Case: Emanuel Displaced Persons Association 2 v. City of Portland

Emanuel Displaced Persons Association v. City of Portland

Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8749048 Jury Trial Requested: Yes. Filed by Joanne Bowles-Spires, Donna Marshall, Gloria Campbell-Cash, LaKeesha Dumas, Rahsaan Muhammad, Claude Bowles, Travante Franklin, Emanuel Displaced Persons Association 2, Isaac Campbell, Valda McCauley, Barbara Dumas, Alicia Byrd, Marilyn K. Hasan, Royal Harris, Brian Morris, Mike Hepburn, Connie Mack, Juanita Biggs, Beverly Hunter, James Smith Sr., Karen Smith, Elizabeth Fouther-Branch, Clifford Tyrone Dumas, Mary Bowles Shoals, Bobby Fouther, Izeal Campbell, Rosie Taylor against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons). (Nguyen, Diane) (Entered: 12/08/2022)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Notice of Case Assignment to Judge Michael H. Simon 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 4/7/2023. Joint Alternate Dispute Resolution Report is due by 5/8/2023. Pretrial Order is due by 5/8/2023. Ordered by Judge Michael H. Simon. (kgc) (Entered: 12/08/2022)

Amended Proposed Summons Filed by All Plaintiffs. (Nguyen, Diane) (Entered: 12/08/2022)

Amended Proposed Summons Filed by All Plaintiffs. (Nguyen, Diane) (Entered: 12/08/2022)

Amended Proposed Summons Filed by All Plaintiffs. (Nguyen, Diane) (Entered: 12/08/2022)

Summons Issued Electronically as to City of Portland, Legacy Emanuel Hospital & Health Center, Prosper 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. (kgc) (Entered: 12/08/2022)

Motion for Extension of Time to Answer Complaint,,, 1 . Filed by Prosper Portland. (Davidson, Clifford) (Entered: 12/16/2022)

ORDER: The Court GRANTS Defendant Prosper Portland's motion for extension of time to respond to complaint. (ECF 7 ). Defendant's answer or other responsive pleading is due by February 15, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/16/2022)

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

Return of Service Executed as to All Defendants. (Nguyen, Diane) (Entered: 12/22/2022)

Return of Service Executed. (kgc) (Entered: 12/28/2022)

Motion for Extension of Time to Answer . Filed by City of Portland. (Davidson, Clifford) (Entered: 01/03/2023)

ORDER - The Court GRANTS Defendant City of Portland's Unopposed Motion for Extension of Time to Answer, ECF 11 . City of Portland's answer or other responsive pleading is due by February 15, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/03/2023)

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

SCHEDULING ORDER - The Court GRANTS Defendants' unopposed request to extend the deadline to file an answer or otherwise respond up to and including February 27,2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/04/2023)

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Joint Motion to Dismiss . Filed by City of Portland, Prosper Portland. (Davidson, Clifford) (Entered: 02/27/2023)

Unopposed Request for Judicial Notice in support of Motion to Dismiss 14 . Filed by City of Portland, Prosper Portland. (Attachments: # 1 Exhibit 1) (Davidson, Clifford) (Entered: 02/27/2023)

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Legacy Emanuel Hospital & Health Center. (Isaak, Misha) (Entered: 02/27/2023)

ORDER - The Court GRANTS Defendants City of Portland's and Prosper Portland's unopposed request for judicial notice, ECF 15 . Ordered by Judge Michael H. Simon. (mja) (Entered: 02/28/2023)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rizwan Ahmad Qureshi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8836320. Filed by Legacy Emanuel Hospital & Health Center. (Qureshi, Rizwan) (Entered: 02/28/2023)

ORDER - The Court GRANTS Defendant Legacy Emanuel Hospital & Health Center's Motion for Leave to Appear Pro Hac Vice by attorney Rizwan Ahmad Qureshi, ECF 18 . Ordered by Judge Michael H. Simon. (mja) (Entered: 02/28/2023)

Order on Request for Judicial Notice

Leave to Appear Pro Hac Vice

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rizwan Ahmad Qureshi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8836320 18 : Reviewed and Ready for Ruling. (ecp)

