Reyna v. City of Portland
| Liani Reyna |
| City of Portland |
| 3:2021cv01839 |
| December 18, 2021 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Civil Rights: Employment |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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Filing 40
Reply to Plaintiff's Response to Motion to Dismiss for Lack of Jurisdiction (Defendant City of Portland's Motion to Dismiss Plaintiff's SAC with prejudice) #33 Oral Argument requested. Filed by City of Portland. (Attachments: #1 Attachment Supplemental Declaration of Trung D. Tu) (Tu, Trung)
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Filing 39
Response in Opposition to Defendant City of Portland's Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice to Motion to Dismiss for Lack of Jurisdiction (Defendant City of Portland's Motion to Dismiss Plaintiff's SAC with prejudice) #33 . Filed by Liani Reyna. (Gideon, Jameson)
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Filing 38
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME: Plaintiff's Unopposed Motion for Extension of Time to file a Response/Reply In Opposition to Motion to Dismiss for Lack of Jurisdiction, ECF #36 , is GRANTED for good cause. Plaintiff's response to Defendant's Motion to Dismiss, ECF #33 , is now due 6/12/2023. Ordered by Judge Karin J. Immergut on 5/24/2023. (joha)
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Filing 37
Declaration of Jameson E. Gideon In Support of Plaintiff's Unopposed MOET to Respond to Defendant City of Portland's Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice. Filed by Liani Reyna. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #36 .) (Gideon, Jameson)
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Filing 36
Unopposed Motion for Extension of Time to File a Response/Reply In Opposition to Motion to Dismiss for Lack of Jurisdiction (Defendant City of Portland's Motion to Dismiss Plaintiff's SAC with prejudice) #33 . Filed by Liani Reyna. (Gideon, Jameson)
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Filing 35
ORDER GRANTING MOTION FOR EXTENSION OF TIME: This Court is in receipt of Defendant City of Portland's Motion for Extension of Time. ECF #34 . In the motion, Defendant requests a one-day extension or an order from this Court accepting Defendant's untimely filing. Defendant's response to Plaintiff's Second Amended Complaint was due 5/11/2023. See ECF 32 . However, Defendant filed its Motion to Dismiss, ECF #33 , on 5/12/2023. This Court has reviewed the declaration of defense counsel, Trung D. Tu, in which counsel explains that he encountered technical issues uploading the Motion to Dismiss to the CM/ECF system. ECF [34-1]. Counsel represents that, but for these technical issues, the Motion to Dismiss would have been timely filed. Plaintiff opposes Defendant's Motion for Extension of Time. Based on counsel's representations, Defendant's Motion for Extension of Time, ECF #34 , is GRANTED for good cause, and this Court accepts Defendant's untimely filed Motion to Dismiss. Ordered by Judge Karin J. Immergut on 5/15/2023. (jy)
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Filing 34
Motion for Extension of Time . Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 33
Motion to Dismiss for Lack of Jurisdiction (Defendant City of Portland's Motion to Dismiss Plaintiff's SAC with prejudice). Oral Argument requested. Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu and Exhibits) (Tu, Trung)
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Filing 32
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME: Defendant City of Portland's Unopposed Motion for Extension of Time to file Response to Plaintiff's Second Amended Complaint, ECF #31 , is GRANTED for good cause. Defendant City of Portland's response to Plaintiff's Second Amended Complaint, ECF #28 , is now due 5/11/2023. Ordered by Judge Karin J. Immergut on 5/2/2023. (jy)
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Filing 31
Unopposed Motion for Extension of Time to file Response to Plaintiff's Second Amended Complaint. Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 30
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME: Defendant's Unopposed Motion for Extension of Time to file Response to Plaintiff's Second Amended Complaint, ECF #29 , is GRANTED for good cause. Defendant's response to Plaintiff's Second Amended Complaint, ECF #28 , is now due 4/27/2023. Ordered by Judge Karin J. Immergut on 3/24/2023. (jy)
