Szymakowski v. Utah High School Activities Association et al
| Zachary Szymakowski and Johanna A. Uribe |
| Utah High School Activities Association, Burke Staheli, Marilyn Richards, David Lund, Zack McKee, David Warren, Amber Shill, Jason Smith, Robert Cuff, Jerre Holmes, Mike Mees, Paul Sweat, Bryan Durst, Devin Smith, Brent Strate and Luke Rasmussen |
| 2:2024cv00751 |
| October 7, 2024 |
| US District Court for the District of Utah |
| Cecilia M Romero |
| Robert J Shelby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2024. A more recent docket listing may be available from PACER.
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Filing 112
SCHEDULING ORDER granting #107 Motion for Scheduling Order. Amended Pleadings due by 4/9/2025. Joinder of Parties due by 4/9/2025. Expert Discovery due by 9/23/2025. Motions due by 10/23/2025. Signed by Magistrate Judge Cecilia M. Romero on 12/3/2024. (mh)
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Filing 111
ANSWER to #108 Amended Complaint, filed by Utah High School Activities Association.(Parry, D.)
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Filing 110
Minute Order. Proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/27/2024 re: #77 MOTION to Dismiss Party Robert Cuff, Marilyn Richards, Amber Shill, Burke Staheli, David Warren, David Lund, Zack McKee, Paul Sweat, Luke Rasmussen, Jerre Holmes, Jason Smith, Mike Mees, Devin Smith, Bryan Durst, and Brent Strate filed by David Warren, Devin Smith, Marilyn Richards, David Lund, Zack McKee, Mike Mees, Burke Staheli, Robert Cuff, Paul Sweat, Jerre Holmes, Bryan Durst, Luke Rasmussen, Brent Strate, Amber Shill, Jason Smith; docket entry #79 MOTION for Preliminary Injunction and Memorandum in Support filed by Zachary Szymakowski and docket entry #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint filed by Marilyn Richards, Utah High School Activities Association, Zack McKee, Luke Rasmussen, Brent Strate, Jason Smith, David Warren, Devin Smith, David Lund, Mike Mees, Burke Staheli, Robert Cuff, Paul Sweat, Jerre Holmes, Bryan Durst, Amber Shill. Oral argument heard. Witnesses sworn, testimony heard and exhibits received. The court took docket entry #79 Motion for Preliminary Injunction under advisement. Docket entry #86 Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim is DENIED via oral ruling. Docket entry #77 Motion to Dismiss Party Robert Cuff, Marilyn Richards, Amber Shill, Burke Staheli, David Warren, David Lund, Zack McKee, Paul Sweat, Luke Rasmussen, Jerre Holmes, Jason Smith, Mike Mees, Devin Smith, Bryan Durst, and Brent Strate filed by David Warren, Devin Smith, Marilyn Richards, David Lund, Zack McKee, Mike Mees, Burke Staheli, Robert Cuff, Paul Sweat, Jerre Holmes, Bryan Durst, Luke Rasmussen, Brent Strate, Amber Shill, Jason Smith is TERMINATED. Written Order to follow oral order: No. Attorney for Plaintiff: David Jordan, Tyler Dever, Wesley Harward, Tanner Camp; Attorney for Defendant D. Craig Parry, Mark O. Van Wagoner, Daniel J. Nelson. Court Reporter: Ed Young. (Time Start: 9:35 am, Time End: 4:45pm, Room 3.100.)(mjm)
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Filing 108
AMENDED COMPLAINT [SECOND] against Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren with Jury Demand. filed by Zachary Szymakowski. (Jordan, David)
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Filing 107
Stipulated MOTION for Scheduling Order filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit Attorney Planning Meeting Report) Motions referred to Cecilia M. Romero.(Dever, Tyler)
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Filing 106
MEMORANDUM in Support re #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendants Robert Cuff, Bryan Durst, Jerre Holmes, Patrick Lambert, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Parry, D.)
