Case: Rollins v. Clatsop County

Complaint. Jury Trial Requested. Filing Fee in amount of $350 collected. Receipt No. 18356 issued..Filed by Darrell Rollins against Clatsop County, Tom Bergin. (ntm) (Entered: 11/09/2007)

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery is to be completed by 3/7/2008. Joint Alternate Dispute Resolution Report is due by 4/7/2008. Pretrial Order is due by 4/7/2008. Ordered by Judge Michael W. Mosman. (ntm) (Entered: 11/09/2007)

Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Garr M. King. (eo) (Entered: 12/14/2007)

Waiver of Service of Summons Returned Executed by Clatsop County waiver sent on 1/23/2008; Tom Bergin waiver sent on 1/23/2008. Filed by all defendants. (Kraemer, Steven) (Entered: 01/24/2008)

Unopposed Motion for Extension of Discovery &PTO Deadlines. Filed by all defendants. (Kraemer, Steven) (Entered: 03/07/2008)

Affidavit of Travis J. Mayor in Support of Motion. Filed by all defendants. (Related document(s): Motion for Extension of Discovery &PTO Deadlines 5 .) (Kraemer, Steven) (Entered: 03/07/2008)

ORDER − Defendants' Motion for Extension of Discovery &PTO Deadlines 5 is GRANTED as follows: Discovery is to be completed by 9/4/2008. Joint Alternate Dispute Resolution Report is due by 10/6/2008. Pretrial Order is due by 10/6/2008. Setting a Telephone Rule 16 Conference for 9/3/2008 at 09:15AM. The Court will initiate the call to the following parties: Leonard Randolph Berman (503) 473−8787 and Steven A. Kraemer (503) 222−4499. Ordered by Judge Garr M. King. (mja) (Entered: 03/10/2008)

Answer to Complaint with Jury Demand. Filed by Clatsop County, Tom Bergin. (Kraemer, Steven) (Entered: 03/20/2008)

Unopposed Motion for Extension of Discovery &PTO Deadlines. Filed by all plaintiffs. (Berman, Leonard) (Entered: 07/24/2008)

Declaration of Leonard Berman. Filed by all plaintiffs. (Related document(s): Motion for Extension of Discovery &PTO Deadlines 9 .) (Berman, Leonard) (Entered: 07/24/2008)

ORDER − Granting Plaintiff's Unopposed Motion for Extension of Discovery &PTO Deadlines 9 as follows: Discovery is to be completed by 12/1/2008. Joint Alternate Dispute Resolution Report is due by 1/5/2009. Pretrial Order is due by 1/5/2009. Resetting the Telephone Rule 16 Conference from 9/3/2008 to 11/18/2008 at 09:45AM. The Court will initiate the call to the following parties: Leonard Randolph Berman (503) 473−8787 and Steven A. Kraemer (503) 222−4499. Ordered by Judge Garr M. King. (mja) (Entered: 07/25/2008)

Motion for Leave to File Amended Complaint/Petition. Filed by all plaintiffs. (Berman, Leonard) (Entered: 09/05/2008)

Declaration of Leonard Berman. Filed by all plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 12 .) (Attachments: # 1 EXHIBIT A) (Berman, Leonard) Modified text of attachment on 9/10/2008 (Hunt, Patricia). (Entered: 09/05/2008)

Response to Motion for Leave to File Amended Complaint/Petition 12 . Filed by all defendants. (Kraemer, Steven) (Entered: 09/16/2008)

ORDER − Granting Plaintiff's Motion for Leave to File Amended Complaint 12 . Amended Complaint is due 9/26/2008. Ordered by Judge Garr M. King. (mja) (Entered: 09/18/2008)

Notice of Attorney Withdrawal: Travis J. Mayor .Filed by all defendants. (Kraemer, Steven) (Entered: 09/30/2008)

Answer to Amended Complaint and Affirmative Defenses , Counterclaim Darrell Rollins. Filed by Clatsop County, Tom Bergin. (Kraemer, Steven) (Entered: 10/01/2008)

Unopposed Motion to Dismiss Individual Plaintiffs Voluntarily . Filed by all plaintiffs. (Berman, Leonard) (Entered: 10/15/2008)

ORDER − Granting Plaintiff's Motion to Dismiss Individual Plaintiffs Voluntarily 19 . Plaintiffs Kenken, King and Rollins are dismissed without prejudice. Ordered by Judge Garr M. King. (mja) (Entered: 11/03/2008)

AMENDED ORDER − Granting Plaintiff's Motion to Dismiss Individual Plaintiffs Voluntarily 19 . Plaintiffs Menken , King and Rollins are dismissed without prejudice. Ordered by Judge Garr M. King. (mja) (Entered: 11/18/2008)

Unopposed Motion to Dismiss Plaintiff Leroux . Filed by all plaintiffs. (Berman, Leonard) (Entered: 11/17/2008)

MINUTES of Telephone Rule 16 Conference: Order − Plaintiff's Unopposed Motion to Dismiss Plaintiff Leroux 21 is GRANTED. Order − Setting a case schedule as follows: Discovery is to be completed by 1/2/2009. Dispositive Motions are due by 2/2/2009. Motion to Certify Class is due by 6/1/2009. Steven A. Kraemer present as counsel for plaintiff(s). Leonard Berman present as counsel for defendant(s). Court Reporter: Nancy Walker. Garr M. King presiding. (mja) (Entered: 11/18/2008)

Motion for Extension of Discovery &PTO Deadlines. Filed by all plaintiffs. (Berman, Leonard) (Entered: 12/16/2008)

Declaration of Leonard R. Berman. Filed by all plaintiffs. (Related document(s): Motion for Extension of Discovery &PTO Deadlines 24 .) (Berman, Leonard) (Entered: 12/16/2008)

