Federal Trade Commission v. Johnson et al

Filing 2014

ORDER granting ECF No. #2009 Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from 7/1/2016 through 12/31/2016, and Granting Relief from LR 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 4/18/2017. (Copies have been distributed pursuant to the NEF - KR)

1 BART K. LARSEN (Nev. SBN 008538)
[e-mail]
2 SHLOMO S. SHERMAN (Nev. SBN 009688)
[e-mail]
3 KOLESAR & LEATHAM, CHTD.
400 South Rampart Boulevard, Suite 400
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Direct: [phone]
Facsimile: [phone]
6
GARY OWEN CARIS (CA SBN 088918)
7 [e-mail]
LESLEY ANNE HAWES (CA SBN 117101)
8 [e-mail]
DIAMOND McCARTHY LLP
9 1999 Avenue of the Stars, Suite 1100
Los Angeles, CA 90067
10 Telephone: [phone]
Facsimile: [phone]
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12 Attorneys for Receiver
ROBB EVANS OF ROBB EVANS &
13 ASSOCIATES LLC
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,

Case No. 2:10-CV-02203-MMD-GWF

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Plaintiff,
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ORDER GRANTING MOTION FOR
ORDER (1) APPROVING AND
AUTHORIZING PAYMENT OF
RECEIVER’S AND PROFESSIONALS’
FEES AND EXPENSES FROM JULY 1,
2016 THROUGH DECEMBER 31, 2016;
AND (2) GRANTING RELIEF FROM
LOCAL RULE 66-5 PERTAINING TO
NOTICE TO CREDITORS

v.
20
JEREMY JOHNSON, individually, as officer
21 of Defendants I Works, Inc., etc., et al.,
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Defendants.

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The Motion for Order (1) Approving and Authorizing Payment of Receiver's and

26 Professionals' Fees and Expenses from July 1, 2016 Through December 31, 2016; and (2)
27 Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors ("Fee Motion") filed by
28 Robb Evans of Robb Evans & Associates LLC (“Receiver”), the Receiver pursuant to the Court’s

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1 Preliminary Injunction Order issued February 10, 2011, came on regularly before this Court for
2 determination. The Court, having reviewed and considered the Fee Motion and all pleadings and
3 papers filed in support thereof, and responses, if any, filed to the Fee Motion, and good cause
4 appearing therefor,
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IT IS ORDERED that:

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1.

The Fee Motion and all relief sought therein is granted;

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2.

Without limiting the generality of the foregoing:

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A.

The fees of the Receiver, the Receiver’s deputies, agents, and staff incurred for the

9 six-month period from July 1, 2016 through December 31, 2016 (“Expense Period”) in the sum of
10 $47,231.99 and Receiver’s expenses in the sum of $9,329.72 incurred for the Expense Period for a
11 total sum of $56,561.71 are hereby approved and authorized to be paid from receivership assets;
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B.

The Receiver’s legal fees of $71,101.00 and expenses of $2,843.81 incurred to the

13 Receiver’s lead counsel Diamond McCarthy LLP for the Expense Period for a total sum of
14 $73,944.81 are hereby approved and authorized to be paid from receivership assets;
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C.

The Receiver's legal expenses of $194.92 incurred to the Receiver’s counsel

16 Kolesar & Leatham, Chtd. for the Expense Period are hereby approved and authorized to be paid
17 from receivership assets;
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D.

The Receiver's legal fees of $3,633.75 and expenses of $161.44 for a total sum of

19 $3,795.19 incurred to the Receiver’s special real estate foreclosure counsel, Hatch, James &
20 Dodge, A Professional Corporation, for the Expense Period are hereby approved and authorized to
21 be paid from receivership assets;
22

E.

The Receiver’s legal fees in the amount of $1,743.50 for the services of the

23 Receiver’s special real estate title counsel, Nelson Christensen Hollingworth & Williams, P.C.
24 (“Nelson Firm”) are hereby approved and authorized to be paid from receivership assets; and
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F.

Notice of the Fee Motion is hereby deemed sufficient based on the service of the

2 notice of the filing of the Fee Motion and the Fee Motion on all parties and service of the notice of
3 the filing of the Fee Motion on all known non-consumer creditors of the estate.
4
5 Dated:
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April 18, 2017

MIRANDA M. DU
United States District Court Judge

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