S.Q. v. Echtenkamp et al
| Oregon District Court | |
| Judge: | Jolie A Russo |
| Case #: | 3:24-cv-00448 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 11, 2024 |
| Last checked: Saturday Sep 07, 2024 2:11 AM PDT |
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Defendant
Loren Calkins
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Represented By
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Defendant
Juan Chavez
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Represented By
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Defendant
Emily Echtenkamp
8775 SW Illahee Ct. B 214
Wilsonville, OR 97070 |
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Defendant
Kevin Mills
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Represented By
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Defendant
Theron Segar
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Represented By
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Defendant
Antonio Vargas
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Represented By
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Plaintiff
S. Q.
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Represented By
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| Docket last updated: 05/20/2025 11:59 PM PDT |
| Tuesday, May 13, 2025 | ||
| 38 | 38
service
Waiver of Service Summons
Tue 05/13 4:38 PM
Waiver of Service of Summons Returned Executed by Raymond Byrd waiver sent on 5/12/2025. Filed by Raymond Byrd. (Smith, James) |
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| Monday, May 12, 2025 | ||
| 37 | 37
cmp
Amended Complaint (ALL CASE TYPES)
Mon 05/12 10:05 AM
Third Amended Complaint . Filed by S. Q. against All Defendants. (Van Dusen, Norah) |
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| Monday, April 14, 2025 | ||
| 36 | 36
order
1 - Scheduling
Mon 04/14 5:30 PM
ORDER issued by Magistrate Judge Jolie A. Russo: Adopting the deadlines as outlined in the parties' Joint Rule 26(f) Report and Discovery Plan35 as follows and as modified: File all pleadings and join all claims, remedies and parties to be completed by 12/5/2025. Fact Discovery is to be completed by 12/5/2025. Written consents, if any, should be submitted by 12/5/2025. Joint Alternate Dispute Resolution Report is due by 2/20/2026. Dispositive Motions are due by 2/20/2026. Pretrial Order is due by 3/23/2026 or 30 days after this Court's final ruling on dispositive motions, whichever date is later. Expert reports to be exchanged 30 days after this Court's final ruling on dispositive motions. Rebuttal expert reports to be exchanged 60 days after this Court's final ruling on dispositive motions. Expert discovery to be completed 90 days after this Court's final ruling on dispositive motions. (Deposited in outgoing mail to pro se party on 4/15/25.) (gm) |
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| 35 | 35
oth_doc
Rule 26(f) Report and Discovery Plan
Mon 04/14 2:27 PM
Joint Rule 26(f) Report and Discovery Plan . Filed by S. Q.. (Van Dusen, Norah) |
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| Monday, March 17, 2025 | ||
| 34 | 34
order
1 - Scheduling
Mon 03/17 5:28 PM
ORDER issued by Magistrate Judge Jolie A. Russo: The Court Vacates the forthcoming 5/12/2025 Joint Status Report deadline. Instead, the parties shall confer and submit proposed revised case management deadlines by 4/14/2025. (Deposited in outgoing mail to pro se party on 3/18/25.) (gm) |
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| Friday, March 14, 2025 | ||
| 33 | 33
oth_doc
Joint Status Report
Fri 03/14 2:51 PM
Joint Status Report . Filed by S. Q.. (Van Dusen, Norah) |
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| Monday, February 10, 2025 | ||
| 32 | 32
order
1 - Scheduling
Mon 02/10 5:43 PM
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report on or before 5/12/2025. (Deposited in outgoing mail to pro se party on 2/11/25.) (gm) |
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| 31 | 31
oth_doc
Joint Status Report
Mon 02/10 3:07 PM
Joint Status Report . Filed by Joseph O'Leary, Dan Berger, Oregon Youth Authority, Loren Calkins, Juan Chavez, Theron Segar, Kevin Mills, Antonio Vargas. (Aggrey, Nathaniel) |
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| Thursday, November 21, 2024 | ||
| 30 | 30
3
pgs
order
Order on Motion to Consolidate
Thu 11/21 12:19 PM
ORDER: Plaintiff's Amended Motion to Consolidate20 is Denied. Signed on 11/21/24 by Magistrate Judge Jolie A. Russo. (Deposited in outgoing mail to pro se party on 11/21/24.) (gm) |
