McClellan et al v. Providence Health & Services
| Debra Mcclellan, Elizabeth Jean Brady, Rebecca Major, Anthony Omer, Lashante Taylor and Lisa Ebner |
| Providence Health & Services |
| 3:2026cv00540 |
| March 20, 2026 |
| U.S. District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2026. A more recent docket listing may be available from PACER.
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Filing 45
ORDER by Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #44 requested by attorney Rachel Berger. (bd)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rachel Berger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10410008 #44 : Reviewed and Ready for Ruling. (dino) |
| Filing 44 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rachel Berger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10410008. Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Berger, Rachel) |
| Filing 43 Reply in Support of Request for Judicial Notice.(Related document(s): Request for Judicial Notice #33 , Response in Opposition to Motion, #40 .) Filed by Providence Health & Services. (Schwartz, David) |
| Filing 42 Reply in Support of Motion to Dismiss Amended Complaint.(Related document(s): Memorandum in Opposition #39 , Motion to Dismiss for Failure to State a Claim #32 .) Filed by Providence Health & Services. (Schwartz, David) |
| Filing 41 Notice of Supplemental Authority re Memorandum in Opposition #39 Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Attachments: #1 Exhibit 1-Supplemental Authority) (Schlichter, Andrew) |
| Filing 40 Response in Opposition to Request for Judicial Notice Motion to Dismiss for Failure to State a Claim #32 #33 . Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Schlichter, Andrew) |
| Filing 39 Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim #32 . Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Schlichter, Andrew) |
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Filing 38
ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #37 . Plaintiffs' Response is due by 7/17/2026. Defendant's Reply is due by 8/7/2026. (bd)
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| Filing 37 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #32 . Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Schlichter, Andrew) |
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Filing 36
Case Management Order signed on 06/29/2026 by Judge Mustafa T. Kasubhai. (bd)
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| Filing 35 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jeff Armistead to Judge Mustafa T. Kasubhai. (cw) |
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Filing 34
SCHEDULING ORDER: Motion to Dismiss for Failure to State a Claim #32 and Request for Judicial Notice #33 are taken under advisement as of 8/3/2026. Requests for oral argument will be considered in due course. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 33 Request for Judicial Notice Motion to Dismiss for Failure to State a Claim #32 . Oral Argument requested. Filed by Providence Health & Services. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ross, Jason) |
| Filing 32 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Providence Health & Services. (Ross, Jason) |
| Filing 31 MINUTES of Proceedings: Rule 16 Conference held on 6/16/2026 by telephone with Magistrate Judge Jeff Armistead presiding. The court adopts the parties' proposed deadlines as follows: (1) Response to the Amended Complaint is extended to 6/22/2026. (2) Initial Disclosures are due by 7/17/2026 (3) Fact Discovery is to be completed by 3/19/2027. (4) Initial Expert Disclosures are due by 4/16/2027. (5) Rebuttal Expert Disclosures are due by 5/14/2027. (6) Expert Discovery Motions are to be filed by 6/11/2027. (7) Expert Discovery to be completed by 7/9/2027. (8) Dispositive Motions are due by 8/6/2027. (9) Joint Alternate Dispute Resolution Report is due by 8/20/2027. The parties are advised that Judge Armistead's practice is to resolve discovery matters informally. If the parties have a discovery dispute, they must request a conference with Judge Armistead before moving for an order relating to discovery. To request a conference or Judge Armistead's assistance, the parties should contact Judge Armistead's Courtroom Deputy at [email protected]. If needed, Judge Armistead will schedule a telephonic hearing and require the parties to summarize the dispute in a joint statement. If the parties anticipate that they will need Judge Armistead's assistance in resolving a deposition dispute, they should contact Judge Armistead's Courtroom Deputy to advise her of the upcoming deposition date and time.If a party uses artificial intelligence to perform legal research or analysis for any document filed with the court, the party must independently verify the existence and accuracy of any cited cases. Paul S. Bovarnick, Alexander Braitberg present as counsel for plaintiffs. Daniel Raymond present as counsel for defendant. (pjg) |
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Filing 30