ORDER - At the parties' joint request, Plaintiffs' responses to Defendants' Motions to Dismiss (ECF 14 & 16 ) are due by April 5, 2023, and Defendants' replies are due by May 15, 2023. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/01/2023)

Corporate Disclosure Statement . Filed by Legacy Emanuel Hospital & Health Center. (Isaak, Misha) (Entered: 03/01/2023)

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Peter Ellis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8841187. Filed by Legacy Emanuel Hospital & Health Center (Ellis, Peter) (Main Document 22 replaced on 3/8/2023) (cw). Modified on 3/8/2023 to correct filer(ecp). (Main Document 22 replaced on 3/8/2023) (cw). (Entered: 03/03/2023)

Notice of Correction by Clerk regarding 22 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: A typographical error was noted on the form. The following corrections were made to the record: The PDF attachment was replaced. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw) (Entered: 03/08/2023)

ORDER - The Court GRANTS Defendant Legacy Emanuel Hospital & Health Center's Motion for Leave to Appear Pro Hac Vice by attorney Peter Ellis, ECF 22 . Ordered by Judge Michael H. Simon. (mja) Modified on 3/8/2023 to correct filer (mja). (Entered: 03/08/2023)

Correction of the Record

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Peter Ellis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8841187 22 : Reviewed and Ready for Ruling. (ecp)

Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Johnson, Edward) (Entered: 03/30/2023)

ORDER - The Court GRANTS Plaintiffs' unopposed motion to exceed page limit in brief, ECF 25 . Plaintiffs have leave to file a single brief that is no more than 60 pages. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/30/2023)

Order on Motion to File Excess Pages

Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim 16, Joint Motion to Dismiss 14 Oral Argument requested. Filed by All Plaintiffs. (Johnson, Edward) (Entered: 04/05/2023)

Reply to Joint Motion to Dismiss 14 . Filed by City of Portland, Prosper Portland. (Davidson, Clifford) (Entered: 05/15/2023)

Second Request for Judicial Notice in Further Support of Motion to Dismiss 14 . Filed by City of Portland, Prosper Portland. (Attachments: # 1 Exhibit 2) (Davidson, Clifford) (Entered: 05/15/2023)

Declaration of Frederick Davis-Brown . Filed by City of Portland, Prosper Portland. (Related document(s): Request for Judicial Notice 29, Motion to Dismiss 14 .) (Davidson, Clifford) (Entered: 05/15/2023)

Reply to Motion to Dismiss for Failure to State a Claim 16 Oral Argument requested. Filed by Legacy Emanuel Hospital & Health Center. (Isaak, Misha) (Entered: 05/15/2023)

SCHEDULING ORDER - The Court sets Oral Argument on Defendants' pending motions to dismiss (ECF 14 16 29 ) for Monday, September 18, 2023 at 10:00 a.m. in Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/19/2023)

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Notice of Change of Address. Filed by City of Portland. (Davidson, Clifford) (Entered: 08/01/2023)

Notice of Change of Address. Filed by Prosper Portland. (Davidson, Clifford) (Entered: 08/01/2023)

SCHEDULING ORDER - At the request of Defendant City of Portland, the Court is resetting the Oral Argument Hearing from 9/18/2023 to 10/3/2023 at 10:00 a.m. in Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/10/2023)

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MINUTES OF ORAL ARGUMENT HEARING: ORDER - As of today's date, the Court takes under advisement Defendants' Motions to Dismiss ( 14 & 16 ). The Court GRANTS Defendant City of Portland and Prosper Portland's Requests for Judicial Notice (ECF 15 & 29 ). Edward Johnson, Diane D. Nguyen, and Jessica Ashlee Albies present as counsel for Plaintiffs. Elizabeth C. Woodard and Clifford S. Davidson present as counsel for Defendants City of Portland and Prosper Portland. Rizwan Ahmad Qureshi and Misha Isaak present as counsel for Defendant Legacy Emanuel Hospital & Health Care Center. Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja) (Entered: 10/03/2023)

Motion Hearing Held AND Order on Motion to Dismiss AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Request for Judicial Notice

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/3/2023 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/13/2023. Redaction Request due 11/27/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 2/1/2024. (Shumway, Bonita) (Entered: 11/03/2023)

