Case: Foote v. Spiegel

2:94-cv-00754 | U.S. District Court for the District of Utah

Filed Date: Aug. 1, 1994

Closed Date: Feb. 16, 2001

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Case Summary

A motorist brought this suit under § 1983 against Utah State Troopers, corrections officers, and the state of Utah on August 1, 1994 in the U.S. District Court for the District of Utah. The motorist alleged that the officers violated her Fourth Amendment rights and the Americans with Disabilities Act (ADA) when they strip searched after a traffic stop. The motorist sought damages for these alleged violations. She was represented by McCullough, Jones & Ivins and the American Civil Liberties Unio…

On May 8, 1994, the motorist and her passenger—who was shirtless, had long hair, and whose arm-length tattoos were clearly visible—were driving when state troopers pulled them over purportedly for a suspected fraudulent registration and driving too slow in the passing lane. Based on the motorist's slow speech and bloodshot eyes, the officers arrested her for driving under the influence and brought her to a local jail. While at the jail, and prior to her booking, a correctional deputy strip-searched the plaintiff.

The motorist claimed that the officers violated the ADA by failing to recognize the symptoms of her neurological problems and, instead, concluding that she was under the influence of drugs. She also claimed that the stop was pre-textual; that the officers stopped the car due to her passenger's unusual appearance. In addition, the motorist alleged that the officers lacked legal justification for: (1) detaining her once they had verified her registration; (2) searching her vehicle (3) arresting her; and (4) strip searching her. She also alleged a general conspiracy amongst the officers

On October 23, 1995, the court ruled on cross-motions for summary judgment. 903 F. Supp. 1463. Defendants' motions for summary judgment were granted on the issues of lawful arrest, lawful search of the vehicle, and supervisory liability. The court denied both parties' summary judgment as to the motorist's pretextual stop allegation. However, the court granted the motorist's motion for summary judgment as to unlawful detention and unreasonable strip search despite the officers' qualified immunity claims. The court also dismissed the motorist's general conspiracy claim.

The parties cross-appealed parts of the October 23 order, and the Tenth Circuit Court of Appeals requested briefing on the appealability of these issues. The Tenth Circuit issued its order regarding appealability on July 8, 1997. 118 F.3d 1416. The officers appealed the district court's grant of summary judgment in the motorist's favor regarding her roadside detention and strip search claims. Citing Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) the officers claimed that they were entitled to qualified immunity on those two claims. The Tenth Circuit requesting briefing on these claims because not all pre-trial denials of qualified immunity are appealable. An order denying qualified immunity on summary judgment is not appealable if it merely determined the plaintiff's asserted facts were sufficiently supported by evidence in the record to survive summary judgment. But the Tenth Circuit held that the officers' denial of qualified immunity was appealable on each ground (continued detention and the strip search). However, as to the continued detention issue, the Tenth Circuit limited its holding to the clearly established law prong of qualified immunity. On that point, whether the unlawful continued detention of the motorist violated clearly established law, the Tenth Circuit reversed the district court.

The motorist appealed the district court's order granting the officers summary judgment as to the legality of initial stop and her arrest. Here, the Tenth Circuit requested briefing on appealability because it was unsure whether it possessed pendant appellate jurisdiction over these claims. The Tenth Circuit held that these issues were not appealable and dismissed the motorist's cross-appeal for lack of jurisdiction. They reasoned they could address the officers' appealable issues without reviewing the motorist's issues, so pendant jurisdiction was lacking.

The motorist moved for summary judgment on the legality of her strip search once again on remand. On February 23, 1998 the district court held that the the strip search was unlawful and denied the intake officer, who conduced the search, qualified immunity. 995 F.Supp. 1347. The district court also held the county liable for failing to promulgate an adequate strip search policy.

With liability established as to the strip search, a jury trial ensued to establish damages on that issue as well as liability and damages on remaining issues. The jury awarded Foote nominal damages of $1.00 for the strip search. On the remaining fourth amendment issues, the jury found that no liability. Namely, the officers did not violate the motorist's rights when they stopped her car, nor did they violate her rights when they detained her at the scene to investigate whether she was driving under the influence.