ORDER: In light of the filing of an Amended Complaint, Request for Judicial Notice #17 is terminated as moot. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 29 NOTICE BY THE CLERK: Pursuant to Standing Order 20252, the thirty days for any party wishing to decline the jurisdiction of the Magistrate Judge to file a declination of consent has passed and declination(s) have been filed. The record will confirm the Magistrate Judge will remain responsible for all case management and scheduling activities and will consider dispositive motions by issuing Findings and Recommendations, which will be referred to a district judge for final ruling. After the district judge has issued final ruling on all dispositive motions, the case will be reassigned to the district judge for trial. Pursuant to LR 72, the assigned Magistrate Judge is authorized to conduct all pretrial proceedings contemplated by 28 U.S.C. 636(b) and Fed. R. Civ. P. 72 without further designation of the Court. Any declining party may change their position on consent by filing the Consent to Jurisdiction by a Magistrate Judge form at any point during the proceedings up until the final disposition of the case, though the parties are strongly encouraged to consent as early as possible and preferably prior to the filing of dispositive motions. Parties who did not timely decline consent may not decline consent after the deadline for filing the declination of consent has passed. Additional information about United States Magistrate Judges in the District of Oregon is available on the Court's website. (pjg) |
| Filing 28 Declination of Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
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Filing 27
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #25 for attorney Zoe Seaman-Grant. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zoe Seaman-Grant. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10288245 #25 : Reviewed and Ready for Ruling. (dino) |
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Filing 26
ORDER: On May 8, 2026, defendant Providence Health & Services moved under Federal Rule of Procedure 12(b)(6) to dismiss named plaintiffs' complaint for failure to state a claim. (ECF #16 .) On May 29, 2026, in lieu of filing an opposition to the motion to dismiss, plaintiffs timely filed a first amended complaint (FAC). (ECF #24 .) See Fed. R. Civ. P. 15(a)(1)(B) (permitting a plaintiff to amend its pleading once as a matter of course within 21 days after service of a 12(b) motion). Accordingly, Providence's motion to dismiss is mootand must be DENIED. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) ("It is well-established in our circuit that an 'amended complaint supersedes the original, the latter being treated thereafter as non-existent.'... Consequently, the Plaintiff's Second Amended Complaint superseded the First Amended Complaint, and the First Amended Complaint ceased to exist. Because the Defendants' motion to dismiss targeted the Plaintiff's First Amended Complaint, which was no longer in effect, we conclude that the motion to dismiss should have been deemed moot....") (citations omitted).Providence must file a responsive pleading to the FAC no later than June 19, 2026. Ordered by United States Magistrate Judge Jeff Armistead. (pjg)
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| Filing 25 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zoe Seaman-Grant. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10288245. Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Seaman-Grant, Zoe) |
| Filing 24 Amended Complaint . Filed by Lisa Ebner, Anthony Omer, Debra McClellan, Rebecca Major, Elizabeth Jean Brady, LaShante Taylor against Providence Health & Services. (Schlichter, Andrew) |
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Filing 23
ORDER: Granting Motion for Extension of Time to File Response/Reply #22 . Deadline for plaintiff to respond to the Motion to Dismiss #16 is extended to 5/29/2026. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 22 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #16 . Filed by Elizabeth Jean Brady, Lisa Ebner, Rebecca Major, Debra McClellan, Anthony Omer, LaShante Taylor. (Attachments: #1 Declaration of Andrew D. Schlichter) (Schlichter, Andrew) |
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Filing 21
ORDER issued by Judge Armistead: Setting a Telephone Rule 16 Conference for Tuesday, June 16, 2026 at 11:00 AM in Portland before Magistrate Judge Jeff Armistead. The court's conference call information will be provided to the parties by separate sealed entry. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. Rule 16 Conferences are ordinarily held telephonically. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The parties should e-mail their proposed schedule to [email protected], by noon on June 15, 2026. (pjg)
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Filing 20
SCHEDULING ORDER: Motion to Dismiss for Failure to State a Claim #16 and Request for Judicial Notice #17 are taken under advisement as of 6/22/2026. Requests for oral argument will be considered in due course. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 19 Notice of Implied Consent to Jurisdiction by a Magistrate Judge and Declination of Consent Form. Parties who do not return the form by the deadline will be deemed to have knowingly and voluntarily consented to proceed before a U.S. Magistrate Judge. See Standing Order 2025-2. Declination of Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 6/11/2026. (pjg) |
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Filing 18
ORDER: Granting Motions for Leave to Appear Pro Hac Vice #12 for attorney Jami Mills Vibbert, #13 for attorney David B. Schwartz, and #14 for attorney Daniel Raymond. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel Raymond. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262206 #14 : Reviewed and Ready for Ruling. (dino) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David B. Schwartz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262202 #13 : Reviewed and Ready for Ruling. (dino) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jami Mills Vibbert. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262200 #12 : Reviewed and Ready for Ruling. (dino) |
| Filing 17 Request for Judicial Notice Motion to Dismiss for Failure to State a Claim #16 . Oral Argument requested. Filed by Providence Health & Services. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ross, Jason) |
| Filing 16 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Providence Health & Services. (Ross, Jason) |
