Macon v. Arevalo et al
| Oregon District Court | |
| Judge: | Marco A Hernandez |
| Case #: | 3:20-cv-01660 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | Sep 23, 2020 |
| Terminated: | Nov 15, 2021 |
| Last checked: Monday Mar 22, 2021 1:40 AM PDT |
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Defendant
Yesika Arevalo
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Represented By
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Defendant
Pedro Cruz
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Represented By
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Defendant
Tyler Koski
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Represented By
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Defendant
Ryan Parker
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Represented By
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Defendant
Proud Ground Organization
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Represented By
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Defendant
Katie Ullrich
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Represented By
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Plaintiff
Jenine Kristina Macon
2510 SW Scenic Drive
Portland, OR 97225 |
GPO
Jul 30 2021
OPINION & ORDER: Plaintiff's Motion for Entry of Default 13 and Motion for Default Judgment 17 are DENIED. Defendant Proud Ground's Motion to Dismiss for Failure to State a Claim 16 and Defendant Pedro Cruz's Motion to Dismiss 20 are GRANTED with leave to amend. Plaintiff may file an amended complaint within 21 days of the date of this order and shall have an additional 21 days after filing her amended complaint to complete service on Defendant Cruz. No further extensions of time will be granted. Plaintiff is warned that failure to comply with this order will result in dismissal of this action. Signed on 7/30/2021 by Judge Marco A. Hernandez.(Deposited in outgoing mail to pro se party on 8/2/2021.) (jp) |
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GPO
Nov 14 2021
OPINION & ORDER: Defendant Proud Ground's Motion to Dismiss for Failure to State a Claim 29 and Defendant Pedro Cruzs Motion to Dismiss 31 are GRANTED without leave to amend. Signed on 11/14/2021 by Judge Marco A. Hernandez.(Deposited in outgoing mail to pro se party on 11/19/2021.) (jp) |
| Docket last updated: 05/04/2025 11:59 PM PDT |
| Monday, November 15, 2021 | ||
| 39 | 39
order
Judgment - Terminate Case
Fri 11/19 2:13 PM
JUDGMENT. Signed on 11/15/2021 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 11/18/2021.) (jp) |
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| Sunday, November 14, 2021 | ||
| 38 | 38
7
pgs
order
Opinion and Order
Fri 11/19 2:10 PM
OPINION & ORDER: Defendant Proud Ground's Motion to Dismiss for Failure to State a Claim29 and Defendant Pedro Cruzs Motion to Dismiss31 are GRANTED without leave to amend. Signed on 11/14/2021 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 11/19/2021.) (jp) |
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| Tuesday, October 26, 2021 | ||
| 37 | 37
resp
Response to Motion
Tue 10/26 4:13 PM
Response Defendants' Response to Plaintiff's Motion for Reconsideration . Filed by Ryan Parker, Proud Ground Organization, Katie Ullrich. (Anderson, David) Corrected Docket Text at Filer's Request on 10/26/2021 (joha) |
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| Thursday, October 14, 2021 | ||
| 36 | 36
resp
Response to Motion
Thu 10/14 4:57 PM
Amended Response to Motion to Dismiss Plaintiff's Amended Complaint 31 . Filed by Jenine Kristina Macon. (sb) |
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| Tuesday, October 12, 2021 | ||
| 35 | 35
resp
Response to Motion
Thu 10/14 3:16 PM
Amended Response to Motion to Dismiss Plaintiff's First Amended Complaint 29 . Filed by Jenine Kristina Macon. (sb) |
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| 34 | 34
resp
Response to Motion
Thu 10/14 3:15 PM
Response to Motion to Dismiss Plaintiff's First Amended Complaint 29 . Filed by Jenine Kristina Macon. (sb) |
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| 33 | 33
resp
Reply to Motion
Tue 10/12 3:41 PM
Reply in support of Defendant Pedro Cruz's to Motion to Dismiss Plaintiff's Amended Complaint 31 Oral Argument requested. Filed by Pedro Cruz. (Korach, Calliste) |
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| Tuesday, September 28, 2021 | ||
| 32 | 32
resp
Response to Motion
Tue 09/28 1:48 PM
Response to Motion to Dismiss Plaintiff's Amended Complaint 31 . Filed by Jenine Kristina Macon. (ecp) |
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| Monday, September 20, 2021 | ||
| 31 | 31
motion
Dismiss
Mon 09/20 3:27 PM
Motion to Dismiss Plaintiff's Amended Complaint . Oral Argument requested. Filed by Pedro Cruz. (Korach, Calliste) |
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Att: 1
Attachment Declaration in support
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| Tuesday, September 07, 2021 | ||
