Case: Index Newspapers LLC v. City of Portland

3:20-cv-01035 | U.S. District Court for the District of Oregon

Filed Date: June 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit was filed on June 28, 2020 in the U.S. District Court for the District of Oregon. The case was brought by members of the media and legal observers against the City of Portland and sixty unnamed Portland Police Bureau (PPB) officers amidst the protests that followed the police killing of George Floyd. Plaintiffs were represented by the ACLU Foundation of Oregon. The complaint alleged that PPB had a pattern of targeting and retaliating against journalists and neutral obs…

This class action lawsuit was filed on June 28, 2020 in the U.S. District Court for the District of Oregon. The case was brought by members of the media and legal observers against the City of Portland and sixty unnamed Portland Police Bureau (PPB) officers amidst the protests that followed the police killing of George Floyd. Plaintiffs were represented by the ACLU Foundation of Oregon. The complaint alleged that PPB had a pattern of targeting and retaliating against journalists and neutral observers. The complaint alleged that defendants' actions were violations of the First and Fourth Amendments of the U.S. Constitution, as well provisions of the Oregon state constitution that protect free speech and free assembly. They sought declaratory, injunctive, and monetary relief, including punitive damages. They also sought attorney's fees and costs.

The case was assigned to Judge Anna J. Brown, but then reassigned to Judge Michael H. Simon shortly thereafter.

Plaintiffs filed a motion for a temporary restraining order (TRO) on the last day of June, and the court granted it in part a few days later. The TRO ordered that neither PPB nor anyone operating with the PPB would be allowed to arrest a media reporter unless they had suspicion that the individual had committed a crime. It also made clear that orders to disperse were not to apply to reporters and observers, but that reporters and observers were to wear signs that signaled they were part of the protected class. Furthermore, police were not to seize equipment or press passes from reporters or legal observers. The order lasted two weeks.

On July 10, the plaintiffs submitted an amended complaint, which asserted the same allegations, but adding several plaintiffs (including Index Newspapers). Nearly a week later, the plaintiffs filed an emergency motion to submit a second amended complaint, this time adding as defendants the U.S. Department of Homeland Security (DHS) and the U.S. Marshal Services (USMS). Again, the claims for relief did not change.

Additionally, the plaintiffs and defendant City of Portland stipulated to a preliminary injunction that had the same terms as the TRO, set to expire on October 30. They also filed a motion for a TRO against the DHS and USMS with more or less the same arguments and requests that were made against the PPB in their TRO. The federal defendants submitted a memo a few days later arguing against the TRO, claiming that the plaintiffs did not have standing, were unlikely to succeed on the merits, could not demonstrate irreparable harm, and that the balance of equities did not weigh in the plaintiffs' favor. To make things even more interesting, the City of Portland also filed a memo in support of the TRO against the federal officers, an indication of the City's exasperation with the federal presence. Finally, on July 22, the plaintiffs filed a rebuttal to the DHS's and USMS's memo in opposition to the TRO.

The next day, Judge Simon granted the TRO against the federal defendants, with the same provisions as the TRO against the PPB. 2020 WL 4220820. Then, on July 28, the plaintiffs submitted a motion asking the court to find the DHS and U.S. Marshals in contempt of court and to issue sanctions over alleged violations of the terms of the TRO. According to the motion (and several media reports), federal agents shot at journalists mere hours after the TRO was issued. Meanwhile, the federal defendants filed a motion asking the court to reconsider the TRO.

On August 10, the plaintiffs submitted a motion for a preliminary injunction. The motion was partially redacted to the public, in accordance with a stipulated protective order signed earlier that week. The motion for a preliminary injunction had more or less the same arguments as the motion for the TRO, granted a few weeks prior. On August 20, Judge Simon granted plaintiffs' motion for a preliminary injunction. 2020 WL 4883017. In granting the order, Judge Simon made clear that the order did not give journalists or legal observers special privileges to not comply with otherwise lawful orders. The federal defendants did not claim that they had the right to declare a riot; that right was left to the PPB. However, the plaintiffs and the city had already stipulated that the PPB would not arrest any journalist or legal observer for failing to disperse. So the question was whether the federal defendants had the authority to arrest journalists and legal observers outside of federal property. Judge Simon found that they did not, and so the federal agents were in violation of the law when they arrested journalists and legal observers in areas far from the federal property.

