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 ….