St. Charles Health System, Inc. v. Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO
| St. Charles Health System, Inc. |
| Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO |
| 6:2021cv00304 |
| February 26, 2021 |
| US District Court for the District of Oregon |
| Michael J McShane |
| Labor: Labor/Mgt. Relations |
| None |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: Granting Motion for Extension of Time to File Response to Motion for Imposition of Sanctions #20 and Order to Show Cause #24 . Responses are due by 5/12/2021. Ordered by Judge Michael J. McShane. (cp)
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Filing 32
Motion for Extension of Time to respond to motion for sanctions #20 and order to show cause #24 . Filed by Davis Wright Tremaine, Mark Hutcheson, St. Charles Health System, Inc.. (Barnard, Nellie) Modified on 4/16/2021, to correct docket text and motion type (cw).
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Filing 31
Notice of Appearance of Peter R. Jarvis and Nellie Q. Barnard appearing on behalf of Davis Wright Tremaine, Mark Hutcheson Filed by on behalf of Davis Wright Tremaine, Mark Hutcheson. (Jarvis, Peter) Modified on 4/15/2021, to add text of attorney names (cw).
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Filing 30
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #28 admission requested by attorney Hannah Wigger. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 29
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #27 admission requested by attorney Paul Werner. Filing fee in the amount of $300 collected;. Ordered by Judge Michael J. McShane. (cp)
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Filing 28
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Hannah Wigger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8032918. Filed by St. Charles Health System, Inc.. (Wigger, Hannah)
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Filing 27
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Paul Werner. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8032868. Filed by St. Charles Health System, Inc.. (Werner, Paul)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Paul Werner. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8032868 #27 : Reviewed and Ready for Ruling. (ck)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Hannah Wigger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8032918 #28 : Reviewed and Ready for Ruling. (ck)
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Filing 26
ORDER: The Court's April 7, 2021, order to show cause #27 does not moot Defendant's motion #20 for sanctions. The Motion #23 for Extension of Time to File Response to Motion for Imposition of Sanctions GRANTED. St. Charles Health System, Inc.'s Response to Motion #20 for Imposition of Sanctions is due by 4/21/2021. Ordered by Judge Michael J. McShane. (cw)
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Filing 25
Request FOR CLARIFICATION. Filed by St. Charles Health System, Inc.. (Martin Rhodes, Allison)
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Filing 24
Order to Show Cause: Mark Hutcheson is granted 14 days (April 21, 2021) to show cause why he should not be sanctioned for violating his ethical obligation to alert the Court to contrary authority. Additionally, Mark Hutcheson shall show cause why the Court should not sanction him under 28 U.S.C. 1927. That statute provides: Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct. The fact that the hospital cited Section 10(j) in its motion asking the National Labor Relations Board to enjoin the strike yet omitted any mention of the section in its motion for emergency injunctive relief, provides at least an argument that both the motion and the complaint itself were filed in bad faith. There is at least the appearance that the goal of this action was not to advance a valid legal argument or claim, but rather to gain a valuable negotiating chip (in the form of an injunction prohibiting a rapidly approaching strike) during longstanding discussions with the union. Again, it is inconceivable to the Court that an attorney experienced in this specific area of the law would be unaware of binding Supreme Court authority specifically holding courts lacked jurisdiction to do what the hospital requested here. If such actions were in fact made in bad faith, they are sanctionable. B.K.B. v. Maui Police Dept, 276 F.3d 1091, 1108 (9th Cir. 2002). The Court does not issue this show cause order lightly. But on this record, the order is justified. The Court will defer referring this matter to the Washington State Bar until it reviews Mark Hutchenson's response, the union's optional reply, and, if necessary, presides over an in-person oral argument. Signed on 4/7/2021 by Judge Michael J. McShane. (cp)
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Filing 23
Unopposed Motion for Extension of Time . Filed by St. Charles Health System, Inc.. (Martin Rhodes, Allison) Modified on 4/7/2021 to correct event selection. (bd)
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Filing 22
Notice of Appearance of Allison Martin Rhodes appearing on behalf of St. Charles Health System, Inc. Filed by on behalf of St. Charles Health System, Inc.. (Martin Rhodes, Allison)
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Filing 21
Declaration of Catherine Highet . Filed by Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO. (Related document(s): Motion for Imposition of Sanctions #20 .) (Attachments: #1 Exhibit Email with Court, #2 Exhibit Return to Work Agreement, #3 Exhibit Counsel Bio, #4 Exhibit Docket Providence TRO, #5 Exhibit Motion Providence TRO, #6 Exhibit Highet Resume, #7 Exhibit Lieberman Resume, #8 Exhibit Knudtsen Resume, #9 Exhibit Highet Hours, #10 Exhibit Lieberman Hours, #11 Exhibit Knudtsen Hours, #12 Exhibit Costs, #13 Exhibit Calculation of Total) (Highet, Catherine)
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Filing 20
Motion for Imposition of Sanctions . Oral Argument requested. Filed by Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO. (Highet, Catherine)