| 30 | 30
service
Summons/Service Return (All Types)
Wed 09/08 10:43 AM
Return of Service Executed as to Pedro Cruz served on 8/30/2021, answer due on 9/20/2021. (ecp) |
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| Friday, September 03, 2021 | ||
| 29 | 29
motion
Dismiss
Fri 09/03 4:12 PM
Motion to Dismiss Plaintiff's First Amended Complaint . Filed by Proud Ground Organization, Ryan Parker, Katie Ullrich. (Anderson, David) |
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| Wednesday, August 25, 2021 | ||
| 28 | 28
service
Service Papers Received
Wed 08/25 12:10 PM
Service Papers Received. Summons. Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service. (fp) |
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| Friday, August 20, 2021 | ||
| 27 | 27
cmp
Amended Complaint (ALL CASE TYPES)
Fri 08/20 4:26 PM
Amended Complaint. Filed by Jenine Kristina Macon against Pedro Cruz, Ryan Parker, Proud Ground Organization, Katie Ullrich. (eo) |
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| Friday, July 30, 2021 | ||
| 26 | 26
14
pgs
order
Opinion and Order
Mon 08/02 10:11 AM
OPINION & ORDER: Plaintiff's Motion for Entry of Default13 and Motion for Default Judgment17 are DENIED. Defendant Proud Ground's Motion to Dismiss for Failure to State a Claim16 and Defendant Pedro Cruz's Motion to Dismiss20 are GRANTED with leave to amend. Plaintiff may file an amended complaint within 21 days of the date of this order and shall have an additional 21 days after filing her amended complaint to complete service on Defendant Cruz. No further extensions of time will be granted. Plaintiff is warned that failure to comply with this order will result in dismissal of this action. Signed on 7/30/2021 by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 8/2/2021.) (jp) |
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| Tuesday, May 18, 2021 | ||
| 25 | 25
3
pgs
resp
Response to Motion
Wed 05/19 10:54 AM
Response in Opposition to Defendant's Motion to Dismiss 20 . Filed by Jenine Kristina Macon. (ecp) |
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| 24 | 24
motion
Amend/Correct
Wed 05/19 10:53 AM
Motion to Amend Response in Opposition Defendant's Motion to Dismiss Default Judgment. Filed by Jenine Kristina Macon. (ecp) |
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| Wednesday, May 05, 2021 | ||
| 23 | 23
minute
Status Conference
Wed 05/05 4:21 PM
MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. Plaintiff shall have until 5/19/2021 to file responses to Defendants' motions to dismiss. The motions will be taken under advisement as of 5/19/2021. Plaintiff appeared pro se. David Anderson for Proud Ground Defendants and Calliste Korach for Pedro Cruz present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (Deposited in outgoing mail to pro se party on 5/5/2021.) (jp) |
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| Monday, April 26, 2021 | ||
| 22 | 22
notice
Withdrawal of Attorney
Mon 04/26 3:31 PM
Notice of Attorney Withdrawal: Filed by Pedro Cruz. (Korach, Calliste) |
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| Thursday, April 22, 2021 | ||
| 21 | 21
order
1 - Scheduling
Thu 04/22 4:36 PM
Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference is set for 5/5/2021 at 02:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (Emailed to pro se party on 4/22/2021.) (jp) |
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| Monday, March 08, 2021 | ||
| 20 | 20
motion
Dismiss
Mon 03/08 9:28 AM
Motion to Dismiss . Oral Argument requested. Filed by Pedro Cruz. (Scholz, Jack) |
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| Wednesday, January 27, 2021 | ||
| 19 | 19
motion
Extension of Time
Wed 01/27 10:31 AM
Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint . Filed by Pedro Cruz. (Scholz, Jack) |
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| 18 | 18
resp
Response in Opposition to Motion
Wed 01/27 10:23 AM
Response in Opposition to Motion for Entry of Default13 . Filed by Pedro Cruz. (Scholz, Jack) |
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Att: 1
Declaration of Pedro Cruz in Support of Opposition to Motion
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| Sunday, January 17, 2021 | ||
| 17 | 17
2
pgs
motion
Default Judgment
Tue 01/19 9:04 AM
Motion for Default Judgment - Title by filer as "Order to Proceed In Forma Pauperis Default Judgement Motion." Filed by Jenine Kristina Macon. (eo) |
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| Wednesday, January 13, 2021 | ||
| 16 | 16
15
pgs
motion
Dismiss for Failure to State a Claim
Wed 01/13 4:46 PM
Motion to Dismiss for Failure to State a Claim - Proud Ground's Motion to Dismiss and Memorandum in Support . Oral Argument requested. Filed by Proud Ground Organization, Ryan Parker, Tyler Koski, Yesika Arevalo, Katie Ullrich. (Anderson, David) |
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| Tuesday, January 12, 2021 | ||
| 15 | 15
2
pgs
oth_sup
Declaration
