HomeMy WebLinkAboutLitigation Status Report 1st Qtr 2014
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 1
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
General
1/4-001 Garrick, Stephen
and Hendrickson,
Sheila
Tort Claim Injuries sustained on
COIC bus.
None stated Assigned: J Laherty.
Tort Claim Only.
CCIS has accepted
tender of defense.
None stated 4/3/13 Warren John West
Assessor
2/4-009 River's Edge v.
Assessor (TC-MD
090406D) Dept.
of Rev & DC
Assessor River’s
Edge (TC 4962)
on appeal to the
Reg Div.
Litigation Appeal of BOPTA
decision – 2008-2009
tax year
Real Property
Assessment
Assigned: L Craghead.
TRIAL: 03/11-3/13
Written closing
arguments submitted
1/31/14. Awaiting
judge’s decision.
2/4-041 River's Edge v.
Assessor – TC-
MD 100795D
Litigation Appeal of BOPTA
decision – 2009-2010
Tax year
Real Property
Assessment
Assigned: L Craghead.
In abeyance pending
2/4-009.
2/4-062 DC v. River's
Edge Investments
LLC v. Assessor
TC-MD 110365D
Litigation Appeal of BOPTA
decision – 2010-2011
tax year
Real Property
Assessment
Assigned: L Craghead.
In abeyance pending
2/4-009
Neil Bryant/Mark
Reinecke
2/4-129
River's Edge v.
Assessor
Case No. 120213D
Litigation Appeal of 2011
BOPTA decision
Real Property
Assessment
Assigned: L Craghead.
Abeyance pending
2/4-009
Jeremy
Green/Mark
Reinecke
2/4-175 River’s Edge v.
DC; TC-MD-
130113D
Litigation Appeal of property
taxes with Tax Court
Real Property
Assessment
Assigned: L Craghead.
In abeyance
pending2/4-009.
2/4-185 DC v. River’s
Edge Inv., Case
No. 140065D
Litigation Appeal of BOPTA
decision; 2013-2014
Tax Year
Real Property
Assessment
Assigned: L Craghead Neil Bryant
2/4-186
William Kuhn v.
DC Assessor, Case
No. 140067N
Litigation Appeal of BOPTA
decision; TY 2013-
2014; acct 163467
Real Property
Assessment
Assigned: L Craghead
Deadline for answer
4/11/14
2/4-187 William Kuhn v.
DC Assessor, Case
No. 140068N
Litigation Appeal of BOPTA
decision; TY 2013-
2014; acct 264943
Real Property
Assessment
Assigned: L Craghead
Deadline for answer
4/11/14
2/4-188 Sumner, Kimberly Unemployme
nt Benefits
Claimant is appealing
denial of
Unemployment
Benefits
Unemployment
Benefits.
Assigned: C Bell
Hearing scheduled for
4/10/14.
Pro Se
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 2
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Board of County Commissioners
Community Development
4/4-042 Leading Edge v.
Flight Shop; Case
No. 14CV0133
Litigation Private Right of
Action
Assigned: L Craghead.
4/5-038 Kathryn Phillips v.
DC
LUBA
Appeal
Appeal of DC
Adoption of
Newberry Country
Plan comprehensive
plan amendment
(Ord. 2013-007)
Assigned: L Craghead.
LUBA paid County
prevailing party fee of
$200. Check
deposited to CDD.
Pro se
4/5-039 Jerry Aplin v. DC LUBA
Appeal
Appeal of Farm Help
Dwellings approval
Assigned: L Craghead.
3/12/14 LUBA
affirmed replacement
and relative farm help
dwellings, remanded
farm help dwelling
Lisa Klemp
4/5-040 The Flight Shop v.
DC
LUBA
Appeal
Redmond Airport Assigned: L Craghead.
LUBA remanded on
1/10/14
Michael McGean
4/5-041 Curl v. DC, part I
2013-086
LUBA
Appeal
Appeal of LUCS for
Juniper Ridge
Hydroelectric Project
Assigned: L Craghead.
3/19/14 LUBA
affirmed.
