2:15-cv-00828-DN

NOTICE:

As of July 8, 2019, all equity in IAS shares is CANCELLED.

IAUS shares have no value.


THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH in U.S. v. RaPower-3, LLC., et al., Case No., 2:15-cv-828, has determined that tax information provided by Neldon Johnson, RaPower-3, LLC, International Automated Systems (IAUS), XSun Energy, LLC, SOLCO I LLC, Greg Shepard, and others associated with them regarding solar energy lenses is false.

2:15-cv-00828-DN

USA vs RAPOWER-3, IAUS, LTB1, GREG SHEPARD, NELDON JOHNSON, ROGER FREEBORN



1022

NOTICE of Sale Results Elk Ridge, Utah Home by Wayne Klein

1021

STATUS REPORT (Eighth Quarterly) by Wayne Klein.

1021-1

Exhibit 1 - Property List

1020

RESPONSE re 1018 Declaration, filed by Randale Johnson.

1019

REQUEST to Submit for Decision re 964 MOTION for Sanctions re 931 Motion to set aside judgment, filed by Plaintiff USA.

1018

DECLARATION of Receiver Wayne Klein re 1006 Order on Motion to Produce, LaGrand and Randale Johnson's Production of Records filed by Wayne Klein.

1017

ORDER granting 1015 Motion to Authorize Sale of Elk Ridge, UT, Home Free and Clear of Purported Interests. Signed by Judge David Nuffer on 10/2/20

1016

ORDER granting 1011 Motion for Approval of Seventh Fee Application. Signed by Judge David Nuffer on 9/23/20

1015

Supplemental MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein.

1015-1

Text of Proposed Order

1014

DECLARATION of Randale Johnson re 1006 Order on Motion to Produce, filed by Randale Johnson.

1014-1

Exhibit Bank Statements

1013

DECLARATION of LaGrand Johnson re 1006 Order on Motion to Produce, filed by LaGrand Johnson.

1013-1

Exhibit Bank Statements

1012

DECLARATION of Glenda Johnson re 1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, filed by Glenda Johnson.

1011

MOTION for Approval of Seventh Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.

1011-1

Exhibit A - Summary

1011-2

Exhibit B - Detail

1011-3

Text of Proposed Order

1010

DECLARATION of Steven Paul re 1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, acknowledging delivery of Order, ECF 1007, to the Johnsons filed by Glenda Johnson, LaGrand Johnson, Neldon Johnson, Randale Johnson.

1009

DECLARATION of Randale Johnson re 1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by Randale Johnson.

1008

DECLARATION of LaGrand Johnson re 1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by LaGrand Johnson.

1007

MEMORANDUM DECISION AND ORDER granting 757 Motion to Direct Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson; denying 805 Motion to Strike; overruling 930 Objections and 890 Objections. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20

1006

ORDER granting 876 Motion to Produce Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20

1005

NOTICE of Publication by Wayne Klein re 988 Order on Motion for Miscellaneous Relief (Elk Ridge, UT Property) (Attachments: # 1)

1005-1

Exhibit Publication Affidavit

1004

REPLY to Response to Motion re 964 MOTION for Sanctions re 931 Motion to set aside judgment, filed by Plaintiff USA.

1003

Minute Entry for proceedings held before Judge David Nuffer: Motion Hearing held on 8/28/2020 re 973 MOTION for Order of Sale and Memorandum in Support filed by Wayne Klein. Counsel, court and court reporter present by Zoom video conference. Discussion heard on publication of the sale of the property, changes in the facts of the case. Ms. Hines has no objection to the sale. Mr. Balls is to prepare a proposed order as directed by the court. Court adjourned.

Attorney for Plaintiff: Erin Hines, Attorney for Defendant: Jeffery Balls, Stephen Paul. Court Reporter: Kelly Sommerville.(Time Start: 11:01, Time End: 11:10, Room 2B St. George.)(pjd) (Entered: 08/28/2020)

1002

DOCKET TEXT ORDER denying 999 Motion to Quash. The 999 Motion to Quash filed be Roger Hamblin is DENIED. However, the Receiver is directed to take precautions such as masks, cleaning surfaces, hand sanitizer, and social distancing in the deposition session.

Signed by Judge David Nuffer on August 28, 2020. No attached document.

1001

MEMORANDUM in Opposition re 999 MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Receiver Wayne Klein.

1001-1

Exhibit A - Subpoena to Hamblin

1000

Motions No Longer Referred: 999 MOTION to Quash Subpoena for Testimony and Memorandum in Support

999

MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Petitioner Roger Hamblin. Motions referred to Daphne A. Oberg.(nl) (Entered: 08/27/2020)

999-1

Exhibit A-Subpoena

999-2

Exhibit B- Email

999-3

Exhibit C- Tribute Archive

999-4

Exhibit D- Letter

998

MANDATE of USCA as to 698 Notice of Appeal: According to the USCA, the Appeal is Dismissed for lack of jurisdiction. (Entered: 08/18/2020)

998-1

# 1 USCA Judgment

998-2

# 2 Mandate Cover Letter

997

ORDER granting 995 Motion for Extension of Time to File Response/Reply re 964 MOTION for Sanctions re 931 Motion to set aside judgment: Reply memo due by 9/4/2020. No response to 986 Motion required at this time. Signed by Magistrate Judge Daphne A. Oberg on 8/18/2020

996

NOTICE OF HEARING ON MOTION re: 973 MOTION for Order of Sale and Memorandum in Support : Motion Hearing set for 8/28/2020 at 11:00 AM in Judges Chambers before Judge David Nuffer.

Conference link emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information (pjd) (Entered: 08/18/2020)

995

MOTION for Extension of Time to File Response/Reply as to 990 Memorandum in Opposition to Motion, 986 MOTION to Set Aside Judgment and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg.

995-1

Order denying petition for rehearing

995-2

Text of Proposed Order

994

CLERK'S NOTICE OF ERROR re 993 Order Dismissing Case - order was entered in wrong case. Case was already closed on 10/4/18

993

ERROR: ENTERED IN WRONG CASE - ORDER DISMISSING CASE without prejudice for lack of subject matter jurisdiction. Signed by Judge David Nuffer on 8/10/20

992

ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Millard County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20

991

ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Utah County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20

990

MEMORANDUM in Opposition re 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, filed by Interested Party Nelson Snuffer Dahle Poulsen PC.

990-1

Exhibit 1A - Transcript, Day 1

990-2

Exhibit 1B - Transcript, Day 2

990-3

Exhibit 1C - Transcript, Day 3

989

NOTICE OF FILING of Proposed Orders re 984 Memorandum Decision filed by Receiver Wayne Klein.

989-1

Text of Proposed Order

989-2

Text of Proposed Order

988

ORDER granting 972 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Elk Ridge). Signed by Magistrate Judge Daphne A. Oberg on 8/7/20

987

REQUEST to Submit for Decision re 972 Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein.

986

Pro Se MOTION to Set Aside Judgment (Rule 60) and Memorandum in Support filed by Defendant Neldon Johnson

985

NOTICE OF FILING re 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Receiver Wayne Klein.

985-1

Text of Proposed Order

985-2

Exhibit A - May 25th Email

984

MEMORANDUM DECISION AND ORDER Invalidating Liens that Glenda Johnson granted to Anstram Energy and directing Receiver to conduct additional investigation. Signed by Judge David Nuffer on 8/6/20

983

NOTICE OF FILING of Proposed Order re 967 Order,,,,,, Invalidating Liens and Directing the Receiver to Conduct Investigation filed by Receiver Wayne Klein.

983-1

Text of Proposed Order

982

ORDER granting 955 Motion to Discontinue Living Allowance to Gregory Shepard. Signed by Judge David Nuffer on 8/4/20

981

REQUEST to Submit for Decision re 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein.

980

DOCKET TEXT ORDER re 652 Docket Text Order appointing CJA Counsel, Edwin S. Wall for Neldon Johnson. As contemplated in the 953 Memorandum Decision and Order Taking Under Advisement Notice and/or Motion to Withdraw As Counsel for Defendants, and no objections having been filed prior to the expiration of the 14-day deadline set forth in the 953 Order, IT IS HEREBY ORDERED that the 652 Docket Text Order is clarified to provide that the appointment of Edwin S. Wall is limited to the contempt proceedings. No attached document. Signed by Judge David Nuffer on July 29, 2020.

979

NOTICE OF WITHDRAWAL OF COUNSEL of David E Leta and Jeff D. Tuttle filed by Jeffrey D. Tuttle on behalf of RaPower-3

978

Modification of Docket re 977 USCA Mandate. Error: USCA Cover Letter was erroneously not attached to mandate entry. Correction: Cover letter has been added to entry and is also attached to this entry. Signed by Judge David Nuffer on 7/28/20

977

MANDATE of USCA as to 445 Notice of Appeal - Interlocutory, 472 Notice of Appeal. According to the USCA, the Judgment of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: ) (alt) (Additional attachment(s) added on 7/28/2020: ) Signed by Judge David Nuffer on 7/28/20

977-1

# 1 USCA Judgment Signed by Judge David Nuffer on 7/28/20

977-2

# 2 Mandate Cover Letter Signed by Judge David Nuffer on 7/28/20

976

MEMORANDUM DECISION AND ORDER deeming as moot and denying 931 Motion to Set Aside Judgment; deeming as moot and denying 949 Motion to Withdraw as Counsel. Signed by Judge David Nuffer on 7/28/20

975

DOCKET TEXT ORDER GRANTING 974 Motion for Extension of Time to File Response/Reply re 964 MOTION for Sanctions and Memorandum in Support Regarding ECF No. 931, Rule 60 Motion to Set Aside Judgment. Opposition due by 8/12/2020. Signed by Magistrate Judge Daphne A. Oberg on 7/27/2020. No attached document.

974

MOTION for Extension of Time to File Response/Reply as to 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Daphne A. Oberg.

973

MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein.

973-1

# 1 Text of Proposed Order

973-2

# 2 Exhibit A

973-3

# 3 Exhibit B

973-4

# 4 Exhibit C

973-5

# 5 Exhibit D

973-6

# 6 Exhibit E

972

Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.

972-1

# 1 Text of Proposed Order

971

ORDER re 911 Receiver's Report on 677 Civil Contempt Order: by no later than 8/18/20, Pacific Stock Transfer Company shall pay to the Receiver a reduced fine amount of $10,000.00 in full satisfaction of the coercive fine previously ordered. Signed by Judge David Nuffer on 7/22/20

970

ORDER granting 943 Sixth Motion for Approval to Consummate Settlements: the clerk of the Court shall pay to the Receiver $97,430.00 deposited into the Court registry by Snell and Wilmer pursuant to the Amended and Restated Order Denying Application for Compensation and Reimbursement of Expenses filed in Case No. 2:18cv00608 DN on 11/6/18. Signed by Judge David Nuffer on 7/21/20

969

NOTICE OF FILING of Verification of Compliance with Order 947 filed by Respondent LaGrand Johnson.

968

REQUEST to Submit for Decision re 943 Sixth MOTION for Settlement filed by Receiver Wayne Klein.

967

DOCKET TEXT ORDER taking under advisement

- 923 Receiver's Notice of Non-Compliance and

- 942 Receiver's Report and Recommendation on Glenda Johnson's Non-Compliance with Order Requiring Release of Liens.

The court has reviewed the declarations and materials submitted by the parties in connection with the foregoing Notice and Report and Recommendation and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions adopting the recommendation that the liens be declared invalid and directing the Receiver to file the order with the county recorders of Millard County and Utah County.

The proposed order shall also direct the Receiver to locate and depose Roger Hamblin and Preston Olsen regarding all of their activities relevant to the 942 Report and Recommendation, and any other apparent efforts to interfere with the Receivership in this case.

The proposed order should comply with the instructions at http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before August 3, 2020, and shall be reviewed by opposing counsel within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to dj.nuffer@utd.uscourts.gov. No attached document. Signed by Judge David Nuffer on Jul y 14, 2020.

966

Motions No Longer Referred: 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support

965

Motions No Longer Referred: 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment,

964

MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, filed by Plaintiff USA. Motions referred to Daphne A. Oberg.

964-1

Declaration of Erin Healy Gallagher

964-2

Exhibit Pl. Ex. 970, IRS Pre-Trial Brief

964-3

Exhibit Pl. Ex. 971, IRS Post-Trial Brief

964-4

Exhibit Pl. Ex. 972, Tax Court Tr., Jan. 21, 2020

964-5

Exhibit Pl. Ex. 973, Tax Court Tr., Jan. 22, 2020

964-6

Exhibit Pl. Ex. 974, Tax Court Tr., Jan. 23, 2020

964-7

Exhibit Pl. Ex. 975, Expert Report of Dr. Thomas Mancini, Tax Court Exhibit 147-R

964-8

Exhibit Pl. Ex. 976, Rebuttal Report of Dr. Thomas Mancini, Tax Court Exhibit 148-R

964-9

Exhibit Pl. Ex. 977, 2020 06 08 letter from Healy Gallagher to Paul

964-10

Exhibit Pl. Ex. 978, 2020 06 11 email from Paul to Healy Gallagher

963

ORDER granting 922 Motion to Appoint Appraisers for Fourteen Properties in Millard County, UT; Utah County, UT; and Los Angeles, CA. Signed by Judge David Nuffer on 7/13/20

962

REQUEST to Submit for Decision re 922 MOTION to Appoint Expert Appraisers (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein.

961

STATUS REPORT (Seventh Quarterly) by Wayne Klein.

961-1

Exhibit 1 - Real Property List

960

DOCKET TEXT ORDER GRANTING 952 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Daphne A. Oberg on 7/9/2020. No attached document.

959

Motions No Longer Referred: 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support

958

DECLARATION of LaGrand Johnson re 947 Contempt Order, Terminate Motions filed by LaGrand Johnson.

957

DECLARATION of Randale Johnson re 947 Contempt Order, Terminate Motions filed by Randale Johnson.

956

DECLARATION of Glenda E. Johnson re 947 Contempt Order, Terminate Motions filed by Glenda Johnson.

955

MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.

955-1

Exhibit 1 - Summary of Payments

955-2

Text of Proposed Order

954

NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re 947 Contempt Order, Terminate Motions

954-1

Exhibit a. Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020

953

MEMORANDUM DECISION AND ORDER taking under advisement 949 Motion to Withdraw as Counsel as to Rapower-3, International Automated Systems, and Neldon Johnson. Signed by Judge David Nuffer on 7/7/20

952

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg.

952-1

Text of Proposed Order

951

Motions No Longer Referred: 949 MOTION to Withdraw as Counsel

950

NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re 947 Contempt Order, Terminate Motions


Modification of Docket re 940 Response to Motion, 944 Reply Memorandum/Reply to Response to Motion. 939 Motion was filed with wrong filing party selected was re-filed correctly as 949 Motion. Related motion briefings 940 and 944 have been re-linked to the corrected motion entry.

