Securities and Exchange Commission v. Nadel et al

Filing 652

Unopposed MOTION for attorney fees Receiver's Unopposed Ninth Interim Motion for Order Awarding Fees, Costs and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Receiver's 9th Interim Report, # 3 Exhibit 3-Scoop Receivership-Rep of Scoop Receivership, # 4 Exhibit 4-Scoop Receivership-Carolina Mtn Land Conservancy, # 5 Exhibit 5-Scoop Receivership-Recovery from Investors, # 6 Exhibit 6-Scoop Receivership-Recovery of Assets from N. and C. Moody, # 7 Exhibit 7-Scoop Receivership-Recovery of Commissions, # 8 Exhibit 8-Scoop Receivership-Holland & Knight, # 9 Exhibit 9-Categorization and Summary of WGK Costs, # 10 Exhibit 10-Attorney Fee Schedule, # 11 Exhibit 11-Scoop Legal Team-Scoop Capital, LLC Receivership, # 12 Exhibit 12-Fowler White, # 13 Exhibit 13-Scoop Legal Team-HFH v. B. Bishop, # 14 Exhibit 14-Scoop Legal Team-Carolina Mtn Land Conservancy, # 15 Exhibit 15-Scoop Legal Team-Recovery from Investors, # 16 Exhibit 16-Johnson, Pope, # 17 Exhibit 17-Scoop Legal Team-Recovery of Assets from N. and C. Moody, # 18 Exhibit 18-Scoop Legal Team-Recovery of Commissions, # 19 Exhibit 19-Scoop Legal Team-Holland & Knight, # 20 Exhibit 20-PDR, # 21 Exhibit 21-E-Hounds, # 22 Exhibit 22-The RWJ Group, LLC, # 23 Exhibit 23-Cheney, Brock & Saudek, P.C., # 24 Exhibit 24-Goosmann Rose Colvard & Cramer, P.A., # 25 Exhibit 25-Proposed Order)(Morello, Gianluca)

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EXHIBIT 17 Wiand Guerra King P.L. 3000 Bayport Drive Suite 600 Tampa, F L 33607 Telephone: 813-347-5100 Facsimile: 813-347-5198 Federal Tax ID # 27-0937962 Burton W. Wiand September 07, 2011 Wiand Guerra King, P.L C l i e n t : 3000 Bayport Drive, Ste. 600 IVlatter: Tampa, FL 33607 Invoice #: Page: 0 2 53 0 5 091072 2742 1 RE: Scoop Legal Team - Recovery of Assets from Neil and Chris Moody For Professional Services Rendered Through April 30, 2011 SERVICES Date ASDIS TKPR Description of Services Hours Amount A s s e t Disposition 1/7/2011 GG Conference with Mr. Morello and Mr. Lamont re: Rustic Ovens (.4); conference with Mr. Crisson re: financial status of restaurants (.5); review financials (.7); evaluate potential of taking restaurants into Receivership given current conditions (.6). 2.2 $715.00 1/13/2011 GG Work on disposition of assets (1.0); telephone conference with J. D. Padilla (.1); locate and retain restaurant appraiser (.4). 1.6 $520.00 1/14/2011 GG Work on disposition of assets (1.0); telephone conference with J. D. Padilla (.1); locate restaurant appraiser (.4). 1.5 $487.50 1/17/2011 GG Review analysis by Mr. Price of Quest Assets (.4). 0.4 $130.00 1/18/2011 GG Contact Mr. Fowler regarding appraisal of Rustic Oven Equipment (.2). 0.2 $65.00 4/26/2011 GG Revise settlement agreement & forward same to Quest (.6). 0.6 $195.00 6.50 $2,112.50 Total: A s s e t Disposition ASSET A s s e t Analysis and Recovery September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 2 SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t Analysis and Recovery 1/3/2011 GG Review revisions to settlement agreement proposed by Mr. Felman (.5); revise agreement in accordance therewith (.5). 1.0 $325.00 1/3/2011 GG Correspondence from Mr. Rizzo regarding prospective short sale by C. Moody of Hillview property (.1); follow up with Mr. Morello regarding N. Moody IRS check (.1); forward settlement papers to Mr. Felman (.1); correspondence to Mr. Felman with notice of settlement (.1); correspondence with C. Moody requesting additional documentation regarding Quest projections (.2); exchange correspondence with Mr. Felman regarding execution of settlement documents (.1); receipt and review of correspondence from IRS requesting signature on POA (.1). 0.8 $260.00 1/3/2011 GM Communications with Mr. Felman regarding N. Moody (.1). 