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Date: 11-14-2022
Case Style:
Cynthia Stella v. Davis County, Utah, et al.
Case Number: 1:18-cv-00002
Judge: Jill N. Parrish
Court: United States District Court for the District of Utah (Salt Lake County)
Plaintiff's Attorney:
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Defendant's Attorney: Jesse C. Trentadue, Michael W. Homer, Noah M. Hoagland, Robert J. Brennan
Description: Salt Lake City, Utah personal injury lawyer represented Plaintiff, who sued Defendants on civil rights wrongful death theories under 42 U.Sc. 1983 claiming that her daughter died as a result of deliberate indifference on the part of employees of Davis County Utah.
Heather Ashton Miller, age 28, fell from her top bunk at the jail and ruptured her spleen, but received no medical care.
09/13/2022 240 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 3/30/2021 before Judge Jill N. Parrish. Court Reporter/Transcriber Kelly Hicken, Telephone number (801)521-7238.
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 10/4/2022. Redacted Transcript Deadline set for 10/25/2022. Release of Transcript Restriction set for 12/12/2022. (alf) Modified on 9/15/2022 to correct typo (alf). (Entered: 09/13/2022)
09/13/2022 242 **SEALED DOCUMENT** Jury Questionnaires. (lwh) (Entered: 09/13/2022)
09/13/2022 243 Jury Instructions. (lwh) (Entered: 09/13/2022)
09/14/2022 244 MEMORANDUM DECISION AND ORDER : The Court holds that defendant Anderson is not entitled to qualified immunity. Signed by Judge Jill N. Parrish on 9/13/2022. (alf) (Entered: 09/14/2022)
09/15/2022 245 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on January 6, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801)364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 246 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 1 held on July 18, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 247 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 2 held on July 19,2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 248 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 3 held on July 20, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 249 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 4 held on July 21, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 250 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 5 held on July 22,2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/27/2022 252 JUDGMENT: the issues have been tried and the jury has rendered its verdict.
Judgment is entered in favor of The Estate of Heather Miller and against Mavin Anderson in the amount of $300,000 in compensatory damages;
judgment is entered in favor of The Estate of Heather Miller and against Davis County in the amount of $7,700,000 in compensatory damage;
judgment is entered in favor of James Ondricek, Todd Richardson on The Estate of Heather Miller's claims against them; judgment is entered in favor of Davis County, James Ondricek, Mavin Anderson, Todd Richardson on Cynthia Stella's claims against them - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Jill N. Parrish on 9/27/22 (alt) (Entered: 09/27/2022)
10/05/2022 253 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit A - Declaration of Daniel Baczynski, # 2 Exhibit B - Declaration of Tad Draper, # 3 Exhibit C - Declaration of Cynthia Stella, # 4 Exhibit D - Affidavit of Colin King)(Baczynski, Daniel) (Entered: 10/05/2022)
10/11/2022 254 BILL OF COSTS filed by Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit Invoices and Receipts)(Baczynski, Daniel) (Entered: 10/11/2022)
10/12/2022 255 OBJECTIONS to 253 MOTION for Attorney Fees and Memorandum in Support filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Attachments: # 1 Exhibit 1 - Baczynski Summary, # 2 Exhibit 2 - Draper Summary)(Trentadue, Jesse) (Entered: 10/12/2022)
10/20/2022 256 OBJECTIONS to 254 Bill of Costs filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 10/20/2022)
10/21/2022 257 MOTION to Alter Judgment and Memorandum in Support , MOTION for Judgment as a Matter of Law and Memorandum in Support , MOTION for New Trial and Memorandum in Support , MOTION Oral Argument and Memorandum in Support filed by Defendant Davis County. (Attachments: # 1 Exhibit A - Curtis Koch Declaration)(Trentadue, Jesse) (Entered: 10/21/2022)
10/23/2022 258 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support , MOTION to Alter Judgment and Memorandum in Support , MOTION for Judgment as a Matter of Law and Memorandum in Support , MOTION for New Trial and Memorandum in Support filed by Defendant Mavin Anderson. (Trentadue, Jesse) (Entered: 10/23/2022)
