18-4119



NOTICE:

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.



18-4119 – RAPOWER-3 APPEAL -- (Combined with 18-4150)


This appeal was filed by RaPower-3 on August 28, 2018. It is an appeal to the United States Court of Appeals for the Tenth Circuit from the District Court’s order appointing a receiver over all Defendants

Court of Appeals case # 18-4119. Nature of Suit: 2870 Tax Suits

Combined with Court of Appeals case #18-4150


010110227889

Supplemental authority filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119. Served on 09/13/2019. Manner of Service: email. [18-4150, 18-4119]

010110193753

Calendar Acknowledgment Form filed by United States of America in 18-4119, 18-4150. Served on 07/08/2019. Manner of Service: email. [18-4119, 18-4150] CC [Entered: 07/08/2019 12:04 PM]

010110191474

Calendar Acknowledgment Form filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4119, 18-4150. Served on 07/02/2019. Manner of Service: email. [18-4119, 18-4150] DCS [Entered: 07/02/2019 01:04 PM]

010110190692

Calendar notice sent to counsel. Arguments to be held on 09/25/2019 at 9:00 AM in Courtroom IV, Byron White United States Courthouse, Denver, CO. Arguing counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [18-4119, 18-4150] [Entered: 07/01/2019 04:10 PM]

010110166952

Appellant/Petitioner's reply brief filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119. 7 (Counseled) paper copies to be provided to the court. Served on 05/10/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119] DCS [Entered: 05/10/2019 10:31 AM]

010110166127

Order filed by Clerk of the Court - This matter comes before the court on appellants’ Motion to Exceed Word Limit for Appellants’ Reply Brief. The motion is denied without prejudice to appellants filing a renewed motion which contains opposing counsel’s position within seven days of the date of this order. (Renewed motion due on 05/15/2019 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard.) Served on 05/08/2019. (See the attachment for the order.) [18-4119, 18-4150] [Entered: 05/08/2019 04:51 PM]

010110165905

Motion filed by Appellants International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119 to file an oversize brief 7388 words long. Served on: 05/08/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119]--[Edited 05/08/2019 by KLP to delete from 19-4066.] DCS [Entered: 05/08/2019 02:00 PM]

010110165732

Notice of appellants' deficient reply brief received from International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4119, 18-4150. See attached letter for specifics. Appellants' reply brief now due 05/20/2019 by International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard. [18-4119, 18-4150] [Entered: 05/08/2019 12:00 PM]

010110165216

Appellant/Petitioner's reply brief filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119. 7 (Counseled) paper copies to be provided to the court. Served on 05/07/2019.


Order filed by Clerk of the Court granting as modified attorney motion to extend time to file the optional reply brief until 05/08/2019 for Neldon P. Johnson, International Automated Systems, LTB1, R. Gregory Shepard and RaPower-3, LLC. No further extensions will be granted on the clerk's authority. Served on 04/01/2019. Text only entry - no attachment. [18-4119, 18-4150] [Entered: 04/01/2019 03:11 PM]

010110147555

Motion filed by Appellants International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119 to extend time to file a reply brief until 05/17/2019. Served on: 04/01/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119] DCS [Entered: 04/01/2019 02:31 PM]


Minute order filed - Appellant's optional reply brief now due 04/17/2019 for Neldon P. Johnson, International Automated Systems, LTB1, R. Gregory Shepard and RaPower-3, LLC. (Text Only - No Attachment) [18-4119, 18-4150] [Entered: 03/29/2019 11:26 AM]

010110145362

Appellee/Respondent's brief filed by United States of America in 18-4119, 18-4150. 7 (Counseled) paper copies to be provided to the court. Served on: 03/27/2019. Manner of service: email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4119, 18-4150] CC [Entered: 03/27/2019 02:57 PM]

010110145380

Appellee's appendix filed by United States of America in 18-4119, 18-4150. Total number of volumes filed: 1. Served on 03/27/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4119, 18-4150] CC [Entered: 03/27/2019 03:06 PM]

010110145341

Entry of appearance filed by Ms. Joan I. Oppenheimer for United States of America in 18-4119, 18-4150. CERT. OF INTERESTED PARTIES: n. Served on 03/27/2019. Manner of Service: email. [18-4119, 18-4150] [Entered: 03/27/2019 02:50 PM]


Entry of appearance submitted by Joan I. Oppenheimer (co-counsel) for Appellee United States of America in 18-4119, 18-4150 for court review. Certificate of Interested Parties: No. Served on 03/27/2019. Manner of Service: email. [18-4119, 18-4150] --[Edited 03/27/2019 by SLS to remove PDF from docket entry as the document has been filed.] JIO [Entered: 03/27/2019 02:34 PM]

010110127128

Order filed by Judges Matheson and Bacharach granting Appellee's motion to extend time to file the brief on or before 03/27/2019 for United States of America.

010110126971

Motion filed by Appellee United States of America in 18-4119, 18-4150 to extend time to file appellee/respondent's brief until 03/27/2019. Served on: 02/15/2019.


