2:15-cv-00828-DN-EJF



2:15-cv-00828-DN-EJF -- USA vs RAPOWER-3, IAUS, LTB1, GREG SHEPARD, NELDON JOHNSON, ROGER FREEBORN


This lawsuit was filed by the United States of America (IRS/DOJ) on November 23, 2015. It is an attempt to enjoin Defendants, and any other person or persons in active concert or participation with them, from, among other things organizing, promoting, or selling the “solar energy scheme”, or any other plan or arrangement, that advises or assists customers to attempt to violate the internal revenue laws or unlawfully evade the assessment or collection of their federal tax liabilities … etc.

The case was originally named 2:15-cv-00828-DN-BCW. It was renamed after Magistrate Judge Brooke C. Wells (Initials “BCW”) recused herself and was replaced by Magistrate Judge Evelyn J. Furse (Initials “EJF”).


393

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/25/2018

392

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/24/2018

391

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/23/2018

390

DOJ email identifying/correcting admitted exhibits

389

DOJ email identifying/correcting admitted exhibits

388

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/20/2018

387

UNITED STATES’ BRIEF REGARDING ISSUES OF “TRADE OR BUSINESS” AND “PLACED IN SERVICE”

387-1

PLACED IN SERVICE LETTERS

387-2

PLACED IN SERVICE LETTERS

387-3

PLACED IN SERVICE LETTERS

387-4

Dr. Mancini Testimony (Excerpts)

386

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/19/2018

385

Updated Bench Trial Schedule

384

DEFENDANTS' MEMORANDUM REGARDING “PLACED IN SERVICE” AND “USED IN TRADE OR BUSINESS”

384-1

Testimony of Robert Rowbotham (excerpts)

383

Updated Bench Trial Schedule

382

DOCKET TEXT ORDER - Defendants witness Gary Peterson will not be permitted to testify.

381

UNITED STATES’ OPPOSITION TO DEFENDANTS’ PROFFER OF GARY PETERSON

381-1

Exhibit 449, IAS Supplemental Responses to US First Interrogatories

381-2

Exhibit 450, RaPower-3 Supplemental Responses to US First Interrogatories

381-3

Exhibit 451, Neldon Johnson Supplemental Responses to US First Interrogatories

381-4

Exhibit 452, LTB1 Supplemental Responses to US First Interrogatories

381-5

Exhibit 789, Defendants' Supplemented Production of Documents

381-6

Exhibit 833, Defendants' Joint Initial Disclosures

380

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/5/2018

379

Defendant's MEMORANDUM re 373 Order, Gary Peterson's Proffer of Testimony and Documents Upon Which He Will Rely

379-1

IAS 10-K 2009

379-2

IAS 10-K 2016

379-3

IAS 10-K 2014

379-4

IAS 10-K 2017

379-5

IAS 10-K 2010

378

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/4/2018

377

DOCKET TEXT ORDER - Defendants' 365 Motion in Limine to Strike Plaintiff's Summary Exhibits 734 - 741, 742(A), 742(B), and 750 ("Exhibits") is DENIED

376

DOCKET TEXT ORDER denying Defendants' 364 Motion in Limine to Strike Plaintiff's Summary Exhibit 752

375

UNITED STATES’ MEMORANDUM REGARDING PLAINTIFF’S BURDEN UNDER 26 U.S.C. §§ 6700 AND 7408

374

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/3/2018

373

DOCKET TEXT ORDER - Regarding Defendants' Amended Witness List, specifically as to Mr. Gary Peterson.

372

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/2/2018

371

DOCKET TEXT ORDER denying 362 Defendants' Motion in Limine to Limit the Testimony of Lemar Roulhoc

370

MEMORANDUM in Opposition re 365 Defendant's MOTION in Limine and Memorandum in Support DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 734, 735, 736, 737, 738, 739, 740, 741, 742(A), 742(B), AND 750 (AMANDA REINKEN)

370-1

Exhibit 734, Combined Gross Receipts

370-2

Exhibit 735, RaPower-3's Gross Receipts

370-3

Exhibit 736, R. Gregory Shepard's Gross Receipts

370-4

Exhibit 737, Neldon Johnson's Gross Receipts

370-5

Exhibit 738, IAS's Gross Receipts

370-6

Exhibit 739, SOLCO I, LLC's Gross Receipts

370-7

Exhibit 740, XSun Energy, LLC's Gross Receipts

370-8

Exhibit 741, Cobblestone Centre, LLC's Gross Receipts

370-9

Exhibit Summary of October 2017 Spreadsheet of Lens Transactions

370-10

Exhibit Summary of February 2018 Spreadsheet of Lens Trasnactions

370-11

Exhibit Defendants' Supplemented Production of Documents

369

DEFENDANTS' MEMORANDUM REGARDING PLAINTIFF'S BURDEN UNDER 26 USC §§ 6700 AND 7408

368

UNITED STATES’ OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO STRIKE PLAINTIFF’S SUMMARY EXHIBIT 752 (JOANNA PEREZ)

368-1

Tax Benefits Claimed

367

PRETRIAL ORDER

366

UNITED STATES’ OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO LIMIT THE TESTIMONY OF LAMAR ROULHAC AT TRIAL

366-1

Exhibit 791, Lamar Roulhac CV

366-2

Exhibit Email chain between counsel ending in email dated March 27, 2018

366-3

Exhibit Email chain between counsel ending in email dated March 29, 2018

366-4

Exhibit United States' Witness List

365

DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 752 (JOANNA PEREZ)DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT734, 735, 736, 737, 738, 739, 740, 741, 742(A), 742(B), AND 750 (AMANDA REINKEN)

365-1

Deposition of AMANDA REINKEN

364

DEFENDANTS' MOTION IN LIMINE TO STRIKE PLAINTIFF'S SUMMARY EXHIBIT 752 (JOANNA PEREZ)

364-1

Deposition of JOANNA PEREZ

363

DOCKET TEXT ORDER – taking under advisement 362 Motion in Limine. A three page response may be submitted up through Monday, April 2, 2018 at 6:00 p.m.

362

Defendants' MOTION in Limine and Memorandum in Support to Limit the Testimony of Lemar Roulhac at Trial

361

DOCKET TEXT ORDER – Ruling on Objections to Pretrial Deposition Designations (additional)

360

ORDER Ruling on Objections to Pretrial Deposition Designations. Signed by Judge David Nuffer on 3/30/18 (alt) (Entered: 03/30/2018)

359

DOCKET TEXT ORDER - Disgorgement rulings

358

DOCKET TEXT ORDER DENYING Defendants' request to exclude the use of deposition testimony in lieu of live witnesses at trial 347

357

UNITED STATES’ BRIEF IN RESPONSE TO DEFENDANTS’ MEMORANDUM TO EXCLUDE DEPOSITION TESTIONY

357-1

SUBPOENA TO TESTIFY AT A DEPOSITION (PacifiCorp)

357-2

Deposition of: PACIFICORP COMPANY through its designees, BRUCE GRISWOLD, KRISTOPHER BREMER and VERONICA WHITESMITH

357-3

UNITED STATES’ NOTICE OF WITNESS DEPOSITION

357-4

DECLARATION OF PACIFICORP

356

NOTICE VACATING STATUS CONFERENCE HEARING set for Thursday, March 29, 2018 at 1:30 p.m

355

DOCKET TEXT ORDER - 345 Motion to Unseal Exhibits is GRANTED.

354

DOCKET TEXT ORDER. Taking under advisement - 347 Defendants' Memorandum to Exclude the Use of Deposition Testimony in Lieu of Live Witnesses at Trial

353

REPLY to Response to Motion re 343 MOTION Modify Trial Subpoena and Memorandum in Support filed by Movant Todd Anderson.

352

Defendant's MEMORANDUM re 338 Order on Motion in Limine,, Memorandum Decision, MEMORANDUM REGARDING PROPER BASIS FOR DISGORGEMENT AND PARTIES RESPECTIVE BURDENS

351

Disgorgement Issues BRIEF filed by Plaintiff USA.

351-1

Exhibit List

351-2

Exhibit #25

351-3

Exhibit #38

351-4

Exhibit #40

351-5

Exhibit #128

351-6

Exhibit #208

351-7

Exhibit #325

351-8

Exhibit #355

351-9

Exhibit #356

351-10

Exhibit #463

351-11

Exhibit #490

351-12

Exhibit #495

351-13

Exhibit #496

351-14

Exhibit #497

351-15

Exhibit #507

351-16

Exhibit #531

351-17

Exhibit #540

351-18

Exhibit #646

351-19

Exhibit #647

351-20

Exhibit #648

351-21

Exhibit #649

351-22

Exhibit #650

351-23

Exhibit #743

351-24

Exhibit #744

351-25

Exhibit #745

351-26

Exhibit #748

351-27

Exhibit #752

350

DOCKET TEXT ORDER DENYING 343 Motion to Modify Trial Subpoena

349

DEFENDANTS' RESPONSE TO TODD AND JESSICA ANDERSONS’ MOTION TO MODIFY TRIAL SUBPOENA [DOC. 343]

348

UNITED STATES’ OPPOSITION TO TODD AND JESSICA ANDERSON’S MOTION TO MODIFY TRIAL SUBPOENA

347

DEFENDANTS' MEMORANDUM TO EXCLUDE THE USE OF DEPOSITION TESTIMONY IN LIEU OF LIVE WITNESSES AT TRIAL

346

Motions No Longer Referred: 345 MOTION to Unseal Document 331 Sealed Document, filed by USA, 246 Exhibits filed by USA, 245 Exhibits filed by USA and Memorandum in Support , 249 MOTION in Limine to Exclude "Expert" Testimony of Kurt Hawes and Richard Jameson, 343 MOTION Modify Trial Subpoena and Memorandum in Support , 290 MOTION for Attorney Fees re Motions to Compel, 250 MOTION in Limine to Exclude "Expert" Testimony of Neldon Johnson

345

UNITED STATES’ MOTION TO UNSEAL EXHIBITS

345-1

ORDER GRANTING UNITED STATES’ MOTION TO UNSEAL EXHIBITS (proposed)

344

DOCKET TEXT ORDER taking under advisement 343 Motion Modify Trial Subpoena.

343

MOTION TO MODIFY TRIAL SUBPOENA (Todd Anderson and Jessica Anderson)

343-1

DECLARATION OF TODD ANDERSON

342

Minute Entry for proceedings held before Judge David Nuffer: Final Pretrial Conference held on 3/19/2018

341

NOTICE of Appearance by Joshua D. Egan on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3

340

DOCKET TEXT ORDER denying 339 Motion for Leave to Appeal.

339

DEFENDANTS' MOTION TO CERTIFY AND AMEND THE ORDER DENYING DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY [DOC. 336] AND REQUEST TO STAY PROCEEDINGS

338

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ [319] MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING DAMAGES RELATING TO DISGORGEMENT OF FUNDS

337

DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION IN LIMINE (Doc. 319) TO EXCLUDE TESTIMONY REGARDING DAMAGES RELATING TO DISGOREMENT OF FUNDS

337-1

UNITED STATES’ INITIAL DISCLOSURES TO ALL DEFENDANTS

336

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ RULE 60(a) REQUEST FOR RELIEF BASED ON OVERSIGHT AND CONFIRMING ORDER DENYING TRIAL BY JURY

335

FINDINGS OF FACT AND CONCLUSIONS OF LAW (Defendants)

334

UNITED STATES’ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

333

DOCKET TEXT ORDER GRANTING 330 Motion for Leave to File Sealed Document.

