Epilepsy Association of Utah et al v. Herbert et al
| Utah District Court | |
| Judge: | Dustin B Pead |
| Case #: | 2:19-cv-00360 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1441 Notice of Removal- Declaratory Judgment |
| Case Filed: | May 23, 2019 |
| Terminated: | Oct 25, 2019 |
| Last checked: Tuesday Nov 19, 2019 1:56 AM MST |
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Defendant
Gary R. Herbert
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Represented By
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Defendant
Joseph K. Miner
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Represented By
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Plaintiff
Epilepsy Association of Utah
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Represented By
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Plaintiff
Nathan Kizerian
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Represented By
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Plaintiff
Shalyce Kizerian
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Represented By
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Plaintiff
Douglas Arthur Rice
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Represented By
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Plaintiff
Christine Stenquist
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Represented By
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Plaintiff
Andrew Talbott
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Represented By
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Plaintiff
Truce
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Represented By
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GPO
Oct 17 2019
MEMORANDUM DECISION and Order granting 15 Motion to Remand to State Court, denying Request for Attorney Fees; and denying 14 Motion to Dismiss. Signed by Magistrate Judge Dustin B. Pead on 10/17/2019. (nl) |
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GPO
Oct 25 2019
MEMORANDUM DECISION AND ORDER. Plaintiffs Motion for Reconsideration, or in the alternative, for Correction is DENIED. The Clerk of the Court is directed to close this case and this matter is remanded to state court as directed in the courts prior order (ECF No.29). Signed by Magistrate Judge Dustin B. Pead on 10/25/2019. (nl) |
| 1. | Lawsuit against Utah medical marijuana law moved to federal court (deseretnews.com) |
| Submitted Fri 05/24/2019 | |
| Docket last updated: 3 hours ago |
| Friday, June 26, 2020 | ||
| 39 | 39
appeal
USCA Mandate
Fri 06/26 5:56 PM
MANDATE of USCA as to 35 Notice of Appeal, filed by Douglas Arthur Rice, Shalyce Kizerian, Andrew Talbott, Epilepsy Association of Utah, Nathan Kizerian, Truce, Christine Stenquist. According to the USCA the appeal is dismissed.(jwt) |
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Att: 1
Mandate Cover Letter
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| Wednesday, December 11, 2019 | ||
| 38 | 38
appeal
Appeal Record Complete Notice
Thu 12/12 9:04 AM
Please be advised the Record is complete for purposes of appeal for USCA case number 19-04162 re35 Notice of Appeal. (nl) |
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| Thursday, November 21, 2019 | ||
| 37 | 37
appeal
USCA Case Number
Thu 11/21 11:07 AM
USCA Case Number Case Appealed to Tenth Case Number 19-4162 for35 Notice of Appeal, filed by Douglas Arthur Rice, Shalyce Kizerian, Andrew Talbott, Epilepsy Association of Utah, Nathan Kizerian, Truce, Christine Stenquist. (jmr) |
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| Monday, November 18, 2019 | ||
| 36 | 36
appeal
Transmission of Preliminary Record to USCA
Mon 11/18 2:12 PM
Transmission of Preliminary Record to USCA re35 Notice of Appeal.(las) |
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Att: 1
Appendix
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| 35 | 35
appeal
Notice of Appeal
Mon 11/18 9:52 AM
NOTICE OF APPEAL as to29 Order on Motion to Dismiss, Order on Motion to Remand to State Court, Memorandum Decision,34 Order on Motion to Amend/Correct,, Order on Motion for Miscellaneous Relief,, Memorandum Decision,,, filed by Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3421866. (Anderson, Ross) |
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| Friday, October 25, 2019 | ||
| 34 | 34
3
pgs
order
Order on Motion to Amend/Correct Order on Motion for Miscellaneous Relief Memorandum Decision
Fri 10/25 3:32 PM
