Tomar, LLC v. Encore D.E.C., LLC, et al.
| TOMAR, LLC |
| ENCORE D.E.C., LLC, RESC RENEWABLES HOLDINGS, LLC, RANDALL E. SOULE, RESC, LLC, GL PART SPV I, LLC, GREATER NEVADA COMMERCIAL LENDING, LLC, GREATER NEVADA CREDIT UNION and SCOT A. CONNER |
| 26-858 |
| February 12, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Securities, Commodities, Exchange |
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Filing 40
ORDER FILED. The panel unanimously finds that the facts and legal arguments in this case are adequately presented in the briefs and record, and that the decisional process would not be significantly aided by oral argument. Pursuant to Fed. R. App. P. 34(a)(2), it is therefore ORDERED that the case be submitted on the briefs and the record, without oral argument, on September 15, 2026, in Phoenix, Arizona. [Entered: 08/03/2026 01:38 PM]
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Filing 39
ORDER FILED. The court has received the Notice of Bankruptcy filed by Defendant-Appellant Encore D.E.C., LLC (Encore). Dkt. No. 35. Pursuant to 11 U.S.C. 362(a)(1), this appeal is hereby STAYED as to Encore. See, e.g., Parker v. Bain, 68 F.3d 1131, 1136 (9th Cir. 1995) (providing that Section 362 operates to stay all appeals in proceedings that were originally brought against the debtor even where the debtor is the appellant (emphasis and citations omitted)). As to the remaining parties, the proceedings will continue unabated. [Entered: 07/16/2026 09:20 AM]
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| Filing 38 NOTICE OF ORAL ARGUMENT on Tuesday, September 15, 2026 - 09:30 A.M. - ASU Phx Great Hall - Scheduled Location: Arizona State U Phoenix View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [26-858] [Entered: 07/07/2026 12:02 PM] |
| Filing 37 ACKNOWLEDGMENT of hearing notice filed by Jacob F. Hollars for Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. Hearing in ASU Law - W. P. Carey Armstrong Great Hall in Phoenix, on 9/15/2026 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 07/05/2026 09:00 PM] |
| Filing 36 NOTICE OF ORAL ARGUMENT on Tuesday, September 15, 2026 - 09:00 A.M. - ASU Phx Great Hall - Scheduled Location: Arizona State U Phoenix View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [26-858] [Entered: 07/05/2026 12:03 PM] |
| Filing 35 NOTICE of Suggestion of Bankruptcy Stay filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 06/18/2026 10:01 AM] |
| Filing 34 CLERK ACTION: Reply Brief submitted at DE 33 by Appellants Encore D.E.C., LLC and Randall E. Soule is filed. No paper copies are required. [Entered: 05/28/2026 05:03 PM] |
| Filing 33 REPLY BRIEF submitted for filing by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 05/28/2026 02:11 PM] |
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Filing 32
ORDER FILED. The motion (Docket Entry No. 29) for an extension of time to file the reply brief is granted. The optional reply brief is due May 28, 2026. [Entered: 05/19/2026 03:56 PM]
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| Filing 31 REPLY to Response to Motion for Judicial Notice (DE 27) filed by Appellee Tomar, LLC. [COURT ENTERED FILING to correct DE 30.] [Entered: 05/14/2026 02:49 PM] |
| Filing 30 DEFECTIVE---SUPPLEMENT to Motion for Judicial Notice (DE 22) filed by Appellee Tomar, LLC. [Wrong filing type used, correct entry is DE 31.] [Entered: 05/14/2026 02:36 PM] [Edited: 05/14/2026 02:51 PM] |
| Filing 29 MOTION to Extend Time to File Brief filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 05/14/2026 01:37 PM] |
| Filing 28 NOTICE: This case is being considered for an upcoming oral argument calendar in Phoenix. Please review the Phoenix sitting dates for September 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [26-858] [Entered: 05/12/2026 11:22 AM] |
| Filing 27 RESPONSE to Motion for Judicial Notice (DE 22) filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 05/07/2026 08:04 AM] |
| Filing 26 CLERK ACTION: Excerpts of Record submitted at DE 25 by Appellee Tomar, LLC are filed. No paper copies are required. [Entered: 05/01/2026 08:42 AM] |
| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellee Tomar, LLC. [Entered: 04/30/2026 03:36 PM] |
| Filing 24 CLERK ACTION: Answering Brief submitted at DE 23 by Appellee Tomar, LLC is filed. No paper copies are required. [Entered: 04/30/2026 03:27 PM] |
| Filing 23 ANSWERING BRIEF submitted for filing by Appellee Tomar, LLC. [Entered: 04/30/2026 03:14 PM] |
| Filing 22 MOTION for Judicial Notice filed by Appellee Tomar, LLC. [Entered: 04/30/2026 01:19 PM] |
| Filing 21 ADDED Counsel for Appellee Julia Oksasoglu [Entered: 04/30/2026 10:16 AM] |
| Filing 20 NOTICE OF APPEARANCE by Julia Oksasoglu for Appellee Tomar, LLC. [Entered: 04/30/2026 08:55 AM] |
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Filing 19
ORDER FILED. The motion (Docket Entry No. 16) for an extension of time to file the answering brief is granted in part. The answering brief is due April 30, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 04/09/2026 03:23 PM]
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| Filing 18 REPLY to Response to Motion to Extend Time (DE 17) filed by Appellee Tomar, LLC. [Entered: 04/07/2026 10:30 AM] |
| Filing 17 RESPONSE to Motion to Extend Time to File Brief (DE 16) filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 04/06/2026 03:21 PM] |
| Filing 16 MOTION to Extend Time to File Brief filed by Appellee Tomar, LLC. [Entered: 03/27/2026 04:52 PM] |
| Filing 15 ADDED Counsel for Appellee Abraham Gordon Smith [Entered: 03/27/2026 04:45 PM] |
| Filing 14 NOTICE OF APPEARANCE by Abraham Gordon Smith for Appellee Tomar, LLC. [Entered: 03/27/2026 04:01 PM] |
| Filing 13 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 11, DE 12 by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule are filed. No paper copies are required. [Entered: 03/13/2026 10:04 AM] |
| Filing 12 EXCERPTS OF RECORD submitted for filing by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 03/12/2026 11:54 AM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 03/12/2026 11:44 AM] |
| Filing 10 ADDED Counsel for Appellant Jacob F. Hollars [Entered: 03/06/2026 10:34 AM] |
| Filing 9 NOTICE OF APPEARANCE by Jacob F. Hollars for Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 03/06/2026 10:14 AM] |
| Filing 8 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 03/06/2026 10:03 AM] |
| Filing 7 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Tomar, LLC. [Entered: 02/26/2026 03:11 PM] |
| Filing 6 NOTICE OF APPEARANCE by Matthew Smith for Appellee Tomar, LLC. [Entered: 02/26/2026 03:02 PM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. [Entered: 02/26/2026 01:35 PM] |
| Filing 4 MEDIATION ORDER: By 3/4/2026, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 02/24/2026 11:32 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Encore D.E.C., LLC, Appellant Randall E. Soule. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 02/16/2026 12:39 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Opening Brief Due (Appellant) 3/12/2026, Mediation Questionnaire due (Appellant) 2/17/2026, Preliminary Injunction Answering Brief Due (Appellee) 4/9/2026. For appeal no. 26-858, 3:25-cv-00754-MMD-CLB.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 02/12/2026 10:56 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-00754-MMD-CLB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-858 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/12/2026 10:50 AM] |
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