District Court, D. Utah February 3, 2005, No. 2:01 CV 490 (Whatcott v. City of Provo)

MEMORANDUM OPINION & ORDER

BENSON, District Judge.

Before the Court is defendant’s Motion to Dismiss or, Alternatively, to Compel Discovery. Having considered the parties’ briefs and the applicable law, the Court issues the following Memorandum Opinion and Order.

I. Background

In 1999, Plaintiff Scott Whatcott was prosecuted by defendant for violating Provo City’s Telephone Harassment Ordinance.