Index Newspapers LLC et al v. City of Portland et al
| Tuck Woodstock, Kat Mahoney, Sam Gehrke, John Rudoff, Mathieu Lewis-Rolland, Doug Brown, Justin Yau, Brian Conley, Sergio Olmos, Alex Milan Tracy and Index Newspapers LLC |
| City of Portland, John Does 1-60, U.S. Marshals Service and U.S. Department of Homeland Security |
| Underscore.news, National Police Association, Gales Creek Journal, Oregon Newspaper Publishers Association, Oregon Public Broadcasting, Reuters News & Media Inc., TEGNA Inc. / KGW-TV (Portland), KPTV-KPDX Broadcasting Corporation,, Pamplin Media Group, News-Register Publishing Co., Malheur Enterprise, Oregon Association of Broadcasters, Portland Business Journal, The Oregonian, Eugene Weekly, Society of Professional Journalists Oregon Territory Chapter, Salem Reporter and Reporters Committee for Freedom of the Press |
| 3:2020cv01035 |
| June 28, 2020 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Anna J Brown |
| Michael H Simon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.
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Filing 196
Reply Brief in Support to Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, and to Stay Discovery #181 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit Declaration of Jordan L. Von Bokern) (Von Bokern, Jordan)
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Filing 195
ORDER - Federal Defendants' Unopposed Motion for an Extension of Time, Nunc Pro Tunc, in Which to File a Reply Brief in Support of Federal Defendants' Motion to Dismiss and Stay Discovery (ECF #194 ) is GRANTED. Reply is due by 11/6/2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 194
Unopposed Motion for Extension of Time to File a Response/Reply , Nunc Pro Tunc, in Support to Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, and to Stay Discovery #181 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 193
Declaration of Athul Acharya in Support of Plaintiffs' Opposition to Federal Defendants' Motion to Dismiss and to Stay Discovery. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #192 .) (Borden, Matthew)
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Filing 192
Memorandum in Opposition to Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, and to Stay Discovery #181 . Filed by All Plaintiffs. (Borden, Matthew)
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Filing 191
Order from USCA for the 9th Circuit, USCA # 20-35739 re Notice of Appeal - Preliminary Injunction #158 . The Federal Defendants have not made a strong showing that they are likely to succeed on the merits of plaintiffs' claims. Nor have they shown that they are likely to suffer irreparable injury as a result of the district court's preliminary injunction. Further, a stay of the district courts injunction would substantially injure both the City and the plaintiffs. For these reasons, we cannot say at this juncture that the Federal Defendants are entitled to a stay of the preliminary injunction pending appeal. The Federal Defendants' emergency motion for a stay pending appeal is DENIED, and the administrative stay entered August 27, 2020 is lifted. (jtj)
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Filing 190
ORDER - The Parties' Joint Stipulation to Extend Plaintiffs' Deadline to Respond to Federal Defendants' Motion to Dismiss (ECF #189 ) is GRANTED. Plaintiffs' response is due by 10/19/2020. Defendants' reply is due by 11/2/2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 189
Joint Stipulation re Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, and to Stay Discovery #181 to Extend Plaintiffs' Deadline to Respond by All Plaintiffs. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 188
Redacted Declaration of Athul K. Acharya in Support of Plaintiff's Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Declaration, #147 .) (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) (Borden, Matthew)
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Filing 187
Redacted Declaration of Matthew Borden in Support of Plaintiff's Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Declaration, #137 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Borden, Matthew)
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Filing 186
Order from USCA for the 9th Circuit, USCA # 20-35739 re Notice of Appeal - Preliminary Injunction #158 . We have received the motions for leave to proceed as amici in opposition to the pending motion to stay the district court's August 20, 2020 order. The motions to proceed as amici are granted (Docket Entry Nos. #16 and #18 ). The motion to stay the district court's August 20, 2020 order will be addressed separately. We sua sponte extend the briefing schedule for this appeal. The opening brief and excerpts of record are due October 14, 2020. The answering brief is due November 16, 2020. The optional reply brief is due 21 days after service of the answering brief. (jtj)
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Filing 185
Amended Stipulated Preliminary Injunction. Signed on 9/23/2020 by Judge Michael H. Simon. (mja)
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Filing 184
Stipulated Protective Order. Signed on 9/23/2020 by Judge Michael H. Simon. (mja)
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Filing 183
Stipulated Motion for Preliminary Injunction between Plaintiffs and Defendant City of Portland Amended. Filed by City of Portland. (Sheffield, Naomi)
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Filing 182
Stipulated Motion for Protective Order between Plaintiffs and Defendant City of Portland. Filed by City of Portland. (Sheffield, Naomi)
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Filing 181
Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, and to Stay Discovery. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 180
Protective Order. Signed on 9/15/2020 by Judge Michael H. Simon. (mja)
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Filing 179
