Franchek v. Park City Municipal Corporation et al
| Utah District Court | |
| Judge: | Dustin B Pead |
| Case #: | 2:21-cv-00563 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 27, 2021 |
| Last checked: Saturday Mar 26, 2022 4:49 AM MDT |
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Defendant
Park City Municipal Corporation
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Represented By
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Defendant
Craig Proctor
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Represented By
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Defendant
James Rodrigues
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Represented By
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Defendant
Cameron Thor
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Represented By
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Defendant
Keltsey Ware
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Represented By
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Plaintiff
Michael J. Franchek
individually and on behalf of J.F., a minor child 2100 PARK AVE #682822
PARK CITY, UT 84068 |
| Docket last updated: 7 hours ago |
| Monday, April 29, 2024 | ||
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order
Order
Mon 04/29 10:43 AM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the April 26, 2024 Status Update, the case remains stayed pending resolution of Plaintiff's underlying criminal actions. See, Status Update ECF No. 36. Defendants are requested to notify the court immediately once a resolution is reached. However, no later than August 1, 2024, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this action. Signed by Magistrate Judge Dustin B. Pead on 4/29/2024. (amn) |
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| Friday, April 26, 2024 | ||
| 36 | 36
misc
Status Report
Fri 04/26 3:15 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| 35 | 35
notice
Notice (Other)
Fri 04/26 2:13 PM
NOTICE of Firm Name Change by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware (White, Heather) |
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| Tuesday, January 23, 2024 | ||
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order
Order
Tue 01/23 12:14 PM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the January 22, 2024 Status Update, the case remains stayed pending resolution of Plaintiff's underlying criminal actions. See, Status Update ECF No. 33. Defendants are requested to notify the court immediately once a resolution is reached. However, no later than April 26, 2024, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this action. Signed by Magistrate Judge Dustin B. Pead on 1/23/2024. (amn) |
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| Monday, January 22, 2024 | ||
| 33 | 33
misc
Status Report
Mon 01/22 1:18 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Thursday, December 21, 2023 | ||
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order
Order
Thu 12/21 10:42 AM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the December 20, 2023 Status Update, the case remains stayed pending resolution of Plaintiff's underlying criminal actions. See, Status Update ECF No. 31. Defendants are requested to notify the court immediately once a resolution is reached. However, no later than January 26, 2024, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this action. Signed by Magistrate Judge Dustin B. Pead on 12/21/2023. (amn) |
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| Wednesday, December 20, 2023 | ||
| 31 | 31
misc
Status Report
Wed 12/20 2:15 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Wednesday, September 20, 2023 | ||
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order
Order
Wed 09/20 9:35 AM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the September 19, 2023 Status Update, the case remains stayed pending resolution of Plaintiff's underlying criminal actions. See, Status Update 29. Defendants are requested to notify the court immediately once a resolution is reached. However, no later than December 20, 2024, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this action. Signed by Magistrate Judge Dustin B. Pead on 09/20/2023. (amn) |
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| Tuesday, September 19, 2023 | ||
| 29 | 29
misc
Status Report
Tue 09/19 1:30 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Tuesday, June 20, 2023 | ||
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order
Order
Tue 06/20 9:45 AM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the June 16, 2023, Status Update, the case remains stayed pending resolution of Plaintiff's underlying criminal actions. See, Status Update 27 .Defendants are requested to notify the court immediately once a resolution is reached. However, no later than September 18, 2023, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this case. Signed by Magistrate Judge Dustin B. Pead on 06/20/2023. (amn) |
