Jones v. Summit County et al

Filing 69

CLARIFIED MEMORANDUM DECISION AND ORDER: 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 Defendants motion 20 is granted as to the two stipulated counts (see Joness Response Brief, p. 2 n. 1, 21 Stipulated Motion to Clarify, ECF 68) and DENIED as to the official neglect and 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 Dated this 30th day of Utah. Signed by Judge Clark Waddoups on 5/30/18. (jlw)

UNITED STATES DISTRICT COURT
STATE OF UTAH, CENTRAL DIVISION

ADAM JONES,
Plaintiff,

CLARIFIED MEMORANDUM
DECISION AND ORDER

vs.
SUMMIT COUNTY, DAVID EDMUNDS,
KAMAS CITY;

Case No. 2:17-cv-00815
Judge Clark Waddoups

Defendants.

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 21;
Stipulated Motion to Clarify, ECF 68) and DENIED as to the official neglect and
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
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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.
DATED this 30th day of May, 2018.
BY THE COURT:

Clark Waddoups
United States District Judge

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