Wyatt B. et al v. Brown et al
| Alec R., Norman N., Naomi B., Bernard C., Simon S., Kylie R., Noah F., Unique L., Wyatt B. and Ruth T. |
| Fairborz Pakseresht, Marilyn Jones, Kate Brown, Oregon Dept. of Human Services, Fariborz Pakseresht and Rebecca Jones Gaston |
| Steven J. Russell |
| 6:2019cv00556 |
| April 16, 2019 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 275
OPINION AND ORDER: Defendants' Motion to Exclude Experts #114 is DENIED. Plaintiff's Motion to Exclude Experts #203 is GRANTED in part and DENIED in part. Defendants' Motions to Dismiss as Moot #109 , #230 , #232 , #252 , #253 , are DENIED. Plaintiffs' Motion to Certify #64 is GRANTED. This action shall proceed as a class action with one General Class and three Subclass: the ADA Subclass, the SGM Subclass, and the Aging-out Subclass. Signed on 8/17/2022 by Judge Ann L. Aiken. (ck)
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Filing 274
Notice re Notice of Supplemental Authority, #273 Defendants' Response to Plaintiffs' Notice of Supplemental Authority Filed by All Defendants. (Related document(s): Notice of Supplemental Authority, #273 .) (Blaesing, Lauren)
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Filing 273
Notice of Supplemental Authority re Motion to Dismiss #108 , Notice,, #209 , Motion to Dismiss #253 , Motion - Miscellaneous #227 , Motion to Dismiss #232 , Notice, #221 Filed by All Plaintiffs. (Related document(s): Motion to Dismiss #108 , Notice,, #209 , Motion to Dismiss #253 , Motion - Miscellaneous #227 , Motion to Dismiss #232 , Notice, #221 .) (Attachments: #1 Exhibit A) (McStay, P.)
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Filing 272
Notice re Notice, #271 Plaintiffs' Response to Defendants' Notice of Supplemental Authority iso Defendants' Motion to Certify Order for Interlocutory Appeal Filed by All Plaintiffs. (Related document(s): Notice, #271 .) (McStay, P.)
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Filing 271
Notice re Motion - Miscellaneous #227 of Supplemental Authority in Support of Defendants' Motion to Certify Order for Interlocutory Appeal Filed by All Defendants. (Related document(s): Motion - Miscellaneous #227 .) (Blaesing, Lauren)
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Filing 270
Response to Defendants' Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Notice,, #268 .) (McStay, P.)
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Filing 269
Declaration of Harry B. Wilson in Support of Notice of Supplemental Information in Support of Defendants Motion to Dismiss Additional Moot Claims (Dkt. 252/253) and Defendants Opposition to Plaintiffs Motion to Certify as Class Action (Dkt. 117/118). Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Wilson, Harry)
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Filing 268
Notice re Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 of Supplemental Information in Support of Defendants Motion to Dismiss Additional Moot Claims (Dkt. 252/253) and Defendants Opposition to Plaintiffs Motion to Certify as Class Action (Dkt. 117/118) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (Wilson, Harry)
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Filing 267
Declaration of Harry B. Wilson in Support of Notice of Supplemental Information in Support of Defendants Motion to Dismiss Additional Moot Claims (Dkt. 252/253) and Defendants Opposition to Plaintiffs Motion to Certify as Class Action (Dkt. 117/118). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Wilson, Harry)
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Filing 266
Notice re Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 of Supplemental Information in Support of Defendants Motion to Dismiss Additional Moot Claims (Dkt. 252/253) and Defendants Opposition to Plaintiffs Motion to Certify as Class Action (Dkt. 117/118) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Wilson, Harry)
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Filing 265
Declaration of Harry B. Wilson in Support of Notice of Supplemental Information in Support of Defendants' Motion to Dismiss Additional Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Wilson, Harry)
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Filing 264
Notice re Motion to Dismiss #253 , Motion to Dismiss #252 of Supplemental Information in Support of Defendants' Motion to Dismiss Additional Moot Claims Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 .) (Wilson, Harry)
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Filing 263
Declaration of Harry B. Wilson in Support of Notice of Supplemental Information in Support of Defendants' Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Wilson, Harry)
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Filing 262
Notice re Motion to Dismiss #253 , Motion to Dismiss #252 of Supplemental Information in Support of Defendants' Motion to Dismiss Additional Moot Claims Filed by All Defendants. (Related document(s): Motion to Dismiss #253 , Motion to Dismiss #252 .) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Wilson, Harry)
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Filing 261
Declaration of Lauren F. Blaesing in Support of Defendants' Reply re Motion to Dismiss Additional Moot Claims. Filed by All Defendants. (Related document(s): Reply to Motion #259 .) (Attachments: #1 Exhibit) (Blaesing, Lauren)
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Filing 260
Reply to Motion to Dismiss Additional Moot Claims #253 Oral argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Blaesing, Lauren)
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Filing 259
Reply to Motion to Dismiss Additional Moot Claims #252 Oral argument requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 258
Response in Opposition to Motion to Dismiss Additional Moot Claims #253 , Motion to Dismiss Additional Moot Claims #252 . Filed by All Plaintiffs. (Stenson, Thomas)
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Filing 257
Declaration of Lacey Andresen in Support of Defendants' Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 .) (Blaesing, Lauren) (Additional attachment(s) added on 2/22/2022: #1 Attachment Exhibit 1) (cw).
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Filing 256
Declaration of Lacey Andresen in Support of Defendants' Motion to Dismiss Additional Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #252 .) (Attachments: #1 Exhibit 1) (Blaesing, Lauren)
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Filing 255
Declaration of Lauren F. Blaesing in Support of Defendants' Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #253 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Blaesing, Lauren)
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Filing 254
Declaration of Lauren F. Blaesing in Support of Defendants' Motion to Dismiss Additional Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #252 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Blaesing, Lauren)
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Filing 253
Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 252
Motion to Dismiss Additional Moot Claims. Oral Argument requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 251
Notice of Attorney Withdrawal: Anna M. Joyce Filed by All Defendants. (Blaesing, Lauren)
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Filing 250
Notice of Appearance of William D. Miner, III appearing on behalf of All Plaintiffs . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (Miner, William)
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Filing 249
Notice of Attorney Substitution: P. Andrew McStay, Jr is substituted as counsel of record in place of Attorney Gregory A. Chaimov . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (McStay, P.)
