State of Tennessee et al v. Ideal Horizon Benefits, LLC et al
Plaintiff: State of Tennessee and Commonwealth of Kentucky
Defendant: Ideal Horizon Benefits, LLC doing business as Solar Titan USA, Craig Kelley, Richard Atnip, Sarah Kirkland, Solar Mosaic, LLC doing business as Mosaic and Solar Titan Charters, LLC doing business as Titan Charters
Petitioner: Vickie Seagle, Page Harrison, Trustee of the Seagle Family Revocable Trust and IPFS Corporation
Receiver: Richard Ray
Intervenor: Volunteer Ventures, LLC and Consolidated Electrical Distributors, Inc. dba Greentech Renewables
Case Number: 3:2023cv00046
Filed: February 6, 2023
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Clifton L Corker
Referring Judge: Jill E McCook
Nature of Suit: Truth in Lending
Cause of Action: 15 U.S.C. § 0045 Federal Trade Commission Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2023 Opinion or Order Filing 191 NOTICE by Richard Ray of Abandonment (Attachments: #1 Exhibit Exhibit 1)(Jarrard, Ryan)
June 1, 2023 Opinion or Order Filing 190 INFORMATIONAL ONLY - Administrative Notice to Counsel/Kelly Walker re #189 MOTION for Leave to File Supplemental Declaration : Kelly Walker's login and password was used to file Doc. 189, however, her name/signature is not on the signature block of the document. Please ensure that the attorney filing the document uses his/her CM/ECF user login. (JBR)
May 31, 2023 Opinion or Order Filing 189 MOTION for Leave to File Supplemental Declaration by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Exhibit A)(Walker, Kelly)
May 31, 2023 Opinion or Order Filing 188 Now before the Court is the Joint Motion to Withdraw or Strike [Doc. 181], filed by Defendants Michael Atnip and Craig Kelley. They request that the Court withdraw or strike their Motion to Modify Asset Freeze and Approve Settlement and Compromise [Doc. 173] because the motion was resubmitted as a joint motion with Plaintiffs State of Tennessee and Commonwealth of Kentucky [See Doc. 182]. The Court GRANTS the joint motion [Doc. 181] and the Motion to Modify Asset Freeze and Approve Settlement and Compromise [Doc. 173] is hereby WITHDRAWN. Signed by Magistrate Judge Jill E. McCook on 5/31/2023. (This entry constitutes the complete Order of the Court). (AGA)
May 31, 2023 Opinion or Order Filing 187 Now before the Court is the Joint Motion to Withdraw or Strike [Doc. 186], filed by Defendants Michael Atnip and Craig Kelley. They request that the Court withdraw or strike the Motion to Show Cause [Doc. 139] because the issue raised in the motion was resolved as explained in the Joint Motion to Modify the Asset Freeze [Doc. 182]. The Court GRANTS the joint motion [Doc. 186] and the Motion to Show Cause [Doc. 139] is hereby WITHDRAWN. The Court further DENIES AS MOOT the Motion to Appoint a Special Process Server [Doc. 144], requesting that that the Court appoint a special process server to serve the Motion to Show Cause [Doc. 139]. Signed by Magistrate Judge Jill E. McCook on 5/31/2023. (This entry constitutes the complete Order of the Court.) (AGA)
May 30, 2023 Opinion or Order Filing 186 Joint MOTION to Strike #139 First MOTION for Order to Show Cause filed by Richard Atnip, Craig Kelley. (Blink, Samuel)
May 24, 2023 Opinion or Order Filing 185 MOTION for Hearing re #105 MOTION Motion to Enforce Lease Agreement and to Allow Showings by Volunteer Ventures, LLC. (Mullins, Benjamin)
May 23, 2023 Opinion or Order Filing 184 REPLY to Response to Motion re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed), #168 MOTION for in camera review re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed) filed by Richard Atnip, Craig Kelley. (Blink, Samuel)
May 23, 2023 Opinion or Order Filing 183 NOTICE by Richard Ray of Sale (Jarrard, Ryan)
May 22, 2023 Opinion or Order Filing 182 MOTION Joint Motion to Modify Asset Freeze and Approve Settlement and Compromise by Richard Atnip, Craig Kelley. (Blink, Samuel)
May 22, 2023 Opinion or Order Filing 181 MOTION to Strike #173 MOTION Motion to Modify Asset Freeze and Approve Settlement and Compromise re #78 Memorandum & Opinion,, by Richard Atnip, Craig Kelley. (Blink, Samuel)
May 19, 2023 Opinion or Order Filing 180 REPLY to Response to Motion re #166 MOTION to Strike #142 Answer to Amended Complaint filed by Commonwealth of Kentucky, State of Tennessee. (Fata, Paul)
May 18, 2023 Opinion or Order Filing 179 MOTION Fourth Status Report & Application of Receiver for Interim Compensation and Expense Reimbursement by Richard Ray. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Jarrard, Ryan)
May 17, 2023 Opinion or Order Filing 178 MOTION Motion to Approve Paper - to - Digital Archiving Plan by Richard Ray. (Attachments: #1 Exhibit Exhibit 1)(Jarrard, Ryan)
May 16, 2023 Opinion or Order Filing 177 RESPONSE to Motion re #166 MOTION to Strike #142 Answer to Amended Complaint filed by Sarah Kirkland. (Hickerson, William)
May 16, 2023 Opinion or Order Filing 176 RESPONSE in Opposition re #166 MOTION to Strike #142 Answer to Amended Complaint filed by Richard Atnip, Craig Kelley. (Atchison, James)
May 16, 2023 Opinion or Order Filing 175 RESPONSE in Opposition re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed) filed by Richard Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 1 Supplement)(Jarrard, Ryan)
May 16, 2023 Opinion or Order Filing 174 RESPONSE in Opposition re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed), #168 MOTION for in camera review re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed) filed by Commonwealth of Kentucky, State of Tennessee. (Fata, Paul)
May 12, 2023 Opinion or Order Filing 173 MOTION Motion to Modify Asset Freeze and Approve Settlement and Compromise re #78 Memorandum & Opinion,, by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit Agreement, #2 Exhibit Email Demand)(Blink, Samuel)
May 12, 2023 Opinion or Order Filing 172 Notice of Attorney Withdrawal Pursuant to L.R. 83.4(f) Attorney Samuel David Keen terminated. (Keen, Samuel)
May 11, 2023 Opinion or Order Filing 171 MOTION for Hearing re #106 MOTION for Preliminary Injunction by IPFS Corporation. (Ramey, Shaun)
May 9, 2023 Opinion or Order Filing 170 REPLY to Response to Motion re #141 MOTION to Dismiss filed filed by Richard Atnip, Craig Kelley. (Atchison, James)
May 9, 2023 Opinion or Order Filing 169 ORDER granting #145 Motion ; granting #146 Motion ; granting #148 Motion. For the reasons provided herein, the Receivers Motion to Approve License Agreement with Salesforce, Inc. [Doc. 145], Motion to Sell Real Property [Doc. 146], and Application for Interim Compensation and Expense Reimbursement [Doc. 148, amended by Doc. 161] are GRANTED. Signed by District Judge Clifton L Corker on 5/9/2023. (JCK)
May 5, 2023 Opinion or Order Filing 168 MOTION for in camera review re #163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed) by Richard Atnip, Craig Kelley. (Atchison, James)
May 4, 2023 Opinion or Order Filing 167 Joint MOTION for Extension of Time to File Answer re #124 Amended Complaint by Solar Mosaic, LLC. (Attachments: #1 Other Proposed Agreed Order)(Bowman, Tanya)
