Case: VanValkenburg v. Oregon Department of Corrections

David D. VanValkenburg v. Oregon Department of Corrections

David D. VanValkenburg v. Oregon Dept of Corrections

Tessa Bialek and Margo Schlanger

Notice of Removal of Case Number 1400505831 from Multnomah. DEMAND FOR JURY TRIAL Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-3708757 issued.. Filed by Oregon Department of Corrections (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B). (Vincent, Shannon) (Entered: 06/06/2014)

Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 10/6/2014. Joint Alternate Dispute Resolution Report is due by 11/3/2014. Pretrial Order is due by 11/3/2014. Ordered by Judge Anna J. Brown. (cib) (Entered: 06/06/2014)

Motion to Dismiss (Partial). Oral Argument requested. Filed by Oregon Department of Corrections. (Vincent, Shannon) (Entered: 06/13/2014)

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 06/19/2014)

Report of the Parties' Rule 26 Conference. Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 06/19/2014)

Stipulated Motion for Protective Order . Filed by Oregon Department of Corrections. (Vincent, Shannon) (Entered: 06/23/2014)

Stipulated Protective Order: Granting Motion for a Protective Order 6 . Signed on 06/24/2014 by Judge Anna J. Brown. See attached Stipulated Protective Order. (bb) (Entered: 06/24/2014)

Memorandum in Opposition to Motion to Dismiss (Partial) 3 . Filed by David VanValkenburg. (Payne, Shenoa) Modified docket text on 6/27/2014 (cib). (Entered: 06/25/2014)

Declaration of Matthew C. Ellis in Opposition to Defendant's Partial Motion to Dismiss. Filed by David VanValkenburg. (Related document(s): Motion to Dismiss 3 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Payne, Shenoa) (Entered: 06/25/2014)

Order to Show Cause. The Court ORDERS Defendant to perfect the removal or show cause in writing by July 11, 2014, why this Court should not on its own motion remand this matter to Multnomah County Circuit Court. See attached Order to Show Cause. (bb) (Entered: 06/30/2014)

Response to Order to Show Cause . Filed by Oregon Department of Corrections. (Attachments: # 1 Exhibit A (part 1 of 2), # 2 Exhibit A (part 2 of 2), # 3 Exhibit B, # 4 Exhibit C) (Vincent, Shannon) (Entered: 07/01/2014)

ORDER: The Court acknowledges receipt of Plaintiff's 7/1/2014 Response 11 to the Court's Order 10 to Show Cause issued 6/30/2014 and finds Plaintiff has satisfied the removal issues raised in the Order. The Court regrets the error in overlooking Defendant's filing of its Motion 3, and the Court thanks Defendant for supplementing the record as to the other matters. Ordered by Judge Anna J. Brown. (mr) (Entered: 07/08/2014)

Reply in Support of Defendant Oregon Department of Corrections' Partial Motion to Dismiss Plaintiff's Complaint. Filed by Oregon Department of Corrections. (Related document(s): Motion to Dismiss 3 .) (Vincent, Shannon) (Entered: 07/14/2014)

Notice of Association of Attorney Shannon M. Vincent,Heather J. Van Meter for Oregon Department of Corrections. Filed by Oregon Department of Corrections (Vincent, Shannon) (Entered: 07/25/2014)

Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion to Dismiss (Partial) 3 is SET for 9/15/2014 at 10:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 08/27/2014)

MINUTES of Proceedings: Oral Argument on Motion to Dismiss 3 . Parties to file a supplemental notice of authority. Rule 16 Conference held. Joint Status Reports due 10/17/2014, 12/17/2014, 2/17/2015 and 4/17/2015, regarding any discovery disputes that are ripe for the Courts resolution. Amended Complaint due no later than 10/06/2014; response to Amended Complaint due no later than 10/20/2014; reply due no later than 10/27/2014. Amendment to pleadings/joining of parties due no later than 1/9/2015. Discovery is to be completed by 4/17/2015. The last date to file any discovery motion is 4/3/2015, and responses to such motions are due no later than seven (7) calendar days after the initiating motion is filed; no replies are permitted for discovery motions. Initial expert disclosures are due no later than 3/2/2015. Rebuttal expert disclosures are due no later than 3/30/2015. Joint Statement of Agreed Material Facts due 5/8/2015. Updated Joint Alternate Dispute Resolution Report is due 5/8/2015. Dispositive Motions are due by 5/22/2015. Jointly proposed Pretrial order/jointly proposed Verdict form shall be filed by 9/30/2015. Pretrial Documents are due 10/8/2015 by NOON. Pretrial Conference is SET for 10/21/2015 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. Jury Trial (6 days) is SET for 10/27/2015 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. See attached Case-Management Order. Matthew Ellis, Shenoa Payne present as counsel for plaintiff(s). Heather Van Meter, Shannon Vincent present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 09/17/2014)

