Manstrom v. Lane County Parole and Probation et al
| Carol J. Manstrom |
| Donovan Dumire, Glenn Greening, Lane County and Lane County Parole and Probation |
| 6:2018cv00530 |
| March 28, 2018 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Thomas M. Coffin |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
104
Opinion and Order: Defendant Glenn Greening's Motion for Summary Judgment 64 , is granted. Defendants Lane County and Donovan Dumire's Motion for Summary Judgment 67 is granted. Plaintiff and Lane County are ORDERED to confer and file a status report within fourteen (14) days regarding the final remaining state law claim. Signed on 12/23/2019 by Judge Michael J. McShane. (cp)
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Filing
63
OPINION AND ORDER: Based on the foregoing, Defendants have adequately pleaded the affirmative defense of contributory negligence and may, as a matter of law, pursue that defense when, and if, it becomes relevant to defending against Plaintiff 's wrongful death claims. Accordingly, the Court finds as follows with respect to the pending motions and F&R: Magistrate Judge Coffin's Finding and Recommendation 45 is adopted in part. Defendants' Motion for Permissive Joinder of Parties 36 is denied. Plaintiff's Motion to Strike Counterclaim 37 , is denied as to the affirmative defense of contributory negligence and granted as to all crossclaims. Plaintiff's Motion for Partial Judgment on the Pleadings 49 is denied as to the affirmative defense of contributory negligence and granted as to the affirmative defense of unclean hands. In addition, and notwithstanding the findings above, any discovery on the affirmative defense of contributory negligence is deferred until after the Court resolves Defendants' dispositive motions on Plaintiff's underlying wrongful death and Section 1983 claims. Signed on 6/6/2019 by Judge Michael J. McShane. (cp)
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Filing
34
ORDER: Judge Coffin's Findings and Recommendation 31 is adopted in full. Defendants' Motion to Dismiss for Failure to State a Claim 22 is denied. Signed on 10/3/2018 by Judge Michael J. McShane. (cp)
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