Securities and Exchange Commission v. Beasley et al
Plaintiff: Securities and Exchange Commission
Defendant: Matthew Wade Beasley, Christopher R. Humphries, J&J Consulting Services, Inc., J and J Purchasing LLC, Shane M. Jager, Jason M. Jongeward, Denny Seybert, Roland Tanner, The Judd Irrevocable Trust, PAJ Consulting Inc, BJ Holdings LLC, Stirling Consulting, L.L.C., CJ Investments, LLC, JL2 Investments, LLC, Rocking Horse Properties, LLC, Triple Threat Basketball, LLC, ACAC LLC, Anthony Michael Alberto, Jr., Monty Crew LLC, Larry Jeffery, Seth Johnson, Christopher M. Madsen, Richard R. Madsen, Mark A. Murphy, Cameron Rohner, Warren Rosegreen and Paula Beasley
Petitioner: Aaron Grigsby and Grigsby Law Group
Respondent: United States of America
Cross Defendant: Beasley Law Group PC and Jeffrey J. Judd
Not Classified By Court: Petitioning Creditors, Wells Fargo Bank, N.A., Vyonne S. Mendenhall and Kent W. Rohner, Trustee of the Kent W. Rohner and Jamie Rohner Declaration of Trust dtd
Interested Party: Nevada Housing Solutions, LLC, U.S. Bank National Association, U.S. Bancorp Investments, Inc., Kamille Dean, Oberheiden P.C, OFFICIAL COMMITTEE OF UNSECURED CREDITORS IN BANKRUPTCY CASES and RPS Properties, LLC
Receiver: Danny Ayala, as court appointed receiver for Beasley Law Group LPC, Geoff Winkler and Credit Union 1
Cross Claimant: Jason A. Jenne
Intervenor Plaintiff: Omid Shahabe and Kristie Young
In Re: Robinhood Markets, Inc.
Case Number: 2:2022cv00612
Filed: April 12, 2022
Court: US District Court for the District of Nevada
Presiding Judge: James C Mahan
Referring Judge: Cristina D Silva
2 Judge: Elayna J Youchah
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 612 ORDER granting #611 Stipulation to Continue Hearing re: #525 Motion to Compel, #526 Motion, #531 Cross Motion to Stay Case. Motions Hearing continued to 12/13/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - JLB) Modified on 11/22/2023 (JLB).
November 22, 2023 Opinion or Order Filing 611 STIPULATION TO CONTINUE (First Request) Hearing on the Receiver's Motion to Compel or Alternative Motion for Order to Show Cause Why Christopher M. Madsen Should Not be Held in Contempt for Failure to Comply with this Court's Orders by Receiver Geoff Winkler. (Hendricks, Kara) (continue) (presiding)
November 20, 2023 Opinion or Order Filing 610 NOTICE of Status of Compliance with the Court's August 25, 2023 Hearing Directives Relating to Receiver's Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply with this Court's Orders (3rd Notice) by Geoff Winkler.. (Hendricks, Kara)
November 20, 2023 Opinion or Order Filing 609 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/20/2023. Status hearing set for 12/13/2023 at 1:30 PM shall include Motion to Find Aaron Grigsby in Contempt for Failure to Comply with this Court's Orders #584 , Motion for Order Directing the Turnover of Receivership Property #585 , Motion for Attorney Fees #603 , #606 , Motion to Approve Sixth Quarterly Applications for Fees and Reimbursement of Expenses for Receiver and Receiver's Professionals for the Period from July 1 - September 30, 2023 #607 , Hearing set for 12/13/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
November 20, 2023 Opinion or Order Filing 608 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/20/2023. Hearing regarding Motion to Compel #525 , Motion to Stay Case or Discovery #531 , and Motion for Order to Show Cause #526 set for 11/27/2023 is RESCHEDULED to 11/28/2023 at 03:00 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
November 15, 2023 Opinion or Order Filing 607 MOTION to Approve Sixth Quarterly Applications for Fees and Reimbursement of Expenses for Receiver and Receiver's Professionals for the Period from July 1 - September 30, 2023 re #606 Motion for Attorney Fees, #603 Motion for Attorney Fees, by Receiver Geoff Winkler. Responses due by 11/29/2023. (Attachments: #1 Exhibit 1 (Proposed Order))(Hendricks, Kara) (misc) (presiding)
November 15, 2023 Opinion or Order Filing 606 MOTION for Attorney Fees (Receiver 6th Quarterly Application for Payment and Reimbursement of Receiver and Receiver's Professional for the Period July 1 - September 30, 2023)( by Receiver Geoff Winkler. (Discovery) Responses due by 11/29/2023. (Attachments: #1 Exhibit 1 (Declaration of Geoff Winker), #2 Exhibit 2 (Declaration of Kara B. Hendricks), #3 Exhibit 3 (Declaration of Joseph Friend), #4 Exhibit 4 (Declaration of Stacy Chiang))(Hendricks, Kara)
November 13, 2023 Opinion or Order Filing 605 DECLARATION of Joshua A. del Castillo re #603 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
November 13, 2023 Opinion or Order Filing 604 DECLARATION of Jarrod L. Rickard re #603 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
November 13, 2023 Opinion or Order Filing 603 Sixth MOTION for Attorney Fees SIXTH QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD by Receiver Geoff Winkler. (Postjudgment) Responses due by 11/27/2023. (Rickard, Jarrod)
November 7, 2023 Opinion or Order Filing 602 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 11/7/2023. By Law Clerk: C. Denbow Before the Court is Plaintiff Securities and Exchange Commission's ("Plaintiff") Motion for Withdrawal of Counsel (ECF No. #601 ). Plaintiff's counsel requests attorney Troy Flake be removed as Plaintiff's counsel of record and from the Court's service list in this case. ECF No. #601 at 2. Attorneys Casey R. Fronk, Michael E. Welsh, and David Baddley will continue to represent Plaintiff. Id. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Withdrawal of Counsel (ECF No. #601 ) is GRANTED. The Clerk of Court shall remove Troy Flake's name from CMECF and the docket.(no image attached) (Copies have been distributed pursuant to the NEF - CMD)
November 7, 2023 Opinion or Order Filing 601 MOTION to Withdraw as Attorney by Troy Flake for Plaintiff Securities and Exchange Commission. Responses due by 11/21/2023. (Fronk, Casey)
November 1, 2023 Opinion or Order Filing 599 NOTICE of In Camera Submission of Investor List by Geoff Winkler.. (Hendricks, Kara)
October 31, 2023 Opinion or Order Filing 598 Sixth STATUS REPORT (July 1, 2023 through September 20, 2023 Period) by Receiver Geoff Winkler.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hendricks, Kara)
October 30, 2023 Opinion or Order Filing 597 NOTICE of Status of Compliance with this Court's August 25, 2023 Hearing Directives Relating to the Receiver's Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should not be held in Contempt for Failure to Comply with this Court's Orders and Alternative Motion for Turnover (2nd Notice) by Geoff Winkler.. (Attachments: #1 Exhibit A (Declaration of Paula Beasley)kler))(Hendricks, Kara)
October 30, 2023 Opinion or Order Filing 596 REPLY to Response to #585 Motion, by Receiver Geoff Winkler. (Hendricks, Kara)
October 27, 2023 Opinion or Order Filing 595 REPLY to Response to #584 Motion, by Receiver Geoff Winkler. (Hendricks, Kara)
October 25, 2023 Opinion or Order Filing 594 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/24/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Def Counsel: Kara Hendricks, Jonathon Blum in Person; Kevin Anderson, T. Louis Palazzo appearing by ZOOM; Court Reporter: Samantha McNett; Time of Hearing: 10:04 a.m. - 10:08 a.m.; Courtroom: 6B; Parties are present. The Court makes preliminary remarks. The Court hears representation from counsel. Ms. Hendricks request an additional 30 days as parties may have agreement. The Court resets hearing on Motions #531 , #525 for 11/27/2023 at 01:00 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
October 23, 2023 Opinion or Order Filing 593 ORDER granting ECF No. #575 Motion to Distribute Funds. The Receiver is authorized to distribute funds to the JL2 Investors as detailed herein. IT IS FURTHER ORDERED that the Receiver is authorized to make a distribution to third-party J. Gillingham in the amount of $1,111,011.38. Based on the information before the court, the evidence supports that the $1,000,000 was in defendant Jason Jongeward's personal bank account for purposes of funding JL2 Investment Group loan to Eco Battery. Accordingly, the Receiver is authorized to distribute the $1,111,011.38, which is inclusive of the principal payment plus interest, to J. Gillingham. IT IS FURTHER ORDERED that the Receiver's motions for further instruction (ECF Nos. #576 and #589 ) are denied as moot. Signed by Judge Cristina D. Silva on 10/23/2023. (Copies have been distributed pursuant to the NEF - DLS)
October 23, 2023 Opinion or Order Filing 592 ORDER granting #587 Stipulation AUTHORIZING RELEASE OF FUNDS TO RECEIVER. IT IS HEREBY ORDERED that the funds held in the Accounts shall be released pursuant to the terms of the Stipulation; all balances held in the Accounts as of this date, shall be wired to the account established by the Receiver ending in 0381 pursuant to instructions to be provided by the Receiver. Signed by Judge Cristina D. Silva on 10/23/2023.(Copies have been distributed pursuant to the NEF - CAH)
October 23, 2023 Opinion or Order Filing 591 RESPONSE to #585 Motion, by Movant Aaron Grigsby. Replies due by 10/30/2023. (Kajioka, Dean)
October 20, 2023 Opinion or Order Filing 590 RESPONSE to #584 Motion, by Movant Aaron Grigsby. Replies due by 10/27/2023. (Kajioka, Dean)
October 19, 2023 Opinion or Order Filing 589 MOTION for Instruction re #575 Motion, by Receiver Geoff Winkler. Responses due by 11/2/2023. (Attachments: #1 Proposed Order 1, #2 Proposed Order 2 (with distributions to Gillingham))(Hendricks, Kara) (misc) (presiding)
October 19, 2023 Opinion or Order Filing 588 NOTICE of Non-Opposition to Receiver's Motion to Distribute Funds to Certain Members of JL2 Investment Group LLC by Geoff Winkler re #575 Motion,.. (Attachments: #1 Proposed Order 1, #2 Proposed Order 2 (with distributions to Gillingham))(Hendricks, Kara)
October 19, 2023 Opinion or Order Filing 587 STIPULATION and [Proposed] Order Authorizing Release of Funds to Receiver by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
October 10, 2023 Opinion or Order Filing 586 ORDER granting #583 Stipulation Authorizing the Sale of Real Property Located at 6175 Cortney Ridge CT, Las Vegas, Nevada. Signed by Judge Cristina D. Silva on 10/10/2023.(Copies have been distributed pursuant to the NEF - CT)
October 9, 2023 Opinion or Order Filing 585 MOTION for Order Directing the Turnover of Receivership Property from Aaron Grigsby by Receiver Geoff Winkler. Responses due by 10/23/2023. (Attachments: #1 Exhibit 1 (Declaration of Kara B. Hendricks), #2 Exhibit 2, #3 Exhibit 3)(Hendricks, Kara) (misc) (presiding)
October 6, 2023 Opinion or Order Filing 584 MOTION to Find Aaron Grigsby in Contempt for Failure to Comply with this Court's Orders by Receiver Geoff Winkler. Responses due by 10/20/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hendricks, Kara) (misc) (presiding)
October 6, 2023 Opinion or Order Filing 583 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property Located at 6175 Cortney Ridge Court, Las Vegas, Nevada by Receiver Geoff Winkler. (Attachments: #1 Exhibit A (Legal Description), #2 Exhibit B (Residential Purchase Agreement and any addenda thereto))(Hendricks, Kara) (other) (presiding)
October 6, 2023 Opinion or Order Filing 582 ORDER Granting #581 Motion to Admit Government Attorney Tony Flake. Signed by Judge Cristina D. Silva on 10/6/2023.(Copies have been distributed pursuant to the NEF - ALZ)
October 5, 2023 Opinion or Order Filing 581 MOTION to Admit Government Attorney Troy Flake by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
October 2, 2023 Opinion or Order Filing 580 NOTICE of Status of Compliance with this Court's August 25, 2023 Hearing Directives Relating to the Receiver's Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should not be held in Contempt for Failure to Comply with this Court's Orders and Alternative Motion for Turnover by Geoff Winkler re #568 Transcript,,.. (Attachments: #1 Exhibit A (Declaration of Paula Beasley))(Hendricks, Kara)
September 23, 2023 Opinion or Order Filing 579 NOTICE of Appearance by attorney Kevin N. Anderson on behalf of Cross Defendant Jeffrey J. Judd, Defendants Jeffrey J. Judd, Jeffrey J. Judd. (Anderson, Kevin)
September 20, 2023 Opinion or Order Filing 577 CERTIFICATE of Compliance by Aaron Grigsby . (Grigsby, Aaron)
September 19, 2023 Opinion or Order Filing 578 ORDER Granting #560 Motion for Attorney Fees, #563 Motion for Attorney Fees, #564 Motion for Attorney Fees. See Order for details. Signed by Judge Cristina D. Silva on 9/19/2023. (Copies have been distributed pursuant to the NEF - ALZ)
September 19, 2023 Opinion or Order Filing 576 MOTION for Instruction by Receiver Geoff Winkler. Responses due by 10/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hendricks, Kara) (misc) (presiding)
September 19, 2023 Opinion or Order Filing 575 MOTION to Distribute Funds to Certain Members of JL2 Investment Group, LLC by Receiver Geoff Winkler. Responses due by 10/3/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hendricks, Kara) (misc) (presiding)
September 19, 2023 Opinion or Order Filing 574 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 9/19/2023. By Judicial Assistant: E. Santiago.Pending before the Court is the Emergency Motion to Withdraw as Counsel of Record for Paula Beasley filed by Aaron D. Grigsby. ECF No. #573 . The Motion establishes that Mrs. Beasley informed Mr. Grigsby of her decision to end their attorney-client relationship on September 11, 2023. Id. at 2. Mrs. Beasley requested a copy of her file from Mr. Grigsby apparently on that same date. Id. The Court agrees that Mrs. Beasley's decision establishes good cause under United States District Court for the District of Nevada Local Rule IA 11-6 and Nevada Rule of Professional Conduct 1.16 for Mr. Grigsby's Motion to Withdraw. Accordingly, IT IS HEREBY ORDERED that the Emergency Motion to Withdraw as Counsel of Record for Paula Beasley (ECF No. #573 ) is GRANTED. IT IS FURTHER ORDERED that Mr. Grigsby must serve a copy of this Order on Mrs. Beasley by electronic and U.S. Mail no later than 5 p.m. on Wednesday, September 20, 2023 after which Mr. Grigsby must file a notice of compliance with the Court. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
September 18, 2023 Opinion or Order Filing 573 Emergency MOTION to Withdraw as Attorney by Aaron Grigsby for Movant Aaron Grigsby. Responses due by 10/2/2023. (Grigsby, Aaron)
September 14, 2023 Opinion or Order Filing 572 MINUTES OF PROCEEDINGS - Status Hearing held on 9/14/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk by telephone conference; Def Counsel: Kara Hendricks, Katie Cannata ZOOM video conference: Marc Cook, Peter Christiansen, Keely Perdue-Chippoletti, David O'Toole, David Clukey, David Zaro; Court Reporter: Samantha McNett; Time of Hearing: 1:41 p.m. - 1:50 p.m.; Courtroom: 6B; Parties are present in person and by ZOOM video conference. The Court makes preliminary statements and hears representations from counsel as to Fifth Status Report #556 , Motions for Attorney Fees #560 , #563 , #564 and Status Report #569 . Accordingly, as stated on the record the Court will grant Motion for Attorney Fees ECF No. #560 , #563 , #564 and will enter order. Further, the Court approves and adopts the Fifth Status Report #556 to include the recommendation that the receivership continue as well as the turn over order and related orders of this Court.Status Hearing set for 12/13/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
September 12, 2023 Opinion or Order Filing 571 ORDER Granting #570 Stipulation to Continue Hearing re #525 Motion to Compel, #531 Motion to Stay Case. Status Hearings continued to 10/24/2023 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. Signed by Judge Cristina D. Silva on 9/12/2023. (Copies have been distributed pursuant to the NEF - ALZ)
September 11, 2023 Opinion or Order Filing 570 STIPULATION and [Proposed] Order to Continue the Hearing re #531 Motion to Stay Case or Discovery, #537 Response, #536 Reply, #525 Motion to Compel, #526 Motion, 559 Minute Order,, Set/Reset Deadlines & Hearings, #530 Response, by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
September 6, 2023 Opinion or Order Filing 569 STATUS REPORT regarding Use of Court-Approved Professionals on an Ongoing Basis by Receiver Geoff Winkler.. (Hendricks, Kara)
September 5, 2023 Opinion or Order Filing 568 TRANSCRIPT of Proceedings, 566 Order on Motion for Order to Show Cause, Motion Hearing, held on 08/25/2023, before Magistrate Judge Elayna J. Youchah. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 10:05 a.m. - 10:49 a.m.. Any Redaction Request is due by 9/26/2023. Release of the Transcript Restriction is set for 12/4/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. After release date, it may be obtained through the court reporter or PACER. THIS TRANSCRIPT MUST NOT BE ATTACHED AS AN EXHIBIT OR MADE PART OF AN APPENDIX. See Local Rule IA 10-3.(b). (SNM)
September 1, 2023 Opinion or Order Filing 567 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 9/1/2023. Motion/Status Hearing set for 9/14/2023 at 01:30 PM before Judge Cristina D. Silva shall include Motion for Attorney Fees #560 , #563 , and #564 . (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
August 25, 2023 Opinion or Order Filing 566 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/25/2023 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Aaron Grigsby and Paula Beasley; Def Counsel: Casey Fronk, Kara Hendricks, Christian Spaulding and Jeff Winkler; Recording start and end times: 10:05a.m. - 10:49a.m.; Courtroom: 3A; Pending before the Court are the Motion for Order to Show Cause and Motion for Turnover. ECF No. 498 and 499. IT IS HEREBY ORDERED that the Motion for Order to Show Cause (ECF No. 498) is GRANTED in part and DENIED in part. The Motion for Turnover is DENIED without prejudice.The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
August 22, 2023 Opinion or Order Filing 565 ERRATA to #563 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Attachments: #1 Exhibit 3 (Declaration of Joseph Friend))(Hendricks, Kara)
August 15, 2023 Opinion or Order Filing 564 MOTION for Attorney Fees (for the Period April 1, 2023 through June 30, 2023) re #561 Declaration, #563 Motion for Attorney Fees, #560 Motion for Attorney Fees, #562 Declaration by Receiver Geoff Winkler. (Discovery) Response due by 8/29/2023. (Attachments: #1 Exhibit 1 [(Proposed Order))(Hendricks, Kara)
August 15, 2023 Opinion or Order Filing 563 MOTION for Attorney Fees (for the Period April 1, 2023 through June 30, 2023) by Receiver Geoff Winkler. (Discovery) Response due by 8/29/2023. (Attachments: #1 Exhibit A (Declaration of Geoff Winkler), #2 Exhibit B (Declaration of Kara B. Hendricks), #3 Exhibit C (Declaration of Corry Atwell))(Hendricks, Kara)
August 15, 2023 Opinion or Order Filing 562 DECLARATION of Jarrod L. Rickard re #560 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
August 15, 2023 Opinion or Order Filing 561 DECLARATION of Joshua A. del Castillo re #560 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
August 15, 2023 Opinion or Order Filing 560 MOTION for Attorney Fees FIFTH QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD by Receiver Geoff Winkler. (Discovery) Response due by 8/29/2023. (Rickard, Jarrod)
August 8, 2023 Opinion or Order Filing 559 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/8/2023. Hearing re: Motion to Compel #525 , Motion for Order to Show Cause #526 , and Cross Motion to Stay Case #531 is RESCHEDULED to be combined with Status hearing set for 9/14/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
August 4, 2023 Opinion or Order Filing 558 ORDER Granting #557 Stipulation Authorizing the Sale of Real Property Located at 3795 Canis Minor Lane, Henderson, Nevada. See Order for further details. Signed by Judge Cristina D. Silva on 8/4/2023.(Copies have been distributed pursuant to the NEF - KF)
August 3, 2023 Opinion or Order Filing 557 STIPULATION and Proposed Order Authorizing the Sale of Real Property (3795 Canis Minor Lane, #5101, Henderson, Nevada) by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ewing, Kyle) (other) (presiding)
July 31, 2023 Opinion or Order Filing 556 Fifth STATUS REPORT by Receiver Geoff Winkler.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hendricks, Kara)
July 28, 2023 Opinion or Order Filing 555 ORDER Granting #553 Stipulation to Continue Status Conference set for 9/7/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. Signed by Judge Cristina D. Silva on 7/28/2023. (Copies have been distributed pursuant to the NEF - JQC)
July 26, 2023 Opinion or Order Filing 554 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/26/2023. By Judicial Assistant: E. Santiago.RE: Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply with This Court's Orders and Alternative Motion for Turnover (ECF Nos. #498 , #499 ). Motions Hearing set for Friday, August 25, 2023 at 10:00 am in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
July 26, 2023 Opinion or Order Filing 553 STIPULATION TO CONTINUE (First Request) July 31, 2023 Status Hearing re #531 Motion to Stay Case or Discovery, 545 Status Conference,,,,,, #525 Motion to Compel, #526 Motion, by Receiver Geoff Winkler. (Hendricks, Kara) (continue) (presiding)
July 25, 2023 Opinion or Order Filing 552 ORDER Granting #539 Motion to Extend Time. Discovery due by 9/9/2024. Motions due by 10/9/2024. Proposed Joint Pretrial Order due by 11/8/2024. Signed by Magistrate Judge Elayna J. Youchah on 7/25/2023. (Copies have been distributed pursuant to the NEF - JQC)
July 17, 2023 Opinion or Order Filing 551 REPLY to Response to #539 Motion to Extend/Shorten Time by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1 - Declaration of Geoff Winkler)(Fronk, Casey)
July 12, 2023 Opinion or Order Filing 550 ORDER granting #547 Stipulation Authorizing The Sale of Real Property Located At 29 Rockstream Drive, Henderson, Nevada 89012. Signed by Judge Cristina D. Silva on 7/12/2023.(Copies have been distributed pursuant to the NEF - RGDG)
July 12, 2023 Opinion or Order Filing 549 ORDER granting #546 Stipulation Authorizing The Sale of Real Property Located At 19 Sky Arc Court, Henderson, Nevada 89012. Signed by Judge Cristina D. Silva on 7/12/2023.(Copies have been distributed pursuant to the NEF - RGDG)
July 10, 2023 Opinion or Order Filing 548 RESPONSE to #539 Motion to Extend/Shorten Time by Defendant Richard R. Madsen. Replies due by 7/17/2023. (Attachments: #1 Exhibit 1 in support of Richard Madsen's Response)(O'Toole, David)
July 7, 2023 Opinion or Order Filing 547 STIPULATION & Proposed Order Authorizing the Sale of Real Property (2 Rockstream Drive, Henderson, NV) by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
July 7, 2023 Opinion or Order Filing 546 STIPULATION and Proposed Order Authorizing the Sale of Real Property (19 Sky Arc Court, Henderson, NV) by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
June 29, 2023 Opinion or Order Filing 545 MINUTES OF PROCEEDINGS - Status Hearing held on 6/29/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk; Def Counsel: In person: Kara Hendricks, Keely Perdue-Chippoletti, Jarrod Rickard, Jeff Winkler, John Giardino; by ZOOM video conference: Aleandra Mateo for J. Blum, Louis Palazzo, David O'Toole, Joshua Del Castillo; Court Reporter: Samantha McNett; Time of Hearing: 1:40 p.m. - 1:54 p.m.; Courtroom: 6B; The Court makes preliminary remarks and hears representations from parties as to Motion to Approve Fourth Quarterly Applications for Fees and Reimbursement of Expenses for Receiver #521 , Motion re Fourth Quarterly Application for Payment of Fees and Reimbursement of Expenses of Receiver #519 , and Motion for Attorney Fees #516 . The Court GRANTS Motions #521 , #519 , #516 and will enter orders following hearing. Further, the Court advises parties that Motion for Order to Show Cause #498 and Motion for Turnover by Receiver #499 are under Magistrate Judge Elayna J. Youchah's radar. Parties request that ruling be delayed or postponed for 30 days to resolve the issues as to Motion to Compel #525 , Motion for Order to Show Cause #526 , and Cross Motion to Stay Case #531 . The Court sets Status Hearing re Motions for Monday, July 31, 2023, at 1:30 p.m. in LV Courtroom 6B before Judge Cristina D. Silva. IT IS FURTHER ORDERED that Status hearing is set for Thursday, September 14, 2023 at 1:30 p.m. in LV Courtroom 6B before Judge Cristina D. SIlva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
June 29, 2023 Opinion or Order Filing 544 ORDER. IT IS HEREBY ORDERED that the Fourth Status Report and the actions of Receiver Geoff Winkler are approved. IT IS FURTHER ORDERED that the receivership should continue pursuant to the terms set forth in the Order Appointing Receiver ECF No. #88 . IT IS FURTHER ORDERED that the receiver is authorized to undertake the recommendations set forth in the Fourth Status Report ECF No. #508 including a continued engagement of professionals he deems necessary for the proper administration of the Receivership entities and their estate. Signed by Judge Cristina D. Silva on 6/29/2023. (Copies have been distributed pursuant to the NEF - ALZ)
June 29, 2023 Opinion or Order Filing 543 ORDER Granting #516 Motion for Attorney Fees, #519 Motion re Fourth Quarterly Application for Payment of Fees and Reimbursement, and to Approve Fourth Quarterly Applications for Fees and Reimbursement of Expenses for Receiver. See Order for details. Signed by Judge Cristina D. Silva on 6/29/2023. (Copies have been distributed pursuant to the NEF - ALZ)
June 29, 2023 Opinion or Order Filing 542 ORDER Granting #541 Stipulation Authorizing the Sale of Real Property. IT IS HEREBY ORDERED that: A. Seller may sell the Property pursuant to the terms of the RPA.B. The deposit received by escrow pursuant to the RPA shall be immediately transferred to the Receiver; and C. Upon the Closing of the sale of the Property in accordance with the terms of theRPA and any addenda thereto, all of the net sale proceeds shall be wired directly from the Escrowto the Receiver. Signed by Judge Cristina D. Silva on 6/29/2023.(Copies have been distributed pursuant to the NEF - ALZ)
June 28, 2023 Opinion or Order Filing 541 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property Located at 2701 W. 390 N. Hurricane, Utah 84737 by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
June 28, 2023 Opinion or Order Filing 540 RESPONSE to #531 Motion to Stay Case or Discovery, by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
June 26, 2023 Opinion or Order Filing 539 MOTION to Extend Time (First Request) re #430 Order on Discovery Plan and Scheduling Order,,, by Plaintiff Securities and Exchange Commission. Responses due by 7/10/2023. (Fronk, Casey) (discovery)
June 26, 2023 Opinion or Order Filing 538 ERROR: CLERK'S NOTICE ENTERED IN ERROR. CLERK'S NOTICE. Attorney Action Required to ECF No. #537 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #537 using the appropriate docket entry title. (no image attached) (HAM) Modified on 6/26/2023 (HAM).
