This case was last updated from PACER on 02/02/2020 at 08:16:58 (UTC).

Miller et al v. Jacobson et al

Case Summary

On 12/04/2019 Miller filed an Other lawsuit against Jacobson. This case was filed in U.S. District Courts, Utah District. The Judge overseeing this case is Bruce S. Jenkins. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00956

  • Filing Date:

    12/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    U.S. District Courts

  • Courthouse:

    Utah District

Judge Details

Presiding Judge

Bruce S. Jenkins

 

Party Details

Plaintiffs

Rocky Mountain Advisory

Gil A. Miller

David N. Bateman

Defendants

Allen Jacobson

Wendell Jacobson

Attorney/Law Firm Details

Plaintiff Attorneys

Doyle S. Byers

Attorney at HOLLAND & HART LLP

222 S Main St Ste 2200

Salt Lake City, UT 84101

Cory A. Talbot

Attorney at HOLLAND & HART LLP

222 S Main St Ste 2200

Salt Lake City, UT 84101

David K. Broadbent

Attorney at HOLLAND & HART LLP

222 S Main St Ste 2200

Salt Lake City, UT 84101

Nathan Archibald

Attorney at HOLLAND & HART LLP

222 S Main St Ste 2200

Salt Lake City, UT 84101

Defendant Attorneys

Rodney R. Parker

Attorney at SNOW CHRISTENSEN & MARTINEAU

10 Exchange Place 11Th Fl, Po Box 45000

Salt Lake City, UT 84145-5000

Samuel Alba

Attorney at SNOW CHRISTENSEN & MARTINEAU

10 Exchange Place 11Th Fl, Po Box 45000

Salt Lake City, UT 84145-5000

 

Court Documents

#17

(#17) Acknowledgement of ServiceWAIVER OF SERVICE Returned Executed filed by Gil A. Miller, David N. Bateman as to Allen Jacobson Waiver sent on 1/17/2020, answer due 2/17/20203/17/2020; Wendell Jacobson Waiver sent on 1/17/2020, answer due 2/17/20203/17/2020. (Talbot, Cory) Modified on 1/27/2020-modified per call from attorney's office (jmr). (Entered: 01/24/2020)

#16

(#16) ORDER denying #4 Motion for TRO. Signed by Judge Bruce S. Jenkins on 12/27/2019. (las) (Entered: 12/30/2019)

#15

RESTRICTED

#14

RESTRICTED

#13

(#13) Modification of Docket: Correction: Attached approved minute entry. re #12 Motion Hearing. (kpf) (Entered: 12/23/2019)

#12

(#12) Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 12/12/2019 re #4 Amended MOTION for Temporary Restraining Order and Memorandum in Support filed by Rocky Mountain Advisory, Gil A. Miller, David N. Bateman. Attorney for Plaintiff: Cory A. Talbot, Doyle S. Byers, Nathan Archibald, Attorney for Defendant: Rodney R. Parker, Samuel Alba. Court Reporter: Becky Janke.(kpf) Modified to add text and image on 12/23/2019 (kpf). (Entered: 12/12/2019)

11 #16

Exhibit Ex. AA - 2017-05-12 Joint Motion to Disqualify RMA

11 #15

Exhibit Ex. AA - 2017-05-12 Joint Motion to Disqualify RMA

11 #14

Exhibit Ex. Z - 2015-12-16 Prelim Hr'g

11 #13

Exhibit Ex. Y - 2017-09-19 Transcript of Motion to Disqualify

11 #12

Exhibit Ex. X - 2018-01-26 State's Memo in Opp

11 #10

Exhibit Ex. V - Docket, State v. Jacobson

11 #9

Exhibit Ex. U - 2014-04-15 Order Substituting Receiver

11 #7

Exhibit Ex. S - 2014-03-12 Order Approving Settlement

11 #4

Exhibit Ex. P - 2013-06-17 Ponzi Hearing Transcript

11 #3

Exhibit Ex. O - 2012-12-19 Minute Entry, SEC v. MSI

11 #2

Exhibit Ex. N - 2012-10-11 Letter to Miller re Subpoena

#4

(#4) Amended MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs David N. Bateman, Gil A. Miller, Rocky Mountain Advisory. Attorney Nathan Archibald added to party David N. Bateman(pty:pla), Attorney Nathan Archibald added to party Gil A. Miller (pty:pla), Attorney Nathan Archibald added to party Rocky Mountain Advisory(pty:pla)(Archibald, Nathan) (Entered: 12/05/2019)

71 More Documents Available

 

