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US District Court Civil Docket as of August 5, 2013 Retrieved from the court on August 7, 2013
US District Court Electronic Case Filing System District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:10-cv-01060-DS
Sharma et al v. Freedom Investment Club et al Assigned to: Judge David Sam Case in other court: USDC Northern Dist of CA, San Jose
Division, C 10-01172 JW Cause: 15:0078m(a) Securities Exchange Act
Plaintiff
Date Filed: 10/25/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Vishal Sharma represented by Victor A. Sipos Individually
UTAH LITIGATION CENTER 10421 S JORDAN GATEWAY STE 600 SOUTH JORDAN, UT 84095 (801)860-3444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Perry J. Narancic NARANCIC & KATZMAN PC 325 SHARON PARK DR STE 736 MENLO PARK, CA 94025 (650)814-7688 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff
Wendy Kwong represented by Victor A. Sipos Individually and on behalf of other
(See above for address)
similarly situated purchasers
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Perry J. Narancic (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
V.
Defendant
Freedom Investment Club represented by Bret W. Rawson a British Columbia corporation BRET W RAWSON PC
TERMINATED: 08/05/2013 2195 W 5400 S B201 TAYLORSVILLE, UT 84129 (801)849-8603 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darin B. Goff THE LAW OFFICE OF DARIN B GOFF PC 2825 E COTTONWOOD PKWY STE 500 SALT LAKE CITY, UT 84121 (801)990-3290 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathaniel N. Nelson CHRISTENSEN & NELSON PLLC 2825 E COTTONWOOD PKWY STE 500 SALT LAKE CITY, UT 84121 (801)990-3260 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Mohawk Diversified a Utah limited liability company
Defendant
Go Invest Wisely represented by Barry N. Johnson TERMINATED: 08/05/2013
BENNETT TUELLER JOHNSON & DEERE PC 3165 E MILLROCK DR 5TH FL SALT LAKE CITY, UT 84121 (801)438-2000 Email: [email protected] TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Joshua L. Lee BENNETT TUELLER JOHNSON & DEERE PC 3165 E MILLROCK DR 5TH FL SALT LAKE CITY, UT 84121 (801)438-2000 Email: [email protected]
TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Defendant
Pro Financial a Utah corporation TERMINATED: 08/05/2013
represented by Barry N. Johnson (See above for address) TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Joshua L. Lee (See above for address) TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Defendant
T. Harv Eker TERMINATED: 08/05/2013
represented by Adam D. Wentz RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Email: [email protected] ATTORNEY TO BE NOTICED
Eric G. Benson RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 801-532-1500 Email: [email protected] ATTORNEY TO BE NOTICED
TJ England CR ENGLAND INC 4701 W 2100 S PO BOX 27728 SALT LAKE CITY, UT 84120 (801)974-3515 Email: [email protected]
Defendant
Mike Lathigee represented by Bret W. Rawson TERMINATED: 08/05/2013
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darin B. Goff (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nathaniel N. Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Brad Hess TERMINATED: 08/05/2013
represented by Brad Hess 2637 N WASHINGTON BLVD STE 131 NORTH OGDEN, UT 84414 PRO SE
Barry N. Johnson (See above for address) TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Joshua L. Lee (See above for address) TERMINATED: 04/20/2011 ATTORNEY TO BE NOTICED
Defendant
John Hyland represented by Jonathan R. Secrest ROETZEL & ANDRESS LPA 155 E BROAD ST PNC PLAZA 12TH FL COLUMBUS, OH 43215 (614)723-2029 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Stephen E. Thompson ROETZEL & ANDRESS 850 PARK SHORE DR 3RD FLR NAPLES, FL 34103 (239) 649-2709 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian E. Dickerson ROETZEL & ANDRESS LPA 850 PARK SHORE DR TRIANON CENTRE 3RD FL NAPLES, FL 34103 (239)649-7202 Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Peak Potentials Traning TERMINATED: 08/05/2013
represented by Maria E. Heckel RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark W. Pugsley RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
TJ England (See above for address) LEAD ATTORNEY
Adam D. Wentz (See above for address) ATTORNEY TO BE NOTICED
Eric G. Benson (See above for address) ATTORNEY TO BE NOTICED
Defendant
DBO Management Services
Defendant
DB Property Management
Defendant
Tyrell Gray TERMINATED: 08/05/2013
Defendant
Michael G. Oborn TERMINATED: 08/05/2013
represented by Michael G. Oborn 4471 W HAVEN LN CEDAR HILLS, UT 84062
PRO SE
Ryan B. Frazier KIRTON MCCONKIE PO BOX 45120 SALT LAKE CITY, UT 84145-0120 (801) 328-3600 Email: [email protected] TERMINATED: 05/24/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara N. Becker KIRTON MCCONKIE PO BOX 45120 SALT LAKE CITY, UT 84145-0120 (801) 328-3600 Email: [email protected] TERMINATED: 05/24/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Rob Oborn TERMINATED: 08/05/2013
represented by Rob Oborn 4471 W HAVEN LN CEDAR HILLS, UT 84062 PRO SE
Ryan B. Frazier (See above for address) TERMINATED: 05/24/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara N. Becker (See above for address) TERMINATED: 05/24/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Todd Eaton TERMINATED: 08/05/2013
represented by Michael P. Barry CAMBIA HEALTH SOLUTIONS PO BOX 20720 M/S 70 SALT LAKE CITY, UT 84130-0270 (801)836-8436 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Earle Pasquill TERMINATED: 08/05/2013
represented by Bret W. Rawson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darin B. Goff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathaniel N. Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerald Abrams 1627 SCRUGGS RD WIRTZ, VA 24184 PRO SE
represented by Alan Andrus 5294 MERTOLA DR EL DORADO HILLS, CA 95762 PRO SE
Defendant
Gerald Abrams
Defendant
Mike Yosher TERMINATED: 08/05/2013
Defendant
Alan Andrus TERMINATED: 08/05/2013
Shawn H. Robinson COOK SKEEN & ROBINSON 5788 S 900 E SALT LAKE CITY, UT 84121-2178 (801)266-7414 Email: [email protected] TERMINATED: 10/22/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Jimmy Slagel
Defendant
FIC Foreclosure Fund TERMINATED: 08/05/2013
represented by Bret W. Rawson (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Darin B. Goff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathaniel N. Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
