USA v. RaPower-3 et al
Plaintiff: USA
Defendant: RaPower-3, LTB1, Neldon Johnson, Roger Freeborn, International Automated Systems and R. Gregory Shepard
Petitioner: Kenneth Birrell, Ken Oveson, Todd Anderson, Cody Buck and David Mantyla
Respondent: LaGrand Johnson, XSun Energy, Solco I, Randale Johnson, Pacific Stock Transfer, Heideman & Associates and Glenda Johnson
Other: Starlight Holdings, Solstice Enterprises, NP Johnson Family Limited Partnership and Black Night Enterprises
Not Yet Classified: Wayne Klein
Interested Party: Nelson Snuffer Dahle Poulsen PC
Case Number: 2:2015cv00828
Filed: November 23, 2015
Court: US District Court for the District of Utah
Office: Central Office
County: Millard
Presiding Judge: Evelyn J Furse
Referring Judge: David Nuffer
Nature of Suit: Taxes
Cause of Action: 26:7402
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 Filing 749 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
August 16, 2019 Filing 748 Motions No Longer Referred: #746 MOTION To Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019 (nas)
August 15, 2019 Filing 747 RESPONSE re #724 Status Report, filed by Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Exhibit 6-19-02 ltr to J McGrath, #2 Exhibit McGrath email 10-12-02, #3 Exhibit Alpine Securities 2012 1099, #4 Exhibit 3-15-19 ltr to W Klein, #5 Exhibit McGrath email 10-23-02, #6 Exhibit Pacific Stock Transfer IAS Shareholder & Certificate Detail, #7 Exhibit 10-10-03 ltr to Smith Barney, #8 Exhibit IAS Certificate No 5803) Attorney Denver C. Snuffer, Jr added to party Nelson Snuffer Dahle Poulsen PC(pty:ip)(Snuffer, Denver)
August 15, 2019 Filing 746 MOTION To Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019 filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Time Summary, #2 Exhibit B - Time Detail, #3 Exhibit C - Expense Reimbursement, #4 Exhibit D - Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
August 8, 2019 Filing 745 MEMORANDUM in Opposition re #736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Respondents LaGrand Johnson, Randale Johnson. (Attachments: #1 Exhibit Table Comparing Lawsuits, #2 Exhibit List of Transactions invovling Randale and LaGrand Johnson, #3 Exhibit Court Information Regarding Judge Nuffer's Move to St. George)(Paul, Steven)
August 5, 2019 Filing 744 NOTICE of Sale Results, San Bernardino by Wayne Klein re #668 Order on Motion for Miscellaneous Relief (Attachments: #1 Affidavit Publication Affidavit) (Lehr, Michael)
August 5, 2019 Filing 743 NOTICE of Sale Results HD-4658-1 by Wayne Klein re #689 Order on Motion for Miscellaneous Relief (Attachments: #1 Affidavit Publication Affidavit) (Lehr, Michael)
August 5, 2019 Filing 742 **SEALED DOCUMENT** re #738 Declaration,,,,,,, filed by Defendant Neldon JohnsonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Wall, Edwin)
August 5, 2019 Opinion or Order Filing 741 DOCKET TEXT ORDER GRANTING #739 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Evelyn J. Furse on 8/5/2019. No attached document. (nas)
August 2, 2019 Filing 740 MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (320-Acre Millard County Property HD-4612) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
August 2, 2019 Filing 739 MOTION for Leave to File Sealed Document filed by Defendant Neldon Johnson. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wall, Edwin)
August 2, 2019 Filing 738 DECLARATION of Neldon Johnson filed by Neldon Johnson. (Attachments: #1 Exhibit Exhibit A - Amended License Agreements, #2 Exhibit Exhibit A - Assets at Delta Utah Facility, #3 Exhibit Exhibit A - Assets at Delta Utah Facility #1 , #4 Exhibit Exhibit B (01) - Real Property in the Name of Glenda Johnson, #5 Exhibit Exhibit B (01) - Real Property in the Name of Glenda Johnson #1 , #6 Exhibit Exhibit B (02) Real Property Owned by Defendants.Entites, #7 Exhibit Exhibit B (02) Real Property Owned by Defendants.Entites #1 , #8 Exhibit Exhibit C (01) - List of Patents, #9 Exhibit Exhibit C (01) - List of Patents, #10 Exhibit Exhibit C (01) - List of Patents, #11 Exhibit Exhibit C (02) List of Patents - Located in Boxes #1 , #12 Exhibit Exhibit D - Patents assigned by Black Night Enterprises (1), #13 Exhibit Exhibit D - Patents assigned by Black Night Enterprises (1) #1 , #14 Exhibit Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1), #15 Exhibit Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1), #16 Exhibit Exhibit F - Bank Accounts owned by Receiver Defendants (1), #17 Exhibit Exhibit F - Bank Accounts owned by Receiver Defendants (1) #1 , #18 Exhibit Exhibit G- Shares as per IAS Minutes (1), #19 Exhibit Exhibit G- Shares as per IAS Minutes (1) #1 , #20 Exhibit Exhibit H 01 - Final Letter to court, #21 Exhibit Exhibit H 02 - Company Information 10-31-18, #22 Exhibit Exhibit H 03 - IAUS- TransJrl, #23 Exhibit Exhibit H 04 - Shareholder List Active ONLY Holders, #24 Exhibit Exhibit H 05 - Shareholder List Active-Inactive Holders, #25 Exhibit Exhibit I - Bank Account Transactions over $1000 8-2-19 REDACTED, #26 Exhibit J, #27 Exhibit Exhibit K - Inventory of Docs at NSDP, #28 Exhibit Exhibit L - Boxes and Documents at Nelson Snuffer Dahle)(Wall, Edwin)
August 1, 2019 Filing 737 Motions No Longer Referred: #736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) (nas)
July 31, 2019 Filing 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
July 31, 2019 Filing 735 MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (120-Acre Millard County Property HD-4609) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
July 30, 2019 Opinion or Order Filing 734 ORDER of USCA 10th Circuit as to #626 Notice of Appeal: petition for rehearing is denied (alt)
July 26, 2019 Filing 733 NOTICE of email submission with redline draft regarding civil contempt order by USA re #725 Order on Motion for Extension of Time, #701 Contempt Order,,, Terminate Motions,, (Attachments: #1 July 26, 2019 email from Erin Healy Gallagher with attached word-processing redline of draft declaration of Neldon Johnson) (Gallagher, Erin)
July 25, 2019 Opinion or Order Filing 732 ORDER granting #709 Motion for Attorney Fees in re Civil Contempt: R. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable to the Receiver and shall cause a certified check to be delivered to counsel for the total amount of 31,563.52 by no later than 8/15/19. Signed by Judge David Nuffer on 7/25/19 (alt)
July 25, 2019 Opinion or Order Filing 731 ORDER granting #707 Motion for Attorney Fees in re Civil Contempt: R. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable to the USA and shall cause a certified check to be delivered to counsel for the total amount of $25,146.85 by no later than 8/15/19. Signed by Judge David Nuffer on 7/25/19 (alt) Modified on 7/25/2019: corrected entry text (alt)
July 25, 2019 Opinion or Order Filing 730 ORDER granting #729 Motion for Leave For All Parties to File all exhibits and red-line responses re: N. Johnson's draft declaration Under Seal and without redacted versions. For clarification, this motion does not pertain to the filing of the final signed Declaration due on 8/2/19. Signed by Magistrate Judge Evelyn J. Furse on 7/25/19 (alt)
July 23, 2019 Filing 729 MOTION for Leave to File all exhibits and red-line responses re: N. Johnson's draft declaration Under Seal and without redacted versions filed by Defendant Neldon Johnson. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wall, Edwin) Modified on 7/25/2019: corrected motion relief and entry text (alt)
July 22, 2019 Filing 728 DOCUMENTS LODGED consisting of 2019 July 5 Email from Steven Paul re: Compliance Declarations. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
July 22, 2019 Filing 727 REQUEST to Submit for Decision re #709 MOTION for Attorney Fees and Memorandum in Support , #707 MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
July 19, 2019 Filing 726 CERTIFICATE OF SERVICE by Neldon Johnson Draft Declaration of Neldon Johnson (Wall, Edwin)
July 19, 2019 Opinion or Order Filing 725 ORDER granting #706 Motion for Extension of Time for Production of Neldon Johnson's Declarations. Signed by Judge David Nuffer on 7/19/19 (alt)
July 18, 2019 Filing 724 STATUS REPORT Receiver's Third Quarterly Status Report by Wayne Klein. (Lehr, Michael)
July 18, 2019 Opinion or Order Filing 723 ORDER granting #713 Motion to Approve Sale of 80-Acre Millard County Property HD-4657. Signed by Magistrate Judge Evelyn J. Furse on 7/18/19 (alt)
July 18, 2019 Opinion or Order Filing 722 ORDER granting #712 Motion to Approve Sale of 40-Acre Millard County Property HD-4654. Signed by Magistrate Judge Evelyn J. Furse on 7/18/19 (alt)
July 12, 2019 Filing 721 Please be advised the Record is complete for purposes of appeal for USCA case number re #698 Notice of Appeal (alt)
July 12, 2019 Filing 720 NOTICE of Intent to Respond Regarding Declarations of Glenda Johnson, LaGrand Johnson, and Randale Johnson by Wayne Klein re #716 Declaration, #715 Declaration, #714 Declaration (Lehr, Michael)
July 8, 2019 Opinion or Order Filing 719 ORDER granting #682 Motion for Cancellation of International Automated Systems' Shares: all equity in IAS shares is cancelled - IAS shares have no value, including any common shares, preferred shares, or warrants in IAS shares. Signed by Judge David Nuffer on 7/8/19 (alt)
July 8, 2019 Opinion or Order Filing 718 MEMORANDUM DECISION AND ORDER overruling #664 , #665 , and #675 Objections re inclusion of affiliates and subsidiaries. Signed by Judge David Nuffer on 7/8/19 (alt)
July 5, 2019 Filing 717 RESPONSE to Motion re #706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 958, email correspondence from E. Wall to E. Healy Gallagher et al.)(Gallagher, Erin)
July 5, 2019 Filing 716 DECLARATION of Randale Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Randale Johnson. (Paul, Steven)
July 5, 2019 Filing 715 DECLARATION of LaGrand Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by LaGrand Johnson. (Paul, Steven)
July 5, 2019 Filing 714 DECLARATION of Glenda Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Glenda Johnson. (Paul, Steven)
July 2, 2019 Filing 713 MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (80-Acre Millard County Property HD-4657) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
July 2, 2019 Filing 712 MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (40-Acre Millard County Property HD-4654) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
July 2, 2019 Filing 711 MANDATE of USCA as to #626 Notice of Appeal filed by Neldon Johnson. According to the USCA the appeal of the USDC for the Dist of UT is dismissed. (jmr)
July 1, 2019 Filing 710 Motions No Longer Referred: #709 MOTION for Attorney Fees and Memorandum in Support , #707 MOTION for Attorney Fees and Memorandum in Support , #706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson (nas)
July 1, 2019 Filing 709 MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Declaration of Michael S. Lehr, #2 Declaration of Wayne Klein, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
July 1, 2019 Filing 708 RESPONSE to Motion re #706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Respondent Glenda Johnson. (Snuffer, Denver)
July 1, 2019 Filing 707 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Declaration of Erin Healy Gallagher, #2 Exhibit Pl. Ex. 957, Summary of US attorneys' fees and costs, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
June 28, 2019 Filing 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Defendant Neldon Johnson. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wall, Edwin) Modified on 7/1/2019: corrected entry text (alt)
June 28, 2019 Filing 705 NOTICE of email submission with redline drafts regarding civil contempt order by USA re #704 Declaration, #703 Declaration, #701 Contempt Order,,, Terminate Motions,, (Attachments: #1 June 28, 2019 email from Erin Healy Gallagher with comments and attached word-processing redline drafts) (Gallagher, Erin)
June 25, 2019 Filing 704 DECLARATION of Randale Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by Randale Johnson. (Paul, Steven)
June 25, 2019 Filing 703 DECLARATION of LaGrand Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by LaGrand Johnson. (Paul, Steven)
June 25, 2019 Opinion or Order Filing 702 ORDER granting #642 Motion for Attorney Fees: Pacific Stock Transfer shall pay reasonable fees and costs in the total amount of $6,160.40 to the Receiver in full by no later than 8/1/19. Signed by Judge David Nuffer on 6/25/19 (alt)
June 25, 2019 Opinion or Order Filing 701 ORDER OF CONTEMPT granting #559 MOTION for Order to Show Cause. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are guilty of civil contempt of the Corrected Receivership Order (Gregory Shepard purged his contempt as of 5/23/19). Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable for attorneys' fees and costs incurred by both USA and Receiver to enforce the CRO and for all litigation related to the Motion, including the Receiver's fees. Motions for fees and costs are due no later than 7/1/19. Signed by Judge David Nuffer on 6/25/19 (alt)
June 25, 2019 Filing 700 USCA Case Number Case Appealed to Tenth Case Number 19-4089 for #698 Notice of Appeal, filed by Starlight Holdings, Solstice Enterprises, XSun Energy, Solco I, NP Johnson Family Limited Partnership, Black Night Enterprises. (jmr)
June 24, 2019 Filing 699 Transmission of Preliminary Record to USCA re #698 Notice of Appeal. (Attachments: #1 Appendix)(jmr)
June 24, 2019 Filing 698 NOTICE OF APPEAL as to #636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Black Night Enterprises, NP Johnson Family Limited Partnership, Solco I, Solstice Enterprises, Starlight Holdings, XSun Energy. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3308724. (Paul, Steven)
June 24, 2019 Filing 697 NOTICE of email submission of draft opinion and order on United States' motion for order to show cause re civil contempt by USA re #559 MOTION for Order to Show Cause (Attachments: #1 Text of Proposed Order) (Gallagher, Erin)
June 19, 2019 Filing 696 REPLY to Response to Motion re #682 MOTION Cancellation of IAS Shares re #552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Receiver Wayne Klein. (Attachments: #1 Exhibit USPTO Documents, #2 Exhibit Patent License Agreement)(Lehr, Michael)
June 12, 2019 Filing 694 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on May 28, 2019, before Judge David Nuffer, re #626 Notice of Appeal, #472 Notice of Appeal, #445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Rebecca Janke, 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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019 (alt)
June 12, 2019 Filing 692 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Closing Arguments and Court's Ruling held on May 28, 2019, before Judge David Nuffer, re #626 Notice of Appeal, #472 Notice of Appeal, #445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, 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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019 (alt)
June 10, 2019 Filing 691 NOTICE of email submission of draft opinion and order on United States' motion for order to show cause re civil contempt by USA re #559 MOTION for Order to Show Cause (Attachments: #1 Text of Proposed Order June 10, 2019 email from Erin Healy Gallagher with attached word-processing draft opinion and order) (Gallagher, Erin)
June 7, 2019 Filing 690 Defendant's RESPONSE to Motion re #682 MOTION Cancellation of IAS Shares re #552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Defendant International Automated Systems. (Attachments: #1 Exhibit Exhibit A)(Snuffer, Denver)
June 6, 2019 Opinion or Order Filing 689 ORDER granting #661 Motion to Approve (1) Public Sale of Millard County Property, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures. Signed by Judge David Nuffer on 6/6/19 (alt)
June 6, 2019 Opinion or Order Filing 688 ORDER granting #651 Motion to Approve Receiver's Second Interim Fee Application. Signed by Judge David Nuffer on 6/6/19 (alt)
June 6, 2019 Filing 687 RESPONSE re #664 Objections, #675 Objections, #665 Objections,,re Memorandum Decision and Order Including Affiliates in Receivership Estate filed by Wayne Klein. (Attachments: #1 Exhibit Neldon Johnson Deposition Citation)(Lehr, Michael)
May 28, 2019 Filing 686 Witness and Exhibit List for hearings held 4/26/2019, 5/3/2019 and 5/28/2019 before Judge David Nuffer. (asb)
May 28, 2019 Filing 685 Minute Entry for proceedings held before Judge David Nuffer: Motion Hearing held on 5/28/2019 re #559 MOTION for Order to Show Cause filed by USA, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein. Counsel and pro se parties present. Mr. Wall stated that Neldon Johnson has retained Denver Snuffer. However, Mr. Snuffer is unable to certify that he is unable to go forward with todays proceedings and would request a continuance. The order issued 5/18/2019 states that if Mr. Johnson was to retain counsel, that they would be certified to be ready for todays proceedings. Mr. Snuffer addressed the court on the retention and preparedness for the contempt proceedings. If Mr. Snuffer is not allowed to represent Mr. Johnson, then Mr. Johnson would request to proceed pro se. Court stated that the hearing will go forward today as scheduled, then, if this hearing is continued to a future date, Mr. Snuffer would be allowed to appear on behalf of Mr. Johnson. Government responded to Mr. Wall and Mr. Snuffers statements. Mr. Lehr agreed with going forward today.Mr. Klein returned to complete direct examination. Government moved for the admission of Exhibit 955. No objection. Court received. Government moved for the admission of Exhibit 952. No objections. Court received. Government moved for the admission of Exhibit 954. No objections. Court received. Government moved for the admission of Exhibit 953. No objections. Court received. Mr. Lehr moved for the admission of Exhibit 2088. No objections. Court received. Witness excused.Government has no further witnesses. Mr. Wall has no witnesses. Mr. Paul has no witnesses. Mr. Shepard would like to provide testimony of himself, and will call Neldon, Glenda, Randale and LeGrand Johnson. Mr. Shepard sworn and testified. Mr. Shepard excused.Government requested Mr. Shepard provide a proffer on what testimony he intends to obtain to the additional witnesses as how their testimony would apply to his compliance. Mr. Wall objects to his client, Neldon Johnson, to be called. Mr. Shepard would only call the witnesses to prove his innocence, not as their testimony applies to the contempt charge. Final argument heard. Court stated the facts for the record. Ms. Healy-Gallagher to prepare and submit the draft order by 6/10/2019 to opposed counsel/parties, objections in redline due 6/17/2019, final version due to court by 6/24/2019.6/28/2019 Neldon Johnson to provide a draft of complete statements of records, inventory of what has been produced. 7/8/2019 final version to be submitted to court.Glenda Johnson to go through the produced information and itemize with statement that complies with paragraphs 4 and 5 of the #676 order.LeGrande and Randale Johnson to provide statements to comply with paragraph 24 of the #676 order.Receiver to file by 7/1/2019 a motion award of attorneys fees.Court made further findings as to contempt for the proposed order. No fines or incarceration are being ordered at this time. Mr. Wall stated that his client is now satisfied with Mr. Walls representation and will not be changing counsel at this time.Mr. Wall to submit a motion and order for appointment of additional persons to assist in complying with the courts order. The motion for withdraw is now denied. Mr. Wall to report any time that Mr. Johnson fails to appear at scheduled appointments.Court adjourned.Attorney for Plaintiff: Erin Healy Gallagher. Attorney for Receiver: Michael Lehr. Attorney for Defendant: Ed Wall, Denver Snuffer, Steven Paul,, Gregory Shepard. Court Reporters: Becky Janke, Kelly Hicken (Time Start: 8:25, Time End: 4:32, Room 7.300.)(asb) Modified on 5/29/2019 to correct date hearing held (asb).
May 28, 2019 Filing 683 Motions No Longer Referred: #682 MOTION Cancellation of IAS Shares re #552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan (jjm)
May 27, 2019 Filing 682 MOTION Cancellation of IAS Shares re #552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Excerpt from Neldon Johnson Deposition, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
May 24, 2019 Filing 684 DECLARATION on Accounting filed by Neldon Johnson (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 - last 17 pages are scanned as-is, the originals were skewed, cutting off text) (alt)
May 24, 2019 Opinion or Order Filing 681 ORDER directing living expenses allowance for R. Gregory Shepard. Signed by Judge David Nuffer on 5/24/19 (alt)
May 24, 2019 Opinion or Order Filing 680 ORDER re Objections to #638 Notice re: Compliance and Adverse Inferences: #644 Response (NOT to motion) is overruled, and #645 Objection is stricken. Signed by Judge David Nuffer on 5/24/19 (alt)
May 24, 2019 Filing 679 STIPULATION re #543 Errata, #526 Receivers Financial Report Receiver's Recommendation for Living Expenses Allowance for Gregory Shepard by Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
May 24, 2019 Opinion or Order Filing 678 DOCKET TEXT ORDER re #677 Order: The Receiver is ordered to serve a copy of the Order re Contempt upon Pacific Stock Transfer Company as no counsel has appeared for the 'Respondent'. So ordered by Judge David Nuffer on 5/24/19 (docket text only - no attached document) (alt)
May 24, 2019 Opinion or Order Filing 677 ORDER RE CIVIL CONTEMPT of Pacific Stock Transfer Company, granting #576 Motion for Order to Show Cause. Signed by Judge David Nuffer on 5/24/19 (alt)
May 24, 2019 Opinion or Order Filing 676 WRITTEN ORDER for Production, following 634 Minute Order on Motion for Order to Show Cause (follows oral order/hearing of 5/3/19). Signed by Judge David Nuffer on 5/24/19 (alt)
May 24, 2019 Filing 675 OBJECTIONS to #636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings. (Snuffer, Denver)
May 24, 2019 Filing 674 NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings (Snuffer, Denver)
May 24, 2019 Opinion or Order Filing 673 ORDER granting #628 Motion to Commence Legal Proceedings. Signed by Judge David Nuffer on 5/24/19 (alt)
May 24, 2019 Opinion or Order Filing 672 STIPULATED ORDER Regarding Funds Held By Glenda Johnson, following 634 Hearing/Minute Order on #576 Motion for Order to Show Cause. Signed by Judge David Nuffer on 5/24/19 (alt) Modified on 5/24/2019: added link to underlying motion (alt)
May 24, 2019 Filing 671 DOCUMENTS LODGED consisting of correspondence between parties regarding proposed orders. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Additional follow-up correspondence between parties regarding, and with copies of, proposed orders.)(elm) Modified on 5/24/2019: the PDf of this correspondence was emailed to R. Gregory Shepard by the law clerk (alt)
May 23, 2019 Opinion or Order Filing 668 ORDER granting #610 Motion Regarding Public Sale of San Bernadino Property. Signed by Judge David Nuffer on 5/23/19 (alt)
May 23, 2019 Filing 667 NOTICE OF DEFICIENCY re #666 Objections. The document was filed as if by Glenda Johnson, however the attached document does not identify her as a filing party and instead indicates several non-parties to this case as filers. The document will be marked as filed in error. Filers are reminded that they must contact the court to have parties added before attempting to file on behalf of any party not already named in the case. (alt)
May 23, 2019 Filing 666 ERROR: NOT FILED BY G. JOHNSON - OBJECTIONS to #636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Glenda Johnson. (Snuffer, Denver) Modified on 5/23/2019: marked as filed in error, incorrectly added text removed (alt)
May 23, 2019 Filing 665 OBJECTIONS to #636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Solco I. (Attachments: #1 Exhibit Kirton McConkie Memorandum, #2 Exhibit K&M Purchase Contract for Solco I, #3 Exhibit Solco Escrow Agreement (redacted))(Paul, Steven)
May 23, 2019 Filing 664 OBJECTIONS to #636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by XSun Energy. (Attachments: #1 Exhibit Checks to XSun, #2 Exhibit Correspondence with Kirton & McConkie, #3 Exhibit Engagement Agreement with Kirton & McConkie, #4 Exhibit Invoices to XSun)(Paul, Steven)
May 21, 2019 Filing 670 NOTICE of Tolling by Neldon Johnson (Attachments: #1 Copy of USCA Order) (alt)
May 21, 2019 Filing 669 DECLARATION of Neldon P. Johnson filed by Neldon Johnson (alt)
May 21, 2019 Filing 663 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on May 3, 2019, before Judge David Nuffer, re #626 Notice of Appeal, #472 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019 (alt)
May 20, 2019 Filing 662 Motions No Longer Referred: #661 MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (jjm)
May 20, 2019 Filing 661 MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
May 18, 2019 Opinion or Order Filing 660 ORDER taking under advisement #657 Motion to Withdraw as Attorney. Mr. Wall is, and shall continue to be, counsel of record for Defendant Neldon Johnson in connection with the pending contempt proceedings in this case. Should another qualified attorney timely enter an appearance for Johnson, certifying readiness to proceed, the court may take action on the motion. In the meantime, Mr. Wall and Mr. Johnson are expected to attend and be fully prepared for the previously-scheduled May 28, 2019 hearing and all related proceedings in this case. Any party having an email address for Mr. Johnson shall serve a copy of this order on Mr. Johnson by email. Signed by Judge David Nuffer on May 18, 2019. (DN)
May 17, 2019 Filing 659 REPLY to Response to Motion re #628 MOTION to Commence Legal Proceedings filed by Receiver Wayne Klein. (Lehr, Michael)
May 17, 2019 Filing 658 Motions No Longer Referred: #657 MOTION to Withdraw as Attorney And For Standby Designation (elm)
May 17, 2019 Filing 657 MOTION to Withdraw as Attorney And For Standby Designation filed by Defendant Neldon Johnson. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wall, Edwin)
May 16, 2019 Filing 656 DECLARATION of R. Gregory Shepard Third Supplemental Declaration in Compliance with ECF 491 p.26 filed by R. Gregory Shepard. (Attachments: #1 Exhibit Expenses over $1000)(Paul, Steven)
May 16, 2019 Filing 655 NOTICE of Appearance by Edwin S. Wall on behalf of Neldon Johnson (Wall, Edwin)
May 16, 2019 Filing 654 NOTICE OF FILING of Proposed Order Re: Civil Contempt of Pacific Stock Transfer Company filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
May 16, 2019 Filing 653 Motions No Longer Referred: #651 MOTION for Second Interim Fee Application for 1/1/2019 - 3/31/2019 (nas)
May 16, 2019 Opinion or Order Filing 652 DOCKET TEXT Order Finding Mr. Neldon Johnson Indigent. Court orders the Appointment of CJA Counsel, Edwin S. Wall for Neldon Johnson. No attached document. Signed by Judge David Nuffer on 5/16/2019. (asb)
May 15, 2019 Filing 651 MOTION for Second Interim Fee Application for 1/1/2019 - 3/31/2019 filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Time Summary, #2 Exhibit B - Time Detail, #3 Exhibit C - Expenses, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
May 14, 2019 Filing 650 **SEALED DOCUMENT** re #637 Order,,,,, Set Deadlines,,,, filed by Defendant R. Gregory ShepardNOTE: Filer is instructed to serve the sealed document on all other parties.. (Paul, Steven)
May 13, 2019 Filing 649 NOTICE of Service upon Pacific Stock Transfer Company by Wayne Klein re #642 MOTION for Attorney Fees re #576 Motion for Order to Show Cause - PSTC and Proposed Order (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Affidavit of Process Server) (Lehr, Michael)
May 10, 2019 Filing 648 DECLARATION of R. Gregory Shepard (Second) Relating to Compliance Verification of ECF 491 paragraph 24 filed by R. Gregory Shepard. (Attachments: #1 Exhibit Attachment 1 - Ameritrade, #2 Exhibit Attachment 2 - Closing Documents)(Paul, Steven)
May 10, 2019 Filing 647 Motions No Longer Referred: #642 MOTION for Attorney Fees re #576 Motion for Order to Show Cause - PSTC (nas)
May 9, 2019 Filing 646 Proposed Witness/Exhibit List by Neldon Johnson (alt)
May 9, 2019 Filing 645 STRICKEN PER #680 ORDER - OBJECTIONS to #638 Notice from the Court Re: Compliance and Adverse Inferences filed by Neldon Johnson (alt) Modified on 5/24/2019: added stricken info to entry (alt)
May 8, 2019 Filing 644 RESPONSE re #638 Notice (Other),Court's Notice RE Compliance and Adverse Inferences filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Search Warrant Items Seized)(Paul, Steven)
May 8, 2019 Filing 643 RESPONSE to Motion re #628 MOTION to Commence Legal Proceedings filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson, Solco I, XSun Energy. Attorney Steven R. Paul added to party LaGrand Johnson(pty:res), Attorney Steven R. Paul added to party Randale Johnson(pty:res)(Paul, Steven) Modified on 5/9/2019: corrected carried-forward text (alt)
May 8, 2019 Filing 642 MOTION for Attorney Fees re #576 Motion for Order to Show Cause - PSTC filed by Receiver Wayne Klein. (Attachments: #1 Affidavit Declaration of Michael Lehr, #2 Affidavit Declaration of Wayne Klein) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 5/9/2019: corrected entry text (alt)
May 7, 2019 Filing 640 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 26, 2019, before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, 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 5/28/2019. Redacted Transcript Deadline set for 6/7/2019. Release of Transcript Restriction set for 8/5/2019 (alt)
May 6, 2019 Filing 638 NOTICE from the Court Re: Compliance and Adverse Inferences. Signed by Judge David Nuffer. (dla)
May 6, 2019 Opinion or Order Filing 637 ORDER Directing R. Gregory Shepard to Submit Information; Directing Receiver to Confer with R. Gregory Shepard; and Directing Receiver to Make Recommendation: Based on information developed at the hearing on May 3, 2019, Defendant R. Gregory Shepard must complete a summary of his financial circumstances, including a complete statement of income, expenses, assets, and liabilities. Shepard must file this summary under seal and deliver a copy to the Receiver by May 15, 2019. Thereafter, the Receiver must confer with Shepard regarding Shepard's financial circumstances and evaluate the adequacy of the living expenses allowance Shepard receives. The Receiver is further directed to file a recommendation for any changes to Shepards living expenses allowance by May 24, 2019. The law firm of Nelson Snuffer Dahle & Poulsen is directed to e-mail a copy of this Order to Defendant R. Gregory Shepard immediately. Signed by Judge David Nuffer on 5/6/19. (dla)