949

MOTION to Withdraw as Counsel and Memorandum in Support filed by Objectors Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings, Defendants International Automated Systems, LTB1, RaPower-3, Respondents Solco I, XSun Energy. Motions referred to Daphne A. Oberg. Attorney Steven R. Paul added to party Black Night Enterprises(pty:obj), Attorney Steven R. Paul added to party NP Johnson Family Limited Partnership(pty:obj), Attorney Steven R. Paul added to party Solstice Enterprises(pty:obj), Attorney Steven R. Paul added to party Starlight Holdings(pty:obj)

949-1

Text of Proposed Order

948

ORDER that the $735,202.22 in XSun funds currently held by the Receiver pursuant to 844 Stipulation are and may be retained as Receivership Property; Nelson Snuffer Dahle and Poulsen, PC does not have a valid attorney's lien on any portion of funds. Signed by Judge David Nuffer on 7/6/20

947

ORDER OF CONTEMPT against Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson, granting 754 MOTION for Sanctions (due to continued contempt). Signed by Judge David Nuffer on 7/6/20

946

NOTICE OF DEFICIENCY re 939 MOTION to Withdraw as Counsel. The document was incorrectly e-filed with an "Interested Party" that the document doesn't identify as a party any atty is moving to withdraw from representing selected as the filer. Also, law firms are not added to cases as counsel for parties, only individual attorneys are added as counsel for a party. This means that when filing a motion to withdraw as counsel, the party/parties that an attorney wishes to withdraw from representing must be selected as the filing party/parties.

945

DOCKET TEXT ORDER taking under advisement 876 Motion For Production of Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief ("Motion for Production"). In deciding the Motion for Production, the court anticipates it may also consider documents presented in connection with 757 the Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson. Any objections to the court doing so may be filed by no later than July 17, 2020 Signed by Judge David Nuffer on July 6, 2020. No attached document.

944

REPLY to Response to Motion re 939 MOTION to Withdraw as Counsel and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC.

944-1

Exhibit IRS Tax Court Transcripts

944-2

Exhibit District Court Trial Transcripts

943

Sixth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein

943-1

Exhibit A

943-2

Text of Proposed Order

942

STATUS REPORT and Recommendation on Glenda Johnson's Non-Compliance With Order Requiring Release of Liens by Wayne Klein

942-1

Exhibit 1 - Cert. of Formation Anstram Energy

942-2

Exhibit 2 - Glenda Johnson Answer

942-3

Exhibit 3 - Olsen Tax Court Transcript

941

Motions No Longer Referred: 939 MOTION to Withdraw as Counsel and Memorandum in Support

940

RESPONSE to Motion re 939 MOTION to Withdraw as Counsel and Memorandum in Support filed by Plaintiff USA.

939

MOTION to Withdraw as Counsel and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Daphne A. Oberg.

939-1

Text of Proposed Order

938

ORDER granting 927 Motion for Approval of Sixth Fee Application. Signed by Judge David Nuffer on 6/15/20

937

DECLARATION of Glenda Johnson re 933 Order filed by Glenda Johnson.

937-1

Exhibit Copy of Transfer of Membership Interest

937-2

Affidavit Declaration of Roger Hamblin

937-3

Affidavit Declaration of Preston Olsen

936

ORDER granting 935 Motion for Extension of Time. Signed by Magistrate Judge Daphne A. Oberg on 6/10/20

935

MOTION for Extension of Time to respond to Rule 60 motion and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg.

935-1

Text of Proposed Order

934

REQUEST to Submit for Decision re 927 MOTION for Approval of Sixth Fee Application filed by Receiver Wayne Klein.

933

ORDER re 923 Notice of Non-Compliance: Glenda Johnson must file a declaration by no later than 6/10/20. Signed by Judge David Nuffer on 6/3/20

[872]

TRANSCRIPT872Contempt of Court hearing - 2/25/2020

932

RESPONSE re 930 Objections, filed by Wayne Klein.

931

MOTION to Set Aside Judgment and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3.

931-1

Exhibit IRS Tax Court Transcripts

931-2

Exhibit District Court Trial Transcripts

930

OBJECTIONS to 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Glenda Johnson.

930-1

Exhibit to Objection to Proposed form of Order

929

RESPONSE re 925 Declaration, 920 Order,,(Glenda Johnson's Failure to Release Liens) filed by Wayne Klein.

928

Motions No Longer Referred: 927 MOTION for Approval of Sixth Fee Application and Memorandum in Support

927

MOTION for Approval of Sixth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.

927-1

Exhibit A - Time Summary

927-2

Exhibit B- Time Detail

927-3

Text of Proposed Order

926

REASSIGNMENT to Newly Appointed Magistrate Judge. Case Referral Reassigned to Magistrate Judge Daphne A. Oberg. Magistrate Judge Evelyn J. Furse no longer assigned to the case.

925

DECLARATION of Glenda Johnson re 923 Notice (Other) filed by Glenda Johnson.

924

Motions No Longer Referred: 922 MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over)

923

NOTICE of Non-Compliance by Wayne Klein re 920 Order

923-1

Exhibit A - Motion to Dismiss

923-2

Exhibit B - Payson Property Information

922

MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

922-1

Text of Proposed Order

922-2

Exhibit B - Qualifications

922-3

Exhibit C- Qualifications

922-4

Exhibit D- Qualifications

[856]

TRANSCRIPT856Contempt of Court hearing - 1/23/2020

[855]

TRANSCRIPT855Contempt of Court hearing - 1/23/2020

921

ORDER granting 894 Motion to Appoint Expert Appraisers for Elk Ridge, UT, Property. Signed by Judge David Nuffer on 5/5/20

920

ORDER re 888 Affidavit of Non-Compliance against Glenda Johnson: If Glenda Johnson fails to dismiss the West Wings Lawsuit with prejudice or fails to release the 3 liens as ordered, a bench warrant shall be issued for her arrest. Signed by Judge David Nuffer on 5/5/20

919

REQUEST to Submit for Decision re 888 Affidavit, of Non-Compliance against Glenda Johnson filed by Receiver Wayne Klein.

919-1

Text of Proposed Order

918

STATUS REPORT Receiver's Sixth Quarterly Status Report by Wayne Klein.

918-1

Exhibit 1 Real Property Status

917

NOTICE of of email submission of final draft opinion and order re United States' motion for additional sanctions by USA re 754 MOTION for Sanctions (due to continued contempt)

917-1

Text of Proposed Order Email submitting attached final draft opinion and order on United States' motion for additional sanction

916

DOCKET TEXT ORDER taking under advisement

- 757 Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson ("Motion for Turnover")

- 805 Motion to Strike New Evidence and Argument in Reply Memorandum

- 890 Objection to Receiver's Authentication of Exhibits in Support of His Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson

The court has reviewed the memoranda and materials submitted by the parties in connection with the foregoing motions and objection and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions (1) granting the 757 Motion for Turnover; (2) denying the 805 Motion to Strike; and (3) overruling the 890 Objection (for the reasons stated in the Receiver's memoranda, which shall be stated in the order).

The proposed order should comply with the instructions at http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before May 15, 2020, and shall be provided to opposing counsel for review within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to dj.nuffer@utd.uscourts.gov. Signed by Judge David Nuffer on April 23, 2020. No attached document.

915

NOTICE of Sale Results Howard County, Texas Property by Wayne Klein re 867 Order on Motion for Miscellaneous Relief

915-1

Exhibit Publication Affidavit

914

NOTICE OF FILING of Declaration of Compliance by Neldon Johnson re 893 Order filed by Defendant Neldon Johnson.

914-1

Exhibit 1. Declaration of Compliance of Neldon Johnson

913

FILED AGAIN AS 914 NOTICE W/EXHIBIT

912

NOTICE OF FILING of Declaration in Compliance re 893 Order to Turnover Vehicles filed by Respondent Glenda Johnson.

911

STATUS REPORT and Recommendation re Civil Contempt of Pacific Stock Transfer Company by Wayne Klein.

911-1

Exhibit A - Proof of Service

911-2

Exhibit B - Receiver's Declaration

911-3

Exhibit C - Email from PSTC

911-4

Exhibit D - Email from Receiver

911-5

Exhibit E - Email from Receiver

910

OBJECTIONS to 899 Notice (Other), filed by Glenda Johnson, LaGrand Johnson, Randale Johnson.

910-1

Supplement red-line edits to proposed form of order

909

ORDER granting 898 Fifth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 4/15/20

908

REQUEST to Submit for Decision re 898 Fifth MOTION for Settlement, 894 MOTION to Appoint Expert Appraisers (Elk Ridge, UT Property) filed by Receiver Wayne Klein.

907

ORDER granting 906 Motion for Extension of Time to File Response to Draft of Civil Contempt Order. Signed by Magistrate Judge Evelyn J. Furse on 4/10/20

906

Stipulated MOTION for Extension of Time to File Response/Reply as to 884 Order on Motion for Extension of Time and Memorandum in Support filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. Motions referred to Evelyn J. Furse.(

905

NOTICE OF DEFICIENCY re 904 Notice of Filing. The document is not signed. The clerk requests the filer of the original document to refile a singed version of the document, preferably styled as a Motion for Extension of Time per the limitations set re 'stipulations' in DUCivR 83-6. The new pleading will receive a new document number on the docket.

904

NOTICE OF FILING of Notice of Stipulated Extension to Deadlines to Respond to Draft of Civil Contempt Order re 884 Order on Motion for Extension of Time filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson.

903

NOTICE OF FILING of Declaration in Compliance re 893 Order filed by Respondent Glenda Johnson.

903-1

Supplement Affidavit Transferring Title

902

NOTICE OF FILING re 893 Order filed by Defendant Neldon Johnson.

902-1

Affidavit Declaration of Neldon Johnson Regarding Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson

902-2

Exhibit 1 - Vehicle List with Locations, Drivability, Towability, Title and Notes

902-3

Exhibit 2 - Declaration of Neldon Johnson Transferring Title in Vehicles

902-4

Exhibit 3 - Photographs of Vehicles

901

REQUEST to Submit for Decision re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA.

900

MEMORANDUM in Opposition re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Respondents LaGrand Johnson, Randale Johnson.

899

NOTICE of email submission of draft opinion and order re United States' motion for additional sanctions by USA re 754 MOTION for Sanctions (due to continued contempt), 863 Show Cause Hearing,

899-1

Email submitting attached draft opinion and order on United States' motion for additional sanction

898

Fifth MOTION for Settlement and Memorandum in Support of Receiver's Fifth Motion for Approval to Consummate Settlements filed by Receiver Wayne Klein. (Attachments: # 1)(Balls, Jeffery) (Entered: 03/30/2020)

898-1

Text of Proposed Order

897

Motions No Longer Referred: 894 MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property)

896

ORDER granting 873 Fourth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 3/30/20

895

ORDER granting 868 Motion for Approval of Receiver's Fifth Interim Fee Application. Signed by Judge David Nuffer on 3/30/20

894

MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

894-1

Text of Proposed Order

894-2

Exhibit B - Qualifications

893

ORDER Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson. Signed by Judge David Nuffer on 3/27/20

893-1

Exhibit 1

893-2

Exhibit 2

892

REQUEST to Submit for Decision re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA.

891

REQUEST to Submit for Decision re 812 Declaration, 873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein.

890

OBJECTIONS to 883 Response (NOT to motion) filed by Glenda Johnson.

889

RESPONSE re 812 Declaration, 859 Objections, Receiver's Affidavit of Non-Compliance Against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein.

888

AFFIDAVIT of Wayne Klein Ex-Parte Declaration of Non-Compliance against Glenda Johnson filed by Wayne Klein.

888-1

Exhibit A - Millard County Liens

888-2

Exhibit B - Complaint Johnson v. Wings West LC

888-3

Exhibit C - Payson Lien

888-4

Exhibit D - Howard County Texas Lien

887

REQUEST to Submit for Decision re 868 MOTION for Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein.

886

DOCKET TEXT ORDER GRANTING 885 Motion for Extension of Time to File Response/Reply. Response due 3/23/20. Signed by Magistrate Judge Evelyn J. Furse on 3/19/2020. No attached document.

885

Stipulated MOTION for Extension of Time to File Response/Reply as to 859 Objections to Affidavit of Non-Compliance filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

885-1

Text of Proposed Orde

884

ORDER granting 882 Motion for Extension of Time to File Draft Proposed Findings and Conclusions re Civil Contempt. Signed by Magistrate Judge Evelyn J. Furse on 3/17/20

883

RESPONSE re 866 Order,,Authentication of Exhibits filed by Wayne Klein.

883-1

Exhibit 1

882

Consent MOTION for Extension of Time deadline to circulate and file draft proposed findings and conclusions and Memorandum in Support filed by Plaintiff USA. Motions referred to Evelyn J. Furse.

882-1

Text of Proposed Order

881

OBJECTIONS to 877 Notice (Other) filed by Glenda Johnson.

880

OBJECTIONS to 877 Notice (Other) filed by Neldon Johnson.

879

EXHIBITS filed by Wayne Klein re 877 Notice

878

Motions No Longer Referred: 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson

877

NOTICE of Filing Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson by Wayne Klein

877-1

Text of Proposed Order

876

MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. Motions referred to Evelyn J. Furse.

876-1

# 1 Exhibit Pl. Ex. 945 (excerpts), Composite Exhibit bank records in support of the summary chart at Pl. Exs. 942-944.pdf

876-2

# 2 Exhibit R. Ex. 2102, Transfers to insiders after key court dates

876-3

# 3 Exhibit R. Ex. 2172, Nov. 1, 2018 Account statement for Glenda Johnson savings account (#2790) at Peoples Intermountain Bank

876-4

# 4 Exhibit R. Ex. 2173, Oct. 24, 2018 account statement for Glenda Johnson checking account (#1808) at Peoples Intermountain Bank

876-5

# 5 Text of Proposed Order

875

** Missing Document **

874

Motions No Longer Referred: 873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support

873

Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

873-1

# 1 Text of Proposed Order

872

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Sanctions held on February 25, 2020, before Judge David Nuffer, re 472 Notice of Appeal, 698 Notice of Appeal, 445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken, Telephone number 801-521-7238.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020

871

ORDER granting 870 Motion for Extension of Time: Receiver's response to 870 Objection is due on 3/18/20. Signed by Magistrate Judge Evelyn J. Furse on 3/4/20

870

Stipulated MOTION for Extension of Time for Receiver's Response to Objection to Affidavit of Non-Compliance filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

870-1

Text of Proposed Order

869

** Missing Document **

868

MOTION for Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

868-1

Exhibit A

868-2

Exhibit B

868-3

Text of Proposed Order

867

ORDER granting 857 Motion to Approve Sale of TX Property. Signed by Magistrate Judge Evelyn J. Furse on 3/2/20

866

ORDER re 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson: authentication of certain exhibits requested. Signed by Judge David Nuffer on 3/2/20

865

** Missing Document **

864

Witness and Exhibit List.(ksm)

863

Minute Entry for proceedings held before Judge David Nuffer: Show Cause Hearing re 754 MOTION for Sanctions and Memorandum in Support (due to continued contempt) held on 2/25/2020. Counsel for all parties present. Exhibits received and witnesses presented. The court sets the following schedule. Draft order due from govt. by March 17, 2020. Response due by defendants by March 27, 2020. Final order due to the court by April 5, 2020. Attorney for Plaintiff: Erin Healy Gallager, Michael Lehr for receiver Wayne Klein, Attorney for Defendant: Ed Wall for Neldon Johnson, and Steven Paul for Glenda Johnson and Randale Johnson.Court Reporter: electronic/Kelly Hicken.(Time Start: 9:00:53 am, Time End: 2:27:16 pm, Room 7.200.)