0.1 $31.50 1/3/2011 JR Receipt of correspondence from C. Moody regarding Hillview property and communicate with Mr. Jernigan regarding same (.1); receipt of fax/correspondence from IRS regarding POA related to C. Moody and communicate with Mr. Price regarding same (.2). 0.3 $42.00 1/4/2011 GG Review correspondence from Wells Fargo regarding encumbrances on LaBellasara condominium (.2); receipt and review of executed settlement agreement from C. Moody's counsel (.1); review same (.1). 0.3 $97.50 1/4/2011 GM Reviewed N. Moody's settlement agreement draft (.5). 0.5 $157.50 1/5/2011 GG Telephone conference with C. Moody regarding Quest (.5); brief report to Receiver regarding same (.1); litigation group meeting (2.2). 2.8 $910.00 1/5/2011 GG Telephone conference with C. Moody regarding proposal to Quest and prospective repayment of loan (.3); correspondence from Mr. Felman regarding treatment of tax refund and payment to Mr. Moody (.1). 0.4 $130.00 1/5/2011 ML Analyze settlement agreement (.2); drafted notice of settlement (.2); drafted motion to approve settlement (.5). 0.9 $243.00 1/6/2011 GG Review notice of settlement and motion for confirmation of same (.3). 0.3 $97.50 1/6/2011 GM Considered issues regarding motion to approve settlement regarding N. Moody (.2). 0.2 $63.00 1/6/2011 ML Revised motion to approve settlement (.4); drafted correspondence to S. Masel regarding motion to approve (.2). 0.6 $162.00 1/7/2011 GG Telephone conference with Mr. Price regarding tax returns and refunds for Nadels and Moodys (.3). 0.3 $97.50 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 3 SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t A n a l y s i s and Recovery 1/7/2011 ML Revised motion to approve (.3); telephone call with S. Masel regarding settlement with N. Moody (.2); drafted amended notice of settlement (.1); conference with Mr. Morello and Mr. Guerra regarding Rustic Oven (.4). 1.0 $270.00 1/11/2011 GG Review Rustic Oven financials (.5); conference call with Mr. Crisson regarding landlord issues (.5). 1.0 $325.00 1/11/2011 GG Correspondence from C. Moody with information about offer to invest in Quest (1.0). 1.0 $325.00 1/11/2011 GG Telephone conference with Mr. Crisson regarding financial situation and request by landlord (.4); telephone conference with Mr. Crisson (.3). 0.7 $227.50 1/12/2011 GG Contact Mr. Crisson regarding bank debt on restaurants and supporting documentation (.1). 0.1 $32.50 1/12/2011 GG Receipt and review of leases and bank note in connection with negotiations with landlord and bank (1.5); contact Mr. Jernigan regarding appraisal of restaurant equipment and pickup of assets from Mr. Moody (.2); correspondence to Mr. Jernigan regarding settlement and identification of next steps regarding review and collections of assets to be turned over in Denver, as well as visit to Rustic Oven (.4); telephone conference with Mr. Crisson regarding change of accounting firms as well as landlord's position on back rent payments (.4). 2.5 $812.50 1/13/2011 GG Receipt and review of correspondence from Mr. Felman regarding delivery of tax refund check (.1); exchanged correspondence with Mr. Fowler regarding appraisal of restaurant equipment (.2). 0.3 $97.50 1/13/2011 JR Communicate with Sarasota County recording department regarding fees to record quit claim deed (.1); prepare correspondence requesting recording of quit claim deed regarding N. Moody LaBellasara condominium (.2). 0.3 $42.00 1/14/2011 GG Receipt and review of correspondence from Ms. Barteaux regarding delivery of N. Moody's tax return (.1). 0.1 $32.50 1/17/2011 GG Receipt and review of Quest Energy Management documents (.3). 