Shayla Duke, et al v. Clyde Saiki, et al
Defendant: REGINALD C. RICHARDSON, Dr.; in his official capacity as the Deputy Director for the Oregon Department of Human Services, HEATHER BELL, in her official capacity as an Hearings Representative for Aging and People with Disabilities, Oregon Department of Human Services, DEPARTMENT OF HUMAN SERVICES, ELLEN ROSENBLUM, JOHN RADICH, in his official capacity as a District Manager for Oregon Department of Human Services, HILARY THOMPSON, in her personal and/or official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services; in her personal and/or official capacity as the seemingly alleged legal "gu, MATHEW RAPOZA, in his official capacity as an In-Home Services Policy Analyst for the Oregon Department of Human Services; in his official capacity as a US Department of Labor Compliance Specialist for the Department of Human Services, KELSEY NIELSON, in her personal and official capacity as Child Welfare Caseworker for Lane County Child Welfare, Adult & Family Services, Oregon Department of Human Services, JAMES A. DREYER, in his official capacity as Hearings Officer for the Office of Administrative Hearings, Oregon Employment Department, JULIE GREEN, in her official capacity as an Independent Choices Program Caseworker for Aging and People with Disabilities, Oregon Department of Human Services, ERIN GRAHECK, in her official capacity as a Branch Manager for Seniors & People with Disabilities, Area Agency on Aging, and Aging & People with Disabilities at the N/NE Aging and Disability Resource Center/Aging, Disability & Veterans Services Divis, LANE COUNCIL GOVERNMENTS, STEPHANIE JACKSON, in her official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services, JOANNE CALL, in her official capacity as an Administrative Hearings Coordinator for the Office of Administrative Hearings, Oregon Employment Department, ESTHER REED, in her official capacity as a Program Manager for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services, KELSEY WEIGEL, in her official capacity as a the Independent Choices Program Coordinator/Policy Analyst for Aging and People with Disabilities, Oregon Department of Human Services, BRIAN KIMBELL, in his personal and official capacity as Child Welfare Caseworker for Lane County Child Welfare, Adult & Family Services, Oregon Department of Human Services, MICHAEL MCCORMICK, in his official capacity as the Deputy Director for Aging and People with Disabilities, Oregon Department of Human Services, JORDAN CROWDER, in his official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services; in his official capacity as a Psychotropic Med Manager for Foster and Adoptive Parents Assoc, GLORIA TAYLOR OLIVARES, in her official capacity as a Branch Manager for Lane Council of Governments, Seniors and Disabled Services o/b/o Oregon Department of Human Services and DARWIN FRANKENHOFF, in his official capacity as a Program & Policy Analyst for Spousal Pay, Adult Day Services, Specialized Living, and In-Home Exceptions
Plaintiff / Appellant: DAVID DUKE and SHAYLA DUKE
Defendant / Appellee: ASHLEY CARSON COTTINGHAM, in her official capacity as the Director of Aging and People with Disabilities, Oregon Department of Human Services, CLYDE SAIKI, in his personal and official capacity as former Director of Department of Human Services, State of Oregon and FARIBORZ PAKSERESHT, in his personal and official capacity as Director of Department of Human Services, State of Oregon
Case Number: 19-35716
Filed: August 22, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2019 Filing 10 Filed (ECF) Appellant Shayla Duke Urgent Motion to recall the mandate, Motion to extend time to file petition for rehearing until 10/21/2019, Motion to file late petition for rehearing and/or petition for rehearing en banc of 9 pages. Date of service: 10/09/2019. [11459986] [19-35716] (Duke, Shayla) [Entered: 10/09/2019 04:17 PM]
October 9, 2019 Filing 9 MANDATE ISSUED. (KMW, JHN and ADH) [11458751] (CW) [Entered: 10/09/2019 07:39 AM]
September 17, 2019 Filing 8 Notice of appeal filed under seal at [4] unsealed and transmitted to district court at [ # 7 ] for filing. [11434917] (LA) [Entered: 09/17/2019 04:43 PM]
September 17, 2019 Filing 7 Filed order (KIM MCLANE WARDLAW, JACQUELINE H. NGUYEN and ANDREW D. HURWITZ): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the August 15, 2019 order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. The notice of appeal filed under seal (Docket Entry No. [4]) is ordered to be unsealed and transmitted to the district court for filing. See Fed. R. App. P. 4(d). All pending motions are denied as moot. DISMISSED. [11434636] (AF) [Entered: 09/17/2019 02:48 PM]
August 30, 2019 Filing 6 Attorneys Heather J. Van Meter, Heather J. Van Meter and Heather J. Van Meter in 19-35716 substituted by Attorneys Denise Gale Fjordbeck, Denise Gale Fjordbeck and Denise Gale Fjordbeck in 19-35716 [11417267] (CW) [Entered: 08/30/2019 03:06 PM]
August 30, 2019 Filing 5 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Ashley Carson Cottingham, Fariborz Pakseresht and Clyde Saiki. Substitution for Attorney Heather J. Van Meter, Esquire for Appellees Ashley Carson Cottingham, Fariborz Pakseresht and Clyde Saiki. Date of service: 08/30/2019. (Party previously proceeding without counsel: No) [11417240] [19-35716] (Fjordbeck, Denise) [Entered: 08/30/2019 02:57 PM]
August 29, 2019 Filing 4 Filed (ECF) UNDER SEAL Appellants David Duke and Shayla Duke notice of filing document under seal. Type of document: other (Notice of Interlocutory Appeal pursuant to Rule 23(f) - notice should be sealed because appeal might not be permitted but appellants are unsure without pro Bono appointment of which the motion to appoint is still pending.). Date of service: 08/29/2019. [11416060] [19-35716] (Duke, Shayla) [Entered: 08/29/2019 11:59 PM]
August 26, 2019 Filing 3 Filed (ECF) Appellant Shayla Duke Renewed Motion for appointment of pro bono counsel, Motion to stay appellate proceedings, Motion to stay lower court action, Motion to take judicial notice of I was appointed pro bono in District Court. I am in a period of equitable tolling. I was told I only need to serve the other appellants in this case, as opposed to all defendants. My alleged employer is a dual-eligible individual., Motion to unseal document ALL SEALED DOCUMENTS.. Date of service: 08/26/2019. [11410457] [19-35716] (Duke, Shayla) [Entered: 08/26/2019 02:12 PM]
