Case: Brown v. Herbert

2:11-cv-00652 | U.S. District Court for the District of Utah

Filed Date: July 13, 2011

Closed Date: March 9, 2017

Clearinghouse coding complete

Case Summary

On July 13, 2011, the plaintiffs, a Mormon man and four Mormon women who were cohabitating and involved in a polyamorous relationship, filed a lawsuit in the U.S District Court of Utah against the State of Utah under 42 U.S.C. § 1983. The plaintiffs are a self-described "plural family," in which only one couple, the male plaintiff and one of the female plaintiffs, holds an official marriage license. The plaintiffs sought a declaratory judgment that Utah Code Ann. §76-7-101 ("Utah Statute"), whi…

On July 13, 2011, the plaintiffs, a Mormon man and four Mormon women who were cohabitating and involved in a polyamorous relationship, filed a lawsuit in the U.S District Court of Utah against the State of Utah under 42 U.S.C. § 1983. The plaintiffs are a self-described "plural family," in which only one couple, the male plaintiff and one of the female plaintiffs, holds an official marriage license. The plaintiffs sought a declaratory judgment that Utah Code Ann. §76-7-101 ("Utah Statute"), which makes it a crime when a person, "knowing he has a husband or wife or knowing the other person was a husband or wife . . . purports to marry another person or cohabits with another person," violated their rights under the First and Fourteenth Amendments. The plaintiffs began starring in a TLC reality television show in 2010 called "Sister Wives," which documented their lifestyle and religious beliefs. They argued that they had been prosecuted under the Utah Statute solely because of their religious beliefs.

On May 31, 2012, the defendants filed a motion to dismiss for mootness because the plaintiffs had moved to Nevada, and the Utah County Attorney's Office had closed its file on the plaintiffs and adopted a policy ("the UCAO policy") under which the Utah County Attorney would bring bigamy prosecutions only against those who (1) induce a partner to marry through misrepresentation or (2) are suspected of committing a collateral crime such as fraud or abuse. The plaintiffs fell into neither category.

On the same day, the plaintiffs filed a motion for summary judgment.

On Dec. 13, 2013, District Court Judge Clark Waddoups granted the plaintiffs' motion for summary judgment and declared the Utah Statute facially unconstitutional. 947 F.Supp.2d 1170 (2013). The court found that while the cohabitation prong of the statute (the phrase "or cohabits with another person") was facially neutral, it was not operationally neutral and had been used, through a pattern of enforcement, to specifically target religious cohabitations. The court then found that because the cohabitation prong was not operationally neutral it was subject to strict scrutiny under the Equal Protection clause, which it failed. The court further found that the cohabitation prong violated the Due Process clause under the right to privacy as articulated in Lawrence v. Texas, 539 U.S. 558 (2003). Finally, the court found that the cohabitation prong was not articulated with a reasonable degree of clarity and was therefore void for vagueness.

In order to preserve the remainder of the statute, the court severed the phrase "or cohabits with another person" from the law. The court then narrowed the construction of the terms "marry" and "purports to marry," as a broad understanding of these terms would once again give rise to the constitutional dilemmas posed by the cohabitation prong. The court thus ordered a narrowing construction of the terms to "prohibit[] bigamy in the literal sense--the fraudulent or otherwise impermissible possession of two purportedly valid marriage licenses for the purpose of entering into more than one purportedly legal marriage." The court did not address the plaintiffs' claims under 42 U.S.C. § 1983.

On Dec. 20, 2012, the court's judgment on these issues was vacated because the case had mistakenly been closed before the plaintiffs' claims under 42 U.S.C. § 1983 were heard.

On Aug. 27, 2014, Judge Waddoups renewed his ruling that the cohabitation prong violated the constriction as outlined above and granted summary judgment in the plaintiffs' favor. 2014 WL 4249865. The Court further awarded plaintiffs their attorneys' fees, costs, and expenses incurred under 42 U.S.C. § 1988.

On Sept. 24, 2014, the State appealed the district court's decision to the U.S. Court of Appeals for the Tenth Circuit.

