2:15-cv-00828-DN-EJF

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



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

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.

439

RESPONSE to Motion re 438 MOTION for Hearing re 429 MOTION to Vacate Stay, 414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets re status conference and Memorandum in Support status conference requested, or filed by Defendants International Automated Systems, Neldon Johnson, LTB1, R. Gregory Shepard. (Garriott, Daniel) Motions referred to Evelyn J. Furse.(Gallagher, Erin)

438

MOTION for Hearing re 429 MOTION to Vacate Stay, 414 Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets re status conference and Memorandum in Support status conference requested, or in the alternative, request to submit for decision filed by Plaintiff USA. Motions referred to Evelyn J. Furse.(Gallagher, Erin)

437

UNITED STATES’ REPLY ON ITS MOTION TO VACATE, IN PART, THE JULY 5, 2018, ORDER

436

NOTICE OF LIMITED APPEARANCE

435

DEFENDANTS INTERNATIONAL AUTOMATED SYSTEMS, INC, LTB1, LLC, GREGORY SHEPHERD AND NELDON JOHNSON’S OBJECTIONS TO UNITED STATES’ MOTION TO VACATE, IN PART, THE JULY 5, 2018, ORDER

434

RAPOWER-3, LLC’S LIMITED OBJECTION AND RESERVATION OF RIGHTS

433

NOTICE OF LIMITED APPEARANCE

432

DOCKET TEXT ORDER granting 431 Motion for Extension of Time

431

MOTION for Extension of Time submission of draft opinion and order and Memorandum in Support filed by Plaintiff USA

431-1

Text of Proposed Order

430

ORDER Taking Under Advisement [429] Plaintiff's Motion to Vacate Stay

429

UNITED STATES’ MOTION TO VACATE, IN PART, THE JULY 5, 2018, ORDER

429-1

Excerpts from June 22, 2018 trial transcript

429-2

Exhibit 917, RaPower-3, LLC's List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders

429-3

Text of Proposed Order

428

DOCKET TEXT ORDER denying 394 Motion to Dismiss


Case Stayed per [424] Notice of Filing of Bankruptcy

(Entered - July 5, 2018 – No court filing)

427

DOCKET TEXT ORDER granting in part and denying in part 425 Motion for Extension of Time

426

NOTICE FROM THE COURT - Defendant RaPower-3 LLC, filed for bankruptcy

425

DEFENDANTS' MOTION TO ENLARGE TIME TO COMPLY WITH DOC. 419

424

NOTICE OF FILING OF BANKRUPTCY (RaPower-3)

423

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

422

Missing document – Filed under seal?

421

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial held on June 22, 2018, before Judge David Nuffer.

420

DEFENDANTS' REPORT AND CERTIFICATION (Tax information removed from websites)

419

PRESERVATION ORDER

418

Motions No Longer Referred: 414 Second MOTION to Appoint Receiver and Freeze Defendants' Assets.

417

DOCKET TEXT ORDER taking under advisement 414 Motion to Appoint Receiver. Expedited response is necessary.

416

Bench Trial Witness and Exhibit Lists

415

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 6/22/2018

414

Second MOTION to Appoint Receiver and Memorandum in Support and Freeze Defendants' Assets filed by Plaintiff USA.

414-1

Exhibit Warranty Deed – Gregory Shepard

414-2

Exhibit Deed of Trust – Gregory Shepard

414-3

Exhibit Warranty Deed – Gregory Shepard

414-4

ORDER FREEZING THE ASSETS OF NELDON JOHNSON, R. GREGORY SHEPARD, RAPOWER-3, LLC, AND INTERNATIONAL AUTOMATED SYSTEMS, INC. AND APPOINTING A RECEIVER (Proposed)

413

INTERIM ORDER for Partial Injunctive Relief After Trial.

412

NOTICE OF FILING of Plaintiff USA's Closing Argument

411

NOTICE OF FILING of Defendants' Closing Argument

411-1

Exhibit Technical Explanation of the Revenue Provisions of the Reconciliation Act of 2010, as Amended, in Combination with the Patient Protection and Affordable Care Act

410

UPDATED TRIAL SCHEDULE

409

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 6/21/2018

408

DEFENDANTS' ANTICIPATED TRIAL SCHEDULE

407

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ [403] MOTION TO CONTINUE TRIAL

