Case: Mendoza v. Garrett

U.S. Department of Justice

Declaration of Marisa Samuelson . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Fox, Emily) (Entered: 09/07/2018)

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2 Exhibit 2

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Declaration of Karl Wade Roberts . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/07/2018)

Declaration of Cindy Mendoza . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Fox, Emily) (Entered: 09/07/2018)

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Declaration of Rebecca Heath . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Fox, Emily) (Entered: 09/07/2018)

Declaration of Cekais Toni Ganuelas . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1) (Fox, Emily) (Entered: 09/07/2018)

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Declaration of Beth Englander . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3 .) (Fox, Emily) (Entered: 09/07/2018)

Declaration of Gloria Bermudez . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Fox, Emily) (Entered: 09/07/2018)

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Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/07/2018)

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5544819 Jury Trial Requested: Yes. Filed by Cekais Toni Ganuelas, Gloria Bermudez, Cindy Mendoza, Rebecca Heath, Karl Wade Roberts against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Fox, Emily) (Entered: 09/07/2018)

1 Civil Cover Sheet

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2 Proposed Summons

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Summons Issued Electronically as to Tammy Baney, Martin Callery, Matthew Garrett, Tom McClellan, Sean O'Hollaren, Bob Van Brocklin. 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. (joha) (Entered: 09/10/2018)

Notice of Case Assignment to Judge Anna J. Brown 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 1/8/2019. Joint Alternate Dispute Resolution Report is due by 2/7/2019. Pretrial Order is due by 2/7/2019. Ordered by Judge Anna J. Brown. (joha) (Entered: 09/10/2018)

Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Marco A. Hernandez. (eo) (Entered: 09/13/2018)

Notice of Appearance of G. Frank Hammond appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Hammond, G.) (Entered: 09/13/2018)

Scheduling Order by Judge Marco A. Hernandez regarding Motion for Preliminary Injunction 2 . Oral Argument is set for 10/11/2018 at 02:00PM in Portland Courtroom 15A before Judge Marco A. Hernandez. The Response to the motion is due by Noon on 9/25/2018. Reply is due by 10/2/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/14/2018)

Notice of Association of Attorney Renee R. Stineman,Renee R. Stineman for Martin Callery,Renee R. Stineman for Sean O'Hollaren,Renee R. Stineman for Tammy Baney,Renee R. Stineman for Tom McClellan,Renee R. Stineman for Bob Van Brocklin,Renee R. Stineman for Matthew Garrett. Filed by All Defendants. (Stineman, Renee) (Entered: 09/18/2018)

Waiver of Service of Summons Returned Executed by Matthew Garrett waiver sent on 9/10/2018. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/18/2018)

Waiver of Service of Summons Returned Executed by Tom McClellan waiver sent on 9/10/2018. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/18/2018)

Declaration of Renee Stineman . Filed by All Defendants. (Related document(s): Motion for Extension of Time 20 .) (Stineman, Renee) (Entered: 09/20/2018)

Motion for Extension of Time (Defendants' Opposed Motion to Extend Time for Response to Motion for Class Certification). Filed by All Defendants. (Stineman, Renee) (Entered: 09/20/2018)

Notice of Association of Attorney Beth Andrews,Beth Andrews for Martin Callery,Beth Andrews for Sean O'Hollaren,Beth Andrews for Tammy Baney,Beth Andrews for Tom McClellan,Beth Andrews for Bob Van Brocklin,Beth Andrews for Matthew Garrett. Filed by All Defendants. (Andrews, Beth) (Entered: 09/20/2018)

Response in Opposition to Motion for Extension of Time (Defendants' Opposed Motion to Extend Time for Response to Motion for Class Certification) 20 . Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/21/2018)

ORDER: Granting in part Defendant's motion to extend time to respond to the class certification motion, ECF 20. Defendant's response to the motion for class certification is extended until October 19, 2018. However, the Court will address the entire case schedule, including revisiting the briefing on the class certification motion, at the conclusion of the preliminary injunction hearing set for October 11, 2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/24/2018)

Declaration of Mary Garcia . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Declaration of Karen Brisbin . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Declaration of Jad Lemhouse . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Memorandum in Opposition to Motion for Preliminary Injunction 2 Oral Argument requested. Filed by All Defendants. (Hammond, G.) (Entered: 09/25/2018)

Waiver of Service of Summons Returned Executed by Sean O'Hollaren waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Waiver of Service of Summons Returned Executed by Martin Callery waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Waiver of Service of Summons Returned Executed by Tammy Baney waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Waiver of Service of Summons Returned Executed by Bob Van Brocklin waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/27/2018)