MEMORANDUM DECISION AND ORDER. Plaintiffs Motion for Reconsideration, or in the alternative, for Correction is DENIED. The Clerk of the Court is directed to close this case and this matter is remanded to state court as directed in the courts prior order (ECF No. 29 ). Signed by Magistrate Judge Dustin B. Pead on 10/25/2019. (nl) |
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utility
Terminate Civil Case
Fri 10/25 3:34 PM
Civil Case Terminated per order34 . (nl) |
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| Thursday, October 24, 2019 | ||
| 33 | 33
respm
Reply Memorandum/Reply to Response to Motion
Thu 10/24 6:57 PM
Plaintiff's REPLY to Response to Motion re30 MOTIONPlaintiff's MOTION to Amend/Correct29 Order on Motion to Dismiss, Order on Motion to Remand to State Court, Memorandum Decision and Memorandum in Support filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (Mason, Walter) |
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| 32 | 32
11
pgs
respm
Memorandum in Opposition to Motion
Thu 10/24 4:27 PM
Defendant's MEMORANDUM in Opposition re30 MOTIONPlaintiff's MOTION to Amend/Correct29 Order on Motion to Dismiss, Order on Motion to Remand to State Court, Memorandum Decision and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Dymek, Andrew) |
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| Monday, October 21, 2019 | ||
| 31 | 31
order
Order
Mon 10/21 11:25 AM
DOCKET TEXT ORDER regarding 30 Plaintiffs' Motion for Reconsideration. Defendants are to file any response to Plaintiffs' motion by the close of business on Thursday, October 24, 2019. Signed by Magistrate Judge Dustin B. Pead on 10/21/19. No attached document. (mjw) |
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| Saturday, October 19, 2019 | ||
| 30 | 30
motion
Amend/Correct
Sat 10/19 5:19 PM
Plaintiff's MOTION to Amend/Correct29 Order on Motion to Dismiss, Order on Motion to Remand to State Court, Memorandum Decision and Memorandum in Support filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (Anderson, Ross) |
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| Thursday, October 17, 2019 | ||
| 29 | 29
10
pgs
order
Order on Motion to Dismiss Order on Motion to Remand to State Court Memorandum Decision
Thu 10/17 2:23 PM
MEMORANDUM DECISION and Order granting 15 Motion to Remand to State Court, denying Request for Attorney Fees; and denying 14 Motion to Dismiss. Signed by Magistrate Judge Dustin B. Pead on 10/17/2019. (nl) |
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| Monday, October 07, 2019 | ||
| 28 | 28
respoth
Response (NOT to motion)
Mon 10/07 6:50 PM
Plaintiff's RESPONSE re27 Response to Motion,, (Defendants' Suggestion of Mootness) filed by Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce.(Mason, Walter) |
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Att: 1
Text of Proposed Order Granting Plaintiffs' Motion to Remand Case to State Court and for the Award of Attorney Fees and Denying Defendants' Suggestion of Mootness
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| Wednesday, September 25, 2019 | ||
| 27 | 27
respm
Response to Motion
Wed 09/25 3:10 PM
RESPONSE to Motion re15 Plaintiff's MOTION to Remand to State Court Third District and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner.(Dymek, Andrew) |
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Att: 1
Exhibit A: Senate Bill 1002
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| 26 | 26
notice
Notice of Deficiency
Wed 09/25 2:18 PM
NOTICE OF DEFICIENCY re24 Response (NOT to motion), and25 Errata. The document Suggestion of Mootness and Errata were filed under the incorrect events. The clerk requests the filer of the original document refile the pleadings as Response to Motion as to15 Motion for Remand. The Exhibit should be filed as an attachment to the Response. The new pleading will receive a new document number on the docket. (nl) |
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| 25 | 25
misc
Errata
Wed 09/25 10:00 AM
ENTERED IN ERROR ERRATA to 24 Response (NOT to motion) filed by Defendants Gary R. Herbert, Joseph K. Miner (Exhibit A) . (Dymek, Andrew) Modified on 9/25/2019 stricken, filed under incorrect event (nl) |
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| Tuesday, September 24, 2019 | ||
| 24 | 24
respoth
Response (NOT to motion)
Tue 09/24 3:47 PM
RESPONSE Suggestion of Mootness filed by Gary R. Herbert, Joseph K. Miner. (Dymek, Andrew) |
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| Wednesday, July 31, 2019 | ||
| 23 | 23
misc
Request to Submit for Decision
Wed 07/31 1:06 PM
