Harper v. Lindon City
Plaintiff: George E. Harper
Defendant: Lindon City
Petitioner: Fair Care Lindon
Case Number: 2:2018cv00772
Filed: October 2, 2018
Court: US District Court for the District of Utah
Presiding Judge: Evelyn J Furse
Referring Judge: Dale A Kimball
2 Judge: Brooke C Wells
Nature of Suit: Civil Rights: Accomodations
Cause of Action: 42 U.S.C. § 3601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2018 Opinion or Order Filing 19 ORDER RE: PROCEDURES FOR EMERGENCY MOTION re Plaintiff's #18 MOTION for Preliminary Injunction filed by George E. Harper. Signed by Judge Dale A. Kimball on 11/28/2018. (eat)
November 27, 2018 Filing 18 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff George E. Harper. (Attachments: #1 Affidavit in Support of Motion)(McBride, Edward)
November 25, 2018 Filing 17 NOTICE of Withdrawal of Motion by George E. Harper for Rule 65 Injunction (McBride, Edward)
November 21, 2018 Filing 16 MOTION to Intervene and Memorandum in Support filed by Movant Fair Care Lindon. (Attachments: #1 Exhibit A - Plaintiff's Application Materials to Lindon City, #2 Exhibit B - Intervenor Fair Care's Objection to Plaintiff's Business License Application to City, #3 Exhibit C - Intervenor Fair Care's Objection to Plaintiff's Reasonable Accommodation Request to the City, #4 Exhibit C1 - Expert Opinion of Dr. Majer, #5 Exhibit C2 - A Review of Optimal Group Size and Modularisation or Continuous Entry Format for Program Delivery, #6 Exhibit C3 - Size, Quality, and Cost of Residential Settings, #7 Exhibit C4 - Lindon City General Plan, #8 Exhibit C5a - Parking Problems, #9 Exhibit C5b - Parking Problems, #10 Exhibit C5c - Parking Problems, #11 Exhibit C5d - Parking Problems, #12 Exhibit C5e - Parking Problems, #13 Exhibit C5f - Parking Problems, #14 Exhibit C5g - Parking Problems, #15 Exhibit C5h - Parking Problems, #16 Exhibit C6 - Evidence of impact of treatmment facilities in other neighborhoods, #17 Exhibit C7 - Evidenc of parking problems at the Property, #18 Exhibit C8 - ITE Trip Generation Analysis, #19 Exhibit C9 - Restrictive Covenants, #20 Exhibit C10 - U.S. Census Bureau Data, #21 Exhibit C11 - American Cummunity Survey Data, #22 Exhibit D - Intervenor Fair Care's Permitted Use Objection, #23 Exhibit E - Lindon City Reasonable Accommodation Determination, #24 Exhibit F - LIndon City Permitted Use Determination, #25 Exhibit G - Intervenor's Proposed Answer) Motions referred to Brooke C. Wells. Attorney Daniel J. McDonald added to party Fair Care Lindon(pty:mov)(McDonald, Daniel)
November 16, 2018 Filing 15 NOTICE OF ADR e-mailed to Plaintiff George E. Harper, and to Defendant Lindon City. (eat)
November 16, 2018 Filing 14 ANSWER to Complaint filed by Lindon City.(Keller, Robert)
November 2, 2018 Opinion or Order Filing 13 ORDER granting #12 Stipulated Motion for Extension of Time to Answer or Respond to #2 Complaint. Answer deadline updated for Lindon City. Answer or other response due by 11/16/2018. Signed by Magistrate Judge Brooke C. Wells on 11/2/2018. (eat)
November 1, 2018 Filing 12 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendant Lindon City. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Keller, Robert)
November 1, 2018 Filing 11 NOTICE of Appearance by Robert C. Keller on behalf of Lindon City (Keller, Robert)
November 1, 2018 Filing 10 NOTICE of Appearance by Jody K. Burnett on behalf of Lindon City (Burnett, Jody)
October 5, 2018 Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Lindon 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. (nl)
October 3, 2018 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 10/3/2018. (eat)
October 3, 2018 Opinion or Order Filing 7 ORDER RE: PROCEDURES FOR EMERGENCY MOTION re Plaintiff's #3 MOTION for Preliminary Injunction. Signed by Judge Dale A. Kimball on 10/3/2018. (eat)
October 3, 2018 Filing 6 Modification of Docket: Error: Complaint was filed against the plaintiff. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected. re #2 Complaint,. (tlh)
October 3, 2018 Filing 5 After review of the case, case reassigned to a District Judge per 4 Docket Text Order. Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las)
October 3, 2018 Opinion or Order Filing 4 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the Plaintiff's filing of a Motion for Rule 65 Injunction #3 , IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 10/3/2018. (nas)
October 3, 2018 Filing 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff George E. Harper. (Attachments: #1 Affidavit Affidavit in Support of Injunction)(McBride, Edward)
October 2, 2018 Filing 2 COMPLAINT against Lindon City (Filing fee $ 400, receipt number 1088-3116266) filed by George E. Harper. (Attachments: #1 Civil Cover Sheet Cover Sheet) (McBride, Edward) Modified on 10/3/2018 by correcting who the Complaint was filed against (tlh).
October 2, 2018 Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff George E. Harper is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Plaintiff: George E. Harper
Represented By: Edward W. McBride, Jr.
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Defendant: Lindon City
Represented By: Jody K. Burnett
Represented By: Robert C. Keller
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Petitioner: Fair Care Lindon
Represented By: Daniel J. McDonald
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