Case: Planned Parenthood Association of Utah v. Herbert

2:15-cv-00693 | U.S. District Court for the District of Utah

Filed Date: Sept. 28, 2015

Case Ongoing

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Case Summary

On September 28, 2015, Planned Parenthood Association of Utah (PPAU), represented by private counsel, filed this lawsuit in the U.S. Court for the District of Utah. The plaintiff sued the Utah Department of Health under 42 U.S.C. § 1983 for violations of their First and Fourteenth Amendment rights. The plaintiffs asked the court for declaratory and injunctive relief, asking the court to enjoin the defendants from preventing PPAU's access to federal funds it is otherwise qualified to receive. Th…

The plaintiffs claimed that on August 14, 2015, the Governor of Utah directed state agencies to "cease acting as an intermediary for federal grant money going to PPAU for non-abortion related services." The Governors directive was a response to a misleading video created by antichoice activists misrepresenting Planned Parenthood and falsely accusing the organization of "selling fetal body parts." The Utah Department of Health followed the Governor's directive, and planned to interfere with Planned Parenthood's access to federal funding for non-abortion services. The plaintiffs argued that the state's actions would cause irreparable harm to Planned Parenthood and its patients.

On September 29, 2015, Judge Clark Waddoups issued a temporary restraining order enjoining the defendants from denying funding to PPAU until October 15, 2016. On October 15, 2015, Judge Waddoups held a hearing on the motion for a preliminary injunction. On December 22, 2015 he issued an order denying the preliminary injunction and vacating the temporary restraining order. On December 27, 2015, PPAU filed an interlocutory appeal to the U.S. Court of Appeals for the Tenth Circuit on the preliminary injunction decision. The case was stayed at the district court level while the Tenth Circuit decided on the appeal.

On July 12 2016, the Tenth Circuit reversed the lower courts decision and imposed a preliminary injunction enjoining the state from defunding PPAU. On September 7, 2016, Judge Dee Benson for the district court issued a preliminary injunction order in line with the Court of Appeals ruling.

Subsequent to Tenth Circuit's July 12, 2016 order, a poll was called, sua sponte, to consider en banc rehearing. Upon that consideration, a majority of the active available judges of the court voted to deny. Judge Briscoe and Bacharach wrote separate concurring opinions as to the denial of en banc rehearing. Judge Gorsuch wrote a separate dissent, that Judges Tymkovich, Hartz and Holmes joined.

On April 28, 2017, the parties submitted a stipulation proposing a permanent injunction. The proposed permanent injunction provided that Utah would not deny funding to the Plaintiff on impermissible constitutional grounds, including the

Plaintiff’s provision of or advocacy for legal abortion; or the Plaintiff’s association or

affiliation with the national Planned Parenthood organization or its affiliates, or other

organizations with which provide for the advocacy of legal abortion.

The proposed injunction would not require the defendants to continue contracts, renew contracts, or issue new contracts to the Plaintiff. However, if the defendants

defunded, declined to renew, or did not issue a contract to the Plaintiff, they were required to state in writing a legitimate basis for doing so and provide that writing to the Plaintiff within thirty (30) days of the time their decision takes effect. Legitimate bases could not include unproven allegations against the national Planned Parenthood organization or its affiliates or the Plaintiff’s provision of or advocacy for legal abortion.

On May 5, 2017, the Court adopted the parties' stipulated permanent injunction.

On May 9, the parties stipulated to dismiss the case, with prejudice, in light of the permanent injunction. The Court did so on May 10.

The permanent injunction is still in place.

