Case: S.D. v. Rees

6:25-cv-01726 | U.S. District Court for the District of Oregon

Filed Date: Sept. 24, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the Oregon Department of Corrections (ODOC) practice of housing transgender women in men’s prisons, allegedly failing to protect these incarcerated individuals from sexual and physical violence, and the threat of such violence. On September 24, 2025, two transgender women housed in men's prisons under ODOC custody filed this lawsuit in the U.S. District Court for the District of Oregon, Eugene Division. The plaintiffs brought this as a class action case, with the prop…

This is a case challenging the Oregon Department of Corrections (ODOC) practice of housing transgender women in men’s prisons, allegedly failing to protect these incarcerated individuals from sexual and physical violence, and the threat of such violence.

On September 24, 2025, two transgender women housed in men's prisons under ODOC custody filed this lawsuit in the U.S. District Court for the District of Oregon, Eugene Division. The plaintiffs brought this as a class action case, with the proposed class defined as: “All current and future transgender women incarcerated in ODOC facilities.” Represented by civil rights attorney John Burgess, the plaintiffs sued ODOC, several of its officials, and the superintendents of two men's prisons: Two Rivers Correctional Institution (TRCI) and Oregon State Correctional Institution (OSCI). The complaint alleged that ODOC systematically violated the federal Prison Rape Elimination Act (PREA) and its own policies by housing transgender women in male facilities without individualized assessments, exposing them to severe risks of sexual and physical violence, psychological harm, and medical neglect. The plaintiffs further claimed that ODOC’s classification policies, which rely solely on genitalia rather than gender identity, disregard documented dangers, with studies showing transgender women face disproportionately high rates of assault in male prisons. The complaint detailed pervasive harassment, assault, and retaliation by both inmates and staff—including misgendering, derogatory slurs, and punitive segregation.

The plaintiffs claimed the defendants violated the Eighth Amendment’s prohibition on cruel and unusual punishment by exhibiting deliberate indifference to the substantial risk of harm faced by transgender women. The plaintiffs also alleged violations of the Fourteenth Amendment's Equal Protection Clause, arguing that ODOC's policies discriminated against transgender women by denying them the safe housing and accommodations routinely provided to cisgender women. Additionally, the complaint included state constitutional claims under Article I, Sections 13 and 16 of the Oregon Constitution, asserting that ODOC’s practices subjected transgender women to cruel and unusual punishment and unnecessary rigor. The plaintiffs sought declaratory and injunctive relief, including a presumption of housing consistent with gender identity, safe housing alternatives, and mandatory staff training on PREA compliance and transgender rights. The complaint also demanded a temporary restraining order and preliminary injunction to prevent irreparable harm, attorneys’ fees, and a jury trial on all triable issues. This case was assigned to Magistrate Judge Mark D. Clarke.

On December 23, 2025, the plaintiffs moved for a temporary restraining order (TRO) and a preliminary injunction, which was initially referred to District Court Judge Ann L. Aiken. On December 30, 2025, all parties consented to jurisdiction by Magistrate Judge Clarke. On April 28, 2026, Judge Clarke granted the plaintiff’s motion for a TRO and injunction, finding that they were likely to succeed on their claims that ODOC’s default placement of transgender women in men’s prisons violated the Eighth Amendment and the Equal Protection Clause. 2026 WL 1146591. Evidence demonstrated that over 90% of transgender women in ODOC custody were housed in men’s facilities, exposing them to a substantially higher risk of sexual assault. The court credited declarations from the plaintiffs and other transgender women detailing repeated sexual violence, retaliation, inadequate protection, and staff-enabled harassment. The court also granted provisional class certification. The injunction ordered ODOC to end its categorical housing of transgender women in men’s facilities, conduct individualized assessments with a presumption of placement consistent with gender identity, and implement safeguards such as cellmate restrictions, privacy protections, and confidential reporting mechanisms.

On May 6, 2026, the defendants moved for reconsideration, clarification, and modification of the April 28, 2026 order. The defendants contended that the court made erroneous factual findings, erred in certifying a class, erred by granting a preliminary injunction, and that the relief granted was not narrowly tailored. The same day, the defendants moved to stay pending the motion for reconsideration, asserting that moving forward with discovery could lead to disclosure of otherwise confidential health information of those who had not affirmatively joined the putative class or agreed to release such information. The defendants also moved for a protective order.

