Centennial Bank v. Bakerfield Custom Homes Corp. et al

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

ORDER granting {{169}} Receiver's Application for Compensation from February 1, 2018 to February 28, 2018. Signed by Judge James D. Whittemore on 3/22/2018. (AEN)

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PageID 646 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 February 1, KAT " } 2018 to February 28, 2018. (Dkt. 169) . 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 M. D. Fla. R. 3. 01 (b) . Based on a review of the time records and related documentation submitted by the Receiver, including the Receiver's Sixth Report dated March 2, 2018, (Dkts. 168, 169), 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), affd 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 February 1, 2018 to February 28, 2018 (Dkt. 169) is GRANTED and APPROVED. In Bonner v, City of Prichard, 661 F. 2d 1206, 1209 (1 lth 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 647 The Receiver, Steven S. Oscher, is awarded $ 3, 047. 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 22 day of March, 2018. JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record Steven S. Oscher