Securities and Exchange Commission v. American Pension Services et al
| Securities and Exchange Commission |
| Curtis L. DeYoung and American Pension Services |
| 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 |
| Richard Seiler, Franklin American Mortgage, Michelle Seiler and Christa Zaro |
| 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 |
| Michelle DeYoung and Wrona Gordon & DuBois |
| Equity Trust |
| Diane Thompson |
| 2:2014cv00309 |
| April 24, 2014 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Robert J Shelby |
| Securities/Commodities |
| 15 U.S.C. § 0077 Securities Fraud |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 1051
ORDER granting #1049 Motion to Transfer Funds for Distribution Signed by Judge Robert J. Shelby on 3/31/2022. (chambers)
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Filing 1050
REQUEST to Submit for Decision re #1049 MOTION to Transfer Funds For Distribution and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Oliver, Amy)
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Filing 1049
MOTION to Transfer Funds For Distribution and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Oliver, Amy)
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| 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) |
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Filing 1047
ORDER of USCA Tenth Circuit as to #1029 Notice of Appeal filed by Diane Thompson (dla)
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Filing 1046
AMENDED ORDER granting #1045 Motion to Clarify Docket Order #592 . Signed by Judge Robert J. Shelby on 10/9/19. (dla)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
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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)
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| 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). |
| 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) |
| Filing 1033 TRANSCRIPT REQUEST by Diane Thompson for proceedings held on N/A before Judge N/A.. (Vartabedian, Melanie) |
| 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) |
| Filing 1031 USCA Case Number Case Appealed to Tenth Case Number 18-4121 for #1029 Notice of Appeal filed by Diane Thompson. (jmr) |
| Filing 1030 Transmission of Preliminary Record to USCA re #1029 Notice of Appeal as to Tenth Circuit. (Attachments: #1 Appendix Preliminary Record) (dla) |
| 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) |
| Filing 1028 TRANSCRIPT REQUEST by Diane Thompson for proceedings held on July 10, 2018 before Judge Robert J. Shelby.. (Vartabedian, Melanie) |
| 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) |
| Filing 1026 USCA Case Number Case Appealed to Tenth Case Number 18-4114 for #1024 Notice of Appeal filed by Michelle DeYoung. (jmr) |
| Filing 1025 Transmission of Preliminary Record to USCA re #1024 Notice of Appeal. (Attachments: #1 Appendix Preliminary Record) (dla) |
| 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) |
| Filing 1023 FINAL JUDGMENT as to American Pension Services, Inc. Signed by Judge Robert J. Shelby on 7/13/18. (dla) |
| 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) |
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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)
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 1013 Motions No Longer Referred: #1010 Motion for Seventeenth Application for Interim Compensation of Receiver will be addressed by the District Court. (amn) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| Filing 1007 Motions No Longer Referred: #1004 MOTION for Sixteenth Application for Interim Compensation will be handled by the District Court. (amn) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 998 REPLY to Response to Motion re #988 MOTION filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 997 Motions No Longer Referred: #994 Second MOTION to Enforce Settlement Agreement and Memorandum in Support (chambers) |
| 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) |
| 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) |
| 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) |
| Filing 993 RESPONSE to Motion re #988 MOTION to terminate receivership filed by Intervenor Plaintiff Michelle DeYoung. (Beckett, Kristian) |
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
| Filing 987 NOTICE OF WITHDRAWAL OF COUNSEL of Jeffrey D. Enquist filed by Melanie J. Vartabedian on behalf of Diane Thompson (Vartabedian, Melanie) |
| 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) |
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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)
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| 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) |
| 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) |
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Filing 982
ORDER Denying Without Prejudice #978 Motion for Entry of Consent Judgment. Signed by Judge Robert J. Shelby on 2/7/18. (dla)
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| 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) |
| Filing 980 NOTICE of Resignation of First Utah Bank as Custodian and Termination of Custodial Services Agreement by Diane Thompson (Vartabedian, Melanie) |
| Filing 979 NOTICE of Plaintiff's Motion for Civil Monetary Penalties Against Curtis L. DeYoung by Securities and Exchange Commission (Second Notice) (Oliver, Amy) |
| 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). |
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Filing 977
ORDER granting #976 Motion to Dismiss Intervention Action with prejudice. Signed by Judge Robert J. Shelby on 1/12/2018. (blh)
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| 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) |
| 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) |
| 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). |
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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)
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| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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. |
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Filing 963
ORDER granting #961 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 11/21/2017. (jds)
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| 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) |
| 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) |
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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)
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| 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) |
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Filing 958
ORDER granting #957 Stipulated Motion to Set Aside Judgment. Signed by Judge Robert J. Shelby on 11/8/2017. (jds)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 953 Mail sent to John Fischer (re 946 Notice) Returned as Undeliverable/"Not at this address". No forwarding address. (alt) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| Filing 943 Motions No Longer Referred: The Joint Stipulated Motion to Approve Settlement Agreement #942 shall be handled by the District Court. (amn) |
| 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) |
| Filing 941 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Exhibit 1) (Gaylord, Mark) |
| 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.) |
| 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) |
| Filing 938 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas Duces Tecum) (Vartabedian, Melanie) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 928 EXHIBITS filed by Michelle DeYoung re #896 Memorandum in Opposition to Motion. (Grindstaff, Benjamin) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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Filing 920
ORDER granting #918 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 5/15/2017. (jds)
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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)
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| 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) |
| 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) |
| Filing 916 Motions No Longer Referred: #914 Motion to Continue Hearing Scheduled for June 15, 2017 shall be handled by the District Court (amn) |
| 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) |
| 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) |
| 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) |
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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)
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| Filing 911 OBJECTIONS to #905 Reply Memorandum/Reply to Response to Motion filed by Michelle DeYoung. (Attachments: #1 Affidavit of Michelle DeYoung)(Grindstaff, Benjamin) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 896 MEMORANDUM in Opposition re #875 MOTION for Partial Summary Judgment and Memorandum in Support filed by Intervenor Defendant Michelle DeYoung. (Grindstaff, Benjamin) |
| 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) |
| 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) |
| 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) |
| Filing 892 Motions No Longer Referred: #884 First MOTION to Expedite Motion to Lift Freeze and Memorandum in Support of motion (chambers) |
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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)
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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)
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| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| Filing 878 NOTICE of Non-opposition by Michelle DeYoung (Beckett, Kristian) |
| 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). |
| 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) |
| 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) |
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Filing 874
ORDER denying without prejudice #772 Motion for Civil Monetary Penalties. Signed by Judge Robert J. Shelby on 2/27/2017. (jds)
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| 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). |
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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).
