Centennial Bank v. Bakerfield Custom Homes Corp. et al

Middle District of Florida, flmd-8:2017-cv-01721

ORDER granting {{134}} Receiver's Application for Compensation from September 26, 2017 to October 31, 2017. Signed by Judge James D. Whittemore on 11/29/2017. (AEN)

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PageID 556 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CENTENNIAL BANK, Plaintiff, VS. Case No .: 8: 17 - cv - 1721 - T - 27JSS BAKERFIELD CUSTOM HOMES CORP ., et al ., Defendants. ORDER BEFORE THE COURT is the Receiver's Application for Compensation from September 26, 2017 to October 31, 2017. (Dkt. 134) . No party responded to the application, and the time for filing objections has elapsed. (Dkt. 117 119, 12) . The application, therefore, is deemed unopposed. See Local Rule 3. 01 (b) . Based on a review of the time records and related documentation submitted by the Receiver, including the Receiver's Report dated November 1, 2017 and the Receiver's Inventory Report (Dkts. 129, 134, 137), the Court finds that the amount requested by the Receiver reflects reasonable am cas compensation for services rendered. See SEC v. W. L. Moody & Co. Bankers (Unincorporated), 374 F. Supp. 465, 480 (S. D. Tex. 1974), affd sub nom. SEC v. W. L. Moody & Co ., 519 F. 2d 1087 (5th 012 Cir. 1975) ("a reasonable fee is based on all circumstances surrounding the receivership") . Accordingly, the Receiver's Application for Compensation from September 26, 2017 to October 31, 2017 (Dkt. 134) is GRANTED and APPROVED. In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981. PageID 557 The Receiver, Steven S. Oscher, is awarded $ 36, 892. 50 as compensation for services rendered, said sum to be payable in accordance with the terms of the Order on Centennial Bank's Verified Motion for Appointment of Receiver to Maintain and Safeguard Assets (Dkt. 117) . DONE AND ORDERED this 29 day of Noninkry _, 2017. Sittman JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record Steven S. Oscher