Securities and Exchange Commission v. Fujinaga et al
ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 423 the receiver's motion for order approving and authorizing payment of receiver's and professionals fees (ECF No. 423) be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that 423 the receiver's motion for an order finding notice to creditors to be sufficient under Local Rule 66-5 be, and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 6/9/17. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SECURITIES AND EXCHANGE
Case No. 2:13-CV-1658 JCM (CWH)
EDWIN YOSHIHIRO FUJINAGA and MRI
INTERNATIONAL, INC., et al.,
Presently before the court is receiver Robb Evans & Associates LLC’s (“receiver”) motion
for order approving and authorizing payment of receiver’s and professionals’ fees and expenses
and motion for order granting relief from Local Rule 66-5 pertaining to notice of creditors. (ECF
No. 423). No response was filed, and the deadline to respond has now passed.
The receiver requests an order “approving and authorizing payment of receivership fees
and expenses incurred for the three-month period from January 1, 2017 through March 31, 2017,”
the “reporting period.” (ECF No. 423). This includes fees for the receiver and its deputies, agents,
staff and professionals in the amount of $50,245.05, their expenses in the amount of $272.54,
business entity expenses in the amount of $6,251.00, and expenses related to the estate’s real
property in the amount of $49,441.36. (ECF No. 423). This also includes fees to Lynch Law
Practice, PLLC in the amount of $57,728.90 and its expenses in the amount of $3,792.38. (ECF
No. 415). The cumulative total for the expense period is $167,731.23. (ECF No. 423).
The motion sets forth the receiver’s services and activities during the expense period, as
well as the law supporting an award of the requested fees. (ECF No. 423). Further, Local Rule 7-
2(d) provides that “the failure of an opposing party to file points and authorities in response to any
James C. Mahan
U.S. District Judge
motion shall constitute a consent to the granting of the motion.” LR 7-2(d). The court will
therefore grant the instant unopposed motion.
Further, to the extent that Local Rule 66-5 applies here, the court finds that the receiver has
given sufficient notice to creditors under the rule. The receiver filed the instant motion on the
public CM/ECF docket in this case. The court set a response deadline for the motion. The deadline
has now passed and no response or other objection has been filed by any party.
Good cause appearing, the court will grant the instant motion.
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the receiver’s motion for
order approving and authorizing payment of receiver’s and professionals’ fees (ECF No. 423) be,
and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the receiver’s motion for an order finding notice to
creditors to be sufficient under Local Rule 66-5 (ECF No. 423) be, and the same hereby is,
DATED June 9, 2017.
UNITED STATES DISTRICT JUDGE
James C. Mahan
U.S. District Judge
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