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Filing 19
Order Dismissing Case: Based on the voluntary notice of dismissal #18 of the parties, this action is dismissed without prejudice as to all claims, causes of action, and parties. Ordered by Judge Michael J. McShane. (cp)
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Filing 18
Notice of Voluntary Dismissal Filed by St. Charles Health System, Inc.. (Ames Benedict, Sarah)
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Filing 17
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED oral argument by videoconference held on 3/2/2021 before Judge Michael J. McShane, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/10/2021. Redaction Request due 3/24/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/1/2021. (Humiston, Kellie)
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Filing 16
MINUTES of Proceedings: Motion Hearing Held. Order denying Motion for a Temporary Restraining Order #10 as stated on the record. Mark Hutcheson present as counsel for plaintiff. Catherine Highet present as counsel for defendant(s). Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (plb)
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Filing 15
Corporate Disclosure Statement . Filed by St. Charles Health System, Inc.. (Ames Benedict, Sarah)
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Filing 14
Reply to Motion for Temporary Restraining Order #10 Oral Argument requested. Filed by St. Charles Health System, Inc.. (Ames Benedict, Sarah)
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Filing 13
Declaration of David Stylianou. Filed by Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO. (Related document: Response in Opposition to Motion #12 .) (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) (plb)
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Filing 12
Response in Opposition to Motion for Temporary Restraining Order #10 . Filed by Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO. (plb)
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Filing 9
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #7 requested by attorney John Hodges-Howell. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 8
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #6 requested by attorney Mark Hutcheson. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 11
Declaration of Rebecca Berry. Filed by St. Charles Health System, Inc. (Related document: Motion for Temporary Restraining Order #10 .) (plb)
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Filing 10
Motion for Temporary Restraining Order (Filed in the Circuit Court for the State of Oregon for the County of Deschutes on 2/25/2021). Oral Argument requested. Expedited Hearing requested. Filed by St. Charles Health System, Inc. (plb)
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Filing 7
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney John Hodges-Howell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7952570. Filed by St. Charles Health System, Inc.. (Hodges-Howell, John)
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Filing 6
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark Hutcheson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7952522. Filed by St. Charles Health System, Inc.. (Hutcheson, Mark)
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Filing 5
Scheduling Order by Judge Michael J. McShane. Oral Argument is set for 3/2/2021 at 09:00AM in Eugene by videoconference before Judge Michael J. McShane. Connection information will be sent by separate notice. Ordered by Judge Michael J. McShane. (plb)
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Filing 4
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 6/28/2021. Joint Alternate Dispute Resolution Report is due by 7/26/2021. Pretrial Order is due by 7/26/2021. Ordered by Judge Michael J. McShane. (bd)
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Filing 3
Declaration of Sarah Ames Benedict iso Supplemental Authority iso Plaintiff's Motion for Temporary Restraining Order. Filed by St. Charles Health System, Inc.. (Related document(s): Supplement #2 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Ames, Sarah)
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Filing 2
Supplement Authority iso Plaintiff's Motion for Temporary Restraining Order. Filed by St. Charles Health System, Inc.. (Ames, Sarah)
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Filing 1
Notice of Removal of Case Number 21CV07024 from Oregon Circuit Court Deschutes County. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-7949712 issued.. Filed by Oregon Federation of Nurses & Health Professionals, Local 5017, American Federation of Teachers, AFL-CIO (Attachments: #1 Exhibit Exhibits A-C State Court Filings, #2 Civil Cover Sheet). (Highet, Catherine)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney John Hodges-Howell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7952570 #7 . Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark Hutcheson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7952522 #6 : Reviewed and Ready for Ruling. (ck)
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| Search for this case: St. Charles Health System, Inc. v. Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO | |
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| Defendant: Oregon Federation of Nurses and Health Professionals, Local 5017, AFT, AFL-CIO | |
| Represented By: | Catherine A. Highet |
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| Plaintiff: St. Charles Health System, Inc. | |
| Represented By: | John Hodges-Howell |
| Represented By: | Derek D. Green |
| Represented By: | Mark Andrew Hutcheson |
| Represented By: | Sarah E. Ames |
| Represented By: | Sarah Elizabeth Ames Benedict |
| Represented By: | Paul Anthony Werner, III |
| Represented By: | Allison Martin Rhodes |
| Represented By: | Hannah Wigger |
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