1A Docket First Amendment · Utah

Utah Third District Court · No. 230907663

Borys v. Ballard (Katherine Ballard's special motion)

Granted UPEPA

Forum
Utah Third District Court
Case number
No. 230907663
Motion decided
May 9, 2024
Outcome
Granted
Underlying case
The claims against Timothy Ballard were thrown out for good on July 18, 2025, as a penalty for how he handled evidence.
Conduct at issue
Radio and podcast interviews and social media posts defending a spouse against public allegations
Underlying claims
Civil conspiracy, outrage, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence

What the court held

  • Judge Todd Shaughnessy applied the act even though the plaintiffs said they had not brought a defamation action against Katherine Ballard. Their opposition said they were not suing her for anything she said on the two shows.
  • One paragraph did not rest on her speech, and the court set it aside as conclusory. Every remaining claim rested on her public statements, so the act reached them. The names given to the causes of action did not change that.
  • The plaintiffs lost at the second step because they offered allegations rather than evidence. Section 78B-25-107(1)(c)(i) asks for a prima facie case built on evidentiary facts, judged the way a court judges summary judgment.
  • The court granted the motion on May 9, 2024 and dismissed all claims against her with prejudice. A motion to reconsider filed May 24, 2024 was denied.
  • A July 23, 2024 order awarded $20,000 of the $84,137.80 requested. The supporting declaration showed 155.3 hours.

Docket · filings

23 filings
Oct 10, 2023Plaintiff
The lawsuitComplaint and jury demand
PDF
Dec 6, 2023Plaintiff
The lawsuitFirst amended complaint, adding Katherine Ballard as a defendant
PDF
Feb 20, 2024Defendant
The special motionSpecial motion for expedited relief to dismiss the first amended complaint
PDF
Feb 20, 2024Defendant
The special motionDeclaration of Katherine Ballard supporting the special motion
PDF
Mar 6, 2024Plaintiff
OppositionResponse opposing the special motion
PDF
Mar 18, 2024Defendant
Reply in supportReply supporting the special motion
PDF
Mar 18, 2024Defendant
ProceduralRequest to submit the special motion for decision
PDF
May 9, 2024Court
The rulingRuling and order granting the special motion
PDF
May 24, 2024Defendant
FeesDeclaration of counsel supporting the fee request, with billing records
PDF
May 24, 2024Defendant
FeesCorrected version of the same declaration, with the exhibits relettered
PDF
May 24, 2024Plaintiff
ProceduralMotion to reconsider the May 9, 2024 ruling
PDF
Jun 7, 2024Defendant
ProceduralEx parte motion for leave to file an overlength brief
PDF
Jun 7, 2024Defendant
ProceduralProposed order granting leave to file an overlength brief
PDF
Jun 7, 2024Defendant
ProceduralOpposition to the motion to reconsider the May 9, 2024 ruling
PDF
Jun 7, 2024Defendant
ProceduralExhibit A to the opposition, the uniform act with prefatory note and comments
PDF
Jun 11, 2024Court
ProceduralOrder granting leave to file an overlength brief
PDF
Jun 14, 2024Plaintiff
FeesOpposition to the corrected fee declaration
PDF
Jun 17, 2024Defendant
ProceduralRequest to submit the motion to reconsider for decision
PDF
Jun 21, 2024Defendant
FeesDeclaration of counsel supporting the response on the corrected fee declaration
PDF
Jun 21, 2024Defendant
FeesCorrected declaration of counsel on fees tied to the special motion
PDF
Jun 21, 2024Defendant
FeesProposed order awarding the full $84,137.80 requested, submitted for signature
PDF
Jul 17, 2024Defendant
FeesThe same proposed order, returned by the court stamped not signed
PDF
Jul 23, 2024Court
FeesRuling awarding $20,000 of the $84,137.80 requested
PDF

Source

Decision ↗

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Not legal advice. Deadlines in your case may differ. Talk to a lawyer.