Pour v. Utah Army National Guard et al
| Justin Pour |
| Utah Army National Guard, Daniel D. Boyack, Noe S. Vazquez, John Dzieciolowski, Richard M. Johnson, FNU Knight, Michael Holm, Brian Koka, Daniel K. Dygert, Goud Maragani, Timothy Taylor, David Allen Mabey, Penny McCarthy, Naomi L. Chipman and Brian Prusse |
| 2:2025cv00281 |
| April 11, 2025 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 28 First MOTION to Dismiss for Lack of Jurisdiction Amended Complaint filed by Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. (Jeppson, Matthew) |
Filing 27
DOCKET TEXT ORDER granting #26 Stipulated Motion for Extension of Time to Answer. The deadline for all defendants to answer or otherwise respond to the Amended Complaint #21 is extended to September 23, 2025. Signed by Magistrate Judge Daphne A. Oberg on 8/25/2025. No attached document. (med)
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| Filing 26 Stipulated MOTION for Extension of Time to File Answer re #21 Amended Complaint filed by Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. (Attachments: #1 Text of Proposed Order)(Jeppson, Matthew) |
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Filing 25
DOCKET TEXT ORDER denying without prejudice #19 Plaintiff's Motion for Extension of Time to File Motion for Leave to Amend Complaint. No scheduling order has been entered setting a deadline for filing motions to amend pleadings; therefore, there is no deadline to extend. Signed by Magistrate Judge Daphne A. Oberg on 8/22/2025. No attached document. (med)
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Filing 24
DOCKET TEXT ORDER finding as moot #17 Defendants' Motion to Dismiss; finding as moot #18 Plaintiff's Motion for Extension of Time to to Respond to Motion to Dismiss; granting #23 Plaintiff's Motion to Declare Defendants' Motion to Dismiss Moot. Plaintiff filed an Amended Complaint #21 as permitted under Fed. R. Civ. P. 15(a)(1)(B). Therefore, the Amended Complaint is the operative complaint in this case, and Defendants' motion to dismiss the original complaint is moot. Likewise, Plaintiff's motion for extension of time to respond to the motion to dismiss is moot. Signed by Magistrate Judge Daphne A. Oberg on 8/22/2025. No attached document. (med)
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| Filing 23 MOTION to Declare Defendant's #17 Motion to Dismiss Moot filed by Plaintiff Justin Pour. (alf) |
| Filing 22 MEMORANDUM in Opposition re #18 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss and Memorandum in Support filed by Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. (Jeppson, Matthew) |
| Filing 21 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Justin Pour. (Attachments: #1 Amended Civil Cover Sheet, #2 Complaint) (alf) |
| Filing 20 MOTION for Appointment of Counsel, filed by Plaintiff Justin Pour. (sg) |
| Filing 19 MOTION for Extension of Time to file Motion for Leave to Amend Complaint, filed by Plaintiff Justin Pour. (sg) |
| Filing 18 MOTION for Extension of Time to File Response to #17 MOTION to Dismiss and Memorandum in Support , filed by Plaintiff Justin Pour. (sg) (Main Document 18 replaced on 9/8/2025) (kec). |
| Filing 17 MOTION to Dismiss and Memorandum in Support filed by Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. (Jeppson, Matthew) |
| Filing 16 NOTICE OF CONSENT Under DUCivR 72-3, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. (mh) |
| Filing 15 RECEIVED Consent/Reassignment Form from Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. (mh) |
| Filing 14 RECEIVED Consent/Reassignment Form from Plaintiff Justin Pour. (mh) |
| Filing 13 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 72-3, 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Utah Army National Guard, Noe S. Vazquez. Form due by 6/26/2025. (mh) |
| Filing 12 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendants Daniel D. Boyack, Naomi L. Chipman, Daniel K. Dygert, John Dzieciolowski, Michael Holm, Richard M. Johnson, FNU Knight, Brian Koka, David Allen Mabey, Goud Maragani, Penny McCarthy, Brian Prusse, Timothy Taylor, Plaintiff Justin Pour. (alf) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Goud Maragani, FNU Knight, Utah Army National Guard, Brian Prusse, David Allen Mabey, Richard M. Johnson, Daniel D. Boyack, Brian Koka, Timothy Taylor, Naomi L. Chipman, Penny McCarthy, Michael Holm, Noe S. Vazquez, Daniel K. Dygert, John Dzieciolowski. Waiver received from Utah Army National Guard, et al on June 4, 2025. (Jeppson, Matthew) |
| Filing 10 Remark re #9 Order on Motion for Leave to Proceed in forma pauperis, #8 Complaint: The Clerk's Office Staff Attorney has emailed a copy of these documents to Jaqualin Peterson, Bradley Blackham and Justin Anderson at the Utah Attorney General's Office on this date. (alf) |
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Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and Lifting Stay. The Clerks Office Staff Attorney shall email a copy of Mr. Pours complaint and this order to the Utah State Attorney Generals Office as counsel for the defendants. Signed by Magistrate Judge Daphne A. Oberg on 5/22/2025. (alf)
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| Filing 8 Redacted COMPLAINT against All Defendants (Fee Status: IFP Pending) filed by Justin Pour. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T) Assigned to Magistrate Judge Daphne A. Oberg (mh) |
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Filing 7
ORDER TO FILE REDACTED COMPLAINT AND EXHIBITS - Justin Pour's complaint and exhibits reference the name of an alleged sexual assault victim who was a minor at the time of the alleged assault. Mr. Pour is ordered to file redacted versions of his complaint and exhibits by May 12, 2025, redacting all references to the name of the alleged victim (or replacing it with initials). The clerk is directed to seal the unredacted versions of the complaint and exhibits. After the redacted versions are filed, the court will issue an order authorizing service of the complaint on the defendants. Signed by Magistrate Judge Daphne A. Oberg on 4/28/2025. (mh)
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Filing 6
ORDER temporarily granting #2 Motion for Leave to Proceed in forma pauperis. the court will screen his complaint. Other than court forms, Mr. Pour must not file any motions or other documents during the time the case is screened. The time to serve the complaint is tolled until further order of the court. If the action is allowed to proceed, the court will order service of process on the defendant(s). Signed by Magistrate Judge Daphne A. Oberg on 4/15/2025. (kec)
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| Filing 5 Modification of Docket: Error: Defendant Noe S. Vazquez wasn't added at filing. Correction: Clerk added defendant; answer record corrected, re 1 Complaint. (kec) |
| Filing 4 RECEIVED Consent/Reassignment Form from Plaintiff Justin Pour. (mh) |
| 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 72-3, 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Justin Pour. Form due by 5/5/2025. (mh) |
| 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: 4/11/2025) filed by Plaintiff Justin Pour. (kec) |
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