Commodity Futures Trading Commission et al v. Rust Rare Coin et al
| Commodity Futures Trading Commission and State of Utah Division Securities |
| Aleesha Rust Franklin, Denise Gunderson Rust, R Legacy Investments, R Legacy Entertainment, Joshua Daniel Rust, Gaylen Dean Rust, R Legacy Racing and Rust Rare Coin |
| Tally Johnson, Andrew Johnson, Rulon-Frederick DeYoung and Sharyn Heiner |
| Jonathan O. Hafen and Wayne Klein |
| Zions Bancorporation |
| Keystone Real Estate Lending Fund |
| 2:2018cv00892 |
| November 13, 2018 |
| U.S. District Court for the District of Utah |
| Tena Campbell |
| Dustin B Pead |
| Securities/Commodities |
| 7 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2026. A more recent docket listing may be available from PACER.
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Filing 365
Motions No Longer Referred: #363 MOTION to Sustain Receiver's Objections to Certain Categories of Claims and to Establish Objection Procedure and Memorandum in Support (cff)
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Filing 364
ORDER Establishing Objection Procedure. Signed by Judge Tena Campbell on 11/2/20. (dla)
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Filing 363
MOTION to Sustain Receiver's Objections to Certain Categories of Claims and to Establish Objection Procedure and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Establishing Objection Procedure) Motions referred to Dustin B. Pead.(Love, Cynthia)
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Filing 362
STATUS REPORT Receiver's Eighth Quarterly Status Report by Jonathan O. Hafen. (Attachments: #1 Exhibit Exhibit A (Schedule of Receipts and Disbursements), #2 Exhibit B (Updated List of Claimants))(Covey, Joseph)
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Filing 361
Modification of Docket re #360 Order Continuing Hearing: Error: Filing event did not allow order image to be attached. Correction: Document has been added to entry and is also attached to this entry so parties can receive it. (alt)
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Filing 360
ORDER Continuing Telephonic Status Hearing set for 11/12/20 at 11:00 a.m. before Judge Tena Campbell. Consideration of #350 Motion for Hearing re Clarification of Asset Freeze Order is deferred. Signed by Judge Tena Campbell on 10/30/20 (alt) (alt).
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Filing 359
MOTION for Permission to Return Consigned Items and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Establishing Objection Procedure) Motions referred to Dustin B. Pead.(Love, Cynthia)
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Filing 358
Stipulated RESPONSE to Motion re #350 First MOTION for Hearing re Clarification of Asset Freeze Order , #345 MOTION for Hearing re #54 Order re Clarification of Asset Freeze Order and Memorandum in Support and Request to Continue Hearing filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order)(Love, Cynthia)
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Filing 357
ORDER granting #349 Motion for Settlement: Settlement Agreement with CC Soundhouse, Caleb Chapman, Andrew Surmani, and Rick Drumm is approved. Signed by Judge Tena Campbell on 10/27/20 (alt)
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Filing 356
Motions No Longer Referred: #353 First MOTION for Hearing re Edited: Clarification of Asset Freeze Order to Include Service to Receiver, #350 First MOTION for Hearing re Clarification of Asset Freeze Order (cff)
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Filing 355
ORDER granting #348 Motion to Approve Settlement Agreement with K. McCoy Livingston and his related entities. Signed by Judge Tena Campbell on 10/19/20 (alt)
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Filing 354
Motions No Longer Referred: #353 First MOTION for Hearing re Edited: Clarification of Asset Freeze Order to Include Service to Receiver, #350 First MOTION for Hearing re Clarification of Asset Freeze Order (mjw)
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Filing 353
First MOTION for Hearing re Edited: Clarification of Asset Freeze Order to Include Service to Receiver filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit Personal Property Declaration of Denise Rust) Motions referred to Dustin B. Pead.(Bugden, Walter)
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Filing 352
NOTICE OF TELEPHONIC HEARING: (Notice generated by Chris Ford) Status Conference Re: Clarification of Asset Freeze Order set for 11/12/2020 at 11:00 AM in Judges Chambers before Judge Tena Campbell. In advance of the call, counsel are required to provide contact information to Christine Ford at [email protected] in case there are technical difficulties during the call. For the hearing, please follow these call-in instructions:1. At 10:55 a.m. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (11:00 a.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234. If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time.6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed. If you have any questions before the hearing begins, contact chambers at 801-524-6170. If you are having issues during the hearing, email the courtroom deputy at [email protected]. (cff)
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Filing 351
First AFFIDAVIT/DECLARATION of Denise Rust in Support re #350 First MOTION for Hearing re Clarification of Asset Freeze Order filed by Defendant Denise Gunderson Rust. (Isaacson, Tara)
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Filing 350
First MOTION for Hearing re Clarification of Asset Freeze Order filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit Personal Property Declaration of Denise Rust) Motions referred to Dustin B. Pead. Attorney Tara L. Isaacson added to party Denise Gunderson Rust(pty:dft)(Isaacson, Tara)
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Filing 349
MOTION for Settlement Motion to Approve Settlement Agreement with CC Soundhouse, LLC, Caleb Chapman, Andrew Surmani and Rick Drumm filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order)(Covey, Joseph)
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Filing 348
MOTION for Settlement and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement agreement, #2 Exhibit B - Financial disclosure, #3 Text of Proposed Order)(Love, Cynthia)
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Filing 347
ORDER: Denise Gunderson Rust is to file a motion discussing why certain personal assets should be exempt from the asset freeze and why her rental property should be rented to Ms. Franklin. Signed by Judge Tena Campbell on 10/2/20 (alt)
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Filing 346
Motions No Longer Referred: #345 MOTION for Hearing re #54 Order re Clarification of Asset Freeze Order and Memorandum in Support as this order was signed by the District Judge. (mjw)
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Filing 345
MOTION for Hearing re #54 Order re Clarification of Asset Freeze Order and Memorandum in Support filed by Defendant Denise Gunderson Rust. Motions referred to Dustin B. Pead.(Bugden, Walter)
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Filing 344
ORDER granting #332 Motion for Hearing: Receiver is authorized to sell the 65299 Diamond Ridge Road Property on the terms set forth in the Purchase and Sale Agreement. Signed by Judge Tena Campbell on 9/3/20 (alt)
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Filing 343
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 9/3/2020 re #332 Motion to Confirm Private Sale of Diamond Ridge Road Property in Homer, Alaska filed by Jonathan O. Hafen. All parties appear telephonically in response to continued concerns over the COVID-19 pandemic.The court hears first from Mr. Joseph Covey, counsel for the Receiver, as to the Motion to Confirm Private Sale of the Property in Homer, Alaska. Mr. Covey provides the court with the efforts the Receiver has made as to the statutory requirements and the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Property. After hearing from Mr. Covey, the court is satisfied that all the requirements of the statute have been met and that no objections have been received. Accordingly, the Motion for Order of Sale is GRANTED. The court recently received a status report from the Receiver and the court has carefully and thoroughly reviewed that report. The Receiver represents that continuation of the Receivership will generate a significant amount of additional funds that will ultimately be distributed to the defrauded investors and other Receivership claimants. The court finds this is reasonable and orders that the Receivership be continued. Mr. Covey also provides the court with new information as to other properties and/or monies the Receiver has secured and the plans to add those items to the Receivership. The court next hears from Ms. Cynthia Love, on behalf of the Receiver, who provides the court with updated information as to the claims process, those claims that have already been dealt with and the Receiver's hope to be able to make an interim distribution shortly. Attorneys for the Receiver: Mr. Joseph Covey and Cynthia D. Love. Attorney for Commodity Futures Trading Commission: Jennifer J. Chapin. Attorney for the Utah Division of Securities: Jennifer R. Korb. Court Reporter: Teena Green.(cff)
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Filing 342
Motions No Longer Referred: #332 MOTION for Hearing re Motion for Hearing to Confirm Private Sale of Diamond Ridge Road Property in Homer, Alaska and Memorandum in Support (mjw)
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Filing 341
ORDER AND MEMORANDUM DECISION overruling all objections to the proposed distribution plan; granting #298 Motion to Approve Proposed Distribution Plan. Signed by Judge Tena Campbell on 8/20/20 (alt)
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Filing 340
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 8/18/2020 re #298 MOTION to Approve Proposed Distribution Plan filed by Jonathan O. Hafen. Counsel appear via telephone. Certain claimants also appear via telephone. The court hears from Ms. Love on behalf of the Receiver as to the proposed distribution plan. The court also hears from individuals affected by the proposed distribution plan. After hearing from all individuals desiring to speak, the court informs the parties that it will prepare a proposed order as to the plan of distribution.Receiver: Jonathan Hafen.Attorney for the Receiver: Cynthia G. Love.Attorney for Commodity Futures Trading Commission: Jennifer J. Chapin.Attorneys for Attorney General of the State of Utah: Paula Faerber and Jennifer R. Korb. Court Reporter: Kelly Hicken.(cff)
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Filing 339
ORDER granting #333 Motion for Sixth Interim Payment. Signed by Magistrate Judge Dustin B. Pead on 8/18/20 (alt)
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Filing 338
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 8/17/2020 at 1:30 p.m. re #298 MOTION to Approve Proposed Distribution Plan filed by the Receiver: Jonathan O. Hafen. The court hears from Ms. Cynthia D. Love on behalf of the Receiver and also hears from individuals objecting to the proposed distribution plan. The court takes the matter under advisement.Attorneys for the Receiver: Joseph Covey and Cynthia G. Love.Attorney for Commodity Futures Trading Commission: Thomas L. Simek.Attorneys for Attorney General of the State of Utah: Paula Faerber and Jennifer R. Korb.Court Reporter: Becky Janke.(cff)
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Filing 337
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 8/17/2020 at 11:00 a.m. re #298 MOTION to Approve Proposed Distribution Plan filed by the Receiver: Jonathan O. Hafen. The court hears from Ms. Cynthia D. Love on behalf of the Receiver and also hears from individuals objecting to the proposed distribution plan. The court takes the matter under advisement.Attorney for the Receiver: Cynthia G. Love.Attorney for Commodity Futures Trading Commission: Thomas L. Simek.Attorneys for Attorney General of the State of Utah: Paula Faerber and Jennifer R. Korb. Court Reporter: Becky Janke.(cff)
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Filing 336
ERRATA filed by Receiver Jonathan O. Hafen Notice of Errrata to Receiver's Sixth Interim Application. (Attachments: #1 Exhibit Exhibit E to Receiver's Sixth Interim Fee Application)(Covey, Joseph)
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Filing 335
ERRATA to #332 MOTION for Hearing re Motion for Hearing to Confirm Private Sale of Diamond Ridge Road Property in Homer, Alaska and Memorandum in Support filed by Receiver Jonathan O. Hafen . (Attachments: #1 Text of Proposed Order (Proposed) Order Granting Motion for Hearing to Confirm Private Sale of Diamond Ridge Road Property in Homer, Alaska)(Covey, Joseph)
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Filing 334
NOTICE OF HEARING ON MOTION AND STATUS CONFERENCE re: #332 MOTION for Hearing re Motion for Hearing to Confirm Private Sale of Diamond Ridge Road Property in Homer, Alaska : (Notice generated by Chris Ford) Motion Hearing and status conference set for 9/3/2020 at 11:00 AM in Judges Chambers before Judge Tena Campbell. For the hearing, please follow these call-in instructions:1. At 10:55 a.m. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (11:00 a.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234.If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time. 6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed. (cff)
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Filing 333
MOTION for Sixth Interim Payment filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Exh. A - Receiver's Invoices, #2 Exhibit Exh. B - Parr Brown Invoices, #3 Exhibit Exh. C - BRG Invoices, #4 Exhibit Exh. D - Conflict Receiver and Klein Invoices) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 332
MOTION for Hearing re Confirmation of Private Sale of Diamond Ridge Road Property in Homer, Alaska and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Exh. A - Purchase and Sale Agreement, #2 Exhibit Exh. B - Appraisal 4.1.2019, #3 Exhibit Exh. C - Appaisal 4.11.2019, #4 Exhibit Exh. D - Appraisal 7.7.2019, #5 Exhibit Proof of Publication) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 9/3/2020: corrected entry text (alt)
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Filing 331
