Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement Administration

D. Or. · 2016 · CourtListener

Cite as Or. Prescription Drug Monitoring Program v. U.S. Drug Enforcement Admin., 998 F. Supp. 2d 957 (D. Or. 2014)

District9th Cir.Privacy & medical recordsFavorable

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Proceedings

No. 4365864 · Docket on CourtListener

69 documents

Or. Prescription Drug Monitoring Program v. U.S. Drug Enforcement Admin., No. 3:12-cv-02023 (D. Or. filed Nov. 9, 2012)

Opinion: District Court, D. Oregon · On CourtListener

The court's opinion, in full text on this site

Or. Prescription Drug Monitoring Program v. U.S. Drug Enforcement Admin., 998 F. Supp. 2d 957 (D. Or. 2014)

Filings on file (70 in 58 docket entries)

Filings on file
Date	No.	Document	Type	Pages	Source
2012-11-09	1	Complaint. (titled Complaint for Declaratory Judgment) Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-3094110 Jury Trial Requested: No. Filed by Oregon Prescription Drug Monitoring Program against United States Drug Enforcement Administration (Attachments: # 1 Civil Cover Sheet, # 2 Attachment Waiver of Service of Summons). (Castle, Thomas) (Entered: 11/09/2012)	Complaint	4	PDF CL

	1-1	Civil Cover Sheet		2	PDF CL
	1-2	Attachment Waiver of Service of Summons		2	PDF CL
2012-11-09	2	Notice of Case Assignment to Judge Ancer L. Haggerty and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/11/2013. Joint Alternate Dispute Resolution Report is due by 4/8/2013. Pretrial Order is due by 4/8/2013. Ordered by Judge Ancer L. Haggerty. (cib) (Entered: 11/09/2012)	Discovery order	7	PDF CL
2012-11-16	3	Waiver of Service of Summons Returned Executed by United States Drug Enforcement Administration waiver sent on 11/16/2012. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 11/16/2012)	Waiver of Service Summons	1	PDF CL
2013-01-15	4	Answer to 1 Complaint, . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 01/15/2013)	Answer to Complaint	3	PDF CL
2013-01-23	5	Motion for Leave to Appear Pro Hac Vice for Attorney Ben Wizner . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3161281. Filed by ACLU Foundation Of Oregon, Inc.. (Wizner, Ben) (Entered: 01/23/2013)	Motion for Leave to Appear Pro Hac Vice	3	PDF CL
2013-01-23	6	Motion for Leave to Appear Pro Hac Vice for Attorney Nathan F. Wessler . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3161325. Filed by ACLU Foundation Of Oregon, Inc.. (Wizner, Ben) (Entered: 01/23/2013)	Motion for Leave to Appear Pro Hac Vice	3	PDF CL
2013-01-25	7	Motion to Intervene . Oral Argument requested. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Attachments: # 1 Attachment MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVENE, # 2 Proposed Document [PROPOSED] COMPLAINT IN) (Wizner, Ben) (Entered: 01/25/2013)	Motion to intervene	3	PDF CL

	7-1	Attachment MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVENE	Attachment MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVE	25	PDF CL
	7-2	Proposed Document [PROPOSED] COMPLAINT IN		38	PDF CL
2013-01-25	8	Motion TO FILE COMPLAINT IN INTERVENTION USING PSEUDONYMS. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Attachments: # 1 Attachment MEMORANDUM OF LAW, # 2 Attachment DECLARATION OF JOHN DOE 1 IN, # 3 Attachment DECLARATION OF JOHN DOE 2 IN, # 4 Attachment DECLARATION OF JOHN DOE 3 IN, # 5 Attachment DECLARATION OF JOHN DOE 4 IN, # 6 Attachment DECLARATION OF DR. JAMES ROE IN) (Wizner, Ben) (Entered: 01/25/2013)	Motion - Miscellaneous	3	PDF CL

