U. S. Court of Appeals for the Ninth Circuit

238 F.3d 1145

COMPLAINT and JURY TRIAL DEMAND re violations of civil rights (Cause Code: 42:1983cv) (Receipt # 406747) (former employee) (Entered: 10/30/1998)

ORDER Setting Discovery Schedule discovery due 2/26/99 pretrial order due 3/29/99 (former employee) (Entered: 10/30/1998)

SUMMONS ISSUED as to Defendant David Schumacher (former employee) (Entered: 10/30/1998)

SUMMONS ISSUED as to Defendant David S Cook (former employee) (Entered: 10/30/1998)

RETURN OF SERVICE EXECUTED upon Defendant David S Cook on 11/5/98 (former employee) (Entered: 11/17/1998)

RETURN OF SERVICE EXECUTED upon Defendant David Schumacher on 11/5/98 (former employee) (Entered: 11/17/1998)

ANSWER by Defendants David S Cook, David Schumacher to complaint [1-1] (former employee) (Entered: 11/17/1998)

AMENDED CERTIFICATE OF SERVICE of answer [7-1] by Defendants (former employee) (Entered: 11/20/1998)

MOTION by Defendant TO EXTEND TIME TO FILE MOTION FOR S/J (former employee) (Entered: 02/19/1999)

AFFIDAVIT by Defendant of Jan Peter Londahl re: MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] (former employee) (Entered: 02/19/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Defendants MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] dispositive motions due 3/26/99 (counsel notified) (former employee) (Entered: 02/22/1999)

MOTION by Defendants FOR SUMMARY JUDGMENT (former employee) (Entered: 03/26/1999)

MEMORANDUM IN SUPPORT by Defendants of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)

CONCISE STATEMENT OF MATERIAL FACTS by Defendants in support of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh TAKING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 4/26/99 (counsel notified) Court Rptr none (former employee) (Entered: 03/30/1999)

SUPPLEMENTAL ATTACHMENTS to Rich Holder's affidavit in support of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 04/05/1999)

MOTION by Plaintiffs TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J (former employee) (Entered: 04/07/1999)

RECORD OF ORDER: GRANTING Plaintiffs 4/6/99 MOTION TO EXTEND TIME FOR FILING OPPOSITION TO Defendants MOTION FOR S/J AND CROSS-MOTION FOR S/J. Plaintiff deadline to file oppposition extended from 4/8/99 to 5/8/99. Under advisement deadline for Defendants MOTION FOR S/J [12-1] extended from 4/26/99 to 5/26/99 by Honorable Malcolm F. Marsh (counsel notified) (former employee) (Entered: 05/05/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J [17-1] Response to dispositive motions due 6/7/99 RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 6/23/99 (counsel notified) (former employee) Modified on 05/05/1999 (Entered: 05/05/1999)

MOTION by Plaintiffs TO EXTEND TIME TO RESPOND TO Defendants MOTION FOR S/J [12-1] (former employee) Modified on 06/28/1999 (Entered: 05/06/1999)

NOTICE OF CROSS MOTION & CROSS MOTION by Plaintiffs FOR SUMMARY JUDGMENT (former employee) Modified on 06/28/1999 (Entered: 06/07/1999)

MEMORANDUM by Plaintiffs IN OPPOSITION to Defendant's MOTION FOR SUMMARY JUDGMENT [12-1] Reply due 6/21/99; o/a requested(former employee) Modified on 06/28/1999 (Entered: 06/07/1999)

OBJECTIONS (Articulation of) by Plaintiffs to Defendants statement [14-1] and articulation of relevant material facts(former employee) Modified on 06/28/1999 (Entered: 06/08/1999)

MOTION by Defendants TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)

AFFIDAVIT by Defendants of Jan Peter Londahl re: MOTION TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Defendants MOTION TO EXTEND TIME TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1]; Response due 7/19/99; S/J Motion taken under advisement as of 7/23/99 (counsel notified) (former employee) Modified on 06/28/1999 (Entered: 06/15/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh RESETTING the taking of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] & Plaintiffs CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 7/23/99 (counsel notified) Court Rptr none (former employee) Modified on 06/28/1999 (Entered: 06/28/1999)

OBJECTIONS by Defendants TO PLAINTIFFS' CONCISE STATEMENT [22-1] (ljl) (Entered: 07/20/1999)

REPLY AND MEMORANDUM IN RESPONSE by Defendant to CROSS-MOTION FOR SUMMARY JUDGMENT [21-1] (ljl) (Entered: 07/20/1999)

