wellons says they were stiffed

7/24/2019 Wellons says they were stiffed

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. ____________________

WELLONS, INC., an Oregon corporation,

Plaintiff,

v.

EAGLE VALLEY CLEAN ENERGY, LLC, a Utah limited liability company;EVERGREEN CLEAN ENERGY CORPORATION, a Colorado corporation;CLEARWATER VENTURES, LLC, a Utah limited liability company;

UNITED STATES OF AMERICA RURAL UTILITIES SERVICE,DEAN L. ROSTROM, individually;KENDRIC B. WAIT, individually;GEORGE SORENSON, individually;WILCOX REVOCABLE TRUST; andSOUTH SEA ENTERPRISES, LLC,

Defendants.

COMPLAINT

JURY DEMAND

Plaintiff Wellons, Inc. (plaintiff), through its undersigned counsel, alleges the following

as its Complaint against the defendants:

PARTIES, JURISDICTION AND VENUE:

1. Plaintiff Wellons, Inc. is a corporation, organized and operating under the laws of

the State of Oregon. Plaintiff does business in Clark County, Washington, as a foreign corporation.

All required fees have been paid to date, and plaintiff is otherwise competent to bring and maintain

this action.

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2. Defendant Eagle Valley Clean Energy, LLC (EV) is a Utah limited liability

company, organized and operating in Eagle County, Colorado as a foreign limited liability

company. Its principal place of business is 4626 North 300 West, Provo, Utah 84604.

3. Defendant Evergreen Clean Energy Corporation (ECEC) is a corporation,

organized and operating under the laws of the State of Colorado. ECEC does business in Eagle

County, Colorado. Its principal place of business is 4626 North 300 West, Provo, Utah 84604.

4. Defendant Clearwater Ventures, LLC (Clearwater) is a Utah limited liability

company, organized and operating in Eagle County, Colorado as a foreign limited liability

company. Its principal place of business is 4626 North 300 West, Provo, Utah 84604.

5. Defendant United States of America Rural Utility Service ("RUS") is a

governmental entity. Its principal place of business is 1400 Independence Avenue, SW,

Washington, D.C. 20250.

6. Defendant Dean L. Rostrom is an individual, residing in the State of Utah and doing

business in Eagle County, Colorado. His principal place of business is 4626 North 300 West,

Provo, Utah 84604.

7. Defendant Kendric B. Wait is an individual, residing in the State of Utah and doing

business in Eagle County, Colorado. His principal place of business is 4626 North 300 West,

Provo, Utah, 84604.

8. Defendant George Sorenson is an individual. On information and belief, he is a

transferee of fraudulently transferred funds, as alleged infra.

9. Defendant Wilcox Revocable Trust ("Wilcox") is an entity. On information and

belief, it is a transferee of fraudulently transferred funds, as alleged infra.

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10. Defendant South Sea Enterprises, LLC ("South Sea") is a limited liability company.

On information and believe, it is a transferee of fraudulently transferred funds, as alleged infra.

11. Jurisdiction is proper under 28 USC 1332 because the matter in controversy

exceeds the sum of $75,000, and is an action between citizens of different states.

12. Venue is proper in this Court under 28 USC 1391.

GENERAL ALLEGATIONS

13. On or about December 21, 2011, plaintiff and EV entered into an Engineer, Procure,

and Construct contract for the design and construction of a wood-fired cogeneration facility to be

constructed in Gypsum, Colorado.

14. On or about August 8, 2013, plaintiff and EV entered into an Amended and

Restated Engineer, Procure, and Construct contract for the design and construction of the wood-

fired cogeneration facility to be constructed in Gypsum, Colorado (the EPC).

15. Plaintiff has fully performed its obligations under the contract.

16. While defendant has paid some of the contract price to plaintiff, the principal

balance of $11,799,864.24 remains unpaid.

17. Interest has accrued, and continues to accrue, on the principal balance pursuant to

the terms of the EPC, and the parties' Capital Contribution Agreement. Preferred debt interest at

the rate of 15% per annum has been accruing on the preferred debt of $7,920,264.24, out of the

total principal balance owing of $11,799,864.24. Preferred debt interest has accrued in the total

amount of $1,214,271.69 as of September 30, 2014. Per diem interest continues to accrue at the

rate of $3,254.90.

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18. Pursuant to the EPC, EV was to pay plaintiff 5% of all past due balances. As of

approximately August 16, 2013, the sum of $30,435,000 was past due. Accordingly, an additional

amount for contractual interest of $1,185,433.56 is owed from EV to plaintiff.