862

RESPONSE re 858 Order, filed by USA.

862-1

Appendix to United States' Statement of Issues for February 25, 2020 Contempt Hearing

861

RESPONSE re 858 Order,on behalf of Glenda Johnson, LaGrand Johnson and Randale Johnson to the Government's Statement of Issues for February 25, 2020 Hearing filed by Glenda Johnson, LaGrand Johnson, Randale Johnson.

860

RESPONSE re 858 Order,Neldon Johnson's Position As to The United States' Statement of Issues For January 25, 2020 Contempt Hearing filed by Neldon Johnson.

859

OBJECTIONS to 812 Declaration (Receiver's Affidavit of Non-Compliance) filed by Nelson Snuffer Dahle Poulsen PC.

859-1

Exhibit A - Declaration of Denver Snuffer

858

ORDER re: Issues for 2/25/20 Evidentiary Hearing. Signed by Judge David Nuffer on 2/19/20

857

MOTION for Order Approving (1) Public Sale of Property, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

857-1

#1 Text of Proposed Order

857-2

#2 Exhibit Ex. B Appraisal

856

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume II held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Phoebe Moorhead, Telephone number (480)265-0404.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020.

855

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume I held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Rebecca Janke, Telephone number (801)521-7238.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020.

854

ORDER granting 829 Motion to Appoint Expert Appraisers for Texas Property of N.P. Johnson Family Limited Partnership. Signed by Judge David Nuffer on 2/3/20

853

ORDER granting 827 Third Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 2/3/20

852

STATUS REPORT Receiver's Fifth Quarterly Status Report by Wayne Klein.

852-1

Exhibit Property List

851

4th AMENDED NOTICE OF HEARING ON MOTION - Examination Under Oath re: 754 MOTION for Sanctions (due to continued contempt) : Motion Hearing reset for Tuesday, 2/25/2020 at 09:00 AM in Rm 7.200 before Judge David Nuffer.

See order 803 entered 11/25/2019 for instructions/details.

850

Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Preliminary Hearing held on 1/23/2020. Government calls witnesses Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson. Witnesses/Respondents Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson sworn and testified. Court delays formal admission of exhibits until the next court proceeding, which is set for Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court continues 754 MOTION for Sanctions Hearing that was set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer until Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court to send out notice. Attorney for Plaintiff: Erin Healy Gallagher. Receiver Wayne Klein Present; Attorney Michael S. Lehr Present, Attorneys for Defendant: Daniel B. Garriott, Steven Paul, Edwin Wall. Court Reporter: Electronic.(Time Start: 9:07:01, Time End: 5:01:03, Room 8.100.)

849

ORDER denying 837 Motion to Continue Contempt Hearing. Signed by Judge David Nuffer on 1/22/2

848

ORDER REFERRING MOTION 754 MOTION for Sanctions (due to continued contempt) filed by USA Motions referred to Paul Kohler. Signed by Judge David Nuffer on 1/22/2020.

847

ORDER granting 845 Motion re Retainer Funds Held in NSDP's Client Trust Account; denying as moot NSDP's 820 Motion to Intervene. Signed by Judge David Nuffer on 1/21/20

846

ORDER granting 823 Motion for Approval of Receiver's Fourth Interim Fee Application. Signed by Judge David Nuffer on 1/21/20

845

Stipulated MOTION Re: Retainer Funds in NSDP's Client Trust Account filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse.

845-1

Text of Proposed Order

844

STIPULATION Regarding Retainer Funds Held in NSDP's Client Trust Account by Nelson Snuffer Dahle Poulsen PC.

844-1

Text of Proposed Order

843

NOTICE of filing declarations for use at hearings on motion for additional contempt sanctions by USA

843-1

Exhibit Pl. Ex. 960, Declaration of James Bennett

843-2

Exhibit Pl. Ex. 961, Declaration of Gordon Jacobsen

842

REQUEST to Submit for Decision re 827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support , 829 MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein.

841

DOCKET TEXT ORDER taking under advisement 837 Motion to Continue Contempt Hearing. On the basis of the instant District Court's previously-set contempt hearing, Neldon Johnson must move to quash the Tax Court subpoena. Additionally, by no later than noon on Tuesday, January 21, 2020, (1) any reply in support of the 837 motion must be filed and must include a copy of the motion to quash, and (2) Johnson must provide (A) the date of service (or proof of service) of the Tax Court subpoena, (B) the names of all counsel in the Tax Court case, and (C) contact information for the Tax Court staff and judge. Signed by Judge David Nuffer on January 17, 2020. No attached document.

840

MEMORANDUM in Opposition re 837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Plaintiff USA.

839

3rd AMENDED NOTICE OF HEARING - Examination Under Oath :

Preliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 8.100 before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. This amended notice is to amend the courtroom number for 1/23/2020 hearing.

838

Motions No Longer Referred: 837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support

837

MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

837-1

Exhibit 1. Subpoena of United States Tax Court for Neldon Johnson

837-2

Exhibit 2. Text of Proposed Order

836

STATUS REPORT as to as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing per ECF No. 828 by USA.

835

DOCKET TEXT ORDER GRANTING 833 Motion for Extension of Time to File Response/Reply re 820 Motion to Intervene. Reply due by 1/17/2020. Signed by Magistrate Judge Evelyn J. Furse on 1/13/2020. No attached document.

834

REQUEST to Submit for Decision re 823 MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein.

833

Stipulated MOTION for Extension of Time , MOTION for Extension of Time to File Response/Reply as to 820 MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse.

833-1

Text of Proposed Order

832

ORDER granting 814 Second Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 1/8/20


2nd AMENDED NOTICE OF HEARING - Examination Under Oath

Preliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 7.300 before Magistrate Judge Paul Kohler.

754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer.

See order 803 entered 11/25/2019 for instructions/details. This amended notice is to add the courtroom number.

831

REQUEST to Submit for Decision re 814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support , 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein.

830

Motions No Longer Referred: 827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support; 829 MOTION to Appoint Expert Appraiser and Memorandum in Support

829

MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

829-1

# 1 Text of Proposed Order Ex. A

829-2

# 2 Exhibit Ex. B Appraiser Qualifications

828

MEMORANDUM DECISION AND ORDER (1) Denying 808 NSDP Motion to Retain Records; (2) Requiring Neldon Johnson to Deliver Boxes 15-27 to the Receiver; and (3) Requiring Plaintiff to File Status Report as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing. Signed by Judge David Nuffer on 12/28/19.

827

Third MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein.

827-1

# 1 Text of Proposed Order

826

MEMORANDUM in Opposition re 820 MOTION to Intervene filed by Receiver Wayne Klein

825

Motions No Longer Referred: 823 MOTION for Fourth Interim Fee Application

824

REPLY to Response to Motion re 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Attorney Daniel B. Garriott added to party Nelson Snuffer Dahle Poulsen PC

823

MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

823-1

# 1 Exhibit Time Summary

823-2

# 2 Exhibit Time Detail

823-3

# 3 Exhibit Expense Reimbursement

823-4

# 4 Text of Proposed Order

822

REPLY to Response to Motion re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Receiver Wayne Klein.

821

Motions No Longer Referred: 820 MOTION to Intervene

820

MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse.

819

NOTICE of Appearance by Jeremy R. Speckhals on behalf of Nelson Snuffer Dahle Poulsen PC

818

NOTICE of Appearance by Michael F. Skolnick on behalf of Nelson Snuffer Dahle Poulsen PC

817

MEMORANDUM in Opposition re 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Receiver Wayne Klein.

817-1

Exhibit A - Documents Summary

816

NOTICE of Appearance by Jeffery A. Balls on behalf of Wayne Klein

815

Motions No Longer Referred: 814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support

814

Second MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

813

MEMORANDUM in Opposition re 805 MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Receiver Wayne Klein.

812

DECLARATION of Wayne Klein Ex-Parte Declaration of Non-Compliance against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein.


AMENDED NOTICE OF HEARING - Examination Under Oath

Preliminary Hearing reset for Thursday, 1/23/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing reset for Friday, 1/24/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (moved from 12/12-13/2019)

See order 803 entered 11/25/2019 for instructions/details. An amended notice of hearing will be docketed once a courtroom number has been determined.

811

DOCUMENTS LODGED consisting of 120419 email string re continuance of 121219 and 121319 hearings.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

810

DECLARATION of Neldon P. Johnson Regarding Source of Funds for Filings filed by Neldon Johnson.

809

Motions No Longer Referred: 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27)

808

MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse. Attorney Steven R. Paul added to party Nelson Snuffer Dahle Poulsen PC(pty:ip)

808-1

Exhibit Index of Boxes N. Johnson gave to Receiver

807

STIPULATION re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies extending time to reply by Wayne Klein.

806

Motions No Longer Referred: 805 MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion and Memorandum in Support

805

MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Respondent Glenda Johnson. Motions referred to Evelyn J. Furse.


NOTICE OF HEARING FOR DECEMBER 12 and 13, 2019:

Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson set for Thursday, 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler.

Motion for Sanctions 754 Hearing set for Friday, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer.

804

AMENDED NOTICE OF HEARING ON MOTION re: 754 MOTION for Sanctions (due to continued contempt) :

Motion Hearing set for Fridya, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (amended to correct that Judge Nuffer will conduct the hearing)

803

ORDER setting Evidentiary/Motion Hearing re 754 MOTION for Sanctions (due to continued contempt) for 12/13/2019 at 09:00 AM in Rm 7.200 before Judge David Nuffer. Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson is set for 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. Signed by Judge David Nuffer on 11/25/19

802

REPLY to Response to Motion re 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein.

802-1

Appendix Evidence Rebutting Claims Made in Opposition

802-2

Ex. A Glenda Johnson Deposition Transcript

802-3

Ex. B Zions Bank Declaration

802-4

Ex. C Bank of American Fork Declaration

802-5

Ex. D Millard County Credit Union Declaration

802-6

Ex. E Wells Fargo Bank Declaration

802-7

Ex. F Declaration of Receiver

801

ORDER denying as moot 789 Motion to Reassign Case per DUCivR 83-2(g). Signed by Judge David Nuffer

800

CLERK'S NOTICE OF ERROR re 789 Third MOTION to Reassign Case per DUCivR 83-2(g). Description of error: Filer use the "Miscellaneous Relief" motion relief instead of "Reassign Case". The entry has been adjusted by correcting the motion relief. Filers are reminded to use the "Miscellaneous Relief" motion relief only if there is not an existing motion relief that state the relief being sought.

799

ORDER granting 766 Motion for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlement without Court Review. Signed by Judge David Nuffer on 11/19/19

798

CLERK'S NOTICE OF ERRORS re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson. Description of error: Motions were filed as Motions for Summary Judgment, however neither is for entry of final judgment as to the complaint. The entry has been adjusted by correcting both motion relief to Miscellaneous Relief and correcting the entry text to state the actual reliefs sought. All related filings have also had their entry text corrected.

797

MEMORANDUM in Opposition re 780 MOTION for Summary Judgment and Memorandum in Support of Receiver's Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Defendant R. Gregory Shepard.

797-1

# 1 Affidavit Declaration of Diana C. Shepard

797-2

# 2 Affidavit Declaration of R. Gregory Shepard)

796

STIPULATION re 757 MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson extending time to reply by Wayne Klein.

795

REQUEST to Submit for Decision re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA.

794

STATUS REPORT Receiver's Fourth Quarterly Status Report by Wayne Klein.

794-1

Exhibit 1 - Property List

793

STIPULATION re 780 MOTION for Summary Judgment and Memorandum in Support of Receiver's Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies for extension of time to answer motion to 11/18 by R. Gregory Shepard.

792

DOCKET TEXT ORDER GRANTING 790 Motion for Extension of Time to File Response/Reply. Reply due 11/15/2019. Signed by Magistrate Judge Evelyn J. Furse on 10/21/201

791

Motions No Longer Referred: 789 Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support

790

Stipulated MOTION for Extension of Time to File Response/Reply to Glenda Johnson's Response to the Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein.

790-1

Text of Proposed Order

19-003

GENERAL ORDER assigning all current and future cases arising from or relating to United States vs RaPower-3, LLC et al, Case No. 2:15-cv-00828 to be directy assigned to Judge David Nuffer. Signed by Roger J. Shelby, Chief District Judge on 10/18/19

789

Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein.

789-1

Text of Proposed Order

788

ORDER granting 763 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/15/19

787

ORDER granting 736 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/17/19

786

ORDER granting 746 Motion to Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019. Signed by Judge David Nuffer on 10/15/2019.

785

ORDER granting 773 Motion to Appoint Counsel: Appointed David C. Castleberry appointed as Conflicts Counsel for Receiver Wayne Klein. Signed by Judge David Nuffer on 10/11/19

784

MEMORANDUM in Opposition re 757 MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson filed by Respondent Glenda Johnson.

784-1

Affidavit Of Glenda Johnson in Support of Opposition to Receiver's Motion

783

ORDER granting 761 Motion to Reappoint R. Wayne Klein as Receiver. Signed by Judge David Nuffer on 10/9/19

782

REPLY to Response to Motion re 763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein.

781

APPENDIX to 780 MOTION for Summary Judgment

780

MOTION for Summary Judgment and Memorandum in Support of Receiver's Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Receiver Wayne Klein.

