Moore et al v. City of Eugene et al
| Jeanne Marie Moore and Luther Greulich |
| City of Eugene and Oregon Department of Transportation |
| 6:2021cv01293 |
| August 31, 2021 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 41 Declaration of Jackie L. Macy in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 , Reply to Motion for Temporary Restraining Order Motion for Preliminary Injunction #38 .) (Attachments: #1 Exhibit ADA Report on Eugene Construction Sites) (Steinman, Dennis) Modified on 10/22/2021 to update docket text and correct document links. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 40 Supplemental Declaration of Don Kostelec in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 , Reply to Motion for Temporary Restraining Order Motion for Preliminary Injunction #38 .) (Steinman, Dennis) Modified on 10/22/2021 to update docket text and correct document links. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 39 Supplemental Declaration of Jeanne Marie Moore in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 , Reply to Motion for Temporary Restraining Order Motion for Preliminary Injunction #38 .) (Steinman, Dennis) Modified on 10/22/2021 to update docket text and correct document links. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 38 Reply to Motion for Temporary Restraining Order Motion for Preliminary Injunction #7 , Motion to Strike #32 , and City of Eugene's Response #33 . Filed by All Plaintiffs. (Steinman, Dennis) Modified on 10/22/2021 to add document link. Notice of Electronic Filing regenerated to the parties. (jw) |
Filing 37
Scheduling Order by Judge Ann L. Aiken. The Answer deadline of 10/22/2021 and consideration of the Motion for TRO is STAYED until the conclusion of settlement discussions. Ordered by Judge Ann L. Aiken. (ck)
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Filing 36
ORDER: Granting Motion for Extension of Time to Answer #24 ; Granting Motion for Extension of Time to Answer #26 . Answers are due by 10/22/2021. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 35 Notice of Correction by Clerk regarding Response to Motion #33 . A Clerical error has been discovered in the case record: The incorrect event was used. The following corrections were made to the record: The incorrect event was selected at filing, the event has been changed and docket text has been corrected. The Notice of Electronic Filing will be regenerated to all parties. (bd) |
| Filing 34 Declaration of Jenifer Willer in Support of City of Eugene's Response to Plaintiffs' Temporary Restraining Order and/or Preliminary Injunction. Filed by City of Eugene. (Related document(s): Response to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion to Strike #33 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Morrow, Kimberlee) Modified on 10/8/2021 to correct document link. NEF not regenerated. (bd) |
| Filing 33 Defendant City of Eugene's Response to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion to Strike #7 . Oral Argument requested. Filed by City of Eugene. (Morrow, Kimberlee) Modified on 10/8/2021 to correct event selection and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 32 Motion to Strike References to Settlement Correspondence and Kostelec Declaration and Reports. Filed by Oregon Department of Transportation. (Karpinski, Seth) |
| Filing 31 Declaration of David Morrissey In Support of ODOT's Response In Opposition to Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by Oregon Department of Transportation. (Related document(s): Response in Opposition to Motion #28 .) (Karpinski, Seth) |
| Filing 30 Declaration of Mike Kimlinger In Support of ODOT's Response In Opposition to Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by Oregon Department of Transportation. (Related document(s): Response in Opposition to Motion #28 .) (Karpinski, Seth) |
| Filing 29 Declaration of Tiffany Hamilton In Support of ODOT's Response In Opposition to Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by Oregon Department of Transportation. (Related document(s): Response in Opposition to Motion #28 .) (Karpinski, Seth) |
| Filing 28 Response in Opposition to Motion for Temporary Restraining Order Motion for Preliminary Injunction #7 . Filed by Oregon Department of Transportation. (Karpinski, Seth) |
| Filing 27 Declaration of Seth T. Karpinski In Support of ODOT's Motion to Extend Time to File Answer to Plaintiff's Complaint. Filed by Oregon Department of Transportation. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #26 .) (Karpinski, Seth) |
| Filing 26 Motion for Extension of Time to Answer Complaint, #1 . Filed by Oregon Department of Transportation. (Karpinski, Seth) |
| Filing 25 Declaration of Blake Fry in Support of Defendant Eugene's Motion for Extension of Time to Answer Plaintiff's Complaint. Filed by City of Eugene. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #24 .) (Fry, Blake) Modified on 10/5/2021 to update docket text. NEF not regenerated. (bd) |
| Filing 24 Motion for Extension of Time to Answer Complaint #1 . Filed by City of Eugene. (Fry, Blake) Modified on 10/5/2021 to create document link and update docket text. NEF not regenerated. (bd) |
| Filing 23 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 22 Notice of Appearance of Seth T. Karpinski appearing on behalf of Oregon Department of Transportation. Filed by Oregon Department of Transportation. (Karpinski, Seth) |
| Filing 21 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court GRANTS #18 Motion for Extension of Time to File Response/Reply to Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 . Response is due by 10/7/2021. Motion is taken under advisement as of 10/25/2021. The Court refers this case to Magistrate Judge (Ret.) Thomas M. Coffin for a settlement conference. The parties are directed to contact Paul Bruch at Paul_Bruch@ord.uscourts.gov or (541) 431-4111 to schedule the conference. Dennis Steinman, Scott Aldworth present as counsel for plaintiffs. Ben Miller, Seth Karpinski, Kimberlee Morrow, Nathan Riemersma present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
