Griner v. Biden et al
Utah District Court | |
Judge: | Dale A Kimball |
Referred: | Dustin B Pead |
Case #: | 2:22-cv-00149 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 05:0702 Administrative Procedure Act |
Case Filed: | Mar 04, 2022 |
Terminated: | Oct 13, 2022 |
Last checked: Wednesday Aug 31, 2022 2:37 AM MDT |
Defendant
Xavier Becerra
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Represented By
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Defendant
Joseph R. Biden, Jr.
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Represented By
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Defendant
Chiquita Brooks-Lasure
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Represented By
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Defendant
Centers for Medicare and Medicaid Services
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Represented By
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Defendant
Meena Seshamani
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Represented By
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Defendant
Daniel Tsai
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Represented By
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Defendant
USA
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Represented By
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Defendant
United States Department of Health and Human Services
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Represented By
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Plaintiff
Devan Griner
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Represented By
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Docket last updated: 3 hours ago |
Thursday, October 13, 2022 | ||
45 | 45
![]() JUDGMENT - Based on this court's October 13, 2022, 44 Memorandum Decision and Order granting Defendants' Motion to Dismiss and Denying as Moot Plaintiff's Motion for Preliminary Injunction, judgment is hereby entered in favor of Defendants and against Plaintiff. This action is closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Dale A. Kimball on 10/13/2022. (eat) |
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44 | 44
![]() MEMORANDUM DECISION AND ORDER GRANTING Defendants' 19 Motion to Dismiss and therefore DISMISSING Plaintiff's Complaint with prejudice. Because the Complaint is dismissed with prejudice, Plaintiff's 17 Motion for Preliminary Injunction is necessarily DENIED AS MOOT. Signed by Judge Dale A. Kimball on 10/13/2022. (eat) |
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Monday, October 03, 2022 | ||
43 | 43
![]() NOTICE of Appearance by Michael Drezner on behalf of Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services (Drezner, Michael) |
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Thursday, August 18, 2022 | ||
42 | 42
![]() RESPONSE to40 NOTICE of SUPPLEMENTAL AUTHORITY by Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services re40 Notice of Supplemental Authority Defendants' Response to Plaintiff's Notice of Supplemental Authority (McElvain, Joel) Modified by correcting docket text on 8/18/2022 (eat) |
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Wednesday, August 17, 2022 | ||
41 | 41
![]() ORDER granting Plaintiff's Motions to Supplement the Record (Docket Numbers 28 and 34 ). The record related to Plaintiff's Motion for Preliminary Injunction is hereby supplemented with Plaintiff's proposed Exhibits "D," "E," and "F," as labeled in the respective motions. Signed by Judge Dale A. Kimball on 8/17/2022. (eat) |
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Tuesday, August 16, 2022 | ||
40 | 40
![]() NOTICE of SUPPLEMENTAL AUTHORITY by Devan Griner (Gross, Jefferson) |
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Thursday, August 11, 2022 | ||
39 | 39
![]() REPLY to Response to Motion re34 Second MOTION Supplement the Record re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support ,17 MOTION for Preliminary Injunction filed by Plaintiff Devan Griner. (Gross, Jefferson) |
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Friday, July 29, 2022 | ||
37 | 37
![]() ORDER granting 35 Motion for Admission Pro Hac Vice of Attorney Allen J. Shoff for Devan Griner. 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. 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. Signed by Judge Dale A. Kimball on 07/28/2022. (kpf) |
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36 | 36
![]() RESPONSE to Motion re34 Second MOTION Supplement the Record re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support ,17 MOTION for Preliminary Injunction filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (McElvain, Joel) |
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utility
Motions No Longer Referred
Fri 07/29 1:44 PM
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Thursday, July 28, 2022 | ||
35 | 35
![]() MOTION for Admission Pro Hac Vice of Allen J. Shoff , Registration fee $ 250, receipt number AUTDC-4402387, 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 Plaintiff Devan Griner.(Gross, Jefferson) |
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34 | 34
![]() Second MOTION Supplement the Record re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support ,17 MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiff Devan Griner. Motions referred to Dustin B. Pead.(Gross, Jefferson) |
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Friday, July 22, 2022 | ||
32 | 32
![]() **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Motion for Preliminary Injunction and Motion to Dismiss held on July 6, 2022, before Judge Dale A. Kimball. Court Reporter/Transcriber: Rebecca Janke, CSR, RMR, Telephone number (801)521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 8/12/2022. Redacted Transcript Deadline set for 9/2/2022. Release of Transcript Restriction set for 10/20/2022. (eat) |
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Wednesday, July 20, 2022 | ||
31 | 31
![]() Plaintiff's REPLY to Response to Motion re28 Plaintiff's MOTION to Supplement the Record in Support of Motion for Preliminary Injunction and in Opposition to Motion to Dismiss and Memorandum in Support re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Devan Griner. (Gross, Jefferson) |
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Tuesday, July 19, 2022 | ||
utility
Motions No Longer Referred
Tue 07/19 9:21 AM
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Monday, July 18, 2022 | ||
29 | 29
![]() RESPONSE to Motion re28 Plaintiff's MOTION to Supplement the Record in Support of Motion for Preliminary Injunction and in Opposition to Motion to Dismiss and Memorandum in Support re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (McElvain, Joel) |
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Wednesday, July 13, 2022 | ||
28 | 28
![]() Plaintiff's MOTION to Supplement the Record in Support of Motion for Preliminary Injunction and in Opposition to Motion to Dismiss and Memorandum in Support re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support ,17 MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiff Devan Griner. Motions referred to Dustin B. Pead.(Gross, Jefferson) |
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27 | 27
![]() Plaintiff's RESPONSE re26 Notice of Supplemental Authority,, filed by Devan Griner. (Gross, Jefferson) |
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Thursday, July 07, 2022 | ||
26 | 26
