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 19 i 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 Attention: Burton W. Wiand Client: 025305 Wiand Guerra King, P.L Matter: 000167 3000 Bayport Drive, Ste. 600 Invoice* 2728 Tampa, FL 33607 Page: 1 RE: Scoop Legal Team - Holland & Knight For Professional Services Rendered Through April 30, 2011 SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t Analysis and Recovery 1/3/2011 JWH Analyze communications with investors and investor attorneys (4.5). 4.5 $630.00 1/4/2011 JR Communicate with Mr. Burns and Mr. Coleman regarding recent production (.1); communicate with Mr. Harris regarding recent production to Defendant's counsel (.1). 0.2 $28.00 1/4/2011 JWH Analyze communications with investors and investor attorneys (5.1). 5.1 $714.00 1/5/2011 GM Addressed matters regarding document production in Holland & Knight case (.1). 0.1 $31.50 1/5/2011 JWH Analyze communications with investors and investor attorneys (2.8). 2.8 $392.00 1/6/2011 JWH Analyze communications with investors and investor attorneys (3.0). 3.0 $420.00 1/7/2011 JWH Analyze communications between investors and investor attorneys (3.5). 3.5 $490.00 1/11/2011 JWH Telephone conference with Johnson Pope regarding production of communications in clawback suits produced per court order (.1). 0.1 $14.00 1/19/2011 GM Addressed discovery questions from defendants (.4). 0.4 $126.00 September 07, 2011 Client: 025305 Matter: 000167 Invoice #: 2728 Page: 2 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t Analysis and Recovery 1/19/2011 JR Receipt, review and reply to correspondence from Mr. Coleman regarding discovery issues and review of corresponding materials to verify requested information (.6). 0.6 $84.00 1/19/2011 JWH Email communication from Johnson Pope regarding production to Holland & Knight and further requests for documents (.1). 0.1 $14.00 1/20/2011 JR Receipt and review of correspondence from Mr. Coleman and review of Scoop materials (.2); conference call with Mr. Coleman and Ms. Carol Robinson regarding productions to Holland & Knight (.1). 0.3 $42.00 1/24/2011 JR Review of Scoop documentation in connection with discovery issues per communication with Mr. Coleman (.5). 0.5 $70.00 1/25/2011 JR Review of Scoop materials and e-mails per request of Johnson Pope to determine Bates range issues, etc. (1.5). 1.5 $210.00 1/26/2011 JR Review of Scoop e-mails and communicate with Mr. Coleman and Ms. Robinson regarding bates labeling production issues (1.5). 1.5 $210.00 1/27/2011 GM Addressed matters regarding discovery (1.1). 1.1 $346.50 1/27/2011 JR Review of Scoop e-mails and communicate with Johnson Pope attorney and Mr. Morello regarding Bates labeling issues (.8). 0.8 $112.00 2/3/2011 JWH Review/analyze documents received from E-Hounds for production (1.7). 1.7 $238.00 2/4/2011 JWH Prepare third set of email communications between counsel and clawback defendants for production (2.5). 2.5 $350.00 2/9/2011 JR Communicate with Mr. Coleman regarding non-parties • materials received by Receiver and review of documentation from non-parties (.2). 0.2 $28.00 2/9/2011 JWH Review/analyze emails and attachments for production (5.5). 5.5 $770.00 2/10/2011 JWH Analyze email attachments for production (4.0). 4.0 $560.00 2/14/2011 GM Communications with Receiver's counsel regarding responses to discovery requests (.2). 0.2 $63.00 2/14/2011 JR Conference with Receiver, Mr. Morello, Mr. Burns and Mr. Coleman regarding document production issues (.7); review of list of non-party documents, review lists and materials and provide memo of nature and status of documents per request of counsel (1.5). 2.2 $308.00 2/14/2011 JWH Review/analyze documents previously produced for all attachments (2.5). 2.5 $350.00 September 07, 2011 Client: 025305 Matter: 000167 Invoice* 2728 Page: SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t Analysis and Recovery 2/15/2011 GM Addressed Holland & Knight discovery issues (.3). 0.3 $94.50 2/15/2011 JWH Prepare email attachments for production to outside counsel (5.5). 