Case details

Court: utd
Docket #: 2:13-cv-01131
Case Name: Zimmerman v. University of Utah
PACER case #: 91577
Date filed: 2013-12-27
Assigned to: Judge Jill N. Parrish
Referred to: Magistrate Judge Brooke C. Wells
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Judith Pinborough Zimmerman
Plaintiff
Ph.D.
April L. Hollingsworth
HOLLINGSWORTH LAW OFFICE LLC 1115 S 900 E SALT LAKE CITY, UT 84105 (801)415-9909 Email: april@aprilhollingsworthlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa R. Petersen
MICHAEL BEST & FRIEDRICH LLP 6995 UNION PARK CTR STE 100 SALT LAKE CITY, UT 84047 (801)833-0500 Email: lrpetersen@michaelbest.com
TERMINATED: 09/10/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ashley Frances Leonard
HOLLINGSWORTH LAW OFFICE LLC 1115 S 900 E SALT LAKE CITY, UT 84105 (801)415-9909 Email: ashley@aprilhollingsworthlaw.com
ATTORNEY TO BE NOTICED

Melyssa D. Davidson
WRONA GORDON & DUBOIS PC 1745 SIDEWINDER DR PARK CITY, UT 84060 (435)649-2525 Email: Davidson@wgdlawfirm.com
TERMINATED: 05/09/2014 ATTORNEY TO BE NOTICED

University of Utah
Defendant
Jeffrey Robinson
UTAH ATTORNEY GENERAL'S OFFICE 160 E 300 S 6TH FLR PO BOX 140856 SALT LAKE CITY, UT 84114-0856 (801)366-0100 Email: jeffreyrobinson@utah.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Yvette D. Donosso
UTAH ATTORNEY GENERAL'S OFFICE (160-6-140856) LITIGATION UNIT 160 E 300 S 6TH FL PO BOX 140856 SALT LAKE CITY, UT 84114-0856 (801)366-0100 Email: ydonosso@utah.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William McMahon
Defendant
PhD
Jeffrey Robinson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Yvette D. Donosso
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-12-27 1 0 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Judith Pinborough Zimmerman is directed to E-File the Complaint 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. 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. (blh) (Entered: 12/27/2013)
2013-12-27 2 0 COMPLAINT Verified Complaint against University of Utah (Filing fee $ 400, receipt number 1088-1969867), filed by Judith Pinborough Zimmerman. (Attachments: # 1 Exhibit A - Notice of Claim, # 2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Petersen, Lisa) (Entered: 12/27/2013)
2014-01-15 3 0 WAIVER OF SERVICE Returned Executed filed by Judith Pinborough Zimmerman as to University of Utah Waiver sent on 1/8/2014, answer due 3/10/2014. (Petersen, Lisa) (Entered: 01/15/2014)
2014-03-07 4 0 ANSWER to Complaint filed by University of Utah.(Donosso, Yvette) (Entered: 03/07/2014)
2014-03-10 5 0 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant University of Utah, Plaintiff Judith Pinborough Zimmerman. Form due by 3/25/2014. (las) (Entered: 03/10/2014)
2014-03-10 6 0 NOTICE OF ADR, e-mailed or mailed to Defendant University of Utah, Plaintiff Judith Pinborough Zimmerman. (las) (Entered: 03/10/2014)
2014-03-10 7 0 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) (Entered: 03/10/2014)
2014-03-10 8 0 RECEIVED Consent/Reassignment Form from Defendant University of Utah. (las) (Entered: 03/10/2014)
2014-03-10 9 0 RECEIVED Consent/Reassignment Form from Plaintiff Judith Pinborough Zimmerman. (las) (Entered: 03/17/2014)
2014-03-17 10 0 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Paul M. Warner no longer assigned to the case. (las) (Entered: 03/17/2014)
2014-03-19 11 0 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 3/19/2014. (aw) (Entered: 03/19/2014)
2014-03-24 12 0 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, 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/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 5/14/2014 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (jds) (Entered: 03/24/2014)
