Case: Terrill v. Oregon

6:21-cv-00588 | U.S. District Court for the District of Oregon

Filed Date: April 20, 2021

Closed Date: July 1, 2024

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Case Summary

This lawsuit, which resulted in a settlement agreement, addressed whether incarcerated people in Oregon have to pay for certain medical equipment. A person incarcerated at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon and the Director of the Oregon Department of Corrections (ODC). Plaintiff had a lower leg amputation. He had received a prosthesis while incarcerated. To pay f…

This lawsuit, which resulted in a settlement agreement, addressed whether incarcerated people in Oregon have to pay for certain medical equipment.

A person incarcerated at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon and the Director of the Oregon Department of Corrections (ODC). Plaintiff had a lower leg amputation. He had received a prosthesis while incarcerated. To pay for the prosthesis, $10,675 had been garnished from his trust account between May 2013 and April 2021. He still owed $14,415 at the time of filing. The State and the Oregon Administrative Rules (OAR) classified prostheses as elective medical devices. The OAR also allowed prisons to charge prisoners for elective medical devices. Plaintiff sought relief under the Americans with Disability Act (ADA) 42 U.S. Code § 12101, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Plaintiff alleged that the ADA forbids “placing surcharges on medical equipment necessary for people with disabilities to access prison programs, services, and activities.”

Plaintiff sought to certify a class of "all people with disabilities currently and formerly in the custody of the Oregon Department of Corrections, who have been charged for durable medical equipment [] and/or healthcare appliances constituting disability accommodations." Relief sought included declaratory and injunctive relief as follows: a declaration that defendant’s policies were discriminatory and violated federal law; an injunction preventing defendant from enforcing portions of OAR 291-124-0085; reimbursement of what plaintiff and class members paid for their medical equipment; and attorney fees. Plaintiff was represented by Disability Rights Advocates and private counsel. Judge Ann L. Aiken was assigned.

The plaintiff filed an amended complaint on December 6, 2021 to add two additional named plaintiffs.

For the next two years, the parties engaged in discovery and held settlement talks. On May 2, 2024, the parties informed the court that they had settled. The settlement included the following terms:

Oregon would pay about $32,000 plus medical expenses to the named plaintiffs and $660,000 of attorneys' fees.
ODC would forgive medical debts and reimburse debt payments for incarcerated people who had been charged for certain medical devices, for a total of about $115,000.
ODC would start the rulemaking process for various proposed policy changes, including several policies that required ODC to pay for medical treatment and equipment for incarcerated people. Specifically, the proposed rules imposed requirements related to 1) medical, dental, and mental health screenings during intake and transfer; 2) treatment prioritization rules; 3) eye exams and the provision of glasses; 3) audiograms and the provision of hearing aids; 4) the provision of durable medical equipment; 5) charges for elective care; and 6) medication-assisted treatment for opioid use disorder.
The case would be dismissed with prejudice, though the court retained jurisdiction to settle any disputes until the payments were made and the new rules were proposed.

The court dismissed the case the same day. As of September 29, 2024, there have been no further developments and the case is presumed closed.

Summary Authors

Eric Gripp (7/31/2021)

Micah Pollens-Dempsey (9/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59838860/parties/terrill-v-state-of-oregon/

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Atkinson, Torie Alisa (New York)

Attorney for Defendant

Conbere, Jill (Oregon)

Fallon, Abigail (Oregon)

Kelley, Aaron D (Oregon)

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Atkinson, Torie Alisa (New York)

Kolic, Jelena (Oregon)

Tevah, Shira J (California)

Walsh, Lynn S (Oregon)

Zito, Thomas Philip (California)

Attorney for Defendant

Conbere, Jill (Oregon)

Fallon, Abigail (Oregon)

Kelley, Aaron D (Oregon)

Nordyke, Vanessa A. (Oregon)

