Tomac et al v. Millcreek Commercial Properties, LLC et al
| Green Cove Investments, LLC, Benjamin Allen, royal west properties, JSGV Properties, LLC, John Kurtz, Thom Belchak, Ivan Warner, Quaking Aspen Properties, LLC, Windmill Properties II, LLC, Elizabeth Carlston, Janice Young, MaxHan Holdings, LLC, Colleen Overson, Lynn Kneedy, Joan Befort, Cheryl Tomac, Marjorie Reid and James A. Herbert |
| Millcreek Commercial Properties, LLC, Kevin Long, James Yeates, 13 Investments, LLC, Colliers International, Millrock Investment Fund 1 LLC, Brent Smith, Mark Machlis, Michael Bersie, Brian Martinez, Illeana Stocco, Scott Rutherford, Equity Summit Group, Elevated 1031, Stacie Stewart, Connie Greenawalt, Eastern 1031 Starker Exchange, LLP, Green Ivy Realty, Inc., Ashley Wolocatiuk, Paxton Pothier, Brandon Fugal, Jamie Anderson, Thomas Smith, Lew Cramer, Spencer Taylor, Jerald Adam Long, KKM Diagnostic Imaging Group and Neuromed |
| 2:2024cv00774 |
| October 14, 2024 |
| U.S. District Court for the District of Utah |
| Dustin B Pead |
| Contract: Other |
| 12 U.S.C. § 0022 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
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Filing 35
Summons Issued Electronically as to Brandon Fugal. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 34
Summons Issued Electronically as to Jamie Anderson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 33
Summons Issued Electronically as to Thomas Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 32
Summons Issued Electronically as to Paxton Pothier. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 31
Summons Issued Electronically as to Neuromed. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 30
Summons Issued Electronically as to Lew Cramer. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 29
Summons Issued Electronically as to KKM Diagnostic Imaging Group. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 28
Summons Issued Electronically as to Jerald Adam Long. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 27
Stipulated MOTION for Judicial Settlement Conference filed by Plaintiffs Benjamin Allen, Joan Befort, Thom Belchak, Elizabeth Carlston, Green Cove Investments, LLC, James A. Herbert, JSGV Properties, LLC, Lynn Kneedy, John Kurtz, MaxHan Holdings, LLC, Colleen Overson, Quaking Aspen Properties, LLC, Marjorie Reid, Royal West Properties, Cheryl Tomac, Ivan Warner, Windmill Properties II, LLC, Janice Young. (Anderson, Brett)
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Filing 26
AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: Lew Cramer, Brandon Fugal, Thomas Smith, Spencer Taylor, Jamie Anderson, Paxton Pothier, Jerald Adam Long, KKM Diagnostic Imaging Group, Inc., Neuromed Inc.. filed by John Kurtz, Royal West Properties, Joan Befort, Cheryl Tomac, Thom Belchak, Quaking Aspen Properties, LLC, Ivan Warner, Elizabeth Carlston, JSGV Properties, LLC, Windmill Properties II, LLC, Lynn Kneedy, Colleen Overson, Benjamin Allen, MaxHan Holdings, LLC, Green Cove Investments, LLC, Marjorie Reid, James A. Herbert, Janice Young. (Anderson, Brett)
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Filing 25
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiffs Benjamin Allen, Joan Befort, Thom Belchak, Elizabeth Carlston, Green Cove Investments, LLC, James A. Herbert, JSGV Properties, LLC, Lynn Kneedy, John Kurtz, MaxHan Holdings, LLC, Colleen Overson, Quaking Aspen Properties, LLC, Marjorie Reid, Royal West Properties, Cheryl Tomac, Ivan Warner, Windmill Properties II, LLC, Janice Young, Defendants Millrock Investment Fund 1 LLC, Brent Smith. (alf)
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Filing 24
WAIVER OF SERVICE Returned Executed filed by John Kurtz, Royal West Properties, Joan Befort, Cheryl Tomac, Thom Belchak, Quaking Aspen Properties, LLC, Ivan Warner, Elizabeth Carlston, JSGV Properties, LLC, Windmill Properties II, LLC, Lynn Kneedy, Colleen Overson, Benjamin Allen, MaxHan Holdings, LLC, Green Cove Investments, LLC, Marjorie Reid, James A. Herbert, Janice Young (Anderson, Brett)
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Filing 23
Summons Issued Electronically as to Michael Bersie. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 22
Summons Issued Electronically as to Michael Cruz. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 21
Summons Issued Electronically as to Scott Rutherford. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 20
Summons Issued Electronically as to Brent Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 19
Summons Issued Electronically as to Ashley Wolocatiuk. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 18
Summons Issued Electronically as to Kevin Long. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 17
Summons Issued Electronically as to James Yeates. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 16
Summons Issued Electronically as to Illeana Stocco. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 15
Summons Issued Electronically as to Connie Greenawalt. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 14
Summons Issued Electronically as to Brian Martinez. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 13
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 10/17/2024. (haa)
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Filing 12
Summons Issued Electronically as to Millrock Investment Fund 1 LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 11
Summons Issued Electronically as to Millcreek Commercial Properties, LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 10
Summons Issued Electronically as to Green Ivy Realty, Inc.. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 9
Summons Issued Electronically as to Colliers International. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 8
Summons Issued Electronically as to Elevated 1031. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 7
Summons Issued Electronically as to Equity Summit Group. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 6
Summons Issued Electronically as to 13 Investments, LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 5
Civil Cover Sheet (JS44) re #1 Complaint, Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance, filed by Benjamin Allen, Joan Befort, Thom Belchak, Elizabeth Carlston, Green Cove Investments, LLC, James A. Herbert, JSGV Properties, LLC, Lynn Kneedy, John Kurtz, MaxHan Holdings, LLC, Colleen Overson, Quaking Aspen Properties, LLC, Marjorie Reid, Royal West Properties, Cheryl Tomac, Ivan Warner, Windmill Properties II, LLC, Janice Young. (Anderson, Brett)
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Filing 4
NOTICE OF DEFICIENCY re #1 Complaint. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (kec)
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Filing 3
NOTICE OF DEFICIENCY re #2 Requested Summons. To issue the summonses you have to fill out the Court Forms located here: https://www.utd.uscourts.gov/sites/utd/files/AO_440.pdf Please fill one form out per each defendant and resubmit. Also, you can send the forms to the clerk's office for issuance. Our e-mail address is [email protected] (haa)
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Filing 2
Requested Summons as to All Defendants. (Anderson, Brett)
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Magistrate Judge Dustin B. Pead added. Case number will now read 2:24-cv-00774-DBP. Please make changes to document captions accordingly. (kec)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5213047) filed by John Kurtz, royal west properties, Joan Befort, Cheryl tomac, Thom Belchak, Quaking Aspen Properties, LLC, Ivan Warner, Elizabeth Carlston, JSGV Properties, LLC, Windmill Properties II, LLC, Lynn Kneedy, Colleen Overson, Benjamin Allen, MaxHan Holdings, LLC, Green Cove Investments, LLC, Marjorie Reid, James A. Herbert, Janice Young. (Anderson, Brett)
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