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 64 |
Filed: 10/23/2020, Entered: 10/23/2020 |
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JUDGMENT signed on 10/23/2020 by Magistrate Judge Mustafa T. Kasubhai: Based on the parties' Stipulated Notice of Voluntary Dismissal (ECF No. 63 ), this is action is dismissed with prejudice as to all claims, causes of action, and parties with each party bearing their own attorney's fees and costs pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Pending motions, if any, are denied as moot. All pretrial deadlines, hearings, and any trial date are stricken. (jk)
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| 63 |
Filed: 10/22/2020, Entered: 10/22/2020 |
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Stipulated Notice of Voluntary Dismissal Filed by Miguel Gutierrez, Marion County, Lianna Mechanic. (Glaccum, Curtis)
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Request |
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| 62 |
Filed: 7/2/2020, Entered: 7/2/2020 |
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Notice of Appearance of Shane Phillip Davis appearing on behalf of Estate of Dezeray Molieri Filed by on behalf of Estate of Dezeray Molieri. (Davis, Shane)
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Request |
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| 61 |
Filed: 6/12/2020, Entered: 6/12/2020 |
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ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Joint Motion for Extension of Time 59 . Discovery is to be completed by 9/14/2020. Dispositive Motions are due by 10/13/2020. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 11/9/2020 if no dispositive motions filed. Exchange of Expert Witness Statements must be completed 30 days after dispositive motions are ruled on or by 11/9/2020 if no dispositive motions filed. Pretrial Conference is set for 1/11/2021 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. An estimated nine-day (9) Jury Trial is set for 2/1/2021 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 60 |
Filed: 6/10/2020, Entered: 6/10/2020 |
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Declaration of Jennifer J. Middleton . Filed by Estate of Dezeray Molieri. (Related document(s): Motion for Extension of Time 59 .) (Middleton, Jennifer)
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Request |
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| 59 |
Filed: 6/10/2020, Entered: 6/10/2020 |
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Joint Motion for Extension of Time . Filed by Estate of Dezeray Molieri. (Middleton, Jennifer)
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Request |
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| 58 |
Filed: 6/5/2020, Entered: 6/5/2020 |
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Notice of Attorney Substitution:Attorney Jennifer J. Middleton is substituted as counsel of record in place of Attorney John T. Devlin Filed by Estate of Dezeray Molieri. (Middleton, Jennifer)
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Request |
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| 57 |
Filed: 4/2/2020, Entered: 4/2/2020 |
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ORDER by Magistrate Judge Mustafa T. Kasubhai granting Joint Motion for Extension of Discovery & PTO Deadlines 56 . Discovery is to be completed by 6/15/2020. Dispositive Motions are due by 7/13/2020. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 8/10/2020 if no dispositive motions filed. Exchange of Expert Witness Statements must be completed 30 after dispositive motions are ruled on or by 8/10/2020 if no dispositive motions filed. (jk)
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| 56 |
Filed: 4/1/2020, Entered: 4/1/2020 |
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Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Estate of Dezeray Molieri. (Devlin, John)
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Request |
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| 55 |
Filed: 1/17/2020, Entered: 1/17/2020 |
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Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: An estimated nine-day (9) Jury Trial is set to begin 10/5/2020 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 54 |
Filed: 1/7/2020, Entered: 1/7/2020 |
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MINUTES of Proceedings: Status Conference. Discovery is to be completed by 4/15/2020. Dispositive Motions are due by 5/13/2020. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 6/10/2020 if no dispositive motions filed. Exchange of Expert Witness Statements must be completed 30 after dispositive motions are ruled on or by 6/10/2020 if no dispositive motions filed. Pretrial Conference is set for 9/21/2020 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. John Devlin (by telephone) present as counsel for plaintiff. Curtis Glaccum (by telephone) present as counsel for defendants. Court Reporter: Jan Duiven. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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| 53 |
Filed: 12/10/2019, Entered: 12/10/2019 |
