Kennedy v. City of Roseburg, Oregon et al
| Jonathan Kennedy |
| City of Roseburg, Oregon, Gary Kopfenstein, James Forrester, Cody Walton, Sean Donnelly, David Fregoso, Mariah Holcomb, Jane Doe and Commonspirit Oregon an Oregon nonprofit corporation doing business as CHI Mercy Health - Mercy Medical Center doing business as Mercy Medical Center |
| 6:2025cv02264 |
| December 5, 2025 |
| U.S. District Court for the District of Oregon |
| Amy E Potter |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 22, 2026. A more recent docket listing may be available from PACER.
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| Filing 48 Notice of Settlement - Second Update Filed by James Forrester. (Yium, Matthew) |
| Filing 47 Notice of Settlement - Updated Filed by James Forrester. (Yium, Matthew) |
| Filing 46 MINUTES of Proceedings: Oral Argument regarding Motion to Dismiss for Failure to State a Claim #22 held before Magistrate Judge Amy E. Potter. The Court takes the matter under advisement. Formal written Findings and Recommendation to follow. Joy Bertrand, Mary Sofia (by video) present as counsel for plaintiff. Jennifer Oetter, Robert Franz, Jr. (by video), Rebeca Plaza (by video), Thomas Armosino (by phone) present as counsel for defendants. Court Reporter: Lindsey Weresch. (ck) |
| Filing 45 Notice of Settlement Filed by Jonathan Kennedy. (Bertrand, Joy) |
| Filing 44 Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim #30 Oral Argument requested. Filed by James Forrester. (Yium, Matthew) |
Filing 43
ORDER: Granting #42 Unopposed Motion for Extension of Time to File Response/Reply to #30 . Reply is due by 4/28/2026. Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 42 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim #30 . Filed by James Forrester. (Attachments: #1 Proposed Order) (Yium, Matthew) |
| Filing 41 Response to Motion to Strike Motion to Dismiss for Failure to State a Claim #30 Oral Argument requested. Filed by Jonathan Kennedy. (Attachments: #1 Exhibit Declaration of Mary Sofia with Attachments) (Bertrand, Joy) |
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Filing 40
ORDER: Granting #39 Second Unopposed Motion for Extension of Time to File Response/Reply to #30 . Response is due by 4/10/2026. Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 39 Second Motion for Extension of Time to File a Response/Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim #30 . Filed by Jonathan Kennedy. (Attachments: #1 Proposed Order) (Bertrand, Joy) |
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Filing 38
ORDER: Granting #37 Unopposed Motion for Extension of Time to File Response/Reply to #30 . Response is due by 4/3/2026. Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 37 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim #30 . Filed by Jonathan Kennedy. (Attachments: #1 Proposed Order) (Bertrand, Joy) |
| Filing 36 Answer to #1 Complaint with Jury Demand . Filed by Sean Donnelly. (Plaza, Rebeca) |
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Filing 35
SCHEDULING ORDER regarding Motion to Strike, Motion to Dismiss for Failure to State a Claim #30 and Motion to Dismiss for Failure to State a Claim #22 . Oral Argument is set for 5/4/2026 at 09:00AM in Eugene Courtroom 3 and by videoconference before Magistrate Judge Amy E. Potter. Ordered by Magistrate Judge Amy E. Potter. (ck)
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Filing 34
ORDER: Granting Unopposed Motion for Extension of Time to Answer #32 . Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 33 Answer to #1 Complaint . Filed by Cody Walton. (Armosino, Thomas) |
| Filing 32 Motion for Extension of Time to Answer . Filed by Cody Walton. (Armosino, Thomas) |
| Filing 31 Reply in Support of to Motion to Dismiss for Failure to State a Claim #22 Oral Argument requested. Filed by Commonspirit Oregon, Mariah Holcomb. (Gard, Andrew) |
| Filing 30 Motion to Strike , Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by James Forrester. (Yium, Matthew) |
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Filing 29
SCHEDULING ORDER: Exchange of Initial Disclosures must be completed by 4/24/2026. Discovery is to be completed by 1/28/2027. Expert Discovery to be completed by 3/31/2027. Dispositive Motions are due by 5/4/2027. Joint Alternate Dispute Resolution Report is due by 6/4/2027. Pretrial Order is due by 6/29/2027. Signed on 3/5/2026 by Magistrate Judge Amy E. Potter. (ck)
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| Filing 28 Proposed Joint Case Management Schedule . Filed by Jonathan Kennedy. (Attachments: #1 Proposed Order Corrected Proposed Scheduling Order) (Bertrand, Joy) |
| Filing 27 Proposed Joint Case Management Schedule . Filed by Jonathan Kennedy. (Attachments: #1 Proposed Order) (Bertrand, Joy) |
| Filing 26 Response in Opposition to Motion to Dismiss for Failure to State a Claim #22 Oral Argument requested. Filed by Jonathan Kennedy. (Bertrand, Joy) |
| Filing 25 Corporate Disclosure Statement . Filed by Commonspirit Oregon. (Gard, Andrew) |
| Filing 24 Notice of Appearance of Matthew J. Yium, Nathan Gabriel Steele appearing on behalf of James Forrester. Matthew J. Yium,Matthew J. Yium,Nathan Gabriel Steele for James Forrester,Matthew J. Yium,Matthew J. Yium,Nathan Gabriel Steele,Matthew J. Yium,Nathan Gabriel Steele for James Forrester. Filed by on behalf of James Forrester. (Yium, Matthew) |
| Filing 23 Notice of Attorney Withdrawal: Kendall Gourley-Paterson, Notice of Attorney Substitution: Andrew Gard is substituted as counsel of record in place of Attorney Kendall Gourley-Paterson . Filed by on behalf of Commonspirit Oregon, Mariah Holcomb. (Gard, Andrew) |