June 23, 2023 Opinion or Order Filing 537 RESPONSE to #531 Motion to Stay Case or Discovery, by Receiver Geoff Winkler. Replies due by 6/30/2023. (Hendricks, Kara) Modified on 6/26/2023 (HAM). Modified on 6/26/2023 (HAM).
June 23, 2023 Opinion or Order Filing 536 REPLY to Response to #526 Motion, #525 Motion to Compel, by Receiver Geoff Winkler. (Hendricks, Kara)
June 21, 2023 Opinion or Order Filing 535 ORDER Granting #533 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John Giardino for ACAC LLC, Christopher M. Madsen and approving Designation of Local Counsel Jonathan D. Blum. Signed by Judge Cristina D. Silva on 6/21/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
June 20, 2023 Opinion or Order Filing 534 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 6/20/2023. Defendant Christopher M. Madsen moves to stay this case pending a purported settlement agreement between himself and the government. ECF No. #531 . The receiver has already moved for various forms of relief related to Madsen's alleged noncompliance with the receivership order. ECF Nos. #525 , #526 . Because Madsen declares that his counsel has advised him that the settlement agreement should be finalized "by mid-July," ECF No. #532 at 2, and I wish to adjudicate these motions at the status hearing set for June 29, 2023 at 1:30 p.m., IT IS HEREBY ORDERED that the SEC and/or receiver are to file their response(s) to Madsen's motion by June 28, 2023. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
June 16, 2023 Opinion or Order Filing 533 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John Giardino and DESIGNATION of Local Counsel Jonathan D. Blum (Filing fee $ 250 receipt number ANVDC-7333207) by Defendant Christopher M. Madsen. (Blum, Jonathan)
June 16, 2023 Opinion or Order Filing 532 AFFIDAVIT of Christopher Madsen re #531 Motion to Stay Case or Discovery, #530 Response, by Defendant Christopher M. Madsen.. (Blum, Jonathan)
June 16, 2023 Opinion or Order Filing 531 Cross MOTION to Stay Case by Defendant Christopher M. Madsen. Responses due by 6/30/2023. (Attachments: #1 Affidavit of John Giardino, #2 Exhibit A - Correspondence to Kara Hendricks 03.13.23, #3 Exhibit B - Correspondence to Kara Hendricks and Casey Fronk 04.21.23)(Blum, Jonathan)
June 16, 2023 Opinion or Order Filing 530 RESPONSE to #526 Motion, #525 Motion to Compel, by Defendant Christopher M. Madsen. Replies due by 6/23/2023. (Attachments: #1 Affidavit of John Giardino, #2 Exhibit A - Correspondence to Kara Hendricks 03.13.23, #3 Exhibit B - Correspondence to Kara Hendricks and Casey Fronk 04.21.23)(Blum, Jonathan)
June 7, 2023 Opinion or Order Filing 529 ORDER Granting #520 Motion to Dismiss the United States of America regarding #403 Order, the United States Marshals Service, and the Federal Bureau of Investigation, and Motion to Withdraw as Attorney. Attorney Daniel D. Hollingsworth terminated. Signed by Judge Cristina D. Silva on 6/7/2023. (Copies have been distributed pursuant to the NEF - ALZ)
June 5, 2023 Opinion or Order Filing 528 ORDER granting #527 Stipulation Authorizing the Sale of Real Property at 210 Abbey Hill Street, Henderson, Nevada 89012. IT IS HEREBY ORDERED Seller may sell the Property pursuant to the terms of the RPA. The deposit received by the escrow pursuant to the RPA shall be immediately transferred to the Receiver. Upon the Closing of the sale of the Property in accordance with the terms of the RPA and any addenda thereto, all of the net sale proceeds shall be wired directly from the Escrow to the Receiver. Signed by Judge Cristina D. Silva on 6/5/2023. (Copies have been distributed pursuant to the NEF - CAH)
June 5, 2023 Opinion or Order Filing 527 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property at 210 Abbey Hill Street, Henderson, Nevada 89012 by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
June 2, 2023 Opinion or Order Filing 526 MOTION for Order to Show Cause Why Christopher M. Madsen Should Not Be Held in Contempt for Failure to Comply with this Court's Orders by Receiver Geoff Winkler. Responses due by 6/16/2023. (Attachments: #1 Exhibit 1 (Declaration of Kara B. Hendricks), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hendricks, Kara) (misc) (presiding)
June 2, 2023 Opinion or Order Filing 525 MOTION to Compel re Christopher Madsen by Receiver Geoff Winkler. Responses due by 6/16/2023. (Attachments: #1 Exhibit 1 (Declaration of Kara B. Hendricks), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hendricks, Kara) (other)
June 2, 2023 Opinion or Order Filing 524 NON-OPPOSITION to #521 Motion, by Receiver Geoff Winkler. (Hendricks, Kara)
June 2, 2023 Opinion or Order Filing 523 CERTIFICATE of Interested Parties by CJ Investments, LLC, Christopher R. Humphries. There are no known interested parties other than those participating in the case. (Christiansen, Peter)
June 2, 2023 Opinion or Order Filing 522 ANSWER to #1 Complaint,, with Jury Demand filed by CJ Investments, LLC, Christopher R. Humphries.(Christiansen, Peter)
May 15, 2023 Opinion or Order Filing 521 MOTION to Approve Fourth Quarterly Applications for Fees and Reimbursement of Expenses for Receiver, Receiver's Counsel, and Receiver's Litigation Support Consultant for the Period from January 1, 2023 through March 31, 2023 by Receiver Geoff Winkler. Responses due by 5/29/2023. (Attachments: #1 Exhibit 1 (Proposed Order))(Hendricks, Kara) (misc) (presiding)
May 15, 2023 Opinion or Order Filing 520 MOTION to Dismiss the United States of America, the United States Marshals Service, and the Federal Bureau of Investigation and Motion to Withdraw as Attorney re #403 Order on Motion, by Respondent United States of America. Responses due by 5/29/2023. (Attachments: #1 Declaration)(Hollingsworth, Daniel) (misc) (presiding)
May 15, 2023 Opinion or Order Filing 519 MOTION re Fourth Quarterly Application for Payment of Fees and Reimbursement of Expenses of Receiver, Receiver's Counsel Greenberg Traurig, LLP and Receiver's Litigation Support Consultant, Aitheras, LLC by Receiver Geoff Winkler. Responses due by 5/29/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hendricks, Kara) (misc) (presiding)
May 15, 2023 Opinion or Order Filing 518 DECLARATION of Jarrod L. Rickard re #516 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
May 15, 2023 Opinion or Order Filing 517 DECLARATION of Joshua A. del Castillo re #516 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
May 15, 2023 Opinion or Order Filing 516 MOTION for Attorney Fees FOURTH QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD by Receiver Geoff Winkler. (Discovery) Responses due by 5/29/2023. (Rickard, Jarrod)
May 5, 2023 Opinion or Order Filing 515 NOTICE OF RELATED CASES 2:23-cv-00703; 2:22-cv-00529 by Receiver Geoff Winkler. Pursuant to LR 42-1. (Attachments: #1 Exhibit A)(Rickard, Jarrod)
May 4, 2023 Opinion or Order Filing 514 REPLY to Response to #498 Motion for Order to Show Cause, by Receiver Geoff Winkler. (Hendricks, Kara)
May 4, 2023 Opinion or Order Filing 513 NOTICE of Appearance by attorney Dean Y. Kajioka on behalf of Movants Aaron Grigsby, Grigsby Law Group. (Kajioka, Dean)
May 2, 2023 Opinion or Order Filing 512 ORDER Granting #507 Verified Petition for Permission to Practice Pro Hac Vice for Alicia A. Baiardo and approving Designation of Local Counsel as to Joseph Went. Signed by Judge Cristina D. Silva on 5/2/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
May 2, 2023 Opinion or Order Filing 511 ORDER Granting #506 Verified Petition for Permission to Practice Pro Hac Vice for K. Isaac deVyver and approving Designation of Local Counsel as to Joseph Went. Signed by Judge Cristina D. Silva on 5/2/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
May 2, 2023 Opinion or Order Filing 509 NOTICE of In Camera Submission of Investor List by Geoff Winkler.. (Hendricks, Kara)
May 1, 2023 Opinion or Order Filing 508 Fourth STATUS REPORT by Receiver Geoff Winkler.. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Hendricks, Kara)
May 1, 2023 Opinion or Order Filing 507 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alicia A. Baiardo and DESIGNATION of Local Counsel Joseph G. Went (Filing fee $ 250 receipt number ANVDC-7283576) by Creditor Wells Fargo Bank, N.A.. (Went, Joseph)
May 1, 2023 Opinion or Order Filing 506 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by K. Issac deVyver and DESIGNATION of Local Counsel Joseph G. Went (Filing fee $ 250 receipt number ANVDC-7283549) by Creditor Wells Fargo Bank, N.A.. (Went, Joseph)
April 27, 2023 Opinion or Order Filing 505 RESPONSE to #498 Motion for Order to Show Cause, #499 Motion by Defendant Paula Beasley. Replies due by 5/4/2023. (Grigsby, Aaron)
April 26, 2023 Opinion or Order Filing 504 MINUTES OF PROCEEDINGS - Status Hearing held on 4/26/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk and Michael Welsh by video conference; Def Counsel: In person: Kara Hendricks, Louis Palazzo, Jarrod Rickard ; by video ZOOM: Marc Cook, Jonathan Blum, Keely Perdue-Chippoletti, Kevin Christiansen, Molly White, Joseph Went, Jeff Schneider; Court Reporter: Patricia Ganci; Time of Hearing: 1:46 p.m. - 1:53 p.m.; Courtroom: 6B; Parties appear remotely and in person for these proceedings. The Court makes preliminary statements. The Court advises that parties that a written order will follow regarding #480 Objections to order authorizing receiver to employ special litigation counsel. Status hearing set for 6/29/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
April 26, 2023 Opinion or Order Filing 503 ORDER. IT IS ORDERED that interested party Wells Fargo's #480 Objections to magistrate judge's order are OVERRULED. Magistrate Judge Youchah's #471 Order is ADOPTED IN FULL. Signed by Judge Cristina D. Silva on 4/26/2023. (Copies have been distributed pursuant to the NEF - JQC)
April 14, 2023 Opinion or Order Filing 502 ORDER Granting #500 Motion for Leave to Seal Appendix of Exhibit to Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply With This Courts Orders and Alternative Motion for Turnover. Document 501 is and shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 4/14/2023.(Copies have been distributed pursuant to the NEF - ABG)
April 13, 2023 Opinion or Order Filing 500 MOTION to Seal Document, #499 Motion, #498 Motion for Order to Show Cause,, by Receiver Geoff Winkler. Responses due by 4/27/2023. (Hendricks, Kara)
April 13, 2023 Opinion or Order Filing 499 MOTION for Turnover by Receiver Geoff Winkler. Responses due by 4/27/2023. (Hendricks, Kara) (misc) (referral)
April 13, 2023 Opinion or Order Filing 498 MOTION for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should not be held in Contempt for Failure to Comply with this Court's Orders and Alternative Motion for Turnover by Receiver Geoff Winkler. Responses due by 4/27/2023. (Hendricks, Kara) (presiding)
April 7, 2023 Opinion or Order Filing 497 USCA ORDER for Time Schedule as to #494 Notice of Appeal, filed by Kristie Young, Omid Shahabe. USCA Case Number 23-15512. (Copies have been distributed pursuant to the NEF - KF)
April 7, 2023 Opinion or Order Filing 496 ORDER Granting #495 Motion to Withdraw as Attorney. Ross C Goodman withdrawn from the case. Signed by Magistrate Judge Elayna J. Youchah on 4/7/2023.(Copies have been distributed pursuant to the NEF - KF)
April 7, 2023 Opinion or Order Filing 495 MOTION to Withdraw as Attorney by Ross C. Goodman, Esq. for Interested Party Larry Jeffery. Responses due by 4/21/2023. (Attachments: #1 Exhibit A)(Goodman, Ross)
March 30, 2023 Opinion or Order Filing 494 NOTICE OF APPEAL as to #477 Order on Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1,,, by Intervenor Plaintiffs Omid Shahabe, Kristie Young. Filing fee $ 505, receipt number ANVDC-7252815. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Urga, William)
March 29, 2023 Opinion or Order Filing 492 ORDER Granting #489 Stipulation for Non-Part Kamille Dean's Payment of Fees and Costs. See order for further details. Signed by Judge Cristina D. Silva on 3/29/2023. (Copies have been distributed pursuant to the NEF - LOE)
March 29, 2023 Opinion or Order Filing 491 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/29/2023. By Law Clerk: C. Ponder. Pending before the Court is the Proposed Stipulated Protective Order Regarding Discovery Material. ECF No. #490 . The Protective Order fails to address the inadvertent disclosure of attorney work product and communications or documents subject to attorney-client privilege. Because inadvertent disclosure procedures must ordinarily be addressed in a proposed protective order, IT IS HEREBY ORDERED that the Proposed Stipulated Protective Order Regarding Discovery Material (ECF No. #490 ) is GRANTED; provided, however, that Fed. R. Evid. 502 and case law interpreting the same will govern any dispute regarding the inadvertent disclosure of attorney work product and communications or documents subject to attorney-client privilege. The parties are expected to meet and confer in good faith regarding any inadvertent disclosure before an issue is brought to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - CMP)
March 29, 2023 Opinion or Order Filing 490 Proposed STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY MATERIAL by Plaintiff Securities and Exchange Commission.. (Attachments: #1 Exhibit 1 - Form 1662)(Fronk, Casey)
March 29, 2023 Opinion or Order Filing 489 STIPULATION and [Proposed] Order for Non-Party Kamille Dean's Payment of Fees and Costs by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
March 27, 2023 Opinion or Order Filing 488 ORDER Granting #487 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 3/27/2023. (Copies have been distributed pursuant to the NEF - JQC)
March 27, 2023 Opinion or Order Filing 487 Proposed STIPULATED PROTECTIVE ORDER (REGARDING PRODUCTION OF DOCUMENTS, INFORMATION, AND THINGS BY U.S. BANK NATIONAL ASSOCIATION AND U.S. BANCORP INVESTMENTS, INC.) by Receiver Geoff Winkler.. (Rickard, Jarrod)
March 23, 2023 Opinion or Order Filing 486 ORDER Granting #485 Motion to Substitute Attorney Vincent Aiello in for Attorney Cami Perkins and John Savage by Defendant Richard R. Madsen. Signed by Magistrate Judge Elayna J. Youchah on 3/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
March 23, 2023 Opinion or Order Filing 485 MOTION to Substitute Attorney Vincent Aiello in for Attorney Cami Perkins and John Savage by Defendant Richard R. Madsen. Responses due by 4/6/2023. (Aiello, Vincent)
March 13, 2023 Opinion or Order Filing 484 NOTICE of Docket Correction to #483 Response/Objection: Modified title from Response to Amended Objection of Magistrate Order and linked to Original Objection and underlying Order. (no image attached) (DRS)
March 13, 2023 Opinion or Order Filing 483 AMENDED OBJECTION/APPEAL Magistrate Judge of Objection #480 to #471 Order on Motion for Appointment of Counsel, by Creditor Wells Fargo Bank, N.A.. (Gambee, Sydney) Modified title to AMENDED Objection (from Response) on 3/13/2023 (DRS).
March 13, 2023 Opinion or Order Filing 482 RESPONSE to #480 OBJECTION/APPEAL of Magistrate Judge #471 Order on Motion for Appointment of Counsel, by Receiver Geoff Winkler. (Rickard, Jarrod) Modified on 3/13/2023 (DRS).
March 10, 2023 Opinion or Order Filing 481 MEMORANDUM to #473 Order on Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1,,,,,,,,,,, by Receiver Geoff Winkler.. (Attachments: #1 Exhibit 1 (Declaration of Kara B. Hendricks))(Hendricks, Kara)
March 7, 2023 Opinion or Order Filing 480 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re #471 Order on Motion for Appointment of Counsel, by Creditor Wells Fargo Bank, N.A... Responses due by 3/21/2023. (Went, Joseph)
March 6, 2023 Opinion or Order Filing 479 ORDER Granting #476 Stipulation Authorizing the Sale of Real Property Located at 2.5 Acre - NWC Ruffian Road and W. Hammer Lane, Las Vegas, Nevada. Signed by Judge Cristina D. Silva on 3/6/2023. (Copies have been distributed pursuant to the NEF - TRW)
March 6, 2023 Opinion or Order Filing 478 ORDER Granting #475 Stipulation Authorizing the Sale of Real Property at 8 Twisted Rock Court, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 3/6/2023. (Copies have been distributed pursuant to the NEF - TRW)
March 3, 2023 Opinion or Order Filing 477 ORDER Denying #387 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1. IT IS FURTHER ORDERED that the magistrate judges order [ECF No. #373 ] is AFFIRMED in its entirety. Signed by Judge Cristina D. Silva on 3/3/2023. (Copies have been distributed pursuant to the NEF - TRW) Modified on 3/6/2023 (JLB).
