Amaral, et al. v. Post Falls Highway District

Idaho District Court
Judge:	Amanda K Brailsford
Case #:	2:24-cv-00213
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Apr 25, 2024
Case in other court:	Kootenai County District Court, CV28-24-02328

Last checked: Tuesday Oct 22, 2024 2:21 AM MDT

Defendant Post Falls Highway District	Represented By Peter C Erbland Lake City Law Group PLLC contact info Jennifer Fegert Lake City Law Group PLLC contact info Katharine B. Brereton Lake City Law Group PLLC contact info
Plaintiff Shane Patrick Amaral 6667 West Highland Drive Coeur d'Alene, ID 83814
Plaintiff Susan Marie Amaral 305 East 13th Avenue Post Falls, ID 83854

GPO Dec 03 2024
MEMORANDUM DECISION AND ORDER - The Court HEREBY ORDERS: The Court DENIES the Highway District's Motion to Dismiss (Dkt. 4) as to the Amarals' claims under � 1983. The Court GRANTS the Highway District's Motion to Dismiss (Dkt. 4) as to the Amarals' state common law claims for defamation, slander, and mental anguish. Those claims are dismissed with prejudice. The Court GRANTS the Highway District's Motion to Dismiss (Dkt. 4) as to the Amarals' claims for statutory violations. Those claims are dismissed without prejudice, and the Amarals may amend their complaint to reallege the claims within fourteen (14) days of this decision's issuance. The Highway District shall answer either the Amarals' amended complaint, or if none is filed, then their original complaint within twenty-eight (28 days) of this decision's issuance. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Docket last updated: 04/30/2025 11:59 PM MDT

