Gililland v. Southwestern Oregon Community College District et al
| Nicole Gililland |
| Southwestern Oregon Community College District, Francisco Saldivar, Susan Walker, Pamela Wick, Tim Daily, Melissa Sperry, Patty Scott and Southwestern Oregon Community College |
| 6:2019cv00283 |
| February 26, 2019 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Mustafa T Kasubhai |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 138
JUDGMENT signed on 7/7/2022 by Magistrate Judge Mustafa T. Kasubhai: Based on the record, judgment for Defendants as to the Title IX Claim, and for Plaintiff as to the Breach of Contract Claim. (jk)
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Filing 137
Jury Notes Unredacted Version Filed Under Seal . (jk)
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Filing 136
Jury Notes. (jk)
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Filing 135
Jury Verdict Unredacted Version Filed Under Seal . (jk)
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Filing 134
Jury Verdict. (jk)
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Filing 133
Clerks List of Exhibits & Witnesses. (jk)
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Filing 132
Court's Instructions to the Jury. (jk)
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Filing 131
MINUTES of Proceedings: Final Day of Jury Trial - Day 8. Jury deliberations began at 9:00AM. Jury Note B received. Jury Note B discussed with the parties on the record. Answer written on Jury Note B. The Clerk is directed to order 7 lunches from Jersey Mike's during jury deliberation. Jury deliberations concluded at 2:20PM. Jury returns a verdict in favor of Defendants as to Title IX Claim and in favor of Plaintiff as to Breach of Contract Claim (see verdict form). Jury Panel is discharged. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 130
MINUTES of Proceedings: Jury Trial - Day 7. Order denying Motion for Judgment #129 . The Court instructed the jury. Closing arguments presented by Plaintiff and Defendant. Jury deliberations began at 3:30PM. Jury Note A Received. Jury Note A discussed with the parties on the record. Response written on Response Note A. Jurors ended deliberations at 4:45PM. Jurors to resume deliberations on 7/7/2022 at 09:00AM. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 129
Motion for Judgment . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 128
MINUTES of Proceedings: Jury Trial - Day 6. Witnesses sworn and evidence adduced. Witnesses: Robin Finney; Timothy Dailey. Plaintiff rests. Defense rests. Jury Trial is continued to 7/6/2022 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Kellie Humiston. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 127
MINUTES of Proceedings: Jury Trial - Day 5. Witnesses sworn and evidence adduced. Witnesses: Dr. Louise Fitzgerald; Dawn Cook; Dr. Peter Philips; Pam Wick. Jury Trial is continued to 7/5/2022 at 01:30PM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 126
MINUTES of Proceedings: Jury Trial - Day 4. Witnesses sworn and evidence adduced. Witnesses: Francisco Saldivar; Dr. Ali Mageehon; Jeff Whitey; Dr. Louise Fitzgerald. Jury Trial is continued to 7/1/2022 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 125
MINUTES of Proceedings: Jury Trial - Day 3. Witnesses sworn and evidence adduced. Witnesses: Melissa Sperry; Stephanie Kyelberg (by recorded deposition); Elizabeth Cooper; Susan Walker; Francisco Saldivar. Jury Trial is continued to 6/30/2022 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 124
MINUTES of Proceedings: Jury Trial - Day 2. Witnesses sworn and evidence adduced. Witnesses: Nicole Gililland; Melissa Sperry. Jury Trial is continued to 6/29/2022 at 08:30AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 123
Order to Retain Custody of Exhibits signed on 6/27/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 122
MINUTES of Proceedings: First Day of Jury Trial. Voir dire conducted. Eight (8) jurors selected and sworn. Opening statements by counsel. Witness sworn and evidence adduced. Witness: Nicole Gililland. Jury Trial is continued to 6/28/2022 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese; Elliot Field present as counsel for defendants. Court Reporter: Dennis Apodaca. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 121
Corrected Proposed Jury Instructions Defining Selective Enforcement Theory. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 120
Proposed Voir Dire Questions to be Asked by Judge. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 119
Omnibus Order on Pretrial Motions signed on 6/13/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 118
Reply in Support to Motion to Exclude Expert Reports and Testimony #110 . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 117
Amended Proposed Jury Instructions on the issue of Mitigation of Damages. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 116
