Maney et al v. Brown et al
Plaintiff: Paul Maney, Theron Hall, Sheryl Lynn Sublet, Gary Clift, David Hart, Micah Rhodes, Gary Nulph, George Nulph and Felishia Ramirez
Defendant: Mark Nooth, Colette Peters, Rob Persson, Ken Jeske, Kate Brown, Mike Gower, Heidi Steward, State of Oregon, Patrick Allen, Joe Bugher and Garry Russell
Petitioner: Bobbin Singh
Amicus Curiae: D.O. Michael Puisis, M.D. Robert Cohen and M.D. Joseph Goldenson
Interested Party: Leroy Lamont Wells and Samuel Buchanan
Case Number: 6:2020cv00570
Filed: April 6, 2020
Court: US District Court for the District of Oregon
Presiding Judge: Stacie F Beckerman
Nature of Suit: Prisoner Petitions - Civil Rights (Prison Condition)
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2023 Opinion or Order Filing 472 ORDER filed in 9th Circuit case number 23-70127. This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days, plaintiffs-real parties in interest must file an answer. The district court also may address the petition if it so desires. If the district court elects to address the petition, it may file an answer with this court or issue a supplemental order and serve a copy on this court. Petitioner may file a reply within 5 days after service of the answer(s). The petition, answer(s), and any reply are referred to the next available argument panel. The Clerk will serve a copy of this order on the district court and Magistrate Judge Stacie F. Beckerman. (Related document: Writ of Mandamus Filed 9th Circuit.) (bd)
July 6, 2023 Opinion or Order Writ of Mandamus Filed in the 9th Circuit. Case number 23-70127 assigned. (bd)
July 2, 2023 Opinion or Order Filing 471 Notice of Attorney Withdrawal: Benjamin Haile Filed by All Plaintiffs. (Haile, Benjamin)
June 27, 2023 Opinion or Order Filing 470 ORDER: GRANTING Defendants' Motion for Stay Pending Disposition of Petition for Writ of Mandamus (ECF No. #469 ), and STAYING the Court's order requiring Defendants to make former Governor Kate Brown available for a two-hour deposition (ECF No. #464 ), pending resolution of Defendants' petition for writ of mandamus. Defendants have represented they will file the petition no later than July 6, 2023. All other case management deadlines, including the July 2024 trial date, remain in place. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
June 23, 2023 Opinion or Order Filing 469 Motion for Stay Pending Disposition of Petition for Writ of Mandamus. Oral Argument requested. Filed by All Defendants. (Honore, Molly)
June 22, 2023 Opinion or Order Filing 468 Transcript Designation and Order Form for the hearing held on May 24, 2023 before Judge Stacy Beckerman. Court Reporter: Bonita Shumway. . Filed by All Defendants. (Honore, Molly)
June 20, 2023 Opinion or Order Filing 467 SCHEDULING ORDER. The Court acknowledges and adopts the case management schedule proposed by the parties (ECF No. #465 ). The deadline for simultaneous exchange of expert reports is extended to 7/31/2023. The deadline for simultaneous exchange of expert rebuttal reports is extended to 9/29/2023. Expert Discovery to be completed by 10/30/2023. Dates for dispositive motions, Daubert motions, and Phase I jury trial remain as previously set. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
June 20, 2023 Opinion or Order Filing 466 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/24/2023 before Judge Stacie F. Beckerman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/27/2023. Redaction Request due 7/11/2023. Redacted Transcript Deadline set for 7/21/2023. Release of Transcript Restriction set for 9/18/2023. (Shumway, Bonita)
June 16, 2023 Opinion or Order Filing 465 Stipulated Proposed Joint Case Management Schedule Motion to Modify Case Management Schedule. Filed by All Defendants. (Brown, Jermaine)
June 7, 2023 Opinion or Order Filing 464 OPINION AND ORDER. For the reasons stated, the Court GRANTS Plaintiffs' motion to compel the deposition of former Governor Brown (ECF No. #441 ), DENIES Defendants' motion for a protective order barring the deposition (ECF No. #446 ), and ORDERS Defendants to make former Governor Brown available for a deposition, not to exceed two hours, at a time and location convenient to former Governor Brown. IT IS SO ORDERED. Signed on 6/7/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
June 7, 2023 Opinion or Order Filing 463 OPINION AND ORDER. For the reasons stated, the Court GRANTS Plaintiffs' motion to compel the deposition of Kevin Gleim (ECF No. #441 ), DENIES Defendants' motion for protective order barring the deposition (ECF No. #446 ), and ORDERS Defendants to make Gleim available for a deposition, not to exceed two hours, at a time and location convenient to Gleim. IT IS SO ORDERED. Signed on 6/7/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
May 24, 2023 Opinion or Order Filing 462 MINUTES of Proceedings: Oral Argument held before Magistrate Judge Stacie F. Beckerman on 5/24/2023 on Plaintiffs' Motion to Compel Depositions of Kevin Gleim and the Honorable Kate Brown (ECF No. #441 ), Defendants' Motion for Protective Order and Response to Motion to Compel (ECF No. #446 ), Bobbin Singh's Motion to Quash Deposition Subpoena (ECF No. #448 ), and Plaintiffs' Motion to Compel (ECF No. #449 ). ORDER: Taking Under Advisement Plaintiffs' Motion to Compel #441 and Defendants' Motion for a Protective Order #446 as of 5/24/2023. ORDER: Granting Movant Bobbin Singh's Motion to Quash #448 . ORDER: Granting Plaintiffs' Motion to Compel #449 . Nadia H. Dahab present as counsel for plaintiffs. Molly K. Honore and Anit K. Jindal present as counsel for defendants. Jesse A. Merrithew present as counsel for Movant Bobbin Singh. Court Reporter: Bonita Shumway, (503) 326-8188. Magistrate Judge Stacie F. Beckerman presiding. (gw)
May 18, 2023 Opinion or Order Filing 461 Notice of Attorney Withdrawal: Sarah R. Osborn Filed by All Plaintiffs. (Dahab, Nadia)
May 9, 2023 Opinion or Order Filing 460 SCHEDULING ORDER regarding Plaintiffs' Motion to Compel Depositions of Kevin Gleim and the Honorable Kate Brown (ECF No. #441 ), Defendants' Motion for Protective Order and Response to Motion to Compel (ECF No. #446 ), Bobbin Singh's Motion to Quash Deposition Subpoena (ECF No. #448 ), and Plaintiffs' Motion to Compel (ECF No. #449 ). Oral Argument is set for Wednesday, May 24, 2023 at 08:30 AM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
May 8, 2023 Opinion or Order Filing 459 Declaration of Anit K. Jindal . Filed by All Defendants. (Related document(s): Response to Motion #457 .) (Jindal, Anit)
May 8, 2023 Opinion or Order Filing 458 Redacted Response to Motion to Compel #449 . Filed by All Defendants. (Jindal, Anit)
May 8, 2023 Opinion or Order Filing 457 Response to Motion to Compel #449 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Jindal, Anit)
May 8, 2023 Opinion or Order Filing 456 Declaration of Anit K. Jindal . Filed by All Defendants. (Related document(s): Response to Motion #455 .) (Jindal, Anit)
May 8, 2023 Opinion or Order Filing 455 Response to Motion to Quash Deposition Subpoena #448 . Filed by All Defendants. (Jindal, Anit)
April 28, 2023 Opinion or Order Filing 454 MINUTES of Proceedings: Discovery Hearing held by telephone before Magistrate Judge Stacie F. Beckerman on 4/28/2023. ORDER extending Fact Discovery deadline to 5/31/2023. Nadia H. Dahab, David F. Sugerman, Juan C. Chavez and Sarah Ruth Osborn present as counsel for plaintiffs. Molly K. Honore, Kerry J. Shepherd, R. Kyle Busse, Anit K. Jindal, and Nicole A.W. Abercrombie present as counsel for defendants. Court Reporter: Kellie Humiston, (503) 326-8186. Magistrate Judge Stacie F. Beckerman presiding. (gw)
April 25, 2023 Opinion or Order Filing 453 SCHEDULING ORDER. At the request of the parties (by e-mails dated 4/25/2023), SETTING a Discovery Hearing for Friday, 4/28/2023, at 03:30 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
April 24, 2023 Opinion or Order Filing 452 Declaration of Nadia H. Dahab in Response to Defendants' Motion for Protective Order. Filed by All Plaintiffs. (Related document(s): Response to Motion #451 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Dahab, Nadia)
April 24, 2023 Opinion or Order Filing 451 Response to Motion for Protective Order and Response to Motion to Compel #446 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
April 24, 2023 Opinion or Order Filing 450 Declaration of Nadia H. Dahab in Support of Motion to Compel. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to Compel #449 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Dahab, Nadia)
April 24, 2023 Opinion or Order Filing 449 Motion to Compel . Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
April 24, 2023 Opinion or Order Filing 448 Motion to Quash Deposition Subpoena. Filed by Bobbin Singh. (Merrithew, Jesse)
April 17, 2023 Opinion or Order Filing 447 Declaration of Anit K. Jindal in Support of Defendants' Motion for Protective Order and Response to Motion to Compel. Filed by All Defendants. (Related document(s): Motion for Protective Order #446 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Jindal, Anit)
April 17, 2023 Opinion or Order Filing 446 Motion for Protective Order and Response to Motion to Compel #441 . Oral Argument requested. Filed by All Defendants. (Jindal, Anit) Modified on 4/19/2023 for proper linkage (pjg).
