Case: Clackamas County v. Oregon Advocacy Center

Notice of Removal of Case Number CV04040462 from Clackamas County Circuit Court. Filing Fee in amount of $150 collected. Receipt No. 174356 issued..Filed by Oregon Advocacy Center against Oregon Advocacy Center.(Munoz, Nicole) (Entered: 05/11/2004)

Notice to Adverse Party of Removal of Action to Federal Court. Filed by Stephen J. Mathieu appearing on behalf of Oregon Advocacy Center.(Munoz, Nicole) (Entered: 05/11/2004)

Answer, Affirmative Defenses, and Counterclaim. (Related Doc. 1 ). Filed by Oregon Advocacy Center.(Munoz, Nicole) (Entered: 05/11/2004)

Certificate of Service by Oregon Advocacy Center re Notice 2, Notice to Adverse Party of Removal of Action to Federal Court 1 . Filed by Oregon Advocacy Center. (Munoz, Nicole) (Entered: 05/11/2004)

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable John Jelderks. Discovery to be completed by 9/6/2004. Joint Alternate Dispute Resolution Report due by 10/4/2004.Pretrial Order due by 10/4/2004. (Munoz, Nicole) (Entered: 05/11/2004)

Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Defendant Oregon Advocacy Center.(gm) (Entered: 06/25/2004)

Reply to Counterclaim. Filed by all plaintiffs. (Related document(s): Answer to Complaint-Notice of Removal 3 .)(Ybarra-Cole, Kimberley) (Entered: 07/02/2004)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Rule 16 Conference set for 7/14/2004 at 10:00AM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 07/07/2004)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Rule 16 Conference held 7/14/04. Order: The parties are to file Agreed Facts by 9/15/2004. Defendant will file a proposed order and judgment based on the agreed facts by 9/15/2004. Order: Striking the current case schedule. A new schedule will be set at a later date, if necessary. Kimberley Ybarra-Cole present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 07/14/2004)

Notice Of Change Of Address. Filed by Kimberley Anne Ybarra-Cole appearing on behalf of Clackamas County.(tomg, ) (Entered: 07/27/2004)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Setting a Status Conference for 9/2/2004 at 3:00PM in Chambers. (gm) (Entered: 09/01/2004)

Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Clackamas County.(tomg, ) (Entered: 09/03/2004)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Status Conference held 9/2/04. Order Setting the following briefing schedule:Plaintiff's proposed Findings of Undisputed Facts and proposed form of order due by 10/1/2004. Defendant's Response Brief due by 10/15/2004. Plaintiff's Reply Brief due by 10/22/2004. Hearing on the briefings is set for 11/8/2004 at 10:30AM in Courtroom 12-B. Order: The earlier briefing schedule is Stricken. Kimberley Ybarra-Cole present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 09/03/2004)

AMENDED CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Status Conference held 9/2/04. Order Setting the following briefing schedule: Defendant's proposed Findings of Undisputed Facts and proposed form of order due by 10/1/2004. Plaintiff's Response Brief due by 10/15/2004. Defendant's Reply Brief due by 10/22/2004. Hearing on the briefings is set for 11/8/2004 at 10:30AM in Courtroom 12-B. Order: The earlier briefing schedule is Stricken. Kimberley Ybarra-Cole present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 09/07/2004)

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (gm) (Entered: 09/27/2004)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Telephone Conference held 9/30/04. Order: The present briefing schedule is Stayed. Plaintiff shall file a motion to dismiss by 10/1/2004. Kimberley Ybarra-Cole present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 10/01/2004)

Motion to Dismiss. Filed by Clackamas County. (Ybarra-Cole, Kimberley) (Entered: 10/01/2004)

Memorandum in Support. Filed by Clackamas County. (Related document(s): Motion to Dismiss 17 .)(Ybarra-Cole, Kimberley) (Entered: 10/01/2004)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Setting Plaintiff's Motion for Dismissal 17 on the under advisement calendar of 11/8/2004. (gm) (Entered: 10/05/2004)

Memorandum in Opposition to Motion to Dismiss 17 . (Oral Argument Requested.) Filed by Defendant Oregon Advocacy Center.(gm) (Entered: 10/14/2004)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Resetting Plaintiff's Motion for Dismissal 17 from the Under Advisement Calendar of 11/8/2004 to the Oral Argument Calendar of 11/8/2004 at 10:30AM in Courtroom 12-B. (gm) (Entered: 10/18/2004)

Declaration of Barbara Vertz. Filed by Clackamas County. (Related document(s): Motion to Dismiss 17 .)(Ybarra-Cole, Kimberley) (Entered: 10/29/2004)