0.3 $97.50 1/18/2011 GG Telephone conference with Mr. Fowler regarding appraisals of Rustic Oven equipment (.1); telephone conference with Mr. Crisson regarding logistics of appraisals (.1); correspondence to Mr. Fowler regarding same (.1); receipt and review of correspondence from Mr. Felman's office, including copy of IRS check to N. Moody and forward same (.1). 0.4 $130.00 1/18/2011 GM Addressed matters regarding C. Moody tax refund (.1). 0.1 $31.50 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 4 SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t A n a l y s i s and Recovery 1/19/2011 GG Telephone conference with Mr, Crisson regarding prospective appraisal (.1); telephone conference with Mr. Fowler regarding equipment appraisal (.1). 0.2 $65.00 1/19/2011 JR Receipt and review of IRS refund checks for C. Moody (.1); communicate with C. Moody and Mr. Price at PDR regarding same (.1); meeting with C. Moody to endorse IRS checks (.1). 0.3 $42.00 1/20/2011 GG Telephone conference with Mr. Fowler regarding prospective engagement to appraise restaurant equipment (.2); telephone conference with Mr. Crisson regarding restaurant operations, potential sale opportunities and appraisal of equipment/restaurants (.4); exchange correspondence with Mr. Fowler regarding cancellation of appraisal (.2). 0.8 $260.00 1/21/2011 JR Review of Northern Trust bank statements of N. Moody (.7). 0.7 $98.00 1/24/2011 GG Telephone conference with Mr. Crisson regarding potential purchase of restaurant and financial performance over last several days (.2). 0.2 $65.00 1/24/2011 JR 2,5 $350.00 1/25/2011 GG 1.6 $520.00 1/26/2011 GG 0.8 $260.00 Review or files and retrieval materials related to vehicle lease agreements between Respiro and CDM per conference with C. Moody (.5); review of Scoop documentation related to N. Moody (2.0). Exchange email correspondence with Mr. Crisson regarding profit and loss information (.2); telephone conference with Mr. Jernigan regarding arrangements to pick up Moody assets and site visit to Rustic Ovens (.3); review projections for Rustic Oven (.4); various emails with Mr. Hernandez regarding Abarca v. Shell Oil (.4); various emails with Mr. Jernigan regarding equipment appraisals at Rustic Oven (.3). Exchange correspondence with Mr. Felman regarding settlement check and preparation for delivery of assets (.3); correspondence with Mr. Crisson regarding offers on Rustic Oven (.2); exchange emails with Mr. Jimenez and Mr. Calderon (.3). September 07, 2011 Client: 025305 IVlatter: 091072 Invoice #: 2742 Page: 5 SERVICES Date TKPR ASSET D e s c r i p t i o n of Services Hours Amount A s s e t A n a l y s i s and Recovery 1/27/2011 GG Exchanged correspondence with Mr. Jernigan regarding assets to be collected from N. Moody (.2); exchange correspondence with Mr. Lamont regarding status of SEC approval on Moody settlement (.1); exchange correspondence with Mr. Felman regarding arrangements for pick up assets (.2); receipt and review of correspondence from Mr. Felman regarding dismissal and settlement check (.2); exchanged correspondence with Mr. Felman regarding asset turnover and meetings with Mr. Jernigan (.2); correspondence from Mr. Felman regarding Motion to Approve Settlement (.2). 1.1 $357.50 1/27/2011 GM Addressed matters regarding N. Moody assets (.2). 0.2 $63.00 1/28/2011 GG Receipt and review of notice from IRS regarding Quest interest (.2); exchanged correspondence with Mr. Price regarding same (.1); Review correspondence from Otto Wheeler concerning Viking's interest in Quest and the reporting on the 1099 received from IRS (.1). 0.4 $130.00 1/28/2011 JR Review of N. Moody asset list in preparation for interim report per conference with Ms. Lockwood (.3). 0.3 $42.00 1/29/2011 GG Correspondence from Mr. Price regarding additional financial information required from Quest (.2). 0.2 $65.00 1/31/2011 GG Execute Power of Attorney and deliver same to IRS (.2). 