Securities and Exchange Commission v. Path America, LLC et al

Filing 558

SIXTH ORDER REGARDING FEE APPLICATIONS granting the following fee applications: 533 534 535 537 538 539 541 and approving application amounts. Signed by Judge James L. Robart. (PM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

SECURITIES AND EXCHANGE
COMMISSION,

11
Plaintiff,

CASE NO. C15-1350JLR
SIXTH ORDER REGARDING
FEE APPLICATIONS

12
v.
13
PATH AMERICA, LLC, et al.,
14
Defendants, and
15
POTALA SHORELINE, LLC, et al.,
16
Relief Defendants.
17
Before the court are seven fee applications: (1) the sixth interim fee application of
18
Receiver Michael A. Grassmueck (“the Receiver”) for $45,934.00 in fees and $2,502.79
19
in costs, which seeks an order authorizing disbursement of 80% of the requested fees and
20
costs (Dkt. # 533); (2) the fifth interim fee application of Caron Architecture, LLC
21
(“Caron”), which is the contracted architect for the Potala Shoreline and Potala Village
22
ORDER- 1

1 Kirkland projects, for $65,562.50 in fees and $354.90 in costs, which seeks an order
2 authorizing disbursement of 80% of the requested fees and costs (Dkt. # 537); (3) the
3 sixth interim fee application of the Receiver’s general counsel, Allen Matkins Leck
4 Gamble Mallory & Natsis, LLP (“Allen Matkins”), for $396,192.60 in fees and $2,498.53
5 in costs, which seeks an order authorizing disbursement of 80% of the requested fees and
6 costs (Dkt. # 534); (4) the sixth interim fee application of Financial Forensics, the
7 Receiver’s forensic accountant, for $11,313,00 in fees and $4.05 in costs, which seeks an
8 order authorizing disbursement of 80% of the requested fees and costs (Dkt. # 538); (5)
9 the sixth quarterly application for compensation from the Receiver’s immigration
10 counsel, Baker Donelson, for $5,596.50 in fees and $20.38 in costs, which seeks an order
11 authorizing disbursement of 80% of the total requested fees and costs (Dkt. # 539); (6)
12 the sixth quarterly fee application for the Receiver’s local counsel, Karr Tuttle Campbell,
13 P.S. (“Karr Tuttle”), for $15,135.50 in fees and $1,167.75 in costs, which seeks an order
14 authorizing disbursement of 80% of the total requested fees and costs (Dkt. # 541); and
15 (7) the third interim fee application of Peterson Sullivan LLP, tax accountants for the
16 Receiver, for $51,701.50 in fees and $1,680.94 in costs, which seeks an order authorizing
17 disbursement of 80% of the requested fees and costs (Dkt. # 535).
18

Counsel for the Receiver filed all of the foregoing motions on May 15, 2017. (See

19 Dkt. ## 533-35, 537-39, 541.) The motions are noted for the court’s consideration on
20 June 23, 2017. (See Notice (Dkt. # 536) (modifying the noting dates for Dkt. ## 533-35
21 from June 2, 2017, to June 23, 2017); see also Dkt. ## 537-39, 541.) Any opposition to
22 the motions was due no later than Monday, June 19, 2017. See Local Rules W.D. Wash.
ORDER- 2

1 LCR 7(d)(3) (“Any opposition papers shall be filed and served no later than the Monday
2 before the noting date.”). No party has filed an opposition to any of the above-listed
3 motions. (See generally Dkt.)
4

The court finds that (1) the fees and costs requested in each of the fee applications

5 listed above are reasonable and necessary, (2) the notice of the fee applications was
6 appropriate, (3) the fee applications are made in accordance with the Order Appointing
7 Receiver (see Ord. Appoint. Rec. ¶¶ 55-59), and (4) the services provided were of
8 substantial benefit to the Receivership Estate. Accordingly, the court GRANTS the fee
9 applications listed above (Dkt. ## 533-35, 537-39, 541) and APPROVES on an interim
10 basis the following application amounts:
11

Applicant:

Period:

Fees:

Costs:

Total:

12

Receiver
Michael A.
Grassmueck
Caron

January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017
January 1,
2017, through
March 31, 2017

$45,934.00

$2,502.79

$48,436.79

$65,562.50

$354.90

$65,917.40

$396,192.60

$2,498.53

$398,691.13

$11,313.00

$4.05

$11,317.05

$5,596.50

$20.38

$5,616.88

$15,135.50

$1,167.75

$16,303.25

$51,701.50

$1,680.94

$53,382.44

13
14
15

Allen Matkins

16
17

Financial
Forensics

18

Baker Donelson

19
20
21
22

Karr Tuttle

Peterson
Sullivan

ORDER- 3

1
The court further AUTHORIZES the Receiver to disburse the following
2
percentages of the foregoing approved fees and costs at this time, as described below:
3
(1) The court AUTHORIZES the Receiver to disburse $38,749.43 to the Receiver,
4
which is 80% of the approved fees and costs;
5
(2) The court AUTHORIZES the Receiver to disburse $52,733.92 to Caron, which
6
is 80% of the approved fees and costs;
7
(3) The court AUTHORIZES the Receiver to disburse $318,952.90 to Allen
8
Matkins, which is 80% of the approved fees and costs;
9
(4) The court AUTHORIZES the Receiver to disburse $9,053.64 to Financial
10
Forensics, which is 80% of the approved fees and costs;
11
(5) The court AUTHORIZES the Receiver to disburse $4,493.50 to Baker
12
Donelson, which is 80% of the approved fees and costs;
13
(6) The court AUTHORIZES the Receiver to disburse $13,042.60 to Karr Tuttle,
14
which is 80% of the approved fees and costs; and
15
(7) The court AUTHORIZES the Receiver to disburse $42,705.95 to Peterson
16
Sullivan, which is 80% of the approved fees and costs.
17
Dated this 21st day of June, 2017.
18
19
20

A

21

JAMES L. ROBART
United States District Judge

22
ORDER- 4