STATUS REPORT Receiver's Seventh Quarterly Status Report by Jonathan O. Hafen. (Attachments: #1 Exhibit Exhibit A - Receipts and Disbursements, #2 Exhibit Exhibit B - Updated List of Claimants)(Covey, Joseph)
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Filing 330
NOTICE OF HEARING ON MOTION re: #298 MOTION to Approve Proposed Distribution Plan : Motion Hearing set for 8/18/2020 at 11:00 AM in Judges Chambers before Judge Tena Campbell. This hearing is for Thomas Judd Williams, Sara McCormick, Daxson Hale, Jared Clark Gay, J. Scott Rakozy, Alice Jones, Jennifer Jones Clawson, Bryan Douglas Jones, Lindsay Erin Jones, Courtney Jones Nielsen, Kathleen Barlow, Gloria Bowman, Phyllis Bowman, David Bowman, Katherine Bowman, Sarah Bowman, Jeannette Dieman, and any related entities or trusts. Instructions are included in this notice. The court asks the Receiver to ensure all objectors receive a copy of these instructions. Any interested party will be able to call in to the hearing, but only counsel for the Receiver and the named objectors will be permitted to address the court. Additionally, the court encourages the objectors to determine in advance who will be addressing the court so as to avoid presenting identical arguments through multiple speakers. Call in instructions:1. At 10:55 a.m. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (11:00 a.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234. If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time.6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed. (cff)
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Filing 329
NOTICE OF HEARING ON MOTION re: #298 MOTION to Approve Proposed Distribution Plan : Motion Hearing set for 8/17/2020 at 01:30 PM in Judges Chambers before Judge Tena Campbell. This hearing is for the Alan Lambert, Wayne Hall, Adam Wells, and Catherine and Jim Binsacca objections only. The court asks the Receiver to ensure all objectors receive a copy of these instructions. Any interested party will be able to call in to the hearing, but only counsel for the Receiver and the named objectors will be permitted to address the court. Additionally, the court encourages the objectors to determine in advance who will be addressing the court so as to avoid presenting identical arguments through multiple speakers. For the hearing, please follow these call-in instructions:1. At 1:25 p.m. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (1:30 p.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234.If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time.6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed.(Notice generated by Chris Ford)
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Filing 328
NOTICE OF HEARING ON MOTION re: #298 MOTION to Approve Proposed Distribution Plan : Motion Hearing set for 8/17/2020 at 11:00 AM in Judges Chambers before Judge Tena Campbell. This hearing is for the Peter Guyon objection only. Instructions regarding how to participate telephonically will be posted separately. The court asks the Receiver to ensure all objectors receive a copy of these instructions. Any interested party will be able to call in to the hearing, but only counsel for the Receiver and the named objector will be permitted to address the court. For the hearing, please follow these call-in instructions:1. At 10:55 a.m. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (11:00 a.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234.If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time.6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed. Receiver is instructed to provide these call in instructions to all interested parties.(Notice generated by Chris Ford)
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Filing 327
REPLY to Response to Motion re #298 MOTION to Approve Proposed Distribution Plan filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Objection of Adam Lambert, #2 Exhibit B- Objection of Wayne Hall, #3 Exhibit C - Objection of Adam Wells, #4 Exhibit D - Objection of Catherine Binsacca, #5 Exhibit E - Objection of Thomas Williams, #6 Exhibit F - Objection of Sara McCormick, #7 Exhibit G - Objection of Daxson Hale, #8 Exhibit H - Objection of Alice Jones, #9 Exhibit I - Objection of Kathleen Barlow, #10 Exhibit J - Objection of Gloria Bowman, #11 Exhibit K - Objection of Alice Jones et al, #12 Exhibit L - Objection of Peter Guyon)(Love, Cynthia)
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Filing 326
BRIEFING ORDER re Objections to #298 MOTION to Approve Proposed Distribution Plan: Receiver's response to the objections is due by 7/21/20. Signed by Judge Tena Campbell on 7/8/20 (alt)
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Filing 325
NOTICE of Submission of Non-Party Objections by Jonathan O. Hafen re #298 MOTION to Approve Proposed Distribution Plan (Attachments: #1 Exhibit A - Objection of Adam Lambert, #2 Exhibit B - Objection of Wayne Hall, #3 Exhibit C - Objection of Adam Wells, #4 Exhibit D - Objection of Catherine and James Binsacca, #5 Exhibit E - Objection of Thomas Williams, #6 Exhibit F - Objection of Sara McCormick, #7 Exhibit G - Objection of Daxson Hale, #8 Exhibit H - Objection of Alice Jones, #9 Exhibit I - Objection of Kathleen Barlow, #10 Exhibit J - Objection of Gloria Barlow, #11 Exhibit K - Objection of Alice Jones et al., #12 Exhibit L - Objection of Peter Guyon) (Love, Cynthia)
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Filing 324
MANDATE of USCA as to #229 Notice of Appeal. According to the USCA, the Order of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: #1 Mandate Cover Letter) (alt)
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Filing 323
NOTICE OF DEFICIENCY re #317 Reply Memorandum/Reply to Response to Motion,. The document was filed as if briefing a motion, but the wrong filing event was used as no motion is being briefed. The clerk reminds all filers that the filing events located under the Motions and Related Filings category may only be used if briefing motions. Documents styled as Objections should be filed using the "Objections" filing event and any responses or further briefing to non-motions should be filed using the "Response (NOT to motion)" or "Brief" filing events which allow the filer to link to previously filed entries that are not motions. (alt)
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Filing 322
NOTICE OF DEFICIENCY re #314 MOTION, #316 Reply Memorandum/Reply to Response to Motion. The documents were improperly filed as if by the Receiver, but attys failed to contact the clerk's office and have the party actually represented in the filings added to the case prior to filing so the docket reads incorrectly. Also, both reply memos link to an unrelated, non-pending motion. The clerk reminds all filers that parties wishing to appear in a case must call the clerk's office and be added to the case if allowable and must file their own documents. Only parties who have been added to the case may file in a case. Attorneys may not e-file for parties they do not represent unless filing a joint or stipulated document. (alt)
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Filing 321
NOTICE OF DEFICIENCY re #310 Memorandum in Opposition to Motion, #311 Motion to File Sealed Document, #312 Sealed Document. The documents were improperly filed by one party as for another party causing the docket to read incorrectly and the 'filing party' to never properly appear or be noticed in the case. The clerk reminds all filers that parties wishing to appear in a case must call the clerk's office and be added to the case if allowable and must file their own documents. Only parties who have been added to the case may file in a case. (alt)
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Filing 320
ORDER AND MEMORANDUM DECISION granting #141 Motion to Resolve Competing Claims to Monies Held by Zions Bank; granting #227 Motion to Resolve Competing Claims to Monies Held by Zions Bank. The court orders Zions Bank to transfer $1.6 million from the Trust account to the RRC account. Signed by Judge Tena Campbell on 6/25/20 (alt)
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Filing 319
ORDER granting #307 Motion for Order of Sale. Signed by Judge Tena Campbell on 6/25/20 (alt)
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Filing 318
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 6/16/2020 re #307 MOTION for Order of Sale filed by Jonathan O. Hafen and #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank filed by Jonathan O. Hafen. All parties to the hearing appear telephonically in response to concerns over the COVID-19 pandemic. Counsel appear to argue the two motions identified above. The court hears first from Mr. Joseph Covey, counsel for the receiver, as to #307 Motion for Order of Sale. Mr. Covey provides the court with an update on the Receiver's efforts to this point in time and provides the court with information as to the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Properties. After hearing from Mr. Covey, the court is satisfied that all the requirements of the statute have been met. There have been no objections. Accordingly, the Motion for Order of Sale is GRANTED. The court next turns to #227 Motion for Turnover of $1.6 Million. The court hears from Mr. Covey as to the receiver's position regarding the turnover of funds. The court hears next from Mr. Michael Ericksen, counsel for Leland Jacobson and the Leland Jacobson Trust. The court notes that Mr. Jacobson, individually, and on behalf of the trust, oppose the motion. The court next hears rebuttal from Mr. Covey. The court has carefully reviewed all the materials provided relating to this motion and has heard argument. The court takes the motion under advisement.Attorneys for the Receiver: Mr. Joseph Covey, Cynthia D. Love and Jeffery A. Balls. Attorneys for Commodity Futures Trading Commission: Jennifer J. Chapin. Attorneys for the Utah Division of Securities: Jennifer R. Korb, Paula Faerber, Thomas Brady, Dave Hermansen and Francswai Grayson. Attorney for Zions Bancorporation: Steven T. Waterman. Attorney for Leland Jacobson and the Leland Jacobson Trust: Michael Erickson. Court Reporter: Laura Robinson.(cff)
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Filing 317
ERROR: NOT A REPLY TO MOTION - REPLY to Response to Motion re #311 MOTION for Leave to File Sealed Document re #310 Memorandum in Opposition to Motion filed by Receiver Jonathan O. Hafen. (Balls, Jeffery) Modified on 6/29/2020: error text added (alt) c
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Filing 316
ERROR: NOT THE RECEIVER'S DOCUMENT - REPLY to Response to Motion re #311 MOTION for Leave to File Sealed Document re #310 Memorandum in Opposition to Motion Evidentiary Objections and Sur-Reply filed by Receiver Jonathan O. Hafen. (Balls, Jeffery) Modified on 6/29/2020: error text added (alt)
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Filing 315
DOCKET TEXT ORDER granting #314 Motion for Leave to File Signed by Magistrate Judge Dustin B. Pead on 6/15/20. No attached document. (mjw)
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Filing 314
ERROR: NOT THE RECEIVER'S DOCUMENT - MOTION for Leave to File Evidentiary Objections and Sur-Reply filed by Receiver Jonathan O. Hafen. Motions referred to Dustin B. Pead. Attorney Jeffery A. Balls added to party Jonathan O. Hafen(pty:rc)(Balls, Jeffery) Modified on 6/29/2020: added error text (alt)
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NOTICE FROM THE COURT: Call in instructions for hearing on 6/16 at 10:00 a.m.: CALL IN INSTRUCTIONS:In advance of the call, counsel are required to provide contact information to Christine Ford at [email protected] in case there are technical difficulties during the call.For the hearing, please follow these call-in instructions:1. At 9:55 A.M. the judge's courtroom deputy will initiate the conference call as the host. 2. All parties will join the call at the set hearing time (10:00 a.m.). 3. To join the call, please call 888-684-8852.4. Enter the Access Code 5436751 and press #. 5. Enter Security Code 1234.If the conference call has not been activated by the court, you will be placed on hold. Once the call is activated, you will be prompted to enter the security code (1234) followed by the # key. You must either accept (press 1) or re-enter the security code (press 2). The security code needs to be entered only once unless it is entered incorrectly the first time.6. At the beginning of the telephonic hearing, Judge Campbell will explain how the hearing will proceed, including asking defense counsel how much time they need to communicate privately with their client before the court resumes the hearing.Court interpreters (if needed) will receive call-in instructions for the hearing. (cff)
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Filing 313
DOCKET TEXT ORDER granting #311 Motion for Leave to File Sealed Document Signed by Magistrate Judge Dustin B. Pead on 6/12/20. No attached document. (mjw)
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Filing 312
ERROR: NOT THE RECEIVER'S DOCUMENT/NOT FORMATTED IN COMPLIANCE WITH DUCivR 10 - **SEALED DOCUMENT** re #310 Memorandum in Opposition to Motion, filed by Receiver Jonathan O. HafenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Covey, Joseph) Modified on 6/29/2020: added error text (alt)
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Filing 311
ERROR: NOT THE RECEIVER'S DOCUMENT - MOTION for Leave to File Sealed Document re #310 Memorandum in Opposition to Motion, filed by Receiver Jonathan O. Hafen. Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 6/29/2020: error text added (alt)
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Filing 310
ERROR: NOT THE RECEIVER'S DOCUMENT - MEMORANDUM in Opposition re #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted), #6 Exhibit F, #7 Exhibit G)(Covey, Joseph) Modified on 6/29/2020: error text added (alt)
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Filing 309
REPLY to Response to Motion re #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Covey, Joseph)
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Filing 308
NOTICE OF HEARING ON MOTION re: #307 MOTION for Order of Sale : (Notice generated by Chris Ford) Motion Hearing set for 6/16/2020 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. This motion will be heard at the same time plaintiff's #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank is heard. (cff)
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Filing 307
