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Siring v. Oregon State Board of Higher Education, Docket No. 3:11-cv-01407 (D. Or. Nov 21, 2011), Court Docket
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Siring v. Oregon State Board of Higher Education

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ord
U.S. District Court
District of Oregon (Portland (3))
CIVIL DOCKET FOR CASE #: 3:11-cv-01407-SI

Siring v. Oregon State Board of Higher Education

DOCKET INFORMATION
Minimize
Date Filed: Nov 21, 2011
Status: Closed
Nature of suit:442 Civil Rights: Jobs
Assigned to:Judge Michael H. Simon
Cause:42:12101 Americans with Disabilities Act
Date terminated:2013-11-14
Jurisdiction:Federal Question
Jury demand:Plaintiff

Parties and Attorneys

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 Plaintiff
Rosemary Siring
Plaintiff
Representation
Craig A. Crispin
Crispin Employment Lawyers
1834 SW 58th
Suite 200
Portland, OR 97221
(503) 293-5759
Fax: (503) 293-5766
crispin@employmentlaw-nw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Shelley D. Russell
Crispin Employment Lawyers
1834 SW 58th Ave.
Suite 200
Portland, OR 97221-1455
(503) 293-5767
Fax: (503) 293-5766
shelley@employmentlaw-nw.com
ATTORNEY TO BE NOTICED

 Defendant
Oregon State Board of Higher Education
acting by and through Eastern Oregon University, a public educational institution of higher learning
Defendant
Representation
J. Michael Porter
Miller Nash LLP
111 SW Fifth Avenue
Suite 3400
Portland, OR 97204
(503) 224-5858
Fax: (503) 224-0155
mike.porter@millernash.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cody J. Elliott
Miller Nash LLP
111 SW Fifth Avenue, Suite 3400
Portland, OR 97204
(503) 224-5858
Fax: (503) 224-0155
cody.elliott@millernash.com
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Nov 21, 2011RequestNotice of Removal of Case Number 1110-13749 from Circuit Court of the State of Oregon for the County of Multnomah. Filing Fee in amount of $350 collected. Receipt No. 44014 issued.. Filed by Oregon State Board of Higher Education against Oregon State Board of Higher Education. (Attachments: # 1 Attachment 1 ( State Court Documents ), # 2 Civil Cover Sheet) (msk) (Entered: 11/22/2011)
2Nov 21, 2011RequestDiscovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 3/20/2012. Joint Alternate Dispute Resolution Report is due by 4/19/2012. Pretrial Order is due by 4/19/2012. Ordered by Magistrate Judge Janice M. Stewart. (msk) (Entered: 11/22/2011)
3Nov 22, 2011RequestUnopposed Motion for Extension of Time to Answer . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 11/22/2011)
4Nov 28, 2011RequestORDER by Magistrate Judge Janice M. Stewart: Granting Defendant's Unopposed Motion for Extension of Time to Answer 3 . Answer is due by 12/9/2011. (jlr) (Entered: 11/28/2011)
5Dec 9, 2011RequestAnswer to Complaint following a Notice of Removal (Related Doc. 1 ) . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 12/09/2011)
6Dec 15, 2011RequestFed. R. Civ. P. 26(a)(1) Agreement . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 12/15/2011)
7Dec 23, 2011RequestDefendants First Amended Answer to Complaint following a Notice of Removal (Related Doc. 1 ) . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 12/23/2011)
8Feb 2, 2012RequestUnopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 02/02/2012)
9Feb 3, 2012RequestMotion for Protective Order . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 02/03/2012)
10Feb 3, 2012RequestMemorandum in Support of Motion for Protective Order. Filed by Rosemary Siring. (Related document(s): Motion for Protective Order 9 .) (Crispin, Craig) (Entered: 02/03/2012)
11Feb 3, 2012RequestDeclaration of CRAIG A. CRISPIN in Support of Motion for Protective Order. Filed by Rosemary Siring. (Related document(s): Motion for Protective Order 9 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Crispin, Craig) (Entered: 02/03/2012)
