United States ex rel. Tracy v. Emigration Improvement Dist., et al
| KENNETH WILDE, an individual, AQUA ENVIRONMENTAL SERVICES, INC., a Utah corporation, THE BOYER COMPANY, a Utah company, CAROLLO ENGINEERS, INC., a California Professional corporation, RONALD R. RASH, ROBERT ROUSSELLE, an individual, JOE SMOLKA, an individual, LARRY HALL, an individual, R. STEVE CREAMER, an individual, CITY DEVELOPMENT, a Utah corporation, BARNETT INTERMOUNTAIN WATER CONSULTING, a Utah corporation, AQUA ENGINEERING, a Utah corporation, DON BARNETT, KEVIN W. BROWN, an individual and MICHAEL B. GEORGESON, an individual |
| MICHAEL HUGHES, an individual, AKA Michael Scott Hughes, LYNN HALES, an individual, ERIC HAWKES, an individual, MARK STEVENS, FRED A. SMOLKA, an individual, DAVID BRADFORD, an individual, EMIGRATION IMPROVEMENT DISTRICT, a Utah Special Service District and MARK STEVENS, an individual |
| UNITED STATES OF AMERICA EX. REL. MARK CHRISTOPHER TRACY |
| CHRISTENSEN & JENSEN, P.C. |
| 19-4022 |
| 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] |
| [10641275] Response filed by Christensen & Jensen, P.C. and Mark Christopher Tracy to Court's April 8, 2019 Order Regarding Consolidating Cases. Served on 04/15/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4022] KCK [Entered: 04/15/2019 01:13 PM] |
| [10641273] Motion filed by Appellees Christensen & Jensen, P.C. and 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. [19-4022] KCK [Entered: 04/15/2019 01:11 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] |
[10639450] Order filed by Judges Bacharach and Phillips. Upon consideration of the parties' positions and the district court's docket, the court finds that the proper appellees for this appeal are: (1) Mr. Tracy; and (2) the law firm that represented him, Christensen & Jensen, P.C. Please see attached order for additional information. Served on 04/08/2019. [19-4022] [Entered: 04/08/2019 10:22 AM]
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| [10638903] Reply filed by David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens to Order of Court dated April 1, 2019. Served on 04/04/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4022] WGG [Entered: 04/04/2019 05:37 PM] |
| [10638294] Filed notice record is complete. Served on 04/03/2019. [19-4022] [Entered: 04/03/2019 11:39 AM] |
| [10637626] Order filed by Clerk of the Court directing Appellants to file a reply to Mr. Tracy's statement, identifying any basis that the court should include Messrs. Kelson, Boyd or Brown as apellees in Case No. 19-4022. Alternatively, Appellants may revise their previous memorandum identifying those they believe to be proper appellees in Case No. 19-4022. Briefing on the merits remains suspended. Reply due by 04/04/2019 for David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens. Served on 04/01/2019. [19-4022] [Entered: 04/01/2019 02:50 PM] |
| [10637191] Entry of appearance submitted by Robert L. Janicki and Michael L. Ford for Not Party R. Steve Creamer for court review. Certificate of Interested Parties: Yes. Served on 03/29/2019. Manner of Service: email. [19-4022] RLJ [Entered: 03/29/2019 03:22 PM] |
| [10637241] Motion filed by Appellee 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. [19-4022] KCK [Entered: 03/29/2019 09:22 PM] |
| [10637240] Statement Identifying Appellees filed by Mark Christopher Tracy in Response to 3/22/19 Order. Served on 03/29/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4022] KCK [Entered: 03/29/2019 09:19 PM] |
| [10637222] Memorandum regarding proper identity of appellees filed by R. Steve Creamer. Served on 03/29/2019. Manner of Service: email. [19-4022] [Entered: 03/29/2019 04:22 PM] |
| [10637201] Entry of appearance filed by Mr. Michael L. Ford and Mr. Robert L. Janicki for Mr. R. Steve Creamer. CERT. OF INTERESTED PARTIES: y (already listed). Served on 03/29/2019. Manner of Service: email. [19-4022] [Entered: 03/29/2019 03:37 PM] |