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Filing 105
ANSWER to #82 Amended Complaint filed by Utah High School Activities Association.(Parry, D.)
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Filing 104
REPLY to Response to Motion re #79 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5)(Harward, Wesley)
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Filing 103
MEMORANDUM in Opposition re #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jordan, David)
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Filing 102
MOTION to Dismiss Party Individual Defendants and Memorandum in Support filed by Defendants Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Bird, Chaunceton)
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Filing 101
AFFIDAVIT/Declaration of Tyler Roberts in Support re #95 Memorandum in Opposition to Motion, filed by Robert Cuff, Bryan Durst, Jerre Holmes, Patrick Lambert, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Attachments: #1 Exhibit)(Parry, D.)
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Filing 100
AFFIDAVIT/Declaration of Patrick Amico in Support re #95 Memorandum in Opposition to Motion, filed by Robert Cuff, Bryan Durst, Jerre Holmes, Patrick Lambert, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Parry, D.)
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Filing 99
AFFIDAVIT/Declaration of Marc Miller in Support re #95 Memorandum in Opposition to Motion, filed by Robert Cuff, Bryan Durst, Jerre Holmes, Patrick Lambert, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Parry, D.)
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Filing 98
AFFIDAVIT/Declaration of Anthony Mitchell in Support re #95 Memorandum in Opposition to Motion, filed by Robert Cuff, Bryan Durst, Jerre Holmes, Patrick Lambert, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. Attorney D. Craig Parry added to party Patrick Lambert(pty:dft)(Parry, D.)
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Filing 97
ORDER granting #94 Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's #79 Motion for Preliminary Injunction. Defendants are permitted to file an overlength Opposition not to exceed thirty (30) pages in length. Signed by Magistrate Judge Cecilia M. Romero on 11/14/2024. (mh)
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Filing 96
Modification of Docket: re #94 MOTION: Pleading motion event corrected to Motion for Leave to File Excess Pages and linked to motion event #79 . No further action needed. (mh)
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Filing 95
MEMORANDUM in Opposition re #79 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Utah High School Activities Association. (Attachments: #1 Exhibit Declaration of Rob Cuff, #2 Exhibit Declaration of Craig Hammer, #3 Exhibit Declaration of Scott Mouritsen, #4 Exhibit Declaration of Lora Nichols, #5 Exhibit Declaration of Kena Rydalch)(Bird, Chaunceton)
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Filing 94
MOTION for Leave to File Overlength Memorandum Opposing #79 Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Utah High School Activities Association. Motions referred to Cecilia M. Romero.(Bird, Chaunceton) Modified by correcting motion event and linking to motion #79 on 11/14/2024 (mh).
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Filing 93
DOCKET TEXT ORDER: Given the exigent circumstances this case presents, the court ORDERS the parties to submit expedited briefing on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint [ECF #86 ]. Plaintiffs may file a Response no later than Monday, November 18, 2024. Defendants may file a Reply no later than Friday, November 22, 2024. Additionally, the court DENIES Defendants' Motion to Continue [ECF #88 ]. If there is a mootness issue to resolve, the court will do so before it reaches the merits of Plaintiffs' Motion for Preliminary Injunction [ECF #79 ], either at the hearing scheduled for November 27, 2024, or in a written decision to follow. Signed by Judge Robert J. Shelby on 11/12/2024. No attached document. (mh)
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Filing 92
ORDER granting #83 Motion for Short Form Discovery. UHSAA must sit for a four-hour, Rule 30(b)(6) deposition on the topics included in Plaintiffs' Notice of 30(b)(6) Deposition14 no later than Monday, November 18, 2024. Signed by Judge Robert J. Shelby on 11/12/2024. (mh)
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Filing 91
Motions No Longer Referred: #88 MOTION to Continue Hearing and Memorandum in Support . District Judge Robert J. Shelby will handle the motion. (jfm)
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Filing 90
RESPONSE re #84 Response (NOT to motion), filed by Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Parry, D.)
