Securities and Exchange Commission VS Global Express Capital Real Estate Investment Fund I, LLC et al

Filing 1003

ORDER Approving 24th Interim Application for Approval of Receiver's Fees and Expenses. See Order for details. Signed by Judge Kent J. Dawson on 3/18/11. (Copies have been distributed pursuant to the NEF - MMM)

Securities and Exchange Commission VS Global Express Capital Real Estate I...tment Fund I, LLC et al

Doc. 1003

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13390.3

BYRON Z. MOLDO, SBN 109652 ERVIN COHEN & JESSUP LLP TH 9401 WILSHIRE BOULEVARD, 9 FLOOR BEVERLY HILLS, CALIFORNIA 90212 Tel: 310\ 273-6333 Fax: 310\ 859-2325 RANDOLPH L. HOWARD, NV SBN 6688 KOLESAR & LEATHAM, CHTD. WELLS FARGO FINANCIAL CENTER 3320 W. SAHARA AVENUE, SUITE 380 LAS VEGAS, NV 89102 TEL: [phone] FAX: [phone] Attorneys for James H. Donell, Permanent Receiver

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

SECURITIES & EXCHANGE COMMISSION, Plaintiff,

CASE NO.: CV-S-03-1514-KJD-LRL

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ORDER APPROVING TWENTYFOURTH INTERIM APPLICATION GLOBAL EXPRESS CAPITAL REAL FOR APPROVAL OF RECEIVER'S ESTATE INVESTMENT FUND I, LLC, FEES AND EXPENSES et aI.,
Defendants. Date: March 18,2011 Time: 9:00 a.m. Ctrm: 6D

The "Twenty-Fourth Interim Application For Approval Of Receiver's Fees And Expenses; Memorandum Of Points And Authorities; Declarations Of James H. Donell, Byron Z. Moldo, Randolph L. Howard, and James T. Schaefer In Support Thereof' ("Application"), having been filed with the Court, and notice of hearing
IDOCS:l3390.3: 1177096.1 1 ORDER APPROVING TWENTY-FOURTH INTERIM APPLICATION FOR APPROVAL OF RECEIVER'S FEES AND EXPENSES

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Dockets.Justia.com

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having been served upon all interested parties, the matter came on for hearing on March 18,2011,2010 at 9:00 a.m. in Courtroom 6D of the above-entitled Court, before the Honorable Kent J. Dawson, United States District Judge. Byron Z. Moldo of Ervin Cohen & Jessup LLP appeared on behalf of James H. Donell, Permanent Receiver; James H.
Don~ll,

Permanent Receiver appeared; other parties appeared as

reflected in the Court's minutes. The Court having read and considered the Application, all opposing and reply papers, and after hearing the statements and arguments of counsel, and being fully advised in the premises, rules as follows: 1. IT IS HEREBY ORDERED that the Receiver's fees and expenses for the

period July 1,2010 through December 31,2010, in the amounts of $24,803.00 and $3,310.42, respectively, are approved. 2. IT IS FURTHER ORDERED that the fees and expenses of the

Receiver's general counsel, Ervin Cohen & Jessup LLP ("ECJ"), for legal services performed on behalf of the Receiver for the period July 1, 2010 through December 31, 2010, in the amounts of$43,059.50 and $4,728.65, respectively, are approved. 3. IT IS FURTHER ORDERED that the fees and expenses of the

Receiver's special Nevada counsel, Kolesar & Leatham, Chtd. ("Kolesar"), for legal services performed on behalf of the Receiver for the period July 1, 2010 through December 31,2010, in the amounts of $629.25 and $3.25, respectively, are approved. 4. IT IS FURTHER ORDERED that the fees and expenses of the

Receiver's accountant, Schaefer & Co. ("Schaefer"), for accounting services performed on behalf of the Receiver for the period July 1, 2010 through December 31, 2010 in the amounts of$13,746.75 and $712.50, respectively, are approved.
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IDOCS: 13390.3: II 77096.1 2 ORDER APPROVING TWENTY-FOURTH INTERIM APPLICATION FOR APPROVAL OF RECEIVER'S FEES AND EXPENSES

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IT IS FURTHER ORDERED that the Receiver is authorized to pay the

Receiver, ECJ, Kolesar, and Schaefer the amount of approved fees and expenses from the funds in his possession.

