Securities and Exchange Commission v. Mantria Corporation et al

Filing 250

ORDER APPROVING PAYMENT OF RECEIVER'S FEES AND EXPENSES FOR THE PERIOD JULY 1, 2011, THROUGH SEPTEMBER 30, 2011, SUBJECT TO A TWENTY PERCENT HOLDBACK granting 243 Motion for Order. By Judge Christine M. Arguello on 12/13/11.(jjpsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-02676-CMA-MJW 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. _____________________________________________________________________ ORDER APPROVING PAYMENT OF RECEIVER’S FEES AND EXPENSES FOR THE PERIOD JULY 1, 2011, THROUGH SEPTEMBER 30, 2011, SUBJECT TO A TWENTY PERCENT HOLDBACK _____________________________________________________________________ This matter is before the Court on the Receiver's Fifth Application for Approval of Payment of Receiver’s Fees and Expenses for the period July 1, 2011 – June 30, 2011 (“Fifth Application”) (Doc # 243). In connection with the Fifth Application, the Receivers seeks approval of payment of the Receiver’s fees in the amount of $9,811.00 and expenses in the amount of $283.92, as well as the fees and expense of his Retained Personnel as follows: Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver, $21,364.65 in fees (there were no expenses); Baum & Gustafson, tax attorney for the Receiver, $1,632.00 in fees (there were no expenses). 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: 1) The Receiver’s Fifth Application for Approval of Payment of Receiver’s Fees and Expenses for the Period July 1, 2010 through September 30, 2010 (Doc. # 243) 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: (a) The Receiver be paid a total of $8,075.94 for his fees and expenses ($10,094.92 - $2,018.981) incurred for the period July 1, 2011 through September 30, 2011; (b) Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver, be paid a total of $17,091.72 for its fees and expenses ($21,364.65 - $4,272.93) incurred for the period July 1, 2011 through September 30, 2011; and, (c) Baum & Gustafson, tax accountant for the Receiver, be paid a total of $1,305.60 for its fees and expenses ($1,632.00 - $326.40) incurred for the period July 1, 2011 through September 30, 2011. DATED: December 13 , 2011 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 2

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