Daily Digest
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
20-4017 Document: 010110549371 Date Filed: 06/15/2021 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit
Appellate Case: 20-4017 Document: 010110549371 Date Filed: 06/15/2021 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS June 15, 2021 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ JOHN FITISEMANU; PALE TULI; ROSAVITA TULI; SOUTHERN UTAH PACIFIC ISLANDER COALITION, Plaintiffs - Appellees, v. Nos. 20-4017 & 20-4019 UNITED STATES OF AMERICA; U.S. DEPARTMENT OF STATE; ANTONY BLINKEN, in his official capacity as Secretary of the U.S. Department of State; IAN G. BROWNLEE, in his official capacity as Assistant Secretary of State for Consular Affairs,* Defendants - Appellants, and THE HONORABLE AUMUA AMATA; AMERICAN SAMOA GOVERNMENT, Intervenor Defendants - Appellants. ----------------------------- VIRGIN ISLANDS BAR ASSOCIATION; AMERICAN CIVIL LIBERTIES UNION; ACLU OF UTAH; LINDA S. BOSNIAK; KRISTIN COLLINS; STELLA BURCH ELIAS; SAM ERMAN; TORRIE * Pursuant to Fed. R. App. P. 43(c)(2) Rex W. Tillerson is replaced by Antony Blinken, and Carl C. Risch is replaced by Ian G. Brownlee as appellants in this case. Appellate Case: 20-4017 Document: 010110549371 Date Filed: 06/15/2021 Page: 2 HESTER; POLLY J. PRICE; MICHAEL RAMSEY; NATHAN PERL- ROSENTHAL; LUCY E. SALYER; KATHERINE R. UNTERMAN; CHARLES R. VENATOR-SANTIAGO; SAMOAN FEDERATION OF AMERICA, INC.; RAFAEL COX ALOMAR; J. ANDREW KENT; GARY S. LAWSON; SANFORD V. LEVINSON; CHRISTINA DUFFY PONSA-KRAUS; STEPHEN I. VLADECK; CONGRESSWOMAN STACEY PLASKETT; CONGRESSMAN MICHAEL F.Q. SAN NICOLAS; CARL GUTIERREZ; FELIX P. CAMACHO; JUAN BABAUTA; DR. PEDRO ROSSELLO; ANIBAL ACEVEDO VILA; LUIS FORTUNO; JOHN DE JONGH; KENNETH MAPP; DONNA M. CHRISTIAN-CHRISTENSEN, Amici Curiae. _________________________________ Appeal from the United States District Court for the District of Utah (D.C. -
Political History of Nevada: Chapter 3
Political History of Nevada Chapter 3 Historical and Political Data 91 CHAPTER 3: HISTORICAL AND POLITICAL DATA Historical and Political Data: Territorial Governments Through Statehood Reviewed and Updated by ART PALMER Former Research Director of the Legislative Counsel Bureau (LCB) and Former Director of the LCB GUY ROCHA Former Nevada State Archivist ROBERT E. ERICKSON Former Research Director of the LCB In the beginning, the region now occupied by the State of Nevada was held by Data Historical the Goshute, Mojave, Paiute, Shoshone and Washoe Indians and claimed by the Spanish Empire until the early 1800s. Th e northern extent of the Spanish claim was defi ned as the 42nd parallel in the Adams-Onis Treaty of 1819 between the United States and Spain. Th is north latitude line serves currently as Nevada’s northern boundary with Oregon and Idaho. Spanish explorations into this region have never been documented clearly enough to establish any European party constituting the earliest expedition into Nevada. If in fact there was some penetration, it must have been by the Spanish in the southernmost portion of our state, possibly as early as 1776. In 1821 Mexico won its war of independence from Spain and gained control over all the former Spanish territory in the area of what is now our “South-West.” Spain had done nothing to occupy or control what is now Nevada, a vast region virtually “terra incognita,” having no permanent non-Indian population and considered barren, arid and inhospitable. Quite understandably, the Spanish concentrated on settlements and nominal control in the more accessible and better-known coastal regions of the Californias and New Mexico. -
United States V. Fordham, Case No. 2:18-CR-00481: Indictment