12Feb 3, 2012RequestORDER by Magistrate Judge Janice M. Stewart: Granting in part Defendant Eastern Oregon University's Unopposed Motion To Set Case Schedule 8 . Written Consents to Magistrate (if any) are due by 5/14/12. Joint Alternate Dispute Resolution Report is due by 5/31/2012. Discovery is to be completed by 6/15/2012. Plaintiff's Expert Witness (Liability) Disclosure is due by 6/30/12. Defendant's Expert Witness (Liability) Disclosure is due by 7/13/12. Dispositive Motions are due by 7/13/2012. Joint Pretrial Order and Expert Witness (Damages) Disclosure are due by 9/7/2012 (or 60 days after final ruling on any dispositive motions). (jlr) (Entered: 02/03/2012)
13Feb 3, 2012RequestScheduling Order by Magistrate Judge Janice M. Stewart: Setting a TELEPHONE Rule 16 Conference for Wednesday, 5/16/2012 at 9:30AM before Magistrate Judge Janice M. Stewart. The court will initiate the call. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr) (Entered: 02/03/2012)
14Feb 6, 2012RequestScheduling Order by Magistrate Judge Janice M. Stewart: SETTING Plaintiff's Motion for Protective Order 9 to be taken under advisement on 3/12/2012. (jlr) (Entered: 02/06/2012)
15Feb 17, 2012RequestUnopposed Motion for Extension of Time to File a Response/Reply to Motion for Protective Order 9 . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 02/17/2012)
16Feb 21, 2012RequestResponse to Motion for Protective Order 9 . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 02/21/2012)
17Feb 21, 2012RequestORDER by Magistrate Judge Janice M. Stewart: Finding as Moot Defendant Eastern Oregon University's Unopposed Motion for Extension of Time to File Response. Response 16 has been filed (jlr) (Entered: 02/21/2012)
18Mar 6, 2012RequestORDER: Granting Plaintiff's Motion for a Protective Order 9 ) on the ground that the scope is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At this point prior to plaintiff's deposition and responses to defendant's discovery requests, defendant has offered no reason to question plaintiff's credibility concerning her grant of tenure by MSU or to cast doubt on her understanding of the tenure process. In addition, plaintiff's prior employment at MSU has no relevance to her emotional distress damages arising from her termination by defendant or to her job performance while employed by defendant. Signed on 3/6/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 03/06/2012)
19Apr 3, 2012RequestStipulated Proposed Form of Order Submitted . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 04/03/2012)
20Apr 4, 2012RequestStipulated Protective Order. Signed on 4/12/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 04/04/2012)
21May 16, 2012RequestMINUTES of Proceedings: Telephone Rule 16 Conference and Notice Regarding Civil Case Procedures. Joint Alternate Dispute Resolution Report is due by 5/31/2012. Discovery is to be completed by 6/14/2012. Dispositive Motions are due by 7/13/2012. Plaintiff's Expert Witness Statements as to liability are due 6/30/2012. Defendant's Expert Witness Statements as to liability are due 7/13/2012. Exchange of Expert Witness Statements on damages must be completed by 1/11/2013. Pretrial Order is due by 1/11/2013. Craig A. Crispin present as counsel for plaintiff(s). Cody J. Elliot; J. Michael Porter present as counsel for defendant(s). Court Reporter: N/A. Tape No: N/A.Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 05/16/2012)
22May 16, 2012RequestFed. R. Civ. P. 26(a)(1) Agreement . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 05/16/2012)
23Jun 1, 2012RequestJoint ADR Report . Filed by Oregon State Board of Higher Education.(Elliott, Cody) (Entered: 06/01/2012)
24Jul 13, 2012RequestMotion for Summary Judgment . Oral Argument requested. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 07/13/2012)
25Jul 13, 2012RequestMemorandum in Support of Motion for Summary Judgment. Filed by Oregon State Board of Higher Education. (Related document(s): Motion for Summary Judgment 24 .) (Elliott, Cody) (Entered: 07/13/2012)
26Jul 13, 2012RequestDeclaration of Carol Lauritzen in Support of Defendant's Motion for Summary Judgment. Filed by Oregon State Board of Higher Education. (Related document(s): Motion for Summary Judgment 24 .) (Elliott, Cody) (Entered: 07/13/2012)
