Case: Remick v. Utah

2:16-cv-00789 | U.S. District Court for the District of Utah

Filed Date: June 21, 2016

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 21, 2016, plaintiffs, six indigent adults incarcerated in Utah jails and detention centers, brought this class action lawsuit in the Third Judicial District Court in and for Salt Lake County, Utah. The plaintiffs sued the State of Utah and the Attorney General of Utah under 42 U.S.C. § 1983 and Utah state law. The plaintiffs, represented by private counsel and the ACLU of Utah, sought injunctive and monetary relief claiming violations of their Sixth Amendment rights, including plaintiff…

On June 21, 2016, plaintiffs, six indigent adults incarcerated in Utah jails and detention centers, brought this class action lawsuit in the Third Judicial District Court in and for Salt Lake County, Utah. The plaintiffs sued the State of Utah and the Attorney General of Utah under 42 U.S.C. § 1983 and Utah state law. The plaintiffs, represented by private counsel and the ACLU of Utah, sought injunctive and monetary relief claiming violations of their Sixth Amendment rights, including plaintiffs’ right to effective assistance of counsel, and their Fourteenth Amendment rights, including right to due process. Specifically, plaintiffs alleged that the defendants failed to provide constitutionally adequate legal representation to indigent adults accused of crimes punishable by incarceration in Utah’s District and Justice courts.

Plaintiffs alleged that defendants’ failure to provide adequate legal representation was due to the state statutorily delegating the duty to provide indigent criminal defense to the individual counties and municipalities of the state, and then failing to provide funding, logical support, or oversight to the counties or municipalities. In support of their claim of failure to provide funding, plaintiffs alleged that Utah provided no financial support to any county or municipality in the state. Additionally, plaintiffs supported their claim with investigations and assessments conducted by the ACLU of Utah, the Sixth Amendment Center, and the Utah Judicial Council.

On July 1, 2016, plaintiffs amended the complaint to emphasize alleged harm on individually named plaintiffs.

The case was moved from the Third Judicial District Court in and for Salt Lake County to the United States District Court for the District of Utah on July 13, 2016. On July 20, 2016, defendants filed motion to consolidate case with Cox v. Utah , a similar case in which the plaintiffs, indigent individuals in Utah charged within Washington County of Utah, alleged deficiencies in Utah’s indigent defense program. Then, on July 26, 2016, plaintiffs sought certification of a class comprised of all indigent adults charged or to be charged with one or more crimes in a District or Justice Court within the State of Utah.

On August 5, 2016, defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. From August 8, 2016 through January 4, 2017, motions were stayed in consideration of the defendants’ motion to consolidate cases, but this motion was rendered moot after Cox v. Utah was dismissed. District Judge David Nuffer then granted a partial lift of stay to rule on the defendants’ motion to dismiss, but the stay remained in effect for all other matters, including the plaintiffs’ motion for class certification.

On March 23, 2018, Judge Nuffer granted the defendants’ motion to dismiss, finding that the plaintiffs had failed to allege sufficient facts to establish their standing to sue or to state a claim. Specifically, he found that that there were insufficient allegations of an actual or complete denial of appointed counsel, insufficient allegations that the plaintiffs’ public defenders had entirely failed to subject the prosecution’s cases to meaningful adversarial testing, and insufficient allegations that the plaintiffs’ public defenders had been called upon to render assistance under circumstances where competent counsel very likely could not. Furthermore, Judge Nuffer found that the plaintiffs failed to sufficiently demonstrate a causal connection between their alleged injury and defendants’ conduct. Lastly, he found that the declaratory relief sought by the plaintiffs in their amended complaint, a judgment that the defendants were not complying with US and Utah Constitutions, did not meet the standard of redressability. 2018 WL 1472484. The case is now closed.

