Securities and Exchange Commission v. Management Solutions et al
Plaintiff: Securities and Exchange Commission
Defendant: Management Solutions, Wendell A. Jacobson and Allen R. Jacobson
Petitioner: Platinum Protection LLC, Americanwest Bank, Virginia Padilla, Lisa Marie Padilla, Don Logan, Katherine Anne Brown, Dagmar Chaplin-Lee, B.C. Warner Investments, BCW-S.F., Bart C. Warner, Jeffrey K. Wetzel, Gerald A. Zmyslo, ST&H Management, SAL Rentals, Jason Coutts and Silver Creek Investments
Intervenor Plaintiff: U.S. Bank National Association-Reserve at Abbie Lakes, U.S. Bank National Association-CW Capital Asset Mangement & Apartments at Lakesridge, U.S. Bank National Association-2011-K704, Utah Community Bank, Barlow, Brian Blain, Visionary Management, First Branch, Encinito Properties, Nevada State Bank, Naples Lending, Central Bank, U.S. Bank National Association, C. Eugene McDermott, Mary Ann McDermott, Forest Hills Apartments, McKean Enterprises, Eric Clark Welling, Mary Katherine Welling, Pheasant Wood, Nycom Apartments, Branch Banking & Trust, Matthew A. Nielson, Jill R. Nielson, Black Cliffs Investments, Gary C. Williamson, Boyd Summerhays LLC, Fountain Green, BCW Investments, Truckpro, SLEA 423, B.C. Warner Revocable Trust, BCW-D.O., BCW-Maui, James Warner, Doah View, TMB Limited Company, Solar Sands, Fountain Hills, Villa Cumorah, Holbrook Farms, Scott and Michelle Beeville, Holbrook J3, Evan K. Jacobson, Geyser Point, The Estate of David K. Richards, The David K. Richards Trust, The David K. Richards 1995 Charitable Remainder Unitrust, Sharon Richards, Eric D. Bishop, Inc., Adams Bay Lighthouse Investment, Deloitte Financial Advisory Services LLP and U.S. Bank National Association Series 2004-PWR4
Consolidated Plaintiff: Gil A. Miller
Consolidated Defendant: Progressive Services
Intervenor Defendant: CRVII Escena Lend, LLC, Bank Midwest N.A., Fannie Mae, Mutual of Omaha Bank, Freddie Mac, Key Bank, Arvest Bank, Stone Brook Idaho, John A. Beckstead, Department of Housing and Urban Development, Gateway Properties, CFCRE 2011-C1 Kengary Way, CFCRE 2011-C2 Heatherbridge Lane, CFCRE 2011-C1 Apartments 12900, Cache Valley Bank, Council Properties, Town Plaza Apartments, Beeville Apartments, Baytown Stonebrook Apartments, Stonebrook at Goose Creek, Reserve at Abbie Lakes and Tuscany Gardens
3Rd Party Defendant: Hally Jacobson, Sage Canyon Cabin, Sage Canyon Creek, Sage Canyon Meadows, Sage Canyon Oaks, Sage Canyon Park, Sage Canyon Pines, Sage Canyon Ridge, Sage Canyon View and Sage Canyon Management
Claimant: Den Glen, Lake Charlestonian, Carmen Lenhof Israelsen, LLP, Gene P. Jacobson, Provident Development Group LLC, Sun Winds LLC, Golden J LLC, Bradley Jacobson, Preferred Income Partners IV LLC, Larraine Jacobson, Falconhead Property Owners Association, Diane A. Thompson, Boca Raton LLC, Bement & Company PC, Sue Carlson, Jason W Coutts, Casey J Coutts, Jason W Daley, Ellen Daley, Colonial Stone Brook Apt Homes II LLC, Cami Jacobson, Brandon W Jacobson, April C Jacobson, Melba B Jacobson, Laney V Jacobson, Brett Lovell, Emily Lovell, Red Castle Inc Retirement Trust, Scott Daley, Jenny J Bailey, Noall Investment Prob LLC, Irfred Park Investments LLC, Dustin Barrett, Scott H. Smith, Excena Park TX 3 LLC, Stonebridge Ranches TX 3 LLC, Sean Hansen and Scott McDermott
Amicus Curiae: MSI Investor Group
Intervenor: Greg B. Bailey
Interested Party: Mutual of Omaha LoanPro, Lanny Waite, Maxine Waite and Tony G. Kogianes
Not Yet Classified: JPMorgan Chase Bank
Case Number: 2:2011cv01165
Filed: December 15, 2011
Court: US District Court for the District of Utah
Office: Central Office
County: Sanpete
Presiding Judge: Bruce S Jenkins
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 0077 Securities Fraud
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 9, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2012 Opinion or Order Filing 724 NOTICE of Appearance by Joseph Covey on behalf of Forest Hills Apartments, C. Eugene McDermott, Mary Ann McDermott, McKean Enterprises, Nycom Apartments, Pheasant Wood, Eric Clark Welling, Mary Katherine Welling (Covey, Joseph)
November 26, 2012 Opinion or Order Filing 723 MEMORANDUM in Support re #722 MOTION to Intervene filed by Movants Forest Hills Apartments, C. Eugene McDermott, Mary Ann McDermott, McKean Enterprises, Nycom Apartments, Pheasant Wood, Eric Clark Welling, Mary Katherine Welling. (Covington, Royce)
November 26, 2012 Opinion or Order Filing 722 MOTION to Intervene filed by Movants Forest Hills Apartments, C. Eugene McDermott, Mary Ann McDermott, McKean Enterprises, Nycom Apartments, Pheasant Wood, Eric Clark Welling, Mary Katherine Welling. (Attachments: #1 Exhibit A - Complaint in Intervention)(Covington, Royce)
November 26, 2012 Opinion or Order Filing 721 NOTICE of Appearance by Robert S. Clark on behalf of Forest Hills Apartments, C. Eugene McDermott, Mary Ann McDermott, McKean Enterprises, Nycom Apartments, Pheasant Wood, Eric Clark Welling, Mary Katherine Welling (Clark, Robert)
November 26, 2012 Opinion or Order Filing 720 NOTICE of Appearance by Royce B. Covington on behalf of Forest Hills Apartments, C. Eugene McDermott, Mary Ann McDermott, McKean Enterprises, Nycom Apartments, Pheasant Wood, Eric Clark Welling, Mary Katherine Welling (Covington, Royce)
November 26, 2012 Opinion or Order Filing 719 ORDER granting Stipulated #716 Motion for Extension of Time for Arvest Bank to File Reply in Support of Motion for Relief from Receivership Order-The Court HEREBY ORDERS THAT the Arvest Bank shall have until November 30, 2012 to file its reply to Receiver's Response. Signed by Judge Bruce S. Jenkins on 11/26/12. (jmr)
November 26, 2012 Opinion or Order Filing 718 ORDER Granting Motion for Dismissal of Plea in Intervention of CRVII Escena Lend, LLC-granting #707 Motion to Dismiss. See Order for details. Signed by Judge Bruce S. Jenkins on 11/26/12. (jmr)
November 21, 2012 Opinion or Order Filing 717 RESPONSE re #637 Status Report,,and Receiver's Demand for Tax Escrow Funds filed by Mutual of Omaha Bank. (Maudsley, Adelaide)
November 21, 2012 Opinion or Order Filing 716 Stipulated MOTION for Extension of Time File Reply in Support of Motion For Relief From Receivership Order filed by Intervenor Defendant Arvest Bank. (Attachments: #1 Text of Proposed Order)(Hoffman, Jeremy)
November 20, 2012 Opinion or Order Filing 715 REQUEST to Submit for Decision re #639 Objections, #571 Objections filed by Intervenor Defendant Bank Midwest N.A.. (Georgelas, Tammy)
November 20, 2012 Opinion or Order Filing 714 WITHDRAWAL OF MOTION by Receiver John A. Beckstead re #649 MOTION for Direction to Receiver Re: Liquidation Plan filed by John A. Beckstead . (Sjoblom, J.)
November 20, 2012 Opinion or Order Filing 713 MEMORANDUM in Support re #712 MOTION to Intervene filed by Movant U.S. Bank National Association. (jmr)
November 20, 2012 Opinion or Order Filing 712 MOTION to Intervene filed by Movant U.S. Bank National Association. (jmr)
November 20, 2012 Opinion or Order Filing 711 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Supplemental Proceedings Hearing held on 11/20/2012. Both parties present. Dft Allen Jacobson appears by telephone. Dft placed under oath. Court recesses to give all parties a chance to speak. Attorney for Plaintiff: Cory Talbot for Receiver John Beckstead, Attorney for Defendant: Chris Infanger for Defendant Allen Jacobson. Court Reporter: Electronic.(Time Start: 1:26:32 PM, Time End: 1:36:35 PM, Room 248.) (mas)
November 20, 2012 Opinion or Order Filing 710 MEMORANDUM in Support re #709 MOTION (Motion to Approve Agreement for Deed in Lieu of Foreclosure with JPMorgan Chase Bank, N.A.) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Promissory Note, dated January 3, 2011, #2 Exhibit B - Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement, dated January 3, 2011, recorded 1/6/2011 as Entry No. 174954, #3 Exhibit C - January 5, 2011 Trust Deed recorded 1/6/2011 as Entry 174957, #4 Exhibit D - May 3, 2012 Appraisal, #5 Exhibit E - September 13, 2012 Appraisal, #6 Exhibit F - Settlement Agreement for Deed-in-Lieu of Foreclosure)(Sjoblom, J.)
November 20, 2012 Opinion or Order Filing 709 MOTION (Motion to Approve Agreement for Deed in Lieu of Foreclosure with JPMorgan Chase Bank, N.A.) filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 16, 2012 Opinion or Order Filing 708 REPLY to Response to Motion re #503 MOTION /Second Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses (Receiver's Response to... Hillcrest's Supplemental Objection to Second Application for Interim Compensation of Receiver) filed by Receiver John A. Beckstead. (Talbot, Cory)
November 16, 2012 Opinion or Order Filing 707 STIPULATED MOTION to Dismiss OF PLEA IN INTERVENTION by CRVII Escena Lend, LLC. (Attachments: #1 Text of Proposed Order)(Gross, Jefferson) Modified on 11/16/2012 ; changed event from Stipulation to Stipulated Motion (asp).
November 16, 2012 Opinion or Order Filing 706 REPLY to Response to Motion re #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Intervenor Plaintiff Naples Lending. (Bennett, Wayne)
November 16, 2012 Opinion or Order Filing 705 ORDER granting #695 Motion for Extension of Time to Respond to Brian Blain; First Branch, LLC; Encinito Properties, LTD; and Visionary Management, Inc.'s Complaint in Intervention-HEREBY ORDERS THAT the Receiver shall have until Tuesday, November 27, 2012 to respond to the Blain Intervenors' Complaint. Signed by Judge Bruce S. Jenkins on 11/15/12. (jmr)
November 16, 2012 Opinion or Order Filing 704 Stipulated MOTION to Continue Hearing Regarding Motion to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine)
November 15, 2012 Opinion or Order Filing 703 Stipulated MOTION for Extension of Time For Continuance of Hearing Regarding Motion to Quash Subpoena to Gil Miller and Motion for Protective Order filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine)
November 15, 2012 Opinion or Order Filing 702 NOTICE OF HEARING ON MOTION re: #578 Intervenor Arvest Bank's MOTION for Relief from Receivership Order: Motion Hearing set for 12/19/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 15, 2012 Opinion or Order Filing 701 NOTICE OF HEARING: Status Report and Scheduling Conference (re: KeyBank National Association v. Receiver) set for 12/19/2012 02:10 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 14, 2012 Opinion or Order Filing 700 NOTICE of Appearance by J. Scott Brown on behalf of Central Bank (Brown, J.)
November 14, 2012 Opinion or Order Filing 699 EXHIBITS filed by John A. Beckstead re #675 Exhibits, #662 Exhibits, #676 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #674 Exhibits, #677 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #673 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Part 23, #2 Exhibit A - Part 24)(Byers, Doyle)
November 13, 2012 Opinion or Order Filing 698 AFFIDAVIT/DECLARATION of Robert D. Walton in Support re #696 MOTION to Intervene filed by Intervenor Defendant Central Bank. (Strong, Steven)
November 13, 2012 Opinion or Order Filing 697 MEMORANDUM in Support re #696 MOTION to Intervene filed by Intervenor Defendant Central Bank. (Attachments: #1 Exhibit Complaint in Intervention)(Strong, Steven)
November 13, 2012 Opinion or Order Filing 696 MOTION to Intervene filed by Intervenor Defendant Central Bank. (Strong, Steven)
November 13, 2012 Opinion or Order Filing 695 Stipulated MOTION for Extension of Time To Respond to Brian Blain, First Branch, LLC, Encinito Properties, Ltd, and Visionary Management, Inc.'s Complaint in Intervention filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine)
November 13, 2012 Opinion or Order Filing 694 REPLY to Response to Motion re #565 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Memorandum filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
November 13, 2012 Opinion or Order Filing 693 MEMORANDUM in Support re #692 MOTION (Motion to Terminate Executory Tenancy-In-Common Agreement with Barlow Corporation filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Tenancy-In-Common Agreement)(Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 692 MOTION (Motion to Terminate Executory Tenancy-In-Common Agreement with Barlow Corporation filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 691 AFFIDAVIT/DECLARATION of John A. Beckstead in Support re #689 MOTION to Continue (Motion for Denial or Continuance of Barlow Corp's Motion for Summary Judgment under Rule 56(d) filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 690 MEMORANDUM in Support re #689 MOTION to Continue (Motion for Denial or Continuance of Barlow Corp's Motion for Summary Judgment under Rule 56(d) filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 689 MOTION to Continue (Motion for Denial or Continuance of Barlow Corp's Motion for Summary Judgment under Rule 56(d) filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 688 AFFIDAVIT/DECLARATION of John A. Beckstead in Opposition re #584 MOTION for Summary Judgment filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Promissory Note, #2 Exhibit B- Deed of Trust and Security Agreement)(Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 687 MEMORANDUM in Opposition re #584 MOTION for Summary Judgment filed by Receiver John A. Beckstead. (Sjoblom, J.)
November 13, 2012 Opinion or Order Filing 686 MEMORANDUM in Support re #685 MOTION for Findings Regarding the Existence and Start Date of a Ponzi Scheme and for Approval to Pool Claims and Assets filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - 1-30-12 Jacobson Deposition, #2 Exhibit B - 2-6-12 Jacobson Deposition, #3 Exhibit C - Barrett Deposition, #4 Exhibit D - Accounting)(Byers, Doyle)
November 13, 2012 Opinion or Order Filing 685 MOTION for Findings Regarding the Existence and Start Date of a Ponzi Scheme and for Approval to Pool Claims and Assets filed by Receiver John A. Beckstead. (Byers, Doyle) Modified on 8/22/2013-untermed (jmr).
November 13, 2012 Opinion or Order Filing 684 ANSWER to #593 Intervenor Complaint filed by John A. Beckstead.(asp)
November 13, 2012 Opinion or Order Filing 683 NOTICE OF HEARING: Status Report and Scheduling Conference (re: Naples Lending v. Receiver) set for 12/19/2012 02:05 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 13, 2012 Opinion or Order Filing 682 NOTICE OF HEARING: Status Report and Scheduling Conference (re: Mutual of Omaha Bank v. Receiver) set for 12/19/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 13, 2012 Opinion or Order Filing 681 NOTICE OF HEARING: Status Report and Scheduling Conference (re: Freddie Mac v. Receiver) set for 12/19/2012 01:55 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 13, 2012 Opinion or Order Filing 680 NOTICE OF HEARING: Status Report and Scheduling Conference (re: Fannie Mae v. Receiver) set for 12/19/2012 01:50 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 13, 2012 Opinion or Order Filing 679 NOTICE OF HEARING: Status Report and Scheduling Conference (re: Barlow v. Receiver) set for 12/19/2012 01:45 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 9, 2012 Opinion or Order Filing 742 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 11/9/2012 re (#651) Notice of withdrawal of Motion(s); #616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor filed by John A. Beckstead. Argument & discussion heard. Crt rules: - Grants, withdrawal of motion(s) (#651). Attorney for Plaintiff: see Minute Entry, Attorney for Defendant: see Minute Entry. Court Reporter: Patti Walker.(Time Start: 10:00 AM, Time End: 10:20 AM, Room 420.) (mrw)
November 9, 2012 Opinion or Order Filing 677 EXHIBITS filed by John A. Beckstead re #675 Exhibits, #662 Exhibits, #676 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #674 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #673 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 25)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 676 EXHIBITS filed by John A. Beckstead re #675 Exhibits, #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #674 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #673 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 22)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 675 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #674 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #673 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 21)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 674 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #673 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 20)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 673 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #672 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 19)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 672 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #669 Exhibits, #671 Exhibits, #670 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 8)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 671 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #669 Exhibits, #670 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 7)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 670 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #669 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 6)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 669 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #668 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 5)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 668 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #663 Exhibits, #667 Exhibits, #666 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 4)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 667 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #663 Exhibits, #666 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 3)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 666 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #663 Exhibits, #664 Exhibits, #665 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 2)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 665 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #663 Exhibits, #664 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 18 part 1)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 664 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #663 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 17)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 663 EXHIBITS filed by John A. Beckstead re #662 Exhibits, #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 16)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 662 EXHIBITS filed by John A. Beckstead re #661 Notice (Other),,,. (Attachments: #1 Exhibit A - Deloitte Report Part 15)(Byers, Doyle)
November 9, 2012 Opinion or Order Filing 661 NOTICE of Filing of November 2, 2012 Report to Receiver of Management Solutions, Inc. "Commingling" of Funds by John A. Beckstead (Attachments: #1 Exhibit A - Deloitte Report Part 1, #2 Exhibit A - Deloitte Report Part 2, #3 Exhibit A - Deloitte Report Part 3, #4 Exhibit A - Deloitte Report Part 4, #5 Exhibit A - Deloitte Report Part 5, #6 Exhibit A - Deloitte Report Part 6, #7 Exhibit A - Deloitte Report Part 7, #8 Exhibit A - Deloitte Report Part 8, #9 Exhibit A - Deloitte Report Part 9, #10 Exhibit A - Deloitte Report Part 10, #11 Exhibit A - Deloitte Report Part 11, #12 Exhibit A - Deloitte Report Part 12, #13 Exhibit A - Deloitte Report Part 13, #14 Exhibit A - Deloitte Report Part 14) (Byers, Doyle)
November 9, 2012 Opinion or Order Filing 660 MEMORANDUM in Opposition re #578 MOTION Receivership Order for Relief filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Pryor Creek Appraisal)(Talbot, Cory)
November 9, 2012 Opinion or Order Filing 659 AMENDED NOTICE OF HEARING: to consider Judgment of Permanent Injunction and Other Relief against Defendant Wendell A. Jacobson (re: dkt. no. 655); and to consider Judgment of Permanent Injunction and Other Relief against Defendant Allen R. Jacobson (re: dkt. no. 656). Hearing re-set for 12/7/2012 at 09:30 AM in Room 420. (kms)
November 9, 2012 Opinion or Order Filing 658 NOTICE OF HEARING: to consider Judgment of Permanent Injunction and Other Relief against Defendant Wendell A. Jacobson (re: dkt. no. 655); and to consider Judgment of Permanent Injunction and Other Relief against Defendant Allen R. Jacobson (re: dkt. no. 656). Hearing set for 12/4/2012 at 01:30 PM in Room 420. (kms)
November 9, 2012 Opinion or Order Filing 657 ORDER Granting Bank Midwest, N.A. as successor-in-interest to HillCrest Bank, N.A.'s Motion to Intervene-granting #260 Motion to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Intervenor Defendant Bank Midwest N.A.. Signed by Judge Bruce S. Jenkins on 11/9/12. (jmr)
November 8, 2012 Opinion or Order Filing 656 CONSENT TO ENTRY of of Judgment of Allen R. Jacobson filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
November 8, 2012 Opinion or Order Filing 655 CONSENT TO ENTRY of Judgment of Wendell A. Jacobson filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
November 8, 2012 Opinion or Order Filing 652 NOTICE OF HEARING: Status Conference re: #651 notice of withdrawal of motions, set for 11/9/2012 at 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 7, 2012 Opinion or Order Filing 654 ORDER Granting Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, LLC, Sagefield Duplexes, LLC and Cooper Street Apartments, LLC-granting #621 Motion (Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, Sagefield Duplexes and Cooper Street Apartments filed by Intervenor Defendant John A. Beckstead. The Receiver is authorized and directed to execute, deliver and perform the Agreement. The Receiver is authorized and directed to execute, deliver and perform the Agreement. Signed by Judge Bruce S. Jenkins on 11/7/12. (jmr)
November 7, 2012 Opinion or Order Filing 653 ORDER Granting Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion to Segregate Rents-granting #369 Motion Segregate Rents filed by Intervenor Defendant Bank Midwest N.A. See Order for details. Signed by Judge Bruce S. Jenkins on 11/7/12. (jmr)
November 7, 2012 Opinion or Order Filing 651 NOTICE of Withdrawal of: (1) Motion for Expedited Hearing and to Confirm Private Sale of Receivership Property Known as Escena Park Property; and (2) Motion for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor by John A. Beckstead re #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property , #616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor (Byers, Doyle)
November 6, 2012 Opinion or Order Filing 650 MEMORANDUM in Support re #649 MOTION for Direction to Receiver Re: Liquidation Plan filed by Receiver John A. Beckstead. (Beckstead, John)
November 6, 2012 Opinion or Order Filing 649 MOTION for Direction to Receiver Re: Liquidation Plan filed by Receiver John A. Beckstead. (Beckstead, John)
November 6, 2012 Opinion or Order Filing 648 ANSWER to #587 Intervenor Complaint filed by John A. Beckstead.(Talbot, Cory) Modified on 11/6/2012: added link to #587 and cleaned up text (alt)
November 6, 2012 Opinion or Order Modification of Docket re #624 Answer to Complaint, #648 Answer to Complaint. Error: System error made it impossible to link certain Answers to certain Intervenor Complaints. Correction: The Answers have been linked to the Complaints and entry text has been shortened to "Answer to ## Intervenor Complaint, filed by...". (alt)
November 5, 2012 Opinion or Order Filing 741 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 11/5/2012. re #621 MOTION (Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, Sagefield Duplexes and Cooper Street Apartments filed by John A. Beckstead. Argument & discussion heard. Crt notes no objections. Crt rules: - Grants, (#621) Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, LLC, Sagefield Duplexes LLC, and Cooper Street Apartments, LLC.Mr. Talbot to prepare & submit order.Attorney for Plaintiff see Minute Entry. Court Reporter: Patti Walker.(Time Start: 9:45 AM, Time End: 9:55 AM, Room 420.) (mrw)
November 5, 2012 Opinion or Order Filing 647 MEMORANDUM in Opposition re #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Summary Appraisal Report, #2 Exhibit B - April 20, 2012 Brokers Opinion of Value)(Talbot, Cory)
November 5, 2012 Opinion or Order Filing 646 NOTICE OF HEARING ON MOTION re: #564 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Motion : Motion Hearing set for 12/5/2012 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 2, 2012 Opinion or Order Filing 645 ORDER granting #636 Motion to Continue Hearing. The hearing on Naples Lending LLC's Motion for Relief from Order Appointing Receiver, Freezing Assets and Other Relief currently scheduled for Friday, November 16, 2012 at 1:30 p.m. is no rescheduled to Tuesday, November 27, 2012 at 1:15 p.m. Signed by Judge Bruce S. Jenkins on 11/02/2012. (tls)
November 2, 2012 Opinion or Order Filing 644 ORDER granting #633 Motion for Extension of Time to File Response/Reply re #578 MOTION Receivership Order for Relief Responses due by 11/9/2012. Signed by Judge Bruce S. Jenkins on 11/02/2012. (tls)
November 2, 2012 Opinion or Order Filing 643 ORDER granting #634 Motion for Extension of Time to File Response/Reply re #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief Responses due by 11/5/2012. Signed by Judge Bruce S. Jenkins on 11/02/2012. (tls)
November 2, 2012 Opinion or Order Filing 642 ANSWER to #640 Intervenor Complaint (of Naples Lending, LLC) filed by John A. Beckstead.(Talbot, Cory)
November 2, 2012 Opinion or Order Filing 641 ANSWER to #563 Intervenor Complaint filed by John A. Beckstead.(Sjoblom, J.)
November 1, 2012 Opinion or Order Filing 639 OBJECTIONS to #503 MOTION /Second Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses (Supplemental) filed by Bank Midwest N.A.. (Georgelas, Tammy)
November 1, 2012 Opinion or Order Filing 638 ANSWER to #582 Intervenor Complaint of Barlow Corporation and, COUNTERCLAIM against Barlow filed by John A. Beckstead.(Sjoblom, J.)
November 1, 2012 Opinion or Order Filing 637 STATUS REPORT Receiver's Third Quarterly Status Report as of September 30, 2012 by John A. Beckstead. (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-K)(Beckstead, John)
November 1, 2012 Opinion or Order Filing 636 Stipulated MOTION to Continue hearing on Motion for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Intervenor Plaintiff Naples Lending. (Attachments: #1 Text of Proposed Order Order Continuing Hearing)(Barneck, Matthew)
November 1, 2012 Opinion or Order Filing 635 NOTICE OF HEARING ON MOTION re: #621 Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, LLC, Sagefield Duplexes LLC, and Cooper Street Apartments, LLC : Motion Hearing set for 11/5/2012 09:45 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
November 1, 2012 Opinion or Order Filing 634 Stipulated MOTION for Extension of Time to File Response/Reply as to #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
November 1, 2012 Opinion or Order Filing 633 Stipulated MOTION for Extension of Time (Stipulated Extension of Time to Respond to Arvest Bank's Motion for Relief from Receivership Order) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory) Modified on 11/2/2012 by changing event type to Motion for Extension of Time to File Response/Reply (tls).
October 31, 2012 Opinion or Order Filing 640 Intervenor COMPLAINT filed by Naples Lending. (Electronic document provided on disc. Original file stamped and signed document permanently retained) (Attachments: #1 Exhibit) (jlw)
October 31, 2012 Opinion or Order Filing 632 NOTICE of Change of Address for Winstead PC by Mutual of Omaha Bank (Maudsley, Adelaide)
October 31, 2012 Opinion or Order Filing 630 NOTICE OF CONTINUED HEARING ON MOTION re: #616 The court continued the Receiver's application for authorization to sell the Escena Park Property free and clear of liens with valid liens, if any, to attach to sale proceeds and to consider higher and better bids on such property. The current bid is 6.2 million dollars. Motion Hearing set for 11/9/2012 at 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 31, 2012 Opinion or Order Filing 628 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on August 20, 2012 before Judge BRUCE J. JENKINS. Court Reporter/Transcriber Kellie Peterson, RPR. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 11/21/2012. Redacted Transcript Deadline set for 12/3/2012. Release of Transcript Restriction set for 1/29/2013. (mlp) Modified by removing restricted text on 1/30/2013 (rks).
October 30, 2012 Opinion or Order Filing 678 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/30/2012 re #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property filed by John A. Beckstead. Argument & discussion heard. Crt recesses 2:25 PM, reconvenes 2:40 PM. Hoole exhibit #1 marked & offered to the Crt. Argument & discussion continues. Crt rules: - Denies, dfts motion confirming private sale of Escena Park Property (#596) (filed by Atty. Doyle S. Byers). Crt schedules: - Continues, subsequent offer on (#616) Motion for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor reset 11/9/2012, at 10:00 AM.Mr. Beckstead requests a short extension of 2 - 3 days, to file the Receivers Quarterly Report. Crt grants extension. Attorney for Plaintiff: see Minute Entry, Attorney for Defendant: see Minute Entry. Court Reporter: Laura Robinson.(Time Start: 2:00 PM, Time End: 3:15 PM, Room 420.) (mrw)
October 29, 2012 Opinion or Order Filing 626 MEMORANDUM in Opposition re #564 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Motion, #565 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Memorandum filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marshall, Romaine)
October 29, 2012 Opinion or Order Filing 625 MEMORANDUM in Opposition re #616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor filed by Amicus MSI Investor Group. (Attachments: #1 Exhibit A (FRAM Analysis), #2 Exhibit B (Cyprus Lend Analysis))(Hoole, Gregory)
October 29, 2012 Opinion or Order Filing 624 ANSWER to #556 Intervenor Complaint filed by John A. Beckstead.(Sjoblom, J.) Modified on 11/6/2012: linked this answer to #556 and cleaned up text (alt)
October 29, 2012 Opinion or Order Filing 623 ANSWER to #555 Intervenor Complaint, of Freddie Mac filed by John A. Beckstead.(Sjoblom, J.)
October 29, 2012 Opinion or Order Filing 622 MEMORANDUM in Support re #621 MOTION (Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, Sagefield Duplexes and Cooper Street Apartments filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A-Deed in Lieu, #2 Exhibit B-1 Blue Jay Promissory Note, #3 Exhibit B-2 Blue Jay Mortgage, #4 Exhibit B-3 Blue Jay Assignment of Rents, #5 Exhibit B-4 Cooper Mortgage, #6 Exhibit B-1 Safefield Promissory Note, #7 Exhibit C-2 Sagefield Mortgage, #8 Exhibit C-3 Sagefield Assignment of Rents, #9 Exhibit C-4 Sagefield Guaranty, #10 Exhibit D Sagefield Lots Promissory Note, #11 Exhibit E Blue Jay Appraisal, #12 Exhibit F Cooper Appraisal, #13 Exhibit G Sagefield Duplex Appraisal, #14 Exhibit H Sagefield Lots Appraisal)(Talbot, Cory)
October 29, 2012 Opinion or Order Filing 621 MOTION (Motion to Approve Agreement for Deed in Lieu of Foreclosure for Real Property of Blue Jay Apartments, Sagefield Duplexes and Cooper Street Apartments filed by Intervenor Defendant John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
October 26, 2012 Opinion or Order Filing 620 Supplemental MEMORANDUM in Support re #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Purchase and Sale Agreement, etc., #2 Exhibit B - First Amendment to Purchase, etc.)(Byers, Doyle)
October 26, 2012 Opinion or Order Filing 619 NOTICE of Hearing on Motion for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor by John A. Beckstead re #616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor (Attachments: #1 Exhibit A - Court's Notice) (Byers, Doyle)
October 26, 2012 Opinion or Order Filing 618 NOTICE OF HEARING ON MOTION re: #616 MOTION for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor : Motion Hearing set for 10/30/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 26, 2012 Opinion or Order Filing 617 MEMORANDUM in Support re #616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor filed by Receiver John A. Beckstead. (Byers, Doyle)
October 26, 2012 Opinion or Order Filing 616 MOTION for Expedited Hearing and for Approval to Sell Receivership Property Known as Escena Park Property Free and Clear of Any Claims by Contractor filed by Receiver John A. Beckstead. (Byers, Doyle)
October 26, 2012 Opinion or Order Filing 614 NOTICE OF HEARING ON MOTION re: #507 MOTION to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties : Motion Hearing set for 11/16/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 26, 2012 Opinion or Order NOTICE VACATING HEARING on Motion to Intervene by Naples Lending, LLC set for 11/16/2012, 1:30 p.m. before Judge Jenkins. Please Note: Other motions set to be heard at the same time are still set. (kms)
October 25, 2012 Opinion or Order Filing 615 ORDER granting #559 Motion to Intervene by Naples Lending,LLC. Signed by Judge Bruce S. Jenkins on 10/25/12. (ss)
October 25, 2012 Opinion or Order Filing 613 ORDER granting #436 Motion for Supplemental Proceedings. Supplemental Hearing set for 11/20/2012 01:30 PM in Room 150 (Clerks Office) before Magistrate Judge Paul M. Warner. Signed by Magistrate Judge Paul M. Warner on 10/25/2012. (asp)
October 25, 2012 Opinion or Order Filing 612 NOTICE of Publication by John A. Beckstead re #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property (Attachments: #1 Exhibit A - Affidavit of Publication) (Byers, Doyle)
October 24, 2012 Opinion or Order Filing 611 Intervenor COMPLAINT against Management Solutions, Wendell A. Jacobson, Allen R. Jacobson (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Nevada State Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 Pages 1-65, #5 Exhibit 3 Pages 66-131, #6 Exhibit 3 Pages 132-199) (asp)
October 24, 2012 Opinion or Order Filing 610 REPLY to Response to Motion re #507 MOTION to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties filed by Amicus MSI Investor Group. (Hoole, Gregory)
October 24, 2012 Opinion or Order Filing 609 NOTICE OF HEARING ON MOTIONS re: #559 MOTION to Intervene by Naples Lending, LLC, and #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief (filed by Naples Lending, LLC): Motion Hearing set for 11/16/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 24, 2012 Opinion or Order Filing 608 NOTICE OF HEARING ON MOTION re: #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property : Motion Hearing set for 10/30/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 24, 2012 Opinion or Order Filing 607 RESPONSE to Motion re #559 MOTION to Intervene (Notice of No Opposition to Motion to Intervene by Naples Lending, LLC) filed by Intervenor Defendant John A. Beckstead. (Talbot, Cory)
October 23, 2012 Opinion or Order Filing 631 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/23/2012 re #574 MOTION to Further Amend Order Appointing Receiver, Freezing Assets and Further Relief re #4 Order filed by John A. Beckstead, #561 Stipulated MOTION to Continue Discovery and Pretrial Deadlines filed by Securities and Exchange Commission. Argument & discussion heard. Crt rules: - Grants, (#574) Motion to Further Amend Order Appointing Receiver, Freezing Assets and Further Relief.to consider. Mr. Talbot to prepare & submit amended order.Argument & discussion heard on (#561) Stipulated Motion to Continue Discovery & Pretrial Deadlines.Crt schedules:- Further, status conference re: awaiting reponse of SEC as to settlement, set 12/14/2012, at 1:30 PM. Attorney for Plaintiff: see Minute Entry, Attorney for Defendant: see Minute Entry. Court Reporter: Becky Janke.(Time Start: 1:30 PM, Time End: 2:00 PM, Room 420.) (mrw)
October 23, 2012 Opinion or Order Filing 606 ORDER granting #580 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 10/23/2012. (asp)
October 23, 2012 Opinion or Order Filing 605 Intervenor COMPLAINT against Gateway Properties, John A. Beckstead, filed by Visionary Management, Brian Blain, Encinito Properties, First Branch. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (asp)
October 22, 2012 Opinion or Order Filing 627 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/22/2012. Motion Hearing re: 1. To further consider Receivers Second Quarterly Status Report and Supplements thereto. 2. To consider the Application for Interim Compensation and Expenses of the following, filed September 17, 2012: Receiver: $118,725.00; Holland & Hart: $587,034.65; Deloitte: $514,889.63; and WSRP: $74,249.80. (Ntc Dkt #515)Argument & discussion heard. Two accountants sworn and testify. Crt rules: - Reserves (takes under advisement), matters in question until 11/2/2012, with parties to file objections within 10 days from today. The exception being Weisen, & Smith, Raker & Prescot, who the Receivor may pay. (with witness list attached)Attorney for Plaintiff: see Minute Entry, Attorney for Defendant: see Minute Entry. Court Reporter: Becky Janke.(Time Start: 3:00 PM, Time End: 4:30 PM, Room 420.) (mrw)
October 22, 2012 Opinion or Order Filing 604 NOTICE OF FILING of Second Redacted Invoices of Receiver. Document has not been imaged. Document will be permanently retained. Document will be placed on the shelf. Filed by Receiver John A. Beckstead re #356 Order on Motion for Miscellaneous Relief. (asp)
October 22, 2012 Opinion or Order Filing 603 ORDER granting #594 Motion to Approve Publication of Notice of Hearing on Confirmation of Private Sale of Escena Park Property. Signed by Judge Bruce S. Jenkins on 10/22/2012, Nunc Pro Tunc as of 10/18/2012. (asp)
October 22, 2012 Opinion or Order Filing 602 ORDER granting #481 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 10/22/2012. (asp)
October 19, 2012 Opinion or Order Filing 601 Intervenor COMPLAINT, filed by Department of Housing and Urban Development. (jmr)
October 19, 2012 Opinion or Order Filing 600 RESPONSE to Motion re #580 MOTION to Intervene by Nevada State Bank filed by Receiver John A. Beckstead. (Byers, Doyle)
October 19, 2012 Opinion or Order Filing 598 CLERK'S NOTICE OF POSSIBLE ERROR re #593 Complaint. Description of possible error: Intervenor Complaint was filed as a Complaint. The entry has been adjusted the docket clerk will refile the Intervenor Complaint correctly. The docket clerk reminds the parties in this case that Intervenor Complaints must be filed in paper and submitted to the Clerk's Office, they can not be efiled. Thank you for your compliance with this issue. (jmr)
October 19, 2012 Opinion or Order NOTICE VACATING HEARING on Motion to Intervene by Brian Blain, Encinito Properties, First Branch, Visionary Management (Docket No. 481) set for 10/22/2012 at 3:00 before Judge Jenking (kms)
October 18, 2012 Opinion or Order Filing 597 MEMORANDUM in Support re #596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Legal Description, #2 Exhibit B - Purchase and Sale Agreement, etc.)(Byers, Doyle)
October 18, 2012 Opinion or Order Filing 596 MOTION for Expedited Hearing and to Confirm a Private Sale of Receivership Property Known as Escena Park Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Proposed Order)(Byers, Doyle)
October 18, 2012 Opinion or Order Filing 595 MEMORANDUM in Support re #594 MOTION to Approve Publication of Notice of Hearing on Confirmation of Private Sale of Escena Park Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Publication Notice, #2 Exhibit B - Proposed Order)(Byers, Doyle)
October 18, 2012 Opinion or Order Filing 594 MOTION to Approve Publication of Notice of Hearing on Confirmation of Private Sale of Escena Park Property filed by Receiver John A. Beckstead. (Byers, Doyle)
October 17, 2012 Opinion or Order Filing 599 Intervenor COMPLAINT, filed by Key Bank. (jmr)
October 17, 2012 Opinion or Order Filing 593 COMPLAINT in Intervention against All Defendants (Filing fee $ 350, receipt number 1088-1697648), filed by Key Bank. Assigned to Judge Bruce S. Jenkins (Cannon, Kenneth)
October 17, 2012 Opinion or Order Filing 592 NOTICE of NO OPPOSITION TO BRIAN BLAIN, VISIONARY MANAGEMENT, INC., FIRST BRANCH, LLC, AND ENCINITO PROPERTIES, LTDS MOTION TO INTERVENE by John A. Beckstead re #481 MOTION to Intervene (Marshall, Romaine)
October 17, 2012 Opinion or Order Filing 590 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION TO SEGREGATE RENTS held on SEPTEMBER 14, 2012 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Ray Fenlon, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 11/7/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/15/2013. (mlp) Modified on 1/28/2013 by removing restricted text(mlp).
October 17, 2012 Opinion or Order Filing 589 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING held on SEPTEMBER 7, 2012 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Ray Fenlon, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 11/7/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/15/2013. (mlp) Modified on 1/28/2013 by removing restricted text(mlp).
October 17, 2012 Opinion or Order Filing 588 OBJECTIONS to #503 MOTION /Second Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses filed by Arvest Bank. (Hoffman, Jeremy)
October 17, 2012 Opinion or Order Filing 586 NOTICE of Stipulated Continuance (October 23, 2012 Hearing) by Wendell A. Jacobson re 572 Notice of Hearing on Motion (Quesenberry, Stephen)
October 16, 2012 Opinion or Order Filing 587 Intervenor COMPLAINT, filed by Arvest Bank. (jmr)
October 16, 2012 Opinion or Order Filing 585 ORDER granting Department of Housing and Urban Development's #539 Motion to Intervene. HUD may file its Complaint in Intervention with the Court. Signed by Judge Bruce S. Jenkins on 10/16/12. (jmr)
October 16, 2012 Opinion or Order Filing 584 MOTION for Summary Judgment filed by Intervenor Plaintiff Barlow. (asp)
October 16, 2012 Opinion or Order Filing 583 NOTICE OF HEARING ON MOTION re: #574 MOTION to Further Amend Order Appointing Receiver, Freezing Assets and Further Relief re #4 Order : Motion Hearing set for 10/23/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 16, 2012 Opinion or Order Filing 582 Intervenor COMPLAINT against John A. Beckstead and Stone Brook Idaho, filed by Barlow. (asp)
October 16, 2012 Opinion or Order Filing 581 MEMORANDUM in Support re #580 MOTION to Intervene filed by Movant Nevada State Bank. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Evans, Matthew)
October 16, 2012 Opinion or Order Filing 580 MOTION to Intervene filed by Movant Nevada State Bank. (Evans, Matthew)
October 16, 2012 Opinion or Order Filing 579 Error- MEMORANDUM in Support re #578 MOTION Receivership Order for Relief filed by Intervenor Arvest Bank. (Hoffman, Jeremy) Modified on 11/30/2012-incorrect image attached attorney will re-file (jmr).
October 16, 2012 Opinion or Order Filing 578 MOTION Receivership Order for Relief filed by Intervenor Arvest Bank. (Hoffman, Jeremy)
October 16, 2012 Opinion or Order Filing 577 COMPLAINT IN INTERVENTION against Allen R. Jacobson, Wendell A. Jacobson, Management Solutions No Filing Fee, filed by Arvest Bank. Assigned to Judge Bruce S. Jenkins (Hoffman, Jeremy)
October 15, 2012 Opinion or Order Filing 576 NOTICE of of No Opposition to Department of Housing and Urban Development's Motion for Leave to Intervene by John A. Beckstead re #539 MOTION to Intervene (for Leave) (Sjoblom, J.)
October 15, 2012 Opinion or Order Filing 575 MEMORANDUM in Support re #574 MOTION to Further Amend Order Appointing Receiver, Freezing Assets and Further Relief re #4 Order filed by Receiver John A. Beckstead. (Byers, Doyle)
October 15, 2012 Opinion or Order Filing 574 MOTION to Further Amend Order Appointing Receiver, Freezing Assets and Further Relief re #4 Order filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Byers, Doyle)
October 15, 2012 Opinion or Order Filing 573 ORDER granting Keybank's #518 Motion to Intervene. KeyBank may file its complaint in intervention. Signed by Judge Bruce S. Jenkins on 10/15/12. (jmr)
October 12, 2012 Opinion or Order Filing 572 NOTICE OF HEARING ON MOTION re: TO CONSIDER #561 Stipulated MOTION to Continue Discovery and Pretrial Deadlines : Motion Hearing set for 10/23/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 12, 2012 Opinion or Order Filing 571 OBJECTIONS to #503 MOTION /Second Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses (Limited Objection) filed by Bank Midwest N.A.. (Georgelas, Tammy)
October 12, 2012 Opinion or Order Filing 570 ORDER terminating #522 Motion to Intervene; granting #530 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 10/12/2012. (asp)
October 12, 2012 Opinion or Order Filing 569 NOTICE of of No Opposition to Keybank National Association's Motion to Intervene by John A. Beckstead re #518 MOTION to Intervene (Sjoblom, J.)
October 11, 2012 Opinion or Order Filing 566 RESPONSE to Motion re #530 MOTION to Intervene Correction to #522 filed by Receiver John A. Beckstead. (Byers, Doyle)
October 10, 2012 Opinion or Order Filing 565 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Memorandum filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
October 10, 2012 Opinion or Order Filing 564 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Corrected Motion filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
October 9, 2012 Opinion or Order Filing 568 MEMORANDUM in Support re #567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Movant Naples Lending. (Attachments: #1 Exhibit Exhibits 5-9, #2 Exhibit Exhibits 10-21)(jmr)
October 9, 2012 Opinion or Order Filing 567 MOTION for Relief from Order Appointing Receiver, Freezing Assets and Other Relief filed by Movant Naples Lending. (jmr)
October 9, 2012 Opinion or Order Filing 563 Intervenor COMPLAINT against (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Mutual of Omaha Bank. (jmr)
October 9, 2012 Opinion or Order Filing 562 MEMORANDUM in Opposition re #507 MOTION to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A)(Marshall, Romaine)
October 9, 2012 Opinion or Order Filing 561 Stipulated MOTION to Continue Discovery and Pretrial Deadlines filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Wadley, Daniel)
October 8, 2012 Opinion or Order Filing 558 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order Memorandum in Support of filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
October 8, 2012 Opinion or Order Filing 557 MOTION to Quash Subpoena to Gill Miller and Motion for Protective Order filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
October 5, 2012 Opinion or Order Filing 560 MEMORANDUM in Support re #559 MOTION to Intervene filed by Movant Naples Lending. (jmr)
October 5, 2012 Opinion or Order Filing 559 MOTION to Intervene filed by Movant Naples Lending. (jmr)
October 5, 2012 Opinion or Order Filing 556 Intervenor COMPLAINT, filed by Fannie Mae. (jmr)
October 5, 2012 Opinion or Order Filing 555 Intervenor COMPLAINT against (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Freddie Mac. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (jmr)
October 4, 2012 Opinion or Order Filing 554 ORDER granting Freddie Mac's #511 Motion for Leave to Intervene. It is hereby Ordered that Freddie Mac may file its Complaint in Intervention with the Court. Signed by Judge Bruce S. Jenkins on 10/4/12. (jmr) Modified on 10/5/2012 to fix typo(jmr).
October 4, 2012 Opinion or Order Filing 553 NOTICE of Subpoena by John A. Beckstead (Attachments: #1 Exhibit A) (Marshall, Romaine)
October 4, 2012 Opinion or Order Filing 552 REQUEST to Submit for Decision re #437 Memorandum in Support of Motion, #436 MOTION for Supplemental Proceedings filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine)
October 3, 2012 Opinion or Order Filing 551 REQUEST to Submit for Decision re #511 MOTION to Intervene filed by Movant Freddie Mac. (Attachments: #1 Text of Proposed Order)(Moncur, Matthew)
October 3, 2012 Opinion or Order Filing 550 MEMORANDUM in Support re #549 MOTION Release Certain Real Property From Order Freezing Assets re #6 MOTION for Temporary Restraining Order MOTION Freezing Assets MOTION to Appoint Receiver filed by Movant Nevada State Bank. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3 (1 of 4), #4 Exhibit Exhibit 3 (2 of 4), #5 Exhibit Exhibit 3 (3 of 4), #6 Exhibit Exhibit 3 (4 of 4))(Evans, Matthew) Modified on 10/3/2012-Memorandum is now linked to Motion #549 not Motion #6 . (jmr).
October 3, 2012 Opinion or Order Filing 549 MOTION Release Certain Real Property From Order Freezing Assets filed by Movant Nevada State Bank. (Evans, Matthew) Modified on 1/7/2013-motion reopened. (jmr).
October 3, 2012 Opinion or Order Filing 548 NOTICE of Appearance by Matthew N. Evans on behalf of Nevada State Bank (Evans, Matthew)
October 3, 2012 Opinion or Order Filing 547 NOTICE OF HEARING ON MOTION re: #481 MOTION to Intervene : Motion Hearing set for 10/22/2012 03:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
October 1, 2012 Opinion or Order Filing 542 ORDER granting Barlow Corporation's #414 Motion to Intervene-IT IS HEREBY ORDERED that Barlow's motion to itervene (Dkt. # 414) is granted, the Court having determmed that intervention is proper as a matter of right under Rule 24, Fed. R. Civ. P.. Signed by Judge Bruce S. Jenkins on 10/1/12. (jmr)
September 28, 2012 Opinion or Order Filing 541 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #540 Memorandum in Support of Motion, #539 MOTION to Intervene (for Leave) (Nelson, Jeffrey)
September 28, 2012 Opinion or Order Filing 540 MEMORANDUM in Support re #539 MOTION to Intervene (for Leave) filed by Plaintiff Securities and Exchange Commission. (Nelson, Jeffrey)
September 28, 2012 Opinion or Order Filing 539 MOTION to Intervene (for Leave) filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A - Department of Housing and Urban Development's Complaint in Intervention, #2 Exhibit A - G to Exhibit A Department of Housing and Urban Development's Complaint in Intervention, #3 Text of Proposed Order)(Nelson, Jeffrey)
September 28, 2012 Opinion or Order Filing 538 NOTICE of Intent to Serve Subpoena on Ray, Quinney and Nebeker by Wendell A. Jacobson (Quesenberry, Stephen)
September 28, 2012 Opinion or Order Filing 537 ORDER granting #526 Motion for Admission Pro Hac Vice of Robert S. Glass,Phillip D. Hixon,Robert P. Skeith,R. Charles Wilkin for Arvest Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #527 Motion for Admission Pro Hac Vice of Robert S. Glass,Phillip D. Hixon,Robert P. Skeith,R. Charles Wilkin for Arvest Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #528 Motion for Admission Pro Hac Vice of Robert S. Glass,Phillip D. Hixon,Robert P. Skeith,R. Charles Wilkin for Arvest Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #529 Motion for Admission Pro Hac Vice of Robert S. Glass,Phillip D. Hixon,Robert P. Skeith,R. Charles Wilkin for Arvest Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/28/12. (Attachments: #1 Hixon pro hac, #2 Skeith pro hac, #3 Wilkin pro hac) (jlw)
September 28, 2012 Opinion or Order Filing 532 REQUEST to Submit for Decision re #481 MOTION to Intervene , #482 Memorandum in Support of Motion filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Bogart, John)
September 28, 2012 Opinion or Order Filing 531 NOTICE of Service by Arvest Bank Certificate of Service (Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 530 MOTION to Intervene Correction to #522 filed by Movant Arvest Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 529 MOTION for Admission Pro Hac Vice of R. Charles Wilkin III , Registration fee $ 15, receipt number 1088-1684447, filed by Movant Arvest Bank. (Attachments: #1 Exhibit Application, #2 Exhibit Registration, #3 Exhibit proposed order)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 528 MOTION for Admission Pro Hac Vice of Robert P. Skeith , Registration fee $ 15, receipt number 1088-1684435, filed by Movant Arvest Bank. (Attachments: #1 Exhibit Application, #2 Exhibit Registration, #3 Exhibit proposed order)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 527 MOTION for Admission Pro Hac Vice of Robert S. Glass , Registration fee $ 15, receipt number 1088-1684394, filed by Movant Arvest Bank. (Attachments: #1 Exhibit Application, #2 Exhibit Registration, #3 Exhibit proposed order)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 526 MOTION for Admission Pro Hac Vice of Phillip D. Hixon , Registration fee $ 15, receipt number 1088-1684374, filed by Movant Arvest Bank. (Attachments: #1 Exhibit Application, #2 Exhibit Registration, #3 Exhibit Proposed Order)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 525 AFFIDAVIT of Cary G. Utz re #522 MOTION to Intervene filed by Arvest Bank. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Mortgage, #3 Exhibit Note #2, #4 Exhibit Mortgage #2, #5 Exhibit Assignment of Rents, #6 Exhibit Articles of Merger, #7 Exhibit Loan Agreement, #8 Exhibit Note #3, #9 Exhibit Mortgage #3, #10 Exhibit Debt Modification Agreement, #11 Exhibit Mortgage Modification, #12 Exhibit Assumption Agreement, #13 Exhibit Guaranty, #14 Exhibit Extending Maturity on Notes, #15 Exhibit Memorandum, #16 Exhibit Forbearance Agreement)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 524 AFFIDAVIT of Owen S Ard re #522 MOTION to Intervene filed by Arvest Bank. (Attachments: #1 Exhibit Appraiser qualifications, #2 Exhibit Appraisal)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 523 MEMORANDUM in Support re #522 MOTION to Intervene filed by Movant Arvest Bank. (Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 522 MOTION to Intervene filed by Movant Arvest Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Hoffman, Jeremy)
September 28, 2012 Opinion or Order Filing 521 NOTICE of Appearance by Jeremy M. Hoffman on behalf of Arvest Bank (Hoffman, Jeremy)
September 27, 2012 Opinion or Order Filing 536 ORDER granting #459 Motion for a Private Sale of REceivership Property Located in Logan, Utah. Signed by Judge Bruce S. Jenkins on 09/27/2012. (tls)
September 27, 2012 Opinion or Order Filing 535 ORDER granting #445 Motion to Confirm a Private Sale of Property of 80th South Partners, LLC. Signed by Judge Bruce S. Jenkins on 09/27/2012. (tls)
September 27, 2012 Opinion or Order Filing 534 ORDER denying #262 Bank Midwest, N.A.'s Motion for Relief from Receivership Order. Signed by Judge Bruce S. Jenkins on 09/27/2012. (tls)
September 27, 2012 Opinion or Order Filing 533 ORDER granting #426 Fannie Mae's Motion to Intervene. Signed by Judge Bruce S. Jenkins on 09/27/2012. (tls) Modified on 9/28/2012 by changing docket text and docket links to correct which motion was ruled on by this order (tls).
September 27, 2012 Opinion or Order Filing 520 AFFIDAVIT/DECLARATION of H. Daniel Willetts in Support re #518 MOTION to Intervene filed by Movant Key Bank. (Attachments: #1 Exhibit A - E, #2 Exhibit F - M)(Cannon, Kenneth)
September 27, 2012 Opinion or Order Filing 519 MEMORANDUM in Support re #518 MOTION to Intervene filed by Movant Key Bank. (Attachments: #1 Exhibit A - E, #2 Exhibit F - M)(Cannon, Kenneth)
September 27, 2012 Opinion or Order Filing 518 MOTION to Intervene filed by Movant Key Bank. (Cannon, Kenneth)
September 27, 2012 Opinion or Order Filing 517 NOTICE of Appearance by Steven J. McCardell on behalf of Key Bank (McCardell, Steven)
September 27, 2012 Opinion or Order Filing 516 NOTICE of Appearance by Kenneth L. Cannon, II on behalf of Key Bank (Cannon, Kenneth)
September 27, 2012 Opinion or Order Filing 515 NOTICE OF HEARING: regarding the following: 1. To further consider Receivers Second Quarterly Status Report and Supplements thereto. 2. To consider the Application for Interim Compensation and Expenses of the following, filed September 17, 2012: Receiver: $118,725.00; Holland & Hart: $587,034.65; Deloitte: $514,889.63; and WSRP: $74,249.80. Hearing set for 10/22/2012, at 03:00 PM in Room 420. (kms)
September 26, 2012 Opinion or Order Filing 514 RESPONSE to Motion re #511 MOTION to Intervene (Notice of No Opposition) filed by Receiver John A. Beckstead. (Sjoblom, J.)
September 24, 2012 Opinion or Order Filing 546 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 9/24/2012 re: (#414) Movant Barlow Corporations Motion to Intervene [1:30 PM]; Motion Hearing re: (#426) Fannie Maes Motion to Intervene [1:30 PM].Argument & discussion heard. No objections. Crt rules: - Grants, (#414) Movant Barlow Corporations Motion to Intervene.- Grants, (#426) Fannie Maes Motion to Intervene.Mr. Durbano & Mr. Fields to prepare & submit proposed orders within 10 days. re #414 MOTION to Intervene filed by Barlow, #426 MOTION to Intervene filed by Fannie Mae. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ed Young.(Time Start: 1:30 PM, Time End: 1:45 PM, Room 420.) (mrw)
September 24, 2012 Opinion or Order Filing 545 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 9/24/2012 re: Receivers Motion (#459) to confirm private sale of receivership property located in Logan, Utah (filed by Doyle Byers) [10:00 AM]; Motion Hearing re: Receivers Motion (#445) for order of sale (Motion to Confirm Private Sale of Property of 80th South Partners, LLC) (filed by Cory Talbot)[10:15 AM].Argument & discussion heard. No objections. Crt rules: - Grants, Receivers Motion (#459) to confirm private sale of receivership property located in Logan, Utah (filed by Doyle Byers).- Grants, Receivers Motion (#445) for order of sale (Motion to Confirm Private Sale of Property of 80th South Partners, LLC) (filed by Cory Talbot).Mr. Byers & Mr. Talbot to prepare & submit proposed orders within 24 hrs. re #459 MOTION for Order of Sale (Motion to Confirm a Private Sale of Receivership Property Located in Logan, UT) filed by John A. Beckstead, #445 MOTION for Order of Sale (Motion to Confirm Private Sale of 80th South Partners) filed by John A. Beckstead. Attorney for Plaintiff See Minute Entry. Court Reporter: Ed Young.(Time Start: 10:05 AM, Time End: 10:30 AM, Room 420.) (mrw)
September 24, 2012 Opinion or Order Filing 513 ORDER granting #446 Motion to Intervene by Mutual of Omaha Bank. See Order for details. Signed by Judge Bruce S. Jenkins on 9/24/12. (jmr)
September 20, 2012 Opinion or Order Filing 512 MEMORANDUM in Support re #511 MOTION to Intervene filed by Movant Freddie Mac. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Moncur, Matthew)
September 20, 2012 Opinion or Order Filing 511 MOTION to Intervene filed by Movant Freddie Mac. (Attachments: #1 Exhibit 1-Freddie Mac's Complaint in Intervention)(Moncur, Matthew)
September 20, 2012 Opinion or Order Filing 510 NOTICE of Appearance by Matthew L. Moncur on behalf of Freddie Mac (Moncur, Matthew)
September 20, 2012 Opinion or Order Filing 509 NOTICE of Appearance by Jason D. Boren on behalf of Freddie Mac (Boren, Jason)
September 20, 2012 Opinion or Order Filing 508 MEMORANDUM in Support re #507 MOTION to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties filed by Amicus MSI Investor Group. (Hoole, Gregory)
September 20, 2012 Opinion or Order Filing 507 MOTION to Compel Disclosure of Critical Documents Related to Sale of Receivership Properties filed by Amicus MSI Investor Group. (Hoole, Gregory)
September 20, 2012 Opinion or Order Filing 506 SERVICE by Publication filed by John A. Beckstead. Last publication date 09/13/2012. (Attachments: #1 Exhibit A-Notice of Hearing for Confirmation of Private Sale of Real Property by Receiver (80 South 2nd West, Rexburg ID))(Talbot, Cory)
September 18, 2012 Opinion or Order Filing 505 NOTICE of Publication by John A. Beckstead re #459 MOTION for Order of Sale (Motion to Confirm a Private Sale of Receivership Property Located in Logan, UT) (Byers, Doyle)
September 18, 2012 Opinion or Order Filing 504 RESPONSE to Motion re #446 MOTION to Intervene (Notice Of No Opposition To Mutual Of Omahas Motion To Intervene) filed by Receiver John A. Beckstead. (Sjoblom, J.)
September 17, 2012 Opinion or Order Filing 503 MOTION /Second Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Broadbent Declaration, #3 Exhibit C - Fujimoto Declaration, #4 Exhibit D - Smith Declaration)(Byers, Doyle)
September 14, 2012 Opinion or Order Filing 544 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 9/14/2012 re: to segregate rents (#369) by Intervenor, Bank Midwest(filed by Kim Wilson)Argument & discussion heard. Crt rules: - Grants, motion to segregate rents (#369) by Intervenor, Bank Midwest & provide report every two months. Mr. Stricklin to prepare & submit proposed order. re #369 MOTION Segregate Rents filed by Bank Midwest N.A.. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 2:30 PM, Time End: 3:30 PM, Room 420.) (mrw)
September 13, 2012 Opinion or Order Filing 502 REPLY to Response to Motion re #414 MOTION to Intervene filed by Movant Barlow. (jmr)
September 11, 2012 Opinion or Order Filing 501 ORDER Approving Publication of Notice of Hearing on Confirmation of Private Sale of Property of 80th South Partners, LLC-re #445 MOTION for Order of Sale (Motion to Confirm Private Sale of 80th South Partners) filed by John A. Beckstead. Signed by Judge Bruce S. Jenkins on 9/11/12. (jmr)
September 7, 2012 Opinion or Order Filing 543 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 9/7/2012 re: to consider Receivers 2nd Quarterly Status Report (#409) & Motion to segregate rents (#369.Argument & discussion heard. Mr. Beckstead to prepare & submit Supplemental Report containing tasks completed by Receiver(s) and participating parties filed with the Crt, within 30 days. Crt recesses 10:45 AM, reconvenes 11:05 AM. Argument & discussion continues. Crt recesses 11:15 AM, reconvenes 11:50 AM. Cnsl request one-week continuance. Crt schedules:- Continues, motion to segregate rents (#369) reset 9/14/2012, at 2:30 AM. re #369 MOTION Segregate Rents filed by Bank Midwest N.A.. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 9:30 AM, Time End: 11:55 AM, Room 420.) (mrw)
September 7, 2012 Opinion or Order Filing 498 ORDER granting #433 Motion Approving Publication of Notice of Hearing on Confirmation of Private Sale of Logan Property filed by Receiver John A. Beckstead. See Order for details. Signed by Judge Bruce S. Jenkins on 9/7/12. (jmr)
September 7, 2012 Opinion or Order Filing 497 Supplemental MEMORANDUM in Support re #459 MOTION for Order of Sale (Motion to Confirm a Private Sale of Receivership Property Located in Logan, UT) filed by Receiver John A. Beckstead. (Byers, Doyle)
September 7, 2012 Opinion or Order Filing 496 NOTICE OF HEARING ON MOTION re: #459 MOTION to Confirm a Private Sale of Receivership Property Located in Logan, UT: Motion Hearing set for 9/24/2012 at 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
September 7, 2012 Opinion or Order Filing 495 ORDER granting #490 Motion to Disclaim and Abandon Real Property Interests in Park City Condominium filed by Receiver John A. Beckstead. See Order for details. Signed by Judge Bruce S. Jenkins on 9/7/12. (jmr)
September 7, 2012 Opinion or Order Filing 494 STATUS REPORT /Supplemental Liquidation Plan of Receiver by John A. Beckstead. (Attachments: #1 Exhibit A - Sale Properties)(Byers, Doyle)
September 7, 2012 Opinion or Order Filing 493 NOTICE OF HEARING ON MOTION re: #426 Fannie Mae's MOTION to Intervene : Motion Hearing set for 9/24/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
September 7, 2012 Opinion or Order Filing 492 ORDER granting #483 Motion for Admission Pro Hac Vice of Edwin J. Tomko for Brian Blain,Edwin J. Tomko for Encinito Properties,Edwin J. Tomko for First Branch,Edwin J. Tomko for Visionary Management. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/6/12. (jmr)
September 6, 2012 Opinion or Order Filing 491 MEMORANDUM in Support re #490 MOTION to Disclaim and Abandon Real Property Interests in Park City Condominium filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Special Warranty Deed, #2 Exhibit B - Promissory Note, #3 Exhibit C - Deed of Trust, #4 Exhibit D - Appraisal, #5 Exhibit E - Loan Payoff Statement)(Byers, Doyle)
September 6, 2012 Opinion or Order Filing 490 MOTION to Disclaim and Abandon Real Property Interests in Park City Condominium filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Proposed Order)(Byers, Doyle)
September 6, 2012 Opinion or Order Filing 489 ORDER granting #484 Motion for Admission Pro Hac Vice of Jason R. Ross for Brian Blain,Jason R. Ross for Encinito Properties,Jason R. Ross for First Branch,Jason R. Ross for Visionary Management. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/6/12. (jmr)
September 6, 2012 Opinion or Order Filing 488 ORDER granting #458 Motion for Admission Pro Hac Vice of James Richard White for Mutual of Omaha Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/6/12. (jmr)
September 6, 2012 Opinion or Order Filing 487 ORDER granting #457 Motion for Admission Pro Hac Vice of Deanna E. Caldwell for Mutual of Omaha Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/6/12. (jmr)
September 6, 2012 Opinion or Order Filing 486 ORDER granting #456 Motion for Admission Pro Hac Vice of John Kincade for Mutual of Omaha Bank. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/6/12. (jmr)
September 6, 2012 Opinion or Order Filing 485 MOTION for Admission Pro Hac Vice of Edwin J. Tomko , Registration fee $ 15, receipt number 257STA3J, filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Attachments: #1 Text of Proposed Order Proposed Order Admitting Edwin Tomko Pro Hac Vice)(Bogart, John)
September 5, 2012 Opinion or Order Filing 484 MOTION for Admission Pro Hac Vice of Jason M. Ross , Registration fee $ 15, receipt number 1088-1668745, filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Attachments: #1 Exhibit Exhibit A to Ross Application Pro Hac Vice, #2 Exhibit Exhibit B to Ross Application Pro Hac Vice, #3 Text of Proposed Order Admission Pro Hac Vice)(Bogart, John)
September 5, 2012 Opinion or Order Filing 483 MOTION for Admission Pro Hac Vice of Edwin J. Tomko , Registration fee $ 15, receipt number 1088-1668733, filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Attachments: #1 Exhibit A to Tomko Application for Admission Pro Hac Vice, #2 Exhibit Exhibit B to Tomko Application for Admission Pro Hac Vice, #3 Text of Proposed Order)(Bogart, John)
September 5, 2012 Opinion or Order Filing 482 MEMORANDUM in Support re #481 MOTION to Intervene filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Bogart, John)
September 5, 2012 Opinion or Order Filing 481 MOTION to Intervene filed by Movants Brian Blain, Encinito Properties, First Branch, Visionary Management. (Attachments: #1 Exhibit Exhibit 1 (Complaint in Intervention, #2 Exhibit Exhibit A to Exhibit 1 (Complaint in Intervention, #3 Exhibit Exhibit B to Exhibit 1 (Complaint in Intervention), #4 Exhibit Exhibit C to Exhibit 1 (Complaint in Intervention), #5 Exhibit Exhibit D to Exhibit 1 (Complaint in Intervention), #6 Exhibit Exhibit E to Exhibit 1 (Complainti in Intervention), #7 Exhibit Exhibit F to Exhibit 1 (Complaint in Intervention), #8 Exhibit Exhibit G to Exhibit 1 (Complaint in Intervention), #9 Exhibit Exhibit H to Exhibit 1 (Complaint in Intervention), #10 Exhibit Exhibit I to Exhibit 1 (Complaint in Intervention), #11 Exhibit Exhibit J to Exhibit 1 (Complaint in Intervention), #12 Exhibit Exhibit K to Exhibit 1 (Complaint in Intervention), #13 Exhibit Exhibit L to Exhibit 1 (Complaint in Intervention), #14 Exhibit Exhibit M to Exhibit 1 (Complaint in Intervention), #15 Exhibit Exhibit N to Exhibit 1 (Complaint in Intervention), #16 Exhibit Exhibit O to Exhibit 1 (Complaint in Intervention), #17 Exhibit Exhibit P to Exhibit 1 (Complaint in Intervention), #18 Exhibit Exhibit Q to Exhibit 1 (Complaint in Intervention), #19 Exhibit Exhibit R to Exhibit 1 (Complaint in Intervention), #20 Exhibit Exhibit S to Exhibit 1 (Complaint in Intervention), #21 Exhibit Exhibit T to Exhibit 1 (Complaint in Intervention), #22 Exhibit Exhibit U to Exhibit 1 (Complaint in Intervention), #23 Exhibit Exhibit V to Exhibit 1 (Complaint in Intervention), #24 Exhibit Exhibit W to Exhibit 1 (Complaint in Intervention), #25 Exhibit Exhibit X to Exhibit 1 (Complaint in Intervention), #26 Exhibit Exhibit Y to Exhibit 1 (Complaint in Intervention), #27 Exhibit Exhibit Z to Exhibit 1 (Complaint in Intervention), #28 Text of Proposed Order Proposed Order re Motion to Intervene)(Bogart, John)
August 31, 2012 Opinion or Order Filing 480 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 479 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 478 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 477 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 476 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 475 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 474 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 473 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 472 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 471 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 470 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 469 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 468 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 467 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 466 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 465 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 464 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 463 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 462 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 461 EXHIBITS filed by John A. Beckstead re #460 Memorandum in Support of Motion,. (Byers, Doyle)
August 31, 2012 Opinion or Order Filing 460 MEMORANDUM in Support re #459 MOTION for Order of Sale (Motion to Confirm a Private Sale of Receivership Property Located in Logan, UT) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Bradshaw Declaration and Stipulation, #2 Exhibit B - Wood Declaration and Stipulation, #3 Exhibit C - Clawson Declaration, #4 Exhibit D - Mayfield Declaration, #5 Exhibit E- Kimball Declaration, #6 Exhibit F - Purchase and Sale Agreement)(Byers, Doyle)
August 31, 2012 Opinion or Order Filing 459 MOTION for Order of Sale (Motion to Confirm a Private Sale of Receivership Property Located in Logan, UT) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Byers, Doyle)
August 31, 2012 Opinion or Order Filing 458 MOTION for Admission Pro Hac Vice of James Richard White , Winstead PC, Registration fee $ 15, receipt number 1088-1667123, filed by Movant Mutual of Omaha Bank. (Attachments: #1 Text of Proposed Order)(Pond, Brandon)
August 31, 2012 Opinion or Order Filing 457 MOTION for Admission Pro Hac Vice of Deanna E. Caldwell , Winstead PC, Registration fee $ 15, receipt number 1088-1604053, filed by Movant Mutual of Omaha Bank. (Attachments: #1 Text of Proposed Order)(Pond, Brandon)
August 31, 2012 Opinion or Order Filing 456 MOTION for Admission Pro Hac Vice of John Kincade , Winstead PC, Registration fee $ 15, receipt number 1088-1604039, filed by Movant Mutual of Omaha Bank. (Attachments: #1 Text of Proposed Order)(Pond, Brandon)
August 31, 2012 Opinion or Order Filing 455 NOTICE of Appearance by Brandon C. Pond on behalf of Mutual of Omaha Bank (Pond, Brandon)
August 31, 2012 Opinion or Order Filing 454 Amended SCHEDULING ORDER: Amended Pleadings due by 3/9/2012. Joinder of Parties due by 3/9/2012. Fact Discovery due by 10/23/2012. Pretrial Conference set for 10/23/2012 01:30 PM, 10/24/2012 at 9:30 AM and 10/25/2012 at 9:30 AM in Room 420 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 8/30/12. (jmr)
August 31, 2012 Opinion or Order Filing 453 EXHIBITS filed by John A. Beckstead re #449 Memorandum in Support of Motion,. (Talbot, Cory)
August 31, 2012 Opinion or Order Filing 452 EXHIBITS filed by John A. Beckstead re #449 Memorandum in Support of Motion,. (Talbot, Cory)
August 31, 2012 Opinion or Order Filing 451 EXHIBITS filed by John A. Beckstead re #449 Memorandum in Support of Motion,. (Talbot, Cory)
August 31, 2012 Opinion or Order Filing 450 EXHIBITS filed by John A. Beckstead re #449 Memorandum in Support of Motion,. (Talbot, Cory)
August 31, 2012 Opinion or Order Filing 449 MEMORANDUM in Support re #445 MOTION for Order of Sale (Motion to Confirm Private Sale of 80th South Partners) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Purchase and Sale Agreement and Joint Escrow Instructions, #2 Exhibit B - Exclusive Sale Listing Agreement, #3 Exhibit C - Amendment to Exclusive Sale Listing Agreement)(Talbot, Cory)
August 31, 2012 Opinion or Order Filing 448 AFFIDAVIT/DECLARATION of Representative of Mutual of Omaha Bank in Support re #446 MOTION to Intervene filed by Movant Mutual of Omaha Bank. (Attachments: #1 Exhibit A through G)(Maudsley, Adelaide) Modified on 9/4/2012 to change filer from Interested Party Mutual of Omaha Bank to Movant Mutual of Omaha Bank. (jmr).
August 31, 2012 Opinion or Order Filing 447 MEMORANDUM in Support re #446 MOTION to Intervene (including Exhibits A and B proposed pleadings) filed by Movant Mutual of Omaha Bank. (Maudsley, Adelaide) Modified Modified on 9/4/2012 to change filer from Interested Party Mutual of Omaha Bank to Movant Mutual of Omaha Bank. (jmr).
August 31, 2012 Opinion or Order Filing 446 MOTION to Intervene filed by Movant Mutual of Omaha Bank. (Attachments: #1 Text of Proposed Order)(Maudsley, Adelaide) Modified on 9/4/2012 to change filer from Interested Party Mutual of Omaha Bank to Movant Mutual of Omaha Bank. (jmr).
August 31, 2012 Opinion or Order Filing 445 MOTION for Order of Sale (Motion to Confirm Private Sale of 80th South Partners) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
August 31, 2012 Opinion or Order Filing 444 OBJECTIONS to #426 MOTION to Intervene (objection to form of Order only) filed by John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
August 30, 2012 Opinion or Order Filing 443 ERRATA to #437 Memorandum in Support of Motion, #436 MOTION for Supplemental Proceedings filed by Receiver John A. Beckstead . (Marshall, Romaine)
August 30, 2012 Opinion or Order Filing 442 SECOND AMENDED NOTICE OF HEARING ON MOTION re: #414 MOTION to Intervene : Motion Hearing set for 9/24/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (PLEASE NOTE: At the request of counsel, the hearing date is moved back to 9/24/12 at 1:30.) (kms)
August 30, 2012 Opinion or Order Filing 441 AMENDED NOTICE OF HEARING ON MOTION re: #414 MOTION to Intervene : Motion Hearing set for 9/14/2012 02:30 PM in Room 420 before Judge Bruce S. Jenkins. (PLEASE DISREGARD THE NOTICE SETTING THE HEARING FOR 9/24/12.) (kms)
August 29, 2012 Opinion or Order Filing 439 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on August 17, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Kellie Peterson, RPR, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 9/19/2012. Redacted Transcript Deadline set for 10/1/2012. Release of Transcript Restriction set for 11/27/2012. (jmr) Modified by removing restricted text on 11/27/2012 (rks).
August 29, 2012 Opinion or Order Filing 438 NOTICE OF HEARING ON MOTION re: #414 MOTION to Intervene : Motion Hearing set for 9/24/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
August 28, 2012 Opinion or Order Filing 437 MEMORANDUM in Support re #436 MOTION for Supplemental Proceedings filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit Text of Proposed Order)(Marshall, Romaine)
August 28, 2012 Opinion or Order Filing 436 MOTION for Supplemental Proceedings filed by Receiver John A. Beckstead. (Marshall, Romaine)
August 27, 2012 Opinion or Order Filing 435 MEMORANDUM in Opposition re #414 MOTION to Intervene (Partial Opposition) filed by Receiver John A. Beckstead. (Sjoblom, J.)
August 24, 2012 Opinion or Order Filing 434 MEMORANDUM in Support re #433 MOTION to Approve Publication of Notice of Hearing on Confirmation of Private Sale of Logan Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Proposed Order)(Byers, Doyle)
August 24, 2012 Opinion or Order Filing 433 MOTION to Approve Publication of Notice of Hearing on Confirmation of Private Sale of Logan Property filed by Receiver John A. Beckstead. (Byers, Doyle)
August 24, 2012 Opinion or Order Filing 432 NOTICE OF HEARING ON MOTION re: #414 MOTION to Intervene : Motion Hearing set for 9/14/2012 02:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
August 23, 2012 Opinion or Order Filing 430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on August 17, 2012 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Kellie Peterson,. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 9/13/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/21/2012. (mlp) Modified by removing restricted text on 11/21/2012 (rks).
