1
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Complaint. (fee exempt status selected (AUSA)) Jury Trial Requested: No. Filed by United States of America against The City of Portland (Attachments: # 1 Civil Cover Sheet). (Brown, Adrian) (Entered: 12/17/2012)
1 Civil Cover Sheet
View on PACER
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Dec. 17, 2012
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Dec. 17, 2012
Clearinghouse
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2
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Notice of Case Assignment to Judge Michael H. Simon 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 4/16/2013. Joint Alternate Dispute Resolution Report is due by 5/16/2013. Pretrial Order is due by 5/16/2013. Ordered by Judge Michael H. Simon. (cib) (Entered: 12/17/2012)
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Dec. 17, 2012
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Dec. 17, 2012
PACER
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3
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Joint Motion for Settlement Agreement and Conditional Dismissal of Action. Filed by United States of America. (Attachments: # 1 Proposed Order) (Brown, Adrian) (Entered: 12/17/2012)
1 Proposed Order
View on PACER
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Dec. 17, 2012
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Dec. 17, 2012
PACER
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4
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Memorandum in Support of Joint Motion to Enter Settlement Agreement and Conditionally Dismiss Action. Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Attachments: # 1 Attachment 1) (Brown, Adrian) (Entered: 12/17/2012)
1 Attachment 1
View on Clearinghouse
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Dec. 17, 2012
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Dec. 17, 2012
Clearinghouse
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5
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Declaration of Billy J. Williams . Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Brown, Adrian) (Entered: 12/17/2012)
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Dec. 17, 2012
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Dec. 17, 2012
PACER
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6
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Declaration of Clay Roberts Neal . Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Attachments: # 1 Attachment 1) (Brown, Adrian) (Entered: 12/17/2012)
1 Attachment 1
View on PACER
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Dec. 17, 2012
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Dec. 17, 2012
PACER
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7
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Motion to Intervene . Oral Argument requested. Filed by Portland Police Association. (Karia, Anil) (Entered: 12/18/2012)
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Dec. 18, 2012
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Dec. 18, 2012
RECAP
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8
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Memorandum in Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Motion to intervene 7 .) (Karia, Anil) (Entered: 12/18/2012)
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Dec. 18, 2012
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Dec. 18, 2012
RECAP
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9
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Declaration of Anil S. Karia in Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Motion to intervene 7 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Karia, Anil) (Entered: 12/18/2012)
1 Exhibit A
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2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
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Dec. 18, 2012
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Dec. 18, 2012
PACER
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10
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Order - Setting a Status Conference for 12/21/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/18/2012)
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Dec. 18, 2012
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Dec. 18, 2012
PACER
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11
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Notice of Appearance of Ellen C. Osoinach appearing on behalf of City of Portland titled as "Defendant City of Portland's Notice of Appearance" Filed by on behalf of City of Portland (Osoinach, Ellen) (Entered: 12/18/2012)
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Dec. 18, 2012
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Dec. 18, 2012
RECAP
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12
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Unopposed Motion for Extension of Time to File a Response/Reply to PPA's Motion to Intervene (ECF #7) to Motion to Intervene 7 . Filed by United States of America. (Brown, Adrian) (Entered: 12/19/2012)
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Dec. 19, 2012
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Dec. 19, 2012
PACER
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13
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Declaration of Adrian Brown in Support of Unopposed Motion for Extension of Time to Respond to PPA's Motion to Intervene. Filed by United States of America. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 12 .) (Brown, Adrian) (Entered: 12/19/2012)
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Dec. 19, 2012
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Dec. 19, 2012
PACER
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14
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ORDER - Granting Plaintiff's Unopposed Motion for Extension of Time to File a Response to PPA's Motion to Intervene 12 . Response is due by 1/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/19/2012)
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Dec. 19, 2012
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Dec. 19, 2012
PACER
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15
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Unopposed Motion for Extension of Time to Respond to Portland Police Association's Motion to Intervene. Filed by City of Portland. (Osoinach, Ellen) (Entered: 12/20/2012)
