This case was last updated from PACER on 03/09/2020 at 08:27:00 (UTC).

Malaer v. Kirkpatrick et al

Case Summary

On 01/09/2020 Malaer filed a Civil Right - Other Civil Right lawsuit against Kirkpatrick. This case was filed in U.S. District Courts, Oregon District. The Judge overseeing this case is Mark D. Clarke. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-00049

  • Filing Date:

    01/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Mark D. Clarke

 

Party Details

Plaintiff

Johny Lee Malaer

Medford, OR 97501

Defendants

Sgt. Geoffrey Kirkpatrick

Ofc. Michael Wulff

Sheriff Nathan Sickler

Ofc. Ashlee Scottow

Ofc. Omar Esqueda

Attorney/Law Firm Details

Plaintiff Attorney

Timothy S. DeJong

Attorney at Stoll Stoll Berne Lokting & Shlachter, PC

209 S.W. Oak Street, Fifth Floor

Portland, OR 97204

Defendant Attorneys

Eric B. Mitton

Attorney at Medford City Attorney's Office

411 W 8Th St, Room 360

Medford, OR 97501

Joel C Benton

Attorney at Jackson County Counsel

10 South Oakdale

Medford, OR 97501

Brett A. Baumann

Attorney at Jackson County Counsel

10 S Oakdale, Rm 214

Medford, OR 97501

 

Court Documents

#28

(#28) Response to Motion for Stay (Titled Abate Response) #24 . Filed by Johny Lee Malaer. (jkm) (Entered: 03/03/2020)

#27

(#27) Answer to #1 Complaint with Jury Demand. . Filed by Michael Wulff, Omar Esqueda, Geoffrey Kirkpatrick, Ashlee Scottow. (Mitton, Eric) (Entered: 02/24/2020)

#26

(#26) Answer to #1 Complaint . Filed by Nathan Sickler. (Benton, Joel) (Entered: 02/24/2020)

#21

(#21) Return of Service Executed as to Michael Wulff served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

#20

(#20) Return of Service Executed as to Ashlee Scottow served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

#19

(#19) Return of Service Executed as to Geoffrey Kirkpatrick served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

#17

No Description Available

#15

No Description Available

#14

No Description Available

#11

No Description Available

#9

(#9) Summons Issued as to Michael Wulff. (jkm) (Entered: 01/22/2020)

#8

(#8) Summons Issued as to Omar Esqueda. (jkm) (Entered: 01/22/2020)

#6

(#7) Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery order,, #6 . Dispositive Motions are due by 6/12/2020. Ordered by Magistrate Judge Mark D. Clarke.(Mailed to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

#5

(#5) ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Magistrate Judge Mark D. Clarke. (Mailed Blank summonses for Dfts & USM285 forms & Copy of this Order to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

#3

(#3) Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (Mailed to Pro Se party on 1/13/2020.) (jkm) (Entered: 01/13/2020)

#2

(#5) ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Magistrate Judge Mark D. Clarke. (Mailed Blank summonses for Dfts & USM285 forms & Copy of this Order to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

1 #1

Civil Cover Sheet

15 More Documents Available

 

Docket Entries

  • 03/03/2020
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  • Docket(#28) Response to Motion for Stay (Titled Abate Response) #24 . Filed by Johny Lee Malaer. (jkm) (Entered: 03/03/2020)

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  • 02/24/2020
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  • Docket(#27) Answer to #1 Complaint with Jury Demand. . Filed by Michael Wulff, Omar Esqueda, Geoffrey Kirkpatrick, Ashlee Scottow. (Mitton, Eric) (Entered: 02/24/2020)

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  • 02/24/2020
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  • Docket(#26) Answer to #1 Complaint . Filed by Nathan Sickler. (Benton, Joel) (Entered: 02/24/2020)

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  • 02/24/2020
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  • Docket(#25) Declaration of Eric B. Mitton . Filed by Omar Esqueda, Geoffrey Kirkpatrick, Ashlee Scottow, Michael Wulff. (Related document(s): Motion for Stay #24 .) (Mitton, Eric) (Entered: 02/24/2020)

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  • 02/24/2020
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  • Docket(#24) Motion for Stay . Oral Argument requested. Filed by Omar Esqueda, Geoffrey Kirkpatrick, Ashlee Scottow, Michael Wulff. (Mitton, Eric) (Entered: 02/24/2020)

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  • 02/10/2020
  • Docket(#23) ORDER: The Court has attempted to appoint pro bono counsel, but unfortunately the attempt was unsuccessful. Plaintiff has indicated that he has exhausted the Oregon State Bar referral service, as well as local resources. The Court encourages Plaintiff to try these resources once more, if possible, but understands that may be a frustrating endeavor. Should Plaintiff decide to move forward with the case as a self-represented litigant, the Court would direct him to the District of Oregons public website <. There, he will find a tab entitled, Representing Yourself, with information on Court Rules and Procedures, applying to E-file, forms, and other helpful information for litigating in federal court. The initial deadlines for the defendants to answer, and discovery and dispositive motions to be completed have been set. Should Plaintiff need more time to complete the various tasks, he should request extensions of time in writing and the Court will consider them in due course. Ordered by Magistrate Judge Mark D. Clarke.(Mailed to Pro Se party on 02/10/2020.) (rsm) (Entered: 02/10/2020)

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  • 02/04/2020
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  • Docket(#22) Return of Service Executed as to Omar Esqueda served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#21) Return of Service Executed as to Michael Wulff served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#20) Return of Service Executed as to Ashlee Scottow served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

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  • 02/04/2020
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  • Docket(#19) Return of Service Executed as to Geoffrey Kirkpatrick served on 2/3/2020, answer due on 2/24/2020. (jkm) (Entered: 02/04/2020)

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8 More Docket Entries
  • 01/21/2020
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  • Docket(#10) Summons Issued as to Ashlee Scottow. (jkm) (Entered: 01/22/2020)

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  • 01/21/2020
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  • Docket(#9) Summons Issued as to Michael Wulff. (jkm) (Entered: 01/22/2020)

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  • 01/21/2020
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  • Docket(#8) Summons Issued as to Omar Esqueda. (jkm) (Entered: 01/22/2020)

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  • 01/14/2020
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  • Docket(#7) Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery order,, #6 . Dispositive Motions are due by 6/12/2020. Ordered by Magistrate Judge Mark D. Clarke.(Mailed to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

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  • 01/14/2020
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  • Docket(#6) Notice of Case Assignment to Magistrate Judge Mark D. Clarke 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 5/13/2020. Joint Alternate Dispute Resolution Report is due by 6/12/2020. Pretrial Order is due by 6/12/2020. Ordered by Magistrate Judge Mark D. Clarke. (Mailed to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

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  • 01/14/2020
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  • Docket(#5) ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Magistrate Judge Mark D. Clarke. (Mailed Blank summonses for Dfts & USM285 forms & Copy of this Order to Pro Se party on 1/14/2020.) (jkm) (Entered: 01/14/2020)

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  • 01/14/2020
  • Docket(#4) ORDER: The Clerk is instructed to send the appropriate service of summons and USM paperwork to pro se plaintiff. Ordered by Magistrate Judge Mark D. Clarke.(Mailed to Pro Se party on 01/14/2020.) (rsm) (Entered: 01/14/2020)

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  • 01/13/2020
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  • Docket(#3) Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (Mailed to Pro Se party on 1/13/2020.) (jkm) (Entered: 01/13/2020)

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  • 01/09/2020
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  • Docket(#2) Application for Leave to Proceed IFP. Filed by Johny Lee Malaer. (jkm) (Entered: 01/09/2020)

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  • 01/09/2020
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  • Docket(#1) Complaint. Jury Trial Requested: Yes. Filed by Johny Lee Malaer against All Defendants (Attachments: #1 Civil Cover Sheet). (jkm) (Entered: 01/09/2020)

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