Case: Garbett v. Herbert

2:20-cv-00245 | U.S. District Court for the District of Utah

Filed Date: April 13, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 11/19/2020, After a request to modify the signature gathering requirements to permit electronic signatures, a candidate seeking the Republican party nomination for gubernatorial election brought action for declaratory and injunctive relief against Utah's Governor and Lieutenant Governor, asserting that state's voter signat…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 11/19/2020,

After a request to modify the signature gathering requirements to permit electronic signatures, a candidate seeking the Republican party nomination for gubernatorial election brought action for declaratory and injunctive relief against Utah's Governor and Lieutenant Governor, asserting that state's voter signature requirement (28,000 written (original or electronic copies) signatures) for access to primary ballot, in conjunction with emergency measures enacted by state in response to COVID-19 pandemic, violated candidate's First Amendment associational rights and Fourteenth Amendment equal protection right. Candidate moved for preliminary injunction. Candidate focused on the 1st Amendment argument and prevailed, though the injunctive relief granted was more narrowly tailored than requested. Candidate sought either to be added to the ballot or to be provided more time to collect signatures once the stay-at-home orders are lifted. Instead, the court granted injunctive relief requiring the candidate to be added to the ballot if 19,040 valid signatures (the pro rata portion of the threshold required based on days available to obtain signatures prior to stay-at-home order effectiveness) were submitted. Ultimately, that number of signatures was not obtained, the candidate appealed to the Tenth Circuit, but then voluntarily dismissed that suit. Prior to bringing suit, the candidate also sought relief from the State from the requirement that the signatures be written (wet or copies). The State determined that it didn't have the power to permit electronic signatures or to reduce the threshold number of signatures, but, in it's opinion, the court did not agree, asserting instead that when the State has greater powers, it also has lesser, complimentary powers.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17068952/parties/garbett-v-herbert/


Judge(s)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Teter, Michael (Indiana)

Vu, Margaret B. (Utah)

Attorneys(s) for Defendant

Sorenson, Lance F. (Utah)

Wolf, David N (Utah)

Other Attorney(s)

Active

Judge(s)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Teter, Michael (Indiana)

Vu, Margaret B. (Utah)

Attorneys(s) for Defendant

Sorenson, Lance F. (Utah)

Wolf, David N (Utah)

Other Attorney(s)

Brown, Lorraine P. (Utah)

Documents in the Clearinghouse

Document

2:20-cv-00245

Docket [PACER]

Jan. 22, 2021

Jan. 22, 2021

Docket
2

2:20-cv-00245

Complaint for Equitable, Declaratory, and Injunctive Relief

April 13, 2020

April 13, 2020

Complaint
31

2:20-cv-00245

Memorandum Decision and Order Granting in Part Plaintiff's Motion for a Preliminary Injunction

458 F.Supp.3d 1328

April 29, 2020

April 29, 2020

Order/Opinion
010110342053

0:20-04051

Emergency Motion for Injunction Pending Appeal

U. S. Court of Appeals for the Tenth Circuit

May 1, 2020

May 1, 2020

Pleading / Motion / Brief
40

2:20-cv-00245

Order Denying Plaintiff's Motion to Reconsider

2020 WL 6572803

May 1, 2020

May 1, 2020

Order/Opinion
010110342271

0:20-04051

Motion for Voluntary Dismissal

U. S. Court of Appeals for the Tenth Circuit

May 2, 2020

May 2, 2020

Pleading / Motion / Brief
58

2:20-cv-00245

Memorandum Decision and Order Denying Plaintiff's Motion for Summary and Declaratory Judgement and Granting Defendants' Cross Motion for Summary Judgement

514 F.Supp.3d 1342

Jan. 22, 2021

Jan. 22, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17068952/garbett-v-herbert/

Last updated Sept. 18, 2022, 11:45 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Jan Garbett 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. (kn) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
2

COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3546545) filed by Jan Garbett. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Teter, Michael) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

Clearinghouse
3

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Spencer Cox. 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. (kn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
4

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary Herbert. 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. (kn) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
5

CERTIFICATE OF SERVICE by Jan Garbett re 4 Summons Issued Electronically, 2 Complaint, 3 Summons Issued Electronically, (Teter, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
6

MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Exhibit Ex. 1 Declaration of Jan Garbett, # 2 Exhibit Ex. 2 State and Local Orders, # 3 Exhibit Ex. 3 National Election Related Orders)(Teter, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
7

MOTION to Expedite Briefing and Hearing Regarding Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
8

CERTIFICATE OF SERVICE by Jan Garbett re 6 MOTION for Preliminary Injunction and Memorandum in Support (Teter, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
9

CERTIFICATE OF SERVICE by Jan Garbett re 7 MOTION to Expedite Briefing and Hearing Regarding Motion for Preliminary Injunction and Memorandum in Support (Teter, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
10

NOTICE of Appearance by David N. Wolf on behalf of Spencer Cox, Gary Herbert (Wolf, David) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Order

April 15, 2020

April 15, 2020

PACER
11

NOTICE of Appearance by Lance F. Sorenson on behalf of Spencer Cox, Gary Herbert (Sorenson, Lance) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
12

NOTICE of Appearance by Margaret B. Vu on behalf of Jan Garbett (Vu, Margaret) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
13

DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a Magistrate Judge. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a District Judge through random reassignment. Signed by Chief Magistrate Judge Paul M. Warner on 4/15/2020. (docket text order, no attached document)(lrh) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
14

Case randomly assigned to Judge Robert J. Shelby per 13 Docket text order. Magistrate Judge Paul M. Warner no longer assigned to the case. (nl) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
15

Stipulated MOTION to Expedite Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Text of Proposed Order)(Teter, Michael) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
16

ORDER granting in part the Parties' Stipulated Motion for an Expedited Briefing Schedule 15 . Garbett's original Motion to Expedite Briefing 7 is denied as moot. Signed by Judge Robert J. Shelby on 4/16/20. (dla) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
17

AFFIDAVIT/DECLARATION of Ted Blaszak in Support re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Exhibit 1 (Proposal), # 2 Exhibit 2 (Contract), # 3 Exhibit 3 (3/17 invoice), # 4 Exhibit 4 (3/23 invoice), # 5 Exhibit 5 (3/30 invoice), # 6 Exhibit 6 (4/6 invoice))(Teter, Michael) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
18

NOTICE OF HEARING ON MOTION re: 6 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Mary Jane McNamee) Telephone Motion Hearing set for 4/27/2020 at 01:30 PM before Judge Robert J. Shelby. Judge Robert J. Shelby has set a Telephone Motion Hearing for 4/27/2020 at 1:30 PM (MST). As a participant, the Telephone Motion Hearing instructions are as follows: 1. Dial 888-808-6929 ; 2. Enter Access Code 2900331 ; 3. Bypass the Security Code; 4. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. If you have any questions before the hearing begins, please do not hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, please email the case administrator at mary_jane_mcnamee@utd.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (mjm) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
19

MOTION for Leave to File Excess Pages filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Text of Proposed Order)(Wolf, David) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
20

ORDER granting 19 Motion for Leave to File Overlength Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction: Defendants' Opposition may consist of up to 35 pages. Signed by Judge Robert J. Shelby on 4/22/20. (dla) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
21

Defendant's MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Exhibit #1 Declaration of Justin Lee with supporting Exhibits A through M)(Wolf, David) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
22

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
24

Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 4/27/2020. Counsel appeared by phone. The court discussed preliminary rulings with counsel re: the telephone motion hearing set for 1:30 p.m. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Office of Lieutenant Governor of Utah. Court Reporter: Ed Young.(mjm) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

PACER
25

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 4/27/2020, re: 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Jan Garbett. Parties appeared by telephone. The court heard oral argument and took the matter under advisement. Counsel will supply the court with their cell phone numbers, to be reached at a later time today with a ruling. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Lieutenant Governor of Utah. Court Reporter: Ed Young.(mjm) Modified on 4/28/2020 - clerical error corrected (mjm). (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