August 23, 2012 Opinion or Order Filing 429 ORDER Granting Motion to Abandon and Disclaim Real and Personal Property Interests in Memphis Properties-granting #416 Motion to Abandon Real and Personal Property Interests in Memphis Properties filed by Receiver John A. Beckstead. See Order for details. Signed by Judge Bruce S. Jenkins on 8/23/12. (jmr)
August 20, 2012 Opinion or Order Filing 1263 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing held on 8/20/2012. After hearing from counsel for the receiver, Counsel requested the matter be continued for 30 days. Court set hearing for 9/20/13 at 1:15pm.Attorney for Plaintiff Doyle Byers. Court Reporter: Laura Robinson. (ss)
August 20, 2012 Opinion or Order Filing 500 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 8/20/2012.re: to segregate rents (#369) Argument & discussion heard. Crt recesses 1:45 PM, reconvenes 1:50 PM. Argument & discussion continues. Crt schedules:- Continues, motion to segregate rents (#369) set 9/7/2012, at 9:30 AM.Mr. Beckstead to forward Financial Report to Crt, forthwith. re #369 MOTION Segregate Rents filed by Bank Midwest N.A.. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson (Thacker).(Time Start: 1:30 PM, Time End: 2:25 PM, Room 420.) (mrw)
August 20, 2012 Opinion or Order Filing 427 MEMORANDUM in Support re #426 MOTION to Intervene filed by Movant Fannie Mae. (Sorenson, Amy)
August 20, 2012 Opinion or Order Filing 426 MOTION to Intervene filed by Movant Fannie Mae. (Attachments: #1 Exhibit A Complaint, #2 Text of Proposed Order)(Sorenson, Amy)
August 20, 2012 Opinion or Order Filing 425 NOTICE of Appearance by Jared C. Fields on behalf of Fannie Mae (Fields, Jared)
August 20, 2012 Opinion or Order Filing 424 NOTICE of Appearance by Amy F. Sorenson on behalf of Fannie Mae (Sorenson, Amy)
August 17, 2012 Opinion or Order Filing 499 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 8/17/2012.re: (#416) Petition of Receiver to immediately abandon and disclaim all interest,including interest in executory contracts, real and personal property in three apartment complexes known as Conterra Park Apartments, Monterra ParkApartments, and Verano Park Apartments located in Memphis Tennessee. Argument & discussion heard. Crt rules:- Grants, (#416) Petition of Receiver to immediately abandon and disclaim the property as identified, and we will indicate the receiver and lender, Guggenheim have agreed that it be effective on 9/7/2012, at 5:00 PM EST, unless parties agree to a sooner date and time. Mr. Byers to prepare & submit new order with: who showed, who talked, who is on the record, and reasons expressed. Be sure to identify what it is your disclaiming and abandoning, indicate$16 M versus $3 M. re #416 MOTION to Abandon Real and Personal Property Interests in Memphis Properties filed by John A. Beckstead. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson (Thacker).(Time Start: 2:00 PM, Time End: 2:45 PM, Room 420.) (mrw)
August 17, 2012 Opinion or Order Filing 423 ORDER Approving Motion for Continuance of Hearing on Second Quarterly Status Report ( Miscellaneous Hearing set for 9/7/2012 09:30 AM in Room 420.), Motions terminated: #422 MOTION for Continuance of Hearing on Second Quarterly Status Report re 420 Notice of Hearing filed by John A. Beckstead. Signed by Judge Bruce S. Jenkins on 8/16/12. (jmr)
August 16, 2012 Opinion or Order Filing 422 MOTION for Continuance of Hearing on Second Quarterly Status Report re 420 Notice of Hearing filed by Receiver John A. Beckstead. (Byers, Doyle)
August 14, 2012 Opinion or Order Filing 421 CERTIFICATE OF SERVICE by John A. Beckstead re #417 MOTION to Abandon Real and Personal Property Interests in Memphis Properties (Byers, Doyle)
August 14, 2012 Opinion or Order Filing 420 NOTICE OF HEARING: to consider Receiver's Second Quarterly Status Report. Hearing set for 8/29/2012 at 02:15 PM in Room 420. (kms)
August 13, 2012 Opinion or Order Filing 419 NOTICE OF HEARING ON MOTION re: #416 Petition of Receiver to immediately abandon and disclaim all interest, including interest in executory contracts, real and personal property in three apartment complexes known as Conterra Park Apartments, Monterra Park Apartments, and Verano Park Apartments located in Memphis Tennessee. Motion Hearing set for 8/17/2012 at 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
August 8, 2012 Opinion or Order Filing 418 MEMORANDUM in Support re #417 MOTION to Abandon Real and Personal Property Interests in Memphis Properties filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Canterra Special Warranty Deed, #2 Exhibit B - Monterra Special Warranty Deed, #3 Exhibit C - Verano Special Warranty Deed, #4 Exhibit D - Canterra 2011 PILOT Agreement, #5 Exhibit E - Monterra 2011 PILOT Agreement, #6 Exhibit F - Verano 2011 PILOT Agreement, #7 Exhibit G - Canterra Quit Claim Deed, #8 Exhibit H - Monterra Quit Claim Deed, #9 Exhibit I - Verano Quit Claim Deed, #10 Exhibit J - Canterra Lease - 1 of 3, #11 Exhibit J - Canterra Lease - 2 of 3, #12 Exhibit J - Canterra Lease - 3 of 3, #13 Exhibit K - Monterra Lease, #14 Exhibit L - Verano Lease, #15 Exhibit M - Promissory Note - 1 of 5, #16 Exhibit M - Promissory Note - 2 of 5, #17 Exhibit M - Promissory Note - 3 of 5, #18 Exhibit M - Promissory Note - 4 of 5, #19 Exhibit M - Promissory Note - 5 of 5, #20 Exhibit N - Canterra Deed of Trust, #21 Exhibit O - Monterra Deed of Trust, #22 Exhibit P - Verano Deed of Trust, #23 Exhibit Q - Canterra Assignment, #24 Exhibit R - Monterra Assignment, #25 Exhibit S - Verano Assignment, #26 Exhibit T - Feb 7 Letter, #27 Exhibit U - Loan Payoff Letter, #28 Exhibit V - Broker's Opinion - 1 of 4, #29 Exhibit V - Broker's Opinion - 2 of 4, #30 Exhibit V - Broker's Opinion - 3 of 4, #31 Exhibit V - Broker's Opinion - 4 of 4, #32 Exhibit W - Appraisal - 1 of 3, #33 Exhibit W - Appraisal - 2 of 3, #34 Exhibit W - Appraisal - 3 of 3, #35 Exhibit X - Inventories, #36 Exhibit Y - Budget Comparisons, #37 Exhibit Z - Letter to Lender, #38 Exhibit AA - Aug 2 Cash Balance, #39 Exhibit BB - Rent Rolls and Occupancy)(Byers, Doyle)
August 8, 2012 Opinion or Order Filing 417 MOTION to Abandon Real and Personal Property Interests in Memphis Properties filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A to Order - Canterra Special Warranty Deed, #3 Exhibit B to Order - Conterra Special Warranty Deed, #4 Exhibit C to Order - Verano Special Warranty Deed, #5 Exhibit D to Order - Canterra 2011 PILOT Agreement, #6 Exhibit E to Order - Monterra 2011 PILOT Agreement, #7 Exhibit F to Order - Verano 2011 PILOT Agreement, #8 Exhibit G to Order - Canterra Lease - 1 of 3, #9 Exhibit G to Order - Canterra Lease - 2 of 3, #10 Exhibit G to Order - Canterra Lease - 3 of 3, #11 Exhibit H to Order - Monterra Lease, #12 Exhibit I to Order - Verano Lease, #13 Exhibit J to Order - Inventories)(Byers, Doyle)
August 8, 2012 Opinion or Order Filing 416 MOTION to Abandon Real and Personal Property Interests in Memphis Properties filed by Receiver John A. Beckstead. (Byers, Doyle)
August 8, 2012 Opinion or Order Filing 415 MEMORANDUM in Support re #414 MOTION to Intervene filed by Movant Barlow. (jmr)
August 8, 2012 Opinion or Order Filing 414 MOTION to Intervene filed by Movant Barlow. (jmr)
August 6, 2012 Opinion or Order Filing 413 MOTION Supplemental Memorandum in Support of the First Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses re #305 Declaration filed by Receiver John A. Beckstead. (Byers, Doyle)
August 2, 2012 Opinion or Order Filing 428 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 8/2/2012.Argument & discussion heard. Signed settlement document received from dfts. Crt rules:- Grants, stip motion to extend pretrial deadlines.Crt schedules:- Final pretrial conference reset 10/23 - 10/25/2012, at 1:30 PM.- Stip proposed final pretrial order due to chambers nlt 10/18/2012.Mr. Melton to prepare & submit proposed scheduling order within 5 days. re #401 Stipulated MOTION to Continue Discovery and Pretrial Deadlines filed by Securities and Exchange Commission. Attorney for Plaintiff: Thomas M. Melton, Attorney for Defendant: James B. Quesenberry. Court Reporter: Ray Fenlon.(Time Start: 12:05 PM, Time End: 12:20 PM, Room 420.) (mrw)
July 31, 2012 Opinion or Order Filing 410 Modification of Docket: Error: Incorrect Images were attached to Exhibits I, J and K. Correction: Corrected Images have now been attached to docket entry re #409 Status Report. (Attachments: #1 Exhibit J, #2 Exhibit K) (jmr)
July 30, 2012 Opinion or Order Filing 409 STATUS REPORT Receiver's Second Quarterly by John A. Beckstead. (Attachments: #1 Exhibit A - Possible Claims of Receiver Against Third Parties, #2 Exhibit B - Deposits From Cottonwood, #3 Exhibit C - Schedule of Cash Receipts and Disbursements - Non-Residential Properties, #4 Exhibit D - Schedule of Cash on Hand, #5 Exhibit E - Fees and Costs of Receiver and Professionals, #6 Exhibit F - Schedule of Cash Receipts and Disbursements, #7 Exhibit G - Material Assets of Receivership, #8 Exhibit H - List of Known Creditors, #9 Exhibit I - Receivership Companies Chart, #10 Exhibit J - Bank Account Roster, #11 Exhibit K - List of Investors)(Beckstead, John) (Additional attachment(s) added on 7/31/2012: #12 Corrected Image of Exhibit I, #13 Corrected Image of Exhibit J, #14 Corrected Image of Exhibit K) (jmr).
July 27, 2012 Opinion or Order Filing 408 NOTICE OF HEARING ON MOTION re: to consider #401 Stipulated MOTION to Continue Discovery and Pretrial Deadlines : Motion Hearing set for 8/2/2012 at 11:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
July 26, 2012 Opinion or Order Filing 407 ORDER granting #403 Motion (Motion to Abandon Receivership Asset - BWM) filed by Receiver John A. Beckstead. See Order for details. Signed by Judge Bruce S. Jenkins on 7/26/12. (jmr)
July 23, 2012 Opinion or Order Filing 406 ORDER granting #329 Motion for Payment of Attorney Fees from Receivership Estate. Signed by Judge Bruce S. Jenkins on 7/23/12 (alt)
July 23, 2012 Opinion or Order Filing 405 AFFIDAVIT/DECLARATION of John A. Beckstead in Support re #403 MOTION (Motion to Abandon Receivership Asset - BWM) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Talbot, Cory)
July 23, 2012 Opinion or Order Filing 404 MEMORANDUM in Support re #403 MOTION (Motion to Abandon Receivership Asset - BWM) filed by Receiver John A. Beckstead. (Talbot, Cory)
July 23, 2012 Opinion or Order Filing 403 MOTION (Motion to Abandon Receivership Asset - BWM) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
July 17, 2012 Opinion or Order Filing 402 Order/JUDGMENT-IT IS HEREBY ORDERED that Allen Jacobson-having violated the court's receivership order-is guilty of civil contempt of court; the Receiver is entitled to judgment against Allen Jacobson in the sum of $50,000. The court will RESERVE on the question of sanctions. IT IS FURTHER ORDERED that the receiver's motion for an order to show cause why Cami Jacobsen should not be held in contempt is hereby Dismissed. Signed by Judge Bruce S. Jenkins on 7/16/12.(jmr)
July 17, 2012 Opinion or Order Filing 401 Stipulated MOTION to Continue Discovery and Pretrial Deadlines filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
July 17, 2012 Opinion or Order Filing 400 NOTICE OF HEARING ON MOTION re: #369 MOTION to Segregate Rents: Motion Hearing set for 8/20/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
July 16, 2012 Opinion or Order Filing 412 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 7/16/2012 re #383 MOTION to Approve Modification Agreement with Keybank National Association filed by John A. Beckstead. Argument & discussion heard. Crt recesses 11:25 AM. reconvenes 11:30 AM. Argument & discussion continue. Crt schedules::- Continues, (#383) motion hearing re: to approve Modification Agreement with Keybank National Association set 7/23/2012, at 1:30 PM. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 11:05 AM, Time End: 11:50 AM, Room 420.) (mrw)
July 16, 2012 Opinion or Order Filing 411 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 7/16/2012 re #329 MOTION for Attorney Fees filed by MSI Investor Group. Argument & discussion heard. Crt rules:- Grants, this one-time, with proviso, (#329) motion for payment of attorneys fees.Mr. Hoole to prepare & submit proposed order with findings, including proviso. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 10:30 AM, Time End: 11:05 AM, Room 420.) (mrw)
July 11, 2012 Opinion or Order Filing 399 ORDER granting #314 Motion for Authorization to Relinquish Receivership Interest in Dynamic Intergrations and to Remove Dynamic Integrations, LLC from the Scope of the Order Appointing Receiver, Freezing Assets, and Other Relief. See order for details. Signed by Judge Bruce S. Jenkins on 7/11/12. (jmr)
July 11, 2012 Opinion or Order Filing 398 ORDER granting #387 Motion to Appoint Appraisers Regarding Sale of Property of 80th South Partners, LLC, and for Direction to Publish the Terms of Private Sale filed by Receiver John A. Beckstead. See order for details. Signed by Judge Bruce S. Jenkins on 7/11/12. (jmr)
July 10, 2012 Opinion or Order Filing 390 NOTICE OF HEARING ON MOTION re: #383 MOTION to Approve Modification Agreement with Keybank National Association : Motion Hearing set for 7/16/2012 11:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
July 9, 2012 Opinion or Order Filing 389 MEMORANDUM in Opposition re #369 MOTION Segregate Rents filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sjoblom, J.)
July 9, 2012 Opinion or Order Filing 388 MEMORANDUM in Support re #387 MOTION to Appoint Appraisers Regarding Sale of Property of 80th South Partners, LLC, and for Direction to Publish the Terms of Private Sale filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Shadix Professional Service Agreement, #2 Exhibit B - Shadix Resume, #3 Exhibit C - Shadix License, #4 Exhibit D - Linford Agreement, etc., #5 Exhibit E - Linford Appraiser Qualifications, #6 Exhibit F - Linford License, #7 Exhibit G - Kelly Engagement Letter, #8 Exhibit H - Kelly Qualifications, etc., #9 Exhibit I - Kelly License)(Talbot, Cory)
July 9, 2012 Opinion or Order Filing 387 MOTION to Appoint Appraisers Regarding Sale of Property of 80th South Partners, LLC, and for Direction to Publish the Terms of Private Sale filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
July 5, 2012 Opinion or Order Filing 385 REPLY to Response to Motion re #329 MOTION for Attorney Fees filed by Amicus MSI Investor Group. (Hoole, Gregory)
July 5, 2012 Opinion or Order Filing 384 MEMORANDUM in Support re #383 MOTION to Approve Modification Agreement with Keybank National Association filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Modification Agreement, #2 Exhibit B - Loan Agreement, #3 Exhibit C - Promissory Note, #4 Exhibit D - Deed of Trust, #5 Exhibit E - Assignments of Leases and Rents, #6 Exhibit F - Assignment of Management Contract, #7 Exhibit G - Environmental and Hazardous, etc.)(Byers, Doyle)
July 5, 2012 Opinion or Order Filing 383 MOTION to Approve Modification Agreement with Keybank National Association filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Byers, Doyle)
July 5, 2012 Opinion or Order Filing 382 ORDER Granting Motion to Disclaim Assets and Authorizing Receiver to Pay Living Expenses- Follows oral order of 6/22/12. See order for details. Signed by Judge Bruce S. Jenkins on 7/5/12. (jmr)
July 2, 2012 Opinion or Order Filing 397 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Continued, Miscellaneous Hearing re: authorize Conveyance to new equity held on 7/2/2012. Mr. Broadbent submits proposed order to the Crt. Crt recesses 9:40 AM, reconvenes 9:50 AM. Discussion heard. Crt executes order in open Crt. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Patti Walker.(Time Start: 9:30 AM, Time End: 10:15 AM, Room 420.) (mrw)
July 2, 2012 Opinion or Order Filing 380 ORDER Confirming Private Sale of Receivership's Escena Park Property-granting #358 Motion to Expedite and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers. Signed by Judge Bruce S. Jenkins on 7/2/12. (jmr)
June 29, 2012 Opinion or Order Filing 396 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing held on 6/29/2012 re: to Authorize Conveyance to New Entity. Argument & discussion heard. Crt will not authorize conveyance without information as to 3-day old entity. Crt recesses 2:15 PM, reconvenes 2:30 PM. Crt orders ReceiverDavid Broadbent to amend proposed order & hand-deliver to chambers nlt 7/2/2012. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 1:45 PM, Time End: 2:45 PM, Room 420.) (mrw)
June 28, 2012 Opinion or Order Filing 395 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 6/28/2012 re #358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by John A. Beckstead.Argument & discussion heard. Crt recesses 2:20 PM, reconvenes 2:35 PM. Argument & discussion continues. Crt rules:- Crt orders Receiver to provide deed, detailed listing & property description of the conveyable property, with specificity.Mr. Broadbent to prepare & submit order with ordered documentation. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Laura Robinson.(Time Start: 2;00 PM, Time End: 3:00 PM, Room 420.) (mrw)
June 28, 2012 Opinion or Order Filing 379 ORDER Appointing Confirmation of Three Appraisers-granting #373 Motion to Appoint Appraisers Regarding Sale of Logan Property. Signed by Judge Bruce S. Jenkins on 6/28/12. (jmr)
June 28, 2012 Opinion or Order Filing 378 MOTION for Service by Publication (Notice of Hearing for Confirmation of Private Sale of Real Property by Receiver) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Affidavit of Publication)(Talbot, Cory)
June 28, 2012 Opinion or Order Filing 377 ORDER granting #349 Motion for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property. See order for details. Signed by Judge Bruce S. Jenkins on 6/28/12. (jmr)
June 28, 2012 Opinion or Order Filing 376 ORDER granting #362 Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC; terminating #362 Motion to Expedite. See order for details. Signed by Judge Bruce S. Jenkins on 6/28/12. (jmr)
June 26, 2012 Opinion or Order Filing 375 MEMORANDUM in Support re #373 MOTION to Appoint Appraisers Regarding Sale of Logan Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A-1 - Owens Qualifications, #2 Exhibit A-2 - Owens Contract, #3 Exhibit B-1 - Schettler Qualifications, #4 Exhibit B-2 - Schettler Contract, #5 Exhibit C-1 - Singleton Qualifications, #6 Exhibit C-2 - Singleton Contract)(Byers, Doyle)
June 26, 2012 Opinion or Order Filing 374 MEMORANDUM in Support re #373 MOTION to Appoint Appraisers Regarding Sale of Logan Property filed by Receiver John A. Beckstead. (Byers, Doyle)
June 26, 2012 Opinion or Order Filing 373 MOTION to Appoint Appraisers Regarding Sale of Logan Property filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Byers, Doyle)
June 26, 2012 Opinion or Order Filing 372 ORDER Confirming Appointment of Three Appraisers- re #358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by John A. Beckstead. The Court Orders that Andrew J. McRoberts of McRoberts & Company of Texas, LP; Victor K. Thomas and Jeff D. Thompson of Multifamily Appraisal Specialists; and Ernest E. Gatewood, III and Jimmy H. Jackson of Jackson Claborn, Inc. be approved as Court-appointed appraisers to assist the Court and the Receiver in evaluating the reasonableness of the proposed private sale. Signed by Judge Bruce S. Jenkins on 6/26/12. (jmr)
June 25, 2012 Opinion or Order Filing 371 Second MEMORANDUM in Support re #358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Contract, #2 Exhibit B - New Appraisal)(Byers, Doyle)
June 22, 2012 Opinion or Order Filing 394 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 6/22/2012 re: (#362) MOTION (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC, and for Expedited Ruling)MOTION to Expedite (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC).Argument & discussion heard. No objections. Crt rules:- Grants, (#362) motion to authorize Receiver to engage Alvarez & Marsal Real Estate Advisory Services, LLC.- Written report prepared by Alvarez & provided to the Crt by the Receiver, within 60 daysMr. Byers to prepare & submit order within 5 days. re #362 MOTION (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC, and for Expedited Ruling) MOTION to Expedite (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC) filed by John A. Beckstead. Attorney for Plaintiff: Doyles S. Byers, Attorney for Defendant: John Beckstead. Court Reporter: Ed Young.(Time Start: 3:00 PM, Time End: 3:35 PM, Room 420.) (mrw)
June 22, 2012 Opinion or Order Filing 393 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 6/22/2012 re #349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property filed by John A. Beckstead. Argument & discussion heard. No objections. Crt rules:- Grants, (#349) motion for Order authorizing Receiver to reject Executory Contract for utility service for Colonial Green PropertyMr. Sjoblom to prepare & submit order within 5 days. Attorney for Plaintiff: J. Andrew Sjoblom, Attorney for Defendant: John Beckstead. Court Reporter: Ed Young.(Time Start: 2:08 PM, Time End: 2:15 PM, Room 420.) (mrw)
June 22, 2012 Opinion or Order Filing 392 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing re: (#275) further, consideration of stipulation between SEC andWendell Jacobson; (#300) motion to amend order relating to Alan Jacobson, Patriot American LLC & motor vehicle; &(#322) motion for approval of living expenses.held on 6/22/2012.Argument & discussion heard. Crt authorizes Receiver to disclaim items identified with specificity to the Crt. Crt rules:- Strikes, (#322) motion for approval of living expenses for Alan Jacobson & disclaimer of automobile, to be reconsidered later by the Crt, as result of current problems of Alan Jacobson with the Receiver.- Grants, (#275) after further consideration, stipulation between SEC and Wendell Jacobson.Mr. Melton to prepare multiple orders addressing aforementioned issues. re #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief filed by Wendell A. Jacobson, Allen R. Jacobson, #275 Stipulated MOTION to Amend/Correct #4 Order Appointing Receiver filed by Securities and Exchange Commission, #322 MOTION for Approval of Payment of Living Expenses for Defendant Wendell A. Jacobsen Payment filed by John A. Beckstead. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ed Young.(Time Start: 9:30 AM, Time End: 10:00 AM, Room 420.) (mrw)
June 22, 2012 Opinion or Order Filing 370 MEMORANDUM in Support re #369 MOTION Segregate Rents filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit Transcript of Hearing on Motion to Intervene/Motion for Relief from Stay, #2 Exhibit Assignment of Rents, #3 Exhibit Email from Stricklin to Sjoblom, #4 Exhibit Email from Sjoblom to Stricklin)(Wilson, Kim)
June 22, 2012 Opinion or Order Filing 369 MOTION Segregate Rents filed by Intervenor Defendant Bank Midwest N.A.. (Wilson, Kim)
June 22, 2012 Opinion or Order Filing 368 NOTICE OF HEARING ON MOTION re: #329 to consider MOTION for Payment of Attorney Fees from Receiver Estate, and objections thereto : Motion Hearing set for 7/16/2012 at 10:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
June 21, 2012 Opinion or Order Filing 367 Supplemental MEMORANDUM in Support re #358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - Appraisal Specialists' Appraisal, #3 Exhibit C - McRoberts' Appraisal, #4 Exhibit D - Claborn Appraisal)(Byers, Doyle)
June 20, 2012 Opinion or Order Filing 366 STATUS REPORT Report of Appraisal of Furnishings at Wendell Jacobson Residence by John A. Beckstead. (Byers, Doyle)
June 18, 2012 Opinion or Order Filing 391 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing re: to consider form & content of proposed pre-hearing order held on 6/18/2012. Argument & discussion heard. Crt rules:- Finds civil contempt on the part of dft Allen R. Jacobson for violation of order.- Receiver entitled to judgment in amount of $50,000, against Allen R. Jacobson. Court takes under advisement additional sanctions.- Crt dismisses action against Cami Jacobson.Mr. Marshall to prepare & submit order to Crt within 5 days. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 2:40 PM, Time End: 3:00 PM, Room 420.) (mrw)
June 18, 2012 Opinion or Order Filing 365 NOTICE OF HEARING ON MOTION re: #362 MOTION (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC, and for Expedited Ruling) MOTION to Expedite (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC) : Motion Hearing set for 6/22/2012 03:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
June 18, 2012 Opinion or Order Filing 364 MEMORANDUM in Opposition re #329 MOTION for Attorney Fees filed by Receiver John A. Beckstead. (Talbot, Cory)
June 15, 2012 Opinion or Order Filing 386 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing re: to consider the form and content of the proposed order approving the application for interim compensation of Receiver and professionals and reimbursement of expenses held on 6/15/2012.Argument & discussion heard. Crt makes modest changes to the proposed order & executes order in open Crt. Crt will need Application(s) of Disinterested Parties & relevant appraisal(s) & by supplementing memorandum prior to 6/28/2012 hearing. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Laura Robinson.(Time Start: 1:45 PM, Time End: 2:10 PM, Room 420.) (mrw)
June 15, 2012 Opinion or Order Filing 363 MEMORANDUM in Support re #362 MOTION (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC, and for Expedited Ruling) MOTION to Expedite (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A)(Talbot, Cory)
June 15, 2012 Opinion or Order Filing 362 MOTION (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC, and for Expedited Ruling) , MOTION to Expedite (Motion to Authorize Receiver to Engage Alvarez & Marsal Real Estate Advisory Services, LLC) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
June 15, 2012 Opinion or Order Filing 361 ORDER Approving First Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses-See order for details. Signed by Judge Bruce S. Jenkins on 6/15/12. (jmr)
June 14, 2012 Opinion or Order Filing 360 ORDER for Expedited Hearing on Confirmation of Private Sale-granting #358 Motion to Expedite. Signed by Judge Bruce S. Jenkins on 6/14/12. (jmr)
June 14, 2012 Opinion or Order Set Deadlines/Hearings: Miscellaneous Hearing set for 6/28/2012 02:00 PM in Room 420 per Order #360 . (jmr)
June 14, 2012 Opinion or Order Filing 359 MEMORANDUM in Support re #358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Purchase and Sale Agreement, etc., #2 Exhibit B-1 - Tarrant and McRoberts' Qualifications, #3 Exhibit B-2 - Contract for Appraisal Services, #4 Exhibit C - Thomas and Thompson's Qualifications, #5 Exhibit D-1 - Gatewood and Jackson Qualifications, #6 Exhibit D-2 - Gatewood, etc. Contract)(Byers, Doyle)
June 14, 2012 Opinion or Order Filing 358 MOTION to Expedite Hearing and to Confirm a Private Sale of Receivership Property and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit 1 - Order for Expedited Hearing on Confirmation of Private Sale, #2 Exhibit 2 - Order Confirming Appointment of Three Appraisers, #3 Exhibit 3 - Order Confirming Private Sale of Receivership's Escena Park Property)(Byers, Doyle) Modified on 6/15/2012-motion is still pending (jmr).
June 13, 2012 Opinion or Order Filing 357 NOTICE of Invoices of Receiver. Document has not been scanned. Document will be permanently retained. Document will be placed on the shelf.Filed by John A. Beckstead re #356 Order on Motion for Miscellaneous Relief. (jmr)
June 13, 2012 Opinion or Order Filing 356 ORDER terminating #281 Motion to seal. Upon reviewing the invoices, it appears that the majority do not justify being sealed. At the hearing on fee application, the court directed Receiver to designate those invoices which it claims should be sealed. The Receiver has since filed with the court redacted invoices. The redacted versions of the invoices will be filed with the Clerk of the court for viewing by interested parties. The invoices are not to be made available electronically. SO ORDERED. Signed by Judge Bruce S. Jenkins on 6/13/12. (jmr)
June 13, 2012 Opinion or Order Filing 355 NOTICE OF HEARING: to consider the form and content of the proposed order approving the application for interim compensation of Receiver and professionals and reimbursement of expenses. Hearing set for 6/15/2012 at 01:45 P.M., in Room 420. (kms)
June 13, 2012 Opinion or Order Filing 354 CERTIFICATE OF SERVICE by John A. Beckstead re #349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property (Attachments: #1 Exhibit A: Affidavit of Service)(Sjoblom, J.)
June 13, 2012 Opinion or Order Filing 353 NOTICE of DIRECTING ENERGY, L.P. OF HEARING ON MOTION FOR ORDER AUTHORIZING RECEIVER TO TERMINATE EXECUTORY CONTRACT FOR UTILITY SERVICE FOR COLONIAL GREEN PROPERTY by John A. Beckstead re 352 Notice of Hearing on Motion, (Attachments: #1 Exhibit A: Court Notice) (Sjoblom, J.)
June 12, 2012 Opinion or Order Filing 352 NOTICE OF HEARING ON MOTION re: #349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property : Motion Hearing set for 6/22/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
June 7, 2012 Opinion or Order Filing 351 AFFIDAVIT/DECLARATION of R. Scott Miller in Support re #349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A: Service Agreement September 2008, #2 Exhibit B: Service Agreement September 2012)(Sjoblom, J.)
June 7, 2012 Opinion or Order Filing 350 MEMORANDUM in Support re #349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property filed by Receiver John A. Beckstead. (Sjoblom, J.)
June 7, 2012 Opinion or Order Filing 349 MOTION for Order Authorizing Receiver to Terminate Executory Contract for Utility Service for Colonial Green Property filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Sjoblom, J.)
June 6, 2012 Opinion or Order Filing 347 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Intervene held on May 10, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Kellie Peterson, RPR, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 6/27/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/4/2012. (jmr) Modified by removing restricted text on 9/5/2012 (mlp).
June 5, 2012 Opinion or Order Filing 346 **SEALED DOCUMENT** Exhibit B(Receiver Selection Guidelines) re #341 Notice (Other) filed by Plaintiff Securities and Exchange Commission. (jmr)
June 5, 2012 Opinion or Order Filing 345 ORDER Granting Motion for Permission to File Exhibit B to the Notice of Filing of Receiver Documents #341 Under Seal-granting #342 Motion to Seal Document. Signed by Judge Bruce S. Jenkins on 6/4/12. (jmr)
June 4, 2012 Opinion or Order Filing 343 NOTICE OF HEARING ON MOTION re: #322 MOTION for Approval of Payment of Living Expenses for Defendant Wendell A. Jacobsen Payment : Motion Hearing set for 6/22/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
June 4, 2012 Opinion or Order Filing 342 MOTION to Seal Document #341 Notice (Other) Motion to Seal Exhibit "B" of Notice of Filing of Receiver Documents filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
June 4, 2012 Opinion or Order Filing 341 NOTICE of Filing of Receiver Documents by Securities and Exchange Commission (Attachments: #1 Exhibit Receiver Billing Instructions, #2 Exhibit Billing Guidelines) (Wadley, Daniel)
June 1, 2012 Opinion or Order Filing 381 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing held on 6/1/2012.Argument & discussion heard. Crt orders Receiver to(1)File with the Crt the contract between the Receiver and Cottonwood Residential;(2)File with the court the SEC guidelines re: Receiver billing(3)Receiver has 10 days to inform the court which billing entries (by number and location) the Receiver wants excised from the invoices. The Crt will then make available the unsealed invoices in the clerks office.(4)Receiver will have used furniture agent travel to furniture sites to evaluate, value, & transport costs of same, & report back to the Crt.(5)Receiver will file with the Crt a summary of Deloittes monthly budget plan.Crt rules: -Provisionally grants the amounts prayed for, pending further review by the Crt, upon receipt of ordered documents: to consider the Applications for Interim Compensation and Expenses of the following, filed May 8, 2012: Receiver $152,884.53; Holland & Hart: $712,536.21; Deloitte: $1,215,913.82; and WSRP: $112,090.86. -Crt notes that it does not authorize the Receiver to pay his fees to Holland & Hart. Amount authorized to the Receiver will be paid to the Receiver.Crt schedules:-Further, filing of a new amended Liquidation Plan of Receiver with the Crt, nlt 9/7/2012Mr. Byers to prepare & submit order indicating provisional nature of the Crts ruling on applications for compensation & expenses. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ray Fenlon.(Time Start: 10:00 AM, Time End: 11:24 AM, Room 420.) (mrw)
June 1, 2012 Opinion or Order Filing 340 MOTION for Admission Pro Hac Vice of Deanna Caldwell, Winstead PC , Registration fee $ 15, receipt number 1088-1604053, filed by Interested Party Mutual of Omaha Bank. (Attachments: #1 Proposed Order)(Maudsley, Adelaide)
June 1, 2012 Opinion or Order Filing 339 MOTION for Admission Pro Hac Vice of John Kincade, Winstead PC , Registration fee $ 15, receipt number 1088-1604039, filed by Interested Party Mutual of Omaha Bank. (Attachments: #1 Proposed Order)(Maudsley, Adelaide)
June 1, 2012 Opinion or Order Filing 338 NOTICE of Appearance by Adelaide Maudsley on behalf of Mutual of Omaha Bank (Maudsley, Adelaide)
June 1, 2012 Opinion or Order Filing 337 ORDER granting #333 Motion to Seal Document #336 Sealed Document. Signed by Judge Bruce S. Jenkins on 6/1/12. (jmr)
May 31, 2012 Opinion or Order Filing 336 **SEALED DOCUMENT** Sealed Exhibit E to #332 Receivers Financial Report, filed by Receiver John A. Beckstead. (jmr)
May 31, 2012 Opinion or Order Filing 335 NOTICE OF CONVENTIONAL FILING of Exhibit E to Update Report of Receiver as of May 31, 2012 filed by Receiver John A. Beckstead re #332 Receivers Financial Report, (jmr)
May 31, 2012 Opinion or Order Filing 334 STIPULATION re #321 Order Setting Hearing on Motion, Set Hearings,, First Amended Stipulated Notice of Continuance by Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
May 31, 2012 Opinion or Order Filing 333 MOTION to Seal Document #332 Receivers Financial Report, Exhibit E filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Proposed Order)(Byers, Doyle)
May 31, 2012 Opinion or Order Filing 332 Receiver's FINANCIAL REPORT - Updated Report of Receiver as of May 31, 2012 filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - Material Assets of Receivership, #2 Exhibit B - Claims Against Third Parties, #3 Exhibit C - Receivership Companies Chart, #4 Exhibit D - Bank Account Roster, #5 Exhibit E - List of Investors (Under Seal), #6 Exhibit F - List of Creditors)(Byers, Doyle)
May 30, 2012 Opinion or Order Filing 331 AFFIDAVIT/DECLARATION of Gregory N. Hoole in Support re #329 MOTION for Attorney Fees filed by Amicus MSI Investor Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hoole, Gregory)
May 30, 2012 Opinion or Order Filing 330 MEMORANDUM in Support re #329 MOTION for Attorney Fees filed by Amicus MSI Investor Group. (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)(Hoole, Gregory)
May 30, 2012 Opinion or Order Filing 329 MOTION for Attorney Fees filed by Amicus MSI Investor Group. (Attachments: #1 Text of Proposed Order)(Hoole, Gregory)
May 30, 2012 Opinion or Order Filing 328 STIPULATION re #321 Order Setting Hearing on Motion, Set Hearings,, Amended Stipulated Notice of Continuance by Allen R. Jacobson, Wendell A. Jacobson. (Quesenberry, Stephen)
May 30, 2012 Opinion or Order Filing 326 NOTICE of Stipulated Notice of Continuance (June 1, 2012 hearing) by Allen R. Jacobson, Wendell A. Jacobson re #321 Order Setting Hearing on Motion, Set Hearings,, (Quesenberry, Stephen)
May 29, 2012 Opinion or Order Filing 325 NOTICE FROM THE COURT: It would be helpful to the Court if Receiver would submit to Chambers the engagement letter or contracts with the fee applicants by noon on Thursday, May 31, 2012. (kms)
May 29, 2012 Opinion or Order Filing 323 MEMORANDUM in Support re #322 MOTION for Approval of Payment of Living Expenses for Defendant Wendell A. Jacobsen Payment filed by Receiver John A. Beckstead. (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)(Talbot, Cory)
May 29, 2012 Opinion or Order Filing 322 MOTION for Approval of Payment of Living Expenses for Defendant Wendell A. Jacobsen Payment filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
May 25, 2012 Opinion or Order Filing 324 ORDER granting #320 Motion to Substitute Attorney. Attorney Caleb J. Frischknecht terminated. Signed by Judge Bruce S. Jenkins on 05/25/2012. (asp)
May 25, 2012 Opinion or Order Filing 321 ORDER Re-Setting Hearing on Motion #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief, #275 Stipulated MOTION to Amend/Correct #4 Order Appointing Receiver :( Motion Hearing reset for 6/1/2012 01:30 PM in Room 420 before Judge Bruce S. Jenkins.) Vacates Tuesday, 5/29/2012, at 2:30 PM. SEE SCANNED ORDER for specific language.. Signed by Judge Bruce S. Jenkins on 5/25/2012. (mrw)
May 25, 2012 Opinion or Order Filing 320 Stipulated MOTION to Substitute Attorney filed by Movant Platinum Protection LLC. (Attachments: #1 Text of Proposed Order)(Wiseman, D.)
May 18, 2012 Opinion or Order Filing 344 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 5/18/2012. (1) Motion Hearing re: to consider (#275) the stipulation between the SEC and Wendell Jacobson relating to the receivership and proposed amendment regarding the receivership; (2) Motion Hearing re: Evidentiary Hearing on Order to Show Cause directed to Allen Jacobson and others for failure to Tender Receivership Assets (#294); and Third Motion to Amend/Correct Order Appointing Receiver, Freezing Assets and Other Relief relating to Allen Jacobson, Patriot American, LLC and motor vehicle (#300).Argument & discussion heard. Crt notes Receiver has yet to file with the Crt, the detailed property inventory required by the Order of Appointment. Crt rules:- (1) Reserves (takes under advisement), motion to consider stip (#275). Further, consideration set 5/29/2012, at 2:30 PM.Mr. Marshall requests evidentiary hearing to occur next week.Crt orders:- (2) Cnsl to provide the Crt a (stip pretrial order) of the disputed issues & witnesses to be called, addressing those disputed issues, to be filed nlt 5/25/2012 re: (#294) OSC directed toAllen Jacobson & others for failure to tender receivership assets. Crt will continue the matter in all its aspects and will set an evidentiary hearing on the matter in due course.Crt schedules further hearing on 5/29/2012, at 2:30 PM re:(#275) further consideration of stipulation between the SEC and Wendell Jacobson; and(#300) further consideration of Third Motion to Amend/Correct Order Appointing Receiver, Freezing Assets and Other Relief relating to Allen Jacobson, Patriot American, LLC and motor vehicle. re #294 MOTION Order to Show Cause for Failure to Tender Receivership Assets filed by John A. Beckstead, #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief filed by Wendell A. Jacobson, Allen R. Jacobson, #275 Stipulated MOTION to Amend/Correct #4 Order Appointing Receiver filed by Securities and Exchange Commission. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Patti Walker.(Time Start: 1:30 PM, Time End: 3:45 PM, Room 420.) (mrw)
May 17, 2012 Opinion or Order Filing 319 ERRATA to #315 Memorandum in Support of Motion, #314 MOTION re #4 Order filed by Receiver John A. Beckstead . (Byers, Doyle)
May 17, 2012 Opinion or Order Filing 317 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION TO INTERVENE held on May 10, 2012 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Kellie Peterson, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 6/7/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/15/2012. (mlp) Modified by removing restricted text on 8/20/2012 (mlp).
May 16, 2012 Opinion or Order Filing 316 NOTICE OF HEARING regarding the following: 1. To consider the adequacy of Receiver's First Quarterly Status Report as of March 31, 2012. 2. To consider the Applications for Interim Compensation and Expenses of the following, filed May 8, 2012: Receiver: $152,884.53; Hollard & Hart: $712,536.21; Deloitte: $1,215,913.82; and WSRP: $112,090.86. 3. The Court will consider also the fixing of a date to consider the "Liquidation Plan of Receiver." HEARING SET FOR 6/1/2012, AT 10:00 A.M. IN ROOM 420. (kms)
May 16, 2012 Opinion or Order Filing 315 MEMORANDUM in Support re #314 MOTION re #4 Order filed by Receiver John A. Beckstead. (Byers, Doyle)
May 16, 2012 Opinion or Order Filing 314 MOTION re #4 Order filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Byers, Doyle)
May 15, 2012 Opinion or Order Filing 313 STIPULATION Notice of Continuance by Allen R. Jacobson. (Quesenberry, Stephen)
May 10, 2012 Opinion or Order Filing 327 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 5/10/2012.Argument & discussion heard. Crt rules:- Grants, (#260) motion to intervene (Bank Midwest).- Denies, (#262) motion for relief from receivership order. Mr. Sjoblom to provide copy of appraisal to the Bank and to the Crt.Prevailing to cnsl to prepare & submit order on both motions. re #262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Bank Midwest N.A., #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Bank Midwest N.A.. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson (Thacker).(Time Start: 3:10 PM, Time End: 3:55 PM, Room 420.) (mrw)
May 10, 2012 Opinion or Order Filing 312 NOTICE OF HEARING ON MOTION re: #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief : Motion Hearing set for 5/21/2012 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
May 9, 2012 Opinion or Order Filing 311 **SEALED DOCUMENT** Invoices of Receiver, Holland & Hart, LLP, Deloitte Financial Advisory Services LLP, and Wisan, Smith, Racker & Prescott, LLP filed in support #305 Declaration filed by Receiver John A. Beckstead. Document is over-length and has not been scanned. Document will be permanently retained in the sealed room. (jmr)
May 9, 2012 Opinion or Order Filing 310 AFFIDAVIT/DECLARATION of John A. Beckstead in Support re #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief filed by Receiver John A. Beckstead. (Beckstead, John)
May 9, 2012 Opinion or Order Filing 309 DECLARATION of John A. Beckstead re #275 Stipulated MOTION to Amend/Correct #4 Order Appointing Receiver filed by John A. Beckstead. (Beckstead, John)
May 9, 2012 Opinion or Order Filing 308 ORDER granting #299 Motion for Admission Pro Hac Vice of Sam M. Stricklin for Bank Midwest N.A.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 5/8/12. (jmr)
May 9, 2012 Opinion or Order Filing 307 ORDER granting #298 Motion for Admission Pro Hac Vice of Brian C. Mitchell for Bank Midwest N.A.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 5/8/12. (jmr)
May 9, 2012 Opinion or Order Filing 306 NOTICE OF CONVENTIONAL FILING of Invoices of Receiver, Holland & Hart, LLP, Deloitte Financial Advisory Services LLP, and Wisan, Smith, Racker & Prescott, LLP Filed in Support of First Declaration and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses filed by Receiver John A. Beckstead re #305 Declaration (Byers, Doyle)
May 8, 2012 Opinion or Order Filing 305 DECLARATION of John A. Beckstead and Application for Interim Compensation of Receiver and Professionals and Reimbursement of Expenses filed by John A. Beckstead. (Attachments: #1 Text of Proposed Order Proposed Order)(Byers, Doyle)
May 8, 2012 Opinion or Order Filing 304 REPLY to Response to Motion re #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Intervenor Defendant Bank Midwest N.A.. (Wilson, Kim)
May 8, 2012 Opinion or Order Filing 303 REPLY to Response to Motion re #262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit CBRE Appraisal)(Wilson, Kim)
May 8, 2012 Opinion or Order Filing 302 ORDER Granting Motion for Order to Show Cause for Failure to Tender Receivership Assets-, Motions terminated: #294 MOTION Order to Show Cause for Failure to Tender Receivership Assets filed by John A. Beckstead., ( Miscellaneous Hearing set for 5/21/2012 10:00 AM in Room 420.)See Order for details. Signed by Judge Bruce S. Jenkins on 5/8/12. (jmr)
May 8, 2012 Opinion or Order Filing 301 MEMORANDUM in Support re #300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quesenberry, Stephen)
May 7, 2012 Opinion or Order Filing 300 Third MOTION to Amend/Correct Amend Temporary Restraining Order, Order Appointing Receiver, Freezing Assets and Other Relief filed by Defendants Allen R. Jacobson, Wendell A. Jacobson. (Attachments: #1 Exhibit A - Schedule B-1, #2 Exhibit B - Patriot American, LLC)(Quesenberry, Stephen)
May 7, 2012 Opinion or Order Filing 299 MOTION for Admission Pro Hac Vice of Sam M. Stricklin with Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1587512, filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit ECF Registration Form, #3 Text of Proposed Order Proposed Order)(Georgelas, Tammy)
May 7, 2012 Opinion or Order Filing 298 MOTION for Admission Pro Hac Vice of Brian C. Mitchell with Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1587492, filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit ECF Registration Form, #3 Text of Proposed Order Proposed Order)(Georgelas, Tammy)
May 4, 2012 Opinion or Order Filing 297 SUBSTITUTION OF COUNSEL Stephen E. Quesenberry replacing D. Loren Washburn; Jennifer A. James and Neil A. Kaplan as counsel on behalf of Allen R. Jacobson. (Quesenberry, Stephen)
May 2, 2012 Opinion or Order Filing 295 MEMORANDUM in Support re #294 MOTION Order to Show Cause for Failure to Tender Receivership Assets filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marshall, Romaine)
May 2, 2012 Opinion or Order Filing 294 MOTION Order to Show Cause for Failure to Tender Receivership Assets filed by Receiver John A. Beckstead. (Marshall, Romaine)
May 2, 2012 Opinion or Order Filing 293 AMENDED NOTICE OF HEARING ON MOTION to consider #275 the stipulation between the SEC and Wendell Jacobson relating to the receivership and proposed amendment regarding the receivership. PLEASE NOTE: the court suggests to the parties that if receivership property is involved, it would be appropriate to include the input of the receiver. Motion Hearing is re-set for 5/18/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
May 1, 2012 Opinion or Order Filing 292 NOTICE OF HEARING ON MOTION to consider #275 the stipulation between the SEC and Wendell Jacobson relating to the receivership and proposed amendment regarding the receivership. PLEASE NOTE: the court suggests to the parties that if receivership property is involved, it would be appropriate to include the input of the receiver. Motion Hearing set for 5/14/2012 at 11:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
May 1, 2012 Opinion or Order Filing 291 ORDER Approving Settlement Agreement with CRVII Escena Lend, LLC-granting #277 Motion ; granting #280 Motion to Expedit. See order for details. Signed by Judge Bruce S. Jenkins on 5/1/12. (jmr)
April 30, 2012 Opinion or Order Filing 296 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing re: for approval of Settlement Agreement with CRVII Escena Lend, LLC (#277) held on 4/30/2012. Argument & discussion heard. Crt recesses 1:55 PM, reconvenes 2:40 PM. Argument & discussion continue. Crt rules:- Grants, motion for approval of Settlement Agreement with CRVII Escena Lend, LLC (#277). Attorney for Plaintiff: David Broadbent (for Rcvr Beckstead), Attorney for Defendant: Richard D. Burbidge. Court Reporter: Michelle Mallonee (Thacker).(Time Start: 1:25 PM:, Time End: 3:35 PM, Room 420.) (mrw)
April 30, 2012 Opinion or Order Filing 290 STATUS REPORT Receiver's First Quarterly Status Report as of March 31, 2012 by John A. Beckstead. (Beckstead, John)
April 30, 2012 Opinion or Order Filing 289 NOTICE OF HEARING ON MOTIONS re: #262 MOTION for Relief from Receivership Order, and #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. : Motion Hearing set for 5/10/2012 at 02:45 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
April 27, 2012 Opinion or Order Filing 288 AFFIDAVIT/DECLARATION of R. Scott Miller in Opposition re #262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A-Broker Opinion)(Sjoblom, J.)
April 27, 2012 Opinion or Order Filing 287 MEMORANDUM in Opposition re #262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A-December 24, 2008 Order)(Sjoblom, J.)
April 27, 2012 Opinion or Order Filing 286 MEMORANDUM in Opposition re #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A- December 24, 2008 Order)(Sjoblom, J.)
April 26, 2012 Opinion or Order Filing 285 Third ORDER granting #283 Motion for Extension of Time to Answer. Answer deadline updated for Allen R. Jacobson answer due 6/29/2012.. Signed by Judge Bruce S. Jenkins on 4/25/12. (jmr)
April 24, 2012 Opinion or Order Filing 284 NOTICE OF HEARING ON MOTION re: #277 MOTION for Approval of Settlement Agreement with CRVII Escena Lend, LLC : Motion Hearing set for 4/30/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
April 24, 2012 Opinion or Order Filing 283 Stipulated MOTION for Extension of Time to File Answer (Third Stipulated Motion) filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
April 23, 2012 Opinion or Order Filing 282 MEMORANDUM in Support re #281 MOTION to File Invoices Under Seal filed by Receiver John A. Beckstead. (Byers, Doyle)
April 23, 2012 Opinion or Order Filing 281 MOTION to File Invoices Under Seal filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Byers, Doyle)
April 23, 2012 Opinion or Order Filing 280 MOTION to Expedite Motion for Approval of Settlement Agreement with CRVII Escena Lend, LLC filed by Receiver John A. Beckstead. (Sjoblom, J.)
April 23, 2012 Opinion or Order Filing 279 AFFIDAVIT/DECLARATION of John A. Beckstead, Receiver in Support re #277 MOTION for Approval of Settlement Agreement with CRVII Escena Lend, LLC filed by Receiver John A. Beckstead. (Sjoblom, J.)
April 23, 2012 Opinion or Order Filing 278 MEMORANDUM in Support re #277 MOTION for Approval of Settlement Agreement with CRVII Escena Lend, LLC filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sjoblom, J.)
April 23, 2012 Opinion or Order Filing 277 MOTION for Approval of Settlement Agreement with CRVII Escena Lend, LLC filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
April 23, 2012 Opinion or Order Filing 276 NOTICE of withdrawal of requests for production of documents to the receiver by Wendell A. Jacobson (Quesenberry, Stephen)
April 19, 2012 Opinion or Order Filing 275 Stipulated MOTION to Amend/Correct #4 Order Appointing Receiver filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
April 19, 2012 Opinion or Order Filing 273 NOTICE OF WITHDRAWAL OF COUNSEL of Caleb J. Frischknecht filed by Caleb J. Frischknecht on behalf of Platinum Protection LLC (Frischknecht, Caleb)
April 12, 2012 Opinion or Order Filing 270 NOTICE OF HEARING ON MOTION re: #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. : Motion Hearing set for 5/18/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
April 11, 2012 Opinion or Order Filing 267 ORDER re #258 Withdrawal of Motion filed by Wendell A. Jacobson. IT IS HEREBY ORDERED that the hearing on said motion set for Friday, April 13, 2012, is vacated. Signed by Judge Bruce S. Jenkins on 4/9/12. (jmr)
April 10, 2012 Opinion or Order Filing 266 NOTICE of Appearance by Tammy B. Georgelas on behalf of Bank Midwest N.A. (Georgelas, Tammy)
April 10, 2012 Opinion or Order Filing 265 EXHIBITS filed by Bank Midwest N.A. re #261 Memorandum in Support of Motion,. (Wilson, Kim)
April 10, 2012 Opinion or Order Filing 264 EXHIBITS filed by Bank Midwest N.A. re #263 Memorandum in Support of Motion,. (Wilson, Kim)
April 10, 2012 Opinion or Order Filing 263 MEMORANDUM in Support re #262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit Affidavit of Jon J. Walker)(Wilson, Kim)
April 10, 2012 Opinion or Order Filing 262 MOTION from Receivership Order re #4 Order Bank Midwest, N.A., as successor-in-interest to Hillcrest Bank, N.A.'s Motion for Relief from Receivership Order filed by Intervenor Defendant Bank Midwest N.A.. (Wilson, Kim)
April 10, 2012 Opinion or Order Filing 261 MEMORANDUM in Support re #260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Intervenor Defendant Bank Midwest N.A.. (Attachments: #1 Exhibit Affidavit of Jon J. Walker)(Wilson, Kim)
April 10, 2012 Opinion or Order Filing 260 MOTION to Intervene Bank Midwest, N.A. as successor-in-interest to Hillcrest Bank, N.A. filed by Intervenor Defendant Bank Midwest N.A.. (Wilson, Kim)
April 10, 2012 Opinion or Order Filing 259 NOTICE of Appearance by Kim R. Wilson on behalf of Bank Midwest N.A. (Wilson, Kim)
April 9, 2012 Opinion or Order Filing 274 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Report & Scheduling Conference / re: plea in intervention held on 4/9/2012. Mr. Burbidge informs Crt that the matter has been settled & will submit order within next 20 days. Crt strikes the Status Report & Scheduling Conference. Attorney for Plaintiff: David Broadbent (for Rcvr Beckstead), Attorney for Defendant: Richard D. Burbidge. Court Reporter: Ray Fenlon.(Time Start: 1:20 PM, Time End: 1:25 PM, Room 420.) (mrw)
April 9, 2012 Opinion or Order Filing 258 WITHDRAWAL OF MOTION by Defendant Wendell A. Jacobson re #204 MOTION to Expedite ruling to Remove Circle J Farms from Receivership filed by Wendell A. Jacobson . (Quesenberry, Stephen)
April 4, 2012 Opinion or Order Filing 257 CERTIFICATE OF SERVICE by Wendell A. Jacobson Request for Production of Documents to the Receiver (Quesenberry, Stephen)
March 29, 2012 Opinion or Order Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on March 2, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Susette M. Snider, Telephone number 801-532-3441. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 4/19/2012. Redacted Transcript Deadline set for 4/30/2012. Release of Transcript Restriction set for 6/27/2012. (las) Modified by removing restricted text on 6/27/2012 (rks).
March 26, 2012 Opinion or Order Filing 254 NOTICE OF HEARING: Status Report and Scheduling Conference re: Plea in Intervention of CRVII Escena Lend, LLC [dkt. no. 214] set for 4/9/2012 01:20 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
March 23, 2012 Opinion or Order Filing 253 ANSWER to #214 Intervenor Complaint filed by John A. Beckstead.(Sjoblom, J.)
March 23, 2012 Opinion or Order Filing 252 Preliminary Injunction ORDER as to Defendant Wendell A. Jacobson-granting #152 Motion for Preliminary Injunction. Signed by Judge Bruce S. Jenkins on 3/23/12. (jmr)
March 23, 2012 Opinion or Order Filing 251 ORDER on March 19, 2012 Hearing, Motions terminated: #141 MOTION to Vacate filed by Wendell A. Jacobson., ( Discovery due by 8/1/2012., Proposed Pretrial Order due by 8/8/2012., Pretrial Conference set for 8/13/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins.). Signed by Judge Bruce S. Jenkins on 3/23/12. (jmr)
March 23, 2012 Opinion or Order Filing 250 Second ORDER Extending Deadline to File Answer of Defendant Allen R. Jacobson-granting #242 Motion for Extension of Time to Answer Answer deadline updated for Allen R. Jacobson-answer due 4/27/2012. Signed by Judge Bruce S. Jenkins on 3/23/12. (jmr)
March 23, 2012 Opinion or Order Filing 249 ORDER Striking #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Allen R. Jacobson, #135 and MOTION to Withdraw #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Allen R. Jacobson. It is further ordered that Mr. Jacobson may re-file his Motion to Vacate at an appropriate time in the future ifhe so chooses. Signed by Judge Bruce S. Jenkins on 3/23/12. (jmr)
March 22, 2012 Opinion or Order Filing 248 DECLARATION of Dustin Barrett re #245 Memorandum in Opposition to Motion filed by John A. Beckstead. (Attachments: #1 Errata 1: Circle J Account QuickReport, #2 Exhibit 2: Circle J's General Ledger)(Talbot, Cory)
March 22, 2012 Opinion or Order Filing 247 DECLARATION of Kenneth E. Bement re #245 Memorandum in Opposition to Motion filed by John A. Beckstead. (Attachments: #1 Exhibit 1: Circle J tax return for the 2000 tax year, #2 Exhibit 2: Circle J tax return for the 2001 tax year, #3 Exhibit 3: Circle J tax return for the 2002 tax year, #4 Exhibit 4: Circle J amended tax return for the 2002 tax year, #5 Exhibit 5: Circle J tax return for the 2003 tax year, #6 Exhibit 6: Circle J tax return for the 2004 tax year, #7 Exhibit 7: Circle J tax return for the 2005 tax year, #8 Exhibit 8: Circle J tax return for the 2006 tax year, #9 Exhibit 9: Circle J tax return for the 2007 tax year, #10 Exhibit 10: Circle J tax return for the 2008 tax year, #11 Exhibit 11: Circle J tax return for the 2009 tax year, #12 Exhibit 12: Circle J tax return for the 2010 tax year, #13 Exhibit 13:: Circle J tax return for the 2011 tax year)(Talbot, Cory)
March 22, 2012 Opinion or Order Filing 246 DECLARATION of Gerald Fujimoto re #245 Memorandum in Opposition to Motion filed by John A. Beckstead. (Attachments: #1 Exhibit 1: Receivership Entities, #2 Exhibit 2: Circle J Report, #3 Exhibit 3: MSI "Transactions by Account-La Maison APRTS 72" Report, #4 Exhibit 4: Transactions by Account-Inway Village 146 Units Report, #5 Exhibit 5: Cam Cam Report, #6 Exhibit 6: Operating Agreement of Abbie Lakes LLC, #7 Exhibit 7: Purchase and Sale Agreement, #8 Exhibit 8: Consent of the Manager of Greater Fredericksburg Apartments, LLC, #9 Exhibit 9: Partnership Interest Purchase and Sale Agreement, #10 Exhibit 10: First Amendment to Amended and Restated Company Agreement of Council-380, LLC, #11 Exhibit 11:Cam Cam Articles, #12 Exhibit 12: Cam Cam Bylaws, #13 Exhibit 13: Cam Cam EIN, #14 Exhibit 14: Cam Cam Consent)(Talbot, Cory)
March 22, 2012 Opinion or Order Filing 245 MEMORANDUM in Opposition re #204 MOTION to Expedite ruling to Remove Circle J Farms from Receivership filed by Receiver John A. Beckstead. (Talbot, Cory)
March 21, 2012 Opinion or Order Filing 244 NOTICE of Withdrawal of Motion by MSI Investor Group re #229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed (Hoole, Gregory)
March 21, 2012 Opinion or Order Filing 243 REQUEST for Removal from Service List filed by Intervenor Plaintiff Utah Community Bank. (Richards, Shawn)
March 21, 2012 Opinion or Order Filing 242 Stipulated MOTION for Extension of Time to File Answer (Second Stipulated Motion) filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
March 19, 2012 Opinion or Order Filing 272 Set/Reset Scheduling Order Deadlines: All Discovery (fact & expert) cutoff 8/1/2012. Final Pretrial Conference set for 8/13/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. Stip Proposed Pretrial Order due to chambers by 8/8/2012. (mrw)
March 19, 2012 Opinion or Order Filing 271 Modification of Docket: Error: Nonapproved Minute Entry. Correction: Approved Minute Entry. re 269 Motion Hearing, : Motion Hearing re: #1 (#177) Motion to continue hearing on the merits; #2 to consider the status of the Motion (#141) of M.S.I. and Wendell A. Jacobson to dissolve order appointing receiver and freezing assets as to Defendants M.S.I. and Wendell A. Jacobson and the scheduling, thereof and the need, if any, for an evidentiary hearing, thereon; and #3 scheduling of (#204) Motion to expedite ruling to remove Circle J Farms from Receivership: Argument & discussion heard. Crt schedules:- Evidentiary hearing re: (#204) Motion to remove Circle J Farms from Receivership; set 4/13/2012, at 2:00 PM.Crt schedules receiver to file answer in three (03) days nlt 3/22/2012.Argument & discussion heard re: (#177) Motion to continue hearing on the merits. Crt recesses 2:34 PM, reconvenes 2:45 PM. Argument & discussion continue.Crt grants motion as follows and schedules:- All discovery (fact & expert) cutoff 8/1/2012.- Final pretrial conference set 8/13/2012, at 9:30 AM.- Stip proposed final pretrial order due to chambers nlt 8/8/2012.Mr. Wadley to prepare & submit proposed scheduling order.- Mr. Quesenberry withdraws motion (#141) to dissolve order appointing receiver and freezing assets as to Defendants M.S.I. and Wendell A. Jacobson. (mrw)
March 19, 2012 Opinion or Order Filing 269 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 3/19/2012 re #204 MOTION to Expedite ruling to Remove Circle J Farms from Receivership filed by Wendell A. Jacobson, #177 MOTION to Continue the Hearing on the Merits filed by Securities and Exchange Commission. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson (Thacker).(Time Start: 1:50 PM, Time End: 3:15 PM, Room 420.) (mrw)
March 16, 2012 Opinion or Order Filing 241 ORDER granting MSI Investro Group's #170 Motion for Payment of Attorney Fees from Receivership Estate. Signed by Judge Bruce S. Jenkins on 3/16/12. (jmr)
March 16, 2012 Opinion or Order Filing 240 ORDER Sealing Documents Concerning the Receiver's Health-granting #237 Motion to Seal; granting #237 Motion to Seal Document #230 Memorandum in Support of Motion, #229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed. Signed by Judge Bruce S. Jenkins on 3/16/12. (jmr)
March 16, 2012 Opinion or Order Filing 239 MOTION to Expedite RULING ON MOTION FOR ORDER SEALING DOCUMENTS CONCERNING THE RECEIVER'S HEALTH filed by Receiver John A. Beckstead. (Sjoblom, J.)
March 16, 2012 Opinion or Order Filing 238 MEMORANDUM in Support re #237 MOTION to Seal re #230 Memorandum in Support of Motion, #229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed MOTION to Seal Document filed by Receiver John A. Beckstead. (Sjoblom, J.)
March 16, 2012 Opinion or Order Filing 237 MOTION to Seal re #230 Memorandum in Support of Motion, #229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed, MOTION to Seal Document filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
March 16, 2012 Opinion or Order Filing 236 REPLY to Response to Motion re #177 MOTION to Continue the Hearing on the Merits filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
March 15, 2012 Opinion or Order Filing 235 MEMORANDUM in Support re #234 MOTION to Strike #225 Reply Memorandum/Reply to Response to Motion, filed by Receiver John A. Beckstead. (Sjoblom, J.)
March 15, 2012 Opinion or Order Filing 234 MOTION to Strike #225 Reply Memorandum/Reply to Response to Motion, filed by Receiver John A. Beckstead. (Sjoblom, J.)
March 15, 2012 Opinion or Order Filing 233 ERRATA to #230 Memorandum in Support of Motion, filed by Amicus MSI Investor Group . (Hoole, Gregory)
March 14, 2012 Opinion or Order Filing 232 Ex Parte (Not Sealed) MOTION to Expedite Briefing and Determination of Emergency Motion for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed filed by Amicus MSI Investor Group. (Attachments: #1 Text of Proposed Order)(Hoole, Gregory)
March 14, 2012 Opinion or Order Filing 231 Ex Parte (Not Sealed) MOTION to Expedite Briefing and Determination of Emergency Motion for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed filed by Amicus MSI Investor Group. (Hoole, Gregory)
March 14, 2012 Opinion or Order Filing 230 MEMORANDUM in Support re #229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed filed by Amicus MSI Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoole, Gregory)
March 14, 2012 Opinion or Order Filing 229 Emergency MOTION for Order to Show Cause Why a Substitute Receiver Should Not Be Appointed filed by Amicus MSI Investor Group. (Hoole, Gregory)
March 13, 2012 Opinion or Order Filing 227 DECLARATION of Christina Miranda filed by Wendell A. Jacobson. (Quesenberry, Stephen)
March 13, 2012 Opinion or Order Filing 226 DECLARATION of James Jacobs filed by Wendell A. Jacobson. (Quesenberry, Stephen)
March 13, 2012 Opinion or Order Filing 225 REPLY to Response to Motion re #141 MOTION to Vacate /dissolve order appointing receiver and freezing assets filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit A - transcript hearing 12/15/2011, #2 Exhibit B - deposition Wendell Jacobson 1/30/2012)(Quesenberry, Stephen)
March 12, 2012 Opinion or Order Filing 224 AFFIDAVIT OF SERVICE for Subpoena to Testify at a Deposition served on Kim Anderson on 03/08/2012, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
March 12, 2012 Opinion or Order Filing 223 STATUS REPORT Liquidation Plan of Receiver by John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B)(Broadbent, David)
March 12, 2012 Opinion or Order Filing 222 NOTICE OF HEARING RE: SCHEDULING OF #204 MOTION to Expedite ruling to Remove Circle J Farms from Receivership : Scheduling hearing set for 3/19/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
March 9, 2012 Opinion or Order Filing 255 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 3/9/2012.Argument & discussion heard. Crt rules:- Denies, current motion for payment of atty fees from receiver estate (#170).Cnsl to provide Crt with case or analogy addressing the unchartered area. Mr. Wadley to prepare & submit order. re #170 MOTION for Attorney Fees to be Paid out of Receivership Estate filed by MSI Investor Group. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Becky Janke.(Time Start: 9:30 AM, Time End: 9:50 AM, Room 420.) (mrw)
March 7, 2012 Opinion or Order Filing 221 NOTICE OF HEARING ON MOTION to consider the status of the Motion #141 of M.S.I. and Wendell A. Jacobson to disolve order appointing receiver and freezing assets as to Defendant M.S.I. and Wendell A. Jacobson and the scheduling thereof and the need, if any, for an evidentiay hearing thereon: Motion Hearing set for 3/19/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
March 6, 2012 Opinion or Order Filing 219 NOTICE of Withdrawal of Intent to Request Redaction by Wendell A. Jacobson re #183 Notice of Intent to Request Redaction of transcript #164 , #169 and #175 (Quesenberry, Stephen) Modified by correcting the name of the notice being withdrawn creating links to the transcripts on 3/7/2012 (rks).
March 6, 2012 Opinion or Order Filing 217 REPORT OF ATTORNEY PLANNING MEETING. (Wadley, Daniel)
March 5, 2012 Opinion or Order Filing 216 NOTICE of Appearance by James B. Quesenberry on behalf of Wendell A. Jacobson (Quesenberry, James)
March 5, 2012 Opinion or Order Filing 215 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on February 15, 2012 before Judge BRUCE J. JENKINS. Court Reporter/Transcriber Kellie Peterson, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/4/2012. (las) Modified by removing restricted text on 6/4/2012 (rks).
March 2, 2012 Opinion or Order Filing 268 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 3/2/2012.Argument & discussion heard. Crt rules:- Grants, motion to consider (#194) Stipulation & Joint Motion to approve Payment of Funds and to Dismiss UTAH COMMUNITY BANK.Mr. Talbot to prepare & submit order.Argument & discussion heard. Ms. James to provide tax returns for Alan Jacobson for years 2008, 2009, & 2010, to Mr. Wadley (SEC) nlt 3/5/2012. Crt rules:- Grants, motion to consider proposed Second Order Amending TRO, and Order Appointing Receiver, Freezing Assets and other Relief (#200).Crt executes order with amendments with included paragraph 8. re #194 MOTION STIPULATION AND JOINT MOTION TO APPROVE PAYMENT OF FUNDS AND MOTION to Dismiss Party UTAH COMMUNITY BANK filed by John A. Beckstead. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Susette Snider (CitiCourt).(Time Start: 1:15 PM, Time End: 2:30 PM, Room 420.) (mrw)
March 2, 2012 Opinion or Order Filing 214 Intervenor COMPLAINT against, filed by CRVII Escena Lend, LLC. (jmr)
March 2, 2012 Opinion or Order Filing 213 MEMORANDUM in Opposition re #177 MOTION to Continue the Hearing on the Merits filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit A - Order Directing Private Investigation, #2 Exhibit B - document subpoenas on Dan Byer, #3 Exhibit C - Thunder Bay Mortgage Company, #4 Exhibit D - Frost deposition 94-95, #5 Exhibit E - Management Solutions, Inc., #6 Exhibit F - Kenneth E. Bement, #7 Exhibit G - Sherman Hill, #8 Exhibit H - J. Martin Tate, #9 Exhibit I - summary of subpoenas, #10 Exhibit J - correspondence, #11 Exhibit K - hearing transcript 25-26, #12 Exhibit L - hearing transcript 13, #13 Exhibit M - hearing transcript 7, #14 Exhibit N - letter interest TRW Group/DMG Asset, #15 Exhibit O - letter interest TRW Group/DGM Asset, #16 Exhibit P - summary personal guarantees)(Quesenberry, Stephen)
March 2, 2012 Opinion or Order Filing 212 ORDER denying #98 Motion for Relief from Order Restraining CRVII Escena Lend, LLC without prejudice. Signed by Judge Bruce S. Jenkins on 3/2/12. (jmr)
March 2, 2012 Opinion or Order Filing 211 Second ORDER Amending Temporary Restraining Order, and Order Appointing Receiver, Freezing Assets and Other Relief. See order for details. Signed by Judge Bruce S. Jenkins on 3/2/12. (jmr)
March 2, 2012 Opinion or Order Filing 210 ORDER Approving Stipulation and Granting Joint Motion to Approve Payment of Funds and to Dismiss Utah Community Bank-granting #194 Motion ; granting #194 Motion to Dismiss Party. Utah Community Bank terminated. Signed by Judge Bruce S. Jenkins on 3/2/12. (jmr)
March 1, 2012 Opinion or Order Filing 209 ORDER of the Court Granting Motion of CRVII Escena Lend, LLC to intervene-granting #97 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 2/29/12. (jmr)
February 27, 2012 Opinion or Order Filing 208 MEMORANDUM in Opposition re #143 Defendant's MOTION to Vacate Motion to Dissolve Order Appointing Receiver and Freezing Assets as to Defendant MSI and Defendant Wendell Jacobson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A-1 Jacobson Dep. 1/30/2012, #2 Exhibit A-2 Jacobson Dep. 2/6/2012 Part 1, #3 Exhibit A-2 Jacobson Dep. 2/6/2012 Part 2, #4 Exhibit B 12/15/2011 Hearing Transcript, #5 Exhibit C Declaration of John A. Beckstead)(Wadley, Daniel)
February 27, 2012 Opinion or Order Filing 207 ORDER Confirming Private Sale of Receivership's Bristle Pines Place Properties-See order for details. Signed by Judge Bruce S. Jenkins on 2/27/12. (jmr)
February 27, 2012 Opinion or Order Filing 206 ORDER Confirming Appointment of Three Appraisers-See order for details. Signed by Judge Bruce S. Jenkins on 2/27/12. (jmr)
February 24, 2012 Opinion or Order Filing 218 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 2/24/2012.Argument & discussion heard. Crt rules:- Grants, receivors petition.Mr. Talbot to prepare & submit order on sale & submit separate order on appointment of appraisers.Six (06) Receivor exhibits submitted for the records (1 -6) of appraisals. re #157 MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by John A. Beckstead. Attorney for Plaintiff: Cory A. Talbot (for Rcvr Beckstead:), Attorney for Defendant: No Appearance. Court Reporter: Patti Walker.(Time Start: 10:00 AM, Time End: 10:15 AM, Room 420.) (mrw)
February 24, 2012 Opinion or Order Filing 205 MOTION to Expedite ruling memorandum supporting motion to remove Circle J Farms from Receivership filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit Limited Partnership Agreement Circle J. Farms, #2 Exhibit Email from John Beckstead)(Quesenberry, Stephen)
February 24, 2012 Opinion or Order Filing 204 MOTION to Expedite ruling to Remove Circle J Farms from Receivership filed by Defendant Wendell A. Jacobson. (Attachments: #1 Text of Proposed Order)(Quesenberry, Stephen)
February 24, 2012 Opinion or Order Filing 203 ORDER granting #153 Motion for Leave to Appear Amicus Curiae. Signed by Judge Bruce S. Jenkins on 02/24/2012. (asp)
February 24, 2012 Opinion or Order Filing 202 NOTICE OF HEARING re: to consider proposed Second Order Amending TRO, and Order Appointing Receiver, Freezing Assets and other Relief; and to consider #194 STIPULATION AND JOINT MOTION TO APPROVE PAYMENT OF FUNDS AND to Dismiss UTAH COMMUNITY BANK : Motion Hearing set for 3/2/2012 at 01:15 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 23, 2012 Opinion or Order Filing 201 ORDER on Defendant Wendell Jacobson's Motion for a Protective Order-granting #76 Motion for Protective Order. Signed by Judge Bruce S. Jenkins on 2/23/12. (jmr)
February 23, 2012 Opinion or Order Filing 200 STIPULATION re #4 Order, #3 Order on Motion for TRO by Allen R. Jacobson, Securities and Exchange Commission. (Attachments: #1 Exhibit Text of Proposed Order, #2 Exhibit Declaration of John A. Beckstead)(Washburn, D.)
February 23, 2012 Opinion or Order Filing 199 NOTICE OF HEARING ON MOTION re: #170 MOTION for Attorney Fees to be Paid out of Receivership Estate : Motion Hearing set for 3/9/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 23, 2012 Opinion or Order Filing 198 REPLY to Response to Motion re #170 MOTION for Attorney Fees to be Paid out of Receivership Estate filed by Movant MSI Investor Group. (Hoole, Gregory)
February 22, 2012 Opinion or Order Filing 195 RESPONSE re #76 MOTION for Protective Order ,Proposed order on Defendant Wendell A. Jacobson's Motion for a Protective Order filed by Wendell A. Jacobson. (Quesenberry, Stephen) Modified on 2/23/2012-filed in error. (jmr).
February 22, 2012 Opinion or Order Filing 194 MOTION STIPULATION AND JOINT MOTION TO APPROVE PAYMENT OF FUNDS AND , MOTION to Dismiss Party UTAH COMMUNITY BANK filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
February 22, 2012 Opinion or Order Filing 190 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Bart Payne on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 22, 2012 Opinion or Order Filing 189 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Haven Barlow on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 22, 2012 Opinion or Order Filing 188 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Alan Noall on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 22, 2012 Opinion or Order Filing 187 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Boyd Summerhays on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 22, 2012 Opinion or Order Filing 186 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Jeff Hummel on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 22, 2012 Opinion or Order Filing 185 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Subpoena to Appear and Testify at a Hearing served on Truman Clawson on 02/06/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 21, 2012 Opinion or Order Filing 184 MEMORANDUM in Opposition re #170 MOTION for Attorney Fees to be Paid out of Receivership Estate filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A - SEC's Billing Guidelines)(Sjoblom, J.)
February 21, 2012 Opinion or Order Filing 183 NOTICE of Intent to Request Redaction by Wendell A. Jacobson re #169 Transcript,,,, #164 Transcript,,,, #175 Transcript,,,, (Quesenberry, Stephen)
February 21, 2012 Opinion or Order Filing 182 NOTICE OF HEARING ON MOTION re: #177 MOTION to Continue the Hearing on the Merits : Motion Hearing set for 3/19/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 21, 2012 Opinion or Order Filing 181 ORDER Extending Deadline to File Answer of Defendant Allen R. Jacobson- granting #180 Motion for Extension of Time to Answer. Answer deadline updated for Allen R. Jacobson answer due 3/27/2012. Signed by Judge Bruce S. Jenkins on 2/21/12. (jmr)
February 17, 2012 Opinion or Order Filing 180 Stipulated MOTION for Extension of Time to File Answer filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
February 16, 2012 Opinion or Order Filing 179 ORDER granting #174 Motion for Extension of Time to File Response/Reply re #141 MOTION to Vacate. Responses due by 2/27/2012. Signed by Judge Bruce S. Jenkins on 02/15/2012. (asp)
February 16, 2012 Opinion or Order Filing 178 MEMORANDUM in Support re #177 MOTION to Continue the Hearing on the Merits filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
February 16, 2012 Opinion or Order Filing 177 MOTION to Continue the Hearing on the Merits filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
February 16, 2012 Opinion or Order Filing 175 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE/MOTION HEARINGS held on FEBRUARY 7, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Michelle Mallonee, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/8/2012. Redacted Transcript Deadline set for 3/19/2012. Release of Transcript Restriction set for 5/16/2012. (las) Modified by adding redaction alert on 2/24/2012 (rks). Modified by removing redaction alert (notice withdrawn) on 3/7/2012 (rks). Modified by removing restricted text on 5/16/2012 (rks).
February 15, 2012 Opinion or Order Filing 197 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 2/15/2012.Argument & discussion heard. Crt rules:- Grants, motion to intervene by Movant CRVII Escena Lend, LLC (#97). No objection by Mr. Broadbent.- Denies, motion to vacate stay re: for relief from order restraining CRVII Escena Lend, LLC (#98).Mr. Burbidge to prepare & submit order on motion to intervene. Mr. Broadbent to prepare & submit order on motion to vacate stay. re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by CRVII Escena Lend, LLC, #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by CRVII Escena Lend, LLC. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson.(Time Start: 2:00 PM, Time End: 3:15 PM, Room 420.) (mrw)
February 15, 2012 Opinion or Order Filing 174 Stipulated MOTION for Extension of Time to File Response/Reply as to #141 MOTION to Vacate, #142 Memorandum in Support of Motion,, filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
February 14, 2012 Opinion or Order Filing 173 Wendell A. Jacobson's ANSWER to #1 Complaint with Jury Demand filed by Wendell A. Jacobson.(Quesenberry, Stephen)
February 14, 2012 Opinion or Order Filing 172 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Appear and Testify at a Hearing served on Chad Leavitt on 2/9/2012, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 13, 2012 Opinion or Order Filing 171 MEMORANDUM in Support re #170 MOTION for Attorney Fees to be Paid out of Receivership Estate filed by Movant MSI Investor Group. (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)(Hoole, Gregory)
February 13, 2012 Opinion or Order Filing 170 MOTION for Attorney Fees to be Paid out of Receivership Estate filed by Movant MSI Investor Group. (Attachments: #1 Text of Proposed Order)(Hoole, Gregory)
February 13, 2012 Opinion or Order Filing 169 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on February 2, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Diane W. Flanagan, Telephone number 801-532-3441. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (las) Modified by adding redaction alert on 2/24/2012 (rks). Modified by removing redaction alert (notice withdrawn) on 3/7/2012 (rks). Modified by removing restricted text on 5/16/2012 (rks).
February 10, 2012 Opinion or Order Filing 228 Modification of Docket: Error: Nonapproved Minute Entry. Correction: Approved Minute Entry. re 196 Motions Hearing,. Argument & discussion heard. Crt rules:- Grants, (Dkt #54) Motion for Protective Order. Mr. Quesenberry to prepare order & SEC to sign-off on the order.- Strikes, (Dkt #134) Stipulated Motion for Preliminary Injunction as to Allen R. Jacobson; subject to resetting upon appropriate application.- Grants, (Dkt #153) Stipulated Motion for Leave to Appear Amicus Curiae filed by Movant MSI Investor Group. Mr. Hoole to prepare & submit order.- Strikes, (Dkt #135) MOTION to Withdraw Motion to Vacate Order Appointing Receiver & (Dkt #36) MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson. Mr. Washburn to prepare & submit order. - Denied, (Dkt #133) Stipulation regarding Amendment to TRO, Order Accelerating Discovery and OSC and Order Appointing Receiver, Freezing Assets and other Relief; to continue TRO, suggested need to involve the Receiver & the SEC. Cnsl to submit stip order to the continuance of TRO..Mr. Quesenberry agrees to consolidate 2/13/2012, motion for preliminary injunction hearing, with the hearing on the merits.Mr. Washburn agrees to consolidate 2/13/2012, motion for preliminary injunction hearing, with the hearing on the merits.Crt schedules:- Motion for preliminary injunction hearing set on 2/13/2012, consolidated with the hearing on the merits, provisionally set 5/21/2012, at 9:30 AM, set for 5-10 days. Cnsl to submit proposed order relating to the continuance & consolidation of hearings. (mrw)
February 10, 2012 Opinion or Order Filing 196 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motions Hearing held on 2/10/2012 Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Becky Janke.(Time Start: 9:30 AM, Time End: 10:10 AM, Room 420.) (mrw)
February 10, 2012 Opinion or Order Filing 166 ORDER for Hearing on Confirmation of Private Sale, Motions terminated: #157 MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by John A. Beckstead., ( Form due by 2/27/2012., Miscellaneous Hearing set for 2/24/2012 10:00 AM in Room 420.). Signed by Judge Bruce S. Jenkins on 2/9/12. (jmr)
February 10, 2012 Opinion or Order Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE/MOTION HEARINGS held on FEBRUARY 3, 2012 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Michelle Mallonee, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/2/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/10/2012. (las) Modified by adding redaction alert on 2/24/2012 (rks). Modified by removing redaction alert (notice withdrawn) on 3/7/2012 (rks). Modified by removing restricted text on 5/10/2012 (rks).
February 9, 2012 Opinion or Order Filing 163 MEMORANDUM in Support re #162 MOTION to Strike The Appraisal Report filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Exhibit A)(Gross, Jefferson)
February 9, 2012 Opinion or Order Filing 162 MOTION to Strike The Appraisal Report filed by Movant CRVII Escena Lend, LLC. (Gross, Jefferson)
February 9, 2012 Opinion or Order Filing 161 REPLY to Response to Motion re #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Exhibit A)(Gross, Jefferson)
February 9, 2012 Opinion or Order Filing 160 REPLY to Response to Motion re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Gross, Jefferson)
February 9, 2012 Opinion or Order Filing 159 MEMORANDUM in Support re #157 MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Talbot, Cory)
February 9, 2012 Opinion or Order Filing 158 RE-FILED CORRECTLY AS #159 MEMO IN SUPPORT - MEMORANDUM in Opposition re #157 MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Talbot, Cory) Modified on 2/9/2012: added re-filing info (alt)
February 9, 2012 Opinion or Order Filing 157 MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
February 9, 2012 Opinion or Order Modification of Docket re #158 Memorandum in Opposition to Motion. Error: Filer called to indicate that document was incorrectly filed as an opposition to filer's own motion. Correction: Document will be re-filed as a Memorandum in Support of filer's motion. (alt)
February 8, 2012 Opinion or Order Filing 156 Stipulated MOTION to Continue Hearing on Preliminary Injunction filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
February 8, 2012 Opinion or Order Filing 155 NOTICE OF HEARING ON MOTION re: #153 to consider Stipulated Motion to Appear as Amicus Curiae : Motion Hearing set for 2/10/2012 at 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 8, 2012 Opinion or Order Filing 154 NOTICE OF HEARING ON MOTION re: #152 to consider Stipulated MOTION for Preliminary Injunction and Other Relief as to Defendant Wendell A. Jacobson : Motion Hearing set for 2/10/2012 at 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 8, 2012 Opinion or Order Filing 153 MOTION for Leave to Appear Amicus Curiae filed by Movant MSI Investor Group. (Attachments: #1 Text of Proposed Order)(Hoole, Gregory)
February 8, 2012 Opinion or Order Filing 152 Stipulated MOTION for Preliminary Injunction and Other Relief as to Defendant Wendell A. Jacobson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
February 7, 2012 Opinion or Order Filing 193 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference re: as requested by cnsl held on 2/7/2012.Argument & discussion heard. Mr. Quesenberry requests preliminary injunction hearing be continued. Crt rules:- Denies, continuing preliminary injunction hearing set 2/13/2012. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Michelle Mallonee (Thacker).(Time Start: 1:30 PM, Time End: 1:50 PM, Room 420.) (mrw)
February 7, 2012 Opinion or Order Filing 151 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Appear and Testify at a Hearing served on Dustin Barrett on 2/5/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 7, 2012 Opinion or Order Filing 150 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Appear and Testify at a Hearing served on Loraine Jacobson on 2/2/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 7, 2012 Opinion or Order Filing 149 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Produce Documents served on Zions Bank on 2/3/12, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 7, 2012 Opinion or Order Filing 148 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Produce Documents served on Chase Bank on 2/3/2012, filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
February 6, 2012 Opinion or Order Filing 147 NOTICE OF HEARING: Status Conference, as requested by counsel, set for 2/7/2012 at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 6, 2012 Opinion or Order Filing 146 EXHIBITS filed by John A. Beckstead re #145 Affidavit/Declaration in Opposition to Motion,,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sjoblom, J.)
February 6, 2012 Opinion or Order Filing 145 AFFIDAVIT/DECLARATION of Luciano Bettin in Opposition re #104 Ex Parte (Not Sealed) MOTION to Expedite BRIEFING AND CONSIDERATION OF ESCENA LENDERS (1) MOTION TO INTERVENE AND (2) MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC , #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED), #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sjoblom, J.)
February 6, 2012 Opinion or Order Filing 144 MEMORANDUM in Opposition re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED), #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Receiver John A. Beckstead. (Sjoblom, J.)
February 3, 2012 Opinion or Order Filing 192 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial Conference held on 2/3/2012, Motion Hearing held on 2/3/2012 re #127 .MOTION to Take Deposition from Wendell A. Jacobson Motion for Additional Time to Depose Wendell Jacobson and for Expedited Ruling filed by Securities and Exchange Commission. Argument & discussion heard. Crt rules:- Grants, motion for additional time to depose Wendell Jacobsen (#127). Deposition to continue on 2/6/2012, at 9:30 AM.Discussion on Final Pretrial. Crt recesses 10:50 AM, reconvenes 11:10 AM. Discussion continues. Crt recesses at 12:01 PM, reconvenes 2:00 PM. Discussion continues. Exhibits stricken: SEC Exhibit List - 1, 2, 13, & 57; Wendell Jacobson Exhibit List - 46, 47, & 56, noted on the record.Cnsl to meet & resubmit amended, stip proposed final pretrial order due, to chambers nlt 2/8/2012, at 5:00 PM.Crt schedules:- Vacates, hearing set 2/6/2012, at 10:00 AM. SEC to keep sealed the motion for protective order, originally to be considered on 2/6/2012. - Continues, final pretrial conference / motions related to restraining order & alleged stipulation filed by Allen Jacobson. Previously, set motions may be considered on 2/10/2012, at 9:30 AM. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Michelle Mallonee (Thacker).(Time Start: 9:35 AM, Time End: 3:30 PM, Room 420.) (mrw)
February 3, 2012 Opinion or Order Filing 143 Defendant's MOTION to Vacate Motion to Dissolve Order Appointing Receiver and Freezing Assets as to Defendant MSI and Defendant Wendell Jacobson filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen) Modified on 2/6/2012-termed as it is the same as motion #141 (jmr).
February 3, 2012 Opinion or Order Filing 142 Defendant's MEMORANDUM in Support re #141 Defendant's MOTION to Withdraw Motion to Dissolve Order Appointing Receiver and Freezing Assets as to Defendant MSI and Defendant Wendell Jacobson Memorandum in Support of Motion to Dissolve Order Appointing Receiver and Freezing Assets as to Defendant MSI and Defendant Wendell Jacobson and in Opposition to TRO filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit Motion Hearing Transcript)(Quesenberry, Stephen)
February 3, 2012 Opinion or Order Filing 141 Defendant's MOTION to WithdrawVacate Motion to Dissolve Order Appointing Receiver and Freezing Assets as to Defendant MSI and Defendant Wendell Jacobson filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen) Modified on 2/6/2012 to change motion into a Motion to Vacate (jmr).
February 3, 2012 Opinion or Order Filing 140 NOTICE OF CONTINUED PRETRIAL CONFERENCE AND HEARING ON MOTIONS re: #54 MOTION to Quash and for Protective Order; to consider #133 Stipulation regarding Amendment to TRO, Order Accelerating Discovery and OSC and Order Appointing Receiver, Freezing Assets and other Relief; #134 to consider Stipulation for Entry of Preliminary Injunction as to Allen R. Jacobson; and to consider #135 MOTION to Withdraw Motion to Vacate Order Appointing Receiver: Motion Hearing set for 2/10/2012 at 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 3, 2012 Opinion or Order Filing 139 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Utah Community Bank as to Carmen Lenhof Israelsen, LLP served on 1/11/2012, answer due 2/1/2012. (Moesinger, Gregory)
February 3, 2012 Opinion or Order Filing 138 ORDER Denying MSI Investor Group's Motion to Intervene-denying #57 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 2/3/12. (jmr)
February 2, 2012 Opinion or Order Filing 191 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 2/2/2012 re #57 MOTION to Intervene #57 filed by MSI Investor Group. Argument & discussion heard. Crt rules:- Denies, motion to intervene. In the alternative, investors may become amicus.Mr. Hoole to prepare & submit stip order. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Diane W. Flanagan (CitiCourt).(Time Start: 1:30 PM, Time End: 2:30 PM, Room 420.) (mrw)
February 2, 2012 Opinion or Order Filing 137 Fifth ORDER Authorizing Receiver to Terminate Certain Employee and For Expedited Ruling-granting #121 Motion to Expedite. Signed by Judge Bruce S. Jenkins on 2/2/12. (jmr)
February 2, 2012 Opinion or Order Filing 136 Fourth ORDER Authorizing Receiver to Terminate Certain Individuals as Employees and for Expedited Ruling-granting #119 Motion to Expedite. Signed by Judge Bruce S. Jenkins on 2/2/12. (jmr)
February 2, 2012 Opinion or Order Filing 135 MOTION to Withdraw #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
February 2, 2012 Opinion or Order Filing 134 Stipulated MOTION for Preliminary Injunction as to Allen R. Jacobson filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
February 2, 2012 Opinion or Order Filing 133 Stipulated MOTION to Amend/Correct #4 Order, #3 Order on Motion for TRO filed by Defendant Allen R. Jacobson. (Attachments: #1 Text of Proposed Order)(James, Jennifer)
February 2, 2012 Opinion or Order Filing 132 REPLY to Response to Motion re #76 MOTION for Protective Order Reply Memorandum in Support of a Motion for Protective Order filed by Defendant Wendell A. Jacobson. (Infanger, Christopher)
February 2, 2012 Opinion or Order Filing 131 Defendant's MEMORANDUM in Opposition re #127 MOTION to Take Deposition from Wendell A. Jacobson Motion for Additional Time to Depose Wendell Jacobson and for Expedited Ruling filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit Somerset Studios v. School Specialty, #2 Exhibit Phillip Adams v. Fujitsu Limited, #3 Exhibit Deposition of Wendell Jacobson)(Quesenberry, Stephen)
February 2, 2012 Opinion or Order Filing 130 NOTICE OF HEARING ON MOTION re: #127 MOTION for Additional Time to Depose Wendell A. Jacobson: Motion Hearing set for 2/3/2012 at 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
February 1, 2012 Opinion or Order Filing 129 Defendant's RESPONSE Certificate of Service of Wendell Jacobson's Response to Plaintiff's First Set of Interrogatories filed by Wendell A. Jacobson. (Quesenberry, Stephen)
January 31, 2012 Opinion or Order Filing 128 MEMORANDUM in Support re #127 MOTION to Take Deposition from Wendell A. Jacobson Motion for Additional Time to Depose Wendell Jacobson and for Expedited Ruling filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
January 31, 2012 Opinion or Order Filing 127 MOTION to Take Deposition from Wendell A. Jacobson Motion for Additional Time to Depose Wendell Jacobson and for Expedited Ruling filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
January 31, 2012 Opinion or Order Filing 126 ORDER granting #108 Motion to Expedite; granting #108 Motion to Remove Escena Properties, L.P. from Receivership. Signed by Judge Bruce S. Jenkins on 1/31/12. (jmr)
January 31, 2012 Opinion or Order Filing 125 NOTICE of Vacated Hearing by John A. Beckstead re #114 Memorandum in Support of Motion, #113 MOTION to Compel Defendant Allen R. Jacobsen to Turn Over Previously Undisclosed Laptop Computer to the Receiver (Sjoblom, J.)
January 31, 2012 Opinion or Order Filing 124 REPLY to Response to Motion re #57 MOTION to Intervene filed by Movant MSI Investor Group. (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, #11 Exhibit K)(Hoole, Gregory)
January 31, 2012 Opinion or Order Filing 123 ORDER-See order for details. Signed by Judge Bruce S. Jenkins on 1/31/12. (jmr)
January 30, 2012 Opinion or Order Filing 168 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 1/30/2012.Argument & discussion heard. No objection. Crt rules:- Grants, motion to remove Escena Properties, L.P., from receivership (#108).Mr. Broadbent to prepare & submit order, noting the matter has been properly noticed & that there are no objections by SEC, to be submitted within 5 days. re #108 MOTION to Expedite Ruling on Motion to Remove Escena Properties, L.P. from Receivership MOTION Motion to Remove Escena Properties, L.P. from Receivership filed by John A. Beckstead. Attorney for Plaintiff: Thomas M. Melton, Attorney for Defendant: David Broadbent. Court Reporter: Nancy Fullmer (Thacker).(Time Start: 1:30 PM, Time End: 1:50 PM, Room 420.) (mrw)
January 30, 2012 Opinion or Order Filing 122 MEMORANDUM in Support re #121 Fifth MOTION to Expedite Ruling Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 30, 2012 Opinion or Order Filing 121 Fifth MOTION to Expedite Ruling Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 30, 2012 Opinion or Order Filing 120 MEMORANDUM in Support re #119 Fourth MOTION to Expedite Ruling Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 30, 2012 Opinion or Order Filing 119 Fourth MOTION to Expedite Ruling Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 27, 2012 Opinion or Order Filing 118 NOTICE OF HEARING: Status Report and Scheduling Conference re: Motion for Order Compelling Defendant Allen R. Jacobson to Turn Over Previously Undisclosed Laptop Computer to the Receiver, set for 1/31/2012, at 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 27, 2012 Opinion or Order Filing 117 NOTICE of Appearance by Alison J. Okinaka on behalf of Securities and Exchange Commission. (jmr)
January 27, 2012 Opinion or Order Filing 116 NOTICE of Appearance by Paul N. Feindt on behalf of Securities and Exchange Commission. (jmr)
January 27, 2012 Opinion or Order Filing 115 AFFIDAVIT/DECLARATION of Tracy J. Crane in Support re #113 MOTION to Compel Defendant Allen R. Jacobsen to Turn Over Previously Undisclosed Laptop Computer to the Receiver filed by Receiver John A. Beckstead. (Attachments: #1 Exhibit A-Laptop cases, #2 Exhibit B-Printer, #3 Exhibit C-Geek Squad Folder, #4 Exhibit D-Computer Laptop Receipts Folder, #5 Exhibit E-Geek Squad Folder Contents, #6 Exhibit F-Resetting Password, #7 Exhibit G-Resetting Password, #8 Exhibit H-Crane to Washburn email, #9 Exhibit I-Washburn Response to Crane email, #10 Exhibit J-Crane reply to Washburn email)(Sjoblom, J.)
January 27, 2012 Opinion or Order Filing 114 MEMORANDUM in Support re #113 MOTION to Compel Defendant Allen R. Jacobsen to Turn Over Previously Undisclosed Laptop Computer to the Receiver filed by Receiver John A. Beckstead. (Sjoblom, J.)
January 27, 2012 Opinion or Order Filing 113 MOTION to Compel Defendant Allen R. Jacobsen to Turn Over Previously Undisclosed Laptop Computer to the Receiver filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
January 26, 2012 Opinion or Order Filing 112 NOTICE OF HEARING ON MOTION re: #57 MOTION to Intervene : Motion Hearing set for 2/2/2012, at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 26, 2012 Opinion or Order Filing 111 NOTICE OF HEARING ON MOTION re: #108 MOTION to Remove Escena Properties, L.P. from Receivership : Motion Hearing set for 1/30/2012, at 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 26, 2012 Opinion or Order Filing 110 ORDER Authorizing Receiver to Terminate Greg Bailey- re #38 MOTION to Intervene filed by Greg B. Bailey, #29 MOTION to Expedite for Order Authorizing Receiver to Terminate Certain Employees and for Expedited Ruling filed by John A. Beckstead, Motions terminated: #38 MOTION to Intervene filed by Greg B. Bailey. See order for details. Signed by Judge Bruce S. Jenkins on 1/26/12. (jmr)
January 25, 2012 Opinion or Order Filing 167 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 1/25/2012.Argument & discussion heard. Crt rules:- Grants, motion for protective order (#76).- Grants, motion to compel (#80) deposition of Mr. Jacobsen at SEC offices on 1/30/2012, at 9:30 AM.Persons to be present at deposition are limited to SEC attorneys of record in this case,Mr. Scott Frost, deponent, court reporter, deponents attorney(s) of record in this case, ONLY, no others.Crt schedules:- Stip proposed final pretrial order due to chambers nlt 2/2/2012.Mr. Wadley to prepare & submit proposed order within 5 days. re #76 MOTION for Protective Order filed by Wendell A. Jacobson, #80 MOTION to Compel Deposition Testimony of Wendell Jacobson filed by Securities and Exchange Commission. Attorney for Plaintiff: Thomas M. Melton, Daniel J. Wadley, Attorney for Defendant: Stephen F. Quesenberry. Court Reporter: Diane W. Flanagan (CitiCourt).(Time Start: 2:30 PM, Time End: 2:50 PM, Room 420.) (mrw)
January 25, 2012 Opinion or Order Filing 109 MEMORANDUM in Support re #108 MOTION to Expedite Ruling on Motion to Remove Escena Properties, L.P. from Receivership MOTION Motion to Remove Escena Properties, L.P. from Receivership filed by Receiver John A. Beckstead. (Talbot, Cory)
January 25, 2012 Opinion or Order Filing 108 MOTION to Expedite Ruling on Motion to Remove Escena Properties, L.P. from Receivership , MOTION Motion to Remove Escena Properties, L.P. from Receivership filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Talbot, Cory)
January 25, 2012 Opinion or Order Filing 107 NOTICE OF HEARING ON MOTIONS re: #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED), #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED) : Motion Hearing set for 2/15/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 25, 2012 Opinion or Order Filing 106 ORDER granting #104 Motion to Expedite Briefing. See order for details. Signed by Judge Bruce S. Jenkins on 1/25/2012. (kms)
January 25, 2012 Opinion or Order Filing 105 ORDER Authorizing Receiver to Terminate Certain Individuals as Employees-granting #62 Motion to Expedite; granting #64 Motion to Expedite. Signed by Judge Bruce S. Jenkins on 1/25/12. (jmr)
January 25, 2012 Opinion or Order Filing 104 Ex Parte (Not Sealed) MOTION to Expedite BRIEFING AND CONSIDERATION OF ESCENA LENDERS (1) MOTION TO INTERVENE AND (2) MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Text of Proposed Order)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 103 AFFIDAVIT/DECLARATION of Jefferson W. Gross in Support re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED), #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Exhibit A and Exhibit B)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 102 AFFIDAVIT/DECLARATION of M. Timothy Clark in Support re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED), #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (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, #11 Exhibit K, #12 Exhibit L)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 101 NOTICE OF HEARING ON MOTION re: #54 MOTION for Protective Order MOTION to Quash Subpoenas Duces Tecum to Non-Parties : Motion Hearing set for 2/6/2012 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 25, 2012 Opinion or Order Filing 100 MEMORANDUM in Support re #98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 99 MEMORANDUM in Support re #97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Exhibit A)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 98 MOTION FOR RELIEF FROM ORDER RESTRAINING CRVII ESCENA LEND, LLC re #4 Order (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 Text of Proposed Order)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 97 MOTION to Intervene (EXPEDITED BRIEFING AND HEARING REQUESTED) filed by Movant CRVII Escena Lend, LLC. (Attachments: #1 PLEA IN INTERVENTION OF CRVII ESCENA LEND, LLC, #2 Text of Proposed Order)(Gross, Jefferson)
January 25, 2012 Opinion or Order Filing 96 NOTICE of Appearance by Ian Hiatt on behalf of CRVII Escena Lend, LLC (Hiatt, Ian)
January 25, 2012 Opinion or Order Filing 95 NOTICE of Appearance by Richard D Burbidge on behalf of CRVII Escena Lend, LLC (Burbidge, Richard)
January 25, 2012 Opinion or Order Filing 94 MEMORANDUM in Opposition re #55 MOTION to Intervene , #57 MOTION to Intervene by MSI Investor Group filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
January 25, 2012 Opinion or Order Filing 93 NOTICE of Appearance by Jefferson W. Gross on behalf of CRVII Escena Lend, LLC (Gross, Jefferson)
January 24, 2012 Opinion or Order Filing 92 REPLY to Response to Motion re #80 MOTION to Compel Deposition Testimony of Wendell Jacobson filed by Defendant Wendell A. Jacobson. (Infanger, Christopher)
January 24, 2012 Opinion or Order Filing 91 REPLY to Response to Motion re #76 MOTION for Protective Order Reply Memorandum in Support of Motion for Protective Order filed by Defendant Wendell A. Jacobson. (Quesenberry, Stephen)
January 24, 2012 Opinion or Order Filing 90 REPLY to Response to Motion re #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Defendant Allen R. Jacobson. (James, Jennifer)
January 23, 2012 Opinion or Order Filing 87 MEMORANDUM in Opposition re #54 MOTION for Protective Order MOTION to Quash Subpoenas Duces Tecum to Non-Parties filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A - Supplemental Declaration of Scott Frost, #2 Exhibit B - Subpoenas)(Wadley, Daniel)
January 20, 2012 Opinion or Order Filing 86 MEMORANDUM in Opposition re #76 MOTION for Protective Order filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, Depo Notice, #2 Exhibit B, Email, #3 Exhibit C, Declaration of Wadley, #4 Exhibit D, Amended Depo Notice)(Wadley, Daniel)
January 20, 2012 Opinion or Order Filing 85 NOTICE OF HEARING ON MOTION re: #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson : Motion Hearing set for 2/3/2012 02:00 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 20, 2012 Opinion or Order Filing 84 NOTICE OF HEARING ON MOTION re: #80 MOTION to Compel Deposition Testimony of Wendell Jacobson : Motion Hearing set for 1/25/2012 02:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 20, 2012 Opinion or Order Filing 83 ORDER On Defendant Wendell Jacobson's Motion for Expedited Ruling on Motion for a Protective Order - Motions terminated: #78 MOTION to Expedite Ruling on Motion for a Protective Order filed by Wendell A. Jacobson., Set Deadlines as to #76 MOTION for Protective Order MOTION to Quash Subpoenas Duces Tecum to Non-Parties .( Motion Hearing set for 1/25/2012 02:30 PM in Room 420 before Judge Bruce S. Jenkins.) See order for additional details. Signed by Judge Bruce S. Jenkins on 1/20/12. (jmr) Modified on 1/24/2012 ; removed reference to #54 MOTION for Protective Order as order only relates to #76 MOTION for Protective Order (asp).
January 20, 2012 Opinion or Order Filing 82 ORDER Extending Defendant Management Solutions, Inc.'s Time to Respond to Complaint-granting #74 Motion for Extension of Time to Answer. Signed by Judge Bruce S. Jenkins on 1/20/12. (jmr)
January 20, 2012 Opinion or Order Filing 81 MEMORANDUM in Support re #80 MOTION to Compel Deposition Testimony of Wendell Jacobson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, Depo Notice, #2 Exhibit B, Service Email, #3 Exhibit C, Declaration Wadley, #4 Exhibit D, Amended Depo Notice)(Wadley, Daniel)
January 20, 2012 Opinion or Order Filing 80 MOTION to Compel Deposition Testimony of Wendell Jacobson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
January 19, 2012 Opinion or Order Filing 88 DOCUMENTS LODGED consisting of Notice of Appearance regarding non party Naples Lending. (asp)
January 19, 2012 Opinion or Order Filing 79 NOTICE of Appearance by Gregory N. Hoole on behalf of MSI Investor Group (Hoole, Gregory)
January 19, 2012 Opinion or Order Filing 78 MOTION to Expedite Ruling on Motion for a Protective Order filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit Proposed Order on Defendant Wendell Jacobson's Motion for Expedited Ruling on Motion for a Protective Order)(Quesenberry, Stephen)
January 19, 2012 Opinion or Order Filing 77 MEMORANDUM in Support re #76 MOTION for Protective Order filed by Defendant Wendell A. Jacobson. (Attachments: #1 Exhibit Exhibit A-email 1/13/12, #2 Exhibit Exhibit B-email 1/17/12, #3 Exhibit Exhibit C-Declaration of Christopher Infanger in Support of Defendant Wendell Jacobson's Motion for a Protective Order)(Quesenberry, Stephen)
January 19, 2012 Opinion or Order Filing 76 MOTION for Protective Order filed by Defendant Wendell A. Jacobson. (Attachments: #1 Text of Proposed Order Proposed Order on Defendant Wendell Jacobson's Motion for a Protective Order)(Quesenberry, Stephen)
January 18, 2012 Opinion or Order Filing 74 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
January 17, 2012 Opinion or Order Filing 73 ORDER granting #71 Motion To Remove Ash Mini Storage, LLC From Receivership and for Expedited Ruling. Signed by Judge Bruce S. Jenkins on 1/17/12. (jmr)
January 13, 2012 Opinion or Order Filing 75 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing re: for 2nd Order (Dkt #62); for 3rd order (Dkkt #64) held on 1/13/2012.Argument & discussion heard. Crt notes for the record that there are no objections. Crt rules:- Grants, both motions in each instance. Mr. Marshall may proceed with actions outlined in the orders & prepare & submit proposed orders within 5 days. re #62 MOTION to Expedite Ruling on Motion For Second Order Authorizing Receiver to Terminate Certain Individuals as Employees filed by John A. Beckstead, #64 MOTION to Expedite Ruling for Third Order Authorizing Receiver to Terminate Certain Employees filed by John A. Beckstead. Attorney for Plaintiff: Daniel G. Wadley, Attorney for Defendant: Romaine Marshall (for Rcvr), David Broadbent (Rcvr). Court Reporter: Becky Janke.(Time Start: 1:20 PM, Time End: 1:30 PM, Room 420.) (mrw)
January 13, 2012 Opinion or Order Filing 72 MEMORANDUM in Support re #71 MOTION To Remove Ash Mini Storage, LLC From Receivership and for Expedited Ruling filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Talbot, Cory)
January 13, 2012 Opinion or Order Filing 71 MOTION To Remove Ash Mini Storage, LLC From Receivership and for Expedited Ruling filed by Receiver John A. Beckstead. (Talbot, Cory)
January 13, 2012 Opinion or Order Filing 70 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Lake Charlestonian. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls)
January 13, 2012 Opinion or Order Filing 69 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Den Glen. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls)
January 13, 2012 Opinion or Order Filing 67 ORDER, ( Proposed Pretrial Order due by 2/1/2012 at 12:00 noon., Pretrial Conference set for 1/3/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins.) See order for additional details. Signed by Judge Bruce S. Jenkins on 1/12/12. (jmr)
January 12, 2012 Opinion or Order Filing 66 NOTICE OF HEARING ON MOTION re: #64 MOTION for Third Order Authorizing Receiver to Terminate Certain Employees , #62 MOTION for Second Order Authorizing Receiver to Terminate Certain Individuals as Employees : Motion Hearing set for 1/13/2012 01:20 PM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 11, 2012 Opinion or Order Filing 65 MEMORANDUM in Support re #64 MOTION to Expedite Ruling for Third Order Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 11, 2012 Opinion or Order Filing 64 MOTION to Expedite Ruling for Third Order Authorizing Receiver to Terminate Certain Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 11, 2012 Opinion or Order Filing 63 MEMORANDUM in Support re #62 MOTION to Expedite Ruling on Motion For Second Order Authorizing Receiver to Terminate Certain Individuals as Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 11, 2012 Opinion or Order Filing 62 MOTION to Expedite Ruling on Motion For Second Order Authorizing Receiver to Terminate Certain Individuals as Employees filed by Receiver John A. Beckstead. (Marshall, Romaine)
January 11, 2012 Opinion or Order Filing 61 SUBSTITUTION OF COUNSEL Stephen E. Quesenberry replacing Mark W. Pugsley and Loren E. Weiss as counsel on behalf of Wendell A. Jacobson. (Quesenberry, Stephen)
January 10, 2012 Opinion or Order Filing 89 **SEALED DOCUMENT** Memorandum in Support re #54 MOTION for Protective Order MOTION to Quash Subpoenas Duces Tecum to Non-Parties filed by Defendant Wendell A. Jacobson. (asp)
January 10, 2012 Opinion or Order Filing 60 NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Objection to and Motion to Quash Subpoenas and Motion for Protective Order filed by Defendant Wendell A. Jacobson re #54 MOTION for Protective Order MOTION to Quash Subpoenas Duces Tecum to Non-Parties (Quesenberry, Stephen)
January 10, 2012 Opinion or Order Filing 59 NOTICE OF DEFICIENCY re #55 MOTION to Intervene . The document 55 has the wrong image attached. Document re-filed as document #57 with the correct image. (asp)
January 9, 2012 Opinion or Order Filing 58 MEMORANDUM in Support re #57 MOTION to Intervene filed by Movant MSI Investor Group. (Hoole, Gregory)
January 9, 2012 Opinion or Order Filing 57 MOTION to Intervene filed by Movant MSI Investor Group. (Attachments: #1 Exhibit A (Proposed Complaint in Intervention))(Hoole, Gregory)
January 9, 2012 Opinion or Order Filing 56 MEMORANDUM in Support re #55 MOTION to Intervene filed by Movant MSI Investor Group. (Hoole, Gregory)
January 9, 2012 Opinion or Order Filing 55 MOTION to Intervene filed by Movant MSI Investor Group. (Attachments: #1 Exhibit A (Proposed Complaint in Intervention))(Hoole, Gregory)
January 9, 2012 Opinion or Order Filing 54 MOTION for Protective Order , MOTION to Quash Subpoenas Duces Tecum to Non-Parties filed by Defendant Wendell A. Jacobson. (Infanger, Christopher)
January 9, 2012 Opinion or Order Filing 53 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Carmen Lenhof Israelsen, LLP. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls)
January 9, 2012 Opinion or Order Filing 52 NOTICE of Appearance by Shawn T. Richards on behalf of Utah Community Bank (Richards, Shawn)
January 9, 2012 Opinion or Order Filing 51 MEMORANDUM in Opposition re #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Cashier's Check, #3 Exhibit C - Email to Melton from Beckstead, #4 Exhibit D - Letter to Beckstead from Kaplan)(Melton, Thomas)
January 6, 2012 Opinion or Order Filing 68 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 1/6/2012.Argument & discussion heard. Crt rules:- Grants, Ut. Com. Bks motion to intervene (Dkt #23). Crt executes order from Mr. Orton.- Grants, Greg Baileys motion to intervene (Dkt #38).- Grants, motion for order authorizing receiver to terminate certain employees (re: Bailey) (Dkt #29).Mr. Marshall to prepare & submit proposed order. re #38 MOTION to Intervene filed by Greg B. Bailey, #23 MOTION to Intervene filed by Utah Community Bank, #29 MOTION to Expedite for Order Authorizing Receiver to Terminate Certain Employees and for Expedited Ruling filed by John A. Beckstead. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Kellie Peterson.(Time Start: 9:30 AM, Time End: 9:50 AM, Room 420.) (mrw)
January 6, 2012 Opinion or Order Filing 50 NOTICE of Notice of Substitution of Counsel by Wendell A. Jacobson (Quesenberry, Stephen)
January 6, 2012 Opinion or Order Filing 49 INTERPLEADER by Utah Community Bank. (Orton, R.)