May 2, 2023 Opinion or Order Filing 166 MOTION to Strike #142 Answer to Amended Complaint by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Other Dec. 22, 2008 Order from Davidson County Circuit Court)(Keen, Samuel)
May 2, 2023 Opinion or Order Filing 165 RESPONSE to Motion re #141 MOTION to Dismiss filed filed by State of Tennessee. (Daniels-Hill, Alicia)
May 2, 2023 Opinion or Order Filing 164 NOTICE by State of Tennessee of Rule 26(f) Conference and Request for Scheduling Conference (Keen, Samuel)
May 2, 2023 Opinion or Order Filing 163 MOTION Modify Order to Unfreeze Assets re re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, , #159 Preliminary Injunction (Renewed) by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit B)(Atchison, James)
May 1, 2023 Opinion or Order Filing 162 RESPONSE re #157 Supplement filed by IPFS Corporation . (Jarrard, Ryan)
May 1, 2023 Opinion or Order Filing 161 AMENDED DOCUMENT by Richard Ray. Amendment to #148 MOTION Third Status Report and Application for Interim Compensation & Expense Reimbursement . (Attachments: #1 Exhibit A, #2 Collective Exhibit B)(Jarrard, Ryan)
April 28, 2023 Opinion or Order Filing 160 STIPULATION re #149 Stipulation Amended Stipulation to Extend Time to Respond to Plaintiffs' Complaint by Solar Mosaic, LLC. (Bowman, Tanya)
April 25, 2023 Opinion or Order Filing 159 AMENDED PRELIMINARY INJUNCTION. Signed by District Judge Clifton L Corker on 4/25/23. (KDO)
April 25, 2023 Opinion or Order Filing 158 MEMORANDUM OPINION AND ORDER : #96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion, filed by Richard Atnip, Craig Kelley, #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, filed by Richard Atnip, Craig Kelley, #95 MOTION to Amend/Revise #78 Memorandum & Opinion, to Modify/Clarify Asset Freeze filed by Sarah Kirkland. Defendant Sarah Kirklands Motion to Modify Preliminary Injunction Asset Freeze [Doc. 95] is GRANTED IN PART AND DENIED IN PART; Defendants Michael Atnip and Craig Kelleys Motion to Modify Order and Unfreeze Personal Assets [Doc. 96] is DENIED; and Defendants Michael Atnip and Craig Kelleys Emergency Motion to Modify Order and Release Assets to Pay Living and Legal Expenses [Doc. 101] is DENIED. Signed by District Judge Clifton L Corker on 4/25/23. (KDO)
April 25, 2023 Opinion or Order Filing 157 SUPPLEMENT to #106 MOTION for Preliminary Injunction by IPFS Corporation. (Attachments: #1 Exhibit Exhibit 1 - Proposed Order)(Ramey, Shaun)
April 25, 2023 Opinion or Order Filing 156 Letter from Rebecca Refner regarding representation of Michael Moore (JBR)
April 20, 2023 Opinion or Order Filing 155 Now before the Court is Defendant Sarah Kirkland's Motion to Withdraw or Strike [Doc. 154], requesting that the Court withdraw or strike her Answer to Plaintiffs' Amended Complaint [Doc. 152] because it is not the correct version and inadvertently included a comment. Defendant Kirkland has filed a corrected version of her Answer [Doc. 153]. The Court finds Defendant Kirkland's request well taken and GRANTS the motion [Doc. 154]. The Court STRIKES Defendant Kirkland's Answer to Plaintiffs' Amended Complaint [Doc. 152]. Signed by Magistrate Judge Jill E. McCook on 4/20/2023. (This entry constitutes the complete Order of the Court.) (AGA)
April 19, 2023 Opinion or Order Filing 154 MOTION to Strike #152 Answer to Amended Complaint by Sarah Kirkland. (Hickerson, William)
April 19, 2023 Opinion or Order Filing 153 Corrected ANSWER to Complaint First Amended Complaint by Sarah Kirkland.(Brown, Gregory)
April 18, 2023 Opinion or Order Filing 152 [STRICKEN PER 155 ORDER. RE-FILED AS #153 DUE TO CLERICAL ERROR] ANSWER to #124 Amended Complaint by Sarah Kirkland.(Brown, Gregory) Modified text on 4/19/2023 (JBR). Modified text on 4/21/2023 (JBR).
April 18, 2023 Opinion or Order Filing 151 Now before the Court is Defendant Sarah Kirkland's Motion to Strike and Memorandum of Law in Support Thereof [Doc. 41]. After the motion was filed, Plaintiffs and Defendant Kirkland filed a joint motion for an agreed order, stating that Defendant Kirkland agrees to withdraw the motion to strike based on the parties' agreement as set forth in their proposed agreed order [Doc. 73]. Judge Corker entered the Agreed Order to modify the asset freeze as it pertains to Defendant Kirkland [Doc. 75]. The Agreed Order also provides that Plaintiffs will amend their Complaint "by deleting paragraph 106 and altering paragraph 109 to remove any reference to Ms. Kirkland" [Id. at 4]. On March 28, 2023, Plaintiffs filed an Amended Complaint [Doc. 124], which comports with the Agreed Order. The Court therefore DENIES AS MOOT the motion to strike [Doc. 41]. Signed by Magistrate Judge Jill E. McCook on 4/18/2023. (This entry constitutes the complete Order of the Court.) (AGA)
April 18, 2023 Opinion or Order Filing 150 ORDER granting #86 Motion to Sell Property ; denying #91 Motion to Transfer Frozen Assets ; granting #99 Motion Second Status Report and Application for Interim Compensation. Accordingly, it is hereby ORDERED: 1. the Receiver is authorized to sell the items listed in Exhibit A to the Motion to Sell Property [Doc. 86-1] pursuant to the terms of the proposed Personal Property Auction Agreement [Doc. 86-2]; 2. the Receiver shall be entitled to interim compensation in the amount of $12,186.57 from receivership funds; 3. the Receiver is authorized to use receivership funds to pay reasonable and necessary attorney's fees in the amount of $12,693.75; and 4. the Receiver is authorized to use receivership funds to pay professional fees and expenses totaling $9,117.30. See Order for details. Signed by District Judge Clifton L Corker on 04/18/2023. (CAT)
April 14, 2023 Opinion or Order Filing 149 STIPULATION to Extend Time to Respond to Plaintiffs' Complaint by Solar Mosaic, LLC. (Bowman, Tanya)
April 14, 2023 Opinion or Order Filing 148 MOTION Third Status Report and Application for Interim Compensation & Expense Reimbursement by Richard Ray. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Jarrard, Ryan)
April 14, 2023 Opinion or Order Filing 147 MOTION to Intervene by Consolidated Electrical Distributors, Inc. dba Greentech Renewables. (Attachments: #1 Exhibit Credit Agreement, #2 Exhibit UCC Financing Statement, #3 Exhibit Account Statement)(Stevens, Kevin)
April 13, 2023 Opinion or Order Filing 146 MOTION Sell Real Property by Richard Ray. (Attachments: #1 Exhibit, #2 Exhibit)(Jarrard, Ryan)
April 13, 2023 Opinion or Order Filing 145 MOTION Approve License Agreement with Salesforce by Richard Ray. (Attachments: #1 Affidavit Affidavit of Richard Ray, #2 Exhibit Proposed Salesforce Agreement)(Jarrard, Ryan)
April 13, 2023 Opinion or Order Filing 144 MOTION Appoint a Special Process Server by Richard Atnip, Craig Kelley. (Blink, Samuel)
April 11, 2023 Opinion or Order Filing 143 Letter to Richard Ray (c/o USDC) from Joseph Williams, Esq. representing Solar Titan customer Maria Allen (AYB)
April 11, 2023 Opinion or Order Filing 142 ANSWER to #124 Amended Complaint filed by Richard Atnip.(Blink, Samuel)
April 11, 2023 Opinion or Order Filing 141 MOTION to Dismiss filed by Richard Atnip. (Blink, Samuel)
April 10, 2023 Opinion or Order Filing 140 Request for Hearing by Richard Ray re #91 MOTION to Transfer Frozen Assets (Jarrard, Ryan) Modified event on 4/10/2023 (JBR).
