Hardt v. City of Portland
| Dale Everett Hardt and Scott Whitish |
| City of Portland, Mingus Mapps, Ted Wheeler, Carmen Rubio, Dan Ryan and Rene Gonzalez |
| 3:2023cv01980 |
| December 29, 2023 |
| US District Court for the District of Oregon |
| Michael W Mosman |
| Adrienne Nelson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 26
Reply in Support of to Motion to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint (ECF 15) #21 , Motion to Dismiss for Failure to State a Claim #24 . Filed by All Defendants. (Haag, Elsa)
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Filing 24
Motion to Dismiss for Failure to State a Claim . Filed by Rene Gonzalez, Ted Wheeler, Carmen Rubio, Mingus Mapps, Dan Ryan. (Haag, Elsa)
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Filing 23
Waiver of Service of Summons Returned Executed by Rene Gonzalez waiver sent on 2/6/2024; Ted Wheeler waiver sent on 2/6/2024; Carmen Rubio waiver sent on 2/6/2024; Mingus Mapps waiver sent on 2/6/2024; Dan Ryan waiver sent on 2/6/2024. Filed by Rene Gonzalez; Ted Wheeler; Carmen Rubio; Mingus Mapps; Dan Ryan. (Haag, Elsa)
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Filing 25
Response to Motion to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint (ECF 15) #21 . Filed by Dale Everett Hardt. (ecp)
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Filing 22
Formal Notification of Individual Liability of Each Respondent. Filed by Dale Everett Hardt. (dino)
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Filing 21
Motion to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint (ECF 15). Filed by City of Portland. (Haag, Elsa)
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Filing 20
ORDER: Plaintiff's Motion for Appointment of Counsel, ECF #9 , is DENIED. Plaintiff has not demonstrated the existence of exceptional circumstances warranting appointment of counsel under 28 U.S.C. 1915(e)(1). Plaintiff does not have a strong likelihood of success on the merits of his Eighth Amendment claim, breach of contract claim, or equal protection claim, nor has he demonstrated difficulty in articulating his claims, despite the relative complexity of constitutional law. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 1/25/2024.) (joha)
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Filing 19
Declaration of Lucas Hillier in Support of City's Response in Opposition to Plaintiffs' Motion for Injunctive Relief. Filed by City of Portland. (Related document(s): Response in Opposition to Motion #16 .) (Haag, Elsa)
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Filing 18
Declaration of David Ferro in Support of City's Response in Opposition to Plaintiffs' Motion for Injunctive Relief. Filed by City of Portland. (Related document(s): Response in Opposition to Motion #16 .) (Haag, Elsa)
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Filing 17
Declaration of Elsa Haag in Support of City's Response in Opposition to Plaintiffs' Motion for Injunctive Relief. Filed by City of Portland. (Related document(s): Response in Opposition to Motion #16 .) (Haag, Elsa)
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Filing 16
Response in Opposition to Motion for Preliminary Injunction #10 . Filed by City of Portland. (Haag, Elsa)
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Filing 15
Amended Complaint. Filed by Dale Everett Hardt, Scott Whitish against City of Portland, Rene Gonzalez, Mingus Mapps, Carmen Rubio, Dan Ryan, Ted Wheeler. (gd)
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Filing 14
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (ecp)
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Filing 13
ORDER: Defendant's Motion for Extension of Time to Answer, ECF #2 , is GRANTED. The Court finds that good cause exists warranting the extension of time. Defendant's deadline to respond to the Complaint is now February 5, 2024. Additionally, plaintiff's Application for Leave to Proceed IFP, ECF #8 , is DENIED as moot. This case was removed by defendant, thus plaintiff is not subject to filing fees. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 1/10/2024.) (joha)
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Filing 12
Notice of Association of Attorney of J. Scott Moede appearing on behalf of City of Portland . Filed by on behalf of City of Portland. (Moede, J.)
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Filing 11
Reply to Motion for Extension of Time to Answer #2 . Filed by City of Portland. (Haag, Elsa)
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Filing 10
Motion for Preliminary Injunction. Titled as "Motion for Injunctive Relief". Filed by Dale Everett Hardt. (ecp)
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Filing 9
Motion for Appointment of Counsel. Filed by Dale Everett Hardt. (eo)
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Filing 8
Application for Leave to Proceed IFP. Filed by Dale Everett Hardt. (eo)
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Filing 7
Response in Opposition to Motion for Extension of Time to Answer #2 . Filed by Dale Everett Hardt. (eo)
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Filing 6
ORDER: The Court is in receipt of defendant's Motion for Extension of Time to Answer, ECF #2 . Because plaintiff opposes the motion, plaintiff's deadline to file a response to defendant's motion is January 12, 2024. Defendant's deadline to respond to the complaint will be stayed until resolution of its motion. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 1/2/2024.) (mja)
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Filing 5
Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 1/2/24.) (eo)
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Filing 4
Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 4/29/2024. Joint Alternate Dispute Resolution Report is due by 5/28/2024. Pretrial Order is due by 5/28/2024. Ordered by Judge Michael W. Mosman. (Deposited in outgoing mail to pro se party on 12/29/2023.) (dino)
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Filing 3
Declaration of Elsa Haag . Filed by City of Portland. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #2 .) (Haag, Elsa)
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Filing 2
Motion for Extension of Time to Answer . Filed by City of Portland. (Haag, Elsa)
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Filing 1
Notice of Removal of Case Number 23CV49670 from Multnomah County Circuit Court. Filing Fee in amount of $405 collected. Agency Tracking ID: AORDC-9213994 issued.. Filed by City of Portland (Attachments: #1 Exhibit A, #2 Civil Cover Sheet). (Haag, Elsa)
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