United States District Court, D. Oregon
CRYSTAL MALONEY, JUAN C. CHAVEZ ATTORNEYS FOR PLAINTIFF
REEVE PORTLAND CITY ATTORNEY, ROBERT T. YAMACHIKA SENIOR
DEPUTY CITY ATTORNEY ATTORNEYS FOR DEFENDANTS CITY OF
PORTLAND, LARRY GRAHAM, AND JEFFREY MCDANIEL
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE
matter comes before the Court on the Motion (#28) to Dismiss
filed by Defendants Larry Graham and Jeffrey McDaniel. The
Court concludes the record is sufficiently developed, and,
therefore, oral argument is not necessary to resolve
reasons that follow, the Court GRANTS
October 12, 2018, Plaintiff Linda Senn filed a Complaint (#1)
against Defendants City of Portland, Graham, and McDaniel
pursuant to 42 U.S.C. § 1983 for injuries she allegedly
sustained during an incident on October 12, 2016, at Portland
November 8, 2018, the Clerk's Office electronically
issued Summons for the City, Graham, and McDaniel. Dkt. #7.
November 9, 2018, the City was served with the Summons and
Complaint. Although a proof of service has not been filed
with the court, the City concedes it has been properly
served. Decl. of Robert Yamachika (#9).
January 9, 2019, Plaintiff filed a Motion (#11) for Leave to
File Amended Complaint to add Multnomah County and Kyle Smith
as additional defendants. On the same day Plaintiff filed her
Amended Complaint (#12).
January 10, 2019, the Court granted Plaintiff's Motion to
amend and also directed Plaintiff to file proofs of service
of the Amended Complaint. Order (#14).
February 8, 2019, the City filed its Answer (#20) to
Plaintiff's Amended Complaint.
April 4, 2019, Plaintiff submitted an Amended Proposed
Summons (#21) for Graham, which the Court issued on April 5,
2019 (Dkt. #22).
April 11, 2019, the Court noted Plaintiff had failed to file
proofs of service of the Amended Complaint as to any
Defendant and directed Plaintiff to file such proofs of
service no later than April 18, 2019. Order (#23).
April 23, 2019, Plaintiff filed a Certificate of Service
(#24) showing service on "Jeffrey McDanie"
(sic) on April 8, 2019, by serving Alli Chasteen.
Plaintiff has not filed a proof of service, Graham concedes
he was served on April ...