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Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Status Conference is set for 1/7/2020 at 10:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The Court will initiate the call. Please use a land line connection without external noise. The court prohibits speaker phones due to the greatly diminished sound quality. (jk)
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| 52 |
Filed: 11/20/2019, Entered: 11/22/2019 |
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Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (kf)
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Request |
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| 51 |
Filed: 11/20/2019, Entered: 11/20/2019 |
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Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Request |
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| 50 |
Filed: 11/19/2019, Entered: 11/19/2019 |
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NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. (jk)
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| 49 |
Filed: 9/13/2019, Entered: 9/13/2019 |
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ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 48 . Discovery is to be completed by 1/13/2020. Dispositive Motions are due by 2/18/2020. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 2/18/2020. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 3/9/2020 if no dispositive motions filed. Exchange of Expert Witness Statements must be completed 30 after dispositive motions are ruled on or by 3/9/2020 if no dispositive motions filed. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 48 |
Filed: 9/12/2019, Entered: 9/12/2019 |
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Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Devlin, John)
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Request |
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| 47 |
Filed: 5/31/2019, Entered: 5/31/2019 |
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Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Request |
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| 46 |
Filed: 4/12/2019, Entered: 4/12/2019 |
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ORDER: At the request of the parties, Exchange of Expert Witness Statements must be completed 30 days after dispositive motions are ruled on or by 12/2/2019 if no dispositive motions filed. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 45 |
Filed: 4/2/2019, Entered: 4/2/2019 |
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MINUTES of Proceedings: Rule 16 Conference. Discovery is to be completed by 10/1/2019. Dispositive Motions are due by 11/1/2019. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 11/1/2019. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 12/2/2019 if no dispositive motions filed. John Devlin (by telephone) present as counsel for plaintiff. Curtis Glaccum (by telephone); Joseph Miller (by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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| 44 |
Filed: 3/18/2019, Entered: 3/18/2019 |
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Notice of Attorney Substitution:Attorney Glaccum, Curtis M. is substituted as counsel of record in place of Attorney Jane E. Vetto Filed by Miguel Gutierrez, Marion County, Lianna Mechanic. (Glaccum, Curtis)
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Request |
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| 43 |
Filed: 3/1/2019, Entered: 3/1/2019 |
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Scheduling Order: Rule 16 Conference set for 3/19/2019 is reset for 4/2/2019 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 42 |
Filed: 2/27/2019, Entered: 2/27/2019 |
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Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 3/19/2019 at 10:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The Court will initiate the call. 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. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 41 |
Filed: 1/29/2019, Entered: 1/29/2019 |
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Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Minutes of Rule 16 Conference 40 . A Clerical error has been discovered in the case record (duplicate entry). The Clerk is directed to make the following administrative corrections to the record and, if necessary, regenerate the Notice of Electronic Filing to all parties: strike docket entry 40 . (jk)
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| 40 |
Filed: 1/29/2019, Entered: 1/29/2019 |
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***STRICKEN as per Order 41*** MINUTES of Proceedings: Rule 16 Conference held. Order consolidating 6:17-cv-1256-MK and 6:18-cv-1672-MK for discovery purposes only. Plaintiff is ordered to notify Jackie Klein (Jackie_Klein@ord.uscourts.gov) regarding the statute of limitations issue by 2/12/2019. Plaintiff is ordered to file a motion to dismiss based on the statute of limitations issue, if any, by 3/1/2019. Defendants' response is due 3/15/2019. John Devlin (by telephone) present as counsel for plaintiff. Joe Miller (by telephone for Jane Vetto) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) Modified to strike on 1/29/2019 (jk).
