Securities and Exchange Commission v. Trabulse et al

Filing 99

ORDER ON INTERIM FEE APPLICATION OF MONITOR, MONITOR'S COUNSEL, AND MONITOR'S FORENSIC ACCOUNTANTS AND FINANCIAL FORENSICS FOR THE PERIOD JUNE 1, 2008, THROUGH DECEMBER 31, 2008 (whalc2, COURT STAFF) (Filed on 4/13/2009)

Case 3:07-cv-04975-WHA

Document 97-5

Filed 03/09/2009

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO Case No. C 07-4975 (WHA) [PROPOSED] ORDER ON THIRD INTERIM FEE APPLICATION OF (1) MONITOR, MICHAEL A. GRASSMUECK; (2) MONITOR'S COUNSEL, ALLEN MATKINS; AND (3) MONITOR'S FORENSIC ACCOUNTANTS, FINANCIAL FORENSICS, FOR INTERIM FEES AND EXPENSES FOR THE PERIOD JUNE 1, 2008 THROUGH DECEMBER 31, 2008 ; ORDER VACATING HEARING Date: April 16, 2009 Time: 2:00 p.m. Place: Courtroom 9, 19th Floor 450 Golden Gate Avenue San Francisco, CA 94102

11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff, 13 vs. 14 ALEXANDER JAMES TRABULSE, 15 Defendant. 16 and 17 FAHEY FUND, L.P., FAHEY FINANCIAL 18 GROUP, INC., INTERNATIONAL TRADE & DATA, and ITD TRADING, 19 Relief Defendants. 20 21

In accordance with the Order Granting Appointing Monitor And Other Ancillary Relief

22 dated December 17, 2007 (the "Order"), Michael A. Grassmueck (the "Monitor"), the Monitor's 23 counsel, Allen Matkins Leck Gamble Mallory & Natsis LLP ("Allen Matkins"), and the Monitor's 24 forensic accountants, Financial Forensics, submitted applications seeking reimbursement for fees 25 and costs rendered for the third interim period commencing June 1, 2008 and ending 26 December 31, 2008 ("Third Interim Fee Applications" or "Fee Applications"). Adequate notice 27 was provided to all parties, in accordance with the Order. 28
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

811356.01/LA

PROPOSED ORDER GRANTING MONITOR'S THIRD INTERIM FEE APPLICATION

Case 3:07-cv-04975-WHA

Document 97-5

Filed 03/09/2009

Page 2 of 3

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The Monitor sought approval of an award of $39,875.99 in fees incurred for the Third

2 Interim Period. 3 Allen Matkins sought approval of an award of $54,811.97 in fees and costs incurred for the

4 Third Interim Period. 5 Financial Forensics sought approval of an award of $63,669.90 in fees and costs for the

6 Third Interim Period. 7 This Court, without oral argument, took the Fee Application under submission. The Court,

8 having considered the Fee Application and any oppositions thereto, and good cause appearing 9 therefore, 10 11 HEREBY ORDERS: 1. In accordance with the Order, payments shall be made from the escrow established

12 pursuant to the Order as follows: 13 a. The Monitor's request for $39,875.99 in fees incurred for the Third Interim

14 Period is granted in full. The Monitor is authorized to pay himself this amount out of the bank 15 account identified in the Fee Application and the Order Appointing Monitor; 16 b. Allen Matkins' request for $54,811.97 in fees and costs incurred for the

17 Third Interim Period is granted in full. The Monitor is authorized to pay Allen Matkins this 18 amount out of the bank account identified in the Fee Application and the Order Appointing 19 Monitor; 20 c. Financial Forensics' request for $63,669.90 in fees and costs incurred for the

21 Third Interim Period is granted in full. The Monitor is authorized to pay Financial Forensics this 22 amount out of the bank account identified in the Fee Application and the Order Appointing 23 Monitor. 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

811356.01/LA

PROPOSED ORDER GRANTING MONITOR'S THIRD INTERIM FEE APPLICATION -2-

Case 3:07-cv-04975-WHA

Document 97-5

Filed 03/09/2009

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1

2.

The Fees and costs applied for herein in the Third Interim Fee Application are
S
ISTRIC ES D TC AT T

2 approved as final. 3 4 5 6 7 8 Presented by: 9 David R. Zaro, Esq. Allen Matkins Leck Gamble Mallory 10 & Natsis LLP 515 S. Figueroa Street, 9th Floor 11 Los Angeles, CA 90071-3309 12 /s/ 13 David R. Zaro, Attorneys for Court Appointed Corporate Monitor 14 MICHAEL A. GRASSMUECK 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LAW OFFICES

RT U O

UNIT ED

C RN United StatesDDistrict Court Judge OF I S TALSUP RICT WILLIAM

E

The hearing scheduled for April 16, 2009, is hereby VACATED.

Allen Matkins Leck Gamble Mallory & Natsis LLP

811356.01/LA

PROPOSED ORDER GRANTING MONITOR'S THIRD INTERIM FEE APPLICATION -3-

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April 13, 2009 Dated: ___________________

Judge W

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IT IS SO ORDERED.

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