Case: Hansen v. Utah Board of Pardons and Parole

Utah state trial court

Utah state trial court

MOTION for Extension of Time To Respond to Plaintiff's Complaint filed by Defendants State of Utah, Utah Board of Pardons and Parole. (Attachments: # 1 Text of Proposed Order)(Cooper, Lora) Modified by correcting event type on 3/19/2024 (dle). (Entered: 03/19/2024)

DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 3/19/24. (dle) (Entered: 03/19/2024)

NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff David Hansen, Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Notice generated by Clerk's Office) Form due by 4/9/2024. (mh) (Entered: 03/19/2024)

ORDER granting 4 Motion for Extension of Time to Respond to Complaint: Defendants are to respond to Plaintiff David Hansen's complaint on or before May 3, 2024. Signed by Magistrate Judge Jared C. Bennett on 3/19/24. (dle) (Entered: 03/19/2024)

ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 03/19/2024. (haa) (Entered: 03/19/2024)

Order Referring Case to Magistrate Judge

NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff David Hansen. (Notice generated by Clerk's office) Form due by 4/10/2024. (kec) Modified by striking the docket text because this was created in error on 3/21/2024 (kec). (Entered: 03/20/2024)

RECEIVED Magistrate Availability Form from Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (mh) (Entered: 03/21/2024)

NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form motion is available on the court's website. Notice e-mailed or mailed to Plaintiff David Hansen, Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (kec) (Entered: 03/21/2024)

RECEIVED Magistrate Availability Form from Plaintiff David Hansen. (mh) (Entered: 04/08/2024)

SUBSTITUTION OF COUNSEL Andrew R. Hopkins replacing Lora E. Cooper as counsel on behalf of Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Hopkins, Andrew) (Entered: 04/22/2024)

MOTION to Dismiss and Memorandum in Support filed by Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Hopkins, Andrew) (Entered: 05/03/2024)

Stipulated MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiff David Hansen. (Attachments: # 1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Baczynski, Daniel) (Entered: 05/31/2024)

ORDER granting 15 Stipulated Motion for Extension of Time to Oppose 14 Defendants' Motion to Dismiss: Mr. Hansen's response to the Motion to Dismiss is due on or before June 7, 2024. Signed by Magistrate Judge Jared C. Bennett on 6/3/24. (dle) (Entered: 06/03/2024)

MEMORANDUM in Opposition re 14 MOTION to Dismiss and Memorandum in Support filed by Plaintiff David Hansen. (Baczynski, Daniel) (Entered: 06/07/2024)

REASSIGNMENT to Newly Appointed District Judge. Under DUCivR 83-2, this case is reassigned to District Judge Ann Marie McIff Allen. Judge Howard C. Nielson, Jr. no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A) re 5 Order Referring Case to Magistrate Judge,. Case number will now read 2:24-cv-00203-AMA-JCB. Please make changes to document captions accordingly. (jwt) (Entered: 06/18/2024)

REPLY RESPONSE re 17 Memorandum in Opposition to 14 Motion, filed by Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Hopkins, Andrew) Modified by correcting text to reply on 6/25/2024 (mh). (Entered: 06/21/2024)

Modification of Docket re 19 : Error: Pleading filed under event Response (NOT to motion). Pleading is a reply to the 17 opposition to a 14 motion. Correction: Pleading docket text updated to REPLY. (mh) (Entered: 06/25/2024)

MEMORANDUM DECISION AND ORDER granting in part and denying in part 14 Motion to Dismiss. Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint not later than March 18, 2025, setting forth facts sufficient to state a claim within this Court's original jurisdiction. Failure to file an amended complaint by that deadline will result in remand of this action to state court without further notice. The remaining requests in Defendants' Motion are denied. Signed by District Judge Ann Marie McIff Allen on 3/4/2025. (mh)

ORDER Remanding Case to Utah's Third District Court. Signed by District Judge Ann Marie McIff Allen on 3/19/2025. (alf) (Entered: 03/19/2025)

NOTICE OF TRANSMITTAL that case has been transferred to Third District Court via via USPS. Certified copy of docket sheet and remand order sent. State court case number 240901560. (alf) (Entered: 03/19/2025)

MOTION to Set Aside 22 Order and Memorandum in Support filed by Plaintiff David Hansen. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Amended Complaint with Redlines)(Baczynski, Daniel) (Entered: 03/27/2025)

NOTICE: The court received a bounce-back notification indicating that the primary email address seanreyes@agutah.gov, for attorney Sean D. Reyes is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl) (Entered: 04/03/2025)

RESPONSE to Motion re 24 MOTION to Set Aside 22 Order and Memorandum in Support filed by Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Hopkins, Andrew) (Entered: 04/03/2025)

NOTICE: The court received a bounce-back notification indicating that the primary email address seanreyes@agutah.gov, for attorney Sean D. Reyes is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl) (Entered: 04/04/2025)

DOCKET TEXT ORDER denying 24 Motion to Set Aside. As counsel for Defendants correctly points out, 28 U.S.C. 1447(d) precludes even the Court's own review of its order remanding this case to state court. See, e.g., Velocity Cap. Grp., LLC v. Vyvue, LLC, No. 2:23-CV-00356-DBB, 2023 WL 4562408, at *1 (D. Utah July 17, 2023). While 1447(d) contains an exception for cases removed under 28 U.S.C. 1443 and the notice of removal contains a reference to that provision, counsel correctly notes that 1443 is not actually applicable to this case. See, e.g., Miller v. Lambeth, 443 F.3d 757, 761 (10th Cir. 2006) (holding 28 U.S.C. 1443 allows removal only: (1) when sought by federal officers/agents "and those authorized to act with or for them in affirmatively executing duties under any federal law providing for equal civil rights" or (2) in cases arising under law "providing for specific civil rights stated in terms of racial equality" where the removing party cannot enforce those rights in state court). Neither circumstance was alleged in the pleadings here. Accordingly, the Court finds it lacks jurisdiction to review the order remanding this case to state court. Signed by District Judge Ann Marie McIff Allen on 4/4/2025. No attached document. (jag) (Entered: 04/04/2025)

Order on Motion to Set Aside