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1
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Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs S. B., Disability Law Center, A. U., S. W. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (bdr) (Entered: 09/08/2015)
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Sept. 8, 2015
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Sept. 8, 2015
PACER
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2
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COMPLAINT 42 U.S.C. Section 1983 Complaint for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400, receipt number 1088-2336178), filed by S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Fields, Jared) Modified by adding the correct receipt number on 9/8/2015 (bdr). (Entered: 09/08/2015)
1 Civil Cover Sheet Civil Cover Sheet
View on PACER
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Sept. 8, 2015
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Sept. 8, 2015
RECAP
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3
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NOTICE of Appearance by Parker Douglas on behalf of All Defendants (Douglas, Parker) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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4
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Ann Williamson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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5
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Human Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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6
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Human Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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7
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Dallas Earnshaw. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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8
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Division of Substance Abuse and Mental Health. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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9
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to State of Utah. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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10
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah State Hospital. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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11
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NOTICE of Appearance by Tyler R. Green on behalf of All Defendants (Green, Tyler) (Entered: 09/09/2015)
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Sept. 9, 2015
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Sept. 9, 2015
PACER
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12
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NOTICE of Appearance by Laura K. Thompson on behalf of All Defendants (Thompson, Laura) (Entered: 09/10/2015)
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Sept. 10, 2015
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Sept. 10, 2015
PACER
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13
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Douglas Thomas. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (bdr) (Entered: 09/10/2015)
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Sept. 10, 2015
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Sept. 10, 2015
PACER
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14
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DOCKET TEXT ORDER The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Robert J. Shelby on 9/14/2015. (mjm) (Entered: 09/14/2015)
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Sept. 14, 2015
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Sept. 14, 2015
PACER
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15
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ACKNOWLEDGMENT OF SERVICE Executed as to 2 Complaint, 9 Summons Issued Electronically, 7 Summons Issued Electronically, 13 Summons Issued Electronically, 4 Summons Issued Electronically, 8 Summons Issued Electronically, 10 Summons Issued Electronically, 5 Summons Issued Electronically, Acknowledgment filed by S. B., Disability Law Center, A. U., S. W.. All Defendants. (Fields, Jared) (Entered: 09/14/2015)
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Sept. 14, 2015
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Sept. 14, 2015
PACER
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16
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NOTICE of Appearance by David N. Wolf on behalf of All Defendants (Wolf, David) (Entered: 09/15/2015)
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Sept. 15, 2015
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Sept. 15, 2015
PACER
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17
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ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 9/17/2015. (jds) (Entered: 09/17/2015)
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Sept. 17, 2015
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Sept. 17, 2015
PACER
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18
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Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)
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Sept. 17, 2015
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Sept. 17, 2015
PACER
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19
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AFFIDAVIT/DECLARATION of 18 in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)
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Sept. 17, 2015
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Sept. 17, 2015
PACER
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20
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AFFIDAVIT/DECLARATION of Jared C. Fields in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Fields, Jared) (Entered: 09/17/2015)
