Yarbrough v. Tooele County Detention Center et al
| Aaron A. Yarborough |
| Tooele County Detention Center, David Nuffer, United States Attorney's Office and Vernon Stejskal |
| 2:2023cv00076 |
| January 31, 2023 |
| U.S. District Court for the District of Utah |
| Central Office |
| Jared C Bennett |
| Scott W Skavdahl |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 34
Scheduling ORDER. 1 - Counsel for Plaintiff must be admitted pro hac vice or otherwise properly enter an appearance by no later than 4/14/23. 2 - The Court will allow supplemental briefing re #5 MOTION to dismiss, and #8 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction. Pla's supplemental responses are due by no later than 4/14/23. Dfts' supplemental replies are due by no later than 4/28/23. 3 - Plaintiff is to complete service of process on any Dft not yet served on or before 4/24/23. Failure to do so may result in dismissal against that Dft(s). Signed by Judge Scott W. Skavdahl on 3/24/23 (alt)
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| Filing 33 Minute Entry for proceedings held before Judge Scott W. Skavdahl: Status Conference held on 3/24/2023. The Court inquired as to the status of Mr. Beason's pro hac vice admission to the District of Utah. The deadline for Mr. Beason to be admitted pro hac vice is 4/14/2023.The Court confirmed with Mr. Beason that Defendant Tooele County Detention Center has not yet been served. The Court ordered that service of process on Defendant Tooele County Detention Center shall be made on or before 4/24/23. Absent good cause, if service is not made by 4/24/23, the Court may dismiss the claims against that defendant.Plaintiff is required to file any supplemental briefing in response to the motion to dismiss on or before 4/14/23; any reply by the Defendants is due on or before 4/28/23. The Court will consider the matter on the briefs and will not set the matter for oral argument. Attorney for Plaintiff: John Beason, Attorney for Defendant: Amanda Berndt. Court Reporter: Megan Strawn.(jwt) |
| Filing 32 CERTIFICATE OF SERVICE by David Nuffer, Vernon Stejskal, United States Attorney's Office re #31 Notice of Appearance, #29 Notice of Appearance (Berndt, Amanda) |
| Filing 31 NOTICE of Appearance by Anne E. Rice on behalf of David Nuffer, Vernon Stejskal, United States Attorney's Office (Rice, Anne) |
| Filing 30 NOTICE OF HEARING: Telephone Conference set for 3/24/2023 at 09:00 AM in Judges Chambers before Judge Scott W. Skavdahl. All parties shall appear by telephone through the Court's conference call system. Guests call: 307-735-3644 and enter Meeting ID 925 745 005 when prompted. (jwt) |
| Filing 29 NOTICE of Appearance by Amanda A. Berndt on behalf of David Nuffer, Vernon Stejskal, United States Attorney's Office (Berndt, Amanda) |
| Filing 28 DESIGNATION OF A DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE TENTH CIRCUIT. Case reassigned to District Judge Scott W. Skavdahl of the District of Wyoming to hold court in the U.S. District Court for the District of Utah for all further proceedings. Magistrate Judge Daphne A. Oberg no longer assigned to case.Case number will now read 2:23-CV-00076-SWS. Please make changes to document captions accordingly. Signed by Chief Judge of USCA for the 10th Circuit Jerome A. Holmes on 3/14/2023. (nl) |
| Filing 27 DOCUMENT LODGED consisting of document received from out-of-state atty who has not applied to be admitted to appear pro hac vice in this court per DUCivR 83-1.1(c)(2). Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Envelope) (alt) |
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Filing 26
ORDER TO SHOW CAUSE- Plaintiff is directed to file a notice of appearance or otherwise respond in writing within fourteen days of this order regarding the status of the case and Plaintiff's intentions to proceed. Failure to appear or otherwise respond may result in dismissal.The clerks office is directed to mail and email this order to counsel for all parties who appeared in the Western District of Michigan using the contact information listed on the docket sheet filed at docket number 20. (copy of order mailed to John Robert Beason III for plaintiff, Carolyn Almassian and Jeanne Long for defendants; also emailed to counsel on 3/3/2023 per order). Signed by Magistrate Judge Daphne A. Oberg on 3/2/2023. (alf) Modified on 3/3/2023 to add text regarding emailing order to counsel (alf).
