Orr v. Bruns et al
| Jacqueline Marie Orr |
| Edward Rose, Pete Bruns, Doug Sheppard, Bob Adams, Marsha McCorkhill, Jess Ortiz, Steven King, E. Becker, Essex Houston, Steven Hong, Amanda Rasmussen, Michael Buxman, Laura Onstott, Justin Wylie, Nick Hazepis, Derek McCorkhill, Kenny Pohlschneider, Demarquis Donald, James Taylor, Curtis Gibson, Colleen Miller, Forrest Lyons and Ramiro Yanez |
| 3:2020cv02201 |
| December 17, 2020 |
| U.S. District Court for the District of Oregon |
| John V Acosta |
| Jeffrey Armistead |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 64 Notice of Attorney Substitution: R. Brendan Dummigan is substituted as counsel of record in place of Attorney Kristen West McCall . Filed by on behalf of Jacqueline Marie Orr. (Dummigan, R.) |
Filing 63
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #61 . The deadlines are extended as follows: (1) Discovery is to be completed by 3/7/2023. (2) Dispositive Motions are due by 4/5/2023. (3) Expert disclosures are due by 5/6/2023. (4) Rebuttal Expert Disclosures are due by 6/5/2023. (5) Expert Discovery to be completed by 8/7/2023. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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| Filing 62 Declaration of Aaron D. Kelley In Support of Unopposed Motion for Extension of Time. Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Related document(s): Motion for Extension of Discovery & PTO Deadlines, #61 .) (Kelley, Aaron) |
| Filing 61 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Kelley, Aaron) |
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Filing 60
ORDER: Granting Unopposed Motion for Extension of Discovery & PTO Deadlines #58 . The deadlines are extended as follows: (1) Discovery is to be completed by 1/6/2023. (2) Dispositive Motions are due by 2/6/2023. (3) Expert disclosures are due on 3/7/2023. (4) Rebuttal expert disclosures are due on 4/4/2023. (4) Expert Discovery to be completed by 6/6/2023. Ordered by Magistrate Judge Jeffrey Armistead. (dsg)
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| Filing 59 Declaration of Aaron D. Kelley In Support of Unopposed Motion for Extension of Time. Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Related document(s): Motion for Extension of Discovery & PTO Deadlines, #58 .) (Kelley, Aaron) |
| Filing 58 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Kelley, Aaron) |
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Filing 57
ORDER: Granting Unopposed Motion for Extension of Discovery & PTO Deadlines #55 . The deadlines are extended as follows: (1) Discovery is to be completed by 11/7/2022. (2) Dispositive Motions are due by 12/6/2022. (3) Expert disclosures are due on 1/6/2023. (4) Rebuttal expert disclosures are due on 2/5/2023. (4) Expert Discovery to be completed by 4/7/2023. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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| Filing 56 Notice of Association of Attorney of Aaron D Kelley, Robert E. Sullivan appearing on behalf of Amanda Rasmussen, Justin Wylie, Kenny Pohlschneider, Demarquis Donald, Marsha McCorkhill, Derek McCorkhill, Essex Houston, E. Becker, Jess Ortiz, Ramiro Yanez, Michael Buxman, Curtis Gibson, Laura Onstott, Pete Bruns, Nick Hazepis, Steven Hong, Steven King, Colleen Miller, Forrest Lyons, Bob Adams . Filed by on behalf of Amanda Rasmussen, Justin Wylie, Kenny Pohlschneider, Demarquis Donald, Marsha McCorkhill, Derek McCorkhill, Essex Houston, E. Becker, Jess Ortiz, Ramiro Yanez, Michael Buxman, Curtis Gibson, Laura Onstott, Pete Bruns, Nick Hazepis, Steven Hong, Steven King, Colleen Miller, Forrest Lyons, Bob Adams. (Kelley, Aaron) |
| Filing 55 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Kelley, Aaron) |
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Filing 54
ORDER by Judge Armistead: Granting Unopposed Motion for Extension of Time #52 . Deadline for Discovery to be completed is extended to 9/8/2022. (pjg)
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| Filing 53 Declaration of Kristen McCall In Support of Motion to Extend Discovery Deadlines. Filed by All Plaintiffs. (McCall, Kristen) |
| Filing 52 Unopposed Motion for Extension of Time , Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (McCall, Kristen) |
