Securities and Exchange Commission v. Mantria Corporation et al

Filing 285

ORDER granting 278 Motion for Order Approving Payment of Receiver's Fees 1/1/12 - 3/31/12 by Judge Christine M. Arguello on 5/23/12.(cmacd )

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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 JANUARY 1, 2012, THROUGH MARCH 31, 2012, SUBJECT TO A TWENTY PERCENT HOLDBACK _____________________________________________________________________ This matter is before the Court on the Receiver's Seventh Application for Approval of Payment of Receiver’s Fees and Expenses for the Period from January 1, 2012 – March 31, 2012 (“Seventh Application”) (Doc # 278). In connection with the Seventh Application, the Receiver seeks approval of payment of the Receiver’s fees in the amount of $4,864.00 and expenses in the amount of $24.68, as well as the fees and expense of his Retained Personnel as follows: Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver, $3,336.50 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 Seventh Application for Approval of Payment of Receiver’s Fees and Expenses for the Period January 1, 2012, through March 31, 2012 (Doc. # 278) 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 $3,910.94 for his fees and expenses ($4,888.68 - $977.74 ) incurred for the period January 1, 1 2012, through March 31, 2012; (b) Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver, be paid a total of $2,669.20 for its fees ($3,336.50 - $667.30) incurred for the period January 1, 2012, through March 31, 2012; 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 January 1, 2012, through March 31, 2012 . DATED: May 23 , 2012 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge 1 This figure represents a twenty-percent holdback. 2

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