Sims v. Young et al
| Utah District Court | |
| Judge: | David Barlow |
| Referred: | Jared C Bennett |
| Case #: | 1:23-cv-00053 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 08, 2023 |
| Terminated: | Jul 27, 2023 |
| Last checked: Saturday Nov 04, 2023 3:49 AM MDT |
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Defendant
Ogden City
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Represented By
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Defendant
Zachary Young
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Represented By
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Defendant
Erwin Manriquez
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Represented By
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Defendant
Jordan Nielsen
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Represented By
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Defendant
Pedro Olivas
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Represented By
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Plaintiff
Shawn Sims
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Represented By
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GPO
Nov 21 2023
MEMORANDUM DECISION & ORDER: granting 13 Motion for Attorney Fees. Mr. Sims is entitled to an award of attorney fees in the amount of $12,752.50 and costs in the amount of $496.35, for a total award of $13,248.85. Signed by Magistrate Judge Jared C. Bennett on 11/21/2023. (kpf) |
| 1. | Man beaten by Ogden police during arrest files federal lawsuit (ksl.com) |
| Submitted Tue 05/09/2023 | |
| Docket last updated: 3 hours ago |
| Monday, June 10, 2024 | ||
| 33 | 33
misc
Satisfaction of Judgment
Mon 06/10 12:25 PM
SATISFACTION OF JUDGMENT re12 Judgment, entered In favor of Shawn Sims Against Jordan Nielsen, In favor of Shawn Sims Against Erwin Manriquez, In favor of Shawn Sims Against Zachary Young, In favor of Shawn Sims Against Ogden City, In favor of Shawn Sims Against Pedro Olivas by Erwin Manriquez, Jordan Nielsen, Ogden City, Pedro Olivas, Zachary Young. (White, Heather) |
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| Friday, May 24, 2024 | ||
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1
pgs
order
Order on Motion for Miscellaneous Relief
Fri 05/24 11:16 AM
ORDER granting in part and denying in part 28 Motion for Review of Magistrate Judge's Order on Attorney Fees. The court affirms the magistrate's decision with two modifications. The magistrate judge awarded Mr. Sims $12,752.50 in attorney fees and $496.35 in costs. With the courts modifications, Mr. Sims is instead awarded a total of $15,025 in attorney fees and $496.35 in costs, for a total award of $15,521.35. Signed by Judge David Barlow on 05/24/2024. (kpf) |
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| Thursday, May 23, 2024 | ||
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minutes
Motion Hearing
Thu 05/23 12:53 PM
Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 5/23/2024 re28 Plaintiff's MOTION Review of Magistrate Judge's Order on Attorney Fees re27 Modification of Docket and Memorandum in Support filed by Shawn Sims. Counsel was present. Discussion and argument heard on the plaintiffs objections to the magistrate judges ruling on their attorneys fees request. For the reasons stated on the record, the court affirmed the magistrate's decision with two modifications. The court will issue an order with the award of attorney fees. Attorney for Plaintiff: Robert B. Sykes, Attorney for Defendant: Heather S. White. Court Reporter: Ed Young.(tcs) |
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| Monday, May 20, 2024 | ||
| 30 | 30
notice
Notice of Supplemental Authority
Mon 05/20 4:41 PM
NOTICE of SUPPLEMENTAL AUTHORITY by Shawn Sims re23 Reply Memorandum/Reply to Response to Motion, (Sykes, Robert) |
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| Tuesday, May 07, 2024 | ||
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notice
Notice of Hearing on Motion
Tue 05/07 3:06 PM
NOTICE OF HEARING ON MOTION re:28 Plaintiff's MOTION Review of Magistrate Judge's Order on Attorney Fees: Motion Hearing set for 5/23/2024 at 11:00 AM in Rm 8.100 before Judge David Barlow. (tcs) |
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| Friday, December 01, 2023 | ||
| 28 | 28
motion
Miscellaneous Relief
Fri 12/01 6:27 PM
Plaintiff's MOTION Review of Magistrate Judge's Order on Attorney Fees re27 Modification of Docket and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) |
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Att: 1
Exhibit Exhibit 1 - Decision and Order,
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Att: 2
Exhibit Exhibit 2 - Complaint, Doc. 2.,
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Att: 3
Exhibit Exhibit 3 - Toth Bio
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| Wednesday, November 22, 2023 | ||
| 27 | 27
misc
Modification of Docket
Wed 11/22 7:48 AM
Modification of Docket: Error: Docket text had an error. Correction: GRANTED IN PART and DENIED IN PART. re26 Order on Motion for Attorney Fees,, Memorandum Decision. (jrj) |
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| Tuesday, November 21, 2023 | ||