5.5 $770.00 2/16/2011 JR Receipt and review of correspondence from Mr. Burns to Defendants' counsel (.1); telephone conference with Mr. Burns and Mr. Coleman regarding potential meeting with Defendant's counsel to review documents (.2); communicate with Mr. Sharp at E-Hounds regarding potential meeting with Defendant's counsel (.1); review of non-party documentation to confirm volume and hard copies (.5); telephone conferences with Mr. Coleman and Mr. Sharp regarding scheduling meeting (.2). 1.1 $154.00 2/16/2011 JWH Prepare email attachments for production to outside counsel (5.5). 5.5 $770.00 2/17/2011 JWH Review/analyze communications between receiver and clawback defendants (3.0). 3.0 $420.00 2/18/2011 GM Considered document requests regarding documents obtained from third parties (.3). 0.3 $94.50 2/21/2011 GM Addressed discovery matters regarding Holland & Knight (.4); communications with G. Burns and J. Coleman regarding case against Holland & Knight (.1). 0.5 $157.50 2/21/2011 JR Review correspondence between Mr. Morello and Mr. Coleman and correspondence to Defendants' counsel in prepartion for Defendants' counsels' inspection (.3); communicate with Mr. Harris regarding prepartion of CD with non-party documents for Defendants' counsels' review 0.4 $56.00 CD2/21/2011 JWH Prepare email attachments for production to outside counsel (1.6). 1.6 $224.00 2/21/2011 BN Preparation of email attachments for production to outside counsel (.5). 0.5 $37.50 2/22/2011 GM Meeting with A. Sharp regarding discovery (.3). 0.3 $94.50 2/22/2011 JR Review and organization of documents and electronic files for review by Defendants' counsel and communicate with Mr. Coleman and Mr. Morello regarding same (1.0); communicate with Mr. Sharp regarding meeting with Defendants' counsel (.1); conference with Mr. Coleman and Defendants' counsel regarding documentation (.5); conference call with Mr. Morello, Mr. Coleman and Mr. Sharp regarding discovery production issues (.3). 1.9 $266.00 2/23/2011 GM Communications with counsel for Holland & Knight regarding document productions (1.0). 1.0 $315.00 September 07, 2011 Client: 025305 Matter: 000167 Invoice #: 2728 Page: SERVICES Date ASSET TKPR Description of Services Hours Amount A s s e t Analysis and Recovery 2/23/2011 JR Conference with Mr. Morello, Mr. Coleman, Mr. Sharp and Holland & Knight's counsel to discuss discovery issues (1.5); prepare CD of third party documents per request of Mr. Coleman (.2). 1.7 $238.00 2/23/2011 JWH Prepare email attachments for production to outside counsel (4.5). 4.5 $630.00 2/24/2011 JWH Prepare email attachments/communications for production to outside counsel (3.0). 3.0 $420.00 2/28/2011 GM Reviewed draft interrogatory responses (.3). 0.3 $94.50 2/28/2011 JR Receipt and review of correspondence from Mr. Burns to Mr. Fedders with Nadel fund registration and audit documentation (.1). 0.1 $14.00 3/2/2011 GM Addressed discovery matters for case against Holland & Knight (.1). 0.1 $31.50 3/2/2011 JR Communicate with Mr. Sharp of E-Hounds, Mr. Coleman and Mr. Morello regarding forensic images for Defendants' counsel (.1). 0.1 $14.00 3/3/2011 GM Addressed matters regarding discovery in Holland & Knight case (.2). 0.2 $63.00 3/3/2011 JR Receipt and review of correspondence between Mr. Coleman and Defendants' counsel regarding document production (.1). 0.1 $14.00 3/3/2011 JWH Prepare email communications between Receiver and clawback defendants for production (5.0). 5.0 $700.00 3/6/2011 JWH Prepare email communications between Receiver and clawback defendants for production (4.0). 4.0 $560.00 3/7/2011 GM Reviewed draft interrogatory responses in case against Holland & Knight (.2). 0.2 $63.00 3/7/2011 JR Communicate with Mr. Coleman regarding Sky Bell (.1); search Summation documents for Sky Bell (.2). 0.3 $42.00 3/7/2011 JWH Prepare email communications between investors and Receivership attorneys for production (3.5). 3.5 $490.00 3/8/2011 GM Addressed issues regarding document production in Holland & Knight case (1.4). 1.4 $441.00 3/8/2011 JWH Prepare documents for production to outside counsel (7.1). 7.1 $994.00 3/11/2011 JR Receipt and review of correspondence between Mr. Coleman and Mr. Morello regarding discovery issues (.1). 0.1 $14.00 3/11/2011 JWH Finalize preparation of documents for production to outside counsel by redacting interoffice communications (7.2). 