Gibson et al v. Schmidt et al
Plaintiff: Russell Schultz and Joseph Gibson
Defendant: Mike Schmidt, Multnomah County District Attorney's Office and Brad Kalbaugh
Case Number: 3:2020cv01580
Filed: September 11, 2020
Court: US District Court for the District of Oregon
Presiding Judge: Stacie F Beckerman
Referring Judge: Karin J Immergut
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2020 Filing 43 MINUTES of Proceedings: Motion Hearing Held. Plaintiffs' Motion to Compel Discovery #37 is GRANTED IN PART and Defendants' Motion to Quash Deposition Notice and for a Protective Order #39 is GRANTED. See attached Order for further details. Defendants must produce all discovery by November 20, 2020. Plaintiffs' supplemental briefing regarding whether an exception to Younger abstention applies is now due December 11, 2020. Defendants' response is due December 29, 2020. Plaintiffs' reply, which shall not exceed ten pages in length, is due January 5, 2021. The hearing on Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [5,] will be held on January 22, 2021 at 10:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. D. Angus Lee and James L. Buchal present as counsel for plaintiff(s). Jill Schneider present as counsel for defendant(s).(Court Reporter Jill Jessup.)Judge Karin J. Immergut presiding. (jy)
November 3, 2020 Filing 42 Declaration of James L. Buchal . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #41 .) (Buchal, James)
November 3, 2020 Filing 41 Response in Opposition to Motion to Quash Deposition Notice and for a Protective Order #39 . Filed by All Plaintiffs. (Buchal, James)
October 28, 2020 Filing 40 Response to Motion to Compel to Motion to Compel and Memorandum in Support Thereof #37 . Filed by All Defendants. (Schneider, Jill)
October 27, 2020 Filing 39 Motion to Quash Deposition Notice and for a Protective Order. Filed by Brad Kalbaugh, Multnomah County District Attorney's Office, Mike Schmidt. (Schneider, Jill)
October 21, 2020 Filing 38 Declaration of James L. Buchal in Support of Plaintiffs' Motion to Compel. Filed by All Plaintiffs. (Related document(s): Motion to Compel #37 .) (Attachments: #1 Exhibit 1 through 8) (Buchal, James)
October 21, 2020 Filing 37 Motion to Compel and Memorandum in Support Thereof. Oral Argument requested. Filed by All Plaintiffs. (Buchal, James)
October 21, 2020 Opinion or Order Filing 36 Scheduling Order by Judge Karin J. Immergut. The parties have jointly requested that the current schedule for briefing on Younger v Harris and argument on the Motion for a Temporary Restraining Order #5 be vacated. The Court GRANTS that request. The parties have requested the following updated schedule, which the Court accepts: Plaintiffs will file a motion to compel outstanding discovery on October 21, 2020. Defendants' Response is due October 28, 2020. The hearing on Plaintiffs' motion to compel outstanding discovery will be held on November 6, 2020 at 10:00AM in Portland by videoconference before Judge Karin J. Immergut. After the Court's ruling on the motion to compel, the Court will set the briefing schedule on Younger issue and set a hearing date for the underlying Motion for a Temporary Restraining Order #5 . Ordered by Judge Karin J. Immergut. (jy)
October 20, 2020 Filing 35 Amended Complaint Summons issued as to Mike Schimidt; Multnomah County District Attorney's Office; and, Brad Kalbaugh. Filed by Joseph Gibson, Russell Schultz against All Defendants. (Buchal, James)
October 6, 2020 Filing 34 Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-7226797. The request has been granted and the amount of $300.00 will be refunded to James L. Buchal. Related Doc #29 Request for Refund of Fees Paid Electronically. (lp)
September 30, 2020 Opinion or Order Filing 33 Scheduling Order by Judge Karin J. Immergut. Pursuant to this Court's order, ECF #32 , granting in part Plaintiff's Amended Motion for Expedited Discovery, ECF #12 , Defendants must provide the expedited discovery by October 14, 2020. Plaintiffs' supplemental briefing regarding whether an exception to Younger abstention applies is due October 21, 2020. Defendants' Response is due October 28, 2020. Plaintiffs' Reply, if any, is due November 2, 2020. The hearing on Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction, ECF #5 , will be held on November 6, 2020 at 10:00AM in Portland by videoconference before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