May 3, 2019 Opinion or Order Filing 636 MEMORANDUM DECISION AND ORDER granting #582 Receiver's Motion to Include Affiliates and Subsidiaries in Receivership. Any person who may have an objection to this Memorandum Decision and Order, whether in whole or in part, must file such objection in this case within 21 days of receiving actual notice of this Memorandum Decision and Order or else such objection shall be considered waived. Signed by Judge David Nuffer on 5/3/2019. (jds)
May 3, 2019 Opinion or Order Filing 635 ORDER Regarding Requests for Attorney, Expert, or Other Services Without Payment of Fee. If either Defendant R. Gregory Shepard or Defendant Neldon Johnson requests the appointment of an attorney in this case without payment of fee in connection with the pending contempt proceedings, they must each complete, sign, and file by no later than 12:00 p.m. on Monday, May 13, 2019, a copy of the Financial Affidavit in Support of Request for Attorney, Expert, or Other Services Without Payment of Fee. Signed by Judge David Nuffer on 5/3/2019. (Attachments: #1 Financial Affidavit)(mas)
May 3, 2019 Set/Reset Deadlines as to #559 MOTION for Order to Show Cause, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO. Evidentiary Motion Hearing continued until Tuesday, 5/28/2019 at 08:30 AM in Rm 7.300 before Judge David Nuffer. (asb)
May 3, 2019 Filing 634 Minute Order. Proceedings held before Judge David Nuffer: taking under advisement #559 Motion for Order to Show Cause.; taking under advisement #576 Motion for Order to Show Cause.; Motion Hearing held on 5/3/2019 re #559 MOTION for Order to Show Cause filed by USA, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein.Counsel and pro se parties present. Mr. Klein stated that the depositions of Neldon Johnson and Glenda Johnson were completed. Declarations were filed and received #620 #621 #622 #623 #625 . Ms. Healy Gallagher and Mr. Klein responded as to additional direct examination is necessary, after reviewing the declarations. Discussion heard on the boxes and thumb drives that have been delivered over the course of the past week. Court allowed to re-open direct examination of Mr. Klein. Discussion heard on Exhibits 834 and 945. Ms. Healy Gallagher stated that Exhibit 945 was received on 4/26/2019 and provided by email. Mr. Paul continues to object to the Exhibit 834 in its entirety on relevance. Mr. Shepard and Mr. Johnson had no objections. Court received Exhibit 834 in its entirety. Court instructed Ms. Healy Gallagher to provide a declaration on business records.Mr. Klein returned to continue testimony. Government moved to admit Exhibits 2007, 2009. No objections. Court received. Government moved to admit Exhibit 2010. Objection heard and withdraw. Court received. Government moved to admit Exhibits 2100, 2101, 2074, 2102. No objections. Court received. Mr. Johnson offered Exhibits 2085 and 2086. No objections. Court received. Court addressed the issues of effectively concluding these proceedings. Counsel and pro se parties responded. Court ordered Mr. Johnson to obtain documents from the identified affiliates with first delivery by May 10 (along with the computer) and second delivery May 17, 2019 to the receiver. Ms. Healy Gallagher to prepare a proposed order listing all items to be delivered and submit by Monday, 5/6/2019. All of Ms. Glenda Johnsons bank and real estate records going back to 2013 be provided by May 17, 2019.Court continued this hearing until May 28, 2019 at 8:30 a.m.Mr. Klein requested that the Cobblestone bank accounts of Glenda Johnsons (Account #2190 and Folks Account, both located at Bank of American Fork) be frozen until until a determination of whether those are receivership proceeds. Ms. Healy Gallagher addressed the request. Mr. Paul responded after speaking with his client. He will have a stipulation signed and filed as quickly as possible. The two accounts and balances are secured and will not change, and provide bank account records to the receiver and continue on a monthly basis.Ms. Healy Gallagher requested that sworn statements of Mr. Shepard and Mr. Johnson to be delivered by May 21, 2019. Court granted the request. Ms. Healy Gallagher requested an order of contempt on all respondents. Court made findings on the record as to the non-compliance of the court's valid order. Court did not make findings as to contempt at this time.Court adjourned.Attorney for Plaintiff: Erin Healy Gallagher. Attorney for Receiver: Jeffery Balls. Attorney for Defendant Steven Paul, Neldon Johnson, Gregory Shepard. Court Reporter: Kelly Hicken (Time Start: 8:30, Time End: 2:55, Room 7.300.) (asb)
May 2, 2019 Opinion or Order Filing 633 MEMORANDUM DECISION AND ORDER Quashing Subpoenas. Defendant Neldon Johnson caused subpoenas to be issued on April 24, 2019, commanding District Judge David Nuffer and Magistrate Judge Evelyn J. Furse to appear at a hearing in this case on April 26, 2019. Johnson served the Subpoenas by U.S. mail, addressed to the federal courthouse in Salt Lake City, where they were received on April 29, 2019. Among other deficiencies, the Subpoenas were not timely or properly served.THEREFORE, IT IS HEREBY ORDERED that the Subpoenas are QUASHED. Signed by Judge David Nuffer on 5/2/2019. (jds)
May 2, 2019 Filing 632 DOCUMENTS LODGED consisting of Subpoenas to Appear and Testify in Civil Action to Magistrate Judge Evelyn J. Furse and David Nuffer, issued 4/24/2019. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
May 2, 2019 Opinion or Order Filing 631 DOCKET TEXT ORDER taking under advisement #628 Motion for Leave to Commence Legal Proceedings. Any response to the #628 motion must be filed by no later than May 9, 2019. Signed by Judge David Nuffer on 5/2/2019. No attached document. (jds)
May 1, 2019 Filing 630 Motions No Longer Referred: #628 MOTION Commence Legal Proceedings and Memorandum in Support (nas)
May 1, 2019 Filing 629 USCA Case Number Case Appealed to Tenth Case Number 19-4066 for #626 Notice of Appeal filed by Neldon Johnson. (jmr)
April 30, 2019 Filing 628 MOTION Commence Legal Proceedings and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 5/9/2019: corrected carry forward text (alt)
April 30, 2019 Filing 627 Transmission of Preliminary Record to USCA re #626 Notice of Appeal (Attachments: #1 Appendix) (alt)
April 30, 2019 Filing 626 NOTICE OF APPEAL as to 619 Minute Order on Motion, #624 Order on Motion to Dismiss, filed by Neldon Johnson. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 505.00 (alt)
April 29, 2019 Filing 625 DECLARATION of Neldon P. Johnson re #491 Order filed by Neldon Johnson (Attachments: #1 Appendix of documents) (alt)
April 29, 2019 Opinion or Order Filing 624 ORDER denying #617 Motion to Dismiss Party (Receiver); denying #617 Motion to Dismiss Case. Signed by Judge David Nuffer on 4/29/19 (alt)
April 29, 2019 Filing 623 DECLARATION of Glenda Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Glenda Johnson. (Paul, Steven)
April 29, 2019 Filing 622 DECLARATION of LaGrand Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by LaGrand Johnson. (Paul, Steven)
April 29, 2019 Filing 621 DECLARATION of Randale Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Randale Johnson. (Paul, Steven)
April 29, 2019 Filing 620 DECLARATION of R. Gregory Shepard Relating to Compliance Verification of ECF 491 paragraph 24 and 26 filed by R. Gregory Shepard. (Paul, Steven)
April 26, 2019 Set Evidentiary Motion Hearing as to #559 MOTION for Order to Show Cause, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO. Motion Hearing continued until Monday, 5/3/2019 at 08:30 AM in Rm 7.300 before Judge David Nuffer. (asb)
April 26, 2019 Filing 619 Minute Order. Proceedings held before Judge David Nuffer: Counsel and pro se parties present. No appearance for Pacific Stock Transfer. Mr. Lehr and Mr. Klein addressed the court as to the status of Pacific Stock Transfer, offering Exhibits 1-6. Court received the exhibits. Court made findings on the record that Pacific Stock Transfer is in contempt. Mr. Lehr to prepare and submit the proposed order for contempt, noting that the $2,000 fine is due 10 days after entry of the order, and motion to attorneys fees, noting the response due 14 days after filing. Mr. Lehr offered Exhibits 1 thru 6. Court received. Court instructed Mr. Lehr to email the exhibits to chambers.Ms. Healy Gallagher called Wayne Klein. Witness sworn and testified. Government offered Exhibits 937, 938, 939, 941, 507, 946, 947, 948, 949, 950, 945. No objections. Exhibits received. Government offered Exhibit 834. Objection heard. Court received Exhibit 834, pages 1, 2, 3,11 and 12 only. Government offered Exhibit 943. Objection heard. Court will receive, subject to a correct Exhibit 943 being submitted. The current Exhibit 943 will only be used as a summary. Government offered Exhibit 941, subject to correction. No objections. Exhibit received, subject to correction. Mr. Paul addressed the court as to why his clients, Neldon (prior client) and Glenda Johnson (current client), did not appear for their scheduled depositions. Court ordered that Neldon Johnsons and Glenda Johnsons depositions must be taken before May 3, 2019. Counsel have agreed to schedule Glenda Johnson on Wednesday, May 1, 2019 and Neldon Johnson on Thursday, May 2, 2019. Court continued this matter until Friday, May 3, 2019 at 8:30 a.m. Court adjourned.taking under advisement #559 Motion for Order to Show Cause.; taking under advisement #576 Motion for Order to Show Cause.; Motion Hearing held on 4/26/2019 re #559 MOTION for Order to Show Cause filed by USA, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein. Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant Steven Paul, Neldon Johnson, Gregory Shepard. Court Reporter: Becky Janke.(Time Start: 9:35, Time End: 12:44, Room 7.300.) (asb)
April 26, 2019 Opinion or Order Filing 618 ORDER granting #604 Motion to Lift Stay to Allow Settlement of Tax Case: The Litigation Stay is lifted solely to allow the IRS, R. Gregory Shepard and Diana C. Shepard to execute documents and to allow the Tax Court to enter any orders necessary to resolve the United States Tax Court, Case No. 002826-18. If a settlement agreement is not submitted and the Tax Court Case is not dismissed within 60 days of this Order, the Tax Court Case will automatically be stayed in accordance with paragraphs 44 through 48 of the Corrected Receivership Order. Signed by Judge David Nuffer on 4/25/19 (alt)
April 24, 2019 Filing 617 MOTION to Dismiss Party Receiver, MOTION to Dismiss and Memorandum in Support filed by Defendant Neldon Johnson (Attachments: #1 Appendix) (alt)
April 24, 2019 Filing 616 Proposed Witness and Exhibit List by Neldon Johnson (Attachments: #1 Exhibit 1) (alt)
April 24, 2019 Filing 615 Proposed Witness List and Exhibit List for the Evidentiary Hearing on Show-Cause Motions by Wayne Klein. (Lehr, Michael)
April 24, 2019 Filing 614 Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by R. Gregory Shepard. (Paul, Steven)
April 24, 2019 Filing 613 Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven)
April 24, 2019 Filing 612 Proposed Exhibit List and Witness List by Plaintiff USA.. (Gallagher, Erin)
April 19, 2019 Filing 611 Motions No Longer Referred: #610 MOTION for Order of (1) Public Sale of Property Free and Clean of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (nas)
April 18, 2019 Filing 610 MOTION for Order of (1) Public Sale of Property Free and Clean of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Auction Procedures) Motions referred to Evelyn J. Furse.(Lehr, Michael)
April 17, 2019 Opinion or Order Filing 609 ORDER: Witness/Exhibit List for 4/26/19 Evidentiary Hearing is to be filed by no later than 4/24/19 at 12:00 pm. Signed by Judge David Nuffer on 4/17/19 (alt)
April 15, 2019 Filing 608 STATUS REPORT Receiver's Second Quarterly Status Report by Wayne Klein. (Lehr, Michael)
April 9, 2019 Opinion or Order Filing 607 ORDER granting #598 Motion to Appoint Expert Appraiser (T.V. Boyer); granting #599 Motion to Appoint Expert Appraiser (C.A. Peterson). Signed by Judge David Nuffer on 4/9/19 (alt)
April 8, 2019 Filing 606 REQUEST to Submit for Decision re #559 MOTION for Order to Show Cause, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Receiver Wayne Klein. (Lehr, Michael)
April 8, 2019 Filing 605 Motions No Longer Referred: #604 MOTION Lift Stay to Allow Settlement of Tax Case and Memorandum in Support (elm)
April 5, 2019 Filing 604 MOTION Lift Stay to Allow Settlement of Tax Case and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
April 1, 2019 Filing 603 REQUEST to Submit for Decision re #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) filed by Receiver Wayne Klein. (Lehr, Michael)
March 29, 2019 Filing 602 REPLY to Response to Motion re #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Solco Operating Agreement, #2 Exhibit XSun Operating Agreement, #3 Exhibit Shareholder Agreement, #4 Exhibit Voting Trust Agreement, #5 Exhibit Notice of Resignation, #6 Exhibit Email)(Lehr, Michael)
March 27, 2019 Filing 601 Mail sent to Neldon Johnson re docket entry #593 Returned as Not Deliverable as Addressed. Street address on his documents, '2800 W 4000 S' is unrecognized by USPS. No answer at phone number. Address will be changed to 2730 W 4000 S and mail will be resent to that address. (alt)
March 22, 2019 Filing 600 Motions No Longer Referred: #599 MOTION Appoint Appraiser and Memorandum in Support , #598 MOTION Appoint Appraiser and Memorandum in Support (nas)
March 21, 2019 Filing 599 MOTION to Appoint Expert Appraiser (C.A. Peterson) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit Resume, References and License) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 4/9/2019: corrected motion relief (alt)
March 21, 2019 Filing 598 MOTION to Appoint Expert Appraiser (T.V. Boyer) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit Appraisal Bid, #3 Exhibit Resume & License) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 4/9/2019: corrected motion relief (alt)
March 18, 2019 Filing 597 MEMORANDUM in Opposition re #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate (also opposing report filed as #581 Notice (Other)) filed by Defendant Neldon Johnson (alt)
March 15, 2019 Filing 596 RESPONSE to Motion re #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) filed by Respondents Glenda Johnson, Solco I, XSun Energy. (Snuffer, Denver)
March 13, 2019 Filing 595 NOTICE of Service by Wayne Klein re #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO, #588 Order on Motion for Order to Show Cause,,, (Attachments: #1 Affidavit Service Pacific Stock Transfer) (Lehr, Michael)
March 13, 2019 Filing 594 NOTICE of Service by USA re #559 MOTION for Order to Show Cause, #588 Order on Motion for Order to Show Cause,,, (Attachments: #1 Certificate of Service, #2 Affidavit of Service on Glenda Johnson, #3 Affidavit of Service on Randale Johnson, #4 Affidavit of Service on LaGrand Johnson) (Gallagher, Erin)
March 7, 2019 Opinion or Order Filing 593 MEMORANDUM DECISION denying #577 Motion for Protective Order as to Glenda Johnson. Signed by Judge David Nuffer on 3/6/19 (alt)
March 6, 2019 Opinion or Order Filing 592 ORDER granting #563 Motion to Withdraw as Attorney. Attorneys Steven R. Paul; Denver C. Snuffer, Jr; Joshua D. Egan; and Daniel B. Garriott are withdrawn from case for International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Signed by Judge David Nuffer on 3/6/19 (alt)
March 6, 2019 Opinion or Order Filing 591 MEMORANDUM DECISION AND ORDER denying #565 Motion for Protective Order; denying #568 Motion for Protective Order: the Johnsons must comply with the subpoenas by no later than 3/22/19. Signed by Judge David Nuffer on 3/6/19 (alt)
March 6, 2019 Opinion or Order Filing 590 ORDER granting #571 Motion for Approval of Fee Application, 10/31/18 to 12/31/18. Signed by Judge David Nuffer on 3/6/19 (alt)
March 6, 2019 Opinion or Order Filing 589 MEMORANDUM DECISION AND ORDER denying #562 Motion for Protective Order Under Rule 26(c). Signed by Judge David Nuffer on 3/5/19 (alt)
March 5, 2019 PER #588 ORDER: Evidentiary Motion Hearing set for 4/26/2019 at 09:30 AM in Rm 7.300 before Judge David Nuffer as to #559 MOTION for Order to Show Cause, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO (alt)
March 5, 2019 Opinion or Order Filing 588 ORDER taking under advisement #559 Motion for Order to Show Cause; taking under advisement #576 Motion for Order to Show Cause. Service to be made on those named in the motions and briefing deadlines set. Signed by Judge David Nuffer on 3/5/19 (alt)
March 5, 2019 Filing 587 MEMORANDUM in Opposition re #577 MOTION for Protective Order and Memorandum in Support Glenda Johnson Spousal Privilege filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Email to Nelson Snuffer, #2 Exhibit RaPower checks signed by Glenda Johnson)(Lehr, Michael)
March 4, 2019 Filing 586 NOTICE of Non-Parties' Notice of Intent to File an Opposition to Receiver's Motion to Include Affiliates and Subsidiaries in the Receivership Estate by Neldon Johnson, R. Gregory Shepard re #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) and Memorandum in Support (Snuffer, Denver)
March 4, 2019 Filing 585 REQUEST to Submit for Decision re #562 MOTION for Protective Order and Memorandum in Support , #570 Memorandum in Opposition to Motion for Protective Order filed by Receiver Wayne Klein. (Lehr, Michael)
March 4, 2019 Filing 584 Motions No Longer Referred: #582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) and Memorandum in Support (nas)
March 1, 2019 Filing 583 REQUEST to Submit for Decision re #571 MOTION Fee Application and Memorandum in Support First Fee Application for October 31, 2018 to December 31, 2018 filed by Receiver Wayne Klein. (Lehr, Michael)
March 1, 2019 Filing 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re #581 Notice (Other) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
February 25, 2019 Filing 581 NOTICE of Report and Recommendation on Inclusion of Affiliates/Subsidiaries in Receivership Estate by Wayne Klein (Lehr, Michael) Modified on 2/26/2019: added title text (alt)
February 20, 2019 Filing 580 MEMORANDUM in Opposition re #568 MOTION for Protective Order of Neldon Johnson filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Email Thread Steven Paul, #2 Exhibit Email Tread Process Server)(Lehr, Michael)
February 20, 2019 Filing 579 MEMORANDUM in Opposition re #565 MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Acknowledgment of Receipt, #2 Exhibit Email Thread Steven Paul, #3 Exhibit Email Tread Process Server)(Lehr, Michael)
February 20, 2019 Filing 578 Motions No Longer Referred: #577 MOTION for Protective Order and Memorandum in Support, #576 MOTION for Order to Show Cause Why Pacific Stock Transfer Company Should Not Be Held in Civil Contempt of Court for Violating the Corrected Receivership Order (nas)
February 19, 2019 Filing 577 MOTION for Protective Order and Memorandum in Support filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
February 19, 2019 Filing 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Company Should Not Be Held in Civil Contempt of Court for Violating the Corrected Receivership Order filed by Receiver Wayne Klein. (Attachments: #1 Exhibit 2018.11.12 Ltr from Receiver to PST, #2 Exhibit Subpoena to PST and Affidavit of Service, #3 Exhibit 2019.01.02 Ltr from PST to Receiver, #4 Exhibit 2019.01.15 Email from PST, #5 Exhibit 2019.01.18 Ltr to PST) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 3/5/2019: corrected carry-forward text (alt).
February 18, 2019 Filing 575 RESPONSE re #574 Objections, Neldon Johnson's Fifth Amendment Claim filed by Wayne Klein. (Lehr, Michael)
February 15, 2019 Filing 574 OBJECTIONS to Deposition (5th Amendment Claim) filed by Neldon Johnson (Attachments: #1 Supplement) (alt)
February 15, 2019 Filing 573 REQUEST to Submit for Decision re #559 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff USA. (Gallagher, Erin)
February 14, 2019 Filing 572 Motions No Longer Referred: #571 MOTION Fee Application and Memorandum in Support First Fee Application for October 31, 2018 to December 31, 2018 (nas)
February 13, 2019 Filing 571 MOTION for Fee Application for 10/31/18 to 12/31/18 and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Time Summary, #2 Exhibit Detailed Invoices, #3 Exhibit Expenses, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 3/5/2019: corrected text (alt)
February 12, 2019 Filing 570 MEMORANDUM in Opposition re #562 MOTION for Protective Order and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
February 11, 2019 Filing 569 Motions No Longer Referred: #565 MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson, #568 MOTION for Protective Order (nas)
February 7, 2019 Filing 568 Pro Se MOTION for Protective Order filed by Defendant Neldon Johnson. Motion referred to Evelyn J. Furse (alt)
February 7, 2019 Filing 565 MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson filed by Defendant LTB1. (Attachments: #1 Exhibit List of Documents Requested) Motions referred to Evelyn J. Furse.(Paul, Steven)
February 4, 2019 Filing 564 Motions No Longer Referred: #562 MOTION for Protective Order and Memorandum in Support , #563 MOTION to Withdraw as Attorney and Memorandum in Support (nas)
February 1, 2019 Filing 567 Amended AFFIDAVIT of Neldon P. Johnson filed by Neldon Johnson (Attachments: #1 Supplement Copy of Opening Brief filed with 10CCA) (alt)
February 1, 2019 Filing 566 NOTICE of Intent to Appear Pro Se by Neldon Johnson (alt)
February 1, 2019 Filing 563 MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Snuffer, Denver)
February 1, 2019 Filing 562 MOTION for Protective Order and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
January 31, 2019 Filing 561 RESPONSE re #557 Status Report, filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit 1 - Email from Nelson to Klein 12-17-18, #2 Exhibit 2 - Email from Klein to Nelson 12-18-18, #3 Exhibit 3 - Letter from Nelson to Klein 12-26-18, #4 Exhibit 4 - Email from Klein to Nelson 12-27-18, #5 Exhibit 5 - Email from W Klein to D Nelson 12-18-18, #6 Exhibit 6 - Release and Dismissal re R Button, #7 Exhibit 7 - Order Re Dismissal of RaPower3 dated 5-11-16, #8 Exhibit 8 - Order Re IAS Mot to Quash dated 5-11-16, #9 Exhibit 9 - Order Re Dismissal of IAS dated 10-17-18)(Snuffer, Denver)
January 30, 2019 Filing 560 Motions No Longer Referred: #559 MOTION for Order to Show Cause and Memorandum in Support (nas)
January 29, 2019 Filing 559 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 937, Email from Receiver to Neldon and Glenda Johnson, #2 Exhibit Pl. Ex. 938, Letter from Nelson Snuffer to Receiver, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
January 28, 2019 Filing 558 DOCUMENT LODGED consisting of an Affidavit styled as filed by Pro Se Plaintiff by dft party who has legal representation and is not a plaintiff in the case. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Copy of Opening Brief filed with 10CCA) (alt)
January 28, 2019 Filing 557 STATUS REPORT Receiver's Initial Quarterly Status Report by Wayne Klein. (Lehr, Michael)
January 18, 2019 Filing 556 NOTICE of Intent to Serve Subpoena to Cyprus Credit Union by Wayne Klein (Lehr, Michael)
January 14, 2019 Filing 555 NOTICE of Intent to Serve Subpoena to Neldon Johnson by Wayne Klein (Lehr, Michael)
January 14, 2019 Filing 554 NOTICE of Intent to Serve Subpoena to Glenda Johnson by Wayne Klein (Lehr, Michael)
January 10, 2019 Filing 553 NOTICE of Intent to Serve Subpoena To Church of Jesus Christ of Latter-Day Saints by Wayne Klein (Lehr, Michael)
December 31, 2018 Filing 552 Receiver's FINANCIAL REPORT Recommendation on Status of International Automated Systems, and Liquidation Plan filed by Receiver Wayne Klein. (Lehr, Michael)
December 28, 2018 Opinion or Order Filing 551 MEMORANDUM DECISION AND ORDER granting in part and denying in part #503 Motion for Relief from #480 Fee Order: the #480 Order and #481 Judgement for Atty Fees are amended to apply only to Defendants International Automated Systems, LTB1, RaPower-3, Neldon Johnson. Signed by Judge David Nuffer on 12/28/18 (alt)
December 27, 2018 Opinion or Order Filing 550 ORDER denying #509 Motion without prejudice pending completion of Receivers investigation and report in accordance with the Corrected Receivership Order. Signed by Judge David Nuffer on December 27, 2018. (elm)
December 26, 2018 Opinion or Order Filing 549 MEMORANDUM DECISION AND ORDER granting in part and denying in part #530 Motion for Limited Relief from Asset Freeze Order. Signed by Judge David Nuffer on 12/26/18 (alt)
December 26, 2018 Opinion or Order Filing 548 ORDER granting #536 Motion to Release Certain Properties from the Receivership Estate. Signed by Judge David Nuffer on 12/26/18 (alt)
December 26, 2018 Opinion or Order Filing 547 ORDER granting #534 Motion for Attorney Fees: Defendant R. Gregory Shepard shall pay to the USA attorneys' fees and costs in the total amount of $3,273.79 by no later than 2/1/19. Signed by Judge David Nuffer on 12/26/18 (alt)
December 26, 2018 Filing 546 REQUEST to Submit for Decision re #536 MOTION for Order Releasing Properties from Receivership Estate filed by Receiver Wayne Klein. (Lehr, Michael)
December 21, 2018 Filing 545 NOTICE of Intent to Serve Subpoena to Roger Hamblin by Wayne Klein (Lehr, Michael)
December 18, 2018 Filing 544 MEMORANDUM in Opposition re #530 MOTION and Memorandum in Support for limited relief from asset freeze filed by Plaintiff USA. (Attachments: #1 Exhibit Ex. 936, Bank statements for -9233)(Gallagher, Erin)
December 14, 2018 Filing 543 ERRATA to #526 Receivers Financial Report filed by Receiver Wayne Klein . (Attachments: #1 Exhibit)(Lehr, Michael)
December 13, 2018 Filing 542 RESPONSE to Motion re #534 MOTION for Attorney Fees and Memorandum in Support filed by Defendant R. Gregory Shepard. (Paul, Steven)
December 12, 2018 Filing 541 NOTICE OF WITHDRAWAL OF COUNSEL of Christopher Robert Moran filed by Christopher R. Moran on behalf of USA (Moran, Christopher)
December 12, 2018 Filing 540 Defendant's REPLY to Response to Motion re #509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
December 11, 2018 Opinion or Order Filing 539 ORDER of USCA 10th Circuit as to #472 Notice of Appeal: abatement is lifted (alt)
December 10, 2018 Filing 538 Motions No Longer Referred: #536 MOTION for Order Releasing Properties from Receivership Estate (nas)
December 10, 2018 Filing 537 NOTICE of Intent to Serve Subpoena to Pacific Stock Transfer Company by Wayne Klein (Lehr, Michael)
December 7, 2018 Filing 536 MOTION for Order Releasing Properties from Receivership Estate filed by Receiver Wayne Klein. (Attachments: #1 Exhibit, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
December 7, 2018 Filing 535 Motions No Longer Referred: #534 MOTION for Attorney Fees and Memorandum in Support (nas)
December 6, 2018 Filing 534 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Declaration of Erin Healy Gallagher, #2 Exhibit Pl. Ex. 935, United States' attorney's fees and costs, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
December 5, 2018 Opinion or Order Filing 533 DOCKET TEXT ORDER taking under advisement #530 Defendant Neldon Johnson's Motion for Limited Relief from Asset Freeze Order (the "Motion"). Any response to the Motion shall be filed by no later than Tuesday, December 18, 2018, and any reply to the same shall be filed by no later than 12:00 p.m. on Friday, December 21, 2018. Signed by Judge David Nuffer on December 5, 2018. No attached document. (elm)
December 4, 2018 Filing 532 Motions No Longer Referred: #530 MOTION and Memorandum in Support for limited relief from asset freeze (elm)
December 4, 2018 Filing 531 AFFIDAVIT/DECLARATION of Neldon P. Johnson in Support re #530 MOTION and Memorandum in Support for limited relief from asset freeze filed by Defendant Neldon Johnson. (Paul, Steven)
December 4, 2018 Filing 530 MOTION for Limited Relief from Asset Freeze and Memorandum in Support filed by Defendant Neldon Johnson. (Attachments: #1 Exhibit Email from W. Klein, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Paul, Steven) Modified on 12/26/2018: corrected motion relief (alt)
December 4, 2018 Opinion or Order Filing 529 ORDER denying #451 Rule 59(e) and Rule 52(b) Motion. Signed by Judge David Nuffer on 12/4/18. (dla)
December 3, 2018 Filing 528 DECLARATION of Neldon P. Johnson re #491 Order filed by Neldon Johnson. (Paul, Steven)
December 3, 2018 Filing 527 DECLARATION of R. Gregory Shepard re #491 Order filed by R. Gregory Shepard. (Paul, Steven)
November 30, 2018 Filing 526 Receiver's FINANCIAL REPORT Recommendation of Living Allowances filed by Receiver Wayne Klein. (Lehr, Michael)
November 30, 2018 Filing 525 MEMORANDUM in Opposition re #509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
November 30, 2018 Filing 524 NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein (Lehr, Michael)
November 30, 2018 Filing 523 MEMORANDUM in Opposition re #509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Plaintiff USA. (Hines, Erin)
November 29, 2018 Opinion or Order Filing 522 ORDER Vacating Hearing previously set for 9:00 a.m. on 12/20/18 and Limiting Briefs in re Civil Contempt. Signed by Judge David Nuffer on 11/29/18 (alt)
November 29, 2018 Filing 521 DECLARATION of R. Gregory Shepard (Second Declaration of Compliance) filed by R. Gregory Shepard. (Garriott, Daniel)
November 29, 2018 Filing 520 DECLARATION of Neldon Johnson re #467 Findings of Fact & Conclusions of Law, Permanent Injunction (Second Declaration of Compliance) filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Garriott, Daniel)
November 29, 2018 Filing 519 DOCUMENTS LODGED consisting of an e-mail from attorney Erin Healy Gallagher. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (elm)
November 29, 2018 Filing 518 DOCUMENTS LODGED consisting of an e-mail from attorney Steven R. Paul. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (elm)
November 28, 2018 Filing 517 Defendant's REPLY to Response to Motion re #503 MOTION for Rule 52(b), 59(e) and 60(b) Relief re #480 Order on Motion for Attorney Fees filed by Respondent Heideman & Associates. (Heideman, Justin)
November 27, 2018 Filing 515 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Show Cause Hearing held on November 15, 2018, before Judge David Nuffer, re #472 Notice of Appeal, #445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, 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 12/18/2018. Redacted Transcript Deadline set for 12/28/2018. Release of Transcript Restriction set for 2/25/2019 (alt) Modified by removing restricted text on 2/25/2019 (rgj).
