Atwood et al v. Strickler et al
| Jim A. Atwood |
| Lamar Central Outdoor LLC, City of Portland, Lamar Advertising Company, Oregon Department of Transportation, Debbie Lund, Scott Claus, Kris Strickler and Lamar Obie Company, LLC |
| 3:2019cv01699 |
| October 23, 2019 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 58 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Preliminary Injunction #2 . Witness called, sworn, and testified. Hearing is continued to 1/8/2020 at 9:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. At the hearing, Defendants City of Portland, Kris Strickler, Debbie Lund, and Scott Claus agreed to toll the calculation of the abandonment provisions in Portland City Code 32.36.020(H) and Or. Rev. Stat. 377.773 as applied to Plaintiffs for thirty days. Nicholas Kampars and Jeanne K. Sinnott present as counsel for plaintiff(s). Darsee Staley, J. Scott Moede, and Brooks F. Cooper present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Karin J. Immergut presiding. (jy) |
| Filing 57 Summons Issued Electronically as to Lamar Obie Company, LLC. 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. (sss) |
| Filing 56 Summons Issued Electronically as to Scott Claus. 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. (sss) |
| Filing 55 Summons Issued Electronically as to Debbie Lund. 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. (sss) |
| Filing 54 Summons Issued Electronically as to Kris Strickler. 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. (sss) |
| Filing 53 Proposed Summons Lamar Obie Company LLC Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 52 Proposed Summons Scott Claus Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 51 Proposed Summons Kris Strickler Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 50 Proposed Summons Debbie Lund Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 49 Response in Opposition to Motion to Dismiss #39 Oral Argument requested. Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 48 Declaration of J. Scott Moede . Filed by City of Portland. (Related document(s): Motion to Dismiss #47 .) (Attachments: #1 Exhibit 1-2) (Moede, J.) |
| Filing 47 Motion to Dismiss First Amended Complaint and Additional Briefing in Response to Motion for Preliminary Injunction. Filed by City of Portland. (Moede, J.) |
| Filing 46 Response to Motion to Strike #34 Oral Argument requested. Filed by All Plaintiffs. (Kampars, Nicholas) |
| Filing 45 Response to Motion to Dismiss for Failure to State a Claim #35 Oral Argument requested. Filed by All Plaintiffs. (Kampars, Nicholas) |
| Filing 44 Notice of Dismissal of Party Oregon Department of Transportation, Lamar Central Outdoor, LLC, and Lamar Advertising Company Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 43 First Amended Complaint . Filed by Jim A. Atwood(in his capacity as trustee of the Jim A. Atwood Trust dated August 10, 2017), Jim A. Atwood(an individual) against City of Portland, Lamar Obie Company, LLC, Kris Strickler, Debbie Lund, Scott Claus. (Sinnott, Jeanne) |
| Filing 42 Reply to ODOT's Response to Motion for Preliminary Injunction #2 Oral Argument requested. Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 41 Reply to City of Portland's Response to Motion for Preliminary Injunction #2 Oral Argument requested. Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 40 Response to Motion for Preliminary Injunction #2 . Filed by Oregon Department of Transportation. (Staley, Darsee) |
| Filing 39 Motion to Dismiss . Oral Argument requested. Filed by Oregon Department of Transportation. (Staley, Darsee) |
| Filing 38 Notice of Correction by Clerk regarding #36 Request for Judicial Notice. A Clerical error has been discovered in the case record: The incorrect event was used. The following corrections were made to the record: The event has been changed and docket text has been corrected.The Notice of Electronic Filing will be regenerated to all parties. (sss) |
| Filing 37 Notice of Correction by Clerk regarding #34 Motion to Strike and #35 Motion to Dismiss for Failure to State a Claim. A Clerical error has been discovered in the case record: Incorrect PDFs were attached at filing, and docket text did not indicate oral argument was requested. The following corrections were made to the record: Corrected PDFs have been uploaded and have replaced the incorrect attachments, and docket text has been modified to add the request for oral argument.The Notices of Electronic Filing will be regenerated to all parties. (eo) |
