Case: Redmond v. Bigelow

Redmond v. Crowther

U.S. Court of Appeals for the Tenth Circuit

Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 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. (rls) (Entered: 06/03/2013)

COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-1842066), filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Farrell, Leah) (Entered: 06/03/2013)

1 Civil Cover Sheet Civil Cover Sheet

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**RESTRICTED DOCUMENT**Summons Issued Electronically as to FNU Anderson. 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. (jds) (Entered: 06/05/2013)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Alfred Bigelow. 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. (jds) (Entered: 06/05/2013)

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Robert Powell. 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. (jds) (Entered: 06/05/2013)

Defendant's MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 06/11/2013)

NOTICE OF ADR, e-mailed or mailed to Defendants FNU Anderson, Alfred Bigelow, Robert Powell, Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (alp) (Entered: 06/11/2013)

NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants FNU Anderson, Alfred Bigelow, Robert Powell, Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Form due by 6/26/2013. (alp) (Entered: 06/11/2013)

RECEIVED Consent/Reassignment Form from Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (alp) (Entered: 06/12/2013)

CLERKS ORDER of Granting Extension of time to file response re 2 Complaint on or before 7/12/13 signed by LSY (alp) (Entered: 06/13/2013)

DOCKET TEXT ORDER granting 6 Defendants' MOTION for Extension of Time to File Answer re: 2 Complaint. Answer deadline updated for All Defendants. Answers due 07/12/2013. Signed by Magistrate Judge Paul M. Warner on 06/12/2013. (docket text order; no attached document) (jcd) (Entered: 06/12/2013)

RECEIVED Consent/Reassignment Form from Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond. (alp) (Entered: 06/13/2013)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to Robert Powell served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to Alfred Bigelow served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson as to FNU Anderson served on 6/7/2013, answer due 7/12/2013. (Attachments: # 1 Exhibit Court Ordered Summons)(Farrell, Leah) (Entered: 06/14/2013)

All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Paul M. Warner no longer assigned to the case. (alp) (Entered: 06/27/2013)

Defendant's MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendants FNU Anderson, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 07/11/2013)

ORDER granting 17 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for FNU Anderson answer due 7/19/2013; Alfred Bigelow answer due 7/19/2013; Robert Powell answer due 7/19/2013. Signed by Judge Dale A. Kimball on 7/12/13. (jlw) (Entered: 07/12/2013)

ANSWER to Complaint with Jury Demand filed by Robert Powell.(Kaiser, Kyle) (Entered: 07/18/2013)

ANSWER to Complaint with Jury Demand filed by Alfred Bigelow.(Kaiser, Kyle) (Entered: 07/18/2013)

ANSWER to Complaint with Jury Demand filed by FNU Anderson.(Kaiser, Kyle) (Entered: 07/18/2013)

NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asp) (Entered: 07/19/2013)

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Amy Pehrson, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 9/12/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (alp) (Entered: 07/19/2013)

Joint MOTION for Disclosure of Records filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 08/21/2013)

ORDER granting 24 Motion for Disclosure. Signed by Judge Dale A. Kimball on 8/21/13. (jlw) (Entered: 08/21/2013)

REPORT OF ATTORNEY PLANNING MEETING. (Mejia, John) (Entered: 08/22/2013)

SCHEDULING ORDER FOR PHASE ONE OF BIFURCATED DISCOVERY: Initial Pretrial Hearing set for September 12, 2013, at 10:30 a.m. is vacated. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 8/28/13. (jlw) (Entered: 08/28/2013)

Joint MOTION to Take Deposition from Nick Watson, George Monfort, Daniel Lassche and Kraig Canfield filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 09/03/2013)

ORDER granting 28 Motion to Take Depositions from Nick Watson, George Monfort, Daniel Lassche, and Kraig Canfield. Signed by Judge Dale A. Kimball on 9/4/13 (alt) (Entered: 09/04/2013)

NOTICE of Appearance by Eric K. Jenkins on behalf of All Plaintiffs (Jenkins, Eric) (Entered: 09/05/2013)

MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Jenkins, Eric) (Entered: 09/05/2013)

Joint MOTION to Take Deposition from Timothy K. Redmond filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 09/10/2013)

ORDER granting 32 Motion to Take Deposition from Timothy Redmond. Signed by Judge Dale A. Kimball on 9/10/13. (jlw) (Entered: 09/10/2013)

MOTION for Writ of Habeas Corpus ad testificandum re: Timothy Redmond filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order Writ of Habeas Corpus Ad Testificandum)(Kaiser, Kyle) (Entered: 09/19/2013)