Stipulated Motion for Protective Order Between Plaintiffs and Defendant City of Portland. Filed by City of Portland. (Sheffield, Naomi)
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Filing 178
Exhibit 2 to Federal Defendants' Response to Plaintiff's Proposal on Uniform Markings (#173 ). (DOCUMENT FILED UNDER SEAL). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (eo)
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Filing 177
ORDER - Federal Defendants' Unopposed Motion to File Under Seal Document Supplementing Federal Defendants' Response to Plaintiffs' Proposal on Uniform Markings (ECF #174 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 176
Declaration of Athul K. Acharya in Support of Plaintiffs' Response re: Marking Federal Defendants' Uniforms. Filed by All Plaintiffs. (Related document(s): Brief #175 .) (Attachments: #1 Exhibit 1) (Borden, Matthew)
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Filing 175
Brief Response re: Marking Federal Defendants' Uniforms. Filed by All Plaintiffs. (Related document(s): Brief, #162 .) (Borden, Matthew)
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Filing 174
Unopposed Motion for Leave to File Document Under Seal. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 173
Brief in Response to Plaintiffs' Supplemental Brief in Support of a Preliminary Injunction. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Von Bokern, Jordan)
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Filing 172
Answer to #53 Amended Complaint, . Filed by City of Portland. (Sheffield, Naomi)
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Filing 171
Order from USCA for the 9th Circuit, USCA # 20-35739 re Notice of Appeal - Preliminary Injunction #158 . The court has received appellants' emergency motion to stay the district court's August 20, 2020 order at Docket Entry No. #7 , and the response and reply thereto. The court will hold virtual oral argument on the emergency motion at 2:00 p.m. Pacific Time on Thursday, September 17, 2020. Each side is allotted 20 minutes for argument. (ecp)
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Filing 170
Exhibit 2 to Federal Defendants' Proposal on Uniform Markings (#162 ). (DOCUMENT FILED UNDER SEAL). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 2) (eo)
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Filing 169
Amended Stipulated Preliminary Injunction. Signed on 9/4/2020 by Judge Michael H. Simon. (mja)
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Filing 168
Stipulated Motion for Preliminary Injunction Amended. Filed by City of Portland. (Sheffield, Naomi) Modified on 9/4/2020 (mja).
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Filing 167
ORDER - Federal Defendants' Unopposed Motion to File Under Seal Document Supplementing Federal Defendants' Proposal on Uniform Markings (ECF #163 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 166
Declaration of Athul K. Acharya re: Marking Federal Defendants' Uniforms. Filed by All Plaintiffs. (Related document(s): Brief #165 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Acharya, Athul)
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Filing 165
Supplemental Brief re: Marking Federal Defendants' Uniforms. Filed by All Plaintiffs. (Acharya, Athul)
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Filing 164
Declaration of Russel Burger . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 163
Unopposed Motion for Leave to File Document Under Seal. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 162
Brief Regarding Federal Defendants' Proposal Pursuant to the Preliminary Injunction. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Von Bokern, Jordan)
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Filing 161
Order from USCA for the 9th Circuit, USCA # 20-35739 re Notice of Appeal - Preliminary Injunction #158 . Order by Judges MILLER and BRESS, Dissent by Judge McKEOWN. We have received appellants' emergency motion at Docket Entry No. #7 seeking to stay the district court's August 20, 2020 order pending resolution of this appeal. Appellants request for an immediate administrative stay of the district court's August 20, 2020 order pending resolution of the emergency motion is granted. See Nken v. Holder, 556 U.S. 418, 426 (2009). Based on our preliminary review, appellants have made a strong showing of likely success on the merits that the district court's injunction exempting Journalists and Legal Observers from generally applicable dispersal orders is without adequate legal basis. Given the order's breadth and lack of clarity, particularly in its non-exclusive indicia of who qualifies as Journalists and Legal Observers, appellants have also demonstrated that, in the absence of a stay, the order will cause irreparable harm to law enforcement efforts and personnel. The August 20, 2020 order is stayed, temporarily, pending resolution of the emergency motion. This administrative stay preserves the status quo as it existed before the district courts preliminary injunction and temporary restraining order. This order does not disturb the portion of the district court's August 20, 2020 order directing the parties to confer regarding identifying markings and directing that the parties submit proposals to the district court within 14 days if the parties cannot reach an agreement. However, the district court shall not issue a final order regarding identifying markings pending this courts resolution of the emergency motion. Appellees' response to the emergency motion is due by 9:00 a.m. PDT September 2, 2020. Appellants' optional reply is due by 5:00 p.m. PDT September 3, 2020. McKEOWN, Circuit Judge, dissenting: I respectfully dissent and would deny the Federal Defendants request for an administrative stay. The factual conclusions underlying the entry of a preliminary injunction are reviewed for clear error. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). In light of the deferential review accorded to the district court's factual finding at this stage, the district court's extensive factual findings with respect to journalists and legal observers, including the finding that the injunction would not impair law enforcement operations to protect federal property and personnel, and the fact that a temporary restraining order has been in place since July 23, 2020, the government has failed to meet its burden to demonstrate either an emergency or irreparable harm to support an immediate administrative stay. I concur in the order with respect to the markings (ecp)
