HomeMy WebLinkAboutLitigation StatusReport 3rd Qtr 2013 (2)
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
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
Awaiting trial
transcript so that briefs
can be written and
submitted
2/4-020 Assessor v.
Deschutes Landing
#100569C
Litigation Deschutes County
Assessor appeal of
BOPTA decision re:
subject matter
jurisdiction
Real Property
Assessment
Assigned: L Craghead.
Stipulated Voluntary
Dismissal 07/13
2/4-031 Deschutes Landing
v. Assessor
#100539C
Litigation Appeal of BOPTA
decision – 2099-2010
tax year
Real Property
Assessment
Assigned: L Craghead.
Stipulated Judgment
07/13
2/4-041 River's Edge v.
Assessor – TC-
MD 100795D
Litigation
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
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.
DC filed Answer. In
abeyance pending
outcome of TC-RD-
4962.
2/4-184 Montgomery v.
DC; TC-MD-
130101N
Litigation Appeal of Property
taxes with Tax Court
Real Property
Assessment
Assigned: L Craghead.
Judgment of Dismissal
signed on 07/31/13
Board of County Commissioners
Community Development
4/4-032 Johnson, John Writ of
Review
Petitioner is disputing
a vesting
determination by the
hearings officer for
Phases 2, 3, 4 of his
subdivision.
No monetary
claim at this time
Assigned: M Pilliod.
Court of Appeals
remanded case to
County. Plaintiff’s
Attorney has
withdrawn from case.
County has submitted
Court decision to
hearing officer and
requested
reconsideration.
Ed Fitch
4/4-040 Pronghorn
Investors
Pronghorn Villa
Partners
Pronghorn
Development,
LLC
Default of
Improvement
Agreement
The Pronghorn Group
breached the initial
Improvement
Agreement.
N/A Assigned: M Pilliod/L
Craghead.
This matter is resolved
as part of the Casilli
Lawsuit. See 4/4-
041.
4/4-041 Casilli Trust State Court
Litigation
Claim for Injunctive
Relief, Declaratory
Judgment, Breach of
Contract, Equitable
Subrogation, Unjust
Enrichment and
Constitutional
Violations
Plaintiff seeking
return of funds
deposited to
guarantee
construction of
overnight lodging
Assigned: M Pilliod
and J Laherty.
Global settlement
reached with new
resort owners. Casilli
Trust case dismissed.
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.
DC preparing Record;
Record submitted to
LUBA on 09/06/13,
Petitioner’s brief due
9/30/13, County’s
Pro se
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
brief due 10/21/13
4/5-039 Jerry Aplin v. DC LUBA
Appeal
Appeal of Farm Help
Dwellings approval
Assigned: L Craghead.
DC preparing Record;
Record submitted to
LUBA on 08/21/13;
Petitioner’s brief due
9/13/13; Respondents’
brief due 10/4/13
Lisa Klemp
4/5-040 The Flight Shop v.
DC
LUBA
Appeal
Redmond Airport Assigned: L Craghead.
DC preparing Record;
Michael McGean
4/5-041 Curl v. DC LUBA
Appeal
Assigned: L Craghead.
DC preparing Record
Brue White
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
entered 4/16/13.
Compliance with
terms of General
Judgment will be
monitored.
Lawrence Erwin
6/1-043 Jahn, M. Scott Code
Enforcement
Prosecution of Code
Violations
Assigned: J Laherty.
Conviction entered
4/5/13.
Civil Injunction action
filed. Order entered
requiring code
compliance by
10/10/13.
Bruce White
6/1-042 Kuhn, William Code
Enforcement
Complaints filed
against neighbors
None stated Assigned: L Craghead
and J Laherty.
CDD issued report on
findings. No further
Pro Se
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
action taken.
6/1-047 Hargrave, Donald Code
Enforcement
Prosecution of Code
Violations
Assigned: J Laherty.
Voluntary Compliance
Agreement executed.
Pro Se
6/1-049 Bauge, Brant A. Code
Enforcement
Prosecution of Code
Violations
Assigned: J Laherty.
Hearing scheduled for
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.
Juvenile Justice Community
7/4-004 Lough, James Tort Claim Wrongful
Termination, etc.
