McClure et al v. Saunders et al
| Mark McClure and Holly McClure |
| Kara Hendrickson, Wendy Crossland, Chris Cherniak, Richard Bullough, Sydnee Dickson, Park City School District, Park City School District Board, Andrew Caplan, Summit County Board of Health, Anne Peters, Jill Gildea, Erin Grady and Richard Saunders |
| 2:2021cv00148 |
| March 10, 2021 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.
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Filing 47
DOCKET TEXT ORDER granting #46 Motion to Dismiss with Prejudice. All parties to bear their own costs and fees. Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 4/22/21. No attached document. (dla)
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| Filing 46 Stipulated MOTION to Dismiss With Prejudice filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Text of Proposed Order for Dismissal)(Neilson, Darren) |
| Filing 45 NOTICE of Appearance by Ryan P. C. Stack on behalf of Richard Bullough, Chris Cherniak, Summit County Board of Health (Stack, Ryan) |
| Filing 44 NOTICE of Acceptance of Service by Richard Bullough, Chris Cherniak, Summit County Board of Health Margaret Olson (Olson, Margaret) |
| Filing 43 Stipulated RESPONSE to Motion re #36 Stipulated MOTION to Stay the Case filed by Defendants Richard Bullough, Chris Cherniak, Summit County Board of Health. (Olson, Margaret) |
| Filing 42 NOTICE of Appearance by Margaret H. Olson on behalf of Richard Bullough, Chris Cherniak, Summit County Board of Health (Olson, Margaret) |
| Filing 41 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Summit County Board of Health. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 40 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Chris Cherniak. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 39 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Bullough. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
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Filing 38
ORDER granting #36 Stipulated Motion to Stay indefinitely. Signed by Judge Howard C. Nielson, Jr., on 3/30/2021. (ds)
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Filing 37
DOCKET TEXT 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. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr on 3/30/21. (dla)
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| Filing 36 Stipulated MOTION to Stay filed by Defendant Richard Saunders. (Attachments: #1 Exhibit A - S.B. 107, #2 Exhibit B - State Public Health Order 2021-9, #3 Text of Proposed Order)(Dymek, Andrew) |
| Filing 35 Case Reassigned to District Judge per Docket Text Order 34 . Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (alf) |
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Filing 34
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a Magistrate Judge. In light of #3 Plaintiffs' Motion for Preliminary Injunction, the court orders this case to be reassigned to a District Court Judge through the random reassignment process. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 3/24/2021. (cvm)
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Filing 33
ORDER granting #30 Motion for Extension of Time. IT IS HEREBY ORDERED that the deadline to respond to the Motion for Preliminary Injunction is hereby extended from March 26, 2021 to March 31, 2021 and the deadline to answer, move, or otherwise respond to the Complaint is hereby extended from April 2, 2021 to April 23, 2021. Signed by Magistrate Judge Cecilia M. Romero on 3/24/21. (alf)
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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 Cecilia M. Romero on 3/24/21. (alf)
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| Filing 31 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Holly McClure, Mark McClure as to All Defendants. (Mark, Brandon) |
| ANSWER DEADLINE UPDATED for Andrew Caplan, Chris Cherniak, Wendy Crossland, Sydnee Dickson, Jill Gildea, Erin Grady, Kara Hendrickson, Park City School District, Park City School District Board, Anne Peters,Richard Saunders answer due 4/23/2021 per order #33 . (alf) |
| Filing 30 Stipulated MOTION for Extension of Time Stipulated Motion to Extend Deadlines filed by Defendants Andrew Caplan, Wendy Crossland, Jill Gildea, Erin Grady, Kara Hendrickson, Park City School District, Park City School District Board, Anne Peters. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion to Extend Deadlines)(Andrews, Joan) |
| Filing 29 NOTICE of Appearance by Darren B. Neilson on behalf of Holly McClure, Mark McClure (Neilson, Darren) |
