Case: Staley v. Kulongoski

Staley v. Kitzhaber

Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. Filing fee collected. Receipt No.: #427642 issued. Filed by Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 01/18/2000)

Amended Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 1 ) Filed by Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 02/03/2000)

Return of Service Executed upon OR Dept of Human Resources on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Return of Service Executed upon John Kitzhaber on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Return of Service Executed upon John Kitzhaber as Govenor of the State of Oregon on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Return of Service Executed upon Gary Weeks, individually on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Return of Service Executed upon Gary Weeks, in his official capacity as Director of Oregon Department of Human Resources on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Attorney Appearance: Notice of Appearance by Stephen K. Bushone, Assistant Attorney General representing Defendants . Filed by all defendants. (Kirk, ) (Entered: 02/25/2000)

Stipulation and Order staying further proceedings in this case until April 10, 2000, Signed 2/28/00 by Judge Janice M. Stewart. (Ausbie, Donna) (Entered: 02/29/2000)

Stipulated Motion for Stay Extending Stay of Proceedings . Response due by 4/24/2000. Filed by all defendants. (Kirk, ) (Entered: 04/11/2000)

Record of Order by Judge Stewart − Granting Stipulated Motion for extension of stay (to May 10, 2000) (Related Doc # 11 ). (Ausbie, Donna) (Entered: 04/12/2000)

Stipulated Motion for Stay Second Stipulation to Extend Stay of Proceedings . Response due by 5/23/2000. Filed by all defendants. (Kirk, ) (Entered: 05/09/2000)

Record of Order by Judge Stewart: Granting Second Stipulation Extending Stay of proceedings to June 12, 2000. (Related Doc # 13 ). (Ausbie, Donna) (Entered: 05/10/2000)

Stipulation Permitting Plaintiffs to File Second Amended Complaint . Filed by all plaintiffs. (Kirk, ) (Entered: 06/12/2000)

Amended Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 3 ) Filed by ARC of Oregon, Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 06/12/2000)

Record of Order by Judge Janice M. Stewart. Granting stipulation permitting Plaintiffs to file 2nd amended complaint. (related document(s) 15 ) (Ausbie, Donna) (Entered: 06/14/2000)

Record of Order by Judge Janice M. Stewart: Setting Rule 16 Conference for 6/30/2000 at 02:30PM by Telephone. (Ausbie, Donna) (Entered: 06/21/2000)

Answer to Amended Complaint &Affirmative Defenses . (Related Doc # 16 ) Filed by John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (Kirk, ) (Entered: 06/27/2000)

Record of Proceedings before Judge Janice M. Stewart. Striking the discovery deadline and pretrial order due date and setting a Status Conference for 10/2/2000

Motion to Withdraw or Substitute an Attorney by Legal Aid Services of Oregon . Response due by 9/26/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 09/14/2000)

Record of Order by Judge Stewart − Granting Motion to Withdraw as counsel for plaintiffs by Legal Aid Services of Oregon, (Related Doc # 22 ). (da, ) (Entered: 09/15/2000)

Third Amended Complaint for Declaratory &Injunctive Relief &Class Action Allegation against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 16 ) Filed by ARC of Oregon, Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 09/21/2000)

Stipulation to Amendment of Complaint . (related document(s) 24 ) Filed by all plaintiffs. (Kirk, ) (Entered: 09/21/2000)

Motion for Order Certifying a Settlement Class &for Preliminary Approval of Class Action Settlement . Response due by 10/4/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 09/21/2000)

Memorandum in Support of Law in Support of Motion for An Order Certifying A Settlement Class &for Preliminary Approval of Class Action Settlement . Filed by all plaintiffs. (Related motion(s) 26 ) (Kirk, ) (Entered: 09/21/2000)

Full Consent by all parties to all further proceedings before a US Magistrate Judge. (Kirk, ) (Entered: 09/25/2000)

Record of Order by Judge Stewart: Granting stipulation to amendment of complaint, #25. ORDER − Plaintiffs' motion for an order certifying a settlement class and for preliminary approval of class action settlement, (related document(s) 26 ) will be taken under advisement by Judge Stewart on 10/23/2000. (da, ) (Entered: 09/26/2000)

Record of Order by Judge Stewart: Striking the status conference on Monday, 10/2/2000, as moot. (da, ) (Entered: 09/29/2000)

Order Granting Motion for Order Certifying Settlement Class and for Preliminary Approval of Class Action Settlement (Related Doc # 26 ). Signed October 27, 2000 by Judge Janice M. Stewart. Stewart2. (Entered: 10/30/2000)

Record of Order by Judge Janice M. Stewart: ORDER CERTIFYING SETTLEMENT CLASS AND PRELIMINARILY APPROVING SETTLEMENT, APPROVING CLASS NOTICE AND SCHEDULING FAIRNESS HEARING. Hearing set for 12/14/2000 at 09:30 AM in Portland. (stewart2, ) (Entered: 10/30/2000)

