Case: Tozer v. City of Portland

Legal Defense Fund

Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8644212 Jury Trial Requested: No. Filed by Philip Rhodes, Barbara Jacobsen, Lorien Ilena Welchoff, Steve Jackson, Pauline Long, Keith Martin, Tiana Tozer, Steven Rebischke, Dane Southard, Mark Barnhill against City of Portland (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet Civil Cover Sheet). (DiLorenzo, John) Modified on 9/7/2022 to correct duplicate docket text language (sb). (Entered: 09/06/2022)

1 Proposed Summons Proposed Summons

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2 Civil Cover Sheet Civil Cover Sheet

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Notice of Case Assignment to Judge Karin J. Immergut 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 1/5/2023. Joint Alternate Dispute Resolution Report is due by 2/6/2023. Pretrial Order is due by 2/6/2023. Ordered by Judge Karin J. Immergut. (sb) (Entered: 09/07/2022)

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. (sb) (Entered: 09/07/2022)

Notice of Case Reassignment: This case has been reassigned from Judge Karin J. Immergut to Judge Michael W. Mosman. (cw) (Entered: 09/08/2022)

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (DiLorenzo, John) (Entered: 09/12/2022)

Notice of Appearance of Elizabeth C. Woodard appearing on behalf of City of Portland. Filed by on behalf of City of Portland. (Woodard, Elizabeth) (Entered: 09/15/2022)

Notice of Appearance of Naomi Sheffield appearing on behalf of City of Portland. Filed by on behalf of City of Portland. (Sheffield, Naomi) (Entered: 09/15/2022)

Unopposed Motion for Extension of Time to Answer Complaint, 1 . Filed by City of Portland. (Sheffield, Naomi) (Entered: 10/26/2022)

Declaration of Naomi Sheffield . Filed by City of Portland. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 8 .) (Sheffield, Naomi) (Entered: 10/26/2022)

SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Friday, January 27, 2023 in Portland chambers before Magistrate Judge Stacie F. Beckerman. Plaintiffs are to arrive at 9:00 a.m. and Defendant at 9:30 a.m. Please see attached instructions. Signed on 10/28/2022 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 10/28/2022)

ORDER: Defendant's Unopposed Motion for Extension of Time to Answer Complaint 8 is GRANTED. The deadline for Defendant's responsive motion or pleading is extended from November 7, 2022, until January 31, 2023. Ordered by Judge Michael W. Mosman. (joha) (Entered: 10/31/2022)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Joint Motion for Stay of Discovery and Pretrial Deadlines. Filed by City of Portland. (Sheffield, Naomi) (Entered: 12/09/2022)

ORDER: The Parties Joint Motion to Stay Discovery and Pretrial Deadlines 12 is GRANTED. The deadlines set forth in the Discovery and Pretrial Scheduling Order 2 are stayed until the parties submit their discovery plan pursuant to Fed. R. Civ. P. 26(f). Ordered by Judge Michael W. Mosman. (kms) (Entered: 12/12/2022)

Order on Motion for Stay

Scheduling Order. Status Report is due by 2/17/2023. Ordered by Judge Michael W. Mosman. (kms) (Entered: 01/18/2023)

1 - Scheduling

MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman on 1/27/2023. Continued Settlement Conference is set for Monday, 2/6/2023, at 01:30 PM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. John A. DiLorenzo, Jr. and Aaron K. Stuckey present as counsel for plaintiffs. Robert L. Taylor, Elizabeth C. Woodard and Naomi Sheffield present as counsel for defendant. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 01/27/2023)

Settlement Conference

Answer to 1 Complaint, and Affirmative Defenses. Filed by City of Portland. (Sheffield, Naomi) (Entered: 01/31/2023)

MINUTES of Proceedings: Settlement Conference (continued from 1/27/2023) held before Magistrate Judge Stacie F. Beckerman on 2/6/2023. Negotiations continue. John A. DiLorenzo, Jr. and Aaron K. Stuckey present as counsel for plaintiffs. Robert L. Taylor, Elizabeth C. Woodard and Naomi Sheffield present as counsel for defendant. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 02/06/2023)

Settlement Conference

Joint Status Report . Filed by City of Portland. (Sheffield, Naomi) (Entered: 02/16/2023)

ORDER: The Court has reviewed the Parties' Joint Status Report 18 . A subsequent status report is due by 3/24/2023. Ordered by Judge Michael W. Mosman. (joha) Corrected Docket Text on 2/17/2023 (joha). (Entered: 02/17/2023)

1 - Scheduling

SETTLEMENT CONFERENCE ORDER. Settlement Conference (continued from 2/6/2023) is set for Friday, 4/14/2023, from 09:00 AM to 1:00 PM in Portland Courtroom 13B and chambers before Magistrate Judge Stacie F. Beckerman. Please see attached instructions. Signed on 3/9/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 03/09/2023)

Joint Status Report by City of Portland. Filed by City of Portland. (Sheffield, Naomi) (Entered: 03/22/2023)

ORDER: The Court has reviewed the Parties' Joint Status Report 21 . A subsequent status report is due by May 5, 2023. Ordered by Judge Michael W. Mosman. (kms) (Entered: 03/23/2023)

1 - Scheduling

MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman on 4/14/2023. Negotiations will continue. John A. DiLorenzo, Jr. and Aaron K. Stuckey present as counsel for plaintiffs. Robert L. Taylor, Elizabeth C. Woodard and Naomi Sheffield present as counsel for defendant. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 04/14/2023)

Settlement Conference

Joint Status Report by City of Portland. Filed by City of Portland. (Sheffield, Naomi) (Entered: 05/05/2023)

The Court has reviewed the Parties Joint Status Report 24 . A subsequent status report is due by July 3, 2023. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/08/2023)

1 - Scheduling

Notice of Settlement Filed by City of Portland. (Attachments: # 1 Exhibit 1) (Sheffield, Naomi) (Entered: 06/06/2023)

1 Exhibit 1

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Joint Motion for Order for Retention of Jurisdiction, Incorporation of Settlement Agreement and Determination of Award of Plaintiffs' Reasonable Attorney Fees. Filed by All Plaintiffs. (DiLorenzo, John) (Entered: 06/09/2023)

ORDER: The Parties Joint Motion for Retention of Jurisdiction, Incorporation of Settlement Agreement, and Determination of Award of Plaintiffs Reasonable Attorney Fees 27 is GRANTED. The Court will retain jurisdiction over the Parties for the purpose of adjudicating any disputes arising out of the Settlement Agreement. The deadline for Plaintiffs petition for attorney fees is set for August 4, 2023. The deadline for Defendants response is set for September 1, 2023. The deadline for Plaintiffs reply is set for September 18, 2023. The status report due July 3, 2023, see 25, is stricken. Ordered by Judge Michael W. Mosman. (kms) (Entered: 06/13/2023)

Order on Motion for Order

Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Tangman, Seth) (Entered: 08/02/2023)

Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Tangman, Seth) (Entered: 08/04/2023)

Declaration of John DiLorenzo ISO Plaintiff's Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Tangman, Seth) (Entered: 08/04/2023)

Declaration of Aaron Stuckey ISO Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 08/04/2023)

Declaration of Chris Swift ISO Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 08/04/2023)

Declaration of Seth Tangman ISO Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 08/04/2023)

Declaration of James T. McDermott ISO Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 08/04/2023)

Declaration of Eric Fruits ISO Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Attachments: # 1 Exhibit A) (Tangman, Seth) (Entered: 08/04/2023)

ORDER: Plaintiff's Unopposed Motion to File Over-Length Brief for Motion for Award of Attorney Fees [ECF 29] is GRANTED. Plaintiffs may submit a motion for attorney fees of 17 pages instead of the 10 pages LR 54-3(e) requires. Ordered by Judge Michael W. Mosman. (kms) (Entered: 08/09/2023)

Order on Motion to File Excess Pages

Response in Opposition to Motion for Attorney Fees and Costs 30 . Filed by City of Portland. (Woodard, Elizabeth) (Entered: 09/01/2023)

Declaration of Naomi Sheffield . Filed by City of Portland. (Related document(s): Response in Opposition to Motion 38 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16) (Woodard, Elizabeth) (Entered: 09/01/2023)

Reply to Motion for Attorney Fees and Costs 30 . Filed by All Plaintiffs. (Tangman, Seth) (Entered: 09/19/2023)

Second Declaration of James McDermott ISO Motion for Attorneys Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 09/19/2023)

Declaration of Steve Jackson ISO Motion for Attorneys Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Tangman, Seth) (Entered: 09/19/2023)

Declaration of Tiana Tozer ISO Motion for Attorneys Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Attachments: # 1 Exhibit 1) (Tangman, Seth) (Entered: 09/19/2023)

Second Declaration of John DiLorenzo ISO Motion for Attorneys Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M) (Tangman, Seth) (Entered: 09/19/2023)

1 Exhibit E

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2 Exhibit F

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3 Exhibit G

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4 Exhibit H

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5 Exhibit I

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6 Exhibit J

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7 Exhibit K

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8 Exhibit L

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9 Exhibit M

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Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Adrienne Nelson. (eo) (Entered: 10/23/2023)

Sur-Response In Support of Objections to Motion for Attorney Fees and Costs 30 . Filed by City of Portland. (Sheffield, Naomi) (Entered: 11/15/2023)

ORDER - The Court GRANTS Plaintiffs' email request to file a sur-reply in support of Plaintiffs' Motion for Attorney Fees and Costs, ECF 30 . Ordered by Judge Adrienne Nelson (mja) (Entered: 11/21/2023)

Order

Sur Sur-Reply to Motion for Attorney Fees and Costs 30, Reply to Motion 40 . Filed by All Plaintiffs. (Tangman, Seth) (Entered: 11/21/2023)

OPINION AND ORDER: Upon review, plaintiffs' Motion for Award of Attorney Fees and Costs 30 is GRANTED in part. Plaintiffs are AWARDED $609,151.15 in fees and costs. IT IS SO ORDERED. Signed on 11/30/2023 by Judge Adrienne Nelson. (joha) (Entered: 12/01/2023)

1 - Scheduling

Settlement Conference