D. Utah 4:23-cv-00044 Docket
Southern Utah Drag Stars v. City of St. George
No. 4:23-cv-00044, Case History (under construction)
Court: District of Utah (Southern Region)
Assigned to: Judge David Nuffer
(previously Magistrate Judge Paul Kohler, reassigned 05/30/23)
Referred to: Magistrate Judge Paul Kohler
| Date Filed | # | Docket Text |
| 05/23/2023 | 1 | Case has been indexed and assigned to Magistrate Judge Paul Kohler. Plaintiffs Mitski Avalox, Southern Utah Drag Stars is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (Attachments: # 1 Errata Attachment to Civil Cover Sheet) (ks) (Entered: 05/23/2023) |
| 05/23/2023 | 2 | COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4685906) filed by Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Civil Cover Sheet Addendum) (De Fex, Valentina) (Entered: 05/23/2023) |
| 05/23/2023 | 3 | ** STRIKE ** |
| 05/24/2023 | 4 | ORDER TO PREPARE SCHEDULE AND PREPARE FOR CASE MANAGEMENT CONFERENCE – See order for details. Signed by Magistrate Judge Paul Kohler on 5/24/2023. (alf) (Entered: 05/24/2023) |
| 05/24/2023 | 5 |
MOTION for Admission Pro Hac Vice of Jeremy Creelan , Registration fee $ 250, receipt number AUTDC-4687915,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/24/2023 | 6 |
MOTION for Admission Pro Hac Vice of Remi Jaffre , Registration fee $ 250, receipt number AUTDC-4687917,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/24/2023 | 7 |
MOTION for Admission Pro Hac Vice of Jocelyn Sitton , Registration fee $ 250, receipt number AUTDC-4687920,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/24/2023 | 8 |
MOTION for Admission Pro Hac Vice of Owen Keiter , Registration fee $ 250, receipt number AUTDC-4687921,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/24/2023 | 9 |
MOTION for Admission Pro Hac Vice of Meredith Hurley , Registration fee $ 250, receipt number AUTDC-4687922,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/24/2023 | 10 |
MOTION for Admission Pro Hac Vice of Nathaniel Castellano , Registration fee $ 250, receipt number AUTDC-4687923,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/24/2023) |
| 05/25/2023 | 11 |
ORDER granting 10 Motion for Admission Pro Hac Vice of Attorney Nathaniel Castellano for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 12 |
ORDER granting 9 Motion for Admission Pro Hac Vice of Attorney Meredith Hurley for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 13 |
ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Remi Jaffre for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 14 |
ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Jocelyn Sitton for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 15 |
ORDER granting 5 Motion for Admission Pro Hac Vice of Attorney Jeremy Creelan for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 16 |
ORDER granting 8 Motion for Admission Pro Hac Vice of Attorney Owen Keiter for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/25/2023. (alf) (Entered: 05/25/2023) |
| 05/25/2023 | 17 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to City of St. George Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 18 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Michele Randall Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 19 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to John Willis Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 20 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Michelle Tanner Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 21 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Gregg McArthur Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 22 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Natalie Larsen Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 23 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Dannielle Larkin Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 24 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to Jimmie Hughes Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 25 |
MOTION for Admission Pro Hac Vice of Emerson Sykes , Registration fee $ 250, receipt number AUTDC-4689345,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 26 |
MOTION for Admission Pro Hac Vice of Joshua A. Block , Registration fee $ 250, receipt number AUTDC-4689362,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 27 |
MOTION for Admission Pro Hac Vice of Elizabeth Gyori , Registration fee $ 250, receipt number AUTDC-4689367,
Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 PHV Application, # 2 PHV Proposed Order)(De Fex, Valentina) (Entered: 05/25/2023) |
| 05/25/2023 | 28 | WAIVER OF SERVICE Returned Executed filed by Mitski Avalox, Southern Utah Drag Stars as to City Counsel of St. George Waiver sent on 5/24/2023, answer due 7/25/2023. (De Fex, Valentina) (Entered: 05/25/2023) |
| 05/26/2023 | 29 |
ORDER granting 26 Motion for Admission Pro Hac Vice of Attorney Joshua A. Block for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023) |
| 05/26/2023 | 30 |
ORDER granting 27 Motion for Admission Pro Hac Vice of Attorney Elizabeth Gyori for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023) |
| 05/26/2023 | 31 |
ORDER granting 25 Motion for Admission Pro Hac Vice of Attorney Emerson Sykes for Mitski Avalox and Southern Utah Drag Stars.
Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.
Signed by Magistrate Judge Paul Kohler on 5/26/2023. (alf) (Entered: 05/26/2023) |
| 05/26/2023 | 32 | MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Proposed Order)(De Fex, Valentina) (Entered: 05/26/2023) |
| 05/30/2023 | 33 | ORDER granting 32 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Paul Kohler on 5/30/2023. (alf) (Entered: 05/30/2023) |
| 05/30/2023 | 34 | MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration of Tara Lipsyncki, # 6 Declaration of Mitski Avalox, # 7 Exhibit A to Declaration of Mitski Avalox, # 8 Exhibit B-1 to Declaration of Mitski Avalox, # 9 Exhibit B-2 to Declaration of Mitski Avalox, # 10 Exhibit B-3 to Declartion of Mitski Avalox)(Creelan, Jeremy) (Entered: 05/30/2023) |
| 05/30/2023 | 35 | MOTION to Expedite Briefing on Plaintiffs’ Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Text of Proposed Order)(Creelan, Jeremy) (Entered: 05/30/2023) |
| 05/30/2023 | 36 | NOTICE OF NONELECTRONIC FILING of Exhibits A, B, C, and D to Plaintiffs’ Motion for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars re 34 MOTION for Preliminary Injunction and Memorandum in Support (Creelan, Jeremy) (Entered: 05/30/2023) |
| 05/30/2023 | 37 | DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiffs’ filing of a motion for injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge. No attached document. Signed by Magistrate Judge Paul Kohler on 5/30/2023. (tlc) (Entered: 05/30/2023) |
| 05/30/2023 | 38 | Pursuant to Docket Text Order 37 , case is randomly assigned to Judge David Nuffer and Magistrate Judge Paul Kohler is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Paul Kohler no longer assigned as the presiding judge to the case. (alf) (Entered: 05/30/2023) |
| 05/30/2023 | 39 | Amended MOTION to Expedite Briefing on Plaintiffs’ Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 05/30/2023) |
| 05/30/2023 | 40 |
DOCKET TEXT ORDER granting 39 Amended MOTION to Expedite Briefing on Plaintiffs’ Motion for Preliminary Injunction. The following hearing and briefing schedule regarding the 34 Motion for Preliminary Injunction is set:
Telephonic Status Conference set for June 1, 2023 at 01:00 PM before Judge David Nuffer. Instructions for attending the telephonic status conference will be sent by email.
Defendants’ response to the 34 Motion must be filed by no later than noon on June 6, 2023.
Plaintiffs’ reply to the 34 Motion must be filed by no later than 4:00 p.m. on June 9, 2023.
Hearing on 34 MOTION for Preliminary Injunction is set for June 14, 2023 at 01:00 PM in Room 2B 206 at the St George Courthouse before Judge David Nuffer.
This hearing and briefing schedule is subject to change based on information obtained at the June 1, 2023 telephonic status conference.
So ordered by Judge David Nuffer on 5/30/23 (docket text only – no attached document) (alt) (Entered: 05/30/2023) |
| 05/30/2023 | 41 | NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorney Emerson Sykes for Plaintiffs Mitski Avalox, Southern Utah Drag Stars has not registered to e-file and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorney of this deficiency. Failure to comply with this court’s rules may result in revocation of PHV admission. (alt) (Entered: 05/30/2023) |
| 05/30/2023 | 42 |
DOCKET TEXT ORDER taking under advisement 34 Motion for Preliminary Injunction.
Because Defendants have not yet made an appearance in the case, it is unknown whether Defendants received electronic notice of the filing of Plaintiffs’ 34 Motion for Preliminary Injunction, or the 40 Docket Text Order Granting Plaintiffs’ 39 Motion for Expedited Briefing.
Therefore, Plaintiffs are directed to ensure Defendants have received notice of the 34 Motion and the 40 Docket Text Order, which may include physical service of the 34 Motion and 40 Docket Text Order on Defendants. And Plaintiffs must file a notice stating the manner in which notice of the 34 Motion and 40 Docket Text Order was given to Defendants and the date of such notice.