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Summary Authors

Gabriela Hybel (2/27/2017)

Michael Beech (3/31/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4403012/parties/planned-parenthood-association-of-utah-v-herbert/

Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Benson, Dee Vance (Utah)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Attorney for Plaintiff

Attorney for Defendant

Douglas, Parker (Utah)

Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Benson, Dee Vance (Utah)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Gorsuch, Neil M. (Colorado)

Hartz, Harris L. (New Mexico)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Moritz, Nancy Louise (Kansas)

Phillips, Gregory Alan (Colorado)

Tymkovich, Timothy M. (Colorado)

Waddoups, Clark (Utah)

Attorney for Plaintiff

Greenwood, Christine T. (Utah)

Parrish, Jennifer F (Utah)

Tomsic, Peggy A (Utah)

Attorney for Defendant

Douglas, Parker (Utah)

Green, Tyler R. (Utah)

Hall, Samuel M. (Utah)

Jensen, Jerrold S. (Utah)

Lott, Philip S. (Utah)

Purser, Stanford Edward (Utah)

Roberts, Thomas D. (Utah)

Soderberg, Gregory M. (Utah)

Widdison, Daniel R. (Utah)

Wolf, David N. (Utah)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:15-cv-00693	Docket [PACER]	May 10, 2017	May 10, 2017 Docket
2 2:15-cv-00693	Complaint for Declaratory and Injunctive Relief	Sept. 28, 2015	Sept. 28, 2015 Complaint
30 2:15-cv-00693	Memorandum Decision and Order Denying Preliminary Injunction	Dec. 22, 2015	Dec. 22, 2015 Order/Opinion 2015 WL 2015
37 15-04189	[Order] U.S. Court of Appeals for the Tenth Circuit	Aug. 8, 2016	Aug. 8, 2016 Order/Opinion
42 2:15-cv-00693	Tenth Circuit Court Order U.S. Court of Appeals for the Tenth Circuit	Oct. 28, 2016	Oct. 28, 2016 Order/Opinion 839 F.3d 839
51 2:15-cv-00693	Permanent Injunction Order	May 8, 2017	May 8, 2017 Order/Opinion
53 2:15-cv-00693	Order Dismissing Action with Prejudice	May 10, 2017	May 10, 2017 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4403012/planned-parenthood-association-of-utah-v-herbert/