Case 2:18-cr-00481-DB Document 1 Filed 10/24/18 Page 1 of 7 JOHN W. HUBER, United States Attorney (No. 7226) KEVIN L. SUNDWALL, Assistant United States Attorney.(No. 6341) JAMIE Z. THOMAS, Assistant United States Attorney (No. 9420) Attorneys for the United States of America 111 South Main Street, Ste. 1800 Salt Lake City, Utah 84111 Telephone: (801) 524-5682 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION UNITED STATES OF AMERICA, SEALED INDICTMENT Plaintiff, vs. Counts 1-6: 18 U.S.C. § 1341 (Mail Fraud) DARON HOWELL FORDHAM, a.le.a; Southboy, Daron Destiny, Paul Park, James Parker, Daron Howell, Case: 2: 18-cr-00481 and Darren Fordham Assigned To : Benson, Dee Assign. Date : 10/24/2018 Defendant. Description: USA V. SEALED The Grand Jury charges: I. BACKGROUND At all times relevant to this Indictment: 1. Defendant DARON HOWELL FORDHAM ("FORDHAM") opened and maintained Private Mailboxes at Commercial Mail Receiving Agencies in Utah, California, and Nevada. The Private Mailboxes show the authorized signer as Daron Fordham and show at least one of several authorized business names including: Holiday Certificates of America, Case 2:18-cr-00481-DB Document 1 Filed 10/24/18 Page 2 of 7 Park Publishers and Distributors ("Park Publishers"), Premium Promotions, Reward Promotions, Unlimited Gift Cards & Rewards, and others. 2. A Private Mailbox for Park Publishers maintained a mailing address located in Park City, Utah, at a UPS Store, and was the business address used to receive monies from individuals throughout the United States seeking to invest in a direct mail program offered by FORDHAM through various business names. -
Federal Jurisdiction
Federal Juris diction Federal Bar Association Utah Chapter Newsletter Spring 2012 attorneys admitted to the Utah federal district court bar, President’s Message regardless of FBA membership status. If you’re not sure Like many of you, I’m often bemused whether you’re part of our ranks, our current chapter when I see television commercials roster can be found on Page 3, along with a membership implying that the purchase of a application at the end of this newsletter. For those of particular product will instantly change you who are not FBA members, I invite you to take a my life for the better. For example, I look and learn about the exciting events we’ve got by Jonathan have a difficult time accepting that using planned for the coming year, as well as what you’ve been Pappasideris a certain credit card is my passport to missing out on. global adventure, or that cracking open a specific kind of If you practice in federal court, the FBA offers unique frosty adult beverage will magically turn my living room benefits that you just won’t receive from any other into a spontaneous party. Call me a skeptic (I am an organization. For example, on May 3-5, our Chapter is attorney, after all!), but I’ve always believed that, as the hosting its fifth annual Southern Utah Federal Law old cliché goes, the proof is in the pudding. Which is Symposium in St. George. In addition to CLE why, when a friend cajoled me to join the Utah Chapter presentations featuring eight federal judges, the U.S. -
United States District Court for the Western District of Texas San Antonio Division
Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION HOLLI LUNDAHL § a/k/a Holli Telford, § § Plaintiff, § v. § CIVIL ACTION NO. § ALBERT HAWKINS, § SA-09-CV-0588 XR Commissioner for the Dept. of Health and § Human Services for the State of Texas; § ANDREW ARNOTT, § LENORE LOPEZ, § AMANDA MATRAVERS, and § DOES EMPLOYEES of the Utah Dept. § of Health and Human Services; § ACCOUNTING OFFICIAL FOR BOP § in Austin, Texas; § USA; and § SONJA SORENSON, § § Defendants. § REPORT AND RECOMMENDATION TO: Honorable Xavier Rodriguez United States District Judge This report and recommendation recommends dismissal of this case and sanctions. Previously, the district judge referred to me plaintiff Holli Lundahl’s motion to proceed in forma pauperis (IFP).1 The motion includes a request for appointment of an attorney. In considering the motion, I observed that this case should be dismissed under 28 U.S.C. § 1915(e) and that Lundahl abuses the judicial system. Section 1915(e) provides for sua sponte dismissal of an IFP proceeding if the court finds 1Docket entry # 1. Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 2 of 18 that the complaint “is frivolous or malicious” or “fails to state a claim upon which relief may be granted.”2 This provision permits the court to dismiss those claims whose factual contentions are clearly baseless.3 Dismissal of a claim as frivolous is appropriate where the claim lacks an arguable basis either in law or in fact.4 Similarly, it has been held that the “district court may dismiss an action on its own motion under Rule 12(b)(6) [of the Federal Rules of Civil Procedure] ‘as long as the procedure employed is fair.’”5 Analyzing the merits of a plaintiff’s claim in a report and recommendation and giving the plaintiff an opportunity to object to the recommendation is a fair process for dismissing a case. -
Download Legal Document
Janelle P. Eurick (USB #8801) American Civil Liberties Union of Utah Foundation, Inc. 355 North 300 West, Suite 1 Salt Lake City, Utah 84103 (801) 521-9862 ext. 103 Mark J. Lopez American Civil Liberties Union Foundation, Inc. 125 Broad Street New York, New York 10004 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION COMPLAINT FOR DECLARATORY UTAH GOSPEL MISSION, FIRST AND INJUNCTIVE RELIEF UNITARIAN CHURCH OF SALT LAKE CITY, SHUNDAHAI NETWORK, UTAH NATIONAL Case No. _______ ORGANIZATION FOR WOMEN, CRAIG S. AXFORD, and LEE J. SIEGEL, Judge _____________ Plaintiffs, Vs. SALT LAKE CITY CORPORATION, a Municipal corporation; and ROSS C. “ROCKY” ANDERSON, Mayor of Salt Lake City, in his official capacity, Defendants INTRODUCTION 1. This action arises from the extraordinary efforts Salt Lake City has undertaken to avoid the holding in First Unitarian Church of Salt Lake City v. Salt Lake City Corporation, 308 F.3d 1114 (2002) (Main Street I), and to protect and advance the interests of the Church of Jesus Christ of Latter-Day Saints (LDS Church) that are affected by that decision. The dispute involves a downtown pedestrian plaza recently built over a portion of Main Street in the heart of downtown Salt Lake City that was sold to the Church in 1999. In connection with that sale, the City sought to impose patently unconstitutional speech restrictions on the plaza by characterizing it as “private” even though the City reserved an easement and thereby maintained a public right of way through the property. In Main Street I, the Tenth Circuit held that the plaza was unquestionably a public forum despite the city’s characterization of the property as private. -
Utah Primary Sources from the National Archives Rocky Mountain Region Denver Federal Center, Building 48 P.O
Utah Primary Sources From the National Archives Rocky Mountain Region Denver Federal Center, Building 48 P.O. Box 25307 Denver, CO 80225-0307 (303) 407-5740 This volume contains primary source documents—all from Utah—that relate to various topics in American history. Each “lesson” includes one or more documents, correlations to National History Standards and Utah Social Studies Standards, background information about the document(s), and a few suggested teaching activities that can be easily incorporated into your existing curriculum. We welcome feedback concerning the lessons and documents in this volume created by Lori Cox-Paul, Education Specialist. Please send your comments to: [email protected] Utah Primary Sources Table of Contents Lesson 1: Surveying the West………………………………………………………1 Lesson 2: A Utah Court Case Goes to the United States Supreme Court…………27 Lesson 3: Attempts to Assimilate the Northern Ute Indians………………………47 Lesson 4: U.S. Food Administration Regulations during World War I……….......56 Lesson 5: Eyewitness Accounts from the Great War………………………….......67 Lesson 6: The New Deal in Utah………………………………………….…........83 Lesson 7: Utah’s Control Careless Talking Campaign during World War II..........99 Lesson 8: Civil Defense Training during World War II…………………….……110 Lesson 9: Women Workers at the Ogden Arsenal in World War II………….......119 Document Analysis Worksheets………………………………………………….……135 Lesson 1: “I will transfer to Dr. Hayden’s party such property as can be spared” Surveying the West Document Citations: List of quartermaster stores issued to Professor F. V. Hayden, U.S. Geologist, May 31, [18]72 by Captain C. ? Reynolds, Depot Quartermaster, Cheyenne, Wyoming Territory; Records of the Quartermaster Depot, Cheyenne, Wyoming, Letters Received, 1872-1890; Records of the Office of the Quartermaster General, Record Group 92; National Archives and Records Administration-Rocky Mountain Region (Denver). -
