Case: Southern Utah Drag Stars v. City of St. George

4:23-cv-00044 | U.S. District Court for the District of Utah

Filed Date: May 23, 2023

Case Ongoing

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Case Summary

On May 23, 2023, the Southern Utah Drag Stars, an LLC that hosts LGBTQ+ events, and its CEO, sued the city of St. George, Utah, after the city denied the organization a special events permit for a family-friendly drag show. Plaintiffs alleged violations of the First and Fourteenth Amendments as well as the Utah Constitution. In particular, they claimed that the city's denial of their special events permit, and subsequent six-month moratorium on such permits and ban on advertising unapproved eve…

On May 23, 2023, the Southern Utah Drag Stars, an LLC that hosts LGBTQ+ events, and its CEO, sued the city of St. George, Utah, after the city denied the organization a special events permit for a family-friendly drag show. Plaintiffs alleged violations of the First and Fourteenth Amendments as well as the Utah Constitution. In particular, they claimed that the city's denial of their special events permit, and subsequent six-month moratorium on such permits and ban on advertising unapproved events, were unconstitutional content- and viewpoint-based restrictions on speech in a public forum, constituted unlawful censorship-like prior restraint, were overbroad, void for vagueness, unlawfully discriminated against LGBTQ+ people, and violated state anti-discrimination laws.  Represented by the ACLU, ACLU of Utah, and private counsel, they brought the lawsuit in the U.S. District Court for the District of Utah against the City of St. George, City Council, and individual City officials in their official capacities.  The case was assigned to U.S. District Judge David Nuffer.  

On May 30, 2023, plaintiffs filed a motion for a preliminary injunction, requesting a court order reversing the City's denial of their special events permit and requiring the City to permit the drag show to be held in June 2023. On June 16, 2023, the court granted plaintiffs' requested preliminary relief. 2023 WL 4053395. As to the First Amendment claims, the court first held that the plaintiffs had demonstrated a substantial likelihood of success on the merits of their claim that the challenged moratorium on special events permits and advertising prohibition were unconstitutionally overbroad.  As to the advertising prohibition, which barred promotion and advertising of all new special events before a permit had issued, the court found that the City offered no legitimate interest or purpose justifying the prohibition, which barred significant swaths of speech.  Similarly, it held that the moratorium was likely overbroad because it restricted all new speakers that sought to use special events to speak in public forums. It further found the advertising prohibition unconstitutionally vague because it did not define "advertise" or "promote," words it used to describe prohibited speech, and thus failed to provide people of ordinary intelligence a reasonable opportunity to understand what it prohibited. It further found both the advertising prohibition and the special events moratorium unconstitutional prior restraints on protected speech, citing their broad sweep, vague language, and the unfettered discretion the City had to enforce them, and the City's lack of substantial interest in enforcement of the advertising prohibition and the failure of the moratorium to serve the City's asserted interests in its enforcement. 

The Court further held that plaintiffs had shown a substantial likelihood of success on the merits of their claim that the advertising prohibition and moratorium on special events was unconstitutional discrimination.  It explained that the drag show was protected speech, and the City's actions prohibiting the show failed to satisfy strict or intermediate scrutiny.  Finally, the court held that the restriction on plaintiffs' protected speech in traditional public forums for several months was an irreparable harm, and that the balance of harms tipped heavily in plaintiffs' favor.  The court therefore granted the requested preliminary relief, ordering the City to reverse its denial of plaintiffs' special events permit and to issue a permit for a drag show on June 30, 2023 and preliminarily enjoining enforcement of the advertising prohibition, or any future advertising prohibition against plaintiffs, and the special events moratorium as to plaintiffs' application.  As of June 2023, the case is ongoing. 