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Filing 248
Supplement Defendants' Response to Plaintiffs' Objection to Factual Misstatement in Defendants' Motion for Interlocutory Review. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #227 .) (Blaesing, Lauren)
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Filing 247
Reply to Motion to Dismiss Additional Moot Claims (Redacted) #232 . Filed by All Defendants. (Blaesing, Lauren)
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Filing 246
Reply to Motion to Dismiss Additional Moot Claims (Redacted) #232 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Blaesing, Lauren)
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Filing 245
Supplement Objection. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #227 .) (Stenson, Thomas)
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Filing 244
Response in Opposition to Motion to Dismiss Moot Claims #109 , Motion to Dismiss Moot Claims #108 , Motion to Dismiss Additional Moot Claims (Redacted) #232 , Motion to Dismiss Additional Moot Claims #230 . Filed by All Plaintiffs. (Stenson, Thomas)
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Filing 243
Transcript Designation and Order Form for the hearing held on November 15, 2021 before Judge Ann Aiken. Court Reporter: Sara Wilson. . Filed by All Defendants. (Blaesing, Lauren)
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Filing 242
MINUTES of Proceedings: Motion Hearing held before Judge Ann L. Aiken regarding Motion to certify class #64 by videoconference. The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Opinion to follow. Thomas Stenson, Gregory Chaimov, Aarti Iyer, Anastasia Benedetto, Emily Cooper, Marcia Lowry, Paul Southwick - by phone present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Laura Salerno Owens, Vivek Kothari, Kelsie Crippen present as counsel for defendants. Court Reporter: Sara Wilson. (ck)
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Filing 241
ORDER for production of transcript at government expense for the hearing held on 11/15/2021 before Judge Ann Aiken. Court Reporter: Sara Wilson. Ordered by Judge Ann L. Aiken. (ck)
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Filing 240
Reply to Motion to Certify Order for Interlocutory Appeal #227 Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
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Filing 239
Notice of Attorney Withdrawal: Dawn Post Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 238
Defendants' Notice of Supplemental Authority in Support of Defendants' Opposition to Plaintiffs' Motion to Certify as Class Action. (Related documents: Response in Opposition to Motion #117 , #118 .) Modified on 11/15/2021 to modify docket text and add document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 237
Redacted Declaration of Lauren F. Blaesing in Support of Defendants Notice Of Supplemental Information In Support Of Defendants Opposition To Plaintiffs Motion To Certify As A Class Action (DKT. 117/118) R. Filed by All Defendants. (Related document(s): Notice, #236 .) (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) (Blaesing, Lauren)
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Filing 236
Notice re Response in Opposition to Motion #118 , Response in Opposition to Motion #117 REDACTED Defendants Notice Of Supplemental Information In Support Of Defendants Opposition To Plaintiffs Motion To Certify As A Class Action (DKT. 117/118) Filed by All Defendants. (Related document(s): Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (Blaesing, Lauren)
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Filing 235
Declaration of Lauren F. Blaesing in Support of Defendants Notice Of Supplemental Information In Support Of Defendants Opposition To Plaintiffs Motion To Certify As A Class Action (DKT. 117/118). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Notice,, #234 .) (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) (Blaesing, Lauren)
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Filing 234
Notice re Response in Opposition to Motion #118 , Response in Opposition to Motion #117 Defendants Notice Of Supplemental Information In Support Of Defendants Opposition To Plaintiffs Motion To Certify As A Class Action (DKT. 117/118) Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Blaesing, Lauren)
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Filing 233
Declaration of Lauren F. Blaesing in Support of Motion to Dismiss Additional Moot Claims (Redacted). Filed by All Defendants. (Related document(s): Motion to Dismiss #232 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Blaesing, Lauren)
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Filing 232
Motion to Dismiss Additional Moot Claims (Redacted). Filed by All Defendants. (Blaesing, Lauren)
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Filing 231
Declaration of Lauren F. Blaesing in Support of Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #230 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Blaesing, Lauren)
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Filing 230
Motion to Dismiss Additional Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Blaesing, Lauren)
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Filing 229
Response in Opposition to Motion to Certify Order for Interlocutory Appeal #227 . Filed by All Plaintiffs. (Stenson, Thomas)
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Filing 228
Answer to #1 Complaint, and Affirmative Defenses. Filed by Kate Brown, Fariborz Pakseresht, Oregon Dept. of Human Services, Rebecca Jones Gaston. (Blaesing, Lauren)
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Filing 227
Motion to Certify Order for Interlocutory Appeal. Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit Exhibit to Motion) (Blaesing, Lauren)
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Filing 226
Response to Defendant's Notice of Supplemental Information. Filed by All Plaintiffs. (Related document(s): Notice #223 .) (Chaimov, Gregory)
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Filing 225
Scheduling Order by Judge Ann L. Aiken. The Status Conference set for 10/27/2021 at 01:00PM is VACATED. Ordered by Judge Ann L. Aiken. (ck)
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Filing 224
Declaration of Shawnna Bennett in Support of Notice of Supplemental Information in Support of Defendants' Motion to Dismiss Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Attachments: #1 Exhibit 1) (Blaesing, Lauren)
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Filing 223
Notice re Motion to Dismiss #108 of Supplemental Information in Support of Defendants' Motion to Dismiss Moot Claims Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Blaesing, Lauren)
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Filing 222
Declaration of Shawnna Bennett in Support of Notice of Supplemental Information in Support of Defendants' Motion to Dismiss Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Attachments: #1 Exhibit 1) (Blaesing, Lauren)
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Filing 221
Notice re Motion to Dismiss #108 of Supplemental Information in Support of Defendants' Motion to Dismiss Moot Claims Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Blaesing, Lauren)
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Filing 220
Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint, and Supporting Memorandum Complaint, #1 . Expedited Hearing requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 219
Scheduling Order by Judge Ann L. Aiken regarding Motion to Certify the Class #64 . Oral Argument is set for 11/15/2021 at 09:00AM in Eugene by videoconference before Judge Ann L. Aiken. Motion is taken under advisement as of 11/15/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 218
Notice of Attorney Withdrawal: Erin Gallagher Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 217
MINUTES of Proceedings: Telehponic Status Conference held before Judge Ann L. Aiken. A further Status Conference is set for 10/27/2021 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Gregory Chaimov, Aarti Iyer, Anastasia Benedetto, Dawn Post, Emily Cooper, Marcia Lowry, Thomas Stenson present as counsel for plaintiffs. Anna Joyce, David Markowitz, Lauren Blaesing present as counsel for defendants. Court Reporter: Kendra Steppler. (ck)
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Filing 216
ORDER: Granting Motion for Status Conference #210 . Status Conference is set for 10/4/2021 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 215
OPINION AND ORDER: Defendants' Motion to Dismiss #31 is GRANTED in part and DENIED in part. Signed on 9/27/2021 by Judge Ann L. Aiken. (ck)
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Filing 214
Response to Defendants' Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Notice,, #213 .) (Chaimov, Gregory)
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Filing 213
Defendants' Notice of Supplemental Authority in Support of Defendants' Opposition to Plaintiffs' Motion to Certify as Class Action (Dkt. #117 / #118 ) and Motion to Dismiss or, in the Alternative, to Make More Definite and Certain (Dkt. #31 ). Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion for more definite statement #31 , Response in Opposition to Motion #118 , Response in Opposition to Motion #117 .) (Attachments: #1 Exhibit A) (Blaesing, Lauren) Modified on 9/9/2021 to update docket text to match document title. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 212