None Stated Assigned: C Bell.
Tort Claim pending.
Nothing filed.
10/19/11 10/18/13 4/16/12 Roxanne L Farra
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 the
9th Circuit Court of
Appeals.
8/4-009 Sweet, Sharon BOLI
Complaint
(#1)
Claims against DA
Flaherty for
discrimination and
harassment
None Stated Assigned: M Pilliod
and C Bell.
BOLI issued Right to
Sue letter. Sweet filed
lawsuit against State,
Patrick Flaherty and
Deschutes County.
Charese Rhony
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
8/4-010 Jenson, Nicole BOLI
Complaint
Claim against DA
Flaherty for
discrimination and
harassment
None Stated Assigned: C Bell.
BOLI found
substantial evidence to
support Claimant’s
allegations.
Conciliation/Settlemen
t initiated with BOLI.
County has informed
BOLI that claim
should be against the
State (i.e., Flaherty)
only.
8/4-011 Sweet, Sharon Tort Claim
Notice
Claim against DA
Flaherty for
discrimination and
harassment
None Stated Assigned: C Bell.
County retained Mark
Amberg to perform
investigation. Results
indicate no
wrongdoing by
County or DA.
SEE 8/4-014.
1/1/11 to
Present.
4/2/12 Charese Rhony
8/4-012 Sweet, Sharon BOLI
Complaint
(#2)
Claims against DA
Flaherty for
discrimination and
harassment
None Stated Assigned: C Bell.
Right to Sue letter
given. Complainant.
has filed lawsuit
against State, Patrick
Flaherty and
Deschutes County.
SEE: 8/4-014
250,000
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: Peter
Mersereau has filed
Answer, Affirmative
Defenses, and Cross
Claim against District
Attorney on behalf of
the County.
Charese Rhony
8/4-015 Jenson, Nicole Federal
Lawsuit
Civil Rights
41 USC 1983;
Retaliation for
Whistleblowing;
Unlawful Practice;
None Stated Assigned: J Laherty.
Complaint served,
County Answer filed
with Affirmative
Defenses, Cross Claim
Beth Creighton
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
Gender
Discrimination;
Familial Relationship
Discrimination;
against DA, and Third
Party Complaint
against the State of
Oregon. Initial
Disclosure completed.
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
12/4-008 Lantz, Pat Federal
Lawsuit
Claims filed under
the ADA, ADEA,
and State Equivalents
$450,000.00 Assigned: C Bell.
Case settled.
Kyle Busse $50,000
12/4-010 Williams, Nancy ERB
Complaint
Unfair Labor
Practices
Reinstatement Assigned: C Bell.
Claims settled
Jennifer K.
Chapman
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
12/4-012 Poncy, Therese EEOC
Complaint
Violation of Civil
Rights, Age
Discrimination
None stated Assigned: C Bell.
Notice of Charge of
Discrimination filed
with EEOC on 2/6/13.
Received copy of
BOLI and EEOC
Complaints. Answers
filed in both. Claims
dismissed by BOLI.
Issued Right to Sue
Letter.
Pro Se
12/4-013 Frank, Minny Federal
Lawsuit
Negligence, Violation
of the ADA,
Violation of the
Rehabilitation Act,
Declaratory Relief
None stated Assigned: J Laherty.
Complaint dismissed
by Plaintiff.
Pro Se
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
12/4-014 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
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
Property Management
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
14/4-010 Terrebonne
Estates
Homeowner’s
Association
Tort Claim Safety issue re:
closing of Barberry
Drive and Hwy 97
ingress/egress
Assigned: M Pilliod. 8/4/11 8/4/13 8/4/11 Pro Se
14/4-013 Burch, Scott Tort Claim
Notice
Plaintiff was injured
by Road Department
snow machine
None stated Assigned: J Laherty.
Tort Claim Only.
Claim settled for
$7,500.00 and full
release.
1/19/12 1/19/14 2/17/12 Gary Johnson
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
14/5-016 Cahill, Jeff Litigation UPS charges for
purchase of tires on
online auction
$1,600.00 Assigned: J Laherty.