780-1

Letter from Diana Shepard to Receiver, July 2, 2019 - Diana Shepard

780-2

Declaration of Diana Shepard - Diana Shepard

780-3

Quit-Claim from Greg Shepard to Diana Shepard, September 15, 1998 - Salt Lake County Recorder

780-4

Quit-Claim Deed from Diana Shepard to Diana C. Shepard Revocable Trust, September 15, 1998 - Salt Lake County Recorder

780-5

Trust Agreement for the Diana C. Shepard Revocable Trust - Greg and Diana Shepard

780-6

Revolving Credit Deed of Trust, May 23, 2007 - Salt Lake County Recorder

780-7

Warranty Deed from Diana C. Shepard Revocable Trust to Greg Shepard and Diana Shepard, March 21, 2007 - Salt Lake County Recorder

780-8

Deed of Trust, March 17, 2007 - Salt Lake County Recorder

780-9

Warranty Deed from Greg Shepard and Diana Shepard to Diana C. Shepard Revocable Trust - Salt Lake County Recorder

780-10

Greg Shepard Email to Receiver, May 23, 2019 - Greg Shepard

779

REQUEST to Submit for Decision re 766 MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review filed by Receiver Wayne Klein.

778

NOTICE of Sale Results (320-Acre Millard County Property Parcel No. HD-4612) by Wayne Klein

778-1

Exhibit A - Publication Notice

777

NOTICE of Sale Results (120-Acre Millard County Property Parcel No. HD-4609) by Wayne Klein

777-1

Exhibit A - Publication Notice

776

NOTICE of Sale Results (80-Acre Millard County Property Parcel No. HD-4657) by Wayne Klein

776-1

Exhibit A - Publication Notice

775

NOTICE of Sale Results (40-Acre Millard County Property Parcel No. HD-4654) by Wayne Klein

775-1

Exhibit A - Publication Notice)

774

Motions No Longer Referred: 773 MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel

773

MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

773-1

Text of Proposed Order

772

REPLY to Response to Motion re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA.

772-1

Affidavit Declaration of R. Wayne Klein in Support of United States' Motion for Additional Sanctions

772-2

Exhibit Pl. Ex. 958, Email from Wayne Klein re RaPower/Johnson Vehicles

772-3

Exhibit Pl. Ex. 959, Email from Wayne Klein re Glenda Johnson

771

MEMORANDUM in Opposition re 763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Respondent Glenda Johnson.

770

REQUEST to Submit for Decision re 761 MOTION Reappointment of Receiver and Memorandum in Support filed by Receiver Wayne Klein.

769

REQUEST to Submit for Decision re 746 MOTION To Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019 filed by Receiver Wayne Klein.

768

STIPULATION re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt), 760 Response to Motion extending time to reply by USA.

767

Motions No Longer Referred: 766 MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review

766

MOTION for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlements without Court Review filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

766-1

Text of Proposed Order

765

MEMORANDUM in Opposition re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson.

764

Motions No Longer Referred: 763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support

763

Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

763-1

Text of Proposed Order

762

Motions No Longer Referred: 761 MOTION Reappointment of Receiver and Memorandum in Support

[694]

TRANSCRIPT – 694 – Contempt of Court hearing - 5/28/2019

[692]

TRANSCRIPT – 692 – Contempt of Court hearing - 5/28/2019

761

MOTION Reappointment of Receiver and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

761-1

Text of Proposed Order

760

RESPONSE to Motion re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Defendant Neldon Johnson.

759

STIPULATION re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) for Extension of Time to Respond until September 11, 2019 by LaGrand Johnson, Randale Johnson.

758

APPENDIX to 757 MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson filed by Receiver Wayne Klein .

757

MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson filed by Receiver Wayne Klein.

757-1

RaPower-3 Savings Account Statement, Dec. 2011

757-2

RaPower-3 Checking Account Statement, Jan 2012

757-3

RaPower-3 Account Statement

757-4

RaPower-3 Account Statement, Jan. 2013

757-5

Glenda Johnson Account Statement, Feb. 2013

757-6

Cashier’s Check to Glenda Johnson, May 31, 2013

757-7

Cobblestone Check, Aug. 4, 2014

757-8

RaPower-3 Account Statement, Nov. 2014

757-9

Cobblestone Check, Oct. 15, 2014

757-10

RaPower-3 Account Statement March 2015

757-11

RaPower-3 Account Statement, June 2018

756

REQUEST to Submit for Decision re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein.

755

Motions No Longer Referred: 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt)

754

MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. Motions referred to Evelyn J. Furse.

753

REPLY to Response to Motion re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein.

[663]

TRANSCRIPT – 663 – Contempt of Court hearing - 5/3/2019

[640]

TRANSCRIPT – 640 – Contempt of Court hearing - 4/26/2019

[421]

TRANSCRIPT – 421 – Closing Arguments - 6/21/2018

752

ORDER Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (2) Public Auction Procedures 735 . (120-Acre Millard County Property HD-4609). Signed by Magistrate Judge Evelyn J. Furse on 8/19/19.

751

ORDER Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (2) Public Auction Procedures 740 Motion (320-Acre Millard County Property HD-4612).

750

ORDER granting 749 the United States' Motion to Exceed Page Limit for its Forthcoming Motion for Additional Sanctions Due to Continued Contempt: The United States may file a motion for additional sanctions due to continued contempt that is 16 total pages, exclusive of the "face sheet, table of contents, table of authorities, signature block, certificate of services, and exhibits." Signed by Magistrate Judge Evelyn J. Furse on 8/19/19.

749

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA.

749-1

Text of Proposed Order

748

Motions No Longer Referred: 746 MOTION To Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019

747

RESPONSE re 724 Status Report, filed by Nelson Snuffer Dahle Poulsen PC. Attorney Denver C. Snuffer, Jr added to party Nelson Snuffer Dahle Poulsen PC(pty:ip)

747-1

Exhibit 6-19-02 ltr to J McGrath

747-2

Exhibit McGrath email 10-12-02

747-3

Exhibit Alpine Securities 2012 1099

747-4

Exhibit 3-15-19 ltr to W Klein

747-5

Exhibit McGrath email 10-23-02

747-6

Exhibit Pacific Stock Transfer IAS Shareholder & Certificate Detail

747-7

Exhibit 10-10-03 ltr to Smith Barney

747-8

Exhibit IAS Certificate No 5803

746

MOTION To Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019 filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

746-1

Exhibit A - Time Summary

746-2

Exhibit B - Time Detail

746-3

Exhibit C - Expense Reimbursement

746-4

Exhibit D - Text of Proposed Order

745

MEMORANDUM in Opposition re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Respondents LaGrand Johnson, Randale Johnson.

745-1

Exhibit Table Comparing Lawsuits

745-2

Exhibit List of Transactions invovling Randale and LaGrand Johnson

745-3

Exhibit Court Information Regarding Judge Nuffer's Move to St. George

744

NOTICE of Sale Results, San Bernardino by Wayne Klein re 668 Order on Motion for Miscellaneous Relief

744-1

Affidavit Publication Affidavit

743

NOTICE of Sale Results HD-4658-1 by Wayne Klein re 689 Order on Motion for Miscellaneous Relief

743-1

Affidavit Publication Affidavit

742

**SEALED DOCUMENT** re 738 Declaration,,,,,,, filed by Defendant Neldon Johnson

741

DOCKET TEXT ORDER GRANTING 739 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Evelyn J. Furse on 8/5/2019.

740

MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (320-Acre Millard County Property HD-4612) filed by Receiver Wayne Klein.

740-1

Exhibit A - Sale Order

740-2

Exhibit B - Appraisal

740-3

Exhibit C - Auction Procedures

739

MOTION for Leave to File Sealed Document filed by Defendant Neldon Johnson.

739-1

Text of Proposed Order

738

DECLARATION of Neldon Johnson filed by Neldon Johnson.

738-1

Exhibit A - Amended License Agreements

738-2

Exhibit A - Assets at Delta Utah Facility

738-3

Exhibit A - Assets at Delta Utah Facility 1

738-4

Exhibit B (01) - Real Property in the Name of Glenda Johnson,

738-5

Exhibit B (01) - Real Property in the Name of Glenda Johnson 1

738-6

Exhibit B (02) Real Property Owned by Defendants.Entites

738-7

Exhibit B (02) Real Property Owned by Defendants.Entites 1 .

738-8

Exhibit C (01) - List of Patents

738-9

Exhibit C (01) - List of Patents

738-10

Exhibit C (01) - List of Patents

738-11

Exhibit C (02) List of Patents - Located in Boxes 1

738-12

Exhibit D - Patents assigned by Black Night Enterprises (1)

738-13

Exhibit D - Patents assigned by Black Night Enterprises (1) 1

738-14

Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1)

738-15

Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1)

738-16

Exhibit F - Bank Accounts owned by Receiver Defendants (1)

738-17

Exhibit F - Bank Accounts owned by Receiver Defendants (1) 1

738-18

Exhibit G- Shares as per IAS Minutes (1)

738-19

Exhibit G- Shares as per IAS Minutes (1) 1

738-20

Exhibit H 01 - Final Letter to court

738-21

Exhibit H 02 - Company Information 10-31-18

738-22

Exhibit H 03 - IAUS- TransJrl

738-23

Exhibit H 04 - Shareholder List Active ONLY Holders

738-24

Exhibit H 05 - Shareholder List Active-Inactive Holders

738-25

Exhibit I - Bank Account Transactions over $1000 8-2-19 REDACTED

738-26

Exhibit J

738-27

Exhibit K - Inventory of Docs at NSDP

738-28

Exhibit L - Boxes and Documents at Nelson Snuffer Dahle)

737

Motions No Longer Referred

736

MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

736-1

Text of Proposed Order

735

MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (120-Acre Millard County Property HD-4609) filed by Receiver Wayne Klein.

735-1

Sale Order

735-2

Appraisal

735-3

Auction Procedures

734

ORDER of USCA 10th Circuit as to 626 Notice of Appeal: petition for rehearing is denied (alt) (Entered: 07/31/2019)

733

NOTICE of email submission with redline draft regarding civil contempt order by USA re 725 Order on Motion for Extension of Time, 701 Contempt Order, Terminate Motions,

733-1

July 26, 2019 email from Erin Healy Gallagher with attached word-processing redline of draft declaration of Neldon Johnson

732

ORDER granting 709 Motion for Attorney Fees in re Civil Contempt: R. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable to the Receiver and shall cause a certified check to be delivered to counsel for the total amount of $31,563.52 by no later than 8/15/19. Signed by Judge David Nuffer on 7/25/19

731

ORDER granting 707 Motion for Attorney Fees in re Civil Contempt: R. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable to the USA and shall cause a certified check to be delivered to counsel for the total amount of $25,146.85 by no later than 8/15/19. Signed by Judge David Nuffer on 7/25/19

730

ORDER granting 729 Motion for Leave For All Parties to File all exhibits and red-line responses re: N. Johnson's draft declaration Under Seal and without redacted versions. For clarification, this motion does not pertain to the filing of the final signed Declaration due on 8/2/19. Signed by Magistrate Judge Evelyn J. Furse on 7/25/19

729

MOTION for Leave to File Sealed Document MOTION THAT ALL PARTIES BE GRANTED LEAVE TO FILE THE EXHIBITS TO THE DRAFT DECLARATION OF NELDON JOHNSON AND THE RESPONSIVE RED-LINE VERSIONS UNDER SEAL AND FOR WAIVER OF REQUIREMENT TO FILE REDACTED COPY filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

729-1

Text of Proposed Order

728

DOCUMENTS LODGED consisting of 2019 July 5 Email from Steven Paul re: Compliance Declarations.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

727

REQUEST to Submit for Decision re 709 MOTION for Attorney Fees and Memorandum in Support , 707 MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein.

726

CERTIFICATE OF SERVICE by Neldon Johnson Draft Declaration of Neldon Johnson

725

ORDER granting 706 Motion for Extension of Time for Production of Neldon Johnson's Declarations. Signed by Judge David Nuffer on 7/19/19

724

STATUS REPORT - Receiver's Third Quarterly Status Report by Wayne Klein.

723

ORDER granting 713 Motion to Approve Sale of 80-Acre Millard County Property HD-4657. Signed by Magistrate Judge Evelyn J. Furse on 7/18/19

722

ORDER granting 712 Motion to Approve Sale of 40-Acre Millard County Property HD-4654. Signed by Magistrate Judge Evelyn J. Furse on 7/18/19

721

Please be advised the Record is complete for purposes of appeal for USCA case number re 698 Notice of Appeal (alt) (Entered: 07/12/2019)

720

NOTICE of Intent to Respond Regarding Declarations of Glenda Johnson, LaGrand Johnson, and Randale Johnson by Wayne Klein re 716 Declaration, 715 Declaration, 714 Declaration Signed by Judge David Nuffer on 7/8/19

719

ORDER granting 682 Motion for Cancellation of International Automated Systems' Shares: all equity in IAS shares is cancelled - IAS shares have no value, including any common shares, preferred shares, or warrants in IAS shares. Signed by Judge David Nuffer on 7/8/19

718

MEMORANDUM DECISION AND ORDER overruling 664 , 665 , and 675 Objections re inclusion of affiliates and subsidiaries. Signed by Judge David Nuffer on 7/8/19

717

RESPONSE to Motion re 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Plaintiff USA.

717-1

Exhibit Pl. Ex. 958, email correspondence from E. Wall to E. Healy Gallagher et al.)

716

DECLARATION of Randale Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Randale Johnson.

715

DECLARATION of LaGrand Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by LaGrand Johnson.

714

DECLARATION of Glenda Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Glenda Johnson.

713

MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (80-Acre Millard County Property HD-4657) filed by Receiver Wayne Klein.

713-1

Exhibit A - Sale Order

713-2

Exhibit B - Appraisal

713-3

Exhibit C - Auction Procedures

712

MOTION to Approve Order of (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures (40-Acre Millard County Property HD-4654) filed by Receiver Wayne Klein.

712-1

Exhibit A - Sale Order

712-2

Exhibit B - Appraisal

712-3

Exhibit C - Auction Procedures

711

MANDATE of USCA as to 626 Notice of Appeal filed by Neldon Johnson. According to the USCA the appeal of the USDC for the Dist of UT is dismissed. (jmr) (Entered: 07/02/2019)

710

Motions No Longer Referred: 709 MOTION for Attorney Fees and Memorandum in Support , 707 MOTION for Attorney Fees and Memorandum in Support , 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson (nas) (Entered: 07/01/2019)

709

MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

709-1

Declaration of Michael S. Lehr

709-2

Declaration of Wayne Klein

709-3

Text of Proposed Order

708

RESPONSE to Motion re 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Respondent Glenda Johnson.

707

MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff USA.

707-1

Declaration of Erin Healy Gallagher

707-2

Exhibit Pl. Ex. 957, Summary of US attorneys' fees and costs

707-3

Text of Proposed Order

706

MOTION for Extension of Time To Extend Deadline For Production of Declaration Of Neldon Johnson filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

706-1

Text of Proposed Order

705

NOTICE of email submission with redline drafts regarding civil contempt order by USA re 704 Declaration, 703 Declaration, 701 Contempt Order,,, Terminate Motions

705-1

June 28, 2019 email from Erin Healy Gallagher with comments and attached word-processing redline drafts

704

DECLARATION of Randale Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by Randale Johnson.

