Crooker v. City of Portland et al
| Independent Police Review, City of Portland, Commander Jeff Bell, Asst. Chief Jamie Resh, Robert Simon, James Wesley Crooker, Portland Police Bureau, Does 1-5, Jeff Bell and Jami Resch |
| 3:2020cv01961 |
| November 11, 2020 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Youlee Yim You |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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Filing 61
Notice of Settlement Filed by City of Portland. (Attachments: #1 Exhibit) (Milligan, Anne)
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Filing 60
60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (pvh)
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Filing 59
MINUTES of Proceedings: Settlement negotiations held on 8/15/2022 with Magistrate Judge John V. Acosta presiding. The parties have reached a settlement. Andrew Mittendorf, Randy Harvey present as counsel for plaintiff. Anne Milligan, Marc Rodriquez present as counsel for defendants. (pjg)
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Filing 58
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Discovery Hearing held telephonically on 7/19/22 before Judge Youlee Yim You, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/29/2022. Redaction Request due 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (Humiston, Kellie)
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Filing 57
MINUTES of Proceedings: Telephonic Discovery Hearing held on 7/19/2022. The court finds the Rule 30(b)(6) notice to be overly broad. The parties are directed to confer further. Andrew Mittendorf and Randy Harvey present as counsel for plaintiff. Anne Milligan present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh)
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Filing 56
Scheduling Order: SETTING a Telephonic Discovery Hearing for Tuesday, July 19, 2022, at 1:30PM before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 55
MINUTES of Proceedings: Settlement Conference held on 7/5/2022 with Magistrate Judge John V. Acosta presiding. The case did not settle. Andrew Mittendorf, Randy Harvey present as counsel for plaintiff. Anne Milligan, Marc Rodriquez present as counsel for defendants. (pjg)
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Filing 54
Scheduling Order by Judge Acosta: Settlement Conference is SET for Tuesday, July 5, 2022 beginning at 9:00AM in Portland by videoconference before Magistrate Judge John V. Acosta. The Court's videoconference information and settlement conference instructions have been provided to the parties. (pjg)
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Filing 53
ORDER: Stipulated Motion for Extension of Time of Discovery & PTO Deadlines #51 is granted as follows: The deadline to amend pleadings and join parties remains April 15, 2022. Discovery shall be completed by October 26, 2022. Dispositive motions, if any, shall be filed by January 25, 2023. Expert disclosures and reports shall be exchanged no later than 60 days after the Court's ruling on dispositive motions. FURTHER ORDER - RESETTING the December 12, 2022, seven-day jury trial to Monday, June 12, 2023, at 9:00AM in Courtroom 12B before Magistrate Judge Youlee Yim You. No pretrial order, trial briefs, or witness statements are required. (Counsel should note that Monday, June 19, 2023, is a federal holiday). Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 52
Declaration of Andrew T. Mittendorf ISO MOET for Discovery and Pre-Trial Deadlines. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time #51 .) (Harvey, Randy)
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Filing 51
Stipulated Motion for Extension of Time for Discovery and Pre-Trial Deadlines. Filed by All Plaintiffs. (Harvey, Randy)
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Filing 50
MINUTES of Proceedings: Telephonic Rule 16 Conference held on 11/30/2022. Stipulated Motion for Extension of Discovery & PTO Deadlines #44 is granted as follows: The deadline to amend pleadings and join parties is April 15, 2022. Discovery shall be completed by April 29, 2022. Dispositive motions, if any, shall be filed by July 29, 2022. Expert disclosures and reports shall be exchanged no later than 60 days after the Court's ruling on dispositive motions. Expert depositions shall be completed within 30 days thereafter. ORDER - SETTING a seven-day jury trial to begin on Monday, December 12, 2022, at 9:00AM in Courtroom 12B before Magistrate Judge Youlee Yim You. No pretrial order, trial briefs, or witness statements are required. Any discovery matters will be handled on an informal basis. Unless otherwise ordered, in the event a discovery motion is filed, no written response to the motion will be required. Judge You does not require a paper judge's copy pursuant to LR 5-10 for filings that are submitted to her for consideration. Randy J. Harvey and Andrew T. Mittendorf present as counsel for plaintiff. Anne M. Milligan present as counsel for defendants. Court Reporter: None. Magistrate Judge Youlee Yim You presiding. (pvh)
