Zibalstar et al v. Conte et al
Gary Brinton, Junction Market Springdale, Junction Market Fairview, Henrys Fork Heights, TMBRS Property Holdings, Redwood Holdings, Derbyshire Holdings, Junction Market Scipio, Junction Market Alpine, 1481 Dewey NY, Junction Market Island Park, Zibalstar, Brighton Place, Blue House Fillmore, Winchester Business Park, Seven Peaks Waterpark Provo, Junction Market Panguitch, White Stallion, Sunset Apartments Place, 17 East Main NY and McKinley Court Place |
Robert Garcia, Theodore Hansen, Zurich Holdings Limited Liability Company, Junction Market VII, Jeffrey Munoz, Mike Grande, Estrella P M, Eric Manriquez, 1433 S 107 E OK, Estrella Group, Paul Halladay, John Does Persons and Entities 1 through 400, David Odenath, Trophy Properties, STAR RE, Lorin Quayle, Robert Conte, WCMF Inc, Estrella PM, David Turner, Heathrow Holdings, Charles Hanna, Parker Enloe, Trophy Properties NV, Samuel Fairchild, Courtside Codominiums, Flintshire Holdings, Branden Hansen, Blue Fun Group, Low Cost Rentals, Ray Weller, Jacob Peterson, Estrella OK, Bank of the West, Lester Perry, Andrew Warwood and Paul Halliday, Jr. |
2:2017cv00563 |
June 12, 2017 |
US District Court for the District of Utah |
Central Office |
Salt Lake |
Evelyn J Furse |
Jill N Parrish |
Racketeer/Corrupt Organization |
18 U.S.C. § 1961 |
Plaintiff |
Docket Report
This docket was last retrieved on October 25, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 309 ORDER granting #308 Plaintiff ZibalStar, LC's Motion to Exonerate and Release the Appeal Bond. Signed by Magistrate Judge Evelyn J. Furse on 10/25/2019. (jds) |
Filing 308 Plaintiff's MOTION for Bond and Memorandum in Support to exonerate and release appeal bond Bond in the amount of $$101,,923.80 filed by Plaintiff Zibalstar. Motions referred to Evelyn J. Furse.(Lusty, Kirk) |
Filing 307 NOTICE of Appearance by Kirk C. Lusty on behalf of Zibalstar (Lusty, Kirk) |
Filing 306 MANDATE of USCA as to #283 Notice of Appeal and #287 Notice of Appeal filed by David Odenath According to the USCA Order these appeals are dismissed per the stipulation of the parties to voluntarily dismiss. (Attachments: #1 Mandate Letter)(jds) |
Filing 305 MANDATE of USCA as to #289 Notice of Appeal filed by Ray Weller, Lester Perry According to the USCA Order based on the stipulation of the parties to voluntarily dismiss the captioned appeal, this appeal is dismissed. (Attachments: #1 Mandate Letter)(jds) |
Filing 304 NOTICE of Satisfaction of Award of Attorney Fees and by Lester Perry, Ray Weller re #260 Order on Motion for Attorney Fees,,,, Memorandum Decision, Decision and Order Granting in Part and Denying in Part Motions for Attorney's Fees (Perry, Lester) |
Filing 303 ORDER granting #302 Motion to Withdraw as Attorney. Attorney Adam L. Hoyt withdrawn from case for Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. Signed by Magistrate Judge Evelyn J. Furse on 7/31/2019. (jds) |
Filing 302 MOTION to Withdraw as Attorney filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hoyt, Adam) |
Filing 301 ORDER of USCA 10th Circuit as to #283 Notice of Appeal and #287 Notice of Appeal. (jds) |
Filing 300 ORDER granting #298 and #299 Motions to Withdraw as Attorney. Attorney Scott Randall Hoyt and John P. Mertens withdrawn from case for Plaintiff TMBRS Property Holdings LLC. Signed by Magistrate Judge Evelyn J. Furse on 7/18/2019. Order mailed to address provided in order. (jds) |
Filing 299 MOTION to Withdraw as Attorney filed by Plaintiff TMBRS Property Holdings. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hoyt, Scott) |
Filing 298 MOTION to Withdraw as Attorney filed by Plaintiff TMBRS Property Holdings. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Mertens, John) |
Filing 297 Please be advised the Record is complete for purposes of appeal for USCA case number 19-4079 re #289 Notice of Appeal. (jds) |
Filing 296 TRANSCRIPT REQUEST Order Form by Ray Weller. (Perry, Lester) |
Filing 295 Please be advised the Record is complete for purposes of appeal for USCA case number 19-4078 re #287 Notice of Appeal. (jds) |
Filing 294 Please be advised the Record is complete for purposes of appeal for USCA case number 19-4069 re #283 Notice of Appeal. (jds) |
Filing 293 TRANSCRIPT REQUEST FORM filed by David Odenath re #287 Notice of Appeal (Greene, Jason) |
Filing 292 USCA Case Number Case Appealed to Tenth Case Number 19-4079 for #289 Notice of Appeal filed by Ray Weller, Lester Perry. (jmr) |
Filing 291 USCA Case Number Case Appealed to Tenth Case Number 19-4078 for #287 Notice of Appeal filed by David Odenath. (jmr) |
Filing 290 Transmission of Preliminary Record to USCA re #289 Notice of Appeal. (Attachments: #1 Appendix)(mas) |
Filing 289 NOTICE OF APPEAL as to #260 Order on Motion for Attorney Fees,,,, Memorandum Decision, filed by Lester Perry, Ray Weller. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3284354. (Perry, Lester) |
Filing 288 Transmission of Preliminary Record to USCA re #287 Notice of Appeal. (Attachments: #1 Appendix)(jds) |
Filing 287 NOTICE OF APPEAL as to #260 Order on Motion for Attorney Fees,,,, Memorandum Decision, filed by David Odenath. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3284082. (Greene, Jason) |
Filing 286 TRANSCRIPT REQUEST Re: Appeal - Transcript Already on File by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 285 USCA Case Number Case Appealed to Tenth Case Number 19-4069 for #283 Notice of Appeal, filed by 1481 Dewey NY, 17 East Main NY, Winchester Business Park, Seven Peaks Waterpark Provo, Sunset Apartments Place, Gary Brinton, Junction Market Panguitch, Blue House Fillmore, White Stallion, Redwood Holdings, McKinley Court Place, Zibalstar, Henrys Fork Heights, Junction Market Island Park, Derbyshire Holdings, Brighton Place, Junction Market Scipio, Junction Market Springdale, Junction Market Alpine, Junction Market Fairview. (jmr) |
Filing 284 Transmission of Preliminary Record to USCA re #283 Notice of Appeal. (Attachments: #1 Appendix)(jds) |
Filing 283 NOTICE OF APPEAL as to #260 Order on Motion for Attorney Fees,,,, Memorandum Decision, #281 Order on Motion for Miscellaneous Relief, Memorandum Decision filed by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, White Stallion, Winchester Business Park, Zibalstar. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3272717. (Mertens, John) |
Filing 282 Appeal BOND in the amount of $ 101,023.80, receipt number 99098, posted by Zibalstar. (jds) |
Filing 281 MEMORANDUM DECISION AND ORDER denying #263 Motion for Reconsideration. Signed by Judge Jill N. Parrish on 4/10/2019. (jds) |
Filing 280 DOCKET TEXT ORDER DENYING #261 Application for Writ of Execution in light of the #276 Order Granting Plaintiffs' Motion to Stay Order Granting Attorney's Fees and #279 Plaintiffs' Notice of Posting Appeal Bond. Signed by Magistrate Judge Evelyn J. Furse on 4/10/2019. No attached document. (nas) |
Filing 279 NOTICE of Posting Appeal Bond by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Attachments: #1 Exhibit Appeal Bond) (Mertens, John) |
Filing 278 ORDER granting #277 Motion to Extend Time to Submit Bond: Plaintiffs' time to submit a bond as set forth in this Court's Order Granting Plaintiffs' Motion to Stay Order Granting Attorney's Fees #276 is extended from 4/5/2019 to 4/12/2019. The stay granted in that Order will not dissolve unless the Plaintiffs fail to post a bond by April 12, 2019. Signed by Magistrate Judge Evelyn J. Furse on 4/5/19. (dla) |
Filing 277 MOTION for Extension of Time to Submit Bond filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Attachments: #1 Text of Proposed Order, #2 Affidavit Supporting Motion, #3 Exhibit A - Copy of Bond) Motions referred to Evelyn J. Furse.(Mertens, John) |
Filing 276 ORDER granting #265 Plaintiffs' Motion to Stay Order Granting Attorney's Fees. The courts order granting attorneys fees is stayed immediately, but the stay will be automatically dissolved if plaintiffs do not post supersedeas bonds in the amounts listed above within 10 days of the date of this order. The stay will remain in effectprovided the bond (or a replacement bond approved by the court) remains in effectuntil the time to appeal the courts attorneys fees order has run or the appeals process has concluded. Signed by Judge Jill N. Parrish on 3/26/2019. (jds) |
Filing 275 REPLY to Response to Motion re #263 Plaintiff's MOTION to Reconsider Order Granting Attorney's Fees to Defendants Odenath and Weller and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 274 Defendant's MEMORANDUM in Opposition re #263 Plaintiff's MOTION to Reconsider Order Granting Attorney's Fees to Defendants Odenath and Weller and Memorandum in Support filed by Defendant Ray Weller. (Stephenson, Eric) |
Filing 273 Plaintiff's REPLY to Response to Motion re #265 Plaintiff's MOTION to Stay Order Granting Attorney's Fees to Defendants Odenath and Weller filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 272 RESPONSE to Motion re #265 Plaintiff's MOTION to Stay Order Granting Attorney's Fees to Defendants Odenath and Weller filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 271 MEMORANDUM in Opposition re #263 Plaintiff's MOTION to Reconsider Order Granting Attorney's Fees to Defendants Odenath and Weller and Memorandum in Support filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 270 REQUEST to Submit for Decision re #266 Memorandum in Opposition to Motion,, #261 MOTION for Writ Execution and Memorandum in Support, #269 Reply Memorandum/Reply to Response to Motion filed by Defendant Ray Weller. (Stephenson, Eric) |
Filing 269 Defendant's REPLY to Response to Motion re #261 MOTION for Writ Execution and Memorandum in Support filed by Defendant Ray Weller. (Stephenson, Eric) |
Filing 268 Defendant's MEMORANDUM in Opposition re #265 Plaintiff's MOTION to Stay Order Granting Attorney's Fees to Defendants Odenath and Weller filed by Defendant Ray Weller. (Stephenson, Eric) |