Summary Authors

Cade Boland (9/28/2017)

Lisa Limb (3/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4556196/parties/remick-v-state-of-utah/


Judge(s)

Nuffer, David Ogden (Utah)

Pead, Dustin B (Utah)

Attorneys(s) for Plaintiff

Farrell, Leah M. (Utah)

Hadley, Christopher B (Utah)

Harrington, John P (Utah)

Horne, Jennifer S (Utah)

Jones, Steven G (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Dymek, Andrew (Utah)

Judge(s)

Nuffer, David Ogden (Utah)

Pead, Dustin B (Utah)

Attorneys(s) for Plaintiff

Farrell, Leah M. (Utah)

Hadley, Christopher B (Utah)

Harrington, John P (Utah)

Horne, Jennifer S (Utah)

Jones, Steven G (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Dymek, Andrew (Utah)

Wolf, David N (Utah)

Documents in the Clearinghouse

Document

Docket [PACER]

Remick v. State of Utah

March 23, 2018 Docket
2-1

Class Action Complaint for Declaratory Relief

July 13, 2016 Complaint
18-1

First Amended and Supplemental Class Action Complaint For Declaratory Relief

July 26, 2016 Complaint
78

Memorandum Decision and Order Granting Defendants' Motion to Dismiss

March 23, 2018 Order/Opinion

Resources

Title Description External URL

Remick v. Utah (2016)

ACLU of Utah

http://www.acluutah.org/...

Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel

Vidhya K. Reddy

This paper traces the evolution of litigative efforts to structurally reform state and local indigent defense systems, focusing on the potential of modern class action lawsuits to overcome political … May 7, 2007 None

Securing Reasonable Caseloads: Ethics and Law in Public Defense

Norman Lefstein

Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads <br />A. The Constitutional Right to Counsel: Brief Overview <br />B. Excessive Workloads: A Pervasive National P… Jan. 1, 2011 http://www.americanbar.org/...

Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.

National Right to Counsel Committee

[Edited, from the website:] <br /> <br />[Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet… April 14, 2009 http://www.constitutionproject.org/...

The Third Generation of Indigent Defense Litigation

Cara Drinan

For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were th… Jan. 1, 2009 http://papers.ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4556196/remick-v-state-of-utah/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendants Sean D. Reyes, State of Utah is directed to E-File the Notice of Removal 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. (mms) (Entered: 07/13/2016)

July 13, 2016 PACER
2

NOTICE OF REMOVAL from 3rd District Court, Salt Lake, case number 160903921, (Filing fee $ 400, receipt number 1088-2550470) filed by Sean D. Reyes, State of Utah. (Attachments: # 1 Exhibit A-Summons and Complaint, # 2 Exhibit Certificate of Service, # 3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (Wolf, David) (Entered: 07/13/2016)

1 Exhibit A-Summons and Complaint

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2 Exhibit Certificate of Service

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3 Civil Cover Sheet Civil Cover Sheet

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July 13, 2016 PACER
3

NOTICE OF ADR, e-mailed or mailed to Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms, Defendants Sean D. Reyes, State of Utah. (mms) (Entered: 07/14/2016)

July 14, 2016 PACER
4

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 Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms, Defendants Sean D. Reyes, State of Utah. Form due by 7/29/2016. (mms) (Entered: 07/14/2016)

July 14, 2016 PACER
5

RECEIVED Consent/Reassignment Form from Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (las) (Entered: 07/18/2016)

July 18, 2016 PACER
6

NOTICE of Appearance by Parker Douglas on behalf of Sean D. Reyes, State of Utah (Douglas, Parker) (Entered: 07/18/2016)

July 18, 2016 PACER
7

MOTION (1) Notice of Non-Compliance with Local Rule CUCivR 42-1 Regarding Motion to Consolidate; and (2) Motion for Order Voiding Motion to Consolidate with Respect to Plaintiffs and Memorandum in Support of Motion for Order and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit 1 - Email from Valerie Valencia, # 2 Exhibit 2 - Email from Valerie Valencia, # 3 Exhibit 3 - Docket)(Harrington, John) (Entered: 07/20/2016)

1 Exhibit 1 - Email from Valerie Valencia

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2 Exhibit 2 - Email from Valerie Valencia

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3 Exhibit 3 - Docket

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July 20, 2016 PACER
8

NOTICE of Consolidation by Sean D. Reyes, State of Utah (Wolf, David) (Entered: 07/20/2016)

July 20, 2016 PACER
9

EXHIBITS filed by Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms re 7 MOTION (1) Notice of Non-Compliance with Local Rule CUCivR 42-1 Regarding Motion to Consolidate; and (2) Motion for Order Voiding Motion to Consolidate with Respect to Plaintiffs and Memorandum in Support of Motion for Order and Memorandum in Suppo. (Harrington, John) (Entered: 07/20/2016)