2014-04-21 13 0 REPORT OF ATTORNEY PLANNING MEETING. (Petersen, Lisa) (Entered: 04/21/2014)
2014-05-01 14 0 Stipulated MOTION for Extension of Time to Serve Initial Disclosures and Memorandum in Support filed by Defendant University of Utah. (Attachments: # 1 Exhibit A - Text of Proposed Order) Motions referred to Dustin B. Pead.(Donosso, Yvette) (Entered: 05/01/2014)
2014-05-05 15 0 ORDER granting Stipulated Joint 14 Motion for Extension of Time. The parties may have to, up to and including, Friday, May 23, 2014, within which to file their Initial Disclosures. Signed by Magistrate Judge Dustin B. Pead on 5/5/14. (jmr) (Entered: 05/05/2014)
2014-05-07 16 0 SCHEDULING ORDER and Order Vacating Hearing: Initial Pretrial Conference vacated. Amended Pleadings due by 6/5/2014. Joinder of Parties due by 6/5/2014. Discovery due by 1/9/2015. Motions due by 1/30/2015. Status Conference set for 1/21/2015 03:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Evelyn J. Furse on 5/6/14. (jmr) (Entered: 05/07/2014)
2014-05-08 17 0 MOTION to Withdraw as Attorney (Melyssa D. Davidson) filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Motion to Withdrawal as Counsel) Motions referred to Dustin B. Pead.(Davidson, Melyssa) (Entered: 05/08/2014)
2014-05-09 18 0 ORDER granting 17 Motion to Withdraw as Attorney. Attorney Melyssa D. Davidson withdrawn from case for Plaintiffs. Signed by Magistrate Judge Dustin B. Pead on 5/9/2014. (jwt) (Entered: 05/09/2014)
2014-05-16 19 0 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Clark Waddoups on 5/16/2014. (jds) (Entered: 05/16/2014)
2014-05-29 20 0 Defendant's MOTION for Protective Order and Memorandum in Support filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Donosso, Yvette) (Entered: 05/29/2014)
2014-05-30 21 0 PROTECTIVE ORDER. Signed by Magistrate Judge Dustin B. Pead on 5/20/14. (ss) (Entered: 05/30/2014)
2014-09-10 22 0 SUBSTITUTION OF COUNSEL Ashley Frances Leonard replacing Lisa R. Petersen as counsel on behalf of Judith Pinborough Zimmerman. (Leonard, Ashley) (Entered: 09/10/2014)
2014-09-10 23 0 NOTICE of Substitution of Counsel by Judith Pinborough Zimmerman (Hollingsworth, April) (Entered: 09/10/2014)
2014-09-25 24 0 Stipulated MOTION to Amend/Correct and Memorandum in Support Scheduling Order filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Exhibit A, Proposed Amended Scheduling Order) Motions referred to Dustin B. Pead.(Leonard, Ashley) Modified on 9/26/2014 to change to scheduling order (jmr). (Entered: 09/25/2014)
2014-09-26 25 0 Amended Scheduling ORDER - granting 24 Motion for Scheduling Order. Discovery due by 2/27/2014. Motions due by 4/24/2015. Signed by Magistrate Judge Dustin B. Pead on 9/26/14. (jmr) (Entered: 09/26/2014)
2015-01-14 26 0 First MOTION to Amend/Correct 2 Complaint, and Memorandum in Support filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Exhibit A, Amended Complaint, # 2 Exhibit B, Charge of Discrimination, # 3 Exhibit C, Notice of Request for Right to Sue Letter, # 4 Exhibit D, Right to Sue Letters, # 5 Text of Proposed Order) Motions referred to Dustin B. Pead.(Leonard, Ashley) (Entered: 01/14/2015)
2015-01-14 27 0 Stipulated MOTION to Amend/Correct 25 Order on Motion for Scheduling Order and Memorandum in Support filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Leonard, Ashley) Modified on 1/21/2015 to change to motion for scheduling order(jmr). (Entered: 01/14/2015)
