Status of Discovery in Denson Lawsuit

[Kenngo1969]

1 hour ago, esodije said:

Magistrates in U.S. federal courts act under the authority of the court; they serve for a limited time period and are not lifetime appointments. They typically don’t conduct actual trials, but they handle arraignments in criminal cases and often will hear pretrial motions, particularly related to discovery matters. To use the vernacular, their job is to take care of “housecleaning” chores in order to free up the judges’ time for trials and other weightier matters. If this case was referred to a federal magistrate, it’s almost certainly to address the church’s motions to compel discovery or to compel preservation of documents that the other party might otherwise feel inclined to destroy. It certainly doesn’t mean the entire case has been turned over to a lower court for dismissal or summary disposition.

Thanks for the more sure word of prophecy.   

[JustAnAustralian]

Thanks for the explanation.

[JustAnAustralian]

The church has filed 41 sealed exhibits including 4 videos. Presumably these were recovered during the third-party forensic examination of the electronic accounts etc.

[Calm]

9 minutes ago, JustAnAustralian said:

The church has filed 41 sealed exhibits including 4 videos. Presumably these were recovered during the third-party forensic examination of the electronic accounts etc.

Huh?  This is still going?  How did that happen?  Another appeal? did I miss something or just forget. 
 

Looks like just forgot:

Quote

 on September 1 the case got referred back to a magistrate judge

 

Edited December 9, 2020 by Calm

[JustAnAustralian]

McKenna couldn't find counsel so it got handballed back to a magistrate for the time being. 

On the 25th Nov, the church filed a request to file excess pages, as well as filing the exhibits, and the request was granted on the 30th. Videos were filed later on the 30th (on USB drive).

Then on 2 Dec the church was "instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit A − Motion for Terminating Sanctions part 1, # 2 Exhibit A − Motion for Terminating Sanctions part 2)"

 

So it's still going slowly, but it looks like things might be coming to a head.

 

[Calm]

3 minutes ago, JustAnAustralian said:

McKenna couldn't find counsel so it got handballed back to a magistrate for the time being. 

On the 25th Nov, the church filed a request to file excess pages, as well as filing the exhibits, and the request was granted on the 30th. Videos were filed later on the 30th (on USB drive).

Then on 2 Dec the church was "instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit A − Motion for Terminating Sanctions part 1, # 2 Exhibit A − Motion for Terminating Sanctions part 2)"

 

So it's still going slowly, but it looks like things might be coming to a head.

 

Thank you for that explanation. Very clear. 

[JustAnAustralian]

I'm only going off what PACER tells me. I'm just glad that they aren't as expensive as they could be.

[smac97]

17 minutes ago, JustAnAustralian said:

McKenna couldn't find counsel so it got handballed back to a magistrate for the time being. 

On the 25th Nov, the church filed a request to file excess pages, as well as filing the exhibits, and the request was granted on the 30th. Videos were filed later on the 30th (on USB drive).

Then on 2 Dec the church was "instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit A − Motion for Terminating Sanctions part 1, # 2 Exhibit A − Motion for Terminating Sanctions part 2)"

 

So it's still going slowly, but it looks like things might be coming to a head.

 

So what sort of motion is currently pending?

Thank you,

-Smac

[JustAnAustralian]

Quote

11/25/2020 

130

MOTION for Leave to File Excess Pages , MOTION for Leave to File Sealed
Document filed by Defendant Corporation of the President of the Church of Jesus
Christ of Latter−Day Saints, The. (Attachments: # 1 Text of Proposed Order ) Motions
referred to Dustin B. Pead.(Jordan, David) (Entered: 11/25/2020)

11/25/2020

131

*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support filed by
Defendant Corporation of the President of the Church of Jesus Christ of Latter−Day
Saints, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, #
5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10,
# 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, #
16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21
Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26
Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28 − Filed Conventionally, # 29 Exhibit 29, #
30 Exhibit 30 − Filed Conventionally, # 31 Exhibit 31 − Filed Conventionally, # 32
Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37
Exhibit 37, # 38 Exhibit 38 − Filed Conventionally, # 39 Exhibit 39, # 40 Exhibit 40, #
41 Exhibit 41) Motions referred to Dustin B. Pead.(Jordan, David) (Entered:
11/25/2020)

