Commodity Futures Trading Comm, et al v. Rust Rare Coin, et al
| TALLY JOHNSON and ANDREW JOHNSON |
| JONATHAN O. HAFEN |
| COMMODITY FUTURES TRADING COMMISSION and STATE OF UTAH DIVISION SECURITIES, through Attorney General, Sean D. Reyes |
| DENISE GUNDERSON RUST, GAYLEN DEAN RUST, RUSTY RARE COIN, a Utah corporation, JOSHUA DANIEL RUST, ALEESHA RUST FRANKLIN and RUST RARE COIN, a Utah corporation |
| 19-4100 |
| July 18, 2019 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Commodity Futures Trading Comm v. Rust Rare Coin |
Docket Report
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This docket was last retrieved on July 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| [10752040] Mandate issued. [19-4100] [Entered: 07/06/2020 08:10 AM] |
| [10739194] Affirmed. Terminated on the merits after submissions without oral hearing. Written, signed, unpublished; Judges Briscoe, Lucero, authoring judge and Hartz. Mandate to issue. [19-4100] [Entered: 05/11/2020 08:35 AM] |
| [10739191] Order filed by Briscoe, Lucero and Hartz denying Appellants' motion to reconsider filed by Andrew Johnson and Tally Johnson. Served on 05/11/2020. Text only entry - no attachment. See Order and Judgment. [19-4100] [Entered: 05/11/2020 08:31 AM] |
| [10710424] Miscellaneous correspondence received from Andrew Johnson but not filed. Original. [19-4100] [Entered: 01/16/2020 12:06 PM] |
| [10706792] Order filed by Clerk of the Court referring Appellants' "Motion to Reconsider Order Denying December 23, 2019 Response to CFTC's Answer," to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 01/02/2020. [19-4100]--[Edited 01/09/2020 by JM to edit docket text.] [Entered: 01/02/2020 05:06 PM] |
| [10706787] Appellant's motion filed by Andrew Johnson and Tally Johnson to reconsider the clerk's December 23, 2019 order [ # 10704951-2 ]. Manner of Service: US mail. [19-4100] [Entered: 01/02/2020 04:38 PM] |
| [10704935] Response to CFTC's answer to appellants' brief, affidavit of damages and deprivation of due process received from Andrew Johnson and Tally Johnson but not filed per the order of 12/23/2019. Served on 12/18/2019. Manner of Service: US mail. [19-4100] [Entered: 12/23/2019 03:29 PM] |
| [10704951] Order filed by Clerk of the Court regarding appellants' response to CFTC's answer to appellants' brief, affidavit of damages and deprivation of due process. Appellants already filed a reply brief and any reply brief was due on 12/16/2019. The response will be shown as received and not filed. Served on 12/23/2019. [19-4100] --[Edited 04/14/2020 by SLS to re-attach order to docket entry.] [Entered: 12/23/2019 03:46 PM] |
| [10701666] Appellants' reply brief filed by Andrew Johnson and Tally Johnson. Original only. Clerk made 4 copies. Served on 12/08/2019. Manner of Service: US mail. [19-4100] [Entered: 12/11/2019 03:14 PM] |
| [10697892] Minute order filed - Appellants' optional reply brief now due 12/16/2019 for Andrew Johnson and Tally Johnson. (Text Only - No Attachment) [19-4100] [Entered: 11/25/2019 02:20 PM] |
| [10697056] Errata sheet filed by Commodity Futures Trading Commission to Brief of Appellee U.S. Commodity Futures Trading Commission. 7 paper copies to be provided to the court. Served on 11/21/2019. Manner of Service: US mail. [19-4100] RB [Entered: 11/21/2019 12:39 PM] |
| [10695891] Notice of appellee's deficient brief received from Commodity Futures Trading Commission. Type of deficiency: Brief: missing order appealed and ECF compliance certifications; Appendix missing ECF compliance certifications. See attached letter for specifics. Appellee's corrections to brief and supplemental appendix now due 11/29/2019 for Commodity Futures Trading Commission [19-4100] [Entered: 11/18/2019 02:16 PM] |
| [10695140] Appellee's appendix filed by Commodity Futures Trading Commission. Total number of volumes filed:. Served on 11/14/2019. Manner of Service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] RB [Entered: 11/14/2019 02:05 PM] |
| [10695272] Notice of Joinder in Appellee Commodity Futures Trading Commission's Brief filed by State of Utah Division Securities. Served on 11/14/2019 by email, US mail. [19-4100] --[Edited docket event and text 11/14/2019 by SLS.] SEP [Entered: 11/14/2019 04:26 PM] |
| [10695138] Appellee/Respondent's brief filed by Commodity Futures Trading Commission. 7 (Counseled) paper copies to be provided to the court. Served on: 11/14/2019. Manner of service: US mail. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] --[Edited 11/25/2019 by DJD to attach Errata Sheet] RB [Entered: 11/14/2019 02:02 PM] |