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Dec. 20, 2012
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Dec. 20, 2012
RECAP
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16
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Affidavit in Support of Motion for Extension of Time. Filed by City of Portland. (Related document(s): Motion for Extension of Time 15 .) (Osoinach, Ellen) (Entered: 12/20/2012)
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Dec. 20, 2012
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Dec. 20, 2012
PACER
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17
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ORDER - Granting Defendant's Motion for Extension of Time to Respond to Portland Police Association's Motion to Intervene 15 . Response is due by 1/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/20/2012)
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Dec. 20, 2012
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Dec. 20, 2012
PACER
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18
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MINUTES of Status Conference: Order - The Court adopts the following schedule: (1) January 8, 2013: Any motions to intervene will be deemed timely if filed by this date; (2) January 22, 2013: (a) All responses due to motions to intervene; and (b) All parties and any other interested persons may file written comments and suggestions regarding the notice, timing, conduct, and other processes of the anticipated Fairness Hearing; (3) February 5, 2013: All replies due in support of motions to intervene; and (4) February 19, 2013: HEARING scheduled at 9:00 a.m. in Courtroom 13B to address all pending motions to intervene and to discuss all procedures relating to the anticipated Fairness Hearing. Adrian L. Brown, Amanda Marshal, Michelle A. Jones and Laura Coon present as counsel for plaintiff(s). Ellen Osoinach, James VanDyke and Anil Karia present as counsel for defendant(s). Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (mja) (Entered: 12/21/2012)
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Dec. 21, 2012
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Dec. 21, 2012
PACER
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19
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Motion to Intervene . Oral Argument requested. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Attachments: # 1 Attachment 1) (Albies, Jessica) (Entered: 01/08/2013)
1 Attachment 1
View on PACER
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Jan. 8, 2013
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Jan. 8, 2013
PACER
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20
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Memorandum in Support of AMA Coalition's Motion to Intervene. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Motion to intervene 19 .) (Albies, Jessica) (Entered: 01/08/2013)
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Jan. 8, 2013
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Jan. 8, 2013
RECAP
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21
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Declaration of Doctor LeRoy Haynes, Jr. in Support of The AMA Coalition's Motion to Intervene. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Motion to intervene 19 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Albies, Jessica) (Entered: 01/08/2013)
1 Exhibit 1
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2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
6 Exhibit 6
View on PACER
7 Exhibit 7
View on PACER
8 Exhibit 8
View on PACER
9 Exhibit 9
View on PACER
10 Exhibit 10
View on PACER
11 Exhibit 11
View on PACER
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Jan. 8, 2013
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Jan. 8, 2013
PACER
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22
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Memorandum in Support Regarding Fairness Hearing. Filed by Portland Police Association. (Karia, Anil) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
RECAP
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23
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Memorandum Suggesting Processes for Anticipated Fairness Hearing. Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
RECAP
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24
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Unopposed Motion for Order To Set Procedures for Fairness Hearing. Filed by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Public Comment Form) (Brown, Adrian) (Entered: 01/22/2013)
1 Proposed Order
View on PACER
2 Exhibit Public Comment Form
View on PACER
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Jan. 22, 2013
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Jan. 22, 2013
PACER
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25
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Response in Opposition to Motion to Intervene 7, Motion to Intervene 19 Oral Argument requested. Filed by United States of America. (Attachments: # 1 Attachment Notice Letter, # 2 Attachment Findings Letter, # 3 Attachment Statement of Intent) (Brown, Adrian) (Entered: 01/22/2013)
1 Attachment Notice Letter
View on PACER
2 Attachment Findings Letter
View on PACER
3 Attachment Statement of Intent
View on PACER
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Jan. 22, 2013
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Jan. 22, 2013
PACER
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26
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Response in Support of Conditional Grant to Motion to Intervene 7 . Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
RECAP
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27
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Response in Support of Conditional Grant to Motion to Intervene 19 . Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
RECAP
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28
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Reply to Defendant's and Plaintiff's Opposition to Motion to Intervene 19 . Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 02/05/2013)
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Feb. 5, 2013
