Blundell v. Elliott et al
| Brent Blundell |
| Jeff Oyler, Patrick Scott, Davis County, Dennis P. Carlisle and Max B. Elliott |
| 1:2020cv00143 |
| October 28, 2020 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Robert J Shelby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2022. A more recent docket listing may be available from PACER.
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Filing 67
ORDER granting #65 Stipulated Motion to Dismiss with Prejudice. Case Closed. Magistrate Judge Daphne A. Oberg and Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Robert J. Shelby on 1/4/22. (dla)
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Filing 66
Motions No Longer Referred: Defendants' stipulated Motion to Dismiss #65 will be addressed by the District Court.
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Filing 65
Stipulated MOTION to Dismiss and Memorandum in Support filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Kunz, Barton)
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Filing 64
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Settlement Conference held on 11/19/2021. All parties are appearing via zoom. The parties have reached a settlement agreement. Counsel is to submit dismissal documents or a status reports within 60 days. Attorney for Plaintiff: Brent Blundell - Pro Se, Attorney for Defendant: Barton Kunz.(Time Start: 10:00, Time End: 11:30, Room Chambers.)(las)
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Filing 63
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Settlement Conference held on 11/17/2021. All parties are appearing via zoom. The settlement conference was conducted by Magistrate Judge Daphne A. Oberg pursuant to the Order of Reference for Settlement. The parties will reconvene on Friday. ( Settlement Conference set for 11/19/2021 at 10:00 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg.). Attorney for Plaintiff: Brent Blundell - Pro Se, Attorney for Defendant: Barton Kunz.(Time Start: 9:00, Time End: 1:00, Room Chambers.)(las)
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Filing 62
ORDER for Settlement Conference: This case is set for a settlement conference on 11/17/2021 at 09:00 AM via Zoom before Magistrate Judge Daphne A. Oberg. Signed by Magistrate Judge Daphne A. Oberg on 10/18/2021. (dla)
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Filing 61
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1) for Settlement. Counsel shall jointly contact the Magistrate to schedule the settlement conference as soon as possible. No attached document. Signed by Magistrate Judge Dustin B. Pead on 10/14/2021. (eat)
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Filing 60
ORDER granting #59 Stipulated Motion for Rule 16-3 Settlement Conference and Stay. Signed by Magistrate Judge Dustin B. Pead on 10/14/21. (dla)
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Filing 59
Stipulated MOTION for ADR - Mediation and Memorandum in Support under D.U.Civ.R. 16-3 filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Rule 16-3 Settlement Conference and Stay) Motions referred to Dustin B. Pead.(Kunz, Barton)
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Filing 58
MEMORANDUM DECISION and Order Sustaining Objection In Part and Adopting in Part and Overruling in Part #48 Report and Recommendations; denying #25 Motion to Dismiss for Failure to State a Claim ; denying #25 Motion to Dismiss for Lack of Jurisdiction ; granting #26 Motion to Dismiss for Failure to State a Claim ; granting #27 Motion to Dismiss for Failure to State a Claim. Signed by Judge Robert J. Shelby on 9/30/2021. (jwt)
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Filing 57
NOTICE of filing of Response to Defendants by Brent Blundell. (jl)
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Filing 56
RESPONSE re #51 Notice of Filing, filed by Brent Blundell. (jl)
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Filing 55
REPLY to Response to Motion re #50 MOTION to Amend/Correct #30 Amended Complaint filed by Plaintiff Brent Blundell. (jl)
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Filing 54
ORDER granting #52 Defendants' Joint Motion to Continue Time to Respond. Signed by Magistrate Judge Dustin B. Pead on 6/30/21. (dla)
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Filing 53
Defendant's RESPONSE re #48 REPORT AND RECOMMENDATIONS re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Patrick Scott, #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss, filed by Patrick Scott. (Booth, Bryan)
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Filing 52
Joint MOTION for Extension of Time to File Response/Reply as to #50 MOTION to Amend/Correct #30 Amended Complaint and Memorandum in Support filed by Defendants Dennis P. Carlisle, Davis County, Max B. Elliott, Jeff Oyler, Patrick Scott. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Kunz, Barton)
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Filing 51
NOTICE OF FILING of Response in Opposition to Plaintiff's Objection re #49 Objection to Report and Recommendations filed by Defendant Dennis P. Carlisle. (Shewan, Angela)
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Filing 50
MOTION to File Third Amended Complaint filed by Plaintiff Brent Blundell. (Attachments: #1 Exhibit Memo in Support, #2 Exhibit Third Amended Complaint, #3 Text of Proposed Order, #4 Exhibit 1-4, #5 Exhibit 5-7, #6 Exhibit 8-16) Motions referred to Dustin B. Pead. (dla)
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Filing 49
RESPONSE to #48 Report and Recommendations filed by Brent Blundell. (nl)
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Filing 48
