Federal Trade Commission v. Grant Connect, LLC et al
Filing
407
ORDER Granting 402 Motion for (1) Approving Receivers Supplemental Final Report And Accounting Set Forth Therein; (2) Approving Supplemental Fee Request And Authorizing Payment Of Receivers And Counsels Fees And Expenses; (3) Discharging Receiver And Exonerating Its Bond; And (4) For Related Relief Signed by Judge Philip M. Pro on 11/1/2012. (Copies have been distributed pursuant to the NEF - SLR)
Case 2:09-cv-01349-PMP -RJJ Document 404
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Filed 10/31/12 Page 1 of 7
RANDOLPH L. HOWARD (Nev. SBN 006688)
rhoward@klnevada.com
KOLESAR & LEATHAM, CHTD.
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: (702) 362-7800
Direct:
(702) 889-7752
Facsimile: (702) 362-9472
GARY OWEN CARIS (Cal. SBN 088918)
gcaris@mckennalong.com
LESLEY ANNE HAWES (Cal. SBN 117101)
lhawes@mckennalong.com
MCKENNA LONG & ALDRIDGE LLP
300 South Grand Avenue, 14th Floor
Los Angeles, CA 90071-3124
Telephone: (213) 688-1000
Facsimile: (213) 243-6330
Attorneys for ROBB EVANS & ASSOCIATES
LLC as Receiver
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,
Plaintiff,
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v.
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GRANT CONNECT, LLC; et al.,
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Defendants.
CASE NO. 2:09-CV-01349-PMP-RJJ
[PROPOSED] ORDER: (1)
APPROVING RECEIVER’S
SUPPLEMENTAL FINAL REPORT
SET FORTH HEREIN AND FINAL
ACCOUNTING; (2) APPROVING
SUPPLEMENTAL FEE REQUEST
AND AUTHORIZING PAYMENT
OF RECEIVER’S AND COUNSEL’S
FEES AND EXPENSES [JANUARY
1, 2012 THROUGH CONCLUSION
OF WIND UP]; (3) DISCHARGING
RECEIVER AND EXONERATING
ITS BOND; AND (4) FOR RELATED
RELIEF
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The Motion for Order: (1) Approving Receiver’s Supplemental Final Report
Set Forth Herein and Final Accounting; (2) Approving Supplemental Fee Request
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-1LA:17991058.1
Case 2:09-cv-01349-PMP -RJJ Document 404
Filed 10/31/12 Page 2 of 7
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and Authorizing Payment of Receiver’s and Counsel’s Fees and Expenses [January
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1, 2012 Through Conclusion of Wind Up]; (3) Discharging Receiver and
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Exonerating Its Bond; and (4) For Related Relief (“Final Wind Up Motion”) filed
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by Robb Evans & Associates LLC (“Receiver”), the Court-appointed Receiver for
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Global Gold Inc., Pink LP, Vantex Group LLC, Vertek Group, LLC, Grant
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Connect, LLC, Horizon Holdings, LLC and O’Connell Gray, LLC and their
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successors, assigns, affiliates or subsidiaries, came on regularly before the Court for
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determination. The Court having reviewed and considered the Final Wind Up
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Motion and all pleadings and papers filed in support thereof, and having reviewed
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and considered all responses or oppositions filed thereto, if any, and good cause
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appearing therefor,
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IT IS ORDERED that:
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1.
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granted;
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2.
Without limiting the generality of the foregoing:
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A.
The supplemental final report of the Receiver’s activities reflected in
The Final Wind Up Motion and all relief sought therein is hereby
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the Final Wind Up Motion, including the Receiver’s supplemental final accounting
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(“Final Accounting”) attached as Exhibit 1 to the Declaration of Brick Kane filed in
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support of the Final Wind Up Motion, the activities of the Receiver described
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therein, and all actions and activities taken by or on behalf of the Receiver and all
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payments made by the Receiver in connection with the administration of the
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receivership estate are hereby approved and confirmed;
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B.