On February 23, 1999, the district court ruled on the parties' cross-motions for summary judgment as to whether the motorist was protected under the ADA. 36 F.Supp.2d 1320. The court ruled against the motorist. To hold that the ADA protected the motorist in this case, the court reasoned, would extend the ADA beyond its scope because the motorist was not substantially limited in a major life activity by her neurological issues.

The motorist eventually appealed the earlier jury verdict. On February 16, 2001, the Tenth Circuit Court of Appeals ruled on her appeal. 2001 WL 135687. First, the motorist alleged that the district court erred in instructing the jury that it could decide to grant only nominal damages. The Tenth Circuit rejected this claim. Second, the motorist argued that the fourth amendment liability issues at trial—the stop's justification and continued detention—should have been decided on summary judgment. The motorist argued in the alternative that the jury's verdict finding no liability on these issues was unsupported by the evidence. The Tenth Circuit disagreed, affirming the district court.

Next, the motorist argued that the district court erred when it granted the officers summary judgment on her false arrest claim. This claim, she argued, should have been presented to the jury. Here, too, the Tenth Circuit affirmed the trial court decision. Finally, the motorist argued that she was entitled to attorney's fees on a theory that, because the state updated its strip search policy while this case was litigated, she had caused these changes. But the Tenth Circuit denied her claim.

After this series of appeals, the case came to a close in 2001.

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Summary Authors

Jordan Katz (4/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2285347/parties/foote-v-spiegel/

Judge(s)

Briscoe, Mary Beck (Kansas)

Attorney for Plaintiff

Anderson, Jensie L. (Utah)

Barros, Lauren R. (Utah)

Attorney for Defendant

Baskin, Lisa J. Watts (Utah)

Burnett, Brent A. (Utah)

Judge(s)

Briscoe, Mary Beck (Kansas)

Campbell, Tena (Utah)

Holloway, William Judson Jr. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

McWilliams, Robert Hugh Jr. (Colorado)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Winder, David Keith (Utah)

Attorney for Plaintiff

Anderson, Jensie L. (Utah)

Barros, Lauren R. (Utah)

Clark, Stephen C. (California)

Kendell, Kathryn D. (California)

Lish, Randy M. (Utah)

Mahoney, Holly J. (Utah)

Martinson, Pamela M. (Utah)

McCullough, W. Andrew (Utah)

Pace, John P. (Utah)

Phinney, Kathleen S. (Utah)

Attorney for Defendant

Baskin, Lisa J. Watts (Utah)

Burnett, Brent A. (Utah)

Graham, Jan (Utah)

Hurtado, Monette (Utah)

Larsen, Dan R. (Utah)

McKean, Gary O. (Utah)

Rich, Brett B. (Utah)

Stonebrook, Martha S. (Utah)

Waldron, Rebecca D. (Utah)

Wallace, Robert R. (Utah)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:96-cv-00044	Docket [PACER - Member Case] Foote v. Williams	Oct. 1, 1997	Oct. 1, 1997 Docket
2:95-cv-00956	Docket [PACER - Member Case] Foote v. State of Utah	Jan. 16, 1998	Jan. 16, 1998 Docket
2:94-cv-00754	Docket [PACER - Lead Case]	Sept. 5, 2002	Sept. 5, 2002 Docket
140 2:94-cv-00754	Memorandum Decision and Order	Oct. 23, 1995	Oct. 23, 1995 Order/Opinion
95-04178 95-04179	Opinion U. S. Court of Appeals for the Tenth Circuit	July 8, 1997	July 8, 1997 Order/Opinion
214 2:94-cv-00754	Opinion	Feb. 23, 1998	Feb. 23, 1998 Order/Opinion
224 2:94-cv-00754	Order [Denying Defendant's Motions for Summary Judgment]	April 23, 1998	April 23, 1998 Order/Opinion
353 2:94-cv-00754	Order	Feb. 23, 1999	Feb. 23, 1999 Order/Opinion
360 2:94-cv-00754	Order [Denying Motion to Enter a Final Judgment on ADA Claim] Foote v. State of Utah	March 9, 1999	March 9, 1999 Order/Opinion
365 2:94-cv-00754	Judgment on Jury Verdict	March 18, 1999	March 18, 1999 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/2285347/foote-v-spiegel/

Last updated July 11, 2023, 9:52 p.m.