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Feb. 5, 2013
PACER
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29
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Reply In Support to Motion to Intervene 7 . Filed by Portland Police Association. (Karia, Anil) (Entered: 02/05/2013)
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Feb. 5, 2013
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Feb. 5, 2013
PACER
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30
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Supplemental Declaration of Anil S. Karia In Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Reply to Motion 29 .) (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 02/05/2013)
1 Exhibit A
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Feb. 5, 2013
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Feb. 5, 2013
PACER
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31
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Notice of Appearance of R. Jonas Alexander Geissler appearing on behalf of United States of America Filed by on behalf of United States of America (Geissler, R. Jonas) (Entered: 02/14/2013)
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Feb. 14, 2013
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Feb. 14, 2013
PACER
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32
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Opinion and Order - Portland Police Associations Motion to Intervene 7 is GRANTED in PART and DEFERRED IN PART. The PPA is permitted to intervene at this time only in the remedy phase of this litigation, with leave to renew its Motion to Intervene in a liability phase if such a phase becomes necessary. The AMA Coalitions Motion to Intervene 19 is DENIED in PART and DEFERRED in PART, with leave to renew its Motion to Intervene (and file an amended complaint in intervention) in a liability phase if such a phase becomes necessary. Although the AMA Coalition may not formally intervene in the "remedy phase, the Court GRANTS the AMA Coalition enhanced amicus curiae status as set forth in the Opinion and Order. The Court further Orders that the United States, the City, the PPA, and the AMA Coalition provide the several reports and briefing, if necessary, as directed by this Opinion and Order. The next status conference will be held on Tuesday, March 5, 2013 at 12:15. Signed on 2/19/13 by Judge Michael H. Simon. (mja) (Entered: 02/19/2013)
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Feb. 19, 2013
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Feb. 19, 2013
Clearinghouse
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33
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MINUTES of Status Conference: Status of case discussed as stated on the record. See Opinion and Order 32 . Adrian Brown, R. Jonas Alexander Geissler and Billy Williams present as counsel for Plaintiff United States. Anil Karia present as counsel for Defendant-Intervenor Portland Police Association. James Van Dyke and Ellen Osoinach present as counsel for Defendant City of Portland. Jessica Ashlee Albies and Shauna M. Curphey present as counsel for amicus AMA Coalition. Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (mja) Modified on 2/21/2013 to correct party type(mja). (Entered: 02/20/2013)
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Feb. 19, 2013
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Feb. 19, 2013
PACER
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34
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on February 19, 2013, before Judge Michael H. Simon, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/8/2013. Redaction Request due 3/22/2013. Redacted Transcript Deadline set for 4/1/2013. Release of Transcript Restriction set for 5/31/2013. (Erwin, Jill) (Entered: 02/26/2013)
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Feb. 26, 2013
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Feb. 26, 2013
PACER
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35
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MINUTES of Status Conference: Status Conference held. The parties reported that they have agreed on the selection of the Hon. Paul J. De Muniz, former Chief Justice of the Oregon Supreme Court, to serve as their mediator. The Court approves the parties' proposed mediation agreement and directs the parties to file a Joint Status Report not later than April 8, 2013. Adrian Brown, R. Jonas Alexander Geissler, Michelle Jones, Laura Coon and Billy Williams present as counsel for Plaintiff United States. Anil Karia present as counsel for Defendant-Intervenor Portland Police Association. Ellen Osoinach present as counsel for Defendant City of Portland. Jessica Ashlee Albies and Shauna M. Curphey present as counsel for amicus AMA Coalition. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/05/2013)
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March 5, 2013
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March 5, 2013
PACER
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36
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Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 04/08/2013)
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April 8, 2013
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April 8, 2013
PACER
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37
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Order - As requested by the parties in the Joint Status Report 36, the filing of another Joint Status Report is due by 4/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/09/2013)
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April 9, 2013
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April 9, 2013
PACER
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38
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Notice of Appearance Filed by United States of America (Morse, Thomas) (Entered: 04/10/2013)
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April 10, 2013
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April 10, 2013
PACER
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39
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Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 04/22/2013)
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April 22, 2013
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April 22, 2013
PACER
