Fager v County of Jackson, et al
| Brandy Fager |
| County of Jackson, State of Oregon Department of Corrections and CONMED, Inc. |
| 1:2013cv00037 |
| January 9, 2013 |
| US District Court for the District of Oregon |
| Medford (1) Office |
| Mark D Clarke |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 15, 2015. A more recent docket listing may be available from PACER.
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| Filing 58 Judgment. Judgment is entered with prejudice and without costs to any party in accordance with the parties' stipulated motion #57 . Signed on 04/15/2015 by Magistrate Judge Mark D. Clarke. (rsm) |
| Filing 57 Stipulated Notice of Dismissal of Party ConMed, Inc. Filed by Brandy Fager (Andersen, Kelly) |
| Filing 56 Letter from parties reporting the case is settled. (rsm) |
| Filing 55 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (Attachments: #1 Attachment consent) (rsm) |
Filing 54
Amended Trial Management Order for Jury Trial commencing on 06/09/2015. Pretrial Documents are due by 5/8/2015, 05/15/2015 and 05/22/2015. Signed on 01/20/2015 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 53
ORDER: Granting Motion #51 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 52 Declaration of Stan LeGore In Support of Unopposed Motion for Entry of Final Judgment as to Jackson County Only. Filed by County of Jackson. (Related document(s): Motion - Miscellaneous #51 .) (LeGore, Stan) |
| Filing 51 Unopposed Motion for Entry of Final Judgment as to Jackson County Only. Filed by County of Jackson. (LeGore, Stan) |
| Filing 50 Stipulated Notice of Dismissal of Party Jackson County Only Filed by County of Jackson (Wagner, Robert) |
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Filing 49
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #48 and Pretrial and Trial dates. Discovery is to be completed by 2/2/2015. Dispositive Motions or Pretrial Order are due by 3/2/2015. Joint Alternate Dispute Resolution Report is due by 3/2/2015. An in-person Pretrial Conference is set for 6/1/2015 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 4-day Jury Trial is set for 6/9/2015 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. An Amended Trial Management Order to follow. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 48 Joint Motion for Extension of Discovery & PTO Deadlines and Continue Trial filed by all parties. Filed by CONMED, Inc.. (Hughes, Lindsey) |
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Filing 47
Stipulated Protective Order. Signed on 08/07/2014 by Magistrate Judge Mark D. Clarke. (rsm) (rsm).
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| Filing 46 Stipulated Motion for Protective Order . Filed by County of Jackson. (LeGore, Stan) |
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Filing 45
ORDER: Pursuant to a Protective Order, the terms and conditions of which the parties must agree upon, the Court will provide to both parties a redacted copy of the DHS file relating to the sex abuse allegations against Benjamin Fager that led to his November 29, 2010, arrest. Please access entire text by document number hyperlink. Signed on 06/23/2014 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 44
MINUTES of Proceedings: Defendant Jackson County's Motion to Compel #40 is GRANTED. The Court finds that the information requested by Defendant is reasonably calculated to lead to admissible evidence regarding the issue of damages in this case, and therefore meets the discovery standard. The Court, however, expects there will be significant issues about the admissibility of some or all of this information at trial, including but not limited to, under Federal Rule of Evidence 403. Because of potential privacy issues, however, the Court orders that the documents requested by Defendant be delivered directly to the Court for in camera review. Kelly Andersen present as counsel for plaintiff. Robert Wagner, Stan Legore, Lindsey Harris Hughes and Robert Sinnott present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 43
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Compel DHS Documents #40 . Telephonic Oral Argument is set for 4/15/2014 at 02:00PM Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 42 Response in Opposition to Motion to Compel DHS Documents #40 Oral Argument requested. Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 41 Declaration of Stan LeGore . Filed by County of Jackson. (Related document(s): Motion to compel #40 .) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (LeGore, Stan) |
