Oregon Federation of Nurses and Health Professionals v. Kaiser Foundation Health Plan of the Northwest
| Oregon Federation of Nurses and Health Professionals |
| Kaiser Foundation Health Plan of the Northwest |
| 3:2013cv01953 |
| November 4, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2015. A more recent docket listing may be available from PACER.
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Filing 69
ORDER OF DISMISSAL: Based on the parties' Stipulated Notice of Dismissal #68 , it is Ordered that this action is Dismissed with prejudice and without costs or fees to either party. Pending motions, if any, are Denied as Moot. Signed on 9/14/15 by Magistrate Judge Paul Papak. (gm)
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| Filing 68 Stipulated Notice of Voluntary Dismissal Filed by Oregon Federation of Nurses and Health Professionals (Nevill, Francie) |
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Filing 67
Order by Judge Michael H. Simon. The parties joint status report (Dkt. #64 ) states: The parties agree that all issues in this case have been resolved. Plaintiff, however, argues that a judgment of dismissal is not proper because, Plaintiff does not agree to voluntary dismissal of the action and there are no grounds for involuntary dismissal. (Dkt. #65 ). In light of the parties joint statement that all issues in this case have been resolved, not later than September 4, 2015, Plaintiff shall explain why this case should not be dismissed for want of case or controversy. Defendant may respond to Plaintiff's explanation not later than September 11, 2015. (bb)
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| Filing 66 Response in Opposition to Motion for Judgment #65 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 65 Motion for Judgment . Filed by Oregon Federation of Nurses and Health Professionals. (Nevill, Francie) |
| Filing 64 Joint Status Report . Filed by Oregon Federation of Nurses and Health Professionals. (Nevill, Francie) |
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Filing 63
ORDER issued by Magistrate Judge Paul Papak: As this case is Stayed, the parties shall file a formal Joint Status Report upon completion of the arbitration or by 6/23/2015, if the arbitration is not completed at that point. (gm)
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Filing 62
ORDER - The Parties' Joint Motion for Stay Pending Arbitration #61 is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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| Filing 61 Joint Motion for Stay Pending Arbitration. Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
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Filing 60
Opinion and Order - The Court ADOPTS Judge Papak's Findings and Recommendation (Dkt. #46 ) that the October 4, 2013 award was ambiguous and that Plaintiff was not entitled to attorney fees. The Court further ORDERS that Defendant comply with the Arbitrator's October 4, 2013; October 25, 2013; April 23, 2014; and November 12, 2014 awards. The Court awards damages to Elizabeth Osborn for lost overtime pay in an amount to be determined by the Arbitrator. Signed 1/5/2015 by Judge Michael H. Simon. (mja)
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| Filing 59 MINUTES of Oral Argument Hearing: Order - Defendant's Motion for Summary Judgment #24 , and Plaintiff's Motion for Summary Judgment #26 are taken under advisement this date. Katherine A. Highet present as counsel for plaintiff(s). Todd A. Hanchett present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 58 Supplement - Supplemental Briefing in Support of Magistrate's Findings & Recommendations. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Findings & Recommendation,,,, #46 , Motion for Summary Judgment #24 .) (Hanchett, Todd) |
| Filing 57 Supplement . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit Arbitrator Award on Remand) (Highet, Catherine) |
| Filing 56 MINUTES of Telephone Conference: Status of case discussed as stated on the record. Catherine A. Highet and Francie J. Nevill present as counsel for plaintiff(s). Laura E. Rosenbaum present as counsel for defendant(s). Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (mja) |
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Filing 55
Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Conference to discuss the case schedule for 10/8/2014 at 02:00PM. The Court will provide the parties with a call-in number by separate email. Ordered by Judge Michael H. Simon. (mja)
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Filing 54
Scheduling Order by Judge Michael H. Simon. Order - Setting Oral Argument on the pending motions #24 & #26 and Findings and Recommendation of Magistrate Paul Papak for 11/24/2014 at 11:00AM in Portland, Courtroom 13B, Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) Modified on 10/7/2014 correct Judge holding hearing (mja).
