1
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COMPLAINT against Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff (Filing fee $ 350, receipt number 4681045689) (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Clark Waddoups (rks) (Entered: 07/13/2011)
1 Civil Cover Sheet
View on RECAP
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July 13, 2011
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July 13, 2011
RECAP
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2
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MOTION for Admission Pro Hac Vice of Jonathan Turley, Registration fee $ 15, receipt number 4681045690, Fee Status: Paid. filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - Proposed Order, # 3 Exhibit C - CM/ECF Registration)(rks) (Entered: 07/13/2011)
1 Exhibit A - Application
View on RECAP
2 Exhibit B - Proposed Order
View on RECAP
3 Exhibit C - CM/ECF Registration
View on RECAP
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July 13, 2011
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July 13, 2011
RECAP
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3
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ORDER granting 2 Motion for Admission Pro Hac Vice of Jonathan Turley for Christine Brown,Jonathan Turley for Janelle Brown,Jonathan Turley for Kody Brown,Jonathan Turley for Meri Brown,Jonathan Turley for Robyn Sullivan. 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 07/21/2011. (asp) (Entered: 07/22/2011)
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July 22, 2011
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July 22, 2011
PACER
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4
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Jeffrey R. Buhman served on 7/15/2011, answer due 8/5/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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5
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Gary R. Herbert served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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6
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Mark Shurtleff served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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7
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MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 09/02/2011)
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Sept. 2, 2011
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Sept. 2, 2011
PACER
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8
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MEMORANDUM in Support re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Attachments: # 1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney, # 2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General)(Jensen, Jerrold) (Entered: 09/02/2011)
1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney
View on RECAP
2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General
View on PACER
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Sept. 2, 2011
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Sept. 2, 2011
PACER
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9
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First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/22/2011)
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Sept. 22, 2011
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Sept. 22, 2011
PACER
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10
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ORDER GRANTING EXTENSION OF TIME-granting 9 Motion for Extension of Time to File Response/Reply re 9 First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion,First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion. Responses due by 10/17/2011. Signed by Judge Clark Waddoups on 9/26/11. (jmr) (Entered: 09/27/2011)
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Sept. 27, 2011
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Sept. 27, 2011
PACER
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11
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NOTICE of Appearance by Thomas D. Roberts on behalf of Gary R. Herbert, Mark Shurtleff (Roberts, Thomas) (Entered: 09/29/2011)
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Sept. 29, 2011
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Sept. 29, 2011
PACER
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12
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Plaintiff's MEMORANDUM in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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Oct. 17, 2011
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Oct. 17, 2011
RECAP
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13
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AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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Oct. 17, 2011
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Oct. 17, 2011
RECAP
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14
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AFFIDAVIT/DECLARATION of Meri Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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Oct. 17, 2011
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Oct. 17, 2011
RECAP
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15
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AFFIDAVIT/DECLARATION of Janelle Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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Oct. 17, 2011
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Oct. 17, 2011
RECAP
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16
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NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 10/26/2011)
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Oct. 26, 2011
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Oct. 26, 2011
PACER
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17
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ORDER re 16 Notice of Hearing on Motion. See order for details. Signed by Judge Clark Waddoups on 10/28/11. (jmr) (Entered: 10/28/2011)
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Oct. 28, 2011
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Oct. 28, 2011
PACER
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18
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AMENDED NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 09:00 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt) (Entered: 10/31/2011)
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Oct. 31, 2011
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Oct. 31, 2011
PACER
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19
