Sherratt v. Braithwaite et al
| William Sherratt |
| Robert Braithwaite, Scott Burns, David Doxey, Judge Matthew Bell, Anne Marie McIff Allen, Michael Westfall, Keith Barnes, Mark Gower, Trajan Evans, Scott Garrett, Patrick Nolan, Mark Shurtleff, Jonn Swallow, Sean Reyes, Erin Riley, Heather Chesnut, Fifth District Court, Iron County Attorneys Office and Utah Attorney General's Office |
| 4:2023cv00076 |
| September 26, 2023 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Paul Kohler |
| David Nuffer |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall. Motions referred to Jared C. Bennett.(Strand, Peter) |
| Filing 25 MOTION "for All Filings to be Made in the Southern Region Court" filed by Plaintiff William Sherratt (Attachments: #1 Envelope) Motion referred to Jared C. Bennett (alt) |
| Filing 24 CLERKS ORDER denying #18 MOTION for Entry of Default as to dfts, signed by Tiffany Brown, Staff Attorney (alt) |
| Filing 23 MEMORANDUM in Opposition re #18 MOTION for Entry of Default as to dfts filed by Defendants David Doxey, Trajan Evans, Scott Garrett, Mark Gower, Iron County Attorneys Office. (Hamilton, R.) |
| Filing 22 ERRATA to #2 Notice of Removal,,, filed by Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall . (Attachments: #1 Exhibit Plaintiff's Amended Complaint with Exhibits)(Strand, Peter) |
| Filing 21 RESPONSE to Motion re #18 MOTION for Entry of Default as to dfts filed by Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall. (Strand, Peter) |
| Filing 20 Iron County Defendant's ANSWER to Complaint (Amended) filed by Scott Burns, David Doxey, Trajan Evans, Scott Garrett, Mark Gower, Iron County Attorneys Office.(Hamilton, R.) |
Filing 19
ORDER granting #17 Motion for Extension of Time to Answer re #2 Notice of Removal. Answer deadlines updated for: Anne Marie McIff Allen answer due 11/17/2023; Keith Barnes answer due 11/17/2023; Matthew Bell answer due 11/17/2023; Robert Braithwaite answer due 11/17/2023; Heather Chesnut answer due 11/17/2023; Fifth District Court answer due 11/17/2023; Patrick Nolan answer due 11/17/2023; Sean Reyes answer due 11/17/2023; Erin Riley answer due 11/17/2023; Mark Shurtleff answer due 11/17/2023; Jonn Swallow answer due 11/17/2023; Utah Attorney General's Office answer due 11/17/2023; Michael Westfall answer due 11/17/2023. Signed by Magistrate Judge Jared C. Bennett on 11/2/23 (alt)
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| Filing 17 Second MOTION for Extension of Time to File Answer re #2 Notice of Removal,,, and Memorandum in Support filed by Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Strand, Peter) |
| Filing 18 MOTION for Entry of Default as to Defendants filed by Plaintiff William Sherratt. Motion referred to Jared C. Bennett (alt) |
| Filing 16 NOTICE OF NON-CONSENT - Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge David Nuffer and Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (alf) |
| Filing 15 RECEIVED Consent/Reassignment Form from Defendants Scott Burns, David Doxey, Trajan Evans, Scott Garrett, Mark Gower, Iron County Attorneys Office. (alf) |
| Filing 14 RESPONSE re #13 Brief, filed by Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall. (Strand, Peter) |
| Filing 13 BRIEF entitled "Opposition to this Court taking this Suit from Utah State District Court...." filed by Plaintiff William Sherratt. (alf) |
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Filing 12
ORDER granting #11 MOTION for Extension of Time to File Answer to Amended Complaint contained in #2 Notice of Removal. Answer deadline updated for Scott Burns, David Doxey, Trajan Evans, Scott Garrett, Mark Gower and Iron County Attorneys Office to 11/3/2023. Signed by Magistrate Judge Jared C. Bennett on 10/2/2023. (alf)
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| Filing 11 MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Scott Burns, David Doxey, Trajan Evans, Scott Garrett, Mark Gower, Iron County Attorneys Office. (Attachments: #1 Exhibit A- D.E. 2-6- Return of Service, #2 Exhibit B- D.E. 2-8- Proof of Service, #3 Text of Proposed Order Order Granting Motion to Establish or Extend Time to Answer Amended Complaint)(Hamilton, R.) |
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Filing 10
ORDER granting #7 Motion for Extension of Time to Answer re Complaint contained in #2 Notice of Removal. Answer deadline updated for Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow and Michael Westfall to 11/3/2023. Signed by Magistrate Judge Jared C. Bennett on 9/28/2023. (alf)
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 9/28/2023. (alf)
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| Filing 8 Modification of Docket re #7 MOTION for Extension of Time to File Response/Reply: The document has been modified to correct event type "MOTION for Extension of Time to File Answer". No further action is necessary. (alf) |
| Filing 7 MOTION for Extension of Time to File Answer Response/Reply as to #2 Notice of Removal,,, 002-4 Amended Complaint filed by Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall. (Attachments: #1 Text of Proposed Order)(Strand, Peter) Modified on 9/28/2023 to correct event (alf). |
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Filing 6
ORDER OF RECUSAL Magistrate Judge Paul Kohler recused. Case reassigned to Magistrate Judge Jared C. Bennett for all further proceedings. Signed by Magistrate Judge Paul Kohler on 9/27/2023. (alf)
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| Filing 5 RECEIVED Consent/Reassignment Form from Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Heather Chesnut, Fifth District Court, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office and Michael Westfall. (mh) |
| Filing 4 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Scott Burns, Heather Chesnut, David Doxey, Trajan Evans, Fifth District Court, Scott Garrett, Mark Gower, Iron County Attorneys Office, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall, Plaintiff William Sherratt. Form due by 10/17/2023. (mh) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Scott Burns, Heather Chesnut, David Doxey, Trajan Evans, Fifth District Court, Scott Garrett, Mark Gower, Iron County Attorneys Office, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall, Plaintiff William Sherratt. (haa) |
| Filing 2 NOTICE OF REMOVAL from 5th District, Washington County, case number 230500720, (Filing fee $ 402, receipt number AUTDC-4821027) filed by Jonn Swallow, Robert Braithwaite, Heather Chesnut, Keith Barnes, Mark Shurtleff, Patrick Nolan, Utah Attorney General's Office, Erin Riley, Sean Reyes, Matthew Bell, Anne Marie McIff Allen, Michael Westfall, Fifth District Court. (Attachments: #1 Civil Cover Sheet to Joint Notice of Removal, #2 Exhibit Certificate of Service to State, #3 Exhibit Complaint, #4 Exhibit Amended Complaint, #5 Exhibit Request to Submit, #6 Exhibit Return of Service Chief Dep Clerk, #7 Exhibit Return of Service Utah Attorney General, #8 Exhibit Notice of and Proof of Service on Def) (Strand, Peter) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Paul Kohler. Defendants Anne Marie McIff Allen, Keith Barnes, Matthew Bell, Robert Braithwaite, Scott Burns, Heather Chesnut, David Doxey, Trajan Evans, Fifth District Court, Scott Garrett, Mark Gower, Iron County Attorneys Office, Patrick Nolan, Sean Reyes, Erin Riley, Mark Shurtleff, Jonn Swallow, Utah Attorney General's Office, Michael Westfall are directed to E-File the Notice of Removal 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. (haa) |
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