RECEIVERSHIP COURT DOCUMENTS

  • Complaint
  • Summons
  • Notice of Appearance.Wheeler
  • Notice of Appearance.VanWagoner
  • Notice of Appearance.Parker
  • Notice of Appearance.Harkness
  • Motion for Injunctive Relief Against Southwick
  • Order Granting Motion for Injunctive Relief Against Southwick
  • Motion to Stay Litigation
  • Memo in Support of Motion to Stay Litigation
  • Certificate of Service Motion to Stay Litigation
  • Motion for Joinder re Motion to Stay Litigation
  • Motion to Intervene Oak Valley Investments
  • Memo in Support of Motion to Intervene.Oak Valley Investments
  • Memo in Opposition to Motion to Intervene
  • Certificate of Service.Memo in Opposition to Motion to Intervene
  • Reply Memo in Support of Motion to Intervene
  • Report of Attorney Planning Meeting
  • Motion to Appoint Receiver
  • Memo in Support of Motion to Appoint Receiver
  • Scheduling Order
  • May 5, 2008 - Order Appointing Receiver
  • Motion to Sell Property
  • Memo in Support of Motion to Sell Property
  • proposed Order to Sell Property
  • Motion for Relief of Stay filed by Oak Valley Investments and J. Horne
  • Memo in Support of Motion for Relief of Stay
  • Order Granting Motion to Sell Property
  • Memo in Opposition to Motion for Relief of Stay filed by SEC
  • Exhibits to Memo in Opposition to Motion for Relief of Stay filed by SEC
  • Notice of Joinder by Vale E. Southwick re Memo in Opposition to Motion for Relief of Stay
  • Reply to Response to Motion for Relief of Stay filed by Oak Valley Investments and J. Horne
  • Notice of Deposition - Kevin Kunz and Brian Horne
  • Notice of Appearance - Callister
  • Notice of Appearance - Broadbent
  • Notice of Appearance - Burton
  • Notice of Appearance - Clark
  • Notice of Appearance - Parrish and McMinimee
  • Motion for Admission Pro Hac Vice - Matt Callister
  • Exhibit A to Callister Pro Hac Vice Motion for Admission
  • Exhibit B to Callister Pro Hac Vice Motion for Admission
  • Exhibit C to Callister Pro Hac Vice Motion for Admission
  • Order Admitting Callister Pro Hac Vice
  • Motion to Seal
  • Proposed Order to Seal
  • Memo in Support of Motion to Seal
  • Motion to Clarify Stay-Covenant
  • Memo in Support of Motion to Clarify Stay-Covenant
  • Declaration of Jerry Smith
  • Exhibit 1 Covenant Motion.Memo Clarify Stay
  • Exhibit 2 Covenant Motion.Memo Clarify Stay
  • Exhibit 3 Covenant Motion.Memo Clarify Stay
  • Exhibit 4 Covenant Motion.Memo Clarify Stay
  • Exhibit 5 Covenant Motion.Memo Clarify Stay
  • Exhibit 6 Covenant Motion.Memo Clarify Stay
  • Exhibit 7 Covenant Motion.Memo Clarify Stay
  • Exhibit 8 Covenant Motion.Memo Clarify Stay
  • Exhibit 9a Covenant Motion.Memo Clarify Stay
  • Exhibit 9b Covenant Motion.Memo Clarify Stay
  • Motion to Clarify Appointing Receiver-Cannon
  • Memo in Support of Motion to Clarify Appointing Receiver-Cannon
  • Exhibit 1 Cannon Motion.Memo Clarify Appointing Receiver
  • Exhibit 2 Cannon Motion.Memo Clarify Appointing Receiver
  • Exhibit 3 Cannon Motion.Memo Clarify Appointing Receiver
  • Exhibit 4 Cannon Motion.Memo Clarify Appointing Receiver
  • Motion for Relief from Order Appointing Receiver-Grubb & Ellis
  • Memo in Support of Motion for Relief from Order Appointing Receiver-Grubb & Ellis
  • Exhibit A Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit A2 Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit B Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit B2 Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit B3 Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit C Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Exhibit D Grubb & Ellis Motion.Memo Relief Appointing Receiver
  • Order Granting Motion to File Document Under Seal (55)
  • Motion to Take Control of Account and Transfer Receivership Funds (56)
  • Proposed Order (56-1)