July 20, 2016 PACER
10

DOCKET TEXT ORDER FOR REASSIGNMENT. Based upon the procedural posture of the case and the pending motion, [docket no. 7] even as all parties have not yet consented to the jurisdiction of a magistrate judge, the Court orders reassignment of this case to a district judge. No attached document Signed by Magistrate Judge Brooke C. Wells on 7/20/2016. (rh) (Entered: 07/20/2016)

July 20, 2016 PACER
11

After review of the case, case reassigned to District Judge per 10 Docket text order. Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las) (Entered: 07/20/2016)

July 20, 2016 PACER
12

RESPONSE to Motion re 7 MOTION (1) Notice of Non-Compliance with Local Rule CUCivR 42-1 Regarding Motion to Consolidate; and (2) Motion for Order Voiding Motion to Consolidate with Respect to Plaintiffs and Memorandum in Support of Motion for Order and Memorandum in Suppo filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wolf, David) (Entered: 07/21/2016)

1 Exhibit

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2 Exhibit

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July 21, 2016 PACER
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NOTICE of Appearance by Jennifer S. Horne on behalf of All Plaintiffs (Horne, Jennifer) (Entered: 07/26/2016)

July 26, 2016 PACER
14

NOTICE of Appearance by Christopher B. Hadley on behalf of All Plaintiffs (Hadley, Christopher) (Entered: 07/26/2016)

July 26, 2016 PACER
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MOTION Ex Parte for Leave to File Over Length Memorandum filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Text of Proposed Order)(Jones, Steven) (Entered: 07/26/2016)

1 Text of Proposed Order

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July 26, 2016 PACER
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Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
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AFFIDAVIT/DECLARATION of John P. Harrington in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit 1-2015 GRAMA Request, # 2 Exhibit 2-2009 GRAMA Request, # 3 Exhibit 3-Duchesne and Morgan Counties, # 4 Exhibit 4-Millard County, # 5 Exhibit 5-Cache County, # 6 Exhibit 6-Davis County, # 7 Exhibit 7-Iron County, # 8 Exhibit 8-Sevier County, # 9 Exhibit 9-Failing Gidion, # 10 Exhibit 10-October 26, 2015 Report, # 11 Exhibit 11-Judicial Council Report)(Jones, Steven) (Entered: 07/26/2016)

1 Exhibit 1-2015 GRAMA Request

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2 Exhibit 2-2009 GRAMA Request

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3 Exhibit 3-Duchesne and Morgan Counties

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4 Exhibit 4-Millard County

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5 Exhibit 5-Cache County

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6 Exhibit 6-Davis County

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7 Exhibit 7-Iron County

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8 Exhibit 8-Sevier County

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9 Exhibit 9-Failing Gidion

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10 Exhibit 10-October 26, 2015 Report

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11 Exhibit 11-Judicial Council Report

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July 26, 2016 PACER
18

AFFIDAVIT/DECLARATION of Steven G. Jones in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit 1-First Amended and Supplemental Complaint)(Jones, Steven) (Entered: 07/26/2016)

1 Exhibit 1-First Amended and Supplemental Complaint

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July 26, 2016 PACER
19

AFFIDAVIT/DECLARATION of John Mejia in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
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AFFIDAVIT/DECLARATION of Leah M. Farrell in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
21

NOTICE OF CONVENTIONAL FILING of Declarations of Class-Action Plaintiffs Colton Guy Remick and Brandon Timms filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
22

AFFIDAVIT/DECLARATION of Colton Guy Remick in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
23

AFFIDAVIT/DECLARATION of Brandon Timms in Support re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Jones, Steven) (Entered: 07/26/2016)

July 26, 2016 PACER
24

ORDER granting 15 Plaintiffs' Ex Parte Motion for Leave to File Over Length Motion for Class Certification. Signed by Judge Robert J. Shelby on 7/26/2016. (jds) (Entered: 07/26/2016)

