Federal Trade Commission v. MOBE Ltd.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v. Case No. 6:18-cv-862-Orl-37DCI

MOBE LTD.; MOBEPROCESSING.COM, INC.; TRANSACTION MANAGEMENT USA, INC.; MOBETRAINING.COM, INC.; 9336-0311 QUEBEC INC.; MOBE PRO LIMITED; MOBE INC.; MOBE ONLINE LTD.; MATT LLOYD PUBLISHING.COM PTY LTD.; MATTHEW LLOYD MCPHEE; and SUSAN ZANGHI,

Defendants.

ORDER Mark J. Bernet (“Receiver”) moves for payment for services rendered by himself (Doc. 261 (“Receiver Application”)) and authorization to pay the law firms Akerman LLP (Doc. 262 (“Akerman Application”)) and the Deacons (Doc. 263 (“Deacons Application”)) and the accounting firm Cherry Bekaert LLP (Doc. 264 (“Cherry Bekaert Applicaltion”)). On referral, U.S. Magistrate Judge Daniel C. Irick recommends: granting the Receiver Application, awarding $100,000 in fees (Doc. 265, p. 6); granting in part the Akerman Application, awarding $16,8150 in fees and $51.30 in costs (id. at p. 8); granting in part the Deacons Application, awarding $7,654 in fees and $230.69 in costs (id. at pp. -1- 8–11); and granting the Cherry Bekaert Application, awarding $33,900 in fees (id. at pp. 11–12).

No objections were filed, and the time for doing so has now passed. Absent objection, the Court reviewed the Report and Recommendation only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court adopts the Report and Recommendation (Doc. 265) in full. Accordingly, it is ORDERED AND ADJUDGED:

1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 265) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Receiver’s Verified Fourth Application for Payment for Services Rendered (Doc. 261) is GRANTED and the Receiver is authorized payment of $100,000.00 in fees.

3. The Receiver’s Verified Fourth Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Akerman LLP (Doc. 262) is GRANTED IN PART AND DENIED IN PART: a. The Receiver is authorized to pay Akerman LLP $16,815.00 in fees and $51.30 in expenses;

b. In all other respects, the Akerman Application is DENIED. 4. The Receiver’s Verified Application for Authority to Pay Hong Kong Law Firm Deacons for Services Rendered and Costs Incurred (Doc. 263) is

-2- GRANTED IN PART AND DENIED IN PART: a. The Receiver is authorized to pay Deacons $7,654.00 in fees and $230.69 in expenses; b. In all other respects, the Akerman Application is DENIED. 5. The Receiver’s Verified Application for Authority to Pay Accounting Firm Cherry Bekaert LLP for Services Rendered and Costs Incurred (Doc. 264) is GRANTED and the Receiver is authorized payment of $33,900.00 in fees. DONE AND ORDERED in Chambers in Orlando, Florida, on June 22, 2020.

wy. < ‘ a ROY B. DALTON United States District Judge

Copies to: Counsel of Record Pro se Party

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