D.W. v. Fresenius Medical Care North America
| D. W. |
| Fresenius Medical Care North America |
| 3:2021cv00571 |
| April 16, 2021 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. ยง 12111 |
| None |
Docket Report
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Filing 23
Scheduling Order - At the parties' joint request, the Preliminary Injunction Hearing set for May 20, 2021 at 11:00 a.m. is STRICKEN, and may be set at a later date if needed. Ordered by Judge Michael H. Simon. (mja)
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Filing 22
ORDER - By stipulation of the parties, the Temporary Restraining Order is continued through May 20, 2021. The hearing set for May 4, 2021 is STRICKEN. The Court sets a Preliminary Injunction Hearing for May 20, 2021 at 11:00 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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Filing 21
Opinion and Order - Because the Court finds that D.W. has shown a likelihood of success on the merits, a likelihood of irreparable harm absent a TRO, and that the balance of the equities and the public interest favor granting a TRO, the Court GRANTS D.W.'s Motion for Temporary Restraining Order (ECF #2 ) as stated in the attached Opinion and Order. Signed on 4/20/2021 by Judge Michael H. Simon. (mja)
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Filing 20
ORDER - Defendant's Unopposed Motion to File Under Seal (ECF 15 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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| Filing 19 MINUTES OF ORAL ARGUMENT HEARING: ORDER - As stated on the record, Plaintiff's motion for a temporary restraining order (ECF #2 ) is GRANTED. Opinion and order to follow. The Court sets a further hearing for extension of the temporary restraining order for 5/4/2021 at 09:30AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Thomas Stenson and Emily Cooper present as counsel for Plaintiff. Alexander A. Wheatley present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 18 Reply to Motion for Temporary Restraining Order #2 . Filed by All Plaintiffs. (Stenson, Thomas) |
| Filing 17 Declaration of Alexander A. Wheatley . Filed by All Defendants. (Related document(s): Response in Opposition to Motion #16 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Wheatley, Alexander) |
| Filing 16 Response in Opposition to Motion for Temporary Restraining Order #2 . Filed by All Defendants. (Wheatley, Alexander) |
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Filing 14
Scheduling Order - The Court sets a briefing schedule regarding Plaintiff's Motion for Temporary Restraining (ECF #2 ) as follows: Defendant's response is due by 1:00 p.m. on Monday, April 19, 2021. Plaintiff's reply is due by 5:00 p.m. on Monday, April 19, 2021. Oral Argument is set for Tuesday, April 20, 2021 at 9:30 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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| Filing 13 Declaration of Thomas Stenson . Filed by D. W.. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Proposed Sealed Document SEALED EXHIBIT 9) (Stenson, Thomas) |
| Filing 10 Declaration of Thomas Stenson . Filed by D. W.. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Proposed Sealed Document SEALED EXHIBIT 5) (Stenson, Thomas) |
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Filing 9
ORDER - Plaintiff's Motion to Proceed Pseudonymously (ECF #7 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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| Filing 7 Motion to Proceed Pseudonymously. Filed by D. W.. (Stenson, Thomas) |
| Filing 5 Summons Issued Electronically as to Fresenius Medical Car North America. 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 4
Notice of Case Assignment to Judge Michael H. Simon 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 8/16/2021. Joint Alternate Dispute Resolution Report is due by 9/13/2021. Pretrial Order is due by 9/13/2021. Ordered by Judge Michael H. Simon. (ecp)
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| Filing 3 Declaration of Thomas Stenson . Filed by D. W.. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5 (sealed), #6 Exhibit Exhibit 6 (sealed), #7 Exhibit Exhibit 7 (sealed), #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9 (sealed)) (Stenson, Thomas) |
| Filing 2 Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by D. W.. (Stenson, Thomas) |
| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8043103 Jury Trial Requested: No. Filed by D. W. against Fresenius Medical Car North America (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Stenson, Thomas) |
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| Defendant: Fresenius Medical Care North America | |
| Represented By: | Alexander A. Wheatley |
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| Plaintiff: D. W. | |
| Represented By: | Thomas Stenson |
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