Jenkins et al v. Beaver County et al
| Marsha Gillespie, Camille Topham, Tanner Gillespie, Joshua Horlacher, Kelsie Topham, Richard Topham, LaJuana Robinson, Colby Jenkins and Michael Gillespie |
| Marki Rowley, Davis County, Kali Gleave, Ginger McMullin, Garfield County, Millard County, Chameill Lamb, Brian McKenzie, Iron County, Juab County, Beaver County, Kane County, Jon Whittaker, Camille Moore, Piute County, Tanielle Callaway, Salt Lake County, Lannie K Chapman, Sevier County, Steven C. Wall, Tooele County, Tracy Shaw, Washington County, Ryan Sullivan, Wayne County, Felicia Snow and Deidre Henderson |
| 4:2024cv00063 |
| July 17, 2024 |
| US District Court for the District of Utah |
| David Nuffer |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 NOTICE of Voluntary Dismissal filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham (Young, R.) |
| Civil Case Terminated per #33 Notice - CASE CLOSED. Magistrate Judge Paul Kohler no longer assigned to case (alt) |
Filing 32
ORDER granting #31 Motion for Extension of Time: all defendants have until 9/9/24 to respond to #1 Complaint. Signed by Magistrate Judge Paul Kohler on 8/12/24 (alt)
|
| Filing 31 First MOTION for Extension of Time Answer to Complaint filed by Defendant Washington County. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Clarke, Eric) |
| Filing 30 NOTICE of Appearance by Von J. Christiansen on behalf of Beaver County (Christiansen, Von) |
| Filing 29 NOTICE of Appearance by Eric W. Clarke on behalf of Beaver County, Tanielle Callaway, Kali Gleave, Juab County, Ginger McMullin, Millard County, Piute County, Marki Rowley, Tracy Shaw, Felicia Snow, Tooele County, Wayne County (Clarke, Eric) |
|
Filing 28
ORDER Supplementing #27 Order to Propose Schedule. Signed by Magistrate Judge Paul Kohler on 7/23/24 (alt)
|
|
Filing 27
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 7/23/24 (alt)
|
| Filing 25 Transcript Purchased by: Kyle Kaiser re #24 transcript of 7/19/24 (alt) |
| Filing 24 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO Motion Hearing held on July 19, 2024, before Judge David Nuffer. Court Reporter/Transcriber Tasha A. Sisneros, Telephone number 435-773-5115. NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 8/12/2024. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/23/2024. Release of Transcript Restriction set for 10/21/2024 (alt) |
|
Filing 23
DOCKET TEXT ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Courtney D. Powell for Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.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 Magistrate Judge Paul Kohler on 7/22/24 (docket text only - no attached document) (alt)
|
|
Filing 22
DOCKET TEXT ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Anthony J. Ferate for Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.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 Magistrate Judge Paul Kohler on 7/22/24 (docket text only - no attached document) (alt)
|
|
Filing 21
DOCKET TEXT ORDER REFERRING CASE to 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 7/22/2024. (pjd)
|
| Modification of Docket re #5 MOTION for Temporary Restraining Order. Error: Motion requesting 2 possible reliefs was filed with only one relief selected. Correction: Second relief, "Preliminary Injunction" will be added and entry text corrected. (alt) |
| Filing 20 NOTICE of Appearance by Eric W. Clarke on behalf of Garfield County, Iron County, Camille Moore, Sevier County, Ryan Sullivan, Steven C. Wall, Washington County, Jon Whittaker (Clarke, Eric) |
| Filing 26 Minute Entryfor proceedings held before Judge David Nuffer: Status Conference held on 7/19/2024. All parties are present by Zoom video conference. Counsel makes appearances for the record. The court grants #6 Motion Expedite Hearing on Motion for TRO and Preliminary Injunction filed by Plaintiffs and #7 Motion for Leave to Appear By Video Conference. Discussion held on docket entry #12 DECLARATION of Scott Young and the service status for this hearing. Mr. Young reports that he has received confirmation of service for all parties except Juab County. Discussion held on Utah Code Ann. 20A-3a-401 (5) and (6). Discussion held on evidence regarding cure letters being late or cure opportunity being impaired and evidence of postmarking policies and practice regarding USPS facilities in Las Vegas and Salt Lake City. Discussion held regarding duty to obtain timely postmark on ballot, and on evidence regarding Voter Plaintiffs deposit of ballots before last USPS pickup. For the reasons stated on the record the court denies #5 Motion for Temporary Restraining Order and Preliminary Injunction. Attorney for Plaintiff: Scott Young, Anthony J. Ferate and Courtney D. Powell, Attorney for Defendant: Kyle J. Kaiser, Scott D. Cheney, Stanford Purser, William G. Garbina, Perry Davis, Eric Clarke, Neal C. Geddes, Sam Woodall,. Court Reporter: Tasha Sisneros.(Time Start: 12:01, Time End: 12:43, Room 2B St. George Zoom Video Conference.)(pjd) |
