case 6:15-cv-00042-aa document 1 filed 01/08/15 page 3 of...

Jemifer J.NIliddleton,OSB 071510

imiddletonのiusucclawvers.comJOHNSON,JOHNSON しSCHALLER,PC975 0ak Strect,Suite 1050

Eugene,OR 97401-3124Phone:541/683-2506

Fax: 541/484-0882

本ttOmeys for PlaintiffJane Doe

John C.Clune,Pro I‐Iac Vicc Pcnding

cluneのhbcboulder,com

Keith M.Edwards,Pro Hac Vicc Pending

kedwards(Dhbcboulder.comHUTCHINSON BLACK AND C00K,LLC

921 Walnut Street,Suite 200

Boulder,C080302…5173

Phone: 303/442-6514Fax: 303/442-5693

Attomeys for PlaintiffJane Doc

Jexg Dop,l

Plaintif鳥

v.

UNrypRsrv or OnPcoN, DANA DPaN

ALTIT,IAN, AS AN INDIVIDUAL.

Defendant.

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF OREGON

EUGENE DIVIS10N

CASE No.ιレ15″CV‐イレ

COPIPLAINT

α iOlatiOn OfTitle IX,20 UoS.C。 §

1681(a);Negligence;Due Process;EqualProtection;Intrusion Upon Seclusion)

JURY TRIAL DEPIANDED

I plaintiff proceeds here under pseudonym consistent with other Ninth Circuit courts' treatment of party names in

highly seniitive sexual assault cases that arise under Title IX of the Education Amendments, see, e.g., Uniled States

v.-Doe,655 F.2d 920,922 n. I (fth Cir.l98l), and to protect the privacy, safety, and educational opportunities ofplaintiff as a current student at the University of Oregon. Additionally, Defendants are awElre of the identity of the

plaintiff and will not be otherwise prejudiced by proceeding in this fashion. If needed, Plaintiff will seek other

appropriate relief from the Court to continue to proceed in this fashion and to otherwise protect her anonymity

throughout the instant liti gation.

Pacn I - Cotrlptanr

Case 6:15-cv-00042-AA Document 1 Filed 01/08/15 of 18

cOPIPLAIM AND DEPIAND FOR JIRY TRIAL

Plaintitt Jane Doc( PlaintiT'),Sues Defendant University of Oregon( Defendant''or

`UO'')and Defendant Dana Dean Altman,and pursuant to Rule 8,Federal Rules of C市 il

Procedure,alleges:

IntroductioEl

l.

This is an action involving clairns undcr Title IX ofthe Education Amendments of 1972,

20U.S.C.§§1681-1688[hereinaner, Title IX''],the united States Constitution,and state law,

arising out of forcible rape occurring within an educational prograrn or activity.

Parties,Jurisdiction,and Venue

2.

Plaintiffis a resident ofClackamas County,Oregon,and a current student at UO.

j.

UO is a goverllllnent educational institution with its priinary campus in Eugene,Oregon.

4.

UO receives federal inding and is suttect tO Title Ⅸ ofthe Education Amendments of

1972,20 UoS.C.§ 1681(a).

D.

Upon infollllation and beliet Defendant Altman is a resident of Lane County,Oregon,

and an employee ofUO.

6.

This Court hasjurisdiction pursuant to 28 U.S.C.§ 1331 and 28 U.S.C.§1367.

PlcE 2 - CotvtpulNr


7.

Venuc is proper in this district pursuantto 28 U.S.C.§ 1391(b).

General Allegations

SIIIMM_4Y

8.

On or about March 8, 2014, Plaintiff, a freshman student, was attending a party with her

friends and became intoxicated at an off-campus residence rented by Jonathan Lloyd, a member

of the UO men's basketball team.

9.

At the party, Plaintiff was cornered in a bathroom by three men who began to grope

Plaintiff and remove her clothes. The men were all UO students and players on the men's

basketballteam.

