Commodity Futures Trading Commission v. Evans et al
Plaintiff: Commodity Futures Trading Commission
Defendant: William S. Evans, Frances Evans, William S. Evans doing business as Turning Point Investments, William S. Evans, III and William S. Evans, III doing business as Turning Point Investments
Case Number: 5:2020cv00226
Filed: May 28, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Claria Horn Boom
Nature of Suit: Securities/Commodities
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2020 Opinion or Order Filing 20 ORDER: 1. #19 Proposed Agreed Order is GRANTED; 2. Defendant William S. Evans, III and Relief Defendant Frances Evans are hereby permitted to take all reasonable steps necessary to market and sell at fair market value: (a) the real property located at 906 Chimney Rock Road, Harrodsburg, Kentucky; (b) the boat dock appurtenant to 906 Chimney Rock Road, Harrodsburg, Kentucky; (c) any and all furnishings contained in 906 Chimney Rock Road, Harrodsburg, Kentucky; and (d) a 2016 Sea Ray, Model 21 SPX boat bearing Kentucky Registration Number KY-0745-JA; 3. After deductions are made for taxes, lien payoffs, closing costs, marketing fees, and other reasonable expenses necessary to market and sell the above-listed items of real and personal property, all net sale proceeds shall be deposited directly into Defendant William S. Evans, III's counsel's attorney escrow account and shall remain on deposit in that account pending further orders of the Court. Neither Defendant nor Relief Defendant may themselves receive, no matter how momentarily, the net sale proceeds described in this order. Signed by Judge Claria Horn Boom on 7/17/2020.(STC)cc: COR
July 16, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #19 Proposed Agreed Order (JJ)
July 15, 2020 Filing 19 NOTICE OF FILING by Frances Evans Proposed Agreed Order to Liquidate Assets (Marshall, Brandon) Modified to add motion on 7/16/2020 (JJ).
June 18, 2020 Opinion or Order Filing 18 ORDER granting #3 MOTION for Preliminary Injunction by Commodity Futures Trading Commission as set out in the Consent Preliminary Injunctions. Signed by Judge Claria Horn Boom on 6/18/20.(JLM)cc: COR
June 18, 2020 Opinion or Order Filing 17 Consent Order for Preliminary Injunction Against Relief Defendant Frances Evans. Signed by Judge Claria Horn Boom on 6/18/20. (JLM)cc: COR
June 18, 2020 Opinion or Order Filing 16 Consent Order for Preliminary Injunction Against Defendant William S. Evans, III, Individually and d/b/a Turning Point Investments. Signed by Judge Claria Horn Boom on 6/18/20. (JLM)cc: COR
June 16, 2020 Opinion or Order Filing 15 ORDER Cancelling Preliminary Injunction Hearing. This matter is before the Court on its own motion to cancel the Preliminary Injunction Hearing in light of the filing of the Proposed Consent Preliminary Injunctions [R. #14 - 1; R. #14 -2]. Accordingly, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED as follows: 1. The Preliminary Injunction Hearing currently set for Wednesday June 17, 2020 at 10:00 a.m. is REMANDED from the Court's docket. Signed by Judge Claria Horn Boom on 6/16/20.(JLM)cc: COR,D
June 16, 2020 Filing 14 JOINT MOTION for Preliminary Injunction by Commodity Futures Trading Commission (Attachments: #1 Proposed Order William Evans, #2 Proposed Order Frances Evans)(Haan, Candice)
June 16, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #14 JOINT MOTION for Preliminary Injunction by Commodity Futures Trading Commission (JLM)
June 12, 2020 Filing 13 WAIVER OF SERVICE Returned Executed by Commodity Futures Trading Commission. Frances Evans waiver sent on 6/2/2020, answer due 8/3/2020. (Haan, Candice)
June 12, 2020 Filing 12 WAIVER OF SERVICE Returned Executed by Commodity Futures Trading Commission. William S. Evans, III waiver sent on 6/2/2020, answer due 8/3/2020. (Haan, Candice)
June 5, 2020 Opinion or Order Filing 11 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/5/2020, re #3 MOTION for Preliminary Injunction by Commodity Futures Trading Commission before Judge Claria Horn Boom: 1. The Preliminary Injunction Hearing currently set for Wednesday, June 10, 2020 is REMANDED from the Court's calendar. The Preliminary Injunction Hearing is RESCHEDULED for Wednesday, June 17, 2020, at the hour of 10:00 a.m., before the Honorable Claria Horn Boom, United States District Judge, at the United States Courthouse in Lexington, Kentucky. 2. The Preliminary Injunction Hearing shall be conducted in person. 3. Plaintiff's oral motion to unseal the Ex Parte Statutory Restraining Order is GRANTED. The Clerk of Court is DIRECTED to unseal the Ex Parte Statutory Restraining Order #8 . Signed by Judge Claria Horn Boom. (Tape #KYED-LEX__5-20-cv-228-CHB.) (STC)cc: COR,D (Main Document 11 replaced on 6/8/2020) (STC). Modified Tape No. on 6/8/2020 (STC).