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| 39 |
Filed: 1/29/2019, Entered: 1/29/2019 |
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MINUTES of Proceedings: Rule 16 Conference held. Order consolidating 6:17-cv-1256-MK and 6:18-cv-1672-MK for discovery purposes only. Plaintiff is ordered to notify Jackie Klein (Jackie_Klein@ord.uscourts.gov) regarding the statute of limitations issue by 2/12/2019. Plaintiff is ordered to file a motion to dismiss based on the statute of limitations issue, if any, by 3/1/2019. Defendants' response is due 3/15/2019. John Devlin (by telephone) present as counsel for plaintiff. Joe Miller (by telephone for Jane Vetto) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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| 38 |
Filed: 1/8/2019, Entered: 1/8/2019 |
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Scheduling Order: Rule 16 Conference is set for 1/29/2019 at 09:45AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The Court will initiate the call. 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. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 37 |
Filed: 1/7/2019, Entered: 1/7/2019 |
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Answer to 33 Amended Complaint with Jury Demand Answer to Second Amended Complaint. Filed by Miguel Gutierrez, Marion County, Lianna Mechanic. (Vetto, Jane)
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Request |
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| 36 |
Filed: 11/20/2018, Entered: 11/20/2018 |
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Notice of Attorney Substitution:Attorney Jane Vetto is substituted as counsel of record in place of Attorney Kenneth S. Montoya Filed by Miguel Gutierrez, Marion County, Lianna Mechanic. (Vetto, Jane)
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Request |
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| 35 |
Filed: 11/13/2018, Entered: 11/13/2018 |
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Waiver of Service of Summons Returned Executed by Miguel Gutierrez waiver sent on 11/7/2018. Filed by Miguel Gutierrez. (Montoya, Kenneth)
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Request |
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| 34 |
Filed: 11/13/2018, Entered: 11/13/2018 |
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Waiver of Service of Summons Returned Executed by Lianna Mechanic waiver sent on 11/7/2018. Filed by Lianna Mechanic. (Montoya, Kenneth)
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Request |
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| 33 |
Filed: 10/16/2018, Entered: 10/16/2018 |
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Second Amended Complaint . Filed by Estate of Dezeray Molieri against Marion County, Miguel Gutierrez, Lianna Mechanic, John 1-10 Does. (Devlin, John)
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Request |
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| 32 |
Filed: 10/11/2018, Entered: 10/11/2018 |
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ORDER: In the interest of justice and without a response filed by defendants, plaintiff's Motion for Leave to File Amended Complaint/Petition 30 is granted. Amended Complaint is due 10/25/2018. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| 31 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jolie A. Russo to Magistrate Judge Mustafa T. Kasubhai. (eo)
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Request |
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| 30 |
Filed: 9/14/2018, Entered: 9/14/2018 |
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Motion for Leave to File Amended Complaint/Petition . Filed by Estate of Dezeray Molieri. (Attachments: # 1 Exhibit 2nd Amended Complaint) (Devlin, John)
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Request |
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| 29 |
Filed: 9/4/2018, Entered: 9/4/2018 |
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Notice of Appearance of John T. Devlin appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Devlin, John)
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Request |
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| 28 |
Filed: 8/8/2018, Entered: 8/8/2018 |
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Clerk's Notice of Mailing to Dianna Davis of Scheduling Order 27 . (jk)
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| 27 |
Filed: 8/8/2018, Entered: 8/8/2018 |
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SCHEDULING ORDER: The Court is in receipt of plaintiff's status report dated 8/6/2018. Plaintiff is ordered to file another status report by 9/10/2018 concerning whether she has successfully obtained counsel or will be proceeding in this matter pro se. The Court will reset all deadlines thereafter. Ordered by Magistrate Judge Jolie A. Russo. (jk)
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| 26 |
Filed: 8/6/2018, Entered: 8/6/2018 |
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Status Report regarding efforts to obtain counsel by Estate of Dezeray Molieri. Filed by Estate of Dezeray Molieri. (jkm)
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Request |
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| 25 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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Clerk's Notice of Mailing to Dianna Davis of Order 24 . (jk)
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| 24 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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ORDER: Plaintiff's counsel's Motion to Withdraw (doc. 22 ) is granted. Plaintiff's unopposed Motion for Extension of Time (doc. 23 ) is granted. All deadlines are vacated and plaintiff has until 8/13/2018 to file a Status Report with the Court regarding her efforts to obtain counsel. The court thereafter will determine a case schedule. Ordered by Magistrate Judge Jolie A. Russo. (jk)
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| 23 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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Motion for Extension of Discovery & PTO Deadlines . Filed by Estate of Dezeray Molieri. (Mohill, Matthew)
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Request |
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| 22 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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Motion to Withdraw or Substitute an Attorney . Filed by Estate of Dezeray Molieri. (Mohill, Matthew)
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Request |
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| 21 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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ORDER: Plaintiff's counsel's Motion to Withdraw or Substitute an Attorney (doc. 18 ) is denied with leave to renew. Any future motion to withdraw must provide contact information for plaintiff and/or substitute counsel, as well as a brief description of the factual circumstances precluding further representation. Ordered by Magistrate Judge Jolie A. Russo. (jk)
