Maxfield et al v. Herbert et al
Plaintiff: Steven G. Maxfield, Morris Maxfield, Daniel Newby and Lori Newby
Defendant: Gary Herbert and Spencer Cox
Case Number: 4:2020cv00057
Filed: June 10, 2020
Court: US District Court for the District of Utah
Presiding Judge: Paul Kohler
Referring Judge: David Nuffer
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2020 Filing 24 Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Case Management Conference held on 8/6/2020. Counsel, court and court reporter present by Zoom video conference. Discussion heard on the allegations stated in the complaint and current scheduling order. Court adjourned. Attorney for Plaintiff: Michael J. Teter, Andres F Morelli, Attorney for Defendant: Lance F. Sorenson. Court Reporter: Kelly Sommerville.(Time Start: 2:00, Time End: 2:09, Room 2B St. George.)(pjd)
July 29, 2020 Filing 23 NOTICE OF HEARING: (Notice generated by jlh) Case Management/Scheduling Conference set for 8/6/2020 at 02:00 PM in Room 2B (St George) before Magistrate Judge Paul Kohler. This hearing will be held through Zoom. A link will be emailed to counsel. (jlh)
July 16, 2020 Opinion or Order Filing 22 ORDER granting #21 Motion to Withdraw Plaintiffs' Motion for Preliminary Injunction. Motion for Preliminary Injunction #7 is withdrawn. Signed by Magistrate Judge Paul Kohler on 7/16/2020. (jds)
July 15, 2020 Filing 21 Plaintiff's MOTION to Withdraw Motion for Preliminary Injunction filed by Plaintiffs Morris Maxfield, Steven G. Maxfield, Daniel Newby, Lori Newby. (Attachments: #1 Text of Proposed Order PROPOSED ORDER GRANTING MOTION TO WITHDRAW PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION) Motions referred to Paul Kohler.(Morelli, Andres)
July 15, 2020 Opinion or Order Filing 20 ORDER granting #19 Motion for Briefing Schedule re #18 Motion for Judgment on the Pleadings (and any cross motion). Signed by Magistrate Judge Paul Kohler on 7/15/20 (alt)
July 15, 2020 Modification of Docket re #19 MOTION for Briefing Schedule re #18 Motion for Judgment on the Pleadings. Error: Wrong motion relief, "Scheduling Order" was selected. Correction: Motion relief corrected to "Misc Relief" and linked to related motion to reflect actual relief requested. (alt)
July 13, 2020 Filing 19 Stipulated MOTION for Briefing Schedule re #18 Motion for Judgment on the Pleadings filed by Defendants Spencer Cox, Gary Herbert. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Sorenson, Lance) Modified on 7/15/2020: corrected motion relief (alt)
July 1, 2020 Filing 18 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiffs Morris Maxfield, Steven G. Maxfield, Daniel Newby, Lori Newby. (Teter, Michael)
June 30, 2020 Filing 17 NOTICE OF HEARING: Case Management Conference & Scheduling Conference set for 8/6/2020 at 02:00 PM in Judges Chambers before Judge David Nuffer. The Attorney Planning Meeting Report must be filed and the Proposed Scheduling Order must be emailed in word processing format to dj.nuffer@utd.uscourts.gov at least one week before the Conference.Conference link emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information (pjd)
June 29, 2020 Opinion or Order Filing 16 ORDER granting #14 Motion for Extension of Time. Signed by Magistrate Judge Paul Kohler on 6/29/20 (alt)
June 29, 2020 Filing 15 ANSWER to Complaint filed by Spencer Cox, Gary Herbert.(Sorenson, Lance) Modified on 6/29/2020: entry text corrected (alt)
June 26, 2020 Filing 14 Stipulated MOTION for Extension of Time Motion for Preliminary Injunction filed by Defendants Spencer Cox, Gary Herbert. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Sorenson, Lance)
June 22, 2020 Opinion or Order Filing 13 SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 8/7/2020-plas, due by 8/21/2020-dfts. Fact Discovery due by 9/15/2020. Motions due by 10/16/2020. Final Pretrial Conference set for 3/11/2021 at 08:30 AM in Room 2B (St George) before Judge David Nuffer. 1-Day Bench Trial set for 3/23/2021 at 08:15 AM in Room 2B (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 6/22/20 (alt)
June 22, 2020 Filing 12 DOCUMENTS LODGED consisting of Emails from Counsel Re Need for Trial. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (pjd)
June 19, 2020 Filing 11 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Wolf, David)
June 18, 2020 Filing 10 NOTICE of Appearance by Lance F. Sorenson on behalf of Spencer Cox, Gary Herbert (Sorenson, Lance)
June 18, 2020 Filing 9 NOTICE of Appearance by David N. Wolf on behalf of Spencer Cox, Gary Herbert (Wolf, David)
June 16, 2020 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Paul Kohler 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Paul Kohler. Signed by Judge David Nuffer on 6/16/2020. (pjd)
June 12, 2020 Filing 7 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Morris Maxfield, Steven G. Maxfield, Daniel Newby, Lori Newby. (Attachments: #1 Exhibit Declaration of Steven Maxfield, #2 Exhibit Declaration of Morris Maxfield, #3 Exhibit Declaration of Daniel Newby, #4 Exhibit Declaration of Lori Newby)(Teter, Michael)
June 12, 2020 Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Spencer Cox. 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. (jl)
June 12, 2020 Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary Herbert. 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. (jl)
June 11, 2020 Opinion or Order Filing 4 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Paul Kohler on 6/11/20 (alt)
June 11, 2020 Filing 3 NOTICE FROM THE COURTThis case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (pjd)
June 10, 2020 Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3605659) filed by Steven G. Maxfield, Morris Maxfield, Daniel Newby, Lori Newby. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Teter, Michael)
June 10, 2020 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Morris Maxfield, Steven G. Maxfield, Daniel Newby is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jl)

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Defendant: Gary Herbert
Represented By: Lance F. Sorenson
Represented By: David N. Wolf
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Defendant: Spencer Cox
Represented By: Lance F. Sorenson
Represented By: David N. Wolf
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Plaintiff: Steven G. Maxfield
Represented By: Andres Felipe Morelli
Represented By: Michael J. Teter
Represented By: Andres F Morelli
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Plaintiff: Morris Maxfield
Represented By: Andres Felipe Morelli
Represented By: Michael J. Teter
Represented By: Andres F Morelli
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Plaintiff: Daniel Newby
Represented By: Andres Felipe Morelli
Represented By: Michael J. Teter
Represented By: Andres F Morelli
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Plaintiff: Lori Newby
Represented By: Andres Felipe Morelli
Represented By: Michael J. Teter
Represented By: Andres F Morelli
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