Summary Authors

Tessa Bialek (6/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67419088/parties/southern-utah-drag-stars-v-city-of-st-george/


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Documents in the Clearinghouse

Document
2

4:23-cv-00044

Complaint

May 23, 2023

May 23, 2023

Complaint
63

4:23-cv-00044

Memorandum Decision and Order Granting Preliminary Injunction

June 16, 2023

June 16, 2023

Order/Opinion

2023 WL 2023

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67419088/southern-utah-drag-stars-v-city-of-st-george/

Last updated March 11, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Paul Kohler. Plaintiffs Mitski Avalox, Southern Utah Drag Stars is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. 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. (Attachments: # 1 Errata Attachment to Civil Cover Sheet) (ks) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
2

COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4685906) filed by Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Civil Cover Sheet Addendum) (De Fex, Valentina) (Entered: 05/23/2023)

1 Civil Cover Sheet Civil Cover Sheet

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2 Supplement Civil Cover Sheet Addendum

View on PACER

May 23, 2023

May 23, 2023

Clearinghouse
3

** STRIKE ** NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorney Emerson Sykes, Joshua Block, Elizabeth Gyori, for Plaintiffs Mitski Avalox, Southern Utah Drag Stars has not registered to efile and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorney of this deficiency. Failure to comply with this court's rules may result in revocation of PHV admission. (ks) Modified on 5/23/2023, clerk entered wrong document (ks). (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
4

ORDER TO PREPARE SCHEDULE AND PREPARE FOR CASE MANAGEMENT CONFERENCE - See order for details. Signed by Magistrate Judge Paul Kohler on 5/24/2023. (alf) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
5

MOTION for Admission Pro Hac Vice of Jeremy Creelan, Registration fee $ 250, receipt number AUTDC-4687915,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
6

MOTION for Admission Pro Hac Vice of Remi Jaffre, Registration fee $ 250, receipt number AUTDC-4687917,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
7

MOTION for Admission Pro Hac Vice of Jocelyn Sitton, Registration fee $ 250, receipt number AUTDC-4687920,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
8

MOTION for Admission Pro Hac Vice of Owen Keiter, Registration fee $ 250, receipt number AUTDC-4687921,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
9

MOTION for Admission Pro Hac Vice of Meredith Hurley, Registration fee $ 250, receipt number AUTDC-4687922,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
10

MOTION for Admission Pro Hac Vice of Nathaniel Castellano, Registration fee $ 250, receipt number AUTDC-4687923,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
11

ORDER granting 10 Motion for Admission Pro Hac Vice of Attorney Nathaniel Castellano for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
12

ORDER granting 9 Motion for Admission Pro Hac Vice of Attorney Meredith Hurley for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
13

ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Remi Jaffre for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
14

ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Jocelyn Sitton for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
15

ORDER granting 5 Motion for Admission Pro Hac Vice of Attorney Jeremy Creelan for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
16

ORDER granting 8 Motion for Admission Pro Hac Vice of Attorney Owen Keiter for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
17

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to City of St. George Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
18

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Michele Randall Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
19

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to John Willis Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
20

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Michelle Tanner Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
21

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Gregg McArthur Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
22

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Natalie Larsen Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
23

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Dannielle Larkin Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
24

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Jimmie Hughes Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
25

MOTION for Admission Pro Hac Vice of Emerson Sykes, Registration fee $ 250, receipt number AUTDC-4689345,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
26

MOTION for Admission Pro Hac Vice of Joshua A. Block, Registration fee $ 250, receipt number AUTDC-4689362,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
27

MOTION for Admission Pro Hac Vice of Elizabeth Gyori, Registration fee $ 250, receipt number AUTDC-4689367,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
28

WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to City Counsel of St. George Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
29

ORDER granting 26 Motion for Admission Pro Hac Vice of Attorney Joshua A. Block for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
30

ORDER granting 27 Motion for Admission Pro Hac Vice of Attorney Elizabeth Gyori for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
31

ORDER granting 25 Motion for Admission Pro Hac Vice of Attorney Emerson Sykes for Mitski Avalox and Southern Utah Drag Stars.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
32

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Proposed Order)(De Fex, Valentina) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
33

ORDER granting 32 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul Kohler on 5/30/2023. (alf) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER

Order

May 30, 2023

May 30, 2023

PACER

Order on Motion for Preliminary Injunction

May 30, 2023

May 30, 2023

PACER

Order Setting Hearing on Motion AND Order Setting Hearing or Trial AND ~Util - Terminate Motions