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Filing 49
Scheduling Order: SETTING a Telephonic Rule 16 Conference for Tuesday, November 30, 2021, at 09:00AM before Magistrate Judge Youlee Yim You. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 48
Notice of Case Reassignment: This case has been reassigned from Judge Karin J. Immergut to Magistrate Judge Youlee Yim You. (sss)
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Filing 47
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 46
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 45
Answer to #38 Amended Complaint . Filed by Jeff Bell, City of Portland, Jami Resch. (Rodriguez, Marc)
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Filing 44
Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Milligan, Anne)
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Filing 43
ORDER: Defendant's Unopposed Motion for Extension of Time to Answer Complaint #40 is GRANTED. Defendant's answer or other response to the Complaint is now due 10/22/2021. Ordered by Judge Karin J. Immergut. (jy)
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Filing 42
Notice of Dismissal of Party Robert Simon and Does 1-5. Filed by James Wesley Crooker. (Mittendorf, Andrew)
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Filing 41
Declaration of Anne Milligan . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #40 .) (Milligan, Anne)
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Filing 40
Unopposed Motion for Extension of Time to Answer Complaint. Filed by Jeff Bell, City of Portland, Robert Simon, Jami Resch. (Milligan, Anne)
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Filing 39
Notice of Change of Address Filed by All Plaintiffs. (Harvey, Randy)
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Filing 38
Second Amended Complaint . Filed by James Wesley Crooker against All Defendants. (Mittendorf, Andrew)
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Filing 37
Notice of Attorney Withdrawal: for Angela C. Hajihashemi Filed by James Wesley Crooker. (Hajihashemi, Angela)
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Filing 36
Opinion and Order. Defendants' Motion to Make More Definite the Complaint, ECF #22 , is granted, and Defendants' Motion to Dismiss, ECF #22 , is granted in part and denied in part. See attached order for details. Plaintiff may file an amended complaint curing the deficiencies noted by September 27, 2021. See attached order for details. Signed on 8/26/21 by Judge Karin J. Immergut. (jy)
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Filing 35
Joint Rule 26(f) Report and Discovery Plan . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Milligan, Anne)
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Filing 34
Notice of Association of Attorney Marc Lane Rodriguez,Marc Lane Rodriguez for Jeff Bell,Marc Lane Rodriguez for City of Portland,Marc Lane Rodriguez for Robert Simon,Marc Lane Rodriguez for Jami Resch. Filed by Jeff Bell, City of Portland, Robert Simon, Jami Resch. (Rodriguez, Marc)
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Filing 33
Reply to First Motion for a More Definite Statement Motion to Dismiss #22 . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Milligan, Anne)
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Filing 32
ORDER: Defendants' Unopposed Motion for Extension of Time to File Reply, ECF #31 , is GRANTED. Defendants' Reply in support of their Motion, ECF #22 , is due May 3, 2021. Ordered by Judge Karin J. Immergut. (jy)
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Filing 31
Unopposed Motion for Extension of Time to File a Response/Reply to First Motion for a More Definite Statement Motion to Dismiss #22 . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Milligan, Anne)
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Filing 30
Response to First Motion for a More Definite Statement Motion to Dismiss #22 . Filed by James Wesley Crooker. (Hajihashemi, Angela)
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Filing 29
ORDER: Plaintiff's Unopposed Motion for Extension of Time, ECF #26 , is GRANTED. Plaintiff's Response to Defendants' Motion for More Definite Statement and Motion to Dismiss, ECF #22 , is due April 5, 2021. Ordered by Judge Karin J. Immergut. (jy)
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Filing 28
Notice of Correction by Clerk regarding #27 Declaration, #26 Motion for Extension of Time to File Response/Reply to a Motion. 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)
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Filing 27
Declaration of Randy J. Harvey ISO MF Extension. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #26 .) (Harvey, Randy) (Main Document 27 replaced on 3/11/2021) (cw).
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Filing 26
Unopposed Motion for Extension of Time to File a Response/Reply to First Motion for a More Definite Statement Motion to Dismiss #22 . Filed by All Plaintiffs. (Harvey, Randy) (Main Document 26 replaced on 3/11/2021) (cw).
