Tracy v. Weber County et al
| Utah District Court | |
| Judge: | Dustin B Pead |
| Case #: | 1:23-cv-00090 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 08, 2023 |
| Terminated: | Mar 05, 2024 |
| Last checked: Sunday Feb 04, 2024 2:43 AM MST |
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Defendant
John B. Bond
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Represented By
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Defendant
John Ulibarri
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Represented By
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Defendant
Weber County
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Represented By
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Defendant
Weber County Assesor
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Represented By
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Defendant
Weber County Treasurer
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Represented By
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Plaintiff
James K. Tracy
1939 S 2650 W
WEST HAVEN, UT 84401 |
GPO
Oct 19 2023
MEMORANDUM DECISION AND ORDER denying 22 MOTION for Hearing re 16 Defendant's MOTION to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Dustin B. Pead on 10/19/2023. (alf) |
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GPO
Mar 04 2024
MEMORANDUM DECISION AND ORDER finding as moot 32 Motion to Expedite; granting 16 Motion to Dismiss for Failure to State a Claim ; denying 27 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Dustin B. Pead on 3/4/2024. (alf) |
| Docket last updated: 79 minutes ago |
| Friday, June 21, 2024 | ||
| 39 | 39
appeal
USCA Mandate
Fri 06/21 12:32 PM
MANDATE of USCA as to 36 Notice of Appeal, filed by James K. Tracy According to the USCA the appeal is dismissed for lack of prosecution.(alf) |
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Att: 1
Mandate Letter
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| Monday, March 18, 2024 | ||
| 38 | 38
appeal
USCA Case Number
Mon 03/18 11:26 AM
USCA Case Number Case Appealed to Tenth Circuit Case Number 24-4028 for36 Notice of Appeal, filed by James K. Tracy. (jrj) |
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| Monday, March 11, 2024 | ||
| 37 | 37
appeal
Transmission of Preliminary Record to USCA
Mon 03/11 1:27 PM
Transmission of Preliminary Record to USCA re36 Notice of Appeal.(jrj) |
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Att: 1
Appendix
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| 36 | 36
appeal
Notice of Appeal
Mon 03/11 1:21 PM
NOTICE OF APPEAL as to34 Order on Motion to Expedite,, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Amend/Correct,, Memorandum Decision,35 Judgment filed by James K. Tracy. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. Filing fee $ 605. (jrj) |
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| Tuesday, March 05, 2024 | ||
| 35 | 35
order
Judgment
Tue 03/05 11:19 AM
JUDGMENT this action is dismissed without prejudice for lack of subject-matter jurisdiction. Case Closed. Signed by Magistrate Judge Dustin B. Pead on 3/5/2024. (mh) |
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| Monday, March 04, 2024 | ||
| 34 | 34
9
pgs
order
Order on Motion to Expedite Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Amend/Correct Memorandum Decision
Mon 03/04 4:42 PM
MEMORANDUM DECISION AND ORDER finding as moot 32 Motion to Expedite; granting 16 Motion to Dismiss for Failure to State a Claim ; denying 27 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Dustin B. Pead on 3/4/2024. (alf) |
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| Monday, January 22, 2024 | ||
| 33 | 33
respm
Response to Motion
Mon 01/22 11:04 AM
Defendant's RESPONSE to Motion re32 MOTION to Expedite These Proceddings Pursuant to 28 U.S.C. § 1657(a) filed by Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. (Erickson, Courtlan) |
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| Wednesday, January 17, 2024 | ||
| 32 | 32
motion
Expedite
Wed 01/17 3:57 PM
Plaintiff's MOTION to Expedite These Proceedings Pursuant to 28 U.S.C. § 1657(a) filed by Plaintiff James K. Tracy. (mh) |
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| Wednesday, December 20, 2023 | ||
| 31 | 31
misc
Request to Submit for Decision
Wed 12/20 4:08 PM