May 30, 2023

May 30, 2023

PACER
34

MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration of Tara Lipsyncki, # 6 Declaration of Mitski Avalox, # 7 Exhibit A to Declaration of Mitski Avalox, # 8 Exhibit B-1 to Declaration of Mitski Avalox, # 9 Exhibit B-2 to Declaration of Mitski Avalox, # 10 Exhibit B-3 to Declartion of Mitski Avalox)(Creelan, Jeremy) (Entered: 05/30/2023)

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 Declaration of Tara Lipsyncki

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6 Declaration of Mitski Avalox

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7 Exhibit A to Declaration of Mitski Avalox

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8 Exhibit B-1 to Declaration of Mitski Avalox

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9 Exhibit B-2 to Declaration of Mitski Avalox

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10 Exhibit B-3 to Declartion of Mitski Avalox

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May 30, 2023

May 30, 2023

RECAP
35

MOTION to Expedite Briefing on Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Text of Proposed Order)(Creelan, Jeremy) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
36

NOTICE OF NONELECTRONIC FILING of Exhibits A, B, C, and D to Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars re 34 MOTION for Preliminary Injunction and Memorandum in Support (Creelan, Jeremy) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
37

DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiffs' filing of a motion for injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge. No attached document. Signed by Magistrate Judge Paul Kohler on 5/30/2023. (tlc) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
38

Pursuant to Docket Text Order 37, case is randomly assigned to Judge David Nuffer and Magistrate Judge Paul Kohler is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Paul Kohler no longer assigned as the presiding judge to the case. (alf) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
39

Amended MOTION to Expedite Briefing on Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
40

DOCKET TEXT ORDER granting 39 Amended MOTION to Expedite Briefing on Plaintiffs' Motion for Preliminary Injunction. The following hearing and briefing schedule regarding the 34 Motion for Preliminary Injunction is set: Telephonic Status Conference set for June 1, 2023 at 01:00 PM before Judge David Nuffer. Instructions for attending the telephonic status conference will be sent by email.Defendants' response to the 34 Motion must be filed by no later than noon on June 6, 2023.Plaintiffs' reply to the 34 Motion must be filed by no later than 4:00 p.m. on June 9, 2023. Hearing on 34 MOTION for Preliminary Injunction is set for June 14, 2023 at 01:00 PM in Room 2B 206 at the St George Courthouse before Judge David Nuffer. This hearing and briefing schedule is subject to change based on information obtained at the June 1, 2023 telephonic status conference. So ordered by Judge David Nuffer on 5/30/23 (docket text only - no attached document) (alt) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
41

NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorney Emerson Sykes for Plaintiffs Mitski Avalox, Southern Utah Drag Stars has not registered to e-file and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorney of this deficiency. Failure to comply with this court's rules may result in revocation of PHV admission. (alt) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
42

DOCKET TEXT ORDER taking under advisement 34 Motion for Preliminary Injunction.Because Defendants have not yet made an appearance in the case, it is unknown whether Defendants received electronic notice of the filing of Plaintiffs' 34 Motion for Preliminary Injunction, or the 40 Docket Text Order Granting Plaintiffs' 39 Motion for Expedited Briefing.Therefore, Plaintiffs are directed to ensure Defendants have received notice of the 34 Motion and the 40 Docket Text Order, which may include physical service of the 34 Motion and 40 Docket Text Order on Defendants. And Plaintiffs must file a notice stating the manner in which notice of the 34 Motion and 40 Docket Text Order was given to Defendants and the date of such notice. Signed by Judge David Nuffer on 05/30/2023. No attached document. (apm) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
43

NOTICE of Delivery of Materials to Defendants by Mitski Avalox, Southern Utah Drag Stars (Creelan, Jeremy) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
44

NOTICE of Appearance by R. Scott Young on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Young, R.) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
45

** SEALED DOCUMENT ** DOCUMENTS LODGED consisting of Notice of Audio Hearing sent to counsel's email. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (pjd) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
48

