Pence v. D.C.P.S. et al
| Rory D. Pence and Mason P. Pence |
| Sixth District Court, Sevier County, Matt Cox, Sevier County Sheriff's Office, Steve Michelson, Nathan Curtis, D.C.P.S. and Pamila Dearden |
| 2:2017cv00565 |
| June 12, 2017 |
| US District Court for the District of Utah |
| Central Office |
| Sevier |
| Jill N Parrish |
| Brooke C Wells |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 16, 2019. A more recent docket listing may be available from PACER.
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Filing 50
JUDGMENT - IT IS ORDERED AND ADJUDGED that plaintiff Rory D. Pences action is dismissed without prejudice. Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Jill N. Parrish on 1/16/2019. (jds)
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Filing 49
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations of Judge Pead re #36 Report and Recommendations; denying #40 Pences Motion for Hearing; denying #42 Pences Motion to Amend/Correct Complaint. Signed by Judge Jill N. Parrish on 1/16/2019. (jds)
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| Filing 48 Motions No Longer Referred: #40 MOTION for Hearing and #42 MOTION to Amend will be addressed by the District Court. (amn) |
| Filing 47 DOCUMENTS LODGED consisting of Second Amended Complaint. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (jds) |
| Filing 46 Wrong document attached refiled as #47 DOCUMENTS LODGED consisting of Second Amended Complaint. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (jds) Modified on 12/27/2018 (jds). |
| Filing 45 DOCUMENTS LODGED consisting of Document titled "Amended and Supplemental Pleadings". Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (jds) |
| Filing 44 MEMORANDUM in Opposition re #42 MOTION to Amend/Correct filed by Defendants Matt Cox, D.C.P.S., Pamila Dearden, Sixth District Court, Sevier County. (Bradley, Diana) |
| Filing 43 MEMORANDUM in Opposition re #42 MOTION to Amend/Correct filed by Defendants Nathan Curtis, Steve Michelson, Sevier County Sheriff's Office. (Mylar, Frank) |
| Filing 42 MOTION for Leave to File Second Amended Complaint filed by Plaintiff Rory D. Pence. (Attachments: #1 Exhibit consisting of 10 identical copies of Motion for Leave to File Second Amended Complaint for each named defendant) Motions referred to Dustin B. Pead. (dla) |
| Filing 41 DOCUMENTS LODGED consisting of Document titled "Letter of Intent". Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dla) |
| Filing 40 MOTION for Hearing re #31 on the State of Utah Dispositive Motion for Dismissal filed by Plaintiff Rory D. Pence. Motions referred to Dustin B. Pead. (dla) |
| Filing 39 OBJECTION to #36 Report and Recommendations filed by Rory D. Pence. (Attachments: #1 Exhibits, #2 D.C.P.S. "Testimony", #3 Matt Cox "Testimony", #4 "Testimony", #5 Steve Mickelson "Testimony", #6 Nathan Curtis "Testimony", #7 Sixth District "Testimony", #8 Paul Lyman "Testimony", #9 Sheri Pence "Testimony", #10 Wallace Lee "Testimony", #11 Douglas Neeley Sheri Pence "Testimony", #12 Pamela Dearden "Testimony", #13 Douglas Neeley Sheri Pence "Testimony")(jds) |
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Filing 38
ORDER granting #37 Motion for Extension of Time: Any objection to the #36 Report and Recommendation shall be due by 9/10/2018. Signed by Judge Jill N. Parrish on 8/21/18. (dla)
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| Filing 37 MOTION for Extension of Time to File Response to #36 Report and Recommendation to September 9, 2018 filed by Plaintiff Rory D. Pence. Motions referred to Dustin B. Pead. (dla) |
| Filing 36 REPORT AND RECOMMENDATIONS re #26 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sevier County Sheriff's Office, Nathan Curtis, Steve Michelson and #31 MOTION to Dismiss filed by Pamila Dearden, D.C.P.S., Matt Cox. Signed by Magistrate Judge Dustin B. Pead on 8/10/2018. (jds) |
| Filing 35 OPPOSITION to Defendant's Motion to Dismiss filed by Plaintiff Rory D. Pence. (dla) |
| Filing 34 REQUEST to Submit for Decision re #31 MOTION to Dismiss and Memorandum in Support filed by Defendants Matt Cox, D.C.P.S., Pamila Dearden, Sixth District Court, Sevier County. (Bradley, Diana) |
| Filing 33 RESPONSE to Motion re #31 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Rory D. Pence. (jds) |