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| 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) |
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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)
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| Filing 863 NOTICE of Appearance by Kristian S. Beckett on behalf of Michelle DeYoung (Beckett, Kristian) |
| Filing 862 NOTICE of Appearance by Franklin L. Slaugh on behalf of Nancy Emmons (Slaugh, Franklin) |
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Filing 861
ORDER granting #859 Motion to File Fee Application Exhibits in Camera. Signed by Judge Robert J. Shelby on 2/6/2017. (jds)
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| 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) |
| 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) |
| 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) |
| Filing 857 INTERPLEADER by Diane Thompson. (Vartabedian, Melanie) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 846 NOTICE of Noncompliance with Court Order by Michelle DeYoung by Diane Thompson (Vartabedian, Melanie) |
| 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) |
| 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) |
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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)
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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)
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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)
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| 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). |
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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)
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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)
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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)
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| 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. |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| Filing 826 MOTION for Order of Sale and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order)(Enquist, Jeffrey) |
| 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) |
| 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). |
| 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) |
| Filing 822 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena for Annette Bosworth-Haber) (Gaylord, Mark) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 816 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Gaylord, Mark) |
| 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) |
| 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) |
| Filing 814 NOTICE of Deposition of Mark Hashimoto by Curtis L. DeYoung (Mooney, Jerome) |
| Filing 813 NOTICE of Amended Notice of Deposition of Dean Becker by Diane Thompson (Enquist, Jeffrey) |
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Filing 812
ORDER of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung (jds)
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| Filing 811 NOTICE of Appearance by Jerome H Mooney on behalf of Curtis L. DeYoung (Mooney, Jerome) |
| Filing 810 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Krishna Rao) (Gaylord, Mark) |
| 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) |
| 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) |
| 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) |
| Filing 806 NOTICE of Intent to Issue Subpoena by Curtis L. DeYoung (Attachments: #1 Exhibit Subpoena) (Quintana, Danny) |
| Filing 805 Motions No Longer Referred: #802 MOTION Ninth Application for Interim Compensation of Receiver shall be handled by the District Court.(amn) |
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Filing 804
ORDER granting #803 Motion to File Fee Application Exhibits in Camera Signed by Judge Robert J. Shelby on 8/9/2016. (jds)
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| 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) |
| 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) |
| Filing 801 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Gaylord, Mark) |
| 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) |
| 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) |
| Filing 798 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Emmons and Jones Subpoenas) (Gaylord, Mark) |
| Filing 797 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas) (Gaylord, Mark) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 792
ORDER of USCA as to #469 Notice of Appeal, filed by Candace DeYoung, Nicole Ihler, Michelle DeYoung, Hailee DeYoung (jds)
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| Filing 790 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 Subpoena Duces Tecum - Scott McCormick) (Gaylord, Mark) |
| 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) |
| Filing 788 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoenas Duces Tecum) (Gaylord, Mark) |
| 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) |
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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)
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| 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) |
| 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). |
| 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) |
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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)
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| 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) |
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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)
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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)
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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)
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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)
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| 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) |
| Filing 776 Motions No Longer Referred: #772 Plaintiff's MOTION Civil Penalties re #747 Judgment and Memorandum in Support (chambers) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 767
MEMORANDUM DECISION & ORDER granting #753 Motion to Intervene Signed by Magistrate Judge Dustin B. Pead on 6/7/2016. (jds)
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| 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) |
| Filing 765 NOTICE of Appearance by Jeffrey D. Enquist on behalf of Diane Thompson (Enquist, Jeffrey) |
| 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) |
| Filing 763 ANSWER to Complaint in Intervention filed by Michelle DeYoung.(Grindstaff, Benjamin) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 758 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Martha Garcia Subpoena Duces Tecum) (Vartabedian, Melanie) |
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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)
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| 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) |
| 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) |
| Filing 754 MEMORANDUM in Support re #753 MOTION to Intervene and Memorandum in Support filed by Movant Franklin American Mortgage. (Howell, Armand) |
| Filing 753 MOTION to Intervene and Memorandum in Support filed by Movant Franklin American Mortgage. Motions referred to Dustin B. Pead.(Howell, Armand) |
| Filing 752 NOTICE of Appearance by Armand J. Howell on behalf of Franklin American Mortgage (Howell, Armand) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 747 JUDGMENT as to Curtis L. DeYoung. Signed by Judge Robert J. Shelby on 4/21/2016. (jds) |
| 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) |
| Filing 745 CONSENT TO ENTRY of final judgment for DeYoung filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Wadley, Daniel) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
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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)
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| Filing 737 Motions No Longer Referred: #736 MOTION to Consolidate Cases and Memorandum in Support (chambers) |
| 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) |
| 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) |
| Filing 734 Correspondence from Ephren Taylor (Attachments: #1 Envelope) (kpf) |
| 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) |
| Filing 732 RESPONSE to Discovery Request from Curtis L. DeYoung filed by Defendant Curtis L. DeYoung.(Quintana, Danny) |
| 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) |
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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)
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| 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) |
| 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) |
| 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). |
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Filing 726
ORDER denying without prejudice #714 Motion to Withdraw as Attorney. Signed by Judge Robert J. Shelby on 2/29/2016. (jds)
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| 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) |
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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)
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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)
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| Filing 722 RESPONSE TO ORDER TO SHOW CAUSE re 716 Order to Show Cause,,, filed by Michelle DeYoung. (Grindstaff, Benjamin) |
| Filing 721 NOTICE of Appearance by Benjamin B. Grindstaff on behalf of Michelle DeYoung (Grindstaff, Benjamin) |
| 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) |
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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)
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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)
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| Filing 718 RESPONSE TO ORDER TO SHOW CAUSE re 716 Order to Show Cause,,, filed by Diane Thompson. (Vartabedian, Melanie) |
| 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) |
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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)
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| 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) |
| 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). |
| 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) |
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Filing 712
ORDER granting #711 Motion TO FILE FEE APPLICATION EXHIBITS IN CAMERA. Signed by Judge Robert J. Shelby on 2/12/2016. (jds)
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| 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) |
| 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). |
| 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) |
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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)
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| 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) |
| 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). |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 696 Transmission of Preliminary Record to USCA re #694 Notice of Appeal, (Attachments: #1 Appendix)(jds) |
| Filing 695 NOTICE of Appearance by Brent D. Wride on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Wride, Brent) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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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)
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| 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) |
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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)
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| 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) |
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Filing 684
CLAIMS BAR ORDER. Signed by Judge Robert J. Shelby on 12/23/2015. (blh)
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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)
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| 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) |
| 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) |
| 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). |
| 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). |
| Filing 676 Proposed Findings of Fact by Diane Thompson. (Attachments: #1 Exhibit A - Claims Bar Order)(Gaylord, Mark) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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). |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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Filing 656
ORDER granting #652 Motion TO FILE FEE APPLICATION EXHIBITS IN CAMERA. Signed by Judge Robert J. Shelby on 11/18/2015. (jds)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| Filing 645 Motions No Longer Referred: #642 Third MOTION to Intervene and Memorandum in Support of Third Motion to Intervene (chambers) |
| 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) |
| 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). |
| 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) |
| Filing 641 MEMORANDUM in Support re #618 MOTION for Settlement and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Wadley, Daniel) |
| 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) |
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Filing 639
ORDER granting #637 Motion to Retain Jonathan Cook as Appraiser. Signed by Judge Robert J. Shelby on 10/26/2015. (jds)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 626 Modification of Docket: Correction: Added motions to be heard re 622 Notice of Hearing on Motion. (jds) |
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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)
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| 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) |
| Filing 623 MEMORANDUM in Opposition re #605 MOTION to Intervene and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark) |
| 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). |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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). |
| Filing 612 REPORT OF ATTORNEY PLANNING MEETING. (Wadley, Daniel) |
| Filing 611 NOTICE of Appearance by Mark W. Pugsley on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Pugsley, Mark) |
| Filing 610 NOTICE of Appearance by Jared N. Parrish on behalf of Michelle Seiler, Richard Seiler, Christa Zaro (Parrish, Jared) |
| 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). |
| Filing 607 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit A - Harward Subpoena) (Vartabedian, Melanie) |
| Filing 606 Motions No Longer Referred: #605 MOTION to Intervene and Memorandum in Support (chambers) |
| 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) |
| 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) |
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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).