On Sept. 4, 2015, the court ordered that judgment in the amount of $242,500 for attorneys' fees in favor of the plaintiffs and against the defendants should be entered.

On May 13, 2016, the U.S. Court of Appeals for the Tenth Circuit denied the petition for en banc review. The panel decided, however, sua sponte, to amend the district court's decision.

The Tenth Circuit found the case had become moot, but the district court nevertheless denied the Utah County Attorney's motion to dismiss the case as moot and instead granted summary judgment to the plaintiffs. Any live case or controversy had been extinguished a year and a half before the district court granted summary judgment to the plaintiffs and over two years before the entry of final judgment. Thus, because the case became moot prior to final adjudication, vacatur and dismissal without prejudice were appropriate.

The plaintiffs appealed the decision to the Supreme Court, but their petition for a writ of certiorari was denied.

On Mar. 9, 2017, pursuant to the Tenth Circuit Court of Appeals' remand instruction, the judgment in favor of the plaintiffs was vacated and the case was dismissed without prejudice.

Summary Authors

Richard Jolly (10/14/2014)

Elizabeth Greiter (1/7/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4402819/parties/brown-v-herbert/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Matheson, Scott Milne Jr. (Utah)

Moritz, Nancy Louise (Kansas)

Waddoups, Clark (Utah)

Attorneys(s) for Plaintiff

Alba, Adam (Utah)

Turley, Jonathan (District of Columbia)

Attorneys(s) for Defendant

Jensen, Jerrold S. (Utah)

Roberts, Thomas D. (Utah)

Shurtleff, Mark L. (Utah)

Other Attorney(s)

Active

Judge(s)

Baldock, Bobby Ray (New Mexico)

Matheson, Scott Milne Jr. (Utah)

Moritz, Nancy Louise (Kansas)

Waddoups, Clark (Utah)

Attorneys(s) for Plaintiff

Alba, Adam (Utah)

Turley, Jonathan (District of Columbia)

Attorneys(s) for Defendant

Jensen, Jerrold S. (Utah)

Roberts, Thomas D. (Utah)

Shurtleff, Mark L. (Utah)

Other Attorney(s)

Parker, Ryan B. (District of Columbia)

Swent, Jeannette F. (Utah)

Documents in the Clearinghouse

Document

2:11-cv-00652

Docket [PACER]

Brown v. Buhman

March 9, 2017

March 9, 2017

Docket
1

2:11-cv-00652

Civil Rights Complaint

Brown v. Buhman

July 13, 2011

July 13, 2011

Complaint
31

2:11-cv-00652

Memorandum and Decision Order

Brown v. Buhman

850 F.Supp.2d 1240

Feb. 3, 2012

Feb. 3, 2012

Order/Opinion
69

2:11-cv-00652

Memorandum Decision and Order [Denying Defendant's Motion to Dismiss]

Brown v. Buhman

2012 WL 3580669

Aug. 17, 2012

Aug. 17, 2012

Order/Opinion
78

2:11-cv-00652

MEMORANDUM DECISION AND ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

Brown v. Buhman

947 F.Supp.2d 1170

Dec. 13, 2013

Dec. 13, 2013

Order/Opinion
90

2:11-cv-00652

Memorandum Decision and Judgment [Ruling Utah Code Unconstitutional]

Brown v. Buhman

43 F.Supp.3d 1229

Aug. 27, 2014

Aug. 27, 2014

Order/Opinion
107

14-04117

Order [Court of Appeals]

U. S. Court of Appeals for the Tenth Circuit

822 F.3d 1151

May 13, 2016

May 13, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402819/brown-v-herbert/

Last updated Aug. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff (Filing fee $ 350, receipt number 4681045689) (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Clark Waddoups (rks) (Entered: 07/13/2011)

1 Civil Cover Sheet

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July 13, 2011

July 13, 2011

RECAP
2

MOTION for Admission Pro Hac Vice of Jonathan Turley, Registration fee $ 15, receipt number 4681045690, Fee Status: Paid. filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - Proposed Order, # 3 Exhibit C - CM/ECF Registration)(rks) (Entered: 07/13/2011)