| 26 | 26
19
pgs
order
Order on Motion for Attorney Fees Memorandum Decision
Tue 11/21 12:34 PM
MEMORANDUM DECISION & ORDER: granting 13 Motion for Attorney Fees. Mr. Sims is entitled to an award of attorney fees in the amount of $12,752.50 and costs in the amount of $496.35, for a total award of $13,248.85. Signed by Magistrate Judge Jared C. Bennett on 11/21/2023. (kpf) |
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| Thursday, October 12, 2023 | ||
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order
Order Referring Case to Magistrate Judge
Thu 10/12 1:49 PM
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. 13 Plaintiff's Motion for Attorney Fees referred to Jared C. Bennett. Signed by Judge David Barlow on 10/12/2023. (jal) |
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| Tuesday, October 10, 2023 | ||
| 24 | 24
1
pgs
order
Order of Recusal
Tue 10/10 4:08 PM
ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge David Barlow for all further proceedings. Signed by Judge Dale A. Kimball on 10/10/2023. (eat) |
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| Wednesday, September 27, 2023 | ||
| 23 | 23
respm
Reply Memorandum/Reply to Response to Motion
Wed 09/27 6:01 PM
Plaintiff's REPLY to Response to Motion re13 Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) |
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Att: 1
Exhibit Exhibit 1 - Sykes Second Declaration,
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Att: 2
Exhibit Exhibit 2 - Letters and E-mail,
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Att: 3
Exhibit Exhibit 3 - McConkie Declaration,
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Att: 4
Exhibit Exhibit 4 - Welch Declaration,
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Att: 5
Exhibit Exhibit 5 - Billing Records
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| Monday, September 25, 2023 | ||
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2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 09/25 9:41 AM
ORDER granting 21 Third Stipulated Motion for Extension of Time to File Reply to 13 Plaintiff's MOTION for Attorney Fees. Plaintiff is allowed until 9/29/2023, to submit his Reply to Defendants' Response to Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Dale A. Kimball on 9/25/2023. (eat) |
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| Friday, September 22, 2023 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply
Fri 09/22 4:58 PM
Plaintiff's MOTION for Extension of Time to File Response/Reply as to16 Response to Motion, and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) |
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Att: 1
Exhibit Exhibit 1 - Approval of Extension,
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Att: 2
Text of Proposed Order Proposed Order
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| Friday, September 15, 2023 | ||
| 20 | 20
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 09/15 9:08 AM
ORDER granting 19 Second Stipulated Motion for Extension of Time to File Reply to 13 Plaintiff's MOTION for Attorney Fees. Plaintiff is allowed until 9/22/2023, to submit his Reply to Defendants' Response to Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Dale A. Kimball on 9/15/2023. (eat) |
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| Thursday, September 14, 2023 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Thu 09/14 10:44 PM
Plaintiff's MOTION for Extension of Time to File Response/Reply as to16 Response to Motion, and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) |
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, September 06, 2023 | ||
| 18 | 18
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 09/06 2:51 PM
ORDER granting 17 Stipulated Motion for Extension of Time to File Reply to 13 Plaintiff's MOTION for Attorney Fees. Plaintiffs are allowed until 9/15/2023, to submit their Reply to Defendants' Response to Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Dale A. Kimball on 9/6/2023. (eat) |
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| 17 | 17
motion
Extension of Time to File Response/Reply
Wed 09/06 2:29 PM
Stipulated MOTION for Extension of Time to Reply to Defendants' Response to Plaintiff's Motion for Attorney Fees and Costs and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) Modified by changing event type to motion for extension of time to file response/reply on 9/6/2023 (eat) |
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Att: 1
Text of Proposed Order
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| Wednesday, August 23, 2023 | ||
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respm
Response to Motion
Wed 08/23 1:04 PM
RESPONSE to Motion re13 Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Defendants Erwin Manriquez, Jordan Nielsen, Ogden City, Pedro Olivas, Zachary Young.(Cepernich, Danica) |
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Att: 1
Exhibit 1. Notice of Claim,
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Att: 2
Exhibit 2. Sims Fees,
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Att: 3
Exhibit 3. Letter to Heather White,