332

UNITED STATES’ MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING DAMAGES RELATING TO DISGORGEMENT OF FUNDS

332-1

Deposition of Richard Jameson (excerpts)

332-2

ORAL DEPOSITION OF JOHN HOWELL

332-3

Supplement (unpublished case, SEC v. Razmilovic, Case No. CV-04-2276 (E.D. NY)

331

**SEALED DOCUMENT** re 329 Objections, filed by Plaintiff USA

330

UNITED STATES’ MOTION FOR LEAVE TO FILE PL. EXS. 742-A & 742-B UNDER SEAL

329

UNITED STATES’ MEMORANDUM IN OPPOSITION TO DEFENDANTS’ “OBJECTION TO PLAINTIFF’S PRETRIAL WITNESS LIST AND REQUEST TO STRIKE”

329-1

Summary of Lens Transactions From October 2017 Production (redacted)

329-2

Summary of Lens Transactions From February 16, 2018 (redacted)

329-3

United States' Production of Documents March 30, 2017

329-4

UNITED STATES’ INITIAL DISCLOSURES TO ALL DEFENDANTS

329-5

United States' Production of Documents May 15, 2017

329-6

UNITED STATES’ NOTICE OF DEPOSITION AND RESCHEDULED DEPOSITION (Jessica Anderson)

329-7

United States' Production of Documents September 15, 2017

329-8

UNITED STATES’ NOTICE OF WITNESS DEPOSITION (PacificCorp)

329-9

UNITED STATES’ NOTICE OF WITNESS DEPOSITION (Penn, Aulds, Howell)

328

UNITED STATES’ OBJECTIONS TO DEFENDANTS’ EXHIBIT LIST FOR TRIAL

328-1

SHEPARD'S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES' FIRST INTERROGATORIES TO R. GREGORY SHEPARD

328-2

INTERNATIONAL AUTOMATED SYSTEMS, INC.'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES TO INTERNATIONAL AUTOMATED SYSTEMS, INC.

328-3

RAPOWER-3, LLC'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES TO RAPOWER-3, LLC

328-4

NELDON JOHNSON'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES TO NELDON JOHNSON

328-5

LTB1, LLC'S, SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

328-6

UNITED STATES’ OBJECTIONS AND RESPONSES TO DEFENDANTS’ FIRST DISCOVERY REQEUSTS TO PLAINTIFF UNITED STATES

328-7

Thomas R. Mancini Expert Report

328-8

DEFENDANTS RAPOWER-3, LLC’S, INTERNATIONAL AUTOMATED SYSTEMS, INC.’S, LTB1, LLC’S, AND NELDON JOHNSON’S SUPPLEMENTED PRODUCTION OF DOCUMENTS

327

UNITED STATES’ OBJECTIONS AND COUNTER-DESIGNATIONS TO DEFENDANTS’ FED. R. CIV. P. 26(a)(3)(A)(ii) DISCLOSURE OF DEPOSITION COUNTER-DESIGNATIONS

326

DEFENDANTS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO REINSTATE TRIAL BY JURY

325

DEFENDANTS' RULE 60(a) REQUEST FOR RELIEF BASED ON OVERSIGHT

324

DOCKET TEXT ORDER - The briefing on the demand for jury trial has revealed a wide range of possibilities for measurement and proof of a disgorgement amount.

323

DOCKET TEXT ORDER taking under advisement [319] Motion in Limine.

322

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY

321

AMENDED NOTICE OF HEARING: Final Pretrial Conference reset for Monday, 3/19/2018 at 08:30 AM in Rm 3.100 before Judge David Nuffer. (time change only)

320

DEFENDANTS' NOTICE OF ERRATA RE: MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING DAMAGES RELATING TO DISGOREMENT OF FUNDS

320-1

Exhibit #752 - Tax Benefits Claimed

320-2

Exhibit #734 - Combined Gross Receipts 2008-2016

320-3

Exhibit #750 – Gross Receipts and Harm to Treasury

319

DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING DAMAGES RELATING TO DISGOREMENT OF FUNDS

318

MEMORANDUM DECISION AND ORDER DENYING [251] MOTION FOR PARTIAL SUMMARY JUDGMENT AND [252] MOTION TO FREEZE ASSETS AND APPOINT RECIEVER 290]

317

DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR EXPENSES AND FEES [Doc. 290]

316

UNITED STATES’ FED. R. CIV. P. 26(a)(3)(A)(ii) DEPOSITION DESIGNATION DISCLOSURE

315

UNITED STATES’ FED. R. CIV. P. 26(a)(3)(A)(iii) EXHIBIT LIST

314

UNITED STATES’ FED. R. CIV. P. 26(a)(3)(A)(i) WITNESS LIST

313

MEMORANDUM IN OPPOSITION TO UNITED STATES’ MOTION FOR REASONABLE EXPENSES AND ATTORNEYS’ FEES ASSOCIATED WITH MOTIONS TO COMPEL

313-1

Exhibit 1: Deposition of KENNETH W. BIRRELL (Vol 1)

313-2

Exhibit 2: Deposition of CODY MICHAEL BUCK

313-3

Exhibit 3: Deposition of KENNETH WAYNE OVESON

313-4

Exhibit 4: Deposition of DAVID MANTYLA

312

ORDER GRANTING THE UNITED STATES’ UNOPPOSED MOTION TO FILE PRETRIAL DISCLOSURES ON THE DOCKET NUNC PRO TUNC

311

WRITTEN ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

310

WRITTEN ORDER DENYING DEFENDANTS’ MOTION TO STRIKE THE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL

309

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY

309-1

UNITED STATES’ EXHIBIT LIST IN SUPPORT OF ITS OPPOSITION TO DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY

309-2

Exhibit #777 - Email from R. Gregory Shepard to undisclosed recipients re: "Ra3 Great Tool"

308

UNITED STATES’ UNOPPOSED MOTION TO FILE PRETRIAL DISCLOSURES ON THE DOCKET NUNC PRO TUNC

308-1

ORDER GRANTING THE UNITED STATES’ UNOPPOSED MOTION TO FILE PRETRIAL DISCLOSURES ON THE DOCKET NUNC PRO TUNC (proposed)

307

UNITED STATES’ DEPOSITION DESIGNATIONS FOR BRIAN ZELEZNIK

307-1

US Deposition Designations for BRIAN ZELEZNIK

306

UNITED STATES’ DEPOSITION DESIGNATIONS FOR R. GREGORY SHEPARD

306-1

US Deposition Designations for R. GREGORY SHEPARD

305

UNITED STATES’ DEPOSITION DESIGNATIONS FOR MIKE PENN

305-1

US Deposition Designations for MIKE PENN

304

UNITED STATES’ DEPOSITION DESIGNATIONS FOR PACIFICORP

304-1

US Deposition Designations for PACIFICORP

303

UNITED STATES’ DEPOSITION DESIGNATIONS FOR FRANK FREDERICK LUNN, IV

303-1

US Deposition Designations for FRANK FREDERICK LUNN, IV

302

UNITED STATES’ DEPOSITION DESIGNATIONS FOR NELDON JOHNSON

302-1

US Deposition Designations for Deposition of Neldon Johnson (vol. 1) taken June 28, 2017

302-2

US Deposition Designations for International Automated Systems, Inc. (Neldon Johnson, designee)

302-3

US Deposition Designations for Deposition of LTB1, LLC (Neldon Johnson, designee)

302-4

US Deposition Designations for Deposition of Neldon Johnson, vol. 2, taken October 3, 2017

302-5

US Deposition Designations for Deposition of RaPower-3, LLC (Neldon Johnson, designee)

301

UNITED STATES’ DEPOSITION DESIGNATIONS FOR JOHN HOWELL

301-1

US Deposition Designations for JOHN HOWELL

300

UNITED STATES’ DEPOSITION DESIGNATIONS FOR RICHARD HALVERSON

300-1

US Deposition Designations for RICHARD HALVERSON

299

UNITED STATES’ DEPOSITION DESIGNATIONS FOR PETER GREGG

299-1

US Deposition Designations for PETER GREGG

298

UNITED STATES’ DEPOSITION DESIGNATIONS FOR ROGER FREEBORN

298-1

US Deposition Designations for ROGER FREEBORN

297

UNITED STATES’ DEPOSITION DESIGNATIONS FOR ROBERT AULDS

297-1

US Deposition Designations for ROBERT AULDS

296

DEFENDANTS' OBJECTION TO PLAINTIFF'S PRETRIAL WITNESS LIST AND REQUEST TO STRIKE

295

DEFENDANTS’ OBJECTION TO EXHIBITS DESIGNATED IN PLAINTIFF’S RULE 26 PRETRIAL DISCLOSURES AND USE OF DEPOSITIONS IN LIEU OF LIVE TESTIMONY

294

DEFENDANTS' PRETRIAL DISCLOSURES

293

ORDER GRANTING THE UNITED STATES’ UNOPPOSED MOTION TO EXCEED PAGE LIMIT FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO REINSTATE TRIAL BY JURY (ECF NO. 292)

292

UNITED STATES’ UNOPPOSED MOTION TO EXCEED PAGE LIMIT FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO REINSTATE TRIAL BY JURY (ECF NO. 289)

292-1

ORDER GRANTING THE UNITED STATES’ UNOPPOSED MOTION TO EXCEED PAGE LIMIT FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO REINSTATE TRIAL BY JURY (ECF NO. 289) (proposed)

291

DOCKET TEXT ORDER taking under advisement [289] Motion in Limine. Response to Defendants' Motion in Limine shall be due on or before February 26, 2018. Signed by Judge David Nuffer on 02/20/2018. Docket Text Only. No attached document. (ms) (Entered: 02/20/2018)

290

UNITED STATES’ MOTION FOR REASONABLE EXPENSES & ATTORNEYS’ FEES ASSOCIATED WITH MOTIONS TO COMPEL

290-1

Email notice: UNITED STATES’ NOTICE OF NON-PARTY WITNESS DEPOSITIONS (BUCK, OVESON, MANTYLA)

290-2

List of United States' attorney expenses

290-3

ORDER GRANTING UNITED STATES’ MOTION FOR REASONABLE EXPENSES & ATTORNEYS’ FEES ASSOCIATED WITH MOTIONS TO COMPEL (proposed)

[247]

** Restriction Expired **

Transcript of Electronically-Recorded Hearing for Sanctions and Extension of Time to Complete Discovery

289

DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY

288

TRIAL ORDER with instructions to counsel: Final Pretrial Conference set for 3/19/2018 at 09:00 AM in Rm 3.100 before Judge David Nuffer. 10-Day Bench Trial set to begin 4/2/2018 at 08:00 AM in Rm 3.100 before Judge David Nuffer.

287

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 3/19/2018. 10 Day Bench Trial set to begin 4/2/2018

286

DEFENDANTS’ OBJECTION TO PLAINTIFF’S PROPOSED ORDER DENYING DEFENDANTS’ MOTION TO STRIKE THE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL

286-1

ORDER DENYING DEFENDANTS’ MOTION TO STRIKE THE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL (proposed)

285

DEFENDANTS’ OBJECTION TO PLAINTIFF’S PROPOSED ORDER DENYING DEFENDANTS MOTION DISMISS

285-1

ORDER DENYING DEFENDANTS’ MOTION DISMISS (proposed)

284

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 3/19/2018. 10 Day Bench Trial set to begin 4/2/2018

283

MEMORANDUM DECISION AND ORDER overruling objection and affirming Magistrate Judge's [235] Order on [226] Motion for Sanctions. Signed by Judge David Nuffer on 1/24/18

282

DOCKET TEXT ORDER deferring Plaintiff's Motion [249] to exclude “expert” testimony of Kurt Hawes and Richard Jameson, and order deferring Plaintiff's Motion [250] to exclude “expert” testimony of Neldon Johnson

281

DOCKET TEXT ORDER denying Defendants' Motion [257] to Dismiss

280

DOCKET TEXT ORDER denying Defendants' Motion [253] to strike the expert report of Thomas Mancini and exclude testimony at trial

279

UNITED STATES’ RESPONSE TO DEFENDANTS’ EVIDENTIARY OBJECTIONS ON ITS MOTION FOR PARTIAL SUMMARY JUDGMENT

279-1

UNITED STATES’ NOTICE OF WITNESS DEPOSITIONS

279-2

UNITED STATES’ NOTICE OF WITNESS DEPOSITION

278

UNITED STATES’ REPLY IN SUPPORT OF ITS MOTION TO FREEZE THE ASSETS OF DEFENDANTS NELDON JOHNSON, RAPOWER-3, LLC, AND INTERNATIONAL AUTOMATED SYSTEMS, INC. AND APPOINT A RECEIVER

277

UNITED STATES’ REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT

277-1

UNITED STATES’ EXHIBITS IN SUPPORT OF ITS REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT

277-2

Exhibit #23A - Anderson Law Center, P.C. Letter re: "Potential tax advantages"

277-3

Exhibit #355

277-4

Exhibit #358 - Letter from Kenneth W. Birrell of Kirton McConkie to Xsun Energy, LLC, attn Neldon Johnson, and signed by Neldon Johnson as CEO of International Automated Systems, Inc. re: "Legal Services Agreement"