11/25/2020

132

NOTICE OF CONVENTIONAL FILING of Exhibits 28, 30, 31 and 38 filed by
Defendant Corporation of the President of the Church of Jesus Christ of Latter−Day
Saints, The re 131 *SEALED DOCUMENT* SEALED MOTION and Memorandum
in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in
Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in
Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in
Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support
(Jordan, David) (Entered: 11/25/2020)

11/30/2020

133

ORDER granting Defendant's 130 Motion for Leave to File Overlength Motion for
Terminating Sanctions and to File Under Seal. Signed by Magistrate Judge Dustin B.
Pead on 11/30/2020. (eat) (Entered: 11/30/2020)

11/30/2020

134

EXHIBITS 28, 30, 31, and 38 filed by Corporation of the President of the Church of
Jesus Christ of Latter−Day Saints, The re 131 *SEALED DOCUMENT* SEALED
MOTION. The Exhibits are video files contained on a single USB flash drive. As
video files cannot be uploaded to the CM/ECF system, the flash drive will be retained
in a case file folder in the Clerk's Office while the case is active, and according to the
retention schedule set forth by the Judicial Conference thereafter. (eat) (Entered:
12/01/2020)

12/02/2020

135

**SEALED DOCUMENT** re 133 Order on Motion for Leave to File Excess Pages,
Order on Motion for Leave to File Sealed Document filed by Defendant Corporation
of the President of the Church of Jesus Christ of Latter−Day Saints, The
NOTE: Filer is instructed to serve the sealed document on all other parties..
(Attachments: # 1 Exhibit A − Motion for Terminating Sanctions part 1, # 2 Exhibit A
− Motion for Terminating Sanctions part 2)(Jordan, David) (Entered: 12/02/2020)

 

Everything is sealed, but it looks like it's with the Church's council to serve the document to McKenna.

[smac97]

9 hours ago, JustAnAustralian said:

 

Everything is sealed, but it looks like it's with the Church's council to serve the document to McKenna.

"*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support"

Hmm.  I've never seen a docket that redacts the name/type of the motion.  But my experience with federal litigation practice is sort of limited.

Thanks,

-Smac

[ksfisher]

Jeffrey D. Allred, KSL

Colorado woman, church agree to dismiss sex assault lawsuit involving ex-MTC president

https://www.ksl.com/article/50065193/colorado-woman-church-agree-to-dismiss-sex-assault-lawsuit-involving-ex-mtc-president

A federal judge in Salt Lake City terminated the case after McKenna Denson and the church filed a motion Thursday seeking a dismissal of the case with prejudice, meaning Denson cannot sue the church again on the same grounds.

"The parties have not entered into a settlement, and aside from the agreement to bear their own fees and costs, there are no further agreements between them," according to the filing.

[smac97]

2 minutes ago, ksfisher said:

Jeffrey D. Allred, KSL

Colorado woman, church agree to dismiss sex assault lawsuit involving ex-MTC president

https://www.ksl.com/article/50065193/colorado-woman-church-agree-to-dismiss-sex-assault-lawsuit-involving-ex-mtc-president

A federal judge in Salt Lake City terminated the case after McKenna Denson and the church filed a motion Thursday seeking a dismissal of the case with prejudice, meaning Denson cannot sue the church again on the same grounds.

"The parties have not entered into a settlement, and aside from the agreement to bear their own fees and costs, there are no further agreements between them," according to the filing.

Wow.

[Kenngo1969]

Aaaaand ... it dies with a whimper.

Gee, who saw that coming?!

[Calm]

So is there still a motion in play for dismissal with prejudice or not?

