James et al v. Davies et al
| Aaron James and Tiffany James |
| Casey Davies and Cottonwood Heights |
| Natalie C. Bruce and Tali Bruce |
| 2:2019cv00341 |
| May 16, 2019 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| 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 February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 184
NOTICE OF HEARING ON MOTIONS re: #120 Defendant's MOTION to Dismiss -Qualified Immunity, #178 MOTION to Supplement re #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) and Memorandum in Support , #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint), #122 MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony, #123 MOTION for Judgment on the Pleadings : (Notice generated by HCN chambers). Motion Hearing set for 8/31/2022 at 02:00 PM in US District Court-SLCU via Zoom Conference before Judge Howard C. Nielson, Jr. (mlp)
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CORRECTED Hearing date for Motion Hearing is 9/1/2022 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson Jr. (dla)
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Filing 183
ORDER granting #182 Stipulated Motion for Extension of Time to File Reply in Support of Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 6/10/22. (dla)
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Filing 182
Stipulated MOTION for Extension of Time to File Response/Reply as to #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time to File Reply) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 181
MEMORANDUM in Opposition re #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) filed by Defendant Cottonwood Heights. (White, Heather)
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Filing 180
Defendant's MEMORANDUM in Opposition re #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) filed by Defendant Casey Davies. (James, Justin)
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Filing 179
#178 Motion to Supplement re #169 Motion to Amend/Correct #96 Amended Complaint is no longer referred to Chief Magistrate Judge Pead. (jrl)
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Filing 178
MOTION to Supplement re #169 MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - 5/27/22 Sim Gill letter) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 177
DOCKET TEXT ORDER. Defendants object to Plaintiffs' Certificate of Service filed on May 9, 2022 #174 . In this case, the court ordered a stay of discovery #131 and the purpose of Plaintiffs' filing is not entirely clear. To the extent that the filing is connected to the allegation that Defendants failed to respond to discovery requests, a Certificate of Service need not be filed on the docket in order for Plaintiffs to so allege. Indeed, pursuant to local rule, unless otherwise ordered by the court, counsel must not file on the court docket any Certificates of Service for requests for production, inspection or admission. See, DUCivR 26-1(b)(1)(D) and (F). Accordingly, Plaintiffs' Notice of Filing regarding their Third Set of Request for Production is stricken #170 . Signed by Magistrate Judge Dustin B. Pead on 05/30/2022.
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Filing 176
MEMORANDUM re #174 Objections to Certificate of Service filed by Cottonwood Heights. (Cepernich, Danica)
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Filing 175
RESPONSE re #174 Objections,to Certificate of Service #170 filed by Aaron James, Tiffany James. (Attachments: #1 Exhibit A - 2.9.22 email)(Meziani, Sam)
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Filing 174
OBJECTIONS to #170 Notice (Other) Certificate of Service filed by Cottonwood Heights. (Cepernich, Danica)
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Filing 173
ORDER granting #172 Stipulated Motion for Extension of Time to Oppose Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 5/18/22. (dla)
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Filing 172
Stipulated MOTION for Extension of Time to File Response/Reply as to 130 Motions No Longer Referred filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time to Oppose Motion for Leave to File Second Complaint) Motions referred to Dustin B. Pead.(James, Justin)
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Filing 171
Motions No Longer Referred: Plaintiffs' Motion for Leave to File Second Amended Complaint #96 will be handled by the District Court.
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Filing 170
NOTICE of Filing by Aaron James, Tiffany James (Attachments: #1 Exhibit A - Plaintiff's Third Request for Production of Documents to Defendants) (Meziani, Sam)
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Filing 169
MOTION to Amend/Correct #96 Amended Complaint, #2 Complaint and Memorandum in Support (Leave to File Second Amended Complaint) filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit A - Clean Version - Proposed Second Amended Complaint, #2 Exhibit B - Redlined Version - Proposed Second Amended Complaint, #3 Exhibit Ex. 1 to Proposed Second Amended Complaint (Audio), #4 Exhibit Ex. 2 to Proposed Second Amended Complaint (Video), #5 Exhibit Ex. 3 to Proposed Second Amended Complaint (10.13.15 Notice), #6 Exhibit Ex.4 (Part I of II) to Proposed Second Amended Complaint - CH Vehicle Pursuit Policy, #7 Exhibit Ex. 4 (Part II of II) to Proposed Second Amended Complaint (CH Vehicle Pursuit Policy), #8 Exhibit Ex. 5 to Proposed Second Amended Complaint (12.20.17 Verbal Warning)) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 168
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing/Status held on 5/5/2022. All parties appearing via video conference. Court heard from parties. For the reasons stated on the record, the court made the following ruling:Docket No. #123 , Cottonwood Heights's Motion for Judgment on the Pleadings is GRANTED in part. Specifically, it is granted except to the extent it incorporates and joins Docket No. #120 , Officer Davies's Motion to Dismiss, which remains pending. Docket No. #127 , Officer Davies's Motion for Judgment on the Pleadings is GRANTED in part and DENIED in part. Specifically, it is granted to the same extent as Docket No. #123 and denied in all other respects.Docket No. #129 , Plaintiffs' Motion for Leave to File a Second Amended Complaint is WITHDRAWN in accordance with the representation made by Plaintiffs' counsel.Docket No. #142 , Officer Davies's Motion for a Protective Order is GRANTED in part and DENIED in part. Plaintiffs are prohibited from publicly filing Officer Davies's Garrity statement in its entirety or from publicly filing any document that discusses or quotes portions of that statement that have not already been quoted in previous public filings in this case. Plaintiffs are not prohibited from publicly filing documents that discuss or quote portions of the Garrity statement that have been quoted in previous public filings in this case. Plaintiffs may use Officer Davies's Garrity statement in this litigation and quote or discuss additional portions of that statement in their filings as long as any document quoting or discussing any portion of the Garrity statement that has not previously been quoted in public filings is filed under seal, with the quotation or discussion redacted from the publicly filed version of such document. Attorney for Plaintiff: Sam Meziani, Attorney for Defendants: Heather White, Justin James, Mitchell Stephens. Court Reporter: Teena Green. (Time Start: 1:00, Time End: 2:15, Room: zoom video.) (mlp)