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40
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Order - As requested by the parties in the Joint Status Report 39, the Court is extending the deadline for the completion of mediation to 6/7/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/23/2013)
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April 23, 2013
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April 23, 2013
PACER
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41
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Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 06/07/2013)
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June 7, 2013
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June 7, 2013
PACER
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42
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ORDER - As requested by the parties in their Joint Status Report dated June 7, 2013 41, the Court shall hold a status conference on Thursday, July 18, 2013 at 10:00 a.m. in Courtroom 13B to set a briefing schedule for the matters discussed in the Court's Order of February 19, 2013 32 ; in addition, the parties' request to file a supplemental report not later than June 21, 2013, regarding the resolution of the issues raised by the AMA is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/10/2013)
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June 10, 2013
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June 10, 2013
PACER
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43
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Joint Status Report . Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform, City of Portland, United States of America. (Brown, Adrian) (Entered: 06/21/2013)
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June 21, 2013
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June 21, 2013
RECAP
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44
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MINUTES of Proceedings: Status Conference held. Counsel advised the Court that an agreement has been reached between USA, City of Portland and AMA Coalition. The Court addressed with the parties factors and issues involved in determining the procedural course of action to follow in resolving this action. All parties agree that trial shall be bifurcated as to the issues of liability and remedies. The Court identified specific issues the parties are to address in additional briefs, which shall be filed as follows: Opening briefs are due by October 21, 2013 (not to exceed 35 pages). Response briefs are due November 4, 2013 (not to exceed 35 pages). Reply briefs are due November 18, 2013 (not to exceed 10 pages). Oral argument is set for December 3, 2013 at 10:00 a.m., in Courtroom #13B. If not otherwise waived, the parties may postpone Rule 26(a) disclosures. Adrian Brown; Bill Williams; R. Jonas Geissler (by phone); Jack Morse (by phone), and Laura Coon (by phone) present as counsel for plaintiff(s). Ellen Osoinach and David Woboril present as counsel for defendant(s). Anil Karia present as counsel for Intervenor Portland Police Association. Counsel Shauna M. Curphey and J. Ashley Albies present as counsel for Amicus Albina Ministeral All. Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (kb) (Entered: 07/18/2013)
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July 18, 2013
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July 18, 2013
PACER
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45
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on July 18, 2013, before Judge Michael H. Simon, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/30/2013. Redaction Request due 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (Erwin, Jill) (Entered: 08/20/2013)
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Aug. 20, 2013
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Aug. 20, 2013
PACER
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46
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Joint Motion for Extension of Time - Continuance of Briefing Schedule. Filed by United States of America. (Brown, Adrian) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
PACER
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47
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ORDER - Granting the Parties' Joint Motion for Extension of Time - Continuance of Briefing Schedule 46 as follows: Opening Briefs are due by 11/12/2013. Responses are due by 11/25/2013. Replies are due by 12/2/2013. Resetting the Oral Argument Hearing from 12/3/2013 to 12/17/2013 at 10:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/18/2013)
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Oct. 18, 2013
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Oct. 18, 2013
PACER
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48
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Joint Status Report and Request for Stay of Deadlines. Filed by United States of America. (Brown, Adrian) (Entered: 11/08/2013)
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Nov. 8, 2013
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Nov. 8, 2013
PACER
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49
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Order - Pursuant to the joint request of all the parties, all current case deadlines are stayed. The parties shall confer on future deadlines in advance of the 12/17/2013 status conference. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/12/2013)
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Nov. 12, 2013
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Nov. 12, 2013
PACER
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50
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Scheduling Order by Judge Michael H. Simon. Order - At the City of Portland's request, the Court is resetting the Status Conference from 12/17/2013 to 12/19/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/02/2013)
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Dec. 2, 2013
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Dec. 2, 2013
PACER
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51
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Unopposed Motion for Order to Set Procedures for Fairness Hearing (Amended). Filed by United States of America. (Attachments: # 1 Attachment Proposed Order and Exhibit A) (Brown, Adrian) (Entered: 12/18/2013)