[esodije]

The dismissal was inevitable, but the timing and sequence of events still seem somewhat breathtaking.  I guess it’s possible that the church came into information concerning Denson that might, if disclosed to the court and the public, result in sanctions and public shame. I think, however, that Denson simply—finally—saw the writing on the wall. She seemed so sure in the beginning that she was in for a big payday, and someone had to have amped her up on that notion; however, the chances of a windfall sort of...evanesced...with the MormonLeaks disclosure. Her attorneys, by whom I believe she was ill-used, jettisoned her when the unlikelihood of a settlement became clear.. The rest has all been a circus sideshow.

[Avatar4321]

18 minutes ago, esodije said:

The dismissal was inevitable, but the timing and sequence of events still seem somewhat breathtaking.  I guess it’s possible that the church came into information concerning Denson that might, if disclosed to the court and the public, result in sanctions and public shame. I think, however, that Denson simply—finally—saw the writing on the wall. She seemed so sure in the beginning that she was in for a big payday, and someone had to have amped her up on that notion; however, the chances of a windfall sort of...evanesced...with the MormonLeaks disclosure. Her attorneys, by whom I believe she was ill-used, jettisoned her when the unlikelihood of a settlement became clear.. The rest has all been a circus sideshow.

It really was a long day coming.  Did Utah shut down the courts like other states did for Covid? I thought we were expecting this back in February 

[Kenngo1969]

1 hour ago, Calm said:

So is there still a motion in play for dismissal with prejudice or not?

Unless I missed something, the Court granted the motion.

So, in the immortal words of Porky Pig Buh-duh-buh-duh-Th-tha-tha-that's all, folks! 🐷

Perhaps the saddest thing of all to come out of this whole debacle is that Ms. Denson actually could have gotten some psychological help.  I'm sure the attorneys for the Church of Jesus Christ of Latter-day Saints aren't so cold, mean, cruel, and heartless that, if she'd asked for it or had been willing to agree to it, they would have said, "Nope!  We're not giving you anything, and that includes not paying for counseling."

One has to: (a) know she has a problem; (b) know there is help for it; (c) be willing to accept help for it.  The saddest thing of all, perhaps, is that Ms. Denson seems to be completely oblivious on all three of those counts.

[Kenngo1969]

26 minutes ago, Avatar4321 said:

It really was a long day coming.  Did Utah shut down the courts like other states did for Covid? I thought we were expecting this back in February 

I can't speak for what happened in the U.S. District Court for the District of Utah, which adjudicated Ms. Denson's case, but I've had a case slowly meandering its way toward resolution in the State's Third District Court (Utah State Court) since March.  I've filed: (a) a Civil Complaint; (b) an Amended Complaint; (c) Initial Disclosures; (d) Second Set of Initial Disclosures; (e) a Request for Admissions; (f) a Motion to Have Matters in Plaintiff's Request for Admissions Deemed Admitted (this was granted, finally, after I spent months attempting to track down the Defendant at more than one address without success and she kept on returning my mail unopened); and (g) a Motion for Summary Judgment ... which, currently, is pending.  She told the Postmaster, "Don't deliver mail from his address to mine."  I said to myself, "That's fine.  It's more expensive, but there's always UPS.  They don't give a damn whether you've told the Postmaster that mail from my address isn't to be delivered to yours." 

My opponent actually filed an Answer to my Complaint, which, frankly, I was so shocked by that I almost fell out of my chair ...  She could have saved us both months of time and aggravation by simply ignoring my Complaint and letting me move for default judgment.   Otherwise, her two main strategies have been to: (a) Ignore me; and (b) Claim that I have been harassing her.  I'm not sure, given (a) and (b) above, why she didn't simply ignore me altogether.  I suspect that she's in the awkward position of feeling harassed (allegedly), while, at the same time, craving the attention.  (In some ways, she reminds me of Ms. Denson, actually.)

I haven't asked for any hearings.  I doubt she would be in attendance (remotely or otherwise) if I had.  If I had, probably, they would have been held via Zoom.