406

Doctor's medical statement regarding Greg Shepard

405

DEFENDANTS' RESPONSE TO THE UNITED STATES’ OPPOSITION TO MOTION TO CONTINUE TRIAL ON THE BASIS OF LITIGANT’S HEALTH

404

UNITED STATES’ OPPOSITION TO DEFENDANTS’ MOTION TO CONTINUE

404-1

Plaintiff's Exhibit 912 – Order of appearance for Defendants' witnesses

403

DEFENDANTS' REQUEST FOR A CONTINUANCE OF TRIAL ON THE BASIS OF LITIGANT’S HEALTH

402

DOCKET TEXT ORDER deferring ruling on 401 Motion for Judgment as a Matter of Law

401

DEFENDANTS' RULE 52(c) MOTION FOR JUDGMENT AS A MATTER OF LAW NO FRAUDULENT TAX SCHEME

400

ORDER GRANTING UNITED STATES’ UNOPPOSED MOTION FOR COSTS OF DISCOVERY [397]

399

AMENDED DOCKET TEXT ORDER - Deferring ruling on [394] Defendants' Motion to Dismiss. This Docket Text Order corrects and amends [398] Docket Text Order

398

DOCKET TEXT ORDER - Denying [394] Defendants' Motion to Dismiss.

397

UNITED STATES’ MOTION FOR ENTRY OF ORDER FOR COSTS OF ENFORCING DISCOVERY ORDERS

397-1

UNITED STATES' Email documenting costs

397-2

ORDER GRANTING UNITED STATES’ MOTION FOR ENTRY OF ORDER FOR COSTS OF ENFORCING DISCOVERY ORDERS (proposed)

396

Minute Entry for proceedings held before Judge David Nuffer: Bench Trial held on 4/26/2018

395

UNITED STATES’ OPPOSITION TO DEFENDANTS’ MOTION PURSUANT TO FED. R. CIV. P. 52(c)

395-1

UNITED STATES’ OPPOSITION TO DEFENDANT'S MOTION TO DISMISS

394

DEFENDANTS' MOTION PURSUANT TO FED. R. CIV. P. 52(c)

394-1

DEFENDANTS' MOTION TO DISMISS

393

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

392

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

391

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

390

DOJ email identifying/correcting admitted exhibits

389

DOJ email identifying/correcting admitted exhibits

388

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

387

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

387-1

PLACED IN SERVICE LETTERS

387-2

PLACED IN SERVICE LETTERS

387-3

PLACED IN SERVICE LETTERS

387-4

Dr. Mancini Testimony (Excerpts)

386

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

385

Updated Bench Trial Schedule

384

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

384-1

Testimony of Robert Rowbotham (excerpts)

383

Updated Bench Trial Schedule

382

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

381

UNITED STATES’ OPPOSITION TO DEFENDANTS’ PROFFER OF GARY PETERSON

381-1

Exhibit 449, IAS Supplemental Responses to US First Interrogatories

381-2

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

381-3

Exhibit 451, Neldon Johnson Supplemental Responses to US First Interrogatories

381-4

Exhibit 452, LTB1 Supplemental Responses to US First Interrogatories

381-5

Exhibit 789, Defendants' Supplemented Production of Documents

381-6

Exhibit 833, Defendants' Joint Initial Disclosures

380

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

379

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

379-1

IAS 10-K 2009

379-2

IAS 10-K 2016

379-3

IAS 10-K 2014

379-4

IAS 10-K 2017

379-5

IAS 10-K 2010

378

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

377

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

376

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

375

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

374

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

373

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

372

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

371

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

370

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

370-1

Exhibit 734, Combined Gross Receipts

370-2

Exhibit 735, RaPower-3's Gross Receipts

370-3

Exhibit 736, R. Gregory Shepard's Gross Receipts

370-4

Exhibit 737, Neldon Johnson's Gross Receipts

370-5

Exhibit 738, IAS's Gross Receipts

370-6

Exhibit 739, SOLCO I, LLC's Gross Receipts

370-7

Exhibit 740, XSun Energy, LLC's Gross Receipts

370-8

Exhibit 741, Cobblestone Centre, LLC's Gross Receipts

370-9

Exhibit Summary of October 2017 Spreadsheet of Lens Transactions

370-10

Exhibit Summary of February 2018 Spreadsheet of Lens Transactions

370-11

Exhibit Defendants' Supplemented Production of Documents

369

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

368

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

368-1

Tax Benefits Claimed

367

PRETRIAL ORDER

366

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

366-1

Exhibit 791, Lamar Roulhac CV

366-2

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

366-3

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

366-4

Exhibit United States' Witness List

365

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

365-1

Deposition of AMANDA REINKEN

364

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

364-1

Deposition of JOANNA PEREZ

363

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

362

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

361

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

360

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

359

DOCKET TEXT ORDER - Disgorgement rulings

358

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

357

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

357-1

SUBPOENA TO TESTIFY AT A DEPOSITION (PacifiCorp)

357-2

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

357-3

UNITED STATES’ NOTICE OF WITNESS DEPOSITION

357-4

DECLARATION OF PACIFICORP

356

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

355

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

354

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

353

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

352

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

351

Disgorgement Issues BRIEF filed by Plaintiff USA.