April 7, 2023 Opinion or Order Filing 139 First MOTION for Order to Show Cause by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit PSA, #2 Exhibit Certificate of Occupancy, #3 Exhibit Email Demand, #4 Exhibit Response LTR, #5 Exhibit Affidavit of Service, #6 Exhibit Internet Listing, #7 Exhibit Cease & Desist, #8 Exhibit Termination Letter, #9 Exhibit Destin Property)(Blink, Samuel)
April 7, 2023 Opinion or Order Filing 138 AFFIDAVIT of Nonservice by Richard Atnip. (Blink, Samuel)
April 7, 2023 Opinion or Order Filing 137 AFFIDAVIT of Service by Richard Atnip. (Blink, Samuel)
April 6, 2023 Opinion or Order Filing 136 RESPONSE to Motion re #91 MOTION to Transfer Frozen Assets Kirkland Supplemental Response Doc. 130 filed by State of Tennessee. (Daniels-Hill, Alicia)
April 4, 2023 Opinion or Order Filing 135 REPLY to Response to Motion re #106 MOTION for Preliminary Injunction filed by IPFS Corporation. (Attachments: #1 Exhibit Proposed Order)(Ramey, Shaun)
April 3, 2023 Opinion or Order Filing 134 REPLY to Response to Motion re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, filed by Richard Atnip. (Blink, Samuel)
March 31, 2023 Opinion or Order Filing 133 REPLY to Response to Motion re #95 MOTION to Amend/Revise #78 Memorandum & Opinion,, to Modify/Clarify Asset Freeze filed by Sarah Kirkland. (Attachments: #1 Exhibit 1 (Part 1) - Supplemental Declaration of Sarah Kirkland, #2 Exhibit 1 (Part 2) - Supplemental Declaration of Sarah Kirkland)(Brown, Gregory)
March 31, 2023 Opinion or Order Filing 132 RESPONSE in Opposition re #106 MOTION for Preliminary Injunction filed by Richard Ray. (Attachments: #1 Affidavit)(Jarrard, Ryan)
March 31, 2023 Opinion or Order Filing 131 REPLY to Response to Motion re #91 MOTION to Transfer Frozen Assets filed by Richard Ray. (Attachments: #1 Affidavit, #2 Exhibit Financial Records)(Jarrard, Ryan)
March 31, 2023 Opinion or Order Filing 130 RESPONSE in Opposition re #91 MOTION to Transfer Frozen Assets Supplemental Brief filed by Sarah Kirkland. (Brown, Gregory)
March 31, 2023 Opinion or Order Filing 129 Now before the Court is the Motion for Leave to File Supplemental Brief [Doc. 128], filed by Defendant Sarah Kirkland. For good cause shown, the Court GRANTS the motion [Doc. 128]. Defendant Kirkland SHALL file her Supplemental Brief [Doc. 128-1] in CM/ECF by the close of business on March 31, 2023. Signed by Magistrate Judge Jill E. McCook on 3/31/2023. (This entry constitutes the complete Order of the Court.) (AGA)
March 30, 2023 Opinion or Order Filing 128 MOTION for Leave to File Supplemental Brief in Opposition to Motion to Transfer Frozen Assets by Sarah Kirkland. (Attachments: #1 Supplement Brief in Opposition to Motion to Transfer Frozen Assets)(Brown, Gregory)
March 30, 2023 Opinion or Order Filing 127 Letter to Billy Parish (Mosaic, Inc.) from Jerry and Edith Simmons regarding collections (AYB)
March 30, 2023 Opinion or Order Filing 126 RESPONSE in Opposition re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, filed by Richard Ray. (Jarrard, Ryan)
March 29, 2023 Opinion or Order Filing 125 RESPONSE in Opposition re #101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, filed by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Exhibit Atnip Deposition Excerpt, #2 Exhibit Combined Financial Disclosures Excerpt)(Fata, Paul)
March 28, 2023 Opinion or Order Filing 124 AMENDED COMPLAINT against All Defendants., filed by State of Tennessee.(McDowell, J)
March 28, 2023 Opinion or Order Filing 123 RESPONSE in Opposition re #97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA Response in Opposition filed by Commonwealth of Kentucky, State of Tennessee. (McDowell, J)
March 27, 2023 Opinion or Order Filing 122 REPLY to Response to Motion re #97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA filed by Vickie Seagle. (Uhorchuk, Robert)
March 27, 2023 Opinion or Order Filing 121 RESPONSE in Opposition re #105 MOTION Motion to Enforce Lease Agreement and to Allow Showings filed by Richard Ray. (Attachments: #1 Affidavit)(Jarrard, Ryan)
March 27, 2023 Opinion or Order Filing 120 Now before the Court is Michael Atnip and Craig Kelley's Joint Withdrawal of Document [Doc. 118], which seeks to withdraw their Opposition to Motion for Leave of Court to File Complaint Against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan USA ("Opposition") [Doc. 116]. Defendants explain that the Opposition [Doc. 116] contained the incorrect title, but they have filed a corrected version with the Court as [Doc. 117]. The Court GRANTS the motion [Doc. 118] and STRIKES the Opposition [Doc. 116]. Signed by Magistrate Judge Jill E McCook on 3/27/2023. (AGA)
March 24, 2023 Opinion or Order Filing 119 RESPONSE to Motion re #95 MOTION to Amend/Revise #78 Memorandum & Opinion,, to Modify/Clarify Asset Freeze filed by State of Tennessee. (McDowell, J)
March 24, 2023 Opinion or Order Filing 118 JOINT Withdrawal of #116 Response in Opposition to Motion by Richard Atnip, Craig Kelley. (Atchison, James) Modified text on 3/27/2023 (JBR).
March 24, 2023 Opinion or Order Filing 117 RESPONSE in Opposition re #97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA (Corrected) filed by Richard Atnip, Craig Kelley. (Atchison, James)
March 24, 2023 Opinion or Order Filing 116 [RE-FILED AS DOC. #117 AND STRICKEN PER 120 ] RESPONSE in Opposition re #97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA filed by Richard Atnip, Craig Kelley. (Atchison, James) Modified text on 3/27/2023 (JBR).
