Judson et al v. The Church of Jesus Christ of Latter-day Saints
| Gene Judson and Michelle Judson |
| Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc. and The Church of Jesus Christ of Latter-Day Saints |
| 2:2024cv00296 |
| April 24, 2024 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Robert J Shelby |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 46 Transcript Purchased by: James Magleby, Christopher Seeger re (54 in 2:24-cv-00269-RJS-DAO, 70 in 2:23-cv-00794-RJS-DAO, 61 in 2:24-md-03102-RJS-DAO, 47 in 2:24-cv-00277-RJS-DAO, 45 in 2:24-cv-00296-RJS-DAO, 36 in 2:24-cv-00268-RJS-DAO) transcript(s) of 5/30/2024. (jwt) |
| Filing 45 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference held on 5/30/2024 before Judge Robert J. Shelby. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 7/1/2024. Redaction Request due 7/22/2024. Redacted Transcript Deadline set for 8/12/2024. Release of Transcript Restriction set for 9/9/2024. (jwt) |
Filing 44
INITIAL CASE MANAGEMENT ORDER (MDL Pretrial Order No. 3). Signed by Judge Robert J. Shelby on 6/3/24. (jwt)
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Filing 42
ORDER granting Plaintiffs' Motion for Appointment of Interim Class Counsel and Interim Liaison Counsel (ECF No (63) in case 2:23-cv-00794-RJS-DAO; (54) in case 2:24-md-03102-RJS-DAO; (30) in case 2:24-cv-00268-RJS-DAO; (48) in case 2:24-cv-00269-RJS-DAO; (41) in case 2:24-cv-00277-RJS-DAO; (39) in case 2:24-cv-00296-RJS-DAO). (MDL Pretrial Order No. 2.) Signed by Judge Robert J. Shelby on 5/31/2024. (jwt)
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| Filing 43 Minute Entry for proceedings held before Judge Robert J. Shelby: Case Management Conference held on 5/30/2024. Counsel made appearances and discussed issues related to the commencement and management of this case, including the appointment of lead counsel, entry of a preliminary schedule, the timing of discovery, and appointment of a settlement officer. In the coming days, the court indicated it will GRANT Plaintiffs Motion for Appointment of Interim Class Counsel and Interim Liaison Counsel and issue a Case Management Order addressing the remaining issues. Attorney for Plaintiff: James E. Magleby, Christopher A. Seeger, Scott Allan George, Steven A. Schwartz, Attorney for Defendant: David J. Jordan, Mark S. Mester, Jason R. Burt, Wade Woodard. Court Reporter: Ed Young.(mjm) |
| Filing 41 Motions No Longer Referred: MOTION to Appoint Counsel and Memorandum in Support (ECF No. 41 in 2:24-cv-00277-RJS-DAO, 63 in 2:23-cv-00794-RJS-DAO, 39 in 2:24-cv-00296-RJS-DAO, 30 in 2:24-cv-00268-RJS-DAO, 48 in 2:24-cv-00269-RJS-DAO, 54 in 2:24-md-03102-RJS-DAO) (jwt) |
| Filing 40 AFFIDAVIT/DECLARATION of Christopher A. Seeger in Support re (41 in 2:24-cv-00277-RJS-DAO, 54 in 2:24-md-03102-RJS-DAO, 63 in 2:23-cv-00794-RJS-DAO, 39 in 2:24-cv-00296-RJS-DAO, 30 in 2:24-cv-00268-RJS-DAO, 48 in 2:24-cv-00269-RJS-DAO) MOTION to Appoint Counsel and Memorandum in Support filed by Plaintiff Masen Christensen. (Attachments: #1 Exhibit C. Seeger CV, #2 Exhibit Kitner Woodward Info, #3 Exhibit Chimicles Schwartz Info, #4 Exhibit J. Magleby Info)(Magleby, James) |
| Filing 39 MOTION to Appoint Counsel and Memorandum in Support filed by Plaintiff Daniel Chappell. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Magleby, James) |
| Filing 38 Motions No Longer Referred: Defendant's MOTION for Scheduling Order (Proposed Scheduling Order), (33 in 2:24-cv-00277-RJS-DAO, 41 in 2:24-cv-00269-RJS-DAO, 57 in 2:23-cv-00794-RJS-DAO, 32 in 2:24-cv-00296-RJS-DAO, 24 in 2:24-cv-00268-RJS-DAO, 42 in 2:24-md-03102-RJS-DAO); Plaintiff's MOTION for Scheduling Order and Memorandum in Support (61 in 2:23-cv-00794-RJS-DAO, 35 in 2:24-cv-00296-RJS-DAO, 44 in 2:24-cv-00269-RJS-DAO, 27 in 2:24-cv-00268-RJS-DAO, 36 in 2:24-cv-00277-RJS-DAO, 46 in 2:24-md-03102-RJS-DAO) (jwt) |
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Filing 37
ORDER granting #26 Motion for Admission Pro Hac Vice for David B. Jonelis; granting #27 Motion for Admission Pro Hac Vice for Todd Eagan.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. NOTE: Order was entered as ECF No. 43 in MDL case 2:24-md-03102-RJS-DAO. Signed by Magistrate Judge Daphne A. Oberg on 5/24/24. (jwt)
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Filing 36
ORDER in cases 2:24-md-03102-RJS-DAO, 2:24-cv-00296-RJS-DAO granting (41) Motion for Admission Pro Hac Vice of Attorney Mark S. Mester for Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints ; granting (31) Motion for Admission Pro Hac Vice of Attorney Mark S. Mester for Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 5/24/2024. (jwt)