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REPLY to Response to Motion re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 10/31/2011)
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Oct. 31, 2011
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Oct. 31, 2011
PACER
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20
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DOCKET TEXT ORDER re 7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. Upon review of the memoranda submitted in support and in opposition to the Defendants' motion to dismiss for lack of standing, the court observes that all parties have relied upon facts to support their arguments for which they have not yet offered supporting evidence. If the parties intend to rely upon disputed facts to support their motion, both sides should be prepared to present evidence to support such facts at the hearing set for December 16, 2011. In particular, Plaintiffs should be prepared to substantiate their standing through evidence of the Defendants' investigations and other allegedly injurious actions. The Defendants should be prepared to offer rebuttal evidence and any additional evidence that would defeat the Plaintiffs' claim of standing. Signed by Judge Clark Waddoups on 11/1/11. (No attached document) (jwt) (Entered: 11/01/2011)
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Nov. 1, 2011
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Nov. 1, 2011
PACER
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21
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AMENDED NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 08:30 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt) (Entered: 11/29/2011)
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Nov. 29, 2011
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Nov. 29, 2011
PACER
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22
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RESPONSE TO ORDER TO SHOW CAUSE filed by Gary R. Herbert, Mark Shurtleff. (Roberts, Thomas) (Entered: 12/09/2011)
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Dec. 9, 2011
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Dec. 9, 2011
PACER
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23
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RESPONSE TO ORDER TO SHOW CAUSE filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 12/12/2011)
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Dec. 12, 2011
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Dec. 12, 2011
PACER
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24
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ERRATA to 23 Response to Order to Show Cause filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan . (Turley, Jonathan) (Entered: 12/13/2011)
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Dec. 13, 2011
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Dec. 13, 2011
PACER
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25
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Plaintiff's RESPONSE to Order Docket #20 filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit David Tenzer Declaration, # 2 Exhibit Michael Maguire Declaration)(Turley, Jonathan) (Entered: 12/13/2011)
1 Exhibit David Tenzer Declaration
View on PACER
2 Exhibit Michael Maguire Declaration
View on PACER
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Dec. 13, 2011
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Dec. 13, 2011
PACER
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26
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Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 12/16/2011 re 7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts, Amanda Jex. Court Reporter: Karen Murakami. (jwt) (Entered: 12/16/2011)
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Dec. 16, 2011
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Dec. 16, 2011
PACER
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27
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Please disregard See 28 -NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Turley, Jonathan) Modified on 12/19/2011-Per call from counsel's office re-filed as 28. (jmr). (Entered: 12/16/2011)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
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Dec. 16, 2011
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Dec. 16, 2011
PACER
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28
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NOTICE of Supplemental Material by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re 12 Memorandum in Opposition to Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Turley, Jonathan) (Entered: 12/16/2011)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
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Dec. 16, 2011
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Dec. 16, 2011
PACER
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29
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AFFIDAVIT/DECLARATION of Amanda Jex in Support re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Gary R. Herbert, Mark Shurtleff. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Jensen, Jerrold) (Entered: 12/19/2011)
1 Exhibit Exhibit A
View on RECAP
2 Exhibit Exhibit B
View on PACER
3 Exhibit Exhibit C
View on PACER
4 Exhibit Exhibit D
View on PACER
5 Exhibit Exhibit E
View on PACER
6 Exhibit Exhibit F
View on PACER
7 Exhibit Exhibit G
View on PACER
8 Exhibit Exhibit H
View on PACER
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Dec. 19, 2011
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Dec. 19, 2011
RECAP
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30
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NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Attachments: # 1 Supplement) (Turley, Jonathan) (Entered: 01/11/2012)
1 Supplement
View on PACER
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Jan. 11, 2012
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Jan. 11, 2012
PACER
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31
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MEMORANDUM DECISION and Order-granting in part and denying in part 7 Motion to Dismiss. Defendants motion as to Defendants Gary R. Herbert, in his official capacity as Governor of Utah, and Mark Shurtleff, in his official capacity as Attorney General of Utah, is GRANTED. These Defendants are dismissed. Defendants motion with regard to Jeffrey R. Buhman, in his official capacity as County Attorney for Utah County, is DENIED. Signed by Judge Clark Waddoups on 2/3/12. (jmr) (Entered: 02/03/2012)
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Feb. 3, 2012
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Feb. 3, 2012
RECAP
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32
