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Old 05-18-2009, 08:54 PM
mcf mcf is offline
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Join Date: Nov 2003
Posts: 254
Default TF Lennon asks for more money

The lawyers in the 12dailypro mess are asking for more fees yet again.

If 12dailypro money was all illegally gotten, then where is this money coming from to pay them ?? Is this all part of the scam ? Too bad I'm not close enough to attend the hearing.



Quote:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION
Securities and Exchange Commission v. Charis Johnson; LifeClicks, LLC; and 12Daily Pro
Case No. CV 06-01018-SGL (PLAx)

NOTICE OF HEARING ON FOURTH INTERIM FEE APPLICATIONS OF RECEIVER AND HIS PROFESSIONALS

PLEASE TAKE NOTICE that on June 22, 2009, at 10:00 a.m., before the Honorable Stephen G. Larson, in Courtroom No. 1 of the United States District Court for the Central District of California, Eastern Division, located at 3470 Twelfth Street, Riverside, California 92501, Thomas F. Lennon ("Receiver") will move the Court for an order approving the fourth interim fee applications of the Receiver and his professionals, Allen Matkins Leck Gamble Mallory & Natsis LLP ("Allen Matkins"), counsel to the Receiver, and Investigative Technologies LLC ("IT"), information and technology consultant to the Receiver.

Detailed fee applications are on file with the Court. If you were served only with a copy of this Notice of Hearing, you may obtain copies of the applications and supporting papers from the Clerk of the Court or by requesting them in writing from counsel for the Receiver or by accessing the Receiver's website at www.tlennonfor12dailypro.com.

The Receiver and his professionals request approval of the following fees and expenses for the fifteen-month (15) period December 1, 2007, through February, 2009 ("Application Period"):


Applicant


Fees


Expenses


Total

Thomas F. Lennon, Inc.


$612,927.50


$1,024.21


$613,951.71

Allen Matkins


$419,855.00


$4,465.13


$424,320.13

Investigative Technologies LLC


$360,015.00


$1,650.40


$361,665.40


The Receiver and his professionals are requesting that an interim payment of 80% of the requested fees and 100% of the requested expenses be authorized on the current applications.

The fees and expenses are requested pursuant to the order appointing the Receiver, which provides that the Receiver may employ professionals and that the Receiver's expenses and those of his professionals are to be paid from the assets of the defendants upon application to the Court. The fees and expenses of the Receiver and his professionals are requested only on an interim basis; the final determination of the ultimate allowable amount of fees and expenses to be paid to the Receiver and his professionals will take place at a final fee application hearing at the end of the case.

Summary of Accomplishments this Application Period.

As set forth in more detail in the respective fee applications, during this fifteen-month period, the Receiver, his staff, and his professionals provided services that provided significant benefits to the receivership estate and its creditors (the investors). As a result of these efforts, investors will receive approximately thirty percent (30%) of their respective claims against the estate. Specifically, during this period the following was accomplished:

1. The design and implementation of the Web Portal was completed;
2. In excess of 29,000 investors submitted claims against the receivership estate via the Web Portal and approximately 1,000 investors mailed proofs of claim to the Receiver's office;
3. All investor claims over $3,000 were reviewed and analyzed;
4. Objections to 800 claims were prepared and prosecuted;
5. Orders sustaining objections aggregating approximately $7 million were entered by this Court, resulting in $2.1 million of additional funds now available to holders of legitimate claims;
6. The estate claims against StormPay were finalized, mediated and settled, in which the receivership estate recovered approximately $12 million;
7. Demands were made against investors who realized gains from the scheme and approximately $100,000 was recovered;
8. The methodology for making distributions to investors was finalized so the Plan of Distribution ("Plan") can be filed and distributions to investors made promptly after this Court approves the Plan; and
9. In excess of 8,500 emails from investors were responded to and 2,100 calls were returned.

Procedural Requirements. If you oppose the applications, you should consult, among other authorities, the local district court rules for the applicable procedural requirements. Any opposition papers must be filed with the Clerk of the United States District Court for the Central District of California, Eastern Division, 3470 Twelfth Street, Riverside, California 92501, and served on the undersigned not later than June 8, 2009, fourteen (14) days before the hearing.

This application is based upon the Notice of Hearing, the Fourth Interim Fee Application of Thomas F. Lennon, the Fourth Interim Fee Application of Allen Matkins, the Fourth Interim Fee Application of IT, the Declaration of Thomas F. Lennon, the Memorandum of Points and Authorities in Support of the Applications, and the pleadings and filings previously made in this case.

Dated: May 4, 2009

Debra A. Riley

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
Attorneys for Receiver Thomas F. Lennon
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