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| Filing 35 Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Daniel Chappell. Motions referred to Daphne A. Oberg.(Magleby, James) |
| Filing 34 NOTICE of Joint Proposed Agenda for May 30, 2024 Case Management Conference by Daniel Chappell (Magleby, James) |
| Filing 33 STATUS REPORT by Daniel Chappell. (Magleby, James) |
| Filing 32 Defendant's MOTION for Scheduling Order (Proposed Scheduling Order) filed by MDL NOtice Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints. Motions referred to Daphne A. Oberg.(Burt, Jason) |
| Filing 31 MOTION for Admission Pro Hac Vice of Mark S. Mester , Registration fee $ 50, receipt number UTDC-5071800,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Jordan, David) |
| Filing 30 NOTICE of Appearance by Jason R. Burt on behalf of Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints (Burt, Jason) |
| Filing 29 NOTICE of Appearance by Wesley F. Harward on behalf of Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints (Harward, Wesley) |
| Filing 28 NOTICE of Appearance by David J. Jordan on behalf of Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints (Jordan, David) |
| Filing 27 MOTION for Admission Pro Hac Vice of Todd Eagan , Registration fee $ 50, receipt number UTDC-5068461,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by MDL Notice Daniel Chappell. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Magleby, James) |
| Filing 26 MOTION for Admission Pro Hac Vice of David B. Jonelis , Registration fee $ 50, receipt number UTDC-5068222,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by MDL Notice Daniel Chappell. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Magleby, James) |
| Filing 25 NOTICE OF HEARING: (Notice generated by jwt) Case Management Conference reset for 5/30/2024 at 03:00 PM in Rm 3.400 before Judge Robert J. Shelby. (jwt) |
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Filing 24
ORDER re (48 in 2:23-cv-00794-RJS-DAO, 22 in 2:24-cv-00296-RJS-DAO, 32 in 2:24-cv-00269-RJS-DAO, 10 in 2:24-md-03102-RJS-DAO, 24 in 2:24-cv-00277-RJS-DAO, 16 in 2:24-cv-00268-RJS-DAO) Notice of Withdrawal of Counsel, filed by Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints Attorney Milton McGee's Notice of Withdrawal of Counsel leaves Defendants without counsel in member Case No. 2:24-cv-00277-RJS-DAO. No other attorney has entered an appearance on behalf of Defendants in this matter as required by DUCivR 83-1.3(a). Accordingly, McGee is not withdrawn as counsel of record. If he seeks to withdraw before another attorney enters an appearance on behalf of Defendants, he must file a motion under DUCivR 83-1.4(b). Signed by Judge Robert J. Shelby on 5/10/2024. (jwt)
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Filing 23
ORDER VACATING HEARING -- Due to conflicts some counsel have with the current setting, the court is VACATING the status conference set for June 3, 2024 at 1:30 p.m. Another date will be forthcoming. Signed by Judge Robert J. Shelby on 5/10/2024. (jwt)
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| Deadlines/Hearings terminated - Case management conference set for 6/3/2024 cancelled; to be reset. (jwt) |
| Filing 22 NOTICE OF WITHDRAWAL OF COUNSEL of Milton S. McGee, III filed by Milton S. McGee, III on behalf of Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors, Inc., The Church of Jesus Christ of Latter-Day Saints. (jwt) |
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Filing 21
NOTICE AND ORDER OF CASE MANAGEMENT HEARING (MDL Pretrial Order No. 1) - Case Management Conference set for 6/3/2024 at 01:30 PM in Rm 3.100 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 4/24/2024. (jwt)
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 4/24/24. (jwt)
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| Filing 19 NOTICE FROM THE COURT - This case was originally filed in the Central District of California prior to the creation of the IN RE: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TITHING LITIGATION MDL No. 3102. This case shall be included as part of the In Re: The Church of Jesus Christ of Latter-Day Saints Tithing Litigation MDL, Case No. 2:24-md-03102-RJS, without further notice or order from the Judicial Panel on Multidistrict Litigation. (jwt) |
| Filing 18 Case transferred in from USDC of California Central; Case Number 2:24-cv-00796. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:24-cv-00296-RJS, assigned to Judge Robert J. Shelby. |