703

DECLARATION of LaGrand Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by LaGrand Johnson.

702

ORDER granting 642 Motion for Attorney Fees: Pacific Stock Transfer shall pay reasonable fees and costs in the total amount of $6,160.40 to the Receiver in full by no later than 8/1/19. Signed by Judge David Nuffer on 6/25/19

701

ORDER OF CONTEMPT granting 559 MOTION for Order to Show Cause. Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are guilty of civil contempt of the Corrected Receivership Order (Gregory Shepard purged his contempt as of 5/23/19). Gregory Shepard, Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson are jointly and severally liable for attorneys' fees and costs incurred by both USA and Receiver to enforce the CRO and for all litigation related to the Motion, including the Receiver's fees. Motions for fees and costs are due no later than 7/1/19. Signed by Judge David Nuffer on 6/25/19

700

USCA Case Number Case Appealed to Tenth Case Number 19-4089 for 698 Notice of Appeal, filed by Starlight Holdings, Solstice Enterprises, XSun Energy, Solco I, NP Johnson Family Limited Partnership, Black Night Enterprises.

699

Transmission of Preliminary Record to USCA re 698 Notice of Appeal

699-1

Appendix

698

NOTICE OF APPEAL as to 636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Black Night Enterprises, NP Johnson Family Limited Partnership, Solco I, Solstice Enterprises, Starlight Holdings, XSun Energy. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3308724.

697

NOTICE of email submission of draft opinion and order on United States' motion for order to show cause re civil contempt by USA re 559 MOTION for Order to Show Cause

697-1

Text of Proposed Order

696

REPLY to Response to Motion re 682 MOTION Cancellation of IAS Shares re 552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Receiver Wayne Klein.

696-1

Exhibit USPTO Documents

696-2

Exhibit Patent License Agreement

695

** Missing Document **

694

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Closing Arguments and Court's Ruling held on May 28, 2019, before Judge David Nuffer, re 626 Notice of Appeal, 472 Notice of Appeal, 445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-521-7238.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019 (alt) (Entered: 06/12/2019)


693

** Missing Document **

692

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on May 28, 2019, before Judge David Nuffer, re 626 Notice of Appeal, 472 Notice of Appeal, 445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019 (alt) (Entered: 06/12/2019)

691

NOTICE of email submission of draft opinion and order on United States' motion for order to show cause re civil contempt by USA re 559 MOTION for Order to Show Cause

691-1

Text of Proposed Order June 10, 2019 email from Erin Healy Gallagher with attached word-processing draft opinion and order

690

Defendant's RESPONSE to Motion re 682 MOTION Cancellation of IAS Shares re 552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Defendant International Automated Systems.

690-1

Exhibit A

689

ORDER granting 661 Motion to Approve (1) Public Sale of Millard County Property, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures. Signed by Judge David Nuffer on 6/6/19

688

ORDER granting 651 Motion to Approve Receiver's Second Interim Fee Application. Signed by Judge David Nuffer on 6/6/19

687

RESPONSE re 664 Objections, 675 Objections, 665 Objections,,re Memorandum Decision and Order Including Affiliates in Receivership Estate filed by Wayne Klein.

687-1

Neldon Johnson Deposition Citation

686

Witness and Exhibit List for hearings held 4/26/2019, 5/3/2019 and 5/28/2019 before Judge David Nuffer.

685

Minute Entry for proceedings held before Judge David Nuffer: Motion Hearing held on 5/28/2019 re 559 MOTION for Order to Show Cause filed by USA, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein.

Counsel and pro se parties present. Mr. Wall stated that Neldon Johnson has retained Denver Snuffer. However, Mr. Snuffer is unable to certify that he is unable to go forward with todays proceedings and would request a continuance. The order issued 5/18/2019 states that if Mr. Johnson was to retain counsel, that they would be certified to be ready for todays proceedings. Mr. Snuffer addressed the court on the retention and preparedness for the contempt proceedings. If Mr. Snuffer is not allowed to represent Mr. Johnson, then Mr. Johnson would request to proceed pro se. Court stated that the hearing will go forward today as scheduled, then, if this hearing is continued to a future date, Mr. Snuffer would be allowed to appear on behalf of Mr. Johnson. Government responded to Mr. Wall and Mr. Snuffers statements. Mr. Lehr agreed with going forward today.

Mr. Klein returned to complete direct examination. Government moved for the admission of Exhibit 955. No objection. Court received. Government moved for the admission of Exhibit 952. No objections. Court received. Government moved for the admission of Exhibit 954. No objections. Court received. Government moved for the admission of Exhibit 953. No objections. Court received. Mr. Lehr moved for the admission of Exhibit 2088. No objections. Court received. Witness excused.

Government has no further witnesses. Mr. Wall has no witnesses. Mr. Paul has no witnesses. Mr. Shepard would like to provide testimony of himself, and will call Neldon, Glenda, Randale and LeGrand Johnson. Mr. Shepard sworn and testified. Mr. Shepard excused.

Government requested Mr. Shepard provide a proffer on what testimony he intends to obtain to the additional witnesses as how their testimony would apply to his compliance. Mr. Wall objects to his client, Neldon Johnson, to be called. Mr. Shepard would only call the witnesses to prove his innocence, not as their testimony applies to the contempt charge.

Final argument heard. Court stated the facts for the record.

Ms. Healy-Gallagher to prepare and submit the draft order by 6/10/2019 to opposed counsel/parties, objections in redline due 6/17/2019, final version due to court by 6/24/2019.

6/28/2019 Neldon Johnson to provide a draft of complete statements of records, inventory of what has been produced. 7/8/2019 final version to be submitted to court.

Glenda Johnson to go through the produced information and itemize with statement that complies with paragraphs 4 and 5 of the 676 order.

LeGrande and Randale Johnson to provide statements to comply with paragraph 24 of the 676 order.

Receiver to file by 7/1/2019 a motion award of attorneys fees.

Court made further findings as to contempt for the proposed order. No fines or incarceration are being ordered at this time.

Mr. Wall stated that his client is now satisfied with Mr. Walls representation and will not be changing counsel at this time.

Mr. Wall to submit a motion and order for appointment of additional persons to assist in complying with the courts order. The motion for withdraw is now denied.

Mr. Wall to report any time that Mr. Johnson fails to appear at scheduled appointments.

Court adjourned.

Attorney for Plaintiff: Erin Healy Gallagher. Attorney for Receiver: Michael Lehr. Attorney for Defendant: Ed Wall, Denver Snuffer, Steven Paul,, Gregory Shepard. Court Reporters: Becky Janke, Kelly Hicken (Time Start: 8:25, Time End: 4:32, Room 7.300.)(asb) Modified on 5/29/2019 to correct date hearing held (asb). (Entered: 05/29/2019)

684

DECLARATION on Accounting filed by Neldon Johnson (Entered: 05/28/2019)

684-1

Exhibit 1

684-2

Exhibit 2 Solstice contract to purchase towers from Glenda Johnson

684-3

Exhibit 3

684-4

Exhibit 4

684-5

Exhibit 5

684-6

Exhibit 6

684-7

Exhibit 7

684-8

Exhibit 8

684-9

Exhibit 9

684-10

Exhibit 10

684-11

Exhibit 11

684-12

Exhibit 12

684-13

Exhibit 13

684-14

Exhibit 14

684-15

Exhibit 15 - last 17 pages are scanned as-is, the originals were skewed, cutting off text

683

Motions No Longer Referred: 682 MOTION Cancellation of IAS Shares re 552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan

682

MOTION Cancellation of IAS Shares re 552 Receivers Financial Report re Recommendation of Publicly-Traded Status of IAS and Liquidation Plan filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.(Lehr, Michael) (Entered: 05/27/2019)

682-1

Exhibit Excerpt from Neldon Johnson Deposition

682-2

Text of Proposed Order

681

ORDER directing living expenses allowance for R. Gregory Shepard. Signed by Judge David Nuffer on 5/24/19

680

ORDER re Objections to 638 Notice re: Compliance and Adverse Inferences: 644 Response (NOT to motion) is overruled, and 645 Objection is stricken. Signed by Judge David Nuffer on 5/24/19

679

STIPULATION re 543 Errata, 526 Receivers Financial Report Receiver's Recommendation for Living Expenses Allowance for Gregory Shepard by Wayne Klein.

679-1

Text of Proposed Order

678

DOCKET TEXT ORDER re 677 Order: The Receiver is ordered to serve a copy of the Order re Contempt upon Pacific Stock Transfer Company as no counsel has appeared for the 'Respondent'. So ordered by Judge David Nuffer on 5/24/19

677

ORDER RE CIVIL CONTEMPT of Pacific Stock Transfer Company, granting 576 Motion for Order to Show Cause. Signed by Judge David Nuffer on 5/24/19

676

WRITTEN ORDER for Production, following 634 Minute Order on Motion for Order to Show Cause (follows oral order/hearing of 5/3/19). Signed by Judge David Nuffer on 5/24/19 (alt) (Entered: 05/24/2019)

675

OBJECTIONS to 636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, filed by Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings.

674

NOTICE of Appearance by Denver C. Snuffer, Jr on behalf of Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings

673

ORDER granting 628 Motion to Commence Legal Proceedings. Signed by Judge David Nuffer on 5/24/19

672

STIPULATED ORDER Regarding Funds Held By Glenda Johnson, following 634 Hearing/Minute Order on 576 Motion for Order to Show Cause. Signed by Judge David Nuffer on 5/24/19

671

DOCUMENTS LODGED consisting of correspondence between parties regarding proposed orders.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

671-1

Additional follow-up correspondence between parties regarding, and with copies of, proposed orders.

670

Notice of Tolling – Neldon Johnson

670-1

Copy of ORDER 19-4066

669

Declaration of Neldon Johnson

668

ORDER granting 610 Motion Regarding Public Sale of San Bernadino Property. Signed by Judge David Nuffer on 5/23/19

667

NOTICE OF DEFICIENCY re 666 Objections. The document was filed as if by Glenda Johnson, however the attached document does not identify her as a filing party and instead indicates several non-parties to this case as filers. The document will be marked as filed in error. Filers are reminded that they must contact the court to have parties added before attempting to file on behalf of any party not already named in the case.

666

OBJECTIONS to 636 Order on Motion for Miscellaneous Relief,, Memorandum Decision, SOLSTICE ENTERPRISES, INC., BLACK NIGHT ENTERPRISES, INC., STARLIGHT HOLDINGS, INC., N.P. JOHNSON FAMILY LIMITED PARTNERSHIP filed by Glenda Johnson.

665

OBJECTIONS to 636 Order on Motion for Miscellaneous Relief, Memorandum Decision, filed by Solco I.

665-1

Exhibit Kirton McConkie Memorandum

665-2

K&M Purchase Contract for Solco I

665-3

Exhibit Solco Escrow Agreement (redacted)

664

OBJECTIONS to 636 Order on Motion for Miscellaneous Relief, Memorandum Decision, filed by XSun Energy. Motions referred to Evelyn J. Furse.

664-1

Exhibit Checks to XSun

664-2

Exhibit Correspondence with Kirton & McConkie

664-3

Exhibit Engagement Agreement with Kirton & McConkie

664-4

Exhibit Invoices to XSun

663

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on May 3, 2019, before Judge David Nuffer, re 626 Notice of Appeal, 472 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-521-7238.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019 (alt) (Entered: 05/21/2019)

662

Motions No Longer Referred: 661 MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures

661

MOTION to Approve (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

661-1

Exhibit A - Sale Order

661-2

Exhibit B - Appraisal

661-3

Exhibit C - Auction Procedure

660

ORDER taking under advisement 657 Motion to Withdraw as Attorney. Mr. Wall is, and shall continue to be, counsel of record for Defendant Neldon Johnson in connection with the pending contempt proceedings in this case. Should another qualified attorney timely enter an appearance for Johnson, certifying readiness to proceed, the court may take action on the motion. In the meantime, Mr. Wall and Mr. Johnson are expected to attend and be fully prepared for the previously-scheduled May 28, 2019 hearing and all related proceedings in this case. Any party having an email address for Mr. Johnson shall serve a copy of this order on Mr. Johnson by email. Signed by Judge David Nuffer on May 18, 2019.

659

REPLY to Response to Motion re 628 MOTION to Commence Legal Proceedings filed by Receiver Wayne Klein.

658

Motions No Longer Referred: 657 MOTION to Withdraw as Attorney And For Standby Designation

657

MOTION to Withdraw as Attorney And For Standby Designation filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

657-1

Text of Proposed Order

656

DECLARATION of R. Gregory Shepard Third Supplemental Declaration in Compliance with ECF 491 p.26 filed by R. Gregory Shepard.

656-1

Exhibit Expenses over $1000

655

NOTICE of Appearance by Edwin S. Wall on behalf of Neldon Johnson (Wall, Edwin)

654

NOTICE OF FILING of Proposed Order Re: Civil Contempt of Pacific Stock Transfer Company filed by Receiver Wayne Klein.

654-1

Text of Proposed Order

653

Motions No Longer Referred: 651 MOTION for Second Interim Fee Application for 1/1/2019 - 3/31/2019

652

DOCKET TEXT Order Finding Mr. Neldon Johnson Indigent. Court orders the Appointment of CJA Counsel, Edwin S. Wall for Neldon Johnson. No attached document. Signed by Judge David Nuffer on 5/16/2019.

651

MOTION for Second Interim Fee Application for 1/1/2019 - 3/31/2019 filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

651-1

Exhibit A - Time Summary

651-2

Exhibit B – Time Details

651-3

Exhibit C - Expenses

651-4

Text of Proposed Order

650

**SEALED DOCUMENT** re 637 Order,,,,, Set Deadlines,,,, filed by Defendant R. Gregory Shepard

NOTE: Filer is instructed to serve the sealed document on all other parties..