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| Tuesday, November 12, 2024 | ||
| 29 | 29
order
1 - Scheduling
Tue 11/12 4:15 PM
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report on or before 2/10/2025. (Deposited in outgoing mail to pro se party on 11/12/24.) (gm) |
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| 28 | 28
resp
Reply to Motion
Tue 11/12 3:48 PM
Reply to Amended Motion to Consolidate 20 . Filed by All Plaintiffs. (Merrithew, Jesse) |
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| 27 | 27
oth_doc
Joint Status Report
Tue 11/12 3:38 PM
Joint Status Report . Filed by Joseph O'Leary, Dan Berger, Oregon Youth Authority, Loren Calkins, Juan Chavez, Theron Segar, Kevin Mills, Antonio Vargas. (Aggrey, Nathaniel) |
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| Tuesday, November 05, 2024 | ||
| 26 | 26
service
Waiver of Service Summons
Tue 11/05 4:29 PM
Waiver of Service of Summons Returned Executed by Joseph O'Leary waiver sent on 11/5/2024; Oregon Youth Authority waiver sent on 11/5/2024; Dan Berger waiver sent on 11/5/2024. Filed by Joseph O'Leary; Oregon Youth Authority; Dan Berger. (Aggrey, Nathaniel) |
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| Thursday, October 31, 2024 | ||
| 25 | 25
order
1 - Scheduling
Thu 10/31 4:08 PM
ORDER issued by Magistrate Judge Jolie A. Russo: This Court's earlier Order 24 is Vacated. Order: Resetting Plaintiff's Amended Motion to Consolidate Related Cases20 on the under advisement calendar of 11/18/2024. Replies to responses to motion due by 11/12/2024. (Deposited in outgoing mail to pro se party on 10/31/24.) (gm) |
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| 24 | 24
order
Order on Motion to Consolidate
Thu 10/31 2:22 PM
***VACATED*** ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff's Amended Motion to Consolidate20 solely for the purposes of discovery is Granted as unopposed. However, discovery shall not commence until coverage issues are resolved and any relevant case stays are lifted. The parties shall continue to file Joint Status Reports every 90 days (with the next report due on or before 11/12/2024) apprising the Court of the status of both the underlying criminal proceedings and coverage issues. (Deposited in outgoing mail to pro se party on 10/31/24.) (gm) Modified on 10/31/2024. (gm) |
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| Tuesday, October 29, 2024 | ||
| 23 | 23
oth_sup
Declaration
Tue 10/29 4:33 PM
Declaration of Nathaniel Aggrey in Support of State Defendants' Response to Motion to Consolidate . Filed by Joseph O'Leary, Dan Berger, Oregon Youth Authority, Loren Calkins, Juan Chavez, Theron Segar, Kevin Mills, Antonio Vargas. (Aggrey, Nathaniel) |
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| 22 | 22
resp
Response to Motion
Tue 10/29 4:30 PM
Response to Amended Motion to Consolidate 20 . Filed by Joseph O'Leary, Dan Berger, Oregon Youth Authority, Loren Calkins, Juan Chavez, Theron Segar, Kevin Mills, Antonio Vargas. (Aggrey, Nathaniel) |
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| Wednesday, October 16, 2024 | ||
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order
1 - Scheduling
Wed 10/16 10:23 AM
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Plaintiff's Amended Motion to Consolidate Related Cases20 on the under advisement calendar of 11/18/2024. Responses to motion due by 10/29/2024. Replies to responses to motion due by 11/12/2024. (Deposited in outgoing mail to pro se party on 10/16/24.) (gm) |
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| Tuesday, October 15, 2024 | ||
| 20 | 20
motion
Consolidate
Tue 10/15 4:47 PM
Amended Motion to Consolidate . Filed by S. Q.. (Merrithew, Jesse) |
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| Thursday, October 03, 2024 | ||
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order
Order on Motion to Consolidate
Thu 10/03 11:00 AM
ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff's Motion to Consolidate Related Cases17 is Denied, with leave to renew, pursuant to Local Rule 7-1(a)(3). Any amended Motion to Consolidate Related Cases must be filed within 14 days and comply with Local Rule 7-1(a)(1). (Deposited in outgoing mail to pro se party on 10/3/24.) (gm) |
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| Wednesday, October 02, 2024 | ||
| 18 | 18
cmp
Amended Complaint (ALL CASE TYPES)
Wed 10/02 11:42 AM
Second Amended Complaint . Filed by S. Q. against All Defendants. (Merrithew, Jesse) |
