Nohrenberg v. State of Oregon et al
| Michael Nohrenberg and Krista Nohrenberg |
| State of Oregon, Oregon State Hospital, Howard Davis, John Ross, David Peeler and Junction City |
| 6:2017cv01148 |
| July 24, 2017 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Jolie A Russo |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
Docket Report
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| Filing 40 Clerk's Notice of Mailing to Michael Nohrenberg; Krista Nohrenberg of Minutes of Proceedings 38 , Judgment #39 . (jk) |
| Filing 39 Judgment. This action is dismissed without prejudice. Signed on 4/18/2018 by the Clerk. (jk) |
| Filing 38 MINUTES of Proceedings: The court held a competency hearing on April 13, 2018, to determine the competency of plaintiffs Michael Nohrenberg and Krista Nohrenberg. The plaintiffs did not appear. Pursuant to the record made during the hearing, this case is dismissed without prejudice. Krain v. Smallwood, 880 F.2d 1119, 1121 (9th Cir. 1989)(affirming a dismissal without prejudice where the plaintiff refused to submit to a mental examination to determine whether she was competent)(internal citation omitted). John Geil present as counsel for defendants. Court Reporter: Kristi Anderson. Magistrate Judge Jolie A. Russo presiding. (jk) |
| Filing 37 Brief Re Competency Law. Filed by Oregon State Hospital, State of Oregon. (Related document(s): Motion - Miscellaneous #20 .) (Geil, John) |
| Filing 36 Clerk's Notice of Mailing to Krista Nohrenberg; Michael Nohrenberg regarding Scheduling 35 . (plb) |
Filing 35
Scheduling Order by Magistrate Judge Jolie A. Russo regarding Motion to Determine Competency #20 . Oral Argument is reset from 4/6/2018 to 4/13/2018 at 10:00AM in Eugene Courtroom 3 before Magistrate Judge Jolie A. Russo. Pro se Plaintiffs and counsel for defendants are ordered to appear at the hearing in person. The parties should be prepared to discuss the standard for competency in the State of Oregon. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 34 Clerk's Notice of Mailing to Krista Nohrenberg; Michael Nohrenberg regarding Scheduling 33 . (plb) |
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Filing 33
Scheduling Order by Magistrate Judge Jolie A. Russo regarding Motion to Determine Competency #20 . Oral Argument is reset from 3/27/2018 to 4/6/2018 at 10:00AM in Eugene Courtroom 3 before Magistrate Judge Jolie A. Russo. Pro se Plaintiffs and counsel for defendants are ordered to appear at the hearing in person. The parties should be prepared to discuss the standard for competency in the State of Oregon. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 32 Clerk's Notice of Mailing to Kristia Nohrenberg; Michael Nohrenberg regarding Scheduling 31 . (plb) |
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Filing 31
Scheduling Order by Magistrate Judge Jolie A. Russo regarding Motion to Determine Competency #20 . Competency Hearing is set for 3/27/2018 at 10:00AM in Eugene Courtroom 3 before Magistrate Judge Jolie A. Russo. Pro se Plaintiffs and counsel for defendants are ordered to appear at the hearing in person. The parties should be prepared to discuss the standard for competency in the State of Oregon. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 30 Response to Motion to Determine Competency #20 . Filed by Michael Nohrenberg. (jk) |
| Filing 29 Clerk's Notice of Mailing to Michael Nohrenberg; Krista Nohrenberg regarding Scheduling 28 . (plb) |
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Filing 28
ORDER: Plaintiffs are directed to respond to Defendants State of Oregon's and Oregon State Hospital's motion to determine competency #20 by 1/10/2017. Plaintiffs should address, under seal if necessary, plaintiff Krista Nohrenberg's alleged "mental illness" and current living arrangements at Gateway Living and whether such condition and/or arrangements impact her competence to represent herself in these proceedings. Defendants may file a reply within 14 days of receipt of plaintiffs' response. The court will set a hearing, if necessary, upon receipt of the briefing. Briefing on defendants' motion for summary judgment #21 is stayed pending resolution of the motion to determine competency. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 27 Clerk's Notice of Mailing to Michael Nohrenberg; Krista Nohrenberg regarding Scheduling 26 . (plb) |
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Filing 26