Signed by Judge David Nuffer on 05/30/2023. No attached document. (apm) (Entered: 05/30/2023) |
| 05/31/2023 | 43 | NOTICE of Delivery of Materials to Defendants by Mitski Avalox, Southern Utah Drag Stars (Creelan, Jeremy) (Entered: 05/31/2023) |
| 05/31/2023 | 44 | NOTICE of Appearance by R. Scott Young on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Young, R.) (Entered: 05/31/2023) |
| 06/01/2023 | 45 | ** SEALED DOCUMENT ** DOCUMENTS LODGED consisting of Notice of Audio Hearing sent to counsel’s email. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (pjd) (Entered: 06/01/2023) |
| 06/01/2023 | 48 |
Minute Entry for proceedings held before Judge David Nuffer: Telephone Conference held on 6/1/2023. All parties are present by phone. Discussion held on the briefing schedule regarding the 34 Motion for Preliminary Injunction. Mr. Young request for an extension. Court grants request. Deadlines set as:
Defendants’ response to the 34 Motion must be filed by no later than 10:00 am on June 9, 2023
Plaintiffs’ reply to the 34 Motion must be filed by no later than noon. on June 13, 2023.
Hearing on 34 MOTION for Preliminary Injunction is set for June 14, 2023 at 01:00 PM in Room 2B 206 at the St George Courthouse before Judge David Nuffer. Court adjourns:
Attorney for Plaintiff: Nathaniel Castellano, Valentina De Fex, Elizabeth Gyori, Remi Jaffre, John Mejia, Jocelyn Sitton,, Attorney for Defendant: Scott Young, Tani Downing,. Court Reporter: Michelle Gonsalves.(Time Start: 1:00, Time End: 1:22, Room Teleconference.)(pjd) (Entered: 06/05/2023) |
| 06/01/2023 | 50 | EXHIBITS A-D filed by Mitski Avalox, Southern Utah Drag Stars re 34 MOTION for Preliminary Injunction, consisting of 4 video files on 4 separate discs. The video files are not uploaded to the docket due to non-PDF file type and the discs will be retained in a case file folder in the Clerk’s Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) (Entered: 06/07/2023) |
| 06/02/2023 | 46 | NOTICE of Appearance by Tani Pack Downing on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Downing, Tani) (Entered: 06/02/2023) |
| 06/05/2023 | 47 | NOTICE of Appearance by Ryan Dooley on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Dooley, Ryan) (Entered: 06/05/2023) |
| 06/07/2023 | 49 | Defendant’s MOTION for Leave to File Excess Pages For Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 06/07/2023) |
| 06/07/2023 | 51 | DOCKET TEXT ORDER granting 49 Motion for Leave to File Excess Pages. Defendants are given leave to file a 35-page response to Plaintiffs’ 34 Motion for Preliminary Injunction. Signed by Judge David Nuffer on 06/07/2023. No attached document. (apm) (Entered: 06/07/2023) |
| 06/07/2023 | 52 |
DOCKET TEXT ORDER No attached document.
To help create a complete written record Defendants shall separately file with Defendants’ response to Plaintiffs’ motion for preliminary injunction answers and supporting documentation addressing the following questions:
1. When was the advertising prohibition enacted, and how was it enforced before 2023?
2. List all events identified on the March 21, 2023 list.
3. List all event applications denied based on the advertising prohibition or approved in spite of the advertising prohibition. Identify each event and list the application date, applicant, date of denial or approval. Supporting documentation for this answer shall include the applications, any documentation of decision, notes of meetings, and email or message chains discussing these applications or the decisions.
4. The September 2, 2022 list of reoccurring events referenced in the moratorium ordinance.
5. List each special event application to the City for calendar year 2022 including the date the application was submitted, the applicant name, the date the permit was issued or denied, and the date of the special event.