Notice re Motion to Dismiss 3 Supplemental Authorities Filed by David VanValkenburg (Related document(s): Motion to Dismiss 3 .) (Payne, Shenoa) (Entered: 09/16/2014)

Supplement (titled Supplemental Authorities in Support of Partial Motion to Dismiss). Filed by Oregon Department of Corrections. (Related document(s): Motion to Dismiss 3 .) (Van Meter, Heather) (Entered: 09/19/2014)

First Amended Complaint . Filed by David VanValkenburg against Oregon Department of Corrections. (Ellis, Matthew) (Entered: 10/06/2014)

Unopposed Motion for Extension of Time to Respond to Amended Complaint, Motion for Extension of Time to Answer . Filed by All Defendants. (Van Meter, Heather) (Entered: 10/14/2014)

ORDER by Judge Anna J. Brown. Granting Unopposed Motion for Extension of Time to Respond to Amended Complaint 20 . Answer or responsive pleading to the First Amended Complaint 19 is now due two weeks after the Court's ruling on Defendant's pending Motion to Dismiss 3 . (bb) (Entered: 10/16/2014)

Unopposed Motion for Extension of Time . Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 10/17/2014)

Declaration of Shannon Vincent . Filed by Oregon Department of Corrections. (Related document(s): Motion for Extension of Time 22 .) (Van Meter, Heather) (Entered: 10/17/2014)

ORDER: Granting Defendant's Unopposed Motion 22 for Extension of Time to file Joint Status Report. Joint Status Report is due by 10/31/2014. The Court provides additional time to ensure that the parties complete full and meaningful conferral on disputed discovery issues before submitting them to the Court for its consideration. Ordered by Judge Anna J. Brown. (sm) (Entered: 10/20/2014)

Joint Status Report . Filed by David VanValkenburg. (Attachments: # 1 Exhibit A) (Payne, Shenoa) (Entered: 10/30/2014)

Opinion and Order: The Court DENIES Defendant's Partial Motion 3 to Dismiss Plaintiff's Complaint. Signed on 10/30/2014 by Judge Anna J. Brown. See attached 24 page Opinion and Order for full text. (bb) (Entered: 10/30/2014)

Order by Judge Anna J. Brown. The Court has reviewed the Joint Status Report 25 of the parties and directs the parties as follows: 1. Pursuant to Local Rule 37-1(a), the parties must not file in the record their various discovery requests and responses served on each other. The point of the Court's previous directions to the parties regarding an informal submission of discovery disputes was to provide a format for the parties to articulate concisely any ripe, disputed discovery issue and the parties positions about such disputes. At this stage the Court declines to review the parties' historical discovery requests and responses attached to their Joint Status Report 25 . 2.Defendant asserted in the Joint Status Report that various disputes were not ripe for resolution either because the parties were waiting for the Court's ruling 6 on Defendant's previously pending Motion 3 or for other reasons. The Court concludes it was improvident to condition the submission of disputes on an agreement by both parties that the dispute was ripe. Accordingly, the Court will hear the merits of any discovery dispute that either party believes is ripe provided there has, in fact, been meaningful conferral about the dispute between lead lawyers for each party in real time (i.e., not by unilateral messaging). 3. The Court directs the parties to confer again and to submit as soon as practicable an updated, single filing that articulates concisely (preferably in chart form); (a) any discovery issue on which there has been full conferral and either party presently seeks a ruling; (b) the specific position of each party as to the dispute; and(c) the basis for the position taken by each party as to the dispute.Upon receipt thereof, the Court will determine whether it can rule on the record of the updated submission or whether a hearing will be necessary, and the Court will advise the parties accordingly. (bb) (Entered: 11/04/2014)

Answer to 19 Amended Complaint with Jury Demand . Filed by Oregon Department of Corrections. (Vincent, Shannon) (Entered: 11/13/2014)

Status Report by David VanValkenburg. Filed by David VanValkenburg. (Ellis, Matthew) (Entered: 11/17/2014)

