Klein v. Wings Over the World Ministries et al

Filing 67

ORDER ADOPTING 60 REPORT AND RECOMMENDATIONS in its entirety; granting 44 Motion to Strike docket numbers 39 , 40 , 41 , 42 , 43 , 47 , 48 , 49 , 54 , 55 and 56 ; granting 46 Motion to Amend Complaint: the amended complaint shall be filed within 7 days of the date of this order. Signed by Judge David Nuffer on 10/25/13 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
R. WAYNE KLEIN, the Court-Appointed
Receiver of U.S. Ventures LC, Winsome
Investment Trust, and the assets of Robert J.
Andres and Robert L. Holloway,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT &
RECOMMENDATION

Plaintiff,
Case No. 2:12-cv-23-DN
v.
District Judge David Nuffer
WINGS OVER THE WORLD MINISTRIES
and TERRY L. HARPER,
Defendants.
Before the court is the Report and Recommendation 1 issued by United States Magistrate
Judge Dustin B. Pead, recommending that this court: (1) grant the Receiver’s Motion 2 to Strike
Document Numbers 39, 40, 41, 42, 43, 47, 48, 49, 54, 55 and 56, and that all future frivolous filings
be stricken from the record and that the offending party be ordered to pay costs and fees incurred;
and (2) grant the Receiver’s Motion 3 to Amend Complaint. Defendant Terry Harper filed a timely
objection. 4
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b)(3), the court has reviewed de novo
all materials, including the objection, the record that was before the magistrate judge and the
reasoning set forth in the Report and Recommendation. The court agrees with the analysis and

1

Report & Recommendation, docket no. 60, filed Oct. 10, 2013.

2

Motion to Strike and Memorandum in Support, docket no. 44, filed Aug. 15, 2013.

3

Motion for Leave to Amend Complaint and Memorandum in Support, docket no. 45, filed Aug. 21, 2013.

4

Respondent’s Constructive Notice of Objection and Oppositions to the Court’s Striking of Respondent Filings Based
on Respondnet [sic] “Established” and “Settled” Law Against “Invalid/Void” Ruling Granting Plaintiff’s Motions to
Strike and Respondnet’s [sic] Demand of Lawful Correction, Remedy and Relief as in “Rectum Rogare[“], docket no.
66, filed Oct. 23, 2013.

conclusions of the magistrate judge, and will adopt the Report and Recommendation as the order of
the court.
IT IS HEREBY ORDERED that any objections are OVERRULED and the Report and
Recommendation is AFFIRMED AND ADOPTED in its entirety.
IT IS FURTHER ORDERED that Receiver’s Motion to Strike 5 is GRANTED and docket
numbers 39, 40, 41, 42, 43, 47, 48, 49, 54, 55 and 56 are STRICKEN.
IT IS FURTHER ORDERED that Receiver’s Motion to Amend Complaint 6 is GRANTED.
The amended complaint shall be filed within 7 days of the date of this order.

Signed October 25, 2013.

BY THE COURT

________________________________________
District Judge David Nuffer

5

Docket no. 44.

6

Docket no. 45.
2