DOCSLIB.ORG

~Federãlrûi~S Of"Eivil

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
~Federãlrûi~S Of ( i'. iÆ¥lEtHlt~i~GoIlsid~rátioiis,JJii ~FederãlRÛI~s" '..' ." . :'c of"eivil %/;~%~f c.l us,titia Para Tados -=Ensûì- iÒ'~thes~ourts'fòrLin~uistiCcNlino .Repor; 0111'996 ~tah L~~li;t~~Ur~' "'w, 'í West. The most complete CD-ROM libra UTAH REPORTERTM AND WEST'S(I UTAH CODETM in Uta. ON CD-ROM GIVES YOU ~ Utah case law as reported in Paei:e Reporter", 2d from 1945 to date ~ Utah Attorney General Opinions from 1977 to date ~ Uta Administrative Code ~ Slip Opinons WEST'S UTAH CODE ON CD-ROM INCLUDES ~ Utah Code I ~ State Constitution , ~ Uta Court Rules -I ~ Uta Orders ! ~ Session laws, as necessary due to legislative action ,i II West CD-ROM Libraries TMgive you West's exclusive ¡i editorial enhancements, includig West Topics and Key Numbers, for focused results and faster research. And, of course, a subscription to West CD-ROM Libraries includes the direct connection to WESTLAW~ NOW AVAILALE ON CD-ROM! West's(j Tenth Circuit Reporter™and West's(j Federal District Court Reporter™- Tenth Circuit. FIND OUT MORE ABOUT WEST CD-ROM LIBRARIES FOR UTAH CALL: 1-800-255-2549 EXT. 741 WEST . CD-ROM LffRASTM i C; I ii For inormation about other West Publishig products W",t, An Amelican company serving the legal world. Ii and servces, visit us on the Internet at the UR: (£ 1995 WEST PUBLISHING 6-9494-4/1295 lóio7171 http://ww.westpub.com '.205.856.5 I! j ir ! Utah 0 UTAH BAR JOURNAL Published by The Utah State Bar 645 South 200 East Salt Lake City, Utah 84111 Vol. 9 NO.2 February 1996 Telephone (801) 531-9077 VISION OF THE BAR: To lead society in the creation of a justice system President Dennis V. Haslam that is understood, valued, respected and accessible to alL. President-Elect MISSION OF THE BAR: To represent lawyers in the State of Utah and Steven M. Kaufman to serve the public and the legal profession by promoting justice, profes- Executive Director sional excellence, civility, ethics, respect for and understanding of, the law. John C. Baldwin Bar Journal Committee President's Message ..............................................................................5 and Editorial Board by Dennis V. Haslam Editor Calvin E. Thorpe Commissioner's Report .........................................................................6 Associate Editors by Charlotte L. Miler M. Karlynn Hinman Wiliam D. Holyoak Ethical Considerations Under the Amended Randall L. Romrell Federal Rules of Civil Procedure. ........................ .................... ...........10 Articles Editors by Philip S. Ferguson Christopher Burke Lee S. McCullough Justicia Para Todos Letters Editor Ensuring Equal Access to the Courts for Victoria Kidman Linguistic Minorities ...........................................................................21 Views from the Bench Editors by Michael Gardner and Judge Lynn Tv Davis Judge Michael L. Hutchings Judge Stephen VanDyke State Bar News ... ........... ......... ..... ........... ...... ..... ......... ............. ....... .....30 Legislative Report Editor Lisa Watts Baskin The Barrister........................................................................................36 Case Summaries Editors Scott A. Hagen Views from the Bench ............ ............. ..... ...... ......... ............ ...... ........ ..38 Clark R. Nielsen by Judge Fred D. Howard Book Review Editor Betsy L. Ross Legislative Report ...... ....... ......... ......... ............. ........... ... ... ..... ......... ....42 "How to . ." Editors by Jane Peterson and lisa Watts Baskin Brad Betebenner David Hartvigsen Case Summaries ......... ....... ......... ........... .... ......... ...... ... ... ........ ......... ... .46 Patrick Hendrickson by Clark R. Nielsen Judicial Profies Editors Mamie Funk Book Review..... ........... ....... .... ... ..................... ......... .......................... .48 Derek Pullan Stephen K. Christiansen Utah Bar Foundation ...........................................................................50 ADREditor Cherie P. Shanteau CLE Calendar..................................................................................... .51 Law and Technology Editor R. Bruce Findlay Classified Ads ......... .... ..... ... ...... ......... .... ...... ..... ......... ............. ............52 Young Lawyer Representatives Michaela. Zabriskie COVER: Icicles in Zion National Park by Gordon J. Swenson, Salt Lake City, Utah. Mark E. Burns Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should contact Randall L. Romrell. Associate General Counsel, Huntsman Glen Cook Chemical Corporation, 2000 Eagle Gate Tower. Salt Lake City, Utah, 84111. 