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NOTICE OF TRANSMITTAL that Notice of Claim sent. (jmr) (Entered: 02/06/2012)
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Feb. 6, 2012
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Feb. 6, 2012
PACER
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33
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ANSWER to 1 Complaint, filed by Jeffrey R. Buhman.(Jensen, Jerrold) (Entered: 02/17/2012)
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Feb. 17, 2012
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Feb. 17, 2012
RECAP
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34
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NOTICE OF ADR, e-mailed or mailed to Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan, Defendant Jeffrey R. Buhman. (jmr) (Entered: 02/21/2012)
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Feb. 21, 2012
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Feb. 21, 2012
PACER
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35
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NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jmr) (Entered: 02/21/2012)
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Feb. 21, 2012
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Feb. 21, 2012
PACER
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36
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MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/06/2012)
1 Exhibit A - Application for Admission
View on PACER
2 Exhibit B - ECF Registration
View on PACER
3 Text of Proposed Order
View on PACER
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March 6, 2012
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March 6, 2012
PACER
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37
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MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/07/2012)
1 Exhibit A - Application for Admission
View on PACER
2 Exhibit B - ECF Registration
View on PACER
3 Text of Proposed Order
View on PACER
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March 7, 2012
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March 7, 2012
PACER
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38
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ORDER granting 36 Motion for Admission Pro Hac Vice of Ryan B. Parker 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; granting 37 Motion for Admission Pro Hac Vice of Ryan B. Parker 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 3/8/12. (jmr) (Entered: 03/08/2012)
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March 8, 2012
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March 8, 2012
PACER
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39
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NOTICE of Acknowledgment of Constitutional Challenge to an Act of Congress by United States of America (Parker, Ryan) (Entered: 03/13/2012)
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March 13, 2012
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March 13, 2012
PACER
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40
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NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)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 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss) (Entered: 03/14/2012)
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March 14, 2012
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March 14, 2012
PACER
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41
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NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 03/14/16 40 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)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 5/16/2012 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (ss) (tab) (Entered: 04/16/2012)
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April 16, 2012
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April 16, 2012
PACER
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42
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Plaintiff's MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)
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May 4, 2012
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May 4, 2012
PACER
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43
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Joint MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)
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May 4, 2012
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May 4, 2012
PACER
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44
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DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Brooke C. Wells. Signed by Judge Clark Waddoups on 5/4/2012. No document attached.(saw) (Entered: 05/04/2012)
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May 4, 2012
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May 4, 2012
PACER
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45
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DOCKET TEXT ORDER No attached document. Initial Pretrial Conference is VACATED. Motion deadline is 5/31/12, responsive memo due 6/29/12 and reply due 7/16/12. Counsel are to notify court after resolution of dispositive motions for scheduling. Signed by Magistrate Judge Evelyn J. Furse on 05/10/12. (tab) (Entered: 05/10/2012)
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May 10, 2012
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May 10, 2012
PACER
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46
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MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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47
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MEMORANDUM in Support re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Affidavit Declaration)(Jensen, Jerrold) (Entered: 05/31/2012)
1 Affidavit Declaration
View on RECAP
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May 31, 2012
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May 31, 2012
PACER
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48
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MOTION for Leave to File Excess Pages filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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49
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MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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50
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MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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51
