Case 1:10-cv-00621-EJL -REB Document 66-2

Filed 04/08/11 Page 1 of 4

RICHARD H. GREENER, ISB # 1191 MONICA R. MORRISON, ISB #7346 GREENER BURKE SHOEMAKER P.A. Counselors and Attorneys at Law 950 West Bannock Street, Suite 900 Boise, ID 83702 Telephone (208) 319-2600 Facsimile (208) 319-2601 Email: rgreener@greenerlaw.com mmorrison@greenerlaw.com RICHARD A. ROTH, NYSB #1961036 (Admitted Pro Hac Vice) THE ROTH LAW FIRM, P.L.L.C. 295 Madison Avenue, 22nd Floor New York, NY 10017 Telephone (212) 542-8882 Facsimile (212) 542-8883 Email: rich@rrothlaw.com Attorneys for Defendants Alternate Energy Holdings, Inc., Donald L. Gillispie, Jennifer Ransom, and Relief Defendants Bosco Financial, LLC, and Energy Executive Consulting, LLC UNITED STATES DISTRICT COURT DISTRICT OF IDAHO SOUTHERN DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ALTERNATE ENERGY HOLDINGS, INC., DONALD L. GILLISPIE, and JENNIFER RANSOM, Defendants, BOSCO FINANCIAL, LLC, and ENERGY EXECUTIVE CONSULTING, LLC, Relief Defendants.
DEFENDANTS GILLISPIE, RANSOM AND RELIEF DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT - P.1
19211-001 (385152.doc)

Case No. 1:10-cv-00621-EJL DEFENDANTS DONALD L. GILLISPIE, JENNIFER RANSOM AND RELIEF DEFENDANTS RULE 56.1 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT

Case 1:10-cv-00621-EJL -REB Document 66-2

Filed 04/08/11 Page 2 of 4

Pursuant to Local Rule 56.1, Defendants Donald L. Gillispie and Jennifer Ransom (Mr. Gillispie, and Ms. Ransom, individually, or Defendants, collectively), and Relief Defendants Bosco Financial, LLC (Bosco) and Energy Executive Consulting, LLC (Energy Executive) (collectively Bosco and Energy Executive is referred to as, Relief Defendants), by and through their counsel, Greener Burke Shoemaker, PA and The Roth Law Firm, PLLC, hereby submit their Statement of Undisputed Material Facts in Support of their Motion for Summary Judgment, as to which there is no genuine issue to be tried:1 1. Ms. Ransom was never Alternative Energy Holdings Inc.s (AEHI) Chief

Executive Officer, Chief Financial Officer or an officer with day-to-day line responsibilities for running AEHI (nor was she at any time a board member or director).2 2. Ms. Ransoms actual job function at AEHI (as opposed to her title) was never that

of an officer as that term is defined in 17 CFR 240.16a-1(f). 3. Ms. Ransoms decision not to file Forms 3, 4, or 5 was based on the advice of

legal counsel at Pillsbury Winthrop Pittman Shaw, LLP.3 4. Neither Ms. Ransom nor Brian Webb, Esq. acted as nominees for the purpose of

selling AEHI stock for Mr. Gillispie. 5. The proceeds of Mr. Webbs stock sale went for his bona fide purchase of Mr.

Gillispies 2007 Lexus Hybrid automobile.4

Defendants motion for summary judgment and statement of undisputed material facts are supported by the accompanying Memorandum of Law and the Affidavits previously filed herein of Donald Gillispie (Docket #291)(hereinafter, Aff. Gillispie), Jennifer Ransom (Docket #29-2) (hereinafter, Aff. Ransom), Rick Bucci (Docket #29-3)(hereinafter, Aff. Bucci), Brian Webb (Docket #29-4)(hereinafter, Aff. Webb), Leo Estes (Docket #296)(hereinafter, Aff. Estes), and Aaron Hoddinott (Docket #29-5)(hereinafter, Aff. Hoddinott). 2 See, Aff. Ransom, 6; Aff. Gillispie, 32-35. 3 Aff. Gillispie, 46-50 and Exhibits F and G; Aff. Ransom 9-10. 4 See, Aff. Webb, 2-7 and Exhs. A-D; Aff. Gillispie, 51-53. DEFENDANTS GILLISPIE, RANSOM AND RELIEF DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT - P.1
19211-001 (385152.doc)

Case 1:10-cv-00621-EJL -REB Document 66-2

Filed 04/08/11 Page 3 of 4

6.

The proceeds of Ms. Ransoms stock sale went to repaying Mr. Gillispie for his

purchase of real estate for the benefit of Ms. Ransoms sister (whose house had been destroyed in a fire) and repayment of personal loans in the amount of $20,000.5 7. indirectly). 8. selling.6 DATED this 8th day of April, 2011. GREENER BURKE SHOEMAKER P.A. Mr. Gillispie purchased AEHI stock at the time when the SEC alleges that he was There is no evidence showing that Mr. Gillispie sold any AEHI stock (directly or

/s/ Richard H. Greener RICHARD H. GREENER Attorneys for Defendants and Relief Defendants

5 6

See, Aff. Ransom, 8, 11-19; Aff. Estes, 2-4; Aff. Gillispie, 32-45; Aff. Webb, 8-18 and Exhs. E-N. See, Aff. Gillispie, 35, fn. 9 and Exh. D. DEFENDANTS GILLISPIE, RANSOM AND RELIEF DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT - P.1
19211-001 (385152.doc)

Case 1:10-cv-00621-EJL -REB Document 66-2

Filed 04/08/11 Page 4 of 4

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of April, 2011, a true and correct copy of the within and foregoing instrument was served upon: Securities and Exchange Commission Mark P. Fickes K.C. Allan Waldron David A. Berman Susan L. Lamarca Marc J. Fagel 4 Montgomery Street, 26th Floor San Francisco, CA 94104 Attorneys for Plaintiff Richard Roth The Roth Law Firm 295 Madison Avenue, Floor 22 New York, NY 10017 Attorney for Defendants and Relief Defendants U.S. Mail Facsimile: 1 (212) 542-8883 Hand Delivery Overnight Delivery Email: rich@rrothlaw.com; U.S. Mail Facsimile: 1 (415) 705-2501 Hand Delivery Overnight Delivery Email: fickesm@sec.gov; bermand@sec.gov; waldronk@sec.gov; lamarcas@sec.gov;

/s/ Richard H. Greener Richard H. Greener Monica R. Morrison

DEFENDANTS GILLISPIE, RANSOM AND RELIEF DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT - P.1
19211-001 (385152.doc)