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| Friday, June 16, 2023 | ||
| 27 | 27
misc
Status Report
Fri 06/16 1:13 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Thursday, March 09, 2023 | ||
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order
Order
Thu 03/09 10:53 AM
DOCKET TEXT ORDER. Based on the information provided by Defendants in the March 8, 2023 Status Update 25 , the case remains stayed pending resolution of Plaintiff's underlying criminal actions. Defendants are requested to notify the court immediately once a resolution is reached. However, no later than June 19, 2023, Defendants shall provide an updated Status Report on the status of the underlying criminal actions and the appropriateness of lifting the stay in this case. Signed by Magistrate Judge Dustin B. Pead on 03/09/2023. (amn) |
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| Wednesday, March 08, 2023 | ||
| 25 | 25
misc
Status Report
Wed 03/08 2:57 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Thursday, December 08, 2022 | ||
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order
Order
Thu 12/08 9:16 AM
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| Wednesday, December 07, 2022 | ||
| 23 | 23
3
pgs
misc
Status Report
Wed 12/07 1:47 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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order
Order
Wed 12/07 9:45 AM
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| Tuesday, December 06, 2022 | ||
| 21 | 21
misc
Mail Returned
Tue 12/06 10:23 AM
Mail Returned as Undeliverable vacant. Mail sent to Michael J. Franchek re 20 Docket Text Order. (jl) |
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| Friday, August 19, 2022 | ||
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order
Order
Fri 08/19 9:15 AM
DOCKET TEXT ORDER. Based on the information contained in the August 18, 2022 Status Update 19 , this case shall remain STAYED pending conclusion of the criminal case currently scheduled for November 3-4, 2022. After the criminal trial concludes, but no later than November 14, 2022, Defendants shall file a third report addressing the status of the criminal court action and the appropriateness of lifting the stay in this matter. Signed by Magistrate Judge Dustin B. Pead on 08/19/2022. (amn) |
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| Thursday, August 18, 2022 | ||
| 19 | 19
misc
Status Report
Thu 08/18 12:17 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Friday, June 24, 2022 | ||
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order
Order
Fri 06/24 10:24 AM
DOCKET TEXT ORDER. Based on the information contained in Defendants' Status Update 17 , and the projected September 2022 trial date, the Court orders Defendants to file a second Status Update, regarding the status of the underlying criminal case, within sixty (60) |
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| Wednesday, June 01, 2022 | ||
| 17 | 17
misc
Status Report
Wed 06/01 5:03 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (White, Heather) |
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| Wednesday, March 02, 2022 | ||
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order
Order
Wed 03/02 7:10 AM
DOCKET TEXT ORDER. Upon review of Defendants' Status Report 15 and information establishing that a trial in the underlying state court criminal case (State v. Franchek, Case No. 201200399) is scheduled for May 20, 2022 [15-1],[15-2], the Court ORDERS that Plaintiff's claims in this action shall remain STAYED. Defendants to file a Status Report, no later than June 1, 2022, addressing the status of the criminal state court action and the appropriateness of lifting the stay at that time. Signed by Magistrate Judge Dustin B. Pead on 03/02/2022. (amn) |
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| Tuesday, March 01, 2022 | ||
| 15 | 15
misc
Status Report
Tue 03/01 3:47 PM
STATUS REPORT by Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware.(White, Heather) |
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Att: 1
Exhibit A. Court Docket,
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Att: 2
Exhibit B. Minutes Suppression Hearing
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| Wednesday, December 29, 2021 | ||
| 14 | 14
3
pgs
order
Order on Motion to Stay
Wed 12/29 3:55 PM
ORDER and Ruling re 12 Motion to Dismiss or Stay. Pursuant to Younger v. Harris, Plaintiff's claims for equitable relief in the form of a court-ordered written apology and the unsealing of records pertaining to Officer James Rodrigues are DISMISSED; Since the state criminal proceedings have not terminated, Plaintiff's remaining claims for damages are premature. As a result, those claims are STAYED. Defendants to file a Status Report addressing the status of the underlying criminal state court action and the appropriateness of lifting the stay by March 1, 2022. Plaintiff lacks standing to bring claims on behalf of minor J.F. and any claims brought by Plaintiff on J.F.s behalf are DISMISSED. Signed by Magistrate Judge Dustin B. Pead on 12/29/2021. (jl) |