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Filing 89
NOTICE OF HEARING ON MOTION re: #79 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) In Person Motion Hearing set for 11/27/2024 at 09:30 AM in Rm 3.100 before Judge Robert J. Shelby. (mjm)
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Filing 88
MOTION to Continue Hearing and Memorandum in Support filed by Defendants Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Attachments: #1 Text of Proposed Order Granting Motion to Continue Hearing) Motions referred to Cecilia M. Romero.(Bird, Chaunceton)
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Filing 87
Motions No Longer Referred: #83 MOTION for Short Form Discovery re: Rule 30(b)(6) Deposition of UHSAA. District Judge Robert J. Shelby will handle the motion. (jfm)
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Filing 86
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendants Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. (Bird, Chaunceton)
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Filing 85
OBJECTIONS to #83 MOTION for Short Form Discovery re: Rule 30(b)(6) Deposition of UHSAA filed by Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, Utah High School Activities Association, David Warren. Attorney Chaunceton Bird added to party Bryan Durst(pty:dft), Attorney Chaunceton Bird added to party Jerre Holmes(pty:dft), Attorney Chaunceton Bird added to party David Lund(pty:dft), Attorney Chaunceton Bird added to party Zack McKee(pty:dft), Attorney Chaunceton Bird added to party Mike Mees(pty:dft), Attorney Chaunceton Bird added to party Luke Rasmussen(pty:dft), Attorney Chaunceton Bird added to party Marilyn Richards(pty:dft), Attorney Chaunceton Bird added to party Amber Shill(pty:dft), Attorney Chaunceton Bird added to party Devin Smith(pty:dft), Attorney Chaunceton Bird added to party Jason Smith(pty:dft), Attorney Chaunceton Bird added to party Burke Staheli(pty:dft), Attorney Chaunceton Bird added to party Brent Strate(pty:dft), Attorney Chaunceton Bird added to party Paul Sweat(pty:dft), Attorney Chaunceton Bird added to party David Warren(pty:dft)(Bird, Chaunceton)
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Filing 84
RESPONSE re #81 Request, filed by Zachary Szymakowski. (Jordan, David)
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Filing 83
MOTION for Short Form Discovery re: Rule 30(b)(6) Deposition of UHSAA filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Jordan, David)
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Filing 82
AMENDED COMPLAINT against All Defendants with Jury Demand. New Plaintiffs: Felipe Uribe. filed by Zachary Szymakowski. (Jordan, David)
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Filing 81
REQUEST for Phone Conference for Amending The Briefing Schedule And The Date Of The Evidentiary Hearing filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 80
Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 11/4/2024. Counsel appeared via ZOOM. The court will hold an evidentiary hearing on docket entry #79 Motion for Preliminary Injunction on 11/27/2024 at 09:30 AM in Rm 3.100 before Judge Robert J. Shelby. In advance of hearing, counsel should submit direct testimony via witness affidavits and meet and confer about what witnesses should be available for cross and redirect examination. Counsel will coordinate preliminary discovery and file related motions, including proposed orders, if issues arise. Plaintiffs counsel informed the court that an amended complaint will be filed. Attorney for Plaintiff: David Jordan, Tyler Dever, Attorney for Defendant: Daniel Nelson, D. Craig Parry, Mark Van Wagoner. Court Reporter: Ed Young. Recording: ZOOM.