SECOND REQUEST to Submit for Decision re27 MOTION to Amend/Correct1 Complaint filed by Plaintiff James K. Tracy. (jwt) |
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| Wednesday, December 06, 2023 | ||
| 30 | 30
misc
Request to Submit for Decision
Wed 12/06 1:54 PM
REQUEST to Submit for Decision re27 MOTION to Amend/Correct1 Complaint filed by Plaintiff James K. Tracy. (alf) |
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| Tuesday, December 05, 2023 | ||
| 29 | 29
respm
Reply Memorandum/Reply to Response to Motion
Tue 12/05 1:32 PM
REPLY to Response to Motion re27 MOTION to Amend/Correct1 Complaint filed by Plaintiff James K. Tracy. (alf) |
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| Monday, November 27, 2023 | ||
| 28 | 28
respm
Response to Motion
Mon 11/27 3:36 PM
Defendant's RESPONSE to Motion re27 MOTION to Amend/Correct1 Complaint,, filed by Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. (Erickson, Courtlan) |
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| Tuesday, November 14, 2023 | ||
| 27 | 27
motion
Amend/Correct
Wed 11/15 8:53 AM
MOTION to Amend1 Complaint, filed by Plaintiff James K. Tracy.(alf) |
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Att: 1
Proposed Amended Complaint,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J
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| Thursday, October 19, 2023 | ||
| 26 | 26
3
pgs
order
Order on Motion for Hearing Memorandum Decision
Thu 10/19 3:07 PM
MEMORANDUM DECISION AND ORDER denying 22 MOTION for Hearing re 16 Defendant's MOTION to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Dustin B. Pead on 10/19/2023. (alf) |
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| Monday, October 16, 2023 | ||
| 25 | 25
misc
Request to Submit for Decision
Mon 10/16 10:06 AM
REQUEST to Submit for Decision re22 MOTION for Hearing re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff James K. Tracy. (alf) |
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| Wednesday, October 11, 2023 | ||
| 24 | 24
respm
Reply Memorandum/Reply to Response to Motion
Thu 10/12 10:50 AM
REPLY to Response to Motion re22 MOTION for Hearing re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff James K. Tracy.(alf) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Wednesday, October 04, 2023 | ||
| 23 | 23
respm
Response to Motion
Wed 10/04 9:48 AM
Defendant's RESPONSE to Motion re22 MOTION for Hearing re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support re Motion Hearing filed by Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. (Erickson, Courtlan) |
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| Wednesday, September 20, 2023 | ||
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motion
Hearing
Wed 09/20 2:54 PM
MOTION for Hearing re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff James K. Tracy. (alf) |
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| Monday, September 18, 2023 | ||
| 21 | 21
respm
Reply Memorandum/Reply to Response to Motion
Mon 09/18 12:12 PM
Defendant's REPLY to Response to Motion re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. (Erickson, Courtlan) |
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| Tuesday, September 05, 2023 | ||
| 20 | 20
11
pgs
respm
Memorandum in Opposition to Motion
Tue 09/05 4:10 PM
MEMORANDUM in Opposition re16 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff James K. Tracy. (alf) |
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| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 09/05 11:32 AM
NOTICE OF CONSENT Under DUCivR 72-4, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. (mh) |
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| 17 | 17
notice
Notice of Presiding Magistrate Assignment
Tue 09/05 9:55 AM
NOTICE TO THE DEFENDANTS ONLY - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. Form due by 9/26/2023. (mh) |
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misc
Received Consent /Reassignment Form
Tue 09/05 11:28 AM
RECEIVED Consent/Reassignment Form from Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor and Weber County Treasurer. (mh) |
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| Friday, September 01, 2023 | ||
| 16 | 16
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Fri 09/01 4:34 PM
Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer. Attorney Courtlan P. Erickson added to party John B. Bond(pty:dft), Attorney Courtlan P. Erickson added to party John Ulibarri(pty:dft), Attorney Courtlan P. Erickson added to party Weber County(pty:dft), Attorney Courtlan P. Erickson added to party Weber County Assesor(pty:dft), Attorney Courtlan P. Erickson added to party Weber County Treasurer(pty:dft)(Erickson, Courtlan) |
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| Thursday, August 17, 2023 | ||
| 10 | 10
notice
Notice of Email Filing and Notification Form
Thu 08/17 9:52 AM
NOTICE of Email Filing and Notification Form by James K. Tracy. (alf) |
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| Tuesday, August 15, 2023 | ||
| 15 | 15
service
Summons Returned Executed
Mon 08/21 11:10 AM
SUMMONS Returned Executed by James K. Tracy as to Weber County Treasurer served on 8/11/2023, answer due 9/1/2023. (alf) |
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| 14 | 14
service
Summons Returned Executed
Mon 08/21 11:09 AM
SUMMONS Returned Executed by James K. Tracy as to Weber County Assesor served on 8/11/2023, answer due 9/1/2023. (alf) |
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| 13 | 13
service
Summons Returned Executed
Mon 08/21 11:08 AM
SUMMONS Returned Executed by James K. Tracy as to Weber County served on 8/10/2023, answer due 8/31/2023. (alf) |
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| 12 | 12
service
Summons Returned Executed
Mon 08/21 11:07 AM
SUMMONS Returned Executed by James K. Tracy as to John Ulibarri served on 8/11/2023, answer due 9/1/2023. (alf) |
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| 11 | 11
service
Summons Returned Executed
Mon 08/21 11:06 AM
SUMMONS Returned Executed by James K. Tracy as to John B. Bond served on 8/11/2023, answer due 9/1/2023. (alf) |
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| Wednesday, August 09, 2023 | ||
| 8 | 8
5
pgs
order
Order to Propose Schedule
Wed 08/09 12:17 PM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 8/9/2023. (mh) |
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misc
Received Consent /Reassignment Form
Wed 08/09 1:53 PM
RECEIVED Consent/Reassignment Form from Plaintiff James K. Tracy. (mh) |
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| Tuesday, August 08, 2023 | ||
| 7 | 7
notice
Notice of Presiding Magistrate Assignment
Tue 08/08 1:54 PM
NOTICE TO THE PLAINTIFF - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff James K. Tracy. Form due by 8/29/2023. (mh) |
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| 6 | 6
service
Summons Issued
Tue 08/08 1:32 PM
Summons Issued as to Weber County. (haa) |
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| 5 | 5
service
Summons Issued
Tue 08/08 1:31 PM
Summons Issued as to Weber County Treasurer. (haa) |
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| 4 | 4
service
Summons Issued
Tue 08/08 1:31 PM
Summons Issued as to Weber County Assesor. (haa) |
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| 3 | 3
service
Summons Issued
Tue 08/08 1:30 PM
Summons Issued as to John Ulibarri. (haa) |
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| 2 | 2
service
Summons Issued
Tue 08/08 1:30 PM
Summons Issued as to John B. Bond. (haa) |
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| 1 | 1
cmp
Complaint (Court)
Tue 08/08 1:17 PM
COMPLAINT against John B. Bond, John Ulibarri, Weber County, Weber County Assesor, Weber County Treasurer (Filing fee $ 402, receipt number 3137) (Fee Status: Paid) filed by James K. Tracy. Assigned to Magistrate Judge Dustin B. Pead (haa) |
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Att: 1
Exhibit A Warranty Deed,
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Att: 2
Exhibit B QuitClaim Deed,
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Att: 3
Exhibit C Bidding Docs.,
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Att: 4
Exhibit D Delinquent Taxes,
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Att: 5
Exhibit E Public Records Request,
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Att: 6
Exhibit F Statement,
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Att: 7
Exhibit G Tax Notice,
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Att: 8
Exhibit H Tort Claim Notice,
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Att: 9
Civil Cover Sheet
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