| Filing 51 Notice of Attorney Substitution: Aaron D Kelley is substituted as counsel of record in place of Attorney Elleanor H. Chin . Filed by Bob Adams, E. Becker, Pete Bruns, Michael Buxman, Demarquis Donald, Curtis Gibson, Nick Hazepis, Steven Hong, Essex Houston, Steven King, Forrest Lyons, Derek McCorkhill, Marsha McCorkhill, Colleen Miller, Laura Onstott, Jess Ortiz, Kenny Pohlschneider, Amanda Rasmussen, Justin Wylie, Ramiro Yanez. (Kelley, Aaron) |
| Filing 50 Answer to #40 Amended Complaint, with Jury Demand . Filed by Forrest Lyons. (Chin, Elleanor) |
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Filing 49
Order: Defendant Doug Sheppard having been dismissed from this action on 12/29/2021, the Clerk is directed to modify the caption of the case to Orr v. Bruns, et al. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 48
Order of Dismissal as to James Taylor: Pursuant to plaintiff's oral motion (via email date 4/20/2022), Defendant James Taylor is dismissed from this action. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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| Filing 47 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Magistrate Judge Jeffrey J. Armistead. (cw) |
| Filing 46 Summons Issued Electronically as to Forrest Lyons. 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. (joha) |
| Filing 45 Proposed Summons of Forrest Lyons Filed by All Plaintiffs. (McCall, Kristen) |
| Filing 44 Answer to #40 Amended Complaint, with Jury Demand . Filed by Amanda Rasmussen, Justin Wylie, Kenny Pohlschneider, Demarquis Donald, Marsha McCorkhill, Derek McCorkhill, Essex Houston, E. Becker, Jess Ortiz, Ramiro Yanez, Michael Buxman, Curtis Gibson, Laura Onstott, Pete Bruns, Nick Hazepis, Steven Hong, Steven King, Colleen Miller, Bob Adams. (Chin, Elleanor) |
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Filing 43
ORDER by Judge Acosta: GRANTING Motion for Extension of Time to Answer #41 . Answer is due by 2/1/2022. (pjg)
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| Filing 42 Declaration of Elleanor H. Chin in Support of Defendants' Unopposed Motion for Extension of Time to Answer Plaintiff's First Amended Complaint. Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #41 .) (Chin, Elleanor) |
| Filing 41 Motion for Extension of Time to Answer Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint. Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Chin, Elleanor) |
| Filing 40 First Amended Complaint . Filed by Jacqueline Marie Orr against Pete Bruns, Bob Adams, Marsha McCorkhill, Jess Ortiz, Steven King, E. Becker, Essex Houston, Steven Hong, Amanda Rasmussen, Michael Buxman, Laura Onstott, Justin Wylie, Nick Hazepis, Derek McCorkhill, Kenny Pohlschneider, Demarquis Donald, James Taylor, Curtis Gibson, Colleen Miller, Forrest Lyons, Ramiro Yanez. (McCall, Kristen) |
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Filing 39
ORDER by Judge Acosta: GRANTING Motion for Extension of Time #36 . The Court extends the deadlines as follows: (1) Discovery is to be completed by 8/8/2022. (2) Dispositive Motions are due by 10/7/2022. (3) Expert disclosure deadline will be 30 days after ruling on any dispositive motions, or 11/7/2022, if no dispositive motions are filed. (4) Rebuttal disclosures are due by 12/7/2022. (5) Expert Discovery to be completed by 2/6/2023. (dsg)
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Filing 38
ORDER by Judge Acosta: Granting Unopposed Motion for Leave to File Amended Complaint #34 . Ordered by Magistrate Judge John V. Acosta. (dsg)
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| Filing 37 Declaration of Kristen McCall In Support of Unopposed Motion to Extend Discovery Deadlines. Filed by Jacqueline Marie Orr. (Related document(s): Motion for Extension of Time #36 .) (McCall, Kristen) |
| Filing 36 Unopposed Motion for Extension of Time . Filed by Jacqueline Marie Orr. (McCall, Kristen) |
| Filing 35 Declaration of Kristen McCall In Support of Motion for Leave to File First Amended Complaint. Filed by Jacqueline Marie Orr. (Related document(s): Motion for Leave to File Amended Complaint/Petition #34 .) (McCall, Kristen) |
| Filing 34 Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Jacqueline Marie Orr. (Attachments: #1 Exhibit Exhibit 1 - First Amended Complaint) (McCall, Kristen) |
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Filing 33