July 26, 2016 PACER
25

WITHDRAWAL OF MOTION by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms re 7 MOTION (1) Notice of Non-Compliance with Local Rule CUCivR 42-1 Regarding Motion to Consolidate; and (2) Motion for Order Voiding Motion to Consolidate with Respect to Plaintiffs and Memorandum in Support of Motion for Order and Memorandum in Suppo filed by Colter Ricks, Bryce Tucker Lloyd, Skylar W. Garner, Colton Guy Remick, Brandon Timms, Anthony Murdzak . (Harrington, John) (Entered: 07/26/2016)

July 26, 2016 PACER
26

Stipulated MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order Order)(Wolf, David) (Entered: 07/29/2016)

1 Text of Proposed Order Order

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July 29, 2016 PACER
27

ORDER granting 26 Motion for Extension of Time to Answer Answer deadline updated for Sean D. Reyes answer due 8/5/2016; State of Utah answer due 8/5/2016. Signed by Judge Robert J. Shelby on 7/29/2016. (jds) (Entered: 07/29/2016)

July 29, 2016 PACER
28

MOTION to Dismiss and Memorandum in Support filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order)(Douglas, Parker) (Entered: 08/05/2016)

1 Text of Proposed Order

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Aug. 5, 2016 PACER
29

Defendant's MOTION to Stay re 16 Plaintiff's MOTION to Certify Class and Memorandum in Support and Memorandum in Support filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order)(Wolf, David) (Entered: 08/05/2016)

1 Text of Proposed Order

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Aug. 5, 2016 PACER
30

Defendant's MOTION for Extension of Time to File Response/Reply as to 16 Plaintiff's MOTION to Certify Class and Memorandum in Support and Memorandum in Support filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order)(Wolf, David) (Entered: 08/05/2016)

1 Text of Proposed Order

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Aug. 5, 2016 PACER
31

DOCKET TEXT ORDER In view of the Motion to Consolidate pending in Case No. 2:16-cv-00053, Cox et al. v. State of Utah, the court orders that all briefing deadlines are stayed relevant to Plaintiffs' Motion to Certify Class 16 and Defendants' Motion to Dismiss 28 filed in this case. In light of this order, the court denies without prejudice Defendants' Motion to Stay 29 and Motion for Extension of Time 30 . Signed by Judge Robert J. Shelby on 8/8/2016. No Document Attached. (jds) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
32

ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 8/8/2016. (mjm) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
33

ORDER REASSIGNING CASE. Case reassigned to Judge David Nuffer for all further proceedings. Judge Robert J. Shelby no longer assigned to case, Signed by Judge Robert J. Shelby on 10/18/2016. Case Number shall now read 2:16cv00789 DN(rks) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
34

NOTICE AFFIRMING PRIOR ORDER OF REFERENCE re 32 Order Referring Case to Magistrate Judge. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Dustin Pead under 28:636 (b)(1)(A). (rks) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
35

Plaintiff's MOTION for Lift of Stay and Request for Scheduling Hearing and Entry of Scheduling Order Pursuant to Rule 16 F.R.C.P. filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Harrington, John) (Entered: 11/21/2016)

1 Text of Proposed Order

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Nov. 21, 2016 PACER
36

Motions No Longer Referred: 35 Plaintiff's MOTION for Lift of Stay and Request for Scheduling Hearing and Entry of Scheduling Order Pursuant to Rule 16 F.R.C.P. (jcw) (Entered: 11/28/2016)

Nov. 28, 2016 PACER
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Motions No Longer Referred: 35 Plaintiff's MOTION for Lift of Stay and Request for Scheduling Hearing and Entry of Scheduling Order Pursuant to Rule 16 F.R.C.P. (jcw) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
38

Amended MOTION to Stay re 35 Plaintiff's MOTION for Lift of Stay and Request for Scheduling Hearing and Entry of Scheduling Order Pursuant to Rule 16 F.R.C.P. and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Harrington, John) (Entered: 12/05/2016)

1 Text of Proposed Order

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Dec. 5, 2016 PACER
39

Motions No Longer Referred: 38 Amended MOTION to Stay re 35 Plaintiff's MOTION for Lift of Stay and Request for Scheduling Hearing and Entry of Scheduling Order Pursuant to Rule 16 F.R.C.P. and Memorandum in Support shall be handled by the District Court. (amn) (Entered: 12/06/2016)

