Brown et al v. Herbert et al

Brown et al v. Herbert et al

Plaintiff:	Kody Brown, Meri Brown, Janelle Brown, Christine Brown and Robyn Sullivan
Defendant:	Gary R. Herbert, Mark Shurtleff and Jeffrey R. Buhman
Interested Party:	United States of America
Case Number:	2:2011cv00652
Filed:	July 13, 2011
Court:	US District Court for the District of Utah
Office:	Central Office
County:	Salt Lake
Presiding Judge:	Clark Waddoups
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1983 Civil Rights
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 9, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 9, 2017	Filing 112 ORDER TO VACATE JUDGMENT AND DISMISS CASE - Pursuant to the Tenth Circuit Court of Appealss remand instruction, the judgment in favor of the Browns (Dkt. No. #90 ) is hereby VACATED and the court DISMISSES this case without prejudice. Signed by Judge Clark Waddoups on 3/9/2017. (jwt) Modified on 3/9/2017 - added JUDGMENT to entry title(jwt).
January 23, 2017	Filing 111 ORDER of Supreme Court Circuit as to #95 Notice of Appeal, filed by Jeffrey R. Buhman. The petition for a writ of certiorari is denied. (jmr)
September 16, 2016	Filing 110 Letter from US Supreme Court re: Notice of Petition for Writ of Certiorari re #95 Notice of Appeal. Supreme Court Case Number 16-333. (jmr)
August 8, 2016	Filing 109 ORDER of USCA Supreme Court Circuit as to #95 Notice of Appeal, filed by Jeffrey R. Buhman. Supreme Court Order granting an extension of time to file a petition for a writ of certiorari. (jmr)
May 24, 2016	Filing 108 MANDATE of USCA as to #95 Notice of Appeal, filed by Jeffrey R. Buhman. According to the USCA the case of the USDC for the Dist of UT is remanded. Judgment included with mandate: Yes. Case Reopened. (Attachments: #1 Judgment, #2 Mandate Letter)(jmr)
May 13, 2016	Filing 107 ORDER of USCA 10th Circuit as to #95 Notice of Appeal filed by Jeffrey R. Buhman. The Petition for en banc review is denied. The panel has decided, sua sponte, to amend the original decision. A copy of the amended decision is attached to this order. (blh)
September 11, 2015	Filing 106 CLERK'S JUDGMENT FOR ATTORNEY'S FEES-IT IS ORDERED AND ADJUDGED: That judgment for attorney fees be entered in favor of the plaintiff and against the defendants in the amount of $242,550. Signed by Louise S. York. (jmr)
September 4, 2015	Filing 105 ORDER granting #91 Motion for Attorney Fees. Judgment in the amount of $242,550 shall be entered in favor the Plaintiffs and against theDefendants. Signed by Judge Clark Waddoups on 9/4/15. (jmr)
February 19, 2015	Filing 104 Please be advised the Record is complete for purposes of appeal for USCA case number 14-4117 re #95 Notice of Appeal,. (jmr)
January 16, 2015	Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 17, 2014 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las).
January 16, 2015	Filing 101 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Mootness held on July 25, 2012 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las).
October 9, 2014	Filing 100 Please be advised the Record is complete for purposes of appeal for USCA case number 14-4117 re #95 Notice of Appeal,. (jmr)
October 7, 2014	Filing 99 ORDER granting #98 Motion for Extension of Time to Respond to Motion for Attorneys' fees. Signed by Judge Clark Waddoups on 10/7/14. (jmr)
October 7, 2014	Filing 98 Stipulated MOTION for Extension of Time to Respond filed by Defendant Jeffrey R. Buhman. (Roberts, Thomas)
September 25, 2014	Filing 97 USCA Case Number Case Appealed to Tenth Case Number 14-4117 for #95 Notice of Appeal, filed by Jeffrey R. Buhman. (jmr)
September 25, 2014	Filing 96 Transmission of Preliminary Record to USCA re #95 Notice of Appeal. (Attachments: #1 Appendix)(jmr)
September 24, 2014	Filing 95 NOTICE OF APPEAL as to #78 Order on Motion for Summary Judgment,, Order on Motion to Strike, Memorandum Decision,,,, #90 Judgment, filed by Jeffrey R. Buhman. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2130529. (Douglas, Parker)
September 24, 2014	Filing 94 NOTICE of Appearance by Parker Douglas on behalf of Jeffrey R. Buhman (Douglas, Parker)
September 19, 2014	Filing 93 ORDER granting #92 Motion for Extension of Time to File Response/Reply re #92 Stipulated MOTION for Extension of Time to File Response/Reply as to #91 First MOTION for Attorney Fees and Memorandum in Support . Replies due by 10/27/2014. Signed by Judge Clark Waddoups on 9/18/14. (jmr)
September 18, 2014	Filing 92 Stipulated MOTION for Extension of Time to File Response/Reply as to #91 First MOTION for Attorney Fees and Memorandum in Support filed by Defendant Jeffrey R. Buhman. (Attachments: #1 Text of Proposed Order)(Roberts, Thomas)
September 10, 2014	Filing 91 First MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Turley, Jonathan)
August 27, 2014	Filing 90 VACATED PER #112 ORDER TO VACATE JUDGMENTMEMORANDUM DECISION AND JUDGMENT-The court therefore finds in favor of Plaintiffs on their seventh and final count in the Complaint under 42 U.S.C. 1983 and GRANTS summary judgment in their favor on this last remaining count. Case Closed. See Memorandum Decision for details. Signed by Judge Clark Waddoups on 8/27/14. (jmr) Modified on 3/9/2017 (jwt).