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Filing 79
MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit 1 - Transcript, #2 Exhibit 2 - Letter)(Jordan, David)
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Filing 78
SUMMONS Returned Executed. Filed by Zachary Szymakowski. Summons as to Paul Sweat. (Jordan, David)
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Filing 77
MOTION to Dismiss Party Robert Cuff, Marilyn Richards, Amber Shill, Burke Staheli, David Warren, David Lund, Zack McKee, Paul Sweat, Luke Rasmussen, Jerre Holmes, Jason Smith, Mike Mees, Devin Smith, Bryan Durst, and Brent Strate filed by Defendants Robert Cuff, Bryan Durst, Jerre Holmes, David Lund, Zack McKee, Mike Mees, Luke Rasmussen, Marilyn Richards, Amber Shill, Devin Smith, Jason Smith, Burke Staheli, Brent Strate, Paul Sweat, David Warren. Attorney D. Craig Parry added to party Bryan Durst(pty:dft), Attorney D. Craig Parry added to party Jerre Holmes(pty:dft), Attorney D. Craig Parry added to party David Lund(pty:dft), Attorney D. Craig Parry added to party Zack McKee(pty:dft), Attorney D. Craig Parry added to party Mike Mees(pty:dft), Attorney D. Craig Parry added to party Luke Rasmussen(pty:dft), Attorney D. Craig Parry added to party Marilyn Richards(pty:dft), Attorney D. Craig Parry added to party Amber Shill(pty:dft), Attorney D. Craig Parry added to party Devin Smith(pty:dft), Attorney D. Craig Parry added to party Jason Smith(pty:dft), Attorney D. Craig Parry added to party Burke Staheli(pty:dft), Attorney D. Craig Parry added to party Brent Strate(pty:dft), Attorney D. Craig Parry added to party Paul Sweat(pty:dft), Attorney D. Craig Parry added to party David Warren(pty:dft)(Parry, D.)
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Filing 76
ANSWER to Complaint filed by Utah High School Activities Association.(Parry, D.)
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Filing 75
RESPONSE re #71 Request, filed by Zachary Szymakowski. (Jordan, David)
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Filing 74
NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee) ZOOM Status Conference set for 11/4/2024 at 10:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. (mjm)
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Filing 73
Transcript Purchased by: David J. Jordan re #72 transcript(s) of 10/16/24. (dle)
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Filing 72
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order held on 10/16/24 before Judge Tena Campbell. Court Reporter/Transcriber Michelle B. Gonsalves, RPR, CRR, CBC, CSR, Telephone number (801) 783-8657. 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 11/18/2024. Redaction Request due 12/9/2024. Redacted Transcript Deadline set for 12/30/2024. Release of Transcript Restriction set for 1/26/2025. (dle)
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Filing 71
REQUEST for Phone Conference for Setting of Evidentiary Hearing filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 70
NOTICE of Appearance by Chaunceton Bird on behalf of Robert Cuff, Utah High School Activities Association (Bird, Chaunceton)
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Filing 69
ORDER AND MEMORANDUM DECISION granting #2 Motion for TRO; terminating #2 Motion for Preliminary Injunction: The UHSAA is enjoined from enforcement of the Student Visa Eligibility Rule as it applies to Mr. Szymakowski during the remainder of the 2024 high school football season. Any motion for a preliminary injunction must be filed by 10/31/24. Any response is due by 11/13/24. Any reply is due by 11/20/24. Signed by Judge Tena Campbell on 10/17/24 (alt)
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Filing 68
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 10/17/2024. (mh)
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Filing 67
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 10/16/2024 re #2 MOTION for Temporary Restraining Order and Memorandum in Support - MOTION for Preliminary Injunction and Memorandum in Support filed by Zachary Szymakowski. Counsel are present in person for this proceeding. Plaintiff Zachary Szymakowski is also present in person. The court hears first from Mr. David Jordan, one of plaintiff's counsel. The court next hears from Mr. Craig Parry, an attorney for the defendant. He calls plaintiff to the stand. The plaintiff is placed under oath and cautioned that his answers to questions posed by counsel or the court must be truthful. Testimony is offered and exhibits are offered and admitted. Mr. Jordan cross-examines the witness and the witness is excused. Defense next calls