Werbe
2週前
We finally have the court case dismissed yesterday. That means there has been a change of control @ FTEG or very soon to be. Hopefully they open up communications for you all here but I would start trying to find out where FTEG state profile is and start watching it and FTEG OTCM profile.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Frank Underhill, Jr.,
by and through his counsel of record, Byron E. Thomas, Esq. of the Law Offices of Byron Thomas,
and Defendant Nelson Grist, appearing pro se, pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii), that the above-captioned action, including all claims and causes of action asserted
therein, be dismissed in its entirety WITH PREJUDICE as to all Defendant Nelson Grist,
Werbe
4週前
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1282858v.1 Page 1 of 2
BYRON E. THOMAS, ESQ. (NBN 8906)
E-mail: byronthomaslaw@gmail.com
LAW OFFICES OF BYRON THOMAS
3275 S. Jones Blvd, Ste 104
Las Vegas, Nevada 89146
Telephone: 702 747-3103
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FRANK UNDERHILL, JR., an individual,
Plaintiff,
vs.
FOR THE EARTH CORPORATION, an
Arizona Corporation; NELSON GRIST, an
individual; DOES I through X, inclusive; and
ROE ENTITIES XI through M, inclusive,
Defendants.
Case No.: 2:21-cv-01287- CDS-MDC
JOINT STATUS REPORT
Plaintiff Frank Underhill, Jr. and Defendant Nelson Grist, by and through their respective
2026 (ECF No. 96), which directs the parties to file either a stipulation of dismissal or a joint status
report addressing settlement on or before June 5, 2026.
The parties have reached a settlement that resolves all claims asserted in this action. The
settlement is memorialized in a written Settlement Agreement and General Release executed by the
parties.
The Settlement Agreement provides that the action will be dismissed with prejudice upon the
Case 2:21-cv-01287-CDS-DJA Document 97 Filed 06/05/26 Page 1 of 3
Werbe
4週前
They did post late on 6-5-26. Here is it below.
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1282858v.1 Page 2 of 2
the resignation and appointment of a successor officer and director, and the transfer of certain
domain names. The parties are in the process of completing those obligations.
The parties anticipate that they will file a stipulation and proposed order for dismissal with
prejudice within seventeen (17) days, on or before June 22, 2026. The parties respectfully request
leave to file the stipulation of dismissal by that date and will promptly notify the Court upon filing.
Respectfully submitted this 5th day of June, 2026.
LAW OFFICES OF BYRON THOMAS
By: ____/s/ Byron Thomas, Esq.__
Byron Thomas, Esq.
Nevada Bar No. 8906
3275 S. Jones Blvd, Ste 104
Las Vegas, Nevada 89146
Telephone: 702 747-3103
Attorneys for Plaintiff
/s/ Nelson Grist ______________________________ NELSON GRIST, Defendant, Pro Se]
CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of June, 2026, I electronically filed the foregoing JOINT
STATUS REPORT with the Clerk of the Court using the CM/ECF system, which will send notice of
electronic filing to all counsel of record. [If applicable: I further certify that a copy was served on the
following party by the method indicated:] _____/s/Byron E. Thomas___ An employee of the Law Offices of Byron Thomas
Case 2:21-cv-01287-CDS-DJA Document 97 Filed 06/05/26 Page 2 of 3
Werbe
2月前
Theyre through Pacer, which costs money to view and does not allow linking of any documents. Its not expensive whatsoever, they only bill if you exceed a limit. Here is the court case number below, which other sites might let you view certain portions but will try to trick you into paying more money than necessary so be careful. Use Pacer, Ive only been charged a handful of times and it usually comes from me going down rabbit holes of hundreds and hundreds of pages of documents I download and go over in spare time.
As for Grist case, I usually check each morning when I get into work. Still last court upload on 4-13-26. Work family wifes pregnant, just a lot going on in Werbes World lol.
Court Case Number Below.
2:21-cv-01287-CDS-DJA
Werbe
3月前
I missed this from the Judge on Monday. He is giving them one final timeline of 6-5-26 for them to file a dismissal or settlement. Judge is tired of the run around and I dont blame him. If they do not file by that date, he will dismiss himself and hit them with monetary sanctions.
