[PROPOSED] ORDER APPOINTING RECEIVER, FREEZING ASSETS AND OTHER RELIEF BRUCE S. JENKINS, District Judge. ORDER APPOINTING RECEIVER WHEREAS this matter has come before this Court upon motion of the Plaintiff U.S. Securities and Exchange Commission ("SEC", "Commission" or "Plaintiff") to appoint a receiver in the above-captioned action; and, WHEREAS the Court finds that, based on the record in these proceedings, the appointment of a receiver in this action is necessary and appropriate for...
MEMORANDUM DECISION AND ORDER ON PENDING MOTIONS TED STEWART, District Judge. This matter is before the Court on Defendants Scott Parry, M.D.; Robert Cope, M.D.; Sharon Richens, M.D.; and John Miller, M.D.'s (the "Physician Defendants") Motion to Stay 1 and Motion to Dismiss. 2 Also before the Court is Defendant Dan Nielson's ("Defendant Nielson") Motion to Stay 3 and Motion to Dismiss for Failure to State a Claim and (in the alternative) Motion to Dismiss for Lack of Jurisdiction. 4 For...
MEMORANDUM DECISION AND ORDER DENYING SUMMARY JUDGMENT TED STEWART, District Judge. This matter is before the Court on Defendant DoubleTap Ammunition, Inc.'s ("Doubletap") Motion for Summary Judgment. Also before the Court is Plaintiff Hornady Manufacturing's ("Hornady") Alternative Rule 56(d) Motion for Stay Pending Discovery. I. BACKGROUND Both Doubletap and Hornady sell high-end ammunition for various types of firearms. In 1997, Hornady began using the TAP trademark in connection with...
MEMORANDUM DECISION AND ORDER REVERSING BANKRUPTCY JUDGE AND REMANDING FOR FURTHER PROCEEDINGS TED STEWART, District Judge. This matter is before the Court on Debtor Fred Cranmer's ("Appellant") appeal of a final order of dismissal entered on January 28, 2011 by the U.S. Bankruptcy Court for the District of Utah. Appellant argues that the bankruptcy court failed to properly apply 42 U.S.C. 407 and thereby improperly denied Appellant's proposed Chapter 13 bankruptcy plan. For the reasons...
MEMORANDUM DECISION AND ORDER ON MOTIONS TED STEWART, District Judge. This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment of Patent Infringement and Motion to Strike Declarations of Attorney Coffey and Attorney Sarney. The Court will grant in part and deny in part Plaintiff's Motion for Summary Judgment and deny Plaintiff's Motion to Strike for the reasons set forth below. I. BACKGROUND Plaintiff Aqua Shield alleges that, through their combined actions, Inter...
MEMORANDUM DECISION AND ORDER GRANTING THE GOVERNMENT'S MOTIONS TED STEWART, District Judge. This matter is before the Court on the United States of America's (the "Government") Motion for Summary Judgment Against Funds Seized from Home Savings Bank Account # (Redacted) 8618 in the Name of Paul Gotay of at least $381,000. 1 Also before the Court is the Government's Motion to Strike the Claim of American First Builders ("AFB"). 2 For the reasons discussed below, the Court will grant both...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Appellant Bank of the West (the "Bank") challenges the judgment of the bankruptcy court to allow Appellee Jed Connell's ("Mr. Connell") claim for services rendered to Llennoc Real Estate, LLC ("Llennoc" or "Debtor") in the amount of $160,151.00. The Bank raises three issues on appeal: (1) whether the bankruptcy court applied an erroneous standard in allowing Mr. Connell's claim; (2) whether the bankruptcy court...
MEMORANDUM DECISION AND ORDER ON ALL PENDING MOTIONS TED STEWART, District Judge. This matter is before the Court on several motions: (1) Defendants United Maintenance Company, Inc., United Security Services, Inc., United Supply Services, Inc., United Temps, Inc., United National Maintenance, Inc., Richard A. Simon, and Carol D. Stein Sterling's (collectively "United") Motion to Dismiss for Lack of Subject-Matter Jurisdiction Pursuant to Rule 12(b)(1) 1 ; (2) Plaintiff TFG-Illinois's ("TFG"...
FINAL JUDGMENT AS TO DEFENDANT RALPH W. THOMPSON, JR. TENA CAMPBELL, District Judge. The Securities and Exchange Commission having filed a Complaint and Defendant Ralph W. Thompson, Jr. ("Thompson"), having entered a general appearance, and the court having found that Thompson violated Sections 5(a), 5(c) and Sections 17(a)(2) and (3) of the Securities Act of 1933 and Section 15(a) of the Securities Exchange Act of 1934, and the court having granted summary judgment in part, disgorgement, pre-...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. Fort Lane Village LLC (a commercial property owner and property management company) has sued its insurance company, Travelers Casualty Insurance Company of America, for coverage of fire damage that destroyed a vacant home in Layton in October 2009. Travelers denied coverage based on a provision of the policy excluding damages resulting from vandalism occurring at a time when the insured building had been vacant for more than 60 days...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Plaintiff Basic Research, L.L.C.'s ("Basic") Motion for Summary Judgment, Consolidated Plaintiffs American Movie Classics Company, LLC, WE Women's Entertainment LLC's ("the Networks") Motion for Summary Judgment, Basic's Motion to Strike Consolidated Plaintiff's Motion for Summary Judgment or Motion to Stay, Defendants Rainbow Media Holdings, Inc. and Rainbow Advertising Sales Corporation's (...