Signed by Judge David Nuffer on June 6, 2023. (mwj) (Entered: 06/07/2023) |
| 06/08/2023 | 53 | NOTICE of Appearance by Jami R. Brackin on behalf of City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis (Brackin, Jami) (Entered: 06/08/2023) |
| 06/09/2023 | 54 | Defendant’s MEMORANDUM in Opposition re 34 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Appendix Appendix)(Young, R.) (Entered: 06/09/2023) |
| 06/09/2023 | 55 | ORDER The oral argument on the Motion for Preliminary Injunction set for Wednesday June 14, 2023, at 1:00 p.m. is VACATED. Signed by Judge David Nuffer on 9 June 2023. (DN) (Entered: 06/09/2023) |
| 06/09/2023 | 6/14/23 Motion Hearing set for 1:00 p.m. in St George is terminated per 55 Order (alt) (Entered: 06/12/2023) | |
| 06/10/2023 | 56 | ORDER Counsel may file supplemental documents and responses to the list of questions and requests no later than 12:00 p.m. noon, June 14, 2023. These requests are primarily directed to the Defendants. Signed by Judge David Nuffer on 10 June 2023. (DN) (Entered: 06/10/2023) |
| 06/12/2023 | 57 | MOTION for Leave to File Excess Pages / Plaintiffs’ Unopposed Motion for Leave to File Overlength Reply Brief in Support of Their Motion for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Proposed Order) Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 06/12/2023) |
| 06/12/2023 | 58 |
DOCKET TEXT ORDER granting Plaintiffs 57 Motion for Leave to File Overlength Reply in Support of their Motion for Preliminary Injunction. Plaintiffs may file a reply 6 pages overlength.
Signed by Judge David Nuffer on June 12, 2023. No attached document. (mwj) (Entered: 06/12/2023) |
| 06/13/2023 | 59 | REPLY to Response to Motion re 34 MOTION for Preliminary Injunction filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 06/13/2023) |
| 06/14/2023 | 60 | Response to Court’s Questions in Dkt#56 BRIEF re 56 Order, filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Young, R.) (Entered: 06/14/2023) |
| 06/15/2023 | 61 | ORDER Counsel may file supplemental documents and responses to the below list of questions and requests no later than 5:00 p.m., June 15, 2023. Signed by Judge David Nuffer on 6/15/2023. (nl) (Entered: 06/15/2023) |
| 06/15/2023 | 62 | Response to Court’s Questions in Dkt#61 BRIEF re 61 Order filed by Defendants City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Young, R.) (Entered: 06/15/2023) |
| 06/16/2023 | 63 | MEMORANDUM DECISION AND ORDER granting 34 Motion for Preliminary Injunction. An attorney’s meeting planning report and proposed scheduling order for resolution of the issues presented in the case is due by 7/31/23. Signed by Judge David Nuffer on 6/16/23 (alt) (Entered: 06/16/2023) |
| 06/21/2023 | 64 | NOTICE of Filing of Election Pursuant to the Court’s Memorandum and Order Granting Preliminary Injunction by Mitski Avalox, Southern Utah Drag Stars (Creelan, Jeremy) (Entered: 06/21/2023) |
| 07/03/2023 | 65 |
NOTICE OF VIDEO HEARING: Case Management Conference set for 8/15/2023 at 01:30 PM in STGU- St George *virtual Court Via Zoom Conference* before Magistrate Judge Paul Kohler.
If not already filed the Attorney Planning Meeting Report must be filed and the Proposed Scheduling Order must be emailed in word processing format to dj.nuffer@utd.uscourts.gov at least one week before the Conference.