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Filing 167
NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 5/5/2022 at 01:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp)
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Filing 166
**SEALED DOCUMENT** re #165 Reply Memorandum/Reply to Response to Motion filed by Defendant Casey DaviesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Stephens, Mitchell)
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Filing 165
Redacted REPLY to Response to Motion re #120 Defendant's MOTION to Dismiss -Qualified Immunity filed by Defendant Casey Davies. (Attachments: #1 Exhibit -1 Sealed Medical Records)(Stephens, Mitchell)
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Filing 164
ORDER granting #163 Motion for Leave to File Exhibit 1 Under Seal. Signed by Magistrate Judge Dustin B. Pead on 4/13/22. (dla)
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Filing 163
Defendant's MOTION for Leave to File Sealed Document filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to file Exhibit 1 Under Seal) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 162
ORDER granting #161 Motion for Leave to File Overlength Reply Memorandum in Support of Defendant Casey Davies' Motion to DismissQualified Immunity. Signed by Magistrate Judge Dustin B. Pead on 4/12/22. (dla)
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Filing 161
MOTION for Leave to File Overlength Reply Memorandum in Support of Defendant Casey Davies' Motion to Dismiss filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 160
ORDER granting #159 Stipulated Motion to Extend Deadline to Reply to Plaintiffs' Opposition to Defendant Casey Davies' Motion to Dismiss. Signed by Magistrate Judge Dustin B. Pead on 3/31/22. (dla)
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Filing 159
Stipulated MOTION for Extension of Time to File Response/Reply filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Extending Deadline to Reply to Plaintiff's Opposition to Defendant Casey Davies' Motion to Dismiss) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 158
REPLY to Response to Motion re #123 MOTION for Judgment on the Pleadings filed by Defendant Cottonwood Heights. (Cepernich, Danica)
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Filing 157
Plaintiff's MEMORANDUM in Opposition re #142 Defendant's MOTION to Expedite Protective Order to Keep Garrity Statement Confidential MOTION for Protective Order filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 156
Plaintiff's REPLY to Response to Motion re #122 MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit 13 - Interview with Ofc. Polly Harris)(Meziani, Sam)
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Filing 155
ORDER granting #128 Defendant Casey Davies's Motion for Extension of Time to File Motion for Protective Order. Signed by Magistrate Judge Dustin B. Pead on 3/22/22. (dla)
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Filing 154
Motions No Longer Referred: #142 Defendant's Motion to Expedite Protective Order will be addressed by the District Court.
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Filing 153
RESPONSE to Motion re #129 MOTION to Amend/Correct #96 Amended Complaint and Memorandum in Support filed by Defendant Cottonwood Heights. (Cepernich, Danica)
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Filing 152
Plaintiff's MEMORANDUM in Opposition re #120 Defendant's MOTION to Dismiss -Qualified Immunity filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 151
ORDER granting #146 Plaintiffs' Motion for Leave to File an Over-length Memorandum in Opposition to Defendant Casey Davies' Motion to Dismiss Qualified Immunity. Signed by Magistrate Judge Dustin B. Pead on 3/16/22. (dla)
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Filing 149
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Ruling Via Zoom held on 7/7/21 before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Tena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2022. Redacted Transcript Deadline set for 4/27/2022. Release of Transcript Restriction set for 6/14/2022. (dla) Modified to remove restricted text on 6/14/2022 (jl).
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Filing 148
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Ruling Via Zoom held on 1/13/21 before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Tena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2022. Redacted Transcript Deadline set for 4/27/2022. Release of Transcript Restriction set for 6/14/2022. (dla) Modified to remove restricted text on 6/14/2022 (jl).
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Filing 147
RESPONSE to Motion re #123 MOTION for Judgment on the Pleadings filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 146
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order Order Granting Over-length Memorandum) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 144
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Zoom) held on July 7, 2021, before Judge Howard C. Nielson Jr. Court Reporter/Transcriber Teena Green, Telephone number 801-910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2022. Redacted Transcript Deadline set for 4/26/2022. Release of Transcript Restriction set for 6/13/2022 (alt) Modified to remove restricted text on 6/14/2022 (jl).
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Filing 143
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Zoom) held on January 13, 2021, before Judge Howard C. Nielson Jr. Court Reporter/Transcriber Teena Green, Telephone number 801-910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2022. Redacted Transcript Deadline set for 4/26/2022. Release of Transcript Restriction set for 6/13/2022 (alt) Modified to remove restricted text on 6/14/2022 (jl).
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Filing 142
Defendant's MOTION to Expedite Protective Order to Keep Garrity Statement Confidential, MOTION for Protective Order filed by Defendant Casey Davies. Motions referred to Dustin B. Pead.(James, Justin)
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Filing 141
The court reporter(Teena Greene) has filed the Transcript Order Forms. Transcript estimated completion date is 2/13/22. (jrj)
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Filing 140
Dkt. No. #122 , Motion to Sanction Defendants for Submitting False Testimony, is no longer referred. (jrl)
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Filing 139
Motions No Longer Referred: #122 MOTION to Sanction Defendants for Submitting False Testimony will be handled by the District Court.