MOTION for Order of Sale filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order)(Covey, Joseph)
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Filing 306
ORDER Sustaining the Objection of Andrew and Tally Johnson and Authorizing the Receiver to Return Seventy-Eight Gold Coins to the Johnsons. Signed by Judge Tena Campbell on 5/8/20 (alt)
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Filing 305
RESPONSE to Objection of Andrew and Tally Johnson filed by Jonathan O. Hafen. (Attachments: #1 Exhibit A - Johnsons' Supplemental Submission, #2 Exhibit B - RRC Quote, #3 Exhibit C - Wire Transfer, #4 Exhibit D - A-Mark Order, #5 Exhibit E - Letter to A-Mark)(Love, Cynthia)
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Filing 304
NOTICE OF DEFICIENCY re #303 Reply Brief. The document is not a Reply to an Order, it is a Response to something that may not have been filed in the case. The document was also not separated into a main document and attachment but instead incorrectly filed as a single 103-pg image. The clerk requests the filer of the original document to refile the pleading using the "Response (NOT to Motion)" filing event with the main document separated from clearly identified attachment(s). The new entry will receive a new document number on the docket. (alt)
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Filing 303
RE-FILED AS #305 RESPONSE - REPLY BRIEF re #294 Order on Motion for Miscellaneous Relief, Receiver's Response to Supplemental Submission of Andrew and Tally Johnson filed by Receiver Jonathan O. Hafen. (Love, Cynthia) Modified on 5/11/2020: added refiling info (alt)
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Filing 302
ORDER Establishing Objection Procedure. Signed by Judge Tena Campbell on 4/30/20 (alt)
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Filing 301
STATUS REPORT SIXTH QUARTERLY by Jonathan O. Hafen. (Attachments: #1 Exhibit Exhibit A - Receipts and Disbursements, #2 Exhibit Exhibit B - Updated List of Claimants)(Covey, Joseph)
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Filing 300
Motions No Longer Referred: #298 MOTION to Approve Proposed Distribution Plan (cff)
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Filing 299
AMENDED NOTICE OF HEARING ON MOTION re: #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank : (Notice generated by chambers) Motion Hearing RESET for 6/16/2020 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. ***PLEASE NOTE NEW DATE ONLY*** (cff)
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Filing 298
MOTION to Approve Proposed Distribution Plan and Memorandum in Support filed by Receiver Jonathan O. Hafen. Motions referred to Dustin B. Pead.(Love, Cynthia) Modified on 4/24/2020: corrected entry text (alt)
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Filing 297
NOTICE OF WITHDRAWAL OF COUNSEL of Brenda E. Weinberg filed by Brenda E. Weinberg on behalf of Joshua Daniel Rust (Weinberg, Brenda)
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Filing 296
AMENDED NOTICE OF HEARING ON MOTION re: #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank : Motion Hearing RESET for 5/4/2020 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. ****PLEASE NOTE DATE CHANGE ONLY***(Notice generated by chambers) (cff)
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Filing 294
ORDER granting #168 Motion for Permission to Liquidate and Abandon Inventory of Rust Rare Coin. The Receiver is authorized to liquidate the remaining inventory of Rust Rare Coin that is not otherwise specifically addressed in the order. Signed by Judge Tena Campbell on 3/12/20 (alt)
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Filing 293
ORDER granting #292 Motion for Fifth Interim Fee Payment. Signed by Magistrate Judge Dustin B. Pead on 3/10/20 (alt)
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Filing 292
MOTION for Fifth Interim Fee Payment and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Time Records of Receiver, #2 Exhibit B - Time Records of Parr Brown, #3 Exhibit C - Time Records of BRG, #4 Exhibit D - Time Records of Conflicts Receiver and Counsel, #5 Exhibit E - Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 3/10/2020: corrected relief and entry text (alt)
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Filing 295
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 2/25/2020 re #168 MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. filed by Jonathan O. Hafen. Counsel are present and the court hears from Ms. Love, attorney for the receiver, as to the present status of the inventory, real and personal, from Rust Rare Coin. The court also hears from those objectors who were present. After hearing from counsel and for the reasons discussed during the hearing, the court asks Ms. Cynthia Love to submit a proposed order for the court to approve.Counsel for the Receiver: Mr. Joe Covey, Ms. Cynthia Love. Receiver: Jonathan Hafen. Court Reporter: Patti Walker.(cff)
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Filing 291
ORDER granting #284 Motion for Hearing to Confirm Private Sale of Main Street Property in Homer, Alaska. Signed by Judge Tena Campbell on 2/25/2020. (jds)
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Filing 290
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 2/25/2020 re #284 MOTION for Hearing to Confirm Private Sale of Main Street Property in Homer, Alaska filed by Jonathan O. Hafen. Counsel present and the court hears from Mr. Joe Covey, attorney for the Receiver, as to the present status of the assets of Rust Rare Coin. The Receiver has filed a motion to confirm the sale of Main Street Property in Homer, Alaska. There has been no objection to the sale. After hearing from counsel for the Receiver and finding that the Receiver has complied with all statutory prerequisites, the court GRANTS the motion. Attorney for Receiver: Joseph Covey. Court Reporter: Patti Walker.(cff)
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Filing 289
NOTICE OF HEARING ON MOTION re: #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank : (Notice generated by chambers) Motion Hearing set for 3/25/2020 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 288
ERRATA to #287 Status Report, filed by Receiver Jonathan O. Hafen . (Attachments: #1 Exhibit B - Claim Form Registry)(Covey, Joseph)
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Filing 287
STATUS REPORT Receiver's Fifth Quarterly Status Report for the period of October 1, 2019 to December 31, 2019 by Jonathan O. Hafen. (Attachments: #1 Exhibit A - Receipts and Disbursements, #2 Exhibit B - Claim Form Registry)(Covey, Joseph)
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Filing 286
NOTICE OF HEARING ON MOTION re: #284 MOTION for Hearing to Confirm Private Sale of Main Street Property in Homer, Alaska : (Notice generated by chambers) Motion Hearing set for 2/25/2020 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 285
Motions No Longer Referred: #284 MOTION for Hearing to Confirm Private Sale of Main Street Property in Homer, Alaska (mjw)
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Filing 284
MOTION for Hearing to Confirm Private Sale of Main Street Property in Homer, Alaska filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Reliant Appraisal, #3 Exhibit C - Rikrland Valuation Services Appraisal, #4 Exhibit D - Alaska Appraisal & Consulting Group Appraisal, #5 Exhibit E - Proof of Publication, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 283
CERTIFICATE OF SERVICE by Jonathan O. Hafen re 282 Notice of Hearing on Motion, #168 MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. , #281 Reply Memorandum/Reply to Response to Motion, (Covey, Joseph)
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Filing 282
NOTICE OF HEARING ON MOTION re: #168 MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. : (Notice generated by chambers) Motion Hearing set for 2/25/2020 at 11:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 281
REPLY to Response to Motion re #168 MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit in Support of Receiver's Reply)(Love, Cynthia)
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Filing 280
NOTICE of Claim Form and Claim Procedure Publication by Jonathan O. Hafen (Attachments: #1 Exhibit A - Nationwide Proof of Publication, #2 Exhibit B - Utah Proof of Publication, #3 Exhibit C - Northern, CA Proof of Publication, #4 Exhibit D - Southern, CA Proof of Publication, #5 Exhibit E - Idaho Proof of Publication, #6 Exhibit F - Arizona Proof of Publication, #7 Exhibit G - Wyoming Proof of Publication, #8 Exhibit H - New Mexico Proof of Publication) (Humphrey, Sarah)
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Filing 279
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 1/15/2020 re #272 MOTION for Hearing re to Confirm Private Sale of Huge Studios filed by Jonathan O. Hafen. Counsel are present and the court hears from Mr. Joe Covey and Ms. Sarah Humphrey, attorneys for the Receiver, as to the present status of the assets of Rust Rare Coin. The Receiver has filed a motion to confirm the sale of Huge Studios. There has been no objection to the sale. After hearing from counsel for the Receiver and finding that the Receiver has complied with all statutory prerequisites, the court GRANTS the motion. Attorneys for the Receiver: Joseph Covey and Sarah Humphrey. Court Reporter: Patti Walker.(cff)
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Filing 278
ORDER granting #272 Motion to Confirm Private Sale of Huge Studios. Signed by Judge Tena Campbell on 1/15/20 (alt)
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Filing 277
NOTICE of Appearance by Sarah M. Humphrey on behalf of Jonathan O. Hafen (Humphrey, Sarah)
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Filing 276
NOTICE OF HEARING ON MOTION re: #272 MOTION for Hearing re to Confirm Private Sale of Huge Studios : (Notice generated by chambers) Motion Hearing set for 1/15/2020 at 12:00 PM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 275
ORDER granting #274 Motion for Fourth Interim Fee Payments. Signed by Magistrate Judge Dustin B. Pead on 1/2/20 (alt)
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Filing 274
MOTION for Fourth Interim Fee Application filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Time Records of Receiver, #2 Exhibit B - Time Records of Parr Brown, #3 Exhibit C - Time Records of BRG, #4 Exhibit D - Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 273
Motions No Longer Referred: #272 MOTION for Hearing re to Confirm Private Sale of Huge Studios and Memorandum in Support (cff)
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Filing 272
MOTION for Hearing re to Confirm Private Sale of Huge Studios and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Appraisal Group LLC Appraisal, #3 Exhibit C - Colliers International Appraisal, #4 Exhibit D - Van Drimmelen & Associates Appraisal, #5 Exhibit E - Proof of Publication, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 271
ORDER granting #267 Motion to Authorize Receiver to enter into any Settlement Agreement in which the settlement amount is at least ninety percent of the claim amount reflected in the books and records of Receivership Defendants. Signed by Judge Tena Campbell on 12/11/19 (alt)
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Filing 270
ORDER granting #266 Motion to Approve Settlement Agreement with Shawn Olsen. Signed by Judge Tena Campbell on 12/11/19 (alt)
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Filing 269
REQUEST to Submit for Decision re #267 MOTION for Settlement and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Love, Cynthia)
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Filing 268
REQUEST to Submit for Decision re #266 MOTION for Settlement and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Love, Cynthia)
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Filing 267
MOTION for Settlement and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order Granting Motion for Settlement Authority)(Love, Cynthia)
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Filing 266
MOTION for Settlement and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Proposed Settlement Agreement, #2 Text of Proposed Order Granting Motion to Approve Settlement)(Love, Cynthia)
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Filing 265
ORDER granting #259 Motion to Approve the Sale of Master Recordings to Jeannine Goeckeritz. Signed by Judge Tena Campbell on 11/21/19 (alt)
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Filing 264
ORDER granting #254 Motion for Hearing to Confirm Private Sale of Victorian Property. Signed by Judge Tena Campbell on 11/14/19 (alt)
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Filing 263
NOTICE OF WITHDRAWAL OF COUNSEL of John Robinson filed by John Robinson, Jr on behalf of Joshua Daniel Rust (Robinson, John)
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Filing 262
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 11/8/2019 re #254 MOTION for Hearing re to Confirm Private Sale of Victorian Property filed by the Receiver Jonathan O. Hafen. Counsel are present and the court hears from Mr. Joe Covey and Ms. Cynthia Love, attorneys for the Receiver, as to the present status of the assets of Rust Rare Coin. The Receiver has filed a motion to confirm the sale of the Victorian Property. There was an objection to the motion filed by Keystone Real Estate Lending Fund and the court heard from Mr. Troy J. Aramburu, attorney for Keystone. Based on the parties' representation that they have reached an agreement, the court GRANTS the motion and the Receiver is to provide a revised order to the court. Attorneys for the Receiver: Mr. Joe Covey and Ms. Cynthia Love. Attorney for Keystone Real Estate Lending Fund: Mr. Troy Aramburu. Court Reporter: Becky Janke.(cff)
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Filing 261
MEMORANDUM in Opposition re #254 MOTION for Hearing re to Confirm Private Sale of Victorian Property and Memorandum in Support filed by Objector Keystone Real Estate Lending Fund. (Attachments: #1 Exhibit A.)(Aramburu, Troy)
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Filing 260
Motions No Longer Referred: #259 MOTION to Approve the Sale of Master Recordings to Jeannine Goeckeritz (cff)
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Filing 259
MOTION to Approve the Sale of Master Recordings to Jeannine Goeckeritz filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 258