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| Filing 602 INTERVENOR COMPLAINT against Diane Thompson., filed by Michelle DeYoung. (Colemere, Jeffrey) Modified by correcting type of document on 4/12/2016 (rks). |
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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)
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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)
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| 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) |
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Filing 599
ORDER RE : Interpleaded Funds Related to the Management Solutions, Inc. Receivership. Signed by Judge Robert J. Shelby on 8/19/2015. (jds)
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Filing 598
ORDER granting #582 Motion for Release of Funds. Signed by Judge Robert J. Shelby on 8/17/2015. (las)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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Filing 586
ORDER granting #581 Motion to File Fee Application Exhibits In Camera. Signed by Judge Robert J. Shelby on 8/3/2015. (las)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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). |
| Filing 569 NOTICE of Appearance by Robert K. Hunt on behalf of Curtis L. DeYoung (Hunt, Robert) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 563 DOCUMENTS LODGED consisting of Response to Receiver's Opposition to Revaluation Appeal of John R. Watkins. (tls) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| Filing 557 CERTIFICATE OF SERVICE by Diane Thompson (Vartabedian, Melanie) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| Filing 551 Motions No Longer Referred: #550 Stipulated MOTION to Deposit Funds (chambers) |
| 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) |
| Filing 549 NOTICE of Appearance by Doyle S. Byers on behalf of Gil A. Miller (Byers, Doyle) |
| 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) |
| Filing 547 NOTICE of Intent to Issues Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit A- Subpoenas) (Vartabedian, Melanie) |
| Filing 546 Motions No Longer Referred: #544 MOTION to Intervene and Memorandum in Support (Renewed) (chambers) |
| Filing 545 DOCUMENTS LODGED consisting of Correspondence from John Watkins. (tls) |
| 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) |
| 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). |
| Filing 542 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- Subpoenas Duces Tecum) (Vartabedian, Melanie) |
| 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) |
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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)
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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)
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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)
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| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 532 REPLY to Response to Motion re #506 MOTION to Stay and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Quintana, Danny) |
| 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) |
| Filing 530 NOTICE of Intent to Issue Deposition Subpoeonas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena) (Gaylord, Mark) |
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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)
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| 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) |
| Filing 527 SUBSTITUTION OF COUNSEL Danny Quintana replacing Nien-Ping Wang as counsel on behalf of Curtis L. DeYoung. (Quintana, Danny) |
| Filing 526 NOTICE of Appearance by Danny Quintana on behalf of Curtis L. DeYoung (Quintana, Danny) |
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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)
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| 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) |
| 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) |
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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)
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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)
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| Filing 520 NOTICE of Intent to Issue Deposition Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Cenlar FSB Subpoenas) (Vartabedian, Melanie) |
| Filing 519 MEMORANDUM in Opposition re #506 MOTION to Stay and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| 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) |
| 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) |
| Filing 516 NOTICE of Appearance by Sara E. Bouley on behalf of Ernest Kiss (Bouley, Sara) |
| 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) |
| Filing 514 NOTICE of Intent to Issue Deposition Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- First Utah Bank Subpoena) (Vartabedian, Melanie) |
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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)
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| 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) |
| 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) |
| Filing 510 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Amerititle Insurance Company) (Vartabedian, Melanie) |
| 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) |
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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)
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| 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.) |
| 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) |
| 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) |
| 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) |
| Filing 503 TRANSCRIPT REQUEST FORM filed by Michelle DeYoung for proceedings held on N/A re #469 Notice of Appeal, (Colemere, Jeffrey) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 496 NOTICE of Subpoena Duces Tecum to Title One, Inc. by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie) |
| Filing 495 NOTICE of Subpoena Duces Tecum by Diane Thompson to The Title Insurance Agency (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 487 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Meridian Title Company) (Vartabedian, Melanie) |
| Filing 486 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoena on Bonneville Land & Title) (Vartabedian, Melanie) |
| Filing 485 DECLARATION of Judson T. Pitts re #413 Notice (Other) Compliance with Subpoena filed by Judson T. Pitts. (Pitts, Judson) |
| 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) |
| Filing 483 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1-Subpoenas on Canyon View Title) (Vartabedian, Melanie) |
| 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) |
| 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) |
| 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) |
| Filing 479 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1- Subpoenas) (Vartabedian, Melanie) |
| 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) |
| Filing 477 NOTICE of Intent to Issue Subpoena Decues Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum) (Vartabedian, Melanie) |
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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)
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| 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) |
| 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) |
| Filing 473 Motions No Longer Referred: #471 MOTION for Protective Order and Memorandum in Support (chambers) |
| Filing 472 Transmission of Preliminary Record to USCA re #469 Notice of Appeal. (Attachments: #1 Appendix)(las) |
| Filing 471 MOTION for Protective Order and Memorandum in Support filed by Movant Judson T. Pitts. Motions referred to Dustin B. Pead.(Pitts, Judson) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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). |
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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)
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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)
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Filing 456
ORDER granting #408 Motion to Appoint Custodian. Signed by Judge Robert J. Shelby on 2/27/2015. (chambers)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 451 NOTICE of Appearance by Donald J. Winder on behalf of George Allen (Winder, Donald) |
| 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.) |
| 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.) |
| Filing 448 REPLY to Response to Motion re #408 MOTION to Appoint Custodian and Memorandum in Support filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 447 ANSWER to #1 Complaint filed by Curtis L. DeYoung.(Adamson, R.) |
| 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.) |
| Filing 445 NOTICE of Claim on Insurance Policy by Curtis L. DeYoung (Adamson, R.) |
| 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) |
| 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) |
| 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) |
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Filing 441
ORDER denying #371 Motion to Intervene. Signed by Judge Robert J. Shelby on 2/17/2015. (las)
