Securities & Exchang v. Dowdell, et al

Filing 940

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting in part and denying in part 936 Motion for approval of Thirty-seventh Interim Application; adopting 939 Report and Recommendations. Signed by Judge Norman K. Moon on 4/2/2014. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION SECURITIES AND EXCHANGE COM M ISSION , CIVIL ACTION NO . 3:01-CV -00116 Plaintiff, v. ORDER TERRY L. DOW DELL , ET AL ., JUDGE NORMAN K. MOON Defendants. Upon receipt and consideration of the Thirty-Seventh Interim Application for Allowance of Compensation and Expenses for Receiver and Counsel for Receiver (the “Thirty-Seventh Interim Application”), I referred the matter, pursuant to 28 U.S.C. § 636(b)(1) and (b)(3), to United States Magistrate Judge Robert S. Ballou for a report and recommended disposition. Judge Ballou has now issued his Report and Recommendation (the “Report”) regarding the Thirty-Seventh Interim Application. Upon review of the record, and no objection having been filed to the Magistrate Judge’s Report within fourteen days of its service upon the parties, I hereby ADOPT the Report (docket no. 939) in its entirety, and the Thirty-Seventh Interim Application (docket no. 936) is GRANTED, in part, and DENIED, in part, as follows: expenses in the requested amount of $0.00 are approved; the Receiver’s fees are approved in a reduced amount of $18,632.50; and the Receiver is awarded the holdback amount of $3,726.50. It is so ORDERED. The Clerk of the Court is directed to send a certified copy of this order to all counsel of record and to United States Magistrate Judge Robert S. Ballou. 2nd Entered this ________ day of April, 2014.

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