Jones v. Summit County et al

Filing 64

MEMORANDUM DECISION AND ORDER- granting in part and denying in part 20 Motion for Judgment on the Pleadings ; Motions terminated: 20 MOTION for Judgment on the Pleadings filed by Kamas City. ( IT IS FURTHER ORDERE D that the parties' dispositive motions shall be filed on or before Friday, June 29, 2018. If no dispositive motions are filed, Status Conference set for 7/16/2018 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups.) See Order for further details. Signed by Judge Clark Waddoups on 3/29/18. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ADAM JONES,
Plaintiff,

MEMORANDUM DECISION & ORDER

v.
KAMAS CITY,

Case No. 2:17-cv-815-CW
Defendant.

Judge Clark Waddoups

This matter is before the court on Defendant Kamas City’s Motion for Judgment on the
Pleadings. (ECF No. 20.) The Honorable Clark Waddoups held a hearing on the motion on
March 29, 2018. Daniel Baczynski appeared on behalf of Plaintiff Adam Jones, and Britton
Butterfield appeared on behalf of Defendant. After due consideration of the parties’ filings and
oral arguments, and otherwise being fully advised,
IT IS HEREBY ORDERED, for the reasons stated on the record based on Christensen v.
Juab School District, 2017 UT 47 (Utah 2017), and Acor v. Salt Lake City School District, 247
P.3d 404, 2011 UT 8 (Utah 2011), that Defendant’s motion (ECF No. 20) is GRANTED as to the
two stipulated counts (see Jones’s Response Brief, p. 2 n.1, ECF No. 21) and DENIED as to the
official misconduct count.
IT IS FURTHER ORDERED that the parties’ dispositive motions shall be filed on or
before Friday, June 29, 2018. If no dispositive motions are filed, a status conference will be held
on Monday, July 16, 2018, at 2:45 before Judge Waddoups. It is contemplated that no further
discovery is needed. If that should change, the parties may raise the issue before the court.

SO ORDERED this 29th day of March, 2018.
BY THE COURT:

Clark Waddoups
United States District Judge

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