Opinion
Civil No. 2:02CV-0039C
December 12, 2003
Thomas M. Melton, Esq., William B, McKean, Esq., Securities and Exchange Commissionn, Salt Lake City, UT, Attorneys for the Securities and Exchange Commission
Max D. Wheeler, Esq. Robert J. Shelby, Esq. Snow, Christensen Martineau, Salt Lake City, UT, Attorneys for David E. Ross II
Randall Mackey, Esq. Gifford W. Price, Esq. Russell C. Skousen, Esq. Mackey Price Thompson, South Salt Lake City, UT Attorneys for Patrick M. Brody
Rodney G. Snow, Esq. Clyde, Snow, Sessions Swenson, Salt Lake City, UT, Attorneys for Michael G. Licopantis
ORDER
Whereas by this Court's January 23, 2002 Order Appointing Receiver, the Court appointed David K. Broadbent as Receiver for defendants Merrill Scott Associates, Ltd., Merrill Scott Associates, Inc. and Phoenix Overseas Advisors, Ltd., and all subsidiaries and affiliated entities (collectively "Merrill Scott");
WHEREAS, the Receiver, by Declaration and Twelfth Report of Receiver filed December 11, 2003, seeks permission to pay the reasonable fees and expenses of the Receiver and Holland Hart LLP as permitted under Section II(i) of the Order Appointing Receiver, it is hereby
ORDERED that the Declaration and Twelfth Report of Receiver filed December 11, 2003, is hereby accepted and approved; and it is further
ORDERED that the Receiver may, pursuant to the Order Appointing Receiver, pay from the assets of Merrill Scott or the Receivership Estate:
A. the invoice of the Receiver dated December 9, 2003, for fees and expenses incurred in October and November, 2003 in the amount of $16,600.00, and
B. the invoice of Holland Hart LLP dated December 9, 2003, for fees and expenses incurred in October and November 2003 in the amount of $177,373,55.