Conference link will be emailed to counsel and court reporter by Outlook calendar invitation. Counsel may share the link with clients wishing to participate. All others (media, public, etc) may email dj.nuffer@utd.uscourts.gov to obtain conference information. (pjd) (Entered: 07/03/2023) |
| 07/25/2023 | 66 | ANSWER to Complaint with Jury Demand filed by City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis.(Young, R.) (Entered: 07/25/2023) |
| 07/25/2023 | 67 | MOTION for Judgment on the Pleadings filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 07/25/2023) |
| 08/08/2023 | 68 | REPORT OF ATTORNEY PLANNING MEETING. (Creelan, Jeremy) (Entered: 08/08/2023) |
| 08/08/2023 | 69 | Stipulated MOTION for Initial Scheduling Conference filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. Motions referred to Paul Kohler.(Creelan, Jeremy) (Entered: 08/08/2023) |
| 08/09/2023 | 70 | DOCKET TEXT ORDER granting 69 Motion for Initial Scheduling Conference. The Court will conduct an Initial Scheduling Conference in conjunction with the Case Management Conference set for 8/15 at 1:30 p.m. Signed by Magistrate Judge Paul Kohler on 8/9/2023. No attached document. (tlc) (Entered: 08/09/2023) |
| 08/15/2023 | 71 | SCHEDULING ORDER: Amended Pleadings due by 12/22/2023. Joinder of Parties due by 12/22/2023. Expert Discovery due by 5/24/2024. Motions due by 7/26/2024. Scheduling Conference set for 8/13/2024 at 02:00 PM in Room 197 (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 8/15/23 (alt) (Entered: 08/15/2023) |
| 08/15/2023 | 72 |
Minute Entry for proceedings held before Magistrate Judge Paul Kohler: Case Management Conference held on 8/15/2023. Counsel and court present by Zoom video conference. Discussion heard on the allegations stated in the complaint and current scheduling order. Court plans on filing a scheduling order shortly Court adjourned.
Attorney for Plaintiff: Remi Jaffre, Valentina De Fex, Elizabeth Gyori, Emerson Sykes, Attorney for Defendant: Scott Young. Court Reporter: Electronic.(Time Start: 1:30, Time End: 1:51, Room Zoom Video Conference.)(pjd) (Entered: 08/16/2023) |
| 08/22/2023 | 73 | Plaintiff’s MEMORANDUM in Opposition re 67 MOTION for Judgment on the Pleadings filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 08/22/2023) |
| 09/05/2023 | 74 | REPLY to Response to Motion re 67 MOTION for Judgment on the Pleadings filed by Defendants City Counsel of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 09/05/2023) |
| 09/21/2023 | 75 | NOTICE OF WITHDRAWAL OF COUNSEL of Valentina De Fex filed by Valentina De Fex on behalf of Mitski Avalox, Southern Utah Drag Stars (De Fex, Valentina) (Entered: 09/21/2023) |
| 09/25/2023 | 76 | NOTICE of Substitution of Local Counsel for Attorneys Admitted Pro Hac Vice by Mitski Avalox, Southern Utah Drag Stars (Mejia, John) (Entered: 09/25/2023) |
| 10/03/2023 | 77 | Stipulated MOTION to Stay filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 10/03/2023) |
| 10/04/2023 | 78 | ORDER granting 77 Stipulated Motion to Stay : All pending dates and deadlines in this action are stayed until (a) the parties file a stipulated motion for dismissal of the pending action because they have settled and resolved all issues between them in this action or (b) the parties file a joint status report and request a status conference. Signed by Judge David Nuffer on 10/4/23. (dle) (Entered: 10/04/2023) |
| 12/12/2023 | 79 | Stipulated MOTION to Lift the Stay and Proceed with Discovery filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 12/12/2023) |
| 12/12/2023 | 80 | Stipulated MOTION for Amended Scheduling Order filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 12/12/2023) |
| 12/13/2023 | 81 | ORDER granting 79 Motion to Lift the Stay and Proceed with Discovery. Signed by Magistrate Judge Paul Kohler on 12/13/23 (alt) (Entered: 12/13/2023) |
| 12/13/2023 | 82 | AMENDED SCHEDULING ORDER granting 80 Motion for Amended Scheduling Order. Amended Pleadings due by 2/23/2024. Joinder of Parties due by 2/23/2024. Expert Discovery due by 6/21/2024. Motions due by 7/26/2024. Scheduling Conference set for 8/13/2024 at 02:00 PM in Room 197 (St George) before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 12/13/23 (alt) (Entered: 12/13/2023) |
