McCrae v. City of Salem et al
| Eleaqia McCrae |
| Chuck Bennett, Jane or John Does 1-21, City of Salem, Officer Ramirez, Steve Powers, Jerry Moore, Police Chief Jerry Moore, City Manager Steve Powers, Mayor Chuck Bennett, Officers Jane or John Does 1-21, Officer Kevin Ramirez and Officer Robert Johnston |
| 6:2020cv01489 |
| August 31, 2020 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Michael J McShane |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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Filing 114
Jury Verdict. (jy)
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Filing 113
Jury Verdict Unredacted Version Filed Under Seal . (jy)
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Filing 112
Jury Note. (jy)
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Filing 111
Jury Notes Unredacted Version Filed Under Seal . (jy)
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Filing 110
Court's Final Jury Instructions. (jy)
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Filing 109
Clerk's List of Exhibits. (jy)
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Filing 108
Clerk's List Witnesses. (jy)
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Filing 107
MINUTES of Proceedings: Jury Trial - Day 5 - Jury deliberated. Jury question received. Verdict reached and read in Court. Trial completed. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy)
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Filing 106
MINUTES of Proceedings: Jury Trial - Day 4 - Witness called, sworn, testifies. Parties make closing arguments. Jury instructed. Jury deliberates. The Clerk is directed to order 8 lunches from Elephants at World Trade Center during jury deliberation. Jury Trial is set for 9/30/2022 at 9:00AM in Portland Courtroom 13A before Judge Karin J. Immergut to continue delibertations. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy) Modified on 10/3/2022 - Date corrected (jy).
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Filing 105
MINUTES of Proceedings: Jury Trial Day 3 Witnesses called, sworn, and testify. Exhibits offered and received. Based on the parties' agreement, this Court reserved ruling on Defendants' motion under Federal Rule of Civil Procedure 50 for judgment as a matter of law on the issue of qualified immunity for a determination following the jury's verdict. Jury Trial is continued to 9/29/2022 at 9:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy)
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Filing 104
MINUTES of Proceedings: Jury Trial - Day 2 - Witnesses called, sworn, and testify. Exhibits offered and received. Jury Trial is continued to 9/28/2022 at 9:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy)
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Filing 103
MINUTES of Proceedings: First Day of Jury Trial. Jury selection completed. Witnesses called, sworn, and testify. Exhibits offered and received. Jury Trial continued to 9/27/2022 at 9:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy)
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Filing 102
Order. For the reasons set forth on the record at the pretrial conference and above, parties' motions in limine, ECF 93; ECF 95, are GRANTED IN PART and DENIED IN PART. IT IS SO ORDERED. See attached order for details. Signed on 9/25/22 by Judge Karin J. Immergut. (jy)
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Filing 101
MINUTES of Proceeding : Pretrial Conference held on 9/22/2022 before Judge Karin J. Immergut. For the reasons stated on the record and in the Order to follow, parties' motions in limine, ECF #93 , #95 , are GRANTED IN PART and DENIED IN PART. Exhibits, ECF #87 , are admitted as stated on the record. Parties are instructed regarding witnesses, ECF #99 , as stated on the record. Kevin C. Brague present as counsel for plaintiff(s). Jennifer Gaddis and Aaron Hisel present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (Related document(s): Motion in Limine #93 , Motion in Limine #95 .) (jy)
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Filing 100
Joint Proposed Pretrial Order Lodged . Filed by City of Salem, Officer Robert Johnston. (Gaddis, Jennifer)
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Filing 99
Amended Witness List and Summaries. Filed by City of Salem, Officer Robert Johnston. (Gaddis, Jennifer)
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Filing 98
Declaration of Kevin Brague in Support of Plaintiff's Response in Opposition to Defendants' Motions in Limine. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #97 .) (Brague, Kevin)
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Filing 97
Response in Opposition to Motion in limine #93 . Filed by All Plaintiffs. (Brague, Kevin)
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Filing 96
Response to Motion in limine #95 . Filed by City of Salem. (Hisel, Aaron)
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Filing 95
Motion in limine . Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 94
Trial Memorandum . Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 93
Motion in limine . Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 92
Trial Memorandum . Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 91
Joint Proposed Jury Instructions . Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 90