On May 22, 2026, the court granted the defendants' motion for a stipulated protective order, allowing the parties to exchange and maintain discovery materials designated as "Confidential" or "Attorneys' Eyes Only."

On June 16, 2026, Judge Clarke denied the motion for a stay, reasoning that the court had already entered the protective order on May 22, 2026, and found no good cause to stay discovery. Three weeks later, on July 7, 2026, the court denied the motion for reconsideration but granted the motion for clarification and modification of the preliminary injunction. 2026 WL 1960717. To clarify the preliminary injunction, the court amended the order and explained that individualized housing assessments must begin with a presumption of placement consistent with each person's gender identity, then account for the individual’s preferences, privacy, and access to medical support. The court explained that the order established a starting point for assessments, not a predetermined outcome.

On July 23, 2026, a telephonic status conference was held where the defendants orally moved for a stay of the preliminary injunctive relief granted in the amended preliminary injunction and discovery pending their planned interlocutory appeal. The court denied both motions. The plaintiffs orally moved to compel discovery that identifies transgender inmates in ODOC custody, which was granted by the court.

On July 29, 2026, the defendants appealed the preliminary injunction order and the order denying reconsideration to the U.S. Court of Appeals for the Ninth Circuit (Case No. 26-4872). The defendants then filed an emergency motion for stay pending appeal, requesting the 9th Circuit grant an administrative stay of the district court’s preliminary injunction and of further proceedings in the district court pending full review of the emergency motion for stay. On August 3, 2026, the 9th Circuit granted this temporary administrative stay. Oral argument in the 9th Circuit on the stay motion was scheduled for  August 27, 2026.

The district court and the Ninth Circuit cases are ongoing.

 

 

Summary Authors

Clearinghouse (8/11/2026)

Madeline Dollard (8/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71448482/parties/sd-v-rees/


Judge(s)

Clarke, Mark D. (Oregon)

Attorney for Plaintiff

Burgess, Mr. John (Oregon)

Burgess, John D. (Oregon)

Attorney for Defendant

Ashtamker, Ariel T. (Oregon)

General, Mr. Paul (Oregon)

Documents in the Clearinghouse

Documents in this case
1

6:25-cv-01726

Class Action Complaint

S.D. et al. v. Rees et al.

Sept. 24, 2025

Sept. 24, 2025

Complaint
45

6:25-cv-01726

Opinion and Order

S.D. et al. v. Rees et al.

April 28, 2026

April 28, 2026

Order/Opinion

2026 WL 1146591

53

6:25-cv-01726

Stipulated Protective Order

S.D. et al. v. Rees et al.

May 22, 2026

May 22, 2026

Order/Opinion
54

6:25-cv-01726

Stipulated Order Regarding Protection Of Privileges

S.D. et al. v. Rees et al.

May 22, 2026

May 22, 2026

Order/Opinion
65

6:25-cv-01726

Opinion and Order

S.D. et al. v. Rees et al.

July 7, 2026

July 7, 2026

Order/Opinion

2026 WL 1960717

66

6:25-cv-01726

Amended Order on Preliminary Injunction

S.D. et al. v. Rees et al.

July 7, 2026

July 7, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71448482/sd-v-rees/

Last updated Sept. 23, 2026, 5:29 a.m.

Docket for: S.D. v. Rees
ECF Number Date Description Link
1 Sept. 24, 2025

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10001504 Jury Trial Requested: Yes. Filed by J.F., S.D. against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Attachment Attorney info). (Burgess, John) (Entered: 09/24/2025)

1 Civil Cover Sheet

View on PACER

2 Attachment Attorney info

View on PACER

Clearinghouse
2 Sept. 24, 2025

Proposed Summons (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) Filed by All Plaintiffs. (Burgess, John) (Entered: 09/24/2025)

RECAP
3 Sept. 25, 2025

Notice of Case Assignment to Magistrate Judge Mark D. Clarke 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 1/23/2026. Joint Alternate Dispute Resolution Report is due by 2/23/2026. Pretrial Order is due by 2/23/2026. Ordered by Magistrate Judge Mark D. Clarke. (jw) (Entered: 09/25/2025)