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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)
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| 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) |
| 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) |
| Filing 438 NOTICE of Appearance by Amy J. Oliver on behalf of Securities and Exchange Commission (Oliver, Amy) |
| 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) |
| 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) |
| 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) |
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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)
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Filing 433
ORDER granting #429 Motion to file fee application exhibit in camera. Signed by Judge Robert J. Shelby on 2/6/2015. (las)
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| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| Filing 424 NOTICE of Appearance by R. Jeremy Adamson on behalf of Curtis L. DeYoung (Adamson, R.) |
| Filing 423 NOTICE of Appearance by Nien-Ping Wang on behalf of Curtis L. DeYoung (Wang, Nien-Ping) |
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Filing 422
MEMORANDUM DECISION and ORDER denying #376 Motion to Quash. Signed by Magistrate Judge Dustin B. Pead on 01/29/2015. (tls)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 416 AFFIDAVIT of Curtis L. DeYoung re #415 MOTION for Release of Funds. (las) |
| Filing 415 MOTION for Release of Funds filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(las) |
| 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) |
| Filing 413 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Attachments: #1 Exhibit 1 - Subpoena) (Vartabedian, Melanie) |
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Filing 412
MEMORANDUM DECISION AND ORDER denying #362 Motion to Intervene. Signed by Magistrate Judge Dustin B. Pead on 1/20/2015. (las)
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| Filing 411 Motions No Longer Referred: #410 MOTION to Amend/Correct #79 Order on Motion for Miscellaneous Relief and Memorandum in Support (mjm) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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Filing 405
ORDER granting #401 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 1/15/2015. (chambers)
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| Filing 404 Motions No Longer Referred: #402 MOTION for Leave to File Excess Pages , #401 MOTION for Leave to File Excess Pages (chambers) |
| 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) |
| 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) |
| Filing 401 MOTION for Leave to File Excess Pages filed by Receiver Diane Thompson. Motions referred to Dustin B. Pead.(Vartabedian, Melanie) |
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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)
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| Filing 400 ANSWER to #1 Complaint filed by Curtis L. DeYoung.(las) |
| 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) |
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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)
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| 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) |
| 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) |
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Filing 394
MEMORANDUM DECISION AND ORDER denying #251 Motion to Intervene. Signed by Magistrate Judge Dustin B. Pead on 1/9/2015. (las)
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| 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) |
| 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). |
| 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) |
| Filing 388 DECLARATION of Dr. Gregory Litton filed by Michael D. Memmott, Jr. (Bagley, John) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| Filing 381 Motions No Longer Referred: #378 MOTION for Attorney Fees and Memorandum in Support (Second Supplement to Third Motion) (chambers) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 372 Motions No Longer Referred: #371 MOTION to Intervene and Memorandum in Support (chambers) |
| 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) |
| Filing 370 NOTICE of Appearance by Gary E. Doctorman on behalf of First Utah Bank (Doctorman, Gary) |
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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)
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| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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Filing 357
ORDER granting #332 Motion to file fee application exhibits in camera. Signed by Judge Robert J. Shelby on 12/4/2014. (las)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 352 MEMORANDUM in Support re #313 Third MOTION for Attorney Fees and Memorandum in Support filed by Defendant Curtis L. DeYoung. (Moxley, Paul) |
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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)
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Filing 350
ORDER granting #349 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 11/25/2014. (chambers)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 345 CERTIFICATE OF SERVICE by Diane Thompson Subpoena to Testify at a Deposition in a Civil Action served on Dale Henderson (Vartabedian, Melanie) |
| Filing 344 CERTIFICATE OF SERVICE by Michael D. Memmott, Sr re #312 Order on Motion to Compel,,, Memorandum Decision,,, Set Deadlines/Hearings,, (Christiansen, Stephen) |
| Filing 343 NOTICE of Appearance by Stephen K. Christiansen on behalf of Michael D. Memmott, Sr (Christiansen, Stephen) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 338 MEMORANDUM in Opposition re #313 Third MOTION for Attorney Fees and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 333 Motions No Longer Referred: #332 MOTION to File Fee Application Exhibits In Camera (chambers) |
| 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) |
| 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) |
| 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) |
| Filing 329 Motions No Longer Referred: #313 Third MOTION for Attorney Fees and Memorandum in Support (chambers) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 324 MEMORANDUM in Opposition re #318 MOTION for Protective Order and Memorandum in Support filed by Receiver Diane Thompson. (Gaylord, Mark) |
| Filing 323 NOTICE of Withdrawal of Objection to Receiver's Proposed Plan of Liquidation by James Stava re #248 Objections (Hofmann, George) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 314 NOTICE of Appearance by Tesia N. Stanley on behalf of Diane Thompson (Stanley, Tesia) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 258 DOCUMENTS LODGED consisting of Correspondence from Charles Archer. (tls) |
| Filing 251 MOTION to Intervene and Memorandum in Support filed by Interested Party Kim R. Wilson. Motions referred to Dustin B. Pead.(Wilson, Kim) |
| Filing 250 OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by Kim R. Wilson. (Wilson, Kim) |
| Filing 249 NOTICE of Appearance by Kim R. Wilson on behalf of Kim R. Wilson (Wilson, Kim) |
| Filing 248 OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by James Stava. (Hofmann, George) |
| Filing 247 MEMORANDUM in Opposition re #186 Proposed Plan of Liquidation (Not a Motion) filed by Interested Party Mark J. Gregersen. (Gregersen, Mark) |
| Filing 246 NOTICE of Appearance by Mark J. Gregersen on behalf of Mark J. Gregersen (Gregersen, Mark) |
| 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) |
| 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) |
| Filing 245 Pro Se OBJECTIONS to #186 Proposed Plan of Liquidation (Not a Motion) filed by Kent A. Jordan (alt) |
| Filing 241 Motions No Longer Referred: 240 SEALED EX PARTE MOTION and Memorandum in Support (chambers) |
| 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) |
| Filing 238 NOTICE of of Intent to Issue Subpoena Duces Tecum on Citigroup Inc. by Diane Thompson (Gaylord, Mark) |
| Filing 237 NOTICE of of Intent to Issue Subpoena Duces Tecum on Bank of Utah by Diane Thompson (Gaylord, Mark) |
| Filing 236 NOTICE of of Intent to Issue Subpoena Duces Tecum on America First Federal Credit Union by Diane Thompson (Gaylord, Mark) |
| Filing 235 NOTICE of of Intent to Issue Subpoena Duces Tecum on the Bank of New York Mellon Corporation by Diane Thompson (Gaylord, Mark) |
| Filing 234 NOTICE of of Intent to Issue Subpoena Duces Tecum on JP Morgan Chase National Association by Diane Thompson (Gaylord, Mark) |
| 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) |
| 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) |
| Filing 231 NOTICE of Intent to Issue Subpoena Duces Tecum on Deutsche Bank AG by Diane Thompson (Attachments: #1 Exhibit 1) (Gaylord, Mark) |
| 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) |
| Filing 229 NOTICE of Appearance by John P. Bagley on behalf of Michael D. Memmott, Jr, Michael D. Memmott, Sr (Bagley, John) |
| 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) |
| Filing 227 NOTICE of Intent to Issue Subpoena Duces Tecum by Diane Thompson (Vartabedian, Melanie) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 211 NOTICE of Deposition by Diane Thompson (Vartabedian, Melanie) |
| Filing 210 NOTICE of Intent to Issue Deposition Subpoenas by Diane Thompson (Attachments: #1 Exhibit Subpoenas) (Vartabedian, Melanie) |
