Smith v. Brazzle et al
| Daniel Smith |
| Brazzle Constable Service, Abigail Sepos, John Thomas Salisbury, Andre Charles Brazzle and County of Washington |
| Brazzle Constable Service and Andre Charles Brazzle |
| Daniel Smith |
| 4:2024cv00047 |
| May 29, 2024 |
| U.S. District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2025. A more recent docket listing may be available from PACER.
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Filing 38
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants John Thomas Salisbury, Abigail Sepos. Motions referred to Paul Kohler. Attorney Seth D. Needs added to party John Thomas Salisbury(pty:dft), Attorney Seth D. Needs added to party Abigail Sepos(pty:dft)(Needs, Seth)
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Filing 37
Plaintiff's MOTION for Extension of Time Motion to Dismiss by Defendant Washington County and Memorandum in Support filed by Counter Defendant Daniel Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney R. Shane Johnson added to party Daniel Smith(pty:cd)(Johnson, R.)
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Filing 36
MOTION to Disqualify Counsel James Spendlove, in this matter, filed by Plaintiff Daniel Smith (Attachments: #1 Exhibit 1, #2 Exhibit 2) Motion referred to Paul Kohler (alt)
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (re #32 Counterclaim) filed by Counter Defendant Daniel Smith. Motion referred to Paul Kohler (alt)
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Filing 34
CLERKS ORDER granting #31 MOTION for Extension of Time to File Answer re #25 Amended Complaint: answer/response due 7/29/24. Signed by Tiffany Brown (alt)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant County of Washington. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Justice Court Docket, #3 Exhibit 2-Minute Order (June 8 (2022), #4 Exhibit 3-Mot. to Set Aside 2d Default J. (Aug. 25, 2022), #5 Exhibit 4-Order Denying Mot. to Set Aside 2d Default J. (Oct. 4, 2022), #6 Exhibit 5-District Court Docket) Motions referred to Paul Kohler.(Kunz, Barton)
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Filing 32
Brazzle Defendants' ANSWER to #25 Amended Complaint , COUNTERCLAIM against Daniel Smith filed by Brazzle Constable Service, Andre Charles Brazzle.(Ruesch, Benjamin)
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Filing 31
MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants John Thomas Salisbury, Abigail Sepos. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney James Linden Spendlove added to party John Thomas Salisbury(pty:dft), Attorney James Linden Spendlove added to party Abigail Sepos(pty:dft)(Spendlove, James)
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Filing 30
SUMMONS Returned Executed by Daniel Smith. #28 Summons served on John Thomas Salisbury on 6/27/24 (alt)
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Filing 29
SUMMONS Returned Executed by Daniel Smith. #27 Summons served on Abigail Sepos on 6/23/24 (alt)
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Filing 28
Summons Issued Electronically as to John Thomas Salisbury. 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. (kec)
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Filing 27
Summons Issued Electronically as to Abigail Sepos. 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. (kec)
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Filing 26
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 Paul Kohler. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Paul Kohler no longer assigned as the presiding judge to the case. (mh)
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Modification of Docket re #1 Complaint. Error: Dft's party name was added incorrectly at case opening as "Andre Charles Brazzle of Brazzle Constable Service". Correction: Dft party name has been corrected to "Brazzle Constable Service" per Parties information on page 3 of Complaint. (alt)
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Filing 25
AMENDED COMPLAINT against All Defendants filed by Daniel Smith. (alf)
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Filing 24
RECEIVED Consent/Reassignment Form from Defendant County of Washington. (mh)
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Filing 23
ORDER granting re #16 MOTION for Extension of Time to File Answer, #1 Complaint. Answer deadline updated for County of Washington to 7/11/2024. Signed by Magistrate Judge Paul Kohler on 6/20/24. (haa)
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Filing 22
Modification of Docket re #16 MOTION for Extension of Time : Error: The document should have been filed using the event "Motion for Extension of Time to File Answer". Correction: Event type corrected, docket text modified to correct filing. No further action is needed, but please note for future reference. (alf)
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Filing 21
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle, County of Washington. Form due by 7/11/2024. (mh)
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Filing 20
NOTICE of Appearance by Tony G. Jones on behalf of Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle (Jones, Tony)
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Filing 19
Brazzle Defendants' ANSWER to #1 Complaint, filed by Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle.(Ruesch, Benjamin)
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Filing 18
NOTICE of Appearance by Travis Dunsmoor on behalf of Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle (Dunsmoor, Travis)
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Filing 17
NOTICE of Appearance by Benjamin S. Ruesch on behalf of Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle (Ruesch, Benjamin)
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Filing 16
MOTION for Extension of Time to File Answer Response to Complaint and Memorandum in Support filed by Defendant County of Washington. (Kunz, Barton) Modified on 6/20/2024 to correct event type (alf).
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Filing 15
NOTICE of Appearance by Barton H. Kunz, II on behalf of County of Washington (Kunz, Barton)
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Filing 14
Modification of Docket re #12 Summons Returned Executed : the docket entry has been modified to reflect correct service date of 5/30/2024. (alf)
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Filing 13
SUMMONS Returned Executed. Summons served on Andre Charles Brazzle "acting in his official capacity as Washington County Constable", on 5/31/2024. (alf)
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Filing 12
SUMMONS Returned Executed by Daniel Smith. Summons served on County of Washington, on 5/30/2024 5/31/2024. (alf) Modified on 6/4/2024 to correct service date(alf).
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Filing 11
SUMMONS Returned Executed by Daniel Smith. Summons served on Andre Charles Brazzle of Brazzle Constable Service, on 5/31/2024. (alf)
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Filing 10
SUMMONS Returned Executed by Daniel Smith. Summons served on Andre Charles Brazzle, on 5/31/2024. (alf)
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Filing 9
ORDER Supplementing #8 Order to Propose Schedule and to Prepare for Case Management Conference. Signed by Magistrate Judge Paul Kohler on 5/30/2024. (alf)
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Filing 8
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 5/30/2024. (haa)
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Filing 7
Summons Issued as to Andre Charles Brazzle. (sg)
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Filing 6
Summons Issued as to County of Washington. (sg)
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Filing 5
Summons Issued as to Andre Charles Brazzle of Brazzle Constable Service. (sg)
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Filing 4
Summons Issued as to Andre Charles Brazzle. (sg)
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Filing 3
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Daniel Smith. Form due by 6/20/2024. (mh)
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Filing 2
NOTICE of Email Filing and Notification Form by Daniel Smith. (mh)
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Filing 1
COMPLAINT against Andre Charles Brazzle of Brazzle Constable Service, Andre Charles Brazzle, County of Washington (Filing fee $ 405.00, receipt number 6157) filed by Daniel Smith. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Paul Kohler (sg) Modified on 6/21/2024: corrected party name (alt)
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