STATUS REPORT Receiver's Fourth Quarterly Status Report by Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Covey, Joseph)
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Filing 257
NOTICE OF WITHDRAWAL OF COUNSEL of Jessica Stengel filed by Jessica Stengel on behalf of Gaylen Dean Rust (Stengel, Jessica)
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Filing 256
NOTICE OF HEARING ON MOTION re: #254 MOTION for Hearing re to Confirm Private Sale of Victorian Property: (Notice generated by chambers) Motion Hearing set for 11/8/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 255
Motions No Longer Referred: #254 MOTION for Hearing re to Confirm Private Sale of Victorian Property and Memorandum in Support (cff)
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Filing 254
MOTION for Hearing re to Confirm Private Sale of Victorian Property and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Golding Purchase Agreement, #2 Exhibit B - Colliers Appraisal, #3 Exhibit C - Aegis Appraisal, #4 Exhibit D - Van Drimmelen Appraisal, #5 Exhibit E - Proof of Publication, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 253
ORDER granting #251 Motion to Reappoint Jonathan O. Hafen as Receiver. Signed by Judge Tena Campbell on 10/9/19 (alt)
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Filing 252
Motions No Longer Referred: #251 MOTION to Appoint Receiver and Memorandum in Support (cff)
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Filing 251
MOTION to Appoint Receiver and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Love, Cynthia)
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Filing 250
ORDER granting #244 Motion to Appoint Wayne Klein as Conflicts Receiver. Signed by Judge Tena Campbell on 9/30/19 (alt)
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Filing 249
Motions No Longer Referred: #244 MOTION to Appoint Receiver and Memorandum in Support. The district judge will rule on the motion. (mjw)
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Filing 248
REQUEST to Submit for Decision re #244 MOTION to Appoint Receiver and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Love, Cynthia)
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Filing 247
ORDER granting #241 Motion to Approve Third Interim Fee Application. Signed by Magistrate Judge Dustin B. Pead on 9/26/19 (alt)
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NOTICE FROM THE COURT: #242 MOTION Leave to Pursue Ancillary Actions and Transfer Such Actions was terminated as moot upon entry of General Order 19-001, published on the Court's website (alt)
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Filing 246
REQUEST to Submit for Decision re #241 MOTION to Approve Third Interim Fee Application filed by Receiver Jonathan O. Hafen. (Covey, Joseph)
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Filing 245
STANDARD PROTECTIVE ORDER. Signed by Magistrate Judge Dustin B. Pead on 9/13/2019. (jwt)
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Filing 244
MOTION to Appoint Conflicts-Receiver and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Love, Cynthia)
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Filing 243
Motions No Longer Referred: #242 MOTION Leave to Pursue Ancillary Actions and Transfer Such Actions and Memorandum in Support (mjw)
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Filing 242
MOTION Leave to Pursue Ancillary Actions and Transfer Such Actions and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Love, Cynthia)
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Filing 241
MOTION to Approve Third Interim Fee Application filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Time Records of Receiver, #2 Exhibit B - Time Records of Parr Brown, #3 Exhibit C - Time Records of BRG, #4 Exhibit D - Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 240
Joint MOTION for Protective Order filed by Intervenor Zions Bancorporation. (Attachments: #1 Exhibit A - Standard Protective Order) Motions referred to Dustin B. Pead.(Waterman, Steven)
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Filing 239
ORDER granting #236 Receiver's Motion Seeking Approval of the Proposed Claim Procedures, Claim Deadline, and Claim Forms. The form and content of each of the proposed forms attached to the Motion as Exhibits A, B, and C are APPROVED; and The method of Publication Notice as described in the Motion is APPROVED. Signed by Judge Tena Campbell on 8/19/2019. (jds)
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Filing 238
Motions No Longer Referred: #236 MOTION Seeking Approval of the Proposed Claim Procedures, Claim Deadline, and Claim Forms and Memorandum in Support (cff)
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Filing 237
USCA Appeal Fees received $ 505 receipt number 4681087369 re #229 Notice of Appeal, filed by Tally Johnson, Andrew Johnson (jwt)
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Filing 236
MOTION Seeking Approval of the Proposed Claim Procedures, Claim Deadline, and Claim Forms and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Claim Forms, #2 Exhibit B - Bar Date Notice, #3 Exhibit C - Publication Notice, #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 235
ORDER granting #233 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Dustin B. Pead on 7/31/19 (alt)
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Filing 234
**SEALED DOCUMENT** re #232 Status Report filed by Receiver Jonathan O. HafenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B - List of Creditors)(Covey, Joseph)
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Filing 233
MOTION for Leave to File Sealed Document re #232 Status Report filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 232
STATUS REPORT Receiver's Third Quarterly Status Report (Redacted) by Jonathan O. Hafen. (Attachments: #1 Exhibit A - Schedule of Receipts and Disbursements, #2 Exhibit B - List of Creditors)(Covey, Joseph)
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Filing 231
USCA Case Number Case Appealed to Tenth Circuit Case Number 19-4100 for #229 Notice of Appeal, filed by Tally Johnson, Andrew Johnson. (dla)
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Filing 230
Transmission of Preliminary Record to USCA 10th Circuit re #229 Notice of Appeal. (Attachments: #1 Appendix)(jwt)
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Filing 228
Motions No Longer Referred: #227 MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank (cff)
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Filing 229
NOTICE OF APPEAL as to #214 Order on Motion to Intervene filed by Andrew Johnson, Tally Johnson. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 505. (Attachments: #1 Note re: Mailing, #2 Envelope)(jwt)
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Filing 227
MOTION for Turnover of $1.6 Million Interpled into the Court By Zions Bank filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - EMP Wire Out Data) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 226
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 7/15/2019 re #219 MOTION to Confirm Private Sale of Big Door Property filed by Jonathan O. Hafen. Mr. Joseph Covey, attorney for the receiver, appears. Mr. Covey provides the court with an update on the Receiver's efforts to this point in time and provides the court with information as to the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Properties. After hearing from Mr. Covey, the court is satisfied that all the requirements of the statute have been met and it will grant the Receiver's motion. The court executes the order. Mr. Covey advises the court that the Receiver will be providing a status report by the end of July which will detail present status of controversial property disposition, non controversial property, the inventory of Rust Rare Coin and the $1.6 million in the Zion's Bank account. The Receiver will be asking the court for approval to turn over the $1.6 million to the court but also notes that there will likely be objections to that motion and those objections will follow the normal course of notice and hearing. The court is also advised that there will likely be ancillary proceedings filed in the near future and asks that those ancillary proceedings be assigned to Judge Campbell. The court advises Mr. Covey that it will take steps to have those proceedings assigned to her. Attorney for Receiver: Joseph Covey. Court Reporter: Ed Young.(cff)
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Filing 225
ORDER granting #219 Motion to Confirm Private Sale of Big Door Property. Signed by Judge Tena Campbell on 7/15/19 (alt)
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Filing 224
ORDER granting #207 Motion to Approve Sale of The Writer's Den, LLC interest to Robert N. Rymer. Signed by Judge Tena Campbell on 7/5/19 (alt)
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Filing 223
NOTICE OF HEARING ON MOTION re: #219 MOTION for Hearing to Confirm Private Sale of Big Door Property : (Notice generated by chambers) Motion Hearing set for 7/15/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 221
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 19, 2019, before Judge Tena Campbell. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019 (alt) Modified by removing restricted text on 10/1/2019 (rgj).
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Filing 220
Motions No Longer Referred: #219 MOTION for Hearing to Confirm Private Sale of Big Door Property and Memorandum in Support (cff)
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Filing 219
MOTION for Hearing to Confirm Private Sale of Big Door Property and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Colliers International Appraisal, #3 Exhibit C - Appraisal Group LLC Appraisal, #4 Exhibit D - Van Drimmelen & Associates Appraisal, #5 Exhibit E - Proof of Publication, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 218
ORDER granting #213 Motion to Amend/Correct #77 Preliminary Injunction: the preliminary injunction shall be amended and modified to allow for Aleesha Rust Franklin to obtain access to her frozen bank account. Signed by Judge Tena Campbell on 7/1/19 (alt)
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Filing 217
ORDER granting #204 Motion for Settlement Approval: The Receiver is authorized to enter into the Settlement Agreement with Aleesha Rust Franklin. Signed by Judge Tena Campbell on 7/1/19 (alt)
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Modification of Docket re #204 MOTION for Settlement Approval re Aleesha Rust Franklin. Error: Filer selected incorrect motion relief, "Miscellaneous Relief". Correction: Motion relief has been corrected to "Settlement" and entry text also corrected. (alt)
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Filing 216
Motions No Longer Referred: #213 MOTION to Amend/Correct #77 Preliminary Injunction, Terminate Motions,, and Memorandum in Support (cff)
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Filing 214
ORDER denying Andrew Johnsons and Tally Johnsons #139 Motion to Intervene. Signed by Judge Tena Campbell on 6/26/19 (alt)
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Filing 213
MOTION to Amend/Correct #77 Preliminary Injunction,,, Terminate Motions,, and Memorandum in Support filed by Defendant Aleesha Rust Franklin. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Egan, Sean)
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Filing 215
DOCUMENT LODGED received from non-party (related motion to intervene has been denied). Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
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Filing 212
ORDER granting #188 Motion to Approve the Sale of Master Recordings to Sarah Clanton. Signed by Judge Tena Campbell on 6/25/19 (alt)
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Filing 211
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 6/19/2019 re #192 MOTION to Disapprove First Agreement re Private Sale of Receivership Property filed by Jonathan O. Hafen. Mr. Joseph Covey and Ms. Sarah Humphrey appear on behalf of the Receiver. Mr. Covey provides the court with an update on the Receiver's efforts to this point in time and provides the court with information as to the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Properties. After hearing from Mr. Covey, the court is satisfied that all the requirements of the statute have been met and it will grant the Receiver's motion. The court executes the order.Attorneys for the Receiver: Mr. Joseph Covey; Ms. Sarah Humphrey. Court Reporter: Ed Young.(cff)
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Filing 210
ORDER granting #192 Motion to Disapprove First Agreement and Approve Second Agreement re Private Sale of Receivership 'Sea Breeze' Property. Signed by Judge Tena Campbell on 6/19/19 (alt)
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Filing 209
ORDER granting #190 Motion to Confirm Appointment of Appraisers for Victorian Home. Signed by Magistrate Judge Dustin B. Pead on 6/19/19 (alt)
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Filing 208
Motions No Longer Referred: #207 MOTION to Approve Sale of The Writer's Den, LLC (cff)
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Filing 207
MOTION to Approve Sale of The Writer's Den, LLC filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 206
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Pioneer Title Agency, Inc. on 06/13/2019, filed by Receiver Jonathan O. Hafen. (Covey, Joseph)
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Filing 205
Motions No Longer Referred: #204 MOTION to Approve Settlement Agreement with Aleesha Rust Franklin. (cff)
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Filing 204
MOTION for Settlement Approval re Aleesha Rust Franklin filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 7/1/2019: corrected motion relief (alt)
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Filing 203
ORDER granting Receiver's #187 Motion for Second Interim Fee Payment Authorization. Signed by Magistrate Judge Dustin B. Pead on 6/10/19 (alt)
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Filing 202
NOTICE OF WITHDRAWAL OF COUNSEL of Jacob L. Fonnesbeck filed by Jacob L. Fonnesbeck on behalf of Sharyn Heiner (Fonnesbeck, Jacob)
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Filing 201
NOTICE OF WITHDRAWAL OF COUNSEL of D. Loren Washburn filed by D. Loren Washburn on behalf of Sharyn Heiner (Washburn, D.)
