Johnson v. Brenneke et al
| Guardian Real Estate Services, Lisa Simonson, Kelly Paine, Uptown Tower Apartments, Thomas B Brenneke, Jr and Guardian Management |
| Larry Johnson |
| 3:2021cv00871 |
| June 9, 2021 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Jolie A Russo |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 42
ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff Larry Johnson has provided notice to the Court of serious medical issues. On the Court's own motion, plaintiff shall have an additional 14 days or until 8/16/2021 to respond/reply to the various motions filed by the parties. Defendants will have until 8/30/2021 to file any remaining replies to the various motions filed by the parties. All pending motions will be taken under advisement as of 9/7/2021. No further extensions will be granted unless sufficient good cause is shown. Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (Deposited in outgoing mail to pro se party on 8/2/21.) (gm)
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Filing 41
ORDER: Motion for Preliminary Injunction #5 is DENIED. See attached Order for further details. Signed on 7/22/21 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/22/21.) (jy)
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| Filing 39 Declaration of Sean McKean in Support of Motion for Vexatious Litigant Order. Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments. (Related document(s): Motion - Miscellaneous, (51 in 3:21-cv-00685-JR, 53 in 3:21-cv-00582-JR, 38 in 3:21-cv-00871-JR).) (Attachments: #1 Exhibit Exhibit A)Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 38 Motion for Vexatious Litigant Order. Oral Argument requested. Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 40 Amended Complaint. Filed by Larry Johnson against Thomas B Brenneke, Jr, Guardian Real Estate Services, Guardian Management, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (ecp) Modified on 7/20/2021 to add text defendant(ecp). |
| Filing 37 Response in Opposition to Motion for Declaratory Judgment(38 in 3:21-cv-00582-JR, 37 in 3:21-cv-00685-JR, 38 in 3:21-cv-00582-JR, 37 in 3:21-cv-00685-JR), Motion for Declaratory Judgment(19 in 3:21-cv-00871-JR, 19 in 3:21-cv-00871-JR). Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 36 Cross Motion for Summary Judgment . Oral Argument requested. Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 35 Declaration of Thomas Brenneke . Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (Related document(s): Response in Opposition to Motion, (47 in 3:21-cv-00582-JR, 33 in 3:21-cv-00871-JR, 46 in 3:21-cv-00685-JR).)Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 34 Declaration of Kelly Paine . Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (Related document(s): Response in Opposition to Motion, (47 in 3:21-cv-00582-JR, 33 in 3:21-cv-00871-JR, 46 in 3:21-cv-00685-JR).)Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 33 Response in Opposition to Motion for Partial Summary Judgment(35 in 3:21-cv-00582-JR, 34 in 3:21-cv-00685-JR, 35 in 3:21-cv-00582-JR, 34 in 3:21-cv-00685-JR). Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 32 Return of Service Executed as to Thomas B Brenneke, Jr served on 7/10/2021, answer due on 8/2/2021. (ecp) |
| Filing 31 Return of Service Executed as to Uptown Tower Apartments served on 7/10/2021, answer due on 8/2/2021. (ecp) |
| Filing 30 Return of Service Executed as to Kelly Paine served on 7/10/2021, answer due on 8/2/2021. (ecp) |
| Filing 29 Return of Service Executed as to Guardian Real Estate Services served on 7/10/2021, answer due on 8/2/2021. (ecp) |
| Filing 28 Return of Service Executed as to Guardian Management served on 7/10/2021, answer due on 8/2/2021. (ecp) |
| Filing 27 Return of Service Executed as to Lisa Simonson served on 7/11/2021, answer due on 8/2/2021. (ecp) |
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Filing 26
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services, Uptown Tower Apartments, Lisa Simonson and Kelly Paine's Motion to Withdraw (45 in 3:21-cv-00582-JR, 44 in 3:21-cv-00685-JR, 25 in 3:21-cv-00871-JR). Defendants' Motion for Vexatious Litigant Order (43 in 3:21-cv-00582-JR, 42 in 3:21-cv-00685-JR, 23 in 3:21-cv-00871-JR) is Withdrawn. (Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR) (Deposited in outgoing mail to pro se party on 7/13/21.) (gm)
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| Filing 25 Motion to Withdraw Motion for Order, (23 in 3:21-cv-00871-JR, 42 in 3:21-cv-00685-JR, 43 in 3:21-cv-00582-JR). Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 24 Declaration of Sean D. McKean . Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments. (Related document(s): Motion for Order, (23 in 3:21-cv-00871-JR, 42 in 3:21-cv-00685-JR, 43 in 3:21-cv-00582-JR).)Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) |
