Archive for February 2007

Judge Tena Campbell – Guilty verdict in child porn case

February 15, 2007

After a one-day bench trial, Judge Tena Campbell found Matthew Duhamel guilty of three charges of child pornography.

A co-defendant previously pleaded guilty.

As reported by the Deseret Morning News: “[B]oth men argued the pictures were not pornographic because the minors were clothed, however Campbell pointed out in a ruling that the U.S. Supreme Court has determined nudity was not required to constitute pornography.”,1249,660195820,00.html


Judge Ted Stewart – Motion to Set Aside Default Judgment granted; Motion to Dismiss for Untimely Service denied

February 5, 2007

JANET S. JONES, Plaintiff, vs. SALT LAKE COMMUNITY COLLEGE, DAVID BURKE, and KEVIN SPRAGUE, individuals, and JOHN DOES 1-10., Defendants.

Case No. 2:04-CV-1183 TS

United States District Court for the District of Utah, Central Division

2007 U.S. Dist. LEXIS 7466

February 1, 2007

Plaintiff filed a Complaint alleging, among other claims, Title VII violations against all defendants.  Defendant Kevin Sprague failed to timely Answer.  Accordingly, Plaintiff filed a Motion for Entry of Default and the Clerk entered default against Sprague.

The Court stated: “For good cause shown the court may set aside an entry of default.” Fed. R. Civ. P. 55(c). . . . The relevant factors for vacating an entry of default include determining whether “(1) the moving party’s culpable conduct did not cause the default; (2) the moving party has a meritorious defense; and (3) the non-moving party will not be prejudiced by setting aside the entry of default.”

Motion to Set Aside Default Judgment granted.

Defendant Sprague countered with a Motion to Dismiss due to Untimely Service.  Service was not made until 22 months after the Complaint was filed.  Federal Rule of Civil Procedure 4(m) requires service within 120 after filing of the complaint unless the plaintiff can show “good cause” for extending such deadline.

Plaintiff claims that she had good cause for failure to timely serve, since she simply “could not find him.” Defendant claims that plaintiff’s efforts “to find him” were less than  stellar, and in any case, far too late.

After hearing such arguments, the Court held that plaintiff  (“narrowly”) demonstrated sufficient good cause to extend the time allowed for service.

Motion to Dismiss for Untimely Service denied.

Husband held; wife released in bank robbery case

February 2, 2007

Young newlyweds Joshua Rich (25 years old) and Kylee Rich (20 years old) were recently arrested for armed bank robbery.  The United States Attorney’s Office has charged both of them for a January 26, 2007 robbery, while Joshua has also been charged with armed bank robberies that occurred on November 10 and 27, 2006.

Magistrate Judge Nuffer ruled that Joshua be held in jail until his case is resolved.  Kylee was released to the custody of her parents pending trial.

The robberies were apparently motivated to support drug habits.