The federal defendants appealed this decision to the 9th Circuit Court of Appeals on August 21 and submitted a motion to stay the preliminary injunction pending appeal on August 24. The motion to stay was denied by Judge Simon on August 25, but the 9th Circuit entered an administrative stay pending resolution of the emergency motion on August 28, finding that the defendant-appellants had a high likelihood of success on the merits and that not granting the stay would cause irreparable harm.

Meanwhile, on September 4, the City of Portland and the plaintiffs filed an amendment to the stipulated preliminary injunction. The amendment added language saying that "No Journalist or Legal Observer protected under this Order may impede, block, or physically prevent the lawful activities of the Police." The stipulation was signed that day by Judge Simon.

On September 21, the federal defendants submitted a motion to dismiss, arguing that the case against them should be dismissed for lack of subject matter jurisdiction and for failure to state a claim. They also requested that the court stay discovery requests until the motion was decided.

Two days later, the plaintiffs and defendant City of Portland submitted an amended stipulated preliminary injunction, which simply extended the time in which the injunction was in effect until the Court reached a decision on the merits.

On October 9, the 9th Circuit denied the defendant-appellants' emergency motion for a stay pending appeal and lifted the administrative stay entered earlier in August. 977 F.3d 817. The 9th Circuit issued a 76 page opinion finding that the federal defendants did not show a strong likelihood of success on the merits of the appeal. In addition, the federal defendants failed to show that they are likely to suffer irreparable injury if the preliminary injunction was not stayed pending appeal.

Back in the district court, the parties continued briefing on the federal defendants' motion to dismiss. In early December, the plaintiffs and defendant City of Portland entered another stipulation in lieu of contempt motion. The plaintiffs alleged that the City of Portland violated the preliminary injunction by arresting, threatening, and assaulting observers and journalists, as well as preventing observers and journalists from filming protesting activities. The City agreed to investigate the allegations and remove certain officers from public-order policing duty.

On February 18, 2021, the Ninth Circuit granted the federal defendants' unopposed motion to hold their appeal of the preliminary injunction in abeyance so that the district court could rule on the federal defendants' motion for an indicative ruling. The federal defendants asked the district court to hold that it would grant their motion to dissolve the preliminary injunction if the Ninth Circuit were to remand the case for that purpose. On January 7, 2022, the district court granted the federal defendant's motion. 2022 WL 72124. The court found that the prevalence of protests had substantially diminished since the injunction was entered and federal police presence had fallen accordingly. In light of this order, the Ninth Circuit dismissed defendants' appeal. And on March 17, the district court dissolved the preliminary injunction.

This case is on-going as of April 8, 2022 pending defendants' motion to dismiss.

Summary Authors

Jack Hibbard (10/6/2020)

Emily Kempa (12/31/2020)

Jordan Katz (4/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17301670/parties/index-newspapers-llc-v-city-of-portland/


Judge(s)

Bress, Daniel Aaron None (Washington)

Christen, Morgan (Alaska)

McKeown, M. Margaret (California)

Miller, Eric David (Washington)

O'Scannlain, Diarmuid Fionntain (Oregon)

Rawlinson, Johnnie B. (Nevada)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Acharya, Athul K (California)

Borden, Matthew Brooks (California)

Hagey, J Noah (California)

Judge(s)

Bress, Daniel Aaron None (Washington)

Christen, Morgan (Alaska)

McKeown, M. Margaret (California)

Miller, Eric David (Washington)

O'Scannlain, Diarmuid Fionntain (Oregon)

Rawlinson, Johnnie B. (Nevada)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Acharya, Athul K (California)

Borden, Matthew Brooks (California)

Hagey, J Noah (California)

Martz, Gunnar (California)

Attorneys(s) for Defendant

Bailey, Ryan C (Oregon)

Davis, Ethan P. (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Haas, Alexander K (District of Columbia)

Hall, Jeffery A. (Virginia)

Joh, YoungWoo (Oregon)

Morrell, David Michael (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Sheffield, Naomi (Oregon)