| 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). |
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Filing 208
ORDER granting #198 Motion to Appoint Expert Appraiser. Signed by Judge Robert J. Shelby on 9/8/2014. (las)
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 199 MOTION to Intervene and Memorandum in Support filed by Interested Party Kip Paul. Motions referred to Dustin B. Pead.(Leta, David) |
| 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) |
| 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) |
| Filing 196 Proposed Findings of Fact by Securities and Exchange Commission. (Wadley, Daniel) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| Filing 189 NOTICE of Appearance by David E. Leta on behalf of Kip Paul (Leta, David) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| Filing 175 REQUEST to Submit for Decision re #144 MOTION to Intervene and Memorandum in Support filed by Interested Party James Stava. (Hofmann, George) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 159 MEMORANDUM in Opposition re #153 MOTION in Limine filed by Defendant Curtis L. DeYoung. (Moxley, Paul) |
| Filing 158 DECLARATION of Michelle DeYoung filed by Curtis L. DeYoung. (Moxley, Paul) |
| Filing 157 Motions No Longer Referred: #156 MOTION for Authorization to File Liquidation Plan on August 22, 2014 and Memorandum in Support (mjm) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 151 MOTION for Leave to File Excess Pages filed by Plaintiff Securities and Exchange Commission. Motions referred to Dustin B. Pead.(Wadley, Daniel) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 146 Motions No Longer Referred: #144 MOTION to Intervene and Memorandum in Support . (mjm) |
| 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) |
| Filing 144 MOTION to Intervene and Memorandum in Support filed by Interested Party James Stava. Motions referred to Dustin B. Pead.(Hofmann, George) |
| 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) |
| 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) |
| 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) |
| Filing 140 DECLARATION of Paul T. Moxley re #138 Objection to Magistrate Judge Decision to District Court filed by Curtis L. DeYoung. (Moxley, Paul) |
| Filing 139 DECLARATION of Curtis L. DeYoung re #138 Objection to Magistrate Judge Decision to District Court filed by Curtis L. DeYoung. (Moxley, Paul) |
| Filing 138 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Curtis L. DeYoung re 37 Order on Motion for Protective Order (Moxley, Paul) |
| 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) |
| 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). |
| 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) |
| Filing 133 NOTICE of Intent to Issue Deposition Subpoenas by Diane Thompson (Attachments: #1 Exhibit Subpoenas) (Vartabedian, Melanie) |
| Filing 132 AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference RESET for 7/2/2014 AT 3:30 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. Cnsl will contact Mr. Wadley to set up telephone conference into the courtroom. (mjm) |
| Filing 131 AFFIDAVIT of Brian D. Thompson Re: Freeze Request Notices. (jmr) |
| Filing 130 DECLARATION of Max D. Wheeler, Esq. re 30 Notice of Hearing, #35 Affidavit/Declaration in Support of Motion, 37 Order on Motion for Protective Order, 36 Motion Hearing, Terminate Motions,,,, filed by Curtis L. DeYoung. (Moxley, Paul) |
| Filing 129 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Subpoena Duces Tecum) (Vartabedian, Melanie) |
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Filing 128
ORDER granting #124 Motion to Appoint Expert Computer Forensic Services. Signed by Magistrate Judge Dustin B. Pead on 6/27/2014. (las)
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| Filing 127 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Status Conference set for 7/2/2014 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Cnsl will contact Mr. Wadley to set up telephone conference into the courtroom. (mjm) |
| Filing 126 MEMORANDUM in Opposition 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 Receiver Diane Thompson. (Attachments: #1 Exhibit SEC v. Novus Tech Case)(Gaylord, Mark) |
| Filing 125 DECLARATION of Judson T. Pitts, Esq. re #35 Affidavit/Declaration in Support of Motion, 37 Order on Motion for Protective Order, 36 Motion Hearing, Terminate Motions,,,, filed by American Pension Services, Curtis L. DeYoung. (Moxley, Paul) |
| Filing 124 MOTION to Appoint Expert Computer Forensic Services filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Qualifications and Resume, #2 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Vartabedian, Melanie) |
| Filing 123 NOTICE of Acceptance of Service by Diane Thompson (Vartabedian, Melanie) |
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Filing 122
DOCKET TEXT ORDER EXTENDING #8 . For the reasons stated on the record at the telephone status conference held 6/23/2014, including the mutual consent and stipulation of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on 4/24/2014, through and including 7/23/2014. Accordingly, the court orders that the Temporary Restraining Order #8 shall remain in full force and effect through 7/23/2014, subject to further order of the court. So ordered by Judge Robert J. Shelby on 6/24/2014.
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| Filing 121 Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 6/23/2014. Ptys appear by telephone. Mr. Curtis DeYoung requests a continuance of the hearing set for 6/27/2014. After hearing from the parties, the court orders the following: For the reasons stated on the record at the telephone status conference held 6/23/2014, including the mutual consent and stipulation of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on 4/24/2014, through and including 7/23/2014. Accordingly, the court orders that the Temporary Restraining Order shall remain in full force and effect through 7/23/2014, subject to further order of the court. The following dates/deadlines are set: Dft's brief is due on 7/3/2014. SEC's response due 7/15/2014. Receiver's Affidavit is due on 7/10/2014. If the parties intend to file any motions, Dft's motions are due on 7/3/2014. SEC's response due 7/15/2014. Reply due on 7/21/2014. Motion hearing set for #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver AND #38 MOTION for Preliminary Injunction : Motion Hearing set for 7/23/2014 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby.Attorney for Plaintiff: Paul Feindt, Daniel Wadley; Attorney for Defendant: Paul Moxley for Curtis DeYoung; Mark Gaylord for Receiver - Diane Thompson.Court Reporter: Ray Fenlon. BR>Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) |
| Filing 120 NOTICE of Change of Address by Daniel J. Wadley (Wadley, Daniel) |
| Filing 119 **RESTRICTED DOCUMENT** Correspondence from David Scott Jansen (received via the court's website email address) (rks) Modified on 6/23/2014 - restricting document to case participants (jwt). |
| Filing 118 Motions No Longer Referred: #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 . Motion shall be handled by the District Court. (amn) |
| Filing 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. (Attachments: #1 Exhibit Check, #2 Exhibit Correspondence to Diane Thompson dated 05/20/14, #3 Exhibit Correspondence to James Stava dated 05/28/14, #4 Exhibit Transcript of Motion Hearing Held on 05/21/14, #5 Exhibit Caselaw: SEC v. Mgmt. Solutions, 2013 U.S. Dist. LEXIS 21552, #6 Exhibit Caselaw: FTC v. Real Wealth, Inc., 2011 U.S. Dist. LEXIS 139269) Motions referred to Dustin B. Pead.(Hofmann, George) |
| Filing 116 NOTICE of Appearance by Joshua D. Chandler on behalf of Curtis L. DeYoung (Chandler, Joshua) |
| Filing 115 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Rebecca Navas on 06/18/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 114 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on E. Dale Henderson on 06/18/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 113 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Byron Lamont Smith on 06/17/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 112 NOTICE of Intent to Issue Subpoenas Duces Tecum by Diane Thompson (Attachments: #1 Exhibit Subpoenas) (Vartabedian, Melanie) |
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Filing 111
DOCKET TEXT ORDER granting #109 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 6/17/2014. No attached document. (chambers)
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| Filing 110 MEMORANDUM in Opposition 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. (Attachments: #1 Exhibit 1, Comparison of Cash Balances, #2 Exhibit 2, APS Letter/Fund Transfer, #3 Exhibit 3, Custodial Services Agreement, #4 Exhibit 4, Deposition of Curtis DeYoung, #5 Exhibit 5, Deposition of Michelle DeYoung, #6 Exhibit 6, Testimony of Curtis DeYoung, #7 Exhibit 7, Form 5305-A, #8 Exhibit 8, Hashimoto Declaration II, #9 Exhibit 9, Hashimoto Declaration I, #10 Exhibit 10, 2012 APS Profit & Loss, #11 Exhibit 11, Reconciliation of Balance Sheet, #12 Exhibit 12, Testimony of Curtis DeYoung, #13 Exhibit 13, Deposition of Judson Pitts, #14 Exhibit 14, APS Balance Sheet, #15 Exhibit 15, APS check to Judson Pitts)(Wadley, Daniel) |
| Filing 109 MOTION for Leave to File Excess Pages in Opposition to Motion to Dissolve filed by Plaintiff Securities and Exchange Commission. Motions referred to Dustin B. Pead.(Wadley, Daniel) |