2015-01-15 28 0 ORDER OF RECUSAL Magistrate Judge Dustin B. Pead recused. Case reassigned to Magistrate Judge Brooke C. Wells for all further proceedings. Signed by Magistrate Judge Dustin B. Pead on 01/15/2015. (tls) (Entered: 01/15/2015)
2015-01-15 29 0 MOTIONS REFERRED - 27 Stipulated MOTION to Amend/Correct 25 Order on Motion for Scheduling Order and Memorandum in Support , 26 First MOTION to Amend/Correct 2 Complaint, and Memorandum in Support Motions referred to Brooke C. Wells.(tls) (Entered: 01/15/2015)
2015-01-21 30 0 ORDER granting Stipulated 26 Motion to Amend/Correct. Plaintiff may file an amended complaint by January 23, 2015. Defendants have seven business days to file an answer after Plaintiff files the amended complaint. Signed by Magistrate Judge Brooke C. Wells on 1/21/15. (jmr) (Entered: 01/21/2015)
2015-01-21 31 0 SECOND AMENDED SCHEDULING ORDER granting 27 Motion for Scheduling Order. Fact Discovery due by 5/29/15. Expert Discovery due by 8/29/2015. Motions due by 7/3/2015. Status Conference set for 7/8/2015 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Brooke C. Wells on 1/21/15. (jmr) (Entered: 01/21/2015)
2015-01-22 32 0 AMENDED COMPLAINT against Judith Pinborough Zimmerman with Jury Demand. New Defendants: William McMahon, Ph.D.., filed by Judith Pinborough Zimmerman. (Attachments: # 1 Exhibit A, Charge of Discrimination, # 2 Exhibit B, Right to Sue Letters, # 3 Exhibit C, Notice of Claim) (Leonard, Ashley) (Entered: 01/22/2015)
2015-01-29 33 0 ANSWER to Complaint [First Amended] filed by University of Utah, William McMahon.(Donosso, Yvette) Modified on 2/10/2016: added second dft as filer of this Answer (alt) (Entered: 01/29/2015)
2015-01-30 34 0 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference. (jmr) (Entered: 01/30/2015)
2015-02-09 35 0 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, 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/documents/ipt.htmlIf 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 3/11/2015 at 11:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 02/09/2015)
2015-04-27 36 0 Third MOTION to Amend/Correct Scheduling Order and Memorandum in Support filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Donosso, Yvette) Modified on 4/28/2015 to change to Motion for Scheduling Order (jmr). (Entered: 04/27/2015)
2015-04-28 37 0 THIRD AMENDED SCHEDULING ORDER- granting 36 Motion for Scheduling Order. Expert Discovery due by 12/18/2015. Motions due by 11/20/2015. Status Conference set for 12/2/2015 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 4/28/15. (jmr) (Entered: 04/28/2015)
2015-07-28 38 0 NOTICE of Appearance by Jeffrey Robinson on behalf of University of Utah (Robinson, Jeffrey) (Entered: 07/28/2015)
2015-08-21 39 0 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Jill N. Parrish. Judge Clark Waddoups no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A) re 11 Order Referring Case to Magistrate Judge. Case number will now read 2:13-cv-01131-JNP-BCW. Please make changes to document captions accordingly. (rks) (Entered: 08/21/2015)
2015-09-24 40 0 MOTION to Compel Discovery and Memorandum in Support filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Appendix Exhibits A-D) Motions referred to Brooke C. Wells.(Leonard, Ashley) (Entered: 09/24/2015)
2015-09-28 41 0 DOCKET TEXT ORDER Pursuant to the Court's Short Form Discovery Motion Procedure 19 , the Court requests further briefing on 40 Plaintiff's MOTION to Compel Discovery and Memorandum in Support filed by Judith Pinborough Zimmerman. The Court Orders that the parties follow the standard motion briefing schedule set forth in DUCivR 7-1(b)(3)(B) of the United States District Court for the District of Utah Rules of Practice for this Motion. No attached document. Signed by Magistrate Judge Brooke C. Wells on 9/28/2015. (lam) (Entered: 09/28/2015)