Brue White
4/5-042 Curl v. DC, Part II
2013-095
LUBA
Appeal
Part II of the Appeal; Assigned: L Craghead.
Consolidated with 4/5-
041 by LUBA order
on 10/4/13
3/19/14 LUBA
remanded
Bruce White
4/5-043 PacifiCorp v. DC
2014-016
LUBA
Appeal
Assigned: L Craghead
Record submittal
extension granted by
LUBA 3/11/14.
Record due 4/8/14.
Record completed
3/21/14. Petitioner
requested delay in
submittal to 3/31/14.
County agreed.
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 3
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Clerk
Community Development– Code Enforcement
6/1-041 Swidrak, Johanna Code
Enforcement
Enforcement of
Hearings’ Office
Decision
None Assigned: J Laherty.
Complaint filed
8/21/12. Answer filed
9/6/12. Parties entered
into a Stipulated
General Judgment on
4/16/13. Compliance
with terms of General
Judgment will be
monitored by CDD.
Lawrence Erwin
6/1-049 Bauge, Brant A. Code
Enforcement
Prosecution of Code
Violations
Assigned: J Laherty.
Hearing held 7/30/13
before Karen Green.
Order entered
requiring code
compliance by June,
2014.
Pro Se
6/1-051 Aplin, Jerry Code
Enforcement
Claim of Code
Violations
Assigned: L Craghead.
In abeyance pending
LUBA appeal in 4/5-
039. No further action
requested of Legal yet.
Juvenile Justice Community
7/4-005 Grace, Jeffery
Joel
Litigation DAO served SDT on
Juvenile Department
for records privileged
under ORS.
Not Applicable Assigned: M Pilliod
and J Laherty.
Before SDT return
date DAO obtained an
Order compelling
production. Motion to
Reconsider filed. Hrg
held and Judge
vacated Order
compelling
production. DA has
not refiled Motion to
Compel or issued new
Subpoena.
Kandy Gies, DDA
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 4
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
District Attorney
8/4-007 Foster, Brentley;
Vaughan, Jody;
Duong, Phil
Lawsuit filed
in Federal
Court
Plaintiffs suing for
damages and
reinstatement.
Assigned: Outside
Counsel Peter
Mersereau.
Court granted
County’s Dismissal
10/25/11. Plaintiffs
settled their cases
against the DA and
have appealed the
County’s dismissal to
the 9th Circuit Court of
Appeals. Pending.
Parties currently
Briefing
8/4-014 Sweet, Sharon Federal
Lawsuit
42 USC 1983
Unlawful
Termination,
Whistleblowing,
Discrimination
Retaliation
Age & Gender
Discrimination
Wrongful Discharge,
Infliction of
Emotional Distress,
Interference with
Contractual Relations
$21,900,000.00 Assigned: Outside
Counsel. Peter
Mersereau Settlement
conference scheduled
for 1/13/14. Case
settled. Settlement
Documents executed.
Awaiting Court
dismissal.
Charese Rhony
8/4-015 Jenson, Nicole Federal
Lawsuit
Civil Rights
41 USC 1983;
Retaliation for
Whistleblowing;
Unlawful Practice;
Gender
Discrimination;
Familial Relationship
Discrimination;
None Stated Assigned: J Laherty.
Settlement Conference
held with U.S.
Magistrate Judge
Coffin. Case settled.
Settlement documents
executed. Court
issued Order and
Judgment dismissing
the case. File may be
closed.
Beth Creighton
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 5
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Health
9/4-004 Estate of Sharon
Lee Steinebach
Tort Claim Potential claim
against DC Medical
Examiner
None Stated Assigned: J Laherty.
Tort Claim only.
Legal
Mental Health
12/4-006 Blackwell, Noah Tort Claim Claimant injured at
Summer Blast
program.
Assigned: J Laherty.
Tort Claim Only.
7/21/11 Minor 9/23/11 Tim Williams
12/4-011 Meston, Tony Tort Claim HIPAA Breach None Stated Assigned: J Laherty.
Tort Claim only.
10/30/12 10/30/14 Undated Pro Se
12/4-015 Grunberg, Bradley Civil Rights
Complaint to
State HHS
Breach of HIPAA
privacy rules
None Stated Assigned J Laherty.