  • Memo in Support of Motion to Take Control of Account and Transfer Receivership Funds (57)
  • Exhibit to Motion (57-1)
  • Stipulated Motion for Extension of Time to File Response to Motion to Lift Stay (58)
  • Proposed Order (58-1)
  • Stipulated Motion for Extension of Time / Motion to Clarify Court's Order Appointing Receiver (59)
  • Proposed Order (59-1)
  • Stipulated Motion for Extension of Time / Motion for Relief from Order Appointing Receiver (60)
  • Proposed Order (60-1)
  • Motion for Leave to File Excess Pages / Receiver's Application for Leave to File Over-length Memo (61)
  • Proposed Order (61-1)
  • Memo in Opposition / Motion to Lift Stay (62)
  • Exhibit A (62-1)
  • Exhibit B1 (62-2)
  • Exhibit B2 (62-3)
  • Declaration of Jennifer Korb (63)
  • Declaration of Gil A. Miller (64)
  • Exhibit 1 (64-1)
  • Exhibit 2 (64-2)
  • Exhibit 3 (64-3)
  • Declaration of Jeff Galyean (65)
  • Declaration of Jonathan N. Horne (66)
  • Exhibits / Notice of Filing Text of Proposed Order re Memo in Opposition to Motion to Lift Stay (67)
  • Motion for Joinder (68)
  • Exhibit A (68-1)
  • Notice of Appearance Rodney R. Parker (69)
  • Response to Motion re Motion to Take Control of Account and Transfer Receivership Funds (70)
  • Notice of Filing of Correspondence from Key Bank to Jared N. Parrish (71)
  • Receiver's Motion to File Overlength Memo (72)
  • Proposed Order Granting Leave to File Overlength Memo (72-1)
  • Receiver's Memo in Opposition to Motion of Grubb & Ellis for Relief from Order Appointing Receiver (73)
  • Supporting Exhibits to Receiver's Response to Grubb & Ellis (73-2)
  • Declaration of William J. Murray (74)
  • Order Granting Leave to File Overlength Memo (75)
  • Order Granting Plaintiff's Stipulated Motion for Extension of Time to File Response (76)
  • Order Granting Plaintiff's Stipulated Motion for Extension of Time to File Response (77)
  • Order Granting Plaintiff's Stipulated Motion for Extension of Time to File Response (78)
  • Notice of Withdrawal of Cannon's Motion to Clarify this Court's Order Appointing a Receiver (79)
  • Order Granting Leave to File Overlength Memo (81)
  • First Declaration and Report of Receiver and Request to Appoint Professionals (82-1)
  • Zion's Bank Account (82-2)
  • Summary of Disbursements and Receipts (82-3)
  • Proposed Order of Receiver (82-4)
  • Receiver's Stipulated Motion to Continue Hearing (85)
  • Stipulation to Extension of Time to File Reply (86)
  • Proposed Order (86-2)
  • Jerry Smith Exhibits - unpublished Opinion and Desist and Refrain (87)
  • Order Granting Extension of Time to Reply (88)
  • Order Granting Receiver's Stipulated Motion for Continuance of Motion Hearing (89)
  • Motion to File Over length Reply Memorandum (91)
  • Proposed Order (91-2)
  • Reply Memorandum (Motion to Clarify the Scope of the Stay, and, if Necessary, to Lift the Stay) (93)
  • Exhibit A (93-1)
  • Declaration of Roger Howard (94)
  • Exhibit A (94-1)
  • Declaration of David T. Lawlor (95)
  • Exhibits A and B (95-1)
  • Motion for Settlement Approval with the Church of Jesus Christ of Latter-day Saints (97)
  • Proposed Order (97-1)
  • Memorandum in Support of Motion for Approval with the Church (98)
  • Joint Stipulation and Motion for Entry of Scheduling Order (99)
  • Text of Proposed Order (99-1)
  • Scheduling Order (100)
  • Order Granting Motion for for Settlement Approval with the Church of Jesus Christ of Latter-day Saints (101)
  • Exhibits Filed by Heritage Capital Management, etc. (102)
  • Motion for Settlement Approval with the Trustee of Vescor Bankruptcy Cases (103)
  • Text of Proposed Order (103-1)
  • Memorandum in Support of Motion for Settlement Approval with Trustee of Vescor Bankruptcy Cases (104)
  • First Payorder Signed by Judge (105)
  • Motion to Relinquish Interest in Real Property of the Estate (Apex Vegas Vista Lots 10&11) (106)