| 12/14/2023 | 83 | Defendant’s MOTION for Partial Summary Judgment on Plaintiffs’ Claims for Injunctive and Declaratory Relief filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit DEF000202-000223)(Young, R.) (Entered: 12/14/2023) |
| 12/21/2023 | 84 | Stipulated MOTION for Extension of Time Respond to Motion for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. Motions referred to Paul Kohler.(Mejia, John) (Entered: 12/21/2023) |
| 12/22/2023 | 85 | DOCKET TEXT ORDER granting 84 Motion for Extension of Time. Plaintiffs’ deadline to respond to Defendants’ 83 Motion for Partial Summary Judgment is extended to January 26, 2024. Signed by Judge David Nuffer on 12/22/2023. No attached document. (apm) (Entered: 12/22/2023) |
| 01/09/2024 | 86 | Defendant’s MOTION to Stay Discovery filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit New Ordinance, # 2 Exhibit PL ID, # 3 Exhibit DEF ID, # 4 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 01/09/2024) |
| 01/12/2024 | 87 | NOTICE OF FILING of Defendants’ Deposition Plan filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Young, R.) (Entered: 01/12/2024) |
| 01/12/2024 | 88 | NOTICE OF FILING of Plaintiffs’ Plan for Depositions filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 01/12/2024) |
| 01/16/2024 | 89 | Plaintiff’s MEMORANDUM in Opposition re 86 Defendant’s MOTION to Stay Discovery filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Creelan, Jeremy) (Entered: 01/16/2024) |
| 01/17/2024 | 90 | ORDER granting 86 Motion to Stay Discovery pending ruling on 83 Motion for Partial Summary Judgment. Signed by Magistrate Judge Paul Kohler on 1/17/24 (alt) (Entered: 01/17/2024) |
| 01/26/2024 | 91 | MEMORANDUM in Opposition re 83 Defendant’s MOTION for Partial Summary Judgment on Plaintiffs’ Claims for Injunctive and Declaratory Relief / Plaintiffs’ Opposition to Defendants’ Motion for Partial Summary Judgment filed by Plaintiffs Mitski Avalox, Southern Utah Drag Stars. (Attachments: # 1 Exhibit – Declaration of Mitski Avalox)(Creelan, Jeremy) (Entered: 01/26/2024) |
| 02/06/2024 | 92 | Stipulated MOTION for Extension of Time to File Response/Reply as to 83 Defendant’s MOTION for Partial Summary Judgment on Plaintiffs’ Claims for Injunctive and Declaratory Relief filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul Kohler.(Young, R.) (Entered: 02/06/2024) |
| 02/06/2024 | 93 | DOCKET TEXT ORDER granting 92 Motion for Extension of Time to File Response/Reply as to 83 Defendant’s MOTION for Partial Summary Judgment on Plaintiffs’ Claims for Injunctive and Declaratory Relief. Replies due by 2/16/2024. Defendants’ deadline to file a reply to the 83 Motion for Partial Summary Judgment is extended to February 16, 2024. Signed by Judge David Nuffer on 02/06/2024. No attached document. (apm) (Entered: 02/06/2024) |
| 02/16/2024 | 94 | MEMORANDUM in Support re 83 Defendant’s MOTION for Partial Summary Judgment on Plaintiffs’ Claims for Injunctive and Declaratory Relief filed by Defendants City Counsel of St. George, City of St. George, Jimmie Hughes, Dannielle Larkin, Natalie Larsen, Gregg McArthur, Michele Randall, Michelle Tanner, John Willis. (Attachments: # 1 Exhibit Minutes, # 2 Exhibit Public Notices, # 3 Exhibit Notice of Approved Ordinance)(Young, R.) (Entered: 02/16/2024) |
| 02/27/2024 | 95 | MEMORANDUM DECISION AND ORDER granting in part and denying in part 67 Motion for Judgment on the Pleadings: Plaintiffs’ claims against the City Council are dismissed with prejudice and Plaintiffs’ 42:1983 claims against the Individual Defendants are dismissed without prejudice; motion is denied as to Utah State Constitution claims against the Individual Defendants and City Council and Individual Defendants’ request for attorneys’ fees under 28:1927. Signed by Judge David Nuffer on 2/27/24 (alt) (Entered: 02/27/2024) |
| 02/27/2024 | Modification of Docket. Error: Dft name was incorrectly entered as “City Counsel of St. George” at case opening. Correction: Dft name corrected to “City Council of St George”. (alt) (Entered: 02/27/2024) | |
| 04/09/2024 | 96 | NOTICE of SUPPLEMENTAL AUTHORITY by Mitski Avalox, Southern Utah Drag Stars (Creelan, Jeremy) (Entered: 04/09/2024) |
Last updated 04/17/2023
Reconciled with online docket 04/09/2024