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| Filing 53 Response to Objections to Findings & Recommendation. Related document(s): #50 Objections to Findings & Recommendation,. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 52
ORDER - Granting Defendant Defendant's Motion for Extension of Time to File a Response to Objection to F & R #51 . Responses to any objections to the Findings and Recommendation are due by 9/26/2014. Ordered by Judge Michael H. Simon. (mja)
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| Filing 51 Unopposed Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion for Summary Judgment and Memorandum in Support #24 , Motion for Summary Judgment #26 should be granted/denied #46 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 50 Objections to Findings & Recommendation: Motion for Summary Judgment and Memorandum in Support #24 , Motion for Summary Judgment #26 should be granted/denied #46 Oral Argument requested. Filed by All Plaintiffs. (Highet, Catherine) |
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Filing 49
ORDER - Granting Plaintiff's Motion for Extension of Time to File Objection to F & R #48 . Objections to the Findings and Recommendation are due by 9/4/2014. Ordered by Judge Michael H. Simon. (mja)
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| Filing 48 Motion for Extension of Time to File an Objection to #46 . Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
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Filing 47
ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation #46 is referred to Judge Michael H. Simon for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm)
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| Filing 46 Findings & Recommendation: Kaiser's Motion for Summary Judgment #24 and the Union's Cross-Motion for Summary Judgment #26 should be granted in part and denied in part. Kaiser's motion for summary judgment should be granted insofar as it alternatively requests that the court find the Arbitrator's award to be ambiguous and requests that the court deny the Union's request for attorney fees. The Union's cross-motion for summary judgment should be granted insofar as it alternatively requests that the court find the Arbitrator's award to be ambiguous and remand the matter to the Arbitrator for clarification. Accordingly, this case should be stayed while the matter is remanded to the Arbitrator for clarification on the sole issue of whether the Arbitrator intended his reinstatement award to preclude Kaiser from pursuing disciplinary action based on the Patient #4 allegations. Signed on 8/14/14 by Magistrate Judge Paul Papak. (gm) |
| Filing 45 MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 8/12/14. Order: Defendant's Motion for Summary Judgment #24 and Plaintiff's Motion for Summary Judgment #26 are taken under advisement as of 8/12/2014. Catherine Highet present as counsel for plaintiff(s). Todd Hanchett present as counsel for defendant(s). (gm) |
| Filing 44 Declaration of Sharon Culley . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Response in Opposition to Motion #42 .) (Attachments: #1 Exhibit Amended Grievance and Emails, #2 Exhibit Employer Response to Amended Grievance, #3 Exhibit Further Amended Grievance Proceedings) (Highet, Catherine) |
| Filing 43 Declaration of Catherine Highet . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Response in Opposition to Motion #42 .) (Attachments: #1 Exhibit Excerpts from Union's Arbitration Briefing for Remedies) (Highet, Catherine) |
| Filing 42 Response in Opposition to Motion for Summary Judgment and Memorandum in Support #24 Oral Argument requested. Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
| Filing 41 Response to Motion for Summary Judgment #26 . Filed by Kaiser Foundation Health Plan of the Northwest. (Hanchett, Todd) |
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Filing 38
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's unopposed Second Motion to File Exhibits #1 & 2 to the Supplemental Declaration of Catherine Highet ( #35 ) Under Seal #37 . (gm)
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| Filing 37 Second Motion to File Documents Under Seal. Filed by Oregon Federation of Nurses and Health Professionals. (gm) |
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Filing 36
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's unopposed Motion to Unseal Exhibits #3, 5, 6 and 15 to the Declaration of Catherine Highet ( #27 ) #34 . (gm)
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| Filing 35 Supplemental Declaration of Catherine Highet . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit Placeholder: Union's Arbitration Exhibits, #2 Exhibit Placeholder: Employer's Arbitration Exhibits) (Highet, Catherine) |
| Filing 34 Motion to Unseal a Document Motion for Protective Order #30 . Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
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Filing 33