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Filing 160
Order Denying Federal Defendants' Renewed Motion to Stay Preliminary Injunction Pending Appeal. Signed on 8/25/2020 by Judge Michael H. Simon. (mja)
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Filing 159
Motion for Stay of Preliminary Injunction Pending Appeal. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction #158 . Case Appealed to 9th Circuit Court of Appeals Case Number 20-35739 assigned. (jtj)
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Filing 158
Notice of Appeal to the 9th Circuit (fee exempt status selected (AUSA)). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 157
Opinion and Order Granting Preliminary Injunction Against Federal Defendants. Signed on 8/20/2020 by Judge Michael H. Simon. (mja)
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Filing 156
Response in Opposition to Motion to Strike Declaration of Chris Bishop Declaration #152 #154 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 155
Declaration of Matthew Borden in Support of Plaintiffs' Motion to Strike Declaration of Chris Bishop. Filed by All Plaintiffs. (Related document(s): Motion to Strike #154 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Borden, Matthew)
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Filing 154
Motion to Strike Declaration of Chris Bishop Declaration #152 . Filed by All Plaintiffs. (Borden, Matthew)
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Filing 153
Supplemental Brief in Support of Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #134 .) (Borden, Matthew)
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Filing 152
Declaration of Chris A. Bishop . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 151
MINUTES OF TELEPHONE PRELIMINARY INJUNCTION HEARING: ORDER - Plaintiffs' Motion for Preliminary Injunction Against Federal Defendants (ECF #134 ) is taken under advisement as of 8/18/2020. Matthew Bordan, Athul K. Acharya, Kelly K. Simon, and Gunner Martz present as counsel for Plaintiffs. Naomi Scheffield present as counsel for Defendant City of Portland. Jordan Von Bokern and Joshua E. Gardner present as counsel for Federal Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 150
Notice of Filing of DVD Filed by All Plaintiffs. (Acharya, Athul)
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Filing 149
Notice of Appearance of Joshua E Gardner appearing on behalf of U.S. Department of Homeland Security, U.S. Marshals Service Filed by on behalf of U.S. Department of Homeland Security, U.S. Marshals Service. (Gardner, Joshua)
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Filing 148
Corrected Declaration of Athul K. Acharya in Support of Reply in Support of Plaintiffs' Motion for Preliminary Injunction Against Federal Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Declaration,, #143 .) (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) (Acharya, Athul)
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Filing 147
Corrected Declaration of Athul K. Acharya in Support of Reply in Support of Plaintiffs' Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Declaration, #146 .) (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) (Acharya, Athul)
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Filing 146
Declaration of Athul K. Acharya in Support of Reply in Support of Plaintiffs' Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Reply to Motion #144 .) (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) (Acharya, Athul)
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Filing 145
Supplemental Declaration of Gil Kerlikowske . Filed by All Plaintiffs. (Related document(s): Reply to Motion, #142 .) (Acharya, Athul)
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Filing 144
Redacted Reply in Support to Motion for Preliminary Injunction Against Federal Defendants #134 Oral Argument requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 143
Declaration of Athul K. Acharya in Support of Reply in Support of Plaintiffs' Motion for Preliminary Injunction Against Federal Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Reply to Motion, #142 .) (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) (Acharya, Athul)
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Filing 142
Reply in Support to Motion for Preliminary Injunction Against Federal Defendants #134 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Borden, Matthew)
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Filing 141
Exhibit 1 and 2 to the Response in Opposition to Motion (#138 ). (DOCUMENT FILED UNDER SEAL). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 2) (eo)
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Filing 140
ORDER - Federal Defendants' Unopposed Motion for Leave to File Documents Under Seal (ECF #139 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 139
Unopposed Motion for Leave to File Documents Under Seal. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Proposed Order) (Von Bokern, Jordan)
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Filing 138
Response in Opposition to Redacted Motion for Preliminary Injunction Against Federal Defendants #133 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Von Bokern, Jordan)
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Filing 137
Declaration of Matthew Borden in Support of Plaintiff's Motion for Preliminary Injunction Against Federal Defendants. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #133 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Borden, Matthew)
