Case: Oregon Advocacy Center v. SCAR-Jasper Mountain

Complaint Filing Fee in amount of $350 collected. Receipt No. 600001695 issued.Summons issued as to Defendant Scar/Jasper Mountain through Registered Agent Michael Kelly and Defendant David Ziegler.Filed by Oregon Advocacy Center against SCAR/Jasper Mountain, David Ziegler. (ljb) (Entered: 09/19/2006)

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Thomas M. Coffin. Discovery is to be completed by 1/17/2007. Joint Alternate Dispute Resolution Report is due by 2/16/2007. Pretrial Order is due by 2/16/2007. Ordered by Judge Thomas M. Coffin. (ljb) (Entered: 09/19/2006)

Motion for Preliminary Injunction. Oral Argument requested Filed by Oregon Advocacy Center. (ljb) (Entered: 09/19/2006)

Memorandum in Support. Filed by Oregon Advocacy Center. (Related document(s): Motion for Preliminary Injunction 3 .) (ljb) (Entered: 09/19/2006)

Scheduling Order by Thomas M. Coffin. Scheduling Conference is set for 10/3/2006 at 09:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. (cw) (Entered: 09/27/2006)

Acknowledgement of Service on SCAR/Jasper Mountain served on 9/25/2006. Filed by Oregon Advocacy Center. (Wrigley, James) (Entered: 09/27/2006)

Acknowledgement of Service on David Ziegler served on 9/25/2006. Filed by Oregon Advocacy Center. (Wrigley, James) (Entered: 09/27/2006)

MINUTES of Proceedings: Telephone Scheduling Conference held 10/3/06. each party orally consents to proceed before a magistrate judge. Ordered written consent forms shall be filed with the clerk. Oral Argument on motion [#3] for preliminary injunction is set for 11/3/2006 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. James Wrigley, Kathleen Wilde present as counsel for plaintiff. Alan Thayer, Joe Richards present as counsel for defendants. Thomas M. Coffin presiding. (Related document(s): Motion for Preliminary Injunction 3 .) (cw) (Entered: 10/03/2006)

Memorandum in Opposition to Motion for Preliminary Injunction 3 . Filed by all defendants. (Leslie, Lann) (Entered: 10/09/2006)

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ljb) (Additional attachment(s) added on 4/23/2020: # 1 Consent) (kgc). (Entered: 10/12/2006)

Reply to Defendants' Response to Motion for Preliminary Injunction 3 Oral Argument requested. Filed by Oregon Advocacy Center. (Attachments: # 1 Exhibit Exhibit A - Access Agreement) (Wrigley, James) (Entered: 10/20/2006)

Answer to Complaint ; Affirmative Defense. Filed by SCAR/Jasper Mountain, David Ziegler. (Richards, Joe) (Entered: 10/25/2006)

Trial Memorandum. Filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Richards, Joe) (Entered: 11/01/2006)

Response to Defendants' Hearing Memorandum to Motion for Preliminary Injunction 3 Oral Argument requested. Filed by Oregon Advocacy Center. (Wrigley, James) (Entered: 11/02/2006)

MINUTES of Proceedings: Motion Hearing regarding Motion for Preliminary Injunction 3 . Evidence adduced (Defendant's exhibit 1 and Plaintiff's exhibit 2 attached to original minute order) and witnesses sworn. Plaintiff's witnesses: Robert Joon Deph, Amanda Ann Teresa Mays; Defendant's witness: David Lee Ziegler. Plaintiff's motion for a preliminary injunction enjoining defendants SCAR/Jasper Mountain and David Ziegler, Ph.D., in his official capacity as Director of SCAR/Jasper Mountain, from denying Oregon Advocacy Center reasonable access to the facility, staff, and patients/residents at the facility, is granted.The parties are to reach an agreement describing what constitutes "reasonable access"; unresolved issues concerning "reasonable access" will be decided by the court at a hearing scheduled for November 13, 2006, 10:00 am, at the U.S. Courthouse in Eugene, before Judge Coffin. Areas resolved between the parties, and areas still in dispute shall be outlined in a filing with the court to be filed by 11/10/06, which includes a brief summary of each parties' position on disputed issues. James Wrigley, Kathleen Wilde present as counsel for plaintiff. Alan Thayer, Joe Richards present as counsel for defendan. Court Reporter: Deborah Wilhelm. Thomas M. Coffin presiding. (Related document: Motion for Preliminary Injunction 3 ) (cw) (Entered: 11/03/2006)

Order: RESCHEDULING Oral Argument regarding motion for preliminary injunction [#3] set for 11/13/2006 FROM 10:00AM in person, TO 09:15AM BY Telephone before Magistrate Judge Thomas M. Coffin. THE COURT WILL INITIATE THE CALL. (cw) (Entered: 11/09/2006)

Order: Oral Argument on motion [#3] for preliminary injunction is RESET from 11/13/06, to 11/16/2006 at 09:30AM BY Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Submission to the court of disputed issues shall be made by 11/14/06, at 5:00 p.m. (cw) (Entered: 11/09/2006)

Order: Granting an extension of time until 11/15/06, at 2:00 p.m., to submit disputed issues to the court. Ordered by Judge Thomas M. Coffin. (cw) (Entered: 11/13/2006)

Response Plaintiff's Memorandum on Reasonable Access Conditions Oral Argument requested. Filed by Oregon Advocacy Center. (Attachments: # 1 Exhibit OAC's Proposed Conditions# 2 Exhibit Defendants' Conditions) (Wrigley, James) (Entered: 11/15/2006)

Memorandum in Support Defs' Presentation of Conditions. Filed by all defendants. (Attachments: # 1 Attachment #1# 2 Attachment #2# 3 Attachment #3# 4 Attachment #4) (Richards, Joe) (Entered: 11/15/2006)

MINUTES of Proceedings: Telephone Motion Hearing regarding motion [#3] for preliminary injunction. The court resolves issues, 2, 4, 5, and monitor qualification issues, as set forth on the record. Counsel shall submit a proposed order for the court's signature. James Wrigley present as counsel for plaintiff. Alan Thayer, Joe Richards present as counsel for defendants. Court Reporter: Kristi Anderson. Thomas M. Coffin presiding. (cw) (Entered: 11/16/2006)

Transcript of Proceedings held on November 16, 2006 before Judge Thomas M. Coffin. Court Reporter: Kristi L. Anderson.. (cp) (Additional attachment(s) added on 4/23/2020: # 1 Transcript) (kgc). (Entered: 11/24/2006)

Response in Opposition Plaintiff's Presentation of Language for Court Order Oral Argument requested. Filed by Oregon Advocacy Center. (Attachments: # 1 Exhibit A--plaintiff's proposed language) (Wrigley, James) (Entered: 12/08/2006)

MINUTES of Proceedings: Telephone Conference regarding entry of injunction. See formal order. James Wrigley, Kathleen Wilde present as counsel for plaintiff. Alan Thayer, Joe Richards present as counsel for defendants. Recording: FTR Gold. Thomas M. Coffin presiding. (cw) (Entered: 12/13/2006)

Order: Pursuant to the parties' stipulation, defendants SCAR/Jasper Mountain and David Ziegler, in his official capacity as Director of SCAR/Jasper Mountain, are permanently enjoined from denying plaintiff Oregon Advocacy Center reasonable access to the facility, staff and patients/residents at the facility. The Court imposes access conditions and retains continuing jurisdiction over this matter. Signed on 12/13/06 by Judge Thomas M. Coffin. (ljb) (Entered: 12/14/2006)