DHHS decision of
5/8/13. Resolved
through Voluntary
Compliance Action of
DCBH.
Joseph Smith
12/4-016 Grunberg, Bradley Tort Claim Breach of HIPAA
confidentiality.
8/9/13 Demand
for $45,000.00
Assigned J Laherty.
Tort Claim Only.
Received settlement
demand letter for
$45,000.00
7/16/12 7/16/14 1/9/13 Joseph Smith
Property Management
13/4-011 Renfro, Marian Writ of
Assistance
Removal of former
owner from property
after recording of Tax
Deed.
Assigned: L Craghead
Motion for Writ filed
2/19/14; judge signed
order 2/24/14, judge
delayed signing writ
pending declaration of
compliance with
PTFA; declaration
delay pending
investigation of
claimed disability.
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 6
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
13/4-012 Vulliet, Charles Writ of
Assistance
Removal of former
owner from property
after recording of Tax
Deed
Assigned: L Craghead
Motion for Writ was
to be filed in February
but delayed for
correspondence with
Mr. Vulliet.
Road
14/4-007 Hunt, Chelsea Personal
Injuries
Claimant claims
injury due to design
and maintenance
problems on Bend
Parkway at
Crosswalk.
Assigned: J Laherty.
Tort Claim Only.
Road Dept. has
compiled documents.
Tender of defense sent
to both ODOT and the
City of Bend.
10/9/10 Minor 1/6/11 Warren John West 1G11EP $500.00
14/4-015 Moffet, Steven Tort Claim
Notice
Wrongful
Termination in
Violation of ADA
None Stated Assigned: C Bell and J
Laherty.
Tort Claim Only.
Officially resigned.
4/23/13 4/22/15 5/9/13 Philip Emerson
14/4-016 Cahill, Jeff Litigation UPS charges for
purchase of tires on
online auction
$1,600.00 Assigned: J Laherty.
Letter sent to UPS
disputing charge.
Telephone call with
UPS representative on
10/4/13.
14/4-017 Carlsen, Thomas Tort Claim
Notice
Damage to Willow
Tree from Road
Dept.’s application of
herbicide.
$100,000.00 Assigned: J. Laherty. 6/1/13 5/31/15 9/30/13 Pro Se
14/4-018 Hodge
Construction
Litigation Unpermitted
excavation work on
Oriole Road.
Roadway work not
completed to County
specifications.
Assigned: M Pilliod
Follow up inquiry
with Code
Enforcement re
corrections 4-3-14.
14/4-019 Morrow, John
and Morrow,
Marise
Litigation Claimants’ allege
flooding on their
Sunriver property
None Stated Assigned: M Pilliod
Tort Claim Only.
Per MP and EK
County is not
involved, do nothing
further
2/2014 2/2016 2/14/2014 Michael J.
Martinis
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 7
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Sheriff’s Department
15/4-040 LaPine Towing Tort Claim Breach of Contract None Stated Assigned: J Laherty.
Tort Claim Only.
2/1/12 2/1/18 3/7/12 Michael H.
McGean
15/4-043 Rubio, Jorge &
Jade
Tort Claim Conversion of
Property
This file likely
involves
COLES/CODE.
None Stated Assigned: J Laherty.
Tort Claim Only. No
tender to Code/Coles
to date. SOL has
expired.
2/2/12 2/2/14 7/17/12 Larry Roloff
15/4-044 Fosnaugh, Curtis Tort Claim Conversion of
Property (Cattle)
This claim involved a
Sheriff’s Sale which
was stayed
None Stated Assigned: J Laherty.
Tort Claim Only
NA NA 6/26/12 Lawrence Erwin
15/4-045 Ash, Pilar Tort Claim Negligence, Breach
of Fiduciary Duty,
State and Federal
Civil Rights
Violations,
Intentional and
Reckless Infliction of
Emotional Distress.
None Stated Assigned: J Laherty.
Tort Claim.
