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SECURITIES AND EXCHANGE COMMISSION v. PATH AMERICA, LLC, C15-1350JLR. (2016)

Court: District Court, D. Washington Number: infdco20160607f62 Visitors: 1
Filed: Jun. 06, 2016
Latest Update: Jun. 06, 2016
Summary: SECOND ORDER REGARDING FEE APPLICATIONS JAMES L. ROBART , District Judge . Before the court are eight fee applications: (1) the second quarterly application for compensation for Receiver Michael A. Grassmueck's ("the Receiver") immigration counsel, Baker Donelson, in the amounts of $18,873.00 in fees and $5.25 in costs, which seeks an order authorizing disbursement of 80% of the total requested fees and costs (Dkt. # 290); (2) the second quarterly application for compensation for the Re
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SECOND ORDER REGARDING FEE APPLICATIONS

Before the court are eight fee applications: (1) the second quarterly application for compensation for Receiver Michael A. Grassmueck's ("the Receiver") immigration counsel, Baker Donelson, in the amounts of $18,873.00 in fees and $5.25 in costs, which seeks an order authorizing disbursement of 80% of the total requested fees and costs (Dkt. # 290); (2) the second quarterly application for compensation for the Receiver's local counsel, Karr Tuttle Campbell, P.S. ("Karr Tuttle"), in the amounts of $56,672.00 in fees and $1,543.80 in costs, which seeks an order authorizing disbursement of 80% of the total requested fees and costs (Dkt # 292); (3) the second interim fee application of Financial Forensics, the Receiver's forensic accountants, in the amounts of $45,361.00 in fees and $489.43 in expenses, which seeks an order authorizing disbursement of 80% of the requested fees and expenses (Dkt. # 295); (4) the second interim fee application of the Receiver's general counsel, Allen Matkins Leck Gamble Malory & Natsis, LLP ("Allen Matkins"), in the amounts of $346,172.85 in fees and $2,087.20 in costs, which seeks an order authorizing disbursement of 80% of the requested fees and costs (Dkt. # 297); (5) the second interim fee application of McCullough Hill Leary, PS ("McCullough"), the Receiver's counsel for the receivership entity Potala Tower Seattle, LLC, in the amount of $3,696.50 in fees, which seeks an order authorizing disbursement of 80% of the requested fees (Dkt. # 299); (6) the first interim fee application of Johns Monroe Mitsunaga Kolouskova PLLC ("JMMK"), counsel for Relief Defendant Potala Village Kirkland, LLC, in the amounts of $13,972.50 in fees and $128.46 in expenses, which seeks an order authorizing disbursement of 80% of the requested fees and expenses (Dkt. # 301); (7) the second interim fee application of the Receiver in the amounts of $104,231.50 in fees and $3,036.44 in costs, which seeks an order authorizing disbursement of 80% of the requested fees and costs (Dkt. # 304); and (8) the first interim fee application of Caron Architecture, LLC ("Caron"), contracted architect for Relief Defendants Potala Shoreline, LLC, and Potala Village Kirkland, LLC, in the amounts of $25,688.00 in fees and $606.62 in expenses, which seeks an order authorizing disbursement of 80% of the requested fees and expenses (Dkt. # 306).

No party has filed an opposition to any of the foregoing fee applications. (See generally Dkt.) Plaintiff Securities and Exchange Commission has filed a statement of non-opposition to the fee applications. (SEC Resp. (Dkt. # 329) at 2.)

The court finds that the fees and costs represented in each of the foregoing fee applications are reasonable and necessary, notice of the fee applications was appropriate, the fee applications are in accord with the Order Appointing Receiver (Order (Dkt. # 88) ¶¶ 55-59), and the services provided were of substantial benefit to the estate. Accordingly, the court GRANTS the fee applications listed above (Dkt. ## 290, 292, 295, 297, 299, 301, 304, 306) and APPROVES on an interim basis the following application amounts:

Applicant: Period: Fees: Costs: Total: Baker Donelson January 1, 2016, $18,873.00 $5.25 $18,878.25 through March 31, 2016 Karr Tuttle January 1, 2016, $56,672.00 $1,543.80 $58,215.80 through March 31, 2016 Financial January 1, 2016, $45,361.00 $489.43 $45,850.43 Forensics through March 31, 2016 Allen Matkins January 1, 2016, $346,172.85 $2,087.20 $348,260.05 through March 31, 2016 McCullough January 1, 2016, $3,696.50 $00.00 $3,696.50 through March 31, 2016 JMMK December 7, $13,972.50 $128.46 $14,100.96 2015, through March 31, 2015 Receiver Michael January 1, 2016, $104,231.50 $3,036.44 $107,267.94 A. Grassmueck through March 31, 2016 Caron December 1, $25,688.00 $606.62 $26,294.62 2015, through March 31, 2016

The court further ORDERS that the Receiver is authorized to disburse 80% of the foregoing approved fees and costs at this time to the foregoing respective applicants, as described below:

(1) The court AUTHORIZES the Receiver to disburse $15,102.60 to Baker Donelson. (2) The court AUTHORIZES the Receiver to disburse $46,572.64 to Karr Tuttle. (3) The court AUTHORIZES the Receiver to disburse $36,680.34to Financial Forensics. (4) The court AUTHORIZES the Receiver to disburse $278,608.04 to Allen Matkins. (5) The court AUTHORIZES the Receiver to disburse $2,957.20 to McCullough. (6) The court AUTHORIZES the Receiver to disburse $11,280.77 to JMMK. (7) The court AUTHORIZES the Receiver to disburse $85.814.35 to the Receiver. (8) The court AUTHORIZES the Receiver to disburse $21,035.70 to Caron.
Source:  Leagle

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