MEMORANDUM DECISION REGARDING ISSUANCE OF AN 18 U.S.C. 2703 WARRANT AND A PING WARRANT Evelyn J. Furse , United States Magistrate Judge . The Government requested a search and seizure warrant for cellular telephone subscriber information, historical and prospective location information for the cellular telephone, a pen register and trap and trace device, and the ability to demand the cellular telephone company affirmatively "ping" the particular cellular telephone to obtain its location...
REPORT AND RECOMMENDATION CECILIA M. ROMERO , Magistrate Judge . Plaintiff Heather H. filed this action pursuant to 42 U.S.C. 405(g) seeking judicial review of the decision of the Commissioner of Social Security (Commissioner) denying her claims for disability insurance benefits (DIB) and supplemental security income (SSI) under Titles II and XVI of the Social Security Act (Act). Having carefully considered the parties' memoranda, the complete record in this matter, and arguments at the...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL , District Judge . On September 30, 2019, the court granted Defendant Autovest, LLC's motion to compel arbitration and stay the case. (ECF No. 24.) Plaintiff Wayland Kathan now moves for the stay to be lifted so that he may proceed with his claim in this court. According to the parties' contract, disputes between them would be would be subject to the rules of the American Arbitration Association (AAA). (Ex. 1 to Def.'s Mot. Compel Arb. (ECF No....
ORDER ADOPTING REPORT AND RECOMMENDATIONS DEE BENSON , District Judge . Before the court is a Report and Recommendation issued by Magistrate Judge Dustin B. Pead, dated November 19, 2019. (Dkt. No. 18.) In the Report and Recommendation, Judge Pead recommends that this case be dismissed for mootness. The parties were notified of their right to file objections to the Report and Recommendation within 14 days of service pursuant to 28 U.S.C. 636 and Federal Rule of Civil Procedure 72....
ORDER AND MEMORANDUM OF DECISION TENA CAMPBELL , District Judge . On September 23, 2019, the court ruled on two motions for partial summary judgment, one from Plaintiff D. Ray Strong and one from Defendant Robert Geringer. Strong v. Cochran, Case No. 2:14-cv-00788-TC-EJF, 2019 WL 4601636 (D. Utah Sept. 23, 2019). Mr. Geringer and Defendants Jeff Austin and William Davidson now ask the court to either clarify or reconsider that order. (ECF Nos. 346, 347, 349, 350.) Mr. Geringer has also...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL , District Judge . BACKGROUND On May 7, 2018, Plaintiff Shamina Plott filed this action, Case No. 1:18-cv-00048-TC. She alleges that she was the target of sexual harassment by Defendant Colin House, the CEO of her employer, Defendant Advanced Comfort Technologies, Inc. (ACTI), and that ACTI discriminated and retaliated against her when she reported his behavior. As of July 10, 2018, when Ms. Plott filed the operative Amended Complaint, she was...
MEMORANDUM DECISION AND ORDER (1) DENYING [808] NSDP MOTION TO RETAIN RECORDS; (2) REQUIRING NELDON JOHNSON TO DELIVER BOXES 15-27 TO THE RECEIVER; AND (3) REQUIRING PLAINTIFF TO FILE STATUS REPORT AS TO ASSETS, DOCUMENTS, AND INFORMATION PRODUCED AND AS TO ISSUES REMAINING FOR SHOW-CAUSE HEARING DAVID NUFFER , District Judge . Nelson, Snuffer, Dahle & Poulsen ("NSDP") has filed a motion to retain certain documents ("Motion") 1 that Neldon Johnson was ordered to deliver to the United...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S SHORT FORM DISCOVERY MOTION TO ORDER PRODUCTION OF RELEVANT MENTAL HEALTH AND THERAPY RECORDS BRUCE S. JENKINS , District Judge . Before the court is Defendants' (Holly Harris, Zachary Frederickson, Todd Booth, Todd Wilcox, Ronald Seewer, Jr., Brent Tucker, and Salt Lake County) (collectively, "Defendants") Short Form Discovery Motion to Order Production of Relevant Mental Health and Therapy Records from the decedent Lisa Ostler ("Ms. Ostler"...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO STAY CECILIA M. ROMERO , Magistrate Judge . Before the court is Defendants' Motion to Stay Proceedings ("Motion") (ECF 10). In the Motion, Defendants request a stay of proceedings pending the court's determination of their Motion to Disqualify Counsel (ECF 9). Plaintiffs filed a Memorandum in Opposition ("Opposition") (ECF 11) arguing the stay is an unnecessary delay tactic. The court is not persuaded by Defendants Motion and...
