Dave's Driving School LLC et al v. Utah Department of Public Safety et al
| Utah District Court | |
| Judge: | Dale A Kimball |
| Case #: | 2:24-cv-00178 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 06, 2024 |
| Terminated: | Mar 18, 2025 |
| Last checked: Monday Sep 02, 2024 2:38 AM MDT |
|
Defendant
Coulter Baldes
|
Represented By
|
|
Defendant
Kamie Bell
|
Represented By
|
|
Defendant
Christopher Caras
|
Represented By
|
|
Defendant
Division of Motor Vehicles
|
Represented By
|
|
Defendant
Driver License Division
|
Represented By
|
|
Defendant
Dave Tafoya
|
Represented By
|
|
Defendant
Utah Department of Public Safety
|
Represented By
|
|
Defendant
Tara Zamora
|
Represented By
|
|
Plaintiff
Lisa A. McConnell
Dr. 1530 OAK CLIFF DR
PROVO, UT 84604 |
|
|
Plaintiff
Dave's Driving School LLC
1530 OAK CLIFF DR
PROVO, UT 84604 |
|
|
Plaintiff
David B. McConnell
1530 OAK CLIFF DR
PROVO, UT 84604 |
GPO
Feb 27 2025
REPORT AND RECOMMENDATION - For the reasons stated herein, the court HEREBY RECOMMENDS: (1) The Entity Defendants and the Individual Defendants' 14 motion to dismiss be GRANTED.(2) Dave's Driving School's claims be DISMISSED WITHOUT PREJUDICE because it cannot appear pro se. (3) The McConnell Plaintiffs' federal claims be DISMISSED WITH PREJUDICE for failure to state claims upon which relief can be granted. (4) The McConnell Plaintiffs' state-law claims be DISMISSED WITHOUT PREJUDICE because the court should decline to exercise supplemental jurisdiction over those claims without any viable federal claims. (5) Plaintiffs' 17 motion for leave to file an overlength sur-reply on the Entity Defendants and the Individual Defendants' motion to dismiss be DENIED. (6) Plaintiffs not be permitted to file their 19 amended complaint.Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of their right to object. The parties must file any objections to this Report and Recommendation within 14 days after being served with a copy of it. Failure to object may constitute waiver of objections upon subsequent review. Signed by Magistrate Judge Jared C. Bennett on 2/27/2025. (eat) |
|
|
GPO
Mar 18 2025
Individual Defendants' motion to dismiss is DENIED; and Plaintiffs are not permitted to file their Amended Complaint. Signed by Judge Dale A. Kimball on 3/18/2025. (eat) ORDER AFFIRMING AND ADOPTING 21 REPORT AND RECOMMENDATION in its entirety. The Entity Defendants and Individual Defendants' 14 Motion to Dismiss is GRANTED. Dave's Driving School's claims are dismissed without prejudice because it cannot appear pro se, the McConnell Plaintiffs' federal claims are dismissed with prejudice for failure to state claims upon which relief can be granted, and the McConnell Plaintiffs' state-law claims are dismissed without prejudice because the court declines to exercise supplemental jurisdiction over those claims without any viable federal claims. Additionally, Plaintiffs' 17 motion for leave to file an overlength sur-reply on the Entity Defendants and |
| Docket last updated: 7 hours ago |
| Tuesday, March 18, 2025 | ||
| 23 | 23
order
Judgment
Tue 03/18 12:15 PM
JUDGMENT - Pursuant to the 22 Order Affirming and Adopting Report and Recommendation dated March 18, 2025, judgment is hereby entered in favor of Defendants and against Plaintiff. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Dale A. Kimball on 3/18/2025. (eat) |
|
| 22 | 22
3
pgs
order
Order Adopting Report and Recommendations Order on Motion to Dismiss Order on Motion for Leave to File Order on Report and Recommendations
Tue 03/18 12:10 PM
ORDER AFFIRMING AND ADOPTING 21 REPORT AND RECOMMENDATION in its entirety. The Entity Defendants and Individual Defendants' 14 Motion to Dismiss is GRANTED. Dave's Driving School's claims are dismissed without prejudice because it cannot appear pro se, the McConnell Plaintiffs' federal claims are dismissed with prejudice for failure to state claims upon which relief can be granted, and the McConnell Plaintiffs' state-law claims are dismissed without prejudice because the court declines to exercise supplemental jurisdiction over those claims without any viable federal claims. Additionally, Plaintiffs' 17 motion for leave to file an overlength sur-reply on the Entity Defendants and Individual Defendants' motion to dismiss is DENIED; and Plaintiffs are not permitted to file their Amended Complaint. Signed by Judge Dale A. Kimball on 3/18/2025. (eat) |