FIC Investment
Defendant
FIC Education
Defendant
FIC Management Group
Defendant
0749885 B.C.
Date Filed # Docket Text
10/26/2010 1 Case transferred in from USDC of Northern CA San Jose Division; Case Number C 10-01172 JW. Documents numbered 1-15 downloaded from PACER, copy of transfer order and docket sheet received., filed by Wendy Kwong, Vishal Sharma. Assigned to Judge David Sam (jlw) (Entered: 10/26/2010)
10/26/2010 2 File Received from USDC Northern California, San Jose Division consisting of Documents 1-15 (Attachments: # 1 Summons, # 2 Scheduling Order, # 3 Application for Pro Hac Vice, # 4 Clerk's Notice, # 5 Notice of Appearance, # 6 Motion to Transfer, # 7 Declaration, # 8 Stipulation, # 9 Disclosure, # 10 Order Granting Application for PHV, # 11 Clerk's Notice Cont Hearing, # 12 Order Vacating Case Management Conference, # 13 Plaintiff's Statement, # 14 Order Granting Deft's Motion, # 15 California Docket) (jlw) Modified by correcting the filing date on 11/18/2010 (rks). (Entered: 10/26/2010)
10/26/2010 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Perry Narancic, E. Jeffrey Banchero & Scott Raber, for Defendants Go Invest Wisely, Brad Hess, Pro Financial, Plaintiffs Wendy Kwong, Vishal Sharma (Attachments: # 1 PHV Letter) (jlw) (Entered: 10/26/2010)
10/26/2010 4 NOTICE of Substitution of Counsel by Go Invest Wisely, Brad Hess, Pro Financial (Lee, Joshua) (Entered: 10/26/2010)
10/29/2010 5 ANSWER to Complaint filed by Go Invest Wisely, Brad Hess, Pro Financial.(Lee, Joshua) (Entered: 10/29/2010)
11/16/2010
6 NOTICE OF HEARING : (Notice generated by Chambers DS, MC.) Status Report and Scheduling Conference set for 12/14/2010 02:00 PM in Room 420 before Judge David Sam. (jmr) (Entered: 11/16/2010)
12/14/2010
7 NOTICE of Appearance by Victor A. Sipos on behalf of Wendy Kwong, Vishal Sharma (Sipos, Victor) (Entered: 12/14/2010)
12/14/2010 8 MOTION for Admission Pro Hac Vice of Perry J. Narancic, Registration fee $ 15, receipt number 1088-1253819, filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 12/14/2010)
12/14/2010
12/17/2010
10 Minute Entry for proceedings held before Judge David Sam: Status Conference held on 12/14/2010. The court meets with counsel, in chambers. Counsel for plaintiff intends to file an amended complaint. Plaintiff is to transmit amended complaint to Mr. Lee by 12/24/10. Mr. Lee will have untilk 01/14/11 to decide if he will oppose the new complaint. Amended Pleadings due by 1/14/2011. Discovery on class certification is due by 3/15/2011. Mr. Sipos is to prepare and submit a scheduling order. Attorney for Plaintiff: Victor Sipos, Esq., Attorney for Defendant: Josh Lee, Esq. Court Reporter: none. (tab) (Entered: 12/20/2010)
9 SCHEDULING ORDER: Discovery due by 3/15/2011. See order for further details. Signed by Judge David Sam on 12/16/10. (jmr) (Entered: 12/17/2010)
12/24/2010 11 CERTIFICATE OF SERVICE by Wendy Kwong, Vishal Sharma Sharma's First Set of Discovery to GIW; Draft First Amended Complaint (Sipos, Victor) (Entered: 12/24/2010)
01/14/2011 12 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 01/14/2011)
01/14/2011 13 MEMORANDUM in Support re 12 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 01/14/2011)
01/26/2011 14 RESPONSE to Discovery Request from Go Invest Wisely, LLC filed by Defendant I Go Invest Wisely.(Lee, Joshua) (Entered: 01/26/2011)
01/28/2011 15 MEMORANDUM in Opposition re 12 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Defendants Go Invest Wisely, Brad Hess, Pro Financial. (Lee, Joshua) (Entered: 01/28/2011)
02/10/2011 16 REPLY to Response to Motion re 12 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 02/10/2011)
03/10/2011 17 ORDER granting 8 Motion for Admission Pro Hac Vice of Perry J. Narancic for Wendy Kwong,Perry J. Narancic for Vishal Sharma. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge David Sam on 3/8/11. (jmr) (Entered: 03/10/2011)
03/17/2011 18 ORDER granting 12 Motion for Leave to File First Amended Complaint filed by Plaintiffs Wendy Kwong, Vishal Sharma. Signed by Judge David Sam on 3/17/11. (jmr) (Entered: 03/18/2011)
03/18/2011
19 AMENDED COMPLAINT against All Plaintiffs with Jury Demand. New Defendants: (1) FIC FORECLOSURE FUND LTD.; (2) PEAK POTENTIALS TRAINING; (3) DBO MANAGEMENT SERVICES INC.; (4) BP PROPERTY MANAGEMENT; (5) TYRELL GRAY; (6) MICHAEL G. OBORN; (7) ROB OBORN; (8) TODD EATON; (9) EARLE PASQUILL; (10) GERALD ABRAMS; (11) MIKE YOSHER; (12) ALAN ANDRUS; (13) JIMMY SLAGEL; (14+) and DOES 1-300. , filed by Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 03/18/2011)
03/25/2011
04/13/2011
04/18/2011
04/20/2011
20 ANSWER to 19 Amended Complaint, filed by Go Invest Wisely, Brad Hess, Pro Financial.(Lee, Joshua) (Entered: 03/25/2011)
21 MOTION to Withdraw as Attorney filed by Defendants Go Invest Wisely, Brad Hess, Pro Financial. (Attachments: # 1 Text of Proposed Order)(Lee, Joshua) (Entered: 04/13/2011)
22 ERRATA to 21 MOTION to Withdraw as Attorney filed by Defendants Go Invest Wisely, Brad Hess, Pro Financial. (Lee, Joshua) (Entered: 04/18/2011)
23 ORDER GRANTING MOTION FOR WITHDRAWAL AS COUNSEL re 21 MOTION to Withdraw as Attorney filed by Brad Hess, Pro Financial, Go Invest Wisely, Motions terminated: 21 MOTION to Withdraw as Attorney filed by Brad Hess, Pro Financial, Go Invest Wisely. All litigation dates pursuant to the controlling scheduling order remain in effect. ( Scheduling Conference set for 5/24/2011 02:00 PM in Room 420 before Judge David Sam.) The action shall be stayed until twenty-one (21) days after entry of this order. The action shall be stayed until twenty-one (21) days after entry of this order. Signed by Judge David Sam on 4/20/11. (jmr) (Entered: 04/20/2011)