ORDER issued by Magistrate Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment #24 and Plaintiff's Motion for Summary Judgment #26 from 8/20/2014 at 10:00AM to the Oral Argument Calendar of 8/12/2014 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm)
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Filing 32
ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for Summary Judgment #24 and Plaintiff's Motion for Summary Judgment #26 on the Oral Argument Calendar of 8/20/2014 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm)
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Filing 31
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's unopposed Motion to File Exhibits #3, 5, 6 and 15 to the Declaration of Catherine Highet ( #27 ) Under Seal #30 . (gm)
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| Filing 30 Motion for Protective Order . Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
| Filing 29 Declaration of Chris Knudtsen . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit Transcript of TPO Hearing) (Highet, Catherine) |
| Filing 28 Declaration of Sharon Culley . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit National Agreement, #2 Exhibit Local CBA, #3 Exhibit Corrective Action Toolkit, #4 Exhibit Emails re Reinstatement, #5 Exhibit Administrative Leave Letter, #6 Exhibit Last Chance Decision, #7 Exhibit Emails re Joint Discovery Process) (Highet, Catherine) |
| Filing 27 Declaration of Catherine Highet . Filed by Oregon Federation of Nurses and Health Professionals. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit Just Cause Award, #2 Exhibit Reinstatement Award, #3 Exhibit Remedy Award, #4 Exhibit Transcript Excerpts, #5 Exhibit Union Briefing, #6 Exhibit Employer Briefing, #7 Exhibit Arbitrator Email re Briefing Schedule, #8 Exhibit Ex Parte TPO, #9 Exhibit Emails re Motion to Reopen, #10 Exhibit Employer Motion to Reopen, #11 Exhibit Arbitrator Ruling re Mtn to Reopen, #12 Exhibit Emails re Calculation of Remedy, #13 Exhibit Emails re Evidence Precluding Reinstatement, #14 Exhibit First Emails re Administrative Leave, #15 Exhibit Second Emails re Administrative Leave, #16 Exhibit Emails re Next Phases in Briefing, #17 Exhibit Arbitrators Ruling on Briefing Schedule, #18 Exhibit Back Pay Award, #19 Exhibit Proposed Questions for Arbitrator) (Highet, Catherine) |
| Filing 26 Motion for Summary Judgment . Oral Argument requested. Filed by Oregon Federation of Nurses and Health Professionals. (Attachments: #1 Appendix 1, #2 Appendix 2) (Highet, Catherine) |
| Filing 25 Declaration of Beverly A. Stuart . Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #24 .) (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) (Hanchett, Todd) |
| Filing 24 Motion for Summary Judgment and Memorandum in Support. Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Hanchett, Todd) |
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Filing 23
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Leave for the Parties to File Over-Length Briefs in Support of Their Motions for Summary Judgment #22 . (gm)
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| Filing 22 Motion for Leave to File Overlength Brief. Filed by Oregon Federation of Nurses and Health Professionals. (Nevill, Francie) |
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Filing 21
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time #20 as follows: Cross-motions for summary judgment due by 7/3/2014. Responses to cross-motions due by 7/25/2014. (gm)
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| Filing 20 Unopposed Motion for Extension of Time . Filed by Oregon Federation of Nurses and Health Professionals. (Nevill, Francie) |
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Filing 19
ORDER issued by Magistrate Judge Paul Papak: Setting the following deadlines: Simultaneous Cross-motions for summary judgment due by 6/27/2014. Responses to motions for summary judgment due by 7/18/2014. Order: Defendant has advised the Court that it does not wish to seek a stay in this case, therefore, the Court Strikes the telephonic hearing of 5/21/2014 at 1:30PM. (gm)
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| Filing 18 MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 5/5/14. Order Setting the following deadlines: Defendant's motion to stay case due by 5/12/2014. Plaintiff's response to motion to stay case due by 5/19/2014. Telephonic Oral Argument on the motion to stay case, once filed, will be set for 5/21/2014 at 1:30PM in Chambers. Order: The parties are to confer and submit a proposed dispositive motion briefing schedule to the court no later than 5/9/2014. Catherine Highet present as counsel for plaintiff(s). Todd Hanchett; Beverly Stuart present as counsel for defendant(s). Court Reporter: (None). (gm) |
| Filing 17 MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 4/28/14. Order: Setting a further Telephone Conference for 5/5/2014 at 10:00AM in Chambers. The Court will initiate the call to counsel. Catherine Highet present as counsel for plaintiff(s). Todd Hanchett present as counsel for defendant(s). Court Reporter: (None). (gm) |