August 22, 2019 Filing 2 Received copy of amended notice of appeal from district court filed 8/20/19. [11407022] (CW) [Entered: 08/22/2019 01:43 PM]
August 22, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants David Duke and Shayla Duke opening brief due 10/22/2019. Appellees Ashley Carson Cottingham, Fariborz Pakseresht and Clyde Saiki answering brief due 11/22/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11406907] (RT) [Entered: 08/22/2019 12:15 PM]

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Search for this case: Shayla Duke, et al v. Clyde Saiki, et al
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Defendant: REGINALD C. RICHARDSON, Dr.; in his official capacity as the Deputy Director for the Oregon Department of Human Services
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Defendant: HEATHER BELL, in her official capacity as an Hearings Representative for Aging and People with Disabilities, Oregon Department of Human Services
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Defendant: DEPARTMENT OF HUMAN SERVICES
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Defendant: ELLEN ROSENBLUM
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Defendant: JOHN RADICH, in his official capacity as a District Manager for Oregon Department of Human Services
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Defendant: HILARY THOMPSON, in her personal and/or official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services; in her personal and/or official capacity as the seemingly alleged legal "gu
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Defendant: MATHEW RAPOZA, in his official capacity as an In-Home Services Policy Analyst for the Oregon Department of Human Services; in his official capacity as a US Department of Labor Compliance Specialist for the Department of Human Services
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Defendant: KELSEY NIELSON, in her personal and official capacity as Child Welfare Caseworker for Lane County Child Welfare, Adult & Family Services, Oregon Department of Human Services
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Defendant: JAMES A. DREYER, in his official capacity as Hearings Officer for the Office of Administrative Hearings, Oregon Employment Department
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Defendant: JULIE GREEN, in her official capacity as an Independent Choices Program Caseworker for Aging and People with Disabilities, Oregon Department of Human Services
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Defendant: ERIN GRAHECK, in her official capacity as a Branch Manager for Seniors & People with Disabilities, Area Agency on Aging, and Aging & People with Disabilities at the N/NE Aging and Disability Resource Center/Aging, Disability & Veterans Services Divis
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Defendant: LANE COUNCIL GOVERNMENTS
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Defendant: STEPHANIE JACKSON, in her official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services
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Defendant: JOANNE CALL, in her official capacity as an Administrative Hearings Coordinator for the Office of Administrative Hearings, Oregon Employment Department
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Defendant: ESTHER REED, in her official capacity as a Program Manager for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services
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Defendant: KELSEY WEIGEL, in her official capacity as a the Independent Choices Program Coordinator/Policy Analyst for Aging and People with Disabilities, Oregon Department of Human Services
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Defendant: BRIAN KIMBELL, in his personal and official capacity as Child Welfare Caseworker for Lane County Child Welfare, Adult & Family Services, Oregon Department of Human Services
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Defendant: MICHAEL MCCORMICK, in his official capacity as the Deputy Director for Aging and People with Disabilities, Oregon Department of Human Services
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Defendant: JORDAN CROWDER, in his official capacity as a Caseworker for Lane Council of Governments, Seniors and Disabled Services, Oregon Department of Human Services; in his official capacity as a Psychotropic Med Manager for Foster and Adoptive Parents Assoc
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Defendant: GLORIA TAYLOR OLIVARES, in her official capacity as a Branch Manager for Lane Council of Governments, Seniors and Disabled Services o/b/o Oregon Department of Human Services
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Defendant: DARWIN FRANKENHOFF, in his official capacity as a Program & Policy Analyst for Spousal Pay, Adult Day Services, Specialized Living, and In-Home Exceptions
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Plaintiff / appellant: DAVID DUKE
Represented By: David Duke
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Plaintiff / appellant: SHAYLA DUKE
Represented By: Shayla Duke
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Defendant / appellee: ASHLEY CARSON COTTINGHAM, in her official capacity as the Director of Aging and People with Disabilities, Oregon Department of Human Services
Represented By: Heather J. Van Meter Esquire
Represented By: Denise Gale Fjordbeck
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Defendant / appellee: CLYDE SAIKI, in his personal and official capacity as former Director of Department of Human Services, State of Oregon
Represented By: Heather J. Van Meter Esquire
Represented By: Denise Gale Fjordbeck
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Defendant / appellee: FARIBORZ PAKSERESHT, in his personal and official capacity as Director of Department of Human Services, State of Oregon
Represented By: Heather J. Van Meter Esquire
Represented By: Denise Gale Fjordbeck
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