2015-10-08 42 0 Defendant's MEMORANDUM in Opposition re 40 MOTION to Compel Discovery filed by Defendant University of Utah. (Attachments: # 1 Exhibit A - Deposition of Judith Zimmerman, # 2 Exhibit B - Declaration of Krista Pickens, # 3 Exhibit C - Email Correspondence, # 4 Exhibit D - Deposition of Deborah Bilder, # 5 Exhibit E - Invoice)(Robinson, Jeffrey) (Entered: 10/08/2015)
2015-10-26 43 0 REPLY to Response to Motion re 40 MOTION to Compel Discovery filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Appendix Exhibits 1-2)(Leonard, Ashley) (Entered: 10/26/2015)
2015-10-27 44 0 REQUEST to Submit for Decision re 40 MOTION to Compel Discovery filed by Plaintiff Judith Pinborough Zimmerman. (Leonard, Ashley) (Entered: 10/27/2015)
2015-11-18 45 0 NOTICE OF HEARING ON MOTION re: 40 MOTION to Compel Discovery : (Notice generated by bcw chambers) Motion Hearing set for 12/8/2015 at 02:30 PM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (lam) (Entered: 11/18/2015)
2015-11-20 46 0 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendant University of Utah, William McMahon. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit 1 - Zimmerman Deposition, # 3 Exhibit 2 - Non Renewal Letter Dec. 10, 2012, # 4 Exhibit 3 - McMahon Deposition, # 5 Exhibit 4 - Offer Letter Nov. 30, 2008, # 6 Exhibit 5 - Defendants' 1st Set of Req. for Admis, Interrog, and Req. for Documents, # 7 Exhibit 6 - Pls. Resp. to Defs. 1st Set of Interrrog, Req. for Production, Req. for Admis., # 8 Exhibit 7- Contract Between Plaintiff and University, # 9 Exhibit 8 - Declaration of Carrie Byington, # 10 Exhibit 9 - Email dated Aug. 3, 2012, # 11 Exhibit 10 - Outline of Expectations Letter, Jun. 27, 2011, # 12 Exhibit 11 - Dr. Bilder Letter, May 27, 2012)(Donosso, Yvette) Modified on 2/10/2016: added second filing party (alt) (Entered: 11/20/2015)
2015-12-07 47 0 WITHDRAWAL OF MOTION by Plaintiff Judith Pinborough Zimmerman re 40 MOTION to Compel Discovery filed by Judith Pinborough Zimmerman . (Leonard, Ashley) (Entered: 12/07/2015)
2015-12-07 48 0 Correspondence - Attached is an email chain that includes Judge Wells' chambers and Ashley Leonard. (las) (Entered: 12/08/2015)
2015-12-11 49 0 Joint MOTION for Extension of Time Deadlines for Briefing on Defendant's Motion for Summary Judgment filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Donosso, Yvette) (Entered: 12/11/2015)
2015-12-14 50 0 ORDER granting 49 Motion for Extension of Time. Signed by Magistrate Judge Brooke C. Wells on 12/11/15 (alt) (Entered: 12/14/2015)
2015-12-16 51 0 Fourth MOTION to Amend/Correct 37 Order on Motion for Scheduling Order, filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Donosso, Yvette) Modified event type on 12/16/2015 (jds). (Entered: 12/16/2015)
2015-12-16 52 0 ORDER granting 51 Motion to Amend Scheduling Order. Discovery due by 7/5/2016. Signed by Magistrate Judge Brooke C. Wells on 12/16/2015. (jds) (Entered: 12/16/2015)
2016-01-04 53 0 Plaintiff's MEMORANDUM in Opposition re 46 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Appendix Exhibit List, # 2 Exhibit A, Zimmerman curriculum vitae, # 3 Exhibit B, department chair letter, # 4 Exhibit C, Zimmerman deposition, # 5 Exhibit D, filed under seal, # 6 Exhibit E, Argoitia deposition, # 7 Exhibit F, Bilder deposition, # 8 Exhibit G, McMahon deposition, # 9 Exhibit H, Henderson deposition, # 10 Exhibit I, Declaration of Lyn Gardiner, # 11 Exhibit J, McMahon letter of rec, # 12 Exhibit K, Vivian Lee letter, # 13 Exhibit