Byron v. University of Utah et al
Plaintiff: Robert Byron
Defendant: Lori McDonald, Ruth Wakins, University of Utah and Ruth Watkins
Case Number: 2:2020cv00290
Filed: April 30, 2020
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Daphne A Oberg
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 37 SCHEDULING ORDER: Discovery due by 3/18/2021. Motions due by 3/26/2021. Scheduling/Status Conference set for 4/1/2021 at 02:45 AM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Daphne A. Oberg on 08/03/2020. (kpf)
July 31, 2020 Filing 36 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Egan, Austin)
July 20, 2020 Filing 35 Defendants ANSWER to Complaint with Jury Demand filed by University of Utah.(Terry, Rachel)
July 20, 2020 Filing 34 Defendants ANSWER to Complaint with Jury Demand filed by Ruth Wakins.(Terry, Rachel)
July 20, 2020 Filing 33 Defendants ANSWER to Complaint with Jury Demand filed by Lori McDonald.(Terry, Rachel)
July 8, 2020 Opinion or Order Filing 32 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 Daphne A. Oberg on 7/8/20. (jrj)
July 7, 2020 Opinion or Order Filing 31 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 7/7/2020.(sds)
July 1, 2020 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time to Answer Answer deadline updated for Lori McDonald answer due 7/20/2020; University of Utah answer due 7/20/2020; Ruth Wakins answer due 7/20/2020. Signed by Judge David Barlow on 7/1/20. (jrj)
June 30, 2020 Filing 29 MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendants Lori McDonald, University of Utah, Ruth Wakins. (Attachments: #1 Text of Proposed Order)(Terry, Rachel)
June 24, 2020 Opinion or Order Filing 28 ORDER denying #9 Motion for TRO and #17 PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Signed by Judge David Barlow on 6/24/20. (jrj)
June 23, 2020 Filing 27 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 6/23/2020 re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Robert Byron, #17 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support filed by Robert Byron. The court conducted the hearing telephonically. Discussion and argument heard on the motion. For the reasons stated on the record, the court DENIED the motion. A written order will follow. Attorney for Plaintiff: Austin Egan, Attorney for Defendant: Rachel Terry. Court Reporter: Ed Young.(tcs)
June 11, 2020 Filing 26 NOTICE OF HEARING ON MOTION re: #17 SEALED MOTION for Temporary Restraining Order, and #9 Redacted MOTION for Temporary Restraining Order : (Notice generated by DBB Chambers). Telephonic Motion Hearing set for 6/23/2020 at 02:00 PM before Judge David Barlow. The purpose of the hearing is to allow attorney argument only, limited to 30 minutes per side. Call-in instructions will be sent to counsel prior to the hearing.(sds)
June 9, 2020 Filing 25 REQUEST to Submit for Decision re #17 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support filed by Plaintiff Robert Byron. (Egan, Austin)
June 9, 2020 Filing 24 REPLY to Response to Motion re #17 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Exhibit Exhibit 19 - Reply Declaration of R. Byron, #2 Exhibit Exhibit 20 - OEO Retaliation Complaint, #3 Exhibit Exhibit 21 - Byron's Response to Retaliation Complaint)(Egan, Austin)
June 9, 2020 Opinion or Order Filing 23 ORDER granting #22 Motion for Leave to File file an overlength reply1 in support of the motion for a temporary restraining order and preliminary injunction. See Order for details. Signed by Judge David Barlow on 6/9/20. (jrj)
June 8, 2020 Filing 22 Plaintiff's MOTION for Leave to File Overlength Reply and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Text of Proposed Order Proposed Order)(Egan, Austin)
