2
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Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/11/2019. Joint Alternate Dispute Resolution Report is due by 4/8/2019. Pretrial Order is due by 4/8/2019. Ordered by Judge Michael J. McShane. (Attachments: # 1 Summons Issued) (kf) (Entered: 11/09/2018)
1 Summons Issued
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Nov. 9, 2018
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Nov. 9, 2018
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1
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Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5630653 Jury Trial Requested: No. Filed by State of Oregon, Ellen Roseblum, Kate Brown against Donald J Trump, United States of America, Matthew G. Whitaker (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons). (Abrams, Marc) (Entered: 11/09/2018)
1 Civil Cover Sheet
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2 Proposed Summons
View on RECAP
3 Proposed Summons
View on RECAP
4 Proposed Summons
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Nov. 9, 2018
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Nov. 9, 2018
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3
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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief. Filed by State of Oregon, Ellen Roseblum, Kate Brown against All Defendants. (Abrams, Marc) (Entered: 11/21/2018)
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Nov. 21, 2018
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Nov. 21, 2018
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5
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Affidavit of Service upon United States of America served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Main Document 5 replaced on 12/10/2018) (cw). (Entered: 11/30/2018)
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Nov. 30, 2018
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Nov. 30, 2018
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4
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Affidavit of Service upon Matthew G. Whitaker served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Main Document 4 replaced on 12/10/2018) (cw). (Entered: 11/30/2018)
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Nov. 30, 2018
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Nov. 30, 2018
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6
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Affidavit of Service upon Donald J Trump served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Entered: 12/07/2018)
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Dec. 7, 2018
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Dec. 7, 2018
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7
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Clerk's Notice of Docket Correction regarding 4 Affidavit of Service, 5 Affidavit of Service. The PDF attached to these entries at filing was incorrect. The documents were missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachments. The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 12/10/2018)
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Dec. 10, 2018
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Dec. 10, 2018
PACER
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8
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Notice of Association of Attorney Marc Abrams,Justin E. Kidd for State of Oregon,Justin E. Kidd for Ellen Roseblum,Justin E. Kidd for Kate Brown. Filed by State of Oregon, Ellen Roseblum, Kate Brown. (Abrams, Marc) (Entered: 12/26/2018)
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Dec. 26, 2018
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Dec. 26, 2018
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9
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Unopposed Motion for Stay of Proceedings in Light of Lapse of Appropriations. Filed by All Defendants. (Simpson, W.) (Entered: 12/27/2018)
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Dec. 27, 2018
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Dec. 27, 2018
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10
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ORDER: Granting Unopposed Motion for Stay 9 . Ordered by Judge Michael J. McShane. (cp) (Entered: 01/02/2019)
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Jan. 2, 2019
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Jan. 2, 2019
PACER
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11
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Stipulated Motion (Stipulation and Proposed Order Regarding Schedule). Filed by All Defendants. (Simpson, W.) (Entered: 01/29/2019)
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Jan. 29, 2019
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Jan. 29, 2019
RECAP
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12
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ORDER: Granting Motion for extension of time to answer 11 . Answer is due 2/26/2019. The Stay in this case is lifted. Ordered by Judge Michael J. McShane. (cp) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
PACER
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13
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Unopposed Motion for Extension of Time to Answer Amended Complaint 3 . Filed by United States of America, Donald J Trump, William P. Barr. (Simpson, W.) (Entered: 02/25/2019)
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Feb. 25, 2019
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Feb. 25, 2019
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15
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Request for Judicial Notice in Support of Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 14 . Oral Argument requested. Filed by William P. Barr, Donald J Trump, United States of America. (Simpson, W.) (Entered: 03/05/2019)
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March 5, 2019
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March 5, 2019
RECAP
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14
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Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by William P. Barr, United States of America, Donald J Trump. (Simpson, W.) (Entered: 03/05/2019)
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March 5, 2019
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March 5, 2019
RECAP
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16
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ORDER: Granting Motion for Extension of Time to Answer 13 . Answer is due by 3/5/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/06/2019)
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March 6, 2019
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March 6, 2019
PACER