04/20/2011 24 Modification of Docket: Error: Order 23 sent to parties(Go Invest Wisely, Pro Financial Services and Brad Hess) at incorrect address. Order now sent to corrected address. (jmr) Modified on 4/20/2011-Sent to Pro Financial at Washington Blvd address too. (jmr). (Entered: 04/20/2011)
05/24/2011
05/25/2011
05/31/2011
06/13/2011
25 ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within ten days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge David Sam on 5/24/11. (jmr) (Entered: 05/25/2011)
26 RESPONSE TO ORDER TO SHOW CAUSE re 25 Order to Show Cause, filed by Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 05/25/2011)
27 NOTICE OF HEARING : (Notice generated by Chambers DS, MC.) Status Report and Scheduling Conference set for 7/19/2011 02:00 PM in Room 420 before Judge David Sam. (jmr) (Entered: 05/31/2011)
28 **RESTRICTED DOCUMENT** Summons Issued Electronically as to DBO Management Services, Mohawk Diversified. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (Attachments: # 1 Summons - DBO Management Services)(jlw) (Entered: 06/13/2011)
06/15/2011 29 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to DBO Management Services served on 6/14/2011, answer due 7/5/2011. (Sipos, Victor) (Entered: 06/15/2011)
06/20/2011
30 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Alan Andrus. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/20/2011)
06/20/2011
31 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Todd Eaton. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/20/2011)
06/20/2011
32 **RESTRICTED DOCUMENT** Summons Issued Electronically as to T. Harv Eker. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/20/2011)
06/20/2011
33 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Michael G. Oborn. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/20/2011)
06/20/2011
06/27/2011
34 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Tyrell Gray. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/20/2011)
35 **RESTRICTED DOCUMENT** Summons Issued Electronically as to John Hyland. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 06/27/2011)
06/30/2011 36 WAIVER OF SERVICE Returned Executed filed by Wendy Kwong, Vishal Sharma as to Mike Yosher Waiver sent on 6/9/2011, answer due 9/7/2011. (Sipos, Victor) (Entered: 06/30/2011)
06/30/2011 37 WAIVER OF SERVICE Returned Executed filed by Wendy Kwong, Vishal Sharma as to Freedom Investment Club Waiver sent on 6/30/2011, answer due 9/28/2011; Mike Lathigee Waiver sent on 6/30/2011, answer due 9/28/2011; Earle Pasquill Waiver sent on 6/30/2011, answer due 9/28/2011. (Sipos, Victor) (Entered: 06/30/2011)
07/05/2011 38 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Rob Oborn. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 07/05/2011)
07/06/2011
39 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Gerald Abrams. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (lnp) (Entered: 07/06/2011)
07/07/2011
07/07/2011
07/07/2011
40 **RESTRICTED DOCUMENT** Summons Issued Electronically as to Peak Potentials Traning. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jlw) (Entered: 07/07/2011)
41 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Michael G. Oborn served on 6/30/2011, answer due 7/21/2011. (Sipos, Victor) (Entered: 07/07/2011)
42 WAIVER OF SERVICE Returned Executed filed by Wendy Kwong, Vishal Sharma as to FIC Foreclosure Fund Waiver sent on 6/30/2011, answer due 9/28/2011. (Sipos, Victor) (Entered: 07/07/2011)
07/11/2011 43 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to John Hyland served on 7/6/2011, answer due 7/27/2011. (Sipos, Victor) (Entered: 07/11/2011)
07/11/2011 44 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Todd Eaton served on 7/6/2011, answer due 7/27/2011. (Sipos, Victor) (Entered: 07/11/2011)
07/11/2011 45 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Rob Oborn served on 7/6/2011, answer due 7/27/2011. (Sipos, Victor) (Entered: 07/11/2011)
07/12/2011 46 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Gerald Abrams served on 7/7/2011, answer due 7/28/2011. (Sipos, Victor) (Entered: 07/12/2011)
07/12/2011 47 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma (Sipos, Victor) (Entered: 07/12/2011)
07/12/2011 48 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Peak Potentials Traning served on 7/8/2011, answer due 7/29/2011. (Sipos, Victor) (Entered: 07/12/2011)
07/15/2011 49 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Alan Andrus served on 7/13/2011, answer due 8/3/2011. (Sipos, Victor) (Entered: 07/15/2011)
07/15/2011
07/15/2011
07/18/2011
07/18/2011
07/18/2011
07/19/2011
07/21/2011
50 MOTION for Extension of Time Service of Summons filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 07/15/2011)
51 MEMORANDUM in Support re 50 MOTION for Extension of Time Service of Summons filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 07/15/2011)
52 NOTICE of Appearance by Mark W. Pugsley on behalf of Peak Potentials Traning (Pugsley, Mark) (Entered: 07/18/2011)
