SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. FUNDING RESOURCE GROUP a/k/a FRG TRUST, ET AL. Defendants.

No. 3-98-CV-2689-MUnited States District Court, N.D. Texas, Dallas Division
April 19, 2002

ORDER
Jeff Kaplan, United States District Judge:

Michael J. Quilling, as Receiver for Funding Resource Group and related entities, has filed an application for $705.00 in fees and $1.60 in expenses for services performed and costs incurred in prosecuting a claim against David Johnson in the United States District Court for the Western District of Tennessee. Granite Holdings, et al. v. Johnson,
No. 0O-2098-G/V. The Receiver also seeks authority to pay his local counsel, Borod Kramer, $2,596.00 in attorney’s fees. The application covers legal services performed and expenses incurred in the Johnson litigation from December 1, 2001 through February 28, 2002 as to the Receiver, and from November 1, 2001 through January 31, 2002 as to Bored Kramer.

The Receiver was ordered to post a copy of this fee application on his website with instructions to all interested parties that any objections must be filed by April 9, 2002. No objections have been received by the Receiver or the Court. A hearing was held on April 19, 2002. The Receiver advised all interested parties of this hearing by posting notice on his website. No one appeared at the hearing or otherwise objected to the fee application. The Securities and Exchange Commission, through its regional counsel, previously consented to payment of the amount requested.

The Court has reviewed the fee application and exhibits attached thereto, and finds that the time spent, services performed, expenses incurred, and hourly rates charged by the Receiver and his local counsel are justified under the factors set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). No upward or downward adjustment is warranted. Accordingly, the fee application is approved. The Receiver is authorized to pay the following law firms fees and expenses for services performed and costs incurred in the Johnson
litigation:

Law Firm Fees Expenses Quilling, Selander, Cummiskey $705.00 $1.60 Lownds, P.C. Dallas, Texas
Borod Kramer $2,596.00 $0.00 Memphis, Tennessee

All payments shall be charged to the Hammersmith Trust Estate.