RECAP
4 Sept. 25, 2025

Summons Issued Electronically as to Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. 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. (Attachments: # 1 Summons Jeremy Wagner, # 2 Summons Mark Nooth, # 3 Summons Mike Rees, # 4 Summons Ryan LeGore, # 5 Summons State of Oregon) (jw) (Entered: 09/25/2025)

RECAP
5 Sept. 30, 2025

Affidavit of Service upon State of Oregon served on 9/26/2025, answer due on 10/17/2025 Filed by All Plaintiffs. (Burgess, John) (Entered: 09/30/2025)

RECAP
6 Oct. 17, 2025

Motion for Extension of Time to Answer to Complaint. Filed by Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Ryan LeGore, Jeremy Wagner. (Miller, Edward Jake) (Entered: 10/17/2025)

RECAP
7 Oct. 17, 2025

Declaration of Edward 'Jake' Miller In Support of Defendants' Motion for Extension of Time to File Answer. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 6 .) (Miller, Edward Jake) (Entered: 10/17/2025)

RECAP
8 Oct. 20, 2025

ORDER: Granting Motion for Extension of Time to Answer 6 . Answer is now due by 11/14/2025. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 10/20/2025)

RECAP
Oct. 20, 2025

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

9 Nov. 14, 2025

Second Motion for Extension of Time to Answer Complaint, 1 . Filed by Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Ryan LeGore, Jeremy Wagner. (Miller, Edward Jake) (Entered: 11/14/2025)

RECAP
10 Nov. 14, 2025

Declaration of Edward 'Jake' Miller in Support of State Defendants' Motion for Extension of Time to Answer to Complaint. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 9 .) (Miller, Edward Jake) (Entered: 11/14/2025)

RECAP
11 Nov. 17, 2025

ORDER: Granting Motion for Extension of Time to Answer 9 . Answer is now due by 11/21/2025. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 11/17/2025)

RECAP
Nov. 17, 2025

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

12 Nov. 21, 2025

Answer to 1 Complaint, with Jury Demand . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 11/21/2025)

RECAP
13 Nov. 24, 2025

Notice of Implied Consent to Jurisdiction by a Magistrate Judge and Declination of Consent Form. Parties who do not return the form by the deadline will be deemed to have knowingly and voluntarily consented to proceed before a U.S. Magistrate Judge. Declination of Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 12/24/2025. (rsm) (Entered: 11/24/2025)

RECAP
14 Dec. 15, 2025

RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for 01/26/2026 at 10:00 AM. Conference call information will be provided in a separate entry. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. A written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents (these need to be filed separately on the docket by each party and not combined in a Joint Status Report) to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 12/15/2025)

RECAP
Dec. 15, 2025

1 - Scheduling

15 Dec. 23, 2025

Motion for Temporary Restraining Order and Preliminary Injunction. Filed by J.F., S.D.. (Burgess, John) (Entered: 12/23/2025)

RECAP
16 Dec. 23, 2025

Declaration of J.F. . Filed by J.F., S.D.. (Burgess, John) (Entered: 12/23/2025)

RECAP
17 Dec. 23, 2025

Declaration of S.S. . Filed by J.F., S.D.. (Burgess, John) (Entered: 12/23/2025)

RECAP
18 Dec. 23, 2025

Declaration of L.B. . Filed by J.F., S.D.. (Burgess, John) (Entered: 12/23/2025)

RECAP
19 Dec. 23, 2025

Declaration of Jane Doe . Filed by J.F., S.D.. (Burgess, John) (Entered: 12/23/2025)

RECAP
20 Dec. 23, 2025

Motion for Temporary Restraining Order and Preliminary Injunction 15 referred to Judge Ann L. Aiken. Ordered by Magistrate Judge Mark D. Clarke. (jk) (Entered: 12/23/2025)

RECAP
Dec. 23, 2025

Motion Referred to District Judge

21 Dec. 24, 2025

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Temporary Restraining Order and Preliminary Injunction 15 . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Spooner, Jessica) (Entered: 12/24/2025)

RECAP
22 Dec. 24, 2025

Declaration of Jessica Spooner in Support of State Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, 21 .) (Spooner, Jessica) (Entered: 12/24/2025)