| Filing 15 Corporate Disclosure Statement . Filed by Providence Health & Services. (Ross, Jason) |
| Filing 14 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel Raymond. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262206. Filed by Providence Health & Services. (Raymond, Daniel) |
| Filing 13 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David B. Schwartz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262202. Filed by Providence Health & Services. (Schwartz, David) |
| Filing 12 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jami Mills Vibbert. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10262200. Filed by Providence Health & Services. (Vibbert, Jami) |
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Filing 11
ORDER: Granting Motion for Extension of Time to Answer #10 . Deadline to respond to the complaint is extended to 5/8/2026. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 10 Unopposed Motion for Extension of Time to Answer Complaint, #1 . Filed by Providence Health & Services. (Ross, Jason) |
| Filing 9 Return of Service Executed as to Providence Health & Services served on 3/24/2026, answer due on 4/14/2026. (Schlichter, Andrew) |
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Filing 8
ORDER: Granting Motions for Leave to Appear Pro Hac Vice for attorneys Andrew D. Schlichter #4 , Alexander Braitberg #5 , Chen Kasher #6 , and Cort Andrew VanOstran #7 . Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cort Andrew VanOstran. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212422 #7 : Reviewed and Ready for Ruling. (dino) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Chen Kasher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212407 #6 : Reviewed and Ready for Ruling. (dino) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alexander Braitberg. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212396 #5 : Reviewed and Ready for Ruling. (dino) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew D. Schlichter. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212382 #4 : Reviewed and Ready for Ruling. (dino) |
| Filing 7 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cort Andrew VanOstran. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212422. Cort Andrew VanOstran,Cort Andrew VanOstran,Cort Andrew VanOstran for Lisa Ebner,Cort Andrew VanOstran,Cort Andrew VanOstran for Anthony Omer,Cort Andrew VanOstran,Cort Andrew VanOstran for Debra McClellan,Cort Andrew VanOstran,Cort Andrew VanOstran for Rebecca Major,Cort Andrew VanOstran,Cort Andrew VanOstran for Elizabeth Jean Brady,Cort Andrew VanOstran,Cort Andrew VanOstran for LaShante Taylor. Filed by on behalf of Lisa Ebner, Anthony Omer, Debra McClellan, Rebecca Major, Elizabeth Jean Brady, LaShante Taylor. (VanOstran, Cort) |
| Filing 6 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Chen Kasher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212407. Chen Kasher,Chen Kasher,Chen Kasher for Lisa Ebner,Chen Kasher,Chen Kasher for Anthony Omer,Chen Kasher,Chen Kasher for Debra McClellan,Chen Kasher,Chen Kasher for Rebecca Major,Chen Kasher,Chen Kasher for Elizabeth Jean Brady,Chen Kasher,Chen Kasher for LaShante Taylor. Filed by on behalf of Lisa Ebner, Anthony Omer, Debra McClellan, Rebecca Major, Elizabeth Jean Brady, LaShante Taylor. (Kasher, Chen) |
| Filing 5 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alexander Braitberg. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212396. Alexander Braitberg,Alexander Braitberg,Alexander Braitberg for Lisa Ebner,Alexander Braitberg,Alexander Braitberg for Anthony Omer,Alexander Braitberg,Alexander Braitberg for Debra McClellan,Alexander Braitberg,Alexander Braitberg for Rebecca Major,Alexander Braitberg,Alexander Braitberg for Elizabeth Jean Brady,Alexander Braitberg,Alexander Braitberg for LaShante Taylor. Filed by on behalf of Lisa Ebner, Anthony Omer, Debra McClellan, Rebecca Major, Elizabeth Jean Brady, LaShante Taylor. (Braitberg, Alexander) |
| Filing 4 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew D. Schlichter. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10212382. Andrew D. Schlichter,Andrew D. Schlichter,Andrew D. Schlichter for Lisa Ebner,Andrew D. Schlichter,Andrew D. Schlichter for Anthony Omer,Andrew D. Schlichter,Andrew D. Schlichter for Debra McClellan,Andrew D. Schlichter,Andrew D. Schlichter for Rebecca Major,Andrew D. Schlichter,Andrew D. Schlichter for Elizabeth Jean Brady,Andrew D. Schlichter,Andrew D. Schlichter for LaShante Taylor. Filed by on behalf of Lisa Ebner, Anthony Omer, Debra McClellan, Rebecca Major, Elizabeth Jean Brady, LaShante Taylor. (Schlichter, Andrew) |
| Filing 3 Summons Issued Electronically as to Providence Health & Services. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (sb) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Jeff Armistead and Discovery and Pretrial Scheduling Order. NOTICE: The filing party shall print and serve this Order, the summonses, and all other documents issued by the Clerk at case initiation upon all named parties in accordance with Local Rule 3-5(c). Discovery is to be completed by 7/21/2026. Joint Alternate Dispute Resolution Report is due by 8/20/2026. Pretrial Order is due by 8/20/2026. Ordered by Magistrate Judge Jeff Armistead. (sb)
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| Filing 1 Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10203100 Jury Trial Requested: Yes. Filed by Lisa Ebner, Anthony Omer, Debra Mcclellan, Rebecca Major, Elizabeth Jean Brady, Lashante Taylor against Providence Health & Services (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Bovarnick, Paul) Modified on 3/23/2026 to remove duplicative docket text (sb). |
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