2:15-cv-00828-DN
NOTICE:
As of July 8, 2019, all equity in IAS shares is CANCELLED.
IAUS shares have no value.
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH in U.S. v. RaPower-3, LLC., et al., Case No., 2:15-cv-828, has determined that tax information provided by Neldon Johnson, RaPower-3, LLC, International Automated Systems (IAUS), XSun Energy, LLC, SOLCO I LLC, Greg Shepard, and others associated with them regarding solar energy lenses is false.
2:15-cv-00828-DN
USA vs RAPOWER-3, IAUS, LTB1, GREG SHEPARD, NELDON JOHNSON, ROGER FREEBORN
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 04/17/2024) |
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ORDER granting 1269 Motion for Approval of 21st Interim Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 2/14/24 |
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MOTION for Approval of Twenty-First Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 01/29/2024) |
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# 1 Exhibit A - Detailed Description of Work by Receiver |
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# 2 Exhibit B - Parr Brown Detailed Invoices |
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# 3 Exhibit C - Lone Peak Detailed Invoice |
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# 4 Text of Proposed Order Granting Twenty-First Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from October 1, 2023 through December 31, 2023 |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 01/26/2024) |
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1267 |
Mail sent to R. Gregory Shepard re docket entries 1264 , 1265 Returned as Undeliverable/Vacant. No other address available - address record changed to NO ADDRESS. |
ORDER granting 1260 19th Motion for Approval to Consummate Settlement: Receiver is authorized to enter into the Settlement Agreement re bankruptcy proceedings involving a defendant in ancillary case 2:19cv00532. The asset freeze order is partially lifted to allow the settlement agreement to be effectuated. Signed by Judge David Nuffer on 12/13/23 |
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ORDER granting 1263 Motion for Approval of 20th Interim Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 11/30/23 |
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ORDER granting 1262 Fourth Motion to Assign Judgments to Plaintiff, USA. Signed by Magistrate Judge Daphne A. Oberg on 11/27/23 |
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MOTION for Twentieth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. |
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Exhibit A - Receiver Work Detail |
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Exhibit A - Parr Brown Invoices |
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Text of Proposed Order |
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Fourth MOTION to Assign Judgments to Plaintiff, United States and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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1261 |
Motions No Longer Referred: 1260 MOTION for Approval to Consummate Settlement and Memorandum in Support. The district judge will address the motion. |
MOTION for Approval to Consummate Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Entered: 10/27/2023) |
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Text of Proposed Order |
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ORDER granting 1257 Motion for Settlement: The Receiver is authorized to enter into the Settlement Agreement re LaGrand Johnson for the benefit of the Receivership Estate. Signed by Judge David Nuffer on 10/26/23 (alt) (Entered: 10/26/2023) |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 10/10/2023) |
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MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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STATUS REPORT of Settlements and Litigation by Wayne Klein. (Balls, Jeffery) (Entered: 09/01/2023) |
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ORDER granting 1254 Motion for Approval of 19th Interim Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 8/31/23 (alt) (Entered: 08/31/2023) |
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MOTION for Approval of 19th Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 8/31/2023: corrected relief text (alt) (Entered: 08/16/2023) |
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Exhibit A - Receiver Work Detail |
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Exhibit B - Parr Brown Invoices |
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Exhibit C - Lone Peak Invoice |
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Text of Proposed Order |
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STATUS REPORT by Wayne Klein |
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ORDER granting 1251 Motion to Assign Additional Judgments to Plaintiff, USA. Signed by Magistrate Judge Daphne A. Oberg on 6/28/23 |
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MOTION to Assign Additional Judgments and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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STATUS REPORT by Wayne Klein (Entered: 06/12/2023) |
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ORDER granting 1248 Motion to Approve Eighteenth Interim Fee Application for Services Rendered from 1/1/23 through 3/31/23. Signed by Magistrate Judge Daphne A. Oberg on 5/23/23 |
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MOTION for Eighteenth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. |
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Exhibit A - Receiver Work Detail |
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Exhibit B - Parr Brown Invoices |
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Exhibit C - Lone Peak Invoice |
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Text of Proposed Order |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 04/21/2023) |
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ORDER granting 1244 Motion for Payment of Seventeenth Interim Fees (for Services Rendered from 10/1-12/31/22). Signed by Magistrate Judge Daphne A. Oberg on 3/7/23 (alt) (Entered: 03/07/2023) |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 03/01/2023) |
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MOTION for Payment of Seventeenth Interim Fees and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) Modified on 3/7/2023: updated motion relief (alt) (Entered: 02/21/2023) |
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Exhibit A - Receiver Work Detail |
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Exhibit B - Parr Brown Invoices |
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Text of Proposed Order |
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ORDER granting 1232 Motion for Approval to Consummate Settlements: Receiver is authorized to enter into the Settlement Agreements as to Richard Jameson, North Star Tax Services, and Robert Tilden. Signed by Judge David Nuffer on 1/26/23 (alt) (Entered: 01/26/2023) |
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STATUS REPORT (Seventeenth Quarterly) by Wayne Klein. (Balls, Jeffery) (Entered: 01/17/2023) |
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Exhibit |
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ORDER granting 1239 17th Motion for Approval to Consummate Settlement: Receiver is authorized to enter into the Settlement Agreement with Christopher J. Taylor and Energizing Concepts. Signed by Judge David Nuffer on 1/4/23 (alt) (Entered: 01/04/2023) |
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1240 |
Motions No Longer Referred: 1239 MOTION for Approval to Consummate Settlement and Memorandum in Support. The district judge will address the motion. (rw) (Entered: 01/04/2023) |
MOTION for Approval to Consummate Settlement and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 01/03/2023) |
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Text of Proposed Order |
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ORDER granting 1233 Motion to Assign Additional Judgment to Plaintiff. Signed by Magistrate Judge Daphne A. Oberg on 12/5/22 (alt) (Entered: 12/05/2022) |
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1237 |
Motions No Longer Referred: 1232 MOTION for Approval to Consummate Settlements and Memorandum in Support. The district judge will address the motion. (rw) (Entered: 12/02/2022) |
REQUEST to Submit for Decision re 1232 MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery) (Entered: 12/01/2022) |
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ORDER granting 1230 Motion for Payment of Sixteenth Interim Fees for Services Rendered from 7/1/22 through 9/30/22. Signed by Magistrate Judge Daphne A. Oberg on 11/28/22 (alt) (Entered: 11/28/2022) |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 11/28/2022) |
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MOTION to Assign Additional Judgment and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 11/16/2022) |
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Text of Proposed Order |
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MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 11/15/2022) |
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Text of Proposed Order |
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NOTICE of Property Sale Results (HD-4658) by Wayne Klein (Balls, Jeffery) (Entered: 11/15/2022) |
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Exhibit A |
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MOTION for Sixteenth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 11/10/2022) |
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Exhibit A |
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Exhibit B |
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Text of Proposed Order |
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STATUS REPORT (Sixteenth Quarterly) by Wayne Klein. (Balls, Jeffery) (Entered: 10/04/2022) |
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ORDER granting 1224 Motion to Approve Public Sale, Method and Form of Notice, and Procedures (parcel no.HD-4658). Signed by Magistrate Judge Daphne A. Oberg on 9/6/22 (alt) (Entered: 09/06/2022) |
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ORDER GRANTING FIFTEENTH INTERIM FEE APPLICATION FOR RECEIVER AND RECEIVERS PROFESSIONALS FOR SERVICES RENDERED FROM APRIL 1, 2022 THROUGH JUNE 30, 2022 - granting 1223 Motion for Payment. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 8/29/22. (jrj) (Entered: 08/29/2022) |
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STATUS REPORT (Seventh Special) on Settlements and Litigation by Wayne Klein. (Balls, Jeffery) (Entered: 08/24/2022) |
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NOTICE of Sale Results (DO-4568-1) by Wayne Klein (Balls, Jeffery) (Entered: 08/23/2022) |
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Exhibit A |
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MOTION Requesting Order Approving Public Sale (HD-4658) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Text of Proposed Order |
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Exhibit B - Proposed Sale Order |
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Exhibit C - Auction Procedures |
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MOTION for Fifteenth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Receiver Work Detail |
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Exhibit B - Parr Brown Invoices |
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Exhibit C - Manning Curtis Invoices |
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Exhibit D - Lone Peak Valuation Group Invoices |
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Text of Proposed Order Exhibit E - [Proposed] Order Approving Receiver's Fifteenth Interim Fee Application |
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STATUS REPORT by Wayne Klein. |
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Attachment |
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ORDER granting 1212 Motion for Approval of Fourteenth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 6/21/22. |
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Mail sent to R. Gregory Shepard re docket entry 1214 Returned as Undeliverable/Forward Time Expired. Address data has been updated and mail will be resent to new address. Signed by Magistrate Judge Daphne A. Oberg on 06/14/2022. |
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ORDER granting 1211 Motion for Order of Sale. Signed by Magistrate Judge Daphne A. Oberg on 06/14/2022. |
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REQUEST to Submit for Decision re 1211 MOTION for Order of Sale (DO-4568-1) filed by Receiver Wayne Klein. |
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REQUEST to Submit for Decision re 1211 MOTION for Order of Sale (DO-4568-1) filed by Receiver Wayne Klein. |
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STATUS REPORT of Settlements and Litigation by Wayne Klein. (Balls, Jeffery) (Entered: 06/06/2022) |
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NOTICE of Sale Results (DO-3276-1-1) by Wayne Klein |
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# 1 Exhibit A - Evidence of Publication of Notice |
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ORDER granting 1200 Motion to Assign Certain Judgments to Plaintiff. Signed by Magistrate Judge Daphne A. Oberg on 5/31/22 (alt) (Entered: 05/31/2022) |
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NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Stuart H. Schultz.Attorney Stuart H. Schultz will no longer receive notice from the court in this case including final judgment. (Schultz, Stuart) (Entered: 05/13/2022) |
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MOTION for Fourteenth Interim Fee Application filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 05/13/2022) |
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# 1 Exhibit Exhibit A (A1-A3) Summaries of Fees |
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# 2 Exhibit Exhibit B (B-1-B-4) Invoices and Expenses |
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# 3 Exhibit Exhibit C - Proposed Order |
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MOTION Receiver's Second Motion Requesting Order Approving (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 Daphne A. Oberg.(Balls, Jeffery) (Entered: 05/12/2022) |
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MANDATE of USCA as to 1133 Notice of Appeal. According to the USCA, the decision of the USDC for the Dist of UT is Affirmed. |
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# 1 Mandate Cover Letter |
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NOTICE OF WITHDRAWAL OF COUNSEL of Eric Benson filed by Eric G. Benson on behalf of Cody Buck, David Mantyla, Ken Oveson (Benson, Eric) (Entered: 04/28/2022) |
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NOTICE OF WITHDRAWAL OF COUNSEL of Eric Benson filed by Eric G. Benson on behalf of RaPower-3 (Benson, Eric) (Entered: 04/27/2022) |
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ORDER of USCA 10th Circuit as to 1133 Notice of Appeal: rehearing denied (alt) (Entered: 04/25/2022) |
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ORDER granting 1197 Motion for Approval of Thirteenth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 4/18/22 (alt) (Entered: 04/18/2022) |
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ORDER granting 1203 Fifteenth Motion for Approval to Consummate Settlement. Signed by Judge David Nuffer on 4/14/22 (alt) (Entered: 04/14/2022) |
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ORDER accepting 1202 14th Quarterly Status Report. Signed by Judge David Nuffer on 4/12/22 (alt) (Entered: 04/13/2022) |
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MOTION for Settlement filed by Receiver Wayne Klein. (Entered: 04/13/2022) |
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# 1 Text of Proposed Order Granting Receiver's Fifteenth Motion for Approval to Consummate Settlement |
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STATUS REPORT Receiver's Fourteenth Quarterly Status Report by Wayne Klein. (Balls, Jeffery) (Entered: 04/11/2022) |
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ORDER granting 1192 Motion for Order of Sale re parcel number DO-3276-1-1, Millard County, UT. Signed by Magistrate Judge Daphne A. Oberg on 4/6/22 (alt) (Entered: 04/06/2022) |
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MOTION to Assign Certain Judgments to Plaintiff, United States and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 04/05/2022) |
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# 1 Text of Proposed Order |
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REQUEST to Submit for Decision re 1194 Exhibits, 1192 MOTION for Order of Sale (DO-3276-1-1) filed by Receiver Wayne Klein. (Balls, Jeffery) (Entered: 04/05/2022) |
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ORDER granting 1196 Fourteenth Motion for Approval to Consummate Settlements: Receiver is authorized to enter into the Settlement Agreements for the benefit of the Receivership Estate. Signed by Judge David Nuffer on 3/24/22 (alt) (Entered: 03/24/2022) |
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MOTION for Approval of Thirteenth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 03/23/2022) |
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# 1 Exhibit A - Summary |
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# 2 Exhibit B - Detail |
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# 3 Text of Proposed Order |
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MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
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# 1 Text of Proposed Order |
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ORDER REFERRING MOTION 1192 MOTION for Order of Sale and Memorandum in Support (DO-3276-1-1) filed by Wayne Klein Motions referred to Daphne A. Oberg. Signed by Judge David Nuffer on March 12, 2022. |
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1194 |
CORRECTED EXHIBIT B filed by Wayne Klein re 1192 MOTION for Order of Sale and Memorandum in Support. The originally filed Exhibit B was unreadable. (DO-3276-1-1). |
