L.O.K et al v. Greater Albany Public School District 8J et al
| L.O.K and Elaine Kelsey |
| Jerrie Elizabeth Matuszak, Greater Albany Public School District 8J, Mark Alan Gullickson, Jerrie Matuszak and Mark Gullickson |
| 6:2020cv00529 |
| March 31, 2020 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Civil Rights: Education |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 93 Jury Notes. (ck) |
| Filing 92 Jury Notes Unredacted Version Filed Under Seal . (ck) |
| Filing 91 Clerks List of Exhibits & Witnesses. (ck) |
| Filing 90 Jury Verdict. (ck) |
| Filing 89 Jury Verdict Unredacted Version Filed Under Seal . (ck) |
| Filing 88 MINUTES of Proceedings: Jury Trial - Day 4 - held before Judge Ann L. Aiken. For the reasons stated on the record, the Court DENIES Plaintiff's Motion for Reconsideration #85 . Jury deliberations continue. The Court responded to a written question by the jury. The jury returned their verdict and it is recited on the record. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass, Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
| Filing 86 Response to Motion for Reconsideration #85 . Filed by All Defendants. (Vickers, Karen) |
| Filing 85 Motion for Reconsideration . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 87 MINUTES of Proceedings: Jury Trial - Day 3 - held before Judge Ann L. Aiken. Evidence adduced and witnesses sworn. (Defendants' Witnesses: Alivia Acker, Jennifer Crow, Jerrie Matuszak). Defendants rest. (Plaintiff recalled Witness: Lior Kelsey) See Clerk's List of Exhibits and Witnesses for exhibits offered and received. Objections made and ruled upon. Closing arguments given by plaintiff and defendants. Jury Instructions and Verdict Form read. Jury deliberations begin. The Court responded to a written question by the jury after conferring with counsel. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass, Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
| Filing 84 MINUTES of Proceedings: Jury Trial - Day 2 - held before Judge Ann L. Aiken. Evidence adduced and witnesses sworn. (Plaintiff Witnesses: Elaine Kelsey, Jerrie Matuszak, Beth Riley, Tafita Andriamalala, Victoria Kelsey). See Clerk's List of Exhibits and Witnesses for exhibits offered and received. Objections made and ruled upon. Plaintiff rests. Defendants' oral motions for qualified immunity and for judgment as a matter of law are DENIED. Jury trial is continued to 9/20/2023. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass, Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
| Filing 83 MINUTES of Proceedings: First Day of Jury Trial held before Judge Ann L. Aiken. The venire panel was sworn. Voir dire held. Objections made and ruled upon. The Jury panel was seated and sworn. Opening Statements were given by the Plaintiff and Defendants. Evidence adduced and witnesses sworn. (Plaintiff Witnesses: Lior Kelsey, Elaine Kelsey) See Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 9/19/2023. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass, Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
Filing 82
Order to Retain Exhibits. Signed on 9/18/2023 by Judge Ann L. Aiken. (ck)
|
| Filing 81 MINUTES of Proceedings: Pretrial Conference held before Judge Ann L. Aiken. The Court GRANTS IN PART and DENIES IN PART Motion in Limine #58 and Motion in Limine #65 as discussed on the record. All exhibits are deemed admitted except Plaintiff's exhibits 3, 5, and 29 are not admitted. The Court reserves ruling on Plaintiff's exhibits 6 and 28. Plaintiff's exhibit 14 is admitted with redactions. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass, Karen Vickers present as counsel for defendants. Court Reporter: Kellie Humiston. (ck) |
| Filing 80 Objection(s) to #57 Jury instructions - Proposed . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 79 Objection(s) to #55 Jury Verdict Form - Proposed , Proposed Jury Verdict Form. Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 78 Objection to Trial Exhibit #66 Objection to Trial Exhibit Response to Defendants' Objection. Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 77 Response to Motion in limine #58 . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 76 Objection(s) to #52 Witness List , Witness List . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 75 Declaration of Karen M. Vickers in Support of Defendants' Response in Opposition to Plaintiff's Motions in Liminte No. 6. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Objection #74 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Vickers, Karen) |