  • Text of Proposed Order (106-1)
  • Memorandum in Support of Motion to Relinquish Property (107)
  • Declaration of William J. Murray (108)
  • Opposition to Receiver's Motion to Relinquish Real Property (110)
  • Motion for Order Approving Claims Procedure (111)
  • Memorandum in Support of Motion for Order Approving Claims Procedure (112)
  • Order Granting Motion for Order Approving Claims Procedure (113)
  • Reply Memorandum in Support of the Motion to Relinquish Interest in Real Property (114)
  • Objection to Form of Order (115)
  • Exhibit A (115-1)
  • Exhibit B (115-2)
  • Receivers Response to Covenant's Objection to Form of Order (116)
  • Order Granting Motion to Authorize Receiver to Relinquish Interest in Real Property (117)
  • Order Granting in Part and Denying in Part the Motion of the Covenant Group to Clarify and/or Lift Stay, etc. (118)
  • Motion to Transfer Personal Property to the Receivership (119)
  • Text of Proposed Order (119-1)
  • Memorandum in Support of the Motion to Transfer Personal Property to the Receivership (120)
  • Status Report (121)
  • Mr. Southwick's Response to Receiver's Motion to Take Possession of Laptop Computers (122)
  • Order Granting Motion for Settlement with Trustee of Vescor Bankruptcy Cases (123)
  • Second Declaration of the Receiver (124)
  • Exhibit A (124-1)
  • Exhibit B (124-2)
  • Exhibit C (124-3)
  • Text of Proposed Order (124-4)
  • Order (125)
  • Notice of Abandonment of Apex Vegas Vista Lots 10 & 11 (127)
  • Reply Memorandum  in Support of Motion to Take Possession of Laptop Computers (128)
  • Declaration of Gil A. Miller (129)
  • Notice of Appeal (130)
  • Transmission of Preliminary Record to USCA (131)
  • Order (131-2)
  • Notice of Appeal (131-3)
  • Docket (131-4)
  • Letter from USCA re: 08-4224
  • Motion to Compel Inspection of Real Property (133)
  • Memorandum in Support of Motion to Compel Inspection of Real Property (134)
  • Exhibit A (134-2)
  • Exhibit B (134-3)
  • Exhibit C (134-4)
  • Status Report Regarding Real Estate (135)
  • Exhibits (136)
  • Claim for IRS (137)
  • Order re: Privilege Log (138)
  • Motion to Dedicate and Transfer Real Property of the Estate (139)
  • Memorandum in Support of Motion to Dedicate and Transfer Real Property of the Estate (140)
  • Exhibit A (140-2)
  • Exhibit B (140-3)
  • Response to Claim Filed by IRS (141)
  • Order Granting Motion to Dedicate and Transfer Real Property (142)
  • Order Granting Motion to Compel Inspection (143)
  • Declaration of Receiver by Robert G. Wing (145)
  • Exhibit A (145-2)
  • Exhibit B (145-3)
  • Exhibit C (145-4)
  • Third Pay Order (149)
  • Motion for Settlement Approval with Lavarr Webb and Webb Consulting, LLC (150)
  • Memorandum in Support of Motion for Settlement Approval with Lavarr Web, etc. (151)
  • Exhibit A (151-2)
  • Order Granting Motion for Settlement with Lavarr Webb (152)
  • Joint Stipulation and Motion for Entry of Amended Scheduling Order - Grubb & Ellis (154)
  • Amended Scheduling Order (155)
  • Motion to Approve Procedure for Sale of Real Property Free and Clear of Liens (156)
  • Memorandum in Support of Motion to Approve Procedure for Sale of Real Property, etc. (157)
  • Exhibit A (157-2)
  • Exhibit B (157-3)
  • Order Granting Motion to Approve Procedure, etc. (158)
  • Motion for Order to Show Cause Why Lionel, Sawyer & Collins Should Not be Held in Contempt for Failure to Comply (161)
  • Memorandum in Support of Order to Show Cause - Lionel, Sawyer & Collins (162)
  • Declaration of John H. Curtis (163)
  • Declaration of Jared N. Parrish (164)
  • Exhibit A (164-2)
  • Exhibit B (164-3)
  • Exhibit C (164-4)
  • Declaration of Sally B. McMinimee (165)
  • Exhibit A (165-2)
  • Exhibit B (165-3)
  • Declaration of James A. Boevers (166)
  • Exhibit A (166-2)
  • Exhibit B (166-3)
  • Exhibit C (166-4)