REQUEST to Submit for Decision re21 Memorandum in Opposition to Motion,22 Reply Memorandum/Reply to Response to Motion,15 Plaintiff's MOTION to Remand to State Court Third District and Memorandum in Support filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (Anderson, Ross) |
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| Monday, July 15, 2019 | ||
| 22 | 22
respm
Reply Memorandum/Reply to Response to Motion
Mon 07/15 8:10 PM
Plaintiff's REPLY to Response to Motion re15 Plaintiff's MOTION to Remand to State Court Third District and Memorandum in Support filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (Anderson, Ross) |
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| Monday, July 08, 2019 | ||
| 21 | 21
29
pgs
respm
Memorandum in Opposition to Motion
Mon 07/08 7:31 PM
Defendant's MEMORANDUM in Opposition re15 Plaintiff's MOTION to Remand to State Court Third District and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Dymek, Andrew) |
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| 20 | 20
2
pgs
order
Order on Motion for Leave to File Excess Pages
Mon 07/08 12:39 PM
ORDER granting 18 Motion for Leave to File Excess Pages. Defendants shall file a memorandum in opposition consisting of no more than 25 pages. Signed by Magistrate Judge Dustin B. Pead on 7/8/2019. (nl) |
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| Saturday, July 06, 2019 | ||
| 19 | 19
2
pgs
respm
Memorandum in Opposition to Motion
Sat 07/06 2:54 PM
Plaintiff's MEMORANDUM in Opposition re18 Defendant's MOTION for Leave to File Excess Pages filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce.(Anderson, Ross) |
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Att: 1
Text of Proposed Order Denying Defendants' Motion for Leave to File Over-Length Memorandum in Opposition to Plaintiffs' Motion to Remand Case to State Court and for the Award of Attorney Fees
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| Friday, July 05, 2019 | ||
| 18 | 18
motion
File Excess Pages
Fri 07/05 5:01 PM
Defendant's MOTION for Leave to File Excess Pages filed by Defendants Gary R. Herbert, Joseph K. Miner.(Dymek, Andrew) |
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Att: 1
Text of Proposed Order Proposed Order Granting Defendants' Motion for Leave to file overlength memorandum in opposition to Plaintiff's Motion to Remand case to state court and for the award of attorney fees
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| 17 | 17
2
pgs
order
Order on Motion for Extension of Time
Fri 07/05 10:53 AM
ORDER granting 16 Stipulated Motion on Scheduling and Other Issues RE: Pending Motion to Dismiss 14 and Motion to Remand 15 . Signed by Magistrate Judge Dustin B. Pead on 7/5/2019. (nl) |
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| Wednesday, July 03, 2019 | ||
| 16 | 16
motion
Amended Scheduling Order
Wed 07/03 4:35 PM
Stipulated MOTION for Amended Scheduling Order Re: Pending Motion to Dismiss and Motion to Remand filed by Defendants Gary R. Herbert, Joseph K. Miner.(Dymek, Andrew) |
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Att: 1
Text of Proposed Order Proposed Order Granting Stipulated Motion on Scheduling and other issues Re: Pending Motion to Dismiss and Motion to Remand
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| Monday, June 24, 2019 | ||
| 15 | 15
motion
Remand to State Court
Mon 06/24 9:45 PM
Plaintiff's MOTION to Remand to State Court Third District and Memorandum in Support filed by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (Anderson, Ross) |
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| Monday, June 17, 2019 | ||
| 14 | 14
motion
Dismiss
Mon 06/17 5:14 PM
Defendant's MOTION to Dismiss Amended Complaint filed by Defendants Gary R. Herbert, Joseph K. Miner.(Dymek, Andrew) |
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Att: 1
Exhibit Exhibit A - Text of Proposition 2,
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Att: 2
Exhibit Exhibit B - H.B. 3001
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| Friday, June 14, 2019 | ||
| 13 | 13
2
pgs
order
Order on Motion for Leave to File Excess Pages
Fri 06/14 3:27 PM
ORDER granting 11 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Dustin B. Pead on 6/14/2019. (las) |
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| 12 | 12
order
Scheduling Order
Fri 06/14 3:07 PM
SCHEDULING ORDER: Amended Pleadings due by 10/1/2019. Joinder of Parties due by 11/1/2019. Discovery due by 3/10/2020. Motions due by 4/17/2020. Status/Scheduling Conference set for 4/24/2020 at 02:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 6/14/2019. (las) |
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| 11 | 11
motion
File Excess Pages
