Doe v. Wright et al
| Jane Doe |
| Bill Wright, Darla Huxel, City of Umatilla, Keith Kennedy and John 1-10 Does |
| 2:2023cv00332 |
| March 8, 2023 |
| US District Court for the District of Oregon |
| Andrew D Hallman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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Filing 27
OPINION & ORDER: Wrights Motion to Dismiss (ECF #17 ) is DENIED as to Plaintiffs first claim for relief and GRANTED as to the remaining claims. Umatilla Defendants Motion to Dismiss (ECF #18 ) is GRANTED. Plaintiffs first claim for relief against Kennedy, Huxel, and the City is dismissed WITHOUT PREJUDICE. Plaintiffs second, third, and fourth claims for relief are dismissed WITH PREJUDICE. Finally, the Court sua sponte dismisses the John Doe defendants WITHOUT PREJUDICE. Signed on 10/16/23 by Magistrate Judge Andrew D. Hallman. (eo)
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Filing 26
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on July 14, 2023 before Judge Andrew Hallman, Court Reporter Jeannine Manny, telephone number 541-276-0630. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/7/2023. Redaction Request due 8/21/2023. Redacted Transcript Deadline set for 8/31/2023. Release of Transcript Restriction set for 10/30/2023. (dsg)
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Filing 25
MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss for Failure to State a Claim #18 and Motion to Dismiss for Failure to State a Claim #17 . Motions are taken under advisement as of 7/14/2023. The Court orders a transcript to be prepared at the government's expense within two weeks. Christopher Hayes, Patrick Gregg, Terry Scannell present as counsel for plaintiff. Andrew Campbell, William Stabler, David Lewis present as counsel for defendants. Court Reporter: Jeannine Manny. Magistrate Judge Andrew D. Hallman presiding. (Related document(s): Motion to Dismiss for Failure to State a Claim #18 , Motion to Dismiss for Failure to State a Claim #17 .) (dsg)
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Filing 24
Supplement Authorities. Filed by Jane Doe. (Related document(s): Response to Motion #21 .) (Scannell, Terry)
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Filing 23
Reply to Motion to Dismiss for Failure to State a Claim #18 . Filed by Darla Huxel, Keith Kennedy, City of Umatilla. (Lewis, David)
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Filing 22
Reply to Motion to Dismiss for Failure to State a Claim #17 . Filed by Bill Wright. (Campbell, Andrew)
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Filing 21
Response to Motion to Dismiss for Failure to State a Claim #18 , Motion to Dismiss for Failure to State a Claim #17 Oral Argument requested. Filed by Jane Doe. (Scannell, Terry)
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Filing 20
ORDER: Granting Plaintiff's Unopposed Motion to File Over-Length Response #19 . Ordered on 6/8/2023 by Magistrate Judge Andrew D. Hallman. (gw)
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Filing 19
Unopposed Motion to File Over-Length Response. Filed by Jane Doe. (Hayes, Christopher)
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Filing 18
Motion to Dismiss for Failure to State a Claim . Filed by City of Umatilla, Darla Huxel, Keith Kennedy. (Stabler, William)
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Filing 17
Motion to Dismiss for Failure to State a Claim . Filed by Bill Wright. (Campbell, Andrew)
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Filing 16
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ecp)
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Filing 15
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 14
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 13
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 12
MINUTES of Proceedings: Status Conference held before Magistrate Judge Andrew Hallman. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 5/19/2023. Defendants' motions to dismiss are due by 5/19/2023. Plaintiffs omnibus response to Defendants' motions to dismiss is due by 6/9/2023. Defendants' replies are due by 6/23/2023. Oral Argument is set for 7/14/2023 at 09:30AM in Pendleton before Magistrate Judge Andrew D. Hallman. Defendants' oral motion to stay discovery, which is unopposed, is GRANTED. Fact discovery opens two days after this Court's ruling on defendants' motions to dismiss. In addition, the parties shall submit a proposed scheduling order and exchange initial disclosures two days after this Court's ruling on ruling on defendants motions to dismiss. Christopher Hayes, Patrick Gregg, Terry Scannell present as counsel for plaintiff. Andrew Campbell, William Stabler, David Lewis present as counsel for defendants. Court Reporter: FTR-10B. (dsg)
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Filing 11
Notice of Appearance of Andrew D. Campbell appearing on behalf of Bill Wright. Filed by on behalf of Bill Wright. (Campbell, Andrew)
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Filing 10
SCHEDULING ORDER: Status Conference is set for 5/8/2023 at 02:00PM by telephone before Magistrate Judge Andrew D. Hallman. Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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Filing 9
Proposed Joint Case Management Schedule . Filed by Jane Doe. (Hayes, Christopher)
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Filing 8
Amended Complaint . Filed by Jane Doe against John 1-10 Does, Darla Huxel, Keith Kennedy, City of Umatilla, Bill Wright (Attachments: #1 Exhibit). (Scannell, Terry)
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Filing 7
Waiver of Service of Summons Returned Executed by Bill Wright waiver sent on 3/21/2023. Filed by Jane Doe. (Scannell, Terry)
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Filing 6
ORDER: This Court GRANTS Defendants City of Umatilla, Kennedy and Huxel's motion for extension of time. Defendants' response is due May 19, 2023, or within 14 days after filing and service of an amended complaint pursuant to F.R.C.P. 15(a) (3), whichever is later. Ordered by Magistrate Judge Andrew D. Hallman. (dsg)
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Filing 5
Unopposed Motion for Extension of Time to Answer Complaint, #1 . Filed by City of Umatilla, Darla Huxel, Keith Kennedy. (Lewis, David)
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Filing 4
Summons Issued Electronically as to Darla Huxel, Keith Kennedy, City of Umatilla, Bill Wright. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 issued summons, #2 issued summons, #3 issued summons) (ecp)
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Filing 3
Civil Cover Sheet regarding Complaint, #1 . Filed by Jane Doe. (Attachments: #1 Proposed Summons Bill Wright Summons, #2 Proposed Summons Darla Huxel Summons, #3 Proposed Summons Keith Kennedy Summons, #4 Proposed Summons City of Umatilla Summons) (Scannell, Terry)
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Filing 2
Notice of Case Assignment to Magistrate Judge Andrew D. Hallman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/7/2023. Joint Alternate Dispute Resolution Report is due by 8/7/2023. Pretrial Order is due by 8/7/2023. Ordered by Magistrate Judge Andrew D. Hallman. (ecp)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: BORDC-8846681 Jury Trial Requested: Yes. Filed by Jane Doe against Darla Huxel, City of Umatilla, Bill Wright, Keith Kennedy (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Summons). (Scannell, Terry)
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