Filing 267 Motions No Longer Referred: #265 Plaintiff's MOTION to Stay Order Granting Attorney's Fees to Defendants Odenath and Weller (jph) |
Filing 266 Plaintiff's MEMORANDUM in Opposition re #261 MOTION for Writ Execution and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 265 Plaintiff's MOTION to Stay Order Granting Attorney's Fees to Defendants Odenath and Weller filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. Motions referred to Evelyn J. Furse.(Hoyt, Scott) |
Filing 264 Motions No Longer Referred: #263 Plaintiff's MOTION to Reconsider Order Granting Attorney's Fees to Defendants Odenath and Weller and Memorandum in Support (jph) |
Filing 263 Plaintiff's MOTION to Reconsider #260 Order Granting Attorney's Fees to Defendants Odenath and Weller and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. Motions referred to Evelyn J. Furse.(Hoyt, Scott) Modified docket entry relationship on 2/20/2019 (jds). |
Filing 262 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Judge Jill N. Parrish on 2/11/19. (ss) |
Filing 261 MOTION for Writ of Execution and Memorandum in Support filed by Defendant Lester Perry. (Attachments: #1 Exhibit A, #2 Exhibit B - Request for Hearing, #3 Exhibit C - Proposed Writ of Execution)(jds) |
Filing 260 MEMORANDUM DECISION AND ORDER granting in part and denying in part #233 Motion for Attorney Fees AND #235 Motion for Attorney Fees. (1) Mr. Weller is entitled to $55,737 in attorneys fees and $180.40 in costs. In all other respects, Mr. Wellers motion is denied. (2) Mr. Odenath is entitled to $42,726.75 in attorneys fees and $1,539.44 in costs. In all other respects, Mr. Odenaths motion is denied. Signed by Judge Jill N. Parrish on 1/22/2019. (jds) |
Filing 259 WITHDRAWAL OF MOTION by Defendants Jacob Peterson, Andrew Warwood re #236 MOTION for Attorney Fees and Memorandum in Support filed by Jacob Peterson, Bank of the West, Andrew Warwood . (Sabin, Cameron) |
Filing 258 WITHDRAWAL OF MOTION by Defendants Robert Conte, Courtside Codominiums, WCMF Inc re #231 MOTION for Attorney Fees and Memorandum in Support filed by Robert Conte, Parker Enloe, Courtside Codominiums, #234 Amended MOTION for Attorney Fees and Memorandum in Support filed by Robert Conte, Parker Enloe, Courtside Codominiums . (Merriman, Ryan) |
Filing 257 ORDER denying #254 Motion to Consolidate Cases. Signed by Judge Jill N. Parrish on 6/25/2018. (prb) |
Filing 256 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Stephen Q. Wood.Attorney Stephen Q. Wood will no longer receive notice from the court in this case including final judgment. (Wood, Stephen) |
Filing 255 NOTICE OF WITHDRAWAL OF COUNSEL of Stephen Q. Wood filed by Stephen Q. Wood on behalf of Blue Fun Group, Estrella Group, Estrella OK, Estrella PM, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company (Wood, Stephen) |
Filing 254 MOTION to Consolidate Cases and Memorandum in Support (or, in the Alternative, to Transfer Case) filed by Defendant David Odenath. (Attachments: #1 Exhibit A - Complaint before Judge Jenkins, #2 Exhibit B - Text of Proposed Order)(Sneddon, Heather) |
Filing 253 REQUEST to Submit for Decision re #235 MOTION for Attorney Fees and Memorandum in Support filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 252 REQUEST to Submit for Decision re #236 MOTION for Attorney Fees and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Sabin, Cameron) |
Filing 251 REPLY to Response to Motion re #235 MOTION for Attorney Fees and Memorandum in Support filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 250 Defendant's REPLY to Response to Motion re #236 MOTION for Attorney Fees and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Attachments: #1 Exhibit A - Complaint re 18cv00418)(Sabin, Cameron) |
Filing 249 REQUEST to Submit for Decision re #240 Memorandum in Opposition to Motion,, #248 Reply Memorandum/Reply to Response to Motion, #233 Defendant's MOTION for Attorney Fees and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Stephenson, Eric) |
Filing 248 Defendant's REPLY to Response to Motion re #233 Defendant's MOTION for Attorney Fees and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit D-1, #2 Exhibit D-2)(Stephenson, Eric) |
Filing 247 REQUEST to Submit for Decision re #234 Amended MOTION for Attorney Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, WCMF Inc. (Merriman, Ryan) |
Filing 246 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Douglas C. Smith.Attorney Douglas C. Smith will no longer receive notice from the court in this case including final judgment. (Smith, Douglas) |
Filing 245 NOTICE OF WITHDRAWAL OF COUNSEL of Douglas C. Smith filed by Douglas C. Smith on behalf of Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company (Smith, Douglas) |
Filing 244 REPLY to Response to Motion re #234 Amended MOTION for Attorney Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, WCMF Inc. (Merriman, Ryan) |
Filing 243 Plaintiff's MEMORANDUM in Opposition re #236 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 242 Plaintiff's MEMORANDUM in Opposition re #234 Amended MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 241 Plaintiff's MEMORANDUM in Opposition re #235 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 240 Plaintiff's MEMORANDUM in Opposition re #233 Defendant's MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Hoyt, Scott) |
Filing 239 ORDER granting #238 Motion for Extension of Time to File Response/Reply re #234 Amended MOTION for Attorney Fees and Memorandum in Support , #233 Defendant's MOTION for Attorney Fees and Memorandum in Support. Responses due by 5/21/2018 Signed by Judge Jill N. Parrish on 5/14/2018. (jwt) |
Filing 238 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiff Zibalstar. (Attachments: #1 Text of Proposed Order)(Mertens, John) |
Filing 237 AFFIDAVIT/DECLARATION of Cameron L Sabin in Support re #236 MOTION for Attorney Fees and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Attachments: #1 Exhibit A)(Sabin, Cameron) |
Filing 236 WITHDRAWN per #259 - MOTION for Attorney Fees and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Sabin, Cameron) Modified on 1/7/2019 (jds). |
Filing 235 MOTION for Attorney Fees and Memorandum in Support filed by Defendant David Odenath. (Attachments: #1 Exhibit 1 - Pagel Fee Affidavit, #2 Exhibit 2 - Declaration of Heather M. Sneddon)(Sneddon, Heather) |
Filing 234 Amended MOTION for Attorney Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, Parker Enloe. (Attachments: #1 Exhibit 1 - Declaration of Robert Conte in Support of Motion for Attorney Fees, #2 Exhibit 2 - Courtside Property Lease, #3 Exhibit 3 - Seven Peaks Property Lease, #4 Exhibit 4 - Manzana Grove Master Lease, #5 Exhibit 5 - Highland Oaks Master Lease, #6 Exhibit 6 - Master Funding Agreement, #7 Exhibit 7 - Conte Defendants' Declaration of Attorneys' Fees and Costs, #8 Supplement Bill of Costs)(Reutzel, Jeremy) |
Filing 233 Defendant's MOTION for Attorney Fees and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit Declaration of Lester Perry, #2 Text of Proposed Order)(Stephenson, Eric) |
Filing 232 DOCKET TEXT ORDER granting #230 Motion for Extension of Time.Signed by Judge Jill N. Parrish on 4/30/2018. No attached document. (prb) |
Filing 231 MOTION for Attorney Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, Parker Enloe. (Attachments: #1 Exhibit 1 - Declaration of Robert Conte, #2 Exhibit 2 - Property Lease, #3 Exhibit 3 - Property Lease, #4 Exhibit 4 - Property Lease, #5 Exhibit 5 - Property Lease, #6 Exhibit 6 - Master Funding Agreement, #7 Exhibit 7 - Declaration of Jeremy C. Reutzel, #8 Exhibit Bill of Costs) Attorney Jeremy C. Reutzel added to party Courtside Codominiums(pty:dft)(Reutzel, Jeremy) |
Filing 230 MOTION for Extension of Time to File Request for Attorneys Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, Parker Enloe. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Motion for Extension of Time)(Merriman, Ryan) |
Filing 229 ORDER granting #228 Motion for Extension of Time. Defendant Odenath has up to and including May 7, 2018, to file a bill of costs and request for attorneys fees in the above-referenced matter. Signed by Judge Jill N. Parrish on 4/27/2018. (jwt) |
Filing 228 Stipulated MOTION for Extension of Time filed by Defendant David Odenath. (Attachments: #1 Exhibit)(Greene, Jason) |
Filing 227 ORDER granting #226 Stipulated Motion for Extension of Time. The Bank Defendants shall have until May 7, 2018 at 5:00 p.m. to file their motion for attorneys fees and the materials required to be filed to seek recovery of their costs pursuant to Federal Rule of Civil Procedure 54(d) and DUCivR54-2. Signed by Judge Jill N. Parrish on 4/26/2018. (jds) |
Filing 226 Stipulated MOTION for Extension of Time re Attorneys' Fees filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Attachments: #1 Text of Proposed Order)(Sabin, Cameron) |
Filing 225 DOCKET TEXT ORDER granting #222 Motion for Extension of Time; granting #223 Motion for Extension of Time; granting #224 Motion for Extension of Time. These parties shall also have until April 30, 2018 at 5:00 p.m. to file bills of costs and requests for attorneys' fees. Signed by Judge Jill N. Parrish on 4/9/2018. No attached document. (prb) |
Filing 224 MOTION for Extension of Time to File Bill of Costs and Request for Attorneys' Fees filed by Defendant David Odenath. (Attachments: #1 Text of Proposed Order)(Sneddon, Heather) |
Filing 223 MOTION for Extension of Time to File Request for Attorneys Fees and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, Parker Enloe, WCMF Inc. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Motion for Extension of Time) Attorney Ryan M. Merriman added to party Parker Enloe(pty:dft)(Merriman, Ryan) |
Filing 222 MOTION for Extension of Time to file motion requesting attorneys' fees and costs filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Text of Proposed Order)(Smith, Douglas) |
