Cohen Braffits Estates Development, LLC et al v. Shae Financial Group, LLC et al
| Cohen Braffits Estates Development, LLC and Braffits Creek Estates, LLC |
| Shae Financial Group, LLC, Southwest Utah Properties, LLC, Frank Allen, G Troy Parkinson and Sharon Allen |
| 4:2023cv00031 |
| April 21, 2023 |
| U.S. District Court for the District of Utah |
| Robert J Shelby |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 27
MOTION to Dismiss and Memorandum in Support and RULE 12(f) MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT filed by Defendants Frank Allen, Sharon Allen, G Troy Parkinson, Shae Financial Group, LLC, Southwest Utah Properties, LLC. (Attachments: #1 Exhibit A - 2022-01-12 Recorded Sheriff's Certificate of Sale, #2 Exhibit Ex. B - Declaration of Robert Allen with Exhibits, #3 Exhibit Ex. C - Lis Pendens Documents Combined - Cohen Braffits Estates)(Bronson, Glenn)
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Filing 26
ORDER granting #25 Motion for Leave to File Excess Pages. Defendants are authorized to file an overlength Motion to Dismiss not to exceed 30 pages. Signed by Judge Robert J. Shelby on 06/07/2023. (jl)
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Filing 25
MOTION for Leave to File Excess Pages and Memorandum in Support re Motion to Dismiss filed by Defendants Frank Allen, Sharon Allen, G Troy Parkinson, Shae Financial Group, LLC, Southwest Utah Properties, LLC. (Attachments: #1 Text of Proposed Order) Attorney Glenn R. Bronson added to party Frank Allen(pty:dft), Attorney Glenn R. Bronson added to party Sharon Allen(pty:dft), Attorney Glenn R. Bronson added to party G Troy Parkinson(pty:dft), Attorney Glenn R. Bronson added to party Shae Financial Group, LLC(pty:dft), Attorney Glenn R. Bronson added to party Southwest Utah Properties, LLC(pty:dft)(Bronson, Glenn)
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Filing 24
Summons Issued Electronically as to Frank Allen. 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. (ks)
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Filing 23
Summons Issued Electronically as to Sharon Allen. 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. (ks)
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Filing 22
AMENDED COMPLAINT against Frank Allen, G Troy Parkinson, Shae Financial Group, LLC, Southwest Utah Properties, LLC with Jury Demand. New Defendants: FRANK "TONY" ALLEN, an individual and in his capacity as trustee of the ALLEN FAMILY LIVING TRUST; SHARON ALLEN, in her capacity as co-trustee of the ALLEN FAMILY LIVING TRUST. Removed Defendants: FRANK "TONY" ALLEN, an individual and in his capacity as trustee of the FRANK ALLEN LIVING TRUST. filed by Cohen Braffits Estates Development, LLC, Braffits Creek Estates, LLC. (Spencer, Sarah)
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Filing 21
ORDER TO SHOW CAUSE. Plaintiffs are thus ORDERED to show cause by May 12, 2023, why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Robert J. Shelby on 04/27/2023. (jl)
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Filing 20
Summons Issued Electronically as to G Troy Parkinson. 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. (ks)
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Filing 19
Summons Issued Electronically as to Frank Allen. 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. (ks)
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Filing 18
Summons Issued Electronically as to Southwest Utah 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. (ks)
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Filing 17
Summons Issued Electronically as to Shae Financial Group, 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. (ks)
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Filing 16
Requested Summons as to G Troy Parkinson. (Spencer, Sarah)
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Filing 15
Requested Summons as to Frank Allen. (Spencer, Sarah)
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Filing 14
Requested Summons as to Southwest Utah Properties, LLC. (Spencer, Sarah)
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Filing 13
Requested Summons as to Shae Financial Group, LLC. (Spencer, Sarah)
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Filing 12
ORDER denying without prejudice #8 Motion for TRO Signed by Judge Robert J. Shelby on 4/26/2023. (chambers)
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Filing 11
EXHIBITS filed by Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC re #8 MOTION for Temporary Restraining Order and Memorandum in Support . (Attachments: #1 Exhibit 41 - Thornton's Initial Declaration, #2 Exhibit 42 - Thornton's Supplemental Declaration, #3 Exhibit 43 - 04-25-23 Declaration of Sarah Spencer, #4 Exhibit 44 - 04-25-23 Declaration of Abraham Kleinman, #5 Exhibit 45 - 11-26-13 LLC Operating Agreement, #6 Exhibit 46 - Agreement between Kleinman and Zohar, #7 Exhibit 47 - Nevada Bankruptcy Court Docket, #8 Exhibit 48 - 03-18-14 Declaration of James Fales (Nevada BK), #9 Exhibit 49 - (Nevada) Proposed Third Amended Plan of Reorganization, #10 Exhibit 50 - (Nevada) Order Approving Plan of Reorganization, #11 Exhibit 51 - Utah Appellate Court Dockets, #12 Exhibit 52 - Utah Appeal - Motion for Stay of Execution of Judgment, #13 Exhibit 53 - Case 20210448-CA Briefing, #14 Exhibit 54 - Case 20220422-CA Briefing, #15 Exhibit 55 - Order Consolidating Appellate Cases, #16 Exhibit 56 - 03-09-23 Order Setting Oral