United States ex rel. Tracy v. Emigration Improvement Dist., et al
| R. STEVE CREAMER, an individual, JOE SMOLKA, an individual, CITY DEVELOPMENT, a Utah corporation, RONALD R. RASH, AQUA ENVIRONMENTAL SERVICES, INC., a Utah corporation, DON BARNETT, KEVIN W. BROWN, an individual, MICHAEL B. GEORGESON, an individual, BARNETT INTERMOUNTAIN WATER CONSULTING, a Utah corporation, THE BOYER COMPANY, a Utah company, ROBERT ROUSSELLE, an individual, LARRY HALL, an individual, KENNETH WILDE, an individual, AQUA ENGINEERING, a Utah corporation and CAROLLO ENGINEERS, INC., a California Professional corporation |
| DAVID BRADFORD, an individual, ERIC HAWKES, an individual, FRED A. SMOLKA, an individual, EMIGRATION IMPROVEMENT DISTRICT, a Utah Special Service District, LYNN HALES, an individual, MARK STEVENS, MICHAEL HUGHES, an individual, AKA Michael Scott Hughes and MARK STEVENS, an individual |
| UNITED STATES OF AMERICA EX. REL. MARK CHRISTOPHER TRACY |
| 19-4021 |
| March 8, 2019 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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| [10641629] Order filed by Clerk of the Court partially consolidating the appeals for purposes of briefing. Christensen & Jensen participates as a party in only Mr. Tracy's response and reply briefs. The court consolidates these appeals for the procedural purposes of submission of a single consolidated appendix, submission of the appeals to the court and argument if scheduled. All documents filed shall be captioned for and filed in both appeals, unless good cause exists to file a document in only one of the appeals. The court grants the motions to abate these appeals pending the United States Supreme Court's decision in United States ex rel. Hunt v Cochise Consultancy, Inc. 18-315. Mr. Tracy shall file a status report the earlier of 6/03/19 or within 5 business days after the occurrence of any developments that might affect the abatement of these appeals. Served on 04/16/2019. [19-4021, 19-4022] [Entered: 04/16/2019 10:58 AM] |
| [10641260] Motion filed by Appellant Mark Christopher Tracy to abate case. Served on: 04/15/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4021] KCK [Entered: 04/15/2019 12:59 PM] |
| [10641265] Response filed by Mark Christopher Tracy to Court's April 8, 2019 Order Regarding Consolidating Appeals. Served on 04/15/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4021] KCK [Entered: 04/15/2019 01:05 PM] |
| [10640852] Deficiency notice issued. Notice of appearance now due on 04/22/2019 for Appellees David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka, and Mark Stevens. [19-4021] [Entered: 04/12/2019 09:40 AM] |
| [10641006] Entry of appearance submitted by Jeremy R. Cook and William G. Garbina for Appellees Emigration Improvement District, Fred A. Smolka, Michael Hughes, Mark Stevens, David Bradford, Lynn Hales and Eric Hawkes for court review. Certificate of Interested Parties: Yes. Served on 04/12/2019. Manner of Service: email. [19-4021] --[Edited 04/12/2019 by SLS to remove PDF from docket entry as the document has been filed.] WGG [Entered: 04/12/2019 02:51 PM] |
| [10641041] Entry of appearance filed by Jeremy Rand Cook and William Gerald Garbina for Michael Hughes, Emigration Improvement District, Fred A. Smolka, David Bradford, Mark Stevens, Lynn Hales and Eric Hawkes. CERT. OF INTERESTED PARTIES: n. Served on 04/12/2019. Manner of Service: US mail. [19-4021] [Entered: 04/12/2019 04:00 PM] |
| [10639475] Order filed by Clerk of the Court. Mark Christopher Tracy's motions to stay briefing schedule filed separately in 19-4021 & 19-4022 are construed as motions to abate and are denied without prejudice. Although these appeals involve the same underlying order, they do not align as true cross-appeals. In the interests of promoting judicial efficiency and reducing cost to the parties, the court directs the parties to both appeals to jointly respond to this order by 04/15/2019. Served on 04/08/2019. [19-4021, 19-4022] [Entered: 04/08/2019 11:15 AM] |