L, letters of recommendation, # 14 Exhibit M, emails with College of Health, # 15 Exhibit N, 2009 USOE letter, # 16 Exhibit O, April 2011 email to Botkin, # 17 Exhibit P, October 2011 letter to McMahon, # 18 Exhibit Q, Bakian deposition, # 19 Exhibit R, email re USOE contracts, # 20 Exhibit S, INC 1190 report log, # 21 Exhibit T, Scott Smith email to McMahon, # 22 Exhibit U, Oct. 16, 2012 redacted email, # 23 Exhibit V, October 2012 IRB completion letter, # 24 Exhibit W, audit office memo, # 25 Exhibit X, INC 1462 report log, # 26 Exhibit Y, July 2013 IRB completion letter, # 27 Exhibit Z, January 3, 2013, letter, # 28 Exhibit AA, December 13, 2012, letter, # 29 Exhibit BB, February 26, 2013, letter, # 30 Exhibit CC, CDC email, # 31 Exhibit DD, memo to staff, # 32 Exhibit EE, University response to HHS)(Leonard, Ashley) (Entered: 01/04/2016) 2016-04-01 16:22:28 b64ad68af4898373e21209dd58452c180880665c
53 1 Appendix Exhibit List
53 2 Exhibit A, Zimmerman curriculum vitae
53 3 Exhibit B, department chair letter
53 4 Exhibit C, Zimmerman deposition 2016-04-01 16:38:41 ff1e9a4e1b88c5df048ed85bda612e4bcff641ec
53 5 Exhibit D, filed under seal
53 6 Exhibit E, Argoitia deposition
53 7 Exhibit F, Bilder deposition
53 8 Exhibit G, McMahon deposition
53 9 Exhibit H, Henderson deposition
53 10 Exhibit I, Declaration of Lyn Gardiner
53 11 Exhibit J, McMahon letter of rec
53 12 Exhibit K, Vivian Lee letter
53 13 Exhibit L, letters of recommendation
53 14 Exhibit M, emails with College of Health
53 15 Exhibit N, 2009 USOE letter
53 16 Exhibit O, April 2011 email to Botkin
53 17 Exhibit P, October 2011 letter to McMahon
53 18 Exhibit Q, Bakian deposition
53 19 Exhibit R, email re USOE contracts
53 20 Exhibit S, INC 1190 report log
53 21 Exhibit T, Scott Smith email to McMahon
53 22 Exhibit U, Oct. 16, 2012 redacted email
53 23 Exhibit V, October 2012 IRB completion letter
53 24 Exhibit W, audit office memo
53 25 Exhibit X, INC 1462 report log
53 26 Exhibit Y, July 2013 IRB completion letter
53 27 Exhibit Z, January 3, 2013, letter
53 28 Exhibit AA, December 13, 2012, letter
53 29 Exhibit BB, February 26, 2013, letter
53 30 Exhibit CC, CDC email 2016-04-01 16:58:11 4e151a005b2811e208439a5aa181513769cffc77
53 31 Exhibit DD, memo to staff
53 32 Exhibit EE, University response to HHS
2016-01-04 54 0 **SEALED DOCUMENT** Exhibit D re 53 Memorandum in Opposition to Motionfiled by Plaintiff Judith Pinborough Zimmerman (Attachments: # 1 Exhibit D - October 2, 2012 Privacy & Security Office Determination) (blh) (Entered: 01/05/2016)
2016-01-28 55 0 Ex Parte (Not Sealed) MOTION for Leave to File Overlength Memorandum filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Donosso, Yvette) (Entered: 01/28/2016)
2016-01-29 56 0 Motions No Longer Referred: 55 Ex Parte (Not Sealed) MOTION for Leave to File Overlength Memorandum . Motion to be handled by District Judge because it relates to a dispositive motion. (lam) (Entered: 01/29/2016)
2016-01-29 57 0 Defendant's MOTION to Seal Document Exhibit 12 of Defendant's Reply Memorandum in Support of Motion for Summary Judgment filed by Defendant University of Utah. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Donosso, Yvette) (Entered: 01/29/2016)
2016-01-29 58 0 DOCKET TEXT ORDER granting 55 Motion for Leave to File Overlength Memorandum. Signed by Judge Jill N. Parrish on 1/29/16. No attached document. (ss) (Entered: 01/29/2016)
2016-02-01 59 0 REPLY to Response to Motion re 46 Defendant's MOTION for Summary Judgment filed by Defendant University of Utah, William McMahon. (Attachments: # 1 Exhibit Exhibit 12)(Donosso, Yvette) Modified on 2/10/2016: added second filing party (alt) (Entered: 02/01/2016)
