Labella v. United States of America et al
| Donavan Labella |
| United States of America, John Does 1-10, John Does 2-10 and John Doe 1 |
| 3:2021cv01664 |
| November 17, 2021 |
| US District Court for the District of Oregon |
| Michael W Mosman |
| Personal Injury: Other |
| 28 U.S.C. § 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER: The Telephone Status Conference set for 6/27/2022 at 10:00AM is STRICKEN. Ordered by Judge Michael W. Mosman. (kms)
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Filing 41
Affidavit of Service (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Best, Christopher)
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Filing 40
Affidavit of Service upon John Doe 1 served on 6/8/2022 Filed by All Plaintiffs. (Best, Christopher)
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Filing 39
Scheduling Order by Judge Michael W. Mosman. Telephone Status Conference is set for 6/27/2022 at 10:00AM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 38
Answer to #33 Amended Complaint . Filed by United States of America. (Terrell, Stephen)
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Filing 37
Notice of Appearance of Stephen Terrell appearing on behalf of United States of America. Filed by United States of America. (Terrell, Stephen)
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Filing 36
Summons Issued Electronically as to John Doe 1. 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. Sealed issued summons sent to counsel separately for service. (DOCUMENT FILED UNDER SEAL) (eo)
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Filing 35
First Amended Complaint . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Donavan Labella against John Doe 1. (Best, Christopher)
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Filing 34
Proposed Summons Filed by All Plaintiffs. (Best, Christopher) (Main Document 34 replaced on 4/22/2022) (eo).
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Filing 33
First Amended Complaint . Filed by Donavan Labella against All Defendants. (Best, Christopher)
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Filing 32
ORDER: Plaintiffs Motion for Leave to File Amended Complaint #30 is GRANTED. Plaintiff shall file the proposed amended complaint by 4/21/2022. Additionally, Plaintiffs Motion to Substitute a Party #31 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 31
Motion to Substitute a Party . Filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit) (Best, Christopher)
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Filing 30
Motion for Leave to File Amended Complaint/Petition . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Proposed Document) (Best, Christopher)
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Filing 29
ORDER: In light of the Parties Joint Status Report #28 , the stay in this case is lifted. Moreover, the Court adopts the following deadlines: (1) Plaintiffs counsel will provide counsel for the United States with a proposed amended complaint by close of business on 4/11/2022; (2) Counsel for the United States shall advise Plaintiffs counsel whether it consents to the filing of the amended complaint within one week of receiving it; (3) the United States shall have 21 days from the date Plaintiff files his amended complaint in order to respond to the amended complaint; and (4) the discovery planning conference required by Fed. R. Civ. Pro. 26(f) and LR 26-1(1) shall occur within 30 days after the defendant identified in the original complaint as John Doe 1 responds to the amended complaint. Ordered by Judge Michael W. Mosman. (kms)
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Filing 28
Joint Status Report by United States of America. Filed by United States of America. (Garman, Ashley)
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Filing 27
MINUTES of Proceedings: Settlement Conference held on 3/1/2022 with Magistrate Judge John V. Acosta presiding. The case did not settle, however, the parties continue to discuss a possible settlement. James Healy present as counsel for plaintiff(s). Ashley Garman present as counsel for defendant(s). (pjg)
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Filing 26
STIPULATED ORDER FOR THIRD-PARTY DISCOVERY BEFORE RULE 26(f) CONFERENCE: Motion for Discovery and/or Inspection #25 is GRANTED. Signed on 2/10/2022 by Senior Judge Michael W. Mosman. (pg)
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Filing 25
Joint Motion for Discovery and/or Inspection . Filed by All Plaintiffs. (Attachments: #1 Proposed Order, #2 Attachment) (Best, Christopher)
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Filing 24
STIPULATED PROTECTIVE ORDER: Granting Motion for a Protective Order #23 . Signed on 2/3/2022 by Judge Michael W. Mosman. (kms)
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Filing 23
Joint Motion for Protective Order and Proposed Stipulated Protective Order. Filed by United States of America. (Attachments: #1 Proposed Order) (Garman, Ashley)
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Filing 22
Scheduling Order by Judge Acosta: Settlement Conference is SET for Monday, March 1, 2022 beginning at 9:00AM in Portland by videoconference before Magistrate Judge John V. Acosta. The Court's videoconference information has been provided to the parties by email. (pjg)
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Filing 21