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Filing 136
Declaration of Matthew Borden in Support of Plaintiff's Motion for Preliminary Injunction Against Federal Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #134 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Borden, Matthew)
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Filing 135
Declaration of Gil Kerlikowske . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #134 , Motion for Preliminary Injunction #133 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 134
Motion for Preliminary Injunction Against Federal Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 133
Redacted Motion for Preliminary Injunction Against Federal Defendants. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 132
Joint Stipulation Regarding Preliminary Injunction Hearing by All Plaintiffs. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 131
Stipulated Protective Order. Signed on 8/7/2020 by Judge Michael H. Simon. (mja)
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Filing 130
Stipulated Motion for Protective Order . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 129
MINUTES OF TELEPHONE CONFERENCE - Discovery matter discussed as stated on the record. Matthew Borden and Gunner Martz present as counsel for Plaintiffs. Denis M. Vannier and Naomi Sheffield present as counsel for Defendant City of Portland. Joshua Gardner present as counsel for Defendants U.S. Marshal Service and DHS. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 128
Notice of appearance of Joshua E. Gardner on behalf of Federal Defendants Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 127
Scheduling Order by Judge Michael H. Simon. ORDER - At the parties' request, the Court is setting a Telephone Conference to discuss discovery issues for 8/7/2020 at 1:30PM. The Court will provide the parties with a call-in number by email. Ordered by Judge Michael H. Simon. (mja)
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Filing 126
MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - For the reasons stated on the record, the Court finds good cause and extends the temporary restraining order (ECF #84 ) for an additional 14 days, until August 20, 2020, at 5:00 p.m. The Court also DENIES the Federal Defendants' motion for reconsideration of temporary restraining order (ECF #101 ). SCHEDULING The Court sets a preliminary injunction briefing and hearing schedule as follows: (1) Plaintiffs' opening brief is due by August 9, 2020; (2) Defendants' response is due by August 12, 2020; (3) Plaintiffs' reply is due by 5:00 p.m. on August 14, 2020; and (4) a Preliminary Injunction Hearing (by telephone) remains set for August 18, 2020, at 10:00 a.m. The Court will provide the parties with a call-in number by email. Matthew Borden, Athul K. Acharya, Kelly K. Simon, and Gunner Martz present as counsel for Plaintiffs. Naomi Scheffield present as counsel for Defendant City of Portland. Jordan Von Bokern present as counsel for Defendants U.S. Marshal Service and DHS. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 125
ORDER - The Court GRANTS the Unopposed Motion of the Reporters Committee for Freedom of the Press and 16 News Media Organizations for Leave to Submit Brief as Amici Curiae (ECF #121 ). In addition, the Court allows counsel for these amici curiae, as well as counsel for amicus curiae National Police Association, to participate in all telephonic hearings in this case. The Courtroom Deputy will provide counsel with a call-in number by email. Ordered by Judge Michael H. Simon. (mja)
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Filing 124
Declaration of Athul K. Acharya in Support of Plaintiffs' Reply in Support of Extending the TRO with Limited Modifications. Filed by All Plaintiffs. (Related document(s): Memorandum in Support #123 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Acharya, Athul)
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Filing 123
Memorandum in Support of Extending the Temporary Restraining Order with Limited Modifications. Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Borden, Matthew)
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Filing 122
Memorandum in Opposition to Plaintiffs' Memorandum in Support of Extending the Temporary Restraining Order. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 121
Unopposed Motion to Appear as Amicus Curiae . Filed by Reporters Committee for Freedom of the Press, Eugene Weekly, Gales Creek Journal, KPTV-KPDX Broadcasting Corporation,, Malheur Enterprise, News-Register Publishing Co., Oregon Association of Broadcasters, Oregon Newspaper Publishers Association, Oregon Public Broadcasting, The Oregonian, Pamplin Media Group, Portland Business Journal, Reuters News & Media Inc., Salem Reporter, Society of Professional Journalists Oregon Territory Chapter, TEGNA Inc. / KGW-TV (Portland), Underscore.news. (Attachments: #1 Proposed Document Proposed Brief) (Bosworth, Duane)
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Filing 120
Declaration of Matthew Borden in Support of Plaintiffs' Memorandum in Support of Extending the TRO with Limited Modifications. Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Attachments: #1 Exhibit 1) (Borden, Matthew)
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Filing 119
Declaration of Justin Yau . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 118
Declaration of Emily Molli . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 117
Declaration of Amy Katz . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 116
Declaration of Sarah Jeong . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 115
Declaration of Brian Conley . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 114
Declaration of Jann Carson . Filed by All Plaintiffs. (Related document(s): Memorandum in Support #112 .) (Acharya, Athul)
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Filing 113