See 15/4-049
2/22/12 2/22/14 8/12/12 Lafky & Lafky
15/4-046 Stringer, Daniel Tort Claim Claimant is claiming
injury in a
snowmobile accident
on road adjacent to
Cascade Lakes
Highway.
None Stated Assigned: J Laherty.
Tort Claim Only
3/24/12 3/24/14 8/20/12 Mathew D. Kaplan 1G11EQ
15/4-047 McBurnett,
Danielle
Tort Claim Claimant is claiming
injury in a
snowmobile accident
on road adjacent to
Cascade Lakes
Highway
None Stated Assigned: J Laherty.
Tort Claim Only
3/24/12 3/24/14 8/20/12 Mathew D. Kaplan
15/4-048 Samuels, Richard Tort Claim Claimant is claiming
violation of his civil
rights and false arrest
by the
COLES/CODE
teams.
$500,000.00 Assigned: J Laherty.
Tort Claim Only
County has tendered
defense to the insurer
of COLES should a
lawsuit be filed.
Preliminary
indications of
acceptance.
Foster Glass
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 8
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
See 15/4-051 for
lawsuit.
15/4-049 Ash, Pilar Federal
Lawsuit
filed.
Negligence, Breach
of Fiduciary Duty,
State and Federal
Civil Rights
Violations,
Intentional and
Reckless Infliction of
Emotional Distress.
None Stated Assigned: J Laherty.
Answer and
Affirmative Defenses
filed. . Discovery
completed. Hearing
on County’s Motion
for Summary
Judgment set for
4/14/14.
Lafky & Lafky
15/4-050 Davidson, Marti Tort Claim Arrested without
probable
cause/malicious
prosecution resulting
from dog torturing
charges.
None State Assigned: J Laherty.
Tort Claim Only
Arrested in
2010, and
acquitted
1/11/13.
Questionable 1/28/13 Mikel Miller
15/4-051 Samuels, Richard Federal
Lawsuit filed
Claimant is claiming
violation of his civil
rights and false arrest
by the
COLES/CODE
teams.
Economic, Non-
economic and
punitive damages.
Assigned: J Laherty.
COLES insurer
providing
defense/indemnity.
On March 11/2014,
US District Court
Judge McShane
granted
County/COLES
Motion to Dismiss.
Plaintiff filed a Notice
of Appeal to the 9th
Circuit Court of
Appeals.
15/4-052 Mudrick, Krista J. EEOC Claimant is claiming
discrimination
None Stated Assigned: C Bell.
EEOC Notice of
Charge received.
County filed response
to EEOC Charge and
Response to Request
for Information from
EEOC. On March 10,
2014, EEOC advised
that Claimant has
withdrawn her
charges.
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 9
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
15/4-053 Dozier, Ronny Tort Claim Claimant is claiming
medical expenses
improperly denied
$150,000.00, plus
interest and attys
fees
Assigned: C Bell.
Tort Claim Notice
Only. Case may be
resolved, although
some additional claims
may remain.
3/25/13 3/25/15 8/8/13 Nathan Steele
15/4-054 Mudrick, Krista Tort Claim Claimant is claiming
unlawful termination
None stated Assigned: C Bell.
Tort Claim Notice
Only
See 15/4-052 above.
3/21/13 3/21/15 9/17/13 Christopher Slater
15/4-055 Kipp, Thomas
Brian
Tort Claim Claimant is claiming
improper treatment
during arrest.
None stated Assigned: J Laherty.
Tort Claim Notice
Only.
6/25/13 6/24/15
15/4-056 Franson, James
Darrell
Tort Claim Claimant is claiming
Intentional Infliction
of Emotion Distress,
Defamation, Invasion
of Privacy, Misuse of
Legal Procedure,
Malicious
Prosecution, etc.
None stated Assigned: J Laherty.
Tort Claim Notice
Only
7/18/2013
and
continuing
7/17/2015 1/6/14 Michael G.
Romano
Adult Jail
15/5-028 Reynvaan, Wade Tort Claim Wrongful Diagnosis None stated Assigned: J Laherty.
Tort Claim Only.