	8-1	Attachment MEMORANDUM OF LAW		16	PDF CL
	8-2	Attachment DECLARATION OF JOHN DOE 1 IN		6	PDF CL
	8-3	Attachment DECLARATION OF JOHN DOE 2 IN		6	PDF CL
	8-4	Attachment DECLARATION OF JOHN DOE 3 IN		7	PDF CL
	8-5	Attachment DECLARATION OF JOHN DOE 4 IN		5	PDF CL
	8-6	Attachment DECLARATION OF DR. JAMES ROE IN		11	PDF CL
2013-01-25	9	Order Granting Application for Special Admission Pro Hac Vice of Nathan F. Wessler for ACLU Foundation Of Oregon, Inc.,John Doe 1,John Doe 2,John Doe 3, John Doe 4 and James Roe, M.D.. Application Fee in amount of $100 collected. Receipt No. 0979-3161325 issued. Signed on 1/25/2013 by Judge Ancer L. Haggerty. (ecp) (Entered: 01/28/2013)	Order on Motion for Leave to Appear Pro Hac Vice	3	PDF CL
2013-01-25	10	Order Granting Application for Special Admission Pro Hac Vice of Ben Wizner for ACLU Foundation Of Oregon, Inc.,John Doe 1,John Doe 2,John Doe 3, John Doe 4 and James Roe, M.D. Application Fee in amount of $100 collected. Receipt No. 0979-3161281 issued. Signed on 1/25/2013 by Judge Ancer L. Haggerty. (ecp) (Entered: 01/28/2013)	Order on Motion for Leave to Appear Pro Hac Vice	3	PDF CL
2013-02-07	11	Unopposed Motion for Extension of Time to File a Response/Reply to Motion TO FILE COMPLAINT IN INTERVENTION USING PSEUDONYMS 8, Motion to Intervene 7 . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 02/07/2013)	Motion for Extension of Time to File Response/Reply to a Mot	3	PDF CL
2013-02-15	13	Response to Motion TO FILE COMPLAINT IN INTERVENTION USING PSEUDONYMS 8 . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) Modified to add response to docket text on 2/21/2013 (cib). (Entered: 02/15/2013)	Reply to Motion	2	PDF CL
2013-02-15	14	Response to Motion to Intervene 7 . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 02/15/2013)	Response to Motion	13	PDF CL
2013-02-18	15	Notice of Appearance of Kevin Diaz appearing on behalf of ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D. Filed by on behalf of ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D. (Diaz, Kevin) (Entered: 02/18/2013)	Attorney Appearance	2	PDF CL
2013-03-01	16	Reply to Motion to Intervene 7 Oral Argument requested. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 03/01/2013)	Reply to Motion	23	PDF CL
2013-03-31	17	ORDER: The ACLU's Motion to Intervene 7 and Motion To File Complaint in Intervention Using Pseudonyms 8 are GRANTED. (see 6 page order for complete details) Signed on 3/31/13 by Judge Ancer L. Haggerty. (cib) (Entered: 04/02/2013)	Order on motion to intervene	6	PDF CL
2013-04-10	18	Intervener Complaint . Filed by John Doe 3, John Doe 2, ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 4, James Roe, M.D. against United States Drug Enforcement Administration. (Wizner, Ben) (Entered: 04/10/2013)	Intervener Complaint	38	PDF CL
2013-04-12	19	Notice of Appearance of Sheila H. Potter appearing on behalf of Oregon Prescription Drug Monitoring Program Filed by on behalf of Oregon Prescription Drug Monitoring Program (Potter, Sheila) (Entered: 04/12/2013)	Attorney Appearance	2	PDF CL
2013-05-07	20	Answer to Complaint Defendant's Answer to Complaint in Intervention. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 05/07/2013)	Answer to Complaint	9	PDF CL
2013-05-15	21	Joint Motion To Modify The Scheduling Order. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 05/15/2013)	Motion - Miscellaneous	4	PDF CL
2013-06-03	23	Notice of Attorney Substitution:Attorney Nina R. Englander is substituted as counsel of record in place of Attorney Thomas J. Castle Filed by Oregon Prescription Drug Monitoring Program (Englander, Nina) (Entered: 06/03/2013)	Attorney Substitution	2	PDF CL
2013-06-14	24	Motion for Summary Judgment . Filed by All Plaintiffs. (Potter, Sheila) (Entered: 06/14/2013)	Motion for Summary Judgment	2	PDF CL
2013-06-14	25	Memorandum in Support . Filed by Oregon Prescription Drug Monitoring Program. (Related document(s): Motion for Summary Judgment 24 .) (Potter, Sheila) (Entered: 06/14/2013)	Memorandum in Support of Motion	16	PDF CL
2013-06-14	26	Declaration of Nina Englander . Filed by Oregon Prescription Drug Monitoring Program. (Related document(s): Motion for Summary Judgment 24 .) (Attachments: # 1 Exhibit A-F) (Potter, Sheila) (Entered: 06/14/2013)	Declaration	3	PDF CL