REPORT AND RECOMMENDATION: The Court hereby RECOMMENDS to the District Court as follows: Defendants Dennis Carlisle and Defendant Patrick Scott's Motion to Dismiss be GRANTED without prejudice. (ECF No. #25 ; ECF No. #27 .) Additionally, County Defendants Motion to Dismiss be GRANTED without prejudice. (ECF No. #25 .)Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of their right to object. See 28:636(b)(1), Fed. R. Civ. P. 72(b). The parties must file an objection to this Report and Recommendation within fourteen (14) days after receiving it. Id. Failure to object may constitute a waiver of objections upon subsequent review. Signed by Magistrate Judge Dustin B. Pead on 6/2/21. (dla)
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Filing 47
REQUEST to Submit for Decision re #34 Response to Motion, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #46 Reply Memorandum/Reply to Response to Motion filed by Defendant Patrick Scott. (Booth, Bryan)
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Filing 46
REPLY to Response to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Patrick Scott. (Booth, Bryan)
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Filing 45
MEMORANDUM in Support re #26 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Dennis P. Carlisle. (Shewan, Angela)
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Filing 44
RULING & ORDER: Plaintiff's Motion to Amend to file a Second Amended Complaint is DENIED WITHOUT PREJUDICE. (ECF No. #31 .) Defendants Carlisle and Blundell are ORDERED to file their Reply Memorandums, in support of their pending Motions to Dismiss, no later than March 15, 2021. Signed by Magistrate Judge Dustin B. Pead on 3/1/21. (dla)
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Filing 43
REPLY to County Defendants' Opposition to #31 Plaintiff's Motio nfor Leave to Amend filed by Plaintiff Brent Blundell. (Attachments: #1 Text of Proposed Order 1) (dla)
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Filing 42
REPLY to Carlisles Motion in Opposition to #31 Plaintiff's Motion to File Second Amended Civil Rights Complaint filed by Plaintiff Brent Blundell. (dla)
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Filing 41
REPLY to Response to Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. (Kunz, Barton)
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Filing 40
ORDER granting #36 Motion for Extension of Time to File Response/Reply. The deadline for Patrick Scott to file a reply in support of his #27 Motion to Dismiss is 14 days after the Court enters a ruling on Plaintiffs #31 Motion to File a Second Amended Civil Rights Complaint. Signed by Magistrate Judge Dustin B. Pead on 2/16/21. (jwt)
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Filing 39
ORDER granting #35 Motion for Extension of Time to File Response/Reply. The deadline for Defendant Carlisle to file a reply in support of his #26 Motion to Dismiss is fourteen (14) days after the Court rules on the Plaintiffs #31 Motion to File a Second Amended Civil Rights Complaint. Signed by Magistrate Judge Dustin B. Pead on 2/16/21. (jwt)
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Filing 38
MEMORANDUM in Opposition re #31 MOTION to Amend/Correct filed by Defendant Dennis P. Carlisle. (Attachments: #1 Exhibit A)(Shewan, Angela)
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Filing 37
MEMORANDUM in Opposition re #31 MOTION to Amend/Correct filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. (Attachments: #1 Exhibit 1: Annotated Proposed Second Amended Complaint)(Kunz, Barton)
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Filing 36
MOTION for Extension of Time to File Response/Reply and Memorandum in Support to Patrick Scott's Motion to Dismiss Amended Civil Rights Complaint filed by Defendant Patrick Scott. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Booth, Bryan)
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Filing 35
MOTION for Extension of Time to File Response/Reply as to #26 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Dennis P. Carlisle. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Shewan, Angela)
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Filing 34
RESPONSE in Opposition to #27 Defendant Scotts' Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Plaintiff Brent Blundell. (dla)
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Filing 33
RESPONSE in Opposition to #26 Defendant Carlisles' Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6) filed by Plaintiff Brent Blundell. (dla)
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Filing 32
RESPONSE in Opposition to #25 County Defendants' Motion to Dismiss filed by Plaintiff Brent Blundell. (dla)
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Filing 31
MOTION to File Second Amended Civil Rights Complaint filed by Plaintiff Brent Blundell. (Attachments: #1 Exhibit Second Amended Complaint) Motions referred to Dustin B. Pead. (dla)
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Filing 30
AMENDED COMPLAINT against Dennis P. Carlisle, Davis County, Max B. Elliott, Jeff Oyler, Patrick Scott with Jury Demand filed by Brent Blundell. (Filed by Clerk of Court per 28 Docket Text Order). (dla)
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Filing 29
Based on 28 and the filing of Plaintiff's Amended Complaint, Defendant Dennis Carlisle's Motion to Dismiss for Failure to State a Claim #12 and Defendant Patrick Scott's Motion to Dismiss for Failure to State a Claim #14 are DENIED as MOOT. Signed by Magistrate Judge Dustin B. Pead on 1/19/2021. No attached document. (amn)
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Filing 28
