PUBLIC NOTICE
 
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The Cortez Journal
 
PUBLIC NOTICE

James W. Stewart (#3959)
Boyd L. Rogers (#10095)
BALLARD SPAHR ANDREWS & INGERSOLL, LLP
One Utah Center, Suite 600
201 South Main Street
Salt Lake City, Utah 84111-2221
Telephone: (801) 531-3000
Facsimile: (801) 531-3001
Attorneys for Plaintiff, Shem Fischer

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

SHEM FISCHER, Plaintiff, vs. FORESTWOOD COMPANY, INC., a Utah corporation, a/k/a FORESTWOOD, FORESTWOOD INDUSTRIAL, INC., a Utah corporation, CORPORATION OF THE PRESIDENT OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, CORPORATION OF THE PRESIDING BISHOP OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, WARREN S. JEFFS, JOHN DOE COMPANIES I-V, and JOHN DOE INDIVIDUALS I-X. Defendants.

ORDER ON EX PARTE MOTION FOR SERVICE BY PUBLICATION
Case No. 2-02-CV-210K
Honorable Dale A. Kimball

Based on the Motion of Plaintiff, Shem Fischer, for service by publication, the Affidavit of Sam E. Brower, and the Court's determination that the whereabouts of Defendant, Warren Jeffs, cannot be ascertained through reasonable diligence, that good cause exists to believe that Defendant Warren Jeffs is avoiding service of process and that the means of service outlined in Plaintiff's Motion is reasonable calculated under all the circumstances to apprise him of the pendency of this action to the extent reasonably possible or practicable:

IT IS HEREBY ORDERED that, pursuant to Rule 4(d)(4) of the Utah Rules of Civil Procedure as is made applicable to this Court pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure, Plaintiff shall be allowed to effect service upon Defendant Warren Jeffs by publication of this Order with a Summons in the above-referenced matter in the form of the Summons attached hereto as Exhibit "A".

This Order and the Summons shall be published on two occasions each in the following newspapers, each of which is a newspaper of general circulation in the specified county and is published in the English language:

1. The Spectrum - Washington County, Utah;
2. Eldorado Success - Schleicher County, Texas; and
3. The Cortez Journal - Montezuma County, Colorado.

Service of process shall be deemed complete after Plaintiff has filed with this Court a Proof of Service by Publication consistent with this Order. Thereafter, Defendant Warren Jeffs shall have 20 days to answer or otherwise respond to the First Amended Complaint.

DATED this 12th day of January 2005.
BY THE COURT:
/s/ Dale A. Kimball
Hon. Dale A. Kimball

James W. Stewart (#3959)
Boyd L. Rogers (#10095)
BALLARD SPAHR ANDREWS & INGERSOLL, LLP
One Utah Center, Suite 600
201 South Main Street
Salt Lake City, Utah 84111-2221
Telephone: (801) 531-3000
Facsimile: (801) 531-3001
Attorneys for Plaintiff Shem Fischer

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SHEM FISCHER, Plaintiff, vs. FORESTWOOD COMPANY, INC., a Utah corporation, a/k/a FORESTWOOD, FORESTWOOD INDUSTRIAL, INC., a Utah corporation, CORPORATION OF THE PRESIDENT OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, CORPORATION OF THE PRESIDING BISHOP OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, WARREN S. JEFFS, JOHN DOE COMPANIES I-V, and JOHN DOE INDIVIDUALS I-X. Defendants.

SUMMONS
Case No. 2-02-CV-210K
Honorable Dale A. Kimball

THE STATE OF UTAH TO:

WARREN STEED JEFFS
980 West Field Avenue
Hildale, Utah 84784

Within twenty (20) days after service of this Summons and Complaint upon you, you are required to serve a written Answer to the Complaint by hand delivering or mailing a copy of your Answer to Plaintiff’s attorneys, James W. Stewart and Boyd L. Rogers of Ballard Spahr Andrews & Ingersoll, LLP, 201 South Main Street, Suite 600, Salt Lake City, Utah 84111-2221.

You are also required to file your Answer with the Clerk of the United Stated District Court for the District of Utah, 350 South Main Street, Salt Lake City, Utah 84101, where the Complaint has been filed. If you do not serve and file an Answer to the Complaint within twenty (20) days, judgment by default will be entered against you for the relief demanded.

DATED this 27 day of August, 2004.

BALLARD SPAHR ANDREWS & INGERSOLL, LLP
/s/ James W. Stewart
Boyd L. Rogers
Attorneys for Plaintiffs

Published in the Cortez Journal January 29 and February 1, 2005.
 
cortezjournal.com
Originally published January 29, 2005
 
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