Scheduling Order by Judge Anna J. Brown. Hearing on Plaintiff's Status Report 29 is SET for 11/25/2014 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 11/21/2014)

Scheduling Order by Judge Anna J. Brown. Due to a conflict in the Court's schedule, the hearing on Plaintiff's Status Report 29 is RESET AS TO TIME ON TO 11/25/2014 at 11:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 11/21/2014)

Scheduling Order by Judge Anna J. Brown. Due to a conflict in the Court's schedule, the Discovery Hearing set for 11/25/2014 is VACATED and is RESET for 12/11/2014 at 02:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. The Court is requesting that the parties appear in person. (bb) (Entered: 11/25/2014)

MINUTES of Proceedings: Discovery Hearing held before Judge Anna J. Brown. Formal Order to Issue. Further Discovery Hearing is set for 2/13/2015 at 01:30PM in Portland Courtroom 14A before Judge Anna J. Brown. Joint Status Report is now due by NOON on 2/10/2015. Matthew C. Ellis and Shenoa L. Payne present as counsel for plaintiff(s). Heather J. Van Meter and Shannon M. Vincent present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (pvh) (Entered: 12/15/2014)

Order. Defendant shall file its opening brief concerning accommodations Defendant made for other deaf inmates no later than January 5, 2015. Plaintiff's response brief is due no later than January 20, 2015. Defendant's optional reply brief is due no later than January 27, 2015, at which time the Court will take that issue under advisement. The Court SETS an additional discovery hearing on February 13, 2015, at 1:30 p.m. The parties shall file a joint status report no later than Noon on February 10, 2015, in which the parties enumerate any ripe issues they request the Court to address at the discovery hearing. Signed on 12/22/2014 by Judge Anna J. Brown. (bb) (Entered: 12/22/2014)

Memorandum Regarding Protection of Individually Identifiable Health Information. Filed by Oregon Department of Corrections. (Related document(s): Order,, 34 .) (Vincent, Shannon) (Entered: 01/05/2015)

Response Memorandum Regarding Protection of Individually Identifiable Health Information. Filed by David VanValkenburg. (Related document(s): Memorandum 35, Order,, 34 .) (Attachments: # 1 Appendix A) (Payne, Shenoa) (Entered: 01/20/2015)

Declaration of Shenoa L. Payne. Filed by David VanValkenburg. (Related document(s): Response 36 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Payne, Shenoa) (Entered: 01/20/2015)

Reply in Support of Defendant's Memorandum Regarding Protection of Individually Identifiable Health Information. Filed by Oregon Department of Corrections. (Related document(s): Memorandum 35 .) (Vincent, Shannon) (Entered: 01/27/2015)

Opinion and Order. The Court ORDERS Defendant to provide substantive responses to Plaintiff's discovery requests consistent with this Opinion and Order no later than February 27, 2015. Signed on 02/02/2015 by Judge Anna J. Brown. See attached 10 page Opinion and Order for full text. (bb) (Entered: 02/02/2015)

Joint Status Report . Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 02/10/2015)

MINUTES of Proceedings: Discovery Conference held.Matthew Ellis, Shenoa Payne present as counsel for plaintiff(s). Heather Van Meter, Shannon Vincent present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 02/19/2015)

Stipulation to File Second Amended Complaint by David VanValkenburg. Filed by David VanValkenburg. (Ellis, Matthew) (Entered: 03/18/2015)

Second Amended Complaint . Filed by David VanValkenburg against Oregon Department of Corrections. (Ellis, Matthew) (Entered: 03/18/2015)

Order by Judge Anna J. Brown. Answer or responsive pleading to Second Amended Complaint 43 is due by 4/8/2015. (bb) (Entered: 03/20/2015)

Answer to 43 Amended Complaint with Jury Demand (titled "Defendant's Answer and Defenses to Plaintiff's Second Amended Complaint"). Filed by Oregon Department of Corrections. (Vincent, Shannon) (Entered: 04/08/2015)

Joint Status Report by David VanValkenburg. Filed by David VanValkenburg. (Ellis, Matthew) (Entered: 04/17/2015)

Scheduling Order by Judge Anna J. Brown. Status Conference is set for 4/23/2015 at 11:00AM in Portland by telephone before Judge Anna J. Brown. The parties to call the court's conference line. Ordered by Judge Anna J. Brown. (dls) (Entered: 04/20/2015)

