Securities and Exchange Commission v. Elm ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 15-cv-60082-DIMITROULEAS/SNOW SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. FREDERIC ELM f/k/a FREDERIC ELMALEH, et al., Defendants, and AMANDA ELM f/k/a AMANDA ELMALEH, Relief Defendant. ___________________________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court in accordance with 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, on Receiver’s Tenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver and Retained Counsel [DE 245], and the Report and Recommendation of Magistrate Judge Patrick Hunt [DE 248], dated July 8, 2022. The Court notes that no objections to the Report [DE 248] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 248] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 248] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 248] is hereby ADOPTED and APPROVED; 2. The Receiver's Tenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver and Retained Counsel [DE 245] is hereby GRANTED; 3. The Receiver is authorized to pay to pay $8,277.13 in fees and costs for the Receiver and other professionals at Michael Moecker and Associates, Inc.; $20,310.52 in fees and costs for the Receiver at Grisel Alonso Associates; and $8,597.98 in legal fees and costs for Nelson Mullins Broad and Cassel. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 25th day of July, 2022. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA MAGIA AYN GC VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of record