McGhee v. Myriad Genetics Inc et al
| Ebony McGhee |
| Myriad Genetics, Inc. and Kim Chapman |
| 2:2026cv00045 |
| January 16, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2026. A more recent docket listing may be available from PACER.
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Filing 41
DOCKET TEXT ORDER granting #39 Stipulated Motion for Extension of Time to File Reply in support of #26 Myriad Genetics' Motion to Dismiss Amended Complaint. Myriad Genetics' reply is due July 30, 2026. Signed by Magistrate Judge Daphne A. Oberg on 7/9/2026. No attached document. (med)
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Filing 40
DOCKET TEXT ORDER granting #38 Stipulated Motion for Extension of Time to File Response to #34 Kim Chapman's Motion to Dismiss First Amended Complaint. Plaintiff's response is due July 27, 2026. (The parties' proposed deadline of July 24 is a holiday.) Signed by Magistrate Judge Daphne A. Oberg on 7/9/2026. No attached document. (med)
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| Filing 39 Stipulated MOTION for Extension of Time to File Response/Reply as to #26 Defendant's MOTION to Dismiss Amended Complaint filed by Defendant Myriad Genetics, Inc.. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time for Myriad to File Reply in Support of Motion to Dismiss) Motions referred to Daphne A. Oberg.(Derum, Chad) |
| Filing 38 Stipulated MOTION for Extension of Time to File Response/Reply filed by Plaintiff Ebony McGhee. Motions referred to Daphne A. Oberg.(Hushion, Kent) |
| Filing 37 Plaintiff's REPLY to Response to Motion re #26 Defendant's MOTION to Dismiss Amended Complaint filed by Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Exhibit 1 (Myriad Position Statement))(Hushion, Kent) |
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Filing 36
DOCKET TEXT ORDER granting #35 Plaintiff's Unopposed Motion for Leave to File Excess Pages. Plaintiff may file a response to Myriad Genetics Inc.'s motion to dismiss #26 of up to 8,500 words. Signed by Magistrate Judge Daphne A. Oberg on 6/26/2026. No attached document. (med)
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| Filing 35 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Proposed Order) Motions referred to Daphne A. Oberg.(Hushion, Kent) |
| Filing 34 MOTION to Dismiss First Amended Complaint filed by Defendant Kim Chapman. Attorney Paul Hulbert added to party Kim Chapman(pty:dft)(Hulbert, Paul) |
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Filing 33
DOCKET TEXT ORDER granting #32 Stipulated Motion for Extension of Time to File Response to #26 Defendant's MOTION to Dismiss Amended Complaint. The response deadline is extended to June 26, 2026. Signed by Magistrate Judge Daphne A. Oberg on 6/10/2026. No attached document. (med)
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| Filing 32 Second MOTION for Extension of Time to File Response/Reply filed by Plaintiff Ebony McGhee. Motions referred to Daphne A. Oberg.(Hushion, Kent) |
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Filing 31
DOCKET TEXT ORDER. #19 Defendant Myriad Genetics, Inc.'s Motion to Dismiss is DENIED AS MOOT in light of #30 Defendant Myriad Genetics, Inc.'s Notice Regarding Whether Its Original Motion to Dismiss [ECF 19] Is Moot. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 05/29/2026. No attached document. (wsw)
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| Filing 30 NOTICE of Whether its Original Motion to Dismiss [ECF 19] is Moot by Myriad Genetics, Inc. re 29 Order,,, (Derum, Chad) |
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Filing 29
DOCKET TEXT ORDER. "[I]t is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect." Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (cleaned up). No later than Tuesday, June 9, 2026, Defendant Myriad Genetics, Inc. shall accordingly file a notice addressing whether #19 Defendant Myriad Genetics, Inc.'s Motion to Dismiss is moot in light of #20 First Amended Complaint and #26 Defendant Myriad Genetics, Inc.'s Motion to Dismiss Amended Complaint. If Defendant Myriad Genetics, Inc. fails either to file a timely notice or to show cause why the ordinary rule does not apply, the court will deny #19 Defendant Myriad Genetics, Inc.'s Motion to Dismiss as moot. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 05/26/2026. No attached document. (wsw)
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Filing 28
DOCKET TEXT ORDER granting #27 Stipulated Motion for Extension of Time to File Response to #26 Defendant's MOTION to Dismiss Amended Complaint. The response deadline is extended to June 12, 2026. Signed by Magistrate Judge Daphne A. Oberg on 5/18/2026. No attached document. (med)
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| Filing 27 Stipulated MOTION for Extension of Time to File Response/Reply as to #26 Defendant's MOTION to Dismiss Amended Complaint filed by Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Proposed Order) Motions referred to Daphne A. Oberg.(Hushion, Kent) |
| Filing 26 Defendant's MOTION to Dismiss Amended Complaint filed by Defendant Myriad Genetics, Inc.. (Derum, Chad) |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Ebony McGhee. Waiver received from Kim Chapman on 04/20/2026. (Hushion, Kent) |
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Filing 24
DOCKET TEXT ORDER: The time for service under Rule 4(m) of the Federal Rules of Civil Procedure has passed, but no proof of service of Defendant Kim Chapman has been filed. The waiver of service #10 filed January 27, 2026, does not waive service for Ms. Chapman. Within fourteen days, Plaintiff must file either: 1) proof of timely and proper service upon Ms. Chapman, or 2) a document setting forth good cause for failure to timely serve Ms. Chapman, and describing any steps taken to serve her. Signed by Magistrate Judge Daphne A. Oberg on 4/17/2026. No attached document (med)
