Sullivan v. Breitenstein
| Sullivan and Cyrus Andrew Sullivan |
| Breitenstein and Scott Allen Breitenstein |
| 3:2016cv01743 |
| August 31, 2016 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| John V Acosta |
| Jennifer G Zipps |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2018. A more recent docket listing may be available from PACER.
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Filing 43
ORDER: Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. (Doc. 2.) The Clerk of Court is directed to close this case. Signed on 7/23/2018 by Honorable Jennifer G. Zipps. (copy mailed to Plaintiff) (jp)
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Filing 42
Summons Issued as to Scott Allen Breitenstein. (joha)
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Filing 41
Clerk's Notice of Mailing to Cyrus Andrew Sullivan docket entry #40 on 5/21/18. (jy)
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Filing 40
ORDER: Granting Motion for Extension of Time #39 . Plaintiff shall serve Defendant Breitenstein on or before Wednesday, July 18, 2018. No further extensions for service will be granted. Signed on 5/18/18 by Honorable Jennifer G. Zipps. (jy)
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Filing 39
Motion for Extension of Time. Filed by Cyrus Andrew Sullivan. (dsg)
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Filing 38
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Honorable Jennifer G. Zipps. (eo) Copy mailed to plaintiff.
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Filing 37
DESIGNATION OF A DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE NINTH CIRCUIT For the Purpose of Trying Specific CasesPursuant to 28 U.S.C. 292(b), I hereby designate the Honorable Jennifer Zipps, United States District Judge for the District of Arizona to perform the duties of United States District Judge temporarily for the District of Oregon for the specific cases USA v. Cyrus Andrew Sullivan, Case No. 17-cr-00306; Sullivan v. Breitenstein, Case No. 16-cv-01743, and Sullivan v. USA, Case No. 18-cv-00110, as well as any cases deemed related. Signed on April 20, 2018, by Chief Judge Sidney R. Thomas. (eo) Copy mailed to plaintiff.
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Filing 36
OPINION and ORDER - For the reasons stated, Sullivan's Motion for Substituted Service Authorization #33 is DENIED. Because the Marshals have fulfilled their responsibilities under Rule 4, Sullivan must provide the court with additional information to help effectuate service on Breitenstein within 30 days. Failure to do so may result in dismissal of this case without prejudice. DATED this 12th day of April, 2018, by United States Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg)
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Filing 35
Notice of Change of Address. Filed by Cyrus Andrew Sullivan. (peg)
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Filing 34
SCHEDULING ORDER by Judge Acosta - Plaintiff's Motion for Substituted Service Authorization and other requests #33 will be taken under advisement as of 11/13/2017. (copy of the order mailed to plaintiff this date) (peg)
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Filing 33
Motion for Substituted Service Authorization; Motion for Transport by U.S. Marshal's Service to any hearing while incarcerated and Motion to be Moved to Another District during the pendency of this case. Filed by Plaintiff Cyrus Andrew Sullivan. (peg)
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Filing 32
Return of Service Unexecuted as to Scott Allen Breitenstein. (joha)
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Filing 31
ORDER by Judge Acosta - Based on the apparent service of defendant Breitenstein (Summons/Service Return (ECF entry #30) filed on 6/12/17, the Show Cause Hearing set for 7/21/17, is STRICKEN as MOOT. (copy of this order mailed to plaintiff) (peg)
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Filing 29
Amended Summons Issued as to Scott Allen Breitenstein. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (ljc)
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Filing 30
Return of Service Executed as to Scott Allen Breitenstein served on 4/7/2017, answer due on 4/28/2017. (joha)
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Filing 28
ORDER by Judge Acosta - GRANTING plaintiff's Motion/Request #27 to Postpone the 6/14/17, Show Cause Hearing. Show Cause Hearing RESET from 6/14/17, to Friday, July 21, 2017, at 10:00AM, in Courtroom 11B, of the Mark O. Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204. (copy of this order mailed to plaintiff) (peg)
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Filing 27
Motion titled "Request Postponement of Hearing". Filed by Cyrus Andrew Sullivan. (joha)
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Filing 26
ORDER by Judge Acosta - GRANTING plaintiff's motion/request #25 to postpone his Show Cause Hearing. Accordingly, the Show Cause Hearing in this matter is RESET from 6/1/17, at 10:00AM to Wednesday, June 14, 2017, at 10:00AM, in Portland, Courtroom 11B, before Unite States Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg)
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Filing 25
Motion titled "Request Postponement of Hearing". Filed by Cyrus Andrew Sullivan. (joha)
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Filing 24
ORDER by Judge Acosta - GRANTING plaintiff's motion/request #23 to postpone his Show Cause Hearing. Accordingly, the Show Cause Hearing in this matter is RESET from 4/19/17 to Thursday, June 1, 2017, at 10:00AM, in Portland, Courtroom 11B, before Unite States Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg)
