Case: Disability Rights Oregon v. Washington County

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9264031 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Disability Rights Oregon, Joshua Wesley against Washington County, Washington County Consolidated Communications Agency (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Attachment Civil Cover Sheet Attachment). (Boyer, David) (Attachment 1 replaced on 2/6/2024) (cw). (Entered: 02/05/2024)

1 Civil Cover Sheet Civil Cover Sheet

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2 Attachment Civil Cover Sheet Attachment

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Corporate Disclosure Statement . Filed by Disability Rights Oregon. (Boyer, David) (Entered: 02/05/2024)

Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman 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 6/4/2024. Joint Alternate Dispute Resolution Report is due by 7/5/2024. Pretrial Order is due by 7/5/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (gd) (Entered: 02/05/2024)

Notice of Correction by Clerk regarding 1 Complaint (attachment 1 - Civil Cover Sheet). A Clerical error has been discovered in the case record: The PDF was not flattened. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw) (Entered: 02/06/2024)

Correction of the Record

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Julian Clark. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9267302. Filed by Disability Rights Oregon, Joshua Wesley. (Clark, Julian) (Entered: 02/07/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 5 ) for Julian Clark. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/07/2024)

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Julian Clark. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9267302 5 : Reviewed and Ready for Ruling. (dino)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jenn Rolnick Borchetta. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9269667. Filed by Disability Rights Oregon, Joshua Wesley. (Borchetta, Jenn) (Entered: 02/08/2024)

Waiver of Service of Summons Returned Executed by Washington County Consolidated Communications Agency waiver sent on 2/5/2024. Filed by Disability Rights Oregon; Joshua Wesley. (Boyer, David) (Entered: 02/09/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 7 ) for Jennifer Rolnick Borchetta. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/09/2024)

Waiver of Service of Summons Returned Executed by Washington County waiver sent on 2/5/2024. Filed by Disability Rights Oregon; Joshua Wesley. (Boyer, David) (Entered: 02/09/2024)

Leave to Appear Pro Hac Vice

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jenn Rolnick Borchetta. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9269667 7 : Reviewed and Ready for Ruling. (dino)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura Chapman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9281224. Filed by Disability Rights Oregon, Joshua Wesley. (Chapman, Laura) (Entered: 02/15/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 11 ) for Laura L. Chapman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/16/2024)

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura Chapman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9281224 11 : Reviewed and Ready for Ruling. (dino)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian Lawrence Dimmick. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9291958. Filed by Disability Rights Oregon, Joshua Wesley. (Dimmick, Brian) (Entered: 02/23/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 13 ) for Brian Lawrence Dimmick. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/23/2024)

Leave to Appear Pro Hac Vice

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian Lawrence Dimmick. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9291958 13 : Reviewed and Ready for Ruling. (dino)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Wilson Baker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9296294. Filed by Disability Rights Oregon, Joshua Wesley. (Baker, Wilson) (Entered: 02/27/2024)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Westley Resendes. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9296310. Filed by Disability Rights Oregon, Joshua Wesley. (Resendes, Westley) (Entered: 02/27/2024)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 02/27/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 15 ) for Wilson Baker. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/27/2024)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. 16 ) for Westley Resendes. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/27/2024)

Leave to Appear Pro Hac Vice

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Wilson Baker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9296294 15 : Reviewed and Ready for Ruling. (dino)

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Westley Resendes. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9296310 16 : Reviewed and Ready for Ruling. (dino)

Unopposed Motion for Extension of Time to Answer Plaintiffs' Complaint. Filed by Washington County Consolidated Communications Agency. (Resendiz Gutierrez, Ivan) (Entered: 03/29/2024)

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Washington County. (O'Kasey, Karen) (Entered: 04/01/2024)

ORDER: Granting Defendant Washington County Consolidated Communications Agency's Unopposed Motion for Extension of Time (ECF No. 20 ). Answer or other responsive pleading is due by 4/19/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 04/01/2024)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Unopposed Motion for Extension of Time to File a Response/Reply in Opposition to Motion to Dismiss for Failure to State a Claim 21 . Filed by All Plaintiffs. (Clark, Julian) (Entered: 04/12/2024)

