USA v. RaPower-3 et al
| USA |
| RaPower-3, LTB1, Neldon Johnson, Roger Freeborn, International Automated Systems and R. Gregory Shepard |
| Kenneth Birrell, Ken Oveson, Todd Anderson, Cody Buck and David Mantyla |
| LaGrand Johnson, XSun Energy, Solco I, Randale Johnson, Pacific Stock Transfer, Heideman & Associates and Glenda Johnson |
| Starlight Holdings, Solstice Enterprises, NP Johnson Family Limited Partnership and Black Night Enterprises |
| Wayne Klein |
| Nelson Snuffer Dahle Poulsen PC |
| 2:2015cv00828 |
| November 23, 2015 |
| US District Court for the District of Utah |
| Central Office |
| Millard |
| Evelyn J Furse |
| David Nuffer |
| Daphne A Oberg |
| Taxes |
| 26 U.S.C. § 7402 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
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Filing 1246
ORDER granting #1244 Motion for Payment of Seventeenth Interim Fees (for Services Rendered from 10/1-12/31/22). Signed by Magistrate Judge Daphne A. Oberg on 3/7/23 (alt)
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Filing 1245
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1244
MOTION for Payment of Seventeenth Interim Fees and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Receiver Work Detail, #2 Exhibit B - Parr Brown Invoices, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 3/7/2023: updated motion relief (alt)
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Filing 1243
ORDER granting #1232 Motion for Approval to Consummate Settlements: Receiver is authorized to enter into the Settlement Agreements as to Richard Jameson, North Star Tax Services, and Robert Tilden. Signed by Judge David Nuffer on 1/26/23 (alt)
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Filing 1242
STATUS REPORT (Seventeenth Quarterly) by Wayne Klein. (Attachments: #1 Exhibit)(Balls, Jeffery)
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Filing 1241
ORDER granting #1239 17th Motion for Approval to Consummate Settlement: Receiver is authorized to enter into the Settlement Agreement with Christopher J. Taylor and Energizing Concepts. Signed by Judge David Nuffer on 1/4/23 (alt)
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Filing 1240
Motions No Longer Referred: #1239 MOTION for Approval to Consummate Settlement and Memorandum in Support. The district judge will address the motion. (rw)
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Filing 1239
MOTION for Approval to Consummate Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1238
ORDER granting #1233 Motion to Assign Additional Judgment to Plaintiff. Signed by Magistrate Judge Daphne A. Oberg on 12/5/22 (alt)
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Filing 1237
Motions No Longer Referred: #1232 MOTION for Approval to Consummate Settlements and Memorandum in Support. The district judge will address the motion. (rw)
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Filing 1236
REQUEST to Submit for Decision re #1232 MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1235
ORDER granting #1230 Motion for Payment of Sixteenth Interim Fees for Services Rendered from 7/1/22 through 9/30/22. Signed by Magistrate Judge Daphne A. Oberg on 11/28/22 (alt)
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Filing 1234
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1233
MOTION to Assign Additional Judgment and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1232
MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1231
NOTICE of Property Sale Results (HD-4658) by Wayne Klein (Attachments: #1 Exhibit A) (Balls, Jeffery)
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Filing 1230
MOTION for Payment of Sixteenth Interim Fees and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 11/28/2022: updated motion relief (alt)
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Filing 1229
STATUS REPORT (Sixteenth Quarterly) by Wayne Klein. (Balls, Jeffery)
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Filing 1228
ORDER granting #1224 Motion to Approve Public Sale, Method and Form of Notice, and Procedures (parcel no.HD-4658). Signed by Magistrate Judge Daphne A. Oberg on 9/6/22 (alt)
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Filing 1227
ORDER GRANTING FIFTEENTH INTERIM FEE APPLICATION FOR RECEIVER AND RECEIVERS PROFESSIONALS FOR SERVICES RENDERED FROM APRIL 1, 2022 THROUGH JUNE 30, 2022 - granting #1223 Motion for Payment. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 8/29/22. (jrj)
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Filing 1226
STATUS REPORT (Seventh Special) on Settlements and Litigation by Wayne Klein. (Balls, Jeffery)
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Filing 1225
NOTICE of Sale Results (DO-4568-1) by Wayne Klein (Attachments: #1 Exhibit A) (Balls, Jeffery)
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Filing 1224
MOTION to Approve Public Sale (HD-4658) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Sale Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 8/12/2022: corrected entry text (alt)
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Filing 1223
MOTION for Payment of Fifteenth Interim Fees and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Receiver Work Detail, #2 Exhibit B - Parr Brown Invoices, #3 Exhibit C - Manning Curtis Invoices, #4 Exhibit D - Lone Peak Valuation Group Invoices, #5 Text of Proposed Order Exhibit E - [Proposed] Order Approving Receiver's Fifteenth Interim Fee Application) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 8/12/2022: edited motion relief to "Payment" (alt)
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Filing 1222
STATUS REPORT by Wayne Klein. (Attachments: #1 Exhibit)(Balls, Jeffery)
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Filing 1221
ORDER granting #1212 Motion for Approval of Fourteenth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 6/21/22. (alt)
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Filing 1219
ORDER granting #1211 Motion for Order of Sale. Signed by Magistrate Judge Daphne A. Oberg on 06/14/2022. (jl)
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Filing 1218
REQUEST to Submit for Decision re #1212 MOTION for Approval of Fourteenth Fee Application filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1217
REQUEST to Submit for Decision re #1211 MOTION for Order of Sale (DO-4568-1) filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1220
Mail sent to R. Gregory Shepard re docket entry #1214 Returned as Undeliverable/Forward Time Expired. Address data has been updated and mail will be resent to new address. (alt)
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Filing 1216
STATUS REPORT of Settlements and Litigation by Wayne Klein. (Balls, Jeffery)
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Filing 1215
NOTICE of Sale Results (DO-3276-1-1) by Wayne Klein (Attachments: #1 Exhibit A - Evidence of Publication of Notice) (Balls, Jeffery)
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Filing 1214
ORDER granting #1200 Motion to Assign Certain Judgments to Plaintiff. Signed by Magistrate Judge Daphne A. Oberg on 5/31/22 (alt)
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Filing 1213
NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Stuart H. Schultz.Attorney Stuart H. Schultz will no longer receive notice from the court in this case including final judgment. (Schultz, Stuart)
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Filing 1212
MOTION for Approval of Fourteenth Fee Application filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A (A1-A3) Summaries of Fees, #2 Exhibit B (B-1-B-4) Invoices and Expenses, #3 Exhibit C - Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 5/19/2022: corrected entry text (alt)
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Filing 1211
MOTION for Order of Sale (DO-4568-1) filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 5/19/2022: corrected motion relief and entry text (alt)
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Filing 1210
MANDATE of USCA as to #1133 Notice of Appeal. According to the USCA, the decision of the USDC for the Dist of UT is Affirmed. (Attachments: #1 Mandate Cover Letter) (alt)
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Filing 1209
NOTICE OF WITHDRAWAL OF COUNSEL of Eric Benson filed by Eric G. Benson on behalf of Cody Buck, David Mantyla, Ken Oveson (Benson, Eric)
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Filing 1208
NOTICE OF WITHDRAWAL OF COUNSEL of Eric Benson filed by Eric G. Benson on behalf of RaPower-3 (Benson, Eric)
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Filing 1207
ORDER of USCA 10th Circuit as to #1133 Notice of Appeal: rehearing denied (alt)
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Filing 1206
ORDER granting #1197 Motion for Approval of Thirteenth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 4/18/22 (alt)
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Filing 1205
ORDER granting #1203 Fifteenth Motion for Approval to Consummate Settlement. Signed by Judge David Nuffer on 4/14/22 (alt)
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Filing 1204
ORDER accepting #1202 14th Quarterly Status Report. Signed by Judge David Nuffer on 4/12/22 (alt)
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Filing 1203
MOTION for Settlement filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order Granting Receiver's Fifteenth Motion for Approval to Consummate Settlement)(Castleberry, David)
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Filing 1202
STATUS REPORT Fourteenth Quarterly by Wayne Klein. (Balls, Jeffery) Modified on 4/13/2022: removed repetitive entry text (alt)
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Filing 1201
ORDER granting #1192 Motion for Order of Sale re parcel number DO-3276-1-1, Millard County, UT. Signed by Magistrate Judge Daphne A. Oberg on 4/6/22 (alt)
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Filing 1200
MOTION to Assign Certain Judgments to Plaintiff, United States and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1199
REQUEST to Submit for Decision re #1194 Exhibits, #1192 MOTION for Order of Sale (DO-3276-1-1) filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1198
ORDER granting #1196 Fourteenth Motion for Approval to Consummate Settlements: Receiver is authorized to enter into the Settlement Agreements for the benefit of the Receivership Estate. Signed by Judge David Nuffer on 3/24/22 (alt)
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Filing 1197
MOTION for Approval of Thirteenth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Summary, #2 Exhibit B - Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1196
MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1195
ORDER REFERRING MOTION #1192 MOTION for Order of Sale and Memorandum in Support (DO-3276-1-1) filed by Wayne Klein Motions referred to Daphne A. Oberg. Signed by Judge David Nuffer on March 12, 2022. (DN)
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Filing 1194
CORRECTED EXHIBIT B filed by Wayne Klein re #1192 MOTION for Order of Sale and Memorandum in Support. The originally filed Exhibit B was unreadable. (DO-3276-1-1). (DN)
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Filing 1193
ORDER accepting #1190 Status Report/Fifth Special Report on Status of Litigation. Signed by Judge David Nuffer on 3/9/22 (alt)
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Filing 1192
MOTION for Order of Sale and Memorandum in Support (DO-3276-1-1) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures)(Balls, Jeffery)
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Filing 1191
NOTICE of Sale Results (DO-3151) by Wayne Klein re #1178 Order on Motion for Order of Sale, (Attachments: #1 Exhibit A - Affidavit of Publication) (Balls, Jeffery)
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Filing 1190
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1189
ORDER granting #1181 Motion for Attorney Fees. Signed by Magistrate Judge Daphne A. Oberg on 02/07/2022. (jl)
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Filing 1188
MEMORANDUM DECISION AND ORDER denying #1143 Motion to Intervene. Signed by Magistrate Judge Daphne A. Oberg on 2/2/22 (alt)
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Filing 1187
ORDER granting #1186 Thirteenth Motion for Approval to Consummate Settlement. Signed by Judge David Nuffer on 1/28/22 (alt)
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Filing 1186
MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1185
ORDER accepting 13th Quarterly #1184 Status Report. Signed by Judge David Nuffer on 1/27/22 (alt)
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Filing 1184
STATUS REPORT (Thirteenth Quarterly) by Wayne Klein. (Attachments: #1 Exhibit 1)(Balls, Jeffery)
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Filing 1183
MANDATE of USCA as to Neldon Johnson's #1081 Notice of Appeal. According to the USCA, the #1065 Decision of the USDC for the Dist of UT is Affirmed. (Attachments: #1 Mandate Cover Letter) (alt)
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Filing 1182
NOTICE of Sale Results (HD-4497-1) by Wayne Klein (Attachments: #1 Exhibit A) (Balls, Jeffery)
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Filing 1181
MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1180
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1179
Supplemental BRIEF re #1143 MOTION to Intervene filed by Movant Preston Olsen. (Jones, Paul)
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Filing 1178
ORDER granting #1170 Motion for Order of Sale, Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice, and Public Auction Procedures re parcel number DO-3151 in Millard County, UT. Signed by Magistrate Judge Daphne A. Oberg on 11/15/21 (alt)
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Filing 1177
Supplemental BRIEF re #1143 MOTION to Intervene filed by Plaintiff USA. (Applegate, Daniel) Modified on 11/16/2021: corrected entry text (alt)
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Modification of Docket re #1177 Supplemental BRIEF re #1143 MOTION to Intervene. Error: Entry text was not correct. Correction: Entry text has been simplified and linked only to motion being considered. (alt)
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Filing 1176
Minute Entryfor proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 11/15/2021 re #1143 MOTION to Intervene and Memorandum in Support filed by Preston Olsen.All parties appeared by ZOOM. The court hears from counsel. The court TAKES UNDER ADVISEMENT #1143 MOTION to Intervene and Memorandum in Support. If any party wishes to file a supplemental brief discussing whether prospective intervenors must, and if so can, establish independent jurisdiction for permissive intervention, they may do so by close of business 11/17/2021. The supplemental briefs are limited to 500 words. Attorney for Plaintiff: Dan Applegate, Attorney for Defendant: Paul Jones(Intervenors), Jeff Balls(Receiver).Court Reporter: electronic ZOOM 7.400.(ksm)
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Filing 1175
MOTIONS REFERRED - #1170 MOTION for Order of Sale and Memorandum in Support (DO-3151) Motions referred to Daphne A. Oberg.(anf)
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Filing 1174
ORDER ZOOM Setting Hearing on Motion #1143 MOTION to Intervene and Memorandum in Support : Motion Hearing set for 11/15/2021 at 02:00 PM in Judges Chambers before Magistrate Judge Daphne A. Oberg.Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. If the defendant wishes to proceed with an in-person hearing instead, s/he must send a request at least 24 hours in advance of the hearing to lynsie_severnak@utd.uscourts.gov. Signed by Magistrate Judge Daphne A. Oberg on 11/2/2021. (las)
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Filing 1173
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1172
ORDER granting #1163 Motion for Order Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice and Public Auction Procedures. Signed by Magistrate Judge Daphne A. Oberg on 11/1/2021. (jl)
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Filing 1171
REQUEST to Submit for Decision re #1153 Response to Motion, #1152 Memorandum in Opposition to Motion,, #1165 Reply Memorandum/Reply to Response to Motion, #1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Jones, Paul)
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Filing 1170
MOTION for Order of Sale and Memorandum in Support (DO-3151) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures)(Balls, Jeffery)
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Filing 1169
ORDER granting #1160 Motion for Approval of Eleventh Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 10/25/21 (alt)
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Filing 1168
ORDER granting #1167 12th Motion for Approval to Consummate Settlement related to ancillary action 2:19-cv-00623 DN-PK. Signed by Judge David Nuffer on 10/13/21 (alt)
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Filing 1167
MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1166
DOCKET TEXT ORDER granting #1164 Consent Motion to Extend Time to File Replies to Responses to the Motion to Intervene. The court accepts Intervenors' Reply dated October 11, 2021. Signed by Magistrate Judge Daphne A. Oberg on 10/12/2021. No attached document. (eh)
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Filing 1165
REPLY to Response to Motion re #1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Jones, Paul)
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Filing 1164
Consent MOTION for Extension of Time File Reply to Responses to Motion to Intervene and Memorandum in Support filed by Movant Preston Olsen. Motions referred to Daphne A. Oberg.(Jones, Paul)
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Filing 1163
MOTION for Order Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice and Public Auction Procedures filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Motions referred to Daphne A. Oberg.(Love, Cynthia)
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Filing 1162
NOTICE of Sale Results by Wayne Klein (Attachments: #1 Exhibit A) (Love, Cynthia)