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Filing 200
CERTIFICATE OF SERVICE by Jonathan O. Hafen re 196 Notice of Hearing on Motion (Covey, Joseph)
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Filing 199
Modification of Docket re #194 Order on Motion. Error: Order image was not attached at time of filing. Correction: PDF of Order has been attached to the entry and is also attached to this entry so that all parties have a copy. (alt)
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Filing 198
ORDER granting #183 Motion re AK Leasehold Interest: the proposed sale of the Leasehold Interest is approved. Signed by Judge Tena Campbell on 6/5/19 (alt)
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Filing 197
ORDER granting #176 Motion for Hearing re St. George condo: the Receiver is authorized to sell the Property for $375,000 as set forth in the Motion. Signed by Judge Tena Campbell on 6/5/19 (alt)
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Filing 196
NOTICE OF HEARING ON MOTION re: #192 MOTION for Hearing re Private Sale of Receivership Property : (Notice generated by chambers) Motion Hearing set for 6/19/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 195
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 6/5/2019 re #172 MOTION for Hearing to Approve Private Sale of Receivership Property filed by Jonathan O. Hafen, #176 MOTION for Hearing re Confirm Private Sale of St. George Condo filed by Jonathan O. Hafen, #183 MOTION for Expedited Hearing to Approve Private Sale of Receivership Property filed by Jonathan O. Hafen. Mr. Joseph Covey appears on behalf of the Receiver, who provides the court with an update on the Receiver's efforts to this point in time and provides the court with information as to the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Properties and the appointment of appraisers. After hearing from the attorney for the Receiver, the court is satisfied that all the requirements of the statute have been met and it will grant the three (3) Receiver's motions. The court executes the orders. Another motion hearing is scheduled for 6/19/2019 at 10:00 a.m. and separate notice will be provided the parties. Court Reporter: Laura Robinson.(cff)
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Filing 194
ORDER granting #172 Motion re Carrollton, OH, Property: the Receiver is authorized to sell the Property for $48,500 as set forth in the Motion. Signed by Judge Tena Campbell on 6/5/19 (alt) (alt).
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Filing 193
Motions No Longer Referred: #192 MOTION for Hearing re Private Sale of Receivership Property and Memorandum in Support is no longer referred to the magistrate judge. The district judge will rule on the motion. (tmb)
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Filing 192
MOTION to Disapprove First Agreement re Private Sale of Receivership Property and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - First Agreement, #2 Exhibit B - Second Agreement, #3 Exhibit C - Reliant LLC Appraisal Report, #4 Exhibit D - RVS Appraisal Report, #5 Exhibit E - Alpenglow Appraisal Report, #6 Exhibit F - Notice, #7 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 6/19/2019: updated motion relief (alt)
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Filing 191
ORDER granting #175 Motion for Settlement: Settlement Agreement with David and Deborah Costanzo is approved. Signed by Judge Tena Campbell on 6/3/19 (alt)
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Filing 190
MOTION to Confirm Appointment of Appraisers for Victorian Home and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Colliers Engagement Letter, #2 Exhibit B - Aegis Engagement Letter, #3 Exhibit C - VanDrimmelen Engagement Letter, #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 189
Motions No Longer Referred: #188 MOTION to Approve the Sale of Master Recordings to Sarah Clanton no longer referred to the magistrate judge. The district judge rule on the motion. (tmb)
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Filing 188
MOTION to Approve the Sale of Master Recordings to Sarah Clanton filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 187
Second MOTION for Fee Application filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Time Records of Receiver, #2 Exhibit B - Time Records of Parr Brown, #3 Exhibit C - Time Records of BRG, #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 186
CERTIFICATE OF SERVICE by Jonathan O. Hafen re 185 Notice of Hearing on Motion, (Covey, Joseph)
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Filing 185
SECOND CORRECTED NOTICE OF HEARING ON MOTIONS The court will hear the following motions on 6/5/2019 at 10:00 a.m.: #172 MOTION for Hearing to Approve Private Sale of Receivership Property; #176 MOTION for Hearing re Confirm Private Sale of St. George Condo AND #183 MOTION for Expedited Hearing to Approve Private Sale of Receivership Property. Motion Hearing will be held in Rm. 3.400 before Judge Tena Campbell. (cff)
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Filing 184
Motions No Longer Referred: #183 MOTION for Expedited Hearing to Approve Private Sale of Receivership Property is no longer referred to the magistrate judge. The district judge will rule on the motion. (tmb)
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Filing 183
MOTION for Expedited Hearing to Approve Private Sale of Receivership Property and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Broker Letter, #3 Exhibit C - Reliant LLC Appraisal Report, #4 Exhibit D - AK Appraisal & Consulting Appraisal Report, #5 Exhibit E - RVS Appraisal Report, #6 Exhibit F - Notice, #7 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 182
ORDER granting #164 Motion to Approve Transfer of Funds to Jeff and Patricia Watson. The Receiver is authorized to transfer to the Watsons the $191,002.50 received by the Estate after the Freeze Order. Signed by Judge Tena Campbell on 5/21/19 (alt)
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Filing 181
NOTICE of Hearing on Motions by Jonathan O. Hafen re #172 MOTION for Hearing to Approve Private Sale of Receivership Property , #176 MOTION for Hearing re Confirm Private Sale of St. George Condo (Corrected) (Covey, Joseph)
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Filing 180
NOTICE of Hearing on Motions by Jonathan O. Hafen re #172 MOTION for Hearing to Approve Private Sale of Receivership Property , #175 MOTION To Approve Settlement Agreement with David and Deborah Costanzo (Covey, Joseph)
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Filing 179
CORRECTED NOTICE OF HEARING ON MOTIONS The court will hear the following motions on 6/5/2019 at 10:00 a.m.: #172 MOTION for Hearing to Approve Private Sale of Receivership Property and #176 MOTION for Hearing re Confirm Private Sale of St. George Condo. The court will not hear #175 at this time. (Notice generated by chambers) (cff)
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Filing 178
NOTICE OF HEARING ON MOTIONS re: #175 MOTION To Approve Settlement Agreement with David and Deborah Costanzo, #176 MOTION for Hearing re Confirm Private Sale of St. George Condo and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 6/5/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. These motions will be heard at the same time the court hears Dkt. 172 on 6/5. ***THE RECEIVER IS ORDERED TO PROVIDE NOTICE OF THIS HEARING TO ALL INTERESTED PARTIES*** (cff)
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Filing 177
Motions No Longer Referred: #176 MOTION for Hearing re Confirm Private Sale of St. George Condo and Memorandum in Support , #175 MOTION To Approve Settlement Agreement with David and Deborah Costanzo (cff)
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Filing 176
MOTION for Hearing re Confirm Private Sale of St. George Condo and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Morley Appraisal, #3 Exhibit C - R1 Appraisal, #4 Exhibit D - Blake Appraisal, #5 Exhibit E - Proof of Publication, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 175
MOTION for Settlement Agreement Approval as to David and Deborah Costanzo filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 6/3/2019: updated motion relief (alt)
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Filing 174
NOTICE OF HEARING ON MOTION re: #172 MOTION for Hearing to Approve Private Sale of Receivership Property : (Notice generated by chambers) Motion Hearing set for 6/5/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. ***THE RECEIVER IS ORDERED TO PROVIDE NOTICE OF THIS HEARING TO ALL INTERESTED PARTIES*** (cff)
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Filing 173
Motions No Longer Referred: #172 MOTION for Hearing to Approve Private Sale of Receivership Property. (cff)
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Filing 172
MOTION for Hearing to Approve Private Sale of Receivership Property filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - REPC, #2 Exhibit B - Patricia Miller Appraisal, #3 Exhibit C - Appraisal Comp Valuations Appraisal, #4 Exhibit D - Charles Snyder Appraisal, #5 Exhibit E - Notice of Sale, #6 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 171
NOTICE OF WITHDRAWAL OF COUNSEL of P. Matthew Cox filed by P. Matthew Cox (Limited Appearance) on behalf of Denise Gunderson Rust, Gaylen Dean Rust (Cox, P.)
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Filing 170
NOTICE OF WITHDRAWAL OF COUNSEL of Richard A. Van Wagoner filed by Richard A. Van Wagoner (Limited Appearance) on behalf of Denise Gunderson Rust, Gaylen Dean Rust (Van Wagoner, Richard)
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Filing 169
Motions No Longer Referred: #168 MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. (cff)
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Filing 168
MOTION for Permission to Liquidate and Abandon Inventory of Rust Rare Coin, Inc. filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Potential Consignment Arrangements, #2 Exhibit B - Appraisal Items, #3 Exhibit C - High Value Inventory List, #4 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 167
ORDER granting #161 Motion for Leave to File Sealed Document. Signed by Judge Tena Campbell on 5/6/19 (alt)
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Filing 166
Motions No Longer Referred: Interpleader MOTION to Resolve Competing Claims to Monies Held by Zions Bank #141 , MOTION for Leave to File Sealed Document #161 , and MOTION to Approve Transfer of Funds to Jeff and Patricia Watson #164 are no longer referred to the magistrate judge. The district judge will rule on the motions.(tmb)
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Filing 165
ORDER granting #155 Motion to Allow Summary Disposition Procedure to resolve disputes over certain Receivership Property (related to existing #82 Motion and #141 Motion). Signed by Judge Tena Campbell on 5/1/19 (alt)
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Filing 164
MOTION to Approve Transfer of Funds to Jeff and Patricia Watson filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Investment Agreement, #2 Exhibit B - Statement of Accounts, #3 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 163
Motions No Longer Referred: #155 MOTION To Allow Summary Disposition Procedure (cff)
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Filing 162
**SEALED DOCUMENT** re #160 Status Report, filed by Receiver Jonathan O. HafenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit D - List of Creditors)(Covey, Joseph)
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Filing 161
MOTION for Leave to File Sealed Document re #160 Status Report, filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 160
STATUS REPORT Receiver's Second Quarterly Status Report (Redacted) by Jonathan O. Hafen. (Attachments: #1 Exhibit A - Inventory List, #2 Exhibit B - List of Intellectual Property, #3 Exhibit C - Schedule of Receipts and Disbursements, #4 Exhibit D - List of Creditors)(Covey, Joseph)
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Filing 159
NOTICE of Appearance by Jessica Stengel on behalf of Gaylen Dean Rust (Stengel, Jessica)
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Filing 158
NOTICE of Appearance by Kristen R. Angelos on behalf of Gaylen Dean Rust (Angelos, Kristen)
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Filing 157
NOTICE of Appearance by Robert K. Hunt on behalf of Gaylen Dean Rust (Hunt, Robert)
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Filing 156