Filing 221 DOCKET TEXT ORDER granting #220 Motion for Extension of Time. Defendants Bank of the West, Jacob Peterson, and Andrew Warwood shall have until April 30, 2018 at 5:00 p.m. to file their motion. Signed by Judge Jill N. Parrish on 4/5/2018. No attached document. (prb) |
Filing 220 MOTION for Extension of Time re Attorneys' Fees and Costs filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Attachments: #1 Text of Proposed Order)(Sabin, Cameron) |
Filing 219 ORDER granting #218 Motion for Extension of Time. Messrs. Perry and Weller shall have until 5:00 p.m. on April 30, 2018 to file a motion for costs and fees. Signed by Judge Jill N. Parrish on 4/4/2018. (prb) |
Filing 218 Defendant's MOTION for Extension of Time to File a Motion for Attorney's Fees and Costs and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Text of Proposed Order)(Stephenson, Eric) |
Filing 217 NOTICE of Appearance by Eric Stephenson on behalf of Lester Perry, Ray Weller (Stephenson, Eric) |
Filing 216 JUDGMENT - On March 27, 2018, the court dismissed this action in its entirety for lack of subject-matter jurisdiction. Case Closed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Jill N. Parrish on 4/2/2018. (jds) |
Filing 215 MEMORANDUM DECISION AND ORDER: granting in part #95 Motion to Dismiss for Failure to State a Claim, #95 Motion to Dismiss for Lack of Jurisdiction, #96 Motion to Dismiss, #101 Motion to Dismiss, #103 Motion to Dismiss for Failure to State a Claim, #103 Motion to Dismiss for Lack of Jurisdiction, #118 Motion to Dismiss, #120 Motion to Dismiss for Failure to State a Claim, #122 Motion to Dismiss for Failure to State a Claim, #122 Motion to Dismiss for Lack of Jurisdiction and #140 Motion to Dismiss for Failure to State a Claim. The plaintiffs have failed to state a claim under RICO, so the plaintiffs two RICO claims are DISMISSED WITHOUT PREJUDICE. Consequently, the remaining claims are also DISMISSED WITHOUT PREJUDICE, and all outstanding motions are DENIED AS MOOT. The clerk of the court is directed to close the case. Signed by Judge Jill N. Parrish on 3/27/2018. (jds) |
Filing 214 REPLY to Response to Motion re #207 MOTION for Order to Show Cause re: Enforcement of Partial Settlement Agreement filed by Plaintiffs Gary Brinton, Junction Market Alpine, Junction Market Fairview, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, Zibalstar. (Attachments: #1 Exhibit A - Declaration of Gary Brinton, #2 Exhibit A - Att. 1 - Guilty Plea, #3 Exhibit A - Att. 2 - Conte Declaration, #4 Exhibit A - Att. 3 - Petition.Motion.Deed, #5 Exhibit A - Att. 4 - OK Dept. of Security Action, #6 Exhibit A - Att. 5 - Stipulation re Turner, #7 Exhibit A - Att. 6 - Loveland Complaint.Judgment.Order, #8 Exhibit A - Att. 7 - Water Park Loan Documents, #9 Exhibit B - Notice of Default)(Hoyt, Scott) |
Filing 213 NOTICE of Ruling in Other Court by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Attachments: #1 Exhibit A - Order Staying Case) (Mertens, John) |
Filing 212 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jds) |
Filing 211 RESPONSE to Motion re #207 MOTION for Order to Show Cause re: Enforcement of Partial Settlement Agreement filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Exhibit A - Partial Settlement Agreement, #2 Exhibit B - Declaration of Theodore L. Hansen, #3 Exhibit C - Proposed Stipulated Motion, #4 Errata D - Proposed Permanent Injunction)(Smith, Douglas) |
Filing 210 NOTICE of Appearance by Douglas C. Smith on behalf of Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company (Smith, Douglas) |
Filing 209 Motions No Longer Referred: #208 Ex Parte (Not Sealed) MOTION to Expedite Hearing on Motion for Order to Show Cause re: Enforcement of Partial Settlement Agreement and Shortened Briefing , #207 MOTION for Order to Show Cause re: Enforcement of Partial Settlement Agreement, #168 MOTION to set a Pretrial Conference with the Court Pursuant to Rule 16 and Memorandum in Support . Judge Parrish will handle the motions. (prb) |
Filing 208 Ex Parte (Not Sealed) MOTION to Expedite Hearing on Motion for Order to Show Cause re: Enforcement of Partial Settlement Agreement and Shortened Briefing filed by Plaintiffs Junction Market Alpine, Junction Market Fairview, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, Zibalstar. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hoyt, Scott) |
Filing 207 MOTION for Order to Show Cause re: Enforcement of Partial Settlement Agreement filed by Plaintiffs Junction Market Alpine, Junction Market Fairview, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, Zibalstar. (Attachments: #1 Exhibit A - Declaration of Gary Brinton) Motions referred to Evelyn J. Furse.(Hoyt, Scott) |
Filing 206 REPLY BRIEF re #198 Notice of Settlement,, with Defendant Robert Conte filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Brighton Place, Gary Brinton, Derbyshire Holdings, Junction Market Alpine, Junction Market Scipio, Junction Market Springdale, Seven Peaks Waterpark Provo, Zibalstar. (Attachments: #1 Exhibit A - Declaration of Gary Brinton)(Hoyt, Scott) |
Filing 205 NOTICE of Withdrawal of Motion to Enforce Settlement Agreement Against Lester Perry and Ted Hansen by Gary Brinton, McKinley Court Place re #203 MOTION to Enforce Settlement Agreement Against Lester Perry and Ted Hansen (Hoyt, Scott) |
Filing 204 Motions No Longer Referred: #203 MOTION to Enforce Settlement Agreement. Judge Parrish will handle. (prb) |
Filing 203 WITHDRAWN per #205 - MOTION to Enforce Settlement Agreement Against Lester Perry and Ted Hansen filed by Plaintiffs Gary Brinton, McKinley Court Place. (Attachments: #1 Affidavit of Gary Brinton in Support of Motion to Enforce Settlement) Motions referred to Evelyn J. Furse.(Mertens, John) Modified on 2/16/2018 (jds). |
Filing 202 RESPONSE re #198 Notice of Settlement,,, filed by Robert Conte, Courtside Codominiums, WCMF Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Harman, Brigman) |
Filing 201 NOTICE of Appearance by Brigman L. Harman on behalf of Robert Conte, Courtside Codominiums, WCMF Inc (Harman, Brigman) |
Filing 200 NOTICE of Appearance by Scott Randall Hoyt on behalf of 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Hoyt, Scott) |
Filing 199 NOTICE OF WITHDRAWAL OF COUNSEL of Kirk C. Lusty filed by Kirk C. Lusty on behalf of Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights (Lusty, Kirk) |
DOCKET TEXT ORDER. Earlier today, the court received Plaintiffs' Notice of Settlement with Defendant Robert Conte #198 . In that filing, Plaintiffs ask the court to stay further action/deadlines between Gary Brinton and Robert Conte and their respective entities. The court orders that Mr. Conte and his entities respond to this order within 10 days and indicate to the court whether they agree that those actions/deadlines between Messrs. Brinton, Conte, and their entities be stayed. No attached document. Signed by Judge Jill N. Parrish on 1/29/2018. (prb) |
Filing 198 NOTICE of Settlement with Defendant Robert Conte by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Attachments: #1 Appendix A - APP. 1-161, #2 Affidavit of Gary Brinton) (Mertens, John) |
Filing 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Failure to State a Claim held on January 4, 2018 before Judge JILL N. PARRISH. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. 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 2/8/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/18/2018. (jds) Modified by removing restricted text on 4/18/2018 (rgj). |
Filing 194 Motions No Longer Referred: #168 MOTION to set a Pretrial Conference with the Court Pursuant to Rule 16 and Memorandum in Support. District Judge to handle the motion. (lnp) |
Filing 195 Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 1/4/2018 re #95 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction. After hearing arguments from counsel,Court took the motion under advisement. Court will review remaining motions and determine if oral argument is needed. Attorney for Plaintiff: Scott Hoyt, Kirk Lusty, Attorney for Defendant: Ken Black, Jason Greene, Jeremy Reutzel, Mary Anne Wood, Charles Hanna. Court Reporter: Patti Walker.(ss) |
Filing 193 REQUEST to Submit for Decision re #140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 192 NOTICE of SUPPLEMENTAL AUTHORITY by Zibalstar re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Lusty, Kirk) |
Filing 191 DOCKET TEXT ORDER Plaintiffs' #186 Motion to Continue is DENIED. Signed by Judge Jill N. Parrish on 1/2/2018. No attached document. (prb) |
Filing 190 NOTICE OF WITHDRAWAL OF COUNSEL of Dustin N. Slade filed by Dustin N. Slade on behalf of 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Slade, Dustin) |
Filing 189 REQUEST to Submit for Decision re #186 Plaintiff's MOTION to Continue Hearing on Hansen Defendants Motion to Dismiss and Memorandum in Support filed by Plaintiff Zibalstar. (Lusty, Kirk) |
Filing 188 MEMORANDUM in Opposition re #186 Plaintiff's MOTION to Continue Hearing on Hansen Defendants Motion to Dismiss and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Perry, Lester) |
Filing 187 MEMORANDUM in Opposition re #186 Plaintiff's MOTION to Continue Hearing on Hansen Defendants Motion to Dismiss and Memorandum in Support filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Wood, Mary Anne) |
Filing 186 Plaintiff's MOTION to Continue Hearing on Hansen Defendants Motion to Dismiss and Memorandum in Support filed by Plaintiff Zibalstar. (Attachments: #1 Affidavit Declaration of Stephen G. Stoker) Motions referred to Evelyn J. Furse.(Lusty, Kirk) |
Filing 185 NOTICE of Settlement -Partial Settlement- by Lester Perry, Ray Weller (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D") (Perry, Lester) |
Filing 184 Plaintiff's MEMORANDUM in Opposition re #168 MOTION to set a Pretrial Conference with the Court Pursuant to Rule 16 and Memorandum in Support filed by Plaintiff Gary Brinton. (Mertens, John) |