Declaration of Jessica Leitner. Filed by Clackamas County. (Related document(s): Motion to Dismiss 17 .)(Ybarra-Cole, Kimberley) (Entered: 10/29/2004)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Oral Argument held 11/8/04. Order: Plaintiff's Motion for Dismissal 17 is Denied. Order: Plaintiff will have until 11/19/2004 to supplement the record as to the exact status that pertains to this case and to file a supplement as to the Staudenmaier record. Order: Setting a Telephone Conference for 12/1/2004 10:30 AM in Chambers. The Court will initiate the call to counsel. Kimberley Ybarra-Cole present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: Ilene TenBrook; Tapes # 1808/1809. (gm) (Entered: 11/15/2004)

Declaration of Irene Fischer-Davidson. Filed by Clackamas County. (Related document(s): Motion to Dismiss 17 .) (Attachments: # 1 Exhibit Exhibit 1)(Ybarra-Cole, Kimberley) (Entered: 11/19/2004)

Notice of Attorney Substitution: Attorney Kimberley Anne Ybarra-Cole has been replaced as attorney of record.. Filed by Kathleen J. Hansa, Edward S. McGlone III appearing on behalf of Clackamas County.(dmd, ) (Entered: 11/29/2004)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Telephone Conference held 12/1/04. Order: Within one (1) week of the Court's final decision of the dismissal motion, counsel are to consult and agree on a dispositive motion briefing schedule and inform the Courtroom Deputy. Kathleen Hansa present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: Ilene TenBrook; Tape # 1814. (gm) (Entered: 12/02/2004)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Clackamas County's Motion for Dismissal 17 of this action as moot is Denied. To avoid dismissal on this ground, Oregon Advocacy Center need only show that there is a colorable basis for the remaining relief it seeks. There clearly is such a basis. See Center for Legal Advocacy v. Hammons, 323 F.3d 1262 (10th Cir. 2003). The parties have one (1) week to consult and agree on a dispositive motion briefing schedule and inform the Courtroom Deputy. (gm) (Entered: 03/30/2005)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Granting Plaintiff's unopposed E-mail Request dated 4/7/05 for extension of time as follows and as modified: Dispositive Motions due by 6/10/2005. Response to Dispositive Motions due by 7/1/2005. Replies to Dispositive Motions due by 7/15/2005. Pretrial Order due by 8/15/2005 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. Exchange of Expert Witness Statements must be completed by 8/15/2005 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. Joint Alternate Dispute Resolution Report due by 8/15/2005 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 04/11/2005)

Motion for Summary Judgment. Filed by all plaintiffs. (McGlone, Edward) (Entered: 06/10/2005)

Concise Statement of Material Fact. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 30 .)(McGlone, Edward) (Entered: 06/10/2005)

Declaration of Kimberley Ybarra-Cole. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 30 .)(McGlone, Edward) (Entered: 06/10/2005)

Declaration of Dr. Mary McBride. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 30 .)(McGlone, Edward) (Entered: 06/10/2005)

Declaration of Kathleen J. Hansa. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 30 .)(McGlone, Edward) (Entered: 06/10/2005)

Motion for Summary Judgment Directed at Defendants Counter Claim. Filed by Clackamas County. (McGlone, Edward) (Entered: 06/10/2005)

Concise Statement of Material Fact Directed at Defendants Counter Claim. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 35 .)(McGlone, Edward) (Entered: 06/10/2005)

Memorandum in Support of Summary Judgment on Defendants Counter Claim. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 35 .)(McGlone, Edward) (Entered: 06/10/2005)

Memorandum in Support of Motion for Summary Judgment. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 30 .)(McGlone, Edward) (Entered: 06/10/2005)

Motion for Summary Judgment. Oral Argument Requested. Filed by Oregon Advocacy Center. (dmd, ) (Entered: 06/13/2005)

Memorandum in Support of Motion for Summary Judgment. Filed by Oregon Advocacy Center. (Related document(s): Motion for Summary Judgment 39 .)(dmd, ) (Entered: 06/13/2005)

Concise Statement of Undisputed Fact. Filed by Oregon Advocacy Center. (Related document: Motion for Summary Judgment 39 ). (dmd, ) (Entered: 06/13/2005)

Certificate of Service re Motion for Summary Judgment 39, Memorandum in Support of Motion 40, Concise Statement 41 . Filed by Oregon Advocacy Center. (dmd, ) (Entered: 06/13/2005)

CIVIL MINUTES: Record of Order by Judge John Jelderks: Setting Plaintiff's Motion for Summary Judgment 30, Plaintiff's Cross-Motion for Summary Judgment 35, and Defendant's Motion for Summary Judgment 39 on the Oral Argument Calendar of 7/27/2005 at 9:30AM in Courtroom 12-B. (gm) (Entered: 06/17/2005)

Reply in support of summary judgment and in opposition to Motion for Summary Judgment Directed at Defendants Counter Claim 35, Motion for Summary Judgment 30 . Filed by Clackamas County.(Hansa, Kathleen) (Entered: 07/01/2005)

Memorandum in Opposition to defendant's concise statement of facts to Motion for Summary Judgment 39 . Filed by Clackamas County.(Hansa, Kathleen) (Entered: 07/01/2005)

