Federal Trade Commission v. Immigration Center et al

Filing 94

ORDER. IT IS ORDERED that Receiver's 83 Fourth Application for Fees is GRANTED in the reduced amount of $9,692.50. Signed by Judge Larry R. Hicks on 9/12/2011. (Copies have been distributed pursuant to the NEF - PM)

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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 is Receiver’s Fourth Application for Fees. Doc. #83. No objections have
been filed.
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 Aviva Y. Gordon as

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

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restraining order and receivership pursuant to stipulation of the presently objecting defendants.

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Doc. ##27-29. On March 3, 2011, the court entered a stipulated preliminary injunction. Doc. #54.

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This court previously granted Receiver’s first and second applications for $41,860.91 in

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fees and expenses over the objections of Defendants Charles Doucette and Deborah Stilson, see

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Doc. #75, and Receiver’s unopposed third application for an additional $3,430.00, see Doc. #80.

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Receiver’s fourth application requests payment of an additional $11,232.50 from the assets of the

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estate. Doc. #83, Exh. A.

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The fourth application includes $770.00 in fees for preparing the third fee application on

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June 16, 2011. See Doc. #83, Exh. A. As fees on fees are not warranted, this amount shall be

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deducted from the fee award. The court additionally notes that the third fee application likewise

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included a request for fees on fees for preparation of the second application for fees on May 20,

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2011. That entry went unnoticed by the court and was approved in error. See Doc. #80 (order

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granting the third application in full). To rectify the court’s error, such fees on fees shall be

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deducted from the current fee award. Although the May 20, 2011 entry does not separately itemize

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fees for preparation of the second fee application, the court assumes the amount is comparable to

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the amount requested for preparation of the third fee application. Accordingly, an additional

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$770.00 will be deducted.

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IT IS ORDERED that Receiver’s Fourth Application for Fees (#83) is GRANTED in the

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reduced amount of $9,692.50.

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IT IS SO ORDERED.

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DATED this 12th day of September, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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