53 NOTICE of Appearance by Maria E. Heckel on behalf of Peak Potentials Traning I (Heckel, Maria) (Entered: 07/18/2011)
54 NOTICE of Appearance by TJ England on behalf of Peak Potentials Traning (England, TJ) (Entered: 07/18/2011)
55 Minute Entry for proceedings held before Judge David Sam: Status Report and Scheduling Conference held on 7/19/2011. In chambers, discussion heard. Crt rules:- Grants, motion to extend time for 90 days.Crt will not consider filing of motion to certify until parties are ascertained. Clerks Office to verify status of case, as to whether, a stay is in place.Mr. Sipos to prepare & submit stipulated order. Attorney for Plaintiff: Victor A. Sipos, Attorney for Defendant: Mark Pugsley, T. J. England. Court Reporter: None Required.(Time Start: 2:00 PM, Time End: 2:20 PM, Room 420.) (mrw) (mrw). (Entered: 07/21/2011)
56 NOTICE of Appearance by Sara N. Becker on behalf of Michael G. Oborn, Rob Oborn (Becker, Sara) (Entered: 07/21/2011)
07/21/2011 57 Stipulated MOTION for Extension of Time to File Answer re 19 Amended Complaint, filed by Defendants Michael G. Oborn, Rob Oborn. (Attachments: # 1 Text of Proposed Order)(Becker, Sara) (Entered: 07/21/2011)
07/26/2011 58 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT-granting 57 Motion for Extension of Time to Answer. Answer deadline updated for Michael G. Oborn answer due 8/1/2011; Rob Oborn answer due 8/1/2011. Signed by Judge David Sam on 7/26/11. (jmr) (Entered: 07/26/2011)
08/01/2011
59 WAIVER OF SERVICE Returned Executed filed by Wendy Kwong, Vishal Sharma as to T. Harv Eker Waiver sent on 7/28/2011, answer due 9/26/2011. (Sipos, Victor) (Entered: 08/01/2011)
08/01/2011
08/01/2011
08/01/2011
60 STIPULATION re 48 Summons Returned Executed Extension of Time for Peak Potentials to Respond by Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 08/01/2011)
61 NOTICE of Appearance by Ryan B. Frazier on behalf of Michael G. Oborn, Rob Oborn (Frazier, Ryan) (Entered: 08/01/2011)
62 ANSWER to 19 Amended Complaint, filed by Michael G. Oborn, Rob Oborn.(Becker, Sara) (Entered: 08/01/2011)
08/02/2011
63 ORDER RE EXTENSION OF TIME TO SERVE SUMMONS-granting 50 Motion for Extension of Time. Signed by Judge David Sam on 8/2/11. (jmr) (Entered:
08/02/2011)
08/03/2011
64 Defendant Alan Andrus' ANSWER to 19 Amended Complaint, filed by Alan Andrus.(Robinson, Shawn) (Entered: 08/03/2011)
08/03/2011
65 Defendant Alan Andrus' ANSWER to 19 Amended Complaint, filed by Alan Andrus.(Robinson, Shawn) (Entered: 08/03/2011)
08/03/2011
66 Alan Andrus ANSWER to 19 Amended Complaint, filed by Alan Andrus.(Robinson, Shawn) (Entered: 08/03/2011)
08/04/2011 67 NOTICE OF ADR, e-mailed or mailed to Defendants Alan Andrus, Go Invest Wisely, Brad Hess, Michael G. Oborn, Rob Oborn, Peak Potentials Traning, Pro Financial, Plaintiffs Wendy Kwong, Vishal Sharma. (jmr) (Entered: 08/04/2011)
08/11/2011 68 MOTION for Extension of Time to File Answer re 19 Amended Complaint filed by Defendant John Hyland. (jmr) Modified on 8/11/2011 -should be amended complaint that this document is linked to.(jmr). (Entered: 08/11/2011)
08/11/2011 69 ORDER GRANTING JOHN HYLUND'S MOTION FOR EXTENSION OF TIME-granting 68 Motion for Extension of Time to Answer. Answer deadline updated for John Hyland answer due 9/2/2011. Signed by Judge David Sam on 8/11/11. (jmr) (Entered: 08/11/2011)
09/02/2011 70 NOTICE of Appearance by Stephen E. Thompson on behalf of John Hyland (Thompson, Stephen) (Entered: 09/02/2011)
09/02/2011 71 MOTION for Extension of Time File an Answer or responsive pleading to Amended Complaint filed by Defendant John Hyland. (Attachments: # 1 Text of Proposed Order)(Thompson, Stephen) (Entered: 09/02/2011)
09/06/2011
09/07/2011
09/09/2011
09/12/2011
09/22/2011
72 ORDER GRANTING DEFENDANT JOHN HYLAND'S MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER OR RESPONSIVE PLEADING-granting 71 Motion for Extension of Time. Signed by Judge David Sam on 9/6/11. (jmr) (Entered: 09/07/2011)
ANSWER DEADLINE UPDATED for John Hyland answer due 9/30/2011. (jmr) (Entered: 09/07/2011)
73 ANSWER to 19 Amended Complaint, filed by Todd Eaton.(Barry, Michael) (Entered: 09/09/2011)
74 NOTICE OF ADR, e-mailed or mailed to Defendant Todd Eaton. (jmr) (Entered: 09/12/2011)
75 MOTION for Extension of Time to File Answer re 19 Amended Complaint, filed by Defendant Gerald Abrams. (asp) (Entered: 09/23/2011)
09/23/2011 76 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Mohawk Diversified served on 9/23/2011, answer due 10/14/2011. (Sipos, Victor) (Entered: 09/23/2011)
09/26/2011 77 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Wendy Kwong, Vishal Sharma as to Tyrell Gray served on 9/21/2011, answer due 10/12/2011. (Sipos, Victor) (Entered: 09/26/2011)
09/26/2011 78 DEFENDANT PEAK POTENTIAL TRAINING AND T. HARV EKER'S ANSWER to 19 Amended Complaint, filed by T. Harv Eker, Peak Potentials Traning.(England, TJ) (Entered: 09/26/2011)
09/27/2011
09/27/2011
09/27/2011
79 NOTICE of Appearance by Bret W. Rawson on behalf of FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill (Rawson, Bret) (Entered: 09/27/2011)
80 NOTICE of Appearance by Darin B. Goff on behalf of FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill (Goff, Darin) (Entered: 09/27/2011)
81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF filed by Defendants FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rawson, Bret) (Entered: 09/27/2011)
09/27/2011
09/30/2011