Dec. 6, 2016 PACER
40

DOCKET TEXT ORDER taking under advisement 38 Motion to Stay. Per DTO 31 the stay of this case was based on a motion to consolidate filed in Case No. 2:16-CV-53 pending before Judge Dee Benson (docket no. 41 in Judge Benson's case). Judge Benson issued an order dismissing Case No. 2:16-CV-53, which rendered the motion to consolidate the cases moot (docket no. 58 in Judge Benson's case). A Notice of Appeal was filed in Case No. 2:16-CV-53-DB on December 7, 2016 (docket no. 59 in Judge Benson's case). The parties are directed to file simultaneous briefing by no later than 4:00 p.m., Thursday, December 15, 2016, discussing the impact of the appeal of Case No. 2:16-CV-53-DB on the stay of proceedings in this case and any need to avoid potential for conflicting rulings with the 10th Circuit Court of Appeals. The court will rule on the state of the record as of 4:00 p.m., Thursday, December 15, 2016. Signed by Judge David Nuffer on 12/08/2016. No attached document. (apm) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
41

Simultaneous BRIEF re 40 Order on Motion to Stay,,,, filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Exhibit A - Cox, Hearing Transcript of July 27, 2016)(Wolf, David) (Entered: 12/15/2016)

1 Exhibit A - Cox, Hearing Transcript of July 27, 2016

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Dec. 15, 2016 PACER
42

BRIEF re 40 Order on Motion to Stay,,,, Plaintiffs' Memorandum Regarding Impact of Cox Case Notice of Appeal on Remick Case filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 12/15/2016)

Dec. 15, 2016 RECAP
43

DOCKET TEXT ORDER finding as moot 35 Motion for Lift of Stay. Given the filing of Plaitiffs' 38 Amended Motion for Lift of Stay, Plaintiffs' 35 Motion for Lift of Stay is moot. Signed by Judge David Nuffer on 01/04/2017. No attached document. (apm) (Entered: 01/04/2017)

Jan. 4, 2017 PACER
44

DOCKET TEXT ORDER granting in part and denying in part 38 Motion to Stay. After balancing factors of judicial economy, the benefits of a stay, and any hardship to the parties, and carefully considering the issues raised in this case and in the similar case Cox et al v. State of Utah et al, Case No. 2:16-CV-53-DB, the stay of proceedings is LIFTED IN PART to permit disposition of Defendants' 28 Motion to Dismiss. Therefore, Plaintiffs' 38 Motion is granted and the stay of proceedings is lifted for purposes of briefing and ruling on Defendants' 28 Motion to Dismiss. However, the stay of proceedings shall remain in effect for all other purposes. Plaintiffs' response to Defendants' 28 Motion to Dismiss must be filed by no later than February 1, 2017. Defendants' reply, if any, must be filed by no later than February 15, 2017. Either party may request a hearing on Defendants' 28 Motion to Dismiss, but a determination as to whether a hearing is necessary will not be made until briefing on the 28 Motion to Dismiss is complete. Signed by Judge David Nuffer on 01/04/2017. No attached document. (apm) (Entered: 01/04/2017)

Jan. 4, 2017 PACER
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Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Harrington, John) Modified on 2/2/2017: corrected motion relief (alt) (Entered: 02/01/2017)

1 Text of Proposed Order

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Feb. 1, 2017 PACER
46

Plaintiff's MEMORANDUM in Opposition re 28 MOTION to Dismiss filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit 1-Red-Line Version of Complaint, # 2 Exhibit 2-Informal Opinion, # 3 Exhibit 3-Hurrell-Harring Statement of Interest, # 4 Exhibit 4-Wilbur Statement of Interest)(Harrington, John) (Entered: 02/01/2017)

1 Exhibit 1-Red-Line Version of Complaint

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2 Exhibit 2-Informal Opinion

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3 Exhibit 3-Hurrell-Harring Statement of Interest

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4 Exhibit 4-Wilbur Statement of Interest

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Feb. 1, 2017 PACER
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ORDER granting 45 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 2/2/17 (alt) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
48

MOTION for Extension of Time file reply brief in support of motion to dismiss and Memorandum in Support, MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants Sean D. Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Douglas, Parker) (Entered: 02/09/2017)