Notice of Related Case Filed by All Defendants. (Blaesing, Lauren)
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Filing 211
Response to Defendants' Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Notice,, #209 .) (Chaimov, Gregory)
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Filing 210
Stipulated Motion for a Status Conference. Oral Argument requested. Filed by All Plaintiffs. (Cooper, Emily)
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Filing 209
Notice re Motion to Dismiss #108 , Motion to Dismiss #109 , Motion to Dismiss for Failure to State a Claim,, Motion for more definite statement, #31 Defendants Notice Of Supplemental Authority In Support Of Defendants Motion To Dismiss or, In The Alternative, To Make More Definite And Certain (Dkt. 31) And Defendants Motion To Dismiss Moot Claims (Dkts. 108/109) Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services. (Related document(s): Motion to Dismiss #108 , Motion to Dismiss #109 , Motion to Dismiss for Failure to State a Claim,, Motion for more definite statement, #31 .) (Attachments: #1 Exhibit A) (Blaesing, Lauren)
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Filing 208
Reply to Motion to exclude Defendants' Expert Testimony opposing Class Certification #203 . Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 207
Exhibits 1 and 4 to Declaration of Vivek Kothari in Support of Defendants' Opposition to Plaintiffs' Motion to Exclude Defendants' Expert Testimony Opposing Class Certification re Declaration, #206 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Attachments: #1 Exhibit 1, #2 Exhibit 4) (Kothari, Vivek)
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Filing 206
Declaration of Vivek Kothari in Support of Defendants' Opposition to Plaintiffs' Motion to Exclude Defendants' Expert Testimony Opposing Class Certification. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Motion - Miscellaneous #203 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Kothari, Vivek)
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Filing 205
Response in Opposition to Motion to exclude Defendants' Expert Testimony opposing Class Certification #203 Oral Argument requested. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Kothari, Vivek)
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Filing 204
Declaration of Dawn Post in support of Motion to Exclude Expert Testimony Opposing Class Certification. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #203 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Chaimov, Gregory)
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Filing 203
Motion to exclude Defendants' Expert Testimony opposing Class Certification. Oral Argument requested. Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 202
Declaration of Dawn Post in support of Reply to Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Reply to Motion #201 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Chaimov, Gregory)
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Filing 201
Reply to Motion to Certify the Class #64 . Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 200
Order by Judge Acosta: As settlement does not appear possible at this time, the settlement conferences set for 4/9/2021, 4/13/2021, 4/14/2021, 5/5/2021 and 5/14/2021 are STRICKEN. (pjg)
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Filing 199
MINUTES of Proceedings: Settlement Conference held on 4/6/2021 with Magistrate Judge John V. Acosta presiding. Marcia Lowry. Dawn Post, Emily Cooper, Gregory Chalmov present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Anna Marie Joyce, Nathan Burcham, Sheila Potter present as counsel for defendants. Court Reporter: None. (pjg)
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Filing 198
ORDER: Granting Motion for Extension of Time to File Response/Reply #83 ; Granting Motion to Amend/Correct #90 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 197
Scheduling Order by Judge Acosta: Settlement Conferences are SET for the following dates and times in Portland by videoconference before Magistrate Judge John V. Acosta: Tuesday, April 6, 2021 from 8:00 AM to 12:00 PM; Friday, April 9, 2021 from 9:00 AM to 5:00 PM; Tuesday, April 13, 2021 from 8:00 AM to 3:00 PM; Wednesday, April 14, 2021 from 8:00 AM to 1:30 PM; Wednesday, May 5, 2021 from 9:00 AM to 5:00 PM (tentative); and Friday, May 14, 2021 from 9:00 AM to 5:00 PM. The videoconference information shall be provided to the parties prior to the conferences by email. (pjg)
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Filing 196
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #195 . Ordered by Judge Ann L. Aiken. (ck)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Erin Gallagher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7866426 #195 : Reviewed and Ready for Ruling. (ck)
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Filing 195
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Erin Gallagher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7866426. Filed by All Plaintiffs. (Gallagher, Erin)
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Filing 194
Third Declaration of David L. Kramer in Support of Motion to Intervene. Filed by STEVEN J. RUSSELL. (Related document(s): Motion to intervene #169 .) (Kramer, David)
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Filing 193
Declaration of James S. Smith in Support of Notice of Supplemental Information in Support of Defendants' Response in Opposition to Steven J. Russell's Motion to Intervene. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Notice, #192 .) (Blaesing, Lauren)
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Filing 192
Notice re Response in Opposition to Motion #171 Notice of Supplemental Information in Support of Defendants' Response in Opposition to Steven J. Russell's Motion to Intervene Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Response in Opposition to Motion #171 .) (Blaesing, Lauren)
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Filing 191
Scheduling Order by Judge Ann L. Aiken. The Status Conference set for 12/22/2020 at 03:00PM is VACATED. Ordered by Judge Ann L. Aiken. (ck)
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Filing 190
Supplemental Supplement Briefing. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #158 .) (Stenson, Thomas)
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Filing 189
Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 12/18/2020 to 12/22/2020 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 188
Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 12/4/2020 to 12/18/2020 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 187
Declaration of Shawnna Bennett IN SUPPORT OF NOTICE OF SUPPLEMENTAL INFORMATION IN SUPPORT OF DEFENDANTS MOTION TO DISMISS MOOT CLAIMS. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Notice #186 .) (Attachments: #1 Exhibit 1) (Blaesing, Lauren)
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Filing 186
Notice OF SUPPLEMENTAL INFORMATION IN SUPPORT OF DEFENDANTS MOTION TO DISMISS MOOT CLAIMS #108 . Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Blaesing, Lauren) Modified on 12/1/2020 to add document link. (jw)
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Filing 185
Declaration of Shawnna Bennett IN SUPPORT OF NOTICE OF SUPPLEMENTAL INFORMATION IN SUPPORT OF DEFENDANTS MOTION TO DISMISS MOOT CLAIMS. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Notice, #184 .) (Attachments: #1 Exhibit 1) (Blaesing, Lauren)
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Filing 184
Notice OF SUPPLEMENTAL INFORMATION IN SUPPORT OF DEFENDANTS MOTION TO DISMISS MOOT CLAIMS #108 . Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Blaesing, Lauren) Modified on 12/1/2020 to add document link. (jw)
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Filing 183
Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 11/23/2020 to 12/4/2020 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 182
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #181 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 181
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aarti Iyer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7504185. Filed by All Plaintiffs. (Chaimov, Gregory)
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NOTICE OF REGISTRATION REQUIREMENT. Aarti Iyer is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice #181 .) (ck)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aarti Iyer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7504185 #181 : Reviewed and Ready for Ruling. (ck)
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Filing 180
Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 11/16/2020 to 11/23/2020 at 04:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 179
Notice of Correction by Clerk regarding #177 Sur-Reply to Motion, #178 Declaration. A Clerical error has been discovered in the case record: The incorrect PDF was attached (the original PDF was not text searchable.) 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 178
Second Declaration of David L. Kramer in Support of Motion to Intervene. Filed by STEVEN J. RUSSELL. (Related document(s): Motion to intervene #169 .) (Kramer, David) (Main Document 178 replaced on 10/16/2020) (cw).