10/25/2022 259 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support re Prejudgment Interest filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 10/25/2022)
10/26/2022 260 REPLY to Response to Motion re 253 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit 1 - Corrected Declaration of Tad Draper, # 2 Exhibit 2 - Corrected Declaration of Cynthia Stella)(Baczynski, Daniel) (Entered: 10/26/2022)
10/27/2022 261 Stipulated MOTION for Extension of Time to File Response/Reply as to 254 Bill of Costs and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Text of Proposed Order)(Baczynski, Daniel) (Entered: 10/27/2022)
10/31/2022 262 ORDER granting 261 laintiffs Stipulated Motion to Extend Plaintiffs' Deadline to File a Reply to their Bill of Cost. Reply due by 10/31/2022. Signed by Judge Jill N. Parrish on 10/31/22. (dla) (Entered: 10/31/2022)
10/31/2022 263 REPLY BRIEF re 256 Objections to Bill of Cost filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit 1 - Deposition Costs, # 2 Exhibit 2 - Trial Exhibit Printing Costs)(Baczynski, Daniel) (Entered: 10/31/2022)
11/02/2022 264 OBJECTIONS to 260 Reply Memorandum/Reply to Response to Motion, filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/02/2022)
11/04/2022 265 Stipulated MOTION for Extension of Time to File Response/Reply as to 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Text of Proposed Order)(Baczynski, Daniel) (Entered: 11/04/2022)
11/07/2022 266 OBJECTIONS to 263 Reply Brief re: Bill of Costs filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/07/2022)
11/07/2022 267 ORDER granting 265 Stipulated Motion to Extend Plaintiffs' Deadline to File a Response to Davis County's Motion to Alter the Judgment/Motion for New Trial. 257 Plaintiffs are ORDERED to file their Opposition on or before November 11, 2022. Signed by Judge Jill N. Parrish on 11/7/22. (dla) (Entered: 11/07/2022)
11/07/2022 268 MEMORANDUM in Opposition re 258 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/07/2022)
11/08/2022 269 MEMORANDUM in Opposition re 259 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support re Prejudgment Interest filed by Defendants Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/08/2022)
11/09/2022 270 REPLY BRIEF re 264 Objections to Exhibits in Plaintiffs' Reply Brief to Motion for Attorneys' Fees filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/09/2022)
11/11/2022 271 MEMORANDUM in Opposition re 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/11/2022)
11/14/2022 272 Stipulated MOTION for Extension of Time to File Response/Reply as to 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support filed by Defendants Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Attachments: # 1 Text of Proposed Order)(Trentadue, Jesse) (Entered: 11/14/2022)
11/14/2022 273 ORDER granting 272 Motion for an Extension of Time to File a Reply Memorandum for its Motion to Alter Judgment. Signed by Judge Jill N. Parrish on 11/14/22. (dla) (Entered: 11/14/2022)
11/14/2022 274 MOTION for Leave to File Excess Pages and Memorandum in Support re: Opposition to Davis County's Post Trial Motion filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/14/2022)
11/14/2022 275 REPLY BRIEF re 266 Objections re: Reply Brief to Bill of Costs filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/14/2022)
Outcome: JUDGMENT: the issues have been tried and the jury has rendered its verdict.
Judgment is entered in favor of The Estate of Heather Miller and against Mavin Anderson in the amount of $300,000 in compensatory damages;
judgment is entered in favor of The Estate of Heather Miller and against Davis County in the amount of $7,700,000 in compensatory damage;
judgment is entered in favor of James Ondricek, Todd Richardson on The Estate of Heather Miller's claims against them; judgment is entered in favor of Davis County, James Ondricek, Mavin Anderson, Todd Richardson on Cynthia Stella's claims against them - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Jill N. Parrish on 9/27/22 (alt) (Entered: 09/27/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: Jesse C. Trentadue, Michael W. Homer, Noah M. Hoagland, Robert J. Brennan
Description: Salt Lake City, Utah personal injury lawyer represented Plaintiff, who sued Defendants on civil rights wrongful death theories under 42 U.Sc. 1983 claiming that her daughter died as a result of deliberate indifference on the part of employees of Davis County Utah.