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Sept. 17, 2015
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Sept. 17, 2015
PACER
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21
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Ex Parte (Not Sealed) MOTION for Leave to File Under Seal Exhibits to Declaration of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Fields, Jared) (Entered: 09/17/2015)
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Sept. 17, 2015
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Sept. 17, 2015
PACER
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22
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ORDER granting 21 Ex Parte (Not Sealed) Motion for Leave to File Under Seal Exhibits to Declaration of Erin Sullivan. Signed by Magistrate Judge Brooke C. Wells on 9/18/2015. (jds) (Entered: 09/18/2015)
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Sept. 18, 2015
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Sept. 18, 2015
PACER
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23
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NOTICE OF CONVENTIONAL FILING of Sealed Exhibits to Declaration of Erin Sullivan filed by Plaintiffs S. B., Disability Law Center, A. U., S. W. re 19 Affidavit/Declaration in Support of Motion, (Fields, Jared) (Entered: 09/18/2015)
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Sept. 18, 2015
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Sept. 18, 2015
PACER
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24
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MOTION for Extension of Time to File Answer and Memorandum in Support re 2 COMPLAINT filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) Modified docket entry relationship on 9/22/2015 (jds). (Entered: 09/22/2015)
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Sept. 22, 2015
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Sept. 22, 2015
PACER
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25
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ORDER granting 24 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Dallas Earnshaw answer due 10/19/2015; State of Utah answer due 10/19/2015; Douglas Thomas answer due 10/19/2015; Utah Department of Human Services answer due 10/19/2015; Utah Division of Substance Abuse and Mental Health answer due 10/19/2015; Utah State Hospital answer due 10/19/2015; Ann Williamson answer due 10/19/2015. Signed by Judge Robert J. Shelby on 9/22/2015. (jds) (Entered: 09/22/2015)
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Sept. 22, 2015
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Sept. 22, 2015
PACER
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26
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Duplicate filing of Motion Defendant's MOTION for Extension of Time To File Opposition To Plaintiffs' Motion To Certify As Class Action and To Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. Motions referred to Brooke C. Wells.(Wolf, David) Modified on 10/5/2015 (jds). (Entered: 10/02/2015)
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Oct. 2, 2015
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Oct. 2, 2015
PACER
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27
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Unopposed MOTION for Extension of Time to file opposition re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Wolf, David) Modified docket entry relationship on 10/5/2015 (jds). (Entered: 10/02/2015)
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Oct. 2, 2015
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Oct. 2, 2015
PACER
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28
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ORDER granting 27 Unopposed Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 10/5/2015. (jds) (Entered: 10/05/2015)
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Oct. 5, 2015
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Oct. 5, 2015
PACER
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29
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Second MOTION for Extension of Time to File Answer re 2 Complaint, and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/16/2015)
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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30
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ORDER granting 29 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/21/2015; State of Utah answer due 10/21/2015; Douglas Thomas answer due 10/21/2015; Utah Department of Human Services answer due 10/21/2015; Utah Division of Substance Abuse and Mental Health answer due 10/21/2015; Utah State Hospital answer due 10/21/2015; Ann Williamson answer due 10/21/2015. Signed by Judge Robert J. Shelby on 10/19/2015. (jds) (Entered: 10/19/2015)
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Oct. 19, 2015
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Oct. 19, 2015
PACER
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31
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MOTION for Extension of Time respond to Complaint and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) Modified event type on 10/21/2015 (jds). (Entered: 10/21/2015)
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Oct. 21, 2015
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Oct. 21, 2015
PACER
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32
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ORDER granting 31 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/23/2015; State of Utah answer due 10/23/2015; Douglas Thomas answer due 10/23/2015; Utah Department of Human Services answer due 10/23/2015; Utah Division of Substance Abuse and Mental Health answer due 10/23/2015; Utah State Hospital answer due 10/23/2015; Ann Williamson answer due 10/23/2015. Signed by Judge Robert J. Shelby on 10/21/2015. (jds) (Entered: 10/21/2015)
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Oct. 21, 2015