277-5

Exhibit #361 - Email from Kenneth W. Birrell to Jason Clements re: "Generlized [sic] Documents" and attaching "Solar Lenses Purchase Agreement-4819-4563-0737 ver. 1.docx; Operation and Maintenance Agreement-4848-3530-9585 ver. 1.docx; Promissory Note-4814-26192401ver. 1.doc

277-6

Exhibit #362 - Email from Kenneth W. Birrell to Jason Clements re: "Generalized Documents" and attaching "Tax Issues Relating to Purchasing Solar Lenses Memo.pdf"

277-7

Exhibit #364 - Kirton McConkie invoices to Neldon Johnson of Xsun Energy, LLC for professional services rendered

277-8

Exhibit #479 - Kirton McConkie invoices to Neldon Johnson of Xsun Energy, LLC for professional services rendered

277-9

Exhibit #548 - Website capture from RaPower3 LLC.com: "Tax Attorney Opinion Letter"

277-10

Exhibit #580

277-11

Exhibit #703 – Deposition of Jessica Anderson

277-12

Exhibit #704 – Deposition of Kenneth W. Birrell (Vol 2)

276

UNITED STATES’ EXHIBIT INDEX IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF KURT HAWES AND RICHARD JAMESON

275

UNITED STATES’ EXHIBIT LIST IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF NELDON JOHNSON

274

UNITED STATES’ REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF NELDON JOHNSON

273

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

272

DEFENDANTS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO STRIKE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL

272-1

EXPERT WITNESS STATEMENT OF WORK - (Mancini)

271

UNITED STATES’ REPLY TO DEFENDANTS’ OPPOSITION TO MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF KURT HAWES AND RICHARD JAMESON

270

Motions No Longer Referred: [252] MOTION to Appoint Receiver to Freeze Assets of Dfts Neldon Johnson, RaPower-3, and International Automated Systems (ms) (Entered: 01/08/2018)

269

DEFENDANTS’ OPPOSITION TO UNITED STATES’ MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF NELDON JOHNSON

269-1

Exhibit “A” - Neldon Johnson Patents

268

OPPOSITION TO UNITED STATES’ MOTION TO FREEZE THE ASSETS OF DEFENDANTS NELDON JOHNSON, RAPOWER3, LLC, AND INTERNATIONAL AUTOMATED SYSTEMS, INC. AND APPOINT A RECEIVER

268-1

Exhibit #1 - 2013 Dept. of Energy Renewable Energy Data Book

267

DEFENDANTS’ NOTICE OF DEATH OF ROGER FREEBORN

266

DECLARATION OF NELDON JOHNSON IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 235)

265

DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. 251)

265-1

Exhibit #1 - List of N. Johnson Patents

265-2

Exhibit #2 - Excerpts from Dep. of Thomas R. Mancini

265-3

Exhibit #3 - Excerpts from Dep. of RaPower3

265-4

Exhibit #4 - Exhibit Excerpts from Dep. Todd F. Anderson

265-5

Exhibit #5 - Anderson Letter

265-6

Exhibit #6 - Excerpts from Dep. Jessica Anderson

265-7

Exhibit #7 - Excerpts from Dep. of Kenneth W. Birrell

265-8

Exhibit #8 - Excerpts from Dep. IAS Inc.

265-9

Exhibit #9 - Plaintiff's Exhibit 466

265-10

Exhibit #10 - Plaintiff's Exhibit 363

264

DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE TO EXCLUDE EXPERT TESTIMONY OF KURT HAWES AND RICHARD JAMESON (Doc. 249)

263

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE THE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL

263-1

Exhibit #15

263-2

Exhibit #699

263-3

Exhibit #700 - United States' Request to Enter onto Land for Inspection

263-4

Exhibit 1005 [Defendants' ]

263-5

Exhibit 1006 [Defendants' ]

262

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS

261

ORDER GRANTING, IN PART, DEFENDANTS’ MOTION TO EXTEND TIME FOR RESPONDING TO MOTIONS FILED ON NOVEMBER 17, 2017

260

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO EXTEND TIME FOR RESPONDING TO MOTIONS FILED ON NOVEMBER 17, 2017

260-1

Email to Judge Furse with AMENDED SCHEDULING ORDER of June 15, 2017

259

DEFENDANTS’ MOTION TO EXTEND TIME FOR RESPONDING TO MOTIONS FILED ON NOVEMBER 17, 2017

259-1

Notice of Electronic Filing [249]

259-2

Notice of Electronic Filing [250]

259-3

Notice of Electronic Filing [251]

259-4

Notice of Electronic Filing [252]

258

Motions No Longer Referred: [252] MOTION to Appoint Receiver and Memorandum in Support To Freeze Assets of Defendants Neldon Johnson, RaPower-3, LLC, and International Automated Systems, Inc. -- District Judge to handle the Motion.

257

DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

257-1

DECLARATION OF PAUL JONES IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

256

UNITED STATES’ EXHIBITS IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT [503 - 697]

256-1

Exhibit #503 Correspondence from Roger A. Freeborn to R. Gregory Shepard

256-2

Exhibit #504 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 Convention Manual, attaching "2012 RA3 Convention Manual.pdf" and "Untitled attachment 02279.txt"

256-3

Exhibit #509 Disc with video clips from the site visit to Delta Installation

256-4

Exhibit #511 Equipment Purchase agreement between RaPower-3, LLC and Preston Olsen for PFO Solar, LLC for 10 alternative energy systems

256-5

Exhibit #512 Operation and Maintenance Agreement between LTB, LLC and Preston Olsen, signed by Neldon Johnson as director of RaPower-3, LLC

256-6

Exhibit #520 Invoices from Plaskolite to International Automated Systems, Inc.

256-7

Exhibit #531 "IAUS Solar Unit Purchase Overview" Neldon Johnson, International Automated Systems, Inc., RaPower-3, LLC and/or LTB1, LLC

256-8

Exhibit #532 International Automated Systems, Inc. PowerPoint: Solar Equipment Purchase and "US Energy Policy 2005"

256-9

Exhibit #533 Equipment Purchase Agreement between International Automated Systems, Inc. and Roger A. Freeborn for 2 systems in Delta, UT

256-10

Exhibit #535 Copy of Solar contracts 2009.xls "Def Rev"

256-11

Exhibit #539 Screenshot of YouTube video: "RaPower3 - Neldon Johnson Explains the Solar Lens"

256-12

Exhibit #557 Email from R. Gregory Shepard to unknown recipients re: Ra3 LLC Great Audit Info and attaching "Five Acre Frito-Lay Heat.jpg"

256-13

Exhibit #558 Placed in service letter from RaPower-3, LLC to Lindsay Davis

256-14

Exhibit #579 Deposition of Neldon Johnson

256-15

Exhibit #581 Deposition of International Automated Systems, Inc.

256-16

Exhibit #666 Deposition of Richard Jameson (excerpts)

256-17

Exhibit #673 Deposition of LTB1, LLC

256-18

Exhibit #674 Website capture from rapower3.com.com: "Success Stories"

256-19

Exhibit #676 Website capture from rapower3.com: "rapower3.com Basics"

256-20

Exhibit #677 Website capture from rapower3.com: "Start Your Own rapower3.com Business"

256-21

Exhibit #678 United States' Requests for Admission to Roger A. Freeborn

256-22

Exhibit #679 Website capture from rapower3.com: "Order Lenses"

256-23

Exhibit #680 Website capture from rapower3.com: "Home System"

256-24

Exhibit #681 Deposition of Neldon Johnson, Vol. 2 (excerpts)

256-25

Exhibit #682 Deposition of RaPower-3, LLC

256-26

Exhibit #683 Deposition of John Howell (excerpts)

256-27

Exhibit #685 Deposition of R. Gregory Shepard

256-28

Exhibit #686 Deposition of Matthew Shepard (excerpts)

256-29

Exhibit #687 Deposition of Robert Aulds (excerpts)

256-30

Exhibit #688 Deposition of Roger A. Freeborn

256-31

Exhibit #689 Deposition of Peter C. Gregg (excerpts)

256-32

Exhibit #690 Deposition of Roger Halverson (excerpts)

256-33

Exhibit #693 Deposition of Frank F. Lunn (excerpts)

256-34

Exhibit #694 Deposition of Preston Olsen (excerpts)

256-35

Exhibit #695 Deposition of Robert Rowbotham (excerpts)

256-36

Exhibit #696 Deposition of Lynette Williams (excerpts)

256-37

Exhibit #697 Deposition of Brian Zeleznik (excerpts)

255

UNITED STATES’ EXHIBITS IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT [220-502]

255-1

Exhibit #220 Email from Roger A. Freeborn to undisclosed recipients re: Tax Free for 15

255-2

Exhibit #237 Email from Roger A. Freeborn to undisclosed recipients re: RaPower3 WEBINAR & UpDate

255-3

Exhibit #246 Email from Roger A. Freeborn to undisclosed recipients re: 06.22.2010 RaPower3 Update

255-4

Exhibit #249 Email from Roger A. Freeborn to Roger A. Freeborn re: FW: $1,000s in FREE Government Money for Your and attaching "1.Ra3 LLC Depreciation Dec.doc"

255-5

Exhibit #260 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 Update & Member Alert & attached photos

255-6

Exhibit #267 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 LLC Audit/Appeal News and attaching "Delta Photo.JPG" and "011.JPG"

255-7

Exhibit #270 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 LLC Convention and Update and attaching "Convention Tuesday.jpg"

255-8

Exhibit #279 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 New Oregon Audit Info.

255-9

Exhibit #282 Email from R. Gregory Shepard to undisclosed recipients re Ra3 IRS Audit/Appeal Info

255-10

Exhibit #292 Email from R. Gregory Shepard to Peter C. Gregg re: RaPower3 Team Memo #25

255-11

Exhibit #294 Email from Roger A. Freeborn to Peter C. Gregg re: Solar Energy $

255-12

Exhibit #297 Alternative Energy System Purchase Referral Fee Contract (BONUS) signed by Peter C. Gregg and Neldon Johnson as Managing Partner of RaPower3, LLC for 2 systems

255-13

Exhibit #323 Email from Roger A. Freeborn to Peter C. Gregg re: taxes

255-14

Exhibit #340 Email from R. Gregory Shepard re: Ra3 Audit Ammunition

255-15

Exhibit #341 Email from R. Gregory Shepard to unknown recipients re: Ra3 Audit/Appeal Great Stuff

255-16

Exhibit #348 Email from R. Gregory Shepard to [blank] re: Ra3 Audit/Appeal Info & Update, attaching "IRS Business Activities (1).docx"

255-17

Exhibit #352 Website capture from www.rapower3.com: "Your Revenue"

255-18

Exhibit #383 Letter from Neldon Johnson (of Rawpower) customers

255-19

Exhibit #412 Roger A. Freeborn's First Supplemental Response to United States' First Interrogatories

255-20

Exhibit #419 Website capture from rapower3.com: "Site Tours"

255-21

Exhibit #420 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 Construction Update and attaching "016.JPG," and "017.JPG"

255-22

Exhibit #424 Email from R. Gregory Shepard to Matthew Shepard re: 2nd email to Radio

255-23

Exhibit #425 Email from R. Gregory Shepard to Matthew Shepard re: October 2016 Newsletter

255-24

Exhibit #426 Email from R. Gregory Shepard to Matthew Shepard re: [Test] Welcome to the RaPower3 Team!

255-25

Exhibit #439 Email from R. Gregory Shepard re: Ra3 Closed Loop System for Audits, attaching "Ra CLOSED LOOP. . . .doc"

255-26

Exhibit #441 Website capture from http://rapower3.tumblr.com: "RaPower3 Solar Energy"

255-27

Exhibit #459 List of websites authenticated by R. Gregory Shepard

255-28

Exhibit #460 Screenshot photo of lens pallets from site visit Henderson Court Reporting Service

255-29

Exhibit #462 Equipment Lease Agreement between International Automated Systems, Inc. and R. Gregory Shepard

255-30

Exhibit #463 Independent Representative Agreement between International Automated Systems, Inc. and R. Gregory Shepard

255-31

Exhibit #464 Equipment Sublease Agreement between R. Gregory Shepard and LTB, LLC, for alternative energy system

255-32

Exhibit #465 Solar Lease Bonus Fee Contract between MJM Holdings and International Automated Systems, Inc.