532-5200. Send both the slide, David Brown transparency or print of each photograph you want to be considered. David Erickson Thomas Jepperson The Utah BaT Journal is published monthly. except July and August, by the Ulah State Bar. One copy of each J. Craig Smith issue is furnished to members as part of their State Bar dues. Subscription price to others, $30; single copies. Denver Snuffer $4.00. For infoTmation on advertising rates and space reservation, call or write Utah State Bar offces. Judge Homer Wilkinson Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and publica- tion of advertisements is not to be considered an endorsement of the product or service advertised. Committee Liaison Maud C. Thurman Copyright (Q 1996 by the Utah State Bar. All rights reserved. February 1996 3 TWELFTH ANNUAL JEFFERSON B. FORDHA DEBATE SPONSORED BY THE UNIVRSITY OF UTAH COLLEGE OF LAW JOURNAL ALUMNI ASSOCIATION BE IT RESOLVED: THE JURY SYSTEM SHOULD BE REFORMED FEBRUARY 29,1996 6:30 P.M. UNIVRSITY OF UTAH COLLEGE OF LAW SUTHERLAND MOOT COURTROOM 2 HOURS CLE CREDIT, NO FEE MODERATOR: JUDGE LESLIE A. LEWIS Presiding Judge, Third Judicial Circuit PANELISTS: JUDGE BRUCE S. JENKINS United States Senior District Judge JUDGE MICHAL B. DANN Superior Court of Maricopa County RICHA RIEKE Professor, University of Utah Department of Communications MITCHEL LASSER Associate Professor, University of Utah College of Law , I RICHA P. MAURO Attorney, Legal Defenders 4 Vol. 9 No. 2 .. I i I , Checklist for Improving the Workplace Environment (or Dissolving the Glass Ceiling) By Charlotte L. Miler law, I might be able to create a checklist for minorities are not appropriate for upper In 1995(established the Glass by theCeiling 1991 CivilCommission Rights any legal question. (Some of you may level positions. Behavior needs to be Act) issued its findings regarding the suc- remember that two years ago my Bar viewed more from a human resources, cess of women and minorities in reaching Commissioner's report was a checklist on interpersonal communication perspective top level positions. Most of us do not have how lawyers can be more customer ori- than through the legal elements necessary the luxury of ordering the report and ented.) So, I thought I would try to provide to prove discrimination. Behaviors that are reviewing it or spending days and years in some practical advice to members of the Bar not ilegal may be unwanted because they our own workplace with our coworkers - in the checklist approach - on how to interfere with productivity. analyzing the philosophical issues and edu- help dissolve the glass ceiling (dissolving is The following checklist is for senior cating ourselves about the advancement of a slower process than breaking - so I people in workplace - like law firms, cor- women and minorities. In my workplace I believe it more accurately describes the porations, governmental agencies - and is spend a fair amount of time training super- actual process - it is also less violent). mostly common sense in helping to create visors on issues of managing employees I require my managers to learn the fol- and maintain a positive, cohesive, nurturing hopefully helping them to learn how to lowing rule: "Not everything that is stupid and productive workplace. Therefore, those avoid discrimination, violation of OSHA is against the law." There are many events of you who do not believe there is a glass laws, FLSA laws, drug testing laws, etc. that occur in the workplace that do not rise to ceiling can do these things too without giv- Usually I get one hour in a three day train- the level of "discrimination" as legally ing up any philosophical position, and get ing session, so I don't often discuss burdens defined, but there are many events that some benefit. of proof, summary judgment motions, etc. detract from cooperation among co-workers, Instead, I try to provide practical and sim- morale, and therefore productivity. When INCLUDE WOMEN AND MIORITIES ple information, and as a result I spend a lot events interfere with productivity, they also IN INFORMAL FUNCTIONS of time writing checklists - a checklist for interfere with the bottom line, whether the Much of the building of rapport, devel- hiring, a checklist for evaluating, a check- events are discriminatory or not. The same is oping mentor relationships, and creating list for firing, a checklist for interacting true with regard to dissolving the glass ceil- trust and interest among colleagues is with an injured customer, a checklist for ing. Behavior in a work place may not be begun or is nurtured in social settings - responding to theft, a checklist for signing a legally actionable as "discrimination" but lunch, golf, traveling (sometimes as part of contract. After about 13 years of practicing may create perceptions that women and work),
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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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).
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]