![]() NOTICE of SUPPLEMENTAL AUTHORITY by Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (McElvain, Joel) |
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Wednesday, July 06, 2022 | ||
minutes
Motion Hearing
Wed 07/06 11:17 AM
Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 7/6/2022 re Plaintiff's17 MOTION for Preliminary Injunction and Defendants'19 MOTION to Dismiss. All parties appear via Zoom. After hearing statements and arguments from counsel, the court takes the Motions under advisement and will issue a ruling in due course. Attorney for Plaintiff: George Wentz. Attorney for Defendant: Joel McElvain. Court Reporter: Rebecca Janke. (eat) |
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Thursday, June 02, 2022 | ||
24 | 24
![]() REPLY to Response to Motion re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (McElvain, Joel) |
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notice
Notice of Hearing on Motion
Thu 06/02 9:57 AM
NOTICE OF ZOOM HEARING ON MOTIONS re Plaintiff's17 MOTION for Preliminary Injunction, and Defendants'19 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Notice generated by DAK Chambers): Motion Hearing is set for 7/6/2022 at 10:00 AM MDT before Judge Dale A. Kimball. The Zoom participation information is as follows: Join ZoomGov Meeting: https://www.zoomgov.com/j/16133447407?pwd=RWtlVFM2c2tmWXZKYUp5NVhTbkZ5UT09 Meeting ID: 161 3344 7407 Password: 584299 One tap mobile +16692545252,,16133447407#,,,,*584299# US (San Jose) +16692161590,,16133447407#,,,,*584299# US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 3344 7407 Password: 584299 Find your local number: https://www.zoomgov.com/u/acx9bO8sSS (eat) |
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Thursday, May 19, 2022 | ||
22 | 22
![]() MEMORANDUM in Opposition re19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Devan Griner.(Gross, Jefferson) |
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Thursday, May 05, 2022 | ||
21 | 21
![]() REPLY to Response to Motion re17 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Devan Griner.(Gross, Jefferson) |
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Thursday, April 21, 2022 | ||
20 | 20
![]() MEMORANDUM in Opposition re17 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (McElvain, Joel) |
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19 | 19
![]() MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. Attorney Joel L McElvain added to party Xavier Becerra(pty:dft), Attorney Joel L McElvain added to party Joseph R. Biden, Jr(pty:dft), Attorney Joel L McElvain added to party Chiquita Brooks-Lasure(pty:dft), Attorney Joel L McElvain added to party Centers for Medicare and Medicaid Services(pty:dft), Attorney Joel L McElvain added to party Meena Seshamani(pty:dft), Attorney Joel L McElvain added to party Daniel Tsai(pty:dft), Attorney Joel L McElvain added to party USA(pty:dft), Attorney Joel L McElvain added to party United States Department of Health and Human Services(pty:dft)(McElvain, Joel) |
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Monday, April 04, 2022 | ||
18 | 18
![]() ORDER RE: PROCEDURES FOR EMERGENCY MOTION re Plaintiff's 17 MOTION for Preliminary Injunction filed by Devan Griner. Signed by Judge Dale A. Kimball on 4/4/2022. (eat) |
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Friday, April 01, 2022 | ||
17 | 17
![]() MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Devan Griner.(Gross, Jefferson) |
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Friday, March 25, 2022 | ||
16 | 16
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to USA. 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. (mh) |
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15 | 15
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to the Attorney General of the United States. 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. (mh) |
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14 | 14
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Daniel Tsai. 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. (mh) |
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13 | 13
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Meena Seshamani. 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. (mh) |
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12 | 12
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Joseph R. Biden, Jr. 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. (mh) |
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11 | 11
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to United States Department of Health and Human Services. 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. (mh) |
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10 | 10
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Chiquita Brooks-Lasure. 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. (mh) |
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9 | 9
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Centers for Medicare and Medicaid Services. 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. (mh) |
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8 | 8
![]() **RESTRICTED DOCUMENT** Summons Issued Electronically as to Xavier Becerra. 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. (mh) |
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Monday, March 14, 2022 | ||
7 | 7
![]() ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney George R. Wentz, Jr. for Devan Griner. 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. Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 3/14/2022. (eat) |
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6 | 6
![]() MOTION for Admission Pro Hac Vice of George R. Wentz, Jr. , Registration fee $ 250, receipt number AUTDC-4275115, 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 Plaintiff Devan Griner.(Gross, Jefferson) |
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Wednesday, March 09, 2022 | ||
5 | 5
![]() ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a schedule to Defendant(s) 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 3/9/2022. (eat) |
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Monday, March 07, 2022 | ||
order
Order Referring Case to Magistrate Judge
Mon 03/07 11:24 AM
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 3/7/2022. (eat) |
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Friday, March 04, 2022 | ||
3 | 3 Modification of Docket: Error: Plaintiff filed against themself. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected re2 Complaint. (mh) | |
2 | 2
![]() COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DECLARATORY AND INJUNCTIVE RELIEFS against All Plaintiffs Defendants (Filing fee $ 402, receipt number AUTDC-4266716) filed by Devan Griner. Assigned to Judge Dale A. Kimball (Gross, Jefferson) Modified on 3/4/2022 to correct the parties the complaint is filed against (mh) |
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1 | 1
![]() Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Devan Griner is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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. Civil Summons may be issued electronically. Prepare the summons using the courts[LINK:PDF version] and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) |
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misc
Modification of Docket
Fri 03/04 2:14 PM
Modification of Docket: Error: Plaintiff filed against themself. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected re2 Complaint. (mh) |