| Filing 74 Objection(s) to #65 Motion in Limine No. 6. Filed by All Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Vickers, Karen) |
| Filing 73 Objection(s) to #65 Motion in Limine . Filed by All Defendants. (Vickers, Karen) |
| Filing 72 Objection(s) to #61 Jury Verdict Form - Proposed . Filed by All Defendants. (Vickers, Karen) |
| Filing 71 Objection(s) to #63 Jury instructions - Proposed . Filed by All Defendants. (Vickers, Karen) |
| Filing 70 Objection(s) to #60 Witness statement . Filed by All Defendants. (Vickers, Karen) |
| Filing 69 Objection(s) to #62 Proposed Voir Dire . Filed by All Defendants. (Vickers, Karen) |
| Filing 68 Notice of Correction by Clerk regarding #63 Jury instructions - Proposed. A Clerical error has been discovered in the case record: The filing was missing a case caption cover page. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw) |
| Filing 67 Trial Memorandum . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 66 Objection to Trial Exhibit #59 Exhibit List . Filed by All Defendants. (Vickers, Karen) |
| Filing 65 Motion in limine . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 64 Objection to Trial Exhibit #53 Exhibit List . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 63 Proposed Jury Instructions . Filed by L.O.K. (Mitchell, Caitlin) (Main Document 63 replaced on 8/30/2023) (cw). |
| Filing 62 Voir Dire . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 61 Proposed Jury Verdict Form. Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 60 Witness Statement . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 59 Exhibit List . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 58 Motion in limine . Oral Argument requested. Filed by All Defendants. (Vickers, Karen) |
| Filing 57 Proposed Jury Instructions . Filed by All Defendants. (Vickers, Karen) |
| Filing 56 Trial Memorandum . Filed by All Defendants. (Vickers, Karen) |
| Filing 55 Proposed Jury Verdict Form. Filed by All Defendants. (Vickers, Karen) |
| Filing 54 Proposed Voir Dire . Filed by All Defendants. (Vickers, Karen) |
| Filing 53 Exhibit List . Filed by All Defendants. (Vickers, Karen) |
| Filing 52 Witness List . Filed by All Defendants. (Vickers, Karen) |
|
Filing 51
Scheduling Order: Pretrial Conference is reset from 9/13/2023 to 9/7/2023 at 10:00AM in Eugene Courtroom 1 before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 50 Joint Proposed Pretrial Order Lodged . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 49 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court sets the following schedule: Pretrial Order is due by 6/2/2023. Pretrial Conference is set for 9/13/2023 at 10:00AM in Eugene Courtroom 1 before Judge Ann L. Aiken. An estimated 5-day Jury Trial is set to begin 9/18/2023 at 09:00AM in Eugene Courtroom 1 before Judge Ann L. Aiken. ORDERED: The parties shall submit proposed voir dire and jury instructions, witness lists (including a time estimate for each witness and a brief description of their testimony), exhibit lists, proposed verdict forms, trial memoranda which shall include an estimate on the total length of the trial, objections to exhibits, and motions in limine no later than 8/28/2023. Proposed verdict forms and jury instructions are to be submitted to the Court on a disc in either Microsoft Word or WordPerfect 10 for Windows (previous versions of WordPerfect are acceptable). Each party shall also submit paper copies of their exhibits to the Court by 8/28/2023. The parties are further ordered to confer regarding exhibits and witnesses and be prepared to discuss related objections at the pretrial conference. Caitlin Mitchell present as counsel for plaintiffs. Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
| Filing 48 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. A further Status Conference is set for 3/13/2023 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiffs. Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
|
Filing 47
Scheduling Order: Status Conference is set for 1/18/2023 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
|
|
Filing 46
Order Referring Case to Mediation. In accordance with LR 16-4, this case is referred to Judge Thomas M. Coffin (Ret.) for mediation. Parties should refer to the webpage at ord.uscourts.gov/adr-program for more information. Signed on 7/20/2022 by Judge Ann L. Aiken. (ck)
|
