| Date Filed | Doc # | Docket Text |
|
| 2019-09-13 | 1 | Complaint. Filing fee in the amount of $400 collected. Receipt No. 13107. Summons issued as to U.S Department of Transportation and U.S. Department of Health and Human Services. Jury Trial Requested: No. Filed by Steven Smith against All Defendants (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Proposed Summons, # 4 Proposed Summons). (kf) (Entered: 09/13/2019) |
| 2019-09-13 | 2 | Summons Issued as to U.S. Department of Health and Human Services, U.S. Department of Transportation. (kf) (Entered: 09/13/2019) |
| 2019-09-13 | 3 | Notice of Case Assignment to Judge Ann L. Aiken 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 1/13/2020. Joint Alternate Dispute Resolution Report is due by 2/10/2020. Pretrial Order is due by 2/10/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/13/19.) (kf) (Entered: 09/13/2019) |
| 2019-09-13 | 4 | CASE MANAGEMENT ORDER. Signed on 9/13/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/13/2019.) (ck) (Entered: 09/13/2019) |
| 2019-10-28 | 5 | Answer to 1 Complaint, . Filed by U.S. Department of Health and Human Services, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 10/28/2019) |
| 2019-11-12 | 6 | Plaintiff's Motion for Partial Summary Judgment and Memorandum and Plaintiff's Declaration in Support. Filed by Steven Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (bd) (Entered: 11/13/2019) |
| 2019-11-15 | 7 | Plaintiff's Motion for Voluntary Dismissal of Defendant U.S. Dept. of Health & Human Services. Filed by Steven Smith. (bd) (Entered: 11/18/2019) |
| 2019-11-18 | 8 | ORDER: Granting Plaintiff's Motion for Voluntary Dismissal of Defendant U.S. Dept. of Health & Human Services 7 . Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 11/18/2019.) (ck) (Entered: 11/18/2019) |
| 2019-12-03 | 9 | Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/03/2019) |
| 2019-12-03 | 10 | ORDER: Granting 9 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Partial Summary Judgment 6 filed by Steven Smith. Response is due by 1/2/2020. Motion is taken under advisement as of 1/21/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 12/3/2019.) (ck) (Entered: 12/03/2019) |
| 2019-12-31 | 11 | Unopposed Motion for Extension of Time to File a Response/Reply (Second) to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/31/2019) |
| 2019-12-31 | 12 | ORDER: Granting 11 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Partial Summary Judgment 6 . Response is due by 1/9/2020. Motion is taken under advisement as of 1/27/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 12/31/2019.) (ck) (Entered: 12/31/2019) |
| 2020-01-09 | 13 | Response to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/09/2020) |
| 2020-01-09 | 14 | Declaration of Michael Bell . Filed by U.S. Department of Transportation. (Related document(s): Response to Motion 13 .) (Danielson, Kevin) (Entered: 01/09/2020) |
| 2020-01-24 | 15 | Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Partial Summary Judgment 6 . Filed by Steven Smith. (Attachments: # 1 Exhibit) (bd) (Entered: 01/27/2020) |
| 2020-02-04 | 16 | OPINION AND ORDER: Plaintiff's Motion for Partial Summary Judgment 6 is DENIED. Signed on 2/4/2020 by Judge Ann L. Aiken. (Mailed to Pro Se party on 2/5/2020.) (ck) (Entered: 02/05/2020) |
| 2020-07-20 | 17 | Motion for Leave to File Amended Complaint/Petition (Titled "Plaintiff's Motion to Amend Complaint Pursuant to FRCP 15 and Memorandum"). Filed by Steven Smith. (Attachments: # 1 Proposed Document) (bd) (Entered: 07/21/2020) |
| 2020-08-03 | 18 | Response to Motion for Leave to File Amended Complaint/Petition 17 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 08/03/2020) |
| 2020-08-24 | 19 | Reply to Motion for Leave to File Amended Complaint/Petition 17 (Titled "Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to Amend Complaint") . Filed by Steven Smith. (bd) (Entered: 08/24/2020) |
| 2020-08-26 | 20 | Scheduling Order by Judge Ann L. Aiken regarding Motion for Leave to File Amended Complaint/Petition 17 . Telephonic Oral Argument is set for 9/14/2020 at 03:30PM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Motion is taken under advisement as of 9/14/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 8/26/2020.) (ck) (Entered: 08/26/2020) |
| 2020-09-14 | 21 | MINUTES of Proceedings: Telephonic Motion Hearing held before Judge Ann L. Aiken regarding Motion for Leave to File Amended Complaint/Petition 17 . The Court hears argument as stated on the record and GRANTS the motion. Amended Complaint is due by 9/24/2020. Answer is due by 10/26/2020. Steven Smith present as pro se plaintiff. Kevin Danielson present as counsel for defendants. Court Reporter: Kelly Polvi. (Mailed to Pro Se party on 9/14/2020.) (ck) (Entered: 09/14/2020) |
| 2020-09-21 | 22 | Amended Complaint. Filed by Steven Smith against U.S. Department of Transportation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C). (bd) (Entered: 09/22/2020) |
| 2020-10-13 | 23 | Motion for Settlement Conference Pursuant to LR 16-4(e)(2) . Filed by Steven Smith. (bd) (Entered: 10/13/2020) |
| 2020-10-26 | 24 | Response to Motion for Settlement 23 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 10/26/2020) |
| 2020-10-26 | 25 | Unopposed Motion for Extension of Time to Answer Amended Complaint 22 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 10/26/2020) |
| 2020-10-26 | 26 | ORDER: Granting Motion for Extension of Time to Answer 25 . Answer is due 15 days following a settlement conference. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 10/26/2020.) (ck) (Entered: 10/26/2020) |
| 2020-11-03 | 27 | ORDER: Granting Motion for Settlement Conference 23 . This case is referred to Magistrate Judge Thomas M. Coffin for a settlement conference. The parties are directed to contact Judge Coffin's Courtroom Deputy, Paul Bruch, at Paul_Bruch@ord.uscourts.gov or 541-431-4111 to schedule the conference. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 11/3/2020.) (ck) (Entered: 11/03/2020) |
| 2020-12-28 | 28 | Plaintiff's Motion for Settlement Conference Available Dates. Filed by Steven Smith. (jw) (Entered: 12/29/2020) |
| 2021-01-27 | 29 | Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 2/12/2021 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Participation of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Ordered parties to submit settlement document to the court by 12:00PM, 2/8/2021, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Signed on 1/27/2021 by Magistrate Judge Thomas M. Coffin. (Deposited in outgoing mail to pro se party on 1/27/2021.) (plb) (Entered: 01/27/2021) |
| 2021-02-12 | 30 | MINUTES of Proceedings: Telephone Settlement Conference. Case does not settle. Negotiations ongoing. Steven Smith present as pro se plaintiff. Kevin Danielson present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (Deposited in outgoing mail to pro se party on 2/12/2021.) (plb) (Entered: 02/12/2021) |
| 2021-08-10 | 31 | ORDER: Finding as Moot Plaintiff's Motion for Settlement Conference 28 as a settlement conference took place on 2/12/2021. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 8/10/2021.) (ck) (Entered: 08/10/2021) |
| 2021-09-01 | 32 | ORDER: The Court has received plaintiff's 8/26/2021 letter regarding the Court's 8/10/2021 Order, ECF no. 31, denying plaintiff's Motion for Settlement Conference 28 . The Court provides the following clarifications in response. Plaintiff filed the Motion 28 after the Court had granted plaintiff's earlier Motion for Settlement Conference 23 and referred the case to Magistrate Judge Thomas M. Coffin for a settlement conference. ECF no. 27. This Motion 28 asked the Court to order a process for the parties' conferral over potential settlement conference dates. Because the settlement conference took place in February 2021, the Court's 8/10/2021 Order, ECF no. 31, found that plaintiff's request for assistance in conferring over settlement dates was moot, but the Order did not affect the Court's earlier order referring the case to Judge Coffin for settlement. Specifically, the Order did not terminate the settlement proceedings. The Minutes, ECF no. 30, of the 2/12/2021 settlement conference state that "negotiations are ongoing," and this case will remain in settlement proceedings before Judge Coffin until Judge Coffin orders otherwise. Under the Court's 10/26/2020 Order, ECF no. 26, defendant's Answer is not due until 15 days after settlement proceedings terminate. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 9/1/2021.) (ck) (Entered: 09/01/2021) |
| 2021-10-20 | 33 | Order Appointing Diane M. Henkels for Steven Smith as Pro Bono Counsel (Specific Purpose Appointment) . If representation is accepted, counsel is to file the attached Notice of Completion of Pro Bono Appointment upon completion of the specific purpose(s) of Mediation. Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 11/3/2021. Signed on 10/20/2021 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 10/20/2021.) (ck) (Entered: 10/20/2021) |
| 2021-11-08 | 34 | Pro Bono Appointment Response. Representation is accepted as specified in the Order Appointing Pro Bono Counsel . Filed by Steven Smith. (Related document(s): Order Appointing Pro Bono Counsel,, 33 .) (Henkels, Diane) (Entered: 11/08/2021) |
| 2021-12-21 | 35 | Scheduling Order by Judge Ann L. Aiken. The parties are directed to contact Paul Bruch at Paul_Bruch@ord.uscourts.gov or (541) 431-4111 to schedule a mediation with (Ret.) Magistrate Judge Thomas M. Coffin. Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/21/2021) |
| 2022-06-15 | 36 | Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 6/30/2022 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/15/2022) |
| 2022-06-30 | 37 | MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court sets the following schedule: Answer is due by 7/22/2022. Dispositive Motions are due by 11/21/2022. Responses to Dispositive Motions are due by 12/12/2022. Replies to Dispositive Motions are due by 12/27/2022. Dispositive Motions will be taken under advisement as of 1/3/2023. Diane Henkels present as counsel for plaintiff. Kevin Danielson present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) (Entered: 06/30/2022) |
| 2022-07-13 | 38 | Notice Of Completion of Pro Bono Appointment Filed by Steven Smith. (Henkels, Diane) (Entered: 07/13/2022) |
| 2022-07-14 | 39 | Order Terminating Pro Bono Counsel. Signed on 7/14/2022 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 7/14/2022.) (ck) (Entered: 07/14/2022) |
| 2022-07-22 | 40 | Answer to 22 Amended Complaint . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 07/22/2022) |
| 2022-10-17 | 41 | Motion for Partial Summary Judgment (titled "Plaintiff's Motion for Partial Summary Judgment and Memorandum and Plaintiff's Declaration in Support") . Filed by Steven Smith. (Attachments: # 1 Exhibit, # 2 Appendix.) (bd) (Entered: 10/18/2022) |
| 2022-11-18 | 42 | Motion for Extension of Time of Dispositive Motions Briefing Schedule . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 11/18/2022) |
| 2022-11-30 | 43 | ORDER: Granting Motion for Extension of Time 42 . Defendant's Dispositive Motion is due by 12/5/2022. Defendant's response to Plaintiff's Motion for Partial Summary Judgment is due by 12/27/2022. Plaintiff's response to Defendant's dispositive motion is due by 12/27/2022. Plaintiff's Reply in support of Motion for Partial Summary Judgment is due by 1/10/2023. Defendant's Reply in support of dispositive motion is due by 1/10/2023. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 11/30/2022.) (ck) (Entered: 11/30/2022) |
| 2022-12-02 | 44 | Second Motion for Extension of Time of Dispositive Motions Briefing Schedule . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/02/2022) |
| 2022-12-02 | 45 | ORDER: Granting Second Motion for Extension of Time 44 . Defendant's dispositive motion is due by 1/19/2023. Defendant's response to Plaintiff's Motion for Partial Summary Judgment is due by 2/10/2023. Plaintiff's response to Defendant's dispositive motion is due by 2/10/2023. Plaintiff's Reply in support of Motion for Partial Summary Judgment is due by 2/24/2023. Defendant's Reply in support of dispositive motion is due by 2/24/2023. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 12/2/2022.) (ck) (Entered: 12/02/2022) |
| 2023-01-19 | 46 | Motion for Summary Judgment . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 47 | Declaration of Debra Goodman . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 48 | Declaration of Paris Smith . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 49 | Declaration of Gregory Yamamoto . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 50 | Declaration of Barbara Campbell . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 51 | Declaration of Nicholas Toaso . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 52 | Declaration of Kevin Danielson . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 46 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-19 | 53 | Certificate of Service by U.S. Department of Transportation of Declaration 51 , Declaration 48 , Declaration 52 , Declaration 50 , Declaration 47 , Declaration 49 Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/19/2023) |
| 2023-01-20 | 54 | Summary Judgment Advice Notice regarding Motion for Summary Judgment 46 . Response is due by 2/21/2023. Signed on 1/20/2023 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 1/20/2023.) (ck) (Entered: 01/20/2023) |
| 2023-02-07 | 55 | Scheduling Order regarding Motion for Partial Summary Judgment 41 . Response is due by 3/10/2023. Motion is taken under advisement as of 3/27/2023. Scheduling Order regarding Motion for Summary Judgment 46 . Response is due by 3/23/2023. Motion is taken under advisement as of 4/10/2023. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 2/7/2023.) (ck) (Entered: 02/07/2023) |
| 2023-03-09 | 56 | Scheduling Order: At the joint request of the parties, Response to Motion for Partial Summary Judgment 41 is due by 3/24/2023. Motion is taken under advisement as of 4/10/2023. Response to Motion for Summary Judgment 46 is due by 4/6/2023. Motion is taken under advisement as of 4/24/2023. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 3/9/2023.) (ck) (Entered: 03/09/2023) |
| 2023-03-17 | 57 | 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (Deposited in outgoing mail to pro se party on 3/17/2023.) (ck) (Entered: 03/17/2023) |
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