-RJJ Federal Trade Commission v. Grant Connect, LLC et al, No. 2:2009cv01349 - Document 407 (D. Nev. 2012)
Court Description: 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)
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-RJJ Federal Trade Commission v. Grant Connect, LLC et al Doc. 407 Case 2:09-cv-01349-PMP -RJJ Document 404 1 2 3 4 5 6 7 8 9 10 11 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 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 FEDERAL TRADE COMMISSION, Plaintiff, 17 18 v. 19 GRANT CONNECT, LLC; et al., 20 21 22 23 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 24 25 26 27 The Motion for Order: (1) Approving Receiver’s Supplemental Final Report Set Forth Herein and Final Accounting; (2) Approving Supplemental Fee Request 28 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 Dockets.Justia.com Case 2:09-cv-01349-PMP -RJJ Document 404 Filed 10/31/12 Page 2 of 7 1 and Authorizing Payment of Receiver’s and Counsel’s Fees and Expenses [January 2 1, 2012 Through Conclusion of Wind Up]; (3) Discharging Receiver and 3 Exonerating Its Bond; and (4) For Related Relief (“Final Wind Up Motion”) filed 4 by Robb Evans & Associates LLC (“Receiver”), the Court-appointed Receiver for 5 Global Gold Inc., Pink LP, Vantex Group LLC, Vertek Group, LLC, Grant 6 Connect, LLC, Horizon Holdings, LLC and O’Connell Gray, LLC and their 7 successors, assigns, affiliates or subsidiaries, came on regularly before the Court for 8 determination. The Court having reviewed and considered the Final Wind Up 9 Motion and all pleadings and papers filed in support thereof, and having reviewed 10 and considered all responses or oppositions filed thereto, if any, and good cause 11 appearing therefor, 12 IT IS ORDERED that: 13 1. 14 granted; 15 2. Without limiting the generality of the foregoing: 16 A. The supplemental final report of the Receiver’s activities reflected in The Final Wind Up Motion and all relief sought therein is hereby 17 the Final Wind Up Motion, including the Receiver’s supplemental final accounting 18 (“Final Accounting”) attached as Exhibit 1 to the Declaration of Brick Kane filed in 19 support of the Final Wind Up Motion, the activities of the Receiver described 20 therein, and all actions and activities taken by or on behalf of the Receiver and all 21 payments made by the Receiver in connection with the administration of the 22 receivership estate are hereby approved and confirmed; 23 B. All receivership administrative expenses, including the Receiver’s fees 24 and expenses and those of its counsel incurred in connection with the receivership 25 proceeding, including those previously paid to the Receiver and its counsel, and all 26 actual unpaid administrative expenses and Receiver’s and counsel’s fees and 27 expenses incurred from January 1, 2012 through the conclusion of this proceeding 28 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 Filed 10/31/12 Page 3 of 7 1 and the discharge of the Receiver, as reflected in the Final Wind Up Motion and the 2 Final Accounting, including all Receiver’s and counsel’s fees and expenses actually 3 incurred and unpaid from September 1, 2012 through the closing of the estate 4 which are estimated in the Final Accounting, are hereby approved and authorized to 5 be paid from the Hold Back funds held by the Receiver pursuant to the Court’s 6 March 1, 2012 Order (Doc. No. 378); 7 C. The Receiver is authorized to turn over to plaintiff Federal Trade 8 Commission (“FTC”) all funds remaining in the receivership estate from the Hold 9 Back funds after payment of all administrative expenses, including payment of the 10 Receiver and its counsel, after wind up of the estate, pursuant to Section XII.F. of 11 the Order for Permanent Injunction filed October 25, 2011 (Doc. No. 346) 12 (“Permanent Injunction”) and Section XV.F. of the Stipulated Final Judgment and 13 Order for Permanent Injunction (Doc. No. 337) filed September 1, 2011 (“Vantex 14 Final Judgment”); 15 D. The Receiver is authorized to abandon records of the Receivership 16 Defendants and to destroy all records of the Receivership Defendants in the 17 possession, custody or control of the Receiver, including without limitation all 18 consumer records and files maintained by the Receivership Defendants that are in 19 the possession, custody or control of the Receiver, if, within 30 days after service of 20 written notice to the FTC, the FTC or other governmental agency does not request 21 and take custody of such records and/or the computer equipment; 22 E. The Receiver, its agents, employees, members, officers, independent 23 contractors, attorneys and representatives shall be: (a) discharged; (b) discharged 24 and released from all claims and liabilities arising out of and/or pertaining