ORDER by Judge Acosta: GRANTING Motion for Extension of Time #31 . The Court extends the deadlines as follows: (1) Discovery is to be completed by 2/7/2022. (2) Dispositive Motions are due by 4/8/2022. (3) Expert disclosure deadline will be 30 days after ruling on any dispositive motions, or 5/6/2022, if no dispositive motions are filed. (4) Rebuttal disclosures are due by 6/10/2022. (5) Expert Discovery to be completed by 8/12/2022. (pjg)
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| Filing 32 Declaration of Elleanor Chin In Support of Unopposed Motion for Extension of Time. Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Related document(s): Motion for Extension of Time #31 .) (Chin, Elleanor) |
| Filing 31 Motion for Extension of Time (Titled: "Unopposed Motion for Extension of Time"). Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Chin, Elleanor) |
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Filing 30
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order for Remand #29 . A Clerical error has been discovered in the case record: The document was filed in the incorrect case. The following corrections were made to the record: The clerk has stricken the entry. (pjg)
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| Filing 29 STRICKEN ORDER FOR REMAND: Based on the parties' stipulation, this case is remanded to the Commissioner of Social Security for administrative proceedings under sentence four of 42 U.S.C. 405(g). On remand, the Administrative Law Judge will conduct a new hearing, further develop the record as needed, and issue a new decision; reevaluate and further develop the medical opinions of record, as needed; reevaluate steps two and three of the sequential evaluation; reevaluate the claimant's subjective complaints; reevaluate the claimant's residual functional capacity; and reevaluate steps four and five of the sequential evaluation process with the assistance of a vocational expert, as necessary. Upon proper presentation, the claimant may seek attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. 2412, et seq. IT IS SO ORDERED this 15th day of November, 2021 by United States Magistrate Judge John V. Acosta. (pjg) Modified on 11/16/2021 (pjg). |
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Filing 28
ORDER by Judge Acosta -- The court has reviewed defendants' motion (ECF No. 22) for protective order regarding plaintiff's request to depose Amanda van Arcken, which motion went under advisement on November 5, 2021. Plaintiff filed no opposition, the deadline for which passed on October 29, 2021. Based on the information contained in the motion, the court finds that the deposition of van Arcken is not proportional to the needs of the case. Accordingly, the court GRANTS the motion for protective order. (pjg)
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| Filing 27 Notice of Attorney Substitution: Elleanor H. Chin is substituted as counsel of record in place of Attorney Katherine Beck . Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Chin, Elleanor) |
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Filing 26
Scheduling Order by Judge Acosta: Motion for Protective Order #22 is taken under advisement as of 11/5/2021. (pjg)
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| Filing 25 Declaration of Amanda van Arcken in Support of Motion for Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #22 .) (Beck, Katherine) |
| Filing 24 Declaration of Kerri Taylor in Support of Motion for Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #22 .) (Beck, Katherine) |
| Filing 23 Declaration of Kate Beck in Support of Motion for Protective Order. Filed by All Defendants. (Related document(s): Motion for Protective Order #22 .) (Beck, Katherine) |
| Filing 22 Motion for Protective Order . Filed by All Defendants. (Beck, Katherine) |
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Filing 21
ORDER by Judge Acosta: GRANTING motion for extension of time #19 . The Court extends the deadlines as follows: (1) Discovery Deadline is extended to December 6, 2021; (2) Dispositive Motion Deadline is extended to February 4, 2022; (3) Expert Disclosure Deadline is extended to 30 days after a ruling on any dispositive motions; if no dispositive motions are filed, then March 4, 2022. (4) Rebuttal Disclosure Deadline is extended to April 15, 2022; (5) Expert Discovery Deadline is extended to June 17, 2022. (pjg)
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| Filing 20 Declaration of Kate Beck In Support of Motion For Extension of Time. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #19 .) (Beck, Katherine) |
