Tracy v. Cohne Kinghorn et al
| Mark Christopher Tracy |
| Cohne Kinghorn, Simplifi Company, Ryan Steve Creamer, Tyson Richard Creamer, Michael Scott Hughes, Kem Crosby Gardner, Walter J. Plumb III, David Bennion, Jeremy Rand Cook, Eric Hawkes, Jennifer Hawkes, David Bradford, Mark Stevens, Brent Tippets, Paul Handy Brown and Gary A. Bowen |
| 2:2026cv00235 |
| March 23, 2026 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Ted Stewart |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 57 NOTICE of Appearance by Carissa A. Uresk on behalf of Kem Crosby Gardner, Walter J. Plumb III (Uresk, Carissa) |
| Filing 56 Reply Memorandum in Support re #32 MOTION to Disqualify Counsel. Filed by Plaintiff Mark Christopher Tracy. (Attachments: #1 Exhibit 1)(mh) |
| Filing 55 Memorandum in Opposition re #29 MOTION Order finding Plaintiff to be a vexatious litigant and entry of an Order requiring Mr. Tracy to post a bond to proceed in this matter, or in the alternative, entry of a pre-filing Order against Mr. Tracy. Filed by Plaintiff Mark Christopher Tracy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Errata A1, #6 Exhibit B1, #7 Exhibit C1, #8 Exhibit D1)(mh) |
| Filing 54 Memorandum in Opposition re #28 MOTION to Dismiss and #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FED. R. CIV. P. 12(b)(1) and (6). Filed by Plaintiff Mark Christopher Tracy. (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)(mh) |
| Filing 53 MOTION for Order Finding Plaintiff Mark Christopher Tracy to be a Vexatious Litigant and Memorandum in Support filed by Defendants Kem Crosby Gardner, Walter J. Plumb III. Motions referred to Daphne A. Oberg.(Reymann, David) |
| Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION for Attorney Fees and Memorandum in Support filed by Defendants Kem Crosby Gardner, Walter J. Plumb III. Motions referred to Daphne A. Oberg.(Reymann, David) |
| Filing 51 NOTICE of Appearance by David C. Reymann on behalf of Kem Crosby Gardner, Walter J. Plumb III (Reymann, David) |
| Filing 50 RESPONSE to Motion re #32 MOTION to Disqualify Counsel Jeremy Rand Cook and Cohne Kinghorn filed by Defendants Cohne Kinghorn, Jeremy Rand Cook. (Attachments: #1 Exhibit A to Opposition to Plaintiff's Motion to Disqualify Defendants Jeremy Rand Cook and Cohne Kinghorn as Legal Counsel)(Cook, Jeremy) |
| Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants David Bennion, Gary A. Bowen. Motions referred to Daphne A. Oberg. Attorney Jeremy R. Cook added to party David Bennion(pty:dft), Attorney Jeremy R. Cook added to party Gary A. Bowen(pty:dft)(Cook, Jeremy) |
| Filing 48 SUMMONS Returned Executed. Filed by Mark Christopher Tracy. Summons as to Kem Crosby Gardner. (bg) |
Filing 47
DOCKET TEXT ORDER striking and terminating #43 Motion for Joinder; terminating #44 Motion for Joinder. The District of Utah's Local Civil Rules provide: "Each party seeking relief from the court must file a motion that identifies the relief sought and grounds for the requested relief. A party may incorporate by reference another party's arguments in the partys own motion, if applicable, but filing a 'Notice of Joinder' is improper." DUCivR 7-1(a)(8). The documents filed by Defendants Gary A. Bowen and David Bennion at Doc. Nos. 43 and 44, each captioned as a "Joinder" in a motion filed by other parties (and designated as a "motion for joinder" in CM/ECF), are improper under this rule. Therefore, these documents are stricken. Defendants Gary A. Bowen and David Bennion may file a motion to dismiss and a motion to designate Plaintiff as a vexatious litigant, and may incorporate by reference the arguments in other parties' motions. Signed by Magistrate Judge Daphne A. Oberg on 5/4/2026. No attached document. (med)