April 14, 2023 Opinion or Order Filing 445 ORDER regarding the combined Response and Motion for Protective Order that is due on 4/17/2023: Granting Defendants' unopposed request (by e-mail dated 4/14/2023) to file an over-length (20-page) brief. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
April 14, 2023 Opinion or Order Filing 444 Scheduling Order regarding Plaintiffs' Motion to Compel Depositions of Kevin Gleim and the Honorable Kate Brown (ECF No. #441 ). Defendants' combined Response and Motion for Protective Order is due 4/17/2023. Plaintiffs' Response to Motion for Protective Order due 4/24/2023. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
April 11, 2023 Opinion or Order Filing 443 Notice of Appearance of Anit K. Jindal appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Jindal, Anit)
April 10, 2023 Opinion or Order Filing 442 Declaration of Nadia H. Dahab in Support of Motion to Compel Depositions of Kevin Gleim and the Honorable Kate Brown. Filed by All Plaintiffs. (Related document(s): Motion to Compel #441 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Dahab, Nadia)
April 10, 2023 Opinion or Order Filing 441 Motion to Compel Depositions of Kevin Gleim and the Honorable Kate Brown. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Dahab, Nadia)
March 21, 2023 Opinion or Order Filing 440 ORDER: Granting Defendants' Second (Unopposed) Motion to Authorize Adults in Custody Depositions (ECF No. #438 ). Ordered on 3/21/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
March 20, 2023 Opinion or Order Filing 439 Declaration of Molly K. Honore in Support of Second Motion to Authorize Adults in Custody Depositions. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #438 .) (Honore, Molly)
March 20, 2023 Opinion or Order Filing 438 Unopposed Motion Second Motion to Authorize Adults in Custody Depositions. Filed by All Defendants. (Honore, Molly)
March 2, 2023 Opinion or Order Filing 437 (DOCUMENT FILED UNDER SEAL) Second Stipulated Order Extending Opt-Out Deadline for Certain Damages Class Members. Signed on 3/2/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
March 1, 2023 Opinion or Order Filing 436 Stipulated Proposed Form of Order Submitted Extending Opt-Out Deadline for Certain Damages Class Members. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
February 8, 2023 Opinion or Order Filing 435 ORDER. Granting the parties' Stipulated Motion to Modify Case Management Schedule (ECF No. #434 ). Fact Discovery is to be completed by 4/28/2023. The deadline for simultaneous exchange of expert reports is 6/30/2023. Expert rebuttal reports are to be exchanged by 8/30/2023. Expert Discovery to be completed by 9/29/2023. Daubert Motions to be filed by 11/30/2023. Dispositive Motions are due by 11/30/2023. Phase I Jury Trial is set to begin on 7/22/2024 at 09:00 AM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
February 7, 2023 Opinion or Order Filing 434 Stipulated Proposed Joint Case Management Schedule Motion to Modify Case Management Schedule. Filed by All Defendants. (Honore, Molly)
February 6, 2023 Opinion or Order Filing 433 Clerk's Notice of Mailing to Samuel Buchanan of Order on Motion to Sever 432 . (gw)
February 6, 2023 Opinion or Order Filing 432 ORDER: Denying Samuel Buchanan's motion to sever (ECF No. #429 ), because he may not opt out of the certified class by filing a motion with the court. If Mr. Buchanan is a member of the certified class, he received a notice instructing him how to opt out of this class action. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
February 6, 2023 Opinion or Order Filing 431 Stipulated Order re Partial Release of Medical Records: Granting Stipulated Motion (ECF No. #425 ). Signed on 2/6/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
February 3, 2023 Opinion or Order Filing 428 Joint Proposed Pretrial Order Lodged STIPULATED PROPOSED FORM OF ORDER RE PARTIAL RELEASE OF MEDICAL RECORDS. Filed by All Defendants. (Honore, Molly)
February 1, 2023 Opinion or Order Filing 430 Declaration of Samuel Buchanan (titled "Declaration of Samuel Buchanan, Plaintiff, in Support of Motion to Sever Case from Maney Class Action"). Filed by Samuel Buchanan. (Related document(s): Motion to Sever #429 .) (bd)
February 1, 2023 Opinion or Order Filing 429 Motion to Sever (titled "Plaintiff's Motion to Sever From the Maney Class Action Case and Proceed Independantly"). Filed by Samuel Buchanan. (Attachments: #1 Attachment, #2 Proposed Order.) (bd)
January 27, 2023 Opinion or Order Filing 427 Redacted Declaration of Molly K. Honore IN SUPPORT OF STIPULATED MOTION RE RELEASE OF MEDICAL RECORDS. Filed by All Defendants. (Related document(s): Motion For Discovery/Inspection #425 .) (Attachments: #1 Attachment A) (Honore, Molly)
January 27, 2023 Opinion or Order Filing 426 Declaration of Molly K. Honore IN SUPPORT OF STIPULATED MOTION RE RELEASE OF MEDICAL RECORDS. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion For Discovery/Inspection #425 .) (Attachments: #1 Attachment A) (Honore, Molly)
January 27, 2023 Opinion or Order Filing 425 Stipulated Motion for Discovery and/or Inspection STIPULATED MOTION RE RELEASE OF MEDICAL RECORDS. Filed by All Defendants. (Honore, Molly)
January 20, 2023 Opinion or Order Filing 424 MINUTES of Proceedings: Status Conference held before Magistrate Judge Stacie F. Beckerman by telephone on 1/20/2023. The parties will confer and notify the Court regarding possible 2024 trial dates. Nadia H. Dahab, David F. Sugerman and Juan C. Chavez present as counsel for plaintiffs. Molly K. Honore, Tracy Ickes White and Nicole A.W. Abercrombie present as counsel for defendants. Court Reporter: Kellie Humiston, (503) 326-8186. Magistrate Judge Stacie F. Beckerman presiding. (gw)
January 17, 2023 Opinion or Order Filing 423 SCHEDULING ORDER: Status Conference is set for Friday, 1/20/2023, at 10:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
December 30, 2022 Opinion or Order Filing 422 Notice of Attorney Withdrawal: of Kelsie Crippen Filed by All Defendants. (Crippen, Kelsie)
December 9, 2022 Opinion or Order Filing 421 Declaration of Nadia H. Dahab in Support of Status Report Regarding Notice. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Status Report #420 .) (Attachments: #1 Exhibit A) (Dahab, Nadia)
December 9, 2022 Opinion or Order Filing 420 Status Report Regarding Class Notice by All Plaintiffs. Filed by All Plaintiffs. (Dahab, Nadia)
November 23, 2022 Opinion or Order Filing 419 ORDER: Granting in Part and Denying in Part Defendants' motion for protective order (ECF No. #410 ). Plaintiffs have not met their burden of demonstrating extraordinary circumstances to justify taking Governor Kate Brown's deposition before the end of her current term. Specifically, Plaintiffs have not yet exhausted other less intrusive discovery methods, such as deposing Governor Brown's staff or serving interrogatories. The Court therefore enters a protective order barring Governor Brown's deposition prior to January 9, 2023. The Court denies Defendants' request for a protective order barring Governor Brown's deposition altogether, with leave to renew if Plaintiffs notice her deposition again after exhausting less intrusive discovery methods. Ordered on November 23, 2022 by Magistrate Judge Stacie F. Beckerman. (gw)
November 21, 2022 Opinion or Order Filing 418 Supplemental Declaration of Molly K. Honore . Filed by Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Related document(s): Reply to Motion #417 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Honore, Molly)
November 21, 2022 Opinion or Order Filing 417 Reply to Motion for Protective Order #410 . Filed by Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Honore, Molly)
November 21, 2022 Opinion or Order Filing 416 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Discovery Hearing held on 10/23/2020 before Judge Stacie F. Beckerman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/28/2022. Redaction Request due 12/12/2022. Redacted Transcript Deadline set for 12/22/2022. Release of Transcript Restriction set for 2/21/2023. (Shumway, Bonita)
November 14, 2022 Opinion or Order Filing 415 Declaration of Nadia H. Dahab in Support of Plaintiffs' Response to Defendants' Motion for Protective Order. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #414 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Dahab, Nadia)
November 14, 2022 Opinion or Order Filing 414 Response in Opposition to Motion for Protective Order #410 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
November 9, 2022 Opinion or Order Filing 413 (DOCUMENT FILED UNDER SEAL) STIPULATED ORDER EXTENDING OPT-OUT DEADLINE FOR CERTAIN WRONGFUL DEATH CLASS MEMBERS. Signed on 11/9/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
November 9, 2022 Opinion or Order Filing 412 Stipulated Proposed Form of Order Submitted Extending Opt-Out Deadline for Certain Wrongful Death Class Members. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
October 31, 2022 Opinion or Order Filing 411 Declaration of Molly K. Honore in Support of. Filed by All Defendants. (Related document(s): Motion for Protective Order #410 .) (Honore, Molly)
October 31, 2022 Opinion or Order Filing 410 Motion for Protective Order . Oral Argument requested. Filed by All Defendants. (Honore, Molly)
October 26, 2022 Opinion or Order Filing 409 (DOCUMENT FILED UNDER SEAL) STIPULATED ORDER EXTENDING OPT-OUT DEADLINE FOR CERTAIN DAMAGES CLASS MEMBERS. Adopting Stipulated Proposed Form of Order (ECF No. #408 ). Signed on 10/26/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
October 25, 2022 Opinion or Order Filing 408 Stipulated Proposed Form of Order Submitted Extending Opt-Out Deadline for Certain Damages Class Members. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
October 17, 2022 Opinion or Order Filing 407 Notice of Appearance of Sarah Ruth Osborn appearing on behalf of All Plaintiffs . Filed by on behalf of All Plaintiffs. (Osborn, Sarah)
October 14, 2022 Opinion or Order Filing 406 (DOCUMENT FILED UNDER SEAL) STIPULATED ORDER REQUIRING DISCLOSURE OF THIRD-PARTY MEDICAL RECORDS. Signed on 10/14/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
October 14, 2022 Opinion or Order Filing 405 Stipulated Proposed Form of Order Submitted Requiring Disclosure of Third-Party Medical Records. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
September 2, 2022 Opinion or Order Filing 404 STIPULATED ORDER REQUIRING DISCLOSURE OF MEDICAL RECORDS. See attached 3-page order. Signed on 9/2/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
September 2, 2022 Opinion or Order Filing 403 Stipulated Proposed Form of Order Submitted Requiring Disclosure of Medical Records. Filed by All Plaintiffs. (Dahab, Nadia)
August 31, 2022 Opinion or Order Filing 402 MINUTES of Proceedings: Status Conference held before Magistrate Judge Stacie F. Beckerman on 8/31/2022. Nadia H. Dahab, David F. Sugerman, Juan C. Chavez and Franz H. Bruggemeier present as counsel for plaintiffs. Molly K. Honore, Kerry J. Shepherd and R. Kyle Busse present as counsel for state defendants. Nicole A.W. Abercrombie present as counsel for defendant Patrick Allen. Court Reporter: Bonita Shumway, (503) 326-8188. Magistrate Judge Stacie F. Beckerman presiding. (gw)
August 24, 2022 Opinion or Order Filing 401 SCHEDULING ORDER. Status Conference is set for Wednesday, 8/31/2022, at 03:00 PM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
August 24, 2022 Opinion or Order Filing 400 ORDER: Granting Plaintiffs' unopposed motion to extend the current September 5, 2022, deadline to opt out of the Damages Class (ECF No. #395 ). The Court extends the opt out date for members of the Damages Class to November 4, 2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
August 23, 2022 Opinion or Order Filing 399 Declaration of Molly K. Honore Redacted. Filed by All Defendants. (Related document(s): Response to Motion #397 .) (Attachments: #1 Exhibit 1) (Honore, Molly)
August 23, 2022 Opinion or Order Filing 398 Declaration of Molly K. Honore . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response to Motion #397 .) (Attachments: #1 Exhibit 1) (Honore, Molly)
August 23, 2022 Opinion or Order Filing 397 Response to Unopposed Motion and Status Report Regarding Notice #395 . Filed by All Defendants. (Honore, Molly)
August 22, 2022 Opinion or Order Filing 396 Declaration of Nadia H. Dahab . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #395 .) (Dahab, Nadia)
August 22, 2022 Opinion or Order Filing 395 Unopposed Motion and Status Report Regarding Notice. Filed by All Plaintiffs. (Dahab, Nadia)
July 28, 2022 Opinion or Order Filing 394 ORDER: Granting Plaintiffs' Unopposed Motion for Order Approving Corrective Notice (ECF No. #393 ). The Court approves the Corrective Notice as attached to the motion. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
July 27, 2022 Opinion or Order Filing 393 Unopposed Motion for Order Approving Corrective Notice. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
July 14, 2022 Opinion or Order Filing 392 NOTICE. Signed on 7/14/2022 by Magistrate Judge Stacie F. Beckerman. (Copy mailed to Leroy Lamont Wells on 7/14/2022.) (gw)
July 12, 2022 Opinion or Order Filing 391 Notice. Filed by Leroy Lamont Wells. (gw)
June 21, 2022 Opinion or Order Filing 390 ORDER. Granting the parties' request (by e-mail dated June 20, 2022) for an extension of time to issue the Notice to the Damages Class, from June 22, 2022 to July 7, 2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
May 26, 2022 Opinion or Order Filing 389 Order from USCA for the 9th Circuit, USCA # 22-35218, 22-35219 re Notice of Appeal #367 , Notice of Appeal #370 . Appellees' motions to dismiss these appeals for lack of jurisdiction (Docket Entry No. 4 in 22-35218; Docket Entry No. 4 in 22-35219) are denied without prejudice to renewing the arguments in the answering briefs. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (noting that merits panel may consider appellate jurisdiction despite courts earlier denial of motion to dismiss). The opening briefs and excerpts of record are due June 29, 2022. The answering briefs are due July 29, 2022. The optional reply brief in each appeal is due within 21 days after service of the answering brief. (jw)
May 26, 2022 Opinion or Order Filing 388 Notice (USCA Order): The motion for leave to file a reply in support of the petition is granted. The reply has been filed. The court, in its discretion, denies the petition for permission to appeal the district court's April 1, 2022 class certification order. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005) (stating standard). (Related document(s): Notice #384 .) (bd)
May 23, 2022 Opinion or Order Filing 387 ORDER approving the parties' joint proposed class notice plan, including the form of the attached class notices (ECF No. #386 ). Notice to the Damages Class shall issue by June 22, 2022, and to the Wrongful Death Class by July 7, 2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
May 20, 2022 Opinion or Order Filing 386 Joint Report Regarding Proposed Class Notice Plan. Filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Dahab, Nadia)
May 12, 2022 Opinion or Order Filing 385 ORDER. Adopting the parties' Joint Proposed Case Management Schedule (ECF No. #383 ), with one revision. Fact Discovery is to be completed by 2/28/2023. Expert reports due by 4/28/2023. Expert rebuttal reports due by 6/20/2023. Expert Discovery to be completed by 7/31/2023. Dispositive Motions are due by 9/29/2023. Daubert motions due by 9/29/2023. ORDER: Granting the parties' request (by e-mail dated 5/11/2022) to extend the deadline to file the proposed class pendency notice(s) and notice plan from 5/13/2022 to 5/20/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
April 29, 2022 Opinion or Order Filing 383 Proposed Joint Case Management Schedule and Status Report. Filed by All Plaintiffs. (Dahab, Nadia)
April 22, 2022 Opinion or Order Filing 382 ORDER: Granting stipulated motion to approve revised medical records notice #381 , and approving the notice attached to the motion as Exhibit A. Signed on 4/22/2023 by Magistrate Judge Stacie F. Beckerman. (SB)
April 22, 2022 Opinion or Order Filing 381 Stipulated Motion to Approve Revised Medical Records Notice. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
April 15, 2022 Opinion or Order Filing 384 Notice (USCA Case Number and Petition for Permission to Appeal) re Opinion and Order #377 . Filed by Patrick Allen, Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Related document(s): Opinion and Order #377 .) (bd)
April 15, 2022 Opinion or Order Filing 380 Joint Status Report Regarding Case Management Schedule. Filed by All Plaintiffs. (Dahab, Nadia)
April 12, 2022 Opinion or Order Filing 379 ORDER: GRANTING Defendants' motion to stay further proceedings relating to the issue of defendants Brown's and Allen's vaccine prioritization decisions (ECF No. #371 ), pending resolution of their interlocutory appeal. See City of Los Angeles v. Santa Monica Baykeeper, 254 F.3d 882, 886 (9th Cir. 2001) ("[T]he filing of a notice of interlocutory appeal divests the district court of jurisdiction over the particular issues involved in that appeal."); Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., No. 3:19-CV-137-SI, 2020 WL 403722, at *4 (D. Or. Jan. 24, 2020) (staying state law claims pending interlocutory appeal but allowing related federal claims to proceed) (applying Landis v. North American Co., 299 U.S. 248 (1936)). Specifically, Defendants need not respond to any discovery requests relating to the challenged vaccine prioritization decisions, but discovery (including depositions) relating to any other aspect of the case shall proceed without delay. Ordered on 4/12/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
April 11, 2022 Opinion or Order Filing 378 Reply to Joint Motion to Confirm Partial Stay of Proceedings Pending Appeal #371 Oral Argument requested. Filed by All Defendants. (Honore, Molly)
April 1, 2022 Opinion or Order Filing 377 OPINION AND ORDER. For the reasons stated, the Court GRANTS Plaintiffs' Motion for Class Certification (ECF No. #203 ). The parties shall confer regarding a proposed case management schedule, and file a joint status report by April 15, 2022. IT IS SO ORDERED. Signed on April 1, 2022 by Magistrate Judge Stacie F. Beckerman. (gw)
March 31, 2022 Opinion or Order Filing 376 Transcript Designation and Order Form for the hearing held on 01/03/2022 before Judge Judge Beckerman. Court Reporter: Jill Jessup. regarding Notice of Appeal #367 . Filed by Patrick Allen. Transcript is due by 5/2/2022. (Abercrombie, Nicole)
March 28, 2022 Opinion or Order Filing 375 Response to Joint Motion to Confirm Partial Stay of Proceedings Pending Appeal #371 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
March 24, 2022 Opinion or Order Filing 374 Answer to Amended Complaint, #282 with Jury Demand, Answer and Affirmative Defenses. Filed by Patrick Allen. (Related document(s): Amended Complaint, #282 .) (Monson, Jonathan)
March 24, 2022 Opinion or Order Filing 373 Answer to #282 Amended Complaint, with Jury Demand Answer and Affirmative Defenses. Filed by Patrick Allen, Mike Gower, Garry Russell, Joe Bugher, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward, State of Oregon. (Busse, R.)