| [10637242] Motion filed by Appellant Mark Christopher Tracy for stay of Briefing Schedule. Served on: 03/29/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4021] KCK [Entered: 03/29/2019 09:25 PM] |
| [10635984] Notice filed by Carollo Engineers, Inc. and Ronald R. Rash in 19-4021, 19-4022. Served on 03/26/2019 by email. [19-4022, 19-4021] --[Edited filers in docket text 03/27/2019 by SLS.] CMJ [Entered: 03/26/2019 11:04 AM] |
| [10635200] Entry of appearance filed by Mr. Craig Robert Mariger and Mr. C. Michael Judd for Carollo Engineers, Inc. and Ronald R. Rash CERT. OF INTERESTED PARTIES: y (already listed in the appeal). Served on 03/22/2019. Manner of Service: email. [19-4021] [Entered: 03/22/2019 12:33 PM] |
| [10635151] Entry of appearance submitted by Craig R. Mariger and C. Michael Judd for Appellee Carollo Engineers, Inc. for court review. Certificate of Interested Parties: No. Served on 03/22/2019. Manner of Service: US mail. [19-4021]--[Edited 03/22/2019 by KLP to delete the attachment; entry filed.] CMJ [Entered: 03/22/2019 11:13 AM] |
| [10635089] Filed notice record is complete. Served on 03/21/2019. [19-4021] [Entered: 03/22/2019 07:53 AM] |
| [10634774] Notice of non-participation filed by Robert L. Janicki and Michael L. Ford for R. Steve Creamer. Date of Service: 03/21/2019. Manner of Service: email. [19-4021] RLJ [Entered: 03/21/2019 10:23 AM] |
| [10634767] Entry of appearance submitted by Robert L. Janicki and Michael L. Ford for Appellee R. Steve Creamer for court review. Certificate of Interested Parties: Yes. Served on 03/21/2019. Manner of Service: email. [19-4021]--[Edited 03/21/2019 by KLP to delete the attachment; entry filed.] RLJ [Entered: 03/21/2019 10:20 AM] |
| [10634743] Entry of appearance filed by Ms. Kristen C. Kiburtz, Mr. Scot Allan Boyd, Mr. Bryson R. Brown and Mr. Stephen D. Kelson for Mark Christopher Tracy. CERT. OF INTERESTED PARTIES: y. Served on 03/20/2019. Manner of Service: email. [19-4021] [Entered: 03/21/2019 09:22 AM] |
| [10634805] Entry of appearance filed by Mr. Michael L. Ford and Mr. Robert L. Janicki for R. Steve Creamer. CERT. OF INTERESTED PARTIES: y (already listed in the appeal). Served on 03/21/2019. Manner of Service: email. [19-4021] [Entered: 03/21/2019 10:36 AM] |
| [10634859] Docketing statement filed by Mark Christopher Tracy. Served on 03/20/2019. Manner of Service: email. [19-4021] KCK [Entered: 03/21/2019 12:03 PM] |
| [10634959] Minute order filed - Notice due that record is complete by 03/28/2019 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment) [19-4021] [Entered: 03/21/2019 01:55 PM] |
| [10634864] Notice filed by Mark Christopher Tracy that a transcript is not necessary for this appeal. Served on: 03/20/2019. Manner of Service: email. [19-4021] --[Edited 03/21/2019 by SLS to correct docket event and text.] KCK [Entered: 03/21/2019 12:07 PM] |
| [10634693] Entry of appearance submitted by Scot A. Boyd, Stephen D. Kelson, Kristen C. Kiburtz, Bryson R. Brown for Appellant Mark Christopher Tracy in 19-4021, Appellee Mark Christopher Tracy in 19-4022 for court review. Certificate of Interested Parties: Yes. Served on 03/20/2019. Manner of Service: email. [19-4021, 19-4022]--[Edited 03/21/2019 by JM to remove PDF filed by the court in No. 19-4021 only. ] KCK [Entered: 03/20/2019 07:08 PM] |
| [10632118] Civil case docketed. Preliminary record filed. DATE RECEIVED: 3/8/19. Docketing statement due 03/22/2019 for Mark Christopher Tracy. Transcript order form due 03/22/2019 for Mark Christopher Tracy. Notice of appearance due on 03/22/2019 for Aqua Engineering, Aqua Environmental Services, Inc., David Bradford, Carollo Engineers, Inc., R. Steve Creamer, Emigration Improvement District, Lynn Hales, Larry Hall, Eric Hawkes, Michael Hughes, Ronald R. Rash, Robert Rousselle, Fred A. Smolka, Mark Stevens and Mark Christopher Tracy. [19-4021] [Entered: 03/08/2019 02:46 PM] |
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