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Oct. 21, 2015
PACER
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33
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MOTION for Extension of Time time to respond to complaint. and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/23/2015)
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Oct. 23, 2015
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Oct. 23, 2015
PACER
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34
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ORDER granting 33 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 10/23/15. (jlw) (Entered: 10/23/2015)
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Oct. 23, 2015
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Oct. 23, 2015
PACER
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35
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Final MOTION for Extension of Time to File Answer re 2 Complaint, and Memorandum in Support, MOTION for Leave to File Excess Pages and Memorandum in Support motion to dismiss filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 10/26/2015)
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Oct. 26, 2015
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Oct. 26, 2015
PACER
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36
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ORDER granting 35 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Dallas Earnshaw answer due 10/30/2015; State of Utah answer due 10/30/2015; Douglas Thomas answer due 10/30/2015; Utah Department of Human Services answer due 10/30/2015; Utah Division of Substance Abuse and Mental Health answer due 10/30/2015; Utah State Hospital answer due 10/30/2015; Ann Williamson answer due 10/30/2015.; granting 35 Motion for Leave to File Excess Pages. Defendants brief in response to the Answer may be up to 35 pages long. Signed by Judge Robert J. Shelby on 10/26/2015. (jds) (Entered: 10/26/2015)
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Oct. 26, 2015
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Oct. 26, 2015
PACER
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37
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MOTION to Dismiss and Memorandum in Support, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order)(Douglas, Parker) (Entered: 10/30/2015)
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Oct. 30, 2015
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Oct. 30, 2015
PACER
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38
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MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 11/17/2015)
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Nov. 17, 2015
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Nov. 17, 2015
PACER
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39
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ORDER granting 38 Motion for Extension of Time to File Response/Reply re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiffs Memorandum in Opposition to Motion to Dismiss due by 12/7/2015. Signed by Judge Robert J. Shelby on 11/17/2015. (jds) (Entered: 11/17/2015)
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Nov. 17, 2015
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Nov. 17, 2015
PACER
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40
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Plaintiff's MEMORANDUM in Opposition re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - D, # 2 Exhibit E)(Sullivan, Alan) (Entered: 12/07/2015)
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Dec. 7, 2015
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Dec. 7, 2015
PACER
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41
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NOTICE OF HEARING ON MOTION re: 37 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by Mary Jane McNamee) Motion Hearing set for 2/2/2016 at 10:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 12/09/2015)
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Dec. 9, 2015
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Dec. 9, 2015
PACER
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42
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Stipulated MOTION for Extension of Time to File Response/Reply as to 41 Notice of Hearing on Motion, 39 Order on Motion for Extension of Time to File Response/Reply, 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, 40 Memorandum in Opposition to Motion, and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 12/15/2015)
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Dec. 15, 2015
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Dec. 15, 2015
PACER
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43
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ORDER granting 42 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss. Reply Brief due by 1/14/2016. Signed by Judge Robert J. Shelby on 12/15/2015. (jds) (Entered: 12/16/2015)
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Dec. 16, 2015
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Dec. 16, 2015
PACER
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44
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MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 01/13/2016)
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Jan. 13, 2016
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Jan. 13, 2016
PACER
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45
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ORDER granting 44 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss Reply Brief due by 1/15/2016. Signed by Judge Robert J. Shelby on 1/13/2016. (jds) (Entered: 01/13/2016)
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Jan. 13, 2016
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Jan. 13, 2016
PACER
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46
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MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 01/15/2016)
