The Order of the Court is stated below:

Dated: May 10, 2022 /s/ KARA PETTIT

12:31:12 AM District Court Judge

Sam Meziani (9821)

GOEBEL ANDERSON PC
405 South Main Street, Suite 200
Salt Lake City, UT 84111
Telephone: 801.441.9393
smeziani@gapclaw.com
Attorneys for Plaintiffs

IN THE THIRD JUDICIAL DISTRICT COURT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

AARON JAMES and TIFFANY JAMES,

Heirs and Personal Representatives of the ORDER GRANTING IN PART AND
Estate of Zane James and in their individual DENYING IN PART DEFENDANTS’
capacities; MOTION TO DISMISS

Plaintiffs,
Case No. 210906323
vs.
Judge Kara Pettit
CASEY DAVIES, and CITY OF
COTTONWOOD HEIGHTS, Tier 3

Defendants.

The Court heard oral argument on Defendants’ Joint Motion to Dismiss on May 4, 2022.

Plaintiffs Aaron and Tiffany James, in their individual capacity and as representatives of the

Estate of Zane James, were represented by Sam Meziani. Defendant Casey Davies was

represented by Mitchell Stephens. Defendant City of Cottonwood Heights was represented by

Heather White. Based on the briefs, the arguments of counsel, and the concessions of Plaintiffs,

the Court finds, rules, and orders as follows:

May 10, 2022 12:31 AM 1 of 4

 1. The Court finds that Plaintiffs, through their former counsel, did not serve a

notice of claim as required by the Utah Governmental Immunity Act. Utah Code Ann. § 63G-7-

402. Defendants’ motion to dismiss Count I of the Complaint for wrongful death is therefore

GRANTED. Count I of the Complaint is DISMISSED WITH PREJUDICE.

2. The Court finds and rules Plaintiffs are not entitled to punitive damages against

the City of Cottonwood Heights, a municipality. Utah Code Ann. § 63G-7-603(1)(a). Therefore,

the City of Cottonwood Heights’ motion to dismiss that claim is GRANTED, and Plaintiffs’

claim against the City of Cottonwood Heights for punitive damages is DISMISSED WITH

PREJUDICE.

3. The Court finds Plaintiffs filed claims for violation of the Due Process Clause of

the Utah Constitution (Article I, Section 7), and for use of excessive force in violation of the

Utah Constitution (Article I, Section 14), in the United States District Court for the District of

Utah on May 16, 2019. These claims arising under the Utah Constitution are not subject to the

Utah Governmental Immunity Act. Pursuant to 28 U.S.C. § 1367(d), Plaintiffs’ federal filing in

2019 tolled the state statute of limitations. Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Because the claims were tolled on May 16, 2019, and remain tolled, Defendants’ argument the

claims are time-barred is incorrect, and Defendants’ motion is DENIED.

4. Tiffany James and Aaron James do not, individually, have standing to pursue the

state constitutional claims asserted in their complaint. Therefore, Defendants’ motion to dismiss

the state constitutional claims asserted by Tiffany James and Aaron James individually is

therefore GRANTED and those claims are dismissed WITH PREJUDICE. Because no claims

May 10, 2022 12:31 AM 2 of 4

 asserted by Tiffany James and Aaron James in their individual capacity remain pending, the

Court DISMISSES them as individual plaintiffs.

IT IS SO ORDERED.

***Entered by the Court on the Date as Indicated by the Court’s Seal

at the Top of the First Page***

APPROVED AS TO FORM:

SNOW, CHRISTENSEN & MARTINEAU

/s/ Heather White

Heather White
Dani N. Cepernich
Bryson R. Brown
Attorneys for Cottonwood Heights
[Signed w/ permission of Heather White]

JAMES DODGE RUSSELL & STEPHENS, P.C.

/s/ Mitchell A. Stephens

Mark F. James
Mitchell A. Stephens
Justin L. James
Attorneys for Casey Davies
[Signed w/ permission of Mitchell A. Stephens]

May 10, 2022 12:31 AM 3 of 4

 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 9th day of May, 2022, I electronically filed the
foregoing document with the Clerk of the Court using the Utah Trial Court/ECF system which
sent notification of such filing to the following:

Mark F. James
Mitchell A. Stephens
Justin L. James
JAMES DODGE RUSSELL & STEPHENS, P.C.
10 West Broadway, Suite 400
Salt Lake City UT 84101
mjames@jdrslaw.com
mstephens@jdrslaw.com
jjames@jdrslaw.com
Attorneys for Casey Davies

Heather White
Dani N. Cepernich
Bryson R. Brown
SNOW, CHRISTENSEN & MARTINEAU
10 Exchange Place, Eleventh Floor
Salt Lake City UT 84145
hsw@scmlaw.com
dnc@scmlaw.com
bb@scmlaw.com
Attorneys for Cottonwood Heights

/s/ Kelly Ricker

May 10, 2022 12:31 AM 4 of 4