DOCKET TEXT ORDER. Pursuant to Fed. R. Civ. P. 15(a)(1)(B), Plaintiff Brent Blundell's unopposed Motion to Amend the Complaint is GRANTED #22 . The Clerk's Office shall place a copy of Plaintiff's Amended Complaint [22-1] on the court docket. Signed by Magistrate Judge Dustin B. Pead on 01/19/2021. No attached document. (amn)
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Patrick Scott. Motions referred to Dustin B. Pead.(Booth, Bryan)
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Filing 26
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Dennis P. Carlisle. Motions referred to Dustin B. Pead.(Shewan, Angela)
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Filing 25
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. (Attachments: #1 Exhibit Index, #2 Exhibit 1: Recorded Sycamore Grove Subdivision Plat, #3 Exhibit 2: Certificate of Annexation, #4 Exhibit 3: Excavation Permit) Motions referred to Dustin B. Pead.(Kunz, Barton)
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Filing 24
RESPONSE in Opposition to Defendant Scott's #14 Motion to Dismiss for Failure to state a Claim Under Rule 12(b)(6) filed by Plaintiff Brent Blundell. (dla)
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Filing 23
RESPONSE in Opposition to #12 Defendant Carlisles' Motion to Dismiss for Failure to state a Claim Under Rule 12(b)(6) filed by Plaintiff Brent Blundell. (dla)
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Filing 22
MOTION to Motion to File Amended Civiil Rights Complaint filed by Plaintiff Brent Blundell. (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order) Motions referred to Dustin B. Pead. (dla)
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Filing 21
ORDER granting #11 defendants Max B. Elliott, Jeff Oyler, and Davis County's Motion to Extend: The County Defendants' time to serve and file their response to the plaintiff's Complaint is hereby extended through Thursday, December 31, 2020. Signed by Magistrate Judge Dustin B. Pead on 12/9/20. (dla)
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Filing 20
NOTICE of Change of Address by Brent Blundell. (dla)
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Filing 19
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Brent Blundell as to Max B. Elliott served on 11/13/2020, answer due 12/4/2020. (dla)
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Filing 18
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Brent Blundell as to Patrick Scott served on 11/13/2020, answer due 12/4/2020. (dla)
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Filing 17
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Brent Blundell as to Davis County served on 11/13/2020, answer due 12/4/2020. (dla)
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Filing 16
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Brent Blundell as to Jeff Oyler served on 11/13/2020, answer due 12/4/2020. (dla)
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Filing 15
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Brent Blundell as to Dennis P. Carlisle served on 11/11/2020, answer due 12/2/2020. (dla)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Patrick Scott. Motions referred to Dustin B. Pead. Attorney Bryan H. Booth added to party Patrick Scott(pty:dft)(Booth, Bryan)
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Filing 13
DOCKET TEXT ORDER. Plaintiff to file a response or notice of non-opposition to County Defendants' Motion to Extend Time to Respond #11 no later than December 7, 2020. Signed by Magistrate Judge Dustin B. Pead on 12/03/2020.
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Filing 12
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Dennis P. Carlisle. Motions referred to Dustin B. Pead. Attorney Angela Shewan added to party Dennis P. Carlisle(pty:dft)(Shewan, Angela)
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Filing 11
MOTION for Extension of Time to File Answer re #1 Complaint, and Memorandum in Support filed by Defendants Davis County, Max B. Elliott, Jeff Oyler. Motions referred to Dustin B. Pead.(Kunz, Barton)
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Filing 10
NOTICE of Appearance by Barton H. Kunz, II on behalf of Davis County, Max B. Elliott, Jeff Oyler (Kunz, Barton)
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Filing 9
RULING & ORDER granting #8 Pro Se Motion for Email Filing and Notification. Signed by Magistrate Judge Dustin B. Pead on 11/23/20. (dla)
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Filing 8
Pro Se MOTION for Email Filing and Notification filed by Plaintiff Brent Blundell. (Attachments: #1 Exhibit) Motions referred to Dustin B. Pead. (dla)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued as to Dennis P. Carlisle. (jl)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued as to Jeff Oyler. (jl)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued as to Max B. Elliott. (jl)
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Filing 4
**RESTRICTED DOCUMENT**Summons Issued as to Patrick Scott. (jl)
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Filing 3
**RESTRICTED DOCUMENT**Summons Issued as to Davis County. (jl)
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Filing 2
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Signed by Judge Robert J. Shelby on 10/29/2020. (mjm)
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Filing 1
COMPLAINT against Dennis P. Carlisle, Davis County, Max B. Elliott, Jeff Oyler, Patrick Scott (Filing fee $ 400, receipt number 4681092172) (Fee Status: paid) filed by Brent Blundell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet 1) Assigned to Judge Robert J. Shelby (jl)
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