Danny Larson. He is placed under oath and cautioned that his answers to questions posed by counsel or by the court must be truthful. He is questioned by Mr. Van Wagoner, an attorney for the defendant.The witness offers testimony and is excused. Defense then calls Craig Hammer. He is placed under oath and cautioned that his answers to questions posed by counsel or by the court must be truthful. The witness is cross-examined by Mr. Jordan. Exhibits are offered and admitted. There is further re-direct by Mr. Van Wagoner and the witness is excused. The court is informed that there are no remaining witnesses.The court then hears argument from Mr. Parry. There being no further witnesses or argument, the court advises it will take the matter under advisement and court adjourns. Attorneys for Plaintiff: David J. Jordan, Tyler Anne Dever, Wesley F. Harward, Tanner Brad Camp and Charles Dennis Morris. Attorneys for Defendant: Mark O. Van Wagoner, D. Craig Parry and Daniel J. Nelson. Court Reporter: Michelle Gonsalves.(cff)
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Filing 66
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero 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 10/16/2024. (mjm)
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Filing 65
DECLARATION of Patrick Lambert filed by Zachary Szymakowski. (Harward, Wesley)
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Filing 64
NOTICE of Voluntary Dismissal of Patrick Lambert filed by Plaintiff Zachary Szymakowski (Harward, Wesley)
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Filing 63
Transcript Purchased by: David Jordan, Tanner Camp, Wesley Harward re #52 transcript(s) of 10/11/24. (jrj)
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Filing 62
AFFIDAVIT of Zachary Szymakowski re #61 Reply Memorandum/Reply to Response to Motion, Corrected Ex. F to Reply filed by Zachary Szymakowski. (Jordan, David)
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Filing 61
REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit E - Supp. Decl. Larson, #2 Exhibit F - Supp. Decl. Szymakowski)(Jordan, David)
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Filing 60
AMENDED NOTICE OF HEARING ON MOTION re: #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 10/16/2024 at 02:00 PM in Rm 3.100 before Judge Tena Campbell. PLEASE NOTE: Hearing will be held in Courtroom 3.100 (mjm)
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Filing 59
AFFIDAVIT/DECLARATION of Kirk Bengtzen in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Utah High School Activities Association. (Parry, D.)
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Filing 58
AFFIDAVIT/DECLARATION of Jeff Cluff in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 57
AFFIDAVIT/DECLARATION of Craig Hammer in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 56
AFFIDAVIT/DECLARATION of Brenan Jackson in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 55
AFFIDAVIT/DECLARATION of Rob Cuff in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 54
APPENDIX to #53 Memorandum in Opposition to Motion, filed by Defendants Robert Cuff, Utah High School Activities Association . (Attachments: #1 Exhibit 1 - Email re LCA Basketball, dated January 4, 2024, #2 Exhibit 2 - Letter from Britt Beckstrom at Snow Caldwell Beckstrom & Wilbanks, PLLC to Brenan Jackson at UHSAA, dated January 16, 2024, #3 Exhibit 3 - Email from Kamee Jordan re UHSAA letter, dated February 25, 2024, #4 Exhibit 4 - KSL News Article re Hosts question scholarships for international students playing Utah sports; UHSAA investigation, dated March 13, 2024, #5 Exhibit 5 - Emails re F-1 Visa Rules, dated March 19, 2024, #6 Exhibit 6 - Email from Stacy Valdes re Juan Diego re Issues with International Student Athletes, dated March 26, 2024, #7 Exhibit 7 - F-1 Students that competed in sports at Juan Diego, Judge Memorial, St Joseph and LCA, #8 Exhibit 8 - George Perez Utah Basketball Academy, #9 Exhibit 9 - Ballers Heaven Athletes Help LCA Win State Title, #10 Exhibit 10 - International Students in Utah Public Schools Grades Kindergarten 12th, #11 Exhibit 11 - Juan Diego letter of acceptance and F-1 visa for David, #12 Exhibit 12 - JD Tahiti Facebook Posts, #13 Exhibit 13 - Layton Christian Committed Picture, #14 Exhibit 14 - Layton Christian Instagram Posts, #15 Exhibit 15 - Brazil Recruiting Pipeline, #16 Exhibit 16 - Social media evidence of recruiting internationally, #17 Exhibit 17 - Student Visa Eligibility Rule, #18 Exhibit 18 - Testimonials, #19 Exhibit 20 - Utah High School Activities Association 2024 2025 Handbook, #20 Exhibit 21 - UHSAA Statement)(Parry, D.)