March 24, 2023 Opinion or Order Filing 115 RESPONSE in Opposition re #97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA filed by Richard Ray. (Jarrard, Ryan)
March 24, 2023 Opinion or Order Filing 114 RESPONSE in Opposition re #96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion,, filed by Richard Ray. (Jarrard, Ryan)
March 23, 2023 Opinion or Order Filing 113 RESPONSE in Opposition re #91 MOTION to Transfer Frozen Assets filed by Sarah Kirkland. (Brown, Gregory)
March 23, 2023 Opinion or Order Filing 112 MEMORANDUM in Support of Motion re #91 MOTION to Transfer Frozen Assets filed by Commonwealth of Kentucky. (Attachments: #1 Exhibit)(Fata, Paul)
March 23, 2023 Opinion or Order Filing 111 RESPONSE in Opposition re #91 MOTION to Transfer Frozen Assets filed by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit A - Stephens Affidavit)(Atchison, James)
March 22, 2023 Opinion or Order Filing 110 NOTICE by Richard Atnip, Craig Kelley of Payment Pursuant to Opinion and Order (Atchison, James)
March 22, 2023 Opinion or Order Filing 109 Letter from Tom and Debbie Kolstad directed to Richard Ray, Court Appointed Receiver (ABF)
March 21, 2023 Opinion or Order Filing 108 REPLY to Response to Motion re #96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion,, filed by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit A - Email from Seller, #2 Exhibit B - Realtor.com Listing)(Atchison, James)
March 20, 2023 Opinion or Order Filing 107 SUPPLEMENT to #95 MOTION to Amend/Revise #78 Memorandum & Opinion,, to Modify/Clarify Asset Freeze - Declaration with Exhibits Attached by Sarah Kirkland. (Attachments: #1 Exhibit 1 - ALTA Settlement Statement, #2 Exhibit 2 - Purchase & Sale Agreement, #3 Exhibit 3 - ALTA Settlement Statement)(Brown, Gregory)
March 20, 2023 Opinion or Order Filing 106 MOTION for Preliminary Injunction by IPFS Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Ramey, Shaun)
March 17, 2023 Opinion or Order Filing 105 MOTION Motion to Enforce Lease Agreement and to Allow Showings by Volunteer Ventures, LLC. (Mullins, Benjamin)
March 17, 2023 Opinion or Order Filing 104 NOTICE of Appearance by Michael Lee on behalf of Volunteer Ventures, LLC (Lee, Michael)
March 17, 2023 Opinion or Order Filing 103 RESPONSE in Opposition re #96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion,, Response filed by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(McDowell, J)
March 16, 2023 Opinion or Order Filing 102 NOTICE by Richard Ray re #99 MOTION Second Status Report and Application for Interim Compensation to Substitute Exhibit (Attachments: #1 Exhibit Exhibit A)(Jarrard, Ryan)
March 16, 2023 Opinion or Order Filing 101 Emergency MOTION Modify Order to Unfreeze Assets re #78 Memorandum & Opinion,, by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit A - Generac Letter)(Atchison, James)
March 16, 2023 Opinion or Order Filing 100 NOTICE of Appearance by Nicholas Craig Stevens on behalf of Vickie Seagle (Stevens, Nicholas)
March 15, 2023 Opinion or Order Filing 99 MOTION Second Status Report and Application for Interim Compensation by Richard Ray. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Collective Exhibit B)(Jarrard, Ryan)
March 14, 2023 Opinion or Order Filing 98 NOTICE by Richard Atnip, Craig Kelley re #96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion,, of Additional Exhibit in Support of Motion (Atchison, James)
March 14, 2023 Opinion or Order Filing 97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA by Vickie Seagle, Page Harrison, Trustee of the Seagle Family Revocable Trust. (Attachments: #1 Exhibit Proposed Complaint)(Uhorchuk, Robert)
March 13, 2023 Opinion or Order Filing 96 Emergency MOTION Modify Asset Freeze re #78 Memorandum & Opinion,, by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit A - PSA, #2 Exhibit B - Addendum 1 to PSA, #3 Exhibit C - Addendum 3 to PSA, #4 Exhibit D - Tax Assessor Records)(Atchison, James)
March 12, 2023 Opinion or Order Filing 95 MOTION to Amend/Revise #78 Memorandum & Opinion,, to Modify/Clarify Asset Freeze by Sarah Kirkland. (Attachments: #1 Affidavit Declaration of Sarah Kirkland)(Brown, Gregory)
March 10, 2023 Opinion or Order Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 27, 2023, before Judge Corker. Court Reporter/Transcriber Karen Bradley, Telephone number (423)639-3918. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (KJB)
March 10, 2023 Opinion or Order Filing 93 ORDER granting #90 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 3/10/2023. (This entry constitutes the complete Order of the Court.) (ADM) Modified to reflect copy mailed to Shannon Petersen on 3/10/2023 (JBR).
March 10, 2023 Opinion or Order Filing 92 ORDER granting #89 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 3/10/2023. (This entry constitutes the complete Order of the Court.) (ADM) Modified to reflect copy mailed to Michael Yaghi on 3/10/2023 (JBR).
March 9, 2023 Opinion or Order Filing 91 MOTION to Transfer Frozen Assets by Richard Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Jarrard, Ryan)
March 9, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #90 MOTION for Leave to Appear Pro Hac Vice Shannon Z. Petersen ( Filing fee $ 90 receipt number ATNEDC-5317785.) filed by Solar Mosaic, LLC (JBR)
March 8, 2023 Opinion or Order Filing 90 MOTION for Leave to Appear Pro Hac Vice Shannon Z. Petersen ( Filing fee $ 90 receipt number ATNEDC-5317785.) by Solar Mosaic, LLC. (Goolsby, Jeremey)
March 8, 2023 Opinion or Order Filing 89 MOTION for Leave to Appear Pro Hac Vice for Michael Yaghi (Filing fee $ 90.00 Receipt number 200000339) by Solar Mosaic, LLC. (Attachments: #1 Certificate of Good Standing, #2 Envelope) (CAT)
March 8, 2023 Opinion or Order Filing 88 ORDER granting #85 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 3/08/2023. (ADM) Modified to reflect copy mailed to Ryan Strasser on 3/9/2023 (JBR).
March 8, 2023 Opinion or Order Filing 87 ORDER granting #84 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E McCook on 3/08/2023. (ADM) Modified to reflect copy mailed to Amy Williams on 3/9/2023 (JBR).