| Filing 23 ***WITHDRAWN*** Motion for Order . Filed by Thomas Brenneke, Guardian Management LLC, Guardian Real Estate Services LLC, Kelly Paine, Lisa Simonson, Uptown Tower Apartments, Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Lisa Simonson, Uptown Tower Apartments.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (McKean, Sean) Modified on 7/13/2021. (gm) |
| Filing 22 Motion for Entry of Default. Filed by Larry Johnson.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (joha) |
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Filing 20
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion to Consolidate #17 . This case is deemed the Trailing case and is consolidated with case 3:21-cv-00582-JR; Johnson v. Brenneke. Counsel and parties shall adhere to Local Rule 42-4 "Document Caption Requirements After Consolidation" when submitting future pleadings in this matter. (Deposited in outgoing mail to pro se party on 7/12/21.) (gm)
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| Filing 21 Motion for Entry of Default. Filed by Larry Johnson.Associated Cases: 3:21-cv-00582-JR, 3:21-cv-00685-JR, 3:21-cv-00871-JR (joha) |
| Filing 19 Motion for Declaratory Judgment. (Titled by filer as " FRCP 57 Motion For Declaratory Relief as to the Pleading Difference of HUD 24 CFR 100.600 Harassment Violations and HUD Reasonable Accommodation Violations") Filed pro se by Larry D. Johnson. (sss) |
| Filing 18 Supplement (Titled as Addendum to Preliminary Injuction). Filed by Larry Johnson. (Related document(s): Motion for Preliminary Injunction #5 .) (ecp) |
| Filing 17 Motion to Consolidate . Filed by All Defendants. (McKean, Sean) |
| Filing 16 Clerk's Notice of Mailing to Larry Johnson regarding Summons Issued #15 . (ecp) |
| Filing 15 Summons Issued as to All Defendants. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (ecp) |
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Filing 14
Notice of Case Assignment to Magistrate Judge Jolie A. Russo 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 11/1/2021. Joint Alternate Dispute Resolution Report is due by 11/29/2021. Pretrial Order is due by 11/29/2021. Ordered by Magistrate Judge Jolie A. Russo. (Deposited in outgoing mail to pro se party on 7/2/2021.) (ecp)
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Filing 13
ORDER: Granting Plaintiff's Application/Motion for Leave to Proceed in Forma Pauperis #4 . Signed on 7/1/21 by Magistrate Judge Jolie A. Russo. (Deposited in outgoing mail to pro se party on 7/1/21.) (gm)
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| Filing 12 Answer to #1 Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 , Counterclaim Larry Johnson. Filed by Kelly Paine, Lisa Simonson, Guardian Management, Guardian Real Estate Services, Thomas B Brenneke, Jr, Uptown Tower Apartments. (McKean, Sean) |
| Filing 11 Notice titled "HUD Citations and Authorities". Filed by Larry Johnson. (joha) |
| Filing 10 Legal Memorandum and Declaration. Filed by Larry Johnson. (joha) |
| Filing 9 Declaration of Lisa Simonson . Filed by Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (Related document(s): Response to Motion #8 .) (Attachments: #1 Exhibit June 9, 2021 Letter, #2 Exhibit June 21, 2021 Letter) (McKean, Sean) |
| Filing 8 Response to Motion for Preliminary Injunction #5 . Filed by Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (McKean, Sean) |
| Filing 7 Notice of Appearance of Sean Douglas McKean appearing on behalf of Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. Filed by Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (McKean, Sean) |
| Filing 6 Notice of Appearance of Christopher J. Drotzmann appearing on behalf of Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. Filed by Thomas B Brenneke, Jr, Guardian Management, Guardian Real Estate Services, Kelly Paine, Lisa Simonson, Uptown Tower Apartments. (Drotzmann, Christopher) |
| Filing 3 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Magistrate Judge Jolie A. Russo. (Deposited in outgoing mail to pro se party on 6/14/2021.) (sss) |
| Filing 5 Motion for Preliminary Injunction. Filed by Larry Johnson. (ecp) |
| Filing 4 Application for Leave to Proceed IFP. Filed by Larry Johnson. (ecp) Modified on 6/14/2021 to correct file date(ecp). |
| Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 6/10/2021.) (ecp) |
| Filing 1 Complaint. Jury Trial Requested: No. Filed by Larry Johnson against All Defendants (Attachments: #1 Civil Cover Sheet). (ecp) |
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