Tincher et al v. SkyWest, Inc. et al
Plaintiff: Mary Tincher and Kenneth Tincher
Defendant: SkyWest, Inc., Kathy Makasian, Vernon Smith, Dontay Riley and Laura Nelson
Case Number: 2:2023cv00658
Filed: September 21, 2023
Court: US District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Daphne A Oberg
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Opinion or Order Filing 17 DOCKET TEXT ORDER: The parties shall comply with paragraph 3 of the #4 Order to Propose Schedule within fifty days of a ruling on the #10 Motion to Dismiss. Signed by Magistrate Judge Daphne A. Oberg on 11/9/2023. No attached document.(gdr)
November 8, 2023 Filing 16 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Medley, April)
October 31, 2023 Filing 15 **SEALED DOCUMENT** SEALED EXHIBIT 1 to #14 Sealed Declaration of Vernon Smith in support of #10 Redacted MOTION to Dismiss Amended Complaint, filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith, consisting of 1 audio MP4 file on a single USB drive. The files are not uploaded to the docket due to non-PDF file type and the drive will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt)
October 31, 2023 Filing 14 **SEALED DOCUMENT** re #10 Redacted MOTION to Dismiss Amended Complaint filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B - Declaration of Vernon Smith)(Medley, April)
October 31, 2023 Filing 13 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith. (Medley, April) Modified by striking defendants with the exception of SkyWest on 11/1/2023 (dle).
October 31, 2023 Filing 12 NOTICE OF NONELECTRONIC FILING of Audio File - Exhibit 1 to Declaration of Vernon Smith filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith (Medley, April)
October 31, 2023 Filing 11 MOTION to Seal re #10 Redacted MOTION to Dismiss Amended Complaint filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Medley, April)
October 31, 2023 Filing 10 Redacted MOTION to Dismiss Amended Complaint filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith. (Attachments: #1 Exhibit A - Declaration of Kathy Makasian, #2 Exhibit B - Declaration of Vernon Smith (REDACTED), #3 Exhibit C - Declaration of Dontay Riley)(Medley, April)
October 31, 2023 Opinion or Order Filing 9 DOCKET TEXT ORDER granting #8 Motion for Leave to File Overlength Motion. Defendants may file a motion to dismiss with an additional three pages beyond the maximum page limit (exclusive of caption, table of contents, signature block, and certificate of service). Signed by Magistrate Judge Daphne A. Oberg on 10/31/2023. No attached document. (med)
October 31, 2023 Filing 8 MOTION for Leave to File Overlength Motion filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Medley, April)
October 17, 2023 Filing 7 NOTICE OF NON-CONSENT - Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (alf)
September 29, 2023 Opinion or Order Filing 6 DOCKET TEXT ORDER granting #5 Motion for Extension of Time to Answer. Based on the parties' stipulation, the deadline for Defendants to answer or otherwise respond to the amended complaint is extended to October 31, 2023. Signed by Magistrate Judge Daphne A. Oberg on 9/29/2023. No attached document. (rw)
September 28, 2023 Filing 5 Stipulated MOTION for Extension of Time to File Answer to Amended Complaint filed by Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith. (Attachments: #1 Text of Proposed Order Proposed Order)(Medley, April)
September 25, 2023 Opinion or Order Filing 4 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 9/25/2023. (alf)
September 22, 2023 Filing 3 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith, Plaintiffs Kenneth Tincher, Mary Tincher. Form due by 10/13/2023. (mh)
September 22, 2023 Filing 2 NOTICE OF ADR, e-mailed to Defendants Kathy Makasian, Laura Nelson, Dontay Riley, SkyWest, Inc., Vernon Smith, Plaintiffs Kenneth Tincher, Mary Tincher. (haa)
September 22, 2023 Magistrate Judge Daphne A. Oberg added. Case number will now read 2:23-cv-00658-DAO. Please make changes to document captions accordingly. (haa)
September 21, 2023 Filing 1 NOTICE OF REMOVAL from Fourth District, Spanish Fork Division, Utah County, case number 230300168, (Filing fee $ 402, receipt number AUTDC-4817526) filed by Dontay Riley, Kathy Makasian, SkyWest, Inc., Laura Nelson, Vernon Smith. (Attachments: #1 Exhibit A Amended Complaint, #2 Exhibit B State Court Record, #3 Exhibit C State Court Docket, #4 Civil Cover Sheet Civil Cover Sheet) (Saylin, Gregory)

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Search for this case: Tincher et al v. SkyWest, Inc. et al
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Plaintiff: Mary Tincher
Represented By: Justin D. Heideman
Represented By: Corwin David Bennett
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Plaintiff: Kenneth Tincher
Represented By: Justin D. Heideman
Represented By: Corwin David Bennett
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Defendant: SkyWest, Inc.
Represented By: Gregory M. Saylin
Represented By: Leslie M. Perkins
Represented By: April M. Medley
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Defendant: Kathy Makasian
Represented By: Gregory M. Saylin
Represented By: Leslie M. Perkins
Represented By: April M. Medley
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Defendant: Vernon Smith
Represented By: Gregory M. Saylin
Represented By: Leslie M. Perkins
Represented By: April M. Medley
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Defendant: Dontay Riley
Represented By: Gregory M. Saylin
Represented By: April M. Medley
Represented By: Leslie M. Perkins
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Defendant: Laura Nelson
Represented By: Gregory M. Saylin
Represented By: April M. Medley
Represented By: Leslie M. Perkins
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