1 Text of Proposed Order

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Feb. 9, 2017 PACER
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ORDER granting 48 Motion for Extension of Time; granting 48 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 2/10/17 (alt) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
50

REPLY to Response to Motion re 28 MOTION to Dismiss filed by Defendants Sean D. Reyes, State of Utah. (Douglas, Parker) (Entered: 03/13/2017)

March 13, 2017 PACER
51

Plaintiff's MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Harrington, John) (Entered: 03/15/2017)

1 Text of Proposed Order

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March 15, 2017 PACER
52

MEMORANDUM in Opposition re 51 Plaintiff's MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Defendants Sean D. Reyes, State of Utah. (Douglas, Parker) (Entered: 03/16/2017)

March 16, 2017 PACER
53

REQUEST to Submit for Decision re 51 Plaintiff's MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss, 52 Memorandum in Opposition to Motion filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 03/17/2017)

March 17, 2017 PACER
54

Motions No Longer Referred: Plaintiff's Motion for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss 51 shall be handled by the District Court. (amn) (Entered: 03/20/2017)

March 20, 2017 PACER
55

ORDER granting 51 Motion for Leave to File Surreply Brief re 28 Motion to Dismiss. Signed by Judge David Nuffer on 3/21/17 (alt) (Entered: 03/21/2017)

March 21, 2017 PACER
56

Surreply BRIEF re 28 MOTION to Dismiss filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 03/28/2017)

March 28, 2017 PACER
57

Surreply BRIEF re 28 MOTION to Dismiss filed by Defendants Sean D. Reyes, State of Utah. (Douglas, Parker) (Entered: 04/04/2017)

April 4, 2017 PACER
58

REQUEST to Submit for Decision re 28 MOTION to Dismiss, 56 Brief, 50 Reply Memorandum/Reply to Response to Motion, 57 Brief, 46 Memorandum in Opposition to Motion, filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 04/05/2017)

April 5, 2017 PACER
59

MOTION to Intervene and Memorandum in Support filed by Movant Roger Bryner (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E) Motion referred to Dustin B. Pead (alt) (Entered: 04/06/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit D

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4 Exhibit E

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April 6, 2017 PACER
60

MEMORANDUM in Opposition re 59 MOTION to Intervene and Memorandum in Support filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit 1 - Declaration of David S. McNeill, PhD, MBA, # 2 Exhibit 2 - Bryner State Cases, # 3 Exhibit 3 - Bryner Federal Cases)(Harrington, John) (Entered: 04/20/2017)

1 Exhibit 1 - Declaration of David S. McNeill, PhD, MBA

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2 Exhibit 2 - Bryner State Cases

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3 Exhibit 3 - Bryner Federal Cases

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April 20, 2017 PACER
61

MEMORANDUM in Opposition re 59 MOTION to Intervene and Memorandum in Support filed by Defendants Sean D. Reyes, State of Utah. (Douglas, Parker) (Entered: 04/20/2017)

April 20, 2017 PACER
62

DECLARATION of David S. McNeill, PhD, MBA re 60 Memorandum in Opposition to Motion, Amended Declaration filed by Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Attachments: # 1 Exhibit A-North Carolina PD Directory, # 2 Exhibit B-Utah Courts Information XChange Subscription Agreement, # 3 Exhibit C-Court Calendar, # 4 Exhibit D-Excerpt of Criminal Cases, # 5 Exhibit E-Excerpt of Attorneys, # 6 Exhibit F-Red-Lined Version of Declaration)(Harrington, John) (Entered: 04/27/2017)

1 Exhibit A-North Carolina PD Directory

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2 Exhibit B-Utah Courts Information XChange Subscription Agreement

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3 Exhibit C-Court Calendar

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4 Exhibit D-Excerpt of Criminal Cases

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5 Exhibit E-Excerpt of Attorneys

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6 Exhibit F-Red-Lined Version of Declaration

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April 27, 2017 PACER
63

CERTIFICATE OF SERVICE by Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms re 62 Declaration,, (Harrington, John) (Entered: 05/01/2017)

May 1, 2017 PACER
64

NOTICE of SUPPLEMENTAL AUTHORITY by Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms (Attachments: # 1 Exhibit 1 - Decision) (Harrington, John) (Entered: 05/01/2017)