| Filing 28 NOTICE of Appearance by Michelle Beus on behalf of Sydnee Dickson (Beus, Michelle) |
| Filing 27 NOTICE of Appearance by J. Bryan Quesenberry on behalf of Sydnee Dickson (Quesenberry, J.) |
| Filing 26 NOTICE of Appearance by Andrew Dymek on behalf of Richard Saunders (Dymek, Andrew) |
| Filing 25 NOTICE of Appearance by David N. Wolf on behalf of Richard Saunders (Wolf, David) |
| Filing 24 NOTICE of Appearance by Tanner J. Bean on behalf of Andrew Caplan, Wendy Crossland, Jill Gildea, Erin Grady, Kara Hendrickson, Park City School District, Park City School District Board, Anne Peters (Bean, Tanner) |
| Filing 23 NOTICE of Appearance by Artemis D. Vamianakis on behalf of Andrew Caplan, Wendy Crossland, Jill Gildea, Erin Grady, Kara Hendrickson, Park City School District, Park City School District Board, Anne Peters (Vamianakis, Artemis) |
| Filing 22 NOTICE of Appearance by Joan M. Andrews on behalf of Andrew Caplan, Wendy Crossland, Jill Gildea, Erin Grady, Kara Hendrickson, Park City School District, Park City School District Board, Anne Peters (Andrews, Joan) |
| Filing 21 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Wendy Crossland. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 20 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Park City School District. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 19 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Kara Hendrickson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 18 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Erin Grady. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 17 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Jill Gildea. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Anne Peters. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 15 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Andrew Caplan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 14 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Park City School District Board. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) |
| Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Summit County Board of Health. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Bullough. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Chris Cherniak. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Health c/o Sean Reyes, Utah Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah State School Board of Education, c/o Sean Reyes, Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Sydnee Dickson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Saunders. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 6 AFFIDAVIT/DECLARATION of Dr. Kevin McKernan in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-Biography of Kevin McKernan, #2 Exhibit 2-CV of Kevin McKernan, #3 Exhibit 3-Borger Article, #4 Exhibit 4-Liotti Article, #5 Exhibit 5-Jefferson Article, #6 Exhibit 6-Borry Article, #7 Exhibit 7-CDC Covid-19 Pandemic Planning Scenarios, #8 Exhibit Index of Exhibits)(Mark, Brandon) |
| Filing 5 AFFIDAVIT/DECLARATION of Holly A. McClure in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-Email from Caleb Fine, Jan 12, 2021, #2 Exhibit 2-Email from PCSD, Jan 12, 2021, #3 Exhibit 3-Email from TMJH, Jan 13, 2021, #4 Exhibit 4-Email from PCHS, Jan 15, 2021, #5 Exhibit 5-Email from TMJH, Jan 15, 2021, #6 Exhibit 6-Email from TMJH, Jan 20, 2021, #7 Exhibit 7-Email from PCHS, Jan 22, 2021, #8 Exhibit 8-Email from TMJH, Jan 22, 2021, #9 Exhibit 9-Email from PCHS, Feb 5, 2021, #10 Exhibit 10-Index to Exhibits)(Mark, Brandon) |
| Filing 4 AFFIDAVIT/DECLARATION of Dr. Matthew Pettengill in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-CV of Matthew Pettengill PhD, #2 Exhibit 2-Pettengill-McAdam Paper, #3 Exhibit 3-BinaxNOW Performance and Implementation Manuscript, #4 Exhibit 4-Perchetti Paper, #5 Exhibit 5-Folgueira Manuscript, #6 Exhibit 6-Index of Exhibits)(Mark, Brandon) |
| Filing 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit A-UPHO 2021-7 Updated Statewide COVID-19 Restrictions, #2 Exhibit B-COVID-19 School Manual)(Mark, Brandon) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-3949082) filed by Holly McClure, Mark McClure. (Attachments: #1 Exhibit A-School Covid Testing Registration Form, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Cecilia M. Romero (Mark, Brandon) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiffs Holly McClure, Mark McClure is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) |
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