Richards et al v. Beaver City et al
| Susan Richards, Jimmy Richards, Paula Richards Kristensen, Jared Richards, Kimberly Richards and Ray R. Richards |
| Beaver City, Beaver Valley Hospital, Olympus Health Inc doing business as Holladay Healthcare Center, Mary Jean Walker APRN, Ensign Healthcare Inc, Ensign Services Inc, The Ensign Group Inc and Matthew Church |
| 2:2025cv00237 |
| March 25, 2025 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Dale A Kimball |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
This docket was last retrieved on September 19, 2025. A more recent docket listing may be available from PACER.
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Filing 52
DOCKET TEXT ORDER granting #51 Motion for Extension of Time to Answer. Defendants Matthew Church; Ensign Healthcare, Inc.; Ensign Services, Inc.; and Olympus Health, Inc. dba Holladay Healthcare Center shall file responses to Plaintiffs' #1 Complaint by September 25, 2025. Answer deadline updated for Matthew Church answer due 9/25/2025; Ensign Healthcare Inc answer due 9/25/2025; Ensign Services Inc answer due 9/25/2025; Olympus Health Inc answer due 9/25/2025. Signed by Magistrate Judge Jared C. Bennett on 09/19/2025. (docket text order; no attached document) (ac)
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| Filing 51 Stipulated MOTION for Extension of Time to file Answer to Plaintiffs' Complaint filed by Defendants Matthew Church, Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Extend Response Deadline for Defendants to Respond to Plaintiff's Complaint) Motions referred to Jared C. Bennett.(Droubay, Christopher) Modified on 9/18/2025 by changing event type to motion for extension of time to file answer (eat). |
Filing 50
DOCKET TEXT ORDER granting #46 Motion for Extension of Time to Answer. Defendants Matthew Church; Ensign Healthcare, Inc.; Ensign Services, Inc.; and Olympus Health, Inc. dba Holladay Healthcare Center shall file responses to Plaintiffs' #1 Complaint by September 18, 2025. Answer deadline updated for Matthew Church answer due 9/18/2025; Ensign Healthcare Inc answer due 9/18/2025; Ensign Services Inc answer due 9/18/2025; Olympus Health Inc answer due 9/18/2025. Signed by Magistrate Judge Jared C. Bennett on 09/05/25. (docket text order; no attached document) (ac)
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| Filing 49 NOTICE of Appearance by Christopher W. Droubay on behalf of Matthew Church, Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc (Droubay, Christopher) |
| Filing 48 NOTICE of Appearance by Shayne Jeramy Ashton on behalf of Matthew Church, Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc (Ashton, Shayne) |
| Filing 47 NOTICE of Appearance by Brian P. Miller on behalf of Matthew Church, Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc (Miller, Brian) |
| Filing 46 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendants Matthew Church, Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Extend Response Deadline for Defendants to Respond to Plaintiff's Complaint) Motions referred to Jared C. Bennett. Attorney Shayne Jeramy Ashton added to party Ensign Services Inc(pty:dft)(Ashton, Shayne) |
| Filing 45 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Ensign Services Inc. (Attachments: #1 Exhibit Summons)(Springer, Ryan) |
| Filing 44 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendants Ensign Healthcare Inc, Ensign Services Inc, Olympus Health Inc. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Extend Response Deadline for Defendants to Respond to Plaintiff's Complaint) Motions referred to Jared C. Bennett. Attorney Shayne Jeramy Ashton added to party Ensign Healthcare Inc(pty:dft), Attorney Shayne Jeramy Ashton added to party Ensign Services Inc(pty:dft), Attorney Shayne Jeramy Ashton added to party Olympus Health Inc(pty:dft)(Ashton, Shayne) |
| Modification of Docket: Attorney Shayne Jeramy Ashton removed as counsel for to Ensign Services Inc. and added as counsel for Matthew Church pursuant to #44 Stipulated MOTION for Extension of Time to File Answer. (eat) |
| Filing 43 REPLY to Response to Motion re #19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Beaver City, Beaver Valley Hospital. (Attachments: #1 Exhibit Exhibit A - Tester v Village of Hamilton Pointe)(Condos, Kody) |
| Filing 42 ERRATA to #28 Memorandum in Opposition to Motion, filed by Plaintiffs Jared Richards, Jimmy Richards, Kimberly Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen . (Springer, Ryan) |
| Filing 41 Defendant's RESPONSE to Motion re #27 Defendant's MOTION to Dismiss Plaintiffs Complaint filed by Defendant Mary Jean Walker APRN. (Rencher, Jaryl) |