Vannier, Denis M. (Oregon)

Von Bokern, Jordan L (District of Columbia)

Williams, Billy J. (Oregon)

Other Attorney(s)

Buchal, James L (Oregon)

Warden, Andrew Irwin (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 8, 2020 Docket
1

Class Action Allegation Complaint

Woodstock v. City of Portland

June 28, 2020 Complaint
33

Temporary Restraining Order

Woodstock v. City of Portland

2020 WL 3621179

July 2, 2020 Order/Opinion
40

Class Action Allegation First Amended Complaint

July 10, 2020 Complaint
42

Emergency Motion for Leave to File Second Amended Complaint

July 14, 2020 Pleading / Motion / Brief
47

Plaintiffs' Reply Brief in Support of Emergency Motion for Leave to File Second Amended Complaint

July 16, 2020 Pleading / Motion / Brief
49

Stipulated Preliminary Injunction

July 16, 2020 Order/Opinion
52

Opinion and Order

2020 WL 403684

July 17, 2020 Order/Opinion
54

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service

July 17, 2020 Pleading / Motion / Brief
53

Class Action Allegation Second Amended Complaint

July 17, 2020 Complaint

Resources

Title Description External URL

Index Newspapers LLC v. City of Portland

ACLU Oregon

The American Civil Liberties Union Foundation of Oregon and Braunhagey & Borden LLP filed a class-action lawsuit on June 28, 2020 on behalf of journalists and legal observers who were targeted and at… Oct. 9, 2020 https://aclu-or.org/sites/default/files/field_documents/index_newspapers_llc_v_city_of_portland_-_order_denying_motion_to_stay.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17301670/index-newspapers-llc-v-city-of-portland/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6907171 Jury Trial Requested: Yes. Filed by Doug Brown, Tuck Woodstock, Sam Gehrke, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Simon, Kelly) (Entered: 06/28/2020)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on RECAP

June 28, 2020 Clearinghouse
2

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137. Filed by All Plaintiffs. (Martz, Gunnar) (Entered: 06/29/2020)

June 29, 2020 RECAP
3

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 06/29/2020)

June 29, 2020 RECAP
4

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218. Filed by All Plaintiffs. (Hagey, J.) (Entered: 06/29/2020)

June 29, 2020 RECAP

Clerk's Review of Pro Hac Vice Motion

June 29, 2020 PACER
5

Notice of Case Assignment to Judge Anna J. Brown 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 10/27/2020. Joint Alternate Dispute Resolution Report is due by 11/27/2020. Pretrial Order is due by 11/27/2020. Ordered by Judge Anna J. Brown. (ecp) (Entered: 06/29/2020)

June 29, 2020 RECAP
6

Summons Issued Electronically as to City of Portland. 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. (ecp) (Entered: 06/29/2020)

June 29, 2020 RECAP

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gunnar K. Martz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911137 2 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew B. Borden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911177 3 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020 PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Noah Hagey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6911218 4 : Reviewed and Ready for Ruling. (ecp)

June 29, 2020 PACER
7

Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by All Plaintiffs. (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 RECAP
8

Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020 PACER
9

Declaration of Doug Brown in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
10

Declaration of Sam Gehrke in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
11

Declaration of Wm. Steven Humphrey in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020 PACER
12

Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
13

Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
14

Declaration of Nathan Millsap in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
15

Declaration of Sergio Olmos in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 Clearinghouse
16

Declaration of Zach Putnam in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
17

Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020 PACER
18

Declaration of Suzette Smith in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
19

Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Michael H. Simon. (eo) (Entered: 06/30/2020)

June 30, 2020 PACER
20

Declaration of Blair Stenvick in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
21

Declaration of Elliot Tippie in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
22

Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 06/30/2020)

1 Exhibit 1

View on PACER

June 30, 2020 PACER
23

Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
24

Declaration of Alex Zielinski in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 06/30/2020)

June 30, 2020 PACER
25

Scheduling Order by Judge Michael H. Simon. ORDER - Setting a Telephone Conference to discuss the status of the case for 7/1/2020 at 2:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/30/2020)

June 30, 2020 PACER
26

Supplemental Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 07/01/2020)