November 26, 2018 Filing 514 DOCUMENT LODGED consisting of correspondence from JPMorgan Chase. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
November 21, 2018 Filing 513 MEMORANDUM in Opposition re #503 MOTION for Rule 52(b), 59(e) and 60(b) Relief re #480 Order on Motion for Attorney Fees filed by Plaintiff USA. (Moran, Christopher)
November 20, 2018 Filing 512 ERRATA to #509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard . (Paul, Steven)
November 19, 2018 Filing 511 Motions No Longer Referred: #509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support (jjm)
November 16, 2018 Filing 510 DECLARATION of Neldon Johnson re #492 Declaration AMENDED filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Garriott, Daniel)
November 16, 2018 Filing 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Paul, Steven)
November 15, 2018 Filing 508 Minute EntryCounsel present for parties. Court reviewed for the record the contempt order and associated deadlines entered by the court on 11/9/2018. Discussion heard on the accounting, filed by Mr. Paul on 11/13/2018. Government called Matthew Shepard. Witness sworn and testified. Government called Diana Shepard. Witness sworn or testified. Government called R. Gregory Shepard. Witness sworn and testified. Court ordered that Mr. Shepard produce documentation of disbursement of $6k by 11/21/2018. Plaintiff and receiver to brief the joint and several issue and what funds from whom, and attorney fees claim due noon, 12/7/2018. Response noon, 12/13/2018. Further hearing 12/20/2018 at 9:00 a.m. to complete this hearing. Court adjourned. for proceedings held before Judge David Nuffer: Show Cause Hearing held on 11/15/2018, ( Show Cause Hearing set for 12/20/2018 at 09:00 AM in Rm 7.300 before Judge David Nuffer.). Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant: Steven Paul. Receiver: Wayne Klein. Court Reporter: Kelly Hicken.(Time Start: 8:59, Time End: 12:00, Room 7.300.)(asb)
November 13, 2018 Opinion or Order Filing 507 AMENDED AND RESTATED JUDGMENT in favor of USA and against International Automated Systems, RaPower-3, Neldon Johnson, R. Gregory Shepard, jointly and severally, in the amount of $50,025,480.00 as equitable monetary relief, up to and including the amount of gross receipts each received from the solar energy scheme as follows, together with post-judgment interest at the legal rate: Neldon Johnson, $50,025,480; International Automated Systems, $5,438,089; RaPower-3, $25,874,066; and R. Gregory Shepard, $702,001. The Order and Injunction and Compliance Verifications set forth in the Findings of Fact and Conclusions of Law shall remain in effect and survive the closure of this action. Signed by Judge David Nuffer on 11/13/18 (alt)
November 13, 2018 Filing 506 Redacted RESPONSE re #505 Contempt Order, filed by R. Gregory Shepard. (Attachments: #1 Exhibit Accounting of Funds-redacted, #2 Exhibit Accounting of Income-redacted)(Paul, Steven)
November 9, 2018 Opinion or Order Filing 505 ORDER OF CONTEMPT as to R. Gregory Shepard following findings of 11/8/18 Show Cause Hearing. Signed by Judge David Nuffer on 11/9/18 (alt)
November 9, 2018 Filing 504 Motions No Longer Referred: #503 MOTION Rule 52(b), 59(e) and 60(b) Relief from October 23, 2018 Order re #480 Order on Motion for Attorney Fees and Memorandum in Support (nas)
November 9, 2018 Filing 503 MOTION for Rule 52(b), 59(e) and 60(b) Relief re #480 Order on Motion for Attorney Fees and Memorandum in Support filed by Respondent Heideman & Associates. Motions referred to Evelyn J. Furse.(Heideman, Justin) Modified on 11/9/2018: corrected relief text (alt)
November 8, 2018 Filing 502 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Discussion heard on the government's motion finding Mr. Shepard in civil contempt, and procedures/remedies on the motion. Government requested a return of all money withdrawn within 7 days. Mr. Paul responded that all money has been spent. Mr. Klein requested a full accounting of the monies spent, including bank and AXA records. Court made findings on the record that the government has satisfied the burden of proof of civil comtempt against Mr. Shepard. Court found Mr. Shepard guilty of civil contempt. Court ordered Mr. Shepard to pay $27,126.05 to the receiver on or before 4:00 p.m. 11/30/2018. Mr. Shepard to provide a full accounting along with all exhibits by noon, 11/13/2018. Mr. Shepard to also provide information of all persons benefiting from the funds (names, addresses, phone numbers, SSN, email), along with a list of those living with Mr. Shepard. Court ordered that the U.S. is entitled to reasonable attorney fees and costs. Motion for attorney fees to be filed by 12/7/2018. granting #483 Motion for Order to Show Cause Follow-Up Show Cause Hearing set for Thursday, 11/15/2018 at 09:00 AM in Rm 7.300 before Judge David Nuffer. Government may appear by video conferencing. Government counsel to email the request to dj.nuffer@utd.uscourts.gov to make arrangements. Mr. and Mrs. Shepard must be present for the hearing on 11/15/2018. Motion Hearing held on 11/8/2018 re #483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by USA.Court adjourned. Written Order to follow oral order: Yes. Attorney for Plaintiff: Christopher Moran, Attorney for Defendant Steven Paul. Receiver: Wayne Klein. Court Reporter: Becky Janke.(Time Start: 1:05, Time End: 1:32, Room 7.300.) (asb)
November 8, 2018 Filing 501 Costs Taxed in amount of $ 49140.53 for Plaintiff against Defendants; signed by AWM, Chief Deputy Clerk on 11/7/2018 (alt)
November 6, 2018 Opinion or Order Filing 500 ORDER granting #496 Motion to Appoint Accounting Firm Lone Peak Valuation Group; granting #497 Motion to Appoint Counsel Parr Brown Gee & Loveless P.C. Signed by Judge David Nuffer on 11/6/18 (alt)
November 5, 2018 Opinion or Order Filing 499 ORDER denying #495 Motion for Recusal. Signed by Judge David Nuffer on 11/05/2018. (elm)
November 5, 2018 Filing 498 Motions No Longer Referred: #495 MOTION to Recuse, #496 MOTION to Appoint Counsel Accounting Firm Lone Peak Valuation Group, #497 MOTION to Appoint Counsel Parr Brown Gee & Loveless (nas)
November 2, 2018 Filing 497 MOTION to Appoint Counsel Parr Brown Gee & Loveless filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hafen, Jonathan)
November 2, 2018 Filing 496 MOTION to Appoint Counsel Accounting Firm Lone Peak Valuation Group filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Jonathan O. Hafen added to party Wayne Klein(pty:rc)(Hafen, Jonathan)
November 2, 2018 Filing 495 Neldon Johnson's Pro Se MOTION to Recuse Honorable Judge David Nuffer filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.(mas)
November 2, 2018 Filing 494 RESPONSE to Motion re #483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by Defendant R. Gregory Shepard. (Attachments: #1 Affidavit Declaration of Greg Shepard)(Paul, Steven)
November 1, 2018 Filing 493 DECLARATION of R. Gregory Shepard re Compliance Verifications filed by R. Gregory Shepard. (Paul, Steven)
November 1, 2018 Filing 492 DECLARATION of Neldon Johnson re Compliance Verifications filed by Neldon Johnson. (Paul, Steven)
November 1, 2018 Opinion or Order Filing 491 CORRECTED RECEIVERSHIP ORDER (corrects formatting problems in the #490 Receivership Order). Signed by Judge David Nuffer on 11/1/18 (alt)
October 31, 2018 Opinion or Order Filing 490 RECEIVERSHIP ORDER overruling objections and appointing Wayne Klein as receiver for the estate of the Receivership Defendants and any subsidiaries or affiliated entities, with standing to prosecute claims under the Uniform Voidable Transactions Act. The Asset Freeze is continued. Signed by Judge David Nuffer on 10/31/18 (alt)
October 31, 2018 Filing 489 Please be advised the Record is complete for purposes of appeal for USCA case number 18-4150 re #472 Notice of Appeal (alt)
October 26, 2018 Filing 488 RESPONSE to Motion re #474 Defendant's MOTION to Amend/Correct #468 Judgment, and Memorandum in Support filed by Plaintiff USA. (Gallagher, Erin)
October 25, 2018 Opinion or Order Filing 487 DOCKET TEXT ORDER taking under advisement #483 United States' Motion for Order to Show Cause Why R. Gregory Shepard Should Not Be Held in Civil Contempt of Court (the "Motion").IT IS HEREBY ORDERED that any response to the #483 Motion shall be filed by no later than Friday, November 2, 2018.Signed by Judge David Nuffer on 10/25/18. No attached document. (elm)
October 25, 2018 Filing 486 Motions No Longer Referred: #483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt (elm)
October 25, 2018 Filing 485 NOTICE OF HEARING ON MOTION re: #483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt : Motion Hearing set for Thursday, 11/8/2018 at 01:00 PM in Rm 7.300 before Judge David Nuffer. (asb)
October 25, 2018 Filing 484 TRANSCRIPT REQUEST FORM filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard re #472 Notice of Appeal (Paul, Steven)
October 25, 2018 Filing 483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 927- Affidavit of Certified Records, regarding attached Confirmation Notice of Shepard's Surrender of Annuity Contract, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Moran, Christopher)
October 24, 2018 Opinion or Order Filing 482 ORDER granting #459 Motion to Permit Settlement of State Cases. Signed by Judge David Nuffer on 10/24/18 (alt)
October 23, 2018 Filing 481 CLERK'S JUDGMENT FOR ATTORNEYS' FEES AND COSTS in favor of USA and against Heideman & Associates, International Automated Systems, LTB1, RaPower-3, Neldon Johnson, jointly and severally, in the total amount of $8,899.98. Signed by ALT, Deputy Clerk (alt) Modified on 12/28/2018: this jgm no longer applies to Heideman & Associates per #551 Order (alt)
October 23, 2018 Opinion or Order Filing 480 ORDER granting #290 Motion for Attorney Fees in the total amount of $8,899.98. Signed by Judge David Nuffer on 10/23/18 (alt) Modified on 12/28/2018: this order no longer applies to Heideman & Associates per #551 Order (alt)
October 23, 2018 Opinion or Order Filing 479 ORDER denying #448 Motion to Stay enforcement of #444 Memorandum Decision. Signed by Judge David Nuffer on 10/23/18 (alt)
October 23, 2018 Opinion or Order Filing 478 DOCKET TEXT ORDER re #452 Objection re: #467 Findings of Fact and Conclusions of Law ("Objection"), filed by Defendants.Defendants' #452 Objection is MOOT and therefore OVERRULED.Signed by Judge David Nuffer on 10/23/18. (elm)
October 18, 2018 Filing 477 BILL OF COSTS filed by USA. (Attachments: #1 Memorandum of Costs, #2 Verification of Costs: Declaration of Erin Healy Gallagher, #3 Pl. Ex. 925)(Gallagher, Erin)
October 17, 2018 Filing 476 Motions No Longer Referred: #474 Defendant's MOTION to Amend/Correct #468 Judgment, and Memorandum in Support (nas)
October 17, 2018 Filing 475 USCA Case Number Case Appealed to Tenth Case Number 18-4150 for #472 Notice of Appeal filed by Roger Freeborn, RaPower-3, R. Gregory Shepard, International Automated Systems, Neldon Johnson, LTB1. (jmr)
October 16, 2018 Filing 474 Defendant's MOTION to Amend/Correct #468 Judgment, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
October 10, 2018 Filing 473 Transmission of Preliminary Record to USCA re #472 Notice of Appeal (Attachments: #1 Appendix) (alt)
October 10, 2018 Filing 472 NOTICE OF APPEAL filed by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3120754. (Paul, Steven)
October 9, 2018 Filing 471 AFFIDAVIT/DECLARATION of John Kraczek in Support re #451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit John Kraczek Resume, #2 Exhibit Engineers Report)(Paul, Steven)
October 9, 2018 Filing 470 REPLY to Response to Motion re #451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Engineers' Report)(Paul, Steven)
October 8, 2018 Filing 469 NOTICE of Withdrawal of Motion [Doc. 462] by R. Gregory Shepard re #462 MOTION lift asset freeze order as to certain assets and Memorandum in Support (Paul, Steven)
October 4, 2018 Opinion or Order Filing 468 JUDGMENT entered in favor of USA against International Automated Systems, RaPower-3, Neldon Johnson, R. Gregory Shepard, jointly and severally, in the amount of $50,025,480, with post-judgment interest at the legal rate - CASE CLOSED. The Order and Injunction and Compliance Verifications set forth in the Findings of Fact and Conclusions of Law shall remain in effect and survive the closure of this action. Signed by Judge David Nuffer on 10/4/18 (alt)
October 4, 2018 Filing 467 FINDINGS OF FACT AND CONCLUSIONS OF LAW and PERMANENT INJUNCTION. Signed by Judge David Nuffer on 10/4/18 (alt)
October 3, 2018 Filing 466 MEMORANDUM in Opposition re #462 MOTION lift asset freeze order as to certain assets and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 924, April 12, 2017 "Full Reconveyance")(Gallagher, Erin)
October 3, 2018 Filing 465 OBJECTIONS to #458 Reply Memorandum/Reply to Response to Motion, to "new evidence" submitted in Reply filed by USA. (Gallagher, Erin)
October 1, 2018 Filing 464 Motions No Longer Referred: #462 MOTION lift asset freeze order as to certain assets and Memorandum in Support (nas)
September 29, 2018 Filing 463 DOCUMENTS LODGED consisting of Email from Plaintiff's counsel dated August 31, 2018, enclosing draft findings and conclusions. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Text of Proposed Order Plaintiff's clean draft Findings and Conclusions, August 31, 2018, #2 Text of Proposed Order Plaintiff's redline draft Findings and Conclusions, August 31, 2018)(DN)
September 28, 2018 Filing 462 MOTION lift asset freeze order as to certain assets and Memorandum in Support filed by Defendant R. Gregory Shepard. (Attachments: #1 Affidavit Declaration of Greg Shepard) Motions referred to Evelyn J. Furse.(Paul, Steven)
September 28, 2018 Filing 461 OBJECTIONS to #444 Order on Motion to Appoint Receiver,, Memorandum Decision, Plaintiff's Proposed Receivership Order filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
September 28, 2018 Filing 460 Plaintiff's MEMORANDUM in Opposition re #451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Plaintiff USA. (Attachments: #1 Affidavit Declaration of Dr. Thomas Mancini, #2 Exhibit Pl. Ex. 932, website capture of www.rapower3.com)(Hines, Erin)
September 27, 2018 Filing 459 MOTION for Settlement and Memorandum in Support re State Cases filed by Defendants International Automated Systems, Neldon Johnson, RaPower-3. (Attachments: #1 Exhibit Proposed Settlement Agreement, #2 Exhibit Proposed Order, #3 Exhibit Email from Plaintiff's Counsel)(Garriott, Daniel) Modified on 10/4/2018: corrected text (alt)
September 27, 2018 Filing 458 REPLY to Response to Motion re #448 Defendant's MOTION to Stay re #444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Expert Resumes)(Paul, Steven)
September 25, 2018 Filing 457 REQUEST to Submit for Decision re #290 MOTION for Attorney Fees re Motions to Compel filed by Plaintiff USA. (Moran, Christopher)
September 21, 2018 Filing 456 NOTICE OF FILING of United States' Proposed Receivers and Proposed Receivership Order re #444 Order on Motion to Appoint Receiver,, Memorandum Decision, filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 920, Wayne Klein Resume, #2 Exhibit Pl. Ex. 921, Gil Miller Resume, #3 Exhibit Pl. Ex. 922, Peggy Hunt Resume, #4 Text of Proposed Order)(Gallagher, Erin)
September 20, 2018 Filing 455 MEMORANDUM in Opposition re #448 Defendant's MOTION to Stay re #444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 329, July 2013 email string re Ra3 IRS Audits)(Gallagher, Erin)
September 17, 2018 Filing 454 DOCUMENT LODGED consisting of correspondence from JPMorgan Chase. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
September 17, 2018 Filing 453 Please be advised the Record is complete for purposes of appeal for USCA case number 18-04119 re #445 Notice of Appeal - Interlocutory (alt)
September 17, 2018 Modification of Docket re #451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling. Error: Wrong motion relief, "Reopen Case" was selected, however case has never been closed. Correction: Motion relief corrected to "Amend/Correct" and linked to order in question. (alt)
September 14, 2018 Filing 452 Defendant's OBJECTIONS to 432 Order on Motion for Extension of Time, RE: Response to Plaintiff's Draft Order and Opinion filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
September 14, 2018 Filing 451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Confirmation of Electrical Power Production, #2 Exhibit Sterling Engine Power Production Data, #3 Exhibit Resume of John Kraczek)(Snuffer, Denver) Modified on 9/17/2018: corrected motion relief/case has not been closed (alt)
September 10, 2018 Filing 450 DOCUMENT LODGED consisting of correspondence from Key Bank to atty Erin Hines. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
September 7, 2018 Filing 449 Motions No Longer Referred: #448 Defendant's MOTION to Stay re #444 Order on Motion to Appoint Receiver, Memorandum Decision, and Memorandum in Support (nas)
September 6, 2018 Filing 448 Defendant's MOTION to Stay re #444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
August 28, 2018 Filing 447 USCA Case Number Case Appealed to Tenth Case Number 18-4119 for #445 Notice of Appeal - Interlocutory, filed by RaPower-3, R. Gregory Shepard, International Automated Systems, Neldon Johnson, LTB1. (jmr)
August 27, 2018 Filing 446 Transmission of Preliminary Record to USCA re #445 Notice of Appeal - Interlocutory (Attachments: #1 Appendix) (alt)
August 27, 2018 Filing 445 NOTICE OF INTERLOCUTORY APPEAL as to #444 Order on Motion to Appoint Receiver,, Memorandum Decision, filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3089136. (Snuffer, Denver)
August 22, 2018 Opinion or Order Filing 444 MEMORANDUM DECISION AND ORDER granting #414 Motion to Appoint Receiver. The assets of Defendants RaPower-3, Neldon Johnson, International Automated Systems, and R. Gregory Shepard are frozen until further order of this Court. The USA shall provide within 30 days, the names of three possible receivers to the court. Signed by Judge David Nuffer on 8/22/18 (alt)
August 22, 2018 Opinion or Order Filing 443 ORDER finding as moot #438 Motion for Hearing. Signed by Judge David Nuffer on 8/22/18 (alt)
August 21, 2018 Filing 442 DOCUMENTS LODGED consisting of 8/17/2018 3:32 p.m. email from Dan Garriott with redlined proposed stipulated order to freeze assets and appoint receiver. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Text of Proposed Stipulated Order)(asb)
August 21, 2018 Opinion or Order Filing 441 DOCKET TEXT ORDER granting #429 Motion to Vacate Stay for the reasons stated in 429 and 437. Signed by Judge David Nuffer on 8/21/2018. No attached document. (asb)
August 20, 2018 Filing 440 Motions No Longer Referred: #438 MOTION for Hearing re #429 MOTION to Vacate Stay, #414 Second MOTION to Appoint Receiver and Memorandum in Support.(nas)
August 17, 2018 Filing 439 RESPONSE to Motion re #438 MOTION for Hearing re #429 MOTION to Vacate Stay, #414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets re status conference and Memorandum in Support status conference requested, or filed by Defendants International Automated Systems, Neldon Johnson, LTB1, R. Gregory Shepard. (Garriott, Daniel)
August 17, 2018 Filing 438 MOTION for Hearing re #429 MOTION to Vacate Stay, #414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets re status conference and Memorandum in Support status conference requested, or in the alternative, request to submit for decision filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Gallagher, Erin)
July 20, 2018 Filing 437 REPLY to Response to Motion re #429 MOTION to Vacate Stay filed by Plaintiff USA. (Gallagher, Erin)
July 19, 2018 Filing 436 NOTICE of Appearance by David E. Leta on behalf of RaPower-3 (Leta, David)
July 18, 2018 Filing 435 RESPONSE to Motion re #429 MOTION to Vacate Stay filed by Defendants International Automated Systems, Neldon Johnson, LTB1, R. Gregory Shepard. (Paul, Steven)
July 18, 2018 Filing 434 MEMORANDUM in Opposition re #429 MOTION to Vacate Stay and Reservation of Rights filed by Defendant RaPower-3. (Tuttle, Jeffrey)
July 18, 2018 Filing 433 NOTICE of Appearance by Jeffrey D. Tuttle on behalf of RaPower-3 (Tuttle, Jeffrey)
July 13, 2018 Opinion or Order Filing 432 DOCKET TEXT ORDER granting #431 Motion for Extension of Time. The time for Plaintiff to submit a draft order and opinion as order on June 22, 2018, see minute entry 415 , will be extended to 14 days after an order is issued on #429 Motion to Vacate. Defendants will then have 14 days to submit their response to the draft. Docket text only. No attached document. Signed by Judge David Nuffer on 07/13/2018. (ms)
July 13, 2018 Filing 431 MOTION for Extension of Time submission of draft opinion and order and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
July 13, 2018 Opinion or Order Filing 430 ORDER taking under advisement and for expedited briefing re #429 MOTION to Vacate Stay. Signed by Judge David Nuffer on 7/13/18 (alt)
July 13, 2018 Filing 429 MOTION to Vacate Stay and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Excerpts from June 22, 2018 trial transcript, #2 Exhibit 917, RaPower-3, LLC's List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders, #3 Text of Proposed Order)(Gallagher, Erin) Modified on 7/13/2018: corrected entry text (alt)
July 10, 2018 Opinion or Order Filing 428 DOCKET TEXT ORDER denying #394 Motion to Dismiss ; denying #401 Motion for Judgment as a Matter of Law. Judge Nuffer denied both of these motions from the bench on 6/22/2015. See minute entry 415 . Signed by Judge David Nuffer on 07/10/2018. Docket text only. No attached document. (ms)
July 2, 2018 Case Stayed per #424 Notice of Filing of Bankruptcy (rks)
July 2, 2018 Opinion or Order Filing 427 DOCKET TEXT ORDER granting in part and denying in part #425 Motion for Extension of Time. Defendants shall have until July 13, 2018 to comply with item c. of the #419 Preservation Order. Item c. requires Defendants to provide a descriptive list of the data, identify persons responsible for maintenance of the data, including all persons with access to the data. No extensions on any other part of the #419 Preservation Order are permitted. Signed by Judge David Nuffer on 07/02/2018. Docket text only. No attached document. (ms)
July 2, 2018 Filing 426 NOTICE FROM THE COURT - Defendant RaPower-3 LLC, filed for bankruptcy in U.S. Bankruptcy Court for the District of Utah, Case No. 18-24865. (ms)
July 2, 2018 Filing 425 MOTION for Extension of Time to comply with Doc. 419 and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Paul, Steven)
July 2, 2018 Filing 424 NOTICE of Filing of Bankruptcy of RaPower-3, by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard (Snuffer, Denver) Modified on 7/9/2018: added name of party who filed for bkrcy (alt)
July 2, 2018 Filing 423 Defendant's RESPONSE to Motion re #414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
June 29, 2018 Filing 421 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial held on June 22, 2018, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-524-7238. 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 7/20/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/27/2018 (alt) Modified by removing restricted text on 10/1/2018 (rgj).
