Opinion
Civil Action No. 09-cv-02676-CMA-MJW
04-22-2013
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. MANTRIA CORPORATION, TROY B. WRAGG, AMANDA E. KNORR, SPEED OF WEALTH, LLC, WAYDE M. MCKELVY, and DONNA M. MCKELVY, Defendants.
Judge Christine M. Arguello
ORDER APPROVING PAYMENT OF RECEIVER'S FEES
AND EXPENSES FOR THE PERIOD OCTOBER 1, 2012, THROUGH
DECEMBER 31, 2012, SUBJECT TO A TWENTY PERCENT HOLDBACK
This matter is before the Court on the Receiver's Tenth Application for Approval of Payment of Receiver's Fees and Expenses for the period from October 1, 2012 - December 31, 2012 ("Tenth Application"). (Doc # 329).
Despite granting the Receiver an extension of time (Doc. # 325), he never filed a Ninth Application for Approval of Fees and Expenses for the period from July 1, 2012, through September 30, 2012.
In connection with the Tenth Application, the Receiver seeks approval of payment of the Receiver's fees in the amount of $7,040.00 and expenses in the amount of $32.39, as well as the fees of his Retained Personnel as follows: Bryan Cave HRO, LLP, counsel for the Receiver, $1,432.80 in fees (there were no expenses); and Baum & Gustafson, tax attorney for the Receiver, $320.00 in fees (there were no expenses). (See id.)The Court being fully advised in the premises, finds that granting the Application is warranted, with a twenty percent deduction to be awarded at a later time, in the Court's discretion, in connection with the Receiver's final fee application. (See Doc. # 82, ¶ 61.)
Accordingly, it is ORDERED that the Receiver's Tenth Application for Approval of Payment of Receiver's Fees and Expenses for the Period October 1, 2012, through December 31, 2012 (Doc. # 329), is GRANTED, with the following modifications, and the following fees and expenses are to be paid out as follows from the funds in the Receivership estate:
(1) The Receiver be paid a total of $5,657.91 for his fees and expenses ($7,072.39 - $1,414.48) incurred for the period October 1, 2012, through December 31, 2012;
(2) Bryan Cave HRO, LLP, counsel for the Receiver, be paid a total of $1,146.24 for its fees ($1,432.80 - $286.56) incurred for the period October 1, 2012, through December 31, 2012; and,
(3) Baum & Gustafson, tax accountant for the Receiver, be paid a total of $256.00 for its fees ($320.00 - $64.00) incurred for the period October 1, 2012, through December 31, 2012.
This figure represents a twenty percent holdback.
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BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge