Securities and Exchange Commission v. American Pension Services et al
Plaintiff: Securities and Exchange Commission
Defendant: Curtis L. DeYoung and American Pension Services
Petitioner: Pearce Investments, Kip Paul, Candace DeYoung, Nicole Ihler, John Richard Hauley, Joseph Cornwell, Cecilia Bustos, Trent Holmberg, Darlene Oliver, Patricia A. Firth, Ted Holmberg, Cindy J. Elmer, Joseph Van Den Berghe, James Stava, Martin Malmrose, Kelli S. Thomas, Hailee DeYoung, Arlon W. Elmer, Howard Combs, Maria L. Bustos, Judson T. Pitts, William A. Bustos, Kathryn Holmberg, Meghan Combs, Kim R. Wilson, Ellen Kessi and James R. Kessi
Intervenor: Richard Seiler, Franklin American Mortgage, Michelle Seiler and Christa Zaro
Interested Party: Michael D. Memmott, Sr, Nancy Emmons, George Allen, Kent A. Jordan, Michael D. Memmott, Jr, First Utah Bank, John Fischer, Ernest Kiss, Mark J. Gregersen and Gil A. Miller
Intervenor Plaintiff: Michelle DeYoung and Wrona Gordon & DuBois
Not Classified By Court: Equity Trust
Intervenor Defendant: Diane Thompson
Case Number: 2:2014cv00309
Filed: April 24, 2014
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Robert J Shelby
Nature of Suit: Securities/Commodities
Cause of Action: 15:0077
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2020 Filing 1048 MANDATE of USCA as to #1029 Notice of Appeal filed by Diane Thompson According to the USCA the Mandate of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: #1 Exhibit Mandate Letter) (dla)
December 2, 2020 Opinion or Order Filing 1047 ORDER of USCA Tenth Circuit as to #1029 Notice of Appeal filed by Diane Thompson (dla)
October 9, 2019 Opinion or Order Filing 1046 AMENDED ORDER granting #1045 Motion to Clarify Docket Order #592 . Signed by Judge Robert J. Shelby on 10/9/19. (dla)
October 9, 2019 Filing 1045 MOTION to Amend/Correct Order Granting Motion to Clarify Docket Order #592 filed by Movant Darlene Oliver. (Attachments: #1 Text of Proposed Order Amended Order Granting Motion to Clarify Docket Order #592) Attorney Scott R. Sabey added to party Darlene Oliver(pty:mov)(Sabey, Scott)
May 17, 2019 Opinion or Order Filing 1044 ORDER granting #1043 Motion to Specifically Reference Movant Darlene Oliver's Ohio Real Property, Formerly in the Custody of APS and Transferred Pursuant to Order #592 . Signed by Judge Robert J. Shelby on 5/17/19. (dla)
May 2, 2019 Filing 1043 MOTION Motion to Clarify Docket Order 592 To Specifically Reference Movant's OH Real Property filed by Movant Darlene Oliver. (Attachments: #1 Text of Proposed Order) Attorney Christopher F. Bond added to party Darlene Oliver(pty:mov)(Bond, Christopher)
December 15, 2018 Filing 1042 NOTICE of Final Financial Statement and Funds Provided to Clerk of Court by Diane Thompson (Attachments: #1 Exhibit A - Final Financial Statement.) (Vartabedian, Melanie)
October 19, 2018 Filing 1040 Please be advised the Record is complete for purposes of appeal for USCA case numbers 18-04114, 18-04121 re #1024 Notice of Appeal, #1029 Notice of Appeal. (dla)
October 17, 2018 Filing 1039 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Order to Show Cause held on 2/26/2015 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. 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. To redact additional information a Motion to Redact must be filed. 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 11/7/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/15/2019. (dla) Modified by removing restricted text on 1/15/2019 (rgj).
October 15, 2018 Filing 1038 TRANSCRIPT REQUEST FORM filed by Diane Thompson for proceedings held on 02/26/2015 before Judge Robert J. Shelby, re #1024 Notice of Appeal (Vartabedian, Melanie)
October 4, 2018 Opinion or Order Filing 1037 ORDER of USCA Tenth Circuit as to #1029 Notice of Appeal filed by Diane Thompson ] Order filed by Clerk of the Court. Counsel for the appellant is directed to contact the district court regarding the transcripts ordered for the appeal and then file an amended transcript order form by 10/15/2018 for Michelle DeYoung. Served on 10/04/2018. Text only entry - no attachment. (dla)
September 13, 2018 Filing 1035 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 7/10/18 before Judge Robert J. Shelby. Court Reporter/Transcriber Ed Young, Telephone number (801) 238-3202. 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. To redact additional information a Motion to Redact must be filed. 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 10/4/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/12/2018. (dla) Modified by removing restricted text on 12/12/2018 (rgj).
September 12, 2018 Filing 1034 Please be advised the Record is complete for purposes of appeal for USCA case number 18-04121 re #1029 Notice of Appeal. (dla)
September 11, 2018 Filing 1033 TRANSCRIPT REQUEST by Diane Thompson for proceedings held on N/A before Judge N/A.. (Vartabedian, Melanie)
September 11, 2018 Filing 1032 TRANSCRIPT REQUEST FORM filed by Diane Thompson for proceedings held on 2/26/15; 11/12/15; 11/30/15 before Judge Shelby; Pead; Pead, re #1024 Notice of Appeal (Vartabedian, Melanie)
August 29, 2018 Filing 1031 USCA Case Number Case Appealed to Tenth Case Number 18-4121 for #1029 Notice of Appeal filed by Diane Thompson. (jmr)
August 28, 2018 Filing 1030 Transmission of Preliminary Record to USCA re #1029 Notice of Appeal as to Tenth Circuit. (Attachments: #1 Appendix Preliminary Record) (dla)
August 27, 2018 Filing 1029 NOTICE OF APPEAL filed by Diane Thompson. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3089774. (Vartabedian, Melanie)
August 27, 2018 Filing 1028 TRANSCRIPT REQUEST by Diane Thompson for proceedings held on July 10, 2018 before Judge Robert J. Shelby.. (Vartabedian, Melanie)
August 14, 2018 Filing 1027 TRANSCRIPT REQUEST FORM filed by Michelle DeYoung for proceedings held on 7/10/18 before Judge Shelby, re #1024 Notice of Appeal (Beckett, Kristian)
August 13, 2018 Filing 1026 USCA Case Number Case Appealed to Tenth Case Number 18-4114 for #1024 Notice of Appeal filed by Michelle DeYoung. (jmr)
August 13, 2018 Filing 1025 Transmission of Preliminary Record to USCA re #1024 Notice of Appeal. (Attachments: #1 Appendix Preliminary Record) (dla)
August 10, 2018 Filing 1024 NOTICE OF APPEAL as to #1020 Order on Motion to Enforce, #1021 Order Dismissing Case, filed by Michelle DeYoung. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3076420. (Beckett, Kristian)
July 13, 2018 Filing 1023 FINAL JUDGMENT as to American Pension Services, Inc. Signed by Judge Robert J. Shelby on 7/13/18. (dla)
July 13, 2018 Filing 1022 CONSENT TO ENTRY of Final Judgment as to American Pension Services filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Proposed Final Judgment)(Oliver, Amy)
July 12, 2018 Opinion or Order Filing 1021 ORDER Terminating Receivership and Closing Action: Having read and considered the Receiver's Motion and other relevant filings in this action, and no written objections having been filed, the Court finds that it is appropriate to terminate this receivership and close this action. Accordingly, the #988 Receiver's Motion is GRANTED. Case closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Robert J. Shelby on 7/12/18. (dla)
July 12, 2018 Opinion or Order Filing 1020 ORDER denying #994 Michelle Deyoung's Second Motion to Enforce Settlement Agreement. For the reasons stated on the July 10, 2018 record at the hearing, the court DENIES the Motion. The court declines the Receiver's request for attorney's fees. Signed by Judge Robert J. Shelby on 7/12/18. (dla)
July 11, 2018 Opinion or Order Filing 1018 ORDER Approving #1010 Seventeenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2018 Through June 28, 2018. Signed by Judge Robert J. Shelby on 7/11/18. (dla)
July 11, 2018 Opinion or Order Filing 1017 ORDER Approving #1004 Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 Through March 31, 2018. Signed by Judge Robert J. Shelby on 7/11/18. (dla)
July 11, 2018 Opinion or Order Filing 1016 ORDER Approving #984 Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 Through December 31, 2017. Signed by Judge Robert J. Shelby on 7/11/18. (dla)
July 10, 2018 Filing 1019 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 7/10/2018, re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017 filed by Diane Thompson, #988 MOTION filed by Diane Thompson, #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support filed by Michelle DeYoung, #1004 MOTION for Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 through March 31, 2018 filed by Diane Thompson, #1010 MOTION for Seventeenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2018 through June 28, 2018 filed by Diane Thompson. The court hears oral argument and rules as follows: Docket entry #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017 filed by Diane Thompson is GRANTED. Docket entry #1004 MOTION for Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 through March 31, 2018 filed by Diane Thompson is GRANTED. Docket entry #1010 MOTION for Seventeenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2018 through June 28, 2018 filed by Diane Thompson is GRANTED. Docket Entry #988 MOTION to Terminated Receivership filed by Diane Thompson is GRANTED. Docket entry #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support filed by Michelle DeYoung is DENIED. Counsel for Intervenor Defendant may review boxes of documents delivered to the SEC by Mr. Paul Moxley. Attorney for Plaintiff: Amy Oliver - SEC; Melanie Vartabedian, Mark Gaylord for receiver Diane Thompson; Attorney for Defendant: Kristian Beckett, Ben Grindstaff for Intervenor Defendant Michelle DeYoung. Court Reporter: Ed Young.(mjm)
July 10, 2018 Filing 1015 NOTICE of Partial Satisfaction and Delivery of Paper File by Michelle DeYoung re #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support , #1006 Reply Memorandum/Reply to Response to Motion (Attachments: #1 Affidavit f Michelle DeYoung) (Beckett, Kristian)
July 10, 2018 Filing 1014 AMENDED NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017, #988 MOTION TO TERMINATE RECEIVERSHIP, #994 Second MOTION to Enforce Settlement Agreement, #1004 MOTION for Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 through March 31, 2018, #1010 MOTION for Seventeenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2018 through June 28, 2018 filed by Receiver Diane Thompson. : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/10/2018 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Additional motion will be heard on 7/10/2018 at 3:00 p.m. (mjm)
July 9, 2018 Filing 1013 Motions No Longer Referred: #1010 Motion for Seventeenth Application for Interim Compensation of Receiver will be addressed by the District Court. (amn)
July 6, 2018 Opinion or Order Filing 1012 ORDER granting #1011 Motion to File Fee Application Exhibits In Camera. The Receiver shall file Exhibits A, B, and C in camera. Signed by Judge Robert J. Shelby on 7/6/18. (dla)
July 6, 2018 Filing 1011 MOTION to File Fee Application Exhibits in Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
July 6, 2018 Filing 1010 MOTION for Seventeenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2018 through June 28, 2018 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B - Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C - Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
June 25, 2018 Filing 1009 AMENDED NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017, #988 MOTION TO TERMINATE RECEIVERSHIP, #994 Second MOTION to Enforce Settlement Agreement, #1004 MOTION for Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 through March 31, 2018 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/10/2018 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Additional motions will be heard on 7/10/2018 at 3:00 p.m. (mjm)
June 12, 2018 Opinion or Order Filing 1008 ORDER Releasing Interpleaded Funds: Pursuant to the court's #779 Order Re: Interpleaded Funds Related to the Management Solutions, Inc. Receivership, the court hereby ORDERS the Clerk of Court to pay recently-interpleaded funds in the amount of $14,865.01 to the party listed in the order. Signed by Judge Robert J. Shelby on 6/12/18. (dla)
May 21, 2018 Filing 1007 Motions No Longer Referred: #1004 MOTION for Sixteenth Application for Interim Compensation will be handled by the District Court. (amn)
May 18, 2018 Filing 1006 REPLY to Response to Motion re #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Beckett, Kristian)
May 16, 2018 Opinion or Order Filing 1005 ORDER granting #1003 Motion to File Fee Application Exhibits In Camera. The Receiver shall file Exhibits A, B, and C in camera. Signed by Magistrate Judge Dustin B. Pead on 5/15/18. (dla)
May 15, 2018 Filing 1004 MOTION for Sixteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2018 through March 31, 2018 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B - Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C - Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
May 15, 2018 Filing 1003 MOTION to File Fee Application Exhibits in Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
May 7, 2018 Opinion or Order Filing 1002 ORDER granting #999 Motion for Leave to File #994 Overlength Opposition to Second Motion to Enforce Settlement Agreement. Signed by Magistrate Judge Dustin B. Pead on 5/7/18. (jlw)
May 4, 2018 Filing 1001 MEMORANDUM in Opposition re #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Declaration of Diane A. Thompson, #2 Exhibit B-Jan. 15, 2018 Letter from M. Camp)(Vartabedian, Melanie)
May 4, 2018 Filing 1000 REQUEST to Submit for Decision re #999 Ex Parte (Not Sealed) MOTION for Leave to File Over-length Receiver's Opposition to Second Motion to Enforce Settlement Agreement filed by Receiver Diane Thompson. (Vartabedian, Melanie)
May 4, 2018 Filing 999 Ex Parte (Not Sealed) MOTION for Leave to File Over-length Receiver's Opposition to Second Motion to Enforce Settlement Agreement filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
May 4, 2018 Filing 998 REPLY to Response to Motion re #988 MOTION filed by Receiver Diane Thompson. (Vartabedian, Melanie)
May 2, 2018 Filing 997 Motions No Longer Referred: #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support (chambers)
April 27, 2018 Filing 996 AMENDED CORRECTED NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017 , #988 MOTION : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/10/2018 at 03:00 PM in Rm 7.300 before Judge Robert J. Shelby. Please disregard previous Notice of Hearing. Motion hearing has been reset to 7/10/2018 at 3:00 p.m. per entry dated 4/5/2018 docket entry 990 (mjm)
April 27, 2018 Filing 995 NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017, #988 STATUS REPORT Receiver's Final Report, Final Accounting, and Motion to Terminate Receivership by Diane Thompson : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/3/2018 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
April 21, 2018 Filing 994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support filed by Intervenor Plaintiff Michelle DeYoung. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) Motions referred to Dustin B. Pead.(Beckett, Kristian)
April 20, 2018 Filing 993 RESPONSE to Motion re #988 MOTION to terminate receivership filed by Intervenor Plaintiff Michelle DeYoung. (Beckett, Kristian)
April 19, 2018 Opinion or Order Filing 992 ORDER granting #991 Stipulated Motion for Extension of Time for Michelle Deyoung to Respond to Motion to Terminate Receivership. Michelle DeYoung is granted an extension until 4/20/2018, to file her Response to the Motion. Signed by Magistrate Judge Dustin B. Pead on 4/19/18. (dla)
April 19, 2018 Filing 991 MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Intervenor Plaintiff Michelle DeYoung. (Attachments: #1 Proposed order on Motion to Extend time) Motions referred to Dustin B. Pead.(Beckett, Kristian)
April 5, 2018 Filing 990 AMENDED NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017, #988 STATUS REPORT Receiver's Final Report, Final Accounting, and Motion to Terminate Receivership by Diane Thompson: (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 7/10/2018 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Hearing date moved to 7/10/2018 at 3:00 p.m. (mjm)
April 3, 2018 Filing 989 NOTICE OF HEARING ON MOTION re: #984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017, #988 STATUS REPORT Receiver's Final Report, Final Accounting, and Motion to Terminate Receivership by Diane Thompson. : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/3/2018 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
March 30, 2018 Filing 988 STATUS REPORT Receiver's Final Report, Final Accounting, and Motion to Terminate Receivership by Diane Thompson. (Attachments: #1 Exhibit A - Operating Cash 1st Q 2018, #2 Exhibit B - Trust Cash 1st Q 2018, #3 Exhibit C - Distribution Letters, #4 Exhibit D - CRA Revaluation Letter, #5 Exhibit E - FAQs, #6 Exhibit F - Letter from K. Beckett 3.16.18, #7 Exhibit G - Letter to K. Beckett 3.29.18, #8 Exhibit H - Operating Cash Final Report, #9 Exhibit I - Trust Cash Final Report, #10 Exhibit J - Proposed Order Terminating Receivership and Closing Action)(Vartabedian, Melanie) Modified by correcting event type on 4/3/2018 (dla).
March 28, 2018 Filing 987 NOTICE OF WITHDRAWAL OF COUNSEL of Jeffrey D. Enquist filed by Melanie J. Vartabedian on behalf of Diane Thompson (Vartabedian, Melanie)
February 20, 2018 Filing 986 Motions No Longer Referred: #984 The Receiver's MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017 shall be handled by the District Court and is no longer referred to the Magistrate Judge. (amn)
February 15, 2018 Opinion or Order Filing 985 ORDER granting #983 Motion to File Fee Application Exhibits In Camera. The Receiver shall file Exhibits A, B, and C in camera. Signed by Magistrate Judge Dustin B. Pead on 2/15/18. (dla)
February 14, 2018 Filing 984 MOTION for Fifteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2017 through December 31, 2017 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B - Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C - Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 14, 2018 Filing 983 MOTION to File Fee Application Exhibits in Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 7, 2018 Opinion or Order Filing 982 ORDER Denying Without Prejudice #978 Motion for Entry of Consent Judgment. Signed by Judge Robert J. Shelby on 2/7/18. (dla)
January 31, 2018 Filing 981 STATUS REPORT Fifteenth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A - Summary of the Operating Cash Receipts and Disbursements of APS and APS 401(k), #2 Exhibit B - Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C - Summary of Assets, #4 Exhibit D - Summary of Known Creditors)(Vartabedian, Melanie)
January 24, 2018 Filing 980 NOTICE of Resignation of First Utah Bank as Custodian and Termination of Custodial Services Agreement by Diane Thompson (Vartabedian, Melanie)
January 23, 2018 Filing 979 NOTICE of Plaintiff's Motion for Civil Monetary Penalties Against Curtis L. DeYoung by Securities and Exchange Commission (Second Notice) (Oliver, Amy)
January 23, 2018 Filing 978 CONSENT MOTION FOR ENTRY of Final Judgment as to American Pension Services, Inc. filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Final Judgment as to American Pension Services, Inc.)(Oliver, Amy) Modified by correcting event type to motion on 1/31/2018 (dla).
January 12, 2018 Opinion or Order Filing 977 ORDER granting #976 Motion to Dismiss Intervention Action with prejudice. Signed by Judge Robert J. Shelby on 1/12/2018. (blh)
January 12, 2018 Filing 976 Stipulated MOTION to Dismiss Intervention Action filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order to Dismiss Intervention Action)(Colemere, Jeffrey)
January 8, 2018 Filing 975 DOCUMENTS LODGED consisting of letter to the court from Charles Fischer re: John Fischer address. (Clerk's NOTE: The clerk emailed Mr. John Fischer and obtained a news mailing address; Mr. Fischer requested not to receive notices on this case.) Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (jwt)
December 29, 2017 Filing 973 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Receiver's Proposed Plan of Distribution held on 12/19/17 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. 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. To redact additional information a Motion to Redact must be filed. 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 1/19/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/29/2018. (dla) Modified by removing restricted text on 3/29/2018 (rgj).
December 21, 2017 Opinion or Order Filing 971 ORDER Granting #947 Receiver's Plan of Distribution: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1) The Plan of Distribution is GRANTED; 2) The distribution methodology for this distribution, and, if necessary, any other distribution as outlined in the Plan of Distribution is APPROVED; 3) The Receiver is hereby AUTHORIZED and DIRECTED to distribute the Distributable Funds as soon as reasonably practicable on a pro-rata basis to the Compliant Account Owners identified in the attached Exhibit A, subject to payment of administrative costs and expenses. 4) The Receiver is AUTHORIZED to hold back the total sum of $175,000 of the Distributable Funds for the purpose of covering the on-going costs and expenses necessary to complete the distribution, wind up the receivership, file, and be heard with regard to a final accounting and approval to close the Receivership and discharge and release the Receiver of her duties in this case. Signed by Judge Robert J. Shelby on 12/20/17. (dla)
December 19, 2017 Filing 972 Minute Entry for proceedings held before Judge Robert J. Shelby: Miscellaneous Hearing held on 12/19/2017. Minute Entry for proceedings held before Judge Robert J. Shelby: Miscellaneous Hearing held on 12/19/2017. The court hears from counsel and from the Thorpes, investors. The court notes the Thorpes made a timely objection and an individual accommodation will be made on their behalf as requested in their objection. The court makes the following ruling: The Plan of Distribution is GRANTED. The distribution methodology for this distribution, and, if necessary, any other distribution as outlined in the Plan of Distribution is APPROVED. Receiver is hereby AUTHORIZED and DIRECTED to distribute the Distributable Funds as soon as reasonably practicable on a pro-rata basis to the Compliant Account Owners identified in the attached Exhibit A contained in docket entry #971 , subject to payment of administrative costs and expenses. The Receiver is AUTHORIZED to hold back the total sum of $175,000 of the Distributable Funds for the purpose of covering the on-going costs and expenses necessary to complete the distribution, wind up the receivership, file, and be heard with regard to a final accounting and approval to close the Receivership and discharge and release the Receiver of her duties in this case. An order to be entered. Attorney for Plaintiff Amy Oliver - representing the SEC; Mark Gaylor and Melanie Vartabedian on behalf of the receiver Diane Thompson. Court Reporter: Ray Fenlon.(mjm)
December 14, 2017 Filing 970 NOTICE of Receiver's Submission of Proposed Order Granting Receiver's Plan of Distribution by Diane Thompson (Attachments: #1 Exhibit 1 - Order Granting Receiver's Plan of Distribution) (Vartabedian, Melanie)
December 6, 2017 Opinion or Order Filing 969 ORDER Approving #962 Fourteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2017 Through September 30, 2017. Signed by Judge Robert J. Shelby on 12/6/17. (dla)
December 6, 2017 Opinion or Order Filing 968 ORDER Approving #935 Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 Through June 30, 2017. Signed by Judge Robert J. Shelby on 12/6/17. (dla)
December 6, 2017 Opinion or Order Filing 967 ORDER Approving #917 Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 through March 31, 2017. Signed by Judge Robert J. Shelby on 12/6/17. (dla)
December 5, 2017 Filing 966 MEMORANDUM in Response to APS Client Responses and Objections to Proposed Plan of Distribution filed by Diane Thompson. (Attachments: #1 Exhibit 1 - Notices, #2 Exhibit 2 - List of Client Responses)(Vartabedian, Melanie)
November 30, 2017 Filing 965 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/30/2017. The court hears from counsel and rules as follows: Docket entry #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017 filed by Diane Thompson is GRANTED, docket entry #935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017 filed by Diane Thompson is GRANTED, docket entry #962 MOTION for Fourteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2017 through September 30, 2017 filed by Diane Thompson is GRANTED. As to case 2:16cv23, the court grants docket entry 67- MOTION for Summary Judgment filed by Defendant Diane A. Thompson. The receiver will submit a proposed order. Attorney for Plaintiff: Paul Feindt; counsel for the receiver Diane Thompson: Mark Gaylord and Melanie Vartabedian; Jerome Mooney appears on behalf of Curtis L. DeYoung; Benjamin Grindstaff appears on behalf of Michelle DeYoung. Court Reporter: Ray Fenlon.(mjm)
November 27, 2017 Filing 964 Motions No Longer Referred: #962 MOTION for Fourteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2017 through September 30, 2017 shall be handled by the District Court and is no longer referred to the Magistrate Judge.
November 22, 2017 Opinion or Order Filing 963 ORDER granting #961 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 11/21/2017. (jds)
November 21, 2017 Filing 962 MOTION for Fourteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2017 through September 30, 2017 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B - Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C - Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit D - Summary of fees and expenses incurred by Richards Brandt Miller & Nelson (not attached), #5 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
November 21, 2017 Filing 961 MOTION to File Fee Application Exhibits in Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
November 13, 2017 Opinion or Order Filing 960 ORDER granting #959 Stipulated Motion to Extend Time to File Receivers Fourteenth Fee Application to the Court. The Receiver shall file her Fourteenth Fee Application with the Court on or before November 22, 2017. Signed by Judge Robert J. Shelby on 11/13/2017. (jds)
November 13, 2017 Filing 959 Stipulated MOTION for Extension of Time TO FILE RECEIVERS FOURTEENTH FEE APPLICATION WITH THE COURT filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time to File Fourteenth Fee Application) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
November 8, 2017 Opinion or Order Filing 958 ORDER granting #957 Stipulated Motion to Set Aside Judgment. Signed by Judge Robert J. Shelby on 11/8/2017. (jds)
November 8, 2017 Filing 957 Stipulated MOTION to Set Aside Judgment and Memorandum in Support filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order Setting Aside Judgment)(Colemere, Jeffrey)
November 2, 2017 Filing 956 SECOND AMENDED NOTICE OF HEARING ON MOTION re: #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017, #935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017: (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 11/30/2017 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. -- The court will also hear 2:16cv23 FDIC v. Thompson docket entry 67 Motion for Summary Judgment on 11/30/2017 AT 2:30p.m. (mjm)
October 31, 2017 Filing 955 STATUS REPORT Fourteenth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A - Summary of Operating Cash Receipts and Disbursements of APS, #2 Exhibit B - Summary of Operating Cash Receipts and Disbursements of APS Master Trust Account, #3 Exhibit C - Summary of Assets, #4 Exhibit D - Schedule of Assets of APS Clients, #5 Exhibit E - Summary of Creditors)(Vartabedian, Melanie)
October 31, 2017 Filing 954 AMENDED NOTICE OF HEARING ON MOTION re: #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017, #935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017 : Motion Hearing RESET for 11/21/2017 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. -- The court will also hear 2:16cv23 FDIC v. Thompson docket entry 67 Motion for Summary Judgment on 11/21/2017 AT 1:30 p.m. (Notice generated by Mary Jane McNamee) (mjm)
October 13, 2017 Filing 953 Mail sent to John Fischer (re 946 Notice) Returned as Undeliverable/"Not at this address". No forwarding address. (alt)
October 12, 2017 Filing 952 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Receiver's Proposed Plan of Distribution/Miscellaneous Hearing set for 12/19/2017 at 10:00 AM in Rm 7.300. (mjm)
October 12, 2017 Opinion or Order Filing 951 ORDER approving #947 MOTION to Approve Notice of Proposed Plan of Distribution. The court will hold a hearing to consider the Receiver's Proposed Plan of Distribution on 12/19/2017 at 10:00 AM in Rm 7.300. Signed by Judge Robert J. Shelby on 10/11/2017. (jds)
October 10, 2017 Remark: Receiver's "Complaint in Intervention and for Declaratory Relief" was incorrectly filed as an "Interpleader" so no party roles could be created related to it, no answers could be filed. As it is being dismissed, no corrections will be made at this time; however, parties are reminded that all Complaints in Intervention must be filed conventionally with the court, in paper with a PDF copy burned on disk for immediate upload to the docket as only court-users can file this type of complaint. (alt)
October 10, 2017 Opinion or Order Filing 950 ORDER granting #949 Motion to Dismiss #857 Complaint in Intervention without prejudice. Signed by Judge Robert J. Shelby on 10/9/17 (alt)
October 6, 2017 Filing 949 MOTION to Dismiss Receiver's Complaint in Intervention and for Declaratory Relief Without Prejudice filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order)(Vartabedian, Melanie)
September 25, 2017 Filing 948 Motions No Longer Referred: The Receiver's Proposed Plan of Distribution and Motion to Approve Notice of Proposed Plan of Distribution #947 is no longer referred and shall be handled by the District Court. (amn)
September 22, 2017 Filing 947 MOTION Receiver's Proposed Plan of Distribution and Motion to Approve Notice of Proposed Plan of Distribution and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Account Owner Claim Spreadsheet, #2 Exhibit B - First Utah's Withdrawal, #3 Exhibit C - Receiver's Source of Funds, #4 Exhibit D - Receiver's Distribution to Compliant Account Owners, #5 Exhibit E - U.S. v. DeYoung Judgment in a Criminal Case, #6 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
September 21, 2017 Filing 946 NOTICE OF HEARING ON MOTION re: #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017, #935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/16/2017 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. -- The court will also hear 2:16cv23 FDIC v. Thompson docket entry 67 Motion for Summary Judgment on 11/16/2017 at 1:30 p.m. (mjm)
September 6, 2017 Opinion or Order Filing 945 DOCKET TEXT ORDER - Pending motion #875 Motion for Partial Summary Judgment is rendered moot without prejudice to refile per the entry of order #944 granting Joint Stipulated Motion to Approve Settlement. Motion #875 is terminated. Signed by Judge Robert J. Shelby on 9/6/2017. No attached document. (jds)
September 6, 2017 Opinion or Order Filing 944 ORDER granting #942 Joint Stipulated Motion to Approve Settlement Between Wrona Gordon & DuBois, P.C. and Michelle DeYoung. Signed by Judge Robert J. Shelby on 9/6/2017. (jds)
September 5, 2017 Filing 943 Motions No Longer Referred: The Joint Stipulated Motion to Approve Settlement Agreement #942 shall be handled by the District Court. (amn)
August 30, 2017 Filing 942 MOTION Joint Stipulated Motion to Approve Settlement Agreement Between Wrona Gordon & DuBois, P.C. & DeYoung and Memorandum in Support filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit Exhibit A to Joint Motion to Approve Settlement Agreement, #2 Text of Proposed Order Order Approving Settlement Agreement Between Wrona Gordon & DuBois, P.C. and DeYoung) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
August 28, 2017 Filing 941 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Exhibit 1) (Gaylord, Mark)
August 18, 2017 Filing 940 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Z. Ryan Pahnke.Attorney Z. Ryan Pahnke will no longer receive notice from the court in this case including final judgment. (Pahnke, Z.)
August 17, 2017 Filing 939 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Thomas J. Burns.Attorney Thomas J. Burns will no longer receive notice from the court in this case including final judgment. (Burns, Thomas)
August 15, 2017 Filing 938 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas Duces Tecum) (Vartabedian, Melanie)
August 15, 2017 Opinion or Order Filing 937 ORDER granting #934 Motion to File Fee Application Exhibits in Camera. Signed by Magistrate Judge Dustin B. Pead on 8/15/17 (alt)
August 15, 2017 Filing 936 Motions No Longer Referred: #935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017 shall be handled by the District Court. (amn)
August 14, 2017 Filing 935 MOTION for Thirteenth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2017 through June 30, 2017 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B - Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C - Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit D - Summary of fees and expenses incurred by Richards Brandt Miller & Nelson (not attached), #5 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
August 14, 2017 Filing 934 MOTION to File Fee Application Exhibits in Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
August 9, 2017 Filing 933 NOTICE OF WITHDRAWAL OF COUNSEL of Robert G. Wing filed by Brent D. Wride -- on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Wride, Brent)
July 31, 2017 Filing 932 STATUS REPORT Thirteenth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A - Operating Account Cash, #2 Exhibit B - Master Trust Cash, #3 Exhibit C - Summary of Assets, #4 Exhibit D - Client Asset List, #5 Exhibit E - Creditors List)(Vartabedian, Melanie)
July 20, 2017 Opinion or Order Filing 931 DOCKET TEXT ORDER GRANTING #930 Motion to Continue. Based on the Joint Stipulated Motion of the parties, the court VACATES the hearing set for 7/20/2017 at 1:30 p.m. Signed by Judge Robert J. Shelby on 7/20/2017. No attached document. (mjm)
July 20, 2017 Filing 930 Joint MOTION to Continue Without Date the Hearing on Intervenor Wrona Gordon & DuBois, P.C.'s Motion for Partial Summary Judgment filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion to Continue Without Date the Hearing on Wrona Gordon & DuBois, P.C.'s Motion for Partial Summary Judgment) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
July 18, 2017 Filing 929 RESPONSE to Motion re #875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Affidavit of Michelle DeYoung)(Grindstaff, Benjamin)
July 18, 2017 Filing 928 EXHIBITS filed by Michelle DeYoung re #896 Memorandum in Opposition to Motion. (Grindstaff, Benjamin)
July 18, 2017 Filing 927 AFFIDAVIT/DECLARATION of Michelle DeYoung in Opposition re #875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Grindstaff, Benjamin)
July 17, 2017 Opinion or Order Filing 926 DOCKET TEXT ORDER granting #925 Motion for Extension of Time to File Response/Reply. Ms. DeYoung's Sur-Reply is due by 7/18/2017. Signed by Judge Robert J. Shelby on 7/17/17. No attached document. (chambers)
July 17, 2017 Filing 925 MOTION for Extension of Time to File Response/Reply as to 912 Order,, and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Grindstaff, Benjamin)
June 13, 2017 Filing 924 AMENDED NOTICE OF HEARING ON MOTION re: #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017 , #875 MOTION for Partial Summary Judgment : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/20/2017 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Additional Motion will be heard on 7/20/2017 at 1:30 p.m. (mjm)
May 23, 2017 Opinion or Order Filing 923 ORDER granting #915 Motion to Reassign Case No. 2:16-cv-792 to Judge Shelby as Ancillary to Present Case. Signed by Judge Robert J. Shelby on 5/23/2017. (jds)
May 22, 2017 Filing 922 Motions No Longer Referred: MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017 #917 shall be handled by the District Court. (amn)
May 17, 2017 Filing 921 AMENDED NOTICE OF HEARING ON MOTION re: #875 MOTION for Partial Summary Judgment : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 7/20/2017 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Hearing date moved to 7/20/2017 at 1:30 p.m. (mjm)
May 15, 2017 Opinion or Order Filing 920 ORDER granting #918 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 5/15/2017. (jds)
May 15, 2017 Opinion or Order Filing 919 DOCKET TEXT ORDER granting #914 MOTION to Continue Hearing Scheduled for June 15, 2017. The court cannot move the hearing to the dates Mr. Colemere stated he is available in May and June. The hearing re #875 Motion for Partial Summary Judgment will be heard on July 20, 2017, at 1:30 pm in Rm 7.300 before Judge Robert J. Shelby. No attached document. Signed by Judge Robert J. Shelby on 5/15/2017. (jds)
May 15, 2017 Filing 918 MOTION to File Fee Application Exhibits In Camera re #917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 15, 2017 Filing 917 MOTION Twelfth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2017 Through March 31, 2017 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 15, 2017 Filing 916 Motions No Longer Referred: #914 Motion to Continue Hearing Scheduled for June 15, 2017 shall be handled by the District Court (amn)
May 8, 2017 Filing 915 MOTION to Reassign Case and Memorandum in Support to Transfer Case No. 2:16-cv-792 to Judge Shelby as Ancillary to Present Case filed by Receiver Diane Thompson. (Vartabedian, Melanie)
May 4, 2017 Filing 914 MOTION to Continue Hearing Scheduled for June 15, 2017 filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order on Motion to Reset 6-15-17 Hearing Date) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
May 3, 2017 Filing 913 NOTICE OF HEARING ON MOTION re: #875 MOTION for Partial Summary Judgment: (Notice generated by Mary Jane McNamee) Motion Hearing set for 6/15/2017 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
May 3, 2017 Opinion or Order Filing 912 DOCKET TEXT ORDER re #911 Objections, Michelle DeYoung may file a response to the new argument she claims Wrona Gordon & DuBois made in its Reply in Support of Motion for Partial Summary Judgment--that specific language from a settlement agreement removed certain retirement account funds from ERISA anti-alienation provisions. Such response shall be filed no later than May 26, 2017, and shall be no longer than five (5) pages. No attached document. Signed by Judge Robert J. Shelby on 5/3/2017. (jds)
May 1, 2017 Filing 911 OBJECTIONS to #905 Reply Memorandum/Reply to Response to Motion filed by Michelle DeYoung. (Attachments: #1 Affidavit of Michelle DeYoung)(Grindstaff, Benjamin)
May 1, 2017 Filing 910 MANDATE of USCA as to #694 Notice of Appeal, filed by Michelle Seiler, Richard Seiler, Christa Zaro According to the USCA the Judgment of the USDC for the Dist of UT is AFFIRMED. Judgment included with mandate: Yes. (Attachments: #1 Opinion Cover Letter, #2 Published Opinion, #3 Mandate Letter)(jds)
May 1, 2017 Filing 909 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Jared N. Parrish.Attorney Jared N. Parrish will no longer receive notice from the court in this case including final judgment. (Parrish, Jared)
May 1, 2017 Filing 908 NOTICE OF WITHDRAWAL OF COUNSEL of Jared N. Parrish filed by Jared N. Parrish on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Parrish, Jared)
April 28, 2017 Filing 907 STATUS REPORT Twelfth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A - Operating Acct Cash 1Q 2017, #2 Exhibit B - Master Trust Cash 1Q 2017, #3 Exhibit C - Summary of Assets, #4 Exhibit D - Client Asset List 03 31 17, #5 Exhibit E - Creditor List)(Vartabedian, Melanie)
April 27, 2017 Filing 906 REQUEST to Submit for Decision re #875 MOTION for Partial Summary Judgment and Memorandum in Support , #896 Memorandum in Opposition to Motion, #905 Reply Memorandum/Reply to Response to Motion filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Colemere, Jeffrey)
April 24, 2017 Filing 905 REPLY to Response to Motion re #875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Colemere, Jeffrey)
April 17, 2017 Filing 903 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 4, 2017 before Judge Robert J. Shelby. Court Reporter/Transcriber KELLY BROWN HICKEN, RPR, CSR, RMR, Telephone number 801-521-7238. 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. To redact additional information a Motion to Redact must be filed. 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 5/8/2017. Redacted Transcript Deadline set for 5/18/2017. Release of Transcript Restriction set for 7/17/2017. (jds) Modified on 7/17/2017 by removing restricted text (las).
April 17, 2017 Opinion or Order Filing 902 ORDER denying #873 Motion to Reconsider. The court hereby ORDERS: 1) Fischer shall make his loss allocation payment in the amount of $13,786.70 within twenty (20) days; 2) At this time, the court declines the Receivers request to award attorney fees and costs. Signed by Judge Robert J. Shelby on 4/17/2017. (jds)
April 6, 2017 Opinion or Order Filing 901 ORDER Follows oral ruling of April 4, 2017 re 900 Motion Hearing. Signed by Judge Robert J. Shelby on 4/5/2017. (jds)
April 5, 2017 Opinion or Order Filing 899 ORDER granting #858 Motion for Eleventh Interim Fee Application for Receiver and Receivers Professionals for Services Rendered October 1, 2016 through December 31, 2016. Signed by Judge Robert J. Shelby on 4/4/2017. (jds)
April 4, 2017 Filing 900 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 4/4/2017 re: #848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung filed by Diane Thompson, #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 filed by Diane Thompson, #864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint filed by Michelle DeYoung, #884 First MOTION to Expedite Motion to Lift Freeze filed by Michelle DeYoung. The court hears oral argument and rules as follows: #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 filed by Diane Thompson is GRANTED. The court will enter a written order. Pursuant to the court granting docket entry #771 MOTION for Partial Summary Judgment filed by Intervenor Plaintiff Wrona Gordon & DuBois somem time ago, the court enters Judgment in favor of Wrona Gordon & DuBois and against Michelle DeYoung in the amount of $62,351.12. Docket entry #864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint filed by Intervenor Defendant Michelle DeYoung is DENIED. Docket entry #884 First MOTION to Lift Freeze and MOTION to Expedite filed by Intervenor Plaintiff Michelle DeYoung is GRANTED. The court will issue a written order. Attorney for Plaintiff: Amy Oliver, Daniel Wadley; Attorney Ben Grindstaff and Kristian Beckett for Michelle DeYoung, Intervenor Plaintiff and Intervenor Defendant; Melanie Vartabedian and Jeffrey Enquist for Receiver Diane Thompson; Jerome Mooney for Defendant Curtis DeYoung; Frank Slaugh for Nancy Emmons, Interested Party; Jeffrey Colemere for Wrona, Gordan and Dubois, Intervenor Plaintiff. Court Reporter: Kelly Hicken.(mjm)
April 4, 2017 Filing 898 JUDGMENT in favor of Wrona Gordon & DuBois against Michelle DeYoung in the amount of $62,351.12. Signed by Judge Robert J. Shelby on 4/4/2017. (jds)
April 3, 2017 Filing 897 REPLY to Response to Motion re #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support of motion filed by Intervenor Defendant Michelle DeYoung. (Beckett, Kristian)
April 3, 2017 Filing 896 MEMORANDUM in Opposition re #875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Grindstaff, Benjamin)
April 3, 2017 Filing 895 AMENDED NOTICE OF HEARING ON MOTION re: #848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung , #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 , #864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint, #884 First MOTION to Expedite Motion to Lift Freeze, : (Notice generated by Mary Jane McNamee) Motion Hearing set for 4/4/2017 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: ADDITIONAL MOTION WILL BE HEARD (mjm)
March 30, 2017 Filing 894 OBJECTIONS Opposition to #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support of motion Opposition filed by Wrona Gordon & DuBois. (Colemere, Jeffrey)
March 28, 2017 Filing 893 AMENDED NOTICE OF HEARING ON MOTION re: #884 First MOTION to Expedite Motion to Lift Freeze of motion, #848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung, #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 4/4/2017 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Additional motion will be heard on 4/4/2017 at 1:00 p.m. (mjm)
March 28, 2017 Filing 892 Motions No Longer Referred: #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support of motion (chambers)
March 28, 2017 Opinion or Order Filing 891 DOCKET TEXT ORDER re #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support filed by Michelle DeYoung. It is ordered that any responses or oppositions are to be filed no later than Thursday, March 30, 2017, at 5:00 pm. No attached document. Signed by Judge Robert J. Shelby on 3/28/2017. (jds)
March 27, 2017 Opinion or Order Filing 890 ORDER granting #889 Motion for Extension of Time to File Response/Reply re #875 MOTION for Partial Summary Judgment and Memorandum in Support . Responses due by 4/3/2017. Signed by Judge Robert J. Shelby on 3/27/2017. (jds)
March 27, 2017 Filing 889 Stipulated MOTION for Extension of Time for Michelle DeYoung to Respond to Motion for Partial Summary Judgement filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Grindstaff, Benjamin) Modified event type on 3/27/2017 (jds).
March 22, 2017 Filing 888 NOTICE of to Submit on Proposed Judgment and Proposed Order on Wrona Gordon & DuBois PC's Partial Motion for Summary Judgment by Wrona Gordon & DuBois re #865 Affidavit/Declaration in Support of Motion, (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order) (Colemere, Jeffrey)
March 21, 2017 Filing 887 REPLY to Response to Motion re #864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint and Memorandum in Support of motion filed by Intervenor Defendant Michelle DeYoung. (Beckett, Kristian)
March 17, 2017 Filing 886 REQUEST to Submit for Decision re #865 Affidavit/Declaration in Support of Motion, for Partial Summary Judgment filed by Intervenor Plaintiff Wrona Gordon & DuBois, (Proposed) Judgment & Order filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Colemere, Jeffrey)
March 17, 2017 Filing 885 NOTICE of Proposed Order by Michelle DeYoung re #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support of motion (Beckett, Kristian)
March 17, 2017 Filing 884 First MOTION to Lift Freeze and Memorandum in Support, MOTION to Expedite filed by Intervenor Plaintiff Michelle DeYoung. Motions referred to Dustin B. Pead.(Beckett, Kristian). Added MOTION type on 3/23/2017 (jds).
March 13, 2017 Filing 883 RESPONSE to Motion re #873 MOTION for Reconsideration re #866 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 8, 2017 Opinion or Order Filing 882 ORDER granting #880 Motion for Leave to File Overlength Opposition to Motion for Leave of Court to Amend Answer to Add Counterclaim and Third Party Complaint of Michelle DeYoung. Signed by Judge Robert J. Shelby on 3/8/2017. (jds)
March 7, 2017 Filing 881 MEMORANDUM in Opposition re #880 MOTION for Leave to File Over-length Opposition to DeYoung's Motion to Amend Answer filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit A, Settlement Conference Order, #2 Exhibit B, Settlement Agreement and Mutual Release, #3 Exhibit C, Declaration of Jeffrey T. Colemere and Exhibit 1 thereto)(Colemere, Jeffrey)
March 7, 2017 Filing 880 MOTION for Leave to File Over-length Opposition to DeYoung's Motion to Amend Answer filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
March 6, 2017 Opinion or Order Filing 879 ORDER granting #877 Motion for Extension of Time to File Response/Reply re #864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint and Memorandum in Support of motion. Responses due by 3/7/2017. Signed by Magistrate Judge Dustin B. Pead on 3/6/2017. (jds)
March 3, 2017 Filing 878 NOTICE of Non-opposition by Michelle DeYoung (Beckett, Kristian)
March 3, 2017 Filing 877 MOTION for Extension of Time to File Response in Opposition #864 Michelle DeYoung's Motion for Leave of the Court to Amend Answer to Add Counterclaim and Third Party Complaint filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time) Motions referred to Dustin B. Pead.(Colemere, Jeffrey) Modified docket entry relationship and event type on 3/6/2017 (jds).
February 27, 2017 Filing 876 Motions No Longer Referred: MOTION for Reconsideration of District Court's Order #873 and Defendant's motion for Leave to file Amended Answer to Counterclaim #864 shall be handled by the District Court. (amn)
February 27, 2017 Filing 875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit A to Wrona Gordon & Dubois PC's Motion for Partial Summary Judgment & Memorandum in Support, #2 Exhibit B to Wrona Gordon & Dubois PC's Motion for Partial Summary Judgment & Memorandum in Support)(Colemere, Jeffrey)
February 27, 2017 Opinion or Order Filing 874 ORDER denying without prejudice #772 Motion for Civil Monetary Penalties. Signed by Judge Robert J. Shelby on 2/27/2017. (jds)
February 23, 2017 Filing 873 MOTION for Reconsideration re #866 Order granting #850 MOTION For an Order of Judicial Dissolution of Limited Liability Companies Organized in Utah Held by APS for the benefit of APS Account Holders and Memorandum in Support, filed by Interested Party John Fischer. Motions referred to Dustin B. Pead.(jds) (Additional attachment(s) added on 2/27/2017: #1 Mailing Certificate) (jds).
February 23, 2017 Opinion or Order Filing 872 ORDER re letter received by the court from John Fischer, APS Account Holder re #866 Order granting #850 MOTION For an Order of Judicial Dissolution of Limited Liability Companies Organized in Utah Held by APS for the benefit of APS Account Holders. Given letters timing, sent before the court entered its Order, the court will construe it as a Motion for Reconsideration of a Valuation only as to Fischer, and will lodge it on the docket as such. The Receiver shall respond to Fischers Motion by Monday, March 13, 2017. Signed by Judge Robert J. Shelby on 2/23/2017. (jds) (Additional attachment(s) added on 2/27/2017: #1 Mailing Certificate) (jds).
February 23, 2017 Filing 871 NOTICE OF HEARING ON MOTION re: #848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung, #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 4/4/2017 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
February 23, 2017 Opinion or Order Filing 870 ORDER granting #854 Motion MOTION for an Order Authorizing the Liquidation of Stock Held by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 2/23/2017. (jds)
February 23, 2017 Opinion or Order Filing 869 ORDER granting #853 MOTION for an Order of Judicial Dissolution of Limited Liability Companies Held in Jurisdictions other than Utah by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 2/23/2017. (jds)
February 23, 2017 Opinion or Order Filing 868 ORDER granting #852 MOTION for an Order Authorizing the Sale of Real Property Held by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 2/23/2017. (jds)
February 23, 2017 Opinion or Order Filing 867 ORDER granting #851 MOTION for an Order Authorizing the Liquidation of Promissory Notes Held by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 2/23/2017. (jds)
February 23, 2017 Opinion or Order Filing 866 ORDER granting #850 MOTION For an Order of Judicial Dissolution of Limited Liability Companies Organized in Utah Held by APS for the benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 2/23/2017. (jds)
February 17, 2017 Filing 865 AFFIDAVIT/DECLARATION of Jeffrey T. Colemere in Support re #771 MOTION for Partial Summary Judgment filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit Exhibit A to Declaration of Jeffrey T. Colemere in Support of Proposed Judgment, #2 Text of Proposed Order Text of Proposed Judgment, #3 Text of Proposed Order Text of Proposed Order on Wrona Gordon & DuBois P.C.'s Partial Motion for Summary judgment)(Colemere, Jeffrey)
February 17, 2017 Filing 864 Defendant's MOTION for Leave to File Amended Answer to add counterclaim and third party complaint and Memorandum in Support of motion filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Exhibit Amended Answer with Counter Claim and 3rd Party Claim) Motions referred to Dustin B. Pead.(Beckett, Kristian)
February 16, 2017 Filing 863 NOTICE of Appearance by Kristian S. Beckett on behalf of Michelle DeYoung (Beckett, Kristian)
February 7, 2017 Filing 862 NOTICE of Appearance by Franklin L. Slaugh on behalf of Nancy Emmons (Slaugh, Franklin)
February 7, 2017 Opinion or Order Filing 861 ORDER granting #859 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 2/6/2017. (jds)
February 7, 2017 Filing 860 Motions No Longer Referred: MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered #858 ; and MOTION to File Fee Application Exhibits In Camera #859 shall be handled by the District Court. (amn)
February 6, 2017 Filing 859 MOTION to File Fee Application Exhibits In Camera re #858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
February 6, 2017 Filing 858 MOTION Eleventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2016 Through December 31, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (Not Attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (Not Attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (Not Attached), #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
January 31, 2017 Filing 857 INTERPLEADER by Diane Thompson. (Vartabedian, Melanie)
January 30, 2017 Filing 856 STATUS REPORT (Eleventh Quarterly) by Diane Thompson. (Attachments: #1 Exhibit A - Summary of the Operating Cash Receipts and Disbursements of APS and APS 401(k), #2 Exhibit B - Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C - Summary of Assets, #4 Exhibit D - Schedule of Assets of APS Clients, #5 Exhibit E - Summary of Known Creditors)(Vartabedian, Melanie)
January 23, 2017 Filing 855 Motions No Longer Referred: #851 MOTION for an Order Authorizing the Liquidation of Promissory Notes Held by APS for the Benefit of APS Account Holders and Memorandum in Support , #853 MOTION for an Order of Judicial Dissolution of Limited Liability Companies Held in Jurisdictions other than Utah by APS for the Benefit of APS Account Holders and Memorandum in Support , #854 MOTION for an Order Authorizing the Liquidation of Stock Held by APS for the Benefit of APS Account Holders and Memorandum in Support , #850 MOTION For an Order of Judicial Dissolution of Limited Liability Companies Organized in Utah Held by APS for the benefit of APS Account Holders and Memorandum in Support , #852 MOTION for an Order Authorizing the Sale of Real Property Held by APS for the Benefit of APS Account Holders and Memorandum in Support . These motions are no longer referred to the Magistrate and shall be handled by the District Court. (amn)
January 18, 2017 Filing 854 MOTION for an Order Authorizing the Liquidation of Stock Held by APS for the Benefit of APS Account Holders and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
January 18, 2017 Filing 853 MOTION for an Order of Judicial Dissolution of Limited Liability Companies Held in Jurisdictions other than Utah by APS for the Benefit of APS Account Holders and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
January 18, 2017 Filing 852 MOTION for an Order Authorizing the Sale of Real Property Held by APS for the Benefit of APS Account Holders and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
January 18, 2017 Filing 851 MOTION for an Order Authorizing the Liquidation of Promissory Notes Held by APS for the Benefit of APS Account Holders and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
January 18, 2017 Filing 850 MOTION For an Order of Judicial Dissolution of Limited Liability Companies Organized in Utah Held by APS for the benefit of APS Account Holders and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
January 17, 2017 Filing 849 Motions No Longer Referred: #848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung and Memorandum in Support shall be handled by the District Court. (amn)
January 12, 2017 Filing 848 MOTION An Order of Judicial Dissolution of Certain Limited Liability Companies Organized in Utah Owned and/or Controlled By Curtis DeYoung and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Statement in Advance of Plea of Guilty, #2 Exhibit B-Decree of Divorce and Judgment, #3 Exhibit C-Settlement Agreement of Michelle DeYoung, #4 Exhibit D-Articles of Organization LIC Environmental, L.C., #5 Exhibit E-1999 LLC Annual Report of LIC Environmental, L.C., #6 Exhibit F-Articles of Organization LJP Holdings LLC, #7 Exhibit G-Articles of Organization First Silverado Properties LLC, #8 Exhibit H-Articles of Organization QuickSilver Management, LLC., #9 Exhibit I-Articles of Organization DLC2 Investments LLC, #10 Exhibit J-Articles of Organization RE Ventures LLC, #11 Exhibit K-Trust Deed - Lister, #12 Exhibit L-Trust Deed Van Brunt, #13 Exhibit M-Deposition of Byron LaMont Smith, #14 Exhibit N-Deposition of Dean Becker) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
December 12, 2016 Filing 847 MANDATE of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung According to the USCA the Order of the USDC for the Dist of UT is Appeal is Dismissed. (Attachments: #1 Order Cover Letter)(jds)
December 6, 2016 Filing 846 NOTICE of Noncompliance with Court Order by Michelle DeYoung by Diane Thompson (Vartabedian, Melanie)
November 30, 2016 Filing 845 NOTICE of Compliance with Creditor Bar Date Notice by Diane Thompson (Attachments: #1 Exhibit A - Letter dated Nov. 29, 2016, #2 Exhibit B - Notice) (Enquist, Jeffrey)
November 30, 2016 Filing 844 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas for Wells Fargo, N.A. and Asset Acquisition Partners of America) (Gaylord, Mark)
November 29, 2016 Opinion or Order Filing 843 ORDER granting #826 Receivers Motion and Memorandum for an Order Authorizing the Liquidation of Stock Held by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 11/29/2016. (jds)
November 29, 2016 Opinion or Order Filing 842 ORDER granting #825 Receivers Motion and Memorandum for an Order Authorizing the Liquidation of Promissory Notes Held by APS for the Benefit of APS Account Holders. Signed by Judge Robert J. Shelby on 11/29/2016. (jds)
November 28, 2016 Opinion or Order Filing 841 ORDER re 835 Motion Hearing held on November 22, 2016. Written order approving #819 Receiver's Motion for an Order Authorizing the Sale of Real Property Held by APS for Benefit of Clients. Signed by Judge Robert J. Shelby on 11/28/2016. (jds)
November 28, 2016 Filing 839 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on NOVEMBER 22, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. 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. To redact additional information a Motion to Redact must be filed. 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 12/19/2016. Redacted Transcript Deadline set for 12/29/2016. Release of Transcript Restriction set for 2/27/2017. (jds) Modified by removing restricted text on 2/27/2017 (blh).
November 23, 2016 Opinion or Order Filing 838 ORDER re 835 Motion Hearing. Follows oral order of November 22, 2016. Signed by Judge Robert J. Shelby on 11/23/2016. (jds)
November 22, 2016 Opinion or Order Filing 837 ORDER granting #829 Motion re Tenth Interim Fee Application for Receiver and Receivers Professionals for Services Rendered July 1, 2016 through September 30, 2016. Signed by Judge Robert J. Shelby on 11/22/2016. (jds)
November 22, 2016 Opinion or Order Filing 836 ORDER granting #802 Motion re Ninth Interim Fee Application for Receiver and Receivers Professionals for Services Rendered April 1, 2016 through June 30, 2016. Signed by Judge Robert J. Shelby on 11/22/2016. (jds)
November 22, 2016 Filing 835 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/22/2016 re: #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 filed by Diane Thompson, #829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 filed by Diane Thompson, #819 MOTION for Order of Sale and Memorandum in Support THE SALE OF REAL PROPERTY HELD BY APS FOR BENEFIT OF CLIENTS filed by Diane Thompson, #825 MOTION for Order of Sale and Memorandum in Support FOR AN ORDER AUTHORIZING THE LIQUIDATION OF PROMISSORY NOTES HELD BY APS FOR THE BENEFIT OF APS ACCOUNT HOLDERS filed by Diane Thompson, #826 MOTION for Order of Sale and Memorandum in Support filed by Diane Thompson, #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order filed by Diane Thompson, #768 MOTION for Return of Property Pre-trial and Memorandum in Support filed by Franklin American Mortgage, #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Michelle DeYoung, #771 MOTION for Partial Summary Judgment filed by Wrona Gordon & DuBois. The court rules as follows: Docket entry #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 filed by Diane Thompson is GRANTED. Docket entry #829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 filed by Diane Thompson is GRANTED. Docket entry #819 MOTION for Order of Sale and Memorandum in Support THE SALE OF REAL PROPERTY HELD BY APS FOR BENEFIT OF CLIENTS filed by Diane Thompson is GRANTED. Docket entries #825 MOTION for Order of Sale FOR AN ORDER AUTHORIZING THE LIQUIDATION OF PROMISSORY NOTES HELD BY APS FOR THE BENEFIT OF APS ACCOUNT HOLDERS filed by Diane Thompson AND #826 MOTION for Order of Sale and Memorandum in Support filed by Diane Thompson are not ruled on at this time. These matters will be addressed after 11/28/2016. Mr. Gaylord submit proposed orders to the court. Docket entry #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order filed by Diane Thompson is GRANTED, with modification to the Claims Bar Date. Docket entry #768 MOTION for Return of Property Pre-trial filed by Franklin American Mortgage is GRANTED. Docket entry #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Michelle DeYoung is DENIED WITHOUT PREJUDICE, AS MOOT. Docket entry #771 MOTION for Partial Summary Judgment filed by Wrona Gordon & DuBois is GRANTED IN PART AND DENIED IN PART. Attorney for Plaintiff: Amy Oliver; Attorney Mark Gaylord, Melanie Vartabedian for Receiver - Diane Thompson; Attorney Benjamin Grindstaff for Intervenor Defendant Michelle DeYoung; Attorney Danny Quintana for Defendant Curtis DeYoung; Attorney Jeffrey Colmere for Wrona Gordon and Dubois. Court Reporter: Ray Fenlon.(mjm) Modified on 11/22/2016 (mjm) - Correction to minute entry as to docket entry #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order is GRANTED, with modification to the Claims Bar Date.
November 21, 2016 Filing 834 Motions No Longer Referred: #829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 is no longer referred to the Magistrate and shall be handled by the District Court. (amn)
November 17, 2016 Filing 833 SECOND AMENDED NOTICE OF HEARING ON MOTION re: #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung, #768 MOTION for Return of Property Pre-trial, #771 MOTION for Partial Summary Judgment, #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016, #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order, #819 MOTION for Order of Sale THE SALE OF REAL PROPERTY HELD BY APS FOR BENEFIT OF CLIENTS, #825 MOTION for Order of Sale FOR AN ORDER AUTHORIZING THE LIQUIDATION OF PROMISSORY NOTES HELD BY APS FOR THE BENEFIT OF APS ACCOUNT HOLDERS, #826 MOTION for Order of Sale, #829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/22/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Additional MOTIONS will be heard on 11/22/2016 at 1:30 PM (mjm)
November 16, 2016 Filing 832 AMENDED NOTICE OF HEARING ON MOTION re: #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung, #768 MOTION for Return of Property Pre-trial , #771 MOTION for Partial Summary Judgment, #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 , #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/22/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: In view of docket entry #815 NOTICE of Filing Regarding Plaintiff's Motion for Civil Monetary Penalties Against Curtis L. DeYoung by Securities and Exchange Commission, the court WILL NOT hear docket entry #772 Plaintiff's MOTION Civil Penalties re: #747 Judgment filed by Plaintiff Securities and Exchange Commission, at this time. (mjm)
November 15, 2016 Opinion or Order Filing 831 ORDER granting #830 Motion to File Fee Application Exhibits in Camera. The Receiver shall file Exhibits A, B and C to #829 in camera. Signed by Judge Robert J. Shelby on 11/15/2016. (jds)
November 15, 2016 Filing 830 MOTION re #829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 re: filing Fee Application Exhibits In Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 15, 2016 Filing 829 MOTION re: Tenth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2016 Through September 30, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 15, 2016 Opinion or Order Filing 828 ORDER granting #827 Motion for Extension of Time to File Tenth Fee Application. Per the parties stipulation, the Tenth Fee Application shall be filed on or before November 17, 2016. Signed by Magistrate Judge Dustin B. Pead on 11/15/2016. (jds)
November 14, 2016 Filing 827 Stipulated MOTION for Extension of Time to File Tenth Fee Application filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
November 9, 2016 Filing 826 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order)(Enquist, Jeffrey)
November 9, 2016 Filing 825 MOTION for Order of Sale and Memorandum in Support FOR AN ORDER AUTHORIZING THE LIQUIDATION OF PROMISSORY NOTES HELD BY APS FOR THE BENEFIT OF APS ACCOUNT HOLDERS filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order)(Enquist, Jeffrey)
November 9, 2016 Filing 824 ***ENTRY ERROR - Refiled at #825 MOTION for Order of Sale and Memorandum in Support FOR AN ORDER AUTHORIZING THE LIQUIDATION OF PROMISSORY NOTES HELD BY APS FOR THE BENEFIT OF APS ACCOUNT HOLDERS filed by Receiver Diane Thompson. (Enquist, Jeffrey) Modified by adding error text on 11/9/2016 (blh).
November 4, 2016 Filing 823 NOTICE OF HEARING ON MOTION re: #768 MOTION for Return of Property Pre-trial and Memorandum in Support , #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support , #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung , #771 MOTION for Partial Summary Judgment, #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 , #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/22/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
November 4, 2016 Filing 822 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena for Annette Bosworth-Haber) (Gaylord, Mark)
October 28, 2016 Filing 821 STATUS REPORT (Tenth Quarterly) by Diane Thompson. (Attachments: #1 Exhibit A-Summary of the Operating Cash Receipts and Disbursements of APS and APS 401(k), #2 Exhibit B-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C-Summary of Receivership Assets, #4 Exhibit D-Schedule of Assets of APS Clients, #5 Exhibit E-Summary of Known Creditors)(Enquist, Jeffrey)
October 27, 2016 Filing 820 Motions No Longer Referred: #817 MOTION for Establishment of Claims Bar Date and Approving Bar Order shall be handled by the District Court. (amn)
October 21, 2016 Filing 819 MOTION for Order of Sale and Memorandum in Support THE SALE OF REAL PROPERTY HELD BY APS FOR BENEFIT OF CLIENTS filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order APPROVING RECEIVERS MOTION FOR AN ORDER AUTHORIZING THE SALE OF REAL PROPERTY HELD BY APS FOR BENEFIT OF CLIENTS)(Enquist, Jeffrey)
October 17, 2016 Filing 818 REQUEST to Submit for Decision re #793 Reply Memorandum/Reply to Response to Motion, #771 MOTION for Partial Summary Judgment, #787 Response to Motion, #794 Request to Submit for Decision filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Colemere, Jeffrey)
October 14, 2016 Filing 817 MOTION for Establishment of Claims Bar Date and Approving Bar Order filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Approving Motion for Establishment of Claims Bar date and Bar Order) Motions referred to Dustin B. Pead.(Enquist, Jeffrey)
October 11, 2016 Filing 816 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Gaylord, Mark)
September 30, 2016 Filing 815 NOTICE of Filing Regarding Plaintiff's Motion for Civil Monetary Penalties Against Curtis L. DeYoung by Securities and Exchange Commission re #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support (Oliver, Amy)
September 27, 2016 Deadlines/Hearings terminated. The status conference previously set for 10/6/2016 is stricken from the calendar. The court has received dispositive motions. Mary Jane McNamee, Case Administrator. (mjm)
August 23, 2016 Filing 814 NOTICE of Deposition of Mark Hashimoto by Curtis L. DeYoung (Mooney, Jerome)
August 18, 2016 Filing 813 NOTICE of Amended Notice of Deposition of Dean Becker by Diane Thompson (Enquist, Jeffrey)
August 16, 2016 Opinion or Order Filing 812 ORDER of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung (jds)
August 16, 2016 Filing 811 NOTICE of Appearance by Jerome H Mooney on behalf of Curtis L. DeYoung (Mooney, Jerome)
August 15, 2016 Filing 810 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Krishna Rao) (Gaylord, Mark)
August 15, 2016 Filing 809 NOTICE OF WITHDRAWAL OF COUNSEL of Daniel J. Wadley filed by Daniel J. Wadley on behalf of Securities and Exchange Commission (Wadley, Daniel)
August 15, 2016 Filing 808 REQUEST to Submit for Decision re #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Intervenor Defendant Michelle DeYoung. (Grindstaff, Benjamin)
August 12, 2016 Filing 807 REQUEST to Submit for Decision re #768 MOTION for Return of Property Pre-trial and Memorandum in Support filed by Intervenor Franklin American Mortgage. (Howell, Armand)
August 10, 2016 Filing 806 NOTICE of Intent to Issue Subpoena by Curtis L. DeYoung (Attachments: #1 Exhibit Subpoena) (Quintana, Danny)
August 10, 2016 Filing 805 Motions No Longer Referred: #802 MOTION Ninth Application for Interim Compensation of Receiver shall be handled by the District Court.(amn)
August 9, 2016 Opinion or Order Filing 804 ORDER granting #803 Motion to File Fee Application Exhibits in Camera Signed by Judge Robert J. Shelby on 8/9/2016. (jds)
August 9, 2016 Filing 803 MOTION to File Fee Application Exhibits In Camera re #802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 9, 2016 Filing 802 MOTION Ninth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2016 Through June 30, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit C-Summary of fees and expenses incurred by Orange Document Services, #5 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 8, 2016 Filing 801 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Gaylord, Mark)
August 4, 2016 Filing 800 NOTICE of Intent to Issue Subpoena to Testify at a Deposition in a Civl Case on Dean Becker by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena to Testify at Deposition for Dean Becker) (Gaylord, Mark)
August 1, 2016 Filing 799 RESPONSE to Motion re #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support Response to Memorandum in Opposition to Tier III Civil Penalties and Request for a Deposition of Mark Hashimoto filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
July 29, 2016 Filing 798 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Emmons and Jones Subpoenas) (Gaylord, Mark)
July 28, 2016 Filing 797 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas) (Gaylord, Mark)
July 28, 2016 Filing 796 STATUS REPORT Ninth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A to Ninth Quarterly Status Report of Receiver, #2 Exhibit B to Ninth Quarterly Status Report of Receiver, #3 Exhibit C to Ninth Quarterly Status Report of Receiver, #4 Exhibit D to Ninth Quarterly Status Report of Receiver, #5 Exhibit E to Ninth Quarterly Status Report of Receiver)(Enquist, Jeffrey)
July 26, 2016 Filing 795 RESPONSE to Motion re #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
July 22, 2016 Filing 794 REQUEST to Submit for Decision re #793 Reply Memorandum/Reply to Response to Motion, #771 MOTION for Partial Summary Judgment, #787 Response to Motion filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Colemere, Jeffrey)
July 22, 2016 Filing 793 REPLY to Response to Motion re #771 MOTION for Partial Summary Judgment filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit Exh A to Reply to Opposition to MSJ, #2 Exhibit Exh B to Reply to Opposition to MSJ, #3 Exhibit Exh C to Reply to Opposition to MSJ)(Colemere, Jeffrey)
July 21, 2016 Opinion or Order Filing 792 ORDER of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung (jds)
July 19, 2016 Filing 790 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 Subpoena Duces Tecum - Scott McCormick) (Gaylord, Mark)
July 15, 2016 Filing 789 REPLY to Response to Motion re #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Intervenor Plaintiff Michelle DeYoung. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Grindstaff, Benjamin)
July 14, 2016 Filing 788 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas Duces Tecum) (Gaylord, Mark)
July 11, 2016 Filing 787 RESPONSE to Motion re #771 MOTION for Partial Summary Judgment filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Affidavit of Michelle DeYoung)(Grindstaff, Benjamin)
July 5, 2016 Opinion or Order Filing 786 ORDER granting #785 Motion for Extension of Time to File Response/Reply re #771 MOTION for Partial Summary Judgment: Response due by 7/11/2016. Signed by Judge Robert J. Shelby on 7/5/16 (alt)
July 5, 2016 Filing 785 MOTION for Extension of Time to File Response/Reply as to #771 MOTION for Partial Summary Judgment and Memorandum in Support and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Grindstaff, Benjamin)
July 5, 2016 Filing 784 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 28, 2016 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. 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. To redact additional information a Motion to Redact must be filed. 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 7/26/2016. Redacted Transcript Deadline set for 8/5/2016. Release of Transcript Restriction set for 10/3/2016. (jmr) Modified on 10/3/2016 by removing restricted text (las).
July 1, 2016 Filing 783 MEMORANDUM in Opposition re #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1 - M. DeYoung 10th Cir. Status Report, #2 Exhibit 2 - Notice of Intent to Pursue Collectibles and Judgments (Dkt. 749), #3 Exhibit 3 - MRG Letter in Response to Motion to Enforce Settlement Agreement)(Gaylord, Mark)
June 29, 2016 Opinion or Order Filing 782 ORDER transferring case and denying #736 Motion to Consolidate Cases. The court orders that Case No. 2:16-cv-00023-DB should be transferred to Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 6/29/2016. (jds)
June 28, 2016 Filing 791 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 6/28/2016 re: #710 MOTION - Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 filed by Diane Thompson, #736 MOTION to Consolidate Cases filed by Diane Thompson, #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 filed by Diane Thompson, #761 MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services, filed by Diane Thompson. The court hears from cnsl and rules as follows. Docket entry #710 filed by Diane Thompson - Motion for Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 is APPROVED. The fees and expenses incurred by the Receiver and her professionals are ALLOWED. The Receiver may pay the approved fees and expenses from the Operating Account on a pro rata basis, but shall leave one month of APSs monthly operating expenses (approximately $50,000) in the Operating Account in order to effectively address business needs during the course of the Receivership. The Receiver may use the balance of the Operating Account that exceed the one-month balance ($50,000) to be distributed on a periodic and continuing basis until the fee obligations are satisfied. The Receiver may also use funds received from other sources as described in her Fee Application to be distributed toward payment of outstanding fee obligations. The Receiver will keep an accounting of the Operating Account of the payments until the administrative fees approved by the Court in this Application are satisfied. The Receiver will provide this accounting to the Court as frequently as the Court requests. The Receiver is authorized to pay herself via Ballard Spahr fees for services rendered during the Application Period in the total amount of $ 305,910 and reimburse out of pocket expenses paid by Ballard Spahr for the Receiver on behalf of the Receivership Estate in the total amount of $ 11,727.43. The Receiver is authorized to pay Ballard Spahr fees for services rendered during the Application Period in the total amount of $253,620 and reimburse out of pocket expenses paid by Ballard Spahr on behalf of the Receivership Estate in the total amount of $ 4,702.26 The Receiver is authorized to pay PBT&K fees for services rendered during the Application Period in the total amount of $270,372 and reimburse out of pocket expenses paid by PBT&K on behalf of the Receivership Estate in the total amount of $ 5.30. The Receiver is authorized to pay Richards Brandt Miller Nelson fees for services rendered during the Application Period in the total amount of $325 and reimburse out of pocket expenses paid by Richards Brandt Miller Nelson on behalf of the Receivership Estate in the total amount of $ 0. The Receiver is authorized to pay Orange Legal Technologies fees for services rendered during the Application Period in the total amount of $ 0 and reimburse out of pocket expenses paid by Orange Legal Technologies on behalf of the Receivership Estate in the total amount of $ 3,337.30. Docket entry #736 MOTION to Consolidate Cases filed by Diane Thompson. For the reasons discussed on the record at the hearing, and pursuant to DUCivR 83-2(g), Assignment and Transfer of Civil Cases, Transfer of Related Case, the agreement of counsel for the Receiver at the hearing, and having conferred with the currently-assigned judge, the court concludes that Case No. 2:16-cv-00023-DB should be transferred to the undersigned for disposition rather than consolidated into this action. Because the case will be transferred, the Receivers Motion to Consolidate is DENIED. Docket entry #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 filed by Diane Thompson. The Fee Application (Dkt. 755) is APPROVED. The fees and expenses incurred by the Receiver and her professionals are ALLOWED. The Receiver may pay the approved fees and expenses from the Operating Account on a pro rata basis, but shall leave one month of APSs monthly operating expenses (approximately $50,000) in the Operating Account in order to effectively address business needs during the course of the Receivership. The Receiver may use the balance of the Operating Account that exceed the one-month balance ($50,000) to be distributed on a periodic and continuing basis until the fee obligations are satisfied. The Receiver may also use funds received from other sources as described in her Fee Application to be distributed toward payment of outstanding fee obligations. The Receiver will keep an accounting of the Operating Account of the payments until the administrative fees approved by the Court in this Application are satisfied. The Receiver will provide this accounting to the Court as frequently as the Court requests. The Receiver is authorized to pay herself via Ballard Spahr fees for services rendered during the Application Period in the total amount of $ 342,917 and reimburse out of pocket expenses paid by Ballard Spahr for the Receiver on behalf of the Receivership Estate in the total amount of $ 8,579.82. The Receiver is authorized to pay Ballard Spahr fees for services rendered during the Application Period in the total amount of $ 247,090 and reimburse out of pocket expenses paid by Ballard Spahr on behalf of the Receivership Estate in the total amount of $ 2,328.37. The Receiver is authorized to pay PBT&K fees for services rendered during the Application Period in the total amount of $ 209,628 and reimburse out of pocket expenses paid by PBT&K on behalf of the Receivership Estate in the total amount of $ 416.10. The Receiver is authorized to pay Richards Brandt Miller Nelson fees for services rendered during the Application Period in the total amount of $100 and reimburse out of pocket expenses paid by Richards Brandt Miller Nelson on behalf of the Receivership Estate in the total amount of $ 0. As to docket entry #761 MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services, The court now ORDERS the Clerk of Court to pay the sum of $52,517.66, which is held in the Registry of the Court, to: American Pension Services, Inc. Counsel for American Pension Services, Inc. will retrieve in person a check in this account from the Clerk of Court. The court further ORDERS the Clerk of the Court to pay any future funds interpleaded in this matter related to the Management Solutions Inc. Receivership to: Diane A. Thompson, Court-appointed Receiver, American Pension Services, Inc., C/O Ballard Spahr LLP, 201 S. Main St., Suite 800, Salt Lake City, Utah 84111. Attorney for Plaintiff: Amy Oliver, SEC, Attorney for Defendant: Jeffrey Enquist and Mark Gaylor for Diane Thompson, Receiver. Court Reporter: Ray Fenlon.(mjm)
June 28, 2016 Opinion or Order Filing 781 ORDER granting #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016. Signed by Judge Robert J. Shelby on 6/28/2016. (jds)
June 28, 2016 Opinion or Order Filing 780 ORDER granting #710 Motion - Seventh Interim Fee Application for Receiver and Receivers Professionals for Services Rendered October 1, 2015 through December 31, 2015 Signed by Judge Robert J. Shelby on 6/28/2016. (jds)
June 28, 2016 Opinion or Order Filing 779 ORDER re #778 Order on MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services, Inc. Signed by Judge Robert J. Shelby on 6/28/2016. (jds)
June 28, 2016 Opinion or Order Filing 778 ORDER granting #761 MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services, Inc. Signed by Judge Robert J. Shelby on 6/28/2016. (jds)
June 27, 2016 Filing 777 Motions No Longer Referred: #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung , #768 MOTION for Return of Property Pre-trial and Memorandum in Support (chambers)
June 27, 2016 Filing 776 Motions No Longer Referred: #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support (chambers)
June 27, 2016 Opinion or Order Filing 775 ORDER granting #773 Motion for Extension of Time to File Response/Reply re #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung . Responses due by 7/1/2016. Signed by Magistrate Judge Dustin B. Pead on 6/27/2016. (jds)
June 24, 2016 Opinion or Order Filing 774 ORDER granting #746 Motion for Leave to File a Civil Complaint against the Church in a form similar to the Complaint attached to the Motion as Exhibit 1. Signed by Judge Robert J. Shelby on 6/24/16. (jlw)
June 22, 2016 Filing 773 Stipulated MOTION for Extension of Time to File Response/Reply as to #762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
June 21, 2016 Filing 772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A - Declaration of Mark Hashimoto, #2 Exhibit 1 to Hashimoto Declaration, #3 Exhibit 2 to Hashimoto Declaration, #4 Exhibit 3 to Hashimoto Declaration, #5 Exhibit 4 to Hashimoto Declaration, #6 Exhibit 5A to Hashimoto Declaration, #7 Exhibit 5B to Hashimoto Declaration, #8 Exhibit 6 to Hashimoto Declaration, #9 Exhibit 7 to Hashimoto Declaration) Motions referred to Dustin B. Pead.(Wadley, Daniel)
June 21, 2016 Filing 771 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Plaintiff Wrona Gordon & DuBois. (Attachments: #1 Exhibit Exh A to Motion for PSJ - Legal Representation Agreement, #2 Exhibit Exh B to Motion for PSJ - Declaration of Jeffrey T. Colemere, #3 Exhibit Exh C to Motion for PSJ - Settlement Agreement, #4 Exhibit Exh D to Motion for PSJ - Michelle DeYoung Financial Declaration, #5 Exhibit Exh E to Motion for PSJ - Motion for Attorney's Lien)(Colemere, Jeffrey)
June 17, 2016 Filing 770 NOTICE OF HEARING ON MOTION re: #710 MOTION - Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 , #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 , #736 MOTION to Consolidate Cases : (Notice generated by Mary Jane McNamee) Motion Hearing set for 6/28/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
June 15, 2016 Filing 769 RESPONSE to Motion re #768 MOTION for Return of Property Pre-trial and Memorandum in Support and Objection to Interpleader- Franklin American Mortgage Company's Motion to Lift of Freeze Order as to 12232 South 1950 East, Draper, Utah filed by Intervenor Plaintiff Michelle DeYoung. (Grindstaff, Benjamin)
June 9, 2016 Filing 768 MOTION for Return of Property Pre-trial and Memorandum in Support filed by Intervenor Franklin American Mortgage. Motions referred to Dustin B. Pead.(Howell, Armand)
June 7, 2016 Opinion or Order Filing 767 MEMORANDUM DECISION & ORDER granting #753 Motion to Intervene Signed by Magistrate Judge Dustin B. Pead on 6/7/2016. (jds)
June 7, 2016 Filing 766 Motions No Longer Referred: #761 MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services shall be handled by the District Court. (amn)
June 2, 2016 Filing 765 NOTICE of Appearance by Jeffrey D. Enquist on behalf of Diane Thompson (Enquist, Jeffrey)
June 2, 2016 Filing 764 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Donald J. Winder.Attorney Donald J. Winder will no longer receive notice from the court in this case including final judgment. (Winder, Donald)
June 1, 2016 Filing 763 ANSWER to Complaint in Intervention filed by Michelle DeYoung.(Grindstaff, Benjamin)
June 1, 2016 Filing 762 MOTION to Enforce Settlement Agreement and Request for Order Assigning Collectibles and Judgments to Michelle Deyoung filed by Intervenor Defendant Michelle DeYoung. (Attachments: #1 Exhibit Exhibit 1, Settlement Agreement, #2 Exhibit Exhibit 2, Order to Appoint Reciever, #3 Exhibit Exhibit 3, Schedule of Judgements and Collectibles, #4 Exhibit Exhibit 4, Notice of Intent, #5 Exhibit Exhibit 5, Notice of Noncompliance, #6 Exhibit Exhibit 6, Decree of Divorce) Motions referred to Dustin B. Pead.(Grindstaff, Benjamin)
May 31, 2016 Filing 761 MOTION for Release of Interpleaded Funds Related to the Second, Third, and Fourth Distributions from the MSI, Inc. Receivership, and Motion for Standing Order to Release Future Distributions from the MSI Inc. Receivership to American Pension Services, Inc. and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Copy of letter with a schedule of accounting, #2 Exhibit B - Copy of the schedule of accounting, #3 Exhibit C - Copy of the schedule of accounting, #4 Text of Proposed Order Proposed Order, #5 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
May 28, 2016 Filing 760 Motions No Longer Referred: #746 Ex Parte (Not Sealed) MOTION for Leave to File Civil Action Against the Corporation of the Church of Jesus Christ of Latter-Day Saints and Memorandum in Support , #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 shall be handled by the District Court. (amn)
May 25, 2016 Filing 759 **RESTRICTED DOCUMENT** RETURN OF SERVICE Unexecuted for Personal Service of Michelle DeYoung served on Curtis DeYoung on behalf of Michelle DeYoung on May 12, 2016, filed by Intervenor Defendant Michelle DeYoung. (Colemere, Jeffrey)
May 20, 2016 Filing 758 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Martha Garcia Subpoena Duces Tecum) (Vartabedian, Melanie)
May 13, 2016 Opinion or Order Filing 757 ORDER granting #756 Motion to File Fee Application Exhibits in Camera. Signed by Magistrate Judge Dustin B. Pead on 5/13/2016. (jds)
May 13, 2016 Filing 756 MOTION to File Fee Application Exhibits In Camera re #755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 13, 2016 Filing 755 MOTION Eighth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2016 through March 31, 2016 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A (not attached)-Summary of fees and expenses incurred by the Receiver, #2 Exhibit B (not attached)-Summary of fees and expenses incurred by Ballard Spahr LLP, #3 Exhibit C (not attached)-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern, #4 Exhibit D (not attached)-Summary of fees and expenses incurred by Richards Brandt Miller & Nelson, #5 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 11, 2016 Filing 754 MEMORANDUM in Support re #753 MOTION to Intervene and Memorandum in Support filed by Movant Franklin American Mortgage. (Howell, Armand)
May 11, 2016 Filing 753 MOTION to Intervene and Memorandum in Support filed by Movant Franklin American Mortgage. Motions referred to Dustin B. Pead.(Howell, Armand)
May 11, 2016 Filing 752 NOTICE of Appearance by Armand J. Howell on behalf of Franklin American Mortgage (Howell, Armand)
May 6, 2016 Filing 751 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Ex. 1 - 50 Subpoenas (Part 1 of 3), #2 Exhibit Ex. 1 - 50 Subpoenas (Part 2 of 3), #3 Exhibit Ex. 1 - 50 Subpoenas (Part 3 of 3)) (Vartabedian, Melanie)
April 29, 2016 Filing 750 STATUS REPORT (Eighth Quarterly) by Diane Thompson. (Attachments: #1 Exhibit A-Summary of the Operating Cash Receipts and Disbursements of APS, #2 Exhibit B-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements of APS 401K Account, #4 Exhibit D-Summary of Receivership Assets, #5 Exhibit E-Schedule of Assets of APS Clients, #6 Exhibit F-Summary of Known Creditors)(Vartabedian, Melanie)
April 22, 2016 Filing 749 NOTICE of Receiver's Intent to Pursue APS Collectibles/Judgments Pursuant to Settlement with Michelle DeYoung by Diane Thompson (Attachments: #1 Exhibit 1- Settlement with Michelle DeYoung, #2 Exhibit 2 - Michelle DeYoung List of Potential Receivables) (Vartabedian, Melanie)
April 22, 2016 Filing 748 NOTICE of Noncompliance with Receivership Order by Diane Thompson (Attachments: #1 Exhibit 1-Declaration of Ricky Dean Memmott, #2 Exhibit 2 - Receiver's Inventory List, #3 Exhibit Ex. 2 - Part 2, #4 Exhibit Ex. 2 - Part 3, #5 Exhibit Ex. 2 - Part 4, #6 Exhibit Ex. 2 - Part 5, #7 Exhibit Ex. 2 - Part 6, #8 Exhibit Ex. 2 - Part 7, #9 Exhibit Ex. 2 - Part 8, #10 Exhibit Ex. 2 - Part 9, #11 Exhibit Ex. 2 - Part 10, #12 Exhibit Ex. 2 - Part 11, #13 Exhibit Ex. 2 - Part 12, #14 Exhibit 3-Statement of Financial Condition of Curtis L. DeYoung, #15 Exhibit 4- Settlement with Michelle DeYoung, #16 Exhibit 5 - Michelle DeYoung Financial Declaration, #17 Exhibit 6-Declaration of Curtis L. DeYoung) (Vartabedian, Melanie)
April 21, 2016 Filing 747 JUDGMENT as to Curtis L. DeYoung. Signed by Judge Robert J. Shelby on 4/21/2016. (jds)
April 21, 2016 Filing 746 Ex Parte (Not Sealed) MOTION for Leave to File Civil Action Against the Corporation of the Church of Jesus Christ of Latter-Day Saints and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
April 21, 2016 Filing 745 CONSENT TO ENTRY of final judgment for DeYoung filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel)
April 15, 2016 Filing 744 NOTICE of Third Party of Depositions by Securities and Exchange Commission (Attachments: #1 Exhibit Subpoena of Jim Allfrey, #2 Exhibit Subpoena of Lori Pili, #3 Exhibit Subpoena of Carol Bate) (Wadley, Daniel)
April 13, 2016 Filing 743 NOTICE of Third Party Depositions by Securities and Exchange Commission (Attachments: #1 Exhibit Subpoena of Christine Dalton, #2 Exhibit Subpoena of Dean Becker, #3 Exhibit Subpoena of Julie Hansen, #4 Exhibit Subpoena of Lamont Smith) (Wadley, Daniel)
April 12, 2016 Filing 742 Modification of Docket: Intervenor Complaint was filed using the wrong event (Complaint). Correction: Filing fee to be refunded, docket text corrected and correct party roles were added - Wrong Gordon & DuBois as Intervenor Plaintiff and Michelle DeYoung as Intervenor Defendant re #740 Complaint. (rks)
April 12, 2016 Filing 741 Modification of Docket: Error: Intervenor Complaint was filed using the wrong event (amended complaint). Correction: Docket text corrected and correct party roles were added - Michelle DeYoung as Intervenor Plaintiff and Diane Thompson as Intervenor Defendant re #602 Amended Complaint. (rks)
April 12, 2016 Filing 740 Intervenor COMPLAINT against Michelle DeYoung (Filing fee $ 400, receipt number 1088-2476443) filed by Wrona Gordon & DuBois. (Attachments: #1 Exhibit Exhibit A to Complaint - Representation Agreement, #2 Exhibit Exhibit B to Complaint - Settlement Agreement, #3 Exhibit Exhibit C to Complaint - Attorney's Lien) Assigned to Judge Robert J. Shelby (Colemere, Jeffrey) Modified by correcting type of document and striking filing fee (to be refunded) on 4/12/2016 (rks).