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ECF Number	Description	Date	Link Date / Link
1	Complaint filed, assigned to Judge David K. Winder Receipt #: 61994 (rak) (Entered: 08/02/1994)	Aug. 1, 1994	Aug. 1, 1994 PACER
	Jury Flag set (rak)	Aug. 1, 1994	Aug. 1, 1994 PACER
2	Motion by Kristin Foote for Kathryn D. Kendell, Esq. to withdraw as attorney for pla (ce) (Entered: 09/23/1994)	Sept. 22, 1994	Sept. 22, 1994 PACER
3	Answer to Complaint by Roger Spiegel, Robert Howe; jury demand (ce) (Entered: 10/04/1994)	Oct. 3, 1994	Oct. 3, 1994 PACER
	Clerk's mailing of certificate of acknowledgement of alternative dispute resolution option. Mailed to: W. Andrew McCullough and Kathryn Kendall, cnsl for pla; Rebecca Waldron, cnsl for dfts (ce)	Oct. 4, 1994	Oct. 4, 1994 PACER
4	Notice of Hearing filed : Initial Pretrial Conference set for 10:00 11/17/94 before JUDGE: Samuel Alba. cc: attys (Entered: 10/21/1994)	Oct. 20, 1994	Oct. 20, 1994 PACER
5	Amended Notice of Hearing filed by defendant Roger Spiegel, defendant Robert Howe : Initial Pretrial Conference reset for 9:00 11/28/94 JUDGE: SA (ce) (Entered: 11/03/1994)	Nov. 2, 1994	Nov. 2, 1994 PACER
6	REPORT of Planning Meeting (ce) (Entered: 11/10/1994)	Nov. 9, 1994	Nov. 9, 1994 PACER
7	Scheduling order Setting Joining of parties, amending of pleadings on 4:30 2/1/95 Deadline for filing of all motions 4:30 6/5/95 Discovery cutoff 4:30 5/3/95 Attorney conference by 10:00 10/31/95 Final Pretrial Conference for 8:00 11/7/95 Three Day Jury Trial for 9:00 11/20/95 Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Settlement potential poor. ( Signed by Judge Samuel Alba, 11/28/94. cc: atty ) (ce) (Entered: 11/29/1994)	Nov. 28, 1994	Nov. 28, 1994 PACER
8	Certificate of service by Roger Spiegel, Robert Howe re FRCP 26(a)(1)(A), (B) & (D) disclosures of dfts (ce) (Entered: 12/07/1994)	Dec. 5, 1994	Dec. 5, 1994 PACER
9	Notice by Kristin Foote to take deposition of Roger Spiegel, 12/16/94; Robert Howe, 12/16/94 (ce) (Entered: 12/13/1994)	Dec. 13, 1994	Dec. 13, 1994 PACER
10	Notice by Roger Spiegel, Robert Howe to take deposition of Kristin Foote, 1/5/95 (Entered: 12/23/1994)	Dec. 22, 1994	Dec. 22, 1994 PACER
11	Certificate of service by Kristin Foote re req/admiss (ce) (Entered: 01/19/1995)	Jan. 19, 1995	Jan. 19, 1995 PACER
12	Certificate of service by Kristin Foote re req/prod (ce) (Entered: 01/24/1995)	Jan. 23, 1995	Jan. 23, 1995 PACER
13	Notice of attorney appearance for Kristin Foote by Jensie L. Anderson (ce) (Entered: 01/25/1995)	Jan. 24, 1995	Jan. 24, 1995 PACER
14	Stipulation by Kristin Foote stip to amend [1-1] complaint (ce) (Entered: 02/02/1995)	Feb. 1, 1995	Feb. 1, 1995 PACER
15	Amended complaint by Kristin Foote added party(ies): Eric McPherson, Jeff Gravett. Amends [1-1] complaint; jury demand (ce) (Entered: 02/02/1995)	Feb. 2, 1995	Feb. 2, 1995 PACER
16	Notice of attorney appearance for Kristin Foote by Randy M Lish, co-cnsl (ce) (Entered: 02/02/1995)	Feb. 2, 1995	Feb. 2, 1995 PACER
17	Notice by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to take continued deposition of Kristin Foote 2/17/95 (Entered: 02/03/1995)	Feb. 2, 1995	Feb. 2, 1995 PACER
18	Return of summons executed as to Jeff Gravett 2/7/95. Answer due on 2/27/95 for Jeff Gravett (ce) (Entered: 02/14/1995)	Feb. 13, 1995	Feb. 13, 1995 PACER
19	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Defs' Resp to Pltf's Req for Prod or Inspection (Entered: 02/17/1995)	Feb. 16, 1995	Feb. 16, 1995 PACER
20	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Defs' Resp to Pltf's Req for Admiss (Entered: 02/17/1995)	Feb. 16, 1995	Feb. 16, 1995 PACER