RECAP
23 Dec. 29, 2025

ORDER: Granting 21 Unopposed Motion for Extension of Time to File Response/Reply to 15 . Response is due by 1/20/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/29/2025)

RECAP
Dec. 29, 2025

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

24 Dec. 30, 2025

Full Consent by all Parties to Jurisdiction by U.S. Magistrate Judge. (rsm) (Entered: 12/30/2025)

RECAP
Dec. 30, 2025

Consent to Jurisdiction by a Magistrate Judge

25 Jan. 8, 2026

Amended Answer to 1 Complaint, with Jury Demand . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 01/08/2026)

RECAP
26 Jan. 20, 2026

Response to Motion for Temporary Restraining Order and Preliminary Injunction 15 . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 01/20/2026)

RECAP
27 Jan. 20, 2026

Declaration of Greg Jones in Support of State Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Response to Motion 26 .) (Miller, Edward Jake) (Entered: 01/20/2026)

RECAP
28 Jan. 20, 2026

Declaration of Ericka Sage n Support of State Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Response to Motion 26 .) (Miller, Edward Jake) (Entered: 01/20/2026)

RECAP
29 Jan. 20, 2026

Declaration of Dawnell Meyer in Support of State Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon. (Related document(s): Response to Motion 26 .) (Miller, Edward Jake) (Entered: 01/20/2026)

RECAP
30 Jan. 22, 2026

SCHEDULING ORDER. RECORD OF ORDER by Magistrate Judge Mark D. Clarke: RESETTING the telephonic Rule 16 Conference from 01/26/2026 at 10:00 AM to 02/02/2026 at 10:00 AM. The previously provided Conference call information remains the same. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. A written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents (these need to be filed separately on the docket by each party and not combined in a Joint Status Report) to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/22/2026)

RECAP
Jan. 22, 2026

1 - Scheduling

31 Jan. 26, 2026

SCHEDULING ORDER. RECORD OF ORDER by Magistrate Judge Mark D. Clarke: RESETTING the telephonic Rule 16 Conference from 02/02/2026 at 10:00 AM to 02/09/2026 at 9:00 AM. The previously provided Conference call information remains the same. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. A written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents (these need to be filed separately on the docket by each party and not combined in a Joint Status Report) to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/26/2026)

RECAP
Jan. 26, 2026

1 - Scheduling

32 Feb. 3, 2026

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Temporary Restraining Order and Preliminary Injunction 15 . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 02/03/2026)

RECAP
33 Feb. 4, 2026

ORDER: Plaintiffs Unopposed Motion for Extension of Time 32 is GRANTED. Deadline to file a reply in support of Plaintiffs Motion for TRO and Preliminary Injunction 15 is 2/17/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/04/2026)

RECAP
Feb. 4, 2026

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

34 Feb. 9, 2026

MINUTES of Proceedings: Telephonic Rule 16 Conference held. Oral Argument on Motion for Temporary Restraining Order and Preliminary Injunction 15 is set for 3/17/2026 at 02:00PM in Medford by videoconference before Magistrate Judge Mark D. Clarke. Videoconference information to be provided in a separate entry. At the conclusion of the hearing, the parties should present a proposed scheduling order. John Burgess and Abby Greenfield present as counsel for plaintiff(s). Edward Jake Miller present as counsel for defendant(s). Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/12/2026)

RECAP
Feb. 12, 2026

Rule 16 Conference

35 Feb. 16, 2026

Unopposed Motion for Extension of Time . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 02/16/2026)

RECAP
36 Feb. 17, 2026

ORDER: ORDER: Plaintiffs Unopposed Motion for Extension of Time 35 is GRANTED. Deadline to file a reply in support of Plaintiffs Motion for TRO and Preliminary Injunction 15 is 2/20/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/17/2026)

RECAP
Feb. 17, 2026

Order on Motion for Extension of Time

37 Feb. 20, 2026

Reply to Motion for Temporary Restraining Order and Preliminary Injunction 15 Oral Argument requested. Filed by J.F., S.D.. (Burgess, John) (Entered: 02/20/2026)

RECAP
38 Feb. 27, 2026

Unopposed Motion for Extension of Time to Responde to Plaintiff's First Request for Production and Interrogatories. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 02/27/2026)

