Schwenke v. State of Utah

Federal Civil Lawsuit Utah District Court, Case No. 2:17-cv-00833
Magistrate Judge David Nuffer, presiding
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Magistrate Judge David Nuffer
Last Updated July 30, 2025 at 1:11 AM EDT (7.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
Plaintiff: Alapati Paul Schwenke, Anonymized Party [A9CB0BE], James Young, State of Utah
Defendant: Anonymized Party [C91E15D], E. Neal Gunnarson, Mark Shurtleff
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit Civil Rights: Other
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Monetary Demand $50,000,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 30 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
JUDGMENT: Plaintiff's Amended Petition is dismissed with prejudice as to State of Utah, E. Neal Gunnarson, and Mark Shurtleff, and dismissed without prejudice as to C91E15D - CASE CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge David Nuffer on 7/27/18 (alt)
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Legal Document (Payment Possibly Required) 29 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
MEMORANDUM DECISION AND ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS: Plaintiff's claims against Defendant C91E15D are dismissed without prejudice. Signed by Judge David Nuffer on 7/27/18 (alt)
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Legal Document (Payment Possibly Required) 28 Filed: 7/5/2018, Entered: 7/5/2018 Court Filing
REPORT AND RECOMMENDATIONS: Magistrate Judge recommends dismissal of Plaintiff's claims against Defendant C91E15D. Signed by Magistrate Judge Dustin B. Pead on 7/3/18 (alt)
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Legal Document (Payment Possibly Required) 27 Filed: 4/19/2018, Entered: 4/19/2018 Court Filing
ORDER TO SHOW CAUSE - Plaintiff is directed to show cause by no later than 4/30/18, why his complaint against Mr. C91E15D should not be dismissed for failure to effect timely service. Failure to do so may result in a recommendation for dismissal of the action against Mr. C91E15D. Signed by Magistrate Judge Dustin B. Pead on 4/19/18 (alt)
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Legal Document (Payment Possibly Required) 26 Filed: 12/6/2017, Entered: 12/7/2017
Mail resent to A9CB0BE Returned as Undeliverable. Mail to be resent to new PO Box address received on 11/29/17. (alt) Modified on 12/7/2017: corrected 'Date Filed' (alt)
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Legal Document (Payment Possibly Required) 25 Filed: 11/30/2017, Entered: 11/30/2017
RESPONSE re 24 Request,(Plaintiff's Request to Dismiss) filed by E. Neal Gunnarson, Mark Shurtleff, State of Utah. (Goff, Darin)
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Legal Document (Payment Possibly Required) 24 Filed: 11/29/2017, Entered: 11/29/2017
REQUEST for Dismissal filed by Plaintiff A9CB0BE (alt)
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Legal Document (Payment Possibly Required) 23 Filed: 11/16/2017, Entered: 11/22/2017
Mail sent to A9CB0BE Returned as Undeliverable/Box Closed. Documents 4 , 8 , 10 , 12 , 14 , 18 , 20 , 21 , 22 have been re-mailed to address listed in White Pages: 3474 Chaparral Dr, St George, UT 84790-7560 (alt)
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Legal Document (Payment Possibly Required) 22 Filed: 11/6/2017, Entered: 11/6/2017 Court Filing
MEMORANDUM DECISION AND ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS re granting 9 Motion to Dismiss and denying 17 Motion for Partial Summary Judgment. Amended complaint is dismissed with prejudice as to State Defendants State of Utah, E. Neal Gunnarson, and Mark Shurtleff. Signed by Judge David Nuffer on 11/6/17 (alt) Modifiedby correcting link to R&R on 6/18/2019 (rks).