RESPONSE to Motion re #141 Interpleader MOTION to Resolve Competing Claims to Monies Held by Zions Bank filed by Receiver Jonathan O. Hafen. (Covey, Joseph)
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Filing 155
MOTION To Allow Summary Disposition Procedure filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 154
ORDER denying Sharyn Heiner's #115 Motion to Intervene on behalf of the David E. Gumbrecht Trust. Signed by Judge Tena Campbell on 4/15/19 (alt)
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Filing 153
ORDER granting #136 Motion for First Interim Fees Payment. Signed by Magistrate Judge Dustin B. Pead on 4/8/19 (alt)
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Filing 152
ERRATA to #136 Redacted MOTION for First Interim Fee Application Payment filed by Receiver Jonathan O. Hafen . (Attachments: #1 Exhibit D)(Covey, Joseph)
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Filing 151
ORDER denying without prejudice #107 Motion to Amend/Correct #54 Order Freezing Assets. Signed by Judge Tena Campbell on 4/4/19 (alt)
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Filing 150
CERTIFICATE OF SERVICE by Zions Bancorporation re #141 Interpleader MOTION to Resolve Competing Claims to Monies Held by Zions Bank (Waterman, Steven)
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Filing 149
ORDER granting #90 Motion to Stay; granting #92 Motion to Stay: This case is stayed until after entry of a guilty plea or a jury verdict of guilty in any criminal action brought by the U.S. Attorney. In the event there is no indictment issued within 6 months, the Court may consider lifting the stay upon stipulation or motion. Signed by Judge Tena Campbell on 3/20/19 (alt)
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Filing 148
ORDER granting #130 Motion to Approve Use of Brokers Price Opinions, Comparative Market Analyses, Restricted Appraisal Reports, or Similar Valuation Procedures, in Appraisal of Certain Commercial Properties. Signed by Magistrate Judge Dustin B. Pead on 3/20/19 (alt)
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Filing 147
ORDER granting #124 Motion to Confirm the Appointment of Appraisers and Approve Engagement of a Consultant for the Sale of Huge Studios. Signed by Magistrate Judge Dustin B. Pead on 3/20/19 (alt)
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Modification of Docket re #141 Interpleader MOTION to Resolve Competing Claims to Monies Held by Zions Bank. Error: Document requesting relief was filed only as "Interpleader". Correction: Per direction from Chambers, filing has been converted to Interpleader MOTION to Resolve Competing Claims to Monies Held by Zions Bank. (alt)
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Filing 146
REPLY to Response to Motion re #107 MOTION to Amend/Correct #54 Order filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit Exhibit A - Parcel Sketch)(Bugden, Walter)
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Filing 145
NOTICE OF FILING of Proposed Order Staying Civil Case Pending Outcome of Criminal Proceedings filed by Defendant Joshua Daniel Rust. (Weinberg, Brenda)
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Filing 144
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 3/14/2019 re #90 MOTION to Stay Civil Cases Pending Outcome of Criminal Proceedings filed by Gaylen Dean Rust and #92 MOTION to Stay filed by Joshua Daniel Rust. Counsel are present. A new proposed order has been prepared and reviewed with all counsel and edits made. The court reviews the proposed order with the edits and confirms that all counsel are in agreement with the proposed order. Ms. Weinberg will prepare a new proposed order with the edits and circulate it with counsel. The new proposed order is to be filed with the Court the morning of 3/15/19. Attorney for Commodity Futures Trading Commission: Thomas L. Simek. Attorneys for the State Division of Securities: Thomas M. Melton, Robert Wing, Jennifer Korb and Paula Faerber. Attorney for Denise Rust: Walter F. Bugden. Limited appearance on behalf of Galen Rust: Matthew P. Cox. Attorneys for Joshua Rust: Corey Drew Riley and Brenda Weinberg. Court Reporter: Ed Young.(cff)
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Filing 143
REPLY to Response to Motion re #115 MOTION to Intervene and Memorandum in Support filed by Movant Sharyn Heiner. (Fonnesbeck, Jacob)
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Filing 142
Motions No Longer Referred: #139 MOTION to Intervene is no longer referred to the magistrate judge. The district judge will rule on the motion. (tmb)
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Filing 141
INTERPLEADER MOTION to Resolve Competing Claims to Monies Held by Zions Bank filed by Zions Bancorporation. (Waterman, Steven) Modified on 3/20/2019: converted to motion per direction from Chambers (alt)
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Filing 140
ORDER granting #112 Motion to Intervene: Zions Bancorporation is allowed to intervene for the limited purpose of filing a motion to determine who is entitled to certain funds. Signed by Judge Tena Campbell on 3/12/19 (alt)
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Filing 138
NOTICE OF DEFICIENCY re #129 Stipulated MOTION to Appoint Expert Appraisers and Memorandum in Support. The document filed is not a motion but merely a stipulation regarding a previously filed motion. The clerk has terminated the faux-motion and reminds filers that only actual motions, petitions and/or applications requiring a decision by the court are to be filed using the "Motions" filing event. (alt)
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Filing 139
MOTION to Intervene and Memorandum in Support filed by Movants Andrew Johnson, Tally Johnson (Attachments: #1 Exhibits 1-3) Motion referred to Dustin B. Pead (alt)
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Filing 137
ORDER granting #106 Motion to Confirm Appointment of Appraisers; granting #108 Motion to Confirm Appointment of Appraisers; granting #109 Motion to Confirm Appointment of Appraisers; granting #110 Motion to Confirm Appointment of Appraisers; granting #111 Motion to Confirm Appointment of Appraisers. Signed by Magistrate Judge Dustin B. Pead on 3/8/19 (alt)
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Filing 136
Redacted MOTION for First Interim Fee Application Payment filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 135
NOTICE of Consent to Entry of Plaintiffs' Proposed Order by Denise Gunderson Rust, Gaylen Dean Rust re #90 MOTION to Stay Civil Cases Pending Outcome of Criminal Proceedings (Van Wagoner, Richard) Modified on 3/8/2019: corrected link (alt)
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Modification of Docket re #135 Notice (Other). Error: Filer linked entry to non-motion instead of underlying pending motion. Correction: Wrong link has been removed and entry linked instead to #90 Motion. Entry text has been corrected. (alt)
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Filing 134
ORDER sealing #120 MOTION for First Interim Fee Application Payment per the Court's Privacy Policy. Filer is to redact all personal identifiers in that document and re-file it. The refiled, redacted, motion will be the pending motion in the case. Signed by Judge Tena Campbell on 3/5/19 (alt)
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Filing 133
ORDER granting #131 Motion for Extension of Time to File Response/Reply re #107 MOTION to Amend/Correct #54 Order: Reply due by 3/18/2019. Signed by Judge Tena Campbell on 3/1/19 (alt)
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Filing 132
ORDER granting #131 Motion for Extension of Time to File Response/Reply. ORDERED that the defendant be permitted a 14-day extension to file a Reply toPlaintiff and Receivers Responses. The defendants Reply must be filed by March 18,2019. Signed by Judge Tena Campbell on 3/1/2019. (jds)
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Filing 131
MOTION for Extension of Time to File Response/Reply as to #122 Memorandum in Opposition to Motion, #121 Response to Motion, #107 MOTION to Amend/Correct #54 Order filed by Defendant Denise Gunderson Rust. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Bugden, Walter) Modified on 3/4/2019: corrected text (alt)
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Filing 130
MOTION To Approve Use Of Brokers Price Opinions, Comparative Market Analyses, Restricted Appraisal Reports, Or Similar Valuation Procedure, In Appraisal Of Certain Commercial Properties and Memorandum in Support filed by Receiver Jonathan O. Hafen. Motions referred to Dustin B. Pead.(Mouritsen, Stephen)
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Filing 129
ERROR: NOT A MOTION - Stipulated MOTION to Appoint Expert Appraisers and Memorandum in Support filed by Defendant Aleesha Rust Franklin. Motions referred to Dustin B. Pead.(Egan, Sean) Modified on 3/11/2019: added error text (alt)
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Filing 128
Motions No Longer Referred: #107 MOTION to Amend/Correct #54 Order (cff)
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Filing 127
MEMORANDUM in Opposition re #115 MOTION to Intervene and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit 1)(Covey, Joseph)
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Filing 126
CERTIFICATE OF SERVICE by Jonathan O. Hafen re #124 MOTION to Confirm Appointment of Appraisers and Approve Engagement of Consultant for Sale of Huge Studios and Memorandum in Support (Mouritsen, Stephen)
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Filing 125
Plaintiff's RESPONSE to Motion re #115 MOTION to Intervene and Memorandum in Support filed by Plaintiff State of Utah Division Securities. (Faerber, Paula)
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Filing 124
MOTION to Confirm Appointment of Appraisers and Approve Engagement of Consultant for Sale of Huge Studios and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Colliers International Engagement Letter, #2 Exhibit Appraisal Group Engagement Letter, #3 Exhibit Van Drimmelen Engagement Letter) Motions referred to Dustin B. Pead.(Mouritsen, Stephen)
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Filing 123
AFFIDAVIT/Declaration of D. Ray Strong in Support re #122 Memorandum in Opposition to Motion to Modify Order Freezing Assets filed by Jonathan O. Hafen. (Attachments: #1 Exhibit 1-8 (Part 1), #2 Exhibit 9-14 (Part 2), #3 Exhibit 15-17 (Part 3), #4 Exhibit 18-22 (Part 4))(Covey, Joseph)
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Filing 122
MEMORANDUM in Opposition re #107 MOTION to Amend/Correct #54 Order filed by Receiver Jonathan O. Hafen. (Covey, Joseph)
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Filing 121
Plaintiff's RESPONSE to Motion re #107 MOTION to Amend/Correct #54 Order filed by Plaintiff State of Utah Division Securities. (Korb, Jennifer)
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Filing 120
**SEALED** MOTION for First Interim Fee Application Payment filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Motions referred to Dustin B. Pead.(Covey, Joseph) Modified on 3/5/2019: Sealed per #134 Order (alt)
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Filing 119
AMENDED NOTICE OF HEARING ON MOTION re: 90 MOTION to Stay Civil Cases Pending Outcome of Criminal Proceedings filed by Galen Dean Rust and 92 MOTION to Stay filed by Joshua Daniel Rust : Motion Hearing set for 3/14/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. ***PLEASE DISREGARD EARLIER NOTICE*** HEARING WILL BEGIN AT 10:00 A.M. (cff)
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Filing 118
NOTICE OF HEARING ON MOTIONS re: #90 MOTION to Stay Civil Cases Pending Outcome of Criminal Proceedings filed by Galen Dean Rust and #92 MOTION to Stay filed by Joshua Daniel Rust : (Notice generated by chambers) Motion Hearing set for 3/14/2019 at 10:00 PM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 117
Motions No Longer Referred: #90 MOTION to Stay Civil Cases Pending Outcome of Criminal Proceedings, #92 MOTION to Stay , #115 MOTION to Intervene and #112 MOTION to Intervene. (cff)
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Filing 116
MEMORANDUM in Opposition re #111 MOTION To Confirm Appointment of Appraisers for 65299 Diamond Ridge Road, Homer, AK 99603 filed by Defendant Aleesha Rust Franklin. (Attachments: #1 Exhibit 1 - 3)(Egan, Sean)
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Filing 115
MOTION to Intervene and Memorandum in Support filed by Movant Sharyn Heiner. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Washburn, D.)