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Filing 138
Defendant's MEMORANDUM in Opposition re #122 MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony filed by Defendants Cottonwood Heights, Casey Davies. (Stephens, Mitchell)
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Filing 137
EXHIBIT 9 re #122 MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony and #132 Exhibits filed by Aaron James, Tiffany James. NOTE: The exhibit was submitted on a CD disk. The disk's content was not entered on the docket due to file type (video) and 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.(jwt)
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Filing 136
ORDER granting #133 Plaintiffs' Motion for Leave to File Under Seal Exhibit No. 10 to Plaintiffs Supplemental Exhibits to Motion for Sanctions. Signed by Magistrate Judge Dustin B. Pead on 3/9/22. (dla)
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Filing 135
**SEALED DOCUMENT** re #133 MOTION for Leave to File Sealed Document re #132 Exhibits,, 10 filed by Plaintiffs Aaron James, Tiffany JamesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Meziani, Sam)
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Filing 134
EXHIBITS filed by Aaron James, Tiffany James. (Meziani, Sam)
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Filing 133
MOTION for Leave to File Sealed Document re #132 Exhibits,, 10 filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order Granting Leave to File Exhibit Under Seal) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 132
EXHIBITS filed by Aaron James, Tiffany James re #122 MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony. (Attachments: #1 Exhibit 6 - Declaration of Casey Davies, dated 8/14/20, #2 Exhibit 7 - Declaration of Casey Davies, dated 11/4/20, #3 Exhibit 8 - Cottonwood Heights Patrol Car GPS Data, #4 Exhibit 9 - Vehicle Replay (attached hereto as a CD), #5 Exhibit 10 - Garrity Statement (filed under seal), #6 Exhibit 11 - Herriman Police Department email to SCM, #7 Exhibit 12 - Transcript of Evidentiary Hearing held on 11/18/20)(Meziani, Sam)
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Filing 131
RULING & ORDER granting Defendants' Motions to Stay Discovery #121 #124 . All discovery is stayed pending resolution of Officer Casey's Motion to Dismiss based on qualified immunity. Within fifteen days after the Court issues a ruling on Officer Davies' motion for dismissal, the parties shall meet and confer and submit a stipulated, proposed Amended Scheduling Order. Signed by Magistrate Judge Dustin B. Pead on 2/28/22. (dla)
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Filing 130
Motions No Longer Referred: #129 MOTION to Amend/Correct #96 Amended Complaint and Memorandum in Support (dkc)
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Filing 129
MOTION to Amend/Correct #96 Amended Complaint and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit Proposed Amended Complaint) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 128
MOTION for Extension of Time to File Motion for Protective Order filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order ) Motions referred to Dustin B. Pead.(James, Justin)
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Filing 127
Defendant's MOTION for Judgment on the Pleadings filed by Defendant Casey Davies. (Stephens, Mitchell)
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Filing 126
NOTICE of Appearance by Justin L. James on behalf of Casey Davies (James, Justin)
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Filing 125
MEMORANDUM in Opposition re #121 Defendant's MOTION to Expedite Short Form Discovery Motion MOTION for Short Form Discovery re: filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 124
MOTION for Short Form Discovery re: stay all discovery , MOTION to Expedite Short Form Discovery Motion Re: Staying Pending Discovery filed by Defendant Cottonwood Heights. Motions referred to Dustin B. Pead.(Cepernich, Danica)
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Filing 123
MOTION for Judgment on the Pleadings filed by Defendant Cottonwood Heights. (Cepernich, Danica)
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Filing 122
MOTION for Sanctions and Memorandum in Support to Sanction Defendants for Submitting False Testimony filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit 1 - 5.29.18 KSL Article, #2 Exhibit 2 - 6.13.18 KSL Article, #3 Exhibit 3 - 10.09.18 Salt Lake Tribune Article, #4 Exhibit 4 - 6.18.18 Russo ltr. to Davies, #5 Exhibit 5 - 6.21.18 Use of Force Review Board Report) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 121
Defendant's MOTION to Expedite Short Form Discovery Motion, MOTION for Short Form Discovery re: filed by Defendant Casey Davies. (Attachments: #1 Exhibit A-Depo Notices, #2 Exhibit B-Subpoenas, #3 Exhibit C-Written Discovery, #4 Text of Proposed Order Granting Short Form Discovery Motion- Motion to Stay Discovery) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 120
Defendant's MOTION to Dismiss -Qualified Immunity filed by Defendant Casey Davies. (Stephens, Mitchell)
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Filing 119
ORDER granting #118 Motion for Extension of Time to Answer to respond to Plaintiffs' Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 1/21/22. (dla)
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Filing 118
Stipulated MOTION for Extension of Time and Memorandum in Support filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time) Motions referred to Dustin B. Pead.(Stephens, Mitchell) Modified by correcting event type on 1/21/2022 (dla).
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Filing 117
ORDER granting #116 Motion for Extension of Time: The date for Davies to respond to Plaintiffs' Amended Complaint as previously directed by the Court is hereby extended through February 11, 2022. Signed by Magistrate Judge Dustin B. Pead on 1/6/21. (dla)
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ANSWER DEADLINE UPDATED for Casey Davies answer due 2/11/2022. (dla)
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Filing 116
Stipulated MOTION for Extension of Time Court's Order of December 7, 2021 and Memorandum in Support filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 115
ANSWER to #96 Amended Complaint with Jury Demand filed by Cottonwood Heights.(White, Heather)
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Filing 114
DOCKET TEXT ORDER. Good cause appearing therefor, apart from the claims of ongoing mediation with which Plaintiffs disagree, Defendants' Motion for Extension of Time is GRANTED #113 . The date for Defendants to respond to Plaintiffs' Amended Complaint is hereby extended through January 11, 2022. Signed by Magistrate Judge Dustin B. Pead on 12/28/2021. No attached document.
