IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PACIFIC ENERGY RESOURCES LTD., et al.
, ) Debtors. ) Chapter 11 Case No. 09-10785(KJC) (Jointly Administered)
) ) Objection Deadline: 2010 at 4:00 p.m. Hearing Date: To be scheduled
SIXTH APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SCHULLY, ROBERTS, SLATTERY & MARINO, PLC, AS SPECIAL OIL & GAS AND TRANSACTIONAL COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR THE PERIOD FROM JUNE 1, 2010 THROUGH AUGUST 31 2010
Name of Applicant: Authorized to Provide Professional Services to: Date of Retention: Period for which Compensation and Reimbursement is Sought: Amount of Compensation Sought as Actual, Reasonable and Necessary: Amount of Expense Reimbursement Sought as Actual, Reasonable and Necessary: This is a: - monthly .. interim
Schully, Roberts, Slattery & Marino, PLC Debtors and debtors in possession
Nunc Pro Tunc to March 9, 2009 by order entered on April 15, 2009 June 1, 2010 through August 31, 2010 2
$ 28,017.50 $ 119.68 - final application.
The total time expended for fee application preparation is approximately 4.0 hours and the corresponding compensation requested is approximately $1,400.00.
The Debtors in these cases, along with the last four digits of each of the Debtors federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Pelrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of the Debtors is 111 W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802. 2 This Application may include time expended before the time period indicated above that has not been included in any prior application. The applicant reserves the right to include any time expended in the time period indicated above in future application(s) if it is not included herein.
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PRIOR APPLICATIONS FILED
KiT.303 11 lowW VE Mae .05
SRSM PROFESSIONALS Name of Professional Individual Position of the Applicant, Number of Years in the Position, Prior Relevant Experience, Year of Obtaining License to Practice Shareholder 1996; Joined Firm 1996; Member of LA Bar since 1985 Associate 2006; Member of LA Bar since 1987 I Legal Assistant Grand Total: Blended Rate: Hourly Billing Rate Total Hours Billed Total Compensation
Anthony C. Marino
$45000 $300.00 $185.00 $28,017.50 $268.40
2.9 69.00 32.50
$1,305.00 $20,700.00 $6,012.50
Lynn G. Wolf Chantelle C. Boudreaux
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COMPENSATION BY CATEGORY
Asset Disposition Bankruntcv Litigation Business Operations LClaims Admin/Objections I Compensation of Professionals/Fees
5.11 78.4 1
$1,620.00 $20.127.50
20.9
$6,270.00
EXPENSE SUMMARY
Legal Research
PACER,
ItI
SRSM may use one or more service providers. The service providers identified herein below are the primary service providers for the categories described.
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PACIFIC ENERGY RESOURCES LTD., et al., ) Debtors. ) Chapter 11 Case No. 09-10785(KJC) (Jointly Administered)
) ) / Objection Deadline: -fIf ,2010 at 4:00 p.m. Hearing bate: To be scheduled
SIXTH APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SCHULLY, ROBERTS, SLATTERY & MARINO, PLC, AS SPECIAL OIL & GAS AND TRANSACTIONAL COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR THE PERIOD FROM JUNE 1, 2010 THROUGH AUGUST 31, 2010 Pursuant to sections 330 and 331 of Title 11 of the United States Code (the "Bankruptcy Code"), Rule 2016 of the Federal Rules of Bankruptcy Procedure (collectively, the "Bankruptcy Rules"), and the Courts "Administrative Order Under 11 U.S.0 105(A) and 331 Establishing Procedures for Interim Compensation and Expense Reimbursement of Professionals and Committee Members," signed on April 15, 2009 (the "Administrative Order"), Schully, Roberts, Slattery & Marino, PLC ("SRSM" or the "Firm"), special oil & gas and transactional counsel to the debtors and debtors in possession ("Debtor"), hereby submits its Sixth Amended First Quarterly Application for Compensation and for Reimbursement of Expenses for the Period from June 1, 2 .010 through August 31, 2010 (the "Application"). By this Application SRSM seeks a quarterly interim allowance of compensation in the amount of $28,017.50 and actual and necessary expenses in the amount of $119.68 for a total
The Debtors in these cases, along with the last four digits of each of the Debtors federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of the Debtors is 111 W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