| Filing 19 Motion For Extension of Time. Filed by All Defendants. (Beck, Katherine) |
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Filing 18
ORDER by Judge Acosta: Granting Motion for Extension of Discovery & PTO Deadlines #16 . Deadline for Discovery to be completed is extended to 9/7/2021. (pjg)
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| Filing 17 Declaration of Kate Beck in Support of Defendants' Motion for Extension of Time. Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #16 .) (Beck, Katherine) |
| Filing 16 Motion for Extension of Discovery & PTO Deadlines . Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Beck, Katherine) |
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Filing 15
Order by Judge Acosta: The Court acknowledges receipt of the parties' Joint Status Report #14 and enters the revised deadlines as follows: (1) Discovery is to be completed by 7/9/2021. (2) Dispositive Motions are due by 9/7/2021. (3) Expert disclosures are to be provided 30 days after ruling on any dispositive motions. If none are filed, then by 10/6/2021. (4) Rebuttal expert disclosures are to be provided by 11/19/2021. (5) Expert Discovery to be completed by 1/19/2022. (pjg)
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| Filing 14 Joint Status Report . Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Beck, Katherine) |
| Filing 13 Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Pete Bruns, Edward Rose, Doug Sheppard. (Attachments: #1 Attachment 1) (Beck, Katherine) |
| Filing 12 MINUTES of Proceedings: Rule 16 Conference held on 3/16/2021 by telephone with Magistrate Judge John V. Acosta presiding. The Court sets the following deadlines: (1) Discovery is to be completed by 7/9/2021. (2) Dispositive Motions are due by 9/7/2021. (Date proposed is a Court holiday.) (3) Expert disclosures are to be provided 30 days after ruling on any dispositive motions. If none are filed, then by 10/6/2021. (4) Expert Discovery to be completed by 11/19/2021. (5) Parties are to discuss their preference of simultaneous disclosures followed by depositions or rebuttal reports and submit a Joint Status Report by 3/23/2021. Kristen McCall present as counsel for plaintiff. Katherine Beck present as counsel for defendants. (Court Reporter: None) (pjg) |
| Filing 11 STIPULATED PROTECTIVE ORDER signed on 2/16/2021 by United States Magistrate Judge John V. Acosta. (pjg) |
| Filing 10 Stipulation (Stipulated Protective Order) by All Defendants. Filed by All Defendants. (Beck, Katherine) |
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Filing 9
Scheduling Order by Judge Acosta: Telephone Rule 16 Conference is SET for Tuesday, March 16, 2021 at 11:00 AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided to the parties by separate sealed entry. (pjg)
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| Filing 8 Answer to #1 Complaint with Jury Demand And Affirmative Defenses. Filed by Edward Rose, Pete Bruns, Doug Sheppard. (Beck, Katherine) |
| Filing 7 NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party or parties wish to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the Court's website (https://ord.uscourts.gov/civil-forms), and may be filed electronically under the Civil Event "Other Filings/Consents," or sent via mail or hand delivered to the Clerk's Office. Consent is not required, there are no adverse consequences from declining to consent, and parties may consent at any time during the case. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see https://ord.uscourts.gov/consent. (pjg) |
| Filing 6 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 5 Waiver of Service of Summons Returned Executed Filed by Edward Rose. (Beck, Katherine) |
| Filing 4 Waiver of Service of Summons Returned Executed Filed by Pete Bruns. (Beck, Katherine) |
| Filing 3 Waiver of Service of Summons Returned Executed Filed by Doug Sheppard. (Beck, Katherine) |
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Filing 2
Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/19/2021. Joint Alternate Dispute Resolution Report is due by 5/17/2021. Pretrial Order is due by 5/17/2021. Ordered by Magistrate Judge John V. Acosta. (ecp)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-7651461 Jury Trial Requested: Yes. Filed by Jacqueline Marie Orr against All Defendants (Attachments: #1 Civil Cover Sheet). (McCall, Kristen) |
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