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Filing 114
MEMORANDUM in Support re #92 MOTION to Stay and Memorandum in Support filed by Defendant Joshua Daniel Rust. (Deiss, Andrew)
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Filing 113
REPLY to Response to Motion re #90 MOTION to Stay and Memorandum in Support Civil Cases Pending Outcome of Criminal Proceedings filed by Defendants Denise Gunderson Rust, Gaylen Dean Rust. Attorney Richard A. Van Wagoner added to party Denise Gunderson Rust(pty:dft)(Van Wagoner, Richard)
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Filing 112
MOTION to Intervene filed by Movant Zions Bancorporation. (Attachments: #1 Exhibit A to Motion to Intervene) Motions referred to Dustin B. Pead. Attorney Steven T. Waterman added to party Zions Bancorporation(pty:mov)(Waterman, Steven)
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Filing 111
MOTION To Confirm Appointment of Appraisers for 65299 Diamond Ridge Road, Homer, AK 99603 filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Alpenglow Appraisal Bid, #2 Exhibit B - Rikrland Valuation Appraisal Bid, #3 Exhibit C - Alaska Appraisal Group Bid) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 110
MOTION To Confirm Appointment of Appraisers for 4025 Homer Spit Road, Homer, AK 99603 filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Reliant LLC Appraisal Bid, #2 Exhibit B - Rikrland Valuation Appraisal Bid, #3 Exhibit C - Alaska Appraisal Group Bid) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 109
MOTION To Confirm Appointment of Appraisers for 1121 Seabreeze Court, Homer, Alaska 99603 filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Reliant LLC Appraisal Bid, #2 Exhibit B - Rikrland Valuation Appraisal Bid, #3 Exhibit C - Alaska Appraisal Group Bid) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 108
MOTION To Confirm Appointment of Appraisers filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - Reliant LLC, #2 Exhibit B - Rikrland Valuation Services, #3 Exhibit C - Alaska Appraisal Group) Motions referred to Dustin B. Pead.(Covey, Joseph)
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Filing 107
MOTION to Amend/Correct #54 Order filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit) Motions referred to Dustin B. Pead.(Bugden, Walter)
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Filing 106
MOTION to Confirm Appointment of Appraisers filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Blake Appraisals Signed Engagement Letter, #2 Exhibit Morley & McConkie Signed Engagement Letter, #3 Exhibit R1 Signed Engagement Letter) Motions referred to Dustin B. Pead.(Mouritsen, Stephen)
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Filing 105
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Dustin B. Pead. So ordered by Judge Tena Campbell on 2/7/19 (docket text only - no attached document) (alt)
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Filing 104
Plaintiff's RESPONSE to Motion re #90 MOTION to Stay and Memorandum in Support Civil Cases Pending Outcome of Criminal Proceedings, #92 MOTION to Stay and Memorandum in Support filed by Plaintiff Commodity Futures Trading Commission. (Attachments: #1 Text of Proposed Order)(Chapin, Jennifer)
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Filing 103
ORDER granting #82 Motion to Confirm Private Sale of Receivership Properties and Appoint Appraisers. A lien in the amount of $132,467.66 shall transfer to the proceeds of the sale of the Property to be held in a segregated account until the Receiver and the Lien Parties reach agreement on the disposition of such sale proceeds, or the Court so determines. Signed by Judge Tena Campbell on 2/1/19 (alt)
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Filing 102
ORDER granting #99 Motion for Leave to File Sealed Document re #98 Status Report. Signed by Judge Tena Campbell on 2/1/19 (alt)
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Filing 101
**SEALED DOCUMENT** SEALED EXHIBIT G TO #98 Status Report filed by Receiver Jonathan O. HafenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit G - Sealed Exhibit to Status Report)(Love, Cynthia) Modified on 2/1/2019: added descriptive text (alt)
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Modification of Docket re #82 MOTION to Confirm Private Sale of Receivership Properties and Appoint Appraisers MOTION to Expedite. Error: Motion requesting 2 possible reliefs was filed with only one, incorrect, relief selected. Correction: First relief has been corrected and second relief added. (alt)
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Modification of Docket re #100 Sealed Document. Error: Entry was linked incorrectly and the document attached was not formatted correctly. Correction: Sealed Document has been correctly refiled as #101 Sealed Document. (alt)
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Modification of Docket re #87 ADDENDUM to #82 Motion. Error: Document was filed as a Motion but is only a supplement to previously filed #82 Motion. Correction: Motion terminated and entry text altered to indicate that this is not a motion. (alt)
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Filing 100
CORRECTLY REFILED AS #101 SEALED DOCUMENT - **SEALED DOCUMENT** re #98 Status Report, #99 MOTION for Leave to File Sealed Document re #98 Status Report filed by Receiver Jonathan O. HafenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Love, Cynthia) Modified on 2/1/2019: added error text (alt)
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Filing 99
MOTION for Leave to File Sealed Document re #98 Status Report filed by Receiver Jonathan O. Hafen. Attorney Cynthia D. Love added to party Jonathan O. Hafen(pty:rc)(Love, Cynthia)
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Filing 98
STATUS REPORT of Receivership by Jonathan O. Hafen. (Love, Cynthia)
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Filing 97
NOTICE of Appearance by Stephen Clark Mouritsen on behalf of Jonathan O. Hafen (Mouritsen, Stephen)
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Filing 96
ORDER granting #95 Motion for Protective Order to Postpone Deposition of J. Rust. Signed by Judge Tena Campbell on 1/29/19 (alt)
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Filing 95
MOTION for Protective Order and Memorandum in Support Postponing Deposition filed by Defendant Joshua Daniel Rust. (Deiss, Andrew)
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Filing 94
DOCUMENT LODGED consisting of 30 pages received from non-party styled as "Motion to Quash Complaints..." Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
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Filing 93
DOCUMENT LODGED consisting of 5 pages received from non-party styled as "Notice By Right of Withdrawal...". Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
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Filing 92
MOTION to Stay and Memorandum in Support filed by Defendant Joshua Daniel Rust. (Deiss, Andrew)
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Filing 91
NOTICE of Appearance by Richard A. Van Wagoner on behalf of Gaylen Dean Rust (Van Wagoner, Richard)
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Filing 90
MOTION to Stay and Memorandum in Support Civil Cases Pending Outcome of Criminal Proceedings filed by Defendant Gaylen Dean Rust. (Cox, P.)
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Filing 89
NOTICE of Appearance by P. Matthew Cox on behalf of Gaylen Dean Rust (Cox, P.)
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Filing 88
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 1/28/2019 re #82 MOTION for Hearing re the Motion to Confirm Private Sale of Receivership Properties and to Appoint Appraisers and #87 Supplemental MOTION to Expedite Hearing to Confirm Private Sale of Receivership Properties and to Appoint Appraisers filed by Jonathan O. Hafen. Counsel are present. The court hears first from Mr. Hafen, the Receiver, who provides the court with an update on the Receiver's efforts to this point in time. The court next hears from Mr. Covey, attorney for the Receiver. He provides the court with information as to the procedures followed for providing notice to all interested parties as to the potential sale of Receivership Properties and the appointment of appraisers. The court hears from Mr. Bugden, attorney for Denise Rust, who advises the court that Ms. Rust continues to cooperate with the Receiver in providing information the Receiver may require. After hearing from the attorney for the Receiver, the court is satisfied that all the requirements of the statute have been met and it will grant the Receiver's motions. Counsel for the Receiver is to prepare a proposed order. Attorney for Receiver: Joe Covey. Attorney for Denise Rust: Walter Bugden. Receiver: Jonathan Hafen. Court Reporter: Patti Walker.(cff)
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Filing 87
DOCUMENT IS NOT A MOTION - Supplemental MOTION to #82 MOTION to Confirm Private Sale of Receivership Properties and Appoint Appraisers MOTION to Expedite filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Appraisal, #2 Exhibit Appraisal, #3 Exhibit Appraisal)(Covey, Joseph) Modified on 2/1/2019: added error text and link to related motion (alt)
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Filing 86
ORDER granting #84 Motion for Sale and Abandonment of Certain Assets. Signed by Judge Tena Campbell on 1/23/19 (alt)
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Modification of Docket re #84 MOTION to Expedite MOTION for Sale and Abandonment of Assets. Error: Motion requesting 2 possible reliefs was filed with only one relief selected so it was only a Motion to Expedite. Correction: Second relief, "Miscellaneous Relief", was added to the entry and relief described as "for Sale and Abandonment of Assets". (alt)
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Filing 85
ORDER re #84 MOTION to Expedite Sale and Abandonment of Assets: any objections to the sale or abandonment of the assets identified in the Motion must be filed with the court by 1/23/19, at 5:00 p.m. Mountain Time. Signed by Judge Tena Campbell on 1/18/19 (alt)
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Filing 84
MOTION to Expedite MOTION for Sale and Abandonment of Assets filed by Receiver Jonathan O. Hafen. (Covey, Joseph). Added MOTION for Miscellaneous Relief and corrected text on 1/23/2019 (alt)
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Filing 83
NOTICE OF HEARING ON MOTION re: #82 MOTION for Hearing re this Motion to Confirm Private Sale of Receivership Properties and to Appoint Appraisers : (Notice generated by chambers) Motion Hearing set for 1/28/2019 at 10:30 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 82
MOTION to Confirm Private Sale of Receivership Properties and Appoint Appraisers MOTION to Expedite filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Purchase Agreement)(Covey, Joseph). Added MOTION to Expedite and corrected existing motion relief and entry text on 2/1/2019 (alt)
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Filing 81
ERRATA to #63 Addendum filed by Plaintiff State of Utah Division Securities Exhibits to Declaration of Liz Blaylock. (Attachments: #1 Errata, #2 Errata, #3 Errata, #4 Errata, #5 Errata, #6 Errata, #7 Errata, #8 Errata, #9 Errata)(Faerber, Paula)
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Filing 80
ORDER denying DeYoung #79 Motion to Intervene. Signed by Judge Tena Campbell on 1/7/19 (alt)
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Remark: copy of #80 Order mailed to movant DeYoung (alt)
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Filing 79
MOTION to Intervene and Memorandum in Support filed by Movant Rulon-Frederick DeYoung (Attachments: #1 Appendix) (alt) (Additional attachment(s) added on 1/14/2019: #2 Appendix Clear copy of Appendix pages 9-12) (jwt).
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Filing 78
NOTICE of Intent to Serve Subpoena Duces Tecum to the Jockey Club Information Systems Inc. by Jonathan O. Hafen (McMurray, William)
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Filing 77
PRELIMINARY INJUNCTION against Aleesha Rust Franklin, and ORDER denying #60 MOTION for Release of Funds (Denise Gunderson Rust shall be allowed a one-time payment of $10,000 from the receivership estate, including the $5,000 that Denise Rust was allowed pursuant to the SRO Order). Discovery to begin immediately and Defendants and Relief Defendants must provide the Receiver with a written and verified accounting within 30 days of the 12/12/18 hearing. Signed by Judge Tena Campbell on 1/3/19 (alt)
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Filing 76
Aleesha Franklin's ANSWER to #56 Amended Complaint with Jury Demand filed by Aleesha Rust Franklin.(Egan, Sean)
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Filing 75
ANSWER to #56 Amended Complaint with Jury Demand filed by Denise Gunderson Rust.(Bugden, Walter)
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Filing 74
NOTICE of Filing Notices of Receivership Pursuant to 28 U.S.C. 754 by Jonathan O. Hafen (Covey, Joseph)
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Filing 73
CERTIFICATE OF SERVICE by State of Utah Division Securities of Proposed Order Entering Preliminary Injunction Against Aleesha Rust Franklin; Denying Denise Rust's Motion for Release of Funds; Ordering That Discovery May Proceed Immediately; and Ordering Defendants and Relief Defendants to Provide an Accounting Within 30 Days (Attachments: #1 Proposed Order)(Korb, Jennifer)
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Filing 72
NOTICE of Subpoena duces tecum by Jonathan O. Hafen (Love, Cynthia)
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Filing 71
NOTICE of Subpoena duces tecum by Jonathan O. Hafen (Love, Cynthia)
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Filing 70
ANSWER to #56 Amended Complaint with Jury Demand filed by Joshua Daniel Rust.(Deiss, Andrew)
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Filing 69
CONSENT PRELIMINARY INJUNCTION entered against Joshua Daniel Rust. Signed by Judge Tena Campbell on 12/12/18 (alt)
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Filing 68
Minute Entry for proceedings held before Judge Tena Campbell: Miscellaneous Hearing held on 12/12/2018. Counsel are present. Some appear telephonically. Ms. Aleesha Franklin is also appearing telephonically. The court heard from Mr. Jonathan Hafen, who provided an update on the Receiver's efforts to secure assets. The court then heard from Mr. Thomas Melton and Mr. Sean Egan on the continued freeze of Ms. Aleesha Franklin's assets. Counsel informed the court that Ms. Franklin was close to agreement on the terms of a preliminary injunction, and Ms. Franklin consented to a continuation of the present asset freeze until that time. For these reasons, the court converts the Statutory Restraining Order (SRO) against Ms. Franklin into a preliminary injunction. The court also heard argument from Mr. Walter Bugden and Mr. Melton on Ms. Denise Rust's Motion to Release Funds (ECF No. 60). For the reasons stated at the hearing, the court DENIES the Motion and orders that Ms. Rust be allowed a one-time payment of $10,000 to cover her living expenses and those of her husband. The court authorizes discovery to begin, and also orders that the Defendants and Relief Defendants provide an accounting to the Receiver pursuant to paragraph 33 of the SRO within thirty (30) days of the date of this hearing. Attorneys for Commodity Futures Trading Commission: Thomas L. Simek and Jennifer J. Chapin appear by telephone. Attorneys for the State Division of Securities: Thomas M. Melton, Robert Wing, Jennifer Korb and Paula Faerber.Attorney for Joshua Daniel Rust: Brenda Weinberg. Attorney for Aleesha Rust Franklin: Sean Egan. Attorney for the Receiver: Joe Covey. Receiver: Jonathan Hafen. Court Reporter: Becky Janke(cff)