March 21, 2022 Opinion or Order Filing 372 Transcript Designation and Order Form for the hearing held on 1/3/2022 before Judge Beckerman. Court Reporter: Jill Jessup. regarding Notice of Appeal #367 . Filed by Kate Brown. Transcript is due by 4/20/2022. (Fjordbeck, Denise)
March 14, 2022 Opinion or Order Filing 371 Joint Motion to Confirm Partial Stay of Proceedings Pending Appeal. Oral Argument requested. Filed by All Defendants. (Shepherd, Kerry)
March 10, 2022 Opinion or Order USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #367 . Case Appealed to Ninth Circuit Case Number 22-35218 assigned. (bd)
March 10, 2022 Opinion or Order USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #370 . Case Appealed to Ninth Circuit Case Number 22-35219 assigned. (bd)
March 9, 2022 Opinion or Order Filing 370 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID AORDC-8437584: . Filed by Patrick Allen. (Monson, Jonathan)
March 9, 2022 Opinion or Order Filing 369 Notice of Attorney Substitution: Jonathan W. Monson and Nicole A.W. Abercrombie. Filed by Patrick Allen. (Monson, Jonathan)
March 9, 2022 Opinion or Order Filing 368 Representation Statement re Notice of Appeal #367 . Filed by Kate Brown. (Fjordbeck, Denise)
March 9, 2022 Opinion or Order Filing 367 Notice of Appeal to the 9th Circuit from Opinion and Order, #350 Filing fee $505 collected; Agency Tracking ID AORDC-8437115: . Filed by Kate Brown. (Fjordbeck, Denise)
February 28, 2022 Opinion or Order Filing 366 Declaration of Nathan K. Riemersma . Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 365 Declaration of Todd R. Wilcox, MD . Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Attachments: #1 Exhibit 1) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 364 Declaration of Todd R. Wilcox, MD . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Attachments: #1 Exhibit 1) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 363 Supplemental Declaration of Rebecca A. Lubelczyk, MD . Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 362 Supplemental Declaration of Rebecca A. Lubelczyk, MD . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 361 Supplemental Declaration of Kevin E. Cahill, PhD . Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 360 Declaration of Molly K. Honore . Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 359 Declaration of Molly K. Honore . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Memorandum in Opposition #358 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (Honore, Molly)
February 28, 2022 Opinion or Order Filing 358 Memorandum in Opposition to Plaintiffs' Motion to Certify Damages and Wrongful Death Classes and Alternative Motion to Certify Issue Class to Motion to Certify the Class #203 . Filed by All Defendants. (Honore, Molly)
February 28, 2022 Opinion or Order Filing 357 Declaration of Nadia H. Dahab in Support of Plaintiffs' Supplemental Brief. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
February 28, 2022 Opinion or Order Filing 356 Memorandum in Support . Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
February 17, 2022 Opinion or Order Filing 355 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on January 3, 2022, before Judge Stacie F. Beckerman, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/24/2022. Redaction Request due 3/10/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/18/2022. (jjcr)
February 17, 2022 Opinion or Order Filing 354 ORDER. Granting Defendants' unopposed request (by e-mail dated 2/17/2022) for an extension of time. Defendants' Answer to the Sixth Amended Complaint (ECF No. #282 ) is due by 3/24/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
February 16, 2022 Opinion or Order Filing 353 Second Declaration of Nadia H. Dahab in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion for Order, #338 .) (Attachments: #1 Exhibit X) (Dahab, Nadia)
February 14, 2022 Opinion or Order Filing 352 MINUTES of Proceedings: Oral Argument held by videoconference before Magistrate Judge Stacie F. Beckerman regarding Plaintiffs' Motion to Certify the Class (ECF No. #203 ) on 2/14/2022. The motion is argued and will be taken under advisement on or before 2/28/2022, after the parties submit post-hearing briefs, if any, on the issue of class certification. Nadia H. Dahab, Alexander Meggitt, Benjamin Wright Haile, Brittney Plesser, David F. Sugerman, Franz H. Bruggemeier, and Juan C. Chavez present as counsel for plaintiffs. Molly K. Honore, R. Kyle Busse, Kerry J. Shepherd, Chad Naso and Lauren Blaesing present as counsel for defendants. Court Reporter: Kellie Humiston, (503) 326-8186. Magistrate Judge Stacie F. Beckerman presiding. (gw)
February 9, 2022 Opinion or Order Filing 351 Transcript Designation and Order Form for the hearing held on 1/3/2022 before Judge Stacie F. Beckerman. Court Reporter: Jill Jessup. . Filed by All Defendants. (Busse, R.)
February 8, 2022 Opinion or Order Filing 350 OPINION AND ORDER. For the reasons stated, the Court DENIES Defendants' motion to dismiss the vaccine priority claims as to Governor Brown and Director Allen, and GRANTS the motion with respect to the other defendants (ECF No. #281 ). Plaintiffs need not file a further amended complaint at this time. IT IS SO ORDERED. Signed on 2/8/2022 by Magistrate Judge Stacie F. Beckerman. (gw)
January 25, 2022 Opinion or Order Filing 349 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Leave to File a Sur-Reply, to Compel Discovery, and to Set Over the Hearing on Plaintiffs' Motion for Class Certification (ECF No. #345 ). Motion is DENIED for the reasons discussed on the record. Parties may submit post-hearing briefs on the issue of class certification by February 28, 2022. Nadia Dahab, David Sugarman, Juan Chavez present as counsel for plaintiffs. Molly Honore, Kerry Shepherd present as counsel for defendants. Court Reporter: FTR-9B. Magistrate Judge Stacie F. Beckerman presiding. (Related document(s): Motion - Miscellaneous #345 .) (dsg)
January 24, 2022 Opinion or Order Filing 348 Response in Opposition to Motion for Leave to File a Sur-Reply, to Compel Discovery, and to Set Over the Hearing on Plaintiffs' Motion for Class Certification #345 . Filed by All Plaintiffs. (Dahab, Nadia)
January 24, 2022 Opinion or Order Filing 347 Notice of Attorney Withdrawal: Anna M. Joyce Filed by All Defendants. (Honore, Molly)
January 21, 2022 Opinion or Order Filing 346 SCHEDULING ORDER regarding Motion for Leave to File a Sur-Reply, to Compel Discovery, and to Set Over the Hearing on Plaintiffs' Motion for Class Certification (ECF No. #345 ). Hearing is set for Tuesday, 1/25/2022 at 10:30AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (dsg)
January 21, 2022 Opinion or Order Filing 345 Motion for Leave to File a Sur-Reply, to Compel Discovery, and to Set Over the Hearing on Plaintiffs' Motion for Class Certification. Oral Argument requested.Expedited Hearing requested. Filed by All Defendants. (Naso, Chad)
January 14, 2022 Opinion or Order Filing 344 Declaration of Nadia H. Dahab in Support of Motion to Certify Damages and Wrongful Death Classes. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 343 Declaration of Mark Leymon in Support of Motion to Certify Damages and Wrongful Death Classes. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Attachments: #1 Exhibit A) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 342 Declaration of Joellen Klohn in Support of Motion to Certify Damages and Wrongful Death Classes. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Attachments: #1 Exhibit A) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 341 Declaration of Marc F. Stern in Support of Motion to Certify Damages and Wrongful Death Classes. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Attachments: #1 Exhibit A) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 340 Declaration of Elyse Kupfer in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 339 Declaration of Tierra Valentine in Support of Motion to Certify Damages and Wrongful Death Classes. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
January 14, 2022 Opinion or Order Filing 338 Plaintiffs' Reply in Support of Motion to Certify Damages and Wrongful Death Classes and Alternative Motion to Certify Issue Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia) Modified on 1/19/2022 to correct event selection and update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
January 8, 2022 Opinion or Order Filing 337 Notice of Change of Address. Filed by All Plaintiffs. (Dahab, Nadia)
January 3, 2022 Opinion or Order Filing 336 SCHEDULING ORDER regarding Plaintiffs' Motion to Certify the Class (ECF No. #203 ): RESETTING LOCATION ONLY. Oral Argument is set for Monday, 2/14/2022, at 09:30 AM in Portland by videoconference before Magistrate Judge Stacie F. Beckerman. The court will distribute the Zoom information on 2/11/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
January 3, 2022 Opinion or Order Filing 335 MINUTES of Proceedings: Oral Argument Held before Magistrate Judge Stacie F. Beckerman by telephone regarding Defendants' Motion to Dismiss (ECF No. #281 ) on 1/3/2022. The motion is argued and taken under advisement as of 1/3/2022. Nadia H. Dahab, David F. Sugerman, Benjamin Wright Haile, Brittney Plesser, and Juan C. Chavez present as counsel for plaintiffs. Kerry J. Shepherd and Anna Marie Joyce present as counsel for defendants. Court Reporter: Jill Jessup, (503) 326-8191. Magistrate Judge Stacie F. Beckerman presiding. (gw)
December 31, 2021 Opinion or Order Filing 334 ORDER: Granting Unopposed Motion to File Excess Pages #332 . The reply shall not exceed 50 pages. Signed on 12/31/2021 by Magistrate Judge Stacie F. Beckerman. (SB)
December 31, 2021 Opinion or Order Filing 333 ORDER: Granting Unopposed Motion for Extension of Time to File Reply to Motion to Certify the Class #203 filed by Theron Hall, Paul Maney, David Hart, Gary Clift, Sheryl Lynn Sublet, Micah Rhodes, George Nulph. Reply is due by 1/14/2022. Signed on 12/31/2021 by Magistrate Judge Stacie F. Beckerman. (SB)
December 31, 2021 Opinion or Order Filing 332 Unopposed Motion to File Excess Pages in Reply to Motion to Certify Class. Filed by All Plaintiffs. (Dahab, Nadia)
December 31, 2021 Opinion or Order Filing 331 Declaration of Nadia H. Dahab . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #330 .) (Dahab, Nadia)
December 31, 2021 Opinion or Order Filing 330 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class #203 . Filed by All Plaintiffs. (Dahab, Nadia)
December 28, 2021 Opinion or Order Filing 329 SCHEDULING ORDER regarding Plaintiffs' Motion to Certify the Class (ECF No. #203 ). Oral Argument is set for Monday, 2/14/2022, at 9:30 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
December 16, 2021 Opinion or Order Filing 328 AMENDED ORDER: The Court finds that the Notice Regarding Wrongful Death Class Medical Records reasonably encompassed death certificates. Defendants are therefore authorized to release death certificates for the adults in custody ("AIC") for whom Defendants have received written authorizations for the release of medical records, and the Court ORDERS Defendants to produce the death certificates for every AIC listed at Supplemental Exhibit 1 to Defendants' Response to Plaintiffs' Third RFP. Ordered on 12/16/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
December 15, 2021 Opinion or Order Filing 327 ORDER: The Court finds that the Notice Regarding Wrongful Death Class Medical Records reasonably encompassed death certificates. Defendants are therefore authorized to release death certificates for the adults in custody ("AIC") for whom Defendants have received written authorization for the release of medical records, and the Court ORDERS Defendants to produce the death certificates for every AIC listed at Exhibit A to Plaintiff's Request for Production No. 130. Ordered on 12/15/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
December 10, 2021 Opinion or Order Filing 326 Notice of Correction by Clerk regarding #293 & #294 , the Unredacted and Redacted Versions of the Declaration of Dr. Rebecca Lubelczyk. A Clerical error has been discovered in the case record: The incorrect PDF was attached as Exhibit 3 to each entry. The following corrections were made to the record: Corrected PDFs have been uploaded and have replaced the incorrect attachments.The Notices of Electronic Filing will be regenerated to all parties. (eo)
December 10, 2021 Opinion or Order Filing 325 Declaration of Sondra Nolan In Opposition To Plaintiffs' Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1) (Joyce, Anna) Modified on 12/13/2021 to adjust docket text from all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 324 Declaration of Jamie Miller in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 323 Declaration of Jamie Miller in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 322 Declaration of Tye Stewart in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 321 Declaration of Tye Stewart in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 320 Declaration of Thomas McLay in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 319 Declaration of Thomas McLay in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 318 Declaration of Patrick Mullen in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 317 Declaration of Brian Stephen in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit, #2 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 316 Declaration of Brian Stephen in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit, #2 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 315 Declaration of Josh Highberger in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 314 Declaration of Josh Highberger in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 313 Declaration of Kimberly Hendricks in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 312 Declaration of Kimberly Hendricks in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 311 Declaration of Douglas Sheppard in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 310 Declaration of Douglas Sheppard in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 309 Declaration of Douglas Sheppard in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 308 Declaration of Douglas Sheppard in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 307 Declaration of Theron Rumsey in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 306 Declaration of Theron Rumsey in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 305 Declaration of Christine Popoff in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 304 Declaration of Christine Popoff in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 303 Declaration of Stephanie Johnston in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 302 Declaration of Stephanie Johnston in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 301 Declaration of Richard Ackley in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 300 Declaration of Richard Ackley in Opposition to Plaintiffs' Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 299 Declaration of Julie Martin in Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit Exhibit 1) (Joyce, Anna)