| [10637160] Amended Docketing statement filed by David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens. Served on 03/29/2019. Manner of Service: email. [19-4022] WGG [Entered: 03/29/2019 02:49 PM] |
| [10637155] Defendants' Memorandum Identifying Appellees in 19-4021, 19-4022 in response to 3/22/19 Order. Served on 03/29/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-4022]--[Edited 04/05/2019 by LAL] WGG [Entered: 03/29/2019 02:45 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] |
| [10635175] Entry of appearance filed by C. Michael Judd and Craig Robert Mariger for Carollo Engineers, Inc. and Ronald R. Rash. CERT. OF INTERESTED PARTIES: y (previously disclosed). Served on 03/22/2019. Manner of Service: email. [19-4022] [Entered: 03/22/2019 11:52 AM] |
| [10635152] Entry of appearance submitted by Craig R. Mariger and C. Michael Judd for Not Parties Carollo Engineers, Inc. and Ronald R. Rash for court review. Certificate of Interested Parties: No. Served on 03/22/2019. Manner of Service: US mail. [19-4022] --[Edited 03/22/2019 by SLS to remove PDF from docket entry as the document has been filed.] CMJ [Entered: 03/22/2019 11:15 AM] |
| [10635099] Order filed by Clerk of the Court - The court directs all parties to fileon or before 3/29/19a written memorandum addressing only the proper identity of the appellee(s) for Appeal No. 19-4022. The court tolls briefing on the merits pending receipt and review of the parties memoranda. Served on 03/22/2019. (See the attachment for the entire order.) [19-4022]--[Edited 03/22/2019 by KLP] [Entered: 03/22/2019 08:42 AM] |
| [10634857] Entry of appearance submitted by Scot A. Boyd, Stephen D. Kelson, Kristen C. Kiburtz, Bryson R. Brown for Appellee Mark Christopher Tracy for court review. Certificate of Interested Parties: Yes. Served on 03/21/2019. Manner of Service: email. [19-4022]--[Edited 03/21/2019 by JM to remove PDF filed by the court on 3/21/19.] KCK [Entered: 03/21/2019 12:02 PM] |
| [10635003] 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 03/21/2019. Manner of Service: US mail [19-4022] [Entered: 03/21/2019 02:51 PM] |
| [10634961] 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 03/21/2019. Manner of Service: email. [19-4022] [Entered: 03/21/2019 02:03 PM] |
| [10634889] Minute order filed - Notice due that record is complete by 03/28/2019 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment) [19-4022] [Entered: 03/21/2019 12:35 PM] |
| [10634884] Notice received from David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens that a transcript is not necessary for this appeal. Served on: 03/21/2019. Manner of Service: email [19-4022] WGG [Entered: 03/21/2019 12:32 PM] |
| [10634881] Docketing statement filed by David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens. Served on 03/21/2019. Manner of Service: email, US mail. [19-4022] WGG [Entered: 03/21/2019 12:29 PM] |
| [10634877] Entry of appearance submitted by Jeremy R. Cook and William G. Garbina for Appellants 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 03/21/2019. Manner of Service: email, US mail. [19-4022] --[Edited 03/21/2019 by DD. Removed PDF as pleading filed 3/21/19] WGG [Entered: 03/21/2019 12:26 PM] |
| [10632156] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/08/2019 Docketing statement, transcript order form and notice of appearance due 03/22/2019 for David Bradford, Emigration Improvement District, Lynn Hales, Eric Hawkes, Michael Hughes, Fred A. Smolka and Mark Stevens. Notice of appearance form also due from 3/22/19 for Aqua Engineering, Aqua Environmental Services, Inc., Carollo Engineers, Inc., R. Steve Creamer, Emigration Improvement District, Larry Hall, Ronald R. Rash, Robert Rousselle, Fred A. Smolka, Mark Stevens, and Mark Christopher Tracy [19-4022] [Entered: 03/08/2019 04:34 PM] |
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