0.2 $65.00 2/1/2011 GG Receipt and review of correspondence from Mr. Felman regarding additional matters left to resolve in connection with settlement (.2). 0.2 $65.00 2/2/2011 GG Telephone conference with 1r. Moody regarding Quest Energy (.3). 0.3 $97.50 2/2/2011 GM Addressed matters regarding Moody assets (.2). 0.2 $63.00 2/3/2011 GG Receipt and review of correspondence from C. Moody regarding potential meeting with principals of Quest (.2); correspondence to Mr. Morello and opposing counsel regarding failure by Mr. Moody to turn over certain assets (.3). 0.5 $162.50 2/3/2011 GM Addressed issues relating to N. Moody's settlement (.2). 0.2 $63.00 2/3/2011 JR Telephone conference with C. Moody regarding Quest and arranging meeting with Mr. Guerra and Quest's principals (.1); telephone conference with Mr. Brock and Mr. Harris regarding recording list pendens for Vermont property (.2). 0.3 $42.00 2/4/2011 GG Telephone call from C. Moody (.1). 0.1 $32.50 2/4/2011 JR Review of photographs of assets of N. Moody provided by Mr. Jernigan (.1). 0.1 $14.00 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 6 SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t A n a l y s i s and Recovery 2/10/2011 GG Receipt and review of original appraisal of restaurants in Colorado (.5). 0.5 $162.50 2/12/2011 GG Receipt and review of copy of summons and complaint against Rustic Oven III from Mr. Crisson (.3); contact Mr. Crisson regarding "Rustic Oven III" (.1). 0.4 $130.00 2/14/2011 JR Receipt of check from IRS payable to C. Moody and communicate with Mr. Price, Mr. Morello and C. Moody regarding same (.1). 0.1 $14.00 2/15/2011 JR Receipt and review of correspondence from IRS regarding C. Moody's 2005 & 2006 tax refunds and communicate with Mr. Price, Mr. Morello and Receiver regarding same (.1). 0.1 $14.00 2/16/2011 JR Communicate with C. Moody regarding potential short sale of Hillview rental property and review contract and communicate with Receiver regarding same (.2). 0.2 $28.00 2/17/2011 GG Exchange correspondence with Mr. Crisson regarding unlawful detainer action and origins of "Rustic Oven III" (•4). 0.4 $130.00 2/18/2011 GG Correspondence from Mr. Jernigan regarding appraisal (.1). 0.1 $32.50 2/21/2011 GG Contact Mr. Kratz at Colliers and Arnold regarding prospective sale of Rustic Ovens (.2); exchange correspondence with C. Moody regarding Quest offer of settlement (.1); arrange meeting regarding same (.1). 0.4 $130.00 2/22/2011 GG Receipt and review of correspondence from Mr. Crisson and correspondence from Landlord regarding acquisition of loan/promissory note (.2); telephone conference with C. Moody regarding outline/proposal for settlement from Quest (.6); prepare demand letter to Quest (.4). 1.2 $390.00 2/23/2011 GG Review correspondence from Mr. Price regarding K-2 Hideaway and prepare response to same (.1); review correspondence from Mr. Rizzo regarding ownership interest (.1); correspondence from C. Moody regarding Quest proposal for settlement (.2); telephone conference with C. Moody regarding same (.3). 0.7 $227.50 2/25/2011 GG Correspondence from C. Moody with formal proposal for settlement on behalf of Quest (.4). 0.4 $130.00 2/28/2011 GG Correspondence from Mr. Price regarding P. Nadel refund (.2). 0.2 $65.00 3/1/2011 GG Correspondence from C. Moody regarding Quest settlement discussions (.1). 0.1 $32.50 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page; 7 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t Analysis and Recovery 3/2/2011 GG Receipt and review of correspondence from C. Moody regarding Quest settlement (.1). 0.1 $32.50 3/2/2011 GM Considered structure of deal for Colorado home (.1). 0.1 $31.50 3/9/2011 GG Receipt and review of IRS notice (.1). 0.1 $32.50 3/11/2011 GG Counter-offer from C. Moody on Quest (.2). 