255-33

Exhibit #468 Email chain between R. Gregory Shepard, Glenda Johnson, Mike-George Robbins, and Roger Hamblin re: Ra3: Mike Robbins

255-34

Exhibit #469 Email chain between Nicholas Kontos, R. Gregory Shepard, Glenda Johnson re: Tarika Sands Is not interested anymore

255-35

Exhibit #470 Transcript of hearing held June 13, 2013 before the Public Service Commission of Utah In the Matter of: the Application of Rocky Mountain Power for Approval of Changes to Renewable Avoided Cost Methodology for Qualifying Facilities Projects Larger than Three Megawatts

255-36

Exhibit #471 Email chain between R. Gregory Shepard and Robert Tilden re: Ra3 March 2016 Audit Info

255-37

Exhibit #473 Email from R. Gregory Shepard to R. Gregory Shepard re: RaPower3 Team Memo #64

255-38

Exhibit #474 Screen shots of Lens Calculator

255-39

Exhibit #481 Website capture from IAUS & RaPower3 Forum re: "Gather your Own Info. as to the IRS/DOJ Accusations"

255-40

Exhibit #490 Disruptive Energy Technologies, RaPower3 Energy Projects

255-41

Exhibit #491 "Executive Summary" with International Automated Systems, Inc. whitepaper

255-42

Exhibit #492 Letter from Roger A. Freeborn as RaPower3 National Director to "Everyone"

255-43

Exhibit #493 RaPower3 LLC Member Activity Report for Roger A. Freeborn for 12/1/2011 through 12/31/2011

255-44

Exhibit #496 Flowchart advertisement - 10 Lens Purchase

255-45

Exhibit #497 Flowchart advertisement - 1,800 Lens Purchase

255-46

Exhibit #498 Friends of Meadowbrook Endowment Fund Tiffin Charitable Foundation

255-47

Exhibit #499 Friends of Meadowbrook Tiffin Charitable Foundation

255-48

Exhibit #500 Letter from Richard Freeborn re: "Need a Tax Credit"

255-49

Exhibit #501 Correspondence from Roger A. Freeborn to unknown recipients regarding John Howell and "growing the business"

255-50

Exhibit #502 Email from Roger A. Freeborn to "Hank"

254

UNITED STATES’ EXHIBITS IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT [1 – 218]

254-1

Exhibit #1 Website capture from rapower3.com: "Frequently Asked Questions"

254-2

Exhibit #2 Website capture from International Automated Systems, Inc.: "Solar Panels"

254-3

Exhibit #8A History of RaPower3 by R. Gregory Shepard

254-4

Exhibit #16 Website download from International Automated Systems, Inc.: "New Solar Breakthrough May Compete With Gas"

254-5

Exhibit #17 Website download from International Automated Systems, Inc.: "IAUS Technical Overview"

254-6

Exhibit #19 Website capture from rapower3.com: "Your BIG and Quick Payback"

254-7

Exhibit #20 Website capture from rapower3.com: "Turn Your Tax Liabilities Into Assets / Calculate How Many Lenses You Need"

254-8

Exhibit #24 Website capture from rapower3.com: "Turn Your Tax Liabilities Into Assets / Calculate How Many Lenses You Need"

254-9

Exhibit #25 Website capture from rapower3.com: "Satisfying the IRS Depreciation Conditions"

254-10

Exhibit #32 Email from R. Gregory Shepard of RaPower-3, LLC to undisclosed recipients regarding "Ra3 Audit/Appeal Great Info"

254-11

Exhibit #34 Website capture from rapower3.com: "Your BIG and Quick Payback"

254-12

Exhibit #40 2011 Tax Benefits

254-13

Exhibit #43 Email from R. Gregory Shepard to undisclosed recipients including Frank F. Lunn re: Ra3 Important Tax Info

254-14

Exhibit #48 Email from Roger A. Freeborn to Roger A. Freeborn re: FW Ra3

254-15

Exhibit #49 Email from R. Gregory Shepard to undisclosed recipients regarding Ra3 Vital Tax Info

254-16

Exhibit #54 Email chain between Brian Zeleznik and Roger A. Freeborn re: BFS Stimulus Plan

254-17

Exhibit #61 Emails between Brian Zeleznik and Thomas Morse, Jeffrey Baughman, James Zeleznik, Gary Tipsord, and R. Gregory Shepard regarding "Ra3 Bonus contracts"

254-18

Exhibit #70 Email from R. Gregory Shepard regarding "Audit/Appeal Info." with attachment "Ra3 Payback.doc"

254-19

Exhibit #72 Email from R. Gregory Shepard re: Ra3 New IRS Ploy

254-20

Exhibit #77 Email from Brian Zeleznik to R. Gregory Shepard re: LTB, LLC

254-21

Exhibit #80 Email from Roger A. Freeborn to undisclosed recipients re: NOTICE

254-22

Exhibit #85 Email from Roger A. Freeborn re: "2013 strategy"

254-23

Exhibit #88 Email from Roger A. Freeborn and R. Gregory Shepard (no subject)

254-24

Exhibit #91 "IAUS offering turbo charged solar tax credit benefit program" by Sterling D. Allan

254-25

Exhibit #93 Email from R. Gregory Shepard to Robert Rowbotham

254-26

Exhibit #94 Equipment Purchase Agreement between MJM Holdings and International Automated Systems, Inc. signed by R. Gregory Shepard and Neldon Johnson.

254-27

Exhibit #95 Equipment Purchase Agreement between International Automated Systems, Inc. and KBR for one alternative energy system signed by Robert Rowbotham and Neldon Johnson as President of International Automated Systems, Inc.

254-28

Exhibit #109 Email from Roger A. Freeborn to Roger A. Freeborn re: UpDate 5.6.2010

254-29

Exhibit #112 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 Leaders

254-30

Exhibit #114 Email from R. Gregory Shepard to undisclosed recipients re: Convention Photos and attaching "Convention Monday.JPG" and "Convention Thursday.JPG"

254-31

Exhibit #119 RaPower-3 Equipment Purchase Agreement for 13 alternative energy systems signed by Preston Olsen as sole member of PFO Solar, LLC and Neldon Johnson as Director of RaPower-3, LLC

254-32

Exhibit #121 Operation and Maintenance Agreement between LTB, LLC and Preston Olsen, signed by Neldon Johnson as director of RaPower-3, LLC

254-33

Exhibit #125 Letter from RaPower-3, LLC to Preston Olsen stating 15 solar lenses placed in service

254-34

Exhibit #141 Email between R. Gregory Shepard and Preston Olsen re: "IAUS Inventory"

254-35

Exhibit #157 Email chain between R. Gregory Shepard and Preston Olsen re: "Ra3 IRS Status Report"

254-36

Exhibit #158 Form 1040 for "Andrea"

254-37

Exhibit #159 Email from R. Gregory Shepard to Preston Olsen re: "RaPower3 Team Memo #44"

254-38

Exhibit #174 Equipment Purchase Agreement for 10 systems signed by Samuel Otto and Neldon Johnson as Director of RaPower-3, LLC

254-39

Exhibit #181 Equipment Purchase Agreement for 50 "Alternative Energy Systems," signed by Patricia Lambrecht as Member of Ilios, LLC and Neldon Johnson as CEO of International Automated Systems, Inc.

254-40

Exhibit #185 Letter from Neldon Johnson as CEO of International Automated Systems, Inc. to Patricia Lambrecht regarding the status of her "solar energy system" with proposed "Solar Lease Bonus Fee Contract"

254-41

Exhibit #186 Letter from Roger Halverson to International Automated Systems, Inc. re: Equipment Purchase Agreement by Ilios, LLC

254-42

Exhibit #188 Letter from Glenda Johnson of RaPower-3, LLC to Patricia Lambrecht regarding a check for $7,500 for the 3d quarters [sic] power purchase

254-43

Exhibit #189 Email chain between Roger Halverson to R. Gregory Shepard re: Fw: IASU

254-44

Exhibit #204 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 Questions-Answers

254-45

Exhibit #207 Email from Roger A. Freeborn to Roger A. Freeborn re: Go Green - Make Money and attaching "RaPower3 Basics.Updatedoc.doc"

254-46

Exhibit #213 Email from Roger A. Freeborn to Roger A. Freeborn re: FW: Ra3 Great News attaching "Solar Purchase Referral Fee Contract.doc"

254-47

Exhibit #214 Email chain from Roger A. Freeborn to Roger A. Freeborn re: http://goo.gl/Yzqmx

254-48

Exhibit #216 Email from Roger A. Freeborn to Roger A. Freeborn re: RaPower3 Update 2/2012

254-49

Exhibit #217 Email from R. Gregory Shepard to undisclosed recipients re: Ra3 More Turbo Tax Info

254-50

Exhibit #218 Email from Roger A. Freeborn to Roger A. Freeborn re: Update

253

DEFENDANTS’ MOTION IN LIMINE TO STRIKE THE EXPERT REPORT OF THOMAS MANCINI AND EXCLUDE TESTIMONY AT TRIAL

253-1

Thomas R. Mancini Expert Report

253-2

Deposition of Thomas R. Mancini

252

UNITED STATES’ MOTION TO FREEZE THE ASSETS OF DEFENDANTS NELDON JOHNSON, RAPOWER-3, LLC, AND INTERNATIONAL AUTOMATED SYSTEMS, INC. AND APPOINT A RECEIVER

252-1

Exhibit #1 - Website capture from RaPower3: "Frequently Asked Questions"

252-2

Exhibit #2 - Website capture from International Automated Systems, Inc.: "Solar Panels"

252-3

Exhibit #24 - Website capture from RaPower3: "Turn Your Tax Liabilities Into Assets / Calculate How Many Lenses You Need"

252-4

Exhibit #25 - Website capture from RaPower3: "Satisfying the IRS Depreciation Conditions"

252-5

Exhibit #32 - Email from R. Gregory Shepard to unknown recipients re: "Ra3 Audit/Appeal Great Info"

252-6

Exhibit #40 - "2011 Tax Benefits"

252-7

Exhibit #93 - Email from R. Gregory Shepard to Robert Rowbotham re: "Diagrams" and attaching "IAUS Lens.jpg" and "Solar Plant Diagram.jpg"

252-8

Exhibit #125 - Letter from R. Gregory Shepard, Chief Director of Operations of RaPower3 LLC to Preston Olsen stating 15 solar lenses "put into service" by RaPower3 LLC on or before 12/31/2013

252-9

Exhibit #214

252-10

Exhibit #216

252-11

Exhibit #246

252-12

Exhibit #279

252-13

Exhibit #294

252-14

Exhibit #492

252-15

Exhibit #496

252-16

Exhibit #511

252-17

Exhibit #520

252-18

Exhibit #531

252-19

Exhibit #532

252-20

Exhibit #579

252-21

Exhibit #581

252-22

Exhibit #646

252-23

Exhibit #647

252-24

Exhibit #648

252-25

Exhibit #649

252-26

Exhibit #650

252-27

Exhibit #666

252-28

Exhibit #673

252-29

Exhibit #674

252-30

Exhibit #677

252-31

Exhibit #681

252-32

Exhibit #682

252-33

Exhibit #683

252-34

Exhibit #684

252-35

Text of Proposed Order

251

UNITED STATES’ MOTION FOR PARTIAL SUMMARY JUDGMENT

251-1

ORDER GRANTING UNITED STATES’ MOTION FOR PARTIAL SUMMARY JUDGMENT (proposed)

250

UNITED STATES’ MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF NELDON JOHNSON

250-1

Exhibit #1

250-2

Exhibit #24

250-3

Exhibit #25

250-4

Exhibit #40

250-5

Exhibit #214

250-6

Exhibit #216

250-7

Exhibit #492

250-8

Exhibit #507

250-9

Exhibit #520

250-10

Exhibit #579, Deposition of Neldon Johnson, volume 1

250-11

Exhibit #643, Neldon Johnson's Expert Report

250-12

Exhibit #646

250-13

Exhibit #647

250-14

Exhibit #648

250-15

Exhibit #649

250-16

Exhibit #650

250-17

Exhibit #673

250-18

Exhibit #674

250-19

Exhibit #681, Deposition of Neldon Johnson, volume 2

250-20

(Text of Proposed Order)

249

UNITED STATES’ MOTION IN LIMINE TO EXCLUDE “EXPERT” TESTIMONY OF KURT HAWES AND RICHARD JAMESON

249-1

Exhibit #1

249-2

Exhibit #20

249-3

Exhibit #24

249-4

Exhibit #25

249-5

Exhibit #40

249-6

Exhibit #78

249-7

Exhibit #112

249-8

Exhibit #163

249-9

Exhibit #214

249-10

Exhibit #216

249-11

Exhibit #244

249-12

Exhibit #282

249-13

Exhibit #492

249-14

Exhibit #518

249-15

Exhibit #520

249-16

Exhibit #625

249-17

Exhibit #631

249-18

Exhibit #632

249-19

Exhibit #637

249-20

Exhibit #638

249-21

Exhibit #639

249-22

Exhibit #640

249-23

Exhibit #641

249-24

Exhibit #651 (Part 1), Kurt Hawes' Expert Report

249-25

Exhibit #651 (Part 2), Kurt Hawes' Expert Report

249-26

Exhibit #659, Richard Jameson's Expert Report

249-27

Exhibit #666, Deposition of Richard Jameson

249-28

Exhibit #670

249-29

Exhibit #671

249-30

Exhibit #672, Deposition of Kurt Hawes

249-31

Exhibit #673, Deposition of LTB1, LLC

249-32

Exhibit #674

249-33

Text of Proposed Order (Moran, Christopher)

248

Missing document – Filed under seal?