351-1

Exhibit List

351-2

Exhibit #25

351-3

Exhibit #38

351-4

Exhibit #40

351-5

Exhibit #128

351-6

Exhibit #208

351-7

Exhibit #325

351-8

Exhibit #355

351-9

Exhibit #356

351-10

Exhibit #463

351-11

Exhibit #490

351-12

Exhibit #495

351-13

Exhibit #496

351-14

Exhibit #497

351-15

Exhibit #507

351-16

Exhibit #531

351-17

Exhibit #540

351-18

Exhibit #646

351-19

Exhibit #647

351-20

Exhibit #648

351-21

Exhibit #649

351-22

Exhibit #650

351-23

Exhibit #743

351-24

Exhibit #744

351-25

Exhibit #745

351-26

Exhibit #748

351-27

Exhibit #752

350

DOCKET TEXT ORDER DENYING 343 Motion to Modify Trial Subpoena

349

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

348

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

347

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

346

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

345

UNITED STATES’ MOTION TO UNSEAL EXHIBITS

345-1

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

344

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

343

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

343-1

DECLARATION OF TODD ANDERSON

342

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

341

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

340

DOCKET TEXT ORDER denying 339 Motion for Leave to Appeal.

339

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

338

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

337

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

337-1

UNITED STATES’ INITIAL DISCLOSURES TO ALL DEFENDANTS

336

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

335

FINDINGS OF FACT AND CONCLUSIONS OF LAW (Defendants)

334

UNITED STATES’ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

333

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

332

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

332-1

Deposition of Richard Jameson (excerpts)

332-2

ORAL DEPOSITION OF JOHN HOWELL

332-3

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

331

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

330

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

329

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

329-1

Summary of Lens Transactions From October 2017 Production (redacted)

329-2

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

329-3

United States' Production of Documents March 30, 2017

329-4

UNITED STATES’ INITIAL DISCLOSURES TO ALL DEFENDANTS

329-5

United States' Production of Documents May 15, 2017

329-6

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

329-7

United States' Production of Documents September 15, 2017

329-8

UNITED STATES’ NOTICE OF WITNESS DEPOSITION (PacificCorp)

329-9

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

328

UNITED STATES’ OBJECTIONS TO DEFENDANTS’ EXHIBIT LIST FOR TRIAL

328-1

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

328-2

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

328-3

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

328-4

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

328-5

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

328-6

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

328-7

Thomas R. Mancini Expert Report

328-8

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

327

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

326

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

325

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

324

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

323

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

322

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

321

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

320

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

320-1

Exhibit #752 - Tax Benefits Claimed

320-2

Exhibit #734 - Combined Gross Receipts 2008-2016

320-3

Exhibit #750 – Gross Receipts and Harm to Treasury

319

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

318

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

317

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

316

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

315

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

314

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

313

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

313-1

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

313-2

Exhibit 2: Deposition of CODY MICHAEL BUCK

313-3

Exhibit 3: Deposition of KENNETH WAYNE OVESON

313-4

Exhibit 4: Deposition of DAVID MANTYLA

312

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

311

WRITTEN ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

310

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

309

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

309-1

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

309-2

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

308

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

308-1

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

307

UNITED STATES’ DEPOSITION DESIGNATIONS FOR BRIAN ZELEZNIK

307-1

US Deposition Designations for BRIAN ZELEZNIK

306

UNITED STATES’ DEPOSITION DESIGNATIONS FOR R. GREGORY SHEPARD

306-1

US Deposition Designations for R. GREGORY SHEPARD

305

UNITED STATES’ DEPOSITION DESIGNATIONS FOR MIKE PENN

305-1

US Deposition Designations for MIKE PENN

304

UNITED STATES’ DEPOSITION DESIGNATIONS FOR PACIFICORP

304-1

US Deposition Designations for PACIFICORP

303

UNITED STATES’ DEPOSITION DESIGNATIONS FOR FRANK FREDERICK LUNN, IV

303-1

US Deposition Designations for FRANK FREDERICK LUNN, IV

302

UNITED STATES’ DEPOSITION DESIGNATIONS FOR NELDON JOHNSON

302-1

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

302-2

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

302-3

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

302-4

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

302-5

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

301

UNITED STATES’ DEPOSITION DESIGNATIONS FOR JOHN HOWELL

301-1

US Deposition Designations for JOHN HOWELL

300

UNITED STATES’ DEPOSITION DESIGNATIONS FOR RICHARD HALVERSON

300-1

US Deposition Designations for RICHARD HALVERSON

299

UNITED STATES’ DEPOSITION DESIGNATIONS FOR PETER GREGG

299-1

US Deposition Designations for PETER GREGG

298

UNITED STATES’ DEPOSITION DESIGNATIONS FOR ROGER FREEBORN

298-1

US Deposition Designations for ROGER FREEBORN

297

UNITED STATES’ DEPOSITION DESIGNATIONS FOR ROBERT AULDS

297-1

US Deposition Designations for ROBERT AULDS

296

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

295

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

294

DEFENDANTS' PRETRIAL DISCLOSURES

293

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

292

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

292-1

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

291

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

290

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

290-1

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

290-2

List of United States' attorney expenses

290-3

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

[247]

