1
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Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 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. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 03/25/2013)
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March 25, 2013
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March 25, 2013
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2
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COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1799700), filed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity. Assigned to Judge Robert J. Shelby (Magleby, James) (Entered: 03/25/2013)
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March 25, 2013
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March 25, 2013
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3
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert. 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. (rls) (Entered: 03/27/2013)
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March 27, 2013
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March 27, 2013
PACER
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4
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to John Swallow. 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. (rls) (Entered: 03/27/2013)
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March 27, 2013
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March 27, 2013
PACER
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5
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Sherrie Swensen. 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. (rls) (Entered: 03/27/2013)
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March 27, 2013
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March 27, 2013
PACER
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6
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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert. 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. (rls) (Entered: 03/28/2013)
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March 28, 2013
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March 28, 2013
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to Gary R. Herbert served on 3/28/2013, answer due 4/18/2013. (Magleby, James) (Entered: 03/29/2013)
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March 29, 2013
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March 29, 2013
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to John Swallow served on 3/27/2013, answer due 4/17/2013. (Magleby, James) (Entered: 03/29/2013)
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March 29, 2013
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March 29, 2013
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9
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**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to Sherrie Swensen served on 3/27/2013, answer due 4/17/2013. (Magleby, James) (Entered: 03/29/2013)
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March 29, 2013
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March 29, 2013
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10
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NOTICE of Appearance by Philip S. Lott on behalf of Gary R. Herbert, John Swallow (Lott, Philip) (Entered: 04/23/2013)
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April 23, 2013
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April 23, 2013
PACER
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11
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NOTICE of Appearance by Stanford Edward Purser on behalf of Gary R. Herbert, John Swallow (Purser, Stanford) (Entered: 05/07/2013)
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May 7, 2013
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May 7, 2013
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12
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NOTICE of Appearance by Darcy M. Goddard on behalf of Sherrie Swensen (Goddard, Darcy) (Entered: 05/28/2013)
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May 28, 2013
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May 28, 2013
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13
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NOTICE of Appearance by Ralph E. Chamness on behalf of Sherrie Swensen (Chamness, Ralph) (Entered: 05/29/2013)
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May 29, 2013
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May 29, 2013
PACER
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14
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Joint MOTION to Stay and Memorandum in Support to Stay Action filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 05/29/2013)
1 Text of Proposed Order
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May 29, 2013
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May 29, 2013
PACER
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15
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ORDER granting 14 Motion to Stay. Signed by Judge Robert J. Shelby on 05/31/2013. (tls) (Entered: 05/31/2013)
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May 31, 2013
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May 31, 2013
PACER
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16
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Utah State Defendants' ANSWER to Complaint filed by Gary R. Herbert, John Swallow.(Lott, Philip) (Entered: 08/12/2013)
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Aug. 12, 2013
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Aug. 12, 2013
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17
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Defendant Sherrie Swensen's ANSWER to Complaint filed by Sherrie Swensen.(Goddard, Darcy) (Entered: 08/12/2013)
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Aug. 12, 2013
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Aug. 12, 2013
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18
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NOTICE OF ADR, e-mailed or mailed to Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood, Defendants Gary R. Herbert, John Swallow, Sherrie Swensen. (tls) (Entered: 08/14/2013)
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Aug. 14, 2013
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Aug. 14, 2013
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19
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NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (tls) (Entered: 08/14/2013)
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Aug. 14, 2013
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Aug. 14, 2013
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20
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NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 10/9/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 08/15/2013)
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Aug. 15, 2013
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Aug. 15, 2013
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21
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NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 8/27/2013 at 1:30 PM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 08/21/2013)