Minute Entry for proceedings held before Judge David Nuffer: Telephone Conference held on 6/1/2023. All parties are present by phone. Discussion held on the briefing schedule regarding the 34 Motion for Preliminary Injunction. Mr. Young request for an extension. Court grants request. Deadlines set as: Defendants' response to the 34 Motion must be filed by no later than 10:00 am on June 9, 2023Plaintiffs' reply to the 34 Motion must be filed by no later than noon. on June 13, 2023. Hearing on 34 MOTION for Preliminary Injunction is set for June 14, 2023 at 01:00 PM in Room 2B 206 at the St George Courthouse before Judge David Nuffer. Court adjourns: Attorney for Plaintiff: Nathaniel Castellano, Valentina De Fex, Elizabeth Gyori, Remi Jaffre, John Mejia, Jocelyn Sitton,, Attorney for Defendant: Scott Young, Tani Downing,. Court Reporter: Michelle Gonsalves.(Time Start: 1:00, Time End: 1:22, Room Teleconference.)(pjd) (Entered: 06/05/2023)

June 1, 2023

June 1, 2023

PACER
50

EXHIBITS A-D filed by Mitski Avalox, Southern Utah Drag Stars re 34 MOTION for Preliminary Injunction, consisting of 4 video files on 4 separate discs. The video files are not uploaded to the docket due to non-PDF file type and the discs will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) (Entered: 06/07/2023)

June 1, 2023

June 1, 2023

PACER
46

NOTICE of Appearance by Tani Pack Downing on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Downing, Tani) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
47

NOTICE of Appearance by Ryan Dooley on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Dooley, Ryan) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
49

Defendant's MOTION for Leave to File Excess Pages For Defendant's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

PACER

Order on Motion for Leave to File Excess Pages

June 7, 2023

June 7, 2023

PACER

Order

June 7, 2023

June 7, 2023

PACER
51

DOCKET TEXT ORDER granting 49 Motion for Leave to File Excess Pages.Defendants are given leave to file a 35-page response to Plaintiffs' 34 Motion for Preliminary Injunction. Signed by Judge David Nuffer on 06/07/2023. No attached document. (apm) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

PACER
52

DOCKET TEXT ORDER No attached document. To help create a complete written record Defendants shall separately file with Defendants' response to Plaintiffs' motion for preliminary injunction answers and supporting documentation addressing the following questions: 1. When was the advertising prohibition enacted, and how was it enforced before 2023? 2. List all events identified on the March 21, 2023 list. 3. List all event applications denied based on the advertising prohibition or approved in spite of the advertising prohibition. Identify each event and list the application date, applicant, date of denial or approval. Supporting documentation for this answer shall include the applications, any documentation of decision, notes of meetings, and email or message chains discussing these applications or the decisions. 4. The September 2, 2022 list of reoccurring events referenced in the moratorium ordinance.5. List each special event application to the City for calendar year 2022 including the date the application was submitted, the applicant name, the date the permit was issued or denied, and the date of the special event. Signed by Judge David Nuffer on June 6, 2023. (mwj) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

PACER
53

NOTICE of Appearance by Jami R. Brackin on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Brackin, Jami) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
54

Defendant's MEMORANDUM in Opposition re 34 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Appendix Appendix)(Young, R.) (Entered: 06/09/2023)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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12 Exhibit Exhibit 12

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13 Exhibit Exhibit 13

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14 Appendix Appendix

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June 9, 2023

June 9, 2023

RECAP
55

ORDER The oral argument on the Motion for Preliminary Injunction set for Wednesday June 14, 2023, at 1:00 p.m. is VACATED. Signed by Judge David Nuffer on 9 June 2023. (DN) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER

6/14/23 Motion Hearing set for 1:00 p.m. in St George is terminated per 55 Order (alt)

June 9, 2023

June 9, 2023

PACER
56

ORDER Counsel may file supplemental documents and responses to the list of questions and requests no later than 12:00 p.m. noon, June 14, 2023. These requests are primarily directed to the Defendants. Signed by Judge David Nuffer on 10 June 2023. (DN) (Entered: 06/10/2023)