Fri 06/14 2:35 PM
Stipulated MOTION for Leave to File Excess Pages filed by Defendants Gary R. Herbert, Joseph K. Miner.(Dymek, Andrew) |
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Att: 1
Text of Proposed Order Proposed Order Granting Stipulated Motion for Leave to file Overlength motion to dismiss
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| Wednesday, June 12, 2019 | ||
| 10 | 10
misc
Attorney Planning Meeting
Wed 06/12 10:24 PM
REPORT OF ATTORNEY PLANNING MEETING. (Anderson, Ross) |
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| Thursday, May 30, 2019 | ||
| 9 | 9
misc
File Received
Thu 05/30 1:40 PM
File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents (las) |
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Att: 1
24 pgs
Complaint,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Acceptance of Service,
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Att: 5
Motion to Dismiss,
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Att: 6
Amended Complaint,
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Att: 7
Stipulation,
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Att: 8
Order,
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Att: 9
Notice of Removal
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| 8 | 8
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 05/30 9:33 AM
CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce, Defendants Gary R. Herbert, Joseph K. Miner. (las) |
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| 7 | 7
misc
Received Consent /Reassignment Form
Thu 05/30 9:30 AM
RECEIVED Consent/Reassignment Form from Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce. (las) |
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| Tuesday, May 28, 2019 | ||
| 6 | 6
3
pgs
order
Order to Propose Schedule
Wed 05/29 12:23 PM
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days after entry of this Order. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 5/28/2019. (las) |
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| Thursday, May 23, 2019 | ||
| 5 | 5
misc
Received Consent /Reassignment Form
Thu 05/23 4:17 PM
RECEIVED Consent/Reassignment Form from Defendants Gary R. Herbert, Joseph K. Miner. (las) |
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| 4 | 4
notice
Notice of Presiding Magistrate Assignment
Thu 05/23 11:11 AM
NOTICE - 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 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce, Defendants Gary R. Herbert, Joseph K. Miner. Form due by 6/7/2019. (nl) |
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| 3 | 3
notice
Notice of ADR
Thu 05/23 11:11 AM
NOTICE OF ADR, e-mailed or mailed to Plaintiffs Epilepsy Association of Utah, Nathan Kizerian, Shalyce Kizerian, Douglas Arthur Rice, Christine Stenquist, Andrew Talbott, Truce, Defendants Gary R. Herbert, Joseph K. Miner. (nl) |
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| 2 | 2
notice
Notice of Removal (Atty)
Thu 05/23 11:00 AM
NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 180909139, (Filing fee $ 400, receipt number 1088-3282639) filed by Gary R. Herbert, Joseph K. Miner. Assigned to Magistrate Judge Dustin B. Pead (Dymek, Andrew) |
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Att: 1
Exhibit Exhibit A - Initial Complaint,
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Att: 2
Exhibit Exhibit B - Summons,
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Att: 3
Exhibit Exhibit C - Acceptance of Service,
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Att: 4
Exhibit Exhibit D - Motion to Dismiss,
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Att: 5
Exhibit Exhibit E - Amended Complaint,
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Att: 6
Exhibit Exhibit F - Stipulated Motion to Withdrawal,
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Att: 7
Exhibit Exhibit G - Proposed Stipulated Order,
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Att: 8
Exhibit Exhibit H - Order Authorizing Additional Time,
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Att: 9
Exhibit Exhibit I - Certificate of Service,
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Att: 10
Civil Cover Sheet Civil Coversheet
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| 1 | 1
misc
Remark - New Case
Thu 05/23 10:36 AM
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendants Gary R. Herbert, Joseph K. Miner is directed to E-File the Notice of Removal 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. (nl) |
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