March 8, 2023 Opinion or Order Filing 86 MOTION to Sell Property by Richard Ray. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Jarrard, Ryan)
March 8, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete for Michael Yaghi regarding document: #89 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 Receipt number 200000339) filed by Solar Mosaic, LLC (CAT)
March 7, 2023 Opinion or Order Filing 85 MOTION for Leave to Appear Pro Hac Vice as to Attorney Ryan K. Strasser by Solar Mosaic, LLC. (Filing fee $ 90 RECEIVED: Receipt #200000335). (Attachments: #1 Envelope). (LCK)
March 7, 2023 Opinion or Order Filing 84 MOTION for Leave to Appear Pro Hac Vice as to Attorney Amy P. Williams by Solar Mosaic, LLC. (Filing fee $ 90 RECEIVED: Receipt #200000335). (Attachments: #1 Envelope)(LCK)
March 7, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #84 MOTION for Leave to Appear Pro Hac Vice as to Attorney Amy P. Williams filed by Solar Mosaic, LLC. (Filing fee $ 90 RECEIVED: Receipt #200000335). (LCK)
March 7, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #85 MOTION for Leave to Appear Pro Hac Vice as to Attorney Ryan J. Strasser filed by Solar Mosaic, LLC (Filing fee $ 90 RECEIVED: Receipt #200000335). (LCK)
March 6, 2023 Opinion or Order Filing 83 Now before the Court is the Motion to Extend Deadline to Answer or Otherwise Respond to Complaint [Doc. 79], filed by Defendants Michael Atnip and Craig Kelley. After filing the motion, the parties filed a Stipulation to Extend Time for Defendants to Respond to Plaintiffs' Complaint [Doc. 82]. In light of the Stipulation, the Court DENIES AS MOOT the motion [Doc. 79]. Defendants Atnip and Kelley SHALL respond to the Complaint on or before April 1, 2023. Signed by Magistrate Judge Jill E. McCook on 3/6/2023. (This entry constitutes the complete Order of the Court.) (AGA)
March 3, 2023 Opinion or Order Filing 82 STIPULATION re #79 MOTION for Extension of Time to File Answer re #3 Complaint TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS COMPLAINT by Richard Atnip, Craig Kelley. (Wright, Stephan)
March 3, 2023 Opinion or Order Filing 81 COURT REPORTER NOTES OF PROCEEDINGS filed by Karen Bradley of Motion Hearing before Judge Corker on February 27, 2023. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Corker on February 27, 2023. By s/ Karen Bradley. (Court Reporter Notes are viewable by court staff only). (KJB)
March 1, 2023 Opinion or Order Filing 80 WAIVER OF SERVICE Returned Executed by State of Tennessee. Solar Titan Charters, LLC waiver sent on 2/22/2023. (McDowell, J)
February 28, 2023 Opinion or Order Filing 79 MOTION for Extension of Time to File Answer re #3 Complaint by Richard Atnip, Craig Kelley. (Wright, Stephan)
February 28, 2023 Opinion or Order Filing 78 MEMORANDUM OPINION AND ORDER: This matter came before the Court on February 27, 2023 for a preliminary injunction hearing, during which all parties in interest appeared with counsel and presented oral argument on their position of whether the Temporary Restraining Order, issued by the Court on February 7,2023, should be converted into a preliminary injunction. Based on the evidence contained in the record, the parties briefing, the arguments presented during the hearing, and for the reasons stated herein, the Court finds the entry of a preliminary injunction is warranted. Signed by District Judge Clifton L Corker on 2/28/2023. (JCK)
February 28, 2023 Opinion or Order Filing 77 ORDER granting #72 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/28/2023. (This entry constitutes the complete Order of the Court.) (AGA)
February 27, 2023 Opinion or Order Filing 76 Minute Entry for proceedings held before District Judge Clifton L Corker: Motion Hearing held on 2/27/2023 re #5 MOTION for Temporary Restraining Order filed by Commonwealth of Kentucky, State of Tennessee. (Court Reporter Karen Bradley) (KDO)
February 27, 2023 Opinion or Order Filing 75 AGREED ORDER granting #73 Motion to Modify Asset freeze. Signed by District Judge Clifton L Corker on 2/27/23. (KDO)
February 27, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #72 MOTION for Leave to Appear Pro Hac Vice for James Atchison ( Filing fee $ 90 receipt number ATNEDC-5307970.) filed by Richard Atnip (KMK)
February 26, 2023 Opinion or Order Filing 74 NOTICE of Filing Exhibit by Richard Atnip, Craig Kelley re #68 Response in Opposition to Motion (Attachments: #1 Exhibit Ex A Stephens Declaration 2022.02.26)(Wright, Stephan) Modified text on 2/27/2023 (KMK).
February 26, 2023 Opinion or Order Filing 73 Joint MOTION for Agreed Order Modifying Asset Freeze as to defendant Sarah Kirkland. (Attachments: #1 Other Proposed Order)(Brown, Gregory) Modified text on 2/27/2023 (KMK).
February 25, 2023 Opinion or Order Filing 72 MOTION for Leave to Appear Pro Hac Vice for James Atchison ( Filing fee $ 90 receipt number ATNEDC-5307970.) by Richard Atnip. (Killian, William)
February 25, 2023 Opinion or Order Filing 71 NOTICE by Commonwealth of Kentucky of Filing Corrected Exhibits (Attachments: #1 Exhibit Corrected Exhibit U, #2 Exhibit Corrected Exhibit D part 1, #3 Exhibit Corrected Exhibit D part 2, #4 Exhibit Corrected Exhibit D part 3)(Fata, Paul)
February 24, 2023 Opinion or Order Filing 70 ORDER granting #36 Motion To Permit Live Testimony at Preliminary Injunction Hearing. Based on the foregoing, the Court finds that Kirkland has sufficiently demonstrated that she intends to introduce evidence that raises a genuine issue of material fact as to her personal involvement in the company and any dissipation of assets and, consequently, as to whether a preliminary injunction including an asset freeze is appropriate as it relates to her. Accordingly, Kirkland's motion [Doc. 36] is well-taken and GRANTED. Kirkland and her husband shall be permitted to testify at the preliminary injunction hearing in this matter. See Order for details. Signed by District Judge Clifton L Corker on 02/24/2023. (Copy of Order mailed to Tanya Bowman, Robert Guite, & Lyndsey Antos) (CAT)
February 24, 2023 Opinion or Order Filing 69 NOTICE by Richard Ray of Filing 1st Status Report (Attachments: #1 Exhibit 1)(Jarrard, Ryan)
February 23, 2023 Opinion or Order Filing 68 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order filed by Richard Atnip, Craig Kelley. (Attachments: #1 Exhibit EXHIBIT A Declaration of Richard Atnip, #2 Exhibit EXHIBIT B Project Solar Due Diligence, #3 Exhibit EXHIBIT C Financial Statements Unaudited, #4 Exhibit EXHIBIT D Mosaic Program Participation Agreement, #5 Exhibit EXHIBIT E Mosaic Loan Agreement, #6 Exhibit EXHIBIT F Solar Titan USA Questions and Answers July 25 2022, #7 Exhibit EXHIBIT G Energy Tech Review, #8 Exhibit EXHIBIT H Sales Presentation, #9 Exhibit EXHIBIT I Secretary of State (KY) (Freedom Solar), #10 Exhibit EXHIBIT J Secretary of State (TN) (Solar 1 USA), #11 Exhibit EXHIBIT K Craig Kelley Declaration, #12 Exhibit EXHIBIT L - Solar Titan Temporary Issues Summary 8.7.22)(Wright, Stephan)
February 23, 2023 Opinion or Order Filing 67 MEMORANDUM in Support of Motion re #5 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Suzanne French, #2 Exhibit Declaration of Brandon Stephens, #3 Exhibit Declaration of Kevin Atchley, #4 Exhibit Supplemental Declaration of Lisa Cochran, #5 Exhibit Supplemental Declaration of Lisa Cochran Pt. 2, #6 Exhibit Supplemental Declaration of Lisa Cochran Pt. 3, #7 Exhibit Supplemental Declaration of Claire Marsalis, #8 Exhibit Supplemental Declaration of Claire Marsalis Pt.2, #9 Exhibit Email from Ursula Abrams, NABCEP Operations Manager)(McDowell, J)
February 23, 2023 Opinion or Order Filing 66 ORDER granting #65 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/23/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 2/23/2023 to indicate c/m Robert J Guite, Sheppard, Mullin, Richter & Hampton, LLP (San Fran), Four Embarcadero Center, 17th Floor, San Francisco, CA 94111 (ABF).