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Aug. 21, 2013
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Aug. 21, 2013
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22
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NOTICE OF FILING filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 08/23/2013)
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Aug. 23, 2013
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Aug. 23, 2013
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23
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RESPONSE re 22 Notice of Filing,Scheduling Issues filed by Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 08/26/2013)
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Aug. 26, 2013
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Aug. 26, 2013
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27
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Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 8/27/2013. The court hears from cnsl and sets the following dates/deadlines: 1. This case will first proceed with motions for summary judgment. 2. The court has provided Plaintiffs with the option of two briefing schedules, depending on whether Plaintiffs elect to file a motion for summary judgment. 3. Plaintiffs have elected to file a motion for summary judgment. 4. Therefore, motions for summary judgment, to be filed by any party, are due on or before October 11, 2013. 5. Any responses to motions for summary judgment, to be filed by any party, are due on or before November 22, 2013. 6. A hearing on all motions for summary judgment is set for December 4, 2013, at 10:00 a.m., in Room 220, before the Honorable Robert J. Shelby. 7. To the extent that the courts rulings on the motions for summary judgment are not dispositive, a status and scheduling conference is also set for January 7, 2014, at 10:00 a.m., in Room 220, before the Honorable Robert J. Shelby. ( Motion Hearing set for 12/4/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby.). Mr. Magleby will prepare and submit an order. Attorney for Plaintiff: James Magleby, Jennifer Parrish, Peggy Tomsic; Attorney for Defendant: Philip Lott, Stanford Purser - rep State dfts; Darcy Goddard, Ralph Chamness - rep Sherrie Swensen. Court Reporter: Ray Fenlon. (mjm) (Entered: 09/10/2013)
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Aug. 27, 2013
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Aug. 27, 2013
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24
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ORDER. Summary Judgment Motions due by 10/11/2013. Responses to Motions for Summary Judgment due by 11/22/2013. Motion for Summary Judgment Hearing set for 12/4/2013 10:00 AM in Room 220. Status Report and Scheduling Conference set for 1/7/2014 10:00 AM in Room 220 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 09/04/2013. (tls) (Entered: 09/04/2013)
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Sept. 4, 2013
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Sept. 4, 2013
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on AUGUST 27, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. 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. 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 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (asp) Modified on 12/4/2013 by removing restricted text(las). (Entered: 09/05/2013)
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Sept. 5, 2013
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Sept. 5, 2013
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28
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Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Plaintiffs' Motion for Summary Judgment filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Text of Proposed Order)(Parrish, Jennifer) (Entered: 10/04/2013)
1 Text of Proposed Order
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Oct. 4, 2013
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Oct. 4, 2013
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29
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ORDER granting 28 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 10/07/2013. (asp) (Entered: 10/08/2013)
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Oct. 8, 2013
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Oct. 8, 2013
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30
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Defendant's MOTION for Leave to File Overlength Motion for Summary Judgment (Unopposed) filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 10/08/2013)
1 Text of Proposed Order
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Oct. 8, 2013
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Oct. 8, 2013
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31
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ORDER granting 30 State Defendants' Motion for Leave to File Overlength Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 10/08/2013. (tls) (Entered: 10/08/2013)
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Oct. 8, 2013
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Oct. 8, 2013
PACER
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32
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Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Appendix, # 2 Exhibit 1 Declaration of J.F. Parrish, # 3 Exhibit 2 Declaration of D. Kitchen, # 4 Exhibit 3 Declaration of M. Sbeity, # 5 Exhibit 4 Declaration of K. Archer, # 6 Exhibit 5 Declaration of K. Call, # 7 Exhibit 6 Declaration of L. Wood, # 8 Exhibit 7 Declaration of K. Partridge)(Tomsic, Peggy) (Entered: 10/11/2013)
1 Appendix
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2 Exhibit 1 Declaration of J.F. Parrish
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3 Exhibit 2 Declaration of D. Kitchen
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4 Exhibit 3 Declaration of M. Sbeity
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5 Exhibit 4 Declaration of K. Archer
View on PACER
6 Exhibit 5 Declaration of K. Call
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7 Exhibit 6 Declaration of L. Wood
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8 Exhibit 7 Declaration of K. Partridge
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Oct. 11, 2013
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Oct. 11, 2013
RECAP
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33
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Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
RECAP
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34
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 1-17. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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35
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 18-21a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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36
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 21b-27a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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37
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 27b-28a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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38
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 28b-33a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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39
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 33b-35a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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40
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 35b-38a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 38a-39. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 40-45a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 45b-48. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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44
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 49-52a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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45
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 52b-59a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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46
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 59b-61a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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47
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 61b-65a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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48
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 65b-67a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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49
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 67b. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 68a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 68b-70. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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52
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 71a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 71b-72. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 73a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 73b-74a. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74b. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74c. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74d. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74e. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74f. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74g. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74h. (Lott, Philip) (Entered: 10/11/2013)
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Oct. 11, 2013
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Oct. 11, 2013
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63
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ERRATA to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Appendix Tab 75. (Lott, Philip) (Entered: 10/15/2013)
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Oct. 15, 2013
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Oct. 15, 2013
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64
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MOTION for Admission Pro Hac Vice of Joshua Block, Registration fee $ 15, receipt number 1088-1928890, filed by Movants ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, Application, # 2 Exhibit B, ECF Registration, # 3 Text of Proposed Order)(Mejia, John) (Entered: 10/17/2013)
1 Exhibit A, Application
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2 Exhibit B, ECF Registration
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3 Text of Proposed Order
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Oct. 17, 2013
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Oct. 17, 2013
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65
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MOTION to File Amicus Brief by ACLU and ACLU of Utah filed by Movants ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, Memorandum of Law)(Mejia, John) (Entered: 10/17/2013)
1 Exhibit A, Memorandum of Law
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Oct. 17, 2013
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Oct. 17, 2013
PACER
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66
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ORDER granting 64 Motion for Admission Pro Hac Vice of Joshua A. Block for ACLU of Utah Foundation, Inc. Joshua A. Block for American Civil Liberties Union Foundation. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 10/17/2013. (tls) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
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67
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NOTICE OF HEARING ON MOTION re: 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support, 33 Defendant's MOTION for Summary Judgment and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/4/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 10/18/2013)
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Oct. 18, 2013
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Oct. 18, 2013
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68
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ORDER granting 65 Motion to File Amicus Brief. Signed by Judge Robert J. Shelby on 10/18/2013. (tls) (Entered: 10/18/2013)
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Oct. 18, 2013
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Oct. 18, 2013
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69
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NOTICE of Appearance by Frank D. Mylar on behalf of Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle (Mylar, Frank) (Entered: 10/21/2013)
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Oct. 21, 2013
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Oct. 21, 2013
PACER
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70
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Plaintiff's MOTION Regarding Amici Curiae filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 10/21/2013)
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Oct. 21, 2013
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Oct. 21, 2013
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71
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MOTION for Admission Pro Hac Vice of Byron J. Babione, Registration fee $ 15, receipt number 1088-1931080, filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Mylar, Frank) (Entered: 10/21/2013)
1 Exhibit Application for Admission Pro Hac Vice
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2 Text of Proposed Order
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Oct. 21, 2013
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Oct. 21, 2013
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72
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ERROR: NOT A MOTION - MOTION for Leave to File Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce J. Christensen and Joseph P. Price in Support of Defendants filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Brief of Amici Curiae Professors)(Mylar, Frank) Modified on 10/22/2013: added error text (alt) (Entered: 10/21/2013)
1 Text of Proposed Order
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2 Exhibit [Proposed] Brief of Amici Curiae Professors
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Oct. 21, 2013