December 10, 2021 Opinion or Order Filing 298 Second Declaration of Dr. Kevin Cahill In Opposition To Plaintiffs' Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Joyce, Anna) Modified on 12/13/2021 to adjust docket text from all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 297 Declaration of Dr. Kevin Cahill In Opposition To Plaintiffs' Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1) (Joyce, Anna) Modified on 12/13/2021 to adjust all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 296 Declaration of Dr. Todd Wilcox In Opposition To Plaintiffs' Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Anna) Modified on 12/13/2021 to adjust all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 295 Declaration of Dr. Todd Wilcox In Opposition To Plaintiffs' Motion To Certify As Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Anna) Modified on 12/10/2021 to adjust all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 294 Declaration of Dr. Rebecca Lubelczyk In Opposition To Plaintiffs' Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Anna) (Attachment 3 replaced on 12/10/2021) (eo). Modified on 12/10/2021 to adjust docket text from all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 293 Declaration of Dr. Rebecca Lubelczyk In Opposition To Plaintiffs' Motion To Certify As Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Anna) (Attachment 3 replaced on 12/10/2021) (eo). Modified on 12/10/2021 to adjust docket text from all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 292 Declaration of Molly K. Honore In Opposition To Plaintiff's Motion To Certify As Class Action. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit Exs. 1 to 28) (Joyce, Anna) Modified on 12/10/2021 to adjust all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 291 Declaration of Molly K. Honore In Opposition to Plaintiff's Motion To Certify As Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #290 .) (Attachments: #1 Exhibit Exs. 1 to 28) (Joyce, Anna) Modified on 12/10/2021 to adjust all caps to initial caps. NEF not regenerated. (jw)
December 10, 2021 Opinion or Order Filing 290 Response in Opposition to Motion to Certify the Class #203 Oral Argument requested. Filed by All Defendants. (Attachments: #1 Appendix) (Joyce, Anna)
December 3, 2021 Opinion or Order Filing 289 ORDER: Granting Defendants' Unopposed Motion for Leave to File an Overlength Brief in Opposition to Plaintiffs' Motion to Certify as Class Action (ECF No. #288 ). Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
December 3, 2021 Opinion or Order Filing 288 Unopposed Motion to File Excess Pages in Opposition to Plaintiffs' Motion to Certify as Class Action. Expedited Hearing requested. Filed by All Defendants. (Joyce, Anna)
November 24, 2021 Opinion or Order Filing 287 SCHEDULING ORDER regarding Defendants' Motion to Dismiss (ECF No. #281 ). Oral Argument is set for Monday, January 3, 2022 at 2:30 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
November 23, 2021 Opinion or Order Filing 286 Reply in Support of to Motion to Dismiss #281 Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
November 19, 2021 Opinion or Order Filing 285 Supplemental Memorandum in Support of Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
November 16, 2021 Opinion or Order Filing 284 Response in Opposition to Motion to Dismiss #281 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
November 10, 2021 Opinion or Order Filing 283 ORDER: Granting Defendants' unopposed request (by e-mail dated 11/8/2021) to consider Defendants' Motion to Dismiss (ECF No. #281 ) as Defendants' response to Plaintiffs' Sixth Amended Complaint (ECF No. #282 ). Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
November 2, 2021 Opinion or Order Filing 282 Amended Complaint - Sixth Amended Complaint. Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, George Nulph, Theron Hall, Felishia Ramirez, David Hart against Patrick Allen, Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Dahab, Nadia)
November 2, 2021 Opinion or Order Filing 281 Motion to Dismiss . Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
October 20, 2021 Opinion or Order Filing 280 SCHEDULING ORDER: Following a telephonic status conference on October 19, 2021, the Court enters thefollowing scheduling order: 1. Defendants may file a motion to dismiss paragraph 93(d) of the Fifth Amended Complaint by November 2, 2021. If Defendants file a motion to dismiss paragraph 93(d), Plaintiffs' response is due by November 16, 2021, and Defendants' reply is due by November 23, 2021. The motion and response may not exceed ten pages, and the reply may not exceed five pages. Defendants need not file an Answer to the Fifth Amended Complaint. 2. Plaintiffs shall file a Sixth Amended Complaint by November 2, 2021, defining the Damages Class to include adults incarcerated in ODOC facilities who received a positive (i.e., reactive) COVID-19 antibody test result during the relevant time period (and excluding individuals whose positive antibody test result could be the result of a COVID-19 infection prior to incarceration). If Plaintiffs believe it is necessary to file a short supplement in support of their motion for class certification to address the amended definition of the Damages Class, they may do so by November 19, 2021. The deadline for Defendants to file an Answer to the Sixth Amended Complaint is stayed until fourteen days after the Court resolves Defendants' anticipated motion to dismiss paragraph 93(d). 3. Plaintiffs shall continue to attempt to contact the emergency contacts and family members of the decedents in the proposed Wrongful Death Class, to send them the Court-approved notice and medical records release authorization card, and counsel shall continue to produce any returned medical records authorization cards to counsel for Defendants upon receipt. Only authorization cards received and produced to counsel for Defendants by November 19, 2021 may be referenced in support of or opposition to the pending motion for class certification. However, decedents whose authorization cards are returned after November 19, 2021, shall not be excluded from the Wrongful Death Class, if certified. 4. Defendants' response to Plaintiffs' motion for class certification is due by December 10, 2021. Plaintiffs' reply is due by January 7, 2022. The Court will hear oral argument on the motion for class certification in January 2022. 5. The Court GRANTS Plaintiffs' motion to provide notice and obtain medical records of antibody-positive adults in custody (ECF No. #277 ), and approves the proposed notice attached to the motion as Exhibit A. Signed on 10/20/2021 by Magistrate Judge Stacie F. Beckerman. (dsg)
October 19, 2021 Opinion or Order Filing 279 MINUTES of Proceedings: Status Conference HELD before Magistrate Judge Stacie Beckerman. ORDER staying Defendants' deadline to respond to the Fifth Amended Complaint pending further order of the Court. Written order to follow. Nadia Dehab, Benjamin Wright Haile, David Sugerman, Juan Chavez present as counsel for plaintiffs. Anna Marie Joyce, Kerry Shepherd, Molly Honore, Kyle Busse present as counsel for defendants. Court Reporter: FTR-11A. Magistrate Judge Stacie F. Beckerman presiding. (dsg)
October 15, 2021 Opinion or Order Filing 278 Declaration of Nadia H. Dahab in Support of Motion to Provide Notice and Obtain Release of Medical Records. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #277 .) (Attachments: #1 Errata 1) (Dahab, Nadia)
October 15, 2021 Opinion or Order Filing 277 Motion to Provide Notice and Obtain Release of Medical Records. Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
October 12, 2021 Opinion or Order Filing 276 SCHEDULING ORDER: Status Conference is set for 10/19/2021 at 02:15PM by telephone before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (dsg)
October 8, 2021 Opinion or Order Filing 275 ORDER REGARDING POSITIVE/REACTIVE COVID-19 ANTIBODY TEST RESULTS Signed on 10/8/2021 by Magistrate Judge Stacie F. Beckerman. (dsg)
October 8, 2021 Opinion or Order Filing 274 Stipulated Proposed Form of Order Submitted Regarding Positive/Reactive COVID-19 Antibody Test Results. Filed by All Plaintiffs. (Dahab, Nadia)
October 5, 2021 Opinion or Order Filing 273 Fifth Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, George Nulph, Theron Hall, Felishia Ramirez, David Hart against All Defendants. (Dahab, Nadia)
September 28, 2021 Opinion or Order Filing 272 OPINION AND ORDER: The Court DENIES Defendants' motion to strike (ECF No. #245 ), GRANTS in part and DENIES in part Defendants' motion to dismiss (ECF No. #245 ), GRANTS IN PART Defendants' request to take additional depositions and interview unrepresented AICs, GRANTS Plaintiffs' motion for an order of dismissal without prejudice of plaintiff Micah Rhodes (ECF No. #249 ), and GRANTS Plaintiffs' request to compel Defendants to disclose a list of AICs who have tested positive for COVID-19 antibodies. Plaintiffs shall file a Fifth Amended Complaint consistent with this opinion by October 5, 2021. Defendants' response to Plaintiffs' motion to certify the class (ECF No. #203 ) is due thirty days from the date of the last of the nineteen depositions authorized herein. The parties shall notify the Court of the relevant dates. (See 23-page opinion for more information.) Signed on 9/28/2021 by Magistrate Judge Stacie F. Beckerman. (dsg)
September 15, 2021 Opinion or Order Filing 271 ORDER postponing the discovery hearing set for Thursday, September 16, 2021, at 1:30 p.m. pending final resolution of pending motions (ECF Nos. #245 , #249 ), and pending discovery disputes. If the new discovery issues are not resolved in the Court's Opinion and Order addressing the other pending matters, the Court will reschedule the discovery hearing. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
September 9, 2021 Opinion or Order Filing 270 SCHEDULING ORDER: Discovery Hearing is set for Thursday, 9/16/2021, at 01:30 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
September 7, 2021 Opinion or Order Filing 269 ORDER granting final approval to Plaintiffs' proposed "Notice Regarding Wrongful Death Class Medical Records" and "Medical Records Authorization Card" (ECF No. #268 ). Ordered on 9/7/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
August 24, 2021 Opinion or Order Filing 268 Notice Regarding Medical Records Authorization for Wrongful Death Class Filed by All Plaintiffs. (Dahab, Nadia)
August 23, 2021 Opinion or Order Filing 267 Declaration of Joseph Bugher in Support of Response to Plaintiffs' Second Notice of Additional Authorities. Filed by All Defendants. (Joyce, Anna)
August 23, 2021 Opinion or Order Filing 266 Response titled "Response to Plaintiffs' Second Notice of Additional Authorities". Filed by All Defendants. (Related document(s): Notice #265 .) (Joyce, Anna)
August 18, 2021 Opinion or Order Filing 265 Second Notice of Additional Authorities Filed by All Plaintiffs. (Dahab, Nadia)
August 13, 2021 Opinion or Order Filing 264 OPINION AND ORDER. For the reasons stated, the Court GRANTS in part and DENIES in part Plaintiffs' Motion to Provide Notice and Obtain Release of Medical Records of Decedents in Plaintiffs Proposed Wrongful Death Class (ECF No. #243 ). Signed on 8/13/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
August 12, 2021 Opinion or Order Filing 263 Notice of Appearance of Chad A. Naso appearing on behalf of All Defendants . Filed by Patrick Allen, Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Naso, Chad)
August 6, 2021 Opinion or Order Filing 262 MINUTES of Proceedings: Oral Argument held by telephone before Magistrate Judge Stacie F. Beckerman regarding Plaintiffs' Motion to Provide Notice and Obtain Release of Medical Records (ECF No. #243 ), Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) and Motion to Strike Pursuant to FRCP 12(f) (ECF No. #245 ), and Plaintiffs' Motion for Order of Dismissal Without Prejudice of Plaintiff Micah Rhodes (ECF No. #249 ) on 8/6/2021. The motions are argued and taken under advisement as of 8/6/2021. Nadia H. Dahab, Brittney Plesser, David F. Sugerman, Franz H. Bruggemeier, and Juan C. Chavez present as counsel for plaintiffs. Tracy Ickes White, Kelsie Gene Crippen, Molly K. Honore and Kerry J. Shepherd present as counsel for defendants. Court Reporter: Ryan White, (503) 326-8184. Magistrate Judge Stacie F. Beckerman presiding. (gw)
August 4, 2021 Opinion or Order Filing 261 Notice of Additional Authorities Filed by All Plaintiffs. (Dahab, Nadia)
August 2, 2021 Opinion or Order Filing 260 Reply to Motion for Order of Dismissal Without Prejudice of Plaintiff Micah Rhodes #249 . Filed by All Plaintiffs. (Dahab, Nadia)
July 30, 2021 Opinion or Order Filing 259 Notice of Correction by Clerk regarding #258 Reply to Motion. A Clerical error has been discovered in the case record: The attorney signature was missing. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (cw)
July 30, 2021 Opinion or Order Filing 258 Reply to Motion to Dismiss titled "Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) nd Motion to Strike Pursuant to FRCP 12(f)" #245 . Filed by All Defendants. (Joyce, Anna) (Main Document 258 replaced on 7/30/2021) (cw).