February 12, 2014	Filing 89 RESPONSE re 84 Status Conference,,, #85 Response (NOT to motion), filed by Jeffrey R. Buhman. (Attachments: #1 Exhibit Proposed Judgment)(Jensen, Jerrold)
February 10, 2014	Filing 88 DOCKET TEXT ORDER granting #87 Motion for Extension of Time to File Response/Reply re #87 MOTION for Extension of Time to File Response/Reply as to #85 Response (NOT to motion) Reply due by 2/12/2014. Signed by Judge Clark Waddoups on 2/10/2014. No attached document. (aw)
February 10, 2014	Filing 87 MOTION for Extension of Time to File Response/Reply as to #85 Response (NOT to motion) filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold)
January 30, 2014	Filing 86 NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re #85 Response (NOT to motion) (Attachments: #1 7th Circuit Opinion) (Turley, Jonathan)
January 27, 2014	Filing 85 RESPONSE re 84 Status Conference,,,, filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
January 17, 2014	Filing 84 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 1/17/2014. This matter is before the court to determine the status of the 42 U.SC. 1983 claim. Counsel address the court on the issue. Counsel are to prepare briefing advising the court on the 1983 issue as outlined on the record. Plaintiffs' brief is due on 1/27/2014. Defendant's response due 2/10/2014. The court will review the briefing and determine if a hearing is needed. Mr. Jensen requests he be allowed to prepare the draft of the final order in the case when it reaches that point. The court will allow him file the first proposed draft of the final order. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt)
January 2, 2014	Filing 83 AMENDED NOTICE OF HEARING: Status Conference set for 1/17/2014 03:30 PM in Room 102 before Judge Clark Waddoups. (Notice generated by jwt) (jwt)
December 23, 2013	Filing 82 NOTICE OF HEARING: (Notice generated by jwt) Status Conference set for 1/14/2014 03:00 PM in Room 102 before Judge Clark Waddoups. (jwt)
December 20, 2013	Filing 81 ORDER to Vacate Judgment- re #79 Clerk's Judgment. The judgment of the Clerk of Court (Dkt. No. 79) is hereby vacated as having been entered on the docket without taking into consideration that there is a pending issue to be resolved. Signed by Judge Clark Waddoups on 12/20/13. (jmr)
December 20, 2013	Filing 80 Modification of Docket: Error: Case Closed in error. Correction: Case will be re-opened re #79 Clerk's Judgment. (jmr)
December 17, 2013	Filing 79 CLERK'S JUDGMENT-IS ORDERED AND ADJUDGED that judgment be entered as follows: Utah Code Ann. 76-7-101 (2013) is facially unconstitutional. The phrase "or cohabits with another person" is stricken as a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and is without a rational basis under the Due Process Clause of the Fourteenth Amendment. Further, the statute is susceptible to a narrowing construction of the terms "marry" and purports to marry" to remedy the constitutional infirmity of the remainder of the statute. Signed by Louise S. York. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case (jmr) Modified on 12/20/2013-Case was closed in error. (jmr).
December 13, 2013	Filing 78 MEMORANDUM DECISION granting in part #49 Motion for Summary Judgment ; denying #55 Motion for Summary Judgment ; finding as moot #60 Motion to Strike. Signed by Judge Clark Waddoups on 12/13/13. See order for details(rks)
March 26, 2013	Filing 77 NOTICE of New Authority by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Turley, Jonathan)
February 8, 2013	Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on January 17, 2013 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013. (asp) Modified by removing restricted text on 5/9/2013 (mlp).
