Case: VanValkenburg v. Oregon Department of Corrections

3:14-cv-00916 | U.S. District Court for the District of Oregon

Filed Date: June 6, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 6, 2014, a deaf prison inmate who primarily communicates in American Sign Language filed a lawsuit in the District Court of Oregon against the Oregon Department of Corrections. The plaintiff brought disability discrimination claims under the ADA and a state anti-discrimination statute, as well as an unjust enrichment claim. The plaintiff, represented by private attorneys, sought $460,000 in damages, claiming that there was a failure by the prison system to communicate with him since the…

On June 6, 2014, a deaf prison inmate who primarily communicates in American Sign Language filed a lawsuit in the District Court of Oregon against the Oregon Department of Corrections. The plaintiff brought disability discrimination claims under the ADA and a state anti-discrimination statute, as well as an unjust enrichment claim. The plaintiff, represented by private attorneys, sought $460,000 in damages, claiming that there was a failure by the prison system to communicate with him since the beginning of his sentence in late 2000 (14 years). The lawsuit claimed that, instead of providing interpreters, the prison made him train other inmates as his interpreters and that they were not qualified to help him. These interpreters were also privy to confidential information since they were his method of communication for medical, religious, and counseling services.

On June 13, 2014, the defendant filed a partial motion to dismiss the plaintiff's unjust enrichment claim, as well as both disability discrimination claims on statute of limitations grounds. On October 6, 2014, the plaintiff filed an amended complaint, which no longer included the unjust enrichment claim.

District Judge Anna J. Brown denied the defendant's motion to dismiss on October 30, 2014. With respect to the plaintiff's disability discrimination claims, the Court held that the continuing-violations doctrine (ADA claim) and the continuing-tort doctrine (state law claim) applied because the defendant’s conduct constituted longstanding, continuing violations based on discriminatory policies. 2014 WL 5494895.

On March 18, 2015, the plaintiff filed a second amended complaint. The defendant filed a motion for summary judgment on June 16, 2015 and a second motion for partial summary judgment on August 28, 2015. The plaintiff then filed a cross motion for partial summary judgment on September 18, 2015.

On February 4, 2016, Judge Brown denied the plaintiff's motion for partial summary judgment and granted in part and denied in part the defendant's motions for summary judgment. Specifically, the Court granted the defendant's motion with respect to the plaintiff's claims for injunctive relief because he had been released from custody; limited the plaintiff's recovery under the state anti-discrimination law to instances of disability discrimination that occurred on or after September 23, 2013; limited the plaintiff's recovery under the ADA to instances of disability discrimination that occurred on or after May 5, 2012; and dismissed the plaintiff's claim under the ADA for emotional-distress damages as barred by the Prison Litigation Reform Act (PLRA). 2016 WL 447839. On May 2, 2016, Judge Brown issued an amended opinion and order in which he entered summary judgment in the defendant's favor against the plaintiff’s “continuing tort” theory of the case. The Court found that a question of fact existed regarding whether the plaintiff exhausted his administrative remedies in order for his federal claim to proceed at all, pursuant to the PLRA. 2016 WL 2337892.

On May 19, 2016, the case was reassigned to Judge Michael W. Mosman. In August 2016, the parties engaged in settlement discussions, but were unable to reach an agreement and the case proceeded to a jury trial. The Court bifurcated the trial and first heard arguments on whether the plaintiff complied with the PLRA's exhaustion requirement. The Court held that the plaintiff had failed to exhaust his administrative remedies and dismissed his entire remaining ADA claim with prejudice. Following trial on the remainder of the plaintiff's state law discrimination claims, the jury returned a verdict of $400,000 in noneconomic damages for the plaintiff on November 3, 2016.

On December 5, 2016, the defendant filed a motion for judgment as a matter of law and, in the alternative, a motion for a new trial and an order of remittitur. On February 8, 2017, the Court denied the defendant's motion and judgment was entered for the plaintiff in the amount of $400,000.

On June 9, 2017, Judge Mosman ruled on the plaintiff's motion for attorneys' fees and costs in the amount of $911,062.21. While he did find that a fee multiplier was appropriate based on the risk involved in the case and the performance of the plaintiff's attorneys, he adopted a smaller fee multiplier than the one requested. Thus, Judge Mosman awarded the plaintiff $683,873.13 in attorneys' fees, $18,155.19 in costs, and $3,924.79 in litigation expenses. 2017 WL 2495496.

Although the parties both appealed the District Court's decision to the U.S. Court of Appeals for the Ninth Circuit in March 2017, the parties agreed to voluntarily dismiss the appeals on September 21, 2017 for unknown reasons. The case is now closed.