July 26, 2021 Opinion or Order Filing 257 Response in Opposition to Motion for Order of Dismissal Without Prejudice of Plaintiff Micah Rhodes #249 . Filed by All Defendants. (Joyce, Anna)
July 21, 2021 Opinion or Order Filing 256 Notice of Appearance of Kelsie Gene Crippen appearing on behalf of All Defendants . Filed by Patrick Allen, Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Crippen, Kelsie)
July 16, 2021 Opinion or Order Filing 255 Declaration of Nadia H. Dahab in Support of Plaintiffs' Response in Opposition to Defendants' Rule 12 Motions. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #254 .) (Dahab, Nadia)
July 16, 2021 Opinion or Order Filing 254 Response in Opposition to Motion to Dismiss titled "Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) nd Motion to Strike Pursuant to FRCP 12(f)" #245 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
July 16, 2021 Opinion or Order Filing 253 Order by Magistrate Judge Stacie F. Beckerman. The telephonic status conference regarding depositions scheduled for July 16, 2021, at 11:00 AM is cancelled. Ordered by Magistrate Judge Stacie F. Beckerman. (cw)
July 16, 2021 Opinion or Order Filing 252 Scheduling Order by Magistrate Judge Stacie F. Beckerman. A Status Conference regarding depositions is set for 7/16/2021 at 11:00AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Telephone conference access information will be provided to counsel by a separate docket entry. Ordered by Magistrate Judge Stacie F. Beckerman. (cw)
July 16, 2021 Opinion or Order Filing 251 Notice of Appearance of Benjamin Wright Haile appearing on behalf of All Plaintiffs . Filed by Gary Clift, Theron Hall, David Hart, Paul Maney, George Nulph, Felishia Ramirez, Micah Rhodes, Sheryl Lynn Sublet. (Haile, Benjamin)
July 15, 2021 Opinion or Order Filing 250 Response in Opposition to Motion to Provide Notice and Obtain Release of Medical Records #243 . Filed by All Defendants. (Joyce, Anna)
July 13, 2021 Opinion or Order Filing 249 Motion for Order of Dismissal Without Prejudice of Plaintiff Micah Rhodes. Filed by All Plaintiffs. (Dahab, Nadia)
July 12, 2021 Opinion or Order Filing 248 Notice of Appearance of R. Kyle Busse appearing on behalf of All Defendants . Filed by Patrick Allen, Kate Brown, Joe Bugher, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Garry Russell, State of Oregon, Heidi Steward. (Busse, R.)
July 9, 2021 Opinion or Order Filing 247 SCHEDULING ORDER regarding Plaintiffs' Motion to Provide Notice and Obtain Release of Medical Records (ECF No. #243 ), Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) and Motion to Strike Pursuant to FRCP 12(f) (ECF No. #245 ), and Defendants' request to take additional depositions and interview adults in custody: Oral Argument is set for Friday, August 6, 2021 at 11:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
July 8, 2021 Opinion or Order Filing 246 MINUTES of Proceedings: Status Conference held by telephone before Magistrate Judge Stacie F. Beckerman on 7/8/2021. Defense counsel are to e-mail a letter to Judge Beckerman (to SBpropdoc@ord.uscourts.gov) regarding additional depositions and interviewing adults in custody on or before 7/16/2021. Plaintiffs' response (also by e-mail) is due on or before 7/23/2021. The Court will contact the parties with proposed dates for oral argument on Plaintiffs' Motion to Provide Notice and Obtain Release of Medical Records (ECF No. #243 ) and Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) and Motion to Strike Pursuant to FRCP 12(f) (ECF No. #245 ). Nadia H. Dahab, Alexander Meggitt, Brittney Plesser, David F. Sugerman, Franz H. Bruggemeier, and Juan C. Chavez present as counsel for plaintiffs. Kerry J. Shepherd, Molly K. Honore and Kyle Busse present as counsel for defendants. Tape No: FTR-9A. Magistrate Judge Stacie F. Beckerman presiding. (gw)
July 2, 2021 Opinion or Order Filing 245 Motion to Dismiss titled "Defendants' Motions to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) nd Motion to Strike Pursuant to FRCP 12(f)". Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
July 2, 2021 Opinion or Order Filing 244 Joint ADR Report . Filed by All Defendants.(Shepherd, Kerry)
July 1, 2021 Opinion or Order Filing 243 Motion to Provide Notice and Obtain Release of Medical Records. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Dahab, Nadia)
June 29, 2021 Opinion or Order Filing 242 Notice of Attorney Withdrawal: Filed by All Defendants. (White, Tracy)
June 10, 2021 Opinion or Order Filing 241 ORDER: Granting Stipulated Motion to Authorize Adults in Custody Depositions (ECF No. #239 ). Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
June 10, 2021 Opinion or Order Filing 240 Declaration of Molly K. Honore in Support of Stipulated Motion to Authorize Adults in Custody Depositions. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #239 .) (Honore, Molly)
June 10, 2021 Opinion or Order Filing 239 Stipulated Motion to Authorize Adults in Custody Depositions. Filed by All Defendants. (Honore, Molly)
May 27, 2021 Opinion or Order Filing 238 SCHEDULING ORDER: Status Conference is set for Thursday, July 8, 2021, at 9:30 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
May 25, 2021 Opinion or Order Filing 237 MINUTES of Proceedings: Scheduling Conference held by telephone before Magistrate Judge Stacie F. Beckerman on 5/25/2021. ORDER: Striking the 7/16/2021 deadline for Defendants to respond to Plaintiffs' Motion to Certify the Class (ECF No. #203 ). The Court will contact the parties to schedule a status conference for mid-July. Joint Alternate Dispute Resolution Report will be due one week before the status conference. At the status conference, the Court will set a new deadline for Defendants' response to the Motion to Certify the Class. David F. Sugerman, Juan C. Chavez and Franz H. Bruggemeier present as counsel for plaintiffs. Kerry J. Shepherd, Molly K. Honore and Andrew Hallman present as counsel for defendants. Tape No: FTR-9A. Magistrate Judge Stacie F. Beckerman presiding. (gw)
May 21, 2021 Opinion or Order Filing 236 ORDER: Granting Plaintiffs' Unopposed Motion to Withdraw Declaration in Support of Class Certification (ECF No. #235 ). The Clerk is directed to strike the Declaration of Jason Beaver in Support of Motion to Certify Damages and Wrongful Death Classes (ECF No. 218 ). Ordered on 5/21/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
May 21, 2021 Opinion or Order Filing 235 Motion to Withdraw Declaration in Support of Class Certification. Filed by All Plaintiffs. (Dahab, Nadia)
May 20, 2021 Opinion or Order Filing 234 SCHEDULING ORDER: At the request of the parties (by e-mail dated 5/19/2021), SETTING a Scheduling Conference for Tuesday, 5/25/2021, at 3:30 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. If the parties plan to present a proposed schedule, they should e-mail the schedule to giselle_williams@ord.uscourts.gov, by 5:00 PM on 5/24/2021. Ordered on 5/20/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
May 14, 2021 Opinion or Order Filing 233 ORDER: Granting Defendants' Unopposed Motion for Extension of Time (ECF No. #232 ). Defendants' Response to Plaintiffs' Motion to Certify Damages and Wrongful Death Classes and Alternative Motion to Certify Issue Class (ECF No. #203 ) is due by 7/16/2021. Defendants' responsive pleading to Plaintiffs' Fourth Amended Complaint (ECF No. #223 ) is due by 7/2/2021. Ordered on 5/14/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
May 14, 2021 Opinion or Order Filing 232 Unopposed Motion for Extension of Time to Respond to Motion For Class Certification and to Respond to Fourth Amended Complaint. Filed by All Defendants. (Honore, Molly)
May 13, 2021 Opinion or Order Filing 231 Acceptance/Acknowledgement of Service of Summons Issued #228 on Joe Bugher served on 5/12/2021 Filed by All Plaintiffs. (Dahab, Nadia)
May 13, 2021 Opinion or Order Filing 230 Acceptance/Acknowledgement of Service of Summons Issued #229 on Garry Russell served on 5/12/2021 Filed by All Plaintiffs. (Dahab, Nadia)
May 6, 2021 Opinion or Order Filing 229 Summons Issued Electronically as to Garry Russell. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (bd)
May 6, 2021 Opinion or Order Filing 228 Summons Issued Electronically as to Joe Bugher. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (bd)
May 6, 2021 Opinion or Order Filing 227 ORDER: Granting Defendants' Unopposed Motion to Authorize Disclosure of Medical Records of Incarcerated Adults Diagnosed with Covid-19 to Defendants' Counsel (ECF No. #226 ). Defendants' counsel and experts may inspect and review the medical records of all adults in custody who have not objected to the disclosure of their medical records to plaintiffs' counsel. Ordered on 5/6/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
May 5, 2021 Opinion or Order Filing 226 Motion To Authorize Disclosure Of Medical Records Of Incarcerated Adults Diagnosed With Covid-19 To Defendants Counsel. Filed by All Defendants. (Honore, Molly)
May 3, 2021 Opinion or Order Filing 225 Proposed Summons Filed by All Plaintiffs. (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 224 Proposed Summons Filed by All Plaintiffs. (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 223 Fourth Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, Micah Rhodes, George Nulph, Theron Hall, David Hart, Felishia Ramirez against Patrick Allen, Kate Brown, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, State of Oregon, Heidi Steward, Joe Bugher, Garry Russell. (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 222 ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Fourth Amended Complaint (ECF No. #202 ). Plaintiffs shall promptly file the Fourth Amended Complaint. Defendants' response will be due 45 days afterward. Ordered on 5/3/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
May 3, 2021 Opinion or Order Filing 221 Declaration of William Sellers in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 220 Declaration of Michael Willingham in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 219 Declaration of Justin Phillips in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 217 Declaration of Jamie Edgtton in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 216 Declaration of Devin Butler in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 215 Declaration of Billy Shaffer in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 214 Declaration of Andrew Cadwallader in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 213 Declaration of Adam Coopersmith in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 212 Declaration of Brian Thornburg in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 211 Declaration of Theron Hall in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 210 Declaration of David Hart in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 209 Declaration of Sheryl Sublet in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 208 Declaration of Paul Maney in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 207 Declaration of Gary Clift in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 206 Declaration of Felisha Ramirez in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 205 Declaration of Franz Bruggemeier in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 204 Declaration of David F. Sugerman in Support of Motion to Certify Damages and Wrongful Death Classes. Filed by All Plaintiffs. (Related document(s): Motion to certify class #203 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 203 Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
May 3, 2021 Opinion or Order Filing 202 Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: #1 Attachment Proposed Fourth Amended Complaint) (Dahab, Nadia)
March 31, 2021 Opinion or Order Filing 201 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on February 9, 2021, before Judge Stacie F. Beckerman, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/7/2021. Redaction Request due 4/21/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/29/2021. (jjcr)
March 31, 2021 Opinion or Order Filing 200 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on February 2, 2021, before Judge Stacie F. Beckerman, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/7/2021. Redaction Request due 4/21/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/29/2021. (jjcr)
March 31, 2021 Opinion or Order Filing 199 SCHEDULING ORDER: Granting Plaintiffs' second unopposed request (by e-mail dated 3/31/2021) for an extension of time to file their motion for class certification, from 4/1/2021 to Monday, 5/3/2021. Ordered on 3/31/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
March 30, 2021 Opinion or Order Filing 198 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/13/2020 before Judge Stacie F. Beckerman, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/6/2021. Redaction Request due 4/20/2021. Redacted Transcript Deadline set for 4/30/2021. Release of Transcript Restriction set for 6/28/2021. (White, Ryan)
March 17, 2021 Opinion or Order Filing 197 ORDER: In light of Defendants' ongoing compliance with this Court's Order (ECF No. #178 ), the Court will no longer require the parties to file weekly joint status reports. Ordered on 3/17/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
March 17, 2021 Opinion or Order Filing 196 Notice of Attorney Withdrawal: Filed by All Defendants. (White, Tracy)
March 16, 2021 Opinion or Order Filing 195 Joint Status Report by All Defendants. Filed by All Defendants. (White, Tracy)
March 16, 2021 Opinion or Order Filing 194 Notice of Appearance of Kerry J. Shepherd appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Shepherd, Kerry)