Memorandum in Opposition to Extending the Temporary Restraining Order. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Von Bokern, Jordan)
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Filing 112
Memorandum in Support of Extending the Temporary Restraining Order with Limited Modifications. Filed by All Plaintiffs. (Related document(s): Temporary Restraining Order #84 .) (Borden, Matthew)
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Filing 111
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on July 31,2020, before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/10/2020. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Apodaca, Dennis)
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Filing 110
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on July 23, 2020, before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/10/2020. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Apodaca, Dennis)
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Filing 109
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on July 1, 2020, before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/10/2020. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Apodaca, Dennis)
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Filing 108
MINUTES OF TELEPHONE CONFERENCE AND SCHEDULING ORDER - As discussed during the telephone conference held on July 31, 2020, the Court sets the following schedule and issues the following orders: (1) not later than Tuesday, August 4, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence on whether the existing TRO (ECF #84 ) should be extended, either with or without modification, for an additional 14 days; (2) not later than Wednesday, August 5, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence responding to a party's August 4 filings; (3) the Court will hear telephonic oral argument on Thursday, August 6 at 10:00 a.m. on (a) whether to extend the existing TRO, either with or without modification, and (b) the Federal Defendants' Motion for Reconsideration (ECF #101 ); (4) the Court will hear argument by telephone on Tuesday, August 18 at 10:00 a.m. on whether to issue a preliminary injunction; and (5) the parties shall notify the Court by August 3 on whether they have stipulated to a briefing schedule for any preliminary injunction motion. The Court authorizes expedited discovery, as discussed on the record. The Court suspends briefing and consideration of Plaintiffs' Motion for Findings of Contempt and for Sanctions (ECF #85 ) pending further order of the Court. In the parties' briefs due August 4, the parties should address the following: (1) whether the TRO should be modified to include a requirement that any employee, officer, or agent of any Federal Defendant who leaves the interior of the federal courthouse during a protest while carrying or using any crowd-control device must wear a clearly visible unique identifying code on the front and back of the outside of that person's clothing (with white numbers or letters not less than eight inches in height against a dark background) and a further requirement that a list matching each unique identifying code to the name and unit of that person shall be maintained by counsel for the Federal Defendants but need not be disclosed absent further court order after an opportunity to be heard; and (2) whether the TRO should be modified to restrict the definition of "Journalist" covered by the TRO to a person who is a professional or authorized journalist and who has been issued a colored and distinctive vest prominently indicating "ACLU Authorized Press" (or other similar words) by the ACLU of Oregon and a further requirement that a list of all persons to whom the ACLU of Oregon has issued such a non-transferable distinctive vest shall be maintained by counsel for Plaintiffs but need not be disclosed absent further court order after an opportunity to be heard. For the hearing on August 6 at 10:00 a.m., the Court will provide the parties with a call-in number by email. Matthew Borden present as counsel for Plaintiffs. Denis M. Vannier, Naomi Sheffield, and Ryan C. Bailey present as counsel for Defendant City of Portland. Jordan Von Bokern, Alexander K. Haas, and Brigham J. Bowen present as counsel for Defendants U.S. Marshals Service & U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 107
Exhibits 1-5 to the Motion for Reconsideration of Temporary Restraining Order Enjoining Federal Defendants (#101 ). (DOCUMENT FILED UNDER SEAL). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5) (eo)
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Filing 106
Corrected Declaration of Andrew Smith (with Exhibits). Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Related document(s): Motion for Reconsideration,, #101 .) (Attachments: #1 Errata Corrected Declaration of Andrew Smith with Exhibits) (Warden, Andrew)
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Filing 105
Notice of Filing of Declarations Addressing Compliance with the Court's Temporary Restraining Order Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Warden, Andrew)
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Filing 104
ORDER - Other than the parties and counsel for the parties, only this Court and its staff may review, copy, photograph, and/or inspect the materials. Signed on 7/31/2020 by Judge Michael H. Simon. (mja)
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Filing 103
ORDER - Federal Defendants' Unopposed Motion for Leave to File Documents Under Seal Supplementing Federal Defendants' Motion for Reconsideration (ECF #102 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 102
Unopposed Motion for Leave to File Documents Under Seal. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit A, #2 Proposed Order) (Von Bokern, Jordan)
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Filing 101
