Romero v. University of Utah et al
| Daniel Thomas Romero |
| University of Utah, University of Utah Health, University of Utah Department of Psychiatry, University of Utah Department of Neurosurgery, University of Utah Neuropsychology Services, University of Utah Psychiatric Neurosurgery/ DBS Committee, Dr. Brent M. Kious, Robert W. Payne, Kelley M. Marsden and University of Utah Police Department |
| 2:2026cv00155 |
| February 25, 2026 |
| U.S. District Court for the District of Utah |
| Jill N Parrish |
| Cecilia M Romero |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2026. A more recent docket listing may be available from PACER.
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| Filing 42 OBJECTIONS - Evidentiary to #40 Notice of Nonelectronic Filing, New Video Evidence Offered in Defendant's Reply and Alternative Request for Limited Leave to Respond, filed by Daniel Thomas Romero. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (dle) |
| Filing 41 EXHIBIT 1 to #39 Reply Memorandum/Reply to Response to #35 MOTION to Dismiss filed by Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee, consisting of four MP4 files on a single USB flash drive.The files are not uploaded to the docket due to non-PDF file type and the drive will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) |
| Filing 40 NOTICE OF NONELECTRONIC FILING of Exhibit 1 - Video Recording of the body worn camera footage filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee re #39 Reply Memorandum/Reply to Response to Motion,, (Gover, Thom) |
| Filing 39 REPLY to Response to Motion re #35 MOTION to Dismiss and Memorandum in Support filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. (Attachments: #1 Exhibit 1 - Video Recording of Body-Worn)(Gover, Thom) |
Filing 38
ORDER granting #37 Defendant's Motion for Leave to File Excess Pages and Motion for Extension of Time. Defendants are granted leave to file a Reply not exceeding 12 pages in length within 2 days of this Order. Signed by Chief Magistrate Judge Cecilia M. Romero on 8/10/2026. (dle)
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| Filing 37 MOTION for Leave to File Excess Pages /File Overlength Brief filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. Motions referred to Cecilia M. Romero.(Gover, Thom). Added MOTION for Extension of Time to File Response/Reply on 8/10/2026 (dle). |
| Filing 36 OPPOSITION to #35 Motion to Dismiss First Amended Complaint, filed by Plaintiff Daniel Thomas Romero. (dle) |
| Filing 35 MOTION to Dismiss and Memorandum in Support filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. (Attachments: #1 Exhibit 1 Patient Request to Amend) Motions referred to Cecilia M. Romero.(Gover, Thom) |
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Filing 34
ORDER granting #32 Motion for Leave. Defendants' Motion to Dismiss shall be filed within 2 days of this Order. Signed by Magistrate Judge Cecilia M. Romero on 7/13/2026. (dle)
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| Filing 33 Defendant's MOTION for Extension of Time to File Answer re #31 Amended Complaint, filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. (Attachments: #1 Text of Proposed Order Granting Motion of Extension of Time) Motions referred to Cecilia M. Romero.(Gover, Thom) |
| Filing 32 MOTION for Leave to File Excess Pages /File Overlength Brief filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. Motions referred to Cecilia M. Romero.(Gover, Thom) |
| Filing 31 AMENDED COMPLAINT against Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee with Jury Demand. filed by Daniel Thomas Romero. (dle) |
| Filing 30 RESPONSE in Opposition to #29 Defendant's Motion to Dismiss, filed by Plaintiff Daniel Thomas Romero. (dle) |
| Filing 29 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. Motions referred to Cecilia M. Romero.(Gover, Thom) |
| Filing 28 NOTICE of Appearance by Julie I. Valdes on behalf of Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee (Valdes, Julie) |
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Filing 27
ORDER granting #26 Motion for Extension of Time to Answer to Complaint. Answer due 6/2/2026. Signed by Magistrate Judge Cecilia M. Romero on 5/20/2026. (dle)
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| Filing 26 Defendant's MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Defendants Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Time to Answer Complaint) Motions referred to Cecilia M. Romero. Attorney Thom M. Gover added to party Brent M. Kious(pty:dft), Attorney Thom M. Gover added to party Kelley M. Marsden(pty:dft), Attorney Thom M. Gover added to party Robert W. Payne(pty:dft), Attorney Thom M. Gover added to party University of Utah(pty:dft), Attorney Thom M. Gover added to party University of Utah Department of Neurosurgery(pty:dft), Attorney Thom M. Gover added to party University of Utah Department of Psychiatry(pty:dft), Attorney Thom M. Gover added to party University of Utah Health(pty:dft), Attorney Thom M. Gover added to party University of Utah Neuropsychology Services(pty:dft), Attorney Thom M. Gover added to party University of Utah Police Department(pty:dft), Attorney Thom M. Gover added to party University of Utah Psychiatric Neurosurgery/ DBS Committee(pty:dft)(Gover, Thom) |