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Oct. 21, 2013
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73
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MOTION for Leave to File BRIEF OF AMICI CURIAE PROFESSORS IN SUPPORT OF STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Brief of Amici Curiae Professors)(Mylar, Frank) Modified on 10/22/2013: corrected carry-forward text (alt) (Entered: 10/21/2013)
1 Text of Proposed Order
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2 Exhibit [Proposed] Brief of Amici Curiae Professors
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Oct. 21, 2013
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Oct. 21, 2013
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74
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ORDER granting 71 Motion for Admission Pro Hac Vice of Byron J. Babione for Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
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75
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NOTICE OF DEFICIENCY re 72 MOTION for Leave to File Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce J. Christensen and Joseph P. Price in Support of Defendants. The attached document is not a motion. The entry has been terminated. (alt) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
PACER
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76
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Amicus in Support of Plaintiffs' Motion for Summary Judgment BRIEF re 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Amicus Parties ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Mejia, John) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
PACER
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77
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ORDER granting 73 Motion for Leave to File Amici Curiae Brief. Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
PACER
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78
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ORDER denying 70 Motion to Disallow Third Parties to File Amicus Briefs. Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
RECAP
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79
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Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce Christensen and Joseph P. Price in Support of Defendants BRIEF re 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Amicus Parties Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Mylar, Frank) (Entered: 10/22/2013)
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Oct. 22, 2013
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Oct. 22, 2013
PACER
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80
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Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Text of Proposed Order)(Parrish, Jennifer) (Entered: 11/19/2013)
1 Text of Proposed Order
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Nov. 19, 2013
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Nov. 19, 2013
PACER
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81
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Defendant's MOTION for Leave to File Excess Pages Def. Unopposed Motion for Leave to File overlength Response to Pl. Motion for S.J. filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 11/20/2013)
1 Text of Proposed Order
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Nov. 20, 2013
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Nov. 20, 2013
PACER
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82
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ORDER granting 81 State Defendants' Unopposed Motion for Leave to File Overlength Response to Plaintiffs' Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 11/21/2013. (tls) (Entered: 11/21/2013)
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Nov. 21, 2013
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Nov. 21, 2013
PACER
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83
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ORDER granting 80 Plaintiffs' Unopposed Motion for Leave to File Overlength Plaintiffs' Opposition to Motion of the GOvernor and Attorney General for Summary Judgment. Signed by Judge Robert J. Shelby on 11/21/2013. (tls) (Entered: 11/21/2013)
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Nov. 21, 2013
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Nov. 21, 2013
PACER
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84
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RESPONSE to Motion re 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 11/22/2013)
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Nov. 22, 2013
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Nov. 22, 2013
RECAP
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85
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Plaintiff's MEMORANDUM in Opposition re 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Appendix Index, # 2 Exhibit 1 - Decl of MVL Badgett PhD, # 3 Exhibit 2 - Decl of G Chauncey PhD, # 4 Exhibit 3 - Decl of NF Cott PhD, # 5 Exhibit 4 - Decl of CJ Patterson PhD, # 6 Exhibit 5 - Decl of LA Peplau PhD, # 7 Exhibit 6 - Supp Decl of LA Peplau PhD, # 8 Exhibit 7 - Decl of GM Segura PhD, # 9 Exhibit 8 - Brief of US in Windsor, # 10 Exhibit 9 - Brief of BLAG in Windsor, # 11 Exhibit 10 -Amici Curiae Brief of APA et al. in Windsor, # 12 Exhibit 11 - Amicus Curiae Brief of ASA in Windsor, # 13 Exhibit 12 - Amici Curiae Brief of Con Law Scholars in Windsor, # 14 Exhibit 13 - Amici Curiae Brief of 15 States in Sevcik v Sandoval, # 15 Exhibit 14 - Feb 24, 2004 Transcript, Utah House of Representatives (Excerpts))(Tomsic, Peggy) (Entered: 11/22/2013)
1 Appendix Index
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2 Exhibit 1 - Decl of MVL Badgett PhD
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3 Exhibit 2 - Decl of G Chauncey PhD
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4 Exhibit 3 - Decl of NF Cott PhD
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5 Exhibit 4 - Decl of CJ Patterson PhD
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6 Exhibit 5 - Decl of LA Peplau PhD
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7 Exhibit 6 - Supp Decl of LA Peplau PhD
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8 Exhibit 7 - Decl of GM Segura PhD
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9 Exhibit 8 - Brief of US in Windsor
View on PACER
10 Exhibit 9 - Brief of BLAG in Windsor
View on PACER
11 Exhibit 10 -Amici Curiae Brief of APA et al. in Windsor
View on PACER
12 Exhibit 11 - Amicus Curiae Brief of ASA in Windsor
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13 Exhibit 12 - Amici Curiae Brief of Con Law Scholars in Windsor
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14 Exhibit 13 - Amici Curiae Brief of 15 States in Sevcik v Sandoval
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15 Exhibit 14 - Feb 24, 2004 Transcript, Utah House of Representatives (Excerpts)
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Nov. 22, 2013
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Nov. 22, 2013
RECAP
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86