Writ of Habeas Corpus ad Testificandum Issued as to Timothy Redmond for 09/20/2013 before Judge Dale A. Kimball (asp) (Entered: 09/19/2013)

Defendant's MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class and Memorandum in Support until October 28, 2013 and extension for Plaintiffs' Reply until November 14, 2013 filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 10/17/2013)

ORDER granting 36 Motion for Extension of Time to File Response/Reply re 31 MOTION to Certify Class and Memorandum in Support . Responses due by 10/28/2013. Signed by Judge Dale A. Kimball on 10/17/13. (jlw) (Entered: 10/17/2013)

MOTION for Leave to File Excess Pages for Opposition Memorandum filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 10/28/2013)

MOTION to Seal Exhibits Filed in Support of Defendants' Opposition to Motion for Class Certification filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 10/28/2013)

MEMORANDUM in Opposition re 31 MOTION to Certify Class and Memorandum in Support filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-Facility Diagram Filed Under Seal, # 3 Exhibit 2- Board of Pardons Records, # 4 Exhibit 3- Deposition Transcript of Tim Redmond, # 5 Exhibit 4- Deposition Transcript of Kraig Canfield, # 6 Exhibit 5- Deposition Transcript of George Monfort, # 7 Exhibit 6- Deposition Transcript of Daniel Lassche, # 8 Exhibit 7- Deposition Transcript of Nick Watson, # 9 Exhibit 8- Olympus Central Shift Log Filed Under Seal, # 10 Exhibit 9- Olympus Housing Shift Log Filed Under Seal, # 11 Exhibit 10- Declaration of Robert Powell, # 12 Exhibit 11- Declaration of Billie Casper, # 13 Exhibit 12- incident Report Filed Under Seal)(Kaiser, Kyle) (Entered: 10/28/2013)

ORDER granting 38 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 10/29/13. (jlw) (Entered: 10/29/2013)

ORDER granting 39 Motion to Seal. Signed by Judge Dale A. Kimball on 10/29/13. (jlw) (Entered: 10/29/2013)

**SEALED DOCUMENT** Exibits 1, 8, 9 & 12 re 40 Memorandum in Opposition to Motion filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 12)(jlw) (Entered: 10/31/2013)

MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition to Motion,,, and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 11/07/2013)

ORDER granting 44 Motion for Extension of Time to File Response/Reply. Replies due by 11/25/2013. Signed by Judge Dale A. Kimball on 11/7/13. (jlw) (Entered: 11/07/2013)

Second MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition to Motion,,, and Memorandum in Support [Unopposed Motion] filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 11/21/2013)

ORDER granting 46 Motion for Extension of Time to File Response/Reply. Replies due by 12/9/2013. Signed by Judge Dale A. Kimball on 11/21/13. (jlw) (Entered: 11/21/2013)

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 12/05/2013)

ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 12/6/13. (jlw) (Entered: 12/06/2013)

REDACTION to 31 MOTION to Certify Class and Memorandum in Support Reply Memorandum ISO Motion for Class Certification by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1: George Monfort Deposition, # 2 Exhibit 3: Powell Declaration, # 3 Exhibit 4: Daniel Lassche Deposition, # 4 Exhibit 5: Kraig Canfield Deposition, # 5 Exhibit 6: Tim K. Redmond Deposition, # 6 Exhibit 7: Nick Watson Deposition)(Jenkins, Eric) (Entered: 12/09/2013)

NOTICE OF CONVENTIONAL FILING filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 50 Redacted Document,, Unredacted Reply Memo ISO Motion for Class Certification and Exhibit 2: Hill Video (Jenkins, Eric) (Entered: 12/09/2013)

**SEALED DOCUMENT** Reply Memorandum in Support of 31 MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Exhibit containing video (entitled "Hill video") has been placed in permanent storage. (jlw) (Entered: 12/10/2013)

REPLY to Response to Motion re 31 MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1 George Monfort Depo, # 2 Exhibit 2 Hill Video Previously Filed Under Seal [Dkt 52], # 3 Exhibit 3 Powell Declaration, # 4 Exhibit 4 Daniel Lassche Depos, # 5 Exhibit 5 Kraig Canfield Depo, # 6 Exhibit 6 Tim K. Redmond Depo, # 7 Exhibit 7 Nick Watson Deposit)(Jenkins, Eric) (Entered: 12/16/2013)

NOTICE OF HEARING ON MOTION re: 31 MOTION to Certify Class : (Notice generated by Chambers) Motion Hearing is set for Wednesday, 4/2/2014 at 03:00 PM in Room 150 (Clerks Office) before Judge Dale A. Kimball. (kmj) (Entered: 02/06/2014)

Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 4/2/2014 re 31 MOTION to Certify Class and Memorandum in Support filed by George Monfort, Kraig Canfield, Timothy Redmond, Daniel Lassche, Nick Watson. The Court heard the arguments of counsel and took the motion under advisement. Attorney for Plaintiff: Karra Porter & John Mejia. Attorney for Defendant: Kyle Kaiser & Joni Jones. Court Reporter: Patti Walker. (kmj) (Entered: 04/02/2014)

MEMORANDUM DECISION granting 31 Motion to Certify Class. The court certifies two subclasses-a Damages Class and an Injunctive Class. The court also certifies the named Plaintiffs as class representatives, and certifies Plaintiffs' counsel as Class Counsel. Signed by Judge Dale A. Kimball on 6/17/14. (jlw)

Stipulated MOTION for Extension of Time to file a Proposed Schedule Order filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 07/07/2014)

ORDER granting 57 Motion for Extension of Time to File Proposed Scheduling Order. Signed by Judge Dale A. Kimball on 7/8/2014. (jds) (Entered: 07/08/2014)

Stipulated MOTION for Scheduling Order filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 07/17/2014)

ORDER granting 59 Motion for Scheduling Order Amended Pleadings due by 10/17/2014. Joinder of Parties due by 10/17/2014. Discovery due by 3/30/2015. Motions due by 5/29/2015. Final Pretrial Conference set for 11/2/2015 02:30 PM in Rm 3.400 before Judge Dale A. Kimball. 5 Day Jury Trial set for 11/16/2015 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 7/18/2014. (jds) (Entered: 07/18/2014)

Stipulated MOTION for Extension of Time Deadline for Motions to Amend Pleadings and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Jenkins, Eric) (Entered: 10/14/2014)

ORDER granting 61 Stipulated Motion to Extend Deadline for Motions to Amend Pleadings. All motions to amend pleadings are now due no later than seven days after defendants have served their responses to plaintiffs first set of written discovery. Signed by Judge Dale A. Kimball on 10/15/2014. (jds) (Entered: 10/15/2014)

NOTICE of Change of Address by Eric K. Jenkins Effective December 8, 2014 (Jenkins, Eric) (Entered: 11/22/2014)

Stipulated MOTION for Scheduling Order, Second Amended, filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order)(Mejia, John) (Entered: 12/09/2014)

ORDER granting 64 Second Amended Motion for Scheduling Order Amended Pleadings due by 12/19/2014. Joinder of Parties due by 12/19/2014. Discovery due by 7/1/2015. Motions due by 8/28/2015. Final Pretrial Conference set for 3/21/2016 at 02:30 PM in Rm 3.400 before Judge Dale A. Kimball. 5 Day Jury Trial set for 4/4/2016 at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 12/12/2014. (jds) (Entered: 12/15/2014)

MOTION to Amend/Correct Complaint for Damages, and for Class-Wide Declaratory and Injunctive Relief filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit 1 - Amended Complaint)(Porter, Karra) (Entered: 12/19/2014)

RESPONSE to Motion re 66 MOTION to Amend/Correct Complaint for Damages, and for Class-Wide Declaratory and Injunctive Relief filed by Defendants Neil Andersen, Alfred Bigelow, Robert Powell. (Kaiser, Kyle) (Entered: 12/31/2014)

ORDER granting 66 Leave to Amend Complaint. Plaintiffs shall file their Amended Complaint within ten days of the date of this Order. Signed by Judge Dale A. Kimball on 1/27/2015. (jds) (Entered: 01/27/2015)

AMENDED COMPLAINT against Neil Andersen, Alfred Bigelow, Scott Crowther, Robert Powell, Jason Nicholes, filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield, Nick Watson. (Porter, Karra) Modified on 3/31/2015: removed unnecessary text, added names of new dfts and struck out names of dfts no longer named in the case (alt) (Entered: 01/29/2015)

WAIVER OF SERVICE Returned Executed filed by Timothy Redmond, George Monfort, Daniel Lassche, Kraig Canfield as to Jason Nicholes Waiver sent on 1/22/2015, answer due 3/23/2015. (Farrell, Leah) (Entered: 02/12/2015)

Modification of Docket re 69 Amended Complaint. Error: Filer did not use prompts to correctly identify parties being added and removed via the amended filing. Opposing counsel could not file their answer as the parties were not added to the case. Correction: Had filer verify changes and then added and removed dft parties from the case and from the entry - also removed unnecessary text from the entry. (alt)