Opinion and Order - The Court DENIES both the Joint Motion to Dismiss of Defendants City of Portland and Prosper Portland (ECF 14 ) and Defendant Legacy Emanuel Hospital and Health Center's Motion to Dismiss (ECF 16 ). Signed on 12/1/2023 by Judge Michael H. Simon. (mja) (Entered: 12/01/2023)

SCHEDULING ORDER - At the parties' request, Defendants' answers are due by January 5, 2024. The Court sets a Scheduling Conference for Thursday, January 11, 2024 at 1:30 p.m. in the chambers of Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/04/2023)

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SCHEDULING ORDER - The Court GRANTS Defendants' unopposed request for an extension of time to answer. Defendants' answer is due not later than January 8, 2024. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/02/2024)

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SCHEDULING ORDER - The Court GRANTS Defendant Portland Propsper's unopposed request an extension of time to respond to Plaintiffs' complaint. Defendants' answer is due by January 9, 2024. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/05/2024)

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Answer to 1 Complaint,,, with Jury Demand . Filed by City of Portland, Prosper Portland. (Attachments: # 1 Exhibit 1) (Davidson, Clifford) (Entered: 01/09/2024)

1 Exhibit 1

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Answer to 1 Complaint,,, Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Legacy Emanuel Hospital & Health Center. (Isaak, Misha) (Entered: 01/09/2024)

MINUTES OF SCHEDULING CONFERENCE: ORDER - The Court sets a case schedule as follows: (1) Fact discovery is to be completed by December 31, 2024; (2) Simultaneous exchange of expert reports is set for January 31, 2025; (3) Simultaneous exchange of expert rebuttal reports is set for February 28, 2025; (4) Expert discovery is to be completed by March 31, 2025; (5) Dispositive motions are due by April 30, 2025; (6) Responses to dispositive motions are due by May 21, 2025; (7) Replies in support of dispositive motions are due by June 4, 2025; (8) Oral Argument is set for July 9, 2025 at 10:00 a.m. in Courtroom 15B; (9) Pretrial Conference is set for September 25, 2025 at 10:00 a.m. in Courtroom 15B; and (10) Five-week Jury Trial is set for October 6, 2025 at 9:00 a.m. in Courtroom 15B before Judge Michael H. Simon. Trial Management Order to follow. Edward Johnson, Stephen Scott Walters, Jessica Ashlee Albies, and Rebecca L. Morgan present as counsel for Plaintiffs. Elizabeth C. Woodard and Clifford S. Davidson present as counsel for Defendants City of Portland and Prosper Portland. Misha Isaak and Rizwan Ahmad Qureshi present as counsel for Defendant Legacy Emanuel Hospital & Health Center. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 01/12/2024)

Trial Management Order and Supplemental Jury Trial Management Order Regarding the JERS System. Electronic trial exhibits due by 10/29/2025. Signed on 1/12/2024 by Judge Michael H. Simon. (mja) (Entered: 01/12/2024)

Rule 16 Conference

Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Nguyen, Diane) (Entered: 01/29/2024)

Supplemental Jury Trial Management Order Regarding the JERS System. Electronic trial exhibits due by 9/29/2025. Signed on 1/30/2024 by Judge Michael H. Simon. (mja) (Entered: 01/30/2024)

Notice of Appearance of Shelby C. Smith appearing on behalf of All Plaintiffs . Filed by on behalf of All Plaintiffs. (Smith, Shelby) (Entered: 07/15/2024)

Stipulated Proposed Form of Order Submitted Federal Rule of Evidence 502(d) Order and Clawback Agreement. Filed by City of Portland, Prosper Portland. (Davidson, Clifford) (Entered: 08/21/2024)

Federal Rule of Evidence 502(d) Order and Clawback Agreement. Signed on 8/22/2024 by Judge Michael H. Simon. (mja) (Entered: 08/22/2024)

Stipulated Motion for Protective Order . Filed by Legacy Emanuel Hospital & Health Center. (Isaak, Misha) (Entered: 09/12/2024)

Stipulated Protective Order. Signed on 9/13/2024 by Judge Michael H. Simon. (mja) (Entered: 09/13/2024)

Notice of Appearance of Brett E. Applegate appearing on behalf of City of Portland, Prosper Portland. Filed by on behalf of City of Portland, Prosper Portland. (Applegate, Brett) (Entered: 09/25/2024)