March 16, 2021 Opinion or Order Filing 193 Transcript Designation and Order Form for the hearing held on 2-2-2021 before Judge Magistrate Judge Stacie F. Beckerman. Court Reporter: Jill Jessup. . Filed by All Defendants. (Honore, Molly)
March 16, 2021 Opinion or Order Filing 192 Transcript Designation and Order Form for the hearing held on 11-13-2020 before Judge Magistrate Judge Stacie F. Beckerman. Court Reporter: Ryan White. . Filed by All Defendants. (Honore, Molly)
March 16, 2021 Opinion or Order Filing 191 Notice of Appearance of Molly K. Honore appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Honore, Molly)
March 15, 2021 Opinion or Order Filing 190 Notice of Appearance of Jermaine Brown appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Brown, Jermaine)
March 15, 2021 Opinion or Order Filing 189 Notice of Appearance of Anna Marie Joyce appearing on behalf of All Defendants (also appearing: Kerry J. Shepherd, Molly K. Honore, Jermaine F. Brown) Filed by on behalf of All Defendants. (Joyce, Anna)
March 8, 2021 Opinion or Order Filing 188 SCHEDULING ORDER: The Court acknowledges the parties' Third Joint Status Report (ECF No. #187 ). The next Joint Status Report is due on or before Monday, 3/15/2021. Ordered on 3/8/20021 by Magistrate Judge Stacie F. Beckerman. (gw)
March 5, 2021 Opinion or Order Filing 187 Joint Status Report by All Defendants. Filed by All Defendants. (White, Tracy)
February 25, 2021 Opinion or Order Filing 186 ORDER: Granting Plaintiffs' unopposed request (by e-mail dated 2/24/2021) for an extension of time to file their motion for class certification, from 3/1/2021 to Thursday, 4/1/2021. And, granting Defendants' unopposed request (within Joint Status Report #185 ) for an extension of time. The next Joint Status Report is due by Friday, 3/5/2021. Ordered on 2/25/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
February 24, 2021 Opinion or Order Filing 185 Joint Status Report by All Defendants. Filed by All Defendants. (White, Tracy)
February 22, 2021 Opinion or Order Filing 184 SCHEDULING ORDER: Granting the parties' request (by e-mail dated 2/22/2021) for an extension of time. The next Joint Status Report is due by 2/24/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
February 16, 2021 Opinion or Order Filing 183 Declaration of Counsel . Filed by All Plaintiffs. (Chavez, Juan)
February 16, 2021 Opinion or Order Filing 182 Joint Status Report re: Vaccine Order. Filed by All Plaintiffs. (Chavez, Juan)
February 9, 2021 Opinion or Order Filing 181 MINUTES of Proceedings: Status Conference held by telephone before Magistrate Judge Stacie F. Beckerman on 2/9/2021. ORDER: The parties are to file a Joint Status Report weekly, as discussed on the record. The first Joint Status Report is due by Tuesday, 2/16/2021, with successive reports due each Monday until further notice. Juan C. Chavez, Alexander Meggitt, David F. Sugerman, Nadia H. Dahab and Franz H. Bruggemeier present as counsel for plaintiffs. Andrew D. Hallman and Tracy Ickes White present as counsel for defendants. Court Reporter: Jill Jessup, (503) 326-8191. Magistrate Judge Stacie F. Beckerman presiding. (gw)
February 5, 2021 Opinion or Order Filing 180 Answer to #160 Amended Complaint with Jury Demand (Defendants' Answer and Affirmative Defenses to Third Amended Complaint). Filed by Patrick Allen, Mike Gower, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward, State of Oregon. (White, Tracy)
February 4, 2021 Opinion or Order Filing 179 SCHEDULING ORDER: At the request of Plaintiffs (by e-mail dated 2/4/2021), SETTING a Status Conference for Tuesday, 2/9/2021, at 10:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
February 2, 2021 Opinion or Order Filing 178 OPINION AND ORDER. For the reasons stated, the Court GRANTS Plaintiffs' motion for provisional class certification (ECF No. #154 ), GRANTS Plaintiffs' motion for a preliminary injunction (ECF No. #156 ), and ORDERS that Defendants shall offer all AICs housed in ODOC facilities, who have not been offered a COVID-19 vaccine, a COVID-19 vaccine as if they had been included in Phase 1A, Group 2, of Oregon's Vaccination Plan. IT IS SO ORDERED. Signed on 2/2/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
February 2, 2021 Opinion or Order Filing 177 MINUTES of Proceedings: Oral Argument held by telephone before Magistrate Judge Stacie F. Beckerman regarding Plaintiffs' Motion for Temporary Restraining Order (ECF No. #156 ) and Plaintiffs' Motion to Certify the Class (ECF No. #154 ) on 2/2/2021. The motions are argued and taken under advisement as of 2/2/2021. Juan C. Chavez, Nadia H. Dahab, Alexander Meggitt, David F. Sugerman and Franz H. Bruggemeier present as counsel for plaintiffs. Andrew D. Hallman and Tracy Ickes White present as counsel for defendants. Court Reporter: Jill Jessup, (503) 326-8191. Magistrate Judge Stacie F. Beckerman presiding. (gw)
February 1, 2021 Opinion or Order Filing 176 Notice of Appearance of Tracy Ickes White appearing on behalf of Patrick Allen Filed by on behalf of Patrick Allen. (White, Tracy)
February 1, 2021 Opinion or Order Filing 175 Full Consent by all Parties to Jurisdiction by U.S. Magistrate Judge. (gw)
February 1, 2021 Opinion or Order Filing 174 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
February 1, 2021 Opinion or Order Filing 173 NOTICE BY THE CLERK: With the addition of a new defendant, there is no longer full consent to proceed before a U.S. Magistrate Judge in this case. If any non-consenting party would like to consent to proceed before Magistrate Judge Beckerman, the consent form may be found attached to this notice. It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office. The parties are free to withhold consent without adverse substantive consequences. (gw)
January 30, 2021 Opinion or Order Filing 172 Reply to Motion to Certify the Class #154 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia)
January 29, 2021 Opinion or Order Filing 171 ORDER: Granting Plaintiffs' Unopposed Motion to Take Judicial Notice (ECF No. #168 ). Ordered on 1/29/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
January 29, 2021 Opinion or Order Filing 170 Waiver of Service of Summons Returned Executed by Patrick Allen waiver sent on 1/29/2021. Filed by All Plaintiffs. (Sugerman, David)
January 29, 2021 Opinion or Order Filing 169 Declaration of David F. Sugerman . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #168 .) (Sugerman, David)
January 29, 2021 Opinion or Order Filing 168 Motion . Filed by All Plaintiffs. (Sugerman, David)
January 28, 2021 Opinion or Order Filing 167 Declaration of Lydia Luther . Filed by All Defendants. (Related document(s): Response to Motion #164 .) (White, Tracy)
January 28, 2021 Opinion or Order Filing 166 Declaration of Joe Bugher . Filed by All Defendants. (Related document(s): Response to Motion #164 .) (White, Tracy)
January 28, 2021 Opinion or Order Filing 165 Declaration of Tracy Ickes White . Filed by All Defendants. (Related document(s): Response to Motion #164 .) (White, Tracy)
January 28, 2021 Opinion or Order Filing 164 Response to Motion for Temporary Restraining Order #156 . Filed by All Defendants. (White, Tracy)
January 28, 2021 Opinion or Order Filing 163 Response to Motion to Certify the Class #154 . Filed by All Defendants. (White, Tracy)
January 25, 2021 Opinion or Order Filing 162 ORDER: The Oral Argument set for Tuesday, 2/2/2021, at 10:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman will pertain to Plaintiffs' Motion for Temporary Restraining Order (ECF No. #156 ) as well as Plaintiffs' Motion to Certify the Class (ECF No. #154 ). Ordered on 1/25/2021 by Magistrate Judge Stacie F. Beckerman. (Related document: Scheduling Order 152). (gw)
January 25, 2021 Opinion or Order Filing 161 ORDER: Defendants shall include in their response to Plaintiffs' Motion for Temporary Restraining Order the following information: (i) how many "individuals working in a correctional setting" in Phase 1A of Oregon's Vaccine Sequencing Plan have received the vaccine to date; (ii) of that total, how many vaccines were administered to (a) adults in custody; (b) Department of Corrections staff and contractors; and (c) non-Department of Corrections individuals who may come into contact with adults in custody (e.g., defense lawyers, prosecutors, law enforcement officials, etc.); (iii) whether the Department of Corrections has required any category of personnel to receive the vaccine; and (iv) whether adults in custody who work in their correctional institution have already received the vaccine in Phase 1A because they are "individuals working in a correctional setting." Ordered on 1/25/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
January 22, 2021 Opinion or Order Filing 160 Third Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, Micah Rhodes, George Nulph, Theron Hall, David Hart against All Defendants. (Sugerman, David)
January 22, 2021 Opinion or Order Filing 159 ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Third Amended Complaint (ECF No. #153 ). Plaintiffs shall promptly file the Third Amended Complaint. Ordered on 1/22/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
January 21, 2021 Opinion or Order Filing 158 Declaration of MacDonald . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #156 .) (Chavez, Juan)
January 21, 2021 Opinion or Order Filing 157 Declaration of Counsel . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #156 .) (Chavez, Juan)
January 21, 2021 Opinion or Order Filing 156 Motion for Temporary Restraining Order . Oral Argument requested. Filed by All Plaintiffs. (Chavez, Juan)
January 21, 2021 Opinion or Order Filing 155 Declaration of David F. Sugerman . Filed by All Plaintiffs. (Related document(s): Motion to certify class #154 .) (Sugerman, David)
January 21, 2021 Opinion or Order Filing 154 Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
January 21, 2021 Opinion or Order Filing 153 Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Sugerman, David)
January 20, 2021 Opinion or Order Filing 152 SCHEDULING ORDER: Plaintiffs' class certification motion regarding vaccines is to be filed on or before 1/21/2021. Defendants' Response is due by 1/28/2021. Oral Argument is set for Tuesday, 2/2/2021, at 10:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. (Conference call information to follow by separate sealed entry.) Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
January 8, 2021 Opinion or Order Filing 151 ORDER: The Court acknowledges receipt of the parties' joint status report (by e-mail dated 1/8/2021). The next Joint Status Report is due (by e-mail to SBpropdoc@ord.uscourts.gov) by 3/9/2021. Ordered on 1/8/2021 by Magistrate Judge Stacie F. Beckerman. (gw)
December 29, 2020 Opinion or Order Filing 150 SCHEDULING ORDER: Joint Status Report is due by 1/8/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
December 15, 2020 Opinion or Order Filing 149 OPINION AND ORDER. For the reasons stated, the Court GRANTS IN PART and DENIES IN PART Defendants' motion for partial summary judgment (ECF No. #115 ). Signed on 12/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
November 24, 2020 Opinion or Order Filing 148 Notice of Appearance of Nadia H. Dahab appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Dahab, Nadia)
November 13, 2020 Opinion or Order Filing 147 MINUTES of Proceedings: Oral Argument held by telephone before Magistrate Judge Stacie F. Beckerman regarding Defendants' Motion for Partial Summary Judgment (ECF No. #115 ) on 11/13/2020. The motion is argued and taken under advisement as of 11/13/2020. ORDER: The parties are to meet and confer on whether to propose new case management deadlines (amendment of the pleadings, discovery, dispositive motions, and a Joint Alternate Dispute Resolution report) immediately or after the Court enters its ruling on the Motion for Partial Summary Judgment. Juan C. Chavez, Alexander Meggitt, Brittney Plesser, David F. Sugerman and Franz H. Bruggemeier present as counsel for plaintiffs. Andrew D. Hallman and Tracy Ickes White present as counsel for defendants. Court Reporter: Ryan White, (503) 326-8184. Magistrate Judge Stacie F. Beckerman presiding. (gw)
October 28, 2020 Opinion or Order Filing 146 SCHEDULING ORDER regarding Defendants' Motion for Partial Summary Judgment (ECF No. #115 ): Oral Argument is set for Friday, 11/13/2020, at 09:30 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered on 10/28/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
October 26, 2020 Opinion or Order Filing 145 Supplemental Declaration of Joe Bugher . Filed by All Defendants. (Related document(s): Motion for Partial Summary Judgment #115 .) (Attachments: #1 Exhibit 1 of 14, #2 Exhibit 2 of 14, #3 Exhibit 3 of 14, #4 Exhibit 4 of 14, #5 Exhibit 5 of 14, #6 Exhibit 6 of 14, #7 Exhibit 7 of 14, #8 Exhibit 8 of 14, #9 Exhibit 9 of 14, #10 Exhibit 10 of 14, #11 Exhibit 11 of 14, #12 Exhibit 12 of 14, #13 Exhibit 13 of 14, #14 Exhibit 14 of 14) (White, Tracy)
October 26, 2020 Opinion or Order Filing 144 Supplemental Declaration of Dr. Daniel Dewsnup . Filed by All Defendants. (Related document(s): Motion for Partial Summary Judgment #115 .) (White, Tracy)
October 26, 2020 Opinion or Order Filing 143 Reply to Motion for Partial Summary Judgment #115 . Filed by All Defendants. (White, Tracy)