ORDER: Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Pending and Forthcoming Motions to Dismiss and Request for Enlargement of Word Count and Page Length (ECF No. 23 ). Plaintiffs' combined response (which may total 12,500 words or 40 pages) to pending and forthcoming motions to dismiss is due by 5/17/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 04/12/2024)

Order on Motion for Extension of Time to File Response/Reply to Motion

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Washington County Consolidated Communications Agency. (Resendiz Gutierrez, Ivan) (Entered: 04/19/2024)

Declaration of Ivan Resendiz Gutierrez . Filed by Washington County Consolidated Communications Agency. (Related document(s): Motion to Dismiss for Failure to State a Claim 25 .) (Resendiz Gutierrez, Ivan) (Entered: 04/19/2024)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel L. Brown. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9419166. Filed by Disability Rights Oregon. (Brown, Daniel) (Entered: 05/17/2024)

Response in Opposition to Motion to Dismiss for Failure to State a Claim 21, Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Declaration of David Boyer) (Clark, Julian) (Entered: 05/17/2024)

1 Exhibit A - Declaration of David Boyer

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ORDER: The Court GRANTS Plaintiff's Motion for Leave to Appear Pro Hac Vice by attorney Daniel L. Brown, ECF 27 . Ordered by Magistrate Judge Stacie F. Beckerman. (mja) (Entered: 05/17/2024)

Clerk's Review of Pro Hac Vice Motion

Leave to Appear Pro Hac Vice

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel L. Brown. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9419166 27 : Reviewed and Ready for Ruling. (dino)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim 21, Motion to Dismiss for Failure to State a Claim 25 . Filed by Washington County. (O'Kasey, Karen) (Entered: 05/20/2024)

ORDER: Granting Unopposed Motion for Extension of Time to File Reply 30 . Defendants' Reply is due by 6/14/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (dsg) (Entered: 05/20/2024)

Order on Motion for Extension of Time to File Response/Reply to Motion

Reply to Motion to Dismiss for Failure to State a Claim 21 Oral Argument requested. Filed by Washington County. (O'Kasey, Karen) (Entered: 06/14/2024)

Reply to Motion to Dismiss for Failure to State a Claim 25 . Filed by Washington County Consolidated Communications Agency. (Resendiz Gutierrez, Ivan) (Entered: 06/14/2024)

SCHEDULING ORDER regarding Washington County's Motion to Dismiss for Failure to State a Claim (ECF No. 21 ) and Washington County Consolidated Communications Agency's Motion to Dismiss for Failure to State a Claim (ECF No. 25 ): Oral Argument is set for Thursday, August 29, 2024 at 10:00 AM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 06/18/2024)

1 - Scheduling

NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If any party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found attached to this docket entry or on the court's website at ord.uscourts.gov/civil-forms. It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by Wednesday, 8/28/2024. (gw) (Entered: 06/24/2024)

Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Clark, Julian) (Entered: 06/27/2024)

SCHEDULING ORDER. Adopting in part the parties' discovery plan (ECF No. 36 ). The Court will set the deadline for initial disclosures and the commencement of fact discovery after a discussion with counsel at the scheduled oral argument on the pending motions to dismiss. The deadline for amendment of pleadings/joinder of parties or claims is 60 days after the final resolution of the pending motions to dismiss. Fact Discovery to be completed by 4/29/2025. Joint Alternate Dispute Resolution Report is due by 4/29/2025. Expert disclosures and initial expert reports due by 5/30/2025. Rebuttal expert reports due by 7/30/2025. Expert Discovery to be completed by 9/29/2025. Dispositive Motions are due by 10/28/2025. Daubert Motions due by 10/28/2025. Responses to dispositive motions due by 12/2/2025. Pretrial conference and trial will be set at a later date. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 07/01/2024)