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allowance of $28,137.18 for the period June 1, 2010 through August 31, 2010 (the "Interim Period"). In support of this Application, SRSM respectfully represents as follows: Background 1. On March 9, 2009, (the "Petition Date"), the Debtors filed voluntary petitions for
relief under chapter 11 of the Bankruptcy Code. The Debtors continue in possession of their properties and continue to operate and manage their businesses as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. A trustee or examiner has been appointed in the Debtors chapter 11 cases. 2. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and
1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). 3. On April 15, 2009, the Court signed the Amended Administrative Order,
authorizing certain professionals ("Professionals") to submit monthly applications for interim compensation and reimbursement for expenses, pursuant to the procedures specified therein. The Administrative Order provides, among other things, that a Professional may submit monthly fee applications. If no objections are made within twenty (20) days after service of the monthly fee application the Debtor is authorized to pay the Professional eighty percent (80%) of the requested fees and one hundred percent (100%) of the requested expenses. Beginning with the period ending May 31, 2009, and continuing at three-month intervals, each Professional shall file and serve an interim application for allowance of the amounts sought in its monthly fee applications for that period. All fees and expenses paid are on an interim basis until final allowance by the Court. 4. The retention of SRSM, as special oil & gas and transactional counsel to the
Debtor, was approved effective as of the Petition Date by this Courts "Order Pursuant to Section
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327(a) of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure and Local Rule 2014-1 Authorizing the Employment and Retention of Schully, Roberts, Slattery & Marino, PLC as Counsel for the Debtors and Debtors in Possession Nunc Pro Tunc to the
Petition Date," entered on April 15, 2009 (the "Retention Order"). The Retention Order authorized SRSM to be compensated on an hourly basis and to be reimbursed for actual and necessary out-of-pocket expenses. Monthly Fee Applications Covered Herein 5. The Monthly Fee Applications for the periods June 1, 2010 through August 31,
2010 of SRSM have been filed and served pursuant to the Administrative Order. 6. On August 9, 2010, SRSM filed its Sixteenth Monthly Application of Schully,
Roberts, Slattery & Marino, PLC for Compensation and for Reimbursement of Expenses as Counsel to the Debtors and Debtors in Possession for the Period from June 1, 2010 through June 30, 2010 ("Tenth Monthly Fee Application") requesting $8,478.00 in fees and $0.00 in expenses. 7. Pursuant to the Administrative Order, SRSM has been paid $6,779.40 of the
$8,478.00 in fees and $-0- of the expenses requested in the Sixteenth Monthly Fee Application. 8. On September 9, 2010, SRSM filed its Seventeenth Monthly Application of
Schully, Roberts, Slattery & Marino, PLC for Compensation and for Reimbursement of Expenses as Counsel to the Debtors and Debtors in Possession for the Period from July 1, 2010 through July 31, 2010 ("Seventeenth Monthly Fee Application") requesting $10,300.00 in fees and $119.68 in expenses.
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9.
Pursuant to the Administrative Order, SRSM has been paid $8,240.40 of the
$10,300.50 in fees and $119.68 of the expenses requested in the Seventeenth Monthly Fee Application. 10. On November 2, 2010, SRSM filed its Eighteenth Monthly Application of
Schully, Roberts, Slattery & Marino, PLC for Compensation and for Reimbursement of Expenses as Counsel to the Debtors and Debtors in Possession for the Period from August 1, 2010 through August 30, 2010 ("Eighteenth Monthly Fee Application") requesting $9,239.00 in fees and $0 in expenses. 11. Pursuant to the Administrative Order, SRSM has been paid $7,391.20 of the
$9,239.00 in fees and $ -0- of the expenses requested in the Eighteenth Monthly Fee Application. 12. The Monthly Fee Applications covered by this Application contain detailed daily
time logs describing the actual and necessary services provided by SRSM during the Interim Period as well as other detailed information required to be included in fee applications.
Requested Relief
13.