ORDER accepting 1190 Status Report/Fifth Special Report on Status of Litigation. Signed by Judge David Nuffer on 3/9/22 (alt) (Entered: 03/10/2022) |
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MOTION for Order of Sale and Memorandum in Support (DO-3276-1-1) filed by Receiver Wayne Klein. |
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# 1 Text of Proposed Order |
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# 2 Exhibit B - Appraisal |
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# 3 Exhibit C - Auction Procedures |
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NOTICE of Sale Results (DO-3151) by Wayne Klein re 1178 Order on Motion for Order of Sale |
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Exhibit A - Affidavit of Publication |
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STATUS REPORT by Wayne Klein. |
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ORDER granting 1181 Motion for Attorney Fees. Signed by Magistrate Judge Daphne A. Oberg on 02/07/2022. |
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MEMORANDUM DECISION AND ORDER denying 1143 Motion to Intervene. Signed by Magistrate Judge Daphne A. Oberg on 2/2/22 |
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ORDER granting 1186 Thirteenth Motion for Approval to Consummate Settlement. Signed by Judge David Nuffer on 1/28/22 |
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MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Entered: 01/27/2022) |
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Text of Proposed Order |
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ORDER accepting 13th Quarterly 1184 Status Report. Signed by Judge David Nuffer on 1/27/22 (alt) (Entered: 01/27/2022) |
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STATUS REPORT (Thirteenth Quarterly) by Wayne Klein. (Entered: 01/26/2022) |
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Exhibit 1 |
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MANDATE of USCA as to Neldon Johnson's 1081 Notice of Appeal. According to the USCA, the 1065 Decision of the USDC for the Dist of UT is Affirmed. (Entered: 01/24/2022) |
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Mandate Cover Letter |
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NOTICE of Sale Results (HD-4497-1) by Wayne Klein (Balls, Jeffery) (Entered: 12/27/2021) |
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# 1 Exhibit A |
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MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Balls, Jeffery) (Entered: 12/16/2021)\12/27/2021 |
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# 1 Exhibit |
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# 1 Exhibit |
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# 1 Exhibit |
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# 1 Exhibit |
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# 1 Exhibit |
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# 1 Exhibit |
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# 1 Exhibit |
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# 8 Text of Proposed Order |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 12/06/2021) |
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Supplemental BRIEF re 1143 MOTION to Intervene filed by Movant Preston Olsen. (Jones, Paul) (Entered: 11/16/2021) |
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Modification of Docket re 1177 Supplemental BRIEF re 1143 MOTION to Intervene. Error: Entry text was not correct. Correction: Entry text has been simplified and linked only to motion being considered. (alt) (Entered: 11/16/2021) |
ORDER granting 1170 Motion for Order of Sale, Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice, and Public Auction Procedures re parcel number DO-3151 in Millard County, UT. Signed by Magistrate Judge Daphne A. Oberg on 11/15/21 (alt) (Entered: 11/16/2021) |
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Supplemental BRIEF re 1143 MOTION to Intervene filed by Plaintiff USA. (Applegate, Daniel) Modified on 11/16/2021: corrected entry text (alt) (Entered: 11/16/2021) |
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1176 |
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 11/15/2021 re 1143 MOTION to Intervene and Memorandum in Support filed by Preston Olsen.All parties appeared by ZOOM. The court hears from counsel. The court TAKES UNDER ADVISEMENT 1143 MOTION to Intervene and Memorandum in Support. If any party wishes to file a supplemental brief discussing whether prospective intervenors must, and if so can, establish independent jurisdiction for permissive intervention, they may do so by close of business 11/17/2021. The supplemental briefs are limited to 500 words. Attorney for Plaintiff: Dan Applegate, Attorney for Defendant: Paul Jones(Intervenors), Jeff Balls(Receiver).Court Reporter: electronic ZOOM 7.400.(ksm) (Entered: 11/16/2021) |
1175 |
MOTIONS REFERRED - 1170 MOTION for Order of Sale and Memorandum in Support (DO-3151) Motions referred to Daphne A. Oberg.(anf) (Entered: 11/03/2021) |
1174 |
ORDER ZOOM Setting Hearing on Motion 1143 MOTION to Intervene and Memorandum in Support : Motion Hearing set for 11/15/2021 at 02:00 PM in Judges Chambers before Magistrate Judge Daphne A. Oberg.Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. If the defendant wishes to proceed with an in-person hearing instead, s/he must send a request at least 24 hours in advance of the hearing to lynsie_severnak@utd.uscourts.gov. Signed by Magistrate Judge Daphne A. Oberg on 11/2/2021. (las) (Entered: 11/02/2021) |
STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 11/01/2021) |
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ORDER granting 1163 Motion for Order Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice and Public Auction Procedures. Signed by Magistrate Judge Daphne A. Oberg on 11/1/2021. (jl) (Entered: 11/01/2021) |
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REQUEST to Submit for Decision re 1153 Response to Motion, 1152 Memorandum in Opposition to Motion,, 1165 Reply Memorandum/Reply to Response to Motion, 1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Jones, Paul) (Entered: 10/29/2021) |
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MOTION for Order of Sale and Memorandum in Support (DO-3151) filed by Receiver Wayne Klein.(Balls, Jeffery) (Entered: 10/25/2021) |
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# 1 Text of Proposed Order |
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# 2 Exhibit B - Appraisal |
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# 3 Exhibit C - Auction Procedures) |
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ORDER granting 1160 Motion for Approval of Eleventh Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 10/25/21 (alt) (Entered: 10/25/2021) |
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ORDER granting 1167 12th Motion for Approval to Consummate Settlement related to ancillary action 2:19-cv-00623 DN-PK. Signed by Judge David Nuffer on 10/13/21 (alt) (Entered: 10/13/2021) |
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MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Balls, Jeffery) (Entered: 10/12/2021) |
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# 1 Text of Proposed Order |
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1166 |
DOCKET TEXT ORDER granting 1164 Consent Motion to Extend Time to File Replies to Responses to the Motion to Intervene. The court accepts Intervenors' Reply dated October 11, 2021. Signed by Magistrate Judge Daphne A. Oberg on 10/12/2021. No attached document. (eh) (Entered: 10/12/2021) |
REPLY to Response to Motion re 1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. (Jones, Paul) (Entered: 10/11/2021) |
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Consent MOTION for Extension of Time File Reply to Responses to Motion to Intervene and Memorandum in Support filed by Movant Preston Olsen. Motions referred to Daphne A. Oberg. |
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MOTION for Order Approving Public Sale of Property Free and Clear of Interests, Method and Form of Publication Notice and Public Auction Procedures filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Love, Cynthia) |
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# 1 Exhibit A |
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# 2 Exhibit B |
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# 3 Exhibit C |
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NOTICE of Sale Results by Wayne Klein (Entered: 10/04/2021) |
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# 1 Exhibit A |
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NOTICE of Appearance by Cynthia D. Love on behalf of Wayne Klein |
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MOTION for Approval of Eleventh Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Moions referred to Daphne A. Oberg. |
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# 1 Exhibit A - Summary |
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# 2 Exhibit B - Detail |
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# 3 Text of Proposed Order |
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1159 |
NOTICE OF DEFICIENCY re 1157 Plaintiff's MOTION for Partial Summary Judgment, 1158 Plaintiff's MOTION to Exclude Improper Testimony of Proposed Expert Derk G. Rasmussen. The documents were filed in the wrong case. The clerk will mark the entries as erroneous and has terminated the motions so they are no longer pending in this case. (alt) (Entered: 09/29/2021) |
ERROR: FILED IN WRONG CASE - - Plaintiff's MOTION to Exclude Improper Testimony of Proposed Expert Derk G. Rasmussen and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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ERROR: FILED IN WRONG CASE - - # 1 Exhibit 1 - Expert Report Disclosure |
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ERROR: FILED IN WRONG CASE - - Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Receiver Wayne Klein. Attorney Mitchell M. Longson added to party Wayne Klein(pty:rc)(Longson, Mitchell) (Entered: 09/27/2021) |
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ERROR: FILED IN WRONG CASE - - # 1 Appendix of Evidence in Support of Motion for Partial Summary Judgment (Part 1 of 2) |
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ERROR: FILED IN WRONG CASE - - # 2 Appendix of Evidence in Support of Motion for Partial Summary Judgment (Part 2 of 2) |
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SUBSTITUTION OF COUNSEL Daniel A. Applegate replacing Erin Healy Gallagher and Erin R. Hines as counsel on behalf of USA. |
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1155 |
DOCKET TEXT ORDER granting 1154 Motion to Extend Time to File Replies to Responses to the Motion to Intervene. The deadline for the Prospective Intervenors to file their replies is extended to October 8, 2021. Signed by Magistrate Judge Daphne A. Oberg on 9/23/2021.OR SUPPLEMENTAL BRIEFING: The court instructs Receiver Wayne Klein to file a response which takes a position on Prospective Intervenors' 1143 Motion to Intervene. Mr. Klein's deadline to file the response is September 17, 2021. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 8/26/2021 |
Consent MOTION for Extension of Time Reply to Responses to Motion to Intervene and Memorandum in Support filed by Movant Preston Olsen. Motions referred to Daphne A. Oberg.(Jones, Paul) (Entered: 09/22/2021) |
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# 1 Text of Proposed Order |
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RESPONSE to Motion re 1143 MOTION to Intervene and Memorandum in Support filed by Receiver Wayne Klein. |
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MEMORANDUM in Opposition re 1143 MOTION to Intervene and Memorandum in Support filed by Plaintiff USA. (Entered: 09/17/2021) |
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# 1 Exhibit Pl. Ex. 674, "Tax Time Success Stories" |
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# 2 Exhibit Pl. Ex. 752, Summary Chart Tax Benefits Claimed for Tax Years 2013 through 2016 |
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# 3 Exhibit Pl. Ex. 979, Olsen v. Commr Order and Decision |
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# 4 Exhibit Pl. Ex. 980, excerpt of Trial Transcript |
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# 5 Exhibit Pl. Ex. 981, Olsen v. Commr Notice of Appeal |
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# 6 Exhibit Pl. Ex. 982, Olsen v. Commr Petition |
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# 7 Exhibit Pl. Ex. 983, Olsen v. Commr Answer |
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# 8 Exhibit Pl. Ex. 984, excerpt of Olsen Dep. Aug. 2016 |
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1151 |
DOCKET TEXT ORDER FOR SUPPLEMENTAL BRIEFING: The court instructs Receiver Wayne Klein to file a response which takes a position on Prospective Intervenors' 1143 Motion to Intervene. Mr. Klein's deadline to file the response is September 17, 2021. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 8/26/2021 |
STATUS REPORT of Litigation by Wayne Klein. |
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1149 |
DOCKET TEXT ORDER granting 1148 United States' Consent Motion to Extend Time. The deadline for the United States to respond to the Motion to Intervene is extended to September 17, 2021. Signed by Magistrate Judge Daphne A. Oberg on 8/18/2021. No attached document. |
Consent MOTION for Extension of Time to File Response/Reply as to 1143 MOTION to Intervene and Memorandum in Support and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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ORDER granting 1140 Receiver's Motion Requesting Order Approving (1) Public Sale of Property Free and Clear of Interests, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures. Signed by Magistrate Judge Daphne A. Oberg on 8/13/21. |
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ERRATA to 1143 MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen . (Jones, Paul) (Entered: 08/13/2021) |
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ORDER granting 1144 Eleventh Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 8/12/21 |
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MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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MOTION to Intervene and Memorandum in Support filed by Movant Preston Olsen. Motions referred to Daphne A. Oberg. |
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# 1 Exhibit A - List of Intervenors |
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# 2 Exhibit B - Declaration of Counsel |
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# 3 Exhibit C - Excerpts of Trial Transcript |
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# 4 Exhibit D - Tax Court Decision |
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ORDER accepting 1141 Eleventh Quarterly Status Report filed by Wayne Klein. Signed by Judge David Nuffer on 8/2/21 |
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STATUS REPORT by Wayne Klein. |
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MOTION Order Approving Public Sale (21-11-278-006-0000) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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# 1 Text of Proposed Order |
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# 2 Exhibit B - Appraisals |
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# 3 Exhibit C - Auction Procedures |
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ORDER granting 1126 Motion for Approval of Tenth Interim Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 7/14/21 |
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Supplemental BRIEF re 1126 MOTION for Approval of Tenth Interim Fee Application filed by Receiver Wayne Klein. |
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WITHDRAWAL OF MOTION by Receiver Wayne Klein re 1131 Tenth MOTION for Settlement and Memorandum in Support filed by Wayne Klein |
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ORDER granting 1130 Motion for Approval to Consummate Settlement Agreements related to 6 ancillary actions. Signed by Judge David Nuffer on 7/6/21 f Preliminary Record to USCA re 1133 Notice of Appeal (Glenda Johnson) |
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USCA Case Number Case Appealed to Tenth Circuit Case Number 21-4080 for 1133 Notice of Appeal filed by Glenda Johnson. |
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Transmission of Preliminary Record to USCA re 1133 Notice of Appeal (Glenda Johnson) |
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Appendix |
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NOTICE OF APPEAL as to 1128 Order on Motion for Attorney Fees, filed by Glenda Johnson: Appeals to the USCA for the 10th Circuit. Fee Status: Paid. Filing fee $ 505, receipt number 4681095012 |
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NOTICE of Withdrawal of Duplicate Motion by Wayne Klein re 1131 Tenth MOTION for Settlement and Memorandum in Support (Balls, Jeffery) |
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Tenth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (withdrawn, duplicate) |
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Tenth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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ORDER: within 14 days, Receiver is to inform the court whether any of the fees and expenses sought in the 1126 MOTION for Approval of Tenth Interim Fee Application were already awarded in the 1128 Order. Signed by Magistrate Judge Daphne A. Oberg on 6/29/21 |
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ORDER granting 1124 Motion for Attorney Fees/Costs per 1116 Order. Glenda Johnson, Roger Hamblin, and Preston Olsen are jointly and severally liable to the Receiver for the total amount of $69,518.54, minus the $16,000.00 that has already been paid to the Receiver by Roger Hamblin and Preston Olsen. The remaining amount of $53,518.54 must be paid in funds separate from property belonging to the Receiver or receivership estate by no later than 7/12/21. Signed by Judge David Nuffer on 6/21/21 |