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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47
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ORDER granting 46 Motion for Extension of Time to File Response/Reply re 37 MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 1/18/2016. Signed by Judge Robert J. Shelby on 1/15/2016. (blh) (Entered: 01/15/2016)
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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48
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REPLY to Response to Motion re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Douglas, Parker) (Entered: 01/18/2016)
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Jan. 18, 2016
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Jan. 18, 2016
PACER
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49
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Minute Entry for proceedings held before Judge Robert J. Shelby: Counsel present for parties. The Court hears oral argument. The Court takes the motion under advisement. Motion Hearing held on 2/2/2016 re 37 MOTION to Dismiss and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by State of Utah, Dallas Earnshaw, Douglas Thomas, Utah State Hospital, Utah Division of Substance Abuse and Mental Health, Ann Williamson, Utah Department of Human Services. Attorney for Plaintiff: Bret R. Evans, Jared C. Fields, Alan L. Sullivan, Erin Sullivan, Attorney for Defendant: Parker Douglas, Laura K. Thompson. Court Reporter: Ray Fenlon.(Time Start: 10:00 a.m., Time End: 12:31 p.m., Room 7.300.)(kpf) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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50
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DEFENDANTS' MOTION TO DISMISS held on FEBRUARY 2, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. 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 3/9/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/17/2016. (jds) Modified on 5/17/2016 by removing restricted text (las). (Entered: 02/17/2016)
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Feb. 17, 2016
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Feb. 17, 2016
PACER
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51
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MEMORANDUM DECISION AND ORDER denying 37 the State's Motion to Dismiss. Signed by Judge Robert J. Shelby on 4/7/2016. (jds) (Entered: 04/07/2016)
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April 7, 2016
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April 7, 2016
RECAP
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52
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MOTION for Extension of Time TO FILE ANSWER AND OPPOSITION BRIEF TO PLAINTIFFS MOTION TO CERTIFY CLASS ACTION AND TO APPOINT CLASS COUNSEL, DOC. #18 and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 04/24/2016)
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April 24, 2016
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April 24, 2016
PACER
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53
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ORDER granting 52 Unopposed Motion for Extension of Time to file answer and opposition brief to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 4/25/2015. (jds) (Entered: 04/25/2016)
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April 25, 2016
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April 25, 2016
PACER
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54
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Defendant State of Utah, et als ANSWER to Complaint filed by State of Utah.(Thompson, Laura) (Entered: 04/27/2016)
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April 27, 2016
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April 27, 2016
PACER
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55
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REPORT OF ATTORNEY PLANNING MEETING. (Evans, Bret) (Entered: 05/04/2016)
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May 4, 2016
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May 4, 2016
PACER
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56
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MOTION for Extension of Time to File Response/Reply as to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel and Memorandum in Support filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Douglas, Parker) (Entered: 05/09/2016)
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May 9, 2016
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May 9, 2016
PACER
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57
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ORDER granting 56 Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel. Brief in Opposition due by 5/16/2016. Signed by Judge Robert J. Shelby on 5/9/2016. (jds) (Entered: 05/09/2016)
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May 9, 2016
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May 9, 2016
PACER
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58
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MEMORANDUM in Opposition re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Exhibit 1)(Douglas, Parker) (Entered: 05/16/2016)
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May 16, 2016
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May 16, 2016
PACER
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59
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Stipulated MOTION for Extension of Time to File Response/Reply as to 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 05/19/2016)
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May 19, 2016
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May 19, 2016
PACER
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60
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ORDER granting 59 Motion for Extension of Time to File Response/Reply re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel. Replies due by 6/14/2016. Signed by Magistrate Judge Brooke C. Wells on 5/19/2016. (jds) (Entered: 05/19/2016)
