MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT EVELYN J. FURSE, United States Magistrate Judge. I. INTRODUCTION Defendant Washington City moved the Court for Summary Judgment on Plaintiff Andre Brazzle's remaining claims for relief, specifically, Mr. Brazzle's claims of Hostile Work Environment in violation of both Title VII and 42 U.S.C. section 1981. 1 The Court has carefully reviewed the original submissions of the parties...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY, District Judge. The Plaintiffs in this lawsuit are three gay and lesbian couples who wish to marry, but are currently unable to do so because the Utah Constitution prohibits same-sex marriage. The Plaintiffs argue that this prohibition infringes their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah defends its laws and maintains that a state has the right to define...
MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TED STEWART, District Court. This matter is before the Court on Plaintiff Won Door Corporation's ("Won Door") Motion for a Preliminary Injunction. For the reasons set forth below, the Court will grant Plaintiff's Motion. I. BACKGROUND Plaintiff manufactures movable partitions designed to extend and retract across rooms, and related components used to install such partitions. Defendant Cornell Iron Works,...
FINDINGS OF FACT & CONCLUSIONS OF LAW AND ORDER BRUCE S. JENKINS, Senior District Judge. This matter came before the Court on cross motions for summary judgment filed by the Plaintiff R. Wayne Klein, court-appointed receiver for US Ventures LC, Winsome Investment Trust, and the assets of Robert J. Andres and Robert L. Holloway (the "Receiver"), doc. no. 39, and by the Defendant Nunzio Bruno (the "Defendant"), doc. no. 34. A hearing on the competing motions for summary judgment was held on...
MEMORANDUM DECISION and ORDER ADOPTING REPORT AND RECOMMENDATIONS DAVID NUFFER, District Judge. This case was referred to Magistrate Judge Dustin Pead under 28 U.S.C. 636(b)(1)(B). 1 After extensive briefing on the issues raised, 2 Judge Pead issued the Report & Recommendations (R & R) 3 recommending that this court: (1) FIND it has subject matter jurisdiction over Plaintiff's amended complaint; (2) AFFIRM Defendants' decision to deny Plaintiff's adjustment Application because Defendants...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Plaintiffs Southern Utah Wilderness Alliance, Natural Resources Defense Council, Wilderness Society, National Parks Conservation Association, Grand Canyon Trust, Sierra Club, National Trust for Historic Preservation, Center for Native Ecosystems, Utah Rivers Council, and Great Old Broads for Wilderness's challenge to the Bureau of Land Management's ("BLM") Richfield Resource Management Plan ("RMP"...
ROBERT J. SHELBY, District Judge. This case arises out of permitting problems that were encountered by two groups who wished to march down State Street in Salt Lake City to raise awareness about climate change. The Utah Department of Transportation (UDOT) required the two groups, iMatter Utah and Positive Change Utah, to obtain insurance for the events and to sign an indemnification form that would protect UDOT and the State of Utah from liability for certain actions that might occur during...
MEMORANDUM DECISION AND ORDER GRANTING ERM'S MOTION TO DISMISS TED STEWART, District Judge. This matter is before the Court on Defendant ERM-West, Inc.'s ("ERM") Motion to Dismiss. 1 The Court heard oral argument on ERM's Motion on October 24, 2013. Having considered the arguments raised at oral argument, reviewed the materials submitted by the parties, and being otherwise fully informed, the Court will grant ERM's Motion. I. BACKGROUND This dispute arises from the environmental...
FINDING OF FACTS CONCLUSIONS OF LAW, AND ORDER OF THE COURT DAVID NUFFER, District Judge. On September 18, 2013, this matter came before the Court for a hearing on Defendant's Motion to Suppress 1 evidence discovered during the arrest of the Defendant on two separate dates. Bel-Ami De Montreux, representing Defendant, and Branden B. Miles, representing the United States, were present. After receiving memorandums and listening to oral arguments from both parties, the Court makes the following...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY, District Judge. Defendant Hani Al-Saimari moves the court to suppress any statements he made to law enforcement agents on November 1, 2012, when he was interviewed during the execution of a search warrant on Victor's Smoke Shop. (Dkt. No. 25.) For the reasons stated below, the court GRANTS his request. BACKGROUND On November 1, 2012, the Davis Metro Narcotics Strike Force and other law enforcement agents executed search warrants on a number of...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY, District Judge. The Defendants have filed a Joint Motion to Withdraw the Reference for Adversary Proceeding 12-2225. (Dkt. No. 2.) This adversary proceeding is currently pending in the United States Bankruptcy Court for the District of Utah and involves allegations that the Defendants violated the automatic stay in the underlying bankruptcy proceeding, Case No. 11-38145. For the reasons discussed below, the court denies the Defendants' Motion...