June 29, 2018 Filing 420 NOTICE OF FILING of Defendants' Report and Certification filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
June 27, 2018 Opinion or Order Filing 419 PRESERVATION ORDER. Signed by Judge David Nuffer on 6/27/18 (alt)
June 27, 2018 Filing 418 Motions No Longer Referred: #414 Second MOTION to Appoint Receiver and Freeze Defendants' Assets. (nas)
June 27, 2018 Opinion or Order Filing 417 DOCKET TEXT ORDER taking under advisement #414 Motion to Appoint Receiver. Expedited response is necessary. Defendants may file a response to #414 Motion to Appoint Receiver on Monday, July 2, 2018, by 9:00 a.m. If the court determines a reply is necessary, one will be requested. Signed by Judge David Nuffer on 06/27/2018. Docket text only. No attached document. (ms)
June 22, 2018 Filing 416 Bench Trial Witness and Exhibit Lists. (asb)
June 22, 2018 Filing 415 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial completed on 6/22/2018. Counsel present for parties. Closing arguments heard from both parties. Parties excused for lunch. Upon return, the court hears rebuttal from Plaintiff. The court issues the following ruling: docket entry #394 Defendant's MOTION to Dismiss Pursuant to Rule 52(c) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard is DENIED. Docket entry #401 Defendant's MOTION for Judgment as a Matter of Law and Memorandum in Support No Fraudulent Tax Scheme filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard is DENIED. The court made interim findings in favor of Plaintiff. Plaintiff will submit proposed findings and facts of law by 7/13/2018. Defendant will submit objections by 7/27/2018. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken.(mjm)
June 22, 2018 Filing 414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets filed by Plaintiff USA. (Attachments: #1 Exhibit Warranty Deed, #2 Exhibit Deed of Trust, #3 Exhibit Warranty Deed, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hines, Erin)
June 22, 2018 Opinion or Order Filing 413 INTERIM ORDER for Partial Injunctive Relief After Trial. Defendants' Declaration of Compliance due on or before 6/29/18. Signed by Judge David Nuffer on 6/22/18 (alt)
June 22, 2018 Filing 412 NOTICE OF FILING filed by Plaintiff USA. (Hines, Erin)
June 22, 2018 Filing 411 NOTICE OF FILING of Defendants' Closing Argument filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Technical Explanation of the Revenue Provisions of the Reconciliation Act of 2010, as Amended, in Combination with the Patient Protection and Affordable Care Act)(Snuffer, Denver)
June 21, 2018 Filing 410 UPDATED TRIAL SCHEDULE: Bench Trial set for Friday, 6/22/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer. All other trial dates are vacated pursuant to the trial minute entry dated 6/21/2018. (asb)
June 21, 2018 Filing 409 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 6/21/2018. Counsel present for parties. Mr. Snuffer addressed the court stating that the defense rests. After a brief discussion, counsel for the parties will return tomorrow, June 22 at 9:00 a.m. to begin closing arguments. Each side will have 1.5 hours for closings, with the Plaintiff having.5 for rebuttal. Defendant states exhibit 360 was admitted by the court. The court does not show exhibit 360 admitted, but will confirm later. Court is adjourned and will resume tomorrow, June 22 at 9:00 a.m. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Laura Robinson.(mjm)
June 20, 2018 UPDATE BENCH TRIAL COURTROOM LOCATIONS:Bench Trial set for 6/21/2018 thru 6/27/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/28/2018 thru 6/29/2018 at 08:00 AM in Rm 3.400 before Judge David Nuffer.(asb)
June 20, 2018 Filing 408 NOTICE OF FILING of Defendants' Anticipated Trial Schedule filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
June 18, 2018 Opinion or Order Filing 407 MEMORANDUM DECISION AND ORDER denying #403 Motion to Continue Jury Trial. Signed by Judge David Nuffer on 6/18/18 (alt)
June 18, 2018 Filing 406 EXHIBITS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard re #405 Reply Memorandum/Reply to Response to Motion,. (Snuffer, Denver)
June 15, 2018 Filing 405 REPLY to Response to Motion re #403 MOTION to Continue trial and Memorandum in Support on the Basis of Litigant's Health filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
June 15, 2018 Filing 404 RESPONSE to Motion re #403 MOTION to Continue trial and Memorandum in Support on the Basis of Litigant's Health filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 912, Email from Mr. Snuffer re. Witness Order)(Moran, Christopher)
June 15, 2018 Filing 403 MOTION to Continue trial and Memorandum in Support on the Basis of Litigant's Health filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Paul, Steven)
June 13, 2018 Opinion or Order Filing 402 DOCKET TEXT ORDER deferring ruling on #401 Motion for Judgment as a Matter of Law. After review of the documentation submitted by counsel and notes from the trial as well as portions of the transcripts the court declines to render any judgment until the close of the evidence. Signed by Judge David Nuffer on 06/13/2018. Docket text only. No attached document. (ms)
June 12, 2018 Filing 401 Defendant's MOTION for Judgment as a Matter of Law and Memorandum in Support No Fraudulent Tax Scheme filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
June 7, 2018 Opinion or Order Filing 400 ORDER granting #397 Motion for Payment of costs of enforcing discovery orders in the amount of $16,195.26. Signed by Magistrate Judge Evelyn J. Furse on 6/7/18 (alt)
May 31, 2018 Opinion or Order Filing 399 AMENDED DOCKET TEXT ORDER deferring ruling on #394 . This DTO corrects and amends 398 DTO. The Motion to Dismiss #394 is deferred. After review of the documentation submitted by counsel and notes from the trial as well as portions of the transcripts the court declines to render any judgment until the close of the evidence. Signed by Judge David Nuffer on 05/31/2018. Docket text only. No attached document.(ms)
May 30, 2018 Opinion or Order Filing 398 SEE 399 FOR CORRECT ORDER - DOCKET TEXT ORDER denying #394 Motion to Dismiss. After review of the documentation submitted by counsel and notes from the trial as well as portions of the transcripts the motion is denied subject to renewal as a 50b motion. Signed by Judge David Nuffer on 05/30/2018. Docket Text Only. No attached document. (ms) Modified on 5/31/2018: struck out text per chambers entry of corrected DTO (alt)
May 29, 2018 Filing 397 MOTION for Payment and Memorandum in Support re costs of enforcing discovery orders filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 908, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin) Modified on 6/7/2018: corrected motion relief (alt)
April 27, 2018 Filing 395 RESPONSE to Motion re #394 Defendant's MOTION to Dismiss Pursuant to Rule 52(c) in Opposition filed by Plaintiff USA. (Attachments: #1 Argument Presentation)(Hines, Erin)
April 27, 2018 BENCH TRIAL UPDATED SCHEDULE: Bench Trial set for 6/21/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/22/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/25/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/26/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/27/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/28/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/29/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. (asb)
April 27, 2018 Filing 394 Defendant's MOTION to Dismiss Pursuant to Rule 52(c) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Argument)(Garriott, Daniel)
April 26, 2018 Filing 396 Minute Order. Proceedings held before Judge David Nuffer: granting #249 Motion in Limine; granting #250 Motion in Limine; Bench Trial held on 4/26/2018.Counsel present for parties. Mr. Snuffer addressed the submitted Exhibits 1523, 1524, 1525 (unedited. Edited version is Exhibit 536) and 1526. Mr. Paul to email Exhibit 536. Ms. Healy Gallagher addressed the submitted Exhibits 904 and 905. Mr. Johnson returned to continue with testimony. Ms. Healy Gallagher made objections to testimony, which the court held for ruling. Court grants all reserved objections and motions to strike on the basis of foundation and Rule 702. Court made findings on the record regarding proposed defense experts. Mr. Johnsons testimony under Rule 702 is unacceptable. He claims qualifications and endorsements without any proof other than patents. Mr. Johnsons testimony will not help the trier of the fact to understand the evidence to determine a fact in issue, because he has shown that this testimony is not based on sufficient facts or data at least that are verifiable by the Court. Court grants all reserved objections and motions to strike on the basis of foundation and Rule 702. Mr. Johnson is nearly incapable of answering a question and when he does, he offers confusing nonresponsive disconnect answers. Court cannot accept that Mr. Johnson has qualifications necessary to testify as to anything that requires a basis under Rule 702 (see transcript for full findings and ruling). Court clarified for and made findings on the record ruling on Hawes, Jameson. Court granted motions in limine #249 to exclude expert testimony of Kurt Hawes and Richard Jameson and #250 to exclude expert testimony of Neldon Johnson. Mr. Johnson returned to complete testimony. Ms. Healy Gallagher made objections to testimony. Court granted the objections. Discussion heard on scheduling. Court would like to finish with Mr. Johnson in the governments case in chief. The CSOs report that they will be prepared to stay as last as necessary this evening. Ms. Healy Gallagher discussed Exhibits 904 and 905. Argument heard on the related government objections and motion to strike Mr. Johnsons testimony. Court did not strike the testimony from the record.Ms. Healy Gallagher moved for the admission of Exhibit 789. No objection. Court received.Mr. Johnson returned to continue with testimony. Ms. Healy Gallagher moved for the admission of Exhibit 907. Discussion heard. Court denied. Witness excused for the day.Plaintiff rests.Mr. Snuffer moved to dismiss the case under Rule 52(c). Argument heard. Ms. Healy Gallagher to submit her PowerPoint presentation to the court in native format.Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke.(Time Start: 8:04, Time End: 7:50, Room 3.100.) (asb)
April 25, 2018 Filing 393 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/25/2018. Counsel present for parties. No preliminary matters to be discussed. Mr. Johnson returned to complete testimony. Government objects to the use of Exhibit 16A with Mr. Johnson for his lack of personal knowledge on technical details. Otherwise, no objection to use as to marketing. Court struck Mr. Johnsons testimony from 9:42:38 9:51:02. Court made findings on the record and will not allow Mr. Johnson to testify that he has engaged experts or procured the information outlined in these areas that incorporate expert reporting by reference. Mr. Johnson cannot leverage Exhibit 16A to be anything for than a marketing of white paper turned into expert testimony. Mr. Snuffer moved for the admission of Exhibit 513. Objection heard. Court received. Mr. Snuffer moved for the admission of Exhibit 536. No objection. Exhibit received. Ms. Healy Gallagher made several objections during testimony, which the court held.Court to resume Thursday, 4/26/2018 at 8:00 a.m. Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke, Laura Robinson.(Time Start: 8:14, Time End: 4:22, Room 3.100.)(asb)
April 24, 2018 Filing 392 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/24/2018. Counsel present for parties. Ms. Healy Gallagher stated that they have penciled in June25-29, 2018. Ms. Healy Gallagher addressed Exhibits 589 and 590. Court will review the associated documents to rule on Exhibits 589 and 590. Discussion heard on Exhibit 545. Objection heard. Court received 545.Mr. Gregory Shepard returned to complete testimony. Mr. Paul moved for the admission of Exhibit 22. Court deferred ruling until the exhibit has been reviewed. Exhibit 22 discussed. Court received.Ms. Healy Gallagher addressed the outstanding motion in limine #249 . Court received 589 and 590.Ms. Healy Gallagher called Neldon Johnson. Witness sworn and testified. Mr. Snuffer had no objection to the use and admission of Exhibit 901. Court received. Ms. Healy Gallagher moved for the admission of Exhibits 780 and 781. Objection heard. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 852. Objection heard. Court received. Court will resume Wednessday, 4/25/2018 at 8:00 a.m. Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke, Laura Robinson.(Time Start: 8:06, Time End: 3:06, Room 3.100.)(asb)
April 24, 2018 BENCH TRIAL UPDATED SCHEDULE: Bench Trial set for 4/24/2018 at 08:00 AM - 03:15 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 4/25/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 4/26/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 5/14/2018 at 08:00 AM - 02:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/25/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/26/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/27/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/28/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for 6/29/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. (asb)
April 23, 2018 Filing 391 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/23/2018. Counsel present for parties. Ms. Healy Gallagher stated that the government is not available to week of May 29, 2018. Mr. Snuffer is not available May 15, 2018. Mr. Snuffer is available May 21 and 25, 2018. Ms. Healy Gallagher will check their schedules.Exhibits discussed. Mr. Snuffer had no objections to Exhibits 413, 414, 415, 416 and 668 (unredacted). Court received. The deposition designation list, Exhibits 448, 579, 581, 673, 681, 682, 683, 685, 687, 688, 689, 690, 693, 697, 713 were received on Friday, 4/20/2018 and received again today.Mr.Snuffer had no objections to Exhibits 197, 334, 483 (without handwriting), 504, 526, 530, 544, 550, 554. Court received. Mr. Snuffer objected to 545, 589, 590. Court reserved ruling on 545, 589. 590. Court received Exhibits 114A, 150A and 1500A, which are screenshots of video clips shown during trial testimony.Court received the exhibits on Court Exhibit #2. The exhibit list will be updated to include those exhibits as received. Court will review the 4/22/2018 email from Ms. Healy Gallagher, paragraphs 2-4, that notes the court received exhibit, however, were not noted on the exhibit list. Court will review the transcripts and minute entries and make appropriate changes.Mr. Matthew Shepard returned to complete testimony. Mr. Moran moved for the admission of Exhibit 903. No objection. Court received. Witness excused.Court confirmed the exhibits in the 4/22/2018 email from Ms. Healy Gallagher were received. Identified exhibits are now shown as received on the exhibit list.Mr. Moran called Gregory Shepard. Witness sworn and testified. Mr. Moran moved for the admission of Exhibits 435, 469, 553. No objection. Exhibit received. Mr. Paul moved for the admission of Exhibit 22. Objection heard. Court deferred ruling. Witness instructed to return Tuesday, 4/24/2018 at 8:00 a.m. to continue with testimony.Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke, Laura Robinson.(Time Start: 8:03, Time End: 2:46, Room 3.100.)(asb)
April 23, 2018 Filing 390 DOCUMENTS LODGED consisting of 2018 April 22 Email from Erin Healy Gallagher re: Exhibits.. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
April 23, 2018 Filing 389 DOCUMENTS LODGED consisting of 2018 April 20 Email from Erin Healy Gallagher re: Exhibits. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
April 20, 2018 Filing 388 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/20/2018. Counsel present for parties. Ms. Healy Gallagher addressed the exhibits that are similar to Exhibit 158.Ms. Healy Gallagher moved for the admission of deposition designation form Exhibits 197, 334, 483, 504, 526, 581, 530, 544, 545, 550, 554, 589, and 590, which were not identified in Court Exhibit 2. Court will review the exhibits and rule on the admission at a later time.Ms. Healy Gallagher moved to admit Exhibits 413, 414, 415, 416, 668. Mr. Snuffer responded if incomplete, then they object. However, if complete, then no objections. Court gave defense counsel the weekend to review the exhibits and formally respond on Monday, April 23, 2018.Ms. Healy Gallagher moved for the admission of Exhibit 790. No objection. Court received. Ms. Healy Gallagher moved to admit the deposition designations Exhibits 448, 579, 581, 673, 681, 682, 683, 685, 687, 688, 689, 690, 693, 697, 713. Court received. Court ruling on the following exhibits:Exhibit 349 not received. Court received Exhibit 465 for limited purpose of showing the use of unsigned documentation, but otherwise not received.Court deferred ruling on Exhibit 535.Ms. Hines called Richard Jameson. Witness sworn and testified. Ms. Hines moved to admit Exhibit 865. Objections heard. Court received. Ms. Hines moved to admit Exhibit 637. No objection. Court received. Witness excused for the day, subject to recall by Mr. Snuffer.Mr. Moran called Matthew Shepard. Witness sworn and testified. Mr. Moran moved for the admission of Exhibit 438. No objection. Court received. Mr. Moran moved for the admission of Exhibit 424. No objection. Court received. Mr. Moran moved for the admission of Exhibit 426. No objection. Court received. Mr. Moran moved for the admission of Exhibit 417. No objection. Court received. Mr. Moran moved for the admission of Exhibit 427. No objection. Court received. Mr. Moran moved for the admission of Exhibit 428. No objection. Court received. Mr. Moran moved for the admission of Exhibit 441. No objection. Court received. Mr. Moran moved for the admission of Exhibit 547. No objection. Court received. Mr. Moran moved for the admission of Exhibit 351. No objection. Court received. Mr. Moran moved for the admission of Exhibit 679. No objection. Court received. Mr. Moran moved for the admission of Exhibit 680. No objection. Court received. Mr. Moran moved for the admission of Exhibit 433. No objection. Court received. Mr. Moran moved for the admission of Exhibit 417. No objection. Court received. Mr. Moran moved for the admission of Exhibit 434. No objection. Court received. Direct finished. Cross examination will begin Monday, April 23, 2018 at 8:00 a.m.Court will email the exhibit lists for government to amend the descriptions of exhibits, adding dates and descriptions. Counsel to make no other edits. Court instructed counsel to email PDFs of exhibits the court has not yet received.Discussion heard on witness schedule. Government to provide a list of exhibits to be used on upcoming witnesses to defendants counsel. Mr. Snuffer addressed the deposition designations and upcoming testimony. Ms. Healy Gallagher responded. Mr. Snuffer informed the court that he is not available on May 15, 2018 for any additional argument. Court inquired if counsels schedules allow for time the week of May 21, 2018 and May 29, 2018. Counsel responded. Counsel may have the week of May 29, 2018 available. Court instructed counsel to pencil in that week.Court recessed until Monday, 4/23/2018 at 8:00 a.m. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke, Laura Robinson.(Time Start: 8:33, Time End: 4:11, Room 3.100.)(asb)
April 20, 2018 Filing 387 regarding "trade or business" and "placed in service" BRIEF re #384 Memorandum (NOT to motion), 378 Bench Trial - Held,,,,,,,,, filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 534, placed in service letters, #2 Exhibit Pl. Ex. 546, placed in service letters, #3 Exhibit Pl. Ex. 547, overview of the placed in service letter, #4 Exhibit Excerpts of Trial Transcript)(Gallagher, Erin)
April 19, 2018 Filing 386 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/19/2018. Counsel present for parties. Court informed counsel that all depositions have now been read. Ms. Healy Gallagher provided additional exhibits, including redactions, to court and opposing counsel this morning. Ms. Healy Gallagher clarified for the record errors of minute entries:/4/2018 Exhibits 380 123 should be 132 and Exhibits 769 should be 796;4/5/2018 Exhibit 669 moved into evidence and was admitted. ME does not note the admission. Court made the identified corrections.Government offered Exhibits 509 Video 12_4_00-4_23A, 509 Video 12_4_38-5_15A, 509 Video 12_4_38-5_15B, and 562A. Court received.The government list for deposition exhibits where no objections has been marked as Court Exhibit 2.Court will discuss Exhibits 349, 465, 535 at a break between testimony.Ms. Hines called Lynette Williams. Witness sworn and testified. Mr. Moran called Preston Olsen. Witness sworn and testified. Mr. Moran moved for the admission of Exhibit 134. Objection heard. Court received. Mr. Moran moved for the admission of Exhibit 135. No objection. Court received. Mr. Moran moved for the admission of Exhibit 141. Objection heard. Court received. Mr. Moran moved for the admission of Exhibit 147. No objection. Court received. Mr. Moran moved for the admission of Exhibit 158. Objection heard. Court received. Mr. Moran moved for the admission of Exhibit 142. Objection heard. Court received. Mr. Moran moved for the admission of Exhibits 127, 128, 129, and 130. Objections heard. Court received. Mr. Paul moved for the admission of Exhibit 1500. Objection heard. Court received. Witness excused.Court will resume with trial on Friday, 4/20/2018 at 8:30 a.m. Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke, Laura Robinson.(Time Start: 8:00, Time End: 3:35, Room 3.100.)(asb)
April 18, 2018 Filing 385 UPDATED BENCH TRIAL SCHEDULE: Bench Trial set for Thursday, 4/19/2018 at 08:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Friday, 4/20/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Monday, 4/23/2018 at 08:00 AM - 02:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Tuesday, 4/24/2018 at 08:00 AM - 02:30 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Wednesday, 4/25/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Thursday, 4/26/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Monday, 5/14/2018 at 08:00 AM - 02:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Tuesday, 5/15/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. (5/15/2018 is for any additional argument necessary to complete the trial. Counsel are to pencil in the date) (asb)
April 13, 2018 Filing 384 MEMORANDUM re "placed in service" and "used in trade or business" filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Trial Testimony Excerpts of Mr. Robert Rowbotham)(Snuffer, Denver) Modified on 5/31/2018: corrected text (alt)
April 11, 2018 Filing 383 UPDATED BENCH TRIAL SCHEDULE: Bench Trial set for Thursday, 4/19/2018 at 08:00 AM - 02:30 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Friday, 4/20/2018 at 08:30 AM -04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Monday, 4/23/2018 at 08:00 AM - 02:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Tuesday, 4/24/2018 at 08:00 AM - 02:30 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Wednesday, 4/25/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Thursday, 4/26/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial set for Monday, 5/14/2018 at 08:00 AM - 02:00 PM in Rm 3.100 before Judge David Nuffer. Bench Trial tentatively set for Tuesday, 5/15/2018 at 08:30 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. (5/15/2018 is for any additional argument necessary to complete the trial. Counsel are to pencil in the date) (asb)
April 10, 2018 Opinion or Order Filing 382 Docket Text Order - On March 30, 2018, Defendants amended their witness list to include Gary Peterson, the defendant companies' accountant. Pursuant to Rule 26(a), Defendants failed to timely disclose Gary Peterson. He is a witness whose necessity should have been known from the filing of the complaint, as his testimony bears on the issue of disgorgement. The court has broad discretion in determining whether a Rule 26(a) violation is justified or harmless. Mr. Peterson should not testify, in light of the four factors in Woodworker's Supply, Inc. v. Principal Mut. Life Ins. Co., 170 F.3d 985, 993 (10th Cir. 1999): (1) Offering a new witness the Friday preceding a Monday trial start date undoubtedly was a surprise to Plaintiffs and his testimony would prejudice Plaintiffs as they relied on Defendants previous disclosures and discovery responses to prepare for trial. (2) Plaintiff has already prepared for trial based on Defendants disclosures and discovery responses. Had Defendants timely disclosed Mr. Peterson, Plaintiffs would have had time to adequately prepare for trial taking into account his testimony. Defendants are unable to cure this prejudice. (3) This is a 10-day bench trial spread across a 4-week time frame. This case in the midst of trial. The remaining six days of trial resume on April 19, 2018. At such a late date, adding another witness would disrupt trial. (4) Defendants did not include Mr. Peterson in their initial disclosures, nor did they supplement their initial disclosures, nor did they otherwise make Mr. Peterson or his testimony known to Plaintiff during the discovery process or in writing prior to March 30, 2018. Defendants witness Gary Peterson will not be permitted to testify. Docket text only. No attached document. Signed by Judge David Nuffer on 04/10/2018. (ms)
April 6, 2018 Filing 381 RESPONSE re #379 Memorandum (NOT to motion),,Defendants' proffer of Gary Peterson filed by USA. (Attachments: #1 Exhibit 449, IAS Supplemental Responses to US First Interrogatories, #2 Exhibit 450, RaPower-3 Supplemental Responses to US First Interrogatories, #3 Exhibit 451, Neldon Johnson Supplemental Responses to US First Interrogatories, #4 Exhibit 452, LTB1 Supplemental Responses to US First Interrogatories, #5 Exhibit 789, Defendants' Supplemented Production of Documents, #6 Exhibit 833, Defendants' Joint Initial Disclosures)(Gallagher, Erin)
April 5, 2018 Filing 380 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/5/2018. Counsel present for parties. Government moved for the admission of the exhibits noted in Samuel Ottos affidavit, which are identified as 30,168, 169, 170, 171, 172, 173, 175. No objections. Court received. Government has a number of exhibits that need redaction. Once they are completed, will submit to the court.Government called Lamar Roulhac. Witness sworn and testified. Ms. Healy Gallagher moved for the admission to Exhibit 831. No objection. Court received. Ms. Healy Gallagher moved for the admission to Exhibit 749. Objection heard. Court received. Witness excused.Government called JoAnna Perez. Witness sworn and testified. Ms. Hines moved for the admission of Exhibits 123 and 752. No objection to Exhibit 123. Court received. Objection heard on Exhibit 752. Government responded. Court received Exhibit 752. Witness excused.Court addressed Exhibit 829 and if the government wanted it received. At this time, government does not request its admission. Court requested that Exhibit 347 be emailed. Court instructed government to review Exhibits 349, 464 and 535, which were identified in depositions. Government will review to see if they need to move for admission. The screenshots of RaPower-3 website, Governments Exhibit 832. Mr. Paul provided the court with a complete 2-page screenshot. Government does not object to marking the 2-pages as Exhibit 832A. Court received.Government called Amanda Reinken. Witness sworn and testified. Ms. Hines moved for the admission of Exhibits 714 thru 733. No objection. Court received. Ms. Hines moved for the admission of Exhibit 796. No objection. Court received. Ms. Hines moved for the admission of Exhibit 742A. No objection. Court received. Ms. Hines moved for the admission of Exhibit 742B. No objection. Court received. Ms. Hines moved for the admission of Exhibit 735. No objection. Court received. Ms. Hines moved for the admission of Exhibit 738. No objection. Court received. Ms. Hines moved for the admission of Exhibit 739. No objection. Court received. Ms. Hines moved for the admission of Exhibit 740. Objection heard. Court received. Ms. Hines moved for the admission of Exhibit 741. No objection. Court received. Court received. Ms. Hines moved for the admission of Exhibit 737. No objection. Court received. Court received. Ms. Hines moved for the admission of Exhibit 769. Objection heard. Court received. Witness excused.Argument heard on damages. Government called Robert Rowbotham. Witness sworn and testified. Mr. Moran moved for the admission of Exhibit 94. No objection. Court received. Mr. Moran moved for the admission of Exhibit 95. No objection. Court received. Mr. Moran moved for the admission of Exhibit 91. No objection. Court received. Mr. Moran moved for the admission of Exhibit 93. No objection. Court received. Government addressed Deposition Exhibits 349, 465, 535. Government laid foundation through argument. Mr. Snuffer would like time to review the exhibits before responding. Court will rule on the exhibits after Mr. Snuffer informs the court of their response.Court will resume with trial on Thursday, 4/19/2018 at 8:30 a.m.Court adjourned. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan. Court Reporter: Kelly Hicken, Becky Janke.(Time Start: 8:32, Time End: 4:19, Room 3.100.)(asb)
April 4, 2018 Filing 379 Defendant's MEMORANDUM re 373 Order, Gary Peterson's Proffer of Testimony and Documents Upon Which He Will Rely filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit IAS 10-K 2009, #2 Exhibit IAS 10-K 2016, #3 Exhibit IAS 10-K 2014, #4 Exhibit IAS 10-K 2017, #5 Exhibit IAS 10-K 2010)(Snuffer, Denver)
April 4, 2018 Filing 378 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/4/2018. Counsel present for parties. Government addressed the trade or other business, and placed in service. Government requested to brief the issue. Defendants response on the issues due Friday, 4/13/2018 1:00 p.m., not to exceed 20 pages. Government reply due 4/20/2018.authenticity issues of the affidavit of non-appearance of Samuel Otto. Mr. Snuffer accepted the authentication of the affidavit and exhibits. Exhibits authenticated, but not yet admitted for the record are 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, and 30.Mr. Snuffer addressed the issue as to their expert designation deadline of 9/15/2017, therefore, he would have been able to obtain a qualified expert. Government responded. Courts prior ruling still stands.Government called Todd Anderson. Witness sworn and testified. Ms. Healy Gallagher moved for the admission of Exhibit 480. Objection heard. Court received. Witness excused.Government called Jessica Anderson. Witness sworn and testified. Ms. Healy Gallagher moved for the admission of Exhibit 574. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 575. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 23A. Objection heard. Court received. Court requested that Exhibit 582 be admitted. No objections. Court received. Court requested that the defendants mark and admit Ms. Andersons timekeeping records. Discussion heard. Exhibit marked 1519. Court received. Witness excused.Mr. Birrell returned to complete testimony. Mr. Paul used Plaintiff Exhibit 360. The exhibit has not been identified nor provided by either plaintiff nor defendant for trial purposes. Discussion heard on Exhibit 360. Mr. Paul moved for the admission of Exhibit 360. Objection heard. Court did not receive. Court instructed counsel to provide a copy of Exhibit 360 for court records. Witness excused.Court will resume 4/5/2018 at 8:30 a.m.Court adjourned. Attorney for Plaintiff: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan, Attorney for Defendant: Erin Healy Gallagher, Christopher Moran, Erin Hines. Court Reporter: Kelly Hicken, Becky Janke.(Time Start: 8:31, Time End: 4:17, Room 3.100.)(asb)
April 4, 2018 Opinion or Order Filing 377 DOCKET TEXT ORDER - Defendants' #365 Motion in Limine to Strike Plaintiff's Summary Exhibits 734 - 741, 742(A), 742(B), and 750 ("Exhibits") is DENIED for the following reasons: (1) The United States was not required to disclose the Excel spreadsheet Reinken used to create her summaries in Exhibit 734 through 741 because Defendants were given sufficient time to inspect the underlying documents (the bank records) after they were produced March 30, 2017, and therefore, there is no reason to give the Defendants the benefit of Plaintiff's work product in preparing the spreadsheet. (2) The admission of these summaries which qualify under Rule 1006 is within the sound discretion of the court. (3) The Exhibits are far more probative than prejudicial and therefore do not violate Rule 403. The Exhibits add substantial probative value by summarizing voluminous bank records, saving time and increasing convenience. Defendants may challenge the Exhibits' on cross-examination. (4) Defendants failed to cite any case law to support their arguments. (5) Plaintiff indicates it no longer intends to offer Pl. Ex. 750. (6) The format conversion issue related to Exhibits 742A and 742B was caused by Defendants' form of production of their database in a non-native format. (7) The lack of information about amounts paid for lenses in Exhibits 742A and 742B is due to the non-production of that data from Defendants. (8) Defendants have been free to prepare their own summaries from the bank records and from their database. Signed by Judge David Nuffer on 04/04/2018. Docket text only. No attached document. (ms)
April 4, 2018 Opinion or Order Filing 376 DOCKET TEXT ORDER denying Defendants' #364 Motion in Limine to Strike Plaintiff's Summary Exhibit 752 is DENIED for the following reasons: (1) The United States was not required to disclose the Excel spreadsheet Perez used to create her summary (Exhibit 752) because Defendants were given sufficient time to inspect the underlying documents, the tax returns (produced May 15, 2017, September 5, 2017, and September 15, 2017), and therefore, there is no reason to give the Defendants the benefit of Plaintiff's work product in preparing the spreadsheet. (2) These summaries qualify under Rule 1006. The admission of summaries under Rule 1006 is within the sound discretion of the court. (3) Exhibit 752 is not more prejudicial than probative and therefore does not violate Rule 403. Exhibit 752 adds substantial probative value, saves time and increases convenience by summarizing voluminous tax records. The Defendants may challenge Exhibit 752 on cross-examination. (4) Defendants failed to cite any case law to support their arguments of lack of relevance. (5) "Harm to the Treasury," depreciation expenses, and tax credits may be relevant to a proper measure of disgorgement. Signed by Judge David Nuffer on 04/04/2018. Docket text only. No attached document. (ms)
April 3, 2018 Filing 375 Burden of Proof BRIEF re #369 Memorandum (NOT to motion), filed by Plaintiff USA. (Gallagher, Erin)
April 3, 2018 Filing 374 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/3/2018. Counsel present for parties. Government called Cody Buck. Witness sworn and testified. Mr. Moran moved for the admission of Exhibit 371. No objection. Court received. Mr. Moran moved for the admission of Exhibit 533. No objection. Court received. Mr. Moran moved for the admission of Exhibit 92. Mr. Paul allowed to voir dire the witness. No objection. Court received. Witness excused.Government called Ken Overson. Witness sworn and testified. Mr. Moran moved for the admission of Exhibit 372. No objection. Court received.Court addressed the issue with objections to deposition exhibits. Government will provide a spreadsheet and depositions to the court.Discussion heard on deposition designations. Ms. Healy Gallagher provided Plaintiffs Exhibit 829, affidavit of non-appearance of Samuel Otto and moved for the admission. Mr. Paul requested additional time to review the exhibit before responding to the proposed admission.Mr. Overson returned to complete testimony. Witness excused.Court addressed the service issue. Ms. Healy Gallagher stated that the service issue was in their proposed findings and conclusions (pages 88-90). Government called Kenneth Birrell. Witness sworn and testified. Witness excused for the day and instructed to return 4/4/2018, at the time indicated by government counsel.Court will resume 4/4/2018 at 8:30 a.m.Court adjourned. Attorney for Plaintiff: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan, Attorney for Defendant: Erin Healy Gallagher, Christopher Moran, Erin Hines. Court Reporter: Kelly Hicken, Becky Janke.(Time Start: 8:32, Time End: 4:03, Room 3.100.)(asb)
April 3, 2018 Opinion or Order Filing 373 DOCKET TEXT ORDER - Regarding Defendants' Amended Witness List, specifically as to Mr. Gary Peterson. Defendants are to provide the court and Plaintiff with proffer of testimony of Mr. Peterson, attaching exhibits he intends to use and list of everything he intends to rely on by Wednesday, 4/4/2018 6:00 p.m. Plaintiff may file a response by Friday, 4/6/2018 6:00 p.m. Docket text only. No attached document. Signed by Judge David Nuffer on 04/03/2018. (ms)
April 3, 2018 Opinion or Order Filing 371 DOCKET TEXT ORDER denying #362 Defendants' Motion in Limine to Limit the Testimony of Lemar Roulhoc. Even if Mr. Roulhoc were an expert under Rule 702, traditional disclosure was not required because his services were necessitated by Defendants' failure to comply with discovery until a very late date as cited in #329 at p. 6. Furthermore, after the final pre-trial conference when his deposition was permitted, Plaintiff attempted to make Mr. Roulhoc available, but Defendants failed to act with reasonable diligence to make arrangements to depose him. His testimony of data extraction is not unfair to Defendants. Defendants have complete control over the evidence about which he will be testifying, reducing the possibility of any prejudice. Signed by Judge David Nuffer on 04/03/2018. Docket Text Only. No attached document. (ms)
April 2, 2018 Filing 372 Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/2/2018. Counsel present for parties. Mr. Johnson, defendant, stated that he is pro se. Ms. Healy Gallagher responded that this is the first that they have heard of Mr. Johnson proceeding pro se. Discussion heard. Based on the record, court made findings on the record that Mr. Johnson is represented by Mr. Snuffer and his associates. Mr. Johnson maintains he would like to proceed pro se. Court has reviewed the pretrial order and will have it entered today. Court has reviewed a portion of the deposition designations in preparation of trial.Mr. Moran requested the admission of exhibits and provided a spreadsheet, with an approximation of 400 exhibits. Court instructed Mr. Moran to provide the lists to both the court and defendants counsel. Court will address after the lunch hour. Ms. Hines addressed the bank records exhibits and provided exhibit numbers. Court will review.Ms. Healy Gallagher addressed the outstanding motions in limine. Court has not yet had time to review the motions. Government would either file oppositions or argue, as the court directs. Court instructed responses by 6:00 p.m. today.Mr. Snuffer addressed the court on his concern re: preponderance of evidence to be clarified. Court instructed Mr. Snuffer to file a motion by 6:00 p.m. today. Response by 6:00 p.m. Tuesday.Mr. Snuffer then addressed the court on his concern with threshold questions. Court instructed Mr. Snuffer that this is untimely and should have been filed months prior to today.Government called Dr. Thomas Mancini. Witness sworn and testified. Ms. Healy Gallagher moved for the admission of Exhibit 754. Objection heard. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 755. Objection heard. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 757. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibits 16 and 17. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 559. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 437. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 562. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 509, Video 12_4_00-4_23. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 509, Video 12_4_38-5_15. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 460. No objection. Ms. Healy Gallagher moved for the admission of Exhibit 509, Video 16_12_24-12_41. No objection. Court received. Ms. Healy Gallagher moved for the admission of Exhibit 509, Video 18_4_09-4_25. No objection. Court received. Mr. Snuffer moved for the admission of Exhibit 1500. Objection heard. Court instructed the exhibit needs more foundation. Mr. Snuffer moved to strike the testimony of Dr. Mancini. Court made findings on the record and denied the motion. Witness excused.Mr. Snuffer requested a clarification on how depositions and live testimony will work. Court informed counsel on how it intends to proceed with depositions and live testimony. Court printed out the annotated exhibits during Dr. Mancinis testimony. Counsel given an opportunity to review, then mark for identification. Ms. Healy Gallagher marked them with their exhibit numbers.Government exhibits with no objections discussed. Court received the identified exhibits. Ms. Healy Gallagher requested the exhibits identified for the record. Court instructed counsel that the spreadsheet will be identified as a court demonstrative exhibit #1. Ms. Healy Gallagher addressed the defendants amended witness list, specifically as to Mr. Peterson. Argument heard. Court took the matter under advisement. Mr. Snuffer to provide the court and government with proffer of testimony of Mr. Peterson, attaching exhibits he intends to use/rely by Wednesday, 4/4/2018 6:00 p.m.Court adjourned. Attorney for Plaintiff: Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan, Attorney for Defendant: Erin Healy Gallagher, Christopher Moran, Erin Hines. Court Reporter: Becky Janke, Kelly Hicken.(Time Start: 8:32, Time End: 4:10, Room 3.100.)(asb) Modified on 4/3/2018 to correct date of hearing (asb).