| Filing 45 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court refers this matter to Mediator Thomas M. Coffin for a settlement conference. The parties are directed to contact Paul Bruch at Paul_Bruch@ord.uscourts.gov or 503-326-8090 for scheduling. Caitlin Mitchell present as counsel for plaintiff. Karen Vickers present as counsel for defendants. Court Reporter: Kendra Steppler. (ck) |
|
Filing 44
Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 7/20/2022 at 01:30PM in Eugene by telephone before Judge Ann L. Aiken. All current pretrial deadlines are VACATED and a new schedule will be discussed at the status conference. Ordered by Judge Ann L. Aiken. (ck)
|
|
Filing 43
ORDER: Defendants' Motion for Summary Judgment #28 is GRANTED in part and DENIED in part. Plaintiff's claim under ORS 659.852 and Plaintiff's claim for retaliation under Title IX, as well as Plaintiff's claim for punitive damages under ORS 659.850 are conceded and so DISMISSED. Plaintiff's claims against the District and Defendant Gullickson for violation of Plaintiff's equal protection rights are DISMISSED. Plaintiff's claim for punitive damages under Title IX is DISMISSED. Defendants' motion is otherwise DENIED. Plaintiff's Motion to Unseal a Document #41 is GRANTED and Defendants' Motion #28 and Reply #39 shall be unsealed. Defendants are directed to submit redacted versions of their supporting exhibits #29 , #40 with appropriate redactions to obscure the names of minors. Signed on 6/28/2022 by Judge Ann L. Aiken. (ck)
|
| Filing 42 Response in Opposition to Motion to Unseal a Document Exhibit 7 [37-7], Def's Reply Brief #39 and Motion for Summary Judgment #28 #41 . Filed by All Defendants. (Vickers, Karen) |
| Filing 41 Motion to Unseal a Document Exhibit 7 [37-7], Def's Reply Brief #39 and Motion for Summary Judgment #28 . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 40 Declaration of Karen M. Vickers . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Reply to Motion #39 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Vickers, Karen) |
| Filing 39 Reply to Motion for Summary Judgment #28 . Filed by All Defendants. (Vickers, Karen) |
| Filing 37 Declaration of Caitlin Mitchell . Filed by L.O.K. (Related document(s): Response to Motion #33 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit (Filed under seal pursuant to the Court's Protective Order), #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit) (Mitchell, Caitlin) Modified on 8/12/2021, to seal Exhibit 7 (cw). |
| Filing 36 Declaration of Beth Riley . Filed by L.O.K. (Related document(s): Response to Motion #33 .) (Mitchell, Caitlin) |
| Filing 35 Declaration of Elaine Kelsey . Filed by L.O.K. (Related document(s): Response to Motion #33 .) (Mitchell, Caitlin) |
| Filing 34 Declaration of LOK . Filed by L.O.K. (Related document(s): Response to Motion #33 .) (Mitchell, Caitlin) |
| Filing 33 Response to Motion for Summary Judgment #28 Oral Argument requested. Filed by L.O.K. (Mitchell, Caitlin) |
|
Filing 32
ORDER: Granting #30 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment #28 . Response is due by 8/12/2021. Motion is taken under advisement as of 8/30/2021. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 31 Declaration of Caitlin Mitchell . Filed by L.O.K. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #30 .) (Mitchell, Caitlin) |
| Filing 30 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #28 . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 29 Declaration of Karen M. Vickers . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Related document(s): Motion for Summary Judgment #28 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Vickers, Karen) |
| Filing 28 Motion for Summary Judgment . Oral Argument requested. Filed by All Defendants. (Vickers, Karen) |
|
Filing 27
ORDER: Granting Unopposed Motion for Extension of Time #26 . Dispositive Motions are due by 7/15/2021. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 26 Unopposed Motion for Extension of Time of Dispositive Motion Deadline. Filed by All Defendants. (Vickers, Karen) |
| Filing 25 Joint ADR Report . Filed by L.O.K.(Mitchell, Caitlin) |
|
Filing 24
ORDER: The Court has reviewed the other emails between Defendants and a confidential recipient withheld under a claim of attorney-client and work product privilege. Upon review, the Court concludes that neither privilege applies, and Defendants are directed to produce the withheld material. The Court acknowledges the personal and potentially sensitive nature of the material in these communications and nothing in this Order should be construed as limiting Defendants' ability to produce those materials subject to the additional protections of the stipulated protective order in this case. Finally, as discussed at the status conference, the Court orders that Defendants produce the records sought by Plaintiff from the school district's SWIS system, subject to the terms of the stipulated protective order in this case. Signed on 5/3/2021 by Judge Ann L. Aiken. (ck)