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Filing 25
ORDER OF RECUSAL Magistrate Judge Dustin B. Pead recused. Case reassigned to Magistrate Judge Daphne A. Oberg for all further proceedings. Signed by Magistrate Judge Dustin B. Pead on 2/27/2023. (alf)
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Filing 24
ORDER OF RECUSAL Magistrate Judge Cecilia M. Romero recused. Case reassigned to Magistrate Judge Dustin B. Pead for all further proceedings. Signed by Magistrate Judge Cecilia M. Romero on 2/24/2023. (mh)
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Filing 23
ORDER OF RECUSAL Magistrate Judge Jared C. Bennett recused. Case reassigned to Magistrate Judge Cecilia M. Romero for all further proceedings. Signed by Magistrate Judge Jared C. Bennett on 2/24/2023. (mh)
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| Filing 22 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jeanne Frances Long and Carolyn Ann Almassian, for Defendants David Nuffer, Vernon Stejskal, United States Attorney's Office. (nl) |
| Filing 21 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John Robert Beason, III, for Plaintiff Aaron A. Yarborough. (nl) |
| Filing 20 Case transferred in from USDC of Michigan Western; Case Number 1:22-cv-00096. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:23-cv-00076-JCB, Assigned to Magistrate Judge Jared C. Bennett. |
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Filing 19
ORDER TRANSFERRING CASE to the District of Utah; signed by Magistrate Judge Ray Kent (fhw) [Transferred from Michigan Western on 1/31/2023.]
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| Filing 18 REPLY to response to motion #5 filed by Aaron A. Yarborough (Beason, John) Modified text on 7/11/2022 (eod) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 17 REPLY to response to motion #8 filed by Aaron A. Yarborough (Beason, John) Modified text on 7/11/2022 (eod) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 16 CERTIFICATE of compliance re word count for Reply to Response to Motion #15 filed by David Nuffer (Long, Jeanne) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 15 REPLY to response to motion #8 filed by David Nuffer (Long, Jeanne) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 14 CERTIFICATE of compliance re word count for Reply to Response to Motion, #13 filed by Vernon Stejskal, United States Attorney's Office (Almassian, Carolyn) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 13 REPLY to response to motion #5 to dismiss for failure to state a claim, lack of personal jurisdiction over these defendants, and subject matter jurisdiction filed by Vernon Stejskal, United States Attorney's Office (Almassian, Carolyn) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 12 RESPONSE TO MOTION to dismiss for failure to state a claim ,lack of personal jurisdiction over these defendants, and subject matter jurisdiction #5 Plaintiffs' Response and Request of Denial filed by Aaron A. Yarborough (Attachments: #1 Exhibit A, Misdemeanor Indictment, #2 Exhibit B, Motion to Set Trial, #3 Exhibit C, Order Denying Motion to Dismiss, #4 Exhibit D, Motion to Dismiss Abandoned Indictment) (Beason, John) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 11 RESPONSE TO MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction #8 Request for Order Denying Movant's Motion filed by Aaron A. Yarborough (Attachments: #1 Exhibit A, Misdemeanor Indictment, #2 Exhibit B, Order Denying Motion to Dismiss Abandoned Indictment, #3 Exhibit C, Yarbrough Motion to Dismiss Abandoned Indictment) (Beason, John) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 10 CERTIFICATE of compliance re word count for Brief in Support of a Motion #9 filed by David Nuffer (Long, Jeanne) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 9 BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction #8 filed by David Nuffer (Long, Jeanne) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 8 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction by defendant David Nuffer; (Long, Jeanne) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 7 CERTIFICATE of compliance re word count for Memorandum in Support of a Motion #6 filed by Vernon Stejskal, United States Attorney's Office (Almassian, Carolyn) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 6 MEMORANDUM in support of Motion to Dismiss/Failure to State a Claim #5 filed by Vernon Stejskal, United States Attorney's Office (Almassian, Carolyn) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 5 MOTION to dismiss for failure to state a claim ,lack of personal jurisdiction over these defendants, and subject matter jurisdiction by defendants Vernon Stejskal, United States Attorney's Office; (Almassian, Carolyn) [Transferred from Michigan Western on 1/31/2023.] |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Ray Kent; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) [Transferred from Michigan Western on 1/31/2023.]
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| Filing 3 SUMMONS ISSUED as to defendants David Nuffer, Vernon Stejskal, Tooele County Detention Center, United States Attorney's Office (eod) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 2 NOTICE that this case has been assigned Janet T. Neff (pjw) [Transferred from Michigan Western on 1/31/2023.] |
| FILING FEE PAID re #1 by plaintiff Aaron A. Yarborough in the amount of $402, receipt number AMIWDC-6656605 (Beason, John) [Transferred from Michigan Western on 1/31/2023.] |
| SUMMONS NOT ISSUED as to defendants David Nuffer, Vernon Stejskal, Tooele County Detention Center, United States Attorney's Office, Unknown Part(y)(ies) (fee due) (pjw) [Transferred from Michigan Western on 1/31/2023.] |
| Filing 1 COMPLAINT and request for damages against All Defendants filed by Aaron A Yarbrough (Attachments: #1 Administrative Process Documents Plaintiff's Initial Disclosures, #2 Summons Def. Tooele County Detention Center, #3 Summons Def. Judge David Nuffer Summons, #4 Summons Def. United States Attorney's Office Summons, #5 Summons Def. Vernon Stejskal Summons) (Beason, John) Modified text on 2/2/2022 (pjw) [Transferred from Michigan Western on 1/31/2023.] |
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