Gordon et al v. Herriman City et al
| Brent Gordon, Dustin Cutrer, Jennifer Cutrer, Chris Barnes, Jeremy Weller, John Wolfe, Michael Earl, Deborah Earl, Curtis Gehrke, Kim Gehrke, Ben Edstrom, Zachary Griffith, Rachelle Griffith, Harry Leibovich, Sarah Cantwell, Nicholas Cantwell and John Maynard |
| Herriman City, Jo Darton, Nathan Cherpeski, Wendy Thomas, Jared Henderson, Teddy Hodges, Sherrie Ohrn and Steven Shields |
| 2:2022cv00273 |
| April 20, 2022 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Dustin B Pead |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas. (Attachments: #1 Exhibit A - Ordinance No. 2022-20)(Brown, Kenneth) |
| Filing 25 REPLY to Response to Motion re #15 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Chris Barnes, Nicholas Cantwell, Sarah Cantwell, Dustin Cutrer, Jennifer Cutrer, Deborah Earl, Michael Earl, Ben Edstrom, Curtis Gehrke, Kim Gehrke, Brent Gordon, Rachelle Griffith, Zachary Griffith, Harry Leibovich, John Maynard, Jeremy Weller, John Wolfe. (Gordon, Brent) |
| Filing 24 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Status Conference held on 5/27/2022. All parties appearing via video conference. Court posed questions to counsel. Defendant to file a Motion for Judgment on the Pleadings by June 16th; Response due June 30th; Reply due July 20th. Court set a tentative zoom hearing date of August 16th at 11:00 am. Attorney for Plaintiff: Brent Gordon, Attorney for Defendant: Stewart Peay. Court Reporter: Teena Green. (Time Start: 11:00, Time End: 12:00, Room: zoom video.)(mlp) |
Filing 23
SCHEDULING ORDER: Amended Pleadings due by 11/1/2022. Joinder of Parties due by 11/1/2022. Expert Discovery due by 3/22/2023. Dispositive or Potentially Dispositive Motions due by 5/15/2023. Signed by Magistrate Judge Jared C. Bennett on 5/19/22. (dla)
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| Filing 22 Defendant's MEMORANDUM in Opposition re #15 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas. (Attachments: #1 Exhibit A - Herriman, Utah Ordinance No. 2022-20, #2 Exhibit B - Amended Verified Complaint)(Brown, Kenneth) |
| Filing 21 NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 5/27/2022 at 11:00 AM in US District Court-SLCU via video conference before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 20 Notice VACATING Status Conference set for 5/24/2022 before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp) |
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Filing 19
DOCKET TEXT ORDER TO COMPLY with paragraph 2(a) of #7 ORDER TO PROPOSE SCHEDULE. Within 7 days of the date of this order, Plaintiff shall email a stipulated proposed scheduling order in word processing format to Magistrate Judge Bennett at utdecf_bennett@utd.uscourts.gov. The form for the court's proposed scheduling order can be found at https://www.utd.uscourts.gov/Proposed%20Scheduling%20Order.docx. Signed by Magistrate Judge Jared C. Bennett on 05/10/2022. (docket text order; no attached document) (aja)
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| Filing 18 REPORT OF ATTORNEY PLANNING MEETING. (Gordon, Brent) |
| Filing 17 ANSWER to Complaint (First Amended) filed by Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas.(Brown, Kenneth) |
| Filing 16 NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference to discuss logistics of the case set for 5/24/2022 at 03:00 PM in US District Court via zoom before Judge Howard C. Nielson, Jr.Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
| Filing 15 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Chris Barnes, Nicholas Cantwell, Sarah Cantwell, Dustin Cutrer, Jennifer Cutrer, Deborah Earl, Michael Earl, Ben Edstrom, Curtis Gehrke, Kim Gehrke, Brent Gordon, Rachelle Griffith, Zachary Griffith, Harry Leibovich, John Maynard, Jeremy Weller, John Wolfe. (Attachments: #1 Exhibit A - Amended Conditional Use Standards, #2 Exhibit B - Herriman Firebreak Trail Map, #3 Exhibit C - Planning Commission Agenda, #4 Exhibit D - Proposed Change to Permit Trails, #5 Exhibit E - Topographical Map, #6 Exhibit G - Amended Complaint)(Gordon, Brent) |
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Filing 14
DOCKET TEXT 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 Howard C. Nielson, Jr on 4/28/22. (dla)
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| Filing 13 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 Howard C. Nielson, Jr. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) |
| Filing 12 RECEIVED Consent/Reassignment Form from All Plaintiffs.(alf) |
| Filing 11 NOTICE of CERTIFICATE of Removal by Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas re #2 Notice of Removal, (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Amended Verified Complaint, #3 Exhibit C - Motion for Temporary Restraining Order and Memorandum in Support, #4 Exhibit D - Acceptance of Service, #5 Exhibit E - Notice of State Court Removal) (Brown, Kenneth) |
| Filing 10 RECEIVED Consent/Reassignment Form from Defendants Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas. (mh) |
| Filing 9 Modification of Docket re 8 Notice of Assignment to a United States Magistrate Judge and Consent/Request for Reassignment. Error: the consent/request for reassignment form should have not have been filed on the docket, only sent to the Consent Clerk. Correction: the document image was removed and the entry modified to show that removal. (jwt) |
| Filing 8 NOTICE of Assignment to a United States Magistrate Judge and Consent/Request for Reassignment by Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas (Brown, Kenneth) Modified on 4/22/2022 - document image was removed; form is not to be filed on the docket. (jwt). |
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Filing 7
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a discovery schedule to defendant(s) 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 04/21/2022. (jl)
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Filing 6
DOCKET TEXT ORDER. Pursuant to 28 U.S.C. 1446(a) and Local Rule of Practice DUCivR 81-2, the removing party must certify that a copy of all process, pleadings, and orders served or entered in the state court action have been filed in this case. The certification must be filed by May 2, 2022. Signed by Magistrate Judge Dustin B. Pead on 04/21/2022. (amn)
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| Filing 5 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 Chris Barnes, Nicholas Cantwell, Sarah Cantwell, Dustin Cutrer, Jennifer Cutrer, Deborah Earl, Michael Earl, Ben Edstrom, Curtis Gehrke, Kim Gehrke, Brent Gordon, Rachelle Griffith, Zachary Griffith, Harry Leibovich, John Maynard, Jeremy Weller, John Wolfe, Defendants Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas. Form due by 5/6/2022. (mh) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Chris Barnes, Nicholas Cantwell, Sarah Cantwell, Dustin Cutrer, Jennifer Cutrer, Deborah Earl, Michael Earl, Ben Edstrom, Curtis Gehrke, Kim Gehrke, Brent Gordon, Rachelle Griffith, Zachary Griffith, Harry Leibovich, John Maynard, Jeremy Weller, John Wolfe, Defendants Nathan Cherpeski, Jo Darton, Jared Henderson, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas. (mh) |
| Filing 3 EXHIBITS filed by Herriman City re #2 Notice of Removal,. (Brown, Kenneth) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 220901999, (Filing fee $ 402, receipt number AUTDC-4312202) filed by Herriman City. (Attachments: #1 Civil Cover Sheet Federal Court Cover Sheet, #2 Exhibit A - Amended Complaint, #3 Exhibit B - Acceptance of Service) Assigned to Magistrate Judge Dustin B. Pead (Brown, Kenneth) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendants Nathan Cherpeski, Jo Darton, Herriman City, Teddy Hodges, Sherrie Ohrn, Steven Shields, Wendy Thomas are directed to E-File the Notice of Removal 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. (mh) |
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