Memorandum in Opposition to Motion to Exclude Expert Reports and Testimony #110 . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 115
Proposed Jury Instructions . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 113
Supplemental Brief on Damages Available Under Title IX. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 114
MINUTES of Proceedings: Pretrial Conference by videoconference. The Court will issue a formal order regarding its ruling on the Motions in Limine, and objections to the exhibits. The parties' concurrent briefs regarding the Title IX claims are due 5/27/2022. Plaintiff's response to Defendants' Motion to Exclude Expert Reports and Testimony #110 is due by 5/27/2022. The parties' jury instructions are due by 5/27/2022. The parties consent to witnesses appearing remotely. Brandon Mark; Michael Young present as counsel for plaintiff. Lucas Reese present as counsel for defendants. Court Reporter: Jill Jessup. Magistrate Judge Mustafa T. Kasubhai presiding. (jk)
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Filing 112
Response to Defendants' Objections to Plaintiff's Exhibit List. Filed by Nicole Gililland. (Related document(s): Objection to Trial Exhibit #95 .) (Mark, Brandon)
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Filing 111
Response . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Related document(s): Jury instructions - Proposed #109 .) (Reese, Lucas)
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Filing 110
Motion to Exclude Expert Reports and Testimony. Oral Argument requested. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 109
Supplemental Proposed Jury Instructions on Non-Economic Damages for Breach of Contract and Supplemental Objections to Defendants' Proposed Instructions. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 108
Response in Opposition to Defendants' Omnibus Motion in Limine to Motion in limine #92 . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 107
Response to Defendants' Objections to Plaintiff's Proposed Verdict Form. Filed by Nicole Gililland. (Related document(s): Objection #93 .) (Mark, Brandon)
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Filing 106
Response to Defendants' Objections to Plaintiff's Proposed Jury Instructions. Filed by Nicole Gililland. (Related document(s): Objection #96 .) (Mark, Brandon)
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Filing 105
Reply to Motion in limine regarding the outcome of the Oregon State Board of Nursing Investigation #99 , Motion in limine to Exclude Evidence of Plaintiff's Emotional or Mental State or Condition #90 , Motion in limine regarding hearsay emails from prerequisite course professors #100 , Motion in limine to Exclude Evidence of Grammarly #91 , Motion in limine regarding SWOCC's source of funding or putative effects of verdict in Plaintiff's favor on SWOCC #98 . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 104
Response to Plaintiff's Objections to Proposed Jury Instructions. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Related document(s): Objection #88 .) (Reese, Lucas)
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Filing 103
Response to Plaintiff's Objections to Proposed Verdict Form. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Related document(s): Objection #89 .) (Reese, Lucas)
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Filing 102
Response to Plaintiff's Objections to Trial Exhibits and Witness Statements. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Related document(s): Objection to Trial Exhibit #97 .) (Reese, Lucas)
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Filing 101
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion to Amend/Correct #87 Jury instructions - Proposed #83 . (jk)
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Filing 100
Motion in limine regarding hearsay emails from prerequisite course professors. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 99
Motion in limine regarding the outcome of the Oregon State Board of Nursing Investigation. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 98
Motion in limine regarding SWOCC's source of funding or putative effects of verdict in Plaintiff's favor on SWOCC. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 97
Objection to Trial Exhibit #82 Witness statement, #80 Exhibit List Plaintiff's objections to Defendants' Exhibit List and Witness Statements. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 96
Objection(s) to #87 Motion to Amend/Correct, #83 Jury instructions - Proposed . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 95
Objection to Trial Exhibit #74 Exhibit List . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 94
Objection(s) to #85 Deposition Testimony Designation, . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 93