Heather Ashton Miller, age 28, fell from her top bunk at the jail and ruptured her spleen, but received no medical care.
09/13/2022 240 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 3/30/2021 before Judge Jill N. Parrish. Court Reporter/Transcriber Kelly Hicken, Telephone number (801)521-7238.
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 10/4/2022. Redacted Transcript Deadline set for 10/25/2022. Release of Transcript Restriction set for 12/12/2022. (alf) Modified on 9/15/2022 to correct typo (alf). (Entered: 09/13/2022)
09/13/2022 242 **SEALED DOCUMENT** Jury Questionnaires. (lwh) (Entered: 09/13/2022)
09/13/2022 243 Jury Instructions. (lwh) (Entered: 09/13/2022)
09/14/2022 244 MEMORANDUM DECISION AND ORDER : The Court holds that defendant Anderson is not entitled to qualified immunity. Signed by Judge Jill N. Parrish on 9/13/2022. (alf) (Entered: 09/14/2022)
09/15/2022 245 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on January 6, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801)364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 246 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 1 held on July 18, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 247 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 2 held on July 19,2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 248 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 3 held on July 20, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 249 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 4 held on July 21, 2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/15/2022 250 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 5 held on July 22,2022 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, Telephone number (801) 364-5440.
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 10/6/2022. Redacted Transcript Deadline set for 10/27/2022. Release of Transcript Restriction set for 12/14/2022. (alf) (Entered: 09/15/2022)
09/27/2022 252 JUDGMENT: the issues have been tried and the jury has rendered its verdict.
Judgment is entered in favor of The Estate of Heather Miller and against Mavin Anderson in the amount of $300,000 in compensatory damages;
judgment is entered in favor of The Estate of Heather Miller and against Davis County in the amount of $7,700,000 in compensatory damage;
judgment is entered in favor of James Ondricek, Todd Richardson on The Estate of Heather Miller's claims against them; judgment is entered in favor of Davis County, James Ondricek, Mavin Anderson, Todd Richardson on Cynthia Stella's claims against them - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Jill N. Parrish on 9/27/22 (alt) (Entered: 09/27/2022)
10/05/2022 253 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit A - Declaration of Daniel Baczynski, # 2 Exhibit B - Declaration of Tad Draper, # 3 Exhibit C - Declaration of Cynthia Stella, # 4 Exhibit D - Affidavit of Colin King)(Baczynski, Daniel) (Entered: 10/05/2022)
10/11/2022 254 BILL OF COSTS filed by Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit Invoices and Receipts)(Baczynski, Daniel) (Entered: 10/11/2022)
10/12/2022 255 OBJECTIONS to 253 MOTION for Attorney Fees and Memorandum in Support filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Attachments: # 1 Exhibit 1 - Baczynski Summary, # 2 Exhibit 2 - Draper Summary)(Trentadue, Jesse) (Entered: 10/12/2022)
10/20/2022 256 OBJECTIONS to 254 Bill of Costs filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 10/20/2022)
10/21/2022 257 MOTION to Alter Judgment and Memorandum in Support , MOTION for Judgment as a Matter of Law and Memorandum in Support , MOTION for New Trial and Memorandum in Support , MOTION Oral Argument and Memorandum in Support filed by Defendant Davis County. (Attachments: # 1 Exhibit A - Curtis Koch Declaration)(Trentadue, Jesse) (Entered: 10/21/2022)
10/23/2022 258 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support , MOTION to Alter Judgment and Memorandum in Support , MOTION for Judgment as a Matter of Law and Memorandum in Support , MOTION for New Trial and Memorandum in Support filed by Defendant Mavin Anderson. (Trentadue, Jesse) (Entered: 10/23/2022)
10/25/2022 259 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support re Prejudgment Interest filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 10/25/2022)