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1127 |
DOCKET TEXT ORDER taking under advisement 1124 Motion for Attorney Fees. The deadline for Defendants to file an opposition to the 1124 Motion has passed and no opposition has been received. Under DUCivR 7-1(d): "Failure to respond timely to a motion may result in the court's granting the motion without further notice." The court will rule on the state of the record as of 4:00 p.m. Friday, June 18, 2021. Signed by Judge David Nuffer on 6/14/2021. No attached document. |
MOTION for Approval of Tenth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A |
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Exhibit B |
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Text of Proposed Order |
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1125 |
Motions No Longer Referred: 1124 MOTION for Attorney Fees and Memorandum in Support re Dkt. 1116 (Contempt Order) |
MOTION for Attorney Fees and Memorandum in Support re Dkt. 1116 (Contempt Order) filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Klein Declaration |
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Exhibit B - Lehr Declaration |
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Text of Proposed Order |
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ORDER accepting 1122 Second Special Report on Status of Litigation. Signed by Judge David Nuffer on 5/24/21 |
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SECOND SPECIAL REPORT on Status of Litigation by Wayne Klein. |
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STATUS REPORT Receiver's Tenth Quarterly Status Report by Wayne Klein. |
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Property List |
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NOTICE of Sale Results (HD-4648) by Wayne Klein re 1064 Order on Motion for Miscellaneous Relief |
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Exhibit A - Publication Notice |
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ORDER granting 1112 Motion for Approval of Public Sale of Property (DO-4568-1). Signed by Magistrate Judge Daphne A. Oberg on 4/26/21 |
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REQUEST to Submit for Decision re 1112 MOTION for Order Approving Public Sale (DO-4568-1) and Memorandum in Support filed by Receiver Wayne Klein. |
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ORDER granting 1109 Motion for Approval of Public Sale and Grant of Purchase Option (Parcel Nos. HD-3511, HD-3511-1, MA-2662-B). Signed by Magistrate Judge Daphne A. Oberg on 4/20/21 |
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ORDER OF CONTEMPT, granting 1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt: Glenda Johnson, Roger Hamblin, and Preston Olsen acted in civil contempt of valid orders issued by this court and are jointly and severally liable to the Receiver for all costs and fees of the Receiver and his counsel relating to their contemptuous conduct. Glenda Johnson shall have 60 days from the date of this order to submit any admissible documents and arguments in Case No. 2:19-cv-625 demonstrating the source of funds for the purchases of four properties or an order will be entered requiring Glenda Johnson to turn over the properties to the Receiver as Receivership Property. Signed by Judge David Nuffer on 4/14/21 |
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NOTICE of Sale Results (HD-4606-2) by Wayne Klein |
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Exhibit A |
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NOTICE of Sale Results (HD-4606-2-1) by Wayne Klein |
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Exhibit A |
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NOTICE of Sale Results (Newhall, California Condominium) by Wayne Klein |
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MOTION for Order Approving Public Sale (DO-4568-1) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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Appraisal Excerpts |
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Auction Procedures |
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ORDER granting 1107 Ninth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 3/26/21 |
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NOTICE OF FILING re 1106 Order, 1088 Order,,,, Proposed Order Finding Civil Contempt by Glenda Johnson, Roger Hamblin, and Preston Olsen filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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MOTION for Approval of Public Sale and Grant of Purchase Option (HD-3511, HD-3511-1, MA-2662-B) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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Appraisal |
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Auction Procedures |
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LOI |
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ORDER granting 1098 Motion for Approval of Ninth Fee Application. Signed by Magistrate Judge Daphne A. Oberg on 3/23/21 |
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Ninth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: # 1)(Balls, Jeffery) |
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Text of Proposed Order |
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1106 |
DOCKET TEXT ORDER Receiver is ordered to comply with 1088 Docket Text Order to file a draft order finding Glenda Johnson, Roger Hamblin, and Preston Olsen in civil contempt by Friday, April 2, 2021. Signed by Judge David Nuffer on 3/22/2021. No attached document. |
REQUEST to Submit for Decision re 1098 MOTION for Approval of Ninth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. |
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CORRECTED ORDER for Approval of Public Sale of Property (HD-4606-2-1) (corrects 1076 Order granting 1054 Motion). Signed by Magistrate Judge Daphne A. Oberg on 3/16/21 |
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CORRECTED ORDER for Approval of Public Sale of Property (HD-4606-2) (corrects 1028 Order granting 1024 Motion). Signed by Magistrate Judge Daphne A. Oberg on 3/16/21 |
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ORDER granting 1092 Motion to Amend/Correct Sales Orders ( 1076 Order, 1028 Order). Signed by Magistrate Judge Daphne A. Oberg on 3/15/21 |
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NOTICE of Sale Results (4805, 4806-A, 4806-B) by Wayne Klein re 1052 Order on Motion for Miscellaneous Relief |
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Exhibit Publication Affidavit |
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REQUEST to Submit for Decision re 1092 MOTION to Amend/Correct 1076 Order on Motion for Miscellaneous Relief, 1028 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Wayne Klein. |
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ORDER accepting 1096 Special Report on Status of Litigation and ordering that Receiver shall submit similar reports quarterly. Signed by Judge David Nuffer on 3/3/21 |
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MOTION for Approval of Ninth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Summary |
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Exhibit B - Detail |
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Text of Proposed Order |
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STATUS REPORT by Wayne Klein. (Balls, Jeffery) (Entered: 03/01/2021 |
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STATUS REPORT on Litigation by Wayne Klein. |
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NOTICE of Sale Results (Payson, UT Home) by Wayne Klein re 1085 Order on Motion for Miscellaneous Relief |
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ORDER granting 1071 Motion to Sell Newhall, California Condominium Free and Clear of Purported Interests. Signed by Magistrate Judge Daphne A. Oberg on 2/24/21. |
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Full Filing fee: $ 505.00 received, receipt number 4681093496. Payment receipted for Notice of Appeal 1081 . (mh) (Entered: 02/24/2021) |
1093 |
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 2/23/2021 re 1071 MOTION to Sell Newhall Condominium filed by Wayne Klein. All parties are appearing via zoom. After hearing from counsel the court grants the motion. The court will issue a written order. Attorney for Defendant Steven Paul, Ed Wall, Receiver Jeff Balls. Court Reporter: Electronic-via Zoom.(Time Start: 10:01, Time End: 10:15, Room Chambers. |
MOTION to Amend/Correct 1076 Order on Motion for Miscellaneous Relief, 1028 Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Lehr, Michael) (Entered: 02/23/2021) |
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Text of Proposed Order |
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Exhibit C - Title Report 4606-2 |
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Text of Proposed Order, |
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Exhibit D - Title Report 4606-2-1 |
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NOTICE of of Sale Results (Payson, UT Condominium) by Wayne Klein re 1086 Order on Motion for Miscellaneous Relief |
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NOTICE of of Publication (Newhall California Condominium) by Wayne Klein re 1077 Order on Motion for Miscellaneous Relief (Attachments: # 1 Exhibit A - Publication Affidavit) |
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ORDER granting 1087 Eighth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 2/16/21 |
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1088 |
DOCKET TEXT ORDER The Motion 1056 , Receivers Report 1055 , and accompanying papers clearly show the civil contempt of Glenda Johnson, Roger Hamblin, and Preston Olsen. The Receiver shall prepare and submit a draft order with the factual premises and legal conclusions finding contempt and ordering that (1) Glenda Johnson, Roger Hamblin, and Preston Olsen be jointly and severally liable for all costs and fees of the Receiver and his counsel related to their misconduct, including, but not limited to, i) this Motion and the accompanying Report and Recommendation, ii) the Receivers prior motion to invalidate the liens, iii) the depositions of Hamblin and Olsen and related investigation, and iv) other filings related to the misconduct; and (2) in the Receivers separate lawsuit against Glenda Johnson seeking turnover of four properties still titled in the name of Glenda Johnson (Case No. 2:19-cv-625), Glenda Johnson bear the burden of demonstrating that funds used for her acquisition of each of those properties came from sources other than Receivership Entities and Affiliated Entities. Signed by Judge David Nuffer on 02/16/2021. No attached document. |
Eighth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
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ORDER granting 1053 Motion for Authorization to Sell Payson, UT, Condominium free and clear of all purported interests. Signed by Magistrate Judge Daphne A. Oberg on 2/11/21 |
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ORDER granting 1041 Motion for Authorization to Sell Payson, UT Home free and clear of all purported interests. Signed by Magistrate Judge Daphne A. Oberg on 2/11/21 |
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NOTICE of of Sale Results (Sherwood Drive) by Wayne Klein re 1048 Order on Motion for Miscellaneous Relief |
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Exhibit Publication Affidavit |
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USCA Case Number Case Appealed to USCA 10th Circuit Case Number 21-4015 for 1081 Notice of Appeal filed by Neldon Johnson. |
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Transmission of Preliminary Record to USCA re 1081 Notice of Appeal |
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Appendix |
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NOTICE OF APPEAL as to 1065 Memorandum Decision/Order on Motion to Set Aside Judgment, filed by Neldon Johnson. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 505. |
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NOTICE of Publication by Wayne Klein re 1051 Order on Motion for Miscellaneous Relief, 1058 Order on Motion for Miscellaneous Relief |
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Exhibit A - Notice of Publication (Payson, Utah Home) |
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Exhibit B - Notice of Publication (Payson, Utah Condominium) |
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1079 |
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 2/9/2021 re 1041 MOTION for Authorization to Sell Payson, Utah Home filed by Wayne Klein, 1053 MOTION to Sell Payson, Utah Condominium filed by Wayne Klein. The court hears from counsel regarding the sale of these properties. Once the court has received the proof of publications it will issue an order granting the motions to sell. Attorney for Plaintiff: Erin Gallagher, Attorney for Defendant: Ed Wall, Attorney for Receiver: Jeff Balls. Court Reporter: Electronic-via Zoom.(Time Start: 9:00, Time End: 9:18, Room Chambers.) |
1078 |
ORDER Setting Zoom Hearing on Motion 1071 MOTION to Sell Newhall Condominium : Motion Hearing set for 2/23/2021 at 10:00 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email utdecf_oberg@utd.uscourts.gov to obtain conference information. Signed by Magistrate Judge Daphne A. Oberg on 2/5/2021. |
ORDER granting 1063 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Newhall, CA Condo). Signed by Magistrate Judge Daphne A. Oberg on 2/4/21 |
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ORDER granting 1054 Motion for Approval of Public Sale of Property (HD-4606-2-1), Method, Form, and Procedures. Signed by Magistrate Judge Daphne A. Oberg on 2/4/21 |
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REPLY to Response to Motion re 1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Receiver Wayne Klein. |
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REQUEST to Submit for Decision re 1054 MOTION Approving Public Sale of Property (HD-4606-2-1) and Memorandum in Support filed by Receiver Wayne Klein. |
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RESPONSE to Motion re 1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Respondent Glenda Johnson. |
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Affidavit Declaration of Glenda E. Johnson in Support of Response to OSC Motion |
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STIPULATION re 1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt ; Hamblin and Olsen Stipulation for Finding of Contempt and Amount Towards Costs by Wayne Klein. |
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Hamblin Stipulation |
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Olsen Stipulation |
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MOTION and Memorandum in Support to Sell Newhall Condominium filed by Receiver Wayne Klein. (Attachments: # 1 Text of Proposed Order Exhibit A - Proposed Order Granting Receiver's Motion, # 2 Exhibit B - Barrett Appraisal, # 3 Exhibit C - Cubas Appraisal, # 4 Exhibit D - Biddle Appraisal, # 5 Exhibit E - Purchase Agreement) Motions referred to Daphne A. Oberg. |
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STATUS REPORT Receiver's Ninth Quarterly Status Report by Wayne Klein. |
|
Property List |
|
1069 |
ORDER Setting Zoom Hearing on Motion 1053 MOTION to Sell Payson, Utah Condominium and Memorandum in Support , 1041 MOTION for Authorization to Sell Payson, Utah Home and Memorandum in Support : Motion Hearing set for 2/9/2021 at 09:00 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email utdecf_oberg@utd.uscourts.gov to obtain conference information. Counsel must note the hearing is before Judge Oberg and list the above email address in the newspaper publication. See Doc. Nos. 1051 , 1058 . Signed by Magistrate Judge Daphne A. Oberg on 1/25/2021. |
1068 |
DOCKET TEXT ORDER Vacating 1061 Order on Receiver's Motion Seeking Authorization to Sell Payson, Utah Home Free and Clear of Purported Interests 1041 . A new order will be entered following a hearing on the motion. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 1/25/2021 |
1067 |
DOCKET TEXT ORDER Receiver filed 1037 Receivers Seventh Motion for Approval to Consummate Settlements (the "Motion") on 12/15/2020. The Motion states that Receiver will dismiss the Klein v. Kulacz (case no. 2:19-cv-00679-DN-PK) lawsuit when the Motion is approved. The 1059 Order granted the Motion on 1/4/2021. Receiver is instructed to submit dismissal documents for Klein v. Kulacz by 2/5/2021. Signed by Judge David Nuffer on 1/22/2021. No attached document. |
DECLARATION of Randale Johnson re 1057 Order filed by Randale Johnson. |
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Email Confirmation of Bank Statements, |
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Health Equity Balance |
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AFCU Balance |
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MEMORANDUM DECISION AND ORDER denying 986 Motion to Set Aside Judgment. Signed by Judge David Nuffer on 1/15/21 |
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ORDER granting 1047 Motion to Approve Public Sale of Property (HD-4648). Signed by Magistrate Judge Daphne A. Oberg on 1/13/21 |
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Ex Parte (Not Sealed) MOTION Approving Method of Publication Notice (Newhall) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
|
Text of Proposed Order |
|
1062 |
Motions No Longer Referred: 1056 MOTION for Order to Show Cause Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt |
ORDER granting 1041 Motion Seeking Authorization to Sell Payson, UT, Home Free and Clear of Purported Interests. Signed by Magistrate Judge Daphne A. Oberg on 1/4/21 |
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ORDER taking under advisement 1056 Motion for Order to Show Cause. Responses to the motion due by no later than 1/29/21; any reply memo due by no later than 2/5/21. Signed by Judge David Nuffer on 12/31/20 |
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ORDER granting 1037 Seventh Motion to Consummate Settlements that will bring $60,800.00 into the Receivership Estate. Signed by Judge David Nuffer on 12/31/20 |
