SUBMISSION OF RECEIVER S VERIFIED INVOICE THROUGH MAY 20, 2018

Transcription

1 DISTRICT COURT, DENVER COUNTY, STATE OF COLORADO 1437 Bannock Street, Room 256 Denver, Colorado Phone Number: In re the Receivership Estate of MYH And Concerning: Alpine Herbal Wellness, LLC, Serenity Moon Wellness Center, LLC; Walnut Associates, LLC; ADG Herbal Wellness Center, Inc.; FL89, LLC; Frosted Leaf, LLC; Big Mouth Snacks, LLC, Lightshade Productions, LLC; 399 Harrison Street, LLC; Straight River, LLC; Vape Tools, LLC; East 40th Avenue, LLC; 420 Events, LLC; Canna Co, LLC; and Kiri A. Humphrey And Third Party Intervenor, Scott Simon, an individual. Attorneys for Receiver: John M. Tanner Fairfield and Woods, P.C California #2600 Denver, Colorado Phone: Fax: A COURT USE ONLY A Case Number: 17CV31274 Division: 303 SUBMISSION OF RECEIVER S VERIFIED INVOICE THROUGH MAY 20, 2018 Sterling Consulting Corporation, as receiver, by and through its attorneys, Fairfield and Woods, P.C., hereby submits the Receiver s verified invoice for work from April 21, 2018 through May 20, 2018, attached as Exhibit 1. Respectfully submitted this 12th day of June, 2018.

2 FAIRFIELD AND WOODS, P.C. By: i AJ' M. Tanner JohiyM. Tanner Attorneys for Receiver CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was E-filed via the Colorado Court s E-filing System this 12th day of June, 2018, and E-served upon the following or as indicated below: Duncan L. Griffiths Jon Eric Stuebner Carolyn Witkus Griffiths Law P.C Park Meadows Dr., Ste. 520 Littleton, CO carolvn@griffithslawpc.com jstuebner@griffithslawpc.com Gary D. Nicholas Nicholas Family Law 4601 DTC Blvd., Ste Denver, CO John L. Skari, Jr. John S. Zakhem Jackson Kelly PLLC th Street, Suite 2150 Denver, CO Robert J. Corry, Jr. Abbey Gail Moffitt Law Office of Corry & Associates 437 W. Colfax, Suite 300 Denver, CO Claudia Brett Goldin J. Alan Call Colorado Attorney General 1300 Broadway, FI. 10 Denver, CO Claudia.goldin@coag.gov Alan.call@coag.gov Matthew William Buck Red Law Kyler K. Burgi R. Kirk Mueller Davis Graham & Stubbs, LLP th Street, #500 Denver, CO Kvler.Burgi@dgslaw.com Kirk.mueller@,dgslaw.com Robert T. Hoban C. Adam Foster Keenan M. Jones Hoban Law Group th Street, Suite 420 Denver, CO bob@hoban.law adam@hoban.law Keenan@hoban.law

3 Amanda Halstead Mills Schmitz th St., #2800S Denver, CO Jerry Oliver Porterfield and Associates 101 Eagle Road, Building 8 Eagle-Vail, CO ioliver@opa-law.com William Eikenberry Darling Milligan Smith & Lesch, PC th St., Ste. 800 Denver, CO beikenberrv@dmsl-law.com apanicucci@dmsl-law.com John Goutell The Minerva, EEC 9457 S. University Blvd., #528 Highlands Ranch, CO iohn@,theminerva.com Aaron C. Acker Springer and Steinberg, P.C Broadway, Suite 1200 Denver, CO Courtesy copies via to: Jennifer Lynne Lewis Lewis and Matthews P.C Gaylord Street Denver, CO Jlewis@,matthewslaw.com Adam Slipakoff Slipakoff and Slomka, LLLP Atlanta Tech Village 3423 Piedmont Rd., N.E. Atlanta, GA as@mvatllaw.com Rachel Gillette Greenspoon Marder 1401 Lawrence St., #1900 Denver, CO Rachel.gillette@gmlaw.com Christian D. Hammond Dalla Hammond, P.C Elizabeth Street Thornton, CO chris@dallahammond.com John Hodgden 205 W. Maple, Suite 806 Enid, OK pjh@nwok-law.net Rebekah B. Watada Assistant City Attorney 201 W. Colfax, Dept. 801 Denver, CO Rebekah. watada@,denver gov, ore Sharon A. Chiecuto Peter Terrence Moore Langdon Jon Jorgensen Jennifer Christine Alldredge Robinson, Waters & O Dorision, P.C th Street, Suite 2600 Denver, CO