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Filing 1161
NOTICE of Appearance by Cynthia D. Love on behalf of Wayne Klein (Love, Cynthia)
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Filing 1160
MOTION for Approval of Eleventh Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Summary, #2 Exhibit B - Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1159
NOTICE OF DEFICIENCY re #1157 Plaintiff's MOTION for Partial Summary Judgment, #1158 Plaintiff's MOTION to Exclude Improper Testimony of Proposed Expert Derk G. Rasmussen. The documents were filed in the wrong case. The clerk will mark the entries as erroneous and has terminated the motions so they are no longer pending in this case. (alt)
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Filing 1158
ERROR: FILED IN WRONG CASE - Plaintiff's MOTION to Exclude Improper Testimony of Proposed Expert Derk G. Rasmussen and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit 1 - Expert Report Disclosure) Motions referred to Daphne A. Oberg.(Longson, Mitchell) Modified on 9/29/2021: error text added (alt)
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Filing 1157
ERROR: FILED IN WRONG CASE - Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Appendix of Evidence in Support of Motion for Partial Summary Judgment (Part 1 of 2), #2 Appendix of Evidence in Support of Motion for Partial Summary Judgment (Part 2 of 2)) Attorney Mitchell M. Longson added to party Wayne Klein(pty:rc)(Longson, Mitchell) Modified on 9/29/2021: error text added (alt)
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Filing 1156
SUBSTITUTION OF COUNSEL Daniel A. Applegate replacing Erin Healy Gallagher and Erin R. Hines as counsel on behalf of USA. (Applegate, Daniel)
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Filing 1155
DOCKET TEXT ORDER granting #1154 Motion to Extend Time to File Replies to Responses to the Motion to Intervene. The deadline for the Prospective Intervenors to file their replies is extended to October 8, 2021. Signed by Magistrate Judge Daphne A. Oberg on 9/23/2021. No attached document. (eh)
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Filing 1154
Consent MOTION for Extension of Time Reply to Responses to Motion to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Jones, Paul)
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Filing 1153
RESPONSE to Motion re #1143 MOTION to Intervene and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1152
MEMORANDUM in Opposition re #1143 MOTION to Intervene and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 674, "Tax Time Success Stories", #2 Exhibit Pl. Ex. 752, Summary Chart Tax Benefits Claimed for Tax Years 2013 through 2016, #3 Exhibit Pl. Ex. 979, Olsen v. Commr Order and Decision, #4 Exhibit Pl. Ex. 980, excerpt of Trial Transcript, #5 Exhibit Pl. Ex. 981, Olsen v. Commr Notice of Appeal, #6 Exhibit Pl. Ex. 982, Olsen v. Commr Petition, #7 Exhibit Pl. Ex. 983, Olsen v. Commr Answer, #8 Exhibit Pl. Ex. 984, excerpt of Olsen Dep. Aug. 2016)(Gallagher, Erin)
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Filing 1151
DOCKET TEXT ORDER FOR SUPPLEMENTAL BRIEFING: The court instructs Receiver Wayne Klein to file a response which takes a position on Prospective Intervenors' #1143 Motion to Intervene. Mr. Klein's deadline to file the response is September 17, 2021. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 8/26/2021. (eh)
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Filing 1150
STATUS REPORT of Litigation by Wayne Klein. (Balls, Jeffery)
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Filing 1149
DOCKET TEXT ORDER granting #1148 United States' Consent Motion to Extend Time. The deadline for the United States to respond to the Motion to Intervene is extended to September 17, 2021. Signed by Magistrate Judge Daphne A. Oberg on 8/18/2021. No attached document. (eh)
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Filing 1148
Consent MOTION for Extension of Time to File Response/Reply as to #1143 MOTION to Intervene and Memorandum in Support and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Gallagher, Erin)
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Filing 1147
ORDER granting #1140 Receiver's Motion Requesting Order Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures. Signed by Magistrate Judge Daphne A. Oberg on 8/13/21. (dla)
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Filing 1146
ERRATA to #1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen . (Jones, Paul)
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Filing 1145
ORDER granting #1144 Eleventh Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 8/12/21 (alt)
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Filing 1144
MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1143
MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Attachments: #1 Exhibit A - List of Intervenors, #2 Exhibit B - Declaration of Counsel, #3 Exhibit C - Excerpts of Trial Transcript, #4 Exhibit D - Tax Court Decision) Motions referred to Daphne A. Oberg.(Jones, Paul)
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Filing 1142
ORDER accepting #1141 Eleventh Quarterly Status Report filed by Wayne Klein. Signed by Judge David Nuffer on 8/2/21 (alt)
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Filing 1141
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1140
MOTION Order Approving Public Sale (21-11-278-006-0000) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisals, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1139
ORDER granting #1126 Motion for Approval of Tenth Interim Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 7/14/21 (alt)
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Filing 1138
Supplemental BRIEF re #1126 MOTION for Approval of Tenth Interim Fee Application filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1137
WITHDRAWAL OF MOTION by Receiver Wayne Klein re #1131 Tenth MOTION for Settlement and Memorandum in Support filed by Wayne Klein . (Balls, Jeffery)
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Filing 1136
ORDER granting #1130 Motion for Approval to Consummate Settlement Agreements related to 6 ancillary actions. Signed by Judge David Nuffer on 7/6/21 (alt)
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Filing 1135
USCA Case Number Case Appealed to Tenth Circuit Case Number 21-4080 for #1133 Notice of Appeal filed by Glenda Johnson. (jrj)
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Filing 1134
Transmission of Preliminary Record to USCA re #1133 Notice of Appeal (Attachments: #1 Appendix) (alt)
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Filing 1133
NOTICE OF APPEAL as to #1128 Order on Motion for Attorney Fees, filed by Glenda Johnson: Appeals to the USCA for the 10th Circuit. Fee Status: Paid. Filing fee $ 505, receipt number 4681095012 (alt)
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Filing 1132
NOTICE of Withdrawal of Duplicate Motion by Wayne Klein re #1131 Tenth MOTION for Settlement and Memorandum in Support (Balls, Jeffery)
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Filing 1131
Tenth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1130
Tenth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 1129
ORDER: within 14 days, Receiver is to inform the court whether any of the fees and expenses sought in the #1126 MOTION for Approval of Tenth Interim Fee Application were already awarded in the #1128 Order. Signed by Magistrate Judge Daphne A. Oberg on 6/29/21 (alt)
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Filing 1128
ORDER granting #1124 Motion for Attorney Fees/Costs per #1116 Order. Glenda Johnson, Roger Hamblin, and Preston Olsen are jointly and severally liable to the Receiver for the total amount of $69,518.54, minus the $16,000.00 that has already been paid to the Receiver by Roger Hamblin and Preston Olsen. The remaining amount of $53,518.54 must be paid in funds separate from property belonging to the Receiver or receivership estate by no later than 7/12/21. Signed by Judge David Nuffer on 6/21/21 (alt)
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Filing 1127
DOCKET TEXT ORDER taking under advisement #1124 Motion for Attorney Fees. The deadline for Defendants to file an opposition to the #1124 Motion has passed and no opposition has been received. Under DUCivR 7-1(d): "Failure to respond timely to a motion may result in the court's granting the motion without further notice." The court will rule on the state of the record as of 4:00 p.m. Friday, June 18, 2021. Signed by Judge David Nuffer on 6/14/2021. No attached document. (anf)
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Filing 1126
MOTION for Approval of Tenth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1125
Motions No Longer Referred: #1124 MOTION for Attorney Fees and Memorandum in Support re Dkt. 1116 (Contempt Order) (anf)
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Filing 1124
MOTION for Attorney Fees and Memorandum in Support re Dkt. 1116 (Contempt Order) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Klein Declaration, #2 Exhibit B - Lehr Declaration, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1123
ORDER accepting #1122 Second Special Report on Status of Litigation. Signed by Judge David Nuffer on 5/24/21 (alt)
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Filing 1122
SECOND SPECIAL REPORT on Status of Litigation by Wayne Klein. (Balls, Jeffery) Modified on 5/24/2021: edited entry text (alt)
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Filing 1121
STATUS REPORT Receiver's Tenth Quarterly Status Report by Wayne Klein. (Attachments: #1 Exhibit Property List)(Lehr, Michael)
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Filing 1120
NOTICE of Sale Results (HD-4648) by Wayne Klein re #1064 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit A - Publication Notice) (Balls, Jeffery)
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Filing 1119
ORDER granting #1112 Motion for Approval of Public Sale of Property (DO-4568-1). Signed by Magistrate Judge Daphne A. Oberg on 4/26/21 (alt)
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Filing 1118
REQUEST to Submit for Decision re #1112 MOTION for Order Approving Public Sale (DO-4568-1) and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1117
ORDER granting #1109 Motion for Approval of Public Sale and Grant of Purchase Option (Parcel Nos. HD-3511, HD-3511-1, MA-2662-B). Signed by Magistrate Judge Daphne A. Oberg on 4/20/21 (alt)
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Filing 1116
ORDER OF CONTEMPT, granting #1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt: Glenda Johnson, Roger Hamblin, and Preston Olsen acted in civil contempt of valid orders issued by this court and are jointly and severally liable to the Receiver for all costs and fees of the Receiver and his counsel relating to their contemptuous conduct. Glenda Johnson shall have 60 days from the date of this order to submit any admissible documents and arguments in Case No. 2:19-cv-625 demonstrating the source of funds for the purchases of four properties or an order will be entered requiring Glenda Johnson to turn over the properties to the Receiver as Receivership Property. Signed by Judge David Nuffer on 4/14/21 (alt)
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Filing 1115
NOTICE of Sale Results (HD-4606-2) by Wayne Klein (Attachments: #1 Exhibit A) (Balls, Jeffery)
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Filing 1114
NOTICE of Sale Results (HD-4606-2-1) by Wayne Klein (Attachments: #1 Exhibit A) (Balls, Jeffery)
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Filing 1113
NOTICE of Sale Results (Newhall, California Condominium) by Wayne Klein (Balls, Jeffery)
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Filing 1112
MOTION for Order Approving Public Sale (DO-4568-1) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal Excerpts, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1111
ORDER granting #1107 Ninth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 3/26/21 (alt)
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Filing 1110
NOTICE OF FILING re 1106 Order, 1088 Order,,,, Proposed Order Finding Civil Contempt by Glenda Johnson, Roger Hamblin, and Preston Olsen filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 1109
MOTION for Approval of Public Sale and Grant of Purchase Option (HD-3511, HD-3511-1, MA-2662-B) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order A, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures, #4 Exhibit D - LOI) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1108
ORDER granting #1098 Motion for Approval of Ninth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 3/23/21 (alt)
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Filing 1107
Ninth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1106
DOCKET TEXT ORDER Receiver is ordered to comply with 1088 Docket Text Order to file a draft order finding Glenda Johnson, Roger Hamblin, and Preston Olsen in civil contempt by Friday, April 2, 2021. Signed by Judge David Nuffer on 3/22/2021. No attached document. (anf)
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Filing 1105
REQUEST to Submit for Decision re #1098 MOTION for Approval of Ninth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1104
CORRECTED ORDER for Approval of Public Sale of Property (HD-4606-2-1) (corrects #1076 Order granting #1054 Motion). Signed by Magistrate Judge Daphne A. Oberg on 3/16/21 (alt)
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Filing 1103
CORRECTED ORDER for Approval of Public Sale of Property (HD-4606-2) (corrects #1028 Order granting #1024 Motion). Signed by Magistrate Judge Daphne A. Oberg on 3/16/21 (alt)
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Filing 1102
ORDER granting #1092 Motion to Amend/Correct Sales Orders ( #1076 Order, #1028 Order). Signed by Magistrate Judge Daphne A. Oberg on 3/15/21 (alt)
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Filing 1101
NOTICE of Sale Results (4805, 4806-A, 4806-B) by Wayne Klein re #1052 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit Publication Affidavit) (Lehr, Michael)
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Filing 1100
REQUEST to Submit for Decision re #1092 MOTION to Amend/Correct #1076 Order on Motion for Miscellaneous Relief, #1028 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1099
ORDER accepting #1096 Special Report on Status of Litigation and ordering that Receiver shall submit similar reports quarterly. Signed by Judge David Nuffer on 3/3/21 (alt)
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Filing 1098
MOTION for Approval of Ninth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Summary, #2 Exhibit B - Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1097
STATUS REPORT by Wayne Klein. (Balls, Jeffery)
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Filing 1096
STATUS REPORT on Litigation by Wayne Klein. (Balls, Jeffery)
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Filing 1095
NOTICE of Sale Results (Payson, UT Home) by Wayne Klein re #1085 Order on Motion for Miscellaneous Relief (Lehr, Michael)
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Filing 1094
ORDER granting #1071 Motion to Sell Newhall, California Condominium Free and Clear of Purported Interests. Signed by Magistrate Judge Daphne A. Oberg on 2/24/21. (jwt)
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Full Filing fee: $ 505.00 received, receipt number 4681093496. Payment receipted for Notice of Appeal #1081 . (mh)
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Filing 1093
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 2/23/2021 re #1071 MOTION to Sell Newhall Condominium filed by Wayne Klein. All parties are appearing via zoom. After hearing from counsel the court grants the motion. The court will issue a written order. Attorney for Defendant Steven Paul, Ed Wall, Receiver Jeff Balls. Court Reporter: Electronic-via Zoom.(Time Start: 10:01, Time End: 10:15, Room Chambers.)(las)
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Filing 1092
MOTION to Amend/Correct #1076 Order on Motion for Miscellaneous Relief, #1028 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Exhibit C - Title Report 4606-2, #4 Exhibit D - Title Report 4606-2-1) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1091
NOTICE of of Sale Results (Payson, UT Condominium) by Wayne Klein re #1086 Order on Motion for Miscellaneous Relief (Lehr, Michael)
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Filing 1090
NOTICE of of Publication (Newhall California Condominium) by Wayne Klein re #1077 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit A - Publication Affidavit) (Lehr, Michael)
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Filing 1089
ORDER granting #1087 Eighth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 2/16/21 (alt)
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Filing 1088
DOCKET TEXT ORDER The Motion #1056 , Receivers Report #1055 , and accompanying papers clearly show the civil contempt of Glenda Johnson, Roger Hamblin, and Preston Olsen. The Receiver shall prepare and submit a draft order with the factual premises and legal conclusions finding contempt and ordering that (1) Glenda Johnson, Roger Hamblin, and Preston Olsen be jointly and severally liable for all costs and fees of the Receiver and his counsel related to their misconduct, including, but not limited to, i) this Motion and the accompanying Report and Recommendation, ii) the Receivers prior motion to invalidate the liens, iii) the depositions of Hamblin and Olsen and related investigation, and iv) other filings related to the misconduct; and (2) in the Receivers separate lawsuit against Glenda Johnson seeking turnover of four properties still titled in the name of Glenda Johnson (Case No. 2:19-cv-625), Glenda Johnson bear the burden of demonstrating that funds used for her acquisition of each of those properties came from sources other than Receivership Entities and Affiliated Entities. Signed by Judge David Nuffer on 02/16/2021. No attached document.(anf)
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Filing 1087
