White v. Dietrich et al
| David White |
| Susana Dietrich, Melanie Klym, Mary Lou Soscia, Bryan Sohlin and Neil Brandt |
| 1:2024cv01395 |
| August 23, 2024 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Environmental Matters |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2024. A more recent docket listing may be available from PACER.
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #18 . Case Appealed to 9th Circuit of Appeals Case Number 24-6015 assigned. (hm)
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Filing 18
Notice of Appeal to the 9th Circuit from Judgment #17 , Order Dismissing Case, #16 (fee waiver status selected (IFP)) . Filed by David White. (White, David)
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Filing 17
JUDGMENT: Based on the Court's Order, ECF #16 , IT IS ADJUDGED that this action is DISMISSED with prejudice. Signed on 9/26/2024 by Judge Karin J. Immergut (jy)
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Filing 16
ORDER OF DISMISSAL WITH PREJUDICE: This Court has screened the amended complaint, ECF #11 , pursuant to 28 U.S.C. 1915(e)(2)(B). The amended complaint is DISMISSED with prejudice because it fails to state any plausible claim. See attached Order for details. All of Plaintiff's pending motions, ECF #12 , ECF #13 , ECF #14 , ECF #15 , are DISMISSED as moot. Signed on 9/26/2024 by Judge Karin J. Immergut. (jy)
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Filing 15
Motion emergency motion for decision and execution of the summary judgement. Filed by David White. (White, David)
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Filing 14
Proposed Motion for Default Judgment . Filed by David White. (Attachments: #1 Proposed Order) (White, David)
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Filing 13
Stipulated Motion . Filed by David White. (White, David)
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Filing 12
Proposed Application for Leave to Proceed IFP . Filed by David White. (White, David)
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Filing 11
Amended Amended Complaint . Filed by David White against All Defendants (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons). (White, David)
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Filing 10
Order: This Court is in receipt of an email (attached) from Plaintiff requesting that the U.S. Marshals serve his amended complaint. This Court clarifies its prior order, ECF 9 . Because Plaintiff is proceeding in forma pauperis, Plaintiff is not required to serve his complaint on Defendants at this time. Plaintiff should file his amended complaint with this Court for screening pursuant to 28 U.S.C. 1915(e)(2). If Plaintiff's amended complaint survives that screening, it will be served by the U.S. Marshals on Defendants after Plaintiff completes the required paperwork. (jy)
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Filing 9
Order Denying Reconsideration: This Court construes Plaintiff's Memorandum in Opposition, ECF #8 , as a Motion for Reconsideration of this Court's August 26th Order dismissing Plaintiff's complaint, ECF #5 . Plaintiff's Motion for Reconsideration is Denied for the reasons stated in this Court's prior order, ECF #5 . In his Motion, Plaintiff asserts that Oregon Rule of Civil Procedure 9(G) allows him to serve his complaint by email. This is not correct. Federal Rule of Civil Procedure 4(e)(1) states that service of a summons may be made by following state law for serving a summons. Oregon Rule of Civil Procedure 7(D), not Rule 9, defines the permissible methods of service of a summons under Oregon law. Service by email is permissible only when it appears that service is not possible under any method otherwise specified in these rules or other rule or statute. Or. R. Civ. P. 7(D)(6). Plaintiff has not shown that service is not possible by any other method. If Plaintiff wishes to file an amended complaint, he must properly serve that complaint on Defendants by one of the methods defined in Federal Rule of Civil Procedure 4(e)(2) or Oregon Rule of Civil Procedure 7(D) and submit proof of service to this Court. The deadline for filing an amended complaint remains September 16, 2024. Signed on September 9, 2024, by Judge Karin J. Immergut. (jy)
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Filing 8
Memorandum in Opposition CONFIRM ECF5. Filed by David White. (White, David)
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Filing 7
ORDER: Granting #6 Application of David White for CM/ECF Registration as a Self-Represented Party. Signed on 8/28/24 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/29/2024.) (jy)
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Filing 6
Application for CM/ECF Registration as a Self-Represented Party. Prior e-Filer Case Number 24-CV-755. Filed by David White. (jkm)
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Filing 5
OPINION AND ORDER GRANTING PLAINTIFF'S IFP APPLICATION, DISMISSING THE COMPLAINT, AND DENYING MOTION FOR TRO: Plaintiff's Application for Leave to Proceed In Forma Pauperis, ECF #2 , is GRANTED. Plaintiff's Complaint, ECF #1 , is DISMISSED without prejudice. Plaintiff is GRANTED leave to amend his complaint; if Plaintiff chooses to amend his Complaint, he must do so by September 16, 2024. Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order, ECF #3 , is DENIED; if Plaintiff finds it appropriate to refile this motion, he may do so, but not before filing an amended complaint. See attached Opinion and Order for details. Signed on 8/26/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/26/24.) (jy)
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Filing 4
Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 08/26/2024.) (hm)
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Filing 3
Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Emergency Hearing requested. Filed by David White. (hm)
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Filing 2
Application for Leave to Proceed IFP. Filed by David White. (hm)
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Filing 1
Complaint. Jury Trial Requested: Yes. Filed by David White against All Defendants (Attachments: #1 Civil Cover Sheet). (hm)
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