June 10, 2023

June 10, 2023

PACER
57

MOTION for Leave to File Excess Pages / Plaintiffs' Unopposed Motion for Leave to File Overlength Reply Brief in Support of Their Motion for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Proposed Order) Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER

Order on Motion for Leave to File Excess Pages

June 12, 2023

June 12, 2023

PACER
58

DOCKET TEXT ORDER granting Plaintiffs 57 Motion for Leave to File Overlength Reply in Support of their Motion for Preliminary Injunction. Plaintiffs may file a reply 6 pages overlength. Signed by Judge David Nuffer on June 12, 2023. No attached document. (mwj) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
59

REPLY to Response to Motion re 34 MOTION for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
60

Response to Court's Questions in Dkt#56 BRIEF re 56 Order, filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Young, R.) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

PACER
61

ORDER Counsel may file supplemental documents and responses to the below list of questions and requests no later than 5:00 p.m., June 15, 2023. Signed by Judge David Nuffer on 6/15/2023. (nl) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
62

Response to Court's Questions in Dkt#61 BRIEF re 61 Order filed by Defendants City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Young, R.) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
63

MEMORANDUM DECISION AND ORDER granting 34 Motion for Preliminary Injunction. An attorney's meeting planning report and proposed scheduling order for resolution of the issues presented in the case is due by 7/31/23. Signed by Judge David Nuffer on 6/16/23 (alt) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

Clearinghouse
64

NOTICE of Filing of Election Pursuant to the Court's Memorandum and Order Granting Preliminary Injunction by Mitski Avalox, Southern Utah Drag Stars (Creelan, Jeremy) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

RECAP
65

NOTICE OF VIDEO HEARING: Case Management Conference set for 8/15/2023 at 01:30 PM in STGU- St George *virtual Court Via Zoom Conference* before Magistrate Judge Paul Kohler. If not already filed the Attorney Planning Meeting Report must be filed and the Proposed Scheduling Order must be emailed in word processing format to dj.nuffer@utd.uscourts.gov at least one week before the Conference.Conference link will be emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information. (pjd) (Entered: 07/03/2023)

July 3, 2023

July 3, 2023

PACER
66

ANSWER to Complaint with Jury Demand filed by City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis.(Young, R.) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
67

MOTION for Judgment on the Pleadings filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
68

REPORT OF ATTORNEY PLANNING MEETING. (Creelan, Jeremy) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
69

Stipulated MOTION for Initial Scheduling Conference filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
70

DOCKET TEXT ORDER granting 69 Motion for Initial Scheduling Conference. The Court will conduct an Initial Scheduling Conference in conjunction with the Case Management Conference set for 8/15 at 1:30 p.m. Signed by Magistrate Judge Paul Kohler on 8/9/2023. No attached document. (tlc) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER

Order on Motion for Initial Scheduling Conference

Aug. 9, 2023

Aug. 9, 2023

PACER
71

SCHEDULING ORDER: Amended Pleadings due by 12/22/2023. Joinder of Parties due by 12/22/2023. Expert Discovery due by 5/24/2024. Motions due by 7/26/2024. Scheduling Conference set for 8/13/2024 at 02:00 PM in Room 197 (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 8/15/23 (alt) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER
72

Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Case Management Conference held on 8/15/2023. Counsel and court present by Zoom video conference. Discussion heard on the allegations stated in the complaint and current scheduling order. Court plans on filing a scheduling order shortly Court adjourned. Attorney for Plaintiff: Remi Jaffre, Valentina De Fex, Elizabeth Gyori, Emerson Sykes, Attorney for Defendant: Scott Young. Court Reporter: Electronic.(Time Start: 1:30, Time End: 1:51, Room Zoom Video Conference.)(pjd) (Entered: 08/16/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER
73

Plaintiff's MEMORANDUM in Opposition re 67 MOTION for Judgment on the Pleadings filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
74

REPLY to Response to Motion re 67 MOTION for Judgment on the Pleadings filed by Defendants City Counsel of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
75