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Filing 177
Sur-Reply Intervenor Steven J. Russell's Reply Memorandum in Support to Motion to Intervene to Modify Protective Order and Obtain Discovery #169 . Filed by STEVEN J. RUSSELL. (Kramer, David) (Main Document 177 replaced on 10/16/2020) (cw).
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Filing 176
Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 11/16/2020 at 03:30PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 175
Declaration of Greg Chaimov . Filed by All Plaintiffs. (Related document(s): Response to Motion #174 .) (Chaimov, Gregory)
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Filing 174
Response to Motion to Intervene to Modify Protective Order and Obtain Discovery #169 . Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 173
Declaration of John Jaeger in Support of Defendants' Response in Opposition to Steven J. Russell's Motion to Intervene to Modify Protective Order and Obtain Discovery. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Response in Opposition to Motion #171 .) (Wilson, Harry)
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Filing 172
Declaration of James Smith in Support of Defendants' Response in Opposition to Steven J. Russell's Motion to Intervene to Modify Protective Order and Obtain Discovery. Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Related document(s): Response in Opposition to Motion #171 .) (Wilson, Harry)
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Filing 171
Response in Opposition to Motion to Intervene to Modify Protective Order and Obtain Discovery #169 . Filed by Kate Brown, Rebecca Jones Gaston, Oregon Dept. of Human Services, Fariborz Pakseresht. (Wilson, Harry)
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Filing 170
Declaration of David L. Kramer with attached Exhibit "A". Filed by STEVEN J. RUSSELL. (Related document(s): Motion to intervene #169 .) (Kramer, David)
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Filing 169
Motion to Intervene to Modify Protective Order and Obtain Discovery. Filed by STEVEN J. RUSSELL. (Kramer, David)
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Filing 168
Reply to Motion to Exclude Expert Testimony #114 . Filed by All Defendants. (Wilson, Harry)
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Filing 167
Reply to Motion to Dismiss Moot Claims #108 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Joyce, Anna)
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Filing 166
Declaration of Greg Scott in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Joyce, Anna)
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Filing 165
Reply to Motion to Dismiss Moot Claims #108 . Filed by All Defendants. (Joyce, Anna)
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Filing 164
Exhibits 3 to Lowry Declaration re Response in Opposition to Motion #160 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 163
Exhibits Exhibit 5 to Lowry Declaration re Response in Opposition to Motion #160 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 162
Notice of Appearance of Paul J.C. Southwick appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Southwick, Paul)
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Filing 161
Declaration of Marcia Lowry . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #160 .) (Attachments: #1 Exhibit 1-11) (Chaimov, Gregory)
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Filing 160
Response in Opposition to Motion to Exclude Expert Testimony #114 Oral Argument requested. Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 159
Declaration of Thomas Stenson . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #158 .) (Attachments: #1 Exhibit 1-3) (Chaimov, Gregory)
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Filing 158
Response in Opposition to Motion to Dismiss Moot Claims #109 , Motion to Dismiss Moot Claims #108 Oral Argument requested. Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 157
Notice of Appearance of Vivek A. Kothari appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Kothari, Vivek)
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Filing 156
Notice of Attorney Withdrawal: for Paul C. Southwick Filed by All Plaintiffs. (Southwick, Paul)
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Filing 155
ORDER: Granting Unopposed Motion for Leave to File an Overlength Brief for Defendants' Opposition to Plaintiffs' Motion to Certify as Class Action #107 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 154
Exhibits 1 to Declaration of Rosemary Iavenditti in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 153
Declaration of Rosemary Iavenditti in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 152
Declaration of Lacey Andresen in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 151
Declaration of Heidi Beaubriand in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Joyce, Anna)
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Filing 150
Declaration of Jessica Bull in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 149
Declaration of Jessica Bull in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 148
Declaration of Julie Shaffer in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 147
Declaration of Julie Shaffer in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 146
Declaration of Timothy Kenney in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 145
Declaration of Timothy Kenney in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 144
Exhibits 1 to Declaration of Julie Collins, MSW LCSW in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 143
Declaration of Julie Collins, MSW LCSW in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 142
Exhibits 1 to Declaration of Kevin E. Cahill, Ph.D. in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 141
Declaration of Kevin E. Cahill, Ph.D. in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Attachments: #1 Exhibit 1) (Joyce, Anna)
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Filing 140
Exhibits 15, 18, 22, and 45 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 15, #2 Exhibit 18, #3 Exhibit 22, #4 Exhibit 45) (Joyce, Anna)
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Filing 139
Exhibits 36-46 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 36, #2 Exhibit 37, #3 Exhibit 38, #4 Exhibit 39, #5 Exhibit 40, #6 Exhibit 41, #7 Exhibit 42, #8 Exhibit 43, #9 Exhibit 44, #10 Exhibit 45, #11 Exhibit 46) (Joyce, Anna)
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Filing 138
Exhibits 31-35 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35) (Joyce, Anna)
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Filing 137
Exhibits 30, part 2 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 30, part 4, #2 Exhibit 30, part 5, #3 Exhibit 30, part 6, #4 Exhibit 30, part 7) (Joyce, Anna)
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Filing 136
Exhibits 30, part 1 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 30, part 1, #2 Exhibit 30, part 2, #3 Exhibit 30, part 3) (Joyce, Anna)
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Filing 135
Exhibits 21-29 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29) (Joyce, Anna)
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Filing 134
Exhibits 16-20 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20) (Joyce, Anna)
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Filing 133
Exhibits 7-15 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15) (Joyce, Anna)
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Filing 132
Exhibits 6 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 6, part 1, #2 Exhibit 6, part 2) (Joyce, Anna)
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Filing 131
Exhibits 5 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 5, part 1, #2 Exhibit 5, part 2) (Joyce, Anna)
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Filing 130
Exhibits 2-4 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4) (Joyce, Anna)
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Filing 129
Exhibits 1 to Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . Filed by All Defendants. (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 1, part 3, #4 Exhibit 1, part 4) (Joyce, Anna)
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Filing 128