Summary Authors

Deeva Shah (9/25/2014)

Eva Richardson (1/20/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5474556/parties/vanvalkenburg-v-oregon-department-of-corrections/


Judge(s)

Brown, Anna J. (Oregon)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Ellis, Matthew C (Oregon)

Payne, Shenoa L. (Oregon)

Attorneys(s) for Defendant

Van Meter, Heather J. (Oregon)

Vincent, Shannon M. (Oregon)

Judge(s)

Brown, Anna J. (Oregon)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Ellis, Matthew C (Oregon)

Payne, Shenoa L. (Oregon)

Attorneys(s) for Defendant

Van Meter, Heather J. (Oregon)

Vincent, Shannon M. (Oregon)

Documents in the Clearinghouse

Document

3:14-cv-00916

Docket [PACER]

Nov. 3, 2017

Nov. 3, 2017

Docket
1-2

3:14-cv-00916

Complaint [PACER]

David D. VanValkenburg v. Oregon Department of Corrections

May 5, 2014

May 5, 2014

Complaint
3

3:14-cv-00916

Defendant Oregon Department of Corrections Partial Motion to Dismiss Plaintiff's Complaint

David D. VanValkenburg v. Oregon Dept of Corrections

June 13, 2014

June 13, 2014

Pleading / Motion / Brief
26

3:14-cv-00916

Opinion and Order

Oct. 30, 2014

Oct. 30, 2014

Order/Opinion
43

3:14-cv-00916

Second Amended Complaint

March 18, 2015

March 18, 2015

Complaint
109

3:14-cv-00916

Amended Opinion and Order

May 2, 2016

May 2, 2016

Order/Opinion
210

3:14-cv-00916

Opinion and Order

Feb. 8, 2017

Feb. 8, 2017

Order/Opinion
240

3:14-cv-00916

Opinion and Order

June 9, 2017

June 9, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5474556/vanvalkenburg-v-oregon-department-of-corrections/

Last updated July 18, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

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)

June 6, 2014

June 6, 2014

Clearinghouse
2

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)

June 6, 2014

June 6, 2014

PACER
3

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

June 13, 2014

June 13, 2014

Clearinghouse
4

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

June 19, 2014

June 19, 2014

PACER
5

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

June 19, 2014

June 19, 2014

PACER
6

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

June 23, 2014

June 23, 2014

PACER
7

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)

June 24, 2014

June 24, 2014

PACER
8

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)

June 25, 2014

June 25, 2014

PACER
9

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)

June 25, 2014

June 25, 2014

PACER
10

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)

June 30, 2014

June 30, 2014

PACER
11

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)

July 1, 2014

July 1, 2014

PACER
12

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)

July 8, 2014

July 8, 2014

PACER
13

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)

July 14, 2014

July 14, 2014

PACER
14

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)

July 25, 2014

July 25, 2014

PACER
15

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)

Aug. 27, 2014

Aug. 27, 2014

PACER
17

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)

Sept. 15, 2014

Sept. 15, 2014

PACER
16

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)

Sept. 16, 2014

Sept. 16, 2014

PACER
18

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)

Sept. 19, 2014

Sept. 19, 2014

PACER
19

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

Oct. 6, 2014

Oct. 6, 2014

PACER
20

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)

Oct. 14, 2014

Oct. 14, 2014

PACER
21

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)

Oct. 16, 2014

Oct. 16, 2014

PACER
22

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

Oct. 17, 2014

Oct. 17, 2014

PACER
23

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)

Oct. 17, 2014

Oct. 17, 2014

PACER
24

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)

Oct. 20, 2014

Oct. 20, 2014

PACER
25

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

Oct. 30, 2014

Oct. 30, 2014

PACER
26

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)

Oct. 30, 2014

Oct. 30, 2014

Clearinghouse
27

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)

Nov. 4, 2014

Nov. 4, 2014

PACER
28

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

Nov. 13, 2014

Nov. 13, 2014

PACER
29

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

Nov. 17, 2014

Nov. 17, 2014

PACER
30

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)

Nov. 21, 2014

Nov. 21, 2014

PACER
31

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)

Nov. 21, 2014

Nov. 21, 2014

PACER
32

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)

Nov. 25, 2014

Nov. 25, 2014

PACER
33

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)

Dec. 11, 2014

Dec. 11, 2014

PACER
34

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)

Dec. 22, 2014

Dec. 22, 2014

PACER
35

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)

Jan. 5, 2015

Jan. 5, 2015

PACER
36

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)