Declaration of Jeremy Chase in Support of Plaintiffs' Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 2 .) (Fox, Emily) (Entered: 10/02/2018)

Reply to Motion for Preliminary Injunction 2 Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 10/02/2018)

Waiver Acceptance of Service on behalf of All Defendants of Motion for Preliminary Injunction, Motion to a Certify a Class. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 10/02/2018)

Declaration of Kathy Stinnett . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Stineman, Renee) (Entered: 10/09/2018)

MINUTES of Proceedings: Oral Argument held regarding Plaintiffs' Motion for Preliminary Injunction 2 . The Court took the matter under advisement as of 10/11/2018. Briefing on the class certification motion, ECF 3, is stayed until further order of the Court. After the Court resolves the motion for preliminary injunction, the Court will set a status conference to discuss the case schedule. Defendants' response to the Complaint, whether it be an Answer or a motion, is not due until after this status conference and at a date which will be set at that time. Emily Teplin Fox and Kelsey McCowan Heilman present as counsel for plaintiff(s). Beth Andrews and Renee R. Stineman present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 10/12/2018)

Supplemental Declaration of Mary Garcia in Opposition to Motion for Preliminar Injunction. Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Stineman, Renee) (Entered: 10/11/2018)

First Amended Complaint . Filed by Cekais Toni Ganuelas, Gloria Bermudez, Cindy Mendoza, Rebecca Heath, Karl Wade Roberts, Jeremy Chase against All Defendants (Attachments: # 1 Attachment Redline of Amended Complaint). (Heilman, Kelsey) (Entered: 10/16/2018)

1 Attachment Redline of Amended Complaint

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Notice of Attorney Substitution:Attorney Sadie Forzley is substituted as counsel of record in place of Attorney G. Frank Hammond Filed by All Defendants. (Forzley, Sadie) (Entered: 11/06/2018)

OPINION & ORDER: Plaintiffs' motion for preliminary injunction 2 is denied. Signed on 12/12/2018 by Judge Marco A. Hernandez. (jp) (Entered: 12/12/2018)

Scheduling Order by Judge Marco A. Hernandez. A Scheduling Telephone Conference is set for 1/9/2019 at 03:00PM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 12/20/2018)

1 - Scheduling

MINUTES of Proceedings: Scheduling Conference held. Status of case discussed as stated on the record. Plaintiff to file an Amended Complaint by 2/15/2019. ORDER: Staying the discovery deadline. The PTO and ADR deadlines previously set are STRIKEN and will be reset at a later date. A further Telephone Status Conference is set for 2/25/2019 at 03:00PM before Judge Marco A. Hernandez. The parties shall use the same conference call information used for today's call. Kelsey McGowan Heilman and Marisa Antonia Samuelson present as counsel for plaintiff(s). Beth Andrews, Sadie Forzley and G. Frank Hammond present as counsel for defendant(s).(Court Reporter Nancy Walker.) Judge Marco A. Hernandez presiding. (jp) (Entered: 01/10/2019)

Motion to Withdraw Motion to certify class 3 . Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 01/11/2019)

ORDER: Granting Motion to Withdraw 43 Motion to Certify the Class 3 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/14/2019)

Consent Motion for Leave to File Amended Complaint/Petition, Dismiss Parties, and Set Briefing Schedule. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Second Amended Complaint Redline) (Heilman, Kelsey) (Entered: 02/15/2019)

ORDER by Judge Marco A. Hernandez GRANTING Consent Motion for Leave to File Amended Complaint/Petition, Dismiss Parties, and Set Briefing Schedule 45 . Amended Complaint shall be filed by 2/25/2019. The following Plaintiff's are DISMISSED: (1) Jeremy Chase (on behalf of himself and all others similarly situated), (2) Sean O'Hollaren (in his official capacity as Member of the Oregon Transportation Commission), (3) Bob Van Brocklin (in his official capacity as Member of the Oregon Transportation Commission), (4) Tammy Baney (in her official capacity as Chair of the Oregon Transportation Commission) and (5) Martin Callery (in his official capacity as Member of the Oregon Transportation Commission). FURTHER ORDERED: Defendant shall file the Motion to Dismiss by 3/1/2019. Plaintiffs' Response is due by 3/15/2019. Defendants' Reply is due by 3/29/2019. The Telephone Status Conference set for 2/25/2019 at 3:00PM is CANCELLED. Further court dates will be set after the Court's resolution of Defendants' motion, as described in the briefing schedule. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 02/22/2019)