April 8, 2016 Filing 739 NOTICE of Intent to Issue Subpoena Duces Tecum Rick Memmott by Diane Thompson (Attachments: #1 Exhibit A to Notice of Intent) (Vartabedian, Melanie)
April 7, 2016 Opinion or Order Filing 738 ORDER granting #727 Motion to Intervene. WGD ishereby ORDERED to file a copy of its complaint in intervention (Dkt. No. 727-1) within five days of the date of this Order. Signed by Magistrate Judge Dustin B. Pead on 4/7/2016. (jds)
March 28, 2016 Filing 737 Motions No Longer Referred: #736 MOTION to Consolidate Cases and Memorandum in Support (chambers)
March 25, 2016 Filing 736 MOTION to Consolidate Cases and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Plaintiff's Complaint in Interpleader, #2 Exhibit B - Chubb Insurance Policy, #3 Exhibit C - Chubb Letter 9-22-15, #4 Exhibit D - Answer to FIC by C. DeYoung, #5 Exhibit E - Receiver's Response to FIC Interpleader, #6 Exhibit F - C. DeYoung Answer to Receiver Response, #7 Exhibit G - M. DeYoung Answer to Receiver Response, #8 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
March 25, 2016 Filing 735 WITHDRAWAL OF MOTION by Receiver Diane Thompson re #702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver and Memorandum in Support and Memorandum in Support filed by Diane Thompson . (Vartabedian, Melanie)
March 18, 2016 Filing 734 Correspondence from Ephren Taylor (Attachments: #1 Envelope) (kpf)
March 18, 2016 Filing 733 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Part 1 of 2 - Exhibit A - 50 subpoenas, #2 Exhibit Part 2 of 2 - Exhibit A - 50 subpoenas) (Vartabedian, Melanie)
March 16, 2016 Filing 732 RESPONSE to Discovery Request from Curtis L. DeYoung filed by Defendant Curtis L. DeYoung.(Quintana, Danny)
March 16, 2016 Filing 731 MEMORANDUM in Opposition re #727 First MOTION to Intervene and Memorandum in Support filed by Wrona Gordon & DuBois P.C. filed by Movant Michelle DeYoung. (Grindstaff, Benjamin)
March 11, 2016 Opinion or Order Filing 730 ORDER granting #729 Motion for Extension of Time to File Response/Reply re #702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver Replies due by 3/25/2016.. Signed by Judge Robert J. Shelby on 3/11/2016. (jds)
March 7, 2016 Filing 729 MOTION for Extension of Time to File Response/Reply as to #702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
March 2, 2016 Filing 728 Modification of Docket: Error: Filer selected incorrect party, Michelle DeYoung, as filer. Correction: Added Movant Wrona Gordon & DuBois as filer re #727 First MOTION to Intervene and Memorandum in Support filed by Wrona Gordon & DuBois P.C.. (jds)
March 1, 2016 Filing 727 First MOTION to Intervene and Memorandum in Support filed by Wrona Gordon & DuBois P.C. filed by Movant Wrona Gordon & DuBois. (Attachments: #1 Exhibit A - Complaint in Intervention, #2 Exhibit B - Representation Agreement, #3 Exhibit C - Declaration of Jeffrey T. Colemere, #4 Exhibit D - Settlement Agreement, #5 Exhibit E - Attorney's Lien) Motions referred to Dustin B. Pead.(Colemere, Jeffrey) Modified filer on 3/2/2016 (jds).
February 29, 2016 Opinion or Order Filing 726 ORDER denying without prejudice #714 Motion to Withdraw as Attorney. Signed by Judge Robert J. Shelby on 2/29/2016. (jds)
February 29, 2016 Filing 725 Please be advised the Record is complete for purposes of appeal for USCA case number 16-4013 re #694 Notice of Appeal,. (jds)
February 24, 2016 Opinion or Order Filing 724 DOCKET TEXT ORDER granting #706 Motion to Withdraw as Attorney. Attorney Jeffrey Thomas Colemere withdrawn from case for Michelle DeYoung. Signed by Judge Robert J. Shelby on 2/24/2016. No attached document. (jds)
February 24, 2016 Opinion or Order Filing 723 DOCKET TEXT ORDER terminating #642 Motion to Intervene per #722 Response to Order to Show Cause filed by Michelle DeYoung. Signed by Judge Robert J. Shelby on 2/24/2016. No attached document. (jds)
February 24, 2016 Filing 722 RESPONSE TO ORDER TO SHOW CAUSE re 716 Order to Show Cause,,, filed by Michelle DeYoung. (Grindstaff, Benjamin)
February 24, 2016 Filing 721 NOTICE of Appearance by Benjamin B. Grindstaff on behalf of Michelle DeYoung (Grindstaff, Benjamin)
February 23, 2016 NOTICE VACATING Motion Hearing HEARING re: 705 MOTION for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016 : set for 2/29/2016 at 1:30 p.m. before Judge Robert J. Shelby. (Notice generated by Mary Jane McNamee) (mjm)
February 19, 2016 Opinion or Order Filing 720 ORDER granting #705 Motion to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust. Signed by Judge Robert J. Shelby on 2/19/2016. (chambers)
February 19, 2016 Opinion or Order Filing 719 DOCKET TEXT ORDER - Motions have been terminated: #515 MOTION for Order of Sale filed by Diane Thompson, #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence filed by Diane Thompson per #718 Response to Order to Show Cause filed by Diane Thompson. Signed by Judge Robert J. Shelby on 2/19/2016. (jds)
February 19, 2016 Filing 718 RESPONSE TO ORDER TO SHOW CAUSE re 716 Order to Show Cause,,, filed by Diane Thompson. (Vartabedian, Melanie)
February 18, 2016 Filing 717 RESPONSE to Motion re #702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver and Memorandum in Support and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
February 18, 2016 Opinion or Order Filing 716 ORDER TO SHOW CAUSE- Three Motions pending before the court may be moot in light of the court's Order Granting Joint Stipulated Motion to Approve the Settlement with Michelle DeYoung #701 . It is unclear to the court whether the Receiver and Ms. DeYoung still seek adjudication of any issue presented by these Motions, or whether the parties would like to withdraw them. The court thus directs the Receiver, Diane Thompson, to respond in writing within 5 days from the date of this order and inform the court of the status of her Motions for Order of Sale #515 and Motion for Partial Lift of the Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence #573 . Similarly, the court directs Michelle DeYoung to respond in writing within 5 days from the date of this order and inform the court of the status of her Third Motion to Intervene #642 . Signed by Judge Robert J. Shelby on 2/18/2016. (jds)
February 18, 2016 Filing 715 Modification of Docket: Error: Documents filed as Notices to Withdrawal Counsel would leave parties without Counsel. Correction: Entries have been changed to Motions to Withdrawal as Attorney re #706 MOTION to Withdraw as Attorney, #714 MOTION to Withdraw as Attorney. (jds)
February 17, 2016 Filing 714 MOTION to Withdraw as Attorney of Donald J. Winder filed by Donald J. Winder on behalf of George Allen (Winder, Donald) Modified event type to a motion on 2/18/2016 (jds).
February 16, 2016 Filing 713 Motions No Longer Referred: #702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver and Memorandum in Support and Memorandum in Support , #705 MOTION for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016 and Memorandum in Support , #710 MOTION - Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 (chambers)
February 12, 2016 Opinion or Order Filing 712 ORDER granting #711 Motion TO FILE FEE APPLICATION EXHIBITS IN CAMERA. Signed by Judge Robert J. Shelby on 2/12/2016. (jds)
February 12, 2016 Filing 711 MOTION to File Fee Application Exhibits in Camera re #710 MOTION - Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
February 12, 2016 Filing 710 MOTION - Seventh Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2015 Through December 31, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A to Seventh Application for Interim Compensation of Receiver and Professionals (not attached), #2 Exhibit B to Seventh Application for Interim Compensation of Receiver and Professionals (not attached), #3 Exhibit C to Seventh Application for Interim Compensation of Receiver and Professionals (not attached), #4 Exhibit D to Seventh Application for Interim Compensation of Receiver and Professionals (not attached), #5 Exhibit E to Seventh Application for Interim Compensation of Receiver and Professionals, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark) (Additional attachment(s) added on 2/12/2016: #7 Exhibit Index of Exhibits) (jds).
February 11, 2016 Filing 709 NOTICE OF HEARING ON MOTION re: #705 MOTION for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 2/29/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
February 11, 2016 Opinion or Order Filing 708 ORDER granting #704 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016. Signed by Judge Robert J. Shelby on 2/11/2016. (jds)
February 11, 2016 Filing 707 NOTICE of Attorney's Lien by Michelle DeYoung by Jeffrey T. Colemere of Wrona Gordon & DuBois on Michelle DeYoung (Attachments: #1 Exhibit Recorded Notice of Attorney's Lien) (Colemere, Jeffrey)
February 11, 2016 Filing 706 MOTION to Withdraw as Attorney of Jeffrey T. Colemere filed by Jeffrey Thomas Colemere of Wrona Gordon & DuBois on behalf of Michelle DeYoung (Colemere, Jeffrey) Modified event type to a motion on 2/18/2016 (jds).
February 10, 2016 Filing 705 MOTION for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016 and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A- Plan Balances Stratification 02.04.16, #2 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 10, 2016 Filing 704 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Order to Force the Transfer of American Pension Services, Inc. Accounts to Successor Equity Trust Company by March 30, 2016 and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 9, 2016 Opinion or Order Filing 703 ORDER granting #697 Motion to Affirm Approval of Settlement Between American Pension Services, Inc. Hartford Fire Insurance Company. Signed by Judge Robert J. Shelby on 2/9/2016. (jds)
February 5, 2016 Filing 702 MOTION for Order Requiring Curtis L. DeYoung to Surrender Assets to the Receiver and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Divorce Decree, #2 Exhibit B - Letter from M. Vartabedian to D. Quintana, 1-22-16, #3 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 2, 2016 Opinion or Order Filing 701 ORDER granting #693 Joint Stipulated Motion and Memorandum to Approve Settlement with Michelle DeYoung. Signed by Judge Robert J. Shelby on 2/2/2016. (jds)
February 1, 2016 Filing 700 Motions No Longer Referred: #693 MOTION to Affirm Joint Stipulated Motion and Memorandum to Approve Settlement with Michelle DeYoung and Memorandum in Support , #697 MOTION to Affirm Approval of Settlement Between American Pension Services, Inc. Hartford Fire Insurance Company and Memorandum in Support (chambers)
January 29, 2016 Filing 699 STATUS REPORT Seventh Quarterly Status Report of Receiver by Diane Thompson. (Attachments: #1 Exhibit A-Summary of the Operating Cash Receipts and Disbursements of APS, #2 Exhibit B-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements of APS 401K Account, #4 Exhibit D-Summary of Receivership Assets, #5 Exhibit E-Schedule of Assets of APS Clients, #6 Exhibit F-Summary of Known Creditors)(Vartabedian, Melanie)
January 22, 2016 Filing 698 USCA Case Number Case Appealed to Tenth Case Number 16-4013 for #694 Notice of Appeal, filed by Michelle Seiler, Richard Seiler, Christa Zaro. (jmr)
January 21, 2016 Filing 697 MOTION to Affirm Approval of Settlement Between American Pension Services, Inc. Hartford Fire Insurance Company and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Approve Settlement) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
January 20, 2016 Filing 696 Transmission of Preliminary Record to USCA re #694 Notice of Appeal, (Attachments: #1 Appendix)(jds)
January 20, 2016 Filing 695 NOTICE of Appearance by Brent D. Wride on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Wride, Brent)
January 19, 2016 Filing 694 NOTICE OF APPEAL as to #683 Findings of Fact & Conclusions of Law, Order, Terminate Motions,,, #684 Order filed by Michelle Seiler, Richard Seiler, Christa Zaro. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2419534. (Wride, Brent)
January 15, 2016 Filing 693 MOTION to Affirm Joint Stipulated Motion and Memorandum to Approve Settlement with Michelle DeYoung and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1 - Settlement Agreement and Mutual Release, #2 Text of Proposed Order - Findings of Fact, Conclusions of Law, and Order on Joint Stipulated Motion and Memorandum to Approve Settlement with Michelle DeYoung) Motions referred to Dustin B. Pead.(Gaylord, Mark)
January 14, 2016 Opinion or Order Filing 692 DOCKET TEXT ORDER. Based upon the Receiver's Notice of Mootness #691 , Mr. DeYoung's Motion For Leave of the Court to Implead Third Pary #646 is rendered MOOT and the hearing scheduled for argument before Magistrate Judge Pead on January 19, 2016 is VACATED. On January 7, 2016, Federal Insurance Company filed its complaint in Interpleader and for Declaratory Relief in case 2:16-cv-00023. Accordingly, the Receiver will move to have Federal Insurance Company's complaint consolidated as an ancillary action to this case. Signed by Magistrate Judge Dustin B. Pead on 01/14/2016. No attached document. (amn)
January 13, 2016 Filing 691 NOTICE of Mootness by Diane Thompson re 687 Notice of Hearing on Motion, #646 MOTION for Leave to File and Memorandum in Support (Attachments: #1 Exhibit A - Plaintiff's Complaint in Interpleader and for Declaratory Relief) (Vartabedian, Melanie)
January 12, 2016 Filing 690 NOTICE of Providing Written Notice of Claims Bar Order to All APS IRA Account Owners by Diane Thompson re #684 Order (Vartabedian, Melanie)
January 8, 2016 Opinion or Order Filing 689 ORDER denying as moot #669 Motion for Order of Sale; granting #682 Motion for Order of Sale. Signed by Judge Robert J. Shelby on 1/8/2016. (jds)
January 8, 2016 Opinion or Order Filing 688 ORDER denying as Moot #670 Motion for Order of Sale; granting #681 Motion for Order of Sale. Signed by Judge Robert J. Shelby on 1/8/2016. (jds)
January 4, 2016 Filing 687 NOTICE OF HEARING ON MOTION Pursuant to a request by Defendant #685 , the hearing previously scheduled for January 12, 2016 is hereby STRICKEN. Oral argument on Defendant's "Motion for Leave to Implead Third Party" #646 is RE-SCHEDULED for January 19, 2016, at 1:00 p.m. in courtroom 7.100 before Magistrate Judge Dustin B. Pead. Parties shall notify the court if the issue becomes moot and a hearing is no longer necessary. (amn)
January 4, 2016 Opinion or Order Filing 686 DOCKET TEXT ORDER granting #685 Motion to Continue. Signed by Magistrate Judge Dustin B. Pead on 1/4/2016. No attached document. (amn)
December 23, 2015 Filing 685 First MOTION to Continue Hearing on Motion for Leave to Implead Third Party and Memorandum in Support filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Quintana, Danny)
December 23, 2015 Opinion or Order Filing 684 CLAIMS BAR ORDER. Signed by Judge Robert J. Shelby on 12/23/2015. (blh)
December 23, 2015 Opinion or Order Filing 683 FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER granting in part and denying in part #605 MOTION to Intervene filed by Michelle Seiler, Richard Seiler, Christa Zaro; granting #618 MOTION for Settlement filed by Diane Thompson. The Settlement Agreement is approved. Signed by Judge Robert J. Shelby on 12/23/2015. (blh)
December 21, 2015 Filing 682 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Deed in Lieu, #2 Exhibit B - Divorce Decree, #3 Exhibit C - Deed of Trust, #4 Exhibit D - Kelly Appraisal, #5 Exhibit E - Payne Appraisal, #6 Exhibit F - Cook Appraisal, #7 Exhibit G - Proof of Publication - Intermountain, #8 Exhibit H - Proof of Publication, KSL.com, #9 Text of Proposed Order Proposed Order)(Vartabedian, Melanie)
December 21, 2015 Filing 681 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Purchase and Sale Agmt, #2 Exhibit B - R. Cook Appraisal, #3 Exhibit C - Free Appraisal, #4 Exhibit D - J. Cook Appraisal, #5 Exhibit E - Proof of Publication - Intermountain, #6 Exhibit F - Proof of Publication, KSL.com, #7 Text of Proposed Order Proposed Order)(Vartabedian, Melanie)
December 16, 2015 Filing 679 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on DECEMBER 2, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. 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. To redact additional information a Motion to Redact must be filed. 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 1/6/2016. Redacted Transcript Deadline set for 1/19/2016. Release of Transcript Restriction set for 3/15/2016. (jds) Modified on 3/15/2016 by removing restricted text (las).
December 16, 2015 Filing 678 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BENCH RULING held on DECEMBER 2, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. 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. To redact additional information a Motion to Redact must be filed. 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 1/6/2016. Redacted Transcript Deadline set for 1/19/2016. Release of Transcript Restriction set for 3/15/2016. (jds) Modified on 3/15/2016 by removing restricted text las).
December 15, 2015 Filing 676 Proposed Findings of Fact by Diane Thompson. (Attachments: #1 Exhibit A - Claims Bar Order)(Gaylord, Mark)
December 4, 2015 Filing 675 AMENDED NOTICE OF HEARING ON MOTION #646 Motion Hearing set for January 12, 2016 at 11:00 a.m. is scheduled in courtroom Rm 7.400 before Magistrate Judge Dustin B. Pead.***Please note the change of courtroom*** (amn)
December 4, 2015 Filing 674 NOTICE OF HEARING ON MOTION. Defendant's "Motion for Leave to Implead Third Party" #646 is scheduled for January 12, 2016 at 11:00 a.m. in Courtroom 7.100 before Magistrate Judge Dustin B. Pead. Parties to notify court if the issue becomes moot and a hearing is no longer necessary. (amn)
December 2, 2015 Filing 677 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 12/2/2015, re: #605 MOTION to Intervene filed by Michelle Seiler, Richard Seiler, Christa Zaro, #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 filed by Diane Thompson, #618 MOTION for Settlement filed by Diane Thompson. The court hears oral argument and rules as follows. Motion to Intervene filed by Michelle Seiler, Richard Seiler, Christa Zaro, docket entry #605 is granted in part and denied in part. Motion Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 filed by Diane Thompson, docket entry #651 , is granted. MOTION for Settlement filed by Diane Thompson, docket entry #651 is granted. The court finds that docket entry #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence filed by Diane Thompson is moot. An order will be entered by the court. Attorney for Plaintiff: Daniel Wadley; Attorneys for Receiver: Mark Gaylord, Melandie Vartabedian and Diane Thompson, receiver; Attorney for Curtis DeYoung: Danny Quintana; Attorney for Edward Williams: Kevin Jackson; Attorneys for First Utah Bank: Francis Wikstrom, Gary Doctorman, Matthew Cook; Attorney for Christa Zaro: Robert Wing; Attorney for Michelle Seiler and Richard Seiler: Mark Pugsley, Jared Parrish. Court Reporter: Ray Fenlon.(mjm)
December 2, 2015 Opinion or Order Filing 672 ORDER granting #651 Motion for Interim Compensation of Receiver and Professionals for Services Rendered July 1 - September 30, 2015. Signed by Judge Robert J. Shelby on 12/2/15. (jlw)
December 1, 2015 Filing 671 AMENDED NOTICE OF HEARING ON MOTION re: #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 , #605 MOTION to Intervene, #618 MOTION for Settlement : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/2/2015 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Additional motion, docket entry #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015, will be heard on 12/2/2015. (mjm)
November 30, 2015 Filing 673 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Settlement Conference held on 11/30/2015. The Receiver and Michelle DeYoung reached a full settlement agreement, signed on the record. The parties to mediation will file a joint motion to approve settlement as soon as practicable. If necessary, they may make an oral motion during the December 2, 2015 hearing before the district court. Attorney for Plaintiff: Jeffrey T. Colemere, Attorney for Defendant: Melanie J. Vartabedian and Tesia N. Stanley. Court Reporter: Electronic. (tls)
November 27, 2015 Filing 670 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Purchase and Sale Agmt, #2 Exhibit B - Cook Appraisal, #3 Exhibit C - Free Appraisal)(Vartabedian, Melanie)
November 27, 2015 Filing 669 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Deed in Lieu, #2 Exhibit B - Decree of Divorce, #3 Exhibit C - Deed of Trust, #4 Exhibit D - Kelly Appraisal, #5 Exhibit E - Payne Appraisal, #6 Exhibit F - Cook Appraisal)(Vartabedian, Melanie)
November 24, 2015 Filing 668 REPLY to Response to Motion re #646 MOTION for Leave to File and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
November 24, 2015 Opinion or Order Filing 667 ORDER granting #666 Motion for Admission Pro Hac Vice of Edward F. Donohue for First Utah 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 Magistrate Judge Dustin B. Pead on 11/24/2015. (jds)
November 24, 2015 Filing 666 MOTION for Admission Pro Hac Vice of Edward F. Donohue and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2386940, filed by Interested Party First Utah Bank. (Attachments: #1 Exhibit A-C)(Doctorman, Gary)
November 24, 2015 Filing 665 Modification of Docket: Error: Filing link to incorrect document. Correction: Corrected docket entry relationship re #663 Reply Memorandum/Reply to Response to Motion. (jds)
November 24, 2015 Opinion or Order Filing 664 DOCKET TEXT ORDER granting #662 Motion for Extension of Time. The Joint Motion to Approve Settlement shall be due by close of business on December 1, 2015. The court will contact the parties and assist as needed with the proposed additional mediation. Signed by Magistrate Judge Dustin B. Pead on 11/24/2015. No attached document. (jag)
November 23, 2015 Filing 663 REPLY to Response to Motion re #618 MOTION for Settlement filed by Receiver Diane Thompson. (Gaylord, Mark) Modified docket entry relationship on 11/24/2015 (jds).
November 23, 2015 Filing 662 Stipulated MOTION for Extension of Time To Submit Joint Motion to Approve Settlement filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Extension of Time) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 20, 2015 Filing 661 MEMORANDUM in Opposition re #646 MOTION for Leave to File and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Letter from Chubb, September 22, 2015)(Vartabedian, Melanie)
November 19, 2015 Opinion or Order Filing 660 ORDER granting #659 Motion for Extension of Time to Allow Receiver to Respond to Michelle DeYoungs Third Motion to Intervene. Signed by Judge Robert J. Shelby on 11/19/2015. (jds)
November 18, 2015 Filing 659 Stipulated MOTION for Extension of Time TO ALLOW RECEIVER TO RESPOND TO MICHELLE DEYOUNGS THIRD MOTION TO INTERVENE filed by Movant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
November 18, 2015 Filing 658 OBJECTIONS to CONDITIONAL WITHDRAWAL OF MICHELLE DEYOUNG'S OBJECTION TO RECEIVER'S MOTION AND MEMORANDUM TO (1) APPROVE SETTLEMENT WITH FIRST UTAH BANK; AND (2) FOR A CLAIMS BAR ORDER filed by Michelle DeYoung. (Colemere, Jeffrey)
November 18, 2015 Filing 657 MEMORANDUM in Opposition re #646 MOTION for Leave to File and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
November 18, 2015 Opinion or Order Filing 656 ORDER granting #652 Motion TO FILE FEE APPLICATION EXHIBITS IN CAMERA. Signed by Judge Robert J. Shelby on 11/18/2015. (jds)
November 17, 2015 Filing 654 Motions No Longer Referred: #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 , #652 MOTION Motion to File Fee Application Exhibits In Camera re #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 (chambers)
November 17, 2015 Opinion or Order Filing 653 ORDER of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung (Attachments: #1 Appendix A - Cover letter)(jds)
November 13, 2015 Filing 652 MOTION Motion to File Fee Application Exhibits In Camera re #651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 13, 2015 Filing 651 MOTION Sixth Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2015 Through September 30, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit D-Summary of fees and expenses incurred by Richards Brandt Miller & Nelson (not attached), #5 Exhibit E-Summary of fees and expenses incurred by Orange Legal Technologies, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 12, 2015 Filing 655 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Settlement Conference held on 11/12/2015. The Receiver and Michelle DeYoung reached a settlement in principle. The parties to mediation will reduce their agreement to writing and file a joint motion to approve settlement no later than November 23, 2015. 650 Attorney for Plaintiff-in-intervention: Jeffrey T. Colemere, Attorney for Receiver: Mark R. Gaylord, Melanie J. Vartabedian and Tesia N. Stanley. Court Reporter: Electronic (Audio Sealed). (tls)
November 12, 2015 Opinion or Order Filing 650 DOCKET TEXT ORDER No attached document. The parties to the November 12, 2015 mediation shall submit their joint motion to approve settlement no later than November 23, 2015. The parties must attach a copy of their executed settlement agreement as an exhibit to that motion. The settlement agreement shall be filed under seal and remain sealed until such time as the district court elects to unseal that document. Signed by Magistrate Judge Dustin B. Pead on 11/12/2015. (jag)
November 9, 2015 Filing 649 NOTICE of Receiver's Submission of Responses to Proposed Settlement with First Utah Bank by Diane Thompson (Attachments: #1 Exhibit A- Index of Responses to Proposed Settlement with First Utah Bank) (Gaylord, Mark)
November 3, 2015 Opinion or Order Filing 648 ORDER granting #647 Motion for Extension of Time to Lodge Confidential Settlement Statements. The Confidential Settlement Statements shall be due November 5, 2015. Signed by Magistrate Judge Dustin B. Pead on 11/3/15. (jmr)
November 3, 2015 Filing 647 Stipulated MOTION for Extension of Time to Lodge Confidential Settlement Statements filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
November 3, 2015 Filing 646 MOTION for Leave to File and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit Proposed Complaint, #2 Exhibit Insurance Policy) Motions referred to Dustin B. Pead.(Quintana, Danny)
November 3, 2015 Filing 645 Motions No Longer Referred: #642 Third MOTION to Intervene and Memorandum in Support of Third Motion to Intervene (chambers)
November 2, 2015 Filing 644 AFFIDAVIT/DECLARATION of James S. McGregor in Opposition re #618 MOTION for Settlement and Memorandum in Support filed by Movants Michelle Seiler, Richard Seiler. (Attachments: #1 Exhibit A - McGregor Letter)(Wing, Robert)
November 2, 2015 Filing 643 REPLY to RESPONSE to Motion re #618 MOTION for Settlement and Memorandum in Support filed by Movants Michelle Seiler, Richard Seiler. (Attachments: #1 Exhibit A - In Re Medical Capital Securities)(Wing, Robert) Modified by correcting docket text to reflect pleading is a response not a reply on 11/3/2015 (blh).
November 2, 2015 Filing 642 Third MOTION to Intervene and Memorandum in Support of Third Motion to Intervene filed by Movant Michelle DeYoung. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
October 30, 2015 Filing 641 MEMORANDUM in Support re #618 MOTION for Settlement and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
October 30, 2015 Filing 640 STATUS REPORT (Sixth Quarterly) by Diane Thompson. (Attachments: #1 Exhibit A-Summary of the Operating Cash Receipts and Disbursements of APS, #2 Exhibit B-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements of APS 401K Account, #4 Exhibit D-Summary of Receivership Assets, #5 Exhibit E-Schedule of Assets of APS Clients, #6 Exhibit F-Summary of Known Creditors)(Vartabedian, Melanie)
October 26, 2015 Opinion or Order Filing 639 ORDER granting #637 Motion to Retain Jonathan Cook as Appraiser. Signed by Judge Robert J. Shelby on 10/26/2015. (jds)
October 23, 2015 Filing 638 AMENDED NOTICE OF SETTLEMENT CONFERENCE. Pursuant to a request from Plaintiff, the Settlement Conference in this matter, previously scheduled for November 10, 2015, is hereby RE-SCHEDULED for November 12, 2015. Other than the date of the conference, all relevant times, settlement paper submission dates and locations shall remain the same as set forth in the Court's Settlement Conference Order 625 . (amn)
October 22, 2015 Filing 637 MOTION to Retain Jonathan Cook as Appraiser filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A- Jonathan Cook's Qualifications - 2015, #2 Exhibit B- [Proposed] Order Granting Motion) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
October 21, 2015 Filing 636 AFFIDAVIT/DECLARATION of Curtis DeYoung in Opposition re #618 MOTION for Settlement and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
October 20, 2015 Opinion or Order Filing 635 ORDER re #633 Order Referring Case to Magistrate Judge. Settlement Conference set for 11/10/2015 from 09:30 AM - 12:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 10/20/2015. (jds)
October 15, 2015 Filing 634 AMENDED NOTICE OF HEARING ON MOTION re: #605 MOTION to Intervene , #618 MOTION for Settlement : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/2/2015 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
October 15, 2015 Opinion or Order Filing 633 ORDER REFERRING CASE to Magistrate Judge Dustin Pead under 28:636 (b)(1) for Settlement. Counsel shall, by within five (5) days of this Order, jointly contact the Magistrate to schedule the settlement conference. Motions terminated: #631 Stipulated MOTION to Refer Claims to ADR for Mediation filed by Diane Thompson. Signed by Judge Robert J. Shelby on 10/15/2015. (jds)
October 15, 2015 Opinion or Order Filing 632 ORDER granting #630 Motion for Extension of Time to File Response/Reply RE #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence. Signed by Judge Robert J. Shelby on 10/14/2015. (jds)
October 15, 2015 Filing 631 Stipulated MOTION to Refer Claims to ADR for Mediation filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
October 14, 2015 Filing 630 Stipulated MOTION for Extension of Time to File Response/Reply as to #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
October 7, 2015 Filing 629 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to Michael Black) (Vartabedian, Melanie)
October 5, 2015 Filing 628 First MEMORANDUM in Opposition re #618 MOTION for Settlement and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Affidavit of Curtis DeYoung, #2 Exhibit Warrantee Deed, #3 Exhibit LIC Articles of Org)(Quintana, Danny)
September 29, 2015 Filing 627 MEMORANDUM in Opposition re #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence and Memorandum in Support filed by Movant Michelle DeYoung. (Attachments: #1 Exhibit Exh. A to Objection to Motion to Lift Freeze, #2 Exhibit Exh. B to Objection to Motion to Lift Freeze, #3 Exhibit Exh. C to Objection to Motion to Lift Freeze, #4 Exhibit Exh. D to Objection to Motion to Lift Freeze)(Colemere, Jeffrey)
September 25, 2015 Filing 626 Modification of Docket: Correction: Added motions to be heard re 622 Notice of Hearing on Motion. (jds)
September 25, 2015 Opinion or Order Filing 625 DOCKET TEXT ORDER denying #624 MOTION to Defer Consideration re #623 Memorandum in Opposition to Motion, #605 MOTION to Intervene and, #618 MOTION for Settlement. Signed by Judge Robert J. Shelby on 9/25/2015. No attached document. (jds)
September 24, 2015 Filing 624 MOTION to Defer Consideration re #623 Memorandum in Opposition to Motion, #605 MOTION to Intervene and Memorandum in Support , #618 MOTION for Settlement and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
September 24, 2015 Filing 623 MEMORANDUM in Opposition re #605 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark)
September 24, 2015 Filing 622 NOTICE OF HEARING ON MOTION re #605 MOTION to Intervene and #618 MOTION for Settlement (Notice generated by Chambers) Motion Hearing set for 12/2/2015 at 09:30 AM in Rm 7.300 before Judge Robert J. Shelby. (jds) Modified by adding document numbers on 9/25/2015 (jds).