| Filing 22 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Mariah Holcomb, Commonspirit Oregon. (Gard, Andrew) |
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Filing 21
SCHEDULING ORDER: The parties are ordered to file a Rule 26(f) report by March 4, 2026. The Rule 26(f) report should include, at minimum, proposed dates for close of fact and expert discovery, dispositive motions, and joint ADR report and pretrial order. If the parties are unable to agree on case deadlines or if the Court does not approve the proposed schedule, the Court will schedule a Rule 16 conference. Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 20 Answer to #1 Complaint with Jury Demand . Filed by City of Roseburg, Oregon, David Fregoso, Gary Kopfenstein. (Franz, Robert) |
| Filing 19 Waiver of Service of Summons Returned Executed by Sean Donnelly waiver sent on 1/20/2026. Filed by All Plaintiffs. (Kafoury, Jason) |
| Filing 18 Waiver of Service of Summons Returned Executed by Cody Walton waiver sent on 1/14/2026. Filed by All Plaintiffs. (Kafoury, Jason) |
| Filing 17 Affidavit of Service of #1 upon James Forrester served on 1/5/2026, answer due on 1/26/2026. Filed by Jonathan Kennedy. (jw) |
| Filing 16 Waiver of Service of Summons Returned Executed by James Forrester waiver sent on 1/6/2026. Filed by All Plaintiffs. (Kafoury, Jason) |
| Filing 15 Waiver of Service of Summons Returned Executed by Commonspirit Oregon waiver sent on 12/10/2025. Filed by All Plaintiffs. (Kafoury, Jason) |
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Filing 14
ORDER: Granting Stipulated Motion for Extension of Time to Answer #12 . Answer is due by 2/9/2026. Ordered by Magistrate Judge Amy E. Potter. (ck)
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Filing 13
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #11 . Ordered by Magistrate Judge Amy E. Potter. (ck)
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| Filing 12 Stipulated Motion for Extension of Time to Answer /File Responsive Pleading to Complaint #1 . Filed by Mariah Holcomb, Commonspirit Oregon. (Gourley-Paterson, Kendall) |
| Filing 11 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joy Bertrand. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10113668. Filed by Jonathan Kennedy. (Bertrand, Joy) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joy Bertrand. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10113668 #11 : Reviewed and Ready for Ruling. (jw) |
| Filing 9 Waiver of Service of Summons Returned Executed by David Fregoso waiver sent on 12/10/2025. Robert E. Franz, Jr,Robert E. Franz, Jr,Robert E. Franz, Jr,Sarah Rose Henderson for David Fregoso,Robert E. Franz, Jr,Sarah Rose Henderson for David Fregoso. Filed by David Fregoso. (Franz, Robert) |
| Filing 8 Waiver of Service of Summons Returned Executed by City of Roseburg, Oregon waiver sent on 12/10/2025. Robert E. Franz, Jr,Robert E. Franz, Jr,Robert E. Franz, Jr,Sarah Rose Henderson for City of Roseburg, Oregon,Robert E. Franz, Jr,Sarah Rose Henderson for City of Roseburg, Oregon. Filed by City of Roseburg, Oregon. (Franz, Robert) |
| Filing 7 Waiver of Service of Summons Returned Executed by Gary Kopfenstein waiver sent on 12/10/2025. Robert E. Franz, Jr,Robert E. Franz, Jr,Robert E. Franz, Jr,Sarah Rose Henderson for Gary Kopfenstein,Robert E. Franz, Jr,Sarah Rose Henderson for Gary Kopfenstein. Filed by Gary Kopfenstein. (Franz, Robert) |
| Filing 10 Affidavit of Service upon Mariah Holcomb served on 12/14/2025, answer due on 1/5/2026. (jw) (Additional attachment(s) added on 12/22/2025: #1 Affidavit of Service Mariah Holcomb 2nd Address) (jw). |
| Filing 6 Summons Issued Electronically as to City of Roseburg, Oregon. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (jw) |
| Filing 5 Amended Proposed Summons City of Roseburg, Oregon Filed by All Plaintiffs. (Kafoury, Jason) |
| Filing 4 Summons Issued Electronically as to Commonspirit Oregon, Sean Donnelly, James Forrester, David Fregoso, Mariah Holcomb, Gary Kopfenstein, Cody Walton. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (Attachments: #1 Summons Donnelly, #2 Summons Forrester, #3 Summons Fregoso, #4 Summons Holcomb, #5 Summons Kopfenstein, #6 Summons Walton) (jw) |
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Filing 3
Notice of Case Assignment to Magistrate Judge Amy E. Potter and Discovery and Pretrial Scheduling Order. NOTICE: The filing party shall print and serve this Order, the summonses, and all other documents issued by the Clerk at case initiation upon all named parties in accordance with Local Rule 3-5(c). Discovery is to be completed by 4/7/2026. Joint Alternate Dispute Resolution Report is due by 5/7/2026. Pretrial Order is due by 5/7/2026. Ordered by Magistrate Judge Amy E. Potter. (jw)
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| Filing 2 Proposed Summons City of Roseburg, Oregon (Attachments: #1 Proposed Summons Cody Walton, #2 Proposed Summons Commonspirit Oregon, #3 Proposed Summons David Fregoso, #4 Proposed Summons Gary Kopfenstein, #5 Proposed Summons James Forrester, #6 Proposed Summons Mariah Holcomb, #7 Proposed Summons Sean Donnelly) Filed by All Plaintiffs. (Kafoury, Jason) |
| Filing 1 Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10088203 Jury Trial Requested: Yes. Filed by Jonathan Kennedy against All Defendants (Attachments: #1 Civil Cover Sheet). (Kafoury, Jason) |
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