Case details

Court: ord
Docket #: 3:12-cv-00071
Case Name: Prison Legal News v. Columbia County et al
PACER case #: 105732
Date filed: 2012-01-13
Assigned to: Judge Michael H. Simon
Case Cause: 28:1983 Civil Rights
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Prison Legal News
Plaintiff
a project of the Human Rights Defense Center
Alissa R. Hull
Human Rights Defense Center P.O. Box 2420 West Brattleboro, TX 05303 802-579-1309 Fax: 866-228-1681 Email: ahull@humanrightsdefensecenter.org
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jesse A. Wing
MacDonald, Hoague & Bayless 1500 Hoge Building 705 Second Avenue Seattle, WA 98104 206-622-1604 Fax: 206-343-3961 Email: JesseW@mhb.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Katherine C. Chamberlain
MacDonald Hoague & Bayless 705 Second Ave. Suite 1500 Seattle, WA 98104-1745 206-622-1604 Fax: 206-343-3961 Email: katherinec@mhb.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lance Weber
Human Rights Defense Center 1037 Western Avenue Second Floor Brattleboro, VT 05301 802-257-1342 Fax: 866-228-1681 Email: lweber@humanrightsdefensecenter.org
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Marc D. Blackman
Ransom Blackman, LLP 1001 SW Fifth Avenue Suite 1400 Portland, OR 97204 (503) 228-0487 Fax: (503) 227-5984 Email: marc@ransomblackman.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Columbia County
Defendant
Steven A. Kraemer
Hart Wagner, LLP 1000 SW Broadway 20th Floor Portland, OR 97205 (503) 222-4499 Fax: (503) 222-2301 Email: sak@hartwagner.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory R. Roberson
Hart Wagner, LLP 1000 SW Broadway 20th Floor Portland, OR 97205 (503) 222-4499 Fax: (503) 222-2301 Email: grr@hartwagner.com
ATTORNEY TO BE NOTICED

Columbia County Sheriff's Office
Defendant
Steven A. Kraemer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory R. Roberson
(See above for address)
ATTORNEY TO BE NOTICED

Sheriff Jeff Dickerson
Defendant
individually and in his capacity as Columbia County Sheriff
Steven A. Kraemer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory R. Roberson
(See above for address)
ATTORNEY TO BE NOTICED

Partnership for Safety and Justice
Amicus
Lynn S. Walsh
209 S.W. Oak Street Ste 400 Portland, OR 97204 (503)790-2772 Fax: (503)227-6840 Email: walsh@europa.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-01-13 1 0 Complaint. Filing Fee in amount of $350 collected. Receipt No. 44935. Summons issued as to all defendants. Jury Trial Requested: yes.Filed by Prison Legal News against All Defendants. (Attachments: # 1 Civil Cover Sheet) (tll) (Entered: 01/18/2012)
2012-01-13 2 0 Summons Issued as to All Defendants (tll) (Entered: 01/18/2012)
2012-01-18 3 0 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Michael H. Simon. Discovery is to be completed by 5/17/2012. Joint Alternate Dispute Resolution Report is due by 6/18/2012. Pretrial Order is due by 6/18/2012. Ordered by Judge Michael H. Simon. (tll) (Entered: 01/18/2012)
2012-01-27 4 0 Order Granting Application for Special Admission Pro Hac Vice of Lance Weber for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45117 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)
2012-01-27 5 0 Order Granting Application for Special Admission Pro Hac Vice of Jesse Wing for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45118 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)
2012-01-30 6 0 Notice of Appearance of Gregory R. Roberson appearing on behalf of All Defendants Filed by on behalf of All Defendants (Roberson, Gregory) (Entered: 01/30/2012)
2012-01-31 7 0 Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 8 0 Declaration of Paul Wright . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-P, # 3 Exhibit Q-X, # 4 Exhibit Y-JJ, # 5 Exhibit KK-YY, # 6 Exhibit ZZ-HHH, # 7 Exhibit III-KKK, # 8 Exhibit LLL-Part 1, # 9 Exhibit LLL-Part 2, # 10 Exhibit MMM-RRR) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 9 0 Declaration of Katherine Chamberlain . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-12, # 3 Exhibit 13, # 4 Exhibit 14-22) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 10 0 Declaration of Lucy Lennox . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit I-V, # 2 Exhibit VI-X, # 3 Exhibit XI-XV) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 11 0 Declaration of Troy McCarter . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 12 0 Declaration of Rusty D. Campo . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-C) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 13 0 Declaration of Martin Kay . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 14 0 Declaration of Ezra St. Helen . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-01-31 15 0 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 01/31/2012)
2012-02-01 16 0 Affidavit of Service of Complaint 1 upon Columbia County served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)
2012-02-01 17 0 Affidavit of Service of Complaint 1 upon Jeff Dickerson served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)