March 3, 2023 Opinion or Order Filing 476 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property Located at 2.5 Acre - NWC Ruffian Road and W. Hammer Lane, Las Vegas, Nevada by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
March 3, 2023 Opinion or Order Filing 475 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property at 8 Twisted Rock Court, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit A (Legal Description))(Hendricks, Kara) (other) (presiding)
March 1, 2023 Opinion or Order Filing 473 ORDER that interested party Kamille Deans appeals of the magistrate judges orders [ECF Nos. #380 , #423 ] are DENIED. IT IS FURTHER ORDERED that the magistrate judges orders [ECF Nos. #368 , #417 ] are AFFIRMED in their entirety. Kamille Dean is ordered to make the following payment to theReceiver within 30 days of this order: $33,755.24 for attorney fees and costs (as explained in ECF No. #417 ) related to the Receivers filing of his motion to compel. IT IS FURTHER ORDERED that the Receiver must filewithin 10 days of this ordera memorandum of fees and costs associated with responding to Deans appeal of the magistrate judges order awarding fees and costs. IT IS FURTHER ORDERED that the Clerk of Court is directed to STRIKE Deans two reply briefs [ECF Nos. 412 , 413 ] because she filed them without leave of court. Signed by Judge Cristina D. Silva on 3/1/2023. (Copies have been distributed pursuant to the NEF - TRW)
February 21, 2023 Opinion or Order Filing 472 ORDER that the Status Report (ECF No. #452 ) and the actions of Receiver Geoff Winkler are approved. IT IS FURTHER ORDERED that the Receivership should continue under the terms set forth in the Order Appointing Receiver (ECF No. #88 ). IT IS FURTHER ORDERED that the Receiver is authorized to undertake the recommendations set forth in the Status Report, including a continued engagement of the professionals that he deems necessary for the proper administration of the Receivership entities and their estate. IT IS FURTHER ORDERED that the Receivers motion to approve the Third Quarterly Application for Payment of Attorneys Fees and Reimbursement of Expenses of Receivers Counsel: (1) Allen Matkins Leck Gamble Mallory & Natsis, LLP; and (2) Semenza Kircher Rickard [ECF Nos. #462 , #467 ] is GRANTED (as amended at ECF No. #469 ). IT IS FURTHER ORDERED that the Receivers motion to approve the Third Quarterly Application for Payment of Attorneys Fees and Reimbursement of Expenses of Receivers Counsel Greenberg Trauig [ECF Nos. #466 , #467 ] is GRANTED. IT IS FURTHER ORDERED that the omnibus motion to approve Third Quarterly Application for Payment of Attorneys Fees and Reimbursement of Expenses of Receivers Counsel for the period from 10/1/2022 through 12/31/2022 [ECF No. #467 ] is GRANTED (and as amended at ECF No. #469 ). Signed by Judge Cristina D. Silva on 2/21/2023. (Copies have been distributed pursuant to the NEF - TRW)
February 21, 2023 Opinion or Order Filing 471 ORDER Granting #457 Motion for Order Authorizing Receiver to Employ Special Litigation Counsel. Signed by Magistrate Judge Elayna J. Youchah on 2/21/2023. (Copies have been distributed pursuant to the NEF - TRW)
February 17, 2023 Opinion or Order Filing 470 ORDER Granting #455 Motion for Order Authorizing Receiver to Employ Litigation Support Consultant. Signed by Magistrate Judge Elayna J. Youchah on 2/17/2023. (Copies have been distributed pursuant to the NEF - TRW)
February 16, 2023 Opinion or Order Filing 469 EXHIBIT AMENDED EXHIBIT 2 TO THIRD QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD (ECF NO. 462) to #462 Motion for Attorney Fees, by Receiver Geoff Winkler. (Rickard, Jarrod)
February 15, 2023 Opinion or Order Filing 468 ORDER Granting #465 Stipulation of Plaintiff Securities and Exchange Commission and Defendant Mark Murphy. Signed by Judge Cristina D. Silva on 2/15/2023. (Copies have been distributed pursuant to the NEF - TRW)
February 15, 2023 Opinion or Order Filing 467 MOTION to Approve Third Quarterly Applications for Fees and Reimbursement of Expenses for Receiver and Receiver's Counsel for the Period from October 1, 2022 through December 31, 2022 re #462 Motion for Attorney Fees, #466 Motion, by Receiver Geoff Winkler. Responses due by 3/1/2023. (Attachments: #1 Exhibit A [Proposed Order])(Hendricks, Kara) (misc) (presiding)
February 15, 2023 Opinion or Order Filing 466 MOTION re Third Quarterly Application for Payment of Fees and Reimbursement of Expenses of Receiver and Receiver's Counsel Greenberg Traurig by Receiver Geoff Winkler. Responses due by 3/1/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hendricks, Kara) (misc) (presiding)
February 14, 2023 Opinion or Order Filing 465 STIPULATION of Plaintiff Securities and Exchange Commission and Defendant Mark Murphy re #120 Motion to Amend/Correct, #119 Motion to Amend/Correct, by Plaintiff Securities and Exchange Commission. (Fronk, Casey) (other) (injunctive)
February 14, 2023 Opinion or Order Filing 464 DECLARATION of Jarrod L. Rickard re #462 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
February 14, 2023 Opinion or Order Filing 463 DECLARATION of Joshua A. del Castillo re #462 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
February 14, 2023 Opinion or Order Filing 462 MOTION for Attorney Fees THIRD QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD by Receiver Geoff Winkler. (Discovery) Responses due by 2/28/2023. (Rickard, Jarrod)
February 8, 2023 Opinion or Order Filing 461 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/8/2023. By Deputy Clerk: D. Saavedra.Due to a conflict in the Court's schedule, Status Hearing as to Objections ECF # 387, 423, and 380 set for 2/15/2023 at 01:30 PM is RESCHEDULED to 04:00 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
February 3, 2023 Opinion or Order Filing 460 Submission of PROPOSED ORDER on #457 Motion for Appointment of Counsel, #458 Declaration, #459 Declaration by Receiver Geoff Winkler. (Rickard, Jarrod)
February 3, 2023 Opinion or Order Filing 459 DECLARATION of Geoff Winkler re #457 Motion for Appointment of Counsel by Receiver Geoff Winkler.. (Rickard, Jarrod)
February 3, 2023 Opinion or Order Filing 458 DECLARATION of Jason Kellogg, Esq. re #457 Motion for Appointment of Counsel by Receiver Geoff Winkler.. (Rickard, Jarrod)
February 3, 2023 Opinion or Order Filing 457 MOTION for Appointment of Counsel RECEIVER GEOFF WINKLER'S MOTION FOR ORDER AUTHORIZING RECEIVER TO EMPLOY SPECIAL LITIGATION COUNSEL by Receiver Geoff Winkler. (Rickard, Jarrod)
February 2, 2023 Opinion or Order Filing 456 REPLY re #423 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 re #417 Order, by Interested Party Kamille Dean. (TRW)
January 31, 2023 Opinion or Order Filing 455 MOTION for Order Authorizing Receiver to Employ Litigation Support Consultant by Receiver Geoff Winkler. Responses due by 2/14/2023. (Attachments: #1 Exhibit A)(Hendricks, Kara) (misc) (presiding)
January 31, 2023 Opinion or Order Filing 453 NOTICE of In Camera Submission of Investor List by Geoff Winkler.. (Attachments: #1 Exhibit)(Hendricks, Kara)
January 31, 2023 Opinion or Order Filing 452 STATUS REPORT (Third Quarterly) by Receiver Geoff Winkler.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hendricks, Kara)
January 30, 2023 Opinion or Order Filing 451 ORDER Granting #450 Stipulation Authorizing the Sale of Real Property at 548 Lucerne Way, South Lake Tahoe, California. Signed by Judge Cristina D. Silva on 1/30/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 30, 2023 Opinion or Order Filing 450 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property at 548 Lucerne Way, South Lake Tahoe, California by Receiver Geoff Winkler. (Attachments: #1 Exhibit A)(Hendricks, Kara) (other) (presiding)
January 30, 2023 Opinion or Order Filing 449 ORDER Granting #444 Stipulation Authorizing the Sale of Real Properties at 5475 Ruffian Road, Las Vegas, Nevada and 2.5 Acres - NWC Ruffian Road and W. Hammer Lane, Las Vegas, Nevada. Signed by Judge Cristina D. Silva on 1/30/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 30, 2023 Opinion or Order Filing 448 ORDER Granting #446 Stipulation Authorizing the Sale of Real Property at 2143 Via Regina Coeli Street, Las Vegas, Nevada. Signed by Judge Cristina D. Silva on 1/30/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 30, 2023 Opinion or Order Filing 447 ORDER Granting #445 Stipulation Authorizing the Sale of Real Properties at 5485 Ruffian Road, Las Vegas, Nevada and 0.64 Acre - SWC Ruffian Road and W. Stephen Avenue, Las Vegas, Nevada. Signed by Judge Cristina D. Silva on 1/30/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 27, 2023 Opinion or Order Filing 446 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property at 2143 Via Regina Coeli Street, Las Vegas, Nevada by Receiver Geoff Winkler. (Attachments: #1 Exhibit A)(Hendricks, Kara) (other) (presiding)
January 27, 2023 Opinion or Order Filing 445 STIPULATION and [Proposed] Order Authorizing the Sale of Real Properties at 5485 Ruffian Road, Las Vegas, Nevada and 0.64 Acre - SWC Ruffian Road and W. Stephen Avenue, Las Vegas, Nevada by Receiver Geoff Winkler. (Attachments: #1 Exhibit a, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
January 27, 2023 Opinion or Order Filing 444 STIPULATION and [Proposed] Order Authorizing the Sale of Real Properties at 5475 Ruffian Road, Las Vegas, Nevada and 2.5 Acres - NWC Ruffian Road and W. Hammer Lane, Las Vegas, Nevada by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hendricks, Kara) (other) (presiding)
January 26, 2023 Opinion or Order Filing 443 RESPONSE to #423 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Receiver Geoff Winkler. (Hendricks, Kara)
January 26, 2023 Opinion or Order Filing 442 ORDER Granting #438 Stipulation Authorizing Defendant Matthew Wade Beasley to Transfer Ownership of Real Properties to Receivership Entity J&J Consulting Services, Inc., a Nevada Corporation Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 1/26/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 25, 2023 Opinion or Order Filing 441 NOTICE of Compliance with the Court's January 25, 2023 Minute Order by Geoff Winkler re 439 Minute Order,,.. (Hendricks, Kara)
January 25, 2023 Opinion or Order Filing 440 NOTICE of Corrected Image/Document re #438 Stipulation, by Receiver Geoff Winkler. (Service of corrected image is attached.). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hendricks, Kara)
January 25, 2023 Opinion or Order Filing 439 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 1/25/2023. In the proposed stipulation and order authorizing defendant Matthew Beasley to transfer ownership of real properties (ECF No. #438 ), the interlineations at page 3 are acknowledged by Beasley only. Because interlineations result in the alteration of a document, the revisions must be acknowledged by a representative of all parties. Counsel is directed to initial the interlineations on page 3, if amenable to them. Counsel must then file the amended stipulation under the event titled "Notice of Corrected Image/Document," linking it to the originally filed stipulation. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
January 24, 2023 Opinion or Order Filing 438 STIPULATION and [Proposed] Order Authorizing Defendant Matthew Wade Beasley to Transfer Ownership of Real Properties to Receivership Entity J&J Consulting Services, Inc., a Nevada Corporation Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hendricks, Kara) (other) (presiding)
January 24, 2023 Opinion or Order Filing 437 ORDER Granting #436 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/24/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 24, 2023 Opinion or Order Filing 436 Proposed STIPULATED PROTECTIVE ORDER (REGARDING PRODUCTION OF DOCUMENTS, INFORMATION, AND THINGS BY ECO CAPITAL, INC.) by Receiver Geoff Winkler.. (Rickard, Jarrod)
January 23, 2023 Opinion or Order Filing 435 ORDER Granting #434 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 23, 2023 Opinion or Order Filing 434 Proposed STIPULATED PROTECTIVE ORDER (REGARDING PRODUCTION OF DOCUMENTS, INFORMATION, AND THINGS BY ECO BATTERY, LLC) by Receiver Geoff Winkler.. (Rickard, Jarrod)
January 23, 2023 Opinion or Order Filing 433 ORDER Granting #432 Stipulation and Order Authorizing the Sale of Real Property Located at 516 11th Street, Huntington Beach, California with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 1/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 20, 2023 Opinion or Order Filing 432 STIPULATION and [Proposed] Order Authorizing the Sale of Real Property Located at 516 11th Street, Huntington Beach, California with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit A)(Hendricks, Kara) (other) (presiding)
January 20, 2023 Opinion or Order Filing 431 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (TRW)
January 20, 2023 Opinion or Order Filing 430 ORDER Granting #429 Discovery Plan and Scheduling Order. Discovery due by 2/9/2024. Motions due by 3/11/2024. Proposed Joint Pretrial Order due by 4/10/2024. Signed by Magistrate Judge Elayna J. Youchah on 1/20/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 20, 2023 Opinion or Order Filing 429 Joint Stipulated Discovery Plan and Scheduling Order by Plaintiff Securities and Exchange Commission.. (Fronk, Casey)
January 17, 2023 Opinion or Order Filing 428 MINUTES OF PROCEEDINGS - Status and Motion hearing held on 1/17/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk; Def Counsel: Kara Hendricks, Marc Cook, George Kelesis, Ross Goodman, Louis Palazzo, Jonathan Blum, Jarrod Rickard, Zack Williams; by video-Zoom conference David Clukey, Joshua Del Castillo, Matthew Pham; Court Reporter: Samantha McNett; Time of Hearing: 1:37 p.m. - 2:23 p.m.; Courtroom: 6B; Counsel for the parties are present. The Court makes preliminary remarks and hears representations of counsel. Accordingly, as stated on the record the Court Grants #2 Motion to Remand to State Court as to case: 2:22-cv-1549-CDS-EJY. The Court will issue Order. The Court hears representations as to #345 Opposition to Motion to Amend Preliminary Injunction Order #119 and #120. The Court will give parties 21 days to meet and confer on a proposed stipulation regarding the accounts. Status Hearing as to Objections ECF #387 , #423 , and #380 is set for 2/15/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) Modified on 1/19/2023 to reflect correct ECF docket number (DXS).
January 17, 2023 Opinion or Order Filing 427 ORDER Granting #426 Stipulation to Turnover the Seized Property to the SEC Receiver. Signed by Judge Cristina D. Silva on 1/17/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 17, 2023 Opinion or Order Filing 426 STIPULATION to Turnover the Seized Property to the SEC Receiver as to Jennifer Judd; Jeffrey J. Judd, d.b.a. J&J Consulting Services, Inc., Alaska; J&J Consulting Services, Inc., Nevada; and J and J Purchasing, LLC, and Order re #403 Order on Motion, by Respondent United States of America. (Hollingsworth, Daniel) (other) (presiding)
January 13, 2023 Opinion or Order Filing 425 ORDER Granting #424 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/13/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 13, 2023 Opinion or Order Filing 424 Proposed STIPULATED PROTECTIVE ORDER (Regarding Production of Documents, Information, and Things by Wells Fargo Bank, N.A.) by Receiver Geoff Winkler.. (Rickard, Jarrod)
January 12, 2023 Opinion or Order Filing 423 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re #417 Order, by Interested Party Kamille Dean. Responses due by 1/26/2023. (TRW)
January 11, 2023 Opinion or Order Filing 422 ORDER Granting #421 Stipulation and Order Authorizing the Sale of Real Properties Located at 2394 and 2364 E. La Sal Peak Drive, Heber, Utah, with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 1/11/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 11, 2023 Opinion or Order Filing 421 STIPULATION and [Proposed] Order Authorizing the Sale of Real Properties Located at 2394 and 2364 E. La Sal Peak Drive, Heber, Utah, with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (other) (presiding)
January 5, 2023 Opinion or Order Filing 420 ORDER Denying as moot #409 Motion to Strike and #410 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Elayna J. Youchah on 1/5/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 3, 2023 Opinion or Order Filing 419 ORDER Granting #418 Stipulation Authorizing Sale of Personal Property of Denny Seybert and Rocking Horse Properties, LLC. Signed by Judge Cristina D. Silva on 1/3/2023. (Copies have been distributed pursuant to the NEF - TRW)
January 3, 2023 Opinion or Order Filing 418 First STIPULATION and (Proposed) Order Authorizing Sale of Personal Property of Denny Seybert and Rocking Horse Properties, LLC by Defendant Denny Seybert. (Maningo, Lance) (other) (nondispositive)
December 29, 2022 Opinion or Order Filing 417 ORDER that Receivers Memorandum of Fees (ECF No. #378 ) is GRANTED in the reduced amount of $33,755.24. IT IS FURTHER ORDERED that Kamille Dean is to make payment to Receiver within 30 days of the date of this Order unless an objection is filed. Signed by Magistrate Judge Elayna J. Youchah on 12/29/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 29, 2022 Opinion or Order Filing 416 TRANSCRIPT of Proceedings, 397 Order on Motion to Compel, Order on Motion for Order to Show Cause, Motion Hearing, held on 12/16/2022, before Magistrate Judge Elayna J. Youchah. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 11:15 a.m. - 12:18 p.m.. Any Redaction Request is due by 1/19/2023. Redacted Transcript Deadline is set for 1/29/2023. Release of the Transcript Restriction is set for 3/29/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
December 27, 2022 Opinion or Order Filing 415 ORDER granting #402 Motion re Amended Second Quarterly Application for Payment of Fees and Reimbursement of Expenses of Receiver's Counsel: (1) Allen Natsis, LLP; and (2) Semenza Kircher Rickardis. ORDER granting #405 Motion re Amended Second Quarterly Application for Payment of Fees and Reimbursement of Expenses for Receiver and Receiver's Counsel Greenberg Traurig. Signed by Judge Cristina D. Silva on 12/27/2022. (Copies have been distributed pursuant to the NEF - HAM)
December 23, 2022 Opinion or Order Filing 414 RESPONSE to #387 Motion for Reconsideration by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
December 22, 2022 Opinion or Order Filing 413 REPLY to #392 Response re #380 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Interested Party Kamille Dean. (KF)
December 22, 2022 Opinion or Order Filing 412 REPLY to #391 Response re #380 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Interested Party Kamille Dean. (KF)
December 21, 2022 Opinion or Order Filing 411 RESPONSE to #396 OBJECTION to MAGISTRATE RULING ON ISSUES by Receiver Geoff Winkler. (Hendricks, Kara) Modified title of Linked document on 12/22/2022 (DRS).
December 21, 2022 Opinion or Order Filing 410 MOTION for Leave to File Document re #395 Response, #394 Response by Receiver Geoff Winkler. Responses due by 1/4/2023. (Hendricks, Kara) (nondispositive)
December 21, 2022 Opinion or Order Filing 409 MOTION to Strike #395 Response, #394 Response by Receiver Geoff Winkler. Responses due by 1/4/2023. (Hendricks, Kara) (nondispositive)
December 20, 2022 Opinion or Order Filing 408 ORDER Granting #401 Motion to Admit Government Attorney Michael E. Welsh. Attorney Michael E. Welsh substituted in for Attorney Tracy S. Combs. Signed by Judge Cristina D. Silva on 12/20/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 20, 2022 Opinion or Order Filing 407 RESPONSE to #387 Motion for Reconsideration by Receiver Geoff Winkler. (Rickard, Jarrod)
December 20, 2022 Opinion or Order Filing 406 Amended MOTION to Approve Second Quarterly Applications for Fees and Reimbursement of Expenses for Receiver and Receiver's Counsel for the period July 1, 2022 through September 30, 2022 re #366 Motion for Attorney Fees, #365 Motion for Attorney Fees, #362 Declaration, #361 Declaration, #402 Motion for Attorney Fees, #405 Motion, #360 Motion for Attorney Fees, by Receiver Geoff Winkler. Responses due by 1/3/2023. (Attachments: #1 Exhibit A)(Hendricks, Kara) (misc) (presiding)
December 20, 2022 Opinion or Order Filing 405 Amended MOTION for Payment of Fees and Reimbursement of Expenses of Receiver and Receiver's Counsel, Greenberg Traurig, LLP re #365 Motion for Attorney Fees, by Receiver Geoff Winkler. Responses due by 1/3/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara) (misc) (presiding)
December 20, 2022 Opinion or Order Filing 404 ORDER DISMISSING BANKRUPTCY and RELATED CASES. IT IS HEREBY ORDERED that case numbers 2:22-cv-01352-CDS-EJY, 2:22-cv-01532-CDS-EJY, 2:22-cv-01537-CDS-EJY, 2:22-cv-01548-CDS-EJY, and 2:22-cv-01636-CDS-EJY are DISMISSED. The Clerk of Court is directed to CLOSE THOSE CASES if they are not already closed. Signed by Judge Cristina D. Silva on 12/20/2022. (Copies have been distributed pursuant to the NEF - TRW) Modified on 12/20/2022 to show that this case, 2:22-cv-00612 is NOT closed. (DRS).
December 20, 2022 Opinion or Order Filing 403 ORDER Granting #319 Motion for Turnover of Receivership Property. See Order for specifications. Signed by Judge Cristina D. Silva on 12/20/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 20, 2022 Opinion or Order Filing 402 Amended MOTION for Attorney Fees AMENDED SECOND QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD re 399 Motion Hearing,,,,,,,, by Receiver Geoff Winkler. (Discovery) Responses due by 1/3/2023. (Rickard, Jarrod)
December 20, 2022 Opinion or Order Case Reopened - Closed in error by Clerk. The Order entered at #404 on 12/20/2022 closes related cases, but does NOT close this matter. (DRS)
December 19, 2022 Opinion or Order Filing 401 MOTION to Admit Government Attorney Michael E. Welsh by Plaintiff Securities and Exchange Commission. (Combs, Tracy)
December 16, 2022 Opinion or Order Filing 400 ORDER that the Status Report (ECF No. #343 ) and the actions of Receiver Geoff Winkler are approved. IT IS FURTHER ORDERED that the receivership should continue pursuant to the terms set forth in the Order Appointing Receiver (Order, ECF No. #88 ). IT IS FURTHER ORDERED that the receiver is authorized to undertake the recommendations set forth in the Status Report including a continued engagement of professionals he deems necessary for the proper administration of the Receivership entities and their estate. Signed by Judge Cristina D. Silva on 12/16/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 16, 2022 Opinion or Order Filing 399 AMENDED MINUTES OF PROCEEDINGS - Motion Hearing as to case 2:22-cv-612-CDS-EJY, 2:22-cv-1352-CDS-EJY, 2:22-cv-1549-CDS-EJY held on 12/16/2022 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk and Tracy Combs; Def Counsel: Kara Hendricks, Jonathan Blum, Timothy Pittsenbarger, Keely Perdue-Chippoletti, David O'Toole, Kyle Ewing, Zach Williams, David Zaro by video conference: Mark Cook, T. Louis Palazzo, David Clukey, Matthew Pham, Cameron Gulden; Court Reporter: Samantha McNett; Time of Hearing: 1:44 p.m. - 2:50 p.m.; Courtroom: 6B; Parties are present in person and video conference Zoom. The Court makes preliminary remarks. Arguments were presented regarding pending motions. As stated on the record, Receiver's Motion to Dismiss as to case # 2:22-cv-1352-CDS-EJY, ECF No. #13 is Granted.Receiver's Motion to Remand to State Court as to case # 2:22-cv-1549-CDS-EJY, ECF No. #2 will be heard at the hearing set for 1/17/2023 at 1:30 p.m. Docket entry was previously entered ECF No #8 as granted in error as to case # 2:22-cv-1549 and in error as to ECF No. 398 case # 2:22-cv-612-CDS-EJY. The Court moves on to case 2:22-cv-00612-CDS-EJY. Accordingly, as stated on the record: Defendant's Motion to Clarify Asset Freeze re #207 Order, #206 Order ECF No. #332 is Denied. Motion For Turnover of Receivership Property Held by The United States Marshals Service or Other Federal Agency as A Result Of Warrants Issued Regarding Defendants ECF No. #319 is Granted. The Court will issue order to follow. Motion for Attorney Fees ECF No. #360 , #365 , and #366 are Denied without prejudice. The Court orders that motions be refiled with additional clarification and due no later than Wednesday, December 21, 2022. The Court will review Status Report with proposed order #343 . Status hearing and Hearing re: Motion for Remand ECF #2 case # 2:22-cv-1549-CDS-EJY is set for January 17, 2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
December 16, 2022 Opinion or Order Filing 398 MINUTES OF PROCEEDINGS - Motion Hearing as to case 2:22-cv-612-CDS-EJY, 2:22-cv-1352-CDS-EJY, 2:22-cv-1549-CDS-EJY held on 12/16/2022 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk and Tracy Combs; Def Counsel: Kara Hendricks, Jonathan Blum, Timothy Pittsenbarger, Keely Perdue-Chippoletti, David O'Toole, Kyle Ewing, Zach Williams, David Zaro by video conference: Mark Cook, T. Louis Palazzo, David Clukey, Matthew Pham, Cameron Gulden; Court Reporter: Samantha McNett; Time of Hearing: 1:44 p.m. - 2:50 p.m.; Courtroom: 6B; Parties are present in person and video conference Zoom. The Court makes preliminary remarks. Arguments were presented regarding pending motions. As stated on the record, Receiver's Motion to Dismiss as to case # 2:22-cv-1352-CDS-EJY, ECF No. #13 is Granted.Receiver's Motion to Remand to State Court as to case # 2:22-cv-1549-CDS-EJY, ECF No. #2 is Granted.The Court moves on to case 2:22-cv-00612-CDS-EJY. Accordingly, as stated on the record: Defendant's Motion to Clarify Asset Freeze re #207 Order, #206 Order ECF No. #332 is Denied. Motion For Turnover of Receivership Property Held by The United States Marshals Service or Other Federal Agency as A Result Of Warrants Issued Regarding Defendants ECF No. #319 is Granted. The Court will issue order to follow. Motion for Attorney Fees ECF No. #360 , #365 , and #366 are Denied without prejudice. The Court orders that motions be refiled with additional clarification and due no later than Wednesday, December 21, 2022. The Court will review Status Report with proposed order #343 . Status hearing is set for January 17, 2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
December 16, 2022 Opinion or Order Filing 397 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/16/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Kara Hendrix, Kyle Ewing, Geoff Winkler, Casey Fronk and Tracy Combs; Def Counsel: Aaron Grigsby; Recording start and end times: 11:15a.m. - 12:18p.m.; Courtroom: 3D; The Court makes preliminary remarks and hears representations of counsel as to #333 Motion to Compel (re Paula Beasley and Aaron Grigsby) by Receiver Geoff Winkler and #334 Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply with this Court's Orders and Request for Turnover of Mercedes G-Wagon or Value of Same by Receiver Geoff Winkler.The Court sets forth its findings on the record and GRANTS the Motion to Compel (ECF No. 333) and DENIES without prejudice the Motion for Order to Show Cause (ECF No. 334). The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 15, 2022 Opinion or Order Filing 396 OBJECTION to MAGISTRATE RULING ON ISSUES by Interested Party Kamille Dean. (TRW) Modified title of document and removed links on 12/16/2022. Clerk's Note: The reply deadline of of 12/22/2022 as to Responses #391 and #392 for Interested Party Kamille Dean are put back into place. NEF Regenerated. (DRS).