Filing 40
ORDER granting #34 Motion for Extension of Time to Serve Defendants. The court HEREBY ORDERS that Plaintiffs shall have an additional 60 days to effect service on the Unserved Defendants. Signed by Magistrate Judge Jared C. Bennett on 8/25/2025. (eat)
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| Filing 39 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Olympus Health Inc. (Attachments: #1 Exhibit Summons Olympus Health, Inc)(Springer, Ryan) |
| Filing 38 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Matthew Church. (Attachments: #1 Exhibit Summons Matthew Church)(Springer, Ryan) |
| Filing 37 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Ensign Healthcare Inc. (Attachments: #1 Exhibit Summons Ensign Healthcare, Inc)(Springer, Ryan) |
Filing 36
DOCKET TEXT ORDER granting #35 Stipulated MOTION for Extension of Time to File Reply in support of #27 Defendant's MOTION to Dismiss Plaintiffs Complaint. The deadline for Defendant Mary Jean Walker APRN to file a reply in support of her Motion to Dismiss is hereby extended to September 2, 2025. Signed by Magistrate Judge Jared C. Bennett on 08/14/2025. (docket text order; no attached document). (lc)
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| Filing 35 Stipulated MOTION for Extension of Time Allowing Defendant Mary Jean Walker through September 2, 2025 to file her Reply filed by Defendant Mary Jean Walker APRN. (Attachments: #1 Text of Proposed Order Order Granting the Parties' Stipulated Motion for Extension of Time) Motions referred to Jared C. Bennett.(Rencher, Jaryl) |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE re #30 Order to Show Cause,,, filed by Jared Richards, Jimmy Richards, Kimberly Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen. (Attachments: #1 Exhibit Exhibits 1-2)(Springer, Ryan) Modified on 8/13/2025 by changing event type to motion for extension of time (eat). |
Filing 33
DOCKET TEXT ORDER granting #32 Stipulated Motion for Extension of Time to File Reply to #19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The deadline for Defendants to file a reply in support of their Motion to Dismiss for Failure to State a Claim is extended to Tuesday, 9/2/2025. Signed by Judge Dale A. Kimball on 8/13/2025. No attached document. (eat)
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| MOTION REFERRED to Magistrate Judge Jared C. Bennett - #34 MOTION for Extension of Time. (eat) |
| Filing 32 Stipulated MOTION for Extension of Time to File Response/Reply as to #27 Defendant's MOTION to Dismiss Plaintiffs Complaint filed by Defendants Beaver City, Beaver Valley Hospital. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Jared C. Bennett.(Condos, Kody) |
| Filing 31 NOTICE OF HEARING ON MOTIONS re: Defendants Beaver City and Beaver Valley Hospital's #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Mary Jean Walker's #27 MOTION to Dismiss (Notice generated by Judge Kimball's Chambers): Motion Hearing is set for 1/22/2026 at 02:00 PM in Rm 3.400 before Judge Dale A. Kimball. (eat) |
Filing 30
ORDER TO SHOW CAUSE. Plaintiffs are hereby ordered to show cause why their action against Olympus Health Inc., dba Holladay Healthcare Center; Ensign Healthcare, Inc.; Ensign Services, Inc.; The Ensign Group, Inc.; and Matthew Church should not be dismissed for lack of prosecution. Plaintiff shall file a response to this order to show cause on or before August 14, 2025, to inform the court of the status of this action against Olympus Health Inc., dba Holladay Healthcare Center; Ensign Healthcare, Inc.; Ensign Services, Inc.; The Ensign Group, Inc.; and Matthew Church and their intentions to proceed. Failure to do so may result in dismissal of this action against these Defendants. Signed by Magistrate Judge Jared C. Bennett on 8/7/2025. (eat)
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| Filing 29 Plaintiff's MEMORANDUM in Opposition re #27 Defendant's MOTION to Dismiss Plaintiffs Complaint filed by Plaintiffs Jared Richards, Jimmy Richards, Kimberly Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen. (Springer, Ryan) |
| Filing 28 Plaintiff's MEMORANDUM in Opposition re #19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Jared Richards, Jimmy Richards, Kimberly Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen. (Springer, Ryan) |
| Filing 27 Defendant's MOTION to Dismiss Plaintiffs Complaint filed by Defendant Mary Jean Walker APRN. Attorney Jaryl L. Rencher added to party Mary Jean Walker APRN(pty:dft)(Rencher, Jaryl) |
Filing 26
