19-4089
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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.
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19-4089 – APPEAL(ORDER Doc. 636) |
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This appeal was filed on June 24, 2019. It is an appeal to the United States Court of Appeals for the Tenth Circuit from the District Court’s decision to Include Affiliates and Subsidiaries in Receivership.
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Judgment for opinion filed. |
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Dismissed. Terminated on the merits after oral hearing. Written, signed, published. Judges Matheson (authoring), Kelly and Phillips. Mandate to issue. |
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Case argued by Denver Snuffer for the appellants; and by Michael Lehr for the appellee; and submitted to Judges Matheson, Kelly and Phillips. |
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Calendar Acknowledgment Form filed by R. Wayne Klein. Served on 01/24/2020. Manner of Service: email. |
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Calendar Acknowledgment Form filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Served on 01/24/2020. Manner of Service: email. |
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Calendar notice sent to counsel. Arguments to be held on 03/11/2020 at 9:00 A.M. in Courtroom I, Byron White United States Courthouse, Denver, CO. |
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Appellant/Petitioner's reply brief filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. |
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Minute order filed - Appellants' optional reply brief now due 12/06/2019 for Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. (Text Only - No Attachment) |
Notice of appellee's deficient brief received from R. Wayne Klein. Type of deficiency: Hard copies are double-sided; no statement as to oral argument on cover. See attached letter for specifics. Appellee's hard copies of brief now due 11/25/2019 for R. Wayne Klein |
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Appellee/Respondent's brief filed by R. Wayne Klein. 7 (Counseled) paper copies to be provided to the court. Served on: 11/13/2019. Manner of service: email. Oral argument requested? No. |
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Appellee/Respondent's Supplemental Appendix, Volume 1 |
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Appellee/Respondent's Supplemental Appendix, Volume 2 |
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Order filed by Clerk of the Court granting Appellele's unopposed motion for a 21-day extension of time to file appellee's brief. The appellee's brief is now due on or before November 13, 2019. Served on 10/22/2019. Text only entry - no attachment. |
Motion filed by Appellee R. Wayne Klein to extend time to file a response until 11/13/2019. Served on: 10/21/2019. |
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Minute order filed - Appellee's brief now due 10/23/2019 for R. Wayne Klein. (Text Only - No Attachment) [19-4089] |
Certificate of service filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Document served: Appellants' Appendix. Served on 09/23/2019. Manner of Service: email. |
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Appellant's appendix filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Total number of volumes filed: 1. Served on 09/23/2019. |
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Notice of appellant's deficient appendix. Type of deficiencies for appendix: Missing district court docket sheet. No proper bookmarks. See attached letter for specifics. Appendix due on 09/23/2019 for Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC [19-4089] |
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Certificate of service filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Document served: Certificate of Service for Appellants' Appendix. Served on 09/09/2019. |
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Appellant's appendix filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Total number of volumes filed: 1. Served on 09/09/2019. |
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Appellant/Petitioner's brief filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. 7 (Counseled) paper copies to be provided to the court. Served on 09/09/2019 by email. |
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Order filed by Clerk of the Court granting appellants' motion for extension of time to file appellant's opening brief to 09/09/2019 for Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Served on 08/23/2019. Text only entry - no attachment. (14-day extension.) |
Motion filed by Appellants Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC to extend time to file appellant/petitioner's brief until 09/09/2019. Served on: 08/23/2019. |
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Order filed by Clerk of the Court directing the parties to specify in their briefs whether this court has jurisdiction to review the district court's order and judgment and whether the extension of the established receivership to the 'Affiliated Entities' is immedately appealable. See order for details. Appellants' opening brief and appendix remain due 8/26/19. Served on 07/16/2019. [19-4089] [Entered: 07/16/2019 02:52 PM] |
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Filed notice record is complete. Served on 07/15/2019. Appellants' brief and appendix due on 08/26/2019 for Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. [19-4089] [Entered: 07/15/2019 04:13 PM] |
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Attorney Michael S. Lehr for R. Wayne Klein admitted to the bar of this court. [19-4089] [Entered: 07/12/2019 04:45 PM] |
Admissions letter sent. Response date set to 08/12/2019 for Michael S. Lehr. [19-4089, 18-4150] [Entered: 07/11/2019 11:07 AM] |
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Minute order filed - Notice due that record is complete by 07/17/2019 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment) [19-4089] [Entered: 07/10/2019 07:31 AM] |
Entry of appearance filed by Steven Richard Paul and Denver C. Snuffer, Jr. for Solco I, LLC, Xsun Energy, LLC, N.P. Johnson Family, L.P., Solstice Enterprises, Inc., Black Night Enterprises, Inc., and Starlight Holdings, Inc. CERT. OF INTERESTED PARTIES: y. Served on 07/09/2019. Manner of Service: email. [19-4089] [Entered: 07/09/2019 04:01 PM] |
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Docketing statement filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Served on 07/09/2019. Manner of Service: email. [19-4089] SRP [Entered: 07/09/2019 03:50 PM] |
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Notice received from Jane Doe that a transcript is not necessary for this appeal filed by Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Served on: 07/09/2019. Manner of Service: email. --[Edited 07/10/2019 by MLB to correct event code and docket text][19-4089] SRP [Entered: 07/09/2019 03:47 PM] |
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Entry of appearance submitted by Denver C. Snuffer, Jr. and Steven R. Paul for Appellants Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC for court review. Certificate of Interested Parties: Yes. Served on 07/09/2019. Manner of Service: email. [19-4089] --[Edited 07/09/2019 by SLS to remove PDF from docket entry as the document has been filed.] SRP [Entered: 07/09/2019 03:45 PM] |
Entry of appearance filed by Mr. Jeffery A Balls for R. Wayne Klein. CERT. OF INTERESTED PARTIES: n. Served on 07/09/2019. Manner of Service: email, US mail. [19-4089] [Entered: 07/09/2019 03:32 PM] |
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Entry of appearance filed by Mr. Jonathan O. Hafen, Esq. and Michael S. Lehr for R. Wayne Klein. CERT. OF INTERESTED PARTIES: n. Served on 07/09/2019. Manner of Service: US mail, email [19-4089] [Entered: 07/09/2019 02:17 PM] |
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General Docket Letter - Counsel - Civil |
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Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/24/2019 Docketing statement, notice of appearance and transcript order form due 07/09/2019 for Black Night Enterprises, Inc., N.P. Johnson Family, L.P., Solco I, LLC, Solstice Enterprises, Inc., Starlight Holdings, Inc. and Xsun Energy, LLC. Notice of appearance due on 07/09/2019 for R. Wayne Klein [19-4089] [Entered: 06/25/2019 07:54 AM] |