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

1 2 3 4 5 6 7 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Guttilla & Murphy, PC
Firm No. 00133300 Patrick M. Murphy (No. 002964) 4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795 [email protected]

Attorneys for the Receiver

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Securities and Exchange Commission, Plaintiff, vs. U.S. Reservation Bank & Trust; Higher Investments Technologies, Inc.; GlobalLink Capital Markets, Ltd.; Edward J. Driving Hawk, Sr.; Leo R. Driving Hawk, Sr.; John M. Adams; Edmund J. Smedley; Kenneth S. Harrison; William J. Herisko; and Thomas T. Emerton, III; Defendants, and Oyate Development, Inc.; Oyate Enterprises, LLP; Oyate Trust; River Walk Development, LLC; HPHC, Inc.; Ringthunder Racing Stables, Inc.; James R. Driving Hawk; and Orpha Jane Johnston; Defendants Solely for Purposes of Equitable Relief. Lawrence J. Warfield, as the court appointed Receiver, respectfully petitions the Court as follows: 1. On April 3, 2002, this Court entered its Order Appointing Temporary ) ) Cause No. CIV 02-0581 PHX EHC ) ) ) PETITION NO. 87 ) ) PETITION FOR ORDER APPROVING ) FEES AND COSTS INCURRED BY THE ) RECEIVER, GUTTILLA & MURPHY, ) P.C. AND A & A INVESTIGATIONS, ) LLC ) ) ) ) ) ) ) ) ) ) ) )

10 11 12 13 14 15 16 17 18 19 20 21 22 23

Receiver, which appointed Lawrence J. Warfield as Receiver of all of the assets of U.S.
Case 2:02-cv-00581-EHC Document 632 Filed 11/02/2006 Page 1 of 7

1 2 3 4 5 6 7 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Reservation Bank & Trust; Higher Investments Technologies Inc.; HPHC, Inc.; Oyate Development, Inc.; Oyate Enterprises, LLP; Oyate Trust: Ringthunder Racing Stables Inc.; River Walk Development, LLC; Edmund J. Smedley; Orpha Jane Johnston; John M. Adams; Edward J. Driving Hawk, Sr.; Leo R. Driving Hawk, Sr.; and James R. Driving Hawk ("Receivership Order"). 2. Pursuant to Order Re Petition No. 1 the Court approved the Receiver's

compensation at $150.00 per hour. 3. Pursuant to Order Re Petition No. 8 the Court approved the engagement of

the Receiver's firm, Warfield and Company, CPA, 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 and Company, CPA. 4. Pursuant to the Court's Order Re: Petition No. 1, the Receiver has engaged

10 11 12 13 14 15 16 17 18 19 20 21 22 23

the services of the law firm of Guttilla & Murphy, 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. 5. Pursuant to the Court's Receivership Order, the Receiver has engaged the

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.
Case 2:02-cv-00581-EHC Document 632 2 Filed 11/02/2006 Page 2 of 7

1 2 3 4 5 6 7 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

6.

Pursuant to the Court's Order Re: Petition No. 2 and this Court's Order

dated December 27, 2002, 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 the 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, P.C., a written request specifying the additional information requested within five (5) days of the filing of the pay petition. However, consistent with the Court's Order dated August 30, 2004, the Receiver is filing with this Petition supporting documentation for the fees sought herein as Exhibits "A" through "D". Exhibit "A" is a schedule of fees paid to date and Exhibit "B" through "D" are copies of the invoices for which payment is sought herein. 7. The Receiver has submitted an itemized statement for services rendered to

10 11 12 13 14 15 16 17 18 19 20 21 22 23

this Receivership by the Receiver and his firm, Warfield & Company, and for reimbursable costs incurred or paid during the period from August 1, 2006 through August 31, 2006. The total amount requested for payment by the Receiver and his firm is $20,274.55. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets. A copy of these itemized statements are attached hereto and marked as Exhibit "B". 8. The law firm of Guttilla & Murphy, P.C., has submitted an itemized

statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from August 1, 2006 through August 31, 2006. The total amount requested for payment by the law firm of Guttilla & Murphy, P.C. is $6,107.06.
Case 2:02-cv-00581-EHC Document 632 3 Filed 11/02/2006 Page 3 of 7

1 2 3 4 5 6 7 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. A copy of this itemized statement is attached hereto and marked as Exhibit "C". 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 August 1, 2006 through August 31, 2006. The total amount requested for payment by the investigations firm of A & A Investigations, LLC is $127.50. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. A copy of this itemized statement is attached hereto and marked as Exhibit "D". 10. In accordance with the Receivership Order, the Receiver has consulted with

10 11 12 13 14 15 16 17 18 19 20 21 22 23

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 $20,274.55 to Warfield & Company, for services rendered

and costs incurred or paid during the period August 1, 2006 through August 31, 2006; 2. The amount of $6,107.06 to Guttilla & Murphy, P.C., for services rendered

and costs incurred or paid during the period August 1, 2006 through August 31, 2006. ... ...