RECAP
39 Feb. 27, 2026

Declaration of Edward 'Jake' Miller in Support of State Defendants' Unopposed Motion for Extension of Time. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Motion for Extension of Time 38 .) (Miller, Edward Jake) (Entered: 02/27/2026)

RECAP
40 March 5, 2026

ORDER: Granting Motion for Extension of Time 38 . Defense response to Plaintiffs first Request for Production is now due 03/06/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/05/2026)

RECAP
March 5, 2026

Order on Motion for Extension of Time

41 March 17, 2026

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order 15 . Motion is taken under advisement as of 3/17/2026. John Burgess present as counsel for plaintiff(s). Edward Miller present as counsel for defendant(s). Court Reporter: Shellene Iverson. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/17/2026)

RECAP
March 17, 2026

Motion Hearing Held

42 March 18, 2026

Supplemental Declaration of Greg Jones in Support of Defendants' Response to Plaintiff's Temporary Restraining Order and Preliminary Injunction. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Response to Motion 26 .) (Attachments: # 1 Attachment Exhibit A) (Miller, Edward Jake) (Entered: 03/18/2026)

RECAP
43 March 20, 2026

Notice of Association of Attorney of Kristin A. Winges-Yanez appearing on behalf of Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Ryan LeGore, Jeremy Wagner . Filed by on behalf of Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Ryan LeGore, Jeremy Wagner. (Winges-Yanez, Kristin) (Entered: 03/20/2026)

RECAP
44 March 20, 2026

Brief . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 03/20/2026)

RECAP
45 April 28, 2026

ORDER: Granting Motion for a Temporary Restraining Order 15 . Plaintiffs S.D. and J.F., individually and on behalf of a putative class of all current and future transgender women in Oregon Department of Corrections ("ODOC") custody, move this Court for a Temporary Restraining Order and Preliminary Injunction under Fed. R. Civ. P. 65, as well as Provisional Class Certification under Fed. R. Civ. P. 23. Full consent to magistrate jurisdiction was entered on December 30, 2025 (ECF #24). On March 17, 2026, the Court heard oral argument. For the reasons below, Plaintiffs' Motion for a Preliminary Injunction and Provisional Certification of the Class (ECF 15 ) is GRANTED. Please access entire text by document number hyperlink. Signed on 04/28/2026 by Magistrate Judge Mark D. Clarke. (rsm) Modified typos in text on 4/30/2026 (pjg). (Entered: 04/28/2026)

Clearinghouse
46 April 30, 2026

SCHEDULING ORDER. Telephonic Status Conference is set for 5/12/2026 at 10:00AM before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 04/30/2026)

RECAP
April 30, 2026

1 - Scheduling

47 May 6, 2026

Motion for Reconsideration of Order on motion for Temporary Restraining Order,,, 45 . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 05/06/2026)

RECAP
48 May 6, 2026

Motion for Stay . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 05/06/2026)

RECAP
49 May 12, 2026

SCHEDULING ORDER regarding Scheduling Order 46 . The telephonic Status Conference set for today 05/12/2026, at 10:00 AM has been canceled, to be reset after Motions 47 48 are resolved. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/12/2026)

RECAP
May 12, 2026

1 - Scheduling

50 May 20, 2026

Stipulated Motion for Protective Order . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 05/20/2026)

RECAP
51 May 20, 2026

Stipulated Motion for Order - 502(d). Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 05/20/2026)

RECAP
52 May 20, 2026

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Stay 48, Motion for Reconsideration of Order on motion for Temporary Restraining Order,,, 45 47 . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 05/20/2026)

RECAP
53 May 22, 2026

PROTECTIVE ORDER: Granting Motion for a Protective Order 50 . Signed on 05/22/2026 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/22/2026)

Clearinghouse
53 May 22, 2026

PROTECTIVE ORDER: Granting Motion for a Protective Order 50 . Signed on 05/22/2026 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/22/2026)

Clearinghouse
53 May 22, 2026

PROTECTIVE ORDER: Granting Motion for a Protective Order 50 . Signed on 05/22/2026 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/22/2026)

Clearinghouse
54 May 22, 2026

ORDER: Granting Stipulated Motion for Order Regarding Protection of Services 51 . Signed on 05/22/2026 by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/22/2026)