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Filing 29
Unopposed Motion for Extension of Time to file Response to Plaintiff's Second Amended Complaint. Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 28
Second Amended Complaint . Filed by Liani Reyna against City of Portland. (Gideon, Jameson)
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Filing 27
ORDER GRANTING MOTION FOR A MORE DEFINITE STATEMENT: This Court has reviewed Defendant's Motion to Dismiss for Failure to State a Claim or for a More Definite Statement, ECF #20 , as well as Plaintiff's Response, #24 , and Defendant's Reply, ECF #25 . Plaintiff concedes that Counts One and Two of her First Claim for Relief, Counts One and Two of her Second Claim for Relief, and her Seventh Claim for Relief are barred by the statute of limitations and seeks this Court's permission to amend and remove those claims. Plaintiff's request to amend is GRANTED. This Court also agrees with Defendant that, overall, Plaintiff's First Amended Complaint, ECF #15 , is not sufficiently definite and certain and consequently fails to comply with Fed. R. Civ. P. 8(a)(2). Accordingly, Defendant's Motion for a More Definite Statement, ECF #20 , is GRANTED. This Court urges Plaintiff to adopt some of Defendant's recommendations and to state with greater specificity the basis for each claim for relief and to make clear which factual allegations form the basis for which claims. This Court also notes that the 46-page First Amended Complaint seems to contain at least some extraneous information that is not pertinent to Plaintiff's claims -- or will no longer be pertinent due to Plaintiff's removal of 5 claims -- and encourages Plaintiff to shorten the Second Amended Complaint. Plaintiff's Second Amended Complaint is due 3/16/2023; Defendant's Response is due within 21 days of service of Plaintiff's Second Amended Complaint. Finally, this Court understands that there have been issues in this case with respect to conferral. SeeECF #25 at 2; ECF [25-2]. This Court reminds counsel that it expects all parties to engage in full conferral with respect to motions in this case. Ordered by Judge Karin J. Immergut on 3/1/2023. (jy)
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Filing 26
Notice of Attorney Substitution: Patrick Gerard Conroy is substituted as counsel of record in place of Attorney Andrew Thomas Mittendorf . Filed by on behalf of Liani Reyna. (Conroy, Patrick)
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Filing 25
Reply to Plaintiff's Response to Motion to Dismiss for Failure to State a Claim or for a More Definite Statement as to Plaintiff's First Amended Complaint #20 Oral Argument requested. Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 24
Response in Opposition to Motion to Dismiss for Failure to State a Claim or for a More Definite Statement as to Plaintiff's First Amended Complaint #20 . Filed by Liani Reyna. (Gideon, Jameson)
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Filing 23
ORDER: Plaintiff's Unopposed Motion for Extension of Time, ECF #21 , is GRANTED for good cause. Plaintiff's response to Defendant's Motion to Dismiss, ECF #20 , is now due 11/21/2022. Ordered by Judge Karin J. Immergut on 10/19/2022. (jy)
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Filing 22
Declaration of Jameson E. Gideon In Support of Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss for Failure to State a Claim or for a More Definite Statement as to Plaintiff's First Amended Complaint. Filed by Liani Reyna. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #21 .) (Gideon, Jameson)
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Filing 21
Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim or for a More Definite Statement as to Plaintiff's First Amended Complaint #20 . Filed by Liani Reyna. (Gideon, Jameson)
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Filing 20
Motion to Dismiss for Failure to State a Claim or for a More Definite Statement as to Plaintiff's First Amended Complaint. Oral Argument requested. Filed by City of Portland. (Tu, Trung)
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Filing 19
ORDER: Defendant City of Portland's Unopposed Motion for Extension of Time, ECF #18 , is GRANTED for good cause. Defendant City of Portland's response to Plaintiff's First Amended Complaint, ECF #15 , is now due 10/5/2022. Ordered by Judge Karin J. Immergut on 9/14/2022. (jy)