1 Exhibit 1 - Decision

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May 1, 2017 PACER
65

MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Intervene, MOTION for Leave to File Excess Pages filed by Movant Roger Bryner. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead (alt) (Entered: 05/03/2017)

1 Text of Proposed Order

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May 3, 2017 PACER
66

ORDER granting 65 Motion for Extension of Time to File Response/Reply re 59 MOTION to Intervene (Reply due by 5/12/2017); granting 65 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Dustin B. Pead on 5/4/17 (alt) (Entered: 05/04/2017)

May 4, 2017 PACER
67

Mail Returned as Undeliverable. Mail sent to Roger Bryner as to doc no. 66 . (kpf) (Entered: 05/10/2017)

May 10, 2017 PACER
68

REPLY to Response to Motion re 59 MOTION to Intervene filed by Movant Roger Bryner (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (alt) (Entered: 05/12/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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May 12, 2017 PACER
69

REQUEST to Submit for Decision re 59 MOTION to Intervene filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 05/15/2017)

May 15, 2017 PACER
70

NOTICE OF WITHDRAWAL OF COUNSEL of Christopher B. Hadley filed by Christopher B. Hadley on behalf of Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks (Hadley, Christopher) (Entered: 06/08/2017)

June 8, 2017 PACER
71

MOTION to Lift Stay and for Entry of Scheduling Order Regarding Plaintiffs' Motion for Class Certification filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. Motions referred to Dustin B. Pead.(Harrington, John) (Entered: 07/25/2017)

July 25, 2017 PACER
72

SUBSTITUTION OF COUNSEL Andrew Dymek replacing Parker Douglas as counsel on behalf of Sean D. Reyes, State of Utah. (Dymek, Andrew) (Entered: 07/27/2017)

July 27, 2017 PACER
73

Defendant's MEMORANDUM in Opposition re 71 MOTION to Lift Stay and for Entry of Scheduling Order Regarding Plaintiffs' Motion for Class Certification filed by Defendants Sean D. Reyes, State of Utah. (Wolf, David) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
74

REPLY to Response to Motion re 71 MOTION to Lift Stay and for Entry of Scheduling Order Regarding Plaintiffs' Motion for Class Certification filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
75

REQUEST to Submit for Decision re 73 Memorandum in Opposition to Motion, 74 Reply Memorandum/Reply to Response to Motion, 71 MOTION to Lift Stay and for Entry of Scheduling Order Regarding Plaintiffs' Motion for Class Certification filed by Plaintiffs Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms. (Harrington, John) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
76

NOTICE of SUPPLEMENTAL AUTHORITY by Skylar W. Garner, Bryce Tucker Lloyd, Anthony Murdzak, Colton Guy Remick, Colter Ricks, Brandon Timms (Second) (Attachments: # 1 Exhibit 1 - Order Granting Motion for Class Certification, # 2 Exhibit 2 - Decision) (Harrington, John) (Entered: 01/26/2018)

1 Exhibit 1 - Order Granting Motion for Class Certification

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2 Exhibit 2 - Decision

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Jan. 26, 2018 PACER
77

Motions No Longer Referred: 59 Movant Roger Bryner's MOTION to Intervene and 71 Plaintiffs' MOTION to Lift Stay and for Entry of Scheduling Order Regarding for Class Certification shall be handled by the District Court and are no longer referred to the Magistrate Judge. (amn) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
78

MEMORANDUM DECISION AND ORDER granting 28 Motion to Dismiss; finding as moot 59 Motion to Intervene; finding as moot 71 Motion to Lift Stay; finding as moot 16 Motion to Certify Class. Signed by Judge David Nuffer on 3/23/18 (alt) (Entered: 03/23/2018)

March 23, 2018 RECAP
79

JUDGMENT: action is dismissed without prejudice - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge David Nuffer on 3/23/18 (alt) (Entered: 03/23/2018)

March 23, 2018 PACER

State / Territory: Utah

Case Type(s):

Indigent Defense

Key Dates

Filing Date: June 21, 2016

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indigent adults charged or to be charged with one or more crimes in a District or Justice Court within the State of Utah

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Utah, State

Utah, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Quality of representation