Monday, March 31, 2025
24		24 respm Reply to Response to Motion Tue 04/01 9:28 AM Plaintiffs' REPLY Memorandum of Opposition to Modify Scheduling Order and Cross-Motion For a Limited 30-Day Extension (Dkt.12 ,19 ,20 ,22 ) filed by Shane Patrick Amaral, Susan Marie Amaral.Motion Ripe Deadline set for 4/1/2025.(ac) Related: [-]
23		23 4 pgs order Order Scheduling Order ~Util - Terminate Motions Mon 03/31 11:34 AM ORDER AMENDING SCHEDULING ORDER - IT IS HEREBY ORDERED the Scheduling Order (Dkt.12 ) and Order Adopting the Scheduling Order (Dkt.19 ) are amended as follows: Dispositive Motion Deadline: All dispositive motions, including motions for punitive damages, must now be filed by July 31, 2025. Completion of Fact Discovery: All fact discovery must now be completed July 3, 2025. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) Related: [-]
Friday, March 28, 2025
22		22 respm Reply to Response to Motion Fri 03/28 5:12 PM REPLY to Response to Motion re20 MOTION to Amend/Correct19 Order,12 Scheduling Order,,,, Defendant's Motion to Modify Scheduling Order filed by Post Falls Highway District.Motion Ripe Deadline set for 3/31/2025.(Brereton, Katharine) Related: [-]
Friday, March 14, 2025
21		21 respm Response to Motion Fri 03/14 3:51 PM Plaintiff's Opposition To Defendant's Motion To Modify Scheduling Order And Counter-Motion For A 30-Day Extension (Dkt.12 ,19 ,20 ) filed by Shane Patrick Amaral, Susan Marie Amaral. Replies due by 3/28/2025.(ac) Related: [-]
Thursday, March 13, 2025
20		20 motion Amend/Correct Thu 03/13 2:07 PM MOTION to Amend/Correct19 Order,12 Scheduling Order,,,, Defendant's Motion to Modify Scheduling Order Katharine B. Brereton appearing for Defendant Post Falls Highway District. Responses due by 4/3/2025 (Brereton, Katharine) Related: [-]
Wednesday, March 05, 2025
19		19 4 pgs order Order Wed 03/05 10:11 AM ORDER ADOPTING SCHEDULING ORDER (STANDARD Track) - IT IS ORDERED: The deadlines set in the Court's earlier Scheduling Order (Dkt.12 ) entered by Judge Grasham are hereby adopted by the undersigned Judge. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) Related: [-]
Tuesday, March 04, 2025
18		18 notice Notice of Hearing Tue 03/04 12:09 PM DOCKET TEXT NOTICE of Hearing. Due to the reassignment of this matter, the status conference set for March 18, 2025 before Magistrate Judge Debora K. Grasham is hereby VACATED. (kt) Related: [-]
Thursday, January 02, 2025
17		17 answer Answer to Complaint Thu 01/02 1:59 PM ANSWER to Complaint by Post Falls Highway District.(Brereton, Katharine) Related: [-]
Tuesday, December 03, 2024
16		16 10 pgs order Memorandum Decision Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions Tue 12/03 12:17 PM MEMORANDUM DECISION AND ORDER - The Court HEREBY ORDERS: The Court DENIES the Highway District's Motion to Dismiss (Dkt.4 ) as to the Amarals' claims under � 1983. The Court GRANTS the Highway District's Motion to Dismiss (Dkt.4 ) as to the Amarals' state common law claims for defamation, slander, and mental anguish. Those claims are dismissed with prejudice. The Court GRANTS the Highway District's Motion to Dismiss (Dkt. 4) as to the Amarals' claims for statutory violations. Those claims are dismissed without prejudice, and the Amarals may amend their complaint to reallege the claims within fourteen (14) days of this decision's issuance. The Highway District shall answer either the Amarals' amended complaint, or if none is filed, then their original complaint within twenty-eight (28 days) of this decision's issuance. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) Related: [-]
Thursday, September 19, 2024
15		15 notice Notice of Substitution Thu 09/19 4:55 PM NOTICE of Substitution - Attorney Katharine B. Brereton for Post Falls Highway District added. Attorney Jennifer Fegert terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Fegert, Jennifer) Related: [-]
Tuesday, June 25, 2024
		utility Expired 60 Day ddl re Consents Tue 06/25 12:27 PM The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (ac) Related: [-]
		notice Notice of Case Number Change Tue 06/25 12:29 PM DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Amanda K Brailsford for all further proceedings. US Magistrate Judge Debora K Grasham no longer assigned to case. Please use this case number on all future pleadings, 2:24-cv-00213-AKB (ac) Related: [-]
Friday, June 21, 2024
14		14 5 pgs respm Memorandum in Support of Motion Fri 06/21 2:49 PM MEMORANDUM in SUPPORT of OBJECTION to DISMISS filed by Shane Patrick Amaral, Susan Marie Amaral.(ac) Related: [-]
Thursday, June 20, 2024
13		13 respm Reply to Response to Motion Thu 06/20 12:07 PM REPLY to Response to Motion re4 Motion to Dismiss for Failure to State a Claim filed by Post Falls Highway District.Motion Ripe Deadline set for 6/21/2024.(Fegert, Jennifer) Related: [-]
Monday, June 10, 2024
12		12 order Scheduling Order Mon 06/10 8:49 AM SCHEDULING ORDER - IT IS HEREBY ORDERED that the following deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by April 1, 2025. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before July 15, 2024. The parties have chosen to participate in mediation. ADR must be held no later than 45 days after decision on dispositive motions. All fact discovery must be completed by March 4, 2025. The Court will conduct a status conference with the parties on March 18, 2025 at 10:00 AM Mountain Time for the purpose of inquiring about the status of discovery and addressing any other matters as necessary. All Status conferences will be set in-person initially. The telephonic scheduling conference set for June 13, 2024, is VACATED. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) Related: [-]
Thursday, June 06, 2024
11		11 respm Response to Motion Thu 06/06 2:49 PM RESPONSE/Objection to Defendant's Rule 12(B)(6) Motion to Dismiss and Motion for an Extension of Time to File Answer filed by Shane Patrick Amaral, Susan Marie Amaral. Replies due by 6/20/2024.(ac) Related: [-]
10		10 misc Discovery Plan Thu 06/06 1:03 PM DISCOVERY PLAN by Post Falls Highway District re3 Litigation Order,, .(Fegert, Jennifer) Related: [-]
		Att: 1 Stipulated Litigation Plan
Friday, May 17, 2024
9		9 misc Consent Filed Fri 05/17 12:13 PM Docket entry only - CONSENT to Magistrate Judge filed. (jd) Related: [-]
8		8 misc Consent Filed Fri 05/17 12:09 PM Docket entry only - CONSENT to Magistrate Judge filed. (jd) Related: [-]
7		7 misc Civil Cover Sheet Fri 05/17 12:08 PM Civil Cover Sheet re1 Notice of Removal, filed by Amaral.(jd) Related: [-]
		Att: 1 Envelope
Tuesday, May 14, 2024
6		6 notice Notice of Summary Judgment Tue 05/14 3:43 PM NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re. dkt.4 Motion to Dismiss for Failure to State a Claim (ac) Related: [-]
5		5 misc Status Report Tue 05/14 3:41 PM STATUS REPORT On Service of Process by Shane Patrick Amaral, Susan Marie Amaral.(ac) Related: [-]
		Att: 1 Exhibit B - District Court Complaint CV28 24-2328
		Att: 2 Exhibit C - Affidavit of Service
4		4 motion Dismiss for Failure to State a Claim Tue 05/14 3:36 PM Motion to Dismiss for Failure to State a Claim Jennifer Fegert appearing for Defendant Post Falls Highway District. Responses due by 6/4/2024(Fegert, Jennifer) Related: [-]
		Att: 1 Memorandum in Support
Monday, April 29, 2024
3		3 order Litigation Order Mon 04/29 11:09 AM LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a Telephonic Scheduling Conference on June 13, 2024, at 10:30 AM mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. On or before June 6, 2024, the parties must file with the Court the joint Litigation Plan and Discovery Plan.. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) Related: [-]
Friday, April 26, 2024
		misc Corrective Entry Fri 04/26 2:36 PM CORRECTIVE ENTRY - The entry was filed incorrectly in this case. The case was opened in the wrong division and has been corrected from Southern to Northern division. The new case number is 2:24-cv-00213-DKG. Please use this case number on all future filings. No further action is needed. (ac) Related: [-]
Thursday, April 25, 2024
2		2 notice Notice of Assignment Setting Deadline Fri 04/26 9:29 AM NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to Shane Patrick Amaral, Susan Marie Amaral, and counsel for Post Falls Highway District re. dkt.1 Notice of Removal. Consent/Objection to Magistrate due by 6/24/2024. (ac) Related: [-]
1		1 NOTICE OF REMOVAL by Post Falls Highway District from Kootenai County District Court, case number CV28 24-2328 (Filing fee $405 receipt numberAIDDC-2743035.), filed by Post Falls Highway District.(Fegert, Jennifer) Related: [-]
		Att: 1 Cover Sheet,
		Att: 2 Verification of Removal,
		Att: 3 Summons,
		Att: 4 State Court Complaint,
		Att: 5 Affidavit,
		Att: 6 State Court Docket Sheet
		service Return of Service/Process Assumed Fri 04/26 9:21 AM RETURN OF SERVICE/PROCESS ASSUMED EXECUTED - Post Falls Highway District served on 4/25/2024. (service assumed for internal reporting purpose only) (ac) Related: [-]

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