Madruga v. Utah High School Activities Association et al
| Colson Madruga |
| Utah High School Activities Association, Board of Education of Washington County School District, Mike Bair, Richard Holmes and Craig Hammer |
| 4:2021cv00089 |
| August 24, 2021 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Civil Rights: Education |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for dft Board of Education of Washington County School District - answer due 11/4/2021. Signed by Magistrate Judge Paul Kohler on 10/22/21 (alt)
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Filing 38
MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendant Board of Education of Washington County School District. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Terry, Rachel)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Attorney Planning Meeting Report: the report is to be filed on or before 11/4/21. Signed by Magistrate Judge Paul Kohler on 10/22/21 (alt)
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Filing 36
Stipulated MOTION for Extension of Time to file Attorney Planning Meeting Report and Memorandum in Support filed by Defendant Board of Education of Washington County School District. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Terry, Rachel)
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Filing 34
ORDER granting #32 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Board of Education of Washington County School District - answer due 10/26/2021. Signed by Magistrate Judge Paul Kohler on 10/11/21 (alt)
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Filing 33
MEMORANDUM DECISION AND ORDER denying #15 Motion for Preliminary Injunction. Signed by Judge David Nuffer on 10/12/21 (alt)
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Filing 32
MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendant Board of Education of Washington County School District. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Terry, Rachel)
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Filing 35
Minute Entry for proceedings held before Judge David Nuffer: Scheduling Conference held on 10/7/2021. Counsel, court, and court reporter present by Zoom video conference. The court has concerns if there is federal question jurisdiction in this matter. Discussion held on #15 the Ex Parte MOTION for Temporary Restraining Order. The plaintiff seeks to prohibit UHSAA from barring him from participation in: (1) UHSAA-sanctioned preseason tournaments that began on October 1, 2021; and (2) official in season tryouts on November 8, 2021. Discussion held on UHSAA Rule Handbooks Art. 1 4. Because plaintiff fails to meet any of the four prongs under the traditional preliminary injunction standard, and for reasons stated on the record, The plaintiff's Motion for TRO is denied (Order to Follow). Counsel are to meet and file a schedule for further proceedings within two weeks. Court Adjudges: Attorney for Plaintiff: Michael Van, John Holiday, Attorney for Defendant: Craig Parry, Mark O. Van Wagoner, Rachel G. Terry. Court Reporter: Kelly Sommerville.(Time Start: 11:00, Time End: 11:59, Room 2B St. George-Zoom.)(pjd)
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Filing 31
DOCKET TEXT ORDER The materials provided by the parties for the October 7, 2021 hearing are appreciated. For the October 7th hearing, Counsel should be prepared to answer specific questions rather than presenting traditional arguments on the #15 Motion. Signed by Judge David Nuffer on 10/4/2021. No attached document. (anf)
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Filing 30
REPLY to Response to Motion re #15 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Ex Parte (Not Sealed) MOTION for Preliminary Injunction and Memorandum in Support and Declaratory Relief filed by Plaintiff Colson Madruga. (Van, Michael)
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Filing 29
DOCKET TEXT ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney John R. Holiday for Colson Madruga.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.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. So ordered by Magistrate Judge Paul Kohler on 9/30/21 (docket text only - no attached document) (alt)
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Filing 28
2nd AMENDED NOTICE OF HEARING: Scheduling Conference reset for 10/7/2021 at 11:00 AM Zoom Video conference before Judge David Nuffer. Hearing moved based on stipulation of counsel.Conference link will be 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)
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Filing 27
DOCKET TEXT ORDER Plaintiff has until noon on Monday, October 4, 2021 to file a Reply to the #23 Memorandum in Opposition and #26 Response to Plaintiff's #15 Motion for Temporary Restraining Order. Plaintiff's Reply should address: (1) Albach v. Odle, 531 F.2d 983 (10th Cir. 1976) and Alerding v. Ohio High School Athletic Ass'n, 779 F.2d 315 (6th Cir. 1985); and (2) address the difference between "playing" for four consecutive years (para. 96 at p. 14 of #15 Motion) and "eligibility" for four consecutive years (at p. 20 of #15 Motion). Signed by Judge David Nuffer on 9/30/2021. No attached document.(anf)
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Filing 26
RESPONSE to Motion re #15 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Ex Parte (Not Sealed) MOTION for Preliminary Injunction and Memorandum in Support and Declaratory Relief filed by Defendant Board of Education of Washington County School District. (Attachments: #1 Exhibit A - UHSAA Handbook)(Terry, Rachel)
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Filing 25
AMENDED NOTICE OF HEARING: Scheduling Conference set for 9/30/2021 at 11:30 AM Zoom video conference before Judge David Nuffer. Additional Scheduling Conference is set for 10/1/2021 at 08:00 AM Zoom Video conference Judge David Nuffer. NOTE: A representative of each party will be prest at both hearings.Conference link will be 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)
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Filing 24
MOTION for Admission Pro Hac Vice of John R. Holiday , Registration fee $ 250, receipt number AUTDC-4125406,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 Colson Madruga. (Attachments: #1 Exhibit 1 Application for Pro Hac Vice Admission, #2 Exhibit 1 Proposed Order Granting Pro Hac Vice Admission)(Van, Michael)
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Filing 23
MEMORANDUM in Opposition re #15 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support Ex Parte (Not Sealed) MOTION for Preliminary Injunction and Memorandum in Support and Declaratory Relief filed by Defendant Utah High School Activities Association. (Attachments: #1 Exhibit UHSAA Handbook, #2 Exhibit Declaration of Thomas Sherwood, #3 Exhibit UHSAA Appeal re Colson Madruga, #4 Exhibit UHSAA Hearing, #5 Exhibit Declaration of Dale Whitlock, #6 Exhibit UHSAA Appeal re Colson Madruga, #7 Exhibit UHSAA Appeal)(Parry, D.)