September 30, 2020 Filing 32 MINUTES of Proceedings: Telephonic Motion Hearing Held on Amended Motion to Expedite or Accelerate Emergency Motion for Discovery #12 . See attached order for details. D. Angus Lee and James L. Buchal present as counsel for plaintiff(s). Jill Schneider present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy)
September 30, 2020 Filing 31 Notice of Correction by Clerk regarding #29 Request for Refund of Fees Paid Electronically. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw)
September 29, 2020 Filing 30 Please amend the Request for Refund of Fees Paid Electronically regarding duplicate payment in the amount of $300.00. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court website. Refund Request is Due 10/9/2020. (nd)
September 29, 2020 Filing 29 Request for Refund of Fees Paid Electronically regarding Clerk's Review of Pro Hac Vice Motion, Clerk's Review of Pro Hac Vice Motion, Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney D. Angus Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7226862 #4 , Notice of Registration Requirement, . Filed by All Plaintiffs. (Attachments: #1 Attachment Pro Hac Vice charges) (Buchal, James) (Main Document 29 replaced on 9/30/2020) (cw).
September 28, 2020 Filing 28 Corrected Declaration of James L. Buchal . Filed by All Plaintiffs. (Related document(s): Motion to Expedite #12 , Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 28, 2020 Filing 27 Declaration of James L. Buchal . Filed by All Plaintiffs. (Related document(s): Motion to Expedite #12 , Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 28, 2020 Filing 26 Reply to Emergency Motion to Expedite or Accelerate Discovery #10 , Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof #5 . Filed by All Plaintiffs. (Buchal, James)
September 25, 2020 Opinion or Order Filing 25 Scheduling Order by Judge Karin J. Immergut regarding Emergency Motion to Expedite or Accelerate Discovery #10 . Oral Argument is set for 9/30/2020 at 2:00PM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
September 24, 2020 Filing 24 Declaration of Jill Schneider in Support of Objections to Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #23 .) (Schneider, Jill)
September 24, 2020 Filing 23 Response in Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof #5 . Filed by All Defendants. (Schneider, Jill)
September 23, 2020 Filing 21 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Judge Karin J. Immergut. (eo)
September 22, 2020 Filing 20 Response in Opposition to Amended Motion to Expedite or Accelerate Emergency Motion for Discovery #12 . Filed by Brad Kalbaugh, Multnomah County District Attorney's Office, Mike Schmidt. (Schneider, Jill)
September 21, 2020 Filing 22 This filing includes a conventionally filed USB stick. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., Exhibits re Order on Motion - Miscellaneous 18 . Filed by All Plaintiffs. (ecp)
September 21, 2020 Filing 19 Declaration of Aubrey Hoffman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 21, 2020 Opinion or Order Filing 18 ORDER: Granting Plaintiffs' Motion to Conventionally File Video Exhibits (ECF No. #17 ). Ordered on 9/21/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
September 18, 2020 Filing 17 Motion Request to Conventionally File Video Exhibits. Filed by All Plaintiffs. (ecp)
September 17, 2020 Filing 16 MINUTES of Proceedings: Telephonic Scheduling Conference regarding Motion for Temporary Restraining Order #5 , Motion to Expedite #10 , and Motion to Expedite #12 . Defendants' Response to Amended Motion to Expedite Discovery #12 is due 09/22/2020 at 12:00 pm. Defendants' Response to Emergency Motion for Temporary Restraining Order #5 is due 09/24/2020 at 12:00 pm. Plaintiffs' Reply to Defendants' Responses is due 09/28/2020 at 12:00 pm. Oral Argument is set for 10/2/2020 at 01:30PM in Portland by videoconference before Judge Karin J. Immergut. D. Angus Lee and James L. Buchal present as counsel for plaintiff(s). Jill Schneider present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (Related document(s): Motion to Expedite #12 , Motion to Expedite #10 , Motion for Temporary Restraining Order #5 .) (jy) Modified on 9/17/2020 (jy).