27Jul 13, 2012RequestDeclaration of Michael Jaeger in Support of Defendant's Motion for Summary Judgment. Filed by Oregon State Board of Higher Education. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Elliott, Cody) (Entered: 07/13/2012)
28Jul 13, 2012RequestDeclaration of Cody Elliott in Support of Defendant's Motion for Summary Judgment. Filed by Oregon State Board of Higher Education. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit 1, part 1, # 2 Exhibit 1, part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12) (Elliott, Cody) (Entered: 07/13/2012)
29Jul 19, 2012RequestScheduling Order by Magistrate Judge Janice M. Stewart: SETTING Defendant's Motion for Summary Judgment 24 for Oral Argument on Wednesday, 9/19/2012 at 9:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. Please refer to the Notice Regarding Civil Case Procedures in cases assigned to Judge Stewart attached to document 21 . (jlr) (Entered: 07/19/2012)
30Aug 2, 2012RequestJoint Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 24 . Filed by All Parties. (Crispin, Craig) (Entered: 08/02/2012)
31Aug 2, 2012RequestDeclaration of CRAIG A. CRISPIN . Filed by Rosemary Siring. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 30 .) (Crispin, Craig) (Entered: 08/02/2012)
32Aug 3, 2012RequestORDER by Magistrate Judge Janice M. Stewart: Granting Joint Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment 24 Response is due by 8/10/2012. Reply is due by 9/7/2012. (jlr) (Entered: 08/03/2012)
33Aug 10, 2012RequestResponse in Opposition to Motion for Summary Judgment 24 Oral Argument requested. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 08/10/2012)
34Aug 10, 2012RequestDeclaration of CRAIG A. CRISPIN . Filed by Rosemary Siring. (Related document(s): Response in Opposition to Motion 33 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Crispin, Craig) (Entered: 08/10/2012)
35Sep 7, 2012RequestReply to Motion for Summary Judgment 24 Oral Argument requested. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/07/2012)
36Sep 7, 2012RequestDeclaration of Cody J. Elliott in Support of Defendant's Reply. Filed by Oregon State Board of Higher Education. (Related document(s): Reply to Motion 35 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Elliott, Cody) (Entered: 09/07/2012)
37Sep 14, 2012RequestDeclaration of Jean Stockard Ph.D. . Filed by Rosemary Siring. (Related document(s): Response in Opposition to Motion 33 .) (Crispin, Craig) (Entered: 09/14/2012)
38Sep 19, 2012RequestMINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment 24 . Motion is taken under advisement as of 9/19/2012. Craig A. Crispin present as counsel for plaintiff. J. Michael Porter, Cody J. Elliott present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Tape No: n/a. Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion for Summary Judgment 24 .) (ssm) (Entered: 09/19/2012)
39Oct 3, 2012ViewFindings & Recommendation: Motion for Summary Judgment 24 should be granted in part and denied in part. Objections to the Findings and Recommendation are due by 10/22/2012. Signed on 10/3/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 10/03/2012)
40Oct 3, 2012RequestOrder by Magistrate Judge Janice M. Stewart referring Motion for Summary Judgment 24 , and Findings & Recommendation 39 to Judge Michael H. Simon for his consideration. (jlr) (Entered: 10/03/2012)
41Oct 22, 2012ViewObjection(s) entitled: Defendant's Objections to Magistrate Judge's Findings and Recommendation. Filed by Oregon State Board of Higher Education. (Related document(s): Findings & Recommendation, 39 .) (Elliott, Cody) (Entered: 10/22/2012)
42Oct 22, 2012RequestDeclaration of Cody J. Elliott in Support of Defendant's Objections. Filed by Oregon State Board of Higher Education. (Related document(s): Objection 41 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Elliott, Cody) (Entered: 10/22/2012)
43Nov 5, 2012RequestResponse to Objections to Findings & Recommendation. Related document(s): 41 Objection. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 11/05/2012)