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Att: 4
Exhibit 4. Letter to Heather White,
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Att: 5
Exhibit 5. Toth Declaration,
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Att: 6
Exhibit 6. White Declaration
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| 15 | 15
3
pgs
order
Order on Motion for Leave to File Excess Pages
Wed 08/23 1:02 PM
ORDER granting Defendants' 14 Motion for Leave to File Overlength Response to Motion for Fees and Costs. Signed by Judge Dale A. Kimball on 8/23/2023. (eat) |
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| 14 | 14
motion
File Excess Pages
Wed 08/23 12:48 PM
MOTION for Leave to File Excess Pages Response to Motion for Fees and Costs filed by Defendants Erwin Manriquez, Jordan Nielsen, Ogden City, Pedro Olivas, Zachary Young.(Cepernich, Danica) |
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Att: 1
Text of Proposed Order
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| Wednesday, August 09, 2023 | ||
| 13 | 13
motion
Attorney Fees
Wed 08/09 8:57 PM
Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff Shawn Sims.(Sykes, Robert) |
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Att: 1
Exhibit Facts from Amended Complaint,
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Att: 2
Exhibit Schedule of Fees, Expenses and Costs,
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Att: 3
Exhibit Declaration of R.B. Sykes
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| Thursday, July 27, 2023 | ||
| 12 | 12
order
Judgment
Thu 07/27 11:02 AM
JUDGMENT IS HEREBY GRANTED to Plaintiff against Defendants in the amount of Fifteen Thousand Dollars ($15,000.00). Reasonable costs and attorney fees are also awarded, but the amount will be determined by the Court at a later time. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Dale A. Kimball on 7/27/2023. (eat) |
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| Wednesday, July 26, 2023 | ||
| 11 | 11
misc
Errata
Wed 07/26 5:38 PM
ERRATA to10 Notice of Acceptance with Offer of Judgment filed by Plaintiff Shawn Sims - Corrected Proposed Judgment .(Sykes, Robert) |
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Att: 1
Text of Proposed Order Corrected Judgment
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notice
Notice of Acceptance with Offer of Judgment
Wed 07/26 4:07 PM
NOTICE of Acceptance with Offer of Judgment by Shawn Sims (Sykes, Robert) |
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Att: 1
Exhibit 1 - Defendants' Offer of Judgment,
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Att: 2
Text of Proposed Order Judgment
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| Wednesday, July 12, 2023 | ||
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service
Acknowledgment of Service (not for executed summons)
Wed 07/12 3:30 PM
ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Ogden City, Erwin Manriquez, Pedro Olivas, Jordan Nielsen, Zachary Young. All Defendants. (White, Heather) |
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| 8 | 8
notice
Notice of Appearance
Wed 07/12 3:27 PM
NOTICE of Appearance by Heather S. White on behalf of Erwin Manriquez, Jordan Nielsen, Ogden City, Pedro Olivas, Zachary Young (White, Heather) |
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| 7 | 7
notice
Notice of Appearance
Wed 07/12 3:10 PM
NOTICE of Appearance by Danica N. Cepernich on behalf of Erwin Manriquez, Jordan Nielsen, Ogden City, Pedro Olivas, Zachary Young (Cepernich, Danica) |
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| Tuesday, July 11, 2023 | ||
| 6 | 6
cmp
Amended Complaint
Tue 07/11 9:36 AM
AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: Erwin Manriquez, Jordan Nielsen, Pedro Olivas. filed by Shawn Sims. (Sykes, Robert) |
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| Tuesday, May 09, 2023 | ||
| 5 | 5
5
pgs
order
Order to Propose Schedule
Tue 05/09 11:47 AM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 5/9/2023. (eat) |
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order
Order Referring Case to Magistrate Judge
Tue 05/09 10:43 AM
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett 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 5/9/2023. (eat) |
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| Monday, May 08, 2023 | ||
| 3 | 3
notice
Notice of Availability of Magistrate Judge Jurisdiction
Mon 05/08 10:32 AM
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Shawn Sims. (Notice generated by Court) Form due by 5/30/2023. (ks) |
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28
pgs
cmp
Complaint (Atty)
Mon 05/08 10:14 AM
COMPLAINT & JURY DEMAND against All Defendants (Filing fee $ 402, receipt number AUTDC-4670945) filed by Shawn Sims. (Sykes, Robert) |
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Att: 1
Civil Cover Sheet to Complaint & Jury Demand
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| 1 | 1
misc
Remark - New Case
Mon 05/08 10:03 AM
Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Shawn Sims 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. (ks) |
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