June 4, 2020 Filing 21 Defendant's MEMORANDUM in Opposition re #17 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support, #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendants Lori McDonald, University of Utah, Ruth Wakins. (Attachments: #1 Exhibit Ex 1-Declaration of Brian Burton, #2 Exhibit Ex 2 Proposed Sanctions, #3 Exhibit Ex 3-Emails Sending Proposed Sanctions, #4 Exhibit Ex 4-Sanctions Rationale Memo, #5 Exhibit Ex 5-Declaration of Lori McDonald)(Terry, Rachel)
June 2, 2020 Opinion or Order Filing 20 ORDER granting #18 Motion for Extension of Time. Defendants must file their response to the motion for temporary restraining order on or before June 4, 2020. Plaintiff must file his reply on or before June 11, 2020. Signed by Judge David Barlow on 6/2/20. (jrj)
June 1, 2020 Filing 19 Defendant's RESPONSE to Motion re #13 Plaintiff's MOTION to Expedite Briefing on Motion for Temporary Restraining Order (ECF No. 9) and Memorandum in Support filed by Defendants Lori McDonald, University of Utah, Ruth Wakins. (Terry, Rachel)
June 1, 2020 Filing 18 MOTION for Extension of Time to file Opposition to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction filed by Defendants Lori McDonald, University of Utah, Ruth Wakins. (Attachments: #1 Text of Proposed Order)(Terry, Rachel)
May 26, 2020 Filing 17 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Exhibit Exhibit 1 - Declaration of R. Byron, #2 Exhibit Exhibit 2 - Course Grades, #3 Exhibit Exhibit 3 - Notice of Complaint, #4 Exhibit Exhibit 4 - Documents Filed with Complaint, #5 Exhibit Exhibit 5 - Byron's Response to Complaint, #6 Exhibit Exhibit 6 - Letter from W. Bugden, #7 Exhibit Exhibit 7 - OEO Report, #8 Exhibit Exhibit 8 - University Rule 1-012B, #9 Exhibit Exhibit 9 - University Rule 1-012, #10 Exhibit Exhibit 10 - Notice of Hearing, #11 Exhibit Exhibit 11 - Byron's Pre-Hearing Disclosures, #12 Exhibit Exhibit 12 - Complainant's Pre-Hearing Disclosures, #13 Exhibit Exhibit 13 - Committee Final Report, #14 Exhibit Exhibit 14 - Letter from VP McDonald, #15 Exhibit Exhibit 15 - Appeal to President, #16 Exhibit Exhibit 16 - Letter from Dr. Brown, #17 Exhibit Exhibit 17 - Letter from S. Derzon, #18 Exhibit Exhibit 18 - Letter from President Watkins)(Egan, Austin)
May 26, 2020 Opinion or Order Filing 16 ORDER GRANTING #10 MOTION FOR LEAVE TO FILE UNDER SEAL - Signed by Judge David Barlow on 5/26/20. Plaintiff may file his motion for a temporary restraining order and preliminary injunction under seal in accordance with DUCivR 5-3.(jrj)
May 22, 2020 Filing 15 REQUEST to Submit for Decision re #10 *SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support (NOTE: Filer is instructed to serve the sealed d*SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support (NOTE: Filer is instructed to serve the sealed d filed by Plaintiff Robert Byron. (Egan, Austin)
May 22, 2020 Filing 14 NOTICE of Non-Opposition to Plaintiff Robert Byron's Motion for Leave to File Under Seal a Motion for TRO and Preliminary Injunction by Lori McDonald, University of Utah, Ruth Wakins re #10 *SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support (NOTE: Filer is instructed to serve the sealed d*SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support (NOTE: Filer is instructed to serve the sealed d (Terry, Rachel)
May 20, 2020 Filing 13 Plaintiff's MOTION to Expedite Briefing on Motion for Temporary Restraining Order (ECF No. 9) and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Text of Proposed Order Proposed Order)(Egan, Austin)
May 20, 2020 Opinion or Order Filing 12 DOCKET TEXT ORDER establishing an expedited briefing schedule regarding Plaintiff's motion #10 for leave to file under seal a motion for temporary restraining order and preliminary injunction. Defendants shall file a response on or before May 28, 2020. Plaintiff shall file a reply on or before June 1, 2020. No attached document. Signed by Judge David Barlow on 5/20/2020.(sds)