  • Motion to Intervene - Apex (167)
  • Exhibits - Apex Motion to Intervene (168)
  • Exhibit A part 2 (168-2)
  • Exhibit B (168-3)
  • Exhibit C-E (168-4)
  • Motion to Sell Real Property of the Estate (Apex Lot 23) (169)
  • Memorandum in Support of Motion to Sell Real Property of the Estate (170)
  • Declaration of Receiver in Support of Motion to Sell Real Property of the Receivership Estate (171)
  • Exhibit A (171-2)
  • Order Granting  (161) Motion for Order to Show Cause (172)
  • Notice of Filing - Gil A. Miller Declaration (173)
  • Declaration of Gil A. Miller (173-2)
  • Exhibit 1 (173-3)
  • Exhibit 2 (173-4)
  • Exhibit 3 (173-5)
  • Exhibit 4 (173-6)
  • Exhibit 5 (173-7)
  • Motion for Settlement Approval with Archie N. Stone, Sharon S. Stone, etc. (174)
  • Memorandum in Support of Motion for Settlement Approval with Archie N. Stone, etc. (175)
  • Order Granting Motion for Settlement Approval with Archie N. Stone, etc. (177)
  • Memorandum in Opposition to Motion to Sell Real Property of the Receivership Estate (Apex Lot 23) (178)
  • Reply Memorandum in Support of Motion to Sell Real Property of the Receivership Estate (Apex Lot 23) (180)
  • Notice of Lionel Sawyer & Collins' Acknowledgment Of Service of Motion for Order to Show Cause (182)
  • Notice of Appearance by Mark W. Pugsley on behalf of Lionel Sawyer & Collins (183)
  • Notice of Appearance by Greggory J. Savage on behalf of Lionel Sawyer & Collins (184)
  • Motion for Admission Pro Hac Vice of Fred D. "Pete" Gibson, III (185)
  • Response to Order to Show Cause - Lionel Sawyer & Collins (186)
  • Affidavit of Paul R. Hejmanowski in Support of Response to Order to Show Cause (187)
  • Exhibits 1-6 (187-2)
  • Exhibits 7-13 (187-3)
  • Order Granting Motion for Admission Pro Hac Vice (188)
  • Partial Joinder to Opposition to Receiver's Motion and Partial Opposition to Covenant's Opposition (190)
  • Proposed Findings of Fact re: Motion for Order to Show Cause (192)
  • Motion to Amend Order and Return Funds (193)
  • Memorandum in Support of Motion to Amend Order and Return Funds (194)
  • Affidavit of Val E. Southwick in Support of Motion to Amend Order and Return Funds (195)
  • Exhibit A (195-2)
  • Exhibit B (195-3)
  • Exhibit C (195-4)
  • Exhibit D (195-5)
  • Exhibit E (195-6)
  • Exhibit F (195-7)
  • Declaration of Timothy K. Clark in Support of Opposition to Receiver's Motion to Sell Real Property of the Estate (196)
  • Exhibit A (196-2)
  • Reply to Response to Motion to Sell Real Property of the Estate (Apex Lot 23) (197)
  • Motion for Settlement Approval with Ernest B. Iseminger (198)
  • Memorandum in Support of Motion for Settlement Approval with Ernest B. Iseminger (199)
  • Motion for Settlement Approval with Ronald D. Wells (200)
  • Memorandum in Support of Motion for Settlement Approval with Ronald D. Wells (201)
  • Stipulated Motion to Vacate Scheduling Order filed by Grubb & Ellis (202)
  • Motion for Settlement Approval with Paul and Karen Beard (203)
  • Memorandum in Support of Settlement Approval with Paul and Karen Beard (204)
  • Motion for Settlement Approval with Blair F. Hadley and BFH Consulting (205)
  • Memorandum in Support of Motion for Settlement Approval with Blair F. Haldey (206)
  • Order Granting Motion to Vacate Grubb & Ellis Scheduling Order (207)
  • Order Granting Motion to Approve Settlement with Ronald D. Wells (208)
  • Order Granting Motion t Approve Settlement with Ernest B. Iseminger (209)
  • Order Granting Motion to Approve Settlement with Paul and Karen Beard (210)
  • Fourth Declaration of Receiver (211)
  • Exhibit A  (211-2)
  • Exhibit B (211-3)
  • May 5, 2009 Status Report (212)
  • Fourth Pay Order (215)
  • Amended Fourth Pay Order (216)
  • Memorandum in Opposition to Motion to Amend/Correct(217)
  • Supplement 1
  • Supplement 2
  • Supplement 3
  • Supplement 4