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Filing 53
MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 52
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Status Conference held on October 11, 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 11/5/2024. Redaction Request due 11/26/2024. Redacted Transcript Deadline set for 12/17/2024. Release of Transcript Restriction set for 1/13/2025. (mh)
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Filing 51
NOTICE of Appearance by Daniel J. Nelson on behalf of Robert Cuff, Utah High School Activities Association (Nelson, Daniel)
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Filing 50
NOTICE OF HEARING ON MOTION re: #2 MOTION for Temporary Restraining Order and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 10/16/2024 at 02:00 PM in Rm 3.400 before Judge Tena Campbell. (mjm)
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Filing 49
ORDER Setting Hearing on Motion and Setting Briefing Schedule re #2 MOTION for Temporary Restraining Order. Motion Hearing set for 10/16/2024 at 02:00 PM in Rm 3.400 before Judge Tena Campbell. The Defendants must submit any response to the Plaintiff's #2 TRO motion by noon on Tuesday, October 15, 2024. The Plaintiff must file any reply by 9:00am on Wednesday, October 16, 2024. Signed by Judge Tena Campbell on 10/11/2024. (mh)
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Filing 48
DOCKET TEXT ORDER granting #3 Motion to Expedite Signed by Judge Robert J. Shelby on 10/11/2024. No attached document. (mjm)
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Filing 47
Minute Entry for ZOOM proceedings held before Judge Robert J. Shelby: Status Conference held on 10/11/2024. Counsel appear via ZOOM. Plaintiff's Motion for Expedited Briefing and Hearing, docket entry #3 is GRANTED and a briefing schedule is forthcoming. Plaintiff's oral motion to allow Zachary Szymakowski to play in Juan Diego High School football game tonight is DENIED. Attorney for Plaintiff: David Jordan, Wesley F. Harward, Tanner Brad Camp; Attorney for Defendant UHSAA et al: Mark O. Van Wagoner D. Craig Parry, Daniel Nelson; Attorney for Defendants Patrick Lambert, Burke Staheli, Paul Sweat: Heidi G. Goebel. Court Reporter: Ed Young.(mjm)
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Filing 46
REPLY BRIEF re #43 Response (NOT to motion) Status Update (42) filed by Plaintiff Zachary Szymakowski. (Jordan, David)
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Filing 45
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Devin Smith, on 10/09/24. (Jordan, David)
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Filing 44
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Brent Strate, on 10/09/24. (Jordan, David)
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Filing 43
RESPONSE re #42 Status Report, #7 Order Setting Hearing or Trial,,, filed by Robert Cuff, Utah High School Activities Association. (Parry, D.)