September 24, 2015 Opinion or Order Filing 621 ORDER granting #619 Ex Parte (Not Sealed) MOTION for Order Regarding Notice of and Time for Objections to the Motion and Memorandum to 1) Approve Settlement with First Utah Bank; and 2) For a Claims Bar Ordered. Objections must be received no later than November 2, 2015 (Response Deadline). The Receiver will catalogue all responses and/or objections and will submit them to the Court, in camera, without comment on or before November 9, 2015. The Receiver shall file a reply memorandum in response to the responses and/or objections submitted by the IRA Account Owners on or before November 23, 2015. A hearing to consider the Motion, all responses and/or objections and the Receivers reply memoranda shall be held on December 2, 2015 at 9:30 a.m., before Judge Robert J. Shelby in courtroom 7.300,. Signed by Judge Robert J. Shelby on 9/24/2015. (jds)
September 24, 2015 Filing 620 Motions No Longer Referred: #619 Ex Parte (Not Sealed) MOTION for Order Regarding Notice of and Time for Objections to the Motion and Memorandum to 1) Approve Settlement with First Utah Bank; and 2) For a Claims Bar Ordered (chambers)
September 23, 2015 Filing 619 Ex Parte (Not Sealed) MOTION for Order Regarding Notice of and Time for Objections to the Motion and Memorandum to 1) Approve Settlement with First Utah Bank; and 2) For a Claims Bar Ordered filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
September 23, 2015 Filing 618 MOTION for Settlement and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - APS Master Individual Retirement Trust Account First Utah Bank as Custodian, #3 Exhibit 3 - Custodial Services Agreement, #4 Exhibit 4 - 5305 A Traditional Individual Retirement Custodian Account, #5 Exhibit 5 - Complaint, #6 Exhibit 6 - Affirmation of First Utah Bank)(Gaylord, Mark)
September 21, 2015 Opinion or Order Filing 617 SCHEDULING ORDER: Amended Pleadings due by 10/30/2015. Joinder of Parties due by 11/16/2015. Discovery due by 9/2/2016. Motions due by 9/30/2016. If the parties do not intend to file dispositive or potentially dispositive motions, a scheduling conference will be held for purposes of setting a trial date, Status Conference set for 10/6/2016 at 02:00 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Magistrate Judge Evelyn J. Furse on 9/18/2015. (jds)
September 16, 2015 Opinion or Order Filing 616 ORDER granting #615 Motion for Extension of Time to File Response/Reply re #605 MOTION to Intervene. Responses due by 9/24/2015. Signed by Judge Robert J. Shelby on 9/16/2015. (jds)
September 15, 2015 Filing 615 Stipulated MOTION for Extension of Time to File Response/Reply as to #605 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order proposed order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
September 15, 2015 Filing 614 **PLEASE DISREGARD - ENTRY ERROR** Document will be re-filed. Stipulated MOTION for Extension of Time to File Response/Reply as to #605 MOTION to Intervene and Memorandum in Support filed by Movants Michelle Seiler, Richard Seiler, Christa Zaro, Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark) Modified on 9/15/2015 by adding error message per call from counsel (jlw).
September 2, 2015 Filing 612 REPORT OF ATTORNEY PLANNING MEETING. (Wadley, Daniel)
September 1, 2015 Filing 611 NOTICE of Appearance by Mark W. Pugsley on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Pugsley, Mark)
September 1, 2015 Filing 610 NOTICE of Appearance by Jared N. Parrish on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Parrish, Jared)
September 1, 2015 Filing 608 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on AUGUST 19, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. 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. To redact additional information a Motion to Redact must be filed. 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 9/22/2015. Redacted Transcript Deadline set for 10/2/2015. Release of Transcript Restriction set for 11/30/2015. (jds) Modified on 11/30/2015 by removing restricted text (las).
September 1, 2015 Filing 607 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit A - Harward Subpoena) (Vartabedian, Melanie)
September 1, 2015 Filing 606 Motions No Longer Referred: #605 MOTION to Intervene and Memorandum in Support (chambers)
August 31, 2015 Filing 605 MOTION to Intervene and Memorandum in Support filed by Movants Michelle Seiler, Richard Seiler, Christa Zaro. (Attachments: #1 Exhibit A - Proposed Complaint) Motions referred to Dustin B. Pead.(Wing, Robert)
August 31, 2015 Filing 604 Modification of Docket: re #603 Order on Motion to Intervene. Added docket text regarding for ruling on MOTION to Determine Applicability of the Order Appointing Receiver. (jds)
August 28, 2015 Opinion or Order Filing 603 ORDER denying #575 Motion to Intervene; granting MOTION to Determine Applicability of the Order Appointing Receiver per Stipulation that the Order Appointing Receiver [doc. 9] and the stay imposed thereby does not apply to those claims in the State Court. Action Signed by Magistrate Judge Dustin B. Pead on 8/27/2015. (jds) Modified text on 8/31/2015 (jds).
August 26, 2015 Filing 602 INTERVENOR COMPLAINT against Diane Thompson., filed by Michelle DeYoung. (Colemere, Jeffrey) Modified by correcting type of document on 4/12/2016 (rks).
August 20, 2015 Opinion or Order Filing 601 ORDER granting #544 Motion to Intervene. The court directs Ms. DeYoung to file a Complaint in Intervention consistent with the courts instruction at the hearing no later than August 26, 2015. Signed by Judge Robert J. Shelby on 8/20/2015. (las)
August 20, 2015 Opinion or Order Filing 600 ORDER granting #580 Motion Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015. Signed by Judge Robert J. Shelby on 8/20/2015. (las)
August 19, 2015 Filing 613 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 8/19/2015. The court hears from cnsl and rules as follows. Docket entry #580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 filed by Diane Thompson is GRANTED. Docket entry #544 MOTION to Intervene (Renewed) filed by Michelle DeYoung is GRANTED. The court directs Michelle DeYoung to file a Complaint in Intervention consistent with the courts instruction at the hearing no later than August 26, 2015. An Order will be issued by the Court. The court directs the parties to meet and file with Magistrate Judge Pead, a stipulated proposed scheduling order. If cnsl can not agree, each side will submit a proposed scheduling order. Attorney for Plaintiff: Daniel Wadley - SEC; Mark Gaylord, Melanie Vartabedian, Diane Thompson - Receiver; Jeffrey Colemere for Michelle DeYoung; Danny Quintana and Joshua Chandler for Curtis DeYoung.Court Reporter: Ray Fenlon.(mjm)
August 19, 2015 Opinion or Order Filing 599 ORDER RE : Interpleaded Funds Related to the Management Solutions, Inc. Receivership. Signed by Judge Robert J. Shelby on 8/19/2015. (jds)
August 17, 2015 Opinion or Order Filing 598 ORDER granting #582 Motion for Release of Funds. Signed by Judge Robert J. Shelby on 8/17/2015. (las)
August 13, 2015 Filing 597 RESPONSE to Motion re #575 MOTION to Intervene and Memorandum in Support and Motion to Determine Applicability of the Order Appointing Receiver MOTION to Determine Applicability of the Order Appointing Receiver and Notice of Receiver's Intention to Respond to Pearce's Motion filed by Movant Pearce Investments. (Baer, Justin)
August 12, 2015 Filing 596 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- Subpoena Duces Tecum on Primary Capital LLC) (Vartabedian, Melanie)
August 10, 2015 Filing 595 RESPONSE to Motion re #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
August 10, 2015 Filing 594 NOTICE OF WITHDRAWAL OF COUNSEL of John Bagley filed by John P. Bagley on behalf of Michael D. Memmott, Jr, Michael D. Memmott, Sr (Bagley, John)
August 10, 2015 Filing 593 AMENDED NOTICE OF HEARING ON MOTION re: #580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 , #544 MOTION to Intervene (Renewed) : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 8/19/2015 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Hearing time has been moved to 2:00 p.m. on 8/19/2015 (mjm)
August 7, 2015 Opinion or Order Filing 592 FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ORDER GRANTING RECEIVER'S MOTION #567 FOR ORDER REQUIRING ALL REMAINING AMERICAN PENSION SERVICES, INC. ACCOUNT HOLDERS TO TRANSFER ACCOUNTS TO EQUITY TRUST WITHIN THIRTY DAYS, AND AUTHORIZING THE RECEIVER TO EXERCISE ALL RIGHTS TO COLLECT LOSS ALLOCATION PAYMENTS UNDER THE LIQUIDATION PLAN. Signed by Judge Robert J. Shelby on 8/7/2015. (las)
August 6, 2015 Filing 591 NOTICE OF HEARING ON MOTION re: #544 MOTION to Intervene and Memorandum in Support (Renewed) : (Notice generated by clerks office) Motion Hearing reset for 8/19/2015 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. (las)
August 6, 2015 Opinion or Order Filing 590 ORDER granting #587 Motion to Continue Hearing on August 12, 2015 only as to Michelle DeYoungs Renewed Motion to Intervene. The hearing shall be continued to August 19, 2015 beginning at 1:30 pm. Signed by Judge Robert J. Shelby on 8/6/2015. (las)
August 6, 2015 Filing 589 Motions No Longer Referred: #587 Stipulated MOTION for Hearing re 578 Notice of Hearing on Motion,,,,,,,, Stipulated Motion for Continuance of Hearing on August 12, 2015 only as to M. DeYoung's Renewed Motion to Intervene (chambers)
August 6, 2015 Filing 588 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to University Federal Credit Union) (Gaylord, Mark)
August 5, 2015 Filing 587 Stipulated MOTION for Hearing re 578 Notice of Hearing on Motion,,,,,,,, Stipulated Motion for Continuance of Hearing on August 12, 2015 only as to M. DeYoung's Renewed Motion to Intervene filed by Movant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
August 3, 2015 Opinion or Order Filing 586 ORDER granting #581 Motion to File Fee Application Exhibits In Camera. Signed by Judge Robert J. Shelby on 8/3/2015. (las)
August 3, 2015 Opinion or Order Filing 585 ORDER granting #583 Motion for Extension of Time. The Defendant is granted an extension until August 10, 2015, to file his Response to the above identified Motion. Signed by Judge Robert J. Shelby on 8/3/2015. (las)
August 3, 2015 Filing 584 Motions No Longer Referred: #580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 , #582 MOTION for Release of Funds and Memorandum in Support , #581 MOTION to File Fee Application Exhibits In Camera re #580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 , #583 First MOTION for Extension of Time DKT 573 (chambers)
August 3, 2015 Filing 583 First MOTION for Extension of Time DKT 573 filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit Proposed Order) Motions referred to Dustin B. Pead.(Quintana, Danny)
July 31, 2015 Filing 582 MOTION for Release of Funds and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Complete List of Claims and Account Holders) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
July 31, 2015 Filing 581 MOTION to File Fee Application Exhibits In Camera re #580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
July 31, 2015 Filing 580 MOTION Fifth Application for Interim Compensation of Receiver and Professionals for Services Rendered April 1, 2015 Through June 30, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit D-Summary of fees and expenses incurred by Richards Brandt Miller & Nelson (not attached), #5 Exhibit E-Summary of fees and expenses incurred by Orange Legal Technologies, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
July 30, 2015 Filing 579 STATUS REPORT Fifth Quarterly by Diane Thompson. (Attachments: #1 Exhibit A - Summary of the Operating Cash Receipts and Disbursements of APS, #2 Exhibit B - Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #3 Exhibit C - Summary of the Operating Cash Receipts and Disbursements of APS 401k Account, #4 Exhibit D - Summary of Receivership Assets, #5 Exhibit E - Schedule of Assets of APS Clients, #6 Exhibit F - Summary of Known Creditors)(Vartabedian, Melanie)
July 28, 2015 Filing 578 SECOND AMENDED NOTICE OF HEARING ON MOTION re: #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration, MOTION For Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration filed by Receiver Diane Thompson, #544 MOTION to Intervene (Renewed) : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 8/12/2015 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: On 7/14/2015, a minute entry in case 2:14cv309 RJS stated a Motion Hearing had been set for 8/7/2015. The hearing set for 8/7/2015 is VACATED and has been RESET for 8/12/2015 at 1:30 p.m. On 8/12/2015 at 1:30 p.m., the court will hear 2:14cv870 RJS Thompson v. DeYoung et al., #22 MOTION for Partial Summary Judgment filed by Diane A. Thompson , 67 Cross MOTION for Partial Summary Judgment filed by Durham Jones and Pinegar; 2:14cv309 RJS SEC v. APS et al., #544 MOTION to Intervene(Renewed) filed by Movant Michelle DeYoung, #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration, MOTION For Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration filed by Receiver Diane Thompson. (mjm)
July 27, 2015 Filing 577 AMENDED NOTICE OF HEARING ON MOTION re: #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments. MOTION For Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation, #544 MOTION to Intervene(Renewed) : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 8/12/2015 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
July 27, 2015 NOTICE VACATING Motion hearing HEARING set for 8/12/2015 at 10:00 a.m. before Judge Robert J. Shelby. An Amended Notice will be docketed, resetting the motion hearing for 8/12/2015 at 1:30 p.m. (Notice generated by Mary Jane McNamee) (mjm)
July 27, 2015 Opinion or Order Filing 576 ORDER as to #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the liquidation. #544 MOTION to Intervene and Memorandum in Support (Renewed) Motion Hearing set for 8/12/2015 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 7/27/2015. (las)
July 27, 2015 Filing 575 MOTION to Intervene and Memorandum in Support and Motion to Determine Applicability of the Order Appointing Receiver filed by Movant Pearce Investments. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Keller Counterclaim, #3 Exhibit C - Crouch Counterclaim, #4 Exhibit D - Keller Promissory Notes, #5 Exhibit E - State Court Notice of Stay) Motions referred to Dustin B. Pead. Attorney Justin R. Baer added to party Pearce Investments(pty:mov)(Baer, Justin). Added MOTION on 7/30/2015 added second motion type Motion to determine applicability of the order appointing receiver (las).
July 21, 2015 Filing 574 Motions No Longer Referred: #573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence and Memorandum in Support (chambers)
July 20, 2015 Filing 573 MOTION Partial Lift of Freeze Order for Limited Purpose of Allowing the Foreclosure of DeYoung Residence and Memorandum in Support filed by Receiver Diane Thompson. (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 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
July 15, 2015 Filing 572 Modification of Docket: re 570 Minute Entry-Motion Hearing Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 7/14/2015 re: #506 MOTION to Stay filed by Curtis L. DeYoung and #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015, filed by the Receiver Diane Thompson. Docket entry #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 is GRANTED. Docket entry #506 MOTION to Stay is DENIED for the reasons discussed on the record at the hearing and stated in the opposition memoranda filed by the SEC and the Receiver. The court further ORDERS for the reasons stated on the record that anyone seeking to elicit further testimonial discovery from Mr. DeYoung in this case shall first move for an order granting leave to obtain the discovery. Any motion for such an order shall clearly identify the nature and substance of the discovery sought, the need for it, and shall demonstrate good cause for taking the discovery. Mr. Rob Hunt makes an oral motion to withdraw from the case, which is GRANTED. A motion hearing is set for 8/7/2015 at 1:00 p.m. to hear #544 MOTION to Intervene, filed by Michelle DeYoung, #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments filed by Diane Thompson (both in case 2:14cv309) AND #22 MOTION for Partial Summary Judgment filed by Diane A. Thompson (in case 2:14cv870). As to docket entry #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments filed by Diane Thompson, Mr. Danny Quintana cnsl for dft Curtis DeYoung, will file a response by 7/24/2015. Mr. Gaylord, cnsl for the Receiver and Mr. Wadley, cnsl for SEC, will file a reply by 7/31/2015. Attorney for Plaintiff: Daniel Wadley, Amy Oliver; Attorney for Defendant: Danny Quintana; Atty for Receiver: Mark Gaylord, Melanie Vartebedian and the Receiver: Diane Thompson. Court Reporter: Ray Fenlon.(mjm) Modified on 7/15/2015 (mjm). (mjm)
July 15, 2015 Opinion or Order Filing 571 ORDER granting #533 Motion Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 through March 31, 2015. Signed by Judge Robert J. Shelby on 7/15/2015. (las)
July 14, 2015 Filing 570 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 7/14/2015 re: #506 MOTION to Stay filed by Curtis L. DeYoung and #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015, filed by the Receiver Diane Thompson. Docket entry #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 is GRANTED. Docket entry #506 MOTION to Stay is DENIED for the reasons discussed on the record at the hearing and stated in the opposition memoranda filed by the SEC and the Receiver. The court further ORDERS for the reasons stated on the record that anyone seeking to elicit further testimonial discovery from Mr. DeYoung in this case shall first move for an order granting leave to obtain the discovery. Any motion for such an order shall clearly identify the nature and substance of the discovery sought, the need for it, and shall demonstrate good cause for taking the discovery. Mr. Rob Hunt makes an oral motion to withdraw from the case, which is GRANTED. A motion hearing is set for 8/7/2015 at 1:00 p.m. to hear #544 MOTION to Intervene, filed by Michelle DeYoung, #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments filed by Diane Thompson (both in case 2:14cv309) AND #22 MOTION for Partial Summary Judgment filed by Diane A. Thompson (in case 2:14cv870). As to docket entry #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments filed by Diane Thompson, Mr. Danny Quintana cnsl for dft Curtis DeYoung, will file a response by 7/24/2015. Mr. Gaylord, cnsl for the Receiver and Mr. Wadley, cnsl for SEC, will file a reply by 7/31/2015. Attorney for Plaintiff: Daniel Wadley, Amy Oliver; Attorney for Defendant: Danny Quintana; Atty for Receiver: Mark Gaylord, Melanie Vartebedian and the Receiver: Diane Thompson. Court Reporter: Ray Fenlon.(mjm) Modified on 7/15/2015 (mjm).
July 14, 2015 Filing 569 NOTICE of Appearance by Robert K. Hunt on behalf of Curtis L. DeYoung (Hunt, Robert)
July 14, 2015 Filing 568 Motions No Longer Referred: #567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Un MOTION For Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation (chambers)
July 13, 2015 Filing 567 MOTION to Expedite Motion for Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration and Memorandum in Support , MOTION For Order Requiring All Remaining American Pension Services, Inc. Account Holders to Transfer Accounts to Equity Trust Within Thirty Days, Authorizing the Receiver to Exercise All Rights to Collect Loss Allocation Payments Under the Liquidation Plan, and Request for Expedited Consideration and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A- Letter from IRS to Diane Thompson) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
July 8, 2015 Filing 566 AMENDED NOTICE OF HEARING ON MOTION re: #506 MOTION to Stay , #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/14/2015 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Additional motion will be heard. (mjm)
July 8, 2015 Opinion or Order Filing 565 ORDER granting #564 Motion to Dismiss. The action is hereby dismissed, without prejudice, each party to pay its own attorney fees and costs. The dismissal of this matter renders the Order of the Court seeking additional information from the Receiver moot, thus the Receiver need not file a response. Signed by Magistrate Judge Dustin B. Pead on 7/8/2015. (las)
July 7, 2015 Filing 564 Stipulated MOTION to Dismiss Appeal of John R. Watkins Without Prejudice filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order)(Vartabedian, Melanie)
July 2, 2015 Filing 563 DOCUMENTS LODGED consisting of Response to Receiver's Opposition to Revaluation Appeal of John R. Watkins. (tls)
July 1, 2015 Filing 562 REPLY to Response to Motion re #544 MOTION to Intervene and Memorandum in Support (Renewed) filed by Movant Michelle DeYoung. (Attachments: #1 Exhibit A-Transcript of 2-13-15 Motion to Intervene Hearing, #2 Exhibit B-Michelle DeYoung's 10-20-14 Pro Se Objection)(Colemere, Jeffrey)
June 29, 2015 Opinion or Order Filing 561 DOCKET TEXT ORDER granting #560 Motion for Extension of Time. Based upon the stipulation of the parties, Michelle DeYoung shall have until close of business on July 2, 2015, to file her reply memorandum related to her pending motion to intervene #544 . Signed by Magistrate Judge Dustin B. Pead on 06/29/2015. No attached document. (amn)
June 26, 2015 Filing 560 Stipulated MOTION for Extension of Time to File Reply Opposition to Michelle DeYoung's Renewed Motion to Intervene filed by Movant Michelle DeYoung. Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
June 24, 2015 Filing 559 REQUEST to Submit for Decision re #515 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie)
June 24, 2015 Opinion or Order Filing 558 ORDER- When considering a petition for review, the liquidation plan grants this court authority to request additional information from the parties (doc. 458-1, p. 51). Relying upon that authority, the court requests that the Receiver provide information regarding the impact, if any, that the submission of the 4852 form, dated June 11, 2014, and provided without any accompanying tax documents, has on this courts analysis. 2 Such information should be supplied to the courtwithin fourteen (14) days of the date of this Order. No reply from Mr. Watkins is necessary unless formally requested by the court. Signed by Magistrate Judge Dustin B. Pead on 6/24/2015. (las)
June 22, 2015 Filing 557 CERTIFICATE OF SERVICE by Diane Thompson (Vartabedian, Melanie)
June 19, 2015 Filing 556 MEMORANDUM in Opposition re #544 MOTION to Intervene and Memorandum in Support (Renewed) filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A- R. Memmott Depo, #2 Exhibit B- Declaration of Harry Segura, #3 Exhibit C- Declaration of A. Matthew Crowley)(Vartabedian, Melanie)
June 15, 2015 Filing 555 NOTICE OF FILING of Opposition to Revaluation Appeal of John R. Watkins re #545 Lodged Document filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Timeline, #2 Exhibit B - Billing Statement, #3 Exhibit C - 6/4/14 email/letter, #4 Exhibit D - 6/30/14 email, #5 Exhibit E - 7/2/14 letter, #6 Exhibit F - 7/24/14 email, #7 Exhibit G - 7/25/14 email, #8 Exhibit H - 7/25/14 letter & billing statement, #9 Exhibit I - 7/29/14 email, #10 Exhibit J - 7/30/14 email, #11 Exhibit K - 7/30/14 email, #12 Exhibit L - 8/5/14 letter, #13 Exhibit M - 8/20/14 letter, #14 Exhibit N - Corporate Status Inquiry, #15 Exhibit O - numerous emails & letters, #16 Exhibit P - 4/22/15 letter, #17 Exhibit Q - 3/23/15 letter, #18 Exhibit R - 5/11/15 letter)(Vartabedian, Melanie)
June 12, 2015 Opinion or Order Filing 554 ORDER granting #553 Motion for Extension of Time to File Response re #544 MOTION to Intervene and Memorandum in Support (Renewed). Responses due by 6/19/2015. Signed by Magistrate Judge Dustin B. Pead on 6/12/2015. (las)
June 12, 2015 Filing 553 Stipulated MOTION for Extension of Time to File Response/Reply as to #544 MOTION to Intervene and Memorandum in Support (Renewed) filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
June 11, 2015 Opinion or Order Filing 552 ORDER granting #550 Motion to Deposit Funds. It is HEREBY ORDERED THAT the MSI Receiver may deposit the distribution funds applicable to the Duplicative Claims for the First Distribution that has been approved in the MSI Receivership Case, as well as any future distribution funds that are applicable to the Duplicative Claims in the case of Securities and Exchange Commission v. Management Solutions, Inc. Case No. 2:11-cv-01165 (the MSI Receivership Case) with the Clerk of the Court pending further order from Judge Shelby pertaining to how the funds shall be distributed. Signed by Judge Robert J. Shelby on 6/11/2015. (las)
June 11, 2015 Filing 551 Motions No Longer Referred: #550 Stipulated MOTION to Deposit Funds (chambers)
June 8, 2015 Filing 550 Stipulated MOTION to Deposit Funds filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
June 8, 2015 Filing 549 NOTICE of Appearance by Doyle S. Byers on behalf of Gil A. Miller (Byers, Doyle)
June 4, 2015 Filing 548 REPLY to Response to Motion re #515 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Declaration of A. Matthew Crowley, #2 Exhibit B-Declaration of Harry Segura, #3 Exhibit C-Deposition of Michelle DeYoung, #4 Exhibit D-Agreement to Provide Insurance, #5 Exhibit E-Letter to Thomas Burns, #6 Exhibit F-Declaration of Sam Belnap, #7 Exhibit G-Letter to Paul Moxley and Thomas Burns)(Vartabedian, Melanie)
May 28, 2015 Filing 547 NOTICE of Intent to Issues Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit A- Subpoenas) (Vartabedian, Melanie)
May 28, 2015 Filing 546 Motions No Longer Referred: #544 MOTION to Intervene and Memorandum in Support (Renewed) (chambers)
May 28, 2015 Filing 545 DOCUMENTS LODGED consisting of Correspondence from John Watkins. (tls)
May 26, 2015 Filing 544 MOTION to Intervene and Memorandum in Support (Renewed) filed by Movant Michelle DeYoung. (Attachments: #1 Exhibit 1-Complaint in Intervention, #2 Exhibit 2-Declaration of Michelle DeYoung, #3 Exhibit 3-Stipulation and Settlement Agreement, #4 Exhibit A-Part I to Stipulation and Settlement Agreement, #5 Exhibit A-Part II to Stipulation and Settlement Agreement, #6 Exhibit A-Part III to Stipulation and Settlement Agreement, #7 Exhibit A-Part IV to Stipulation and Settlement Agreement, #8 Exhibit A-Part V to Stipulation and Settlement Agreement) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
May 21, 2015 Filing 543 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 9, 2015 before Judge Robert J. Shelby. 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. To redact additional information a Motion to Redact must be filed. 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 6/11/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/19/2015. (las) Modified on 8/20/2015 by removing restricted text (las).
May 20, 2015 Filing 542 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- Subpoenas Duces Tecum) (Vartabedian, Melanie)
May 18, 2015 Filing 541 RESPONSE to Motion re #515 MOTION for Order of Sale and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Affidavit Exhibit 1 Affidavit of Curtis DeYoung, #2 Exhibit Exhibit 2 Quitclaim Deed, #3 Exhibit Exhibit 3 Retail Purchase Agreement, #4 Exhibit Exhibit 4 Toyota Registration, #5 Exhibit Exhibit 5 Ford Registration)(Quintana, Danny)
May 18, 2015 Opinion or Order Filing 540 ORDER granting #534 Motion to File Fee Application Exhibits In Camera. The Receiver shall file Exhibits A,B,C and D in camera. Signed by Magistrate Judge Dustin B. Pead on 5/18/2015. (las)
May 18, 2015 Opinion or Order Filing 539 ORDER granting #537 Motion for Extension of Time to File Response/Reply re #515 MOTION for Order of Sale and Memorandum in Support. Responses due by 5/22/2015. Signed by Magistrate Judge Dustin B. Pead on 5/18/2015. (las)
May 18, 2015 Opinion or Order Filing 538 ORDER granting #535 Motion for Extension of Time to File Response/Reply re #515 MOTION for Order of Sale and Memorandum in Support . Responses due by 5/22/2015. Signed by Magistrate Judge Dustin B. Pead on 5/18/2015. (las)
May 15, 2015 Filing 537 Second MOTION for Extension of Time Response to Receiver's Motion filed by Movant Michelle DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Colemere, Jeffrey) Modified on 5/18/2015 corrected motion type to Motion for extension of time to file response/reply (las).