21	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re amd resp to pla's req/admiss (ce) (Entered: 02/21/1995)	Feb. 17, 1995	Feb. 17, 1995 PACER
22	Notice of filing by Kristin Foote: Notice of Intent to Request Attorney's Fees (ce) (Entered: 02/21/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
23	Return of summons executed as to Eric McPherson 2/9/95. Answer due on 3/1/95 for Eric McPherson (ce) (Entered: 02/22/1995)	Feb. 22, 1995	Feb. 22, 1995 PACER
24	Certificate of service by Kristin Foote re interrog 1&2 sent to dfts (ce) (Entered: 02/24/1995)	Feb. 24, 1995	Feb. 24, 1995 PACER
25	Notice by Kristin Foote to take deposition of Katherine Williams, 4/18/95; William Stonebraker, 4/18/95; Jeff Gravett, 4/18/95 (ce) (Entered: 03/08/1995)	March 7, 1995	March 7, 1995 PACER
26	Stipulation filed by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett RE: retained substance abuse expert report, expert witness reports (ce) (Entered: 03/10/1995)	March 9, 1995	March 9, 1995 PACER
27	Answer by Eric McPherson to amended complaint; jury demand (ce) (Entered: 03/21/1995)	March 21, 1995	March 21, 1995 PACER
28	Answer by Jeff Gravett to amended complaint; jury demand (ce) (Entered: 03/21/1995)	March 21, 1995	March 21, 1995 PACER
29	Answer by Robert Howe to amended complaint; jury demand (ce) (Entered: 03/21/1995)	March 21, 1995	March 21, 1995 PACER
30	Answer by Roger Spiegel to amended complaint; jury demand (ce) (Entered: 03/21/1995)	March 21, 1995	March 21, 1995 PACER
31	Motion by Kristin Foote for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 03/31/1995)	March 30, 1995	March 30, 1995 PACER
32	Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 03/31/1995)	March 30, 1995	March 30, 1995 PACER
33	Certificate of service by Roger Spiegel, Robert Howe re ans to pla's first set interrog (ce) (Entered: 03/31/1995)	March 30, 1995	March 30, 1995 PACER
34	Certificate of service by Eric McPherson, Jeff Gravett re ans to pla's first set interrog (ce) (Entered: 03/31/1995)	March 30, 1995	March 30, 1995 PACER
35	Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett stip motion to extend time for dfts to file retained expert's report (ce) (Entered: 04/05/1995)	April 4, 1995	April 4, 1995 PACER
36	Order granting [35-1] stip motion to extend time for dfts to file retained expert's report until 5/3/95, signed by SA, 4/3/95. cc: atty (ce) (Entered: 04/05/1995)	April 4, 1995	April 4, 1995 PACER
37	Notice by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to take deposition of Jarvis Letteier, 4/26/95; Dr. Peter Heinbecker, 4/26/95; Kevin McCloskey, 5/2/95 (ce) (Entered: 04/05/1995)	April 4, 1995	April 4, 1995 PACER
38	Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett stip to extend time to file dispositive motions & disc (ce) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
39	Order granting [38-1] stip to extend time to file dispositive motions & disc, discovery due set for 6/16/95, motion filing deadline set for 7/31/95 signed by SA, 4/7/95. cc: atty (ce) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
40	Return of service executed re subp served on Personnel Records Keeper, Weber County Sheriff's Office c/o Virginie Padgetts, 4/6/95 (ce) (Entered: 04/13/1995)	April 13, 1995	April 13, 1995 PACER
41	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re first set interrog & req/prod doc (ce) (Entered: 04/13/1995)	April 13, 1995	April 13, 1995 PACER
42	Memorandum by Weber Cnty Sheriff's in support of [42-1] motion for protective order (ce) (Entered: 04/14/1995)	April 13, 1995	April 13, 1995 PACER
