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Civil Rights: Employment | Oregon
Order on Motion for Clarification
ORDER by Judge Mustafa T. Kasubhai: State Defendants request clarification regarding the Court's dismissal of Plaintiff's Claim 21 in the Court's Opinion and Order (ECF No. 343 ). ECF No. 357 . Plaintiff's Claim 21 sought declaratory and injunctive relief against Defendant OED. Third Am. Compl. 43-44, ECF No. 297 . The Court held in its Opinion that "Plaintiff's claims for declaratory and injunctive relief are dismissed with prejudice" because she lacked standing to seek prospective relief. Op. & Order 9, ECF No. 343 . However, to the extent Plaintiff's Claim 21 seeks any other relief, Defendants' Motion (ECF No. 357 ) is GRANTED, and the Court clarifies that it also lacks subject matter jurisdiction over Plaintiff's appeal of Defendant OED's denial of unemployment benefits. See Guevarra v. Seton Med. Ctr., 642 Fed. Appx. 683, 686 (9th Cir. 206) (mem.) (holding that Rooker-Feldman applied such that the court lacked subject matter jurisdiction to hear appeal of a state board's denial of unemployment benefits). Even if that were not the case, Plaintiff's Claim 21 additionally fails to state a claim for relief for the reasons identified in the Court's Findings & Recommendations (ECF No. 139 ). (bd)
Order on Motion to Compel
ORDER by Judge Mustafa T. Kasubhai: Plaintiff moves to compel production of discovery under Fed. R. Civ. P. 26(a)(1) and 34. ECF Nos. 362 -63. Plaintiff represents that "she conferred or attempted to confer" as to those motions "but was unable to reach [Defendants]." ECF No. 362 , at 1; ECF No. 363 , at 1. Defendant Mersereau provides evidence that he was conferring with Plaintiff via email about Defendants' alleged deficiencies in production, but that Plaintiff filed her motions before those issues could be fully discussed. Mersereau Decl., ECF No. 365 . Additionally, this Court's Case Management Order (ECF No. 4 ), notes that the Court "discourages parties from filing motions to compel, which take extra time and resources to resolve." ECF No. 4 , at 2. In the event of a genuine dispute, that Order instructs parties to "first email a brief summary of the dispute" for the Court to resolve without formal motions practice whenever possible. Id. Plaintiff's motions to compel (ECF Nos. 362 , 363 ) are accordingly DENIED for failure to properly confer under Local Rule 7-1 and failure to comply with this Court's Case Management Order. (bd)
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