Knotts v. Oregon Trail School District 46 et al
| John Knotts |
| Aaron Bayer, Oregon Trail School District 46, Kim Ball and Wade Lockett |
| 3:2015cv02296 |
| December 8, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Marco A Hernandez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2018. A more recent docket listing may be available from PACER.
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| Filing 54 Stipulated Notice of Voluntary Dismissal Filed by All Defendants. (Percell, Haley) |
| Filing 53 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (ck) |
| Filing 52 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Thomas M. Coffin. The Court grants the unopposed motion to dismiss defendants Wade Lockett, Aaron Bayer and Kim Ball. The case against the remaining defendant Oregon Trail School District 46 settles. The Clerk is directed to enter a 60-day order of dismissal. Justin Steffen present as counsel for plaintiff(s). Haley Percell present as counsel for defendant(s). Court Reporter: Kristi Anderson. (ck) |
Filing 51
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 3/27/2018 at 10:00AM in Eugene chambers before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Ordered parties to submit settlement document to the court by 12:00PM, 3/20/2018, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Signed on 2/21/2018 by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 50
Jury Trial Management Order. Signed on 11/16/2017 by Judge Marco A. Hernandez. (jp)
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| Filing 49 MINUTES of Proceedings: Rule 16 Telephone Conference held. The Court adopts the parties' Proposed Joint Schedule. Specifically, Expert Discovery to be completed by 3/30/2018. A Pretrial Conference is set for 5/7/2018 at 01:30PM in Portland Courtroom 14B before Judge Marco A. Hernandez. A 3-day Jury Trial is set for 5/15/2018 at 09:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Counsel shall use the Jury Trial Management Order as a guide to calculate their pretrial submission deadlines given the pretrial conference date. Justin R. Steffen present as counsel for plaintiff(s). Haley E. Percell present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Marco A. Hernandez presiding. (jp) |
| Filing 48 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Judge Marco A. Hernandez. (eo) |
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Filing 47
Scheduling Order by Judge Marco A. Hernandez. A Rule 16 Telephone Conference is set for 11/16/2017 at 10:00AM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Counsel are required to confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues The Court directs the parties to submit a jointly proposed schedule to the courtroom deputy no later than Noon the day before the hearing. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 46
ORDER by Judge Acosta - This matter appears to be ready for the setting of a trial date and its related deadlines. This case will be reassigned to District Judge Marco A. Hernandez for all further proceedings including the setting of a trial date. The case number should now read 3:15-cv-2296-HZ on all future filings. (peg)
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Filing 45
OPINION & ORDER: The Court DECLINES to adopt Judge Acosta's Findings & Recommendation #41 to the extent it granted summary judgment to Defendants. Therefore, both Plaintiff's and Defendants' summary judgment motions #30 and #32 are denied. Signed on 10/26/2017 by Judge Marco A. Hernandez. (jp)
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| Filing 44 Response to Objections to Findings & Recommendation. Related document(s): #43 Objections to Findings & Recommendation, #41 Findings & Recommendation,,,. Filed by All Defendants. (Percell, Haley) |
| Filing 43 Objections to Findings & Recommendation: Motion for Summary Judgment #32 , Motion for Summary Judgment #30 #41 . Filed by John Knotts. (Steffen, Justin) |
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Filing 42
ORDER by Judge Acosta - REFERRING Findings & Recommendation #41 regarding Motions for Summary Judgment #30 and #32 to the Honorable Marco A. Hernandez for review and final determination. (peg)
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| Filing 41 FINDINGS and RECOMMENDATION - Knottss motion #30 for summary judgment should be DENIED. Defendants motion #32 for summary judgment should be GRANTED and this case dismissed with prejudice. Scheduling Order: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due August 10, 2017. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 26th day of July, 2017, by United States Magistrate Judge John V. Acosta. (peg) |
| Filing 40 MINUTES of Proceedings: Motion Hearing held by Judge Acosta on the parties' cross motions for summary judgment #30 , #32 . ORDER: Motions #30 and #32 for summary judgment are both taken under advisement as of 7/24/2017; formal ruling to follow. Justin Steffen present as counsel for plaintiff. Haley Percell present as counsel for defendants. Court Reporter: Jill Jessup. Magistrate Judge John V. Acosta presiding. (peg) |
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Filing 39
SCHEDULING ORDER by Judge Acosta - SETTING the parties' cross motions for summary judgment - Plaintiff's Motion for Summary Judgment #30 and Defendants' Motion for Summary Judgment #32 for oral argument on Monday, July 24, 2017, at 9:30AM, in Portland, Courtroom 11B. (peg)
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| Filing 38 Reply to Plaintiff's Response to Motion for Summary Judgment #30 Oral Argument requested. Filed by All Defendants. (Percell, Haley) |
| Filing 37 Reply to Motion for Summary Judgment #30 . Filed by John Knotts. (Steffen, Justin) |
| Filing 36 Response to Motion for Summary Judgment #32 Oral Argument requested. Filed by John Knotts. (Steffen, Justin) |
| Filing 35 Response to Motion for Summary Judgment #30 Oral Argument requested. Filed by All Defendants. (Percell, Haley) |
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Filing 34
SCHEDULING ORDER by Judge Acosta - Plaintiff's motion for summary judgment #30 and Defendants' motion for summary judgment #32 will both be taken under advisement as of 5/12/2017; the parties' request for oral argument will be considered in due course. (peg)
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| Filing 33 Declaration of Haley Percell In Support of Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #32 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Percell, Haley) |
| Filing 32 Motion for Summary Judgment . Oral Argument requested. Filed by All Defendants. (Percell, Haley) |
| Filing 31 Declaration of Justin Steffen . Filed by John Knotts. (Related document(s): Motion for Summary Judgment #30 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Steffen, Justin) |
| Filing 30 Motion for Summary Judgment . Oral Argument requested. Filed by John Knotts. (Steffen, Justin) |
| Filing 29 MINUTES of Proceedings: Telephone Discovery Conference held by Judge Acosta. ORDER: GRANTING in part and DENYING in part defendants' oral motion to compel discovery, as stated on the record. All discoverable materials to be provided to defense counsel by by 2/2/17. Justin Steffen present as counsel for plaintiff. Haley Percell present as counsel for defendant(s).(Court Reporter Dennis Apodaca.) Magistrate Judge John V. Acosta presiding. (peg) |
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Filing 28
SCHEDULING ORDER by Judge Acosta - The court RESETS the Telephone Discovery Hearing in this matter from 1/13/17, at 11:00AM to Tuesday, January 17, 2017, at 2:30PM. The Court will provide the parties with conference line call-in information by separate entry. Parties are to be on the line and ready to start promptly at the designated start time. (peg)
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Filing 27
SCHEDULING ORDER by Judge Acosta - At request of defense counsel, the court SETS a Telephone Discovery Hearing for Friday, January 13, 2017, at 11:00AM. The Court will provide the parties with conference line call-in information by separate entry. Parties are to be on the line and ready to start promptly at the designated start time. (peg) Modified typo on 1/5/2017 (jtj).