2012-02-01 18 0 Affidavit of Service of Complaint 1 upon Columbia County Sheriff's Office served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)
2012-02-10 19 0 Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)
2012-02-10 20 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Roberson, Gregory) (Entered: 02/10/2012)
2012-02-10 21 0 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)
2012-02-10 22 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 21 .) (Roberson, Gregory) (Entered: 02/10/2012)
2012-02-13 23 0 ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Preliminary Injunction 21 Response is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/13/2012)
2012-02-14 24 0 ORDER - Granting Defendants' Motion for Extension of Time to Answer 19 . Answer is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/14/2012)
2012-02-16 25 0 Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Kraemer, Steven) (Entered: 02/16/2012)
2012-02-16 26 0 Second Motion for Extension of Time to File a Response/Reply Unopposed to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/16/2012)
2012-02-16 27 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 26 .) (Roberson, Gregory) (Entered: 02/16/2012)
2012-02-16 28 0 ORDER - Granting Defendants' Motion for Extension of Time to File Response Motion for Preliminary Injunction 26 . Response is due by 2/21/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/16/2012)
2012-02-21 29 0 Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Preliminary Injunction 7 .) (Kraemer, Steven) (Entered: 02/21/2012)
2012-02-21 30 0 Declaration of Bryan Cutright In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Kraemer, Steven) (Entered: 02/21/2012)
2012-02-21 31 0 Declaration of Gregory R. Roberson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kraemer, Steven) (Entered: 02/21/2012)
2012-02-21 32 0 Declaration of Jeffrey M. Dickerson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Kraemer, Steven) (Entered: 02/21/2012)
2012-02-22 33 0 Order - Setting a Telephone Rule 16 Conference to discuss the pending motion and a case schedule for 3/8/2012 at 09:30AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/22/2012)
2012-03-06 34 0 Declaration of Lucy Lennox. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 35 0 Declaration of Shaughnessy Williams. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 36 0 Declaration of Bradley Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 37 0 Declaration of Sharon R. Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 38 0 Declaration of Nataliya Mikhaylova. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 39 0 Declaration of John Weisenberger. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 40 0 Declaration of Oana Popa. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 41 0 Motion to Appear as Amicus Curiae . Filed by Partnership for Safety and Justice. (Walsh, Lynn) (Entered: 03/06/2012) 2012-08-29 20:51:20 c3b9fa0f21663f28c091878e87be21aec5971a43
2012-03-06 42 0 Memorandum in Support . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/06/2012)
2012-03-06 43 0 ORDER - Granting Partnership for Safety and Justice's Motion to Appear as Amicus Curiae 41 . The Court will discuss a case schedule at the Telephone Rule 16 Conference set for 3/8/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/06/2012)
2012-03-06 44 0 Second Declaration of Paul Wright. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-13) (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-06 45 0 Declaration of Jesse Wing. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9) (Wing, Jesse) (Entered: 03/06/2012)
2012-03-06 46 0 Reply to Motion for Preliminary Injunction 7 Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 03/06/2012)
2012-03-07 47 0 Amicus Brief . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/07/2012)
2012-03-08 48 0 MINUTES of Telephone Conference: Order - Setting a case schedule as follows: Setting a further Status Conference for 3/15/2012 at 09:30AM. The Court will initiate the call to the parties. Defendants' response to Partnership for Safety and Justice's Amicus Brief 47 is due by 3/22/2012. Setting a Hearing on Plaintiff's Motion for Preliminary Injunction 7 for 4/4/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chmaberlain and Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/08/2012)
2012-03-15 49 0 MINUTES of Telephone Conference: Status of case discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/15/2012)
2012-03-22 50 0 Response to Amicus Curiae Brief of the Partnership for Safety and Justice . Filed by All Defendants. (Related document(s): Motion to appear as amicus curiae 41 .) (Kraemer, Steven) Modified text on 3/23/2012 (sss). (Entered: 03/22/2012)
2012-03-28 51 0 Order - At the parties' request, the Court is setting a Telephone Conference for 3/29/2012 at 11:00AM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/28/2012)
