New Cingular Wireless PCS, LLC v. Lane County, Oregon
| New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility and New Cingular Wireless PCS, LLC a Delaware limited liability company doing business as AT&T Mobility |
| Lane County, Oregon |
| 6:2022cv01635 |
| October 25, 2022 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1 |
| Defendant |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 47
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held via videoconference on 10/17/23 before Judge Mustafa T. Kasubhai, Transcriber Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the transcriber or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/6/2023. Redaction Request due 11/20/2023. Redacted Transcript Deadline set for 11/30/2023. Release of Transcript Restriction set for 1/29/2024. (Humiston, Kellie)
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Filing 46
JUDGMENT signed on 10/25/2023 by Magistrate Judge Mustafa T. Kasubhai: Based on the record, judgment in favor of Defendant. (jk)
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Filing 45
Opinion and Order signed on 10/25/2023 by Magistrate Judge Mustafa T. Kasubhai: Defendant's motion for summary judgment (ECF No. #24 ) is GRANTED. Plaintiff's motion for summary judgment (ECF No. #26 ) is DENIED. (jk)
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Filing 44
MINUTES of Proceedings: Motion Hearing held by videoconference before Magistrate Judge Mustafa T. Kasubhai regarding Motion for Summary Judgment #24 and Motion for Summary Judgment #26 . The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Opinion to follow. Aaron Shank - by phone, Raymond Bolanos - by phone present as counsel for plaintiff. Nancy Werner, Erin Pettigrew - by phone, Rebekah Dohrman - by phone present as counsel for defendant. Court Reporter: FTR - Courtroom 3. (ck)
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Filing 43
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #42 requested by attorney Aaron M Shank. (jk)
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Filing 42
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aaron M Shank. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9111848. Expedited Hearing requested. Filed by New Cingular Wireless PCS, LLC. (Shank, Aaron)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aaron M Shank. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9111848 #42 : Reviewed and Ready for Ruling. (jw)
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Filing 41
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: At the request of counsel, Oral Argument regarding Motion for Summary Judgment #24 , and Motion for Summary Judgment #26 set for 9/19/2023 is reset for 10/17/2023 at 01:00PM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to connect to the Court's conference line at least 5 minutes prior to the scheduled hearing. Connection information previously sent by separate order on 7/25/2023. (jk)
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Filing 40
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Oral Argument regarding Motion for Summary Judgment #24 , and Motion for Summary Judgment #26 is set for 9/19/2023 at 09:00AM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to connect to the Court's conference line at least 5 minutes prior to the scheduled hearing. Connection information will be sent by separate order. (jk)
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Filing 39
Notice of Appearance of Brandon Renken appearing on behalf of New Cingular Wireless PCS, LLC., Notice of Attorney Substitution: Brandon Renken is substituted as counsel of record in place of Attorney Robert Double . Filed by on behalf of New Cingular Wireless PCS, LLC. (Renken, Brandon)
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Filing 38
Declaration of Raymond P. Bolanos . Filed by New Cingular Wireless PCS, LLC. (Related document(s): Reply to Motion #37 .) (Bolanos, Raymond)
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Filing 37
Reply to Motion for Summary Judgment #26 Oral Argument requested. Filed by New Cingular Wireless PCS, LLC. (Bolanos, Raymond)
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Filing 36
Reply to Motion for Summary Judgment #24 Oral Argument requested. Filed by Lane County, Oregon. (Werner, Nancy)
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Filing 35
Exhibits re Declaration #32 . Filed by Lane County, Oregon. (Werner, Nancy)
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Filing 34
Response in Opposition to Motion for Summary Judgment #24 Oral Argument requested. Filed by New Cingular Wireless PCS, LLC. (Bolanos, Raymond)
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Filing 33
Declaration of Rebekah Dohrman in Opposition to Plaintiff's Motion for Summary Judgment. Filed by Lane County, Oregon. (Related document(s): Response in Opposition to Motion #31 .) (Werner, Nancy)
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Filing 32
Declaration of Taylor Carsley . Filed by Lane County, Oregon. (Related document(s): Response in Opposition to Motion #31 .) (Werner, Nancy)
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Filing 31
Response in Opposition to Motion for Summary Judgment #26 Oral Argument requested. Filed by Lane County, Oregon. (Werner, Nancy)
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Filing 30
Declaration of Debra Griffin . Filed by New Cingular Wireless PCS, LLC. (Related document(s): Motion for Summary Judgment #26 .) (Bolanos, Raymond)
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Filing 29
Declaration of M. Samsul Bujang . Filed by New Cingular Wireless PCS, LLC. (Related document(s): Motion for Summary Judgment #26 .) (Bolanos, Raymond)
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Filing 28
Declaration of Raymond P. Bolanos . Filed by New Cingular Wireless PCS, LLC. (Related document(s): Motion for Summary Judgment #26 .) (Bolanos, Raymond)
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Filing 27
Declaration of Oday Alshaikhli . Filed by New Cingular Wireless PCS, LLC. (Related document(s): Motion for Summary Judgment #26 .) (Bolanos, Raymond)
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Filing 26
Motion for Summary Judgment . Oral Argument requested. Filed by New Cingular Wireless PCS, LLC. (Bolanos, Raymond)
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Filing 25
Declaration of Rebekah Dohrman . Filed by Lane County, Oregon. (Related document(s): Motion for Summary Judgment #24 .) (Werner, Nancy)
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Filing 24
Motion for Summary Judgment . Oral Argument requested. Filed by Lane County, Oregon. (Werner, Nancy)