59 1 Exhibit Exhibit 12
2016-02-08 60 0 Motions No Longer Referred: 57 Defendant's MOTION to Seal Document Exhibit 12 of Defendant's Reply Memorandum in Support of Motion for Summary Judgment. Motion will be handled by District Judge. (lam) (Entered: 02/08/2016)
2016-02-09 61 0 DOCKET TEXT ORDER granting 57 Motion to Seal Exhibit12 of Defendants Reply Memorandum in Support of Motion for Summary Judgment.Signed by Judge Jill N. Parrish on 2/8/16. No attached document. (ss) (Entered: 02/09/2016)
2016-02-09 62 0 NOTICE OF CONVENTIONAL FILING of Exhibit 12 filed by Defendant University of Utah re 59 Reply Memorandum/Reply to Response to Motion for Summary Judgment (Donosso, Yvette) (Entered: 02/09/2016)
2016-02-09 63 0 **SEALED DOCUMENT** SEALED EXHIBIT 12 TO 59 Reply Memorandum/Reply to Response re 46 MOTION for Summary Judgment filed by Defendants William McMahon, University of Utah (alt) Modified on 2/10/2016: corrected "Date Filed" (alt) (Entered: 02/10/2016)
2016-02-26 64 0 NOTICE OF HEARING ON MOTION re: 46 Defendant's MOTION for Summary Judgment : (Notice generated by ss) Motion Hearing set for 4/4/2016 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. (ss) (Entered: 02/26/2016)
2016-04-04 65 0 Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 4/4/2016 re 46 Defendant's MOTION for Summary Judgment filed by William McMahon, University of Utah. After hearing arguments from counsel, Court took the matter under advisement. Counsel are to file supplemental briefs as stated on the record by 4/11/16. Briefs are to be no longer then 5 pages. Attorney for Plaintiff: Ashley Leonard, Attorney for Defendant: Jeffrey Robinson and Yvette Donosso. Court Reporter: Ed Young.(ss) (Entered: 04/05/2016)
2016-04-11 66 0 Supplemental MEMORANDUM in Support re 46 Defendant's MOTION for Summary Judgment filed by Defendants William McMahon, University of Utah. (Attachments: # 1 Exhibit Declaration of Amy Wildermuth)(Donosso, Yvette) (Entered: 04/11/2016)
2016-04-11 67 0 Defendant's MOTION for Leave to File a Dispositive Motion and Memorandum in Support filed by Defendant University of Utah. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) Motions referred to Brooke C. Wells.(Donosso, Yvette) (Entered: 04/11/2016)
2016-04-11 68 0 Supplemental MEMORANDUM in Opposition re 46 Defendant's MOTION for Summary Judgment filed by Plaintiff Judith Pinborough Zimmerman. (Attachments: # 1 Exhibit 1, Defendants Responses to Plaintiffs First Set of Discovery, # 2 Exhibit 2, Dr. Zimmermans Responses to Defendants First Set of Discovery, # 3 Exhibit 3, Dec. 2012 retaliation complaint, # 4 Exhibit 4, University Policy 7-001)(Leonard, Ashley) (Entered: 04/11/2016)
2016-04-14 69 0 Motions No Longer Referred: 67 Defendant's MOTION for Leave to File a Dispositive Motion and Memorandum in Support Judge Parrish with handle this motion. (ss) (Entered: 04/14/2016)
2016-04-15 70 0 ORDER granting 67 Motion for Leave to File a Dispositive Motion. The University of Utah must file its Motion for Judgment on the Pleadings with the court by April 19, 2016. Plaintiff shall file an opposing memorandum, consisting of no more than 10 pages, by April 26, 2016. Plaintiff shall file an opposing memorandum, consisting of no more than 10 pages, by April 26, 2016. Signed by Judge Jill N. Parrish on 4/15/2016. (las) (Entered: 04/15/2016)
2016-04-15 71 0 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendant University of Utah. (Donosso, Yvette) (Entered: 04/15/2016)