See 15/5-037
11/5/10 11/5/12 2/23/11 Brian Gruetter 1G11EH $500.00
15/5-031 Cason, Michael Tort Claim Claimant says
excessive force was
used during detention
at DCAJ
None stated Assigned: J Laherty.
Tort Claim Only.
See 15/5-044 for
lawsuit details.
9/16/11 9/16/13 12/28/11 Mark Reliqueme
15/5-033 Hoyle, Casey
Michael
Tort Claim Claimant says his
diabetes was
improperly treated
while at the DCAJ
None Stated Assigned: J Laherty.
Tort Claim Only.
See 15/5-039 for
lawsuit.
3/12/12 to
5/15/12
5/16/14 7/6/12
&
8/30/12
Pro Se
15/5-034 Blasingame,
Jonathion
Tort Claim Claimant says his
family ring was lost
at the Jail.
$6,000 to $9,000 Assigned: J Laherty.
Tort Claim Only
4/19/12 to
4/24/12
4/24/14 8/14/12 Pro Se
15/5-036 Wilson, Scott
Robert
Tort Claim Failure to provide
proper medical
treatment while at
DCAJ
None Stated Assigned: J Laherty.
Tort Claim Only.
County received
information that
Federal lawsuit has
been filed. County
has not been served
with Summons and
2/26/12 to
2/29/12
3/1/14 8/23/12 Thomas Freedman,
Portland
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 10
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Complaint. No
litigation file opened
at this time.
15/5-037 Reynvaan, Wade State Lawsuit Failure to provide
medical treatment
resulting in stroke.
$10,400,000.00 Assigned: J Laherty.
Co Defendants are St.
Charles Medical
Center entities.
Deschutes County has
filed a Cross-Claim
against the St. Charles
Defendants.
Deschutes County has
filed a Third Party
Complaint against the
treating physician, Dr.
Rosenberg. Case
remanded to State
Court. Discovery
ongoing. Trial
scheduled for April
22, 2014 has been
postponed. Settlement
Conference scheduled
for 5/2/14. No new
trial date set.
Matthew Mohill
represents the
Plaintiff.
$100,000.00
15/5-039 Hoyle, Casey
Michael
Federal
Lawsuit
Denial of civil rights
regarding denial of
medication while at
Deschutes County
Jail
$200,000
compensatory;
$250,000 punitive
damages; $200.00
future damages
Assigned: J. Laherty.
Complaint filed
2/6/13. Motion for
Summary Judgment
Granted. File to be
closed.
Pro Se
15/5-041 Now, MacKenzie
Benton
Tort Claim Denied Medical
Treatment
$770,000.00 Assigned: J Laherty.
Tort claim only.
Jan to March,
2013
3/20/15 6/17/13 Pro Se
15/5-043 Now, MacKenzie
Benton
Tort Claim Plaintiff claims
mistreatment by Dr.
Knapp at the Jail
Medical Unit
None stated Assigned: J Laherty.
Tort Claim only.
7/24/13 7/23/15 10/10/13 Pro Se
15/5-044 Cason, Michael Federal
Lawsuit
Plaintiff claims civil
rights violations
under the 8th & 14th
Amendments
$1,850,000.00 Assigned: J Laherty.
Lawsuit served
10/29/13. Responsive
pleading filed. Case
scheduled for trial
10/28/14. Discovery
has begun.
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 11
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
15/5-045 Wright, Larry Tort Claim
against
DCAJ
Complainant states
there are health
violations related to
the kitchen and
kitchen staff.
None stated Assigned: J Laherty.
Tort Claim Only
7/27/12 and
continuing
Continuing 11/19/13 Pro Se
15/5-046 Fussell, Michael Tort Claim Claimant states he
was assigned top
bunk and fell off
breaking his jaw.
None Stated Assigned: J Laherty.
Tort Claim Only
12/2013 12/2015 2/12/14 Matthew Mohill
15/5-047 Strahan, Richard Demand
Received
City of Bend has
demanded payment
for ambulance
services on 11/26/12.
Advised that County
is not legally
responsible.
$351.25 Assigned: C. Bell
Solid Waste
17-924 DEQ Permit
Violation
Cleanup of alleged
leachate problems at
Southwest landfill.