| Filing 108 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Conference set for 6/23/2014 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. Mr. Daniel Wadley will coordinate telephone call details with the parties (mjm) |
| Filing 107 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/09/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 106 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/09/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 105 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/09/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 104 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/06/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 103 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 102 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 101 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 100 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean H. Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 99 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 98 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Andrea DeYoung on 06/11/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 97 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Bruce C. Cuppett on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 96 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Dean Becker on 06/10/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 95 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Nicole Ihler on 06/08/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 94 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Michael D. Memmott, Sr. on 06/06/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 93 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Substitute served on Aspen Hill on 06/05/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 92 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Substitute served on Deny Memmott on 06/05/2014, filed by Receiver Diane Thompson. (Vartabedian, Melanie) |
| Filing 91 NOTICE of Receipt of Correspondence by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Exhibit A, E*Trade Correspondence) (Wadley, Daniel) |
| Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on May 21, 2014 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. 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 6/26/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/3/2014. (tls) Modified on 9/3/2014 by removing restricted text (las). |
| Filing 88 AMENDED NOTICE OF HEARING ON MOTION re: #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support , #38 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 6/27/2014 AT 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Time change to 10:00 a.m. on 6/27/2014 Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) |
| Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on May 8, 2014 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. 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 6/23/2014. Redacted Transcript Deadline set for 7/3/2014. Release of Transcript Restriction set for 9/2/2014. (jmr) Modified on 9/3/2014 by removing restricted text (las). |
| Filing 85 NOTICE of Appearance by Thomas J. Burns on behalf of Curtis L. DeYoung (Burns, Thomas) |
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Filing 84
ORDER granting in part and denying in part #65 Motion re: Payment of Attorney Fees. Signed by Judge Robert J. Shelby on 5/30/2014. (chambers)
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| Filing 83 NOTICE of Receipt of Correspondence by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Exhibit A, correspondence from Asensus) (Wadley, Daniel) |
| Filing 82 NOTICE of Receipt of Correspondence by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Exhibit A, Correspondence from Ameritrade) (Wadley, Daniel) |
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Filing 81
ORDER granting #63 Motion to Retain Counsel for Insurance Coverage Issues. Signed by Judge Robert J. Shelby on 05/21/2014. (tls)
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Filing 80
ORDER granting #56 MOTION TO EXPEDITE CONSIDERATION OF MOTION FOR CLARIFICATION REGARDING ORDER APPOINTING RECEIVER, FREEZING ASSETS, AND OTHER RELIEF #54 . Signed by Judge Robert J. Shelby on 5/21/2014. (chambers)
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Filing 79
ORDER granting #54 MOTION FOR ORDER CLARIFYING #9 ORDER APPOINTING RECEIVER, FREEZING ASSETS, AND OTHER RELIEF. Signed by Judge Robert J. Shelby on 5/21/2014. (chambers)
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Filing 78
DOCKET TEXT ORDER EXTENDING #8 Temporary Restraining Order For the reasons stated on the record at the telephone status conference held 5/20/2014 AND at the hearing today, 5/21/2014, including the mutual consent and stipulation of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on 4/24/2014, through and including 6/27/2014. Accordingly, the court orders that the Temporary Restraining Order #8 shall remain in full force and effect through 6/27/2014, subject to further order of the court. So ordered by Judge Robert J. Shelby on 5/21/2014. (docket text only - no attached document) Signed by Judge Robert J. Shelby on 5/21/2014. (mjm)
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Filing 77
Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 5/21/2014. The court GRANTS #56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief and [ 63] MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues. Oral argument is heard re: #54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief. The court also GRANTS this motion. Mr. Mark Gaylord will submit a proposed order, reflecting the changes, made by the court. After a brief recess, the court addresses docket entry #65 MOTION to Release Profits of American Pension Services, Inc. for Payment of Attorney Fees filed by Defendant Curtis L. DeYoung. The court anticipates receiving further documentation from Mr. DeYoung, concerning this motion. On 6/27/2014 at 3:30 p.m., the court will hear #38 MOTION for Preliminary Injunction filed by Plaintiff Securities and Exchange Commission and #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver filed by Defendant Curtis L. DeYoung. The parties shall submit any deposition testimony or declarations they wish have considered in advance of the hearing and produce witnesses for cross-examination. The court enters an Order extending #8 Temporary Restraining Order. For the reasons discussed on the record during the telephone conference on 5/20/2014 and at the hearing today, including the mutual consent and stipulation of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on 4/24/2014, through and including 6/27/2014. Accordingly, the court orders that the Temporary Restraining Order #8 shall remain in full force and effect through 6/27/2014, subject to further order of the court. So ordered by Judge Robert J. Shelby on 5/21/2014. Attorney for Plaintiff: Daniel Wadley, Paul Feindt; Attorney for Defendant: Paul Moxley; Attorney for Receiver: Mark Gaylord. Court Reporter: Ray Fenlon. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(mjm)
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Filing 75
ORDER granting #71 Motion for Admission Pro Hac Vice of Scott S. Humphreys for Diane Thompson. 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 05/20/2014. (tls)
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| Filing 76 Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Status Conference held on 5/20/2014. Mr. Daniel Wadley, Mark Gaylord, Paul Moxley appear by phone. The court will hear the following pending motions at the hearing set for tomorrow, May 21 at 10:30 a.m. - #54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief, #56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief, #63 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues. The court will hear #38 MOTION for Preliminary Injunction on 6/20/2014 at 10:00 a.m. The court sets the following briefing schedule re: #66 MOTION to Dissolve Temporary Restraining Order - Memo in Opposition to be filed by 5/29/2014, Reply due by 6/5/2014. In the event Mr. Wadley intends to file a reply to #38 MOTION for Preliminary Injunction, reply is due by 6/12/2014. Mr. Wadley will notify the subpoenaed parties, not to appear for the motion for preliminary injunction, which was previously set for tomorrow. Attorney for Plaintiff: Daniel Wadley; Attorney for Defendant: Paul Moxley; Attorney for Receiver: Mark Gaylord, Court Reporter: Ray Fenlon.(mjm) |
| Filing 74 Motions No Longer Referred: #63 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues, #56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief , #54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief re #3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support and Memorandum in Support, #65 MOTION to Release Profits of American Pension Services, Inc. for Payment of Attorney Fees and Memorandum in Support , #66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support (chambers) |
| Filing 73 AMENDED NOTICE OF HEARING ON MOTION re: #54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief, #56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief , #63 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues : (Notice generated by Mary Jane McNamee) Motion Hearing set for 5/21/2014 at 10:30 AM in Rm 7.300 before Judge Robert J. Shelby. The court STRIKES the previously set hearing on #38 Plaintiff's MOTION for Preliminary Injunction. Other motions will be heard on 5/21/2014 at 10:30 a.m. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) |