White, Tracy Ickes (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

6:21-cv-00588	Civil Docket for Case #: 6:21-cv-00588-AA Terrill v. State of Oregon	July 27, 2021	July 27, 2021 Docket
1 6:21-cv-00588	Class Action Complaint Terrill v. State of Oregon	April 20, 2021	April 20, 2021 Complaint
31 6:21-cv-00588	First Amended Class Action Complaint	Dec. 6, 2021	Dec. 6, 2021 Complaint
77-1 6:21-cv-00588	Settlement Agreement and Release of Claims	May 2, 2024	May 2, 2024 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Terrill v. State of Oregon Disability Rights Advocates	On April 20, 2021, Disability Rights Advocates and Lynn S. Walsh filed a class-action lawsuit against the State of Oregon and the Oregon Department of Corrections (ODOC) on behalf of current and form…	April 20, 2021	April 20, 2021 https://dralegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59838860/terrill-v-state-of-oregon/

Last updated April 10, 2026, 4:52 a.m.

ECF Number	Date	Description	Link
1	April 20, 2021	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) (Entered: 04/20/2021) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	April 20, 2021	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) (Entered: 04/20/2021)	RECAP
3	April 20, 2021	CASE MANAGEMENT ORDER. Signed on 4/20/2021 by Judge Ann L. Aiken. (ck) (Entered: 04/20/2021)	RECAP
4	April 21, 2021	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) (Entered: 04/21/2021)	RECAP
5	April 21, 2021	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 4 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)	RECAP
6	April 21, 2021	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) (Entered: 04/21/2021)	RECAP
7	April 21, 2021	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) (Entered: 04/21/2021)	RECAP
8	April 21, 2021	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) (Entered: 04/21/2021)	RECAP
	April 21, 2021	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)
	April 21, 2021	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)
	April 21, 2021	Leave to Appear Pro Hac Vice
	April 21, 2021	Clerk's Review of Pro Hac Vice Motion
	April 21, 2021	Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice
9	May 19, 2021	Waiver of Service of Summons Returned Executed Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 05/19/2021)	RECAP
10	June 7, 2021	Notice of Attorney Withdrawal: Shira J. Tevah Filed by Donald Terrill. (Tevah, Shira) (Entered: 06/07/2021)	RECAP
11	June 18, 2021	Answer to 1 Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 06/18/2021)	RECAP
12	July 23, 2021	Rule 26(f) Report and Discovery Plan . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)	RECAP
13	July 23, 2021	Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)	RECAP
14	July 26, 2021	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) (Entered: 07/26/2021)	RECAP
	July 26, 2021	Order on Motion for Extension of Discovery & PTO Deadlines
15	July 27, 2021	Motion for Protective Order (Stipulated Protective Order). Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) (Entered: 07/27/2021)	RECAP
16	July 27, 2021	ORDER: Granting Stipulated Motion for a Protective Order 15 . Signed on 7/27/2021 by Judge Ann L. Aiken. (ck) (Entered: 07/27/2021)	RECAP
17	Aug. 24, 2021	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) (Entered: 08/24/2021)	RECAP
18	Aug. 31, 2021	Joint ADR Report . Filed by All Defendants.(Nordyke, Vanessa) (Entered: 08/31/2021)	RECAP
19	Sept. 24, 2021	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) (Entered: 09/24/2021)	RECAP
20	Oct. 22, 2021	Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 10/22/2021)	RECAP
21	Oct. 22, 2021	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) (Entered: 10/22/2021)	RECAP
	Oct. 22, 2021	Order on Motion for Extension of Discovery & PTO Deadlines
22	Nov. 8, 2021	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) (Entered: 11/08/2021)	RECAP
23	Nov. 10, 2021	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) (Entered: 11/10/2021)	RECAP
	Nov. 11, 2021	1 - Scheduling
24	Nov. 15, 2021	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) (Entered: 11/15/2021)	RECAP