Eighth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 1086
ORDER granting #1053 Motion for Authorization to Sell Payson, UT, Condominium free and clear of all purported interests. Signed by Magistrate Judge Daphne A. Oberg on 2/11/21 (alt)
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Filing 1085
ORDER granting #1041 Motion for Authorization to Sell Payson, UT Home free and clear of all purported interests. Signed by Magistrate Judge Daphne A. Oberg on 2/11/21 (alt)
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Filing 1084
NOTICE of of Sale Results (Sherwood Drive) by Wayne Klein re #1048 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit Publication Affidavit) (Lehr, Michael)
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Filing 1083
USCA Case Number Case Appealed to USCA 10th Circuit Case Number 21-4015 for #1081 Notice of Appeal filed by Neldon Johnson. (reb)
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Filing 1082
Transmission of Preliminary Record to USCA re #1081 Notice of Appeal (Attachments: #1 Appendix) (alt)
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Filing 1081
NOTICE OF APPEAL as to #1065 Memorandum Decision/Order on Motion to Set Aside Judgment, filed by Neldon Johnson. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 505. (alt)
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Filing 1080
NOTICE of Publication by Wayne Klein re #1051 Order on Motion for Miscellaneous Relief, #1058 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit A - Notice of Publication (Payson, Utah Home), #2 Exhibit B - Notice of Publication (Payson, Utah Condominium)) (Balls, Jeffery)
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Filing 1079
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 2/9/2021 re #1041 MOTION for Authorization to Sell Payson, Utah Home filed by Wayne Klein, #1053 MOTION to Sell Payson, Utah Condominium filed by Wayne Klein. The court hears from counsel regarding the sale of these properties. Once the court has received the proof of publications it will issue an order granting the motions to sell. Attorney for Plaintiff: Erin Gallagher, Attorney for Defendant: Ed Wall, Attorney for Receiver: Jeff Balls. Court Reporter: Electronic-via Zoom.(Time Start: 9:00, Time End: 9:18, Room Chambers.)(las)
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Filing 1078
ORDER Setting Zoom Hearing on Motion #1071 MOTION to Sell Newhall Condominium : Motion Hearing set for 2/23/2021 at 10:00 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email utdecf_oberg@utd.uscourts.gov to obtain conference information. Signed by Magistrate Judge Daphne A. Oberg on 2/5/2021. (las)
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Filing 1077
ORDER granting #1063 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Newhall, CA Condo). Signed by Magistrate Judge Daphne A. Oberg on 2/4/21 (alt)
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Filing 1076
ORDER granting #1054 Motion for Approval of Public Sale of Property (HD-4606-2-1), Method, Form, and Procedures. Signed by Magistrate Judge Daphne A. Oberg on 2/4/21 (alt)
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Filing 1075
REPLY to Response to Motion re #1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1074
REQUEST to Submit for Decision re #1054 MOTION Approving Public Sale of Property (HD-4606-2-1) and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1073
RESPONSE to Motion re #1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Respondent Glenda Johnson. (Attachments: #1 Affidavit Declaration of Glenda E. Johnson in Support of Response to OSC Motion)(Paul, Steven)
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Filing 1072
STIPULATION re #1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt ; Hamblin and Olsen Stipulation for Finding of Contempt and Amount Towards Costs by Wayne Klein. (Attachments: #1 Exhibit Hamblin Stipulation, #2 Exhibit Olsen Stipulation)(Lehr, Michael)
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Filing 1071
MOTION to Sell Newhall Condominium and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order Granting Receiver's Motion, #2 Exhibit B - Barrett Appraisal, #3 Exhibit C - Cubas Appraisal, #4 Exhibit D - Biddle Appraisal, #5 Exhibit E - Purchase Agreement) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 2/4/2021: corrected docket entry text (alt)
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Filing 1070
STATUS REPORT Receiver's Ninth Quarterly Status Report by Wayne Klein. (Attachments: #1 Exhibit Property List)(Lehr, Michael)
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Filing 1069
ORDER Setting Zoom Hearing on Motion #1053 MOTION to Sell Payson, Utah Condominium and Memorandum in Support , #1041 MOTION for Authorization to Sell Payson, Utah Home and Memorandum in Support : Motion Hearing set for 2/9/2021 at 09:00 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email utdecf_oberg@utd.uscourts.gov to obtain conference information. Counsel must note the hearing is before Judge Oberg and list the above email address in the newspaper publication. See Doc. Nos. #1051 , #1058 . Signed by Magistrate Judge Daphne A. Oberg on 1/25/2021. (las)
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Filing 1068
DOCKET TEXT ORDER Vacating #1061 Order on Receiver's Motion Seeking Authorization to Sell Payson, Utah Home Free and Clear of Purported Interests #1041 . A new order will be entered following a hearing on the motion. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 1/25/2021. (las)
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Filing 1067
DOCKET TEXT ORDER Receiver filed #1037 Receivers Seventh Motion for Approval to Consummate Settlements (the "Motion") on 12/15/2020. The Motion states that Receiver will dismiss the Klein v. Kulacz (case no. 2:19-cv-00679-DN-PK) lawsuit when the Motion is approved. The #1059 Order granted the Motion on 1/4/2021. Receiver is instructed to submit dismissal documents for Klein v. Kulacz by 2/5/2021. Signed by Judge David Nuffer on 1/22/2021. No attached document. (anf)
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Filing 1066
DECLARATION of Randale Johnson re #1057 Order filed by Randale Johnson. (Attachments: #1 Exhibit Email Confirmation of Bank Statements, #2 Exhibit Health Equity Balance, #3 Exhibit AFCU Balance)(Paul, Steven)
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Filing 1065
MEMORANDUM DECISION AND ORDER denying #986 Motion to Set Aside Judgment. Signed by Judge David Nuffer on 1/15/21 (alt)
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Filing 1064
ORDER granting #1047 Motion to Approve Public Sale of Property (HD-4648). Signed by Magistrate Judge Daphne A. Oberg on 1/13/21 (alt)
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Filing 1063
Ex Parte (Not Sealed) MOTION to Approve Method of Publication Notice (Newhall) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1062
Motions No Longer Referred: #1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt (eh)
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Filing 1061
ORDER granting #1041 Motion Seeking Authorization to Sell Payson, UT, Home Free and Clear of Purported Interests. Signed by Magistrate Judge Daphne A. Oberg on 1/4/21 (alt)
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Filing 1060
ORDER taking under advisement #1056 Motion for Order to Show Cause. Responses to the motion due by no later than 1/29/21; any reply memo due by no later than 2/5/21. Signed by Judge David Nuffer on 12/31/20 (alt)
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Filing 1059
ORDER granting #1037 Seventh Motion to Consummate Settlements that will bring $60,800.00 into the Receivership Estate. Signed by Judge David Nuffer on 12/31/20 (alt)
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Filing 1058
ORDER granting #1038 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Payson, UT condominium). Signed by Magistrate Judge Daphne A. Oberg on 12/30/20 (alt)
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Filing 1057
ORDER re Deficiencies in Randale Johnson's Production of Financial Records. Signed by Judge David Nuffer on 12/29/20 (alt)
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Filing 1056
MOTION for Order to Show Cause and Memorandum in Support Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Hamblin Acknowledgement of Service, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1055
STATUS REPORT and Recommendation on Property Liens Glenda Johnson Granted to Anstram Energy by Wayne Klein. (Attachments: #1 Exhibit A - Hamblin Deposition, #2 Exhibit B - Olsen Deposition, #3 Exhibit C - Glenda Answer Wings West Suit, #4 Exhibit D - Glenda Opposition to SJ Wings West Suit, #5 Exhibit E - Complaint Hamblin Suit, #6 Exhibit F - Answer Hamblin Suit, #7 Exhibit G - Hamblin Returns of Service, #8 Exhibit H - Property Statements)(Lehr, Michael)
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Filing 1054
MOTION for Approval of Public Sale of Property (HD-4606-2-1) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal Excerpt, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 2/4/2021: corrected entry text (alt)
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Filing 1053
MOTION to Sell Payson, Utah Condominium and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Larsen Appraisal, #3 Exhibit C - Meyer Appraisal, #4 Exhibit D - Nyman Appraisal, #5 Exhibit E - Purchase Agreement) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1052
ORDER granting #1035 Motion to Approve Public Sale of Property (4805, 4806-A, 4806-B). Signed by Magistrate Judge Daphne A. Oberg on 12/29/20 (alt)
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Filing 1051
ORDER granting #1034 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Payson, UT home). Signed by Magistrate Judge Daphne A. Oberg on 12/29/20 (alt)
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Modification of Docket re #1048 Order on Motion for Miscellaneous Relief. Error: Order was e-filed as to the wrong motion, #1047 . Correction: Entry text was corrected to link to the correct motion being ruled on, #1031 . (alt)
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Filing 1050
NOTICE of Pro Se Appearance by R. Gregory Shepard (alt)
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Filing 1049
REPLY BRIEF re #1006 Order on Motion to Produce, #1040 Order filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 1048
ORDER granting #1031 Approving Public Sale of Property (DO-SS-136&137). Signed by Magistrate Judge Daphne A. Oberg on 12/23/2020. (las) Modified on 12/23/2020 Correcting text to show the correct motion it is granting. (las).
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Filing 1047
MOTION to Approve Public Sale of Property (HD-4648) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal Excerpt, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 1/13/2021: motion relief text corrected (alt)
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Filing 1046
REQUEST to Submit for Decision re #1031 MOTION Approving Public Sale of Property (DO-SS-136&137) and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 1045
ORDER granting #1025 Motion for Approval of Eighth Fee Application for Services Rendered from 7/1/20 through 9/30/20. Signed by Magistrate Judge Daphne A. Oberg on 12/21/20 (alt)
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Filing 1044
MEMORANDUM in Opposition re #986 MOTION to Set Aside Judgment filed by Plaintiff USA. (Attachments: #1 Exhibit July 17, 2020, Order denying petition for rehearing (10th Cir.))(Gallagher, Erin)
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Filing 1043
REQUEST to Submit for Decision re #1025 MOTION for Approval of Eighth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1042
ORDER granting renewed #1032 Motion to Withdraw as Counsel for defendants. Attorneys Denver C. Snuffer, Jr., Steven R. Paul, Daniel B. Garriott, Joshua D. Egan, and the law firm of Nelson, Snuffer, Dahle, and Poulsen PC are withdrawn from case for Rapower-3, International Automated Systems, LTB1, R. Gregory Shepard, and Neldon Johnson. Signed by Judge David Nuffer on 12/15/20 (alt)
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Filing 1041
MOTION for Authorization to Sell Payson, Utah Home and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Larsen Appraisal, #3 Exhibit C - Meyer Appraisal, #4 Exhibit D - Nyman Appraisal, #5 Exhibit E - Purchase Agreement) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1040
ORDER for Reply re #1018 Declaration: by no later than 12/30/20, Receiver shall file a reply and a draft order specifying the relief presently sought. Signed by Judge David Nuffer on 12/15/20 (alt)
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Filing 1038
Ex Parte (Not Sealed) MOTION for Sale of Payson, Utah Condominium and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1037
Seventh MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1036
RESPONSE to Motion re #1032 MOTION to Withdraw as Counsel and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1035
MOTION Approving Public Sale of Property (4805, 4806-A, 4806-B) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal Excerpt, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1034
Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication (Payson, Utah Home) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1033
Motions No Longer Referred: #1032 Nelson, Snuffer, Dahle & Poulsen, P.C.'s Renewed Motion to Withdraw as Counsel for all Defendants. (eh)
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Filing 1032
MOTION to Withdraw as Counsel and Memorandum in Support filed by Defendants International Automated Systems, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: #1 Exhibit Information required by Rule, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Paul, Steven)
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Filing 1031
MOTION Approving Public Sale of Property (DO-SS-136&137) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal Excerpt, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 1030
MEMORANDUM DECISION AND ORDER denying #964 Motion for Rule 11 Sanctions. Signed by Judge David Nuffer on 12/7/20 (alt)
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Filing 1029
ORDER granting #780 Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies. Signed by Judge David Nuffer on 12/7/20 (alt)
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Filing 1028
ORDER granting #1024 Motion for Approval of Public Sale of Property (HD-4606-2). Signed by Magistrate Judge Daphne A. Oberg on 12/1/20 (alt)
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Filing 1027
ORDER granting #1023 Motion for Approval of Public Sale of Property (HD-3511-1). Signed by Magistrate Judge Daphne A. Oberg on 12/1/20 (alt)
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Filing 1026
REQUEST to Submit for Decision re #1023 MOTION for Approval of Public Sale of Property (HD-3511-1) and Memorandum in Support , #1024 MOTION for Approval of Public Sale of Property (HD-4606-2) and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 1025
MOTION for Approval of Eighth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Summary, #2 Exhibit B - Time Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1024
MOTION for Approval of Public Sale of Property (HD-4606-2) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Appraisal, #3 Exhibit C - Auction Procedures) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1023
MOTION for Approval of Public Sale of Property (HD-3511-1) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Auction Procedures, #3 Exhibit C - Appraisal) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1039
Mail sent to Neldon Johnson re docket entry #1017 Returned as Undeliverable/Unable to Forward. Internet seerch shows the industrial property at that address listed for sale. Called related phone number and spoke with Mr. Nelson (12/15/20), getting new PO Box address. Data will be updated and mail resent. (alt)
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Filing 1022
NOTICE of Sale Results Elk Ridge, Utah Home by Wayne Klein (Lehr, Michael)
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Filing 1021
STATUS REPORT (Eighth Quarterly) by Wayne Klein. (Attachments: #1 Exhibit 1 - Property List)(Lehr, Michael)
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Filing 1020
RESPONSE re #1018 Declaration, filed by Randale Johnson. (Paul, Steven)
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Filing 1019
REQUEST to Submit for Decision re #964 MOTION for Sanctions re #931 Motion to set aside judgment, filed by Plaintiff USA. (Gallagher, Erin)
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Filing 1018
DECLARATION of Receiver Wayne Klein re #1006 Order on Motion to Produce, LaGrand and Randale Johnson's Production of Records filed by Wayne Klein. (Lehr, Michael)
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Filing 1017
ORDER granting #1015 Motion to Authorize Sale of Elk Ridge, UT, Home Free and Clear of Purported Interests. Signed by Judge David Nuffer on 10/2/20 (alt)
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Filing 1016
ORDER granting #1011 Motion for Approval of Seventh Fee Application. Signed by Judge David Nuffer on 9/23/20 (alt)
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Filing 1015
Supplemental MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery)
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Filing 1014
DECLARATION of Randale Johnson re #1006 Order on Motion to Produce, filed by Randale Johnson. (Attachments: #1 Exhibit Bank Statements)(Paul, Steven)
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Filing 1013
DECLARATION of LaGrand Johnson re #1006 Order on Motion to Produce, filed by LaGrand Johnson. (Attachments: #1 Exhibit Bank Statements)(Paul, Steven)
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Filing 1012
DECLARATION of Glenda Johnson re #1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, filed by Glenda Johnson. (Paul, Steven)
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Filing 1011