Filing 183 Defendant's REPLY to Response to Motion re #140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 182 NOTICE OF HEARING ON MOTION re: #95 Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction : (Notice generated by ss) Motion Hearing set for 1/4/2018 at 10:30 AM in Rm 8.200 before Judge Jill N. Parrish. If counsel have a conflict with date or time, please contact chambers. (ss) |
Filing 181 WITHDRAWAL OF MOTION re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support filed by 1481 Dewey NY, 17 East Main NY, Winchester Business Park, Seven Peaks Waterpark Provo, Sunset Apartments Place, Gary Brinton, Junction Market Panguitch, Blue House Fillmore, White Stallion, Redwood Holdings, McKinley Court Place, Zibalstar, TMBRS Property Holdings, Henrys Fork Heights, Junction Market Island Park, Derbyshire Holdings, Brighton Place, Junction Market Scipio, Junction Market Springdale, Junction Market Alpine, Junction Market Fairview. See docket number #180 Plaintiffs filed a notice of withdrawal of #108 . (ss) |
Filing 180 NOTICE OF FILING of Notice of Withdrawal of Motion for Preliminary Injunction re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Gary Brinton. (Lusty, Kirk) |
Filing 179 STIPULATION re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support stipulation to strike PI Hearing by Gary Brinton. (Lusty, Kirk) |
NOTICE VACATING PRELIMINARY INJUNCTION HEARING set for 12/7-8/17 at 1:30pm on the 7th and 9:00am on the 8th before Judge Jill N. Parrish (Notice generated by ss)Parties have settled as to this motion and the motion has been withdrawn. (ss) |
Filing 178 REQUEST for Oral Argument re #101 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Gary Brinton. (Mertens, John) |
Filing 177 REQUEST for Oral Argument re #120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Gary Brinton. (Mertens, John) |
Filing 176 Proposed Findings of Fact by Gary Brinton. (Lusty, Kirk) |
Filing 175 Stipulated RESPONSE re #162 Order Setting Hearing on Motion,, Set Deadlines,,Stipulated Hearing Schedule filed by Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Wood, Mary Anne) |
Filing 174 REPLY to Response to Motion re #120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Sabin, Cameron) |
Filing 173 DOCKET TEXT ORDER. Earlier today, the Court received a "Stipulated Hearing Schedule" submitted and signed by Defendants (ECF No. 172). However, the schedule submitted was not actually stipulated to by Plaintiffs. The Court orders that counsel for the parties shall confer via telephone and submit an actual stipulated schedule no later than 10:00 a.m. on December 5, 2017. No attached document. Signed by Judge Jill N. Parrish on 12/4/2017. (prb) |
Filing 172 Stipulated RESPONSE re #162 Order Setting Hearing on Motion,, Set Deadlines,, filed by Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Wood, Mary Anne) |
Filing 171 MEMORANDUM in Opposition re #140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction filed by Plaintiff Gary Brinton. (Mertens, John) |
Filing 170 NOTICE of Appearance by Kirk C. Lusty on behalf of Gary Brinton (Lusty, Kirk) |
Filing 169 DOCKET TEXT ORDER. On October 26, the Court entered a Docket Text Order requiring the parties to notify the Court whether they believed that the Court should hold an evidentiary hearing on Plaintiffs' motion for preliminary injunction. After reviewing the parties' responses, the filed memoranda, and the record, the Court determined that an evidentiary hearing would assist the Court in ruling on the motion for preliminary injunction. Consequently, the Court scheduled an evidentiary hearing. Earlier today, Defendants Weller and Perry informed the Court that they wished to withdraw their position that the Court should hold the evidentiary hearing. However, the Court's determination that such a hearing would assist it in deciding the motion for preliminary injunction remains unchanged. The hearing will be held as scheduled. No attached document. Signed by Judge Jill N. Parrish on 12/1/2017. (prb) |
Filing 168 MOTION to set a Pretrial Conference with the Court Pursuant to Rule 16 and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit "A", #2 Exhibit "B") Motions referred to Evelyn J. Furse.(Perry, Lester) |
Filing 167 RESPONSE re 156 Order,,,Defendants, Raymond Weller and Lester Perry, withdraw their Position that the Court should hold an Evidentiary Hearing regarding the Plaintiffs' Motion for a Preliminary Injunction filed by Lester Perry, Ray Weller. (Perry, Lester) |
Filing 166 AMENDED NOTICE OF HEARING ON MOTION re: #108 Amended Motion for Preliminary Injunction : (Notice generated by ss) Motion Hearing set for 12/7/2017 will begin at 01:30pm until 5:00pm and will continue if necessary on 12/8/2017 at 09:00 AM in Rm 8.200 before Judge Jill N. Parrish. Hearing schedule has been adjusted due to a conflict on the court's calendar. Please adjust your stipulated hearing schedule, that is due 12/4/17 by 5:00pm accordingly. (ss) |
Filing 165 DOCKET TEXT ORDER granting #164 Motion for Extension of Time to File Response/Reply re #140 Motion to Dismiss. Plaintiffs' response is due by 12/1/2017 at 5:00 p.m. Signed by Judge Jill N. Parrish on 11/13/2017. No attached document. (prb) |
Filing 164 MOTION for Extension of Time to File Response/Reply as to #140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction and Memorandum in Support filed by Plaintiff Gary Brinton. (Attachments: #1 Affidavit Affidavit of John Mertens in Support of Motion to Extend Deadline) Motions referred to Evelyn J. Furse.(Mertens, John) |
Filing 163 REQUEST to Submit for Decision re #140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 162 ORDER Setting Hearing on #108 Plaintiffs' Motion for Preliminary Injunction: That hearing shall be held on 12/7/2017 and 12/8/2017. The parties are ORDERED to submit a stipulated hearing schedule no later than 12/4/2017 at 5:00 P.M. Signed by Judge Jill N. Parrish on 11/6/17. (dla) |
Filing 161 Plaintiff's MEMORANDUM in Support of Evidentiary Hearing re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale. (Mertens, John) Modified by editing docket text per request of attorney John Mertens office on 11/3/2017 (dla). |
Filing 160 RESPONSE re 156 Order,,, filed by Lester Perry, Ray Weller. (Perry, Lester) |
Filing 159 DOCKET TEXT ORDER granting #135 Motion for Joinder. Signed by Judge Jill N. Parrish on 10/31/2017. No attached document. (prb) |
Filing 158 RESPONSE re 156 Order,,, filed by Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Samuel Fairchild, Flintshire Holdings, Robert Garcia, Mike Grande, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. Attorney Mary Anne Q. Wood added to party Samuel Fairchild(pty:dft)(Wood, Mary Anne) |
Filing 157 Plaintiff's MEMORANDUM in Opposition re #120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support in Opposition to Bank of the West's Motion to Dismiss filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 156 DOCKET TEXT ORDER. The Court has reviewed Plaintiffs' Renewed, Amended, and Simplified Motion for Preliminary Injunction (ECF No. 108) and the relevant responses and reply. The Court hereby ORDERS the parties to notify the Court whether they believe the Court should resolve the motion on the evidence submitted or whether disputed facts warrant an evidentiary hearing. The parties' responses to this order shall be due by Thursday, November 2, 2017 at 5:00 p.m. Memoranda shall be limited to five pages. No attached document. Signed by Judge Jill N. Parrish on 10/26/2017. (prb) |
Filing 155 REQUEST to Submit for Decision re #96 MOTION to Dismiss and Memorandum in Support on Behalf of Defendants Lester Perry and Raymond Weller filed by Defendants Lester Perry, Ray Weller. (Perry, Lester) |
Filing 154 REQUEST for Oral Argument re #122 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 153 REQUEST to Submit for Decision re #122 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mike Grande. (Wood, Stephen) |
Filing 152 REPLY to Response to Motion re #122 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mike Grande. (Wood, Stephen) |
Filing 151 REPLY to Response to Motion re #96 MOTION to Dismiss and Memorandum in Support on Behalf of Defendants Lester Perry and Raymond Weller filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit "A"-Brinton Idaho Answer, #2 Exhibit "B"-Email, #3 Exhibit "C"-Texts & pictures, #4 Exhibit "D"-Brinton Oklahoma Answer, #5 Exhibit "E"-Agreement, #6 Exhibit "F"-Note, #7 Exhibit "G"-Settlement Statement, #8 Exhibit "H"-Emails, #9 Exhibit "I"-Emails, #10 Exhibit Declaration of Lester A. Perry, #11 Exhibit Declaration of Ted Hansen)(Perry, Lester) |
Filing 150 REQUEST to Submit for Decision re #136 Memorandum in Opposition to Motion, #148 Reply Memorandum/Reply to Response to Motion, #118 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Defendants Robert Conte, Courtside Codominiums, WCMF Inc. (Merriman, Ryan) |
Filing 149 REQUEST to Submit for Decision re #141 Reply Memorandum/Reply to Response to Motion, #108 Amended MOTION for Preliminary Injunction and Memorandum in Support , #144 Request to Submit for Decision, #111 Memorandum in Opposition to Motion, #131 Memorandum in Opposition to Motion,,, Oral Argument Requested filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 148 REPLY to Response to Motion re #118 MOTION to Dismiss and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, WCMF Inc. (Attachments: #1 Exhibit 1 (Second Amend. Compl., Wells Fargo), #2 Exhibit 2 (Order on Motion to Dismiss), #3 Exhibit 3 (Order Dismissing RICO claims), #4 Exhibit 4 (Seven Peaks RICO Compl.), #5 Exhibit 5 (Notice of Voluntary Dismissal))(Merriman, Ryan) |
Filing 147 Plaintiff's MEMORANDUM in Opposition re #122 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 146 DOCKET TEXT ORDER granting #145 Stipulated Motion for Extension of Time to File Response/Reply re #120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due on 10/30/2017 and Reply due on 12/4/2017. Signed by Judge Jill N. Parrish on 10/17/17. No attached document. (prb) |