December 15, 2022 Opinion or Order Filing 395 DECLARATION in opposition to #378 Memorandum, by Interested Party Kamille Dean. (TRW)
December 15, 2022 Opinion or Order Filing 394 OPPOSITION to #378 Memorandum, by Interested Party Kamille Dean. (TRW)
December 15, 2022 Opinion or Order Filing 393 ORDER Granting #390 Stipulation Authorizing the Sale of Real Property at 2065 Canvas Edge Drive, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 12/15/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 15, 2022 Opinion or Order Filing 392 RESPONSE to #380 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Plaintiff Securities and Exchange Commission. Replies due by 12/22/2022. (Fronk, Casey)
December 15, 2022 Opinion or Order Filing 391 RESPONSE to #380 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Receiver Geoff Winkler. Replies due by 12/22/2022. (Hendricks, Kara)
December 14, 2022 Opinion or Order Filing 390 Amended STIPULATION and [Proposed] Order Authorizing the Sale of Real Property at 2065 Canvas Edge Drive, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit A)(Hendricks, Kara) (other) (presiding)
December 13, 2022 Opinion or Order Filing 389 ORDER Denying #199 Motion to Dismiss. Signed by Judge Cristina D. Silva on 12/13/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 13, 2022 Opinion or Order Filing 388 ORDER Granting 385 Motion to Withdraw as Attorney and #386 Motion to Withdraw as Attorney. Kenneth E Hogan withdrawn from the case. Signed by Magistrate Judge Elayna J. Youchah on 12/13/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 12, 2022 Opinion or Order Filing 387 MOTION to Reconsider re #373 Order on Motion to Intervene by Intervenor Plaintiffs Omid Shahabe, Kristie Young. Responses due by 12/26/2022. (Urga, William) (MJorder)
December 12, 2022 Opinion or Order Filing 386 MOTION to Withdraw as Attorney by Kenneth E. Hogan for Defendant Jason A. Jenne re 370 Order on Motion to Withdraw as Attorney,,,,, Minute Order,,,,. Responses due by 12/26/2022. (Attachments: #1 Exhibit Redacted Hogan Declaration)(Hogan, Kenneth)
December 7, 2022 Opinion or Order Filing 384 ORDER Granting #383 Stipulation Authorizing the Sale of Real Property at 2065 Canvas Edge Drive with Proceeds of Sale to be Transferred from Escrow Directly to the Receiver. IT IS HEREBY ORDERED that; Seller may sell the Canvas Property pursuant to the terms of the PSA; The deposit received by Escrow pursuant to the PSA shall be immediately transferred to the Receiver; and Upon the Closing of the sale of the Canvas Property pursuant to the PSA, the net proceeds shall be wired directly from Escrow to the Receiver. Signed by Judge Cristina D. Silva on 12/7/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 2, 2022 Opinion or Order Filing 383 STIPULATION Authorizing the Sale of Real Property at 2065 Canvas Edge Drive with Proceeds of Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
December 2, 2022 Opinion or Order Filing 382 ORDER Granting #377 Stipulation to Continue (First Request). Motion Hearing re #199 Motion to Dismiss set for 1/17/2023 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. Signed by Judge Cristina D. Silva on 12/2/2022. (Copies have been distributed pursuant to the NEF - TRW)
December 1, 2022 Opinion or Order Filing 381 DECLARATION and MOTION to find the OSC re Contempt of Court and Turn Over Order as moot by Interested Party Kamille Dean. Responses due by 12/15/2022. (TRW)
December 1, 2022 Opinion or Order Filing 380 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re #368 Order on Motions by Interested Party Kamille Dean. Responses due by 12/15/2022. (TRW)
December 1, 2022 Opinion or Order Filing 378 MEMORANDUM to #368 Order on Motion to Compel,,,,,, Order on Motion to Quash,,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,, by Receiver Geoff Winkler.. (Attachments: #1 Index of Exhibits, #2 Declaration of Kara B. Hendricks, Esq., #3 Declaration of Joshua A. del Castillo, Esq.)(Hendricks, Kara)
December 1, 2022 Opinion or Order Filing 377 STIPULATION TO CONTINUE (First Request) re: (ECF No. 119) SEC's Motion and Memorandum of Points and Authorities in Support of Motion to Amend Preliminary Injunction Order by Defendant Mark A. Murphy. (Cook, Marc) (continue) (presiding)
December 1, 2022 Opinion or Order Filing 376 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 12/1/2022. By Judicial Assistant: E. Santiago. RE: Motion to Compel or Alternative Motion for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply with This Court's Orders and Request for Turnover of Mercedes G-Wagon or Value of Same (ECF No. #333 ). Motion Hearing set for Friday, December 16, 2022 at 11:00 am in LV Courtroom 3D before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
November 30, 2022 Opinion or Order Filing 375 ORDER. IT IS HEREBY ORDERED that the Emergency Motion to Withdraw as Counsel of Record for Kamille Dean (ECF No. #374 ) is GRANTED. Signed by Magistrate Judge Elayna J. Youchah on 11/30/2022.; Attorney Kimberley Arin Hyson terminated. (Copies have been distributed pursuant to the NEF - YAW)
November 29, 2022 Opinion or Order Filing 374 Emergency MOTION to Withdraw as Attorney by Kimberley A. Hyson for Interested Party Kamille Dean. Responses due by 12/13/2022. (Attachments: #1 Exhibit A)(Hyson, Kimberley)
November 29, 2022 Opinion or Order Party Omid Shahabe and Kristie Young terminated pursuant to #373 ORDER Denying 281 Motion to Intervene. (DRS)
November 28, 2022 Opinion or Order Filing 373 ORDER Denying #281 Motion to Intervene. Signed by Magistrate Judge Elayna J. Youchah on 11/28/2022. (Copies have been distributed pursuant to the NEF - TRW)
November 18, 2022 Opinion or Order Filing 372 NOTICE OF FILING OF (1) RECEIVER'S MOTION FOR ORDER DISMISSING BANKRUPTCY CASES (FILED IN CASE NO. 2:22-CV-01352-CDS-EJY) AND (2) RECEIVER'S MOTION FOR ORDER REMANDING ACTION TO STATE COURT (FILED IN CASE NO. 2:22-CV-01549-CDS-EJY by Geoff Winkler.. (Rickard, Jarrod)
November 17, 2022 Opinion or Order Filing 371 REPLY to Response to #319 Motion, by Receiver Geoff Winkler. (Hendricks, Kara)
November 17, 2022 Opinion or Order Filing 370 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 11/17/2022. By Judicial Assistant: E. Santiago.Pending before the Court is the Motion to Withdraw as Counsel for Jason A. Jenne (ECF No. #369 ). The Motion provides, in conclusory and summary fashion, without a declaration of counsel, that the client and counsel are at an impasse regarding how to proceed in this case. That statement, with nothing more, is insufficient for the Court to consider the Motion. If counsel believes he cannot reveal the basis for withdrawal without compromising the attorney client privilege, he may file the renewed motion under seal in compliance with U.S. District Court for the District of Nevada LR IA 10-5. A redacted version of the renewed motion must be filed on the public docket.Accordingly, IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel for Jason A. Jenne (ECF No. #369 ) is DENIED without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
November 17, 2022 Opinion or Order Filing 369 MOTION to Withdraw as Attorney by Kenneth Hogan for Defendant Jason A. Jenne. Responses due by 12/1/2022. (Hogan, Kenneth)
November 17, 2022 Opinion or Order Filing 368 ORDER that Receivers Motion to Compel or Alternative Motion for Order to Show Cause Why Kamille Dean Should Not Be Held in Contempt for Failure to Comply with this Courts Order Appointing Receiver Due to Failure to Turn Over Assets (ECF No. #210 ) is GRANTED. IT IS FURTHER ORDERED that Ms. Dean must turn over the $210,060 to Receiver within 30 days of the date of this Order. IT IS FURTHER ORDERED that Receivers request for an award of fees and costs associated with bringing and succeeding on the Motion to Compel is GRANTED. IT IS FURTHER ORDERED that Receivers counsel must submit a memorandum of fees and costs associated with bringing the Motion to Compel detailing the activities, hours spent (in tenths of hours), and the rate charged by each attorney and non-attorney who worked on the Motion and related filings. IT IS FURTHER ORDERED that Non-Party Kamille Deans Motion to Quash Jurisdiction Over Kamille Dean and Receivers Motion for Order to Show Cause (ECF No. #257 ) and Motion to Strike Receivers Motion for Order to Show Cause (ECF No. #258 ) are DENIED. IT IS FURTHER ORDERED that Non-Party Kamille Deans Motion for Leave of Court to File Interpleader Action Under 28 U.S.C Section 959(a) (ECF No. #259 ) is DENIED. Signed by Magistrate Judge Elayna J. Youchah on 11/17/2022. (Copies have been distributed pursuant to the NEF - TRW)
November 16, 2022 Opinion or Order Filing 367 ORDER Granting #359 Stipulation Authorizing the Sale of Real Property at 9 Sky Arc Court, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 11/16/2022. (Copies have been distributed pursuant to the NEF - TRW)
November 15, 2022 Opinion or Order Filing 366 MOTION for Attorney Fees Omnibus Motion To Approve Second Quarterly Applications For Fees And Reimbursement Of Expenses For Receiver And Receivers Counsel For The Period From July 1, 2022 Through September 30, 2022 re #365 Motion for Attorney Fees, #362 Declaration, #360 Motion for Attorney Fees, #361 Declaration by Receiver Geoff Winkler. (Discovery) Responses due by 11/29/2022. (Attachments: #1 Exhibit 1 - Proposed Order)(Hendricks, Kara)
November 15, 2022 Opinion or Order Filing 365 Quarterly MOTION for Attorney Fees Second Quarterly Application for Payment of Fees and Reimbursement of Expenses of Receiver and Receiver's Counsel Greenberg Traurig by Receiver Geoff Winkler. (Discovery) Responses due by 11/29/2022. (Attachments: #1 Exhibit 1 - Declaration of Geoff Winkler and supporting documents, #2 Exhibit 2 - Declaration of Kara Hendricks and supporting documents)(Hendricks, Kara)
November 15, 2022 Opinion or Order Filing 364 MINUTES OF PROCEEDINGS - Status Conference held on 11/15/2022 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Casey Fronk and Tracy Combs; Def Counsel: Kara Hendricks, Ky Luewing, Jonathan Blum, Mark Cook, William Urga, Jarrod Rickard and present by via Zoom T. Louis Palazzo, Joshua Andrew del Castillo, Matthew Pham, and Kevin Christiansen ; Court Reporter: Samantha McNett; Time of Hearing: 1:32 p.m. -1:47 p.m.; Courtroom: 6B; Parties are present in person and via Zoom. The Court makes preliminary remarks and hears representations of counsel as to #359 Stipulation Authorizing the Sale of Real Property at 9 Sky Arc Court, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver, #319 Motion for Turnover of Receivership Property Held by The United States Marshals Service or Other Federal Agency as A Result of Warrants Issued Regarding Defendants. Ms. Hendricks will file a reply as to #319 . The Court has Granted #359 and will issue order. Hearing as to #360 Motion for Attorney fees, #199 Motion to Dismiss #118, #332 Motion to Clarify Asset Freeze and #119 Motion to Amend/Correct set for 12/16/2022 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. Parties are to be prepared to argue. If the Court is able to resolve matters, an order will issue and will take those matters off the calendar. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
November 15, 2022 Opinion or Order Filing 363 REPLY to Response to #333 Motion to Compel, by Receiver Geoff Winkler. (Attachments: #1 Exhibit 16 - Declaration of Blake Price-Zorn, #2 Exhibit 17 - Text Messages between Pride-Zorn and Paula Beasley, #3 Exhibit 18 - Geoff Winkler Amended Declaration)(Hendricks, Kara)
November 15, 2022 Opinion or Order Filing 362 DECLARATION of Jarrod L. Rickard re #360 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
November 15, 2022 Opinion or Order Filing 361 DECLARATION of Joshua A. del Castillo re #360 Motion for Attorney Fees, by Receiver Geoff Winkler.. (Rickard, Jarrod)
November 15, 2022 Opinion or Order Filing 360 MOTION for Attorney Fees SECOND QUARTERLY APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER'S COUNSEL: (1) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; AND (2) SEMENZA KIRCHER RICKARD by Receiver Geoff Winkler. (Discovery) Responses due by 11/29/2022. (Rickard, Jarrod)
November 14, 2022 Opinion or Order Filing 359 STIPULATION Authorizing the Sale of Real Property at 9 Sky Arc Court, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver by Receiver Geoff Winkler. (Attachments: #1 Exhibit A)(Hendricks, Kara) (other) (presiding)
November 11, 2022 Opinion or Order Filing 357 REPLY to #119 Motion to Amend/Correct, by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration Supplemental Declaration of Amir Salimi)(Fronk, Casey)
November 10, 2022 Opinion or Order Filing 356 RESPONSE to #333 Motion to Compel, #334 Motion for Order to Show Cause,, by Defendant Paula Beasley. Replies due by 11/17/2022. (Grigsby, Aaron)
November 10, 2022 Opinion or Order Filing 354 RESPONSE to #319 Motion, by Respondent United States of America. Replies due by 11/17/2022. (Hollingsworth, Daniel)
November 10, 2022 Opinion or Order Filing 353 STIPULATION to Dismiss the Civil Forfeiture and to Turnover the $353,900 and $20,081 to the SEC Receiver as to Christopher Humphries and Jessica Humphries, and Order re #319 Motion, by Respondent United States of America. (Hollingsworth, Daniel) (other) (answer)
November 9, 2022 Opinion or Order Filing 352 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Aaron Grigsby is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ (no image attached) (EDS)
November 9, 2022 Opinion or Order Filing 351 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #350 Response was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. #350 was signed by Attorney Aaron D. Grigsby but filed using the account of Garrett Ogata, an attorney who withdrew from the case. No further action is required concerning this document at this time. (no image attached) (EDS)
November 8, 2022 Opinion or Order Filing 350 RESPONSE to #333 Motion to Compel, #334 Motion for Order to Show Cause,, by Defendant Paula Beasley. Replies due by 11/15/2022. (Ogata, Garrett)
November 8, 2022 Opinion or Order Filing 349 NOTICE of Certified Statement of Defendant by Larry Jeffery.. (Goodman, Ross)
November 7, 2022 Opinion or Order Filing 348 REPLY to #332 Motion,, #339 Response by Defendant Richard R. Madsen. (O'Toole, David)
November 4, 2022 Opinion or Order Filing 347 REPLY to #332 Motion,, #338 Response, by Defendant Richard R. Madsen. (O'Toole, David)
November 3, 2022 Opinion or Order Filing 346 ERRATA to #345 Response, by Defendant Mark A. Murphy.. (Attachments: #1 Exhibit E)(Cook, Marc)
November 2, 2022 Opinion or Order Filing 345 RESPONSE to #120 Motion to Amend/Correct, #119 Motion to Amend/Correct, by Defendant Mark A. Murphy. (Attachments: #1 Index to Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Cook, Marc)
November 1, 2022 Opinion or Order Filing 344 ORDER Granting #337 Stipulation for Withdrawal of Counsel. Attorney Joni Ostler terminated. Signed by Judge Cristina D. Silva on 11/1/2022. (Copies have been distributed pursuant to the NEF - TRW)
October 31, 2022 Opinion or Order Filing 343 STATUS REPORT (Second Quarterly) by Receiver Geoff Winkler.. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hendricks, Kara)
October 31, 2022 Opinion or Order Filing 341 NOTICE of In Camera Submission by Geoff Winkler.. (Attachments: #1 Exhibit)(Hendricks, Kara)
October 31, 2022 Opinion or Order Filing 339 RESPONSE to #332 Motion,, by Plaintiff Securities and Exchange Commission. Replies due by 11/7/2022. (Fronk, Casey)
October 28, 2022 Opinion or Order Filing 338 RESPONSE to #332 Motion,, by Receiver Geoff Winkler. Replies due by 11/4/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 (Declaration of Kara B. Hendricks), #3 Exhibit 2 (Letter to C. Braganca), #4 Exhibit 3 (Letter from David O'Toole), #5 Exhibit 4 Letter to David O'Toole))(Hendricks, Kara)
October 25, 2022 Opinion or Order Filing 337 STIPULATION for Withdrawal of Counsel (Joni Ostler) by Plaintiff Securities and Exchange Commission. (Fronk, Casey) (other) (attorney)
October 24, 2022 Opinion or Order Filing 336 NOTICE Certified Statement of Nonparty by Robinhood Markets, Inc... (Boos, Nicholas)
October 24, 2022 Opinion or Order Filing 335 NOTICE of Filing by Jason M. Jongeward. (TRW)
October 21, 2022 Opinion or Order Filing 334 MOTION for Order to Show Cause Why Paula Beasley and Aaron Grigsby Should Not be Held in Contempt for Failure to Comply with this Court's Orders and Request for Turnover of Mercedes G-Wagon or Value of Same by Receiver Geoff Winkler. Responses due by 11/4/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Hendricks, Kara) (presiding)
October 21, 2022 Opinion or Order Filing 333 MOTION to Compel (re Paula Beasley and Aaron Grigsby) by Receiver Geoff Winkler. Responses due by 11/4/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Hendricks, Kara) (other)
October 17, 2022 Opinion or Order Filing 332 MOTION to Clarify Asset Freeze re #207 Order, #206 Order by Defendant Richard R. Madsen. Responses due by 10/31/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 May 2022 Engagement Agreement, #3 Exhibit 2 July 2022 Engagement Agreement, #4 Exhibit 3 July 2022 Engagement for Performance Agreement, #5 Exhibit 4 Hendricks Sept. 9 Letter, #6 Exhibit 5 O'Toole Sept. 19 Letter, #7 Exhibit 6 Hendricks Oct. 5 Letter)(O'Toole, David) (misc) (injunctive)
October 14, 2022 Opinion or Order Filing 331 ORDER Granting #327 Motion to Extend Time. Responses re #319 Motion due by 11/10/2022. Signed by Judge Cristina D. Silva on 10/14/2022. (Copies have been distributed pursuant to the NEF - TRW)
October 12, 2022 Opinion or Order Filing 330 ORDER Granting #325 Stipulation and [Proposed] Order Authorizing Release of Funds From Accounts at U.S. Bank National Association and U.S. Bancorp Investments, Inc. re #207 Order. Signed by Judge Cristina D. Silva on 10/12/2022. (Copies have been distributed pursuant to the NEF - YAW)
October 12, 2022 Opinion or Order Filing 329 ORDER Granting #326 Stipulation for Extension of Time (First Request) re Response to Plaintiff's Motions for Asset Freeze and Receivership. Responses due by 11/2/2022. See Order for further information. Signed by Judge Cristina D. Silva on 10/12/2022. (Copies have been distributed pursuant to the NEF - YAW)
October 12, 2022 Opinion or Order Filing 328 NOTICE of Appearance by attorney Jeffrey F. Barr on behalf of Interested Party RPS Properties, LLC. (Barr, Jeffrey)
October 12, 2022 Opinion or Order Filing 327 Joint MOTION to Extend Time (First Request) Unopposed re #319 Motion, by Respondent United States of America. Responses due by 10/26/2022. (Hollingsworth, Daniel) (nondispositive)
October 11, 2022 Opinion or Order Filing 326 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Mark Murphy and SEC re Response to Plaintiff's Motions for Asset Freeze and Receivership by Plaintiff Securities and Exchange Commission. (Fronk, Casey) (extend) (nondispositive)
October 6, 2022 Opinion or Order Filing 325 STIPULATION AND [PROPOSED] ORDER AUTHORIZING RELEASE OF FUNDS FROM ACCOUNTS AT U.S. BANK NATIONAL ASSOCIATION AND U.S. BANCORP INVESTMENTS, INC. re #207 Order by Receiver Geoff Winkler. (Rickard, Jarrod) (other) (injunctive)
October 4, 2022 Opinion or Order Filing 324 ORDER Granting #322 Stipulation and [Proposed] Order Approving and Authorizing Receiver's Sale and Conveyance of Aircraft to Purchaser re #146 Order on Motion. Signed by Judge Cristina D. Silva on 10/4/2022. (Copies have been distributed pursuant to the NEF - YAW)
October 3, 2022 Opinion or Order Filing 323 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/3/2022. By Deputy Clerk: D. Saavedra. Due to a conflict in the Court's schedule, Status Hearing set for 10/13/2022 at 10:00 AM per #213 is RESCHEDULED to 2:00 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
October 3, 2022 Opinion or Order Filing 322 STIPULATION AND [PROPOSED] ORDER APPROVING AND AUTHORIZING RECEIVER'S SALE AND CONVEYANCE OF AIRCRAFT TO PURCHASER re #146 Order on Motion,,, by Receiver Geoff Winkler. (Rickard, Jarrod) (other) (bankruptcy)
September 30, 2022 Opinion or Order Filing 320 NOTICE of Filing Investor List Under Seal by Geoff Winkler.. (Attachments: #1 Exhibit A)(Hendricks, Kara)
September 28, 2022 Opinion or Order Filing 319 MOTION Motion For Turnover of Receivership Property Held by The United States Marshals Service or Other Federal Agency as A Result Of Warrants Issued Regarding Defendants by Receiver Geoff Winkler. Responses due by 10/12/2022. (Attachments: #1 Exhibit A)(Hendricks, Kara) (misc) (presiding)
September 27, 2022 Opinion or Order Filing 318 ORDER. IT IS HEREBY ORDERED that Christopher Humphries and CJ Investments, LLC's motion for attorney's fees [ECF No. #209 ] is DENIED without prejudice. Signed by Judge Cristina D. Silva on 9/27/2022. (Copies have been distributed pursuant to the NEF - YAW)
September 27, 2022 Opinion or Order Filing 317 NOTICE of Certified Statement of Defendant J&J Consulting Services, Inc. (a Nevada Corporation) re #88 Order on Motion to Appoint Receiver filed by Tower 18 Capital LLC. (YAW)
September 26, 2022 Opinion or Order Filing 316 REPLY to #303 Response to #281 Motion to Intervene by Intervenor Plaintiffs Omid Shahabe, Kristie Young. (Urga, William) Modified/ link added on 9/27/2022 (DRS).