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Filing 42
STATUS REPORT Re: The Court's Notice of Status and Scheduling Conference and Order [Dkt. 7] by Zachary Szymakowski. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jordan, David)
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Filing 41
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Zack McKee, on 10/09/24. (Jordan, David)
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Filing 40
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Utah High School Activities Association, on 10/09/24. (Jordan, David)
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Filing 39
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Robert Cuff, on 10/09/24. (Jordan, David)
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Filing 38
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Mike Mees, on 10/09/24. (Jordan, David)
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Filing 37
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Marilyn Richards, on 10/09/24. (Jordan, David)
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Filing 36
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Luke Rasmussen, on 10/09/24. (Jordan, David)
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Filing 35
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Jerre Holmes, on 10/09/24. (Jordan, David)
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Filing 34
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Jason Smith, on 10/09/24. (Jordan, David)
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Filing 33
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on David Warren, on 10/09/24. (Jordan, David)
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Filing 32
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on David Lund, on 10/09/24. (Jordan, David)
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Filing 31
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Burke Staheli, on 10/09/24. (Jordan, David)
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Filing 30
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Bryan Durst, on 10/09/24. (Jordan, David)
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Filing 29
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Amber Shill, on 10/09/24. (Jordan, David)
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Filing 28
SUMMONS Returned Executed by Zachary Szymakowski. Summons served on Patrick Lambert, on 10/09/24. (Jordan, David)
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Filing 27
Summons Issued Electronically as to Jason Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 26
Summons Issued Electronically as to Zack McKee. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 25
NOTICE of Appearance by Mark O. Van Wagoner on behalf of Utah High School Activities Association (Van Wagoner, Mark)
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Filing 24
NOTICE of Appearance by Zachary E. Peterson on behalf of Patrick Lambert (Peterson, Zachary)
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Filing 23
NOTICE of Appearance by Heidi G. Goebel on behalf of Patrick Lambert (Goebel, Heidi)
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Filing 22
Summons Issued Electronically as to Luke Rasmussen. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 21
Summons Issued Electronically as to David Warren. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 20
Summons Issued Electronically as to Devin Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 19
Summons Issued Electronically as to Mike Mees. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 18
Summons Issued Electronically as to Patrick Lambert. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 17
Summons Issued Electronically as to Paul Sweat. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 16
Summons Issued Electronically as to David Lund. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 15
Summons Issued Electronically as to Burke Staheli. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 14
Summons Issued Electronically as to Bryan Durst. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 13
Summons Issued Electronically as to Brent Strate. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 12
Summons Issued Electronically as to Amber Shill. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 11
Summons Issued Electronically as to Jerre Holmes. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 10
Summons Issued Electronically as to Marilyn Richards. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 9
Summons Issued Electronically as to Robert Cuff. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 8
Summons Issued Electronically as to Utah High School Activities Association. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg)
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Filing 7
NOTICE OF STATUS AND SCHEDULING CONFERENCE AND ORDER - Status and Scheduling Conference set for 10/11/2024 at 09:30 AM in SLCU - CVB *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. Additionally, the court ORDERS Plaintiff to direct service of its (1) Complaint, (2) Motion for Temporary Restraining Order and Preliminary Injunction, (3) Motion to Expedite Briefing and Hearing, and (4) this Notice of Hearing and Order on each Defendant no later than the end of the day tomorrow, October 9, 2024. Plaintiff must file proof of service, or notice that Defendants have waived service. Signed by Judge Robert J. Shelby on 10/8/2024. (mh)
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Filing 6
MEMORANDUM in Opposition re #3 MOTION to Expedite Briefing and Hearing filed by Defendants Robert Cuff, Utah High School Activities Association. Attorney D. Craig Parry added to party Robert Cuff(pty:dft), Attorney D. Craig Parry added to party Utah High School Activities Association(pty:dft)(Parry, D.)
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Filing 5
ORDER OF RECUSAL District Judge Ann Marie McIff Allen recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Signed by District Judge Ann Marie McIff Allen on 10/8/2024. (mh)
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Filing 4
NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 10/11/2024 at 09:30 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM Information will be emailed to counsel. (mjm)
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District Judge Ann Marie McIff Allen added. Case number will now read 2:24-cv-00751-AMA. Please make changes to document captions accordingly. (sg)
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Filing 3
MOTION to Expedite Briefing and Hearing filed by Plaintiff Zachary Szymakowski. (Jordan, David)
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Filing 2
MOTION for Temporary Restraining Order and Memorandum in Support , MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Zachary Szymakowski. (Attachments: #1 Exhibit A - Szymakowski Declaration, #2 Exhibit B - Larson Declaration, #3 Exhibit C - 9-10-24 Letter, #4 Exhibit D - 9-18-24 Letter)(Jordan, David)
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Filing 1
COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against All Defendants (Filing fee $ 405, receipt number AUTDC-5206812) filed by Zachary Szymakowski. (Attachments: #1 Civil Cover Sheet) (Jordan, David)
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