|
| Thursday, February 27, 2025 | ||
| 21 | 21
motion
Report and Recommendations
Thu 02/27 4:41 PM
REPORT AND RECOMMENDATION - For the reasons stated herein, the court HEREBY RECOMMENDS: (1) The Entity Defendants and the Individual Defendants' 14 motion to dismiss be GRANTED. (2) Dave's Driving School's claims be DISMISSED WITHOUT PREJUDICE because it cannot appear pro se. (3) The McConnell Plaintiffs' federal claims be DISMISSED WITH PREJUDICE for failure to state claims upon which relief can be granted. (4) The McConnell Plaintiffs' state-law claims be DISMISSED WITHOUT PREJUDICE because the court should decline to exercise supplemental jurisdiction over those claims without any viable federal claims. (5) Plaintiffs' 17 motion for leave to file an overlength sur-reply on the Entity Defendants and the Individual Defendants' motion to dismiss be DENIED. (6) Plaintiffs not be permitted to file their 19 amended complaint. Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of their right to object. The parties must file any objections to this Report and Recommendation within 14 days after being served with a copy of it. Failure to object may constitute waiver of objections upon subsequent review. Signed by Magistrate Judge Jared C. Bennett on 2/27/2025. (eat) |
|
| Thursday, July 25, 2024 | ||
| 20 | 20
misc
Exhibits
Fri 07/26 9:03 AM
EXHIBIT S filed by Dave's Driving School LLC, David B. McConnell, and Lisa A. McConnell re19 Lodged Document - Amended Complaint. The Exhibit was not entered on the docket due to file type and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (eat) |
|
| Tuesday, July 23, 2024 | ||
| 19 | 19
utility
Lodged Document
Tue 07/23 11:53 AM
DOCUMENTS LODGED consisting of Amended Complaint and Exhibits. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (eat) |
|
|
Att: 1
Exhibit A-P,
|
||
|
Att: 2
Exhibit Q,
|
||
|
Att: 3
Exhibit R,
|
||
|
Att: 4
Exhibit S,
|
||
|
Att: 5
Exhibit U,
|
||
|
Att: 6
Exhibit U1,
|
||
|
Att: 7
Exhibit V1,
|
||
|
Att: 8
Exhibit V2,
|
||
|
Att: 9
Exhibit V3,
|
||
|
Att: 10
Exhibit V4,
|
||
|
Att: 11
Exhibit W,
|
||
|
Att: 12
Exhibit X1,
|
||
|
Att: 13
Exhibit X2,
|
||
|
Att: 14
Exhibit X3,
|
||
|
Att: 15
Exhibit X4,
|
||
|
Att: 16
Exhibit Y1,
|
||
|
Att: 17
Exhibit Y2,
|
||
|
Att: 18
Exhibit Y3,
|
||
|
Att: 19
Exhibit Y4,
|
||
|
Att: 20
Exhibit Y5
|
||
| Monday, July 08, 2024 | ||
| 18 | 18
5
pgs
respm
Memorandum in Opposition to Motion
Mon 07/08 1:48 PM
MEMORANDUM in Opposition re17 MOTION for Leave to File Request Permission to File Overlengh Response filed by Defendants Coulter Baldes, Kamie Bell, Christopher Caras, Division of Motor Vehicles, Driver License Division, Dave Tafoya, Utah Department of Public Safety, Tara Zamora. (Hopkins, Andrew) |
|
| Friday, July 05, 2024 | ||
|
utility
Motions Referred
Fri 07/05 12:33 PM
MOTIONS REFERRED -17 MOTION for Leave to File. Motions referred to Jared C. Bennett.(kpf) |
||
| Wednesday, July 03, 2024 | ||
| 17 | 17
motion
Leave to File Document
Wed 07/03 12:40 PM
MOTION for Leave to file overlength response File an overlength Response/Reply as to14 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Dave's Driving School LLC, David B. McConnell, Lisa A. McConnell. Motions referred to Jared C. Bennett.(kpf) Modified on to change the event type 7/3/2024 (kpf) |
|
|
misc
Modification of Docket
Wed 07/03 2:11 PM
Modification of Docket: re17 MOTION for Leave to File. Error: Wrong event was selected. Correction: Event type corrected and text added. (kpf) |
||
| Thursday, June 13, 2024 | ||
| 16 | 16
respm
Reply Memorandum/Reply to Response to Motion
Thu 06/13 10:56 AM
REPLY to Response to Motion re14 MOTION to Dismiss and Memorandum in Support filed by Defendants Coulter Baldes, Kamie Bell, Christopher Caras, Division of Motor Vehicles, Driver License Division, Dave Tafoya, Utah Department of Public Safety, Tara Zamora. (Hopkins, Andrew) |
|
| Thursday, May 30, 2024 | ||
| 15 | 15
respm
Response to Motion
Thu 05/30 4:19 PM