Opposition to Motion for Summary Judgment Directed at Defendants Counter Claim 35 . Filed by Oregon Advocacy Center.(ntm, ) (Entered: 07/06/2005)

Opposition to Clackamas County's Concise Statement of Fact. Filed by Oregon Advocacy Center. (Related document(s): Concise Statement of Material Fact 31 .)(ntm, ) (Entered: 07/06/2005)

Certificate of Service by Oregon Advocacy Center re Objection 47, Memorandum in Opposition 46 . Filed by Oregon Advocacy Center. (ntm, ) (Entered: 07/06/2005)

Response in Opposition to Motion for Summary Judgment 30 . Filed by Oregon Advocacy Center.(ntm, ) (Entered: 07/06/2005)

Reply Memorandum in Opposition to Defendant's Motion for summary judgment and in support of plaintiff's motions for summary judgment to Motion for Summary Judgment Directed at Defendants Counter Claim 35, Motion for Summary Judgment 30 . Filed by Clackamas County.(Hansa, Kathleen) (Entered: 07/15/2005)

Declaration of Dr. Mary McBride in support of plaintiff's motions for summary judgment and in opposition to defendant's motion for summary judgment. Filed by Clackamas County. (Hansa, Kathleen) (Entered: 07/15/2005)

Reply to Clackamas County's Opposition to Motion for Summary Judgment. Filed by Oregon Advocacy Center. (Related document(s): Motion for Summary Judgment 39, Reply to Motion, 50 .)(dmd, ) (Entered: 07/15/2005)

Reply to Clackamas County's Opposition to Concise Statement of Fact. Filed by Oregon Advocacy Center. (Related document(s): Memorandum in Opposition 45 .)(dmd, ) (Entered: 07/15/2005)

Certificate of Service re Reply 53, Reply 52 . Filed by Oregon Advocacy Center. (dmd, ) (Entered: 07/15/2005)

CIVIL MINUTES: Record of Proceedings before Judge John Jelderks: Oral Argument held 7/27/05. Order: Plaintiff's Motion for Summary Judgment 30, Plaintiff's Cross-Motion for Summary Judgment 35, and Defendant's Motion for Summary Judgment 39 are taken under advisement as of 7/27/2005. Kathleen Hansa present as counsel for plaintiff(s). Stephen Mathieu present as counsel for defendant(s). Court Reporter: Ilene TenBrook. Tape No: 1876. (gm) (Entered: 07/29/2005)

OPINION AND ORDER: Defendant's Motion for Summary Judgment 39 is DENIED. Plaintiff's Motions for Summary Judgment 30 and 35 are GRANTED to the extent stated in the Opinion. Relief will be confined to deciding the specific matter before the court, and not the broader declaratory ruling that Plaintiff had requested. Plaintiff is not required to provide Defendant with access to the peer review report concerning Jane Doe. All other issues are MOOT. Signed on 1/3/2006 by Judge John Jelderks. (mjp) (Entered: 01/03/2006)

Judgment. Signed on 1/6/2006 by Judge John Jelderks. (mjp) (Entered: 01/06/2006)

Notice of Appeal (with attached Representation Statement)to USCA 9th Circuit from Judgment 57 entered 1/6/06 and from Opinion 56 . Filing fee in amount of $255.00 collected; Receipt No. 7643 issued. Filed by Oregon Advocacy Center. (Related Document(s): Judgment 57, Opinion,, 56 ) (tomg, ) (Entered: 01/31/2006)

Notification of Appeal 58 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. CADS mailed to Court of Appeals. (Related Document(s): Notice of Appeal, 58 ) (tomg, ).

Transcript Designation and Order Form for the hearing held on July 27, 2005 before Judge John Jelderks. Court Reporter: Ilene Tenbrook. Regarding Notice of Appeal 58 . Filed by Oregon Advocacy Center. (Related Document(s): Notice of Appeal 58 ) (eo) (Entered: 02/08/2006)

Notice of Attorney Substitution:. Filed by Kimberley Anne Ybarra-Cole appearing on behalf of Clackamas County.(Ybarra-Cole, Kimberley) (Entered: 02/07/2006)

Notice confirming Docketing Record on Appeal re Notice of Appeal 58 Case Appealed to 9th Circuit Court of Appeals. Case Number 6-35116 assigned. (Related Document(s): Notice of Appeal 58 ) (eo)

Transcript of Proceedings held on July 27, 2005 before Judge John Jelderks. Court Reporter: Ilene Tenbrook. (Related Document(s): Notice of Appeal 58 ) (eo) Modified on 3/8/2006 (pvh, ). (Entered: 02/28/2006)

Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal CA 06-35116 58 filed by Oregon Advocacy Center on 1/30/06. (Related Document(s): Notice of Appeal, 58 ) (tomg, ) (Entered: 03/30/2006)