0.2 $65.00 3/13/2011 GG Respond to inquiry from Receiver regarding Queen's Wreath Jewelry Store (.2). 0.2 $65.00 3/14/2011 GG Correspondence from Mr. Rizzo regarding Queens Wreath jewelry (.2); review materials regarding Queens Wreath jewels in light of allegations of Mr. Moody's retention of same (.3). 0.5 $162.50 3/14/2011 JR Review Scoop documentation for information related to C. Moody jewelry purchases and communicate with Mr. Morello, Mr. Guerra, Mr. Lamont and Receiver regarding same (2.0). 2.0 $280.00 3/15/2011 GG Telephone call from Mr. Crisson regarding foreclosure of restaurants (.2); correspondence regarding King Air and transfer of title (.2); telephone conference with Harley Davidson Finance Corporation representative regarding transfer of King Air (.5); communication with Receiver regarding cost of transfer of King Air. and possible benefit to Receivership (.3). 1.2 $390.00 3/15/2011 JR Receipt, review and reply to correspondence from C. Moody regarding King Air (.1); review of Scoop documentation for information related to jewelry purchases (1.0). 1.1 $154.00 3/16/2011 JR Communicate with C. Moody regarding transfer of Seagate aircraft and review documentation regarding Seagate investment (.8). 0.8 $112.00 3/18/2011 GG Receipt and review of correspondence from Mr. Crisson regarding foreclosure notice (.2). 0.2 $65.00 3/18/2011 GM Addressed matters relating to N. Moody (.3). 0.3 $94.50 3/18/2011 JR Communicate with Mr. Guerra regarding transfer of C. Moody's interest in SeaGate and King Air and review of documentation regarding same (.2). 0.2 $28.00 4/5/2011 JR Receipt and review of correspondence from Mr. Guerra to C. Moody regarding jewelry purchases (.1). 0.1 $14.00 4/7/2011 GG Correspondence from Jim Felman regarding settlement agreement (.3); respond to same (.3). 0.6 $195.00 4/7/2011 GG Correspondence from Mr. Morello to Mr. Felman on settlement issue. 0.2 $65.00 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 8 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t A n a l y s i s and Recovery 4/7/2011 GM Addressed matters regarding N. Moody settlement (.2). 0.2 $63.00 4/13/2011 GG Telephone call from C. Moody regarding settlement papers and terms (.2). 0.2 $65.00 4/18/2011 GG Receipt and review of IRS notice relating to Chris Moody. 0.2 $65.00 4/18/2011 JR Receipt and review of correspondence from IRS regarding C. Moody 2004 taxes (.1); communicate with Mr. Price at PDR regarding notice from IRS (.1). 0.2 $28.00 4/20/2011 GG Draft settlement agreement (1.0). 1.0 $325.00 4/20/2011 DF Review and revise guaranty, promissory note, and security for Respiro, Inc. (2.7). 2.7 $522.45 4/27/2011 GG Correspondence from Chris Moody regarding Quest settlement agreement. 0.1 $32.50 45.00 $12,335.45 51.5 $14,447.95 Total: A s s e t Analysis and Recovery Total Professional Service; DISBURSEMENTS Date E101 4/20/2011 Description of Disbursements Amount Photocopies Photocopies @ .15 each (61 @ $0.15) $9.15 Total Disbursements Total Services Total Disbursements Total Current Charges Previous Balance Less Payments PAY THIS AMOUNT $9.15 $14,447.95 $9.15 $14,457.10 $28,383.90 ($28,383.90) $14,457.10 September 07, 2011 Client: 025305 Matter: 091072 Invoice #: 2742 Page: 9 TASK RECAP Services Disbursements Project No. Hours Amount Project No. Amount NADEL-ASDIS 6.5 $2,112.50 Photocopies $9.15 N A D E L - ASSET 45 $12,335.45 $0.00 51.50 $14,447.95 $9.15 BREAKDOWN B Y PERSON Person Project No. Hours Amount GG George Guerra NADEL-ASDIS 6.5 $2,112.50 GG George Guerra N A D E L - ASSET 28.1 $9,132.50 ML Michael Lamont N A D E L - ASSET 2.5 $675.00 GM Gianluca Morello N A D E L - ASSET 2.1 $661.50 DF Dionne Fajardo N A D E L - ASSET 2.7 $522.45 JR Jeffrey Rizzo N A D E L - ASSET 9.6 $1,344.00 51.50 $14,447.95

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