Second Amended Complaint . Filed by Cekais Toni Ganuelas, Gloria Bermudez, Cindy Mendoza, Rebecca Heath, Karl Wade Roberts, Lori Spano against Matthew Garrett, Tom McClellan. (Heilman, Kelsey) (Entered: 02/25/2019)

Declaration of Sadie Forzley. Filed by Matthew Garrett, Tom McClellan. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim 48 .) (Forzley, Sadie) (Entered: 03/01/2019)

Declaration of Mary Garcia. Filed by Matthew Garrett, Tom McClellan. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim 48 .) (Forzley, Sadie) (Entered: 03/01/2019)

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Tom McClellan, Matthew Garrett. (Forzley, Sadie) (Entered: 03/01/2019)

Declaration of Kelsey Heilman in Support of Plaintiffs' Memorandum in Opposition to Defendants' Rule 12 Motions to Dismiss. Filed by Gloria Bermudez, Cekais Toni Ganuelas, Rebecca Heath, Cindy Mendoza, Karl Wade Roberts, Lori Spano. (Related document(s): Response in Opposition to Motion, 51 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Heilman, Kelsey) (Entered: 03/15/2019)

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 48 Oral Argument requested. Filed by Gloria Bermudez, Cekais Toni Ganuelas, Rebecca Heath, Cindy Mendoza, Karl Wade Roberts, Lori Spano. (Heilman, Kelsey) (Entered: 03/15/2019)

Reply in Support of to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 48 Oral Argument requested. Filed by Matthew Garrett, Tom McClellan. (Forzley, Sadie) (Entered: 03/29/2019)

Notice of Supplemental Authority Filed by All Defendants. (Forzley, Sadie) (Entered: 05/15/2019)

JUDGMENT: This action is dismissed, with prejudice. Signed on 5/16/2019 by Judge Marco A. Hernandez. (jp) (Entered: 05/22/2019)

OPINION & ORDER: Defendants' motion to dismiss 48 is granted. All claims are dismissed with prejudice. Signed on 5/16/2019 by Judge Marco A. Hernandez. (jp) (Entered: 05/22/2019)

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, 57 . Case Appealed to 9th Circuit Court of Appeals Case Number 19-35506 assigned. (sss)

Notice of Appeal to the 9th Circuit from Opinion and Order 55, Judgment 56 Filing fee $505 collected; Agency Tracking ID 0979-5885261: . Filed by Gloria Bermudez, Cekais Toni Ganuelas, Rebecca Heath, Cindy Mendoza, Karl Wade Roberts, Lori Spano. (Attachments: # 1 Attachment Representation Statement) (Heilman, Kelsey) (Entered: 06/11/2019)

Notice re USCA Case Number, Notice of Appeal, 57 FRAP 10(b)(1)(B) Certificate Filed by Gloria Bermudez, Cekais Toni Ganuelas, Rebecca Heath, Cindy Mendoza, Karl Wade Roberts, Lori Spano. (Related document(s): USCA Case Number, Notice of Appeal, 57 .) (Heilman, Kelsey) (Entered: 06/13/2019)

Notice of Attorney Substitution: Shannon M. Vincent is substituted as counsel of record in place of Attorney Beth Andrews and Renee R. Stineman . Filed by on behalf of All Defendants. (Vincent, Shannon) (Entered: 09/21/2022)

USCA Opinion for the 9th Circuit, USCA #19-35506, re Notice of Appeal, 57 The decision of the District Court is: AFFIRMED. (ecp) (Entered: 10/12/2022)

Order from USCA for the 9th Circuit, USCA # 19-35506 re Notice of Appeal, 57 . Appellees' Motion to Withdraw Filing (Dkt. No. 81 ), is granted. Appellees' original Response to Appellant Cindy Mendoza's Petition for Rehearing En Banc, filed on January 4, 2023 (Dkt. No. 80 ) is stricken. Appellees' corrected Response, submitted on January 5, 2023 (Dkt. No. 82 ), is accepted for filing (ecp) (Entered: 01/06/2023)

Order from USCA for the 9th Circuit, USCA # 19-35506 re Notice of Appeal, 57 .The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See FED. R. APP. P. 35(a). Judge H.A. Thomas did not participate in the deliberations or vote in this case. The petition for rehearing en banc is DENIED. (ecp) (Entered: 04/17/2023)

MANDATE of USCA for the 9th Circuit, USCA #19-35506, re Notice of Appeal, 57 The decision of the District Court is: AFFIRMED. (ecp) (Entered: 04/25/2023)