247

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing for Sanctions and Extension of Time to Complete Discovery held on October 23, 2017 before Judge Evelyn J. Furse.

** Transcript restriction expired on 2/12/2018 ** See docket entry after [289].

246

Exhibit #669 filed by USA re [242] Sealed Document and [234] Motion Hearing held on 10/23/2017 re 226 MOTION for Sanctions. Email from Defendants to Plaintiffs

245

Exhibit #668 filed by USA re [242] Sealed Document and [234] Motion Hearing held on 10/23/2017 re 226 MOTION for Sanctions. Email from Defendants to Plaintiffs

244

Exhibit #659 filed by USA re 242 Sealed Document and 234 Motion Hearing held on 10/23/2017 re 226 MOTION for Sanctions. Email from Rick Jameson to Defendants' attorneys. Contains Jameson's expert report.

243

Exhibit #181 filed by USA re 234 Motion Hearing held on 10/23/2017 re 226 MOTION for Sanctions. Equipment Purchase Agreement.

242

**SEALED EXHIBITS**
re 234 Motion Hearing held on 10/23/2017
re 226 MOTION for Sanctions. (Attachments: # 1 Plaintiff's Exhibit 613 , # 2 Plaintiff's Exhibits 668 , # 3 Plaintiff's Exhibits 669)

241

DOCKET TEXT ORDER GRANTING 239 Motion to Stay.
Enforcement of the Order Granting Plaintiff's Expedited Motion for Sanctions 235 is stayed pending review of Defendants' Objection to the Order 238 by Judge Nuffer.

240

DECLARATION OF NELDON JOHNSON IN SUPPORT OF DEFENDANTS’ OBJECTION TO ORDER GRANTING UNITED STATES’ EXPEDITED MOTION FOR SANCTIONS [235]

240-1

Email threat of lawsuit to Neldon Johnson

239

DEFENDANTS’ MOTION TO STAY ORDER GRANTING UNITED STATES’ EXPEDITED MOTION FOR SANCTIONS (Doc. 235)

238

DEFENDANTS’ OBJECTION TO ORDER GRANTING UNITED STATES’ EXPEDITED MOTION FOR SANCTIONS (Doc. 235) AND REQUEST FOR EXPEDITED TREATMENT

237

CERTIFICATE OF SERVICE – ORDER [235]

236

ORDER GRANTING [229] UNITED STATES’ MOTION TO DEPOSE RICHARD JAMESON OUT OF TIME

235

ORDER GRANTING [226] UNITED STATES’ EXPEDITED MOTION FOR SANCTIONS AGAINST NELDON JOHNSON, INTERNATIONAL AUTOMATED SYSTEMS, INC., RAPOWER-3, LLC, AND/OR LTB1, LLC

234

Minute Order. [226] MOTION for Sanctions and Memorandum in Support MOTION to Expedite order on motion for sanctions and Memorandum in Support filed by USA, [229] MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by USA.

233

ORDER GRANTING UNITED STATES’ EXPEDITED MOTION TO UNSEAL THE MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON, AND DAVID MANTYLA AND COURT’S ORDER (ECF NO. 228)

232

DEFENDANTS’ OPPOSITION TO MOTION TO DEPOSE RICHARD JAMESON OUT OF TIME

232-1

Exhibit #1 – Cover page of Richard Jameson's deposition

232-2

Exhibit #2 – Expert Opinion of Richard Jameson (excerpts)

232-3

Exhibit #3 – Index of terms use in Richard Jameson deposition

231

DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR SANCTIONS (DOC. 226)

230

DOCKET TEXT ORDER - Opposition to [229] must be filed by 9:00am 11/23/2017

229

UNITED STATES’ MOTION TO DEPOSE RICHARD JAMESON OUT OF TIME

229-1

UNITED STATES’ NOTICE OF DEPOSITIONS (Neldon Johnson & Kurt Hawes)

229-2

NOTICE OF DEPOSITION OF THOMAS R. MANCINI

229-3

Deposition of Richard Jameson

229-4

Plaintiff's attorney's email to Defendant's attorney regarding PROTECTED INFORMATION in Richard Jameson and Jessica Anderson's deposition

228

UNITED STATES’ EXPEDITED MOTION TO UNSEAL MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON, AND DAVID MANTYLA (DOC. NO. 137) AND COURT’S ORDER (DOC. NO. 209)

228-1

DOJ attorney's email to RaPower3 attorneys identifying documents designated as “CONFIDENTIAL INFORMATION” or “CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY”

228-2

DOJ attorney's email to Mantyla McReynolds' attorney identifying documents designated as “CONFIDENTIAL INFORMATION” or “CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY”

228-3

Mail from Mantyla McReynolds' attorney providing flash drive containing documents identified by DOJ's attorney

228-4

Mantyla McReynolds' attorney's email to DOJ attorney clarifying no documents will be designated confidential

227

Notice of hearing on motion [226]

226

UNITED STATES’ EXPEDITED MOTION FOR SANCTIONS AGAINST NELDON JOHNSON, INTERNATIONAL AUTOMATED SYSTEMS, INC., RAPOWER-3, LLC, AND/OR LTB1, LLC

225

NOTICE OF DESIGNATION OF EXPERT WITNESS AND CERTIFICATE OF SERVICE OF EXPERT REPORT FROM RICHARD JAMESON

224

NOTICE OF APPEARANCE OF COUNSEL for R. Gregory Shepard and Roger Freeborn

223

NOTICE OF APPEARANCE OF COUNSEL for R. Gregory Shepard and Roger Freeborn

222

NOTICE OF APPEARANCE OF COUNSEL for R. Gregory Shepard and Roger Freeborn

221

CERTIFICATE OF SERVICE OF EXPERT REPORT FROM NELDON P. JOHNSON

220

CERTIFICATE OF SERVICE OF EXPERT REPORT FROM KURT O. HAWES

219

ORDER ON UNITED STATES’ EXPEDITED MOTION TO DEPOSE JESSICA ANDERSON OUT OF TIME

218

ORDER GRANTING UNITED STATES’ EXPEDITED MOTION TO COMPEL DEFENDANTS NELDON JOHNSON, INTERNATIONAL AUTOMATED SYSTEMS, INC., RAPOWER-3, LLC, AND/OR LTB1, LLC TO PRODUCE DOCUMENTS

217

MINUTE ENTRY ORDER granting [210] [213]

216

ORDER ON MOTION FOR WITHDRAWAL OF COUNSEL (Shepard and Freeborn)

215

DEFENDANTS’ OBJECTION TO PLAINTIFF’S MOTION TO TAKE THE DEPOSITION OF JESSICA ANDERSON

215-1

Todd Anderson emails

214

AMENDED NOTICE OF HEARING ON MOTION(s) [210] [211] [213]

213

UNITED STATES’ EXPEDITED MOTION TO DEPOSE JESSICA ANDERSON OUT OF TIME

213-1

Tax Information email - Todd Anderson 11/15/2010

213-2

CEASE AND DESIST letter

213-3

Anderson letter - 02/09/2017

213-4

RESPONSE TO SUBPENA TO PRODUCE DOCUMENTS AND CLAIM OF PRIVLEGE [sic]

213-5

DEFENDANTS' SUPPLEMENTAL PRIVILEGE LOG

213-6

Ra3 Tax Depreciation letter - Greg Shepard 10/14/2010

213-7

THE ECONOMIC SUBSTANCE DOCTRINE - Donald Korb 01/25/2005

213-8

WHAT IS THE PURPOSE OF A FEDERAL TAX CREDIT FOR RENEWABLE ENERGY - National Association of Tax Professionals

213-9

Letter to IRS documenting unauthorized use of Anderson letter - 06/11/2013

213-10

DEPOSITION OF NELDON JOHNSON (excerpts)

213-11

DEPOSITION OF TODD ANDERSON - 08/04/2017

213-12

Deposition of INTERNATIONAL AUTOMATED SYSTEMS - Neldon Johnson (excerpts)

213-13

Letter from Jessica Anderson - 06/07/2011

212

NOTICE OF HEARING ON MOTION [210]

211

MOTION TO WITHDRAW AS ATTORNEY FOR DEFENDANTS (Shepard and Freeborn)

211-1

ORDER ON MOTION TO WITHDRAW AS ATTORNEY FOR DEFENDANTS (proposed)

210

UNITED STATES’ EXPEDITED MOTION TO COMPEL NELDON JOHNSON, INTERNATIONAL AUTOMATED SYSTEMS, INC., RAPOWER-3, LLC, AND/OR LTB1, LLC, TO PRODUCE DOCUMENTS

210-1

UNITED STATES’ FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT NELDON JOHNSON

210-2

UNITED STATES’ FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT INTERNATIONAL AUTOMATED SYSTEMS, INC.

210-3

UNITED STATES’ FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT RAPOWER-3, LLC

210-4

UNITED STATES’ FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT LTB1, LLC

210-5

DEFENDANTS RAPOWER-3, LLC’S, INTERNATIONAL AUTOMATED SYSTEMS, INC.’S, LTB1, LLC’S, AND NELDON JOHNSON’S SUPPLEMENTED PRODUCTION OF DOCUMENTS

210-6

Deposition of: NELDON JOHNSON

210-7

Deposition of: INTERNATIONAL AUTOMATED SYSTEMS, INC. (Neldon Johnson)

210-8

Deposition of: RAPOWER-3, LLC (Neldon Johnson)

210-9

Deposition of: LTB1, LLC (Neldon Johnson)

210-10

UNITED STATES’ FOURTH REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT NELDON JOHNSON

209

ORDER granting 137 Sealed Motion to compel deposition testimony of Certified Public Accountants (CPAs) Cody Buck, Ken Oveson, and David Mantyla. (unsealed)

209-1

Mailing certificate of the clerk

208

REQUEST TO SUBMIT FOR DECISION – Motion to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla [DOC. 137 – filed under seal]

207

TODD ANDERSON’S RESPONSE TO SUBPOENA FOR RECORDS

206

ORDER ON MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

205

AMENDED SCHEDULING ORDER FOLLOWING JUNE 15, 2017 HEARING

204

NON-PARTY TODD ANDERSON’S OBJECTION TO UNITED STATES’ PROPOSED ORDER ON RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

204-1

ORDER ON MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed by USA)

204-2

ORDER ON MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed with changes)

203

ORDER GRANTING MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

202

MEMORANDUM DECISION AND ORDER DENYING [173] MOTION TO STRIKE

201

REQUEST TO SUBMIT FOR DECISION: DEFENDANTS’ 12(f) MOTION TO STRIKE IMMATERIAL, IMPERTINENT, OR SCANDALOUS ALLEGATIONS IN PLEADINGS [DOC. 173]

200

MINUTE ORDER granting [140] [163]

199

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN JOINDER TO DEFENDANTS’ REPLY RE MOTION TO STRIKE [173]