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Filing 113
Defendant's MOTION for Extension of Time and Memorandum in Support filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time) Motions referred to Dustin B. Pead.(Stephens, Mitchell)
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Filing 112
ORDER granting #108 Plaintiffs' Motion to Strike Defendants' Amended Answer for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. Within 21 days of this Order, Defendants shall file a Second Amended Answer or, in the alternative, a Motion to Strike Plaintiffs' Complaint. Signed by Magistrate Judge Dustin B. Pead on 12/7/21. (dla)
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Filing 111
REPLY to Response to Motion re #108 MOTION to Strike #101 Answer to Amended Complaint and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 110
MEMORANDUM in Opposition re #108 MOTION to Strike #101 Answer to Amended Complaint and Memorandum in Support filed by Defendant Cottonwood Heights. (Brown, Bryson)
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Filing 109
DOCKET TEXT ORDER On September 27, 2021, Defendants Cottonwood Heights and Casey Davies filed #103 Motion to Terminate Natalie Bruce and Michael W. Young from the Case. The time for filing oppositions to that motion has passed, see DUCivR 7-1(b)(3)(B), and no objections have been filed. The motion is GRANTED. Natalie C. Bruce will be terminated as an interested party and she and her counsel, Michael W. Young, will no longer receive service or electronic notification of filings relating to this case. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/3/2021. No attached document. (dkc)
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Filing 108
MOTION to Strike #101 Answer to Amended Complaint and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 107
SUBSTITUTION OF COUNSEL Mitchell A. Stephens replacing Heather S. White; Bryson Ray Brown and Danica N. Cepernich as counsel on behalf of Casey Davies. (Stephens, Mitchell)
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Filing 106
SCHEDULING ORDER: Amended Pleadings due by 2/25/2022. Joinder of Parties due by 2/25/2022. Expert Discovery due by 9/15/2022. Dispositive or Potentially Dispositive Motions due by 10/14/2022. Signed by Magistrate Judge Dustin B. Pead on 10/11/21. (dla)
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Filing 105
REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Meziani, Sam)
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Filing 104
NOTICE OF WITHDRAWAL OF COUNSEL of Seamus W. Appel filed by Seamus Appel and Request for Removal from Service List on behalf of Aaron James, Tiffany James (Appel, Seamus)
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Filing 103
MOTION to Dismiss Party Michael W. Young and Natalie Bruce and Memorandum in Support filed by Defendants Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit A)(Brown, Bryson)
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Filing 102
NOTICE of Appearance by Bryson Ray Brown on behalf of Cottonwood Heights, Casey Davies (Brown, Bryson)
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Filing 101
ANSWER to #96 Amended Complaint with Jury Demand filed by Cottonwood Heights, Casey Davies.(White, Heather)
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Filing 99
NOTICE of Appearance by Seamus Appel on behalf of Aaron James, Tiffany James (Appel, Seamus)
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Filing 98
NOTICE of Appearance by Sam Meziani on behalf of Aaron James, Tiffany James (Meziani, Sam)
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Filing 100
EXHIBITS filed by Aaron James, Tiffany James re #97 Notice of Conventional Filing. The CD was not entered on the docket due to format and 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. (dla)
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Filing 97
NOTICE OF CONVENTIONAL FILING of Exhibits 1 and 2 to Amended Complaint filed by Plaintiffs Aaron James, Tiffany James re #96 Amended Complaint (Meziani, Sam)
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Filing 96
AMENDED COMPLAINT against Cottonwood Heights, Casey Davies with Jury Demand. filed by Tiffany James, Aaron James. (Attachments: #1 Exhibit 1 - Audio - filed conventionally, #2 Exhibit 2 - Video - filed conventionally) (Meziani, Sam)
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Filing 95
NOTICE OF WITHDRAWAL OF COUNSEL of Taylor Kordsiemon filed by Taylor P. Kordsiemon on behalf of Cottonwood Heights, Casey Davies (Kordsiemon, Taylor)
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Filing 94
DOCKET TEXT ORDER. Pursuant to DUCivR 83-1.4(b), attorney Patrick A. Shea's Motion to Withdraw as counsel of record for Plaintiffs Aaron James and Tiffany James is GRANTED #93 . Aaron James and Tiffany James continue to be represented by other counsel, Sam Meziani, who has already entered an appearance. Accordingly, the Clerk's Office is hereby ordered to terminate Mr. Shea as counsel for Plaintiffs. Signed by Magistrate Judge Dustin B. Pead on 07/19/2021.
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Filing 93
MOTION to Withdraw as Counsel filed by Plaintiff Aaron James. Motions referred to Dustin B. Pead.(Shea, Patrick)
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Filing 92
DOCKET TEXT ORDER. Pursuant to DUCivR 83-1.3(b), attorney Jeffrey Christian Jensen's Motion to Withdraw as counsel for Defendant Casey Davies is GRANTED #91 . Mr. Davies continues to be represented by other counsel who have already entered an appearance. Accordingly, the Clerk's Office is hereby ordered to terminate Mr. Jensen as counsel for Defendant Davies in the case. Signed by Magistrate Judge Dustin B. Pead on 07/14/2021.
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Filing 91
Defendant's MOTION to Withdraw as Counsel filed by Defendant Casey Davies. Motions referred to Dustin B. Pead.(Jensen, Jeffrey)
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Filing 90
Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Hearing held on 7/7/2021. All parties appearing via video conference. Court heard argument and ruled that Plaintiffs are not barred under the Fifth Amendment or Garrity v. State of N.J., 385 U.S. 493 (1967), from using in this litigation statements made by Officer Davies on June 18, 2018, to the Cottonwood Heights Police Department during the Department's internal investigation into the death of Zane James. Attorney for Plaintiff: Sam Meziani, Patrick Shea, Attorney for Defendant: Heather White, JC Jensen. Court Reporter: Teena Green.(Time Start: 11:00, Time End: 11:55, Room: zoom video.)(mlp)
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Filing 89
NOTICE of SUPPLEMENTAL AUTHORITY by Aaron James, Tiffany James re #83 Notice of Filing, #76 Memorandum (NOT to motion) (Meziani, Sam)
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Filing 88
NOTICE OF HEARING ON #76 MEMORANDUM On Use of Garrity Derived Statements (Notice generated by HCN chambers). Hearing set for 7/7/2021 at 11:00 AM before Judge Howard C. Nielson, Jr. Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at [email protected] (mlp)
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Filing 87
REQUEST to Submit for Decision re #76 Memorandum (NOT to motion) filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 86
First REPLY to Response to Motion re #84 Stipulated MOTION for Extension of Time To Reply to Plaintiff's Response to Defendant Davies' Memorandum on Use of Garrity Derived Statements MOTION for Extension of Time to File Response/Reply as to #76 Memorandum (NOT to motion), #82 Order on Motion for Extension of Time, filed by Defendant Casey Davies. (Jensen, Jeffrey)