| Filing 71 MOTION for Admission Pro Hac Vice of Scott S. Humphreys , Registration fee $ 15, receipt number 1088-2053887, filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Application for Pro Hac Vice Admission, #2 Exhibit B-Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Gaylord, Mark) |
| Filing 69 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Conference set for 5/20/2014 at 4:00 PM in Rm 7.300 before Judge Robert J. Shelby. Mr. Daniel Wadley will arrange and call the courtroom at 4:00 p.m. Mary Jane McNamee, Case Administrator. (mjm) |
| Filing 68 NOTICE OF HEARING ON MOTION re: #38 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 5/21/2014 at 10:30 AM in Rm 7.200 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) |
| Filing 67 Motions No Longer Referred: #56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief , #54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief re #3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support and Memorandum in Support shall be handled by the District Court. (amn) |
| Filing 66 MOTION to Dissolve Temporary Restraining Order and Suspend or Dissolve Order Appointing Receiver and Memorandum in Support filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Moxley, Paul) |
| Filing 65 MOTION to Release Profits of American Pension Services, Inc. for Payment of Attorney Fees and Memorandum in Support filed by Defendant Curtis L. DeYoung. Motions referred to Dustin B. Pead.(Moxley, Paul) |
| Filing 64 NOTICE of Limited Appearance by Curtis L. DeYoung (Moxley, Paul) |
| Filing 63 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Exhibit B) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
| Filing 62 AFFIDAVIT of Shannon Johnson Re: Second Supplemental Asset Freeze Request Directed to Bank of American Fork. (jwt) |
| Filing 61 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sealed Ex Parte Motion for Temporary Restraining Order held on April 24, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. (tls) |
| Filing 59 WITHDRAWAL OF MOTION by Receiver Diane Thompson re #58 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues filed by Diane Thompson . (Gaylord, Mark) |
| Filing 58 MOTION to Appoint Counsel to Receiver for Insurance Coverage Issues filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-Attorney Bio of Gary L. Johnson, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
| Filing 57 NOTICE of Receipt of Affidavit by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Affidavit Supplemental Alpine Securities) (Wadley, Daniel) |
| Filing 60 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Telephone Conference held on 5/15/2014. Parties appear telephonically. After hearing argument, the Court GRANTS the Receivers Emergency Motion for Writ #48 and issues the Writ of Seizure #55 . The Court concludes that under Utah Rule of Civil Procedure 64A, subsections (c)(1-3) have been met and that subsection (c)(5) has been established for the limited purpose of the writ. Attorney for Plaintiff: Dan Wadley, Attorney for Defendant: Paul Moxley and Tom Burns on behalf of the Defendant, and Mark Gaylord and Melanie Vartabedian on behalf of the Receiver. (ksm) |
| Filing 56 Ex Parte (Not Sealed) MOTION to Expedite Consideration of Motion for Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order Exhibit 1) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
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Filing 55
ORDER granting #48 Motion for Writ. Signed by Magistrate Judge Dustin B. Pead on 05/15/2014. (amn)
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| Filing 54 MOTION Clarification Regarding Order Appointing Receiver, Freezing Assets, and Other Relief re #3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Exhibit 2) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
| Filing 53 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Telephone Conference held on 5/14/2014. Parties appear telephonically. Attorney Paul Moxley states that he will accept service of the receivers Motion for Writ #48 on defendants behalf. Pursuant to Utah Rule of Civil Procedure 64A, the Court continues the hearing until May 15, 2014, in order to allow Defendant time within which to respond, if at all, to the motion. ( Telephone Conference set for 5/15/2014 05:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead.). Attorney for Plaintiff: Daniel Wadley, Attorney for Defendant: Paul Moxley, Mark Gaylord Melanie Vart-Bedian for Receiver. Court Reporter: electronic.(Time Start: 3:03:13 pm, Time End: 3:25:33 pm, Room 7.100.)Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ksm) |
| Filing 52 NOTICE OF TELEPHONIC HEARING ON MOTION re: #48 Emergency MOTION for Writ Seizure and Memorandum in Support .Motion Hearing set for 5/15/2014 05:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. As discussed by the parties, this hearing is a continuation of the telephonic hearing held on 4/14/2014. Instructions on appearing telephonically shall be delivered to the parties via email. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (amn) |
| Filing 51 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sealed Ex Parte Motion for Temporary Restraining Order held on April 24, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. (tls) |
| Filing 50 NOTICE OF TELEPHONIC HEARING ON MOTION re: #48 Emergency MOTION for Writ Seizure and Memorandum in Support : (Notice generated by DBP Chambers)Telephonic motion hearing set for 5/14/2014 at 3:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (amn) |
| Filing 49 NOTICE of Receipt of Affidavit by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Affidavit Brighton Bank) (Wadley, Daniel) |
| Filing 48 Emergency MOTION for Writ Seizure and Memorandum in Support filed by Receiver Diane Thompson. (Attachments: #1 Exhibit Declaration of Scott Humphreys, #2 Exhibit Declaration of Harry Segura, #3 Exhibit Declaration of Denise Segura, #4 Exhibit Declaration of Mark Hashimoto, #5 Exhibit Police Report, #6 Text of Proposed Order Proposed Writ of Seizure) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
| Filing 47 STATUS REPORT Preliminary Report of Receiver by Diane Thompson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaylord, Mark) |
| Filing 45 NOTICE of Receipt of Affidavit by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Affidavit Bank of American Fork) (Wadley, Daniel) |
| Filing 46 AFFIDAVIT of Shannon Johnson Re: Supplemental Asset Freeze Request Directed to Bank of American Fork. (jwt) |
| Filing 44 NOTICE of Receipt of Correspondence by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Exhibit A, Fidelity Correspondence) (Wadley, Daniel) |
| Filing 43 NOTICE of Receipt of Affidavit by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Affidavit Alpine Securities Corp.) (Wadley, Daniel) |
| Filing 42 NOTICE of Receipt of Affidavit by Securities and Exchange Commission re #9 Order on Motion to Appoint Receiver, (Attachments: #1 Affidavit Wells Fargo Advisors) (Wadley, Daniel) |
| Filing 72 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 5/8/2014, re: #8 TEMPORARY RESTRAINING ORDER and #38 MOTION for Preliminary Injunction filed by Securities and Exchange Commission. The court hears from cnsl. For the reasons stated on the record at the status conference, including the mutual consent of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on April 24, 2014, for fourteen (14) days. Accordingly, the court orders that the Temporary Restraining Order shall remain in full force and effect through May 22, 2104, subject to further order of the court. The court sets a further status conference for 5/21/2014 at 10:30 a.m. Attorney for Plaintiff: Daniel Wadley, Paul Feindt, Karen Martinez; Attorney for Defendant: Paul Moxley; Cnsl for the Receiver: Mark Gaylord and the receiver - Diane Thompson. Court Reporter: Ray Fenlon.(mjm) |
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Filing 41
DOCKET TEXT ORDER EXTENDING #8 Temporary Restraining Order. For the reasons stated on the record at the status conference held today, including the mutual consent of the parties, the court finds that there is good cause to extend the duration of the Temporary Restraining Order entered in this case on April 24, 2014, for fourteen (14) days. Accordingly, the court orders that the Temporary Restraining Order shall remain in full force and effect through May 22, 2104, subject to further order of the court. So ordered by Judge Robert J. Shelby on 5/8/14 (docket text only - no attached document) (alt)
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Filing 40
DOCKET TEXT ORDER. Non-parties who have received notice of the courts Order Appointing Receiver, Freezing Assets, and Other Relief of Receiver and Asset Freeze entered April 24, 2014 have provided and are expected to continue to provide to the court and parties affidavits and/or correspondence regarding assets held pertaining to the Defendants. The court directs the SEC to ensure that all such affidavits and/or correspondence are entered on the docket in this case by filing notice(s) with the relevant documents attached. The SEC shall take appropriate measures prior to filing said notice(s) and documents to redact and protect personal information and identifiers of individuals whose information may be included in the affidavits or correspondence. No attached document. Signed by Judge Robert J. Shelby on 5/8/2014. (mjm)
