Opinion
CASE NO. 2:09-CV-01349-PMP-RJJ
11-01-2012
FEDERAL TRADE COMMISSION, Plaintiff, v. GRANT CONNECT, LLC; et al., Defendants.
RANDOLPH L. HOWARD (Nev. SBN 006688) KOLESAR & LEATHAM, CHTD. GARY OWEN CARIS (Cal. SBN 088918) LSLEY ANNE HAWES (Cal. SBN 117101) MCKENNA LONG & ALDRIDGE LLP Attorneys for ROBB EVANS & ASSOCIATES LLC as Receiver
RANDOLPH L. HOWARD (Nev. SBN 006688)
KOLESAR & LEATHAM, CHTD.
GARY OWEN CARIS (Cal. SBN 088918)
LSLEY ANNE HAWES (Cal. SBN 117101)
MCKENNA LONG & ALDRIDGE LLP
Attorneys for ROBB EVANS & ASSOCIATES
LLC as Receiver
[PROPOSED] ORDER: (1) APPROVING RECEIVER'S
SUPPLEMENTAL FINAL REPORT SET FORTH HEREIN AND FINAL
ACCOUNTING; (2) APPROVING SUPPLEMENTAL FEE REQUEST
AND AUTHORIZING PAYMENT OF RECEIVER'S AND COUNSEL'S
FEES AND EXPENSES [JANUARY 1, 2012 THROUGH CONCLUSION
OF WIND UP]; (3) DISCHARGING RECEIVER AND EXONERATING
ITS BOND; AND (4) FOR RELATED RELIEF
The Motion for Order: (1) Approving Receiver's Supplemental Final Report Set Forth Herein and Final Accounting; (2) Approving Supplemental Fee Request and Authorizing Payment of Receiver's and Counsel's Fees and Expenses [January 1, 2012 Through Conclusion of Wind Up]; (3) Discharging Receiver and Exonerating Its Bond; and (4) For Related Relief ("Final Wind Up Motion") filed by Robb Evans & Associates LLC ("Receiver"), the Court-appointed Receiver for Global Gold Inc., Pink LP, Vantex Group LLC, Vertek Group, LLC, Grant Connect, LLC, Horizon Holdings, LLC and O'Connell Gray, LLC and their successors, assigns, affiliates or subsidiaries, came on regularly before the Court for determination. The Court having reviewed and considered the Final Wind Up Motion and all pleadings and papers filed in support thereof, and having reviewed and considered all responses or oppositions filed thereto, if any, and good cause appearing therefor,
IT IS ORDERED that:
1. The Final Wind Up Motion and all relief sought therein is hereby granted;
2. Without limiting the generality of the foregoing:
A. The supplemental final report of the Receiver's activities reflected in the Final Wind Up Motion, including the Receiver's supplemental final accounting ("Final Accounting") attached as Exhibit 1 to the Declaration of Brick Kane filed in support of the Final Wind Up Motion, the activities of the Receiver described therein, and all actions and activities taken by or on behalf of the Receiver and all payments made by the Receiver in connection with the administration of the receivership estate are hereby approved and confirmed;
B. All receivership administrative expenses, including the Receiver's fees and expenses and those of its counsel incurred in connection with the receivership proceeding, including those previously paid to the Receiver and its counsel, and all actual unpaid administrative expenses and Receiver's and counsel's fees and expenses incurred from January 1, 2012 through the conclusion of this proceeding and the discharge of the Receiver, as reflected in the Final Wind Up Motion and the Final Accounting, including all Receiver's and counsel's fees and expenses actually incurred and unpaid from September 1, 2012 through the closing of the estate which are estimated in the Final Accounting, are hereby approved and authorized to be paid from the Hold Back funds held by the Receiver pursuant to the Court's March 1, 2012 Order (Doc. No. 378);
C. The Receiver is authorized to turn over to plaintiff Federal Trade Commission ("FTC") all funds remaining in the receivership estate from the Hold Back funds after payment of all administrative expenses, including payment of the Receiver and its counsel, after wind up of the estate, pursuant to Section XII.F. of the Order for Permanent Injunction filed October 25, 2011 (Doc. No. 346) ("Permanent Injunction") and Section XV.F. of the Stipulated Final Judgment and Order for Permanent Injunction (Doc. No. 337) filed September 1, 2011 ("Vantex Final Judgment");
D. The Receiver is authorized to abandon records of the Receivership Defendants and to destroy all records of the Receivership Defendants in the possession, custody or control of the Receiver, including without limitation all consumer records and files maintained by the Receivership Defendants that are in the possession, custody or control of the Receiver, if, within 30 days after service of written notice to the FTC, the FTC or other governmental agency does not request and take custody of such records and/or the computer equipment;
E. The Receiver, its agents, employees, members, officers, independent contractors, attorneys and representatives shall be: (a) discharged; (b) discharged and released from all claims and liabilities arising out of and/or pertaining to the receivership herein; and (c) relieved of all duties and responsibilities pertaining to the receivership previously established in this action effective upon the completion of the Receiver's wind up of the estate, payment of administrative expenses, receipt of additional receivership funds from ePay Data as explained in the Final Wind Up Motion, and turnover of the remaining receivership funds to the FTC as provided herein;
F. The Receiver's bond is exonerated effective upon the completion of the Receiver's wind up of the estate, payment of administrative expenses receipt of additional receivership funds from ePay Data as explained in the Final Wind Up Motion, and turnover of the remaining receivership funds to the FTC as provided herein;
G. The Court hereby retains jurisdiction over this case and the receivership in order to address any disputes which may arise concerning the wind up of the receivership estate and the relief provided under the order on the Final Wind Up Motion; and
H. Limited notice of the Final Wind Up Motion and the supplemental final report and Final Accounting under Local Rule of Civil Practice 66-5 is hereby approved, notice and service of the Final Wind Up Motion is hereby deemed sufficient by service of the Final Wind Up Motion on the parties to this action, and the service of the notice of filing of the Final Wind Up Motion on the known non-consumer, vendor and other similar creditors of the Receivership Defendants but not on the potential consumer creditors, and the posting of a copy of the Final Wind Up Motion, exclusive of voluminous time records, is posted on the Receiver's web site for the case.