MINUTES of Proceedings: Telephone Status Conference held. The Court reviewed with the parties their Joint Status Report 46 and, in the exercise of its case management discretion, the Court resets the case-management schedule as follows: Discovery is extended from 4/17/2015, to be completed by 8/17/2015. The last date to file any discovery motion is 8/3/2015, and responses to such motions are due no later than seven (7) calendar days after the initiating motion is filed. Initial expert disclosures are extended from 3/2/2015, due no later than 7/20/2015. Rebuttal expert disclosures are extended from 3/30/2015, due no later than 8/7/2015. Dispositive Motions are extended from 5/22/2015, due by 9/11/2015. Joint Statement of Agreed Material Facts extended from 5/8/2015, due 8/31/2015. If none is filed the court will maintain the previously set pretrial conference date of 10/21/2015 and the 6 day Jury Trial set for 10/27/2015. If a Joint Statement of Agreed Material Facts is filed the alternative trial schedule is as follows: Pretrial Order is due by 1/25/2016. Trial Papers due 2/5/2016. Pretrial Conference is set for 2/18/2016 at 09:00AM in Portland Courtroom 14A before Judge Anna J. Brown. Jury Trial is set for 2/23/2016 at 09:00AM in Portland Courtroom 14A before Judge Anna J. Brown. Status Report is due by 8/31/2015. Matthew C. Ellis and Shenoa L. Payne present as counsel for plaintiff(s). Heather Van Meter present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (dls) (Entered: 04/23/2015)

Motion for Summary Judgment . Oral Argument requested. Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 06/16/2015)

Declaration of Heather Van Meter in Support of Defendant's Motion for Summary Judgment. Filed by Oregon Department of Corrections. (Related document(s): Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 06/16/2015)

Joint Concise Statement of Material Fact . Filed by Oregon Department of Corrections. (Related document(s): Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 06/16/2015)

Response in Opposition to Motion for Summary Judgment 49 Oral Argument requested. Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 07/10/2015)

Declaration of Shenoa L. Payne in Opposition to Defendant's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Response in Opposition to Motion 52 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Payne, Shenoa) (Entered: 07/10/2015)

Declaration of David D. VanValkenburg in Opposition to Defendant's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Response in Opposition to Motion 52 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Payne, Shenoa) (Entered: 07/10/2015)

Unopposed Motion for Extension of Time to Extend Expert Disclosure Deadline. Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 07/13/2015)

Declaration of Shenoa L. Payne . Filed by David VanValkenburg. (Related document(s): Motion for Extension of Time 55 .) (Payne, Shenoa) (Entered: 07/13/2015)

ORDER: In light of the fact that Plaintiff's counsel has advised the Court that Plaintiff intends to file a dispositive motion by 9/11/2015, the previously-set deadline for dispositive motions, the Court will hold Defendant's Motion 49 for Summary Judgment in abeyance until the Court can address all dispositive motions at one time. When all dispositive motions have been received, the Court will determine whether oral argument is needed. The tentatively set trial date of 10/27/2015 is hereby STRICKEN, and a jury trial (6 days) will be held on 2/23/2016. As previously ordered, the Pretrial Order and proposed Verdict Form are due on 1/25/2016, Pretrial Documents are due 2/5/2016, and the Pretrial Conference will be held on 2/18/2016 at 9:00 a.m. in Courtroom 14A. An updated Joint ADR Report is due 8/7/2015. Ordered by Judge Anna J. Brown. Modified on 7/14/2015 to correct ADR report date. (mr) (Entered: 07/14/2015)

ORDER: At the parties' request the Court extends the Expert Disclosure Deadlines as follows: Initial Expert Disclosures due no later than 8/10/15 and Rebuttal Expert disclosures due no later than 8/28/15. All other case-management dates remain in effect as previously set. Ordered by Judge Anna J. Brown. (mr) (Entered: 07/17/2015)

Reply to Motion for Summary Judgment 49 . Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 07/27/2015)

Second Declaration of Heather J. Van Meter in Support of Defendant's Motion for Summary Judgment. Filed by Oregon Department of Corrections. (Related document(s): Reply to Motion 59, Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 07/27/2015)

Declaration of Becky Boast . Filed by Oregon Department of Corrections. (Related document(s): Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 07/27/2015)

Declaration of Scott Sanetel . Filed by Oregon Department of Corrections. (Related document(s): Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 07/27/2015)

Joint ADR Report . Filed by David VanValkenburg.(Payne, Shenoa) (Entered: 08/04/2015)

Motion for Partial Summary Judgment titled "Defendant's Second Motion for Summary Judgment (Partial Summary Judgment". Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 08/28/2015)

Declaration of Heather J. VanMeter . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oregon Department of Corrections. (Related document(s): Motion for Partial Summary Judgment 64 .) (Van Meter, Heather) (Entered: 08/28/2015)

Scheduling Order by Judge Anna J. Brown. Telephonic Conference is SET for 8/31/2015 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. Counsel were emailed the conference call in number. (bb) (Entered: 08/31/2015)

MINUTES of Proceedings: Scheduling Conference held. Any supplemental joint Statement of Agreed Facts is due 09/11/2015. Response to Motion for Partial Summary Judgment 64 is due 10/09/2015; reply is due 10/21/2015. Plaintiff's Motion for Summary Judgment is due 09/18/2015. Response is due 10/9/2015; reply is due 10/21/2015. Oral Argument is SET for 11/13/2015 at 9:00 am in Courtroom 14A. Matthew Ellis, Shenoa Payne present as counsel for plaintiff(s). Heather Van Meter present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 09/02/2015)

Supplemental Concise Statement of Material Fact for Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Summary Judgment 49 .) (Ellis, Matthew) (Entered: 09/11/2015)

Motion to File Excess Pages to Memorandum in Support of Plaintiff's Motion for Summary Judgment. Expedited Hearing requested. Filed by David VanValkenburg. (Ellis, Matthew) (Entered: 09/17/2015)

Declaration of Matthew C. Ellis in Support of Plaintiff's Motion to File Excess Pages to Memorandum in Support of Plaintiff's Motion for Summary Judgment.. Filed by David VanValkenburg. (Related document(s): Motion to File Excess Pages 69 .) (Ellis, Matthew) (Entered: 09/17/2015)

ORDER by Judge Anna J. Brown. Granting Plaintiff's Motion to Allow Filing of a Legal Memorandum in Support of His Motion for Summary Judgment that Exceeds Page Limits 69 . Plaintiff is grant leave to file a brief of no more than 42 pages. (bb) (Entered: 09/18/2015)

Motion for Partial Summary Judgment . Oral Argument requested. Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of Jean F. Andrews, PH.D in Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A (Part 1 of 14), # 2 Exhibit A (Part 2 of 14), # 3 Exhibit A (Part 3 of 14), # 4 Exhibit A (Part 4 of 14), # 5 Exhibit A (Part 5 of 14), # 6 Exhibit A (Part 6 of 14), # 7 Exhibit A (Part 7 of 14), # 8 Exhibit A (Part 8 of 14), # 9 Exhibit A (Part 9 of 14), # 10 Exhibit A (Part 10 of 14), # 11 Exhibit A (Part 11 of 14), # 12 Exhibit A (Part 12 of 14), # 13 Exhibit A (Part 13 of 14), # 14 Exhibit A (Part 14 of 14)) (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of Merle Baldridge in Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of Matthew C. Ellis in Support of Plaintiff's Motion for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A) (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of Nina E. Festa in Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of Shenoa L. Payne in Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A (Part 1 of 2), # 2 Exhibit A (Part 2 of 2), # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Payne, Shenoa) (Entered: 09/18/2015)

Declaration of David D. VanValkenburg in Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Payne, Shenoa) (Entered: 09/18/2015)

Motion to Appear as Amicus Curiae . Filed by HEARD. (Attachments: # 1 Exhibit Proposed Brief) (Merrithew, Jesse) (Entered: 09/28/2015)

Response in Opposition to Motion to Appear as Amicus Curiae 79 . Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 09/29/2015)

Scheduling Order by Judge Anna J. Brown.Oral Argument set for 11/13/2015 is VACATED and is RESET for 11/16/2015 at 9:00 AM in Courtroom 14A regarding Motion for Summary Judgment 49, Motion for Partial Summary Judgment 72 and Motion to Appear as Amicus Curiae 79 . (bb) (Entered: 10/06/2015)

Response to Motion for Partial Summary Judgment 72 . Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 10/09/2015)

Declaration of Heather J. VanMeter . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oregon Department of Corrections. (Related document(s): Response to Motion 82 .) (Van Meter, Heather) (Entered: 10/09/2015)

Declaration of Kimberly Hendricks . Filed by Oregon Department of Corrections. (Related document(s): Response to Motion 82 .) (Van Meter, Heather) (Entered: 10/09/2015)

Declaration of Leonard Blix . Filed by Oregon Department of Corrections. (Related document(s): Response to Motion 82 .) (Van Meter, Heather) (Entered: 10/09/2015)

Declaration of Marica Ventura . Filed by Oregon Department of Corrections. (Related document(s): Response to Motion 82 .) (Van Meter, Heather) (Entered: 10/09/2015)

Memorandum in Opposition to Motion for Partial Summary Judgment titled "Defendant's Second Motion for Summary Judgment (Partial Summary Judgment" 64 Oral Argument requested. Filed by David VanValkenburg. (Payne, Shenoa) Modified docket text on 10/20/2015 (cib). (Entered: 10/09/2015)

Supplemental Declaration of Heather J. Van Meter . Filed by Oregon Department of Corrections. (Related document(s): Response to Motion 82 .) (Van Meter, Heather) (Entered: 10/20/2015)

Reply In Support of Plaintiff's to Motion for Partial Summary Judgment 72 . Filed by David VanValkenburg. (Payne, Shenoa) (Entered: 10/21/2015)

Supplemental Declaration of David D. VanValkenburg In Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Reply to Motion 89 .) (Payne, Shenoa) (Entered: 10/21/2015)

Supplemental Declaration of Shenoa L. Payne In Support of Plaintiff's Motion for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Reply to Motion 89 .) (Attachments: # 1 Exhibit J, # 2 Exhibit K) (Payne, Shenoa) (Entered: 10/21/2015)

Reply to Motion for Partial Summary Judgment titled "Defendant's Second Motion for Summary Judgment (Partial Summary Judgment" 64 . Filed by Oregon Department of Corrections. (Van Meter, Heather) (Entered: 10/21/2015)

Order by Judge Anna J. Brown. In light of the lapses in communication that apparently caused HEARD to miss the deadline to file a motion to appear as amicus curiae and in the interest of justice, the Court excuses the late filing of HEARD's Motion 79 to Appear as Amicus Curiae and GRANTS HEARD's Motion. The Court directs HEARD to re-file no later than November 3, 2015, as a separate document and as its Amicus Brief that which was attached to HEARD's Motion as Exhibit 1. In addition, the Court finds the parties should be given an opportunity to respond to arguments presented in HEARD's amicus brief. Accordingly, no later than November 10, 2015, Plaintiff and Defendant may file optional supplemental memoranda, not to exceed 10 pages each, that respond to arguments contained in HEARD's memorandum. Finally, counsel for HEARD may participate in oral argument on November 16, 2015, at 9:00 a.m. (bb) (Entered: 10/29/2015)

Brief of Amicus Curiae. Filed by HEARD. (Related document(s): Motion for Partial Summary Judgment 72 .) (Merrithew, Jesse) (Entered: 10/30/2015)

Response to Amicus Curiae HEARD's Brief. Filed by Oregon Department of Corrections. (Related document(s): Brief 94 .) (Van Meter, Heather) (Entered: 11/10/2015)

Declaration of Heather J. Van Meter in Support of Defendant's Response to Amicus Curiae HEARD's Brief. Filed by Oregon Department of Corrections. (Related document(s): Response 95 .) (Van Meter, Heather) (Entered: 11/10/2015)

MINUTES of Proceedings: Oral Argument on Motion for Summary Judgment 49, Motion for Partial Summary Judgment 64 and Motion for Partial Summary Judgment 72 . Optional Simultaneous supplemental briefing is due no later than 12/7/2015. Motions will go under advisement 12/7/2015. The Court STRIKES all pending case-management dates. Matthew Ellis, Shenoa Payne present as counsel for plaintiff(s). Heather Van Meter, Shannon Vincent, Jesse Merrithew (Amicus) present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 11/18/2015)

Supplemental Brief In Opposition to Defendant's Motions for Summary Judgment. Filed by David VanValkenburg. (Related document(s): Motion for Partial Summary Judgment 64, Motion for Summary Judgment 49, Motion for Partial Summary Judgment 72 .) (Attachments: # 1 Exhibit A) (Ellis, Matthew) (Entered: 12/07/2015)

Supplemental Brief Re: Summary Judgment. Filed by Oregon Department of Corrections. (Related document(s): Declaration, 54, Response in Opposition to Motion 52, Motion for Summary Judgment 49 .) (Van Meter, Heather) (Entered: 12/07/2015)

Notice of Change of Address. Filed by David VanValkenburg (Payne, Shenoa) (Entered: 01/05/2016)