10.

Plaintiff attempted to keep her clothes on and push the men away, but she was

overwhelmed by their size and strength, leaving Plaintiff trapped in the small bathroom with no

ability to escape.

11.

The men pushed her cell phone out of her reach saying "no one wants to talk to you" and

commenced the first of multiple gang rapes of Plaintiff.

Plcr 3 - ConmlarNr


12.

The three UO basketball players then took Plaintiff back to one of their UO off-campus

housing apartments where they continued to gang rape Plaintiff, at one point trying to get

additional students in the building to rape Plaintiff.

13.

After Plaintiff was crying for a period of time, the assailants lost interest and the rape

finally stopped.

14.

Throughout the evening, the clear instigator and most aggressive of the three assailants

was a man named Brandon Austin who had just transferred to UO from Providence College in

January.

15.

Plaintiff reported the rape to her father via text message on the morning of March 9,

2014, and he immediately contacted the Eugene Police Department ("EPD"). Plaintiff

cooperated fully with the EPD's investigation.

16.

Ten days after the rape of Plaintiff, the Wall Street Journal reported that Austin had been

previously suspended at Providence College following an allegation of a gang rape occurring on

or about November 3,2013.

Defendants UO and Altman Knew of Austin's Prior Sexual Misconduct

17.

Brandon Austin began his college career at Providence College ("Providence") in

Providence, Rhode Island, as a highly prized basketball recruit.

PncB 4 - Cotrrpr-ltNr


18.

On November 6,2013, prior to the start of his freshman season at Providence, Austin and

another Providence basketball player were suspended from the team indefinitely for a reported

gang rape ofanother Providence student.

19.

Austin's indefinite suspension became a season-long suspension on December 23,2013,

when Providence officials found him responsible for sexual assault. Although Providence later

reduced Austin's sanction, thereby allowing him to transfer to another school, he was still

suspended for the entire basketball season due to his conduct. His suspension was widely

reported in the media.

20.

Austin immediately sought to transfer to another school to continue his basketball career.

21.

Altman and other members of the UO basketball coaching staffimmediately and actively

recruited the suspended athlete to transfer to UO to play basketball.

22.

Upon information and belief, Defendant Altman, assistant coach Tony Stubblefield, and

other UO personnel thoroughly investigated Austin's suspension and discussed the issues with

Austin, his family and friends, and members of the Providence coaching staff.

23.

Upon information and belief, Altman and other UO personnel were fully aware of the

basis for Austin's season-long suspension.

PlcB 5 - CoupmrNr


24.

ln fact, Austin's mother, when asked about what the UO coaches knew, said, "We told

them everything. They knew everyhing."

25.

Despite this knowledge, UO admitted Austin as a transfer student and granted Austin a

full athletic scholarship. On January 6,2014 - only two weeks after the public announcement of

his season-long suspension at Providence for violations that Defendants knew involved sexual

misconduct - Austin enrolled at UO to continue his basketball career.

26.

Although Austin could not play for UO in the 2013-2014 season due to NCAA eligibility

rules for transfer students, UO and Altman otherwise granted Austin full academic and athletic

privileges.

27.

UO and Altman did not impose any conditions on Austin or put into place any other

protections, such as restrictions, monitoring, or counseling, to ensure that he did not present a

threat to the UO community.

28.

UO and Altman did not notiff the UO students and community that UO and Altman had

knowingly brought a reported sex offender to the UO campus in Eugene.

Defendant's Delay in Responding

29.

UO officials learned of the gang rape of Plaintiffon March 9,2014, following Plaintiffs

report to the Eugene Police Department.

Pacr 6 - Coupramr


30.

Then-UO President, Michael Gottfredson, knew of the sexual assaults no later than

March 19,2014.

31.

UO took no action on the matter until May 2014. when it first initiated procedures

against Austin and his two teammates for violating the school's code of conduct.

32.