198

DEFENDANTS’ REPLY IN SUPPORT OF 12(f) MOTION TO STRIKE IMMATERIAL, IMPERTINENT, OR SCANDALOUS ALLEGATIONS IN PLEADINGS [DOC. 173]

197

ORDER GRANTING UNITED STATES’ EXPEDITED MOTION TO TAKE CERTAIN DISCOVERY OUT OF TIME [178]

196

ORDER GRANTING UNITED STATES’ MOTION FOR PROTECTIVE ORDER [170]

195

DOCKET TEXT ORDER granting [170] [178]


NOTICE VACATING [177] Motion to Quash hearing set for 6/15/2017 at 9:00 AM before Judge Evelyn J. Furse (Notice generated by EJF Chambers). Motion has been withdrawn. (lnp)

194

DEFENDANTS’ WITHDRAWAL OF SUBPOENA TO IRS [177]

193

NOTICE OF HEARING ON MOTION re: [163] MOTION to Compel Todd Anderson to produce documents

192

DOCKET TEXT ORDER granting [182] Motion to Continue

191

REPLY MEMORANDUM IN SUPPORT OF MOTION TO CONTINUE HEARING ON UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

190

DEFENDANTS’ "NO OPPOSITION" TO MOTION TO CONTINUE HEARING [DOC. 182]

189

ORDER REGARDING PENDING MOTIONS TO CONTINUE TODD ANDERSON'S DEPOSITION [183] [182]

188

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN JOINDER TO DEFENDANTS’ MOTION TO STRIKE [173]

187

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN JOINDER TO DEFENDANTS’ MOTION TO STRIKE [173]

186

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN JOINDER TO DEFENDANTS’ MOTION TO STRIKE [173]

185

UNITED STATES’ RESPONSE TO TODD ANDERSON’S MOTION TO CONTINUE HEARING ON UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

184

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE

184-1

Letter to IRS Agents and Appeals Officers from Gregory Shepard

184-2

RaPower3 2012 Convention Manual

184-3

Start Your Own RaPower3 Business” page from RaPower3.com

183

MOTION TO CONTINUE HEARING ON UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

183-1

ORDER CONTINUING HEARING ON UNITED STATES' RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed)

182

MOTION TO CONTINUE HEARING ON UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

181

Notice of Hearing on Motions [178] [163]

180

DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PROTECTIVE ORDER REGARDING DEFENDANTS’ RULE 30(b)(6) DEPOSITION NOTICE

179

Notice of Hearing on Motion [177]

178

UNITED STATES’ EXPEDITED MOTION TO TAKE CERTAIN DISCOVERY OUT OF TIME

178-1

UNITED STATES’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO DEFENDANTS’ FIRST DISCOVERY REQUESTS TO PLAINTIFF UNITED STATES

178-2

UNITED STATES’ NOTICE OF PARTY DEPOSITIONS

178-3

UNITED STATES’ NOTICE OF DEPOSITION OF DEFENDANT LTB1, LLC

178-4

UNITED STATES’ NOTICE OF DEPOSITION OF DEFENDANT INTERNATIONAL AUTOMATED SYSTEMS, INC.

178-5

UNITED STATES’ NOTICE OF DEPOSITION OF DEFENDANT RAPOWER-3, LLC

177

UNITED STATES’ MOTION TO QUASH SUBPOENA TO IRS

177-1

NOTICE OF SUBPOENA TO INTERNAL REVENUE SERVICE

177-2

UNITED STATES’ OBJECTIONS AND RESPONSES TO DEFENDANTS’ FIRST DISCOVERY REQEUSTS TO PLAINTIFF UNITED STATES

177-3

UNITED STATES’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO DEFENDANTS’ FIRST DISCOVERY REQUESTS TO PLAINTIFF UNITED STATES

177-4

Email conversation – Greg Shepard – re: ILIOS, LLC

177-5

ORDER GRANTING UNITED STATES’ MOTION TO QUASH SUBPOENA TO IRS (proposed)

176

DEFENDANTS' JOINDER IN TODD ANDERSON'S MEMORANDUM IN OPPOSITION TO UNITED STATES' RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

175

TODD ANDERSON'S MEMORANDUM IN OPPOSITION TO UNITED STATES' RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

174

Motions No Longer Referred: [173]

173

DEFENDANTS’ 12(f) MOTION TO STRIKE IMMATERIAL, IMPERTINENT, OR SCANDALOUS ALLEGATIONS IN PLEADINGS

172

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

171

Notice of Hearing on Motion [170]

170

UNITED STATES’ MOTION FOR PROTECTIVE ORDER PROHIBITING DEFENDANTS FROM DEPOSING UNITED STATES’ TRIAL COUNSEL

170-1

DEFENDANTS’ NOTICE OF 30(b)(6) PARTY DEPOSITION OF U.S. DEPARTMENT OF JUSTICE TAX DIVISION

170-2

Letter from Plaintiff's Attorney ERIN HEALY GALLAGHER to Defendant's Attorney JUSTIN D. HEIDEMAN

170-3

UNITED STATES’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO DEFENDANTS’ FIRST DISCOVERY REQUESTS TO PLAINTIFF UNITED STATES

169

NOTICE OF APPEARANCE OF COUNSEL for RaPower-3, LLC, International Automated Systems, Inc., LTB1, and Neldon Johnson

168

ORDER ON MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS’ RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., LTB1, LLC, AND NELDON JOHNSON

167

NOTICE OF APPEARANCE OF COUNSEL for RaPower-3, LLC, International Automated Systems, Inc., LTB1, and Neldon Johnson

166

NOTICE OF APPEARANCE OF COUNSEL for RaPower-3, LLC, International Automated Systems, Inc., LTB1, and Neldon Johnson

165

MOTION FOR EXTENSION OF TIME TO RESPOND TO UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

165-1

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed)

164

MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS’ RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., LTB1, LLC, AND NELDON JOHNSON

164-1

SCHEDULING ORDER

164-2

ORDER ON MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS’ RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., LTB1, LLC, AND NELDON JOHNSON (proposed)

163

UNITED STATES’ RENEWED MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

163-1

FAQ page from RaPower3.com

163-2

Todd Anderson CPA Opinion Letter

163-3

Paul Jones Letter Generic.docx

163-4

Todd Anderson’s response to the United States’ subpoena

163-5

SHEPARD’S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES TO R. GREGORY SHEPARD

163-6

FREEBORN’S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES TO ROGER FREEBORN

163-7

INTERNATIONAL AUTOMATED SYSTEMS, INC.'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

163-8

RAPOWER-3, LLC'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

163-9

DEFENDANT NELDON JOHNSON'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

163-10

LTBl, LLC'S, SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

163-11

DEFENDANTS’ SUPPLEMENTAL PRIVILEGE LOG

162

UNITED STATES’ RESPONSE TO ORDER GRANTING IN PART UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL (ECF DOC. 160)

162-1

FAQ page from RaPower3.com

162-2

Letter from Anderson Law Center, P.C. to Neldon Johnson

162-3

Email from Greg Shepard to RaPower3 members: “Ra3 Audit-McConkie Letter”

162-4

Email from Greg Shepard to RaPower3 members: “Hello To All RaPower3 Team Members being Audited”

162-5

Email from US Attorney to Defendants' attorneys re: Todd Anderson's deposition – with several attachments.

162-6

Letter from Kirton-McConkie to Neldon Johnson: “Cease and Desist”

162-7

SHEPARD’S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES TO R. GREGORY SHEPARD

162-8

FREEBORN’S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES TO ROGER FREEBORN

162-9

INTERNATIONAL AUTOMATED SYSTEMS, INC.'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

162-10

RAPOWER-3, LLC'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

162-11

DEFENDANT NELDON JOHNSON'S SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

162-12

LTBl, LLC'S, SUPPLEMENTAL RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

161

ORDER ON MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

160

ORDER ON MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

159

UNITED STATES’ RESPONSE IN OPPOSITION TO DEFENDANTS’ OBJECTION TO UNITED STATES’ PROPOSED ORDER ON MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

159-1

ORDER ON MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL (proposed)

158

ORDER DENYING THE [90] AND [94] MOTIONS TO BIFURCATE

157

OBJECTION TO UNITED STATES’ PROPOSED ORDER ON MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

157-1

MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL (proposed)

156

ORDER GRANTING IN PART AND DENYING IN PART RENEWED MOTION TO COMPEL DEFENDANTS NELDON JOHNSON, RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., AND LTB1, LLC TO ANSWER PLAINTIFF’S FIRST INTERROGATORIES

155

** Missing Case document ** Filed under seal?

154

Motion Hearing held on 4/12/2017 – Motion to compel

153

RESPONSE MEMORANDUM OPPOSING UNITED STATES’ MOTION TO COMPEL ANSWERS TO INTERROGATORIES

152

AMENDED NOTICE OF HEARING ON MOTIONS [137] [138] [140] [143]

151

OBJECTION TO UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

150

OBJECTION TO UNITED STATES’ MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

149

NOTICE OF HEARING ON MOTION [137] [138] [140] [143]

148

SHORT FORM RESPONSE AND OBJECTION TO UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON, AND DAVID MANTYLA

147

RESPONSE TO UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON, AND DAVID MANTYLA

146

NON-PARTY WITNESS KENNETH BIRRELL’S RESPONSE TO UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY Wells)

146-1

ORDER ON UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL (proposed)

145

ORDER OF RECUSAL (Judge Brooke C. Wells)

144

TODD ANDERSON’S MEMORANDUM IN OPPOSITION TO UNITED STATES’ MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

144-1

ORDER DENYING UNITED STATES’ MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed)

143

RENEWED MOTION TO COMPEL DEFENDANTS NELDON JOHNSON, RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC., AND LTB1, LLC TO ANSWER PLAINTIFF’S FIRST INTERROGATORIES

143-1

NELDON JOHNSON'S RESPONSE TO UNITED STATES' FIRST INTERROGATORIES

143-2

DEFENDANT RAPOWER -3, LLC RESPONSES TO UNITED STATES' FIRST SET OF INTERROGATORIES

143-3

INTERNATIONAL AUTOMATED SYSTEMS, INC. RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

143-4

DEFENDANT LTBl'S RESPONSES TO UNITED STATES' FIRST INTERROGATORIES

142

DEFENDANTS’ RESPONSE TO UNITED STATES’ REQUEST TO ENTER ONTO LAND FOR INSPECTION

141

ORDER GRANTING MOTION TO FILE RESPONSE UNDER SEAL

140

UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF KENNETH BIRRELL

140-1

Email from Greg Shepard dated 12/11/2013

140-2

Letter from Kirton-McKonkie dated 01/10/2014

140-3

DEPOSITION of Kenneth W. Birrell on 02/14/2017 (Vol 1)

140-4

SUBPOENA to Kenneth W. Birrell dated 12/12/2016

140-5

SHEPARD’S FIRST SUPPLEMENTAL RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES TO R. GREGORY SHEPARD

140-6

FREEBORN'S FIRST SUPPLEMENTAL RESPONSE TO FIRST INTERROGATORIES TO ROGER FREEBORN

139

MOTION TO FILE RESPONSE UNDER SEAL [FILED UNDER SEAL]

138

UNITED STATES’ MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS

138-1

ORDER GRANTING MOTION TO COMPEL TODD ANDERSON TO PRODUCE DOCUMENTS (proposed)

137

UNITED STATES’ MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON, AND DAVID MANTYLA (unsealed)

137-1

UNITED STATES’ INDEX OF EXHIBITS FOR MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON and DAVID MANTYLA

137-2

Email from Greg Shepard, dated 4/17/2012

137-3

Email string between Preston Olsen, Matthew Shepard, Greg Shepard, and others, dated 10/29/09

137-4

Email from Roger Freeborn, dated 1/7/2013

137-5

Email from Roger Freeborn, dated 4/20/2011

137-6

Email from Greg Shepard, dated 2/23/2012

137-7

Email string between Ken Oveson and Greg Shepard dated 8/24/2009

137-8

Email string between Ken Oveson and Greg Shepard dated 8/25/2009

137-9

Email string between Ken Oveson and Greg Shepard dated 8/25/2009

137-10

Invoice dated 12/31/2008 from Mantyla McReynolds to Bigger Faster Stronger

137-11

Invoice dated 3/31/2009 from Mantyla McReynolds to Bigger Faster Stronger

137-12

Waiver of Tax Privilege, dated February 22, 2017, signed by Robert Rowbotham

137-13

Statement from Neldon Johnson dated 12/28/2010

137-14

Transcript of Cody Buck’s February 15, 2017 deposition

137-15

Transcript of Ken Oveson’s February 16, 2017 deposition

137-16

Transcript of David Mantyla’s February 16, 2017 deposition

137

SEALED MOTION to Compel Deposition Testimony of Cody Buck, Ken Oveson, and David Mantyla