649

NOTICE of Service upon Pacific Stock Transfer Company by Wayne Klein re 642 MOTION for Attorney Fees re 576 Motion for Order to Show Cause - PSTC and Proposed Order

649-1

Exhibit Proposed Order

649-2

Exhibit Affidavit of Process Server

648

DECLARATION of R. Gregory Shepard (Second) Relating to Compliance Verification of ECF 491 paragraph 24 filed by R. Gregory Shepard

648-1

Exhibit Attachment 1 - Ameritrade

648-2

Exhibit Attachment 2 - Closing Documents

647

Motions No Longer Referred: 642 MOTION for Attorney Fees re 576 Motion for Order to Show Cause - PSTC

646

Proposed Witness/Exhibit List by Neldon Johnson

645

OBJECTIONS to 638 Notice from the Court Re: Compliance and Adverse Inferences filed by Neldon Johnson

644

RESPONSE re 638 Notice (Other),Court's Notice RE Compliance and Adverse Inferences filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. (Attachments: # 1 d)

644-1

Exhibit Search Warrant Items Seized

643

RESPONSE to Motion re 628 MOTION Commence Legal Proceedings and Memorandum in Support filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson, Solco I, XSun Energy. Attorney Steven R. Paul added to party LaGrand Johnson, Attorney Steven R. Paul added to party Randale Johnson

642

MOTION for Attorney Fees re Motion for Order to Show Cause Pacific Stock Transfer Company filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

642-1

Affidavit Declaration of Michael Lehr

642-2

Affidavit Declaration of Wayne Klein

641

** Missing Document **

640

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 26, 2019, before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/7/2019. Release of Transcript Restriction set for 8/5/2019 (alt) (Entered: 05/07/2019)

639

** Missing Document **

638

NOTICE from the Court Re: Compliance and Adverse Inferences. Signed by Judge David Nuffer.

637

ORDER Directing R. Gregory Shepard to Submit Information; Directing Receiver to Confer with R. Gregory Shepard; and Directing Receiver to Make Recommendation: Based on information developed at the hearing on May 3, 2019, Defendant R. Gregory Shepard must complete a summary of his financial circumstances, including a complete statement of income, expenses, assets, and liabilities. Shepard must file this summary under seal and deliver a copy to the Receiver by May 15, 2019. Thereafter, the Receiver must confer with Shepard regarding Shepard's financial circumstances and evaluate the adequacy of the living expenses allowance Shepard receives. The Receiver is further directed to file a recommendation for any changes to Shepards living expenses allowance by May 24, 2019. The law firm of Nelson Snuffer Dahle & Poulsen is directed to e-mail a copy of this Order to Defendant R. Gregory Shepard immediately.

636

MEMORANDUM DECISION AND ORDER granting 582 Receiver's Motion to Include Affiliates and Subsidiaries in Receivership. Any person who may have an objection to this Memorandum Decision and Order, whether in whole or in part, must file such objection in this case within 21 days of receiving actual notice of this Memorandum Decision and Order or else such objection shall be considered waived. Signed by Judge David Nuffer on 5/3/2019.

635

ORDER Regarding Requests for Attorney, Expert, or Other Services Without Payment of Fee. If either Defendant R. Gregory Shepard or Defendant Neldon Johnson requests the appointment of an attorney in this case without payment of fee in connection with the pending contempt proceedings, they must each complete, sign, and file by no later than 12:00 p.m. on Monday, May 13, 2019, a copy of the Financial Affidavit in Support of Request for Attorney, Expert, or Other Services Without Payment of Fee. Signed by Judge David Nuffer on 5/3/2019.

635-1

Financial Affidavit


Set/Reset Deadlines as to 559 MOTION for Order to Show Cause, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO. Evidentiary Motion Hearing continued until Tuesday, 5/28/2019 at 08:30 AM in Rm 7.300 before Judge David Nuffer.

634

Minute Order. Proceedings held before Judge David Nuffer: taking under advisement 559 Motion for Order to Show Cause.; taking under advisement 576 Motion for Order to Show Cause.; Motion Hearing held on 5/3/2019 re 559 MOTION for Order to Show Cause filed by USA, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein.

Counsel and pro se parties present. Mr. Klein stated that the depositions of Neldon Johnson and Glenda Johnson were completed. Declarations were filed and received 620 621 622 623 625 . Ms. Healy Gallagher and Mr. Klein responded as to additional direct examination is necessary, after reviewing the declarations. Discussion heard on the boxes and thumb drives that have been delivered over the course of the past week. Court allowed to re-open direct examination of Mr. Klein.

Discussion heard on Exhibits 834 and 945. Ms. Healy Gallagher stated that Exhibit 945 was received on 4/26/2019 and provided by email. Mr. Paul continues to object to the Exhibit 834 in its entirety on relevance. Mr. Shepard and Mr. Johnson had no objections. Court received Exhibit 834 in its entirety. Court instructed Ms. Healy Gallagher to provide a declaration on business records.

Mr. Klein returned to continue testimony. Government moved to admit Exhibits 2007, 2009. No objections. Court received. Government moved to admit Exhibit 2010. Objection heard and withdraw. Court received. Government moved to admit Exhibits 2100, 2101, 2074, 2102. No objections. Court received. Mr. Johnson offered Exhibits 2085 and 2086. No objections. Court received.

Court addressed the issues of effectively concluding these proceedings. Counsel and pro se parties responded. Court ordered Mr. Johnson to obtain documents from the identified affiliates with first delivery by May 10 (along with the computer) and second delivery May 17, 2019 to the receiver. Ms. Healy Gallagher to prepare a proposed order listing all items to be delivered and submit by Monday, 5/6/2019. All of Ms. Glenda Johnsons bank and real estate records going back to 2013 be provided by May 17, 2019.

Court continued this hearing until May 28, 2019 at 8:30 a.m.

Mr. Klein requested that the Cobblestone bank accounts of Glenda Johnsons (Account #2190 and Folks Account, both located at Bank of American Fork) be frozen until until a determination of whether those are receivership proceeds. Ms. Healy Gallagher addressed the request. Mr. Paul responded after speaking with his client. He will have a stipulation signed and filed as quickly as possible. The two accounts and balances are secured and will not change, and provide bank account records to the receiver and continue on a monthly basis.

Ms. Healy Gallagher requested that sworn statements of Mr. Shepard and Mr. Johnson to be delivered by May 21, 2019. Court granted the request. Ms. Healy Gallagher requested an order of contempt on all respondents. Court made findings on the record as to the non-compliance of the court's valid order. Court did not make findings as to contempt at this time.

Court adjourned.

Attorney for Plaintiff: Erin Healy Gallagher. Attorney for Receiver: Jeffery Balls. Attorney for Defendant Steven Paul, Neldon Johnson, Gregory Shepard. Court Reporter: Kelly Hicken (Time Start: 8:30, Time End: 2:55, Room 7.300.) (asb) (Entered: 05/03/2019)

633

MEMORANDUM DECISION AND ORDER Quashing Subpoenas. Defendant Neldon Johnson caused subpoenas to be issued on April 24, 2019, commanding District Judge David Nuffer and Magistrate Judge Evelyn J. Furse to appear at a hearing in this case on April 26, 2019. Johnson served the Subpoenas by U.S. mail, addressed to the federal courthouse in Salt Lake City, where they were received on April 29, 2019. Among other deficiencies, the Subpoenas were not timely or properly served.THEREFORE, IT IS HEREBY ORDERED that the Subpoenas are QUASHED. Signed by Judge David Nuffer on 5/2/2019.

632

DOCUMENTS LODGED consisting of Subpoenas to Appear and Testify in Civil Action to Magistrate Judge Evelyn J. Furse and David Nuffer, issued 4/24/2019.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

631

DOCKET TEXT ORDER taking under advisement 628 Motion for Leave to Commence Legal Proceedings. Any response to the 628 motion must be filed by no later than May 9, 2019. Signed by Judge David Nuffer on 5/2/2019

630

Motions No Longer Referred: 628 MOTION Commence Legal Proceedings and Memorandum in Support

629

USCA Case Number Case Appealed to Tenth Case Number 19-4066 for 626 Notice of Appeal filed by Neldon Johnson.

628

MOTION Commence Legal Proceedings and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

628-1

Text of Proposed Order

627

Transmission of Preliminary Record to USCA re 626 Notice of Appeal

627-1

Appendix

626

NOTICE OF APPEAL as to 619 Minute Order on Motion, 624 Order on Motion to Dismiss, filed by Neldon Johnson. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 505.00

625

DECLARATION of Neldon P. Johnson re 491 Order filed by Neldon Johnson

625-1

Appendix of documents

624

ORDER denying 617 Motion to Dismiss Party (Receiver); denying 617 Motion to Dismiss Case. Signed by Judge David Nuffer on 4/29/19

623

DECLARATION of Glenda Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Glenda Johnson.

622

DECLARATION of LaGrand Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by LaGrand Johnson.

621

DECLARATION of Randale Johnson Relating to Compliance Verification of ECF 491 paragraph 24 filed by Randale Johnson.

620

DECLARATION of R. Gregory Shepard Relating to Compliance Verification of ECF 491 paragraph 24 and 26 filed by R. Gregory Shepard.


Set Evidentiary Motion Hearing as to 559 MOTION for Order to Show Cause, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO.

Motion Hearing continued until Monday, 5/3/2019 at 08:30 AM in Rm 7.300 before Judge David Nuffer. (asb) (Entered: 04/26/2019)

619

Minute Order. Proceedings held before Judge David Nuffer:

Counsel and pro se parties present. No appearance for Pacific Stock Transfer. Mr. Lehr and Mr. Klein addressed the court as to the status of Pacific Stock Transfer, offering Exhibits 1-6. Court received the exhibits. Court made findings on the record that Pacific Stock Transfer is in contempt. Mr. Lehr to prepare and submit the proposed order for contempt, noting that the $2,000 fine is due 10 days after entry of the order, and motion to attorneys fees, noting the response due 14 days after filing. Mr. Lehr offered Exhibits 1 thru 6. Court received. Court instructed Mr. Lehr to email the exhibits to chambers.

Ms. Healy Gallagher called Wayne Klein. Witness sworn and testified. Government offered Exhibits 937, 938, 939, 941, 507, 946, 947, 948, 949, 950, 945. No objections. Exhibits received. Government offered Exhibit 834. Objection heard. Court received Exhibit 834, pages 1, 2, 3,11 and 12 only. Government offered Exhibit 943. Objection heard. Court will receive, subject to a correct Exhibit 943 being submitted. The current Exhibit 943 will only be used as a summary. Government offered Exhibit 941, subject to correction. No objections. Exhibit received, subject to correction.

Mr. Paul addressed the court as to why his clients, Neldon (prior client) and Glenda Johnson (current client), did not appear for their scheduled depositions. Court ordered that Neldon Johnsons and Glenda Johnsons depositions must be taken before May 3, 2019. Counsel have agreed to schedule Glenda Johnson on Wednesday, May 1, 2019 and Neldon Johnson on Thursday, May 2, 2019.

Court continued this matter until Friday, May 3, 2019 at 8:30 a.m.

Court adjourned.

taking under advisement 559 Motion for Order to Show Cause.; taking under advisement 576 Motion for Order to Show Cause.; Motion Hearing held on 4/26/2019 re 559 MOTION for Order to Show Cause filed by USA, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Wayne Klein. Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant Steven Paul, Neldon Johnson, Gregory Shepard. Court Reporter: Becky Janke.(Time Start: 9:35, Time End: 12:44, Room 7.300.) (asb) (Entered: 04/26/2019)

618

ORDER granting 604 Motion to Lift Stay to Allow Settlement of Tax Case: The Litigation Stay is lifted solely to allow the IRS, R. Gregory Shepard and Diana C. Shepard to execute documents and to allow the Tax Court to enter any orders necessary to resolve the United States Tax Court, Case No. 002826-18. If a settlement agreement is not submitted and the Tax Court Case is not dismissed within 60 days of this Order, the Tax Court Case will automatically be stayed in accordance with paragraphs 44 through 48 of the Corrected Receivership Order. Signed by Judge David Nuffer on 4/25/19

617

MOTION to Dismiss Party Receiver, MOTION to Dismiss and Memorandum in Support filed by Defendant Neldon Johnson

617-1

Appendix

616

Proposed Witness and Exhibit List by Neldon Johnson

616-1

Exhibit 1

615

Proposed Witness List and Exhibit List for the Evidentiary Hearing on Show-Cause Motions by Wayne Klein. (Lehr, Michael)

614

Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by R. Gregory Shepard. (Paul, Steven)

613

Proposed Witness List and Exhibit List for Hearing on 4-26-2019 by Glenda Johnson, LaGrand Johnson, Randale Johnson. (Paul, Steven

612

Proposed Exhibit List and Witness List by Plaintiff USA.. (Gallagher, Erin)

611

Motions No Longer Referred: 610 MOTION for Order of (1) Public Sale of Property Free and Clean of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures

610

MOTION for Order of (1) Public Sale of Property Free and Clean of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse

610-1

Text of Proposed Order

610-2

Exhibit B - Auction Procedures

609

ORDER: Witness/Exhibit List for 4/26/19 Evidentiary Hearing is to be filed by no later than 4/24/19 at 12:00 pm. Signed by Judge David Nuffer on 4/17/19

608

STATUS REPORT Receiver's Second Quarterly Status Report by Wayne Klein

607

ORDER granting 598 Motion to Appoint Expert Appraiser (T.V. Boyer); granting 599 Motion to Appoint Expert Appraiser (C.A. Peterson)

606

REQUEST to Submit for Decision re 559 MOTION for Order to Show Cause, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO filed by Receiver Wayne Klein

605

Motions No Longer Referred: 604 MOTION Lift Stay to Allow Settlement of Tax Case and Memorandum in Support

604

MOTION Lift Stay to Allow Settlement of Tax Case and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

604-1

Text of Proposed Order

603

REQUEST to Submit for Decision re 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) filed by Receiver Wayne Klein

602

REPLY to Response to Motion re 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) filed by Receiver Wayne Klein.

602-1

Exhibit Solco Operating Agreement

602-2

Exhibit XSun Operating Agreement

602-3

Exhibit Shareholder Agreement

602-4

Exhibit Voting Trust Agreement

602-5

Exhibit Notice of Resignation

602-6

Exhibit Email

601

Mail sent to Neldon Johnson re docket entry 593 Returned as Not Deliverable as Addressed. Street address on his documents, '2800 W 4000 S' is unrecognized by USPS. No answer at phone number. Address will be changed to 2730 W 4000 S and mail will be resent to that address.

600

Motions No Longer Referred: 599 MOTION Appoint Appraiser and Memorandum in Support , 598 MOTION Appoint Appraiser and Memorandum in Support

599

MOTION Appoint Appraiser and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse

599-1

Text of Proposed Order

599-2

Exhibit Resume, References and License

598

MOTION Appoint Appraiser and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse

598-1

Text of Proposed Order

598-2

Exhibit Appraisal Bid

598-3

Exhibit Resume & License

597

MEMORANDUM in Opposition re 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate (also opposing report filed as 581 Notice (Other)) filed by Defendant Neldon Johnson

596

RESPONSE to Motion re 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) filed by Respondents Glenda Johnson, Solco I, XSun Energy.