Declaration of Anna M. Joyce in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (Joyce, Anna)
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Filing 127
Exhibits 8 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 8, part 1, #2 Exhibit 8, part 2, #3 Exhibit 8, part 3, #4 Exhibit 8, part 4, #5 Exhibit 8, part 5, #6 Exhibit 8, part 6) (Joyce, Anna)
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Filing 126
Exhibits 7 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 7) (Joyce, Anna)
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Filing 125
Exhibits 6 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 6, part 1, #2 Exhibit 6, part 2, #3 Exhibit 6, part 3, #4 Exhibit 6, part 4, #5 Exhibit 6, part 5, #6 Exhibit 6, part 6, #7 Exhibit 6, part 7, #8 Exhibit 6, part 8, #9 Exhibit 6, part 9) (Joyce, Anna)
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Filing 124
Exhibits 5 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 5, part 1, #2 Exhibit 5, part 2) (Joyce, Anna)
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Filing 123
Exhibits 4 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 4, part 1, #2 Exhibit 4, part 2, #3 Exhibit 4, part 3, #4 Exhibit 4, part 4, #5 Exhibit 4, part 5, #6 Exhibit 4, part 6) (Joyce, Anna)
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Filing 122
Exhibits 3 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 3, part 1, #2 Exhibit 3, part 2, #3 Exhibit 3, part 3, #4 Exhibit 3, part 4, #5 Exhibit 3, part 5, #6 Exhibit 3, part 6) (Joyce, Anna)
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Filing 121
Exhibits 2 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 2, part 1, #2 Exhibit 2, part 2, #3 Exhibit 2, part 3, #4 Exhibit 2, part 4, #5 Exhibit 2, part 5) (Joyce, Anna)
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Filing 120
Exhibits 1 to Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action re Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 1, part 3) (Joyce, Anna)
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Filing 119
Declaration of Shawnna Bennett in Support of Defendants Opposition to Plaintiffs Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion to certify class #64 .) (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) (Joyce, Anna)
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Filing 118
Response in Opposition to Motion to Certify the Class #64 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Joyce, Anna)
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Filing 117
Response in Opposition to Motion to Certify the Class #64 . Filed by All Defendants. (Joyce, Anna)
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Filing 116
Exhibits 3-4 to Declaration of Lauren F. Blaesing re Motion to Exclude Expert Testimony #114 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit) (Joyce, Anna)
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Filing 115
Declaration of Lauren F. Blaesing in Support of Motion to Exclude Expert Testimony. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #114 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Joyce, Anna)
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Filing 114
Motion to Exclude Expert Testimony. Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
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Filing 113
Declaration of Shawnna Bennett in Support of Defendants' Motion to Dismiss Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #109 .) (Attachments: #1 Exhibit) (Joyce, Anna)
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Filing 112
Declaration of Shawnna Bennett in Support of Defendants' Motion to Dismiss Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Attachments: #1 Exhibit) (Joyce, Anna)
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Filing 111
Declaration of Lauren F. Blaesing in Support of Defendants' Motion to Dismiss Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion to Dismiss #109 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Joyce, Anna)
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Filing 110
Declaration of Lauren F. Blaesing In Support of Defendants' Motion to Dismiss Moot Claims. Filed by All Defendants. (Related document(s): Motion to Dismiss #108 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Joyce, Anna)
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Filing 109
Motion to Dismiss Moot Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
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Filing 108
Motion to Dismiss Moot Claims. Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
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Filing 107
Unopposed Motion for Leave to File an Overlength Brief for Defendants' Opposition to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Blaesing, Lauren)
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Filing 106
Response to Plaintiffs' Notice of Supplemental Authority re Defendants' Motion to Dismiss. Filed by All Defendants. (Related document(s): Notice #104 .) (Joyce, Anna)
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Filing 105
Scheduling Order by Judge Ann L. Aiken. Pursuant to the parties' correspondence with the Court regarding Motion to Certify the Class #64 , defendants are to file their response by 8/3/2020 and plaintiffs are to file their reply by 9/3/2020. Motion is taken under advisement as of 9/8/2020. Ordered by Judge Ann L. Aiken. (ck)
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Filing 104
Notice of Supplemental Authority in Support of Opposition to Defendants' Motion to Dismiss Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Southwick, Paul)
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Filing 103
Scheduling Order by Judge Ann L. Aiken. Pursuant to the parties' correspondence with the Court regarding Motion to Certify the Class #64 , defendants are to file their response by 7/1/2020 and plaintiffs are to file their reply by 8/3/2020. Motion is taken under advisement as of 8/10/2020. Ordered by Judge Ann L. Aiken. (ck)
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Filing 102
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Rule 16 Conference held on 2/24/2020 before Judge Ann L. Aiken, 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/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/24/2020. Redaction Request due 4/7/2020. Redacted Transcript Deadline set for 4/17/2020. Release of Transcript Restriction set for 6/15/2020. (White, Ryan)
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Filing 101
Transcript Designation and Order Form for the hearing held on 02-24-2020 before Judge Hon. Aiken. . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 100
Transcript Designation and Order Form for the hearing held on February 24, 2020 before Judge Aiken. Court Reporter: Ryan White. . Filed by All Defendants. (Blaesing, Lauren)
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Filing 99
MINUTES of Proceedings: Rule 16 Conference held on 2/24/2020. Formal order with case deadlines to follow. Marcia Robinson Lowry, Dawn J. Post, Andrew McStay, and Thomas Stenson present as counsel for plaintiffs. David B. Markowitz, Lauren F. Blaesing, and Harry B. Wilson present as counsel for defendants. Court Reporter: Ryan White. Judge Ann L. Aiken presiding. (pvh)
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Filing 98
Declaration of Dawn J. Post . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #90 .) (Stenson, Thomas) Modified on 2/26/2020, to add name for declaration. (cw).
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Filing 97
Reply to Motion to Amend/Correct Scheduling Order and Supporting Memorandum Scheduling,,, 41 #90 . Filed by All Plaintiffs. (Stenson, Thomas)
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Filing 96
Scheduling Order by Judge Ann L. Aiken. Rule 16 Conference is set for 2/24/2020 at 10:00AM in Portland Courtroom 12A before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 95
Notice of Correction by Clerk regarding #94 Response in Opposition to Motion. A Clerical error has been discovered in the case record: The incorrect PDF was attached. 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 94
Response in Opposition to Motion to Redact Transcript of Proceedings,, #82 Motion to Redact Additional Information #86 . Filed by All Plaintiffs. (Stenson, Thomas) (Main Document 94 replaced on 2/19/2020) (cw).