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Filing 23
Motion titled "Request Postponement of Hearing". Filed by Cyrus Andrew Sullivan. (joha)
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Filing 22
Summons Issued as to Scott Allen Breitenstein. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (msk)
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Filing 21
ORDER: by Judge Acosta- GRANTING the Motion for postponement of hearing #20 . The hearing is continued to 4/19/2017 at 10:00AM in Portland Courtroom 11B before Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (kms)
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Filing 20
Motion titled "Request Postponement of Hearing". Filed by Cyrus Andrew Sullivan. (joha)
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Filing 19
ORDER TO SHOW CAUSE IT IS ORDERED, pursuant to LR 41.2, that plaintiff shall appear on Monday, March 27, 2017, at 10:00 a.m., in Courtroom 11B, to show cause why this case should not be dismissed for lack of service. IT IS FURTHER ORDERED that plaintiff shall, not less than seven (7) days prior to the noticed hearing date, file a written statement setting forth the status of the action and whether good cause exists to dismiss for lack of service. Plaintiff is advised that failure to show good cause will result in the dismissal of this case without prejudice. Signed on 3/10/2017 by Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (kms)
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Filing 18
Return of Service Unexecuted as to Scott Allen Breitenstein. (joha)
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Filing 17
MINUTES of Proceedings: Show Cause Hearing held before Judge Acosta. Plaintiff has filed a second proposed summons in order to take additional efforts to serve the defendant in this case - the first summons was returned unexecuted. Cyrus Sullivan present as pro se plaintiff. No one present as counsel for defendant. Court Reporter: Jill Jessup. Magistrate Judge John V. Acosta presiding. (copy of this entry mailed to plaintiff) (peg)
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Filing 16
Exhibits 1-12 of Response to Order to Show Cause #15 , (DOCUMENT FILED UNDER SEAL). re Order 14 . Filed by Cyrus Andrew Sullivan. (joha)
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Filing 15
Response to Order to Show Cause #12 . Filed by Cyrus Andrew Sullivan. (joha)
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Filing 14
ORDER by Judge Acosta - Plaintiff has submitted to the court a 5-page document entitled "Plaintiff's Response to the Court's Order to Show Cause" with 19 pages of exhibits. By order of the court the 5-page response will be filed and the 19 pages of exhibits will be filed under seal. (copy mailed to plaintiff). (peg)
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Filing 13
Amended Summons Issued as to Scott Allen Breitenstein. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (ljc)
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Filing 12
ORDER TO SHOW CAUSE - Plaintiff is ordered to Show Cause in Writing by 1/20/2017, and to appear for a Show Cause Hearing on Friday, January 27, 2017, at 10:00AM, in Portland, Courtroom 11B, before Magistrate Judge John V. Acosta. Signed on 1/18/17 by Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg)
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Filing 11
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 5/18/2017. Joint Alternate Dispute Resolution Report is due by 6/19/2017. Pretrial Order is due by 6/19/2017. Ordered by Magistrate Judge John V. Acosta. (dsg)
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Filing 10
Notification of CM/ECF Account for Cyrus Sullivan (Pro Se Filer admission). Your login is: casullivan. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 9
ORDER: Granting #8 Application for CM/ECF Registration as a Self-Represented Party (CM/ECF Registered User). Signed on 12/14/16 by Magistrate Judge John V. Acosta. (peg)
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Filing 8
Application for CM/ECF Registration as a Self-Represented Party. Filed by Cyrus Andrew Sullivan. (joha)
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Filing 7
Return of Service Unexecuted as to Defendant Scott Allen Breitenstein. (peg)
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Filing 6
Summons Issued as to Scott Allen Breitenstein. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (msk)
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Filing 5
Clerk's Notice of Mailing to Cyrus Andrew Sullivan regarding Order on motion/application for leave to proceed ifp #4 . (peg)
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Filing 4
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #1 . Signed on 9/6/16 by Magistrate Judge John V. Acosta. (peg)
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Filing 3
Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 2
Complaint. Jury Trial Requested: Yes. In forma pauperis pending Filed by Cyrus Andrew Sullivan against Scott Allen Breitenstein. (Attachments: #1 Civil Cover Sheet, #2 Exhibits 1-13, #3 Exhibits 14-61, #4 Exhibits 62-94, #5 Exhibits 95-116, #6 Exhibits 117-134). (dsg)
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Filing 1
Application for Leave to Proceed IFP. Filed by Cyrus Andrew Sullivan. (dsg)
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