Objection(s) to #84 Jury Verdict Form - Proposed . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 92
Motion in limine . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 91
Motion in limine to Exclude Evidence of Grammarly. Filed by Nicole Gililland. (Young, Michael)
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Filing 90
Motion in limine to Exclude Evidence of Plaintiff's Emotional or Mental State or Condition. Filed by Nicole Gililland. (Young, Michael)
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Filing 89
Objection(s) to #81 Jury Verdict Form - Proposed . Filed by Nicole Gililland. (Young, Michael)
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Filing 88
Objection(s) to #79 Jury instructions - Proposed . Filed by Nicole Gililland. (Young, Michael)
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Filing 87
Motion to Amend/Correct Jury instructions - Proposed #83 . Filed by Nicole Gililland. (Attachments: #1 Exhibit A - New Damages Instruction) (Young, Michael)
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Filing 86
Notice of Association of Attorney Elliot Robert Field,Elliot Robert Field,Kim E. Hoyt for Southwestern Oregon Community College,Elliot Robert Field,Kim E. Hoyt for Southwestern Oregon Community College District. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Field, Elliot)
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Filing 85
Designation of Deposition Testimony . Filed by Nicole Gililland. (Attachments: #1 Exhibit 1-Cooper Deposition, #2 Exhibit 2-Dailey Deposition, #3 Exhibit 3-Finney Deposition, #4 Exhibit 4-Keller Deposition, #5 Exhibit 5-Mageehon Deposition, #6 Exhibit 6-Saldivar Deposition, #7 Exhibit 7-Scott Deposition, #8 Exhibit 8-Sperry Deposition, #9 Exhibit 9-Walker Deposition, #10 Exhibit 10-Whitey Deposition) (Mark, Brandon)
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Filing 84
Proposed Jury Verdict Form. Filed by Nicole Gililland. (Young, Michael)
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Filing 83
Proposed Jury Instructions . Filed by Nicole Gililland. (Young, Michael)
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Filing 82
Witness Statement . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 81
Proposed Jury Verdict Form. Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 80
Exhibit List . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 79
Proposed Jury Instructions . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 78
Joint Proposed Jury Instructions . Filed by Southwestern Oregon Community College, Southwestern Oregon Community College District. (Reese, Lucas)
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Filing 77
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Michael W. Young #75 . (jk)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Michael W. Young. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8487155 #75 : Reviewed and Ready for Ruling. (jw)
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Filing 76
Notice of Correction by Clerk regarding #75 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The document was missing pages. 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)
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Filing 75
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Michael W. Young. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8487155. Filed by Nicole Gililland. (Young, Michael) (Main Document 75 replaced on 4/22/2022) (cw).
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Filing 74
Exhibit List . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 73
Witness List . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 72
Trial Management Order signed on 1/12/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 71
MINUTES of Proceedings: Scheduling Conference by telephone. Order granting the parties' Stipulated Motion for Stay of Expert Disclosure Deadlines #68 . Exchange of Expert Witness Disclosures must be completed by 4/29/2022. Pretrial Conference is set for 5/17/2022 at 09:30AM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai. An estimated two-week (2) Jury Trial is set for 6/27/2022 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. Brandon Mark present as counsel for plaintiff. Lucas Reese present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
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Filing 70
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Scheduling Conference set for 1/11/2022 at 10:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai is ADVANCED to 10:15AM. (jk) Modified to correct hearing type on 1/5/2022 (NEF regenerated)(jk).
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Filing 69
Joint Proposed Pretrial Order Lodged . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 68
Stipulated Motion for Stay of Expert Disclosure Deadlines. Filed by Nicole Gililland. (Mark, Brandon) Modified to correct event type on 1/11/2022 (jk).