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION DEE BENSON , District Judge . Before the Court is Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction. (Dkt. No. 25.) The court denied the Motion for Temporary Restraining Order on October 31, 2019. (Dkt. No. 35.) The court then held a hearing on the Motion for Preliminary Injunction on November 20, 2019. Plaintiffs were represented by Blake D. Miller, Jacob Dale Barney, and Jared D....
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT DUSTIN B. PEAD , Magistrate Judge . This case is referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(A) from District Judge Howard C. Nielson. ( ECF No. 26. ) This matter is before the court on Plaintiffs' Motion for Leave to File Amended Complaint. ( ECF No. 43. ) Plaintiffs have added a party to its Amended Complaint as well as several additional causes of action. The motion is fully briefed and...
MEMORANDUM DECISION AND ORDER DEE BENSON , District Judge . Before the court is Defendant's Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. (Dkt. No. 16.) Also before the court is Plaintiff's Motion for Summary Judgment. (Dkt. No. 30.) Both motions have been fully briefed by the parties, and the court has considered the facts and arguments set forth in those filings. Pursuant to civil rule 7-1(f) of the United States District Court for the District of Utah Rules...
MEMORANDUM DECISION AND ORDER DENYING MOTIONS TO DISMISS Howard C. Nielson, Jr. , United States District Judge . Louis Hansen has been charged with attempting to evade or defeat a tax and with impeding internal revenue laws. See 26 U.S.C. 7201, 7212. He has elected to exercise his constitutional right under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), to defend himself without the representation of counsel. On November 22, 2019, he moved to dismiss...
MEMORANDUM OPINION AND ORDER Dee Benson , United States District Judge . Before the court is Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1). (Dkt. No. 11.) The motion has been fully briefed by the parties and the court has considered the facts and arguments set forth in those filings. Pursuant to civil rule 7-1(f) of the United States District Court for the District of Utah Rules of Practice, the court finds that oral argument would not be helpful or...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , United States District Judge . This matter is before the court on Defendants Deluxe Small Business Sales, Inc. and OrangeSoda, Inc.'s Motion to Dismiss Plaintiff CounselNow, LLC's Third Amended Complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The court held a hearing on the motion on November 26, 2019. At the hearing, Defendants were represented by Peter J. Gleekel and Stephen J....
MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS' MOTION TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBERT J. SHELBY , Chief District Judge . This suit concerns patent infringement allegations Plaintiffs Biofire Defense, LLC and University of Utah Research Foundation brought against Defendant Fluidigm Corporation. The dispute now before the court, however, is procedural: where both sides agree the Supreme Court's decision in TC Heartland renders venue...
MEMORANDUM DECISION AND ORDER DENYING WITHOUT PREJUDICE MOTION TO CONTINUE JURY TRIAL HOWARD C. NIELSON, JR. , District Judge . This case is presently set for trial on January 24, 2020. Standby counsel for Defendant has filed a motion for a continuance, purportedly on behalf of Defendant. The court makes the following findings: 1. Defendant has been charged with attempting to evade or defeat tax and impeding internal revenue laws. See Dkt. No. 76 (superseding indictment) (citing 26 U.S.C....
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on approval of a Class Action Settlement Agreement and Working Plan. The court held a Fairness Hearing under Federal Rule of Civil Procedure 23(e) on November 21 & 22, 2019. At the hearing, Plaintiffs were represented Juliette White, Laura Henrie, Mary Ann Davies, and Nathanial Crippes, Defendants were represented by David Wolf, Laura Thompson, and Tony Patterson, and the Intermediate Care...
MEMORANDUM DECISION & DISMISSAL ORDER HOWARD C. NIELSON, JR. , District Judge . Plaintiff, Joshua Ryan Bridgewaters, an inmate at Salt Lake County Jail, filed this pro se civil rights suit, see 42 U.S.C.S. 1983 (2019), proceeding in forma pauperis. See 28 id. 1915. His Complaint is now before the Court for screening. See id. 1915(e). Defendants also move for dismissal for failure to state a claim upon which relief may be granted. SCREENING ANALYSIS A. Standard of Review...
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Chief Magistrate Judge . District Judge Jill N. Parrish referred this case to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is Plaintiff Novex Biotech, LLC's ("Plaintiff") Short Form Discovery Motion for Protective Order to Maintain "Attorney Eyes Only" Designation of Produced Documents ("Motion"). 2 The court has carefully reviewed the written memoranda submitted by the parties. Pursuant to...