2012-03-29 52 0 MINUTES of Telephone Conference: Discovery discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Gergory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/29/2012)
2012-03-30 53 0 Declaration of Patricia Mendoza . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/30/2012)
2012-04-04 54 0 MINUTES of Oral Argument Hearing: Order - Plaintiff's Motion for Preliminary Injunction 7 is taken under advisement as of 4/4/2012. The deadline for the close of discovery is 8/16/2012. Dispositive Motions are due by 9/13/2012. Setting a Telephone Status Conference for 7/6/2012 at 9:30AM. The Court will initiate the call to the parties. MarC D. Blackman, Katherine C. Chamberlain, and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/04/2012)
2012-04-24 55 0 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on April 4, 2012 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 5/4/2012. Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012. (Apodaca, Dennis) (Entered: 04/24/2012)
2012-04-24 56 0 Order - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 4/26/2012 at 03:15PM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/24/2012)
2012-04-26 57 0 MINUTES of Telephone Conference: Status of case discussed as stated on the record. Order - Setting a further Telephone Status Conference for 4/27/2012 at 11:00AM. The Court will initiate the call to the parties. Marc Blackman and Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/26/2012)
2012-04-27 58 0 Order - At the parties' request, the Court is resetting the Telephone Conference from 4/27/2012 to 4/30/2012 at 11:00AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/27/2012)
2012-04-30 59 0 MINUTES of Telephone Conference: Order - Discovery matter discussed as stated on the record. Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/30/2012)
2012-04-30 60 0 Order Approving Parameters of Rule 30(b)(6) Depositions and Rule 34 Inspection of Mail Processing, Jail Premises and Documents. Signed on 4/30/12 by Judge Michael H. Simon. (mja) (Entered: 04/30/2012)
2012-05-29 61 0 Motion to Compel Production of Documents. Oral Argument requested. Filed by Columbia County Sheriff's Office. (Roberson, Gregory) (Entered: 05/29/2012)
2012-05-29 62 0 Memorandum in Support . Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Roberson, Gregory) (Entered: 05/29/2012)
2012-05-29 63 0 Declaration of Gregory R. Roberson In Support. Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Roberson, Gregory) (Entered: 05/29/2012)
2012-05-29 64 0 Opinion and Order - Plaintiff's motion for a preliminary injunction, Dkt. 7 , is GRANTED IN PART AND DENIED IN PART. Pending final resolution of this litigation, the court ORDERS that not later than 30 days from the date of this Order, Defendants must refrain from restricting all incoming and outgoing inmate personal mail to postcards only and shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. Signed on 5/29/12 by Judge Michael H. Simon. (mja) (Entered: 05/29/2012) 2012-06-13 12:45:50 cb2709ef90c21fd0446e9c19c7b9adc6cf3102dd
2012-06-08 65 0 Motion to Amend/Correct Answer. Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 06/08/2012)
2012-06-08 66 0 Memorandum in Support . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Roberson, Gregory) (Entered: 06/08/2012)
2012-06-08 67 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Roberson, Gregory) (Entered: 06/08/2012)
2012-06-12 68 0 Response of PLN to Motion to Compel Production of Documents 61 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/12/2012)
2012-06-12 69 0 Declaration of Jesse Wing In Support of PLN's Opposition. Filed by Prison Legal News. (Related document(s): Motion to compel 61 .) (Wing, Jesse) (Entered: 06/12/2012)
2012-06-15 70 0 Motion to Amend/Correct Opinion,, 64 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 06/15/2012)
2012-06-15 71 0 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)
2012-06-15 72 0 Declaration of Katherine C. Chamberlain . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)
2012-06-19 73 0 OPINION and ORDER - Defendants' Motion to Compel 61 is DENIED. Signed on 6/19/12 by Judge Michael H. Simon. (mja) (Entered: 06/19/2012)
2012-06-22 74 0 Response in Opposition to Motion to Amend/Correct Answer 65 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/22/2012)
2012-06-22 75 0 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Response in Opposition to Motion 74 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Wing, Jesse) (Entered: 06/22/2012)
2012-07-02 76 0 Response in Opposition to Motion to Amend/Correct Opinion,, 64 70 . Filed by All Defendants. (Roberson, Gregory) (Entered: 07/02/2012)
2012-07-02 77 0 Declaration of Gregory R. Roberson In Support of. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 76 .) (Attachments: # 1 Exhibit A) (Roberson, Gregory) (Entered: 07/02/2012)
2012-07-06 78 0 MINUTES of Telephone Conference: Order - Defendants' Motion to Amend Answer 65 is GRANTED. Plaintiff's Motion to Amend Opinion 70 is DENIED. Setting a Pretrial Conference for 1/28/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Setting a 7-Day Jury Trial for 2/5/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2012)