PACER
28

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on4/27/2020 re: 6 MOTION for Preliminary Injunction and Memorandum in Support filed by Jan Garbett. Counsel appeared by phone. The court issued the following ruling and stated a written order will be docketed soon. The court concludes Garbett has satisfied her heavy burden to obtain a preliminary injunction. Accordingly, her Motion is GRANTED IN PART and the court ORDERS as follows: 1. The following relief applies only to Jan Garbett and only to the current election cycle. The court partially enjoins enforcement of Utah Code ยง 20A-9-408(8)(b)(i) and reduces the numerical requirement contained therein by 32% to 19,040 signatures. 2. By Tuesday, April 28, 2020, at 10:00 a.m., Garbett shall submit to the Lt. Gov.s Office the same packet of signatures she previously tried to deliver (i.e., no more than 20,874 signatures). 3. The Lt. Gov.'s Office shall accept Garbetts signatures and immediately begin verifying how many are valid. The Lt. Gov.'s Office shall employ the same procedures used to evaluate the signatures submitted by other candidates after Executive Order 2020-8 issued. Accordingly, the court enjoins enforcement of Utah Admin. Code R. 623-4-4(A)(5)(b) only as to Jan Garbett during the present election cycle. 4. The Lt. Gov.'s Office shall notify Garbett and the court immediately when either: The Office certifies Garbett has 19,040 valid signatures; or Garbett is mathematically eliminated from the 19,040-signature threshold. Even if the Office determines Garbett has been mathematically eliminated from reaching 19,040 signatures, the Office shall as quickly as reasonably practicable continue to verify all signatures Garbett submits to arrive at the total number of valid signatures. 5. The court extends from April 29, 2020, to May 6, 2020, the deadline by which the Lt. Gov.'s Office must certify the names of the Republican candidates for governor that will appear on the primary ballot. The April 29, 2020 deadline is unaffected as to all other races and candidates. 6. The court extends from May 15, 2020, to May 22, 2020, the State and Federal deadline by which State counties must deliver ballots to overseas and military voters. Attorney for Plaintiff: Michael Teter, Margaret Vu, Attorney for Defendant: Lance Sorenson, David Wolf; Justin Lee - Lieutenant Governor of Utah Office. Court Reporter: Ed Young.(mjm) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

PACER
26

MOTION Allow Supplemental Briefing on Scope of Preliminary Injunction and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Text of Proposed Order)(Teter, Michael) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
27

ORDER granting in part 26 Plaintiff's Ex Parte (Not Sealed) Motion for Supplemental Briefing. Signed by Judge Robert J. Shelby on 4/28/20. (dla) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
29

MOTION Reconsideration and Modification of Preliminary Injunction Order and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
30

NOTICE of Plaintiff's Production of Signatures to Lieutenant Governor's Office by Spencer Cox, Gary Herbert re 28 Motion Hearing,,,,,,,,, (Wolf, David) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
31

MEMORANDUM DECISION AND ORDER granting in part 6 Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Robert J. Shelby on 4/29/20. (dla) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

Clearinghouse
32

Redacted MOTION to Intervene and Memorandum in Support filed by Movant Lorraine P. Brown. (Attachments: # 1 Affidavit Declaration of Lorraine P. Brown, # 2 Text of Proposed Order) Attorney Lorraine P. Brown added to party Lorraine P. Brown(pty:mov)(Brown, Lorraine) Modified on 5/1/2020: removed repetitive entry text (alt) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Order on Motion for Miscellaneous Relief

April 30, 2020

April 30, 2020

PACER
33

Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
34

CERTIFICATE OF SERVICE by Lorraine P. Brown re 33 Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support, 32 Redacted MOTION to Intervene and Memorandum in Support of Motion for Intervention and Required Joinder (Brown, Lorraine) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
35

DOCKET TEXT ORDER denying 29 Motion for reconsideration. To facilitate a potential appeal by either or both parties, the court provides notice that Garbetts Expedited Motion for Reconsideration and Modification (Dkt. 29) is DENIED. A written decision explaining the bases for the courts ruling will follow. Signed by Judge Robert J. Shelby on 4/30/2020. No attached document. (chambers) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
36

NOTICE OF INTERLOCUTORY APPEAL as to 35 Order on Motion for Miscellaneous Relief, 31 Order on Motion for Preliminary Injunction, Memorandum Decision filed by Jan Garbett. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-3563339. (Vu, Margaret) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Order

May 1, 2020

May 1, 2020

PACER
37

Transmission of Preliminary Record to USCA re 36 Notice of Appeal - Interlocutory, as to Tenth Circuit. (Attachments: # 1 Appendix Preliminary Record) (dla) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
38

