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Ronald George #7721 attorney for defendants Atlas Capital, LLC, Atlas Marketing Group, L.C.,
Wade Sleater, Atlas Communications Group and Atlas Ventures
Plaintiffs,
Defendants.
vs.
JEFF JOHNS
ANSWER
1. Defendants deny each and every allegation plaintiff’s complaint not specifically
admitted herein.
3. Defendants deny paragraphs 1, 2, 10, 11, 12, 13, 14,16, 39, 47, 48, 49, 50, 51, 52, 53,
54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79,
80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103,
4. Defendants, for lack of knowledge, deny paragraphs 3, 4, 5, 17, 18, 19, 20, 21, 22, ,
admit that Mr. Johns loaned Atlas Capital the sum of $205,000.00, but for lack of knowledge
deny the allegation that Mr. Johns loaned money to Atlas Capital based upon representations of
Nelson.
6. Concerning paragraph 24 defendants admit the allegations of 24(a)and (b) and admit
that Ms. Johns loaned Atlas Capital the sum of $52,000.00, but for lack of knowledge deny the
allegation that Mr. Johns loaned money to Atlas Capital based upon representations of Nelson.
7. Concerning paragraph 25 defendants admit the allegations of 2(a) and admit that Mr.
Wilson loaned Atlas Capital the sum of $10,000.00, but for lack of knowledge deny the
allegation that Mr. Johns loaned money to Atlas Capital based upon representations of Nelson.
8. Concerning paragraph 28 defendants admit that Atlas Marketing agreed to pay any
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Case 2:08-cv-00129-DB Document 3 Filed 03/26/2008 Page 3 of 6
balance charged by Atlas Marketing on Mr. John’s American Express card in the ordinary course
9. Concerning paragraph 29 defendants admit that Atlas Marketing charged $****to Mr.
John’s American Express credit card but deny all other allegations.
10. Concerning paragraph 30 defendants state that only Atlas Marketing had an
obligation to repay the debt incurred by Atlas Marketing on Mr. John’s American Express card
and state that Atlas Marketing has not repaid the debt but deny all other allegations.
11. Concerning paragraph 32 defendants state that only Atlas Capital had an obligation
to repay any debt, other than American Express credit card charges owned to Mr. Johns and
admit that Atlas Capital has not repaid the principle investment as set out in paragraphs 23, 24
12. Concerning paragraph 35 defendants state that only Atlas Capital had an obligation
to repay any debt, to Ms. Johns and Mr. Wilson, and admit that Atlas Capital has not repaid the
principle investment as set out in paragraphs 23, 24 and 25 of plaintiffs complaint but deny all
other allegations.
13. Concerning paragraph 36 defendants admit that starting in October 2007, Atlas
Capital stopped paying Mr. Johns interest payments, but deny all other allegations.
14. Concerning paragraph 38 defendants admit that a promissory note has not been
provided to Mr. Johns, but for lack of knowledge deny all other allegations.
15. Concerning paragraph 40 defendants admit that the principle funds loaned to Atlas
Capital by Mr. Johns, Ms. Johns and Mr. Wilson have not been returned by Atlas Capital, but
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16. Concerning paragraph 41 defendants admit only that Atlas Marketing agreed to pay
off the balance of Mr. John’s American Express card and deny all other allegations.
17. Concerning paragraph 42 defendants admit that only Atlas Marketing has failed to
pay off the balance on Mr. John’s American Express card and deny all other allegations.
18. Concerning paragraph 43 defendants that only Atlas Capital is liable for any
19. Concerning paragraph 44 defendants that only Atlas Capital is liable for any
20. Concerning paragraph 45 defendants that only Atlas Capital is liable for any
21. Concerning paragraph 46 defendants state that only Atlas Marketing is liable for any
22. Plaintiff’s complaint fails to state a cause of action against Wade Sleater, Atlas
23. Atlas Marketing Group, L.C., filed a Chapter 11 bankruptcy on January 15, 2008,
Case No. 08-20225, and this action is stayed by the automatic stay of 11 USC §362.
24. Defendants are entitled to an offset against any claim of JEFF JOHNS for any
amounts counter claim plaintiffs are awarded against JEFF JOHNS pursuant to their cross claim.
Wherefore defendants pray that judgment be entered only against Atlas Capital and only
for the amount found owing at trial and that the complaint be dismissed and plaintiff take nothing
against Wade Sleater, Atlas Marketing Group, L.C., Atlas Communications Group, L.C. and
Atlas Ventures.
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CROSS CLAIM
Comes now cross claim plaintiffs and as a cross claim against JEFF JOHNS, allege as
follows:
24. JEFF JOHNS solicited, obtained the funds, and received a commission on the funds
complaint.
25. JEFF JOHNS is jointly and severally liable with any of the cross claim plaintiffs
found to be liable pursuant to any cause of action complained of by plaintiffs SHIRLEY JOHNS
or KENNETH WILSON.
26. Cross claim plaintiffs are entitled to judgment against JEFF JOHNS for any amounts
for which cross claim plaintiffs are found to be liable to SHIRLEY JOHNS or KENNETH
WILSON.
Wherefore cross claim plaintiffs pray for judgment against JEFF JOHNS for any
amounts for which cross claim plaintiffs are found to be liable to SHIRLEY JOHNS or
KENNETH WILSON.
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CERTIFICATE OF SERVICE
I certify that on March 26, 2008, the foregoing was served VIA/ECF as follows:
Adam D. Ford
Daniel A. Decker
210 N. 1200 East #200
Lehi, UT 84043