1 - Scheduling

Access information for those who would like to listen to the 8/29/2024 hearing. Telephone Number: 1-571-353-2301 (toll-free 1-833-990-9400); Conference ID: 048223241#; Access Code: 2022#. Note: Telephones should be muted so that those listening will not interfere with those speaking in the courtroom. (gw)

Memorandum in Support - Supplemental Authorities. Filed by Washington County. (Related document(s): Motion to Dismiss for Failure to State a Claim 21 .) (O'Kasey, Karen) (Entered: 08/29/2024)

MINUTES of Proceedings: Oral Argument held before Magistrate Judge Stacie F. Beckerman regarding Washington County's Motion to Dismiss for Failure to State a Claim (ECF No. 21 ) and Washington County Consolidated Communications Agency's Motion to Dismiss for Failure to State a Claim (ECF No. 25 ) on 8/29/2024. The motions are argued and taken under advisement as of 8/29/2024. David Boyer, Julian Clark and Westley Resendes present as counsel for plaintiffs. Karen M. O'Kasey present as counsel for defendant Washington County. Ivan Resendiz Gutierrez present as counsel for defendant Washington County Consolidated Communications Agency. Court Reporter: Lindsey Weresch, (503) 326-8047. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 08/30/2024)

FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge DENY Washington County's motion to dismiss (ECF No. 21 ) and DENY the Agency's motion to dismiss (ECF No. 25 ). Objections to the Findings and Recommendation are due by 9/13/2024. Signed on 8/30/2024 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 08/30/2024)

ORDER referring Findings and Recommendation (ECF No. 40 ), Washington County's Motion to Dismiss for Failure to State a Claim (ECF No. 21 ) and Washington County Consolidated Communications Agency's Motion to Dismiss for Failure to State a Claim (ECF No. 25 ) to Judge Nelson. Ordered on 8/30/2024 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 08/30/2024)

Motion Hearing Held

Findings & Recommendation Referred

Unopposed Motion for Extension of Time to File Objections to Findings and Recommendations. Filed by Washington County Consolidated Communications Agency. (Van Meter, Heather) (Entered: 09/06/2024)

Notice of Supplemental Authority Filed by All Plaintiffs. (Clark, Julian) (Entered: 09/10/2024)

ORDER: Defendants' Unopposed Motion for Time to File Objections, ECF 42, is GRANTED. The deadline for defendants to file objections to the Findings and Recommendation, ECF 40, is extended to October 4, 2024. Ordered by Judge Adrienne Nelson. (pvh) (Entered: 09/11/2024)

Order on Motion for Extension of Time

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 08/29/2024 before Judge Stacie F. Beckerman, Court Reporter Lindsey Weresch, telephone number (503)326-8047 or lindsey_weresch@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/11/2024. Redaction Request due 10/25/2024. Redacted Transcript Deadline set for 11/4/2024. Release of Transcript Restriction set for 1/2/2025. (Weresch, Lindsey) (Entered: 10/04/2024)

Objections to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim 21, Motion to Dismiss for Failure to State a Claim 25 should be DENIED 40 . Filed by Washington County. (O'Kasey, Karen) (Entered: 10/04/2024)

Objections to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim 21, Motion to Dismiss for Failure to State a Claim 25 should be DENIED 40 oral argument requested. Filed by Washington County Consolidated Communications Agency. (Resendiz Gutierrez, Ivan) (Entered: 10/04/2024)

Unopposed Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim 21, Motion to Dismiss for Failure to State a Claim 25 should be DENIED 40 . Filed by All Plaintiffs. (Clark, Julian) (Entered: 10/08/2024)

ORDER: Plaintiffs' Motion for Extension of Time, ECF 48, is GRANTED. The deadline to file a response to defendants' objections is extended to October 25, 2024. Plaintiffs may file one consolidated response. Ordered by Judge Adrienne Nelson. (dsg) (Entered: 10/09/2024)

Order on Motion for Extension of Time to File Response to Objection to F & R

Response to Objections to Findings & Recommendation. Related document(s): 47 Objections to Findings & Recommendation, 46 Objections to Findings & Recommendation,. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Transcript of Oral Argument on Motions to Dismiss) (Clark, Julian) (Entered: 10/25/2024)