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May 19, 2016
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May 19, 2016
PACER
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61
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SCHEDULING ORDER: Amended Pleadings due by Plaintiffs 9/6/2016, Defendants 9/20/2016. Joinder of Parties due by Plaintiffs 9/6/2016, Defendants 9/20/2016. Discovery due by 4/14/2017. Motions due by 5/5/2017. Deadline for filing a request for a scheduling conference due by 5/12/2017. Signed by Magistrate Judge Evelyn J. Furse on 5/23/2016. (jds) (Entered: 05/23/2016)
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May 23, 2016
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May 23, 2016
PACER
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62
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Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Evans, Bret) (Entered: 06/10/2016)
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June 10, 2016
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June 10, 2016
PACER
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63
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ORDER granting 62 Ex Parte Motion for Leave to File Overlength Reply in support of Plaintiffs Motion to Certify Class and Appoint Class Counsel. Signed by Magistrate Judge Brooke C. Wells on 6/10/2016. (jds) (Entered: 06/10/2016)
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June 10, 2016
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June 10, 2016
PACER
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64
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REPLY to Response to Motion re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - State v. Adams, # 2 Exhibit B - Burnside v. Whitley, # 3 Exhibit C - State v. Parry)(Sullivan, Alan) (Entered: 06/13/2016)
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June 13, 2016
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June 13, 2016
PACER
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65
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AFFIDAVIT/DECLARATION of Erin Sullivan in Support re 18 Plaintiff's MOTION to Certify Class and Memorandum in Support and to Appoint Class Counsel filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit A - NCP Lists, # 2 Exhibit B - BZ Court Docs, # 3 Exhibit C - JS Court Docs, # 4 Exhibit D - SE Court Docs, # 5 Exhibit E - RISE Patient Handbook, # 6 Exhibit F - RISE Contract, # 7 Exhibit G - RISE Budget Request)(Sullivan, Alan) (Entered: 06/13/2016)
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June 13, 2016
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June 13, 2016
PACER
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66
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NOTICE OF HEARING ON MOTION re: 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel : (Notice generated by Mary Jane McNamee) Motion Hearing set for 8/18/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 06/17/2016)
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June 17, 2016
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June 17, 2016
PACER
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67
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AMENDED NOTICE OF HEARING ON MOTION re: 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 9/22/2016 at 1:45 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 06/27/2016)
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June 27, 2016
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June 27, 2016
PACER
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68
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Joint MOTION for Protective Order Stipulated filed by Defendant State of Utah. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit) Motions referred to Brooke C. Wells.(Thompson, Laura) (Entered: 07/29/2016)
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July 29, 2016
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July 29, 2016
PACER
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69
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ORDER granting 68 Stipulated Motion for Protective Order. Signed by Judge Robert J. Shelby on 8/3/2016. (Attachments: # 1 Disclosure Agreement) (jds) (Entered: 08/03/2016)
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Aug. 3, 2016
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Aug. 3, 2016
PACER
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70
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Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/22/2016 re 18 Plaintiff's MOTION to Certify Class and to Appoint Class Counsel filed by A. U., S. W., S. B., Disability Law Center. Counsel are present. The court hears argument and takes the motion under advisement. Attorney for Plaintiff: Alan L. Sullivan, Aaron M. Kinikini, Bret R. Evans, Attorney for Defendant: Parker Douglas, Laura K. Thompson, David N. Wolf. Court Reporter: Ray Fenlon.(cff) (Entered: 09/22/2016)
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Sept. 22, 2016
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Sept. 22, 2016
PACER
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71
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MEMORANDUM DECISION AND ORDER granting 18 Plaintiffs Motion to Certify as Class Action and to Appoint Class Counsel. Signed by Judge Robert J. Shelby on 9/27/2016. (jds) (Entered: 09/27/2016)
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Sept. 27, 2016
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Sept. 27, 2016
RECAP
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72
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLAINTIFF'S MOTION TO CERTIFY CLASS AND APPOINT CLASS COUNSEL held on SEPTEMBER 22, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. 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 10/25/2016. Redacted Transcript Deadline set for 11/4/2016. Release of Transcript Restriction set for 1/3/2017. (jds) Modified on 1/3/2017 by removing restricted text (las). (Entered: 10/04/2016)