N/A Assigned: M Pilliod.
Project transferred
from solid waste
division to clean-up
division. Ongoing
monitoring being
conducted.
N/A N/A N/A DOJ
Tax/ Treasurer
18/4-042 Voelker, Vincent
& Francisca vs
The Bank of New
York Mellon
Litigation Collection of Unpaid
Taxes
Assigned: J Laherty.
Title 6. Challenges
imposition of back
taxes on mortgage
bank. County has
informed title
company that it will
not reverse decision to
impose the back taxes.
18/4-046 State v. MKG
Metcalfe; DC
Circuit Court
12CV1347
Litigation Eminent Domain Assigned: L Craghead.
Case on hold while
details of Eminent
Domain paperwork
worked out; possible
dismissal of DC
18/4-048 State v. Tore 93, et
al.; DC Circuit
Court 12CV1281
Litigation Eminent Domain Assigned: L Craghead.
County intervened
2/13. Awaiting final
disposition.
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 12
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
18/4-049 JPMorgan v.
Gross; DC Circuit
Court 13CV0136
Litigation Deed of Trust
Foreclosure
Assigned: L Craghead
Signed Stipulation &
Order on 09/12/13,
Awaiting final
disposition
18/4-054 Wells Fargo v.
Harpole;
12CV0557
Litigation DOT Foreclosure Assigned: L Craghead.
DC filed Answer
081613, Dismissed for
want of prosecution
18/4-056 US v. Smith Litigation Reduce Federal
Taxes Assessment to
Judgment;
Foreclosure Tax
Liens on Property
Assigned: L Craghead.
Discussions w/ IRS
AG re: stipulation for
DC to be paid from
sale proceeds; FRCP
55 ltr sent 11/20/13
asking no default
without 10-day notice.
12/6/13 rec’d notice of
bankruptcy filing by
Barbara Smith.
Nothing further since
then.
Quinn Harrington,
US DOJ
18/4-057 C & K Market,
Inc.
Litigation Bankruptcy Assigned: L Craghead.
Discussions with
Debtor representative
re: payment of
personal and real
property taxes for
stores that were closed
18/4-058 ODOT v.
Schuster;
14CV0037
Litigation Eminent Domain Assigned: L Craghead
Answer re: County
taxes filed 2/2714
18/4-059 Altrec, Inc. Litigation Bankruptcy Assigned: L Craghead
Discussions with
Debtor representative
re: payment of
personal and real
property taxes
18/4-060 Crossroad Station,
LLC
Litigation Bankruptcy Ch 11,
14-30557-elp11
Assigned: L Craghead
Discussions with
Debtor representative
re: payment of
personal and real
property taxes
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 13
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
18/4-061 State-DOT v. Tore
93, LLC
Litigation 14CV0046/Eminent
Domain
Assigned: L Craghead
Motion to Intervene
filed 3/21/14
18/4-062 JP Morgan v.
David Vaughan
Litigation 14CV0120FC – Deed
of Trust
Foreclosure/Property
Taxes
Assigned: L Craghead
Complaint served
3/10/14.
18/5-008 DC v. RTT (Rocky
Mountain
Products);
13CV0596
Litigation Collection of taxes
owed
Assigned: J. Laherty
& L. Craghead.
There are 14
defendants. Orders of
Default taken on 8
defendants. 4
defendants dismissed.
2 defendants remain.
Settlement Agreement
executed between the
County and CWB,
whereby Defendant
CWB will conduct
auction and pay lien
from proceeds.
18/5-009 DC v. various
property owners
Litigation 2013 Tax Foreclosure Assigned: L Craghead.
Motion for Amended
Gen Judgment filed
12/12/13. Signed by
Judge Forte but court
staff hasn’t entered
judgment. Working
with court staff.
Finance
Parole and Probation
9-1-1
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 14
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
IT (Information Technology)
25/4-001 TFT-LCD
Antitrust
Litigation
Class Action Subpoena Duces
Tecum issued to State
of Oregon and
Counties regarding
LCD flat panel screen
purchases.
None Stated Assigned: M. Pilliod.