|
| Filing 23 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court hears argument on the parties' discovery disputes and orders that the materials described on the record be submitted to the Court for in-camera review by 4/30/2021. Formal Written Opinion to follow. Caitlin Mitchell, Jennifer Middleton present as counsel for plaintiff. Beth Plass present as counsel for defendants. Court Reporter: Kelly Polvi. (ck) |
|
Filing 22
Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 4/28/2021 at 02:30PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
|
|
Filing 21
ORDER: Granting Unopposed Motion for Extension of Discovery & PTO Deadlines #19 . Fact discovery, expert disclosures, and Joint ADR Report shall be completed by 5/1/2021. Dispositive Motions are due by 6/15/2021. Supplemental Trial Expert Disclosure and Pretrial Order are due 30 days following the Court's ruling on any Dispositive Motions. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 20 Declaration of Caitlin Mitchell . Filed by L.O.K. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #19 .) (Mitchell, Caitlin) |
| Filing 19 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 18 Notice of Change of Address. Filed by All Defendants. (Vickers, Karen) |
|
Filing 17
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #15 . Fact Discovery, Expert Disclosures, and Joint Alternate Dispute Resolution Report are due by 3/1/2021. Dispositive Motions are due by 4/15/2021. Supplemental Trial Expert Disclosure and Pretrial Order are due 30 days following the Court's ruling on any Dispositive Motions. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 16 Declaration of Karen M. Vickers . Filed by All Defendants. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #15 .) (Vickers, Karen) |
| Filing 15 Motion for Extension of Discovery & PTO Deadlines and case management deadlines. Filed by All Defendants. (Vickers, Karen) |
|
Filing 14
ORDER: Granting Motion for a Protective Order #12 . Signed on 9/11/2020 by Judge Ann L. Aiken. (ck)
|
| Filing 13 Declaration of Caitlin Mitchell . Filed by L.O.K. (Related document(s): Motion for Protective Order #12 .) (Attachments: #1 Exhibit Stipulated Protective Order) (Mitchell, Caitlin) |
| Filing 12 Motion for Protective Order . Filed by L.O.K. (Mitchell, Caitlin) |
|
Filing 11
ORDER: Granting Joint Motion for Extension of Time #9 . Discovery and Expert Disclosures are to be completed by 12/1/2020. Joint Alternate Dispute Resolution Report is due by 12/1/2020. Dispositive Motions are due by 1/15/2021. Supplemental Trial Expert Disclosures and Pretrial Order are due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
|
| Filing 10 Declaration of Caitlin Mitchell . Filed by L.O.K. (Related document(s): Motion for Extension of Time #9 .) (Mitchell, Caitlin) |
| Filing 9 Joint Motion for Extension of Time . Filed by L.O.K. (Mitchell, Caitlin) |
| Filing 8 Answer to #3 Amended Complaint . Filed by Jerrie Matuszak, Greater Albany Public School District 8J, Mark Gullickson. (Vickers, Karen) |
| Filing 7 Waiver of Service of Summons Returned Executed by All Defendants. Filed by L.O.K. (Middleton, Jennifer) |
| Filing 6 Summons Issued Electronically as to Greater Albany Public School District 8J, Mark Gullickson, and Jerrie Matuszak. 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. (Attachments: #1 Gullickson, #2 Matuszak) (jw) |
| Filing 5 Amended Proposed Summons Filed by L.O.K. (Middleton, Jennifer) |
|
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 7/31/2020. Joint Alternate Dispute Resolution Report is due by 8/31/2020. Pretrial Order is due by 8/31/2020. Ordered by Judge Ann L. Aiken. (jw)
|
| Filing 3 First Amended Complaint . Filed by L.O.K against All Defendants. (Middleton, Jennifer) |
|
Filing 2
CASE MANAGEMENT ORDER. Signed on 4/1/2020 by Judge Ann L. Aiken. (ck)
|
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6476046 Jury Trial Requested: Yes. Filed by Elaine Kelsey against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons). (Middleton, Jennifer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
