10th Circuit weighs in – Lindberg pulls ahead

UEP litigation has heated up and  boiled over.   Here’s a quick recap before getting to the latest — Federal judge Dee Benson signed the FLDS proposed injunction — ordering Judge Lindberg and her Special Fiduciary, Bruce Wisan,  to take no further action in administering the UEP Trust.  The injunction ordered Wisan to turn over Trust documents and property to the FLDS Coporation Sole (who knows whether that’s Warren Jeffs or William E. Jessop?).

Judge Lindberg then issued an order of her own commanding Bruce Wisan to remain in his position as the Special Fiduciary and ordered him NOT to turn anything over to the FLDS entities.

Two days ago, all of these parties argued the issue to the Utah Supreme Court, which took it under advisement.   Meanwhile, Lindberg appealed Benson’s injunction to the 10th Circuit Court of Appeals and requested an immediate stay of Benson’s injunction.

THEN — Benson issued an order to show cause directed at Lindberg that initially ordered her to appear in Benson’s court today to show cause why she should not be held in contempt for disregarding Benson’s injunction.   When Lindberg’s attorney told Benson that Lindberg would be out of town at a relative’s funeral today and could not appear in his court, Benson threatened to send federal marshals out to have Lindberg taken into custody and brought before the Court.  In response to Benson’s outrageous show cause order and threats to arrest Lindberg, Judge Lindberg filed a supplement in the 10th Circuit informing them of the new developments and asking for an immediate ruling.

Immediately below is Lindberg’s notice to the 10th Circuit, informing them that Benson is trying to order Lindberg to appear and hold her in contempt.   Fortunately, the 10th Circuit acted quickly and appropriately and order Benson’s injunction stayed and also stayed his show cause order.    The 10th Circuit’s stay order is below Lindberg’s supplemental notice.

Now everyone can breathe ….


~ by FLDS TEXAS on April 15, 2011.

18 Responses to “10th Circuit weighs in – Lindberg pulls ahead”

  1. At least until the 22nd, which is Good Friday.

  2. Like I said a few days ago,

    FU Judge Benson.


  3. Sure is FUnny how US Constitutional Rights and Legal Trusts can’t be interpreted in the favor of any FLDS Women and Children, just priesthood men and the profit. ‘Child Brides’ being coerced across International borders as minors and Trust Benficiaries are not equal to the profit and priesthood when ‘Warrant’ Jeffs was the Presiding Bishop of the UEP Trust Corporate. The bishops following the axiom of,’Answer Them Nothing’ and ‘Warrant’ unavailability while a Federal Fugitive shouldn’t be redressed. Wonder if this ‘Catch 22’ UEP Trust document is a slick as Rod Parker once it has been tested by legal actions, seems to be yet another way for the attornies to stay fully employed while the outcome is in doubt.

  4. What’s with the names listed as INTERVENORS and MOVANTS? IOW, what’s their part in this stay?

  5. My best guess is that the lost boys are directly affected by the position Benson took.

  6. “intervenor: one who intervenes”

    Okay… I get this from the so called lost boys.

    “movant: one that makes an application or petition to a court of law or to a judge with the intention of obtaining a favorable ruling”

    This one I’m not sure of since it involves Harkers and the dairy farm. I thought it had already been sold off.

  7. Not sure about the movant part either, but as I understand it, the Lost Boys relied on the reformed trust to settle their differences with the UEP trust. If the reformed trust was never reformed, then there was never a settlement and thus, viola, the Lost Boys have a judgment against the trust, thereby making them interested parties.

    One or more of the Harkers was on the Exing from Prison list.

  8. Bensons little hissy fit didnt set well with the Big Boys on the Circuit?

    Took that Funky Fundy enabler Dee Benson out to the woodshed for some “Attitude Adjustments”.

    Talk about an embarrassment to the profession of being a Federal Judge.

    Oh, and just when things couldnt get kookier in Utah.

    The Feds are back to busting bankers taking bribes. Too bad the Bank of Ephriam wasnt involved, this would have been right up their alley as I recall.


  9. The UEP is like the tar baby in the Brer Rabbit stories. Everyone who touches it gets tar on them. Benson should have known that and stayed out of it. Maybe he thought he could help his fellow lawyer buddy Rod Parker.

  10. Judge Benson,

    FU you’re corrupt.

  11. Regarding the Harker Dairy Farm — part of Benson’s injunction ordered Wisan to turn over control of the dairy to the FLDS. That is why the Harkers have entered this case.

    Why they are listed as Movants, I’m not sure. They are not named as parties (Plaintiff, Defendant, Intervenor), so it could be that they have filed a motion as interested persons requesting some kind of relief or requesting that they be recognized by the court for participation in the case. As a practical matter, they are being recognized by virtue of being named on the order and getting notice, so they will be treated like the lost boys as interested persons — my best guess.

  12. Are the Harkers in or out?

  13. Benson was ok, he brought some Funk to the DysFUNKtion.

    Whoopee! At least Parker recognized it wasnt time to celebrate. Benson likely told him “I will throw this tar baby up against the wall, but it will probably bounce off”…

    he he like a rubber ball!

  14. PT: Here is an article on the Harker farm. Apparent;y some Harkers were in and some were out.


  15. Thanks Chemist.

  16. Just when you think you’ve got a handle on what’s going on…who’s doing what to whom…more weirdness pops up. Now it’s dueling legal benches. Benson needs to get his &%$# slapped [insert body part of choice] and sent to his room. Ya can’t start doing fishy-illegal favors for your friends, and think no one is gonna notice!

  17. Someone should show a legal copy of Warren’s diary to the court to show where Warren comments that Judge Benson had lunch with Rod Parker and told him what to file and then Judge Benson would rule on it.

  18. Anonymous, where can we find this quote from his diary ?

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