State of Oregon is
representing all public
entities in quashing or
narrowing the SDT
issued.
Jessica Leal (CA)
Personnel
26/4-003 Reed, Bryan C BOLI
Complaint
Claimant claims that
he has been
discriminated from
employment with DC
based on his
Veteran’s and
Disability status
None Stated Assigned: C Bell.
Response to BOLI
Complaint filed.
Response to RFI
pending. BOLI
dismissed claim on
1/31/14, as did the
EEOC.
Misc Pro Se
Risk Management
27/4-002 Aguirre, Vera Tort Claim Claimant claims
personal injuries in a
trip and fall accident
on Wall Street and
Portland.
None Stated Assigned: J. Laherty.
This claim was
erroneously presented
to the County. The
street in question is the
responsibility of the
City of Bend.
5/25/13 5/24/15 8/19/13 Arne Cherkoss
27/4-003 Kimler, Ashley Tort Claim Claimant claims
violation of civil
rights, false arrest,
negligent false arrest,
defamation, battery
and invasion of
privacy
None Stated Assigned: J Laherty.
County is not involved
claims. City of Bend,
Lincoln County
Sheriff, and DC
District Attorney are
the parties against
whom Claimant has
claims. Litigation
holds (Lincoln
County, DA, City of
Bend) and request for
indemnity and defense
(State of Oregon) sent.
3/30/13 3/30/15 9/19/13 Daniel Snyder
27/4-004 Keller, Tippi Tort Claim Claimant alleges
injury as a result of a
trip and fall on
Glacier and 8th Street
in Redmond.
None Stated Assigned: J Laherty.
A precautionary
litigation hold letter
was sent to the City of
Redmond.
7/6/13 7/6/15 11/19/13 Pro Se
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 15
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Fair and Expo
28/4-007 Myrha, Aaron Tort Claim Damages resulting
from shutting down
the Run to the
Cascades Motorcycle
Rally
$500,000.00 Assigned: J Laherty.
Tort Claim Only
9/8/12 9/8/14 2/27/13 Leonard Berman
28/4-008 Ganslein, Dave
and 72 Class
Members
Tort Claim Damages resulting
from shutting down
the Run to the
Cascades Motorcycle
Rally
None stated Assigned: J Laherty.
Tort Claim Only
9/8/12 9/8/14 2/27/13 Leonard Berman
28/4-009 Gardner, John
and 42 Class
Members
Tort Claim Damages resulting
from shutting down
the rally Run to the
Cascades
None stated Assigned: J Laherty.
Tort Claim Only
9/8/12 9/8/14 2/27/13 Leonard Berman
Black Butte Ranch
Animal Control
29/4-001 Animal Control
Board
Litigation Collection of Dog
Board Fines
Demand letters sent.
$700.00 received.
Small Claims lawsuits
will be filed.
Justice Court
Sunriver Service District
33/4-001 Kennedy,
Michael
Tort Claim Unlawful
Termination
None Stated Assigned: J Laherty.
See 33/4-002
2/16/12 2/16/14 5/30/12 Sarah Foreman
33/4-002 Kennedy,
Michael
Lawsuit filed
in U.S.
District
Court
Unlawful
Termination;
Whistleblowing
None Stated Assigned: J Laherty.
County’s Motion to
Dismiss County
Granted. No appeal
filed. Case against
Sunriver SD pending.
Motion for Summary
Judgment filed by
Roxanne Farra
Litigation Status Report 1st Quarter 2014 – Ending 3/31/14 Page 16
File # Case Name/
Court Case No.
Case Type Description Claimed
Damages
Status DOI SOL Tort Claim
Notice Rec'd
Opposing
Attorney
Risk Mgt.
Claim No
Reserves
Peter Mersereau on
behalf of SRSD.
33/4-003 Moore, Paul Tort Claim Property owner from
Sunriver advising
various entities
including DC
regarding flooding on
his property.
None Stated. Assigned: M Pilliod
Tort Claim Only
County not involved
in this matter. File
will be maintained as a
placeholder.
Feb. 2014 Feb. 2016 3/18/2014 Montgomery W.
Cobb, LLC