| Filing 19 NOTICE of Appearance by Scott D. Cheney on behalf of Deidre Henderson (Cheney, Scott) |
| Filing 18 NOTICE of Appearance by David A. Miller on behalf of Lannie K Chapman, Salt Lake County (Miller, David) |
| Filing 17 NOTICE of Appearance by William G. Garbina on behalf of Lannie K Chapman, Salt Lake County (Garbina, William) |
| Filing 16 NOTICE of Appearance by Neal C. Geddes on behalf of Davis County, Brian McKenzie (Geddes, Neal) |
| Filing 15 NOTICE OF FILING of Declaration in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction re #5 MOTION for Temporary Restraining Order and Preliminary Injunction (Expedited Hearing Requested) filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Attachments: #1 Exhibit Declaration of Oliver James Semans, Sr.)(Young, R.) |
| Filing 14 NOTICE of Appearance by Kyle J. Kaiser on behalf of Deidre Henderson (Kaiser, Kyle) |
| Filing 13 NOTICE of Appearance by Robert C. Van Dyke on behalf of Kane County (Van Dyke, Robert) |
| Filing 12 DECLARATION of Scott Young, Esq. re #11 Notice (Other), filed by Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Young, R.) |
| Filing 11 NOTICE of Filing Amended Verified Complaint and Service on Defendants by Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham re #9 Amended Complaint (Young, R.) |
| Filing 10 NOTICE OF VIDEO HEARING: Status Conference set for 7/19/2024 at 12:00 PM in STGU- St George *virtual Court Via Zoom Conference* before Judge David Nuffer. (pjd) |
| Filing 9 AMENDED COMPLAINT (Verified) against All Defendants. filed by Richard Topham, Michael Gillespie, Colby Jenkins, Camille Topham, Marsha Gillespie, LaJuana Robinson, Kelsie Topham, Tanner Gillespie, Joshua Horlacher. (Young, R.) |
| Filing 8 NOTICE FROM THE COURT re #6 MOTION to Expedite Hearing on Motion for TRO and Preliminary Injunction , #7 MOTION for Leave to Appear By Video Conference , #5 MOTION for Temporary Restraining Order and Preliminary Injunction (Expedited Hearing Requested).Plaintiffs seek the setting of an expedited hearing on their #5 Motion filed today, July 18, 2024. According to the docket, service of the #1 Complaint and #5 Motion has not been completed on any of the named Defendants. When Plaintiffs' counsel has provided proof of service on all Defendants and provided the court with the contact information for each Defendant's counsel, the court will then set a hearing date and provide notice to all parties. (apm) |
| Filing 7 MOTION for Leave to Appear By Video Conference filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Attachments: #1 Text of Proposed Order)(Young, R.) |
| Filing 6 MOTION to Expedite Hearing on Motion for TRO and Preliminary Injunction filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Young, R.) |
| Filing 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Attachments: #1 Exhibit Proposed Bill, #2 Exhibit Declaration of Voters, #3 Exhibit Declaration of Thomas Makel)(Young, R.). Added MOTION for Preliminary Injunctionand corrected entry text on 7/22/2024 (alt) |
| Filing 4 MOTION for Admission Pro Hac Vice of Courtney D. Powell , Registration fee $ 50, receipt number AUTDC-5127947,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 Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Young, R.) |
| Filing 3 MOTION for Admission Pro Hac Vice of Anthony J. Ferate , Registration fee $ 50, receipt number AUTDC-5127907,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 Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Young, R.) |
| Filing 2 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice e-mailed to attorney A.J. Ferate and Courtney Powell for Colby Jenkins. (kec) |
| Judge David Nuffer added. Case number will now read 4:24-cv-00063-DN. Please make changes to document captions accordingly. (kec) |
| Filing 1 COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against All Defendants (Filing fee $ 405, receipt number AUTDC-5127453) filed by Richard Topham, Michael Gillespie, Colby Jenkins, Camille Topham, Marsha Gillespie, LaJuana Robinson, Kelsie Topham, Tanner Gillespie, Joshua Horlacher. (Attachments: #1 Civil Cover Sheet) (Young, R.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