Joint Proposed Jury Verdict Form. Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 89
Joint Voir Dire Questions Proposed. Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 88
Joint Witness List and Summaries. Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 87
Joint Exhibit List . Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 86
Amended Exhibit List (Plaintiff). Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 85
Proposed Pretrial Order (Plaintiff) by Eleaqia McCrae. Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 84
Witness List (Plaintiff), Witness Statement (Plaintiff). Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 83
Exhibit List (Plaintiff). Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 82
MINUTES of Proceeding : Telephonic Hearing held on 8/19/2022 on Defendants' Motion to Bifurcate Distinct Issue of Fact, ECF #77 . Defendants' motion seeks to litigate Officer Johnston's conduct specifically, the issue of whether Officer Johnston caused Plaintiff's alleged injury before the remainder of the trial. The decision to bifurcate a trial is within the discretion of the trial court. See Estate of Diaz v. City of Anaheim, 840 F.3d 592, 601 (9th Cir. 2016). Based on the pleadings, record, and arguments of counsel, this Court finds that bifurcation is not warranted. In particular, after reviewing Judge McShane's Opinion and Order, ECF #65 , on Defendants' Motion for Summary Judgment, ECF #25 , this Court finds that all of the remaining issues that have survived summary judgment relate to Officer Johnston's conduct. Accordingly, bifurcation is not in the interest of judicial economy, and Defendants' Motion to Bifurcate Distinct Issue of Fact is DENIED. Kevin C. Brague present as counsel for Plaintiff. Jennifer Gaddis and Aaron Hisel present as counsel for Defendants. Court Reporter: Bonita Shumway. Judge Karin J. Immergut presiding. (jy) Modified on 9/2/2022 (dsg).
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Filing 81
Reply to Motion to Bifurcate Distinct Issue of Fact.(Related document(s): Response to Motion #79 .) Filed by City of Salem, Officer Robert Johnston. (Hisel, Aaron)
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Filing 80
Scheduling Order regarding Motion to Bifurcate #77 . Telephonic hearing is set for 8/19/2022 at 11:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
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Filing 79
Response to Motion to Bifurcate Distinct Issue of Fact #77 . Filed by All Plaintiffs. (Brague, Kevin)
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Filing 78
Declaration of Aaron P. Hisel In Support of Defendants' Motion to Bifurcate Distinct Issue of Fact. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion to bifurcate #77 .) (Hisel, Aaron)
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Filing 77
Motion to Bifurcate Distinct Issue of Fact. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Hisel, Aaron)
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Filing 76
Amended Trial Management Order: Estimated 5 day Jury Trial is set for 9/27/2022 at 09:00AM in Portland, Courtroom 13A, before Judge Karin J. Immergut. Pretrial Conference is set for 9/22/2022 at 09:00AM in Portland, Courtroom 13A, before Judge Karin J. Immergut. Pretrial Order is due 8/23/2022. Pretrial Documents are due 9/1/2022. See attached Order for further details. Signed on 7/15/2022 by Judge Karin J. Immergut. (mja)
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Filing 75
MINUTES of Proceedings: Status Conference held. Estimated 5 day Jury Trial is set for 9/27/2022 at 09:00AM in Portland, Courtroom 13A, before Judge Karin J. Immergut. Pretrial Conference is set for 9/22/2022 at 09:00AM in Portland, Courtroom 13A, before Judge Karin J. Immergut. Amended Trial Management Order to issue. Kevin C. Brague present as counsel for Plaintiff. Jennifer Gaddi and Aaron Hisel present as counsel for Defendants. Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (mja)
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Filing 74
Scheduling Order. Telephonic Status Conference is set for 7/13/2022 at 10:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
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Filing 73
Notice of Case Reassignment: This case has been reassigned from Judge Michael J. McShane to Judge Karin J. Immergut. (eo)
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Filing 72
Trial Management Order. Estimated 5 day Jury Trial is set for 9/26/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Conference is set for 9/20/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Order is due by 8/19/2022. Pretrial Documents are due by 8/30/2022. Signed on 5/31/2022 by Judge Michael J. McShane. (cp)
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Filing 71
Notice of Association of Attorney Aaron Hisel,Aaron Hisel for Officer Robert Johnston,Aaron Hisel for City of Salem. Filed by Officer Robert Johnston, City of Salem. (Hisel, Aaron)
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MINUTES of Proceedings: Scheduling Conference held. Estimated 5 day Jury Trial is set for 9/26/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Conference is set for 9/20/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Trial Management Order to issue. Kevin C. Brague present as counsel for plaintiff. Jennifer Gaddi present as counsel for defendants. Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (cp)