| Filing 17 Conditional Transfer Order - 1 from the United States Judicial Panel on Multidistrict Litigation, MDL 3102, transferring case to USDC, District of Utah and assigned to Honorable Robert J. Shelby. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) [Transferred from California Central on 4/24/2024.] |
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Filing 16
ORDER GRANTING STIPULATION TO AMEND THE CAPTION OF THE COMPLAINT PURSUANT TO FED. R. CIV. P. 15 #14 by Judge Michael W. Fitzgerald. The case caption and the Complaint be corrected to replace the Defendant Corporation of the President of The Church of Jesus Christ of Latter-day Saints with The Church of Jesus Christ of Latter-day Saints. (iv) [Transferred from California Central on 4/24/2024.]
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Filing 15
ORDER GRANTING UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' COMPLAINT #13 by Judge Michael W. Fitzgerald. The Court GRANTS the Motion. (iv) [Transferred from California Central on 4/24/2024.]
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| Filing 14 Joint STIPULATION for Order amending the caption of the complaint pursuant to FRCP 15 filed by defendants Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisers, Inc.. (Attachments: #1 Proposed Order)(Sugimoto, Lindsey) [Transferred from California Central on 4/24/2024.] |
| Filing 13 STIPULATION for Extension of Time to File / Unopposed Motion to Extend Time to Respond to Plaintiffs' Complaint filed by defendants Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisers, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of J. Burt in Support, #3 Exhibit A, #4 Exhibit B)(Sugimoto, Lindsey) [Transferred from California Central on 4/24/2024.] |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Lindsey Sugimoto counsel for Defendants Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisers, Inc.. Adding Lindsey E. Sugimoto as counsel of record for The Church of Jesus Christ of Latter-day Saints and Ensign Peak Advisers, Inc. for the reason indicated in the G-123 Notice. Filed by defendants The Church of Jesus Christ of Latter-day Saints and Ensign Peak Advisers, Inc.. (Attorney Lindsey Sugimoto added to party Corporation of the President of the Church of Jesus Christ of Latter-Day Saints(pty:dft), Attorney Lindsey Sugimoto added to party Ensign Peak Advisers, Inc.(pty:dft))(Sugimoto, Lindsey) [Transferred from California Central on 4/24/2024.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Gene Judson, Michelle Judson, upon Defendant Ensign Peak Advisers, Inc. served on 2/16/2024, answer due 3/8/2024. Service of the Summons and Complaint were executed upon Jason Burt, Esq., Counsel for ENSIGN PEAK ADVISERS, INC. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Jonelis, David) [Transferred from California Central on 4/24/2024.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Gene Judson, Michelle Judson, upon Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints served on 2/16/2024, answer due 3/8/2024. Service of the Summons and Complaint were executed upon Jason Burt, Esq., Counsel for Corporation Of The President Of The Church Of Jesus Christ Of Latter-Day Saints in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Jonelis, David) [Transferred from California Central on 4/24/2024.] |
| Filing 9 NOTICE of Interested Parties filed by PLAINTIFFS Gene Judson, Michelle Judson, (Jonelis, David) [Transferred from California Central on 4/24/2024.] |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) [Transferred from California Central on 4/24/2024.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisers, Inc. (ghap) [Transferred from California Central on 4/24/2024.] |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 4/24/2024.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 4/24/2024.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Patricia Donahue. (ghap) [Transferred from California Central on 4/24/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Gene Judson, Michelle Judson. (Jonelis, David) [Transferred from California Central on 4/24/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Gene Judson, Michelle Judson. (Jonelis, David) [Transferred from California Central on 4/24/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-36815145 - Fee: $405, filed by Plaintiffs Gene Judson, Michelle Judson. (Attorney David Binder Jonelis added to party Gene Judson(pty:pla), Attorney David Binder Jonelis added to party Michelle Judson(pty:pla))(Jonelis, David) [Transferred from California Central on 4/24/2024.] |
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