January 6, 2012 Opinion or Order Filing 48 ORDER granting #23 Motion to Intervene filed by Movant Utah Community Bank. Signed by Judge Bruce S. Jenkins on 1/6/12. (jmr)
January 4, 2012 Opinion or Order Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing, P.M. Hearing held on December 15, 2011 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/25/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/3/2012. (las) Modified by removing restricted text on 4/4/2012 (rks).
January 4, 2012 Opinion or Order Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing, A.M. Hearing held on December 15, 2011 before Judge BRUCE S. JENKINS. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/25/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/3/2012. (las) Modified by removing restricted text on 4/4/2012 (rks).
January 3, 2012 Opinion or Order Filing 46 **SEALED DOCUMENT** SEALED Exhibits A-L to #37 Memorandum in Support of Motion filed by Defendant Allen R. Jacobson. (jmr) Modified on 1/4/2012 to fix typo (jmr).
January 3, 2012 Opinion or Order Filing 43 ORDER Authorizing Receiver to File First Quarterly Report on April 30, 2012-granting #31 Motion for Extension of Time. Signed by Judge Bruce S. Jenkins on 1/3/11. (jmr)
January 3, 2012 Opinion or Order Filing 42 ORDER granting #29 Motion to Expedite for Order Authorizing Receiver to Terminate Certain Employees and for Expedited Ruling. See order for details. Signed by Judge Bruce S. Jenkins on 1/3/12. (jmr)
January 3, 2012 Opinion or Order Filing 41 NOTICE OF HEARING ON MOTIONS re: #38 Greg B. Bailey's Motion to Intervene; #23 Utah Community Bank's Motion to Intervene ; and #29 Motion for Order Authorizing Receiver to Terminate Certain Employees (re: Bailey) : Motion Hearing set for 1/6/2012 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
January 3, 2012 Opinion or Order Filing 40 WAIVER OF SERVICE Returned Executed filed by Securities and Exchange Commission as to Allen R. Jacobson Waiver sent on 12/28/2011, answer due 2/27/2012. (Wadley, Daniel)
December 30, 2011 Opinion or Order Filing 39 MEMORANDUM in Support re #38 MOTION to Intervene filed by Movant Greg B. Bailey. (jmr)
December 30, 2011 Opinion or Order Filing 38 MOTION to Intervene filed by Movant Greg B. Bailey. (jmr)
December 30, 2011 Opinion or Order Filing 37 MEMORANDUM in Support re #36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Defendant Allen R. Jacobson. (Washburn, D.)
December 30, 2011 Opinion or Order Filing 36 MOTION to Vacate Order Appointing Receiver as to Defendant Allen R. Jacobson filed by Defendant Allen R. Jacobson. (Washburn, D.)
December 30, 2011 Opinion or Order Filing 35 NOTICE of Appearance by D. Loren Washburn on behalf of Allen R. Jacobson (Washburn, D.)
December 30, 2011 Opinion or Order Filing 34 NOTICE of Appearance by Jennifer A. James on behalf of Allen R. Jacobson (James, Jennifer)
December 30, 2011 Opinion or Order Filing 33 NOTICE of Appearance by Neil A. Kaplan on behalf of Allen R. Jacobson (Kaplan, Neil)
December 30, 2011 Opinion or Order Filing 32 MEMORANDUM in Support re #31 MOTION for Extension of Time to File First Quarterly Report on April 30, 2012 filed by Receiver John A. Beckstead. (Sjoblom, J.)
December 30, 2011 Opinion or Order Filing 31 MOTION for Extension of Time to File First Quarterly Report on April 30, 2012 filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
December 28, 2011 Opinion or Order Filing 30 MEMORANDUM in Support re #29 MOTION to Expedite for Order Authorizing Receiver to Terminate Certain Employees and for Expedited Ruling filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Marshall, Romaine)
December 28, 2011 Opinion or Order Filing 29 MOTION to Expedite for Order Authorizing Receiver to Terminate Certain Employees and for Expedited Ruling filed by Receiver John A. Beckstead. (Marshall, Romaine)
December 28, 2011 Opinion or Order Filing 28 NOTICE of Appearance by Loren E. Weiss on behalf of Wendell A. Jacobson (Weiss, Loren)
December 27, 2011 Opinion or Order Filing 27 ERRATA to #11 Stipulation, #15 Order, filed by Defendant Wendell A. Jacobson . (Pugsley, Mark)
December 27, 2011 Opinion or Order Filing 26 NOTICE of Appearance by Mark W. Pugsley on behalf of Wendell A. Jacobson (Pugsley, Mark)
December 27, 2011 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed filed by Securities and Exchange Commission as to Wendell A. Jacobson Waiver sent on 12/27/2011, answer due 2/27/2012. (Wadley, Daniel)
December 23, 2011 Opinion or Order Filing 24 MEMORANDUM in Support re #23 MOTION to Intervene filed by Movant Utah Community Bank. (Attachments: #1 Exhibit Exhibit A to Memorandum in Support of Motion to Intervene, #2 Exhibit Exhibit B to Memorandum in Support of Motion to Intervene)(Orton, R.)
December 23, 2011 Opinion or Order Filing 23 MOTION to Intervene filed by Movant Utah Community Bank. (Orton, R.)
December 23, 2011 Opinion or Order Filing 22 NOTICE of Appearance by R. Willis Orton on behalf of Utah Community Bank (Orton, R.)
December 22, 2011 Opinion or Order Filing 21 ORDER Authorizing Receiver to Retain Professional Services Firms and Clarifying December 15, 2011 Order-granting #18 Motion to Amend/Correct; terminating #20 Motion to Expedite. Signed by Judge Bruce S. Jenkins on 12/22/11. (jmr)
December 21, 2011 Opinion or Order Filing 20 MOTION to Expedite ruling on Motion to Amend/Correct (and to engage professional services firms) filed by Receiver John A. Beckstead. (Sjoblom, J.)
December 21, 2011 Opinion or Order Filing 19 MEMORANDUM in Support re #18 MOTION to Amend/Correct #4 Order (and to engage professional services firms) filed by Receiver John A. Beckstead. (Sjoblom, J.)
December 21, 2011 Opinion or Order Filing 18 MOTION to Amend/Correct #4 Order (and to engage professional services firms) filed by Receiver John A. Beckstead. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
December 20, 2011 Opinion or Order Filing 16 ORDER granting Joint and Stipulated #14 Motion to Amend/Correct filed by Movant Platinum Protection LLC. Signed by Judge Bruce S. Jenkins on 12/20/11. (jmr)
December 20, 2011 Opinion or Order Filing 15 ORDER Amending Temporary Restraining Order, Order Accelerating Discovery and Order to Show Cause and Order Appointing Receiver, Freezing Assets and Other Relief- re #11 Stipulation, filed by Securities and Exchange Commission. See order for details. Signed by Judge Bruce S. Jenkins on 12/20/11. (jmr)
December 20, 2011 Opinion or Order Filing 14 Stipulated MOTION to Amend/Correct #4 Order filed by Movant Platinum Protection LLC. (Attachments: #1 Text of Proposed Order)(Frischknecht, Caleb)
December 19, 2011 Opinion or Order Filing 13 NOTICE of Appearance by Matthew T. Wirthlin on behalf of John A. Beckstead (Wirthlin, Matthew)
December 19, 2011 Opinion or Order Filing 12 NOTICE of Appearance by Romaine C. Marshall on behalf of John A. Beckstead (Marshall, Romaine)
December 19, 2011 Opinion or Order Filing 11 STIPULATION re #4 Order, #3 Order on Motion for TRO Stipulation Regarding Amendment to TRO, Order Accelerating Discovery and Order to Show Cause and Order Appointing Receiver, Freezing Assets and Other Relief by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Wadley, Daniel)
December 19, 2011 Opinion or Order Filing 10 NOTICE of Appearance by David K. Broadbent on behalf of John A. Beckstead (Broadbent, David)
December 16, 2011 Opinion or Order Filing 9 NOTICE of Appearance by Doyle S. Byers on behalf of John A. Beckstead (Byers, Doyle)
December 16, 2011 Opinion or Order Filing 7 NOTICE of Appearance by J. Andrew Sjoblom on behalf of John A. Beckstead (Sjoblom, J.)
December 16, 2011 Opinion or Order Filing 5 NOTICE of Appearance by Cory A. Talbot on behalf of John A. Beckstead (Talbot, Cory)
December 15, 2011 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 12/15/2011 re #2 Supplemental MOTION for Temporary Restraining Order filed by Securities and Exchange Commission, #6 MOTION for Temporary Restraining Order MOTION Freezing Assets MOTION to Appoint Receiver filed by Securities and Exchange Commission. Argument & discussion heard. Crt rules:- Grants, ex parte motion for TRO. Crt executes order effective at 11:50 AM.- Grants, ex parte motion for TRO re:dissipation of assets & executes order effective 11:51 AM.Crt schedules:- Further, motion for TRO re: dissipation of assets continued to 1:30 PM, this date.1:40 PM. Argument & discussion heard. Crt refuses to vacate the two orders. Crt recesses2:10 PM, reconvenes 2:50 PM. Cnsl agree to appoint receiver & specific conditions noted on the record. Discovery to proceed during next 30 days. Crt schedules:- Final pretrial conference set 2/3/2012, at 9:30 AM.- Motion hearing re: for preliminary injunction set 2/13/2012, at 9:30 AM. TRO to continue until this date. Cnsl to prepare & submit stip order nlt 12/16/2011. Attorney for Plaintiff: See Minute Entry, Attorney for Defendant: See Minute Entry. Court Reporter: Ed Young.(Time Start: 11:30 AM, Time End: 3:00 PM, Room 420.) (mrw)
December 15, 2011 Opinion or Order Filing 8 MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order MOTION Freezing Assets MOTION to Appoint Receiver filed by Plaintiff Securities and Exchange Commission. NOTE: Exhibits to this document are over-length and have not been scanned. Document will be permanently retained. Declaration of Scott Frost and Exhibits added. (jmr) (Additional attachment(s) added on 1/6/2014: #1 Affidavit /Declaration of Scott Frost, #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, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH) (jmr). Modified on 1/6/2014 (jmr).
December 15, 2011 Opinion or Order Filing 6 MOTION for Temporary Restraining Order, MOTION Freezing Assets, MOTION to Appoint Receiver filed by Plaintiff Securities and Exchange Commission. (jmr)
December 15, 2011 Opinion or Order Filing 4 ORDER Appointing Receiver, Freezing Assets and Other Relief-See order for details. Signed by Judge Bruce S. Jenkins on 12/15/11. (jmr)
December 15, 2011 Opinion or Order Filing 3 Temporary Restraining ORDER, Order Accelerating Discovery and Order to Show Cause- granting #2 Motion for TRO. Signed by Judge Bruce S. Jenkins on 12/15/11. (jmr)
December 15, 2011 Opinion or Order Filing 2 Supplemental MOTION for Temporary Restraining Order filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
December 15, 2011 Opinion or Order Filing 1 COMPLAINT against Allen R. Jacobson, Wendell A. Jacobson, Management Solutions (Fee Status: Waived), filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet 1) Assigned to Judge Bruce S. Jenkins (lnp)

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Intervenor plaintiff: U.S. Bank National Association-Reserve at Abbie Lakes
Represented By: Steven T. Waterman
Represented By: Scott A. Cummings
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Intervenor plaintiff: U.S. Bank National Association-CW Capital Asset Mangement & Apartments at Lakesridge
Represented By: Heather Deans Foley
Represented By: Lon A. Jenkins
Represented By: Steven T. Waterman
Represented By: Benjamin J. Kotter
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Intervenor plaintiff: U.S. Bank National Association-2011-K704
Represented By: Jason D. Boren
Represented By: Matthew L. Moncur
Represented By: Tyler M. Hawkins
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Intervenor plaintiff: Utah Community Bank
Represented By: Shawn T. Richards
Represented By: R. Willis Orton
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Intervenor plaintiff: Barlow
Represented By: George W. Pratt
Represented By: Douglas M Durbano
Represented By: Jacob D. Briggs
Represented By: Jessica P. Wilde
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Intervenor plaintiff: Brian Blain
Represented By: Edwin J. Tomko
Represented By: Jason M. Ross
Represented By: John H. Bogart
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Intervenor plaintiff: Visionary Management
Represented By: Edwin J. Tomko
Represented By: Jason M. Ross
Represented By: John H. Bogart
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Intervenor plaintiff: First Branch
Represented By: Edwin J. Tomko
Represented By: Jason M. Ross
Represented By: John H. Bogart
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Intervenor plaintiff: Encinito Properties
Represented By: Edwin J. Tomko
Represented By: Jason M. Ross
Represented By: John H. Bogart
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Intervenor plaintiff: Nevada State Bank
Represented By: Gregory S. Roberts
Represented By: Matthew N. Evans
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Intervenor plaintiff: Naples Lending
Represented By: Matthew C Barneck
Represented By: Wayne Z. Bennett
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Intervenor plaintiff: Central Bank
Represented By: J. Scott Brown
Represented By: Steven C. Strong
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Intervenor plaintiff: U.S. Bank National Association
Represented By: Lon A. Jenkins
Represented By: Daniel M. Benjamin
Represented By: Mark R. Gaylord
Represented By: Matthew L. Moncur
Represented By: Steven T. Waterman
Represented By: Scott A. Cummings
Represented By: Heather Deans Foley
Represented By: Benjamin J. Kotter
Represented By: Jason D. Boren
Represented By: Tyler M. Hawkins
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Intervenor plaintiff: C. Eugene McDermott
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: Mary Ann McDermott
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: Forest Hills Apartments
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: McKean Enterprises
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: Eric Clark Welling
Represented By: Matthew R. Howell
Represented By: Jessica Griffin Anderson
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: Mary Katherine Welling
Represented By: Jessica Griffin Anderson
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: Pheasant Wood
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: Nycom Apartments
Represented By: Joseph Covey
Represented By: Robert S. Clark
Represented By: Royce B. Covington
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Intervenor plaintiff: Branch Banking & Trust
Represented By: Eric K. Jenkins
Represented By: Heidi G. Goebel
Represented By: Joseph A. Gatton
Represented By: Julie K. Biermacher
Represented By: Scott A. Shanes
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Intervenor plaintiff: Matthew A. Nielson
Represented By: Chad E. Funk
Represented By: Matthew C Barneck
Represented By: Steven H. Bergman
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Intervenor plaintiff: Jill R. Nielson
Represented By: Chad E. Funk
Represented By: Matthew C Barneck
Represented By: Steven H. Bergman
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Intervenor plaintiff: Black Cliffs Investments
Represented By: Chad E. Funk
Represented By: Matthew C Barneck
Represented By: Steven H. Bergman
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Intervenor plaintiff: Gary C. Williamson
Represented By: Jessica Griffin Anderson
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: Boyd Summerhays LLC
Represented By: Jessica Griffin Anderson
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: Fountain Green
Represented By: Jessica Griffin Anderson
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: BCW Investments
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: Truckpro
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: SLEA 423
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: B.C. Warner Revocable Trust
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: BCW-D.O.
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: BCW-Maui
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: James Warner
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: Doah View
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: TMB Limited Company
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: Solar Sands
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: Fountain Hills
Represented By: James D. Gilson
Represented By: Marc L. Turman
Represented By: Zachary T. Shields
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Intervenor plaintiff: Villa Cumorah
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: Holbrook Farms
Represented By: Daniel J. McDonald
Represented By: Kyle C. Fielding
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Intervenor plaintiff: Scott and Michelle Beeville
Represented By: Daniel J. McDonald
Represented By: Kyle C. Fielding
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Intervenor plaintiff: Holbrook J3
Represented By: Daniel J. McDonald
Represented By: Kyle C. Fielding
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Intervenor plaintiff: Evan K. Jacobson
Represented By: John T. Anderson
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Intervenor plaintiff: Geyser Point
Represented By: Stephen E. Quesenberry
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Intervenor plaintiff: The Estate of David K. Richards
Represented By: Cameron L. Sabin
Represented By: Kenneth B. Black
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Intervenor plaintiff: The David K. Richards Trust
Represented By: Cameron L. Sabin
Represented By: Kenneth B. Black
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Intervenor plaintiff: The David K. Richards 1995 Charitable Remainder Unitrust
Represented By: Cameron L. Sabin
Represented By: Kenneth B. Black
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Intervenor plaintiff: Sharon Richards
Represented By: Cameron L. Sabin
Represented By: Kenneth B. Black
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Intervenor plaintiff: Eric D. Bishop, Inc.
Represented By: Bradley M. Strassberg
Represented By: Jeffrey L. Silvestrini
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Intervenor plaintiff: Adams Bay Lighthouse Investment
Represented By: Bradley M. Strassberg
Represented By: Jeffrey L. Silvestrini
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Intervenor plaintiff: Deloitte Financial Advisory Services LLP
Represented By: Jeffrey J. Steele
Represented By: Justin R. Baer
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Intervenor plaintiff: U.S. Bank National Association Series 2004-PWR4
Represented By: Mark R. Gaylord
Represented By: Daniel M. Benjamin
Represented By: Matthew L. Moncur
Represented By: Tyler M. Hawkins
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Plaintiff: Securities and Exchange Commission
Represented By: Amy J. Oliver
Represented By: Daniel J. Wadley
Represented By: Jeffrey E. Nelson
Represented By: Alison J. Okinaka
Represented By: Paul N. Feindt
Represented By: Thomas M. Melton
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Consolidated plaintiff: Gil A. Miller
Represented By: J. Andrew Sjoblom
Represented By: Cecilia M. Romero
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Defendant: Management Solutions
Represented By: David C. Wright
Represented By: Doyle S. Byers
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Defendant: Wendell A. Jacobson
Represented By: Daniel L. Steele
Represented By: Grant M. Sumsion
Represented By: Marcus R. Mumford
Represented By: Christopher R. Infanger
Represented By: David C. Wright
Represented By: J. Bryan Quesenberry
Represented By: Loren E. Weiss
Represented By: Mark W. Pugsley
Represented By: Stephen E. Quesenberry
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Defendant: Allen R. Jacobson
Represented By: Daniel L. Steele
Represented By: Grant M. Sumsion
Represented By: Marcus R. Mumford
Represented By: D. Loren Washburn
Represented By: David C. Wright
Represented By: Jennifer A. James
Represented By: Neil A. Kaplan
Represented By: Stephen E. Quesenberry
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Consolidated defendant: Progressive Services
Represented By: Joseph Covey
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Intervenor defendant: CRVII Escena Lend, LLC
Represented By: Ian Hiatt
Represented By: Jefferson W. Gross
Represented By: Richard D. Burbidge
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Intervenor defendant: Bank Midwest N.A.
Represented By: Brian C. Mitchell
Represented By: Kim R. Wilson
Represented By: Sam M. Stricklin
Represented By: Tammy Berkhoudt
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Intervenor defendant: Fannie Mae
Represented By: Amber M. Mettler
Represented By: Amy F. Sorenson
Represented By: Jared C. Fields
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Intervenor defendant: Mutual of Omaha Bank
Represented By: Adelaide Maudsley
Represented By: Deanna E. Caldwell
Represented By: James Richard White
Represented By: John P. Kincade
Represented By: Brandon C. Pond
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Intervenor defendant: Freddie Mac
Represented By: Jason D. Boren
Represented By: Matthew L. Moncur
Represented By: Tyler M. Hawkins
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Intervenor defendant: Key Bank
Represented By: Kenneth L. Cannon, II
Represented By: Steven J. McCardell
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Intervenor defendant: Arvest Bank
Represented By: Jeremy M. Hoffman
Represented By: John L. Young
Represented By: R. Charles Wilkin
Represented By: Robert P. Skeith
Represented By: Philip D. Hixon
Represented By: Robert S. Glass
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Intervenor defendant: Stone Brook Idaho
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Intervenor defendant: John A. Beckstead
Represented By: Cory A. Talbot
Represented By: Brent E. Johnson
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Intervenor defendant: Department of Housing and Urban Development
Represented By: Jeffrey E. Nelson
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Intervenor defendant: Gateway Properties
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Intervenor defendant: CFCRE 2011-C1 Kengary Way
Represented By: Alan M. Hayes
Represented By: Brennan H. Meier
Represented By: Heather L. Peckham
Represented By: M. Scott Barnard
Represented By: Mark F James
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Intervenor defendant: CFCRE 2011-C2 Heatherbridge Lane
Represented By: Alan M. Hayes
Represented By: Brennan H. Meier
Represented By: Heather L. Peckham
Represented By: M. Scott Barnard
Represented By: Mark F James
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Intervenor defendant: CFCRE 2011-C1 Apartments 12900
Represented By: Alan M. Hayes
Represented By: Brennan H. Meier
Represented By: Heather L. Peckham
Represented By: M. Scott Barnard
Represented By: Mark F James
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Intervenor defendant: Cache Valley Bank
Represented By: Micah Lawton Daines
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Intervenor defendant: Council Properties
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Intervenor defendant: Town Plaza Apartments
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Intervenor defendant: Beeville Apartments
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Intervenor defendant: Baytown Stonebrook Apartments
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Intervenor defendant: Stonebrook at Goose Creek
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Intervenor defendant: Reserve at Abbie Lakes
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Intervenor defendant: Tuscany Gardens
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3rd party defendant: Hally Jacobson
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Cabin
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Creek
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Meadows
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Oaks
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Park
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Pines
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Ridge
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon View
Represented By: John T. Anderson
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3rd party defendant: Sage Canyon Management
Represented By: John T. Anderson
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Claimant: Den Glen
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Claimant: Lake Charlestonian
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Claimant: Carmen Lenhof Israelsen, LLP
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Claimant: Gene P. Jacobson
Represented By: David C. Wright
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Claimant: Provident Development Group LLC
Represented By: David C. Wright
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Claimant: Sun Winds LLC
Represented By: David C. Wright
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Claimant: Golden J LLC
Represented By: David C. Wright
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Claimant: Bradley Jacobson
Represented By: David C. Wright
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Claimant: Preferred Income Partners IV LLC
Represented By: R. Jeremy Adamson
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Claimant: Larraine Jacobson
Represented By: David C. Wright
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Claimant: Falconhead Property Owners Association
Represented By: Darryl F. Roberts
Represented By: Glen A. Cook
Represented By: Randall L Skeen
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Claimant: Diane A. Thompson
Represented By: Mark R. Gaylord
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Claimant: Boca Raton LLC
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Bement & Company PC
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Sue Carlson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Jason W Coutts
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Casey J Coutts
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Jason W Daley
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Claimant: Ellen Daley
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Colonial Stone Brook Apt Homes II LLC
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Cami Jacobson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Brandon W Jacobson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: April C Jacobson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Melba B Jacobson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Laney V Jacobson
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Brett Lovell
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Emily Lovell
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Red Castle Inc Retirement Trust
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Scott Daley
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Jenny J Bailey
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Claimant: Noall Investment Prob LLC
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Claimant: Irfred Park Investments LLC
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Claimant: Dustin Barrett
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Claimant: Scott H. Smith
Represented By: Brian M. Rothschild
Represented By: Gary E. Doctorman
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Claimant: Excena Park TX 3 LLC
Represented By: Brian M. Rothschild
Represented By: Gary E. Doctorman
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Claimant: Stonebridge Ranches TX 3 LLC
Represented By: Brian M. Rothschild
Represented By: Gary E. Doctorman
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Claimant: Sean Hansen
Represented By: Brigman L. Harman
Represented By: Eric B. Vogeler
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Claimant: Scott McDermott
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Amicus curiae: MSI Investor Group
Represented By: Gregory N. Hoole
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Intervenor: Greg B. Bailey
Represented By: Barry N. Johnson
Represented By: Brigman L. Harman
Represented By: David M. Kono
Represented By: Eric B. Vogeler
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Interested party: Mutual of Omaha LoanPro
Represented By: Adelaide Maudsley
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Interested party: Lanny Waite
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Interested party: Maxine Waite
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Interested party: Tony G. Kogianes
Represented By: Douglas L. Neeley
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Petitioner: Platinum Protection LLC
Represented By: D. Zachary Wiseman
Represented By: Caleb J. Frischknecht
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Petitioner: Americanwest Bank
Represented By: Steven W. Call
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Petitioner: Virginia Padilla
Represented By: David W. Scofield
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Petitioner: Lisa Marie Padilla
Represented By: David W. Scofield
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Petitioner: Don Logan
Represented By: David W. Scofield
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Petitioner: Katherine Anne Brown
Represented By: David W. Scofield
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Petitioner: Dagmar Chaplin-Lee
Represented By: David W. Scofield
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Petitioner: B.C. Warner Investments
Represented By: James D. Gilson
Represented By: Zachary T. Shields
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Petitioner: BCW-S.F.
Represented By: James D. Gilson
Represented By: Zachary T. Shields
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Petitioner: Bart C. Warner
Represented By: James D. Gilson
Represented By: Zachary T. Shields
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Petitioner: Jeffrey K. Wetzel
Represented By: James D. Gilson
Represented By: Zachary T. Shields
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Petitioner: Gerald A. Zmyslo
Represented By: James D. Gilson
Represented By: Zachary T. Shields
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Petitioner: ST&H Management
Represented By: Christopher F. Lewis
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Petitioner: SAL Rentals
Represented By: Christopher F. Lewis
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Petitioner: Jason Coutts
Represented By: Casey W. Jones
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Petitioner: Silver Creek Investments
Represented By: Casey W. Jones
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Not yet classified: JPMorgan Chase Bank
Represented By: Mark Wilson Williams
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