RESPONSE to14 Defendants' MOTION to Dismiss filed by Plaintiffs Dave's Driving School LLC, David B. McConnell, and Lisa A. McConnell. (eat) |
|
|
Att: 1
Exhibit Q,
|
||
|
Att: 2
Exhibit R
|
||
| Thursday, May 16, 2024 | ||
| 14 | 14
motion
Dismiss
Thu 05/16 9:54 AM
MOTION to Dismiss and Memorandum in Support filed by Defendants Coulter Baldes, Kamie Bell, Christopher Caras, Division of Motor Vehicles, Driver License Division, Dave Tafoya, Utah Department of Public Safety, Tara Zamora. Motions referred to Jared C. Bennett.(Hopkins, Andrew) |
|
| Monday, April 29, 2024 | ||
| 13 | 13
misc
Clerks Order
Mon 04/29 12:14 PM
CLERKS ORDER granting12 MOTION to Clerk of Court for Extension of Time to Respond to1 Complaint. IT IS HEREBY ORDERED that Defendants shall have until May 16, 2024, in which to answer, move or otherwise plead to Plaintiffs' Complaint. Signed by Tiffany Brown. (eat) |
|
| 12 | 12
motion
Extension of Time to File Answer
Mon 04/29 11:18 AM
MOTION for Extension of Time to File Answer re1 Complaint, filed by Defendants Coulter Baldes, Kamie Bell, Christopher Caras, Division of Motor Vehicles, Driver License Division, Dave Tafoya, Utah Department of Public Safety, Tara Zamora. Motions referred to Jared C. Bennett. Attorney Andrew R. Hopkins added to party Coulter Baldes(pty:dft), Attorney Andrew R. Hopkins added to party Kamie Bell(pty:dft), Attorney Andrew R. Hopkins added to party Christopher Caras (pty:dft), Attorney Andrew R. Hopkins added to party Division of Motor Vehicles(pty:dft), Attorney Andrew R. Hopkins added to party Driver License Division(pty:dft), Attorney Andrew R. Hopkins added to party Dave Tafoya(pty:dft), Attorney Andrew R. Hopkins added to party Utah Department of Public Safety(pty:dft), Attorney Andrew R. Hopkins added to party Tara Zamora(pty:dft)(Hopkins, Andrew) |
|
|
Att: 1
Text of Proposed Order
|
||
| Tuesday, April 16, 2024 | ||
| 11 | 11
service
Summons Returned Executed
Tue 04/16 2:42 PM
SUMMONS Returned Executed by Dave's Driving School LLC. Summons served on Kamie Bell, Christopher Caras, Dave Tafoya, Utah Department of Public Safety, Tara Zamora, Served on 04/11/2024, answer due 05/02/2024. (kpf) |
|
| Thursday, April 04, 2024 | ||
| 10 | 10
service
Summons Issued Electronically
Thu 04/04 10:16 AM
Summons Issued Electronically as to Christopher Caras. 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. (kec) |
|
| 9 | 9
service
Summons Issued Electronically
Thu 04/04 10:15 AM
Summons Issued Electronically as to Coulter Baldes. 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. (kec) |
|
| 8 | 8
service
Summons Issued Electronically
Thu 04/04 10:14 AM
Summons Issued Electronically as to Dave Tafoya. 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. (kec) |
|
| 7 | 7
service
Summons Issued Electronically
Thu 04/04 10:13 AM
Summons Issued Electronically as to Kamie Bell. 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. (kec) |
|
| 6 | 6
service
Summons Issued Electronically
Thu 04/04 10:12 AM
Summons Issued Electronically as to Tara Zamora. 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. (kec) |
|
| Thursday, March 28, 2024 | ||
|
utility
Reassignment to District Judge
Thu 03/28 11:07 AM
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) |
||
| Friday, March 08, 2024 | ||
| 4 | 4
5
pgs
order
Order to Propose Schedule
Fri 03/08 10:41 AM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 3/8/24 (alt) |
|
| Wednesday, March 06, 2024 | ||
| 3 | 3
notice
Notice of Email Filing and Notification Form
Thu 03/07 12:37 PM
NOTICE of Email Filing and Notification Form by Lisa A. McConnell. (mh) |
|
| 2 | 2
notice
Notice of Presiding Magistrate Assignment
Wed 03/06 3:41 PM
NOTICE - 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 Lisa A. McConnell. Form due by 3/27/2024. (mh) |
|
| 1 | 1
cmp
Complaint (Court)
Wed 03/06 2:31 PM
COMPLAINT against Coulter Baldes, Kamie Bell, Christopher Caras, Division of Motor Vehicles, Driver License Division, Dave Tafoya, Utah Department of Public Safety, Tara Zamora (Filing fee $ 405, receipt number 5287) filed by David B. McConnell, Lisa A. McConnell, Dave's Driving School. Assigned to Magistrate Judge Jared C. Bennett (kec) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Exhibit A-P
|
||