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Federal Trade Commission v. Ideal Fin. Solutions, Inc.

United States District Court, D. Nevada

December 1, 2014

Federal Trade Commission, Plaintiff
v.
Ideal Financial Solutions, Inc., et al., Defendants

For Federal Trade Commission, Plaintiff: Megan Bartley, LEAD ATTORNEY, Federal Trade Commission, Washington, DC; Blaine T Welsh, U.S. Attorney's Office, Las Vegas, NV; Richard Michael Waller, Federal Trade Commission, Washington, DC.

Michael Sunyich, Defendant, Pro se, Ivins, UT.

Christopher Sunyich, Defendant, Pro se, St. George, UT.

Melissa Sunyich Gardner, individually and as an officer and director of the corporate defendants, Defendant, Pro se, Ivins, UT.

Jared Mosher, individually and as an officer and director of the corporate defendants, Defendant, Pro se, Santa Clara, UT.

For America First Federal Credit Union, Intervenor: Gary L. Compton, LEAD ATTORNEY, Las Vegas, NV.

For Zeal Funding Services, LLC, Intervenor: Adam Birk, Michael C Van, LEAD ATTORNEYS, Shumway Van & Hansen, Chtd., Las Vegas, NV.

For Thomas W. McNamara, Receiver: Andrew W Robertson, Daniel M. Benjamin, LEAD ATTORNEYS, Ballard Spahr LLP, San Diego, CA; Edward Chang, LEAD ATTORNEY, Ballard Spahr, Las Vegas, NV.

ORDER re: Doc. 207

Jennifer A. Dorsey, United States District Judge.

Receiver Thomas McNamara applies for an interim payment of attorney's fees and costs for work performed as the Receiver in this trade enforcement case. Doc. 207. He seeks $7, 180.37 for his accounting fees, plus payment of $59, 847.65 in attorney's fees and $6, 935.52 in expenses incurred by his counsel in this matter. See id. The motion is unopposed, and McNamara has complied with both the plain language of the preliminary injunction and this district's local rules. Thus, I grant his motion and authorize disbursement of the requested amounts from the seized funds.

Background

This case centers around the Federal Trade Commission's allegations that defendants charged consumers large, unauthorized electronic fees through third-party merchant accounts. Doc. 32. The court entered a preliminary injunction against many of the individual defendants in this case, enjoining them from transferring any cash assets, ordering them to relinquish specific funds to the receiver, and authorizing the receiver to manage these assets. Doc. 18.

Receiver McNamara previously moved for approval of attorney fees and costs incurred as a result of this suit, Doc. 165, but that motion was denied without prejudice because the Receiver failed to comply with Nevada's Local Rule 66-6 by affirming that McNamara " has not entered into any agreement, written or oral, express or implied, with any other person concerning the amount of compensation paid or to be paid from the assets of the estate, or any sharing thereof." Doc. 201 at 1. McNamara now re-submits ...


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