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Motions No Longer Referred: 48 MOTION for Leave to File Excess Pages (saw) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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52
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ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Clark Waddoups on 5/31/12. (jmr) (Entered: 06/01/2012)
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June 1, 2012
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June 1, 2012
PACER
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53
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Hearing on Motion to Dismiss held on December 16, 2011 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2012. Redacted Transcript Deadline set for 7/9/2012. Release of Transcript Restriction set for 9/6/2012. (jmr) Modified by removing restricted text on 9/6/2012 (mlp). (Entered: 06/08/2012)
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June 8, 2012
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June 8, 2012
PACER
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55
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Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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56
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Oral MEMORANDUM in Support re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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57
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MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. Motions referred to Brooke C. Wells.(Jensen, Jerrold) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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58
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MEMORANDUM in Support re 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jensen, Jerrold) (Entered: 06/29/2012)
1 Text of Proposed Order Proposed Order
View on PACER
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June 29, 2012
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June 29, 2012
PACER
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59
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RESPONSE to Motion re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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60
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MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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61
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MEMORANDUM in Support re 60 MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Sup filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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62
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Motions No Longer Referred: 60 MOTION to Strike 55 Cross MOTION for Summary Judgment, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion, 56 Memorandum in Support of Motion, 58 Memorandum in Sup, 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion (mjw) (Entered: 07/02/2012)
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July 2, 2012
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July 2, 2012
PACER
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63
|
MEMORANDUM in Opposition re 57 MOTION to Stay re 49 MOTION for Summary Judgment, 50 Memorandum in Support of Motion filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/02/2012)
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July 2, 2012
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July 2, 2012
PACER
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64
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ORDER re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. Further pleadings in response to, or opposition to these Motions will not be required pending this Courts determination of whether or not it has jurisdiction. See order for details. Signed by Judge Clark Waddoups on 7/2/12. (jmr) (Entered: 07/02/2012)
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July 2, 2012
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July 2, 2012
PACER
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65
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NOTICE OF HEARING ON MOTION re: 46 MOTION to Dismiss for Mootness : (Notice generated by jwt) Motion Hearing set for 7/25/2012 11:00 AM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 07/03/2012)
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July 3, 2012
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July 3, 2012
PACER
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66
|
REPLY to Response to Motion re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 07/13/2012)
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July 13, 2012
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July 13, 2012
PACER
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67
|
AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/23/2012)
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July 23, 2012
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July 23, 2012
PACER
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68
|
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 7/25/2012 re 46 MOTION to Dismiss for Mootness filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt) (Entered: 07/25/2012)
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July 25, 2012
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July 25, 2012
PACER
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69
|
MEMORANDUM DECISION and Order-denying 46 Motion to Dismiss-For the reasons stated in the Order, the court hereby DENIES Defendant Buhmans motion to dismiss on the grounds of mootness. (Dkt. No. 46). On July 2, 2012, the court issued a stay on further proceedings on Plaintiffs motion for summary judgment and Defendants cross-motion for summary judgment. (Dkt. No. 64). The stay is now LIFTED. Plaintiffs may, in their discretion, file a reply memorandum to Defendants memorandum opposing Plaintiffs motion for summary judgment on or before August 31, 2012. Plaintiffs should also file a memorandum opposing Defendants cross-motion for summary judgment on or before September 14, 2012. Defendant may then, at his discretion, file a reply memorandum on or before September 28, 2012. Signed by Judge Clark Waddoups on 8/17/12. (jmr) (Entered: 08/17/2012)
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Aug. 17, 2012
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Aug. 17, 2012
RECAP
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70
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NOTICE OF HEARING ON MOTION re: 55 Cross MOTION for Summary Judgment, 49 MOTION for Summary Judgment : (Notice generated by jwt) Motion Hearing set for 1/17/2013 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 08/20/2012)
