Federal Trade Commission v. Infusion Media, Inc. et al

Filing 123

ORDER Granting 120 Motion for Authorization to Pay Fees, Costs, and Receivership Claims. The Declaration and Report is accepted and approved. Signed by Judge Gloria M. Navarro on 6/27/12. (Copies have been distributed pursuant to the NEF - EDS)

4

JONATHON T. TICHY (8692)
PRINCE YEATES & GELDZAHLER, P.C.
175 East 400 South, Suite 900
Salt Lake City, Utah 84111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5

Attorneys for Receiver

1
2
3

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

FEDERAL TRADE COMMISSION,
Plaintiff,

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

v.
INFUSION MEDIA, INC.,
a corporation, also
d/b/a Google Money Tree,
Google Pro,
Internet Income Pro, and
Google Treasure Chest;
WEST COAST INTERNET MEDIA,
INC.,
a corporation, also
d/b/a Google Money Tree,
Google Pro,
Internet Income Pro, and
Google Treasure Chest;
TWO WARNINGS, LLC,
a limited liability company;
TWO PART INVESTMENTS, LLC,
a limited liability company,
PLATINUM TELESERVICES, INC.,
a corporation;
JONATHAN EBORN,
Individually and as an officer of
Infusion Media, Inc.,
Two Warnings, LLC,
Two Part Investments, LLC, and
West Coast Internet Media, Inc.;

Case No. 2:09-cv-01112-GMN-LRL
ORDER: (1) ACCEPTING AND
APPROVING THE RECEIVER’S
DECLARATION AND REPORT AND
(2) AUTHORIZING PAYMENT OF
FEES, COSTS, AND RECEIVERSHIP
CLAIMS

Judge: Gloria M. Navarro
[Submitted Electronically]

1
2
3
4
5
6
7
8
9

STEPHANIE BURNSIDE
Individually and as an officer of
Two Warnings, LLC,
Two Part Investments, LLC, and
West Coast Internet Media, Inc.;
MICHAEL McLAIN MILLER,
Individually and as an officer of
Infusion Media, Inc.,
Two Warnings, LLC, and
Two Part Investments, LLC; and
TONY NORTON,
Individually and as an officer of
Platinum Teleservices, Inc.,

10

Defendants .
11
12
13

This matter came before the Court on the Receiver’s Declaration and Report and
Motion for Authorization to Pay Fees, Costs, and Receivership Claims filed June __,
14,

14
15

2012 (the “Declaration and Report”). In the Declaration and Report, Robert G. Wing,

16

the duly-appointed Receiver of the business entity Defendants in this action, seeks entry

17

of an order: (1) approving the Declaration and Report; (2) authorizing payment from the

18

Receivership account of $19,926.11 to the Receiver and Prince, Yeates & Geldzahler

19
20

(“Prince Yeates”) and $6,330.51 to Rocky Mountain Advisory, LLC (“Rocky

21

Mountain”), for services rendered and costs incurred from August 16, 2011 through May

22

31, 2012; and (3) authorizing payment from the Receivership account of $1,422.00 to the

23

Wage Claim Unit of the Utah Labor Division.

24
25
26

Having reviewed the Declaration and Report and the invoices of Prince Yeates
and Rocky Mountain attached thereto, and determining that notice of the Declaration and

27
28

-2-

&DVH FY*01 9&) 'RFXPHQW 

1
2

)LOHG  3DJH  RI 

Report and this proposed Order were timely and properly served, that the fees and costs
of the Receiver, Prince Yeates, and Rocky Mountain, were reasonably and necessarily

3
4
5
6
7

incurred for the benefit of the receivership estate, that the wage claims identified in the
Declaration and Report are valid, and for other good cause appearing, it is hereby
ORDERED that:
A.

The Declaration and Report is accepted and approved.

B.

Pursuant to paragraph C of the Court’s Order: (1) Accepting and

8
9
10

Approving the Receiver’s Final Declaration and Report; (2) Authorizing Transfer of

11

Receivership Funds; and (3) Authorizing Payment of Fees and Costs, the Receiver may

12

pay, from the Receivership account:

13

1.

14

$19,926.11 to the Receiver and Prince, Yeates & Geldzahler for

15

services rendered and costs incurred from August 16, 2011, through May 31,

16

2012; and

17

2.

$6,330.51 to Rocky Mountain Advisory, for services rendered and

18
19
20

costs incurred from August 16, 2011, through May 31, 2012.
C.

The Receiver may also pay, from the Receivership account, $1,422.00 to

21

the Wage Claim Unit of the Utah Labor Division to satisfy claim nos. 10-00166, 10-

22

00173, 10-00185, and 10-00198.

23
24

DATED this 27th day of June, 2012.
ne,

25

27

________________________________
___________________
_
Gloria M. Navarro
Gloria M.
United States District Ju
Judge
United

28

-3-

26

&DVH FY*01 9&) 'RFXPHQW 

)LOHG  3DJH  RI 

1

CERTIFICATE OF SERVICE

2

I hereby certify that on the 14th day of June, 2012, I electronically filed the

3

foregoing with the Clerk of the Court using the CM/ECF System, which sent a Notice of

4
5
6

Electronic Filing to all parties whose names appear on the electronic mail notice list for
this case.

7
8
9
10

I further certify that on 14th day of June, 2012, I also caused a true and correct
copy of the foregoing to be delivered by email and by First-Class Mail, postage prepaid,
to each of the following:

11
12
13
14
15
16
17
18
19
20

Daniel O. Hanks
Kathleen Benway
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
[e-mail]
[e-mail]
Matthew R. Lewis
David Z. Wiseman
Ray Quinney & Nebeker
36 S State St Ste 1400
Salt Lake City, Utah 84111
[e-mail]
[e-mail]
____________

21
22
23
24
25
26
27
28

-5-4-

&DVH FY*01 9&) 'RFXPHQW 

CLERK=S CERTIFICATE
=

1
2
3

)LOHG  3DJH  RI 

The undersigned certifies that a copy of the foregoing Order was served on the
following persons by mail or electronic mail on the
day of June, 2012, addressed as
follows:

4
5
6
7

Daniel O. Hanks
Kathleen Benway
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
[e-mail]
[e-mail]

8
9
10
11

Matthew R. Lewis
David Z. Wiseman
Ray Quinney & Nebeker
36 S State St Ste 1400
Salt Lake City, Utah 84111
[e-mail]
[e-mail]

12
13
14

Robert G. Wing
Prince Yeates & Geldzahler, P.C.
175 East 400 South, Suite 900
Salt Lake City, Utah 84111
[e-mail]

15
16

_____________________________________
17
18
19
20
21
22
23
24
25
26
27
28

-6-5-