Minute order filed - Appellee's brief now due 02/25/2019 for United States of America. (Text Only - No Attachment) [18-4150, 18-4119] [Entered: 01/24/2019 02:15 PM]

010110116268

Errata sheet filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119 to CERTIFICATE OF SERVICE FOR APPELLANTS' APPENDIX VOL. I-VI. 0 paper copies to be provided to the court. Served on 01/24/2019. Manner of Service: email. [18-4150, 18-4119] DCS [Entered: 01/24/2019 01:48 PM]

010110116153

Notice of deficient appendix received from Appellants. Type of deficiency: Missing Certificate of Service. See attached letter for specifics. Errata to Appendix due on 02/04/2019 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard [18-4150, 18-4119] [Entered: 01/24/2019 12:17 PM]

010110114832

Order filed by Clerk of the Court granting Appellants' construed motion for an exemption from the electronic appendix requirements for two exhibits. Concurrently with the paper copies of their opening brief and appendix, Appellants shall provide the court with 3 identical copies of a CD or DVD containing the aerial video and Excel spreadsheet. See order for instructions. Served on 01/22/2019. [18-4119, 18-4150] [Entered: 01/22/2019 03:45 PM]

010110114436

Motion filed by Appellants International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119 for leave to file an appendix. Served on: 01/22/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119] DCS [Entered: 01/22/2019 12:39 PM]

010110114304

Appellants/Petitioners' Appendix Volume 6

010110114303

Appellants/Petitioners' Appendix Volume 5

010110114302

Appellants/Petitioners' Appendix Volume 4

010110114301

Appellants/Petitioners' Appendix Volume 3

010110114300

Appellants/Petitioners' Appendix Volume 2

010110114299

Appellant's appendix filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119. Total number of volumes filed: 6. Served on 01/22/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119] --[Edited 01/24/2019 by DD - Volume 6 consists of the 3 DVD's per this court's 1/22/19 order - hard copy only] --[Edited 01/24/2019 by DD to attach Errata Sheet] DCS [Entered: 01/22/2019 11:05 AM]

010110114253

Appellant/Petitioner's brief filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard in 18-4150, 18-4119. 7 (Counseled) paper copies to be provided to the court. Served on 01/22/2019 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4150, 18-4119] DCS [Entered: 01/22/2019 10:28 AM]

010110096238

Order filed by Clerk of the Court clarifying the procedural posture of Case No. 18-4150. The abatement is lifted. The obligation placed on the appellants in this court's 10/24/18 order to file a status report upon the resolution of their post-judg48ment motion is vacated. Served on 12/11/2018. [18-4119, 18-4150] [Entered: 12/11/2018 01:21 PM]

010110096016

Order filed by Judges Matheson and Bacharach denying Appellants' motion to expedite proceeding. Case Nos. 18-4119 and 18-4150 are consolidated for all procedural purposes. The parties should include both case numbers on all documents submitted to the court unless good causes exists. The briefing schedule in Case No. 18-4119 is VACATED. The parties shall follow a new combined briefing schedule. See order for details. Appellants' combined opening brief and appendix shall be filed and served on or before 01/22/2019 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepard. Served on 12/11/2018. [18-4119, 18-4150] [Entered: 12/11/2018 09:39 AM]

010110094816

Response filed by United States of America to Appellants' Motion to Expedite Proceeding. Served on 12/07/2018. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4119] CC [Entered: 12/07/2018 01:35 PM]


Order filed by Clerk of the Court - Appellee is directed to file a response to appellant's motion to expedite case on or before the close of business on 12/07/2018. Served on 11/30/2018. Text only entry - no attachment. [18-4119] [Entered: 11/30/2018 03:54 PM]

010110091593

Motion filed by Appellants International Automated Systems, Mr. Neldon P. Johnson, RaPower-3, LLC and LTB1, R. Gregory Shepard to expedite case. Served on: 11/30/2018. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-4119] SRP [Entered: 11/30/2018 12:46 PM]

010110059478

On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief and appendix until 12/07/2018 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepart.

010110054441

Filed notice record is complete. Served on 09/17/2018. Appellants' brief and appendix due on 10/29/2018 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepart.

010110054231

Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 09/25/2018 at 2:00 pm (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.]

010110051137

Entry of appearance filed by Mr. Steven Richard Paul and Mr. Denver C. Snuffer, Jr. for Mr. Neldon P. Johnson, RaPower-3, LLC, International Automated Systems, LTB1 and R. Gregory Shepart. CERT. OF INTERESTED PARTIES: y. Served on 09/11/2018. Manner of Service: email.


Minute order filed - Notice due that record is complete by 09/18/2018 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment)

010110051005

Notice filed that the transcript is already on file in the district court filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1 and RaPower-3, LLC. Served on: 09/11/2018. Manner of Service: email.

010110050997

Docketing statement filed by International Automated Systems, Mr. Neldon P. Johnson, LTB1 and RaPower-3, LLC. Served on 09/11/2018. Manner of Service: email.


Entry of appearance submitted by Denver C. Snuffer, Jr.; Steven R. Paul for Appellants International Automated Systems, Mr. Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepart for court review. Certificate of Interested Parties: Yes. Served on 09/11/2018. Manner of Service: email. [18-4119]--[Edited 09/11/2018 by JM to remove PDF filed by the court on 9/11/18.

010110050822

Entry of appearance filed by Mr. Clint Carpenter for United States of America. CERT. OF INTERESTED PARTIES: y. Served on 09/11/2018. Manner of Service: email.


Entry of appearance submitted by Clint A. Carpenter for Appellee United States of America for court review. Certificate of Interested Parties: Yes. Served on 09/11/2018. Manner of Service: email. [18-4119] --[Edited 09/11/2018 by SLS to remove PDF file from docket entry as the pleading has been filed.]

010110043587

Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/27/2018 [10584748] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/27/2018 Docketing statement due 09/11/2018 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepart. Transcript order form due 09/11/2018 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC and R. Gregory Shepart. Notice of appearance due on 09/11/2018 for International Automated Systems, Neldon P. Johnson, LTB1, RaPower-3, LLC, R. Gregory Shepart and United States of America. [18-4119] [Entered: 08/28/2018 07:45 AM]