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| Filing 46 Modification of Docket re #41 Defendant's MOTION for Joinder and Memorandum in Support and Motion to Dismiss and MOTION to Dismiss. Tyson Richard Creamer added as a filer per the pleading and chambers. (mh) |
| Filing 45 Modification of Docket re #41 MOTION: By adding MOTION to Dismiss per the pleading. No further action needed. (mh) |
| Filing 44 STRICKEN PER ECF 47 DOCKET TEXT ORDER MOTION for Joinder re #29 MOTION Order finding Plaintiff to be a vexatious litigant and entry of an Order requiring Mr. Tracy to post a bond to proceed in this matter, or in the alternative, entry of a pre-filing Order against Mr. Tracy. filed by Defendants David Bennion, Gary A. Bowen. Motions referred to Daphne A. Oberg.(Hester, Stephen) Modified on 5/4/2026 (mh). |
| Filing 43 STRICKEN PER ECF 47 DOCKET TEXT ORDER MOTION for Joinder re #28 MOTION to Dismiss the Complaint filed by Defendants David Bennion, Gary A. Bowen. Motions referred to Daphne A. Oberg.(Hester, Stephen) Modified on 5/4/2026 (mh). |
| Filing 42 NOTICE of Appearance by Stephen T. Hester on behalf of David Bennion, Gary A. Bowen, David Bradford, Paul Handy Brown, Cohne Kinghorn, Jeremy Rand Cook, Eric Hawkes, Jennifer Hawkes, Michael Scott Hughes, Simplifi Company, Mark Stevens, Brent Tippets (Hester, Stephen) |
| Filing 41 Defendant's MOTION for Joinder and Memorandum in Support and MOTION to Dismiss filed by Defendant Ryan Steve Creamer and Tyson Richard Creamer. Motions referred to Daphne A. Oberg.(Alexander, Wesley). Added MOTION to Dismiss on 5/4/2026 (mh). Modified on 5/4/2026 by adding Tyson Richard Creamer per filing and chambers (mh). |
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Filing 40
DOCKET TEXT ORDER granting in part and denying in part #36 Plaintiff's Motion for Extension of Time to File Responses to #28 Motion to Dismiss and #29 Motion for Order Finding Plaintiff to be a Vexatious Litigant. Mr. Tracy seeks to stay both response deadlines until after a ruling on his #32 Motion to Disqualify Counsel. The court denies this request. However, the deadline to respond to #29 Motion for Order Finding Plaintiff to be a Vexatious Litigant is extended to May 15, 2026 (the same as the deadline to respond to the motion to dismiss). Signed by Magistrate Judge Daphne A. Oberg on 5/1/2026. No attached document. (med)
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| Filing 39 CLERKS ORDER denying #23 MOTION for Entry of Default as to Michael Scott Hughes, #24 MOTION for Entry of Default as to Paul Handy Brown, #25 MOTION for Entry of Default as to Ryan Steve Creamer, #27 MOTION for Entry of Default as to Tyson Richard Creamer. Signed by Tiffany Brown on 4/30/2026. (mh) |
| Filing 38 Modification of Docket re #35 Memorandum in Opposition to Motion: Opposition linked to ECF #27 per the filing and chambers. (mh) |
| Filing 37 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 Paul Handy Brown, Cohne Kinghorn, Jeremy Rand Cook, Ryan Steve Creamer, Tyson Richard Creamer, Eric Hawkes, Jennifer Hawkes, Michael Scott Hughes, Simplifi Company, Mark Stevens, Brent Tippets, Plaintiff Mark Christopher Tracy. (mh) |
