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

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Case Summary

This case involved allegations that the Portland police assaulted news reporters, photographers, legal observers, and other neutrals who were documenting the police’s violent response to protests over the murder of George Floyd. On June 28, 2020, the plaintiffs, who are members of the media and legal observers, filed this lawsuit in the United States District Court for the District of Oregon on behalf of themselves and as a class of similarly situated people. The plaintiffs sued the City of Por…

On June 28, 2020, the plaintiffs, who are members of the media and legal observers, filed this lawsuit in the United States District Court for the District of Oregon on behalf of themselves and as a class of similarly situated people. The plaintiffs sued the City of Portland, thirty individuals and supervisory officers of the Portland Police Bureau, and thirty individual and supervisory officers from other agencies, such as the Clackamas County Sheriff’s Office, Port of Portland Police, and the Oregon National Guard. The plaintiffs alleged the defendants violated the First Amendment, the Fourth Amendment, and provisions of the Oregon Constitution that protect free speech and free assembly. The causes of action arose under 28 U.S.C. §§ 2201-2202 and 42 U.S.C. § 1983. Represented by the ACLU Foundation of Oregon, the plaintiffs sought declaratory relief, injunctive relief, compensatory damages, punitive damages, an award of pre-judgment interest, an award of attorneys’ fees and costs, and any other relief the Court deemed proper.

The plaintiff’s allegation arose from their journalistic coverage of the protests that had resulted from the police killing of George Floyd on May 25, 2020. The plaintiffs alleged that although the protests had been overwhelmingly peaceful, the defendants had used increasingly severe tactics to deter speech. The plaintiffs alleged that the defendants had used rubber bullets and beaten protesters. The plaintiffs alleged that the defendants had intentionally and indiscriminately attacked them, as part of a longstanding pattern of assaulting and threatening members of the press to prevent the press from telling the public about the police’s conduct.

On June 30, 2020, the case was reassigned from District Judge Anna J. Brown to District Judge Michael H. Simon.

The plaintiffs filed a motion for a temporary restraining order against the defendants also on June 30, 2020. On July 2, 2020, Judge Simon granted the temporary restraining order, enjoining the defendants from arresting, threatening to arrest, or using physical force against any person they knew or reasonably should have known was a journalist or legal observer. without probable cause. 2020 WL 3621179. The order also enjoined the defendants from unlawfully seizing any photographic equipment, audio- or video-recording equipment, or press passes, and from ordering individuals to stop photographing, recording, or observing a protest. Judge Simon gave indicia to assist the police in identifying a journalist or legal observer. The order lasted two weeks.

On July 10, 2020, the plaintiffs filed a first amended complaint, adding plaintiffs, including Index Newspapers LLC, a Washington limited-liability company, to the suit and supplementing their claim with additional instances of assault by the police until June 19, 2020.

The plaintiffs filed a second amended complaint on July 17, 2020, supplementing their claim with additional instances of assault by the police until July 2, 2020. The plaintiffs also added the U.S. Department of Homeland Security and the U.S. Marshals Service as defendants. The plaintiffs also filed a motion for a temporary restraining order against the recently added federal defendants on July 17, 2020.

On July 23, 2020, Judge Simon granted the temporary restraining order against the U.S. Department of Homeland Security and U.S. Marshals Service, which had the same provisions as the temporary restraining order granted against the police. 474 F.Supp.3d 1113

On July 28, 2023, the plaintiffs filed a motion against the defendants for contempt of court and sanctions, alleging that the defendants violated the temporary restraining order.

The plaintiffs then filed a motion for a preliminary injunction against the federal defendants on August 10, 2020.

On August 20, 2020, Judge Simon granted the plaintiffs’ motion for preliminary injunction. 480 F.Supp.3d 1120. Judge Simon found that the plaintiffs had standing and that the U.S. Department of Homeland Security’s and the U.S. Marshals Service’s voluntary change in enforcement tactics did not moot the plaintiffs’ claims. He ruled that the plaintiffs had shown a likelihood of success on the merits regarding both their claims, that the plaintiffs had made a sufficient showing of threatened future violations, and that the balance of public interest and public equities tipped in favor of the plaintiffs.