ORDER FOR LIMITED PRE-RULE 26(f) CONFERENCE DISCLOSURE OF IDENTIFICATION INFORMATION AND FACILITATING SERVICE OF JOHN DOE l: It is FURTHER ORDERED that Plaintiff's Motion for Third-Party Discovery Before Rule 26(f) Conference (ECF No. 6) is hereby DENIED as moot, and the oral argument scheduled on that motion for January 27, 2022, at 9:30 a.m. is adjourned sine die. Signed on 1/27/2022 by Judge Michael W. Mosman. (kms)
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Filing 20
ORDER - The Joint Motion for Stay #18 is GRANTED. The parties are ordered to notify the Court of their agreed-upon mediator by February 4, 2022, or file a status report if no mediator is agreed to. The parties are ordered to submit to the Court a joint status report by April 8, 2022, updating the Court on the status of settlement in this case. ORDER - The hearing set for Thursday, January 27, 2022, at 9:30 AM is STRICKEN. ORDER - Motion for Discovery and/or Inspection #6 is DENIED AS MOOT. Ordered by Judge Michael W. Mosman. (pg)
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Filing 19
Joint Motion for Order re: identification and service of John Doe 1 and proposed Order resolving Plaintiff's motion for pre-Rule 26(f) Conference Discovery Motion For Discovery/Inspection #6 . Filed by United States of America. (Attachments: #1 Proposed Order) (Garman, Ashley)
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Filing 18
Joint Motion for Stay . Filed by United States of America. (Garman, Ashley)
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Filing 17
ORDER: Unopposed Motion for an Extension of Time for the United States to Respond to the Complaint #16 is GRANTED. The deadline for the United States to respond to the complaint is extended from January 24, 2022, until January 31, 2022. Ordered by Judge Michael W. Mosman. (kms)
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Filing 16
Unopposed Motion for Extension of Time to Answer or otherwise respond to Complaint, #1 . Filed by United States of America. (Garman, Ashley)
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Filing 15
ORDER: The parties email request to continue the hearing is Granted. Oral Argument set for today, 1/5/2022 at 10:00AM-11:00AM is continued to 1/27/2022 at 09:30AM-10:30AM in Portland by videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 14
Reply to Motion for Discovery and/or Inspection #6 Oral Argument requested. Filed by Donavan Labella. (Healy, James)
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Filing 13
Memorandum in Opposition to Motion for Discovery and/or Inspection #6 . Filed by United States of America. (Garman, Ashley)
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Filing 12
ORDER: Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Discovery and/or Inspection #11 is GRANTED. Oral Argument is continued to from 12/16/2021 at 2pm-3pm to 1/5/2022 at 10:00am-11:00am in Portland by videoconference before Judge Michael W. Mosman. Defendants response is due to the Court by 12/22/2021. Plaintiffs reply is due to the Court by 1/3/2022 by 5:00PM. Ordered by Judge Michael W. Mosman. (kms)
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Filing 11
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Discovery and/or Inspection #6 , Unopposed Motion to Continue December 16, 2021, Oral Argument. Filed by United States of America. (Garman, Ashley)
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Filing 10
Notice of Appearance of Ashley Rebecca Garman appearing on behalf of United States of Americawith Certificate of Service. Filed by United States of America. (Garman, Ashley)
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Filing 9
ORDER: The government is ordered to respond to the Motion for Discovery and/or Inspection #6 by 5:00 PM PST on Wednesday, December 15, 2021. Ordered by Judge Michael W. Mosman. (kms)
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Filing 8
Scheduling Order by Judge Michael W. Mosman regarding Motion for Discovery and/or Inspection #6 . Oral Argument is set for 12/16/2021 at 2:00PM-3:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 7
Declaration of James Healy . Filed by Donavan Labella. (Related document(s): Motion For Discovery/Inspection #6 .) (Attachments: #1 Exhibit) (Healy, James) Modified on 12/16/2021, to correct text (cw).
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Filing 6
Motion for Discovery and/or Inspection . Oral Argument requested.Expedited Hearing requested. Filed by Donavan Labella. (Healy, James)
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Filing 5
Affidavit of Service upon United States of America served on 11/23/2021 Filed by Donavan Labella. (Healy, James)
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Filing 4
Summons Issued Electronically as to United States of 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. (sb)
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Filing 3
Amended Proposed Summons Filed by Donavan Labella. (Healy, James)
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Filing 2
Notice of Case Assignment to Judge Michael W. Mosman 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 3/21/2022. Joint Alternate Dispute Resolution Report is due by 4/18/2022. Pretrial Order is due by 4/18/2022. Ordered by Judge Michael W. Mosman. (sb)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8310772 Jury Trial Requested: Yes. Filed by Donavan Labella against All Defendants (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet). (Healy, James)
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