136

UNITED STATES’ NOTICE OF CONVENTIONAL FILING REGARDING MOTION TO COMPEL DEPOSITION TESTIMONY OF CODY BUCK, KEN OVESON and DAVID MANTYLA

135

ORDER GRANTING MOTION FOR LEAVE TO FILE MOTIONS TO COMPEL DEPOSITION TESTIMONY UNDER SEAL

134

UNITED STATES’ AMENDED MOTION FOR LEAVE TO FILE MOTIONS TO COMPEL DEPOSITION TESTIMONY UNDER SEAL (expedited treatment requested)

134-1

ORDER GRANTING MOTION FOR LEAVE TO FILE MOTIONS TO COMPEL DEPOSITION TESTIMONY UNDER SEAL (proposed)

133

UNITED STATES’ MOTION FOR LEAVE TO FILE MOTIONS TO COMPEL DEPOSITION TESTIMONY UNDER SEAL

133-1

ORDER GRANTING MOTION FOR LEAVE TO FILE MOTIONS TO COMPEL DEPOSITION TESTIMONY UNDER SEAL (proposed)

132

ORDER DENYING MOTIONS TO QUASH (Todd Anderson's Deposition Approved)

131

NOTICE OF SERVICE OF DEFENDANTS RAPOWER-3, LLC’S, INTERNATIONAL AUTOMATED SYSTEMS, INC.’S, LTB1, LLC’S, AND NELDON JOHNSON’S RESPONSES TO UNITED STATES’ SECOND INTERROGATORIES

130

NOTICE OF SERVICE BY INTERNATIONAL AUTOMATED SYSTEMS, NELDON JOHNSON, LTB1, RAPOWER-3 RESPONSES TO THE UNITED STATES'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS

129

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANT’S OBJECTION TO THE SUBPOENA ISSUED TO TODD ANDERSON AND MOTION TO QUASH SUBPOENA

129-1

UNITED STATES’ NOTICE OF WITNESS DEPOSITION (TODD ANDERSON)

128

REQUEST TO SUBMIT SHORT FORM DISCOVERY MOTION TO QUASH SUBPOENA (EXPEDITED HANDLING REQUESTED)

127

DEFENDANTS’ OBJECTION TO THE SUBPOENA ISSUED TO TODD ANDERSON AND MOTION TO QUASH SUBPOENA

126

UNITED STATES’ BRIEF IN OPPOSITION TO TODD ANDERSON’S MOTION TO QUASH SUBPOENA

126-1

Letter concerning Todd Anderson’s response to the United States’ subpoena, with associated exhibits related to “the Anderson Letter” from Anderson Law Center, P.C.

126-2

FAQ page from RaPower3.com

125

NOTICE OF APPEARANCE OF COUNSEL for non-party, Todd Anderson

124

SHORT FORM DISCOVERY MOTION TO QUASH SUBPOENA (Expedited Handling Requested)

124-1

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

124-2

Email from Justin Heideman

124-3

ORDER GRANTING MOTION TO QUASH SUBPOENA (proposed)

123

NOTICE OF APPEARANCE OF COUNSEL for non-party, Todd Anderson

122

RENEWED NOTICE TO SUBMIT FOR DECISION [HEARING REQUESTED]

121

CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Supplemental Responses to USA's Request for Production of Documents (Heideman, Justin)

120

CERTIFICATE OF SERVICE by R. Gregory Shepard Response to the USA's Second Request for Production of Documents (Reay, Donald)

119

CERTIFICATE OF SERVICE by R. Gregory Shepard Supplemental Responses to US First Request for Production (Reay, Donald)

118

REQUEST to Submit for Decision re [90] MOTION to Bifurcate filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. (Heideman, Justin)

117

ORDER REGARDING PENDING MOTIONS AND PROTECTIVE ORDER

116

PROTECTIVE ORDER

115

DOCKET TEXT ORDER - Short Form Discovery Motion Procedure

114

REQUEST TO SUBMIT FOR DECISION

113

UNITED STATES’ BRIEF IN OPPOSITION TO DEFENDANTS’ MOTION TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS

112

DEFENDANTS’ JOINT MOTION TO EXTEND TIME TO RESPOND TO UNITED STATES DISCOVERY REQUESTS

112-1

ORDER GRANTING THE DEFENDANTS’ JOINT MOTION TO EXTEND TIME TO RESPOND TO UNITED STATES DISCOVERY REQUESTS (proposed)

111

UNITED STATES’ MOTION TO EXTEND TIME TO FILE A MOTION TO AMEND COMPLAINT AND TO JOIN PARTIES

111-1

DEFENDANT NELDON JOHNSON’S PRODUCTION OF DOCUMENTS

110

JOINT PROTECTIVE ORDER (Defendants' proposed)

109

Modification of Docket: Error: counsel uploaded the wrong document. Correction: docket entry stricken and error message added re [107] Notice of Filing. (eat)

108

DEFENDANTS’ JOINT STATUS REPORT REGARDING PROTECTIVE ORDER

107

DEFENDANTS’ JOINT STATUS REPORT REGARDING PROTECTIVE ORDER

106

PROTECTIVE ORDER (USA's proposed)

105

UNITED STATES’ STATUS REPORT REGARDING PROTECTIVE ORDER

104

ORDER REGARDING PROTECTIVE ORDER AND PENDING MOTIONS

103

NOTICE OF ERRATA: REPLY MEMORANDUM IN SUPPORT OF MOTION TO BIFURCATE

102

UNITED STATES’ STATUS REPORT REGARDING PROTECTIVE ORDER

101

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN MOTION TO BIFURCATE

100

REPLY MEMORANDUM IN SUPPORT OF MOTION TO BIFURCATE

099

ORDER GRANTING STIPULATION REGARDING CONTINUED DISCOVERY DURING 45 DAY STAY

098

JOINT MOTION TO APPROVE STIPULATION REGARDING CONTINUED DISCOVERY DURING 45 DAY STAY

098-1

STIPULATION REGARDING CONTINUED DISCOVERY DURING 45 DAY STAY

098-2

ORDER APPROVING STIPULATION REGARDING CONTINUED DISCOVERY DURING 45 DAY STAY (proposed)

097

DOCKET TEXT ORDER granting [93] Motion for Leave to File Excess Pages. The United States may file a brief in opposition to the motion for bifurcation of 24 total pages. Signed by Judge David Nuffer on 10/4/2016. (jcw)

096

Motions No Longer Referred: [90] MOTION to Bifurcate, [94] MOTION to Bifurcate and Memorandum in Support , [93] MOTION for Leave to File Excess Pages re Motion to Bifurcate (jcw)

095

UNITED STATES’ BRIEF IN OPPOSITION TO THE MOTION TO BIFURCATE (ECF DOC. 90)

095-1

UNITED STATES’ EXHIBIT LIST FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO BIFURCATE (ECF DOC. 90)

095-2

Email correspondence from Gregory Shepard produced by a third-party customer dated July 19, 2012

095-3

Printout of www.rapower3.com: “Start Your Own RaPower3 [sic] Business” dated March 2, 2015

095-4

Printout of www.rapower3.com: “Start Your Own RaPower3 [sic] Business” dated May 1, 2014

095-5

Email correspondence from Gregory Shepard produced by a third-party customer dated February 19, 2016

095-6

UNITED STATES FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS TO DEFENDANT NELDON JOHNSON

095-7

Excerpts from the Deposition of Frank F. Lunn

095-8

Letter from Gregory Shepard dated March 20, 2015, from IRS files

095-9

Printout of www.rapower3.com: “Your BIG and Quick Payout” dated March 2, 2015

095-10

Printout of www.rapower3.com: “Satisfying the IRS Depreciation Conditions” dated March 2, 2015

095-11

Printout of www.rapower3.com: “RaPower3 [sic] Basics” dated March 2, 2015

095-12

Email correspondence from Gregory Shepard produced by a third-party customer dated November 11, 2013

095-13

Printout of www.rapower3.com: “Your BIG and Quick Payout” dated May 1, 2014

095-14

Subpoena for the production of documents to Frank F. Lunn

095-15

Email correspondence from Gregory Shepard produced by a third-party customer dated January 17, 2014

094

DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN MOTION TO BIFURCATE

093

UNITED STATES’ MOTION TO EXCEED PAGE LIMIT FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO BIFURCATE (ECF DOC. 90)

093-1

ORDER GRANTING THE UNITED STATES’ MOTION TO EXCEED PAGE LIMIT FOR ITS BRIEF IN OPPOSITION TO THE MOTION TO BIFURCATE (proposed)

092

MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR RELIEF FROM STANDARD PROTECTIVE ORDER

091

Motions No Longer Referred: [90] MOTION to Bifurcate and Memorandum in Support (jcw)

090

MOTION TO BIFURCATE

089

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO QUASH (ECF DOC. 84) 83)

088

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO QUASH (ECF DOC. 83)

087

MOTION TO QUASH SUBPOENA

087-1

Subpoena to Kenneth Birrell, Kirton McConkie - dated June 30, 2016

086

UNITED STATES’ RESPONSE TO THE MOTION TO QUASH SUBPOENAS (ECF DOC. 84)

086-1

UNITED STATES’ EXHIBIT LIST FOR ITS RESPONSE TO THE MOTION TO QUASH SUBPOENAS (ECF DOC. 84)

086-2

Email correspondence from Gregory Shepard produced by a third-party customer dated February 23, 2012

086-3

Email correspondence from Gregory Shepard produced by a third-party customer dated January 23, 2014

086-4

Excerpts from the Deposition of Frank F. Lunn

086-5

Excerpts from the Deposition of Brian Zeleznik

086-6

Excerpts from the Deposition of Lynette L. Williams

086-7

Excerpts from the Deposition of Preston F. Olsen

086-8

Email correspondence from Gregory Shepard produced by a third-party customer dated May 4, 2012

086-9

Pl. U.S.’s Notice of Intent to Subpoena Docs. dated July 21, 2016

086-10

Email correspondence from Gregory Shepard produced by a third-party customer dated July 19, 2012

086-11

Excerpts from Gregory Shepard’s Response to United States’ First Requests for the Production of Documents to Defendant R. Gregory Shepard dated June 17, 2016

086-12

Email correspondence from Gregory Shepard produced by a third-party customer dated February 25, 2014

086-13

Excerpts from the Deposition of Robert Rowbotham

086-14

Flyer for “Solar Energy Celebration”

086-15

Email correspondence from Gregory Shepard produced by a third-party customer dated October 30, 2015

086-16

Excerpt from email correspondence from Gregory Shepard produced by a third-party customer dated October 22, 2015

086-17

Email correspondence from Gregory Shepard produced by a third-party customer dated July 17, 2015

086-18

Printout of www.rapower3.com: “RaPower3 Technology” dated March 2, 2015

086-19

New Solar Breakthrough May Compete with Gas” downloaded from prior version of www.rapower3.com

086-20

IAUS Technical Overview” downloaded from prior version of www.rapower3.com

086-21

Printout of www.rapower3.com: “Site Tours” dated March 2, 2015

086-22

RaPower3 Member Office” printout from Frank F. Lunn dated December 30, 2011

086-23

Email correspondence from Gregory Shepard produced by a third-party customer dated June 30, 2012

086-24

Email correspondence produced by Preston F. Olsen Dated: September 2, 2016

085

UNITED STATES’ RESPONSE TO THE MOTION TO QUASH PRODUCTION OF INFORMATION AND SUBPOENAS (ECF DOC. 83)

085-1

UNITED STATES’ EXHIBIT LIST FOR ITS RESPONSE TO THE MOTION TO QUASH PRODUCTION OF INFORMATION AND SUBPOENAS (ECF DOC. 83)