44Nov 5, 2012RequestDeclaration of CRAIG A. CRISPIN . Filed by Rosemary Siring. (Related document(s): Response to Objections to Findings & Recommendation 43 .) (Attachments: # 1 Exhibit A) (Crispin, Craig) (Entered: 11/05/2012)
45Nov 29, 2012ViewOPINION and ORDER - The Court orders that Judge Stewart's findings and recommendation, Dkt. 39 , are ADOPTED. Defendant's Motion for Summary Judgment, Dkt. 24 , is GRANTED IN PART and DENIED IN PART as follows: (1) the Motion for Summary Judgment is GRANTED as to the Third, Fourth, and Fifth Claims (alleging retaliation) only to the extent that they are based on actions taken after Plaintiff's March 2010 email, which is not a protected activity, and after Plaintiff filed her Tort Claim Notice and BOLI complaint in July 2010 due to lack of causation; (2) the Motion for Summary Judgment is DENIED as to those portions of the Third, Fourth, and Fifth Claims (alleging retaliation) to the extent they are based on actions taken after Plaintiff sent her May 24, 2010 letter; and (3) the Motion for Summary Judgment is DENIED as to the remaining claims. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/29/2012)
46Dec 11, 2012RequestUnopposed Motion for Extension of Time for Damages Expert Disclosures. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 12/11/2012)
47Dec 11, 2012RequestDeclaration of CRAIG A. CRISPIN . Filed by Rosemary Siring. (Related document(s): Motion for Extension of Time 46 .) (Crispin, Craig) (Entered: 12/11/2012)
48Dec 12, 2012RequestORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Unopposed Motion for Extension of Time 46 . Exchange of Expert Witness Statements on damages must be completed by 2/13/2013. (jlr) (Entered: 12/12/2012)
49Jan 17, 2013RequestScheduling Order by Magistrate Judge Janice M. Stewart extending the Pretrial Order due date to 2/13/2013 along with the date for the Exchange of Expert Witness Statements on damages. (jlr) (Entered: 01/17/2013)
50Feb 7, 2013RequestJoint Proposed Pretrial Order Lodged . Filed by All Parties. (Crispin, Craig) (Entered: 02/07/2013)
51Feb 13, 2013RequestNotice of Case Reassignment: This case has been reassigned from Magistrate Judge Janice M. Stewart to Judge Michael H. Simon. (eo) (Entered: 02/13/2013)
52Feb 21, 2013RequestScheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Conference to discuss the trial date for 3/14/2013 at 10:00AM. The Court will provide counsel with a call-in number by email prior to the conference. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/21/2013)
53Feb 21, 2013RequestPretrial Order. Signed on 2/21/13 by Judge Michael H. Simon. (mja) (Entered: 02/22/2013)
54Mar 14, 2013RequestMINUTES of Telephone Conference: Order - Setting a case schedule as follows: A Pretrial Conference is set for 10/3/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. A 6-day Jury Trial is set for 10/15/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. The parties may submit briefing on any issues they wish to have early resolution of by 5/13/2013. Responses are due by 5/31/2013. Oral Argument is set for 6/10/2013 at 1:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Craig A. Crispin present as counsel for plaintiff(s). Cody Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/14/2013)
55Mar 14, 2013RequestTrial Management Order. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/14/2013)
56May 13, 2013RequestMotion in limine to Exclude Report and Testimony of Jean Stockard. Oral Argument requested. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 05/13/2013)
57May 13, 2013RequestMemorandum in Support of Motion in Limine to Exclude Report and Testimony of Jean Stockard. Filed by Oregon State Board of Higher Education. (Related document(s): Motion in Limine 56 .) (Elliott, Cody) (Entered: 05/13/2013)
58May 13, 2013RequestDeclaration of Cody J. Elliott in Support of Defendant's Motion in Limine to Exclude Report and Testimony of Jean Stockard. Filed by Oregon State Board of Higher Education. (Related document(s): Motion in Limine 56 .) (Attachments: # 1 Exhibit 1) (Elliott, Cody) (Entered: 05/13/2013)
