Duke v. Dept Human Services et al
|Victim Shayla M. Duke
|Dept Human Services, Lane Council Governments and Ellen Rosenblum
|May 15, 2017
|US District Court for the District of Oregon
|Eugene (6) Office
|Jolie A. Russo
|Nature of Suit:
|Civil Rights: Other
|Cause of Action:
|42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|January 22, 2019
ORDER: This Court adopts Magistrate Judge Russo's F&R 76 . Accordingly, defendants' Motion to Dismiss 65 is GRANTED, and plaintiffs' Third Amended Complaint is dismissed, without prejudice. Plaintiffs shall file a Status R eport with Magistrate Judge Kasubhai within 60 days of this order, apprising him as to whether they have obtained substitute counsel or will proceed pro se. Thereafter, discovery and pretrial deadlines shall be reset. Further, all discovery disput es and other requests for relief will be resolved once an appropriate amended complaint has been filed with the Court. Finally, as noted above, plaintiffs' Motion for Extension of Time 87 is GRANTED only to the extent that plaintiffs' objections 88 are timely. Plaintiffs' other requests for relief 90 and 92 are DENIED. Further, plaintiffs' Emergency Motion for Extension of Time 96 is GRANTED IN PART and DENIED IN PART. Plaintiffs are granted sixty days from this order to continue to seek alternate representation. All other requests in the motion are denied at this time. Signed on 1/22/2019 by Judge Ann L. Aiken. A copy of this Order was mailed to pro se plaintiff D.D. (ck)
|September 21, 2017
OPINION AND ORDER: Denying Motion for a Preliminary Injunction 21 . Further, Plaintiff's amended complaint is DISMISSED, without prejudice. Plaintiff is allowed 30 days from the date of this order to file a complaint that complies with the requirements of Fed R. Civ. P. 8(a). Failure to file an amended complaint as ordered will result in the dismissal of this action, with prejudice. The Court sua sponte orders a pro bono appointment of counsel be made for the specific and limited p urpose of reviewing the case with plaintiff and discussing options to proceed. This appointment shall not exceed 3 hours in length. Amended Complaint is due 10/23/2017. IT IS SO ORDERED. Signed on 9/21/2017 by Judge Ann L. Aiken. A copy of this Opinion and Order was mailed to S.D. (ck) Modified on 9/21/2017 by removing mailing to Shayla M. Duke (Rogers) (ck).
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