10/26/2022 260 REPLY to Response to Motion re 253 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit 1 - Corrected Declaration of Tad Draper, # 2 Exhibit 2 - Corrected Declaration of Cynthia Stella)(Baczynski, Daniel) (Entered: 10/26/2022)
10/27/2022 261 Stipulated MOTION for Extension of Time to File Response/Reply as to 254 Bill of Costs and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Text of Proposed Order)(Baczynski, Daniel) (Entered: 10/27/2022)
10/31/2022 262 ORDER granting 261 laintiffs Stipulated Motion to Extend Plaintiffs' Deadline to File a Reply to their Bill of Cost. Reply due by 10/31/2022. Signed by Judge Jill N. Parrish on 10/31/22. (dla) (Entered: 10/31/2022)
10/31/2022 263 REPLY BRIEF re 256 Objections to Bill of Cost filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Exhibit 1 - Deposition Costs, # 2 Exhibit 2 - Trial Exhibit Printing Costs)(Baczynski, Daniel) (Entered: 10/31/2022)
11/02/2022 264 OBJECTIONS to 260 Reply Memorandum/Reply to Response to Motion, filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/02/2022)
11/04/2022 265 Stipulated MOTION for Extension of Time to File Response/Reply as to 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Attachments: # 1 Text of Proposed Order)(Baczynski, Daniel) (Entered: 11/04/2022)
11/07/2022 266 OBJECTIONS to 263 Reply Brief re: Bill of Costs filed by Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/07/2022)
11/07/2022 267 ORDER granting 265 Stipulated Motion to Extend Plaintiffs' Deadline to File a Response to Davis County's Motion to Alter the Judgment/Motion for New Trial. 257 Plaintiffs are ORDERED to file their Opposition on or before November 11, 2022. Signed by Judge Jill N. Parrish on 11/7/22. (dla) (Entered: 11/07/2022)
11/07/2022 268 MEMORANDUM in Opposition re 258 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/07/2022)
11/08/2022 269 MEMORANDUM in Opposition re 259 MOTION to Amend/Correct 252 Judgment,,, and Memorandum in Support re Prejudgment Interest filed by Defendants Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Trentadue, Jesse) (Entered: 11/08/2022)
11/09/2022 270 REPLY BRIEF re 264 Objections to Exhibits in Plaintiffs' Reply Brief to Motion for Attorneys' Fees filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/09/2022)
11/11/2022 271 MEMORANDUM in Opposition re 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/11/2022)
11/14/2022 272 Stipulated MOTION for Extension of Time to File Response/Reply as to 257 MOTION to Alter Judgment and Memorandum in Support MOTION for Judgment as a Matter of Law and Memorandum in Support MOTION for New Trial and Memorandum in Support MOTION Oral Argument and Memorandum in Support filed by Defendants Mavin Anderson, Davis County, James Ondricek, Todd Richardson. (Attachments: # 1 Text of Proposed Order)(Trentadue, Jesse) (Entered: 11/14/2022)
11/14/2022 273 ORDER granting 272 Motion for an Extension of Time to File a Reply Memorandum for its Motion to Alter Judgment. Signed by Judge Jill N. Parrish on 11/14/22. (dla) (Entered: 11/14/2022)
11/14/2022 274 MOTION for Leave to File Excess Pages and Memorandum in Support re: Opposition to Davis County's Post Trial Motion filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/14/2022)
11/14/2022 275 REPLY BRIEF re 266 Objections re: Reply Brief to Bill of Costs filed by Plaintiffs Estate of Heather Miller, The, Cynthia Stella. (Baczynski, Daniel) (Entered: 11/14/2022)
Outcome: JUDGMENT: the issues have been tried and the jury has rendered its verdict.
Judgment is entered in favor of The Estate of Heather Miller and against Mavin Anderson in the amount of $300,000 in compensatory damages;
judgment is entered in favor of The Estate of Heather Miller and against Davis County in the amount of $7,700,000 in compensatory damage;
judgment is entered in favor of James Ondricek, Todd Richardson on The Estate of Heather Miller's claims against them; judgment is entered in favor of Davis County, James Ondricek, Mavin Anderson, Todd Richardson on Cynthia Stella's claims against them - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Jill N. Parrish on 9/27/22 (alt) (Entered: 09/27/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: