Case: Wong v. Fagan

Complaint. Filing fee in the amount of $402 collected. Receipt No. 100227. Jury Trial Requested: Yes. Filed by Dana Hindman-Allen, Mei Wong against Clackamas County Clerk's Office, Rebekah Doll, Shemia Fagan, Sherry Hall, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen (Attachments: # 1 Civil Cover Sheet). (dino) (Entered: 11/04/2022)

1 Civil Cover Sheet

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Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/6/2023. Joint Alternate Dispute Resolution Report is due by 4/3/2023. Pretrial Order is due by 4/3/2023. Ordered by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 11/4/2022.) (dino) (Entered: 11/04/2022)

Summons Issued as to Clackamas County Clerk's Office, Rebekah Doll, Shemia Fagan, Sherry Hall, Bob Roberts, Debra Scroggin, Alma Whalen. (dino) (Entered: 11/04/2022)

Exhibits re Complaint 1 . Filed by Dana Hindman-Allen, Mei Wong. (dino) (Entered: 11/09/2022)

Application for CM/ECF Registration as a Self-Represented Party. Filed by Mei Wong. (jw) (Entered: 11/09/2022)

ORDER: Granting Application of Mei Wong for CM/ECF Registration as a Self-Represented Party (ECF No. 5 ). Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 11/09/2022)

Clerk's Notice of Mailing to Dana Hindman-Allen of Order on Application for CMECF Registration as a Self-Represented Party (ECF No. 6 ). (gw) (Entered: 11/09/2022)

Clerks Notice of Mailing

Verified Certificate of Compliance Summons Delivery Confirmation. Filed by Mei Wong. (Related document(s): Summons Issued 3 .) (Wong, Mei) (Entered: 11/23/2022)

ORDER: Granting Defendants' Joint Motion for Extension of Time (ECF No. 9 ). Answers or other responsive pleadings are due by 1/17/2023. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 12/01/2022)

Motion for Extension of Time to Answer Complaint, 1 . Filed by All Defendants. (Foreman, Sarah) (Entered: 12/01/2022)

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

Notice of Appearance of Brian Simmonds Marshall appearing on behalf of Shemia Fagan, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen. Filed by on behalf of Shemia Fagan, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen. (Marshall, Brian) (Entered: 01/12/2023)

Notice of Appearance of Bijal C Patel appearing on behalf of Shemia Fagan, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen. Filed by on behalf of Shemia Fagan, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen. (Patel, Bijal) (Entered: 01/12/2023)

Joint Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Foreman, Sarah) (Entered: 01/17/2023)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 01/18/2023)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 01/18/2023)

First Response Plaintiffs' Response and Objection to Joint Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 13 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibits Table of Contents, # 2 Exhibit 2021-2 Directive, # 3 Exhibit ORS 246.120, # 4 Exhibit ORS 258.161, # 5 Exhibit ORS 258.016, # 6 Exhibit ORS 254.532, # 7 Exhibit Recount Analysis, # 8 Exhibit Recount Results, # 9 Exhibit Mei;s Correspondence, # 10 Exhibit Public Records Request, # 11 Exhibit Dana Hindman-Allen Correspondence, # 12 Exhibit Alma Whalen Email, # 13 Exhibit Associated Press Article, # 14 Exhibit Willamette Week Article) (Wong, Mei) (Entered: 01/31/2023)

1 Exhibit Exhibits Table of Contents

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2 Exhibit 2021-2 Directive

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3 Exhibit ORS 246.120

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4 Exhibit ORS 258.161

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5 Exhibit ORS 258.016

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6 Exhibit ORS 254.532

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7 Exhibit Recount Analysis

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8 Exhibit Recount Results

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9 Exhibit Mei;s Correspondence

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10 Exhibit Public Records Request

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11 Exhibit Dana Hindman-Allen Correspondence

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12 Exhibit Alma Whalen Email

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13 Exhibit Associated Press Article

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14 Exhibit Willamette Week Article

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Reply to Joint Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 13 . Filed by Clackamas County Clerk's Office, Rebekah Doll, Shemia Fagan, Sherry Hall, Oregon Office of the Secretary of State, Bob Roberts, Debra Scroggin, Alma Whalen. (Foreman, Sarah) (Entered: 02/14/2023)

Declaration of Sarah Foreman in support of Reply. Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 13 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Foreman, Sarah) (Entered: 02/14/2023)

ORDER: Taking Joint Motion to Dismiss for Failure to State a Claim/Motion to Dismiss for Lack of Jurisdiction (ECF No. 13 ) under advisement as of 2/14/2023. The Court has determined that the motion is suitable for disposition without oral argument. No further briefing is permitted absent leave of the Court. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/15/2023)

9 - Taking Motion Under Advisement

NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found attached to this docket entry or on the court's website at ord.uscourts.gov/civil-forms. It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. The form is also attached to this docket entry. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 3/31/2023. (gw) (Entered: 02/17/2023)

Notice

ORDER. On February 15, 2023, the Court entered an Order taking Defendants' motion to dismiss under advisement as of February 14, 2023, and stating that no further briefing was permitted absent leave of Court. (ECF No. 19 .) While Defendants' motion to dismiss remained under advisement, Plaintiffs filed additional briefing (ECF No. 21 ) without obtaining leave, in violation of the Court's Order. The Court therefore STRIKES Plaintiffs' additional briefing (ECF No. 21 ), and advises Plaintiffs that Defendants' motion remains under advisement and Plaintiffs must comply with the Court's orders and Local Rules. See generally LR 7-1(e) (explaining that a party must file and serve "any response within 14 days after service of the motion," the moving party "must file and serve any allowable reply to the response within 14 days after service of the response," and "[u]nless directed by the Court, no further briefing is allowed"). Ordered on April 5, 2023 by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on April 5, 2023.) (gw) (Entered: 04/05/2023)

Order

Verified Objections to Magistrate Judge's Order: To Strike Order,,,, 22 . Filed by All Plaintiffs. (Wong, Mei) (Entered: 04/11/2023)

ORDER: The Court has carefully considered Plaintiffs' objections. Judge Beckerman's order is not clearly erroneous or contrary to law. The Court therefore concludes that there is no basis to modify Magistrate Judge Beckerman's order. The Court AFFIRMS Magistrate Judge Beckerman's Order 22 . IT IS SO ORDERED. Signed on 4/12/2023 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 4/13/2023.) (gw)

FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge GRANT Defendants' motion to dismiss (ECF No. 13 ), and dismiss Plaintiffs' complaint with prejudice. Objections to the Findings and Recommendation are due by 7/14/2023. Signed on 6/30/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 06/30/2023)

ORDER referring Findings and Recommendation (ECF No. 25 ) and Defendants' Joint Motion to Dismiss for Failure to State a Claim/Motion to Dismiss for Lack of Jurisdiction (ECF No. 13 ) to Judge Hernandez. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 06/30/2023)

Findings & Recommendation Referred

Verified Objections to Findings & Recommendation: Joint Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 13 should be GRANTED 25 . Filed by All Plaintiffs. (Wong, Mei) (Entered: 07/14/2023)

Response to Objections to Findings & Recommendation. Related document(s): 25 Findings & Recommendation, 27 Objections to Findings & Recommendation. Filed by All Defendants. (Patel, Bijal) (Entered: 07/28/2023)

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 25 . Therefore, Defendants' Joint Motion to Dismiss 13 is GRANTED. IT IS SO ORDERED. Signed on 9/4/2023 by Judge Marco A. Hernandez. (gw) (Entered: 09/05/2023)

JUDGMENT: Based on the record, IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice. Pending motions, if any, are denied as moot. Signed on 9/4/2023 by Judge Marco A. Hernandez. (Deposited Judgment and Order 29 in outgoing mail to Dana Hindman-Allen on 9/5/2023.) (gw) (Entered: 09/05/2023)

Notice of Appeal to the 9th Circuit. Related Documents: Findings & Recommendation Referred, 26, Judgment, 30 . (No IFP Granted and No Fee Paid). Filed by Dana Hindman-Allen, Mei Wong. (ecp) (Entered: 01/03/2024)

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 31 . Case Appealed to Ninth Circuit Court of Appeals Case Number 24-77 assigned. (ecp)

USCA Case Number

Order of USCA for the 9th Circuit, USCA # 24-77, re Notice of Appeal 31 . The appeal is dismissed. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the January 3, 2024 notice of appeal was not filed in the district court within 30 days after the district courts judgment entered on September 5, 2023. See 28 U.S.C. § 2107(a); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional); Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir. 1980) (notice of appeal is timely filed if received by the district court within the applicable period specified in Fed. R. App. P. 4). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED (ecp) (Entered: 01/18/2024)

Notice received from the Supreme Court: petition for certiorari filed on 8/26/2024 and placed on the docket October 22, 2024 as No. 24-447. Supreme Court Number 24-447. (ecp) (Entered: 10/24/2024)

The petition for writ of certiorari was denied on 11/18/2024. Supreme Court number 24-447. (ecp) (Entered: 11/26/2024)