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Filing 23
Notice of Appearance of Erin Pettigrew, Nancy Werner, Rebekah Dohrman appearing on behalf of Lane County, Oregon., Notice of Attorney Substitution: Erin Pettigrew, Nancy Werner, Rebekah Dohrman is substituted as counsel of record in place of Attorney Sebastian Tapia . Filed by on behalf of Lane County, Oregon. (Pettigrew, Erin)
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Filing 22
Notice of Attorney Withdrawal: of Hans J. Germann Filed by New Cingular Wireless PCS, LLC. (Double, Robert)
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Filing 21
MINUTES of Proceedings: Rule 16 Conference by telephone. Discovery is to be completed by 4/1/2023. Dispositive Motions are due by 6/1/2023. The Court will set further deadlines in this action following its ruling on the parties' anticipated motions for summary judgment, if necessary. Hans Germann present as counsel for plaintiff. Sebastian Tapia present as counsel for defendant. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
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Filing 20
Notice of Change of Address. Filed by New Cingular Wireless PCS, LLC. (Double, Robert)
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Filing 19
Joint Rule 26(f) Report and Discovery Plan . Filed by New Cingular Wireless PCS, LLC. (Double, Robert)
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Filing 18
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (jw)
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Filing 17
Fed. R. Civ. P. 26(a)(1) Agreement . Filed by New Cingular Wireless PCS, LLC. (Double, Robert)
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Filing 16
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 15
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 14
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 12/13/2022 at 10:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the Court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. All deadlines are VACATED and will be reset at the Rule 16 Conference. Pronoun Usage: The parties and counsel are encouraged to advise the Court of their pronouns and honorifics (such as Ms., Mx., or Mr.). People appearing before this Court may provide their pronouns and honorifics in writing or orally when appearing for conferences, hearings, or trials. Attorneys are encouraged to identify their pronouns and honorifics in their signature lines when submitting documents for filing. Parties and counsel are instructed to address each other in all written documents and court proceedings by those previously identified pronouns and honorifics. (jk)
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Filing 13
Answer to #1 Complaint, with Jury Demand . Filed by Lane County, Oregon. (Tapia, Sebastian)
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Filing 12
Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-8712833. The request has been granted and the amount of $300.00 will be refunded to Nicholas von Dinger Related Doc #11 Request for Refund of Fees Paid Electronically,. (nd)
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Filing 11
Request for Refund of Fees Paid Electronically regarding Refund Request Due, 9 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Hans J. Germann. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8712833 #7 . Filed by New Cingular Wireless PCS, LLC. (Double, Robert)
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Filing 10
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Hans J. Germann #7 and GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Raymond Bolanos #8 . (jk)
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Filing 9
A duplicate payment in the amount of $300.00.00 was submitted by New Cingular Wireless PCS, LLC in the above-referenced case. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court's website. Refund Request is Due 11/17/2022. (nd)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Raymond Bolanos. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8713177 #8 : Reviewed and Ready for Ruling. (ck)
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Filing 8
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Raymond Bolanos. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8713177. Filed by New Cingular Wireless PCS, LLC. (Bolanos, Raymond)
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Filing 7
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Hans J. Germann. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8712833. Filed by New Cingular Wireless PCS, LLC. (Germann, Hans)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Hans J. Germann. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-8712833 #7 : Reviewed and Ready for Ruling. (jw)
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Filing 6
Return of Service Executed as to Lane County, Oregon served on 10/27/2022, answer due on 11/17/2022. (Double, Robert)
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Filing 5
Case Management Order signed on 10/26/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 4
Summons Issued Electronically as to Lane County, Oregon. 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. (jw)
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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 2/23/2023. Joint Alternate Dispute Resolution Report is due by 3/27/2023. Pretrial Order is due by 3/27/2023. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jw)
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Filing 2
Corporate Disclosure Statement . Filed by New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility. (Double, Robert)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8700644 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility against Lane County, Oregon (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Double, Robert)
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| Plaintiff: New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility | |
| Represented By: | Robert Double |
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| Plaintiff: New Cingular Wireless PCS, LLC a Delaware limited liability company doing business as AT&T Mobility | |
| Represented By: | Raymond Bolanos |
| Represented By: | Robert Double |
| Represented By: | Hans J. Germann |
| Represented By: | Brandon Renken |
| Represented By: | Aaron M Shank |
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| Defendant: Lane County, Oregon | |
| Represented By: | Sebastian Tapia |
| Represented By: | Erin Pettigrew |
| Represented By: | Nancy Werner |
| Represented By: | Rebekah Dohrman |
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