| Filing 40 Motion to Compel DHS Documents. Oral Argument requested. Filed by County of Jackson. (LeGore, Stan) |
| Filing 39 Corporate Disclosure Statement . Filed by CONMED, Inc.. (Sinnott, Robert) |
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Filing 38
Trial Management Order for Jury Trial commencing on February 17, 2015. Pretrial Documents are due by 1/16/2015; 01/23/2015 and 01/30/2015. Signed on 02/24/2014 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 37
MINUTES of Proceedings: Telephonic Scheduling Conference held. Discovery is to be completed by 10/1/2014. Amended pleadings are due by 10/01/2014. Joint Alternate Dispute Resolution Report is due by 11/3/2014. Dispositive Motions or Pretrial Order is due by 11/3/2014. An in-person Pretrial Conference is set for 2/9/2015 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 4-day Jury Trial is set for 2/17/2015 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Amended Trial Management Order to follow. Kelly Andersen present as counsel for plaintiff. Robert Wagner and Lindsey Harris Hughes present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 36
Scheduling Order by Magistrate Judge Mark D. Clarke. A telephonic Scheduling Conference is set for 2/24/2014 at 10:00AM before Magistrate Judge Mark D. Clarke to reset pretrial and trial dates. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 35
ORDER: Granting Motion to Continue #34 Trial. This also will remove all discovery and pretrial dates. The Court will set a telephonic Scheduling Conference for the purposes of resetting pretrial and trial dates. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 34 Unopposed Motion to Continue Trial. Filed by All Plaintiffs. (Attachments: #1 Exhibit Affidavit of Faith Morse, #2 Proposed Order) (Andersen, Kelly) |
| Filing 33 Notice of Attorney Substitution:Attorney Joel C. Benton is substituted as counsel of record in place of Attorney David J. Linthorst Filed by County of Jackson (Linthorst, David) |
| Filing 32 Acceptance/Acknowledgement of Service on CONMED, Inc. served on 12/16/2013 Filed by All Plaintiffs. (Andersen, Kelly) |
| Filing 31 Answer to #29 Amended Complaint with Jury Demand . Filed by CONMED, Inc.. (Hughes, Lindsey) |
| Filing 30 Summons Issued Electronically as to CONMED, Inc.. 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. (dkj) |
| Filing 29 Amended Complaint for Wrongful Death. Filed by Brandy Fager against County of Jackson, CONMED, Inc.. (Andersen, Kelly) |
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Filing 28
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #25 . Discovery is to be completed by 1/6/2014. Consent to Magistrate, if any, is to be filed by 2/4/2014. Dispositive Motions or Pretrial Order are due by 2/6/2014. Joint Alternate Dispute Resolution Report is due by 2/6/2014. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 27
ORDER: Granting Motion for Leave to File Amended Complaint/Petition #23 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 26 Proposed Form of Order Submitted Re: Motion to Extend Discovery Deadlines. Filed by All Plaintiffs. (Attachments: #1 Attachment Certificate of Service) (Andersen, Kelly) |
| Filing 25 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Attachments: #1 Attachment Certificate of Service) (Andersen, Kelly) |
| Filing 24 Proposed Form of Order Submitted Re: Plaintiff's Motion to File Amended Complaint. Filed by All Plaintiffs. (Attachments: #1 Attachment Certificate of Service) (Andersen, Kelly) |
| Filing 23 Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, #2 Attachment Certificate of Service) (Andersen, Kelly) |
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Filing 22
Trial Management Order for 5-day Jury Trial commencing on 05/05/2014. Pretrial Documents are due by 4/4/2014; 04/11/2014 and 04/18/2014. Signed on 05/30/2013 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 21
MINUTES of Proceedings: Telephonic Rule 16 Conference held. Joint Alternate Dispute Resolution Report is due by 12/2/2013. Discovery is to be completed by 11/1/2013. Dispositive Motions or Pretrial Order are due by 12/2/2013. An in-person Pretrial Conference is set for 4/28/2014 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 5-day Jury Trial is set for 5/5/2014 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Consent to Magistrate, if any, is to be filed by 11/4/2013. Trial Management Order to follow. Kelly Andersen present as counsel for plaintiff. Robert Wagner and David Linthorst present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 20
RECORD OF ORDER by Magistrate Judge Mark D. Clarke: RESETTING the telephonic Rule 16 Conference from April 29, 2013 at 10:00AM to May 29, 2013 at 10:00AM. The Court will initiate the call at the numbers provided, unless otherwise informed. The parties shall pursuant to FRCP 26(f) consult regarding a discovery plan prior to the conference. Under LR 26.1(b) a written report is not required. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. The parties should have their calendars available to discuss scheduling, including modification of the current case deadlines, dispositive motions, and setting a trial date. The parties should also be prepared to discuss consents to Magistrate Judge, settlement options, and any other issues that may have arisen. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 19
RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for April 29, 2013 at 10:00AM. The Court will initiate the call at the numbers provided, unless otherwise informed. The parties shall pursuant to FRCP 26(f) consult regarding a discovery plan prior to the conference. Under LR 26.1(b) a written report is not required. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. The parties should have their calendars available to discuss scheduling, including modification of the current case deadlines, dispositive motions, and setting a trial date. The parties should also be prepared to discuss consents to Magistrate Judge, settlement options, and any other issues that may have arisen. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 18 Notice of Association of Attorney David J. Linthorst,David J. Linthorst for County of Jackson. Filed by County of Jackson (Linthorst, David) |
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Filing 17
Order of Dismissal as to State of Oregon Department of Corrections. (Related document(s): Motion to Dismiss 12.) Ordered by Magistrate Judge Mark D. Clarke. (dkj)
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| Filing 16 Response to Motion to Dismiss (State of Oregon) #12 . Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 15 Answer to #1 Complaint, with Jury Demand . Filed by County of Jackson. (Wagner, Robert) |
| Filing 14 Declaration of Merilee Nowak (titled "Declaration in Support of Motion to Dismiss Defendant State of Oregon") . Filed by State of Oregon Department of Corrections. (Related document(s): Motion to Dismiss #12 .) (Sullivan, Robert) |
| Filing 13 Memorandum in Support of Motion to Dismiss (State of Oregon). Filed by State of Oregon Department of Corrections. (Related document(s): Motion to Dismiss #12 .) (Sullivan, Robert) |
| Filing 12 Motion to Dismiss (State of Oregon). Filed by State of Oregon Department of Corrections. (Sullivan, Robert) |
| Filing 11 Affidavit of Service on Oregon Department of Corrections Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 10 Affidavit of Service upon State of Oregon Department of Corrections served on 2/14/2013 Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 9 Affidavit of Service Upon Jackson County Jail Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 8 Affidavit of Service upon County of Jackson served on 2/15/2013 Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 7 Summons Issued Electronically as to State of Oregon Department of Corrections. 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. (dkj) |
| Filing 6 Summons Issued Electronically as to County of Jackson by and through the Jackson County Jail, c/o Mike Winters, Sheriff. 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. (dkj) |
| Filing 5 Proposed Summons Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 4 Proposed Summons Filed by Brandy Fager. (Andersen, Kelly) |
| Filing 3 Summons Issued Electronically as to County of Jackson, State of Oregon Department of Corrections. 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. (dkj) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Mark D. Clarke 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 5/9/2013. Joint Alternate Dispute Resolution Report is due by 6/10/2013. Pretrial Order or Dispositive Motion is due by 6/10/2013. Ordered by Magistrate Judge Mark D. Clarke. (dkj)
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| Filing 1 Complaint. for Wrongful Death Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-3148613 Jury Trial Requested: Yes. Filed by Brandy Fager, County of Jackson, State of Oregon Department of Corrections against Brandy Fager (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Andersen, Kelly) |
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