September 26, 2022 Opinion or Order Filing 314 REPLY to #300 Response to #281 Motion to Intervene by Intervenor Plaintiffs Omid Shahabe, Kristie Young. (Urga, William) Modified/link added on 9/27/2022 (DRS).
September 23, 2022 Opinion or Order Filing 315 ORDER. IT IS SO ORDERED that the Application (ECF No. #308 ) is approved. See Order for further details. Signed by Judge Cristina D. Silva on 9/23/2022. (Copies have been distributed pursuant to the NEF - YAW)
September 21, 2022 Opinion or Order Filing 312 ANSWER to #118 Amended Complaint, filed by Shane M. Jager, Stirling Consulting, L.L.C. (Palazzo, T.)
September 19, 2022 Opinion or Order Filing 311 ORDER Granting #196 Motion for Order Authorizing Receiver to Employ Tax Professionals. IT IS SO ORDERED that Geoff Winkler, as the court-appointed receiver, is authorized to employ Baker Tilly US, LLP in accordance with the terms set forth in the Motion. Signed by Judge Cristina D. Silva on 9/19/2022. (Copies have been distributed pursuant to the NEF - YAW)
September 15, 2022 Opinion or Order Filing 310 ORDER Granting #305 Stipulation Plaintiff Securities And Exchange Commission's, The Receiver's, Defendant Christopher Humphries', And Non-Party Jessica Humphries' First Stipulation Concerning Living Expenses. Signed by Judge Cristina D. Silva on 9/15/2022. (Copies have been distributed pursuant to the NEF - YAW)
September 14, 2022 Opinion or Order Filing 309 ORDER Granting #306 Unopposed Motion for 7-Day Extensions of Time to Reply to the SEC's and Receiver's Responses to Kristie Young's and Omid Shahabe's Joint Motion to Intervene (First Request) re #303 Response, #300 Response, #281 Motion to Intervene. Replies due by 9/27/2022. Signed by Magistrate Judge Elayna J. Youchah on 9/14/2022. (Copies have been distributed pursuant to the NEF - YAW)
September 14, 2022 Opinion or Order Filing 308 MOTION Amended First Application Of Receiver And Receiver's Professionals For Allowance And Payment Of Fees And Costs For The Period From June 3, 2022 Through June 30, 2022 by Receiver Geoff Winkler. Responses due by 9/28/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 5)(Hendricks, Kara) (misc) (presiding)
September 14, 2022 Opinion or Order Filing 307 DECLARATION of George W. Cochran re #306 Unopposed Motion, by Intervenor Plaintiffs Omid Shahabe, Kristie Young.. (Urga, William)
September 14, 2022 Opinion or Order Filing 306 UNOPPOSED MOTION for 7-Day Extensions of Time to Reply to the SEC's and Receiver's Responses to Kristie Young's and Omid Shahabe's Joint Motion to Intervene (First Request) re #303 Response, #300 Response, #281 Motion to Intervene by Intervenor Plaintiffs Omid Shahabe, Kristie Young. Responses due by 9/28/2022. (Urga, William) (answer)
September 14, 2022 Opinion or Order Filing 305 First STIPULATION Plaintiff Securities And Exchange Commissions, The Receivers, Defendant Christopher Humphries, And Non-Party Jessica Humphries First Stipulation Concerning Living Expenses by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
September 13, 2022 Opinion or Order Filing 304 NOTICE Certificate of Compliance by Richard R. Madsen re #88 Order on Motion to Appoint Receiver, #207 Order.. (O'Toole, David)
September 13, 2022 Opinion or Order Filing 303 RESPONSE to #281 Motion to Intervene by Plaintiff Securities and Exchange Commission. Replies due by 9/20/2022. (Fronk, Casey)
September 12, 2022 Opinion or Order Filing 302 ORDER Granting #264 Motion for Order Authorizing Receiver To Employ Professionals To Assist With The Sale Of Property And Vehicles. Signed by Judge Cristina D. Silva on 9/12/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 12, 2022 Opinion or Order Filing 301 DECLARATION re #300 Response by Receiver Geoff Winkler.. (Rickard, Jarrod)
September 12, 2022 Opinion or Order Filing 300 RESPONSE to #281 Motion to Intervene by Receiver Geoff Winkler. Replies due by 9/19/2022. (Rickard, Jarrod)
September 9, 2022 Opinion or Order Filing 299 Submission of PROPOSED ORDER on #196 Motion by Receiver Geoff Winkler.. (Hendricks, Kara)
September 8, 2022 Opinion or Order Filing 298 ORDER Approving First Quarterly #215 Status Report and Petition for Further Instructions of Receiver Geoff Winkler. See Order for further details. Signed by Judge Cristina D. Silva on 9/8/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 8, 2022 Opinion or Order Filing 297 REPLY to #259 Motion by Interested Party Kamille Dean. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hyson, Kimberley)
September 8, 2022 Opinion or Order Filing 296 REPLY to #258 Motion to Strike by Interested Party Kamille Dean. (Attachments: #1 Exhibit A)(Hyson, Kimberley)
September 8, 2022 Opinion or Order Filing 295 REPLY to #257 Motion to Quash by Interested Party Kamille Dean. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hyson, Kimberley)
September 6, 2022 Opinion or Order Filing 294 NOTICE Certified Statement of Non-Party Credit Union as to Denny D. Seybert by Credit Union 1 re #88 Order on Motion to Appoint Receiver. (Attachments: #1 Cover Letter)(YAW)
September 6, 2022 Opinion or Order Filing 293 NOTICE Certified Statement of Non-Party Credit Union as to Jeffrey and Jennifer Judd, co-trustees of the Judd Nevada Trust by Credit Union 1 re #88 Order on Motion to Appoint Receiver. (Attachments: #1 Cover Letter)(YAW)
September 6, 2022 Opinion or Order Filing 291 Non-Party BitcoinIRA Certified Statement pursuant to paragraph 17.C of #88 Order on Motion to Appoint Receiver. (TRW)
September 3, 2022 Opinion or Order Filing 290 ORDER Granting #289 Stipulation for Extension of Time to File Replies to #275 Response re #257 Motion to Quash, #258 Motion to Strike, and #259 Motion, and Reply re #260 Objection to #210 Motion to Compel. All Replies due by 9/6/2022. Signed by Magistrate Judge Elayna J. Youchah on 9/3/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 2, 2022 Opinion or Order Filing 289 STIPULATION FOR EXTENSION OF TIME (First Request) STIPULATION AND ORDER TO EXTEND TIME FOR KAMILLE DEAN TO FILE HER REPLIES TO: RECEIVERS OMNIBUS RESPONSE TO (1) MOTION TO QUASH JURISDICTION OVER KAMILLE DEAN AND RECEIVERS MOTION FOR OSC RE CONTEMPT AND TURNOVER ORDER (ECF 257); (2) MOTION TO STRIKE OSC RE CONTEMPT AND TURN OVER ORDER FOR JURISDICTIONAL DEFECTS (ECF 258); (3) MOTION FOR LEAVE OF COURT TO FILE INTERPLEADER ACTION UNDER 28 USC SECTION 959(A) (ECF 259); (4) OBJECTION TO THE AFFIDAVITS OF KARA HENDRICKS AND DAVID ZARO (ECF 260); AND PLAINTIFFS RESPONSE TO NON-PARTY KAMILLE DEANS MOTION FOR LEAVE TO FILE INTERPLEADER ACTION [ECF NO. 278] (FIRST REQUEST) re #259 Motion, #260 Response, #278 Response, #257 Motion to Quash, #275 Response, #258 Motion to Strike by Interested Party Kamille Dean. (Hyson, Kimberley) (extend) (answer)
September 2, 2022 Opinion or Order Filing 288 NOTICE of Appearance by attorney Kimberley Arin Hyson on behalf of Interested Party Kamille Dean. (Hyson, Kimberley)
September 1, 2022 Opinion or Order Filing 287 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 9/1/2022. A new action, related to this case and this Court's Order withdrawing bankruptcy actions, was assigned to this Court. See Case No. 2:22-cv-01352-CDS-EJY. The following Case Nos. 22-10943, 22-01061, 22-01062, 22-01066, 22-01069, 22-01070 are pending transmittal from Bankruptcy Court. The Court will address the status and administrative options of the withdrawn Bankruptcy cases at the hearing on 09/07/2022 at 02:00 PM. (no image attached)(Copies have been distributed pursuant to the NEF - JLB)
August 31, 2022 Opinion or Order Filing 286 ORDER Granting #283 Verified Petition for Permission to Practice Pro Hac Vice Attorney Edward W. Cochran for Kristie Young, Omid Shahabe and approving Designation of Local Counsel William Robert Urga. Signed by Judge Cristina D. Silva on 8/31/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
August 31, 2022 Opinion or Order Filing 285 ORDER Granting #282 Verified Petition for Permission to Practice Pro Hac Vice Attorney George W. Cochran for Kristie Young, Omid Shahabe and approving Designation of Local Counsel William Robert Urga. Signed by Judge Cristina D. Silva on 8/31/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
August 31, 2022 Opinion or Order Filing 284 NOTICE REPORT AND RECOMMENDATION OF RECEIVER, GEOFF WINKLER, RE: LIQUIDATION OF ASSETS by Geoff Winkler re #88 Order on Motion to Appoint Receiver, #207 Order.. (Rickard, Jarrod)
August 31, 2022 Opinion or Order Filing 283 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Edward W. Cochran and DESIGNATION of Local Counsel William R. Urga (Filing fee $ 250 receipt number ANVDC-7032314) by Intervenor Plaintiff Omid Shahabe. (Urga, William)
August 31, 2022 Opinion or Order Filing 282 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by George W. Cochran and DESIGNATION of Local Counsel William R. Urga (Filing fee $ 250 receipt number ANVDC-7032285) by Intervenor Plaintiff Kristie Young. (Urga, William)
August 31, 2022 Opinion or Order Filing 281 MOTION to Intervene by Intervenor Plaintiffs Omid Shahabe, Kristie Young. Responses due by 9/14/2022. (Urga, William)
August 31, 2022 Opinion or Order Filing 280 ORDER Granting #279 Stipulation And Order Concerning Seth Johnson's Living Expenses. Signed by Judge Cristina D. Silva on 8/31/2022.(Copies have been distributed pursuant to the NEF - YAW)
August 30, 2022 Opinion or Order Filing 279 STIPULATION Stipulation And [Proposed] Order Concerning Seth Johnsons Living Expenses by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
August 29, 2022 Opinion or Order Filing 278 RESPONSE to #259 Motion by Plaintiff Securities and Exchange Commission. Replies due by 9/5/2022. (Fronk, Casey)
August 29, 2022 Opinion or Order Filing 277 NON-OPPOSITION to #210 Motion to Compel, by Receiver Geoff Winkler. (Hendricks, Kara)
August 29, 2022 Opinion or Order Filing 276 RESPONSE to #260 Response by Receiver Geoff Winkler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara)
August 29, 2022 Opinion or Order Filing 275 RESPONSE to #257 Motion to Quash, #258 Motion to Strike, #259 Motion by Receiver Geoff Winkler. Replies due by 9/5/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hendricks, Kara)
August 25, 2022 Opinion or Order Filing 274 ORDER Granting #273 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge Elayna J. Youchah on 8/25/2022.(Copies have been distributed pursuant to the NEF - KF)
August 25, 2022 Opinion or Order Filing 273 MOTION to remove attorney Trevor R. Waite from the Electronic Service List in this case by Defendant Jeffrey J. Judd. (Waite, Trevor)
August 24, 2022 Opinion or Order Filing 272 NOTICE of Filing Redacted Exhibits in Support of Judd's Motion for Attorney's Fees by Jeffrey J. Judd re #235 Order on Motion for Attorney Fees,,,,,,,,,,,, Order to Show Cause,,,.. (Attachments: #1 Exhibit A - Redacted Exhibits ISO of Judd's Motion for Attorney's Fees Pursuant to Order [ECF No. 235])(Anderson, Kevin)
August 23, 2022 Opinion or Order Filing 271 ORDER Granting #269 Stipulation of Plaintiff Securities and Exchange Commission's, Defendant Christopher Madsen's, and Receiver's Stipulation Concerning Living Expenses. Signed by Judge Cristina D. Silva on 8/23/2022. (Copies have been distributed pursuant to the NEF - YAW)
August 23, 2022 Opinion or Order Filing 270 NOTICE of Compliance with Paragraph 9 by Jason A. Jenne re #88 Order on Motion to Appoint Receiver.. (Hogan, Kenneth)
August 23, 2022 Opinion or Order Filing 269 STIPULATION of Plaintiff Securities and Exchange Commission, Defendant Christopher Madsen and Receiver Concerning Living Expenses by Plaintiff Securities and Exchange Commission. (Fronk, Casey) (other) (injunctive)
August 22, 2022 Opinion or Order Filing 268 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/22/2022. NOTICE Setting Hearing re: #196 Motion for Order Authorizing Receiver to Employ Tax Professionals; #215 First Quarterly Report and Petition for Further Instructions of Receiver; #223 Motion for Further Instructions; #256 First Application of Receiver and Receiver's Professionals for Allowance and Payment of Fees and Costs; and #264 Motion for Order Authorizing Receiver to Employ Professionals to Assist with the Sale of Property and Vehicles. Motions Hearing set for September 7, 2022 at 02:00 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
August 22, 2022 Opinion or Order Filing 267 ERRATA to #264 Motion, by Receiver Geoff Winkler.. (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Hendricks, Kara)
August 19, 2022 Opinion or Order Filing 266 REPLY to Response to #209 Motion by Defendants CJ Investments, LLC, Christopher R. Humphries. (Christiansen, Peter)
August 19, 2022 Opinion or Order Filing 265 ORDER Granting #262 Stipulation and [Proposed] Order Concerning Cameron Rohner Living Expenses. Signed by Judge Cristina D. Silva on 8/19/2022.(Copies have been distributed pursuant to the NEF - YAW)
August 18, 2022 Opinion or Order Filing 264 Motion For Order Authorizing Receiver To Employ Professionals To Assist With The Sale Of Property And Vehicles, by Receiver Geoff Winkler. Responses due by 9/1/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hendricks, Kara) (misc) (presiding)
August 17, 2022 Opinion or Order Attorney update in case: Attorney Katie Lynn Cannata added for Geoff Winkler as listed on the #262 Stipulation. (SLD)
August 17, 2022 Opinion or Order Filing 263 NOTICE of CERTIFIED STATEMENT OF DEFENDANT SHANE JAGER by Shane M. Jager, Stirling Consulting, L.L.C. re #88 Order on Motion to Appoint Receiver.. (Palazzo, T.)
August 17, 2022 Opinion or Order Filing 262 STIPULATION and [Proposed] Order Concerning Cameron Rohner Living Expenses by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
August 17, 2022 Opinion or Order Filing 261 REPLY to Response to #199 Motion to Dismiss by Defendants CJ Investments, LLC, Christopher R. Humphries. (Christiansen, Peter)
August 15, 2022 Opinion or Order Filing 260 OBJECTION to the Affidavits of Kara Hendricks #210 -2 and David Zaro ( #210 -3 re #210 Motion to Compel by Interested Party Kamille Dean. Replies due by 8/22/2022. (YAW)
August 15, 2022 Opinion or Order Filing 259 MOTION for Leave of Court to File Interpleader Action Under 28 U.S.C. Section 959(a) by Interested Party Kamille Dean. Responses due by 8/29/2022. (YAW) (misc) (presiding)
August 15, 2022 Opinion or Order Filing 258 MOTION to Strike re #210 Motion to Compel or Alternative Order to Show Cause by Interested Party Kamille Dean. Responses due by 8/29/2022. (YAW) (nondispositive)
August 15, 2022 Opinion or Order Filing 257 MOTION to Quash Jurisdiction Over Kamille Dean and Receiver's Motion for OSC re #210 Motion to Compel by Interested Party Kamille Dean. Responses due by 8/29/2022. (YAW) (subpoenas)
August 15, 2022 Opinion or Order Filing 256 MOTION First Application of Receiver and Receiver's Professionals for Allowance And Payment of Fees And Costs by Receiver Geoff Winkler. Responses due by 8/29/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hendricks, Kara) (misc) (presiding)
August 12, 2022 Opinion or Order Filing 255 RESPONSE to #209 Motion by Receiver Geoff Winkler. Replies due by 8/19/2022. (Hendricks, Kara)
August 12, 2022 Opinion or Order Filing 254 RESPONSE to #209 Motion by Plaintiff Securities and Exchange Commission. Replies due by 8/19/2022. (Attachments: #1 Exhibit A - Defendant Humphries Discovery Resps)(Fronk, Casey)
August 11, 2022 Opinion or Order Filing 253 ORDER Granting #249 Stipulation that #206 Order Amending Preliminary Injunction and #207 Order Amending Receivership Order Do Not Apply to Defendant, Mark A. Murphy. Signed by Judge Cristina D. Silva on 8/11/2022.(Copies have been distributed pursuant to the NEF - TRW)
August 11, 2022 Opinion or Order Filing 252 RESPONSE to #207 Order by Defendant Cameron Rohner. (Clukey, David)
August 11, 2022 Opinion or Order Filing 251 RESPONSE to #207 Order by Defendant Seth Johnson. (Clukey, David)
August 10, 2022 Opinion or Order Filing 250 ORDER granting #248 Stipulation re Receiver Concerning Living Expense. Signed by Judge Cristina D. Silva on 8/10/2022. (Copies have been distributed pursuant to the NEF - HAM)
August 10, 2022 Opinion or Order Filing 249 STIPULATION and Proposed Order that #206 Order Amending Preliminary Injunction and #207 Order Amending Receivership Order Do Not Apply to Defendant, Mark A. Murphy by Defendant Mark A. Murphy. (Attachments: #1 Joint Letter to Judge Silva)(Cook, Marc) (other) (injunctive) Modified to link to proper orders on 8/11/2022 (DRS).
August 10, 2022 Opinion or Order Filing 248 STIPULATION of Plaintiff Securities and Exchange Commission, Defendant Larry Jeffrey and Receiver Concerning Living Expenses by Plaintiff Securities and Exchange Commission. (Fronk, Casey) (other) (injunctive)
August 10, 2022 Opinion or Order Filing 247 RESPONSE to #199 Motion to Dismiss by Plaintiff Securities and Exchange Commission. Replies due by 8/17/2022. (Fronk, Casey)
August 9, 2022 Opinion or Order Filing 246 CERTIFICATE of Interested Parties by Larry Jeffery. There are no known interested parties other than those participating in the case. (Goodman, Ross)
August 9, 2022 Opinion or Order Filing 245 ANSWER to #118 Amended Complaint, with Jury Demand filed by Larry Jeffery.(Goodman, Ross)
August 9, 2022 Opinion or Order Filing 244 ORDER Denying #236 Motion for Reconsideration. Signed by Judge Cristina D. Silva on 8/9/2022. (Copies have been distributed pursuant to the NEF - JQC)
August 9, 2022 Opinion or Order Filing 243 ORDER Granting #238 Stipulation Authorizing The Sale Of Real Property Held In The Name Of Shane Jager With Proceeds From Sale To Be Transferred From Escrow Directly To The Receiver. Signed by Judge Cristina D. Silva on 8/9/2022. (Copies have been distributed pursuant to the NEF - JQC)
August 9, 2022 Opinion or Order Filing 242 ORDER Granting #230 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sidhardha Kamaraju for ACAC LLC,Sidhardha Kamaraju for Christopher M. Madsen and approving Designation of Local Counsel Jonathan D. Blum. Signed by Judge Cristina D. Silva on 8/9/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
August 9, 2022 Opinion or Order Filing 241 ORDER Granting #240 Motion to Withdraw as Attorney. Garrett T. Ogata has been terminated as counsel of record for Matthew Wade Beasley. Signed by Magistrate Judge Elayna J. Youchah on 8/9/2022.(Copies have been distributed pursuant to the NEF - TRW)
August 8, 2022 Opinion or Order Filing 240 MOTION to Withdraw as Attorney by Garrett T Ogata for Defendant Matthew Wade Beasley. Responses due by 8/22/2022. (Ogata, Garrett)
August 8, 2022 Opinion or Order Filing 239 CERTIFICATE of Interested Parties by Jason A. Jenne. There are no known interested parties other than those participating in the case. (Hogan, Kenneth)
August 8, 2022 Opinion or Order Filing 238 STIPULATION And [Proposed] Order Authorizing The Sale Of Real Property Held In The Name Of Shane Jager With Proceeds From Sale To Be Transferred From Escrow Directly To The Receiver by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
August 8, 2022 Opinion or Order Filing 237 ANSWER to #118 Amended Complaint, with Jury Demand , CROSSCLAIM against Matthew Wade Beasley, Beasley Law Group PC, Jeffrey J. Judd by Jason A. Jenne. filed by Jason A. Jenne.(Hogan, Kenneth)
August 8, 2022 Opinion or Order Filing 236 Emergency MOTION for Reconsideration of: #56 Order and #206 Order Amending Preliminary Injunction and Asset Freeze Order and (2) #88 Order and #207 Order Amending Receivership Order by Defendant Richard R. Madsen. Responses due by 8/22/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Savage, John) (DJorder) Modified to add links to Orders on 8/8/2022 (DRS).