2012-07-06 79 0 Trial Management Order. Signed on 7/6/12 by Judge Michael H. Simon. (mja) (Entered: 07/06/2012)
2012-07-30 80 0 Amended Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Roberson, Gregory) (Entered: 07/30/2012)
2012-08-15 81 0 Joint Motion for Extension of Time to Complete Discovery. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 08/15/2012)
2012-08-15 82 0 Joint Memorandum in Support of Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)
2012-08-15 83 0 Declaration of Katherine C. Chamberlain In Support of Joint Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)
2012-08-16 84 0 ORDER - Granting the parties' Joint Motion to Extend Discovery Deadline 81 . Discovery is to be completed by 8/31/2012. Plaintiff's Response to Defendants' Interrogatory No. 23 and Request for Production No. 28 are due by 8/31/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/16/2012)
2012-09-13 85 0 Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 86 0 Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 87 0 Declaration of Katherine C. Chamberlain in Support of Plaintiff's Motions for Summary Judgment. Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 , Motion for Summary Judgment 86 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 88 0 Exhibits 11 - 20 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 89 0 Exhibits 21 - 35 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 90 0 Exhibits 36-50 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10 Exhibit 46, # 11 Exhibit 47, # 12 Exhibit 48, # 13 Exhibit 49, # 14 Exhibit 50) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 91 0 Exhibits 51-62 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 52, # 2 Exhibit 53, # 3 Exhibit 54, # 4 Exhibit 55, # 5 Exhibit 56, # 6 Exhibit 57, # 7 Exhibit 58, # 8 Exhibit 59, # 9 Exhibit 60, # 10 Exhibit 61, # 11 Exhibit 62) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 92 0 Exhibits 63 - 69 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 64, # 2 Exhibit 65, # 3 Exhibit 66, # 4 Exhibit 67, # 5 Exhibit 68, # 6 Exhibit 69) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 93 0 Exhibits 70-73 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 71, # 2 Exhibit 72, # 3 Exhibit 73) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 94 0 Exhibits 74 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 95 0 Exhibits 75 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 96 0 Exhibits 76 (parts 1 and 2) re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 76 (part 2)) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 97 0 Second Declaration of Bradley Berg . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 98 0 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 99 0 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 , Motion for Summary Judgment 86 .) (Attachments: # 1 Exhibit I, # 2 Exhibit II, # 3 Exhibit III, # 4 Exhibit IV, # 5 Exhibit V) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 100 0 Exhibits VI - X re Declaration, 99 . Filed by Prison Legal News. (Attachments: # 1 Exhibit VII, # 2 Exhibit VIII, # 3 Exhibit IX, # 4 Exhibit X) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-13 101 0 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 86 .) (Chamberlain, Katherine) (Entered: 09/13/2012)
2012-09-27 102 0 Order - Setting Oral Argument on the pending Motions for Summary Judgment 85 & 86 for 11/16/2012 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) Modified on 9/28/2012 to correct the date for the hearing to November (mja). (Entered: 09/27/2012)
2012-10-03 103 0 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief 85 . Filed by All Defendants. (Roberson, Gregory) (Entered: 10/03/2012)
2012-10-03 104 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 103 .) (Roberson, Gregory) (Entered: 10/03/2012)
2012-10-03 105 0 ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Partial Summary Judgment 103 Response is due by 10/16/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/03/2012)
2012-10-09 106 0 Response to Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense 86 Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 10/09/2012)
2012-10-09 107 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Response to Motion 106 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Roberson, Gregory) (Entered: 10/09/2012)
2012-10-10 108 0 Motion for Extension of Time to File Reply in Support of Motion for Partial Summary Judgment re Declaratory and Injunctive Relief. Filed by Prison Legal News. (Wing, Jesse) (Entered: 10/10/2012)
2012-10-10 109 0 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 , Motion for Extension of Time 108 .) (Wing, Jesse) (Entered: 10/10/2012)
2012-10-11 110 0 ORDER - Granting Plaintiff's Motion for Extension of Time to File Reply in Support of Motion for Partial Summary Judgment re Declaratory and Injunctive Relief 108 . Reply due by 11/2/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/11/2012)