| Filing 36 Request for Judicial Notice of #35 Motion to Dismiss for Failure to State a Claim. Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) Modified to correct event type and add link and text on 11/26/2019 (sss). |
| Filing 35 Motion to Dismiss for Failure to State a Claim . ORAL ARGUMENT REQUESTED. Filed by Lamar Central Outdoor LLC, Lamar Advertising Company. (Cooper, Brooks) (PDF replaced and docket text modified to include request for oral argument on 11/25/2019) (eo). |
| Filing 34 Motion to Strike. ORAL ARGUMENT REQUESTED. Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) (PDF replaced and docket text modified to include request for oral argument on 11/25/2019) (eo). |
| Filing 33 Corporate Disclosure Statement . Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) |
| Filing 32 Notification of CM/ECF Account for Theodore K. Stream (Pro Hac Vice admission). Your login is: tkstream. Go to #the CM/ECF login page to set your password. (sss) |
Filing 31
ORDER: Granting Application for Special Admission Pro Hac Vice of Theodore K. Stream for Lamar Advertising Company and Lamar Central Outdoor LLC. Application Fee in amount of $300 collected. Receipt No. 0979-6094546 issued. Signed on 11/25/2019 by Judge Karin J. Immergut. (sss)
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| Filing 30 Notification of CM/ECF Account for Robert J. Hicks (Pro Hac Vice admission). Your login is: rjhicks. Go to #the CM/ECF login page to set your password. (sss) |
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Filing 29
ORDER: Granting Application for Special Admission Pro Hac Vice of Robert J. Hicks for Lamar Advertising Company,Robert J. Hicks for Lamar Central Outdoor LLC. Application Fee in amount of $300 collected. Receipt No. 0979-6094483 issued. Signed on 11/25/2019 by Judge Karin J. Immergut. (sss)
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| Filing 28 Stipulated Proposed Form of Order Submitted . Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 27 Declaration of Michael Liefeld . Filed by City of Portland. (Related document(s): Response to Motion #26 .) (Moede, J.) |
| Filing 26 Response to Motion for Preliminary Injunction #2 . Filed by City of Portland. (Moede, J.) |
| Filing 25 Motion to Dismiss for Failure to State a Claim . Filed by City of Portland. (Moede, J.) |
| Filing 24 Stipulated Motion for Leave to Appear Pro Hac Vice for Attorney Theodore Stream . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6094546. Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) |
| Filing 23 Stipulated Motion for Leave to Appear Pro Hac Vice for Attorney Robert Hicks . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6094483. Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) |
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Filing 22
ORDER by Karin J. Immergut granting Stipulated Motion for Extension of Time to Answer Complaint #20 filed by Lamar Central Outdoor LLC, Lamar Advertising Company. Responsive pleadings due 11/25/2019. (jy)
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| Filing 21 Notice of Appearance of Jeanne Nicole DeFever appearing on behalf of Oregon Department of Transportation Filed by on behalf of Oregon Department of Transportation. (DeFever, Jeanne) |
| Filing 20 Stipulated Motion for Extension of Time to Answer Complaint. Filed by Lamar Central Outdoor LLC, Lamar Advertising Company. (Cooper, Brooks) |
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Filing 19
ORDER by Karin J. Immergut granting in part Unopposed Motion for Extension of Time to Appear and Respond to Plaintiffs' Motion for Preliminary Injunction #15 filed by Defendant City of Portland. The deadline for Defendant City of Portland to Appear and file a Response to Plaintiff's Motion for Preliminary Injunction is extended until 11/22/2019. Plaintiff's Reply is due no later than 12/2/2019. This schedule will allow the Court adequate time to review the briefing before oral argument. (jy)
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Filing 18