595

NOTICE of Service by Wayne Klein re 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO, 588 Order on Motion for Order to Show Cause

595-1

Affidavit Service Pacific Stock Transfer

594

NOTICE of Service by USA re 559 MOTION for Order to Show Cause, 588 Order on Motion for Order to Show Cause

594-1

Certificate of Service

594-2

Affidavit of Service on Glenda Johnson

594-3

Affidavit of Service on Randale Johnson

594-4

Affidavit of Service on LaGrand Johnson

593

MEMORANDUM DECISION denying 577 Motion for Protective Order as to Glenda Johnson. Signed by Judge David Nuffer on 3/6/19

592

ORDER granting 563 Motion to Withdraw as Attorney. Attorneys Steven R. Paul; Denver C. Snuffer, Jr; Joshua D. Egan; and Daniel B. Garriott are withdrawn from case for International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Signed by Judge David Nuffer on 3/6/19

591

MEMORANDUM DECISION AND ORDER denying 565 Motion for Protective Order; denying 568 Motion for Protective Order: the Johnsons must comply with the subpoenas by no later than 3/22/19. Signed by Judge David Nuffer on 3/6/19

590

ORDER granting 571 Motion for Approval of Fee Application, 10/31/18 to 12/31/18. Signed by Judge David Nuffer on 3/6/19

589

MEMORANDUM DECISION AND ORDER denying 562 Motion for Protective Order Under Rule 26(c). Signed by Judge David Nuffer on 3/5/19


PER 588 ORDER: Evidentiary Motion Hearing set for 4/26/2019 at 09:30 AM in Rm 7.300 before Judge David Nuffer as to 559 MOTION for Order to Show Cause, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Shouldn't Be Held in Civil Contempt for Violating the CRO

588

ORDER taking under advisement 559 Motion for Order to Show Cause; taking under advisement 576 Motion for Order to Show Cause. Service to be made on those named in the motions and briefing deadlines set. Signed by Judge David Nuffer on 3/5/19

587

MEMORANDUM in Opposition re 577 MOTION for Protective Order and Memorandum in Support Glenda Johnson Spousal Privilege filed by Receiver Wayne Klein.

587-1

Exhibit Email to Nelson Snuffer

587-2

Exhibit RaPower checks signed by Glenda Johnson

586

NOTICE of Non-Parties' Notice of Intent to File an Opposition to Receiver's Motion to Include Affiliates and Subsidiaries in the Receivership Estate by Neldon Johnson, R. Gregory Shepard re 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) and Memorandum in Support

585

REQUEST to Submit for Decision re 562 MOTION for Protective Order and Memorandum in Support , 570 Memorandum in Opposition to Motion for Protective Order filed by Receiver Wayne Klein

584

Motions No Longer Referred: 582 MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) and Memorandum in Support

583

REQUEST to Submit for Decision re 571 MOTION Fee Application and Memorandum in Support First Fee Application for October 31, 2018 to December 31, 2018 filed by Receiver Wayne Klein

582

MOTION to Include Affiliates and Subsidiaries in the Receivership Estate re 581 Notice (Other) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse

582-1

Text of Proposed Order


Transcript Restriction expired for Doc #515 - Show Cause Hearing held on November 15, 2018 – Greg Shepard, Civil Contempt

581

NOTICE of Report and Recommendation by Wayne Klein

580

MEMORANDUM in Opposition re 568 MOTION for Protective Order of Neldon Johnson filed by Receiver Wayne Klein.

580-1

Exhibit Email Thread Steven Paul

580-2

Exhibit Email Thread Process Server

579

MEMORANDUM in Opposition re 565 MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson filed by Receiver Wayne Klein

579-1

Exhibit Acknowledgment of Receipt

579-2

Exhibit Email Thread Steven Paul

579-3

Exhibit Email Thread Process Server

578

Motions No Longer Referred: 577 MOTION for Protective Order and Memorandum in Support, 576 MOTION for Order to Show Cause Why Pacific Stock Transfer Company Should Not Be Held in Civil Contempt of Court for Violating the Corrected Receivership Order

577

MOTION for Protective Order and Memorandum in Support filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

576

MOTION for Order to Show Cause Why Pacific Stock Transfer Company Should Not Be Held in Civil Contempt of Court for Violating the Corrected Receivership Order filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

576-1

Exhibit 2018.11.12 Ltr from Receiver to PST

576-2

Exhibit Subpoena to PST and Affidavit of Service

576-3

Exhibit 2019.01.02 Ltr from PST to Receiver

576-4

Exhibit 2019.01.15 Email from PST

576-5

Exhibit 2019.01.18 Ltr to PST)

575

RESPONSE re 574 Objections, Neldon Johnson's Fifth Amendment Claim filed by Wayne Klein.

574

OBJECTIONS to Deposition (5th Amendment Claim) filed by Neldon Johnson

574-1

Supplement

573

REQUEST to Submit for Decision re 559 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff USA.

572

Motions No Longer Referred: 571 MOTION Fee Application and Memorandum in Support First Fee Application for October 31, 2018 to December 31, 2018

571

MOTION Fee Application and Memorandum in Support First Fee Application for October 31, 2018 to December 31, 2018 filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse

571-1

Exhibit Time Summary

571-2

Exhibit Detailed Invoices

571-3

Exhibit Expenses

571-4

Text of Proposed Order

570

MEMORANDUM in Opposition re 562 MOTION for Protective Order and Memorandum in Support filed by Receiver Wayne Klein

569

Motions No Longer Referred: 565 MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson, 568 MOTION for Protective Order

568

Pro Se MOTION for Protective Order filed by Defendant Neldon Johnson. Motion referred to Evelyn J. Furse

567

Amended AFFIDAVIT of Neldon P. Johnson filed by Neldon Johnson

567-1

Supplement Copy of Opening Brief filed with 10CCA)

566

NOTICE of Intent to Appear Pro Se by Neldon Johnson

565

MOTION for Protective Order and Memorandum in Support for Non-Party Glenda Johnson filed by Defendant LTB1. Motions referred to Evelyn J. Furse.

565-1

Exhibit List of Documents Requested

564

Motions No Longer Referred: 562 MOTION for Protective Order and Memorandum in Support , 563 MOTION to Withdraw as Attorney and Memorandum in Support

563

MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.

563-1

Text of Proposed Order

562

MOTION for Protective Order and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse

561

RESPONSE re 557 Status Report, filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

561-1

Exhibit 1 - Email from Nelson to Klein 12-17-18

561-2

Exhibit 2 - Email from Klein to Nelson 12-18-18

561-3

Exhibit 3 - Letter from Nelson to Klein 12-26-18

561-4

Exhibit 4 - Email from Klein to Nelson 12-27-18

561-5

Exhibit 5 - Email from W Klein to D Nelson 12-18-18

561-6

Exhibit 6 - Release and Dismissal re R Button

561-7

Exhibit 7 - Order Re Dismissal of RaPower3 dated 5-11-16

561-8

Exhibit 8 - Order Re IAS Mot to Quash dated 5-11-16

561-9

Exhibit 9 - Order Re Dismissal of IAS dated 10-17-18)(Snuffer, Denver)

560

Motions No Longer Referred: 559 MOTION for Order to Show Cause and Memorandum in Support

559

MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff USA.

559-1

Exhibit Pl. Ex. 937, Email from Receiver to Neldon and Glenda Johnson

559-2

Exhibit Pl. Ex. 938, Letter from Nelson Snuffer to Receiver

559-3

Text of Proposed Order Motions referred to Evelyn J. Furse.

558

DOCUMENT LODGED consisting of an Affidavit styled as filed by Pro Se Plaintiff by dft party who has legal representation and is not a plaintiff in the case.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

558-1

Copy of Opening Brief filed with 10CCA

557

STATUS REPORT Receiver's Initial Quarterly Status Report by Wayne Klein.

556

NOTICE of Intent to Serve Subpoena to Cyprus Credit Union by Wayne Klein

555

NOTICE of Intent to Serve Subpoena to Neldon Johnson by Wayne Klein

554

NOTICE of Intent to Serve Subpoena to Glenda Johnson by Wayne Klein

553

NOTICE of Intent to Serve Subpoena To Church of Jesus Christ of Latter-Day Saints by Wayne Klein

552

Receiver's FINANCIAL REPORT Recommendation on Status of International Automated Systems, and Liquidation Plan filed by Receiver Wayne Klein. (Lehr, Michael) (Entered: 12/31/2018)

551

MEMORANDUM DECISION AND ORDER granting in part and denying in part 503 Motion for Relief from 480 Fee Order: the 480 Order and 481 Judgement for Atty Fees are amended to apply only to Defendants International Automated Systems, LTB1, RaPower-3, Neldon Johnson. Signed by Judge David Nuffer on 12/28/18

550

ORDER denying 509 Motion without prejudice pending completion of Receivers investigation and report in accordance with the Corrected Receivership Order. Signed by Judge David Nuffer on December 27, 2018.

549

MEMORANDUM DECISION AND ORDER granting in part and denying in part 530 Motion for Limited Relief from Asset Freeze Order. Signed by Judge David Nuffer on 12/26/18

548

ORDER granting 536 Motion to Release Certain Properties from the Receivership Estate. Signed by Judge David Nuffer on 12/26/18

547

ORDER granting 534 Motion for Attorney Fees: Defendant R. Gregory Shepard shall pay to the USA attorneys' fees and costs in the total amount of $3,273.79 by no later than 2/1/19. Signed by Judge David Nuffer on 12/26/18

546

REQUEST to Submit for Decision re 536 MOTION for Order Releasing Properties from Receivership Estate filed by Receiver Wayne Klein.

545

NOTICE of Intent to Serve Subpoena to Roger Hamblin by Wayne Klein

544

MEMORANDUM in Opposition re 530 MOTION and Memorandum in Support for limited relief from asset freeze filed by Plaintiff USA.

544-1

Exhibit Ex. 936, Bank statements for -9233

543

ERRATA to 526 Receivers Financial Report filed by Receiver Wayne Klein .

543-1

Exhibit

542

RESPONSE to Motion re 534 MOTION for Attorney Fees and Memorandum in Support filed by Defendant R. Gregory Shepard.

541

NOTICE OF WITHDRAWAL OF COUNSEL of Christopher Robert Moran filed by Christopher R. Moran on behalf of USA

540

Defendant's REPLY to Response to Motion re 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

539

ORDER of USCA 10th Circuit as to 472 Notice of Appeal: abatement is lifted

538

Motions No Longer Referred: 536 MOTION for Order Releasing Properties from Receivership Estate

537

NOTICE of Intent to Serve Subpoena to Pacific Stock Transfer Company by Wayne Klein

536

MOTION for Order Releasing Properties from Receivership Estate filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse.

536-1

Exhibit

536-2

Text of Proposed Order

535

Motions No Longer Referred: 534 MOTION for Attorney Fees and Memorandum in Support

534

MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff USA. Motions referred to Evelyn J. Furse.

534-1

Declaration of Erin Healy Gallagher

534-2

Exhibit Pl. Ex. 935, United States' attorney's fees and costs

534-3

Text of Proposed Order

533

DOCKET TEXT ORDER taking under advisement 530 Defendant Neldon Johnson's Motion for Limited Relief from Asset Freeze Order (the "Motion"). Any response to the Motion shall be filed by no later than Tuesday, December 18, 2018, and any reply to the same shall be filed by no later than 12:00 p.m. on Friday, December 21, 2018. Signed by Judge David Nuffer on December 5, 2018. No attached document.

532

Motions No Longer Referred: 530 MOTION and Memorandum in Support for limited relief from asset freeze

531

AFFIDAVIT/DECLARATION of Neldon P. Johnson in Support re 530 MOTION and Memorandum in Support for limited relief from asset freeze filed by Defendant Neldon Johnson.

530

MOTION and Memorandum in Support for limited relief from asset freeze filed by Defendant Neldon Johnson.

530-1

Exhibit Email from W. Klein

530-2

(Text of Proposed Order) Motions referred to Evelyn J. Furse

529

ORDER denying 451 Rule 59(e) and Rule 52(b) Motion. Signed by Judge David Nuffer on 12/4/18.

528

DECLARATION of Neldon P. Johnson re 491 Order filed by Neldon Johnson.

527

DECLARATION of R. Gregory Shepard re 491 Order filed by R. Gregory Shepard.

526

Receiver's FINANCIAL REPORT Recommendation of Living Allowances filed by Receiver Wayne Klein.

525

MEMORANDUM in Opposition re 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Receiver Wayne Klein.

524

NOTICE of Appearance by Michael S. Lehr on behalf of Wayne Klein

523

MEMORANDUM in Opposition re 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Plaintiff USA.

522

ORDER Vacating Hearing previously set for 9:00 a.m. on 12/20/18 and Limiting Briefs in re Civil Contempt. Signed by Judge David Nuffer on 11/29/18

521

DECLARATION of R. Gregory Shepard (Second Declaration of Compliance) filed by R. Gregory Shepard.

520

DECLARATION of Neldon Johnson re 467 Findings of Fact & Conclusions of Law, Permanent Injunction (Second Declaration of Compliance) filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3.

519

DOCUMENTS LODGED consisting of an e-mail from attorney Erin Healy Gallagher.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

518

DOCUMENTS LODGED consisting of an e-mail from attorney Steven R. Paul.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

517

Defendant's REPLY to Response to Motion re 503 MOTION for Rule 52(b), 59(e) and 60(b) Relief re 480 Order on Motion for Attorney Fees filed by Respondent Heideman & Associates.

516

Document missing from docket ?

515

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Show Cause Hearing held on November 15, 2018, before Judge David Nuffer, re 472 Notice of Appeal, 445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-521-7238.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/18/2018. Redacted Transcript Deadline set for 12/28/2018. Release of Transcript Restriction set for 2/25/2019

514

DOCUMENT LODGED consisting of correspondence from JPMorgan Chase.

Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

513

MEMORANDUM in Opposition re 503 MOTION for Rule 52(b), 59(e) and 60(b) Relief re 480 Order on Motion for Attorney Fees filed by Plaintiff USA.

512

ERRATA to 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard .

511

Motions No Longer Referred: 509 MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support

510

DECLARATION of Neldon Johnson re 492 Declaration AMENDED filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3.

509

MOTION to lift asset freeze order as to Solco I, LLC and XSun Energy, LLC and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.

508

Minute Entry for proceedings held before Judge David Nuffer:

Show Cause Hearing held on 11/15/2018, Attorney for Plaintiff: Erin Healy Gallagher, Attorney for Defendant: Steven Paul. Receiver: Wayne Klein. Court Reporter: Kelly Hicken.(Time Start: 8:59, Time End: 12:00, Room 7.300.)

Counsel present for parties. Court reviewed for the record the contempt order and associated deadlines entered by the court on 11/9/2018. Discussion heard on the accounting, filed by Mr. Paul on 11/13/2018. Government called Matthew Shepard. Witness sworn and testified. Government called Diana Shepard. Witness sworn or testified. Government called R. Gregory Shepard. Witness sworn and testified.

