State of Tennessee v. Ideal Horizon Benefits, LLC (3:23-cv-00046)

COMPLAINT against All Defendants (Filing fee $ 402 Paid, Receipt #300001175.), filed by State of Tennessee, Commonwealth of Kentucky.(ABF) (Entered: 02/06/2023)

MOTION for Temporary Restraining Order by Commonwealth of Kentucky, State of Tennessee. (Attachments: # 1 Other Proposed TRO Order)(ABF) (Entered: 02/06/2023)

MOTION for Leave to File Excess Pages by Commonwealth of Kentucky, State of Tennessee. (Attachments: # 1 Other Proposed Order)(ABF) (Entered: 02/06/2023)

PLAINTIFFS' RECOMMENDATION FOR PENDENTE LITE RECEIVER by Commonwealth of Kentucky, State of Tennessee (Attachments: # 1 Other Exhibits)(ABF) (Entered: 02/06/2023)

EXHIBITS O - CC by Commonwealth of Kentucky, State of Tennessee re 5 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 0, # 2 Exhibit P, # 3 Exhibit Q, # 4 Exhibit R, # 5 Exhibit S, # 6 Exhibit T part 1, # 7 Exhibit T part 2, # 8 Exhibit T part 3, # 9 Exhibit T part 4, # 10 Exhibit T part 5, # 11 Exhibit U, # 12 Exhibit V, # 13 Exhibit W, # 14 Exhibit X, # 15 Exhibit Y, # 16 Exhibit Z, # 17 Exhibit AA, # 18 Exhibit BB, # 19 Exhibit CC)(ABF) (Entered: 02/06/2023)

MOTION for Paul Fata to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300001176.) by Commonwealth of Kentucky. (ABF) (Entered: 02/06/2023)

Clerk's Verification of PHV Requirements is complete regarding document: 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Kentucky, 12 MOTION for Leave to Appear Pro Hac Vice filed by State of Tennessee, 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Kentucky (ABF)

Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 2/6/23. (c/m to all counsel of record) (ABF) (Entered: 02/06/2023)

SEALED ORDER granting 1 MOTION to Seal Case filed by Commonwealth of Kentucky, State of Tennessee.Signed by District Judge Clifton L Corker on 2/6/2023. (Copy of Order served via email to Aleicia Daniels-Hill, J. David McDowell, Samuel David Keen and sent via mail to Lyndsey Antos, Paul Fata, and Phillip Heleringer) (JCK) Modified by unsealing as per law clerk on 2/8/2023 (LCK). (Entered: 02/06/2023)

ORDER granting [Docs. 12, 13, and 14] Motions for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/6/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Lyndsey Antos and Paul Fata. Copy emailed to Samuel Keen on 2/8/2023 (JBR). (Entered: 02/06/2023)

MOTION for Leave to Appear Pro Hac Vice for Philip Heleringer (Filing fee $90.00, Receipt #300001195) by Commonwealth of Kentucky. (JBR) (Entered: 02/07/2023)

NOTICE of Status by the State of Tennessee re 18 Sealed Order - This matter can be unsealed because one or more of the defendants have sufficient notice of this action and further sealing is unnecessary. (KMK) (Entered: 02/08/2023)

SUMMONS Returned Executed by Commonwealth of Kentucky. Ideal Horizon Benefits, LLC served on 2/7/2023. (JBR) (Entered: 02/09/2023)

SUMMONS Returned Executed by Commonwealth of Kentucky. Sarah Kirkland served on 2/7/2023. (JBR) (Entered: 02/09/2023)

NOTICE of Appearance by Ryan Jarrard on behalf of Richard Ray (Jarrard, Ryan) (Entered: 02/09/2023)

NOTICE of Appearance by William Scott Hickerson on behalf of Sarah Kirkland (Hickerson, William) (Entered: 02/09/2023)

First MOTION for Extension of Time to File and/or Submit Financial Disclosures in Accordance with the Court's Order (Doc. 21) by Sarah Kirkland. (Rawls, Gregory) (Entered: 02/09/2023)

ORDER granting 34 Motion for Extension of Deadline for Submission of Financial Disclosures. Considering the importance of accuracy and completeness in the financial disclosures, Defendants motion [Doc. 34] is well-taken and GRANTED. Defendant Kirkland shall deliver the completed financial statements to counsel for Plaintiffs and the Receiver on or before February 13, 2023. Signed by District Judge Clifton L Corker on 02/10/2023. (AGG) Modified to reflect copy mailed to Attorneys Antos, Fata and Heleringer on 2/13/2023 (JBR). (Entered: 02/10/2023)

NOTICE of Appearance by Stephan R Wright on behalf of Craig Kelley (Wright, Stephan) (Entered: 02/13/2023)

NOTICE of Appearance by William C Killian on behalf of Richard Atnip (Killian, William) (Entered: 02/13/2023)

MOTION to Strike 3 Complaint Paragraphs 106-109 and Paragraph J of the Prayer for Relief by Sarah Kirkland. (Rawls, Gregory) (Entered: 02/13/2023)

NOTICE by Sarah Kirkland of Compliance with Court Order Requiring Disclosure of Foreign Assets (Brown, Gregory) (Entered: 02/13/2023)

MOTION for Leave to File Excess Pages by Richard Atnip, Craig Kelley. (Wright, Stephan) (Entered: 02/13/2023)

Clerk's Verification of PHV Requirements is complete regarding document: 40 MOTION for Leave to Appear Pro Hac Vice as to Atty. Sam Blink filed by Richard Atnip (ABF)

ORDER granting 40 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/14/2023. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 02/14/2023)

ORDER: Accordingly, Defendants' motion [Doc. 38] is GRANTED. It is hereby ORDERED that the preliminary injunction hearing currently scheduled for February 15, 2023, is CONTINUED to February 27, 2023, at 10:00 a.m. at the James H. Quillen United States Courthouse in Greeneville, Tennessee, Courtroom 420. The parties shall file and/or serve any pleadings concerning the entry of a preliminary injunction within the time periods provided in Section XXV of the Temporary Restraining Order [Doc. 21]. It is further ORDERED that the Temporary Restraining Order is extended for an additional 14 days from the entry of this Order. Signed by District Judge Clifton L Corker on 02/14/2023. (Copy of Order mailed to Lyndsey Antos & Paul Fata) (CAT) (Entered: 02/14/2023)

NOTICE by Richard Atnip, Craig Kelley re 46 Response in Opposition to Motion, NOTICE OF SUBMISSION OF FILING EXHIBITS INADVERTENTLY OMITTED FROM OR MISLABLED IN THEIR PREVIOUSLY FILED OBJECTION (Attachments: # 1 Exhibit Exhibit D Mosaic Participation Program, # 2 Exhibit Exhibit E - Mosaic Loan Agreement, # 3 Exhibit Exhibit F Solar Titan Q&A, # 4 Exhibit Exhibit G Energy Tech Review Materials (part one), # 5 Exhibit Exhibit G Energy Tech Review Materials (part two), # 6 Exhibit Exhibit H Sales Presentation, # 7 Exhibit Exhibit I Secretary of State (KY) (Freedom Solar), # 8 Exhibit Exhibit J Secretary of State (TN) (Solar 1 USA))(Wright, Stephan) (Entered: 02/14/2023)

ORDER: This matter is hereby set for a status conference to be held on Thursday, February 16, 2023, at 1:00 p.m. EST. All parties to this action, including the Receiver, and their respective counsel shall appear by video at the appointed time. The Clerk's Office is directed to provide connection information to the parties via email. (Video Status Conference set for 2/16/2023 at 1:00 PM before District Judge Clifton L Corker). Signed by District Judge Clifton L Corker on 2/15/2023. (LCK) (Entered: 02/15/2023)

NOTICE of Appearance by Jeremey Goolsby on behalf of Solar Mosaic, LLC (Goolsby, Jeremey) (Entered: 02/16/2023)

WAIVER OF SERVICE Returned Executed by State of Tennessee. Solar Mosaic, LLC waiver sent on 2/16/2023. (McDowell, J) (Entered: 02/16/2023)

COURT REPORTER NOTES OF PROCEEDINGS filed by Karen Bradley of Motion Hearing before Judge Corker on February 16, 2023. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Corker on February 16, 2023. By s/ Karen Bradley. (Court Reporter Notes are viewable by court staff only). (KJB) (Entered: 02/17/2023)

Joint MOTION for Disbursement of Funds to Defendant Sarah Kirkland by Sarah Kirkland. (Brown, Gregory) (Entered: 02/17/2023)

ORDER: Plaintiffs State of Tennessee ("Tennessee") and Commonwealth of Kentucky ("Kentucky") (collectively the "Plaintiffs") along with Defendant Sarah Kirkland ("Ms. Kirkland") have filed a Joint Motion for the limited release of funds to Ms. Kirkland [Doc. 61]. It is, therefore, ordered that, in lieu of receiving $3,500.00 from the receivership estate for the month of February 7, 2023 to March 7, 2023, Ms. Kirkland may make a one-time withdrawal of $10,000.00 from her Pinnacle bank account. It is further ordered that, once the $10,000.00 withdrawal is made, Ms. Kirkland shall provide Plaintiffs and the Receiver with a receipt showing the withdrawal and the remaining account balance. See Order for details. Signed by District Judge Clifton L Corker on 02/21/2023. (Copy of Order mailed to Lyndsey Antos, Paul Fata, & Tanya Y Bowman) (CAT) (Entered: 02/21/2023)

MOTION for Leave to Appear Pro Hac Vice Robert J. Guite ( Filing fee $ 90 receipt number ATNEDC-5304683.) by Solar Mosaic, LLC. (Goolsby, Jeremey) (Entered: 02/22/2023)

ORDER granting 65 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/23/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 2/23/2023 to indicate c/m Robert J Guite, Sheppard, Mullin, Richter & Hampton, LLP (San Fran), Four Embarcadero Center, 17th Floor, San Francisco, CA 94111 (ABF). (Entered: 02/23/2023)

MEMORANDUM in Support of Motion re 5 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Suzanne French, # 2 Exhibit Declaration of Brandon Stephens, # 3 Exhibit Declaration of Kevin Atchley, # 4 Exhibit Supplemental Declaration of Lisa Cochran, # 5 Exhibit Supplemental Declaration of Lisa Cochran Pt. 2, # 6 Exhibit Supplemental Declaration of Lisa Cochran Pt. 3, # 7 Exhibit Supplemental Declaration of Claire Marsalis, # 8 Exhibit Supplemental Declaration of Claire Marsalis Pt.2, # 9 Exhibit Email from Ursula Abrams, NABCEP Operations Manager)(McDowell, J) (Entered: 02/23/2023)

NOTICE by Richard Ray of Filing 1st Status Report (Attachments: # 1 Exhibit 1)(Jarrard, Ryan) (Entered: 02/24/2023)

NOTICE by Commonwealth of Kentucky of Filing Corrected Exhibits (Attachments: # 1 Exhibit Corrected Exhibit U, # 2 Exhibit Corrected Exhibit D part 1, # 3 Exhibit Corrected Exhibit D part 2, # 4 Exhibit Corrected Exhibit D part 3)(Fata, Paul) (Entered: 02/25/2023)

Joint MOTION for Agreed Order Modifying Asset Freeze as to defendant Sarah Kirkland. (Attachments: # 1 Other Proposed Order)(Brown, Gregory) Modified text on 2/27/2023 (KMK). (Entered: 02/26/2023)

Clerk's Verification of PHV Requirements is complete regarding document: 72 MOTION for Leave to Appear Pro Hac Vice for James Atchison ( Filing fee $ 90 receipt number ATNEDC-5307970.) filed by Richard Atnip (KMK)

AGREED ORDER granting 73 Motion to Modify Asset freeze. Signed by District Judge Clifton L Corker on 2/27/23. (KDO) (Entered: 02/27/2023)

ORDER granting 72 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 2/28/2023. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 02/28/2023)

MEMORANDUM OPINION AND ORDER: This matter came before the Court on February 27, 2023 for a preliminary injunction hearing, during which all parties in interest appeared with counsel and presented oral argument on their position of whether the Temporary Restraining Order, issued by the Court on February 7,2023, should be converted into a preliminary injunction. Based on the evidence contained in the record, the parties briefing, the arguments presented during the hearing, and for the reasons stated herein, the Court finds the entry of a preliminary injunction is warranted. Signed by District Judge Clifton L Corker on 2/28/2023. (JCK) (Entered: 02/28/2023)

WAIVER OF SERVICE Returned Executed by State of Tennessee. Solar Titan Charters, LLC waiver sent on 2/22/2023. (McDowell, J) (Entered: 03/01/2023)

STIPULATION re 79 MOTION for Extension of Time to File Answer re 3 Complaint TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS COMPLAINT by Richard Atnip, Craig Kelley. (Wright, Stephan) (Entered: 03/03/2023)

MOTION for Leave to Appear Pro Hac Vice as to Attorney Ryan K. Strasser by Solar Mosaic, LLC. (Filing fee $ 90 RECEIVED: Receipt #200000335). (Attachments: # 1 Envelope). (LCK) (Entered: 03/07/2023)

Clerk's Verification of PHV Requirements is complete regarding document: 85 MOTION for Leave to Appear Pro Hac Vice as to Attorney Ryan J. Strasser filed by Solar Mosaic, LLC (Filing fee $ 90 RECEIVED: Receipt #200000335). (LCK)

MOTION to Sell Property by Richard Ray. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Jarrard, Ryan) (Entered: 03/08/2023)

ORDER granting 85 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 3/08/2023. (ADM) Modified to reflect copy mailed to Ryan Strasser on 3/9/2023 (JBR). (Entered: 03/08/2023)

Clerk's Verification of PHV Requirements is complete for Michael Yaghi regarding document: 89 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 Receipt number 200000339) filed by Solar Mosaic, LLC (CAT)

Clerk's Verification of PHV Requirements is complete regarding document: 90 MOTION for Leave to Appear Pro Hac Vice Shannon Z. Petersen ( Filing fee $ 90 receipt number ATNEDC-5317785.) filed by Solar Mosaic, LLC (JBR)

MOTION to Transfer Frozen Assets by Richard Ray. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Jarrard, Ryan) (Entered: 03/09/2023)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 27, 2023, before Judge Corker. Court Reporter/Transcriber Karen Bradley, Telephone number (423)639-3918. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (KJB) (Entered: 03/10/2023)

Emergency MOTION Modify Asset Freeze re 78 Memorandum & Opinion,, by Richard Atnip, Craig Kelley. (Attachments: # 1 Exhibit A - PSA, # 2 Exhibit B - Addendum 1 to PSA, # 3 Exhibit C - Addendum 3 to PSA, # 4 Exhibit D - Tax Assessor Records)(Atchison, James) (Entered: 03/13/2023)

NOTICE by Richard Atnip, Craig Kelley re 96 Emergency MOTION Modify Asset Freeze re 78 Memorandum & Opinion,, of Additional Exhibit in Support of Motion (Atchison, James) (Entered: 03/14/2023)

NOTICE of Appearance by Nicholas Craig Stevens on behalf of Vickie Seagle (Stevens, Nicholas) (Entered: 03/16/2023)

NOTICE by Richard Ray re 99 MOTION Second Status Report and Application for Interim Compensation to Substitute Exhibit (Attachments: # 1 Exhibit Exhibit A)(Jarrard, Ryan) (Entered: 03/16/2023)

NOTICE of Appearance by Michael Lee on behalf of Volunteer Ventures, LLC (Lee, Michael) (Entered: 03/17/2023)

MOTION for Preliminary Injunction by IPFS Corporation. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Ramey, Shaun) (Entered: 03/20/2023)

REPLY to Response to Motion re 96 Emergency MOTION Modify Asset Freeze re 78 Memorandum & Opinion,, filed by Richard Atnip, Craig Kelley. (Attachments: # 1 Exhibit A - Email from Seller, # 2 Exhibit B - Realtor.com Listing)(Atchison, James) (Entered: 03/21/2023)

NOTICE by Richard Atnip, Craig Kelley of Payment Pursuant to Opinion and Order (Atchison, James) (Entered: 03/22/2023)

MEMORANDUM in Support of Motion re 91 MOTION to Transfer Frozen Assets filed by Commonwealth of Kentucky. (Attachments: # 1 Exhibit)(Fata, Paul) (Entered: 03/23/2023)

RESPONSE in Opposition re 96 Emergency MOTION Modify Asset Freeze re 78 Memorandum & Opinion,, filed by Richard Ray. (Jarrard, Ryan) (Entered: 03/24/2023)

[RE-FILED AS DOC. 117 AND STRICKEN PER 120 ] RESPONSE in Opposition re 97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA filed by Richard Atnip, Craig Kelley. (Atchison, James) Modified text on 3/27/2023 (JBR). (Entered: 03/24/2023)

JOINT Withdrawal of 116 Response in Opposition to Motion by Richard Atnip, Craig Kelley. (Atchison, James) Modified text on 3/27/2023 (JBR). (Entered: 03/24/2023)

Now before the Court is Michael Atnip and Craig Kelley's Joint Withdrawal of Document [Doc. 118], which seeks to withdraw their Opposition to Motion for Leave of Court to File Complaint Against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan USA ("Opposition") [Doc. 116]. Defendants explain that the Opposition [Doc. 116] contained the incorrect title, but they have filed a corrected version with the Court as [Doc. 117]. The Court GRANTS the motion [Doc. 118] and STRIKES the Opposition [Doc. 116]. Signed by Magistrate Judge Jill E McCook on 3/27/2023. (AGA) (Entered: 03/27/2023)

RESPONSE in Opposition re 105 MOTION Motion to Enforce Lease Agreement and to Allow Showings filed by Richard Ray. (Attachments: # 1 Affidavit)(Jarrard, Ryan) (Entered: 03/27/2023)

RESPONSE in Opposition re 97 MOTION Leave of Court to file Complaint against Defendant Ideal Horizon Benefits, LLC d/b/a Solar Titan, USA Response in Opposition filed by Commonwealth of Kentucky, State of Tennessee. (McDowell, J) (Entered: 03/28/2023)

RESPONSE in Opposition re 101 Emergency MOTION Modify Order to Unfreeze Assets re 78 Memorandum & Opinion,, filed by Commonwealth of Kentucky, State of Tennessee. (Attachments: # 1 Exhibit Atnip Deposition Excerpt, # 2 Exhibit Combined Financial Disclosures Excerpt)(Fata, Paul) (Entered: 03/29/2023)

Letter to Billy Parish (Mosaic, Inc.) from Jerry and Edith Simmons regarding collections (AYB) (Entered: 03/30/2023)

Now before the Court is the Motion for Leave to File Supplemental Brief [Doc. 128], filed by Defendant Sarah Kirkland. For good cause shown, the Court GRANTS the motion [Doc. 128]. Defendant Kirkland SHALL file her Supplemental Brief [Doc. 128-1] in CM/ECF by the close of business on March 31, 2023. Signed by Magistrate Judge Jill E. McCook on 3/31/2023. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 03/31/2023)

RESPONSE in Opposition re 91 MOTION to Transfer Frozen Assets Supplemental Brief filed by Sarah Kirkland. (Brown, Gregory) (Entered: 03/31/2023)

RESPONSE in Opposition re 106 MOTION for Preliminary Injunction filed by Richard Ray. (Attachments: # 1 Affidavit)(Jarrard, Ryan) (Entered: 03/31/2023)

REPLY to Response to Motion re 101 Emergency MOTION Modify Order to Unfreeze Assets re 78 Memorandum & Opinion,, filed by Richard Atnip. (Blink, Samuel) (Entered: 04/03/2023)