Federal Trade Commission v. Immigration Center et al

Filing 75

ORDERED that Receiver Aviva Y. Gordon's # 57 First Application for Fees and # 69 Second Application for Fees are GRANTED. Signed by Judge Larry R. Hicks on 6/30/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

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IMMIGRATION CENTER, et al.,

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Defendants.

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3:11-CV-00055-LRH-VPC
ORDER

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Before the court are Receiver Aviva Y. Gordon’s First Application for Fees (#571) and

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Second Application for Fees (#69). Defendants Charles Doucette and Deborah Stilson filed

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objections to both (#61-62, 70-71), to which the Receiver filed replies (#64, 72).

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This is an action by the Federal Trade Commission (“FTC”) for injunctive and other

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equitable relief for alleged violations of the FTC Act, 15 U.S.C. § 45(a), in connection with the

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advertising, marketing, and sale of immigration and naturalization services. On January 26, 2011,

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this court entered a temporary restraining order which, inter alia, appointed Gordon as temporary

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receiver. Doc. #18, p. 14. On February 2, 2011, the court extended the temporary restraining order

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and receivership pursuant to stipulation of the presently objecting defendants. Doc. ##27-29. On

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March 3, 2011, the court entered a stipulated preliminary injunction. Doc. #54.

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Refers to court’s docket entry number.

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On March 21, 2011, the Receiver filed the first application for payment of $27,235.61 in

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fees and expenses from the assets of the estate. Doc. #57. The Receiver’s itemized accounting of

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hours billed and expenses reflects fees totaling $25,445.00 (based on 72.70 hours at $350 per hour)

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and expenses totaling $1,790.61. Doc. #57, Exh. A.

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On May 23, 2011, the Receiver filed a second application, increasing the total amount of

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fees and expenses requested to $41,860.91. Doc. #69. The increase of $14,625.30 consists of an

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additional $14,420.00 in fees and $205.30 in expenses. Doc. #69, Exh. A.

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Defendants Doucette and Stilson assert various objections and request the court to award
only half of the fees requested and none of the expenses. They assert that it was a “major

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oversight” that the Receiver is based on Las Vegas, not Reno, resulting in unnecessary fees and

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expenses associated with travel to Reno. They also assert that Receiver’s $350 hourly rate, the

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$269.16 payment to the locksmith, and the overall bill are excessive or unreasonable.

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The FTC fully disclosed Gordon’s hourly rate and Las Vegas location, and the court

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considered such factors in light of Gordon’s experience and qualifications in granting the

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appointment. Furthermore, no objections were raised to Gordon’s hourly rate or location at the

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show cause hearing on February 3, 2011. Indeed, Defendants Doucette and Stilson stipulated to

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Gordon’s continued appointment. Doc. #27.

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The court finds that the Receiver’s hourly rate, hours billed and costs incurred were

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reasonably expended and are approved for payment from the assets of the estate.

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IT IS THEREFORE ORDERED that Receiver Aviva Y. Gordon’s First Application for
Fees (#57) and Second Application for Fees (#69) are GRANTED.

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IT IS SO ORDERED.

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DATED this 30th day of June, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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