ORDER: Plaintiffs are directed to respond to Defendants State of Oregon's and Oregon State Hospital's Motion to Determine Competency #20 by December 19, 2017. Plaintiffs should address, under seal if necessary, plaintiff Krista Nohrenberg's alleged "mental illness" and current living arrangements at Gateway Living and whether such condition and/or arrangements impact her competence to represent herself in these proceedings. Defendants may file a reply within 14 days of receipt of plaintiffs' response. The court will set a hearing, if necessary, upon receipt of the briefing. Briefing on defendants' motion for summary judgment (doc. 21) is stayed pending resolution of the motion to determine competency. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 25 Clerk's Notice of Mailing to Michael Nohrenberg; Krista Nohrenberg regarding Order on Motion for Judgment 24 . (plb) |
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Filing 24
ORDER: Denying as Moot Motion for Declaratory Relief Judgment #5 . Ordered by Judge Michael J. McShane. (plb)
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| Filing 23 Declaration of Curtis Peeler ISO State Defendants' Motion for Summary Judgment. Filed by Oregon State Hospital, David Peeler, John Ross, State of Oregon. (Related document(s): Motion for Summary Judgment #21 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Geil, John) |
| Filing 22 Declaration of John Ross ISO State Defendants Motion for Summary Judgment. Filed by Oregon State Hospital, David Peeler, John Ross, State of Oregon. (Related document(s): Motion for Summary Judgment #21 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Geil, John) |
| Filing 21 Motion for Summary Judgment . Filed by Oregon State Hospital, David Peeler, John Ross, State of Oregon. (Geil, John) |
| Filing 20 Motion to Determine Competency. Filed by Oregon State Hospital, State of Oregon. (Geil, John) |
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Filing 19
ORDER: Denying as Moot Motion for Extension of Time #17 . Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 18 Answer to #9 Amended Complaint and Affirmative Defenses. Filed by Oregon State Hospital, State of Oregon. (Geil, John) |
| Filing 17 Motion for Extension of Time . Filed by Oregon State Hospital, State of Oregon. (Attachments: #1 Attachment Supporting Declaration of John Geil) (Geil, John) |
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Filing 16
ORDER: Denying Motion for ex parte hearing for a preliminary injunction #10 . Signed on 8/28/2017 by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp)
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| Filing 15 Return of Service Executed as to Oregon State Hospital served on 8/18/2017, answer due on 9/8/2017. (kf) |
| Filing 14 Return of Service Unexecuted as to David Peeler. (kf) Corrected docket text to identify return as unexecuted on 8/24/2017 (plb). |
| Filing 13 Return of Service Unexecuted as to Howard Davis. (kf) Corrected docket text to identify return as unexecuted on 8/24/2017 (plb). |
| Filing 12 Return of Service Executed as to State of Oregon served on 8/18/2017, answer due on 9/8/2017. (kf) |
| Filing 11 Summons Issued as to Howard Davis, Oregon State Hospital, David Peeler, State of Oregon. (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.) (kf) |
| Filing 10 First Amended Motion for Order. Expedited Hearing requested. Filed by Krista Nohrenberg, Michael Nohrenberg. (kf) |
| Filing 9 First Amended Complaint. Filed by Krista Nohrenberg, Michael Nohrenberg against All Defendants. (kf) |
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Filing 8
Order: Plaintiff's Motion for Declaratory Relief/Injunctive Relief #5 requests an expedited hearing. A expedited hearing will be set once defendants have been served. Ordered by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp)
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| Filing 7 Clerk's Notice of Mailing to Michael Nohrenberg regarding Order on motion/application for leave to proceed ifp #6 . (plb) |
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Filing 6
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Signed on 7/26/2017 by Magistrate Judge Jolie A. Russo. (plb)
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| Filing 5 Motion for Declaratory Relief Judgment. Expedited Hearing requested. Filed by Michael Nohrenberg. (Attachments: #1 Proposed Order 1, #2 Proposed Order 2) (kf) |
| Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge Jolie A. Russo. (jw) |
| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Jolie A. Russo. Notice mailed to plaintiff. (jw) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Michael Nohrenberg. (jw) |
| Filing 1 Complaint. Jury Trial Requested: Yes. Filed by Michael Nohrenberg against Howard Davis, Junction City, Oregon State Hospital, David Peeler, John Ross, State of Oregon (Attachments: #1 Civil Cover Sheet). (jw) |
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