Sheriff’s Department
15/4-011 Brandt, Paul Assault &
Battery; Civil
Rights:
Excessive
Claimant claims to
have been beaten
while in custody at
the Deschutes County
Gen Damages:
$100,000;
economic
damages: $700;
Assigned: J Laherty.
Jury trial February 28,
2013. Defense verdict
rendered. Judgment
9/17/05 9/17/07 3/16/06 Mark Malco 1G08CX $15,000.00
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
Force (USC
1983)
jail and Bill of Costs
submitted to Court.
Plaintiff has appealed.
See 15/4-040.
15/4-039 Mona, Darrell K. Tort Claim Landlord Tenant
issue
None Stated Assigned: J Laherty.
Tort Claim Only.
10/21/11 10/21/13 10/21/11 Pro Se
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.
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
$500,000.00 Assigned: J Laherty.
Tort Claim Only
County has tendered
defense to the insurer
of COLES should a
Foster Glass
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
teams. lawsuit be filed.
Preliminary
indications of
acceptance.
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
ongoing. Depositions
completed.
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.
Complaint filed
3/26/13.
15/4-052 Mudrick, Krista J. EEOC Claimant is claiming
discrimination
None Stated Assigned: C Bell.
EEOC Notice of
Charge received. No
action by County
required at this time.
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
3/21/13 3/21/15 9/17/13 Christopher Slater
Adult Jail
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
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
9/16/11 9/16/13 12/28/11 Mark Reliqueme
15/5-032 Lawrence,
Raymond Le Troy
Tort Claim Claimant says
excessive force was
used during detention
at DCAJ
None stated Assigned: J Laherty.
Tort Claim Only
9/24/11 9/24/13 1/12/12 Mikel R. Miller
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
2/26/12 to
2/29/12
3/1/14 8/23/12 Thomas Freedman,
Portland
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.
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. Served by
Federal Court 4/2/13.
Answer and
Affirmative Defenses
filed. Plaintiff’s
deposition completed.
Pro Se
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
15/5-040 Brandt, Paul
Jerome
Appeal to
Court of
Appeals
Appeal Jury Verdict
and Judgment entered
on 4/11/13
None Stated Assigned: J Laherty.
Court of Appeals has
issued proceeding
schedule.
See 15/4-011.
Marc Malco
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
15/5-042 Mock, Steven
Alan
Federal
Court
Lawsuit
Plaintiff claims
assaulted by Bend
PD, and SO refused
to investigate,
None stated Assigned: J Laherty.
Dismissed with
prejudice by USDC
Judge 9/10/13.
Pro Se
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.
County entered into
stipulated judgment
with mortgagee bank.
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
18/4-047 Nationstar v. DC;
DC Circuit Court
12CV1178
Litigation Eminent Domain Assigned: L.
Craghead. dismissal
signed by the court on
02/05/13 by Judge
Brady
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, 3rd Quarter 2013 – Ending 9/30/13 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. We filed
Answer 3/13;DC
signed Stipulation &
Order on 091213
18/4-053 Herlocker v. DC Litigation Notice of Default Assigned: L.
Craghead. Private
foreclosure sale for
default of attorney fee
agreement noticed for
10/01/13, but does not
affect County’s prior
foreclosure judgment.
Notice of Default
recorded 05/09/13
18/4-054 Wells Fargo v.
Harpole;
12CV0557
Litigation DOT Foreclosure Assigned: L.
Craghead.; DC filed
Answer 081613
18/4-055 US Bank v.
Chisholm;
13CV0811
Litigation DOT Foreclosure Assigned: L.
Craghead; 1st
Amended Complaint
filed on 09/10/13
substituting State of
Oregon for DC; OUR
FILE CLOSED
18/5-008 DC v. RTT (Rocky
Mountain
Products);
13CV0596
Litigation Collection of taxes
owed
Assigned: J. Laherty
& L. Craghead.
There are 14
defendants; Hearing
pending on CWB’s
Motion to Amend
Answer; Orders of
Default taken on 8
defendants
Finance
Parole and Probation
9-1-1
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
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
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.
Deschutes County is
not involved in the
actions complained of.
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
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
Litigation Status Report, 3rd Quarter 2013 – Ending 9/30/13 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
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 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
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.
Discovery ongoing.
Roxanne Farra