Shumway et al v. Wright et al

Filing 242

MEMORANDUM DECISION AND ORDER re 239 Special Master Report No. 21 - denying 211 Motion for Order of Contempt; granting 211 Motion for Attorney Fees and Costs. Signed by Judge David Nuffer on 6/5/20 (alt)

Case 4:19-cv-00058-DN-PK Document 242 Filed 06/05/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
TRAVIS LYNN SHUMWAY, an individual
residing in the state of Utah; CHAD L.
SHUMWAY, an individual residing in the state
of Utah; MOUNTAIN WEST MEDICAL
SUPPLY, L.L.C., a Utah limited liability
company; UNITED ENERGY WORKERS
HEALTHCARE, CORP., an Ohio corporation;
FOUR CORNERS HEALTH CARE CORP., a
Utah corporation; and FOUR CORNERS
HEALTHCARE INC., a Wyoming corporation;
Plaintiffs,
v.
JAMES LINN WRIGHT, an individual;
AUDRA WRIGHT, as individual; GARY D.
SLAVENS, as individual; JANE AND JOHN
DOES 1-10; and DOE BUSINESS ENTITIES
1-10;

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT AND
RECOMMENDATION OF SPECIAL
MASTER REPORT NO. 21

Case No. 4:19-cv-00058-DN-PK
District Judge David Nuffer
Magistrate Judge Paul Kohler
Special Master Philip J. Favro

Defendants.
The Report and Recommendation issued by Special Master Philip J. Favro on May 19,
2020, 1 recommends that Plaintiffs’ Motion for Order of Contempt Against Gary Slavens and
Award of Attorney Fees and Costs 2 be denied as to the request for an order of contempt against
Dr. Slavens but that Plaintiffs nevertheless be awarded their reasonable attorney fees and costs
incurred as a result of Dr. Slavens’ misconduct.

Special Master Report No. 21, Report and Recommendation on Plaintiffs’ Motion for Order of Contempt Against
Defendant Gary D. Slavens and Award of Attorney Fees and Costs (“Report and Recommendation”), docket no.
239, filed May 19, 2020.

1

2

Docket no. 211, filed March 27, 2020.

Case 4:19-cv-00058-DN-PK Document 242 Filed 06/05/20 Page 2 of 2

No objections having been filed, and the time for making any objections having passed, 3
and for good cause otherwise appearing, the findings of fact, analysis, and conclusions of the
Special Master are accepted, and the Report and Recommendation is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 4 is ADOPTED.
Plaintiffs’ Motion for Order of Contempt Against Gary Slavens and Award of Attorney Fees and
Costs 5 is DENIED as to the request for an order of contempt against Dr. Slavens but GRANTED
as to the request for reasonable attorney fees and costs incurred as a direct result of Dr. Slavens’
actions that resulted in the March 6, 2020 Order to Show Cause hearing. Within 14 days of the
entry of this Order, Plaintiffs must file a motion and affidavit establishing the amount of costs
and fees so incurred. Within 14 days thereafter, Dr. Slavens may file any objection.
Signed June 5, 2020.

BY THE COURT:

David Nuffer
United States District Judge

Order Re: Special Master Report No. 21 (setting June 3, 2020 deadline for filing objections), docket no. 240, filed
May 20, 2020.

3

Special Master Report No. 21, Report and Recommendation on Plaintiffs’ Motion for Order of Contempt Against
Defendant Gary D. Slavens and Award of Attorney Fees and Costs, docket no. 239, filed May 19, 2020.

4

5

Docket no. 211, filed March 27, 2020.

2