Walker v. American Red Cross et al
| Jerry L. Walker |
| Related Entities, Organizations, and Individuals and American Red Cross |
| 6:2020cv01755 |
| October 13, 2020 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. ยง 12101 |
| None |
Docket Report
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Filing 14
ORDER: Denying Motion for a Preliminary Injunction #10 . Formal Written Opinion to follow. Ordered by Judge Ann L. Aiken. (ck)
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Filing 13
Answer to the Honorable Judge Ann L. Aiken's Order Issued on 10/13/2020 . Filed by Jerry L. Walker. (jw)
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Filing 12
ORDER: Plaintiff has provided materials to the District Clerk for conventional filing related to his motion for injunctive relief. Magistrate Judge Kasubhai has granted plaintiff electronic filing privileges in this case. #6 . Plaintiff is reminded that he should file all documents electronically in the future. Given the time sensitive nature of the present filings, however, the Court orders that the Clerk shall conventionally file the submitted materials on the docket. Ordered by Judge Ann L. Aiken. (ck)
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Filing 11
ORDER by Magistrate Judge Mustafa T. Kasubhai: Motion to Amend Complaint and Request for Injunction #9 , and Motion for Preliminary Injunction #10 are referred to Judge Ann L. Aiken. (jk)
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Filing 10
Motion for Preliminary Injunction (Titled "Plaintiff's Unapposed Motion for Temporary Injunctive Order and Issuance of Cease and Desist to Defendant.") Expedited Hearing requested. Filed by Jerry L. Walker. (Attachments: #1 Exhibit C to Affidavit, #2 Affidavit (titled "Affidavit & Sworn Statement in Support of Plaintiff's Unapposed Motion for Temporary Injunctive Order and Issuance of Cease and Desist to Defendant in Relation to Exhibit C"), #3 Exhibit D to Affidavit, #4 Affidavit (titled "Affidavit & Sworn Statement in Support of Plaintiff's Unapposed Motion for Temporary Injunctive Order and Issuance of Cease and Desist to Defendant in Relation to Exhibit D") , #5 Exhibit E) (jw)
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Filing 9
Motion to Amend Complaint and Request for Injunction #1 , Appendix A, Exhibit C, and Exhibit D. Filed by Jerry L. Walker. (jw)
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Filing 8
Motion for Appointment of Pro Bono Counsel. Filed by Jerry L. Walker. (jw) (Main Document 8 replaced on 10/20/2020, with a text searchable version of the document) (cw).
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Filing 7
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (jw) (Main Document 7 replaced on 10/20/2020, with a text searchable version of the document) (cw).
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Filing 6
ORDER: Granting #5 Application for CM/ECF Registration as a Self-Represented Party. Signed on 10/16/2020 by Magistrate Judge Mustafa T. Kasubhai. (ck)
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Filing 5
Application for CM/ECF Registration as a Self-Represented Party. Filed by Jerry L. Walker. (ck)
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Filing 4
ORDER: The Court has received plaintiff's Complaint and Request for Injunction #1 . An injunction is a court order "directed to a party, enforceable by contempt, and designed to accord or protect some or all of the substantive relief sought by a complaint in more than temporary fashion." 16 CHARLES ALAN WRIGHT, ARTHUR R. MILLER & EDWARD H. COOPER, FEDERAL PRACTICE AND PROCEDURE 3922 (3d ed. 2012). Under Federal Rule of Civil Procedure 65, a court may issue an injunction either before or after the court rules on the merits of a party's claims. Injunctions available before a ruling on the merits include preliminary injunctions and temporary restraining orders. Fed. R. Civ. P. 65(a), (b). A preliminary injunction requires notice to the opposing party and an opportunity for that party to be heard and may last until the court rules on the merits. A temporary restraining order may be issued without notice to the opposing party and generally lasts only until the parties appear for a hearing on a motion for preliminary injunction. Either form of early injunction is an "extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief[,]" which generally requires a plaintiff to show that (1) they are likely to succeed on the merits, (2) they are likely to suffer irreparable harm without preliminary relief, (3) the balance of equities tips in their favor, and (4) an injunction is in the public interest. Winter v. Natural Res. Def. Council, 555 U.S. 7, 22 (2008). Here, plaintiff's Complaint and Request for Injunction seeks an injunction prohibiting defendants from engaging in twelve discrete activities, but does not specify the timing for the injunction. Doc. #1 at 6. Plaintiff is ORDERED to file a response within thirty (30) days of this Order, clarifying whether he seeks a form of preliminary injunctive relief, an injunction should he ultimately succeed on the merits of his claims, or both. If plaintiff intends to seek preliminary relief, his response should also explain why he is entitled to that extraordinary remedy, as the Court would likely deny any request for preliminary injunctive relief based on plaintiff's current filings for failing to make the showing required under Winter. This Order does not stay Judge Kasubhai's consideration of plaintiff's pending Application for Leave to Proceed IFP #2 . Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 10/13/2020.) (ck)
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Filing 3
Notice of Case Assignment: This case is assigned to Magistrate Judge Mustafa T. Kasubhai. (Mailed to Pro Se party on 10/13/2020.) (jw)
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Filing 2
Application for Leave to Proceed IFP. Filed by Jerry L. Walker. (jw)
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Filing 1
Complaint and Request for Injunction . IFP Pending. Jury Trial Requested: No. Filed by Jerry L. Walker against American Red Cross, Related Entities, Organizations, and Individuals (Attachments: #1 Appendix A, #2 Exhibit A, #3 Exhibit B). (jw) (Additional attachment(s) added on 10/19/2020: #4 Civil Cover Sheet) (jw).
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