Motion for Reconsideration of Temporary Restraining Order Enjoining Federal Defendants. Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit Declaration of Andrew Smith, #2 Exhibit Declaration of CBP PAO #1, #3 Exhibit Declaration of FPS Badge No. 824, #4 Exhibit Declaration of FPS Badge No. 882, #5 Exhibit Declaration of Gabriel Russell, #6 Exhibit Declaration of NZ1, #7 Exhibit Declaration of SOG 1) (Von Bokern, Jordan)
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Filing 100
Joint Rule 26(f) Report and Discovery Plan and Proposed Scheduling Order for Settlement. Filed by City of Portland. (Sheffield, Naomi)
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Filing 99
Notice of Appearance of Jordan Von Bokern appearing on behalf of U.S. Department of Homeland Security, U.S. Marshals Service Filed by on behalf of U.S. Department of Homeland Security, U.S. Marshals Service. (Von Bokern, Jordan)
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Filing 98
Proof of Service upon United States Marshals Service Return of Service Executed as to All Plaintiffs. Service specifically made upon Local U.S. Attorney. (Borden, Matthew)
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Filing 97
Proof of Service upon United States Department of Homeland Security Return of Service Executed as to All Plaintiffs. Service specifically made upon Local U.S. Attorney. (Borden, Matthew)
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Filing 96
Scheduling Order by Judge Michael H. Simon. ORDER - The Court sets a Telephone Status and Scheduling Conference for 7/31/2020 at 10:00AM. The Court will provide the parties with a call-in number by email. Ordered by Judge Michael H. Simon. (mja)
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Filing 95
Declaration of Haley Nicholson in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 94
Declaration of Kat Mahoney in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 93
Declaration of Jonathan Levinson in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 92
Declaration of Bruce Knivila in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 91
Declaration of Daniel Hollis in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 90
Declaration of Justin Grinnell in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 89
Declaration of Kathryn Elsesser in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 88
Declaration of Rebecca Ellis in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 87
Declaration of Brian Conley in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Borden, Matthew)
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Filing 86
Declaration of Matthew Borden in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service.. Filed by All Plaintiffs. (Related document(s): Motion for Imposition of Sanctions #85 .) (Attachments: #1 Exhibit 1) (Borden, Matthew)
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Filing 85
Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 84
Temporary Restraining Order Enjoining Federal Defendants. Signed on 7/23/2020 by Judge Michael H. Simon. (mja)
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Filing 83
MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Motion for Temporary Restraining Order (ECF #54 ) is taken under advisement as of July 23, 2020. Matthew Bordan present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendant City of Portland. Andrew Warden present as counsel for Defendants U.S. Marshals Service and U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 82
Declaration of Gabriel Trumbly in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Acharya, Athul)
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Filing 81
Declaration of Steve Hickey in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Acharya, Athul)
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Filing 80
Supplemental Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Acharya, Athul)
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Filing 79
Reply to Motion for Temporary Restraining Order and Preliminary Injunction #54 Oral Argument requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 78
Declaration of Elizabeth Dylan (Eddy) Binford-Ross in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Borden, Matthew)
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Filing 77
Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 76
Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 75
Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 74
Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 73
Declaration of Mike Bivins in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 72
Declaration of Noah Berger in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 71
Declaration of Karina Brown in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 70
City Memorandum in Support of Motion for Temporary Restraining Order Against Federal Defendants. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order #54 .) (Vannier, Denis)
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Filing 69
Summons Issued Electronically as to U.S. Department of Homeland Security, U.S. Marshals Service. 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. (rs)
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Filing 68
Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 7/10/2020. Filed by All Plaintiffs. (Acharya, Athul)
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Filing 67
Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction #54 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Warden, Andrew)
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Filing 66
Notice of Appearance of Andrew Warden appearing on behalf of U.S. Department of Homeland Security, U.S. Marshals Service Filed by on behalf of U.S. Department of Homeland Security, U.S. Marshals Service. (Warden, Andrew)
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Filing 65
Amicus Memorandum . Filed by National Police Association. (Buchal, James)
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Filing 64
Declaration of Jake Johnson in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 63