25	Nov. 15, 2021	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) (Entered: 11/15/2021)	RECAP
	Nov. 16, 2021	Order on Motion for Extension of Discovery & PTO Deadlines
26	Nov. 29, 2021	Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Donald Terrill. (Walsh, Lynn) (Entered: 11/29/2021)	RECAP
27	Nov. 30, 2021	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) (Entered: 11/30/2021)	RECAP
	Nov. 30, 2021	Order on Motion For Leave to File AmendedComplaint/Petition
28	Dec. 3, 2021	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) (Entered: 12/03/2021)	RECAP
29	Dec. 3, 2021	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 28 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/03/2021)	RECAP
30	Dec. 3, 2021	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) (Entered: 12/03/2021)	RECAP
	Dec. 3, 2021	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)
	Dec. 3, 2021	Clerk's Review of Pro Hac Vice Motion
	Dec. 3, 2021	Leave to Appear Pro Hac Vice
	Dec. 4, 2021	Settlement Conference
31	Dec. 6, 2021	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) (Entered: 12/06/2021)	RECAP
32	Dec. 20, 2021	Answer to 31 Amended Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (White, Tracy) (Entered: 12/20/2021)	RECAP
33	March 4, 2022	Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 03/04/2022)	RECAP
34	March 4, 2022	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) (Entered: 03/04/2022)	RECAP
	March 4, 2022	Order on Motion for Extension of Discovery & PTO Deadlines
35	May 10, 2022	Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 05/10/2022)	RECAP
36	May 10, 2022	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) (Entered: 05/10/2022)	RECAP
	May 10, 2022	Order on Motion for Extension of Discovery & PTO Deadlines
37	July 20, 2022	Unopposed Motion for Leave Defendants' Unopposed Motion for Leave to Depose Plaintiff Adults in Custody. Filed by Colette Peters, State of Oregon. (White, Tracy) (Entered: 07/20/2022)	RECAP
38	July 20, 2022	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) (Entered: 07/20/2022)	RECAP
39	July 20, 2022	ORDER: Granting Unopposed Motion for Leave to Depose Plaintiff Adults in Custody 37 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/20/2022)	RECAP
	July 20, 2022	Order on Motion for Leave
40	July 25, 2022	Fourth Motion for Extension of Time for Case Management Deadlines and Proposed Briefing Schedule Filed Jointly. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 07/25/2022)	RECAP
41	July 26, 2022	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) (Entered: 07/26/2022)	RECAP
	July 26, 2022	Order on Motion for Extension of Time
42	Aug. 11, 2022	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) (Entered: 08/11/2022)	RECAP
43	Aug. 23, 2022	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) (Entered: 08/23/2022)	RECAP
44	Sept. 22, 2022	Fifth Motion for Extension of Time to Extend Case Management Deadlines and Proposed Briefing Schedule. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 09/22/2022)	RECAP
45	Sept. 23, 2022	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) (Entered: 09/23/2022)	RECAP
	Sept. 23, 2022	Order on Motion for Extension of Time
46	Nov. 1, 2022	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) (Entered: 11/01/2022)	RECAP
47	Nov. 2, 2022	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) (Entered: 11/02/2022)	RECAP
	Nov. 2, 2022	Settlement Conference
	Nov. 2, 2022	1 - Scheduling
48	Nov. 9, 2022	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) (Entered: 11/09/2022)	RECAP
49	Dec. 8, 2022	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) (Entered: 12/08/2022)	RECAP
	Dec. 9, 2022	Settlement Conference
50	Dec. 22, 2022	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) (Entered: 12/22/2022)	RECAP
	Dec. 22, 2022	1 - Scheduling
51	Feb. 9, 2023	Joint Motion for Extension of Time and stipulation. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 02/09/2023)	RECAP
52	Feb. 10, 2023	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) (Entered: 02/10/2023)	RECAP
	Feb. 10, 2023	Order on Motion for Extension of Time
53	Feb. 13, 2023	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) (Entered: 02/13/2023)	RECAP