June 4, 2020 Filing 10 NOTICE OF APPEARANCE by Frances Evans. (Marshall, Brandon)
June 4, 2020 Filing 9 NOTICE of Appearance by Andrew Louis Sparks on behalf of William S. Evans, III, William S. Evans, III (Sparks, Andrew)
June 3, 2020 NOTICE OF MANDATORY ECF DIRECTED TO David A. Terrell, Robert T. Howell, and Scott R. Williamson: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #8 Order on Exparte Motion. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, David A. Terrell, Robert T. Howell, and Scott R. Williamson by US Mail with ECF Registration Form (JJ)
May 29, 2020 Opinion or Order Filing 8 STATUTORY RESTRAINING ORDER re #5 Ex parte Motion. Signed by Judge Claria Horn Boom on 5/29/2020 cc: to Filing Attorney only: service by U.S. Mail on paper. (JJ)cc: COR,D Modified on 6/5/2020 (STC).
May 29, 2020 Opinion or Order Filing 7 ORDER: 1. The Commission's Motion for Expedited Discovery [R. #4 ] is GRANTED. 2. The Commission is granted leave to conduct expedited discovery, including the following listed within this order. 3. No deposition taken pursuant to this Order shall count towards the ten-deposition limit. The Court will entertain motions pursuant to Rules 26(b)(2) and 30(d) of the Federal Rules of Civil Procedure during the course of these proceedings. Signed by Judge Claria Horn Boom on 5/29/2020. (JJ)cc: COR
May 29, 2020 BAR STATUS Check completed as to David A. Terrell, Scott R. Williamson, Robert T. Howell re #1 Complaint. (JJ)
May 29, 2020 Set/Reset Hearings: TELEPHONE CONFERENCE set for 6/5/2020 at 9:00 AM in LEXINGTON before Judge Claria Horn Boom. (JJ)
May 28, 2020 Filing 6 Summons Issued as to Frances Evans, William S. Evans, William S. Evans; Summons issued and returned to counsel electronically (Attachments: #1 Summons Turning Point Investments, #2 Summons Frances Evans)(JJ)
May 28, 2020 Filing 5 EX PARTE MOTION by Commodity Futures Trading Commission (Attachments: #1 Proposed Order)(JJ)
May 28, 2020 Filing 4 MOTION to Expedite Discovery by Commodity Futures Trading Commission (Attachments: #1 Proposed Order)(JJ)
May 28, 2020 Filing 3 MOTION for Preliminary Injunction by Commodity Futures Trading Commission (Attachments: #1 Memorandum in Support, #2 Exhibit Heather Dasso Declaration, #3 Proposed Order)(JJ)
May 28, 2020 Filing 1 COMPLAINT, filed by Commodity Futures Trading Commission. (Attachments: #1 Civil Cover Sheet, #2 Summons William Evans, #3 Summons Turning Point Investments, #4 Summons Frances Evans)(JJ)
May 28, 2020 Conflict Check run. (JJ)
May 28, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #3 MOTION for Preliminary Injunction by Commodity Futures Trading Commission, #5 EX PARTE MOTION by Commodity Futures Trading Commission, #4 MOTION to Expedite by Commodity Futures Trading Commission (JJ)

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Defendant: William S. Evans
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Defendant: Frances Evans
Represented By: Brandon Wayne Marshall
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Defendant: William S. Evans doing business as Turning Point Investments
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Defendant: William S. Evans, III
Represented By: Andrew Louis Sparks
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Defendant: William S. Evans, III doing business as Turning Point Investments
Represented By: Andrew Louis Sparks
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Plaintiff: Commodity Futures Trading Commission
Represented By: Candice Voticky Haan
Represented By: David A. Terrell
Represented By: Scott R. Williamson
Represented By: Robert T. Howell
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