1 Exhibit 1 - Transcript of Oral Argument on Motions to Dismiss

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Unopposed Motion for Leave to File Amended Complaint/Petition and Dismiss Plaintiff Wesley. Filed by Disability Rights Oregon, Joshua Wesley. (Attachments: # 1 Exhibit Clark Declaration, # 2 Exhibit Amended Complaint (Clean), # 3 Exhibit Amended Complaint (Redline)) (Boyer, David) (Entered: 03/07/2025)

ORDER: The Court ADOPTS Judge Beckerman's thorough and well-reasoned Findings and Recommendation, ECF 40 . Defendant Washington County's Motion to Dismiss for Failure to State a Claim and Alternative Motion to Strike and Make More Definite and Certain, ECF 21, is DENIED. Defendant Washington County Consolidated Communications Agency's Motion to Dismiss for Failure to State a Claim, ECF 25, is DENIED. IT IS SO ORDERED. Signed on 3/27/2025 by Judge Adrienne Nelson. (gw) (Entered: 03/27/2025)

ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Amended Complaint and To Dismiss Plaintiff Wesley (ECF No. 51 ). Plaintiffs shall promptly file the amended complaint. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 03/27/2025)

Order on Motion for Leave to File AmendedComplaint/Petition

First Amended Complaint . Filed by Disability Rights Oregon against All Defendants. (Clark, Julian) (Entered: 03/31/2025)

Waiver of Service of Summons Returned Executed by Washington County waiver sent on 3/31/2025. Filed by Disability Rights Oregon. (Clark, Julian) (Entered: 04/08/2025)

Waiver of Service of Summons Returned Executed by Washington County Consolidated Communications Agency, waiver sent on 3/31/2025. Filed by Disability Rights Oregon. (Clark, Julian) Modified on 4/9/2025 to correct date the waiver was sent. (gw) (Entered: 04/09/2025)

Unopposed Motion to Modify Scheduling Order. Filed by Disability Rights Oregon. (Clark, Julian) (Entered: 04/23/2025)

NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If any party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found attached to this docket entry or on the court's website at ord.uscourts.gov/civil-forms. It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by May 30, 2025. (gw) (Entered: 04/24/2025)

Answer to 54 Amended Complaint with Jury Demand . Filed by Washington County. (O'Kasey, Karen) (Entered: 04/24/2025)

ORDER: Granting Plaintiffs' Unopposed Motion to Modify Scheduling Order (ECF No. 57 ), as follows: Initial disclosures are due by 4/25/2025. The deadline for amendment of pleadings/joinder of parties or claims is 5/27/2025. Fact Discovery is to be completed by 1/2/2026. Joint Alternate Dispute Resolution Report is due by 1/2/2026. Expert disclosures and initial expert reports are due 1/30/2026. Rebuttal expert reports are due 3/30/2026. Expert Discovery to be completed by 5/29/2026. Daubert Motions to be filed by 6/29/2026. Dispositive Motions are due by 6/29/2026. Responses to Dispositive Motions are due by 8/3/2026. The Court will schedule a Rule 16 conference after all parties have answered the First Amended Complaint (ECF No. 54 ), and will discuss a trial date at that time. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 04/24/2025)

1 - Scheduling

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 04/25/2025)

Answer to 54 Amended Complaint with Jury Demand . Filed by Washington County Consolidated Communications Agency. (Resendiz Gutierrez, Ivan) (Entered: 06/06/2025)

SCHEDULING ORDER. Discovery Hearing is set for Friday, July 18, 2025 at 3:00 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 07/11/2025)

1 - Scheduling

Access information for 7/18/2025 hearing (3:00 PM). Telephone Number: 1-571-353-2301 (toll-free 1-833-990-9400); Conference ID: 048223241#; Access Code: 2022#. Note: Do not use a speaker phone or headset. (gw)

Stipulated Motion for Protective Order . Filed by Disability Rights Oregon. (Clark, Julian) (Entered: 07/17/2025)

Discovery Hearing

Protective Order