Securities and Exchange Commission v. Path America, LLC et al
Filing
686
Fourteenth ORDER Regarding Fee Applications. The Court GRANTS fee applications (Dkt. ## 683 , 684 , 685 ) and approves on an interim basis application the following amounts for the January 1, 2019, through March 31, 2019. (See Order for details) Signed by Judge James L. Robart. (SWT)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
SECURITIES AND EXCHANGE
COMMISSION,
CASE NO. C15-1350JLR
11
Plaintiff,
12
13
v.
PATH AMERICA, LLC, et al.,
14
15
FOURTEENTH ORDER
REGARDING FEE
APPLICATIONS
Defendants and
POTALA SHORELINE, LLC, et al.,
16
Relief Defendants.
17
Before the court are three quarterly fee applications: (1) the fourteenth interim fee
18
application of Receiver Michael A. Grassmueck’s (“the Receiver”) general counsel,
19
Allen Matkins Leck Gamble Mallory & Natsis, LLP (“Allen Matkins”), for $80,936.55 in
20
fees and $2,955.49 in costs (Dkt. # 683); (2) the fourteenth interim fee application of the
21
Receiver’s forensic accountant, Financial Forensics, for $9,396.00 in fees (Dkt. # 684);
22
ORDER - 1
1
and (3) the eleventh interim fee application of the Receiver’s tax accountants, Peterson
2
Sullivan LLP (“Peterson Sullivan”), for $43,788.50 in fees and $22.50 in costs (Dkt.
3
# 685). As described below, the court GRANTS the fee applications of Allen Matkins,
4
Financial Forensics, and Peterson Sullivan (Dkt. ## 683-85).
5
The Receiver’s counsel filed all of the foregoing motions on May 15, 2019, and
6
properly noted them for the court’s consideration on May 31, 2019. (See id.) Any
7
opposition to the motions was due no later than Monday, May 27, 2019. See Local Rules
8
W.D. Wash. LCR 7(d)(3) (“Any opposition papers shall be filed and served no later than
9
the Monday before the noting date.”). No party filed an opposition to any of the motions.
10
11
(See generally Dkt.)
The court finds that (1) the fees and costs requested in each of the fee applications
12
listed above are reasonable and necessary, (2) the notice of the fee applications was
13
appropriate, (3) the fee applications are made in accordance with the Order Appointing
14
Receiver (see OAR (Dkt. # 88) ¶¶ 55-59), and (4) the services provided were of
15
substantial benefit to the Receivership Estate. Each of the foregoing applicants seeks a
16
distribution of only 80% of the approved fees and costs at this time. (See id. ¶ 58
17
(“Quarterly Fee Applications may be subject to a holdback in the amount of 20% of the
18
amount of fees and expenses for each application filed with the Court.”); see also Dkt.
19
# 683 at 2; Dkt. # 684 at 3; Dkt. # 685 at 4.)
20
Accordingly, the court GRANTS the fee applications (Dkt. ## 683-85) and
21
APPROVES on an interim basis the following application amounts for the period of
22
January 1, 2019, through March 31, 2019:
ORDER - 2
1
Applicant:
Fees:
Costs:
Total Allowed:
2
Allen Matkins
$80,936.55
$2,955.49
$83,892.04
3
Financial Forensics
$9,396.00
$00.00
$9,396.00
4
Peterson Sullivan
$43,788.50
$22.50
$43,811.00
5
Finally, the court AUTHORIZES the Receiver to disburse the following
6
percentages of the foregoing approved fees and costs at this time:
7
(1)
$67,113.63 to Allen Matkins, which is 80% of the approved fees and costs;
(2)
$7,516.80 to Financial Forensics, which is 80% of the approved fees and
8
9
costs; and
10
(3)
$35,048.80 to Peterson Sullivan, which is 80% of the approved fees and
11
costs.
12
Dated this 3rd day of June, 2019.
13
15
A
16
JAMES L. ROBART
United States District Judge
14
17
18
19
20
21
22
ORDER - 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?