This case was last updated from PACER on 05/09/2021 at 10:58:45 (UTC).

McClure et al v. Saunders et al

Case Summary

On 03/10/2021 McClure filed a Civil Right - Other Civil Right lawsuit against Saunders. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Cecilia M. Romero and Howard C. Nielson, Jr. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00148

  • Filing Date:

    03/10/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judges

Cecilia M. Romero

Howard C. Nielson, Jr

 

Party Details

Plaintiffs

Mark McClure

Holly McClure

Defendants

Kara Hendrickson

Wendy Crossland

Chris Cherniak

Richard Bullough

Sydnee Dickson

Park City School District

Park City School District Board

Andrew Caplan

Summit County Board of Health

Anne Peters

Jill Gildea

Erin Grady

Richard Saunders

Attorney/Law Firm Details

Plaintiff Attorneys

Brandon J. Mark

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Gregory H. Gunn

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Darren B. Neilson

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Defendant Attorneys

Tanner J. Bean

Attorney at FABIAN VANCOTT

215 S State St Ste 1200

Salt Lake City, UT 84111-2323

Artemis D. Vamianakis

Attorney at FABIAN VANCOTT

215 S State St Ste 1200

Salt Lake City, UT 84111-2323

Joan M. Andrews

Attorney at FABIAN VANCOTT

215 S State St Ste 1200

Salt Lake City, UT 84111-2323

Ryan P. C. Stack

Attorney at SUMMIT COUNTY ATTORNEY

60 N Main, Po Box 128

Coalville, UT 84017

Margaret H. Olson

Attorney at SUMMIT COUNTY ATTORNEY

60 N Main St #227, Po Box 128

Coalville, UT 84017

Michelle Beus

Attorney at UTAH ATTORNEY GENERAL'S OFFICE (160-5-140853)

160 E 300 S, Po Box 140853

Salt Lake City, UT 84114-0853

J. Bryan Quesenberry

Attorney at UTAH ATTORNEY GENERAL'S OFFICE (140853-EDUCATION)

160 E 300 S 5Th Fl, Po Box 140853

Salt Lake City, UT 84114-0853

Andrew Dymek

Attorney at UTAH ATTORNEY GENERAL'S OFFICE (160-6-140856)

160 E 300 S 6Th Fl, Po Box 140856

Salt Lake City, UT 84114-0856

David N. Wolf

Attorney at UTAH ATTORNEY GENERAL'S OFFICE (160-6-140856)

160 E 300 S 6Th Fl, Po Box 140856

Salt Lake City, UT 84114-0856

 

Court Documents

46 #1

Text of Proposed Order for Dismissal

#46

(#46) Stipulated MOTION to Dismiss With Prejudice filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Text of Proposed Order for Dismissal)(Neilson, Darren) (Entered: 04/22/2021)

#45

(#45) NOTICE of Appearance by Ryan P. C. Stack on behalf of Richard Bullough, Chris Cherniak, Summit County Board of Health (Stack, Ryan) (Entered: 04/08/2021)

#44

(#44) NOTICE of Acceptance of Service by Richard Bullough, Chris Cherniak, Summit County Board of Health Margaret Olson (Olson, Margaret) (Entered: 04/08/2021)

#43

(#43) Stipulated RESPONSE to Motion re #36 Stipulated MOTION to Stay the Case filed by Defendants Richard Bullough, Chris Cherniak, Summit County Board of Health. (Olson, Margaret) (Entered: 04/08/2021)

36 #3

Text of Proposed Order

36 #2

Exhibit B - State Public Health Order 2021-9

36 #1

Exhibit A - S.B. 107

#36

(#38) ORDER granting #36 Stipulated Motion to Stay indefinitely. Signed by Judge Howard C. Nielson, Jr., on 3/30/2021. (ds) (Entered: 03/30/2021)

4 #3

Exhibit 3-BinaxNOW Performance and Implementation Manuscript

4 #2

Exhibit 2-Pettengill-McAdam Paper

3 #2

Exhibit B-COVID-19 School Manual

3 #1

Exhibit A-UPHO 2021-7 Updated Statewide COVID-19 Restrictions

#3

(#6) AFFIDAVIT/DECLARATION of Dr. Kevin McKernan in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-Biography of Kevin McKernan, #2 Exhibit 2-CV of Kevin McKernan, #3 Exhibit 3-Borger Article, #4 Exhibit 4-Liotti Article, #5 Exhibit 5-Jefferson Article, #6 Exhibit 6-Borry Article, #7 Exhibit 7-CDC Covid-19 Pandemic Planning Scenarios, #8 Exhibit Index of Exhibits)(Mark, Brandon) (Entered: 03/10/2021)