All receivership administrative expenses, including the Receiver’s fees
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and expenses and those of its counsel incurred in connection with the receivership
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proceeding, including those previously paid to the Receiver and its counsel, and all
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actual unpaid administrative expenses and Receiver’s and counsel’s fees and
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expenses incurred from January 1, 2012 through the conclusion of this proceeding
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-2LA:17991058.1
Case 2:09-cv-01349-PMP -RJJ Document 404
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and the discharge of the Receiver, as reflected in the Final Wind Up Motion and the
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Final Accounting, including all Receiver’s and counsel’s fees and expenses actually
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incurred and unpaid from September 1, 2012 through the closing of the estate
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which are estimated in the Final Accounting, are hereby approved and authorized to
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be paid from the Hold Back funds held by the Receiver pursuant to the Court’s
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March 1, 2012 Order (Doc. No. 378);
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C.
The Receiver is authorized to turn over to plaintiff Federal Trade
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Commission (“FTC”) all funds remaining in the receivership estate from the Hold
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Back funds after payment of all administrative expenses, including payment of the
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Receiver and its counsel, after wind up of the estate, pursuant to Section XII.F. of
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the Order for Permanent Injunction filed October 25, 2011 (Doc. No. 346)
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(“Permanent Injunction”) and Section XV.F. of the Stipulated Final Judgment and
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Order for Permanent Injunction (Doc. No. 337) filed September 1, 2011 (“Vantex
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Final Judgment”);
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D.
The Receiver is authorized to abandon records of the Receivership
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Defendants and to destroy all records of the Receivership Defendants in the
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possession, custody or control of the Receiver, including without limitation all
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consumer records and files maintained by the Receivership Defendants that are in
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the possession, custody or control of the Receiver, if, within 30 days after service of
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written notice to the FTC, the FTC or other governmental agency does not request
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and take custody of such records and/or the computer equipment;
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E.
The Receiver, its agents, employees, members, officers, independent
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contractors, attorneys and representatives shall be: (a) discharged; (b) discharged
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and released from all claims and liabilities arising out of and/or pertaining to the
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receivership herein; and (c) relieved of all duties and responsibilities pertaining to
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the receivership previously established in this action effective upon the completion
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of the Receiver’s wind up of the estate, payment of administrative expenses, receipt
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-3LA:17991058.1
Case 2:09-cv-01349-PMP -RJJ Document 404
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of additional receivership funds from ePay Data as explained in the Final Wind Up
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Motion, and turnover of the remaining receivership funds to the FTC as provided
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herein;
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F.
The Receiver’s bond is exonerated effective upon the completion of
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the Receiver’s wind up of the estate, payment of administrative expenses receipt of
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additional receivership funds from ePay Data as explained in the Final Wind Up
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Motion, and turnover of the remaining receivership funds to the FTC as provided
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herein;
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G.
The Court hereby retains jurisdiction over this case and the
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receivership in order to address any disputes which may arise concerning the wind
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up of the receivership estate and the relief provided under the order on the Final
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Wind Up Motion; and
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H.
Limited notice of the Final Wind Up Motion and the supplemental
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final report and Final Accounting under Local Rule of Civil Practice 66-5 is hereby
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approved, notice and service of the Final Wind Up Motion is hereby deemed
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sufficient by service of the Final Wind Up Motion on the parties to this action, and
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the service of the notice of filing of the Final Wind Up Motion on the known non-
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consumer, vendor and other similar creditors of the Receivership Defendants but
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not on the potential consumer creditors, and the posting of a copy of the Final Wind
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Up Motion, exclusive of voluminous time records, is posted on the Receiver’s web
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site for the case.
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Dated: November 1, 2012
__________________________________
HON. PHILIP M. PRO
UNITED STATES DISTRICT COURT JUDGE
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-4LA:17991058.1
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CERTIFICATE OF SERVICE
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I am a citizen of the United States and employed in Los Angeles County,
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California. I am over the age of eighteen years and not a party to the within-entitled
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action. My business address is 300 South Grand Avenue, 14th Floor, Los Angeles,
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CA 90071.