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Filing 22
NOTICE of Appearance by Mark O. Van Wagoner on behalf of Utah High School Activities Association (Van Wagoner, Mark)
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Filing 21
NOTICE of Appearance by Mark O. Van Wagoner on behalf of Utah High School Activities Association (Van Wagoner, Mark)
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Filing 20
NOTICE FROM THE COURT. Defendants' preliminary response to the #15 motion should include: a. any documentation or other evidence of the March 24, 2021, hearing, and the appeal hearing on April 8, 2021, and any rules or procedures applicable to those hearings; and b. the status of any negotiations or agreements which might bear on the relief sought in the #15 motion. See page 4 of the #15 motion. Signed by Judge David Nuffer on 9/28/2021. No attached document. (anf)
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Filing 19
NOTICE OF VIDEO HEARING: Scheduling Conference set for 9/30/2021 at 11:30 AM Zoom video conference before Judge David Nuffer. Conference link will be 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)
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Filing 18
CLERKS ORDER of Granting Motion for Extension of Time to File Answer re #2 Complaint signed by Anne W. Morgan, Chief Deputy. Answer deadline updated for Utah High School Activities Association to 10/12/2021. (alf)
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Filing 17
DOCKET TEXT ORDER taking under advisement #15 Motion for TRO; taking under advisement #15 Motion for Preliminary Injunction. Defendants must file a preliminary response to the #15 Motion by 4:00 p.m. on Wednesday, September 29, 2021, in preparation for a scheduling hearing and preliminary discussion of issues at 11:30 a.m. on Thursday, September 30, 2021 by Zoom. The Zoom link will be made available to counsel and to others who request it at #dj.nuffer@utd.uscourts.gov. Signed by Judge David Nuffer on 9/27/2021. No attached document. (anf)
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Filing 16
MOTION for Extension of Time for Defendant Utah High School Activities Association Inc. to Answer or Otherwise Respond to Plaintiff's Complaint filed by Defendant Utah High School Activities Association. (Attachments: #1 Text of Proposed Order Order) Motions referred to Paul Kohler.(Parry, D.)
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Filing 15
Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support , Ex Parte (Not Sealed) MOTION for Preliminary Injunction and Memorandum in Support and Declaratory Relief filed by Plaintiff Colson Madruga. (Van, Michael)
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Filing 14
NOTICE of Appearance by D. Craig Parry on behalf of Utah High School Activities Association (Parry, D.)
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Filing 13
CLERKS ORDER granting #11 MOTION for Extension of Time to File Answer re #2 Complaint, signed by AWM, Chief Deputy Clerk. Answer deadline updated for Board of Education of Washington County School District - answer due 10/12/2021 (alt)
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Filing 12
NOTICE OF DEFICIENCY re #11 MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Answer re #2 Complaint. The document is not a Motion requesting an extension re discovery. The clerk will terminate the discovery related motion relief an leave only the Answer deadline related relief. (alt)
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Filing 11
MOTION for Extension of Time to Complete Discovery and Memorandum in Support MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendant Board of Education of Washington County School District. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney Rachel G. Terry added to party Board of Education of Washington County School District(pty:dft)(Terry, Rachel) Modified on 9/21/2021: terminated erroneously selected relief (alt)
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Filing 10
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Board of Education of Washington County School District. 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. (nmt)
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Filing 9
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Craig Hammer. 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. (nmt)
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Mike Bair. 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. (nmt)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Holmes. 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. (nmt)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah High School Activities Association. 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. (nmt)
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Filing 5
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 8/25/2021. (pjd)
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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 8/25/21 (alt)
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Filing 3
NOTICE FROM THE COURT This 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)
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Filing 2
COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402, receipt number AUTDC-4091473) filed by Colson Madruga. (Attachments: #1 Civil Cover Sheet A) Assigned to Judge David Nuffer (Van, Michael)
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Filing 1
Case has been indexed and assigned to Judge David Nuffer. Plaintiff Colson Madruga is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt)
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