ORDER by Karin J. Immergut granting in part Unopposed Motion for Extension of Time to File a Response/Reply to Appear and Respond to Motion for Preliminary Judgment #12 filed by Defendant Oregon Department of Transportation. The deadline for Defendant Oregon Department of Transportation to Appear and file a Response to Plaintiff's Motion for Preliminary Injunction is extended until 11/27/2019. Plaintiff's Reply is due no later than 12/4/2019. This schedule will allow the Court adequate time to review the briefing before oral argument. (jy)
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Filing 17
ORDER by Karin J. Immergut granting in part Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction #11 filed by Defendants Lamar Advertising Company and Lamar Central Outdoor LLC. The deadline to file a Response to Plaintiff's Motion for Preliminary Injunction is extended until 11/22/2019. Plaintiff's Reply is due no later than 12/2/2019. This schedule will allow the Court adequate time to review the briefing before oral argument. (jy)
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| Filing 16 Declaration of J. Scott Moede . Filed by City of Portland. (Related document(s): Motion for Extension of Time #15 .) (Moede, J.) |
| Filing 15 Unopposed Motion for Extension of Time to Appear and Respond to Plaintiffs' Motion for Preliminary Injunction. Filed by City of Portland. (Moede, J.) |
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Filing 14
Scheduling Order by Judge Karin J. Immergut regarding Motion for Preliminary Injunction #2 . Oral Argument is set for 12/13/2019 at 10:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. (jy)
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| Filing 13 Declaration of Darsee Staley in Support of Motion for Extension of Time. Filed by Oregon Department of Transportation. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #12 .) (Staley, Darsee) |
| Filing 12 Unopposed Motion for Extension of Time to File a Response/Reply to Appear and Respond to Motion for Preliminary Injunction #2 . Filed by Oregon Department of Transportation. (Staley, Darsee) Modified to add Unopposed on 11/12/2019 (sss). |
| Filing 11 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction #2 . Expedited Hearing requested. Filed by Lamar Advertising Company, Lamar Central Outdoor LLC. (Cooper, Brooks) Modified to change Stipulated text to Unopposed on 11/12/2019 (sss). |
| Filing 10 Affidavit of Service upon Oregon Department of Transportation served on 11/1/2019 Filed by All Plaintiffs. (Sinnott, Jeanne) |
| Filing 9 Affidavit of Service upon City of Portland served on 10/29/2019; Lamar Advertising Company served on 10/28/2019; Lamar Central Outdoor LLC served on 10/28/2019 Filed by All Plaintiffs. (Sinnott, Jeanne) |
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Filing 8
Scheduling Order by Judge Karin J. Immergut: The Court will set a hearing on the Motion for Preliminary Injunction #2 once Plaintiff has filed proof of service of the complaint and motion. (gw)
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| Filing 7 Summons Issued Electronically as to City of Portland, Lamar Advertising Company, Lamar Central Outdoor LLC, Oregon Department of Transportation. 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. (sss) |
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Filing 6
Notice of Case Assignment to Judge Karin J. Immergut 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 2/21/2020. Joint Alternate Dispute Resolution Report is due by 3/23/2020. Pretrial Order is due by 3/23/2020. Ordered by Judge Karin J. Immergut. (sss)
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| Filing 5 Declaration of Kelly M. Walsh in Support of Motion for Preliminary Injunction. Filed by Jim A. Atwood. (Related document(s): Motion for Preliminary Injunction #2 .) (Sinnott, Jeanne) |
| Filing 4 Declaration of Jim A. Atwood . Filed by Jim A. Atwood. (Related document(s): Motion for Preliminary Injunction #2 .) (Sinnott, Jeanne) |
| Filing 3 Memorandum in Support . Filed by Jim A. Atwood. (Related document(s): Motion for Preliminary Injunction #2 .) (Sinnott, Jeanne) |
| Filing 2 Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by Jim A. Atwood. (Sinnott, Jeanne) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-6053380 Jury Trial Requested: Yes. Filed by Jim A. Atwood against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Sinnott, Jeanne) |
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