May 15, 2015 Filing 536 Motions No Longer Referred: #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 (chambers)
May 15, 2015 Filing 535 Second MOTION for Extension of Time to File Response/Reply as to #515 MOTION for Order of Sale and Memorandum in Support and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Quintana, Danny)
May 13, 2015 Filing 534 MOTION to File Fee Application Exhibits In Camera re #533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 13, 2015 Filing 533 MOTION Fourth Application for Interim Compensation of Receiver and Professionals for Services Rendered January 1, 2015 Through March 31, 2015 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-(not attached) Summary of fees and expenses incurred by the Receiver, #2 Exhibit B-(not attached) Summary of fees and expenses incurred by Ballard Spahr LLP, #3 Exhibit C-(not attached) Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern, #4 Exhibit D-(not attached) Summary of fees and expenses incurred by Richards Brandt Miller & Nelson, #5 Exhibit E-Summary of fees and expenses incurred by Orange Legal Technologies, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
May 8, 2015 Filing 532 REPLY to Response to Motion re #506 MOTION to Stay and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny)
May 8, 2015 Filing 531 NOTICE OF HEARING ON MOTION re: #506 MOTION to Stay : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/14/2015 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
May 8, 2015 Filing 530 NOTICE of Intent to Issue Deposition Subpoeonas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena) (Gaylord, Mark)
May 5, 2015 Opinion or Order Filing 529 ORDER on Stipulated Motion for Extension of Time-granting #528 Motion for Extension of Time to File Response/Reply re #528 First MOTION for Extension of Time to File Response/Reply as to #515 MOTION for Order of Sale and Memorandum in Support and Memorandum in Support . Responses due by 5/18/2015. Signed by Magistrate Judge Dustin B. Pead on 5/5/15. (jmr)
May 4, 2015 Filing 528 First MOTION for Extension of Time to File Response/Reply as to #515 MOTION for Order of Sale and Memorandum in Support and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Quintana, Danny)
May 4, 2015 Filing 527 SUBSTITUTION OF COUNSEL Danny Quintana replacing Nien-Ping Wang as counsel on behalf of Curtis L. DeYoung. (Quintana, Danny)
May 4, 2015 Filing 526 NOTICE of Appearance by Danny Quintana on behalf of Curtis L. DeYoung (Quintana, Danny)
May 4, 2015 Opinion or Order Filing 525 DOCKET TEXT ORDER granting #524 Motion for Extension of Time to File Response/Reply. #515 MOTION for Order of Sale and Memorandum in Support responses due by 5/18/2015. Signed by Magistrate Judge Dustin B. Pead on 05/04/2015. No attached document. (tls)
May 1, 2015 Filing 524 Stipulated MOTION for Extension of Time to File Response/Reply as to #515 MOTION for Order of Sale and Memorandum in Support filed by Movant Michelle DeYoung. Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
April 30, 2015 Filing 523 STATUS REPORT -Fourth Quarterly Status Report of Receiver by Diane Thompson. (Attachments: #1 Exhibit A-Order Appointing Receiver, Freezing Assets, and Other Relief, #2 Exhibit B-Receivers Amended Modified Proposed Plan of Liquidation, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements, #4 Exhibit D-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #5 Exhibit E-Summary of the Operating Cash Receipts and Disbursements of APS 401(k) Account, #6 Exhibit F-List of Receivership Assets and its actual or estimated value, #7 Exhibit G-Schedule of Assets of APS Clients, #8 Exhibit H-List of known creditors, their addresses, and the amounts of their claims)(Vartabedian, Melanie)
April 29, 2015 Opinion or Order Filing 522 ORDER granting #509 Motion to Approve Settlement with Holladay Bank and Trust. Signed by Judge Robert J. Shelby on 4/29/2015. (las)
April 29, 2015 Opinion or Order Filing 521 ORDER granting #518 Motion to Expedite; granting #518 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Dustin B. Pead on 4/29/2015. (las)
April 28, 2015 Filing 520 NOTICE of Intent to Issue Deposition Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Cenlar FSB Subpoenas) (Vartabedian, Melanie)
April 27, 2015 Filing 519 MEMORANDUM in Opposition re #506 MOTION to Stay and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie)
April 27, 2015 Filing 518 Ex Parte (Not Sealed) MOTION to Expedite Motion for Leave to File Over-Length Opposition to Motion to Stay Civil Proceeding Pending Resolution of Criminal Charges Against Defendant Curtis L. DeYoung , MOTION for Leave to File Excess Pages filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Order Granting Ex Parte Motion for Leave to File Over-Length Opposition) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
April 24, 2015 Filing 517 MEMORANDUM in Opposition re #506 MOTION to Stay and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, DeYoung Testimony 1/9/14, #2 Exhibit B, DeYoung Testimony 3/7/14, #3 Exhibit C, DeYoung Deposition 6/12/14, #4 Exhibit D, DeYoung Deposition 9/30/14)(Wadley, Daniel)
April 20, 2015 Filing 516 NOTICE of Appearance by Sara E. Bouley on behalf of Ernest Kiss (Bouley, Sara)
April 20, 2015 Filing 515 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order, #2 Exhibit Exhibit B - Letter from Robert Olsen, #3 Exhibit Exhibit C - Deposition of Curtis DeYoung, #4 Exhibit Exhibit D - Deposition of Michelle DeYoung, #5 Exhibit Exhibit E - Deposition of E. Dale Henderson, #6 Exhibit Exhibit F - Email from Mrs. DeYoung to Larna and Dale Henderson, #7 Exhibit Exhibit G - Copies of invoices for cabin furniture, #8 Exhibit Exhibit H - Insurance policy for cabin, #9 Exhibit Exhibit I - Curtis DeYoung Statement of Assets, #10 Exhibit Exhibit J - Photographs of Coca-Cola Vending Machines, #11 Exhibit Exhibit K - Photographs of Model T, #12 Exhibit Exhibit L - Model T Appraisal)(Vartabedian, Melanie)
April 16, 2015 Filing 514 NOTICE of Intent to Issue Deposition Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- First Utah Bank Subpoena) (Vartabedian, Melanie)
April 14, 2015 Opinion or Order Filing 513 RULING AND ORDER denying #478 Motion to Amend/Correct #458 Order on Motion to Approve Modified Plan of Liquidation and Memorandum in Support. If appropriate, Mr. Jordan may re-file his motion consistent with the procedures mentioned in this order and as specifically outlined under the Plan. Signed by Magistrate Judge Dustin B. Pead on 4/14/2015. (las)
April 14, 2015 Filing 512 Please be advised the Record is complete for purposes of appeal for USCA case number 15-4033 re #469 Notice of Appeal. (las)
April 13, 2015 Filing 511 Motions No Longer Referred: #509 MOTION to Approve Settlement With Holladay Bank and Trust and Memorandum in Support , #506 MOTION to Stay and Memorandum in Support (chambers)
April 10, 2015 Filing 510 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Amerititle Insurance Company) (Vartabedian, Melanie)
April 10, 2015 Filing 509 MOTION to Approve Settlement With Holladay Bank and Trust and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Settlement Agreement and Release) Motions referred to Dustin B. Pead.(Stanley, Tesia)
April 8, 2015 Opinion or Order Filing 508 ORDER re 507 Motion Hearing. Follows oral order of 4/3/2015. At the hearing, Mr. DeYoung withdrew his Motion (Dkt. #415 ) and Mr. Pitts withdrew his Motions (Dkts. #442 and #471 ). Accordingly, the court will terminate those Motions. For the reasons stated on the record at the hearing, the court Grants in Part and Denies in Part the Receiver's Cross-Motion (Dkt. #436 ) as follows: 1. Judson Pitts shall deliver $26,000 from his client trust account to the Receiver by no later then Monday, April 6, 2015; and 2. The other relief requested by the Receiver is denied. Signed by Judge Robert J. Shelby on 4/3/2015. (las)
April 8, 2015 Filing 506 MOTION to Stay and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit A) Motions referred to Dustin B. Pead.(Adamson, R.)
April 8, 2015 Filing 505 NOTICE of Intent to Issue Deposition Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Deposition Subpoena Duces Tecum on Deni Memmott) (Vartabedian, Melanie)
April 7, 2015 Filing 504 NOTICE of Kent A. Jordan's Intent to Withdraw Motion to Alter or Amend the Feb. 27, 2015 Order Approving Amended Modified Plan of Liquidation [DKT. 478] Without Response by Court-Appointed Receiver by Diane Thompson re #478 MOTION to Amend/Correct #458 Order on Motion for Miscellaneous Relief and Memorandum in Support (Gaylord, Mark)
April 3, 2015 Filing 507 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 4/3/2015, re: #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver filed by Diane Thompson, #415 MOTION for Release of Funds filed by Curtis L. DeYoung, #471 MOTION for Protective Order filed by Judson T. Pitts. At the hearing, Mr. DeYoung withdrew his Motion, docket entry #415 and Mr. Pitts withdrew his Motions, docket entries #422 and #471 . Accordingly, the court will terminate those Motions. For the reasons stated on the record at the hearing, the court GRANTS IN PART AND DENIES IN PART the Receivers Cross-Motion, docket entry #436 as follows: 1) Judson Pitts shall deliver $26,000 from his client trust account to the Receiver by nolater than Monday, April 6, 2015; and 2) The other relief requested by the Receiver is denied. An order will be entered by the court. Court Reporter: Ray Fenlon. Cnsl for SEC: Daniel Wadley, Cnsl for Receiver: Melanie Vartabedian, Tesia Stanley, Cnsl for Curtis DeYoung: R. Jeremy Adamson, Judson Pitts appears on his own behalf. (mjm)
April 3, 2015 Filing 503 TRANSCRIPT REQUEST FORM filed by Michelle DeYoung for proceedings held on N/A re #469 Notice of Appeal, (Colemere, Jeffrey)
April 3, 2015 Filing 502 REQUEST to Submit for Decision re #471 MOTION for Protective Order and Memorandum in Support (Motion Unopposed) filed by Movant Judson T. Pitts. (Pitts, Judson)
April 1, 2015 Filing 501 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena Duces Tecum on Old Republic National Title Insurance Company) (Vartabedian, Melanie)
March 31, 2015 Filing 500 ERRATA to #490 Return of Service filed by Receiver Diane Thompson . (Attachments: #1 Exhibit Signature Page of Return of Service for B & D Title Co. of Tooele)(Vartabedian, Melanie)
March 31, 2015 Filing 499 ERRATA to #489 Return of Service filed by Receiver Diane Thompson . (Attachments: #1 Exhibit Signature Page of the Return of Service for Nations Title Agency, Inc.)(Vartabedian, Melanie)
March 31, 2015 Filing 498 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Canyon View Title on 03/30/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 31, 2015 Filing 497 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Title One, Inc. on 03/30/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 496 NOTICE of Subpoena Duces Tecum to Title One, Inc. by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie)
March 30, 2015 Filing 495 NOTICE of Subpoena Duces Tecum by Diane Thompson to The Title Insurance Agency (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie)
March 30, 2015 Filing 494 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Inwest Title Services, Inc. on 03/28/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 493 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Meridian Title Company on 03/27/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 492 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Home Abstract and Title Co., Inc. on 03/27/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 491 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on First American Title, Inc. on 03/27/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 490 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on B&D Title Co. of Tooele on 03/27/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 30, 2015 Filing 489 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Nations Title Agency, Inc. on 03/27/15, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 27, 2015 Filing 488 NOTICE of Intent to Issue Subpoena Duces Tecum to Inwest Title Services, Inc. by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie)
March 27, 2015 Filing 487 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Meridian Title Company) (Vartabedian, Melanie)
March 27, 2015 Filing 486 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Bonneville Land & Title) (Vartabedian, Melanie)
March 27, 2015 Filing 485 DECLARATION of Judson T. Pitts re #413 Notice (Other) Compliance with Subpoena filed by Judson T. Pitts. (Pitts, Judson)
March 27, 2015 Filing 484 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Canyon View Title, #2 Exhibit 2-Subpoena on Canyon View Title) (Vartabedian, Melanie)
March 27, 2015 Filing 483 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoenas on Canyon View Title) (Vartabedian, Melanie)
March 26, 2015 Filing 482 NOTICE of Intent to Issue Subpoena Duces Tecum to First American Title by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum to First American Title) (Vartabedian, Melanie)
March 26, 2015 Filing 481 NOTICE of Intent to Issue Subpoena Duces Tecum to B & D Title Co by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie)
March 26, 2015 Filing 480 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoenas on Nations Title Agency, Inc.) (Vartabedian, Melanie)
March 26, 2015 Filing 479 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- Subpoenas) (Vartabedian, Melanie)
March 25, 2015 Filing 478 MOTION to Amend #458 Order on Motion to Approve Modified Plan of Liquidation and Memorandum in Support filed by Interested Party Kent A. Jordan. Motions referred to Dustin B. Pead.(las)
March 25, 2015 Filing 477 NOTICE of Intent to Issue Subpoena Decues Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Vartabedian, Melanie)
March 23, 2015 Opinion or Order Filing 476 MEMORANDUM DECISION AND ORDERdenying #452 Motion for Release of Funds. Movant is directed to proceed consistent with the court approved Plan of Liquidation. Signed by Magistrate Judge Dustin B. Pead on 3/23/2015. (las)
March 20, 2015 Filing 475 USCA Case Number Case Appealed to Tenth Case Number 15-4033 for #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung. (jmr)
March 20, 2015 Filing 474 AMENDED NOTICE OF HEARING ON MOTION re: #471 MOTION for Protective Order and Memorandum in Support , #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTION for Release of Funds : (Notice generated by LNP) Motion Hearing set for 4/3/2015 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. Please note the addition of motion #471 Motion for Protective Order. (lnp)
March 20, 2015 Filing 473 Motions No Longer Referred: #471 MOTION for Protective Order and Memorandum in Support (chambers)
March 20, 2015 Filing 472 Transmission of Preliminary Record to USCA re #469 Notice of Appeal. (Attachments: #1 Appendix)(las)
March 19, 2015 Filing 471 MOTION for Protective Order and Memorandum in Support filed by Movant Judson T. Pitts. Motions referred to Dustin B. Pead.(Pitts, Judson)
March 19, 2015 Filing 470 REPLY to Response to Motion re #452 MOTION for Release of Funds and Memorandum in Support of Motion for Release of Funds filed by Interested Party George Allen. (Winder, Donald)
March 18, 2015 Filing 469 NOTICE OF APPEAL as to #441 Order on Motion to Intervene filed by Candace DeYoung, Hailee DeYoung, Michelle DeYoung, Nicole Ihler(as guardian of minor children AI and CI), Nicole Ihler. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2228875. (Colemere, Jeffrey)
March 11, 2015 Filing 468 MEMORANDUM in Opposition re #452 MOTION for Release of Funds and Memorandum in Support of Motion for Release of Funds filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-APS Statement)(Vartabedian, Melanie)
March 9, 2015 Filing 467 MEMORANDUM in Opposition re #442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTIO filed by Receiver Diane Thompson. (Vartabedian, Melanie)
March 9, 2015 Filing 466 REPLY to Response to Motion re #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Documentation of personal loan, #2 Exhibit B - check for $18,000, #3 Exhibit C - check for $30,000, #4 Exhibit D - deposit from APS operating account, #5 Exhibit E - deposition of Judson Pitts, #6 Exhibit F - check for $3,000, #7 Exhibit G - check for additional $3,000)(Vartabedian, Melanie)
March 6, 2015 Opinion or Order Filing 465 ORDER granting #464 Motion to Expedite. The Receiver shall file any memorandum opposing George Allens original Motion and Memorandum within five (5) days of the date hereof, and Movant may file his reply memorandum within five (5) days after service of the opposing memorandum. Thereafter, the Court shall decide the matter without oral argument, unless a good cause showing has been made under the Federal Rules of Civil Procedure 7-1(f). Signed by Magistrate Judge Dustin B. Pead on 3/6/2015. (las)
March 5, 2015 Filing 464 MOTION to Expedite Determination of Motion for Release of Fund filed by Interested Party George Allen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Winder, Donald)
March 3, 2015 Filing 463 AFFIDAVIT/DECLARATION of Judson T. Pitts in Support re #442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTIO filed by Movant Judson T. Pitts. (Attachments: #1 Exhibit to Motion)(Pitts, Judson)
March 2, 2015 Filing 461 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Intervene held on February 13, 2015 before Judge Robert J. Shelby. 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. To redact additional information a Motion to Redact must be filed. 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 3/23/2015. Redacted Transcript Deadline set for 4/2/2015. Release of Transcript Restriction set for 6/1/2015. (las) Modified on 6/1/2015 by removing restricted text (las).
February 27, 2015 Opinion or Order Filing 458 ORDER granting #407 Motion to Approve Modified Plan of Liquidation. Signed by Judge Robert J. Shelby on 2/27/15 (Attachments: #1 Exhibit A- Amended Modified Plan of Liquidation, #2 Appendices A-H) (alt)
February 27, 2015 Opinion or Order Filing 457 AMENDED ORDER granting #408 Motion to Appoint Custodian/Administrator - Equity Trust appointed. Signed by Judge Robert J. Shelby on 2/27/15 (alt)
February 27, 2015 Opinion or Order Filing 456 ORDER granting #408 Motion to Appoint Custodian. Signed by Judge Robert J. Shelby on 2/27/2015. (chambers)
February 26, 2015 Filing 460 Minute Entry for proceedings held before Judge Robert J. Shelby: Show Cause Hearing held on 2/26/2015. The court received argument from counsel and copies of correspondence relating to Ms. DeYoung's communications with the Successor Trustee. On the basis of these submissions, and for the reasons stated on the record, including Ms. DeYoung's subsequent withdrawal of her earlier letter to Equity Trust, the court declines to hold Ms. DeYoung in contempt of court. Attorney for Plaintiff: Daniel Wadley, Amy Oliver, Attorney for Ms. DeYoung: Jeremy Adamson. Court Reporter: Ray Fenlon.(mjm)
February 26, 2015 Filing 455 AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Show Cause Hearing set for 2/26/2015 at 5:00 PM in Rm 7.300 before Judge Robert J. Shelby. Michelle De Young is ORDERED to appear before the court to show cause why she should not be held in contempt of court for violating several provisions of the courts Order Appointing Receiver, Freezing Assets, and Other Relief (Dkt. 9) (mjm)
February 26, 2015 Opinion or Order Filing 454 ORDER TO SHOW CAUSE. Ms. DeYoung is to show cause why she should not be held in contempt of court for violating several provisions of the court's Order appointing receiver, freezing assets, and other relief. Show Cause Hearing set for 2/27/2015 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 2/26/2015. (las)
February 26, 2015 Filing 453 NOTICE OF FILING of Correspondence received from Michelle DeYoung filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Letter to Equity Trust from Michelle DeYoung)(Gaylord, Mark)
February 25, 2015 Filing 452 MOTION for Release of Funds and Memorandum in Support of Motion for Release of Funds filed by Interested Party George Allen. (Attachments: #1 Exhibit A-Affidavit of George Allen, #2 Exhibit B-Winder & Counsel's November 5, 2014 correspondence to the Reciever) Motions referred to Dustin B. Pead.(Winder, Donald)
February 25, 2015 Filing 451 NOTICE of Appearance by Donald J. Winder on behalf of George Allen (Winder, Donald)
February 23, 2015 Filing 450 MEMORANDUM in Opposition re #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver filed by Defendant Curtis L. DeYoung. (Adamson, R.)
February 23, 2015 Filing 449 REPLY to Response to Motion re #415 MOTION for Release of Funds filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit 1)(Adamson, R.)
February 23, 2015 Filing 448 REPLY to Response to Motion re #408 MOTION to Appoint Custodian and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie)
February 23, 2015 Filing 447 ANSWER to #1 Complaint filed by Curtis L. DeYoung.(Adamson, R.)
February 19, 2015 Filing 446 NOTICE of No Objection to Judson Pitts' Request to Deposit Funds with Court by Curtis L. DeYoung re #442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTIO (Adamson, R.)
February 19, 2015 Filing 445 NOTICE of Claim on Insurance Policy by Curtis L. DeYoung (Adamson, R.)
February 18, 2015 Filing 444 NOTICE OF HEARING ON MOTION re: #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #442 MOTION To Interplead Funds and Quash Subpoena, #415 MOTION for Release of Funds : (Notice generated by Mary Jane McNamee) Motion Hearing set for 4/3/2015 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
February 18, 2015 Filing 443 Motions No Longer Referred: #442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTIO (chambers)
February 18, 2015 Filing 442 MOTION To Interplead Funds and Quash Subpoena re 439 Motions No Longer Referred, #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver , #415 MOTION for Release of Funds and Memorandum in Support filed by Movant Judson T. Pitts. (Attachments: #1 Affidavit, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Pitts, Judson)
February 17, 2015 Opinion or Order Filing 441 ORDER denying #371 Motion to Intervene. Signed by Judge Robert J. Shelby on 2/17/2015. (las)
February 17, 2015 Opinion or Order Filing 440 ORDER granting #428 Motion for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2014 Through December 31, 2014. See order for details. Signed by Judge Robert J. Shelby on 2/17/2015. (las)
February 13, 2015 Filing 459 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 2/13/2015, re: #371 MOTION to Intervene filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung. The court hears oral argument and DENIES the Motion to Intervene, for the reasons stated on the record. Attorney for Plaintiff: Daniel Wadley; Attorney for Defendant: Jeremy Adamson for Curtis DeYoung; Attorney Jeffrey Colemere for movant Michelle DeYoung; Attorney Mark Gaylord and Melanie Vartabedian for Diane Thompson, receiver. Court Reporter: Ray Fenlon.(mjm)
February 12, 2015 Filing 439 Motions No Longer Referred: #436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver (chambers)
February 10, 2015 Filing 438 NOTICE of Appearance by Amy J. Oliver on behalf of Securities and Exchange Commission (Oliver, Amy)
February 10, 2015 Filing 437 NOTICE OF HEARING ON MOTION re: #371 MOTION to Intervene. Motion Hearing set for 2/13/2015 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
February 9, 2015 Filing 436 Cross MOTION for Order Requiring Judson T. Pitts, Esq. to Surrender $50,000.00 of Curtis DeYoung's Assets to the Receiver filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 9, 2015 Filing 435 MEMORANDUM in Opposition re #415 MOTION for Release of Funds filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1-Declaration of Mark Hashimoto, #2 Exhibit 2- Deposition of Judson Pitts)(Vartabedian, Melanie)
February 6, 2015 Opinion or Order Filing 434 ORDER granting #410 Motion to Amend/Correct. THE COURT DOES HEREBY ORDER, ADJUDGE AND DECREE THAT the last paragraph of the Clarifying Order [Dkt. 79] is hereby amended to read as follows (changes emphasized):In authorizing the preceding types of transactions, the Receiver may further require that account holders maintain or reach a ratio of 10% cash to asset value following any reinvestments based on the clients account valuation as recorded on the date the Receiver took over operations of APS, April 25, 2014, and/or that account holders be permitted to make reallocation investments only after written acknowledgment and agreement of the possible requirement to liquidate some of the self-directed investments to generate cash in the future when a Court approved Plan of Liquidation is implemented.. Signed by Judge Robert J. Shelby on 2/6/2015. (las)
February 6, 2015 Opinion or Order Filing 433 ORDER granting #429 Motion to file fee application exhibit in camera. Signed by Judge Robert J. Shelby on 2/6/2015. (las)
February 6, 2015 Filing 432 Motions No Longer Referred: #429 MOTION to File Fee Application Exhibit In Camera re #428 MOTION Third Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2014 Through December 31, 2014 , #428 MOTION Third Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2014 Through December 31, 2014 (chambers)
February 5, 2015 Filing 431 MEMORANDUM in Opposition re #415 MOTION for Release of Funds filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, DeYoung Deposition, #2 Exhibit B, Balance Sheet, #3 Exhibit C, Pitts Deposition)(Wadley, Daniel)
February 5, 2015 Filing 430 Defendant's MEMORANDUM in Opposition re #408 MOTION to Appoint Custodian and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit 1)(Adamson, R.)
February 5, 2015 Filing 429 MOTION to File Fee Application Exhibit In Camera re #428 MOTION Third Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2014 Through December 31, 2014 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
February 5, 2015 Filing 428 MOTION Third Application for Interim Compensation of Receiver and Professionals for Services Rendered October 1, 2014 Through December 31, 2014 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Summary of fees and expenses incurred by the Receiver (not attached), #2 Exhibit B-Summary of fees and expenses incurred by Ballard Spahr LLP (not attached), #3 Exhibit C-Summary of fees and expenses incurred by Piercy Bowler Taylor & Kern (not attached), #4 Exhibit D-Summary of fees and expenses incurred by Richards Brandt Miller & Nelson (not attached), #5 Exhibit E-Summary of fees and expenses incurred by Orange Legal Technologies, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
January 30, 2015 Filing 425 STATUS REPORT -Third Quarterly by Diane Thompson. (Attachments: #1 Exhibit A-Order Appointing Receiver, Freezing Assets, and Other Relief, #2 Exhibit B-Amended Modified Proposed Plan of Liquidation, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements, #4 Exhibit D-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #5 Exhibit Summary of the Operating Cash Receipts and Disbursements of APS 401(k) Account, #6 Exhibit F-List of Receivership Assets and its actual or estimated value, #7 Exhibit G-Schedule of Assets of APS Clients, #8 Exhibit H-List of known creditors)(Vartabedian, Melanie)
January 30, 2015 Filing 424 NOTICE of Appearance by R. Jeremy Adamson on behalf of Curtis L. DeYoung (Adamson, R.)
January 30, 2015 Filing 423 NOTICE of Appearance by Nien-Ping Wang on behalf of Curtis L. DeYoung (Wang, Nien-Ping)
January 29, 2015 Opinion or Order Filing 422 MEMORANDUM DECISION and ORDER denying #376 Motion to Quash. Signed by Magistrate Judge Dustin B. Pead on 01/29/2015. (tls)
January 28, 2015 Filing 427 AFFIDAVIT/DECLARATION of Curtis L. DeYoung in Opposition re #376 MOTION to Quash Subpoena Duces Tecum of Defendant Curtis L. DeYoung and Memorandum in Support of Motion and Memorandum in Support filed by Defendant Curtis L. DeYoung. (las)
January 28, 2015 Filing 426 REPLY to Response to Motion re #376 MOTION to Quash Subpoena Duces Tecum of Defendant Curtis L. DeYoung and Memorandum in Support of Motion and Memorandum in Support filed by Defendant Curtis L. DeYoung. (las)
January 28, 2015 Filing 421 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Judson Pitts on 1/21/2015, filed by Receiver Diane Thompson. (Gaylord, Mark)
January 23, 2015 Filing 420 REPLY to Response to Motion re #371 MOTION to Intervene and Memorandum in Support filed by Movants Candace DeYoung, Hailee DeYoung, Michelle DeYoung, Nicole Ihler, Nicole Ihler. (Attachments: #1 Exhibit 1-4 to Reply to Receiver's Opp. to Mtn to Intervene By Michelle DeYoung, et al.)(Colemere, Jeffrey)
January 23, 2015 Filing 419 REPLY to Response to Motion re #376 MOTION to Quash Subpoena Duces Tecum of Defendant Curtis L. DeYoung and Memorandum in Support of Motion and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie)
January 22, 2015 Opinion or Order Filing 418 ORDER granting #414 Motion for Extension of Time To File Movants' Reply to Receiver's Opposition to Motion to Intervene by Michelle DeYoung, et al. It is Hereby Ordered Movants Reply to Receivers Opposition to Motion to Intervene by Michelle DeYoung, et al. shall be due January 23, 2015. Signed by Judge Robert J. Shelby on 1/22/2015. (las)
January 22, 2015 Filing 417 Motions No Longer Referred: #408 MOTION to Appoint Custodian and Memorandum in Support , #407 MOTION Enter Order Approving Amended Modified Plan of Liquidation and Memorandum in Support , #414 Stipulated MOTION for Extension of Time To File Movant's Reply to Receiver's Opposition to Motion to Intervene By Michelle DeYoung, et al. , #410 MOTION to Amend/Correct #79 Order on Motion for Miscellaneous Relief and Memorandum in Support , #415 MOTION for Release of Funds (chambers)
January 21, 2015 Filing 416 AFFIDAVIT of Curtis L. DeYoung re #415 MOTION for Release of Funds. (las)
January 21, 2015 Filing 415 MOTION for Release of Funds filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(las)
January 21, 2015 Filing 414 Stipulated MOTION for Extension of Time To File Movant's Reply to Receiver's Opposition to Motion to Intervene By Michelle DeYoung, et al. filed by Movants Candace DeYoung, Hailee DeYoung, Michelle DeYoung, Nicole Ihler, Nicole Ihler. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Colemere, Jeffrey)
January 21, 2015 Filing 413 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena) (Vartabedian, Melanie)
January 20, 2015 Opinion or Order Filing 412 MEMORANDUM DECISION AND ORDER denying #362 Motion to Intervene. Signed by Magistrate Judge Dustin B. Pead on 1/20/2015. (las)
January 16, 2015 Filing 411 Motions No Longer Referred: #410 MOTION to Amend/Correct #79 Order on Motion for Miscellaneous Relief and Memorandum in Support (mjm)
January 16, 2015 Filing 410 MOTION to Amend/Correct #79 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Text of Proposed Amended Clarifying Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
January 16, 2015 Filing 409 Motions No Longer Referred: #408 MOTION to Appoint Custodian and Memorandum in Support , #407 MOTION Enter Order Approving Amended Modified Plan of Liquidation and Memorandum in Support (mjm)
January 16, 2015 Filing 408 MOTION to Appoint Custodian and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Equity Trust Company Executive Summary and Capabilities Assessment) Motions referred to Dustin B. Pead.(Gaylord, Mark)
January 16, 2015 Filing 407 MOTION Enter Order Approving Amended Modified Plan of Liquidation and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Amended Modified Plan of Liquidation, #2 Exhibit Redline of Modified Plans of Liquidation) Motions referred to Dustin B. Pead.(Gaylord, Mark)
January 15, 2015 Opinion or Order Filing 406 DOCKET TEXT ORDER denying as moot #402 Motion for Leave to File Excess Pages. The court's order granting #401 appears to provide the same relief requested by the Receiver. Signed by Judge Robert J. Shelby on 1/15/2015. No attached document. (chambers)
January 15, 2015 Opinion or Order Filing 405 ORDER granting #401 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 1/15/2015. (chambers)
January 15, 2015 Filing 404 Motions No Longer Referred: #402 MOTION for Leave to File Excess Pages , #401 MOTION for Leave to File Excess Pages (chambers)
January 14, 2015 Filing 403 MEMORANDUM in Opposition re #371 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1 - deposition of Ricky Dean Memmott (selective pages), #2 Exhibit 2 - Copy of Docket in Case No. 144906613, #3 Exhibit 3 - Declaration of James P. Allfrey dated Dec 15 2014, #4 Exhibit 4 - Declaration of Mark Hashimoto dated Dec 16 2014, #5 Exhibit 5 - Westlaw SEC v. Novus)(Vartabedian, Melanie)
January 14, 2015 Filing 402 MOTION for Leave to File Excess Pages filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
January 14, 2015 Filing 401 MOTION for Leave to File Excess Pages filed by Receiver Diane Thompson. Motions referred to Dustin B. Pead.(Vartabedian, Melanie)
January 13, 2015 Opinion or Order Filing 399 ORDER re 398 Motion Hearing. Follows oral order of 1/9/2015. Mr. DeYoungs Motion to Enforce a Settlement Agreement (Dkt. 378) is DENIED without prejudice.Mr. DeYoungs Third Motion to Release Funds for Payment of Attorney Fees and Supplemental Related Motions (Dkts. 313, 339, and 378) are DENIED. The Motion for Withdrawal of Counsel filed by Mr. DeYoungs attorneys (Dkt. 353) is GRANTED. No later than February 9, 2015, Mr. DeYoung must either enter a pro se appearance on his own behalf or have new counsel enter an appearance on his behalf. Mr. DeYoung shall respond to the Complaint filed in this matter no later than February 23, 2015. Signed by Judge Robert J. Shelby on 1/9/2015. (las)
January 12, 2015 Filing 400 ANSWER to #1 Complaint filed by Curtis L. DeYoung.(las)
January 12, 2015 Filing 397 REPLY to Response to Motion re #362 MOTION to Intervene and Memorandum in Support filed by Movants Cecilia Bustos, Maria L. Bustos, William A. Bustos, Howard Combs, Meghan Combs, Arlon W. Elmer, Cindy J. Elmer, Patricia A. Firth, John Richard Hauley, Ellen Kessi, James R. Kessi, Kelli S. Thomas. (Howe, Craig)
January 12, 2015 Opinion or Order Filing 396 ORDER granting #395 Motion for Extension of Time to File Response/Reply re #371 MOTION to Intervene and Memorandum in Support Responses due by 1/14/2015. Signed by Magistrate Judge Dustin B. Pead on 1/12/2015. (las)
January 9, 2015 Filing 398 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 1/9/2015 re: #353 MOTION to Withdraw as Attorney filed by Curtis L. DeYoung, #313 Third MOTION for Attorney Fees filed by Curtis L. DeYoung, #378 MOTION for Attorney Fees (Second Supplement to Third Motion) filed by Curtis L. DeYoung. The court hears oral argument and rules as follows. Mr. DeYoungs Motion to Enforce a Settlement Agreement, docket entry #378 is DENIED without prejudice. Mr. DeYoungs Third Motion to Release Funds for Payment of Attorney Fees and Supplemental Related Motions, docket entries #313 , #339 , and #378 are DENIED.The Motion for Withdrawal of Counsel filed by Mr. DeYoungs attorneys, docket entry #353 is GRANTED. No later than February 9, 2015, Mr. DeYoung must either enter a pro se appearance on his own behalf or have new counsel enter an appearance on his behalf. Mr. DeYoung shall respond to the Complaint filed in this matter no later than February 23, 2015. The court will enter an order. Attorney for Plaintiff: Daniel Wadley, Cheryl Mori, Attorney for Defendant: Paul Moxley, Joshua Chandler. Attorney for Receiver: Mark Gaylord, Melanie Vartabedian. Court Reporter: Ray Fenlon.(mjm)
January 9, 2015 Filing 395 Stipulated MOTION for Extension of Time to File Response/Reply as to #371 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order proposed order) Motions referred to Dustin B. Pead.(Stanley, Tesia)
January 9, 2015 Opinion or Order Filing 394 MEMORANDUM DECISION AND ORDER denying #251 Motion to Intervene. Signed by Magistrate Judge Dustin B. Pead on 1/9/2015. (las)
January 7, 2015 Filing 392 MEMORANDUM in Opposition re #378 MOTION for Attorney Fees and Memorandum in Support (Second Supplement to Third Motion) filed by Receiver Diane Thompson. (Vartabedian, Melanie)
January 6, 2015 Filing 390 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Receiver's Proposed Liquidation Plan held on December 17, 2014 before Judge Robert J. Shelby. 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. To redact additional information a Motion to Redact must be filed. 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 1/27/2015. Redacted Transcript Deadline set for 2/6/2015. Release of Transcript Restriction set for 4/6/2015. (las) Modified on 4/6/2015 by removing restricted text(las).