Case 2:02-cv-00581-EHC

Document 632 4 Filed 11/02/2006

Page 4 of 7

1 2 3 4 5 6 7 8 9
Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

3.

The amount of $127.50 to A & A Investigations, LLC, for services

rendered and costs incurred or paid during the period August 1, 2006 through August 31, 2006. Respectfully submitted this 2nd day of November, 2006. GUTTILLA & MURPHY, PC

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

10 11 12 13 14 15 16 17 18 19 20 21 22 23
Case 2:02-cv-00581-EHC
0776-001(55706)

PROOF OF SERVICE This is to certify that on this 2nd day of November, 2006, 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.

s/Patrick M. Murphy Patrick M. Murphy

Document 632 5 Filed 11/02/2006

Page 5 of 7

MASTER SERVICE LIST
SEC v. U.S. Reservation Bank & Trust, et al. United States District Court for the District of Arizona Phoenix CIV 02-0581 PHX EHC
(Rev. October 27, 2006 )

Lawrence J. Warfield 14555 N. Scottsdale Road, #340 Scottsdale, AZ 85254 Receiver Patrick M. Murphy Guttilla & Murphy, PC 4150 West Northern Avenue Phoenix, Arizona 85051 Registered CM/ECF: [email protected] Counsel for Receiver Marshall Gandy Securities & Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, Texas 76102 Registered CM/ECF: [email protected] Counsel for the Plaintiff Leo Driving Hawk, Sr. 4575 East Campbell Court Higley, Arizona 85236 Defendant James R. Driving Hawk 1867 East Browning Place Chandler, Arizona 85249 Relief Defendant

Orpha Jane Johnston 4906 Overlook Drive Harrison, Ohio 45030 Relief Defendant Edmund J. Smedley 4906 Overlook Drive Harrison, Ohio 45030 Defendant Ron Brewer 127 Fred Road Lake Charles, Louisiana 70615 Attorney for Y2K Millenium, LLC. Edward Driving Hawk, Sr., and Oyate Enterprises, LLP Ringthunder Racing Stables, Inc. Oyate Trust River Walk Development, LLC U.S. Reservation Bank & Trust % Edward Driving Hawk, Sr. 2221 East Indian Wells Drive Chandler, Arizona 85249 Relief Defendants Oyate Development, Inc. % Leo R. Driving Hawk, Sr. 4575 East Campbell Court Higley, Arizona 85236 Relief Defendant

Case 2:02-cv-00581-EHC

Document 632

Filed 11/02/2006

Page 6 of 7

Ronald J. Herisko P.O. Box 2830 Palm Springs, California 92263 Attorney for Defendants Global-Link, William J. Herisko and Thomas T. Emerton Rex Reese Attorney At Law 1645 International Drive, Suite 9 Mclean, Virginia 22102 Registered CM/ECF: [email protected] Attorney for Defendants Higher Investments Technologies, Inc. and John M. Adams and Relief Defendant HPHC, Inc. Joseph Lee Matalon 450 Seventh Avenue, Suite 1409 New York, New York 10123 Attorney for Ann Palmer Charles J. Crozier P.O. Box 15322 Austin, Texas 78761-5322 Attorney for Defendant Kenneth S. Harrison Douglas C. Erickson Maynard Cronin Erickson Curran & Sparks, P.L.C. 1800 Great American Tower 3200 North Central Avenue Phoenix, Arizona 85012 Registered CM/ECF: [email protected] Attorneys for the Estate of Amanda Beck Elden Sorenson P.O. Box 265 Cheney, Washington 99004 Claimant

Gina M. Hattenbach, Esq. HATTENBACH LAW GROUP 2029 Century Park East, Ste 900 Los Angeles, CA 90067
0776-001 (12351)

Case 2:02-cv-00581-EHC

Document 632

Filed 11/02/2006

Page 7 of 7