to the 25 receivership herein; and (c) relieved of all duties and responsibilities pertaining to 26 the receivership previously established in this action effective upon the completion 27 of the Receiver’s wind up of the estate, payment of administrative expenses, receipt 28 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 Filed 10/31/12 Page 4 of 7 1 of additional receivership funds from ePay Data as explained in the Final Wind Up 2 Motion, and turnover of the remaining receivership funds to the FTC as provided 3 herein; 4 F. The Receiver’s bond is exonerated effective upon the completion of 5 the Receiver’s wind up of the estate, payment of administrative expenses receipt of 6 additional receivership funds from ePay Data as explained in the Final Wind Up 7 Motion, and turnover of the remaining receivership funds to the FTC as provided 8 herein; 9 G. The Court hereby retains jurisdiction over this case and the 10 receivership in order to address any disputes which may arise concerning the wind 11 up of the receivership estate and the relief provided under the order on the Final 12 Wind Up Motion; and 13 H. Limited notice of the Final Wind Up Motion and the supplemental 14 final report and Final Accounting under Local Rule of Civil Practice 66-5 is hereby 15 approved, notice and service of the Final Wind Up Motion is hereby deemed 16 sufficient by service of the Final Wind Up Motion on the parties to this action, and 17 the service of the notice of filing of the Final Wind Up Motion on the known non- 18 consumer, vendor and other similar creditors of the Receivership Defendants but 19 not on the potential consumer creditors, and the posting of a copy of the Final Wind 20 Up Motion, exclusive of voluminous time records, is posted on the Receiver’s web 21 site for the case. 22 23 24 Dated: November 1, 2012 __________________________________ HON. PHILIP M. PRO UNITED STATES DISTRICT COURT JUDGE 25 26 27 28 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 Case 2:09-cv-01349-PMP -RJJ Document 404 Filed 10/31/12 Page 5 of 7 1 CERTIFICATE OF SERVICE 2 3 I am a citizen of the United States and employed in Los Angeles County, 4 California. I am over the age of eighteen years and not a party to the within-entitled 5 action. My business address is 300 South Grand Avenue, 14th Floor, Los Angeles, 6 CA 90071. 7 On October 31, 2012, I served the [PROPOSED] ORDER: (1) 8 APPROVING RECEIVER’S SUPPLEMENTAL FINAL REPORT SET 9 FORTH HEREIN AND FINAL ACCOUNTING; (2) APPROVING 10 SUPPLEMENTAL FEE REQUEST AND AUTHORIZING PAYMENT OF 11 RECEIVER’S AND COUNSEL’S FEES AND EXPENSES [JANUARY 1, 12 2012 THROUGH CONCLUSION OF WIND UP]; (3) DISCHARGING 13 RECEIVER AND EXONERATING ITS BOND; AND (4) FOR RELATED 14 RELIEF upon the parties and/or counsel listed and by the methods indicated on the 15 attached Service List. 16 I declare upon the penalty of perjury that the foregoing is true and correct, 17 and that I am employed in the office of a member of the bar of this Court at whose 18 direction the service was made. Executed on October 31, 2012 at Los Angeles, 19 California. 20 /s/ Christina Berzaman Christina Berzaman 21 22 23 24 25 26 27 28 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 Case 2:09-cv-01349-PMP -RJJ Document 404 Filed 10/31/12 Page 6 of 7 1 2 SERVICE LIST 3 The following CM/ECF participants were served by electronic means on 4 October 31, 2012: 5 6 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 14 Roberto Anguizola ranguizola@ftc.gov, ranguizola@me.com 15 Tracey Thomas tthomas@ftc.gov 16 Robin E. Perkins rperkins@dixontruman.com 17 Jason J. Bach jbach@bachlawfirm.com, ccross@bachlawfirm.com, mmascarello@bachlawfirm.com, Sandra.herbstreit@bachlawfirm.com 19 Ruthanne M. Deutsch rdeutsch@ftc.gov 20 Dotan Weinman dweinman@ftc.gov 21 Steven T. Gubner ecf@ebg-law.com, sgubner@ebg-law.com 22 Kevin Hahn kevin@mclaw.org 7 8 9 10 11 12 13 18 23 24 25 26 The following non-CM/ECF participant was served by electronic mail on October 31, 2012: Tasha Jn Paul – writetasha@yahoo.com 27 28 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 Filed 10/31/12 Page 7 of 7 1 2 3 The following non-CM/ECF participants were served by first-class mail, postage prepaid on October 31, 2012: 4 5 6 7 8 9 10 11 12 13 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 14 15 16 Randy D. O’Connell 467 Vancouver Court Reno, NV 89511 17 18 19 20 21 David Willcox, Revenue Officer Nevada Department of Taxation Attn: Bankruptcy Section 555 E Washington Ave #1300 Las Vegas, NV 89101 22 23 24 The following non-CM/ECF participant was served by first-class mail, postage prepaid, and electronic mail, on October 31, 2012: 25 26 27 28 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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