4 Sterling Consulting Corporation 4101 East Louisiana Avenue Suite 300 Denver, Colorado Office: Fax: INVOICE May 20, 2018 Client: IRMYH Receivership Denver District Court - Civil Action No. 17CV31274 For: Receiver's Professional Services and Expenses By: Sterling Consulting Corporation From: April 21, 2018 To: May 20, 2018 Date: Services: Hours Worked: Hours Billed: 21-Apr-18 Researched commercial threats against receiverships (1.75); prepared market value balance sheet (1.5). 24-Apr-18 Worked on RJJ Claim (1); worked on administrative, accounting issues (.75); worked on Jane sale (1). 25-Apr-18 Prepared market value statement of assets and liabilities (2.25); worked on Pearl Street sale (1.5). 26-Apr-18 Worked on administrative matters (.75) Apr-18 Prepared market value statement of assets and liabilities for meetings (2.25); met with J. Goutell and K. Humphrey (2); met with B. Sobolev (1.75); worked on administrative matters, accounting, reporting (1.5). 28-Apr-18 Worked on the Jane transaction (.75) Apr-18 Prepared Report on Claims of Kiri Humphrey (2.5); worked on production of documents for MED (1.25) EXHIBIT 1

5 Invoice, IRMYH Receivership May 20, 2018 Page Apr-18 Worked on Responses to Shoen discovery (2); worked on Report on K. Humphrey Claims (1.5); worked on Simon Claim (1). 1-May-18 Attended hearing (4.25, no charge for drive time -.5); worked on Simon Claim (1.75); reviewed Shoen discovery responses (1); worked on Motion to Consolidate (.5). 2-May-18 Worked on Motion for Confirmation, Confirmation Order, Receiver s Deed for Pearl Street (2); worked on survey for Pearl Street (.75); worked on Endless Ammo issues (.5); worked on S. Walter Claim (.75). 3-May-18 Prepared Pitch Deck (1.5); met with J Goutell and K. Humphrey (2); assembled deeds for Harrison (1.25); assembled and analyzed property tax information for Harrison and Pearl (1). 4-May-18 Prepared Pitch Deck (2); worked on Claim procedures and hearings (1.5); worked on Supplement to Schoen discovery (1); worked on C-Quin Claim and eviction (2.25); worked on administrative matters (.75). 5-May-18 Worked on response to RJJ (1.5) May-18 Worked on response to RJJ (1) May-18 Prepared new caption (1); worked on Schoen (.5); worked on RJJ response (1). 8-May-18 Conference call with K. Humphrey, J. Goutell, J. Tanner (1); prepared C-Quin rent analysis, RJJ connection (1.75); worked on 4900 Colorado Boulevard issues, lease (1.25)

6 Invoice, IRMYH Receivership May 20, 2018 Page May-18 Prepared C-Quin rent analysis (2); researched Claims interest, penalties (1.25). 11-May-18 Prepared Simon Claims analysis (1.5); worked on administrative matters, organized all Claims for hearings, ruling on papers, receiver's right to a hearing, and settlement (2). 12-May-18 Worked on administrative matters, organized all Claims for hearings, ruling on papers, receiver's right to a hearing, and settlement (1.5); worked on W. Murphy pleading and response (1.75). 13-May-18 Reviewed engagement agreements for J. Goutell and K. Humphrey (.75); worked on administrative matters, accounting for Harrison (.5). 14-May-18 Worked on S. Simon Claim (.75); worked on administrative matters, Claims hearings (.5). 15-May-18 Worked on RJJ Claim (1); worked on Division One Claim (.5); worked on administrative, Claims hearings (.5); reviewed Colorado receivership statute and application to receivership (1.5). 16-May-18 Prepared updated caption for Receivership Action (1); worked on Motion re S. Simon Claim (1.25); worked on Claim of C-Quinn (1); analyzed new Colorado statute on marijuana receiverships (1.5). 17-May-18 Worked on Division One Claim, settlement (.75); worked on Schoen Realty Claim, settlement (.75); worked on C-Quin Claim, settlement (1.5); worked on P. Yates Claim, settlement (1.25); worked on survey and title commitment issues for Pearl Street sale

7 Invoice, IRMYH Receivership May 20, 2018 Page May-18 Worked survey and title commitment issues for Pearl, memo to surveyor (1.25); worked on Walter-Lopez Claims, settlements (2.5); worked on P. Yates Claim, settlement (2); worked on Schoen Claim, settlement (1.5); worked on administrative matters, IRS (.5). 19-May-18 Worked on administrative matters (1); worked on Brief regarding Schoen hearing, stipulation (1.5). 20-May-18 Worked on the Schoen Stipululation (.5) Total hours First ten hours Hourly rate (first ten hours) This Invoice 3, Hours between ten and twenty Hourly rate (second ten hours) This Invoice 3, Hours above twenty Hourly rate above twenty hours , This Invoice 21, Less 10% arbitrary discount for objections -2, Less 20% retention -4, Total, This Invoice 15, Expenses (from below) 8, Accruals from Below 37, Pay this amount 62,137.20

8 Invoice, IRMYH Receivership May 20, 2018 Page 5. Sterling Consulting Corporation Accruals: Date: Description: Amount: 20-Nov-17 Retainage 4, Dec-17 Retainage 4, Feb-18 Retainage 3, Mar-18 Retainage 3, Apr-18 Invoice 17, Apr-18 Retainage 4, Total Accrued 37, Fairfield and Woods Accruals: Date: Description: Amount: 20-Mar-18 Invoice 12, Apr-18 Invoice 18, May-18 Invoice 30, ,903.71

9 Invoice, IRMYH Receivership May 20, 2018 Page 6. IRMYH EXPENSES Sterling Consulting Corporation April 21-May 20, 2018 Date Description Amount Incurr Amount Bille Professional Fees 20-May-18 Professional Fees-Justin Block May-18 Professional Fees-Kim Fenimore 7, , May-18 Professional Fees-KXPN 1, , , Travel-Airlines 17-Apr-18 United Airlines (forced cancelation) Travel-Auto 11-May-18 Parking-Kim Fenimore Grand Total Expense 9, ,972.20

10 Justin Block IRMYH Invoice ~ April21 -May 20, r I Date Description Time -- Miles 11-May-18 Going to office to work on invoice list for IRMYH May-18 Starting the morning by going to cheesman to 3.00 finish landscape maintenance around the!property supervise the fence being finished and installed then going to the office to work again on_ locate line and centry link poles and and invoice I [project for IRMYH 16-May-18 Going to office to work on finding 420 rally pies 5.00 of site being trashed and invoice project. 18-May-18 Starting the day by going to meeting at Colorado (Grow) to learn how to sign people into the operation and show people around. Totals jhourly Rate I I Grand Total 52o.oo I 5.35

11 Kim Fenimore April21- May 20, 2018 IMRYH Billing ~ , Date Description=-c:... +_ Hours Picked up money, counted, went through s, entered into system, entered payables, cut checks, 04/23/2018 worked with Anne of stuff before she left town Worked on Financials for Kiri and John, recongize some errors and corrected them, started going through Sabrian's s to see if I can find receipts for audit /24/2018 for MJ Freeway and Wurk, started on boxes Went in, did payroll, taxes, reconcile statements, work 04/24/2018 on IS for John and Kiri, kept going throug boxes Went to the store to pick up money, counted cash, paid /26/2018 some bills, went through s, Worked on spreadsheet with Rick, cut check, finished up quarterly reports with Andrew, meeting with Kiri and then Boris, worked with Tyler on the MED phone 04/27/2018 call and owing money 4.50 Picked up money, went through s, worked with I I Rick on a few things for court, entering and paying 1 04/30/2018 ll1 j bills and rent / Went to court :00 I W-e_n_t_I_.n_t_o_c_u.t Eli's check and a few misc. things with /02/2018 Anne and J en Updated spreadsheets to count cash, picked up deposits, counted cash, entered into system, paid bills, started to go through s, built 2018 IS for John,! packed up boxes to do audit this weekend, 8.00 Working on Audit /03/ /05/ /06/ /07/ /08/ /09/ /10/ /11/2018 Working on Audit Picked up money, did spreadsheets, did IS for John for 2016, entered payables, fixed and voided payroll checks from last week, closed out Wheni work, Reconciled accounts, cleaned out s, worked on audit Finished up payroll and cut a frew bills Picked up money, updated spreadsheets, entered payables, cut checks, went through s Stopped by and got checks out and made sure payroll was all good -- 1_0._2_5-t I r J 2.50 I

12 05/14/ /15/ /16/ /17/2018 Picked up money, updated spreadsheets, entered I payables, cut checks, went through s ~----7_.0_0 Worked with Rick on a few items and cut a few payroll! and took to Federal and mailed out bills I 1.50 Worked on claimants for John and Rick, and worked on audit Picked up money, counted, did spreadsheets, worked I on claims and audit 7.00 Total Hours I 1oo.oo Hourly Rate I $ 75.oo Grand Total I $ 7,5oo.oo