MOTION for Approval of Seventh Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Summary, #2 Exhibit B - Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 1010
DECLARATION of Steven Paul re #1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, acknowledging delivery of Order, ECF 1007, to the Johnsons filed by Glenda Johnson, LaGrand Johnson, Neldon Johnson, Randale Johnson. (Paul, Steven)
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Filing 1009
DECLARATION of Randale Johnson re #1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by Randale Johnson. (Paul, Steven)
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Filing 1008
DECLARATION of LaGrand Johnson re #1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by LaGrand Johnson. (Paul, Steven)
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Filing 1007
MEMORANDUM DECISION AND ORDER granting #757 Motion to Direct Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson; denying #805 Motion to Strike; overruling #930 Objections and #890 Objections. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20 (alt)
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Filing 1006
ORDER granting #876 Motion to Produce Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20 (alt)
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Filing 1005
NOTICE of Publication by Wayne Klein re #988 Order on Motion for Miscellaneous Relief (Elk Ridge, UT Property) (Attachments: #1 Exhibit Publication Affidavit) (Lehr, Michael)
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Filing 1004
REPLY to Response to Motion re #964 MOTION for Sanctions re #931 Motion to set aside judgment, filed by Plaintiff USA. (Gallagher, Erin)
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Filing 1003
Minute Entry for proceedings held before Judge David Nuffer: Motion Hearing held on 8/28/2020 re #973 MOTION for Order of Sale and Memorandum in Support filed by Wayne Klein. Counsel, court and court reporter present by Zoom video conference. Discussion heard on publication of the sale of the property, changes in the facts of the case. Ms. Hines has no objection to the sale. Mr. Balls is to prepare a proposed order as directed by the court. Court adjourned. Attorney for Plaintiff: Erin Hines, Attorney for Defendant: Jeffery Balls, Stephen Paul. Court Reporter: Kelly Sommerville.(Time Start: 11:01, Time End: 11:10, Room 2B St. George.)(pjd)
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Filing 1002
DOCKET TEXT ORDER denying #999 Motion to Quash. The #999 Motion to Quash filed be Roger Hamblin is DENIED. However, the Receiver is directed to take precautions such as masks, cleaning surfaces, hand sanitizer, and social distancing in the deposition session. Signed by Judge David Nuffer on August 28, 2020. No attached document. (jaw)
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Filing 1001
MEMORANDUM in Opposition re #999 MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Subpoena to Hamblin)(Lehr, Michael)
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Filing 1000
Motions No Longer Referred: #999 MOTION to Quash Subpoena for Testimony and Memorandum in Support (jeh)
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Filing 999
MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Petitioner Roger Hamblin. (Attachments: #1 Exhibit A-Subpoena, #2 Exhibit B- Email, #3 Exhibit C- Tribute Archive, #4 Exhibit D- Letter) Motions referred to Daphne A. Oberg.(nl)
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Filing 997
ORDER granting #995 Motion for Extension of Time to File Response/Reply re #964 MOTION for Sanctions re #931 Motion to set aside judgment: Reply memo due by 9/4/2020. No response to #986 Motion required at this time. Signed by Magistrate Judge Daphne A. Oberg on 8/18/20 (alt)
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Filing 996
NOTICE OF HEARING ON MOTION re: #973 MOTION for Order of Sale and Memorandum in Support : Motion Hearing set for 8/28/2020 at 11:00 AM in Judges Chambers before Judge David Nuffer. Conference link emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information (pjd)
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Filing 998
MANDATE of USCA as to #698 Notice of Appeal: According to the USCA, the Appeal is Dismissed for lack of jurisdiction. Judgment included with mandate: Yes. (Attachments: #1 USCA Judgment, #2 Mandate Cover Letter) (alt)
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Filing 995
MOTION for Extension of Time to File Response/Reply as to #964 MOTION for Sanctions, #986 MOTION to Set Aside Judgment and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Order denying petition for rehearing, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Gallagher, Erin) Modified on 8/18/2020: added link to related motion and removed non-motion link (alt)
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Filing 994
CLERK'S NOTICE OF ERROR re #993 Order Dismissing Case - order was entered in wrong case. Case was already closed on 10/4/18. (alt)
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Filing 993
ERROR: ENTERED IN WRONG CASE - ORDER DISMISSING CASE without prejudice for lack of subject matter jurisdiction. Signed by Judge David Nuffer on 8/10/20 (alt) Modified on 8/10/2020: added error text (alt)
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Filing 992
ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Millard County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20 (alt)
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Filing 991
ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Utah County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20 (alt)
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Filing 990
MEMORANDUM in Opposition re #964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Exhibit 1A - Transcript, Day 1, #2 Exhibit 1B - Transcript, Day 2, #3 Exhibit 1C - Transcript, Day 3)(Paul, Steven)
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Filing 989
NOTICE OF FILING of Proposed Orders re #984 Memorandum Decision filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Lehr, Michael)
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Filing 988
ORDER granting #972 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Elk Ridge). Signed by Magistrate Judge Daphne A. Oberg on 8/7/20 (alt)
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Filing 987
REQUEST to Submit for Decision re #972 Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 985
NOTICE OF FILING re 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - May 25th Email)(Lehr, Michael)
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Filing 984
MEMORANDUM DECISION AND ORDER Invalidating Liens that Glenda Johnson granted to Anstram Energy and directing Receiver to conduct additional investigation. Signed by Judge David Nuffer on 8/6/20 (alt)
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Filing 983
NOTICE OF FILING of Proposed Order re 967 Order,,,,,, Invalidating Liens and Directing the Receiver to Conduct Investigation filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 982
ORDER granting #955 Motion to Discontinue Living Allowance to Gregory Shepard. Signed by Judge David Nuffer on 8/4/20 (alt)
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Filing 986
Pro Se MOTION to Set Aside Judgment (Rule 60) and Memorandum in Support filed by Defendant Neldon Johnson (alt)
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Filing 981
REQUEST to Submit for Decision re #955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 980
DOCKET TEXT ORDER re 652 Docket Text Order appointing CJA Counsel, Edwin S. Wall for Neldon Johnson. As contemplated in the #953 Memorandum Decision and Order Taking Under Advisement Notice and/or Motion to Withdraw As Counsel for Defendants, and no objections having been filed prior to the expiration of the 14-day deadline set forth in the #953 Order, IT IS HEREBY ORDERED that the 652 Docket Text Order is clarified to provide that the appointment of Edwin S. Wall is limited to the contempt proceedings. No attached document. Signed by Judge David Nuffer on July 29, 2020. (jaw)
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Filing 979
NOTICE OF WITHDRAWAL OF COUNSEL of David E Leta and Jeff D. Tuttle filed by Jeffrey D. Tuttle on behalf of RaPower-3 (Tuttle, Jeffrey)
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Filing 976
MEMORANDUM DECISION AND ORDER deeming as moot and denying #931 Motion to Set Aside Judgment; deeming as moot and denying #949 Motion to Withdraw as Counsel. Signed by Judge David Nuffer on 7/28/20 (alt)
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Filing 978
Modification of Docket re #977 USCA Mandate. Error: USCA Cover Letter was erroneously not attached to mandate entry. Correction: Cover letter has been added to entry and is also attached to this entry. (alt)
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Filing 977
MANDATE of USCA as to #445 Notice of Appeal - Interlocutory, #472 Notice of Appeal. According to the USCA, the Judgment of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: #1 USCA Judgment) (alt) (Additional attachment(s) added on 7/28/2020: #2 Mandate Cover Letter) (alt).
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Filing 975
DOCKET TEXT ORDER GRANTING #974 Motion for Extension of Time to File Response/Reply re #964 MOTION for Sanctions and Memorandum in Support Regarding ECF No. 931, Rule 60 Motion to Set Aside Judgment. Opposition due by 8/12/2020. Signed by Magistrate Judge Daphne A. Oberg on 7/27/2020. No attached document. (nas)
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Filing 974
MOTION for Extension of Time to File Response/Reply as to #964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Daphne A. Oberg.(Paul, Steven)
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Filing 973
MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Balls, Jeffery)
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Filing 972
Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Balls, Jeffery)
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Filing 971
ORDER re #911 Receiver's Report on #677 Civil Contempt Order: by no later than 8/18/20, Pacific Stock Transfer Company shall pay to the Receiver a reduced fine amount of $10,000.00 in full satisfaction of the coercive fine previously ordered. Signed by Judge David Nuffer on 7/22/20 (alt)
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Filing 970
ORDER granting #943 Sixth Motion for Approval to Consummate Settlements: the clerk of the Court shall pay to the Receiver $97,430.00 deposited into the Court registry by Snell and Wilmer pursuant to the Amended and Restated Order Denying Application for Compensation and Reimbursement of Expenses filed in Case No. 2:18cv00608 DN on 11/6/18. Signed by Judge David Nuffer on 7/21/20 (alt)
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Filing 969
NOTICE OF FILING of Verification of Compliance with Order 947 filed by Respondent LaGrand Johnson. (Paul, Steven)
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Filing 968
REQUEST to Submit for Decision re #943 Sixth MOTION for Settlement filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 967
DOCKET TEXT ORDER taking under advisement - #923 Receiver's Notice of Non-Compliance and - #942 Receiver's Report and Recommendation on Glenda Johnson's Non-Compliance with Order Requiring Release of Liens. The court has reviewed the declarations and materials submitted by the parties in connection with the foregoing Notice and Report and Recommendation and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions adopting the recommendation that the liens be declared invalid and directing the Receiver to file the order with the county recorders of Millard County and Utah County. The proposed order shall also direct the Receiver to locate and depose Roger Hamblin and Preston Olsen regarding all of their activities relevant to the #942 Report and Recommendation, and any other apparent efforts to interfere with the Receivership in this case. The proposed order should comply with the instructions at # http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before August 3, 2020, and shall be reviewed by opposing counsel within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to # dj.nuffer@utd.uscourts.gov. No attached document. Signed by Judge David Nuffer on Jul y 14, 2020. (jaw)
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Filing 966
Motions No Longer Referred: #955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support (jeh)
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Filing 965
Motions No Longer Referred: #964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, (jeh)
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Filing 964
MOTION for Sanctions and Memorandum in Support re #931 Motion to set aside judgment, filed by Plaintiff USA. (Attachments: #1 Declaration of Erin Healy Gallagher, #2 Exhibit Pl. Ex. 970, IRS Pre-Trial Brief, #3 Exhibit Pl. Ex. 971, IRS Post-Trial Brief, #4 Exhibit Pl. Ex. 972, Tax Court Tr., Jan. 21, 2020, #5 Exhibit Pl. Ex. 973, Tax Court Tr., Jan. 22, 2020, #6 Exhibit Pl. Ex. 974, Tax Court Tr., Jan. 23, 2020, #7 Exhibit Pl. Ex. 975, Expert Report of Dr. Thomas Mancini, Tax Court Exhibit 147-R, #8 Exhibit Pl. Ex. 976, Rebuttal Report of Dr. Thomas Mancini, Tax Court Exhibit 148-R, #9 Exhibit Pl. Ex. 977, 2020 06 08 letter from Healy Gallagher to Paul, #10 Exhibit Pl. Ex. 978, 2020 06 11 email from Paul to Healy Gallagher) Motions referred to Daphne A. Oberg.(Gallagher, Erin) Modified on 8/18/2020: corrected entry text (alt)
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Filing 963
ORDER granting #922 Motion to Appoint Appraisers for Fourteen Properties in Millard County, UT; Utah County, UT; and Los Angeles, CA. Signed by Judge David Nuffer on 7/13/20 (alt)
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Filing 962
REQUEST to Submit for Decision re #922 MOTION to Appoint Expert Appraisers (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 961
STATUS REPORT (Seventh Quarterly) by Wayne Klein. (Attachments: #1 Exhibit 1 - Real Property List)(Lehr, Michael)
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Filing 960
DOCKET TEXT ORDER GRANTING #952 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Daphne A. Oberg on 7/9/2020. No attached document. (jeh)
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Filing 959
Motions No Longer Referred: #955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support (jeh)
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Filing 958
DECLARATION of LaGrand Johnson re #947 Contempt Order, Terminate Motions filed by LaGrand Johnson. (Paul, Steven)
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Filing 957
DECLARATION of Randale Johnson re #947 Contempt Order, Terminate Motions filed by Randale Johnson. (Paul, Steven)
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Filing 956
DECLARATION of Glenda E. Johnson re #947 Contempt Order, Terminate Motions filed by Glenda Johnson. (Paul, Steven)
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Filing 955
MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit 1 - Summary of Payments, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 954
NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re #947 Contempt Order, Terminate Motions (Attachments: #1 Exhibit a. Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020) (Wall, Edwin)
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Filing 953
MEMORANDUM DECISION AND ORDER taking under advisement #949 Motion to Withdraw as Counsel as to Rapower-3, International Automated Systems, and Neldon Johnson. Signed by Judge David Nuffer on 7/7/20 (alt)
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Filing 952
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Gallagher, Erin)
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Filing 951
Motions No Longer Referred: #949 MOTION to Withdraw as Counsel (jeh)
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Filing 950
NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re #947 Contempt Order, Terminate Motions (Wall, Edwin)
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Modification of Docket re #940 Response to Motion, #944 Reply Memorandum/Reply to Response to Motion. #939 Motion was filed with wrong filing party selected was re-filed correctly as #949 Motion. Related motion briefings #940 and #944 have been re-linked to the corrected motion entry. (alt)
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Filing 949
MOTION to Withdraw as Counsel and Memorandum in Support filed by Objectors Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings, Defendants International Automated Systems, LTB1, RaPower-3, Respondents Solco I, XSun Energy. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg. Attorney Steven R. Paul added to party Black Night Enterprises(pty:obj), Attorney Steven R. Paul added to party NP Johnson Family Limited Partnership(pty:obj), Attorney Steven R. Paul added to party Solstice Enterprises(pty:obj), Attorney Steven R. Paul added to party Starlight Holdings(pty:obj)(Paul, Steven)
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Filing 948
ORDER that the $735,202.22 in XSun funds currently held by the Receiver pursuant to #844 Stipulation are and may be retained as Receivership Property; Nelson Snuffer Dahle and Poulsen, PC does not have a valid attorney's lien on any portion of funds. Signed by Judge David Nuffer on 7/6/20 (alt)
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Filing 947
ORDER OF CONTEMPT against Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson, granting #754 MOTION for Sanctions (due to continued contempt). Signed by Judge David Nuffer on 7/6/20 (alt)
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Filing 946
NOTICE OF DEFICIENCY re #939 MOTION to Withdraw as Counsel. The document was incorrectly e-filed with an "Interested Party" that the document doesn't identify as a party any atty is moving to withdraw from representing selected as the filer. Also, law firms are not added to cases as counsel for parties, only individual attorneys are added as counsel for a party. This means that when filing a motion to withdraw as counsel, the party/parties that an attorney wishes to withdraw from representing must be selected as the filing party/parties. (alt)