October 23, 2020 Opinion or Order Filing 142 MINUTES of Proceedings: Discovery Hearing held by telephone before Magistrate Judge Stacie F. Beckerman on 10/23/2020. ORDER: Denying as premature Plaintiffs' request to depose Oregon Department of Corrections (ODOC) Director Colette Peters, without prejudice to renewing the request after deposing ODOC Deputy Director Heidi Steward and Health Services Administrator Joe Bugher. ORDER: The parties are to confer on a briefing schedule regarding Defendants' motion for a protective order in response to Plaintiffs' request to depose Governor Kate Brown, and e-mail the proposed schedule to the courtroom deputy at giselle_williams@ord.uscourts.gov. Juan C. Chavez, Alexander Meggitt, Brittney Plesser, David F. Sugerman and Franz H. Bruggemeier present as counsel for plaintiffs. Andrew D. Hallman and Tracy Ickes White present as counsel for defendants. Court Reporter: Bonita Shumway, (503) 326-8188. Magistrate Judge Stacie F. Beckerman presiding. (gw)
October 19, 2020 Opinion or Order Filing 141 SCHEDULING ORDER: At the request of Plaintiffs, SETTING a Discovery Hearing for Friday, 10/23/2020, at 09:30 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered on 10/19/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
October 14, 2020 Opinion or Order Filing 140 ORDER: Granting Defendants' Unopposed Motion for Extension of Time (ECF No. #139 ). Reply in support of Motion for Partial Summary Judgment (ECF No. #115 ) is due by 10/26/2020. Ordered on 10/14/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
October 14, 2020 Opinion or Order Filing 139 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #115 . Filed by All Defendants. (White, Tracy)
October 3, 2020 Opinion or Order Filing 138 Declaration of Yurkovich . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 137 Declaration of Woods . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 136 Declaration of Werby . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 135 Declaration of Seloover . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 134 Declaration of Sellers . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 133 Declaration of Randall . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 132 Declaration of McDonald . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 131 Declaration of Maney . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 130 Declaration of Kambarov . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 129 Declaration of Harvey . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 128 Declaration of Brown . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #127 .) (Chavez, Juan)
October 3, 2020 Opinion or Order Filing 127 Response in Opposition to Motion for Partial Summary Judgment #115 Oral Argument requested. Filed by All Plaintiffs. (Chavez, Juan)
September 23, 2020 Opinion or Order Filing 126 ORDER: Granting Plaintiffs' Third Motion for Extension of Time (ECF No. #124 ). Response to Defendants' Motion for Partial Summary Judgment (ECF No. #115 ) is due by 10/2/2020. Ordered on 9/23/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
September 22, 2020 Opinion or Order Filing 125 Declaration of Counsel . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #124 .) (Chavez, Juan)
September 22, 2020 Opinion or Order Filing 124 Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #115 . Filed by All Plaintiffs. (Chavez, Juan)
September 9, 2020 Opinion or Order Filing 123 ORDER: Granting Plaintiffs' Second Unopposed Motion for Extension of Time (ECF No. #121 ). Response to Defendants' Motion for Partial Summary Judgment (ECF No. #115 ) is due by 9/22/2020. Ordered on 9/9/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
September 8, 2020 Opinion or Order Filing 122 Declaration of Counsel . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #121 .) (Chavez, Juan)
September 8, 2020 Opinion or Order Filing 121 Second Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #115 . Filed by All Plaintiffs. (Chavez, Juan)
August 24, 2020 Opinion or Order Filing 120 Declaration of Counsel . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #118 .) (Chavez, Juan)
August 24, 2020 Opinion or Order Filing 119 ORDER: Granting Plaintiffs' Unopposed Motion for Extension of Time (ECF No. #118 ). Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment (ECF No. #115 ) is due by 9/8/2020. Ordered on 8/24/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
August 24, 2020 Opinion or Order Filing 118 Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #115 . Filed by All Plaintiffs. (Chavez, Juan)
August 24, 2020 Opinion or Order Filing 117 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing (By Videoconference) held on 5/29/2020 before Judge Stacie F. Beckerman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/31/2020. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020. (Shumway, Bonita)
August 3, 2020 Opinion or Order Filing 116 Supplemental Declaration of Joe Bugher In Support of Defendants' Motion for Partial Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Partial Summary Judgment #115 .) (Attachments: #1 Exhibit 1 of 2, #2 Exhibit 2 of 2) (White, Tracy)
August 3, 2020 Opinion or Order Filing 115 Motion for Partial Summary Judgment . Oral Argument requested. Filed by All Defendants. (White, Tracy)
July 10, 2020 Opinion or Order Filing 114 Answer to #111 Amended Complaint with Jury Demand . Filed by Mike Gower, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward, State of Oregon. (White, Tracy)
July 6, 2020 Opinion or Order Filing 113 ORDER: Granting Plaintiffs' Unopposed Motion to Provide Notice and Obtain Release of Medical Records of Incarcerated Adults Diagnosed With Covid-19 (ECF No. #112 ). (See attached order.) Signed on 7/6/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
June 26, 2020 Opinion or Order Filing 112 Unopposed Motion To Provide Notice and Obtain Release of Medical Records. Filed by All Plaintiffs. (Sugerman, David)
June 26, 2020 Opinion or Order Filing 111 Second Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, Micah Rhodes, Gary Nulph, Theron Hall, David Hart, State of Oregon against All Defendants. (Sugerman, David)
June 17, 2020 Opinion or Order Filing 110 SCHEDULING ORDER: Adopting the parties' proposed case management schedule (e-mailed on 6/12/2020). Plaintiffs' Second Amended Complaint is due 6/26/2020. Plaintiffs' unopposed motion for disclosure of COVID-19-positive AIC's medical records due by 6/26/2020. Defendants' Partial Motion for Summary Judgment on Damages based on Qualified Immunity due by 8/3/2020. Plaintiffs' motion for class certification due by 3/1/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
June 3, 2020 Opinion or Order Filing 109 Answer to #81 Amended Complaint with Jury Demand . Filed by Mike Gower, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward. (White, Tracy)
June 1, 2020 Opinion or Order Filing 108 OPINION AND ORDER: For the reasons stated, the Court DENIES Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #14 ). IT IS SO ORDERED. Signed on 6/1/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 29, 2020 Opinion or Order Filing 107 MINUTES of Proceedings: Hearing Held regarding Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #14 ) before Magistrate Judge Stacie F. Beckerman on 5/29/2020. Witnesses sworn and examined for Plaintiffs: Dr. Mark Baskerville (by video), Dr. Marc F. Stern (by video), Plaintiff David Hurbert Hart (by telephone from Oregon State Penitentiary), and Steven Michael Stroud (by telephone from Columbia River Correctional Institution). Witness sworn and examined for the defense: Dr. Daniel H. Dewsnup (by video). The motion is argued and taken under advisement as of 5/29/2020. The Court will issue a formal Opinion and Order by 5:00 PM on 6/1/2020. Juan C. Chavez and David F. Sugerman (by video), and Alexander Meggitt, Brittney Plesser and Franz H. Bruggemeier (by telephone) present as counsel for plaintiffs. Andrew D. Hallman and Tracy Ickes White present as counsel for defendants (by video). Court Reporter: Bonita Shumway, (503) 326-8188. Magistrate Judge Stacie F. Beckerman presiding. (gw)
May 26, 2020 Opinion or Order Filing 100 Declaration of Kevin McCormack . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 99 Supplemental Declaration of David Hart . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 98 Declaration of Tracy Walls . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 97 Declaration of Robert Horner . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 96 Declaration of Richard Curtis . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 95 Declaration of Mallory Seck . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 94 Declaration of Jose Sanchez Astorga . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 93 Declaration of George Gardea . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 92 Declaration of Brandon Plunk . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 91 Declaration of Dr. Mark Baskerville . Filed by All Plaintiffs. (Related document(s): Reply to Motion #90 .) (Chavez, Juan)
May 26, 2020 Opinion or Order Filing 90 Reply to Defendants' Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction #14 oral argument requested. Filed by All Plaintiffs. (Chavez, Juan)
May 22, 2020 Opinion or Order Filing 89 Declaration of Jacob Humphrey In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (Attachments: #1 Exhibit 1-4) (White, Tracy)
May 22, 2020 Opinion or Order Filing 88 Declaration of Brandon Kelly In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (White, Tracy)
May 22, 2020 Opinion or Order Filing 87 Declaration of Joe Bugher In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (White, Tracy)
May 22, 2020 Opinion or Order Filing 86 Declaration of Ken Jeske In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (Attachments: #1 Attachment 1-3) (White, Tracy)
May 22, 2020 Opinion or Order Filing 85 Declaration of Garry Russell In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (Attachments: #1 Exhibit 1 - 7) (White, Tracy)
May 22, 2020 Opinion or Order Filing 84 Declaration of Dr. Daniel Dewsnup In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (Attachments: #1 Exhibit 1 of 1) (White, Tracy)
May 22, 2020 Opinion or Order Filing 83 Declaration of Heidi Steward In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion #82 .) (Attachments: #1 Exhibit 1 - 11) (White, Tracy)
May 22, 2020 Opinion or Order Filing 82 Response to Motion for Temporary Restraining Order and Preliminary Injunction #14 . Filed by Kate Brown, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Heidi Steward. (White, Tracy)
May 20, 2020 Opinion or Order Filing 81 Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, Micah Rhodes, Gary Nulph, Theron Hall, David Hart against All Defendants. (Chavez, Juan)
May 20, 2020 Opinion or Order Filing 80 ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Amended Complaint (ECF No. #76 ). Plaintiffs shall promptly file the Amended Complaint. Ordered on 5/20/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 20, 2020 Opinion or Order Filing 79 Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Haile, Benjamin)
May 19, 2020 Opinion or Order Filing 78 Declaration of Althea Seloover . Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition #76 .) (Chavez, Juan)
May 19, 2020 Opinion or Order Filing 77 Exhibits re Motion for Leave to File Amended Complaint/Petition #76 . Filed by All Plaintiffs. (Chavez, Juan)
May 19, 2020 Opinion or Order Filing 76 Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Chavez, Juan)
May 19, 2020 Opinion or Order Filing 75 Amended Answer to #1 Complaint, . Filed by Mike Gower, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward. (White, Tracy)
May 15, 2020 Opinion or Order Filing 74 Amicus Brief of Public Health Rights Experts. Filed by Robert Cohen, Joseph Goldenson, Michael Puisis. (Asai, Kristin)
May 15, 2020 Opinion or Order Filing 73 ORDER: Granting Darren W. Johnson's Motion for Leave to Appear Pro Hac Vice (ECF No. #69 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 15, 2020 Opinion or Order Filing 72 ORDER: Granting Roberto Finzi's Motion for Leave to Appear Pro Hac Vice (ECF No. #68 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 15, 2020 Opinion or Order Filing 71 ORDER: Granting Joseph J. Bial's Motion for Leave to Appear Pro Hac Vice (ECF No. #67 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 15, 2020 Opinion or Order Filing 70 ORDER: Granting Unopposed Motion by Robert Cohen, Joseph Goldenson, and Michael Puisis to Appear as Amicus Curiae (ECF No. #66 ). The parties shall promptly file the "Brief of Amici Curiae Public Health Rights Experts" that is attached to the motion as Exhibit A. Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 15, 2020 Opinion or Order Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Darren W. Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698620 #69 . Pro Hac Vice admission requested by attorney Roberto Finzi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698518 #68 . Pro Hac Vice admission requested by attorney Joseph J. Bial. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698371 #67 : Reviewed and Ready for Ruling. (ck)
May 14, 2020 Opinion or Order Filing 69 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Darren W. Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698620. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Asai, Kristin)
May 14, 2020 Opinion or Order Filing 68 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Roberto Finzi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698518. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Finzi, Roberto)
May 14, 2020 Opinion or Order Filing 67 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joseph J. Bial. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698371. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Bial, Joseph)