2016-04-26 72 0 Plaintiff's MEMORANDUM in Opposition re 71 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support regarding Plaintiff's Twelfth cause of action filed by Plaintiff Judith Pinborough Zimmerman. (Leonard, Ashley) (Entered: 04/26/2016)
2016-04-29 73 0 REPLY to Response to Motion re 71 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants William McMahon, University of Utah. (Attachments: # 1 Exhibit Exhibit A)(Donosso, Yvette) (Entered: 04/29/2016) 2016-06-26 20:44:12 3cd8de9c3850f875bf4699fb7b1657c9d2f49d20
73 1 Exhibit Exhibit A
2016-05-23 74 0 NOTICE of SUPPLEMENTAL AUTHORITY by Judith Pinborough Zimmerman re 53 Memorandum in Opposition to Motion,,,,,, (Leonard, Ashley) (Entered: 05/23/2016) 2016-06-26 20:39:14 bbd9cb5c68702a72e92bb37e748f494d52f3723b
2016-07-01 75 0 MEMORANDUM DECISION granting in part and denying in part 46 Motion for Summary Judgment ; granting 71 Motion for Judgment on the Pleadings. Signed by Judge Jill N. Parrish on 7/1/16. (jlw) (Entered: 07/01/2016) 2016-07-05 11:45:16 27bfaafe5098d3b997b3a5aa3318eb2b44d43c6c
2016-07-01 76 0 Order of Certification of Issues to State Supreme Court: Under Rule 41 of the Utah Rules of Appellate Procedure, the United States District Court for the District of Utah requests that the Utah Supreme Court answer the following questions of Utah law: 1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or her employment will be terminated effective on a future date suffer an adverse employment action for purposes of the Utah Protection of Public Employees Act when he or she receives the notice, when the employment is actually terminated, or both? It is further ORDERED that the Clerk of this court transmit a copy of this certification to the parties and submit to the Utah Supreme Court a certified copy of this certification. Upon request by the Utah Supreme Court, this court further orders the Clerk to transmit to the Utah Supreme Court all or any portion of the record in this matter. Signed by Judge Jill N. Parrish on 7/1/16. (jlw) (Entered: 07/01/2016)
2016-07-01 77 0 NOTICE OF TRANSMITTAL that a certified copy of the docket sheet and order have been forwarded to the Utah Supreme Court. (jlw) (Entered: 07/01/2016)
2016-07-07 78 0 RECEIPT of order of certification from Utah Supreme Court. (jlw) (Entered: 07/07/2016)
2016-07-12 79 0 Correspondence to USDC from Utah Supreme Court. (jlw) (Entered: 07/12/2016)
2016-07-15 80 0 MOTION for Judgment on the Pleadings and Memorandum in Support (Partial) filed by Defendants William McMahon, University of Utah. (Donosso, Yvette) (Entered: 07/15/2016)
2016-07-25 81 0 NOTICE OF WITHDRAWAL OF COUNSEL of Ashley F. Leonard filed by Ashley Frances Leonard on behalf of Judith Pinborough Zimmerman (Leonard, Ashley) (Entered: 07/25/2016)
2016-08-09 82 0 NOTICE of Order of Acceptance from the Utah Supreme Court re 76 Certification of Issue to State Supreme Court. The certifying court has not filed any portion of its record in this matter with the Supreme Court. Within fourteen days of the date of receipt of this order, counsel for the parties shall advise the Court as to what portions of the record they believe necessary for consideration of the certified question. Following the expiration of the fourteen days, the Court will request those portions of the record from the USDC and provide notice to the parties as to a briefing schedule. (jlw) (Entered: 08/09/2016)
2016-08-10 83 0 TRANSCRIPT REQUEST by University of Utah for proceedings held on 04/04/2016 before Judge Parrish.. (Donosso, Yvette) (Entered: 08/10/2016)
2016-08-12 84 0 Second MOTION to Amend/Correct 32 Amended Complaint, and Memorandum in Support filed by Plaintiff Judith Pinborough Zimmerman. Motions referred to Brooke C. Wells.(Hollingsworth, April) (Entered: 08/12/2016)