Last updated March 6, 2024, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Planned Parenthood Association of Utah is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. 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. (eat) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
2	COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400, receipt number 1088-2349009), filed by Planned Parenthood Association of Utah. Assigned to Judge Clark Waddoups (Tomsic, Peggy) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 Clearinghouse
3	MOTION for Temporary Restraining Order and Memorandum in Support, MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit Exhibit A Declaration of K. Galloway, # 2 Text of Proposed Order)(Tomsic, Peggy) (Entered: 09/28/2015) 1 Exhibit Exhibit A Declaration of K. Galloway View on PACER 2 Text of Proposed Order View on PACER	Sept. 28, 2015	Sept. 28, 2015 PACER
4	RESTRICTED DOCUMENTSummons 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. (mms) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
5	RESTRICTED DOCUMENTSummons Issued Electronically as to Joseph K. Miner. 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. (mms) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
6	NOTICE OF HEARING ON MOTION re: 3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by aw) Motion Hearing set for 9/29/2015 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (aw) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
7	RESTRICTED DOCUMENT SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Gary R. Herbert served on 9/28/2015, answer due 10/19/2015. (Tomsic, Peggy) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
8	RESTRICTED DOCUMENT SUMMONS Returned Executed by Planned Parenthood Association of Utah as to Joseph K. Miner served on 9/28/2015, answer due 10/19/2015. (Tomsic, Peggy) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
9	NOTICE of Appearance by Parker Douglas on behalf of All Defendants (Douglas, Parker) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
10	NOTICE of Appearance by Tyler R. Green on behalf of All Defendants (Green, Tyler) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
11	NOTICE of Appearance by Stanford Edward Purser on behalf of All Defendants (Purser, Stanford) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015 PACER
12	TEMPORARY RESTRAINING ORDER- Motions terminated: 3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Planned Parenthood Association of Utah., ( Evidentiary Hearing set for 10/15/2015 at 09:30 AM in Rm 8.100 before Judge Clark Waddoups.) See Order for additional details. Signed by Judge Clark Waddoups on 9/29/15. (jmr) (Entered: 09/29/2015)	Sept. 29, 2015	Sept. 29, 2015 PACER
15	Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 9/29/2015 re 3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Planned Parenthood Association of Utah. Counsel for the parties present. Oral argument heard in the motion. The court GRANTS 3 MOTION for Temporary Restraining Order for the reasons stated on the record. The court sets the schedule for briefing on the Motion for Preliminary Injunction. Defendants' response is due on or before 10/9/2015. Plaintiff's reply is due on or before 10/13/2015. Evidentiary hearing on MOTION for Preliminary Injunction is set for 10/15/2015 at 9:30 AM. The Injunction shall remain in full effect until the date of the hearing. Court will prepare order. Attorney for Plaintiff: Christine Greenwood, Jennifer Parrish, Peggy Tomsic, Attorney for Defendant: Tyler Green, Stanford Purser. Court Reporter: Karen Murakami.(aw) (Entered: 10/06/2015)	Sept. 29, 2015	Sept. 29, 2015 PACER
13	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Motion for Temporary Restraining Order held on September 29, 2015 before Judge Karen Murakami, CSR, RPR. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. 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 10/22/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/30/2015. (jmr) Modified on 12/30/2015 by removing restricted text (las). (Entered: 10/01/2015)	Oct. 1, 2015	Oct. 1, 2015 PACER
16	NOTICE OF EVIDENTIARY HEARING ON MOTION re: 3 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by aw) Motion Hearing set for 10/15/2015 at 09:30 AM in Rm 8.100 before Judge Clark Waddoups. (aw) (Entered: 10/07/2015)	Oct. 7, 2015	Oct. 7, 2015 PACER