January 17, 2013	Filing 74 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/17/2013 re #49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, #55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrod Jensen, Thomas Roberts. Court Reporter: Karen Murakami. (jwt)
September 28, 2012	Filing 73 REPLY to Response to Motion re #55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Attachments: #1 Exhibit Exhibit)(Jensen, Jerrold)
September 14, 2012	Filing 72 MEMORANDUM in Opposition re #55 Cross MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
August 31, 2012	Filing 71 MEMORANDUM in Support re #49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
August 20, 2012	Filing 70 NOTICE OF HEARING ON MOTION re: #55 Cross MOTION for Summary Judgment , #49 MOTION for Summary Judgment : (Notice generated by jwt) Motion Hearing set for 1/17/2013 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt)
August 17, 2012	Filing 69 MEMORANDUM DECISION and Order-denying #46 Motion to Dismiss-For the reasons stated in the Order, the court hereby DENIES Defendant Buhmans motion to dismiss on the grounds of mootness. (Dkt. No. 46). On July 2, 2012, the court issued a stay on further proceedings on Plaintiffs motion for summary judgment and Defendants cross-motion for summary judgment. (Dkt. No. 64). The stay is now LIFTED. Plaintiffs may, in their discretion, file a reply memorandum to Defendants memorandum opposing Plaintiffs motion for summary judgment on or before August 31, 2012. Plaintiffs should also file a memorandum opposing Defendants cross-motion for summary judgment on or before September 14, 2012. Defendant may then, at his discretion, file a reply memorandum on or before September 28, 2012. Signed by Judge Clark Waddoups on 8/17/12. (jmr)
July 25, 2012	Filing 68 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 7/25/2012 re #46 MOTION to Dismiss for Mootness filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt)
July 23, 2012	Filing 67 AFFIDAVIT/DECLARATION of Kody Brown in Opposition re #46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
July 13, 2012	Filing 66 REPLY to Response to Motion re #46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold)
July 3, 2012	Filing 65 NOTICE OF HEARING ON MOTION re: #46 MOTION to Dismiss for Mootness : (Notice generated by jwt) Motion Hearing set for 7/25/2012 11:00 AM in Room 102 before Judge Clark Waddoups. (jwt)
July 2, 2012	Filing 64 ORDER re #49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, #55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. Further pleadings in response to, or opposition to these Motions will not be required pending this Courts determination of whether or not it has jurisdiction. See order for details. Signed by Judge Clark Waddoups on 7/2/12. (jmr)
July 2, 2012	Filing 63 MEMORANDUM in Opposition re #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
July 2, 2012	Filing 62 Motions No Longer Referred: #60 MOTION to Strike #55 Cross MOTION for Summary Judgment , #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion , #56 Memorandum in Support of Motion, #58 Memorandum in Sup, #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion (mjw)
June 29, 2012	Filing 61 MEMORANDUM in Support re #60 MOTION to Strike #55 Cross MOTION for Summary Judgment , #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion , #56 Memorandum in Support of Motion, #58 Memorandum in Sup filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
June 29, 2012	Filing 60 MOTION to Strike #55 Cross MOTION for Summary Judgment , #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion , #56 Memorandum in Support of Motion, #58 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan)
June 29, 2012	Filing 59 RESPONSE to Motion re #46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
June 29, 2012	Filing 58 MEMORANDUM in Support re #57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. (Attachments: #1 Text of Proposed Order Proposed Order)(Jensen, Jerrold)
June 29, 2012	Filing 57 MOTION to Stay re #49 MOTION for Summary Judgment , #50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. Motions referred to Brooke C. Wells.(Jensen, Jerrold)
June 29, 2012	Filing 56 Oral MEMORANDUM in Support re #55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold)
June 29, 2012	Filing 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold)
June 8, 2012	Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Hearing on Motion to Dismiss held on December 16, 2011 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/6/2012. (jmr) Modified by removing restricted text on 9/6/2012 (mlp).
