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

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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. 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. 20 ) ) PETITION FOR ORDER APPROVING ) FEES AND COSTS INCURRED BY THE ) RECEIVER; GUTTILLA & MURPHY, ) P.C. AND A & A INVESTIGATIONS, ) LLC ) ) ) ) ) ) ) ) ) ) ) )

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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 (AReceivership Order@).
Case 2:03-cv-01825-PGR Document 266 Filed 10/14/2005 Page 1 of 8

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

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, 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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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, P.C., a written request specifying the additional information requested within
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

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 his firm, Warfield & Company, and for reimbursable costs incurred or paid during the period from July 1, 2004 through September 30, 2004. The total amount requested for payment by the Receiver and his firm is $37,229.64. The fees and expenses for this three month period include, among other things, time by the Receiver and his staff continuing their investigation of funds transferred to friends, relatives, and other associates of the Defendants, attend the contempt hearing for Ronald Holt, prepare the Leonora Street property for sale, identify bank accounts and analyze bank accounts utilized by the defendants in order to determine the disposition of investor funds, confirm insurance on Lenora Street Property, continue investigative efforts to locate IFA records hidden by Defendant Holt, secure hidden records, remove property from Leonora Street and meet with Annette Holt and her attorney regarding same, arrange for and supervise repairs to Leonora Street, revise receivership website, and attend further contempt hearings. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets. 7. The law firm of Guttilla & Murphy, P.C., has submitted an itemized

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statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from July 1, 2004 through September 30, 2004. The total amount requested for payment by the law firm of Guttilla & Murphy, P.C. is $38,807.49.
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

The fees and expenses for this three month period include, among other things, time by the attorneys and legal assistants of the Receiver's law firm transferring title on vehicles and watercrafts to the Receiver; issuing subpoenas and processing, analyzing and distributing documents produced, interviewing various witnesses, investigating the title and origin of funds used to acquire real properties in the name of receivership entities, meeting with property owners, attending depositions of investor witnesses, preparing for and attending contempt hearings for Ron Holt, attending deposition of Ron Holt, drafting petitions and orders for the sale of property, revising and updating the Master Service List, corresponding with Counsel for defendants regarding contempt and the Defendant's obligations under the Court's orders, examining and photographing contents of storage locker containing records hidden by Defendants Holt, updating and expanding box inventory to include newly discovered records, and conducting further property searches. The Receiver believes that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. 8. The investigations firm of A & A Investigations, LLC, has submitted an

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itemized statement for services rendered to this Receivership and for reimbursable costs incurred or paid during the period from July 1, 2004 through September 30, 2004. The total amount requested for payment by the investigations firm of A & A Investigations, LLC is $4,440.00. The fees and expenses for this three month period include, among other things, time by the Receiver's investigator investigating additional leads on possible receivership assets, conducting surveillance, running inquiries on vehicles, investigating beneficial ownership of certain properties, investigating location of hidden records and interview witnesses and attempting to locate additional vehicles. The Receiver believes
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

that this amount is reasonable and should be paid from the Receivership Assets and has therefore approved this statement for payment. 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 $37,229.64 to Warfield & Company, for services rendered

and costs incurred or paid during the period July 1, 2004 through September 30, 2004; 2. The amount of $38,807.49 to Guttilla & Murphy, P.C., for services

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rendered and costs incurred or paid during the period July 1, 2004 through September 30, 2004; and 3. The amount of $4,440.00 to A & A Investigations, LLC, for services

rendered and costs incurred or paid during the period July 1, 2004 through September 30, 2004. Respectfully submitted this 14th day of September, 2005. GUTTILLA & MURPHY, PC

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

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

PROOF OF SERVICE This is to certify that a true copy of the foregoing Petition has been filed electronically with the Court and that the persons on the attached Master Service List designated as "CM/ECF Registered" will be served with same by the Court's CM/ECF system; that a proposed Order has been e-mailed to the assigned Judge with copies to all persons on the attached Master Service List designated as "CM/ECF Registered"; and that the other persons on the attached Master Service List have been served with a copy of the Petition and proposed Order by first class mail this 14th day of September, 2005.

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Case 2:03-cv-01825-PGR
0835-001(44332)

s/Patrick M. Murphy Patrick M. Murphy

Document 266 6 Filed 10/14/2005

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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. August 11, 2005)

Lawrence J. Warfield International Funding 14555 North 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 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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