Ard v Boyd et al
| Marlin Ard |
| Hilary D Boyd, Oregon State Bar, Oregon State Bar Disciplinary Board, Courtney Dippel, Rebecca Salwin, Mark Turner, Merry Ann Moore, Rob Corrigan, Martha Waters, Rebecca Duncan, Christopher Garrett, Adrienne Nelson, Lynn Nakamoto, Megan Flynn, Thomas A. Balmer, J. Russor and Davis Rothwell Earle & Xochihua PC |
| 3:2022cv01421 |
| September 21, 2022 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael W Mosman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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Filing 72
ORDER TO SHOW CAUSE: Per the Court's 10/17/2022 Order 60 , Plaintiff had until 10/31/2022 to respond to Defendants' Motion to Dismiss #50 . The record indicates that Plaintiff has failed to do so. Plaintiff must file a response to this order by 11/18/2022 and show good cause for the failure to respond, or have the claims against Defendants Oregon State Bar, Oregon State Bar Disciplinary Board, Mark Turner, Courtney Dipple, and Rebecca Salwin dismissed. Ordered by Judge Michael W. Mosman. (Deposited in outgoing mail to pro se party on 11/10/2022.) (joha)
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| Filing 71 Response OF NON-OPPOSITION to MOTION to Dismiss #50 . Filed by Oregon State Bar, Rebecca Salwin, Mark Turner. (Christie, Elizabeth) |
| Filing 70 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 69 Clerk's Notice of Mailing to Marlin Ard regarding Order 67 , Order 68 . (joha) |
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Filing 68
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #66 . Attorney Elizabeth Christie Added. Ordered by Judge Michael W. Mosman. (joha)
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Filing 67
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #65 . Attorney Mark S. Posard Added. Ordered by Judge Michael W. Mosman. (joha)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Elizabeth Christie. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8711630 #66 and Mark S. Posard. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8711627 #65 : Reviewed and Ready for Ruling. (ecp) |
| Filing 66 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Elizabeth Christie. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8711630. Filed by Courtney Dippel, Oregon State Bar, Oregon State Bar Disciplinary Board, Rebecca Salwin, Mark Turner. (Christie, Elizabeth) |
| Filing 65 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark S. Posard. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8711627. Filed by Courtney Dippel, Oregon State Bar, Oregon State Bar Disciplinary Board, Rebecca Salwin, Mark Turner. (Posard, Mark) Modified on 11/4/2022 to add additional parties to filed by docket text (ecp). |
| Filing 64 Motion to Dismiss for Failure to State a Claim , Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Christopher Garrett, Martha Waters, Thomas A. Balmer, Adrienne Nelson, Megan Flynn, Rebecca Duncan, Lynn Nakamoto. (Karpinski, Seth) |
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Filing 63
ORDER: In light of the proposed case management schedule #62 , the Court adopts the following deadlines: discovery closes on 6/2/2023; expert discovery closes on 8/11/2023; dispositive motions are due 9/15/2023; and the joint ADR report is due 9/15/2023. Ordered by Judge Michael W. Mosman. (Deposited in outgoing mail to pro se party on 11/1/2022.) (joha)
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| Filing 62 Proposed Joint Case Management Schedule . Filed by Thomas A. Balmer, Rebecca Duncan, Megan Flynn, Christopher Garrett, Lynn Nakamoto, Adrienne Nelson, Martha Waters. (Karpinski, Seth) |
| Filing 61 Clerk's Notice of Mailing to Marlin Ard regarding Scheduling Order, 60 . (kms) |
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Filing 60
ORDER: The Court adopts the following briefing schedule on Defendants' Motion to Dismiss #50 : the deadline to respond is 10/31/2022 and the deadline to reply is 11/14/2022. Oral argument may be set after briefing is complete. Ordered by Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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| Filing 59 Clerk's Notice of Mailing to Elizabeth Christie and Mark S. Posard regarding Order 58 . (joha) |
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Filing 58
ORDER: The parties shall file a Proposed Case Management Schedule, including deadlines for expert discovery, dispositive motions, and the filing of an ADR report, by 10/26/2022. Ordered by Judge Michael W. Mosman. (joha)
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| Filing 57 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Northern District of California. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer #55 .. (eo) |
| Filing 56 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jolie A. Russo to Judge Michael W. Mosman. (eo) |
| Filing 55 Case transferred in from District of California Northern; Case Number 3:22-cv-03764. Electronic file received. |
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Filing 54
ORDER TRANSFERRING CASE. Signed by Judge Laurel Beeler on 09/19/2022. (ejk, COURT STAFF) (Filed on 9/19/2022) [Transferred from California Northern on 9/21/2022.]