Argument on Consolidated Cases, #17 Exhibit 57 - 04-19-23 Notice of Oral Argument Date, #18 Exhibit 58 - Complaint in Related Iron County Case 150500065, #19 Exhibit 59 - Complaint in Related Iron County Case 189500126, #20 Exhibit 60 - Thornton Emails and Notes re Shae Financial Loan Due Diligence, #21 Exhibit 61 - Thornton Summary of Communications, #22 Exhibit 62 - Thornton Time Entries, #23 Exhibit 63 - Chase Bank Records, #24 Exhibit 64 - Southwest Utah Properties Registered Principal Search, #25 Exhibit 65 - Parcel Property Report, #26 Exhibit 66 - Notice of Pendency of Action (in Iron County Court), #27 Exhibit 67 - Letter Demanding Release of Lis Pendens, #28 Exhibit 68 - Response to Letter Demanding Release, #29 Exhibit 69 - Notice of Levy (from Iron County Sheriff), #30 Exhibit 70 - Shae Financial MSJ re Eighth Counterclaim)(Spencer, Sarah)
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Filing 10
EXHIBITS filed by Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC re #8 MOTION for Temporary Restraining Order and Memorandum in Support . (Attachments: #1 Exhibit 21 - 07-30-20 Summary Judgment Ruling, #2 Exhibit 22 - 08-08-20 Summary Judgment Ruling, #3 Exhibit 23 - Petitioner's Motion to Stay Summary Judgment, #4 Exhibit 24 - Memorandum Decision Denying CBED's Rule 54(b) Motion, #5 Exhibit 25 - Motion for Stay Pending Appeal, #6 Exhibit 26 - Motion for Stay of Execution, #7 Exhibit 27 - Motion to Set Aside Judgment, #8 Exhibit 28 - Transcript of Rule 60 Hearing, #9 Exhibit 29 - 04-08-22 Minute Ruling, #10 Exhibit 30 - Order Denying Rule 60 Motion, #11 Exhibit 31 - New York Lawsuit Docket, #12 Exhibit 32 - New York Complaint, #13 Exhibit 33 - New York Amended Complaint, #14 Exhibit 34 - Affidavit of Abe Kleinman, #15 Exhibit 35 - Deposition of Abraham Kleinman, #16 Exhibit 36 - Deposition of Richard Thornton, #17 Exhibit 37 - Deposition of Tony Allen, #18 Exhibit 38 - 06-15-2018 Affidavit of Kleinman, #19 Exhibit 39 - 08-17-2018 Supplemental Affidavit of Abraham Kleinman, #20 Exhibit 40 - Affidavit of Arthur Levine)(Spencer, Sarah)
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Filing 9
NOTICE OF FILING of Statement of Facts re #8 MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC. (Attachments: #1 Exhibit 1 - 2007 Appraisal of Braffits Mountain, #2 Exhibit 2 - 2014 Appraisal of Braffits Mountain, #3 Exhibit 3 - Shae Financial Loan Documents, #4 Exhibit 4 - Kennedy Note, Trust Deeds, #5 Exhibit 5 - New York Judgment, #6 Exhibit 6 - Notice of Default and Election to Sell, #7 Exhibit 7 - Iron County Judgment, #8 Exhibit 8 - Order Setting Bond Amount, #9 Exhibit 9 - Writ of Execution, #10 Exhibit 10 - Iron County Notice of Sale, #11 Exhibit 11 - Sheriff's Certificate of Sale, #12 Exhibit 12 - Trustee's Deed, #13 Exhibit 13 - Email from Counsel re Sale of Braffits Mountain, #14 Exhibit 14 - Case 180500059 Docket, #15 Exhibit 15 - Complaint and Exhibits, #16 Exhibit 16 - Findings of Fact, Conclusions of Law, #17 Exhibit 17 - Transcript for Preliminary Injunction, #18 Exhibit 18 - Amended Complaint, #19 Exhibit 19 - Order re Shae Financial Motion to Dismiss, #20 Exhibit 20 - Shae Financial's Counterclaim and Third-Party Complaint)(Spencer, Sarah)
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Filing 8
MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC. (Spencer, Sarah)
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Filing 7
ORDER granting #6 Motion for Leave to File Excess Pages Signed by Judge Robert J. Shelby on 4/25/2023. (mjm)
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Filing 6
MOTION for Leave to File Excess Pages and Memorandum in Support for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC. (Attachments: #1 Text of Proposed Order)(Spencer, Sarah)
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Filing 5
DOCKET TEXT ORDER OF RECUSAL: Judge David Nuffer recused. Case reassigned to Judge Robert J. Shelby for all further proceedings - case number is now 4:23cv00031 RJS. So ordered by Judge David Nuffer on 4/25/23 (docket text only - no document attached) (alt)
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Filing 4
NOTICE of Lis Pendens filed by Plaintiffs Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC (Spencer, Sarah)
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Filing 3
NOTICE OF DEFICIENCYre #1 Complaint. The filer indicated in the Complaint that they would be filing a Motion for Temporary Restraining Order. The Motion is required to be filed as a separate document. Motion for Temporary Restraining Order must be filed immediately or docket text will be modified and Judge assignment will be delayed. (haa)
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Judge David Nuffer added. Case number will now read 4:23-cv-00031-DN. Please make changes to document captions accordingly. (haa)
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Filing 2
NOTICE of Lis Pendens filed by Plaintiffs Braffits Creek Estates, LLC, Cohen Braffits Estates Development, LLC (Spencer, Sarah)
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Filing 1
COMPLAINT and Motion for Temporary Restraining Order to be filed separately against Frank Allen, G Troy Parkinson, Shae Financial Group, LLC, Southwest Utah Properties, LLC (Filing fee $ 402, receipt number AUTDC-4656637) filed by Cohen Braffits Estates Development, LLC, Braffits Creek Estates, LLC. (Attachments: #1 Civil Cover Sheet) (Spencer, Sarah)
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