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Liu v. Portland State University

United States District Court, D. Oregon

August 15, 2014

HENRY D. LIU, Plaintiff,
v.
PORTLAND STATE UNIVERSITY, GINA SENARIGHI, KALI SIMMONS, et al., Defendants.

MICAH D. FARGEY, Chenoweth Law Group P.C., Portland, OR, Attorneys for Plaintiff.

TRACY REEVE, Portland City Attorney, J. SCOTT MOEDE, WADE H. TUCKER, Deputy City Attorneys, ortland, OR, Attorneys for Defendants City of Portland, Portland Police Bureau, James Crooker, John Hughes, and Jason Walters.

KAREN O'KASEY, JASON R. POSS, Hart Wagner LLP, Portland, Oregon, Attorneys for Defendants Oregon Health & Sciences University, Michael Schumaker, Peter Rapp, Paul K. Leung, Anne F. Gross, Bridgid Crowley, Joshua W. Russell, and Robert Hendrickson.

DUNCAN K. FOBES, NICOLE BRODIE JACKSON, Patterson Buchanan Fobes & Leitch, Inc., P.S., Seattle, WA, Attorneys for Defendants Cascadia Behavioral Healthcare, Sarah Shellhorn, Jay Auslander, Meg Kaveny, and Rachel Phariss.

P.K. RUNKLES-PEARSON SHARAE M. WHEELER Miller Nash LLP Portland, OR Attorneys for Defendants Kali Simmons and Gina Senarighi.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Defendant Kali Simmons's Motion (#7) to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Pursuant to Fed.R.Civ.P. 12(b) (6))and Defendant Gina Senarighi's Motion (#8) to Dismiss for Failure to Effect Proper Service of Process (Pursuant to Fed.R.Civ.P. 12(b) (5)). For the reasons that follow, the Court GRANTS Defendants' Motions.

BACKGROUND

On May 2, 2014, Plaintiff filed an amended pro se complaint in Clatsop County Circuit Court against 40 Defendants alleging seventeen claims for relief related to Plaintiff's interaction with various Portland police officers, the seizure of Plaintiff's guns, Plaintiff's commitment to the Oregon Health Sciences University psychiatric ward, Plaintiff's expulsion from Portland State University, and articles about Plaintiff's expulsion published by the Portland State University newspaper The Vanguard, all occurring between April 2012 and June 2012.

On May 6, 2014, Plaintiff hand-delivered a copy of the summons and amended complaint addressed to Defendant Gina Senarighi to the UPS Store #6227 at 3519 N.E. 15th Avenue, Portland, Oregon. Senarighi has a post-office box at that UPS location, but Plaintiff did not send copies of the summons and amended complaint to Senarighi's post-office box.

On May 9, 2014, Senarighi checked her post-office box and found a notice advising her that she had "received a package via Hand Delivered [sic] ... with tracking number PROCESS SERVER on 05/06/2014. It was received in Good condition. Please bring this slip to a store clerk to pick up your item within 90 business day(s) of 05/06/2014 to avoid storage fees.n Deel. of Gina Senarighi, Ex. 1 at 1.

On June 5, 2014, Defendants removed the matter to this Court on the basis of federal-question jurisdiction.

On June 12, 2014, Defendant Kali Simmons filed a Motion to Dismiss on the ground that Plaintiff's Amended Complaint fails to state a claim against her.

On June 12, 2014, Defendant Gina Senarighi filed a Motion to Dismiss on the ground that Plaintiff failed to ...


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