May 13, 2020 Opinion or Order Filing 66 Motion to Appear as Amicus Curiae . Filed by Robert Cohen, Joseph Goldenson, Michael Puisis. (Attachments: #1 Exhibit A) (Asai, Kristin)
May 13, 2020 Opinion or Order Filing 65 ORDER: Granting Plaintiffs' Unopposed Motion for Leave to Exceed Length Limit for Plaintiffs' Memorandum in Support of Motion for Temporary Restraining Order (ECF No. #64 ). Ordered on 5/13/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
May 12, 2020 Opinion or Order Filing 64 Motion for Leave to Exceed Word Count Limit. Filed by All Plaintiffs. (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 63 Supplemental Declaration of Hart . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 62 Declaration of Houff . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 61 Declaration of Lee . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 60 Declaration of Hall . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 59 Declaration of Richardson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 58 Declaration of Jamison . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 57 Declaration of Meeks . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 56 Declaration of Floro . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 55 Declaration of Cantrell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 54 Declaration of Smith . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 53 Declaration of Prosch . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 52 Declaration of Loreman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 51 Declaration of Kirk . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 50 Declaration of Hoag . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 49 Declaration of Adams . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 48 Declaration of Lupoli . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 47 Declaration of Weis . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 46 Declaration of Taylor . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 45 Declaration of Garrett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 44 Declaration of Rhodes . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 43 Declaration of Maddox . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 42 Declaration of Gillespie . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 41 Declaration of Polanco . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 40 Declaration of Sanchez . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 39 Declaration of Benson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 38 Declaration of McCormack . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 37 Declaration of Crockett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 36 Declaration of Fereira . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 35 Declaration of Hedrick . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 34 Declaration of Brown . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 33 Declaration of Preston II . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 32 Declaration of Patterson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 31 Declaration of Maner . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 30 Declaration of Strock . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 29 Declaration of Pritchett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 28 Declaration of Frankie White . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 27 Declaration of Weaver . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 26 Declaration of Larson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 25 Declaration of Hart . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 24 Declaration of White . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 23 Declaration of Nielsen . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 22 Declaration of Constatin . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 21 Declaration of Mitchell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 20 Declaration of Borba . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 19 Declaration of Delicino . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 18 Declaration of Parnell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 17 Declaration of Schwartz, PH.D. . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 16 Declaration of Marc Stern, M.D., M.P.H., F.A.C.P. . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 15 Declaration of Seloover . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #14 .) (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 14 Motion for Temporary Restraining Order and Preliminary Injunction. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Chavez, Juan)
May 12, 2020 Opinion or Order Filing 13 MINUTES of Proceedings: Rule 16 Conference held before Magistrate Judge Stacie F. Beckerman by telephone on 5/12/2020. ORDER SETTING the following case management schedule: Defendants' Response to Plaintiffs' forthcoming Motion for Temporary Restraining Order and Motion for Preliminary Injunction will be due by 5/22/2020. Plaintiffs' Reply due by 5/26/2020. Oral Argument is set for Friday, 5/29/2020, at 09:30 AM in Portland by videoconference and teleconference (instructions will be e-mailed to the parties) before Magistrate Judge Stacie F. Beckerman. Juan C. Chavez, Franz H. Bruggemeier and David F. Sugerman present as counsel for plaintiffs. Andrew D. Hallman, Tracy Ickes White and Yufeng Luo present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw)
May 12, 2020 Opinion or Order Filing 12 Full Consent by all Parties to Jurisdiction by U.S. Magistrate Judge. (gw)
May 12, 2020 Opinion or Order Filing 11 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
May 5, 2020 Opinion or Order Filing 10 SCHEDULING ORDER: Setting a Rule 16 Conference for Tuesday, 5/12/2020, at 2:00 PM by telephone. The parties shall call into the court's conference line (phone number to be provided via separate sealed entry) five minutes before the scheduled conference time. The court will join the conference call at the appointed time. Local Rules 16-2(b) and 26-1 require that counsel confer before the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If the parties plan to present a proposed schedule, they should e-mail the schedule to giselle_williams@ord.uscourts.gov, by noon the day before the conference. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
May 1, 2020 Opinion or Order Filing 9 Answer to #1 Complaint, . Filed by Mike Gower, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Rob Persson, Heidi Steward. (White, Tracy)
April 28, 2020 Opinion or Order Filing 106 MINUTES of Proceedings: Settlement Conference. Case does not settle. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
April 27, 2020 Opinion or Order Filing 105 MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/28/2020 at 04:00PM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
April 22, 2020 Opinion or Order Filing 104 MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/27/2020 at 01:00PM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
April 16, 2020 Opinion or Order Filing 103 MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/22/2020 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
April 14, 2020 Opinion or Order Filing 8 STIPULATED PROTECTIVE ORDER. Signed on 4/14/2020 by Magistrate Judge Stacie F. Beckerman. (pvh)
April 14, 2020 Opinion or Order Filing 7 Stipulated Motion for Protective Order . Filed by All Defendants. (White, Tracy)
April 13, 2020 Opinion or Order Filing 102 MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/16/2020 at 09:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
April 10, 2020 Opinion or Order Filing 6 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
April 10, 2020 Opinion or Order Filing 5 Notice of Association of Attorney Tracy Ickes White,Andrew D. Hallman,Yufeng Luo for Mike Gower,Andrew D. Hallman,Yufeng Luo for Colette Peters,Andrew D. Hallman,Yufeng Luo for Mark Nooth,Andrew D. Hallman,Yufeng Luo for Ken Jeske,Andrew D. Hallman,Yufeng Luo for Kate Brown,Andrew D. Hallman,Yufeng Luo for Rob Persson,Andrew D. Hallman,Yufeng Luo for Heidi Steward. Filed by All Defendants. (White, Tracy)
April 10, 2020 Opinion or Order Filing 4 Notice of Representation and Acceptance of Service Filed by All Defendants. (White, Tracy)
April 9, 2020 Opinion or Order Filing 3 Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/7/2020. Joint Alternate Dispute Resolution Report is due by 9/8/2020. Pretrial Order is due by 9/8/2020. Ordered by Magistrate Judge Stacie F. Beckerman. (bd)
April 8, 2020 Opinion or Order Filing 101 MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/13/2020 at 09:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) Modified to correct attorney name on 5/29/2020 (NEF regenerated) (jk).
April 7, 2020 Opinion or Order Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (bd)
April 6, 2020 Opinion or Order Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6501660 Jury Trial Requested: No. Filed by Micah Rhodes, Gary Nulph, Sheryl Lynn Sublet, Gary Clift, Theron Hall, Paul Maney, David Hart against All Defendants (Attachments: #1 Civil Cover Sheet). (Chavez, Juan)

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Search for this case: Maney et al v. Brown et al
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Plaintiff: Paul Maney
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: Theron Hall
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: Sheryl Lynn Sublet
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: Gary Clift
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: David Hart
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: Micah Rhodes
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
Represented By: Nadia H. Dahab
Represented By: Sarah Ruth Osborn
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Plaintiff: Gary Nulph
Represented By: Benjamin Wright Haile
Represented By: Juan C. Chavez
Represented By: Franz H. Bruggemeier
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Alexander Meggitt
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Plaintiff: George Nulph
Represented By: Nadia H. Dahab
Represented By: Alexander Meggitt
Represented By: Benjamin Wright Haile
Represented By: Brittney Plesser
Represented By: David F. Sugerman
Represented By: Franz H. Bruggemeier
Represented By: Juan C. Chavez
Represented By: Sarah Ruth Osborn
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Plaintiff: Felishia Ramirez
Represented By: Nadia H. Dahab
Represented By: Benjamin Wright Haile
Represented By: Sarah Ruth Osborn
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Defendant: Mark Nooth
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Colette Peters
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Rob Persson
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Chad A. Naso
Represented By: Anna Marie Joyce
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Ken Jeske
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Kate Brown
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Denise G. Fjordbeck
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Mike Gower
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Heidi Steward
Represented By: Andrew D. Hallman
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: State of Oregon
Represented By: Jermaine Brown
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Andrew D. Hallman
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Tracy Ickes White
Represented By: Yufeng Luo
Represented By: Anit K. Jindal
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Defendant: Patrick Allen
Represented By: Jermaine Brown
Represented By: Jonathan W. Monson
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: Nicole A.W. Abercrombie
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Tracy Ickes White
Represented By: Kelsie Gene Crippen
Represented By: Anit K. Jindal
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Defendant: Joe Bugher
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Tracy Ickes White
Represented By: Anit K. Jindal
Represented By: Jermaine Brown
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Defendant: Garry Russell
Represented By: Kerry J. Shepherd
Represented By: Molly K. Honore
Represented By: R. Kyle Busse
Represented By: Anna Marie Joyce
Represented By: Chad A. Naso
Represented By: Kelsie Gene Crippen
Represented By: Tracy Ickes White
Represented By: Anit K. Jindal
Represented By: Jermaine Brown
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Amicus curiae: D.O. Michael Puisis
Represented By: Kristin M. Asai
Represented By: Joseph Bial
Represented By: Darren W. Johnson
Represented By: Shannon L. Armstrong
Represented By: Roberto Finzi
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Amicus curiae: M.D. Robert Cohen
Represented By: Joseph Bial
Represented By: Roberto Finzi
Represented By: Darren W. Johnson
Represented By: Kristin M. Asai
Represented By: Shannon L. Armstrong
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Amicus curiae: M.D. Joseph Goldenson
Represented By: Kristin M. Asai
Represented By: Joseph Bial
Represented By: Darren W. Johnson
Represented By: Shannon L. Armstrong
Represented By: Roberto Finzi
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Interested party: Leroy Lamont Wells
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Interested party: Samuel Buchanan
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Petitioner: Bobbin Singh
Represented By: Jesse A. Merrithew
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