Barton et al v. Farillas et al
| Golda Barton and Michael Cameron |
| FNU Farias, Salt Lake City Corporation, Mike Brown, Matthew Farilla and Matthew Farillas |
| 2:2020cv00832 |
| November 23, 2020 |
| US District Court for the District of Utah |
| 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 September 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 54 NOTICE VACATING Motion Hearing HEARING set for 10/13/2022 at 1:30 p.m. before Judge Robert J. Shelby (Notice generated by Mary Jane McNamee) (mjm) |
Filing 53
ORDER granting #52 Stipulated Motion to Dismiss with Prejudice. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Robert J. Shelby on 9/20/22. (dla)
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| Filing 52 Stipulated MOTION to Dismiss with Prejudice filed by Defendants Mike Brown, Matthew Farillas, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order)(Mull, David) |
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Filing 51
ORDER granting #34 Defendants' Motion to Seal Certain Exhibits to Defendants' Motion to Dismiss. Signed by Judge Robert J. Shelby on 5/18/22. (dla)
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| Filing 50 NOTICE OF IN PERSON HEARING ON MOTION re: #32 MOTION to Stay, #31 MOTION to Dismiss, #29 MOTION to Dismiss : (Notice generated by Mary Jane McNamee)IN PERSON Motion Hearing set for 10/13/2022 at 01:30 PM in Rm 3.100 before Judge Robert J. Shelby. (mjm) |
| Filing 49 Defendant's REPLY to Response to Motion re #29 MOTION to Dismiss filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Mull, David) |
| Filing 48 Defendant's REPLY to Response to Motion re #32 MOTION to Stay filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Mull, David) |
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Filing 47
ORDER granting #46 Motion for Leave to File Overlength Reply Memorandum in Support of Plaintiff's Motion to Dismiss filed by Defendants Officer Matthew Farillas, Chief Mike Brown, and Salt Lake City Corporation. Signed by Judge Robert J. Shelby on 5/13/22. (dla)
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| Filing 46 Defendant's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion for Overlength Reply Memorandum in Support of Motion to Dismiss) Motions referred to Jared C. Bennett.(Mull, David) |
| Filing 45 Plaintiff's MEMORANDUM in Opposition re #32 MOTION to Stay filed by Plaintiff Golda Barton. (Morris, Nathan) |
| Filing 44 Plaintiff's RESPONSE to Motion re #31 MOTION to Dismiss filed by Plaintiff Golda Barton. (Morris, Nathan) |
| Filing 43 Plaintiff's MEMORANDUM in Opposition re #29 MOTION to Dismiss filed by Plaintiff Golda Barton. (Attachments: #1 Exhibit A Officer Bennett Still Frames)(Morris, Nathan) |
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Filing 42
ORDER granting #40 Plaintiffs' Motion for Leave to File an Overlength Opposition Brief in response to Defendants' Motion to Dismiss. Signed by Judge Robert J. Shelby on 4/22/22. (dla)
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| Filing 41 Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #40 MOTION for Leave to File Excess Pages filed by Plaintiff Golda Barton. Chief District Judge Robert J. Shelby will handle the motion. (jcd) |
| Filing 40 MOTION for Leave to File Excess Pages filed by Plaintiff Golda Barton. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Morris, Nathan) |
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Filing 39
ORDER granting #38 Stipulated Motion to Extend Deadline to File Memorandums in Opposition to Defendants' Motions. Signed by Magistrate Judge Jared C. Bennett on 3/24/22. (dla)
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| Filing 38 Stipulated MOTION for Extension of Time Plaintiffs' Responses to Defendants' Motions filed by Plaintiff Michael Cameron. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Gooch, Jeffrey) |
| Filing 37 Motions No Longer Referred to Magistrate Judge Jared C. Bennett: #32 MOTION to Stay, #34 MOTION to Seal Certain Exhibits to #31 MOTION to Dismiss. The motions will be handled by Chief District Judge Robert J. Shelby. (jcd) |
| Filing 36 EXHIBIT #6 to #31 MOTION to Dismiss filed by Mike Brown, Matthew Farilla, Salt Lake City Corporation. (NOTE: exhibit was received on the disk filed containing exhibits 1-5 re #33 Notice of Conventional Filing.) (Attachments: #1 Exhibit #6 Still Photos of Body Cam Video)(jwt) |
| Filing 35 **SEALED DOCUMENT** Exhibits 1-5 re #31 MOTION to Dismiss, #33 Notice of Conventional Filing, filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. Exhibits are sealed PER pending #51 ruling on ECF No. #34 Motion to Seal. (NOTE: The exhibits were submitted on a DVD disk. The disk's content was not entered on the docket due to file type (audio/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) Modified by editing docket text on 5/19/2022 (dla). |
| Filing 30 Modification of Docket: Error: Incorrect filing date entered. Correction: Filing date changed to correct date of 3/11/2022 re #29 MOTION to Dismiss. (dla) |
| Filing 34 MOTION to Seal Certain Exhibits to #31 Defendants' Motion to Dismiss filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. Motions referred to Jared C. Bennett. (dla) |
| Filing 33 NOTICE OF CONVENTIONAL FILING filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation of Exhibits to #31 Motion to Dismiss consisting of body-camera footage, and audio/video files, which cannot be submitted electronically due to the size of the files. (dla) |
| Filing 32 MOTION to Stay filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Attachments: #1 Exhibit 1) Motions referred to Jared C. Bennett. (dla) Modified by correcting filing date on 3/14/2022 (dla). |
| Filing 31 MOTION to Dismiss Official Capacity Claims Against Chief Mike Brown filed by Defendant Mike Brown. (dla) |
| Filing 29 MOTION to Dismiss filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (dla) Modified by correcting filing date on 3/14/2022 (dla). |
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Filing 28
DOCKET TEXT ORDER. IT IS HEREBY ORDERED: Defendants shall file their pleading in response to Plaintiffs' complaint on or before 03/11/2022. If Defendants move to dismiss Plaintiffs' complaint, Plaintiffs' response to that motion shall be filed on or before 04/26/2022, and Defendants' reply shall be filed on or before 05/17/2022. Signed by Magistrate Judge Jared C. Bennett on 02/23/2022. (docket text order; no attached document) (jcd)