10/18/2011
10/18/2011
82 ORDER granting 75 Motion for Extension of Time to Answer. Signed by Judge David Sam on 9/27/11. (jmr) (Entered: 09/27/2011)
83 MOTION to Dismiss filed by Defendant John Hyland. (Thompson, Stephen) (Entered: 09/30/2011)
84 MOTION to Dismiss filed by Defendant Gerald Abrams. (jmr) (Entered: 10/18/2011)
85 DOCUMENTS LODGED consisting of Dft Mohawk Diversified Motion to Dismiss lodged. (jmr) (Entered: 10/19/2011)
10/26/2011 86 MOTION for Extension of Time to File Response/Reply as to 83 MOTION to Dismiss, 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF , 84 MOTION to Dismiss, 85 Lodged Document filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 10/26/2011)
11/02/2011 87 ORDER granting 86 Motion for Extension of Time to File Response/Reply re 86 MOTION for Extension of Time to File Response/Reply as to 83 MOTION to Dismiss, 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF , 84 MOTION to Dismiss, 85 Lodged Document MOTION for Extension of Time to File Response/Reply as to 83 MOTION to Dismiss, 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF , 84 MOTION to Dismiss, 85 Lodged Document. Responses due by 11/18/2011. Signed by Judge David Sam on 11/2/11. (jmr) (Entered: 11/02/2011)
11/04/2011 88 MOTION for Admission Pro Hac Vice of Brian E. Dickerson, Registration fee $ 15, receipt number 1088-1467695, filed by Defendant John Hyland. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Thompson, Stephen) (Entered: 11/04/2011)
11/04/2011 89 MOTION for Admission Pro Hac Vice of Jonathan R. Secrest, Registration fee $ 15, receipt number 1088-1467696, filed by Defendant John Hyland. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Thompson, Stephen) (Entered: 11/04/2011)
11/09/2011 90 ORDER granting 88 Motion for Admission Pro Hac Vice of Brian E. Dickerson for John Hyland.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge David Sam on 11/8/11. (jmr) (Entered: 11/09/2011)
11/18/2011 91 MOTION for Leave to File Excess Pages filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 11/18/2011)
11/18/2011
11/28/2011
92 RESPONSE to Motion re 83 MOTION to Dismiss, 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF , 84 MOTION to Dismiss filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 11/18/2011)
93 ORDER granting 91 Motion for Leave to File Excess Pages. Signed by Judge David Sam on 11/22/11. (jmr) (Entered: 11/28/2011)
12/01/2011 94 MOTION for Extension of Time to File Response/Reply {Stipulated Motion to Extend Time to File a Reply Memorandum} filed by Defendant John Hyland. (Dickerson, Brian) (Entered: 12/01/2011)
12/09/2011 95 ORDER granting 94 Motion for Extension of Time to File Response/Reply. Replies due by 12/16/2011. Signed by Judge David Sam on 12/8/11. (jmr) (Entered: 12/09/2011)
12/09/2011
12/16/2011
12/16/2011
12/21/2011
96 ORDER granting 89 Motion for Admission Pro Hac Vice of Jonathan R. Secrest for John Hyland. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge David Sam on 12/8/11. (jmr) (Entered: 12/09/2011)
97 REPLY to Response to Motion re 83 MOTION to Dismiss filed by Defendant John Hyland. (Secrest, Jonathan) (Entered: 12/16/2011)
98 Stipulated MOTION for Extension of Time To File A Reply Memorandum filed by Defendants FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill. (Rawson, Bret) (Entered: 12/16/2011)
99 ORDER granting 98 Motion for Extension of Time. Signed by Judge David Sam on 12/21/11. (jmr) (Entered: 12/21/2011)
01/20/2012 100 REPLY to Response to Motion re 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MEMORANDUM IN SUPPORT THEROF filed by Defendants FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill. (Attachments: # 1 Exhibit A - Bulk Foreclosure Purchasing Agreement)(Nelson, Nathaniel) (Entered: 01/20/2012)
03/03/2012 101 MOTION for Leave to File Overlength Brief filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 03/03/2012)
03/03/2012 102 MOTION to Certify Class filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 03/03/2012)
03/03/2012 103 MEMORANDUM in Support re 102 MOTION to Certify Class filed by Plaintiffs
Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 03/03/2012)
03/03/2012 104 CERTIFICATE OF SERVICE by Wendy Kwong, Vishal Sharma re 101 MOTION for Leave to File Overlength Brief , 103 Memorandum in Support of Motion, 102 MOTION to Certify Class (Sipos, Victor) (Entered: 03/03/2012)
03/08/2012 105 NOTICE of Appearance by Eric G. Benson on behalf of T. Harv Eker, Peak Potentials Traning (Benson, Eric) (Entered: 03/08/2012)
03/09/2012 106 ORDER granting 101 Motion for Leave to File Lengthy Memorandum. Signed by Judge David Sam on 3/8/12. (jmr) (Entered: 03/09/2012)
03/14/2012 107 Defendant's MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class filed by Defendants T. Harv Eker, Peak Potentials Traning. (Attachments: # 1 Text of Proposed Order)(Benson, Eric) (Entered: 03/14/2012)
03/16/2012 108 MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class filed by Defendant John Hyland. (Attachments: # 1 Text of Proposed Order)(Secrest, Jonathan) (Entered: 03/16/2012)
03/21/2012 109 ORDER of Extension-granting 107 Motion for Extension of Time to File Response/Reply re 107 Defendant's MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class Responses due by 3/30/2012. Signed by Judge David Sam on 3/21/12. (jmr) (Entered: 03/21/2012)