1 Attachment Proposed Order and Exhibit A
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Dec. 18, 2013
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Dec. 18, 2013
PACER
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52
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MINUTES of Status Conference: Order - Status Conference held. The Court and the Parties discussed the procedures for a fairness hearing regarding the parties' jointly proposed Settlement Agreement. Order - A Fairness Hearing is set for 2/18/2014 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Adrian L. Brown, Billy J. Williams and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Harry Auerbach and Mark Amburg present as counsel for the City of Portland. Anil Karia present as counsel for Portland Police Association. Shauna M. Curphey present as counsel for amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform . Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 12/19/2013)
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Dec. 19, 2013
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Dec. 19, 2013
PACER
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53
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Order Setting Fairness Hearing and Procedures. Signed on 12/19/13 by Judge Michael H. Simon. (Attachments: # 1 Testimony Form, # 2 Notice of Fairness Hearing) (mja) (Entered: 12/19/2013)
1 Attachment Testimony Form
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2 Attachment Notice of Fairness Hearing
View on PACER
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Dec. 19, 2013
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Dec. 19, 2013
PACER
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54
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Notice of Withdrawal of Objections to Proposed Settlement Agreement Filed by Portland Police Association (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 12/23/2013)
1 Exhibit A
View on PACER
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Dec. 23, 2013
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Dec. 23, 2013
PACER
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55
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Amicus Notice of Collaborative Agreement Regarding the Proposed Settlement Agreement Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform (Attachments: # 1 Exhibit A) (Albies, Jessica) (Entered: 12/30/2013)
1 Exhibit A
View on PACER
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Dec. 30, 2013
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Dec. 30, 2013
RECAP
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56
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Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Status Conference for 2/10/2014 at 09:00AM. The Court will provide the parties with a call-in number prior to the conference by separate email. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/05/2014)
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Feb. 5, 2014
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Feb. 5, 2014
PACER
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57
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MINUTES of Telephone Conference: Order - Modifying deadline set in 53 for United States to provide pre-hearing submission from February 11 to February 13 at 9:00AM; Granting a continuing objection by all four parties to any evidence presented at the Fairness Hearing not in conformance with Federal Rules of Evidence (including, but not limited to, relevance, cumulative testimony, inadmissible hearsay, lack of personal knowledge or other foundation, argumentativeness, and inadmissibility of compromise offers and negotiations); Discussing other Fairness Hearing logistics and procedures as stated on the record. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, Anil Karria, Shauna M. Curpney and Jessica Ashlee Albies present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
PACER
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58
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Notice of Summaries of Written Submissions for Fairness Hearing in Compliance with Court's Order (ECF #53) Filed by All Plaintiffs (Attachments: # 1 Exhibit A) (Brown, Adrian) (Entered: 02/13/2014)
1 Exhibit A
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Feb. 13, 2014
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Feb. 13, 2014
PACER
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59
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MINUTES of Fairness Hearing before Judge Michael H. Simon. Testimony from the public and parties given. Court is in recess until 2/19/2014 at 08:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curphey and Jessica Ashlee Albies present as counsel for defendant, intervenor defendant and amicus party. Court Reporter: Jill Erwin and Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 02/18/2014)
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Feb. 18, 2014
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Feb. 18, 2014
PACER
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60
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MINUTES of Fairness Hearing before Judge Michael H. Simon : Testimony from the public and parties given and the record was closed for public oral testimony. The record shall be held open one week, until Wednesday, February 26, 2014, for additional written public testimony. Any person or organization wishing to provide written testimony may submit it by delivering or mailing the testimony to the Clerk of the Court, Civil Intake, Fairness Hearing Comments, United States District Court, District of Oregon, 1000 SW Third Avenue, Suite 700, Portland, OR 97204, or emailing to mary_austad@ord.uscourts.gov. The Court anticipates asking the Parties written questions by February 28, 2014, and will file them in the Court record. The Parties shall have until March 11, 2014, to submit post-hearing memoranda. A final hearing is scheduled for March 24, 2014, at 9:00 a.m. in Courtroom 13B. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curphey and Jessica Ashlee Albies present as counsel for defendant, intervenor defendant and amicus party. Court Reporter: Jill Erwin and Dennis Apodaca. Judge Michael H. Simon presiding. (mja) Modified on 2/20/2014 to correct email (mja). (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