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| Filing 27 Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Status Conference held on 2/23/2022. All parties appeared by ZOOM.The court hears from counsel. The court sets a briefing schedule. Order to follow. Attorney for Plaintiff: Kevin K. Robson, Jeff Gooch and Zach Weyher, Attorney for Defendant: David Mull. Court Reporter: ZOOM 7.100.(ksm) |
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Filing 26
AMENDED ORDER SETTING HEARING OR TRIAL Status Conference set for 2/23/2022 at 01:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett.ZOOM Instructions will be sent to all parties prior to the hearing. The general public is to notify Judge Bennett's chambers by email, kirsten_mumford@utd.uscourts.gov, at least 24 hours in advance of hearing if they wish to attend ZOOM hearing. Signed by Magistrate Judge Jared C. Bennett on 2/22/22. (ksm)
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| Filing 25 RESPONSE to Motion re #22 Plaintiff's MOTION for Initial Scheduling Conference filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order)(Mull, David) |
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Filing 24
DOCKET TEXT ORDER granting #22 Plaintiffs' MOTION for Initial Scheduling Conference. Scheduling conference has been scheduled for 02/23/2022 at 1:00 p.m. before Magistrate Judge Jared C. Bennett (ECF No. 23). Signed by Magistrate Judge Jared C. Bennett on 02/16/2022. (docket text order; no attached document) (jcd)
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Filing 23
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference set for 2/23/2022 at 01:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett.ZOOM Instructions will be sent to all parties prior to the hearing. The general public is to notify Judge Bennett's chambers by email, kirsten_mumford@utd.uscourts.gov, at least 24 hours in advance of hearing if they wish to attend ZOOM hearing. Signed by Magistrate Judge Jared C. Bennett on 2/16/22. (ksm)
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| Filing 22 Plaintiff's MOTION for Initial Scheduling Conference filed by Plaintiff Golda Barton. (Attachments: #1 Exhibit A Plaintiff's Proposed Scheduling Order) Motions referred to Jared C. Bennett.(Morris, Nathan) |
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Filing 21
ORDER granting #20 Stipulated Motion to Extend Stay. Signed by Magistrate Judge Jared C. Bennett on 11/17/21. (dla)
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| Filing 20 Stipulated MOTION to Stay re #12 Order on Motion to Stay, Extension of Existing Stay filed by Plaintiff Golda Barton. (Attachments: #1 Exhibit Proposed Order Granting Stipulated Motion) Motions referred to Jared C. Bennett.(Morris, Nathan) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett 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 9/30/2021. (mjm)
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| Filing 18 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) |
| Filing 17 RECEIVED Consent/Reassignment Form from Plaintiffs Golda Barton, Michael Cameron. (alf) |
| Filing 16 RECEIVED Consent/Reassignment Form from Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (alf) |
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Filing 15
DOCKET TEXT ORDER Re #14 Order to Propose Schedule. Compliance with this order is not required until the #12 stay is lifted. No attached document Signed by Magistrate Judge Dustin B. Pead on 8/5/21. (mjw)
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Filing 14
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 8/4/21. (alf)
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| Filing 13 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Golda Barton, Michael Cameron, Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. Form due by 8/18/2021. (alf) |
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Filing 12
ORDER granting #11 Stipulated Motion to Stay until Friday, November 12, 2021. working towards settlement. Unless the parties stipulate otherwise, no responsive pleading will be required from the defendants until that date. Signed by Magistrate Judge Dustin B. Pead on 07/13/2021. (jl)
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| Filing 11 Stipulated MOTION to Stay and Memorandum in Support filed by Defendants Mike Brown, Matthew Farilla, Salt Lake City Corporation. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Stay) Attorney David F. Mull added to party Mike Brown(pty:dft), Attorney David F. Mull added to party Matthew Farilla(pty:dft), Attorney David F. Mull added to party Salt Lake City Corporation(pty:dft)(Mull, David) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re #9 Order to Show Cause, filed by Golda Barton. (Morris, Nathan) |
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Filing 9
ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 10 days from the date of this order why the above captioned case should not be dismissed for failure to prosecute. Failure to do so will result in dismissal of the case. Signed by Magistrate Judge Dustin B. Pead on 4/13/21. (alf)
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| Filing 8 NOTICE of Appearance by Kevin K. Robson on behalf of Michael Cameron (Robson, Kevin) |
| Filing 7 NOTICE of Appearance by Jeffrey D. Gooch on behalf of Michael Cameron (Gooch, Jeffrey) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Golda Barton as to Matthew Farilla Waiver sent on 12/23/2020, answer due 2/22/2021. (Morris, Nathan) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Golda Barton as to Salt Lake City Corporation Waiver sent on 12/23/2020, answer due 2/22/2021. (Morris, Nathan) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Golda Barton as to Mike Brown Waiver sent on 12/23/2020, answer due 2/22/2021. (Morris, Nathan) |
| Filing 3 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Golda Barton. (Morris, Nathan) |
| Filing 2 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400, receipt number AUTDC-3808076 ) filed by Golda Barton. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Morris, Nathan) Modified on 11/24/2020 to correct receipt number (dw). |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff Golda Barton 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. (dw) Modified on 11/24/2020 to correct party filing complaint (dw). |
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