June 1, 2012	Filing 52 ORDER granting #48 Motion for Leave to File Excess Pages. Signed by Judge Clark Waddoups on 5/31/12. (jmr)
May 31, 2012	Filing 51 Motions No Longer Referred: #48 MOTION for Leave to File Excess Pages (saw)
May 31, 2012	Filing 50 MEMORANDUM in Support re #49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
May 31, 2012	Filing 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
May 31, 2012	Filing 48 MOTION for Leave to File Excess Pages filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan)
May 31, 2012	Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Attachments: #1 Affidavit Declaration)(Jensen, Jerrold)
May 31, 2012	Filing 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold)
May 10, 2012	Filing 45 DOCKET TEXT ORDER No attached document. Initial Pretrial Conference is VACATED. Motion deadline is 5/31/12, responsive memo due 6/29/12 and reply due 7/16/12. Counsel are to notify court after resolution of dispositive motions for scheduling. Signed by Magistrate Judge Evelyn J. Furse on 05/10/12. (tab)
May 10, 2012	NOTICE VACATING Initial Pretrial Conference HEARING set for 05/16/12 before Judge Furse (Notice generated by Theresa Brown). Counsel are directed to notify the court when scheduling is required. (tab)
May 4, 2012	Filing 44 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Brooke C. Wells. Signed by Judge Clark Waddoups on 5/4/2012. No document attached.(saw)
May 4, 2012	Filing 43 Joint MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
May 4, 2012	Filing 42 Plaintiff's MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
April 16, 2012	Filing 41 NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 03/14/16 40 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss) (tab)
March 14, 2012	Filing 40 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss)
March 13, 2012	Filing 39 NOTICE of Acknowledgment of Constitutional Challenge to an Act of Congress by United States of America (Parker, Ryan)
March 8, 2012	Filing 38 ORDER granting #36 Motion for Admission Pro Hac Vice of Ryan B. Parker for United States of America. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #37 Motion for Admission Pro Hac Vice of Ryan B. Parker for United States of America. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 3/8/12. (jmr)
March 7, 2012	Filing 37 MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Swent, Jeannette)
March 6, 2012	Filing 36 MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Swent, Jeannette)
February 21, 2012	Filing 35 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jmr)
February 21, 2012	Filing 34 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan, Defendant Jeffrey R. Buhman. (jmr)
February 17, 2012	Filing 33 ANSWER to #1 Complaint, filed by Jeffrey R. Buhman.(Jensen, Jerrold)
February 6, 2012	Filing 32 NOTICE OF TRANSMITTAL that Notice of Claim sent. (jmr)
February 3, 2012	Filing 31 MEMORANDUM DECISION and Order-granting in part and denying in part #7 Motion to Dismiss. Defendants motion as to Defendants Gary R. Herbert, in his official capacity as Governor of Utah, and Mark Shurtleff, in his official capacity as Attorney General of Utah, is GRANTED. These Defendants are dismissed. Defendants motion with regard to Jeffrey R. Buhman, in his official capacity as County Attorney for Utah County, is DENIED. Signed by Judge Clark Waddoups on 2/3/12. (jmr)
January 11, 2012	Filing 30 NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: #1 Supplement) (Turley, Jonathan)
December 19, 2011	Filing 29 AFFIDAVIT/DECLARATION of Amanda Jex in Support re #7 MOTION to Dismiss for Lack of Standing filed by Defendants Gary R. Herbert, Mark Shurtleff. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Jensen, Jerrold)
December 16, 2011	Filing 28 NOTICE of Supplemental Material by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re #12 Memorandum in Opposition to Motion (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Turley, Jonathan)
December 16, 2011	Filing 27 Please disregard See #28 -NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Turley, Jonathan) Modified on 12/19/2011-Per call from counsel's office re-filed as 28. (jmr).