[Calm]

41 minutes ago, Kenngo1969 said:

Unless I missed something, the Court granted the motion.

So, in the immortal words of Porky Pig Buh-duh-buh-duh-Th-tha-tha-that's all, folks! 🐷

Perhaps the saddest thing of all to come out of this whole debacle is that Ms. Denson actually could have gotten some psychological help.  I'm sure the attorneys for the Church of Jesus Christ of Latter-day Saints aren't so cold, mean, cruel, and heartless that, if she'd asked for it or had been willing to agree to it, they would have said, "Nope!  We're not giving you anything, and that includes not paying for counseling."

One has to: (a) know she has a problem; (b) know there is help for it; (c) be willing to accept help for it.  The saddest thing of all, perhaps, is that Ms. Denson seems to be completely oblivious on all three of those counts.

Part of the fundraising was pushed as helping to pay for her therapy sessions. Iirc they claimed she was traumatized by the whole conflict and currently needing 3-5 sessions weekly to function, to be able to travel to be at the legal dispositions of witnesses. Unless someone was keeping track of the expenses, if Denson had direct access to the donations, my guess is it didn’t go to therapy based on her previous scams, but who knows. The funding was also to pay for her travel expenses. 

[smac97]

13 hours ago, esodije said:

The dismissal was inevitable, but the timing and sequence of events still seem somewhat breathtaking.  I guess it’s possible that the church came into information concerning Denson that might, if disclosed to the court and the public, result in sanctions and public shame. I think, however, that Denson simply—finally—saw the writing on the wall. She seemed so sure in the beginning that she was in for a big payday, and someone had to have amped her up on that notion; however, the chances of a windfall sort of...evanesced...with the MormonLeaks disclosure.

As I recall, she waffled a lot on MormonLeaks, first claiming that they released the audio file without her authorization, then saying she was glad they did it (her attorneys said the same thing).  Then it came out that she had sent the audio file to a bunch of people, thus eliminating any sort of reasonable expectation of privacy.

Quote

Her attorneys, by whom I believe she was ill-used,

Could you elaborate? 

Quote

jettisoned her when the unlikelihood of a settlement became clear.. The rest has all been a circus sideshow.

Yep.  She destroyed her own case.  Several times over.

Thanks,

-Smac

Edited December 11, 2020 by smac97

[smac97]

12 hours ago, Avatar4321 said:

It really was a long day coming.  Did Utah shut down the courts like other states did for Covid? I thought we were expecting this back in February 

It looks like the Church's attorneys have spent many months going through the procedural formalities of getting the court to force Denson to turn over documents, recordings, passwords, etc.  My sense is that they attorneys ended up with pretty solid evidence that she had lied a lot about what sorts of documents and evidence she had, she "lost" passwords, her phone, documents, etc., and so on.  In other words, I suspect they found out that she tried to hide or destroy evidence, which is an extremely serious thing.

Thanks,

-Smac

[Calm]

12 hours ago, esodije said:

Her attorneys, by whom I believe she was ill-used,

Considering her background, her “interview” with Bishop”, her known and documented threats and scams, lying to police, willingness to have men imprisoned on false claims of rape, willingness to rip off soc sec numbers and credit cards to pay her own bills, willingness to risk her own life (swallowing metal blades) for money. and then her delays once she was her own lawyer...I think the probability is more likely her attorneys were ill-used by her. 

Edited December 11, 2020 by Calm

[PacMan]

I wish this dismissal received the same amount of publicity as the complaint did.  This is a big, big deal.  Denson has made fools of herself and her supporters.

[bluebell]

6 minutes ago, PacMan said:

I wish this dismissal received the same amount of publicity as the complaint did.  This is a big, big deal.  Denson has made fools of herself and her supporters.

Does she still have supporters?  Honest question.  She seems to have burned most of her bridges.

[PacMan]

16 minutes ago, bluebell said:

Does she still have supporters?  Honest question.  She seems to have burned most of her bridges.

Touché.