July 1, 2020 PACER
27

Supplemental Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Attachments: # 1 Exhibit 1) (Acharya, Athul) (Entered: 07/01/2020)

1 Exhibit 1

View on PACER

July 1, 2020 RECAP
28

Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Acharya, Athul) (Entered: 07/01/2020)

July 1, 2020 PACER
29

MINUTES OF TELEPHONE CONFERENCE: ORDER - Setting a further Telephone Conference for 7/2/2020 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Naomi Sheffield present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/01/2020)

July 1, 2020 PACER

1 - Scheduling

July 1, 2020 PACER

Scheduling Conference

July 1, 2020 PACER
30

MINUTES OF TELEPHONE CONFERENCE: Status of case discussed as stated on the record. The Court takes this matter under advisement on 7/2/2020. Matthew Borden, Athul K. Acharya, Gunner Martz, and Kelly K. Simon present as counsel for Plaintiffs. Denis M. Vannier and Naomi Sheffield present as counsel for Defendants. Beth Ann Creighton and Michael Rose present as amicus/potential intervenor. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/02/2020)

July 2, 2020 PACER
31

Motion to Appear as Amicus Curiae . Filed by National Police Association. (Buchal, James) (Entered: 07/02/2020)

July 2, 2020 RECAP
32

Declaration of Ed Hutchison . Filed by National Police Association. (Related document(s): Motion to appear as amicus curiae 31 .) (Buchal, James) (Entered: 07/02/2020)

July 2, 2020 PACER
33

TEMPORARY RESTRAINING ORDER. Signed on 7/2/2020 by Judge Michael H. Simon. (mja) (Entered: 07/02/2020)

July 2, 2020 Clearinghouse
34

ORDER - The National Police Association's Motion to Appear as Amicus Curiae (ECF 31 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/02/2020)

July 2, 2020 PACER

Status Conference

July 2, 2020 PACER
35

Notice of Appearance of Naomi Sheffield appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Sheffield, Naomi) (Entered: 07/03/2020)

July 3, 2020 PACER

Order on Motion to Appear as Amicus Curiae

July 3, 2020 PACER
36

Notice of Appearance of Denis M. Vannier appearing on behalf of City of Portland Filed by on behalf of City of Portland. (Vannier, Denis) Modified on 7/9/2020 to reflect correction representation from All Defendants to City of Portland, NEF regenerated.(rs). (Entered: 07/08/2020)

July 8, 2020 PACER
37

ORDER - The Court directs the parties in both Woodstock v. City of Portland, Case No. 20-cv-1035-SI, and Elia v. Wheeler, Case No. 20-cv-1106-SI, to contact the chambers of United States Magistrate Judge John V. Acosta for the purpose of promptly participating in a joint settlement conference in both matters. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/09/2020)

July 9, 2020 PACER
38

Scheduling Order - SETTING a Telephone Status Conference for Thursday, July 16, 2020 at 10:30 AM in Portland before Magistrate Judge John V. Acosta for the purpose of discussing the scheduling of a settlement conference pursuant to Judge Simon's Order 37 . The Court's conference call information shall be provided by separate entry. Ordered by Magistrate Judge John V. Acosta. (pjg) Modified on 7/14/2020 to correct month of status conference from June to July (mja). (Entered: 07/10/2020)

July 10, 2020 PACER
39

Notice of Association of Attorney YoungWoo Joh for City of Portland. Filed by City of Portland. (Joh, YoungWoo) (Entered: 07/10/2020)

July 10, 2020 PACER
40

First Amended Complaint . Filed by Sam Gehrke, Doug Brown, Tuck Woodstock, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Index Newspapers LLC, Alex Milan Tracy, Brian Conley, Justin Yau, Sergio Olmos against All Defendants. (Acharya, Athul) (Entered: 07/10/2020)

July 10, 2020 Clearinghouse

Order

July 10, 2020 PACER

1 - Scheduling

July 10, 2020 PACER
41

Notice of Association of Attorney Ryan C. Bailey,Ryan C. Bailey,Ryan C. Bailey for City of Portland. Filed by City of Portland. (Bailey, Ryan) (Entered: 07/13/2020)