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Filing 18
Unopposed Motion for Extension of Time to File Response to Plaintiff's First Amended Complaint. Filed by City of Portland. (Attachments: #1 Attachment Declaration of Trung D. Tu in Support of Defendant's Unopposed Motion for Second Extension of Time to File Response to Plaintiff's First Amended Complaint) (Tu, Trung)
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Filing 17
ORDER: Defendant City of Portland's Unopposed Motion for Extension of Time, ECF #16 , is GRANTED for good cause. Defendant City of Portland's response to Plaintiff's First Amended Complaint, ECF #15 , is now due 9/14/2022. Ordered by Judge Karin J. Immergut on 8/15/2022. (jy)
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Filing 16
Unopposed Motion for Extension of Time to file Response to Plaintiff's First Amended Complaint. Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 15
First Amended Complaint . Filed by Liani Reyna against City of Portland. (Gideon, Jameson)
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Filing 14
ORDER: Plaintiff's Unopposed Motion for Extension of Time, ECF #12 , is GRANTED for good cause. The deadline for Plaintiff to file the First Amended Complaint is now 8/1/2022. Ordered by Judge Karin J. Immergut on 7/8/2022. (jy)
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Filing 13
Declaration of Jameson E. Gideon in support of Plaintiff's unopposed motion for extension of time to file First Amended Complaint. Filed by Liani Reyna. (Related document(s): Motion for Extension of Time #12 .) (Gideon, Jameson)
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Filing 12
Unopposed Motion for Extension of Time for Plaintiff to file First Amended Complaint. Filed by Liani Reyna. (Gideon, Jameson)
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Filing 11
ORDER: Defendant's Unopposed Motion for Extension of Time #10 is GRANTED for good cause. This Court understands that parties conferred and Plaintiff intends to file an amended complaint. Defendant now has until 7/11/22 to respond to Plaintiff's Complaint #1 . Plaintiff is to file the amended complaint by that date. Ordered by Judge Karin J. Immergut. Modified on 6/7/2022 - Corrected response to complaint due date (jy).
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Filing 10
Motion for Extension of Time . Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 9
ORDER: Defendant's Unopposed Motion for Extension of Time #8 is GRANTED for good cause. Defendant now has until 6/6/2022 to respond to Plaintiff's Complaint #1 . Ordered by Judge Karin J. Immergut. (jy)
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Filing 8
Unopposed Motion for Extension of Time (Second Request). Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 7
ORDER: Defendant's Unopposed Motion for Extension of Time #6 is GRANTED for good cause. Defendant now has until 5/5/2022 to respond to Plaintiff's Complaint #1 . Ordered by Judge Karin J. Immergut. (jy)
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Filing 6
Motion for Extension of Time . Filed by City of Portland. (Attachments: #1 Declaration of Trung D. Tu) (Tu, Trung)
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Filing 5
Notice of Appearance Filed by City of Portland. (Tu, Trung)
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Filing 4
Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 2/4/2022. Filed by Liani Reyna. (Harvey, Randy)
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Filing 3
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 4/19/2022. Joint Alternate Dispute Resolution Report is due by 5/19/2022. Pretrial Order is due by 5/19/2022. Ordered by Judge Karin J. Immergut. (kgc)
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Filing 2
Civil Cover Sheet regarding Complaint #1 . Filed by Liani Reyna. (Gideon, Jameson)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: BORDC-8348344 Jury Trial Requested: Yes. Filed by Liani Reyna against City of Portland. (Gideon, Jameson)
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| Plaintiff: Liani Reyna | |
| Represented By: | Randy J Harvey |
| Represented By: | Andrew Thomas Mittendorf |
| Represented By: | Jameson Edward Gideon |
| Represented By: | Patrick Gerard Conroy |
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| Defendant: City of Portland | |
| Represented By: | Trung D. Tu |
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