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Aug. 20, 2012
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Aug. 20, 2012
PACER
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71
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MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 08/31/2012)
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Aug. 31, 2012
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Aug. 31, 2012
PACER
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72
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MEMORANDUM in Opposition re 55 Cross MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/14/2012)
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Sept. 14, 2012
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Sept. 14, 2012
PACER
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73
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REPLY to Response to Motion re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Exhibit Exhibit)(Jensen, Jerrold) (Entered: 09/28/2012)
1 Exhibit Exhibit
View on PACER
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Sept. 28, 2012
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Sept. 28, 2012
PACER
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74
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Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/17/2013 re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrod Jensen, Thomas Roberts. Court Reporter: Karen Murakami. (jwt) (Entered: 01/17/2013)
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Jan. 17, 2013
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Jan. 17, 2013
PACER
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75
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on January 17, 2013 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013. (asp) Modified by removing restricted text on 5/9/2013 (mlp). (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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77
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NOTICE of New Authority by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan (Turley, Jonathan) (Entered: 03/26/2013)
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March 26, 2013
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March 26, 2013
RECAP
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78
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MEMORANDUM DECISION granting in part 49 Motion for Summary Judgment ; denying 55 Motion for Summary Judgment ; finding as moot 60 Motion to Strike. Signed by Judge Clark Waddoups on 12/13/13. See order for details(rks) (Entered: 12/13/2013)
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Dec. 13, 2013
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Dec. 13, 2013
RECAP
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79
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CLERK'S JUDGMENT-IS ORDERED AND ADJUDGED that judgment be entered as follows: Utah Code Ann. 76-7-101 (2013) is facially unconstitutional. The phrase "or cohabits with another person" is stricken as a violation of the Free Exercise Clause of the First Amendment to the United States Constitution and is without a rational basis under the Due Process Clause of the Fourteenth Amendment. Further, the statute is susceptible to a narrowing construction of the terms "marry" and purports to marry" to remedy the constitutional infirmity of the remainder of the statute. Signed by Louise S. York. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case (jmr) Modified on 12/20/2013-Case was closed in error. (jmr). (Entered: 12/17/2013)
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Dec. 17, 2013
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Dec. 17, 2013
RECAP
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80
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Modification of Docket: Error: Case Closed in error. Correction: Case will be re-opened re 79 Clerk's Judgment. (jmr) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
PACER
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81
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ORDER to Vacate Judgment- re 79 Clerk's Judgment. The judgment of the Clerk of Court (Dkt. No. 79) is hereby vacated as having been entered on the docket without taking into consideration that there is a pending issue to be resolved. Signed by Judge Clark Waddoups on 12/20/13. (jmr) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
RECAP
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82
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NOTICE OF HEARING: (Notice generated by jwt) Status Conference set for 1/14/2014 03:00 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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83
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AMENDED NOTICE OF HEARING: Status Conference set for 1/17/2014 03:30 PM in Room 102 before Judge Clark Waddoups. (Notice generated by jwt) (jwt) (Entered: 01/02/2014)
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Jan. 2, 2014
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Jan. 2, 2014
PACER
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84
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Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 1/17/2014. This matter is before the court to determine the status of the 42 U.SC. 1983 claim. Counsel address the court on the issue. Counsel are to prepare briefing advising the court on the 1983 issue as outlined on the record. Plaintiffs' brief is due on 1/27/2014. Defendant's response due 2/10/2014. The court will review the briefing and determine if a hearing is needed. Mr. Jensen requests he be allowed to prepare the draft of the final order in the case when it reaches that point. The court will allow him file the first proposed draft of the final order. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt) (Entered: 01/17/2014)
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Jan. 17, 2014
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Jan. 17, 2014
PACER
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85
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RESPONSE re 84 Status Conference,,,, filed by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 01/27/2014)
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Jan. 27, 2014
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Jan. 27, 2014
PACER
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86
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NOTICE of SUPPLEMENTAL AUTHORITY by Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan re 85 Response (NOT to motion) (Attachments: # 1 7th Circuit Opinion) (Turley, Jonathan) (Entered: 01/30/2014)
1 7th Circuit Opinion
View on PACER