The First Trial of John D. Lee July 20 to August 7, 1875 by Richard E
THE JUANITA BROOKS LECTURE SERIES presents The 31st Annual Lecture Clash of the Legal Titans: The First Trial of John D. Lee July 20 to August 7, 1875 by Richard E. Turley Jr. St. George Tabernacle March 26, 2014 7:00 P.M. Co-sponsored by Val Browning Library, Dixie State University St. George, Utah and the Obert C. Tanner Foundation About the cover A Special Note of Gratitude “Pushing against the effects of a debilitating, chronic illness, my ‘little sister,’ Clarelle (Richardson) Kristofferson painted the portrait of John D. Lee.... Using [his] black and white photos to guide her, Clarelle poured tender feelings…onto her easel.... We are the richer. Clarelle, my eternal gratitude!” ~ Lorraine (Richardson) Manderscheid Juanita Brooks was a professor at [then] Dixie College for many years and became a well-known author. She is recognized, by scholarly consent, to be one of Utah’s and Mormondom’s most eminent historians. Her total honesty, unwavering courage, and perceptive interpretation of fact set more stringent standards of scholarship for her fellow historians to emulate. Dr. Obert C. and Grace Tanner had been lifelong friends of Mrs. Brooks and it was their wish to perpetuate her work through this lecture series. Dixie State University and the Brooks family express their thanks to the Tanner family. Copyright 2014, Dixie State University St. George, Utah 84770 All rights reserved Richard E. Turley Jr. is Assistant Church Historian and Recorder for The Church of Jesus Christ of Latter- day Saints. Prior to his appointment to that position in 2008, he served for fourteen years as managing director of the Church Historical Department, four years as managing director of the Family History Department, and eight years as managing director of the combined Family and Church History Department. -
Handling the Federal Civil Case from Start to Finish Table of Contents
Handling the Federal Civil Case from Start to Finish Table of Contents 1- Brief Review of Southern Region 1-1 General Order 1-2 Designation of Case Numbers and Locations 1-3 Request for Comment and FAQ 1-4 Southern Region Web Page 1-5 Nuffer Web Page 1-6 Nuffer Resources Web Page 2- Federal Jurisdiction, Venue, and Service 2-1 JS44 Civil Cover Sheet 2-2 Nature of Suit Code Descriptions 2-3 Federal Jurisdiction Checklist 2-4 Federal Jurisdiction Caselaw 2-5 Jurisdiction Story Problems 2-6 Fed. R. Civ. P. 4(d) 2-7 Waiver of Service Form 2-8 Removal of Civil Action 28 U.S.C. § 1441 2-9 Procedure for Removal 28 U.S.C. § 1446 2-10 How to Remove a Case to Federal Court (ABA) 2-11 Sample Notice of Removal 2-12 Sample Order to Show Cause 2-13 Sample Order to Show Cause and Grant of Limited Discovery 3- The Basics 3-1 PowerPoint Slides 3-2 D. Utah Web Page 3-3 D. Utah Attorney Admissions Web Page 3-4 Motion for Attorney Admission, Order, and Registration Card 3-5 Pro Hac Vice Instructions and Forms 3-6 Federal Bar Association Web Page 3-7 Federal Bar Association News Letter (2018) 3-8 D. Utah Local Civil Rules Web Page 3-9 Local Discipline Rules DUCivR 83-1.5 3-10 Utah Ethics Advisory Opinion 17-04 re: Pro Hac Vice 3-11 CM/ECF Resources Web Page 3-12 CM/ECF Registration Form 3-13 D. Utah Local Sealed Cases and Documents Rules DUCivR 5-2 and 5-3 3-14 Sealed E-filing and Conventional Filing 3-15 How to E-file Sealed Documents 3-16 Sealed Conventional Filing Checklist 3-17 Top 10 Help Desk Problems 3-18 Initiating a New Civil Case 3-19 Sample Caption -
Volume 34 No. 1 Jan/Feb 2021 Partner up with POWER Is Your Firm Concerned About Expenses in This Current Economic Cycle?
