UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISIO N. Case No CIV-MARRA

Transcription

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISIO N Case No CIV-MARRA SECURITIES AND EXCHANGE COMMISSION Plaintiff, MICHAEL LAUER, LANCER MANAGEMENT GROUP, LLC, and LANCER MANAGEMENT GROUP II, LLC, and Defendants, LANCER OFFSHORE, INC., LANCER PARTNERS, LP, OMNIFUND, LTD., LSPV, INC., and LSPV, LLC., Relief Defendants. In re : LANCER PARTNERS L.P., Debtor. Chapter 11 Cas e Case No. : CIV-MARRA SUMMARY OF FIFTH INTERIM FEE APPLICATION OF FOLEY & LARDNER LLP 1. Name of applicant: Foley & Lardner LL P 2. Role of applicant : Counsel to the Creditor 's Committee 3. Name of certifying professional : Mark A. Salzberg 4. Date case filed : 4/16/03 5. Date of application for employment: 6/5/0 3

2 6. Date of order approving employment : 11/26/03, nunc pro tunc to May 28, If debtor's counsel, date of Disclosure of Compensation form : 8. Date of this application: July 21, Date of services covered : October 1, 2004 through January 31, 2005 Fees Total fee requested for this period (from Exhibit 1) $202, Balance remaining in fee retainer account, not yet awarded ($ Fees paid or advanced for this period, by other sources ($ Net amount of fee requested for this period $202, Expense s Total expense reimbursement requested for this period $2, Balance remaining in expense retainer account, not ye t received ($ Expenses paid or advanced for this period, by other sources ($ ) Net amount of expense reimbursements requested for thi s period $2, Gross award requested for this period (# 10 + # 14) $ Net award requested for this period (# 13 + # 17) $204, History of Fees and Expense s 1. Dates, sources, and amounts of retainers received : Dates Sources Amounts For fees or costs? 2. Dates, sources, and amounts of third party payments received : Dates Sources Amounts For fees or costs?

3 3. Prior fee and expense awards Fourth Interim applicatio n Prior Fee Prior Expens e Award s Dates covered by fourth application : 06/01/04-09/30/0 4 Amount of fees requested : $170, Amount of expenses requested : $6, Amount of fees awarded : $170, Amount of expenses awarded : $6, Fee award, net of retainer : $170, Expense award, net of retainer : $6, Amount of fees actually paid : $170, Amount of expense reimbursement actually paid : $6, Portion of fees requested but not awarded, whic h Portion of expenses requested but not awarded, whic h Prior Fee Prior Expense Third Interim applicatio n Dates covered by third application : 02/01/04-05/31/0 4 Amount of fees requested : $182, Amount of expenses requested : $9, Amount of fees awarded : $182, Amount of expenses awarded : $9, Fee award, net of retainer : $182, Expense award, net of retainer : 9, Amount of fees actually paid : $182, Amount of expense reimbursement actually paid : $9, Portion of fees requested but not awarded, which Portion of expenses requested but not awarded, whic h

4 Prior Fe e Second Interim application Prior Expense Dates covered by second application : 10/01/03-01/31/0 4 Amount of fees requested : $272, Amount of expenses requested : $9, Amount of fees awarded : $272, Amount of expenses awarded : $9, Fee award, net of retainer : $272, Expense award, net of retainer : $9, Amount of fees actually paid : $272, Amount of expense reimbursement actually paid : $9, Portion of fees requested but not awarded, whic h Portion of expenses requested but not awarded, which Prior Fee First Interim application Prior Expense Dates covered by first application : 05/30/03-09/30/0 3 Amount of fees requested : $404, Amount of expenses requested : $25, Amount of fees awarded : $404, Amount of expenses awarded : $25, Fee award, net of retainer : $404, Expense award, net of retainer : $25, Amount of fees actually paid : $343, Amount of expense reimbursement actually paid : $25, Portion of fees requested but not awarded, whic h $60, Portion of expenses requested but not awarded, whic h

5 CERTIFICATION PURSUANT TO LOCAL RULE (A ) I hereby certify that I am admitted to the Bar of the United States District Court for the Southern District of Florida and I am in compliance with the additional qualifications to practice in this Court set forth in Local Rule (A). CERTIFICATE OF SERVIC E I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties on the attached service list via United States Mail. Dated : July 21, 2005 Respectfully submitted, FOLEY'& LARDNER LL P Donald A. Workman ( Fla. Bar No ) Mark A. Salzberg (Fla. Bar No ) Lori V. Vaughn ( Fla. Bar No ) 3000 K Street, N.W., Suite 500 Washington, DC (202) Counsel for the Official Committee of Unsecured Creditors in Lancer Partners, L P

6 SEC/LANCER MANAGEMENT ET AL. SERVICE LIST Kerry A. Zinn Senior Trial Counse l U.S. Securities & Exchange Commission 801 Brickell Avenue, Suite Miami, FL Eric A. Henz y Reid and Riege, P.C. One Financial Plaza Hartford, CT Stephen R. Fiel d Law Offices of Stephen R. Field 240 Madison Avenu e New York, NY Scott M. Berman Brown, Rudnick, Berlack, Israels LLP 120 West 45th Stree t New York, NY Mr. Dylan Wolff P.O. Box 1863 Vika 0124 Osl o Norway Kevin E. Gunthe r 27 Reid Street, 1 t Floor P.O. Box HM 3051 Hamilton HM NX Bermud a Garry M. Graber Hodgson Russ LL P One M &T Plaza, Suite 2000 Buffalo, NY Michael Lauer, pro se 7 Dwight Lane Greenwich, CT Salvatore A. Barbatano Foley & Lardner LL P 150 W. Jefferson, Suite 1000 Detroit, MI Ger ry LaBush, Esq. 711 Third Avenue, Suite 1505 New York, NY Jonathan B. Alter, Esq. Bingham McCutchen LLP One State Street Hartford, CT Susan V. Demers Price Findlay & Co. Tropic Isle Building, BVI P.O. Box Road Town, Tortola British Virgin Islands Harley S. Tropin Kozyak Tropin & Throckmorton, P.A First Union Financial Center 200 South Biscayne Boulevard Miami, FL Mr. Erik O. Huso Controller, Nordea Liv Norge AS Folke Be rnado ttes vei Fyllingsdalen 1201 Bergen Norway M. Regina Thomas Assistant U.S. Truste e 51 SW First Avenue, Room 1204 Miami, FL David Blaylock, Esq. Glankler Brown, PLLC 1700 One Commerce Square Memphis, TN

7 Mr. Hans Jacob Dahle Vesta Forsikring AS P.O. Box Bergen Norway Trisha D. Sindler Special Counse l U.S. Securities & Exchange Commission 801 Brickell Avenue, Suite Miami, FL Greg T. Arnold Brown Rudnick Berlack Israels One Financial Cente r Boston, MA Jeffrey Greilsheime r Hughes Hubard and Reed LLP One Battery Park Plaza New York, NY Travis Corder Brown Rudnick Berlack Israels One Financial Cente r Boston, MA Paul Wallace 9701 S. Bexley Drive Littleton, CO David Cim o Genovese Joblove & Battista, P.A. Bank of Tower, 36th Floor 100 S.E. 2"d Street Miami, FL Bill McCowe n Metamora Multi Managers, L.L.C. voyager.net Craig V. Rasille Hunton & William s Brickell Avenue, Suite 2500 Miami, FL 33131