Eliason v. The Corporation of the President of the Church of Jesus Christ of Latter Day Saints et al
Plaintiff: Brett L. Eliason
Defendant: The Corporation of the President of the Church of Jesus Christ of Latter Day Saints, Kirton McConkie, Parsons Behle and Latimer, Judge Robert Faust, Robert Shelby and Adam Mow
Case Number: 2:2023cv00785
Filed: October 30, 2023
Court: US District Court for the District of Utah
Presiding Judge: Cecilia M Romero
Referring Judge: Ted Stewart
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Fiduciary Duty
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2023 Opinion or Order Filing 28 REPLY to Response to Motion re #3 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Parsons Behle and Latimer. (Ector, Hannah)
December 26, 2023 Opinion or Order Filing 27 Second Demand for Accounting and MOTION to Add the Attached Exhibits D as Evidence filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) Motions referred to Cecilia M. Romero.(mh)
December 19, 2023 Opinion or Order Filing 26 MOTION to Observe the Dying Declaration of Joyce Eliason filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A, #2 Exhibit B) Motions referred to Cecilia M. Romero.(mh)
December 19, 2023 Opinion or Order Filing 25 MOTION to Deny the #22 MOTION to Stay and Memorandum in Support Pending Resolution of Parsons Behle & Latimer's Motion to Dismiss and Any Other Associated Defendants filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A) Motions referred to Cecilia M. Romero.(mh)
December 18, 2023 Opinion or Order Filing 24 DOCKET TEXT ORDER TO EXPEDITE BRIEFING. The court directs Plaintiffs to submit a response or notice of non-opposition to Defendant's #22 Motion to Stay no later than December 26, 2023. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 12/18/2023. (jfm)
December 18, 2023 Opinion or Order Filing 23 MOTION to Admit The Attached "Exhibit C" as Evidence filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) Motions referred to Cecilia M. Romero.(mh)
December 15, 2023 Opinion or Order Filing 22 MOTION to Stay and Memorandum in Support Pending Resolution of Parsons Behle & Latimer's Motion to Dismiss filed by Defendant Parsons Behle and Latimer. Motions referred to Cecilia M. Romero. Attorney Hannah J. Ector added to party Parsons Behle and Latimer(pty:dft)(Ector, Hannah)
December 15, 2023 Opinion or Order Filing 21 MOTION to Add Defendants filed by Plaintiff Brett L. Eliason. Motions referred to Cecilia M. Romero.(mh)
December 15, 2023 Opinion or Order Filing 20 RESPONSE to Motion re #16 MOTION to Stay Pending Resolution of State Judicial Defendants' Motion to Dismiss filed by Plaintiff Brett L. Eliason. (mh)
December 15, 2023 Opinion or Order Filing 19 DOCKET TEXT ORDER TO EXPEDITE BRIEFING. The court directs Plaintiffs to submit a response or notice of non-opposition to Defendant's #16 Motion to Stay no later than December 22, 2023. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 12/15/2023. (jfm)
December 15, 2023 Opinion or Order Filing 18 Modification of Docket: re #17 MOTION to Submit the Attached Exhibits as Evidence. Exhibit E part 8 and 9 were switched at entry. Part 8 and 9 replaced by switching correctly. (mh)
December 14, 2023 Opinion or Order Filing 17 MOTION to Submit the Attached Exhibits as Evidence filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit 1, #2 Exhibit A,B,C Combination, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E part 1, #7 Exhibit E part 2, #8 Exhibit E part 3, #9 Exhibit E part 4, #10 Exhibit E part 5, #11 Exhibit E part 6, #12 Exhibit E part 7, #13 Exhibit E part 8, #14 Exhibit E part 9, #15 Exhibit E part 10, #16 Exhibit E part 11) Motions referred to Cecilia M. Romero.(mh) (Attachment 13 replaced on 12/15/2023) (nl). (Attachment 14 replaced on 12/15/2023) (nl).