Clearinghouse
55 May 22, 2026

ORDER: Granting Motion for Extension of Time to File Response to Motion for Reconsideration 52 . Response is now due by 5/27/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/22/2026)

RECAP
May 22, 2026

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

56 May 27, 2026

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Stay 48, Motion for Reconsideration of Order on motion for Temporary Restraining Order,,, 45 47 . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 05/27/2026)

RECAP
57 May 29, 2026

ORDER: Granting Motion for Extension of Time to File Response 56 . Response is now due by 6/3/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/29/2026)

RECAP
May 29, 2026

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

58 June 3, 2026

Response to Motion for Reconsideration of Order on motion for Temporary Restraining Order,,, 45 47 . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 06/03/2026)

RECAP
59 June 3, 2026

Response to Motion for Stay 48 . Filed by J.F., S.D.. (Greenfield, Abby) (Entered: 06/03/2026)

RECAP
60 June 16, 2026

ORDER by Magistrate Judge Mark D. Clarke: Defendants move for a stay of discovery pending the Court's ruling on a separate Motion for Reconsideration of the Court's preliminary injunction in this case. Defendants assert that moving forward with discovery could lead to disclosure of otherwise confidential health, disciplinary, PREA complaint, and grievance information of AICs who have not affirmatively joined the putative class or agreed to release such information. However, the Court has already entered a Protective Order (ECF No. 53 ), allowing for discovery to be exchanged and maintained as "Confidential" and "Attorneys' Eyes Only." The Court, therefore, does not find that good causes exists to stay discovery at this time. Defendants' Motion (ECF No. 48 ) is denied. (jk) (Entered: 06/16/2026)

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June 16, 2026

Order on Motion for Stay

61 June 17, 2026

Motion for Extension of Time to File Reply to Plaintiffs Response to Defendants' Motion for Reconsideration. Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 06/17/2026)

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62 June 17, 2026

Declaration of Jake Miller . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Related document(s): Motion for Extension of Time 61 .) (Miller, Edward Jake) (Entered: 06/17/2026)

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63 June 18, 2026

ORDER: Granting Defendants' Motion for Extension of Time T Reply to Plaintiff's Response to Defendants' Motion for Reconsideration 61 . Reply is now due by 7/1/2026. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 06/18/2026)

RECAP
June 18, 2026

Order on Motion for Extension of Time

64 July 1, 2026

Reply .(Related document(s): Response to Motion 58 .) Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Miller, Edward Jake) (Entered: 07/01/2026)

RECAP
65 July 7, 2026

OPINION AND ORDER: Granting in Part Denying in Part Motion for Reconsideration 47 . Please access entire text by document number hyperlink. Signed on 07/07/2026 by Magistrate Judge Mark D. Clarke. (rsm)

Clearinghouse
66 July 7, 2026

Amended Order on Preliminary Injunction. For the reasons explained in the Court's Opinion and Order (ECF 45 ), and clarified in the Court's Order on Reconsideration (ECF 65 ), the Court enters the following AmendedPreliminary Injunction, which supersedes the relief previously granted. Signed on 07/07/2026 by Magistrate Judge Mark D. Clarke. (rsm) (Main Document 66 replaced on 7/23/2026) (cw). (Entered: 07/07/2026)

Clearinghouse
67 July 7, 2026

SCHEDULING ORDER. Telephonic Status Conference is set for 7/23/2026 at 10:00AM before Magistrate Judge Mark D. Clarke. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 07/07/2026)

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68 July 23, 2026

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding 66 Permanent Injunction. A Clerical error has been discovered in the case record: An incorrect PDF was attached to the entry. 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: 07/23/2026)