By this Application, SRSM requests that the Court approve payment of one-
hundred percent (100%) of the fees and expenses incurred by SRSM during the Interim Period of June 1, 2010 through August 31, 2010. 14. At all relevant times, SRSM has been a disinterested person as that term is
defined in 101(14) of the Bankruptcy Code and has not represented or held an interest adverse to the interest of the Debtors. 15. All services for which compensation is requested by SRSM were performed for or
on behalf of the Debtors and not on behalf of any committee, creditor or other person. 16. SRSM has received no payment and no promises for payment from any source
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other than the Debtors for services rendered or to be rendered in any capacity whatsoever in connection with the matters covered by this Application. There is no agreement or understanding between SRSM and any other person other than the partners of SRSM for the sharing of compensation to be received for services rendered in this case. SRSM has received payments from the Debtors during the year prior to the Petition Date in the amount of $-O-, including the Debtors aggregate filing fees for these cases, in connection with its prepetition representation of the Debtors. SRSM was current as of the Petition Date, subject to a final reconciliation of the amount actually expended prepetition. Upon final reconciliation of the amount actually expended prepetition, any balance remaining from the prepetition payments to SRSM was credited to the Debtors and utilized as SRSMs retainer to apply to postpetition fees and expenses pursuant to the compensation procedures approved by this Court and the Bankruptcy Code. 17. The professional services and related expenses for which SRSM requests interim
allowance of compensation and reimbursement of expenses were rendered and incurred in connection with this case in the discharge of SRSMs professional responsibilities as attorneys for the Debtors in their chapter 11 case. SRSMs services have been necessary and beneficial to the Debtors and their estate, creditors and other parties in interest. 18. In accordance with the factors enumerated in section 330 of the Bankruptcy Code,
it is respectfully submitted that the amount requested by SRSM is fair and reasonable given (a) the complexity of the case, (b) the time expended, (c) the nature and extent of the services rendered, (d) the value of such services, and (e) the costs of comparable services other than in a case under the Bankruptcy Code. Moreover, SRSM has reviewed the requirements of Del. Bankr. LR 2016-2 and the Administrative Order and believes that this Application complies
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with such Rule and Order. WHEREFORE, SRSM respectfully requests that the Court enter an order, in the form attached hereto, providing that an interim allowance be made to SRSM for the period from June 1, 2010 through August 31, 2010 in the sum of $28,017.50, as compensation for necessary professional services rendered, and the sum of $119.68 for reimbursement of actual necessary costs and expenses, for a total of $28,137.18; that the Debtors be authorized and directed to pay to SRSM the outstanding amount of such sums; and for such other and further relief as may be just and proper. Dated: February , 2011 Schuily, Roberts, Slattery & Marino, PLC
AnthonC.MarinoarNo. LynnG.W(Bar .18230) 1100 PoydrasSireet, uite 1800 New Orleans, Louisiana Telephone: (504) 585-7800 Facsimile: (504) 585-7890
7)
Counsel for the Debtors and Debtors in Possession
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re:
)
)
Chapter 11 Case No. 09-10785(KJC) (Jointly Administered)
PACIFIC ENERGY RESOURCES LTD., et al., ) ) Debtors. )
)
Hearing Date: TBD Objection Deadline: March 14, 2011, at 4:00 p.m.
NOTICE OF FILING OF APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SCHULLY, ROBERTS, SLATTERY & MARINO, PLC AS SPECIAL OIL & GAS AND TRANSACTIONAL COUNSEL TO THE DEBTORS FOR THE FIFTH QUARTERLY PERIOD JUNE 1, 2010 THROUGH AUGUST 31, 2010 TO: (i) United States Trustee, (ii) the Debtors; (iii) counsel to the Debtors, (iv) counsel to the Official Committee of Unsecured Creditors; and (v) other service parties set forth in the Interim Compensation Procedures Order entered in this case. Schully, Roberts, Slattery & Marino, PLC ("Schully"), as special oil & gas and transactional counsel to Pacific Energy Resources Ltd.., et al. (the "Debtors") has filed the attached Application for Compensation and Reimbursement of Expenses of Schully, Roberts, Slattery & Marino, PLC, as Special Oil & Gas and Transactional Counsel to the Debtors and Debtors in Possession, for the Periodfrom June 1, 2010 through August 31, 2010 (the "Application") with the United States Bankruptcy Court for the District of Delaware, 824 Market Street, Wilmington, Delaware 19801 (the "Bankruptcy Court"). Pursuant to the Application, Schully seeks compensation for services rendered to the Debtors in the amount of $28,017.50
The Debtors in these cases, along with the last four digits of each of the Debtors federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of the Debtors is Ill W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
and reimbursement of costs incurred upon the Debtors behalf in the amount of $119.68 (the "Application") Objections or responses to the Application, if any, must be made in writing, filed with the United States Bankruptcy Court for the District of Delaware, Marine Midland Plaza, 824 Market Street, 3d Floor, Wilmington, Delaware 19801 no later than March 14, 2011, at 4:00 p.m. prevailing Eastern time.