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Filing 16
ORDER issued by Magistrate Judge Paul Papak: The Rule 16 Conference of 4/28/2014 at 1:30PM is converted into a Telephone Conference. The Court will initiate the call to counsel. (gm)
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Filing 15
ORDER issued by Magistrate Judge Paul Papak: Setting a further (in-person) Rule 16 Conference for 4/28/2014 at 1:30PM in Chambers. Local Rules 16-2(b) and 26-1 require that counsel confer prior to 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 consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
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Filing 14
ORDER DESIGNATING CASE FOR MEDIATION: In accordance with LR 16-4, this case is referred to the Staff Mediator for mediation. Parties should refer to the webpage at ord.uscourts.gov/index.php/attorneys/adr/district-adr-program for more information. Signed on 2/10/14 by Magistrate Judge Paul Papak. (gm)
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| Filing 13 MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Rule 16 Conference held 2/10/14. The parties advise the Court that they are interested in pursuing mediation using Staff Mediator Sue Leeson. Order: Staying the present case schedule pending mediation. A further Telephonic Rule 16 Conference will be scheduled if mediation is unsuccessful. Catherine Highet present as counsel for plaintiff(s). Laura Rosenbaum present as counsel for defendant(s). Court Reporter: (None). (gm) |
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Filing 12
ORDER issued by Magistrate Judge Paul Papak: Rule 16 Conference set for 2/10/2014 at 10:00AM in Chambers. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to 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 consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
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| Filing 11 Corporate Disclosure Statement . Filed by Kaiser Foundation Health Plan of the Northwest. (Hanchett, Todd) |
| Filing 10 Answer to #1 Complaint,, and Affirmative Defenses. Filed by Kaiser Foundation Health Plan of the Northwest. (Hanchett, Todd) |
| Filing 9 Notice of Appearance of Francie J. Nevill appearing on behalf of Oregon Federation of Nurses and Health Professionals Filed by on behalf of Oregon Federation of Nurses and Health Professionals (Nevill, Francie) |
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Filing 8
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's Unopposed Motion for Extension of Time #7 as follows: Answer deadline reset to 1/24/2014 for Defendant Kaiser Foundation Health Plan of the Northwest. (gm)
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| Filing 7 Unopposed Motion for Extension of Time to Answer (to Appear) Complaint,, #1 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 6 Summons Returned Executed. as to Kaiser Foundation Health Plan of the Northwest served on 12/20/2013, answer due on 1/10/2014 Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
| Filing 5 Summons Issued Electronically as to Kaiser Foundation Health Plan of the Northwest. 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. (cib) |
| Filing 4 Proposed Summons Filed by Oregon Federation of Nurses and Health Professionals. (Highet, Catherine) |
| Filing 3 Notice of Case Reassignment: This case has been reassigned from Judge Ancer L. Haggerty to Magistrate Judge Paul Papak. (eo) |
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Filing 2
Notice of Case Assignment to Judge Ancer L. Haggerty 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 3/4/2014. Joint Alternate Dispute Resolution Report is due by 4/3/2014. Pretrial Order is due by 4/3/2014. Ordered by Judge Ancer L. Haggerty. (cib)
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| Filing 1 Complaint. Demand for a Jury Trial Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3477906 Jury Trial Requested: Yes. Filed by Oregon Federation of Nurses and Health Professionals against Kaiser Foundation Health Plan of the Northwest (Attachments: #1 Exhibit Local CBA, #2 Exhibit National Agreement, #3 Exhibit Corrective Action Toolkit, #4 Exhibit Arbitration Award, #5 Exhibit Email Exchange, #6 Exhibit Supplemental Arbitration Award). (Highet, Catherine) (Additional attachment(s) added on 11/6/2013: #7 Civil Cover Sheet) (cib). |
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| Defendant: Kaiser Foundation Health Plan of the Northwest | |
| Represented By: | Laura E. Rosenbaum |
| Represented By: | Todd A. Hanchett |
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| Plaintiff: Oregon Federation of Nurses and Health Professionals | |
| Represented By: | Francie J. Nevill |
| Represented By: | Catherine A. Highet |
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