Centennial Bank v. Bakerfield Custom Homes Corp. et al

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

ORDER granting {{160}} Receiver's Application for Compensation from December 1, 2017 to December 31, 2017. Signed by Judge James D. Whittemore on 1/18/2018. (AEN)

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PageID 605 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 December 1, 2017 to December 31, 2017. (Dkt. 160) . No party responded to the application, and the time for filing objections has elapsed. (Dkt. 117419, 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 Fourth Report dated January 2, 2018, (Dkts. 159, 160), the Court finds that the amount requested by the Receiver reflects reasonable compensation for services rendered. See SEC v. W. L. Moody & Co. Bankers (Unincorporated), 374 F. Supp. 465, 480 (S. D. Tex. 1974), aff ' d sub nom. SEC v. W. L. Moody & Co ., 519 F. 2d 1087 (5th Cir. 1975) ("a reasonable fee is based on all circumstances surrounding the receivership ') . Accordingly, the Receiver's Application for Compensation from December 1, 2017 to December 31, 2017 (Dkt. 160) is GRANTED and APPROVED. ' In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (1 1th 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 606 The Receiver, Steven S. Oscher, is awarded $ 6, 510. 00 as compensation for services rendered, said sum to be payable in accordance with the terms of the Order on Centennial Bank's Verified IT Motion for Appointment of Receiver to Maintain and Safeguard Assets (Dkt. 117) . DONE AND ORDERED this _ 18 day of January, 2018. JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record Steven S. Oscher