7.2 $1,008.00 September 07, 2011 Client: 025305 Matter: 000167 Invoice* 2728 Page: 5 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t Analysis and Recovery 3/15/2011 JWH Prepare documents for production to outside counsel (5.2). 5.2 $728.00 3/16/2011 JR Communicate with Mr. Coleman regarding contact information for C. and N. Moody (.1). 0.1 $14.00 3/21/2011 JWH Email communication to outside counsel regarding production of documents per court order x4 (.4). 0.4 $56.00 3/21/2011 JWH Prepare documents for production to outside counsel (4.2). 4.2 $588.00 3/22/2011 GM Addressed questions regarding discovery (.2); reviewed documents for production (.8). 1.0 $315.00 3/22/2011 JR Communicate with Mr. Coleman and Mr. Morello regarding subpoenaed documents from Foley Lardner and review of documents produced (.3). 0.3 $42.00 3/22/2011 JWH Prepare documents for production to outside counsel (5.1). 5.1 $714.00 3/23/2011 JWH Prepare documents for production to outside counsel (4.2). 4.2 $588.00 3/24/2011 JWH Prepare documents for production to outside counsel (5.9). 5.9 $826.00 3/25/2011 GM Reviewed documents for production (2.1). 2.1 $661.50 3/25/2011 JR Communicate with Mr. Burns and Mr. Coleman regarding non-party document productions (.2); prepare CD of non-party documents for Johnson Pope (.2); communicate with Mr. Harris regarding list of non-party records/Bates ranges (.2). 0.6 $84.00 3/25/2011 JWH Prepare documents for production to outside counsel (5.2). 5.2 $728.00 3/28/2011 JR Review and update list of non-party productions per conference with Mr. Coleman and Mr. Burns (2.5). 2.5 $350.00 3/28/2011 JWH Prepare documents for production to outside counsel (3.9). 3.9 $546.00 3/29/2011 GM Reviewed documents for production to Holland & Knight (2.1). 2.1 $661.50 3/29/2011 JR Review and finalize list of non-party documents and Bates ranges for Mr. Coleman (.3). 0.3 $42.00 3/30/2011 JR Communicate with Mr. Burns and Mr. Coleman regarding documentation obtained by Receiver (.2); review and tally page count and box count of all documents in preparation for discovery hearing (.5). 0.7 $98.00 3/31/2011 JR Receipt and review of communications between Mr. Coleman and Mr. Sharp regarding discovery issues raised by Defendants' counsel (.1); receipt and review of correspondence from Johnson Pope to Defendants' counsel regarding production (.1); communicate with Mr. Burns and Mr. Coleman regarding document production issues (.1). 0.3 $42.00 September 07, 2011 Client: 025305 IVlatter: 000167 Invoice #: 2728 Page: 6 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t Analysis and Recovery 4/1/2011 JR Communicate with Mr. Coleman regarding discovery issues/non-party documentation (.3); review materials and prepare memo to Mr. Coleman regarding how documents received, etc. (1.0). 1.3 $182.00 4/4/2011 JR Receipt and review of correspondence from Mr. Burns to Defendants' counsel regarding discovery issues (.1); receipt and review of correspondence from Mr. Burns to Defendants' counsel regarding private judge to hear case 0.2 $28.00 CD4/5/2011 JR Receipt and review of correspondence between Mr. Burns and Defendants', counsel regarding depositions (.1). 0.1 $14.00 4/6/2011 GM Addressed discovery request (.2). 0.2 $63.00 4/6/2011 JR Communicate with Mr. Coleman and Mr. Morello regarding non-party document productions and review production lists (.4). 0.4 $56.00 4/6/2011 JWH Review/analyze additional attachments to communications with investors and investor attorneys (4.2). 4.2 $588.00 4/7/2011 JR Review of non-party documents and update chart of production information per conferences with Mr. Coleman (2.5). 2.5 $350.00 4/7/2011 JWH Analyze additional attachments to communications with investors and investor attorneys for production to outside counsel per court order (3.8). 3.8 $532.00 4/8/2011 GM Reviewed documents for production to Holland & Knight (3-2). 3.2 $1,008.00 4/8/2011 JWH Analyze additional attachments to communications with investors and investor attorneys for production to outside counsel (1.5). 1.5 $210.00 4/11/2011 JR Review of non-party documents and update chart of production information per conferences with Mr. Coleman (4.0). 4.0 $560.00 4/12/2011 JR Review of non-party documents and update chart of production information per conferences with Mr. Coleman (4.0); receipt and review of correspondence from Mr. Burns to Holland & Knight's counsel regarding production issues (.1). 