Electronic Case Filing System District of Utah (Central) CIVIL...

US District Court Civil Docket as of 04/16/2012 Retrieved from the court on April 17, 2012

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 MUMFORD RAWSON & BATES PLLC

15 W SOUTH TEMPLE STE 1000 SALT LAKE CITY, UT 84101 (801)428-2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darin B. Goff MUMFORD RAWSON & BATES PLLC 15 W SOUTH TEMPLE STE 1000 SALT LAKE CITY, UT 84101 (801)428-2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nathaniel N. Nelson MUMFORD RAWSON & BATES PLLC 15 W SOUTH TEMPLE STE 1000 SALT LAKE CITY, UT 84101 (801)428-2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Mohawk Diversified a Utah limited liability company

Defendant

Go Invest Wisely represented by Go Invest Wisely 2637 N WASHINGTON BLVD STE 131 NORTH OGDEN, UT 84414 PRO SE

Barry N. Johnson 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

represented by Pro Financial 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

T. Harv Eker represented by 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 RAY QUINNEY & NEBEKER (SLC) 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 ATTORNEY TO BE NOTICED

Defendant

Mike Lathigee 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

Brad Hess 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 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 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

Defendant

Michael G. Oborn represented by Ryan B. Frazier KIRTON & MCCONKIE 60 E SO TEMPLE STE 1800 SALT LAKE CITY, UT 84111-1004 (801)328-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara N. Becker KIRTON & MCCONKIE 60 E SO TEMPLE STE 1800 SALT LAKE CITY, UT 84111-1004 (801)328-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Rob Oborn represented by Ryan B. Frazier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara N. Becker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

represented by Bret W. Rawson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Todd Eaton

Defendant

Earle Pasquill



Defendant

Gerald Abrams represented by Gerald Abrams 1627 SCRUGGS RD WIRTZ, VA 24184

PRO SE

Defendant

Mike Yosher

Defendant

Alan Andrus represented by Shawn H. Robinson COOK SKEEN & ROBINSON 5788 S 900 E SALT LAKE CITY, UT 84121-2178 (801)266-7414 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Jimmy Slagel

Defendant

FIC Foreclosure Fund represented by Bret W. Rawson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



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

11/16/2010

12/14/2010

5 ANSWER to Complaint filed by Go Invest Wisely, Brad Hess, Pro Financial.(Lee, Joshua) (Entered: 10/29/2010)

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)

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 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

03/25/2011

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)

20 ANSWER to 19 Amended Complaint, filed by Go Invest Wisely, Brad Hess, Pro Financial.(Lee, Joshua) (Entered: 03/25/2011)

04/13/2011 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)

04/18/2011 22 ERRATA to 21 MOTION to Withdraw as Attorney filed by Defendants Go Invest

I Wisely, Brad Hess, Pro Financial. (Lee, Joshua) (Entered: 04/18/2011)

04/20/2011 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 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)

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)

05/31/2011 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)

06/13/2011 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

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)

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.

FT 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 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)

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)

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 (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

08/03/2011

08/03/2011

64 Defendant Alan Andrus' ANSWER to 19 Amended Complaint, filed by Alan Andrus.(Robinson, Shawn) (Entered: 08/03/2011)

65 Defendant Alan Andrus' ANSWER to 19 Amended Complaint, filed by Alan Andrus.(Robinson, Shawn) (Entered: 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

09/02/2011

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)

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

72 I 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)

09/12/2011 74 NOTICE OF ADR, e-mailed or mailed to Defendant Todd Eaton. (jmr) (Entered:

09/12/2011)

09/22/2011

09/23/2011

75 MOTION for Extension of Time to File Answer re 19 Amended Complaint, filed by Defendant Gerald Abrams. (asp) (Entered: 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

09/27/2011

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)

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)

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)

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

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)

10/18/2011

10/18/2011

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 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)

11/28/2011 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 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)

12/16/2011 97 REPLY to Response to Motion re 83 MOTION to Dismiss filed by Defendant John Hyland. (Secrest, Jonathan) (Entered: 12/16/2011)

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)

12/21/2011 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)

Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html

Electronic Case Filing System District of Utah (Central) CIVIL...

Documents

Transcript of Electronic Case Filing System District of Utah (Central) CIVIL...