ANSWER to 69 Amended Complaint, with Jury Demand filed by Scott Crowther. Attorney Kyle J. Kaiser added to party Scott Crowther(pty:dft)(Kaiser, Kyle) (Entered: 04/01/2015)

ANSWER to 69 Amended Complaint, with Jury Demand filed by Robert Powell.(Kaiser, Kyle) (Entered: 04/01/2015)

ANSWER to 69 Amended Complaint, with Jury Demand filed by Jason Nicholes.(Kaiser, Kyle) (Entered: 04/01/2015)

EXPERT REPORT of Eldon Vail Witness filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit Vail Expert Report)(Jenkins, Eric) (Entered: 05/01/2015)

1 Exhibit Vail Expert Report

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DESIGNATION OF EXPERTS Donald L. Leach II filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Supplement Copy of Expert Witness Docs)(Kaiser, Kyle) (Entered: 06/02/2015)

MOTION for Extension of Time to File Dispositive Motions and to Exclude Expert Testimony (Unopposed) filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) Modified by changing event type on 8/25/2015 (jwt). (Entered: 08/24/2015)

ORDER granting 76 Motion for Extension of Time to File Dispositive Motions and to Exclude Expert Testimony. Scheduling Order Amended: Dispositive Motion Deadline 9/28/2015; Deadline for Filing Motions to Exclude Expert Testimony 9/28/2015. Signed by Judge Dale A. Kimball on 8/25/2015. (jwt) (Entered: 08/25/2015)

Stipulated MOTION for Extension of Time to File Dispositive Motions and Re-Open Fact Discovery for Deposition filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order) Attorney Joni J. Jones added to party Scott Crowther(pty:dft), Attorney Joni J. Jones added to party Jason Nicholes(pty:dft)(Jones, Joni) (Entered: 09/28/2015)

ORDER granting 78 Stipulated MOTION for Extension of Time to File Dispositive Motions and Re-Open Fact Discovery for Deposition filed by Robert Powell, Scott Crowther, Jason Nicholes. Motions due by 10/12/2015. All other deadlines in the Third Revised Scheduling Order (doc. 77) shall remain in effect. Except that the parties may re-open fact discovery for the purpose of Plaintiffs taking the deposition of Mr. St. Germaine. Signed by Judge Dale A. Kimball on 9/28/2015. (jwt) (Entered: 09/28/2015)

Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit 1 - Neil Anderson Depo Transcript, # 3 Exhibit 2 - Kraig Canfield Depo Transcript, # 4 Exhibit 3 - Nancy Eskelson Depo Transcript, # 5 Exhibit 4 - Daniel R. Gappmayer Depo Transcript, # 6 Exhibit 5 - Daniel Lassche Depo Transcript, # 7 Exhibit 6 - David Maloney Depo Transcript, # 8 Exhibit 7 - Jason McClain Depo Transcript, # 9 Exhibit 8 - George Monfort Depo Transcript, # 10 Exhibit 9 - Jason Nicholes Depo Transcript, # 11 Exhibit 10 - Robert Powell Declaration, # 12 Exhibit 11 - Robert Powell Depo Transcript, # 13 Exhibit 12 - Timothy Redmond Depo Transcript, # 14 Exhibit 13 - Nick Watson Depo Transcript, # 15 Exhibit 14 - Incident Report (filed under seal), # 16 Exhibit 15 - Control Logs (filed under seal), # 17 Exhibit 16 - Video (filed under seal))(Jones, Joni) (Entered: 10/13/2015)

Defendant's MOTION to Seal Document Exhibits Filed in Support of Motion for Summary Judgment filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 10/13/2015)

ORDER granting 81 Motion to Seal Document Exhibits to 80 Defendant's MOTION for Summary Judgment and Memorandum in Support . Signed by Judge Dale A. Kimball on 10/14/2015. (jwt) (Entered: 10/14/2015)

NOTICE OF CONVENTIONAL FILING of Exhibits 14, 15, and 16 filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support (Jones, Joni) (Entered: 10/15/2015)

**SEALED DOCUMENT** Exhibits 14, 15 & 16 re 80 Defendant's MOTION for Summary Judgment filed by Defendants Scott Crowther, Jason Nicholes, Robert Powell (Attachments: # 1 Exhibit 14 - Incident Report, # 2 Exhibit 15 - Control Logs, # 3 Exhibit 16 - James Hill Video - Exhibit is a video file that cannot be uploaded to the docket; disc will be permanently retained in sealed room) (blh) (Entered: 10/15/2015)

NOTICE of Appearance by Lucia Maloy on behalf of Scott Crowther, Jason Nicholes, Robert Powell (Maloy, Lucia) (Entered: 10/27/2015)