4.1 $574.00 4/13/2011 GM Addressed matters regarding production to Holland & Knight (.3). 0.3 $94.50 September 07, 2011 Client: 025305 Matter: 000167 Invoice*: 2728 Page: 7 SERVICES Date TKPR ASSET Description of Services Hours Amount A s s e t A n a l y s i s and Recovery 4/13/2011 JR Review of non-party documents and update chart of production information per conferences with Mr. Coleman (3.0); receipt and review of proposed correspondence from Mr. Burns to Holland & Knight's counsel regarding production issues (.1); communicate with Mr. Coleman regarding proposed correspondence to Holland & Knight's counsel regarding discovery issues (.1); locate e-mails with productions from non-parties (1.5). 4.7 $658.00 4/14/2011 JR Review of non-party documents and update chart of production information per conferences with Mr. Coleman (.5); receipt and review of correspondence from Johnson Pope to Defendants' counsel regarding retired judges and status conference (.1); receipt and review of correspondence from Johnson Pope to Defendants' counsel regarding deposition schedules (.1). 0.7 $98.00 4/18/2011 JR Receipt and review of correspondence from Mr. Coleman regarding document production issues (.2); communicate with Mr. Morello regarding correspondence from Mr. Coleman regarding document production issues (.1); review of nonparty documentation and update chart (1.0). 1.3 $182.00 4/19/2011 GM Addressed matters regarding production to Holland & Knight (.1). 0.1 $31.50 4/19/2011 JR Receipt and review of correspondence from Mr. Coleman regarding discovery issues (.1). 0.1 $14.00 4/20/2011 GM Reviewed draft responses to requests for production (.5). 0.5 $157.50 4/20/2011 JR Review of third-party documents in preparation for production (.5); receipt of correspondence from Mr. Coleman regarding production issues (.1); review of correspondence from Mr. Burns to Defendants' counsel regarding various discovery issues (.1); communicate with Mr. Morello regarding discovery issues (.1); review of draft response to second requests for production (.2). 1.0 $140.00 4/21/2011 JR Review, organize and copy documents and CDs per conferences with Mr. Coleman (1.5); review of non-party documents and update spreadsheet (.7). 2.2 $308.00 4/22/2011 JR Communicate with Mr. Coleman regarding document production and third-party document issues (.2); receipt and review of correspondence from Mr. Burns to Holland & Knight's counsel regarding discovery issues (.1). 0.3 $42.00 4/26/2011 GM Addressed matters relating to document production (.1). 0.1 $31.50 4/29/2011 GM Addressed responses to requests for production (.4). 0.4 $126.00 187.00 $29,017.50 Total: A s s e t Analysis and Recovery September 07, 2011 Client: 025305 Matter: 000167 Invoice*: 2728 Page: 8 SERVICES Date TKPR Description of Services Hours Total Professional Services Amount 187.0 $29,017.50 DISBURSEMENTS Date E101 4/21/2011 E102 3/1/2011 E106 4/29/2011 E107 Description of Disbursements Amount Photocopies @ .15 each (4489 @ $0.15) $673.35 Photocopies Outside Printing Tampa Legal Copies, Inc.- Copy Service- Outside copy services $1,844.46 On Line R e s e a r c h Westlaw (1 @$253.36) $253.36 Del. Services/Messengers 3/31/2011 Choice Express - Courier Service - Delivery to Johnson, Pope, Bokor, Ruppel & Burns, LLP in Tampa on 3/31/11. $37.09 4/11/2011 FedEx to J. Coleman of Johnson, Pope, Bokor, Ruppel & Burns, LLP in Tampa. $18.13 Total Disbursements Total Services Total Disbursements $2,826.39 $29,017.50 $2,826.39 Total Current Charges $31,843.89 Previous Balance $34,069.00 Less Payments P A Y THIS AMOUNT ($34,069.00) $31,843.89 September 07, 2011 Client: 025305 Matter: 000167 Invoice*: 2728 Page: TASK RECAP Services Disbursements Project No. Amount Project No. Amount 187 $29,017.50 Photocopies $673.35 0 $0.00 Outside Printing 0 $0.00 On Line Research 0 $0.00 Del. Services/Messengers 187.00 ASSET - ASSET Hours $29,017.50 $1,844.46 $253.36 $55.22 $2,826.39 BREAKDOWN B Y PERSON Person Project No. Hours Amount GM Gianluca Morello ASSET-ASSET 16.4 $5,166.00 JWH Jeffrey W. Harris ASSET - ASSET 128.8 $18,032.00 JR Jeffrey Rizzo ASSET-ASSET 41.3 $5,782.00 BN Binny Nguyen ASSET-ASSET 0.5 $37.50 187.00 $29,017.50

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