ORDER APPOINTING RECEIVER AND STAYING LITIGATION TENA CAMPBELL , District Judge . WHEREAS this matter has come before this Court upon the unopposed motion of Plaintiffs Commodity Futures Trading Commission ("CFTC" or "Commission") and the State of Utah Division of Securities, through Attorney General Sean D. Reyes ("State of Utah", together with the CFTC, "Plaintiffs") to appoint a receiver in the above-captioned action; and, WHEREAS the Court finds that, based on the record in these...
ORDER APPOINTING RECEIVER AND STAYING LITIGATION TENA CAMPBELL , District Judge . WHEREAS this matter has come before this Court upon the unopposed motion of Plaintiffs Commodity Futures Trading Commission ("CFTC" or "Commission") and the State of Utah Division of Securities, through Attorney General Sean D. Reyes ("State of Utah", together with the CFTC, "Plaintiffs") to appoint a receiver in the above-captioned action; and, WHEREAS the Court finds that, based on the record in these...
(1) REPORT AND RECOMMENDATION TO GRANT STATE DEFENDANTS' MOTION TO DISMISS (ECF NO. 35) AND ORDER (2) DENYING MOTION TO LEAVE AMENDED COMPLAINT FILED ON JUNE 04, 2018 (ECF NO. 48), (3) DENYING MOTION TO LEAVE CLAIM & RELIEF FILED ON AUGUST 20, 2018 (ECF NO. 47), AND (4) REQURING MR. DESAI TO SHOW CAUSE WHY DEFENDANTS DANNY LYTLE, GERALD OSBORNE, BENJAMIN HULET, JOHN VALENTINE, MICHAEL CRAGUN, ROBERT PERO, REBECCA ROCKWELL, BARRY CONOVER, JOSEPH THOMPSON, AND KADE FULMER SHOULD NOT BE...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART HEIDEMAN & ASSOCIATES' MOTION FOR RELIEF DAVID NUFFER , District Judge . The law firm of Heideman & Associates (the "Firm") filed a motion (the "Motion") 1 for relief under Fed. R. Civ. P. 52(b), 59(e), and 60(b)(6) from the Memorandum Decision and Order Granting Plaintiff's Motion for Reasonable Expenses and Attorneys' Fees (the "Fee Order"). 2 Specifically, the Firm asks that the Fee Order be amended so as to relieve...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO LIFT ASSET FREEZE AS TO SOLCO I AND XSUN ENERGY DAVID NUFFER , District Judge . Defendants RaPower-3 LLC, International Automated Systems Inc., LTB1 LLC, Gregory Shepard, and Neldon Johnson (collectively, "RaPower") filed a motion ("Motion") 1 under Fed. R. Civ. P. 59(e) to lift the asset-freeze orders 2 ("Asset Freeze") as to Solco LLC and XSun Energy LLC (collectively, "Solco") because they are not parties to this case and their assets...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO AMEND COMPLAINT DAVID NUFFER , District Judge . Plaintiff United States of America filed a motion (the "Motion") 1 to amend its complaint 2 to add a new cause of action against two new parties. For the reasons stated below, the Motion 1 is DENIED. BACKGROUND On February 18, 2016, the United States commenced this lawsuit asserting two causes of action. 2 The United States' first cause of action seeks to reduce to judgment federal tax...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO LIFT STAY AND DISMISS DAVID NUFFER , District Judge . The government seeks 1 to lift the stay of this case and dismiss Petitioner Robert Tyler Cameron's Motion to Correct Sentence Under 28 U.S.C. 2255 ( 2255 Motion) 2 or require that Mr. Cameron file a supplemental pleading. Mr. Cameron initiated this case seeking to vacate his conviction for unlawfully using a firearm during, and in relation to, a crime of...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO REMOVE ATTORNEYS' EYES ONLY DESIGNATION BROOKE C. WELLS , Magistrate Judge . This matter was referred to the undersigned by District Judge Tena Campbell pursuant to 28 U.S.C. 2e39 636(b)(1)(A). 1 Pending before the court is Plaintiff's Motion to Remove Attorneys' Eyes Only Designation. 2 Plaintiff seeks to remove the "Attorneys' Eyes Only" designation from high level financial statements produced by Defendants in discovery. Pursuant to...
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (ECF NO. 12) EVELYN J. FURSE , Magistrate Judge . On August 8, 2018, Plaintiff Melissa P. filed a Motion for Leave to File Amended Complaint ("Motion") to state her claim under the Mental Health Parity and Addiction Equity Act ("Parity Act") more clearly. (ECF No. 12.) Defendants Aetna Life Insurance Company and Lockheed Martin Corporation Group Benefits Plan (collectively, the "Aetna Defendants") argue this...