Stipulation and Order setting time for plaintiffs to file motion for attorneys' fees and expenses and bill of costs. Based on the stipulation of the parties, it is hereby ordered that plaintiffs may file a motion for attorneys' fees and expenses and a bill of costs within thirty (30) days of entry of judgment approving the settlement in this case. Signed 11/22/2000 by Judge Janice M. Stewart. (da, ) (Entered: 11/27/2000)

Record of Order by Judge Janice M. Stewart: Setting a Status Conference for 12/12/2000 at 09:00AM by telephone. (da, ) (Entered: 12/06/2000)

Motion to Certify the Class Motion for Final Approval of Class Action Settlement &Dismissal of Case . Response due by 12/26/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 12/13/2000)

Record of fairness hearing re: Class Action Settlement Approval. ORDER: Plaintiff's Motion for Final Approval of Class Action Settlement and Dismissal of Case is GRANTED,(Related Doc # 35 . The Court grants approval of the final settlement and the case is dismissed subject to the Court retaining jurisdiction for purposes of enforcing the settlement agreement. (da, ) (Entered: 12/14/2000)

Order Granting Final approval of class settlement and dismissing class claims.Final approval is given to the Settlement Agreement. The claims set forth in the Third Amended Complaint in this case are dismissed, subject to the Court retaining jurisdiction solely for the purpose of enforcing compliance with the Settlement Agreement. As previously ordered pursuant to a stipulation of the parties, plaintiffs may file a motion for award of attorneys' fees and expenses and a bill of costs within thirty days of entry of judgment.Signed 12/14/2000 by Judge Janice M. Stewart. (da, ) (Entered: 12/14/2000)

Judgment: The court has granted final approval to the Settlement Agreement. Pursuant to section VIIIF.2 of the Settlement Agreement, this action is hereby DISMISSED, subject to the court's limited retention of jurisdiction solely for the purpose of enforcing compliance with the Settlement Agreement. Signed 12/14/2000 by Judge Janice M. Stewart. (related document(s) 24 ) (da, ) (Entered: 12/14/2000)

Affidavit of Jack A. Morgan . Filed by all defendants. (Kirk, ) (Entered: 12/18/2000)

Joint Motion for Order Granting Preliminary Approval of Settlement Modification Agreement . Filed by all defendants. (Kirk, ) (Entered: 10/31/2003)

Memorandum in Support of Joint Motion for an Order Granting Approval of Settlement Modification Agreement . Filed by all plaintiffs. (Related document(s) 41 ) (Kirk, ) (Entered: 10/31/2003)

Memorandum in Support of Motion for Approval of Modification of Settlement Agreement . Filed by all defendants. (Bushong, Stephen) (Entered: 10/31/2003)

CIVIL MINUTES: Record of Order by Judge Stewart − Setting a telephone conference call before Judge Stewart on 11/7/2003 at 03:15 PM to discuss dates for the Joint motion for an order granting preliminary approval of settlement modification agreement. (Related documents(s) 41 ) (da, ) (Entered: 11/05/2003)

Notice of Modification of Settlement of Class Action. Signed 11/7/2003 by Judge Janice M. Stewart. (da, ) (Entered: 11/07/2003)

Order Preliminarily Approving Agreement Modifying Settlement Agreement, Approving Class Notice, and Scheduling Fairness Hearing. A fairness hearing is set before Judge Stewart on 1/14/2004 at 9:30 AM in Courtroom 10B. Signed 11/7/2003 by Judge Janice M. Stewart. (da, ) (Entered: 11/07/2003)

CIVIL MINUTES: Record of telephone conference on 11/7/03. ORDER − setting a hearing on objections before Judge Stewart on 1/14/2004 at 9:30 AM. See formal order. Counsel Present for Plaintiff: James Wrigley. Counsel Present for Defendant: Stephen Bushong. (da, ) (Entered: 11/13/2003)

Affidavit of Michael J. Maley . Filed by all defendants. (Bushong, Stephen) (Entered: 01/12/2004)

Motion Plaintiffs' Motion for Order Granting Final Approval of Settlement Modification Agreement (with Affidavit of James A. Wrigley attached) . Filed by all plaintiffs. (da, ) (Entered: 01/13/2004)

CIVIL MINUTES: Record of time set for hearing of any objections on Motion for Approval of Settlement Modification Agreement. No objections were received.ORDER − Granting Plaintiffs' motion for Final Approval of Settlement Modification Agreement, #48. Formal order to follow. ORDER − Pursuant to FRCP 25 (d)(1), the current Governor, Theodore Kulongoski, and current Director of Human Resources, Jean Thorne, are substituted as defendants in this action. before Judge Janice M. Stewart. Counsel Present for Plaintiff: James Wrigley. Counsel Present for Defendant: Stephen Bushong. Court Reporter: Bonita Alexander. (Related documents(s) 48 ) (da, ) (Entered: 01/14/2004)