Jan. 20, 2015

Jan. 20, 2015

PACER
37

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)

Jan. 20, 2015

Jan. 20, 2015

PACER
38

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)

Jan. 27, 2015

Jan. 27, 2015

PACER
39

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)

Feb. 2, 2015

Feb. 2, 2015

RECAP
40

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

Feb. 10, 2015

Feb. 10, 2015

PACER
41

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)

Feb. 13, 2015

Feb. 13, 2015

PACER
42

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

March 18, 2015

March 18, 2015

PACER
43

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

March 18, 2015

March 18, 2015

Clearinghouse
44

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)

March 20, 2015

March 20, 2015

PACER
45

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)

April 8, 2015

April 8, 2015

PACER
46

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

April 17, 2015

April 17, 2015

PACER
47

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)

April 20, 2015

April 20, 2015

PACER
48

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)

April 23, 2015

April 23, 2015

PACER
49

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

June 16, 2015

June 16, 2015

PACER
50

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)

June 16, 2015

June 16, 2015

PACER
51

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)

June 16, 2015

June 16, 2015

PACER
52

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

July 10, 2015

July 10, 2015

PACER
53

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)

July 10, 2015

July 10, 2015

PACER
54

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)

July 10, 2015

July 10, 2015

PACER
55

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

July 13, 2015

July 13, 2015

PACER
56

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

July 13, 2015

July 13, 2015

PACER
57

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)

July 14, 2015

July 14, 2015

PACER
58

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)

July 17, 2015

July 17, 2015

PACER
59

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

July 27, 2015

July 27, 2015

PACER
60

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)

July 27, 2015

July 27, 2015

PACER
61

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)

July 27, 2015

July 27, 2015

PACER
62

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)

July 27, 2015

July 27, 2015

PACER
63

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

Aug. 4, 2015

Aug. 4, 2015

PACER
64

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)

Aug. 28, 2015

Aug. 28, 2015

PACER
65

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)

Aug. 28, 2015

Aug. 28, 2015

PACER
66

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)

Aug. 31, 2015

Aug. 31, 2015

PACER
67

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)

Aug. 31, 2015

Aug. 31, 2015

PACER
68

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)

Sept. 11, 2015

Sept. 11, 2015

PACER
69

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)

Sept. 17, 2015

Sept. 17, 2015

PACER
70

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)

Sept. 17, 2015

Sept. 17, 2015

PACER
71

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
72

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

Sept. 18, 2015

Sept. 18, 2015

PACER
73

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
74

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
75

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
76

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
77

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
78

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)

Sept. 18, 2015

Sept. 18, 2015

PACER
79

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

Sept. 28, 2015

Sept. 28, 2015

PACER
80

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

Sept. 29, 2015

Sept. 29, 2015

PACER
81

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)

Oct. 6, 2015

Oct. 6, 2015

PACER
82

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

Oct. 9, 2015

Oct. 9, 2015

PACER
83

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)

Oct. 9, 2015

Oct. 9, 2015

PACER
84

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

Oct. 9, 2015

Oct. 9, 2015

PACER
85

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

Oct. 9, 2015

Oct. 9, 2015

PACER
86

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

Oct. 9, 2015

Oct. 9, 2015

PACER
87

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)

Oct. 9, 2015

Oct. 9, 2015

PACER
88

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)

Oct. 20, 2015

Oct. 20, 2015

PACER
89

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

Oct. 21, 2015

Oct. 21, 2015

PACER
90

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)

Oct. 21, 2015

Oct. 21, 2015

PACER
91

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)

Oct. 21, 2015

Oct. 21, 2015

PACER
92

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)

Oct. 21, 2015

Oct. 21, 2015

PACER
93

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)

Oct. 29, 2015

Oct. 29, 2015

PACER
94

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

Oct. 30, 2015

Oct. 30, 2015

PACER
95

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)

Nov. 10, 2015

Nov. 10, 2015

PACER
96

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)

Nov. 10, 2015

Nov. 10, 2015

PACER
97

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)

Nov. 16, 2015

Nov. 16, 2015

PACER
98

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)

Dec. 7, 2015

Dec. 7, 2015

PACER
99

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)

Dec. 7, 2015

Dec. 7, 2015

PACER
100

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

Jan. 5, 2016

Jan. 5, 2016

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: June 6, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A deaf inmate

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon Department fo Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $1,105,953.11

Issues

General:

Classification / placement

Conditions of confinement

Effective Communication (ADA)

Religious programs / policies

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Language discrimination

Disability:

Hearing impairment

Type of Facility:

Government-run