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| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by Marlin D Ard . (Ard, Marlin) (Filed on 9/16/2022) [Transferred from California Northern on 9/21/2022.] |
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Filing 52
ORDER. The court issues this order to alert the parties about how the court has staged the case to date. The court previously issued an order to show cause why the case should not be transferred because there is no venue here. (Order - ECF No. 46.) Also, likely there is no personal jurisdiction. And as the Oregon State Bar points out in its motion to dismiss, there are other grounds to dismiss. (Mot. - ECF No. 50.) There is also the issue about magistrate-judge jurisdiction: all parties, including non-appearing defendants, must consent before the court can rule on a dispositive motion (and any consent does not waive any defenses, including a defense to service). Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (consent of all parties needed); see, e.g., Feng v. Cnty. of Santa Clara, No. 19-cv-06877-LB, 2019 WL 7194475, at *1 n.1 (N.D. Cal. Dec. 26, 2019) (consent does not waive defenses, including the defense of service). Given these issues, which are apparent on the face of the complaint, the court issued an order for the plaintiff to show cause why his case should not be transferred to the District of Oregon. (Transfer is not a dispositive issue and thus does not require consent.) The District of Oregon could then consider all issues, including the relief requested by the Oregon State Bar. The plaintiff's response to the order to show cause is due September 16, 2022. If the Oregon State Bar wants to weigh in on the transfer issue, it can submit a short supplemental filing by September 16, 2022 (though the motion, in addressing the issue about forum shopping, raised the issue adequately). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 9/9/2022) [Transferred from California Northern on 9/21/2022.]
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| Filing 51 CLERK'S NOTICE RESCHEDULING MOTION HEARINGS: According to Local Rule 7, motions must be noticed for a hearing not less than 35 days from filing. Due to the recent filing of #50 MOTION to Dismiss, the court resets the hearing date from 10/6/2022 to 10/13/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. All other deadlines in the briefing schedule remain in effect. This proceeding will be held via a Zoom webinar.Initial Case Management Conference previously set for 10/6/2022 is reset to 12/8/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/1/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access t o court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 9/8/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 50 MOTION to Dismiss filed by Courtney Dippel, Oregon State Bar. Motion Hearing set for 10/6/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/22/2022. Replies due by 9/29/2022. (Attachments: #1 Proposed Order)(Christie, Elizabeth) (Filed on 9/8/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 49 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Courtney Dippel, Oregon State Bar, Oregon State Bar Disciplinary Board, Mark Turner, Martha Waters.. (Christie, Elizabeth) (Filed on 9/8/2022) [Transferred from California Northern on 9/21/2022.] |
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Filing 48
Order terminating #45 Motion ; terminating #45 Motion for Extension of Time to File entered by Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 9/21/2022.]
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| Filing 47 CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 10/6/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/29/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 9/2/2022) [Transferred from California Northern on 9/21/2022.] |
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Filing 46
ORDER TO SHOW CAUSE. The court orders the plaintiff to show cause by September 16, 2022 why his case should not be transferred to the District of Oregon for lack of proper venue. Show Cause Response due by 9/16/2022. Signed by Judge Laurel Beeler on 09/02/2022. (ejk, COURT STAFF) (Filed on 9/2/2022) [Transferred from California Northern on 9/21/2022.]