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Filing 67
REPLY to Response to Motion re #60 MOTION for Release of Funds filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit Affidavit of Denise Rust)(Bugden, Walter)
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Filing 66
Joint MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff State of Utah Division Securities. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Consent to Prelim Inj)(Korb, Jennifer)
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Filing 65
NOTICE of Appearance by Sean N. Egan on behalf of Aleesha Rust Franklin (Egan, Sean)
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Filing 64
First RESPONSE to Motion re #60 MOTION for Release of Funds filed by Plaintiff State of Utah Division Securities. (Faerber, Paula)
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Filing 63
ADDENDUM to #62 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff State of Utah Division Securities Declaration. (Faerber, Paula)
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Filing 62
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Discovery and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff State of Utah Division Securities. (Attachments: #1 Exhibit Declaration and transcript, #2 Exhibit Declaration and Exhibits)(Faerber, Paula)
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Filing 61
CERTIFICATE OF SERVICE by Denise Gunderson Rust re #60 MOTION for Release of Funds (Bugden, Walter)
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Filing 60
MOTION for Release of Funds filed by Defendant Denise Gunderson Rust. (Attachments: #1 Exhibit Proposed Budget, #2 Text of Proposed Order)(Bugden, Walter)
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Filing 59
ORDER Continuing the #22 Statutory Restraining Order Against Relief Defendants Joshua Daniel Rust and Aleesha Rust Franklin, and Scheduling New Preliminary Injunction hearing as to Joshua Daniel Rust: 1) The SRO Order is continued and remains in full force and effect with respect to Relief Defendants Joshua Daniel Rust and Aleesha Rust Franklin, until further order of this Court; and 2) The Preliminary Injunction hearing as to Joshua Daniel Rust is continued to andscheduled for December 12, 2018, at 9:00 am, in Courtroom 3.400, before the Honorable Tena Campbell, at the United States Courthouse for the District of Utah, located at 351 S. West Temple, Salt Lake City, Utah 84101. Signed by Judge Tena Campbell on 12/7/18. (dla)
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Filing 58
CERTIFICATE OF SERVICE by State of Utah Division Securities of Proposed Order Extending SRO (Attachments: #1 Text of Proposed Order Extending SRO)(Faerber, Paula)
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Filing 57
CERTIFICATE OF SERVICE by Commodity Futures Trading Commission, State of Utah Division Securities re #56 Amended Complaint (Simek, Thomas)
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Filing 56
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by State of Utah Division Securities, Commodity Futures Trading Commission. (Simek, Thomas)
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Filing 55
NOTICE of Deposition of Joshua Rust by State of Utah Division Securities (Faerber, Paula)
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Filing 54
ORDER APPOINTING Jonathan O. Hafen, Esq. as Receiver for the estates of the Receivership Defendants and staying litigation. Signed by Judge Tena Campbell on 11/27/18 (alt)
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Filing 53
CONSENT ORDER OF PRELIMINARY INJUNCTION entered against Gaylen Dean Rust, Rust Rare Coin, R Legacy Entertainment, R Legacy Racing, and R Legacy Investments. Signed by Judge Tena Campbell on 11/27/18 (alt)
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Filing 52
CONSENT ORDER OF PRELIMINARY INJUNCTION entered against Denise Gunderson Rust. Signed by Judge Tena Campbell on 11/27/18 (alt)
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Filing 51
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 11/27/2018 re #4 MOTION for Preliminary Injunction filed by Commodity Futures Trading Commission, State of Utah Division Securities and #45 First MOTION for Preliminary Injunction and Appointment of Receiver filed by State of Utah Division Securities. Counsel are present. Plaintiffs' counsel told the court that defendants Galen Rust and Rust Rare Coin had stipulated to the entry of the Preliminary Injunction. Also, Relief Defendants Denise Gunderson Rust, R Legacy Entertainment LLC, R Legacy Racing, Inc., and R Legacy Investments have also stipulated to the entry of a Preliminary Injunction. Counsel for Mr. Joshua Rust told the court that with her clients permission, she sought leave for an extension of time to familiarize herself with the case. Accordingly, the court set a hearing for a Preliminary Injunction against Mr. Joshua Daniel Rust for 12/12/2018 at 9:00 a.m. in courtroom 3.400. The court heard testimony from the Receiver, Mr. Jonathan Hafen, who told the court, and those present in the courtroom, that the financial situation of the Defendants was bleak. Those counsel who joined the hearing via telephone today may appear again via telephone on 12/12/2018 at 9:00 a.m. by joining on one line and calling into the courtroom at (801) 907-4000. Attorneys for Commodity Futures Trading Commission: Thomas L. Simek and Jennifer J. Chapin appear by telephone. Attorneys for the State Division of Securities: Thomas M. Melton, Robert Wing, Jennifer Korb and Paula Faerber.Attorney for Gaylen Dean Rust and Rust Rare Coin, Inc.: Richard Van Wagoner and Matt Cox. Attorney for Joshua Daniel Rust: Brenda Weinberg. Attorney for Aleesha Rust Franklin: Eric Groves. Attorney for the Receiver: Joe Covey. Receiver: Jonathan Hafen. Court Reporter: Laura Robinson.(cff)
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Filing 50
Defendant's MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Discovery and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Joshua Daniel Rust. (Riley, Corey)
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Filing 49
NOTICE of Appearance by John Robinson, Jr on behalf of Joshua Daniel Rust (Robinson, John)
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Filing 48
NOTICE of Appearance by Brenda E. Weinberg on behalf of Joshua Daniel Rust (Weinberg, Brenda)
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Filing 47
NOTICE of Appearance by Corey Drew Riley on behalf of Joshua Daniel Rust (Riley, Corey)
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Filing 46
NOTICE of Appearance by Andrew G. Deiss on behalf of Joshua Daniel Rust (Deiss, Andrew)
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Filing 45
First MOTION for Preliminary Injunction and Appointment of Receiver filed by Plaintiff State of Utah Division Securities. (Attachments: #1 Text of Proposed Order Proposed PI Order, #2 Text of Proposed Order Proposed PI Order, #3 Text of Proposed Order Order appointing Receiver)(Faerber, Paula)
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Filing 44
CONSENT TO ENTRY of Entry of Preliminary Injunction and Appointment of Receiver Denise Rust filed by State of Utah Division Securities. (Faerber, Paula)
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Filing 43
CONSENT TO ENTRY of Preliminary Injunction and Appointment of Receiver filed by State of Utah Division Securities. (Faerber, Paula)
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Filing 42
NOTICE of Appearance by Walter F. Bugden on behalf of Denise Gunderson Rust (Bugden, Walter)
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Filing 41
ORDER granting #39 Motion for Authorization to Employ Accountants. Signed by Judge Tena Campbell on 11/21/18 (alt)
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Filing 40
ORDER granting #38 Motion to Authorize Employment of Counsel. Signed by Judge Tena Campbell on 11/21/18 (alt)
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Filing 39
MOTION for Authorization to Employ Accountants filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A - D. Ray Strong Resume, #2 Text of Proposed Order)(Covey, Joseph) Modified on 11/21/2018: corrected motion relief and entry text (alt)
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Filing 38
MOTION to Appoint Counsel filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order) Attorney Joseph Covey added to party Jonathan O. Hafen(pty:rc)(Covey, Joseph)
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Filing 37
ERRATA to #35 Summons Returned Executed, #31 Summons Returned Executed, #34 Summons Returned Executed, #36 Summons Returned Executed filed by Plaintiff Commodity Futures Trading Commission . (Chapin, Jennifer)
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Filing 36
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to R Legacy Racing served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 35
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to R Legacy Investments served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 34
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to R Legacy Entertainment served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 33
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to Joshua Daniel Rust served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 32
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to Denise Gunderson Rust served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 31
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to Rust Rare Coin served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 30
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Commodity Futures Trading Commission as to Gaylen Dean Rust served on 11/15/2018, answer due 12/6/2018. (Chapin, Jennifer)
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Filing 29
CERTIFICATE OF SERVICE by State of Utah Division Securities re #24 Deposition (Faerber, Paula)
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Filing 28
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service served on Gaylen Rust on November 17, 2018, filed by Plaintiff State of Utah Division Securities. (Faerber, Paula)
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Filing 27
NOTICE of Appearance by Thomas L. Simek on behalf of Commodity Futures Trading Commission (Simek, Thomas)
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Filing 26
NOTICE of Appearance by Jennifer Juniper Chapin on behalf of Commodity Futures Trading Commission (Chapin, Jennifer)
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Filing 25
NOTICE OF HEARING ON MOTION re: #4 MOTION for Preliminary Injunction: (Notice generated by chambers) Motion Hearing set for 11/27/2018 at 09:00 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 24
DEPOSITION of Gaylen Rust taken on November 20, 2018 filed by Plaintiff State of Utah Division Securities.(Faerber, Paula)
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Filing 22
ORDER granting #4 Motion for SRO; granting #4 Motion for Expedited Discovery and appointing a temporary receiver. Signed by Judge Tena Campbell on 11/15/18 (alt)
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Filing 21
DOCKET TEXT ORDER TO UNSEAL CASE. So ordered by Judge Tena Campbell on 11/15/18 (docket text only - no attached document) (alt)
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Filing 20
DOCKET TEXT ORDER granting #2 Motion to Seal Case. So ordered by Judge Tena Campbell on 11/13/18 (docket text only - no attached document) (alt)
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Filing 19
ORDER granting #3 Motion for Leave to File Overlength Motion. Signed by Judge Tena Campbell on 11/15/18 (alt)
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Filing 16
**RESTRICTED DOCUMENT** Summons Issued as to R Legacy Racing (alt)
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Filing 14
ORDER OF RECUSAL Judge Clark Waddoups recused. Case reassigned to Judge Tena Campbell for all further proceedings Signed by Judge Clark Waddoups on 11/13/2018. (jwt)
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Filing 13
ORDER OF RECUSAL Judge Bruce S. Jenkins recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Bruce S. Jenkins on 11/13/2018. (Attachments: #1 Mailing Certificate)(las)
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Filing 12
**RESTRICTED DOCUMENT**Summons Issued as to Rust Rare Coin. (jwt)
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Filing 11
**RESTRICTED DOCUMENT**Summons Issued as to R Legacy Investments. (jwt)
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Filing 10
**RESTRICTED DOCUMENT**Summons Issued as to R Legacy Entertainment. (jwt)
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Filing 9
**RESTRICTED DOCUMENT**Summons Issued as to Joshua Daniel Rust. (jwt)
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued as to Denise Gunderson Rust. (jwt)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued as to Gaylen Dean Rust. (jwt)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued as to Aleesha Rust Franklin. (jwt)
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Filing 5
NOTICE of Certification of Reasons Why Service Should Not Be Provided by Commodity Futures Trading Commission, State of Utah Division Securities re #1 Complaint, #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Discovery and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support. (jwt)
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Filing 4
MOTION for Temporary Restraining Order, MOTION for Expedited Discovery, MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Commodity Futures Trading Commission, State of Utah Division Securities. (Attachments: #1 Exhibit A - Declaration of Howard Hess, #2 Exhibit B - Declaration of Ray Strong (Part 1), #3 Exhibit B - Declaration of Ray Strong (Part 2), #4 Exhibit B - Declaration of Ray Strong (Part 3), #5 Exhibit B - Declaration of Ray Strong (Part 4), #6 Exhibit C - Declaration of Liz Blaylock, #7 Exhibit D - Declaration of David P. Costanzo, #8 Exhibit E - Declaration of Jason Henrikson, #9 Exhibit F - Declaration of Matt J. Flanagan, #10 Exhibit G - Declaration of Shane Housley, #11 Text of Proposed Order)(jwt)
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Filing 3
MOTION for Leave to File Overlength Motion filed by Plaintiffs Commodity Futures Trading Commission, State of Utah Division Securities. (Attachments: #1 Text of Proposed Order)(jwt)
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Filing 2
MOTION to Seal Case filed by Plaintiffs Commodity Futures Trading Commission, State of Utah Division Securities. (Attachments: #1 Text of Proposed Order)(jwt)
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Filing 1
COMPLAINT against Aleesha Rust Franklin, R Legacy Entertainment, R Legacy Investments, R Legacy Racing, Denise Gunderson Rust, Gaylen Dean Rust, Joshua Daniel Rust, Rust Rare Coin filed by State of Utah Division Securities, Commodity Futures Trading Commission. (Fee Status: Waived) (Electronic document provided on disc.) (Attachments: #1 Civil Cover Sheet) Assigned to Judge Bruce S. Jenkins (jwt)
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