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Filing 67
Notice of Change of Address. Filed by All Defendants. (Reese, Lucas)
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Filing 66
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Pretrial Order is due by 1/3/2022. Scheduling Conference is set for 1/11/2022 at 10:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai for jury trial and pretrial conference scheduling. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (jk)
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Filing 65
Opinion & Order signed on 12/3/2021 by Magistrate Judge Mustafa T. Kasubhai: Defendants' motion for summary judgment (ECF No. #36 ) is GRANTED in part and DENIED in part and Plaintiff's motion for sanctions (ECF No. #50 ) is GRANTED in part and DENIED in part. (jk)
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Filing 64
MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Summary Judgment #36 . Motion is taken under advisement as of 9/7/2021. Brandon Mark present as counsel for plaintiff. Lucas Reese present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
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Filing 63
Declaration of Nicole Gililland . Filed by Nicole Gililland. (Related document(s): Reply to Motion, #62 .) (Mark, Brandon)
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Filing 62
Reply to Motion for Imposition of Sanctions for Spoliation of Evidence #50 Oral Argument requested. Filed by Nicole Gililland. (Attachments: #1 Exhibit 6, #2 Exhibit 18, #3 Exhibit 62a, #4 Exhibit 72, #5 Exhibit 206) (Mark, Brandon)
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Filing 61
ORDER by Magistrate Judge Mustafa T. Kasubhai: Oral Argument regarding Motion for Summary Judgment #36 set for 9/3/2021 at 09:00AM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai is RESET to proceed by telephone. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (jk)
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Filing 60
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File Response/Reply #59 . Reply to Motion for Imposition of Sanctions for Spoliation of Evidence #50 is due by 8/27/2021. (jk)
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Filing 59
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions for Spoliation of Evidence #50 . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 58
Declaration of Luke Reese . Filed by All Defendants. (Related document(s): Response to Motion #55 .) (Reese, Lucas)
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Filing 57
Declaration of Jeff Whitey . Filed by All Defendants. (Related document(s): Response to Motion #55 .) (Reese, Lucas)
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Filing 56
Declaration of Ali Mageehon . Filed by All Defendants. (Related document(s): Response to Motion #55 .) (Reese, Lucas)
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Filing 55
Response to Motion for Imposition of Sanctions for Spoliation of Evidence #50 Oral Argument requested. Filed by All Defendants. (Reese, Lucas)
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Filing 54
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File Response/Reply #52 . Response to Motion for Imposition of Sanctions for Spoliation of Evidence #50 is due by 8/9/2021. (jk)
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Filing 53
ORDER nunc pro tunc by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File Response/Reply #39 . (jk)
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Filing 52
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions for Spoliation of Evidence #50 . Filed by All Defendants. (Reese, Lucas)
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Filing 51
Declaration of Brandon J. Mark in Support of Motion for Spoliation Sanctions. Filed by Nicole Gililland. (Related document(s): Motion for Imposition of Sanctions, #50 .) (Attachments: #1 Exhibit A - 8/9/2018 Letter, #2 Exhibit B - 9/19/2018 E-Mail) (Mark, Brandon)
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Filing 50
Motion for Imposition of Sanctions for Spoliation of Evidence. Oral Argument requested. Filed by Nicole Gililland. (Attachments: #1 Exhibit 3-101 (not inclusive), #2 Exhibit A-Walker Deposition, #3 Exhibit B-Dailey Deposition, #4 Exhibit C-Whitey Deposition, #5 Exhibit D-Mageehon Deposition, #6 Exhibit E-Sperry Deposition, #7 Exhibit F-Saldivar Deposition, #8 Exhibit G-Keller Deposition, #9 Exhibit H-Finney Deposition) (Mark, Brandon)
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Filing 49
Order of Dismissal by Magistrate Judge Mustafa T. Kasubhai: As per the Stipulated Notice of Dismissal, pursuant to Fed. R. Civ. P. 41(a)(1)(ii), Plaintiff's claims as to defendants Pamela Wick (an individual), Francisco Saldivar (an individual) and Patty Scott (an individual) are dismissed with prejudice with each party to bear their own costs and fees. (jk)
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Filing 48
Declaration of Luke W. Reese in Support of Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Reply to Motion #47 .) (Reese, Lucas)
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Filing 47
Reply to Motion for Summary Judgment #36 Oral Argument requested. Filed by All Defendants. (Reese, Lucas)
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Filing 46
Stipulated Notice of Dismissal of Party Patty Scott, Francisco Saldivar and Pamela Wick. Filed by Nicole Gililland. (Mark, Brandon)
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Filing 45
Exhibits 201 re Declaration, #42 . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 44
Notice of Correction by Clerk regarding Declaration #42 , Declaration #43 . A Clerical error has been discovered in the case record: the Declarations were not linked to the Response in Opposition to Motion for Summary Judgment. The following corrections were made to the record: The clerk created the document links and corrected the docket text. The Notice of Electronic Filing will be regenerated to all parties. (bd)
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Filing 43
Declaration of Stephanie Kyelberg (Related document(s): Response in Opposition to Motion for Summary Judgment #41 ). Filed by Nicole Gililland. (Mark, Brandon) Modified on 7/7/2021 to create document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 42
Declaration of Brandon J. Mark (Related document(s): Response in Opposition to Motion for Summary Judgment #41 ). Filed by Nicole Gililland. (Attachments: #1 Exhibit 201-203) (Mark, Brandon) Modified on 7/7/2021 to create document link. Notice of Electronic Filing regenerated to the parties. (bd).
