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Senn v. City of Portland

United States District Court, D. Oregon

August 6, 2019

LINDA SENN, Plaintiff,
v.
CITY OF PORTLAND; LARRY GRAHAM; JEFFREY MCDANIEL; MULTNOMAH COUNTY; KYLE SMITH; and JOHN DOES 1-10, Defendants.

          CRYSTAL MALONEY, JUAN C. CHAVEZ ATTORNEYS FOR PLAINTIFF

          TRACY 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

          ANNA J. BROWN UNITED STATES SENIOR DISTRICT JUDGE

         This 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 Defendants' Motion.

         For the reasons that follow, the Court GRANTS Defendants' Motion.

         PROCEDURAL BACKGROUND

         On 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 City Hall.

         On November 8, 2018, the Clerk's Office electronically issued Summons for the City, Graham, and McDaniel. Dkt. #7.

         On 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).

         On 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).

         On 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).

         On February 8, 2019, the City filed its Answer (#20) to Plaintiff's Amended Complaint.

         On April 4, 2019, Plaintiff submitted an Amended Proposed Summons (#21) for Graham, which the Court issued on April 5, 2019 (Dkt. #22).

         On 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).

         On April 23, 2019, Plaintiff filed a Certificate of Service (#24) showing service on "Jeffrey McDanie" (sic) on April 8, 2019, by serving Alli Chasteen.

         Although Plaintiff has not filed a proof of service, Graham concedes he was served on April ...


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