David L.
Mortensen (8242)
[email protected]
FOLEY & LARDNER LLP
95 South State Street, Suite 2500
Salt Lake City, UT 84111
Telephone: (801) 401-8900
Facsimile: (385) 799-7576
Attorneys for Plaintiff/Petitioners
IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR
SALT LAKE COUNTY, STATE OF UTAH
VANGUARD ACADEMY, a Utah Charter SUGGESTION OF MOOTNESS AND
School; KENT JOHNSON, an individual; STIPULATED MOTION TO DISMISS
JOSHUA PETERSON, an individual; WITHOUT PREJUDICE
GRACE MITCHELL, an individual;
KIMLY MANGUM, an individual;
SCOTT KINGSTON, an individual; ERIC
FREEMAN, an individual; DARREN Case No. 220905302
JENKINS, an individual; DANIEL
JESSOP, an individual; BENJAMIN
ROBINSON, an individual, The Honorable Laura Scott
Petitioners/Plaintiffs,
v.
UTAH STATE CHARTER SCHOOL
BOARD,
Respondent/Defendant.
Pursuant to Rule 41(a)(1)(A)(ii) of the Utah Rules of Civil Procedure, petitioners/
plaintiffs Vanguard Academy, and Kent Johnson, Joshua Peterson, Grace Mitchell, Kimly
Mangum, Scott Kingston, Eric Freeman, Darren Jenkins, Daniel Jessop and Benjamin Robinson
(collectively, the “Vanguard Board Members”) (collectively, “Vanguard”) and
respondent/defendant Utah State Charter School Board (the “Charter School Board”) hereby
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submit this suggestion of mootness and stipulate and jointly move the Court to dismiss the
above-captioned litigation without prejudice, with each party bearing their own costs and
attorneys’ fees. The parties also stipulate and jointly move the Court to vacate the Temporary
Restraining Order (as defined below) entered on September 7, 2022 and the Preliminary
Injunction Hearing (as defined below) scheduled for October 4, 2022. In support of this
suggestion and stipulated motion, the parties represent as follows:
1. On August 22, 2022, the Charter School Board voted to replace each of
the Vanguard Board Members.
2. On August 30, 2022, Vanguard filed a Complaint and Petition for Judicial
Review (the “Petition”) and a Motion for Temporary Restraining Order and Preliminary
Injunction (the “Temporary Restraining Order Motion”).
3. On September 6, 2022, the Charter School Board filed its Memorandum in
Opposition to Plaintiff Vanguard Academy’s Motion for Temporary Restraining Order
and Preliminary Injunction.
4. On September 7, 2022, the Court held a hearing on the Temporary
Restraining Order Motion. At the end of that hearing, the Court granted the Temporary
Restraining Order Motion in part, temporarily prohibiting the removal and replacement of
the Vanguard Board Members (the “Temporary Restraining Order”). The Court also
scheduled a hearing on Vanguard’s motion for a preliminary injunction for October 4,
2022 (the “Preliminary Injunction Hearing”).
5. On September 8, 2022, the Charter School Board voted to rescind the
August 22, 2022 decision to remove and replace the Vanguard Board Members and,
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instead, to appoint a mentor to assist and provide training to the Vanguard Board
Members.
In light of the foregoing, the Temporary Restraining Order Motion, the Temporary Restraining
Order and the Preliminary Injunction Hearing are moot and the parties stipulate to dismissal of
this litigation, in its entirety, without prejudice.
A proposed Order of Dismissal Without Prejudice is submitted concurrently herewith.
DATED: September 13, 2022
FOLEY & LARDNER, LLP
/s/ David L. Mortensen _
David L. Mortensen
Attorneys for Plaintiff/Petitioners
DATED: September 13, 2022
OFFICE OF THE UTAH ATTORNEY GENERAL
/s/ David C. Jones (signed with permission)
David J. Jones
Attorneys for Utah State Charter School Board
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CERTIFICATE OF SERVICE
On September 13, 2022, I caused a true and correct copy of the foregoing to be filed with
the Utah State e-filing service, which caused an electronic copy to be served on the following:
David C. Jones
Assistant Utah Attorney General
160 East 300 South, Fifth Floor
Salt Lake City, Utah 84114-0853
Telephone: (385) 479-2428
Email: [email protected]
Attorneys for the Utah State Charter School Board
/s/ Stacy A. Kamaya
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