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Filing 945
DOCKET TEXT ORDER taking under advisement #876 Motion For Production of Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief ("Motion for Production"). In deciding the Motion for Production, the court anticipates it may also consider documents presented in connection with #757 the Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson. Any objections to the court doing so may be filed by no later than July 17, 2020 Signed by Judge David Nuffer on July 6, 2020. No attached document. (jaw)
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Filing 944
REPLY to Response to Motion re #949 MOTION to Withdraw as Counsel filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Exhibit IRS Tax Court Transcripts, #2 Exhibit District Court Trial Transcripts)(Paul, Steven) Modified on 7/7/2020: re-linked to corrected motion (alt)
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Filing 943
Sixth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Balls, Jeffery) Modified on 7/21/2020: updated motion relief so Finance would receive notice (alt)
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Filing 942
STATUS REPORT and Recommendation on Glenda Johnson's Non-Compliance With Order Requiring Release of Liens by Wayne Klein. (Attachments: #1 Exhibit 1 - Cert. of Formation Anstram Energy, #2 Exhibit 2 - Glenda Johnson Answer, #3 Exhibit 3 - Olsen Tax Court Transcript)(Lehr, Michael)
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Filing 941
Motions No Longer Referred: #939 MOTION to Withdraw as Counsel and Memorandum in Support (jeh)
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Filing 940
RESPONSE to Motion re #949 MOTION to Withdraw as Counsel filed by Plaintiff USA. (Gallagher, Erin) Modified on 7/7/2020: re-linked to correct motion (alt)
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Filing 939
MOTION to Withdraw as Counsel and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Paul, Steven)
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Filing 938
ORDER granting #927 Motion for Approval of Sixth Fee Application. Signed by Judge David Nuffer on 6/15/20 (alt)
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Filing 937
DECLARATION of Glenda Johnson re #933 Order filed by Glenda Johnson. (Attachments: #1 Exhibit Copy of Transfer of Membership Interest, #2 Affidavit Declaration of Roger Hamblin, #3 Affidavit Declaration of Preston Olsen)(Paul, Steven)
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Filing 936
ORDER granting #935 Motion for Extension of Time. Signed by Magistrate Judge Daphne A. Oberg on 6/10/20 (alt)
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Filing 935
MOTION for Extension of Time to respond to Rule 60 motion and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Gallagher, Erin)
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Filing 934
REQUEST to Submit for Decision re #927 MOTION for Approval of Sixth Fee Application filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 933
ORDER re #923 Notice of Non-Compliance: Glenda Johnson must file a declaration by no later than 6/10/20. Signed by Judge David Nuffer on 6/3/20 (alt)
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Filing 932
RESPONSE re #930 Objections, filed by Wayne Klein. (Balls, Jeffery)
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Filing 931
MOTION to Set Aside Judgment and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Attachments: #1 Exhibit IRS Tax Court Transcripts, #2 Exhibit District Court Trial Transcripts)(Paul, Steven)
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Filing 930
OBJECTIONS to 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Glenda Johnson. (Attachments: #1 Exhibit Exhibit to Objection to Proposed form of Order)(Paul, Steven)
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Filing 929
RESPONSE re #925 Declaration, #920 Order,,(Glenda Johnson's Failure to Release Liens) filed by Wayne Klein. (Lehr, Michael)
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Filing 928
Motions No Longer Referred: #927 MOTION for Approval of Sixth Fee Application and Memorandum in Support (nas)
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Filing 927
MOTION for Approval of Sixth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Time Summary, #2 Exhibit B- Time Detail, #3 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lehr, Michael)
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Filing 926
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Referral Reassigned to Magistrate Judge Daphne A. Oberg. Magistrate Judge Evelyn J. Furse no longer assigned to the case. Case number will now read 2:15cv00828 DN-DOA. Please make changes to document captions accordingly. (alt)
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Filing 925
DECLARATION of Glenda Johnson re #923 Notice (Other) filed by Glenda Johnson. (Paul, Steven)
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Filing 924
Motions No Longer Referred: #922 MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over) (nas)
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Filing 923
NOTICE of Non-Compliance by Wayne Klein re #920 Order, (Attachments: #1 Exhibit A - Motion to Dismiss, #2 Exhibit B - Payson Property Information) (Lehr, Michael)
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Filing 922
MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Qualifications, #3 Exhibit C- Qualifications, #4 Exhibit D- Qualifications) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 921
ORDER granting #894 Motion to Appoint Expert Appraisers for Elk Ridge, UT, Property. Signed by Judge David Nuffer on 5/5/20 (alt)
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Filing 920
ORDER re #888 Affidavit of Non-Compliance against Glenda Johnson: If Glenda Johnson fails to dismiss the West Wings Lawsuit with prejudice or fails to release the 3 liens as ordered, a bench warrant shall be issued for her arrest. Signed by Judge David Nuffer on 5/5/20 (alt)
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Filing 919
REQUEST to Submit for Decision re #888 Affidavit, of Non-Compliance against Glenda Johnson filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Lehr, Michael)
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Filing 918
STATUS REPORT (Sixth Quarterly) by Wayne Klein. (Attachments: #1 Exhibit 1 Real Property Status)(Lehr, Michael) Modified on 4/28/2020: removed repetitive text (alt)
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Filing 917
NOTICE of of email submission of final draft opinion and order re United States' motion for additional sanctions by USA re #754 MOTION for Sanctions (due to continued contempt) (Attachments: #1 Text of Proposed Order Email submitting attached final draft opinion and order on United States' motion for additional sanctions) (Gallagher, Erin)
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Filing 916
DOCKET TEXT ORDER taking under advisement - #757 Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson ("Motion for Turnover") - #805 Motion to Strike New Evidence and Argument in Reply Memorandum - #890 Objection to Receiver's Authentication of Exhibits in Support of His Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson The court has reviewed the memoranda and materials submitted by the parties in connection with the foregoing motions and objection and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions (1) granting the #757 Motion for Turnover; (2) denying the #805 Motion to Strike; and (3) overruling the #890 Objection (for the reasons stated in the Receiver's memoranda, which shall be stated in the order). The proposed order should comply with the instructions at # http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before May 15, 2020, and shall be provided to opposing counsel for review within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to # dj.nuffer@utd.uscourts.gov. Signed by Judge David Nuffer on April 23, 2020. No attached document. (jaw)
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Filing 915
NOTICE of Sale Results Howard County, Texas Property by Wayne Klein re #867 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit Publication Affidavit) (Lehr, Michael)
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Filing 914
NOTICE OF FILING of Declaration of Compliance by Neldon Johnson re #893 Order filed by Defendant Neldon Johnson. (Attachments: #1 Exhibit 1. Declaration of Compliance of Neldon Johnson)(Wall, Edwin)
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Filing 913
FILED AGAIN AS #914 NOTICE W/EXHIBIT - NOTICE OF FILING of Declaration of Compliance by Neldon Johnson re #893 Order filed by Defendant Neldon Johnson. (Wall, Edwin) Modified on 4/17/2020: added refiling info (alt)
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Filing 912
NOTICE OF FILING of Declaration in Compliance re #893 Order to Turnover Vehicles filed by Respondent Glenda Johnson. (Paul, Steven)
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Filing 911
STATUS REPORT and Recommendation re Civil Contempt of Pacific Stock Transfer Company by Wayne Klein. (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Receiver's Declaration, #3 Exhibit C - Email from PSTC, #4 Exhibit D - Email from Receiver, #5 Exhibit E - Email from Receiver)(Lehr, Michael)
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Filing 910
OBJECTIONS to #899 Notice (Other), filed by Glenda Johnson, LaGrand Johnson, Randale Johnson. (Attachments: #1 Supplement red-line edits to proposed form of order)(Paul, Steven)
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Filing 909
ORDER granting #898 Fifth Motion for for Approval to Consummate Settlements. Signed by Judge David Nuffer on 4/15/20 (alt)
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Filing 908
REQUEST to Submit for Decision re #898 Fifth MOTION for Settlement, #894 MOTION to Appoint Expert Appraisers (Elk Ridge, UT Property) filed by Receiver Wayne Klein. (Balls, Jeffery)
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Filing 907
ORDER granting #906 Motion for Extension of Time to File Response to Draft of Civil Contempt Order. Signed by Magistrate Judge Evelyn J. Furse on 4/10/20 (alt)
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Filing 906
Stipulated MOTION for Extension of Time to File Response/Reply as to #884 Order on Motion for Extension of Time and Memorandum in Support filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. Motions referred to Evelyn J. Furse.(Paul, Steven)
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Filing 905
NOTICE OF DEFICIENCY re #904 Notice of Filing. The document is not signed. The clerk requests the filer of the original document to refile a signed version of the document, preferably styled as a Motion for Extension of Time per the limitations set re 'stipulations' in DUCivR 83-6. The new pleading will receive a new document number on the docket. (alt)
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Filing 904
NOTICE OF FILING of Notice of Stipulated Extension to Deadlines to Respond to Draft of Civil Contempt Order re #884 Order on Motion for Extension of Time filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 903
NOTICE OF FILING of Declaration in Compliance re #893 Order filed by Respondent Glenda Johnson. (Attachments: #1 Supplement Affidavit Transferring Title)(Paul, Steven)
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Filing 902
NOTICE OF FILING re #893 Order filed by Defendant Neldon Johnson. (Attachments: #1 Affidavit Declaration of Neldon Johnson Regarding Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson, #2 Exhibit 1 - Vehicle List with Locations, Drivability, Towability, Title and Notes, #3 Exhibit 2 - Declaration of Neldon Johnson Transferring Title in Vehicles, #4 Exhibit 3 - Photographs of Vehicles)(Wall, Edwin)
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Filing 901
REQUEST to Submit for Decision re #876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. (Gallagher, Erin)
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Filing 900
MEMORANDUM in Opposition re #876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Respondents LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 899
NOTICE of email submission of draft opinion and order re United States' motion for additional sanctions by USA re #754 MOTION for Sanctions (due to continued contempt), 863 Show Cause Hearing,, (Attachments: #1 Email submitting attached draft opinion and order on United States' motion for additional sanctions) (Gallagher, Erin)
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Filing 898
Fifth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery) Modified on 4/7/2020: removed unnecessary text (alt)
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Filing 897
Motions No Longer Referred: #894 MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property) (nas)
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Filing 896
ORDER granting #873 Fourth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 3/30/20 (alt)
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Filing 895
ORDER granting #868 Motion for Approval of Receiver's Fifth Interim Fee Application. Signed by Judge David Nuffer on 3/30/20 (alt)
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Filing 894
MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit B - Qualifications) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 893
ORDER Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson. Signed by Judge David Nuffer on 3/27/20 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (alt)
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Filing 892
REQUEST to Submit for Decision re #876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. (Gallagher, Erin)
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Filing 891
REQUEST to Submit for Decision re #812 Declaration, #873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 890
OBJECTIONS to #883 Response (NOT to motion) filed by Glenda Johnson. (Paul, Steven)
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Filing 889
RESPONSE re #812 Declaration, #859 Objections, Receiver's Affidavit of Non-Compliance Against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein. (Lehr, Michael)
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Filing 888
AFFIDAVIT of Wayne Klein Ex-Parte Declaration of Non-Compliance against Glenda Johnson filed by Wayne Klein. (Attachments: #1 Exhibit A - Millard County Liens, #2 Exhibit B - Complaint Johnson v. Wings West LC, #3 Exhibit C- Payson Lien, #4 Exhibit D - Howard County Texas Lien)(Lehr, Michael)
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Filing 887
REQUEST to Submit for Decision re #868 MOTION for Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 886
DOCKET TEXT ORDER GRANTING #885 Motion for Extension of Time to File Response/Reply. Response due 3/23/20. Signed by Magistrate Judge Evelyn J. Furse on 3/19/2020. No attached document. (nas)
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Filing 885
Stipulated MOTION for Extension of Time to File Response/Reply as to #859 Objections to Affidavit of Non-Compliance filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 884
ORDER granting #882 Motion for Extension of Time to File Draft Proposed Findings and Conclusions re Civil Contempt. Signed by Magistrate Judge Evelyn J. Furse on 3/17/20 (alt)
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Filing 883
RESPONSE re #866 Order,,Authentication of Exhibits filed by Wayne Klein. (Attachments: #1 Exhibit Exhibit 1)(Balls, Jeffery)
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Filing 882
Consent MOTION for Extension of Time deadline to circulate and file draft proposed findings and conclusions and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
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Filing 881
OBJECTIONS to #877 Notice (Other) filed by Glenda Johnson. (Paul, Steven)
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Filing 880
OBJECTIONS to #877 Notice (Other) filed by Neldon Johnson. (Wall, Edwin)
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Filing 879
EXHIBITS filed by Wayne Klein re #877 Notice (Other). (Balls, Jeffery)
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Filing 878
Motions No Longer Referred: #876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson (nas)
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Filing 877
NOTICE of Filing Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson by Wayne Klein (Attachments: #1 Text of Proposed Order) (Balls, Jeffery)
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Filing 876
MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. (Attachments: #1 Exhibit Pl. Ex. 945 (excerpts), Composite Exhibit bank records in support of the summary chart at Pl. Exs. 942-944.pdf, #2 Exhibit R. Ex. 2102, Transfers to insiders after key court dates, #3 Exhibit R. Ex. 2172, Nov. 1, 2018 Account statement for Glenda Johnson savings account (#2790) at Peoples Intermountain Bank, #4 Exhibit R. Ex. 2173, Oct. 24, 2018 account statement for Glenda Johnson checking account (#1808) at Peoples Intermountain Bank, #5 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Gallagher, Erin)
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Filing 874
Motions No Longer Referred: #873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support (nas)
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Filing 873
Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Balls, Jeffery)
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Filing 872
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Sanctions held on February 25, 2020, before Judge David Nuffer, re #472 Notice of Appeal, #698 Notice of Appeal, #445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken, 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 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020 (alt) Modified by removing restricted text on 6/2/2020 (nl).