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Filing 41
Response in Opposition to Motion for Summary Judgment #36 Oral Argument requested. Filed by Nicole Gililland. (Attachments: #1 Exhibit A Gililland Deposition, #2 Exhibit B Saldivar Deposition, #3 Exhibit C Mageehon Deposition, #4 Exhibit D Walker Deposition, #5 Exhibit E Sperry Deposition, #6 Exhibit F Keller Deposition, #7 Exhibit G Finney Deposition, #8 Exhibit H Dailey Deposition, #9 Exhibit I Cooper Deposition, #10 Exhibit J Whitney Deposition, #11 Exhibit 1-30 (noninclusive), #12 Exhibit 34-70 (noninclusive), #13 Exhibit 71-101 (noninclusive)) (Mark, Brandon)
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Filing 40
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Oral Argument regarding Motion for Summary Judgment #36 set for 8/31/2021 is RESET for 9/3/2021 at 09:00AM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 39
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #36 . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 38
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Oral Argument regarding Motion for Summary Judgment #36 is set for 8/31/2021 at 09:00AM in Eugene by videoconference before Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 37
Declaration of Luke Reese in Support of Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #36 .) (Reese, Lucas)
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Filing 36
Motion for Summary Judgment . Oral Argument requested. Filed by All Defendants. (Reese, Lucas)
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Filing 35
Joint ADR Report . Filed by All Defendants.(Reese, Lucas)
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Filing 34
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties Joint Motion for Extension of Discovery & PTO Deadlines #33 . Discovery is to be completed by 4/23/2021. Joint Alternate Dispute Resolution Report is due by 4/23/2021. Dispositive Motions are due by 5/28/2021. Pretrial Order is due 30 days after dispositive motions are ruled on or by 5/28/2021 if no dispositive motions filed. Exchange of Expert Disclosures must be completed 30 days after dispositive motions are ruled on or by 5/28/2021 if no dispositive motions filed. (jk)
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Filing 33
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Reese, Lucas)
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Filing 32
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING IN PART the parties' Joint Motion for Extension of Discovery & PTO Deadlines #31 . Discovery is to be completed by 1/19/2021. Joint Alternate Dispute Resolution Report is due by 1/19/2021. Dispositive Motions are due by 2/18/2021. Pretrial Order is due 30 days after dispositive motions are ruled on or by 3/22/2021 if no dispositive motions filed. (jk)
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Filing 31
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Reese, Lucas)
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Filing 30
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Joint Motion for Extension of Discovery & PTO Deadlines #29 . Discovery is to be completed by 10/20/2020. Joint Alternate Dispute Resolution Report is due by 10/20/2020. Dispositive Motions are due by 11/20/2020. Expert Disclosures to be completed 30 days after dispositive motions are ruled on or by 12/21/2020 if no dispositive motions filed. Pretrial Order is due 30 days after dispositive motions are ruled on or by 12/21/2020 if no dispositive motions filed. (jk)
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Filing 29
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicole Gililland. (Mark, Brandon)
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Filing 28
Notice of Appearance of Brandon J. Mark appearing on behalf of Nicole Gililland Filed by on behalf of Nicole Gililland. (Mark, Brandon)
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Filing 27
Mail Returned - Undeliverable: Order on motion to withdraw/substitute attorney, Order on motion for stay 26 sent to Nicole Glilland returned as undeliverable, return to sender, refused, unable to forward. (bd)
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Filing 26
ORDER by Magistrate Judge Mustafa T. Kasubhai: Counsel's Motion to Withdraw #20 is GRANTED. Defendants' Motion for Stay #24 of existing case management deadlines is GRANTED IN PART as follows: Discovery is to be completed by 7/20/2020. Joint Alternate Dispute Resolution Report is due by 7/20/2020. Dispositive Motions are due by 8/18/2020. Pretrial Order is due 30 days after dispositive motions are ruled on or by 9/21/2020 if no dispositive motions filed. Expert Disclosures must be completed 30 days after dispositive motions are ruled on or by 9/21/2020 if no dispositive motions filed. (Mailed to pro se party 4/24/2020.) (jk)
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Filing 25
Declaration of Luke W. Reese in Support of Motion to Stay. Filed by All Defendants. (Related document(s): Motion for Stay #24 .) (Reese, Lucas) Notice of Electronic Filing regenerated on 4/9/2020 after termination date for Attorney Brague removed. (bd)
