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. 22 ) ) 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 19 Court as follows: 20 1. 21 which appointed Lawrence J. Warfield as Receiver of Ronald Stephen Holt, International 22 Funding Association and the Relief Defendants ("Receivership Order"). 23
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On September 18, 2003, this Court entered its Order Appointing Receiver,

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Guttilla Murphy Anderson, P.C.

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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Guttilla Murphy Anderson, P.C.

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. During the 17 month period from October 1, 2004 through December 31,

2005 the Receiver, and his accounting firm, his legal counsel, and his investigator were involved in further contempt hearings for Ron Holt and the investigation of Ron Holt's contempt issues, including his assertions that he did not know the location of the remaining investor funds. During this period additional bank records were subpoenaed and analyzed; various leads and real property interests were investigated; the Leonora Street property and certain personal property of the estate was marketed and sold; the Receiver filed accountings and other petitions with the Court; and investigated, identified, and recovered gifts made by Ron Holt with investor funds. 7. The Receiver has submitted an itemized statement for services rendered to

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

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this Receivership by the Receiver and his firm, Warfield & Company, and for reimbursable costs incurred or paid during the period from October 1, 2004 through December 31, 2005. The total amount requested for payment by the Receiver and his firm is $70,877.14. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets. 8. The law firm of Guttilla Murphy Anderson, P.C., has submitted an itemized

statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from October 1, 2004 through December 31, 2005. The total amount requested for payment by the law firm of Guttilla Murphy Anderson, P.C. is
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Guttilla Murphy Anderson, P.C.

$36,988.45. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. 9. The investigations firm of A & A Investigations, LLC, has submitted an

itemized statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from October 1, 2004 through February 28, 2005. The total amount requested for payment by the investigations firm of A & A Investigations, LLC is $1,252.75. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. 10. In accordance with the Receivership Order, the Receiver has consulted with

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

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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 $70,877.14 to Warfield & Company, for services rendered

and costs incurred or paid during the period October 1, 2004 through December 31, 2005; 2. The amount of $36,988.45 to Guttilla Murphy Anderson, P.C., for services

rendered and costs incurred or paid during the period October 1, 2004 through December 31, 2005; and 3. The amount of $1,252.75 to A & A Investigations, LLC, for services

rendered and costs incurred or paid during the period October 1, 2004 through February 28, 2005. ... ...
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Guttilla Murphy Anderson, P.C.

Respectfully submitted this 12th day of July, 2007. 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 12th day of July, 2007, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and 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.

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

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s/Patrick M. Murphy Patrick M. Murphy

0835-001(59096)

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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. April 9, 2007)

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 Marshall M. Gandy Securities and Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, TX 76102 Registered CM/ECF: [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

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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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