Filing 145 Stipulated MOTION for Extension of Time to File Response/Reply as to #120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiff Zibalstar. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Mertens, John) |
Filing 144 REQUEST to Submit for Decision re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support (Oral Argument Requested) filed by Defendants Lester Perry, Ray Weller. (Perry, Lester) |
Filing 143 REQUEST to Submit for Decision re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Flintshire Holdings, Robert Garcia, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Asbury, Jared) |
Filing 142 REQUEST to Submit for Decision re #103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Samuel Fairchild. (Asbury, Jared) |
Filing 141 REPLY to Response to Motion re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support JM Entities Reply in Support of Motion for Preliminary Injunction filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 140 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (1) Upon Which Relief Can be Granted; and (2) Lack of Subject-Matter and Personal Jurisdiction filed by Defendant David Odenath. (Sneddon, Heather) |
Filing 139 REPLY to Response to Motion re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Flintshire Holdings, Robert Garcia, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. Attorney Jared M. Asbury added to party Blue Fun Group(pty:dft), Attorney Jared M. Asbury added to party Flintshire Holdings(pty:dft), Attorney Jared M. Asbury added to party Charles Hanna(pty:dft), Attorney Jared M. Asbury added to party Heathrow Holdings(pty:dft), Attorney Jared M. Asbury added to party Low Cost Rentals(pty:dft), Attorney Jared M. Asbury added to party Lorin Quayle (pty:dft), Attorney Jared M. Asbury added to party David Turner(pty:dft)(Asbury, Jared) |
Filing 138 DOCKET TEXT ORDER granting #134 Motion for Extension of Time to File Response/Reply re #96 MOTION to Dismiss. Replies due by 10/20/2017. Signed by Judge Jill N. Parrish on 10/4/2017. No attached document. (prb) |
Filing 137 Motions No Longer Referred: #135 MOTION for Joinder of Defendants Perry and Weller to Join the Opposition re #131 Memorandum in Opposition to Motion. Judge Parrish will handle. (ss) |
Filing 136 Plaintiff's MEMORANDUM in Opposition re #118 MOTION to Dismiss and Memorandum in Support Opposition to Defendant's Conte and Courtside filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 135 MOTION for Joinder of Defendants Perry and Weller to Join the Opposition re #131 Memorandum in Opposition to Motion, filed by Defendants Lester Perry, Ray Weller. Motions referred to Evelyn J. Furse.(Perry, Lester) Modified by terminating motion, should have been filed using Notice event, on 10/3/2017 (dla). Modified by editing docket text on 10/3/2017 (dla). Modified by reversing prior changes, reverting document to motion per chambers request on 10/3/2017 (dla). |
Filing 134 Stipulated MOTION for Extension of Time to File Response/Reply as to #96 MOTION to Dismiss and Memorandum in Support on Behalf of Defendants Lester Perry and Raymond Weller filed by Defendants Lester Perry, Ray Weller. Motions referred to Evelyn J. Furse.(Perry, Lester) |
Filing 133 REPLY to Response to Motion re #103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Samuel Fairchild. (Asbury, Jared) |
Filing 132 NOTICE of Withdrawal of Motion by Courtside Codominiums re #106 MOTION to Dismiss Party Courtside Condominiums, LC and Memorandum in Support or, in the Alternative, Motion to Extend Time to Respond to First Amended Complaint (Merriman, Ryan) |
Filing 131 MEMORANDUM in Opposition re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Flintshire Holdings, Robert Garcia, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Exhibit 1 - November 4, 2010 email (internal Brinton email), #2 Exhibit 2 - First Amended Complaint, and the courts ruling on summary judgment in Cloward & Associates, P.C., et al., v. Gary R. Brinton, et al., Case No. 030401054, #3 Exhibit 3 - Brinton allowed to keep assets Deseret News, December 14, 2001, #4 Exhibit 4 - Declaration of Theodore L. Hansen, #5 Exhibit 5 - Declaration of Branden Hansen) Attorney Mary Anne Q. Wood added to party Flintshire Holdings(pty:dft)(Wood, Mary Anne) |
Filing 130 NOTICE of Appearance by Jason E. Greene on behalf of David Odenath (Greene, Jason) |
Filing 129 ORDER granting #128 Stipulated Motion for Extension of Time for Defendant David Odenath to Respond to First Amended Complaint. Signed by Magistrate Judge Evelyn J. Furse on 9/26/17. (dla) |
ANSWER DEADLINE UPDATED for David Odenath answer due 10/6/2017. (dla) |
Filing 128 Stipulated MOTION for Extension of Time for Defendant David Odenath to Respond to First Amended Complaint filed by Defendant David Odenath. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Heather M. Sneddon added to party David Odenath(pty:dft)(Sneddon, Heather) |
Filing 127 Plaintiff's MEMORANDUM in Opposition re #96 MOTION to Dismiss and Memorandum in Support on Behalf of Defendants Lester Perry and Raymond Weller in Opposition to Defendant's Perry and Weller filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 126 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to David Odenath served on 9/6/2017, answer due 9/27/2017. (Mertens, John) |
Filing 125 NOTICE OF DEFICIENCY re #123 Summons Returned Executed. Summons served date noted of 9/5/2017 incorrect. The clerk requests the filer of the original document to refile the pleading utilizing the correct service date of 9/6/2017. The new pleading will receive a new document number on the docket. (dla) |
Filing 124 Plaintiff's MEMORANDUM in Opposition re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support in Opposition to Defendant's Hansen et. al. filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 123 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to David Odenath served on 9/5/2017, answer due 9/26/2017. (Mertens, John) |
Filing 122 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mike Grande. (Attachments: #1 Exhibit 1 - Declaration of Michael Grande) Attorney Stephen Q. Wood added to party Mike Grande(pty:dft)(Wood, Stephen) |
Filing 121 Plaintiff's MEMORANDUM in Opposition re #103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 120 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Sabin, Cameron) |
Filing 119 Plaintiff's MEMORANDUM in Opposition re #101 MOTION to Dismiss and Memorandum in Support on Behalf of Defendant Paul Halliday JR filed by Plaintiff Zibalstar. (Mertens, John) |
Filing 118 MOTION to Dismiss and Memorandum in Support filed by Defendants Robert Conte, Courtside Codominiums, WCMF Inc. (Attachments: #1 Exhibit 1 - Complaint for Eviction (Courtside), #2 Exhibit 2 - Complaint for Eviction (Seven Peaks), #3 Exhibit 3 - Oklahoma Eviction)(Merriman, Ryan) |
Filing 117 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Robert Conte, Courtside Codominiums (Merriman, Ryan) |
Filing 116 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Robert Conte, Courtside Codominiums (Reutzel, Jeremy) |
Filing 115 DOCKET TEXT ORDER granting #114 Motion for Extension of Time. Plaintiffs' September 7, 2017 deadline to file a memorandum opposing Hansen Defendants' Motion to Dismiss is extended to September 21, 2017. Plaintiffs' September 8, 2017 deadline to file a memorandum opposing Perry Defendants' Motion to Dismiss is extended to September 22, 2017. Hansen Defendants' deadline to file a memorandum opposing Plaintiffs' Renewed, Amended, and Simplified Motion for Preliminary Injunction is extended to September 26, 2017. Signed by Judge Jill N. Parrish on September 5, 2017. No attached document. (prb) |
Filing 114 Stipulated MOTION for Extension of Time For Filing Oppositions to Motions to Dismiss and Amended Motion for Preliminary Injunction filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. Motions referred to Evelyn J. Furse.(Mertens, John) |
Filing 113 ACKNOWLEDGMENT OF SERVICE Executed (Jeremy C. Reutzel) Acknowledgment filed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings.Courtside Codominiums served on 8/23/2017, answer due 9/13/2017. (Mertens, John) |
Filing 112 REQUEST for Withdrawal of Request for Default on Courtside Condominiums, LC re #104 Request,, filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Mertens, John) |
Filing 111 MEMORANDUM in Opposition re #108 Amended MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E")(Perry, Lester) |
Filing 110 CLERKS ORDER GRANTING #109 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re 15 Amended Complaint. Signed by L. Pagel, Deputy Clerk (lnp) |
ANSWER DEADLINE UPDATED for Mike Grande answer due 9/19/2017. (lnp) |
Filing 109 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendant Mike Grande. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Mary Anne Q. Wood added to party Mike Grande(pty:dft)(Wood, Mary Anne) |
Filing 108 WITHDRAWN per #180 - Amended MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Attachments: #1 Affidavit of Gary Brinton, #2 Exhibit 1 - Warranty Deed - Island Park Station, #3 Exhibit 2 - Warranty Deed - Alpine Station, #4 Exhibit 3 - Warranty Deed - Fairview Station, #5 Exhibit 4 - Quit Claim Deed - Panguitch Station, #6 Exhibit 5 - Warranty Deed - Scipio Station, #7 Exhibit 6 - Warranty Deed - Springdale Station, #8 Exhibit 7 - Cease & Desist - Theodore Hansen, #9 Exhibit 8 - Cease & Desist - Branden Hansen, #10 Exhibit 9 - Cease & Desist - David Turner, #11 Exhibit 10 - Cease & Desist - Jeff Munoz, #12 Exhibit 11 - Default Email with Notices, #13 Exhibit 12 - Statement of Hansen Guilty Plea, #14 Exhibit 13 - Ted Hansen Criminal Case)(Mertens, John) Modified on 12/7/2017 (jds). |
