Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Guttilla Murphy Anderson, P.C.

Guttilla Murphy Anderson, P.C.
Ariz. Firm No. 00133300

Patrick M. Murphy (Ariz. No. 002964)
4150 West Northern Avenue Phoenix, Arizona 85051 Email: [email protected] Phone: (623) 937-2795 Fax: (623) 937-6897

Attorneys for the Receiver IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Securities and Exchange Commission, Plaintiff, vs. Ronald Stephen Holt; and International Funding Association, Defendants, and Annette Holt; American Assets Limited Trust; Leonora Street Trust; Dover Childrens Trust; Clarendon Avenue Holding Trust; Dublin Holding Trust; Jeffery Williams (aka Jeffrey Williams); Mari Ann Alston; Pacific Central Asset Management; and American Benefit Card Services, Inc. Defendants Solely for Purposes of Equitable Relief. ) ) Cause No. CV 03-1825 PHX PGR ) ) ) PETITION NO. 29 ) ) PETITION FOR ORDER APPROVING ) FEES AND COSTS INCURRED BY THE ) RECEIVER, GUTTILLA MURPHY ) ANDERSON, P.C., AND A & A ) INVESTIGATIONS, LLC ) ) ) ) ) ) ) ) ) ) ) ) ) )

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

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Lawrence J. Warfield, as the court appointed Receiver, respectfully petitions the Court as follows: 1. On September 18, 2003, this Court entered its Order Appointing Receiver,

which appointed Lawrence J. Warfield as Receiver of Ronald Stephen Holt, International Funding Association and the Relief Defendants ("Receivership Order").
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2.

Pursuant to Order Re Petition No. 1 the Court approved the Receiver's

compensation at $150.00 per hour and approved the engagement of the Receiver's firm, Warfield & Company, to provide accounting and other support services to this Receivership at specified hourly rates together with all reasonable costs and expenses incurred on behalf of this Receivership. All services provided by the Receiver and his firm are payable, upon Court approval, to the Receiver's firm, Warfield & Company. 3. Pursuant to the Court's Order Re: Petition No. 1, the Receiver has engaged

the services of the law firm of Guttilla Murphy Anderson, P.C., of Phoenix, Arizona, and the Receiver has agreed to pay the law firm compensation at agreed hourly rates for the services of the firm together with all reasonable costs and expenses incurred on behalf of the Receiver. 4. Pursuant to the Court's Receivership Order, the Receiver has engaged the

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

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services of the investigations firm of A & A Investigations, LLC, of Scottsdale, Arizona, and the Receiver has agreed to pay the investigations firm compensation at agreed hourly rates for the services of the firm together with all reasonable costs and expenses incurred on behalf of the Receiver. 5. Pursuant to the Court's Order Re: Petition No. 2, the Receiver is authorized

to file this pay petition without including as exhibits the itemized statements of services rendered to, and costs incurred or expended on behalf of the Receivership, provided that pay petition includes a statement that anyone desiring additional information concerning the services and costs to be paid under the pay petition may obtain redacted information from the Receiver by delivering to the Receiver and the Receiver's counsel, Guttilla Murphy Anderson, P.C., a written request specifying the additional information requested
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within five (5) days of the filing of the pay petition. The Court's Order Re: Petition No. 2 further provides that upon request of the Court, the Receiver shall make available for in camera review by the Court, the itemized statements and supporting documentation for the services and costs to be paid under the pay petition. 6. The Receiver has submitted an itemized statement for services rendered to

this Receivership by the Receiver and by his accounting firm, Warfield & Company, and for reimbursable costs incurred or paid during the period from January 1, 2006 through December 31, 2007. The total amount requested for payment by the Receiver and his firm is $39,495.39. Breakdowns of these fees and costs by month for both the Receiver and Warfield & Company are attached as Exhibits "A" and "B". During this two year period the Receiver and his accounting firm handled a variety of matters concerning this receivership including continuing to meet with Ron Holt in an effort to resolve his contempt issues and to attempt to account for and identify whether there were additional assets available for recovery; preparing for filing with the Court and delivery to the parties periodic accountings of the receivership financial activity; communicate with investor victims and the parties; and investigating the identity and whereabouts of possible receivership assets. The Receiver believes that the amounts requested by the Receiver and Warfield & Company are reasonable and should be paid from the Receivership Assets. 7. The law firm of Guttilla Murphy Anderson, P.C., has submitted an itemized

