Osborn et al v. Brown et al

Filing 109

ORDER AND MEMORANDUM DECISION granting 91 Motion for Judgment on the Pleadings; denying as moot 92 Motion to Stay; denying as moot 99 Motion to Expedite; modifying 85 Order - Plaintiff has until 5/15/13 to file motion to amend. Signed by Judge Tena Campbell on 4/25/13 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
JARED OSBORN and VANESSA
OSBORN,
Plaintiffs,

ORDER AND
MEMORANDUM DECISION

vs.

Case No. 2:12-cv-775

CHARLES CRAIG BROWN; et al.,
Defendants.

Judge Tena Campbell

For substantially the same reasons set forth in the court’s Order dated April 8, 2013
(Docket No. 85), the court GRANTS the motion brought by Defendant Utah Litigation
Counselors (ULC) for Judgment on the Pleadings (Docket No. 91).1 The claims against ULC are
HEREBY DISMISSED WITHOUT PREJUDICE. ULC’s Motion to Stay (Docket No. 92) is
DENIED AS MOOT. Likewise, ULC’s Motion for Expedited Review (Docket No. 99) is
DENIED AS MOOT.
The court modifies its Order dated April 8, 2013 (Docket No. 85), and extends the time
Plaintiffs have to file a motion to amend by two weeks. So, if the Plaintiffs fail to file a motion
to amend and an accompanying proposed amended complaint by May 15, 2013, then the claims
against Mr. McCall, Mr. Gettel, and ULC will be dismissed with prejudice.
SO ORDERED this 25th day of April, 2013.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

1

ULC also moved, in the alternative, to dismiss for lack of jurisdiction. The court need
not address that issue at this time because it grants the motion for judgment on the pleadings.