** Restriction Expired **

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

289

DEFENDANTS’ MOTION TO REINSTATE TRIAL BY JURY

288

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

287

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

286

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

286-1

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

285

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

285-1

ORDER DENYING DEFENDANTS’ MOTION DISMISS (proposed)

284

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

283

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

282

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

281

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

280

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

279

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

279-1

UNITED STATES’ NOTICE OF WITNESS DEPOSITIONS

279-2

UNITED STATES’ NOTICE OF WITNESS DEPOSITION

278

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

277

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

277-1

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

277-2

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

277-3

Exhibit #355

277-4

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

277-5

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

277-6

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

277-7

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

277-8

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

277-9

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

277-10

Exhibit #580

277-11

Exhibit #703 – Deposition of Jessica Anderson

277-12

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

276

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

275

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

274

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

273

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

272

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

272-1

EXPERT WITNESS STATEMENT OF WORK - (Mancini)

271

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

270

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

269

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

269-1

Exhibit “A” - Neldon Johnson Patents

268

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

268-1

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

267

DEFENDANTS’ NOTICE OF DEATH OF ROGER FREEBORN

266

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

265

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

265-1

Exhibit #1 - List of N. Johnson Patents

265-2

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

265-3

Exhibit #3 - Excerpts from Dep. of RaPower3

265-4

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

265-5

Exhibit #5 - Anderson Letter

265-6

Exhibit #6 - Excerpts from Dep. Jessica Anderson

265-7

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

265-8

Exhibit #8 - Excerpts from Dep. IAS Inc.

265-9

Exhibit #9 - Plaintiff's Exhibit 466

265-10

Exhibit #10 - Plaintiff's Exhibit 363

264

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

263

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

263-1

Exhibit #15

263-2

Exhibit #699

263-3

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

263-4

Exhibit 1005 [Defendants' ]

263-5

Exhibit 1006 [Defendants' ]

262

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

261

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

260

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

260-1

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

259

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

259-1

Notice of Electronic Filing [249]

259-2

Notice of Electronic Filing [250]

259-3

Notice of Electronic Filing [251]

259-4

Notice of Electronic Filing [252]

258

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

257

DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

257-1

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

256

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

256-1

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

256-2

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

256-3

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

256-4

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

256-5

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

256-6

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

256-7

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

256-8

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

256-9

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

256-10

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

256-11

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

256-12

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

256-13

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

256-14

Exhibit #579 Deposition of Neldon Johnson

256-15

Exhibit #581 Deposition of International Automated Systems, Inc.

256-16

Exhibit #666 Deposition of Richard Jameson (excerpts)

256-17

Exhibit #673 Deposition of LTB1, LLC

256-18

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

256-19

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

256-20

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

256-21

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

256-22

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

256-23

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

256-24

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

256-25

Exhibit #682 Deposition of RaPower-3, LLC

256-26

Exhibit #683 Deposition of John Howell (excerpts)

256-27

Exhibit #685 Deposition of R. Gregory Shepard

256-28

Exhibit #686 Deposition of Matthew Shepard (excerpts)

256-29

Exhibit #687 Deposition of Robert Aulds (excerpts)

256-30

Exhibit #688 Deposition of Roger A. Freeborn

256-31

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

256-32

Exhibit #690 Deposition of Roger Halverson (excerpts)

256-33

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

256-34

Exhibit #694 Deposition of Preston Olsen (excerpts)

256-35

Exhibit #695 Deposition of Robert Rowbotham (excerpts)

256-36

Exhibit #696 Deposition of Lynette Williams (excerpts)

256-37

Exhibit #697 Deposition of Brian Zeleznik (excerpts)

255

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

255-1

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

255-2

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

255-3

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

255-4

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

255-5

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

255-6

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

255-7

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

255-8

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

255-9

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

255-10

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

255-11

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

255-12

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

255-13

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

255-14

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

255-15

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

255-16

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

255-17

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

255-18

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

255-19

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

255-20

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

255-21

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

255-22

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

255-23

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

255-24

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

255-25

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

255-26

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

255-27

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

255-28

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

255-29

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

255-30

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

255-31

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

255-32

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