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Oct. 4, 2016
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Oct. 4, 2016
PACER
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74
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NOTICE of U.S. Court of Appeals Number(16-608) re: Petition for Permission to Appeal re 71 Order on Motion to Certify Class, Memorandum Decision. (Attachments: # 1 Petition for Permission to Appeal) (jmr) (Entered: 10/12/2016)
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Oct. 12, 2016
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Oct. 12, 2016
PACER
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75
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ORDER of USCA Tenth Circuit-This matter is before the court on the Utah Petitioners' Petition for Permission to Appeal and Order Granting Class Certification. Upon consideration, and after very careful review of the petition, the response, the reply, and the district court's order, the Petition for Permission is Denied. Terminated on the merits after submissions without oral hearing. Written, unsigned, and unpublished. Final order filed denying petition for permission to appeal by judges: Briscoe, Hartz, and Moritz. (jmr) (Entered: 11/08/2016)
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Nov. 7, 2016
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Nov. 7, 2016
PACER
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76
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FILED IN ERROR - RESPONSE to Discovery Request from State of Utah filed by Defendant State of Utah.(Thompson, Laura) Modified on 12/15/2016: added error text (alt) (Entered: 12/15/2016)
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Dec. 15, 2016
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Dec. 15, 2016
PACER
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77
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CLERK'S NOTICE OF ERROR re 76 Response to Discovery. Description of error: Document should not have been filed with the court per DUCivR 26-1(b). (alt) (Entered: 12/15/2016)
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Dec. 15, 2016
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Dec. 15, 2016
PACER
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78
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STRICKEN - Signature line missing, document will be refiled by filer. MOTION to Stay of Proceedings filed by Plaintiff Disability Law Center. (Attachments: # 1 Proposed Order Granting Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron) Modified on 1/3/2017 (jds). (Entered: 01/03/2017)
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Jan. 3, 2017
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Jan. 3, 2017
PACER
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79
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Joint MOTION to Stay Of Proceedings and Motion to Amend Scheduling Order filed by Plaintiff Disability Law Center. (Attachments: # 1 Proposed Order Granting Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron). Added MOTION for Scheduling Order on 1/6/2017 (jds). (Entered: 01/03/2017)
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Jan. 3, 2017
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Jan. 3, 2017
PACER
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80
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ORDER granting 79 Motion to Stay of Proceeding, granting 79 Motion to Amend Scheduling Order: Discovery due by 6/23/2017, Motions due by 7/14/2017, Deadline for filing a request for a scheduling conference due by 7/21/2017. Signed by Magistrate Judge Brooke C. Wells on 1/5/2017. (jds) (Entered: 01/06/2017)
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Jan. 6, 2017
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Jan. 6, 2017
PACER
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81
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Joint MOTION to Stay of Proceedings filed by Plaintiff Disability Law Center. (Attachments: # 1 Exhibit Proposed order Granting Second Joint Motion for Stay of Proceedings) Motions referred to Brooke C. Wells.(Kinikini, Aaron) (Entered: 03/17/2017)
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March 17, 2017
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March 17, 2017
PACER
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82
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ORDER granting 81 Second Joint MOTION to Stay of Proceedings filed by Disability Law Center. Discovery due by 8/23/2017. Motions due by 9/14/2017. Deadline for filing a request for a scheduling conference due by 9/21/2017. Signed by Magistrate Judge Brooke C. Wells on 3/20/2017. (blh) (Entered: 03/20/2017)
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March 20, 2017
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March 20, 2017
PACER
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83
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Joint MOTION to Amend/Correct 61 Scheduling Order, filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Text of Proposed Order Amended Scheduling Order) Motions referred to Brooke C. Wells.(Wolf, David) Modified event type on 4/17/2017 (jds). (Entered: 04/17/2017)
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April 17, 2017
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April 17, 2017
PACER
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84
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ORDER granting 83 Motion to Amend Scheduling Order: Discovery due by 9/20/2017. Motions due by 10/12/2017. Signed by Magistrate Judge Brooke C. Wells on 4/17/2017. (jds) (Entered: 04/17/2017)
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April 17, 2017
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April 17, 2017
PACER
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85
