Securities and Exchange Commission v. Mantria Corporation et al

Filing 319

ORDER Approving with modifications 301 Application for Approval of Payment of Receivers Fees and Expenses by Judge Christine M. Arguello on 10/16/12.(dkals, ) Modified on 10/17/2012 to correct the file date (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 APRIL 1, 2012, THROUGH JUNE 30, 2012, SUBJECT TO
A TWENTY PERCENT HOLDBACK
_____________________________________________________________________
This matter is before the Court on the Receiver's Eighth Application for Approval
of Payment of Receiver’s Fees and Expenses for the period from April 1, 2012 – June
30, 2012 (“Eighth Application”). (Doc # 301).
In connection with the Eighth Application, the Receiver seeks approval of
payment of the Receiver’s fees in the amount of $2,432.00 and expenses in the amount
of $361.35, as well as the fees of his Retained Personnel as follows: Brownstein Hyatt
Farber Schreck, LLP, counsel for the Receiver, $5,253.90 in fees (there were no
expenses); Baum & Gustafson, tax attorney for the Receiver, $928.00 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 Eighth Application for Approval of Payment of Receiver’s
Fees and Expenses for the Period April 1, 2012, through June 30, 2012
(Doc. # 301) 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 $2,234.68 for his fees and
expenses ($2,793.35 - $558.67 ) incurred for the period April 1,
1

2012, through June 30, 2012;
(b)

Brownstein Hyatt Farber Schreck, LLP, counsel for the Receiver,
be paid a total of $4,203.12 for its fees ($5,253.90 - $1,050.78)
incurred for the period April 1, 2012, through June 30, 2012; and,

(c)

Baum & Gustafson, tax accountant for the Receiver, be paid a total
of $742.40 for its fees ($928.00 - $185.60) incurred for the period
April 1, 2012, through June 30, 2012.

DATED: October

16

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

1

This figure represents a twenty-percent holdback.

2