54	Feb. 14, 2023	Notice of Change of Address. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 02/14/2023)	RECAP
55	April 12, 2023	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) (Entered: 04/12/2023)	RECAP
	April 12, 2023	Settlement Conference
56	May 5, 2023	Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 05/05/2023)	RECAP
57	May 5, 2023	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) (Entered: 05/05/2023)	RECAP
	May 5, 2023	1 - Scheduling
58	June 8, 2023	Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 06/08/2023)	RECAP
59	June 12, 2023	Scheduling Order. The Court is in receipt of the parties' Joint Status Report 58 . At the parties' request, the Court stays all litigation deadlines an additional 60 days until 8/14/2023. A further Joint Status Report is due by 8/7/2023. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/12/2023)	RECAP
	June 12, 2023	1 - Scheduling
60	Aug. 7, 2023	Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 08/07/2023)	RECAP
61	Aug. 7, 2023	Scheduling Order. The Court is in receipt of the parties' Joint Status Report 60 . At the parties' request, the Court stays all litigation deadlines an additional 90 days until 11/13/2023. A further Joint Status Report is due by 11/6/2023. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/07/2023)	RECAP
	Aug. 7, 2023	1 - Scheduling
62	Aug. 22, 2023	SETTLEMENT CONFERENCE ORDER. Settlement Conference (continued from 4/12/2023) is set for Tuesday, 10/31/2023, from 09:00 AM to 1:00 PM in Portland Courtroom 13B and by videoconference before Magistrate Judge Stacie F. Beckerman. The Court will distribute the Zoom information in advance. Please see attached instructions. Signed on 8/22/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 08/22/2023)	RECAP
63	Sept. 14, 2023	Notice of Attorney Withdrawal: Jelena Kolic Filed by All Plaintiffs. (Kolic, Jelena) (Entered: 09/14/2023)	RECAP
64	Sept. 21, 2023	ORDER. RESETTING LOCATION ONLY of the Settlement Conference previously set for Tuesday, 10/31/2023, from 09:00 AM to 1:00 PM before Magistrate Judge Stacie F. Beckerman. The settlement conference will take place by videoconference only, using the Zoom links already provided to the participants. Ordered on 9/21/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 09/21/2023)	RECAP
	Sept. 21, 2023	1 - Scheduling
65	Oct. 30, 2023	SCHEDULING ORDER. Due to illness, CANCELING the Settlement Conference set for Tuesday, 10/31/2023, from 09:00 AM to 1:00 PM by videoconference before Magistrate Judge Stacie F. Beckerman. The settlement conference will be rescheduled. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 10/30/2023)	RECAP
	Oct. 30, 2023	1 - Scheduling
66	Nov. 2, 2023	SCHEDULING ORDER. The Settlement Conference that had been set for October 31, 2023 is RESET to Monday, November 27, 2023 in Portland from 9:00 AM to 1:00 PM (Pacific Standard Time) 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 videoconference information. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 11/02/2023)	RECAP
	Nov. 2, 2023	1 - Scheduling
67	Nov. 6, 2023	Joint Status Report . Filed by All Defendants. (White, Tracy) (Entered: 11/06/2023)	RECAP
68	Nov. 6, 2023	Scheduling Order. The Court is in receipt of the parties' Joint Status Report 67 . At the parties' request, the Court stays all litigation deadlines an additional 60 days until 1/12/2024. A further Joint Status Report is due by 1/5/2024. Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/06/2023)	RECAP
	Nov. 6, 2023	1 - Scheduling

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Case Details

State / Territory:

Oregon

Case Type(s):

Prison Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: April 20, 2021

Closing Date: July 1, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A proposed class of all people with disabilities currently and formerly in the custody of the Oregon Department of Corrections, who have been charged for durable medical equipment and/or healthcare appliances constituting disability accommodations.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Oregon Department of Corrections

State of Oregon

Defendant Type(s):

Corrections