August 5, 2022 Opinion or Order Filing 235 ORDER. IT IS ORDERED that Fabian VanCott's motion for attorney's fees, or alternatively for leave to withdraw (ECF No. #142 ) is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that Fabian VanCott's motion for attorney's fees (ECF No. #142 ) is DENIED. IT IS FURTHER ORDERED that Kevin Anderson, Esq., shall show cause why the submit ex parte submission in support of the Motion for Attorney's Fees should not be filed as an exhibit, subject to redaction in accordance with the local rules and attorney-work product privilege no later than August 24, 2022. IT IS FURTHER ORDERED that Fabian VanCott's motion for leave to withdraw from representation of Defendant Jeffrey Judd (ECF No. #142 ) is GRANTED. IT IS FURTHER ORDERED that Oberheiden, P.C.'s motion to retain earned fees and expenses (ECF No. #164 ) is DENIED. Signed by Judge Cristina D. Silva on 8/5/2022. (Copies have been distributed pursuant to the NEF - HAM)
August 5, 2022 Opinion or Order Filing 234 NOTICE of Corrected Image/Document re #230 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Sidhardha Kamaraju, by Defendants ACAC LLC, Christopher M. Madsen. (Service of corrected image is attached.). (Blum, Jonathan)
August 5, 2022 Opinion or Order Filing 233 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/5/2022. Before the Court is the #230 Verified Petition to Practice Pro Hac Vice, filed by Petitioner Sidhardha Kamaraju. As corrected on the Verified Petition at #113 , and advised on #150 , #201 , and #202 , pursuant to ECF No. 104, the correct case number is 2:22-cv-00612-CDS-EJY. Counsel is directed to file a corrected image using the "Notice of Corrected Image/Document" event and link to #230 .(no image attached) (Copies have been distributed pursuant to the NEF - JLB)
August 5, 2022 Opinion or Order Filing 232 RESPONSE to #88 Order on Motion to Appoint Receiver by Defendant Denny Seybert (Maningo, Lance)
August 5, 2022 Opinion or Order Filing 231 ORDER. IT IS ORDERED that the Receiver's Report (ECF No. #127 ) is accepted. See Order for details. Signed by Judge Cristina D. Silva on 8/5/2022. (Copies have been distributed pursuant to the NEF - HAM)
August 5, 2022 Opinion or Order Filing 230 View Corrected Image at #234 : MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sidhardha Kamaraju and DESIGNATION of Local Counsel Jonathan D. Blum (Filing fee $ 250 receipt number ANVDC-6999587) by Defendants ACAC LLC, Christopher M. Madsen. (Blum, Jonathan) Modified on 8/7/2022 (DRS).
August 4, 2022 Opinion or Order Filing 229 ORDER granting #228 Stipulation Further Amending Preliminary Injunction and Asset Freeze Order as to Defendants Christopher Madsen and ACAC LLC re #206 Order. Signed by Judge Cristina D. Silva on 8/4/2022. (Copies have been distributed pursuant to the NEF - HAM)
August 4, 2022 Opinion or Order Filing 228 STIPULATION and Proposed Order Further Amending Preliminary Injunction and Asset Freeze Order as to Defendants Christopher Madsen and ACAC LLC re #206 Order by Defendants ACAC LLC, Christopher M. Madsen. (Blum, Jonathan) (other) (injunctive)
August 3, 2022 Opinion or Order Filing 227 REPLY to #198 Response, #200 Response re #164 Motion to Retain Earned Fees and Expenses by Defendant Jeffrey J. Judd. (YAW)
August 3, 2022 Opinion or Order Filing 226 ORDER Granting #225 Stipulation Authorizing the Sale of Real Property Held in the Name of Larry Jeffrey and Cassandra Jeffrey with Proceeds from Sale to be Transferred from Escrow Directly to Receiver. Signed by Judge Cristina D. Silva on 8/3/2022.(Copies have been distributed pursuant to the NEF - TRW)
August 3, 2022 Opinion or Order Filing 225 STIPULATION and Proposed Order Authorizing the Sale of Real Property Held in the Name of Larry Jeffrey and Cassandra Jeffrey with Proceeds from Sale to be Transferred from Escrow Directly to Receiver by Receiver Geoff Winkler. (Hendricks, Kara) (other) (nondispositive) Modified text and filing party on 8/3/2022 (EDS).
August 2, 2022 Opinion or Order Filing 224 ORDER. IT IS SO ORDERED that this Court GRANTS Petition (ECF No. #172 ) in its entirety. The procedures proposed by Receiver Geoff Winkler are hereby APPROVED. Signed by Judge Cristina D. Silva on 8/2/2022. (Copies have been distributed pursuant to the NEF - YAW)
August 2, 2022 Opinion or Order Filing 223 MOTION for Further Instructions by Receiver Geoff Winkler. Responses due by 8/16/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hendricks, Kara) (misc) (presiding)
August 2, 2022 Opinion or Order Filing 221 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/2/2022. For efficient management purposes of this case only, Clerk's Notice at ECF No. 217 is VOID. All Reports of the Receiver do not require compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each, separate relief requested therein. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
August 2, 2022 Opinion or Order Filing 218 REPLY to #212 Response to #172 Motion/Petition for ORDER APPROVING PROCEDURES FOR SALES OF REAL PROPERTY OUT OF RECEIVERSHIP by Receiver Geoff Winkler. (Rickard, Jarrod) Modified on 8/2/2022 (DRS).
August 2, 2022 Opinion or Order Filing 217 Void by 221 CLERK'S NOTICE. Attorney Action Required to ECF No. #215 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel must be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. Counsel Kara Hendricks is directed to refile #215 as a Motion. (no image attached) (DRS) Modified on 8/3/2022 (DRS).
August 2, 2022 Opinion or Order Filing 216 NOTICE of Corrected Image/Document re #211 Motion to Remove Attorney from Electronic Service List by Defendants Seth Johnson, Cameron Rohner. (Service of corrected image is attached.). (Pittsenbarger, Timothy)
August 1, 2022 Opinion or Order Filing 222 NOTICE Certified Statement of NonParty Coinbase, Inc. re #88 Order on Motion to Appoint Receiver filed by NonParty Coinbase, Inc. (YAW)
August 1, 2022 Opinion or Order Filing 220 ORDER Granting #211 Motion to Remove Attorney Matthew W. Park from Electronic Service List. Signed by Magistrate Judge Elayna J. Youchah on 8/1/2022.; Attorney Matthew W. Park terminated. (Copies have been distributed pursuant to the NEF - YAW)
August 1, 2022 Opinion or Order Filing 215 First STATUS REPORT and Petition for Further Instructions by Receiver Geoff Winkler.. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hendricks, Kara)
August 1, 2022 Opinion or Order Filing 214 CLERK'S NOTICE. Attorney Action Required to ECF No. #211 Motion. Document is not in compliance with LR IA 6-2: A motion must include an order in the form of a signature block 1 inch below the last typewritten matter on the right-hand side of the last page motion. Counsel Timothy Pittsenbarger is advised to file a Notice of Corrected Image/Document and link to #211 . (no image attached) (DRS)
August 1, 2022 Opinion or Order Filing 213 TRANSCRIPT of Proceedings, held on 07/25/2022, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 10:14 a.m. - 12:35 p.m.. Any Redaction Request is due by 8/22/2022. Redacted Transcript Deadline is set for 9/1/2022. Release of the Transcript Restriction is set for 10/30/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
August 1, 2022 Opinion or Order Filing 212 RESPONSE to #172 Motion by Defendant Christopher R. Humphries. (Perdue, Keely)
August 1, 2022 Opinion or Order Filing 211 View Corrected Image at #216 : MOTION to remove attorney Matthew W. Park from the Electronic Service List in this case by Defendants Seth Johnson, Cameron Rohner. (Pittsenbarger, Timothy) Modified on 8/2/2022 (DRS).
August 1, 2022 Opinion or Order Filing 210 MOTION to Compel or Alternative Motion for Order to Show Cause Why Kamille Dean Should not be held in Contempt for Failure to Comply with this Court's Order by Receiver Geoff Winkler. Responses due by 8/15/2022. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Hendricks, Kara) (other)
July 29, 2022 Opinion or Order Filing 209 MOTION for Release of Funds for Attorney's Fees by Defendants CJ Investments, LLC, Christopher R. Humphries. Responses due by 8/12/2022. (Christiansen, Peter) (misc) (presiding)
July 29, 2022 Opinion or Order Filing 205 Submission of PROPOSED ORDER on #119 Motion to Amend/Correct, by Defendants ACAC LLC, Christopher M. Madsen.. (Blum, Jonathan)
July 28, 2022 Opinion or Order Filing 208 ORDER Granting #203 Stipulation and Proposed Order Allowing Counsel for Christopher M. Madsen and ACAC, LLC to Withdraw. Signed by Judge Cristina D. Silva on 7/28/2022.; Attorney Daniel D. Hill terminated. (Copies have been distributed pursuant to the NEF - YAW)
July 28, 2022 Opinion or Order Filing 207 ORDER AMENDING RECEIVERSHIP ORDER (DKT. NO. #88 ). Signed by Judge Cristina D. Silva on 7/28/2022. (Copies have been distributed pursuant to the NEF - YAW)
July 28, 2022 Opinion or Order Filing 206 ORDER AMENDING PRELIMINARY INJUNCTION AND ASSET FREEZE ORDER(DKT. NO. #56 ). Signed by Judge Cristina D. Silva on 7/28/2022. (Copies have been distributed pursuant to the NEF - YAW)
July 28, 2022 Opinion or Order Filing 204 NOTICE of Appearance by attorney Marc P Cook on behalf of Defendant Mark A. Murphy. (Cook, Marc)
July 28, 2022 Opinion or Order Filing 203 STIPULATION and Proposed Order Allowing Counsel for Christopher M. Madsen and ACAC, LLC to Withdraw by Defendants ACAC LLC, Christopher M. Madsen. (Blum, Jonathan) (other) (attorney)
July 27, 2022 Opinion or Order Filing 202 ORDER Granting #193 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Ori Katz for J and J Purchasing LLC, J&J Consulting Services, Inc. and approving Designation of Local Counsel Louis Martin Bubala, III. Signed by Judge Cristina D. Silva on 7/27/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
July 27, 2022 Opinion or Order Filing 201 ORDER Granting #194 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David C. Clukey for Seth Rohner, Cameron Rohner and approving Designation of Local Counsel Timothy C. Pittsenbarger. Signed by Judge Cristina D. Silva on 7/27/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
July 27, 2022 Opinion or Order Filing 200 RESPONSE to #164 Motion by Receiver Geoff Winkler. Replies due by 8/3/2022. (Hendricks, Kara)
July 27, 2022 Opinion or Order Filing 199 MOTION to Dismiss #118 Amended Complaint, by Defendants CJ Investments, LLC, Christopher R. Humphries. Responses due by 8/10/2022. (Christiansen, Peter)
July 27, 2022 Opinion or Order Filing 198 RESPONSE to #164 Motion by Plaintiff Securities and Exchange Commission. Replies due by 8/3/2022. (Fronk, Casey)
July 25, 2022 Opinion or Order Filing 197 ORDER Granting #177 Motion to Admit Government Attorney David Baddley for Securities and Exchange Commission. Signed by Judge Cristina D. Silva on 7/25/2022.(Copies have been distributed pursuant to the NEF - YAW)
July 25, 2022 Opinion or Order Filing 196 MOTION for Order Authorizing Receiver to Employ Tax Professionals by Receiver Geoff Winkler. Responses due by 8/8/2022. (Attachments: #1 Exhibit 1 (Declaration of Jere Shawver))(Hendricks, Kara) (misc) (presiding)
July 23, 2022 Opinion or Order Filing 195 ANSWER to #118 Amended Complaint, filed by Richard R. Madsen.(O'Toole, David)
July 22, 2022 Opinion or Order Filing 194 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David C. Clukey and DESIGNATION of Local Counsel T. Chase Pittsenbarger (Filing fee $ 250 receipt number ANVDC-6983324) by Defendant Seth Johnson. (Pittsenbarger, Timothy)
July 22, 2022 Opinion or Order Filing 193 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by ORI KATZ and DESIGNATION of Local Counsel LOUIS M. BUBALA III (Filing fee $ 250 receipt number ANVDC-6983231) by Interested Party OFFICIAL COMMITTEE OF UNSECURED CREDITORS IN BANKRUPTCY CASES. (Bubala, Louis)
July 22, 2022 Opinion or Order Filing 192 NOTICE of Appearance by attorney Kevin B Christensen on behalf of Creditor Kent W. Rohner, Trustee of the Kent W. Rohner and Jamie Rohner Declaration of Trust dtd 3/2/1984. (Christensen, Kevin)
July 22, 2022 Opinion or Order Filing 191 NOTICE of Appearance by attorney Kevin B Christensen on behalf of Creditor Vyonne S. Mendenhall. (Christensen, Kevin)
July 21, 2022 Opinion or Order Filing 190 NOTICE of Appearance by attorney Ross C Goodman on behalf of Interested Party Larry Jeffery. (Goodman, Ross)
July 21, 2022 Opinion or Order Filing 189 CERTIFICATE of Interested Parties by Cameron Rohner. There are no known interested parties other than those participating in the case (Park, Matthew)
July 21, 2022 Opinion or Order Filing 188 CERTIFICATE of Interested Parties by Seth Johnson. There are no known interested parties other than those participating in the case (Park, Matthew)
July 21, 2022 Opinion or Order Filing 187 ANSWER to #118 Amended Complaint, filed by Cameron Rohner.(Park, Matthew)
July 21, 2022 Opinion or Order Filing 186 ANSWER to #118 Amended Complaint, filed by Seth Johnson.(Park, Matthew)
July 21, 2022 Opinion or Order Filing 185 REQUEST for Judicial Notice re #184 Reply by Receiver Geoff Winkler.. (Rickard, Jarrod)
July 21, 2022 Opinion or Order Filing 184 REPLY to #175 Response by Receiver Geoff Winkler. (Rickard, Jarrod)
July 20, 2022 Opinion or Order Filing 183 RESPONSE to #142 Motion for Attorney Fees, by Receiver Geoff Winkler. Replies due by 7/27/2022. (Hendricks, Kara)
July 20, 2022 Opinion or Order Filing 182 REPLY to Response to #120 Motion to Amend/Correct by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
July 20, 2022 Opinion or Order Filing 181 REPLY to Response to #119 Motion to Amend/Correct, by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A - Supplemental Declaration of Joni Ostler, #2 Ostler Exhibits 61-76, #3 Ostler Exhibits 77-83, #4 Exhibit B - Supplemental Declaration of Amir Salimi)(Fronk, Casey)
July 20, 2022 Opinion or Order Filing 180 RESPONSE to #142 Motion for Attorney Fees, by Plaintiff Securities and Exchange Commission. Replies due by 7/27/2022. (Fronk, Casey)
July 19, 2022 Opinion or Order Filing 179 NOTICE OF INTENT TO OPPOSE RECEIVER'S PETITION FOR ORDER APPROVING PROCEDURES FOR SALES OF REAL PROPERTY OUT OF RECEIVERSHIP by Christopher R. Humphries re #172 Motion.. (Perdue, Keely)
July 19, 2022 Opinion or Order Filing 178 SUMMONS Returned Executed by Securities and Exchange Commission. Warren Rosegreen served on 7/13/2022. (Fronk, Casey)
July 19, 2022 Opinion or Order Filing 177 MOTION to Admit Government Attorney David Baddley by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
July 18, 2022 Opinion or Order Filing 176 DUPLICATE Consent for Electronic Service of Documents re #171 Consent for Electronic Service of Documents by Interested Party Kamille Dean. (YAW)
July 18, 2022 Opinion or Order Filing 175 RESPONSE to #127 Status Report by Interested Party OFFICIAL COMMITTEE OF UNSECURED CREDITORS IN BANKRUPTCY CASES. (Bubala, Louis)
July 18, 2022 Opinion or Order Filing 174 Submission of PROPOSED ORDER on #173 Declaration, #172 Motion by Receiver Geoff Winkler.. (Rickard, Jarrod)
July 18, 2022 Opinion or Order Filing 173 DECLARATION of GEOFF WINKLER, IN SUPPORT OF PETITION FOR ORDER APPROVING PROCEDURES FOR SALES OF REAL PROPERTY OUT OF RECEIVERSHIP re #172 Motion by Receiver Geoff Winkler.. (Rickard, Jarrod)
July 18, 2022 Opinion or Order Filing 172 MOTION RECEIVER'S PETITION FOR ORDER APPROVING PROCEDURES FOR SALES OF REAL PROPERTY OUT OF RECEIVERSHIP by Receiver Geoff Winkler. Responses due by 8/1/2022. (Rickard, Jarrod) (misc) (presiding)
July 15, 2022 Opinion or Order Filing 171 Consent for Electronic Service of Documents filed by Kamille Rae Dean. (YAW)
July 14, 2022 Opinion or Order Filing 170 ORDER Granting 158 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David O'Toole for Richard R. Madsen and approving Designation of Local Counsel Cami Perkins. Signed by Judge Cristina D. Silva on 7/14/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
July 14, 2022 Opinion or Order Filing 169 ORDER Granting 157 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Celiza P. Braganca for Richard R. Madsen and approving Designation of Local Counsel Cami Perkins. Signed by Judge Cristina D. Silva on 7/14/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
July 14, 2022 Opinion or Order Filing 168 NOTICE of Corrected Image/Document re 157 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Celiza Braganca, by Defendant Richard R. Madsen. (Service of corrected image is attached.). (Attachments: #1 Exhibit Letter of Good Standing)(Perkins, Cami)
July 14, 2022 Opinion or Order Filing 167 NOTICE of Corrected Image/Document re 166 Order on Verified Petition for Permission to Practice Pro Hac Vice,,,,, Minute Order,,,, 158 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney David O'Toole, by Defendant Richard R. Madsen. (Service of corrected image is attached.). (Attachments: #1 Exhibit Letter of Good Standing)(Perkins, Cami)
July 14, 2022 Opinion or Order Filing 166 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/14/2022. MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/13/2022. Before the Court is the 158 Verified Petition to Practice Pro Hac Vice, filed on behalf of Petitioner David O'Toole. The Petition does not include a Certificate of Good Standing from the highest admitting court of each state in which the applicant has been admitted to practice law, as required by this District's Local Rule IA 11-2(b)(3). Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the 158 Petition. IT IS FURTHER ORDERED that Petitioner shall have until August 4, 2022, to file a corrected Verified Petition that includes all applicable Certificates of Good Standing using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiency will result in the denial of the Verified Petition and result in Petitioner's requirement to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
July 14, 2022 Opinion or Order Filing 165 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/14/2022. Before the Court is the 157 Verified Petition to Practice Pro Hac Vice, filed on behalf of Petitioner Celiza P. Braganca. The Petition does not include a Certificate of Good Standing from the highest admitting court of each state in which the applicant has been admitted to practice law, as required by this District's Local Rule IA 11-2(b)(3). Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the 157 Petition. IT IS FURTHER ORDERED that Petitioner shall have until August 4, 2022, to file a corrected Verified Petition that includes all applicable Certificates of Good Standing using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiency will result in the denial of the Verified Petition and Petitioner's requirement to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
July 13, 2022 Opinion or Order Filing 164 MOTION to Retain Earned Fees and Expenses of Non-Party Oberheiden P.C. re #88 Order on Motion to Appoint Receiver by Defendant Jeffrey J. Judd. Responses due by 7/27/2022. (YAW) (misc) (presiding)
July 13, 2022 Opinion or Order Filing 163 RESPONSE to #119 Motion to Amend/Correct, by Defendant Jeffrey J. Judd. Replies due by 7/20/2022. (Anderson, Kevin)
July 13, 2022 Opinion or Order Filing 162 RESPONSE to #120 Motion to Amend/Correct by Defendant Jeffrey J. Judd. Replies due by 7/20/2022. (Anderson, Kevin)
July 13, 2022 Opinion or Order Filing 161 RESPONSE to #119 Motion to Amend/Correct, #120 Motion to Amend/Correct by Defendant Richard R. Madsen. Replies due by 7/20/2022. (Savage, John)
July 13, 2022 Opinion or Order Filing 160 CERTIFICATE of Interested Parties by Richard R. Madsen. There are no known interested parties other than those participating in the case (Savage, John)
July 13, 2022 Opinion or Order Filing 159 RESPONSE to #119 Motion to Amend/Correct, #120 Motion to Amend/Correct by Defendants ACAC LLC, Christopher M. Madsen. Replies due by 7/20/2022. (Attachments: #1 Exhibit A)(Blum, Jonathan)
July 13, 2022 Opinion or Order Filing 156 NOTICE of Appearance by attorney Cami Perkins on behalf of Defendant Richard R. Madsen. (Perkins, Cami)
July 12, 2022 Opinion or Order Filing 155 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/12/2022. AMENDED NOTICE Setting Hearing on 89 (corrected image at #90 ) Motion for Order Authorizing Receiver to Employ Counsel by Receiver Geoff Winkler; #108 Motion for Appointment of Counsel Court-Appointed Receiver Geoff Winkler's Motion for Order Authorizing Receiver to Employ Conflicts Counsel; #114 Motion for Hearing Before District Judge re #88 Order on Motion to Appoint Receiver; #119 Motion to Amend/Correct #56 Order; #120 Motion to Amend/Correct #88 Order on Motion to Appoint Receiver; and #142 Motion for Release of Attorneys Fees, or Alternatively, for Leave to Withdraw. Additionally, the Court will address the relief sought in the #127 Receivers' Report and Recommendation Regarding Chapter 11 Cases. The Court acknowledges that Local Rule 66-5, unless the court orders otherwise, requires that the receiver must give all interested parties and creditors at least 14 days' notice of the time and place of hearings. For purposes of judicial economy, the Court HEREBY ORDERS that the Receivers' Report and Recommendation Regarding Chapter 11 Cases be heard on the same day as 89 (corrected image at #90 ) Motion for Order Authorizing Receiver to Employ Counsel by Receiver Geoff Winkler; #108 Motion for Appointment of Counsel Court-Appointed Receiver Geoff Winkler's Motion for Order Authorizing Receiver to Employ Conflicts Counsel; #114 Motion for Hearing Before District Judge re #88 Order on Motion to Appoint Receiver; #119 Motion to Amend/Correct #56 Order; #120 Motion to Amend/Correct #88 Order on Motion to Appoint Receiver; and #142 Motion for Release of Attorneys Fees, or Alternatively, for Leave to Withdraw. IT IS SO ORDERED. The previously ordered hearing in this matter remains set for July 25, 2022 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva.The hearing may be attended in person or Zoom video conference. The courtroom administrator will provide counsel listed on the docket with the Zoom link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact Courtroom Administrator Denise Saavedra at denise_saavedra@nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