MEMORANDUM DECISION DUSTIN B. PEAD, Magistrate Judge. I. INTRODUCTION This matter is before the Court under 28 U.S.C. 636(c). (Docket No. 10.) Plaintiff appealed the Social Security Commissioner's decision denying her claim for disability insurance benefits ("DIB") under Title II of the Social Security Act ("Act"). (Dkt. No. 2.) The Commissioner filed a motion to dismiss Plaintiff's complaint under Fed. R. Civ. P. 12(b)(1). (Dkt. No. 5.) For the reasons set forth below, the Court...
MEMORANDUM DECISION AND ORDER GRANTING TEREX USA, LLC's MOTION IN LIMINE TO LIMIT AND EXCLUDE OPINIONS AND TESTIMONY OF HEALTH CARE PROFESSIONALS (ECF No. 80). EVELYN J. FURSE, Magistrate Judge. The Court GRANTS Terex USA, LLC's (Terex) Motion in Limine to Limit and Exclude Opinions and Testimony of Health Care Professionals because Mr. Krikbride's Rule 26(a)(2)(C) disclosure does not meet the requirements of the rule. Mr. Kirkbride included the following paragraph in his Rule 26(a)(2)...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT STATE FARM'S MOTION FOR PARTIAL SUMMARY JUDGMENT DAVID NUFFER, District Judge. The above-entitled matter came before the court on Defendant State Farm Fire and Casualty Company's ("State Farm") Motion for Partial Summary Judgment. 1 Plaintiffs did not oppose the Motion. 2 After consideration of the matter, the court granted 3 State Farm's Motion and desires to briefly set forth the basis for doing so. UNDISPUTED FACTS Early in the morning...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Before the court are Defendants' 1 Motion to Dismiss Plaintiffs' 2 Twentieth Claim for Relief and Defendants' Motion to Dismiss and/or for Summary Judgment of Plaintiffs' Second Claim for Relief. (Dkt Nos. 93, 96). For the reasons discussed below, the court GRANTS Defendants' Motion to Dismiss Plaintiffs' Twentieth Claim for Relief for civil conspiracy and GRANTS Defendants' Motion for Summary Judgment on...
MEMORANDUM DECISION AND ORDER EVELYN J. FURSE, Magistrate Judge. I. INTRODUCTION Defendant Trinity Mission Health and Rehab of Provo, LLC, dba Trinity Mission Health and Rehab of Provo, LP ("Trinity Mission") moved the Court for summary judgment. 1 Plaintiff Catalina Vasquez brought claims against Trinity Mission for unlawful discrimination on the basis of sex, in violation of Title VII and the Utah Anti-discrimination Act, wrongful discharge, defamation, false light invasion of privacy,...
MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TED STEWART, District Judge. This matter is before the Court on Plaintiff R. Wayne Klein's (the "Receiver") Motion for Summary Judgment. 1 Plaintiff is the receiver of U.S. Ventures LC ("U.S. Ventures"), Winsome Investment Trust ("Winsome"), and the assets of Robert J. Andres and Robert L. Holloway. For the reasons provided more fully below, the Court will grant the Receiver's Motion for Summary Judgment. I....
MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF JAMES F. BOWMAN (ECF No. 64) EVELYN J. FURSE, Magistrate Judge. The Court GRANTS Mr. Kirkbride's Motion to Strike (ECF No. 64) because the supplemental report is untimely, lacks substantial justification, and harms Mr. Kirkbride. Terex USA, LLC (Terex) provided Mr. Kirkbride with Mr. Bowman's supplemental report on May 7, 2013, four months after Mr. Bowman provided his expert report, and...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION After not being promoted to the position of a supervisor, plaintiff John E. Cross filed a complaint with the Utah Labor Commission, alleging that defendant Valley Services, Inc. ("Valley Services") discriminated against him based on his disability. Subsequently, Valley Services issued written warnings to Mr. Cross for behavior that allegedly violated company policy. Approximately two years after Mr. Cross filed his...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendants Healthcare Technology Alliance, LLC, ("HTA"), Akamai Practice Management LLC ("Akamai"), Medtrak Data Systems, Inc. ("Medtrak"), Valli Information Systems, Inc. ("Valli"), Robert Putnam, Mark Service, and Robert Jenkins (collectively "HTA Defendants") Motion to Dismiss. On August 27, 2013, the court held a hearing on the motion. At the hearing, Plaintiff was represented by John Delaney...