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ORDER granting 1038 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Payson, UT condominium). Signed by Magistrate Judge Daphne A. Oberg on 12/30/20 |
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ORDER re Deficiencies in Randale Johnson's Production of Financial Records. Signed by Judge David Nuffer on 12/29/20 |
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MOTION for Order to Show Cause and Memorandum in Support Why Glenda Johnson, Roger Hamblin, and Preston Olsen Should Not be Held in Civil Contempt filed by Receiver Wayne Klein. |
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Exhibit A - Hamblin Acknowledgement of Service |
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Exhibit B - Text of Proposed Order |
|
STATUS REPORT and Recommendation on Property Liens Glenda Johnson Granted to Anstram Energy by Wayne Klein. |
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Exhibit A - Hamblin Deposition |
|
Exhibit B - Olsen Deposition |
|
Exhibit C - Glenda Answer Wings West Suit |
|
Exhibit D - Glenda Opposition to SJ Wings West Suit |
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Exhibit E - Complaint Hamblin Suit |
|
Exhibit F - Answer Hamblin Suit |
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Exhibit G - Hamblin Returns of Service |
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Exhibit H - Property Statements |
|
MOTION Approving Public Sale of Property (HD-4606-2-1) and Memorandum in Support filed by Receiver Wayne Klein. |
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MOTION to Sell Payson, Utah Condominium and Memorandum in Support filed by Receiver Wayne Klein. |
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ORDER granting 1035 Motion to Approve Public Sale of Property (4805, 4806-A, 4806-B). Signed by Magistrate Judge Daphne A. Oberg on 12/29/20 |
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ORDER granting 1034 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Payson, UT home). Signed by Magistrate Judge Daphne A. Oberg on 12/29/20 |
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NOTICE of Pro Se Appearance by R. Gregory Shepard |
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REPLY BRIEF re 1006 Order on Motion to Produce, 1040 Order filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
|
ORDER granting 1031 Approving Public Sale of Property (DO-SS-136&137). Signed by Magistrate Judge Daphne A. Oberg on 12/23/2020. (las) Modified on 12/23/2020 Correcting text to show the correct motion it is granting. |
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MOTION Approving Public Sale of Property (HD-4648) and Memorandum in Support filed by Receiver Wayne Klein. |
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REQUEST to Submit for Decision re 1031 MOTION Approving Public Sale of Property (DO-SS-136&137) and Memorandum in Support filed by Receiver Wayne Klein. |
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ORDER granting 1025 Motion for Approval of Eighth Fee Application for Services Rendered from 7/1/20 through 9/30/20. Signed by Magistrate Judge Daphne A. Oberg on 12/21/20 |
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MEMORANDUM in Opposition re 986 MOTION to Set Aside Judgment filed by Plaintiff USA. |
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Exhibit July 17, 2020, Order denying petition for rehearing (10th Cir.) |
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REQUEST to Submit for Decision re 1025 MOTION for Approval of Eighth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. (Lehr, Michael) (Entered: 12/16/2020) |
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ORDER granting renewed 1032 Motion to Withdraw as Counsel for defendants. Attorneys Denver C. Snuffer, Jr., Steven R. Paul, Daniel B. Garriott, Joshua D. Egan, and the law firm of Nelson, Snuffer, Dahle, and Poulsen PC are withdrawn from case for Rapower-3, International Automated Systems, LTB1, R. Gregory Shepard, and Neldon Johnson. Signed by Judge David Nuffer on 12/15/20 |
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MOTION for Authorization to Sell Payson, Utah Home and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit B - Larsen Appraisal, # 3 Exhibit C - Meyer Appraisal, # 4 Exhibit D - Nyman Appraisal, # 5 Exhibit E - Purchase Agreement) Motions referred to Daphne A. Oberg. |
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ORDER for Reply re 1018 Declaration: by no later than 12/30/20, Receiver shall file a reply and a draft order specifying the relief presently sought. Signed by Judge David Nuffer on 12/15/20 |
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Mail sent to Neldon Johnson re docket entry 1017 Returned as Undeliverable/Unable to Forward. Internet search shows the industrial property at that address listed for sale. Called related phone number and spoke with Mr. Nelson (12/15/20), getting new PO Box address. Data will be updated and mail resent. |
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Ex Parte (Not Sealed) MOTION for Sale of Payson, Utah Condominium and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
|
Text of Proposed Order |
|
Seventh MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
|
RESPONSE to Motion re 1032 MOTION to Withdraw as Counsel and Memorandum in Support filed by Receiver Wayne Klein. |
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MOTION Approving Public Sale of Property (4805, 4806-A, 4806-B) and Memorandum in Support filed by Receiver Wayne Klein. (Attachments: # 1, # 2 Exhibit B - Appraisal Exce |
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Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication (Payson, Utah Home) and Memorandum in Support filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
|
1033 |
Motions No Longer Referred: 1032 Nelson, Snuffer, Dahle & Poulsen, P.C.'s Renewed Motion to Withdraw as Counsel for all Defendants. |
MOTION to Withdraw as Counsel and Memorandum in Support filed by Defendants International Automated Systems, LTB1, RaPower-3, R. Gregory Shepard. Motions referred to Daphne A. Oberg. |
|
Information required by Rule |
|
Text of Proposed Order |
|
MOTION Approving Public Sale of Property (DO-SS-136&137) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Text of Proposed Order |
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Exhibit B - Appraisal Excerpt |
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Exhibit C - Auction Procedures |
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MEMORANDUM DECISION AND ORDER denying 964 Motion for Rule 11 Sanctions. Signed by Judge David Nuffer on 12/7/20 |
|
ORDER granting 780 Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies. Signed by Judge David Nuffer on 12/7/20 |
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ORDER granting 1024 Motion for Approval of Public Sale of Property (HD-4606-2). Signed by Magistrate Judge Daphne A. Oberg on 12/1/2 |
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ORDER granting 1023 Motion for Approval of Public Sale of Property (HD-3511-1). Signed by Magistrate Judge Daphne A. Oberg on 12/1/20 |
|
REQUEST to Submit for Decision re 1023 MOTION for Approval of Public Sale of Property (HD-3511-1) and Memorandum in Support , 1024 MOTION for Approval of Public Sale of Property (HD-4606-2) and Memorandum in Support filed by Receiver Wayne Klein. (Entered: 11/30/2020) |
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MOTION for Approval of Eighth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. (Entered: 11/30/2020) |
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Exhibit A - Summary |
|
Exhibit B - Time Detail |
|
Text of Proposed Order |
|
MOTION for Approval of Public Sale of Property (HD-4606-2) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg.(Entered: 11/12/2020) |
|
Text of Proposed Order |
|
Exhibit B - Appraisal |
|
Exhibit C - Auction Procedures |
|
MOTION for Approval of Public Sale of Property (HD-3511-1) and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. (Entered: 11/09/2020) |
|
Text of Proposed Order |
|
Exhibit B - Auction Procedures |
|
Exhibit C - Appraisal |
|
NOTICE of Sale Results Elk Ridge, Utah Home by Wayne Klein |
|
STATUS REPORT (Eighth Quarterly) by Wayne Klein. |
|
Exhibit 1 - Property List |
|
RESPONSE re 1018 Declaration, filed by Randale Johnson. |
|
REQUEST to Submit for Decision re 964 MOTION for Sanctions re 931 Motion to set aside judgment, filed by Plaintiff USA. |
|
DECLARATION of Receiver Wayne Klein re 1006 Order on Motion to Produce, LaGrand and Randale Johnson's Production of Records filed by Wayne Klein. |
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ORDER granting 1015 Motion to Authorize Sale of Elk Ridge, UT, Home Free and Clear of Purported Interests. Signed by Judge David Nuffer on 10/2/20 |
|
ORDER granting 1011 Motion for Approval of Seventh Fee Application. Signed by Judge David Nuffer on 9/23/20 |
|
Supplemental MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
|
DECLARATION of Randale Johnson re 1006 Order on Motion to Produce, filed by Randale Johnson. |
|
Exhibit Bank Statements |
|
DECLARATION of LaGrand Johnson re 1006 Order on Motion to Produce, filed by LaGrand Johnson. |
|
Exhibit Bank Statements |
|
DECLARATION of Glenda Johnson re 1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, filed by Glenda Johnson. |
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MOTION for Approval of Seventh Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
|
Exhibit A - Summary |
|
Exhibit B - Detail |
|
Text of Proposed Order |
|
DECLARATION of Steven Paul re 1007 Order on Motion for Miscellaneous Relief,, Order on Motion to Strike,, Memorandum Decision, acknowledging delivery of Order, ECF 1007, to the Johnsons filed by Glenda Johnson, LaGrand Johnson, Neldon Johnson, Randale Johnson. |
|
DECLARATION of Randale Johnson re 1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by Randale Johnson. |
|
DECLARATION of LaGrand Johnson re 1006 Order on Motion to Produce, acknowledging receipt of a copy of the Order, ECF 1006 filed by LaGrand Johnson. |
|
MEMORANDUM DECISION AND ORDER granting 757 Motion to Direct Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson; denying 805 Motion to Strike; overruling 930 Objections and 890 Objections. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20 |
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ORDER granting 876 Motion to Produce Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief. Non-compliance may result in issuance of a bench warrant. Signed by Judge David Nuffer on 9/14/20 |
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NOTICE of Publication by Wayne Klein re 988 Order on Motion for Miscellaneous Relief (Elk Ridge, UT Property) (Attachments: # 1) |
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Exhibit Publication Affidavit |
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REPLY to Response to Motion re 964 MOTION for Sanctions re 931 Motion to set aside judgment, filed by Plaintiff USA. |
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1003 |
Minute Entry for proceedings held before Judge David Nuffer: Motion Hearing held on 8/28/2020 re 973 MOTION for Order of Sale and Memorandum in Support filed by Wayne Klein. Counsel, court and court reporter present by Zoom video conference. Discussion heard on publication of the sale of the property, changes in the facts of the case. Ms. Hines has no objection to the sale. Mr. Balls is to prepare a proposed order as directed by the court. Court adjourned. Attorney for Plaintiff: Erin Hines, Attorney for Defendant: Jeffery Balls, Stephen Paul. Court Reporter: Kelly Sommerville.(Time Start: 11:01, Time End: 11:10, Room 2B St. George.)(pjd) (Entered: 08/28/2020) |
1002 |
DOCKET TEXT ORDER denying 999 Motion to Quash. The 999 Motion to Quash filed be Roger Hamblin is DENIED. However, the Receiver is directed to take precautions such as masks, cleaning surfaces, hand sanitizer, and social distancing in the deposition session. Signed by Judge David Nuffer on August 28, 2020. No attached document. |
MEMORANDUM in Opposition re 999 MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Receiver Wayne Klein. |
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Exhibit A - Subpoena to Hamblin |
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1000 |
Motions No Longer Referred: 999 MOTION to Quash Subpoena for Testimony and Memorandum in Support |
MOTION to Quash Subpoena for Testimony and Memorandum in Support filed by Petitioner Roger Hamblin. Motions referred to Daphne A. Oberg.(nl) (Entered: 08/27/2020) |
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Exhibit A-Subpoena |
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Exhibit B- Email |
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Exhibit C- Tribute Archive |
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Exhibit D- Letter |
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MANDATE of USCA as to 698 Notice of Appeal: According to the USCA, the Appeal is Dismissed for lack of jurisdiction. (Entered: 08/18/2020) |
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# 1 USCA Judgment |
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# 2 Mandate Cover Letter |
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ORDER granting 995 Motion for Extension of Time to File Response/Reply re 964 MOTION for Sanctions re 931 Motion to set aside judgment: Reply memo due by 9/4/2020. No response to 986 Motion required at this time. Signed by Magistrate Judge Daphne A. Oberg on 8/18/2020 |
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996 |
NOTICE OF HEARING ON MOTION re: 973 MOTION for Order of Sale and Memorandum in Support : Motion Hearing set for 8/28/2020 at 11:00 AM in Judges Chambers before Judge David Nuffer. Conference link emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information (pjd) (Entered: 08/18/2020) |
MOTION for Extension of Time to File Response/Reply as to 990 Memorandum in Opposition to Motion, 986 MOTION to Set Aside Judgment and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg. |
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Order denying petition for rehearing |
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Text of Proposed Order |
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994 |
CLERK'S NOTICE OF ERROR re 993 Order Dismissing Case - order was entered in wrong case. Case was already closed on 10/4/18 |
ERROR: ENTERED IN WRONG CASE - ORDER DISMISSING CASE without prejudice for lack of subject matter jurisdiction. Signed by Judge David Nuffer on 8/10/20 |
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ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Millard County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20 |
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ORDER invalidating lien recorded by Glenda Johnson on 12/19/19 with the Utah County Recorder in favor of Anstram Energy, LLC. Signed by Judge David Nuffer on 8/10/20 |
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MEMORANDUM in Opposition re 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, filed by Interested Party Nelson Snuffer Dahle Poulsen PC. |
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Exhibit 1A - Transcript, Day 1 |
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Exhibit 1B - Transcript, Day 2 |
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Exhibit 1C - Transcript, Day 3 |
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NOTICE OF FILING of Proposed Orders re 984 Memorandum Decision filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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Text of Proposed Order |
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ORDER granting 972 Motion to Approve Method and Form of Publication Notice of Sale of Real Property (Elk Ridge). Signed by Magistrate Judge Daphne A. Oberg on 8/7/20 |
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REQUEST to Submit for Decision re 972 Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein. |
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Pro Se MOTION to Set Aside Judgment (Rule 60) and Memorandum in Support filed by Defendant Neldon Johnson |
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NOTICE OF FILING re 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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Exhibit A - May 25th Email |
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MEMORANDUM DECISION AND ORDER Invalidating Liens that Glenda Johnson granted to Anstram Energy and directing Receiver to conduct additional investigation. Signed by Judge David Nuffer on 8/6/20 |
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NOTICE OF FILING of Proposed Order re 967 Order,,,,,, Invalidating Liens and Directing the Receiver to Conduct Investigation filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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ORDER granting 955 Motion to Discontinue Living Allowance to Gregory Shepard. Signed by Judge David Nuffer on 8/4/20 |
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REQUEST to Submit for Decision re 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein. |
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980 |
DOCKET TEXT ORDER re 652 Docket Text Order appointing CJA Counsel, Edwin S. Wall for Neldon Johnson. As contemplated in the 953 Memorandum Decision and Order Taking Under Advisement Notice and/or Motion to Withdraw As Counsel for Defendants, and no objections having been filed prior to the expiration of the 14-day deadline set forth in the 953 Order, IT IS HEREBY ORDERED that the 652 Docket Text Order is clarified to provide that the appointment of Edwin S. Wall is limited to the contempt proceedings. No attached document. Signed by Judge David Nuffer on July 29, 2020. |
NOTICE OF WITHDRAWAL OF COUNSEL of David E Leta and Jeff D. Tuttle filed by Jeffrey D. Tuttle on behalf of RaPower-3 |
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Modification of Docket re 977 USCA Mandate. Error: USCA Cover Letter was erroneously not attached to mandate entry. Correction: Cover letter has been added to entry and is also attached to this entry. Signed by Judge David Nuffer on 7/28/20 |