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Jan. 30, 2014
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Jan. 30, 2014
PACER
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87
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MOTION for Extension of Time to File Response/Reply as to 85 Response (NOT to motion) filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
PACER
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88
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DOCKET TEXT ORDER granting 87 Motion for Extension of Time to File Response/Reply re 87 MOTION for Extension of Time to File Response/Reply as to 85 Response (NOT to motion) Reply due by 2/12/2014. Signed by Judge Clark Waddoups on 2/10/2014. No attached document. (aw) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
PACER
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89
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RESPONSE re 84 Status Conference,,, 85 Response (NOT to motion), filed by Jeffrey R. Buhman. (Attachments: # 1 Exhibit Proposed Judgment)(Jensen, Jerrold) (Entered: 02/12/2014)
1 Exhibit Proposed Judgment
View on RECAP
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Feb. 12, 2014
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Feb. 12, 2014
RECAP
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90
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MEMORANDUM DECISION AND JUDGMENT-The court therefore finds in favor of Plaintiffs on their seventh and final count in the Complaint under 42 U.S.C. 1983 and GRANTS summary judgment in their favor on this last remaining count. Case Closed. See Memorandum Decision for details. Signed by Judge Clark Waddoups on 8/27/14. (jmr) (Entered: 08/27/2014)
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Aug. 27, 2014
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Aug. 27, 2014
RECAP
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91
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First MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Turley, Jonathan) (Entered: 09/10/2014)
1 Exhibit Exhibit A
View on PACER
2 Exhibit Exhibit B
View on PACER
3 Exhibit Exhibit C
View on PACER
4 Exhibit Exhibit D
View on PACER
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Sept. 10, 2014
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Sept. 10, 2014
PACER
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92
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Stipulated MOTION for Extension of Time to File Response/Reply as to 91 First MOTION for Attorney Fees and Memorandum in Support filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Text of Proposed Order)(Roberts, Thomas) (Entered: 09/18/2014)
1 Text of Proposed Order
View on PACER
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Sept. 18, 2014
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Sept. 18, 2014
PACER
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93
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ORDER granting 92 Motion for Extension of Time to File Response/Reply re 92 Stipulated MOTION for Extension of Time to File Response/Reply as to 91 First MOTION for Attorney Fees and Memorandum in Support . Replies due by 10/27/2014. Signed by Judge Clark Waddoups on 9/18/14. (jmr) (Entered: 09/19/2014)
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Sept. 19, 2014
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Sept. 19, 2014
PACER
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94
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NOTICE of Appearance by Parker Douglas on behalf of Jeffrey R. Buhman (Douglas, Parker) (Entered: 09/24/2014)
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Sept. 24, 2014
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Sept. 24, 2014
PACER
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95
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NOTICE OF APPEAL as to 78 Order on Motion for Summary Judgment,, Order on Motion to Strike, Memorandum Decision,,,, 90 Judgment, filed by Jeffrey R. Buhman. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2130529. (Douglas, Parker) (Entered: 09/24/2014)
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Sept. 24, 2014
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Sept. 24, 2014
PACER
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96
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Transmission of Preliminary Record to USCA re 95 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 09/25/2014)
1 Appendix
View on PACER
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Sept. 25, 2014
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Sept. 25, 2014
PACER
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97
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USCA Case Number Case Appealed to Tenth Case Number 14-4117 for 95 Notice of Appeal, filed by Jeffrey R. Buhman. (jmr) (Entered: 09/25/2014)
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Sept. 25, 2014
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Sept. 25, 2014
PACER
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98
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Stipulated MOTION for Extension of Time to Respond filed by Defendant Jeffrey R. Buhman. (Roberts, Thomas) (Entered: 10/07/2014)
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Oct. 7, 2014
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Oct. 7, 2014
PACER
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99
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ORDER granting 98 Motion for Extension of Time to Respond to Motion for Attorneys' fees. Signed by Judge Clark Waddoups on 10/7/14. (jmr) (Entered: 10/07/2014)
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Oct. 7, 2014
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Oct. 7, 2014
PACER
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100
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Please be advised the Record is complete for purposes of appeal for USCA case number 14-4117 re 95 Notice of Appeal,. (jmr) (Entered: 10/09/2014)
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Oct. 9, 2014
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Oct. 9, 2014
PACER
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101
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Mootness held on July 25, 2012 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las). (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
PACER
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102
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 17, 2014 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/16/2015. (jmr) Modified on 4/16/2015 by removing restricted text (las). (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
PACER
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