January 6, 2015 Filing 389 MEMORANDUM in Opposition re #376 MOTION to Quash Subpoena Duces Tecum of Defendant Curtis L. DeYoung and Memorandum in Support of Motion and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
January 5, 2015 Filing 388 DECLARATION of Dr. Gregory Litton filed by Michael D. Memmott, Jr. (Bagley, John)
January 5, 2015 Filing 387 REPLY to Response to Motion re #377 MOTION to Vacate #374 Findings of Fact & Conclusions of Law, Order,, and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
January 2, 2015 Opinion or Order Filing 386 ORDER granting #384 Motion for Extension of Time to File Response/Reply re #371 MOTION to Intervene and Memorandum in Support Responses due by 1/9/2015. Signed by Judge Robert J. Shelby on 1/2/2015. (chambers)
January 2, 2015 Filing 385 Motions No Longer Referred: #384 Stipulated MOTION for Extension of Time to File Response/Reply as to #371 MOTION to Intervene and Memorandum in Support (chambers)
January 2, 2015 Filing 384 Stipulated MOTION for Extension of Time to File Response/Reply as to #371 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Stanley, Tesia)
December 29, 2014 Filing 383 NOTICE OF HEARING ON MOTION re: #313 Third MOTION for Attorney Fees , #339 Supplemental MOTION for Release of Funds DeYoung's Third Motion for Payment of Attorney Fees, #353 MOTION to Withdraw as Attorney , #377 MOTION to Vacate #374 Findings of Fact & Conclusions of Law, Order , #378 MOTION for Attorney Fees (Second Supplement to Third Motion), : (Notice generated by Mary Jane McNamee) Motion Hearing set for 1/9/2015 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. DeYoung's reply in support of docket entry #377 , if any, shall be filed by end of day, 1/6/2015. (mjm)
December 26, 2014 Opinion or Order Filing 382 ORDER granting #330 Motion for Approval of Second Application for Interim Compensation. Signed by Judge Robert J. Shelby on 12/26/2014. (chambers)
December 26, 2014 Filing 381 Motions No Longer Referred: #378 MOTION for Attorney Fees and Memorandum in Support (Second Supplement to Third Motion) (chambers)
December 24, 2014 Filing 380 MEMORANDUM in Opposition re #377 MOTION to Vacate #374 Findings of Fact & Conclusions of Law, Order,, and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
December 24, 2014 Filing 379 MEMORANDUM in Opposition re #362 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit SEC v. Novus Case Law)(Gaylord, Mark)
December 23, 2014 Filing 378 MOTION for Attorney Fees and Memorandum in Support (Second Supplement to Third Motion) filed by Defendant Curtis L. DeYoung. (Attachments: #1 Affidavit Declaration of Paul T. Moxley in Support of Second Supplement to DeYoung's Third Motion to Release Funds for Payment of Attorney Fees) Motions referred to Dustin B. Pead.(Moxley, Paul)
December 23, 2014 Filing 377 MOTION to Vacate #374 Findings of Fact & Conclusions of Law, Order,, and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit Consent of Curtis L. DeYoung to Entry of Final Judgment, #2 Exhibit Offer of Settlement of Curtis L. DeYoung)(Moxley, Paul)
December 22, 2014 Filing 376 MOTION to Quash Subpoena Duces Tecum of Defendant Curtis L. DeYoung and Memorandum in Support of Motion and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Subpoena Duces Tecum) Motions referred to Dustin B. Pead.(Gaylord, Mark)
December 19, 2014 Filing 375 NOTICE of Appearance by Jeffrey D. Steed on behalf of Joseph Cornwell, Kathryn Holmberg, Ted Holmberg, Trent Holmberg, Martin Malmrose, Joseph Van Den Berghe (Steed, Jeffrey)
December 17, 2014 Filing 393 Minute Entry for proceedings held before Judge Robert J. Shelby: Miscellaneous Hearing held on 12/17/2014. The court addresses various matters with cnsl. The court has received a Motion to Intervene filed by Candace DeYoung, Hailee DeYoung, Michelle DeYoung and Nicole Ihler, docket entry #371 , which will be heard when the matter is fully briefed. Docket entry #251 Motion to Intervene filed by Kim Wilson and docket entry #362 Motion to Intervene filed by Cecilia Bustos and others, have been referred to Magistrate Judge Dustin Pead and will be decided by Judge Pead. The Receiver has filed her second application for interim compensation. Mr. Daniel Wadley answers questions posed by the court re: the application. The court will issue an order in due course. Mr. Curtis DeYoung has several pending motions: #313 Third Motion for Attorney Fees, [339} Supplemental Motion for Release of Funds, DeYoung's Third Motion for Payment of Attorney Fees, and #353 Motion to Withdraw as Attorney. The court will review and address these motions, at a later date. The court addresses the Receiver's proposed amended liquidation plan. The court invites comments from interested parties, related to the plan. Mr. Gaylord, on behalf of the Receiver will submit a second amended proposed liquidation plan, for the court to consider. Mr. Gaylord gives the court a summary of events with regard to settlement discussions with Mr. Moxley and Mr. DeYoung. Attorney for Plaintiff: Dan Wadley, Paul Feindt, Cheryl Mori; Attorney for Defendant: Paul Moxley, Joshua Chandler; Attorney for Receiver: Mark Gaylord, Melanie Vartabedian; Attorney for Movant Kip Paul: David Leta; Attorney for Movant Kim Wilson: Kim Wilson; Attorney for First Utah Bank: Gary Doctorman. Court Reporter: Ray Fenlon.(mjm)
December 16, 2014 Opinion or Order Filing 374 FINDINGS OF FACT AND CONCLUSIONS OF LAW granting #38 MOTION for Preliminary Injunction, denying #66 MOTION to Dissolve Temporary Restraining Order/Order Appointing Receiver (follows 167 oral order of 7/23/14). Signed by Judge Robert J. Shelby on 12/15/14 (alt)
December 16, 2014 Filing 373 Supplemental RESPONSE re #356 Memorandum (NOT to motion),,and, OBJECTIONS to Receiver's Proposed Plan of Liquidation filed by Kim R. Wilson. (Wilson, Kim)
December 16, 2014 Filing 372 Motions No Longer Referred: #371 MOTION to Intervene and Memorandum in Support (chambers)
December 16, 2014 Filing 371 MOTION to Intervene and Memorandum in Support filed by Movants Candace DeYoung, Hailee DeYoung, Michelle DeYoung, Nicole Ihler, Nicole Ihler. (Attachments: #1 Exhibit 1-Proposed Complaint in Intervention, #2 Exhibit 2-Declaration of Michelle DeYoung, #3 Exhibit 3-Declaration of Nicole Ihler, #4 Exhibit 4-Declaration of Candace DeYoung, #5 Exhibit 5-Declaration of Hailee DeYoung) Motions referred to Dustin B. Pead. Attorney Jeffrey Thomas Colemere added to party Candace DeYoung(pty:mov), Attorney Jeffrey Thomas Colemere added to party Hailee DeYoung(pty:mov), Attorney Jeffrey Thomas Colemere added to party Michelle DeYoung(pty:mov), Attorney Jeffrey Thomas Colemere added to party Nicole Ihler(pty:mov), Attorney Jeffrey Thomas Colemere added to party Nicole Ihler(pty:mov)(Colemere, Jeffrey)
December 12, 2014 Filing 370 NOTICE of Appearance by Gary E. Doctorman on behalf of First Utah Bank (Doctorman, Gary)
December 11, 2014 Opinion or Order Filing 367 AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Re: Hearing on the Proposed Plan of Liquidation Hearing RESET for 12/17/2014 at 9:30 AM in Rm 7.300, per docket entry #361 ORDER granting #359 Motion to Continue Hearing on Receiver's Proposed Plan of Liquidation to December 17, 2014 at 9:30 a.m. Signed by Judge Robert J. Shelby on 12/8/2014. Please Note: The Receiver is directed to provide adequate notice to APS investors and interested parties of the new hearing date and time. (mjm)
December 10, 2014 Filing 364 Motions No Longer Referred: #353 MOTION to Withdraw as Attorney and Memorandum in Support , #363 SEALED MOTION to Amend/Clarify #9 Order Appointing Receiver, #360 MOTION Receiver's Proposed Modified Plan of Liquidation re: #186 Proposed Plan of Liquidation (Not a Motion) (mjm)
December 9, 2014 Filing 363 Ex Parte SEALED MOTION to Amend/Clarify #9 Order Appointing Receiver and Memorandum in Support filed by Receiver Diane Thompson. Motion referred to Dustin B. Pead (alt) Modified on 12/11/2014 unsealing motion (las).
December 9, 2014 Filing 362 MOTION to Intervene and Memorandum in Support filed by Movants Cecilia Bustos, Maria L. Bustos, William A. Bustos, Howard Combs, Meghan Combs, Arlon W. Elmer, Cindy J. Elmer, Patricia A. Firth, John Richard Hauley, Ellen Kessi, James R. Kessi, Kelli S. Thomas. (Attachments: #1 Exhibit A - Objection to Plan of Liquidation, #2 Exhibit B - Email Confirming Receiver's Receipt of Objection) Motions referred to Dustin B. Pead.(Howe, Craig)
December 8, 2014 Filing 368 Minute Entry for proceedings held before Judge Robert J. Shelby: SEALED, ex parte, emergency hearing held on 12/08/2014 the Receiver's Emergency Motion to File Under Seal an Ex Parte Motion and Memorandum for a Bar Order. Court hears from Mark Gaylord, Gary Doctorman, and Cheryl Mori. Court denies Receiver's Motion to File Motion for Bar Order. Receiver will promptly file a SEALED Motion to File under Seal a Motion for Clarification of #9 and a will also file under SEAL the Motion for Clarification. Attorney for Plaintiff: Cheryl Mori, Attorney for Receiver: Mark Gaylord. Court Reporter: Ray Fenlon.(mjm)
December 8, 2014 Filing 365 REPLY to Response to Motion re #360 MOTION Receiver's Proposed Modified Plan of Liquidation re #186 Proposed Plan of Liquidation (Not a Motion) filed by Interested Party Kent A. Jordan. (las)
December 8, 2014 Set/Reset Hearings: Miscellaneous Hearing reset for 12/17/2014 at 09:30 AM in Rm 7.300 per #361 Order to Continue. Court Address: 351 South West Temple, Salt Lake City, Utah(jwt)
December 8, 2014 Opinion or Order Filing 361 ORDER granting #359 Motion to Continue Hearing on Receiver's Proposed Plan of Liquidation to December 17, 2014. Signed by Judge Robert J. Shelby on 12/8/2014. (jwt)
December 5, 2014 Filing 360 MOTION Receiver's Proposed Modified Plan of Liquidation re #186 Proposed Plan of Liquidation (Not a Motion) filed by Receiver Diane Thompson. Motions referred to Dustin B. Pead.(Gaylord, Mark)
December 5, 2014 Filing 359 Stipulated MOTION to Continue Hearing on Receiver's Proposed Plan of Liquidation to December 17, 2014 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
December 5, 2014 Filing 358 MEMORANDUM in Opposition re #339 Supplemental MOTION for Release of Funds and Memorandum in Support DeYoung's Third Motion for Payment of Attorney Fees filed by Receiver Diane Thompson. (Vartabedian, Melanie)
December 4, 2014 Opinion or Order Filing 357 ORDER granting #332 Motion to file fee application exhibits in camera. Signed by Judge Robert J. Shelby on 12/4/2014. (las)
December 3, 2014 Filing 356 MEMORANDUM re #316 Notice (Other) (Receiver's Memorandum in Response to APS Client Responses and Objections to Proposed Plan of Liquidation) filed by Diane Thompson. (Attachments: #1 Exhibit 1-Index of Responses to Proposed Plan of Liquidation, #2 Exhibit 2-Declaration of Mark Hashimoto, #3 Exhibit 3-Fair Market Valuation Form)(Gaylord, Mark)
December 3, 2014 Filing 355 THIRD AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee)re: Hearing on the Proposed Plan of Liquidation Hearing RESET for 12/15/2014 AT 9:30 AM in Rm 7.300. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. PLEASE NOTE: HEARING DATE HAS BEEN MOVED TO 12/15/2014 at 9:30 a.m. (mjm)
December 1, 2014 Filing 354 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Cabo Paradise Development, Inc. on 11/25/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
November 26, 2014 Filing 353 MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Moxley, Paul)
November 26, 2014 Filing 352 MEMORANDUM in Support re #313 Third MOTION for Attorney Fees and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
November 26, 2014 Opinion or Order Filing 351 ORDER granting #347 Motion for Leave to File a Civil Action Against Curtis and Michelle DeYoung. Signed by Judge Robert J. Shelby on 11/25/2014. (las)
November 25, 2014 Opinion or Order Filing 350 ORDER granting #349 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 11/25/2014. (chambers)
November 25, 2014 Filing 349 Stipulated MOTION for Extension of Time to Submit Response to Comments of Clients and Creditors to Proposed Plan of Liquidation and to Submit Amended Plan of Liquidation and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 24, 2014 Filing 348 Motions No Longer Referred: #339 Supplemental MOTION for Release of Funds and Memorandum in Support DeYoung's Third Motion for Payment of Attorney Fees, #347 Ex Parte (Not Sealed) MOTION for Leave to File a Civil Action Against Curtis and Michelle DeYoung and Memorandum in Support (chambers)
November 21, 2014 Filing 347 Ex Parte (Not Sealed) MOTION for Leave to File a Civil Action Against Curtis and Michelle DeYoung and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1-Complaint) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 21, 2014 Filing 346 REPLY to Response to Motion re #251 MOTION to Intervene and Memorandum in Support and Correction of the Record filed by Movant Kim R. Wilson. (Wilson, Kim)
November 21, 2014 Filing 345 CERTIFICATE OF SERVICE by Diane Thompson Subpoena to Testify at a Deposition in a Civil Action served on Dale Henderson (Vartabedian, Melanie)
November 19, 2014 Filing 344 CERTIFICATE OF SERVICE by Michael D. Memmott, Sr re #312 Order on Motion to Compel,,, Memorandum Decision,,, Set Deadlines/Hearings,, (Christiansen, Stephen)
November 19, 2014 Filing 343 NOTICE of Appearance by Stephen K. Christiansen on behalf of Michael D. Memmott, Sr (Christiansen, Stephen)
November 19, 2014 Filing 342 SECOND AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee)re: Hearing on the Proposed Plan of Liquidation Hearing RESET set for 12/8/2014 at 9:30 AM in Rm 7.300. THE COURT HAS RESET THE HEARING FOR 12/8/2014 AT 9:30 A.M. (mjm)
November 19, 2014 Filing 341 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Pershing LLC on 11/18/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
November 19, 2014 Filing 340 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises served on Merrill Lynch, Pierce, Fenner & Smith Incorporated on 11/18/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
November 18, 2014 Filing 339 Supplemental MOTION for Release of Funds and Memorandum in Support DeYoung's Third Motion for Payment of Attorney Fees filed by Defendant Curtis L. DeYoung. (Attachments: #1 Affidavit Declaration of Paul T. Moxley in Support of Supplement to DeYoung's Third Motion to Release Funds for Paymentof Attorney Fees) Motions referred to Dustin B. Pead.(Moxley, Paul)
November 17, 2014 Filing 338 MEMORANDUM in Opposition re #313 Third MOTION for Attorney Fees and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark)
November 17, 2014 Filing 337 MEMORANDUM in Opposition re #313 Third MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
November 17, 2014 Filing 336 AMENDED NOTICE OF MISCELLANEOUS HEARING: (Notice generated by Mary Jane McNamee)re: Hearing on the Proposed Plan of Liquidation Hearing RESET for 12/11/2014 at 10:00 AM in Rm 7.300. (mjm)
November 17, 2014 Opinion or Order Filing 335 ORDER granting #334 Motion for Extension of Time to File Response. The Receiver shall have until November 26, 2014 to submit her response to comments received to Proposed Plan of Liquidation and to submit a modified Plan of Liquidation, if any. Signed by Magistrate Judge Dustin B. Pead on 11/17/2014. (las)
November 14, 2014 Filing 334 MOTION for Extension of Time to File Response/Reply as to #221 Order, Set Hearings,, filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 14, 2014 Filing 333 Motions No Longer Referred: #332 MOTION to File Fee Application Exhibits In Camera (chambers)
November 14, 2014 Filing 332 MOTION to File Fee Application Exhibits In Camera filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 14, 2014 Filing 331 Motions No Longer Referred: #330 MOTION Second Fee Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2014 Through September 30, 2014 (chambers)
November 14, 2014 Filing 330 MOTION Second Fee Application for Interim Compensation of Receiver and Professionals for Services Rendered July 1, 2014 Through September 30, 2014 filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
November 12, 2014 Filing 329 Motions No Longer Referred: #313 Third MOTION for Attorney Fees and Memorandum in Support (chambers)
November 7, 2014 Filing 328 Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 11/7/2014, re: #326 Objection to Magistrate Judge's Decision. The court hears from cnsl. Cnsl for DeYoung failed to establish an atty-client relationship so as to require striking the deposition. The court does not delay Mr. Becker's deposition and it shall go forward. If there are questions to Mr. Becker for which a privilege exists that justifies an objection, create a record and it will be evaluated. The Objection to Magistrate Judge's Ruling is over-ruled. Attorney for Plaintiff: Daniel Wadley, Cheryl Mori, Attorney for Defendant: Paul Moxley, Joshua Chandler, Receiver: Mark Gaylord, Tesis Stanley; Deponent; Dean Becker. Court Reporter: Ray Fenlon (mjm)
November 7, 2014 Filing 326 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Curtis L. DeYoung re #318 MOTION for Protective Order and Memorandum in Support (Moxley, Paul)
November 6, 2014 Filing 327 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Telephone Conference held on 11/6/2014. Defendant Curtis DeYoungs Motion For Protective is denied [doc. 318]. Defendant DeYoungs Motion To Stay denied. The Court concludes that Judge Shelby previously ruled on the issue of attorney client privilege and Defendant has not persuaded the court that Judge Shelby intended to limit his ruling to specific communications. Attorney for Plaintiff: Daniel J. Wadley; Mark R. Gaylord; Melanie J. Vartabedian;, Attorney for Defendant: Joshua D. Chandler and Thomas J. Burns. Court Reporter: Electronic. (Time Start: 4:02:51, Time End: 4:35:50, Room 7.100). (tls)
November 6, 2014 Filing 325 MEMORANDUM in Opposition re #251 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Voucher, #2 Exhibit Correspondence)(Vartabedian, Melanie)
November 6, 2014 Filing 324 MEMORANDUM in Opposition re #318 MOTION for Protective Order and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark)
November 6, 2014 Filing 323 NOTICE of Withdrawal of Objection to Receiver's Proposed Plan of Liquidation by James Stava re #248 Objections (Hofmann, George)
November 6, 2014 Filing 322 NOTICE OF TELEPHONIC HEARING ON MOTION re: #318 MOTION for Protective Order and Memorandum in Support . Telephonic hearing set for 11/6/2014 at 4:00 p.m. in Rm 7.100 before Magistrate Judge Dustin B. Pead. Instructions on appearing telephonically shall be sent to the parties via email. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (amn)
November 6, 2014 Filing 321 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Rick Memmott on 11/05/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
November 6, 2014 Filing 320 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition served on Dean Becker on 10/29/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
November 6, 2014 Filing 319 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition served on Rick Memmott on 10/29/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
November 5, 2014 Filing 318 MOTION for Protective Order and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit A - Declaration of Curtis L. DeYoung in Support of Motion for Protective Order, #2 Exhibit B - Declaration of Dean Becker) Motions referred to Dustin B. Pead.(Moxley, Paul)
November 4, 2014 Filing 317 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Telephone Conference held on 11/4/2014. Mark R. Gaylord and Melanie Vartabedian present in court on behalf of the Receiver, and attorney John P. Bagley appeared telephonically on behalf of Mr. Michael Memmott Jr. and Mr. Michael Memmott Sr. The Court requested that the parties meet and confer regarding a date to take Mr. Memmott Jr.s deposition and ordered that such deposition be conducted no later than December 11, 2014. The Receiver indicated that she would be willing to take the deposition at Mr. Memmott Jr.s home if his health necessitated such an accommodation. Attorney for Plaintiff: Mark R. Gaylord and Melanie Vartabedian, Attorney for Defendant: John P. Bagley. Court Reporter: electronic.(Time Start: 1:30:48 pm, Time End: 1:49:53 pm, Room 8.400.) (ksm)
November 4, 2014 Filing 316 NOTICE of Summary of Responses to Receiver's Proposed Plan of Liquidation by Diane Thompson (Attachments: #1 Exhibit Category Key for Responses to Proposed Plan of Liquidation) (Vartabedian, Melanie)
November 4, 2014 Filing 315 NOTICE of Filing Responses to Proposed Plan of Liquidation and Category Designation Spreadsheet of Client Responses In Camera by Diane Thompson (Vartabedian, Melanie)
October 31, 2014 Filing 314 NOTICE of Appearance by Tesia N. Stanley on behalf of Diane Thompson (Stanley, Tesia)
October 31, 2014 Filing 313 Third MOTION for Attorney Fees and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Affidavit Declaration of Paul T. Moxley in Support of Third Motion to Release Funds for Paymentof Attorney Fees) Motions referred to Dustin B. Pead.(Moxley, Paul)
October 31, 2014 Opinion or Order Filing 312 MEMORANDUM DECISION and Order- granting in part and denying in part #197 Motion to Compel;To the extent that the Memmotts assert they have fully complied with the Receivers subpoenas and have no additional responsive information, they are EACH ORDERED to file an affidavit with the court attesting thereto as to each specific request by November 14, 2014. The Receivers request for an order to show cause as to Memmott Jr. is denied. The Receivers request for attorney fees is denied. ( Telephone Conference set for 11/4/2014 01:30 PM). Signed by Magistrate Judge Dustin B. Pead on 10/31/14. (jmr)
October 30, 2014 Filing 311 STATUS REPORT (Second Quarterly) by Diane Thompson. (Attachments: #1 Exhibit A-Order Appointing Receiver, Freezing Assets, and Other Relief, #2 Exhibit B-Receivers Proposed Plan of Liquidation, #3 Exhibit C-Summary of the Operating Cash Receipts and Disbursements of APS, #4 Exhibit D-Summary of the Operating Cash Receipts and Disbursements of the APS Master Trust Account, #5 Exhibit E-Summary of the Operating Cash Receipts and Disbursements of APS 401(k) Account, #6 Exhibit F-List of Receivership Assets, #7 Exhibit G-Schedule of Assets of APS Clients, #8 Exhibit H-List of known creditors, their addresses, and the amounts of their claims)(Gaylord, Mark)
October 29, 2014 Filing 310 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Wideye Investments, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 309 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Undisputed Fight Championship Series, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 308 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on The Ultimate Combat, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 307 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on The Learning Experience Company on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 306 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Standing on Your Own, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 305 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on SM Pool 1, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 304 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Short Sale Only, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 303 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Sawtell Capital, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 302 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Rocky Mountain Mixed Martial Arts Championship, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 301 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Prime Utah, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 300 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Prime Long Distance Service, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 299 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Pinnacle International, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 298 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on MM Growth and Investments, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 297 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Learnframe Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 296 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Innovative Services, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 295 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Innovative Legal & Debt Services, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 294 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Innovative Equity Partners, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 293 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Fourmat Corporation on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 292 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Doppelmayr USA, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 291 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Doppelmayr Cable Car America, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 290 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Credit Health Pros Utah, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 289 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Courseware, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 288 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Coders Consulting, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 287 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Capital Financial Funding, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 286 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on Call-Rite Systems, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 285 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Document, Information or Objects served on C&M Telecommunications on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 284 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpeona to Produce Document, Information or Objects served on Amtel Corporation on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 283 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpeona to Produce Document, Information or Objects served on American Eagle Investment Group, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 282 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpeona to Produce Document, Information or Objects served on Advanced Partners Investment, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 29, 2014 Filing 281 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpeona to Produce Document, Information or Objects served on 39th Street Medical, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 280 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Undisputed Fight Championship Series, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 279 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on The Learning Experience Company on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 278 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on SM Pool 1, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 277 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Short Sale Only, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 276 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Rocky Mountain Mixed Martial Arts Championship, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 275 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Prime Long Distance Service, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 274 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Pinnacle Software Corporation on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 273 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Pinnacle International, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 272 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Learnframe Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 271 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Learn Frame Technology Campus, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 270 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Innovative Legal & Debt Services, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 269 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Innovative Equity Partners, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 268 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Front Line Services, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 267 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Fourmat Corporation on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 266 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Doppelmayr USA, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 265 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Doppelmayr Cable Car America, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 264 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Credit Health Pros Utah, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 263 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Call-Rite Systems, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 262 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on C&M Telecommunications on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 261 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on Amtel Corporation on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 260 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on American Eagle Investment Group, Inc. on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 28, 2014 Filing 259 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal re: Subpoena to Produce Documents, Information, or Objects served on 39th Street Medical, LLC on 10/27/14, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 24, 2014 Filing 257 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Diane Thompson as to Michael D. Memmott, Jr served on 10/21/2014, answer due 11/12/2014. (Vartabedian, Melanie)
October 23, 2014 Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on September 12, 2014 before Judge Robert J. Shelby. 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 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015. (las) Modified on 1/21/2015 by removing restricted text(las).