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| Wednesday, September 18, 2024 | ||
| 17 | 17
motion
Consolidate
Wed 09/18 9:55 AM
Motion to Consolidate Related Cases . Filed by S. Q.. (Merrithew, Jesse) |
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| 16 | 16
cmp
Amended Complaint (ALL CASE TYPES)
Wed 09/18 9:22 AM
First Amended Complaint . Filed by S. Q. against Loren Calkins, Juan Chavez, Emily Echtenkamp, Kevin Mills, Theron Segar, Antonio Vargas, Joseph O'Leary, Dan Berger. (Merrithew, Jesse) |
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| Monday, August 12, 2024 | ||
| 14 | 14
oth_doc
Joint Status Report
Mon 08/12 2:48 PM
Joint Status Report . Filed by All Plaintiffs. (Merrithew, Jesse) |
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order
1 - Scheduling
Mon 08/12 4:28 PM
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report on or before 11/12/2024. (Deposited in outgoing mail to pro se party on 8/12/24.) (gm) |
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| Monday, May 13, 2024 | ||
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order
1 - Scheduling
Mon 05/13 11:50 AM
ORDER issued by Magistrate Judge Jolie A. Russo: On 4/17/2024, pro se defendant Emily Echtenkamp sought a stay in this matter to allow for the resolution of her related criminal proceedings. See Pl.'s Resp. to Compl. 15 . The remaining defendants take no position as to Echtenkamp's request. And plaintiff acknowledges "[t]he Fifth Amendment is clearly implicated as the civil allegations overlap with the criminal allegations." Pl.'s Opp'n 112 . Plaintiff, however, requests that certain limitations be placed on the stay in light of Echtenkamp's pro se status and the fact that she is the only defendant facing criminal proceedings. In particular, plaintiff requests Echtenkamp be ordered to preserve evidence, and that discovery be allowed to proceed in regard to her cell phone(s) and against the remaining five defendants (all of whom are associated with the Oregon Youth Authority ("OYA")). The Court does not find the latter appropriate; while the Fifth Amendment is not implicated in regard to these defendants, discovery in civil proceedings is broader than in criminal proceedings and the remaining defendants could potentially be called as witnesses in those criminal proceedings, or proffer evidence in these proceedings that could bear on her criminal case. The remainder of plaintiff's objections appear well-taken. The Accordingly, given that Echtenkamp's ongoing criminal proceedings are based on the same nucleus of facts, the Court concludes that a stay is warranted. See Smith v. Grant Cnty. , 2021 WL 5876694, *1 (D. Or. May 11, 2021) (staying civil proceedings, including all discovery, to allow for the resolution of related criminal proceedings pursuant to the Keating factors). All pretrial deadlines and discovery in this matter are STAYED pending resolution of Marion County Circuit Court Case No. 23CR58946. The parties shall file formal Joint Status Reports every ninety (90) days with the first report due by 8/12/2024. In addition, the parties are directed to notify the Court within fourteen (14) days of the resolution of the criminal matter. Within forty-five (45) days of the resolution of the criminal matter, the parties shall submit a joint proposed schedule for discovery and other pretrial matters. In the interim, Echtenkamp shall preserve any and all discoverable evidence in her possession, custody, or control, including but not limited: (1) notes, journals, or other writings that document or describe her work experiences or interactions with any youth at MacLaren; (2) the contents of the personal cell phone(s) used while she was employed with the OYA, including data held by third party apps; and (3) communications in any form with any youth/staff or former youth/staff at the OYA, or concerning her time at the OYA and/or her relationships with any youth/staff; (4) the contents of any social media accounts; and (5) any other documents relating to her time at OYA or any relationships with youth/staff at OYA. (Deposited in outgoing mail to pro se party on 5/13/24.) (gm) |
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| Friday, May 10, 2024 | ||
| 12 | 12
resp
Response in Opposition to Motion
Fri 05/10 8:22 AM
Response in Opposition to Motion for Stay to Motion for Appointment of Counsel6 . Filed by All Plaintiffs. (Merrithew, Jesse) |
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| Tuesday, May 07, 2024 | ||