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| Thursday, December 16, 2021 | ||
| 13 | 13
2
pgs
order
Order to Show Cause
Thu 12/16 9:43 AM
ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 10 days from the date of this order and provide both a response to the pending Motion to Dismiss or Stay 12 in addition to good cause as to why an opposition to the Motion was not timely filed. Signed by Magistrate Judge Dustin B. Pead on 12/16/21. (alf) |
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| Wednesday, October 27, 2021 | ||
| 12 | 12
14
pgs
motion
Dismiss
Wed 10/27 3:39 PM
MOTION to Dismiss or Stay filed by Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware.(White, Heather) |
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Att: 1
Exhibit Docket,
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Att: 2
Exhibit Franchek Information,
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Att: 3
Exhibit Franchek MPO,
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Att: 4
Exhibit Franchek PO,
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Att: 5
Exhibit Franchek MTD
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| Thursday, October 21, 2021 | ||
| 11 | 11
4
pgs
order
Order to Propose Schedule
Thu 10/21 12:27 PM
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 10/21/21. (alf) |
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| Wednesday, October 20, 2021 | ||
| 10 | 10
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 10/20 4:27 PM
CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiff Michael J. Franchek, Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (alf) |
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| 9 | 9
misc
Received Consent /Reassignment Form
Wed 10/20 4:26 PM
RECEIVED Consent/Reassignment Form from Plaintiff Michael J. Franchek. (alf) |
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| Tuesday, October 12, 2021 | ||
| 8 | 8
misc
Received Consent /Reassignment Form
Wed 10/13 9:24 AM
RECEIVED Consent/Reassignment Form from Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. (alf) |
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| 7 | 7
notice
Notice of Presiding Magistrate Assignment
Tue 10/12 7:20 AM
NOTICE to Defendant - This case is assigned to a magistrate judge. To consent or request reassignment, use[LINK:the form on this link] or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 7 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware. Form due by 10/19/2021. (alf) |
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| Monday, October 11, 2021 | ||
| 6 | 6
notice
Notice of Appearance
Mon 10/11 11:30 AM
NOTICE of Appearance by Bryson Ray Brown on behalf of Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware (Brown, Bryson) |
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| 5 | 5
notice
Notice of Appearance
Mon 10/11 10:54 AM
NOTICE of Appearance by Heather S. White on behalf of Park City Municipal Corporation, Craig Proctor, James Rodrigues, Cameron Thor, Keltsey Ware (White, Heather) |
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| Friday, October 08, 2021 | ||
| 4 | 4
service
Acknowledgment of Service (not for executed summons)
Fri 10/08 4:35 PM
ACKNOWLEDGMENT OF SERVICE Executed as to1 Complaint Acknowledgment filed by Craig Proctor, Cameron Thor, James Rodrigues, Keltsey Ware.Craig Proctor served on 10/8/2021, answer due 10/29/2021; Cameron Thor served on 10/8/2021, answer due 10/29/2021; James Rodrigues served on 10/8/2021, answer due 10/29/2021; Keltsey Ware served on 10/8/2021, answer due 10/29/2021. (White, Heather) |
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| Thursday, October 07, 2021 | ||
| 3 | 3
notice
Notice of Presiding Magistrate Assignment
Thu 10/07 1:41 PM
NOTICE to Pro Se Plaintiff - This case is assigned to a magistrate judge. To consent or request reassignment, use[LINK:the form on this link] or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 28 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Michael J. Franchek. Form due by 11/4/2021. (alf) |
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| Monday, September 27, 2021 | ||
| 2 | 2
motion
Miscellaneous Relief
Mon 09/27 12:31 PM
MOTION To Unseal Brady Giglio Records From 3rd District filed by Plaintiff Michael J. Franchek. (mh) |
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| 1 | 1
6
pgs
cmp
Complaint (Court)
Mon 09/27 12:26 PM
COMPLAINT against All Defendants (Filing fee $ 402, receipt number 4681095985) filed by Michael J. Franchek. Assigned to Magistrate Judge Dustin B. Pead (mh) |
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Att: 1
4 pgs
Supplement Statement of Facts,
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Att: 2
Civil Cover Sheet 1
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