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MOTION to File Amicus Brief by National Center for Lesbian Rights and Memorandum in Support filed by Movant National Center for Lesbian Rights. (Attachments: # 1 Exhibit Amicus Brief)(Kendell, Kathryn) (Entered: 12/02/2013)
1 Exhibit Amicus Brief
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Dec. 2, 2013
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Dec. 2, 2013
PACER
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87
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Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 12/2/2013. The Motion to File Amicus Brief 86 submitted by the National Center for Lesbian Rights is DENIED WITHOUT PREJUDICE to refile in the event that the lawsuit is not resolved on the pending Motions for Summary Judgment. The court finds that the amicus brief is untimely because it was filed too late to give the parties an adequate opportunity to respond given the current briefing schedule and imminent hearing., Motions terminated: 86 MOTION to File Amicus Brief by National Center for Lesbian Rights and Memorandum in Support filed by National Center for Lesbian Rights. Attorney for Plaintiff: James Magleby, Jennifer Parrish, Peggy Tomsic; Attorney for Defendants: Philip Lott, Stanford Purser, Darcy Goddard. Court Reporter: None.(mjm) (Entered: 12/02/2013)
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Dec. 2, 2013
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Dec. 2, 2013
PACER
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88
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on December 4, 2013 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number 801-809-4634. 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. 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 12/27/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/6/2014. (jmr) Modified on 3/6/2014 by removing restricted text(las). (Entered: 12/06/2013)
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Dec. 6, 2013
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Dec. 6, 2013
PACER
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90
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MEMORANDUM DECISION and ORDER granting 32 Motion for Summary Judgment; denying 33 Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 12/20/2013. (tls) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
RECAP
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91
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NOTICE OF APPEAL as to 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Gary R. Herbert, John Swallow. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-1967766. (Lott, Philip) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
RECAP
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92
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CLERK'S JUDGMENT signed by LSY - Chief Deputy Clerk. IT IS ORDERED AND ADJUDGED that judgment be entered in favor of the plaintiffs as follows: the court finds that the amendment known as Amendment 3 to Utah Constitution is unconstitutional because it denies the plaintiffs their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah is enjoined from enforcing § 30-1-2 and § 30-1-4.1 of the Utah Code and Article I, §29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. Case Closed. (tls) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
RECAP
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93
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Transmission of Preliminary Record to USCA re 91 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 12/20/2013)
1 Appendix
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Dec. 20, 2013
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Dec. 20, 2013
PACER
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94
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Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
RECAP
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95
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NOTICE OF HEARING ON MOTION re: 94 Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment. The court orders the Plaintiffs to file any response to the Defendants' Motion by 5:00pm on December 22, 2013. The Defendants may file a reply at any time before the hearing on Monday morning. Motion Hearing set for 12/23/2013 at 9:00 AM in Room 220 before Judge Robert J. Shelby. :(Notice generated by Mary Jane McNamee) (mjm) (Entered: 12/21/2013)
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Dec. 21, 2013
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Dec. 21, 2013
PACER
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96
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Plaintiff's MEMORANDUM in Opposition re 94 Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 12/22/2013)
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Dec. 22, 2013
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Dec. 22, 2013
RECAP
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97
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Defendant's RESPONSE in Support of Motion for Stay Pending Appeal filed by Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
RECAP
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98
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USCA Case Number Case Appealed to Tenth Circcuit Case Number 13-4178 for 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. (jmr) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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99
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ORDER of USCA Tenth Circuit as to 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. Order filed by Judges Holmes and Bacharach denying motion for stay filed by Appellants Mr. Gary R. Herbert and John Swallow. See order for further details. (jmr) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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100
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ORDER of USCA Tenth Circuit as to 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. Order filed by Judges Holmes and Bacharach denying renewed Emergency Motion for Temporary Stay filed by Appellants Mr. Gary R. Herbert and John Swallow. See order for further details. (tls) (Additional attachment(s) added on 12/23/2013: # 1 Order) (tls). (Entered: 12/23/2013)
1 Order
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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101
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Modification of Docket: Error: Clerk attached incorrect document image to entry. Correction: Attached correct image to docket entry re 100 USCA Order. (tls) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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102
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Stay Pending Appeal held on 12/23/2013 before Judge Robert Shelby. Court Reporter/Transcriber Ray Fenlon, Telephone number 801-809-4634. 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. 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 1/13/2014. Redacted Transcript Deadline set for 1/23/2014. Release of Transcript Restriction set for 3/24/2014. (las) Modified on 3/24/2014 by removing restricted text (las). (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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