April 2, 2018 Filing 370 MEMORANDUM in Opposition re #365 Defendant's MOTION in Limine and Memorandum in Support DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 734, 735, 736, 737, 738, 739, 740, 741, 742(A), 742(B), AND 750 (AMANDA REINKEN) filed by Plaintiff USA. (Attachments: #1 Exhibit 734, Combined Gross Receipts, #2 Exhibit 735, RaPower-3's Gross Receipts, #3 Exhibit 736, R. Gregory Shepard's Gross Receipts, #4 Exhibit 737, Neldon Johnson's Gross Receipts, #5 Exhibit 738, IAS's Gross Receipts, #6 Exhibit 739, SOLCO I, LLC's Gross Receipts, #7 Exhibit 740, XSun Energy, LLC's Gross Receipts, #8 Exhibit 741, Cobblestone Centre, LLC's Gross Receipts, #9 Exhibit Summary of October 2017 Spreadsheet of Lens Transactions, #10 Exhibit Summary of February 2018 Spreadsheet of Lens Trasnactions, #11 Exhibit Defendants' Supplemented Production of Documents)(Hines, Erin)
April 2, 2018 Filing 369 Defendant's MEMORANDUM DEFENDANTS' MEMORANDUM REGARDING PLAINTIFF'S BURDEN UNDER 26 USC 6700 AND 7408 filed by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
April 2, 2018 Filing 368 MEMORANDUM in Opposition re #364 Defendant's MOTION in Limine and Memorandum in Support MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 752 (JOANNA PEREZ) filed by Plaintiff USA. (Attachments: #1 Exhibit 752)(Gallagher, Erin)
April 2, 2018 Opinion or Order Filing 367 PRETRIAL ORDER. Signed by Judge David Nuffer on 4/2/18 (alt)
April 2, 2018 Filing 366 MEMORANDUM in Opposition re #362 MOTION in Limine and Memorandum in Support to Limit the Testimony of Lemar Roulhac at Trial filed by Plaintiff USA. (Attachments: #1 Exhibit 791, Lamar Roulhac CV, #2 Exhibit Email chain between counsel ending in email dated March 27, 2018, #3 Exhibit Email chain between counsel ending in email dated March 29, 2018, #4 Exhibit United States' Witness List)(Hines, Erin)
April 1, 2018 Filing 365 Defendant's MOTION in Limine and Memorandum in Support DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 734, 735, 736, 737, 738, 739, 740, 741, 742(A), 742(B), AND 750 (AMANDA REINKEN) filed by Defendants International Automated Systems, Neldon Johnson, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Deposition of A. Reinken)(Snuffer, Denver)
April 1, 2018 Filing 364 Defendant's MOTION in Limine and Memorandum in Support MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 752 (JOANNA PEREZ) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Deposition of J. Perez)(Snuffer, Denver)
March 30, 2018 Opinion or Order Filing 363 DOCKET TEXT ORDER taking under advisement #362 Motion in Limine. A three page response may be submitted up through Monday, April 2, 2018 at 6:00 p.m. Docket text only. No attached document. Signed by Judge David Nuffer on 03/30/2018. (ms)
March 30, 2018 Filing 362 MOTION in Limine and Memorandum in Support to Limit the Testimony of Lemar Roulhac at Trial filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
March 30, 2018 Opinion or Order Filing 361 DOCKET TEXT ORDER - The following rulings on objections to pretrial deposition designations are hereby incorporated into #360 as follows: 1) Deposition of PacifiCorp taken November 15, 2016 - 62:17 20, Objection, Not relevant, Fed. R. Evid. 401, 402 - Overruled 2) Deposition of Peter Gregg taken November 16, 2016 -170:4 13, Objection, Leading, Fed. R. Evic. 611(c); Argumentative, Fed. R. Evid. 611(a); Not relevant, Fed. R. Evid. 401, 402 - Overruled 3) Deposition of Robert Aulds taken March 14, 2017 - 168:10 169:18, Objection, Not relevant, Fed. R. Evid. 401, 402 - Overruled 4) Deposition of John Howell taken August 23, 2017 - a. 126 133, Objection. Argumentative; lack of foundation; lack of personal knowledge; calls for speculation - Overruled Docket Text Only. No attachment. Signed by Judge David Nuffer on 03/30/2018. (ms)
March 30, 2018 Opinion or Order Filing 360 ORDER Ruling on Objections to Pretrial Deposition Designations. Signed by Judge David Nuffer on 3/30/18 (alt)
March 29, 2018 Opinion or Order Filing 359 DOCKET TEXT ORDER - Pursuant to the Memorandum Decision and Order #338 the Parties submitted briefs on the issue of disgorgement #351 #352 . The Parties' briefing and supporting documentation have been carefully reviewed. This Order finds: -A party is not unjustly enriched if the gains he acquired flow from any legitimate business activity.-A claimant bears the burden of showing the disgorgement amount is a reasonable approximation of defendants unjust enrichment.-Unjust enrichment may be shown by gross receipts or increase in net assets.-A defendant is free to introduce evidence showing that unjust enrichment is something less than the amount put in evidence by plaintiff. Defendant has the burden of proving entitlement to a credit or deduction for business expenses, which may include refunds to customers. -However, defendant is not entitled to a credit for costs or expenses incurred in an attempt to defraud the claimant. -Tax credits or depreciation deductions by defendants' customers might be a measure of disgorgement, but are not a required measure of disgorgement.-Individuals may be held personally liable for an entity's debt, if the individuals' unjust enrichment was directly derived from using the entity as a conduit for fraud. -Defendants may, when appropriate by transmission of funds from one to another, be jointly and severally liable for disgorgement.Docket text only. No attached document. Signed by Judge David Nuffer on 03/29/2018. (ms)
March 29, 2018 Opinion or Order Filing 358 DOCKET TEXT ORDER DENYING Defendants' request to exclude the use of deposition testimony in lieu of live witnesses at trial #347 . Pursuant to Rule 32(a)(3) the United States may use deposition testimony in lieu of live witnesses at trial for International Automated Systems, Inc.; Neldon Johnson; LTB1, LLC; RaPower-3, LLC; and R. Gregory Shepard. Based on the United States' Response #357 PacifiCorp deposition testimony is permitted by Rule 32(a)(4)(B). Defendants do not dispute the United States' other deposition designations are permitted under the Rule. Defendants' counsel's request that he is entitled to cross-examine any of the Defendants with leading questions is also DENIED. Fed. R. Evid. 611(c). Docket text only. No attachment. Signed by Judge David Nuffer on 03/29/2018. (ms)
March 29, 2018 Filing 357 use of PacifiCorp deposition in lieu of live testimony BRIEF re 354 Order,, filed by Plaintiff USA. (Attachments: #1 Exhibit 193 Deposition subpoena to PacifiCorp, #2 Exhibit 713A Deposition of PacifiCorp, #3 Exhibit 794 Notice of PacifiCorp deposition, #4 Exhibit 795 Declaration of PacifiCorp)(Gallagher, Erin)
March 28, 2018 Filing 356 NOTICE VACATING STATUS CONFERENCE HEARING set for Thursday, March 29, 2018 at 1:30 p.m. before Judge David Nuffer (asb)
March 27, 2018 Opinion or Order Filing 355 DOCKET TEXT ORDER - Consistent with the strong presumption in favor of public access to judicial records #345 Motion to Unseal Exhibits is GRANTED. Signed by Judge David Nuffer on 03272018. Docket Text Only. No attached document. (ms)
March 26, 2018 Opinion or Order Filing 354 DOCKET TEXT ORDER. Taking under advisement - #347 Defendants' Memorandum to Exclude the Use of Deposition Testimony in Lieu of Live Witnesses at Trial. The Government is Ordered to respond no later than Thursday, March 29, 2018, at noon. Specifically, the response should detail the basis under the rules for permitting the deposition designation of PacifiCorp in lieu of live testimony. No attached document. Docket text only. Signed by Judge David Nuffer on 03/26/2018. (ms)
March 26, 2018 Filing 353 REPLY to Response to Motion re #343 MOTION Modify Trial Subpoena and Memorandum in Support filed by Movant Todd Anderson. (Martin, Byron)
March 26, 2018 Filing 352 Defendant's MEMORANDUM re #338 Order on Motion in Limine,, Memorandum Decision, MEMORANDUM REGARDING PROPER BASIS FOR DISGORGEMENT AND PARTIES RESPECTIVE BURDENS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
March 26, 2018 Filing 351 Disgorgement Issues BRIEF filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 25, #3 Exhibit 38, #4 Exhibit 40, #5 Exhibit 128, #6 Exhibit 208, #7 Exhibit 325, #8 Exhibit 355, #9 Exhibit 356, #10 Exhibit 463, #11 Exhibit 490, #12 Exhibit 495, #13 Exhibit 496, #14 Exhibit 497, #15 Exhibit 507, #16 Exhibit 531, #17 Exhibit 540, #18 Exhibit 646, #19 Exhibit 647, #20 Exhibit 648, #21 Exhibit 649, #22 Exhibit 650, #23 Exhibit 743, #24 Exhibit 744, #25 Exhibit 745, #26 Exhibit 748, #27 Exhibit 752)(Gallagher, Erin)
March 26, 2018 Opinion or Order Filing 350 DOCKET TEXT ORDER DENYING #343 Motion to Modify Trial Subpoena. The Parties are directed to notify the Andersons of a date certain for their testimony. The Andersons may have the option of not testifying on the same day. Docket Text Only. No attached document. Signed by Judge David Nuffer on 03/26/2018.(ms)
March 23, 2018 Filing 349 Defendant's RESPONSE to Motion re #343 MOTION Modify Trial Subpoena and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
March 22, 2018 Filing 348 MEMORANDUM in Opposition re #343 MOTION Modify Trial Subpoena and Memorandum in Support re: Todd and Jessica Anderson Trial Subpoenas filed by Plaintiff USA. (Hines, Erin)
March 21, 2018 Filing 347 Memorandum to Exclude Deposition Testimony in Lieu of Live Witnesses BRIEF re 342 Pretrial Conference - Final,,,,,, Set Hearings,,,,, filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
March 21, 2018 Filing 346 Motions No Longer Referred: #345 MOTION to Unseal Document #331 Sealed Document, filed by USA, #246 Exhibits filed by USA, #245 Exhibits filed by USA and Memorandum in Support , #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson, #343 MOTION Modify Trial Subpoena and Memorandum in Support , #290 MOTION for Attorney Fees re Motions to Compel, #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson (asb)
March 20, 2018 Set Hearings: 10-Day Bench Trial set for 4/2/2018, 4/3/2018, 4/4/2018, 4/5/2018, 4/19/2018, 4/20/2018, 4/23/2018, 4/24/2018, 4/25/2018, 4/26/2018, 5/9/2018, 6/4/2018 at 08:30 AM in Rm 3.100 before Judge David Nuffer. (time change from 8:00 a.m. to 8:30 a.m.)(asb)
March 20, 2018 Filing 345 MOTION to Unseal Document #331 Sealed Document, filed by USA, #246 Exhibits filed by USA, #245 Exhibits filed by USA and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
March 19, 2018 Opinion or Order Filing 344 DOCKET TEXT ORDER taking under advisement #343 Motion Modify Trial Subpoena. The parties may submit a response to this Motion by Thursday, March 22, 2018. Signed by Judge David Nuffer on 03/19/18. Docket text only. No attached document. (ms)
March 19, 2018 Filing 343 MOTION Modify Trial Subpoena and Memorandum in Support filed by Movant Todd Anderson. (Attachments: #1 Exhibit A - Declaration of Todd Anderson) Motions referred to Evelyn J. Furse.(Martin, Byron)
March 19, 2018 Filing 342 Minute Entry for proceedings held before Judge David Nuffer: Final Pretrial Conference held on 3/19/2018, Counsel present for parties. Discussion heard on preparations for trial. Court ordered Terri Eppich, to be available for a 3 hour deposition, Lemar Roulhac to be available for a 4 hour deposition. Court overruled the defendants objections to plaintiffs 12 fact witnesses.Deposition designations due 3/26/2018.Government to file a motion re: sealing exhibits by 3/20/2018, response to due 3/23/2018 - limited to 3 pages. Mr. Snuffer to file motion re: depositions by noon, 3/21/2018, limited to 5 pages. No response necessary, unless ordered by the court. Defendant Freeborn, deceased, is dismissed as a party. Mr. Snuffer requested a site visit during trial. Court made no decision on the request. Trial will begin each day at 8:30 a.m., with the first week to end around 4:00 p.mStatus Conference set for 3/29/2018 at 01:30 PM in Rm 3.100 before Judge David Nuffer.Court adjourned..Attorney for Plaintiff: Erin Healy Gallagher, Erin Hines, Christopher Moran, Attorney for Defendant: Denver Snuffer, Steven Paul, Daniel Garriott. Court Reporter: Becky Janke.(Time Start: 8:28, Time End: 10:05, Room 3.100.)(asb)
March 16, 2018 Filing 341 NOTICE of Appearance by Joshua D. Egan on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Egan, Joshua)
March 15, 2018 Opinion or Order Filing 340 DOCKET TEXT ORDER denying #339 Motion for Leave to Appeal. There is no "substantial ground for difference of opinion." Further, due to the proximity of trial, "an immediate appeal " would clearly not "materially advance the ultimate termination of the litigation." It would delay this case even more. Also, defendants failed to articulate a reason why the Memorandum and Decision Order Denying Motion to Reinstate Jury Trial #322 and Memorandum Decision and Order Granting Defendants Rule 60(a) Request #336 qualifies for immediate appeal under the collateral order doctrine, specifically why this issue would be effectively unreviewable on appeal from a final judgment. An Order Denying Motion to Reinstate Jury Trial can be adequately reviewed on appeal from a final judgment. Signed by Judge David Nuffer on 3/15/2018. Docket text only. No attached document. (ms)
March 15, 2018 Filing 339 Defendant's MOTION for Leave to Appeal DEFENDANTS' MOTION TO CERTIFY AND AMEND THE ORDER DENYING DEFENDANTS MOTION TO REINSTATE TRIAL BY JURY and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
March 14, 2018 Opinion or Order Filing 338 MEMORANDUM DECISION AND ORDER denying #319 Motion in Limine Excluding Testimony Regarding Damages Relating to Disgorgement of Funds. Parties to submit briefs on measurement and proof of a disgorgement amount on or before noon, 3/26/18. Signed by Judge David Nuffer on 3/14/18 (alt)
March 13, 2018 Filing 337 Defendant's REPLY to Response to Motion re #319 Defendant's MOTION in Limine Excluding Testimony Regarding Damages Relating to Disgorgement of Funds filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Plaintiff's Initial Rule 26 Disclosures)(Snuffer, Denver)
March 13, 2018 Opinion or Order Filing 336 MEMORANDUM DECISION and ORDER granting #325 Motion Defendants' Rule 60(a) Request for Relief Based on Oversight and confirming Order Denying Trial by Jury. The 10-day bench trial will begin April 2nd as previously scheduled. Signed by Judge David Nuffer on 3/13/2018. (blh)
March 12, 2018 Filing 335 Proposed Findings of Fact by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
March 12, 2018 Filing 334 Proposed Findings of Fact by USA. (Gallagher, Erin)
March 12, 2018 Opinion or Order Filing 333 DOCKET TEXT ORDER GRANTING #330 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Evelyn J. Furse on 3/12/2018. No attached document. (nas)
March 12, 2018 Filing 332 MEMORANDUM in Opposition re #319 Defendant's MOTION in Limine Excluding Testimony Regarding Damages Relating to Disgorgement of Funds filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 666-A, #2 Exhibit Pl. Ex. 683-A, #3 Supplement (unpublished case, SEC v. Razmilovic, Case No. CV-04-2276 (E.D. NY), Doc. No. 194)(Moran, Christopher)
March 9, 2018 Filing 331 **SEALED DOCUMENT** SEALED EXHIBITS 742-A and 742-B TO #329 Objections, filed by Plaintiff USANOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Pl. Ex. 742-A, #2 Exhibit Pl. Ex. 742-B)(Moran, Christopher) Modified on 3/14/2018: updated text (alt)
March 9, 2018 Filing 330 MOTION for Leave to File Sealed Document re #329 Objections, filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Moran, Christopher)
March 9, 2018 Filing 329 Redacted OBJECTIONS to #296 Objections filed by USA. (Attachments: #1 Exhibit Pl. Ex. 742-A, #2 Exhibit Pl. Ex. 742-B, #3 Exhibit Pl. Ex. 782, #4 Exhibit Pl. Ex. 783, #5 Exhibit Pl. Ex. 784, #6 Exhibit Pl. Ex. 785, #7 Exhibit Pl. Ex. 786, #8 Exhibit Pl. Ex. 787, #9 Exhibit Pl. Ex. 788)(Moran, Christopher) Modified on 3/9/2018: added "Redacted" to text (alt)
March 9, 2018 Filing 328 OBJECTIONS to #294 Exhibit List(Proposed) filed by USA. (Attachments: #1 Exhibit 411 excerpts, #2 Exhibit 449, #3 Exhibit 450, #4 Exhibit 451, #5 Exhibit 452, #6 Exhibit 453 excerpts, #7 Exhibit 644 excerpts, #8 Exhibit 789 excerpts)(Gallagher, Erin)
March 9, 2018 Filing 327 NOTICE OF FILING of United States' Objections and Counter-Designations to Defendants' Deposition Counter-Designations re #294 Exhibit List(Proposed) filed by Plaintiff USA. (Hines, Erin)
March 8, 2018 Filing 326 Defendant's REPLY to Response to Motion re #289 MOTION to Reinstate Trial by Jury filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
March 8, 2018 Filing 325 Defendant's MOTION Rule 60(a) Oversight, Request to File Reply to Doc. 309 (Plaintiff's Opposition to Reinstate Jury re #322 Order on Motion for Miscellaneous Relief, Memorandum Decision and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
March 8, 2018 Opinion or Order Filing 324 Docket Text Order - The briefing on the demand for jury trial has revealed a wide range of possibilities for measurement and proof of a disgorgement amount. If the Motion in Limine #319 is not granted, the parties must submit briefs on or before noon March 26, 2018 on those issues. Specifically, the parties must provide legal authority for (1) measuring disgorgement by the amount of (a) taxes avoided by investors in Defendant RaPower; (b) gross profit of RaPower; (c) net profit of RaPower; (d) income of individual defendants from RaPower; or any other measure, and (2) who, in the event net profit is a proper measure, bears the burden of proof on expenses RaPower incurred in its business. Docket text only. No attachment. Signed by Judge David Nuffer on 3/8/2018. (ms)
March 8, 2018 Opinion or Order Filing 323 DOCKET TEXT ORDER taking under advisement #319 Motion in Limine. Response is due Monday, March 12, 2018. Signed by Judge David Nuffer on 3/8/2018. Docket text only. No attached document. (ms)
March 7, 2018 Opinion or Order Filing 322 MEMORANDUM DECISION AND ORDER denying #289 Motion to Reinstate Trial by Jury. Signed by Judge David Nuffer on 3/7/18 (alt)
March 7, 2018 NOTICE OF ERROR/CORRECTION re #289 MOTION to Reinstate Trial by Jury. Error: Filer selected wrong motion relief - motion is not seeking 'In Limine' relief. Correction: The motion relief has been corrected to "Miscellaneous Relief" and entry text corrected. (alt)
March 7, 2018 Filing 321 AMENDED NOTICE OF HEARING: Final Pretrial Conference reset for Monday, 3/19/2018 at 08:30 AM in Rm 3.100 before Judge David Nuffer. (time change only) (asb)
March 5, 2018 Filing 320 ERRATA to #319 Defendant's MOTION in Limine and Memorandum in Support Excluding Testimony Regarding Damages Relating to Disgorgement of Funds filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard . (Attachments: #1 Exhibit Plaintiff's Exhibit 752, #2 Exhibit Plaintiff's Exhibit 734, #3 Exhibit Plaintiff's Exhibit 750)(Snuffer, Denver)
March 5, 2018 Filing 319 Defendant's MOTION in Limine and Memorandum in Support Excluding Testimony Regarding Damages Relating to Disgorgement of Funds filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
March 2, 2018 Opinion or Order Filing 318 MEMORANDUM DECISION AND ORDER denying #251 Motion for Partial Summary Judgment; denying without prejudice #252 Motion to Appoint Receiver. Signed by Judge David Nuffer on 3/2/18 (alt)
March 1, 2018 Filing 317 OBJECTIONS to #290 MOTION for Attorney Fees re Motions to Compel filed by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
February 28, 2018 Filing 316 NOTICE OF FILING of Pretrial Disclosure re: Deposition Designations filed by Plaintiff USA. (Hines, Erin)
February 28, 2018 Filing 315 Proposed Exhibit List by Plaintiff USA.. (Hines, Erin)
February 28, 2018 Filing 314 Proposed Witness List by USA. (Hines, Erin)
February 27, 2018 Filing 313 MEMORANDUM in Opposition re #290 MOTION for Attorney Fees re Motions to Compel filed by Respondent Heideman & Associates. (Attachments: #1 Exhibit Exhibit 1_Birrell, Kenneth W. mini, #2 Exhibit Exhibit 2-Buck, Cody Michael-mini, #3 Exhibit Exhibit 3_Oveson, Kenneth Wayne -mini, #4 Exhibit Exhibit 4_Mantyla, David - mini)(Heideman, Justin)
February 27, 2018 Opinion or Order Filing 312 ORDER granting #308 Motion for Leave to File Pretrial Disclosures Nunc Pro Tunc. Signed by Magistrate Judge Evelyn J. Furse on 2/27/18 (alt)
February 27, 2018 Opinion or Order Filing 311 WRITTEN ORDER following 281 Docket Text Order of 1/22/18 denying #257 Motion to Dismiss. Signed by Judge David Nuffer on 2/27/18 (alt)
February 27, 2018 Opinion or Order Filing 310 WRITTEN ORDER following 280 Docket Text Order of 1/22/18 denying #253 Motion in Limine. Signed by Judge David Nuffer on 2/27/18 (alt)
February 26, 2018 Filing 309 MEMORANDUM in Opposition re #289 MOTION in Limine and Memorandum in Support to Reinstate Trial by Jury filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 777)(Gallagher, Erin)
February 26, 2018 Filing 308 MOTION for Leave to File pretrial disclosures nunc pro tunc and Memorandum in Support unopposed filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
February 26, 2018 Filing 307 NOTICE OF FILING of United States' Deposition Designations for Brian Zeleznik filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 697, United States' Deposition Designations for Brian Zeleznik)(Moran, Christopher)
February 26, 2018 Filing 306 NOTICE OF FILING of United States' Deposition Designations for R. Gregory Shepard filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 685, United States' Deposition Designations for R. Gregory Shepard)(Moran, Christopher)
February 26, 2018 Filing 305 NOTICE OF FILING of United States' Deposition Designations for Mike Penn filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 448, Deposition Designations for Mike Penn)(Moran, Christopher)
February 26, 2018 Filing 304 NOTICE OF FILING of United States' Deposition Designations for PacifiCorp filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 713, United States' Deposition Designations for PacifiCorp)(Moran, Christopher)
February 26, 2018 Filing 303 NOTICE OF FILING of United States' Deposition Designations for Frank Lunn filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 693, United States' Deposition Designations for Frank Lunn)(Moran, Christopher)
February 26, 2018 Filing 302 NOTICE OF FILING of United States' Deposition Designations for Neldon Johnson filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 579, United States' Deposition Designations of Neldon Johnson (VOL. I), #2 Exhibit Pl. Ex, 581, United States' Deposition of International Automated Systems (Neldon Johnson, designee), #3 Exhibit Pl. Ex. 673, United States' Deposition Designations of LTB1, LLC (Neldon Johnson, designee), #4 Exhibit Pl. Ex. 681, United States' Deposition Designations of Neldon Johnson (VOL. II), #5 Exhibit Pl. Ex. 682, United States' Deposition Designations of RaPower-3, LLC (Neldon Johnson, designee))(Moran, Christopher)
February 26, 2018 Filing 301 NOTICE OF FILING of United States' Deposition Designations of John Howell filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 683, United States' Deposition Designations of John Howell)(Moran, Christopher)
February 26, 2018 Filing 300 NOTICE OF FILING of United States' Deposition Designations of Roger Halvorsen filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 690, United States' Deposition Designations of Roger Halvorsen)(Moran, Christopher)
February 26, 2018 Filing 299 NOTICE OF FILING of United States' Deposition Designations for Peter Gregg filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 689. United States' Deposition Designations for Peter Gregg)(Moran, Christopher)
February 26, 2018 Filing 298 NOTICE OF FILING of United States' Deposition Designations for Roger Freeborn filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 688 United States' Deposition Designations for Roger Freeborn)(Moran, Christopher)
February 26, 2018 Filing 297 NOTICE OF FILING of United States' Deposition Designations for Robert Aulds filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 687, United States' Deposition Designations for Robert Aulds)(Moran, Christopher)
February 23, 2018 Filing 296 OBJECTIONS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
February 23, 2018 Filing 295 OBJECTIONS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
February 23, 2018 Filing 294 Proposed Exhibit List Defendants' Pretrial Disclosures by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.. (Garriott, Daniel)
February 20, 2018 Opinion or Order Filing 293 ORDER granting #292 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Evelyn J. Furse on 2/20/2018. (blh)
February 20, 2018 Filing 292 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
February 20, 2018 Opinion or Order Filing 291 DOCKET TEXT ORDER taking under advisement #289 Motion in Limine. Response to Defendants' Motion in Limine shall be due on or before February 26, 2018. Signed by Judge David Nuffer on 02/20/2018. Docket Text Only. No attached document. (ms)
February 13, 2018 Filing 290 MOTION for Attorney Fees and Memorandum in Support re Motions to Compel filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 382, USA Notice of Oveson, Buck, Mantyla Depositions, #2 Exhibit Pl. Ex. 712, Itemized Expenses, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Moran, Christopher) Modified on 2/27/2018: removed excess text (alt)
February 9, 2018 Filing 289 MOTION in Limine to Reinstate Trial by Jury and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven) Modified on 3/7/2018: corrected motion relief (alt)
February 7, 2018 Opinion or Order Filing 288 TRIAL ORDER with instructions to counsel: Final Pretrial Conference set for 3/19/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer. 10-Day Bench Trial set to begin 4/2/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 2/7/18 (alt)
February 5, 2018 Opinion or Order Filing 287 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 3/19/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer. 10 Day Bench Trial set to begin 4/2/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Dates of 10 Day Bench Trial: April 2, 3, 4, 5, 19, 20, 23, 24, 25, 26; and if necessary May 9; and June 4. Signed by Judge David Nuffer on 02/05/2018. (ms)