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Filing 871
ORDER granting #870 Motion for Extension of Time: Receiver's response to #870 Objection is due on 3/18/20. Signed by Magistrate Judge Evelyn J. Furse on 3/4/20 (alt)
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Filing 870
Stipulated MOTION for Extension of Time for Receiver's Response to Objection to Affidavit of Non-Compliance filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 869
Motions No Longer Referred: #868 MOTION for Fifth Interim Fee Application and Memorandum in Support (nas)
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Filing 868
MOTION for Approval of Receiver's Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 3/30/2020: corrected text (alt)
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Filing 867
ORDER granting #857 Motion to Approve Sale of TX Property. Signed by Magistrate Judge Evelyn J. Furse on 3/2/20 (alt)
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Filing 866
ORDER re #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson: authentication of certain exhibits requested. Signed by Judge David Nuffer on 3/2/20 (alt)
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Filing 864
Witness and Exhibit List.(ksm)
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Filing 863
Minute Entryfor proceedings held before Judge David Nuffer: Show Cause Hearing re #754 MOTION for Sanctions and Memorandum in Support (due to continued contempt) held on 2/25/2020. Counsel for all parties present. Exhibits received and witnesses presented. The court sets the following schedule.Draft order due from govt. by March 17, 2020Response due by defendants by March 27, 2020Final order due to the court by April 5, 2020Attorney for Plaintiff: Erin Healy Gallager, Michael Lehr for receiver Wayne Klein, Attorney for Defendant: Ed Wall for Neldon Johnson, and Steven Paul for Glenda Johnson and Randale Johnson.Court Reporter: electronic/Kelly Hicken.(Time Start: 9:00:53 am, Time End: 2:27:16 pm, Room 7.200.)(ksm)
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Filing 862
RESPONSE re #858 Order, filed by USA. (Attachments: #1 Appendix to United States' Statement of Issues for February 25, 2020 Contempt Hearing)(Hines, Erin)
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Filing 861
RESPONSE re #858 Order,on behalf of Glenda Johnson, LaGrand Johnson and Randale Johnson to the Government's Statement of Issues for February 25, 2020 Hearing filed by Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 860
RESPONSE re #858 Order,Neldon Johnson's Position As to The United States' Statement of Issues For January 25, 2020 Contempt Hearing filed by Neldon Johnson. (Wall, Edwin)
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Filing 859
OBJECTIONS to #812 Declaration (Receiver's Affidavit of Non-Compliance) filed by Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Exhibit A - Declaration of Denver Snuffer)(Skolnick, Michael)
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Filing 858
ORDER re: Issues for 2/25/20 Evidentiary Hearing. Signed by Judge David Nuffer on 2/19/20 (alt)
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Filing 857
MOTION for Order Approving (1) Public Sale of Property, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. B Appraisal) Motions referred to Evelyn J. Furse.(Balls, Jeffery)
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Filing 856
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume II held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Phoebe Moorhead, Telephone number (480)265-0404. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. (nl) Modified by removing restricted text on 5/11/2020 (nl).
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Filing 855
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume I held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Rebecca Janke, 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 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. (nl) Modified by removing restricted text on 5/11/2020 (nl).
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Filing 854
ORDER granting #829 Motion to Appoint Expert Appraisers for Texas Property of N.P. Johnson Family Limited Partnership. Signed by Judge David Nuffer on 2/3/20 (alt)
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Filing 853
ORDER granting #827 Third Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 2/3/20 (alt)
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Filing 852
STATUS REPORT Receiver's Fifth Quarterly Status Report by Wayne Klein. (Attachments: #1 Exhibit Property List)(Lehr, Michael)
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Filing 851
4th AMENDED NOTICE OF HEARING ON MOTION - Examination Under Oath re: #754 MOTION for Sanctions (due to continued contempt) : Motion Hearing reset for Tuesday, 2/25/2020 at 09:00 AM in Rm 7.200 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. (asb)
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Filing 850
Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Preliminary Hearing held on 1/23/2020. Government calls witnesses Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson. Witnesses/Respondents Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson sworn and testified. Court delays formal admission of exhibits until the next court proceeding, which is set for Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court continues #754 MOTION for Sanctions Hearing that was set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer until Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court to send out notice. Attorney for Plaintiff: Erin Healy Gallagher. Receiver Wayne Klein Present; Attorney Michael S. Lehr Present, Attorneys for Defendant: Daniel B. Garriott, Steven Paul, Edwin Wall. Court Reporter: Electronic/Becky Janke & Phoebe Moorhead. (Time Start: 9:07:01, Time End: 5:01:03, Room 8.100.)(lnp)
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Filing 849
ORDER denying #837 Motion to Continue Contempt Hearing. Signed by Judge David Nuffer on 1/22/20 (alt)
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Filing 848
ORDER REFERRING MOTION #754 MOTION for Sanctions (due to continued contempt) filed by USA Motions referred to Paul Kohler. Signed by Judge David Nuffer on 1/22/2020. (asb)
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Filing 847
ORDER granting #845 Motion re Retainer Funds Held in NSDP's Client Trust Account; denying as moot NSDP's #820 Motion to Intervene. Signed by Judge David Nuffer on 1/21/20 (alt)
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Filing 846
ORDER granting #823 Motion for Approval of Receiver's Fourth Interim Fee Application. Signed by Judge David Nuffer on 1/21/20 (alt)
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Filing 845
Stipulated MOTION Re: Retainer Funds in NSDP's Client Trust Account filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Skolnick, Michael)
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Filing 844
STIPULATION Regarding Retainer Funds Held in NSDP's Client Trust Account by Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Text of Proposed Order)(Skolnick, Michael)
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Filing 843
NOTICE of filing declarations for use at hearings on motion for additional contempt sanctions by USA (Attachments: #1 Exhibit Pl. Ex. 960, Declaration of James Bennett, #2 Exhibit Pl. Ex. 961, Declaration of Gordon Jacobsen) (Gallagher, Erin)
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Filing 842
REQUEST to Submit for Decision re #827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support , #829 MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 841
DOCKET TEXT ORDER taking under advisement #837 Motion to Continue Contempt Hearing. On the basis of the instant District Court's previously-set contempt hearing, Neldon Johnson must move to quash the Tax Court subpoena. Additionally, by no later than noon on Tuesday, January 21, 2020, (1) any reply in support of the #837 motion must be filed and must include a copy of the motion to quash, and (2) Johnson must provide (A) the date of service (or proof of service) of the Tax Court subpoena, (B) the names of all counsel in the Tax Court case, and (C) contact information for the Tax Court staff and judge. Signed by Judge David Nuffer on January 17, 2020. No attached document. (jaw)
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Filing 840
MEMORANDUM in Opposition re #837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Plaintiff USA. (Gallagher, Erin)
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Filing 839
3rd AMENDED NOTICE OF HEARING - Examination Under Oath : Preliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 8.100 before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer.See order 803 entered 11/25/2019 for instructions/details. This amended notice is to amend the courtroom number for 1/23/2020 hearing. (asb) (asb)
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Filing 838
Motions No Longer Referred: #837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support (nas)
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Filing 837
MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Defendant Neldon Johnson. (Attachments: #1 Exhibit 1. Subpoena of United States Tax Court for Neldon Johnson, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wall, Edwin)
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Filing 836
STATUS REPORT as to as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing per ECF No. 828 by USA. (Gallagher, Erin)
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Filing 835
DOCKET TEXT ORDER GRANTING #833 Motion for Extension of Time to File Response/Reply re #820 Motion to Intervene. Reply due by 1/17/2020. Signed by Magistrate Judge Evelyn J. Furse on 1/13/2020. No attached document. (nas)
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Filing 834
REQUEST to Submit for Decision re #823 MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 833
Stipulated MOTION for Extension of Time , MOTION for Extension of Time to File Response/Reply as to #820 MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Skolnick, Michael)
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Filing 832
ORDER granting #814 Second Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 1/8/20 (alt)
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2nd AMENDED NOTICE OF HEARING - Examination Under OathPreliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 7.300 before Magistrate Judge Paul Kohler. #754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. This amended notice is to add the courtroom number. (asb)
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Filing 831
REQUEST to Submit for Decision re #814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support , #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 830
Motions No Longer Referred: #827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support; #829 MOTION to Appoint Expert Appraiser and Memorandum in Support (nas)
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Filing 829
MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order Ex. A, #2 Exhibit Ex. B Appraiser Qualifications) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 828
MEMORANDUM DECISION AND ORDER (1) Denying #808 NSDP Motion to Retain Records; (2) Requiring Neldon Johnson to Deliver Boxes 15-27 to the Receiver; and (3) Requiring Plaintiff to File Status Report as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing. Signed by Judge David Nuffer on 12/28/19. (dla)
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Filing 827
Third MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 826
MEMORANDUM in Opposition re #820 MOTION to Intervene filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 825
Motions No Longer Referred: #823 MOTION for Fourth Interim Fee Application (nas)
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Filing 824
REPLY to Response to Motion re #808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Attorney Daniel B. Garriott added to party Nelson Snuffer Dahle Poulsen PC(pty:ip)(Garriott, Daniel)
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Filing 823
MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein. (Attachments: #1 Exhibit Time Summary, #2 Exhibit Time Detail, #3 Exhibit Expense Reimbursement, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 822
REPLY to Response to Motion re #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 821
Motions No Longer Referred: #820 MOTION to Intervene (nas)
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Filing 820
MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse.(Skolnick, Michael)
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Filing 819
NOTICE of Appearance by Jeremy R. Speckhals on behalf of Nelson Snuffer Dahle Poulsen PC (Speckhals, Jeremy)
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Filing 818
NOTICE of Appearance by Michael F. Skolnick on behalf of Nelson Snuffer Dahle Poulsen PC (Skolnick, Michael)
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Filing 817
MEMORANDUM in Opposition re #808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Receiver Wayne Klein. (Attachments: #1 Exhibit A - Documents Summary)(Balls, Jeffery)
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Filing 816
NOTICE of Appearance by Jeffery A. Balls on behalf of Wayne Klein (Balls, Jeffery)
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Filing 815
Motions No Longer Referred: #814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support (nas)
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Filing 814
Second MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 813
MEMORANDUM in Opposition re #805 MOTION to Strike #802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 812
DECLARATION of Wayne Klein Ex-Parte Declaration of Non-Compliance against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein. (Lehr, Michael)
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Filing 811
DOCUMENTS LODGED consisting of 120419 email string re continuance of 121219 and 121319 hearings. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
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AMENDED NOTICE OF HEARING - Examination Under Oath Preliminary Hearing reset for Thursday, 1/23/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. #754 MOTION for Sanctions Hearing reset for Friday, 1/24/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (moved from 12/12-13/2019)See order 803 entered 11/25/2019 for instructions/details. An amended notice of hearing will be docketed once a courtroom number has been determined. (asb)
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Filing 810
DECLARATION of Neldon P. Johnson Regarding Source of Funds for Filings filed by Neldon Johnson. (Paul, Steven)
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Filing 809
Motions No Longer Referred: #808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) (nas)
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Filing 808
MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. (Attachments: #1 Exhibit Index of Boxes N. Johnson gave to Receiver) Motions referred to Evelyn J. Furse. Attorney Steven R. Paul added to party Nelson Snuffer Dahle Poulsen PC(pty:ip)(Paul, Steven)
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Filing 807
STIPULATION re #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies extending time to reply by Wayne Klein. (Lehr, Michael)
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Filing 806
Motions No Longer Referred: #805 MOTION to Strike #802 Reply Memorandum/Reply to Response to Motion and Memorandum in Support (nas)
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Filing 805
MOTION to Strike #802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Respondent Glenda Johnson. Motions referred to Evelyn J. Furse.(Paul, Steven)
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Filing 804
AMENDED NOTICE OF HEARING ON MOTION re: #754 MOTION for Sanctions (due to continued contempt) : Motion Hearing set for Fridya, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (amended to correct that Judge Nuffer will conduct the hearing) (asb)
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NOTICE OF HEARING FOR DECEMBER 12 and 13, 2019: Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson set for Thursday, 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. Motion for Sanctions #754 Hearing set for Friday, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer.See order #803 entered 11/25/2019 for instructions/details. An amended notice of hearing will be docketed once a courtroom number has been determined. (asb)
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Filing 803
ORDER setting Evidentiary/Motion Hearing re #754 MOTION for Sanctions (due to continued contempt) for 12/13/2019 at 09:00 AM in Rm 7.200 before Judge David Nuffer. Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson is set for 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. Signed by Judge David Nuffer on 11/25/19 (alt)
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Filing 802
REPLY to Response to Motion re #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. (Attachments: #1 Appendix Evidence Rebutting Claims Made in Opposition, #2 Exhibit Ex. A Glenda Johnson Deposition Transcript, #3 Exhibit Ex. B Zions Bank Declaration, #4 Exhibit Ex. C Bank of American Fork Declaration, #5 Exhibit Ex. D Millard County Credit Union Declaration, #6 Exhibit Ex. E Wells Fargo Bank Declaration, #7 Exhibit Ex. F Declaration of Receiver)(Lehr, Michael)
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Filing 801
ORDER denying as moot #789 Motion to Reassign Case per DUCivR 83-2(g). Signed by Judge David Nuffer (alt)
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Filing 800
CLERK'S NOTICE OF ERROR re #789 Third MOTION to Reassign Case per DUCivR 83-2(g). Description of error: Filer use the "Miscellaneous Relief" motion relief instead of "Reassign Case". The entry has been adjusted by correcting the motion relief. Filers are reminded to use the "Miscellaneous Relief" motion relief only if there is not an existing motion relief that state the relief being sought. (alt)
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Filing 799
ORDER granting #766 Motion for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlement without Court Review. Signed by Judge David Nuffer on 11/19/19 (alt)
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Filing 798
CLERK'S NOTICE OF ERRORS re #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson. Description of error: Motions were filed as Motions for Summary Judgment, however neither is for entry of final judgment as to the complaint. The entry has been adjusted by correcting both motion relief to Miscellaneous Relief and correcting the entry text to state the actual reliefs sought. All related filings have also had their entry text corrected. (alt)
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Remark: no hard copy of #799 Order is being mailed to R. Gregory Shepard as legal counsel has been appearing and filing on his behalf since 4/24/19 (alt)
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Filing 797
MEMORANDUM in Opposition re #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Defendant R. Gregory Shepard. (Attachments: #1 Affidavit Declaration of Diana C. Shepard, #2 Affidavit Declaration of R. Gregory Shepard)(Paul, Steven) Modified on 11/19/2019" corrected entry text (alt)
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Filing 796
STIPULATION re #757 MOTION for Summary Judgment for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johson extending time to reply by Wayne Klein. (Lehr, Michael) Modified on 11/19/2019: corrected entry text (alt)
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Filing 795
REQUEST to Submit for Decision re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. (Gallagher, Erin)
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Filing 794
STATUS REPORT Receiver's Fourth Quarterly Status Report by Wayne Klein. (Attachments: #1 Exhibit 1 - Property List)(Lehr, Michael)
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Filing 793
STIPULATION re #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies by R. Gregory Shepard. (Paul, Steven) Modified on 11/19/2019: corrected entry text (alt)
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Filing 792
DOCKET TEXT ORDER GRANTING #790 Motion for Extension of Time to File Response/Reply. Reply due 11/15/2019. Signed by Magistrate Judge Evelyn J. Furse on 10/21/2019. No attached document. (nas)
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Filing 791
Motions No Longer Referred: #789 Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support (nas)
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Filing 790
Stipulated MOTION for Extension of Time to File Response/Reply to Glenda Johnson's Response to the Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 789
Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) 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 11/19/2019: corrected motion relief (alt)
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Filing 788
ORDER granting #763 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/15/19 (alt)
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Filing 787
ORDER granting #736 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/17/19 (alt)
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Filing 786
ORDER granting #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. Signed by Judge David Nuffer on 10/15/2019. (jwt)
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Filing 785
ORDER granting #773 Motion to Appoint Counsel: Appointed David C. Castleberry appointed as Conflicts Counsel for Receiver Wayne Klein. Signed by Judge David Nuffer on 10/11/19 (alt)
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Filing 784
MEMORANDUM in Opposition re #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johson filed by Respondent Glenda Johnson. (Attachments: #1 Affidavit Of Glenda Johnson in Support of Opposition to Receiver's Motion)(Paul, Steven) Modified on 11/19/2019: corrected entry text (alt)
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Filing 783
ORDER granting #761 Motion to Reappoint R. Wayne Klein as Receiver. Signed by Judge David Nuffer on 10/9/19 (alt)
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Filing 782
REPLY to Response to Motion re #763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 781
APPENDIX to #780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Receiver Wayne Klein . (Lehr, Michael) Modified on 11/19/2019: corrected entry text (alt)
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Filing 780
MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies and Memorandum in Support filed by Receiver Wayne Klein. (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)(Lehr, Michael) Modified on 11/19/2019: corrected motion relief (alt)
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Filing 779
REQUEST to Submit for Decision re #766 MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 778
NOTICE of Sale Results (320-Acre Millard County Property Parcel No. HD-4612) by Wayne Klein (Attachments: #1 Exhibit A - Publication Notice) (Lehr, Michael)
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Filing 777
NOTICE of Sale Results (120-Acre Millard County Property Parcel No. HD-4609) by Wayne Klein (Attachments: #1 Exhibit A - Publication Notice) (Lehr, Michael)
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Filing 776
NOTICE of Sale Results (80-Acre Millard County Property Parcel No. HD-4657) by Wayne Klein (Attachments: #1 Exhibit A - Publication Notice) (Lehr, Michael)
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Filing 775
NOTICE of Sale Results (40-Acre Millard County Property Parcel No. HD-4654) by Wayne Klein (Attachments: #1 Exhibit A - Publication Notice) (Lehr, Michael)
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Filing 774
Motions No Longer Referred: #773 MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel (nas)
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Filing 773
MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 772
REPLY to Response to Motion re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. (Attachments: #1 Affidavit Declaration of R. Wayne Klein in Support of United States' Motion for Additional Sanctions, #2 Exhibit Pl. Ex. 958, Email from Wayne Klein re RaPower/Johnson Vehicles, #3 Exhibit Pl. Ex. 959, Email from Wayne Klein re Glenda Johnson)(Gallagher, Erin)
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Filing 771
MEMORANDUM in Opposition re #763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Respondent Glenda Johnson. (Paul, Steven)
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Filing 770
REQUEST to Submit for Decision re #761 MOTION Reappointment of Receiver and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 769
REQUEST to Submit for Decision re #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. (Lehr, Michael)
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Filing 768
STIPULATION re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt), #760 Response to Motion extending time to reply by USA. (Gallagher, Erin)
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Filing 767
Motions No Longer Referred: #766 MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review (nas)
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Filing 766
MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael)
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Filing 765
MEMORANDUM in Opposition re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 764
Motions No Longer Referred: #763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support (nas)
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Filing 763
Second MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) 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 10/16/2019: corrected relief text (alt)
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Filing 762
Motions No Longer Referred: #761 MOTION Reappointment of Receiver and Memorandum in Support (nas)
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Filing 761
MOTION to Appoint Receiver and Memorandum in Support (reappointment) filed by Receiver Wayne Klein. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Lehr, Michael) Modified on 10/10/2019: corrected motion relief and entry text (alt)
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Filing 760
RESPONSE to Motion re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Defendant Neldon Johnson. (Wall, Edwin)
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Filing 759
STIPULATION re #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) for Extension of Time to Respond until September 11, 2019 by LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 758
APPENDIX to #757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johson filed by Receiver Wayne Klein . (Lehr, Michael) Modified on 11/19/2019: corrected entry text (alt)
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Filing 757
MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson and Memorandum in Support filed by Receiver Wayne Klein. (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)(Lehr, Michael) Modified on 11/19/2019: corrected motion relief (alt)
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Filing 756
REQUEST to Submit for Decision re #736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 755
Motions No Longer Referred: #754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) (nas)
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Filing 754
MOTION for Sanctions and Memorandum in Support (due to continued contempt) filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Gallagher, Erin) Modified on 11/19/2019: corrected entry text (alt)
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Filing 753
REPLY to Response to Motion re #736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 752
ORDER Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (2) Public Auction Procedures #735 . (120-Acre Millard County Property HD-4609). Signed by Magistrate Judge Evelyn J. Furse on 8/19/19. (dla)
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Filing 751
ORDER Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (2) Public Auction Procedures #740 Motion (320-Acre Millard County Property HD-4612). Signed by Magistrate Judge Evelyn J. Furse on 8/19/19. (dla)
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Filing 750
ORDER granting #749 the United States' Motion to Exceed Page Limit for its Forthcoming Motion for Additional Sanctions Due to Continued Contempt: The United States may file a motion for additional sanctions due to continued contempt that is 16 total pages, exclusive of the "face sheet, table of contents, table of authorities, signature block, certificate of services, and exhibits." Signed by Magistrate Judge Evelyn J. Furse on 8/19/19. (dla)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 737
Motions No Longer Referred: #736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) (nas)
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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)
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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)
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Filing 734
ORDER of USCA 10th Circuit as to #626 Notice of Appeal: petition for rehearing is denied (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 726
CERTIFICATE OF SERVICE by Neldon Johnson Draft Declaration of Neldon Johnson (Wall, Edwin)
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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)
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Filing 724
STATUS REPORT Receiver's Third Quarterly Status Report by Wayne Klein. (Lehr, Michael)
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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)
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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)
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Filing 721
Please be advised the Record is complete for purposes of appeal for USCA case number re #698 Notice of Appeal (alt)
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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)
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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)
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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)
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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)
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Filing 716
DECLARATION of Randale Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Randale Johnson. (Paul, Steven)
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Filing 715
DECLARATION of LaGrand Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by LaGrand Johnson. (Paul, Steven)
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Filing 714
DECLARATION of Glenda Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Glenda Johnson. (Paul, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 704
DECLARATION of Randale Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by Randale Johnson. (Paul, Steven)
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Filing 703
DECLARATION of LaGrand Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by LaGrand Johnson. (Paul, Steven)
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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)
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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)
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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)
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Filing 699
Transmission of Preliminary Record to USCA re #698 Notice of Appeal. (Attachments: #1 Appendix)(jmr)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 688
ORDER granting #651 Motion to Approve Receiver's Second Interim Fee Application. Signed by Judge David Nuffer on 6/6/19 (alt)
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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)
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Filing 686
Witness and Exhibit List for hearings held 4/26/2019, 5/3/2019 and 5/28/2019 before Judge David Nuffer. (asb)
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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).
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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)
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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)
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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)
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Filing 681
ORDER directing living expenses allowance for R. Gregory Shepard. Signed by Judge David Nuffer on 5/24/19 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 673
ORDER granting #628 Motion to Commence Legal Proceedings. Signed by Judge David Nuffer on 5/24/19 (alt)
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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)
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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)
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Filing 668
ORDER granting #610 Motion Regarding Public Sale of San Bernadino Property. Signed by Judge David Nuffer on 5/23/19 (alt)
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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)
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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)
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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)
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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)
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Filing 670
NOTICE of Tolling by Neldon Johnson (Attachments: #1 Copy of USCA Order) (alt)
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Filing 669
DECLARATION of Neldon P. Johnson filed by Neldon Johnson (alt)
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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)
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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)
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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)
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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)
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Filing 659
REPLY to Response to Motion re #628 MOTION to Commence Legal Proceedings filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 658
Motions No Longer Referred: #657 MOTION to Withdraw as Attorney And For Standby Designation (elm)
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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)
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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)
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Filing 655
NOTICE of Appearance by Edwin S. Wall on behalf of Neldon Johnson (Wall, Edwin)
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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)
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Filing 653
Motions No Longer Referred: #651 MOTION for Second Interim Fee Application for 1/1/2019 - 3/31/2019 (nas)
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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)
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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)
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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)
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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)
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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)
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Filing 647
Motions No Longer Referred: #642 MOTION for Attorney Fees re #576 Motion for Order to Show Cause - PSTC (nas)
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Filing 646
Proposed Witness/Exhibit List by Neldon Johnson (alt)
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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)
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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)
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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)
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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)
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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)
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Filing 638
NOTICE from the Court Re: Compliance and Adverse Inferences. Signed by Judge David Nuffer. (dla)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 630
Motions No Longer Referred: #628 MOTION Commence Legal Proceedings and Memorandum in Support (nas)
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Filing 629
USCA Case Number Case Appealed to Tenth Case Number 19-4066 for #626 Notice of Appeal filed by Neldon Johnson. (jmr)
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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)
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Filing 627
Transmission of Preliminary Record to USCA re #626 Notice of Appeal (Attachments: #1 Appendix) (alt)
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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)
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Filing 625
DECLARATION of Neldon P. Johnson re #491 Order filed by Neldon Johnson (Attachments: #1 Appendix of documents) (alt)
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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)
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Filing 623
DECLARATION of Glenda Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Glenda Johnson. (Paul, Steven)
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Filing 622
DECLARATION of LaGrand Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by LaGrand Johnson. (Paul, Steven)
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Filing 621
DECLARATION of Randale Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Randale Johnson. (Paul, Steven)
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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)
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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)
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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)
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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)
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Filing 617
MOTION to Dismiss Party Receiver, MOTION to Dismiss and Memorandum in Support filed by Defendant Neldon Johnson (Attachments: #1 Appendix) (alt)
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Filing 616
Proposed Witness and Exhibit List by Neldon Johnson (Attachments: #1 Exhibit 1) (alt)
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Filing 615
Proposed Witness List and Exhibit List for the Evidentiary Hearing on Show-Cause Motions by Wayne Klein. (Lehr, Michael)
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Filing 614
Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by R. Gregory Shepard. (Paul, Steven)
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Filing 613
Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven)
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Filing 612
Proposed Exhibit List and Witness List by Plaintiff USA.. (Gallagher, Erin)
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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)
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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)
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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)
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Filing 608
STATUS REPORT Receiver's Second Quarterly Status Report by Wayne Klein. (Lehr, Michael)
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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)
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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)
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Filing 605
Motions No Longer Referred: #604 MOTION Lift Stay to Allow Settlement of Tax Case and Memorandum in Support (elm)
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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)
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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)
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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)
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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)
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Filing 600
Motions No Longer Referred: #599 MOTION Appoint Appraiser and Memorandum in Support , #598 MOTION Appoint Appraiser and Memorandum in Support (nas)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 593
MEMORANDUM DECISION denying #577 Motion for Protective Order as to Glenda Johnson. Signed by Judge David Nuffer on 3/6/19 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 577
MOTION for Protective Order and Memorandum in Support filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.(Snuffer, Denver)
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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).
