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

Filing 699

SIXTEENTH ORDER REGARDING FEE APPLICATIONS. The court GRANTS Allen Matkins fee application (Dkt. # 698 ) and APPROVES on an interim basis application amounts, for the period July 1, 2019, though September 30, 2019, of $13,146.47 in fees and � 36;2,812.97 in costs for a total of $15,959.38. Further, the court AUTHORIZES the Receiver to presently disburse to Allen Matkins $10,517.40 in fees and $2,250.38 in costs for a total of $12,767.78, which is 80% of the approved fees and costs for the period of July 1, 2019, through September 30, 2019. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SECURITIES AND EXCHANGE
COMMISSION,

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CASE NO. C15-1350JLR

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Plaintiff,
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v.

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SIXTEENTH ORDER
REGARDING FEE
APPLICATIONS

PATH AMERICA, LLC, et al.,

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Defendants and

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POTALA SHORELINE, LLC, et al.,

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Relief Defendants.

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Before the court is the sixteenth quarterly fee application of Receiver Michael A.
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Grassmueck’s (“the Receiver”) general counsel, Allen Matkins Leck Gamble Mallory &
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Natsis, LLP (“Allen Matkins”), for $13,146.75 in fees and $2,812.97 in costs. (Fee App.
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(Dkt. # 698).) As described below, the court GRANTS Allen Matkins’ fee application.
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ORDER - 1

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Allen Matkins filed the foregoing motion on November 14, 2019, and properly

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noted it for the court’s consideration on November 29, 2019. (See id.) Any opposition to

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the motions was due no later than Monday, November 25, 2019. See Local Rules W.D.

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Wash. LCR 7(d)(3) (“Any opposition papers shall be filed and served no later than the

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Monday before the noting date.”). No party filed an opposition to the motion. (See

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generally Dkt.)

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The court finds that (1) the fees and costs requested in the fee application are

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reasonable and necessary, (2) the notice of the fee application was appropriate, (3) the fee

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application is made in accordance with the Order Appointing Receiver (see OAR (Dkt.

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# 88) ¶¶ 55-59), and (4) the services provided were of substantial benefit to the

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Receivership Estate. Allen Matkins seeks a distribution of only 80% of the approved fees

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and costs at this time. (See id. ¶ 58 (“Quarterly Fee Applications may be subject to a

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holdback in the amount of 20% of the amount of fees and expenses for each application

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filed with the Court.”); see also Fee App. at 2.)

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Accordingly, the court GRANTS Allen Matkins fee application (Dkt. # 698) and

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APPROVES on an interim basis application amounts, for the period July 1, 2019, though

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September 30, 2019, of $13,146.47 in fees and $2,812.97 in costs for a total of

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$15,959.38. Further, the court AUTHORIZES the Receiver to presently disburse to

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Allen Matkins $10,517.40 in fees and $2,250.38 in costs for a total of $12,767.78, which

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ORDER - 2

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is 80% of the approved fees and costs for the period of July 1, 2019, through September

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30, 2019.

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Dated this 6th day of December, 2019.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3