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Filing 24
Motion for Stay Pending Deadlines. Filed by All Defendants. (Reese, Lucas) Notice of Electronic Filing regenerated on 4/9/2020 after termination date for Attorney Brague removed. (bd)
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Filing 23
Declaration of Luke Reese in Support of Response to Plaintiff's Attorney's Motion to Withdraw. Filed by All Defendants. (Related document(s): Response to Motion #22 .) (Reese, Lucas) Notice of Electronic Filing regenerated on 4/9/2020 after termination date for Attorney Brague removed. (bd)
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Filing 22
Response to Plaintiff's Attorney's Motion to Withdraw. Filed by All Defendants. (Reese, Lucas) Notice of Electronic Filing regenerated on 4/9/2020 after termination date for Attorney Brague removed. (bd)
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Filing 21
Declaration of Kevin C. Brague in Support of Notice of Motion to Withdraw. Filed by Nicole Gililland. (Brague, Kevin)
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Filing 20
Notice and Motion to Withdraw as Attorney of Record. Filed by Nicole Gililland. (Brague, Kevin) Modified to correct event type on 4/9/2020 (filed as notice instead of motion) (NEF regenerated) (jk).
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Filing 19
Declaration of Kevin Brague . Filed by Nicole Gililland. (Related document(s): Withdrawal of Attorney #18 .) (Brague, Kevin)
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Filing 18
Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Brague, Kevin)
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Filing 17
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #16 . Discovery is to be completed by 4/20/2020. Joint Alternate Dispute Resolution Report is due by 4/20/2020. Dispositive Motions are due by 5/20/2020. Pretrial Order and Expert disclosures are due by 6/22/2020 or 30 days following the Court's ruling on any dispositive motions. Ordered by Magistrate Judge Mustafa T. Kasubhai. (ck)
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Filing 16
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Reese, Lucas)
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Filing 15
ORDER: The court is in receipt of the parties' Joint Status Report and Propoased Case Management Schedule #7 . The proposed schedule is adopted as follows: Discovery is to be completed by 11/20/2019; Joint Alternate Dispute Resolution Report is due by 11/20/2019; Dispositive Motions, if any, are due by 12/20/2019; Pretrial Order and Expert disclosures, if any, are due 30 days after dispositive motions are ruled on or by 1/21/2020 if no dispositive motions filed. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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Filing 14
Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Magistrate Judge Mustafa T. Kasubhai. (eo)
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Filing 13
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (eo)
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Filing 12
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 11
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 9
Stipulated Protective Order. Signed on 5/24/2019 by Judge Ann L. Aiken. (ck)
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Filing 8
Stipulated Proposed Form of Order Submitted (Stipulated Protective Order). Filed by All Defendants. (Reese, Lucas)
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Filing 7
Joint Status Report and Proposed Case Management Schedule. Filed by All Defendants. (Reese, Lucas)
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Filing 6
Answer to #1 Complaint, & Affirmative Defenses. Filed by Francisco Saldivar, Southwestern Oregon Community College, Susan Walker, Pamela Wick, Southwestern Oregon Community College District, Melissa Sperry, Patty Scott, Tim Daily. (Reese, Lucas)
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Filing 5
Waiver of Service of Summons Returned Executed by All Defendants. Filed by Nicole Gililland. (Brague, Kevin)
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Filing 4
CASE MANAGEMENT ORDER. Signed on 2/27/2019 by Judge Ann L. Aiken. (ck)
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Filing 3
Summons Issued Electronically as to Tim Daily, Francisco Saldivar, Patty Scott, Southwestern Oregon Community College District, Melissa Sperry, Susan Walker, Pamela Wick. 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. (kf)
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Filing 2
Notice of Case Assignment to Judge Ann L. Aiken 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 6/26/2019. Joint Alternate Dispute Resolution Report is due by 7/26/2019. Pretrial Order is due by 7/26/2019. Ordered by Judge Ann L. Aiken. (kf)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5751442 Jury Trial Requested: Yes. Filed by Nicole Gililland against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Brague, Kevin)
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