59May 30, 2013RequestResponse in Opposition to Motion in limine to Exclude Report and Testimony of Jean Stockard 56 . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 05/30/2013)
60May 30, 2013RequestDeclaration of CRAIG A. CRISPIN . Filed by Rosemary Siring. (Related document(s): Response in Opposition to Motion 59 .) (Attachments: # 1 Exhibit A) (Crispin, Craig) (Entered: 05/30/2013)
61Jun 10, 2013RequestMINUTES of Motion Hearing: Witness Jean Stockard sworn and examined. Order - Defendant's Motion in limine to Exclude Report and Testimony of Jean Stockard 56 is taken under advisement as of 6/10/2013. Craig A. Crispin present as counsel for plaintiff(s). Cody Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 06/10/2013)
62Jun 11, 2013RequestOpinion and Order - The Court finds Dr. Jean Stockard to be a qualified expert. Defendant's motion in limine to exclude Dr. Stockard's expert testimony is GRANTED IN PART AND DENIED IN PART. Dr. Stockard's testimony as to the intent, motive, or state of mind of Eastern Oregon University and its personnel is EXCLUDED, but her remaining testimony is relevant and reliable and will be ADMITTED. To the extent that Dr. Stockard's reports would be cumulative of her testimony, the reports will not be admitted. Signed on 6/11/2013 by Judge Michael H. Simon. (mja) (Entered: 06/11/2013)
63Sep 5, 2013RequestExhibit List . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
64Sep 5, 2013RequestDesignation of Deposition Testimony of Michael Jaeger. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
65Sep 5, 2013RequestDesignation of Deposition Testimony of Carol Lauritzen. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
66Sep 5, 2013RequestExpert Statement of Suzanne Best Ph.D.. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
67Sep 5, 2013RequestAmended Expert Statement of Suzanne Best Ph.D.. Filed by Rosemary Siring. (Attachments: # 1 Exhibit A) (Crispin, Craig) (Entered: 09/05/2013)
68Sep 5, 2013RequestExpert Statement of Dr. Walt Lierman. Filed by Rosemary Siring. (Attachments: # 1 Exhibit A) (Crispin, Craig) (Entered: 09/05/2013)
69Sep 5, 2013RequestExpert Statement of Dr. Jean Stockard. Filed by Rosemary Siring. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Crispin, Craig) (Entered: 09/05/2013)
70Sep 5, 2013RequestProposed Jury Instructions . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
71Sep 5, 2013RequestProposed Jury Verdict Form. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
72Sep 5, 2013RequestTrial Memorandum . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
73Sep 5, 2013RequestWitness List . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
74Sep 5, 2013RequestProposed Voir Dire . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
75Sep 5, 2013RequestMotion in limine . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/05/2013)
76Sep 9, 2013RequestNotice of Appearance of Shelley D. Russell appearing on behalf of Rosemary Siring Filed by on behalf of Rosemary Siring (Russell, Shelley) (Entered: 09/09/2013)
77Sep 9, 2013RequestScheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the Court's schedule, the Court is resetting the Pretrial Conference from 10/3/2013 to 10/8/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/09/2013)
78Sep 12, 2013RequestCross Designation of Deposition Testimony Michael Jaeger. Filed by Oregon State Board of Higher Education. (Attachments: # 1 Attachment A) (Elliott, Cody) (Entered: 09/12/2013)
79Sep 12, 2013RequestCross Designation of Deposition Testimony Carol Lauritzen. Filed by Oregon State Board of Higher Education. (Attachments: # 1 Attachment A) (Elliott, Cody) (Entered: 09/12/2013)
80Sep 12, 2013RequestProposed Voir Dire Questions. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
81Sep 12, 2013RequestObjection(s) to Plaintiff's Proposed Voir Dire. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
82Sep 12, 2013RequestObjection(s) to Plaintiff's Exhibits, Witnesses, Lay Witness Statements, and Substantive Deposition Testimony Designations. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
83Sep 12, 2013RequestTrial Brief . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