Tue 01/12 5:48 PM
Declaration of Ryan Parker . Filed by All Defendants. (Anderson, David) |
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| 14 | 14
resp
Response in Opposition to Motion
Tue 01/12 5:47 PM
Response in Opposition to Motion for Entry of Default13 . Filed by All Defendants. (Anderson, David) |
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| Thursday, December 31, 2020 | ||
| 13 | 13
motion
Default Entry
Thu 12/31 4:03 PM
Motion for Entry of Default. Filed by Jenine Kristina Macon. (eo) |
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| 12 | 12
service
Affidavit of Service
Thu 12/31 4:02 PM
Affidavit of Service. Filed by Jenine Kristina Macon. (eo) |
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| Wednesday, November 18, 2020 | ||
| 11 | 11
order
Order on Motion for Appointment of Counsel
Wed 11/18 3:56 PM
ORDER: : Plaintiff's Motion for Appointment of Counsel10 is DENIED. There is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land , 795 F.2d 796, 801 (9th Cir. 1986). Although the Court has discretion to request volunteer counsel under 28 U.S.C. 1915, there must be exceptional circumstances. Siglar v. Hopkins , 822 F. App'x 610, 612 (9th Cir. 2020) ( citing Wilborn v. Escalderon , 789 F.2d 1328, 1331 (9th Cir. 1986). Here, in looking at Plaintiff's likelihood of success on the merits and her ability to articulate her claim in light of the complexity of the legal issues involved, the Court declines to request volunteer counsel. Wilborn , 789 F.2d at 1331. Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 11/18/2020.) (jp) |
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| Monday, November 16, 2020 | ||
| 10 | 10
motion
Appoint Counsel
Tue 11/17 9:03 AM
Motion for Appointment of Counsel. Filed by Jenine Kristina Macon. (ecp) |
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| 9 | 9
service
Summons/Service Return (All Types)
Tue 11/17 8:58 AM
Return of Service Executed as to All Defendants. (ecp) Modified on 11/17/2020 to correct file date (ecp) |
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| Wednesday, October 28, 2020 | ||
| 8 | 8
1
pgs
order
Order
Wed 10/28 5:21 PM
ORDER TO REFUND FILING FEE: On October 13, 2020, Jenine K. Macon paid the required filing fee of $400.00 by credit card, receipt number ORX:300090495. Pursuant to the Orders Granting Plaintiff's Application toProceed in Forma Pauperis ( docket entry nos.5 and7 ), no filing fee is required. Accordingly, the Clerk of Court shall process the refund to the same credit card from which the filing fee payment was made. Signed on 10/28/20 by Judge Marco A. Hernandez. (Mailed to Pro Se party on 10/29/20.) (eo) |
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| 7 | 7
1
pgs
order
Order on Motion/Application for Leave to Proceed IFP FORM EVENT
Wed 10/28 1:44 PM
AMENDED ORDER: Granting Motion for Leave to Proceed in Forma Pauperis (#2 ). Signed on 10/27/20 by Judge Marco A. Hernandez. (Mailed to Pro Se party on 10/28/20.) (eo) |
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| Monday, October 19, 2020 | ||
| 6 | 6
10
pgs
service
Summons Issued
Mon 10/19 2:22 PM
Summons Issued as to Yesika Arevalo, Ryan Parker, Katie Ullrich, Tyler Koski, Pedro Cruz. (ecp) Modified text on 10/19/2020 (pjg) |
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| Tuesday, October 13, 2020 | ||
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oth_doc
Filing Fee Received
Tue 10/13 12:17 PM
Filing fee in amount of $400.00 collected; Receipt No. 90495 issued. (ljp) |
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| Wednesday, October 07, 2020 | ||
| 5 | 5
1
pgs
order
Order on Motion/Application for Leave to Proceed IFP FORM EVENT Order on Motion for Appointment of Counsel
Wed 10/07 11:48 AM
ORDER : Plaintiff's Application to Proceed In Forma Pauperis2 is GRANTED]. Plaintiff's Motion for Appointment of Counsel3 is denied. Ordered by Chief Judge Marco A. Hernandez. (Mailed to Pro Se party on 10/07/2020.) (pvh) |
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| Thursday, September 24, 2020 | ||
| 4 | 4
oth_evt
Case Assignment Notice - FORM EVENT
Thu 09/24 10:10 AM
Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (Mailed to Pro Se party on 9/24/2020.) (ecp) |
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| Wednesday, September 23, 2020 | ||
| 3 | 3
motion
Appoint Counsel
Thu 09/24 10:09 AM
Motion for Appointment of Counsel. Filed by Jenine Kristina Macon. (ecp) |
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| 2 | 2
5
pgs
motion
Application for Leave to Proceed IFP
Thu 09/24 10:07 AM
Application for Leave to Proceed IFP. Filed by Jenine Kristina Macon. (ecp) |
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| 1 | 1
6
pgs
cmp
Complaint
Thu 09/24 10:07 AM
Complaint. Jury Trial Requested: No. Filed by Jenine Kristina Macon against All Defendants. (ecp) |
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Att: 1
1 pgs
Civil Cover Sheet
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