| [10689102] Notice of non-participation filed by Corey D. Riley for Joshua Daniel Rust. Date of Service: 10/22/2019. Manner of Service: email, US mail. [19-4100] CDR [Entered: 10/22/2019 03:01 PM] |
| [10688788] Notice of non-participation filed by Sean N. Egan for Aleesha Franklin. Date of Service: 10/21/2019. Manner of Service: email, US mail. [19-4100] SNE [Entered: 10/21/2019 04:15 PM] |
| [10687877] Appellee's supplemental appendix filed by Mr. Jonathan O. Hafen. Total number of volumes filed: 1. Served on 10/17/2019. Manner of Service: US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] --[Edited 10/18/2019 by DJD to correct event and modify text] CL [Entered: 10/17/2019 01:02 PM] |
| [10687876] Appellee/Respondent's brief filed by Mr. Jonathan O. Hafen. 7 (Counseled) paper copies to be provided to the court. Served on: 10/17/2019. Manner of service: US mail. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] CL [Entered: 10/17/2019 12:59 PM] |
| [10687513] Deficiency notice issued. Appellees' brief(s) now due 10/28/2019 for Denise Gunderson Rust, and Joshua Daniel Rust. [19-4100]--[Edited 10/22/2019 by DJD to remove Aleesha Rust Franklin] [Entered: 10/16/2019 01:33 PM] |
[10686466] Order filed by Judges Bacharach and Phillips granting attorney motion to extend time their response brief until 11/14/2019 for State of Utah Division Securities. Served on 10/11/2019. [19-4100] [Entered: 10/11/2019 07:11 AM]
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| [10686157] Supplement filed by State of Utah Division Securities to Motion for Extension of Time to File Response Brief. Served on 10/10/2019. Manner of Service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] SEP [Entered: 10/10/2019 10:10 AM] |
| [10685659] Order filed by Clerk of the Court taking under advisement subject to compliance with Rule 27.1 Appellee Utah Division of Securities' motion to extend time to file its response brief. Appellee is directed to supplement its motion with a statement of Appellants' position or why Appellee was unable to learn Appellants' position on the relief requested. Appellee's brief remains due 10/15/19. Served on 10/09/2019. [19-4100] [Entered: 10/09/2019 08:57 AM] |
| [10685569] Motion filed by Appellee State of Utah Division Securities to extend time to file appellee/respondent's brief until 11/14/2019. Served on: 10/08/2019. Manner of service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] SEP [Entered: 10/08/2019 04:28 PM] |
| [10685004] Notice of appellee's deficient brief and appendix received from Mr. Jonathan O. Hafen. See attached letter for specifics. Appellee's brief and supplemental appendix now due 10/17/2019 for Jonathan O. Hafen. [19-4100] [Entered: 10/07/2019 01:26 PM] |
| [10685128] Objection filed by Andrew Johnson and Tally Johnson to Order granting Appellee's motion of extension of time to file the answer brief. Original only. Served on 10/02/2019. Manner of Service: US mail. [19-4100] [Entered: 10/07/2019 03:26 PM] |
| This entry has been removed from the docket. Refiled 10/17/19 [DD] [10684381] Supplemental appendix filed by Mr. Jonathan O. Hafen. Total number of volumes filed: 1. Served on 10/03/2019. Manner of Service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] CL [Entered: 10/03/2019 04:01 PM] |
| This entry has been removed from the docket. Refiled 10/17/19 [DD] [10684379] Appellee/Respondent's brief filed by Mr. Jonathan O. Hafen. 7 (Counseled) paper copies to be provided to the court. Served on: 10/03/2019. Manner of service: US mail. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] CL [Entered: 10/03/2019 03:59 PM] |
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[10681768] Order filed by Judges Bacharach and Phillips granting Appellee U.S. Commodity Futures Trading Commission's motion for 30-day extension of time to file brief. Response brief now due 11/14/2019 for Commodity Futures Trading Commission. Served on 09/26/2019. [19-4100] [Entered: 09/26/2019 09:03 AM]
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| [10680655] Motion filed by Appellee Commodity Futures Trading Commission to extend time to file appellee/respondent's brief until 11/15/2019. Served on: 09/23/2019. Manner of service: US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4100] RB [Entered: 09/23/2019 02:31 PM] |