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Filing 25
ORDER: The Court finds there is good cause to enter the parties' attached Stipulated Protective Order, and therefore, GRANTS the motion, ECF #24 . Signed on 3/4/21 by Judge Karin J. Immergut. (jy)
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Filing 24
Stipulated Motion for Protective Order . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Milligan, Anne)
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Filing 23
Declaration of Anne Milligan . Filed by Jeff Bell, City of Portland, Jami Resch, Robert Simon. (Related document(s): Motion for more definite statement, Motion to Dismiss #22 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Milligan, Anne)
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Filing 22
First Motion for a More Definite Statement , Motion to Dismiss . Filed by Jeff Bell, City of Portland, Robert Simon, Jami Resch. (Milligan, Anne)
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Filing 21
First Amended Complaint . Filed by James Wesley Crooker against All Defendants. (Hajihashemi, Angela)
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Filing 20
Notice of Appearance of Angela Catherine Hajihashemi appearing on behalf of James Wesley Crooker Filed by on behalf of James Wesley Crooker. (Hajihashemi, Angela)
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Filing 19
Notice of Dismissal of Party Independent Police Review and Portland Police Bureau Filed by All Plaintiffs. (Mittendorf, Andrew)
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Filing 18
ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Amended Complaint, ECF #16 , is GRANTED. Plaintiff may file an amended complaint through February 12, 2021. Ordered by Judge Karin J. Immergut. (jy)
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Filing 17
Declaration of Randy J. Harvey ISO Motion for Extension to File Amended Complaint. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time #16 .) (Harvey, Randy)
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Filing 16
Unopposed Motion for Extension of Time to File Amended Complaint. Filed by All Plaintiffs. (Harvey, Randy)
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Filing 15
Notice of Appearance of Andrew Thomas Mittendorf appearing on behalf of James Wesley Crooker Filed by on behalf of James Wesley Crooker. (Mittendorf, Andrew)
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Filing 14
ORDER: Defendants' Unopposed Motion for Extension of Time to File Appearance, ECF #12 , is GRANTED. Defendants' answer or responsive motion to Plaintiff's Complaint is due January 29, 2021. Ordered by Judge Karin J. Immergut. (jy)
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Filing 13
Declaration of Anne Milligan . Filed by Jeff Bell, City of Portland, Independent Police Review, Portland Police Bureau, Jami Resch, Robert Simon. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #12 .) (Milligan, Anne)
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Filing 12
Unopposed Motion for Extension of Time to Answer . Filed by Jeff Bell, City of Portland, Robert Simon, Portland Police Bureau, Independent Police Review, Jami Resch. (Milligan, Anne)
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Filing 11
Waiver of Service of Summons Returned Executed by Jeff Bell waiver sent on 11/12/2020; Robert Simon waiver sent on 11/12/2020; Jami Resch waiver sent on 11/12/2020. Filed by Jeff Bell; Robert Simon; Jami Resch. (Mittendorf, Andrew)
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Filing 10
Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 11/12/2020; Portland Police Bureau waiver sent on 11/12/2020. Filed by City of Portland; Portland Police Bureau. (Mittendorf, Andrew)
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Filing 9
Notice of Attorney Withdrawal: Filed by James Wesley Crooker. (Harvey, Randy)
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Filing 8
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 7
Summons Issued Electronically as to Jeff Bell, City of Portland, Independent Police Review, Portland Police Bureau, Jami Resch, Robert Simon. 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. (Attachments: #1 issued summons Independent Police Review, #2 issued summons Resch, #3 issued summons Bell, #4 issued summons PPB) (ecp)
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Filing 6
Proposed Summons Summons (Attachments: #1 Proposed Summons Summons, #2 Proposed Summons Summons, #3 Proposed Summons Summons, #4 Proposed Summons Summons, #5 Proposed Summons Summons) Filed by James Wesley Crooker. (Harvey, Randy)
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Filing 5
Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-7481209. The request has been granted and the amount of $400.00 will be refunded to Randy J. Harvey Related Doc #4 Request for Refund of Fees Paid Electronically. (nd)
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Filing 4
Request for Refund of Fees Paid Electronically regarding Refund Request Due, 3 . Filed by James Wesley Crooker. (Harvey, Randy)
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Filing 3
A duplicate payment in the amount of $400.00 was submitted by James Wesley Crooker in the above-referenced case. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court website. Refund Request is Due 11/23/2020. (nd)
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Filing 2
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 3/12/2021. Joint Alternate Dispute Resolution Report is due by 4/12/2021. Pretrial Order is due by 4/12/2021. Ordered by Judge Karin J. Immergut. (ecp)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7481313 Jury Trial Requested: Yes. Filed by James Wesley Crooker against All Defendants (Attachments: #1 Civil Cover Sheet). (Harvey, Randy)
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