Jenkins et al v. Beaver County et al
| Utah District Court | |
| Judge: | David Nuffer |
| Referred: | Paul Kohler |
| Case #: | 4:24-cv-00063 |
| Nature of Suit | 441 Civil Rights - Voting |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 17, 2024 |
| Terminated: | Aug 22, 2024 |
| Last checked: Monday Jan 13, 2025 1:42 AM MST |
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Defendant
Tanielle Callaway
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Defendant
Jon Whittaker
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Defendant
Wayne County
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Defendant
Washington County
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Defendant
Steven C. Wall
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Defendant
Tooele County
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Defendant
Ryan Sullivan
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Defendant
Felicia Snow
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Defendant
Tracy Shaw
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Defendant
Sevier County
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Defendant
Salt Lake County
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Defendant
Marki Rowley
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Defendant
Piute County
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Defendant
Camille Moore
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Defendant
Millard County
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Defendant
Ginger McMullin
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Defendant
Chameill Lamb
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Defendant
Kane County
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Defendant
Juab County
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Defendant
Beaver County
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Defendant
Iron County
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Defendant
Lannie K Chapman
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Defendant
Deidre Henderson
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Defendant
Kali Gleave
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Defendant
Davis County
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Defendant
Brian McKenzie
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Defendant
Garfield County
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Plaintiff
Michael Gillespie
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Plaintiff
Richard Topham
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Plaintiff
Kelsie Topham
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Plaintiff
Camille Topham
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Plaintiff
Marsha Gillespie
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Plaintiff
Tanner Gillespie
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Plaintiff
Joshua Horlacher
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Plaintiff
LaJuana Robinson
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Plaintiff
Colby Jenkins
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| Docket last updated: 4 hours ago |
| Thursday, August 22, 2024 | ||
| 33 | 33
notice
Notice of Voluntary Dismissal (Atty)
Thu 08/22 12:00 PM
NOTICE of Voluntary Dismissal filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham (Young, R.) |
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utility
Terminate Civil Case
Thu 08/22 3:44 PM
Civil Case Terminated per33 Notice - CASE CLOSED. Magistrate Judge Paul Kohler no longer assigned to case (alt) |
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| Monday, August 12, 2024 | ||
| 32 | 32
1
pgs
order
Order on Motion for Extension of Time
Mon 08/12 12:45 PM
ORDER granting 31 Motion for Extension of Time: all defendants have until 9/9/24 to respond to 1 Complaint. Signed by Magistrate Judge Paul Kohler on 8/12/24 (alt) |
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| Friday, August 09, 2024 | ||
| 31 | 31
motion
Extension of Time
Fri 08/09 6:05 PM
First MOTION for Extension of Time Answer to Complaint filed by Defendant Washington County. Motions referred to Paul Kohler.(Clarke, Eric) |
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Att: 1
Text of Proposed Order
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| Tuesday, July 30, 2024 | ||
| 30 | 30
notice
Notice of Appearance
Tue 07/30 2:12 PM
NOTICE of Appearance by Von J. Christiansen on behalf of Beaver County (Christiansen, Von) |
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| Monday, July 29, 2024 | ||
| 29 | 29
notice
Notice of Appearance
Mon 07/29 5:24 PM
NOTICE of Appearance by Eric W. Clarke on behalf of Beaver County, Tanielle Callaway, Kali Gleave, Juab County, Ginger McMullin, Millard County, Piute County, Marki Rowley, Tracy Shaw, Felicia Snow, Tooele County, Wayne County (Clarke, Eric) |
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| Tuesday, July 23, 2024 | ||
| 28 | 28
2
pgs
order
Order
Tue 07/23 2:30 PM
ORDER Supplementing 27 Order to Propose Schedule. Signed by Magistrate Judge Paul Kohler on 7/23/24 (alt) |
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| 27 | 27
5
pgs
order
Order to Propose Schedule
Tue 07/23 2:29 PM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 7/23/24 (alt) |
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| Monday, July 22, 2024 | ||
| 25 | 25
misc
Transcript Purchase Notice
Tue 07/23 9:44 AM
Transcript Purchased by: Kyle Kaiser re24 transcript of 7/19/24 (alt) |