| Filing 36 MOTION for Extension of Time to File Response/Reply as to #29 MOTION Order finding Plaintiff to be a vexatious litigant and entry of an Order requiring Mr. Tracy to post a bond to proceed in this matter, or in the alternative, entry of a pre-filing Order against Mr. Tracy and #28 MOTION to Dismiss. Filed by Plaintiff Mark Christopher Tracy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Motions referred to Daphne A. Oberg.(mh) |
| Filing 35 Defendant's MEMORANDUM in Opposition re #25 and #27 MOTION for Entry of Default as to Ryan Steve Creamer filed by Defendant Ryan Steve Creamer. (Alexander, Wesley) Modified on 4/30/2026 by adding #27 per chambers (mh). |
| Filing 34 NOTICE of Appearance by Wesley J. Alexander on behalf of Ryan Steve Creamer (Alexander, Wesley) |
| Filing 33 NOTICE of Appearance by William B. Ingram on behalf of Ryan Steve Creamer (Ingram, William) |
| Filing 32 MOTION to Disqualify Defendants Jeremy Rand Cook and Cohne kinghorn P.C. as Legal Counsel filed by Plaintiff Mark Christopher Tracy. (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, #21 Exhibit U) Motions referred to Daphne A. Oberg.(mh) |
| Filing 31 Case randomly assigned to Judge Ted Stewart. Magistrate Judge Daphne A. Oberg 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. (sg) |
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Filing 30
DOCKET TEXT ORDER: Based on the procedural posture of the case, including some defendants' filing of a motion to dismiss while other defendants have not yet appeared, it is not feasible to obtain all parties' consent to the jurisdiction of a magistrate judge at this time. Accordingly, this case shall be reassigned to a district judge, with an automatic referral under 28 U.S.C. 636(b)(1)(B) to the undersigned magistrate judge, pursuant to DUCivR 72-3(d)(2)(A). Signed by Magistrate Judge Daphne A. Oberg on 4/20/2026. No attached document (med)
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| Filing 29 MOTION Order finding Plaintiff to be a vexatious litigant and entry of an Order requiring Mr. Tracy to post a bond to proceed in this matter, or in the alternative, entry of a pre-filing Order against Mr. Tracy. filed by Defendants David Bradford, Paul Handy Brown, Cohne Kinghorn, Jeremy Rand Cook, Eric Hawkes, Jennifer Hawkes, Michael Scott Hughes, Simplifi Company, Mark Stevens, Brent Tippets. (Attachments: #1 Exhibit A - Decision and Order Denying Motion to Vacate, etc. in Case No. 200905074, #2 Exhibit B - Order Declaring Plaintiff a Vexatious Litigant) Attorney Jeremy R. Cook added to party David Bradford(pty:dft), Attorney Jeremy R. Cook added to party Paul Handy Brown(pty:dft), Attorney Jeremy R. Cook added to party Jeremy Rand Cook(pty:dft), Attorney Jeremy R. Cook added to party Eric Hawkes(pty:dft), Attorney Jeremy R. Cook added to party Jennifer Hawkes(pty:dft), Attorney Jeremy R. Cook added to party Michael Scott Hughes(pty:dft), Attorney Jeremy R. Cook added to party Simplifi Company(pty:dft), Attorney Jeremy R. Cook added to party Mark Stevens(pty:dft), Attorney Jeremy R. Cook added to party Brent Tippets(pty:dft)(Cook, Jeremy) |
| Filing 28 MOTION to Dismiss the Complaint filed by Defendant Cohne Kinghorn, Simplifi Company, Michael Scott Hughes, Jeremy Rand Cook, Eric Hawkes, Jennifer Hawkes, David Bradford, Mark Stevens, Brent Tippets, Paul Handy Brown. (Attachments: #1 Exhibit Decision and Order Denying Motion to Vacate etc. in Case No. 20090504, #2 Exhibit Order Declaring Plaintiff a Vexatious Litigant in Case No. 23CV423435, #3 Exhibit Order Granting in Part and Denying in Part Defendant's Motion for Attorneys' Fees etc. in Case No. 2: 14-cv-701-JNP) Attorney Jeremy R. Cook added to party Cohne Kinghorn(pty:dft)(Cook, Jeremy) Modified on 4/20/2026 by adding additional defendants who filed the Motion to Dismiss (sg). |