03/21/2012 110 ORDER granting 108 Motion for Extension of Time to File Response/Reply re 108 MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class . Replies due by 4/20/2012. Signed by Judge David Sam on 3/21/12. (jmr) (Entered: 03/21/2012)
03/23/2012 111 MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class filed by Defendants T. Harv Eker, Peak Potentials Traning. (Attachments: # 1 Text of Proposed Order)(Benson, Eric) (Entered: 03/23/2012)
03/28/2012 112 ORDER granting 111 Motion for Extension of Time to File Response/Reply re 111 MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Certify Class . Responses due by 4/20/2012. Signed by Judge David Sam on 3/27/12. (jmr) (Entered: 03/28/2012)
04/16/2012 113 AMENDED COMPLAINT Second Amended Complaint against All Defendants., filed by Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 04/16/2012)
04/19/2012 114 ORDER on Defendants' Motions to Dismiss-granting in part 81 Motion to Dismiss for Failure to State a Claim ; granting 83 Motion to Dismiss ; Plaintiffs are granted leave to file an Amended Complaint with any such Amended Complaint being due for filing on or before April 16, 2012, denying 84 Motion to Dismiss. Defendant John Hyland is permitted an extension of time to file any opposition to Plaintiffs' Motion to Certify Class until such time as he files an answer to any Amended Complaint filed by Plaintiffs. Signed by Judge David Sam on 4/18/12. (jmr) (Entered: 04/19/2012)
04/20/2012 115 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Overlength Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by Defendants T. Harv Eker, Peak Potentials Traning. (Attachments: # 1 Text of Proposed Order)(Benson, Eric) (Entered: 04/20/2012)
04/20/2012 116 MEMORANDUM in Opposition re 102 MOTION to Certify Class filed by Defendants T. Harv Eker, Peak Potentials Traning. (Attachments: # 1 Exhibit 1)(Benson, Eric) (Entered: 04/20/2012)
04/23/2012 117 Mail Returned as Undeliverable. Unable to forward. Mail sent to Go Invest Wisely. (kpf) (Entered: 04/23/2012)
04/27/2012 118 ORDER granting 115 Motion for Leave to File Excess Pages. Defendants may file their memorandum in opposition containing 24 pages of legal argument in this matter. Signed by Judge David Sam on 4/26/12. (jmr) (Entered: 04/27/2012)
04/30/2012 119 First MOTION to Dismiss Second Amended Complaint filed by Defendant John Hyland. (Attachments: # 1 Text of Proposed Order)(Dickerson, Brian) (Entered: 04/30/2012)
04/30/2012 120 First MOTION for Leave to File Excess Pages filed by Defendant John Hyland. (Attachments: # 1 Text of Proposed Order)(Dickerson, Brian) (Entered: 04/30/2012)
05/02/2012 121 MOTION for Extension of Time to File Response/Reply as to 116 Memorandum in Opposition to Motion, 102 MOTION to Certify Class filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 05/02/2012)
05/03/2012
05/03/2012
122 ANSWER to 113 Amended Complaint Second Amended Complaint filed by T. Harv Eker, Peak Potentials Traning.(Benson, Eric) (Entered: 05/03/2012)
123 ANSWER to 113 Amended Complaint with Jury Demand filed by FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill.(Nelson, Nathaniel) (Entered: 05/03/2012)
05/04/2012 124 Mail Returned as Undeliverable. Unable to locate Mail sent to Go Invest Wisely. (kpf) (Entered: 05/04/2012)
05/07/2012 125 Michael G. Oborn and Rob Oborn's ANSWER to 113 Amended Complaint filed by Michael G. Oborn, Rob Oborn.(Becker, Sara) (Entered: 05/07/2012)
05/11/2012 126 ORDER Re Extension of Time to File Reply to Motion for Class Certification- granting 121 Motion for Extension of Time to File Response/Reply re 121 MOTION for Extension of Time to File Response/Reply as to 116 Memorandum in Opposition to Motion, 102 MOTION to Certify Class . Replies due by 5/14/2012. Signed by Judge David Sam on 5/10/12. (jmr) (Entered: 05/11/2012)
05/11/2012
127 ORDER granting John Hyland's 120 Motion for Leave to File Excess Pages. Signed by Judge David Sam on 5/10/12. (jmr) (Entered: 05/11/2012)
05/14/2012
128 ANSWER to 113 Amended Complaint filed by Alan Andrus.(Robinson, Shawn) (Entered: 05/14/2012)
05/14/2012 129 Plaintiff's MOTION for Leave to File Excess Pages re Reply to Motion to Certify Class filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 05/14/2012)
05/14/2012
130 REPLY to Response to Motion re 102 MOTION to Certify Class filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 05/14/2012)
05/16/2012 131 ORDER granting 129 Motion for Leave to File Excess Pages. Signed by Judge David
Sam on 5/15/12. (jmr) (Entered: 05/16/2012)
05/16/2012 132 Mail Returned as Undeliverable. Mail sent to Go Invest Wisely, moved - left no address, unable to forward. (djs) (Entered: 05/16/2012)
06/01/2012 133 MOTION for Leave to File Excess Pages in Opposition to Hyland's Motion to Dismiss filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Text of Proposed Order)(Sipos, Victor) (Entered: 06/01/2012)
06/01/2012 134 MEMORANDUM in Opposition re 119 First MOTION to Dismiss Second Amended Complaint filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 06/01/2012)
06/01/2012 135 Stipulated MOTION for Scheduling Order filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 06/01/2012)
06/06/2012 136 Scheduling ORDER- granting 135 Motion for Scheduling Order. Signed by Judge David Sam on 6/5/12. (jmr) (Entered: 06/06/2012)