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Filing 70
Scheduling Order by Judge Michael J. McShane: Unopposed Motion for Extension of Time to Reschedule Trial Scheduling Conference #69 is granted. Scheduling Conference set for 4/5/2022 is reset for 4/19/2022 at 10:00AM in Eugene by telephone before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 69
Unopposed Motion for Extension of Time to Reschedule Trial Status Conference and Deadlines. Filed by City of Salem, Officer Robert Johnston. (Gaddis, Jennifer)
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Filing 68
Notice of Attorney Withdrawal: James G. Rice Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Gaddis, Jennifer)
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Filing 67
AMENDED Scheduling Order by Judge Michael J. McShane. Trial Scheduling Conference set for 4/7/2022 is reset for 4/5/2022 at 10:15AM in Eugene by telephone before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 66
Scheduling Order by Judge Michael J. McShane. Trial Scheduling Conference is set for 3/7/2022 at 10:15AM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in information by separate email. Ordered by Judge Michael J. McShane. (cp)
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Filing 65
Opinion and Order: Defendants' Motion for Summary Judgment #25 , is GRANTED in part and DENIED in part. Plaintiff's claims against individual Defendants Powers, Moore, and Ramirez are dismissed. Plaintiff's Monell and 1981 claims are dismissed. Plaintiff's state-law claim for IIED, as well as her battery and assault claims against Defendant Johnston, are dismissed. Summary judgment is denied as to Plaintiff's First and Fourth Amendment claims against Defendant Johnston, as well as Plaintiff's battery, assault, and negligence claims against the City of Salem. Signed on 3/21/2022 by Judge Michael J. McShane. (cp)
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Filing 64
MINUTES of Proceedings: Motion Hearing Held by videoconference regarding Motion for Summary Judgment #25 . Motion is taken under advisement as of 2/15/2022. Kevin Brague present as counsel for plaintiff. James Rice; Jennifer Gaddis present as counsel for defendants. Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (jk)
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Filing 63
Scheduling Order by Judge Michael J. McShane: Based upon the schedule of the Court, the Oral Argument regarding Motion for Summary Judgment #25 set for 1/27/2022 is reset for 2/15/2022 at 09:00AM in Eugene by video conference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 62
Notice of Change of Address. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Gaddis, Jennifer)
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Filing 61
Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Motion for Summary Judgment #25 is set for 1/27/2022 at 09:00AM in Eugene by videoconference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 60
Notice of Association of Attorney Jennifer Gaddis,James G. Rice for Officer Kevin Ramirez,James G. Rice for Officer Robert Johnston,James G. Rice for City of Salem,James G. Rice for Steve Powers,James G. Rice for Jerry Moore. Filed by Officer Kevin Ramirez, Officer Robert Johnston, City of Salem, Steve Powers, Jerry Moore. (Gaddis, Jennifer)
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Filing 59
Notice of Attorney Withdrawal: Gerald L. Warren Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Warren, Gerald)
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Filing 58
Supplemental Declaration of Gerald L. Warren In Support of Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Reply, #57 .) (Attachments: #1 Exhibit 10 to Warren Supplemental Declaration, #2 Exhibit 11 to Warren Supplemental Declaration) (Warren, Gerald)
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Filing 57
Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Response to Motion #48 .) (Warren, Gerald)
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Filing 56
Exhibits 1 and 2 to Declaration of Carrie Elmore #54 and Exhibits 13 and 14 to Declaration of Kevin Brague #55 . This filing includes a conventionally filed Flash Drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Eleaqia McCrae. (jw)
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Filing 55
Declaration of Kevin Brague in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Attachments: #1 Exhibit Depo Excerpt McCrae, #2 Exhibit Depo Excerpt Adams, #3 Exhibit Depo Excerpt Powers, #4 Exhibit Depo Exh. 01, #5 Exhibit Depo Exh. 02, #6 Exhibit Depo Excerpt Moore, #7 Exhibit Depo Excerpt Johnston, #8 Exhibit Depo Exh. 22, #9 Exhibit Depo Excerpt McFerron, #10 Exhibit Depo Excerpt Smith, #11 Exhibit Depo Excerpt Ramirez, #12 Exhibit Depo Excerpt VanMeter, #13 Exhibit Video, #14 Exhibit Video, #15 Exhibit Exhibit Chain of Command) (Brague, Kevin)
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Filing 54
Declaration of Carrie Elmore in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Attachments: #1 Exhibit Video to be provided, #2 Exhibit Video to be provided) (Brague, Kevin)
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Filing 53