	26-1	Exhibit A-F		12	PDF CL
2013-07-01	27	Motion for Summary Judgment . Oral Argument requested. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 07/01/2013)	Motion for Summary Judgment	3	PDF CL
2013-07-01	28	Memorandum in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Memorandum in Support of Motion	43	PDF CL
2013-07-01	29	Declaration of Nathan Freed Wessler in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Attachments: # 1 Exhibit A - QQ) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	5	PDF CL

	29-1	Exhibit A - QQ		206	PDF CL
2013-07-01	30	Declaration of Professor Mark A. Rothstein. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	45	PDF CL
2013-07-01	31	Declaration of Professor Robert Baker in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	39	PDF CL
2013-07-01	32	Declaration of Dr. Deborah C. Peel in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	28	PDF CL
2013-07-01	33	Declaration of John Doe 1 in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	6	PDF CL
2013-07-01	34	Declaration of John Doe 2 in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	5	PDF CL
2013-07-01	35	Declaration of John Doe 3 in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	6	PDF CL
2013-07-01	36	Declaration of John Doe 4 in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	5	PDF CL
2013-07-01	37	Declaration of Dr. James Roe in Support of Motion for Summary Judgment. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Related document(s): Motion for Summary Judgment 27 .) (Wessler, Nathan) (Entered: 07/01/2013)	Declaration	11	PDF CL
2013-08-14	38	Unopposed Motion for Extension of Time . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 08/14/2013)	Motion for Extension of Time	3	PDF CL
2013-08-20	40	Cross Motion for Summary Judgment Against Plaintiff. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 08/20/2013)	Motion for Summary Judgment	3	PDF CL
2013-08-20	41	Defendant DEA's Memorandum in Support of It's Cross-Motion for Summary Judgment Against Plaintiff and Response to Pl's Motion for Summary Judgment. Filed by United States Drug Enforcement Administration. (Related document(s): Motion for Summary Judgment 40 .) (Danielson, Kevin) (Entered: 08/20/2013)	Memorandum in Support of Motion	15	PDF CL
2013-08-20	42	Cross Motion for Summary Judgment Against Plaintiffs-Intervenors. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 08/20/2013)	Motion for Summary Judgment	3	PDF CL
2013-08-20	43	Defendant DEA's Combined Memorandum in Support of It's Cross-Motion for Summary Judgment Against Plaintiffs-Intervenors and Response to Their Motion for Summary Judgment. Filed by United States Drug Enforcement Administration. (Related document(s): Motion for Summary Judgment 42 .) (Danielson, Kevin) (Entered: 08/20/2013)	Memorandum in Support of Motion	31	PDF CL
2013-09-09	44	Notice of Attorney Substitution:Attorney Sarah M. Villanueva is substituted as counsel of record in place of Attorney Nina R. Englander Filed by All Plaintiffs (Villanueva, Sarah) (Entered: 09/09/2013)	Attorney Substitution	2	PDF CL
2013-09-10	45	Joint Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 27, Cross Motion for Summary Judgment Against Plaintiffs-Intervenors 42, Cross Motion for Summary Judgment Against Plaintiff 40, Motion for Summary Judgment 24 . Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 09/10/2013)	Motion for Extension of Time to File Response/Reply to a Mot	3	PDF CL
2013-09-23	47	Reply to Motion for Summary Judgment 24, Response in Opposition to Cross Motion for Summary Judgment Against Plaintiff 40, Motion for Summary Judgment 24 . Filed by Oregon Prescription Drug Monitoring Program. (Potter, Sheila) (Entered: 09/23/2013)	Reply to Motion	6	PDF CL
2013-09-23	48	Response and Reply to Cross Motion for Summary Judgment Against Plaintiffs-Intervenors 42, Motion for Summary Judgment 27 Oral Argument requested. Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 09/23/2013)	Response to Motion	42	PDF CL
