Gaines v. Nordstrom, Inc.
| Oregon District Court | |
| Case #: | 3:05-cv-00689 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 16, 2005 |
| Terminated: | Sep 20, 2006 |
Defendant
Amber Powers
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Defendant
David
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Defendant
Mathew
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Defendant
Nordstrom, Inc.
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Defendant
Udy Thomas
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Plaintiff
Artissa Gaines
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GPO
Jul 15 2005
Findings & Recommendation: Defendant Nordstrom's Motion to Dismiss for Failure to State a Claim for which Relief may be Granted 8 should be granted, and the Motion to Dismiss for Failure to Comply with FRCP 8 8 should be denied as moot. Objections to the Findings and Recommendation due by 8/2/2005. Response to Objections to the Findings and Recommendation due by 8/16/2005. Signed on 7/15/05 by Judge John Jelderks. (gm) |
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GPO
Sep 26 2005
ORDER: Adopting the Magistrate's Findings and Recommendation 18. Defendant Nordstrom's Motion to Dismiss 8 is Granted. The Court concludes the Magistrate Judge's Findings and Recommendation adequately explain the deficiencies in Plaintiff's attempted 1983 claims against Defendant Nordstrom. Although this Court agrees there is not any way Plaintiff can overcome the deficiencies as to the 1983 claim, the Court concludes it may be possible the Court would have supplemental jurisdiction over possible state claims against Defendant Nordstrom while it retains jurisdiction as to the 1983 claim against the police officer Defendants, who, as yet, have not been served and thus, have not appeared. The Court, therefore also Grants Plaintiff leave to file an amended complaint by October 10, 2005. Signed on 9/26/05 by Judge Anna J. Brown. (gm, ) |
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GPO
Aug 14 2006
Findings & Recommendation: This Court recommends that Defendant's Motion for Summary Judgment 43 be granted and a judgment be entered dismissing the following claims with prejudice: 42 U.S.C. § 1981 (Claim 1); 42 U.S.C. § 2000a (Claim 2); Or. Rev. Stat. § 659A.403 (Claim 3); and intentional infliction of emotional distress (Claim 4). The Court recommends dismissing Plaintiff's false imprisonment and assault claims (Claims 5 & 6) without prejudice pursuant to 28 U.S.C. § 1367(c), and that a judgment be entered accordingly. Objections to the Findings and Recommendation are due by 8/28/2006. Response to Objections to the Findings and Recommendation are due by 9/11/2006. Signed on 8/14/06 by Judge Paul Papak. (gm) |
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GPO
Sep 20 2006
ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#68). Accordingly, the Court GRANTS Defendant's Motion for Summary Judgment (#43) as to Plaintiff's claims for intentional infliction of emotional distress and violations of 42 U.S.C. § 1981, 42 U.S.C. § 2000a, and Or. Rev. Stat. § 659A.403 and declines to exercise supplemental jurisdiction over Plaintiff's claims for false imprisonment and assault. The Court, therefore, DISMISSES Plaintiff's claims for intentional infliction of emotional distress and violations of 42 U.S.C. § 1981, 42 U.S.C. § 2000a, and Or. Rev. Stat. § 659A.403 with prejudice and DISMISSES Plaintiff's claims for false imprisonment and assault without prejudice. Signed on September 19, 2006 by Judge Anna J. Brown. (eo) |