17	RESTRICTED DOCUMENT RETURN OF SERVICE Executed of Subpoena to Appear and Testify at Hearing in a Civil Action served on Jacey Skinner on 10/08/2015, filed by Plaintiff Planned Parenthood Association of Utah. (Tomsic, Peggy) (Entered: 10/09/2015)	Oct. 9, 2015	Oct. 9, 2015 PACER
18	Defendant's MOTION for Leave to File over-length memorandum in opposition to Plaintiff's motion for a preliminary injunction and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Attachments: # 1 Text of Proposed Order)(Purser, Stanford) (Entered: 10/09/2015) 1 Text of Proposed Order View on PACER	Oct. 9, 2015	Oct. 9, 2015 PACER
19	Defendant's MEMORANDUM in Opposition re 3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Attachments: # 1 Affidavit Shari Watkins, # 2 Affidavit Austin Cox)(Green, Tyler) (Entered: 10/09/2015) 1 Affidavit Shari Watkins View on PACER 2 Affidavit Austin Cox View on PACER	Oct. 9, 2015	Oct. 9, 2015 PACER
20	ORDER granting 18 Motion for Leave to File over-length memorandum in opposition to Plaintiff's motion for a preliminary injunction. Signed by Judge Clark Waddoups on 10/9/15. (jmr) (Entered: 10/13/2015)	Oct. 13, 2015	Oct. 13, 2015 PACER
21	Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Text of Proposed Order)(Tomsic, Peggy) (Entered: 10/13/2015) 1 Text of Proposed Order View on PACER	Oct. 13, 2015	Oct. 13, 2015 PACER
22	REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Planned Parenthood Association of Utah. (Attachments: # 1 Exhibit B - Declaration of Brandon J. Mark, # 2 Exhibit C - Declaration of Jennifer Fraser Parrish, # 3 Text of Proposed Order Granting Preliminary Injunction Order)(Tomsic, Peggy) (Entered: 10/13/2015) 1 Exhibit B - Declaration of Brandon J. Mark View on PACER 2 Exhibit C - Declaration of Jennifer Fraser Parrish View on PACER 3 Text of Proposed Order Granting Preliminary Injunction Order View on PACER	Oct. 13, 2015	Oct. 13, 2015 PACER
23	ORDER granting Ex Parte 21 Motion for Leave to File Excess Pages. Signed by Judge Clark Waddoups on 10/13/15. (jmr) (Entered: 10/14/2015)	Oct. 14, 2015	Oct. 14, 2015 PACER
24	Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 10/15/2015 re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Planned Parenthood Association of Utah. Counsel for the parties present. Oral argument heard on the motion. The court takes 3 MOTION for Preliminary Injunction UNDER SUBMISSION for the reasons stated on the record. The Temporary Restraining Order shall remain in effect until such time as the court submits its decision. Attorney for Plaintiff: Peggy Tomsic, Jennifer Parrish, Attorney for Defendant: Tyler Green, Stanford Purser, Spencer Austin, Jacee Skinner. Court Reporter: Karen Murakami.(aw) (Entered: 10/16/2015)	Oct. 15, 2015	Oct. 15, 2015 PACER
25	MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Attachments: # 1 Text of Proposed Order)(Green, Tyler) (Entered: 10/20/2015) 1 Text of Proposed Order View on PACER	Oct. 20, 2015	Oct. 20, 2015 PACER
26	ORDER granting 25 Motion for Extension of Time to Answer 2 Complaint. Signed by Judge Clark Waddoups on 10/22/2015. (blh) (Entered: 10/22/2015)	Oct. 22, 2015	Oct. 22, 2015 PACER
27	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction held on 10/15/2015 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. 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 11/13/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/21/2016. (jwt) Modified on 1/21/2016 by removing restricted text (las). (Entered: 10/23/2015)	Oct. 23, 2015	Oct. 23, 2015 PACER
29	NOTICE of Change of Firm Name and Email Addresses by Planned Parenthood Association of Utah (Parrish, Jennifer) (Entered: 12/14/2015)	Dec. 14, 2015	Dec. 14, 2015 PACER
30	MEMORANDUM DECISION and Order Denying Preliminary Injunction-denying 3 Motion for Preliminary Injunction and VACATES the courts temporary restraining order 12 . See Order for further details. Signed by Judge Clark Waddoups on 12/22/15. (jmr) (Entered: 12/22/2015)	Dec. 22, 2015	Dec. 22, 2015 Clearinghouse
31	NOTICE OF INTERLOCUTORY APPEAL as to 30 Order on Motion for Preliminary Injunction, Memorandum Decision,, filed by Planned Parenthood Association of Utah. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2405617. (Tomsic, Peggy) (Entered: 12/27/2015)	Dec. 27, 2015	Dec. 27, 2015 PACER