MEMORANDUM DECISION AND ORDER DEE V. BENSON , District Judge . This matter is before the Court on Defendants' Motion for Summary Judgment on Remaining Claim of Plaintiff Jake Rowley, filed on June 13, 2018. (Dkt. No. 105.) Plaintiff timely filed a memorandum in opposition to Defendants' Motion on August 8, 2018. (Dkt. No. 112.) Defendants filed a timely reply in response to Plaintiff's opposition on September 28, 2018. (Dkt. No 115.) Pursuant to civil rule 7-1(f) of the United States...
MEMORANDUM DECISION AND ORDER GRANTING AND DENYING IN PART NELDON JOHNSON'S MOTION FOR LIMITED RELIEF FROM ASSET FREEZE ORDER DAVID NUFFER , District Judge . Defendant Neldon Johnson filed a motion ("Motion") 1 for limited relief from the asset-freeze orders 2 (the "Asset Freeze") with respect to $4,358.18 in funds that the Receiver collected from an account ending in 9233 at the Bank of American Fork (the "Account") because, according to Johnson, he receives and holds Social Security...
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO AMEND BROOKE C. WELLS , Magistrate Judge . Plaintiff, Neil Wendland, moves the court for leave to amend his complaint under Federal Rule of Civil Procedure 15. 1 This matter is referred to the undersigned in accordance with 28 U.S.C. 636(b)(1)(A). 2 The court will grant the motion. Relevant to the instant motion are Federal Rule of Civil Procedure 15 and Local Rule 7-1. Rule 15(a)(2) provides that "[t]he court should freely give leave [...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL COMPLETION OF THE ADMINISTRATIVE RECORD (ECF NO. 70) EVELYN J. FURSE , Magistrate Judge . Tyler Pitman and Liliana Damaschin's ("Pitman Plaintiffs") move to compel completion of the administrative record. (Pls.' Mot. to Compel Completion of the Admin. R. & Mem. of Law ("Mot."), ECF No. 70.) The Pitman Plaintiffs ask the Court to order Defendants United States Citizenship and Immigration...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' 12(b)(1) MOTION AND GRANTING, IN PART, DEFENDANTS' 12(b)(6) MOTION CLARK WADDOUPS , United States District Court Judge . Introduction Before the court is Wells Fargo Bank, N.A. and Wells Fargo & Company's Motion to Dismiss Plaintiffs' Third Amended Complaint. Defendants argue that a majority of Plaintiffs fail to allege standing and move to dismiss under Rule 12(b)(1). Defendants also move to dismiss each of the Plaintiffs' fifteen...
MEMORANDUM DECISION & ORDER CLARK WADDOUPS , District Judge . Before the court is Loree Smith's Motion for Reinstatement Pursuant to Order Granting Motion for Relief from the Automatic Stay. (Motion, ECF No. 269.) Banner Bank opposes Ms. Smith's Motion. (Opposition, ECF No. 272.) No party has requested oral argument, and the court concludes it is unnecessary. Having fully considered the parties' briefing and otherwise being fully informed, and for the reasons stated herein, the court...
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Chief Magistrate Judge . District Judge Tena Campbell referred this case to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is petitioners Scott Rilley, Michelle Kunza, Kendra Buettner, Johnathan Aldrich, and Venus Colquitt-Montgomery's (collectively, "Petitioners") motion to enforce subpoena (the "Motion"). 2 The court has carefully reviewed the written memoranda submitted by the parties....
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION OR TO AMEND DAVID NUFFER , District Judge . Plaintiff Sarah E. Ayres filed a motion (the "Motion") 1 for clarification or reconsideration of the Memorandum Decision and Order Granting Defendant's Motion to Dismiss ("Dismissal Order") 2 or, alternatively, for leave to file an amended complaint. For the following reasons, the Motion 1 is DENIED. DISCUSSION The Dismissal Order was decided correctly. Ayres argues that the...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on Defendants Officer Shaun Wihongi, Salt Lake City Police Department, and Salt Lake City Corporation's (collectively "Defendants") Motion for Summary Judgment. On November 14, 2018, the court held a hearing on the motion. At the hearing, the Plaintiff was represented by Karra Porter and John Lauritzen. Defendants were represented by John Delaney. The court took the motion under advisement....
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Chief Magistrate Judge . District Judge Ted Stewart referred this case to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is (1) Plaintiff John Seastrand's ("Seastrand") short form discovery motion to compel production of subpoenaed documents 2 and (2) Seastrand's short form discovery motion regarding rebuttal expert disclosures. 3 The court has carefully reviewed the written memoranda...
MEMORANDUM DECISION AND ORDER DEE BENSON , District Judge . Before the court is Defendant's Motion for Partial Summary Judgment (Parol Evidence). (Dkt. No. 116.) The court has reviewed the briefing submitted by the parties. Pursuant to civil rule 7-1(f) of the United States District Court for the District of Utah Rules of Practice, the court elects to determine the motion on the basis of the written memoranda and finds that oral argument would not be helpful or necessary. DUCivR 7-1(f)....