  • Order Granting Motion for Settlement with Blair F. Hadley (218)
  • Motion for Jonathan H. Horne, et al, for Declaratory Relief (219)
  • Memorandum in Support of Motion for Declaratory Relief (220)
  • Memorandum in Opposition to Motion for for Declaratory Relief (221)
  • Motion to Lift or Clarify Stay Imposed by May 5, 2008 Order (225)
  • Memorandum in Support of Motion to Lift or Clarify Stay (226)
  • Return of Service of Subpoena on Pearl Gallagher (227) - RESTRICTED
  • Notice of Withdrawal of Katherine N. Hansen as Counsel (229)
  • Motion for Settlement Approval w/ Joan Wilkes Individually and Trustee of Donald F. & Joan A.Wilkes Rev. Trust (230)
  • Memo in Support of Settlement Approval w/ Joan Wilkes, etc.(231)
  • Order Granting Motion for Settlement Approval w/ Joan Wilkes, etc.  (232)
  • Notice of Hearing on Motion to Amend/Correct Order for 7/29/2009 @ 2:30 p.m. (233)
  • Motion for Settlement Approval with the Kaae Trust, Kenneth W. Kaae & Kathleen Jukes (234)
  • Memo in Support of Motion for Settlement w/ Kaae Trust, etc.(235)
  • Order Granting Motion for Settlement Approval w/ Kaae Trust, etc. (236)
  • Motion for Settlement Approval w/ the Edward & Judith Okney Revocable Living Trust (237)
  • Memo in Support of Motion for Settlement Approval w/ the Edward & Judith Okney Revocable Living Trust (238)
  • Motion for Settlement Approval with Gordon and Stephanie Low (239)
  • Memo in Support of Settlement Approval with Gordon and Stephanie Low (240)
  • Order Granting Motion for Settlement Approval with the Edward & Judith Okney Revocable Living Trust (241)
  • Order Granting Motion for Settlement Approval with Gordon & Stephanie Low (242)
  • Request to Submit for Decision re: Motion to Lift or Clarify Stay (243)
  • 5th Declaration and Report (244)
  • Exhibits A thru C
  • Sealed Invoices of Prince, Yeates & Geldzahler and PricewaterhouseCoopers (245)
  • 5th Pay Order (246)
  • Motion for Settlement Approval with Renee Winward (247)
  • Memo in Support of Motion for Settlement Approval with Renee Winward (248)
  • Amended Notice of Hearing Motion to Amend/Correct Order & Motion to Lift or Clarify Stay 7/29/2009 @ 11:00 am (249)
  • Motion to Deposit Funds from Southwick Life Insurance (250)
  • Memo in Support of Motion to Deposit Funds (251)
  • Exhibits A thru C
  • Order Granting Motion for Approval of Settlement w/ Renee Winward (252)
  • Motion for Settlement Approval with Roger and Linda Jones (253)
  • Memorandum in Support of Motion for Settlement Approval with Roger and Linda Jones (254)
  • Order Granting Motion for SEttlement Approval with Roger & Linda Jones (255)
  • Motion for Order Authorizing the Acceptance and Consideration of a Late Investor Claim (256)
  • Memorandum in Support of Motion for ORder Authorizing the Acceptance and Consideration of a Late Investor Claim   (257)
  • Motion to Intervene filed by Movants Heritage Captial Management, etc. (258)
  • Memorandum in Support of Motion to Intervene filed by Movants Heritage Captial Management, etc. (259)
  • Minute Entry re: July 29, 2009 Hearing (260)
  • Order Granting Motion for an Order Authorizing the Acceptance and Consideration of a Late Investor Claim (261)
  • Order Granting Motion to Deposit Funds (262)
  • Order Regarding July 29, 2009 Hearing (263)
  • Notice of Appearance filed by Joseph H. Pugsley on Behalf of Dar First Family Limited Partnership (264)
  • Motion to LIft Stay filed by Movant Dar First Family Limited Partnership (265)
  • Memorandum in Support of Motion to Lift Stay filed by Movant Dar First Family Limited Partnership (266)
  • Status Report of Receiver (October 1, 2009) (267)
  • Order Granting Motion to Intervene (268)
  • Order Granting Motion to Intervene (269)
  • Motion for Settlement with Rick Neilson DDS, MS (270)
  • Memorandum in Support of MOtion for Settlement wit Rick Neilson, DDS, MS (271)