Declaration of Hannah Vanderzee in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Brague, Kevin)
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Filing 52
Declaration of Elizabeth Pruden in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Brague, Kevin)
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Filing 51
Declaration of Abby Moore in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by Eleaqia McCrae. (Related document(s): Response to Motion #48 .) (Brague, Kevin)
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Filing 50
Declaration of Syvon Adams in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Brague, Kevin)
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Filing 49
Declaration of Eleaqia McCrae in Support of Plaintiff's Response to Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response to Motion #48 .) (Brague, Kevin)
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Filing 48
Response to Motion for Summary Judgment #25 Oral Argument requested. Filed by All Plaintiffs. (Brague, Kevin)
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Filing 47
ORDER: Granting Motion for Extension of Time to File Response to Motion for Summary Judgment. Response is due by 10/8/2021. Ordered by Judge Michael J. McShane. (cp)
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Filing 46
Motion for Extension of Time to File a Response/Reply to Defendants' Motion for Summary Judgment to Motion for Summary Judgment #25 . Expedited Hearing requested. Filed by All Plaintiffs. (Brague, Kevin)
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Filing 45
ORDER: Granting Motion for Extension of Time to File Response to Motion for Summary Judgment #25 and Granting Motion to File Excess Pages #44 . Response is due by 10/1/2021. Ordered by Judge Michael J. McShane. (cp)
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Filing 44
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #25 , Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Brague, Kevin)
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Filing 43
Declaration of Gerald L. Warren In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Warren Declaration, #2 Exhibit 2 to Warren Declaration, #3 Exhibit 3 to Warren Declaration, #4 Exhibit 4 to Warren Declaration, #5 Exhibit 5 to Warren Declaration, #6 Exhibit 6 to Warren Declaration, #7 Exhibit 7 to Warren Declaration, #8 Exhibit 8 to Warren Declaration, #9 Exhibit 9 to Warren Declaration) (Warren, Gerald)
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Filing 42
Declaration of Jason Van Meter In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Van Meter Declaration, #2 Exhibit 2 to Van Meter Declaration, #3 Exhibit 3 to Van Meter Declaration) (Warren, Gerald)
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Filing 41
Declaration of David Smith In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Smith Declaration) (Warren, Gerald)
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Filing 40
Declaration of Trevor Morrison In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Morrison Declaration) (Warren, Gerald)
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Filing 39
Declaration of Gerald Moore In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Moore Declaration) (Warren, Gerald)
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Filing 38
Declaration of Jeffrey Keniston In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Keniston Declaration) (Warren, Gerald)
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Filing 37
Declaration of Robert Johnston In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Johnston Declaration, #2 Exhibit 2 to Johnston Declaration, #3 Exhibit 3 to Johnston Declaration) (Warren, Gerald)
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Filing 36
Declaration of Jenny Coduti In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Coduti Declaration, #2 Exhibit 2 to Coduti Declaration) (Warren, Gerald)
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Filing 35
Declaration of Michael Adams In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Attachments: #1 Exhibit 1 to Adams Declaration, #2 Exhibit 2 to Adams Declaration) (Warren, Gerald)
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Filing 34
Declaration of Jacob Schofield In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 33
Declaration of Vincennt Salazar In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 32
Declaration of Kevin Ramirez In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 31
Declaration of Cort Kirksey In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 30
Declaration of Albert Hodges In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 29
Declaration of Jon Garland In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 28
Declaration of Grant Foster In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 27
Declaration of Tristan Ferrill In Support of Defendants' Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 26
Declaration of Joshua Buker In Support of Defendant's Motion for Summary Judgment. Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion for Summary Judgment #25 .) (Warren, Gerald)
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Filing 25
Motion for Summary Judgment . Filed by City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Warren, Gerald)