19. In addition, ECEC is liable to plaintiff for the principal balance owing of

$11,799,864.24 pursuant to the terms of a Subordinated Promissory Note dated August 8, 2013

(the Note), which Note became due and payable by its terms "promptly following the initial

funding under the RUS Financing".

20. In addition, EV has failed and refused to pay plaintiff for change orders, letter of

credit fees, and service parts orders (invoiced amounts), in the total principal amount of

$237,147.19.

21. Despite demand, defendants EV and ECEC have failed and refused to pay the

amounts owing to plaintiff.

FIRST CLAIM FOR RELIEF

(Breach of Contract Against EV)

22. Plaintiff incorporates the allegations set forth above as though fully set forth herein.

23. The EPC is a valid and binding contract between plaintiff and EV.

24. Plaintiff fully performed its obligations under the EPC.

25. EVs failure to pay the principal balance owed under the EPC, the unpaid and

accruing interest, and the invoiced amounts constitutes a breach of contract. As the result of EVs

breach of contract, plaintiff has been damaged in the principal amount of $11,799,864.24, plus

accrued preferred debt interest of $1,241,271.69 as of September 30, 2014, plus preferred debt

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interest that continues to accrue at the rate of $3,254.90 per day, plus past due interest of

$1,185,433.56., plus the unpaid invoiced amounts of $237,147.19.

SECOND CLAIM FOR RELIEF

(Default of Promissory Note Against ECEC)


27. The Note is a valid and binding obligation of ECEC.

28. ECECs failure to pay the principal balance owed under the Note, as well as the

unpaid and accruing interest, constitutes a default of ECECs obligations under the Note. As the

result of ECECs default, plaintiff has been damaged in the principal amount of $11,799,864.24,

plus accrued preferred debt interest of $1,241,271.69 as of September 30, 2014, plus preferred debt


$1,185,433.56.

THIRD CLAIM FOR RELIEF

(Foreclosure of Mechanics Lien Against Clearwater, EV, RUS, and Deutsche)


30. On information and belief, Clearwater is the owner of the real property commonly

known as 10775 Highway 6, Gypsum, Colorado 81637, and legally described on Exhibit A hereto

(the Property).

31. Pursuant to the EPC, plaintiff provided labor and materials at the Property for the

construction of the Project improvements at the Property. Plaintiff continues to provide labor and

materials at the Property.

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32. All of the Property is necessary for the convenient use and occupation of the

improvements for which plaintiff provided labor and materials.

33. On or about October 9, 2014, plaintiff sent a Notice of Intent to File a Lien

Statement (Notice of Intent) and a copy of a proposed Statement of Lien (Lien) against the

Property to Clearwater and EV by certified mail, return receipt requested.

34. In the Notice of Intent, plaintiff demanded that Clearwater and/or EV pay plaintiff

the sums outstanding under the EPC within ten days or plaintiff would record the Lien against the

Property.

35. Plaintiff did not receive any payment from Clearwater or EV following its delivery

of the Notice of Intent to those parties.

36. On or about October 20, 2014, plaintiff filed its Lien with the Recorders Office for

Eagle County, Colorado, under number 20147905.

37. On or about December 16, 2014, plaintiff filed its Amended Lien Statement

(Amended Lien) with the Recorders Office for Eagle Valley, Colorado, under number

201421615. A copy of the recorded document is attached as Exhibit B and is incorporated by this

reference.

38. On information and belief, RUS may claim an interest in the Property by virtue of

a mortgage and security agreement between EV and RUS, recorded with the Recorder's Office for

Eagle Valley, Colorado, under number 201316239 on or about August 8, 2013.

39. To date, plaintiff is owed the principal amount of not less than $11,799,864.24, plus

accrued preferred debt interest of $1,241,271.69 as of September 30, 2014, plus preferred debt

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$1,185,433.56, for plaintiffs work on the Property.

40. The Amended Lien is a valid mechanics lien upon the Property, including the

improvements on the Property, and is prior to any right, title, interest, or claim of any of the

defendants to the Property.

41. Plaintiff is entitled to foreclose on the Amended Lien to enforce its judgment

against EV in this action.

FOURTH CLAIM FOR RELIEF

(Unjust Enrichment Against Clearwater and EV)


43. At the request of EV, plaintiff provided valuable labor, materials, and services for

the development of the Property and the Project.