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On October 31, 2012, I served the [PROPOSED] ORDER: (1)
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APPROVING RECEIVER’S SUPPLEMENTAL FINAL REPORT SET
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FORTH HEREIN AND FINAL ACCOUNTING; (2) APPROVING
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SUPPLEMENTAL FEE REQUEST AND AUTHORIZING PAYMENT OF
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RECEIVER’S AND COUNSEL’S FEES AND EXPENSES [JANUARY 1,
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2012 THROUGH CONCLUSION OF WIND UP]; (3) DISCHARGING
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RECEIVER AND EXONERATING ITS BOND; AND (4) FOR RELATED
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RELIEF upon the parties and/or counsel listed and by the methods indicated on the
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attached Service List.
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I declare upon the penalty of perjury that the foregoing is true and correct,
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and that I am employed in the office of a member of the bar of this Court at whose
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direction the service was made. Executed on October 31, 2012 at Los Angeles,
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California.
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/s/ Christina Berzaman
Christina Berzaman
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
LA:17991058.1
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SERVICE LIST
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The following CM/ECF participants were served by electronic means on
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October 31, 2012:
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Blaine T. Welsh
Blaine.Welsh@usdoj.gov, Eunice.jones@usdoj.gov,
sue.knight@usdoj.gov
Dean Y. Kajioka
kajiokalaw@gmail.com
Douglass A. Mitchell
dmitchell@bsfllp.com, swisniewski@bsfllp.com
Gary Owen Caris
gcaris@mckennalong.com, lhawes@mckennalong.com.
pcoates@mckennalong.com
Lesley Anne Hawes
lhawes@mckennalong.com. gcaris@mckennalong.com,
pcoates@mckennalong.com
Randolph L. Howard
rhoward@klnevada.com, ckishi@klnevada.com,
usdistrict@klnevada.com
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Roberto Anguizola
ranguizola@ftc.gov, ranguizola@me.com
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Tracey Thomas
tthomas@ftc.gov
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Robin E. Perkins
rperkins@dixontruman.com
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Jason J. Bach
jbach@bachlawfirm.com, ccross@bachlawfirm.com,
mmascarello@bachlawfirm.com,
Sandra.herbstreit@bachlawfirm.com
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Ruthanne M. Deutsch
rdeutsch@ftc.gov
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Dotan Weinman
dweinman@ftc.gov
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Steven T. Gubner
ecf@ebg-law.com, sgubner@ebg-law.com
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Kevin Hahn
kevin@mclaw.org
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The following non-CM/ECF participant was served by electronic mail on
October 31, 2012:
Tasha Jn Paul – writetasha@yahoo.com
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M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-2LA:17991058.1
Case 2:09-cv-01349-PMP -RJJ Document 404
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The following non-CM/ECF participants were served by first-class mail,
postage prepaid on October 31, 2012:
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Rachel A. Cook
9329 Colorful Rainbow
Las Vegas, NV 89166
Kyle Kimoto
Reg. No. 07791-025
FCI Beaumont Medium
Federal Correctional Institution
P.O. Box 26040
Beaumont, TX 77720
James J. Gray
281 Stafford Way
Rochester, NY 14626
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Randy D. O’Connell
467 Vancouver Court
Reno, NV 89511
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David Willcox, Revenue Officer
Nevada Department of Taxation
Attn: Bankruptcy Section
555 E Washington Ave #1300
Las Vegas, NV 89101
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The following non-CM/ECF participant was served by first-class mail,
postage prepaid, and electronic mail, on October 31, 2012:
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Michael L. Henriksen, Jr.
5916 Wildhorse Lodge Avenue
Las Vegas, NV 89131-8977
E-mail: tikaharakore@gmail.com
M C K ENNA L ONG &
A LDRIDGE LLP
A T T ORNE YS A T L A W
L OS A NGEL E S
-3LA:17991058.1
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