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| 24 | 24
misc
Transcript
Tue 07/23 9:40 AM
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO Motion Hearing held on July 19, 2024, before Judge David Nuffer. Court Reporter/Transcriber Tasha A. Sisneros, Telephone number 435-773-5115. NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter. 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 . Notice of Intent to Request Redaction due 8/12/2024. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/23/2024. Release of Transcript Restriction set for 10/21/2024 (alt) |
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order
Order Referring Case to Magistrate Judge
Mon 07/22 11:07 AM
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 7/22/2024. (pjd) |
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order
Order on Motion for Admission Pro Hac Vice
Mon 07/22 11:47 AM
DOCKET TEXT ORDER granting 3 Motion for Admission Pro Hac Vice of Attorney Anthony J. Ferate for Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. So ordered by Magistrate Judge Paul Kohler on 7/22/24 (docket text only - no attached document) (alt) |
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order
Order on Motion for Admission Pro Hac Vice
Mon 07/22 11:54 AM
DOCKET TEXT ORDER granting 4 Motion for Admission Pro Hac Vice of Attorney Courtney D. Powell for Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. So ordered by Magistrate Judge Paul Kohler on 7/22/24 (docket text only - no attached document) (alt) |
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misc
Modification of Docket
Mon 07/22 11:58 AM
Modification of Docket re5 MOTION for Temporary Restraining Order. Error: Motion requesting 2 possible reliefs was filed with only one relief selected. Correction: Second relief, "Preliminary Injunction" will be added and entry text corrected. (alt) |
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| Saturday, July 20, 2024 | ||
| 20 | 20
notice
Notice of Appearance
Sat 07/20 9:27 AM
NOTICE of Appearance by Eric W. Clarke on behalf of Garfield County, Iron County, Camille Moore, Sevier County, Ryan Sullivan, Steven C. Wall, Washington County, Jon Whittaker (Clarke, Eric) |
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| Friday, July 19, 2024 | ||
| 19 | 19
notice
Notice of Appearance
Fri 07/19 4:17 PM
NOTICE of Appearance by Scott D. Cheney on behalf of Deidre Henderson (Cheney, Scott) |
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| 18 | 18
notice
Notice of Appearance
Fri 07/19 3:18 PM
NOTICE of Appearance by David A. Miller on behalf of Lannie K Chapman, Salt Lake County (Miller, David) |
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| 17 | 17
notice
Notice of Appearance
Fri 07/19 3:16 PM
NOTICE of Appearance by William G. Garbina on behalf of Lannie K Chapman, Salt Lake County (Garbina, William) |
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| 16 | 16
notice
Notice of Appearance
Fri 07/19 12:51 PM
NOTICE of Appearance by Neal C. Geddes on behalf of Davis County, Brian McKenzie (Geddes, Neal) |
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| 15 | 15
misc
Notice of Filing
Fri 07/19 11:47 AM
NOTICE OF FILING of Declaration in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction re5 MOTION for Temporary Restraining Order and Preliminary Injunction (Expedited Hearing Requested) filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.(Young, R.) |
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Att: 1
Exhibit Declaration of Oliver James Semans, Sr.
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| 14 | 14
notice
Notice of Appearance
Fri 07/19 10:49 AM
NOTICE of Appearance by Kyle J. Kaiser on behalf of Deidre Henderson (Kaiser, Kyle) |
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| 13 | 13
notice
Notice of Appearance
Fri 07/19 9:27 AM
NOTICE of Appearance by Robert C. Van Dyke on behalf of Kane County (Van Dyke, Robert) |
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minutes
Status Conference ~Util - Terminate Motions
Tue 07/23 10:05 AM
Minute Entryfor proceedings held before Judge David Nuffer: Status Conference held on 7/19/2024. All parties are present by Zoom video conference. Counsel makes appearances for the record. The court grants6 Motion Expedite Hearing on Motion for TRO and Preliminary Injunction filed by Plaintiffs and7 Motion for Leave to Appear By Video Conference. Discussion held on docket entry12 DECLARATION of Scott Young and the service status for this hearing. Mr. Young reports that he has received confirmation of service for all parties except Juab County. Discussion held on Utah Code Ann. 20A-3a-401 (5) and (6). Discussion held on evidence regarding cure letters being late or cure opportunity being impaired and evidence of postmarking policies and practice regarding USPS facilities in Las Vegas and Salt Lake City. Discussion held regarding duty to obtain timely postmark on ballot, and on evidence regarding Voter Plaintiffs deposit of ballots before last USPS pickup. For the reasons stated on the record the court denies5 Motion for Temporary Restraining Order and Preliminary Injunction. Attorney for Plaintiff: Scott Young, Anthony J. Ferate and Courtney D. Powell, Attorney for Defendant: Kyle J. Kaiser, Scott D. Cheney, Stanford Purser, William G. Garbina, Perry Davis, Eric Clarke, Neal C. Geddes, Sam Woodall,. Court Reporter: Tasha Sisneros.(Time Start: 12:01, Time End: 12:43, Room 2B St. George Zoom Video Conference.)(pjd) |
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| Thursday, July 18, 2024 | ||