1 Exhibit A - Application

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2 Exhibit B - Proposed Order

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3 Exhibit C - CM/ECF Registration

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July 13, 2011

July 13, 2011

RECAP
3

ORDER granting 2 Motion for Admission Pro Hac Vice of Jonathan Turley for Christine Brown,Jonathan Turley for Janelle Brown,Jonathan Turley for Kody Brown,Jonathan Turley for Meri Brown,Jonathan Turley for Robyn Sullivan. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 07/21/2011. (asp) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
4

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Jeffrey R. Buhman served on 7/15/2011, answer due 8/5/2011. (Turley, Jonathan) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
5

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Gary R. Herbert served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
6

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Mark Shurtleff served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
7

MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
8

MEMORANDUM in Support re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Attachments: # 1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney, # 2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General)(Jensen, Jerrold) (Entered: 09/02/2011)

1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney

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2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General

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Sept. 2, 2011

Sept. 2, 2011

PACER
9

First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
10

ORDER GRANTING EXTENSION OF TIME-granting 9 Motion for Extension of Time to File Response/Reply re 9 First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion,First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion. Responses due by 10/17/2011. Signed by Judge Clark Waddoups on 9/26/11. (jmr) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

PACER
11

NOTICE of Appearance by Thomas D. Roberts on behalf of Gary R. Herbert, Mark Shurtleff (Roberts, Thomas) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
12

Plaintiff's MEMORANDUM in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
13

AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
14

AFFIDAVIT/DECLARATION of Meri Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
15

AFFIDAVIT/DECLARATION of Janelle Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

RECAP
16

NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
17

ORDER re 16 Notice of Hearing on Motion. See order for details. Signed by Judge Clark Waddoups on 10/28/11. (jmr) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
18

AMENDED NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 09:00 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
19

REPLY to Response to Motion re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
20

DOCKET TEXT ORDER re 7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. Upon review of the memoranda submitted in support and in opposition to the Defendants' motion to dismiss for lack of standing, the court observes that all parties have relied upon facts to support their arguments for which they have not yet offered supporting evidence. If the parties intend to rely upon disputed facts to support their motion, both sides should be prepared to present evidence to support such facts at the hearing set for December 16, 2011. In particular, Plaintiffs should be prepared to substantiate their standing through evidence of the Defendants' investigations and other allegedly injurious actions. The Defendants should be prepared to offer rebuttal evidence and any additional evidence that would defeat the Plaintiffs' claim of standing. Signed by Judge Clark Waddoups on 11/1/11. (No attached document) (jwt) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
21

AMENDED NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 08:30 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
22

RESPONSE TO ORDER TO SHOW CAUSE filed by Gary R. Herbert, Mark Shurtleff. (Roberts, Thomas) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
23

RESPONSE TO ORDER TO SHOW CAUSE filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
24

ERRATA to 23 Response to Order to Show Cause filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan . (Turley, Jonathan) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
25

Plaintiff's RESPONSE to Order Docket #20 filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit David Tenzer Declaration, # 2 Exhibit Michael Maguire Declaration)(Turley, Jonathan) (Entered: 12/13/2011)

1 Exhibit David Tenzer Declaration

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2 Exhibit Michael Maguire Declaration

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Dec. 13, 2011

Dec. 13, 2011

PACER
26

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 12/16/2011 re 7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts, Amanda Jex. Court Reporter: Karen Murakami. (jwt) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
27

Please disregard See 28 -NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Turley, Jonathan) Modified on 12/19/2011-Per call from counsel's office re-filed as 28. (jmr). (Entered: 12/16/2011)

1 Exhibit 1

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2 Exhibit 2

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Dec. 16, 2011

Dec. 16, 2011

PACER
28

NOTICE of Supplemental Material by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re 12 Memorandum in Opposition to Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Turley, Jonathan) (Entered: 12/16/2011)

1 Exhibit 1

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2 Exhibit 2

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Dec. 16, 2011

Dec. 16, 2011

PACER
29

AFFIDAVIT/DECLARATION of Amanda Jex in Support re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Gary R. Herbert, Mark Shurtleff. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Jensen, Jerrold) (Entered: 12/19/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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Dec. 19, 2011