February 22, 2023 Opinion or Order Filing 65 MOTION for Leave to Appear Pro Hac Vice Robert J. Guite ( Filing fee $ 90 receipt number ATNEDC-5304683.) by Solar Mosaic, LLC. (Goolsby, Jeremey)
February 22, 2023 Opinion or Order Filing 64 ORDER granting #54 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #60 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/22/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Tanya Bowman on 2/22/2023 (JBR).
February 22, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #65 MOTION for Leave to Appear Pro Hac Vice Robert J. Guite ( Filing fee $ 90 receipt number ATNEDC-5304683.) filed by Solar Mosaic, LLC (JBR)
February 21, 2023 Opinion or Order Filing 63 ORDER: Plaintiffs State of Tennessee ("Tennessee") and Commonwealth of Kentucky ("Kentucky") (collectively the "Plaintiffs") along with Defendant Sarah Kirkland ("Ms. Kirkland") have filed a Joint Motion for the limited release of funds to Ms. Kirkland [Doc. 61]. It is, therefore, ordered that, in lieu of receiving $3,500.00 from the receivership estate for the month of February 7, 2023 to March 7, 2023, Ms. Kirkland may make a one-time withdrawal of $10,000.00 from her Pinnacle bank account. It is further ordered that, once the $10,000.00 withdrawal is made, Ms. Kirkland shall provide Plaintiffs and the Receiver with a receipt showing the withdrawal and the remaining account balance. See Order for details. Signed by District Judge Clifton L Corker on 02/21/2023. (Copy of Order mailed to Lyndsey Antos, Paul Fata, & Tanya Y Bowman) (CAT)
February 21, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #60 MOTION for Leave to Appear Pro Hac Vice Hannah Catherine Lackey filed by Solar Mosaic, LLC (JBR)
February 20, 2023 Opinion or Order Filing 62 MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) , MOTION to Intervene by Volunteer Ventures, LLC. (Attachments: #1 Supplement Solar Titan Lease- 10306 Yellow Pine Lane)(Mullins, Benjamin)
February 17, 2023 Opinion or Order Filing 61 Joint MOTION for Disbursement of Funds to Defendant Sarah Kirkland by Sarah Kirkland. (Brown, Gregory)
February 17, 2023 Opinion or Order Filing 60 MOTION for Leave to Appear Pro Hac Vice Hannah Catherine Lackey by Solar Mosaic, LLC. (Goolsby, Jeremey)
February 17, 2023 Opinion or Order Filing 59 COURT REPORTER NOTES OF PROCEEDINGS filed by Karen Bradley of Motion Hearing before Judge Corker on February 16, 2023. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Corker on February 16, 2023. By s/ Karen Bradley. (Court Reporter Notes are viewable by court staff only). (KJB)
February 17, 2023 Opinion or Order Filing 58 NOTICE of Deficiency (Pro Hac) as to Hannah-Catherine Lackey. Please file a pro hac vice motion per LR83.5. (JBR)
February 17, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #54 MOTION for Leave to Appear Pro Hac Vice Tanya I. Bowman ( Filing fee $ 90 receipt number ATNEDC-5299724.) filed by Solar Mosaic, LLC (JBR)
February 16, 2023 Opinion or Order Filing 57 WAIVER OF SERVICE Returned Executed by State of Tennessee. Solar Mosaic, LLC waiver sent on 2/16/2023. (McDowell, J)
February 16, 2023 Opinion or Order Filing 56 Minute Entry for proceedings held before District Judge Clifton L Corker: Motion Hearing held on 2/16/2023 re #52 MOTION to Dissolve Temporary Restraining Order filed by Sarah Kirkland. Order to enter. (Court Reporter Karen Bradley) (KDO)
February 16, 2023 Opinion or Order Filing 55 NOTICE of Appearance by Jeremey Goolsby on behalf of Solar Mosaic, LLC (Goolsby, Jeremey)
February 16, 2023 Opinion or Order Filing 54 MOTION for Leave to Appear Pro Hac Vice Tanya I. Bowman ( Filing fee $ 90 receipt number ATNEDC-5299724.) by Solar Mosaic, LLC. (Goolsby, Jeremey)
February 15, 2023 Opinion or Order Filing 53 ORDER: This matter is hereby set for a status conference to be held on Thursday, February 16, 2023, at 1:00 p.m. EST. All parties to this action, including the Receiver, and their respective counsel shall appear by video at the appointed time. The Clerk's Office is directed to provide connection information to the parties via email. (Video Status Conference set for 2/16/2023 at 1:00 PM before District Judge Clifton L Corker). Signed by District Judge Clifton L Corker on 2/15/2023. (LCK)
February 14, 2023 Opinion or Order Filing 52 MOTION to Dissolve Temporary Restraining Order re #49 Order,,,, Terminate Motions,,, #21 Order,,, Set Hearings,,, Terminate Motions,, by Sarah Kirkland. (Rawls, Gregory)
February 14, 2023 Opinion or Order Filing 51 NOTICE by Richard Atnip, Craig Kelley re #46 Response in Opposition to Motion, NOTICE OF SUBMISSION OF FILING EXHIBITS INADVERTENTLY OMITTED FROM OR MISLABLED IN THEIR PREVIOUSLY FILED OBJECTION (Attachments: #1 Exhibit Exhibit D Mosaic Participation Program, #2 Exhibit Exhibit E - Mosaic Loan Agreement, #3 Exhibit Exhibit F Solar Titan Q&A, #4 Exhibit Exhibit G Energy Tech Review Materials (part one), #5 Exhibit Exhibit G Energy Tech Review Materials (part two), #6 Exhibit Exhibit H Sales Presentation, #7 Exhibit Exhibit I Secretary of State (KY) (Freedom Solar), #8 Exhibit Exhibit J Secretary of State (TN) (Solar 1 USA))(Wright, Stephan)
February 14, 2023 Opinion or Order Filing 50 Now before the Court is Defendants Michael Atnip and Craig Kelley's Request to Exceed Twenty-Five Pages in their Response to Plaintiffs' Motion for Temporary Restraining Order and Order Appointing a Receiver [Doc. 45]. For good cause shown, the Court GRANTS the motion [Doc. 45]. Signed by Magistrate Judge Jill E. McCook on 2/14/2023. (This entry constitutes the complete Order of the Court.) (AGA)
February 14, 2023 Opinion or Order Filing 49 ORDER: Accordingly, Defendants' motion [Doc. 38] is GRANTED. It is hereby ORDERED that the preliminary injunction hearing currently scheduled for February 15, 2023, is CONTINUED to February 27, 2023, at 10:00 a.m. at the James H. Quillen United States Courthouse in Greeneville, Tennessee, Courtroom 420. The parties shall file and/or serve any pleadings concerning the entry of a preliminary injunction within the time periods provided in Section XXV of the Temporary Restraining Order [Doc. 21]. It is further ORDERED that the Temporary Restraining Order is extended for an additional 14 days from the entry of this Order. Signed by District Judge Clifton L Corker on 02/14/2023. (Copy of Order mailed to Lyndsey Antos & Paul Fata) (CAT)
