Case: Disability Law Center v. Discovery Academy

Case has been opened and assigned to Judge Dee Benson. Plaintiff Disability Law Center is directed to E-File the Complaint (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day. (jwt) (Entered: 07/12/2007)

COMPLAINT against all defendants (Filing fee $ 350, receipt number 537996), filed by Disability Law Center. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Dee Benson (Mohrman, Michael) (Entered: 07/12/2007)

2 Civil Cover Sheet

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ANSWER to Complaint filed by Brent Hall, Ivy Academy.(Jeffs, M.) (Entered: 09/27/2007)

NOTICE OF ADR, e-mailed or mailed to Plaintiff Disability Law Center, Defendants Brent Hall, Ivy Academy. (rlr) (Entered: 09/28/2007)

NOTICE of Change of Address by Robert L Jeffs (Email Address) (Jeffs, Robert) (Entered: 10/10/2007)

SUBSTITUTION OF COUNSEL Robert L. Jeffs replacing M. Dayle Jeffs as counsel on behalf of Brent Hall. (Jeffs, Robert) (Entered: 10/11/2007)

SUBSTITUTION OF COUNSEL Robert L. Jeffs replacing M. Dayle Jeffs as counsel on behalf of Ivy Academy. (Jeffs, Robert) (Entered: 10/11/2007)

Plaintiff's MOTION to Withdraw as Attorney Michael K. Mohrman filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 05/15/2008)

ORDER granting 8 Motion to Withdraw as Attorney. Attorney Michael K. Mohrman withdrawn from case for Disability Law Center. Signed by Judge Dee Benson on 5/19/2008. (rlr) (Entered: 05/20/2008)

CERTIFICATE OF SERVICE by Disability Law Center Plaintiff's Initial Rule 26 Disclosures (Berry, Raymond) (Entered: 08/01/2008)

CERTIFICATE OF SERVICE by Disability Law Center Plaintiff's Rule 34 Request for Inspection of Facility and Operations (Berry, Raymond) (Entered: 08/01/2008)

OBJECTIONS to Plaintiff's Rule 34 Request for Inspection of Facility and Operations filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Jeffs, Robert) (Entered: 08/27/2008)

ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters.. Signed by Judge Dee Benson on 9/14/2008. (rlr) (Entered: 09/16/2008)

Case Reassigned to Judge Clark Waddoups. Judge Dee Benson no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Warner under 28:636 (b)(1)(A) re 13 Order Referring Case to Magistrate Judge. Case number will now read 2:07cv511-CW. Please make changes to document captions accordingly. (blk) (Entered: 11/13/2008)

NOTICE of Appearance by Jennifer K. Gowans on behalf of all defendants (Gowans, Jennifer) (Entered: 11/13/2008)

NOTICE of Appearance by Randall K. Spencer on behalf of all defendants (Spencer, Randall) (Entered: 11/13/2008)

MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations filed by Plaintiff Disability Law Center. Motions referred to Paul M. Warner.(Berry, Raymond) (Entered: 12/01/2008)

MEMORANDUM in Support re 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 12/01/2008)

MOTION for Leave to File Excess Pages filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Gowans, Jennifer) (Entered: 12/12/2008)

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)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 2/4/2009 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (Entered: 12/15/2008)

ORDER granting 19 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul M. Warner on 12/15/2008. (rlr) (Entered: 12/15/2008)

MEMORANDUM in Opposition re 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations and REQUEST FOR ATTORNEYS FEES PURSUANT TO RULE 37 filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Attachments: # 1 Affidavit)(Gowans, Jennifer) Modified on 1/7/2009 by adding information re: request for atty fees (ce). (Entered: 12/16/2008)

MOTION for Extension of Time Reply Brief re Motion to Compel Rule 34 Inspection filed by Plaintiff Disability Law Center. Motions referred to Paul M. Warner.(Berry, Raymond) (Entered: 12/22/2008)

NOTICE of Appearance by Raymond Scott Berry on behalf of Disability Law Center (Berry, Raymond) (Entered: 12/22/2008)

ORDER granting 23 Motion for Extension of Time. Plaintiff shall have up to and including 1/9/2009 to file its reply memorandum on its pending motion to compel. Signed by Magistrate Judge Paul M. Warner on 12/23/2008. (rlr) (Entered: 12/23/2008)

Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages filed by Plaintiff Disability Law Center. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Berry, Raymond) (Entered: 01/06/2009)

ORDER granting 26 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul M. Warner on 1/7/09 (alt) (Entered: 01/07/2009)

REPLY to Response to Motion re 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 01/08/2009)

NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 12/15/08 20 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)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 2/4/2009 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (tab) (Entered: 01/08/2009)

NOTICE OF CLAIM OF UNCONSTITUTIONALITY filed by Defendants Discovery Academy, Brent Hall, Ivy Academy (Gowans, Jennifer) (Entered: 01/08/2009)