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Order on Motion for Extension of Time to Answer a Complaint/Petition
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March 6, 2019
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March 6, 2019
PACER
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17
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Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 14 . Filed by All Plaintiffs. (Abrams, Marc) (Entered: 03/14/2019)
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March 14, 2019
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March 14, 2019
RECAP
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19
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Motion to File Excess Pages . Filed by Kate Brown, City of Portland, Ellen Roseblum, State of Oregon. (Abrams, Marc) (Entered: 03/15/2019)
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March 15, 2019
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March 15, 2019
RECAP
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Order on Motion for Extension of Time to File Response/Reply to Motion
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March 15, 2019
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March 15, 2019
PACER
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18
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ORDER: Granting Motion for Extension of Time to File Response to Motion to Dismiss for Failure to State a Claim 14 . Response is due by 4/9/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/15/2019)
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March 15, 2019
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March 15, 2019
PACER
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20
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ORDER: Granting Motion to File Excess Pages 19 . Ordered by Judge Michael J. McShane. (cp) (Entered: 03/25/2019)
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March 25, 2019
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March 25, 2019
PACER
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Order on Motion to File Excess Pages
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March 25, 2019
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March 25, 2019
PACER
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21
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Motion for Summary Judgment and Response to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Abrams, Marc) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
RECAP
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22
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Declaration of Michael Schmidt. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
RECAP
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23
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Declaration of Peenesh Shah. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
RECAP
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24
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Declaration of Timothy D. Smith. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
RECAP
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25
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Declaration of Veronica Nordeen. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
RECAP
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26
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Notice of Attorney Substitution:Attorney Daniel D. Mauler is substituted as counsel of record in place of Attorney W. Scott Simpson Filed by All Defendants. (Mauler, Daniel) (Entered: 04/18/2019)
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April 18, 2019
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April 18, 2019
RECAP
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27
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Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 . Filed by All Defendants. (Mauler, Daniel) (Entered: 04/18/2019)
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April 18, 2019
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April 18, 2019
RECAP
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28
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ORDER: Granting Defendants' Unopposed Motion for Extension of Time to File Response to Motion for Summary Judgment and Reply to Defendants' Motion to Dismiss 21 . Responses and Replies are due by 5/13/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 05/02/2019)
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May 2, 2019
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May 2, 2019
PACER
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Order on Motion for Extension of Time to File Response/Reply to Motion
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May 2, 2019
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May 2, 2019
PACER
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29
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Response in Opposition to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 Oral Argument requested, Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 14 Oral Argument requested. Filed by All Defendants. (Mauler, Daniel) (Entered: 05/13/2019)
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May 13, 2019
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May 13, 2019
RECAP
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30
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Reply to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 . Filed by All Plaintiffs. (Abrams, Marc) (Entered: 05/28/2019)
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May 28, 2019
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May 28, 2019
RECAP
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31
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Scheduling Order by Judge Michael J. McShane regarding Request for Judicial Notice 15, Motion for Summary Judgment 21 and Motion to Dismiss 14 . Oral Argument is set for 6/27/2019 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (plb) (Entered: 05/31/2019)
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May 31, 2019
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May 31, 2019
PACER
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1 - Scheduling
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May 31, 2019
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May 31, 2019
PACER
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32
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Scheduling Order by Judge Michael J. McShane: Based upon the request of the parties, the Oral Argument regarding Motions 14, 15, and 21 set for 6/27/2019 is reset for 7/26/2019 at 01:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 06/03/2019)