085-2

Excerpts from the Deposition of Frank F. Lunn

085-3

Excerpts from the Deposition of Brian Zeleznik

085-4

Excerpts from the Deposition of Lynette L. Williams

085-5

Excerpts from the Deposition of Preston F. Olsen

085-6

Pl. U.S.’s Notice of Intent to Subpoena Docs. dated March 14, 2016

085-7

Pl. U.S.’s Notice of Intent to Subpoena Docs dated April 29, 2016

085-8

Letter from Erin Healy Gallagher to Paul Jones dated August 16, 2016

085-9

Email correspondence from Gregory Shepard produced by a third-party customer dated July 19, 2012

085-10

Excerpts from Gregory Shepard’s Response to United States’ First Requests for the Production of Documents to Defendant R. Gregory Shepard dated June 17, 2016

085-11

Email correspondence from Gregory Shepard produced by a third-party customer dated February 25, 2014

085-12

Excerpts from the Deposition of Robert Rowbotham

085-13

Flyer for “Solar Energy Celebration”

085-14

Email correspondence from Gregory Shepard produced by a third-party customer dated October 30, 2015

085-15

Excerpt from email correspondence from Gregory Shepard produced by a third-party customer dated October 22, 2015

085-16

Email correspondence from Gregory Shepard produced by a third-party customer dated July 17, 2015

085-17

Printout of www.rapower3.com: “RaPower3 Technology” dated March 2, 2015

085-18

New Solar Breakthrough May Compete with Gas” downloaded from prior version of www.rapower3.com

085-19

IAUS Technical Overview” downloaded from prior version of www.rapower3.com

085-20

Printout of www.rapower3.com: “Site Tours” dated March 2, 2015

085-21

Subpoena to Frank Lunn dated March 21, 2016

085-22

RaPower3 Member Office” printout from Frank F. Lunn dated December 30, 2011

085-23

Email correspondence from Gregory Shepard produced by a third-party customer dated June 30, 2012

085-24

Subpoena to Lynette L. Williams dated May 6, 2016

085-25

Email correspondence produced by Preston F. Olsen Dated: September 2, 2016

084

MOTION TO QUASH SUBPOENAS

083

MOTION TO QUASH PRODUCTION OF INFORMATION AND SUBPOENAS

082

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO QUASH(ECF DOC. 70)

081

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO QUASH (ECF DOC. 65)

080

NOTICE OF APPEARANCE OF CO-COUNSEL for RaPower-3, LLC, and International Automated Systems, Inc., LTB1, and Neldon Johnson

079

NOTICE OF APPEARANCE OF CO-COUNSEL for RaPower-3, LLC, and International Automated Systems, Inc., LTB1, and Neldon Johnson

078

REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO QUASH

077

UNITED STATES’ RESPONSE TO DEFENDANTS’ MOTION TO QUASH SUBPOENA (ECF DOC. 70)

077-1

PLAINTIFF UNITED STATES’ NOTICE OF INTENT TO SUBPOENA DOCUMENTS

077-2

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

076

SUPPLEMENTAL AUTHORITY FOR THE UNITED STATES’ MOTION FOR RELIEF FROM STANDARD PROTECTIVE ORDER AND DUCIVR26-2

075

SUPPLEMENTAL AUTHORITY RE: PROTECTIVE ORDERS

074

UNITED STATES’ NOTICE OF FILING AN AMENDED EXHIBIT TO ITS RESPONSE TO DEFENDANTS’ MOTION TO QUASH SUBPOENA (ECF DOC. 71)

074-1

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

073

UNITED STATES’ RESPONSE TO DEFENDANTS’ MOTION TO QUASH SUBPOENA (ECF DOC. 65)

073-1

PLAINTIFF UNITED STATES’ NOTICE OF INTENT TO SUBPOENA DOCUMENTS

073-2

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

072

ORDER ON MOTION FOR PROTECTIVE ORDER

071

UNITED STATES’ RESPONSE TO DEFENDANTS’ MOTION TO QUASH SUBPOENA (ECF DOC. 62)

071-1

PLAINTIFF UNITED STATES’ NOTICE OF INTENT TO SUBPOENA DOCUMENTS

071-2

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

070

MOTION TO QUASH SUBPOENA (Wells Fargo Bank)

069

REPLY TO RAPOWER-3’s RESPONSE TO UNITED STATES’ MOTION TO COMPEL RAPOWER-3 TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

069-1

EXHIBIT: DEFENDANT RAPOWER-3, LLC RESPONSES TO UNITED STATES' FIRST SET OF INTERROGATORIES

068

REPLY TO INTERNATIONAL AUTOMATED SYSTEMS (IAS) RESPONSE TO UNITED STATES’ MOTION TO COMPEL IAS TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

068-1

EXHIBIT: DEFENDANT INTERNATIONAL AUTOMATED SYSTEMS, INC RESPONSES TO UNITED STATES' FIRST SET OF INTERROGATORIES

067

REPLY TO LTB1’S RESPONSE TO UNITED STATES’ MOTION TO COMPEL LTB1 TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

067-1

EXHIBIT: DEFENDANT LTB1'S RESPONSES TO UNITED STATES' FIRST SET OF INTERROGATORIES

066

REPLY TO NELDON JOHNSON’S RESPONSE TO UNITED STATES’ MOTION TO COMPEL NELDON JOHNSON TO SIGN AND SUPPLEMENT HIS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

066-1

EXHIBIT: DEFENDANT NELDON JOHNSON'S RESPONSES TO UNITED STATES' FIRST SET OF INTERROGATORIES

065

MOTION TO QUASH SUBPOENAS

064

DEFENDANTS RAPOWER-3, LLC, INTERNATIONAL AUTOMATED SYSTEMS, INC.; LTBI, LLC; AND NELDON JOHNSON’S MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL AND SUPPLEMENTS THERETO

063

CERTIFICATE OF SERVICE OF DEFENDANTS PRODUCTION OF DOCUMENTS AND INTERROGATORIES

062

MOTION TO QUASH SUBPOENA

061

STIPULATION TO EXTEND TIME TO ANSWER REQUESTS FOR DISCOVERY

060

ORDER REGARDING SHORT FORM DISCOVERY MOTIONS

059

SUPPLEMENT TO MOTION TO COMPEL RAPOWER-3 TO RESPOND TO PLAINTIFF’S FIRST INTERROGATORIES

059-1

DEFENDANT RAPOWER-3, LLC RESPONSES TO UNITED STATES’ FIRST SET OF INTERROGATORIES

059-2

Plaintiff's letter to Defendant's attorney

058

SUPPLEMENT TO MOTION TO COMPEL RAPOWER-3 TO RESPOND TO PLAINTIFF’S FIRST INTERROGATORIES

058-1

DEFENDANT RAPOWER-3, LLC RESPONSES TO UNITED STATES’ FIRST SET OF INTERROGATORIES

058-2

Plaintiff's letter to Defendant's attorney

057

MOTION TO COMPEL NELDON JOHNSON TO SIGN AND SUPPLEMENT HIS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

057-1

UNITED STATES’ FIRST INTERROGATORIES TO NELDON JOHNSON

057-2

NELDON JOHNSON’S RESPONSE TO UNITED STATES’ FIRST INTERROGATORIES

057-3

Plaintiff's letter to Defendant's attorney

057-4

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL NELDON JOHNSON TO SIGN AND SUPPLEMENT HIS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES (proposed)

056

MOTION TO COMPEL INTERNATIONAL AUTOMATED SYSTEMS (IAS) TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

056-1

UNITED STATES’ FIRST INTERROGATORIES TO INTERNATIONAL AUTOMATED SYSTEMS, INC.

056-2

INTERNATIONAL AUTOMATED SYSTEMS, INC. RESPONSES TO UNITED STATES’ FIRST INTERROGATORIES

056-3

Plaintiff's letter to Defendant's attorney

056-4

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL INTERNATIONAL AUTOMATED SYSTEMS (IAS) TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES (proposed)

055

MOTION TO COMPEL LTB1 TO SIGN AND SUPPLEMENT ITS RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES

055-1

UNITED STATES’ FIRST INTERROGATORIES TO LTB1, LLC

055-2

DEFENDANT LTB1’S RESPONSES TO UNITED STATES’ FIRST INTERROGATORIES

055-3

Plaintiff's letter to Defendant's attorney

054

CERTIFICATE OF SERVICE OF DEFENDANT RAPOWER-3, LLC’S, RESPONSES TO UNITED STATES’ FIRST SET OF INTERROGATORIES

053

MOTION TO COMPEL RAPOWER-3 TO RESPOND TO PLAINTIFF’S FIRST INTERROGATORIES

053-1

UNITED STATES’ FIRST INTERROGATORIES TO RAPOWER-3, LLC

053-2

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL RAPOWER-3 TO RESPOND TO PLAINTIFF’S FIRST INTERROGATORIES (proposed)

052

CERTIFICATE OF SERVICE OF DEFENDANTS RAPOWER-3, LLC’S, INTERNATIONAL AUTOMATED SYSTEMS, INC.’S, LTB1, LLC’S, and NELDON JOHNSON’S PRODUCTION OF DOCUMENTS

051

CERTIFICATE OF SERVICE OF DEFENDANTS’ SUPPLEMENTAL RESPONSES TO UNITED STATES’ FIRST INTERROGATORIES TO DEFENDANTS R. GREGORY SHEPARD AND ROGER FREEBORN AND RESPONSES TO UNITED STATES’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

050

NOTICE OF HEARING ON MOTION re: [39] MOTION for Protective Order and Memorandum in Support Motion for Relief from Standard Protective Order and DUCivR26-2 : (Notice generated by chambers) Motion Hearing set for 7/27/2016 at 02:00 PM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (No court doc available)

049

CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to Plaintiff's First Interrogatories to Defendant International Automated Systems, Inc.

048

CERTIFICATE OF SERVICE by International Automated Systems, Neldon Johnson, LTB1, RaPower-3 Responses to Plaintiff's First Interrogatories to Defendant LTB1

047

CERTIFICATE OF SERVICE by Roger Freeborn, R. Gregory Shepard Responses to Plaintiff's First Interrogatories to Defendants

046

NOTICE OF SUBSTITUION OF COUNSEL Justin D. Heideman replacing Rodney R. Parker; Richard A. Van Wagoner; Samuel Alba and James S. Judd as counsel on behalf of International Automated Systems, Neldon Johnson, LTB1, RaPower-3

045

REQUEST FOR ORAL ARGUMENT

044

REPLY TO DEFENDANTS’ OPPOSITION TO THE UNITED STATES’ MOTION FOR RELIEF FROM STANDARD PROTECTIVE ORDER AND DUCIVR-26-2

043

MEMORANDUM DECISION AND ORDER GRANTING MOTION TO STRIKE JURY DEMAND

041

MEMORANDUM IN OPPOSITION TO MOTION FOR RELIEF FROM STANDARD PROTECTIVE ORDER

040

DOCKET TEXT ORDER - Short Form Discovery Motion Procedure

039

MOTION FOR RELIEF FROM STANDARD PROTECTIVE ORDER AND DUCIVR-26-2

037

SCHEDULING ORDER AND ORDER VACATING HEARING

035

ATTORNEYS’ PLANNING MEETING REPORT

034

NOTICE OF HEARING ON MOTION to Strike Jury Demand -- Hearing set for 4/27/2016 (No court doc available)

033

REPLY MEMORANDUM TO DEFENDANTS’ OPPOSITION TO UNITED STATES’ MOTION TO STRIKE JURY DEMAND

033-1

(Supplement) - ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE JURY DEMAND

032

OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE JURY DEMAND

031

MOTION TO STRIKE JURY DEMAND

030

ORDER GRANTING MOTION TO CONTINUE THE MARCH 9, 2016 HEARING

029

NOTICE OF ENTRY OF APPEARANCE of James S. Judd as counsel for Defendants

028

MOTION TO CONTINUE THE MARCH 9, 2016 HEARING and SUPPORTING MEMORANDUM JUDD as counsel for Defendants

026

ANSWER (Defendants: R. Gregory Shepard and Roger Freeborn)

024

JURY DEMAND

023

ANSWER (Defendants: R. Gregory Shepard and Roger Freeborn)

022

ANSWER (Defendants: RaPower-3, LLC, International Automated Systems, Inc., LTB1, LLC, Neldon Johnson)

021

NOTICE of Appearance by Donald S. Reay on behalf of R. Gregory Shepard (Reay, Donald)

002

COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF