Terrill et al v. State of Oregon et al
| Donald Terrill, Nicolas Pando and Michael Wesley |
| Colette Peters and State of Oregon |
| 6:2021cv00588 |
| April 20, 2021 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Both |
Docket Report
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Filing 57
Scheduling Order. The Court is in receipt of the parties' Joint Status Report #56 . At the parties' request, the Court stays all litigation deadlines an additional 30 days until 6/15/2023. A further Joint Status Report is due by 6/8/2023. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 56 Joint Status Report . Filed by All Defendants. (Conbere, Jill) |
| Filing 55 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman by videoconference on 4/12/2023. Negotiations continue. Lynn S. Walsh, Jelena Kolic, Thomas Philip Zito, and Torie Alisa Atkinson present as counsel for plaintiffs. Tracy Ickes White and Jill Conbere present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) |
| Filing 54 Notice of Change of Address. Filed by All Plaintiffs. (Zito, Thomas) |
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Filing 53
SETTLEMENT CONFERENCE ORDER. Settlement Conference (continued from 12/8/2022) is set for Wednesday, 4/12/2023, from 09:00 AM to 1:00 PM Pacific Daylight Time in Portland by videoconference before Magistrate Judge Stacie F. Beckerman. Plaintiffs are to log on at 9:00 AM and Defendants at 9:20 AM. The Court will distribute the Zoom information in advance. Please see attached instructions. Signed on 2/13/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 52
ORDER: Granting Joint Motion for Extension of Time #51 . All litigation deadlines are STAYED until 5/15/2023. The parties shall schedule a further settlement conference with Magistrate Judge Beckerman. A Joint Status Report is due by 5/8/2023. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 51 Joint Motion for Extension of Time and stipulation. Filed by All Plaintiffs. (Zito, Thomas) |
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Filing 50
Scheduling Order. At the joint request of the parties, Plaintiffs' Motion for Class Certification is due by 2/24/2023. Defendants' Opposition to Motion for Class Certification is due by 3/31/2023. Plaintiffs' Reply in support of Motion for Class Certification is due by 4/21/2023. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 49 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman by videoconference on 12/8/2022. Negotiations continue, and another session will be scheduled. Lynn S. Walsh, Jelena Kolic, Thomas Philip Zito and Torie Alisa Atkinson present as counsel for plaintiffs. Tracy Ickes White and Jill Conbere present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) |
| Filing 48 Notice of Attorney Substitution: Jill Conbere is substituted as counsel of record in place of Attorney Aaron D Kelley . Filed by on behalf of All Defendants. (Conbere, Jill) |
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Filing 47
Scheduling Order: At the joint request of the parties, Plaintiffs' Motion for Class Certification is due by 1/13/2023. Defendants' Opposition to Motion for Class Certification is due by 2/17/2023. Plaintiffs' Reply in support of Motion for Class Certification is due by 3/10/2023. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 46 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman by videoconference on November 1, 2022. The settlement conference is CONTINUED to Thursday, December 8, 2022, from 9:00 AM to 1:00 PM Pacific Time by videoconference before Magistrate Judge Stacie F. Beckerman. Lynn S. Walsh, Jelena Kolic, Thomas Philip Zito and Torie Alisa Atkinson present as counsel for plaintiffs. Tracy Ickes White present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) |
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Filing 45
ORDER: Granting Fifth Motion for Extension of Time #44 . Plaintiffs' Motion for Class Certification is due by 12/9/2022. Defendants' Opposition to Motion for Class Certification is due by 1/13/2023. Plaintiffs' Reply in support of Motion for Class Certification is due by 2/3/2023. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 44 Fifth Motion for Extension of Time to Extend Case Management Deadlines and Proposed Briefing Schedule. Filed by All Plaintiffs. (Zito, Thomas) |
| Filing 43 Notice of Attorney Substitution: Aaron D Kelley is substituted as counsel of record in place of Attorney Jill Conbere . Filed by on behalf of All Defendants. (Kelley, Aaron) |
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Filing 42
SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Tuesday, November 1, 2022 at 09:00 AM in Portland by videoconference before Magistrate Judge Stacie F. Beckerman. Please see attached instructions. Signed on August 11, 2022 by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 41
ORDER: Granting Fourth Joint Motion for Extension of Time #40 . Motion for Class Certification is due by 9/30/2022. Defendants' Opposition to Motion for Class Certification is due by 10/31/2022. Plaintiff's Reply in support of Motion for Class Certification is due by 11/18/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 40 Fourth Motion for Extension of Time for Case Management Deadlines and Proposed Briefing Schedule Filed Jointly. Filed by All Plaintiffs. (Zito, Thomas) |
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Filing 39
ORDER: Granting Unopposed Motion for Leave to Depose Plaintiff Adults in Custody #37 . Ordered by Judge Ann L. Aiken. (ck)
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| Filing 38 Declaration of Tracy White in Support of Defendants' Unopposed Motion for Leave to Depose Plaintiff Adults in Custody. Filed by Colette Peters, State of Oregon. (Related document(s): Motion for Leave #37 .) (White, Tracy) |
| Filing 37 Unopposed Motion for Leave Defendants' Unopposed Motion for Leave to Depose Plaintiff Adults in Custody. Filed by Colette Peters, State of Oregon. (White, Tracy) |
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Filing 36
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #35 . Motion for Class Certification is due by 8/19/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 35 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) |
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Filing 34
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #33 . Motion for Class Certification is due by 5/27/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 33 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) |
| Filing 32 Answer to #31 Amended Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (White, Tracy) |
| Filing 31 First Amended Class Action Complaint . Filed by Donald Terrill, Nicolas Pando, Michael Wesley against All Defendants. (Walsh, Lynn) Modified on 12/7/2021 to adjust docket text to reflect document title. NEF not regenerated. (jw) |
| Filing 30 MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Stacie F. Beckerman by videoconference on 12/3/2021. The case does not settle. Lynn S. Walsh and Thomas Philip Zito present as counsel for plaintiff. Tracy Ickes White and Jill Conbere present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) |
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Filing 29
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #28 . Ordered by Judge Ann L. Aiken. (ck)
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| Filing 28 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jelena Kolic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8328992. Filed by Donald Terrill. (Kolic, Jelena) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jelena Kolic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8328992 #28 : Reviewed and Ready for Ruling. (ck) |
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Filing 27
ORDER: Granting Unopposed Motion for Leave to File Amended Complaint/Petition #26 . Amended Complaint is due 12/7/2021. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 26 Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Donald Terrill. (Walsh, Lynn) |
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Filing 25
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #24 . Motion for Class Certification is due by 3/18/2022. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 24 Second Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) Modified on 11/16/2021 to adjust docket text to reflect title of document. NEF not regenerated. (jw) |
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Filing 23
SCHEDULING ORDER. RESETTING LOCATION ONLY: The Settlement Conference previously set for Friday, 12/3/2021, before Magistrate Judge Stacie F. Beckerman will take place by videoconference rather than at the Mark O. Hatfield U.S. Courthouse. Plaintiff shall log on at 9:00 a.m. and Defendants at 9:30 a.m. The Court will distribute the videoconference information by 12/1/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
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| Filing 22 Notice of Attorney Substitution: Tracy Ickes White is substituted as counsel of record in place of Attorney Vanessa A. Nordyke . Filed by Colette Peters, State of Oregon. (White, Tracy) |
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Filing 21
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #20 . Motion for Class Certification is due by 12/22/2021. Discovery is to be completed 120 days after the Court's ruling on the motion for class certification. The parties shall file amended pleadings and join all claims 120 days after the Court's ruling on the motion for class certification. Expert Witness Disclosures and Reports are due 30 days after the close of fact discovery. Expert Rebuttal Reports are due 30 days after Expert Disclosures. Expert Discovery to be completed 30 days after Rebuttal Reports are due. Dispositive Motions are due 30 days after close of Expert Discovery. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 20 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) |
| Filing 19 Notice of Attorney Substitution: Jill Conbere is substituted as counsel of record in place of Attorney Abigail Fallon . Filed by Colette Peters, State of Oregon. (Conbere, Jill) |
| Filing 18 Joint ADR Report . Filed by All Defendants.(Nordyke, Vanessa) |
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Filing 17
SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Friday, December 3, 2021, in Portland chambers before Magistrate Judge Stacie F. Beckerman, 9th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. 3rd Avenue, Portland. Plaintiff is to arrive at 9:00 AM, Defendants at 9:30 AM. Please see attached instructions. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 16
ORDER: Granting Stipulated Motion for a Protective Order #15 . Signed on 7/27/2021 by Judge Ann L. Aiken. (ck)
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| Filing 15 Motion for Protective Order (Stipulated Protective Order). Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) |
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Filing 14
ORDER: Granting Unopposed Motion for Extension of Discovery & PTO Deadlines #13 . Initial Disclosures are due by 7/30/2021. Joint Alternate Dispute Resolution Report is due by 8/31/2021. Motion for Class Certification is due by 10/29/2021. Discovery is to be completed by 1/28/2022. The parties shall file amended pleadings and join all claims by 1/28/2022. Expert Witness Disclosures and Reports are due by 1/28/2022. Expert Rebuttal Reports are due by 2/25/2022. Expert Discovery to be completed by 3/25/2022. Dispositive Motions are due by 4/29/2022. Pretrial Order is due 30 days following the Court's ruling on any dispositive motions. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 13 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) |
| Filing 12 Rule 26(f) Report and Discovery Plan . Filed by Donald Terrill. (Zito, Thomas) |
| Filing 11 Answer to #1 Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (Fallon, Abigail) |
| Filing 10 Notice of Attorney Withdrawal: Shira J. Tevah Filed by Donald Terrill. (Tevah, Shira) |
| Filing 9 Waiver of Service of Summons Returned Executed Filed by Colette Peters, State of Oregon. (Fallon, Abigail) |
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Filing 8
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #6 ; Granting Motion for Leave to Appear Pro Hac Vice #7 . Ordered by Judge Ann L. Aiken. (ck)
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| Filing 7 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shira Tevah. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049006. Filed by Donald Terrill. (Tevah, Shira) |
| Filing 6 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Thomas Zito. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049042. Filed by Donald Terrill. (Zito, Thomas) |
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Filing 5
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #4 . Ordered by Judge Ann L. Aiken. (ck)
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| Filing 4 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Torie Atkinson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8048847. Filed by Donald Terrill. (Atkinson, Torie) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Thomas Zito. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049042 #6 . Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shira Tevah. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8049006 #7 : Reviewed and Ready for Ruling. (ck) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Torie Atkinson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8048847 #4 : Reviewed and Ready for Ruling. (ck) |
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Filing 3
CASE MANAGEMENT ORDER. Signed on 4/20/2021 by Judge Ann L. Aiken. (ck)
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Filing 2
Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/18/2021. Joint Alternate Dispute Resolution Report is due by 9/17/2021. Pretrial Order is due by 9/17/2021. Ordered by Judge Ann L. Aiken. (cw)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8047984 Jury Trial Requested: Yes. Filed by Donald Terrill against All Defendants (Attachments: #1 Civil Cover Sheet). (Walsh, Lynn) |
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