plaintiff, sharon l. qvington · case no. 3:04 cv 0059 united states magistrate judge; sharon l....
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
H. THAYNE DAVIS
Plaintiff,
V.
LIFETIME CAPITAL, INC.
Defendant.
Case No. 3:04 CV 0059
United States Magistrate Judge;Sharon L. Qvington
NOTICE OF BILLING STATEMENTS
FOR THE RECEIVER. II. THOMAS
MORAN AND THE HERITAGE GROUP
AGENCY, INC. FOR AUGUST 2015
ALL PARTIES HAVE TEN (10) DA YS FROM THE DATE OF FILING OF THISNOTICE TO FILE OBJECTIONS WITH THE COURT
The Receiver, H. Thomas Moran ("Moran") of the Heritage Group Agency, Inc., pursuant
to the Order Approving Compensation Procedure entered on May 5, 2004, respectfully submits
this Notice of Billing Statements for the period of August 2015, and in support thereof would
respectfully show the Court as follows:
BACKGROUND
The litigation underlying this receivership matter is a fraud and breach of contract action
brought against LifeTime, Capital, Inc., ("LifeTime") a Nevada corporation, by the Plaintiff, H.
Thayne Davis ("Davis"), an investor in LifeTime. The Complaint was filed on February 19,2004,
and sought to have a receiver appointed to take control and administer the assets of LifeTime for
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the benefit of Davis and other similarly situated investors. On February 20, 2004, the Court
issued an Agreed Order ("Order of Appointment") appointing Moran as Receiver of the assets of
LifeTime.
On May 5, 2004, Judge Ovington entered the Order Approving Compensation Procedure
("Compensation Order"). This Order, as subsequently amended by agreement of the Receiver
and the Examiner, requires the Receiver to file with the Court a Notice of Billing Statements
("Notice") each month for services provided and expenses incurred in the preceding month. The
Order also requires the posting of these Notices on the Receiver's Website
(www.Lifelimereceiver.com") along with a summary of the fees and expenses, and service of the
Notice by facsimile or mail to the actual notice parties in this matter. Attached hereto as Exhibit
A is the billing summary to be posted on the Receiver's website. Exhibits B is the detailed
statements and expenses, respectively, for H. Thomas Moran and his staff members.
Respectfully submitted;
/s/ Joseph C. OehlersJoseph C. Oehlers (#0065740)E-mail: [email protected]
BIESER, GREER & LANDIS LLP6 North Main Street, Suite 400Dayton, Ohio 45402Ph: (937)223-3277Fx: (937)223-6339
D. Benham Kirk, Jr. (OBA #5044)E-mail: [email protected]
DOERNER SAUNDERS DANIEL &
ANDERSON, LLP105 N. Hudson, Suite 500Oklahoma City, OK 73102Ph: (405)319-3500Fx: (405)319-3409
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Melvin R. McVay, Jr. (OBA #6096)E-mail: [email protected]
Corporate Tower, Thirteenth Floor101 N. Robinson
Oklahoma City, Oklahoma 73102Ph: (405)235-4100Fx: (405)235-4133
Attorneyfor the Receiver,H. Thomas Moran, II
CERTIFICATE OF SERVICE
This is to certify that on the day of May, 2016 a true and correct copy of theforegoing document was electronically filed with the Clerk of the Court using the CM/ECFsystem and that a true and correct copy of the foregoing document was electronically mailed tothe following:
Andrew C. Storar, Esq., Coiiri-Appoinled Examiner
D. Bcnham Kirk Jr., Esq. and Mclvin R. McVay, Jr., Esq., Co-Counselfor H.Thomas Moran II, Receiver
Brent L. English, Esq., Counselfor William J. Svete and Nallis Capital, LLC
James M. Hill, Esq. and Stephen J. Johnson, Esq., Co-Counsel for JonathanMajers, Ernest R. Biisios, Claimant Rudy Sotelo
Walter F. Reynolds, Esq., Counselfor Interested Parties. Richard A. Lee, JamesP. Kardys, Rachel Bon, Timothy Bon, Richard E. Fillingham, GinetteGiarardin, Joseph Girardin, Erich Grams, Cora J. Hanseman, KathleenM. Hendrix, Brian Krasner, Joan Prokop, Paul Prokop, Johnny JamesTodd, Jr., Nannie Todd, James Walker, Janet Walker, Robert L. Hulseman,SPCP Group, LLC
Alexander A. Arestides, Esq., Counsel for Interested Parties, Larry Harville,Frances Harville
Andrew Paisley, Esq. and Scott P. Ciupak, Esq., Counsel for Intervenors,Guaranty Bank
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And that a true and correct copy of the foregoing was also served, via regular U.S. Mail,postage prepaid, to the following:
Brian Gazvini
Department of CorporationsSecurities Regulations320 W. 4th Street, Suite 750Los Angeles, CA 90013-2344
Patricia A. Labarthc, Esq.Enforcement AttorneyOklahoma Department Of Securities860 First National Center
120 N. Robinson
Oklahoma City, OK 73102
Slicnvin D. Byars409 Langley RoadTravelers Rest, SC 29690
Robert G. Burgess101 Crested Butte
Cedar Creek, TX 78612
Matthew A. CIcmcnte
Sidney Austin LLPOne South Dearborn
Chicago, IL 60603Counsel for SPCP Group, LLC
Jane Ivy-Stevens1613 P.M. 2790
Lytle, Texas 78052
9157-204167^52336
Bob LangOhio Division of Commerce
Division of Securities
77 South High Street, 22nd FloorColumbus, OH 43215-6131
LifeTlme Capital, Inc.P.O. Box 16338
Oklahoma City, OK 73113-2338Defendant
Steven F. Stacker
214 W. Robinson Street #888
Carson City, NV 89703-3938
Ernest Storms
121 Frontier Trail
Wimberlcy, TX 78676
Jacquelyn Storms121 Frontier Trail
Wimberlcy, TX 78676
Nena Ivy-Ellison110 Peaceful Lane
San Antonio, TX 78264
David W. Svete
Reg. #05779-017FCI Terminal Island
P. 0. Box 3007
San Pedro, CA 90731
BIESER, GREER & LANDIS LLP
/v/ Joseph C. OehlersJoseph C. Oehlers
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EXHIBIT A
FEES AND EXPENSES OF THE RECEIVER
AUGUST 2015
The Receiver has submitted his application for payment of fees and costs as follows:
FEES COSTS
The Heritage Group $ 906.70 $ .00
During the period from August 1, 2015 through August 31, 2015, the Receiver engaged in
various activities regarding litigation against Natlis Capital, LLC, and certain investors, and the
administration of the Receivership.
