Stooksbury v. Ross et al

Filing 1270

MEMORANDUM AND ORDER granting 1245 21st Motion for Disbursement of Funds. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. The Receiver SHALL DISBURSE the $11,766. 07, requested as compensation for services and reimbursement for expenses for the period from February 1, 2014, through February 28, 2014, and the $3,250.00, requested to reimburse for third-party expenses incurred.Signed by Magistrate Judge H Bruce Guyton on 03/28/2014. (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-TAV-HBG

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 his Twenty-First Application for Interim
Compensation and Expense Reimbursement [Doc. 1245].
The Receiver moves the Court to approve payment to the Receiver for the reasonable and
necessary services he rendered between February 1 and February 28, 2014, in the amount of
$11,766.07, which represents $11,593.75 in fees and $172.32 in direct expenses. The Receiver
also requests that the Court approve the reimbursement of third-party expenses incurred through
Robert J. Fletcher, CCIM in the amount of $3,250.00. The Receiver represents that as of
February 28, 2014, the Receiver was in possession of $857,346.47, 1 which includes $46,257.51
allocated to reimburse homeowner association accounts. [Doc. 1245 at 3]. The Receiver also
maintains a separate rent account, which he represents has a balance of $59,559.85, as of
February 28, 2014. [Id.].

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Since February 28, 2014, the Court has entered orders permitting the Receiver to disburse funds from this account.
[See Docs. 1240, 1244]. 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 this Application.

With the instant request, the Receiver has submitted an Invoice of Services rendered in
February 2014, detailing the time spent on various tasks in furtherance of the duties established
by the Court. [Doc. 1245-1]. He has also submitted invoices for the same period, detailing the
out-of-pocket expenses the Receiver incurred in furtherance of these duties. [Doc. 1245-2]. The
Court has reviewed the invoices and finds that they are reasonable.
The Receiver’s Twenty-First Application was filed March 6, 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 Twenty-First Application [Doc. 1245] 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 $11,766.07, requested as compensation for services and reimbursement for
expenses for the period from February 1, 2014, through February 28, 2014, and the $3,250.00,
requested to reimburse for third-party expenses incurred.
IT IS SO ORDERED.

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

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