December 16, 2011	Filing 26 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 12/16/2011 re #7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts, Amanda Jex. Court Reporter: Karen Murakami. (jwt)
December 13, 2011	Filing 25 Plaintiff's RESPONSE to Order Docket #20 filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: #1 Exhibit David Tenzer Declaration, #2 Exhibit Michael Maguire Declaration)(Turley, Jonathan)
December 13, 2011	Filing 24 ERRATA to #23 Response to Order to Show Cause filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan . (Turley, Jonathan)
December 12, 2011	Filing 23 RESPONSE TO ORDER TO SHOW CAUSE filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
December 9, 2011	Filing 22 RESPONSE TO ORDER TO SHOW CAUSE filed by Gary R. Herbert, Mark Shurtleff. (Roberts, Thomas)
November 29, 2011	Filing 21 AMENDED NOTICE OF HEARING ON MOTION re: #7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 08:30 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt)
November 1, 2011	Filing 20 DOCKET TEXT ORDER re #7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. Upon review of the memoranda submitted in support and in opposition to the Defendants' motion to dismiss for lack of standing, the court observes that all parties have relied upon facts to support their arguments for which they have not yet offered supporting evidence. If the parties intend to rely upon disputed facts to support their motion, both sides should be prepared to present evidence to support such facts at the hearing set for December 16, 2011. In particular, Plaintiffs should be prepared to substantiate their standing through evidence of the Defendants' investigations and other allegedly injurious actions. The Defendants should be prepared to offer rebuttal evidence and any additional evidence that would defeat the Plaintiffs' claim of standing. Signed by Judge Clark Waddoups on 11/1/11. (No attached document) (jwt)
October 31, 2011	Filing 19 REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold)
October 31, 2011	Filing 18 AMENDED NOTICE OF HEARING ON MOTION re: #7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 09:00 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt)
October 28, 2011	Filing 17 ORDER re 16 Notice of Hearing on Motion. See order for details. Signed by Judge Clark Waddoups on 10/28/11. (jmr)
October 26, 2011	Filing 16 NOTICE OF HEARING ON MOTION re: #7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt)
October 17, 2011	Filing 15 AFFIDAVIT/DECLARATION of Janelle Brown in Opposition re #7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
October 17, 2011	Filing 14 AFFIDAVIT/DECLARATION of Meri Brown in Opposition re #7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
October 17, 2011	Filing 13 AFFIDAVIT/DECLARATION of Kody Brown in Opposition re #7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
October 17, 2011	Filing 12 Plaintiff's MEMORANDUM in Opposition re #7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
September 29, 2011	Filing 11 NOTICE of Appearance by Thomas D. Roberts on behalf of Gary R. Herbert, Mark Shurtleff (Roberts, Thomas)
September 27, 2011	Filing 10 ORDER GRANTING EXTENSION OF TIME-granting #9 Motion for Extension of Time to File Response/Reply re #9 First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Standing, #8 Memorandum in Support of Motion,First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Standing, #8 Memorandum in Support of Motion. Responses due by 10/17/2011. Signed by Judge Clark Waddoups on 9/26/11. (jmr)
September 22, 2011	Filing 9 First MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Standing, #8 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan)
September 2, 2011	Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Attachments: #1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney, #2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General)(Jensen, Jerrold)
September 2, 2011	Filing 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold)
July 29, 2011	Filing 6 RESTRICTED DOCUMENT SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Mark Shurtleff served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan)
July 29, 2011	Filing 5 RESTRICTED DOCUMENT SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Gary R. Herbert served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan)
July 29, 2011	Filing 4 RESTRICTED DOCUMENT SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Jeffrey R. Buhman served on 7/15/2011, answer due 8/5/2011. (Turley, Jonathan)
July 22, 2011	Filing 3 ORDER granting #2 Motion for Admission Pro Hac Vice of Jonathan Turley for Christine Brown,Jonathan Turley for Janelle Brown,Jonathan Turley for Kody Brown,Jonathan Turley for Meri Brown,Jonathan Turley for Robyn Sullivan. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 07/21/2011. (asp)
July 13, 2011	Filing 2 MOTION for Admission Pro Hac Vice of Jonathan Turley, Registration fee $ 15, receipt number 4681045690, Fee Status: Paid. filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Proposed Order, #3 Exhibit C - CM/ECF Registration)(rks)
July 13, 2011	Filing 1 COMPLAINT against Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff (Filing fee $ 350, receipt number 4681045689) (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown. (Attachments: #1 Civil Cover Sheet) Assigned to Judge Clark Waddoups (rks)

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Plaintiff: Kody Brown
Represented By:	Jonathan Turley
Represented By:	Adam Alba
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Plaintiff: Meri Brown
Represented By:	Jonathan Turley
Represented By:	Adam Alba
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Plaintiff: Janelle Brown
Represented By:	Jonathan Turley
Represented By:	Adam Alba
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Plaintiff: Christine Brown
Represented By:	Jonathan Turley
Represented By:	Adam Alba
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Plaintiff: Robyn Sullivan
Represented By:	Jonathan Turley
Represented By:	Adam Alba
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Defendant: Gary R. Herbert
Represented By:	Jerrold S. Jensen
Represented By:	Thomas D. Roberts
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Defendant: Mark Shurtleff
Represented By:	Jerrold S. Jensen
Represented By:	Thomas D. Roberts
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Defendant: Jeffrey R. Buhman
Represented By:	Jerrold S. Jensen
Represented By:	Parker Douglas
Represented By:	Thomas D. Roberts
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Interested party: United States of America
Represented By:	Jeannette F. Swent
Represented By:	Ryan B. Parker
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