January 31, 2018 Filing 286 OBJECTIONS to 280 Order on Motion in Limine, filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Text of Proposed Order)(Paul, Steven)
January 31, 2018 Filing 285 OBJECTIONS to 281 Order on Motion to Dismiss, filed by Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Text of Proposed Order)(Paul, Steven)
January 26, 2018 Set/Reset Hearings: Final Pretrial Conference set for 3/19/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer.10-Day Bench Trial set for 4/2/2018 4/3/2018 4/4/2018 4/5/2018 4/19/2018 04/20/2018 4/23/2018 4/24/2018 5/9/2018 6/4/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. (asb)
January 25, 2018 Opinion or Order Filing 284 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 3/19/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer. 10 Day Bench Trial set to begin 4/2/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Dates of 10 Day Bench Trial: April 2, 3, 4, 5, 19, 20, 23, 24; May 9; and June 4. Signed by Judge David Nuffer on 01/25/2018. (ms)
January 24, 2018 Opinion or Order Filing 283 MEMORANDUM DECISION AND ORDER overruling objection and affirming Magistrate Judge's #235 Order on #226 Motion for Sanctions. Signed by Judge David Nuffer on 1/24/18 (alt)
January 22, 2018 Opinion or Order Filing 282 DOCKET TEXT ORDER deferring ruling on #249 Motion in Limine; deferring ruling on #250 Motion in Limine. Plaintiff's Motions in Limine will be reserved until trial. The experts should prepare to testify. Signed by Judge David Nuffer on 01/22/2018. No attached document. (ms)
January 22, 2018 Opinion or Order Filing 281 DOCKET TEXT ORDER denying #257 Defendant's Motion to Dismiss. For the reasons set forth in Plaintiffs Memorandum in Opposition #260 , Defendants motion is DENIED. Counsel for Plaintiff is directed to prepare and submit a proposed Order. The proposed Order should contain detailed reasoning and citations of legal authority. Signed by Judge David Nuffer on 01/22/2018. No attached document. (ms)
January 22, 2018 Opinion or Order Filing 280 DOCKET TEXT ORDER denying #253 Defendant's Motion in Limine. For the reasons set forth in Plaintiffs Opposition #263 , Defendants motion is DENIED. Counsel for Plaintiff is directed to prepare and submit a proposed Order denying the Motion. Signed by Judge David Nuffer on 01/22/2018. No attached document. (ms)
January 22, 2018 Deadlines/Hearings terminated. Past-due deadlines terminated to make the hearing/deadlines report up-to-date. (asb)
January 12, 2018 Filing 279 RESPONSE re #265 Memorandum in Opposition to Motion, re Evidentiary Objections filed by USA. (Attachments: #1 Exhibit Pl. Ex. 701, United States' Notice of Witness Depositions (including Frank Lunn), #2 Exhibit Pl. Ex. 702, United States' Notice of Witness Depositions (including Robert Aulds))(Gallagher, Erin) Modified on 1/12/2018: corrected text (alt)
January 12, 2018 Filing 278 Plaintiff's REPLY to Response to Motion re #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems filed by Plaintiff USA. (Hines, Erin)
January 12, 2018 Filing 277 REPLY to Response to Motion re #251 MOTION for Partial Summary Judgment filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Pl. Ex. 23A, #3 Exhibit Pl. Ex. 355, #4 Exhibit Pl. Ex. 358, #5 Exhibit Pl. Ex. 361, #6 Exhibit Pl. Ex. 362, #7 Exhibit Pl. Ex. 364, #8 Exhibit Pl. Ex. 479, #9 Exhibit Pl. Ex. 548, #10 Exhibit Pl. Ex. 580, #11 Exhibit Pl. Ex. 703, #12 Exhibit Pl. Ex. 704)(Gallagher, Erin)
January 12, 2018 Filing 276 NOTICE OF FILING of of Exhibit List re #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson filed by Plaintiff USA. (Moran, Christopher)
January 12, 2018 Filing 275 NOTICE OF FILING of Exhibit List re #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson filed by Plaintiff USA. (Hines, Erin)
January 12, 2018 Filing 274 Plaintiff's REPLY to Response to Motion re #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson filed by Plaintiff USA. (Hines, Erin)
January 12, 2018 Filing 273 Defendant's REPLY to Response to Motion re #257 Defendant's MOTION to Dismiss filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver) Modified on 1/12/2018: removed unnecessary text (alt)
January 12, 2018 Filing 272 Defendant's REPLY to Response to Motion re #253 Defendant's MOTION in Limine to Strike Expert Report and Exclude Testimony of Thomas Mancini filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Expert Witness [Dr. Tom Mancini] Statement of Work)(Snuffer, Denver)
January 12, 2018 Filing 271 Plaintiff's REPLY to Response to Motion re #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson filed by Plaintiff USA. (Moran, Christopher)
January 8, 2018 Filing 270 Motions No Longer Referred: #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems (ms)
December 17, 2017 Filing 269 Defendant's MEMORANDUM in Opposition re #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit List of Patents of N. Johnson)(Snuffer, Denver)
December 17, 2017 Filing 268 Defendant's MEMORANDUM in Opposition re #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit 2013 Dept. of Energy Renewable Energy Data Book)(Snuffer, Denver)
December 17, 2017 Filing 267 NOTICE of Death of Roger Freeborn by Roger Freeborn (Snuffer, Denver)
December 17, 2017 Filing 266 Defendant's AFFIDAVIT/DECLARATION of Neldon Johnson in Opposition re #251 MOTION for Partial Summary Judgment filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
December 17, 2017 Filing 265 Defendant's MEMORANDUM in Opposition re #251 MOTION for Partial Summary Judgment filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit List of N. Johnson Patents, #2 Exhibit Excerpts from Dep. of Thomas R. Mancini, #3 Exhibit Excerpts from Dep. of RaPower3, #4 Exhibit Excerpts from Dep. Todd F. Anderson, #5 Exhibit Anderson Letter, #6 Exhibit Excerpts from Dep. Jessica Anderson, #7 Exhibit Excerpts from Dep. of Kenneth W. Birrell, #8 Exhibit Excerpts from Dep. IAS Inc., #9 Exhibit Plaintiff's Exhibit 466, #10 Exhibit Plaintiff's Exhibit 363)(Snuffer, Denver)
December 17, 2017 Filing 264 Defendant's RESPONSE to Motion re #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Snuffer, Denver)
December 15, 2017 Filing 263 MEMORANDUM in Opposition re #253 Defendant's MOTION in Limine to Strike Expert Report and Exclude Testimony of Thomas Mancini filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 15, #2 Exhibit Pl. Ex. 699, #3 Exhibit Pl. Ex. 700, #4 Exhibit Defs. Ex. 1005, #5 Exhibit Defs. Ex. 1006)(Gallagher, Erin)
December 15, 2017 Filing 262 MEMORANDUM in Opposition re #257 Defendant's MOTION to Dismiss filed by Plaintiff USA. (Gallagher, Erin)
November 27, 2017 Opinion or Order Filing 261 ORDER granting in part and denying in part #259 Motion for Extension of Time to File Response/Reply re #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems, #253 Defendant's MOTION in Limine to Strike Expert Report and Exclude Testimony of Thomas Mancini, #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson, #257 Defendant's MOTION to Dismiss, #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson, #251 MOTION for Partial Summary Judgment: Responses due by 12/17/2017; Replies due by 1/12/2018. Signed by Judge David Nuffer on 11/27/17 (alt)
November 27, 2017 Filing 260 MEMORANDUM in Opposition re #259 MOTION for Extension of Time to File Response/Reply as to #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems, #251 MOTION for Partial Summary Judgment, #249 MOTION filed by Plaintiff USA. (Attachments: #1 Exhibit 698)(Gallagher, Erin)
November 22, 2017 Filing 259 MOTION for Extension of Time to File Response/Reply as to #252 MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems, #251 MOTION for Partial Summary Judgment, #249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson, #250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Notice of Filing Doc. 249, #2 Exhibit Notice of Filing Doc. 250, #3 Exhibit Notice of Filing Doc. 251, 254,255,256, #4 Exhibit Notice of Filing Doc. 252) Motions referred to Evelyn J. Furse.(Paul, Steven)
November 20, 2017 Filing 258 Motions No Longer Referred: #252 MOTION to Appoint Receiver and Memorandum in Support To Freeze Assets of Defendants Neldon Johnson, RaPower-3, LLC, and International Automated Systems, Inc. District Judge to handle the Motion. (lnp)
November 17, 2017 Filing 257 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, RaPower-3. (Attachments: #1 Affidavit Declaration of Paul W. Jones (With Exhibits))(Snuffer, Denver)
November 17, 2017 Filing 256 APPENDIX to #251 MOTION for Summary Judgment and Memorandum in Support partial filed by Plaintiff USA vol. 3. (Attachments: #1 Exhibit 503, #2 Exhibit 504, #3 Exhibit 509, #4 Exhibit 511, #5 Exhibit 512, #6 Exhibit 520, #7 Exhibit 531, #8 Exhibit 532, #9 Exhibit 533, #10 Exhibit 535, #11 Exhibit 539, #12 Exhibit 557, #13 Exhibit 558, #14 Exhibit 579, #15 Exhibit 581, #16 Exhibit 666, #17 Exhibit 673, #18 Exhibit 674, #19 Exhibit 676, #20 Exhibit 677, #21 Exhibit 678, #22 Exhibit 679, #23 Exhibit 680, #24 Exhibit 681, #25 Exhibit 682, #26 Exhibit 683, #27 Exhibit 685, #28 Exhibit 686, #29 Exhibit 687, #30 Exhibit 688, #31 Exhibit 689, #32 Exhibit 690, #33 Exhibit 693, #34 Exhibit 694, #35 Exhibit 695, #36 Exhibit 696, #37 Exhibit 697)(Gallagher, Erin)
November 17, 2017 Filing 255 APPENDIX to #251 MOTION for Summary Judgment and Memorandum in Support partial filed by Plaintiff USA vol. 2. (Attachments: #1 Exhibit 220, #2 Exhibit 237, #3 Exhibit 246, #4 Exhibit 249, #5 Exhibit 260, #6 Exhibit 267, #7 Exhibit 270, #8 Exhibit 279, #9 Exhibit 282, #10 Exhibit 292, #11 Exhibit 294, #12 Exhibit 297, #13 Exhibit 323, #14 Exhibit 340, #15 Exhibit 341, #16 Exhibit 348, #17 Exhibit 352, #18 Exhibit 383, #19 Exhibit 412, #20 Exhibit 419, #21 Exhibit 420, #22 Exhibit 424, #23 Exhibit 425, #24 Exhibit 426, #25 Exhibit 439, #26 Exhibit 441, #27 Exhibit 459, #28 Exhibit 460, #29 Exhibit 462, #30 Exhibit 463, #31 Exhibit 464, #32 Exhibit 465, #33 Exhibit 468, #34 Exhibit 469, #35 Exhibit 470, #36 Exhibit 471, #37 Exhibit 473, #38 Exhibit 474, #39 Exhibit 481, #40 Exhibit 490, #41 Exhibit 491, #42 Exhibit 492, #43 Exhibit 493, #44 Exhibit 496, #45 Exhibit 497, #46 Exhibit 498, #47 Exhibit 499, #48 Exhibit 500, #49 Exhibit 501, #50 Exhibit 502)(Gallagher, Erin)
November 17, 2017 Filing 254 APPENDIX to #251 MOTION for Summary Judgment and Memorandum in Support partial filed by Plaintiff USA vol. 1. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 8A, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 24, #9 Exhibit 25, #10 Exhibit 32, #11 Exhibit 34, #12 Exhibit 40, #13 Exhibit 43, #14 Exhibit 48, #15 Exhibit 49, #16 Exhibit 54, #17 Exhibit 61, #18 Exhibit 70, #19 Exhibit 72, #20 Exhibit 77, #21 Exhibit 80, #22 Exhibit 85, #23 Exhibit 88, #24 Exhibit 91, #25 Exhibit 93, #26 Exhibit 94, #27 Exhibit 95, #28 Exhibit 109, #29 Exhibit 112, #30 Exhibit 114, #31 Exhibit 119, #32 Exhibit 121, #33 Exhibit 125, #34 Exhibit 141, #35 Exhibit 157, #36 Exhibit 158, #37 Exhibit 159, #38 Exhibit 174, #39 Exhibit 181, #40 Exhibit 185, #41 Exhibit 186, #42 Exhibit 188, #43 Exhibit 189, #44 Exhibit 204, #45 Exhibit 207, #46 Exhibit 213, #47 Exhibit 214, #48 Exhibit 216, #49 Exhibit 217, #50 Exhibit 218)(Gallagher, Erin)
November 17, 2017 Filing 253 Defendant's MOTION in Limine and Memorandum in Support to Strike Expert Report and Exclude Testimony of Thomas Mancini filed by Defendants International Automated Systems, Neldon Johnson, RaPower-3. (Attachments: #1 Exhibit Expert Report of Thomas Mancini, #2 Exhibit Deposition of Thomas Mancini)(Snuffer, Denver) Modified on 11/20/2017: corrected text (alt)
November 17, 2017 Filing 252 MOTION to Appoint Receiver and Memorandum in Support to Freeze Assets of Defendants Neldon Johnson, RaPower-3, and International Automated Systems filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 1, #2 Exhibit Pl. Ex. 2, #3 Exhibit Pl. Ex. 24, #4 Exhibit Pl. Ex. 25, #5 Exhibit Pl. Ex. 32, #6 Exhibit Pl. Ex. 40, #7 Exhibit Pl. Ex. 93, #8 Exhibit Pl. Ex. 125, #9 Exhibit Pl. Ex. 214, #10 Exhibit Pl. Ex. 216, #11 Exhibit Pl. Ex. 246, #12 Exhibit Pl. Ex. 279, #13 Exhibit Pl. Ex. 294, #14 Exhibit Pl. Ex. 492, #15 Exhibit Pl. Ex. 496, #16 Exhibit Pl. Ex. 511, #17 Exhibit Pl. Ex. 520, #18 Exhibit Pl. Ex. 531, #19 Exhibit Pl. Ex. 532, #20 Exhibit Pl. Ex. 579, #21 Exhibit Pl. Ex. 581, #22 Exhibit Pl. Ex. 646, #23 Exhibit Pl. Ex. 647, #24 Exhibit Pl. Ex. 648, #25 Exhibit Pl. Ex. 649, #26 Exhibit Pl. Ex. 650, #27 Exhibit Pl. Ex. 666, #28 Exhibit Pl. Ex. 673, #29 Exhibit Pl. Ex. 674, #30 Exhibit Pl. Ex. 677, #31 Exhibit Pl. Ex. 681, #32 Exhibit Pl. Ex. 682, #33 Exhibit Pl. Ex. 683, #34 Exhibit Pl. Ex. 684, #35 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hines, Erin) Modified on 11/20/2017: corrected text (alt)
November 17, 2017 Filing 251 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order)(Gallagher, Erin) Modified on 11/20/2017: corrected motion relief (alt)
November 17, 2017 Filing 250 MOTION in Limine and Memorandum in Support to Exclude "Expert" Testimony of Neldon Johnson filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 1, #2 Exhibit Pl. Ex. 24, #3 Exhibit Pl. Ex. 25, #4 Exhibit Pl. Ex. 40, #5 Exhibit Pl. Ex. 214, #6 Exhibit Pl. Ex. 216, #7 Exhibit Pl. Ex. 492, #8 Exhibit Pl. Ex. 507, #9 Exhibit Pl. Ex. 520, #10 Exhibit Pl. Ex. 579, Deposition of Neldon Johnson, volume 1, #11 Exhibit Pl. Ex. 643, Neldon Johnson's Expert Report, #12 Exhibit Pl. Ex. 646, #13 Exhibit Pl. Ex. 647, #14 Exhibit Pl. Ex. 648, #15 Exhibit Pl. Ex. 649, #16 Exhibit Pl. Ex. 650, #17 Exhibit Pl. Ex. 673, #18 Exhibit Pl. Ex. 674, #19 Exhibit Pl. Ex. 681, Deposition of Neldon Johnson, volume 2, #20 Text of Proposed Order)(Hines, Erin)
November 17, 2017 Filing 249 MOTION in Limine and Memorandum in Support to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 1, #2 Exhibit Pl. Ex. 20, #3 Exhibit Pl. Ex. 24, #4 Exhibit Pl. Ex. 25, #5 Exhibit Pl. Ex. 40, #6 Exhibit Pl. Ex. 78, #7 Exhibit Pl. Ex. 112, #8 Exhibit Pl. Ex. 163, #9 Exhibit Pl. Ex. 214, #10 Exhibit Pl. Ex. 216, #11 Exhibit Pl. Ex. 244, #12 Exhibit Pl. Ex. 282, #13 Exhibit Pl. Ex. 492, #14 Exhibit Pl. Ex. 518, #15 Exhibit Pl. Ex. 520, #16 Exhibit Pl. Ex.625, #17 Exhibit Pl. Ex. 631, #18 Exhibit Pl. Ex. 632, #19 Exhibit Pl. Ex. 637, #20 Exhibit Pl. Ex. 638, #21 Exhibit Pl. Ex. 639, #22 Exhibit Pl. Ex. 640, #23 Exhibit Pl. Ex. 641, #24 Exhibit Pl. Ex. 651 (Part 1), Kurt Hawes' Expert Report, #25 Exhibit Pl. Ex. 651 (Part 2), Kurt Hawes' Expert Report, #26 Exhibit Pl. Ex. 659, Richard Jameson's Expert Report, #27 Exhibit Pl. Ex. 666, Deposition of Richard Jameson, #28 Exhibit Pl. Ex. 670, #29 Exhibit Pl. Ex. 671, #30 Exhibit Pl. Ex. 672, Deposition of Kurt Hawes, #31 Exhibit Pl. Ex. 673, Deposition of LTB1, LLC, #32 Exhibit Pl. Ex. 674, #33 Text of Proposed Order)(Moran, Christopher)
November 14, 2017 Filing 247 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing for Sanctions and Extension of Time to Complete Discovery held on October 23, 2017 before Judge Evelyn J. Furse. Court Reporter/Transcriber Karen Murakami, 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. 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 12/5/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018. (las) Modified on 2/12/2018 by removing restricted text (las).
November 2, 2017 Filing 246 EXHIBIT 669 filed by USA re #242 Sealed Document and 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions. (lnp)
November 2, 2017 Filing 245 EXHIBIT 668 filed by USA re #242 Sealed Document and 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions. (lnp)
November 2, 2017 Filing 244 EXHIBIT 659 filed by USA re #242 Sealed Document and 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions.(lnp)
November 2, 2017 Filing 243 EXHIBIT 181 filed by USA re 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions.(lnp)
November 2, 2017 Filing 242 **SEALED EXHIBITS** re 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions. (Attachments: #1 Plaintiff's Exhibit #613 , #2 Plaintiff's Exhibits #668 , #3 Plaintiff's Exhibits #669 )(lnp)
November 2, 2017 Opinion or Order Filing 241 DOCKET TEXT ORDER GRANTING #239 Motion to Stay. Enforcement of the Order Granting Plaintiff's Expedited Motion for Sanctions #235 is stayed pending review of Defendants' Objection to the Order #238 by Judge Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 11/2/2017. (nas)
November 1, 2017 Filing 240 AFFIDAVIT/DECLARATION of Neldon Johnson in Support re #239 MOTION to Stay re #235 Order on Motion for Sanctions, Order on Motion to Expedite and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Exhibit Email Threat of Lawsuit)(Paul, Steven)
November 1, 2017 Filing 239 MOTION to Stay re #235 Order on Motion for Sanctions, Order on Motion to Expedite and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Evelyn J. Furse.(Paul, Steven)
November 1, 2017 Filing 238 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 re #235 Order on Motion for Sanctions, Order on Motion to Expedite (Paul, Steven)
November 1, 2017 Filing 237 CERTIFICATE OF SERVICE by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard re #235 Order on Motion for Sanctions, Order on Motion to Expedite (Paul, Steven)
October 26, 2017 Modification of Docket re #209 Order on Sealed Motion. Correction: Document has been unsealed per #233 Order. (alt)
October 25, 2017 Opinion or Order Filing 236 ORDER GRANTING #229 Motion to Depose Richard Jameson Out of Time. Signed by Magistrate Judge Evelyn J. Furse on 10/25/2017. (nas)
October 25, 2017 Opinion or Order Filing 235 ORDER GRANTING #226 Expedited Motion for Sanctions. Signed by Magistrate Judge Evelyn J. Furse on 10/25/2017. (nas)
October 23, 2017 Filing 234 Minute Order. Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions and Memorandum in Support MOTION to Expedite order on motion for sanctions and Memorandum in Support filed by USA, #229 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by USA. Court hears argument from counsel. Plaintiff's counsel submits exhibits. Court seals a portion of the exhibits presented. After hearing argument from counsel, the Court TAKES UNDER ADVISEMENT #226 Motion for Sanctions/ #226 Motion to Expedite and also TAKES UNDER ADVISEMENT #229 Motion for Extension of Time to Complete Discovery. Court to issue written orders. Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant Steven R. Paul. Court Reporter: Electronic.(Time Start: 3:37:15, Time End: 5:10:59, Room 7.100.) (lnp)
October 20, 2017 NOTICE of Unsealing Documents #137 Motion to Compel and #209 Order granting the Motion to Compel per #233 ORDER. (jds)
October 20, 2017 Opinion or Order Filing 233 ORDER granting #228 Motion to Unseal Document #209 Order on Sealed Motion and #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla. Signed by Magistrate Judge Evelyn J. Furse on 10/20/2017. (jds)
October 20, 2017 Filing 232 MEMORANDUM in Opposition re #229 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Cover Page of Jameson Deposition, #2 Exhibit Excerpt from Jameson Expert Report, #3 Exhibit Jameson Deposition Word Index Excerpt)(Paul, Steven)
October 20, 2017 Filing 231 RESPONSE to Motion re #226 MOTION for Sanctions and Memorandum in Support MOTION to Expedite order on motion for sanctions and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
October 19, 2017 Opinion or Order Filing 230 DOCKET TEXT ORDER Any opposition to United States' Motion to Depose Richard Jameson Out of Time #229 shall be filed by 9:00am Monday, October 23, 2017. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 10/19/2017. (nas)
October 18, 2017 Filing 229 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 664, #2 Exhibit 665, #3 Exhibit 666, #4 Exhibit 667) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
October 12, 2017 Filing 228 MOTION to Unseal Document #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla filed by USA and Memorandum in Support and Doc. No. 209 (Court's Order) filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 660, Letter of 8/16/2017 to Defendants' counsel, #2 Exhibit Pl. Ex. 661, Letter of 9/7/2017 to Eric Benson, #3 Exhibit Pl. Ex. 662, Letter of 9/15/2017 from Eric Benson, to counsel for the United States, #4 Exhibit PL. Ex. 663, Email Correspondence between Eric Benson and Christopher Moran) Motions referred to Evelyn J. Furse.(Moran, Christopher)
October 11, 2017 Filing 227 NOTICE OF HEARING ON MOTION re: #226 MOTION for Sanctions and Memorandum in Support MOTION to Expedite order on motion for sanctions and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 10/23/2017 at 03:30 PM in Rm 7.100 before Magistrate Judge Evelyn J. Furse. (lnp)
October 11, 2017 Filing 226 MOTION for Sanctions and Memorandum in Support , MOTION to Expedite order on motion for sanctions and Memorandum in Support filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Gallagher, Erin)
September 28, 2017 Filing 225 DESIGNATION OF EXPERTS Richard Jameson and Certificate of Service of Expert Report filed by Defendants Roger Freeborn, R. Gregory Shepard.(Paul, Steven)
September 27, 2017 Filing 224 NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of Roger Freeborn, R. Gregory Shepard (Snuffer, Denver)
September 27, 2017 Filing 223 NOTICE of Appearance by Daniel B. Garriott on behalf of Roger Freeborn, R. Gregory Shepard (Garriott, Daniel)
September 27, 2017 Filing 222 NOTICE of Appearance by Steven R. Paul on behalf of Roger Freeborn, R. Gregory Shepard (Paul, Steven)
September 15, 2017 Filing 221 DESIGNATION OF EXPERTS Neldon P. Johnson and Certificate of Service of Expert Report of Neldon P. Johnson filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3.(Paul, Steven)
September 15, 2017 Filing 220 DESIGNATION OF EXPERTS Kurt O. Hawes, JD, MBA and Certificate of Service of Expert Report of Kurt O. Hawes filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3.(Paul, Steven)
September 13, 2017 Opinion or Order Filing 219 ORDER granting #213 Motion for Extension of Time to Complete Discovery/Depose Jessica Anderson Out of Time. Signed by Magistrate Judge Evelyn J. Furse on 9/12/17 (alt)
September 13, 2017 Opinion or Order Filing 218 ORDER granting #210 Motion to Compel Production of Documents. Signed by Magistrate Judge Evelyn J. Furse on 9/12/17 (alt)
August 30, 2017 Opinion or Order Filing 216 ORDER granting #211 Motion to Withdraw as Attorney. Attorney Donald S. Reay withdrawn from case for R. Gregory Shepard and Roger Freeborn. Signed by Magistrate Judge Evelyn J. Furse on 8/29/17 (alt)
August 29, 2017 Filing 217 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 8/29/2017 re #210 MOTION to Compel production of documents and Memorandum in Support MOTION to Expedite and Memorandum in Support filed by USA, #213 MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION to Expedite order on motion to depose Jessica Anderson out of time and Memorandum in Support filed by USA. Court hears argument from counsel and GRANTS #210 MOTION to Compel production of documents and GRANTS #213 MOTION for Extension of Time to Complete Discovery. Court instructs Government counsel to prepare and submit proposed orders for the two motions. Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Attorney for Defendant: Steven R. Paul. Court Reporter: Electronic.(Time Start: 2:05:44, Time End: 3:55:16, Room 7.400.)(lnp)
August 25, 2017 Filing 215 MEMORANDUM in Opposition re #213 MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION to Expedite order on motion to depose Jessica Anderson out of time and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Exhibit Anderson Letter)(Paul, Steven)
August 24, 2017 NOTICE VACATING HEARING ON MOTION RE: #211 MOTION to Withdraw as Attorney and Memorandum in Support for Defendants Freeborn and Shepard set for 8/29/2017 at 2:00 PM before Judge Evelyn J. Furse (Notice generated by EJF Chambers) (lnp)
August 22, 2017 Filing 214 AMENDED NOTICE OF HEARING ON MOTIONS re: #210 MOTION to Compel production of documents and Memorandum in Support MOTION to Expedite and Memorandum in Support , #213 MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION to Expedite order on motion to depose Jessica Anderson out of time and Memorandum in Support , #211 MOTION to Withdraw as Attorney and Memorandum in Support for Defendants Freeborn and Shepard : (Notice generated by EJF Chambers) Motion Hearing set for 8/29/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE THE DATE AND TIME CHANGE AND THE ADDITION OF MOTIONS #211 AND #213 . (lnp)
August 21, 2017 Filing 213 MOTION for Extension of Time to Complete Discovery and Memorandum in Support , MOTION to Expedite order on motion to depose Jessica Anderson out of time and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 23, #2 Exhibit 480, #3 Exhibit 570, #4 Exhibit 571, #5 Exhibit 572, #6 Exhibit 574, #7 Exhibit 575, #8 Exhibit 576, #9 Exhibit 578, #10 Exhibit 579, #11 Exhibit 580, #12 Exhibit 581, #13 Exhibit 582) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
August 18, 2017 Filing 212 NOTICE OF HEARING ON MOTION re: #210 MOTION to Compel production of documents and Memorandum in Support MOTION to Expedite and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 8/25/2017 at 10:30 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (lnp)
August 17, 2017 Filing 211 MOTION to Withdraw as Attorney and Memorandum in Support for Defendants Freeborn and Shepard filed by Defendants Roger Freeborn, R. Gregory Shepard. (Attachments: #1 Text of Proposed Order on Motion to Withdraw) Motions referred to Evelyn J. Furse.(Reay, Donald)
August 17, 2017 Filing 210 MOTION to Compel production of documents and Memorandum in Support , MOTION to Expedite and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 568, #2 Exhibit 569, #3 Exhibit 570, #4 Exhibit 571, #5 Exhibit 572, #6 Exhibit 573 (excerpts), #7 Exhibit 574 (excerpts), #8 Exhibit 575 (excerpts), #9 Exhibit 576 (excerpts), #10 Exhibit 577) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
July 21, 2017 Opinion or Order Filing 209 ORDER SEALED granting #137 Sealed Motion to compel deposition testimony of Certified Public Accountants (CPAs) Cody Buck, Ken Oveson, and David Mantyla. Signed by Magistrate Judge Evelyn J. Furse on 7/19/2017. (Attachments: #1 Mailing Certificate) (jds) Modified on 10/20/2017; Unsealed per #233 Order (jds).
