Washburn v. City of Orem et al
Plaintiff: Lonnie Washburn
Defendant: Josh Adams, City of Orem, Orem City Police Department and Jason Wolken
Case Number: 2:2024cv00784
Filed: October 17, 2024
Court: U.S. District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Daphne A Oberg
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2024 Opinion or Order Filing 25 DOCKET TEXT ORDER terminating #16 Motion to Dismiss for Failure to State a Claim. Based on Defendants' #24 Notice of Mootness, the #16 Motion to Dismiss is terminated as moot. Signed by Magistrate Judge Daphne A. Oberg on 12/10/2024. No attached document. (gdr)
December 9, 2024 Filing 24 NOTICE of Mootness by Josh Adams, City of Orem, Orem City Police Department, Jason Wolken re 19 Order,, (Church, Matthew)
December 3, 2024 Filing 23 CLERKS ORDER denying #20 Motion for Entry of Default. The Defendants have filed an answer to the Complaint and Amended Complaint. (ECF Nos. #16 , #21 ). Therefore, Defendants have appeared. Accordingly, absent further direction from the court, a default certificate will not be issued and Plaintiff's Motion is DENIED. Signed by Tiffany Brown on 12/3/24. (dle)
December 2, 2024 Filing 22 MEMORANDUM in Opposition re #20 MOTION for Entry of Default as to City of Orem, Utah, Orem City Police Department, Jason Wolken filed by Defendants Josh Adams, City of Orem, Orem City Police Department, Jason Wolken. (Church, Matthew)
December 2, 2024 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Josh Adams, City of Orem, Orem City Police Department, Jason Wolken. (Attachments: #1 Exhibit A- Information, #2 Exhibit B- Affidavit of Probable Cause, #3 Exhibit C- Summons, #4 Exhibit D- Case History for Case No. 241901103) Motions referred to Daphne A. Oberg.(Church, Matthew)
December 2, 2024 Filing 20 MOTION for Entry of Default as to City of Orem, Utah, Orem City Police Department, Jason Wolken, filed by Plaintiff Lonnie Washburn. Motions referred to Daphne A. Oberg. (dle)
November 25, 2024 Opinion or Order Filing 19 DOCKET TEXT ORDER: On November 15, 2024, Plaintiff filed an #17 Amended Complaint, pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure. In general, the filing of an amended complaint as of right renders a previously-filed motion to dismiss moot. If any party contends Defendants' #16 Motion to Dismiss should not be terminated or denied as moot, such party shall file a notice by December 9, 2024, explaining their position. Signed by Magistrate Judge Daphne A. Oberg on 11/25/2024. No attached document.(gdr)
November 19, 2024 Filing 18 NOTICE of Appearance by Kendra M. Brown on behalf of Josh Adams, City of Orem, Orem City Police Department, Jason Wolken (Brown, Kendra)
November 15, 2024 Filing 17 AMENDED COMPLAINT against Josh Adams, City of Orem, Orem City Police Department, Jason Wolken with Jury Demand, filed by Lonnie Washburn. (Attachments: #1 Exhibit Certificate of Service) (dle)
November 15, 2024 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Josh Adams, City of Orem, Orem City Police Department, Jason Wolken. (Attachments: #1 Exhibit A- Information, #2 Exhibit B- Affidavit of Probable Cause, #3 Exhibit C- Summons, #4 Exhibit D- Case History Notes) Motions referred to Daphne A. Oberg. Attorney Matthew David Church added to party Josh Adams(pty:dft), Attorney Matthew David Church added to party City of Orem(pty:dft), Attorney Matthew David Church added to party Orem City Police Department(pty:dft), Attorney Matthew David Church added to party Jason Wolken(pty:dft)(Church, Matthew)
November 8, 2024 Filing 15 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. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh)
October 28, 2024 Filing 14 SUMMONS Returned Executed. Filed by Lonnie Washburn. Summons as to Jason Wolken. (sg)
October 28, 2024 Filing 13 SUMMONS Returned Executed. Filed by Lonnie Washburn. Summons as to City of Orem. (sg)
October 28, 2024 Filing 12 SUMMONS Returned Executed. Filed by Lonnie Washburn. Summons as to Josh Adams. (sg)
October 28, 2024 Filing 11 SUMMONS Returned Executed. Filed by Lonnie Washburn. Summons as to Orem City Police Department. (sg)
October 23, 2024 Filing 10 Remark USMS service packet has been prepared and forwarded to the United States Marshal's for service per dkt #5 . (sg)
October 23, 2024 Filing 9 Summons Issued as to Orem City Police Department. (sg)
October 23, 2024 Filing 8 Summons Issued as to City of Orem. (sg)
October 23, 2024 Filing 7 Summons Issued as to Josh Adams. (sg)
October 23, 2024 Filing 6 Summons Issued as to Jason Wolken. (sg)
October 21, 2024 Opinion or Order Filing 5 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff is ordered to complete and return to the clerks office a summons and service-of-process form for each defendant. These forms (AO-440 and USM-285) are available on the courts website: https://www.utd.uscourts.gov/usdc-forms by November 21, 2024. Upon receipt of the summons and service-of-process form, the clerk is directed to issue the summons(es) and provide the service packet to the United States Marshals. Signed by Magistrate Judge Daphne A. Oberg on 10/21/2024. (kec)
October 17, 2024 Filing 3 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Lonnie Washburn. Form due by 11/7/2024. (mh)
October 17, 2024 Filing 2 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Daphne A. Oberg for review, case file forwarded to Magistrate Judge. (Received by the court on: 10/13/2024) filed by Plaintiff Lonnie Washburn. (kec)
October 17, 2024 Filing 1 COMPLAINT against Josh Adams, City of Orem, Orem City Police Department, Jason Wolken (Originally received by the court on 10/13/2024). (Fee Status: In Forma Pauperis) filed by Lonnie Washburn. (Attachments: #1 Exhibit, #2 Civil Cover Sheet ) Assigned to Magistrate Judge Daphne A. Oberg (kec)

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Defendant: Josh Adams
Represented By: Matthew David Church
Represented By: Kendra M. Brown
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Defendant: City of Orem
Represented By: Matthew David Church
Represented By: Kendra M. Brown
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Defendant: Orem City Police Department
Represented By: Matthew David Church
Represented By: Kendra M. Brown
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Defendant: Jason Wolken
Represented By: Matthew David Church
Represented By: Kendra M. Brown
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Plaintiff: Lonnie Washburn
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