NOTICE OF WITHDRAWAL OF COUNSEL of Valentina De Fex filed by Valentina De Fex on behalf of Mitski Avalox, Southern Utah Drag Stars (De Fex, Valentina) (Entered: 09/21/2023)

Sept. 21, 2023

Sept. 21, 2023

PACER
76

NOTICE of Substitution of Local Counsel for Attorneys Admitted Pro Hac Vice by Mitski Avalox, Southern Utah Drag Stars (Mejia, John) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

PACER
77

Stipulated MOTION to Stay filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 10/03/2023)

1 Text of Proposed Order

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Oct. 3, 2023

Oct. 3, 2023

RECAP
78

ORDER granting 77 Stipulated Motion to Stay : All pending dates and deadlines in this action are stayed until (a) the parties file a stipulated motion for dismissal of the pending action because they have settled and resolved all issues between them in this action or (b) the parties file a joint status report and request a status conference. Signed by Judge David Nuffer on 10/4/23. (dle) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
79

Stipulated MOTION to Lift the Stay and Proceed with Discovery filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
80

Stipulated MOTION for Amended Scheduling Order filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
81

ORDER granting 79 Motion to Lift the Stay and Proceed with Discovery. Signed by Magistrate Judge Paul Kohler on 12/13/23 (alt) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
82

AMENDED SCHEDULING ORDER granting 80 Motion for Amended Scheduling Order. Amended Pleadings due by 2/23/2024. Joinder of Parties due by 2/23/2024. Expert Discovery due by 6/21/2024. Motions due by 7/26/2024. Scheduling Conference set for 8/13/2024 at 02:00 PM in Room 197 (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 12/13/23 (alt) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
83

Defendant's MOTION for Partial Summary Judgment on Plaintiffs' Claims for Injunctive and Declaratory Relief filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit DEF000202-000223)(Young, R.) (Entered: 12/14/2023)

1 Exhibit DEF000202-000223

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Dec. 14, 2023

Dec. 14, 2023

RECAP
84

Stipulated MOTION for Extension of Time Respond to Motion for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. Motions referred to Paul Kohler.(Mejia, John) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
85

DOCKET TEXT ORDER granting 84 Motion for Extension of Time.Plaintiffs' deadline to respond to Defendants' 83 Motion for Partial Summary Judgment is extended to January 26, 2024. Signed by Judge David Nuffer on 12/22/2023. No attached document. (apm) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER

Order on Motion for Extension of Time

Dec. 22, 2023

Dec. 22, 2023

PACER
86

Defendant's MOTION to Stay Discovery filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit New Ordinance, # 2 Exhibit PL ID, # 3 Exhibit DEF ID, # 4 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 01/09/2024)

1 Exhibit New Ordinance

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2 Exhibit PL ID

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3 Exhibit DEF ID

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4 Text of Proposed Order

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Jan. 9, 2024

Jan. 9, 2024

RECAP
87

NOTICE OF FILING of Defendants' Deposition Plan filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
88

NOTICE OF FILING of Plaintiffs' Plan for Depositions filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
89

Plaintiff's MEMORANDUM in Opposition re 86 Defendant's MOTION to Stay Discovery filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
90

ORDER granting 86 Motion to Stay Discovery pending ruling on 83 Motion for Partial Summary Judgment. Signed by Magistrate Judge Paul Kohler on 1/17/24 (alt) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

RECAP
91

MEMORANDUM in Opposition re 83 Defendant's MOTION for Partial Summary Judgment on Plaintiffs' Claims for Injunctive and Declaratory Relief / Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Exhibit - Declaration of Mitski Avalox)(Creelan, Jeremy) (Entered: 01/26/2024)

1 Exhibit - Declaration of Mitski Avalox

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Jan. 26, 2024

Jan. 26, 2024

RECAP

Case Details

State / Territory: Utah

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 23, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An LLC that hosts LGBTQ+ affiliated events and its CEO.

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of St. George, Utah (St. George, Washington), City

Defendant Type(s):

Parks

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Order Duration: 2023 - None

Issues

Discrimination Basis:

Gender identity

Sex discrimination

LGBTQ+:

Drag Show Bans

LGBTQ+