SUPPLEMENTAL EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT [12-1] (ljl) (Entered: 07/20/1999)

MOTION by Plaintiffs TO EXTEND TIME TO FILE REPLY TO Defendants RESPONSE OPPOSING Plaintiffs CROSS-MOTION FOR S/J [29-1] (former employee) (Entered: 07/28/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE REPLY TO 8/29/99 [29-1] [31-1]; RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] and Plaintiff's CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 8/29/99 (counsel notified) (former employee) (Entered: 07/29/1999)

SUPPLEMENTAL EXHIBITS in support of Defendants Motion for S/J [12-1] and in opposition to Plaintiffs cross Motion for S/J (former employee) (Entered: 07/30/1999)

RESUBMISSION OF SUPPLEMENTAL EXHIBIT 106 (former employee) (Entered: 07/30/1999)

REPLY TO RESPONSE by Plaintiff re CROSS MOTION FOR SUMMARY JUDGMENT [21-1] (former employee) (Entered: 08/26/1999)

SUPPLEMENTAL EXHIBITS in support of Plaintiffs Cross Motion for S/J [21-1] and in opposition to Defendants motion for S/J (former employee) (Entered: 08/26/1999)

MOTION by Plaintiffs FOR LEAVE TO FILE a Supplemental Affidavit and Sur-Reply Memorandum. (peg) Modified on 09/13/1999 (Entered: 09/13/1999)

AFFIDAVIT of Alison Hardy. (peg) (Entered: 09/13/1999)

SUR-REPLY by Plaintiffs (peg) (Entered: 09/13/1999)

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT AND SUR-REPLY [37-1]; ORDER: RESETTING the parties' cross MOTIONS FOR SUMMARY JUDGMENT [12-1] & [21-1] to be taken under advisement as of 9/22/99. (counsel notified) (peg) (Entered: 09/14/1999)

SUR-SUR-REPLY filed by Defendants. (peg) (Entered: 09/23/1999)

OPINION AND ORDER DENYING Plaintiffs'CROSS MOTION FOR SUMMARY JUDGMENT [21-1] and GRANTING Defendants' MOTION FOR SUMMARY JUDGMENT [12-1]; Microfilmed 9/29/99; Signed 9/29/99 by Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)

JUDGMENT: Based on the Record, IT IS ORDERED AND ADJUDGED that this Action is DISMISSED WITH PREJUDICE ; Microfilmed 9/29/99; Signed 9/29/99 Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)

NOTICE OF APPEAL to Court of Appeals by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson, Hung Le from the court's 9/29/99 judgment [43-2] and opinion & order [42-1] Receipt # 426253. (peg) (Entered: 10/28/1999)

REPRESENTATION STATEMENT by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson and Hung Le. (peg) (Entered: 10/28/1999)

NOTIFICATION OF APPEAL mailed to Court of Appeals For the Ninth Circuit and to counsel along with copy of appealed documents and docket sheet. (peg)

TRANSCRIPT DESIGNATION AND ORDERING FORM filed by Appeallant; NO Transcripts ordered for Appeal [44-1]. (peg) (Entered: 11/15/1999)

NOTIFICATION by US Court of Appeals for the Ninth Circuit of Docket Number 99-36084 by Plaintiffs re: Appeal [44-1]. (peg) (Entered: 11/15/1999)

TIME SCHEDULE ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1], C/A #99-36084 Transcript order form due by 11/29/99; Transcripts filed by 12/28/99; Appellant's opening brief due by 2/14/00; Appellee's opposition brief due by 3/14/00, with the optional reply brief due no later than 14 days after service of the Appellee's brief. (peg) (Entered: 11/15/1999)

CERTIFICATE OF RECORD transmitted to US Court of Appeals for the Ninth Circuit re: Plaintff Prison Legal News' Appeal [44-1] filed on 10/28/99, C/A 99-36084. (peg) (Entered: 01/06/2000)

ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1] C/A #99-36084 extending the due date for appellees' brief to 6/26/00, with optional reply brief due 14 days from service of the answering brief. (peg) (Entered: 05/11/2000)

CLERK'S RECORD on appeal (entire original file) transmitted to US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)

MANDATE/JUDGMENT from USCA REVERSING AND REMANDING the Decision of the District Court re: CA 99-36084 [Appeal [44-1]; Bill of Costs entered 3/20/2001 AGAINST Defendants-Appellees in the amount of $426.75 (kw) (Entered: 04/02/2001)

