Consumer Financial Protection Bureau v. Moseley et al

Filing 202

ORDER granting 197 Seventh Interim Application of Receiver forOrder Approving Fees and Expenses. Signed on 7/2/18 by District Judge Stephen R. Bough. Copy of order mailed to: Christopher J Randazzo, 13916 Flint Street, Overland Park, KS 66221; Richard F Moseley, Jr, 3901 W. 56th Street, Fairway, KS 66205; and Richard F Moseley, Sr, 438 W. 56th Street, Kansas City, MO 64113. (Diefenbach, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CONSUMER FINANCIAL
PROTECTION BUREAU,
Plaintiff,
v.
RICHARD F. MOSELEY, SR., et al.,
Defendants.

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Case No. 4:14-cv-00789-SRB

ORDER
Before the Court is the Seventh Interim Application of Receiver for Order Approving
Fees and Expenses (Doc. 197) for the five-month period December 1, 2017, through June 6,
2018. Thomas W. McNamara was first appointed Temporary Receiver by a Temporary
Restraining Order (“TRO”) filed September 9, 2014 (Doc. 8), which appointment was
confirmed, and the temporary designation removed, by the Stipulated Preliminary Injunction
(“Preliminary Injunction”) entered October 3, 2014 (Doc. 40).
The Preliminary Injunction provides for the continuation of the receivership over the
Receivership Defendants with the full power of an equity receiver. Section XV(I) of the
Preliminary Injunction expressly authorizes the Receiver to:
“Choose, engage, and employ attorneys, accountants, appraisers, and other
independent contractors and technical specialists, as the Receiver deems advisable
or necessary in the performance of duties and responsibilities under the authority
granted by this Order[.]”
Section XIX of the Preliminary Injunction further provides for the compensation of the Receiver
and his professionals as follows:
“…the Receiver and all personnel hired by the Receiver as herein authorized,
including counsel to the Receiver and accountants, are entitled to reasonable

compensation for the performance of duties under this Order, and for the cost of
actual out-of-pocket expenses incurred by them, from the assets now held by or in
the possession or control of, or which may be received by, the Receivership
Defendants. The Receiver is expressly authorized to retain Ballard Spahr, a firm of
which he is a partner. The Receiver will file with the Court and serve on the parties
periodic requests for the payment of such reasonable compensation, with the first
such request filed no more than sixty (60) days after the date of this Order. The
Receiver may not increase the hourly rates used as the bases for such fee
applications without prior approval of the Court.”
The Court has reviewed the Receiver’s Declaration and supporting documents, and is
satisfied with the Application. Accordingly, the Seventh Interim Application of Receiver for
Order Approving Fees and Expenses (Doc. 197) is GRANTED and payment of the following
requested amounts for fees and expenses is approved:
a) $7,393.40 fees to the Receiver and his staff, payable to TWM Receiverships, Inc. dba
Regulatory Resolutions;
b) $74,721.60 fees and $13,361.60 expenses to counsel McNamara Smith LLP;
c) $2,255.00 fees to special trial counsel Charles G. La Bella;
d) $7,040.00 fees to local counsel Bartle & Marcus;
e) $6,420.00 fees to expert Gupta Wessler PLLC; and
f) $85,000.00 fees to tax accountants Squar Milner, LLP.
IT IS SO ORDERED.
/s/ Stephen R. Bough
JUDGE STEPHEN R. BOUGH
UNITED STATES DISTRICT COURT
DATED: July 2, 2018

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