______________________
HON. PHILIP M. PRO
UNITED STATES DISTRICT COURT JUDGE
CERTIFICATE OF SERVICE
I am a citizen of the United States and employed in Los Angeles County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 300 South Grand Avenue, 14th Floor, Los Angeles, CA 90071.
On October 31, 2012, I served the [PROPOSED] ORDER: (1) APPROVING RECEIVER'S SUPPLEMENTAL FINAL REPORT SET FORTH HEREIN AND FINAL ACCOUNTING; (2) APPROVING SUPPLEMENTAL FEE REQUEST AND AUTHORIZING PAYMENT OF RECEIVER'S AND COUNSEL'S FEES AND EXPENSES [JANUARY 1, 2012 THROUGH CONCLUSION OF WIND UP]; (3) DISCHARGING RECEIVER AND EXONERATING ITS BOND; AND (4) FOR RELATED RELIEF upon the parties and/or counsel listed and by the methods indicated on the attached Service List.
I declare upon the penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on October 31, 2012 at Los Angeles, California.
______________________
Christina Berzaman
SERVICE LIST
The following CM/ECF participants were served by electronic means on October 31, 2012: Blaine T. Welsh Blaine.Welsh@usdoj.gov, Eunice.jones@usdoj.gov,
sue.knight@usdoj.gov
Dean Y. Kajioka kajiokalaw@gmail.com Douglass A. Mitchell dmitchell@bsfllp.com, swisniewski@bsfllp.com Gary Owen Caris gcaris@mckennalong.com, lhawes@mckennalong.com.
pcoates@mckennalong.com
Lesley Anne Hawes lhawes@mckennalong.com. gcaris@mckennalong.com,
pcoates@mckennalong.com
Randolph L. Howard rhoward@klnevada.com, ckishi@klnevada.com,
usdistrict@klnevada.com
Roberto Anguizola ranguizola@ftc.gov, ranguizola@me.com Tracey Thomas tthomas@ftc.gov Robin E. Perkins rperkins@dixontruman.com Jason J. Bach jbach@bachlawfirm.com, ccross@bachlawfirm.com,
mmascarello@bachlawfirm.com,
Sandra.herbstreit@bachlawfirm.com
Ruthanne M. Deutsch rdeutsch@ftc.gov Dotan Weinman dweinman@ftc.gov Steven T. Gubner ecf@ebg-law.com, sgubner@ebg-law.com Kevin Hahn kevin@mclaw.org
The following non-CM/ECF participant was served by electronic mail on October 31, 2012:
Tasha Jn Paul - writetasha@yahoo.com
The following non-CM/ECF participants were served by first-class mail, postage prepaid on October 31, 2012: Rachel A. Cook
9329 Colorful Rainbow
Las Vegas, NV 89166
Kyle Kimoto
Reg. No. 07791-025
FCI Beaumont Medium
Federal Correctional Institution
P.O. Box 26040
Beaumont, TX 77720
James J. Gray
281 Stafford Way
Rochester, NY 14626
Randy D. O'Connell
467 Vancouver Court
Reno, NV 89511
David Willcox, Revenue Officer
Nevada Department of Taxation
Attn: Bankruptcy Section
555 E Washington Ave #1300
Las Vegas, NV 89101
The following non-CM/ECF participant was served by first-class mail, postage prepaid, and electronic mail, on October 31, 2012: Michael L. Henriksen, Jr.
5916 Wildhorse Lodge Avenue
Las Vegas, NV 89131-8977
E-mail: tikaharakore@gmail.com