PACER
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61
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Post-Hearing Questions. The Court presents the attached questions to the four parties and requests that any responses be filed not later than 3/11/2014. Signed on 2/28/2014 by Judge Michael H. Simon. (sm) (Entered: 02/28/2014)
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Feb. 28, 2014
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Feb. 28, 2014
RECAP
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62
|
Notice of Appearance of David W. Knight appearing on behalf of United States of America Filed by on behalf of United States of America (Knight, David) (Entered: 03/05/2014)
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March 5, 2014
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March 5, 2014
PACER
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63
|
Memorandum in Support of Acceptance of Settlement Agreement and Response to Questions from the Court. Filed by United States of America. (Related document(s): Order 61 .) (Brown, Adrian) (Entered: 03/11/2014)
|
March 11, 2014
|
March 11, 2014
PACER
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64
|
Memorandum in Support OF ENTRY OF PROPOSED SETTLEMENT AGREEMENT. Filed by Portland Police Association. (Karia, Anil) (Entered: 03/11/2014)
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March 11, 2014
|
March 11, 2014
PACER
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65
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Declaration of Anil S. Karia IN SUPPORT OF ENTRY OF PROPOSED SETTLEMENT AGREEMENT. Filed by Portland Police Association. (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 03/11/2014)
1 Exhibit A
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March 11, 2014
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March 11, 2014
PACER
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66
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Brief in Response to Questions from the Court. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Order 61 .) (Albies, Jessica) (Entered: 03/11/2014)
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March 11, 2014
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March 11, 2014
PACER
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67
|
Brief "City of Portland's Post Hearing Brief". Filed by City of Portland. (Related document(s): Order 61 .) (Osoinach, Ellen) (Entered: 03/11/2014)
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March 11, 2014
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March 11, 2014
PACER
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68
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MINUTES of Proceedings before Judge Michael H. Simon. Order - The parties have until 4/14/2014 to submit additional briefing. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curpney and Jessica Ashlee Albies present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/24/2014)
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March 24, 2014
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March 24, 2014
PACER
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69
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Order - At the Parties' request, the Court is extending the deadline for the filing of additional briefing from 4/14/2014 to 4/21/2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/14/2014)
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April 14, 2014
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April 14, 2014
PACER
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70
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Scheduling Order by Judge Michael H. Simon. Order - At the Parties' request, the Court is extending the deadline for the filing of additional briefing from 4/21/2014 to 4/28/2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/21/2014)
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April 21, 2014
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April 21, 2014
PACER
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71
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Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a Telephone Status Conference for 4/28/2014 at 01:30PM. The Court will provide the parties with a call-in number by separate email. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/25/2014)
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April 25, 2014
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April 25, 2014
PACER
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72
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Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the court reporter's schedule, the Court is resetting the TIME set for the Telephone Conference from 4/28/2014 at 1:30PM to 4/28/2014 at 02:00PM. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/28/2014)
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April 28, 2014
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April 28, 2014
PACER
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73
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MINUTES of Telephone Status Conference: Order - At the request of the parties, a further Telephone Status Conference is set for 5/8/2014 at 01:30PM. The Court will provide the parties with a call-in number prior to the conference. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, David Knight, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen Osoinach, David Worbil present as counsel for Defendant City of Portland. Anil Karia present as counsel for Intervenor Defendant Portland Police Association. Jessica Albies and Shauna Curphey present as counsel for Amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform. Court Reporter: Bridget Montero. Judge Michael H. Simon presiding. (mja) (Entered: 04/28/2014)
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April 28, 2014
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April 28, 2014
PACER
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74
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Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is resetting the Telephone Status Conference from 5/8/2014 to 5/30/2014 at 01:30PM. The Court will provide the parties with a call-in number prior to the conference. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/08/2014)
