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On July 18, another Utah Court dismissed claims against Bienert Katzman Littrell Williams LLP’s client Timothy Ballard with prejudice.

Plaintiff Celeste Borys sued Mr. Ballard, the founder and former CEO of an anti-child trafficking organization, for alleged sexual misconduct. After a motion brought by BKLW attorneys and an evidentiary hearing, the judge found that Ms. Borys’s theft and her attorneys’ public use of the documents was deliberate and egregious and prejudiced Mr. Ballard.

“Practically speaking, what Ms. Borys did is no different than if she had used a key to access Mr. Ballard’s office in the dark of night to secretly photocopy documents from locked file drawers, including documents that were marked as privileged,” the Honorable Todd M. Shaughnessy wrote in his 58-page ruling. “The wrongful nature of that conduct should have been obvious to anyone, including, importantly, her lawyers.”

The Court concluded that only terminating sanctions would appropriately punish Ms. Borys’s behavior and deter others from similar conduct.

“As the Court found, the theft of a party’s documents is unquestionably wrong,” said BKLW Partner Alexis Paschedag Federico. “It is an attack not only on that party’s due process and the right to a fair trial but undermines the public’s faith in our justice system.”

In the fall of 2023 five different cases asserting claims against Mr. Ballard were filed in Utah state court. Of these five cases in which BKLW represents Mr. Ballard, three have now been thrown out by different judges at or near the pleadings stage.

“We are very thankful to the court for its 58-page, detailed, thorough opinion that dismissed this case against Mr. Ballard,” said BKLW Partner Whitney Z. Bernstein. “Led by Alexis Paschedag Federico, this hard-fought victory is a testament to BKLW’s tenacity and exceptional legal acumen.”

Mr. Ballard did not commit any wrongdoing and has won three cases already. He has also filed defamation cases against Ms. Borys and other women who have accused him of sexual misconduct.

BKLW partners Thomas H. Bienert, Jr., Whitney Z. Bernstein, and Alexis Paschedag Federico and paralegals Toni Thomas and Miriah Edwards represented Mr. Ballard, along with Call & Jensen’s partner Mark L. Eisenhut. The case is Celeste Borys, et al. v. Timothy Ballard, et al., No. 230907663, filed October 10, 2023, in the District Court for the Third Judicial District in and for Salt Lake County, state of Utah.

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Thomas H. Bienert, Jr.

Thomas H. Bienert, Jr.

Thomas H. Bienert, Jr. is widely recognized as one of the nation’s best trial attorneys.  After spending ten years as a federal prosecutor and two years at a national law firm, Tom founded this firm in 2000 and steadily grew it to its current size through the addition of other […]

Whitney Z. Bernstein

Whitney Z. Bernstein

Whitney Z. Bernstein is an accomplished trial attorney and aggressive litigator with a track record for achieving success for her clients when the odds are against them. She has spent her career successfully defending felony and misdemeanor federal and state criminal offenses, leading companies in internal investigations and advising individuals […]

Alexis Paschedag Federico

Alexis Paschedag Federico

Alexis is an accomplished civil litigator who represents companies and individuals alike in a wide variety of high stakes and complex disputes. Her litigation practice includes contract and licensing disputes, business tort claims, corporate governance and partnership disputes, class action, insurance coverage and bad faith, appellate, and white collar defense […]

Toni Thomas

Toni Thomas

Toni is an accomplished trial and appellate paralegal with a track record of success in high-profile civil and criminal matters across federal and state courts, bringing a results-oriented, client-centered approach to complex litigation. She leverages deep courtroom experience to help attorneys identify pivotal issues in discovery, assess case strengths and […]

Miriah Edwards

Miriah Edwards

Miriah Edwards is a paralegal who assists attorneys in a wide range of complex civil litigation and criminal cases in state and federal courts.  She is involved in cases involving issues such as false claims actions, money laundering, mail fraud, violation of the anti-kickback statute, complex business disputes and employment […]

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