Kay Burningham, Attorney at Law

Licensed in Utah and California*.


Frequently Asked Questions - Proposed Gaddy (LDS) Class Action
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Gaddy (LDS) Class Action Case Status - as of March 25, 2021
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We waited over 60 days from oral argument on January 5, 2021 for Judge Shelby’s ruling. He indicated at oral argument that it might take a while for him to rule. During this time, we ordered and reviewed the transcripts of both hearings and decided that given the comments made by Judge Shelby at those hearings, together with the ambiguities in federal procedural case law in conjunction with the local rules of civil procedure, it would be more advantageous to file a motion for leave to file a Second Amended Complaint instead of waiting for his ruling.

Therefore, we filed the motion which is available to download here (see below). You will see that we included allegations of commercial use of tithing principal generally, not just related to City Creek, and in the context of longstanding representations that tithing was used for church purposes. We pleaded it in the alternative so that if Judge Shelby does not agree with our arguments that the Brethren’s correlated materials equate with their nonbelieving states of mind, the representation of which is a misrepresentation of fact, or that the Church had no duty under Utah law to disclose the stones, artifacts, primary manuscripts, documents, and other information in its vault, that he can easily dismiss the other claims and retain the claim about tithing. If that is done, we can arguably go forward on the tithing claims, while simultaneously appealing the other claims to the Tenth Circuit, and perhaps even SCOTUS.

You have likely read about James Huntsman filing a case in Los Angeles for fraud against COP. His is NOT a class action; his claims are specific to him individually and based solely on alleged misrepresentations re: City Creek Mall and Beneficial Life Insurance as claimed in the 2019 IRS Whistleblower claim. Note that COP has denied the truth of these allegations. See the bottom of the article:

https://www.abc4.com/news/religion/brother-of-former-gov-huntsman-files-lawsuit-accuses-the-church-of-fraud/

The truth of the misrepresentation allegations, including the concealment of the stones, artifacts, primary manuscripts, documents, and other information in the Gaddy case re: LDS history (e.g., seer stone use in the “translation” of the Book of Mormon, facsimiles in Book of Abraham not depicting Hebrew prophet, Abraham, etc.), and Smith’s character (e.g., 40 wives, 1826 fraud conviction) is not really in dispute because COP has admitted most of them in their gospel essays. Our case is factually easy to prove but is tougher to get past the First Amendment than perhaps James’ case will be. However, we have pleaded an alternative theory that COP’s representations that tithing was to be used for church {reasonably interpreted as religious] purposes was misleading. You will find those allegations in the proposed Second Amended Complaint attached as Exhibit no. 1 to our Motion.

The schedule now is as follows: COP has until April 14, 2021 to respond to our motion (they will oppose it). We have until May 12th to reply to that response. Then Judge Shelby will decide whether 1) he will allow the 2AC; or, 2) he will deny and rule on the prior AC.

This is a landmark case, with important First Amendment religious liberty issues. We have always known that it will take years to resolve the case. We appreciate all of your ongoing support during this period.

Documents Filed:

Motion for leave to file 2nd Amended Complaint
Proposed 2nd Amended Complaint - Exhibit 1
Faith Crisis Report - Exhibit 2
NYT Expose - Exhibit 3
Egyptian Grammar and Alphabet - Exhibit 4
1826 Fraud Trial - Exhibit 5
Church News - Use Proper Sources - Exhibit 6

We will continue to keep you updated as the case progresses.

Thank you for your ongoing support.






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