Dec. 19, 2011

RECAP
30

NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: # 1 Supplement) (Turley, Jonathan) (Entered: 01/11/2012)

1 Supplement

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Jan. 11, 2012

Jan. 11, 2012

PACER
31

MEMORANDUM DECISION and Order-granting in part and denying in part 7 Motion to Dismiss. Defendants motion as to Defendants Gary R. Herbert, in his official capacity as Governor of Utah, and Mark Shurtleff, in his official capacity as Attorney General of Utah, is GRANTED. These Defendants are dismissed. Defendants motion with regard to Jeffrey R. Buhman, in his official capacity as County Attorney for Utah County, is DENIED. Signed by Judge Clark Waddoups on 2/3/12. (jmr) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

RECAP
32

NOTICE OF TRANSMITTAL that Notice of Claim sent. (jmr) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
33

ANSWER to 1 Complaint, filed by Jeffrey R. Buhman.(Jensen, Jerrold) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

RECAP
34

NOTICE OF ADR, e-mailed or mailed to Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan, Defendant Jeffrey R. Buhman. (jmr) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
35

NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jmr) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
36

MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/06/2012)

1 Exhibit A - Application for Admission

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2 Exhibit B - ECF Registration

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3 Text of Proposed Order

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March 6, 2012

March 6, 2012

PACER
37

MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/07/2012)

1 Exhibit A - Application for Admission

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2 Exhibit B - ECF Registration

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3 Text of Proposed Order

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March 7, 2012

March 7, 2012

PACER
38

ORDER granting 36 Motion for Admission Pro Hac Vice of Ryan B. Parker for United States of America. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 37 Motion for Admission Pro Hac Vice of Ryan B. Parker for United States of America. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 3/8/12. (jmr) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
39

NOTICE of Acknowledgment of Constitutional Challenge to an Act of Congress by United States of America (Parker, Ryan) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
40

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)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 30 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.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
41

NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 03/14/16 40 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)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 30 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.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss) (tab) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
42

Plaintiff's MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
43

Joint MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
44

DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Brooke C. Wells. Signed by Judge Clark Waddoups on 5/4/2012. No document attached.(saw) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
45

DOCKET TEXT ORDER No attached document. Initial Pretrial Conference is VACATED. Motion deadline is 5/31/12, responsive memo due 6/29/12 and reply due 7/16/12. Counsel are to notify court after resolution of dispositive motions for scheduling. Signed by Magistrate Judge Evelyn J. Furse on 05/10/12. (tab) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
46

MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
47

MEMORANDUM in Support re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Affidavit Declaration)(Jensen, Jerrold) (Entered: 05/31/2012)

1 Affidavit Declaration

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May 31, 2012

May 31, 2012

PACER
48

MOTION for Leave to File Excess Pages filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
49

MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
50

MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
51

Motions No Longer Referred: 48 MOTION for Leave to File Excess Pages (saw) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
52

ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Clark Waddoups on 5/31/12. (jmr) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
53

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Hearing on Motion to Dismiss held on December 16, 2011 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 6/29/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/6/2012. (jmr) Modified by removing restricted text on 9/6/2012 (mlp). (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
55

Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
56

Oral MEMORANDUM in Support re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
57

MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. Motions referred to Brooke C. Wells.(Jensen, Jerrold) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
58

MEMORANDUM in Support re 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jensen, Jerrold) (Entered: 06/29/2012)

1 Text of Proposed Order Proposed Order

View on PACER

June 29, 2012

June 29, 2012

PACER
59

RESPONSE to Motion re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
60

MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
61

MEMORANDUM in Support re 60 MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Sup filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
62

Motions No Longer Referred: 60 MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Sup, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion (mjw) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
63

MEMORANDUM in Opposition re 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
64

ORDER re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. Further pleadings in response to, or opposition to these Motions will not be required pending this Courts determination of whether or not it has jurisdiction. See order for details. Signed by Judge Clark Waddoups on 7/2/12. (jmr) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
65