| Filing 26 Modification of Docket re #25 MOTION for Entry of Default as to Ryan Steve Creamer. Error: Wrong document was attached as the Proposed Default Certificate. Correction: The correct Proposed Default Certificate has been added to the entry and is also attached to this entry. (alt) |
| Filing 27 MOTION for Entry of Default as to Tyson Richard Creamer filed by Plaintiff Mark Christopher Tracy (Attachments: #1 Affidavit, #2 Proof of Service, #3 Proposed Certificate of Default) (alt) |
| Filing 25 MOTION for Entry of Default as to Ryan Steve Creamer filed by Plaintiff Mark Christopher Tracy (Attachments: #1 Affidavit, #2 Proof of Service, #3 Proposed Certificate of Default) (alt) (Additional attachment(s) added on 4/15/2026: #4 Correct Proposed Default Certificate) (alt). |
| Filing 24 MOTION for Entry of Default as to Paul Handy Brown filed by Plaintiff Mark Christopher Tracy (Attachments: #1 Affidavit, #2 Proof of Service, #3 Proposed Certificate of Default) (alt) |
| Filing 23 MOTION for Entry of Default as to Michael Scott Hughes filed by Plaintiff Mark Christopher Tracy (Attachments: #1 Affidavit, #2 Proof of Service, #3 Proposed Certificate of Default) (alt) |
| Filing 21 SUMMONS Returned Executed. Filed by Mark Christopher Tracy. Summons as to Tyson Richard Creamer. (bg) |
| Filing 20 SUMMONS Returned Executed. Filed by Mark Christopher Tracy. Summons as to Ryan Steve Creamer. (bg) |
| Filing 19 SUMMONS Returned Executed. Filed by Mark Christopher Tracy. Summons as to Paul Handy Brown. (bg) |
| Filing 18 SUMMONS Returned Executed. Filed by Mark Christopher Tracy. Summons as to Michael Scott Hughes. (bg) |
| Filing 22 Summons Issued as to David Bennion. (bg) |
| Filing 16 Summons Issued as to Simplifi Company. (bg) |
| Filing 15 Summons Issued as to Ryan Steve Creamer. (bg) |
| Filing 14 Summons Issued as to Tyson Richard Creamer. (bg) |
| Filing 13 Summons Issued as to Michael Scott Hughes. (bg) |
| Filing 12 Summons Issued as to Kem Crosby Gardner. (bg) |
| Filing 11 Summons Issued as to Walter J. Plumb III. (bg) |
| Filing 10 Summons Issued as to Jeremy Rand Cook. (bg) |
| Filing 9 Summons Issued as to Eric Hawkes. (bg) |
| Filing 8 Summons Issued as to Jennifer Hawkes. (bg) |
| Filing 7 Summons Issued as to David Bradford. (bg) |
| Filing 6 Summons Issued as to Mark Stevens. (bg) |
| Filing 5 Summons Issued as to Brent Tippets. (bg) |
| Filing 4 Summons Issued as to Paul Handy Brown. (bg) |
| Filing 3 Summons Issued as to Gary A. Bowen. (bg) |
| Filing 2 Summons Issued as to Cohne Kinghorn. (bg) |
| Filing 1 COMPLAINT against David Bennion, Gary A. Bowen, David Bradford, Paul Handy Brown, Cohne Kinghorn, Jeremy Rand Cook, Ryan Steve Creamer, Tyson Richard Creamer, Kem Crosby Gardner, Eric Hawkes, Jennifer Hawkes, Michael Scott Hughes, Walter J. Plumb III, Simplifi Company (Filing fee $ 405, receipt number 13521) (Fee Status: Paid) filed by Mark Christopher Tracy. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Daphne A. Oberg, (bg) (Main Document 1 replaced on 3/23/2026) (bg). (Attachment 1 replaced on 3/23/2026) (bg). |
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