Notice of Appearance of Mackenzie E. L. Wong appearing on behalf of City of Portland, Prosper Portland. Filed by on behalf of City of Portland, Prosper Portland. (Wong, Mackenzie) (Entered: 09/25/2024)

Motion to Quash or for a Protective Order re SDT to Multnomah County. Oral Argument requested. Filed by All Plaintiffs. (Albies, Jessica) (Entered: 10/02/2024)

Declaration of J. Ashlee Albies ISO Motion to Quash or for Protective Order. Filed by All Plaintiffs. (Related document(s): Motion to Quash 55 .) (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) (Albies, Jessica) (Entered: 10/02/2024)

SCHEDULING ORDER - The Court sets a Telephone Status to discuss Plaintiff's Motion to Quash or for a Protective Order (ECF 55 ) for Monday, October 7, 2024 at 10:30 a.m. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/04/2024)

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Scheduling Order: Settlement Conference is SET for Wednesday, November 6, 2024 beginning at 09:00AM in Portland in Judge Nelson's chambers on the 14th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Ave., Portland, OR before Magistrate Judge John V. Acosta. The Court's settlement conference instructions have been provided to the parties. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 10/07/2024)

MINUTES OF TELEPHONE STATUS CONFERENCE: Plaintiffs' Motion to Quash or for a Protective Order (ECF 55 ) discussed as stated on the record. Jessica Ashlee Albies and Edward Johnson present as counsel for Plaintiffs. Brett Applegate present as counsel for Defendants City of Portland and Prosper Portland. Rizwan Qureshi present as counsel for Defendant Legacy Emanuel Hospital & Health Center. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/07/2024)

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Status Conference

Unopposed Motion to File Excess Pages . Filed by City of Portland, Prosper Portland. (Applegate, Brett) (Entered: 10/11/2024)

ORDER - The Court GRANTS Defendants City of Portland's and Prosper Portland's unopposed motion to exceed page limit (ECF 60 ) up to and including 25 pages. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/15/2024)

Order on Motion to File Excess Pages

Joint Response to Motion to Quash or for a Protective Order re SDT to Multnomah County 55 . Filed by City of Portland, Prosper Portland. (Applegate, Brett) (Entered: 10/16/2024)

Declaration of Mackenzie E. L. Wong in support of Response to Motion to Quash. Filed by City of Portland, Prosper Portland. (Related document(s): Response to Discovery Motion 62 .) (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21) (Applegate, Brett) (Entered: 10/16/2024)

Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Albies, Jessica) (Entered: 10/30/2024)

ORDER - The Court GRANTS Plaintiffs' unopposed motion to exceed page limit (ECF 64 ) up to and including 20 pages. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/30/2024)

Reply to Motion to Quash or for a Protective Order re SDT to Multnomah County 55 Oral Argument requested. Filed by All Plaintiffs. (Albies, Jessica) (Entered: 10/30/2024)

Declaration of J. Ashlee Albies ISO Motion to Quash or for Protective Order. Filed by All Plaintiffs. (Related document(s): Reply to Motion 66 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Albies, Jessica) (Entered: 10/30/2024)

Order on Motion to File Excess Pages

Scheduling Order: The Settlement Conference is set for 11/6/2024 at 09:00AM in Portland is converted to a videoconference before Magistrate Judge John V. Acosta and Judge Adrienne Nelson. The Court's videoconference information shall be provided to the parties prior to the conference. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 11/05/2024)

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MINUTES of Proceedings: Settlement Conference held before Judge Adrienne Nelson by videoconference on 11/6/2024. (joha) (Entered: 11/22/2024)

SCHEDULING ORDER - The Court GRANTS the parties' email request to extend deadlines as follows: Fact discovery is to be completed by March 31, 2025, and expert discovery is to be completed by April 30, 2025. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/12/2024)

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MINUTES of Proceedings: Settlement Conference held before Judge Adrienne Nelson and Magistrate Judge John V. Acosta by videoconference on 11/19/2024. (joha) (Entered: 11/22/2024)

Settlement Conference

Notice of Dismissal of Party Legacy Emanuel Hospital & Health Center . Filed by All Plaintiffs. (Johnson, Edward) (Entered: 01/22/2025)