Filing 107 WITHDRAWAL OF MOTION by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar re #16 Plaintiff's MOTION for Preliminary Injunction filed by 1481 Dewey NY, Junction Market Island Park, Winchester Business Park, Derbyshire Holdings, Seven Peaks Waterpark Provo, Junction Market Scipio, Brighton Place, Junction Market Springdale, Gary Brinton, Blue House Fillmore, Redwood Holdings, Zibalstar, TMBRS Property Holdings, Junction Market Alpine, Junction Market Fairview, Henrys Fork Heights . (Mertens, John) |
Filing 106 MOTION to Dismiss Party Courtside Condominiums, LC and Memorandum in Support and deny Plaintiff's Request for Default #104 or, in the Alternative, Motion to Extend Time to Respond to First Amended Complaint filed by Defendant Courtside Codominiums. (Attachments: #1 Exhibit 1 - Summary of Online Changes to Courtside Condominiums, LC) Attorney Ryan M. Merriman added to party Courtside Codominiums(pty:dft)(Merriman, Ryan) Modified on 8/23/2017 per call from counsel. (jlw). |
Filing 105 OBJECTIONS to Request for Entry of Default to #104 Request,, filed by Robert Conte. (Attachments: #1 Exhibit 1) Attorney Jeremy C. Reutzel added to party Robert Conte(pty:dft)(Reutzel, Jeremy) |
Filing 104 REQUEST for Entry of Default (Courtside Condominiums L.C.) filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. (Attachments: #1 Text of Proposed Order Default Certificate)(Mertens, John) |
Filing 103 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Samuel Fairchild. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Declaration of Samuel Fairchild) Attorney Jared M. Asbury added to party Samuel Fairchild(pty:dft)(Asbury, Jared) |
Filing 102 CLERKS ORDER GRANTING #100 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer and Memorandum in Support signed by L. Pagel, Deputy Clerk (lnp) |
Filing 101 MOTION to Dismiss and Memorandum in Support filed by Defendant Paul Halliday, Jr. (Halliday, Paul) |
ANSWER DEADLINE UPDATED for Robert Conte answer due 9/4/2017; WCMF Inc answer due 9/4/2017. (lnp) |
Filing 100 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Robert Conte, WCMF Inc. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Merriman, Ryan) |
Filing 99 NOTICE of Appearance by Ryan M. Merriman on behalf of Robert Conte, WCMF Inc (Merriman, Ryan) |
Filing 98 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Mike Grande served on 8/14/2017, answer due 9/5/2017. (Mertens, John) |
Filing 97 NOTICE OF WITHDRAWAL OF COUNSEL of Jedediah Brinton filed by Jedediah G. Brinton on behalf of 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Brinton, Jedediah) |
Filing 96 MOTION to Dismiss and Memorandum in Support on Behalf of Defendants Lester Perry and Raymond Weller filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit "A"-Answer to Idaho Petition, #2 Exhibit "B"-Answer to Oklahoma Petition)(Perry, Lester) |
Filing 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Flintshire Holdings, Robert Garcia, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Eric Manriquez, Jeffrey Munoz, Lorin Quayle, Trophy Properties NV, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Exhibit 1 - Declaration of Robert Garcia, #2 Exhibit 2 - Declaration of Eric Manriquez) Attorney Stephen Q. Wood added to party Blue Fun Group(pty:dft), Attorney Stephen Q. Wood added to party Flintshire Holdings(pty:dft), Attorney Stephen Q. Wood added to party Charles Hanna(pty:dft), Attorney Stephen Q. Wood added to party Heathrow Holdings(pty:dft), Attorney Stephen Q. Wood added to party Low Cost Rentals(pty:dft), Attorney Stephen Q. Wood added to party Lorin Quayle (pty:dft), Attorney Stephen Q. Wood added to party David Turner(pty:dft)(Wood, Stephen) |
Filing 94 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Mike Grande. 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. (lan) |
Filing 93 **RESTRICTED DOCUMENT**Summons Issued Electronically as to David Odenath. 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. (lan) |
Filing 92 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Robert Conte served on 7/30/2017, answer due 8/21/2017. (Mertens, John) |
Filing 91 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to WCMF Inc served on 7/30/2017, answer due 8/21/2017. (Mertens, John) |
Filing 90 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Samuel Fairchild served on 7/31/2017, answer due 8/21/2017. (Mertens, John) |
Filing 89 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Flintshire Holdings served on 7/27/2017, answer due 8/17/2017. (Mertens, John) |
Filing 88 **RESTRICTED DOCUMENT**Summons Issued Electronically as to WCMF Inc. 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. (lan) |
Filing 87 **RESTRICTED DOCUMENT**Summons Issued Electronically as to WCMF Inc. 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. (lan) |
Filing 86 **RESTRICTED DOCUMENT**Summons Issued Electronically as to WCMF Inc. 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. (lan) |
Filing 85 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Trophy Properties NV. 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. (lan) |
Filing 84 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Trophy Properties NV. 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. (lan) |
Filing 83 ORDER granting #78 Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint #15 . The requested due date would be extended to August 21, 2017. The Court grants the request for an extension. Signed by Magistrate Judge Evelyn J. Furse on 8/7/17. (jlw) |
ANSWER DEADLINE UPDATED for Paul Halliday, Jr answer due 8/21/2017. (jlw) |
Filing 82 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Lorin Quayle served on 7/6/2017, answer due 8/11/2017. (Mertens, John) |
Filing 81 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Junction Market VII served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 80 ANSWER to Complaint First Amended Complaint filed by Parker Enloe.(Reutzel, Jeremy) |
Filing 79 NOTICE of Acknowledgment of Civil Standing Order by Bank of the West, Jacob Peterson, Andrew Warwood re #13 Civil Standing Order (Black, Kenneth) |
Filing 78 MOTION for Extension of Time filing answer filed by Defendant Paul Halliday, Jr. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Paul M. Halliday, Jr added to party Paul Halliday, Jr(pty:dft)(Halliday, Paul) |
Filing 77 NOTICE of Lis Pendens filed by Defendants Branden Hansen, Theodore Hansen (Asbury, Jared) |
Filing 76 NOTICE of Lis Pendens filed by Defendants Branden Hansen, Theodore Hansen (Asbury, Jared) |
Filing 75 ORDER granting #74 Motion for Extension of Time to Answer re #15 Amended Complaint. Answer deadline updated for Bank of the West - answer due 9/18/2017; Jacob Peterson - answer due 9/18/2017; Andrew Warwood - answer due 9/18/2017. Signed by Magistrate Judge Evelyn J. Furse on 8/4/17. (jlw) |
Filing 74 Stipulated MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendants Bank of the West, Jacob Peterson, Andrew Warwood. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Bledsoe, Jordan) |
Filing 73 NOTICE of Appearance by Kenneth B. Black on behalf of Bank of the West, Jacob Peterson, Andrew Warwood (Black, Kenneth) |
Filing 72 NOTICE of Appearance by Jordan C. Bledsoe on behalf of Bank of the West, Jacob Peterson, Andrew Warwood (Bledsoe, Jordan) |
Filing 71 NOTICE of Appearance by Cameron L. Sabin on behalf of Bank of the West, Jacob Peterson, Andrew Warwood (Sabin, Cameron) |
Filing 70 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Lester Perry, Ray Weller (Perry, Lester) |
Filing 69 CLERKS ORDER Granting Defendant's Ex Parte Motion for Rule 77-1 Extension of Time re #65 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint signed by Anne Morgan, Chief Deputy. The date for Defendant to answer or otherwise plead to Plaintiffs' Amended Complaint is 8/10/17. (jlw) |
Filing 68 ORDER granting #38 Motion for Extension of Time. The requested due date would be extended fourteen days to August 11, 2017. Signed by Magistrate Judge Evelyn J. Furse on 7/27/17. (jlw) |
Filing 67 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to David Turner served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 66 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Eric Manriquez served on 7/18/2017, answer due 8/22/2017. (Mertens, John) |
Filing 65 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendant Trophy Properties NV. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wood, Mary Anne) |
Filing 64 CLERK'S ORDER granting Defendant's #42 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint, filed by Lorin Quayle. Answer deadline updated for Lorin Quayle, answer due 8/11/2017. Signed by Anne W. Morgan. (eat) |
Filing 63 CLERK'S ORDER granting Defendant's #41 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint, filed by Eric Manriquez. Answer deadline updated for Eric Manriquez, answer due 8/22/2017. Signed by Anne W. Morgan. (eat) |
Filing 62 CLERK'S ORDER granting Defendant's #40 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint, filed by Robert Garcia. Answer deadline updated for Robert Garcia, answer due 8/22/2017. Signed by Anne W. Morgan. (eat) |
ANSWER DEADLINE UPDATED for Lester Perry answer- due 8/11/2017; Ray Weller - answer due 8/11/2017. (jlw) |
Filing 61 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Bank of the West served on 7/10/2017, answer due 7/31/2017. (Mertens, John) |
Filing 60 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Low Cost Rentals served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 59 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Heathrow Holdings served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 58 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Trophy Properties NV served on 7/6/2017, answer due 7/27/2017. (Mertens, John) |