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Filing 93
Declaration of Greg A. Scott in Support of Defendants' Combined Reply in Support of Motion for Extension of Time to Respond to Plaintiffs' Motion to Certify as Class Action and Response to Cross-Motion to Amend Scheduling Order. Filed by All Defendants. (Related document(s): Motion to Amend/Correct #90 , Motion for Extension of Time to File Response/Reply to a Motion #83 .) (Blaesing, Lauren)
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Filing 92
Reply in Support of Motion for Extension of Time to Respond to Plaintiffs' Motion to Certify as Class Action and Response to Cross-Motion to Amend Scheduling Order to Motion to Amend/Correct Scheduling Order and Supporting Memorandum Scheduling,,, 41 #90 , Motion for Extension of Time to File a Response/Reply to Plaintiffs' Motion to Certify as Class Action to Motion to Certify the Class #64 #83 . Filed by All Defendants. (Blaesing, Lauren)
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Filing 91
Declaration of Dawn J. Post in Support of Plaintiffs' Cross-Motion to Amend Scheduling Order, and Supporting Memorandum. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #90 .) (Attachments: #1 Exhibit 1-8) (Southwick, Paul)
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Filing 90
Motion to Amend/Correct Scheduling Order and Supporting Memorandum Scheduling,,, 41 . Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 89
Declaration of Dawn J. Post in Support of Opposition to Defendants' Motion for An Extension. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #88 .) (Attachments: #1 Exhibit 1-14) (Southwick, Paul)
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Filing 88
Response in Opposition to Motion for Extension of Time to File a Response/Reply to Plaintiffs' Motion to Certify as Class Action to Motion to Certify the Class #64 #83 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 87
REDACTED TRANSCRIPT OF PROCEEDINGS FILED for date of 12/18/2019 before Judge Aiken, Court Reporter Jan Duiven, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. (jd)
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Filing 86
Motion to Redact Transcript of Proceedings,, #82 Motion to Redact Additional Information. Filed by All Defendants. (Blaesing, Lauren)
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Filing 85
Notice of Intent to Redact Transcript by Lauren F. Blaesing re Transcript of Proceedings,, #82 Filed by on behalf of All Defendants. (Related document(s): Transcript of Proceedings,, #82 .) (Blaesing, Lauren)
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Filing 84
Declaration of Lauren F. Blaesing in Support of Defendants' Opposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Certify as Class Action. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #83 .) (Blaesing, Lauren)
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Filing 83
Motion for Extension of Time to File a Response/Reply to Plaintiffs' Motion to Certify as Class Action to Motion to Certify the Class #64 . Expedited Hearing requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 82
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on 12/18/2019 before Judge Aiken, Court Reporter Jan Duiven, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/28/2020. Redaction Request due 2/11/2020. Redacted Transcript Deadline set for 2/21/2020. Release of Transcript Restriction set for 4/20/2020. (jd)
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Filing 81
Transcript Designation and Order Form for the hearing held on 12/18/2019 before Judge Aiken. Court Reporter: Jan Duiven. . Filed by All Defendants. (Blaesing, Lauren)
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Filing 80
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken regarding permanently sealing Exhibit 3 to the Declaration of Marcia Robinson Lowry #67 . The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Opinion to follow. Dawn Post, Marcia Lowry, Thomas Stenson present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Sheila Potter, Anit Jindal present as counsel for defendants. Court Reporter: Jan Duiven. (ck)
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Filing 79
ORDER: Having considered the parties' submissions, and to the extent that requests are not moot, plaintiffs' Motion for Extension of Time and Page Limitations #59 is GRANTED. Defendants' Motion for Abatement #61 is DENIED. To date, the parties have moved forward expeditiously with discovery and briefing, and the Court finds no good cause at present to stay the current stipulated deadlines. A separate order on the pending dispositive motion shall be issued prior to the close of briefing on the Motion to Certify the Class. Ordered on 12/17/2019 by Judge Ann L. Aiken. (rdr)
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Filing 78
ORDER: Granting Stipulated Motion to Substitute a Party and Change Case Caption #58 . Jana McLellan, the Interim Director of Child Welfare at the Oregon Department of Human Services is replaced by Rebecca Jones Gaston, Director of Child Welfare at the Oregon Department of Human Services. Ordered by Judge Ann L. Aiken. (ck)
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Filing 77
Declaration of Dawn J. Post in support of Plaintiffs' Opposition to Defendants' Motionto Permanently Seal Exhibit 3. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #76 .) (Attachments: #1 Exhibit 1-7) (Southwick, Paul)
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Filing 76
Response in Opposition to Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version #75 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 75
Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Joyce, Anna)
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Filing 74
Declaration of Rebecca K. Dodd In Support of Defendants' Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Related document(s): Motion - Miscellaneous, #72 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Joyce, Anna)
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Filing 73
Declaration of Lauren F. Blaesing In Support of Defendants' Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Related document(s): Motion - Miscellaneous, #72 .) (Attachments: #1 Exhibit, #2 Exhibit) (Joyce, Anna)
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Filing 72
Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Joyce, Anna)
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Filing 71
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 12/18/2019 at 09:30AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck)
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Filing 70
ORDER: Exhibits 1-7 attached to document #67 shall be sealed pending an in camera review . Ordered by Judge Ann L. Aiken. (ck) Modified to add document number on 12/11/2019 (ck).
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Filing 69
Declaration of Dawn J. Post in support of Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #64 .) (Southwick, Paul)
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Filing 68
Notice of Correction by Clerk regarding #67 Declaration (Exhibits 1-7). A Clerical error has been discovered in the case record: Exhibits 1-7 contained personal identifier information and required redaction. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment (attachment 1 - Exhibits 1-7).The Notice of Electronic Filing will be regenerated to all parties. (cw)
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Filing 67
Declaration of Marcia Robinson Lowry in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class #64 .) (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-10, #3 Exhibit 11-16, #4 Exhibit 17-21, #5 Exhibit 22-26, #6 Exhibit 27-31) (Southwick, Paul) (Attachment 1 replaced on 12/11/2019) (cw).