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MANDATE of USCA as to 445 Notice of Appeal - Interlocutory, 472 Notice of Appeal. According to the USCA, the Judgment of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: ) (alt) (Additional attachment(s) added on 7/28/2020: ) Signed by Judge David Nuffer on 7/28/20 |
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# 1 USCA Judgment Signed by Judge David Nuffer on 7/28/20 |
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# 2 Mandate Cover Letter Signed by Judge David Nuffer on 7/28/20 |
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MEMORANDUM DECISION AND ORDER deeming as moot and denying 931 Motion to Set Aside Judgment; deeming as moot and denying 949 Motion to Withdraw as Counsel. Signed by Judge David Nuffer on 7/28/20 |
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975 |
DOCKET TEXT ORDER GRANTING 974 Motion for Extension of Time to File Response/Reply re 964 MOTION for Sanctions and Memorandum in Support Regarding ECF No. 931, Rule 60 Motion to Set Aside Judgment. Opposition due by 8/12/2020. Signed by Magistrate Judge Daphne A. Oberg on 7/27/2020. No attached document. |
MOTION for Extension of Time to File Response/Reply as to 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Daphne A. Oberg. |
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MOTION for Order of Sale and Memorandum in Support filed by Receiver Wayne Klein. |
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# 1 Text of Proposed Order |
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# 2 Exhibit A |
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# 3 Exhibit B |
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# 4 Exhibit C |
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# 5 Exhibit D |
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# 6 Exhibit E |
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Ex Parte (Not Sealed) MOTION Approving Method and Form of Publication and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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# 1 Text of Proposed Order |
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ORDER re 911 Receiver's Report on 677 Civil Contempt Order: by no later than 8/18/20, Pacific Stock Transfer Company shall pay to the Receiver a reduced fine amount of $10,000.00 in full satisfaction of the coercive fine previously ordered. Signed by Judge David Nuffer on 7/22/20 |
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ORDER granting 943 Sixth Motion for Approval to Consummate Settlements: the clerk of the Court shall pay to the Receiver $97,430.00 deposited into the Court registry by Snell and Wilmer pursuant to the Amended and Restated Order Denying Application for Compensation and Reimbursement of Expenses filed in Case No. 2:18cv00608 DN on 11/6/18. Signed by Judge David Nuffer on 7/21/20 |
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NOTICE OF FILING of Verification of Compliance with Order 947 filed by Respondent LaGrand Johnson. |
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REQUEST to Submit for Decision re 943 Sixth MOTION for Settlement filed by Receiver Wayne Klein. |
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967 |
DOCKET TEXT ORDER taking under advisement - 923 Receiver's Notice of Non-Compliance and - 942 Receiver's Report and Recommendation on Glenda Johnson's Non-Compliance with Order Requiring Release of Liens. The court has reviewed the declarations and materials submitted by the parties in connection with the foregoing Notice and Report and Recommendation and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions adopting the recommendation that the liens be declared invalid and directing the Receiver to file the order with the county recorders of Millard County and Utah County. The proposed order shall also direct the Receiver to locate and depose Roger Hamblin and Preston Olsen regarding all of their activities relevant to the 942 Report and Recommendation, and any other apparent efforts to interfere with the Receivership in this case. The proposed order should comply with the instructions at http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before August 3, 2020, and shall be reviewed by opposing counsel within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to dj.nuffer@utd.uscourts.gov. No attached document. Signed by Judge David Nuffer on Jul y 14, 2020. |
966 |
Motions No Longer Referred: 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support |
965 |
Motions No Longer Referred: 964 MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, |
MOTION for Sanctions and Memorandum in Support regarding ECF No. 931, Rule 60 motion to set aside judgment, filed by Plaintiff USA. Motions referred to Daphne A. Oberg. |
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Declaration of Erin Healy Gallagher |
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Exhibit Pl. Ex. 970, IRS Pre-Trial Brief |
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Exhibit Pl. Ex. 971, IRS Post-Trial Brief |
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Exhibit Pl. Ex. 972, Tax Court Tr., Jan. 21, 2020 |
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Exhibit Pl. Ex. 973, Tax Court Tr., Jan. 22, 2020 |
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Exhibit Pl. Ex. 974, Tax Court Tr., Jan. 23, 2020 |
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Exhibit Pl. Ex. 975, Expert Report of Dr. Thomas Mancini, Tax Court Exhibit 147-R |
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Exhibit Pl. Ex. 976, Rebuttal Report of Dr. Thomas Mancini, Tax Court Exhibit 148-R |
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Exhibit Pl. Ex. 977, 2020 06 08 letter from Healy Gallagher to Paul |
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Exhibit Pl. Ex. 978, 2020 06 11 email from Paul to Healy Gallagher |
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ORDER granting 922 Motion to Appoint Appraisers for Fourteen Properties in Millard County, UT; Utah County, UT; and Los Angeles, CA. Signed by Judge David Nuffer on 7/13/20 |
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REQUEST to Submit for Decision re 922 MOTION to Appoint Expert Appraisers (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein. |
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STATUS REPORT (Seventh Quarterly) by Wayne Klein. |
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Exhibit 1 - Real Property List |
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960 |
DOCKET TEXT ORDER GRANTING 952 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Daphne A. Oberg on 7/9/2020. No attached document. |
959 |
Motions No Longer Referred: 955 MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support |
DECLARATION of LaGrand Johnson re 947 Contempt Order, Terminate Motions filed by LaGrand Johnson. |
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DECLARATION of Randale Johnson re 947 Contempt Order, Terminate Motions filed by Randale Johnson. |
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DECLARATION of Glenda E. Johnson re 947 Contempt Order, Terminate Motions filed by Glenda Johnson. |
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MOTION to Discontinue Living Allowance to Gregory Shepard and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit 1 - Summary of Payments |
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Text of Proposed Order |
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NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re 947 Contempt Order, Terminate Motions |
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Exhibit a. Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 |
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MEMORANDUM DECISION AND ORDER taking under advisement 949 Motion to Withdraw as Counsel as to Rapower-3, International Automated Systems, and Neldon Johnson. Signed by Judge David Nuffer on 7/7/20 |
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MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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951 |
Motions No Longer Referred: 949 MOTION to Withdraw as Counsel |
NOTICE of Declaration by Neldon Johnson of Receipt of the Courts Civil Contemp Order Re: Neldon Johnson, Gleanda Johnson, Lagrand Johnson and Randal Johnson Dated July 6, 2020 by Neldon Johnson re 947 Contempt Order, Terminate Motions |
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Modification of Docket re 940 Response to Motion, 944 Reply Memorandum/Reply to Response to Motion. 939 Motion was filed with wrong filing party selected was re-filed correctly as 949 Motion. Related motion briefings 940 and 944 have been re-linked to the corrected motion entry. |
MOTION to Withdraw as Counsel and Memorandum in Support filed by Objectors Black Night Enterprises, NP Johnson Family Limited Partnership, Solstice Enterprises, Starlight Holdings, Defendants International Automated Systems, LTB1, RaPower-3, Respondents Solco I, XSun Energy. Motions referred to Daphne A. Oberg. Attorney Steven R. Paul added to party Black Night Enterprises(pty:obj), Attorney Steven R. Paul added to party NP Johnson Family Limited Partnership(pty:obj), Attorney Steven R. Paul added to party Solstice Enterprises(pty:obj), Attorney Steven R. Paul added to party Starlight Holdings(pty:obj) |
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Text of Proposed Order |
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ORDER that the $735,202.22 in XSun funds currently held by the Receiver pursuant to 844 Stipulation are and may be retained as Receivership Property; Nelson Snuffer Dahle and Poulsen, PC does not have a valid attorney's lien on any portion of funds. Signed by Judge David Nuffer on 7/6/20 |
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ORDER OF CONTEMPT against Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson, granting 754 MOTION for Sanctions (due to continued contempt). Signed by Judge David Nuffer on 7/6/20 |
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946 |
NOTICE OF DEFICIENCY re 939 MOTION to Withdraw as Counsel. The document was incorrectly e-filed with an "Interested Party" that the document doesn't identify as a party any atty is moving to withdraw from representing selected as the filer. Also, law firms are not added to cases as counsel for parties, only individual attorneys are added as counsel for a party. This means that when filing a motion to withdraw as counsel, the party/parties that an attorney wishes to withdraw from representing must be selected as the filing party/parties. |
945 |
DOCKET TEXT ORDER taking under advisement 876 Motion For Production of Bank and Retirement Account Records of LaGrand Johnson and Randale Johnson and for Additional Relief ("Motion for Production"). In deciding the Motion for Production, the court anticipates it may also consider documents presented in connection with 757 the Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson. Any objections to the court doing so may be filed by no later than July 17, 2020 Signed by Judge David Nuffer on July 6, 2020. No attached document. |
REPLY to Response to Motion re 939 MOTION to Withdraw as Counsel and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. |
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Exhibit IRS Tax Court Transcripts |
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Exhibit District Court Trial Transcripts |
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Sixth MOTION for Settlement and Memorandum in Support filed by Receiver Wayne Klein |
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Exhibit A |
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Text of Proposed Order |
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STATUS REPORT and Recommendation on Glenda Johnson's Non-Compliance With Order Requiring Release of Liens by Wayne Klein |
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Exhibit 1 - Cert. of Formation Anstram Energy |
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Exhibit 2 - Glenda Johnson Answer |
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Exhibit 3 - Olsen Tax Court Transcript |
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941 |
Motions No Longer Referred: 939 MOTION to Withdraw as Counsel and Memorandum in Support |
RESPONSE to Motion re 939 MOTION to Withdraw as Counsel and Memorandum in Support filed by Plaintiff USA. |
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MOTION to Withdraw as Counsel and Memorandum in Support filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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ORDER granting 927 Motion for Approval of Sixth Fee Application. Signed by Judge David Nuffer on 6/15/20 |
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DECLARATION of Glenda Johnson re 933 Order filed by Glenda Johnson. |
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Exhibit Copy of Transfer of Membership Interest |
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Affidavit Declaration of Roger Hamblin |
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Affidavit Declaration of Preston Olsen |
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ORDER granting 935 Motion for Extension of Time. Signed by Magistrate Judge Daphne A. Oberg on 6/10/20 |
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MOTION for Extension of Time to respond to Rule 60 motion and Memorandum in Support filed by Plaintiff USA. Motions referred to Daphne A. Oberg. |
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Text of Proposed Order |
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REQUEST to Submit for Decision re 927 MOTION for Approval of Sixth Fee Application filed by Receiver Wayne Klein. |
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ORDER re 923 Notice of Non-Compliance: Glenda Johnson must file a declaration by no later than 6/10/20. Signed by Judge David Nuffer on 6/3/20 |
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TRANSCRIPT – 872 – Contempt of Court hearing - 2/25/2020 |
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RESPONSE re 930 Objections, filed by Wayne Klein. |
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MOTION to Set Aside Judgment and Memorandum in Support filed by Defendants International Automated Systems, Neldon Johnson, LTB1, RaPower-3. |
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Exhibit IRS Tax Court Transcripts |
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Exhibit District Court Trial Transcripts |
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OBJECTIONS to 916 Order on Motion for Miscellaneous Relief,,,,,, filed by Glenda Johnson. |
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Exhibit to Objection to Proposed form of Order |
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RESPONSE re 925 Declaration, 920 Order,,(Glenda Johnson's Failure to Release Liens) filed by Wayne Klein. |
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928 |
Motions No Longer Referred: 927 MOTION for Approval of Sixth Fee Application and Memorandum in Support |
MOTION for Approval of Sixth Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Daphne A. Oberg. |
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Exhibit A - Time Summary |
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Exhibit B- Time Detail |
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Text of Proposed Order |
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926 |
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Referral Reassigned to Magistrate Judge Daphne A. Oberg. Magistrate Judge Evelyn J. Furse no longer assigned to the case. |
DECLARATION of Glenda Johnson re 923 Notice (Other) filed by Glenda Johnson. |
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924 |
Motions No Longer Referred: 922 MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over) |
NOTICE of Non-Compliance by Wayne Klein re 920 Order |
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Exhibit A - Motion to Dismiss |
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Exhibit B - Payson Property Information |
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MOTION to Appoint Expert Appraisers and Memorandum in Support (14 Real Properties to be Turned Over) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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Exhibit B - Qualifications |
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Exhibit C- Qualifications |
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Exhibit D- Qualifications |
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TRANSCRIPT – 856 – Contempt of Court hearing - 1/23/2020 |
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TRANSCRIPT – 855 – Contempt of Court hearing - 1/23/2020 |
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ORDER granting 894 Motion to Appoint Expert Appraisers for Elk Ridge, UT, Property. Signed by Judge David Nuffer on 5/5/20 |
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ORDER re 888 Affidavit of Non-Compliance against Glenda Johnson: If Glenda Johnson fails to dismiss the West Wings Lawsuit with prejudice or fails to release the 3 liens as ordered, a bench warrant shall be issued for her arrest. Signed by Judge David Nuffer on 5/5/20 |
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REQUEST to Submit for Decision re 888 Affidavit, of Non-Compliance against Glenda Johnson filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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STATUS REPORT Receiver's Sixth Quarterly Status Report by Wayne Klein. |
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Exhibit 1 Real Property Status |
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NOTICE of of email submission of final draft opinion and order re United States' motion for additional sanctions by USA re 754 MOTION for Sanctions (due to continued contempt) |
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Text of Proposed Order Email submitting attached final draft opinion and order on United States' motion for additional sanction |
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916 |
