Franchek v. Park City Municipal Corporation et al
| Michael J. Franchek |
| Park City Municipal Corporation, James Rodrigues, Cameron Thor, Keltsey Ware and Craig Proctor |
| 2:2021cv00563 |
| September 27, 2021 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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Filing 20
DOCKET TEXT ORDER. Based on the information contained in the August 18, 2022 Status Update #19 , this case shall remain STAYED pending conclusion of the criminal case currently scheduled for November 3-4, 2022. After the criminal trial concludes, but no later than November 14, 2022, Defendants shall file a third report addressing the status of the criminal court action and the appropriateness of lifting the stay in this matter. Signed by Magistrate Judge Dustin B. Pead on 08/19/2022. (amn)
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| Filing 19 STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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Filing 18
DOCKET TEXT ORDER. Based on the information contained in Defendants' Status Update #17 , and the projected September 2022 trial date, the Court orders Defendants to file a second Status Update, regarding the status of the underlying criminal case, within sixty (60) days of this date, but no later than August 26, 2022. Signed by Magistrate Judge Dustin B. Pead on 06/24/2022.
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| Filing 17 STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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Filing 16
DOCKET TEXT ORDER. Upon review of Defendants' Status Report #15 and information establishing that a trial in the underlying state court criminal case (State v. Franchek, Case No. 201200399) is scheduled for May 20, 2022 [15-1],[15-2], the Court ORDERS that Plaintiff's claims in this action shall remain STAYED. Defendants to file a Status Report, no later than June 1, 2022, addressing the status of the criminal state court action and the appropriateness of lifting the stay at that time. Signed by Magistrate Judge Dustin B. Pead on 03/02/2022. (amn)
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| Filing 15 STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (Attachments: #1 Exhibit A. Court Docket, #2 Exhibit B. Minutes Suppression Hearing)(White, Heather) |
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Filing 14
ORDER and Ruling re #12 Motion to Dismiss or Stay. Pursuant to Younger v. Harris, Plaintiff's claims for equitable relief in the form of a court-ordered written apology and the unsealing of records pertaining to Officer James Rodrigues are DISMISSED; Since the state criminal proceedings have not terminated, Plaintiff's remaining claims for damages are premature. As a result, those claims are STAYED. Defendants to file a Status Report addressing the status of the underlying criminal state court action and the appropriateness of lifting the stay by March 1, 2022. Plaintiff lacks standing to bring claims on behalf of minor J.F. and any claims brought by Plaintiff on J.F.s behalf are DISMISSED. Signed by Magistrate Judge Dustin B. Pead on 12/29/2021. (jl)
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Filing 13
ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 10 days from the date of this order and provide both a response to the pending Motion to Dismiss or Stay #12 in addition to good cause as to why an opposition to the Motion was not timely filed. Signed by Magistrate Judge Dustin B. Pead on 12/16/21. (alf)
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| Filing 12 MOTION to Dismiss or Stay filed by Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (Attachments: #1 Exhibit Docket, #2 Exhibit Franchek Information, #3 Exhibit Franchek MPO, #4 Exhibit Franchek PO, #5 Exhibit Franchek MTD)(White, Heather) |
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Filing 11
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 10/21/21. (alf)
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| Filing 10 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiff Michael J. Franchek, Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (alf) |
| Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff Michael J. Franchek. (alf) |
| Filing 8 RECEIVED Consent/Reassignment Form from Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (alf) |
| Filing 7 NOTICE to Defendant - 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 7 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. Form due by 10/19/2021. (alf) |
| Filing 6 NOTICE of Appearance by Bryson Ray Brown on behalf of Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware (Brown, Bryson) |
| Filing 5 NOTICE of Appearance by Heather S. White on behalf of Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware (White, Heather) |
| Filing 4 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint Acknowledgment filed by Craig Proctor, Cameron Thor, James Rodrigues, Keltsey Ware.Craig Proctor served on 10/8/2021, answer due 10/29/2021; Cameron Thor served on 10/8/2021, answer due 10/29/2021; James Rodrigues served on 10/8/2021, answer due 10/29/2021; Keltsey Ware served on 10/8/2021, answer due 10/29/2021. (White, Heather) |
| Filing 3 NOTICE to Pro Se Plaintiff - 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 28 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Michael J. Franchek. Form due by 11/4/2021. (alf) |
| Filing 2 MOTION To Unseal Brady Giglio Records From 3rd District filed by Plaintiff Michael J. Franchek. (mh) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number 4681095985) filed by Michael J. Franchek. (Attachments: #1 Supplement Statement of Facts, #2 Civil Cover Sheet 1) Assigned to Magistrate Judge Dustin B. Pead (mh) |
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