84Sep 12, 2013RequestExhibit List . Filed by Oregon State Board of Higher Education. (Attachments: # 1 Attachment A) (Elliott, Cody) (Entered: 09/12/2013)
85Sep 12, 2013RequestWitness List . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
86Sep 12, 2013RequestObjection(s) to Plaintiff's Motions in Limine. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
87Sep 12, 2013RequestMotion in limine . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
88Sep 12, 2013RequestProposed Jury Verdict Form. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
89Sep 12, 2013RequestObjection(s) to Plaintiff's Proposed Jury Instructions and Verdict Form and Memorandum in Support of Defendant's Proposed Jury Instructions and Verdict Form. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
90Sep 12, 2013RequestProposed Jury Instructions . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/12/2013)
91Sep 19, 2013RequestObjection(s) To Defendant's Exhibits, Witnesses, Designations. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/19/2013)
92Sep 19, 2013RequestObjection(s) To Defendant's motions in limine. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/19/2013)
93Sep 19, 2013RequestObjection(s) Responding to Defendants Objections to Plaintiffs Exhibits. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/19/2013)
94Sep 19, 2013RequestObjection(s) in Response to Defendant's Objections to Plaintiff's Verdict Form. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/19/2013)
95Sep 19, 2013RequestCross Designation of Deposition Testimony Michael Jeager. Filed by Rosemary Siring. (Attachments: # 1 Proposed Document Jaeger Cross Designations) (Crispin, Craig) (Entered: 09/19/2013)
96Sep 19, 2013RequestAmended Exhibit List . Filed by Rosemary Siring. (Attachments: # 1 Attachment Amended Exhibit List) (Crispin, Craig) (Entered: 09/19/2013)
97Sep 19, 2013RequestObjection(s) to Defendant's Proposed Jury Instructions. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/19/2013)
98Sep 23, 2013RequestOFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 10, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/3/2013. Redaction Request due 10/18/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/26/2013. (Apodaca, Dennis) (Entered: 09/23/2013)
99Sep 24, 2013RequestSupplemental Proposed Jury Instructions . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 09/24/2013)
100Sep 26, 2013RequestObjection(s) (Defendant's Responses to Plaintiff's Objections to Defendant's Exhibits, Lay Witness Statements, and Substantive Deposition Testimony Designations). Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/26/2013)
101Sep 26, 2013RequestAmended Exhibit List . Filed by Oregon State Board of Higher Education. (Attachments: # 1 Attachment A) (Elliott, Cody) (Entered: 09/26/2013)
102Sep 27, 2013RequestObjection(s) (Defendant's Objections to Plaintiff's Supplemental Proposed Jury Instructions Filed 9/24/2013). Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 09/27/2013)
103Oct 1, 2013RequestJoint Status Report by Oregon State Board of Higher Education. Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 10/01/2013)
104Oct 1, 2013RequestJoint Statement of Case . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 10/01/2013)
105Oct 2, 2013RequestOrder - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the first day of the Jury Trial from 10/15/2013 at 9:00AM to 10/15/2013 at 01:00PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/02/2013)
106Oct 8, 2013RequestMemorandum in Opposition to Evidence of Previous Tenure Process to Motion in limine 87 . Filed by Rosemary Siring. (Crispin, Craig) (Entered: 10/08/2013)
107Oct 8, 2013RequestMemorandum in Opposition to Proposed Business Judgment Instruction . Filed by Rosemary Siring. (Crispin, Craig) Modified on 10/9/2013 (sss). (Entered: 10/08/2013)
