Securities and Exchange Commission v. Mantria Corporation et al

Filing 284

ORDER granting 262 Motion for Order for Approval of Payment of Receiver's Fees 10/1/11 - 12/31/11. By Judge Christine M. Arguello on 5/23/12.(cmacd )

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 OCTOBER 1, 2011, THROUGH DECEMBER 31, 2011, SUBJECT TO
A TWENTY PERCENT HOLDBACK
_____________________________________________________________________
This matter is before the Court on the Receiver's Sixth Application for Approval of
Payment of Receiver’s Fees and Expenses for the Period from October 1, 2011 –
December 31, 2011 (“Sixth Application”) (Doc # 262).
In connection with the Sixth Application, the Receiver seeks approval of payment
of the Receiver’s fees in the amount of $9,280.00 and expenses in the amount of
$62.43, as well as the fees and expense of his Retained Personnel as follows:
Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver, $14,109.75 in fees
(there were no expenses); Baum & Gustafson, tax attorney for the Receiver, $704.00
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:
1)

The Receiver’s Sixth Application for Approval of Payment of Receiver’s
Fees and Expenses for the Period October 1, 2011, through December
31, 2011 (Doc. # 262) 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 $7,473.95 for his fees and
expenses ($9,342.43 - $1,868.48 ) incurred for the period October
1

1, 2011, through December 31, 2011;
(b)

Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver,
be paid a total of $11,287.80 for its fees ($14,109.75 - $2,821.95)
incurred for the period October 1, 2011, through December 31,
2011; and,

(c)

Baum & Gustafson, tax accountant for the Receiver, be paid a total
of $563.20 for its fees ($704.00 - $140.80) incurred for the period
October 1, 2011, through December 31, 2011.

DATED: May 23 , 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

1

This figure represents a twenty-percent holdback.

2