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Case 09-00982-JDP

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Jeremy J. Gugino Chapter 7 Trustee 111 Broadway Suite 101 PMB 222 Boise, ID 83702 Telephone: (208) 514-7623 [email protected] IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF IDAHO

In the matter of: UGOBE, INC.

Debtor(s)

) ) ) ) ) ) )

CHAPTER 7 Case No.: 09-00982-JDP TRUSTEE'S APPLICATION FOR AN ORDER APPROVING THE EMPLOYMENT OF SPECIAL COUNSEL

Notice of Application to Employ Special Counsel and Opportunity to Object and for a Hearing No Objection. The Court may consider this request for an order without further notice or hearing unless a party in interest files an objection within 21 days of the date of this notice. If an objection is not filed within the time permitted, the Court may consider that there is no opposition to the granting of the requested relief and may grant the relief without further notice or hearing. Objection. Any objection shall set out the legal and/or factual basis for the objection. A copy of the objection shall be served on the movant. Hearing on Objection. The objecting party shall also contact the court's calendar clerk to schedule a hearing on the objection and file a separate notice of hearing.

Application COMES NOW the Chapter 7 Trustee, Jeremy J. Gugino ("Trustee"), and hereby applies to the court, pursuant to Title 11, U.S.C. §327 and Federal Rule of Bankruptcy Procedure 2014(a), to approve employment of Ken Pedersen as special counsel for the Trustee on the following terms

TRUSTEE'S APPLICATION TO EMPLOY SPECIAL COUNSEL 09-00982 JDP

Case 09-00982-JDP

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and conditions set forth herein below. The Chapter 7 Trustee respectfully represents the following in support of his application: 1. Bankruptcy Petition: On 04/17/09, UGOBE, INC. and (the "Debtor") filed for

relief under Chapter 7 of the U.S. Bankruptcy Code. 2. Appointment of Trustee: The Trustee was thereafter appointed to administer the

Chapter 7 bankruptcy proceeding. 3. Name and address of Special Counsel ("Special Counsel"): a) Firm Name: Pedersen and Co. b) Attorney Name: Ken Pedersen c) Address: 1410 North 28th Street, Boise, ID 83703 d) Phone number: 208-343-6355 4. Compensation: a) Hourly Rate: Trustee is informed that the normal hourly billing rate of Special Counsel at the time of this application is $250.00 per hour for partners, $160.00 for associates, $160.00 per hour for patent agents, $60-$120 per hour for Technical associates and $60.00 per hour for paralegals/legal assistants. It is contemplated that Special Counsel will seek compensation based upon normal and usual hourly billing rates. It is further contemplated that Special Counsel may seek interim compensation during the case as permitted by 11 U.S.C., § 331.

b) Expenses Incurred: To include, but not limited to: court filing fees; fees for service of any pleading or document; witness fees; travel and lodging; photocopy expenses; expert witness fees; telephone charges; and charges for reporting and transcribing of depositions. 5. Necessity of Employment: The Trustee needs to employ Special Counsel to assist him

with the registration/renewal of several trademarks owned by the Debtor as well as the possible sale/transfer of said trademarks and patents.

TRUSTEE'S APPLICATION TO EMPLOY SPECIAL COUNSEL 09-00982 JDP

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6.

Reason for Selection of Special Counsel: The Trustee has determined that Special

Counsel has the expertise and skill to negotiate settlement of this issue or, in the alternative, to pursue prosecution of this claim. 7. Contract with Special Counsel: That attached hereto is a true and correct copy of the

proposed contract to be entered into between the Trustee and Special Counsel. 8. Special Counsel Connections to Parties in Interest: To the best of the Trustee's

knowledge, Special Counsel is a disinterested person, and does not hold an interest adverse to the bankruptcy estate with respect to the matter for which Special Counsel is to be employed. In addition, to the best of the Trustee's knowledge, Special Counsel does not have any connections with the Debtor, with a creditor of the bankruptcy estate, any other party in interest, their respective attorneys and accountants, the U.S. Trustee or any person employed in the office of the U.S. Trustee in relation to this bankruptcy proceeding. 9. Disinterested Person: Trustee believes that Special Counsel and its members and

associates, do not hold or represent any interest adverse to that of the Trustee or the Debtor's estate and that said law firm is a disinterested person within the meaning of 11 U.S.C., §101(13). WHEREFORE, the Chapter 7 Trustee requests that he be authorized to employ Special Counsel to render the services described in this application with compensation to be paid as an administrative expense in such amounts as the court may hereafter determine are just and reasonable. DATED: 4/27/2009

/S/ Jeremy J. Gugino Jeremy J. Gugino Chapter 7 Bankruptcy Trustee

TRUSTEE'S APPLICATION TO EMPLOY SPECIAL COUNSEL 09-00982 JDP

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CERTIFICATE OF SERVICE

I hereby certify that on this date as indicated below, I electronically filed the CHAPTER 7 TRUSTEE'S APPLICATION FOR AN ORDER APPROVING THE EMPLOYMENT OF SPECIAL COUNSEL with the Clerk of the Court using the CM/ECF system which sent a Notice of Electronic Filing to the individual(s) so noted below. I further certify that, on the same date, I have mailed the United States Postal Service the forgoing document to the following non-CM/ECF Registered Participant(s) either listed below or on the attached list. *Electronic Notification

U.S. TRUSTEE ECF: [email protected]

CHRISTINE MICHELLE SALMI 251 EAST FRONT STREET, SUITE 4 BOISE, ID 83702-7310

Served by U.S. MAIL

UGOBE, INC. Attn: Bruce MacIntyre - Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099

Pedersen and Co. Attn: Ken Pedersen 1410 North 28th Street Boise, ID 83703

DATED: 4/27/2009

/s/ Jeremy J. Gugino Jeremy J. Gugino Trustee

TRUSTEE'S APPLICATION TO EMPLOY SPECIAL COUNSEL 09-00982 JDP

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APPLICATION TO EMPLOY SPECIAL COUNSEL.DOC