ORDER granting #20 Motion to Seal Beaver City and Beaver Valley Hospital's Rule 12(b)(6) Motion to Dismiss. Signed by Magistrate Judge Jared C. Bennett on 6/24/2025. (eat)
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| Filing 25 NOTICE of Appearance by Clayton Hadlock on behalf of Beaver City, Beaver Valley Hospital (Hadlock, Clayton) |
| Filing 24 NOTICE of Appearance by Kody Lynn Condos on behalf of Beaver City, Beaver Valley Hospital (Condos, Kody) |
Filing 23
ORDER granting #22 Stipulated Rule 41 Motion for Partial Dismissal of Plaintiffs' Claims Against Beaver Defendants. Counts IV, V, VI, and VII of the Complaint are DISMISSED WITH PREJUDICE as to Defendants Beaver City and Beaver Valley Hospital. Signed by Judge Dale A. Kimball on 6/24/2025. (eat)
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| Filing 22 Stipulated MOTION to Dismiss Rule 41 Stipulated Partial Dismissal of Plaintiff's Claims Against Beaver Defendants filed by Defendants Beaver City, Beaver Valley Hospital. (Attachments: #1 Text of Proposed Order Proposed Order)(Benard, Blaine) |
| Filing 21 **SEALED DOCUMENT** re #19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Beaver City, Beaver Valley HospitalNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Benard, Blaine) |
| Filing 20 Defendant's MOTION to Seal re #19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Beaver City, Beaver Valley Hospital. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Jared C. Bennett.(Benard, Blaine) |
| Filing 19 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Beaver City, Beaver Valley Hospital. (Attachments: #1 Exhibit 1 Redacted, #2 Exhibit 2 Redacted) Attorney Blaine J. Benard added to party Beaver City (pty:dft), Attorney Blaine J. Benard added to party Beaver Valley Hospital(pty:dft)(Benard, Blaine) |
| Filing 18 Summons Issued Electronically as to Ensign Services Inc. 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. (kop) |
| Filing 17 Summons Issued Electronically as to Olympus Health Inc. 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. (kop) |
| Filing 16 Summons Issued Electronically as to Matthew Church. 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. (kop) |
| Filing 15 Summons Issued Electronically as to The Ensign Group Inc. 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. (kop) |
| Filing 14 Summons Issued Electronically as to Ensign Healthcare Inc. 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. (kop) |
| Filing 13 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Mary Jean Walker APRN. (Springer, Ryan) |
| Filing 12 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Beaver City. (Springer, Ryan) |
| Filing 11 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Beaver Valley Hospital. (Springer, Ryan) |
| Filing 10 SUMMONS Returned Executed. Filed by Kimberly Richards, Jimmy Richards, Ray R. Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. Summons as to Beaver City. (Springer, Ryan) |
| Filing 9 Summons Issued Electronically as to Mary Jean Walker APRN. 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) |
| Filing 8 Summons Issued Electronically as to Beaver City. 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) |
| Filing 7 Summons Issued Electronically as to Beaver City. 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) |
| Filing 6 Summons Issued Electronically as to Beaver Valley Hospital. 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) |
Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 3/27/2025. (eat)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 3/27/2025. (eat)
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| Filing 3 NOTICE OF INELIGIBLE ATTORNEY -Attorney Jeffrey D. Eisenberg, for Plaintiffs Jared Richards, Jimmy Richards, Kimberly Richards, Ray Richards, Susan Richards, Paula Richards Kristensen, 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. (sg) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, 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 [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiffs Jared Richards, Jimmy Richards, Kimberly Richards, Ray Richards, Susan Richards, Paula Richards Kristensen. (Notice generated by Clerk's Office) Form due by 4/16/2025. (sg) |
| Judge Dale A. Kimball added. Case number will now read 2:25-CV-00237-DAK. Please make changes to document captions accordingly. (sg) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 405, receipt number AUTDC-5373690) filed by Kimberly Richards, Jimmy Richards, Ray Richards, Susan Richards, Paula Richards Kristensen, Jared Richards. (Attachments: #1 Civil Cover Sheet) (Springer, Ryan) |
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