Filing 57 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Zurich Holdings Limited Liability Company served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 56 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Estrella P M served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 55 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Estrella OK served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 54 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Estrella Group served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 53 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Courtside Codominiums served on 7/20/2017, answer due 8/10/2017. (Mertens, John) |
Filing 52 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Lester Perry served on 7/7/2017, answer due 7/28/2017. (Mertens, John) |
Filing 51 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Ray Weller served on 7/7/2017, answer due 7/28/2017. (Mertens, John) |
Filing 50 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Parker Enloe served on 7/6/2017, answer due 8/7/2017. (Mertens, John) |
Filing 49 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Jacob Peterson served on 7/7/2017, answer due 7/28/2017. (Mertens, John) |
Filing 48 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Andrew Warwood served on 7/7/2017, answer due 7/28/2017. (Mertens, John) |
Filing 47 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Paul Halliday, Jr served on 7/18/2017, answer due 8/8/2017. (Mertens, John) |
Filing 46 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Blue Fun Group served on 7/6/2017, answer due 8/10/2017; Charles Hanna served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 45 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Jeffrey Munoz served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 44 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Branden Hansen served on 7/6/2017, answer due 8/10/2017. (Mertens, John) |
Filing 43 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal service served on Ted Hansen on 07/06/2017, filed by Defendant Theodore Hansen., **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Theodore Hansen served on 7/7/2017, answer due 8/10/2017. (Mertens, John) |
Filing 42 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendant Lorin Quayle. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Mary Anne Q. Wood added to party Lorin Quayle (pty:dft)(Wood, Mary Anne) |
Filing 41 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendant Eric Manriquez. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wood, Mary Anne) |
Filing 40 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendant Robert Garcia. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wood, Mary Anne) |
Filing 39 CLERKS ORDER GRANTING #37 Stipulated MOTION for Extension of Time to File Answer re #15 Amended Complaint and Memorandum in Support signed by L. Pagel, Deputy Clerk. (lnp) |
Filing 38 MOTION for Extension of Time to Respond to Plaintiffs' Amended Complaint and File Counterclaim filed by Defendants Lester Perry, Ray Weller. Motions referred to Evelyn J. Furse.(Perry, Lester) |
ANSWER DEADLINE UPDATED for Parker Enloe answer due 8/7/2017. (lnp) |
Filing 37 Stipulated MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, and Memorandum in Support filed by Defendant Parker Enloe. (Attachments: #1 Text of Proposed Order Order Extending Defendant Parker Enloe's Deadline to Respond to Complaint) Motions referred to Evelyn J. Furse. Attorney Jeremy C. Reutzel added to party Parker Enloe(pty:dft)(Reutzel, Jeremy) |
Filing 36 ORDER granting #19 Motion for Extension of Time to File Response/Reply; granting in part and denying in part #28 Motion for Extension of Time: Accordingly, the court hereby ORDERS that each named defendant who is targeted by Plaintiffs Motion for Preliminary injunction be granted an extension of time to respond to the Motion. The extension will proceed as follows: 1) As soon as all named parties targeted by the injunction are properly served and thereby notified of the Motion for Preliminary Injunction, Plaintiffs shall file with the court a notice so indicating. 2) All Defendants shall have twenty (20) days from the date of filing of Plaintiffs notice to file a response to the Motion for Preliminary Injunction. 3) Plaintiffs will then have the standard fourteen (14) days to reply to Defendants opposition filings as provided by DUCivR 7-1(b)(3)(B). Should Plaintiffs require additional time to reply, they may file their own motion for extension of time with court. 4) Thus, the motion for extension of time to respond filed by Defendants Theodore L. Hansen et al. (Docket No. 19) is GRANTED.5) The motion for extension of time to respond filed by Defendants Lester A. Perry and Raymond Weller (Docket No. 28) is GRANTED in part and DENIED in partThe court grants the motion insofar as it requests a twenty day extension beyond the date that all defendants have been served. The court denies the motion insofar as Mr. Perry and Mr. Weller request a date certain deadline of August 21, 2017. Signed by Judge Jill N. Parrish on 7/20/17. (jlw) |
Filing 35 REQUEST to Submit for Decision re #19 Ex Parte (Not Sealed) MOTION for Extension of Time to File Response/Reply as to #16 Plaintiff's MOTION for Preliminary Injunction filed by Defendants Branden Hansen, Theodore Hansen. (Wood, Mary Anne) |
Filing 34 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Slade, Dustin) |
Filing 33 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Branden Hansen, Theodore Hansen (Wood, Stephen) |
Filing 32 NOTICE of Errata by 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar re #16 Plaintiff's MOTION for Preliminary Injunction (Attachments: #1 Exhibit 29 - Declaration of Andrew Nielson) (Hoyt, Adam) |
Filing 31 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Branden Hansen, Theodore Hansen (Asbury, Jared) |
Filing 30 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Defendants Branden Hansen, Theodore Hansen (Wood, Mary Anne) |
Filing 29 AFFIDAVIT/DECLARATION of Lester A. Perry in Support re #28 MOTION for Extension of Time to Respond to Plaintiffs Motion for Temporary Injunction filed by Defendants Lester Perry, Ray Weller. (Attachments: #1 Exhibit "A"-process server attempts, #2 Exhibit "B"-Perry emails, #3 Exhibit "C"-OK Order & Sheriff's Sale, #4 Exhibit "D"-Purchase contract, #5 Exhibit "E"-Brinton emails, #6 Exhibit "F"-Brinton letter, #7 Exhibit "G"-mechanic's lien letters, #8 Exhibit "H"-ID Note and Trust Deed)(Perry, Lester) |
Filing 28 MOTION for Extension of Time to Respond to Plaintiffs Motion for Temporary Injunction filed by Defendants Lester Perry, Ray Weller. Motions referred to Evelyn J. Furse. Attorney Lester A. Perry added to party Lester Perry(pty:dft), Attorney Lester A. Perry added to party Ray Weller(pty:dft)(Perry, Lester) |
Filing 27 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Mertens, John) |
Filing 26 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Hoyt, Adam) |
Filing 25 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #13 filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Brinton, Jedediah) |
Filing 24 NOTICE of Appearance by John P. Mertens on behalf of 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar (Mertens, John) |
Filing 23 REPLY to Response to Motion re #19 Ex Parte (Not Sealed) MOTION for Extension of Time to File Response/Reply as to #16 Plaintiff's MOTION for Preliminary Injunction filed by Defendants Branden Hansen, Theodore Hansen. (Attachments: #1 Exhibit A - Declaration of Timothy S. Deans, #2 Exhibit B - Declaration of Theodore L. Hansen)(Wood, Stephen) |
Filing 22 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Winchester Business Park, Blue House Fillmore, White Stallion, Gary Brinton, Junction Market Alpine, Junction Market Panguitch, McKinley Court Place, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Sunset Apartments Place, Brighton Place, 17 East Main NY, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings as to Robert Garcia served on 7/18/2017, answer due 8/8/2017. (Mertens, John) |
Filing 21 REPLY to Response to Motion re #19 Ex Parte (Not Sealed) MOTION for Extension of Time to File Response/Reply as to #16 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiffs 1481 Dewey NY, 17 East Main NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Panguitch, Junction Market Scipio, Junction Market Springdale, McKinley Court Place, Redwood Holdings, Seven Peaks Waterpark Provo, Sunset Apartments Place, TMBRS Property Holdings, White Stallion, Winchester Business Park, Zibalstar. Attorney John P. Mertens added to party 1481 Dewey NY(pty:pla), Attorney John P. Mertens added to party 17 East Main NY(pty:pla), Attorney John P. Mertens added to party Blue House Fillmore(pty:pla), Attorney John P. Mertens added to party Brighton Place(pty:pla), Attorney John P. Mertens added to party Gary Brinton(pty:pla), Attorney John P. Mertens added to party Derbyshire Holdings(pty:pla), Attorney John P. Mertens added to party Henrys Fork Heights(pty:pla), Attorney John P. Mertens added to party Junction Market Alpine(pty:pla), Attorney John P. Mertens added to party Junction Market Fairview(pty:pla), Attorney John P. Mertens added to party Junction Market Island Park (pty:pla), Attorney John P. Mertens added to party Junction Market Panguitch(pty:pla), Attorney John P. Mertens added to party Junction Market Scipio(pty:pla), Attorney John P. Mertens added to party Junction Market Springdale(pty:pla), Attorney John P. Mertens added to party McKinley Court Place(pty:pla), Attorney John P. Mertens added to party Redwood Holdings (pty:pla), Attorney John P. Mertens added to party Seven Peaks Waterpark Provo(pty:pla), Attorney John P. Mertens added to party Sunset Apartments Place(pty:pla), Attorney John P. Mertens added to party TMBRS Property Holdings(pty:pla), Attorney John P. Mertens added to party White Stallion(pty:pla), Attorney John P. Mertens added to party Winchester Business Park (pty:pla), Attorney John P. Mertens added to party Zibalstar(pty:pla)(Mertens, John) |
