Bistrika v. Salem/Keizer School District et al
| Lidia G. Bistrika |
| Salem/Keizer School District and Cannon Cochran Management Services, Inc. |
| 3:2012cv02246 |
| December 13, 2012 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
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Filing
35
ORDER - The Court ADOPTS Judge Papak's Findings and Recommendation 23 as modified herein. Plaintiff's Motion for Appointment of Pro Bono Counsel 3 is GRANTED and the Court shall appoint pro bono counsel for all purposes. Separ ate order to follow. Plaintiff's Complaint is construed as alleging: (1) violations of Oregon's worker compensation law; (2) a claim under 42 U.S.C. § 1983 for violations of procedural due process; and (3) negligence in violation of Or egon common law. Defendant's Motion to Dismiss 16 is DENIED in part and STAYED in part. Defendant's motion to dismiss Plaintiff's claims for wrongful denial of worker's compensation benefits under Oregon law is construed as a mo tion for partial summary judgment and stayed for 30 days, after which time Magistrate Judge Papak shall hold a scheduling conference to establish the case schedule going forward. All remaining motions to dismiss by Defendants are DENIED. Plaintiff� 39;s claim for common law negligence is DISMISSED sua sponte by the Court, with leave to replead the claim should Plaintiff believe she can cure the deficiencies identified in the Findings and Recommendation. Signed on 7/31/2013 by Judge Michael H. Simon. (mja)
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