| Filing 25 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to Kelley M. Marsden. (bg) |
| Filing 24 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah Psychiatric Neurosurgery/ DBS Committee. (bg) |
| Filing 23 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah Department of Neurosurgery. (bg) |
| Filing 22 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to Robert W. Payne. (bg) |
| Filing 21 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah Health. (bg) |
| Filing 20 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah Police Department. (bg) |
| Filing 19 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah. (bg) |
| Filing 18 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to Brent M. Kious. (bg) |
| Filing 17 SUMMONS Returned Executed. Filed by Daniel Thomas Romero. Summons as to University of Utah Department of Psychiatry. (bg) |
| Filing 16 REMARK - The clerk's offices received summonses from the Plaintiff and has issued them for Defendants: University of Utah Police Department, University of Utah Health, University of Utah Department of Neurosurgery, University of Utah, Robert W. Payne, Brent M. Kious, Kelley M. Marsden, University of Utah DBS Committee, University of Utah Department of Psychiatry. A service packet comprising the items on the attached cover sheet was prepared for each defendant and hand-delivered to the US Marshal's Office on 4/28/2026 for service per the order of Magistrate Judge Cecilia M. Romero. (bg) |
| Filing 15 Summons Issued as to University of Utah Department of Psychiatry. (bg) |
| Filing 14 Summons Issued as to University of Utah Psychiatric Neurosurgery/ DBS Committee. (bg) |
| Filing 13 Summons Issued as to Kelley M. Marsden. (bg) |
| Filing 12 Summons Issued as to Brent M. Kious. (bg) |
| Filing 11 Summons Issued as to Robert W. Payne. (bg) |
| Filing 10 Summons Issued as to University of Utah. (bg) |
| Filing 9 Summons Issued as to University of Utah Department of Neurosurgery. (bg) |
| Filing 8 Summons Issued as to University of Utah Health. (bg) |
| Filing 7 Summons Issued as to University of Utah Police Department. (bg) |
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Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis - Plaintiff is proceeding in forma pauperis and must provide the court with the names and addresses of each named Defendant so the court can effectuate service. See 28 U.S.C. 1915(d) (The officers of the court shall issue and serve all process and perform all duties in [in forma pauperis] cases.). Plaintiff is ordered to complete and return to the clerks office a summons (form AO 440) and Service of Process (form USM 285) for each defendant. These forms are available on the courts website: https://www.utd.uscourts.gov/usdc- forms. The completed forms must be hand-delivered, mailed, or emailed to the Clerk of Court on or before April 27, 2026. If the information is not provided by the deadline, the matter may be dismissed for failure to prosecute the case. Signed by Magistrate Judge Cecilia M. Romero on 04/13/2026. (sg)
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| Filing 5 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Jill N. Parrish and Magistrate Judge Cecilia M. Romero. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B) Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. Motions referred to Cecilia M. Romero.(mh) |
| Filing 4 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 Daniel Thomas Romero. Form due by 3/19/2026. (jwt) |
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Filing 3
ORDER OF RECUSAL - Magistrate Judge Jared C. Bennett recused. Case reassigned to Magistrate Judge Cecilia M. Romero for all further proceedings Signed by Magistrate Judge Jared C. Bennett on 02/25/2026. (sg)
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| Filing 2 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. (Received by the court on: 2/25/2026) filed by Plaintiff Daniel Thomas Romero. (kop) |
| Filing 1 COMPLAINT against Brent M. Kious, Kelley M. Marsden, Robert W. Payne, University of Utah, University of Utah Department of Neurosurgery, University of Utah Department of Psychiatry, University of Utah Health, University of Utah Neuropsychology Services, University of Utah Police Department, University of Utah Psychiatric Neurosurgery/ DBS Committee (Originally received by the court on 2/25/2026). (Fee Status: pending IFP) filed by Daniel Thomas Romero. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Jared C. Bennett. (kop) |
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