NOTICE OF HEARING ON MOTION re: 46 MOTION to Dismiss for Mootness : (Notice generated by jwt) Motion Hearing set for 7/25/2012 11:00 AM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
66

REPLY to Response to Motion re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
67

AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
68

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 7/25/2012 re 46 MOTION to Dismiss for Mootness filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
69

MEMORANDUM DECISION and Order-denying 46 Motion to Dismiss-For the reasons stated in the Order, the court hereby DENIES Defendant Buhmans motion to dismiss on the grounds of mootness. (Dkt. No. 46). On July 2, 2012, the court issued a stay on further proceedings on Plaintiffs motion for summary judgment and Defendants cross-motion for summary judgment. (Dkt. No. 64). The stay is now LIFTED. Plaintiffs may, in their discretion, file a reply memorandum to Defendants memorandum opposing Plaintiffs motion for summary judgment on or before August 31, 2012. Plaintiffs should also file a memorandum opposing Defendants cross-motion for summary judgment on or before September 14, 2012. Defendant may then, at his discretion, file a reply memorandum on or before September 28, 2012. Signed by Judge Clark Waddoups on 8/17/12. (jmr) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

RECAP
70

NOTICE OF HEARING ON MOTION re: 55 Cross MOTION for Summary Judgment, 49 MOTION for Summary Judgment : (Notice generated by jwt) Motion Hearing set for 1/17/2013 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
71

MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
72

MEMORANDUM in Opposition re 55 Cross MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
73

REPLY to Response to Motion re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Exhibit Exhibit)(Jensen, Jerrold) (Entered: 09/28/2012)

1 Exhibit Exhibit

View on PACER

Sept. 28, 2012

Sept. 28, 2012

PACER
74

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/17/2013 re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrod Jensen, Thomas Roberts. Court Reporter: Karen Murakami. (jwt) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on January 17, 2013 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013. (asp) Modified by removing restricted text on 5/9/2013 (mlp). (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
77

NOTICE of New Authority by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Turley, Jonathan) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

RECAP
78

MEMORANDUM DECISION granting in part 49 Motion for Summary Judgment ; denying 55 Motion for Summary Judgment ; finding as moot 60 Motion to Strike. Signed by Judge Clark Waddoups on 12/13/13. See order for details(rks) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

RECAP
79

CLERK'S JUDGMENT-IS ORDERED AND ADJUDGED that judgment be entered as follows: Utah Code Ann. 76-7-101 (2013) is facially unconstitutional. The phrase "or cohabits with another person" is stricken as a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and is without a rational basis under the Due Process Clause of the Fourteenth Amendment. Further, the statute is susceptible to a narrowing construction of the terms "marry" and purports to marry" to remedy the constitutional infirmity of the remainder of the statute. Signed by Louise S. York. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case (jmr) Modified on 12/20/2013-Case was closed in error. (jmr). (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

RECAP
80

Modification of Docket: Error: Case Closed in error. Correction: Case will be re-opened re 79 Clerk's Judgment. (jmr) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
81

ORDER to Vacate Judgment- re 79 Clerk's Judgment. The judgment of the Clerk of Court (Dkt. No. 79) is hereby vacated as having been entered on the docket without taking into consideration that there is a pending issue to be resolved. Signed by Judge Clark Waddoups on 12/20/13. (jmr) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP
82

NOTICE OF HEARING: (Notice generated by jwt) Status Conference set for 1/14/2014 03:00 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
83

AMENDED NOTICE OF HEARING: Status Conference set for 1/17/2014 03:30 PM in Room 102 before Judge Clark Waddoups. (Notice generated by jwt) (jwt) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
84

Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 1/17/2014. This matter is before the court to determine the status of the 42 U.SC. 1983 claim. Counsel address the court on the issue. Counsel are to prepare briefing advising the court on the 1983 issue as outlined on the record. Plaintiffs' brief is due on 1/27/2014. Defendant's response due 2/10/2014. The court will review the briefing and determine if a hearing is needed. Mr. Jensen requests he be allowed to prepare the draft of the final order in the case when it reaches that point. The court will allow him file the first proposed draft of the final order. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
85