06/06/2012 137 ORDER granting 133 Motion for Leave to File Excess Pages. Plaintiffs may file a 20- page brief Opposition Memorandum. Signed by Judge David Sam on 6/5/12. (jmr) (Entered: 06/06/2012)
06/15/2012 138 MOTION for Leave to File Excess Pages filed by Defendant John Hyland. (Dickerson, Brian) (Entered: 06/15/2012)
06/15/2012 139 REPLY to Response to Motion re 119 First MOTION to Dismiss Second Amended Complaint filed by Defendant John Hyland. (Dickerson, Brian) (Entered: 06/15/2012)
06/20/2012 140 ORDER granting 138 Motion for Leave to File Excess Pages. Signed by Judge David Sam on 6/20/12. (jmr) (Entered: 06/20/2012)
06/26/2012 141 NOTICE OF HEARING ON MOTION re: 119 First MOTION to Dismiss Second Amended Complaint , 102 MOTION to Certify Class : (Notice generated by Chambers DS, MC.) Motion Hearing set for 7/10/2012 01:00 PM in Room 420 before Judge David Sam. (jmr) (Entered: 06/26/2012)
06/28/2012 NOTICE VACATING Motion HEARING set for July 10, 2012 at 1:00 p.m. before Judge David Sam (Notice generated by Chambers DS) Please note: This hearing will be rescheduled. (jmr) (Entered: 06/28/2012)
07/10/2012 142 NOTICE OF HEARING ON MOTION re: 119 First MOTION to Dismiss Second Amended Complaint , 102 MOTION to Certify Class : (Notice generated by Chambers DS, MC.) Motion Hearing set for 7/31/2012 01:00 PM before Judge David Sam. (jmr) (Entered: 07/10/2012)
07/31/2012 144 Minute Entry for proceedings held before Judge David Sam: Motion Hearing held on 7/31/2012 re 119 First MOTION to Dismiss Second Amended Complaint filed by John Hyland, 102 MOTION to Certify Class filed by Wendy Kwong, Vishal Sharma. After hearing argument from counsel, the court DENIES motion to certify class. Mr. Benson is directed to prepare and submit order. Motion is dismiss is also DENIED and Mr. Sipos is directed to prepare and submit an order. Attorney for Plaintiff: Victor Sipos, Esq;, Attorney for Defendant: Eric Benson, Esq; Jonathan Secrest, Esq. Court Reporter: Mindy Monson. (tab) (Entered: 08/06/2012)
08/01/2012 143 NOTICE of [Proposed] Findings and Order Re: Motion for Class Certification by T. Harv Eker, Peak Potentials Traning (Benson, Eric) (Entered: 08/01/2012)
08/15/2012 145 Findings and ORDER RE: Motion for Class Certification-denying 102 Motion to Certify Class. See order for details. Signed by Judge David Sam on 8/14/12. (jmr) (Entered: 08/15/2012)
09/27/2012 146 MOTION for Scheduling Order filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Order)(Sipos, Victor) (Entered: 09/27/2012)
10/01/2012 147 First Amended Scheduling ORDER-granting 146 Motion for Scheduling Order. Amended Pleadings due by 1/4/2013. Joinder of Parties due by 1/4/2013. Discovery due by 5/17/2013. Motions due by 6/7/2013. Final Pretrial Conference set for 10/3/2013 02:00 PM in Room 420 before Judge David Sam. Jury Trial set for 10/23/2013 08:30 AM in Room 420 before Judge David Sam. Signed by Judge David Sam on 10/1/12. (jmr) (Entered: 10/01/2012)
10/05/2012 148 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by TJ England.Attorney TJ England will no longer receive notice from the court in this case including final judgment. (England, TJ) (Entered: 10/05/2012)
10/17/2012 149 MOTION to Withdraw as Attorney filed by Defendant Alan Andrus. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Robinson, Shawn) (Entered: 10/17/2012)
10/22/2012 150 ORDER granting 149 Motion to Withdraw as Attorney. Attorney Shawn H. Robinson withdrawn from case for Alan Andrus. Signed by Judge David Sam on 10/18/2012. (asp) (Entered: 10/22/2012)
10/26/2012 151 CERTIFICATE OF SERVICE by FIC Foreclosure Fund, Freedom Investment Club, Mike Lathigee, Earle Pasquill INITIAL DISCLOSURES (Nelson, Nathaniel) (Entered: 10/26/2012)
02/06/2013 152 NOTICE OF HEARING : (Notice generated by Chambers DS, SS.) Status Report and Scheduling Conference set for 2/11/2013 02:30 PM in Room 420 before Judge David Sam. Out-of-town counsel may appear by telephone. (jmr) (Entered: 02/06/2013)
02/11/2013 153 NOTICE of Appearance by Adam D. Wentz on behalf of T. Harv Eker, Peak Potentials Traning (Wentz, Adam) (Entered: 02/11/2013)
02/11/2013 154 Stipulated MOTION for Scheduling Order filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 02/11/2013)
02/11/2013 156 Minute Entry for proceedings held before Judge David Sam: Status Conference held in chambers on 2/11/2013, off the record. Mrl Sipos advised the Court that pla has engaged a mediator to help resolve the case and requested an extension of the discovery deadline to allow time to take the necessary depositions. Mr. Secrest advised the Court that he would not raise an objection to the extension; all other parties stipulated to the extension. Court granted the motion to extend all dates by 13 weeks, with the exception of the Final Pretrial conference and the Trial dates. The order was executed in open court. Attorney for Plaintiff: Victor Sipos. Attorney for Defendants: Jonathan Secrest, by phone; Adam Wentz & Adam Kaas. Court Reporter: Clark Edwards of Thacker & Co.. (kmj) (Entered: 02/14/2013)
02/12/2013
155 ORDER granting 154 Motion for Scheduling Order. All dates and deadlines in the First Amended Scheduling Order are continued by thirteen weeks, except as provided below. The Final Pretrial Conference scheduled for October 3, 2013 and the jury trial scheduled to begin on October 23,2013 shall not be continued except by future order of the Court. Signed by Judge David Sam on 2/11/13. (jmr) (Entered: 02/12/2013)
04/08/2013 157 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Exhibit Exs 1-7, # 2 Exhibit Exs 8-14, # 3 Exhibit Exs 15-21)(Sipos, Victor) (Entered: 04/08/2013)
04/16/2013 158 MOTION to Compel further discovery responses and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 04/16/2013)
04/26/2013 159 Stipulated MOTION for Extension of Time to File Response/Reply as to 158 MOTION to Compel further discovery responses and Memorandum in Support filed by Defendants T. Harv Eker, Peak Potentials Traning. (Attachments: # 1 Text of Proposed Order)(Benson, Eric) (Entered: 04/26/2013)
04/29/2013 160 ORDER granting 159 Motion for Extension of Time to File Response/Reply re 158 MOTION to Compel further discovery responses and Memorandum in Support. Responses due by 5/6/2013. Signed by Judge David Sam on 04/29/2013. (asp) (Entered: 04/30/2013)
05/06/2013 161 MOTION Entry of Order re 119 First MOTION to Dismiss Second Amended Complaint, 144 Motion Hearing,, filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 05/06/2013)
05/06/2013 162 WITHDRAWAL OF MOTION by Plaintiffs Wendy Kwong, Vishal Sharma re 158 MOTION to Compel further discovery responses and Memorandum in Support filed by Wendy Kwong, Vishal Sharma . (Sipos, Victor) (Entered: 05/06/2013)
05/08/2013 163 MOTION for Scheduling Order and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 05/08/2013)
05/10/2013 164 ORDER re 119 First MOTION to Dismiss Second Amended Complaint filed by John Hyland, 161 MOTION Entry of Order re 119 First MOTION to Dismiss Second Amended Complaint , 144 Motion Hearing,, filed by Wendy Kwong, Vishal Sharma. Defendant Hyland shall file an answer to the Second Amended Complaint within ten days of this order. Signed by Judge David Sam on 5/10/13. (jmr) (Entered: 05/10/2013)
05/10/2013 165 ORDER granting 163 Motion for Scheduling Order Discovery due by 10/1/2013. Motions due by 8/16/2013. Final Pretrial Conference set for 11/25/2013 01:30 PM in Room 420 before Judge David Sam. Jury Trial set for 12/9/2013 08:30 AM in Room 420 before Judge David Sam. Signed by Judge David Sam on 5/10/13. (jmr) (Entered: 05/10/2013)
05/16/2013 166 Mail Returned as Undeliverable. Unable to forward. Mail sent to Go Invest Wisely (kpf) (Entered: 05/17/2013)
05/20/2013 167 MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendants Michael G. Oborn, Rob Oborn. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Withdrawal of Counsel)(Becker, Sara) (Entered: 05/20/2013)
05/20/2013 168 ANSWER to 113 Amended Complaint filed by John Hyland.(Dickerson, Brian) (Entered: 05/20/2013)
05/22/2013 169 MOTION Identify Doe Defendants 1-4 and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Attachments: # 1 Exhibit Exs. 1-21)(Sipos, Victor) (Entered: 05/22/2013)
05/24/2013 170 ORDER granting 167 Motion to Withdraw as Attorney. Attorney Sara N. Becker and Ryan B. Frazier withdrawn from case for Michael Oborn and Rob Oborn. Signed by Judge David Sam on 5/23/13. (jmr) (Entered: 05/24/2013)
05/29/2013 171 CERTIFICATE OF SERVICE by Mike Lathigee Responses to Plaintiff Kwong's First Set of Discovery to Defendant Mike Lathigee (Nelson, Nathaniel) (Entered: 05/29/2013)
05/31/2013 172 MEMORANDUM in Opposition re 157 MOTION for Partial Summary Judgment filed by Defendants Freedom Investment Club, Mike Lathigee. (Nelson, Nathaniel) (Entered: 05/31/2013)
06/03/2013 173 AFFIDAVIT/DECLARATION of Mike Lathigee in Opposition re 157 MOTION for Partial Summary Judgment filed by Defendant Mike Lathigee. (Nelson, Nathaniel) (Entered: 06/03/2013)
06/12/2013 174 NOTICE of Appearance Pro Se by Michael G. Oborn, Rob Oborn (alt) (Entered: 06/12/2013)
06/14/2013 175 REPLY to Response to Motion re 157 MOTION for Partial Summary Judgment filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 06/14/2013)
06/28/2013 176 REPLY to Response to Motion re 169 MOTION Identify Doe Defendants 1-4 and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 06/28/2013)
07/09/2013 177 ORDER granting 169 Motion Identify Doe Defendants 1-4. See Order for details. Signed by Judge David Sam on 7/8/13. (jmr) (Entered: 07/09/2013)
08/01/2013 178 Stipulated MOTION to Dismiss Party Freedom Investment Club, Ltd., FIC Foreclosure Fund, Ltd., Michael Lathigee, Earle Pasquill, Peak Potentials Training, T. Harv Eker, Go Invest Wisely, LLC, Pro Financial Services, Inc., Brad Hess, Tyrell Gray, Michael G. Oborn, Rob Oborn, Todd Eaton, Mike Yosher, Alan Andrus, and Mike Yosher and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 08/01/2013)
08/01/2013 179 Stipulated MOTION to Stay re 165 Order on Motion for Scheduling Order, and Memorandum in Support filed by Plaintiffs Wendy Kwong, Vishal Sharma. (Sipos, Victor) (Entered: 08/01/2013)
08/05/2013 180 ORDER granting 178 Motion to Dismiss Party. T. Harv Eker, FIC Foreclosure Fund, Freedom Investment Club (a British Columbia corporation), Go Invest Wisely, Tyrell Gray, Brad Hess, Mike Lathigee, Michael G. Oborn, Rob Oborn, Earle Pasquill, Peak Potentials Traning, Pro Financial (a Utah corporation), Mike Yosher, Alan Andrus and Todd Eaton terminated. Signed by Judge David Sam on 8/5/13. (jmr) (Entered: 08/05/2013)
08/05/2013 181 ORDER granting 179 Motion to Stay for until either 5/5/14 or an earlier date upon the filing of a motion to lift the stay. Signed by Judge David Sam on 8/5/13. (jmr) (Entered: 08/05/2013)
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