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McDonald v. Shelton

United States District Court, D. Oregon

April 30, 2019

SIERRA LAVONNE MCDONALD, Plaintiff,
v.
DR. STEVE SHELTON, DR. ROBERT SNIDER, VASHAMY BRADY, JOHN DOES 1-10, Defendants.

          KENNETH I. PATTERSON, Attorney for Plaintiff

          ELLEN ROSENBLUM Attorney General JESSICA B. SPOONER Assistant Attorney General Oregon Department of Justice Attorneys for Defendants

          OPINION AND ORDER

          ANNA J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on Defendants' Motion (#10) to Dismiss. For the reasons that follow, the Court DENIES Defendants' Motion and GRANTS Plaintiff an extension of time to June 3, 2019, to serve all Defendants properly.

         BACKGROUND

         On October 24, 2018, Plaintiff Sierra Lavonne McDonald, an inmate at Coffee Creek Correctional Facility, filed a Complaint in this Court in which she alleges Defendants Dr. Steve Shelton, Dr. Robert Snider, Vashamy Brady, and John Does 1-10 failed to administer Plaintiff's medication to treat her ulcerative colitis and Crohn's disease from August 3, 2016, through October 24, 2016. Plaintiff brings claims for (1) violation of her Eighth Amendment rights pursuant to 42 U.S.C. § 1983 and (2) violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131.

         On February 15, 2019, Defendants filed a Motion to Dismiss all of Plaintiff's claims on the grounds of "untimely and improper service" pursuant to Federal Rule of Civil Procedure 4(e) and (m). Plaintiff's Response to Defendants' Motion was due March 1, 2019, but Plaintiff did not file a Response.

         On March 15, 2019, Defendants filed a Notice of Non-Filing of Response and Request for Dismissal in which they noted Plaintiff had not filed a Response to Defendants' Motion to Dismiss, had not contacted defense counsel regarding an extension, and had not filed a motion for extension of time with the Court.

         Later on March 15, 2019, Plaintiff filed a Response to Defendants' Motion to Dismiss, which stated in its entirety that "Plaintiff Sierra McDonald, by and through her attorney Kenneth Patterson, hereby objects to Defendants' Motion to Dismiss and requests that this be set for oral arguments."

         On March 19, 2019, the Court entered an Order in which it directed Plaintiff to show cause in writing not later than April 2, 2019, why she failed to file a timely and substantive response to Defendants' Motion to Dismiss and why the Court should not grant Defendants' Motion to Dismiss.

         On April 2, 2019, Plaintiff filed a Memorandum in Opposition to Motion to Dismiss in response to the Court's March 19, 2019, Order.

         On April 3, 2019, the Court directed Defendants to file a Response to Plaintiff's April 2, 2019, Memorandum no later than April 17, 2019. On April 4, 2019, Defendants filed a Response to Plaintiff's April 2, 2019, Memorandum.

         The Court took this matter under advisement on April 17, 2019.

         STANDARDS

         Federal Rule of Civil Procedure 4(e) provides the following as ...


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