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| Filing 26 Joint ADR Report . Filed by John Knotts.(Steffen, Justin) |
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Filing 25
ORDER by Judge Acosta - GRANTING defendants' unopposed motion #23 for extension of case management deadlines as follows: (1) Discovery is to be completed and a joint ADR report filed by 1/3/2017; (2) Dispositive Motions are due by 2/3/2017. (peg)
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| Filing 24 Declaration of Haley Percell in Support of Unopposed Motion. Filed by All Defendants. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #23 .) (Percell, Haley) |
| Filing 23 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Percell, Haley) |
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Filing 22
ORDER by Judge Acosta - GRANTING defendants unopposed motion #20 to extend time as follows: (1) Discovery is to be completed and a joint ADR report filed by 11/3/2016. (2) Dispositive Motions are due by 12/5/2016. (3) FURTHER ORDERED - STRIKING the 7/25/16 Rule 16 Conference as moot. (peg)
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| Filing 21 Declaration of Haley Percell . Filed by All Defendants. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #20 .) (Percell, Haley) |
| Filing 20 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Percell, Haley) |
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Filing 19
SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Rule 16 Conference for Monday, July 25, 2016, at 9:30AM. The Court will provide the parties with a call-in number by separate email. Parties are to be on the line and ready to start promptly at the designated start time. (peg)
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| Filing 18 Answer to #14 Amended Complaint . Filed by Kim Ball, Wade Lockett, Oregon Trail School District 46, Aaron Bayer. (Percell, Haley) |
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Filing 17
ORDER by Judge Acosta - GRANTING defendants' unopposed motion #15 to extend case management schedule as follows: (1) Discovery to be completed and a joint ADR report filed by 8/5/16. (2) Dispositive motions to be filed no later than 9/6/16. (3) Joint pretrial order due 30 days following the Court's ruling on dispositive motions. (peg)
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| Filing 16 Declaration of Haley Percell . Filed by All Defendants. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #15 .) (Percell, Haley) |
| Filing 15 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Percell, Haley) |
| Filing 14 Amended Complaint . Filed by John Knotts against All Defendants (Attachments: #1 Exhibit). (Steffen, Justin) |
| Filing 13 Affidavit of Service upon Wade Lockett served on 12/10/2015 Filed by John Knotts. (Steffen, Justin) |
| Filing 12 Affidavit of Service upon Oregon Trail School District 46 served on 12/10/2015 Filed by John Knotts. (Steffen, Justin) |
| Filing 11 Affidavit of Service upon Kim Ball served on 12/10/2015 Filed by John Knotts. (Steffen, Justin) |
| Filing 10 Affidavit of Service upon Aaron Bayer served on 12/10/2015 Filed by John Knotts. (Steffen, Justin) |
| Filing 9 Notice of Appearance of Haley E. Percell appearing on behalf of All Defendants Filed by on behalf of All Defendants (Percell, Haley) |
| Filing 8 Summons Issued Electronically as to Kim Ball, Aaron Bayer, Wade Lockett, Oregon Trail School District 46. 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 to Aaron Bayer, #2 issued summons Wade Lockett, #3 issued summons Kim Ball) (cib) |
| Filing 7 Proposed Summons Lockett Filed by John Knotts. (Steffen, Justin) |
| Filing 6 Proposed Summons Bayer Filed by John Knotts. (Steffen, Justin) |
| Filing 5 Proposed Summons Ball Filed by John Knotts. (Steffen, Justin) |
| Filing 4 Proposed Summons OTSD Filed by John Knotts. (Steffen, Justin) |
| Filing 3 Civil Cover Sheet regarding Complaint #1 . Filed by John Knotts. (Steffen, Justin) |
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Filing 2
Notice of Case Assignment to Magistrate Judge John V. Acosta 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 4/6/2016. Joint Alternate Dispute Resolution Report is due by 5/6/2016. Pretrial Order is due by 5/6/2016. Ordered by Magistrate Judge John V. Acosta. (cib)
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4400396 Jury Trial Requested: Yes. Filed by John Knotts against Kim Ball, Aaron Bayer, Wade Lockett, Oregon Trail School District 46. (Steffen, Justin) |
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