February 14, 2023 Opinion or Order Filing 48 RESPONSE in Opposition re #38 MOTION for Extension of Time to File Response/Reply as to #6 Memorandum in Support of Motion for Temporary Restraining Order filed by Sarah Kirkland. (Brown, Gregory)
February 14, 2023 Opinion or Order Filing 47 ORDER granting #40 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/14/2023. (This entry constitutes the complete Order of the Court.) (AGA)
February 14, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #40 MOTION for Leave to Appear Pro Hac Vice as to Atty. Sam Blink filed by Richard Atnip (ABF)
February 13, 2023 Opinion or Order Filing 46 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order filed by Richard Atnip, Craig Kelley. (Attachments: #1 Affidavit declaration of Atnip, #2 Exhibit Audit, #3 Exhibit Financial Statements, #4 Exhibit mosaic loan agreement, #5 Exhibit Solar Titan Q&A, #6 Exhibit Sales Presentation, #7 Exhibit Freedom, #8 Exhibit Solar SOS)(Wright, Stephan)
February 13, 2023 Opinion or Order Filing 45 MOTION for Leave to File Excess Pages by Richard Atnip, Craig Kelley. (Wright, Stephan)
February 13, 2023 Opinion or Order Filing 44 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Request for Preliminary Injunction filed by Sarah Kirkland. (Brown, Gregory)
February 13, 2023 Opinion or Order Filing 43 NOTICE by Sarah Kirkland of Compliance with Court Order Requiring Disclosure of Foreign Assets (Brown, Gregory)
February 13, 2023 Opinion or Order Filing 42 NOTICE by Sarah Kirkland of Compliance with Court Order Requiring Financial Disclosures (Brown, Gregory)
February 13, 2023 Opinion or Order Filing 41 MOTION to Strike #3 Complaint Paragraphs 106-109 and Paragraph J of the Prayer for Relief by Sarah Kirkland. (Rawls, Gregory)
February 13, 2023 Opinion or Order Filing 40 MOTION for Leave to Appear Pro Hac Vice as to Atty. Sam Blink by Richard Atnip. (Killian, William) Modified on 2/14/2023 to indicate attorney is pending admission to the Court; no fee required. (ABF).
February 13, 2023 Opinion or Order Filing 39 NOTICE of Appearance by William C Killian on behalf of Richard Atnip (Killian, William)
February 13, 2023 Opinion or Order Filing 38 MOTION for Extension of Time to File Response/Reply as to #6 Memorandum in Support of Motion for Temporary Restraining Order by Richard Atnip, Craig Kelley. (Wright, Stephan)
February 13, 2023 Opinion or Order Filing 37 NOTICE of Appearance by Stephan R Wright on behalf of Craig Kelley (Wright, Stephan)
February 10, 2023 Opinion or Order Filing 36 MOTION To Permit Live Testimony at Preliminary Injunction Hearing by Sarah Kirkland. (Hickerson, William)
February 10, 2023 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Deadline for Submission of Financial Disclosures. Considering the importance of accuracy and completeness in the financial disclosures, Defendants motion [Doc. 34] is well-taken and GRANTED. Defendant Kirkland shall deliver the completed financial statements to counsel for Plaintiffs and the Receiver on or before February 13, 2023. Signed by District Judge Clifton L Corker on 02/10/2023. (AGG) Modified to reflect copy mailed to Attorneys Antos, Fata and Heleringer on 2/13/2023 (JBR).
February 9, 2023 Opinion or Order Filing 34 First MOTION for Extension of Time to File and/or Submit Financial Disclosures in Accordance with the Court's Order (Doc. 21) by Sarah Kirkland. (Rawls, Gregory)
February 9, 2023 Opinion or Order Filing 33 NOTICE of Appearance by Gregory Alan Rawls on behalf of Sarah Kirkland (Rawls, Gregory)
February 9, 2023 Opinion or Order Filing 32 NOTICE of Appearance by William Scott Hickerson on behalf of Sarah Kirkland (Hickerson, William)
February 9, 2023 Opinion or Order Filing 31 NOTICE of Appearance by Gregory Brown on behalf of Sarah Kirkland (Brown, Gregory)
February 9, 2023 Opinion or Order Filing 30 NOTICE of Appearance by Ryan Jarrard on behalf of Richard Ray (Jarrard, Ryan)
February 9, 2023 Opinion or Order Filing 29 ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #23 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/9/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Philip Heleringer on 2/10/2023 (JBR).
February 8, 2023 Opinion or Order Filing 28 SUMMONS Returned Executed by Commonwealth of Kentucky. Sarah Kirkland served on 2/7/2023. (JBR)
February 8, 2023 Opinion or Order Filing 27 SUMMONS Returned Executed by Commonwealth of Kentucky. Richard Atnip served on 2/7/2023. (JBR)
February 8, 2023 Opinion or Order Filing 26 SUMMONS Returned Executed by Commonwealth of Kentucky. Ideal Horizon Benefits, LLC served on 2/7/2023. (JBR)
February 8, 2023 Opinion or Order Filing 25 SUMMONS Returned Executed by Commonwealth of Kentucky. Craig Kelley served on 2/7/2023. (JBR)
February 8, 2023 Opinion or Order Filing 24 NOTICE of Status by the State of Tennessee re #18 Sealed Order - This matter can be unsealed because one or more of the defendants have sufficient notice of this action and further sealing is unnecessary. (KMK)
February 7, 2023 Opinion or Order Filing 21 OPINION AND ORDER granting #5 MOTION for Temporary Restraining Order filed by Commonwealth of Kentucky, State of Tennessee. Evidentiary Hearing set for 2/15/2023 at 1:30 PM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. Signed by District Judge Clifton L Corker on 2/7/2023. (Copy of Order served via email to Aleicia Daniels-Hill, J. David McDowell, Samuel David Keen and sent via mail to Lyndsey Antos, Paul Fata, and Phillip Heleringer)(JCK)
February 7, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #23 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Kentucky, #22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by State of Tennessee (JBR)
February 6, 2023 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice for Philip Heleringer (Filing fee $90.00, Receipt #300001195) by Commonwealth of Kentucky. (JBR)
February 6, 2023 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice for Alicia Daniels-Hill (Filing fee $90.00, Receipt #300001195) by State of Tennessee. (JBR)
February 6, 2023 Opinion or Order Filing 20 ORDER granting [Docs. 12, 13, and 14] Motions for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/6/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Lyndsey Antos and Paul Fata. Copy emailed to Samuel Keen on 2/8/2023 (JBR).