REQUEST to Submit for Decision re 22 Memorandum in Opposition to Motion, 18 Memorandum in Support of Motion, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations, 28 Reply Memorandum/Reply to Response to Motion filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 01/26/2009)

NOTICE of Appearance by Lisa R. Fine on behalf of Disability Law Center (Fine, Lisa) (Entered: 01/26/2009)

REPORT OF ATTORNEY PLANNING MEETING. (Fine, Lisa) (Entered: 01/29/2009)

SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 6/1/2009. Joinder of Parties due by 7/1/2009. Discovery due by 9/15/2009. Motions due by 10/1/2009. Final Pretrial Conference set for 2/24/2010 02:30 PM in Room 102 before Judge Clark Waddoups. 3-day Bench Trial set for 3/10/2010 08:30 AM in Room 102 before Judge Clark Waddoups. Signed by Magistrate Judge David Nuffer on 1/29/09 (alt) (Entered: 01/30/2009)

MOTION for Summary Judgment filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Gowans, Jennifer) (Entered: 02/24/2009)

NOTICE OF HEARING ON MOTION re: 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations. Motion Hearing set for 3/6/2009 at 2:00 P.M. in Room 477 before Magistrate Judge Paul M. Warner. (Notice generated by PMW chambers) (jcd) (Entered: 02/25/2009)

NOTICE OF CLAIM OF UNCONSTITUTIONALITY filed by Defendants Discovery Academy, Brent Hall, Ivy Academy (Gowans, Jennifer) (Entered: 02/25/2009)

MOTION for Hearing re 35 MOTION for Summary Judgment, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations (consolidated) filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Gowans, Jennifer) (Entered: 02/25/2009)

ORDER granting 38 Motion to Consolidate Hearing/Consideration on 17 Motion to Compel and 35 Motion for Summary Jgm. Signed by Magistrate Judge Paul M. Warner on 2/26/09 (alt) (Entered: 02/26/2009)

NOTICE VACATING HEARING ON MOTION re: 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations.Motion Hearing previously set for 3/6/2009 at 2:00 P.M. in Room 477 before Magistrate Judge Paul M. Warner IS HEREBY VACATED. (Notice generated by PMW chambers) (jcd) (Entered: 02/26/2009)

Deadlines/Hearings terminated. Motion Hearing previously set for 3/6/2009 at 2:00 P.M. in Room 477 before Magistrate Judge Paul M. Warner has been terminated. (jcd)

NOTICE OF TRANSMITTAL re: Notice of Claim of Unconstitutionality to US Atty General via Certified Mail. Letter, form DU02a, and Certified copy of dfts' claim notice sent (alt) (Entered: 03/12/2009)

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for 37 Notice of Claim of Unconstitutionality served on USAG Eric J. Holder on 3/19/09 (alt) (Entered: 03/23/2009)

DOCUMENT LODGED consisting of: correspondence re 37 Notice of Claim of Unconstitutionality (alt) (Entered: 04/03/2009)

MEMORANDUM in Opposition re 35 MOTION for Summary Judgment filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 04/06/2009)

AFFIDAVIT of Kerry Chlarson in Opposition re 35 MOTION for Summary Judgment filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 04/06/2009)

Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall filed by Plaintiff Disability Law Center. Motions referred to Paul M. Warner.(Berry, Raymond) (Entered: 04/06/2009)

MOTION for Extension of Time to File Response/Reply as to 44 Memorandum in Opposition to Motion filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Gowans, Jennifer) (Entered: 04/23/2009)

ORDER granting 47 Motion for Extension of Time to File Response/Reply re 35 MOTION for Summary Judgment: Reply Memo due by 4/27/2009. Signed by Magistrate Judge Paul M. Warner on 4/24/09 (alt) (Entered: 04/24/2009)

MOTION for Admission Pro Hac Vice of Kathryn Wyer (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Text of Proposed Order)(Bennett, Jared) (Entered: 04/27/2009)

REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Gowans, Jennifer) (Entered: 04/27/2009)

MEMORANDUM in Opposition re 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Gowans, Jennifer) (Entered: 04/27/2009)

MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. Motions referred to Paul M. Warner.(Gowans, Jennifer) (Entered: 04/27/2009)

MOTION for Extension of Time Within Which the United States May Seek to Intervene filed by Interested Party United States of America. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Wyer, Kathryn) (Entered: 04/27/2009)

ORDER granting 53 Motion for Extension of Time for US to seek to intervene. Signed by Magistrate Judge Paul M. Warner on 4/29/09 (alt) (Entered: 04/29/2009)

ORDER granting 49 Motion for Admission Pro Hac Vice of Kathryn L. Wyer 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 5/7/09 (alt) (Entered: 05/08/2009)