Declaration of James Comstock in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 62
Declaration of Jungho Kim in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 61
Declaration of Nate Haberman-Ducey in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 60
Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 59
Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 58
Declaration of Nathan Howard in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 57
SCHEDULING ORDER: The Federal Defendants' response to Plaintiffs' Motion for Temporary Restraining Order (ECF #54 ) is due Tuesday, July 21, 2020, by 5:00 p.m., and Plaintiffs' reply is due Wednesday, July 22, 2020, by 5:00 p.m. The Court will hold a telephonic hearing on Thursday, July 23, 2020, at 1:00 p.m. and will provide a call-in number by separate sealed entry. The Courtroom Deputy is directed to provide a copy of this Scheduling Order and Plaintiff's Motion by email to the United States Attorney for the District of Oregon. Ordered by Judge Michael H. Simon (mja)
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Filing 56
Declaration of Justin Yau in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 55
Declaration of Doug Brown in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #54 .) (Borden, Matthew)
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Filing 54
Motion for Temporary Restraining Order and Preliminary Injunction. Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 53
Second Amended Complaint . Filed by Alex Milan Tracy, Sam Gehrke, Brian Conley, Index Newspapers LLC, Tuck Woodstock, Doug Brown, Justin Yau, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Sergio Olmos against All Defendants (Attachments: #1 Proposed Summons). (Borden, Matthew)
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Filing 52
Opinion and Order - The Court GRANTS Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint. ECF #42 . Signed on 7/17/2020 by Judge Michael H. Simon. (mja)
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Filing 51
MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Emergency Motion for Leave to Amend Complaint (ECF #42 ) is taken under advisement as of 7/16/2020. Athul K. Acharya, Kelly K. Simon, and Matthew Bordon present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 50
MINUTES of Proceedings: Telephonic Status Conference held before Judge John V. Acosta. Ordered Motions #2 by Gunnar Martz, #3 by Matthew Borden, and #4 by Noah Hagey to appear Pro Hac Vice as counsel for plaintiffs are granted. Ordered the parties shall confer and submit a joint proposed discovery plan to the Court by 7/30/2020. The discovery plan shall address the discovery needed for a settlement conference and a timetable to complete discovery. If the parties are unable to agree, each parties' position shall be addressed in the proposed discovery plan. Matthew Borden, Gunnar Martz, Athul Acharya present as counsel for plaintiffs. Denis Vannier present as counsel for defendants. Tape No: Hearing was not recorded. Magistrate Judge John V. Acosta presiding. (cw)
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Filing 49
Stipulated Preliminary Injunction. Signed on 7/16/2020 by Judge Michael H. Simon. (mja)
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Filing 48
Stipulated Motion for Preliminary Injunction . Filed by All Plaintiffs. (Acharya, Athul)
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Filing 47
Reply to Emergency Motion for Leave to File Amended Complaint/Petition #42 . Filed by All Plaintiffs. (Acharya, Athul)
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Filing 46
Response in Opposition to Emergency Motion for Leave to File Amended Complaint/Petition #42 Oral Argument requested. Filed by City of Portland. (Vannier, Denis)
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Filing 45
SCHEDULING ORDER - Defendant City of Portland's response to Plaintiff's Emergency Motion for Leave to File Second Amended Complaint (ECF #42 ) is due by the close of business on Wednesday, July 15, 2020, as agreed upon by the parties. Plaintiff's reply is due by 8:00 a.m. on Thursday, July 16, 2020. The Court will hear oral argument by telephone on Thursday, July 16, 2020 at 3:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 44
Declaration of Mathieu Lewis-Rolland Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition #42 .) (Acharya, Athul)
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Filing 43
Declaration of Garrison Davis Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition #42 .) (Acharya, Athul)
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Filing 42
Emergency Motion for Leave to File Amended Complaint/Petition . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Acharya, Athul)
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Filing 41
Notice of Association of Attorney Ryan C. Bailey,Ryan C. Bailey,Ryan C. Bailey for City of Portland. Filed by City of Portland. (Bailey, Ryan)
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Filing 40
First Amended Complaint . Filed by Sam Gehrke, Doug Brown, Tuck Woodstock, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Index Newspapers LLC, Alex Milan Tracy, Brian Conley, Justin Yau, Sergio Olmos against All Defendants. (Acharya, Athul)
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Filing 39
Notice of Association of Attorney YoungWoo Joh for City of Portland. Filed by City of Portland. (Joh, YoungWoo)
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Filing 38
Scheduling Order - SETTING a Telephone Status Conference for Thursday, July 16, 2020 at 10:30 AM in Portland before Magistrate Judge John V. Acosta for the purpose of discussing the scheduling of a settlement conference pursuant to Judge Simon's Order 37 . The Court's conference call information shall be provided by separate entry. Ordered by Magistrate Judge John V. Acosta. (pjg) Modified on 7/14/2020 to correct month of status conference from June to July (mja).
