Case 2:14-cv-00876-DN-DBP Document 182 Filed 10/15/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
UTAH REPUBLICAN PARTY,
Plaintiff,

ORDER TO SHOW CAUSE RE:

CONTEMPT

CONSTITUTION PARTY OF UTAH,

Case No. 2:14-cv-00876-DN-DBP
Plaintiff and Intervenor,
District Judge David Nuffer
Magistrate Judge Dustin B. Pead

v.
GARY R. HERBERT, et al.,
Defendants.

On September 24, 2015, an order was entered striking the Utah Republican Partys
Motion for Summary Judgment. 1 That order noted that counsel for the Utah Republican Party
had repeatedly failed to comply with at least sixteen deadlines during the course of this
litigation. 2
The next deadline for the Utah Republican Party was a deadline to file a memorandum in
opposition to the States motion for summary judgment. Per the Scheduling Order, 3 The Utah
Republican Partys opposition memo was due on October 9 at 4:30 p.m. 4 The Utah Republican
Partys opposition memo was filed on October 9 at 11:54 p.m. 5 The Utah Republican Party also

Order Striking [167] Motion for Summary Judgment and [168] Corrected Motion for Summary Judgment (171
Order), docket no. 171, entered September 24, 2015.

171 Order at 2; Table attached to 171 Order.

Scheduling Order, docket no. 43, entered February 17, 2015.

Id. at 1 (**ALL TIMES 4:30 PM UNLESS INDICATED**) (emphasis in original).

Memorandum in Opposition to Defendants Motion for Summary Judgment, docket no. 176, filed October 9, 2015.

Case 2:14-cv-00876-DN-DBP Document 182 Filed 10/15/15 Page 2 of 2

filed a 263-page Appendix to the opposition memo on October 10, which was after the deadline
and which was filed without leave of court or a motion seeking leave of court. 6
Despite being warned repeatedly and sanctioned by the court, counsel for the Utah
Republican Party continues to disregard deadlines in this case. Indeed, a mere 15 days after the
motion for summary judgment was stricken, counsel for the Utah Republican Party missed
another deadline. Accordingly,
IT IS HEREBY ORDERED that counsel for the Utah Republican Party, Mr. Marcus
Mumford, must file a response on or before October 20, 2015 at 4:00 p.m. to show cause why
he should not be held in contempt and appropriately sanctioned including possible
disqualification of Mr. Mumford from further representation in this case, and why any other
relief as determined by the court should not be ordered due to his continued non-compliance with
deadlines in this litigation.

Dated October 15, 2015.

BY THE COURT:
____________________________
David Nuffer
United States District Judge

Appendix to Memorandum in Opposition to Defendants Motion for Summary Judgment, docket no. 177, filed
October 10, 2015.