July 18, 2017 Filing 208 REQUEST to Submit for Decision re #136 Notice of Conventional Filing filed by Plaintiff USA. (Moran, Christopher)
July 7, 2017 Filing 207 NOTICE of Todd Anderson's Response to Subpeona for Records by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 re #206 Order on Motion to Compel (Paul, Steven)
July 6, 2017 Opinion or Order Filing 206 ORDER granting #163 Motion to Compel Todd Anderson to Produce Certain Documents. Signed by Magistrate Judge Evelyn J. Furse on 7/6/17 (alt)
July 6, 2017 Opinion or Order Filing 205 AMENDED SCHEDULING ORDER following 6/15/2017 hearing: Discovery due by 11/3/2017. Motions due by 11/17/2017. Final Pretrial Conference set for 4/2/2018 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 10 Day Bench Trial set for 4/16/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 7/6/2017. (jds)
July 3, 2017 Filing 204 OBJECTIONS to United States' Proposed Order to #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed to United States' Proposed Order filed by Todd Anderson. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Martin, Byron)
June 29, 2017 Opinion or Order Filing 203 ORDER granting #140 Motion to Compel Deposition Testimony of Kenneth Birrell. Signed by Magistrate Judge Evelyn J. Furse on 6/29/17 (alt)
June 27, 2017 Opinion or Order Filing 202 MEMORANDUM DECISION AND ORDER denying #173 12(f) Motion to Strike. Signed by Judge David Nuffer on 6/27/17 (alt)
June 26, 2017 Filing 201 REQUEST to Submit for Decision re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Paul, Steven)
June 23, 2017 Filing 200 Minute Order. Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 6/23/2017 re #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed filed by USA. Court hears argument from counsel and GRANTS #163 and GRANTS #140 MOTION to Compel Todd Anderson to produce documents and GRANTS MOTION to Compel deposition testimony of Kenneth Birrell. Court instructs counsel to prepare and submit proposed orders. Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant Steven R. Paul. Attorney for Movant: Byron Martin for Movant Todd Anderson. Attorney for Movant: Christopher S. Hill for Movant Kenneth Birrell. Court Reporter: Electronic.(Time Start: 4:04:05, Time End: 4:25:19, Room 8.400.) (lnp)
June 23, 2017 Filing 199 REPLY to Response to Motion re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) JOINDER filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
June 23, 2017 Filing 198 REPLY to Response to Motion re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Garriott, Daniel)
June 16, 2017 Opinion or Order Filing 197 ORDER granting #178 Motion for Extension of Time to Take Certain Discovery Out of Time. Signed by Magistrate Judge Evelyn J. Furse on 6/15/17 (alt)
June 16, 2017 Opinion or Order Filing 196 ORDER granting #170 Motion for Protective Order: Defendants shall not depose any representative of the USDOJ Tax Division. Signed by Magistrate Judge Evelyn J. Furse on 6/15/17 (alt)
June 15, 2017 Filing 195 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 6/15/2017 re #170 MOTION for Protective Order and Memorandum in Support filed by USA, #178 MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION to Expedite order on motion to take discovery out of time and Memorandum in Support filed by USA. Court hears argument from counsel and GRANTS #170 MOTION for Protective Order and GRANTS #178 MOTION for Extension of Time to Complete Discovery. Counsel makes a stipulated oral motion for extension of time to extend the scheduling order dates. Court GRANTS the oral motion and instructs plaintiff's counsel to prepare and submit a proposed order. Attorney for Plaintiff: Erin Hines, Christopher Moran, Attorney for Defendant: Denver C. Snuffer, Jr., Steven R. Paul, Donald S. Reay. Court Reporter: Electronic.(Time Start: 9:01:46, Time End: 10:02:11, Room 8.400.)(lnp)
June 14, 2017 NOTICE VACATING #177 Motion to Quash hearing set for 6/15/2017 at 9:00 AM before Judge Evelyn J. Furse (Notice generated by EJF Chambers). Motion has been withdrawn. (lnp)
June 13, 2017 Filing 194 NOTICE of Withdrawal of Subpoena to IRS by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 re #177 MOTION to Quash Subpoena to IRS and Memorandum in Support (Paul, Steven)
June 9, 2017 Filing 193 NOTICE OF HEARING ON MOTION re: #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed : (Notice generated by EJF Chambers) Motion Hearing set for 6/23/2017 at 04:00 PM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
June 9, 2017 Opinion or Order Filing 192 DOCKET TEXT ORDER granting #182 Motion to Continue; granting #183 Motion to Continue. Signed by Magistrate Judge Evelyn J. Furse on 6/9/2017. No attached document. (lnp)
June 9, 2017 Filing 191 REPLY to Response to Motion re #183 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Movant Todd Anderson. (Martin, Byron)
June 8, 2017 Filing 190 RESPONSE to Motion re #183 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents , #182 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents AND "NON-OPPOSITION" THERETO filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Paul, Steven)
June 8, 2017 Opinion or Order Filing 189 DOCKET TEXT ORDER re #183 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Todd Anderson, #182 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Todd Anderson. Opposition Due 6/9/17. Signed by Magistrate Judge Evelyn J. Furse on 6/8/17. (brm)
June 8, 2017 Filing 188 RESPONSE to Motion re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) and Joinder to Motion filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
June 8, 2017 Filing 187 RESPONSE to Motion re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) and Joinder to Motion filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
June 8, 2017 Filing 186 RESPONSE to Motion re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) and Joinder to Motion filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
June 8, 2017 Filing 185 RESPONSE to Motion re #183 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Plaintiff USA. (Gallagher, Erin)
June 8, 2017 Filing 184 MEMORANDUM in Opposition re #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) filed by Plaintiff USA. (Attachments: #1 Exhibit 10, #2 Exhibit 504, #3 Exhibit 505)(Gallagher, Erin)
June 7, 2017 Filing 183 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Movant Todd Anderson. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Martin, Byron)
June 7, 2017 Filing 182 MOTION to Continue Hearing on United States' Renewed Motion to Compel Todd Anderson to Produce Documents filed by Movant Todd Anderson. Motions referred to Evelyn J. Furse.(Martin, Byron)
June 5, 2017 Filing 181 NOTICE OF HEARING ON MOTIONS re: #178 MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION to Expedite order on motion to take discovery out of time and Memorandum in Support , #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed : (Notice generated by EJF Chambers) Motion Hearing set for 6/15/2017 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
June 5, 2017 Filing 180 MEMORANDUM in Opposition re #170 MOTION for Protective Order and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Paul, Steven)
June 1, 2017 Filing 179 NOTICE OF HEARING ON MOTION re: #177 MOTION to Quash Subpoena to IRS and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 6/15/2017 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. OPPOSITION DUE 6/13/2017. (lnp)
June 1, 2017 Filing 178 MOTION for Extension of Time to Complete Discovery and Memorandum in Support , MOTION to Expedite order on motion to take discovery out of time and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 457, #2 Exhibit 484, #3 Exhibit 485, #4 Exhibit 486, #5 Exhibit 487) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
May 31, 2017 Filing 177 MOTION to Quash Subpoena to IRS and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 488 - Notice of Intent to Subpoena and Subpoena Duces Tecum to IRS, #2 Exhibit 453 - United States' Objections and Responses to Defendants' First Requests to Plaintiff United States, #3 Exhibit 457 - United States' Supplemental Objections and Responses to Defendants' First Discovery Requests to Plaintiff United States, #4 Exhibit 189 - Email correspondence produced by a third-party, #5 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hines, Erin)
May 31, 2017 Filing 176 MEMORANDUM in Opposition re #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Garriott, Daniel)
May 30, 2017 Filing 175 MEMORANDUM in Opposition re #163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed filed by Movant Todd Anderson. (Martin, Byron)
May 30, 2017 Filing 174 Motions No Longer Referred: #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) (jcw)
May 26, 2017 Filing 173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
May 23, 2017 Opinion or Order Filing 172 ORDER granting #165 Motion for Extension of Time. Signed by Magistrate Judge Evelyn J. Furse on 5/23/17 (alt)
May 23, 2017 Filing 171 NOTICE OF HEARING ON MOTION re: #170 MOTION for Protective Order and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 6/15/2017 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. OPPOSITION DUE 6/13/2017. (lnp)
May 22, 2017 Filing 170 MOTION for Protective Order and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 455, #2 Exhibit 456, #3 Exhibit 457) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
May 22, 2017 Filing 169 NOTICE of Appearance by Steven R. Paul on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Paul, Steven)
May 22, 2017 Opinion or Order Filing 168 ORDER granting #164 Motion to Withdraw as Attorney. Attorney Justin D. Heideman withdrawn from case for International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Signed by Magistrate Judge Evelyn J. Furse on 5/22/17 (alt)
May 22, 2017 Filing 167 NOTICE of Appearance by Daniel B. Garriott on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Garriott, Daniel)
May 22, 2017 Filing 166 NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Snuffer, Denver)
May 22, 2017 Filing 165 MOTION for Extension of Time Respond to United States' Renewed Motion to Compel Production of Documents and Memorandum in Support filed by Movant Todd Anderson. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Martin, Byron)
May 19, 2017 Filing 164 MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Exhibit Scheduling Order, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Heideman, Justin)
May 18, 2017 Filing 163 MOTION to Compel Todd Anderson to produce documents and Memorandum in Support renewed filed by Plaintiff USA. (Attachments: #1 Exhibit 1, #2 Exhibit 23, #3 Exhibit 283, #4 Exhibit 353, #5 Exhibit 411, #6 Exhibit 412, #7 Exhibit 449, #8 Exhibit 450, #9 Exhibit 451, #10 Exhibit 452, #11 Exhibit 454) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
May 5, 2017 Filing 162 RESPONSE re #160 Order on Motion to Compel, filed by USA. (Attachments: #1 Exhibit 1, #2 Exhibit 23, #3 Exhibit 231, #4 Exhibit 283, #5 Exhibit 353, #6 Exhibit 370, #7 Exhibit 411, #8 Exhibit 412, #9 Exhibit 449, #10 Exhibit 450, #11 Exhibit 451, #12 Exhibit 452)(Gallagher, Erin)
April 25, 2017 Modification of Docket re #157 Response (NOT to motion), #159 Response (NOT to motion). Error: Document #157 is not a Response but an Objection to the proposed order related to #140 Motion.. Correction: Although the type of filing cannot be changed, the entry text will be corrected to show that it is an "Objection" and it will be linked to the underlying #140 Motion so that it shows on the docket report for that motion. Entry #159 , which is a Response to the Objection, will have its text corrected and a link created to #140 Motion so that it also appears on the motion report for that motion. (alt)
April 24, 2017 Opinion or Order Filing 161 ORDER re #138 MOTION to Compel Todd Anderson to Produce Documents. The United States motion to compel Mr. Anderson to produce certain documents isDENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Evelyn J. Furse on 4/24/2017. (jds)
April 24, 2017 Opinion or Order Filing 160 ORDER granting in part #140 Motion to Compel Deposition Testimony of Kenneth Birrell. Signed by Magistrate Judge Evelyn J. Furse on 4/24/2017. (jds)
April 24, 2017 Filing 159 Plaintiff's RESPONSE re #157 Objection re Proposed Order to #140 MOTION to Compel deposition testimony of Kenneth Birrell filed by USA. (Attachments: #1 Text of Proposed Order re motion to compel deposition testimony of Kenneth Birrell)(Gallagher, Erin) Modified on 4/25/2017: corrected entry text to match actual filing and added link to underlying motion (alt)
April 21, 2017 Opinion or Order Filing 158 ORDER denying #90 Motion to Bifurcate; denying #94 Motion to Bifurcate. Signed by Judge David Nuffer on 4/21/2017. (jds)
April 21, 2017 Filing 157 RESPONSE OBJECTIONS re Proposed Order to #140 MOTION to Compel deposition testimony of Kenneth Birrell filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Text of Proposed Order)(Heideman, Justin) Modified on 4/25/2017: corrected entry text and linked to underlying motion to match actual filing (alt)
April 21, 2017 Opinion or Order Filing 156 ORDER granting in part and denying in part #143 Motion to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories. Signed by Magistrate Judge Evelyn J. Furse on 4/21/2017. (jwt)
April 12, 2017 Filing 154 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 4/12/2017 re #140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support filed by USA, #143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories and Memorandum in Support filed by USA. Court hears argument from counsel and GRANTS IN PART #143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC. Court instructs Defendant to supplement responses within 21 days. Responses due by 5/3/2017. Court instructs Plaintiff's counsel to prepare and submit a proposed order. Court GRANTS IN PART #140 MOTION to Compel deposition testimony of Kenneth Birrell. Court orders depositions be taken on defendants on limited issue of assertion of right to counsel. The Court instructs the parties to meet and confer further. Court instructs Plaintiff's counsel to prepare and submit a proposed order. Court SEALS the remainder of the hearing from 6:48:09 PM - 8:12:16 PM. Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant: Justin D. Heideman, Christopher Hill, Donald S. Reay. Court Reporter: Electronic.(Time Start: 2:06:22, Time End: 6:48:09, Room 7.400.)(lnp)
April 12, 2017 Filing 153 RESPONSE to Motion re #143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
April 5, 2017 Filing 152 AMENDED NOTICE OF HEARING ON MOTIONS re: #143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories and Memorandum in Support , #138 MOTION to Compel Todd Anderson to Produce Documents MOTION to Expedite resolution of motion, #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla, #140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing reset for 4/12/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE THE DATE CHANGE. THIS HEARING WILL BE IN PERSON. (lnp)
April 4, 2017 Filing 151 RESPONSE to Motion re #140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
April 4, 2017 Filing 150 RESPONSE to Motion re #138 MOTION to Compel Todd Anderson to Produce Documents MOTION to Expedite resolution of motion filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
April 4, 2017 Filing 149 NOTICE OF HEARING ON MOTION re: #143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories and Memorandum in Support , #138 MOTION to Compel Todd Anderson to Produce Documents MOTION to Expedite resolution of motion, #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla, #140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 4/7/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (lnp)
April 3, 2017 Filing 148 RESPONSE to Motion re #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla Short Form Response filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
April 3, 2017 Filing 147 RESPONSE to Motion re #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
March 31, 2017 Filing 146 RESPONSE to Motion re #140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support filed by Movant Kenneth Birrell. (Attachments: #1 Text of Proposed Order) Attorney Christopher S. Hill added to party Kenneth Birrell(pty:mov)(Hill, Christopher)
March 30, 2017 Opinion or Order Filing 145 ORDER OF RECUSAL. Magistrate Judge Brooke C. Wells recused. Magistrate Referral reassigned to Magistrate Judge Evelyn J. Furse under 28:636(b)(1)(A) to hear and determine all nondispositive pretrial matters. Motions referred to Evelyn J. Furse. Case number is now 2:15cv00828 DN-EJF. Signed by Magistrate Judge Brooke C. Wells on 3/30/17 (alt)
March 29, 2017 Filing 144 MEMORANDUM in Opposition re #138 MOTION to Compel Todd Anderson to Produce Documents MOTION to Expedite resolution of motion filed by Movant Todd Anderson. (Attachments: #1 Text of Proposed Order Order Denying United States' Motion to Compel Todd Anderson to Produce Documents)(Martin, Byron)
March 29, 2017 Filing 143 MOTION to Compel Defendants Neldon Johnson, RaPower-3, LLC, International Automated Systems, Inc., and LTB1, LLC to answer certain interrogatories and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit excerpts from Pl. Ex. 413 Neldon Johnson's Resp. to US 1st Interrogs., #2 Exhibit excerpts from Pl. Ex. 414, Def. RaPower-3's Resp. to US 1st Set of Interrogs., #3 Exhibit excerpts from Pl. Ex. 415, IAS's Resp. to US 1st Interrogs., #4 Exhibit excerpts from Pl. Ex. 416, LTB1's Resp. to US 1st Interrogs.) Motions referred to Brooke C. Wells.(Gallagher, Erin)
March 28, 2017 Filing 142 Defendant's RESPONSE To United States' Request to Enter Onto Land For Inspection filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
March 28, 2017 Opinion or Order Filing 141 ORDER granting #139 Motion to File Response to Motion to Compel Under Seal. Signed by Magistrate Judge Brooke C. Wells on 3/28/17 (alt)
March 28, 2017 Filing 140 MOTION to Compel deposition testimony of Kenneth Birrell and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit 231, #2 Exhibit 370, #3 Exhibit 409, #4 Exhibit 410, #5 Exhibit 411 excerpt, #6 Exhibit 412 excerpt) Motions referred to Brooke C. Wells.(Gallagher, Erin)
March 24, 2017 Filing 139 MOTION for Leave to File Movants' Response to United States' Motion to Compel , MOTION to Seal re #137 SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla filed by Movants Cody Buck, David Mantyla, Ken Oveson. Motions referred to Brooke C. Wells.(Benson, Eric)
March 24, 2017 Filing 138 MOTION to Compel Todd Anderson to Produce Documents and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher) Modified on 3/24/2017: corrected text (alt)
March 23, 2017 Filing 137 *SEALED DOCUMENT* SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla and Memorandum in Support filed by Plaintiff USA (Attachments: #1 Exhibit Index, #2 Exhibit 87, #3 Exhibit 136, #4 Exhibit 214, #5 Exhibit 221, #6 Exhibit 244, #7 Exhibit 372, #8 Exhibit 373, #9 Exhibit 374, #10 Exhibit 376, #11 Exhibit 377, #12 Exhibit 381, #13 Exhibit 383, #14 Exhibit 384, #15 Exhibit 385, #16 Exhibit 386) Motion referred to Brooke C. Wells (alt) Modified on 7/19/2017 by unterming the motion. (lnp). Modified on 10/20/2017; Changed event type and Unsealed per #233 Order (jds).
March 22, 2017 Filing 136 NOTICE OF CONVENTIONAL FILING of Motion to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla filed by Plaintiff USA (Moran, Christopher)
March 15, 2017 Opinion or Order Filing 135 ORDER granting #134 Motion for Leave to File Motions to Compel Deposition Testimony Under Seal. Signed by Magistrate Judge Brooke C. Wells on 3/15/17 (alt)
March 10, 2017 Filing 134 Amended MOTION for Leave to File Motions to Compel Deposition Testimony Under Seal and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher)
March 9, 2017 Filing 133 Expedited MOTION for Leave to File Motions to Compel Deposition Testimony Under Seal and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher) Modified on 3/10/2017 added Expedited text (las).
February 28, 2017 Opinion or Order Filing 132 ORDER denying #124 Motion to Quash Subpoena; denying #127 Motion to Quash Subpoena. Signed by Magistrate Judge Brooke C. Wells on 2/28/17 (alt)
February 21, 2017 Filing 131 CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to the US's Second Interrogatories to International Automated Systems, Neldon Johnson, LTB1, and RaPower-3 (Heideman, Justin)
February 21, 2017 Filing 130 CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to the US's Second Request for Production of Documents (Heideman, Justin)
February 16, 2017 Filing 129 MEMORANDUM in Opposition re #127 MOTION to Quash Subpoena to Todd Anderson and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit No. 378, Notice of Todd Anderson's Deposition)(Moran, Christopher)
February 15, 2017 Filing 128 REQUEST to Submit for Decision re #124 MOTION to Expedite Handling of Short Form Discovery Motion to Quash Subpoena MOTION to Quash Subpoena filed by Movant Todd Anderson. (Martin, Byron)
February 14, 2017 Filing 127 MOTION to Quash Subpoena to Todd Anderson and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
February 7, 2017 Filing 126 MEMORANDUM in Opposition re #124 MOTION to Expedite Handling of Short Form Discovery Motion to Quash Subpoena MOTION to Quash Subpoena filed by Plaintiff USA. (Attachments: #1 Exhibit 353, United States' correspondence of 12/1/2016, #2 Exhibit 1, RaPower-3 website)(Moran, Christopher)
February 2, 2017 Filing 125 NOTICE of Appearance by Stuart H. Schultz on behalf of Todd Anderson (Schultz, Stuart)
February 2, 2017 Filing 124 MOTION to Expedite Handling of Short Form Discovery Motion to Quash Subpoena , MOTION to Quash Subpoena filed by Movant Todd Anderson. (Attachments: #1 Exhibit 1 - Subpoena to Todd Anderson, #2 Exhibit 2 - Heideman E-mail, #3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Martin, Byron)
February 2, 2017 Filing 123 NOTICE of Appearance by Byron G. Martin on behalf of Todd Anderson (Martin, Byron)
January 31, 2017 Filing 122 REQUEST to Submit for Decision re #90 MOTION to Bifurcate filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
January 13, 2017 Filing 121 CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Supplemental Responses to USA's Request for Production of Documents (Heideman, Justin)
January 12, 2017 Filing 120 CERTIFICATE OF SERVICE by R. Gregory Shepard Response to the USA's Second Request for Production of Documents (Reay, Donald)
January 12, 2017 Filing 119 CERTIFICATE OF SERVICE by R. Gregory Shepard Supplemental Responses to US First Request for Production (Reay, Donald)
January 4, 2017 Filing 118 REQUEST to Submit for Decision re #90 MOTION to Bifurcate filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
November 29, 2016 Opinion or Order Filing 117 ORDER denying without prejudice #55 Motion to Compel; denying without prejudice #56 Motion to Compel; denying without prejudice #57 Motion to Compel; denying without prejudice #59 Motion to Compel; denying without prejudice #62 Motion to Quash; denying without prejudice #65 Motion to Quash; denying without prejudice #70 Motion to Quash; denying without prejudice #83 Motion to Quash; denying without prejudice #84 Motion to Quash; denying without prejudice #87 Motion to Quash; denying without prejudice #111 Motion for Extension of Time; granting in part and deeming moot in part #112 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Brooke C. Wells on 11/29/16 (alt)
November 29, 2016 Opinion or Order Filing 116 PROTECTIVE ORDER. Signed by Magistrate Judge Brooke C. Wells on 11/29/16 (alt)
November 29, 2016 Opinion or Order Filing 115 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. So ordered by Magistrate Judge Brooke C. Wells on 11/29/16 (docket text order only - no order attached) (alt)
November 22, 2016 Filing 114 REQUEST to Submit for Decision re #111 MOTION for Extension of Time to file a motion to amend complaint and join parties and Memorandum in Support filed by Plaintiff USA. (Moran, Christopher)
November 18, 2016 Filing 113 MEMORANDUM in Opposition re #112 Joint MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff USA. (Gallagher, Erin)
November 4, 2016 Filing 112 Joint MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Reay, Donald)
November 4, 2016 Filing 111 MOTION for Extension of Time to file a motion to amend complaint and join parties and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit A, "Defendant Neldon Johnson's Production of Documents") Motions referred to Brooke C. Wells.(Gallagher, Erin)
November 3, 2016 Filing 110 NOTICE OF FILING of Proposed Joint Stipulated Protective Order filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Heideman, Justin)
November 3, 2016 Filing 109 Modification of Docket: Error: counsel uploaded the wrong document. Correction: docket entry stricken and error message added re #107 Notice of Filing. (eat)
November 3, 2016 Filing 108 STATUS REPORT by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Heideman, Justin)
November 3, 2016 Filing 107 *ENTRY ERROR* - Disregard, Incorrect Document Attached. NOTICE OF FILING of Proposed Stipulated Protective Order filed by Defendants Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Heideman, Justin) Modified by striking entry and adding error text on 11/3/2016 (eat).