43	Disclosure by Kristin Foote of Expert Testimony (ce) (Entered: 04/14/1995)	April 14, 1995	April 14, 1995 PACER
44	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re Rule 68 Offer of Jgm (ce) (Entered: 04/28/1995)	April 28, 1995	April 28, 1995 PACER
45	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re subp to LDS Hosp & to Marion Ayers (ce) (Entered: 05/05/1995)	May 4, 1995	May 4, 1995 PACER
46	Certificate of service by Kristin Foote re resp to prod doc no. 1-7 (ce) (Entered: 05/08/1995)	May 5, 1995	May 5, 1995 PACER
47	Motion by Kristin Foote to quash subp issued to the LDS Hospital (ce) (Entered: 05/09/1995)	May 8, 1995	May 8, 1995 PACER
48	Motion by Kristin Foote for protective order against subp issued in this action to LDS Hospital (ce) (Entered: 05/10/1995)	May 10, 1995	May 10, 1995 PACER
49	Memorandum by Kristin Foote in support of [48-1] motion for protective order against subp issued in this action to LDS Hospital, [47-1] motion to quash subp issued to the LDS Hospital (ce) (Entered: 05/16/1995)	May 15, 1995	May 15, 1995 PACER
50	Order of Reference signed by DKW, 5/15/95, 636 (b)(1)(A). Mag to hear pla's mot/quash subp. cc: atty (ce) (Entered: 05/16/1995)	May 15, 1995	May 15, 1995 PACER
	Motion(s) referred: referred [47-1] motion to quash subp issued to the LDS Hospital (ce)	May 15, 1995	May 15, 1995 PACER
51	Return of service executed re subp served on Marion Ayers, 5/10/95 (ce) (Entered: 05/16/1995)	May 16, 1995	May 16, 1995 PACER
52	Disclosure by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Expert Testimony (ce) (Entered: 05/18/1995)	May 17, 1995	May 17, 1995 PACER
53	Memorandum by Kristin Foote in opposition to [42-1] motion for protective order (ce) (Entered: 05/19/1995)	May 18, 1995	May 18, 1995 PACER
54	Order of Reference signed by DKW, 5/18/95, 636(b)(1)(A). Mag to handle Weber County's motion for protective order filed 4/13/95. cc: atty (ce) (Entered: 05/19/1995)	May 18, 1995	May 18, 1995 PACER
55	Motion(s) referred: referred [48-1] motion for protective order against subp issued in this action to LDS Hospital to Judge Samuel Alba, [47-1] motion to quash subp issued to the LDS Hospital to Judge Samuel Alba, [42-1] motion for protective order to Judge Samuel Alba. Cnsl notified (ce) (Entered: 05/19/1995)	May 18, 1995	May 18, 1995 PACER
56	Notice of Hearing filed: Motion hearing set for 11:00 5/30/95 for [47-1] motion to quash subp issued to the LDS Hospital JUDGE: SA. cc: atty (ce) (Entered: 05/19/1995)	May 19, 1995	May 19, 1995 PACER
57	Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett in opposition to [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (Entered: 05/22/1995)	May 19, 1995	May 19, 1995 PACER
58	Certificate of service by Kristin Foote re req/prod doc numbered 1 only (ce) (Entered: 05/25/1995)	May 24, 1995	May 24, 1995 PACER
59	Certificate of service by Kristin Foote ans to interrog nos. 1-10 (ce) (Entered: 05/25/1995)	May 24, 1995	May 24, 1995 PACER
60	Request for Argument filed by Kristin Foote on [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 05/26/1995)	May 25, 1995	May 25, 1995 PACER
61	Notice of Hearing filed : Motion hearing set for 8:00 6/16/95 for [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only JUDGE: DKW. cc: atty (ce) (Entered: 05/26/1995)	May 26, 1995	May 26, 1995 PACER
62	Supplemental Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue liability only (ce) (Entered: 05/26/1995)	May 26, 1995	May 26, 1995 PACER
63	Reply by Kristin Foote to response to [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 05/26/1995)	May 26, 1995	May 26, 1995 PACER
