Securities and Exchange Commission v. Mantria Corporation et al

Filing 334

ORDER granting with modifications 329 Tenth Application for Approval of Payment of Receivers Fees and Expenses for the Period October 1, 2012, through December 31, 2012 by Judge Christine M. Arguello on 4/22/13.(dkals, )

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, 2012, THROUGH
DECEMBER 31, 2012, SUBJECT TO A TWENTY PERCENT HOLDBACK

This matter is before the Court on the Receiver's Tenth Application for Approval
of Payment of Receiver’s Fees and Expenses for the period from October 1, 2012 –
December 31, 2012 (“Tenth Application”).1 (Doc # 329).
In connection with the Tenth Application, the Receiver seeks approval of
payment of the Receiver’s fees in the amount of $7,040.00 and expenses in the amount
of $32.39, as well as the fees of his Retained Personnel as follows: Bryan Cave HRO,

1

Despite granting the Receiver an extension of time (Doc. # 325), he never filed a
Ninth Application for Approval of Fees and Expenses for the period from July 1, 2012, through
September 30, 2012.

LLP, counsel for the Receiver, $1,432.80 in fees (there were no expenses); and Baum
& Gustafson, tax attorney for the Receiver, $320.00 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 the Receiver’s Tenth Application for Approval
of Payment of Receiver’s Fees and Expenses for the Period October 1, 2012, through
December 31, 2012 (Doc. # 329), 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:
(1)

The Receiver be paid a total of $5,657.91 for his fees and expenses
($7,072.39 - $1,414.48 ) incurred for the period October 1, 2012, through
2

December 31, 2012;
(2)

Bryan Cave HRO, LLP, counsel for the Receiver, be paid a total of
$1,146.24 for its fees ($1,432.80 - $286.56) incurred for the period
October 1, 2012, through December 31, 2012; and,

2

This figure represents a twenty percent holdback.

2

(3)

Baum & Gustafson, tax accountant for the Receiver, be paid a total of
$256.00 for its fees ($320.00 - $64.00) incurred for the period October 1,
2012, through December 31, 2012.

DATED: April

22

, 2013
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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