Maxfield et al v. Henderson et al
| Steve Maxfield, Robert F Kennedy, Jr, Liberty Initiative Fund, Trenton Donn Pool and Accelevate 2020 |
| Diedre M Henderson and Ryan Cowley |
| 4:2023cv00112 |
| December 4, 2023 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #27 Motion to Withdraw #4 First MOTION for Preliminary Injunction. Signed by Judge David Nuffer on 1/18/24 (alt)
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Filing 31
ORDER supplementing #30 Order to Propose Schedule. Signed by Magistrate Judge Paul Kohler on 1/18/24 (alt)
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Filing 30
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 1/18/24 (alt)
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| Filing 29 NOTICE VACATING Status Conference HEARING set for Thursday, 01/25/2024 at 9:00 am before Judge Nuffer (pjd) |
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Filing 28
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler and Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 1/18/2024. (pjd)
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| Filing 27 Stipulated MOTION to Withdraw #4 First MOTION for Preliminary Injunction, 26 Scheduling Conference,,,, filed by Plaintiff Robert F Kennedy, Jr. (Attachments: #1 Text of Proposed Order)(Rossi, Paul) |
| Filing 25 NOTICE VACATING Motion hearing HEARING set for Monday, 12/11/2023 at 1:30 PM before Judge Nuffer (pjd) |
| Filing 26 Minute Entry for proceedings held before Judge David Nuffer: Scheduling Conference held on 12/7/2023. All parties are present by Zoom video conference. The parties stipulated to the State of Utahs offer to give Plaintiff, Robert Kennedy Jr., until March 5, 2024, to obtain the required signatures to be placed on Utahs ballot for President of the United States. The State of Utah agreed to file a response to Plaintiffs Motion for Preliminary Injunction by January 8, 2024, even though such briefing may later be moot. It was also agreed that the hearing for the preliminary injunction scheduled for January 11, 2023, will be cancelled and rescheduled for a video hearing on January 25, 2024, at 9:00 AM. Plaintiff represented that he believes he will be able to get the required signatures by March 5, 2024; the preliminary motion will likely be withdrawn after the signatures are obtained; and the parties will inform the Court if the January 25, 2024, hearing is no longer necessary at a later date. Attorney for Plaintiff: Paul A. Rossi, Joel M. Ban, Attorney for Defendant: Scott D. Cheney, Kyle Kaiser. Court Reporter: Tasha Sisneros.(Time Start: 11:00, Time End: 11:11, Room 2B St. George Zoom Video Conference.)(pjd) |
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Filing 24
ORDER Establishing Briefing Schedule for Preliminary Injunction: Plaintiffs' Motion: Filed December 4, 2023. Defendants' Response: January 8, 2024. Video Hearing (if needed): January 25, 2024, at 9:00 AM. The hearing scheduled for December 11, 2023, is VACATED. Plaintiffs' Motion to Expedite Preliminary Injunction Briefing #5 is MOOT. Signed by Judge David Nuffer on 12/7/23. (dle)
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| Filing 23 NOTICE of Appearance by Scott D. Cheney on behalf of Ryan Cowley, Diedre M Henderson (Cheney, Scott) |
| Filing 22 WAIVER OF SERVICE Returned Executed filed by Steve Maxfield, Robert F Kennedy, Jr, Trenton Donn Pool, Accelevate 2020, Liberty Initiative Fund (Ban, Joel) |
| Filing 21 NOTICE of Appearance by Jason N. Dupree on behalf of Ryan Cowley, Diedre M Henderson (Dupree, Jason) |
| Filing 20 STIPULATION re #4 First MOTION for Preliminary Injunction and Memorandum in Support Joint Proposed Preliminary Injunction Briefing Schedule by Ryan Cowley, Diedre M Henderson. (Kaiser, Kyle) |
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Filing 19
DOCKET TEXT ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Paul A. Rossi for Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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 Judge David Nuffer on 12/6/23 (docket text only - no attached document) (alt)
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| Filing 18 NOTICE OF VIDEO HEARING ON MOTION re: #4 First MOTION for Preliminary Injunction and Memorandum in Support : Motion Hearing set for 12/11/2023 at 01:30 AM in STGU- St George *virtual Court Via Zoom Conference* before Judge David Nuffer. (pjd) |
| Filing 17 Minute Entry for proceedings held before Judge David Nuffer: Scheduling Conference held on 12/6/2023. All parties are present by Zoom video conference. Discussion held on pending motion for preliminary injunction and time line for hearing. The court sets a scheduling conference for tomorrow at 11:00 am for further discussion, when MR. Rossi will be available. The court also sets a tentative date for a hearing on the motion for Monday 12/11/2023 at 1:30 pm. Court Adjudges:( Scheduling Conference set for 12/7/2023 at 11:00 AM in STGU- St George *virtual Court Via Zoom Conference* before Judge David Nuffer.). Attorney for Plaintiff: Joel Ban, Attorney for Defendant: Scott Cheney, Kyle Kaiser, Jason Dupree. Court Reporter: Tasha Sisneros.(Time Start: 11:35, Time End: 11:57, Room 2B 206 (St George).(pjd) |