DOCKET TEXT ORDER taking under advisement - 757 Receiver's Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson ("Motion for Turnover") - 805 Motion to Strike New Evidence and Argument in Reply Memorandum - 890 Objection to Receiver's Authentication of Exhibits in Support of His Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson The court has reviewed the memoranda and materials submitted by the parties in connection with the foregoing motions and objection and is ready to rule on them. The Receiver's counsel shall prepare a proposed order with detailed findings and conclusions (1) granting the 757 Motion for Turnover; (2) denying the 805 Motion to Strike; and (3) overruling the 890 Objection (for the reasons stated in the Receiver's memoranda, which shall be stated in the order). The proposed order should comply with the instructions at http://www.utd.uscourts.gov/judges/nuffer.html . The order shall be prepared on or before May 15, 2020, and shall be provided to opposing counsel for review within seven days. After the order is reviewed, drafting counsel shall email a Microsoft Word version to dj.nuffer@utd.uscourts.gov. Signed by Judge David Nuffer on April 23, 2020. No attached document. |
NOTICE of Sale Results Howard County, Texas Property by Wayne Klein re 867 Order on Motion for Miscellaneous Relief |
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Exhibit Publication Affidavit |
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NOTICE OF FILING of Declaration of Compliance by Neldon Johnson re 893 Order filed by Defendant Neldon Johnson. |
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Exhibit 1. Declaration of Compliance of Neldon Johnson |
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FILED AGAIN AS 914 NOTICE W/EXHIBIT |
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NOTICE OF FILING of Declaration in Compliance re 893 Order to Turnover Vehicles filed by Respondent Glenda Johnson. |
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STATUS REPORT and Recommendation re Civil Contempt of Pacific Stock Transfer Company by Wayne Klein. |
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Exhibit A - Proof of Service |
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Exhibit B - Receiver's Declaration |
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Exhibit C - Email from PSTC |
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Exhibit D - Email from Receiver |
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Exhibit E - Email from Receiver |
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OBJECTIONS to 899 Notice (Other), filed by Glenda Johnson, LaGrand Johnson, Randale Johnson. |
|
Supplement red-line edits to proposed form of order |
|
ORDER granting 898 Fifth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 4/15/20 |
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REQUEST to Submit for Decision re 898 Fifth MOTION for Settlement, 894 MOTION to Appoint Expert Appraisers (Elk Ridge, UT Property) filed by Receiver Wayne Klein. |
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ORDER granting 906 Motion for Extension of Time to File Response to Draft of Civil Contempt Order. Signed by Magistrate Judge Evelyn J. Furse on 4/10/20 |
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Stipulated MOTION for Extension of Time to File Response/Reply as to 884 Order on Motion for Extension of Time and Memorandum in Support filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. Motions referred to Evelyn J. Furse.( |
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905 |
NOTICE OF DEFICIENCY re 904 Notice of Filing. The document is not signed. The clerk requests the filer of the original document to refile a singed version of the document, preferably styled as a Motion for Extension of Time per the limitations set re 'stipulations' in DUCivR 83-6. The new pleading will receive a new document number on the docket. |
NOTICE OF FILING of Notice of Stipulated Extension to Deadlines to Respond to Draft of Civil Contempt Order re 884 Order on Motion for Extension of Time filed by Respondents Glenda Johnson, LaGrand Johnson, Randale Johnson. |
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NOTICE OF FILING of Declaration in Compliance re 893 Order filed by Respondent Glenda Johnson. |
|
Supplement Affidavit Transferring Title |
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NOTICE OF FILING re 893 Order filed by Defendant Neldon Johnson. |
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Affidavit Declaration of Neldon Johnson Regarding Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson |
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Exhibit 1 - Vehicle List with Locations, Drivability, Towability, Title and Notes |
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Exhibit 2 - Declaration of Neldon Johnson Transferring Title in Vehicles |
|
Exhibit 3 - Photographs of Vehicles |
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REQUEST to Submit for Decision re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. |
MEMORANDUM in Opposition re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Respondents LaGrand Johnson, Randale Johnson. |
|
NOTICE of email submission of draft opinion and order re United States' motion for additional sanctions by USA re 754 MOTION for Sanctions (due to continued contempt), 863 Show Cause Hearing, |
|
Email submitting attached draft opinion and order on United States' motion for additional sanction |
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Fifth MOTION for Settlement and Memorandum in Support of Receiver's Fifth Motion for Approval to Consummate Settlements filed by Receiver Wayne Klein. (Attachments: # 1)(Balls, Jeffery) (Entered: 03/30/2020) |
|
Text of Proposed Order |
|
897 |
Motions No Longer Referred: 894 MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property) |
ORDER granting 873 Fourth Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 3/30/20 |
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ORDER granting 868 Motion for Approval of Receiver's Fifth Interim Fee Application. Signed by Judge David Nuffer on 3/30/20 |
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MOTION to Appoint Expert Appraisers and Memorandum in Support (Elk Ridge, UT Property) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
|
Text of Proposed Order |
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Exhibit B - Qualifications |
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ORDER Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson. Signed by Judge David Nuffer on 3/27/20 |
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Exhibit 1 |
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Exhibit 2 |
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REQUEST to Submit for Decision re 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. |
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REQUEST to Submit for Decision re 812 Declaration, 873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. |
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OBJECTIONS to 883 Response (NOT to motion) filed by Glenda Johnson. |
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RESPONSE re 812 Declaration, 859 Objections, Receiver's Affidavit of Non-Compliance Against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein. |
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AFFIDAVIT of Wayne Klein Ex-Parte Declaration of Non-Compliance against Glenda Johnson filed by Wayne Klein. |
|
Exhibit A - Millard County Liens |
|
Exhibit B - Complaint Johnson v. Wings West LC |
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Exhibit C - Payson Lien |
|
Exhibit D - Howard County Texas Lien |
|
REQUEST to Submit for Decision re 868 MOTION for Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. |
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886 |
DOCKET TEXT ORDER GRANTING 885 Motion for Extension of Time to File Response/Reply. Response due 3/23/20. Signed by Magistrate Judge Evelyn J. Furse on 3/19/2020. No attached document. |
Stipulated MOTION for Extension of Time to File Response/Reply as to 859 Objections to Affidavit of Non-Compliance filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
|
Text of Proposed Orde |
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ORDER granting 882 Motion for Extension of Time to File Draft Proposed Findings and Conclusions re Civil Contempt. Signed by Magistrate Judge Evelyn J. Furse on 3/17/20 |
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RESPONSE re 866 Order,,Authentication of Exhibits filed by Wayne Klein. |
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Exhibit 1 |
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Consent MOTION for Extension of Time deadline to circulate and file draft proposed findings and conclusions and Memorandum in Support filed by Plaintiff USA. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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OBJECTIONS to 877 Notice (Other) filed by Glenda Johnson. |
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OBJECTIONS to 877 Notice (Other) filed by Neldon Johnson. |
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EXHIBITS filed by Wayne Klein re 877 Notice |
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878 |
Motions No Longer Referred: 876 MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson |
NOTICE of Filing Order Requiring Turnover to Receiver of All Vehicles Titled in the Name of Receivership Defendants or Glenda Johnson by Wayne Klein |
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Text of Proposed Order |
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MOTION to Produce bank and retirement account records of LaGrand Johnson and Randale Johnson and Memorandum in Support and for additional relief filed by Plaintiff USA. Motions referred to Evelyn J. Furse. |
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# 1 Exhibit Pl. Ex. 945 (excerpts), Composite Exhibit bank records in support of the summary chart at Pl. Exs. 942-944.pdf |
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# 2 Exhibit R. Ex. 2102, Transfers to insiders after key court dates |
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# 3 Exhibit R. Ex. 2172, Nov. 1, 2018 Account statement for Glenda Johnson savings account (#2790) at Peoples Intermountain Bank |
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# 4 Exhibit R. Ex. 2173, Oct. 24, 2018 account statement for Glenda Johnson checking account (#1808) at Peoples Intermountain Bank |
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# 5 Text of Proposed Order |
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875 |
** Missing Document ** |
874 |
Motions No Longer Referred: 873 Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support |
Fourth MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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# 1 Text of Proposed Order |
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872 |
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Sanctions held on February 25, 2020, before Judge David Nuffer, re 472 Notice of Appeal, 698 Notice of Appeal, 445 Notice of Appeal - Interlocutory. Court Reporter/Transcriber Kelly Brown Hicken, Telephone number 801-521-7238. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020 |
ORDER granting 870 Motion for Extension of Time: Receiver's response to 870 Objection is due on 3/18/20. Signed by Magistrate Judge Evelyn J. Furse on 3/4/20 |
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Stipulated MOTION for Extension of Time for Receiver's Response to Objection to Affidavit of Non-Compliance filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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869 |
** Missing Document ** |
MOTION for Fifth Interim Fee Application and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Exhibit A |
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Exhibit B |
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Text of Proposed Order |
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ORDER granting 857 Motion to Approve Sale of TX Property. Signed by Magistrate Judge Evelyn J. Furse on 3/2/20 |
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ORDER re 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson: authentication of certain exhibits requested. Signed by Judge David Nuffer on 3/2/20 |
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865 |
** Missing Document ** |
Witness and Exhibit List.(ksm) |
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863 |
Minute Entry for proceedings held before Judge David Nuffer: Show Cause Hearing re 754 MOTION for Sanctions and Memorandum in Support (due to continued contempt) held on 2/25/2020. Counsel for all parties present. Exhibits received and witnesses presented. The court sets the following schedule. Draft order due from govt. by March 17, 2020. Response due by defendants by March 27, 2020. Final order due to the court by April 5, 2020. Attorney for Plaintiff: Erin Healy Gallager, Michael Lehr for receiver Wayne Klein, Attorney for Defendant: Ed Wall for Neldon Johnson, and Steven Paul for Glenda Johnson and Randale Johnson.Court Reporter: electronic/Kelly Hicken.(Time Start: 9:00:53 am, Time End: 2:27:16 pm, Room 7.200.) |
RESPONSE re 858 Order, filed by USA. |
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Appendix to United States' Statement of Issues for February 25, 2020 Contempt Hearing |
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RESPONSE re 858 Order,on behalf of Glenda Johnson, LaGrand Johnson and Randale Johnson to the Government's Statement of Issues for February 25, 2020 Hearing filed by Glenda Johnson, LaGrand Johnson, Randale Johnson. |
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RESPONSE re 858 Order,Neldon Johnson's Position As to The United States' Statement of Issues For January 25, 2020 Contempt Hearing filed by Neldon Johnson. |
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OBJECTIONS to 812 Declaration (Receiver's Affidavit of Non-Compliance) filed by Nelson Snuffer Dahle Poulsen PC. |
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Exhibit A - Declaration of Denver Snuffer |
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ORDER re: Issues for 2/25/20 Evidentiary Hearing. Signed by Judge David Nuffer on 2/19/20 |
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MOTION for Order Approving (1) Public Sale of Property, (2) Method and Form of Publication Notice, and (3) Public Auction Procedures and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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#1 Text of Proposed Order |
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#2 Exhibit Ex. B Appraisal |
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856 |
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume II held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Phoebe Moorhead, Telephone number (480)265-0404. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. |
855 |
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Examination Under Oath - Volume I held on 01/23/2020 before Judge Paul Kohler. Court Reporter/Transcriber Rebecca Janke, Telephone number (801)521-7238. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. |
ORDER granting 829 Motion to Appoint Expert Appraisers for Texas Property of N.P. Johnson Family Limited Partnership. Signed by Judge David Nuffer on 2/3/20 |
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ORDER granting 827 Third Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 2/3/20 |
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STATUS REPORT Receiver's Fifth Quarterly Status Report by Wayne Klein. |
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Exhibit Property List |
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851 |
4th AMENDED NOTICE OF HEARING ON MOTION - Examination Under Oath re: 754 MOTION for Sanctions (due to continued contempt) : Motion Hearing reset for Tuesday, 2/25/2020 at 09:00 AM in Rm 7.200 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. |
850 |
Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Preliminary Hearing held on 1/23/2020. Government calls witnesses Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson. Witnesses/Respondents Randale Johnson, LaGrand Johnson, Glenda Johnson, and Neldon Johnson sworn and testified. Court delays formal admission of exhibits until the next court proceeding, which is set for Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court continues 754 MOTION for Sanctions Hearing that was set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer until Tuesday, 2/25/2020 at 9:00 AM before Judge David Nuffer. Court to send out notice. Attorney for Plaintiff: Erin Healy Gallagher. Receiver Wayne Klein Present; Attorney Michael S. Lehr Present, Attorneys for Defendant: Daniel B. Garriott, Steven Paul, Edwin Wall. Court Reporter: Electronic.(Time Start: 9:07:01, Time End: 5:01:03, Room 8.100.) |
ORDER denying 837 Motion to Continue Contempt Hearing. Signed by Judge David Nuffer on 1/22/2 |
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848 |
ORDER REFERRING MOTION 754 MOTION for Sanctions (due to continued contempt) filed by USA Motions referred to Paul Kohler. Signed by Judge David Nuffer on 1/22/2020. |
ORDER granting 845 Motion re Retainer Funds Held in NSDP's Client Trust Account; denying as moot NSDP's 820 Motion to Intervene. Signed by Judge David Nuffer on 1/21/20 |
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ORDER granting 823 Motion for Approval of Receiver's Fourth Interim Fee Application. Signed by Judge David Nuffer on 1/21/20 |
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Stipulated MOTION Re: Retainer Funds in NSDP's Client Trust Account filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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STIPULATION Regarding Retainer Funds Held in NSDP's Client Trust Account by Nelson Snuffer Dahle Poulsen PC. |
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Text of Proposed Order |
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NOTICE of filing declarations for use at hearings on motion for additional contempt sanctions by USA |
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Exhibit Pl. Ex. 960, Declaration of James Bennett |
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Exhibit Pl. Ex. 961, Declaration of Gordon Jacobsen |
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REQUEST to Submit for Decision re 827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support , 829 MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein. |
