Linthicum et al v. Wagner et al
| Dennis Linthicum, Rejeana Jackson, Klamath County Republican Central Committee, Brian J. Boquist, John Swanson, Polk County Republican Central Committee, Cedric Hayden, John Large and Lane County Republican Central Committee |
| Rob Wagner and Lavonne Griffin-Valade |
| ACLU of Oregon |
| 6:2023cv01624 |
| November 6, 2023 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 27
Transcript Designation and Order Form for the hearing held on 12/12/2023 before Judge Ann L. Aiken. Court Reporter: Dennis Apodaca. regarding Notice of Appeal - Preliminary Injunction #24 . Filed by All Plaintiffs. Transcript is due by 1/26/2024. (Jones, Elizabeth)
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USCA Case Number and Notice confirming Docketing Record on Appeal regarding Notice of Appeal - Preliminary Injunction #24 . Case Appealed to Ninth Circuit, Case Number 23-4292 assigned. (bd)
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Filing 26
ORDER: Granting Joint Motion for Stay #25 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 25
Joint Motion for Stay . Filed by All Defendants. (Marshall, Brian)
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Filing 24
Notice of Appeal to the 9th Circuit-Preliminary Injunction Appeal Filing fee $605 collected; Agency Tracking ID: AORDC-9201065. Filed by Brian J. Boquist, Dennis Linthicum. (Jones, Elizabeth)
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Filing 23
OPINION AND ORDER: The Court concludes that Plaintiffs have failed to carry their burden to establish the requisite elements by a clear showing. The Court therefore declines to issue the requested injunction and Plaintiffs' Motion for a Preliminary Injunction #2 is DENIED. Signed on 12/13/2023 by Judge Ann L. Aiken. (ck)
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Filing 22
MINUTES of Proceedings: Telephonic Oral Argument held before Judge Ann L. Aiken regarding Motion for Preliminary Injunction #2 . The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Opinion to follow. Elizabeth Jones, Vance Day present as counsel for plaintiffs. Thomas Castelli, Anuradha Sawkar, Brian Marshall present as counsel for defendants. Court Reporter: Dennis Apodaca. (ck)
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Filing 21
OPINION AND ORDER: GRANTING ACLU of Oregon's Motion for Leave to Appear as Amici Curiae #19 . Signed on 12/12/2023 by Judge Ann L. Aiken. (ck)
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Filing 20
Memorandum in Opposition to Motion for Preliminary Injunction #2 . Filed by ACLU of Oregon. (Isaak, Misha) Modified on 12/11/2023 to correct filer (ecp).
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Filing 19
Motion for Leave to Appear as Amici Curiae. Expedited Hearing requested. Filed by ACLU of Oregon. (Isaak, Misha) Modified on 12/11/2023 to correct filer (ecp).
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Filing 18
Reply to Motion for Preliminary Injunction #2 . Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Jones, Elizabeth)
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Filing 17
Declaration of Anuradha Sawkar in support of Defendants' Response to Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #16 .) (Attachments: #1 Attachment 1 - Investigator's Final Report re Sen. Wagner, excerpt, #2 Attachment 2 - Senate Journal 2023 - excerpts, #3 Attachment 3 - OR State Senate Member Request to Be Excused) (Sawkar, Anuradha)
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Filing 16
Response to Motion for Preliminary Injunction #2 . Filed by All Defendants. (Marshall, Brian)
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Filing 15
Notice of Appearance of Anuradha Sawkar appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Sawkar, Anuradha)
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Filing 14
Waiver of Service of Summons Returned Executed by Lavonne Griffin-Valade waiver sent on 11/15/2023. Filed by All Plaintiffs. (Jones, Elizabeth)
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Filing 13
Waiver of Service of Summons Returned Executed by Rob Wagner waiver sent on 11/08/2023. Filed by All Plaintiffs. (Jones, Elizabeth) Modified on 11/21/2023 to correct the date Waiver was sent. NEF regenerated. (le)
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Filing 12
Scheduling Order regarding Motion for Preliminary Injunction #2 : Response is due by 11/22/2023. Reply is due by 11/29/2023. Motion Hearing is set for 12/12/2023 at 09:30AM in Eugene by telephone before Judge Ann L. Aiken. Motion is taken under advisement as of 12/12/2023. Ordered by Judge Ann L. Aiken. (ck)
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Filing 11
Notice of Appearance of Brian Simmonds Marshall, Thomas H. Castelli appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Marshall, Brian)
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Filing 10
Summons Issued Electronically as to Rob Wagner. 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)
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Filing 9
Summons Issued Electronically as to Lavonne Griffin-Valade. 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)
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Filing 8
Notice of Case Assignment to Judge Ann L. Aiken 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 3/6/2024. Joint Alternate Dispute Resolution Report is due by 4/5/2024. Pretrial Order is due by 4/5/2024. Ordered by Judge Ann L. Aiken. (bd)
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Filing 7
CASE MANAGEMENT ORDER. Signed on 11/6/2023 by Judge Ann L. Aiken. (ck)
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Filing 6
Declaration of John Swanson In Support of Plaintiffs' Motion for Preliminary Injunction. Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Related document(s): Motion for Preliminary Injunction, #2 .) (Jones, Elizabeth)
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Filing 5
Declaration of Rejeana Jackson In Support of Plaintiffs' Motion for Preliminary Injunction. Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Related document(s): Motion for Preliminary Injunction, #2 .) (Jones, Elizabeth)
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Filing 4
Declaration of Brian J. Boquist In Support of Plaintiffs' Motion for Preliminary Injunction. Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Related document(s): Motion for Preliminary Injunction, #2 .) (Attachments: #1 Exhibit 1 to Boquist Declaration, #2 Exhibit 2 to Boquist Declaration, #3 Exhibit 3 to Boquist Declaration, #4 Exhibit 4 to Boquist Declaration, #5 Exhibit 5 to Boquist Declaration) (Jones, Elizabeth)
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Filing 3
Declaration of Dennis Linthicum In Support of Plaintiffs' Motion for Preliminary Injunction. Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Related document(s): Motion for Preliminary Injunction, #2 .) (Attachments: #1 Exhibit 1 to Linthicum Declaration, #2 Exhibit 2 to Linthicum Declaration, #3 Exhibit 3 to Linthicum Declaration) (Jones, Elizabeth)
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Filing 2
Motion for Preliminary Injunction . Filed by Brian J. Boquist, Cedric Hayden, Rejeana Jackson, Klamath County Republican Central Committee, Lane County Republican Central Committee, John Large, Dennis Linthicum, Polk County Republican Central Committee, John Swanson. (Jones, Elizabeth)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-9142870 Jury Trial Requested: No. Filed by Lane County Republican Central Committee, Klamath County Republican Central Committee, John Large, Rejeana Jackson, Dennis Linthicum, Polk County Republican Central Committee, John Swanson, Brian J. Boquist, Cedric Hayden against Lavonne Griffin-Valade, Rob Wagner (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Jones, Elizabeth)
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