November 3, 2016 Filing 106 NOTICE OF FILING of United States' Proposed Protective Order filed by Plaintiff USA. (Gallagher, Erin)
November 3, 2016 Filing 105 STATUS REPORT by USA. (Gallagher, Erin)
October 24, 2016 Opinion or Order Filing 104 ORDER: on or by 11/3/16, the parties are to file a new stipulated protective order and a status report regarding the pending motions. Signed by Magistrate Judge Brooke C. Wells on 10/24/16 (alt)
October 21, 2016 Filing 103 ERRATA to #100 Reply Memorandum/Reply to Response to Motion filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3 . (Heideman, Justin)
October 20, 2016 Filing 102 STATUS REPORT Regarding Protective Order by USA. (Moran, Christopher)
October 18, 2016 Filing 101 REPLY to Response to Motion re #94 MOTION to Bifurcate and Joinder filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
October 17, 2016 Filing 100 REPLY to Response to Motion re #90 MOTION to Bifurcate filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
October 7, 2016 Opinion or Order Filing 99 ORDER granting #98 Stipulated Motion for Continued Discovery During Stay. Signed by Magistrate Judge Brooke C. Wells on 10/7/16 (alt)
October 7, 2016 Filing 98 Joint MOTION for Continued Discovery During Stay filed by Plaintiff USA. (Attachments: #1 Joint Stipulation Regarding Continued Discovery During 45 Day Stay, #2 Text of Proposed Order Approving Joint Stipulation) Motions referred to Brooke C. Wells.(Gallagher, Erin) Modified on 10/7/2016: corrected text (alt)
October 4, 2016 Opinion or Order Filing 97 DOCKET TEXT ORDER granting #93 Motion for Leave to File Excess Pages. The United States may file a brief in opposition to the motion for bifurcation of 24 total pages. Signed by Judge David Nuffer on 10/4/2016. (jcw)
October 4, 2016 Filing 96 Motions No Longer Referred: #90 MOTION to Bifurcate, #94 MOTION to Bifurcate and Memorandum in Support , #93 MOTION for Leave to File Excess Pages re Motion to Bifurcate (jcw)
October 3, 2016 Filing 95 MEMORANDUM in Opposition re #94 MOTION to Bifurcate, #90 MOTION to Bifurcate filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A - Email correspondence from Gregory Shepard produced by a third-party customer dated July 19, 2012, #3 Exhibit B - Printout of www.rapower3.com: Start Your Own RaPower3 [sic] Business dated March 2, 2015, #4 Exhibit C - Printout of www.rapower3.com: Start Your Own RaPower3 [sic] Business dated May 1, 2014, #5 Exhibit Email correspondence from Gregory Shepard produced by a third-party customer dated February 19, 2016, #6 Exhibit E - United States First Requests for the Production of Documents to Defendant Neldon Johnson, #7 Exhibit F - Excerpts from the Deposition of Frank F. Lunn, #8 Exhibit 10 - Letter from Gregory Shepard dated March 20, 2015, from IRS files, #9 Exhibit 19 - Printout of www.rapower3.com: Your BIG and Quick Payout dated March 2, 2015, #10 Exhibit 25 - Printout of www.rapower3.com: Satisfying the IRS Depreciation Conditions dated March 2, 2015, #11 Exhibit 26 - Printout of www.rapower3.com: RaPower3 [sic] Basics dated March 2, 2015, #12 Exhibit 32 - Email correspondence from Gregory Shepard produced by a third-party customer dated November 11, 2013, #13 Exhibit 34 - Printout of www.rapower3.com: Your BIG and Quick Payout dated May 1, 2014, #14 Exhibit 35 - Subpoena for the production of documents to Frank F. Lunn, #15 Exhibit 89 - Email correspondence from Gregory Shepard produced by a third-party customer dated January 17, 2014)(Gallagher, Erin)
October 3, 2016 Filing 94 MOTION to Bifurcate and Memorandum in Support filed by Defendants Roger Freeborn, R. Gregory Shepard. Motions referred to Brooke C. Wells.(Reay, Donald)
October 3, 2016 Filing 93 MOTION for Leave to File Excess Pages and Memorandum in Support re Motion to Bifurcate filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Gallagher, Erin)
September 20, 2016 Opinion or Order Filing 92 MEMORANDUM DECISION AND ORDER granting #39 Motion for Relief from Standard Protective Order. Case is stayed for 45 days to allow the parties to negotiate a new protective order. Signed by Magistrate Judge Brooke C. Wells on 9/20/16 (alt)
September 19, 2016 Filing 91 Motions No Longer Referred: #90 MOTION to Bifurcate and Memorandum in Support (jcw)
September 16, 2016 Filing 90 MOTION to Bifurcate and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
September 16, 2016 Filing 89 REPLY to Response to Motion re #84 MOTION to Quash Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
September 16, 2016 Filing 88 REPLY to Response to Motion re #83 MOTION to Quash Production of Information and Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
September 16, 2016 Filing 87 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Exhibit Subpoena to Kenneth Birrell) Motions referred to Brooke C. Wells.(Heideman, Justin)
September 2, 2016 Filing 86 MEMORANDUM in Opposition re #84 MOTION to Quash Subpoenas filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A Email correspondence from Gregory Shepard produced by a third-party, #3 Exhibit B Email correspondence from Gregory Shepard produced by a third-party, #4 Exhibit C Excerpts from the Deposition of Frank F. Lunn, #5 Exhibit D Excerpts from the Deposition of Brian Zeleznik, #6 Exhibit E Excerpts from the Deposition of Lynette L. Williams, #7 Exhibit F Excerpts from the Deposition of Preston F. Olsen, #8 Exhibit G Email correspondence from Gregory Shepard produced by a third-party, #9 Exhibit H Pl. U.S.s Notice of Intent to Subpoena Docs. dated July 21, 2016, #10 Exhibit I Email correspondence from Gregory Shepard produced by a third-party, #11 Exhibit J Excerpts from Gregory Shepards Response to United States First, #12 Exhibit K Email correspondence from Gregory Shepard produced by a third-party, #13 Exhibit L Excerpts from the Deposition of Robert Rowbotham, #14 Exhibit M Flyer for Solar Energy Celebration, #15 Exhibit N Email correspondence from Gregory Shepard produced by a third-party, #16 Exhibit O Excerpt from email correspondence from Gregory Shepard produced by, #17 Exhibit P Email correspondence from Gregory Shepard produced by a third-party, #18 Exhibit 4 Printout of www.rapower3.com: RaPower3 Technology dated March, #19 Exhibit 16 New Solar Breakthrough May Compete with Gas downloaded from, #20 Exhibit 17 IAUS Technical Overview downloaded from prior version of, #21 Exhibit 21 Printout of www.rapower3.com: Site Tours dated March 2, 2015, #22 Exhibit 42 RaPower3 Member Office printout from Frank F. Lunn dated, #23 Exhibit 114 Email correspondence from Gregory Shepard produced by a third-party, #24 Exhibit 154 Email correspondence produced by Preston F. Olsen)(Gallagher, Erin)
September 2, 2016 Filing 85 MEMORANDUM in Opposition re #83 MOTION to Quash Production of Information and Subpoenas filed by Plaintiff USA. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A Excerpts from the Deposition of Frank F. Lunn, #3 Exhibit B Excerpts from the Deposition of Brian Zeleznik, #4 Exhibit C Excerpts from the Deposition of Lynette L. Williams, #5 Exhibit D Excerpts from the Deposition of Preston F. Olsen, #6 Exhibit E Pl. U.S.s Notice of Intent to Subpoena Docs. dated March 14, 2016, #7 Exhibit F Pl. U.S.s Notice of Intent to Subpoena Docs dated April 29, 2016, #8 Exhibit G Letter from Erin Healy Gallagher to Paul Jones dated August 16, 2016, #9 Exhibit H Email correspondence from Gregory Shepard produced by a third-party, #10 Exhibit I Excerpts from Gregory Shepards Response to United States First, #11 Exhibit J Email correspondence from Gregory Shepard produced by a third-party, #12 Exhibit K Excerpts from the Deposition of Robert Rowbotham, #13 Exhibit L Flyer for Solar Energy Celebration, #14 Exhibit M Email correspondence from Gregory Shepard produced by a third-party, #15 Exhibit N Excerpt from email correspondence from Gregory Shepard produced by, #16 Exhibit O Email correspondence from Gregory Shepard produced by a third-party, #17 Exhibit 4 Printout of www.rapower3.com: RaPower3 Technology dated March, #18 Exhibit 16 New Solar Breakthrough May Compete with Gas downloaded from, #19 Exhibit 17 IAUS Technical Overview downloaded from prior version of, #20 Exhibit 21 Printout of www.rapower3.com: Site Tours dated March 2, 2015, #21 Exhibit 35 Subpoena to Frank Lunn dated March 21, 2016, #22 Exhibit 42 RaPower3 Member Office printout from Frank F. Lunn dated, #23 Exhibit 114 Email correspondence from Gregory Shepard produced by a third-party, #24 Exhibit 118 Subpoena to Lynette L. Williams dated May 6, 2016, #25 Exhibit 154 Email correspondence produced by Preston F. Olsen)(Gallagher, Erin)
August 19, 2016 Filing 84 MOTION to Quash Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
August 19, 2016 Filing 83 MOTION to Quash Production of Information and Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
August 19, 2016 Filing 82 RESPONSE to Motion re #70 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
August 15, 2016 Filing 81 MEMORANDUM in Support re #65 MOTION to Quash Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
August 8, 2016 Filing 80 NOTICE of Appearance by Justin D. Heideman on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Heideman, Justin)
August 8, 2016 Filing 79 NOTICE of Appearance by Justin D. Heideman on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Heideman, Justin)
August 8, 2016 Filing 78 REPLY to Response to Motion re #62 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
August 5, 2016 Filing 77 MEMORANDUM in Opposition re #70 MOTION to Quash Subpoena filed by Plaintiff USA. (Attachments: #1 Exhibit A, emails regarding notice of subpoenas, #2 Exhibit B, subpoena to Wells Fargo Bank, N.A.)(Gallagher, Erin)
August 3, 2016 Filing 76 NOTICE of SUPPLEMENTAL AUTHORITY by USA re #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2, 72 Order on Motion for Protective Order, Motion Hearing,,,, (Hines, Erin)
August 3, 2016 Filing 75 NOTICE OF FILING filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
August 2, 2016 Filing 74 NOTICE of filing a corrected exhibit by USA re #71 Memorandum in Opposition to Motion (Attachments: #1 Exhibit A, emails regarding notice of subpoenas) (Gallagher, Erin)
August 1, 2016 Filing 73 MEMORANDUM in Opposition re #65 MOTION to Quash Subpoenas filed by Plaintiff USA. (Attachments: #1 Exhibit A, emails regarding notice of subpoenas, #2 Exhibit B, subpoena to Bank of American Fork)(Gallagher, Erin)
July 27, 2016 Filing 72 Minute Order. Proceedings held before Magistrate Judge Brooke C. Wells. Motion Hearing held on 7/27/2016 re #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 filed by USA. Court heard from parties and took under advisement #39 Motion for Protective Order. Both parties have until Wednesday, August 3, 2016 to submit cases found that support their position. Attorney for Plaintiff: Erin Healy Gallagher, Christopher R. Moran, Attorney for Defendant Justin D. Heideman, Donald S. Reay. Court Reporter: electronic.(Time Start: 2:00, Time End: 2:45, Room 7.4.) (mlp)
July 25, 2016 Filing 71 MEMORANDUM in Opposition re #62 MOTION to Quash Subpoena filed by Plaintiff USA. (Attachments: #1 Exhibit Emails re: Notice of Intent to Subpoena, #2 Exhibit Subpoena)(Hines, Erin)
July 21, 2016 Filing 70 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
July 19, 2016 Filing 69 REPLY to Response to Motion re #59 Amended MOTION to Compel RaPower-3 to Respond to First Interrogatories, #53 MOTION to Compel RaPower-3 to Respond to First Interrogatories MOTION to Expedite filed by Plaintiff USA. (Attachments: #1 Exhibit RaPower-3's Signed, Supplemental Responses to the United States' First Interrogatories)(Moran, Christopher)
July 19, 2016 Filing 68 REPLY to Response to Motion re #56 MOTION to Compel IAS to Sign and Supplement Responses to First Interrogatories MOTION to Expedite filed by Plaintiff USA. (Attachments: #1 Exhibit IAS's Signed, Supplemental Responses to the United States' First Interrogatories)(Moran, Christopher)
July 19, 2016 Filing 67 REPLY to Response to Motion re #55 MOTION to Compel LTB1 to Sign and Supplement Responses to First Interrogatories MOTION to Expedite filed by Plaintiff USA. (Attachments: #1 Exhibit LTB's Signed, Supplemental Responses to the United States' First Interrogatories)(Moran, Christopher)
July 19, 2016 Filing 66 REPLY to Response to Motion re #57 MOTION to Compel Neldon Johnson to Sign and Supplement Response to First Interrogatories MOTION to Expedite filed by Plaintiff USA. (Attachments: #1 Exhibit Neldon Johnson's Signed, Supplemental Responses to the United States' First Interrogatories)(Moran, Christopher)
July 15, 2016 Filing 65 MOTION to Quash Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
July 14, 2016 Filing 64 MEMORANDUM in Opposition re #59 Amended MOTION to Compel RaPower-3 to Respond to First Interrogatories filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
July 14, 2016 Filing 63 NOTICE OF FILING filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
July 11, 2016 Filing 62 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Motions referred to Brooke C. Wells.(Heideman, Justin)
July 5, 2016 Filing 61 STIPULATION to Extend Time to Answer Requests for Discovery by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
June 27, 2016 Opinion or Order Filing 60 ORDER setting briefing on #55 Motion to Compel, #56 Motion to Compel, #57 Motion to Compel, #59 Amended Motion to Compel: Oppositions due 7/7/16; Replies due 7/12/16. Parties are to notify court of the resolution of any issues on or before 7/15/16. Signed by Magistrate Judge Brooke C. Wells on 6/27/16 (alt)
June 27, 2016 Modification of Docket re #58 Supplemental MOTION to Amend/Correct #53 MOTION to Compel RaPower-3, LLC to respond to Plaintiff's First Interrogatories. Error: Document was filed incorrectly as a Motion to Amend. Correction: Motion has been correctly re-filed as #59 Amended Motion to Compel. (alt)
June 27, 2016 Filing 59 Amended MOTION to Compel RaPower-3, LLC to respond to Plaintiff's First Interrogatories and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit RaPower-3's responses to USA's first interrogatories, #2 Exhibit 2016 0602 USA Letter to Justin Heideman) Motions referred to Brooke C. Wells.(Moran, Christopher)
June 23, 2016 Filing 58 RE-FILED AS #59 AMENDED MOTION - Supplemental MOTION to Amend/Correct #53 MOTION to Compel RaPower-3, LLC to respond to Plaintiff's First Interrogatories and Memorandum in Support MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit RaPower-3's responses to USA's first interrogatories, #2 Exhibit 2016 0602 USA Letter to Justin Heideman) Motions referred to Brooke C. Wells.(Moran, Christopher) Modified on 6/27/2016: added re-filing info (alt)
June 22, 2016 Filing 57 MOTION to Compel Neldon Johnson to Sign and Supplement response to USA's First Interrogatories and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit USA's First Interrogatories to Neldon Johnson, #2 Exhibit Neldon Johnson's responses to USA's First Interrogatories, #3 Exhibit 2016 0602 USA Letter to Justin Heideman, #4 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher)
June 22, 2016 Filing 56 MOTION to Compel IAS to sign and supplement its responses to USA's first interrogatories and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit USA's First Interrogatories to IAS, #2 Exhibit IAS' Responses to USA's First Interrogatories, #3 Exhibit 2016 0602 USA Letter to Justin Heideman, #4 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher)
June 22, 2016 Filing 55 MOTION to Compel LTB1 to Sign and Supplement its Responses to Plaintiff's First Interrogatories and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit USA's First Interrogatories to LTB1, LLC, #2 Exhibit LTB1's response to USA's First Interrogatories, #3 Exhibit 2016 0602 USA Letter to Justin Heideman) Motions referred to Brooke C. Wells.(Moran, Christopher)
June 21, 2016 Filing 54 NOTICE OF FILING of Certificate of Service of Defendant RaPower-3 Responses to First Set of Interrogatories filed by Defendant RaPower-3. (Heideman, Justin)
June 21, 2016 Filing 53 MOTION to Compel RaPower-3, LLC to respond to Plaintiff's First Interrogatories and Memorandum in Support , MOTION to Expedite resolution of motion (in accordance with Short Form Discovery Motion Procedure) and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Moran, Christopher)
June 20, 2016 Filing 52 NOTICE OF FILING of Certificate of Service Defendant's Production of Documents filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
June 17, 2016 Filing 51 CERTIFICATE OF SERVICE by Roger Freeborn, R. Gregory Shepard Responses to Plaintiff's First RPD and Supplemental Responses to Plaintiff's First Interrogatories to Defendants (Reay, Donald)
June 13, 2016 Filing 50 NOTICE OF HEARING ON MOTION re: #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 : (Notice generated by chambers) Motion Hearing set for 7/27/2016 at 02:00 PM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (mjw)
May 27, 2016 Filing 49 CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to Plaintiff's First Interrogatories to Defendant International Automated Systems, Inc. (Heideman, Justin)
May 27, 2016 Filing 48 CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to Plaintiff's First Interrogatories to Defendant LTB1 (Heideman, Justin)
May 27, 2016 Filing 47 CERTIFICATE OF SERVICE by Roger Freeborn, R. Gregory Shepard Responses to Plaintiff's First Interrogatories to Defendants (Reay, Donald)
May 18, 2016 Filing 46 SUBSTITUTION OF COUNSEL Justin D. Heideman replacing Rodney R. Parker; Richard A. Van Wagoner; Samuel Alba and James S. Judd as counsel on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
May 13, 2016 Filing 45 REQUEST for Oral Argument re #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Judd, James)
May 9, 2016 Filing 44 REPLY to Response to Motion re #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 filed by Plaintiff USA. (Hines, Erin)
May 2, 2016 Opinion or Order Filing 43 MEMORANDUM DECISION AND ORDER granting #31 Motion to Strike Jury Demand. Signed by Magistrate Judge Brooke C. Wells on 5/2/16 (alt)
April 27, 2016 Filing 42 Minute Order. Proceedings held before Magistrate Judge Brooke C. Wells. Motion Hearing held on 4/27/2016 re #31 MOTION to Strike and Memorandum in Support of Motion to Strike Jury Demand filed by USA. Court heard from cnsl. Court took under advisement #31 Motion to Strike. Order to issue. Attorney for Plaintiff: Christopher R. Moran, Erin R. Hines, Attorney for Defendant James S. Judd, Rodney R. Parker, Donald S. Reay. Court Reporter: electronic.(Time Start: 10:00, Time End: 11:00, Room 7.4.) (mlp)
April 25, 2016 Filing 41 MEMORANDUM in Opposition re #39 MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Parker, Rodney)
April 22, 2016 Opinion or Order Filing 40 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge David Nuffer on 4/22/2016. (jds)
April 11, 2016 Filing 39 MOTION for Protective Order and Memorandum in Support Relief re DUCivR26-2 filed by Plaintiff USA. Motions referred to Brooke C. Wells.(Hines, Erin) Modified on 9/20/2016: corrected text (alt)
April 6, 2016 Filing 38 NOTICE of Appearance by Richard A. Van Wagoner on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Van Wagoner, Richard)
April 6, 2016 Opinion or Order Filing 37 SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 11/4/2016. Joinder of Parties due by 11/4/2016. Expert Discovery due by 10/6/2017. Motions due by 11/10/2017. Final Pretrial Conference set for 4/2/2018 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 10 Day Jury Trial set for 4/16/2018 at 08:30 AM in Rm 3.100 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 4/5/16 (alt)
April 5, 2016 Filing 36 NOTICE of Appearance by Rodney R. Parker on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Parker, Rodney)
March 25, 2016 Filing 35 REPORT OF ATTORNEY PLANNING MEETING. (Hines, Erin)
March 21, 2016 Filing 34 NOTICE OF HEARING ON MOTION re: #31 MOTION to Strike and Memorandum in Support of Motion to Strike Jury Demand : (Notice generated by chambers) Motion Hearing set for 4/27/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (mjw)
March 18, 2016 Filing 33 REPLY to Response to Motion re #31 MOTION to Strike and Memorandum in Support of Motion to Strike Jury Demand filed by Plaintiff USA. (Attachments: #1 Supplement Unpublished Opinion, USA v. Hansen, 05cv0921-L (SD Cal.))(Moran, Christopher)
March 14, 2016 Reset Hearings: Initial Pretrial Conference reset for 4/20/2016 at 10:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (jds)
March 4, 2016 Filing 32 MEMORANDUM in Opposition re #31 MOTION to Strike and Memorandum in Support of Motion to Strike Jury Demand filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Alba, Samuel)
February 22, 2016 Filing 31 MOTION to Strike and Memorandum in Support re Jury Demand filed by Plaintiff USA. Motions referred to Brooke C. Wells.(Moran, Christopher) Modified on 5/2/2016: removed unnecessary text (alt)
February 11, 2016 Reset Hearings: Initial Pretrial Conference reset for 4/13/2016 at 10:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (jds)
February 11, 2016 Opinion or Order Filing 30 ORDER granting #28 Motion to Continue the March 9, 2016. Hearing is reset to April 13, 2016 at 10:00 am. Signed by Magistrate Judge Evelyn J. Furse on 2/10/2016. (jds) Modified time on 2/11/2016 (jds).
February 9, 2016 Filing 29 NOTICE of Appearance by James S. Judd on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Judd, James)
February 9, 2016 Filing 28 MOTION to Continue the March 9, 2016 Hearing and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Text of Proposed Order Order Granting Motion to Continue the March 9, 2016 Hearing) Motions referred to Brooke C. Wells.(Alba, Samuel)
February 4, 2016 Filing 27 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 3/9/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
January 26, 2016 Filing 26 ANSWER to Complaint filed by Roger Freeborn, R. Gregory Shepard.(Reay, Donald)
January 26, 2016 Filing 25 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asb)
January 25, 2016 Filing 24 DEMAND for Trial by Jury by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Alba, Samuel)
January 25, 2016 Filing 23 RE-FILED AS #26 ANSWER - ANSWER to Complaint filed by Roger Freeborn.(Reay, Donald) Modified on 1/29/2016: added re-filing info (alt)
January 21, 2016 Filing 22 ANSWER to Complaint filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. Attorney Samuel Alba added to party International Automated Systems(pty:dft), Attorney Samuel Alba added to party Neldon Johnson(pty:dft), Attorney Samuel Alba added to party LTB1(pty:dft), Attorney Samuel Alba added to party RaPower-3(pty:dft)(Alba, Samuel)
January 18, 2016 Filing 21 NOTICE of Appearance by Donald S. Reay on behalf of R. Gregory Shepard (Reay, Donald)
January 18, 2016 Filing 20 NOTICE of Appearance by Donald S. Reay on behalf of Roger Freeborn (Reay, Donald)
December 31, 2015 Filing 19 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to LTB1 served on 12/5/2015, answer due 12/28/2015. (Attachments: #1 Summons)(Hines, Erin)
December 31, 2015 Filing 18 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to International Automated Systems served on 12/4/2015, answer due 12/28/2015. (Attachments: #1 Summons)(Hines, Erin)
December 31, 2015 Filing 17 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to RaPower-3 served on 12/9/2015, answer due 12/30/2015. (Attachments: #1 Summons)(Hines, Erin)
December 31, 2015 Filing 16 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to Neldon Johnson served on 12/9/2015, answer due 12/30/2015. (Attachments: #1 Summons)(Hines, Erin)
December 31, 2015 Filing 15 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to Roger Freeborn served on 12/4/2015, answer due 12/28/2015. (Attachments: #1 Summons)(Hines, Erin)
December 31, 2015 Filing 14 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by USA as to R. Gregory Shepard served on 12/3/2015, answer due 12/24/2015. (Attachments: #1 Summons)(Hines, Erin)
November 24, 2015 Opinion or Order Filing 13 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge David Nuffer on 11/24/15 (docket text only - no attached document) (alt)
November 23, 2015 Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to LTB1. 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. (eat)
November 23, 2015 Opinion or Order Filing 11 DOCKET TEXT ORDER granting #3 Motion for Admission Pro Hac Vice of Erin Healy Gallagher; granting #4 Motion for Admission Pro Hac Vice of Erin R. Hines; granting #5 Motion for Admission Pro Hac Vice of Christopher R. Moran: all for USA. 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 So ordered by Judge David Nuffer on 11/23/15 (docket text only - no attached document) (alt)
November 23, 2015 Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to R. Gregory Shepard. 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. (mms)
November 23, 2015 Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Neldon Johnson. 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. (mms)
November 23, 2015 Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Roger Freeborn. 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. (mms)
November 23, 2015 Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to RaPower-3. 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. (mms)
November 23, 2015 Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to International Automated Systems. 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. (mms)
November 23, 2015 Filing 5 MOTION for Admission Pro Hac Vice of Christopher R. Moran (no registration fee required) filed by Plaintiff USA. (Attachments: #1 Exhibit A & B - PHV Application & ECF Registration, #2 Text of Proposed Order na)(Mangum, John)
November 23, 2015 Filing 4 MOTION for Admission Pro Hac Vice of Erin R. Hines (no registration fee required) filed by Plaintiff USA. (Attachments: #1 Exhibit A - PHV Application, #2 Text of Proposed Order na)(Mangum, John)
November 23, 2015 Filing 3 MOTION for Admission Pro Hac Vice of Erin Healy Gallagher (no registration fee required) filed by Plaintiff USA. (Attachments: #1 Exhibit A & B - PHV Applic & ECF Registration, #2 Text of Proposed Order na)(Mangum, John)
November 23, 2015 Filing 2 COMPLAINT for Permanent Injunction & Other Equitable Relief against All Defendants No Filing Fee, filed by USA. (Attachments: #1 Civil Cover Sheet) Assigned to Judge David Nuffer (Mangum, John) Modified to correct docket text on 11/23/2015 (eat).
November 23, 2015 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiff USA is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (eat)

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Search for this case: USA v. RaPower-3 et al
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Respondent: LaGrand Johnson
Represented By: Steven R. Paul
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Respondent: XSun Energy
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
Represented By: Denver C. Snuffer, Jr.
Represented By: Joshua D. Egan
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Respondent: Solco I
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
Represented By: Denver C. Snuffer, Jr.
Represented By: Joshua D. Egan
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Respondent: Randale Johnson
Represented By: Steven R. Paul
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Respondent: Pacific Stock Transfer
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Respondent: Heideman & Associates
Represented By: Justin D. Heideman
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Respondent: Glenda Johnson
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
Represented By: Denver C. Snuffer, Jr.
Represented By: Joshua D. Egan
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Petitioner: Kenneth Birrell
Represented By: Christopher S. Hill
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Petitioner: Ken Oveson
Represented By: Eric G. Benson
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Petitioner: Todd Anderson
Represented By: Byron G. Martin
Represented By: Stuart H. Schultz
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Petitioner: Cody Buck
Represented By: Eric G. Benson
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Petitioner: David Mantyla
Represented By: Eric G. Benson
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Defendant: RaPower-3
Represented By: Jeffrey D. Tuttle
Represented By: Daniel B. Garriott
Represented By: Justin D. Heideman
Represented By: Steven R. Paul
Represented By: Rodney R. Parker
Represented By: Joshua D. Egan
Represented By: James S. Judd
Represented By: Richard A. Van Wagoner
Represented By: Samuel Alba
Represented By: David E. Leta
Represented By: Denver C. Snuffer, Jr.
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Defendant: LTB1
Represented By: Daniel B. Garriott
Represented By: Justin D. Heideman
Represented By: Steven R. Paul
Represented By: Rodney R. Parker
Represented By: Joshua D. Egan
Represented By: James S. Judd
Represented By: Richard A. Van Wagoner
Represented By: Samuel Alba
Represented By: Denver C. Snuffer, Jr.
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Defendant: Neldon Johnson
Represented By: Daniel B. Garriott
Represented By: Justin D. Heideman
Represented By: Steven R. Paul
Represented By: Rodney R. Parker
Represented By: Joshua D. Egan
Represented By: James S. Judd
Represented By: Richard A. Van Wagoner
Represented By: Samuel Alba
Represented By: Edwin S. Wall
Represented By: Denver C. Snuffer, Jr.
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Defendant: Roger Freeborn
Represented By: Daniel B. Garriott
Represented By: Donald S. Reay
Represented By: Steven R. Paul
Represented By: Denver C. Snuffer, Jr.
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Defendant: International Automated Systems
Represented By: Daniel B. Garriott
Represented By: Justin D. Heideman
Represented By: Steven R. Paul
Represented By: Rodney R. Parker
Represented By: Joshua D. Egan
Represented By: James S. Judd
Represented By: Richard A. Van Wagoner
Represented By: Samuel Alba
Represented By: Denver C. Snuffer, Jr.
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Defendant: R. Gregory Shepard
Represented By: Daniel B. Garriott
Represented By: Donald S. Reay
Represented By: Steven R. Paul
Represented By: Denver C. Snuffer, Jr.
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Other: Starlight Holdings
Represented By: Denver C. Snuffer, Jr.
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Other: Solstice Enterprises
Represented By: Denver C. Snuffer, Jr.
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Other: NP Johnson Family Limited Partnership
Represented By: Denver C. Snuffer, Jr.
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Other: Black Night Enterprises
Represented By: Denver C. Snuffer, Jr.
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Plaintiff: USA
Represented By: Erin Healy Gallagher
Represented By: Christopher R. Moran
Represented By: Erin R. Hines
Represented By: John K. Mangum
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Not yet classified: Wayne Klein
Represented By: Michael S. Lehr
Represented By: Jonathan O. Hafen
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Interested party: Nelson Snuffer Dahle Poulsen PC
Represented By: Denver C. Snuffer, Jr.
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