108Oct 8, 2013RequestMINUTES of Pretrial Conference: Order - The Parties' motions in limine 75 & 87 are GRANTED in PART and DENIED in PART as set forth in the Court's Opinion and Order. Setting a Final Pretrial Conference for 10/15/2013 at 11:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Opinion and Order to follow. Craig Crispin and Shelley D. Russell present as counsel for plaintiff(s). Cody J. Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/08/2013)
109Oct 8, 2013ViewOpinion and Order - The Parties motions in limine and other evidentiary objections are GRANTED IN PART and DENIED IN PART as set forth in this Opinion and Order. The next Pretrial Conference shall occur on Tuesday, October 15, 2013, at 11:00 a.m. in Courtroom 13B. Signed on 10/8/2013 by Judge Michael H. Simon. (mja) (Entered: 10/08/2013)
110Oct 9, 2013RequestSupplement [Defendant's Supplemental Response to Plaintiff's Memorandum in Opposition to Business or Academic Judgment Instruction]. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/09/2013)
111Oct 9, 2013RequestResponse [Defendant's Response to Plaintiff's Memorandum in Opposition to Evidence of Previous Tenure Process]. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/09/2013)
112Oct 9, 2013RequestSupplemental Trial Memorandum re Adverse Employment Actions under Disability Claims. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 10/09/2013)
113Oct 10, 2013RequestOFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference Hearing held on October 8, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/21/2013. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/13/2014. (Apodaca, Dennis) (Entered: 10/10/2013)
114Oct 10, 2013RequestSupplemental Trial Memorandum re But For or Motivating Factor. Filed by Rosemary Siring. (Russell, Shelley) (Entered: 10/10/2013)
115Oct 11, 2013RequestAmended Witness List . Filed by Oregon State Board of Higher Education. (Elliott, Cody) (Entered: 10/11/2013)
116Oct 11, 2013RequestAmended Witness List Plaintiff's Second Amended. Filed by Rosemary Siring. (Russell, Shelley) (Entered: 10/11/2013)
117Oct 11, 2013RequestResponse [Defendant's Response to Plaintiff's Memorandum re Adverse Employment Actions Under Disability Discrimination Claims 112 ]. Filed by All Defendants. (Porter, J.) Modified to add link on 10/15/2013 (sss). (Entered: 10/11/2013)
118Oct 11, 2013RequestAmended Exhibit List [Defendant's Second Amended Trial Exhibit List]. Filed by Oregon State Board of Higher Education. (Attachments: # 1 Attachment A) (Elliott, Cody) (Entered: 10/11/2013)
119Oct 11, 2013RequestSupplement [Defendant's Supplemental Briefing Concerning Causation Standard. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/11/2013)
120Oct 11, 2013RequestAmended Witness List . Filed by Rosemary Siring. (Russell, Shelley) (Entered: 10/11/2013)
121Oct 11, 2013RequestProposed Jury Instructions [Defendant's Proposed Limiting Instruction Concerning Exhibits 58 and 204]. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/11/2013)
122Oct 11, 2013RequestSupplemental Trial Brief re Plaintiff's Proposed Ex. 78 - Colorado Reading Journal Article. Filed by Rosemary Siring. (Crispin, Craig) (Entered: 10/11/2013)
123Oct 11, 2013RequestSupplemental Proposed Jury Instructions Regarding Causation and Limiting Instruction. Filed by Rosemary Siring. (Russell, Shelley) (Entered: 10/11/2013)
124Oct 11, 2013RequestObjection to Trial Exhibit [Defendant's Memorandum re Objection to Proposed Exhibit 78]. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/11/2013)
125Oct 11, 2013RequestAmended Exhibit List Plaintiff's Second Amended. Filed by Rosemary Siring. (Attachments: # 1 Attachment Plaintiff's Second Amended Exhibit List) (Crispin, Craig) (Entered: 10/11/2013)
126Oct 11, 2013RequestProposed Jury Instructions [Defendant's Revised Proposed Jury Instructions Addressing Causation Standard]. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/11/2013)
127Oct 15, 2013ViewOpinion and Order - The Parties' motions in limine as discussed in their supplemental briefing are GRANTED IN PART and DENIED IN PART as set forth in this Opinion and Order. Signed on 10/15/2013 by Judge Michael H. Simon. (mja) (Entered: 10/15/2013)