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| Filing 45 MOTION Extension of Time to file document , MOTION for Extension of Time to File filed by Marlin D Ard. Responses due by 9/12/2022. Replies due by 9/19/2022. (Ard, Marlin) (Filed on 8/29/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 44 Summons Issued as to Rob Corrigan. (cv, COURT STAFF) (Filed on 8/8/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 43 Proposed Summons. (Ard, Marlin) (Filed on 8/5/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 42 Summons Issued as to Rebecca Salwin. (cv, COURT STAFF) (Filed on 8/5/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 41 Proposed Summons. (Ard, Marlin) (Filed on 8/5/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 40 Summons Issued as to J. Russor. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 39 Summons Issued as to Thomas A. Balmer. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 38 Summons Issued as to Megan Flynn. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 37 Summons Issued as to Rebecca Duncan. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 36 Summons Issued as to Adrienne Nelson. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 35 Summons Issued as to Lynn Nakamoto. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 34 Summons Issued as to Martha Waters. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 33 Summons Issued as to Mark Turner. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 32 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 31 Summons Issued as to Merry Ann Moore. (cv, COURT STAFF) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 30 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 29 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 28 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 27 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 26 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 25 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 24 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 23 Proposed Summons. (Ard, Marlin) (Filed on 8/1/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 22 Summons Issued as to Hilary D Boyd. (cv, COURT STAFF) (Filed on 7/29/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 21 Summons Issued as to Oregon State Bar. (cv, COURT STAFF) (Filed on 7/29/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 20 Proposed Summons. (Ard, Marlin) (Filed on 7/29/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 19 Proposed Summons. (Ard, Marlin) (Filed on 7/29/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marlin D Ard.. (Ard, Marlin) (Filed on 7/27/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 17 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 8/5/2022. (ejk, COURT STAFF) (Filed on 7/22/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 16 Summons Issued as to Courtney Dippel. (cv, COURT STAFF) (Filed on 7/13/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 15 Summons Issued as to Oregon State Bar Disciplinary Board. (cv, COURT STAFF) (Filed on 7/13/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 14 Proposed Summons. (Ard, Marlin) (Filed on 7/13/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 13 Proposed Summons. (Ard, Marlin) (Filed on 7/13/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 12 Summons Issued as to Davis Rothwell Earle & Xochihua PC. (cv, COURT STAFF) (Filed on 7/11/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 11 Proposed Summons. (Ard, Marlin) (Filed on 7/11/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 10 *** DUPLICATE DOCKET ENTRY *** SEE #8 Proposed Summons. as to defendant Hilary D Boyd (Ard, Marlin) (Filed on 7/11/2022) Modified on 7/11/2022 (cv, COURT STAFF). [Transferred from California Northern on 9/21/2022.] |
| Filing 9 Summons Issued as to Hilary D Boyd. (cv, COURT STAFF) (Filed on 7/11/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 8 Proposed Summons. as to defendant Hilary D Boyd (Ard, Marlin) (Filed on 7/11/2022) Modified on 7/11/2022 (cv, COURT STAFF). [Transferred from California Northern on 9/21/2022.] |
| #Electronic filing error. Duplicate entry. [err103]This filing will not be processed by the clerks office. Re: #10 Proposed Summons as to defendant Hilary D Boyd.filed by Marlin D Ard (cv, COURT STAFF) (Filed on 7/11/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/29/2022. Initial Case Management Conference set for 10/6/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (cv, COURT STAFF) (Filed on 7/7/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 6 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/21/2022. (bw, COURT STAFF) (Filed on 7/7/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 5 *** DUPLICATE DOCKET ENTRY *** please see #4 Civil Cover (Ard, Marlin) (Filed on 7/6/2022) Modified on 7/6/2022 (cv, COURT STAFF). [Transferred from California Northern on 9/21/2022.] |
| Filing 4 Amended Civil Cover filed by Marlin D Ard. (Ard, Marlin) (Filed on 7/6/2022) Modified on 7/6/2022 (cv, COURT STAFF). [Transferred from California Northern on 9/21/2022.] |
| #Electronic filing error. Duplicate entry. [err103]Corrected by Clerk's Office. No further action is necessary. Re: #5 Notice (Other) filed by Marlin D Ard (cv, COURT STA FF) (Filed on 7/6/2022) [Transferred from California Northern on 9/21/2022.] |
| #Electronic filing error. This filing will not be processed by the clerks office. Re: #3 Proposed Summons filed by Marlin D Ard, #2 Proposed Summons filed by Marlin D Ard ** * document NOT issued by the Court *** please re-submit without your signature) (cv, COURT STAFF) (Filed on 7/6/2022) [Transferred from California Northern on 9/21/2022.] |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #4 Request for Judicial Notice filed by Marlin D Ard (cv, COURT STAFF) (Filed on 7/6/2022) [Transferred from California Northern on 9/21/2022.] |
| Notice of Filing Error. [1.1] Listed as Civil Cover Sheet however it is a duplicate filing of Complaint. Please review and file amended documents as necessary. (bw, COURT STAFF) (Filed on 6/27/2022) [Transferred from California Northern on 9/21/2022.] |
| Electronic Filing Error. Civil Cover Sheet missing. Please compete and file as a separate docket entry Civil Cover Sheet # JS-CAND-44 (Rev. 10/2020) re: #1 Complaint filed by Marlin D Ard (bw, COURT STAFF) (Filed on 6/27/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 3 Proposed Summons. (Ard, Marlin) (Filed on 6/25/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 2 Proposed Summons. (Ard, Marlin) (Filed on 6/25/2022) [Transferred from California Northern on 9/21/2022.] |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 402, receipt number ACANDC-17296267.). Filed byMarlin D Ard. (Attachments: #1 Complaint (Refiled), #2 Exhibit, #3 Exhibit)(Ard, Marlin) (Filed on 6/25/2022) Modified on 6/28/2022 (bw, COURT STAFF). [Transferred from California Northern on 9/21/2022.] |
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