Case: Terrill v. Oregon

Terrill v. State of Oregon

Terrill v. State of Oregon

Disability Rights Advocates

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

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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)

CASE MANAGEMENT ORDER. Signed on 4/20/2021 by Judge Ann L. Aiken. (ck) (Entered: 04/20/2021)

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)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 4 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)

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)

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)

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)

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)

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)

Leave to Appear Pro Hac Vice

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice

Waiver of Service of Summons Returned Executed Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 05/19/2021)

Notice of Attorney Withdrawal: Shira J. Tevah Filed by Donald Terrill. (Tevah, Shira) (Entered: 06/07/2021)

Answer to 1 Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (Fallon, Abigail) (Entered: 06/18/2021)

Rule 26(f) Report and Discovery Plan . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)

Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 07/23/2021)

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)

Order on Motion for Extension of Discovery & PTO Deadlines

Motion for Protective Order (Stipulated Protective Order). Filed by Colette Peters, State of Oregon. (Nordyke, Vanessa) (Entered: 07/27/2021)

ORDER: Granting Stipulated Motion for a Protective Order 15 . Signed on 7/27/2021 by Judge Ann L. Aiken. (ck) (Entered: 07/27/2021)

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)

Joint ADR Report . Filed by All Defendants.(Nordyke, Vanessa) (Entered: 08/31/2021)

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)

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Donald Terrill. (Zito, Thomas) (Entered: 10/22/2021)

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)

Order on Motion for Extension of Discovery & PTO Deadlines

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)

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)

1 - Scheduling

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)

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)

Order on Motion for Extension of Discovery & PTO Deadlines

Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Donald Terrill. (Walsh, Lynn) (Entered: 11/29/2021)

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)

Order on Motion For Leave to File AmendedComplaint/Petition

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)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 28 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/03/2021)

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)

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)

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice

Settlement Conference

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)

Answer to 31 Amended Complaint with Jury Demand . Filed by Colette Peters, State of Oregon. (White, Tracy) (Entered: 12/20/2021)

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 03/04/2022)

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)

Order on Motion for Extension of Discovery & PTO Deadlines

Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Nicolas Pando, Donald Terrill, Michael Wesley. (Zito, Thomas) (Entered: 05/10/2022)

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)

Order on Motion for Extension of Discovery & PTO Deadlines

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)

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)

ORDER: Granting Unopposed Motion for Leave to Depose Plaintiff Adults in Custody 37 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/20/2022)

Order on Motion for Leave

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)

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)

Order on Motion for Extension of Time

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)

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)

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)

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)

Order on Motion for Extension of Time

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)

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)

Settlement Conference

1 - Scheduling

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)

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)

Settlement Conference

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)

1 - Scheduling

Joint Motion for Extension of Time and stipulation. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 02/09/2023)

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)

Order on Motion for Extension of Time

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)

Notice of Change of Address. Filed by All Plaintiffs. (Zito, Thomas) (Entered: 02/14/2023)

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)

Settlement Conference

Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 05/05/2023)

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)

1 - Scheduling

Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 06/08/2023)

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)

1 - Scheduling

Joint Status Report . Filed by All Defendants. (Conbere, Jill) (Entered: 08/07/2023)

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)

1 - Scheduling

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)

Notice of Attorney Withdrawal: Jelena Kolic Filed by All Plaintiffs. (Kolic, Jelena) (Entered: 09/14/2023)

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)

1 - Scheduling

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)

1 - Scheduling

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)

1 - Scheduling

Joint Status Report . Filed by All Defendants. (White, Tracy) (Entered: 11/06/2023)

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)

1 - Scheduling