| 12 | 12
misc
Declaration
Thu 07/18 4:28 PM
DECLARATION of Scott Young, Esq. re11 Notice (Other), filed by Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Young, R.) |
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| 11 | 11
notice
Notice (Other)
Thu 07/18 4:26 PM
NOTICE of Filing Amended Verified Complaint and Service on Defendants by Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham re9 Amended Complaint (Young, R.) |
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| 9 | 9
cmp
Amended Complaint
Thu 07/18 3:08 PM
AMENDED COMPLAINT (Verified) against All Defendants. filed by Richard Topham, Michael Gillespie, Colby Jenkins, Camille Topham, Marsha Gillespie, LaJuana Robinson, Kelsie Topham, Tanner Gillespie, Joshua Horlacher. (Young, R.) |
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| 7 | 7
motion
Leave to Appear by Telephone or Video
Thu 07/18 11:59 AM
MOTION for Leave to Appear By Video Conference filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.(Young, R.) |
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Att: 1
Text of Proposed Order
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| 6 | 6
motion
Expedite
Thu 07/18 11:57 AM
MOTION to Expedite Hearing on Motion for TRO and Preliminary Injunction filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham. (Young, R.) |
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| 5 | 5
motion
Temporary Restraining Order
Thu 07/18 11:54 AM
MOTION for Temporary Restraining Order and Preliminary Injunction (Expedited Hearing Requested) filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.(Young, R.) |
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Att: 1
Exhibit Proposed Bill,
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Att: 2
Exhibit Declaration of Voters,
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Att: 3
Exhibit Declaration of Thomas Makel
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| 4 | 4
motion
Admission Pro Hac Vice (fee collected during entry)
Thu 07/18 10:51 AM
MOTION for Admission Pro Hac Vice of Courtney D. Powell , Registration fee $ 50, receipt number AUTDC-5127947, Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at[LINK:https://www.pacer.uscourts.gov/cmecf/dcbk.html] . Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at[LINK:https://www.utd.uscourts.gov/cmecf-electronic-case-filing] . filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.(Young, R.) |
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Att: 1
Exhibit Application,
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Att: 2
Text of Proposed Order
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| 3 | 3
motion
Admission Pro Hac Vice (fee collected during entry)
Thu 07/18 10:42 AM
MOTION for Admission Pro Hac Vice of Anthony J. Ferate , Registration fee $ 50, receipt number AUTDC-5127907, Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at[LINK:https://www.pacer.uscourts.gov/cmecf/dcbk.html] . Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at[LINK:https://www.utd.uscourts.gov/cmecf-electronic-case-filing] . filed by Plaintiffs Marsha Gillespie, Michael Gillespie, Tanner Gillespie, Joshua Horlacher, Colby Jenkins, LaJuana Robinson, Camille Topham, Kelsie Topham, Richard Topham.(Young, R.) |
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Att: 1
Exhibit Application,
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Att: 2
Text of Proposed Order
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| 2 | 2
notice
Notice PHV Requirements
Thu 07/18 8:42 AM
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice e-mailed to attorney A.J. Ferate and Courtney Powell for Colby Jenkins. (kec) |
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utility
Add and Terminate Judges
Thu 07/18 8:35 AM
Judge David Nuffer added. Case number will now read 4:24-cv-00063-DN. Please make changes to document captions accordingly. (kec) |
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notice
Notice From the Court
Thu 07/18 12:42 PM
NOTICE FROM THE COURT re6 MOTION to Expedite Hearing on Motion for TRO and Preliminary Injunction ,7 MOTION for Leave to Appear By Video Conference ,5 MOTION for Temporary Restraining Order and Preliminary Injunction (Expedited Hearing Requested) . Plaintiffs seek the setting of an expedited hearing on their5 Motion filed today, July 18, 2024. According to the docket, service of the1 Complaint and5 Motion has not been completed on any of the named Defendants. When Plaintiffs' counsel has provided proof of service on all Defendants and provided the court with the contact information for each Defendant's counsel, the court will then set a hearing date and provide notice to all parties. (apm) |
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notice
Notice of Hearing
Thu 07/18 3:54 PM
NOTICE OF VIDEO HEARING : Status Conference set for 7/19/2024 at 12:00 PM in STGU- St George *virtual Court Via Zoom Conference* before Judge David Nuffer. (pjd) |
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| Wednesday, July 17, 2024 | ||
| 1 | 1
18
pgs
cmp
Complaint (Atty)
Wed 07/17 8:31 PM
COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against All Defendants (Filing fee $ 405, receipt number AUTDC-5127453) filed by Richard Topham, Michael Gillespie, Colby Jenkins, Camille Topham, Marsha Gillespie, LaJuana Robinson, Kelsie Topham, Tanner Gillespie, Joshua Horlacher. (Young, R.) |
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Att: 1
Civil Cover Sheet
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