2016-08-15 85 0 Plaintiff's MEMORANDUM in Opposition re 80 MOTION for Judgment on the Pleadings and Memorandum in Support (Partial) filed by Plaintiff Judith Pinborough Zimmerman. (Hollingsworth, April) (Entered: 08/15/2016)
2016-08-17 86 0 Motions No Longer Referred: 84 Second MOTION to Amend/Correct 32 Amended Complaint Judge Parrish will handle. (ss) (Entered: 08/17/2016)
2016-08-26 87 0 Stipulated MOTION to Amend/Correct 84 Second MOTION to Amend/Correct 32 Amended Complaint, and Memorandum in Support filed by Defendants William McMahon, University of Utah. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Robinson, Jeffrey) (Entered: 08/26/2016)
2016-08-26 88 0 Defendant's MOTION for Leave to File A Dispositive Motion filed by Defendants William McMahon, University of Utah. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Robinson, Jeffrey) (Entered: 08/26/2016)
2016-08-29 89 0 ORDER TO SHOW CAUSE: Defendant is hereby ORDERED to explain why its affirmative litigation conduct in this instance did not constitute its consent to the jurisdiction of this court. Defendant is to respond accordingly by September 9, 2016. Signed by Judge Jill N. Parrish on 8/26/16. (jlw) (Entered: 08/29/2016)
2016-08-29 90 0 Motions No Longer Referred: 87 Stipulated MOTION to Amend/Correct 84 Second MOTION to Amend/Correct 32 Amended Complaint, and Memorandum in Support , 84 Second MOTION to Amend/Correct 32 Amended Complaint, and Memorandum in Support (rh) (Entered: 08/29/2016)
2016-08-29 91 0 REPLY to Response to Motion re 80 MOTION for Judgment on the Pleadings and Memorandum in Support (Partial) filed by Defendants William McMahon, University of Utah. (Donosso, Yvette) (Entered: 08/29/2016)
2016-08-30 92 0 Motions No Longer Referred: 88 Defendant's MOTION for Leave to File A Dispositive Motion (rh) (Entered: 08/30/2016)
2016-08-30 93 0 NOTICE from the Supreme Court of Utah requesting electronic copies of the record as to the certified questions. (Attachments: # 1 Plaintiff's Designation of Record Relevant to Certified Questions, # 2 Defendants' Designation of Record on Certified Questions) (jwt) (Entered: 09/02/2016)
2016-09-09 94 0 RESPONSE TO ORDER TO SHOW CAUSE re 89 Order to Show Cause, filed by University of Utah. (Attachments: # 1 Exhibit A)(Donosso, Yvette) (Entered: 09/09/2016)
2016-09-12 95 0 Plaintiff's MEMORANDUM in Opposition re 88 Defendant's MOTION for Leave to File A Dispositive Motion filed by Plaintiff Judith Pinborough Zimmerman. (Hollingsworth, April) (Entered: 09/12/2016)
2016-09-22 96 0 REPLY to Response to Motion re 88 Defendant's MOTION for Leave to File A Dispositive Motion filed by Defendants William McMahon, University of Utah. (Robinson, Jeffrey) (Entered: 09/22/2016)
2016-10-06 97 0 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 4, 2016 before Judge Jill N. Parrish. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. 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 10/27/2016. Redacted Transcript Deadline set for 11/7/2016. Release of Transcript Restriction set for 1/4/2017. (jmr) (Entered: 10/06/2016)
2016-10-18 99 0 NOTICE OF TRANSMITTAL of Designated Record to Certified Questions sent to Utah Supreme Court, case number 20160572-SC, via First Class Mail. Record delivered on two DVDs. (Attachments: # 1 Plaintiff's Designation of Record Relevant to Certified Questions, # 2 University of Utah's and Dr. McMahon's Designation of Record on Certified Questions) (jwt) (Additional attachment(s) added on 10/18/2016: # 3 Request for record from Utah Supreme Court) (jwt). (Entered: 10/18/2016)