General Electric Capital Corporation et al v. Ten Forward Dining, Inc. et al

Filing 218

ORDER granting 216 Motion of Bellann Raile, Receiver, for approval of final account and report of receiver, for approval of receiver's fees and attorney's fees for receiver's counsel, for exoneration of receiver's bond and for approval of receiver's action, signed by Judge John A. Mendez on 5/22/14. (Kastilahn, A)

1
2
3
4
5

Bruce Cornelius, of Counsel - Bar #065525
Michael D. Mandell, of Counsel - Bar #209486
BELZER & MURRAY LLP
3650 Mt. Diablo Boulevard, Suite 180
Lafayette, California 94549
Telephone: [phone]
Facsimile: 925-283-5192
Attorneys for Receiver
Bellann Raile

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

GENERAL ELECTRIC CAPITAL
CORPORATION; CEF FUNDING II, L.L.C.
and CEF FUNDING V, LLC,

Case No. 2:09-cv-03296-JAM-AC
ORDER GRANTING MOTION OF
BELLANN RAILE, RECEIVER, FOR
APPROVAL OF FINAL ACCOUNT AND
REPORT OF RECEIVER, FOR
APPROVAL OF RECEIVER’S FEES
AND ATTORNEY’S FEES FOR
RECEIVER’S COUNSEL, FOR
EXONERATION OF RECEIVER’S
BOND AND FOR APPROVAL OF
RECEIVER’S ACTIONS

Plaintiffs,
v.
TEN FORWARD DINING, INC.; et al.
Defendants.

17

Date: May 21, 2014

18

Time: 9:00 a.m.

19

Courtroom: 6 - Judge Mendez

20
21
22
23

The motion of Bellann Raile, Receiver, for an order approving the Final Report

24

and Accounting of Bellann Raile, Receiver has been regularly set for hearing on May 21, 2014, in

25

Department 6 of the above entitled Court, The Honorable John A. Mendez, Judge presiding.

26
27

The Court, having reviewed the pleadings in support of the motion, the records on

28

file herein, having noted that no opposition to the Receiver’s Motion or her Final Account has
1

1

been filed, and having further noted that all parties, through legal counsel have a approved a

2

proposed form of order submitted by the Receiver in connection with the Motion, and good cause

3

appearing,

4

IT IS HEREBY ORDERED that:

5

1. The Final Report and Accounting of Bellann Raile, Receiver, is approved,

6

including, without limitation, all fees and expenses of the Receivership Estate reported therein;

7

2. Receiver's fees and expenses in the sum of $29,292.70 are approved as

8

previously paid from the Receivership Estate account, and an additional $8,820.00 for the

9

Receiver’s fees that remain unpaid are hereby approved to be paid from the Receivership Estate

10
11

account, subject to Paragraph 4 of this Order below;
3.

Attorney’s fees previously paid by the Receiver to her counsel in the amount

12

of $7,066.25 are hereby approved and, remaining attorney’s fees of $11,300.00 are approved and

13

may be paid from the Receivership Estate, subject to Paragraph 4 of this Order below;

14

4.

The Receiver’s accounting shows that she holds in the Receivership Estate the

15

sum of approximately $42,338.96 in excess of monies necessary to pay all expenses and fees

16

incurred by the Receivership Estate, save and except for the remaining professional fees of

17

Receiver’s attorney, and unpaid Receiver’s fees. Pursuant to an agreement reached by defendant

18

Kobra Restaurant Properties, LLC and the Receiver, the Receiver shall disburse to Kobra

19

Restaurant Properties, LLC the sum of $25,250.00 from Receivership Estate assets in the form of

20

check payable to "Law Office of Saied Kashani" and in no other manner. The balance of the

21

monies in the Receivership Estate account shall be disbursed by the Receiver for the payment of

22

Receiver’s fees and attorney’s fees for Receiver’s counsel in a manner to be determined by the

23

Receiver and her attorney.

24

IT IS FURTHER ORDERED that all the actions taken and decisions rendered by

25

the Receiver in administering the receivership estate in this proceeding are approved as being

26

consistent with the powers and duties assigned to the Receiver by this Court's Orders.

27
28
2

1
2
3
4

IT IS FURTHER ORDERED that the Receiver is discharged from her duties as
Receiver, and her bond is exonerated.

5
Dated: May 22, 2014
6
7
8
9
10

/s/ JOHN A. MENDEZ
Judge Mendez
United States District Court Judge

APPROVED AS TO FORM AND CONTENT:
/s/ Saied Kashani_____
Saied Kashani, attorney for
Kobra Restaurant Properties, LLC

11

KUTAK ROCK LLP

12
/s/ Lisa M. Peters_____
Lisa M. Peters,
attorneys for Plaintiffs

13
14
15

BELZER & MURRAY, LLP

16

/s/ Bruce Cornelius_____
Bruce Cornelius, of Counsel,
Bellann Raile, Receiver

17
18
19
20
21
22
23
24
25
26
27
28
3

Attorneys for