Securities and Exchange Commission v. Mantria Corporation et al

Filing 354

ORDER granting with modifications 348 Receiver's Twelfth Application for Approval of Payment of Receiver's Fees and Expenses by Judge Christine M. Arguello on 9/30/13.(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 APRIL 1, 2013, THROUGH
JUNE 30, 2013, SUBJECT TO A TWENTY PERCENT HOLDBACK

This matter is before the Court on the Receiver's Twelfth Application for Approval
of Payment of Receiver=s Fees and Expenses for the period from April 1, 2013 B June 30,
2013 (ATwelfth Application@). (Doc # 348).
In connection with the Twelfth Application, the Receiver seeks approval of
payment of the Receiver=s expenses in the amount of $64.22, as well as the fees of
his Retained Personnel as follows: Bryan Cave HRO, LLP, counsel for the Receiver,
$1,407.00 in fees and $97.40 in 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 Twelfth Application for Approval
of Payment of Receiver=s Fees and Expenses for the Period April 1, 2013, through June
30, 2013 (Doc. # 348), is GRANTED, 1 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 $51.38 for his expenses ($64.22 - $12.84 2)
incurred for the period April 1, 2013, through June 30, 2013;

(2)

Bryan Cave HRO, LLP, counsel for the Receiver, be paid a total of
$1,125.60 for its fees ($1,407.00 - $281.40) and $77.92 ($97.40 - $19.48)
for its expenses incurred for the period April 1, 2013, through June 30,
2013.

DATED: September

30

, 2013
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

1

As a word of caution to counsel for the Receiver, the Court notes that the proposed
order, as well as others the Court has previously received, contained several errors. Regardless
of whether the error is substantive or mathematical, the Court implores counsel for the Receiver to
be more careful in future filings, so as to facilitate the Court=s expeditious review of them.
2

This figure represents a twenty percent holdback.

2