128Oct 15, 2013RequestMINUTES of Jury Trial Day - 1: Voir dire conducted. 8 Jurors selected and sworn. Jury instructed and opening statements given. Court is in recess until 10/16/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Craig A. Crispin and Shelley D. Russell present as counsel for plaintiff(s). Cody J. Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/15/2013)
129Oct 16, 2013RequestMINUTES of Jury Trial - Day 2: Witnesses sworn and evidence adduced. Court is in recess until 10/17/2013 at 09:00AM in Portland Courtroom 13B before Judge Michael H. Simon. Craig A. Crispin and Shelly Russell present as counsel for plaintiff(s). Cody Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/17/2013)
130Oct 17, 2013RequestMINUTES of Jury Trial - Day 3: Witnesses sworn and evidence adduced. Defendant's oral motion for judgment as a matter of law re: ADEA claims and ADA claims is DENIED. Court is in recess until 10/18/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Craig A. Crispin and Shelly Russell present as counsel for plaintiff(s). Cody Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/17/2013)
131Oct 18, 2013RequestMINUTES of Jury Trial - Day 4: Witnesses sworn and evidence adduced. Court is in recess until 10/21/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Craig Crispin and Shelley D. Russell present as counsel for plaintiff(s). Cody Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/18/2013)
132Oct 21, 2013RequestDesignation of Deposition Testimony of Lee Ann McNerney as presented at trial. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/21/2013)
133Oct 21, 2013RequestDesignation of Deposition Testimony of Michael Jaeger as presented at trial. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/21/2013)
134Oct 21, 2013RequestDesignation of Deposition Testimony of Carol Lauritzen as presented at trial. Filed by Oregon State Board of Higher Education. (Porter, J.) (Entered: 10/21/2013)
135Oct 21, 2013RequestCourt's Instructions to the Jury. Signed 10/21/2013 by Judge Michael H. Simon. (mja) (Entered: 10/21/2013)
136Oct 21, 2013RequestMINUTES of Jury Trial Day 5: Closing arguments given. Order - 8 Juror lunches ordered from The Farmhouse Cafe. Jury deliberates and returns a verdict in favor of plaintiff. Jurors polled and released. See Clerk's List of Exhibits and Witnesses. Craig Crispin and Shelley D. Russell present as counsel for plaintiff(s). Cody J. Elliott and J. Michael Porter present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/21/2013)
137Oct 21, 2013RequestClerks List of Exhibits & Witnesses. (mja) (Entered: 10/21/2013)
138Oct 21, 2013ViewJury Verdict. (Redacted) (mja) (Main Document 138 replaced on 10/22/2013) (eo). (Entered: 10/21/2013)
140Oct 21, 2013RequestOrder for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Jury Verdict 138 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Redacted Jury Verdict replaced with a better redacted version. (mja) Modified on 10/23/2013 correct filed date (mja). (Entered: 10/22/2013)
141Oct 21, 2013RequestCourt Exhibits A, B & C (Jury Notes) Redacted. (mja) (Entered: 10/23/2013)
143Oct 29, 2013RequestOrder - Adopting the parties' stipulated proposed schedule as follows: Plaintiff's motion regarding determination of economic damages under the ADA claim, motion for reinstatement, and motion for injunctive relief are due by 11/1/2013. Defendant's response is due 11/8/2013. Plaintiff's reply is due by 11/15/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/29/2013)
144Oct 31, 2013RequestMotion for Order for Equitable Relief. Filed by Rosemary Siring. (Attachments: # 1 Exhibit A) (Crispin, Craig) (Entered: 10/31/2013)
145Nov 8, 2013RequestResponse Defendant's Response to Plaintiff's Motions for Equitable Relief to Motion for Order for Equitable Relief 144 Oral Argument requested. Filed by All Defendants. (Elliott, Cody) (Entered: 11/08/2013)
146Nov 8, 2013RequestDeclaration of Stephen Adkison . Filed by All Defendants. (Related document(s): Response to Motion 145 .) (Elliott, Cody) (Entered: 11/08/2013)
147Nov 14, 2013Request60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (mja) (Entered: 11/14/2013)

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