| Filing 15 NOTICE OF VIDEO HEARING: Scheduling Conference set for 12/6/2023 at 11:30 AM in STGU- St George *virtual Court Via Zoom 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) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Steve Maxfield, Robert F Kennedy, Jr, Trenton Donn Pool, Accelevate 2020, Liberty Initiative Fund.Ryan Cowley served on 12/4/2023, answer due 12/26/2023. (Ban, Joel) |
| Filing 13 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Steve Maxfield, Robert F Kennedy, Jr, Trenton Donn Pool, Accelevate 2020, Liberty Initiative Fund.Diedre M Henderson served on 12/4/2023, answer due 12/26/2023. (Ban, Joel) |
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Filing 12
DOCKET TEXT ORDER taking under advisement #4 Motion for a Preliminary Injunction and #5 Motion to Expedite the Briefing Schedule and Hold a Hearing on December 8, 2023. According to the court docket, service of the Complaint and Preliminary Injunction motion has not been completed on any of the named Defendants even though Plaintiffs represented "Defendants will be served the same day this Court issues the Summons in this action, hopefully no later than the morning of Monday, December 4, 2023 . As soon as service is perfected, a Certificate of Service will be posted on the docket."IT IS HEREBY ORDERED:Plaintiffs' counsel must provide proof of service as soon as each defendant is served and provide the court with the contact information for each defendant's counsel. Proof of service and contact information shall be provided by (a) email to dj.nuffer@utd.uscourts.gov and (b) filing on the docket. After Plaintiffs provide this information, the court will then set a hearing date. Signed by Judge David Nuffer on 12/5/2023. (rjc) Modified on 12/5/2023: corrected entry text per chambers (alt)
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| Filing 11 Summons Issued Electronically as to Ryan Cowley. 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. (sg) |
| Filing 10 Summons Issued Electronically as to Diedre M Henderson. 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. (sg) |
| Modification of Docket re 12 Docket Text Order on Motion for Preliminary Injunction, Motion to Expedite: DTO text originally referred to "Complaint and TRO motion". DTO entry text has now been edited to read "Complaint and Preliminary Injunction motion". (alt) |
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Filing 9
ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge David Nuffer for all further proceedings. Signed by Judge Robert J. Shelby on 12/4/2023. (mh)
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| Filing 8 MOTION for Admission Pro Hac Vice of Paul Rossi , Registration fee $ 50, receipt number 3139731,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 Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool. (Ban, Joel) |
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Filing 7
DOCKET TEXT ORDER re #3 First MOTION for Admission Pro Hac Vice of Paul A Rossi. Plaintiffs' Application for Pro Hac Vice Admission of Paul A. Rossi (ECF 3) does not include the required Motion stating local counsel consents to appear as local counsel. See DUCivR 83-1.1(c)(2). The standard form is available on the court's website at https://www.utd.uscourts.gov/usdc-forms. Counsel may correct the deficiency by filing an amended Motion or filing an errata and linking it to the Motion. Failure to correct the deficiency may result in the court denying the Motion without prejudice. No attached document. Signed by Judge Robert J. Shelby on 12/4/2023. (mh)
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| Filing 6 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool. (Notice generated by Clerk's Office) Form due by 12/26/2023. (sg) |
| Filing 5 MOTION to Expedite Preliminary Injunction Briefing filed by Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool. (Ban, Joel) Modified on 12/4/2023: corrected relief entry text (alt) |
| Filing 4 First MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool. (Ban, Joel) |
| Filing 3 ERROR: MOTION NOT ATTACHED - First MOTION for Admission Pro Hac Vice of Paul A Rossi , Registration fee $ 50, receipt number AUTDC-4895032,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 Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool. (Attachments: #1 Text of Proposed Order)(Ban, Joel) Modified on 12/6/2023: added error text (alt) |
| Filing 2 COMPLAINT against All Plaintiffs (Filing fee $ 405, receipt number AUTDC-4894977) filed by Steve Maxfield, Robert F Kennedy, Jr, Trenton Donn Pool, Accelevate 2020, Liberty Initiative Fund. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Ban, Joel) |
| Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Accelevate 2020, Robert F Kennedy, Jr, Liberty Initiative Fund, Steve Maxfield, Trenton Donn Pool 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 $405.00 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. (sg) Modified on 12/4/2023 (sg) Corrected filing fee amount. |
| Modification of Docket re #5 MOTION to Expedite Preliminary Injunction Briefing. Error: Prompt describing relief sought was not completed correctly. Correction: Repetitive/Unneeded text removed and entry text corrected to read as above. (alt) |
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