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Filing 575
RESPONSE re #574 Objections, Neldon Johnson's Fifth Amendment Claim filed by Wayne Klein. (Lehr, Michael)
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Filing 574
OBJECTIONS to Deposition (5th Amendment Claim) filed by Neldon Johnson (Attachments: #1 Supplement) (alt)
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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)
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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)
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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)
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Filing 570
MEMORANDUM in Opposition re #562 MOTION for Protective Order and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael)
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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)
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Filing 568
Pro Se MOTION for Protective Order filed by Defendant Neldon Johnson. Motion referred to Evelyn J. Furse (alt)
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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)
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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)
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Filing 567
Amended AFFIDAVIT of Neldon P. Johnson filed by Neldon Johnson (Attachments: #1 Supplement Copy of Opening Brief filed with 10CCA) (alt)
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Filing 566
NOTICE of Intent to Appear Pro Se by Neldon Johnson (alt)
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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)
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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)
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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)
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Filing 560
Motions No Longer Referred: #559 MOTION for Order to Show Cause and Memorandum in Support (nas)
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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)
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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)
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Filing 557
STATUS REPORT Receiver's Initial Quarterly Status Report by Wayne Klein. (Lehr, Michael)
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Filing 556
NOTICE of Intent to Serve Subpoena to Cyprus Credit Union by Wayne Klein (Lehr, Michael)
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Filing 555
NOTICE of Intent to Serve Subpoena to Neldon Johnson by Wayne Klein (Lehr, Michael)
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Filing 554
NOTICE of Intent to Serve Subpoena to Glenda Johnson by Wayne Klein (Lehr, Michael)
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Filing 553
NOTICE of Intent to Serve Subpoena To Church of Jesus Christ of Latter-Day Saints by Wayne Klein (Lehr, Michael)
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Filing 552
Receiver's FINANCIAL REPORT Recommendation on Status of International Automated Systems, and Liquidation Plan filed by Receiver Wayne Klein. (Lehr, Michael)
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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)
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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)
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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)
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Filing 548
ORDER granting #536 Motion to Release Certain Properties from the Receivership Estate. Signed by Judge David Nuffer on 12/26/18 (alt)
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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)
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Filing 546
REQUEST to Submit for Decision re #536 MOTION for Order Releasing Properties from Receivership Estate filed by Receiver Wayne Klein. (Lehr, Michael)
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Filing 545
NOTICE of Intent to Serve Subpoena to Roger Hamblin by Wayne Klein (Lehr, Michael)
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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)
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Filing 543
ERRATA to #526 Receivers Financial Report filed by Receiver Wayne Klein . (Attachments: #1 Exhibit)(Lehr, Michael)
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Filing 542
RESPONSE to Motion re #534 MOTION for Attorney Fees and Memorandum in Support filed by Defendant R. Gregory Shepard. (Paul, Steven)
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Filing 541
NOTICE OF WITHDRAWAL OF COUNSEL of Christopher Robert Moran filed by Christopher R. Moran on behalf of USA (Moran, Christopher)
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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)
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Filing 539
ORDER of USCA 10th Circuit as to #472 Notice of Appeal: abatement is lifted (alt)
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Filing 538
Motions No Longer Referred: #536 MOTION for Order Releasing Properties from Receivership Estate (nas)
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Filing 537
NOTICE of Intent to Serve Subpoena to Pacific Stock Transfer Company by Wayne Klein (Lehr, Michael)
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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)
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Filing 535
Motions No Longer Referred: #534 MOTION for Attorney Fees and Memorandum in Support (nas)
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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)
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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)
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Filing 532
Motions No Longer Referred: #530 MOTION and Memorandum in Support for limited relief from asset freeze (elm)
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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)
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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)
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Filing 529
ORDER denying #451 Rule 59(e) and Rule 52(b) Motion. Signed by Judge David Nuffer on 12/4/18. (dla)
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Filing 528
DECLARATION of Neldon P. Johnson re #491 Order filed by Neldon Johnson. (Paul, Steven)
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Filing 527
DECLARATION of R. Gregory Shepard re #491 Order filed by R. Gregory Shepard. (Paul, Steven)
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Filing 526
Receiver's FINANCIAL REPORT Recommendation of Living Allowances filed by Receiver Wayne Klein. (Lehr, Michael)
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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)
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Filing 524
NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein (Lehr, Michael)
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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)
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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)
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Filing 521
DECLARATION of R. Gregory Shepard (Second Declaration of Compliance) filed by R. Gregory Shepard. (Garriott, Daniel)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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Filing 510
DECLARATION of Neldon Johnson re #492 Declaration AMENDED filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Garriott, Daniel)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 501
Costs Taxed in amount of $ 49140.53 for Plaintiff against Defendants; signed by AWM, Chief Deputy Clerk on 11/7/2018 (alt)
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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)
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Filing 499
ORDER denying #495 Motion for Recusal. Signed by Judge David Nuffer on 11/05/2018. (elm)
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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)
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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)
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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)
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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)
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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)
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Filing 493
DECLARATION of R. Gregory Shepard re Compliance Verifications filed by R. Gregory Shepard. (Paul, Steven)
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Filing 492
DECLARATION of Neldon Johnson re Compliance Verifications filed by Neldon Johnson. (Paul, Steven)
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Filing 491
CORRECTED RECEIVERSHIP ORDER (corrects formatting problems in the #490 Receivership Order). Signed by Judge David Nuffer on 11/1/18 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 482
ORDER granting #459 Motion to Permit Settlement of State Cases. Signed by Judge David Nuffer on 10/24/18 (alt)
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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)
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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)
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Filing 479
ORDER denying #448 Motion to Stay enforcement of #444 Memorandum Decision. Signed by Judge David Nuffer on 10/23/18 (alt)
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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)
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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)
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Filing 476
Motions No Longer Referred: #474 Defendant's MOTION to Amend/Correct #468 Judgment, and Memorandum in Support (nas)
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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)
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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)
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Filing 473
Transmission of Preliminary Record to USCA re #472 Notice of Appeal (Attachments: #1 Appendix) (alt)
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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)
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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)
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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)
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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)
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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)
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Filing 467
FINDINGS OF FACT AND CONCLUSIONS OF LAW and PERMANENT INJUNCTION. Signed by Judge David Nuffer on 10/4/18 (alt)
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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)
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Filing 465
OBJECTIONS to #458 Reply Memorandum/Reply to Response to Motion, to "new evidence" submitted in Reply filed by USA. (Gallagher, Erin)
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Filing 464
Motions No Longer Referred: #462 MOTION lift asset freeze order as to certain assets and Memorandum in Support (nas)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 457
REQUEST to Submit for Decision re #290 MOTION for Attorney Fees re Motions to Compel filed by Plaintiff USA. (Moran, Christopher)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 446
Transmission of Preliminary Record to USCA re #445 Notice of Appeal - Interlocutory (Attachments: #1 Appendix) (alt)
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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)
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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)
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Filing 443
ORDER finding as moot #438 Motion for Hearing. Signed by Judge David Nuffer on 8/22/18 (alt)
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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)
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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)
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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)
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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)
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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)
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Filing 437
REPLY to Response to Motion re #429 MOTION to Vacate Stay filed by Plaintiff USA. (Gallagher, Erin)
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Filing 436
NOTICE of Appearance by David E. Leta on behalf of RaPower-3 (Leta, David)
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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)
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Filing 434
MEMORANDUM in Opposition re #429 MOTION to Vacate Stay and Reservation of Rights filed by Defendant RaPower-3. (Tuttle, Jeffrey)
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Filing 433
NOTICE of Appearance by Jeffrey D. Tuttle on behalf of RaPower-3 (Tuttle, Jeffrey)
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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)
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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)
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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)
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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)
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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)
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Case Stayed per #424 Notice of Filing of Bankruptcy (rks)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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Filing 419
PRESERVATION ORDER. Signed by Judge David Nuffer on 6/27/18 (alt)
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Filing 418
Motions No Longer Referred: #414 Second MOTION to Appoint Receiver and Freeze Defendants' Assets. (nas)
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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)
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Filing 416
Bench Trial Witness and Exhibit Lists. (asb)
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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)
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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)
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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)
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Filing 412
NOTICE OF FILING filed by Plaintiff USA. (Hines, Erin)
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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)
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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)
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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)
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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)
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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)
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Filing 407
MEMORANDUM DECISION AND ORDER denying #403 Motion to Continue Jury Trial. Signed by Judge David Nuffer on 6/18/18 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 375
Burden of Proof BRIEF re #369 Memorandum (NOT to motion), filed by Plaintiff USA. (Gallagher, Erin)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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Filing 367
PRETRIAL ORDER. Signed by Judge David Nuffer on 4/2/18 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 360
ORDER Ruling on Objections to Pretrial Deposition Designations. Signed by Judge David Nuffer on 3/30/18 (alt)
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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)
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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)
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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)
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Filing 356
NOTICE VACATING STATUS CONFERENCE HEARING set for Thursday, March 29, 2018 at 1:30 p.m. before Judge David Nuffer (asb)
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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)
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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)
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Filing 353
REPLY to Response to Motion re #343 MOTION Modify Trial Subpoena and Memorandum in Support filed by Movant Todd Anderson. (Martin, Byron)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 341
NOTICE of Appearance by Joshua D. Egan on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Egan, Joshua)
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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)
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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)
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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)
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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)
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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)
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Filing 335
Proposed Findings of Fact by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Paul, Steven)
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Filing 334
Proposed Findings of Fact by USA. (Gallagher, Erin)
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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)
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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)
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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)
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Filing 330
MOTION for Leave to File Sealed Document re #329 Objections, filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Moran, Christopher)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 322
MEMORANDUM DECISION AND ORDER denying #289 Motion to Reinstate Trial by Jury. Signed by Judge David Nuffer on 3/7/18 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 316
NOTICE OF FILING of Pretrial Disclosure re: Deposition Designations filed by Plaintiff USA. (Hines, Erin)
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Filing 315
Proposed Exhibit List by Plaintiff USA.. (Hines, Erin)
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Filing 314
Proposed Witness List by USA. (Hines, Erin)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 296
OBJECTIONS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
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Filing 295
OBJECTIONS filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Garriott, Daniel)
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Filing 294
Proposed Exhibit List Defendants' Pretrial Disclosures by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.. (Garriott, Daniel)
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Filing 293
ORDER granting #292 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Evelyn J. Furse on 2/20/2018. (blh)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Deadlines/Hearings terminated. Past-due deadlines terminated to make the hearing/deadlines report up-to-date. (asb)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 267
NOTICE of Death of Roger Freeborn by Roger Freeborn (Snuffer, Denver)
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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)
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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)
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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)
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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)
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Filing 262
MEMORANDUM in Opposition re #257 Defendant's MOTION to Dismiss filed by Plaintiff USA. (Gallagher, Erin)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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Filing 243
EXHIBIT 181 filed by USA re 234 Motion Hearing held on 10/23/2017 re #226 MOTION for Sanctions.(lnp)
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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)
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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)
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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)
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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)
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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)
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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)
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Modification of Docket re #209 Order on Sealed Motion. Correction: Document has been unsealed per #233 Order. (alt)
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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)
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Filing 235
ORDER GRANTING #226 Expedited Motion for Sanctions. Signed by Magistrate Judge Evelyn J. Furse on 10/25/2017. (nas)
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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)
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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)
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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)
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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)
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NOTICE of Unsealing Documents #137 Motion to Compel and #209 Order granting the Motion to Compel per #233 ORDER. (jds)
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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)
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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)
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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)
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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)
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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)
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Filing 225
DESIGNATION OF EXPERTS Richard Jameson and Certificate of Service of Expert Report filed by Defendants Roger Freeborn, R. Gregory Shepard.(Paul, Steven)
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Filing 224
NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of Roger Freeborn, R. Gregory Shepard (Snuffer, Denver)
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Filing 223
NOTICE of Appearance by Daniel B. Garriott on behalf of Roger Freeborn, R. Gregory Shepard (Garriott, Daniel)
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Filing 222
NOTICE of Appearance by Steven R. Paul on behalf of Roger Freeborn, R. Gregory Shepard (Paul, Steven)
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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)
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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)
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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)
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Filing 218
ORDER granting #210 Motion to Compel Production of Documents. Signed by Magistrate Judge Evelyn J. Furse on 9/12/17 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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Filing 208
REQUEST to Submit for Decision re #136 Notice of Conventional Filing filed by Plaintiff USA. (Moran, Christopher)
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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)
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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)
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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)
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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)
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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)
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Filing 202
MEMORANDUM DECISION AND ORDER denying #173 12(f) Motion to Strike. Signed by Judge David Nuffer on 6/27/17 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 174
Motions No Longer Referred: #173 Defendant's MOTION to Strike and Memorandum in Support under Rule 12(f) (jcw)
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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)
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Filing 172
ORDER granting #165 Motion for Extension of Time. Signed by Magistrate Judge Evelyn J. Furse on 5/23/17 (alt)
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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)
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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)
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Filing 169
NOTICE of Appearance by Steven R. Paul on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Paul, Steven)
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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)
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Filing 167
NOTICE of Appearance by Daniel B. Garriott on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Garriott, Daniel)
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Filing 166
NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Snuffer, Denver)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 158
ORDER denying #90 Motion to Bifurcate; denying #94 Motion to Bifurcate. Signed by Judge David Nuffer on 4/21/2017. (jds)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 125
NOTICE of Appearance by Stuart H. Schultz on behalf of Todd Anderson (Schultz, Stuart)
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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)
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Filing 123
NOTICE of Appearance by Byron G. Martin on behalf of Todd Anderson (Martin, Byron)
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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)
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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)
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Filing 120
CERTIFICATE OF SERVICE by R. Gregory Shepard Response to the USA's Second Request for Production of Documents (Reay, Donald)
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Filing 119
CERTIFICATE OF SERVICE by R. Gregory Shepard Supplemental Responses to US First Request for Production (Reay, Donald)
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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)
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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)
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Filing 116
PROTECTIVE ORDER. Signed by Magistrate Judge Brooke C. Wells on 11/29/16 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 108
STATUS REPORT by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Heideman, Justin)
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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).
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Filing 106
NOTICE OF FILING of United States' Proposed Protective Order filed by Plaintiff USA. (Gallagher, Erin)
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Filing 105
STATUS REPORT by USA. (Gallagher, Erin)
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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)
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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)
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Filing 102
STATUS REPORT Regarding Protective Order by USA. (Moran, Christopher)
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Filing 101
REPLY to Response to Motion re #94 MOTION to Bifurcate and Joinder filed by Defendants Roger Freeborn, R. Gregory Shepard. (Reay, Donald)
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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)
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Filing 99
ORDER granting #98 Stipulated Motion for Continued Discovery During Stay. Signed by Magistrate Judge Brooke C. Wells on 10/7/16 (alt)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 91
Motions No Longer Referred: #90 MOTION to Bifurcate and Memorandum in Support (jcw)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 82
RESPONSE to Motion re #70 MOTION to Quash Subpoena filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
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Filing 81
MEMORANDUM in Support re #65 MOTION to Quash Subpoenas filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
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Filing 80
NOTICE of Appearance by Justin D. Heideman on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Heideman, Justin)
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Filing 79
NOTICE of Appearance by Justin D. Heideman on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Heideman, Justin)
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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)
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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)
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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)
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Filing 75
NOTICE OF FILING filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 63
NOTICE OF FILING filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
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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)
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Filing 61
STIPULATION to Extend Time to Answer Requests for Discovery by International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 47
CERTIFICATE OF SERVICE by Roger Freeborn, R. Gregory Shepard Responses to Plaintiff's First Interrogatories to Defendants (Reay, Donald)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 38
NOTICE of Appearance by Richard A. Van Wagoner on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Van Wagoner, Richard)
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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)
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Filing 36
NOTICE of Appearance by Rodney R. Parker on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Parker, Rodney)
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Filing 35
REPORT OF ATTORNEY PLANNING MEETING. (Hines, Erin)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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Filing 29
NOTICE of Appearance by James S. Judd on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3 (Judd, James)
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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)
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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)
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Filing 26
ANSWER to Complaint filed by Roger Freeborn, R. Gregory Shepard.(Reay, Donald)
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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)
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Filing 24
DEMAND for Trial by Jury by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Alba, Samuel)
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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)
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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)
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Filing 21
NOTICE of Appearance by Donald S. Reay on behalf of R. Gregory Shepard (Reay, Donald)
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Filing 20
NOTICE of Appearance by Donald S. Reay on behalf of Roger Freeborn (Reay, Donald)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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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