Stooksbury v. Ross et al

Filing 1244

ORDER granting 1214 Motion for Release of Funds. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. The Receiver SHALL DISBURSE the $10,734.35 requested in the Twentieth Application to himself as compensation for services and reimbursement for expenses for the period from January 1, 2014, through January 31, 2014.Signed by Magistrate Judge H Bruce Guyton on 03/04/2014. (KAW)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT T. STOOKSBURY, JR.,
Plaintiff,

v.
MICHAEL L. ROSS, et al.,
Defendants.

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No. 3:09-CV-498
(VARLAN/GUYTON)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.

The Receiver has filed a Twentieth Application for Interim

Compensation and Expense Reimbursement [Doc. 1214].
The Receiver moves the Court to approve payment to the Receiver for the reasonable and
necessary services he rendered between January 1 and January 31, 2014, in the amount of
$10,734.35, which represents $10,718.75 in fees and $16.00 in direct expenses. The Receiver
represents that as of February 11, 2014, the Receiver was in possession of $861,077.59, which
includes $46,257.51 allocated to reimburse homeowner association accounts. [Doc. 1214 at 2].1
With the instant request, the Receiver has submitted an Invoice of Services rendered in
January 2014, detailing the time spent on various tasks in furtherance of the duties established by
the Court. [Doc. 1214-1]. He has also submitted invoices for the same period, detailing the outof-pocket expenses the Receiver incurred in furtherance of these duties. [Doc. 1214-2]. The
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Since February 11, 2014, the Court has entered a number of orders permitting the Receiver to disburse funds from
this account. [See Docs. 1233, 1235, 1240]. However, these disbursements will not dissipate the funds in the
Receivership account to a point where it would be inappropriate to permit the compensation and reimbursement
requested in the Twentieth Application for Interim Compensation and Expense Reimbursement.

Court has reviewed the invoices and finds that they are reasonable.
The Receiver’s Twentieth Application was filed February 12, 2014, and his request and
the supporting invoices have been available for review to the parties. No party or interested
person has objected to the compensation and expenses submitted. The time for doing so has
expired. See, generally, E.D. Tenn. L.R. 7.1. The Court may treat this failure to respond as
acquiescence to the relief sought. See E.D. Tenn. L.R. 7.2.
Accordingly, the Court finds that the Receiver’s Twentieth Application [Doc. 1214] is
well-taken, and it is GRANTED. The Court finds the compensation and expenses requested by
the Receiver are REASONABLE, and they are APPROVED.

The Receiver SHALL

DISBURSE the $10,734.35 requested in the Twentieth Application to himself as compensation
for services and reimbursement for expenses for the period from January 1, 2014, through
January 31, 2014.
IT IS SO ORDERED.

ENTER:
/s H. Bruce Guyton
United States Magistrate Judge

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