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Filing 66
Declaration of Thomas Stenson in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class #64 .) (Southwick, Paul)
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Filing 65
Declaration of Amy Miller in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class #64 .) (Southwick, Paul)
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Filing 64
Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Proposed Order) (Southwick, Paul)
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Filing 63
Response in Opposition to Motion for an Abatement of the Class Certification Schedule and Response to Plaintiff's Motion for an Extension #61 . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 62
Declaration of Greg Scott . Filed by All Defendants. (Related document(s): Motion - Miscellaneous #61 .) (Wilson, Harry)
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Filing 61
Motion for an Abatement of the Class Certification Schedule and Response to Plaintiff's Motion for an Extension. Oral Argument requested. Filed by All Defendants. (Wilson, Harry)
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Filing 60
Declaration of Marcia Robinson Lowry in support of Plaintiffs' Motion for Extension of Time and Page Limitations for Motion for Class Certification and Supporting Memorandum. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time #59 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Southwick, Paul)
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Filing 59
Motion for Extension of Time and Page Limitations for Motion for Class Certification and Supporting Memorandum. Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 58
Stipulated Motion to Substitute a Party and Change Case Caption. Filed by All Defendants. (Blaesing, Lauren)
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Filing 57
Transcript Designation and Order Form for the hearing held on October 1, 2019 before Judge Thomas M. Coffin. Court Reporter: Deborah Cook. . Filed by All Defendants. (Blaesing, Lauren)
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Filing 56
ORDER: Granting Unopposed Motion for Extension of Time to file Motion for Class Certification #55 . Motion for class certification is due by 12/2/2019. Defendants' opposition to class certification is due by 3/2/2020. Plaintiffs' reply in support of class certification is due by 3/16/2020. Ordered by Judge Ann L. Aiken. (ck)
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Filing 55
Unopposed Motion for Extension of Time to file Motion for Class Certification. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 54
MINUTES of Proceedings: Telephonic Status Conference held before Magistrate Judge Thomas M. Coffin. The Court orders the parties to proceed with depositions of the minor plaintiffs' next friends as scheduled. Once completed, the Court shall address any remaining discovery issues dealing with the production of records from the next friends. Plaintiffs are not required to turn over any of the files discussed during the hearing at this time. Further, as discussed on the record, plaintiffs are not required to convey a related privilege log to defendants until after depositions are completed. The parties shall communicate with Judge Aiken's Chambers to submit any further disputes or schedule hearings with this Court. Dawn Post, Emily Cooper, Thomas Stenson present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Sheila Potter, Elleanor Chin present as counsel for defendants. Court Reporter: Deborah Cook. (ck)
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Filing 53
Scheduling Order by Magistrate Judge Thomas M. Coffin. Telephonic Status Conference is set for 10/1/2019 at 11:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. The parties shall call in to the conference. Conference call information will be provided in a separate entry. Ordered by Magistrate Judge Thomas M. Coffin. (ck)
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Filing 52
Order. The discovery dispute submitted by the parties through joint letter on September 23, 2019, is referred to Magistrate Judge Thomas Coffin for hearing and disposition. Ordered on 9/25/2019 by Judge Ann L. Aiken. (rdr)
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Filing 51
ORDER: The Court has reviewed the parties' September 6, 2019 letter regarding their most recent discovery dispute. Having considered the arguments presented, and noting that defendants' representation that they will agree to extend other case deadlines as necessary, the Court orders that the deposition currently scheduled for September 16, 2019 be continued to a new date. The parties shall confer and set a mutually agreed upon date for the deposition to take place within thirty days of this order. The Court will set prompt status conferences to deal with any further disputes. The Court DENIES defendant's Motion for a Protective Order as moot #48 . Ordered on 9/12/2019 by Judge Ann L. Aiken. (rdr) Modified on 9/12/2019 to correct a transcription error. (rdr).
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Filing 50
Amended Stipulated Protective Order. Signed on 9/12/2019 by Judge Ann L. Aiken. (plb)
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Filing 49
Order and Opinion. The total number of hours for non-expert deposition testimony is set initially at 100 hours per side. The Court will enter an Amended Protective Order which shall not change the agreed procedures for designation of information as confidential or AEO. The amended order shall allow the parties to use information derived from confidential reports in public filings in this litigation. Signed on 9/12/2019 by Judge Ann L. Aiken. (plb)
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Filing 48
Motion for Protective Order and Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by All Defendants. (Blaesing, Lauren)
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Filing 47
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The disputed case management issues are discussed as stated on the record. The Court takes the matters of a protective order and the total number of hours for non-expert depositions per side under advisement. Formal Written Order to follow. Dawn Post, Marcia Lowry, Emily Cooper, Paul Southwick, Thomas Stenson present as counsel for plaintiffs. Anna Joyce, David Markowitz, Sheila Potter present as counsel for defendants. Court Reporter: Deborah Cook. (ck)
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Filing 46
Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain #31 #37 . Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 45
Reply in Support of to Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain #31 . Filed by All Defendants. (Joyce, Anna)
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Filing 44
Response in Opposition to Plaintiff's Motion to Strike to Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain #31 #37 . Filed by All Defendants. (Joyce, Anna)
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Filing 43
ORDER: Granting Unopposed Motion to Correct Caption #42 . Defendant Fairborz Pakseresht will be corrected to Fariborz Pakseresht. Ordered by Judge Ann L. Aiken. (ck)
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Filing 42
Unopposed Motion to Correct Caption. Filed by All Defendants. (Joyce, Anna)
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Filing 41
Scheduling Order by Judge Ann L. Aiken. The Court is in receipt of the parties' Joint Status Report and Discovery Plan #28 and adopts the proposed deadlines as follows: Motion for class certification is due by 10/8/2019. Defendants' opposition to class certification is due by 12/6/2019. Plaintiffs' reply in support of class certification is due by 12/20/2019. Discovery is to be completed by 4/1/2020. Expert reports are to be exchanged by 6/3/2020. Expert response reports are to be exchanged by 7/1/2020. Expert Discovery is to be completed by 7/15/2020. Dispositive Motions are due by 8/7/2020. Responses to Dispositive Motions are due by 8/28/2020. Replies to Dispositive Motions are due by 9/11/2020. Ordered by Judge Ann L. Aiken. (ck)
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Filing 40
ORDER: Granting Stipulated Motion for a Protective Order #39 . Signed on 8/15/2019 by Judge Ann L. Aiken. (ck)
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Filing 39
Stipulated Motion for Protective Order Stipulated Protective Order. Filed by All Defendants. (Blaesing, Lauren)
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Filing 38
Joint Status Report and Discovery Plan. Filed by All Defendants. (Blaesing, Lauren)
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Filing 37
Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain #31 . Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 36
SCHEDULING ORDER by Judge Acosta - STRIKING the Settlement Conference date of 8/12/19, from Judge Acosta's calendar, as the parties do not wish to proceed in that direction at this time. (peg)
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Filing 35
