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 orders2 ("Asset Freeze") as to Solco LLC and XSun Energy LLC (collectively, "Solco") because they are not parties to this case and their assets were frozen without due process.3 RaPower has made this due-process argument on at least two prior occasions.4 On both occasions, it was rejected.5 It is rejected again today.

At all relevant times, Solco has had notice of the Asset Freeze and an opportunity to be heard regarding it. Indeed, this is at least the third time that Solco has been heard regarding it.4 And upon completion of the Receiver's investigation, Solco will have yet another opportunity to be heard about it. Accordingly, RaPower has failed to establish that the Asset Freeze should be modified on due-process grounds.

Furthermore, because RaPower and Solco have failed to show that the so-called "nonrefundable" retainer in the amount of $735,202.22, which is currently in Nelson Snuffer Dahle & Poulsen's trust account, is not property of the receivership estate, the full balance of that retainer will remain subject to the Asset Freeze at this time.

ORDER

THEREFORE, IT IS HEREBY ORDERED that the Motion6 is DENIED without prejudice pending completion of the Receiver's investigation and report in accordance with the Corrected Receivership Order.7