MOTION for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment. NOTICE of SUPPLEMENTAL AUTHORITY by Discovery Academy, Brent Hall, Ivy Academy re 35 MOTION for Summary Judgment (Gowans, Jennifer) Modified on 5/14/2009 correcting docket text to match document image(jwt). (Entered: 05/13/2009)

Memorandum re 56 MOTION for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment filed by Defendants Discovery Academy, Brent Hall, Ivy Academy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Gowans, Jennifer) Modified on 5/14/2009 correcting docket text of 56 (jwt). (Entered: 05/13/2009)

MEMORANDUM in Opposition re 56 Motion for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment filed by Plaintiff Disability Law Center. (Berry, Raymond) (Entered: 05/21/2009)

MOTION to Intervene filed by Movant United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Memorandum in Support of the Constitutionality of the PAIMI Act) Motions referred to Paul M. Warner.(Wyer, Kathryn) (Entered: 06/08/2009)

1 Text of Proposed Order

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2 Proposed Memorandum in Support of the Constitutionality of the PAIMI Act

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MEMORANDUM in Support re 59 MOTION to Intervene filed by Movant United States of America. (Wyer, Kathryn) (Entered: 06/08/2009)

REQUEST to Submit for Decision re 59 MOTION to Intervene filed by Movant United States of America. (Wyer, Kathryn) (Entered: 07/14/2009)

NOTICE OF HEARING ON MOTION re: 56 Motion for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment, 35 MOTION for Summary Judgment, 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations, 52 MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment : (Notice generated by Theresa Brown) Motion Hearing set for 11/4/2009 03:00 PM in Room 102 before Judge Clark Waddoups. (tab) (Entered: 07/14/2009)

AMENDED NOTICE OF HEARING ON MOTION re: 56 Motion for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment, 35 MOTION for Summary Judgment, 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations, 52 MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment : (Notice generated by Theresa Brown) Motion Hearing set for 12/1/2009 03:00 PM in Room 102 before Judge Clark Waddoups. (tab) (Entered: 07/16/2009)

ORDER granting 59 Motion to Intervene. Signed by Magistrate Judge Paul M. Warner on 7/21/09. (jwt) (Entered: 07/22/2009)

Memorandum in Support of the Constitutionality of the PAIMI Act filed by Intervenor United States of America. (Document originally received on 6/8/09 and filed per 64 order granting motion to intervene.) (jwt) (Entered: 07/22/2009)

Motions No Longer Referred to Magistrate Judge Paul M. Warner: 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations; 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall; 52 MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment.The motions will be heard by District Judge Clark Waddoups (see docket no. 63, Amended Notice of Hearing). (jcd)

AMENDED NOTICE OF HEARING ON MOTION re: 56 Motion for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment, 35 MOTION for Summary Judgment, 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations, 52 MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment : (Notice generated by jwt) Motion Hearing set for 12/1/2009 03:30 PM in Room 102 before Judge Clark Waddoups. Note change in time from 3:00 to 3:30 PM; date remains the same. (jwt) (Entered: 11/09/2009)

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 12/1/2009 re 56 Motion for the Court to Take Judicial Notice of Adjudicative Facts; MOTION to Supplement Defendants' Reply Memorandum in Support of Motion for Summary Judgment filed by Brent Hall, Ivy Academy, Discovery Academy, 46 Plaintiff's MOTION to Strike 22 Memorandum in Opposition to Motion, to Strike Supporting Affidavit of Brent Hall filed by Disability Law Center, 35 MOTION for Summary Judgment filed by Brent Hall, Ivy Academy, Discovery Academy, 52 MOTION to Strike 45 Affidavit in Opposition to Motion for Summary Judgment filed by Brent Hall, Ivy Academy, Discovery Academy, 17 MOTION to Compel Compliance with Rule 34 Request for Inspection of Facility and Operations filed by Disability Law Center. The court hears argument on the motions and takes the matter under advisement. Attorney for Plaintiff: Raymond Scott Berry, Attorney for Defendant Randall K. Spencer, Attorney for Intervenor, Kathryn L. Wyer. Court Reporter: Karen Murakami. (jwt) (Entered: 12/02/2009)

MEMORANDUM DECISION AND ORDERgranting 35 Motion for Summary Judgment ; denying as moot 46 Motion to Strike ; denying as moot 52 Motion to Strike ; denying as moot 17 Motion to Compel. The court Grants the defendants Motion for Summary Judgment and dismisses the Complaint with prejudice. The court Denies as Moot the plaintiff's Motion to Compel and all other motions that are pending in this case. Signed by Judge Clark Waddoups on 1/5/2010. (las)

CLERK'S JUDGMENT in favor of Discovery Academy, Ivy Academy, Brent Hall against Disability Law Center signed by Louise York, Chief Deputy Clerk. Case Closed. Magistrate Judge Paul M. Warner no longer assigned to case (las) (Entered: 01/06/2010)