Docket Entries

  • 01/27/2020
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  • DocketANSWER DEADLINE UPDATED for Allen Jacobson answer due 2/17/2020; Wendell Jacobson answer due 2/17/2020 per #17 and call from attorney's office. (jmr) (Entered: 01/27/2020)

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  • 01/24/2020
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  • Docket(#17) Acknowledgement of ServiceWAIVER OF SERVICE Returned Executed filed by Gil A. Miller, David N. Bateman as to Allen Jacobson Waiver sent on 1/17/2020, answer due 2/17/20203/17/2020; Wendell Jacobson Waiver sent on 1/17/2020, answer due 2/17/20203/17/2020. (Talbot, Cory) Modified on 1/27/2020-modified per call from attorney's office (jmr). (Entered: 01/24/2020)

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  • 12/30/2019
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  • Docket(#16) ORDER denying #4 Motion for TRO. Signed by Judge Bruce S. Jenkins on 12/27/2019. (las) (Entered: 12/30/2019)

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  • 12/23/2019
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  • Docket(#15) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Allen Jacobson. 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. (tlh) (Entered: 12/23/2019)

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  • 12/23/2019
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  • Docket(#14) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Wendell Jacobson. 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. (tlh) (Entered: 12/23/2019)

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  • 12/23/2019
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  • Docket(#13) Modification of Docket: Correction: Attached approved minute entry. re #12 Motion Hearing. (kpf) (Entered: 12/23/2019)

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  • 12/12/2019
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  • Docket(#12) Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 12/12/2019 re #4 Amended MOTION for Temporary Restraining Order and Memorandum in Support filed by Rocky Mountain Advisory, Gil A. Miller, David N. Bateman. Attorney for Plaintiff: Cory A. Talbot, Doyle S. Byers, Nathan Archibald, Attorney for Defendant: Rodney R. Parker, Samuel Alba. Court Reporter: Becky Janke.(kpf) Modified to add text and image on 12/23/2019 (kpf). (Entered: 12/12/2019)

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  • 12/11/2019
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  • Docket(#11) EXHIBITS filed by Allen Jacobson, Wendell Jacobson re #9 Memorandum in Opposition to Motion. (Attachments: #1 Exhibit Ex. M - 2012-10-10 Memo in Support Corrected Objection and Motion to Quash, #2 Exhibit Ex. N - 2012-10-11 Letter to Miller re Subpoena, #3 Exhibit Ex. O - 2012-12-19 Minute Entry, SEC v. MSI, #4 Exhibit Ex. P - 2013-06-17 Ponzi Hearing Transcript, #5 Exhibit Ex. Q - 2014-03-11 Mot for Order Auth Receiver to Retain RMA, #6 Exhibit Ex. R - 2014-03-12 Mot and MIS of Mot to Approve Settlement with RQN, #7 Exhibit Ex. S - 2014-03-12 Order Approving Settlement, #8 Exhibit Ex. T - 2014-03-31 SEC Motion to Appoint Sucessor Receiver, #9 Exhibit Ex. U - 2014-04-15 Order Substituting Receiver, #10 Exhibit Ex. V - Docket, State v. Jacobson, #11 Exhibit Ex. W - 2018-07-06 State's Opp to Joint Motion to Compel the Production, #12 Exhibit Ex. X - 2018-01-26 State's Memo in Opp, #13 Exhibit Ex. Y - 2017-09-19 Transcript of Motion to Disqualify, #14 Exhibit Ex. Z - 2015-12-16 Prelim Hr'g, #15 Exhibit Ex. AA - 2017-05-12 Joint Motion to Disqualify RMA, #16 Exhibit Ex. AA - 2017-05-12 Joint Motion to Disqualify RMA)(Parker, Rodney) (Entered: 12/11/2019)

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  • 12/11/2019
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  • Docket(#10) EXHIBITS filed by Allen Jacobson, Wendell Jacobson re #9 Memorandum in Opposition to Motion. (Attachments: #1 Exhibit Ex. A - Complaint and Jury Demand, #2 Exhibit Ex. B - RQN Order, #3 Exhibit Ex. C - Disqualification Order, #4 Exhibit Ex. D - AGO Order, #5 Exhibit Ex. E - 2019-10-25 Hearing Transcript, #6 Exhibit Ex. F - 2011-09-30 RMA engagement letter, #7 Exhibit Ex. G - 2013-22-13 Memorandum Opinion and Order, #8 Exhibit Ex. H - 2012-02-17 Ltr to Pugsley, #9 Exhibit Ex. I - 2012-06-29 Email Miller to Marshall, #10 Exhibit Ex. J - 2012-07-25 Email Marshall to Infanger, #11 Exhibit Ex. K - 2012-09-05 Email Infanger to Marshall, #12 Exhibit Ex. L - 2012-10-04 Notice of Subpoena ECF 553)(Parker, Rodney) (Entered: 12/11/2019)

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  • 12/11/2019
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  • Docket(#9) Defendant's MEMORANDUM in Opposition re #4 Amended MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendants Allen Jacobson, Wendell Jacobson. (Parker, Rodney) (Entered: 12/11/2019)

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  • 12/11/2019
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  • Docket(#8) NOTICE of Appearance by Rodney R. Parker on behalf of Allen Jacobson, Wendell Jacobson (Parker, Rodney) (Entered: 12/11/2019)

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  • 12/11/2019
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  • Docket(#7) NOTICE of Appearance by Samuel Alba on behalf of Allen Jacobson, Wendell Jacobson (Alba, Samuel) (Entered: 12/11/2019)

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  • 12/06/2019
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  • Docket(#6) NOTICE OF HEARING ON MOTION re: #4 Plaintiffs Amended MOTION for Temporary Restraining Order (with notice) and status and scheduling as to other relief if appropriate : Motion Hearing set for 12/12/2019 at 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) (Entered: 12/06/2019)

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  • 12/05/2019
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  • Docket(#4) Amended MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs David N. Bateman, Gil A. Miller, Rocky Mountain Advisory. Attorney Nathan Archibald added to party David N. Bateman(pty:pla), Attorney Nathan Archibald added to party Gil A. Miller (pty:pla), Attorney Nathan Archibald added to party Rocky Mountain Advisory(pty:pla)(Archibald, Nathan) (Entered: 12/05/2019)

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  • 12/04/2019
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  • Docket(#3) MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs David N. Bateman, Gil A. Miller, Rocky Mountain Advisory. (Attachments: #1 Exhibit 1 - Jacobsons' Proposed Complaint, #2 Exhibit 2 - Complaint filed by SEC, etc., #3 Exhibit 3 - Order Approving Receiver, #4 Exhibit 4 - Consent Judgment as to MSI, #5 Exhibit 5 - Consent Judgment as to A. Jacobson, #6 Exhibit 6 - Consent Judgment as to W. Jacobson, #7 Exhibit 7 - Jacobson Criminal Indictment, #8 Exhibit 8 - Jacobson Criminal Affidavit, #9 Exhibit 9 - Criminal Docket, #10 Exhibit 10 - Memorandum in Support of Motion to Quash Subpoena, #11 Exhibit 11 - Sept. 2011 Engagement Letter, #12 Exhibit 12 - Transcript of Hearing 12/15/2011, #13 Exhibit 13 - Order Denying Motion to Quash Subpoena, #14 Exhibit 14 - 12/19/12 Minute Order, #15 Exhibit 15 - Order Appointing Deloitte, #16 Exhibit 16 - Motion for Order Authorizing Receiver, etc., #17 Exhibit 17 - Order Appointing RMA, #18 Exhibit 18 - SEC's Motion to Appoint Miller, etc., #19 Exhibit 19 - Order Substituting Receiver, #20 Exhibit 20 - Order Denying Intervenor-Plaintiffs' Motion, #21 Exhibit 21 - Intervenor Party's Motion for OTSC, #22 Exhibit 22 - Court's Final Distribution Approval, #23 Exhibit 23 - Final Application for Compensation, etc., #24 Exhibit 24 - Final Distribution Motion, #25 Exhibit 25 - Termination Order, #26 Exhibit 26 - Joint Pre-Hearing Order, #27 Exhibit 27 - Motion Opposing Receiver's Request, etc., #28 Exhibit 28 - Motion for an Order Returning Property)(Talbot, Cory) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#2) COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3433399) filed by Rocky Mountain Advisory, Gil A. Miller, David N. Bateman. (Attachments: #1 Exhibit 1 - 9/30/2011 Letter Agreement, #2 Exhibit 2 - Order Appointing Receiver, etc., #3 Exhibit 3 - Final Judgment as to MSI, #4 Exhibit 4 - Judgment of Permanent Injunction, etc., re A. Jacobson, #5 Exhibit 5 - Judgment of Permanent Injunction, etc., re W. Jacobson, #6 Exhibit 6 - Order Denying Motion Requesting, etc., #7 Exhibit 7 - 6-5-2019 Letter with accompanying draft Complaint, #8 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Bruce S. Jenkins (Talbot, Cory) (Entered: 12/04/2019)

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  • 12/04/2019
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  • Docket(#1) Case has been indexed and assigned to Judge Bruce S. Jenkins. Plaintiffs David N. Bateman, Gil A. Miller and Rocky Mountain Advisory are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) (Entered: 12/04/2019)

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