64	Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett in opposition to [48-1] motion for protective order against subp issued in this action to LDS Hospital, [47-1] motion to quash subp issued to the LDS Hospital (tl) (Entered: 05/31/1995)	May 30, 1995	May 30, 1995 PACER
65	Minute entry: Mot hrg held - denying [47-1] motion to quash subp issued to the LDS Hospital & denying [48-1] motion for protective order against subp issued in this action to LDS Hospital. Hrg on Weber Cnty Sheriff's mot/PO to be resched. Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 06/01/1995)	May 30, 1995	May 30, 1995 PACER
66	Request for hrg filed by Kristin Foote re: Additional Scheduling Conference. (tl) (Entered: 06/14/1995)	June 13, 1995	June 13, 1995 PACER
67	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: resp to pla's req for prod of docs. (tl) (Entered: 06/14/1995)	June 14, 1995	June 14, 1995 PACER
	Proposed order from Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett, Weber Cnty Sheriff's re: Denying Pla's m/quash subpoena and m/protective order (tl)	June 14, 1995	June 14, 1995 PACER
68	Order denying [48-1] motion for protective order against subp issued in this action to LDS Hospital, denying [47-1] motion to quash subp issued to the LDS Hospital, LDS shall produce req docs to dfts counsel within 10 days of service of this order signed by SA 6/16/95 cc:atty (tl) (Entered: 06/19/1995)	June 16, 1995	June 16, 1995 PACER
69	Minute entry: Arg & disc heard, [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only taken under advisement ; Judge: DKW Court Reporter: Ray Fenlon Court Deputy: Michael R. Weiler (Entered: 06/19/1995)	June 16, 1995	June 16, 1995 PACER
70	Certificate of service by Kristin Foote re: Req for prod of docs numbered 1 only (tl) (Entered: 06/21/1995)	June 21, 1995	June 21, 1995 PACER
71	Motion by Kristin Foote to compel discovery (tl) (Entered: 06/22/1995)	June 22, 1995	June 22, 1995 PACER
72	Memorandum by Kristin Foote in support of [71-1] motion to compel discovery (tl) (Entered: 06/22/1995)	June 22, 1995	June 22, 1995 PACER
73	Affidavit of Pla's atty re: M/compel discovery (tl) (Entered: 06/22/1995)	June 22, 1995	June 22, 1995 PACER
74	Supplemental Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (tl) Modified on 06/26/1995 (Entered: 06/22/1995)	June 22, 1995	June 22, 1995 PACER
75	Motion by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to strike [74-1]supplemental support memorandum (tl) (Entered: 06/26/1995)	June 23, 1995	June 23, 1995 PACER
76	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: dft's supplemental resp to pla's 5/24/95 req for prod of docs (tl) (Entered: 06/27/1995)	June 26, 1995	June 26, 1995 PACER
	Transcript of Proceedings for partial sumjgm before DKW for dates of 6/16/95 (tl)	June 27, 1995	June 27, 1995 PACER
77	Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett Stip to amend [15-1]; amended complaint to correctly identify dft Gravett as Jeffrey L. Graviet (tl) Modified on 07/03/1995 (Entered: 07/03/1995)	June 30, 1995	June 30, 1995 PACER
	Proposed order from Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: Stip for amendement of cmp. (tl)	June 30, 1995	June 30, 1995 PACER
78	Order granting [77-1] stipulation motion to amend [15-1]; amended complaint to correctly identify dft Gravett as Jeffrey L. Graviet signed by DKW 7/3/95 cc:attys (tl) (Entered: 07/05/1995)	July 5, 1995	July 5, 1995 PACER
79	Memorandum Decision denying [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only signed by DKW 7/7/95; cc:attys (Entered: 07/10/1995)	July 7, 1995	July 7, 1995 PACER