| Filing 32 REPLY TO BRIEF in support of Plaintiff's Request for Jury Trial filed by Plaintiff Rory D. Pence. (jds) |
| Filing 31 MOTION to Dismiss and Memorandum in Support filed by Defendants Matt Cox, D.C.P.S., Pamila Dearden. Motions referred to Dustin B. Pead.(Bradley, Diana) |
| Filing 30 REPLY to Response to Motion re #26 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Nathan Curtis, Steve Michelson, Sevier County Sheriff's Office. (Mylar, Frank) |
| Filing 29 RESPONSE to Motion re #26 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Rory D. Pence. (jds) |
| Filing 28 Modification of Docket: Plaintiff Mason P. Pence terminated. Mason P. Pence was listed as a plaintiff on document #1 Complaint but he did not sign the document, without signature he should not have been added as a party to this case. The filing of #22 Amended Complaint no longer lists Mason P. Pence as a plaintiff and he has now been terminated. (jds) |
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Filing 27
DOCKET TEXT ORDER granting Defendants' motion for extension of time to respond to Plaintiff's amended complaint #25 .Signed by Magistrate Judge Dustin B. Pead on 4/20/2018. (amn)
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| Filing 26 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Nathan Curtis, Steve Michelson, Sevier County Sheriff's Office. Motions referred to Dustin B. Pead.(Mylar, Frank) |
| Filing 25 MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint filed by Defendants Matt Cox, D.C.P.S., Pamila Dearden, Sixth District Court, Sevier County. (Attachments: #1 Text of Proposed Order 30 Day Extension) Motions referred to Dustin B. Pead.(Bradley, Diana) |
| Filing 24 SUBSTITUTION OF COUNSEL Diana Fay Bradley replacing Scott D. Cheney as counsel on behalf of Matt Cox, D.C.P.S., Pamila Dearden, Sixth District Court, Sevier County. (Bradley, Diana) |
| Filing 23 **SEALED DOCUMENT** Exhibit 17 re #22 Amended Complaint filed by Plaintiff Rory D. Pence. (jds) |
| Filing 22 AMENDED COMPLAINT against Matt Cox, Nathan Curtis, D.C.P.S., Steve Michelson, Sevier County Sheriff's Office, Sixth District Court, Sevier County, added new party Pamila Dearden with Jury Demand. filed by Rory D. Pence. (Attachments: #1 Exhibit 1 - Notice of Hearing, #2 Exhibit 2 - Memorandum in Support case #134600033, #3 Exhibit 3 - Email 5/30/2013, #4 Exhibit 4 - Letter to Judge Paul Lyman, #5 Exhibit 5 - Modified Temporary Protective Order, #6 Exhibit 6 - Certified Modified Temporary Protective Order, #7 Exhibit 7 - Ruling case #134600023, #8 Exhibit 8 - Detail Incident Report, #9 Exhibit 9 - Final Decision and Order case #1950652, #10 Exhibit 10 - Case 2013-000318, #11 Exhibit 11 - Civil Stalking Injunction, #12 Exhibit 12 - Utah Court of Appeals Per Curiam, #13 Exhibit 13 - Letter to Mr. Neeley from David Brown, #14 Exhibit 14 - Request to submit decision case #134600023, #15 Exhibit 15 - Letter titled "The Victimless Crime", #16 Exhibit 16 - Letter to Jeannine Timothy, #17 Exhibit 17 - SEALED Financial Declaration, #18 Exhibit 18 - Letter from U.S. Dept of Justice, #19 Exhibit 19 - Letter to Utah State Attorney General, #20 Exhibit 20 - Email titled "Letter to the editor by Steven Winlsow", #21 Exhibit 21 - Letter from Office of Child Protection) (jds) |
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Filing 21
ORDER granting #13 Motion to Dismiss without prejudice for Failure to State a Claim ; granting #17 Motion to Dismiss without prejudice for Failure to State a Claim; denying #16 Plaintiffs Motion to Continue. Plaintiffs shall have twenty days (20) from the date of this Ruling to file an amended complaint. Any amended complaint must comply with the pleading requirements of rule 8 and clearly establish federal jurisdiction over the controversy. A failure to do so will result in this courts recommendation of dismissal to the District Court. Signed by Magistrate Judge Dustin B. Pead on 3/26/2018. (jds)
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| Filing 20 CERTIFICATE OF SERVICE by Rory D. Pence re #19 Notice of Claim (Attachments: #1 Envelope)(jds) |
| Filing 19 NOTICE of Claim by Rory D. Pence (jds) |
