PUBLIC NOTICE ORDER AND SUMMONS
 
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The Cortez Journal
 
PUBLIC NOTICE ORDER AND SUMMONS

Joanne L. Suder (MD)
Admitted Pro Hac Vice
THE SUDER LAW FIRM, P.A.
210 East Lexington Street, Suite 100
Baltimore, MD 21202
Telephone: (410) 727-8177
Telephone: (866) 727-8177
Facsimile: (410) 625-2916

Attorneys for Plaintiff
Roger H. Hoole (5089)
Heather E. Morrison (6945)
Gregory N. Hoole (7894)
HOOLE & KING, L.C.
4276 S. Highland Drive
Salt Lake City, UT 84124
Telephone: (801) 272-7556
Facsimile: (801) 272-7557

IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY STATE OF UTAH

BRENT JEFFS, Plaintiff, vs. WARREN JEFFS, BLAINE JEFFS, LESLIE JEFFS, FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, AND THE UNITED EFFORT PLAN TRUST, Defendants.

ORDER ON EX PARTE MOTION FOR SERVICE BY PUBLICATION AND NOTICE BY PUBLICATION
Civil No. 040915857
Judge Stephen L. Henriod

Based on the Motion of Plaintiff, Brent Jeffs, for service by publication and notice by publication; the supporting memorandum; the Affidavit of Plaintiff’s investigator, Sam E. Brower; this Court’s determination that the whereabouts of Defendant Warren Jeffs cannot be ascertained through reasonable diligence; and good cause to believe that Defendant Warren Jeffs is avoiding service of process and that the means of service outlined in Plaintiff’s Motion is reasonably calculated under all the circumstances to apprise him of the pendency of this action to the extent reasonably possible or practicable and to ensure the preservation of relevant evidence in this case:

IT IS HEREBY ORDERED:

1. Pursuant to Rule 4(d)(4) of the Utah Rules of Civil Procedure, Plaintiff shall be allowed to effect service of process 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 of general circulation, each of which is published in the English language: a. The Spectrum - Washington County, Utah; b. Eldorado Success - Schleicher County, Texas; c. The Cortez Journal - Montezuma County, Colorado; and d. Creston Valley Advance - Bountiful, British Columbia, Canada.

In addition, process shall be served by regular mail to attorneys Rodney Parker and Scott Berry. 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.

2. Until such time as Defendant Warren Jeffs either appears in this case or falls into default for failure to appear and timely respond, Plaintiff shall be allowed to effect service upon Defendant Warren Jeffs of all other papers that he is required to serve on Defendant Warren Jeffs pursuant to Rule 5(a)(1) of the Utah Rules of Civil Procedure by publishing on one occasion in each of the newspapers of general circulation identified above a notice sufficient to apprise Defendant of the specific notice, motion or other paper filed with this Court in this case.

DATED this 23 day of November, 2004.
BY THE COURT:
/s/ Stephen L. Henriod Hon.
Judge Stephen L. Henriod [SEAL]

EXHIBIT 'A'

Joanne L. Suder (MD)
Admitted Pro Hac Vice
THE SUDER LAW FIRM, P.A.
210 East Lexington Street, Suite 100
Baltimore, MD 21202
Telephone: (410) 727-8177
Telephone: (866) 727-8177
Facsimile: (410) 625-2916

Attorneys for Plaintiffs
Roger H. Hoole (5089)
Heather E. Morrison (6945)
Gregory N. Hoole (7894)
HOOLE & KING, L.C.
4276 S. Highland Drive
Salt Lake City, UT 84124
Telephone: (801) 272-7556
Facsimile: (801) 272-7557

IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY STATE OF UTAH

BRENT JEFFS, Plaintiff, vs. WARREN JEFFS, BLAINE JEFFS, LESLIE JEFFS, FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, AND THE UNITED EFFORT PLAN TRUST, Defendants.

SUMMONS
Civil No. 040915857
Judge Stephen L. Henriod

THE STATE OF UTAH TO THE ABOVE-NAMED DEFENDANT:

Warren Jeffs You are hereby summoned and required to file an answer in writing to the attached First Amended Verified Complaint with the Clerk of the Third District Court, 450 South State Street, Salt Lake City, UT 84111 and to serve upon or mail to Roger H. Hoole, HOOLE & KING, L.C., 4276 South Highland Drive, Salt Lake City, Utah 84124 a copy of said Answer within twenty (20) days after service of this Summons upon you.

If you fail to do so, judgment by default will be taken against you for the relief demanded in said First Amended Verified Complaint, which has been filed with the Clerk of said Court and a copy of which is hereby annexed and herewith served upon you.

DATED this 7th day of October, 2004.

HOOLE & KING, L.C.
/s/ Roger H. Hoole Roger H. Hoole
Attorneys for Plaintiff

Joanne L. Suder (MD)
Admitted Pro Hac Vice
THE SUDER LAW FIRM, P.A.
210 East Lexington Street, Suite 100
Baltimore, MD 21202
Telephone: (410) 727-8177
Telephone: (866) 727-8177
Facsimile: (410) 625-2916

Attorneys for Plaintiff
Roger H. Hoole (5089)
Heather E. Morrison (6945)
Gregory N. Hoole (7894)
HOOLE & KING, L.C.
4276 S. Highland Drive
Salt Lake City, UT 84124
Telephone: (801) 272-7556
Facsimile: (801) 272-7557

IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY STATE OF UTAH BRENT JEFFS, Plaintiff, vs. WARREN JEFFS, BLAINE JEFFS, LESLIE JEFFS, FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, AND THE UNITED EFFORT PLAN TRUST, Defendants.

NOTICE OF TAKING DEPOSITION OF BRANDON JEFFS AND CERTIFICATION OF COUNSEL
Civil No. 040915857
Judge Stephen L. Henriod

PLEASE TAKE NOTICE that council for Plaintiff will take the deposition of Brandon Jeffs on Monday, December 27, 2004 at the office of WORKMAN NYDEGGER, 1000 Eagle Gate Tower, 60 East South Temple, Salt Lake City, Utah 84111 commencing at 9:00 a.m. and continuing thereafter until completed.

The deposition will be taken in accordance with the Utah Rules of Civil Procedure and before a certified shorthand and court reporter. The deposition will be recorded stenographically, and also by sound and visual means.

COUNSEL FOR PLAINTIFF HEREBY CERTIFIES that circumstances justify the taking of this disposition prior to the time specified in Rule 26(d) of the Utah Rules of Civil Procedure.

Brandon Jeffs is a Specialist in the United States Army and is currently stationed at Fort Stewart, Georgia. Specialist Jeffs' specific address is 1684 William H. Wilson Ave., Bldg. 816 A Co 1-3 BTB, Ft. Stewart, GA 31314. Specialist Jeffs is scheduled to deploy to the Middle East in early January. Specialist Jeffs will be briefly visiting family in Utah for Christmas prior to his deployment.

After this brief visit, Specialist Jeffs will be leaving the state and, eventually, the country and will, therefore, be unavailable for examination after December 27, 2004.

PLEASE TAKE FURTHER NOTICE that it is probable that Specialist Jeffs will be unavailable to testify at trial as recognized by Rule 32(a)(3)(B) of the Utah Rules of Civil Procedure. Therefore, a purpose of this deposition is to prepetuate the testimony of the witness for trial.

DATED this 1 day of December, 2004.

HOOLE & KING, L.C.
/s/ Gregory N. Hoole
Gregory N. Hoole
Attorneys for Plaintiff

Published in the Cortez Journal December 4, 2004
 
cortezjournal.com
Originally published December 4, 2004
 
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