81	Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet in opposition to [71-1] motion to compel discovery (ce) (Entered: 07/11/1995)	July 10, 1995	July 10, 1995 PACER
80	Notice of Hearing filed : Motion hearing set for 9:30 7/25/95 for [42-1] motion for protective order, scheduling conference set for 9:30 7/25/95 before JUDGE: Samuel Alba. cc: attys (Entered: 07/11/1995)	July 11, 1995	July 11, 1995 PACER
82	Order of Reference pursuant to 28 USC 636(b)(1)(A). All pretrial and discovery motions are referred to Magistrate Judge. signed by DKW 7/12/95 cc:attys (tl) (Entered: 07/13/1995)	July 12, 1995	July 12, 1995 PACER
83	Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett, Jeffrey L. Graviet re: Dft's resp to pla's June 20, 1995 req for prod of docs. (tl) (Entered: 07/13/1995)	July 12, 1995	July 12, 1995 PACER
	Case referred to magistrate under 28:636(b)(1)(A). (tl)	July 12, 1995	July 12, 1995 PACER
84	Case referred to Judge Samuel Alba. cc:attys (tl) (Entered: 07/17/1995)	July 14, 1995	July 14, 1995 PACER
85	Notice of Hearing filed : Motion hearing set for 9:30 7/25/95 for [71-1] motion to compel discovery JUDGE: Samuel Alba cc:attys (tl) (Entered: 07/17/1995)	July 17, 1995	July 17, 1995 PACER
86	Supplemental Memorandum by Kristin Foote in opposition to [42-1] motion for protective order; and in support of [71-1] motion to compel discovery (tl) (Entered: 07/21/1995)	July 21, 1995	July 21, 1995 PACER
87	Motion by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum (tl) (Entered: 07/25/1995)	July 25, 1995	July 25, 1995 PACER
88	Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet in support of [87-1] motion to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum (tl) (Entered: 07/25/1995)	July 25, 1995	July 25, 1995 PACER
89	Minute entry: Mot hrg & sched conf held - denying at this time [87-1] motion to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum. [71-1] Motion to compel discovery resolved, except for the matter of Mr. Howe's photo, which is also denied. Crt granted Mr. McCullough's rqst to take a depo of a drug-testing lab in New Jersey. Depo to be tkn by telephone & the state is ordered to participate by telephone. Pltf also rqst'd the prod of a tape/transcript of a conversation between Mr. Howe & the dispatcher prior to the videotape. Ms. Waldron indicated that such a tape/transcript did not exist. Mr. McCullough stated that he is no longer seeking to take the depo of Stacie Ashley. [42-1] Motion for protective order is moot. Crt will not chg the trial date currently set & advised cnsl to discuss the matter further at the time of pretrial, if necessary. Crt ext'd dispositive motion filing deadline to 8/18/95 . Response due NLT 9/6/95 & reply due NLT 9/13/95. Ms. Waldron to submit an order reflecting the crt's ruling & the dates set, approved by cnsl as to form. Terminated deadlines - mot hrg & sched conf set for this date. Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 07/27/1995)	July 25, 1995	July 25, 1995 PACER
90	Second Motion by Kristin Foote partial for summary judgment (tl) (Entered: 08/07/1995)	Aug. 7, 1995	Aug. 7, 1995 PACER
91	Memorandum by Kristin Foote in support of [90-1] motion partial for summary judgment (tl) (Entered: 08/07/1995)	Aug. 7, 1995	Aug. 7, 1995 PACER
92	Amended Disclosure by Kristin Foote of expert testimony (tl) (Entered: 08/07/1995)	Aug. 7, 1995	Aug. 7, 1995 PACER
	Certificate of delivering deposition of Jeffrey Graviet taken 4/18/95 to W. Andrew McCullough on 6/26/95 by court reporter: Lisa Geline (tl)	Aug. 11, 1995	Aug. 11, 1995 PACER