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June 3, 2019
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June 3, 2019
PACER
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1 - Scheduling
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June 3, 2019
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June 3, 2019
PACER
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33
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Notice of Supplemental Authority Filed by All Defendants. (Attachments: # 1 Attachment) (Mauler, Daniel) (Entered: 07/18/2019)
1 Attachment
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July 18, 2019
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July 18, 2019
RECAP
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34
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Response to Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Notice 33 .) (Abrams, Marc) (Entered: 07/19/2019)
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July 19, 2019
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July 19, 2019
RECAP
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35
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MINUTES of Proceedings: Motion Hearing Held regarding Request for Judicial Notice 15, Motion for Summary Judgment 21 and Motion to Dismiss 14 . Motions taken under advisement as of 7/26/2019. Marc Abrams, Peenesh H. Shah, Timothy Daly Smith, Naomi Sheffield and Denis M. Vannier present as counsel for plaintiffs. Daniel D. Mauler present as counsel for defendants. Court Reporter: Deborah Cook. Judge Michael J. McShane presiding. (cp) (Entered: 07/31/2019)
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July 26, 2019
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July 26, 2019
PACER
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Motion Hearing Held
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July 31, 2019
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July 31, 2019
PACER
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36
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OPINION AND ORDER: Based on the foregoing, Defendants' Motion to Dismiss, 14 is denied and Plaintiffs' Motion for Summary Judgment, 21 is granted in part. Within 14 days, the parties shall confer on a proposed form of judgment and a proposed form of order with specific language for a permanent injunction, writ of mandamus, and, if desired, a declaration. The proposed form of order and proposed form of judgment shall be submitted within 21 days of this Opinion and Order. If the parties cannot agree on proposed language for either document, each shall submit its own version, with Defendants' proposed language shown in redline. The parties shall also submit a joint statement of no more than 10 pages explaining any disagreements. Signed on 8/7/2019 by Judge Michael J. McShane. (cp) (Entered: 08/07/2019)
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Aug. 7, 2019
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Aug. 7, 2019
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37
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Joint Notice Statement Regarding Proposed Judgment and Order Filed by State of Oregon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Smith, Timothy) (Entered: 08/28/2019)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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4 Exhibit D
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Aug. 28, 2019
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Aug. 28, 2019
RECAP
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38
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JUDGMENT AND ORDER: Judgement and Order Denying Defendants' Motion to Dismiss; Granting Plaintiffs' Motion for Summary Judgment in Part and Issuing Injunctions and Mandamus. Signed on 8/29/2019 by Judge Michael J. McShane. (cp) (Entered: 08/29/2019)
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Aug. 29, 2019
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Aug. 29, 2019
RECAP
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40
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Declaration of Marc Abrams. Filed by All Plaintiffs. (Related document(s): Bill of Costs 39 .) (Abrams, Marc) (Entered: 09/06/2019)
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Sept. 6, 2019
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Sept. 6, 2019
RECAP
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39
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Bill of Costs and Disbursements. Filed by All Plaintiffs. (Abrams, Marc) (Entered: 09/06/2019)
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Sept. 6, 2019
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Sept. 6, 2019
RECAP
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 41 . Case Appealed to Ninth Circuit Case Number 19-35843 assigned. (kf)
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Oct. 4, 2019
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Oct. 4, 2019
PACER
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41
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Notice of Appeal to the 9th Circuit from Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Request for Judicial Notice,,,, Order on motion for summary judgment,,, 36, Judgment 38 (fee exempt status selected (AUSA)) . Filed by All Defendants. (Mauler, Daniel) (Entered: 10/04/2019)
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Oct. 4, 2019
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Oct. 4, 2019
RECAP
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42
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ORDER: Granting Taxation of Costs. 39 Costs taxed in the amount of $420.00 against Defendant. Signed on 11/24/2019 by Judge Michael J. McShane. (cp) (Entered: 10/24/2019)
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Oct. 24, 2019
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Oct. 24, 2019
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43
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Amended Order, from USCA for the 9th Circuit, appeals remained stayed pending further order of this court. USCA # 19-35843 re Notice of Appeal 41 . (kf) (Entered: 11/08/2019)
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Nov. 8, 2019
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Nov. 8, 2019
RECAP
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44
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Notice of Attorney Substitution:Attorney Joseph J. DeMott is substituted as counsel of record in place of Attorney Daniel D. Mauler for all Defendants. Filed by All Defendants. (DeMott, Joseph) (Entered: 04/16/2021)
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April 16, 2021
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April 16, 2021
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