44. Neither Clearwater nor EV paid plaintiff for the full value of plaintiffs work on the

Property.

45. Clearwater and EV have received a benefit at plaintiffs expense and it would be

unjust for them to retain that benefit without paying for it in full.

46. Clearwater and EV have been unjustly enriched in an amount to be determined at

trial.

FIFTH CLAIM FOR RELIEF

(Fraudulent Transfers Against EV, ECEC, Clearwater, Rostrom,

Wait, Sorenson, Wilcox, and South Sea)


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48. Plaintiffs work under the EPC facilitated and enabled EV to secure and receive a

federal reimbursement grant under Section 1603 of the American Recovery and Reinvestment Act

of 2009, Pub. L. No. 111-5, 123 Stat. 115, 364 (Section 1603), in the approximate amount of

$18,500,000.00. EV received the Section 1603 reimbursement grant funds in or about August

2014.

49. At the time EV received the Section 1603 funds, it was aware that plaintiff was

owed substantial funds pursuant to the EPC.

50. At that time, plaintiff was an existing Creditor of EV under the Uniform

Fraudulent Transfer Act, as adopted in the State of Colorado (UFTA), C.R.S. Sec. 38-8-102(5).

51. Even though Section 1603 funds are to reimburse for sums expended on the creation

of qualifying projects, EV accepted the Section 1603 funds without having paid its obligations to

plaintiff.

52. Instead, EV distributed the vast majority of the Section 1603 funds to other parties.

On information and belief, EV transferred the funds to ECEC, Clearwater, Rostrom, Wait,

Sorenson, Wilcox, South Sea, and perhaps others (the transferees or transferee defendants).

53. Each of the transferees was an insider of EVs, as defined in the UFTA.

54. EV was insolvent as of the date of the transfers.

55. Alternatively, EV was engaged in a business or transaction for which its remaining

property was unreasonably small at the time of and as the result of the transfers.

56. EVs transfers were made with the actual intent to hinder, delay or defraud EVs

creditors, including plaintiff.

57. EV received no consideration in exchange for the transfers.

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58. EV did not receive reasonably equivalent value for the transfers.

59. At the time of, and following, the transfers, EV had incurred debts that were beyond

EVs ability to pay as they matured.

60. The initial transferee defendants are liable for the amounts that EV transferred to

each of them. Plaintiff is entitled to the remedies set forth in C.R.S. Sec. 38-8-108.

61. The immediate transferees from the initial transferees did not take the transferred

funds for any value, did not receive the transferred funds in good faith, and accepted the transferred

funds with the actual intent to hinder, delay and defraud EVs creditors, including plaintiff.

62. Defendants are liable to plaintiff for the funds transferred, pursuant to C.R.S. Sec.

38-8-105 and or 38-8-106.

SIXTH CLAIM FOR RELIEF

(Civil Conspiracy Against EV, ECEC, Clearwater, Rostrom,

Wait, Sorenson, Wilcox, and South Sea)


64. Defendants sought to accomplish the goal of removing the Section 1603 funds from

being available to pay EVs obligations to plaintiff under the EPC.

65. Defendants agreed on a course of action to accomplish that result. The course of

action consisted of the transfers of the Section 1603 funds as alleged herein.

66. The transfers of the Section 1603 funds were fraudulent, and wrongful as to

plaintiff. The transfers were made in furtherance of defendants agreed course of action.

67. Plaintiff has been damaged as the proximate result of defendants conspiratorial

fraudulent transfers in an amount to be determined at trial.

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WHEREFORE, plaintiff respectfully requests that this Court enter relief in favor of

plaintiff as follows:

1. Upon the First and/or Second Claim for Relief, for a judgment in favor of plaintiff

and against EV and/or ECEC in the principal amount of $11,799,864.24, plus accrued preferred

debt interest of $1,241,271.69 as of September 30, 2014, plus preferred debt interest that continues

to accrue at the rate of $3,254.90 per day, plus past due interest of $1,185,433.56.

2. Upon the Third Claim for Relief, for a judgment finding that plaintiff has lien rights

against the Property which are valid, prior to, and superior to any other claimants right, title, lien,

or interest, and foreclosing the Amended Lien by sale of the Property and improvements thereon

in satisfaction of the judgment, together with recording costs and reasonable attorneys fees.

3. Upon the Fourth Claim for Relief, for a judgment in favor of plaintiff and against

Clearwater and EV, jointly and severally, in an amount to be determined at trial.

4. Upon the Fifth Claim for Relief, for a judgment in favor of plaintiff and against EV

and all transferee defendants, jointly and severally, adjudging that the Section 1603 funds transfers

are actual or constructively fraudulent transfers under UFTA, avoiding the transfers, granting

plaintiff a money judgment against each transferee for the sums transferred to each transferee, and

avoiding each transfer.

5. Upon the Sixth Claim for Relief, for a judgment in favor of plaintiff and against EV

and all transferee defendants, jointly and severally, for damages in an amount to be determined at

trial.

6. For all costs and fees, including attorneys fees, allowable by contract or by law.

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7. For such other and further relief as the Court deems proper.

DATED this 12thday of June, 2015.

s/ Stephen G. Leatham

Stephen G. Leatham

HEURLIN, POTTER, JAHN, LEATHAM,HOLTMANN & STOKER, P.S.211 E. McLoughlin Blvd., Suite 100Vancouver, WA 98663Telephone: (360) 750-7547FAX: (360) 750-7548

E-mail: [email protected] for Plaintiff Wellons, Inc.

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EXHIBIT

LEG L DESCRIPTION OF PROPERTY

A PARCEL OF LAND LOCATED WITHIN TRACTS 41SECTION32, TOWNSHIP 4

SOUTH, RANGE

85

WEST AND TRACT 64, SECTIONS 4 AND 5, TOWNSHIP 5

SOUTH, RANGE 85 WEST OF THE 6TH PRJNCIP AL MERJDIAN ACCORDING TO

THE INDEPENDENT RESURVEY AS ACCEPTED BY THE U.S. SURVEYOR

GENERAL'S OFFICE nJNE 20, 1922, LYING NORTHERLY OF THE RJGHT OF WAY

OF THE UNION PACIFIC RAILROAD AND SOUTHERLY OF THE CENTERLINE OF

THE EAGLE RIVER, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE CENTERLINE OF THE EAGLE RJVER WHENCE

ANGLE POINT NO. 2 OF SAID

TRAC Y

64 BEARS N0007'59 W A DISTANCE OF

614.32 FEET; THENCE THE FOLLOWING (13) THIRTEEN COURSES ALONG THE

CENTERLINE OF SAID EAGLE RJVER:

I) S6101'39 E A DISTANCE OF 107.58 FEET;

2) N8502'56 E A DISTANCE OF 112.74 FEET;

3) N6722'1 l

EA

DISTANCE OF 158.17 FEET;

4) N4732'24 E A DISTA.. l\ICE OF 140.42 FEET;




8)

S4121'30 E A DISTANCE OF 607.68 FEET;

9)


10) S7931 '37''E A DISTANCE OF 173.58 FEET;

11)


12)


13)

N8454'17 E A DISTANCE OF 160.13 FEET TO THE EASTERLY LINE OF SAID

TRACT 64; THENCE S0004'43 W ALONG SAID EASTERLY LINE A DISTANCE OF

1185.34 FEET TO THE NORTHERLY RlGHT OF WAY LINE OF SAID UNION

PACIFIC RAILROAD; THENCE S8806'04 W ALONG SAID NORTHERLY RJGHT OF

WAY LINE A DISTANCE OF 2673.04 FEET TO THE WESTERLY LINE OF SAID

TRACT 64; THENCE N0007'59 W ALONG SAID WESTERLY TRACT LINE A

DISTANCE OF 1256.16 FEET TO THE POINT OF BEGINNING.

100268944 DOCX }

EXHIBIT A

Page 1 of 1

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Recorded at

the

request of:

Wellons,

Inc

Prepared

by

and

to

be returned to:

Stephen

G

Leatham

PO Box 611

Vancouver,

WA

98666-0611

Eagle County,

CO

Teak

J

Simonton

Pgs 3

REC: 21.00

DOC: 0.00

AMENDED LIEN STATEMENT

(Colo. Rev. tat 38-22-109(6))

2 1421615

12/16/2014

02:35:10 PM

Lien claimant, Wellons, Inc., hereby amends its lien, recorded October 20, 2014, under

number 201417905, in the amount of $14,441,874.31, plus accrued interest at the legal rate, on

the following property:

10775 Hwy. 6, Gypsum, CO 81637; Account #R065232; PIN#2111-051-09-01;

Legal Description: See Attached Exhibit A .

The owner or reputed owner is Clearwater Ventures, LLC, PO Box 425, Edwards, CO

81632-0425.

The name

of

the company that furnished the material or performed the labor for which

the lien is claimed is Wellons, Inc., 2525 West Firestone Lane, Vancouver, WA 98660.

The name of the leasehold interest holder is Eagle Valley Clean Energy, LLC, Attn:

Dean Rostrom, 4626 North 300 West, Ste. 365, Provo, UT 84604.

Dated: I -.

/

I -f

Wellons Inc.

(Claimant)

Robert Moore, Chief Financial Officer

(Print or Type Name)

EXHIBIT B

Page 1 of 3

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VERIFICATION

I,

the undersigned, state: I am the Chief Financial Officer

of

Wellons, Inc., the claimant

named in the foregoing amended claim

of

lien; I am authorized to make this verification

for the claimant; I have read the foregoing amended claim

of

lien and know the contents

thereof, and the same is true and correct.

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE

OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.

Executed on

1..,

at Vancouver, Washington.

DATE: flBzo1 1

STA TE OF WASHING TON )

) SS.

COUNTY OF CLARK )

Subscribed and sworn to before me day

of

f>at:mber

,

2014.

Print name .

NOTARY PUBLIC

in

the State of Wc /J

Residing

in

H1 /ld1ur-o 0

I?

Commission expires: M .7 I, Olb

EXHIBIT B

Page 2 of 3

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EXHIBIT

LEG L DESCRIPTION OF PROPERTY

A PARCEL OF LAND LOCATED WITHIN TRACTS 41SECTION32, TOWNSHIP 4

SOUTH, RANGE

85

WEST AND TRACT 64, SECTIONS 4 AND 5, TOWNSHIP 5

SOUTH, RANGE 85 WEST OF THE 6TH PRJNCIP AL MERJDIAN ACCORDING TO

THE INDEPENDENT RESURVEY AS ACCEPTED BY THE U.S. SURVEYOR

GENERAL'S OFFICE nJNE 20, 1922, LYING NORTHERLY OF THE RJGHT OF WAY

OF THE UNION PACIFIC RAILROAD AND SOUTHERLY OF THE CENTERLINE OF

THE EAGLE RIVER, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE CENTERLINE OF THE EAGLE RJVER WHENCE

ANGLE POINT NO. 2 OF SAID

TRAC Y

64 BEARS N0007'59 W A DISTANCE OF

614.32 FEET; THENCE THE FOLLOWING (13) THIRTEEN COURSES ALONG THE

CENTERLINE OF SAID EAGLE RJVER:

I) S6101'39 E A DISTANCE OF 107.58 FEET;


3) N6722'1 l

EA

DISTANCE OF 158.17 FEET;

4) N4732'24 E A DISTA.. l\ICE OF 140.42 FEET;




8)


9)


10) S7931 '37''E A DISTANCE OF 173.58 FEET;

11)


12)


13)

N8454'17 E A DISTANCE OF 160.13 FEET TO THE EASTERLY LINE OF SAID

TRACT 64; THENCE S0004'43 W ALONG SAID EASTERLY LINE A DISTANCE OF

1185.34 FEET TO THE NORTHERLY RlGHT OF WAY LINE OF SAID UNION

PACIFIC RAILROAD; THENCE S8806'04 W ALONG SAID NORTHERLY RJGHT OF

WAY LINE A DISTANCE OF 2673.04 FEET TO THE WESTERLY LINE OF SAID

TRACT 64; THENCE N0007'59 W ALONG SAID WESTERLY TRACT LINE A

DISTANCE OF 1256.16 FEET TO THE POINT OF BEGINNING.

100268944 DOCX }

EXHIBIT B

Page 3 of 3

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JS 44 (Rev. 12/11)

he JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except

rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

f initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) DEFENDANTS

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION

TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box fo(For Diversity Cases Only)

1 U.S. Government 3 Federal Question PTF DEF PTF DPlaintiff (U.S. Government Not a Party)

Citizen of This State 1 1 Incorporated or Principal Place 4of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

(Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability690 Other

28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS

450 Commerce& Enforcement of Judgment

Slander Personal Injury 820 Copyrights

460 Deportation151 Medicare Act

330 Federal Employers Product Liability 830 Patent

470 Racketeer Influenc152 Recovery of Defaulted

Liability 368 Asbestos Personal 840 Trademark

Corrupt Organizatio340 Marine

Injury Product Liability

480 Consumer Credit345 Marine Product

LABOR SOCIAL SECURITY

490 Cable/Sat TV

153 Recovery of Overpayment LiabilityPERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff)

850 Securities/Commod

of Veterans Benefits350 Motor Vehicle 370 Other Fraud Act

862 Black Lung (923)

Exchange160 Stockholders Suits

355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations863 DIWC/DIWW (405(g))

890 Other Statutory Ac190 Other Contract

Product Liability 380 Other Personal740 Railway Labor Act 864 SSID Title XVI

891 Agricultural Acts195 Contract Product Liability

Property Damage751 Family and Medical 865 RSI (405(g))

893 Environmental Mat

385 Property Damage Leave Act

895 Freedom of Inform

362 Personal Injury -Product Liability

790 Other Labor LitigationMed. Malpractice

791 Empl. Ret. Inc.

896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS

Security Act

TAX SUITS

899 Administrative Pro

210 Land Condemnation 440 Other Civil Rights

510 Motions to Vacate

870 Taxes (U.S. Plaintiff

Act/Review or Appe

220 Foreclosure 441 Voting

Sentence

or Defendant)

Agency Decision

230 Rent Lease & Ejectment 442 Employment

Habeas Corpus:

871 IRS - Third Party

950 Constitutionality of

240 Torts to Land 443 Housing/530 General

26 USC 7609

State Statutes

245 Tort Product Liability Accommodations535 Death Penalty

IMMIGRATION

290 All Other Real Property445 Amer. w/Disabilities -

540 Mandamus & Other

462 Naturalization Application

Employment

550 Civil Rights

446 Amer. w/Disabilities -

555 Prison Condition

Other

560 Civil Detainee -

448 Education

Conditions of Confinement

465 Other Immigration

Actions

V. ORIGIN

Transferred fromanother district(specify)

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

VI. CAUSE OF ACTION

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

CHECK YES only if demanded in complaint

No

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.

211 E. McLoughlin Blvd, Suite 100, Vancouver, WA 98663

(360) 750-7547

Eagle Valley Clean Energy, LLC; Evergreen Clean Energy Corporation;

Clearwater Ventures, LLC; (continued on attached)

une 12, 2015 s/ Stephen G. Leatham

Appeal to D

Judge fromMagistrate J

7

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28 USC 1332

Brief description of cause: AP Docket

11799864.24

NOTE:

and One Box for Defendant)

196 Franchise

Student Loans (Excl. Veterans)

360 Other Personal Injury

District of Colorado Form CIVIL COVER SHEET

(b) County of Residence of First Listed Plaintiff(EXCEPT IN U.S. PLAINTIFF CASES)

PLAINTIFFSWellons, Inc.

Clark County

V. NATURE OF SUIT

Breach of contract, mechanic lien foreclosure, fraudulent transfer

DEMAND $ JURY DEMAND: Yes

463 Alien Detainee

Other:

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17/29

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AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

!"#$ &'&()*+),&-(-)./0 12*34$56 &)- 789$: ,;


19/29

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on(date) .

I personally served the summons on the individual at(place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

!"#$ &'&()*+),&-(-)./0 12*34$56 &)- 789$: ,;


20/29



__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ & 2C -


EAGLE VALLEY CLEAN ENERGY, LLC, et al.,

Eagle Valley Clean Energy, LLCc/o Sarah J. Baker PC, its registered agent316 Abrams Creek RoadEagle, CO 81631

Stephen G. Leatham

Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.211 E. McLoughlin Blvd., Suite 100Vancouver, WA 98663


21/29


Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or


Other (specify):

.





Servers address


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ - 2C -

0

Print Save As... Reset


22/29



__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ & 2C -




Stephen G. Leatham



23/29


Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or


Other (specify):

.





Servers address


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ - 2C -

0

Print Save As... Reset


24/29



__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT


!"#$ &'&()*+),&-(-)./0 12*34$56 &)( 789$: ,;


25/29


Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or


Other (specify):

.





Servers address


!"#$ &'&()*+),&-(-)./0 12*34$56 &)( 789$: ,;


26/29



__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,7


27/29


Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or


Other (specify):

.





Servers address


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,7


28/29



__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant






CLERK OF COURT


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ & 2C -




Stephen G. Leatham



29/29


Civil Action No.

PROOF OF SERVICE





on (date) ; or






on (date) ; or


Other (specify):

.





Servers address


!"#$ &'&()*+),&-(-)./0 12*34$56 &)7 89:$; ,?1! !2:2@";2 A"B$ - 2C -

0

wellons says they were stiffed

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