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69 July 23, 2026

MINUTES of Proceedings: Telephonic Status Conference held on July 23, 2026. Defendants orally moved for a stay of the preliminary injunctive relief granted in the Court's Amended Preliminary Injunction, as well as a stay of discovery, pending their planned interlocutory appeal. Both oral motions are DENIED. Plaintiffs orally moved to compel production of discovery that personally identifies the transgender inmates in ODOC custody, which has so far been withheld or redacted by Defendants. The oral motion to compel is GRANTED. Regardless of the success or failure of Defendants' interlocutory appeal of the Preliminary Injunction and Provisional Class Certification, Plaintiffs will be entitled to pursue discovery in this case, including information about the proposed class members and their identities. This information is highly relevant and within the scope of Plaintiffs' claims for relief, which will survive regardless of the interlocutory appeal. A Protective Order has already been entered, which designates this information Confidential and Attorney Eyes Only, and the Court is confident in counsel's ability to maintain the confidentiality of this sensitive information. Defendants have asserted no other legal rationale for withholding this discovery. No further case deadlines will be set at the time. John Burgess present as counsel for plaintiffs. Edward Jake Miller and Kristin A. Winges-Yanez present as counsel for defendants. Court Reporter: None. FTR: None. Magistrate Judge Mark D. Clarke presiding. (plb) (Entered: 07/24/2026)

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July 23, 2026

Correction of the Record

July 24, 2026

Order on Oral Motion AND Order on Oral Motion AND Order on Oral Motion AND Status Conference

70 July 29, 2026

Notice of Appeal to the 9th Circuit from Permanent Injunction, 66, Order on motion for Temporary Restraining Order,,, 45, Order on motion for reconsideration 65 Filing fee $605 collected; Agency Tracking ID AORDC-10354838: . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Koch, Robert) (Entered: 07/29/2026)

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71 July 29, 2026

Transcript Designation and Order Form for the hearing held on 2/9/26, 3/17/26 and 7/23/26 before Judge Mark D. Clarke. Court Reporter: Shellene Iverson. regarding Notice of Appeal, 70 . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. Transcript is due by 8/28/2026. (Koch, Robert) (Entered: 07/29/2026)

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72 July 29, 2026

Representation Statement re Notice of Appeal, 70 . Filed by Ryan LeGore, Mark Nooth, Mike Rees, Aaron Reyes, State of Oregon, Jeremy Wagner. (Koch, Robert) (Entered: 07/29/2026)

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July 30, 2026

USCA Case Number

July 30, 2026

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 70 . Case Appealed to Ninth Circuit Case Number 26-4872 assigned. (jw)

73 July 31, 2026

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Videoconference Oral Argument held on March 17, 2026, before Judge Mark D. Clarke, Court Reporter Shellene L. Iverson, telephone number 541-431-4112. 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 8/7/2026. Redaction Request due 8/21/2026. Redacted Transcript Deadline set for 8/31/2026. Release of Transcript Restriction set for 10/29/2026. (Iverson, Shellene) (Entered: 07/31/2026)

RECAP
74 Aug. 3, 2026

Order from USCA for the 9th Circuit, USCA # 26-4872 re Notice of Appeal, 70 . The court has received Defendants-Appellants' emergency motion for stay pending appeal, which includes a request for an immediate administrative stay of the district court's preliminary injunction and of further proceedings in the district court pending full review of the emergency motion for a stay pending appeal. The request for a temporary administrative stay is GRANTED. Accordingly, the district court's amended order on preliminary injunction (D.Ct. Dkt. 66 ), and further proceedings in the district court, are stayed pending further order of this court. The court orders expedited briefing for the emergency motion for stay. The response is due August 5, 2026 at 5:00 PM PDT. The optional reply is due August 7, 2026 at 5:00 PM PDT. (See Order for full text.) (jw) (Entered: 08/03/2026)

RECAP
75 Sept. 17, 2026

MANDATE of USCA for the 9th Circuit, USCA # 26-4872, re Notice of Appeal 70 . PRELIMINARY INJUNCTION VACATED; CLASS DECERTIFIED; CASE REMANDED; MANDATE ISSUED FORTHWITH. (jw) (Entered: 09/17/2026)

RECAP

Case Details

State / Territory:

Oregon

Case Type(s):

Prison Conditions

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 24, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two transgender women housed in men's prisons under ODOC custody and, as a class, all current and future transgender women incarcerated in ODOC facilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Oregon Department of Corrections (ODOC)

Superintendent of Oregon State Correctional Institution (OSCI)

Superintendent of Two Rivers Correctional Institution (TRCI)

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Other Dockets:

District of Oregon 6:25-cv-01726

U.S. Court of Appeals for the Ninth Circuit 26-04872

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Prison Rape Elimination Act

Sexual abuse by residents/inmates

LGBTQ+:

LGBTQ+

Transgender

Recommended Citation