September 17, 2020 Opinion or Order Filing 15 Scheduling Order by Judge Karin J. Immergut regarding Amended Motion to Expedite or Accelerate Emergency Motion for Discovery #12 . Telephonic Status Conference is set for 9/17/2020 at 2:00PM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
September 17, 2020 Opinion or Order Filing 14 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #4 by attorney D. Angus Lee. Ordered by Judge Karin J. Immergut. (jy)
September 17, 2020 Opinion or Order Filing 13 ORDER: REFERRING Amended Motion to Expedite or Accelerate Emergency Motion for Discovery #12 to Judge Karin J. Immergut for her review and determination. Ordered by Magistrate Judge Stacie F. Beckerman. (pjg)
September 17, 2020 Filing 12 Amended Motion to Expedite or Accelerate Emergency Motion for Discovery. Expedited Hearing requested. Filed by All Plaintiffs. (Buchal, James)
September 16, 2020 Opinion or Order Filing 11 ORDER: REFERRING Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof #5 and Emergency Motion to Expedite or Accelerate Discovery #10 to Judge Karin J. Immergut for her review and determination. Ordered by Magistrate Judge Stacie F. Beckerman. (pvh)
September 16, 2020 Filing 10 Emergency Motion to Expedite or Accelerate Discovery. Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' First Requests for Production of Documents to Defendants) (Buchal, James)
September 16, 2020 Filing 9 Declaration of Russell Schultz . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 16, 2020 Filing 8 Declaration of Joseph Gibson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 16, 2020 Filing 7 Declaration of D. Angus Lee . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 16, 2020 Filing 6 Declaration of James L. Buchal . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #5 .) (Buchal, James)
September 16, 2020 Filing 5 Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof. Expedited Hearing requested. Filed by All Plaintiffs. (Buchal, James)
September 14, 2020 NOTICE OF REGISTRATION REQUIREMENT. D. Angus Lee is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice #4 .) (ecp)
September 14, 2020 (ENTERED IN ERROR) Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney D. Angus Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7226862 #4 : Reviewed and Ready for Ruling. (ecp) Modified on 9/14/2020 (ecp).
September 14, 2020 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney D.(Derek) Angus Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7226862 #4 : Reviewed and Ready for Ruling. (ecp)
September 11, 2020 Filing 4 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney D. Angus Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7226862. Filed by All Plaintiffs. (Buchal, James)
September 11, 2020 Filing 3 Summons Issued Electronically as to Brad Kalbaugh, Multnomah County District Attorney's Office, Mike Schmidt. 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. (sb)
September 11, 2020 Opinion or Order Filing 2 Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman 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 1/11/2021. Joint Alternate Dispute Resolution Report is due by 2/8/2021. Pretrial Order is due by 2/8/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (sb)
September 11, 2020 Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7224903 Jury Trial Requested: No. Filed by Joseph Gibson, Russell Schultz against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Buchal, James)

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Plaintiff: Russell Schultz
Represented By: James L. Buchal
Represented By: Derek Angus Lee
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Plaintiff: Joseph Gibson
Represented By: James L. Buchal
Represented By: Derek Angus Lee
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Defendant: Mike Schmidt
Represented By: Jill Schneider
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Defendant: Multnomah County District Attorney's Office
Represented By: Jill Schneider
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Defendant: Brad Kalbaugh
Represented By: Jill Schneider
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