| [10679006] Appellants' brief filed by Andrew Johnson and Tally Johnson. Served on 09/11/2019 by US mail. Required 10th Cir. R. 28.2 Attachments Included? n. Appellees' brief due 10/15/2019 for Commodity Futures Trading Commission, Denise Gunderson Rust, State of Utah Division Securities, Jonathan O. Hafen, Joshua Daniel Rust and Aleesha Rust Franklin. [19-4100] --[Edited 09/23/2019 by DD to correct ddl for response brief to 10/15/19]--[Edited 09/23/2019 by DD to remove Gaylen Dean Rust as he filed a notice of non-participation] [Entered: 09/17/2019 11:01 AM] |
| [10677291] Entry of appearance filed by Andrew Johnson and Tally Johnson. CERT. OF INTERESTED PARTIES: y. Served on 09/04/2019. Manner of Service: US mail. [19-4100] [Entered: 09/10/2019 11:33 AM] |
| [10675963] Notice of non-participation filed by Gaylen Dean Rust. Served on 09/04/2019 by email. [19-4100] --[Edited 09/04/2019 by SLS to correct docket event and text.] JS [Entered: 09/04/2019 03:14 PM] |
| [10673746] Deficiency notice issued. Notice of appearance now due on 09/06/2019 for Andrew Johnson and Tally Johnson. [19-4100] [Entered: 08/27/2019 09:07 AM] |
| [10668873] Record on appeal filed. No. of Volumes: 1, Comments: Volume 1 pleadings. [19-4100] [Entered: 08/07/2019 08:27 AM] |
| [10668779] Fee paid. Date paid in District Court on 08/06/2019. Text only entry; no document attached. [19-4100] [Entered: 08/06/2019 03:01 PM] |
| [10668782] Jurisdictional review complete. Appellants' brief due on 09/16/2019 for Andrew Johnson and Tally Johnson. Record on appeal due for 10th circuit 08/27/2019. [19-4100] [Entered: 08/06/2019 03:03 PM] |
| [10667848] Deficiency notice issued. Notice of appearance now due on 08/12/2019 for Denise Gunderson Rust, Gaylen Dean Rust and Aleesha Rust Franklin. [19-4100] [Entered: 08/02/2019 11:09 AM] |
| [10667772] Entry of appearance filed by Corey D. Riley and Andrew Graham Deiss for Joshua Daniel Rust. CERT. OF INTERESTED PARTIES: n. Served on 08/01/2019. Manner of Service: US mail, email [19-4100] [Entered: 08/02/2019 08:10 AM] |
| [10667749] Entry of appearance submitted by Andrew G. Deiss and Corey D. Riley for Appellee Joshua Daniel Rust for court review. Certificate of Interested Parties: No. Served on 08/01/2019. Manner of Service: email. [19-4100] --[Edited 08/02/2019 by DD. Removed PDF as pleading filed 8/2/19] AGD [Entered: 08/01/2019 07:10 PM] |
| [10667303] Entry of appearance submitted by Raagnee Beri for Appellee Commodity Futures Trading Commission for court review. Certificate of Interested Parties: Yes. Served on 07/30/2019. Manner of Service: email, US mail. --[Edited 07/31/2019 by MLB to remove pdf form docket; entry filed on 7/31/19][19-4100] RB [Entered: 07/31/2019 02:09 PM] |
| [10667307] Entry of appearance filed by Ms. Raagnee Beri for Commodity Futures Trading Commission. CERT. OF INTERESTED PARTIES: y (some parties previously disclosed). Served on 07/31/2019. Manner of Service: email, US mail [19-4100] [Entered: 07/31/2019 02:15 PM] |
| [10666728] Entry of appearance submitted by Cynthia D. Love; Joseph M.R. Covey for Appellee Mr. Jonathan O. Hafen for court review. Certificate of Interested Parties: No. Served on 07/30/2019. Manner of Service: email, US mail. --[Edited 07/30/2019 by MLB to remove pdf from docket; entry filed on 7/30/19][19-4100] CL [Entered: 07/30/2019 08:37 AM] |
| [10666734] Entry of appearance filed by Joseph M.R. Covey and Ms. Cynthia Love for Mr. Jonathan O. Hafen. CERT. OF INTERESTED PARTIES: n. Served on 07/30/2019. Manner of Service: email, US mail [19-4100] [Entered: 07/30/2019 08:44 AM] |
| [10666160] Entry of appearance submitted by Stanford E. Purser, Robert G. Wing for Appellee State of Utah Division Securities for court review. Certificate of Interested Parties: No. Served on 07/26/2019. Manner of Service: email, US mail. [19-4100]--[Edited 07/26/2019 by JM to remove PDF filed by the court on 7/26/19.] SEP [Entered: 07/26/2019 02:19 PM] |
| [10666183] Entry of appearance filed by Mr. Stanford E. Purser and Mr. Robert G. Wing for State of Utah Division Securities. CERT. OF INTERESTED PARTIES: n. Served on 07/26/2019. Manner of Service: US mail. [19-4100] [Entered: 07/26/2019 02:48 PM] |
| [10664300] Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/18/2019 Fee or ifp forms due 08/19/2019 for Andrew Johnson and Tally Johnson. Notice of appearance due on 08/01/2019 for Commodity Futures Trading Commission, Jonathan O. Hafen, Denise Gunderson Rust, Gaylen Dean Rust, Joshua Daniel Rust, Aleesha Rust Franklin and State of Utah Division Securities, and Notice of appearance due on 08/19/2019 for Andrew Johnson and Tally Johnson. [19-4100] [Entered: 07/18/2019 04:11 PM] |
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