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Legal Document (Payment Possibly Required) 21 Filed: 10/16/2017, Entered: 10/16/2017 Court Filing
AMENDED REPORT AND RECOMMENDATIONS re 9 MOTION to Dismiss, 17 STATE COURT MOTION for Partial Summary Judgment, 19 MOTION to Stay Response: Magistrate Judge recommends granting 9 Motion, denying 17 Motion originally filed in State Court; 19 Motion is moot. Signed by Magistrate Judge Dustin B. Pead on 10/16/17 (alt)
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Legal Document (Payment Possibly Required) 20 Filed: 10/13/2017, Entered: 10/13/2017 Court Filing
REPORT AND RECOMMENDATIONS re 9 MOTION to Dismiss, 17 STATE COURT MOTION for Partial Summary Judgment, 19 MOTION to Stay Response: magistrate recommends granting 9 Motion, denying 17 State Court Motion; 19 Motion is moot. Signed by Magistrate Judge Dustin B. Pead on 10/13/17 (alt)
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Legal Document (Payment Possibly Required) 19 Filed: 9/26/2017, Entered: 9/26/2017
MOTION to Stay Response to Plaintiff's Motion for Partial Summary Judgment filed by Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah. Motions referred to Dustin B. Pead.(Goff, Darin)
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Blank  Filed: 9/6/2017, Entered: 9/6/2017
The 9/13/2017 Initial Pretrial Conference is stricken per 18 Order (alt)
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Legal Document (Payment Possibly Required) 18 Filed: 9/6/2017, Entered: 9/6/2017 Court Filing
ORDER granting 11 Motion to Vacate/Strike IPT Conference; granting 11 Motion to Stay Discovery. Signed by Magistrate Judge Dustin B. Pead on 9/6/17 (alt)
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Legal Document (Payment Possibly Required) 17 Filed: 9/5/2017, Entered: 9/5/2017
STATE COURT MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff A9CB0BE. Motion referred to Dustin B. Pead (motion originally filed in state court on 6/12/17) (alt)
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Legal Document (Payment Possibly Required) 16 Filed: 9/5/2017, Entered: 9/5/2017
File Downloaded from XChangeWEB for 5th District Court, Washington County, consisting of copies of docket sheet and documents filed in state court (Attachments: # 1 State Court Petition for Freedom & Damages, # 2 State Court Order Waiving Filing Fees, # 3 State Court Motion & Memo for Partial Summary Jgm, # 4 State Court Request for Ruling, # 5 State Court Amended Petition for Freedom & Damages, # 6 State Court Request for Ruling, # 7 State Court Ntc of Removal) (alt)
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Legal Document (Payment Possibly Required) 15 Filed: 8/30/2017, Entered: 8/30/2017
NOTICE of Unavailability by E. Neal Gunnarson, Mark Shurtleff, State of Utah (Goff, Darin)
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Blank 14 Filed: 8/23/2017, Entered: 8/23/2017 Court Filing
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. Motions referred to Dustin B. Pead. So ordered by Judge David Nuffer on 8/23/17 (docket text only - no attached document) (alt)
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Blank 13 Filed: 8/22/2017, Entered: 8/22/2017 Court Filing
After review of the case, case reassigned to District Judge per 12 Docket Text Order. Case randomly assigned to Judge David Nuffer. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las)
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Blank 12 Filed: 8/21/2017, Entered: 8/21/2017 Court Filing
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the pending Motion to Dismiss 9 , consent to the jurisdiction of a Magistrate Judge is not feasible at this time. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Brooke C. Wells on 8/21/17. No attached document. (ems)
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Legal Document (Payment Possibly Required) 11 Filed: 8/15/2017, Entered: 8/15/2017
MOTION to Vacate Initial Pretrial Conference, MOTION to Stay Discovery filed by Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah. (Goff, Darin)
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Blank 10 Filed: 8/1/2017, Entered: 8/1/2017 Court Filing
NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 9/13/2017 at 12:30 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
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Legal Document (Payment Possibly Required) 9 Filed: 7/31/2017, Entered: 7/31/2017
MOTION to Dismiss and Memorandum in Support filed by Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah. (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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Goff, Darin)
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Legal Document (Payment Possibly Required) 8 Filed: 7/27/2017, Entered: 7/27/2017
CLERKS ORDER - Defendants State of Utah, E. Neal Gunnarson and Mark Shurtleff, shall file an answer or other response to Plaintiffs Amended Petition on or before August 11, 2017 signed by Anne Morgan, Answer deadline updated for E. Neal Gunnarson answer due 8/11/2017; Mark Shurtleff answer due 8/11/2017; State of Utah answer due 8/11/2017. (las)
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Legal Document (Payment Possibly Required) 7 Filed: 7/26/2017, Entered: 7/26/2017
NOTICE of Unavailability by E. Neal Gunnarson, Mark Shurtleff, State of Utah (Goff, Darin)
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Legal Document (Payment Possibly Required) 6 Filed: 7/26/2017, Entered: 7/26/2017
MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Petition filed by Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah. (Attachments: # 1 Text of Proposed Order)(Goff, Darin)
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Legal Document (Payment Possibly Required) 5 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las)
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Legal Document (Payment Possibly Required) 4 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE OF ADR, e-mailed or mailed to Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah, Plaintiff A9CB0BE. (tlh)
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Legal Document (Payment Possibly Required) 3 Filed: 7/21/2017, Entered: 7/21/2017
CERTIFICATE OF SERVICE by E. Neal Gunnarson, Mark Shurtleff, State of Utah re 2 Notice of Removal, (Goff, Darin)
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Legal Document (Payment Possibly Required) 2 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
NOTICE OF REMOVAL from Fifth District Court, Washington County, case number 170500102, (Filing fee $ 400, receipt number 1088-2804593) filed by Mark Shurtleff, E. Neal Gunnarson, State of Utah. (Attachments: # 1 Exhibit Petition for Freedom and Damages, # 2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (Goff, Darin)
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Legal Document (Payment Possibly Required) 1 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendants E. Neal Gunnarson, Mark Shurtleff, State of Utah is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh)
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