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Filing 85
ORDER granting #84 Stipulated Motion to Extend Time: Defendant Davies shall file his reply Plaintiffs' Response to Defendant Davies' Memorandum on Use of Garrity Derived Statements by Thursday, March 11, 2021. Signed by Magistrate Judge Dustin B. Pead on 3/2/21. (dla)
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Filing 84
Stipulated MOTION for Extension of Time To Reply to Plaintiff's Response to Defendant Davies' Memorandum on Use of Garrity Derived Statements , MOTION for Extension of Time to File Response/Reply as to #76 Memorandum (NOT to motion), #82 Order on Motion for Extension of Time, filed by Defendant Casey Davies. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Jensen, Jeffrey)
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Filing 83
NOTICE OF FILING of Response to Officer Davies's Memorandum on Use of Garrity Derived Statements filed by Plaintiffs Aaron James, Tiffany James. (Meziani, Sam)
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Filing 82
ORDER granting #81 Stipulated Motion for Extension of Time: Plaintiffs Aaron and Tiffany James shall have until February 20, 2021 to respond to Defendant Davies' Memorandum on Use of Garrity Derived Statements. Signed by Magistrate Judge Dustin B. Pead on 2/10/21. (dla)
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Filing 81
Stipulated MOTION for Extension of Time to Respond to Davies' Memorandum on Use of Garrity Derived Statements filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time) Motions referred to Dustin B. Pead.(Meziani, Sam)
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Filing 80
NOTICE of Appearance by Patrick A. Shea on behalf of Aaron James, Tiffany James (Shea, Patrick)
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Filing 79
ORDER granting #77 Motion to Withdraw as Counsel: The firm of Sykes McAllister Law Offices, and specifically Attorneys Robert B. Sykes, C. Peter Sorensen, and Christina D. Isom, are hereby allowed to withdraw from any further representation of Plaintiffs in this case. Signed by Magistrate Judge Dustin B. Pead on 2/10/21. (dla)
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Filing 78
NOTICE of Appearance by Sam Meziani on behalf of Aaron James, Tiffany James (Meziani, Sam)
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Filing 77
MOTION to Withdraw as Counsel and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order Granting Withdrawal as Counsel) Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 76
MEMORANDUM On Use of Garrity Derived Statements filed by Casey Davies. (Jensen, Jeffrey)
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Filing 75
Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Status Conference held on 1/13/2021. All parties appearing via video conference. The court heard from all parties and issued the following: The court will assume that a video of the shooting exists or at one time existed for purposes of the motion to dismiss only.The court will assume that the content of the video is as described by Council Member Bruce, both in her testimony at the hearing and in her statements to Ms. James as reported by Ms. James in her declarations. See Dkt Nos. 26-2, 32-1, 54. That is all the court is willing to assume about the content of the video, however. If the video showed anything else material, the court assumes that Council Member Bruce would have said so. The court GRANTS Plaintiffs leave to file an amended complaint. #9 Motion to Dismiss, is DENIED without prejudice to filing a motion to dismiss the amended complaint after it is filed. #12 Order granting #11 Motion to Delay Scheduling and Discovery Pending Decision on Dispositive Motion will remain in place until the court issues a ruling on Defendants' renewed motion to dismiss or until 45 days after Plaintiffs file their amended complaint if no motion to dismiss has been filed by that time. #26 Plaintiffs' motion to strike is GRANTED in part and DENIED in part. To the extent that motion seeks relief that is consistent with the court's rulings as set forth in this order, it is GRANTED; otherwise, the motion is DENIED. Defendant Casey Davies shall submit a brief addressing whether Plaintiffs may use information from Officer Davies' Garrity interview in this litigation no later than January 27, 2021. Plaintiffs shall file a response no later than February 10, 2021. Officer Davies shall file a reply no later than February 17, 2021. If a party's brief does not discuss the actual content of the interview, the party may file that brief on CM/ECF. Otherwise, the party must submit the brief by email to [email protected], copying all counsel.Plaintiffs shall file the amended complaint no later than 30 days after the court resolves whether Plaintiffs may use information from Officer Davies' Garrity interview in this litigation.Defendants shall file a renewed motion to dismiss, if they choose to do so, no later than 45 days after Plaintiffs file the amended complaint. Attorney for Plaintiff: Robert Sykes, Christina Isom, Attorney for Defendant: Heather White, Danica Cepernich, Jeffrey Jensen. Court Reporter: Teena Green. (Time Start: 1:30, Time End: 3:30, Room: zoom video.)(mlp) Modified by grammatically editing docket text on 1/15/2021 (dla).
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Filing 74
NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 1/13/2021 at 01:30 PM before Judge Howard C. Nielson, Jr. Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at [email protected] (mlp)
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Filing 73
STATUS REPORT re Axon Expert by Aaron James, Tiffany James. (Sykes, Robert)
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Filing 72
STATUS REPORT Regarding Proposed Body Camera Experts by Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit Envista Forensics, #2 Exhibit Chiles CV)(White, Heather)
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Filing 71
RESPONSE to Motion re #69 MOTION for Extension of Time Vacating Remaining Deadlines Set in Dkt. No. 64 and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Sykes, Robert)
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Filing 70
DOCKET TEXT ORDER - The deadlines for submissions and briefing set forth in 64 Minute Entry are hereby vacated. No later than December 18, 2020, Plaintiffs and Defendants shall submit a joint report regarding the status of their efforts to identify a mutually acceptable expert who can analyze data from the Axon System and Evidence.com in order to verify or rule out the existence of any video of the shooting. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 12/7/2020. (dz)
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Filing 69
MOTION for Extension of Time Vacating Remaining Deadlines Set in Dkt. No. 64 and Memorandum in Support filed by Defendants Cottonwood Heights, Casey Davies. (Attachments: #1 Text of Proposed Order Vacating Remaining Deadlines Set in Docket No. 64) Motions referred to Dustin B. Pead.(Cepernich, Danica)
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Filing 67
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing Via Zoom held on 11/18/2020 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC. Telephone number 801-910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/2/2021. (lnp) Modified to remove restricted text on 3/2/2021 (jl).
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Filing 66
DOCKET TEXT ORDER - The November 25, 2020, deadline for Plaintiffs to provide Defendants a list of potential experts to analyze data from the Axon System and Evidence.com is vacated. The December 2, 2020, deadline for Plaintiffs and Defendants to provide a joint list of experts acceptable to both parties is also vacated. The court will set new deadlines by subsequent order. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/25/2020. (dz)
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Filing 65
Plaintiff's MOTION to Amend/Correct 64 Miscellaneous Hearing,,,,,,,,,, and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 64
Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Evidentiary Hearing held on 11/18/2020. All parties present via video conferencing. Mr. Sykes calls Tali Bruce, witness sworn and testifies. Mr. Sykes calls Christine Mikell, witness sworn and testifies. Mr. Sykes calls Casey Davies, witness sworn and testifies. Mr. Sykes calls Robby Russo, witness sworn and testifies. Ms. White calls Tiffany James, witness sworn and testifies. After hearing testimony and argument the Court ruled as follows: Plaintiffs shall provide Defendants a list of potential experts who are acceptable to Plaintiffs and qualified to analyze data from the Axon System and Evidence.com in order to verify or rule out the existence of any video of the shooting no later than November 25, 2020. Plaintiffs and Defendants shall jointly submit a list of any experts that are acceptable to both parties or notify the court that none of the experts proposed by Plaintiffs are acceptable to both parties no later than December 2, 2020. Ms. Bruce shall submit a brief addressing Defendants' request for an adverse inference against Ms. Bruce no later than December 9, 2020. Plaintiffs may also submit a brief addressing this issue but are not required to. Defendants may submit a response no later than December 16, 2020. Plaintiffs may proffer the document that their counsel sought to admit in connection with his questioning of Officer Davies by emailing the document to the court's chambers email address, copying counsel for Defendants and counsel for Officer Davies, and highlighting portions of the document they believe are relevant, no later than December 9, 2020. Counsel for Officer Davies shall submit a brief addressing the application of Garrity v. State of New Jersey and the potential waiver issues he raised during the hearing no later than December 16, 2020. Plaintiffs may submit a response no later than December 23, 2020.Defendants may submit a table in support of their contention that the statements that Ms. James testified were made by Ms. Bruce describing a video of the shooting contain only facts alleged in the complaint no later than December 9, 2020. Plaintiffs may submit a brief addressing this contention and the table no later than December 16, 2020. Defendants may file a response no later than December 23, 2020. Some of the dates in this order differ from and control those dates given in the hearing. Attorney for Plaintiff: Robert Sykes, Peter Sorensen, Attorney for Defendant: Heather White, Danica Cepernich. Court Reporter: Teena Green. (Time Start: 1:00, Time End: 6:45, Room zoom video.)(mlp)
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Filing 63
OBJECTIONS to #54 Declaration of Tiffany James filed by Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 62
NOTICE of LIMITED APPEARANCE by Jeffrey Christian Jensen on behalf of Casey Davies for purpose of Evidentiary Hearing of November 18, 2020 (Jensen, Jeffrey)
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Filing 61
EXHIBIT #8 CHPD GPS Data of May 29, 2018 filed by Aaron James, Tiffany James per #57 Notice of Conventional Filing re: #56 Brief. (The Exhibit was not entered on the docket due to the fact that it is an video file and cannot be uploaded to CM/ECF. The exhibit will be retained in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter.) (jwt)
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Filing 60
NOTICE OF FILING of Exhibit 1 to Joint Witness List re #59 Notice of Filing filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 59
NOTICE OF FILING of Joint Witness List filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 58
for the November 18, 2020 Evidentiary Hearing BRIEF filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 57
NOTICE OF CONVENTIONAL FILING of Exh 8 - GPS Data filed by Plaintiffs Aaron James, Tiffany James re #56 Brief,,, (Sykes, Robert)
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Filing 56
BRIEF re 33 Motion Hearing,,,,,,,,,, filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit 1 - Declaration of Tiffany James, #2 Exhibit 2 - Declaration of Tali Bruce, #3 Exhibit 3 - Declaration of Paula Melgar, #4 Exhibit 4 - KSL Release of Video, #5 Exhibit 5 - SLTrib quoting Russo, #6 Exhibit 6 - Declaration of Casey Davies - August, #7 Exhibit 7 - Declaration of Casey Davies - Nov, #8 Exhibit 8 - CHPD GPS Data, #9 Exhibit 9 - Declaration of Chris Burbank, #10 Exhibit 10 - Declaration of Candie Terry, #11 Exhibit 11 - Declaration of Michael Peterson, #12 Exhibit 12 - Declaration of Christine Mikell, #13 Exhibit 13 - Excerpt from SLPD Investigation)(Sykes, Robert)
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Filing 55
NOTICE OF FILING of Submission of Unredacted Version of Exhibit 1 to Docket No. 44 re #44 Declaration filed by Defendants Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit 1. Unredacted Email)(Cepernich, Danica)
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Filing 54
DECLARATION of Tiffany James re #53 Notice (Other), Revised filed by Aaron James, Tiffany James. (Sykes, Robert)
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Filing 53
NOTICE of Submission of Declarations for Evidentiary Hearing by Aaron James, Tiffany James re 33 Motion Hearing,,,,,,,,,, (Attachments: #1 Exhibit 1 - Declaration of Tiffany James, #2 Exhibit 2 - Declaration of Chris Burbank) (Sykes, Robert)
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Filing 52
EXHIBIT A filed by Cottonwood Heights, Casey Davies re #50 NOTICE of Submission of Declarations for the November 18, 2020 Evidentiary Hearing. The Exhibit was not entered on the docket due to file type (DVD-Video Clips) and 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. (lnp)
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Filing 51
NOTICE OF CONVENTIONAL FILING of Exhibit A to Declaration Casey Davies filed by Defendants Cottonwood Heights, Casey Davies re #50 Notice (Other),,, (White, Heather)
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Filing 50
NOTICE of Submission of Declarations for the November 18, 2020 Evidentiary Hearing by Cottonwood Heights, Casey Davies re 48 Notice of Hearing (Attachments: #1 Exhibit Davies Declaration, #2 Exhibit Betenson Declaration, #3 Exhibit Russo Declaration, #4 Exhibit Bartlett Declaration, #5 Exhibit Mitchell Declaration, #6 Exhibit Terry Declaration, #7 Exhibit Mikell Declaration, #8 Exhibit Topham Declaration, #9 Exhibit Peterson Declaration, #10 Exhibit Bracken Declaration, #11 Exhibit Melgar Declaration, #12 Exhibit Park Declaration, #13 Exhibit Haderlie Declaration, #14 Exhibit Shelton Declaration, #15 Exhibit Petersen Declaration, #16 Exhibit Tingey Declaration) (White, Heather)
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Filing 49
NOTICE of Appearance by Taylor P. Kordsiemon on behalf of Cottonwood Heights, Casey Davies (Kordsiemon, Taylor)
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Filing 48
NOTICE OF HEARING: (Notice generated by HCN chambers) Evidentiary Hearing set for 11/18/2020 at 01:00 PM before Judge Howard C. Nielson, Jr. The location of this hearing will be determined at a later date. (mlp)
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Filing 47
**SEALED DOCUMENT** re #46 Notice of Filing filed by Defendants Cottonwood Heights, Casey DaviesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Cepernich, Danica)
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Filing 46
NOTICE OF FILING of Redacted Submission of Recordings of the 2019 Closed Sessions of Cottonwood Heights City Council Meetings filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 45
DECLARATION of Paula Melgar Re: 2019 Meetings filed by Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit 1 - City Counsel Closed Meeting 1-8-19, #2 Exhibit 2 - City Counsel Closed Meeting 1-22-19, #3 Exhibit 3 - City Counsel Closed Meeting 3-5-19, #4 Exhibit 4 - City Counsel Closed Meeting 4-2-19, #5 Exhibit 5 - City Counsel Closed Meeting 4-16-19, #6 Exhibit 6 - City Counsel Closed Meeting 5-7-19, #7 Exhibit 7 - City Counsel Closed Meeting 8-27-19, #8 Exhibit 8 - City Counsel Closed Meeting 9-3-19, #9 Exhibit 9 - City Counsel Closed Meeting 9-17-19, #10 Exhibit 10 - City Counsel Closed Meeting 10-1-19, #11 Exhibit 11 - City Counsel Closed Meeting 11-5-19, #12 Exhibit 12 - City Counsel Closed Meeting 12-17-19)(Cepernich, Danica)
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Filing 44
DECLARATION of Tali Bruce re 33 Motion Hearing,,,,,,,,,, filed by Natalie C. Bruce. (Young, Michael)
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Filing 43
NOTICE of LIMITED APPEARANCE by Michael W. Young on behalf of Natalie C. Bruce for purpose of Filing of a Declaration and Defense of Anticipated Testimony (Young, Michael)
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Filing 42
DOCKET TEXT ORDER - Having reviewed the Plaintiff's #39 Motion to Amend 33 Minute Entry, and #41 Defendants' Response to Motion to Amend Minute Entry, this court GRANTS the motion. Within 10 days, Defense counsel shall submit a declaration from a competent city official listing all closed meetings held by city council in 2019. For each meeting, the declaration shall identify whether minutes and/or recordings of the meeting exists. Within 10 days, Defense counsel shall also submit the following: 1) Any existing minutes or recordings of the closed meetings identified in the declarations and 2) summaries of the agenda items addressed in any recordings submitted. Any minutes, recordings, and summaries of closed meeting may be submitted ex parte and under seal for in camera review by the court. Signed by Judge Howard C. Nielson, Jr., on 09/14/2020. (dz)
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Filing 41
RESPONSE to Motion re #39 Plaintiff's MOTION to Amend/Correct 33 Motion Hearing,,,,,,,,,, and Memorandum in Support filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 40
Motions No Longer Referred: #39 Plaintiff's MOTION to Amend/Correct Minute Entry from August 25, 2020 hearing before Judge Howard C. Nielsen Jr. 33 will be addressed by the District Court. (amn)
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Filing 39
Plaintiff's MOTION to Amend/Correct 33 Motion Hearing,,,,,,,,,, and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 38
**SEALED DOCUMENT** re #37 Notice of Filing filed by Defendants Cottonwood Heights, Casey DaviesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Cepernich, Danica)
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Filing 37
NOTICE OF FILING of Redacted Submission of Recordings of the Closed Sessions of Cottonwood Heights City Council Meetings filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 36
DECLARATION of Paula Melgar filed by Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit 1 - City Council Meeting Minutes, #2 Exhibit 2 - May 29, 2018, #3 Exhibit 3 - June 12, 2018, #4 Exhibit 4 - June 19, 2018, #5 Exhibit 5 - July 10, 2018, #6 Exhibit 6 - July 31, 2018, #7 Exhibit 7 - August 7, 2018, #8 Exhibit 8 - August 22, 2018, #9 Exhibit 9 - August 28, 2018, #10 Exhibit 10 - August 31, 2018, #11 Exhibit 11 - September 4, 2018, #12 Exhibit 12 - September 11, 2018, #13 Exhibit 13 - September 18, 2018, #14 Exhibit 14 - September 25, 2018, #15 Exhibit 15 - October 9, 2018, #16 Exhibit 16 - November 13, 2018)(Cepernich, Danica)
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Filing 34
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Via Zoom held on 8/25/2020 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC. Telephone number 801-910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (lnp) Modified by removing restricted text on 11/30/2020 (nl).
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Filing 33
Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 8/25/2020 re #26 Plaintiff's MOTION to Strike #9 MOTION to Dismiss and Memorandum in Support filed by Aaron James, Tiffany James. All parties appearing via zoom video. Court heard argument from all parties and made the following rulings:1) Counsel will confer and jointly provide a list of available dates for an evidentiary hearing in October. 2) Counsel will provide a joint list of witnesses for the evidentiary hearing. The list must include Tali Bruce and Christine Mikell. 3) The court will use witness declarations in lieu of direct testimony. Counsel for Defendants will decide whether to submit more detailed declarations from any city officials (other than Ms. Bruce) who will testify or whether to rely on the declarations that have been submitted. Counsel for Plaintiffs will decide whether to submit a more detailed declaration from Tiffany James, if she will testify, or whether to rely on the declarations that have already been submitted. Any additional declarations from these individuals shall be submitted no later than fourteen days before the hearing. 4) Tali Bruce is ordered to attend the evidentiary hearing. She is encouraged to submit a declaration fourteen days prior to the hearing. Regardless of whether she does so, counsel for both parties will be permitted to question her at the evidentiary hearing.5) No later than seven days before the hearing, counsel for both sides shall submit briefs summarizing what the evidence will show and what the appropriate next steps for this court should be in resolving this matter. 6) Within 10 days, Defense counsel shall submit a declaration from a competent city official listing all closed meetings held by city council from the date of the shooting until the end of 2018. For each meeting, the declaration shall identify whether minutes and/or recordings of the meeting exist. 7) Within 10 days, Defense counsel shall submit the following: a. Any existing minutes or recordings of the closed meetings identified in the declaration; and b. Summaries of the agenda items addresses in any recordings submitted.c. Any minutes, recordings, and summaries of closed meeting may be submitted ex parte and under seal for in camera review by the court.Some of the dates in this order differ from and control those dates given in the hearing. Attorney for Plaintiff: Robert Sykes, Peter Sorensen, Attorney for Defendant: Heather White, Danica Cepernich. Court Reporter: Teena Green. (Time Start: 1:05, Time End: 2:20, Room: zoom video.)(mlp)
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Filing 32
Plaintiff's REPLY to Response to Motion re #26 Plaintiff's MOTION to Strike #9 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Affidavit of Tiffany James)(Sykes, Robert)
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Filing 31
MEMORANDUM in Opposition re #26 Plaintiff's MOTION to Strike #9 MOTION to Dismiss and Memorandum in Support filed by Defendants Cottonwood Heights, Casey Davies. (Attachments: #1 Exhibit 01 - Declaration of Robby Russo, #2 Exhibit 02 - Declaration of Dan Bartlett, #3 Exhibit 03 - Declaration of Casey Davies, #4 Exhibit 04 - Declaration of Bryan Betenson, #5 Exhibit 05 - Declaration of Michael Peterson, #6 Exhibit 06 - Declaration of Tim Tingey, #7 Exhibit 07 - Declaration of John Park, #8 Exhibit 08 - Declaration of Douglas Petersen, #9 Exhibit 09 - Declaration of Scott Bracken, #10 Exhibit 10 - Declaration of Christine Mikell, #11 Exhibit 11 - Declaration of Michael Shelton, #12 Exhibit 12 - Declaration of Shane Topham, #13 Exhibit 13 - Declaration of Paula Melgar, #14 Exhibit Still Images)(Cepernich, Danica)
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Filing 29
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/15/2019 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Rebecca Janke, CSR, RMR. Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 11/17/2020. (lnp) Modified by removing restricted text on 11/17/2020 (nl).
