Nicholas v. Fratto et al
| Karl Shawn Nicholas |
| Zachary Cole Fratto and Clearfield City |
| 1:2025cv00078 |
| June 5, 2025 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Dale A Kimball |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2026. A more recent docket listing may be available from PACER.
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Filing 28
Defendant's REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Clearfield City, Zachary Cole Fratto. (Rutter, Emily)
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Filing 27
DOCKET TEXT ORDER granting Defendants' #26 Unopposed Motion for Leave to File Overlength Memorandum in Support of Its Motion to Dismiss. For the reasons set forth in the motion, for good cause shown, and based upon the parties' stipulation, the court hereby GRANTS the Motion and ORDERS that Defendants may file the overlength reply memorandum as provided in Exhibit A to the motion. Signed by Judge Dale A. Kimball on 11/17/2025. No attached document. (eat)
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Filing 26
Defendant's MOTION for Leave to File Excess Pages and Memorandum in Support Unopposed filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Exhibit A - Defendants' Reply in Support of 12(b)(6) Motion to Dismiss, #2 Exhibit B - Proposed Order) Motions referred to Jared C. Bennett.(Rutter, Emily)
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Filing 25
DOCKET TEXT ORDER granting Defendants' #24 Unopposed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendants' #18 MOTION TO DISMISS. For the reasons set forth in the Motion, for good cause shown, and based upon the parties' stipulation, the court hereby GRANTS the Motion and ORDERS that the deadline for the Defendants to file a reply to Plaintiff's Opposition to Defendants' Motion to Dismiss is extended to Friday, 11/14/2025. Signed by Judge Dale A. Kimball on 10/30/2025. No attached document. (eat)
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Filing 24
Defendant's MOTION for Extension of Time to File Response/Reply as to #20 Memorandum in Opposition to Motion and Memorandum in Support Unopposed filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Exhibit A - Proposed Order Granting Defendants' Unopposed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss) Motions referred to Jared C. Bennett.(Rutter, Emily)
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Filing 23
NOTICE OF ZOOM HEARING ON MOTION re Defendants' #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Notice generated by Judge Kimball's Chambers): Motion Hearing is set for 2/5/2026 at 02:00 PM before Judge Dale A. Kimball. The hearing will be conducted via Zoom. The Zoom participation information is as follows:Join ZoomGov Meeting https://www.zoomgov.com/j/16133447407?pwd=RWtlVFM2c2tmWXZKYUp5NVhTbkZ5UT09&omn=1606027288Meeting ID: 161 3344 7407Password: 584299 (eat)
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Filing 22
DOCKET TEXT ORDER granting #21 Unopposed Motion for Extension of Time to File Reply to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The deadline for Defendants to file a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss is extended to Friday, 10/31/2025. Signed by Judge Dale A. Kimball on 10/7/2025. No attached document. (eat)
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Filing 21
Defendant's MOTION for Extension of Time to File Response/Reply as to #20 Memorandum in Opposition to Motion and Memorandum in Support Unopposed filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Exhibit A - Order Granting Defendant's Unopposed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss) Motions referred to Jared C. Bennett.(Rutter, Emily)
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Filing 20
MEMORANDUM in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Karl Shawn Nicholas. (Mejia, John)
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Filing 19
EXHIBITS D and E to Defendants' #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Clearfield City and Zachary Cole Fratto. The Exhibits were not entered on the docket due to file type (the Exhibits are video recordings contained on a single flash drive). They will be retained in a case file folder in the Clerk's Office while the case is active and according to the retention schedule set forth by the Judicial Conference thereafter. (eat)
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Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Helfand, William)
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Filing 17
ORDER granting #16 Unopposed Motion for Extension of Time to Respond to #1 Complaint. The deadline for Defendants to respond to Plaintiff's complaint is extended to 8/29/2025. Signed by Magistrate Judge Jared C. Bennett on 8/25/2025. (eat)
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Filing 16
Defendant's MOTION for Extension of Time for Defendants to Respond to Plaintiff's Complaint and Memorandum in Support Unopposed filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Jared C. Bennett.(Rutter, Emily) Modified on 8/22/2025 by changing event type to motion for extension of time to file answer (eat).
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Filing 15
DOCKET TEXT ORDER granting #14 Unopposed Motion for Extension of Time to Answer. The deadline for Defendants to respond to #1 Complaint is hereby extended to August 22, 2025. Signed by Magistrate Judge Jared C. Bennett on 08/05/2025. (docket text order; no attached document). (lc)
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Filing 14
Defendant's MOTION for Extension of Time Unopposed Motion for Extension of Time for Defendants to Respond to Plaintiff's Complaint and Memorandum in Support filed by Defendants Clearfield City, Zachary Cole Fratto. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Helfand, William) Modified on 8/5/2025 by changing event type to motion for extension of time to file answer (eat).
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Filing 13
NOTICE of Appearance by Emily L Rutter on behalf of Clearfield City, Zachary Cole Fratto (Rutter, Emily)
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Filing 12
SUBSTITUTION OF COUNSEL William S Helfand replacing Stuart E. Williams as counsel on behalf of Clearfield City, Zachary Cole Fratto. (Helfand, William)
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Filing 11
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh)
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Filing 10
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Clearfield City, Zachary Cole Fratto, Plaintiff Karl Shawn Nicholas. Form due by 7/1/2025. (mh)
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Filing 9
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendants Clearfield City, Zachary Cole Fratto, Plaintiff Karl Shawn Nicholas. (alf)
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Filing 8
WAIVER OF SERVICE Returned Executed filed by Karl Shawn Nicholas. Waiver received from Clearfield City on 6/9/2025. (Mejia, John)
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Filing 7
WAIVER OF SERVICE Returned Executed filed by Karl Shawn Nicholas. Waiver received from Zachary C. Fratto on 6/9/2025. (Mejia, John)
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Filing 6
Summons Issued Electronically as to Zachary Cole Fratto. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mdj)
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Filing 5
Summons Issued Electronically as to Clearfield City. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mdj)
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Filing 4
Requested Summons as to Zachary Cole Fratto. (Mejia, John)
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Filing 3
Requested Summons as to Clearfield City. (Mejia, John)
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Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 6/6/2025. (alf)
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Magistrate Judge Jared C. Bennett added. Case number will now read 1:25-cv-00078-JCB. Please make changes to document captions accordingly. (sg)
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Filing 1
COMPLAINT and Jury Demand against Clearfield City, Zachary Cole Fratto (Filing fee $ 405, receipt number AUTDC-5449722) filed by Karl Shawn Nicholas. (Attachments: #1 Civil Cover Sheet) (Mejia, John)
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