Phillips et al v. United States Army Corps of Engineers et al
| Merlin Scott Phillips, S&V Phillips Development and Vickie Phillips |
| United States Army Corps of Engineers, Scott Spellmon and James Handura |
| 2:2021cv00355 |
| June 8, 2021 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Ted Stewart |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER granting #35 Motion for Extension of Time. The defendants shall respond to the complaint no later than Thursday, September 23,2021. Signed by Magistrate Judge Dustin B. Pead on 8/1/2021. (reb)
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Filing 35
MOTION for Extension of Time to Respond to Complaint filed by Defendants James Handura, Scott Spellmon, United States Army Corps of Engineers. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Carlisle, Benjamin)
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Filing 34
ORDER denying #8 Motion for Preliminary Injunction. Signed by Judge Ted Stewart on 07/15/2021. (jl)
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Filing 33
REPLY to Response to Motion re #8 Emergency MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. (Attachments: #1 Exhibit USACE Payson City Letter, #2 Exhibit Report of Potential Unauthorized Activity)(Zody, Michael)
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Filing 32
MEMORANDUM in Opposition re #8 Emergency MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants James Handura, Scott Spellmon, United States Army Corps of Engineers. (Attachments: #1 Exhibit A (June 10, 2020, Memorandum for Record), #2 Exhibit B (Dec. 27, 2019, Memorandum for Record), #3 Exhibit C (Nov. 23, 2020, Memorandum for Record))(Carlisle, Benjamin)
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Filing 31
NOTICE of Appearance by Benjamin Carlisle on behalf of James Handura, Scott Spellmon, United States Army Corps of Engineers (Carlisle, Benjamin)
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Filing 30
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. United States Attorney's Office - District of Utah for Scott Spellman served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 29
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. Scott Spellmon served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 28
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. Attorney General of the United States for Scott Spellmon served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 27
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. United States Attorney's Office, District of Utah for James Handura served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 26
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. James Handura served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 25
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. Attorney General of the United States for James Handura served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying which party summons served on on 6/14/2021 (jl).
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Filing 24
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. United States Army Corps of Engineers served on 6/10/2021, answer due 8/9/2021 (Zody, Michael) Modified by clarifying the party summons served on on 6/14/2021 (jl).
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Filing 23
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. United States Attorney's Office, District of Utah for United States Army Corps of Engineers served on 6/10/2021, answer due 8/9/2021 (Zody, Michael) Modified by clarifying party summons served on on 6/14/2021 (jl).
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Filing 22
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. Attorney General of the United States for the United States Army Corps of Engineers served on 6/10/2021, answer due 8/9/2021. (Zody, Michael) Modified by clarifying party summons served on on 6/14/2021 (jl).
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Filing 21
CERTIFICATE OF SERVICE by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development re #9 Exhibits,, #8 Emergency MOTION for Preliminary Injunction and Memorandum in Support (Zody, Michael)
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Filing 20
NOTICE of Appearance by Lawrence A Kogan on behalf of Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development (Kogan, Lawrence)
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Filing 19
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States Attorney's Office, District of Utah for the United States Army Corps of Engineers. 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) Modified by correcting docket text on 6/10/2021 (nmt).
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Filing 18
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States Attorney's Office - District of Utah for Scott Spellmon. 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) Modified by correcting docket text on 6/10/2021 (nmt).
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Filing 17
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States Army Corps of Engineers. 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 16
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Attorney General of the United States for Scott Spellmon. 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) Modified by correcting docket text on 6/10/2021 (nmt).
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Filing 15
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Scott Spellmon. 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)
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Filing 14
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Attorney General of the United States for the United States Army Corps of Engineers. 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) Modified by correcting docket text on 6/10/2021 (nmt).
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Filing 13
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States Attorney's Office, District of Utah for James Handura. 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) Modified by correcting docket text 6/10/2021 (nmt).
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Filing 12
**RESTRICTED DOCUMENT**Summons Issued Electronically as to James Handura. 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 11
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Attorney General of the United States for James Handura. 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) Modified by correcting docket text on 6/10/2021 (nmt).
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Filing 10
ORDER re #8 Emergency MOTION for Preliminary Injunction and Memorandum in Support filed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. Signed by Judge Ted Stewart on 6/9/2021. (reb)
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Filing 9
EXHIBITS filed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development re #8 Emergency MOTION for Preliminary Injunction and Memorandum in Support . (Attachments: #1 Exhibit (Exhibit 4-Part 2) Plaintiffs' Request for Appeal, #2 Exhibit (Exhibit 4-Part 3) Plaintiffs' Request for Appeal, #3 Exhibit (Exhibit 4-Part 4) Plaintiffs' Request for Appeal, #4 Exhibit (Exhibit 5) Defendant Corps South Pacific Division Response, #5 Exhibit (Exhibit 6) Defendant Corps AJD Withdrawal Ltr., Investigation Ltr., and Revised Investigation Ltr., #6 Exhibit (Exhibit 7) Phillips Declaration, #7 Exhibit (Exhibit 8) Email Exchange Between Defendant and Plaintiffs' Counsel)(Zody, Michael)
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Filing 8
Emergency MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. (Attachments: #1 Exhibit (Exhibit 1-Part 1) Kagel Declaration and Exhibits, #2 Exhibit (Exhibit 1-Part 2) Kagel Declaration, #3 Exhibit (Exhibit 2) 07/16/20 AJD and 02/21/21 Final Reconsidered AJD, #4 Exhibit (Exhibit 3-Part 1) Plaintiffs' Request for Reconsideration, #5 Exhibit (Exhibit 3-Part 2) Plaintiffs' Request for Reconsideration, #6 Exhibit (Exhibit 3-Part 3) Plaintiffs' Request for Reconsideration)(Zody, Michael)
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Filing 7
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(21) 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 6/8/2021. (reb)
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Filing 6
ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Lawrence A Kogan for Merlin Scott Phillips,Lawrence A Kogan for Vickie Phillips,Lawrence A Kogan for S&V Phillips Development.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 6/8/2021. (reb)
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Filing 5
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 Ted Stewart on 6/8/2021. (tlc)
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Filing 4
MOTION for Admission Pro Hac Vice of Lawrence A. Kogan , Registration fee $ 250, receipt number AUTDC-4026593,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Prosed Order Granting/Denying Pro Hac Vice Admission)(Zody, Michael)
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Filing 3
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Lawrence A. Kogan, for Plaintiffs Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. (mh)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4026346) filed by Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Ted Stewart (Zody, Michael)
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Filing 1
Case has been indexed and assigned to Judge Ted Stewart. Plaintiffs Merlin Scott Phillips, Vickie Phillips, S&V Phillips Development are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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. (mh)
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