February 6, 2023 Opinion or Order Filing 19 SEALED ORDER, granting #7 MOTION for Leave to File Excess Pages filed by Commonwealth of Kentucky, State of Tennessee.Signed by District Judge Clifton L Corker on 2/6/2023. Copy of Order served via email to Aleicia Daniels-Hill, J. David McDowell, Samuel David Keen and sent via mail to Lyndsey Antos, Paul Fata, and Phillip Heleringer)(JCK) Modified by unsealing as per law clerk on 2/8/2023 (LCK).
February 6, 2023 Opinion or Order Filing 18 SEALED ORDER granting #1 MOTION to Seal Case filed by Commonwealth of Kentucky, State of Tennessee.Signed by District Judge Clifton L Corker on 2/6/2023. (Copy of Order served via email to Aleicia Daniels-Hill, J. David McDowell, Samuel David Keen and sent via mail to Lyndsey Antos, Paul Fata, and Phillip Heleringer) (JCK) Modified by unsealing as per law clerk on 2/8/2023 (LCK).
February 6, 2023 Opinion or Order Filing 17 Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 2/6/23. (c/m to all counsel of record) (ABF)
February 6, 2023 Opinion or Order Filing 16 Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 2/6/23. (c/m to all counsel of record) (ABF)
February 6, 2023 Opinion or Order Filing 15 Order Governing Depositions. Signed by District Judge Clifton L Corker on 2/6/23. (ABF) Modified on 2/6/2023 to indicate c/m to all counsel of record (ABF).
February 6, 2023 Opinion or Order Filing 14 MOTION for Lyndsey Antos to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300001176.) by Commonwealth of Kentucky. (ABF)
February 6, 2023 Opinion or Order Filing 13 MOTION for Paul Fata to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300001176.) by Commonwealth of Kentucky. (ABF)
February 6, 2023 Opinion or Order Filing 12 MOTION for Samuel Keen to Appear Pro Hac Vice by State of Tennessee. (Attorney is pending admission) (ABF)
February 6, 2023 Opinion or Order Filing 11 EXHIBITS O - CC by Commonwealth of Kentucky, State of Tennessee re #5 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 0, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T part 1, #7 Exhibit T part 2, #8 Exhibit T part 3, #9 Exhibit T part 4, #10 Exhibit T part 5, #11 Exhibit U, #12 Exhibit V, #13 Exhibit W, #14 Exhibit X, #15 Exhibit Y, #16 Exhibit Z, #17 Exhibit AA, #18 Exhibit BB, #19 Exhibit CC)(ABF)
February 6, 2023 Opinion or Order Filing 10 EXHIBITS A-N by Commonwealth of Kentucky, State of Tennessee re #5 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A and B, #2 Exhibit C, #3 Exhibit D part 1, #4 Exhibit D part 2, #5 Exhibit D part 3, #6 Exhibit E part 1, #7 Exhibit E part 2, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N part 1, #17 Exhibit N part 2, #18 Exhibit N part 3, #19 Exhibit N part 4)(ABF)
February 6, 2023 Opinion or Order Filing 9 PLAINTIFFS' RECOMMENDATION FOR PENDENTE LITE RECEIVER by Commonwealth of Kentucky, State of Tennessee (Attachments: #1 Other Exhibits)(ABF)
February 6, 2023 Opinion or Order Filing 8 RULE 65(B) CERTIFICATION AND DECLARATION OF COUNSEL by Commonwealth of Kentucky, State of Tennessee in Support of #5 MOTION for Temporary Restraining Order and MOTION to Seal. (ABF)
February 6, 2023 Opinion or Order Filing 7 MOTION for Leave to File Excess Pages by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Other Proposed Order)(ABF)
February 6, 2023 Opinion or Order Filing 6 MEMORANDUM in Support of Motion re #5 MOTION for Temporary Restraining Order filed by Commonwealth of Kentucky, State of Tennessee. (ABF)
February 6, 2023 Opinion or Order Filing 5 MOTION for Temporary Restraining Order by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Other Proposed TRO Order)(ABF)
February 6, 2023 Opinion or Order Filing 4 Summons Issued as to Richard Atnip, Ideal Horizon Benefits, LLC, Craig Kelley, Sarah Kirkland, Solar Mosaic, LLC, Solar Titan Charters, LLC. (ABF)
February 6, 2023 Opinion or Order Filing 3 COMPLAINT against All Defendants (Filing fee $ 402 Paid, Receipt #300001175.), filed by State of Tennessee, Commonwealth of Kentucky.(ABF)
February 6, 2023 Opinion or Order Filing 2 MEMORANDUM in Support of Motion re #1 MOTION to Seal Case filed by Commonwealth of Kentucky, State of Tennessee. (ABF)
February 6, 2023 Opinion or Order Filing 1 MOTION to Seal Case by Commonwealth of Kentucky, State of Tennessee. (Attachments: #1 Other Proposed Order)(ABF)
February 6, 2023 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #14 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Kentucky, #12 MOTION for Leave to Appear Pro Hac Vice filed by State of Tennessee, #13 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Kentucky (ABF)

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Search for this case: State of Tennessee et al v. Ideal Horizon Benefits, LLC et al
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Plaintiff: State of Tennessee
Represented By: Alicia Daniels-Hill
Represented By: J David McDowell
Represented By: Samuel David Keen
Represented By: Kelly Walker
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Plaintiff: Commonwealth of Kentucky
Represented By: Lyndsey Antos
Represented By: Paul Fata
Represented By: Philip Heleringer
Represented By: Paul Mitchel Fata
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Defendant: Ideal Horizon Benefits, LLC doing business as Solar Titan USA
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Defendant: Craig Kelley
Represented By: Stephan R Wright
Represented By: Charles W Gilbreath, II
Represented By: James G Atchison
Represented By: Samuel Blink
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Defendant: Richard Atnip
Represented By: James G Atchison
Represented By: Samuel Blink
Represented By: William C Killian
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Defendant: Sarah Kirkland
Represented By: Gregory Brown
Represented By: Hugh B Ward, Jr
Represented By: Gregory Alan Rawls
Represented By: William Scott Hickerson
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Defendant: Solar Mosaic, LLC doing business as Mosaic
Represented By: Hannah Catherine Lackey
Represented By: Jeremey Goolsby
Represented By: Michael Yaghi
Represented By: Robert J Guite
Represented By: Shannon Z Petersen
Represented By: Tanya Y Bowman
Represented By: Amy P. Williams
Represented By: Ryan J. Strasser
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Defendant: Solar Titan Charters, LLC doing business as Titan Charters
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Receiver: Richard Ray
Represented By: Ryan Jarrard
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Intervenor: Volunteer Ventures, LLC
Represented By: Benjamin C Mullins
Represented By: Michael Lee
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Intervenor: Consolidated Electrical Distributors, Inc. dba Greentech Renewables
Represented By: Elizabeth Appunn Peterson
Represented By: Kevin C Stevens
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Petitioner: Vickie Seagle
Represented By: Nicholas Craig Stevens
Represented By: Robert J Uhorchuk
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Petitioner: Page Harrison, Trustee of the Seagle Family Revocable Trust
Represented By: Nicholas Craig Stevens
Represented By: Robert J Uhorchuk
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Petitioner: IPFS Corporation
Represented By: Shaun Kevin Ramey
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