CLERK'S RECORD on appeal (entire original file) returned from US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees; Plaintiffs shall submit the foregoing documents by 5/7/01; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/02/2001)

RECORD OF ORDER by Honorable Malcolm F. Marsh: Plaintiffs' Attorney Fee Application and proposed Judgment shall be filed/submitted by 6/7/2001 (counsel notified) (kw) (Entered: 05/02/2001)

RECORD OF ORDER by Honorable Malcolm F. Marsh CLARIFYING conflicting minute orders [53-1], [52-1]: Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees is GRANTED; Plaintiffs shall submit the foregoing documents on or before 6/7/2001; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/08/2001)

NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl for Defendants David Schumacher & David S Cook (document is not signed) (kw) Modified on 06/01/2001 (Entered: 05/30/2001)

NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl as counsel for State Defendants David S Cook and David Schumacher (signed document) (kw) (Entered: 06/01/2001)

MOTION by Plaintiffs FOR ATTORNEY FEES (in the amount of $59,510.50 and related expenses of $1,436.47) (kw) (Entered: 06/07/2001)

MEMORANDUM OF LAW IN SUPPORT by Plaintiffs of MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

DECLARATION by Plaintiffs of Alison Hardy IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

DECLARATION by Plaintiffs of Marc Blackman IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

DECLARATION by Plaintiffs of Samuel L Stiltner IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

CERTIFICATE OF SERVICE of MOTION FOR ATTORNEY FEES [57-1], memorandum of law in support [58-1], declaration of Alison Hardy [59-1], declaration of Marc Blackman [60-1], and declaration of Samuel J Stiltner [61-1] by Plaintiffs (kw) (Entered: 06/07/2001)

RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Plaintiff's MOTION FOR ATTORNEY FEES [57-1] for under advisement as of 7/5/01 (counsel notified) (kw) (Entered: 06/11/2001)

RESPONSE (filed as REPLY) by Defendants to PLAINTIFF'S MOTION FOR ATTORNEY FEES [57-1]: Reply due 7/6/01 (tomg) (Entered: 06/25/2001)

MEMORANDUM IN SUPPORT by Defendants of RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [64-1] (tomg) (Entered: 06/25/2001)

REPLY by Defendants to Plaintiff's Request for Injuction/Judgment (ljl) (Entered: 06/26/2001)

REPLY by Plaintiffs TO OBJECTIONS TO PROPOSED INJUNCTION; Request for Oral Argument (kw) (Entered: 07/05/2001)

REPLY TO OBJECTIONS by Plaintiffs TO REQUEST FOR ATTORNEY FEES [57-1] (kw) (Entered: 07/05/2001)

CERTIFICATE OF SERVICE of MOTION reply [68-1], & reply [67-1] by Plaintiffs (kw) (Entered: 07/05/2001)

OPINION AND ORDER GRANTING Plaintiffs' MOTION FOR ATTORNEY FEES [57-1]; Plaintiffs may recover $58,059.47 in fees and expenses; (See formal 7-page Opinion and Order); Signed 8/6/01 by Honorable Malcolm F. Marsh (microfilmed 8/8/01) (counsel notified) (kw) (Entered: 08/08/2001)

JUDGMENT ON REMAND; Based on the record on remand from the Court of Appeals [51-1], IT IS HEREBY ORDERED, ADJUDGED AND DECLARED that Oregon Administrative Rule (OAR) 291-131-0025(8) (1998), pursuant to which the Oregon Department of Corrections prohibits all incoming mail at institutions under its management except express mail, priority mail, first class mail or periodicals mail, is unconstitutional as applied to subscription non-profit organizations mail; IT IS FURTHER ORDERED that Defendants are PERMANENTLY ENJOINED from enforcing OAR 291-131-0025(8) (1998) or any other rule that prohibits inmates at institutions under the management of the Oregon Department of Corrections from receiving subscription non-profit organization mail mailed at standard mail rates; IT IS FURTHER ORDERED that upon rejection of any item of subscription non-profit organization mail mailed at standard mail rates, Defendants shall afford the sender and the intended recipient notice and opportunity to contest the rejection; IT IS FURTHER ORDERED that Plaintiffs are entitled to an award of attorney fees and expenses in the amount of $58,059.47; Signed 8/7/01 (microfilmed 8/8/01) Honorable Malcolm F. Marsh (counsel notified) (kw) (Entered: 08/08/2001)

CASE FILE SENT TO THE FRC Accession number 21-03-0030 Location number 1049179 Box 79 of 454 (ljl) Modified on 01/31/2003