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Filing 37
ORDER - The Court directs the parties in both Woodstock v. City of Portland, Case No. 20-cv-1035-SI, and Elia v. Wheeler, Case No. 20-cv-1106-SI, to contact the chambers of United States Magistrate Judge John V. Acosta for the purpose of promptly participating in a joint settlement conference in both matters. Ordered by Judge Michael H. Simon. (mja)
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Filing 36
Notice of Appearance of Denis M. Vannier appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Vannier, Denis) Modified on 7/9/2020 to reflect correction representation from All Defendants to City of Portland, NEF regenerated.(rs).
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Filing 35
Notice of Appearance of Naomi Sheffield appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Sheffield, Naomi)
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Filing 34
ORDER - The National Police Association's Motion to Appear as Amicus Curiae (ECF #31 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 33
TEMPORARY RESTRAINING ORDER. Signed on 7/2/2020 by Judge Michael H. Simon. (mja)
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Filing 32
Declaration of Ed Hutchison . Filed by National Police Association. (Related document(s): Motion to appear as amicus curiae #31 .) (Buchal, James)
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Filing 31
Motion to Appear as Amicus Curiae . Filed by National Police Association. (Buchal, James)
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Filing 30
MINUTES OF TELEPHONE CONFERENCE: Status of case discussed as stated on the record. The Court takes this matter under advisement on 7/2/2020. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Denis M. Vannier and Naomi Sheffield present as counsel for Defendants. Beth Ann Creighton and Michael Rose present as amicus/potential intervenor. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 29
MINUTES OF TELEPHONE CONFERENCE: ORDER - Setting a further Telephone Conference for 7/2/2020 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Naomi Sheffield present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 28
Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 27
Supplemental Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 26
Supplemental Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 25
Scheduling Order by Judge Michael H. Simon. ORDER - Setting a Telephone Conference to discuss the status of the case for 7/1/2020 at 2:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 24
Declaration of Alex Zielinski in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 23
Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 22
Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 21
Declaration of Elliot Tippie in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 20
Declaration of Blair Stenvick in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 19
Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Michael H. Simon. (eo)
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Filing 18
Declaration of Suzette Smith in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 17
Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 16
Declaration of Zach Putnam in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 15
Declaration of Sergio Olmos in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 14
Declaration of Nathan Millsap in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 13
Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 12
Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 11
Declaration of Wm. Steven Humphrey in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 10
Declaration of Sam Gehrke in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 9
Declaration of Doug Brown in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Acharya, Athul)
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Filing 8
Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Attachments: #1 Exhibit 1) (Acharya, Athul)
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Filing 7
Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by All Plaintiffs. (Acharya, Athul)
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Filing 6
Summons Issued Electronically as to City of Portland. 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. (ecp)
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Filing 5
Notice of Case Assignment to Judge Anna J. Brown 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 10/27/2020. Joint Alternate Dispute Resolution Report is due by 11/27/2020. Pretrial Order is due by 11/27/2020. Ordered by Judge Anna J. Brown. (ecp)
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Filing 4
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218. Filed by All Plaintiffs. (Hagey, J.)
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Filing 3
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177. Filed by All Plaintiffs. (Borden, Matthew)
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Filing 2
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137. Filed by All Plaintiffs. (Martz, Gunnar)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218 #4 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137 #2 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177 #3 : Reviewed and Ready for Ruling. (ecp)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6907171 Jury Trial Requested: Yes. Filed by Doug Brown, Tuck Woodstock, Sam Gehrke, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Simon, Kelly)
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