Court ordered that Mr. Shepard produce documentation of disbursement of $6k by 11/21/2018. Plaintiff and receiver to brief the joint and several issue and what funds from whom, and attorney fees claim due noon, 12/7/2018. Response noon, 12/13/2018. Further hearing 12/20/2018 at 9:00 a.m. to complete this hearing.

Court adjourned.

507

AMENDED AND RESTATED JUDGMENT in favor of USA and against International Automated Systems, RaPower-3, Neldon Johnson, R. Gregory Shepard, jointly and severally, in the amount of $50,025,480.00 as equitable monetary relief, up to and including the amount of gross receipts each received from the solar energy scheme as follows, together with post-judgment interest at the legal rate: Neldon Johnson, $50,025,480; International Automated Systems, $5,438,089; RaPower-3, $25,874,066; and R. Gregory Shepard, $702,001. The Order and Injunction and Compliance Verifications set forth in the Findings of Fact and Conclusions of Law shall remain in effect and survive the closure of this action. Signed by Judge David Nuffer on 11/13/18

506

Redacted RESPONSE re 505 Contempt Order, filed by R. Gregory Shepard.

506-1

Exhibit Accounting of Funds-redacted

506-2

Exhibit Accounting of Income-redacted

505

ORDER OF CONTEMPT as to R. Gregory Shepard following findings of 11/8/18 Show Cause Hearing. Signed by Judge David Nuffer on 11/9/18

504

Motions No Longer Referred: 503 MOTION Rule 52(b), 59(e) and 60(b) Relief from October 23, 2018 Order re 480 Order on Motion for Attorney Fees and Memorandum in Support

503

MOTION Rule 52(b), 59(e) and 60(b) Relief from October 23, 2018 Order re 480 Order on Motion for Attorney Fees and Memorandum in Support filed by Respondent Heideman & Associates. Motions referred to Evelyn J. Furse.

502

Minute Order. Proceedings held before Judge David Nuffer:

Counsel present for parties. Discussion heard on the government's motion finding Mr. Shepard in civil contempt, and procedures/remedies on the motion. Government requested a return of all money withdrawn within 7 days. Mr. Paul responded that all money has been spent. Mr. Klein requested a full accounting of the monies spent, including bank and AXA records. Court made findings on the record that the government has satisfied the burden of proof of civil comtempt against Mr. Shepard. Court found Mr. Shepard guilty of civil contempt. Court ordered Mr. Shepard to pay $27,126.05 to the receiver on or before 4:00 p.m. 11/30/2018. Mr. Shepard to provide a full accounting along with all exhibits by noon, 11/13/2018. Mr. Shepard to also provide information of all persons benefiting from the funds (names, addresses, phone numbers, SSN, email), along with a list of those living with Mr. Shepard. Court ordered that the U.S. is entitled to reasonable attorney fees and costs. Motion for attorney fees to be filed by 12/7/2018.

granting 483 Motion for Order to Show Cause

Follow-Up Show Cause Hearing set for Thursday, 11/15/2018 at 09:00 AM in Rm 7.300 before Judge David Nuffer. Government may appear by video conferencing. Government counsel to email the request to dj.nuffer@utd.uscourts.gov to make arrangements. Mr. and Mrs. Shepard must be present for the hearing on 11/15/2018.

Motion Hearing held on 11/8/2018 re 483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by USA.

Court adjourned.

501

Costs Taxed in amount of $ 49140.53 for Plaintiff against Defendants; signed by AWM, Chief Deputy Clerk on 11/7/2018

500

ORDER granting 496 Motion to Appoint Accounting Firm Lone Peak Valuation Group; granting 497 Motion to Appoint Counsel Parr Brown Gee & Loveless P.C. Signed by Judge David Nuffer on 11/6/18

499

ORDER denying 495 Motion for Recusal. Signed by Judge David Nuffer on 11/05/2018

498

Motions No Longer Referred: 495 MOTION to Recuse, 496 MOTION to Appoint Counsel Accounting Firm Lone Peak Valuation Group, 497 MOTION to Appoint Counsel Parr Brown Gee & Loveless

497

MOTION to Appoint Counsel Parr Brown Gee & Loveless filed by Receiver Wayne Klein.

497-1

Text of Proposed Order

496

MOTION to Appoint Counsel Accounting Firm Lone Peak Valuation Group filed by Receiver Wayne Klein.

496-1

Text of Proposed Order

495

Neldon Johnson's Pro Se MOTION to Recuse Honorable Judge David Nuffer filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse.

494

RESPONSE to Motion re 483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by Defendant R. Gregory Shepard.

494-1

Affidavit Declaration of Greg Shepard

493

DECLARATION of R. Gregory Shepard re Compliance Verifications filed by R. Gregory Shepard. (Paul, Steven) (Entered: 11/01/2018)

492

DECLARATION of Neldon Johnson re Compliance Verifications filed by Neldon Johnson. (Paul, Steven) (Entered: 11/01/2018)

491

CORRECTED RECEIVERSHIP ORDER (corrects formatting problems in the 490 Receivership Order). Signed by Judge David Nuffer on 11/1/18

490

RECEIVERSHIP ORDER overruling objections and appointing Wayne Klein as receiver for the estate of the Receivership Defendants and any subsidiaries or affiliated entities, with standing to prosecute claims under the Uniform Voidable Transactions Act. The Asset Freeze is continued. Signed by Judge David Nuffer on 10/31/18

489

Please be advised the Record is complete for purposes of appeal for USCA case number 18-4150 re 472 Notice of Appeal

488

RESPONSE to Motion re 474 Defendant's MOTION to Amend/Correct 468 Judgment, and Memorandum in Support filed by Plaintiff USA.

487

DOCKET TEXT ORDER taking under advisement 483 United States' Motion for Order to Show Cause Why R. Gregory Shepard Should Not Be Held in Civil Contempt of Court (the "Motion"). IT IS HEREBY ORDERED that any response to the 483 Motion shall be filed by no later than Friday, November 2, 2018. Signed by Judge David Nuffer on 10/25/18. No attached document.

486

Motions No Longer Referred: 483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt

485

NOTICE OF HEARING ON MOTION re: 483 MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt: Motion Hearing set for Thursday, 11/8/2018 at 01:00 PM in Rm 7.300 before Judge David Nuffer.

484

TRANSCRIPT REQUEST FORM filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard re 472 Notice of Appeal

483

MOTION for Order to Show Cause and Memorandum in Support why defendant R. Gregory Shepard should not be held in civil contempt filed by Plaintiff USA.

483-1

Exhibit Pl. Ex. 927- Affidavit of Certified Records, regarding attached Confirmation Notice of Shepard's Surrender of Annuity Contract

483-2

Text of Proposed Order: Motions referred to Evelyn J. Furse.

482

ORDER granting 459 Motion to Permit Settlement of State Cases. Signed by Judge David Nuffer on 10/24/18

481

CLERK'S JUDGMENT FOR ATTORNEYS' FEES AND COSTS in favor of USA and against Heideman & Associates, International Automated Systems, LTB1, RaPower-3, Neldon Johnson, jointly and severally, in the total amount of $8,899.98. Signed by ALT, Deputy Clerk

480

ORDER granting 290 Motion for Attorney Fees in the total amount of $8,899.98. Signed by Judge David Nuffer on 10/23/18

479

ORDER denying 448 Motion to Stay enforcement of 444 Memorandum Decision. Signed by Judge David Nuffer on 10/23/18

478

DOCKET TEXT ORDER re 452 Objection re: 467 Findings of Fact and Conclusions of Law ("Objection"), filed by Defendants. Defendants' 452 Objection is MOOT and therefore OVERRULED. Signed by Judge David Nuffer on 10/23/18.

477

BILL OF COSTS filed by USA.

477-1

Memorandum of Costs

477-2

Verification of Costs: Declaration of Erin Healy Gallagher

477-3

Pl. Ex. 925 (Spreadsheet, Invoices, etc.)

476

Motions No Longer Referred: 474 Defendant's MOTION to Amend/Correct 468 Judgment, and Memorandum in Support

475

USCA Case Number Case Appealed to Tenth Case Number 18-4150 for 472 Notice of Appeal filed by Roger Freeborn, RaPower-3, R. Gregory Shepard, International Automated Systems, Neldon Johnson, LTB1.

474

Defendant's MOTION to Amend/Correct 468 Judgment, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.

473

Transmission of Preliminary Record to USCA re 472 Notice of Appeal

473-1

Appendix

472

NOTICE OF APPEAL filed by Roger Freeborn, International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3120754.

471

AFFIDAVIT/DECLARATION of John Kraczek in Support re 451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

471-1

Exhibit John Kraczek Resume

471-2

Exhibit Engineers Report

470

REPLY to Response to Motion re 451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

470-1

Exhibit Engineers' Report

469

NOTICE of Withdrawal of Motion [Doc. 462] by R. Gregory Shepard re 462 MOTION lift asset freeze order as to certain assets and Memorandum in Support

468

JUDGMENT entered in favor of USA against International Automated Systems, RaPower-3, Neldon Johnson, R. Gregory Shepard, jointly and severally, in the amount of $50,025,480, with post-judgment interest at the legal rate - CASE CLOSED. The Order and Injunction and Compliance Verifications set forth in the Findings of Fact and Conclusions of Law shall remain in effect and survive the closure of this action. Signed by Judge David Nuffer on 10/4/18

467

FINDINGS OF FACT AND CONCLUSIONS OF LAW and PERMANENT INJUNCTION. Signed by Judge David Nuffer on 10/4/18

466

MEMORANDUM in Opposition re 462 MOTION lift asset freeze order as to certain assets and Memorandum in Support filed by Plaintiff USA.

466-1

Exhibit Pl. Ex. 924, April 12, 2017 "Full Reconveyance"

465

OBJECTIONS to 458 Reply Memorandum/Reply to Response to Motion, to "new evidence" submitted in Reply filed by USA.

464

Motions No Longer Referred: 462 MOTION lift asset freeze order as to certain assets and Memorandum in Support

463

DOCUMENTS LODGED consisting of Email from Plaintiff's counsel dated August 31, 2018, enclosing draft findings and conclusions. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

463-1

Text of Proposed Order Plaintiff's clean draft Findings and Conclusions, August 31, 2018

463-2

Text of Proposed Order Plaintiff's redline draft Findings and Conclusions, August 31, 2018

462

MOTION lift asset freeze order as to certain assets and Memorandum in Support filed by Defendant R. Gregory Shepard.

462-1

Affidavit Declaration of Greg Shepard

461

OBJECTIONS to 444 Order on Motion to Appoint Receiver,, Memorandum Decision, Plaintiff's Proposed Receivership Order filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

460

Plaintiff's MEMORANDUM in Opposition re 451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling filed by Plaintiff USA.

460-1

Affidavit Declaration of Dr. Thomas Mancini

460-2

Exhibit Pl. Ex. 932, website capture of www.rapower3.com

459

MOTION for Settlement and Memorandum in Support Motion to Permit Settlement of State Cases filed by Defendants International Automated Systems, Neldon Johnson, RaPower-3.

459-1

Exhibit Proposed Settlement Agreement

459-2

Exhibit Proposed Order

459-3

Exhibit Email from Plaintiff's Counsel

458

REPLY to Response to Motion re 448 Defendant's MOTION to Stay re 444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

458-1

Exhibit Expert Resumes

457

REQUEST to Submit for Decision re 290 MOTION for Attorney Fees re Motions to Compel filed by Plaintiff USA.

456

NOTICE OF FILING of United States' Proposed Receivers and Proposed Receivership Order re 444 Order on Motion to Appoint Receiver,, Memorandum Decision, filed by Plaintiff USA.

456-1

Exhibit Pl. Ex. 920, Wayne Klein Resume

456-2

Exhibit Pl. Ex. 921, Gil Miller Resume

456-3

Exhibit Pl. Ex. 922, Peggy Hunt Resume

456-4

Text of Proposed Order

455

MEMORANDUM in Opposition re 448 Defendant's MOTION to Stay re 444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Plaintiff USA.

455-1

July 2013 email string re Ra3 IRS Audits

454

DOCUMENT LODGED consisting of correspondence from JPMorgan Chase. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

453

Please be advised the Record is complete for purposes of appeal for USCA case number 18-04119 re 445 Notice of Appeal - Interlocutory


Modification of Docket re 451 MOTION to Amend/Correct 428 Docket Text Order based on 6/22/18 Oral Ruling. Error: Wrong motion relief, "Reopen Case" was selected, however case has never been closed. Correction: Motion relief corrected to "Amend/Correct" and linked to order in question.

452

Defendant's OBJECTIONS to 432 Order on Motion for Extension of Time, RE: Response to Plaintiff's Draft Order and Opinion filed by International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard

451

MOTION to Reopen Case and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard.

451-1

Exhibit Confirmation of Electrical Power Production

451-2

Exhibit Sterling Engine Power Production Data

451-3

Exhibit Resume of John Kraczek

450

DOCUMENT LODGED consisting of correspondence from Key Bank to atty Erin Hines.
Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

449

Motions No Longer Referred: 448 Defendant's MOTION to Stay re 444 Order on Motion to Appoint Receiver, Memorandum Decision, and Memorandum in Support

448

Defendant's MOTION to Stay re 444 Order on Motion to Appoint Receiver,, Memorandum Decision, and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Evelyn J. Furse.

447

USCA Case Number Case Appealed to Tenth Case Number 18-4119 for 445 Notice of Appeal - Interlocutory, filed by RaPower-3, R. Gregory Shepard, International Automated Systems, Neldon Johnson, LTB1.

446

Transmission of Preliminary Record to USCA re 445 Notice of Appeal - Interlocutory

446-1

CIVIL DOCKET FOR CASE #2:15-cv-00828-DN-EJF

445

NOTICE OF APPEAL of Doc 444 granting 414 Motion to Appoint Receiver

444

MEMORANDUM DECISION AND ORDER granting 414 Motion to Appoint Receiver. The assets of Defendants RaPower-3, Neldon Johnson, International Automated Systems, and R. Gregory Shepard are frozen until further order of this Court. The USA shall provide within 30 days, the names of three possible receivers to the court. Signed by Judge David Nuffer on 8/22/18

443

ORDER finding as moot 438 Motion for Hearing. Signed by Judge David Nuffer on 8/22/18

442

DOCUMENTS LODGED consisting of 8/17/2018 3:32 p.m. email from Dan Garriott with redlined proposed stipulated order to freeze assets and appoint receiver. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court.

442-1

Text of Proposed Stipulated Order

441

DOCKET TEXT ORDER granting 429 Motion to Vacate Stay for the reasons stated in 429 and 437. Signed by Judge David Nuffer on 8/21/2018. No attached document.

440

Motions No Longer Referred: 438 MOTION for Hearing re 429 MOTION to Vacate Stay, 414 Second MOTION to Appoint Receiver and Memorandum in Support.