The court has repeatedly ordered the parties to file a proposed joint pretrial order. Pursuant to the eighth amended scheduling order, the parties were required to file a proposed joint pretrial order by November 28, 2025. ECF No. 85. They did not, so I ordered them to do so by March 3, 2026. ECF No. 88. On the day it was due, plaintiff Frank Underhill Jr. moved to extend the time to file the proposed joint pretrial order. ECF No. 91. In that motion, Underhill represented that the parties reached a settlement that would resolve all claims but, “in an abundance of caution,” he requested an additional ten days. Id. I granted that request and extended the deadline to March 13, 2026. ECF No. 92. In the alternative, I ordered that if the parties must file either a stipulation of dismissal or a joint status report addressing settlement by that same date. Id. The parties failed to comply with either directive. On March 24, 2026, I again ordered the parties to file a proposed joint pretrial order by April 6, 2026. ECF No. 93. Despite these orders and extensions, the parties again failed to comply. They also failed to file a joint status report addressing the status of the purported settlement or to dismiss the case. On April 8, 2026, Underhill filed a motion seeking a four-day extension of time to file the joint pretrial order. ECF No. 94. Then, on April 10, 2026, Underhill filed a proposed pretrial order. ECF No. 95.
First and foremost, it appears that defendant Nelson Grist did not participate in the preparation of the proposed order, so it is not a joint order as required by Local Rule 16-3(b). Underhill’s proposed order fails to indicate whether he invited the defendant to assist in its
preparation. Thus, I reject it. Further, in the proposed order, Underhill again represents that the parties have reached a settlement in principle and requests sixty days to finalize the settlement before filing a stipulation of dismissal. ECF No. 95 at 3. In light of this continued representation, I will grant one final extension of time. However, failure to comply with the court’s order will result in the imposition of sanctions, up to and including monetary sanctions and the dismissal of this case.1
Conclusion
It is hereby ordered that Underhill’s proposed pretrial order [ECF No. 95] is REJECTED, and his second motion to extend time [ECF No. 94] is DENIED as moot. It is further ordered that the parties must file either a stipulation of dismissal or a joint status report addressing settlement by June 5, 2026. Failure to timely comply will result in the imposition of sanctions, up to and including monetary sanctions and the dismissal of this case
Werbe
3月前
We have something juicy today. They filed for GUESS WHAT??? 4 more days to 4-10-25. There will be change of control @ FTEG, it is just being ironed out.
This Court's Order of March 24, 2026 directed the parties to file a Proposed Joint Pretrial
Order consistent with Local Rules 16-3 and 16-4 by April 6, 2026. Plaintiff's counsel
inadvertently recorded the deadline as April 10, 2026 due to a calendaring error, and simultaneously suffered a significant flare-up of a chronic back condition arising from a prior fall, which further impaired counsel's ability to meet the April 6 deadline.
The requested extension is brief — only four days from the original deadline. The parties
have reached a settlement and are actively working to finalize the written settlement agreement. The settlement involves the change of control and thus is complex and is taking more time to finalize the documents than originally thought. There is no prejudice to any party from this brief extension, and good cause exists for the relief requested
The parties have reached a settlement in principle, but it involves a change of control
whose details are taking longer than anticipated to work out. I am actively working to finalize the
written settlement agreement and ancillary documents. A stipulation of dismissal is anticipated within ninety days.
Werbe
3月前
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Frank Underhill, Jr.,
Plaintiff
v.
Nelson Grist, et al.,
Defendants
Case No. 2:21-cv-01287-CDS-DJA
Order Directing Parties to File a Proposed Joint Pretrial Order
On March 5, 2026, I granted plaintiff Frank Underhill Jr.’s motion to extend time to file a
proposed joint pretrial order. ECF No. 92. That order extended the deadline to March 13, 2026.
Id. In the alternative, I ordered the parties to file either a stipulation of dismissal or a joint status
report addressing settlement by that same date.Id. Now, more than a week after the deadline,
the parties have failed to do either.
It is therefore ordered that the parties must prepare and file a proposed joint pretrial
order consistent with Local Rules 16-3 and 16-4 by April 6, 2026. Failure to do so may result in
sanctions.
Dated: March 24, 2026
Werbe
4月前
Plaintiff Frank Underhill, Jr., moves to extend the March 3, 2026 deadline to file a
proposed joint pretrial order. ECF No. 91. Underhill represents that the parties may have
reached settlement that would resolve all claims. Id. Based on these representations, I find good
cause to grant the request. The deadline to file a proposed joint pretrial order is extended to
March 13, 2026, nunc pro tunc. If the parties finalize the settlement, they must file either a
stipulation of dismissal or a joint status report addressing settlement by that same date.
Werbe
4月前
Plaintiff Frank Underhill, Jr. (“Plaintiff”), through his counsel, the Law Office of Byron
Thomas, files this Motion to Extend the Deadline to File a Proposed Joint Pretrial Order (the
“Motion”). The Court set March 3, 2026 as the deadline to file a Proposed Joint Pretrial Order. The
Plaintiff believes that the parties have reached settlement and are circulating the final draft of the
settlement agreement that would resolve all claims as to all parties. Plaintiff believes that the
documents will be signed this week but in an abundance of caution he requests 10 additional days.
DATED this 3rd day of March 2026.