Response to Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain #31 . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (Southwick, Paul)
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Filing 34
Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Kate Brown, Jana McLellan, Oregon Dept. of Human Services, Fairborz Pakseresht. (Blaesing, Lauren)
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Filing 33
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The parties report that their Rule 26(f) conference is scheduled for 7/30/2019 and they are planning on a trial date in October, 2020. The parties shall submit a joint proposed scheduling order for the Court's review. A further Telephonic Status Conference is set for 9/6/2019 at 09:15AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Dawn Post, Gregory Chaimov, Marcia Lowry, Emily Cooper present as counsel for plaintiffs. Carla Scott, David Markowitz, Laura Salerno Owens, Lauren Blaesing, Elleanor Chin present as counsel for defendants. Court Reporter: Sara Wilson. (ck)
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Filing 32
Declaration of Anna M. Joyce in Support of Motion to Dismiss or, in the Alternative, to Make More Definite and Certain. Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim,, Motion for more definite statement, #31 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Anna)
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Filing 31
Motion to Dismiss for Failure to State a Claim , Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain. Oral Argument requested. Filed by All Defendants. (Joyce, Anna)
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Filing 30
ORDER: Granting Stipulated Motion to Substitute a Party and Change Case Caption #29 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 29
Stipulated Motion to Substitute a Party and Change Case Caption. Filed by All Defendants. (Joyce, Anna)
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Filing 28
Notice of Change of Address Filed by All Defendants. (Blaesing, Lauren)
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Filing 27
Notice of Association of Attorney Carla Scott,Sheila H. Potter for Kate Brown,Sheila H. Potter for Fairborz Pakseresht,Sheila H. Potter for Oregon Dept. of Human Services,Sheila H. Potter for Marilyn Jones. Filed by Kate Brown, Fairborz Pakseresht, Oregon Dept. of Human Services, Marilyn Jones. (Scott, Carla)
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Filing 26
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 7/29/2019 at 09:30AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. The parties are directed to file a Joint Status Report by 7/25/2019. Ordered by Judge Ann L. Aiken. (ck)
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Filing 25
MINUTES of Proceedings: Second settlement conference session held by Judge Acosta. Case does not settle at this time. The third settlement conference session scheduled for July 12, 2019, is cancelled. The court will keep on its calendar the fourth settlement conference session scheduled for August 12, 2019, should the parties wish to reconvene at that time. Emily Cooper, Paul Southwick, Tom Stenson, Greg Chaimov, Marcia Lowry, Dawn Post and Chris Shank present as counsel for plaintiff(s). Lauren Blaesing, David Markowitz, Dustin Buehler, Carla Scott, Laura Salerno Owens, Joanne Southey and Sheila Potter present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) Modified on 7/12/2019 to correct duplicative initial entry.(peg)
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Filing 24
MINUTES of Proceedings: Initial Settlement Conference held by Judge Acosta. ORDER: Additional Settlement Conference dates set for 7/11/19, 7/12/19 and 8/12/19, all starting at 9:00AM. Emily Cooper, Paul Southwick, Tom Stenson, Greg Chaimov, Marcia Lowry, Dawn Post present as counsel for plaintiff(s). Lauren Blaesing, David Markowitz, Dustin Buehler, Carla Scott, Laura Salerno Owens, Joanne Southey, Sheila Potter present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg)
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Filing 23
ORDER: Granting Unopposed Motion for Extension of Time to Answer #22 . Answer is due by 7/25/2019. Ordered by Judge Ann L. Aiken. (ck)
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Filing 22
Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint, and Supporting Memorandum Complaint, #1 . Expedited Hearing requested. Filed by All Defendants. (Markowitz, David)
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Filing 21
Notice of Appearance of Lauren F. Blaesing appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Blaesing, Lauren)
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Filing 20
Notice of Appearance of Harry B. Wilson appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Wilson, Harry)
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Filing 19
Notice of Appearance of Anna Marie Joyce appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Joyce, Anna)
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Filing 18
Notice of Appearance of Laura R. Salerno Owens appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Salerno Owens, Laura)
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Filing 17
Notice of Appearance of David B. Markowitz appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Markowitz, David)
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Filing 16
SCHEDULING ORDER by Judge Acosta - SETTING an initial Settlement Conference for Monday, June 24, 2019, in Judge Acosta's chambers on the 11th floor of the Mark O. Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204; Plaintiffs to arrive at 9:00AM and Defendants at 9:45AM. Subsequent sessions are reserved for a 9:00AM start times on Thursday, July 11th, Friday, July 12th, and Monday, August 12th. (peg)
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Filing 15
Notification of CM/ECF Account for Anastasia Benedetto (Pro Hac Vice admission). Your login is: abenedetto. Go to #the CM/ECF login page to set your password. (ck)
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Filing 14
ORDER: Granting Application for Special Admission Pro Hac Vice of Anastasia Benedetto for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5839007 issued. Signed on 5/6/2019 by Judge Ann L. Aiken. (ck)
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Filing 13
Notification of CM/ECF Account for Marcia Robinson Lowry (Pro Hac Vice admission). Your login is: mrlowry. Go to #the CM/ECF login page to set your password. (ck)
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Filing 12
ORDER: Granting Application for Special Admission Pro Hac Vice of Marcia Robinson Lowry for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5838991 issued. Signed on 5/6/2019 by Judge Ann L. Aiken. (ck)
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Filing 11
Notification of CM/ECF Account for Dawn J. Post (Pro Hac Vice admission). Your login is: djpost. Go to #the CM/ECF login page to set your password. (ck)
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Filing 10
ORDER: Granting Application for Special Admission Pro Hac Vice of Dawn J. Post for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5838970 issued. Signed on 5/3/2019 by Judge Ann L. Aiken. (ck)
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Filing 9
Motion for Leave to Appear Pro Hac Vice for Attorney Anastasia Benedetto . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5839007. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 8
Motion for Leave to Appear Pro Hac Vice for Attorney Marcia Robinson Lowry . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5838991. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 7
Motion for Leave to Appear Pro Hac Vice for Attorney Dawn Post . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5838970. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 6
Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Chaimov, Gregory)
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Filing 5
Notice of Appearance of Carla Scott appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Scott, Carla)
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Filing 4
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 8/14/2019. Joint Alternate Dispute Resolution Report is due by 9/13/2019. Pretrial Order is due by 9/13/2019. Ordered by Judge Ann L. Aiken. (bd)
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Filing 3
CASE MANAGEMENT ORDER. Signed on 4/16/2019 by Judge Ann L. Aiken. (ck)
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Filing 2
Civil Cover Sheet regarding Complaint, #1 . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (Southwick, Paul)
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Filing 1
Complaint. (CLASS ACTION COMPLAINT) Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5813152 Jury Trial Requested: No. Filed by Simon S., Kylie R., Ruth T., Naomi B., Noah F., Bernard C., Wyatt B., Alec R., Norman N., Unique L. against Kate Brown, Marilyn Jones, Oregon Dept. of Human Services, Fairborz Pakseresht. (Southwick, Paul)
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