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Filing 28
NOTICE OF HEARING ON MOTION re: #26 Plaintiff's MOTION to Strike #9 MOTION to Dismiss and Memorandum in Support : (Notice generated by HCN chambers.) Motion Hearing set for 8/25/2020 at 01:00 PM before Judge Howard C. Nielson, Jr. Hearing will be held via ZOOM. Link will be emailed to counsel. **Members of the public or media who are interested in viewing this hearing may contact chambers at [email protected] (mlp)
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Filing 27
Motions No Longer Referred: #26 Plaintiff's MOTION to Strike.
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Filing 26
Plaintiff's MOTION to Strike #9 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Exhibit 1 - GRAMA Requests, #2 Exhibit 2 - Affidavit of T James, #3 Exhibit 3 - KUTV News Story, #4 Exhibit 4 - Report of District Atty) Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 25
NOTICE of SUPPLEMENTAL AUTHORITY by Cottonwood Heights, Casey Davies re #9 MOTION to Dismiss (Attachments: #1 Exhibit Estate of Smart v. Wichita) (White, Heather)
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Filing 24
RESPONSE re #23 Notice of Supplemental Authority, filed by Cottonwood Heights, Casey Davies. (White, Heather)
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Filing 23
NOTICE of SUPPLEMENTAL AUTHORITY by Aaron James, Tiffany James re #16 Memorandum in Opposition to Motion (Sykes, Robert)
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Filing 22
NOTICE of Appearance by Christina Dawn Isom on behalf of Aaron James, Tiffany James (Isom, Christina)
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Filing 21
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 10/15/2019 re #9 MOTION to Dismiss filed by Cottonwood Heights, Casey Davies. Court heard arguments from all parties and took under advisement #9 Motion to Dismiss. Court will issue an order. Attorney for Plaintiff: Robert B. Sykes, Attorney for Defendant: Heather S. White. Court Reporter: Rebecca Janke.(Time Start: 11:03, Time End: 12:05, Room 7.3.) (mlp)
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Filing 20
NOTICE OF HEARING ON MOTION re: #9 MOTION to Dismiss : (Notice generated by HCN chambers) Motion Hearing RESET for 10/15/2019 at 11:00 AM in Rm 7.300 before Judge Howard C. Nielson Jr.Please notify chambers at [email protected] if this date does not work for all parties. (mlp)
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Filing 19
NOTICE OF HEARING ON MOTION re: #9 MOTION to Dismiss : (Notice generated by HCN chambers). Motion Hearing set for 9/18/2019 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. Please notify chambers at [email protected] if this date does not work for all parties. (mlp)
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Filing 18
REPLY to Response to Motion re #9 MOTION to Dismiss filed by Defendants Cottonwood Heights, Casey Davies. (Cepernich, Danica)
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Filing 17
DOCKET TEXT ORDER granting #15 Plaintiff's Motion for Leave to File Excess Pages. Signed by Magistrate Judge Dustin B. Pead on 07/29/2019. No attached document. (amn)
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Filing 16
Plaintiff's MEMORANDUM in Opposition re #9 MOTION to Dismiss filed by Plaintiffs Aaron James, Tiffany James. (Sykes, Robert)
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Filing 15
Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Response/Reply re #9 MOTION to Dismiss. Responses due by 7/25/2019. Signed by Magistrate Judge Dustin B. Pead on 7/19/2019. (las)
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Filing 13
Stipulated MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Aaron James, Tiffany James. (Attachments: #1 Text of Proposed Order to Grant Extension of Time) Motions referred to Dustin B. Pead.(Sykes, Robert)
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Filing 12
ORDER granting #11 Motion to Delay Scheduling and Discovery Pending Decision on Dispositive Motion. Signed by Magistrate Judge Dustin B. Pead on 7/1/2019. (las)
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Filing 11
Stipulated MOTION to Delay Scheduling and Discovery Pending Decision on Dispositive Motion re #10 Attorney Planning Meeting filed by Defendants Cottonwood Heights, Casey Davies. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(White, Heather)
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Filing 10
REPORT OF ATTORNEY PLANNING MEETING. (White, Heather)
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Filing 9
MOTION to Dismiss filed by Defendants Cottonwood Heights, Casey Davies. (White, Heather)
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Filing 8
REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Howard C. Nielson, Jr. Judge Robert J. Shelby no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A) re 3 Order Referring Case to Magistrate Judge. Case number will now read 2:19-cv-00341-HCN-DBP. Please make changes to document captions accordingly. (las)
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Filing 7
NOTICE of Appearance by Danica N. Cepernich on behalf of Cottonwood Heights, Casey Davies (Cepernich, Danica)
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Filing 6
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 5/28/19. (dla)
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Filing 5
NOTICE of Appearance by Heather S. White on behalf of Cottonwood Heights, Casey Davies (White, Heather)
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Filing 4
ACKNOWLEDGMENT OF SERVICE Executed as to #2 Complaint Acknowledgment filed by Cottonwood Heights, Casey Davies.Cottonwood Heights served on 5/28/2019, answer due 6/18/2019; Casey Davies served on 5/28/2019, answer due 6/18/2019. (White, Heather)
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 5/23/2019. (mjm)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3276653) filed by Tiffany James, Aaron James. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Sykes, Robert)
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Filing 1
Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Aaron James, Tiffany James 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 [email protected] for issuance. (nl)
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