Jacobson v. State of Oregon et al
| James E Jacobson, Jr. |
| State of Oregon, AH Gresham Park, LLC and AH Albion House, LLC |
| 3:2023cv01551 |
| October 23, 2023 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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| Filing 21 Notice of Appearance of Brian Simmonds Marshall appearing on behalf of State of OregonNotice of Appearance of Counsel. Filed by on behalf of State of Oregon. (Marshall, Brian) |
Filing 20
ORDER: Plaintiff's Motion for Default Judgment #15 as to Defendants AH Gresham Park LLC and AH Albion House LLC is DENIED. Plaintiff's Motion is procedurally premature. An application for entry of default pursuant to Federal Rule of Civil Procedure 55(a) must be submitted prior to moving for default judgment. As Defendants have entered an appearance in this matter and responded to the Complaint, the Court declines to enter default against Defendants. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 19
ORDER: Plaintiff's Motion for Extension of Time #18 is GRANTED as to the pending Motions to Dismiss. Plaintiff's response to the Motion to Dismiss filed by Defendants AH Gresham Park and AH Albion House is due January 19, 2024. Plaintiff's response to the Motion to Dismiss filed by the State of Oregon is due January 29, 2024. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 18 First Motion for Extension of Time . Filed by James E Jacobson, Jr. (Jacobson, James) |
| Filing 17 Motion to Dismiss . Filed by State of Oregon. (Sawkar, Anuradha) |
| Filing 16 Motion to Dismiss for Failure to State a Claim . Filed by AH Albion House, LLC, AH Gresham Park, LLC. (Rezvani, Sia) |
| Filing 15 First Motion for Default Judgment incl. Affidavit. Oral Argument requested. Filed by James E Jacobson, Jr. (Jacobson, James) |
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Filing 14
ORDER: Granting Motion for Extension of Time to Answer #13 . Defendant's answer or other responsive pleading is due 12/15/2023. Ordered by Judge Marco A. Hernandez.
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| Filing 13 Motion for Extension of Time , Motion for Extension of Time to Answer Complaint #1 . Filed by State of Oregon. (Sawkar, Anuradha) |
| Filing 12 Return of Service Executed as to State of Oregon served on 11/15/2023, answer due on 12/6/2023. (ecp) |
| Filing 11 Return of Service Executed as to AH Gresham Park, LLC served on 11/15/2023, answer due on 12/6/2023. (ecp) |
| Filing 10 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.), Service Papers Received. Summons 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. (Attachments: #1 USM-285) (ljp) |
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Filing 9
ORDER: Granting #7 Application of James Jacobson for CM/ECF Registration as a Self-Represented Party. Signed on 11/1/2023 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 11/1/2023.) (jp)
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| Filing 8 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (ecp) |
| Filing 7 Application for CM/ECF Registration as a Self-Represented Party. Filed by James E Jacobson, Jr. (ecp) |
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Filing 6
ORDER: Plaintiff's Motion for Appointment of Counsel #3 is DENIED. There is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). Although the Court has discretion to request volunteer counsel under 28 U.S.C. 1915, there must be exceptional circumstances. Wood v. Houseright, 900 F.2d 1332, 1335 (9th Cir. 1990); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). To determine whether exceptional circumstances exist, the Court evaluates the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his or her claim pro se in light of the complexity of the legal issues involved. Wood, 900 F.2d at 1335-36; Wilborn, 789 F.2d at 1331. The Court declines to request volunteer counsel at this time. Plaintiff's initial filings indicate that he is able to sufficiently articulate his claim. At this stage of the proceedings, the Court is unable to assess the likelihood of success on the merits. This decision is without prejudice as to a future motion for appointment of counsel. Ordered by Judge Marco A. Hernandez.(Deposited in outgoing mail to pro se party on 10/27/2023.) (jp)
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Filing 5
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 10/27/2023.) (jp)
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| Filing 4 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 10/24/2023.) (ecp) |
| Filing 3 Motion for Appointment of Counsel. Filed by James E Jacobson, Jr. (ecp) |
| Filing 2 Application for Leave to Proceed IFP. Filed by James E Jacobson, Jr. (ecp) |
| Filing 1 Complaint. Jury Trial Requested: Yes. Filed by James E Jacobson, Jr against All Defendants (Attachments: #1 Civil Cover Sheet). (ecp) |
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