32	Transmission of Preliminary Record to USCA re 31 Notice of Appeal - Interlocutory. (Attachments: # 1 Appendix)(jmr) (Entered: 12/28/2015) 1 Appendix View on PACER	Dec. 28, 2015	Dec. 28, 2015 PACER
33	USCA Case Number Case Appealed to Tenth Case Number 15-4189 for 31 Notice of Appeal - Interlocutory, filed by Planned Parenthood Association of Utah. (jmr) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
34	ORDER of USCA Tenth Circuit as to 31 Notice of Appeal - Interlocutory, filed by Planned Parenthood Association of Utah. Response to Appellant's motion for stay due on 12/29/2015, no later than 3:00 p.m. MST to the Tenth Circuit, for Gary R Herbert and Joseph K. Miner. (jmr) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
35	ORDER of USCA Tenth Circuit as to 31 Notice of Appeal - Interlocutory, filed by Planned Parenthood Association of Utah. The appeal will be expedited, and the parties will be advised of the briefing schedule by separate order. (jmr) (Entered: 12/31/2015)	Dec. 31, 2015	Dec. 31, 2015 PACER
36	NOTICE of Transcript Order Form by Planned Parenthood Association of Utah (Parrish, Jennifer) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 PACER
37	MANDATE of USCA as to 31 Notice of Appeal - Interlocutory, filed by Planned Parenthood Association of Utah. According to the USCA the judgment of the USDC for the Dist of UT is Reversed and Remanded. Judgment included with mandate: Yes. (Attachments: # 1 Judgment, # 2 Mandate Letter)(jmr) (Entered: 08/08/2016) 1 Judgment View on PACER 2 Mandate Letter View on PACER	Aug. 8, 2016	Aug. 8, 2016 PACER
38	ORDER OF RECUSAL - Judge Clark Waddoups recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge Clark Waddoups on 8/17/16. (jmr) (Entered: 08/17/2016)	Aug. 17, 2016	Aug. 17, 2016 PACER
39	NOTICE OF HEARING: (Notice generated by CHAMBERS) Status Conference set for 8/30/2016 at 02:30 PM in Rm 8.300 before Judge Dee Benson. (reb) (Entered: 08/24/2016)	Aug. 24, 2016	Aug. 24, 2016 PACER
40	STIPULATION to Plaintiff's proposed order granting preliminary injunction by Gary R. Herbert, Joseph K. Miner. (Green, Tyler) (Entered: 08/31/2016)	Aug. 31, 2016	Aug. 31, 2016 PACER
41	PRELIMINARY INJUNCTION ORDER. Signed by Judge Dee Benson on 9/4/2016. (blh) (Entered: 09/07/2016)	Sept. 6, 2016	Sept. 6, 2016 PACER
42	SUPPLEMENT TO MANDATE of USCA as to 31 Notice of Appeal - Interlocutory, filed by Planned Parenthood Association of Utah. According to the USCA Chief Judge Tymkovich, as well as Judges Hartz, Gorsuch, andHolmes voted to grant en banc rehearing. Judge Briscoe has written separately in concurrence to the denial of en banc rehearing, as has Judge Bacharach. Judge Gorsuch has written separately in dissent. Judges Tymkovich, Hartz and Holmes join in that dissent. A copy of this order shall stand as a supplement to the mandate issued on August 8, 2016. (Attachments: # 1 Supplemental Mandate Letter)(jmr) (Entered: 10/28/2016) 1 Supplemental Mandate Letter View on PACER	Oct. 28, 2016	Oct. 28, 2016 Clearinghouse
43	Defendant's MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Attachments: # 1 Text of Proposed Order)(Green, Tyler) (Entered: 02/09/2017) 1 Text of Proposed Order View on PACER	Feb. 9, 2017	Feb. 9, 2017 PACER
44	ORDER granting 43 Motion for Extension of Time to Answer 2 Complaint. Answer deadline updated for Gary R. Herbert, Joseph K. Miner. Answers due 3/18/2017. Signed by Judge Dee Benson on 2/9/2017. (blh) (Entered: 02/10/2017)	Feb. 10, 2017	Feb. 10, 2017 PACER
45	MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Gary R. Herbert, Joseph K. Miner. (Attachments: # 1 Text of Proposed Order)(Green, Tyler) (Entered: 03/15/2017) 1 Text of Proposed Order View on PACER	March 15, 2017	March 15, 2017 PACER
46	ORDER granting 45 Motion for Extension of Time to Answer 2 Complaint. Answer deadline updated for Gary R. Herbert, Joseph K. Miner. Answers due 4/17/2017. Signed by Judge Dee Benson on 3/15/2017. (blh) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017 PACER
47	NOTICE OF FILING of Friend of Court brief submitted by Jonathan L. Peterson (blh) (Entered: 03/23/2017)	March 16, 2017	March 16, 2017 PACER
48	Extension of Time to File Answer	April 14, 2017	April 14, 2017 PACER
49	Order on Motion for Extension of Time to Answer	April 18, 2017	April 18, 2017 PACER
51	Permanent Injunction	May 8, 2017	May 8, 2017 Clearinghouse
53	Order Dismissing Case	May 10, 2017	May 10, 2017 Clearinghouse