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| 20 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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ORDER: Denying Motion for Extension of Discovery & PTO Deadlines 19 with leave to renew once the parties have conferred in accordance with Local Rule 7-1. Ordered by Magistrate Judge Jolie A. Russo. (jk)
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| 19 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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Motion for Extension of Discovery & PTO Deadlines . Filed by Estate of Dezeray Molieri. (Mohill, Matthew)
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Request |
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| 18 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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Motion to Withdraw or Substitute an Attorney . Filed by Estate of Dezeray Molieri. (Mohill, Matthew)
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Request |
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| 17 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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MINUTES of Proceedings: Telephone Rule 16 Conference. Discovery is to be completed by 7/23/2018. Consent to Magistrate, if any, is to be filed by 8/22/2018. Dispositive Motions are due by 8/22/2018. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 9/21/2018 if no dispositive motions are filed. Matthew Mohill present as counsel for plaintiff. Kenneth Montoya present as counsel for defendant. Magistrate Judge Jolie A. Russo presiding. (jk)
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| 16 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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Scheduling Order by Magistrate Judge Jolie A. Russo. Rule 16 Conference is set for 4/24/2018 at 09:00AM in Eugene by telephone before Magistrate Judge Jolie A. Russo. 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 separate order. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered 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. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Jolie A. Russo. (jk)
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| 15 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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Answer to 13 Amended Complaint with Jury Demand . Filed by Marion County. (Montoya, Kenneth)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 14 |
Filed: 12/14/2017, Entered: 12/14/2017 |
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ORDER: Plaintiff having filed an Amended Complaint 13 that does not name City of Salem and Judge Jane Aiken, it is ordered that the the Motion to Dismiss 12 is denied as moot. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| 13 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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Amended Complaint . Filed by Estate of Dezeray Molieri against Marion County. (Mohill, Matthew)
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Request |
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| 12 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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Motion to Dismiss Defendants City of Salem and Judge Jane Aiken Only. Filed by Estate of Dezeray Molieri. (Mohill, Matthew)
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Request |
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| 11 |
Filed: 10/15/2017, Entered: 10/15/2017 |
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ORDER: Granting Motion for Extension of Time to Answer 9 . Answer is due by 11/8/2017. Ordered by Magistrate Judge Jolie A. Russo. (plb)
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| 10 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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Declaration of Sarah D. Foreman In Support of Motion for Extension of Time. Filed by Jane Aiken, City of Salem. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 9 .) (Foreman, Sarah)
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Request |
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| 9 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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Motion for Extension of Time to Answer . Filed by City of Salem, Jane Aiken. (Foreman, Sarah)
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Request |
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| 8 |
Filed: 9/5/2017, Entered: 9/5/2017 |
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Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-5113755. The request has been granted and the amount of $400.00 will be refunded to Matthew Mohill. Related Doc 7 Request for Refund of Fees Paid Electronically. (ljp)
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| 7 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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Request for Refund of Fees Paid Electronically regarding Complaint, 1 . Filed by Estate of Dezeray Molieri. (Attachments: # 1 Attachment Duplicate Payment NEF, # 2 Attachment Complaint NEF, # 3 Attachment Email Payment Notification, # 4 Attachment Bank Statement) (Mohill, Matthew)
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Request |
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| 6 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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Notice of Case Reassignment: This case has been reassigned from Judge Michael J. McShane to Magistrate Judge Jolie A. Russo. (eo)
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Request |
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| 5 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Judge Michael J. McShane. (eo)
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Request |
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| 4 |
Filed: 8/15/2017, Entered: 8/15/2017 |
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A duplicate payment in the amount of $400.00 was submitted by Estate of Dezeray Molieri in the above-referenced case. For information on refund procedures, visit Requesting a Refund of Electronically Paid Fees on the Court website. Refund Request is Due 8/25/2017. (ljp)
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| 3 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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Summons Issued Electronically as to Jane Aiken, City of Salem, Marion County. 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. (kf)
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Request |
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| 2 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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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 12/12/2017. Joint Alternate Dispute Resolution Report is due by 1/11/2018. Pretrial Order is due by 1/11/2018. Ordered by Judge Ann L. Aiken. (kf)
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Request |
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| 1 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5113840 Jury Trial Requested: Yes. Filed by The Estate of Dezeray Molieri against All Defendants (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Civil Cover Sheet). (Mohill, Matthew)
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