9157-204167\552I90
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The Heritage Group521 W Witshire Blvd.. Suite 200
Oklahoma City, OK 73116405-753-9100
Customer
Name
Address
CityPhone
LifeTime Receiver
P. O. Box 16338
Oklahoma Cily405-753-9100
Qty
Slate OK ZIP 73113
1.60 August Time - H. Thomas Moran II, Receiver2.10 August Time - Erin Maxwell4.80 August Time • Melissa Kave2.10 August Time - Michelle Nashert
Total Fees August 2015
Total Expenses Incurred August 2015
Payment Select One...
Comments
Name
CC#
Expires
Thank You
EXHBT
Invoice No. LT8/15
Misc
Date
Order No.
RepFOB
INVOICE
8/31/2015
Unit Price TOTAL
S 175.00 $ 280.00
S 95.00 £ 199.50
S 75.00 S 350.00
S 32.00 5 67.20
S 906.70
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TOM MORAN LIFETIME TIME SHEET August 2015
DATE ACTIVITY HOURS
8/4/2015 Multiple emails with attorneys reqardlnq settlement aqreemenl. 0,60
8/21/2015 Email from R. Meeker reqardinq fees. 0.10
8/30/2015 Emails from attorneys reqardinq settlements. 0.40
8/31/2015 Reyiew financial data of Receivership. 0.50
Total Hours August 2015 1.60
Hourly^Rate $175.00
TOTAL FOR August 2015 $280.00
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Erin Maxwell Lifetime Capital August 2015
DATE ACTIVITY HOURS
8/3/2015
Received notice of filing of motion for summary judgment, reviewed noticeand posted to lifetimereceiver.com. 0,20
8/5/2015
Phone call with guardian for investor 52059 regarding receivership statusand 4th distribution; reviewed file for investor 52059. 0.30
8/10/2015
Requested copies of cleared distribution checks for investor 52059 from
accounting; phone call with investor 52918 regarding status of receivership. 0.20
8/12/2015
Phone call with IRA custodian for investor 55149 regarding rereglstration ofinvestment interest. 0.10
8/14/2015
Voicemail and phone call with relative of investor 53015 regarding status ofreceivership; phone call with investor 53969 regarding current status ofreceivership. 0.20
8/17/2015
Read and replied to email from investor 53976 regarding current status ofreceivership. 0.10
8/26/2015
Read and replied to email from investor 54711.01 regarding current status ofreceivership. 0.10
8/27/2015 Read and replied to follow-up email from investor 54711.01. 0.10
8/26/2015
Received W-9s for Natlis Capital, and William and Joyce Svete, andsubmitted check request to accounting for settlement amounts. 0,40
8/31/2015
Read and replied to email from investor 54953.01.01 regarding currentstatus of receivership and change of address; recorded change of addressfor investor 54953.01.01 and 54953.01.03; sent Natlis settlement checks to
Joe Oehlers via UPS delivery. 0.40
Total hours for August 2015 2.10Hourly Rate $95.00
TOTAL for August 2015 $199.50
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MELISSA KAVE LTC TIMESHEET AUGUST 2015
DATE ACTIVITY HOURS
8/3/2015
Verified and updated cash report and reconciled with general ledger.Processed interest income transactions- 0.40
8/4/2015 Verified and updated cash report and reconciled with general ledger, 0.20
8/5/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/6/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/7/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/10/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/11/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/12/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/13/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/14/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/17/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/18/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/19/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/20/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/21/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/24/2015
Verified and updated cash report and reconciled with general ledger.Received and deposited restitution check. 0.60
8/25/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/26/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/27/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/28/2015 Verified and updated cash report and reconciled with general ledger. 0.20
8/31/2015 Verified and updated cash report and reconciled with general ledger. 0.20
Total hours for August 2015 4.80Hourly Rate S75.00
TOTAL for August 2015 $360.00
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MICHELLE NASHERT LIFETIME TIMESHEET August 2015
DATE ACTIVITY HOURS
8/3/2015 Reconciliation of bank statements to general ledger. 0.55
8/4/2015 Review numerous emails from attorney and Erin Maxwell. 0.25
8/10/2015 Review emails and statements from attorney. 0.20
8/17/2015 Review email Erin Maxwell re; Nattis Release. 0.20
8/31/2015
Review email Erin Maxwell re: Natlls and Svetes payments, prepare checksfor payments. 0.40
8'31/2015 Prepare financiais for Receiver's review, 0.50
Total hours for August 2015 2.10
Hourly Rale S32.00TOTAL for August 2015 S67.20
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