13 KXPN.Net, LLC P.O. Box Fort Mohave, AZ Phone: (928) EdwardMeijer(~KXPN.com INVOICE Client: Sterling Consulting 4101 East Louisiana Avenue, Suite 300 Denver, CO Client's Company: Frosted Leaf Date Description of Service 04/01/18 SharePoint Host Server SharePoint Site Updates (Frosted Leaf) SharePoint FE Server SharePoint Site 04/16/18 Updates (Frosted Leaf) Server Domain Controller DC 1 04/16/18 Maintenance, Including Export 04/16/18 (Backup) Server 2016 Domain Controller DC2 Maintenance, Including Export(Backup) Server 2016 SQL Server Enterprise 04/19/ Maintenance Including Export (Backup) Server 2016 DACST VPN Server 04/23/18 Firewall Maintenance Including Export (Backup) 04/23/18 Daily 04/28/18 Server 2016 Quick Books Server Maintenance Including Export (Backup) Server Hyper-V Host Server Daily Maintenance and Backup to Hard Disks Server Online Server Maintenance Including Export (Backup) TOTAL Hours/Qty Rate Amount 3 Hours $ $ Hours $ $ Hour $ $ Hour $ $ Hour $ $ Hour $ $ Hour $ $ Hours $ $ Hour $ $ $1,350.00

14 RECEIPT PLEASE PLACE RECEIPT FACING UP ON DASHBOARD NON - TRANSFERABlE NO. IN AND OUT PARKING ~ Stall # 67 Expiration Date/Time 11:59 PM MAY 01, 2018 Purchase Date/Time: 09:11am May 01, 2018 Total Due: $15.00 Rate: $15.00 All DAY Total Paid: $15.00 Payment Type: Card Ticket It: SIN It: Setting: lot 11 Mach Name: LOT 11 NEW #*.. *-2367, Visa Auth It:

15 Receipt for confirmation number GTSBOT UNITED ~ Confirmation: GTSBOT Issue Date: April 17, 2018 Top of Form A STAR ALLIANCE MEMBER I United logo link to home Bottom of Form TRAVELER INFORMATION Traveler BLOCK/RICHARDANTHONY eticket Number Frequent FlyerNumber UA-XXXXX194 Premier lk I *G Seats 21C FLIGHT INFORMATION Day, Date Flight ClassDeparture City and Time Arrival City and Time Aircraft Meal Fri, 25MAY18 UA1164W DENVER, CO FORT LAUDERDALE, FL Purchase (DEN) 7:49AM (FLL) 1:36 PM FARE INFORMATION Fare Breakdown Airfare: USD U.S. Transportation Tax: U.S. Flight Segment Tax: 4.10 September 11th Security Fee: 5.60 U.S. Passenger Facility Charge: 4.50 Per Person Total: USD eticket To$tal: USD The airfare you paid on this itinerary totals: USD The taxes, fees, and surcharges paid total: USD Form of Payment: VISA Last Four Digits 0227 Fare Rules: Additional charges may apply for changes in addition to any fare rules listed. NON REF/OVALUAFTDPT /CHGFEE Cancel reservations before the scheduled departure time or TICKET HAS NO VALUE. NOTE: ORIGINAL TICKET HAD TO BE CANCELLED TO ATTEND HEARING. HEARING WAS ULTIMATELY CANCELLED. REPLACEMENT TICKET WAS MORE EXPENSIVE.

16 VERIFICATION STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) I, Richard A. Block, being duly sworn upon oath, solemnly affirm as follows: I am the President of Sterling Consulting Corporation ("S.terling"); (b) Sterling is the receiver in Civil Action No. 2017CV in District Court, Denver County, Colorado, the Honorable Andrew P. McCallin, District Judge presiding; (c) I prepared all of the receiver's invoices in this Receivership Action on behalf of Sterling, including the Receiver's Invoice for the period April 21, 2018 to May 20, 2018 to which this Verification is attached; (d) all invoices (both the invoice to which this attached and those previously submitted) fairly reflect the work performed by the receiver authorized or directed by the District Court; and (e) the information contained therein is true and accurate to the best of my knowledge and belief. STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ). Sterling Consulting Corporation as rece1ver by Richard A. Block, President Subscribed and sworn to before me by Richard A. Block a s the President of Sterling Consulting Corporation, LLC as receiver on the 9 th day of June, Witness my hand and official seal. My commission expires: _\;_,f- /... /_,_, -+/... a:"-""-'o=dt-=...:...\ _ KIMBERLY KAY FENIMORE Notary Public - State of Colorado Notary My Commission Expires Jan 11, 2021 ~