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Joint MOTION Appointment of Monitor, Joint MOTION for Settlement Approval of Settlement Agreement, Joint MOTION to Stay Proceedings filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Attachments: # 1 Exhibit 1 - Settlement Agreement, # 2 Exhibit 2 - Notice to Class Members, # 3 Exhibit 3 - Notice to Defense Counsel, # 4 Exhibit 4 - Curriculum Vitae for Patrick Fox MD, # 5 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Sullivan, Alan) (Entered: 06/12/2017)
1
View on RECAP
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June 12, 2017
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June 12, 2017
PACER
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86
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ORDER re 85 Joint MOTION Appointment of Monitor, Joint MOTION for Approval of Settlement Agreement, Joint MOTION to Stay Proceedings. The Court will hold a fairness hearing on the fairness, reasonableness, and adequacy of the Settlement Agreement set for 7/11/2017 at 03:00 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 6/14/2017. (jds) (Entered: 06/14/2017)
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June 14, 2017
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June 14, 2017
PACER
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87
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Motions No Longer Referred: 85 Joint MOTION Appointment of Monitor Joint MOTION for Settlement Approval of Settlement AgreementJoint MOTION to Stay Proceedings (ems) (Entered: 06/19/2017)
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June 19, 2017
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June 19, 2017
PACER
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88
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AFFIDAVIT/DECLARATION of Alan L. Sullivan in Support re 85 Joint MOTION Appointment of Monitor Joint MOTION for Settlement Approval of Settlement AgreementJoint MOTION to Stay Proceedings filed by Plaintiffs S. B., Disability Law Center, A. U., S. W.. (Sullivan, Alan) (Entered: 06/26/2017)
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June 26, 2017
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June 26, 2017
PACER
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89
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NOTICE of Notice of Filing Comments and Objections to Proposed Settlement Agreement by Disability Law Center (Attachments: # 1 Exhibit Responses to Proposed Class Action Settlement) (Sullivan, Erin) (Entered: 07/05/2017)
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July 5, 2017
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July 5, 2017
PACER
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90
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Minute Entry for proceedings held before Judge Robert J. Shelby. Motion Hearing held on 7/11/2017. After hearing from counsel. Court granted the 85 Joint Motion for Appointment of Monitor, Approval of the Settlement Agreement and Stay of Proceedings. For reasons stated by Mr. Sullivan and submissions from counsel, Court finds the settlement to be fair, reasonable and adequate. Court ordered the proceeding in this case stayed for 5 years. Court further appointed Dr. Patrick K. Fox as Monitor. Court will prepare a written order. Attorney for Plaintiff: Alan L. Sullivan, Bret R. Evans, Erin Sullivan, Attorney for Defendant: David N. Wolf, Laura K. Thompson. Court Reporter: Ray Fenlon.(ss) (Entered: 07/12/2017)
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July 11, 2017
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July 11, 2017
PACER
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91
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ORDER re 90 Motion Hearing. Follows oral order of 7/11/2017 granting 85 Joint Motion for Appointment of Monitor, Approval of the Settlement Agreement and Stay of Proceedings. Signed by Judge Robert J. Shelby on 7/12/2017. (jds) (Entered: 07/12/2017)
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July 12, 2017
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July 12, 2017
PACER
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92
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ORDER Administratively Closing this Case per 91 Order. Case may be reopened upon motion of pla(s) or dft(s). Magistrate Judge Brooke C. Wells no longer assigned to case. Signed by Judge Robert J. Shelby on 7/12/2017. (jds) (Entered: 07/12/2017)
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July 12, 2017
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July 12, 2017
PACER
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93
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NOTICE OF WITHDRAWAL OF COUNSEL of Parker Douglas filed by David N. Wolf on behalf of Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson (Wolf, David) (Entered: 09/25/2017)
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Sept. 25, 2017
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Sept. 25, 2017
PACER
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94
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Stipulated MOTION to Dismiss to Lift Stay and Dismiss Plaintiffs' Claims, with Prejudice filed by Defendants Dallas Earnshaw, State of Utah, Douglas Thomas, Utah Department of Human Services, Utah Division of Substance Abuse and Mental Health, Utah State Hospital, Ann Williamson. (Attachments: # 1 Exhibit)(Wolf, David) (Entered: 07/13/2022)
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July 13, 2022
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July 13, 2022
PACER
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95
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ORDER Lifting Stay and Dismissing Plaintiffs' Claims with Prejudice. Signed by Judge Robert J. Shelby on 7/13/22. (dla) (Entered: 07/13/2022)
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July 13, 2022
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July 13, 2022
PACER
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