2 #2

Civil Cover Sheet Civil Cover Sheet

2 #1

Exhibit A-School Covid Testing Registration Form

#2

(#2) COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-3949082) filed by Holly McClure, Mark McClure. (Attachments: #1 Exhibit A-School Covid Testing Registration Form, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Cecilia M. Romero (Mark, Brandon) (Entered: 03/10/2021)

#1

(#1) Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiffs Holly McClure, Mark McClure is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) (Entered: 03/10/2021)

72 More Documents Available

 

Docket Entries

  • 04/22/2021
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  • Docket(#47) DOCKET TEXT ORDER granting #46 Motion to Dismiss with Prejudice. All parties to bear their own costs and fees. Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 4/22/21. No attached document. (dla) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#46) Stipulated MOTION to Dismiss With Prejudice filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Text of Proposed Order for Dismissal)(Neilson, Darren) (Entered: 04/22/2021)

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  • 04/08/2021
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  • Docket(#45) NOTICE of Appearance by Ryan P. C. Stack on behalf of Richard Bullough, Chris Cherniak, Summit County Board of Health (Stack, Ryan) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#44) NOTICE of Acceptance of Service by Richard Bullough, Chris Cherniak, Summit County Board of Health Margaret Olson (Olson, Margaret) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#43) Stipulated RESPONSE to Motion re #36 Stipulated MOTION to Stay the Case filed by Defendants Richard Bullough, Chris Cherniak, Summit County Board of Health. (Olson, Margaret) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#42) NOTICE of Appearance by Margaret H. Olson on behalf of Richard Bullough, Chris Cherniak, Summit County Board of Health (Olson, Margaret) (Entered: 04/08/2021)

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  • 04/06/2021
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  • Docket(#41) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Summit County Board of Health. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#40) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Chris Cherniak. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#39) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Bullough. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 04/06/2021)

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  • 03/30/2021
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  • Docket(#38) ORDER granting #36 Stipulated Motion to Stay indefinitely. Signed by Judge Howard C. Nielson, Jr., on 3/30/2021. (ds) (Entered: 03/30/2021)

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28 More Docket Entries
  • 03/11/2021
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  • Docket(#10) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah Department of Health c/o Sean Reyes, Utah Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#9) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Utah State School Board of Education, c/o Sean Reyes, Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#8) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Sydnee Dickson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#7) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard Saunders. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) (Entered: 03/11/2021)

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  • 03/10/2021
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  • Docket(#6) AFFIDAVIT/DECLARATION of Dr. Kevin McKernan in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-Biography of Kevin McKernan, #2 Exhibit 2-CV of Kevin McKernan, #3 Exhibit 3-Borger Article, #4 Exhibit 4-Liotti Article, #5 Exhibit 5-Jefferson Article, #6 Exhibit 6-Borry Article, #7 Exhibit 7-CDC Covid-19 Pandemic Planning Scenarios, #8 Exhibit Index of Exhibits)(Mark, Brandon) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#5) AFFIDAVIT/DECLARATION of Holly A. McClure in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-Email from Caleb Fine, Jan 12, 2021, #2 Exhibit 2-Email from PCSD, Jan 12, 2021, #3 Exhibit 3-Email from TMJH, Jan 13, 2021, #4 Exhibit 4-Email from PCHS, Jan 15, 2021, #5 Exhibit 5-Email from TMJH, Jan 15, 2021, #6 Exhibit 6-Email from TMJH, Jan 20, 2021, #7 Exhibit 7-Email from PCHS, Jan 22, 2021, #8 Exhibit 8-Email from TMJH, Jan 22, 2021, #9 Exhibit 9-Email from PCHS, Feb 5, 2021, #10 Exhibit 10-Index to Exhibits)(Mark, Brandon) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#4) AFFIDAVIT/DECLARATION of Dr. Matthew Pettengill in Support re #3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit 1-CV of Matthew Pettengill PhD, #2 Exhibit 2-Pettengill-McAdam Paper, #3 Exhibit 3-BinaxNOW Performance and Implementation Manuscript, #4 Exhibit 4-Perchetti Paper, #5 Exhibit 5-Folgueira Manuscript, #6 Exhibit 6-Index of Exhibits)(Mark, Brandon) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#3) MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Holly McClure, Mark McClure. (Attachments: #1 Exhibit A-UPHO 2021-7 Updated Statewide COVID-19 Restrictions, #2 Exhibit B-COVID-19 School Manual)(Mark, Brandon) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#2) COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-3949082) filed by Holly McClure, Mark McClure. (Attachments: #1 Exhibit A-School Covid Testing Registration Form, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Cecilia M. Romero (Mark, Brandon) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#1) Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiffs Holly McClure, Mark McClure is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) (Entered: 03/10/2021)

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