July 12, 2022 Opinion or Order Filing 154 SUMMONS Returned Executed by Securities and Exchange Commission re #123 Summons Issued. Mark A. Murphy served on 7/11/2022. (Fronk, Casey)
July 12, 2022 Opinion or Order Filing 153 SUMMONS Returned Executed by Securities and Exchange Commission re #123 Summons Issued. Richard R. Madsen served on 7/6/2022. (Fronk, Casey)
July 12, 2022 Opinion or Order Filing 152 SUMMONS Returned Executed by Securities and Exchange Commission re #123 Summons Issued. Jason A. Jenne served on 6/30/2022. (Fronk, Casey)
July 12, 2022 Opinion or Order Filing 149 WITHDRAWAL of #114 Motion for Hearing Before District Judge, by Defendant Jeffrey J. Judd. (Anderson, Kevin)
July 11, 2022 Opinion or Order Filing 151 ORDER Granting #144 Stipulation and Order Regarding Turnover of Funds Provided to Counsel by Roland Tanner. See Order for further details. Signed by Judge Cristina D. Silva on 7/11/2022. (Copies have been distributed pursuant to the NEF - YAW)
July 11, 2022 Opinion or Order Filing 150 ORDER Granting #143 Verified Petition for Permission to Practice Pro Hac Vice Attorney Molly M White for Creditor Wells Fargo Bank, N.A. and approving Designation of Local Counsel Joseph G. Went. Signed by Judge Cristina D. Silva on 7/11/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - YAW)
July 11, 2022 Opinion or Order Filing 148 NOTICE Receivership Defendant Christopher Humphries' Statement Regarding Accounting and Taxes by Christopher R. Humphries re #88 Order on Motion to Appoint Receiver.. (Perdue, Keely)
July 11, 2022 Opinion or Order Filing 147 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/11/2022. NOTICE Setting Hearing on 89 (corrected image at #90 ) Motion for Order Authorizing Receiver to Employ Counsel by Receiver Geoff Winkler; #108 Motion for Appointment of Counsel Court-Appointed Receiver Geoff Winklers Motion for Order Authorizing Receiver to Employ Conflicts Counsel; #114 Motion for Hearing Before District Judge re #88 Order on Motion to Appoint Receiver; #119 Motion to Amend/Correct #56 Order; #120 Motion to Amend/Correct #88 Order on Motion to Appoint Receiver; and #142 Motion for Release of Attorneys Fees, or Alternatively, for Leave to Withdraw.Motions hearing set for July 25, 2022 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. The hearing may be attended in person or Zoom video conference. The courtroom administrator will provide counsel listed on the docket with the Zoom link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact Courtroom Administrator Denise Saavedra at denise_saavedra@nvd.uscourts.gov. (no image attached)(Copies have been distributed pursuant to the NEF - JLB)
July 11, 2022 Opinion or Order Filing 146 ORDER Granting #137 Petition of Receiver, Geoff Winkler, for Order Authorizing and Approving General Procedures for Sale of Personal Property Out of Receivership. See Order for further details. Signed by Judge Cristina D. Silva on 7/11/2022. (Copies have been distributed pursuant to the NEF - YAW)
July 8, 2022 Opinion or Order Filing 145 WITHDRAWAL of #122 Motion, by Receiver Geoff Winkler. (Hendricks, Kara)
July 8, 2022 Opinion or Order Filing 144 STIPULATION and [Proposed] Order Regarding Turnover of Funds Provided to Counsel by Roland Tanner by Receiver Geoff Winkler. by Receiver Geoff Winkler. (Hendricks, Kara) (other) (presiding)
July 7, 2022 Opinion or Order Filing 143 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Molly M. White and DESIGNATION of Local Counsel Joseph G. Went (Filing fee $ 250 receipt number ANVDC-6965860) by Creditor Wells Fargo Bank, N.A.. by Creditor Wells Fargo Bank, N.A.. (Went, Joseph)
July 6, 2022 Opinion or Order Filing 142 MOTION for Attorney Fees , or Alternatively for Leave to Withdraw by Defendant Jeffrey J. Judd. (Discovery) by Defendant Jeffrey J. Judd. Responses due by 7/20/2022. (Attachments: #1 Exhibit A- Declaration of Kevin N. Anderson ISO Judd's Motion for Release of Funds for Attorneys Fees, or Alternatively for Leave to Withdraw)(Anderson, Kevin)
July 5, 2022 Opinion or Order Filing 141 NOTICE Judd Statement Regarding Accounting by Jeffrey J. Judd re #88 Order on Motion to Appoint Receiver.. (Anderson, Kevin)
July 5, 2022 Opinion or Order Filing 140 NOTICE Certified Statement of Non-Party U.S. Bank National Association by U.S. Bank National Association re #88 Order on Motion to Appoint Receiver.. (Kinas, Robert)
July 5, 2022 Opinion or Order Filing 139 Submission of PROPOSED ORDER on #137 Motion, #138 Declaration, by Receiver Geoff Winkler.. (Rickard, Jarrod)
July 5, 2022 Opinion or Order Filing 138 DECLARATION of COURT-APPOINTED RECEIVER, GEOFF WINKLER, IN SUPPORT OF PETITION FOR ORDER AUTHORIZING AND APPROVING GENERAL PROCEDURES FOR SALE OF PERSONAL PROPERTY OUT OF RECEIVERSHIP re #137 Motion, by Receiver Geoff Winkler.. (Rickard, Jarrod)
July 5, 2022 Opinion or Order Filing 137 MOTION PETITION OF RECEIVER, GEOFF WINKLER, FOR ORDER AUTHORIZING AND APPROVING GENERAL PROCEDURES FOR SALE OF PERSONAL PROPERTY OUT OF RECEIVERSHIP; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Receiver Geoff Winkler. by Receiver Geoff Winkler. Responses due by 7/19/2022. (Rickard, Jarrod) (misc) (presiding)
July 5, 2022 Opinion or Order Filing 136 WITHDRAWAL of #91 Motion,, by Receiver Geoff Winkler. (Hendricks, Kara)
July 1, 2022 Opinion or Order Filing 135 ORDER Granting #91 Motion Regarding the Receiver's Motion to Compel or Alternatively Order to Show Cause re #88 Order on Motion to Appoint Receiver Signed by Magistrate Judge Elayna J. Youchah on 7/1/2022. (Copies have been distributed pursuant to the NEF - YAW)
July 1, 2022 Opinion or Order Filing 134 SUPPLEMENT to #117 Non-Opposition to Receiver Motion to Compel or Alternative Motion for Order to Show Cause by Receiver Geoff Winkler (Hendricks, Kara)
July 1, 2022 Opinion or Order Filing 133 NOTICE Certified Statement of Non-Party U.S. Bancorp Investments, Inc. by U.S. Bancorp Investments, Inc. re #88 Order on Motion to Appoint Receiver. (Kinas, Robert)
July 1, 2022 Opinion or Order Filing 132 NOTICE of Appearance by attorney Robert R. Kinas on behalf of Interested Parties U.S. Bank National Association, U.S. Bancorp Investments, Inc.. (Kinas, Robert)
July 1, 2022 Opinion or Order Filing 131 STIPULATION and [Proposed] Order Regarding the Receiver's Motion to Compel or Alternatively Order to Show Cause re #91 Motion,, by Defendant Jeffrey J. Judd. (Anderson, Kevin)
July 1, 2022 Opinion or Order Filing 130 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Christopher M. Madsen waiver sent on 6/30/2022, answer due 8/29/2022. (Fronk, Casey)
July 1, 2022 Opinion or Order Filing 129 SUMMONS Returned Executed by Securities and Exchange Commission. Cameron Rohner served on 6/30/2022. (Fronk, Casey)
July 1, 2022 Opinion or Order Filing 128 SUMMONS Returned Executed by Securities and Exchange Commission. Seth Johnson served on 6/30/2022. (Fronk, Casey)
July 1, 2022 Opinion or Order Filing 127 STATUS REPORT RECEIVER'S REPORT AND RECOMMENDATION REGARDING CHAPTER 11 CASES [HEARING REQUESTED] by Receiver Geoff Winkler. (Rickard, Jarrod)
July 1, 2022 Opinion or Order Filing 126 SUMMONS Returned Executed by Securities and Exchange Commission. Larry Jeffery served on 6/30/2022. (Fronk, Casey)
June 30, 2022 Opinion or Order Filing 125 ORDER. IT IS HEREBY ORDERED that, no later than July 5, 2022, the Receiver must file a supplement to his Notice #117 -1 explaining why his proposed order identifies one, not four, entities as noncompliant with the Court's Order to turn over assets. Signed by Magistrate Judge Elayna J. Youchah on 6/30/2022. (Copies have been distributed pursuant to the NEF - YAW) Modified to correct signing judge. NEF regenerated. (ABG)
June 30, 2022 Opinion or Order Filing 124 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Joshua A. del Castillo is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ECF. (no image attached) (SLD)
June 30, 2022 Opinion or Order Filing 123 SUMMONS ISSUED as to Larry Jeffery, Jason A. Jenne, Seth Johnson, Christopher M. Madsen, Richard R. Madsen, Mark A. Murphy, Cameron Rohner, Warren Rosegreen re #118 Amended Complaint. (SLD)
June 29, 2022 Opinion or Order Filing 122 MOTION to Compel or Alternative Motion for Order to Show Cause Why Garrett Ogata Should not be held in Contempt for Failure to Comply with this Court's Order Appointing Receiver Due to Failure to Turnover Assets by Receiver Geoff Winkler. Responses due by 7/13/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Hendricks, Kara)
June 29, 2022 Opinion or Order Filing 121 PROPOSED SUMMONS to be issued (Defendant Larry Jeffery and additional New Defendants) by Plaintiff Securities and Exchange Commission. (Attachments: #1 Summons Jason A. Jenne, #2 Summons Seth Johnson, #3 Summons Christopher M. Madsen, #4 Summons Richard R. Madsen, #5 Summons Mark A. Murphy, #6 Summons Cameron Rohner, #7 Summons Warren Rosegreen) (Fronk, Casey)
June 29, 2022 Opinion or Order Filing 120 MOTION to Amend/Correct #88 Order on Motion to Appoint Receiver by Plaintiff Securities and Exchange Commission. Responses due by 7/13/2022. (Attachments: #1 Exhibit A - Proposed Order) (Fronk, Casey)
June 29, 2022 Opinion or Order Filing 119 MOTION to Amend/Correct #56 Order by Plaintiff Securities and Exchange Commission. Responses due by 7/13/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Joni Ostler, #3 Ostler Exhibits 1-60, #4 Exhibit B - Declaration of Amir Salimi, #5 Salimi Exhibits 1-3, #6 Exhibit C - Proposed Order) (Fronk, Casey)
June 29, 2022 Opinion or Order Filing 118 AMENDED COMPLAINT against Larry Jeffery, Jason A. Jenne, Seth Johnson, Christopher M. Madsen, Richard R. Madsen, Mark A. Murphy, Cameron Rohner, Warren Rosegreen by Securities and Exchange Commission. Adds new parties. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Purchase Agreement, #3 Exhibit B - Investor Agreement, #4 Exhibit C - Buyer Agreement, #5 Exhibit D - PPM) (Fronk, Casey)
June 28, 2022 Opinion or Order Filing 117 NON-OPPOSITION to #91 Motion,, by Receiver Geoff Winkler. (Attachments: #1 Proposed Order) (Hendricks, Kara)
June 28, 2022 Opinion or Order Filing 116 CLERK'S NOTICE. Attorney Action Required to ECF No. #114 Motion for Hearing. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested (4), a separate document must be filed. Counsel is advised to refile ECF No. #114 and be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing separate documents for each request or purpose. (no image attached) (DRS)
June 27, 2022 Opinion or Order Filing 115 NOTICE of In Camera Submission by Jeffrey J. Judd re #114 Motion for Hearing Before District Judge,. (Anderson, Kevin)
June 27, 2022 Opinion or Order Filing 114 MOTION for Hearing Before District Judge re #88 Order on Motion to Appoint Receiver by Defendant Jeffrey J. Judd. (Attachments: #1 Exhibit A - Declaration of Kevin N. Anderson ISO Judd's Motion (1) to Clarify Order (2) for Release of Funds for Attorneys Fees, or (3) Motion for Leave to Withdraw) (Anderson, Kevin)
June 24, 2022 Opinion or Order Filing 113 ORDER Granting #110 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Daniel D. Hill for ACAC LLC and approving Designation of Local Counsel as to Jonathan D. Blum. Signed by District Judge Cristina D. Silva on 6/24/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
June 24, 2022 Opinion or Order Filing 112 MOTION to Dismiss #1 Complaint,, by Defendants CJ Investments, LLC, Christopher R. Humphries. Responses due by 7/8/2022. (Christiansen, Peter)
June 24, 2022 Opinion or Order Filing 110 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel D. Hill and DESIGNATION of Local Counsel Jonathan D. Blum (Filing fee $ 250 receipt number ANVDC-6951738) by Defendant ACAC LLC. (Blum, Jonathan)
June 23, 2022 Opinion or Order Filing 109 DECLARATION re #108 Motion for Appointment of Counsel by Receiver Geoff Winkler. (Rickard, Jarrod)
June 23, 2022 Opinion or Order Filing 108 MOTION for Appointment of Counsel COURT-APPOINTED RECEIVER GEOFF WINKLERS MOTION FOR ORDER AUTHORIZING RECEIVER TO EMPLOY CONFLICTS COUNSEL by Receiver Geoff Winkler. (Rickard, Jarrod)
June 21, 2022 Opinion or Order Filing 107 ORDER Granting #101 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Matthew D. Pham for Geoff Winkler and approving Designation of Local Counsel Jarrod Lee Rickard. Signed by District Judge Cristina D. Silva on 6/21/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - YAW)
June 21, 2022 Opinion or Order Filing 106 ORDER Granting #100 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David R. Zaro for Geoff Winkler and approving Designation of Local Counsel Jarrod Lee Rickard. Signed by District Judge Cristina D. Silva on 6/21/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - YAW)
June 21, 2022 Opinion or Order Filing 105 ORDER Granting #103 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Joshua A. del Castillo for Geoff Winkler and approving Designation of Local Counsel Jarrod L. Rickard. Signed by District Judge Cristina D. Silva on 6/21/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - YAW)
June 21, 2022 Opinion or Order Filing 104 CLERK'S NOTICE that this case is randomly reassigned to District Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:22-cv-00612-CDS-EJY. (no image attached) (DRS)
June 21, 2022 Opinion or Order Filing 103 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Joshua Andrew del Castillo and DESIGNATION of Local Counsel Jarrod Lee Rickard (Filing fee $ 250 receipt number ANVDC-6946133) by Receiver Geoff Winkler. (Rickard, Jarrod)
June 21, 2022 Opinion or Order Filing 102 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 6/21/2022. By Deputy Clerk: A. Reyes. With good cause appearing, the Honorable Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
June 20, 2022 Opinion or Order Filing 101 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matthew David Pham and DESIGNATION of Local Counsel Jarrod Lee Rickard (Filing fee $ 250 receipt number ANVDC-6945192) by Receiver Geoff Winkler. (Rickard, Jarrod)
June 20, 2022 Opinion or Order Filing 100 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David Robert Zaro and DESIGNATION of Local Counsel Jarrod Lee Rickard (Filing fee $ 250 receipt number ANVDC-6945189) by Receiver Geoff Winkler. (Rickard, Jarrod)
June 17, 2022 Opinion or Order Filing 99 RESPONSE to #88 Order on Motion to Appoint Receiver by Defendant Jeffrey J. Judd. (Anderson, Kevin)
June 16, 2022 Opinion or Order Filing 98 NOTICE Certified Statement on Non-Party Wells Fargo Bank, N.A. by Wells Fargo Bank, N.A. re #88 Order on Motion to Appoint Receiver. (Went, Joseph)
June 15, 2022 Opinion or Order Filing 97 OBERHEIDEN, P.C. CERTIFIED STATEMENT re #88 Order filed by Defendant Jeffrey J. Judd. (YAW)
June 14, 2022 Opinion or Order Filing 96 NOTICE of Appearance by attorney Kyle A. Ewing on behalf of Receiver Geoff Winkler. (Ewing, Kyle)
June 14, 2022 Opinion or Order Filing 95 NOTICE of Appearance by attorney Jason Hicks on behalf of Receiver Geoff Winkler. (Hicks, Jason)
June 13, 2022 Opinion or Order Filing 94 CERTIFICATE of Interested Parties by ACAC LLC. There are no known interested parties other than those participating in the case (Blum, Jonathan)
June 13, 2022 Opinion or Order Filing 93 ANSWER to #1 Complaint,, filed by ACAC LLC. Discovery Plan/Scheduling Order due by 7/28/2022.(Blum, Jonathan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
June 10, 2022 Opinion or Order Filing 92 RESPONSE to #88 Order on Motion to Appoint Receiver by Defendant Jeffrey J. Judd. (Anderson, Kevin)
June 10, 2022 Opinion or Order Filing 91 MOTION to Compel or Alternative Motion for Order to Show Cause Why Jeffrey J. Judd and/or Those Acting on his Behalf Should Not be Held in Contempt for Failure to Comply with this Court's Order Appointing Receiver Due to Failure to Turn over Assets re #88 Order on Motion to Appoint Receiver by Receiver Geoff Winkler. Responses due by 6/24/2022. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Hendricks, Kara)
June 10, 2022 Opinion or Order Filing 90 NOTICE of Corrected Image/Document re 89 Motion by Receiver Geoff Winkler. (Service of corrected image is attached.) (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Hendricks, Kara)
June 3, 2022 Opinion or Order Party Geoff Winkler, as Receiver, added in accordance with #88 Order. (DRS)
June 3, 2022 Opinion or Order Filing 88 ORDER granting #67 Motion to Appoint Receiver. Signed by Judge James C. Mahan on 6/3/2022. (Copies have been distributed pursuant to the NEF - HAM)
May 24, 2022 Opinion or Order Filing 87 REPLY to Response to #67 Motion to Appoint Receiver, by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
May 19, 2022 Opinion or Order Filing 86 ORDER Granting #64 Motion to Admit Government Attorney Joni Ostler for Securities and Exchange Commission. Signed by Judge James C. Mahan on 5/19/2022. (Copies have been distributed pursuant to the NEF - YAW)
May 19, 2022 Opinion or Order Filing 85 ORDER Granting #83 Stipulation of Plaintiff Securities and Exchange Commission's and Defendant Shane M. Jager Concerning Living Expenses to and Including September 30, 2022. Signed by Magistrate Judge Elayna J. Youchah on 5/19/2022. (Copies have been distributed pursuant to the NEF - YAW)
May 18, 2022 Opinion or Order Filing 84 ORDER Granting #81 Stipulation of Plaintiff Securities and Exchange Commission's and Defendant Roland Tanner Concerning Living Expenses to and Including September 30, 2022. Signed by Magistrate Judge Elayna J. Youchah on 5/18/2022. (Copies have been distributed pursuant to the NEF - YAW)
May 18, 2022 Opinion or Order Filing 83 STIPULATION CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022 by Defendant Shane M. Jager. (Palazzo, T.)
May 18, 2022 Opinion or Order Filing 82 RESPONSE to #67 Motion to Appoint Receiver, by Defendant Shane M. Jager. (Palazzo, T.)
May 18, 2022 Opinion or Order Filing 81 STIPULATION of PLAINTIFF SECURITIES AND EXCHANGE COMMISSION AND DEFENDANT ROLAND TANNER CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022 by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
May 18, 2022 Opinion or Order Filing 80 JOINDER to #79 Response,, by Creditor Petitioning Creditors. (Schwartz, Samuel)
May 17, 2022 Opinion or Order Filing 79 RESPONSE to #67 Motion to Appoint Receiver, by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. Replies due by 5/24/2022. (Attachments: #1 Exhibit A - Declaration of Peter Kravitz, #2 Exhibit B - Declaration of Anthony Bonifazio, #3 Exhibit C - Declaration of Keith Ozawa, #4 Exhibit D - Declaration of Janelle Ozawa, #5 Exhibit E - Declaration of Darius Rafie, #6 Exhibit F - Bankruptcy Court Transcript Excerpts from 4/5/22, #7 Exhibit G - District Court Hearing Transcript Excerpts from 4/21/22) (Garman, Gregory)
May 17, 2022 Opinion or Order Filing 78 RESPONSE to #67 Motion to Appoint Receiver, by Defendant Jeffrey J. Judd. Replies due by 5/24/2022. (Anderson, Kevin)
May 11, 2022 Opinion or Order Filing 77 ORDER Granting #76 Stipulation and Order re Nevada Housing Solutions, LLC re Temporary Restraining Order and Preliminary Injunction re #56 Order. See Order for further details. Signed by Magistrate Judge Elayna J. Youchah on 5/11/2022. (Copies have been distributed pursuant to the NEF - YAW)
May 11, 2022 Opinion or Order Filing 76 STIPULATION and Order re Nevada Housing Solutions, LLC re Temporary Restraining Order and Preliminary Injunction re #56 Order by Interested Party Nevada Housing Solutions, LLC. (Rawlins, Michael)
May 11, 2022 Opinion or Order Filing 75 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. J&J Consulting Services, Inc.(a Nevada Corporation) waiver sent on 4/15/2022, answer due 6/14/2022. (Combs, Tracy)
May 11, 2022 Opinion or Order Filing 74 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. J and J Purchasing LLC waiver sent on 4/15/2022, answer due 6/14/2022. (Combs, Tracy)
May 4, 2022 Opinion or Order Filing 73 ORDER Granting #71 STIPULATION of PLAINTIFF SECURITIES AND EXCHANGE COMMISSION AND DEFENDANT DENNY SEYBERT CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022. Signed by Magistrate Judge Elayna J. Youchah on 5/4/2022.(Copies have been distributed pursuant to the NEF - YAW)
May 4, 2022 Opinion or Order Filing 72 ORDER Granting #70 STIPULATION PLAINTIFF SECURITIES AND EXCHANGE COMMISSION AND DEFENDANT JASON M. JONGEWARD CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022. Signed by Magistrate Judge Elayna J. Youchah on 5/4/2022.(Copies have been distributed pursuant to the NEF - YAW)
May 4, 2022 Opinion or Order Filing 71 STIPULATION of PLAINTIFF SECURITIES AND EXCHANGE COMMISSION AND DEFENDANT DENNY SEYBERT CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022 by Plaintiff Securities and Exchange Commission. (Combs, Tracy)
May 4, 2022 Opinion or Order Filing 70 STIPULATION of PLAINTIFF SECURITIES AND EXCHANGE COMMISSION AND DEFENDANT JASON M. JONGEWARD CONCERNING LIVING EXPENSES TO AND INCLUDING SEPTEMBER 30, 2022 by Plaintiff Securities and Exchange Commission. (Combs, Tracy)
May 4, 2022 Opinion or Order Filing 69 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Stirling Consulting, L.L.C. waiver sent on 4/21/2022, answer due 6/20/2022. (Combs, Tracy)
May 4, 2022 Opinion or Order Filing 68 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Shane M. Jager waiver sent on 4/21/2022, answer due 6/20/2022. (Combs, Tracy)
May 3, 2022 Opinion or Order Filing 67 MOTION to Appoint Receiver and Related Relief by Plaintiff Securities and Exchange Commission. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Proposed Order, #3 Exhibit 2 - Summary of Geoff Winkler_American Fiduciary Services Experience and Qualifications) (Fronk, Casey)
May 2, 2022 Opinion or Order Filing 66 RESPONSE to #64 Motion to Permit Appearance of Government Attorney by Defendant Jeffrey J. Judd. Replies due by 5/9/2022. (Anderson, Kevin)
May 2, 2022 Opinion or Order Filing 65 CERTIFICATE of Interested Parties by Shane M. Jager, Stirling Consulting, L.L.C.. There are no known interested parties other than those participating in the case (Palazzo, T.)
May 2, 2022 Opinion or Order Filing 64 MOTION to Admit Government Attorney Joni Ostler by Plaintiff Securities and Exchange Commission. (Fronk, Casey)
April 25, 2022 Opinion or Order Filing 63 NOTICE of Manual Filing by Plaintiff Securities and Exchange Commission re #23 Declaration,. Object: audio recording files, Volume(s): 1 disc with 3 audio files, Description: Exhibits 1, 2 and 4 to the Mark Holt Declaration (Exh. 42 to Supp. Decl. of Joni Ostler, ECF No. 23), manually filed with the Clerk's Office. (Combs, Tracy)
April 25, 2022 Opinion or Order ***Notes: The Clerk's office received a copy of the Notice of Manual Filing (ECF No. #63 ) along with 8 CDs each entitled "Exh. B - Ostler Supp. Declaration, Exh. 41 (Holt Decl. Exhibits 1-2, 4 - audio files." This filing can be found in the file room on the administrative shelf for the year 2022. (HAM)
April 22, 2022 Opinion or Order Filing 62 LETTER from Jason Jongeward to Tracy Combs, SEC. (HAM)
April 22, 2022 Opinion or Order Filing 61 TRANSCRIPT of Proceedings, 54 Show Cause Hearing, held on 04/21/2022, before Judge James C. Mahan. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 10:10 a.m. - 11:07 a.m.. Any Redaction Request is due by 5/13/2022. Redacted Transcript Deadline is set for 5/23/2022. Release of the Transcript Restriction is set for 7/21/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
April 21, 2022 Opinion or Order Filing 60 RESPONSE to #56 Order by Defendant Denny Seybert. (Maningo, Lance)
April 21, 2022 Opinion or Order Filing 59 ORDER granting in part and denying in part #30 Motion to Extend Time. IT IS FURTHER ORDERED that Defendant Humphries shall have through and including April 27, 2022, to prepare and serve responses to the discovery requests propounded on April 16, 2022. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2022. (Copies have been distributed pursuant to the NEF - HAM)
April 21, 2022 Opinion or Order Filing 58 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on April 21, 2022.RE: Defendant Christopher Humphries's and Relief Defendant CJ Investments, LLC's emergency motion to strike ECF Nos. #21 , #23 , and #24 . (ECF No. #50 ). IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the motion to strike (ECF No. #50 ) be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that, good cause appearing, the court GRANTS the SEC leave to file its supplement (ECF No. #21 ), nunc pro tunc. (Copies have been distributed pursuant to the NEF - ADR)
April 21, 2022 Opinion or Order Filing 57 ORDER Granting #51 Motion to Seal 3 Order on Ex Parte Motion, Temporary Restraining Order. IT IS FURTHER ORDERED that pages 4 and 5 of #51 Motion to Seal are to remain sealed, and pages 1-3 of #51 Motion to Seal are to be unselaed. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2022. (Copies have been distributed pursuant to the NEF - KF)
April 21, 2022 Opinion or Order Filing 56 ORDER ENTERING PRELIMINARY INJUNCTION, ASSET FREEZE, AND OTHER EQUITABLE RELIEF. Signed by Judge James C. Mahan on 4/21/2022. (Copies have been distributed pursuant to the NEF - HAM)
April 21, 2022 Opinion or Order Filing 55 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on April 21, 2022.RE: Defendant Roland Tanner's motion for leave to file response. (ECF No. #26 ). IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, good cause appearing, the motion to file a late response (ECF No. 26) be, and the same hereby is, GRANTED, nunc pro tunc.IT IS FURTHER ORDERED that the request for an extension to respond to written discovery requests contained on pages 89 of the motion is DENIED, with leave to refile as an independent motion pursuant to Local Rule IC 2-2(b). (Copies have been distributed pursuant to the NEF - ADR)
April 21, 2022 Opinion or Order Filing 54 MINUTES OF PROCEEDINGS - Show Cause Hearing held on 4/21/2022 before Judge James C. Mahan. Crtrm Administrator: A. Reyes; Pla Counsel: Casey Fronk, Tracy Combs and David Baddley; Def Counsel: Kevin Anderson, Bill Noall, Samuel Schwartz, Pete Christiansen, Louis Palazzo, Lance Maningo; Other Counsel: Samuel Schwartz; Maria Gall, Pamela Johnston; Pro se defendants: Jason Jongeward, Roland Tanner; Court Reporter: Samantha McNett; Time of Hearing: 10:10 a.m. - 11:07 a.m.; Courtroom: 6A; All parties appeared in person. The Court makes preliminary remarks and hears representations of counsel as to the Preliminary Injunction. All parties were given the opportunity to present arguments. As stated on the record, the Court will issue a written order granting the preliminary injunction. Court adjourns.(no image attached) (Copies have been distributed pursuant to the NEF - ADR)
April 21, 2022 Opinion or Order Filing 52 SUMMONS Returned Executed by Securities and Exchange Commission. ACAC LLC served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 53 List of Assets from Jason Jongeward re 3 Temporary Restraining Order. (KF)
April 20, 2022 Opinion or Order Filing 51 MOTION to Seal 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendant Shane M. Jager. (Palazzo, T.) (Additional attachment(s) added on 4/21/2022: #1 Exhibit) (KF). Modified to Undeal pages 1-3 per #57 Order on 4/21/2022 (KF).
April 20, 2022 Opinion or Order Filing 50 Emergency MOTION to Strike #21 Supplement, #23 Declaration, #24 Declaration, by Defendants CJ Investments, LLC, Christopher R. Humphries. Responses due by 5/4/2022. (Christiansen, Peter)
April 20, 2022 Opinion or Order Filing 49 RESPONSE to 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Receiver Danny Ayala, as court appointed receiver for Beasley Law Group LPC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Gall, Maria)
April 20, 2022 Opinion or Order Filing 48 NOTICE of Appearance by attorney Maria A. Gall on behalf of Receiver Danny Ayala, as court appointed receiver for Beasley Law Group LPC. (Gall, Maria)
April 20, 2022 Opinion or Order Filing 47 JOINDER to #12 Response by Creditor Petitioning Creditors. (Schwartz, Samuel)
April 20, 2022 Opinion or Order Filing 46 SUMMONS Returned Executed by Securities and Exchange Commission. Triple Threat Basketball, LLC served on 4/15/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 45 NOTICE of Appearance by attorney Samuel A Schwartz on behalf of Creditor Petitioning Creditors. (Schwartz, Samuel)
April 20, 2022 Opinion or Order Filing 44 SUMMONS Returned Executed by Securities and Exchange Commission. The Judd Irrevocable Trust served on 4/15/2022. (Attachments: #1 The Judd Irrevocable Trust, Receiver: Daniel A. Ayala) (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 43 REQUEST for Judicial Notice re #12 Response by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. (Attachments: #1 Exhibit 1) (Garman, Gregory)
April 20, 2022 Opinion or Order Filing 42 SUMMONS Returned Executed by Securities and Exchange Commission. Roland Tanner served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 41 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Denny Seybert waiver sent on 4/15/2022, answer due 6/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 40 SUMMONS Returned Executed by Securities and Exchange Commission. Rocking Horse Properties, LLC served on 4/19/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 39 SUMMONS Returned Executed by Securities and Exchange Commission. PAJ Consulting Inc served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 38 SUMMONS Returned Executed by Securities and Exchange Commission. Monty Crew LLC served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 36 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Jeffrey J. Judd waiver sent on 4/14/2022, answer due 6/13/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 35 SUMMONS Returned Executed by Securities and Exchange Commission. Jason M. Jongeward served on 4/15/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 34 SUMMONS Returned Executed by Securities and Exchange Commission. JL2 Investments, LLC served on 4/15/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 33 SUMMONS Returned Executed by Securities and Exchange Commission. Christopher R. Humphries served on 4/15/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 32 SUMMONS Returned Executed by Securities and Exchange Commission. CJ Investments, LLC served on 4/15/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 31 SUMMONS Returned Executed by Securities and Exchange Commission. BJ Holdings LLC served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 30 Emergency MOTION to Extend Time (First Request) to Respond to Securities and Exchange Commission's Expedited Written Discovery Requests re 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendant Christopher R. Humphries. (Perdue, Keely)
April 20, 2022 Opinion or Order Filing 29 SUMMONS Returned Executed by Securities and Exchange Commission. Matthew Wade Beasley served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 28 SUMMONS Returned Executed by Securities and Exchange Commission. Beasley Law Group PC served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 27 SUMMONS Returned Executed by Securities and Exchange Commission. Anthony Michael Alberto, Jr. served on 4/14/2022. (Fronk, Casey)
April 20, 2022 Opinion or Order Filing 26 MOTION for Leave to File Response by Defendant Roland Tanner. (JQC)
April 19, 2022 Opinion or Order Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/19/2022. By Judicial Assistant: E. Santiago. Pending before the Court is Defendant Christopher R. Humphries' and Relief Defendant CJ Investments, LLC's Emergency Motion for Extension to File Schedule of Assets. ECF No. 8. The Court has considered the Emergency Motion and the Opposition thereto filed by the Security and Exchange Commission. ECF No. 11. The Court finds that the nature of these proceedings, together with the upcoming April 21, 2022 Show Cause hearing set on April 13, 2022 at which Defendants must demonstrate why a preliminary injunction should not issue, requires Defendants to file, no later than 2 p.m., PDT, on Wednesday, April 20, 2022, as much information as reasonably and readily available responsive to the Court's Order at ECF No. 3. The information, to the extent it is filed in the CM/ECF system and contains personally identifiable information, may be filed under seal without redaction. Additional information, if any, may be filed on or before April 28, 2022. Accordingly, IT IS HEREBY ORDERED that Defendant Christopher R. Humphries' and Relief Defendant CJ Investments, LLC's Emergency Motion for Extension to File Schedule of Assets (ECF No. 8) is GRANTED in part and DENIED in part consistent with the content of this Minute Order.IT IS FURTHER ORDERED that Defendants' filing, if under seal, shall be immediately accessible through the CM/ECF system to the Security and Exchange Commission.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
April 19, 2022 Opinion or Order Filing 24 DECLARATION of Amir Salimi (Supplemental) in Support of Preliminary Injunctive Relief - Exhibit C to Supp. Memo re #21 Supplement, by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1 (part 1) to Supp. Salimi Decl. (Exh. C), #2 Exhibit 1 (part 2) to Supp. Salimi Decl. (Exh. C), #3 Exhibit 2-4 to Supp. Salimi Decl. (Exh. C)) (Fronk, Casey)
April 19, 2022 Opinion or Order Filing 23 DECLARATION of (Supplemental) of Joni Ostler in Support of Preliminary Injunctive Relief re #21 Supplement, by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 42 - Decl. of Mark Holt, #2 Exhibit to Mark Holt Dec., #3 Exhibit 43 - Decl. of Elizabeth Lewis, #4 Exhibit (part 1) to Decl of Elizabeth Lewis, #5 Exhibit (part 2) to Decl of Elizabeth Lewis) (Fronk, Casey)
April 19, 2022 Opinion or Order Filing 22 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). The RESPONSE filed at ECF No. #9 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (DRS)
April 19, 2022 Opinion or Order Filing 21 SUPPLEMENT to #2 Ex Parte Motion,,, (Supplemental Memorandum) by Plaintiff Securities and Exchange Commission (Attachments: #1 Exhibit A - [Proposed] Order Entering Preliminary Injunction, Asset Freeze, and Other Equitable Relief) (Fronk, Casey)
April 19, 2022 Opinion or Order Filing 20 REQUEST for Judicial Notice re #12 Response by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Garman, Gregory)
April 19, 2022 Opinion or Order Filing 19 RESPONSE to 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendant Denny Seybert. (Attachments: #1 Declaration) (Maningo, Lance)
April 19, 2022 Opinion or Order Filing 18 RESPONSE to #2 Ex Parte Motion,,, by Defendant Shane M. Jager. (Palazzo, T.)
April 19, 2022 Opinion or Order Filing 17 RESPONSE to #2 Ex Parte Motion,,, by Defendant Jeffrey J. Judd. (Anderson, Kevin)
April 19, 2022 Opinion or Order Filing 16 DECLARATION of William M. Noall re #12 Response by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. (Garman, Gregory)
April 19, 2022 Opinion or Order Filing 15 DECLARATION of Peter Kravitz re #12 Response by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. (Garman, Gregory)
April 19, 2022 Opinion or Order Filing 14 NOTICE of Appearance by attorney Lance A Maningo on behalf of Defendant Denny Seybert. (Maningo, Lance)
April 19, 2022 Opinion or Order Filing 13 RESPONSE to #2 Ex Parte Motion,,, 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendants CJ Investments, LLC, Christopher R. Humphries. (Attachments: #1 Exhibit Exhibit A--Declaration of Jessica Humphries, #2 Exhibit Exhibit B--Declaration of Kendelee Works, #3 Exhibit Exhibit C--Email Correspondence) (Christiansen, Peter)
April 19, 2022 Opinion or Order Filing 12 RESPONSE to 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendants J and J Purchasing LLC, J&J Consulting Services, Inc.. (Garman, Gregory)
April 19, 2022 Opinion or Order Filing 11 RESPONSE to #8 Motion to Extend/Shorten Time by Plaintiff Securities and Exchange Commission. Replies due by 4/26/2022. (Combs, Tracy)
April 19, 2022 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/19/2022. By Judicial Assistant: E. Santiago.Pending before the Court is Defendant Christopher R. Humphries' and Relief Defendant CJ Investments, LLC's Emergency Motion for Extension of Time to File Schedule of Assets in Compliance with ECF No. 3 ("Humphries Emergency Motion"). ECF No. 8. Humphries Emergency Motion seeks an extension of time to "prepare and deliver to the [Securities and Exchange] Commission a detailed and complete schedule of all of their personal assets, including all real and personal property exceeding $5,000 in value, and all bank, securities, and other accounts identified by institution, branch address and account number." Id. at 2. Humphries and CJ Investments state they seek "an additional ten days to gather and analyze the financial records required by the Courts order." Id. at 3.In order to effectively rule on the emergency request for extension, especially in light of the relatively brief extension requested, the Court finds it is imperative that the Security and Exchange Commission respond to Humphries Emergency Motion no later than 12 noon on Thursday, April 21, 2022. Accordingly, IT IS HEREBY ORDERED that a response, if any, to be filed by the Security and Exchange Commission to Defendant Christopher R. Humphries' and Relief Defendant CJ Investments, LLC's Emergency Motion for Extension of Time to File Schedule of Assets in Compliance with ECF No. 3 be filed no later than 12 noon on Thursday, April 21, 2022.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
April 18, 2022 Opinion or Order Filing 9 RESPONSE to #2 Ex Parte Motion,,, 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendant Jeffrey J. Judd. (Waite, Trevor)
April 18, 2022 Opinion or Order Filing 8 Emergency MOTION to Extend Time (First Request) re 3 Order on Ex Parte Motion,, Temporary Restraining Order, by Defendants CJ Investments, LLC, Christopher R. Humphries. (Perdue, Keely)
April 18, 2022 Opinion or Order Filing 7 ORDER granting #6 Stipulation to remove attorney Thomas Ericsson as counsel for Defendant. Signed by Magistrate Judge Elayna J. Youchah on 4/18/2022. (Copies have been distributed pursuant to the NEF - HAM)
April 18, 2022 Opinion or Order Filing 6 Unopposed STIPULATION To Remove Counsel re #1 Complaint,, by Defendant Jason M. Jongeward. (Ericsson, Thomas)
April 14, 2022 Opinion or Order Filing 5 SUMMONS ISSUED as to All Defendants re #1 Complaint. (YAW)
April 13, 2022 Opinion or Order Filing 4 PROPOSED SUMMONS to be issued by Plaintiff Securities and Exchange Commission. (Attachments: #1 Summons (M. Alberto), #2 Summons (Beasley Law Group), #3 Summons (M. Beasley), #4 Summons (BJ Holdings), #5 Summons (CJ Investments), #6 Summons (C. Humphries), #7 Summons (J&J Consulting, AK), #8 Summons (J&J Consulting, NV), #9 Summons (J and J Purchasing), #10 Summons (S. Jager), #11 Summons (JL2 Investments), #12 Summons (J. Jongeward), #13 Summons (J. Judd), #14 Summons (Monty Crew LLC), #15 Summons (PAJ Consulting), #16 Summons (Rocking Horse Properties), #17 Summons (D. Seybert), #18 Summons (Stirling Consulting), #19 Summons (R. Tanner), #20 Summons (Judd Irrevocable Trust), #21 Summons (Triple Threat Basketball)) (Combs, Tracy)
April 13, 2022 Opinion or Order Filing 2 EX PARTE MOTION for Entry of Temporary Restraining Order and Orders: (1) Freezing Assets; (2) Requiring Accountings; (3) Prohibiting the Destruction of Documents; (4) Granting Expedited Discovery; and (5) Order to Show Cause re Preliminary Injunction by Plaintiff Securities and Exchange Commission. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application, #2 Index of Exhibits, #3 Exhibit A - Rule 65(B) Certification, #4 Exhibit B - Proposed Order, #5 Exhibit C - Declaration of Joni Ostler and Exhs. 1-18 (Part 1), #6 Exhibit C - Declaration of Joni Ostler, Exh. 19 (Part 2), #7 Exhibit C - Declaration of Joni Ostler and Exhs. 20-41 (Part 3), #8 Exhibit D - Declaration of Amir Salimi and Exhs. 1-2) (Combs, Tracy)
April 12, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants by Securities and Exchange Commission. Proof of service due by 7/11/2022. (Attachments: #1 Civil Cover Sheet and Attachment, #2 Index of Exhibits, #3 Exhibit A - Example of Purchase Agreement, #4 Exhibit B - Example of Investor Agreement, #5 Exhibit C - Example of Buyer Agreement, #6 Exhibit D - PPM) (Combs, Tracy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
April 12, 2022 Opinion or Order Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (KF)

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Search for this case: Securities and Exchange Commission v. Beasley et al
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Plaintiff: Securities and Exchange Commission
Represented By: Casey R. Fronk
Represented By: Tracy S. Combs
Represented By: Joni Ostler
Represented By: David Baddley
Represented By: Michael E. Welsh
Represented By: Troy K. Flake
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Defendant: Matthew Wade Beasley
Represented By: Garrett T Ogata
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Defendant: Christopher R. Humphries
Represented By: Peter S. Christiansen
Represented By: Keely Ann Perdue
Represented By: Keely Perdue Chippoletti
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Defendant: J&J Consulting Services, Inc.
Represented By: Gregory E Garman
Represented By: Ori Katz
Represented By: Kara B. Hendricks
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Defendant: J and J Purchasing LLC
Represented By: Gregory E Garman
Represented By: Ori Katz
Represented By: Kara B. Hendricks
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Defendant: Shane M. Jager
Represented By: T. Louis Palazzo
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Defendant: Jason M. Jongeward
Represented By: Thomas A. Ericsson
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Defendant: Denny Seybert
Represented By: Lance A Maningo
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Defendant: Roland Tanner
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Defendant: The Judd Irrevocable Trust
Represented By: Kara B. Hendricks
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Defendant: PAJ Consulting Inc
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Defendant: BJ Holdings LLC
Represented By: Kara B. Hendricks
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Defendant: Stirling Consulting, L.L.C.
Represented By: T. Louis Palazzo
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Defendant: CJ Investments, LLC
Represented By: Keely Ann Perdue
Represented By: Peter S. Christiansen
Represented By: Keely Perdue Chippoletti
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Defendant: JL2 Investments, LLC
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Defendant: Rocking Horse Properties, LLC
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Defendant: Triple Threat Basketball, LLC
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Defendant: ACAC LLC
Represented By: Daniel D. Hill
Represented By: Jonathan D. Blum
Represented By: Sidhardha Kamaraju
Represented By: John Giardino
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Defendant: Anthony Michael Alberto, Jr.
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Defendant: Monty Crew LLC
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Defendant: Larry Jeffery
Represented By: Ross C Goodman
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Defendant: Seth Johnson
Represented By: David C. Clukey
Represented By: Matthew W. Park
Represented By: Timothy C. Pittsenbarger
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Defendant: Christopher M. Madsen
Represented By: Sidhardha Kamaraju
Represented By: Jonathan D. Blum
Represented By: John Giardino
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Defendant: Richard R. Madsen
Represented By: Celiza P. Braganca
Represented By: David O'Toole
Represented By: Cami Perkins
Represented By: John J. Savage
Represented By: Vincent J. Aiello
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Defendant: Mark A. Murphy
Represented By: Marc P Cook
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Defendant: Cameron Rohner
Represented By: David C. Clukey
Represented By: Timothy C. Pittsenbarger
Represented By: Matthew W. Park
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Defendant: Warren Rosegreen
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Defendant: Paula Beasley
Represented By: Aaron Grigsby
Represented By: Garrett T Ogata
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Cross defendant: Beasley Law Group PC
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Cross defendant: Jeffrey J. Judd
Represented By: Kevin N. Anderson
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Not classified by court: Petitioning Creditors
Represented By: Samuel A Schwartz
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Not classified by court: Wells Fargo Bank, N.A.
Represented By: Joseph G. Went
Represented By: Molly M White
Represented By: Sydney Gambee
Represented By: Alicia Baiardo
Represented By: K. Isaac de Vyver
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Not classified by court: Vyonne S. Mendenhall
Represented By: Kevin B Christensen
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Not classified by court: Kent W. Rohner, Trustee of the Kent W. Rohner and Jamie Rohner Declaration of Trust dtd
Represented By: Kevin B Christensen
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Interested party: Nevada Housing Solutions, LLC
Represented By: Michael D. Rawlins
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Interested party: U.S. Bank National Association
Represented By: Robert R. Kinas
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Interested party: U.S. Bancorp Investments, Inc.
Represented By: Robert R. Kinas
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Interested party: Kamille Dean
Represented By: Kimberley Arin Hyson
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Interested party: Oberheiden P.C
Represented By: Nick Oberheiden
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Interested party: OFFICIAL COMMITTEE OF UNSECURED CREDITORS IN BANKRUPTCY CASES
Represented By: Louis Martin Bubala, III
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Interested party: RPS Properties, LLC
Represented By: Jeffrey F. Barr
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Receiver: Danny Ayala, as court appointed receiver for Beasley Law Group LPC
Represented By: Charles La Bella
Represented By: Maria A. Gall
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Receiver: Geoff Winkler
Represented By: Kara B. Hendricks
Represented By: David R. Zaro
Represented By: Joshua Andrew del Castillo
Represented By: Matthew D. Pham
Represented By: Jarrod L. Rickard
Represented By: Jason Hicks
Represented By: Kyle A. Ewing
Represented By: Katie Lynn Cannata
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Receiver: Credit Union 1
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Cross claimant: Jason A. Jenne
Represented By: Kenneth E Hogan
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Intervenor plaintiff: Omid Shahabe
Represented By: Edward W. Cochran
Represented By: George W. Cochran, III
Represented By: William Robert Urga
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Intervenor plaintiff: Kristie Young
Represented By: Edward W. Cochran
Represented By: George W. Cochran, III
Represented By: William Robert Urga
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In re: Robinhood Markets, Inc.
Represented By: Nicholas Boos
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Respondent: United States of America
Represented By: Daniel D. Hollingsworth
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Petitioner: Aaron Grigsby
Represented By: Dean Y. Kajioka
Represented By: Aaron Grigsby
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Petitioner: Grigsby Law Group
Represented By: Dean Y. Kajioka
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