Objections or other responses to the Application, if any, must also be served so that they are received not later than March 14, 2011, 4:00 p.m., prevailing Eastern time, by (a) the Debtors, (1) Pacific Energy Resources, 111 W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802, Attn: Gerry Tywoniuk, Senior VP & CFO and(2) Zolfo Cooper, 1166 Sixth Avenue, 24th Floor, New York, NY 10036, Attn: Scott W. Winn, Senior Managing Director; (b) counsel to the Debtors, (1) Pachulski Stang Ziehi & Jones LLP, 919 North Market Street, 17 1h Floor, Wilmington, DE 19899-8705, Attn: James E. ONeill, Esq.; Fax: 302-652-4400, e-mail: joneil1cpszilaw.com and (2) Pachuiski Stang Ziehi & Jones LLP, 10100 Santa Monica Blvd., I lh Floor, Los Angeles, CA 90067-4100; Attn: Ira D. Kharasch, Esq.; Fax: 310-201-0760, e-mail: ikharash@pszilaw.com (c) the Office of the United States Trustee, J. Caleb Boggs Federal Building, 844 N. King Street, Suite 2207, Lock Box 35, Wilmington, Delaware 19801, Attn: Joseph McMahon, Esq. and (d) counsel for the Official Committee of Unsecured Creditors (the "Committee"), (1) Steptoe & Johnson LLP, 2121 Avenue of the Stars, 28th Floor, Los Angeles, CA 90067; Attn: Katherine C. Piper, Esq., Fax: (310) 734-3173, e-mail: kpiper@steptoe.com and (2) Pepper Hamilton LLP, Hercules Plaza, Ste 5100, 1313 N. Market
Street, Wilmington, DE 19801; Attn: James C. Carignan, Esq., Fax: (302) 421-8390, e-mail: jcarignan(Zipepper1aw.com (the "Notice Parties") A HEARING ON THE APPLICATION shall occur on a date to be determined before The Honorable Kevin J. Carey, at the United States Bankruptcy Court, 824 Market Street, 5th Floor, Courtroom No. 5, Wilmington, Delaware. IF YOU FAIL TO RESPOND OR OBJECT IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE APPLICATION WITHOUT FURTHER NOTICE OR HEARING. Dated: February 21, 2011 PACHULSKI STANG ZIEHL & JONES LLP
Is! James E. ONeill Ira D. Kharasch (CA Bar No. 109084) ScottaE. McFarland (DE Bar No. 4184, CA Bar No. 165391) Robert M. Saunders (CA Bar No. 226172) James E. ONeill (DE Bar No. 4042) Kathleen P. Makowski (DE Bar No. 3648) 919 North Market Street, l7" Floor P.O. Box 8705 Wilmington, DE 19899-8705 Telephone: 302/652-4100 Facsimile: 310/652-4400 Email: ikharaschpszjlaw.com smcfarland@pszjlaw.com rsaunders@pszjlaw.com joneill(pszjlaw.com kmakowski@pszjlaw.com Counsel for Debtors and Debtors in Possession.
68773-002\DOCS_DE: 166408A
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE lure: )
)
Chapter 11
PACIFIC ENERGY RESOURCES LTD., et al., ) Case No. 09-10785(KJC) (Jointly Administered) ) Debtors. ) , 2010 at 4:00 p.m. Objection Deadline: Hearing Date: To be scheduled ORDER GRANTING SIXTH QUARTERLY APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SCHULLY, ROBERTS, SLATTERY & MARINO, PLC, AS COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR THE PERIOD FROM JUNE 1, 2010 THROUGH AUGUST 31, 2010 Schully, Roberts, Slattery & Marino, PLC ("SRSM"), as counsel for the Debtor in the above-captioned case, filed a Sixth Quarterly application for allowance of compensation and reimbursement of expenses for June 1, 2010 through August 31, 2010 (the "Sixth Quarterly Application"). The Court has reviewed the Sixth Quarterly Application and finds that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; (b) notice of the Sixth Quarterly Application, and any hearing on the Sixth Quarterly Application, was adequate under the circumstances; and (c) all persons with standing have been afforded the opportunity to be heard on the Sixth Quarterly Application. Accordingly, it is hereby ORDERED that the Sixth Quarterly Application is GRANTED, on an interim basis. Debtors in the above cases shall pay to SRSM the sum of $28,017.50, for reimbursement of
actual necessary costs and expenses, $119.68 as compensation for necessary professional services rendered, for a total of $28,137.18 for services rendered and disbursements incurred by
The Debtors in these cases, along with the last four digits of each of the Debtors federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of the Debtors is 111 W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
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SRSM for the period June 1, 20 10 through August 31, 2010. Dated:_______ United States Bankruptcy Judge
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