DATED: March 18, 2011 KENT J. DAWSON UNITED STATES DISTRICT COURT JUDGE

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IDOCS: J3390.3: 1177096.1 3 ORDER APPROVING TWENTY-FOURTH INTERIM APPLICATION FOR APPROVAL OF RECEIVER'S FEES AND EXPENSES

Case 2:03-cv-01514-KJD Document 1000-6

Filed 02/25/11 Page 4 of 5

CERTIFICATE OF SERVICE

25, I hereby celtify that on February 24, 2011, I electronically filed the foregoing document: [PROPOSED] ORDER APPROVING RECEIVER'S TWENTY-FOURTH INTERIM APPLICATION FOR APPROVAL OF RECEIVER'S FEE AND EXPENSES with the clerk of the COUlt using the CM/ECF system, which will send a Notice of Electronic Filing to the following:
Ambrish S Sidhu [e-mail] Aviva Y Gordon [e-mail], [e-mail], [e-mail] Bryan R. Clark (Terminated) [e-mail] CiCi Cunningham [e-mail] David 1. Winterton [e-mail], [e-mail], [e-mail], [e-mail] Douglas L. Monson [e-mail], [e-mail] Eric R. Olsen [e-mail], [e-mail], [e-mail] Erika P Tumer [e-mail] Gregory L Wilde [e-mail] Kristina Pickering [e-mail], [e-mail] Lawrence J Semenza, II [e-mail] Lisa A Rasmussen [e-mail], [e-mail], [e-mail],[e-mail] Louis E [e-mail], [e-mail] Marianne Gatti [e-mail] Michelle L. [e-mail], [e-mail], [e-mail] Randolph L. Howard [e-mail], [e-mail], [e-mail] Ronald H Reynolds [e-mail], [e-mail] Ronald W. Truman [e-mail]
T. Louis Palazzo [e-mail], [e-mail]

David J Van Havennaat [e-mail], [e-mail] Randall R Lee [e-mail] Peter Alan Davidson [e-mail], [e-mail] Byron Z. Moldo (Terminated) [e-mail], [e-mail], [e-mail], [e-mail] Joseph G. [e-mail], [e-mail], [e-mail] Kevin S. Soderstrom [e-mail]

I fUlther certify that I mailed the foregoing document and the Notice of Electronic filing by first class mail to the following non-CM/ECF participants:
Briane Nelson Mitchell, Esq. Securities and Exchange Commission Pacific Regional Office, 11 th Floor 5670 Wilshire Blvd. Los Angeles, CA 90036-3648 Counsel for Plaintif.{, SEC

INTERESTED PARTIES [SEE ATTACHED ADDITIONAL SERVICE LIST!

lsi BYRON Z. MOLDO BYRON Z. MOLDO Ervin Cohen & Jessup LLP 9401 Wilshire Blvd., 9th Floor Beverly Hills, CA 90212-2974 Tel: [phone] I Fax: [phone] Email: [e-mail]
IOOCS: 13390.3 (16940.5):777131.1

Case 2:03-cv-01514-KJD Document 1000-6

Filed 02/25/11 Page 5 of 5

Manual Notice List Connie S. Farris P.O. Box 62 Arroyo Grande, CA 93421 Samir Ghazal 2509 Manchester Bay Ave Las Vegas, NV 89031 Sheryl A. Lubotsky 5021 S. Elati Street Englewood, CO 80110 Said Mobin 722 N. Royal Crest Cir. #36 Las Vegas, NV 89109 Paris W. Robert 4330 S. Eastern Ave. Suite 261 Las Vegas, NV 89119