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

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statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from January 1, 2006 through December 31, 2007. The total amount requested for payment by the law firm of Guttilla Murphy Anderson, P.C. is
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$50,198.68. A breakdown of these fees and costs by month is attached as Exhibit "C". The Receiver has reviewed the detailed invoices for these fees and costs and believes that the amounts requested are reasonable and should be paid from the Receivership Assets. During this two year period the Receiver's counsel dealt with the continuing contempt issues regarding Defendant Ron Holt, including motions and hearings seeking to release Holt from confinement and purge his contempt, filing a petition for 2004 and 2005 fees incurred by the Receiver and his attorneys and investigator, filing petitions for approval of the Receiver's periodic accountings, filing and litigating petition number 24 regarding the real property located at 10620 N. 84th Street, Scottsdale, Arizona, settling claims between the Receiver and Annette Holt regarding certain property, filing petitions for the sale of property, filing and litigating petition number 13 seeking the turnover of a legal retainer held by Defendant Holt's former counsel, Burton Bentley, and providing various other legal services and legal advice to the Receiver. 8. The investigations firm of A & A Investigations, LLC, has submitted an

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

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itemized statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from February 1, 2006 through February 28, 2007. The total amount requested for payment by A & A Investigations, LLC is $5,547.46. A breakdown of these fees and costs by month is attached as Exhibit "D". The Receiver has reviewed the detailed invoices for these fees and costs and believes that the amounts requested are reasonable and should be paid from the Receivership Assets. During this one year period the Receiver's investigator performed various investigative services for the Receiver and his legal counsel. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets.
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9.

In accordance with the Receivership Order, the Receiver has consulted with

the Securities and Exchange Commission concerning this fee application and the Commission has no objection to same. WHEREFORE, the Receiver respectfully requests that the Court enter an order authorizing the Receiver to pay from Receivership Assets: 1. The amount of $39,495.39 to Warfield & Company, for services rendered

and costs incurred or paid during the period January 1, 2006 through December 31, 2007; 2. The amount of $50,198.68 to Guttilla Murphy Anderson, P.C., for services

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

rendered and costs incurred or paid during the period January 1, 2006 through December 31, 2007. and 3. The amount of $5,547.46 to A & A Investigations, LLC, for services

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rendered and costs incurred or paid during the period February 1, 2006 through February 28, 2007. Respectfully submitted this 16th day of April, 2008. GUTTILLA MURPHY ANDERSON, P.C.

s/Patrick M. Murphy Patrick M. Murphy Attorneys for the Receiver

PROOF OF SERVICE This is to certify that on this 16th day of April, 2008, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and
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transmittal of a Notice of Electronic Filing to the CM/ECF registrants on the attached Master Service List; and that the persons on the attached Master Service List who are not registered participants of the CM/ECF System have been served with a copy of the foregoing document by first class mail this date.

s/Patrick M. Murphy Patrick M. Murphy

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

0835-001(71978)

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MASTER SERVICE LIST
SEC v. Ronald Stephen Holt, et al. United States District Court for the District of Arizona CV 03-1825 PHX FJM
(Rev. March 27, 2008)

Lawrence J. Warfield International Funding 14555 North Scottsdale Road, #340 Scottsdale, AZ 85254 Receiver Patrick M. Murphy Guttilla Murphy Anderson, P.C. 4150 West Northern Avenue Phoenix, Arizona 85051 Registered CM/ECF: [email protected] Counsel for Receiver Timothy McCole Securities and Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, TX 76102 [email protected] Counsel for SEC Merwin D. Grant Grant & Vaughn, P.C. 6225 North 24th Street Suite 125 Phoenix, Arizona 85016 Registered CM/ECF: [email protected] Attorney for Relief Defendant Annette Holt

Ronald Stephen Holt and International Funding Association, Leonora Street Trust, Dover Children's Trust, Clarendon Avenue Holding Trust Dublin Holding Trust, Pacific Central Asset Management, American Benefit Card Services, Inc. Ronald Stephen Holt Central Arizona Detention Center Detainee Ronald Holt 82642008 1155 N. Pinal Parkway Florence, Arizona 85232 Robert L. Stanford Jeffery Williams aka Jeffrey Williams 8415 W. Alex Avenue Peoria, Arizona 85382. Relief Defendant American Assets Limited Trust c/o Registered Agent Michael Bloomquist 4410 W. Union Hills #7-233 Glendale, Arizona 85308 Relief Defendant Mari Ann Alston 305 Nordina Street Redlands, California 92373 Relief Defendant

Case 2:03-cv-01825-PGR

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James Vaughn 100 South Antietam Place Tucson, Arizona 85710 Suzanne Ingold Burch & Cracchiolo, P.A. 702 E. Osborn Rd. #200 P.O. Box 16882 Phoenix, Arizona 85014-5281 Timothy J. Mulreany Commodity Futures Trading Commission Division of Enforcement 1155 21st Street, N.W. Washington, D.C. 20581 Thomas M. Connelly 2425 East Camelback Rd. Suite 880 Phoenix, Arizona 85016-4208 Michael S. Reeves Attorney at Law 1212 E. Osborn Phoenix, AZ 85014-5533 Registered CM/ECF: [email protected] Attorney for Defendant Ronald S. Holt

0835-001(19488)

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