Gillespie et al v. Utah Department of Corrections et al
Plaintiff: Brandy L Gillespie and Dicota Gillespie
Defendant: Utah Department of Corrections, Utah State Prison and Tony Washington
Not Classified By Court: Prisoner Litigation Unit
Case Number: 2:2023cv00221
Filed: April 6, 2023
Court: US District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Dustin B Pead
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal- Wrongful Death
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2023 Opinion or Order Filing 12 ORDER granting #11 Defendant's Unopposed Motion for Extension of Time to file an Answer to #10 Amended Complaint: Defendants shall file an Answer to Plaintiff's Complaint on or before June 20, 2023. Signed by Magistrate Judge Dustin B. Pead on 4/26/23. (dle)
April 26, 2023 Filing 11 Stipulated MOTION for Extension of Time to File Answer re #10 Amended Complaint filed by Defendants Utah Department of Corrections, Utah State Prison, Tony Washington. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Strand, Peter)
April 21, 2023 Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Dicota Gillespie, Brandy L Gillespie. (Caldwell, Wayne)
April 12, 2023 Filing 9 CERTIFICATE OF SERVICE by Utah Department of Corrections, Utah State Prison, Tony Washington re #2 Notice of Removal, (Strand, Peter)
April 12, 2023 Filing 8 WAIVER OF SERVICE Returned Executed filed by Tony Washington as to Tony Washington Waiver sent on 3/13/2023, answer due 5/12/2023. (Strand, Peter)
April 11, 2023 Removed Deadline for return of Magistrate Availability Form. Case is not eligible for magistrate presider assignment. (alf)
April 10, 2023 Opinion or Order Filing 7 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 4/10/2023. (mh)
April 9, 2023 Opinion or Order 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 April 17, 2023. Signed by Magistrate Judge Dustin B. Pead on 4/9/2023. (amn)
April 7, 2023 Opinion or Order Filing 5 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. Signed by Judge Howard C. Nielson, Jr on 4/7/23. (dle)
April 6, 2023 Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Brandy L Gillespie, Dicota Gillespie, Defendants Utah Department of Corrections, Utah State Prison, Tony Washington. (ks)
April 6, 2023 Filing 3 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs Brandy L Gillespie, Dicota Gillespie. (Notice generated by Court) Form due by 4/27/2023. (ks)
April 6, 2023 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 220907125, (Filing fee $ 402, receipt number AUTDC-4640763) filed by Tony Washington, Utah Department of Corrections, Utah State Prison. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1) Assigned to Judge Howard C. Nielson, Jr (Strand, Peter)
April 6, 2023 Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Defendants Utah Department of Corrections, Utah State Prison, Tony Washington is 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. (ks)

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Plaintiff: Brandy L Gillespie
Represented By: Wayne K. Caldwell
Represented By: Wayman M. Stodart
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Plaintiff: Dicota Gillespie
Represented By: Wayne K. Caldwell
Represented By: Wayman M. Stodart
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Defendant: Utah Department of Corrections
Represented By: Peter J. Strand
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Defendant: Utah State Prison
Represented By: Peter J. Strand
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Defendant: Tony Washington
Represented By: Peter J. Strand
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Not classified by court: Prisoner Litigation Unit
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