Response to Motion for Extension of Discovery &PTO Deadlines 24 . Filed by all defendants. (Kraemer, Steven) (Entered: 12/17/2008)

Declaration of Steven A. Kraemer. Filed by all defendants. (Related document(s): Response to Motion 26 .) (Kraemer, Steven) (Entered: 12/17/2008)

Scheduling Order by Judge Garr M. King. Order − Setting a Telephone Conference to discuss Plaintiff's Motion for Extension of Discovery and PTO Deadlines 24 for 1/8/2009 at 01:30PM. The Court will initiate the call. Ordered by Judge Garr M. King. (mja) (Entered: 01/05/2009)

MINUTES of Telephone Conference: Order − Plaintiff's Motion for Extension of Discovery and PTO Deadlines 24 is GRANTED in PART. Discovery to be completed by 1/26/2009. Dispositive Motions are due by 2/17/2009. All other deadlines remain as previously set. Leonard Berman present as counsel for plaintiff(s). Steven Kraemer present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Garr M. King presiding. (mja) (Entered: 01/08/2009)

Scheduling Order by Judge Garr M. King. Order − Defendants' letter request to extend the deadline for filing his Motion for Summary Judgment is GRANTED. Dispositive Motion due by 2/27/2009. Ordered by Judge Garr M. King. (mja) (Entered: 02/04/2009)

Motion for Summary Judgment. oral argument requested. Filed by all defendants. (Kraemer, Steven) (Entered: 02/27/2009)

Concise Statement of Material Fact. Filed by all defendants. (Related document(s): Motion for Summary Judgment 31 .) (Kraemer, Steven) (Entered: 02/27/2009)

Affidavit of Steven A. Kraemer in Support of Motion. Filed by all defendants. (Related document(s): Motion for Summary Judgment 31 .) (Kraemer, Steven) (Entered: 02/27/2009)

Affidavit of Paul Tesi in Support of Motion. Filed by all defendants. (Related document(s): Motion for Summary Judgment 31 .) (Kraemer, Steven) (Entered: 02/27/2009)

Affidavit of Richard Moyer in Support of Motion. Filed by all defendants. (Related document(s): Motion for Summary Judgment 31 .) (Kraemer, Steven) (Entered: 02/27/2009)

Affidavit of David Clarke in Support of Motion. Filed by all defendants. (Related document(s): Motion for Summary Judgment 31 .) (Kraemer, Steven) (Entered: 02/27/2009)

Scheduling Order by Judge Garr M. King. Order − Setting Oral Argument on Defendants' Motion for Summary Judgment 31 for 4/9/2009 at 09:30AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 03/02/2009)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 31 . Filed by all plaintiffs. (Berman, Leonard) (Entered: 03/09/2009)

Declaration of Leonard R. Berman. Filed by all plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 39 .) (Berman, Leonard) (Entered: 03/09/2009)

ORDER − Granting Plaintiff's Motion for Extension of Time to File Response/Reply 39 . Response is due by 3/27/2009. Resetting the Oral Argument Hearing from 4/9/2009 to 4/23/2009 at 09:30AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 03/10/2009)

Motion for Leave to File Amended Complaint/Petition. Filed by all plaintiffs. (Berman, Leonard) (Entered: 03/26/2009)

Declaration of Leonard R. Berman. Filed by all plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 42 .) (Attachments: # 1 Exhibit A Second Amended Complaint) (Berman, Leonard) (Entered: 03/27/2009)

Response in Opposition to Motion for Summary Judgment 31 Oral requested. Filed by all plaintiffs. (Berman, Leonard) (Entered: 03/27/2009)

Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 31 . Filed by all plaintiffs. (Berman, Leonard) (Entered: 03/27/2009)

Declaration of Leonard R. Berman. Filed by all plaintiffs. (Related document(s): Motion for Summary Judgment 31 .) (Attachments: # 1 Exhibit 1. Clatsop County Policy, # 2 Exhibit 2. Affidavit of Debbi Davis, # 3 Exhibit 3. Affidavit of Stephen Schwanbeck) (Berman, Leonard) (Entered: 03/27/2009)

Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 31 . Filed by all defendants. (Kraemer, Steven) (Entered: 04/06/2009)

Declaration of Steven A. Kraemer. Filed by all defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 47 .) (Kraemer, Steven) (Entered: 04/06/2009)

ORDER − Granting Defendants' Motion for Extension of Time to File Reply 47 . Reply is due by 4/13/2009. Resetting the Oral Argument from 4/23/2009 to 4/30/2009 at 10:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja) (Entered: 04/07/2009)

Reply to Plaintiffs' Additional Asserted Facts . Filed by all defendants. (Kraemer, Steven) (Entered: 04/13/2009)

Reply In Support to Motion for Summary Judgment 31 Oral Argument requested. Filed by all defendants. (Kraemer, Steven) (Entered: 04/13/2009)

MINUTES of Motion Hearing: Order − Due to the unavailability of plaintiffs' counsel, the Court is resetting the TIME set for the Oral Argument Hearing from 4/30/2009 at 10:00AM to 4/30/2009 at 01:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Steven Kraemer present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Garr M. King presiding. (mja) (Entered: 04/30/2009)

MINUTES of Oral Argument Hearing: Order − Defendants' Motion for Summary Judgment 31 is GRANTED. Plaintiffs' Motion to File Amended Complaint 42 is DENIED. Leonard Berman present as counsel for plaintiff(s). Steven Kraemer present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Garr M. King presiding. (mja) (Entered: 04/30/2009)

JUDGMENT. Based on the record, IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice. Signed on 05/04/09 by Judge Garr M. King. (pvh) (Entered: 05/05/2009)