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May 8, 2014
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May 8, 2014
PACER
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75
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Conference held on April 18, 2014 before Judge Michael H. Simon, Court Reporter Bridget Montero, telephone number 714-873-7248. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/30/2014. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014. (sm) (Entered: 05/20/2014)
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May 20, 2014
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May 20, 2014
PACER
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76
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MINUTES of Telephone Conference: Order - The parties have until 6/24/2014 to submit additional briefing. Responses are due by 7/2/2014. Amanda Marshall, Michelle A. Jones, R. Jonas Alexander Geissler and David W. Knight present as counsel for plaintiff(s). Ellen C. Osoinach and David L. Woberil present as counsel for defendant(s). Anil Karia present as counsel for Intervenor Defendant Portland Police Association. Jessica Albies and Shauna Curphey present as counsel for Amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 05/30/2014)
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May 30, 2014
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May 30, 2014
PACER
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77
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Joint Motion to Enter Settlement Agreement and Conditional Dismissal of Action. Filed by City of Portland. (Attachments: # 1 Exhibit A) (Osoinach, Ellen) (Entered: 06/20/2014)
1 Exhibit A
View on PACER
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June 20, 2014
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June 20, 2014
PACER
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78
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ORDER - On May 30, 2014, the Court granted the parties' request to have until June 24, 2014, to submit additional briefing on the issue of whether the Court should grant the original Joint Motion for Settlement 3, with responses due by July 2, 2014. 76 . On June 20, 2014, Plaintiff United States, Defendant City of Portland, and Intervenor-Defendant Portland Police Association filed a Joint Motion to Enter Settlement Agreement, which contains a modified condition of dismissal. 77 The original briefing schedule remains. Any Party, including Plaintiff United States, Defendant City of Portland, Intervenor-Defendant Portland Police Association, or Enhanced Amicus Albina Ministerial Alliance Coalition for Justice and Police Reform, may submit additional briefing by June 24, 2014, on whether the Court should grant or deny the original Joint Motion for Settlement 3 or the modified Joint Motion 77, with responses due by July 2, 2014. There shall be no further extensions of the briefing schedule. The Court will take the matter under advisement on July 3, 2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/20/2014)
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June 20, 2014
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June 20, 2014
PACER
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79
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Brief in Support of the Court's Proposed Periodic Hearings. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 06/20/2014)
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June 20, 2014
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June 20, 2014
PACER
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80
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Memorandum in Support of Agreed Order Entering Settlement Agreement Or, Alternatively, For Entry of Settlement Agreement and Separate Order Requiring Status Conferences. Filed by United States of America. (Knight, David) (Entered: 06/24/2014)
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June 24, 2014
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June 24, 2014
PACER
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81
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Memorandum in Support OF JOINT MOTION TO ENTER SETTLEMENT AGREEMENT AND CONDITIONAL DISMISSAL OF ACTION. Filed by Portland Police Association. (Related document(s): Motion - Miscellaneous 77 .) (Karia, Anil) (Entered: 06/24/2014)
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June 24, 2014
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June 24, 2014
PACER
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82
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Memorandum in Support OF JOINT MOTION TO ENTER SETTLEMENT AGREEMENT AND CONDITIONALLY DISMISS ACTION. Filed by City of Portland. (Related document(s): Motion - Miscellaneous 77 .) (Attachments: # 1 Exhibit 1) (Osoinach, Ellen) (Entered: 06/24/2014)
1 Exhibit 1
View on PACER
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June 24, 2014
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June 24, 2014
PACER
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83
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Response to the City of Portland's Memorandum in Support of Joint Motion to Enter Settlement Agreement and Conditionally Dismiss Action. Filed by United States of America. (Related document(s): Memorandum in Support of Motion 82 .) (Knight, David) (Entered: 07/02/2014)
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July 2, 2014
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July 2, 2014
PACER
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84
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Brief in Support of Entry of Settlement Agreement and Separate Order Requiring Periodic Changes. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 07/02/2014)
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July 2, 2014
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July 2, 2014
PACER
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85
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Response to Joint Motion to Enter Settlement Agreement and Conditional Dismissal of Action 77 . Filed by City of Portland. (Attachments: # 1 Exhibit 1-10) (Osoinach, Ellen) (Entered: 07/02/2014)
1 Exhibit 1-10