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| Filing 39 AMENDED NOTICE OF HEARING ON MOTION re: #38 MOTION for Preliminary Injunction and #8 TEMPORARY RESTRAINING ORDER as to American Pension Services and Curtis L. DeYoung: (Notice generated by Mary Jane McNamee) Motion Hearing set for 5/8/2014 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 scheduled for hearing on 5/8/2014 (mjm) |
| Filing 38 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit A, Pitts Deposition, #2 Exhibit B, Becker Deposition, #3 Exhibit C, Smith Deposition, #4 Exhibit D, Spreadsheet, #5 Exhibit E, Hashimoto Declaration, #6 Exhibit F, Funds Transfer Documents)(Wadley, Daniel) |
| Filing 33 DOCUMENTS LODGED consisting of redacted affidavit of Shannon Johnson, Bank of American Fork, dated April 28, 2014, regarding bank's response to court's Order Appointing Receiver, Freezing Assets, and Other Relief dated April 24, 2014. Redaction was done by the court. (Though the affidavit is stamped "sealed," case is now unsealed.) (acb) |
| Filing 32 DOCUMENTS LODGED consisting of redacted letter to clerk of court from Raymond James dated April 28, 2014, regarding Raymond James' response to court's Order Appointing Receiver, Freezing Assets, and Other Relief dated April 24, 2014. Redaction was done by the court. (acb) |
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Filing 37
DOCKET TEXT ORDER denying #34 Motion for Protective Order. Signed by Magistrate Judge Dustin B. Pead on 5/1/14. No attached document. (ksm)
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: TELEPHONIC Motion Hearing held on 5/1/2014 re #34 MOTION for Protective Order and Memorandum in Support filed by Judson T. Pitts. Counsel present for all parties. For the reasons stated on the record, the Court hereby DENIES the Motion For Protective Order. Motions terminated: #34 MOTION for Protective Order and Memorandum in Support filed by Judson T. Pitts. Attorney for Plaintiff: Daniel Wadley and Tom Melton, Attorney for Defendant: Mark Gaylord, Lester Perry. Court Reporter: electronic.(Time Start: 3:36:42 pm, Time End: 4:27:16 pm, Room 8.400.) (ksm) |
| Filing 35 AFFIDAVIT/DECLARATION of Judson T. Pitts in Support re #34 MOTION for Protective Order and Memorandum in Support filed by Movant Judson T. Pitts. (tls) |
| Filing 34 MOTION for Protective Order and Memorandum in Support filed by Movant Judson T. Pitts. Motions referred to Dustin B. Pead.(tls) |
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Filing 31
ORDER granting in part and denying in part #26 Motion for Writ. Signed by Magistrate Judge Dustin B. Pead on 05/01/2014. (amn)
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| Filing 30 NOTICE OF HEARING: (Notice generated by DBP Chambers) Telephone Conference re: Judson Pitts Motion for Protective Order set for 5/1/2014 03:30 PM in Rm 8.400 before Magistrate Judge Dustin B. Pead. COUNSEL TO RECEIVE CONFERENCE CALL INFORMATION BY EMAILCourt Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mas) |
| Filing 29 AFFIDAVIT/DECLARATION of Sam Belnap in Support re #26 Emergency MOTION for Writ of Entry and Memorandum in Support (EX PARTE) filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-screen shot)(Gaylord, Mark) |
| Filing 28 AFFIDAVIT/DECLARATION of Robert S. Kaplan in Support re #26 Emergency MOTION for Writ of Entry and Memorandum in Support (EX PARTE) filed by Receiver Diane Thompson. (Attachments: #1 Exhibit A-screen shot)(Gaylord, Mark) |
| Filing 27 AFFIDAVIT/DECLARATION of Daniel M. Benjamin in Support re #26 Emergency MOTION for Writ of Entry and Memorandum in Support (EX PARTE) filed by Receiver Diane Thompson. (Gaylord, Mark) |
| Filing 26 Emergency MOTION for Writ of Entry and Memorandum in Support (EX PARTE) filed by Receiver Diane Thompson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gaylord, Mark) |
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Filing 25
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge Robert J. Shelby on 5/1/14 (docket text only - no attached document) (alt)
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| Filing 24 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 5/8/2014 at 9:30 AM in Rm 7.300 before Judge Robert J. Shelby, re: docket entry #8 TEMPORARY RESTRAINING ORDER as to American Pension Services and Curtis L. DeYoung and Order Accelerating Discovery, which will remain in force and effect through 5/8/2014, subject to further order from the court. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. (mjm) |
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Filing 23
DOCKET TEXT ORDER re #14 Order of Recusal. The conflict that caused Judge Shelby's recusal has been resolved. Accordingly, it is hereby ORDERED that the case be transferred back to Judge Shelby. No attached document Signed by Judge Clark Waddoups on 4/30/2014. (aw)
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| Filing 22 WAIVER OF SERVICE Returned Executed filed by Securities and Exchange Commission as to American Pension Services Waiver sent on 4/28/2014, answer due 6/27/2014. (Wadley, Daniel) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by Securities and Exchange Commission as to Curtis L. DeYoung Waiver sent on 4/28/2014, answer due 6/27/2014. (Wadley, Daniel) |
| Judge Robert J. Shelby added. Judge Clark Waddoups no longer assigned to case. (jwt) |
| Filing 20 NOTICE of of Non-Continuation of Representation of American Pension Services, Inc. and Curtis L. DeYoung by American Pension Services, Curtis L. DeYoung (Van Wagoner, Richard) |
| Filing 19 NOTICE OF Unsealing Civil Case. (jmr) |
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Filing 18
ORDER granting #15 Motion to Unseal Case. Signed by Judge Clark Waddoups on 4/29/14. (jmr)
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| Filing 70 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 4/28/2014. The court hears from cnsl and Mr. Judson Pitts. Mr. Sam Alba, informs the court that Mr. Max Wheeler may also enter a notice of appearance. After a short break, the court recuses from the case. Immediately following the hearing a new judge will be assigned to the case. (Post hearing - Judge Waddoups is the newly assigned judge) Attorney for Plaintiff: Daniel Wadley; Attorney for Defendant: Sam Alba, Rick Van Wagoner. Receiver; Diane Thompson and cnsl - Melanie Vartabedian; Movant: Judson Pitts. Court Reporter: Ray Fenlon. (mjm) |
| Filing 17 NOTICE of Appearance by Samuel Alba on behalf of American Pension Services, Curtis L. DeYoung. (jmr) |
| Filing 16 NOTICE of Appearance by Richard A. Van Wagoner on behalf of American Pension Services, Curtis L. DeYoung. (jmr) |
| Filing 15 MOTION to Unseal Case filed by Plaintiff Securities and Exchange Commission. (jmr) |
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Filing 14
ORDER OF RECUSAL: Judge Robert J. Shelby recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Robert J. Shelby on 4/28/14 (alt)
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| Filing 13 NOTICE of Appearance by Mark R. Gaylord on behalf of Diane Thompson. (tls) |
| Filing 12 NOTICE of Appearance by Melanie J. Vartabedian on behalf of Diane Thompson. (tls) |
| Filing 11 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sealed Ex Parte Motion for Temporary Restraining Order held on April 24, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. (tls) |
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Filing 9
ORDER granting #3 Motion to Appoint Receiver, Freeze Assets and Other Releif. Diane Thompson of Ballard Spahr, LLP is hereby appointed to serve without bond as receiver for the estates of the Receivership Defendants. Signed by Judge Robert J. Shelby on 4/24/14 (Attachments: #1 Exhibit A) (alt)
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Filing 8
TEMPORARY RESTRAINING ORDER as to American Pension Services and Curtis L. DeYoung and Order Accelerating Discovery. Signed by Judge Robert J. Shelby on 4/24/14 (alt)
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Filing 7
ORDER granting #2 Motion to Seal Case. Signed by Judge Robert J. Shelby (alt) (Additional attachment(s) added on 4/24/2014: #1 Mailing Certificate) (alt).
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| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Curtis L. DeYoung. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to American Pension Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jds) |
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Filing 4
ORDER OF RECUSAL Judge Tena Campbell recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Signed by Judge Tena Campbell on 04/24/2014. (Docket Text Order - no document attached)(rks)
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| Filing 3 MOTION for Temporary Restraining Order, MOTION to Appoint Receiver and Memorandum in Support filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Supplement Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Text of Proposed Order For Temporary Restraining Order, #28 Text of Proposed Order to Appoint Receiver)(rks) |
| Filing 2 MOTION to Seal Case filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(rks) |
| Filing 1 COMPLAINT against American Pension Services, Curtis L. DeYoung (Fee Status: Waived) (Electronic document provided on disc.), filed by Securities and Exchange Commission. Assigned to Judge Tena Campbell (rks) |
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