RESPONSE re 84 Status Conference,,,, filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
86

NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re 85 Response (NOT to motion) (Attachments: # 1 7th Circuit Opinion) (Turley, Jonathan) (Entered: 01/30/2014)

1 7th Circuit Opinion

View on PACER

Jan. 30, 2014

Jan. 30, 2014

PACER
87

MOTION for Extension of Time to File Response/Reply as to 85 Response (NOT to motion) filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER
88

DOCKET TEXT ORDER granting 87 Motion for Extension of Time to File Response/Reply re 87 MOTION for Extension of Time to File Response/Reply as to 85 Response (NOT to motion) Reply due by 2/12/2014. Signed by Judge Clark Waddoups on 2/10/2014. No attached document. (aw) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER
89

RESPONSE re 84 Status Conference,,, 85 Response (NOT to motion), filed by Jeffrey R. Buhman. (Attachments: # 1 Exhibit Proposed Judgment)(Jensen, Jerrold) (Entered: 02/12/2014)

1 Exhibit Proposed Judgment

View on RECAP

Feb. 12, 2014

Feb. 12, 2014

RECAP
90

MEMORANDUM DECISION AND JUDGMENT-The court therefore finds in favor of Plaintiffs on their seventh and final count in the Complaint under 42 U.S.C. 1983 and GRANTS summary judgment in their favor on this last remaining count. Case Closed. See Memorandum Decision for details. Signed by Judge Clark Waddoups on 8/27/14. (jmr) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

RECAP
91

First MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Turley, Jonathan) (Entered: 09/10/2014)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

Sept. 10, 2014

Sept. 10, 2014

PACER
92

Stipulated MOTION for Extension of Time to File Response/Reply as to 91 First MOTION for Attorney Fees and Memorandum in Support filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Text of Proposed Order)(Roberts, Thomas) (Entered: 09/18/2014)

1 Text of Proposed Order

View on PACER

Sept. 18, 2014

Sept. 18, 2014

PACER
93

ORDER granting 92 Motion for Extension of Time to File Response/Reply re 92 Stipulated MOTION for Extension of Time to File Response/Reply as to 91 First MOTION for Attorney Fees and Memorandum in Support . Replies due by 10/27/2014. Signed by Judge Clark Waddoups on 9/18/14. (jmr) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
94

NOTICE of Appearance by Parker Douglas on behalf of Jeffrey R. Buhman (Douglas, Parker) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
95

NOTICE OF APPEAL as to 78 Order on Motion for Summary Judgment,, Order on Motion to Strike, Memorandum Decision,,,, 90 Judgment, filed by Jeffrey R. Buhman. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2130529. (Douglas, Parker) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
96

Transmission of Preliminary Record to USCA re 95 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 09/25/2014)

1 Appendix

View on PACER

Sept. 25, 2014

Sept. 25, 2014

PACER
97

USCA Case Number Case Appealed to Tenth Case Number 14-4117 for 95 Notice of Appeal, filed by Jeffrey R. Buhman. (jmr) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
98

Stipulated MOTION for Extension of Time to Respond filed by Defendant Jeffrey R. Buhman. (Roberts, Thomas) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
99

ORDER granting 98 Motion for Extension of Time to Respond to Motion for Attorneys' fees. Signed by Judge Clark Waddoups on 10/7/14. (jmr) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
100

Please be advised the Record is complete for purposes of appeal for USCA case number 14-4117 re 95 Notice of Appeal,. (jmr) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
101

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Mootness held on July 25, 2012 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las). (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
102

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 17, 2014 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las). (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER

Case Details

State / Territory: Utah

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2011

Closing Date: March 9, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Mormon man and four Mormon women, the stars of TLC's "Sister Wives," who were cohabitating and engaged in a polyamorous relationship.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Utah, State

County Attorney for Utah County (Utah), County

Attorney General of the State of Utah, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Issues

General:

Disparate Treatment

Marriage

Religious programs / policies

Discrimination-basis:

Family discrimination

Religion discrimination