Utah Bar® JOURNAL Volume 34 No. 1 Jan/Feb 2021 Partner Up With POWER Is your firm concerned about expenses in this current economic cycle? Concerned insurance carriers or corporate defendants will try to “lowball” or stall your contingency cases? In need of an aggressive team to get top value for your clients and get it done without more delays? Eisenberg, Cutt, Kendell & Olson are here to help you. Our full-time business is working with lawyers and firms to co-counsel larger contingency fee injury, tort and insurance cases. We have the staff and financial resources to aggressively prosecute cases even in the hardest economic times. We can do it all or work side by side with you. If needed, we can also help with case expenses and costs. We’d like to talk to you about getting the most for your cases. 801.366.9100 | www.eckolaw.com The Utah Bar Journal Published by the Utah State Bar | 645 South 200 East, Salt Lake City, Utah 84111 | 801-531-9077 | www.utahbar.org BAR JOURNAL EDITORIAL BOARD Editor-in-Chief Utah Law Developments Editor Editor at Large Alisha Giles Victoria Carlton Todd Zagorec Managing Editor Judicial Advisor Young Lawyer Representative Andrea Valenti Arthur Judge Gregory K. Orme Alex Sandvik Articles Editors Copy Editors Paralegal Representative Victoria Luman Hal Armstrong Greg Wayment Jacqueline Carlton LaShel Shaw Paul Justensen Bar Staff Liaison Jessame Reyes Nicole Lagemann Christine Critchley Erin Burke Editors Emeritus Departments Editor William D. Holyoak Advertising/Design Manager Ryan Beckstrom Judge Catherine E. Roberts (Ret.) Laniece Roberts MISSION & VISION OF THE BAR: The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. -
Chronicles of the Federal Court in Utah
FAITH OR FEDERALISM: CHRONICLES OF THE FEDERAL COURT IN UTAH BY IRA COHEN s my fellow Federal Bar Association members converge on Salt Lake City for the 2015 Annual Meeting and Convention to be held Sept. 10-12, I hope they will carve out some time in their harried schedules to visit the old federal courthouse, a building on the National Historic Register. Observe the Classical Revival style of architecture, the fluted Doric columns, and the fine Utah granite facades. The floors of the lobby and corridors are a blend of marble, tile, and terrazzo, while the three original courtrooms Awere ornate, ornamental marvels, rising two stories high. Notice also the eagles with outstretched wings that flank the steps. But below those elaborate decorative bronze and aluminum grilles, the massive entrance doors invite one to step back into times gone by and witness a rich and raucous history that will capture and captivate students of judicial history and jurisprudence. In the early 1800s, Utah marked one of the westernmost bound- administrators who barked orders and dispatched troops from the aries of 19th-century American civilization. Before long, however, nation’s capital, whom they viewed as the very incarnation of cor- pioneers, religious pilgrims, Native Americans, fortune-seekers ruption and evil: and, eventually, Washington, D.C., politicians and their lapdog bureaucrats all were mightily engaged in a decadeslong scrimmage “I arose and spoke substantially as follows: … I love the for control of a lush and pristine geographic area comprised of government and the constitution of the United States, but I approximately 85,000 square miles of largely uncharted wilder- do not love the damned rascals who administer the govern- ness. -
Ustp Marijuana Enforcement Actions by District And
USTP Marijuana Enforcement Actions Formal Actions Informal Inquiries District Chapter 7 Chapter 11 Chapter 12 Chapter 13 All Chapter 7 Chapter 11 Chapter 12 Chapter 13 All District of Alaska 0000000000 District of Arizona 0000000000 Eastern District of Arkansas 0000000000 Western District of Arkansas 0000000000 Central District of California 0000010001 Eastern District of California 0000000000 Northern District of California 0000000000 Southern District of California 0000000000 District of Colorado 0001130025 District of Connecticut 0000000000 District of Columbia 0000000000 District of Delaware 0000000000 Middle District of Florida 0000000000 Northern District of Florida 0000000000 Southern District of Florida 0000000000 Middle District of Georgia 0000000000 Northern District of Georgia 0000000000 Southern District of Georgia 0000000000 District of Guam 0000000000 District of Hawaii 0000000000 District of Idaho 0000000000 Central District of Illinois 0000000000 Northern District of Illinois 0000000000 Southern District of Illinois 0000000000 Northern District of Indiana 0000000000 Southern District of Indiana 0000000000 Northern District of Iowa 0000000000 Southern District of Iowa 0000000000 District of Kansas 0000000000 Eastern District of Kentucky 0000000000 Western District of Kentucky 0000000000 Eastern District of Louisiana 0000000000 Middle District of Louisiana 0000000000 Western District of Louisiana 0000000000 District of Maine 0000000000 District of Maryland 0000000000 District of Massachusetts 0000000000 Page 1 of 3 USTP