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order
Order on Motion for Appointment of Counsel
Tue 05/07 11:59 AM
ORDER issued by Magistrate Judge Jolie A. Russo: Defendant Emily Echtenkamp's Motion for Appointment of Counsel6 is Denied. There is generally no right to counsel in a civil case; yet the court may request pro bono counsel pursuant to 28 U.S.C. § 1915(e)(1) if the party is unable to afford an attorney and "exceptional circumstances" are present. Palmer v. Valdez , 560 F.3d 965, 970 (9th Cir. 2009) (citations omitted); see also United States v. McQuade , 647 F.2d 938, 940 (9th Cir. 1981) ("[a] person who can afford to retain counsel has no constitutional right to have counsel appointed"). Here, defendant indicates access to nearly $9000 in liquid assets and ongoing employment (although her amount of monthly income is not specified). In contrast, she identifies approximately $2800 in monthly expenses ($450 of which is for a car payment), and a relatively low amount of debt (the vast majority of which is in the form of a college loan). And defendant acknowledges these funds are sufficient to pay for private defense counsel in her related criminal proceedings. Even assuming defendant's financial status qualifies her for pro bono counsel, the requisite exceptional circumstances are not present. The complaint alleges two claims - for cruel and unusual punishment and professional negligence - and reflects no dispute surrounding the existence of an improper sexual relationship insofar as it alleges "Echtenkamp was caught having sex with Plaintiff [during the time he was incarcerated] at MacLaren [Youth Correctional Facility]." Compl. para. 39 (doc.1 ). In other words, the case boils down to a straightforward effort by plaintiff to hold defendant responsible civilly for criminal activity that she is currently being prosecuted for. Id. at paras. 44-45. Accordingly, defendant's likelihood of success as to the merits is questionable and she appears able to defend herself against plaintiff's claims in light of the complexity of the legal issues involved. (gm) |
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service
Clerks Notice of Mailing
Tue 05/07 12:02 PM
Clerk's Notice of Mailing to Defendant Emily Echtenkamp regarding Order 10 . (gm) |
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| Friday, April 26, 2024 | ||
| 9 | 9
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Fri 04/26 4:06 PM
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| 8 | 8
notice
Notice
Fri 04/26 4:05 PM
Notice of Representation of Calkins, Segar and Vargas Filed by Loren Calkins, Theron Segar, Antonio Vargas. (Aggrey, Nathaniel) |
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| 7 | 7
service
Waiver of Service Summons
Fri 04/26 4:01 PM
Waiver of Service of Summons Returned Executed Filed by Kevin Mills, Juan Chavez. (Aggrey, Nathaniel) |
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| Wednesday, April 17, 2024 | ||
| 6 | 6
motion
Appoint Counsel
Thu 04/18 1:10 PM
Motion for Appointment of Counsel. Filed by Emily Echtenkamp. (sb) |
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| 5 | 5
answer
Answer to Complaint
Thu 04/18 1:09 PM
Response to1 Complaint. Filed by Emily Echtenkamp. (sb) |
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| Wednesday, March 13, 2024 | ||
| 4 | 4
service
Summons Issued
Wed 03/13 3:41 PM
Summons Issued Electronically as to Loren Calkins, Juan Chavez, Emily Echtenkamp, Kevin Mills, Theron Segar, Antonio Vargas. 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. (gd) |
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| 3 | 3
service
Proposed Summons
Wed 03/13 3:06 PM
Proposed Summons Filed by S. Q.. (Merrithew, Jesse) |
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| Tuesday, March 12, 2024 | ||
| 2 | 2
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Tue 03/12 8:48 AM
Notice of Case Assignment to Magistrate Judge Jolie A. Russo 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 7/10/2024. Joint Alternate Dispute Resolution Report is due by 8/9/2024. Pretrial Order is due by 8/9/2024. Ordered by Magistrate Judge Jolie A. Russo. (gd) |
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| Monday, March 11, 2024 | ||
| 1 | 1
cmp
Complaint
Mon 03/11 7:35 PM
Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9317718 Jury Trial Requested: Yes. Filed by S. Q. against All Defendants. (Merrithew, Jesse) |
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Att: 1
Civil Cover Sheet
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