Federal Trade Commission v. Johnson et al

Filing 2036

ORDER granting ECF No. #2033 Proposed Order Submission. Signed by Judge Miranda M. Du on 11/21/2017. (Copies have been distributed pursuant to the NEF - LH)

1 BART K. LARSEN (Nev. SBN 008538)
[e-mail]
2 SCOTT D. FLEMING (Nev. SBN 005638)
[e-mail]
3 KOLESAR & LEATHAM, CHTD.
400 South Rampart Boulevard, Suite 400
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Direct: [phone]
Facsimile: [phone]
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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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[PROPOSED] ORDER GRANTING
MOTION FOR ORDER (1) APPROVING
AND AUTHORIZING PAYMENT OF
RECEIVER’S AND PROFESSIONALS’
FEES AND EXPENSES FROM JANUARY
1, 2017 THROUGH JULY 31, 2017;
AND (2) GRANTING RELIEF FROM
LOCAL RULE 66-5 PERTAINING TO
NOTICE TO CREDITORS

v.
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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 January 1, 2017 Through July 31, 2017; and (2) Granting
27 Relief from Local Rule 66-5 Pertaining to Notice to Creditors ("Fee Motion") filed by Robb Evans
28 of Robb Evans & Associates LLC (“Receiver”), the Receiver pursuant to the Court’s Preliminary

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

8 seven-month period from January 1, 2017 through July 31, 2017 (“Expense Period”) in the sum of
9 $45,917.50 and Receiver’s expenses in the sum of $4,627.70 incurred for the Expense Period for a
10 total sum of $50,545.20 are hereby approved and authorized to be paid from receivership assets;
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B.

The Receiver’s legal fees of $78,588.90 and expenses of $369.10 incurred to the

12 Receiver’s lead counsel Diamond McCarthy LLP for the Expense Period for a total sum of
13 $78,958.00 are hereby approved and authorized to be paid from receivership assets;
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C.

The Receiver's legal fees of $375.00 and expenses of $4,828,82 incurred to the

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

The Receiver's legal fees of $7,408.75 and expenses of $504.67 for a total sum of

18 $7,913.42 incurred to the Receiver’s special real estate foreclosure counsel, Hatch, James &
19 Dodge, A Professional Corporation, for the Expense Period are hereby approved and authorized to
20 be paid from receivership assets;
21

E.

The Receiver’s legal fees in the amount of $1,583.00 and expenses of $38.06 for

22 the services of the Receiver’s special real estate title counsel, Nelson Christensen Hollingworth &
23 Williams, P.C. (“Nelson Firm”) are hereby approved and authorized to be paid from receivership
24 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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November 21, 2017

MIRANDA M. DU
United States District Court Judge

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