Lofall v. County of Clackamas, et al.
| TYLER A. LOFALL |
| COUNTY OF CLACKAMAS, CLACKAMAS COUNTY SHERIFF'S OFFICE, JOHN DOES, Clackamas County Officer and Officer, WEST LINN POLICE DEPARTMENT, Officer DANA GUNNARSON, Officer CATLIN BLYTH, CLACKAMAS COUNTY JAIL and Deputy District Attorney REBECCA PORTLOCK |
| 25-6461 |
| October 14, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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Filing 20
ORDER FILED. John B. OWENS, Eric D. MILLER, Patrick J. BUMATAY On December 16, 2025, the district court granted appellants motion to extend the time to file the notice of appeal under Federal Rule of Civil Procedure 4(a)(5). Appellees motion (Docket Entry No. 5) to dismiss this appeal for lack of jurisdiction as untimely is therefore denied. Appellants motion (Docket Entry No. 18) for sanctions is denied. The request for a limited remand is denied without prejudice to renewing the motion if the district court issues an indicative ruling that it would grant a motion for relief from the judgment or that the motion raises a substantial issue. See Fed. R. App. P. 12.1(b). Appellants motion (Docket Entry No. 12) to file an oversized brief is denied. See 9th Cir. R. 32-2; see also Circuit Advisory Committee Note to Rule 32-2 (In almost all cases, the limits provided suffice even for multiple or complex issues. Most overlength briefs could be shorter and unnecessarily burden the Court.). The clerk will strike the brief at Docket Entry No. 11. Appellant must submit a brief that complies with the length limits in Ninth Circuit Rule 32-1 by April 10, 2026. The answering brief is due May 11, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 03/19/2026 04:15 PM]
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| Filing 19 SUPPLEMENT to Motion for Miscellaneous Relief (DE 18) filed by Appellant Tyler A. Lofall. [Entered: 03/16/2026 03:52 PM] |
| Filing 18 MOTION for Miscellaneous Relief filed by Appellant Tyler A. Lofall. [Court entered filing to correct DE 17] [Entered: 03/16/2026 11:10 AM] |
| Filing 17 DEFECTIVE --- MOTION for Sanctions filed by Appellant Tyler A. Lofall. [Wrong filing type used, corrected in DE 18] [Entered: 03/15/2026 07:41 PM] [Edited: 03/16/2026 11:11 AM] |
| Filing 16 Attorney Robert A. Koch as Counsel for Appellee substituted for Attorney Denise Gale Fjordbeck. [Entered: 12/18/2025 01:38 PM] |
| Filing 15 NOTICE OF APPEARANCE by Robert A. Koch for Appellee Rebecca Portlock replacing Denise Gale Fjordbeck. [Entered: 12/18/2025 12:38 PM] |
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Filing 14
District Court Order/Notice Received. ORDER granting nunc pro tunc Plaintiff's motion for extension of time to file his notice of appeal (ECF No. [66]), because Plaintiff filed his motion to extend the deadline to file his notice of appeal within 30 days after the deadline prescribed by Federal Rule of Appellate Procedure 4(a) had expired and demonstrated excusable neglect. See FED. R. APP. P. (a)(5)(A). Specifically, Plaintiff relied on his pending motions under Federal Rules of Civil Procedure 59 and 60 to toll the 30-day filing deadline but he inadvertently filed those motions in the wrong case and those motions would have been timely filed and tolled the 30-day deadline but for his excusable neglect. (See ECF Nos. [62]-[67]; see also FED. R. APP. P. 4(a)(A)(4).) Ordered by Magistrate Judge Stacie F. Beckerman. [No PDF attached] [Entered: 12/17/2025 11:13 AM]
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| Filing 13 REPLY to Response to Motion to Dismiss (DE 8) filed by Appellee Rebecca Portlock. [Entered: 12/11/2025 04:50 PM] |
| Filing 12 MOTION to File Oversized Brief filed by Appellant Tyler A. Lofall.--[COURT ENTERED FILING to correct DE 11] [Entered: 12/11/2025 03:53 PM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Tyler A. Lofall.--[COURT UPDATE: Removed motion (refiled correctly at DE 12)] [Entered: 12/10/2025 08:57 PM] [Edited: 12/11/2025 03:54 PM] |
| Filing 10 SUPPLEMENT to Response to Motion to Dismiss (DE 8) filed by Appellant Tyler A. Lofall. [Entered: 12/04/2025 03:38 PM] |
| Filing 9 SUPPLEMENT to Response to Motion to Dismiss (DE 8) filed by Appellant Tyler A. Lofall. [Entered: 11/29/2025 12:13 AM] |
| Filing 8 RESPONSE to Motion to Dismiss (DE 5) filed by Appellant Tyler A. Lofall. [Entered: 11/28/2025 11:54 PM] |
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Filing 7
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 6) denied as unnecessary. It is unnecessary. The briefing schedule is stayed. Briefing shall be reset as necessary pending resolution of the motion to dismiss (DE5). [Entered: 11/24/2025 04:07 PM]
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| Filing 6 Streamlined Request for Extension of Time to File Brief filed by Appellant Tyler A. Lofall. [Entered: 11/24/2025 02:26 PM] |
| Filing 5 MOTION to Dismiss filed by Appellee West Linn Police Department, Appellee Dana Gunnarson, Appellee Catlin Blyth. [Entered: 11/18/2025 03:32 PM] |
| Filing 4 Attorney Denise Gale Fjordbeck as Counsel for Appellee substituted for Attorney Michelle Enfield. [Entered: 10/22/2025 09:51 AM] |
| Filing 3 NOTICE OF APPEARANCE by Denise Gale Fjordbeck for Appellee Rebecca Portlock replacing Michelle Enfield. [Entered: 10/22/2025 09:46 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 11/24/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/23/2025. For appeal no. 25-6461, 3:24-cv-00839-SB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/14/2025 02:14 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-00839-SB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-6461 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 10/14/2025 02:10 PM] |
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