Hardt v. City of Portland
Plaintiff: Dale Everett Hardt and Scott Whitish
Defendant: City of Portland, Mingus Mapps, Ted Wheeler, Carmen Rubio, Dan Ryan and Rene Gonzalez
Case Number: 3:2023cv01980
Filed: December 29, 2023
Court: US District Court for the District of Oregon
Presiding Judge: Michael W Mosman
Referring Judge: Adrienne Nelson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order 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)
February 9, 2024 Opinion or Order 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)
February 5, 2024 Opinion or Order Filing 22 Formal Notification of Individual Liability of Each Respondent. Filed by Dale Everett Hardt. (dino)
February 5, 2024 Opinion or Order Filing 21 Motion to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint (ECF 15). Filed by City of Portland. (Haag, Elsa)
January 25, 2024 Opinion or Order 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)
January 22, 2024 Opinion or Order 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)
January 22, 2024 Opinion or Order 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)
January 22, 2024 Opinion or Order 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)
January 22, 2024 Opinion or Order Filing 16 Response in Opposition to Motion for Preliminary Injunction #10 . Filed by City of Portland. (Haag, Elsa)
January 22, 2024 Opinion or Order 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)
January 18, 2024 Opinion or Order Filing 14 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (ecp)
January 10, 2024 Opinion or Order 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)
January 9, 2024 Opinion or Order 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.)
January 8, 2024 Opinion or Order Filing 11 Reply to Motion for Extension of Time to Answer #2 . Filed by City of Portland. (Haag, Elsa)
January 8, 2024 Opinion or Order Filing 10 Motion for Preliminary Injunction. Titled as "Motion for Injunctive Relief". Filed by Dale Everett Hardt. (ecp)
January 3, 2024 Opinion or Order Filing 9 Motion for Appointment of Counsel. Filed by Dale Everett Hardt. (eo)
January 3, 2024 Opinion or Order Filing 8 Application for Leave to Proceed IFP. Filed by Dale Everett Hardt. (eo)
January 3, 2024 Opinion or Order Filing 7 Response in Opposition to Motion for Extension of Time to Answer #2 . Filed by Dale Everett Hardt. (eo)
January 2, 2024 Opinion or Order 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)
January 2, 2024 Opinion or Order 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)
December 29, 2023 Opinion or Order 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)
December 29, 2023 Opinion or Order 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)
December 29, 2023 Opinion or Order Filing 2 Motion for Extension of Time to Answer . Filed by City of Portland. (Haag, Elsa)
December 29, 2023 Opinion or Order 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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Plaintiff: Dale Everett Hardt
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Plaintiff: Scott Whitish
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Defendant: City of Portland
Represented By: Elsa Claire White Haag
Represented By: J. Scott Moede
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Defendant: Mingus Mapps
Represented By: J. Scott Moede
Represented By: Elsa Claire White Haag
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Defendant: Ted Wheeler
Represented By: J. Scott Moede
Represented By: Elsa Claire White Haag
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Defendant: Carmen Rubio
Represented By: J. Scott Moede
Represented By: Elsa Claire White Haag
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Defendant: Dan Ryan
Represented By: J. Scott Moede
Represented By: Elsa Claire White Haag
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Defendant: Rene Gonzalez
Represented By: J. Scott Moede
Represented By: Elsa Claire White Haag
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