2012-10-15 111 0 Unopposed Motion to File Excess Pages . Filed by All Defendants. (Roberson, Gregory) (Entered: 10/15/2012)
2012-10-15 112 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to File Excess Pages 111 .) (Roberson, Gregory) (Entered: 10/15/2012)
2012-10-16 113 0 ORDER - Granting Defendants' Motion to File Excess Pages 111 up to and including 43 pages. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/16/2012)
2012-10-16 114 0 Response to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief 85 Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 10/16/2012)
2012-10-16 115 0 Declaration of Gregory R. Roberson . (Related document(s): Response to Motion 114 ) Filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Roberson, Gregory) Modified on 10/16/2012 to add related document information(ecp). (Entered: 10/16/2012)
2012-10-16 116 0 Declaration of Jeffrey M. Dickerson . Filed by All Defendants. (Related document(s): Response to Motion 114 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Roberson, Gregory) (Entered: 10/16/2012)
2012-10-23 117 0 Reply to Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense 86 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 10/23/2012)
2012-10-23 118 0 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 86 .) (Wing, Jesse) (Entered: 10/23/2012)
2012-11-02 119 0 Reply to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief 85 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 11/02/2012)
2012-11-02 120 0 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Wing, Jesse) (Entered: 11/02/2012)
2012-11-09 121 0 Sur-Reply Memorandum in Opposition to Plaintiff's Motions to Strike Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 11/09/2012)
2012-11-09 122 0 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Sur-Reply to Motion 121 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Roberson, Gregory) (Entered: 11/09/2012)
2012-11-09 123 0 Declaration of Jim Carpenter . Filed by All Defendants. (Related document(s): Sur-Reply to Motion 121 .) (Attachments: # 1 Exhibit A) (Roberson, Gregory) (Entered: 11/09/2012)
2012-11-15 124 0 Motion for Leave to Appear Pro Hac Vice for Attorney Alissa Hull . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3099430. Filed by Prison Legal News. (Weber, Lance) (Entered: 11/15/2012)
2012-11-16 125 0 MINUTES of Motion Hearing: Order - Plaintiff's Motions for Partial Summary Judgment 85 & 86 are DENIED for the reasons stated on the record. Plaintiff's motion to Strike defendants' evidence is GRANTED in PART and DENIED in PART for the reasons stated on the record. Katherine C. Chamberlain, Jesse A. Wing and Alissa Hull present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. Modified on 11/16/2012 (mja). (Entered: 11/16/2012)
2012-11-26 126 0 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on November 16, 2012 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 12/6/2012. Redaction Request due 12/20/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Apodaca, Dennis) (Entered: 11/26/2012)
2012-11-27 127 0 Order Granting Application for Special Admission Pro Hac Vice of Alissa R. Hull for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 0979-3099430 issued. Signed on 11/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 11/29/2012)
2013-04-25 214 0 Findings of Fact and Conclusions of Law. Order - The Court will issue a separate Order that PERMANENTLY ENJOINS Defendants from restricting all incoming and outgoing inmate personal mail to postcards only. The Order will provide that Defendants shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. In the Order, the Court will also DECLARE that inmates have a First Amendment right to receive magazines and that it would be unconstitutional for Defendants to refuse to deliver magazines to inmates solely because they are magazines. The Court will also DECLARE that inmates and their unincarcerated correspondents have a Fourteenth Amendment right to procedural due process when Defendants r eject their mail and that, at a minimum: (1) an inmate must be notified when Defendants reject correspondence written by or addressed to the inmate; (2) senders of rejected correspondence must be given a reasonable opportunity to appeal the rejection ; and (3) appeals must be referred to a prison official other than the person who originally rejected the correspondence. Within 28 days from the date of these Findings of Fact and Conclusions of Law, the parties shall inform the Court whether there is any need for the Court to proceed further with regard to Plaintiff's claim for money damages. If there is no such need, the parties shall submit to the Court by that deadline, either jointly or separately, a proposed form of Final Judgment that contains proposed permanent injunctive and declaratory relief consistent with these Findings and Conclusions. Signed on 4/24/2013 by Judge Michael H. Simon. (mja) 2013-04-25 08:40:22 9ea119bf2bfc7547d32239dfce06001d09ec15aa