Amended NOTICE of Appearance by Lucia Maloy on behalf of Scott Crowther, Jason Nicholes, Robert Powell (Maloy, Lucia) Modified on 11/2/2015 - added amended text (jwt). (Entered: 10/27/2015)

Stipulated MOTION for Extension of Time to File Response/Reply as to 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order Extending Deadline for Opposition Defendants' Motion for Summary Judgment) Attorney Bryson R. Brown added to party Timothy Redmond(pty:pla), Attorney Bryson R. Brown added to party Nick Watson(pty:pla)(Brown, Bryson) (Entered: 11/10/2015)

ORDER granting 87 Motion for Extension of Time to File Response/Reply re 80 Defendant's MOTION for Summary Judgment. Plaintiffs' deadline is extended to 12/8/2015. Signed by Judge Dale A. Kimball on 11/12/2015. (jds) (Entered: 11/12/2015)

Second MOTION for Extension of Time to Oppose Defendants' Motion for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/07/2015)

ORDER granting 89 Motion for Extension of Time. The deadline to file an Opposition to Defendants' Motion for Summary Judgment is December 18, 2015. Signed by Judge Dale A. Kimball on 12/8/2015. (eat) (Entered: 12/08/2015)

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/18/2015)

MEMORANDUM in Opposition re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Exhibit A - Depo of David Maloney, # 2 Exhibit B - Depo of Eric St. Germain, # 3 Exhibit D - Depo of Jason Nicholes, # 4 Exhibit E - Depo of Daniel Gappmayer, # 5 Exhibit F - Depo of Robert Powell, # 6 Exhibit G - Map of Olympus, # 7 Exhibit H - Depo of Jason McClain, # 8 Exhibit I - Depo of Daniel Lassche, # 9 Exhibit J - Depo of Timothy Redmond, # 10 Exhibit K - Depo of Nick Watson, # 11 Exhibit L - Depo of George Monfort, # 12 Exhibit M - Depo of Kraig Canfield, # 13 Exhibit N - Depo of Nancy Eskelson, # 14 Exhibit O - Depo of Tyrell Shephard, # 15 Exhibit P - Depo of Calvin Welch, # 16 Exhibit Q - Depo of Robert Kempe, # 17 Exhibit R - Depo of Neil Andersen, # 18 Exhibit S - Photographs, # 19 Exhibit T - Depo of Eldon Vail, # 20 Exhibit U - Kempe Drawing, # 21 Exhibit V - Chronological Shift Log)(Porter, Karra) (Entered: 12/18/2015)

NOTICE OF CONVENTIONAL FILING of Exhibit C filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 92 Memorandum in Opposition to Motion,,,, (Porter, Karra) (Entered: 12/18/2015)

ORDER granting 91 Motion for Leave to File Excess Pages. Plaintiffs may have an additional 9 pages of argument for a total of 34 pages of argument in their Memorandum in Opposition to Defendants Motion for Summary Judgment 80 . Signed by Judge Dale A. Kimball on 12/21/2015. (eat) (Entered: 12/21/2015)

Modification of Docket: re 92 Memorandum in Opposition to Motion. Exhibits G, P, Q, S, and V of the memorandum were sealed per chambers instruction. Counsel may include these items in a motion to file under seal. (jwt) (Entered: 12/22/2015)

MOTION to Seal and Memorandum in Support Exhibits C, G, P, Q, S, V, W to Memorandum in Opposition to Motion for Summary Judgment filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. (Attachments: # 1 Text of Proposed Order Proposed Order)(Porter, Karra) (Entered: 12/22/2015)

ORDER granting 96 Motion to Seal. Signed by Judge Dale A. Kimball on 12/23/2015. (jwt) (Entered: 12/23/2015)

EXHIBITS filed by Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson re 96 MOTION to Seal and Memorandum in Support Exhibits C, G, P, Q, S, V, W to Memorandum in Opposition to Motion for Summary Judgment, 97 Order on Motion to Seal. (Porter, Karra) (Entered: 12/23/2015)

**SEALED DOCUMENT** Exhibits re 80 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Kraig Canfield, Daniel Lassche, George Monfort, Timothy Redmond, Nick Watson. Exhibit C is a video and is not attached to this entry, but is included on the disk attached to the paper filing. (Attachments: # 1 Exhibit G - Map of Olympus, # 2 Exhibit P - Deposition of Calvin Welch, # 3 Exhibit Q - Deposition of Robert Kempe, # 4 Exhibit S - Photographs, # 5 Exhibit V - Chronological Shift Log, # 6 Exhibit W - Bullet Report)(jwt) (Entered: 12/28/2015)