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Filing 24
ORDER: Granting Motion to File Excess Pages #22 . Ordered by Judge Michael J. McShane. (cp)
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Filing 23
Declaration of Gerald L. Warren in Support of Defendants' Unopposed Motion to Exceed Page and Word Limits. Filed by Chuck Bennett, City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Related document(s): Motion to File Excess Pages #22 .) (Warren, Gerald)
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Filing 22
Motion to File Excess Pages . Filed by Chuck Bennett, City of Salem, Jerry Moore, Officer Kevin Ramirez, Officer Robert Johnston, Steve Powers. (Warren, Gerald)
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Filing 21
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #19 . Dispositive Motions are due by 8/27/2021. Expert Disclosures are due 30 days after ruling on dispositive motions. Rebuttal Expert Disclosures are due 30 days after Disclosure Report. Ordered by Judge Michael J. McShane. (cp)
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Filing 20
Notice of Change of Address. Filed by All Plaintiffs. (Brague, Kevin)
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Filing 19
Unopposed Motion for Extension of Discovery & PTO Deadlines (Expert Report Disclosure). Filed by All Plaintiffs. (Brague, Kevin)
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Filing 18
Answer to #16 Amended Complaint with Jury Demand . Filed by Officer Kevin Ramirez, Officer Robert Johnston, City of Salem, Steve Powers, Jerry Moore. (Gaddis, Jennifer)
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Filing 17
Waiver of Service of Summons Returned Executed by Officer Robert Johnston waiver sent on 6/2/2021. Filed by All Plaintiffs. (Brague, Kevin)
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Filing 16
First Amended Complaint . Filed by Eleaqia McCrae against City of Salem, Jerry Moore, Steve Powers, Officer Ramirez, Robert Johnston. (Brague, Kevin)
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Filing 15
ORDER: Denying Motion for Extension of Discovery & PTO Deadlines #14 . Amended Complaint is due 5/28/2021. Ordered by Judge Michael J. McShane. (plb)
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Filing 14
Unopposed Motion for Extension of Discovery & PTO Deadlines . Expedited Hearing requested. Filed by All Plaintiffs. (Brague, Kevin)
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Filing 13
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #12 . Amended Complaint is due 4/26/2021. Ordered by Judge Michael J. McShane. (plb)
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Filing 12
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Brague, Kevin)
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Filing 11
Scheduling Order by Judge Michael J. McShane: Based upon the joint status report of the parties, Amended Complaint is due 2/26/2021. Discovery is to be completed by 6/30/2021. Dispositive Motions are due by 8/27/2021. Expert Disclosures are due by 7/30/2021. Joint ADR Report is due 30 days after ruling on dispositive motions. In the event the parties have a discovery dispute, they are directed to email charlene_pew@ord.uscourts.gov and give a short description of the dispute prior to filing any discovery motions. Ordered by Judge Michael J. McShane. (cp)
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Filing 10
ORDER: Granting Motion for a Stipulated Protective Order #8 . Signed on 10/15/2020 by Judge Michael J. McShane. (cp)
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Filing 9
ORDER: Granting Motion for a Stipulated Protective Order #7 . Signed on 10/15/2020 by Judge Michael J. McShane. (cp)
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Filing 8
Stipulated Motion for Protective Order . Filed by City of Salem, Jerry Moore, Steve Powers, Officer Ramirez. (Warren, Gerald)
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Filing 7
Stipulated Motion for Protective Order (HIPAA). Filed by City of Salem, Jerry Moore, Steve Powers, Officer Ramirez. (Warren, Gerald)
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Filing 6
Answer to #1 Complaint with Jury Demand . Filed by Officer Ramirez, Steve Powers, City of Salem, Jerry Moore. (Warren, Gerald)
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Filing 5
Notice of Dismissal of Party Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 4
Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 3
Waiver of Service of Summons Returned Executed by Chuck Bennett waiver sent on 9/15/2020; City of Salem waiver sent on 9/15/2020; Jerry Moore waiver sent on 9/15/2020; Steve Powers waiver sent on 9/15/2020; Officer Ramirez waiver sent on 9/15/2020. Waiver Filed by Eleaqia McCrae. (Brague, Kevin)
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Filing 2
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/30/2020. Joint Alternate Dispute Resolution Report is due by 1/29/2021. Pretrial Order is due by 1/29/2021. Ordered by Judge Michael J. McShane. (jw)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7176345 Jury Trial Requested: Yes. Filed by Eleaqia McCrae against All Defendants (Attachments: #1 Civil Cover Sheet). (Brague, Kevin)
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