Brand v. Gresham City Police Department et al
| Austin Callahan Brand |
| Gresham City Police Department, City of Portland, City of Gresham, State of Oregon, Charles Skeahan, Aaron Turnage, Dan Marciano, Matthew Hardy, Tina Kotec, Amber Kinney, Ryan Glisan and Matthew Frutiger |
| 3:2023cv01692 |
| November 15, 2023 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
SCHEDULING ORDER - On January 10, 2024, Defendant City of Portland (the City) filed a Notice of Suggestion of Death of Plaintiff (ECF #7 ). Attached to the Notice of Suggestion of Death is a Certificate of Service stating that the City served a copy of the Notice on Plaintiff by mail. Rule 25 of the Federal Rules of Civil Procedure requires that a statement noting death of a party be both (1) "served on parties as provided in Rule 5" and (2) served "on nonparties as provided in Rule 4." Thus, under Rule 25, "non-party successors or representatives of the deceased party must be served the suggestion of death in the manner provided by Rule 4 for the service of a summons." Barlow v. Ground, 39 F.3d 231, 233 (9th Cir. 1994). Although the City has provided proof of service on Plaintiff by mail, no Defendant has provided proof of service "in the manner provided by Rule 4" on Plaintiff's successors or representatives. Defendants are therefore ORDERED to provide this Court with such proof of service on Plaintiff's successors or representatives by January 18, 2024. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 1/11/2024.) (mja)
|
| Filing 8 Declaration of Alexandria Deitz in Support of Defendant City of Portland's Notice of Suggestion of Death of Plaintiff. Filed by City of Portland. (Related document(s): Notice #7 .) (Deitz, Alexandria) |
| Filing 7 Notice of Suggestion of Death Filed by City of Portland. (Deitz, Alexandria) |
|
Filing 6
ORDER - The Court DENIES Plaintiff's Motion for Appointment of Pro Bono Counsel (ECF #5 ). Signed on 1/3/2024 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 1/3/2024.) (mja)
|
|
Filing 4
Notice of Case Assignment to Judge Michael H. Simon 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 4/3/2024. Joint Alternate Dispute Resolution Report is due by 5/3/2024. Pretrial Order is due by 5/3/2024. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 12/5/2023.) (ecp)
|
| Filing 5 Motion for Appointment of Counsel. Filed by Austin Callahan Brand. (ecp) |
| Filing Fee in amount of $405.00 collected; Receipt No. 104987 issued. (ljp) |
|
Filing 3
SCHEDULING ORDER - On November 15, 2023, Plaintiff filed a complaint in this matter. Plaintiff did not pay the required filing fee of $400, nor did Plaintiff submit an application to proceed in forma pauperis (IFP), which if approved will allow Plaintiff to proceed without paying the filing fee. Applications to proceed IFP are available on the Court website or from the Court clerk, and the Court directs the Court clerk to provide an IFP application to Plaintiff along with a copy of this Order. The Court ORDERS Plaintiff to, on or before December 8, 2023, either pay the $400 filing fee or file the application to proceed IFP. If Plaintiff does not either pay the filing fee or file the IFP application, the Court will dismiss this case without prejudice pursuant to 28 U.S.C. 1914 and Local Rule 3-4(a). Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/27/23.) (mja)
|
| Filing 2 Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/20/2023.) (ecp) |
| Filing 1 Complaint. Jury Trial Requested: Yes. Filed by Austin Callahan Brand against All Defendants (Attachments: #1 Civil Cover Sheet). (ecp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
