Judge: Serena R. Murillo, Case: BC551112, Date: 2023-09-25 Tentative Ruling
Case Number: BC551112 Hearing Date: October 26, 2023 Dept: 31
TENTATIVE
Receiver’s
Application for Appointment of Staff and Counsel is GRANTED.
Discussion
On February 7, 2023, this Court
appointed Peter S. Davis as the Receiver. The order noted that the Receiver is
empowered to hire, employ, or retain accountants, food scientists,
investigators, computer consultants, and other personnel or employees as
needed, subject to court approval, to aid in the Receiver’s analysis and
performance of his duties. The Receiver and members of his staff shall be
compensated at rates set forth in a fee schedule which shall be circulated
after the appointment, and the Receiver shall be entitled to reimbursement for
all costs advanced.
Receiver requests
that the hourly rate of compensation for the Receiver be set at $680 per hour.
Receiver also requests that the Court approve the Receiver’s use of the
Receiver’s firm, J.S. Held, to provide professional support services in aid of
the Receiver’s analysis and performance of his duties. Receiver requests that
J.S. Held be reimbursed for all reasonable costs and expenses incurred on
behalf of Receiver and that it be compensated as provided in the Engagement
Agreement:
|
Professional Staff |
Maximum Hourly Rate |
|
Senior Managing Directors |
Up to $680.00 |
|
Managing Directors |
Up to $520.00 |
|
Directors |
Up to $440.00 |
|
Associate Directors |
Up to $360.00 |
|
Senior Consultants |
Up to $280.00 |
|
Consultants |
Up to $195.00 |
Receiver also
requests that the Court approve Receiver’s engagement of counsel. Receiver has,
subject to this Court’s approval, entered into an Engagement Agreement with
Perkins Coie LLP. Receiver requests that Perkins Coie LLP be approved as
general counsel. Hourly rates, after accounting for a 10% courtesy discount,
for the primary attorneys expected to work on this matter are set forth as
follows:
|
Perkins Coie
LLP Attorney |
Position |
Discounted
Hourly Rate |
|
Brad Cosman |
Partner |
$949.50 |
|
Amir Gamliel |
Partner |
$949.50 |
|
Gillian Kuhlmann |
Associate |
$765.00 |
There being no
opposition, Receiver’s Application for Appointment of Staff and Counsel is
granted.
Conclusion
Accordingly, Receiver’s
Application for Appointment of Staff and Counsel is GRANTED.
Moving party is
ordered to give notice.