USACM Liquidating Trust v. Placer County Land Speculators, LLC et al

Filing 795

ORDER Granting 759 Motion of Elli M.A. Mills, J.D., MBA for Sixth Interim Allowance of Receiver Fees and Reimbursement of Expenses. Signed by Judge Kent J. Dawson on 3/26/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:08-cv-01276-KJD-RJJ Document 788 Filed 03/19/14 Page 1 of 2

4

PAUL J. PASCUZZI, CA State Bar No. 148810
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1750
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

5

Attorneys for Elli M. A. Mills, J.D., MBA, Receiver

1
2
3

6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

USACM LIQUIDATING TRUST,
Plaintiff,

11

v.

12
13
14

Civil Action No. 2:08-cv-01276-KJD-RJJ

PLACER COUNTY LAND
SPECULATORS, LLC, aka PLACER
COUNTY LAND INVESTORS, LLC; et
al,

15

Date:
Time:
Judge:

March 18, 2014
9:00 a.m.
Hon. Kent J. Dawson

Defendants

16
ORDER APPROVING MOTION OF ELLI M. A. MILLS, J.D., MBA
FOR SIXTH INTERIM ALLOWANCE OF RECEIVER FEES
AND REIMBURSEMENT OF EXPENSES

17
18
19

Upon consideration of the Motion of Elli M. A. Mills, J.D., MBA for Fifth Interim

20

Allowance of Receiver Fees and Reimbursement of Expenses [Docket No. 759], after a hearing

21

on proper notice, the Court having considered the motion and arguments, and good cause

22

appearing,

23

IT IS ORDERED that:

24

1.

The Motion is granted;

25

2.

The Receiver’s fees in the sum of $71,076.24 and expenses in the sum of

26

$6,311.50, incurred during the period extending from January 1, 2013, through and including

27

December 31, 2013, are approved on an interim basis as fair, reasonable, and necessary to the

28

estate;
-1-

ORDER APPROVING 6TH INTERIM
FEE MOTION OF RECEIVER

Case 2:08-cv-01276-KJD-RJJ Document 788 Filed 03/19/14 Page 2 of 2

1

3.

Authorizing the Receiver to pay the 20% holdback of fees for the period of

2

January 1, 2013, through November, 2013, in the amount of $12,860.30, plus 100% his fees and

3

expenses for the month of December in the amount of $7,298.62 for a total of $20,158.92;

4
5
6

4.

The cap on the Receiver’s fees in paragraph 13 of the Order Appointing Receiver

(Docket No. 428) is modified to the extent necessary to approve the Receiver’s 2013 fees; and
5.

For the reasons stated on the record, the Court overrules the objection to the

7

Motion raised in open Court that any time spent on sale efforts should not be included in the

8

Receiver’s hourly compensation, which ruling shall be applicable to this Motion and any future

9

fee requests by the Receiver pursuant to paragraph 13 of the Order Appointing Receiver.

10
11
12

March 26
Dated: __________________, 2014

________________________________
UNITED STATES DISTRICT JUDGE
District of Nevada

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

ORDER APPROVING 6TH INTERIM
FEE MOTION OF RECEIVER