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS TED STEWART, District Judge. I. INTRODUCTION The Court has before it Defendant ARAMARK Management Services, LP's ("ARAMARK") Motion to Dismiss Plaintiff Chris Zimpfer's ("Plaintiff" or "Mr. Zimpfer") Complaint pursuant to Fed.R.Civ.P. 12(b)(6). 1 Plaintiff's Complaint brings a single cause of action for unlawful retaliatory discharge under Title VII. 2 ARAMARK contends that Plaintiff's Complaint fails to plead a prima facie case for...
MEMORANDUM DECISION AND ORDER WAIVING TIME UNDER SPEEDY TRIAL ACT; SETTING MATTER FOR TRIAL; AND SETTING A PRETRIAL CONFERENCE DATE. TED STEWART, District Judge. The Court held a hearing on this matter on June 13, 2011, based upon that hearing, and the prior proceedings in this matter the Court makes the following findings: 1. The time has been tolled under the Speedy Trial Act, specifically 18 U.S.C. 3161 between March 16, 2011, and the trial date of September 28-30, 2011 for the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW DALE A. KIMBALL, District Judge. This matter is before the court on the Securities and Exchange Commission's (the "Commission") Motion for Summary Judgment, Defendants Brian J. Smart and Smart Assets, LLC's Cross-Motion for Summary Judgment. A hearing on the motions was held on April 28, 2011. At the hearing, the Commission was represented by Brian T. Fitzsimons and Thomas M. Melton. Defendants were represented by Steven G. Loosle. Before the hearing,...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. On May 25, 2011, the Court held a hearing on the following motions: • Defendant William Scott's Rule 12(c) Motion for Judgment of Plaintiffs' Amended Complaint on the Pleadings ("Scott's Motion for Judgment on the Pleadings") (Docket No. 64); • Defendant Temple Mountain Energy, Inc.; TME Asphalt Ridge, LLC; Larry Clynch; William Messerli; Jimmy Runquist; Robert Trent; Clinton W. Jurgens and Richard Lecy's Rule 12(c) Motion for...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION On June 19, 2006, the Federal Trade Commission ("FTC") issued a Decision and Order that reflected the terms of a settlement agreement between Basic Research 1 and the FTC. Before Basic Research can make representations about its products in advertisements, it must "possess and rely upon a reasonable basis for the representation, which shall consist of competent and reliable scientific evidence." 2 Basic Research...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Defendant John William Pacheco ("Pacheco") moves the court to suppress all evidence obtained from an interrogation following Pacheco's arrest. Pacheco asserts he did not knowingly waive his rights because he did not receive a proper Miranda warning prior to making inculpatory statements. He further asserts that Detective Daniel Wendelboth ("Wendelboth") made promises and threats that overbore his will. Consequently,...
ORDER APPOINTING RECEIVER, IMPOSING ASSET FREEZE AND PROHIBITING DESTRUCTION OF DOCUMENTS DALE KIMBALL, District Judge. SENT VIA FEDERAL EXPRESS United States District Court for the Eastern District of California 501 I Street, Suite 4-200 Sacramento, California 95814. Dear Sir or Madam: My client, Gil A. Miller of Rocky Mountain Advisory, LLC has been appointed by Judge Dale A. Kimball as the Receiver for Impact Cash, LLC and Impact Payment Systems, LLC, in the above-referenced case. This...
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT SAMUEL ALBA, United States Magistrate Judge. Before the court is a motion for summary judgment filed by Defendant Riverton City. (Docs. 25, 55.) Riverton City argues that the claims brought in this action by Plaintiffs Willis Lauritz Petersen, Jr., Leslee P. Christensen, Allan D. Petersen, Kristine Petersen Smith, and Dean B. Petersen, as trustees of the Margarett Park Petersen Family Living Trust (collectively "the Petersens")...
ORDER and MEMORANDUM DECISION CLARK WADDOUPS, District Judge. INTRODUCTION This matter is before the court on the motion of the Defendants the Honorable Utah Lieutenant Governor, Greg Bell, and the Honorable Utah Attorney General, Mark Shurtleff, to vacate the preliminary injunction previously issued in this action. Plaintiff Utahns for Ethical Government and others originally brought an action seeking a declaration that Utah Code, section 20A-7-206(8) 1 unconstitutionally infringes on...