2013-09-25	49	Unopposed Motion for Extension of Time . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 09/25/2013)	Motion for Extension of Time	3	PDF CL
2013-10-11	51	Motion for Extension of Time Defendant's Moton for Extension of Time in Light of Lapse of Appropriations. Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 10/11/2013)	Motion for Extension of Time	3	PDF CL
2013-10-24	53	Reply Brief in Support of Its Motion for Summary Judgment Against Plaintiff. Filed by United States Drug Enforcement Administration. (Related document(s): Reply to Motion, Response in Opposition to Motion,, 47 .) (Danielson, Kevin) (Entered: 10/24/2013)	Reply	6	PDF CL
2013-10-24	54	Reply Brief in Support of Its Motion for Summary Judgment Against Plaintiffs-Intervenors. Filed by United States Drug Enforcement Administration. (Related document(s): Response to Motion, 48 .) (Danielson, Kevin) (Entered: 10/24/2013)	Reply	9	PDF CL
2013-12-04	56	Unopposed Motion (titled "Plaintiff's Unopposed Motion to Reset Oral Argument"). Filed by Oregon Prescription Drug Monitoring Program. (Potter, Sheila) (Entered: 12/04/2013)	Motion - Miscellaneous	2	PDF CL
2013-12-04	57	Declaration of Sheila H. Potter in Support of Plaintiff's Unopposed Motion to Reset Oral Argument. Filed by Oregon Prescription Drug Monitoring Program. (Related document(s): Motion - Miscellaneous 56 .) (Potter, Sheila) (Entered: 12/04/2013)	Declaration	2	PDF CL
2014-02-11	60	OPINION AND ORDER signed on 2/11/2013 by Judge Ancer L. Haggerty. ACLU's Motion for Summary Judgment 27 is GRANTED, the PDMP's Motion for Summary Judgment 24 is DENIED AS MOOT, and the DEA's Cross Motions for Summary Judgment [40 and 42] are DENIED. (sp) (Entered: 02/11/2014)	OPINION AND ORDER signed on 2/11/2013 by Judge Ancer L. Hagg	16	PDF CL
2014-02-26	61	Unopposed Motion for Judgment . Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 02/26/2014)	Unopposed Motion for Judgment . Filed by ACLU Foundation Of	3	PDF CL
2014-02-27	62	Amended Motion for Judgment . Filed by ACLU Foundation Of Oregon, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4, James Roe, M.D.. (Wessler, Nathan) (Entered: 02/27/2014)	Amended Motion for Judgment . Filed by ACLU Foundation Of Or	3	PDF CL
2014-03-12	63	Judgment. The United States Drug Enforcement Administration is hereby permanently enjoined from obtaining prescription records from the Oregon Prescription Drug Monitoring Program without first securing a warrant based upon probable cause. Signed on 3/12/14 by Judge Ancer L. Haggerty. (cib) (Entered: 03/13/2014)	Judgment. The United States Drug Enforcement Administration	2	PDF CL
2014-03-21	64	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on January 15, 2014 before Judge Ancer L. Haggerty, Court Reporter Nancy M. Walker, telephone number [telephone number removed]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter ([telephone number removed]) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/31/2014. Redaction Request due 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of Transcript Restriction set for 6/23/2014. (Walker, Nancy) (Entered: 03/21/2014)	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearin	38	PDF CL
2014-05-09	65	Notice of Appeal to the 9th Circuit (fee exempt status selected (AUSA)) . Filed by United States Drug Enforcement Administration. (Danielson, Kevin) (Entered: 05/09/2014)	Notice of Appeal to the 9th Circuit (fee exempt status selec	2	PDF CL
2016-11-07	67	Order from USCA for the 9th Circuit re Notice of Appeal 65 . The amicus brief submitted by Oregon Medical Association, American Medical Association, Alaska State Medical Association, Arizona Medical Association, California Medical Association, Idaho Medical Association, Montana Medical Association, Nevada State Medical Association, and Washington State Medical Association on December 12, 2014 is filed. No additional paper copies of the brief are required. (jtj) (Entered: 11/07/2016)	Order from USCA for the 9th Circuit re Notice of Appeal 65 .	2	PDF CL
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