May 20, 2020 Opinion or Order Filing 11 ORDER GRANTING #8 MOTION FOR LEAVE TO FILE OVERLENGTH MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION - granting #8 Motion for Leave to File. See Order for details. Signed by Judge David Barlow on 5/20/20. (jrj)
May 19, 2020 Filing 10 *SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support (NOTE: Filer is instructed to serve the sealed document on all other parties) filed by Plaintiff Robert Byron. (Attachments: #1 Exhibit Motion for Temporary Restraining Order, redacted information highlighted, #2 Text of Proposed Order Proposed Order)(Egan, Austin)
May 19, 2020 Filing 9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Exhibit Exhibit 1 - Declaration of R. Byron (redacted), #2 Exhibit Exhibit 2 - Course Grades, #3 Exhibit Exhibit 3 - Notice of Complaint (redacted), #4 Exhibit Exhibit 4 - Documents Filed with Complaint (redacted), #5 Exhibit Exhibit 5 - Byron's Response to Complaint (redacted), #6 Exhibit Exhibit 6 - Letter from W. Bugden (redacted), #7 Exhibit Exhibit 7 - OEO Report (redacted), #8 Exhibit Exhibit 8 - University Rule 1-012B, #9 Exhibit Exhibit 9 - University Rule 1-012, #10 Exhibit Exhibit 10 - Notice of Hearing, #11 Exhibit Exhibit 11 - Byron's Pre-Hearing Disclosures, #12 Exhibit Exhibit 12 - Complainant's Pre-Hearing Disclosures, #13 Exhibit Exhibit 13 - Committee Final Report (redacted), #14 Exhibit Exhibit 14 - Letter from Vice President, #15 Exhibit Exhibit 15 - Appeal to President (redacted), #16 Exhibit Exhibit 16 - Letter from Dr. Brown, #17 Exhibit Exhibit 17 - Letter from S. Derzon, #18 Exhibit Exhibit 18 - Letter from President Watkins (redacted))(Egan, Austin)
May 19, 2020 Filing 8 Plaintiff's MOTION for Leave to File Overlength Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support filed by Plaintiff Robert Byron. (Attachments: #1 Text of Proposed Order Proposed Order)(Egan, Austin)
May 19, 2020 Filing 7 NOTICE of Appearance by Rachel G. Terry on behalf of Lori McDonald, University of Utah, Ruth Wakins (Terry, Rachel)
May 12, 2020 Filing 6 WAIVER OF SERVICE Returned Executed filed by Robert Byron as to Lori McDonald Waiver sent on 5/6/2020, answer due 7/6/2020. (Egan, Austin)
May 12, 2020 Filing 5 WAIVER OF SERVICE Returned Executed filed by Robert Byron as to Ruth Wakins Waiver sent on 5/6/2020, answer due 7/6/2020. (Egan, Austin)
May 12, 2020 Filing 4 WAIVER OF SERVICE Returned Executed filed by Robert Byron as to University of Utah Waiver sent on 5/6/2020, answer due 7/6/2020. (Egan, Austin)
May 1, 2020 Filing 3 EXHIBITS filed by Robert Byron re #2 Complaint. (Egan, Austin)
April 30, 2020 Filing 2 COMPLAINT against Lori McDonald, University of Utah, Ruth Wakins (Filing fee $ 400, receipt number BUTDC-3562604) filed by Robert Byron. Assigned to Judge David Barlow (Egan, Austin)
April 30, 2020 Filing 1 Case has been indexed and assigned to Judge David Barlow. Plaintiff Robert Byron 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. (kn)

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Defendant: Lori McDonald
Represented By: Rachel G. Terry
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Defendant: Ruth Wakins
Represented By: Rachel G. Terry
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Defendant: University of Utah
Represented By: Rachel G. Terry
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Defendant: Ruth Watkins
Represented By: Rachel G. Terry
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Plaintiff: Robert Byron
Represented By: Austin B. Egan
Represented By: Andrew W. Stavros
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