July 13, 2020 PACER
42

Emergency Motion for Leave to File Amended Complaint/Petition . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Acharya, Athul) (Entered: 07/14/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

July 14, 2020 Clearinghouse
43

Declaration of Garrison Davis Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 42 .) (Acharya, Athul) (Entered: 07/14/2020)

July 14, 2020 RECAP
44

Declaration of Mathieu Lewis-Rolland Regarding Events of July 12, 2020. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 42 .) (Acharya, Athul) (Entered: 07/14/2020)

July 14, 2020 RECAP
45

SCHEDULING ORDER - Defendant City of Portland's response to Plaintiff's Emergency Motion for Leave to File Second Amended Complaint (ECF 42 ) is due by the close of business on Wednesday, July 15, 2020, as agreed upon by the parties. Plaintiff's reply is due by 8:00 a.m. on Thursday, July 16, 2020. The Court will hear oral argument by telephone on Thursday, July 16, 2020 at 3:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/14/2020)

July 14, 2020 PACER
46

Response in Opposition to Emergency Motion for Leave to File Amended Complaint/Petition 42 Oral Argument requested. Filed by City of Portland. (Vannier, Denis) (Entered: 07/15/2020)

July 15, 2020 RECAP

1 - Scheduling

July 15, 2020 PACER
47

Reply to Emergency Motion for Leave to File Amended Complaint/Petition 42 . Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/16/2020)

July 16, 2020 Clearinghouse
48

Stipulated Motion for Preliminary Injunction . Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/16/2020)

July 16, 2020 RECAP
49

Stipulated Preliminary Injunction. Signed on 7/16/2020 by Judge Michael H. Simon. (mja) (Entered: 07/16/2020)

July 16, 2020 Clearinghouse
50

MINUTES of Proceedings: Telephonic Status Conference held before Judge John V. Acosta. Ordered Motions 2 by Gunnar Martz, 3 by Matthew Borden, and 4 by Noah Hagey to appear Pro Hac Vice as counsel for plaintiffs are granted. Ordered the parties shall confer and submit a joint proposed discovery plan to the Court by 7/30/2020. The discovery plan shall address the discovery needed for a settlement conference and a timetable to complete discovery. If the parties are unable to agree, each parties' position shall be addressed in the proposed discovery plan. Matthew Borden, Gunnar Martz, Athul Acharya present as counsel for plaintiffs. Denis Vannier present as counsel for defendants. Tape No: Hearing was not recorded. Magistrate Judge John V. Acosta presiding. (cw) (Entered: 07/16/2020)

July 16, 2020 PACER
51

MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Emergency Motion for Leave to Amend Complaint (ECF 42 ) is taken under advisement as of 7/16/2020. Athul K. Acharya, Kelly K. Simon, and Matthew Bordon present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/16/2020)

July 16, 2020 PACER

Status Conference

July 16, 2020 PACER
52

Opinion and Order - The Court GRANTS Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint. ECF 42 . Signed on 7/17/2020 by Judge Michael H. Simon. (mja) (Entered: 07/17/2020)

July 17, 2020 Clearinghouse
53

Second Amended Complaint . Filed by Alex Milan Tracy, Sam Gehrke, Brian Conley, Index Newspapers LLC, Tuck Woodstock, Doug Brown, Justin Yau, Mathieu Lewis-Rolland, Kat Mahoney, John Rudoff, Sergio Olmos against All Defendants (Attachments: # 1 Proposed Summons). (Borden, Matthew) (Entered: 07/17/2020)

1 Proposed Summons

View on RECAP

July 17, 2020 Clearinghouse
54

Motion for Temporary Restraining Order and Preliminary Injunction. Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020 Clearinghouse
55

Declaration of Doug Brown in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020 RECAP
56

Declaration of Justin Yau in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/17/2020)

July 17, 2020 RECAP

Motion Hearing Held

July 17, 2020 PACER
57

SCHEDULING ORDER: The Federal Defendants' response to Plaintiffs' Motion for Temporary Restraining Order (ECF 54 ) is due Tuesday, July 21, 2020, by 5:00 p.m., and Plaintiffs' reply is due Wednesday, July 22, 2020, by 5:00 p.m. The Court will hold a telephonic hearing on Thursday, July 23, 2020, at 1:00 p.m. and will provide a call-in number by separate sealed entry. The Courtroom Deputy is directed to provide a copy of this Scheduling Order and Plaintiff's Motion by email to the United States Attorney for the District of Oregon. Ordered by Judge Michael H. Simon (mja) (Entered: 07/18/2020)

July 18, 2020 PACER

1 - Scheduling

July 18, 2020 PACER
58

Declaration of Nathan Howard in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020 RECAP
59

Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020 RECAP
60

Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/20/2020)

July 20, 2020 RECAP
61

Declaration of Nate Haberman-Ducey in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020 RECAP
62

Declaration of Jungho Kim in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020 RECAP
63

Declaration of James Comstock in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020 RECAP
64

Declaration of Jake Johnson in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/21/2020)

July 21, 2020 RECAP
65

Amicus Memorandum . Filed by National Police Association. (Buchal, James) (Entered: 07/21/2020)

July 21, 2020 RECAP
66

Notice of Appearance of Andrew Warden appearing on behalf of U.S. Department of Homeland Security, U.S. Marshals Service Filed by on behalf of U.S. Department of Homeland Security, U.S. Marshals Service. (Warden, Andrew) (Entered: 07/21/2020)

July 21, 2020 RECAP
67

Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction 54 . Filed by U.S. Department of Homeland Security, U.S. Marshals Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Warden, Andrew) (Entered: 07/21/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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July 21, 2020 Clearinghouse
68

Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 7/10/2020. Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/21/2020)

July 21, 2020 PACER
69

Summons Issued Electronically as to U.S. Department of Homeland Security, U.S. Marshals Service. 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. (rs) (Entered: 07/22/2020)

July 22, 2020 PACER
70

City Memorandum in Support of Motion for Temporary Restraining Order Against Federal Defendants. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order 54 .) (Vannier, Denis) (Entered: 07/22/2020)

July 22, 2020 Clearinghouse
71

Declaration of Karina Brown in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 RECAP
72

Declaration of Noah Berger in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 PACER
73

Declaration of Mike Bivins in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 PACER
74

Supplemental Declaration of Alex Milan Tracy in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 PACER
75

Declaration of Kat Mahoney in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 PACER
76

Declaration of Tuck Woodstock in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 PACER
77

Declaration of Mathieu Lewis-Rolland in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 RECAP
78

Declaration of Elizabeth Dylan (Eddy) Binford-Ross in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Borden, Matthew) (Entered: 07/22/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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July 22, 2020 RECAP
79

Reply to Motion for Temporary Restraining Order and Preliminary Injunction 54 Oral Argument requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/22/2020)

July 22, 2020 Clearinghouse
80

Supplemental Declaration of John Rudoff in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020 RECAP
81

Declaration of Steve Hickey in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020 RECAP
82

Declaration of Gabriel Trumbly in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 54 .) (Acharya, Athul) (Entered: 07/22/2020)

July 22, 2020 RECAP
83

MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiffs' Motion for Temporary Restraining Order (ECF 54 ) is taken under advisement as of July 23, 2020. Matthew Bordan present as counsel for Plaintiffs. Denis M. Vannier present as counsel for Defendant City of Portland. Andrew Warden present as counsel for Defendants U.S. Marshals Service and U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/23/2020)

July 23, 2020 PACER
84

Temporary Restraining Order Enjoining Federal Defendants. Signed on 7/23/2020 by Judge Michael H. Simon. (mja) (Entered: 07/23/2020)

July 23, 2020 Clearinghouse

Motion Hearing Held

July 23, 2020 PACER
85

Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Borden, Matthew) (Entered: 07/28/2020)

July 28, 2020 Clearinghouse

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Key Dates

Filing Date: June 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several individuals and a media corporation Index Newspapers LLC alleging that Portland Police Department had a pattern of targeting and retaliating against journalists and neutral observers, including plaintiffs during George Floyd protests.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Portland (Portland), City

John Does 1-60 (PPB Officers) (Portland), City

U.S. Department of Homeland Security (DHS), Federal

United States Marshals Service, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Excessive force

Over/Unlawful Detention

Pepper/OC spray