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Filing 23
DOCKET TEXT ORDER denying #21 Plaintiff's Motion to Waive Local Counsel Requirement Set Forth in DUCivR 83-1.1(2)(C). Plaintiff seeks to waive the local rules' requirement that "[l]ocal counsel must be present when the attorney admitted pro hac vice appears in court, unless the court orders otherwise." DUCivR 83-1.1(c)(2)(C). She argues this requirement imposes an unnecessary burden and expense. But the expense of compensating local counsel does not excuse Plaintiff from complying with the local rules, nor does it justify an order prospectively excusing local counsel from all future court appearances in this case. Accordingly, the motion is denied. Signed by Magistrate Judge Daphne A. Oberg on 4/14/2026. No attached document. (med)
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Filing 22
DOCKET TEXT ORDER REFERRING MOTION #21 Plaintiff's MOTION Waive Local Counsel Requirement Set Forth in DUCivR 83-1.1(2)(C) and Memorandum in Support filed by Ebony McGhee. Motions referred to Daphne A. Oberg. Signed by Judge Howard C. Nielson, Jr., on 4/10/2026. (dle)
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| Filing 21 Plaintiff's MOTION Waive Local Counsel Requirement Set Forth in DUCivR 83-1.1(2)(C) and Memorandum in Support filed by Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Proposed Order)(Hushion, Kent) |
| Filing 20 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Ebony McGhee. (Attachments: #1 Exhibit Employee Agreement, #2 Exhibit Charge No. 014747, #3 Exhibit Charge No. 015014, #4 Exhibit Charge No. 015346, #5 Exhibit EEOC Charge, #6 Exhibit OCRC NORTS, #7 Exhibit Charge No. 014747 Notification Letter, #8 Exhibit Charge No. 015014 Notification Letter, #9 Exhibit Public Record Emails with OCRC, #10 Exhibit EEOC NORTS, #11 Exhibit Charge No. 014747 NORTS, #12 Exhibit Charge No. 015014 NORTS) (Hushion, Kent) |
| Filing 19 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Myriad Genetics, Inc.. (Derum, Chad) |
| Filing 18 RECEIVED Magistrate Availability Form from Defendant Myriad Genetics, Inc.. (mh) |
| Filing 17 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 Defendant Myriad Genetics, Inc.. (Notice generated by Clerk's Office) Form due by 2/26/2026. (mh) |
| Filing 16 RECEIVED Magistrate Availability Form from Plaintiff Ebony McGhee. (mh) |
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Filing 15
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Patrick Kasson for Ebony McGhee.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 1/29/2026. (dle)
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Filing 14
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Kent Hushion for Ebony McGhee.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 1/29/2026. (dle)
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| Filing 13 MOTION for Admission Pro Hac Vice of Patrick Kasson , Registration fee $ 50, receipt number AUTDC-5681392,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 Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission of P. Kasson, #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission)(Egan, Austin) |
| Filing 12 MOTION for Admission Pro Hac Vice of Kent Hushion , Registration fee $ 50, receipt number AUTDC-5681324,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 Plaintiff Ebony McGhee. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission)(Egan, Austin) |
| Filing 11 NOTICE OF DEFICIENCY re #10 Waiver of Service Executed. The docket text references waiver of service for Kim Chapman, however, the Waiver of Service attached does not reflect Ms. Chapman. The clerk requests the filer of the original document to file the Waiver that accepts service on behalf of Kim Chapman. The new pleading will receive a new document number on the docket. (dle) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Ebony McGhee. Waiver received from Myriad Genetics, Inc. and Kim Chapman on 01/23/2026. (Egan, Austin) |
| Filing 9 NOTICE of Appearance by Margaret Kelly on behalf of Myriad Genetics, Inc. (Kelly, Margaret) |
| Filing 8 NOTICE of Appearance by Mitchell M. Longson on behalf of Myriad Genetics, Inc. (Longson, Mitchell) |
| Filing 7 NOTICE of Appearance by Chad R. Derum on behalf of Myriad Genetics, Inc. (Derum, Chad) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 1/22/2026. (dle)
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Filing 5
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/12/2025. (ks)
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Filing 4
DOCKET TEXT 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 Howard C. Nielson, Jr., on 1/20/2026. (dle)
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| Filing 3 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 to Plaintiff Ebony McGhee. (Notice generated by clerks office) Form due by 2/6/2026. (kop) |
| Filing 2 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Kent Hushion, Patrick Kasson for Ebony McGhee. (kop) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5670831) filed by Ebony McGhee. (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Charge, #3 Exhibit C - Notice of Charge, #4 Exhibit D - Ohio Notice of Right to Sue, #5 Exhibit E - EEOC Notice of Right to Sue, #6 Civil Cover Sheet Civil Cover Sheet) (Egan, Austin) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:26-cv-00045-HCN. Please make changes to document captions accordingly. (kop) |
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