| Filing 18 REPLY to Response to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Nathan Curtis, Steve Michelson, Sevier County Sheriff's Office. (Mylar, Frank) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Matt Cox, D.C.P.S., Sixth District Court, Sevier County. Motions referred to Dustin B. Pead.(Cheney, Scott) |
| Filing 16 MOTION to Continue and Memorandum in Support filed by Plaintiff Rory D. Pence. Motions referred to Dustin B. Pead.(jds) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for Matt Cox answer due 12/21/2017; D.C.P.S. answer due 12/21/2017; Sixth District Court, Sevier County answer due 12/21/2017. Signed by Magistrate Judge Dustin B. Pead on 12/4/2017. (jwt)
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| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendants Matt Cox, D.C.P.S., Sixth District Court, Sevier County. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead. Attorney Scott D. Cheney added to party Sixth District Court, Sevier County(pty:dft)(Cheney, Scott) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Nathan Curtis, Steve Michelson, Sevier County Sheriff's Office. Motions referred to Dustin B. Pead. Attorney Frank D. Mylar added to party Nathan Curtis(pty:dft), Attorney Frank D. Mylar added to party Steve Michelson(pty:dft), Attorney Frank D. Mylar added to party Sevier County Sheriff's Office(pty:dft)(Mylar, Frank) |
| Filing 12 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Rory D. Pence as to Nathan Curtis served on 11/7/2017, answer due 11/28/2017. (Attachments: #1 Envelope 1, #2 Envelope 1) (dla) |
| Filing 11 NOTICE of Appearance by Scott D. Cheney on behalf of Matt Cox, D.C.P.S. (Cheney, Scott) |
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Filing 10
RULING & ORDER: Plaintiff's Motion Of Relief #5 and Motion Of Relief #6 are DENIED; Plaintiff is ordered to properly serve the named Defendants within thirty (30) days of the date of this Order. Failure to do so may result in dismissal of this action pursuant to Federal Rule of Civil Procedure 4(m) requiring service within ninety (90) days after a complaint is filed. Signed by Magistrate Judge Dustin B. Pead on 10/26/17. (dla)
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Filing 9
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. Motions referred to Dustin B. Pead. Signed by Judge Jill N. Parrish on 10/24/17. (ss)
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| Filing 8 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is no longer eligible for magistrate assignment. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las) |
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the procedural posture of this case, the pending #6 MOTION for Relief and #5 MOTION of Relief filed by Rory D. Pence, and the inability of defendants to consent to the jurisdiction of the magistrate judge because they have not pled or otherwise defended this case, the court ORDERS this case be reassigned to a district judge. So ordered by Magistrate Judge Brooke C. Wells on 10/17/17. No attached document. (ems)
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| Filing 6 MOTION for Relief filed by Plaintiff Rory D. Pence. (Attachments: #1 Curtis Motion, #2 Dearden Motion, #3 Lyman Motion, #4 Mickelsen Motion)(las) |
| Filing 5 MOTION of Relief filed by Plaintiff Rory D. Pence. (las) |
| Filing 4 DOCUMENTS LODGED consisting of Returned Summons. Summons was not issued by the court. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (las) |
| Filing 3 DOCUMENTS LODGED consisting of Returned Summons. The summons have not been issued by the court. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Returned Summons)(las) |
| Filing 2 DOCUMENTS LODGED consisting of Returned Summons. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. The summons were not issued by the court. (Attachments: #1 Returned Summons)(las) Modified on 9/18/2017 by correcting file date. (las). |
| Filing 1 COMPLAINT against Matt Cox, Nathan Curtis, D.C.P.S., Steve Michelson, Sevier County Sheriff's Office, Sixth District Court, Sevier County filed by Rory D. Pence, Mason P. Pence.(Filing fee $ 400, receipt number 4681077255) (Fee Status: Paid) (Attachments: #1 Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (jwt) |
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