| Filing 20 Response in Opposition to Motion for Extension of Time to File a Response/Reply Defendants Joint Motion to Extend the Time to Respond to Plaintiffs Motion for a Temporary Restraining Order and/or a Preliminary Injunction to Motion for Temporary Restraining Order < #18 . Filed by All Plaintiffs. (Steinman, Dennis) |
| Filing 19 Declaration of Kimberlee C. Morrow in Support of Defendants Joint Motion to Extend the Time to Respond to Plaintiffs Motion for a Temporary Restraining Order and/or a Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #18 .) (Morrow, Kimberlee) |
| Filing 18 Motion for Extension of Time to File a Response/Reply Defendants Joint Motion to Extend the Time to Respond to Plaintiffs Motion for a Temporary Restraining Order and/or a Preliminary Injunction to Motion for Temporary Restraining Order Motion for Preliminary Injunction #7 . Filed by All Defendants. (Morrow, Kimberlee) |
| Filing 17 Notice of Correction by Clerk regarding #15 Affidavit of Service. A Clerical error has been discovered in the case record: The document was missing a case caption cover page. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) |
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Filing 16
Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 9/20/2021 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 15 Affidavit of Service of Summons Issued #5 , Summons Issued, #6 , Proposed Summons #4 upon All Defendants Filed by All Plaintiffs. (Steinman, Dennis) (Main Document 15 replaced on 9/16/2021) (cw). |
| Filing 14 Exhibit 3 re Declaration #10 (Titled "Exhibit 3 to the Declaration of Dennis Steinman in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction"). This filing includes a conventionally filed CD. 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 Luther Greulich, Jeanne Marie Moore. (bd) |
| Filing 13 Exhibit 2 re Declaration #11 (Titled "Exhibit 2 to the Declaration of Don Kostelec in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction"). This filing includes a conventionally filed CD. 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 Luther Greulich, Jeanne Marie Moore. (bd) |
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Filing 12
ORDER by Magistrate Judge Mustafa T. Kasubhai: Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 is referred to Judge Ann L. Aiken. (jk)
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| Filing 11 Declaration of Don Kostelec in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit the report I prepared regarding work zones in the City of Eugene, #2 Exhibit Exhibit 2 to the Declaration of D. Kostelec iso Plaintiffs' Motion for TRO and/or Preliminary Injunction; CD of videos referenced in Don Kostelec's report will be mailed to all defendants, the Clerk's Office, and to Judge Kasubhai) (Steinman, Dennis) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 10 Declaration of Dennis Steinman in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit Oregon Department of Transportation, Local Agency Certification Program, Supplemental Project Agreement No. 31816, South Willamette Street Enhancement (Eugene), dated February 3, 2017, #2 Exhibit Tort Claim Notice and enclosures sent from Dennis Steinman to Defendants, dated February 1, 2021, #3 Exhibit Exhibit 3 to the Declaration of D. Steinman iso Plaintiffs' Motion for TRO and/or Preliminary Injunction; CD to be mailed to all defendants, the Clerk's Office, and Judge Kasubhai, #4 Exhibit Letter and enclosures from Dennis Steinman to Ben Miller and Seth Karpinski, dated April 6, 2021, #5 Exhibit Email from Dennis Steinman to Ben Miller and Seth Karpinski, dated April 29, 2021, #6 Exhibit Report prepared by Jackie Macy, Certified Orientation & Mobility Specialist, dated April 9, 2021, #7 Exhibit Letter from Seth Karpinski to Dennis Steinman, dated June 4, 2021, #8 Exhibit Letter from Ben Miller to Dennis Steinman, dated June 14, 2021, #9 Exhibit Parts 6D.01 and 6D.02 of the Manual on Uniform Traffic Control Devices) (Steinman, Dennis) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 9 Declaration of Luther Greulich in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 .) (Steinman, Dennis) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 8 Declaration of Jeanne Marie Moore in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, Motion for Preliminary Injunction #7 .) (Steinman, Dennis) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 7 Motion for Temporary Restraining Order , Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Steinman, Dennis) |
| Filing 6 Summons Issued Electronically as to Oregon Department of Transportation. 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. (bd) |
| Filing 5 Summons Issued Electronically as to City of Eugene. 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. (bd) |
| Filing 4 Proposed Summons Filed by All Plaintiffs. (Steinman, Dennis) |
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Filing 3
Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai 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 12/30/2021. Joint Alternate Dispute Resolution Report is due by 1/31/2022. Pretrial Order is due by 1/31/2022. Ordered by Magistrate Judge Mustafa T. Kasubhai. (bd)
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Filing 2
Case Management Order signed on 9/1/2021 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8214679 Jury Trial Requested: Yes. Filed by Jeanne Marie Moore against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Steinman, Dennis) |
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