View on PACER
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July 2, 2014
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July 2, 2014
PACER
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86
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ORDER - The Parties' Joint Motion to Enter Settlement Agreement (ECF No. 3 ) and alternative Joint Motion to Enter Settlement Agreement (ECF No. 77 ) are GRANTED IN PART AND DENIED IN PART, as set forth in this Order. Signed on 8/29/2014 by Judge Michael H. Simon. (mja) (Entered: 08/29/2014)
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Aug. 29, 2014
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Aug. 29, 2014
Clearinghouse
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87
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Notice of Appeal to the 9th Circuit from Order on Motion for Settlement, Order on Motion - Miscellaneous,, 86 Filing fee $505 collected; Agency Tracking ID 0979-3880756: . Filed by City of Portland. (Attachments: # 1 Attachment Representation Statement) (Osoinach, Ellen) (Entered: 10/27/2014)
1 Attachment Representation Statement
View on PACER
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Oct. 27, 2014
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Oct. 27, 2014
PACER
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USCA Case Number
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Oct. 28, 2014
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Oct. 28, 2014
PACER
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 87 . Case Appealed to 9th Circuit Court of Appeals Case Number 14-35903 assigned. (dsg)
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Oct. 28, 2014
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Oct. 28, 2014
PACER
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88
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Transcript Designation and Order Form before Judge Simon. Court Reporter: Dennis Apodaca. regarding Notice of Appeal, 87 . Filed by City of Portland. Transcript is due by 1/2/2015. (Attachments: # 1 Attachment Transcripts Requested) (Osoinach, Ellen) (Entered: 11/26/2014)
1 Attachment Transcripts Requested
View on PACER
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Nov. 26, 2014
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Nov. 26, 2014
PACER
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89
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued Fairness Hearing held on March 24, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/11/2014. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015. (Apodaca, Dennis) (Entered: 12/01/2014)
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Dec. 1, 2014
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Dec. 1, 2014
PACER
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90
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on March 5, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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91
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on December 19, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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92
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on February 10, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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93
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on March 24, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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94
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on May 30, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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95
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on December 21, 2012 before Judge Michael H. Simon, Court Reporter Jill Erwin, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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96
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(VACATED See Dkt # 97 ) Amended Order Entering Settlement Agreement, Conditionally Dismissing Litigation, and Setting First Annual Status Conference. Signed on 7/10/2015 by Judge Michael H. Simon. ORDER - By letter dated June 16, 2015, the United States, the City of Portland, the Portland Police Association, and the Albina Ministerial Alliance Coalition for Justice and Police Reform (collectively, the "Parties") requested the District Court to indicate its approval of the Parties' jointly proposed Amended Order Entering Settlement Agreement, Conditionally Dismissing Litigation, and Setting First Annual Status Conference. After reviewing the Parties' joint proposal, the Court indicates its approval. Further, because the Court has retained jurisdiction over this matter, the Court has signed the proposed Amended Order and directs that it be entered as part of the record in this case. Judge Michael H. Simon (mja) Modified on 7/20/2015 pursuant to Order Dkt # 97 (mja). (Entered: 07/10/2015)
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July 10, 2015
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July 10, 2015
PACER
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97
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ORDER - At the request of the Circuit Mediator and the Parties, the Court hereby VACATES its Amended Order Entering Settlement Agreement 96, entered on July 10, 2015. If and when this case is remanded to the Court by the Ninth Circuit without further directions, the Court intends to re-sign and re-enter this Order at that time at the request of the Parties. See Fed. R. App. P. 12.1. Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/20/2015)
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July 20, 2015
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July 20, 2015
PACER
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98
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Order from USCA for the 9th Circuit, re Notice of Appeal 87 . The parties joint motion for remand is granted. This appeal is remanded to the district court for the limited purpose of adopting and entering the parties proposed Amended Order Entering Settlement Agreement. REMANDED. (dsg) (Entered: 07/30/2015)
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July 30, 2015
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July 30, 2015
RECAP
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