Because the plaintiffs and the City and Police Bureau had already stipulated to a preliminary injunction on the matter, Judge Simon did not address the question of whether an otherwise peaceful and law-abiding journalist or authorized legal observer had the First Amendment right not to disperse when faced with a general dispersal order issued by state or local authorities.

On August 21, 2020, the U.S. Marshals Service and the U.S. Department of Homeland Security appealed this decision to the United States Court of Appeals for the Ninth Circuit.

On August 24, 2020, the federal defendants moved for a stay of the preliminary injunction pending appeal. District Judge Simon denied the motion on August 25, 2020. 2020 WL 8367541.

On August 28, 2020, a Ninth Circuit motion panel stayed the District Order’s preliminary injunction against the U.S. Department of Homeland Security and the U.S. Marshals Service. Judge Miller and Judge Bress found that the defendants had made a strong showing of likely success that the District Court’s injunction exempting “journalists” and “legal observers” from generally applicable dispersal orders was without adequate legal basis. However, the stay did not affect the District Court’s order directing the parties to confer and submit proposals to the District Court. Judge McKwoen dissented on the stay.

District Judge Simon, on September 4, 2020, amended the stipulated preliminary injunction to include language indicating that no journalist or legal observer shall impede, block, or prevent the lawful activities of the police.

On September 23, 2020, given that the amended stipulated preliminary injunction in-place at the time was to expire, District Judge Simon extended the injunction until a final decision on the underlying legal issues was given.

On October 9, 2020, a Ninth Circuit panel consisting of Senior Circuit Judge Diarmuid O’Scannlain, Circuit Judge Johnnie Rawlinson, and Circuit Judge Morgan Christen denied the defendants’ emergency motion. 977 F.3d 817. The Ninth Circuit found that they did not show a strong likelihood of success on the merits and failed to demonstrate that they were likely to suffer irreparable injury if the preliminary injunction was not stayed pending appeal. Judge O’Scannlain dissented.

The Ninth Circuit, on February 18, 2021, 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 court to hold granting 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 district court found that the prevalence of protests had substantially diminished since the injunction was entered and federal police presence had fallen accordingly.

On January 27, 2022, the Ninth Circuit panel remanded the appeal of the preliminary injunction to the District Court for the limited purpose of enabling the District Court to consider the defendants’ request to dissolve the preliminary injunction.

The district court dissolved the preliminary injunction on March 17, 2022.

On March 25, 2022, the Ninth Circuit dismissed the defendants’ appeal.

On September 26, 2022, District Judge Simon dismissed the plaintiffs’ second amended complaint as moot and granted the plaintiffs’ motion to file a third amended complaint alleging claims against individual officers of the U.S. Department of Homeland Security and the U.S. Marshals Service. 2022 WL 4466881

On October 11, 2022, the plaintiffs filed a third amended complaint against the City of Portland, twenty police officers of the City who directly assaulted the plaintiffs and members of the plaintiff class, ten supervisory officers of the City, thirty individual and supervisory officers of other law enforcement agencies, and 140 federal agents of the U.S. Department of Homeland Security and the U.S. Marshals Service. The plaintiffs alleged four causes of action: (1) violation of the First Amendment, (2) violation of the Fourth Amendment, (3) violations of Article I, §§ 8 and 26 of the Oregon Constitution, and (4) declaratory judgment.

On March 28, 2023, District Judge Simon partially dismissed the plaintiffs’ claim. Judge Simon dismissed the plaintiffs’ claims for equitable relief as described under the causes of action (1), (2), and (4) of the third amended complaint. Judge Simon also dismissed the plaintiff’s third cause of action (violations under the Oregon Constitution). 2023 WL 2666538. Judge Simon dismissed the claims based on mootness, finding that the circumstances have substantially changed since May 2020. Judge Simon also dismissed Plaintiff Index Newspaper’s claims, finding that they had abandoned the claim.

As of December 28, 2023, the case is ongoing.

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Summary Authors

Andrew Eslich (1/16/2024)

Logan Moore (11/21/2024)

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)

Attorney for Plaintiff

Acharya, Athul K (California)

Borden, Matthew Brooks (California)

Attorney for Defendant

Bailey, Ryan C (Oregon)

Bokern, Jordan Von (Oregon)

Expert/Monitor/Master/Other

Bosworth, Duane A. (Oregon)

Judge(s)

Bress, Daniel Aaron (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)

Attorney for Plaintiff

Acharya, Athul K (California)

Borden, Matthew Brooks (California)

Cohen, Tabitha (Oregon)

DeClark, Kory James (Oregon)

Hagey, J Noah (California)

Leonida, Ellen Valentik (Oregon)

Martz, Gunnar (California)

Salomon, Sarah (Oregon)

Simon, Kelly K. (Oregon)

Attorney for Defendant

Bailey, Ryan C (Oregon)

Bokern, Jordan Von (Oregon)

Clendenen, Michael Patrick (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)

Lynch, Jason C. (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)

Expert/Monitor/Master/Other

Bosworth, Duane A. (Oregon)

Buchal, James L (Oregon)

Swift, Christopher J.K. (Oregon)

Warden, Andrew Irwin (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-01035	Docket [PACER]	Dec. 8, 2020	Dec. 8, 2020 Docket
1 3:20-cv-01035	Class Action Allegation Complaint Woodstock v. City of Portland	June 28, 2020	June 28, 2020 Complaint
33 3:20-cv-01035	Temporary Restraining Order Woodstock v. City of Portland	July 2, 2020	July 2, 2020 Order/Opinion 2020 WL 3621179
40 3:20-cv-01035	Class Action Allegation First Amended Complaint	July 10, 2020	July 10, 2020 Complaint
42 3:20-cv-01035	Emergency Motion for Leave to File Second Amended Complaint	July 14, 2020	July 14, 2020 Pleading / Motion / Brief
49 3:20-cv-01035	Stipulated Preliminary Injunction	July 16, 2020	July 16, 2020 Order/Opinion
47 3:20-cv-01035	Plaintiffs' Reply Brief in Support of Emergency Motion for Leave to File Second Amended Complaint	July 16, 2020	July 16, 2020 Pleading / Motion / Brief
52 3:20-cv-01035	Opinion and Order	July 17, 2020	July 17, 2020 Order/Opinion 2020 WL 403684
53 3:20-cv-01035	Class Action Allegation Second Amended Complaint	July 17, 2020	July 17, 2020 Complaint
54 3:20-cv-01035	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	July 17, 2020 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / 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	Oct. 9, 2020 https://aclu-or.org/...

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Docket

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

Last updated Nov. 21, 2024, 12:39 p.m.

ECF Number	Description	Date	Link 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	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	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	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	June 29, 2020 RECAP
	Clerk's Review of Pro Hac Vice Motion	June 29, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	July 1, 2020 PACER
	1 - Scheduling	July 1, 2020	July 1, 2020 PACER
	Scheduling Conference	July 1, 2020	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	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	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	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	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	July 2, 2020 PACER
	Status Conference	July 2, 2020	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	July 3, 2020 PACER
	Order on Motion to Appear as Amicus Curiae	July 3, 2020	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	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	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	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	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	July 10, 2020 Clearinghouse
	Order	July 10, 2020	July 10, 2020 PACER
	1 - Scheduling	July 10, 2020	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	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	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	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	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	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	July 15, 2020 RECAP
	1 - Scheduling	July 15, 2020	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	July 16, 2020 Clearinghouse
48	Stipulated Motion for Preliminary Injunction . Filed by All Plaintiffs. (Acharya, Athul) (Entered: 07/16/2020)	July 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	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	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	July 16, 2020 PACER
	Status Conference	July 16, 2020	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	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	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	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	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	July 17, 2020 RECAP
	Motion Hearing Held	July 17, 2020	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	July 18, 2020 PACER
	1 - Scheduling	July 18, 2020	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	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	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	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	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	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	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	July 21, 2020 RECAP
65	Amicus Memorandum . Filed by National Police Association. (Buchal, James) (Entered: 07/21/2020)	July 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	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 View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP	July 21, 2020	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	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	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	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	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	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	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	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	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	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	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 View on RECAP 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	July 22, 2020	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	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	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	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	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	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	July 23, 2020 Clearinghouse
	Motion Hearing Held	July 23, 2020	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	July 28, 2020 Clearinghouse

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Case Details

State / Territory: Oregon

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Litigation Against Federal Police (2020)

Multi-LexSum (in sample)

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):

Private Plaintiff

Non-profit NON-religious organization

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