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841 |
DOCKET TEXT ORDER taking under advisement 837 Motion to Continue Contempt Hearing. On the basis of the instant District Court's previously-set contempt hearing, Neldon Johnson must move to quash the Tax Court subpoena. Additionally, by no later than noon on Tuesday, January 21, 2020, (1) any reply in support of the 837 motion must be filed and must include a copy of the motion to quash, and (2) Johnson must provide (A) the date of service (or proof of service) of the Tax Court subpoena, (B) the names of all counsel in the Tax Court case, and (C) contact information for the Tax Court staff and judge. Signed by Judge David Nuffer on January 17, 2020. No attached document. |
MEMORANDUM in Opposition re 837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Plaintiff USA. |
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839 |
3rd AMENDED NOTICE OF HEARING - Examination Under Oath : Preliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 8.100 before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. This amended notice is to amend the courtroom number for 1/23/2020 hearing. |
838 |
Motions No Longer Referred: 837 MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support |
MOTION to Continue Contempt Hearing Scheduled January 23-24, 2020 and Memorandum in Support filed by Defendant Neldon Johnson. Motions referred to Evelyn J. Furse. |
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Exhibit 1. Subpoena of United States Tax Court for Neldon Johnson |
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Exhibit 2. Text of Proposed Order |
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STATUS REPORT as to as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing per ECF No. 828 by USA. |
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835 |
DOCKET TEXT ORDER GRANTING 833 Motion for Extension of Time to File Response/Reply re 820 Motion to Intervene. Reply due by 1/17/2020. Signed by Magistrate Judge Evelyn J. Furse on 1/13/2020. No attached document. |
REQUEST to Submit for Decision re 823 MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein. |
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Stipulated MOTION for Extension of Time , MOTION for Extension of Time to File Response/Reply as to 820 MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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ORDER granting 814 Second Motion for Approval to Consummate Settlements. Signed by Judge David Nuffer on 1/8/20 |
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2nd AMENDED NOTICE OF HEARING - Examination Under Oath Preliminary Hearing set for Thursday, 1/23/2020 at 09:00 AM in Rm 7.300 before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing set for Friday, 1/24/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer. See order 803 entered 11/25/2019 for instructions/details. This amended notice is to add the courtroom number. |
REQUEST to Submit for Decision re 814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support , 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. |
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830 |
Motions No Longer Referred: 827 Third MOTION for Approval to Consummate Settlements and Memorandum in Support; 829 MOTION to Appoint Expert Appraiser and Memorandum in Support |
MOTION to Appoint Expert Appraiser and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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# 1 Text of Proposed Order Ex. A |
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# 2 Exhibit Ex. B Appraiser Qualifications |
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MEMORANDUM DECISION AND ORDER (1) Denying 808 NSDP Motion to Retain Records; (2) Requiring Neldon Johnson to Deliver Boxes 15-27 to the Receiver; and (3) Requiring Plaintiff to File Status Report as to Assets, Documents, and Information Produced and as to Issues Remaining for Show-Cause Hearing. Signed by Judge David Nuffer on 12/28/19. |
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Third MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. |
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# 1 Text of Proposed Order |
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MEMORANDUM in Opposition re 820 MOTION to Intervene filed by Receiver Wayne Klein |
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825 |
Motions No Longer Referred: 823 MOTION for Fourth Interim Fee Application |
REPLY to Response to Motion re 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Attorney Daniel B. Garriott added to party Nelson Snuffer Dahle Poulsen PC |
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MOTION for Fourth Interim Fee Application filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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# 1 Exhibit Time Summary |
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# 2 Exhibit Time Detail |
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# 3 Exhibit Expense Reimbursement |
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# 4 Text of Proposed Order |
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REPLY to Response to Motion re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Receiver Wayne Klein. |
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821 |
Motions No Longer Referred: 820 MOTION to Intervene |
MOTION to Intervene filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse. |
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NOTICE of Appearance by Jeremy R. Speckhals on behalf of Nelson Snuffer Dahle Poulsen PC |
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NOTICE of Appearance by Michael F. Skolnick on behalf of Nelson Snuffer Dahle Poulsen PC |
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MEMORANDUM in Opposition re 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Receiver Wayne Klein. |
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Exhibit A - Documents Summary |
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NOTICE of Appearance by Jeffery A. Balls on behalf of Wayne Klein |
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815 |
Motions No Longer Referred: 814 Second MOTION for Approval to Consummate Settlements and Memorandum in Support |
Second MOTION for Approval to Consummate Settlements and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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MEMORANDUM in Opposition re 805 MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Receiver Wayne Klein. |
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DECLARATION of Wayne Klein Ex-Parte Declaration of Non-Compliance against Nelson Snuffer Dahle & Poulsen filed by Wayne Klein. |
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AMENDED NOTICE OF HEARING - Examination Under Oath Preliminary Hearing reset for Thursday, 1/23/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. 754 MOTION for Sanctions Hearing reset for Friday, 1/24/2020 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (moved from 12/12-13/2019) See order 803 entered 11/25/2019 for instructions/details. An amended notice of hearing will be docketed once a courtroom number has been determined. |
DOCUMENTS LODGED consisting of 120419 email string re continuance of 121219 and 121319 hearings. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. |
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DECLARATION of Neldon P. Johnson Regarding Source of Funds for Filings filed by Neldon Johnson. |
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809 |
Motions No Longer Referred: 808 MOTION and Memorandum in Support to Retain Records (Boxes 15-27) |
MOTION and Memorandum in Support to Retain Records (Boxes 15-27) filed by Interested Party Nelson Snuffer Dahle Poulsen PC. Motions referred to Evelyn J. Furse. Attorney Steven R. Paul added to party Nelson Snuffer Dahle Poulsen PC(pty:ip) |
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Exhibit Index of Boxes N. Johnson gave to Receiver |
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STIPULATION re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies extending time to reply by Wayne Klein. |
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Motions No Longer Referred: 805 MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion and Memorandum in Support |
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MOTION to Strike 802 Reply Memorandum/Reply to Response to Motion,, and Memorandum in Support filed by Respondent Glenda Johnson. Motions referred to Evelyn J. Furse. |
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NOTICE OF HEARING FOR DECEMBER 12 and 13, 2019: Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson set for Thursday, 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. Motion for Sanctions 754 Hearing set for Friday, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. |
AMENDED NOTICE OF HEARING ON MOTION re: 754 MOTION for Sanctions (due to continued contempt) : Motion Hearing set for Fridya, 12/13/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Judge David Nuffer. (amended to correct that Judge Nuffer will conduct the hearing) |
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ORDER setting Evidentiary/Motion Hearing re 754 MOTION for Sanctions (due to continued contempt) for 12/13/2019 at 09:00 AM in Rm 7.200 before Judge David Nuffer. Preliminary Hearing as to Neldon Johnson, Glenda Johnson, LaGrand Johnson, and Randale Johnson is set for 12/12/2019 at 09:00 AM in Rm 1.100 (Clerk's Office) before Magistrate Judge Paul Kohler. Signed by Judge David Nuffer on 11/25/19 |
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REPLY to Response to Motion re 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. |
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Appendix Evidence Rebutting Claims Made in Opposition |
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Ex. A Glenda Johnson Deposition Transcript |
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Ex. B Zions Bank Declaration |
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Ex. C Bank of American Fork Declaration |
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Ex. D Millard County Credit Union Declaration |
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Ex. E Wells Fargo Bank Declaration |
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Ex. F Declaration of Receiver |
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ORDER denying as moot 789 Motion to Reassign Case per DUCivR 83-2(g). Signed by Judge David Nuffer |
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800 |
CLERK'S NOTICE OF ERROR re 789 Third MOTION to Reassign Case per DUCivR 83-2(g). Description of error: Filer use the "Miscellaneous Relief" motion relief instead of "Reassign Case". The entry has been adjusted by correcting the motion relief. Filers are reminded to use the "Miscellaneous Relief" motion relief only if there is not an existing motion relief that state the relief being sought. |
ORDER granting 766 Motion for Approval to Consummate Settlements or, in the Alternative, to Authorize Receiver to Approve Settlement without Court Review. Signed by Judge David Nuffer on 11/19/19 |
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798 |
CLERK'S NOTICE OF ERRORS re 780 MOTION for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies, 757 MOTION for Order Directing Turnover and Transfer of Real Properties Titled in the Name of and Funds in Accounts Controlled by Glenda Johnson. Description of error: Motions were filed as Motions for Summary Judgment, however neither is for entry of final judgment as to the complaint. The entry has been adjusted by correcting both motion relief to Miscellaneous Relief and correcting the entry text to state the actual reliefs sought. All related filings have also had their entry text corrected. |
MEMORANDUM in Opposition re 780 MOTION for Summary Judgment and Memorandum in Support of Receiver's Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies filed by Defendant R. Gregory Shepard. |
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# 1 Affidavit Declaration of Diana C. Shepard |
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# 2 Affidavit Declaration of R. Gregory Shepard) |
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STIPULATION re 757 MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson extending time to reply by Wayne Klein. |
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REQUEST to Submit for Decision re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. |
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STATUS REPORT Receiver's Fourth Quarterly Status Report by Wayne Klein. |
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Exhibit 1 - Property List |
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STIPULATION re 780 MOTION for Summary Judgment and Memorandum in Support of Receiver's Motion for Order Finding a Beneficial Interest in Certain Real Property was an Asset of R. Gregory Shepard and for Remedies for extension of time to answer motion to 11/18 by R. Gregory Shepard. |
|
792 |
DOCKET TEXT ORDER GRANTING 790 Motion for Extension of Time to File Response/Reply. Reply due 11/15/2019. Signed by Magistrate Judge Evelyn J. Furse on 10/21/201 |
791 |
Motions No Longer Referred: 789 Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support |
Stipulated MOTION for Extension of Time to File Response/Reply to Glenda Johnson's Response to the Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johnson filed by Receiver Wayne Klein. |
|
Text of Proposed Order |
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GENERAL ORDER assigning all current and future cases arising from or relating to United States vs RaPower-3, LLC et al, Case No. 2:15-cv-00828 to be directy assigned to Judge David Nuffer. Signed by Roger J. Shelby, Chief District Judge on 10/18/19 |
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Third MOTION to Reassign Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein. |
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Text of Proposed Order |
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ORDER granting 763 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/15/19 |
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ORDER granting 736 Motion to Reassign Related Cases. Signed by Judge David Nuffer on 10/17/19 |
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ORDER granting 746 Motion to Approve Third Interim Fee Application for Receiver and Receiver's Professionals for Services Rendered from April 1, 2019 Through June 30, 2019. Signed by Judge David Nuffer on 10/15/2019. |
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ORDER granting 773 Motion to Appoint Counsel: Appointed David C. Castleberry appointed as Conflicts Counsel for Receiver Wayne Klein. Signed by Judge David Nuffer on 10/11/19 |
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MEMORANDUM in Opposition re 757 MOTION for Summary Judgment and Memorandum in Support of Motion for Order Directing Turnover and Transfer of Real Properties Titled in the Name of Glenda Johnson and Funds in Accounts Controlled by Glenda Johson filed by Respondent Glenda Johnson. |
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Affidavit Of Glenda Johnson in Support of Opposition to Receiver's Motion |
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ORDER granting 761 Motion to Reappoint R. Wayne Klein as Receiver. Signed by Judge David Nuffer on 10/9/19 |
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REPLY to Response to Motion re 763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support filed by Receiver Wayne Klein. |
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APPENDIX to 780 MOTION for Summary Judgment |
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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. |
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Letter from Diana Shepard to Receiver, July 2, 2019 - Diana Shepard |
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Declaration of Diana Shepard - Diana Shepard |
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Quit-Claim from Greg Shepard to Diana Shepard, September 15, 1998 - Salt Lake County Recorder |
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Quit-Claim Deed from Diana Shepard to Diana C. Shepard Revocable Trust, September 15, 1998 - Salt Lake County Recorder |
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Trust Agreement for the Diana C. Shepard Revocable Trust - Greg and Diana Shepard |
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Revolving Credit Deed of Trust, May 23, 2007 - Salt Lake County Recorder |
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Warranty Deed from Diana C. Shepard Revocable Trust to Greg Shepard and Diana Shepard, March 21, 2007 - Salt Lake County Recorder |
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Deed of Trust, March 17, 2007 - Salt Lake County Recorder |
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Warranty Deed from Greg Shepard and Diana Shepard to Diana C. Shepard Revocable Trust - Salt Lake County Recorder |
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Greg Shepard Email to Receiver, May 23, 2019 - Greg Shepard |
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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. |
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NOTICE of Sale Results (320-Acre Millard County Property Parcel No. HD-4612) by Wayne Klein |
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Exhibit A - Publication Notice |
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NOTICE of Sale Results (120-Acre Millard County Property Parcel No. HD-4609) by Wayne Klein |
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Exhibit A - Publication Notice |
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NOTICE of Sale Results (80-Acre Millard County Property Parcel No. HD-4657) by Wayne Klein |
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Exhibit A - Publication Notice |
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NOTICE of Sale Results (40-Acre Millard County Property Parcel No. HD-4654) by Wayne Klein |
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Exhibit A - Publication Notice) |
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774 |
Motions No Longer Referred: 773 MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel |
MOTION to Appoint Counsel and Memorandum in Support re Conflicts Counsel filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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REPLY to Response to Motion re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. |
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Affidavit Declaration of R. Wayne Klein in Support of United States' Motion for Additional Sanctions |
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Exhibit Pl. Ex. 958, Email from Wayne Klein re RaPower/Johnson Vehicles |
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Exhibit Pl. Ex. 959, Email from Wayne Klein re Glenda Johnson |
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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. |
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REQUEST to Submit for Decision re 761 MOTION Reappointment of Receiver and Memorandum in Support filed by Receiver Wayne Klein. |
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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. |
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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. |
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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 |
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. |
|
Text of Proposed Order |
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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. |
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764 |
Motions No Longer Referred: 763 Second MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) and Memorandum in Support |
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. |
|
Text of Proposed Order |
|
762 |
Motions No Longer Referred: 761 MOTION Reappointment of Receiver and Memorandum in Support |
TRANSCRIPT – 694 – Contempt of Court hearing - 5/28/2019 |
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TRANSCRIPT – 692 – Contempt of Court hearing - 5/28/2019 |
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MOTION Reappointment of Receiver and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
|
Text of Proposed Order |
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RESPONSE to Motion re 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Defendant Neldon Johnson. |
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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. |
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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 . |
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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. |
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RaPower-3 Savings Account Statement, Dec. 2011 |
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RaPower-3 Checking Account Statement, Jan 2012 |
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RaPower-3 Account Statement |
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RaPower-3 Account Statement, Jan. 2013 |
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Glenda Johnson Account Statement, Feb. 2013 |
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Cashier’s Check to Glenda Johnson, May 31, 2013 |
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Cobblestone Check, Aug. 4, 2014 |
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RaPower-3 Account Statement, Nov. 2014 |
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Cobblestone Check, Oct. 15, 2014 |
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RaPower-3 Account Statement March 2015 |
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RaPower-3 Account Statement, June 2018 |
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REQUEST to Submit for Decision re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. |
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755 |
Motions No Longer Referred: 754 MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) |
MOTION for Sanctions and Memorandum in Support (additional sanctions due to continued contempt) filed by Plaintiff USA. Motions referred to Evelyn J. Furse. |
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REPLY to Response to Motion re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. |
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TRANSCRIPT – 663 – Contempt of Court hearing - 5/3/2019 |
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TRANSCRIPT – 640 – Contempt of Court hearing - 4/26/2019 |
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TRANSCRIPT – 421 – Closing Arguments - 6/21/2018 |
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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. |
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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). |
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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. |
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MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff USA. |
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Text of Proposed Order |
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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 |
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) |
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Exhibit 6-19-02 ltr to J McGrath |
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Exhibit McGrath email 10-12-02 |
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Exhibit Alpine Securities 2012 1099 |
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Exhibit 3-15-19 ltr to W Klein |
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Exhibit McGrath email 10-23-02 |
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Exhibit Pacific Stock Transfer IAS Shareholder & Certificate Detail |
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Exhibit 10-10-03 ltr to Smith Barney |
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Exhibit IAS Certificate No 5803 |
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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. |
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Exhibit A - Time Summary |
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Exhibit B - Time Detail |
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Exhibit C - Expense Reimbursement |
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Exhibit D - Text of Proposed Order |
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MEMORANDUM in Opposition re 736 MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Respondents LaGrand Johnson, Randale Johnson. |
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Exhibit Table Comparing Lawsuits |
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Exhibit List of Transactions invovling Randale and LaGrand Johnson |
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Exhibit Court Information Regarding Judge Nuffer's Move to St. George |
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NOTICE of Sale Results, San Bernardino by Wayne Klein re 668 Order on Motion for Miscellaneous Relief |
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Affidavit Publication Affidavit |
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NOTICE of Sale Results HD-4658-1 by Wayne Klein re 689 Order on Motion for Miscellaneous Relief |
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Affidavit Publication Affidavit |
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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. |
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. |
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Exhibit A - Sale Order |
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Exhibit B - Appraisal |
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Exhibit C - Auction Procedures |
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MOTION for Leave to File Sealed Document filed by Defendant Neldon Johnson. |
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Text of Proposed Order |
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DECLARATION of Neldon Johnson filed by Neldon Johnson. |
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Exhibit A - Amended License Agreements |
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Exhibit A - Assets at Delta Utah Facility |
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Exhibit A - Assets at Delta Utah Facility 1 |
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Exhibit B (01) - Real Property in the Name of Glenda Johnson, |
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Exhibit B (01) - Real Property in the Name of Glenda Johnson 1 |
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Exhibit B (02) Real Property Owned by Defendants.Entites |
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Exhibit B (02) Real Property Owned by Defendants.Entites 1 . |
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Exhibit C (01) - List of Patents |
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Exhibit C (01) - List of Patents |
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Exhibit C (01) - List of Patents |
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Exhibit C (02) List of Patents - Located in Boxes 1 |
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Exhibit D - Patents assigned by Black Night Enterprises (1) |
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Exhibit D - Patents assigned by Black Night Enterprises (1) 1 |
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Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1) |
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Exhibit E - Patents assigned by N.P. Johnson Family Limited Partnership (1) |
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Exhibit F - Bank Accounts owned by Receiver Defendants (1) |
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Exhibit F - Bank Accounts owned by Receiver Defendants (1) 1 |
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Exhibit G- Shares as per IAS Minutes (1) |
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Exhibit G- Shares as per IAS Minutes (1) 1 |
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Exhibit H 01 - Final Letter to court |
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Exhibit H 02 - Company Information 10-31-18 |
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Exhibit H 03 - IAUS- TransJrl |
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Exhibit H 04 - Shareholder List Active ONLY Holders |
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Exhibit H 05 - Shareholder List Active-Inactive Holders |
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Exhibit I - Bank Account Transactions over $1000 8-2-19 REDACTED |
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Exhibit J |
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Exhibit K - Inventory of Docs at NSDP |
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Exhibit L - Boxes and Documents at Nelson Snuffer Dahle) |
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737 |
Motions No Longer Referred |
MOTION Transfer Related Cases Pursuant to DUCivR 83-2(g) filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Text of Proposed Order |
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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. |
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Sale Order |
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Appraisal |
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Auction Procedures |
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ORDER of USCA 10th Circuit as to 626 Notice of Appeal: petition for rehearing is denied (alt) (Entered: 07/31/2019) |
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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, |
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July 26, 2019 email from Erin Healy Gallagher with attached word-processing redline of draft declaration of Neldon Johnson |
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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 |
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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 |
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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 |
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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. |
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Text of Proposed Order |
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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. |
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. |
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CERTIFICATE OF SERVICE by Neldon Johnson Draft Declaration of Neldon Johnson |
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ORDER granting 706 Motion for Extension of Time for Production of Neldon Johnson's Declarations. Signed by Judge David Nuffer on 7/19/19 |
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STATUS REPORT - Receiver's Third Quarterly Status Report by Wayne Klein. |
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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 |
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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 |
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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) |
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 |
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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 |
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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 |
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RESPONSE to Motion re 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Plaintiff USA. |
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Exhibit Pl. Ex. 958, email correspondence from E. Wall to E. Healy Gallagher et al.) |
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DECLARATION of Randale Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Randale Johnson. |
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DECLARATION of LaGrand Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by LaGrand Johnson. |
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DECLARATION of Glenda Johnson dated July 8, 2019, in Compliance with ECF 491 and ECF 636 filed by Glenda Johnson. |
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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. |
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Exhibit A - Sale Order |
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Exhibit B - Appraisal |
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Exhibit C - Auction Procedures |
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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. |
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Exhibit A - Sale Order |
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Exhibit B - Appraisal |
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Exhibit C - Auction Procedures |
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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) |
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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) |
MOTION for Attorney Fees and Memorandum in Support filed by Receiver Wayne Klein. Motions referred to Evelyn J. Furse. |
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Declaration of Michael S. Lehr |
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Declaration of Wayne Klein |
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Text of Proposed Order |
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RESPONSE to Motion re 706 MOTION for Extension of Time for Production of Declaration Of Neldon Johnson filed by Respondent Glenda Johnson. |
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MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff USA. |
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Declaration of Erin Healy Gallagher |
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Exhibit Pl. Ex. 957, Summary of US attorneys' fees and costs |
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Text of Proposed Order |
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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. |
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Text of Proposed Order |
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NOTICE of email submission with redline drafts regarding civil contempt order by USA re 704 Declaration, 703 Declaration, 701 Contempt Order,,, Terminate Motions |
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June 28, 2019 email from Erin Healy Gallagher with comments and attached word-processing redline drafts |
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DECLARATION of Randale Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by Randale Johnson. |
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DECLARATION of LaGrand Johnson (DRAFT) Relating to Compliance Verification of ECF 491 filed by LaGrand Johnson. |
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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 |
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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 |
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. |
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Transmission of Preliminary Record to USCA re 698 Notice of Appeal |
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Appendix |
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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. |
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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 |
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Text of Proposed Order |
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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. |
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Exhibit USPTO Documents |
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Exhibit Patent License Agreement |
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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 da |