October 21, 2014 Opinion or Order Filing 255 ORDER granting #117 Motion for Clarification; denying as moot #144 Motion to Intervene. Signed by Judge Robert J. Shelby on 10/21/2014. (chambers)
October 21, 2014 Filing 254 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Bank of Utah on 10/14/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 21, 2014 Filing 253 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents served on America First Federal Credit Union on 10/14/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 21, 2014 Filing 252 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents served on JP Morgan Chase Bank, N.A. on Personal, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 20, 2014 Filing 258 DOCUMENTS LODGED consisting of Correspondence from Charles Archer. (tls)
October 20, 2014 Filing 251 MOTION to Intervene and Memorandum in Support filed by Interested Party Kim R. Wilson. Motions referred to Dustin B. Pead.(Wilson, Kim)
October 20, 2014 Filing 250 OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by Kim R. Wilson. (Wilson, Kim)
October 20, 2014 Filing 249 NOTICE of Appearance by Kim R. Wilson on behalf of Kim R. Wilson (Wilson, Kim)
October 20, 2014 Filing 248 OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by James Stava. (Hofmann, George)
October 20, 2014 Filing 247 MEMORANDUM in Opposition re #186 Proposed Plan of Liquidation (Not a Motion) filed by Interested Party Mark J. Gregersen. (Gregersen, Mark)
October 20, 2014 Filing 246 NOTICE of Appearance by Mark J. Gregersen on behalf of Mark J. Gregersen (Gregersen, Mark)
October 16, 2014 Filing 244 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Susan J. Siebel, Sr. Mng. Counsel, Bank of New York Mellon Corporation on 10/15/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 16, 2014 Filing 243 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Deutsche Bank, AG on 10/15/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 14, 2014 Filing 245 Pro Se OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by Kent A. Jordan (alt)
October 14, 2014 Filing 241 Motions No Longer Referred: 240 SEALED EX PARTE MOTION and Memorandum in Support (chambers)
October 13, 2014 Filing 239 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at Deposition served on Tammie Hill on 10/11/2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 13, 2014 Filing 238 NOTICE of of Intent to Issue Subpoena Duces Tecum on Citigroup Inc. by Diane Thompson (Gaylord, Mark)
October 13, 2014 Filing 237 NOTICE of of Intent to Issue Subpoena Duces Tecum on Bank of Utah by Diane Thompson (Gaylord, Mark)
October 13, 2014 Filing 236 NOTICE of of Intent to Issue Subpoena Duces Tecum on America First Federal Credit Union by Diane Thompson (Gaylord, Mark)
October 13, 2014 Filing 235 NOTICE of of Intent to Issue Subpoena Duces Tecum on the Bank of New York Mellon Corporation by Diane Thompson (Gaylord, Mark)
October 13, 2014 Filing 234 NOTICE of of Intent to Issue Subpoena Duces Tecum on JP Morgan Chase National Association by Diane Thompson (Gaylord, Mark)
October 10, 2014 Filing 233 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Deutsche Bank AG, through registered agent CT Corporation System on October 7, 2014, filed by Receiver Diane Thompson. (Gaylord, Mark)
October 8, 2014 Filing 232 REPLY to Response to Motion re #197 MOTION to Compel Production of Documents and to Show Cause why Michael D. Memmott Jr. Should Not be Held in Contempt for Failing to Appear at his Properly Noticed Deposition and Memorandum in Support and Objection to Request for Order to Show Cause and Request for Attorney Fees filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaylord, Mark)
October 2, 2014 Filing 231 NOTICE of Intent to Issue Subpoena Duces Tecum on Deutsche Bank AG by Diane Thompson (Attachments: #1 Exhibit 1) (Gaylord, Mark)
October 2, 2014 Filing 230 RESPONSE to Motion re #197 MOTION to Compel Production of Documents and to Show Cause why Michael D. Memmott Jr. Should Not be Held in Contempt for Failing to Appear at his Properly Noticed Deposition and Memorandum in Support filed by Interested Parties Michael D. Memmott, Jr, Michael D. Memmott, Sr. (Bagley, John)
October 2, 2014 Filing 229 NOTICE of Appearance by John P. Bagley on behalf of Michael D. Memmott, Jr, Michael D. Memmott, Sr (Bagley, John)
October 1, 2014 Filing 228 CERTIFICATE OF SERVICE by Diane Thompson Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Attachments: #1 Exhibit Subpoena to Produce Documents)(Vartabedian, Melanie)
September 30, 2014 Filing 227 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Vartabedian, Melanie)
September 25, 2014 Filing 226 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents served on The Church of Jesus Christ of Latter-Day Saints on 09/24/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 19, 2014 Filing 225 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for PERSONAL served on MARIE DEYOUNG on 9/16/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 19, 2014 Filing 224 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for SUBSTITUTE served on MARIE DEYOUNG on 9/16/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 18, 2014 Opinion or Order Filing 223 ORDER granting #178 Motion for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014. Signed by Judge Robert J. Shelby on 9/18/14 (alt)
September 18, 2014 Filing 222 NOTICE OF WITHDRAWAL OF COUNSEL of Thomas M. Melton filed by Daniel J. Wadley on behalf of Securities and Exchange Commission (Wadley, Daniel)
September 18, 2014 Opinion or Order Filing 221 ORDER Setting Deadlines Pertaining to Proposed Plan of Liquidation. Hearing on the Proposed Plan of Liquidation set for 12/2/2014 02:30 PM in Rm 7.300. Signed by Judge Robert J. Shelby on 9/17/14 Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (alt)
September 16, 2014 Filing 219 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for SUBSTITUTE served on CHARIE ISON on 09/15/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 15, 2014 Filing 218 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for SUBSTITUTE served on DAVID HANSEN on 09/11/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 15, 2014 Opinion or Order Filing 217 ORDER granting #147 Motion for Release of Funds; granting #173 Motion to Release Portion of Revenues and Assets of American Pension Services; denying #199 Motion to Intervene; denying #201 Motion For Appointment of Client Committee; denying #209 Motion for Extension of Time. Movant Kip Paul terminated per denial of intervention. Signed by Judge Robert J. Shelby on 9/15/2014. (blh)
September 15, 2014 Filing 216 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for PERSONAL served on NICOLE IHLER on 9/11/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 15, 2014 Filing 215 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for PERSONAL served on ANDREA DEYOUNG on 09/11/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
September 12, 2014 Filing 220 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/12/2014. The court hears oral argument and rules as follows: GRANTS DeYoungs Motions, dkts. #147 and #173 , subject to the reduction of costs and fees from the amount requested to $157,559.44. DENIES Paul's Motions, dkts. #199 , #201 , and #209 . #178 MOTION First Application for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014 filed by Diane Thompson is GRANTED. Attorney for Plaintiff: Paul Feindt, Cheryl Mori; Attorney for Defendant: Joshua Chandler, Paul Moxley; Receiver: Diane Thompson and cnsl, Mark Gaylord and Melanie Vartabedian; Interested Parties: George Hofmann, David Leta. Court Reporter: Ray Fenlon.(mjm)
September 11, 2014 Filing 214 AMENDED NOTICE OF HEARING ON MOTION re: #186 MOTION Proposed Plan of Liquidation (The court will discuss means for providing notice of the plan and the time frame for response to such notice), #178 MOTION First Application for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014 , #147 Second MOTION for Release of Funds Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees, #143 DECLARATION of Diane A. Thompson filed by Securities and Exchange Commission, #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees, re: #147 Second MOTION for Release of Funds Portion of Revenues and Assets of American Pension : Motion Hearing set for 9/12/2014 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah PLEASE NOTE: ADDITIONAL MOTION WILL BE HEARD ON 9/12/2014 AT 9:30 A.M. (mjm)
September 11, 2014 Deadlines/Hearings terminated. The court has determined that the presence of counsel is unnecessary in conducting the in camera reviews, noticed in the following docket entries. The court will conduct its review in chambers and without the parties or counsel for any party present. 195 NOTICE OF HEARING: In Camera Hearing re: #147 Second MOTION for Release of Funds Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Defendant Curtis L. DeYoung, #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees re: #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by defendants American Pension Services, Curtis L. DeYoung, set for 9/11/2014 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby; AND 213 NOTICE OF HEARING: In Camera Hearing set for 9/11/2014 at 3:30 PM in Judges Chambers, Room 10.220 before Judge Robert J. Shelby. In light of Magistrate Judge Dustin Pead's ruling, docket entry #205 Order, dated 9/8/2014, the Court will conduct the Receiver's requested in camera, ex parte review at 3:30 p.m. in Judge Shelby's Chambers, Room 10.220, located on the 10th Floor. Mary Jane McNamee, Case Administrator. (mjm)
September 11, 2014 Filing 213 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) In Camera Hearing set for 9/11/2014 at 3:30 PM in Judges Chambers, Room 10.220 before Judge Robert J. Shelby. In light of Magistrate Judge Dustin Pead's ruling, docket entry #205 Order, dated 9/8/2014, the Court will conduct the Receiver's requested in camera, ex parte review at 3:30 p.m. in Judge Shelby's Chambers, Room 10.220, located on the 10th Floor, NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. (mjm)
September 9, 2014 Filing 212 AFFIDAVIT of Mark R. Gaylord re #205 Order on Motion for Miscellaneous Relief (filing of "Certificate of Service" re: submitting Exs. A, B, C, and F to Judge Shelby by hand delivery on 9/9/14) filed by Diane Thompson. (Gaylord, Mark)
September 8, 2014 Filing 211 NOTICE of Deposition by Diane Thompson (Vartabedian, Melanie)
September 8, 2014 Filing 210 NOTICE of Intent to Issue Deposition Subpoenas by Diane Thompson (Attachments: #1 Exhibit Subpoenas) (Vartabedian, Melanie)
September 8, 2014 Filing 209 MOTION for Extension of Time/RESPONSE to Motion re #187 MOTION for Hearing re #186 MOTION Proposed Plan of Liquidation and Memorandum in Support and Memorandum in Support filed by Interested Party Kip Paul. (Leta, David) Modified on 9/15/2014: changed event to Motion for Extension of Time per Chambers (blh).
September 8, 2014 Opinion or Order Filing 208 ORDER granting #198 Motion to Appoint Expert Appraiser. Signed by Judge Robert J. Shelby on 9/8/2014. (las)
September 8, 2014 Opinion or Order Filing 207 DOCKET TEXT ORDER denying #202 Motion to Continue. The court finds the Motion is untimely and and fails to identify good cause sufficient to continue the matters scheduled. Signed by Judge Robert J. Shelby on 9/8/2014. No attached document. (chambers)
September 8, 2014 Filing 206 Motions No Longer Referred: #199 MOTION to Intervene and Memorandum in Support , #202 MOTION to Continue Deadlines and Hearings and Memorandum in Support , #201 MOTION For Appointment of Client Committee and Memorandum in Support , #198 MOTION to Appoint Expert Appraiser (Chambers)
September 8, 2014 Opinion or Order Filing 205 ORDER granting #191 Motion to File Fee Application Exhibits In Camera. Signed by Magistrate Judge Dustin B. Pead on 9/8/2014. (las)
September 8, 2014 Opinion or Order Filing 204 ORDER granting #203 Motion for Admission Pro Hac Vice of Andrew V. Hardenbrook for Kip Paul. 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 Robert J. Shelby on 9/8/2014. (las)
September 5, 2014 Filing 203 MOTION for Admission Pro Hac Vice of Andrew V. Hardenbrook , Registration fee $ 15, receipt number 1088-2119419, filed by Interested Party Kip Paul. (Attachments: #1 Text of Proposed Order)(Leta, David)
September 5, 2014 Filing 202 MOTION to Continue Deadlines and Hearings and Memorandum in Support filed by Interested Party Kip Paul. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Leta, David)
September 5, 2014 Filing 201 MOTION For Appointment of Client Committee and Memorandum in Support filed by Interested Party Kip Paul. Motions referred to Dustin B. Pead.(Leta, David)
September 5, 2014 Filing 200 AFFIDAVIT/DECLARATION of Kip Paul in Support re #199 MOTION to Intervene and Memorandum in Support filed by Interested Party Kip Paul. (Leta, David)
September 5, 2014 Filing 199 MOTION to Intervene and Memorandum in Support filed by Interested Party Kip Paul. Motions referred to Dustin B. Pead.(Leta, David)
September 4, 2014 Filing 198 MOTION to Appoint Expert Appraiser filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
September 4, 2014 Filing 197 MOTION to Compel Production of Documents and to Show Cause why Michael D. Memmott Jr. Should Not be Held in Contempt for Failing to Appear at his Properly Noticed Deposition and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
September 2, 2014 Filing 196 Proposed Findings of Fact by Securities and Exchange Commission. (Wadley, Daniel)
August 28, 2014 Filing 195 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) In Camera Hearing re: #147 Second MOTION for Release of Funds Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Defendant Curtis L. DeYoung, #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Penion Services, Inc. for Payment of Attorney Fees re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Defendants American Pension Services, Curtis L. DeYoung. set for 9/11/2014 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(mjm)
August 28, 2014 Opinion or Order Filing 194 DOCKET TEXT ORDER granting #187 Motion for Hearing. (See docket entry 193 Notice of Hearing.) Signed by Judge Robert J. Shelby on 8/28/2014. No attached document. (mjm)
August 28, 2014 Filing 193 NOTICE OF HEARING ON MOTION re: #178 MOTION First Application for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014 , #147 Second MOTION for Release of Funds Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees, #143 DECLARATION of Diane A. Thompson filed by Securities and Exchange Commission, #186 MOTION Proposed Plan of Liquidation (The court will discuss means for providing notice of the plan and the time frame for response to such notice : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/12/2014 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm)
August 28, 2014 Opinion or Order Filing 192 DOCKET TEXT ORDER. Pursuant to DuivR 7-1(b)(3)(B), the court requests expedited briefing on Plaintiffs Motion To File Fee Application Exhibits In Camera #191 . Defendants opposition, if any, is due by September 5, 2014. Any reply thereto should be filed by September 10, 2014. Signed by Magistrate Judge Dustin B. Pead on 08/28/2014. (docket text order, no document attached). (amn)
August 27, 2014 Filing 191 MOTION to File Fee Application Exhibits In Camera re #177 MOTION to File Fee Application Exhibits Under Seal and Memorandum in Support and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 26, 2014 Opinion or Order Filing 190 ORDER granting #177 Motion to File Fee Application Exhibits under Seal. Signed by Magistrate Judge Dustin B. Pead on 8/26/2014. (las)
August 26, 2014 Filing 189 NOTICE of Appearance by David E. Leta on behalf of Kip Paul (Leta, David)
August 26, 2014 Filing 188 Motions No Longer Referred: #186 MOTION Proposed Plan of Liquidation and Memorandum in Support , #187 MOTION for Hearing re #186 MOTION Proposed Plan of Liquidation and Memorandum in Support and Memorandum in Support (mjm)
August 22, 2014 Filing 187 MOTION for Hearing re #186 MOTION Proposed Plan of Liquidation and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit APS Client/Creditor Response to Proposed Plan of Liquidation) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 22, 2014 Filing 186 MOTION Proposed Plan of Liquidation and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Appendix Spreadsheet, #2 Appendix APS Plan Balances, #3 Appendix Plan of Liquidation Flow of Funds) Motions referred to Dustin B. Pead.(Gaylord, Mark) Modified by adding Strike out to Motion text because document is not a motion on 9/18/2014 (rks). Modified on 10/17/2014: corrected carry-forward tect to clarify this is not a motion (alt)
August 22, 2014 Filing 185 REPLY to Response to Motion re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees, #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Penion Services, Inc. for Payment of Attorney Fees re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pensio filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
August 21, 2014 Filing 184 MEMORANDUM in Opposition re #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Penion Services, Inc. for Payment of Attorney Fees re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pensio filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
August 19, 2014 Opinion or Order Filing 183 DOCKET TEXT ORDER. Pursuant to DUCivR 7-1(b)(3)(B), the court requests expedited briefing on Plaintiff's "Motion To File Fee Application Exhibits Under Seal" #177 . Defendant's opposition, if any, is due by August 25, 2014. Any reply thereto should be filed by August 28, 2014. Signed by Magistrate Judge Dustin B. Pead on 08/19/2014. (docket text order, no document attached). (amn)
August 18, 2014 Filing 182 Motions No Longer Referred: #178 MOTION First Application for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014 Judge Shelby will handle this motion. Mary Jane McNamee, Case Administrator. (mjm)
August 18, 2014 Filing 181 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Sealed Portion of Hearing) held on July 23, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Ray Fenlon, Telephone number 801-809-4634. (las)
August 18, 2014 Filing 179 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on July 23, 2014 before Judge Robert J. Shelby. 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 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014. (las) Modified on 11/17/2014 by removing restricted text (las).
August 14, 2014 Filing 178 MOTION First Application for Interim Compensation of Receiver and Professionals for Services Rendered April 25, 2014 Through June 30, 2014 filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A (not attached), #2 Exhibit B (not attached), #3 Exhibit C (not attached), #4 Exhibit D-Summary of fees/expenses for Precision Discovery, Inc., #5 Exhibit E-Summary of fees/expenses for Orange Legal Technologies, #6 Exhibit F (not attached), #7 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 14, 2014 Filing 177 MOTION to File Fee Application Exhibits Under Seal and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Billing Instructions for Receivers, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark)
August 11, 2014 Filing 176 Motions No Longer Referred: #173 Supplemental MOTION to Release Portion of Revenues and Assets of American Penion Services, Inc. for Payment of Attorney Fees re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension. Judge Robert J. Shelby will handle this motion. Mary Jane McNamee, Case Administrator. (mjm)
August 8, 2014 Filing 175 REQUEST to Submit for Decision re #144 MOTION to Intervene and Memorandum in Support filed by Interested Party James Stava. (Hofmann, George)
August 8, 2014 Filing 174 REPLY to Response to Motion re #144 MOTION to Intervene and Memorandum in Support (Reply Memorandum In Support of Motion to Intervene by James Stava) filed by Interested Party James Stava. (Attachments: #1 Exhibit Exhibit A - Six examples of orders permitting intervention issued in various SEC receivership cases in District of Utah, #2 Exhibit Exhibit B - [Proposed] Intervenor Complaint)(Hofmann, George)
August 6, 2014 Filing 173 Supplemental MOTION to Release Portion of Revenues and Assets of American Penion Services, Inc. for Payment of Attorney Fees re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees and Memorandum in Support filed by Defendants American Pension Services, Curtis L. DeYoung. (Attachments: #1 Exhibit A - Declaration of Paul T. Moxley in Support of Supplement to Second Motion to Release Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees) Motions referred to Dustin B. Pead.(Moxley, Paul)
August 6, 2014 Filing 172 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Holladay Bank and Trust c/o Clint Williams on 06/27/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
August 4, 2014 Filing 171 MEMORANDUM in Opposition re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A - Declaration of Mark Hashimoto, #2 Exhibit B - APS 2013 Profits and Losses)(Gaylord, Mark)
August 1, 2014 Filing 170 MEMORANDUM in Opposition re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, Profit & Loss 2012, #2 Exhibit B, Profit & Loss 2013)(Wadley, Daniel)
July 30, 2014 Filing 169 Receiver's FINANCIAL REPORT First Quarterly Report filed by Receiver Diane Thompson. (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)(Gaylord, Mark)
July 28, 2014 Filing 168 MEMORANDUM in Opposition re #144 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Letter, #2 Exhibit SEC v. Novus)(Gaylord, Mark)
July 23, 2014 Filing 167 Minute Order. Proceedings held before Judge Robert J. Shelby: The court hears from cnsl and rules as follows: Docket entry #156 MOTION for Authorization to File Liquidation Plan on August 22, 2014 is granted. Docket entry #165 MOTION to Seal Courtroom During 7/23/2014 Hearing re: #138 Objection to Magistrate Judge Decision to District Court is granted. Docket entry #138 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Curtis L. DeYoung re: 37 Order on Motion for Protective Order, this Objection is overruled, and in so doing, the court adopts the factual findings set forth in the SECs briefing. Docket entry #164 REQUEST for Judicial Notice filed by Defendant Curtis L. DeYoung is granted. Docket entry #153 MOTION in Limine filed by SEC is granted. Docket entry #160 MOTION in Limine and Memorandum in Support to Preclude Inadmissible Testimony of Receiver Diane A. Thompson is denied. Docket Entry #38 MOTION for Preliminary Injunction is granted. Docket entry #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver is denied. The SEC will submit to opposing cnsl a proposed order including findings of fact and conclusions of law concerning docket entries #38 and #66 , within 7 days of receiving the transcript of the hearing. Mr. Moxley will have 7 days to review and submit his objections to the court. Within 10 days, the SEC will file any response. Granting #38 Motion for Preliminary Injunction; denying #66 Motion ; granting #153 Motion in Limine; granting #156 Motion ; denying #160 Motion in Limine; granting #165 Motion ; Attorney for Plaintiff: Dan Wadley, Paul Feindt, Thomas Melton. Attorney for Defendant Paul Moxley, Thomas Burns. Attorney for receiver: Mark Gaylord. Court Reporter: Ray Fenlon.(mjm)
July 23, 2014 Filing 166 Motions No Longer Referred: #165 MOTION to Seal Courtroom During 7/23/2014 Hearing re #138 Objection to Magistrate Judge Decision to District Court and Memorandum in Support . Judge Shelby will handle this motion. Mary Jane McNamee, Case Administrator. (mjm)
July 22, 2014 Filing 165 MOTION to Seal Courtroom During 7/23/2014 Hearing re #138 Objection to Magistrate Judge Decision to District Court and Memorandum in Support filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Moxley, Paul)
July 22, 2014 Filing 164 REQUEST for Judicial Notice filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit 1 Certified Copy of Verified Complaint Case 100424165, #2 Exhibit 2 Certified Copy Docket DeYoung v Tycon Case 100424165, #3 Exhibit 3 Certified Copy Complaint Civil 130402182, #4 Exhibit 4 Docket Case 130402182 DeYoung v Joseph McAllister, #5 Text of Proposed Order Granting Request for Judicial Notice)(Moxley, Paul)
July 22, 2014 Filing 163 AMENDED NOTICE OF HEARING ON MOTION re: #38 MOTION for Preliminary Injunction and Memorandum in Support , #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support , #138 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Curtis L. DeYoung, re: 37 Order on Motion for Protective Order, #153 MOTION in Limine , #156 MOTION for Authorization to File Liquidation Plan on August 22, 2014 and Memorandum in Support , #160 MOTION in Limine and Memorandum in Support to Preclude Inadmissible Testimony of Receiver Diane A. Thompson, (Moxley, Paul) : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/23/2014 AT 9:30 AM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm)
July 22, 2014 Filing 162 REPLY to Response to Motion re #153 MOTION in Limine , #160 MOTION in Limine and Memorandum in Support to Preclude Inadmissible Testimony of Receiver Diane A. Thompson filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1, Email April 30, #2 Exhibit 2, Email June 25, #3 Exhibit 3, Email July 3, #4 Exhibit 4, Declaration Iovino)(Wadley, Daniel)
July 21, 2014 Filing 161 REPLY BRIEF re #154 Response (NOT to motion),, to SEC's Opposition to Objection to Order Denying Motion for Protective Order filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
July 21, 2014 Filing 160 MOTION in Limine and Memorandum in Support to Preclude Inadmissible Testimony of Receiver Diane A. Thompson filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
July 21, 2014 Filing 159 MEMORANDUM in Opposition re #153 MOTION in Limine filed by Defendant Curtis L. DeYoung. (Moxley, Paul)
July 21, 2014 Filing 158 DECLARATION of Michelle DeYoung filed by Curtis L. DeYoung. (Moxley, Paul)
July 21, 2014 Filing 157 Motions No Longer Referred: #156 MOTION for Authorization to File Liquidation Plan on August 22, 2014 and Memorandum in Support (mjm)
July 18, 2014 Filing 156 MOTION for Authorization to File Liquidation Plan on August 22, 2014 and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit 1-Summary of Assets of the APS clients as of 4-25-14) Motions referred to Dustin B. Pead.(Gaylord, Mark)
July 17, 2014 Opinion or Order Filing 155 DOCKET TEXT ORDER granting #151 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 7/17/14. No attached document. (njm)
July 17, 2014 Filing 154 RESPONSE re #138 Objection to Magistrate Judge Decision to District Court, filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, Hearing Transcript April 28, #2 Exhibit 2, Wadley Declaration, #3 Exhibit 3, Motion for Protective Order, #4 Exhibit 4, Hearing Transcript May 1, #5 Exhibit 5, Hearing Transcript May 8, #6 Exhibit 6, DeYoung Testimony, #7 Exhibit 7, Pitts Deposition, #8 Exhibit 8, DeYoung Deposition, #9 Exhibit 9, Michelle DeYoung Deposition, #10 Exhibit 10, Balance Sheet, #11 Exhibit 11, Check)(Wadley, Daniel)
July 17, 2014 Filing 153 MOTION in Limine filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, Deposition of Pitts, #2 Exhibit B, Deposition of Becker, #3 Exhibit C, Email dated June 25, 2014, #4 Exhibit D, Deposition Notices, #5 Exhibit E, Hearing Transcript, #6 Exhibit F, Wadley Declaration, #7 Exhibit G, Email dated May 2, 2014, #8 Exhibit H, Email dated July 3, 2014, #9 Exhibit I, Transcripts of DeYoung Testimony)(Wadley, Daniel)
July 17, 2014 Filing 152 REPLY to Response to Motion re #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel)
July 17, 2014 Filing 151 MOTION for Leave to File Excess Pages filed by Plaintiff Securities and Exchange Commission. Motions referred to Dustin B. Pead.(Wadley, Daniel)
July 14, 2014 Filing 150 Motions No Longer Referred: #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees (mjm)
July 14, 2014 Filing 149 REQUEST to Submit for Decision re #117 MOTION Clarification of Order Clarifying Order Appointing Receiver, Freezing Assets, and Other Relief, or Alternatively for Relief From That Order re #79 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Interested Party James Stava. (Hofmann, George)
July 11, 2014 Filing 148 DECLARATION of Paul T. Moxley re #147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Curtis L. DeYoung. (Chandler, Joshua)
July 11, 2014 Filing 147 Second MOTION for Release of Funds and Memorandum in Support Portion of Revenues and Assets of American Pension Services, Inc. for Payment of Attorney Fees filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Chandler, Joshua)
July 11, 2014 Filing 146 Motions No Longer Referred: #144 MOTION to Intervene and Memorandum in Support . (mjm)
July 11, 2014 Filing 145 REPLY to Response to Motion re #117 MOTION Clarification of Order Clarifying Order Appointing Receiver, Freezing Assets, and Other Relief, or Alternatively for Relief From That Order re #79 Order on Motion for Miscellaneous Relief and Memorandum in Support (Reply Memorandum in Support of Motion) filed by Interested Party James Stava. (Hofmann, George)
July 11, 2014 Filing 144 MOTION to Intervene and Memorandum in Support filed by Interested Party James Stava. Motions referred to Dustin B. Pead.(Hofmann, George)
July 10, 2014 Filing 143 DECLARATION of Diane A. Thompson filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, IRS Form 5305-A, #2 Exhibit B, Fund Transfer Letter)(Wadley, Daniel)
July 8, 2014 Filing 142 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Michael Memmott Jr on 07/02/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
July 8, 2014 Filing 141 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Michael Memmott Sr on 07/02/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
July 7, 2014 Filing 140 DECLARATION of Paul T. Moxley re #138 Objection to Magistrate Judge Decision to District Court filed by Curtis L. DeYoung. (Moxley, Paul)
July 7, 2014 Filing 139 DECLARATION of Curtis L. DeYoung re #138 Objection to Magistrate Judge Decision to District Court filed by Curtis L. DeYoung. (Moxley, Paul)
July 7, 2014 Filing 138 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Curtis L. DeYoung re 37 Order on Motion for Protective Order (Moxley, Paul)
July 7, 2014 Filing 137 REPLY to Response to Motion re #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Attachments: #1 Exhibit A-C)(Moxley, Paul)
July 3, 2014 Filing 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Electronically Recorded held on May 1, 2014 before Judge Dustin Pead. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. 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 7/25/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 10/1/2014. (jmr) Modified on 10/1/2014 by removing restricted text (las).
July 2, 2014 Filing 134 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Pam Otteback on 06/30/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie)
July 2, 2014 Filing 133 NOTICE of Intent to Issue Deposition Subpoenas by Diane Thompson (Attachments: #1 Exhibit Subpoenas) (Vartabedian, Melanie)
July 1, 2014