December 14, 2023 Opinion or Order Filing 16 MOTION to Stay Pending Resolution of State Judicial Defendants' Motion to Dismiss filed by Defendants Robert Faust, Adam Mow. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Goff, Darin)
December 14, 2023 Opinion or Order Filing 15 Request for a Hearing and RESPONSE to #3 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Brett L. Eliason. (mh)
December 13, 2023 Opinion or Order Filing 14 MEMORANDUM in Opposition re #9 MOTION Motion to Add Breach of Fiduciary Duty, Aiding and Abetting, and the Wrongful Death of Joyce S Eliason as Causes of Action Involved with This Matter filed by Defendant Parsons Behle and Latimer. (Leeman, Alex)
December 7, 2023 Opinion or Order Filing 13 MOTION to Submit for Summary Judgment or Verbal Discussion and/or Medication filed by Plaintiff Brett L. Eliason. Motions referred to Cecilia M. Romero.(mh)
December 6, 2023 Opinion or Order Filing 12 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 Ted Stewart and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh)
December 1, 2023 Opinion or Order Filing 11 MOTION for Leave to File/Admit the Attached Exhibit as Evidence Showing Fraudulent Misrepresentation in this Matter, MOTION to Produce the Letters of Engagement Executed by both Max and Joyce Eliason and Bryan and Lisa Stephens, MOTION to Refer this Matter to a Prosecuting Attorney filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(alf)
November 30, 2023 Opinion or Order Filing 10 Modification of Docket: re #9 MOTION Motion to Add. Color version of the Pleading added to the Motion event. (mh)
November 29, 2023 Opinion or Order Filing 9 MOTION to Add filed by Plaintiff Brett L. Eliason. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(mh) (Additional attachment(s) added on 11/30/2023: #13 Motion to Add- color version) (mh).
November 29, 2023 Opinion or Order Filing 8 MOTION To Include filed by Plaintiff Brett L. Eliason. (mh)
November 29, 2023 Opinion or Order Filing 7 NOTICE OF WITHDRAWAL OF COUNSEL of Lora E. Cooper filed by Darin B. Goff on behalf of Robert Faust, Adam Mow (Goff, Darin)
November 28, 2023 Opinion or Order Filing 6 NOTICE OF INELIGIBLE ATTORNEY -Attorney Lora Cooper, for Defendants Robert Faust, Adam Mow, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (alf)
November 28, 2023 Opinion or Order Filing 5 EXHIBITS filed by Robert Faust, Adam Mow re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Goff, Darin)
November 28, 2023 Opinion or Order Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Robert Faust, Adam Mow. Attorney Darin B. Goff added to party Robert Faust(pty:dft), Attorney Darin B. Goff added to party Adam Mow(pty:dft)(Goff, Darin)
November 28, 2023 Opinion or Order Filing 3 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Parsons Behle and Latimer. Attorney Alex B. Leeman added to party Parsons Behle and Latimer(pty:dft)(Leeman, Alex)
November 14, 2023 Opinion or Order Filing 2 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 Plaintiff Brett L. Eliason. Form due by 12/5/2023. (mh)
October 30, 2023 Opinion or Order Filing 1 COMPLAINT against Robert Faust, Kirton McConkie, Adam Mow, Parsons Behle and Latimer, Robert Shelby, The Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Filing fee $ 402, receipt number 3959) (Fee Status: Paid) filed by Brett L. Eliason. (Attachments: #1 Exhibit 1 Article 9, #2 Exhibit 2 Complaint and Exhibits, #3 Exhibit 3 Waiver, #4 Exhibit 4 Letter, #5 Exhibit 5 News article, #6 Exhibit 6 Letter 2, #7 Civil Cover Sheet ) Assigned to Magistrate Judge Cecilia M. Romero (haa)

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Plaintiff: Brett L. Eliason
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Defendant: The Corporation of the President of the Church of Jesus Christ of Latter Day Saints
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Defendant: Kirton McConkie
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Defendant: Parsons Behle and Latimer
Represented By: Alex B. Leeman
Represented By: Hannah J. Ector
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Defendant: Judge Robert Faust
Represented By: Darin B. Goff
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Defendant: Robert Shelby
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Defendant: Adam Mow
Represented By: Darin B. Goff
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