SECURITIES AND EXCHANGE COMMISSION
v.
BRIAN DAVISON; BARRY M. RYBICKI; EQUIALT LLC; EQUIALT FUND, LLC; EQUIALT FUND II, LLC; EQUIALT FUND III, LLC; EA SIP, LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court adopted the Magistrate Judge's Report and Recommendation, granting the Receiver's fee application.
“After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the Magistrate Judge's report and recommendation.”
Establishes the standard of review for a district judge evaluating a magistrate judge's report and recommendation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Receiver applied for fees and costs for his and his professionals' work. The Magistrate Judge recommended granting the application, and no party o…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Magistrate Judge'S Report And Recommendation cases and more on FLexlaw
THIS CAUSE comes before the Court for consideration of the Receiver's Unopposed Twenty-Third Quarterly Fee Application for Order Awarding Fees and Reimbursement of Costs to Receiver and His Professionals. (Dkt. 1379) The Receiver seeks fees and costs for his work and the work of the professionals he retained to assist him in the resolution of this matter for the period from July 1, 2025 through September 30, 2025. (Id.) On December 1, 2025, United States Magistrate Judge Natalie Hirt Adams issued a Report and Recommendation, recommending that the Receiver's
29052
Motion be granted. (Dkt. 1390) No party has filed an objection to the Report and Recommendation, and the deadline to do so has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the Magistrate Judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 1390), is CONFIRMED and
29053
ADOPTED as part of this Order.
2. The Receiver's Unopposed Twenty-Third Quarterly Fee Application for Order Awarding Fees and Reimbursement of Costs to Receiver and His Professionals, (Dkt. 1379), is GRANTED.
3. Fees and costs shall be awarded in the following amounts: a. The Receiver, in the amount of $45,102.31; b. Burton W. Wiand, P.A., in the amount of $34,140.00; c. JND, in the amount of $26,887.99; d. Jared J. Perez, P.A., in the amount of $1,050.00; e. Yip Associates, in the amount of $906.50; f. Levun, Goodman, and Cohen, LLP, in the amount of $5,577.50; g. PDR, in the amount of $20,232.10; h. E-Hounds, in the amount of $6,945.00; i. Omni, in the amount of $13,789.08; and j. Raines Feldman Littrell LLP, in the amount of $2,927.00.
DONE and ORDERED in Tampa, Florida, this 14th day of January 2026.
MARY S SORIVEN UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Wainwright, 459 U.S. 1112 (U.S. 1983)