USCA Case Number Case Appealed to Tenth Circuit Case Number 20-4051 for 36 Notice of Appeal - Interlocutory, filed by Jan Garbett. (jrj) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
39

Defendant's MEMORANDUM in Opposition re 32 Redacted MOTION to Intervene filed by Defendants Spencer Cox, Gary Herbert. (Sorenson, Lance) Modified on 5/1/2020: removed repetitive entry text (alt) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
40

WRITTEN ORDER re 29 Motion for Reconsideration (following 35 Docket Text Order of 4/30/20). Signed by Judge Robert J. Shelby on 5/1/20 (alt) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
41

DOCKET TEXT ORDER directing intervenor-movant Lorraine Brown to file a Reply, if any, to Defendants Opposition docket entry 39 no later than noon (12:00 p.m.) on Monday, May 4, 2020. No attached document Signed by Judge Robert J. Shelby on 5/1/2020. (mjm) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
42

NOTICE of Final Count of the Signatures to the Lieutenant Governor's Office by Spencer Cox, Gary Herbert re 30 Notice (Other) (Attachments: # 1 Exhibit "A" Signature Count Totals) (Wolf, David) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
43

Redacted REPLY to Response to Motion re 32 Redacted MOTION to Intervene filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Order

May 4, 2020

May 4, 2020

PACER
44

Supplemental AFFIDAVIT/DECLARATION of Lorraine P. Brown in Support re 32 Redacted MOTION to Intervene and Motion for Joinder filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
45

NOTICE of MOTION TO TRANSFER FILED IN BROWN V. HERBERT ET AL by Spencer Cox, Gary Herbert (Sorenson, Lance) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
46

REQUEST to Submit for Decision re 33 Redacted MOTION to Expedite Motion for Intervention and Required Joinder and Briefing on Preliminary Injunction and Memorandum in Support filed by Movant Lorraine P. Brown. (Brown, Lorraine) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
47

Defendant's ANSWER to Complaint filed by Spencer Cox, Gary Herbert.(Sorenson, Lance) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
48

MANDATE of USCA as to 36 Notice of Appeal - Interlocutory, filed by Jan Garbett According to the USCA the Mandate of the USDC for the Dist of UT is Dismissed. (Attachments: # 1 Exhibit Mandate Letter) (dla) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
49

DOCKET TEXT ORDER. On May 4, 2020, Lorraine Browns pending action for declaratory and injunctive relief was transferred from Judge Jenkins to Judge Shelby (Case No. 1:20-cv-52).In that action, Brown seeks the same relief she seeks here through her Motion to Intervene.Accordingly, Browns Motion to Intervene, docket entry 32 and Motion to Expedite, docket entry 33 are denied as moot. Signed by Judge Robert J. Shelby on 5/4/2020. (mjm) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
50

Plaintiff's MOTION for Summary Judgment and Memorandum in Support, Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Plaintiff Jan Garbett. (Attachments: # 1 Appendix of Evidence)(Teter, Michael) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
51

Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
52

Defendant's MEMORANDUM in Opposition re 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Attachments: # 1 Appendix of Exhibits)(Wolf, David) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
53

Plaintiff's REPLY to Response to Motion re 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
54

Plaintiff's MEMORANDUM in Opposition re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Plaintiff Jan Garbett. (Teter, Michael) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
55

ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett 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 6/26/2020. (mjm) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

Order Referring Case to Magistrate Judge

June 26, 2020

June 26, 2020

PACER
56

Defendant's REPLY to Response to Motion re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
57

REQUEST to Submit for Decision re 51 Cross MOTION for Summary Judgment or, in the alternative, Motion for Scheduling Order, 50 Plaintiff's MOTION for Summary Judgment and Memorandum in Support Plaintiff's MOTION for Declaratory Judgment and Memorandum in Support filed by Defendants Spencer Cox, Gary Herbert. (Wolf, David) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
58

MEMORANDUM DECISION AND ORDER denying 50 Motion for Summary Judgment; Motion for Declaratory Judgment; granting 51 Motion for Summary Judgment. Accordingly, the case is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
59

JUDGMENT in favor of Gary Herbert, Spencer Cox against Jan Garbett. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Robert J. Shelby on 1/22/21. (jwt) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER

Case Details

State / Territory: Utah

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: April 13, 2020

Case Ongoing: Yes