Filing 20 DOCKET TEXT ORDER re: Defendants' Motion for Extension of Time to File Response/Reply #19 . Defendants have not provided any reason in briefing why their motion should be considered ex parte. Accordingly, the court treats the filing as an ordinary motion requiring response from Plaintiffs. Additionally, given the impending deadline for response to Plaintiffs' Motion for Preliminary Injunction and the typically urgent nature of such motions, the court hereby ORDERS Plaintiffs to respond to Defendants' Motion #19 by 7/17/2017 at 5pm. Even if Plaintiffs do not oppose the Motion, they should file a response so indicating. Defendants' reply, if any, will be due 7/18/2017. No attached document Signed by Judge Jill N. Parrish on 07/14/2017. (anr) |
Filing 19 Ex Parte (Not Sealed) MOTION for Extension of Time to File Response/Reply as to #16 Plaintiff's MOTION for Preliminary Injunction filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Jeffrey Munoz, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wood, Mary Anne) |
Filing 18 CLERKS ORDER GRANTING re #17 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint signed by L. Pagel, Deputy Clerk. (lnp) |
ANSWER DEADLINE UPDATED for Blue Fun Group answer due 8/10/2017; Estrella Group answer due 8/10/2017; Estrella OK answer due 8/10/2017; Estrella P M answer due 8/10/2017; Charles Hanna answer due 8/10/2017; Branden Hansen answer due 8/10/2017; Theodore Hansen answer due 8/10/2017; Heathrow Holdings answer due 8/10/2017; Junction Market VII answer due 8/10/2017; Low Cost Rentals answer due 8/10/2017; Jeffrey Munoz answer due 8/10/2017; David Turner answer due 8/10/2017; Zurich Holdings Limited Liability Company answer due 8/10/2017. (lnp) |
Filing 17 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,,,, filed by Defendants Blue Fun Group, Estrella Group, Estrella OK, Estrella P M, Charles Hanna, Branden Hansen, Theodore Hansen, Heathrow Holdings, Junction Market VII, Low Cost Rentals, Jeffrey Munoz, David Turner, Zurich Holdings Limited Liability Company. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse. Attorney Mary Anne Q. Wood added to party Blue Fun Group(pty:dft), Attorney Mary Anne Q. Wood added to party Charles Hanna(pty:dft), Attorney Mary Anne Q. Wood added to party Heathrow Holdings(pty:dft), Attorney Mary Anne Q. Wood added to party Low Cost Rentals(pty:dft), Attorney Mary Anne Q. Wood added to party David Turner(pty:dft)(Wood, Mary Anne) |
Filing 16 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiffs 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar. (Attachments: #1 Exhibit 1 - TMBRS Unanimous Written Action, #2 Exhibit 2 - TMBRS Master Lease - Cove-Bradford, #3 Errata 3 - TMBRS Master Lease - Southern-Whispering-McKinley, #4 Exhibit 4 - TMBRS Master Lease - Tres Palms-Silverwood-Four Oaks, #5 Exhibit 5 - Master Lease - San Jacinto, #6 Exhibit 6 - Master Lease - Manzana Grove, #7 Exhibit 7 - Absolute Triple Net Lease - Seven Peaks Provo, #8 Exhibit 8 - Absolute Triple Net Lease - Courtside Condominiums, #9 Exhibit 9 - Master Lease - Highland Oaks, #10 Exhibit 10 - Warranty Deed - Alpine Station, #11 Exhibit 11 - Warranty Deed - Sierra Pointe, #12 Exhibit 12 - Warranty Deed - Henry's Fork Heights, #13 Exhibit 13 - Warranty Deed - Fairview Station, #14 Exhibit 14 - Quit-Claim Deed - Panguitch Station, #15 Exhibit 15 - Warranty Deed - Scipio Station, #16 Exhibit 16 - Warranty Deed - Springdale Station, #17 Exhibit 17 - Warranty Deed - Island Park Station, #18 Exhibit 18 - Warranty Deed - 17 East Main, #19 Exhibit 19 - Warranty Deed - Henry's Fork Heights, #20 Exhibit 20 - Cease & Desist Letter, #21 Exhibit 21 - Cease & Desist Letter, #22 Exhibit 22 - Cease & Desist Letter - Branden Hansen, #23 Exhibit 23 - Cease & Desist Letter - David Turner, #24 Exhibit 24 - Cease & Desist Letter - Jeff Munoz, #25 Exhibit 25 - Cease & Desist Letter - Theodore Hansen, #26 Exhibit 26 - Emails from Branden re Defaults, #27 Exhibit 27 - Statement of Hansen Guilty Plea, #28 Exhibit Declaration of Gary Brinton, #29 Exhibit Declaration of Andrew Nielson)(Brinton, Jedediah) |
Filing 15 AMENDED COMPLAINT against All Defendants with Jury Demand. New Plaintiffs:. JUNCTION MARKET PANGUITCH, L.C., a Utah Limited Liability Company;. 17 EAST MAIN NY, a Utah limited liability company; SUNSET APARTMENTS PLACE, L.C., a Utah Limited Liability Company; WHITE STALLION, L.C., a Utah Limited Liability Company; MCKINLEY COURT PLACE, L.C., a Utah Limited Liability Company,. New Defendants: DAVID TURNER, an Individual; CHARLES HANNA, an Individual; PAUL HALLIDAY, JR., an Individual; ANDREW WARWOOD, an individual; JACOB PETERSON, an individual; PARKER ENLOE, an individual; RAY WELLER, an Individual; LESTER PERRY, an Individual; SAMUEL FAIRCHILD, an Individual; COURTSIDE CONDOMINIUMS, L.C., a Utah Limited Liability Company; HEATHROW HOLDINGS, LLC, a Texas Limited Liability Company; FLINTSHIRE HOLDINGS, LLC, an expired Utah Limited Liability Company; LOW COST RENTALS, LLC, a Utah Limited Liability Company; BANK OF THE WEST, a California Corporation. Removed Defendants: PAUL HALLADAY, an Individual; 1433 S 107 E OK, LLC, an Oklahoma Limited Liability Company; STAR RE LLC, a Utah Limited Liability Company. filed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Blue House Fillmore, Winchester Business Park, Gary Brinton, Junction Market Alpine, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Brighton Place, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings. (Brinton, Jedediah) |
Filing 14 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Jill N. Parrish on 6/21/17. (ss) |
Filing 13 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 6/21/17. (ss) |
Filing 12 NOTICE of Appearance by Adam L. Hoyt on behalf of 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar (Hoyt, Adam) |
Filing 11 DOCKET TEXT ORDER denying #6 Motion to Expedite. In light of this motion's focus on preparation for "the upcoming preliminary injunction" and this court's denial of Plaintiffs' motion for injunctive relief, the court finds that this discovery motion is moot. Additionally, insofar as Plaintiffs request expedited discovery due to the risk of spoliation, the court finds that Plaintiffs' have failed to provide sufficient specific evidence to support their concerns of spoliation. Accordingly, the court DENIES this motion as moot. Signed by Judge Jill N. Parrish on 06/14/2017. No attached document. (anr) |
Filing 10 MEMORANDUM DECISION AND ORDER denying #3 Plaintiffs' Motion for Temporary Restraining Order. Signed by Judge Jill N. Parrish on 6/14/2017. (eat) |
Filing 9 NOTICE of Appearance by Jared M. Asbury on behalf of Estrella Group, Estrella OK, Estrella P M, Robert Garcia, Branden Hansen, Theodore Hansen, Junction Market VII, Eric Manriquez, Jeffrey Munoz, Trophy Properties, Zurich Holdings Limited Liability Company (Asbury, Jared) |
Filing 8 NOTICE of Appearance by Stephen Q. Wood on behalf of Estrella Group, Estrella OK, Estrella P M, Robert Garcia, Branden Hansen, Theodore Hansen, Junction Market VII, Eric Manriquez, Jeffrey Munoz, Trophy Properties, Zurich Holdings Limited Liability Company (Wood, Stephen) |
Filing 7 NOTICE of Appearance by Mary Anne Q. Wood on behalf of Estrella Group, Estrella OK, Estrella P M, Robert Garcia, Branden Hansen, Theodore Hansen, Junction Market VII, Eric Manriquez, Jeffrey Munoz, Trophy Properties, Zurich Holdings Limited Liability Company (Wood, Mary Anne) |
Filing 6 Ex Parte (Not Sealed) MOTION to Expedite Discovery filed by Plaintiffs 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar. (Attachments: #1 Text of Proposed Order)(Brinton, Jedediah) |
Filing 5 ORDER granting #4 Motion for Admission Pro Hac Vice of Dustin Slade for 1481 Dewey NY,Dustin Slade for Blue House Fillmore,Dustin Slade for Brighton Place,Dustin Slade for Gary Brinton,Dustin Slade for Derbyshire Holdings,Dustin Slade for Henrys Fork Heights,Dustin Slade for Junction Market Alpine,Dustin Slade for Junction Market Fairview,Dustin Slade for Junction Market Island Park,Dustin Slade for Junction Market Scipio,Dustin Slade for Junction Market Springdale,Dustin Slade for Redwood Holdings,Dustin Slade for Seven Peaks Waterpark Provo,Dustin Slade for TMBRS Property Holdings,Dustin Slade for Winchester Business Park,Dustin Slade for Zibalstar. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 6/12/17. (jlw) |
Filing 4 MOTION for Admission Pro Hac Vice of Dustin N. Slade , Registration fee $ 250, receipt number 1088-2773826, filed by Plaintiffs 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar. (Attachments: #1 Exhibit Proposed Order)(Brinton, Jedediah) |
Filing 3 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar. (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 Errata 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Errata 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit Declaration of Gary Brinton, #29 Exhibit Certification of Jedediah G. Brinton)(Brinton, Jedediah) |
Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2773521) filed by Junction Market Island Park, Seven Peaks Waterpark Provo, Junction Market Fairview, Zibalstar, Blue House Fillmore, Winchester Business Park, Gary Brinton, Junction Market Alpine, Henrys Fork Heights, Junction Market Springdale, Redwood Holdings, Brighton Place, 1481 Dewey NY, Derbyshire Holdings, Junction Market Scipio, TMBRS Property Holdings. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (Brinton, Jedediah) |
Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiffs 1481 Dewey NY, Blue House Fillmore, Brighton Place, Gary Brinton, Derbyshire Holdings, Henrys Fork Heights, Junction Market Alpine, Junction Market Fairview, Junction Market Island Park, Junction Market Scipio, Junction Market Springdale, Redwood Holdings, Seven Peaks Waterpark Provo, TMBRS Property Holdings, Winchester Business Park, Zibalstar is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.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. (tlh) |
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