Withers et al v. Frates, et al
Kristen Wilson, Jack Lee Withers and Kristen Withers |
Charles Frates and John Does 1-10 |
3:2016cv01690 |
August 23, 2016 |
US District Court for the District of Oregon |
Portland (3) Office |
Anna J. Brown |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 80 Opinion and Order. the Court GRANTS in part and DENIES in part Defendant's Motion (# 47 ) for Summary Judgment. The Court GRANTS Defendant's Motion as to the federal claims alleged in Claims One and Two and DISMISSES those claims with prej udice. The Court DENIES Defendant's Motion as to the Estate's state-lawclaims as alleged in Claims Three and Four. The Court DIRECTS the parties to file no later than February 16, 2018, simultaneous, supplemental briefs (not toexceed five pages) addressing whether (1) the Court should exercise its discretion to retain supplemental jurisdiction over the state-law claims or whether it should decline to do so and (2) whether the fact that only state-law claims remain will affect the par ties' recent statements as to the timing of their availability for trial or the place of trial. The Court also DENIES as moot Defendant's Motion (# 67 ) to Strike and Wilson's Motion (# 57 ) to Strike.IT IS SO ORDERED. Signed on 2/2/18 by Judge Anna J. Brown. (jy) |
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