In the interim, the three players retained full academic and athletic privileges. Two of the

three men went on to play key roles in UO's basketball games in the Pac-12 Conference

Tournament and the NCAA Men's Basketball Tournament, and Defendant Altman was awarded

large bonuses for the wins in the tournaments.

33.

During this time, UO failed to take effective corrective action to end the hostile

educational environment Plaintiffexperienced because of the rape and her continued exposure to

the perpetrators, or to ensure Plaintiffs full and equal access to educational benefits and

opportunities.

34.

Rather, UO delayed taking any action on the sexual assaults for over two months while it

prioritized winning basketball games over the health, safety, and welfare of its students,

including Plaintiff.

Pncp 7 - ColrpurNr


35.

Defendants claimed that they were instructed by the Eugene Police not to suspend the

players from the team, but the Eugene Police Department publically denied the claim, indicating

that they would have had no interest in such matters.

UO Strikes a Disturbing Deal with the Three Athletes

36.

After the basketball season was over, the matter was investigated by the University and

the local and national media widely covered the story.

37.

As required under the school's code of conduct, the disciplinary matter was scheduled for

a hearing.

38.

But prior to the disciplinary hearing, UO negotiated a curious deal with the athletes. In

exchange for their election of an "administrative conference," where the outcome is decided

solely by the UO administration, UO would guarantee that the three men would not be expelled,

would have no mention of sexual misconduct on their transcripts, and that no one would receive

a physical copy of the final written outcome - including Plaintiff.

39.

As UO explained to Plaintiffs counsel, omitting the words "sexual misconduct" from

their transcripts and the guaranteed lack of expulsion would then help the three men transfer to

another school.

PacE 8 - Colrpumr


40.

UO Director of Student Conduct found all three men responsible for sexually assaulting

Plaintiffand suspended each from UO for 4-10 years.

41.

As of the time of this filing, two of the adjudicated sex offenders have successfully

transferred to other schools to play basketball.

42.

UO significantly delayed completion of the disciplinary proceedings against the three

men until immediately after the conclusion of the academic quarter.

43.

Upon information and belief, UO delayed finalizing the disciplinary proceeding to allow

the three players to complete the academic quarter in good standing and transfer out of the

university without harming the basketball program's Academic Progress Rate or "APR" - a

"team-based metric that accounts for the eligibility and retention of each student-athlete, each

term"2 - and incurring NCAA sanctions, including the loss of scholarships and/or postseason

bans.

UO Unlawfutly Obtains PlaintilPs Counseling Records

44.

UO officials and Plaintiff have discussed these matters and the allegations contained

herein. Plaintifftold these officials about the emotional distress she experienced, which was well

documented in Plaintiffs post-assault counseling sessions with a confidential therapist at the UO

Counseling and Testing Center.

2 http://www.ncaa.org/about/resources/research/academic-progress-rate-apr.

Pace 9 - Courllnr


45.

Counsel for Plaintiff told UO officials and attomeys that Plaintiff did not authorize the

release of her privileged counseling file and instructed UO that the school administration and

attorneys were not permitted to obtain those records from the Counseling and Testing Center.

Those records contain much detail about Plaintiffs personal life and family that are not related

to any issues sunounding these events.

46.

Shortly thereafter, in December 2014, a member of the UO administration contacted the

Counseling and Testing Center and required that center to produce Plaintiff s privileged therapy

records to the administration without any legal authorization. This directly contravened

Plaintiff s clear instruction and violated both the Federal Educational Records and Privacy Act

and the Heath Information Portability and Accountabilify Act, as well as state protections for

medical records.

47.

On information and belief, the privileged records were unlawfully collected for the UO

administration and their attorneys to gain advantage in preparing for any future litigation.

Frnsr CuIuroRRrltrrViolation of Title IX,20 U.S.C. $ 168f (a) (Against Defendant UO)

Deliberate Indifference to Prior Sexual Violence

Plaintiff incorporates each and every allegation of the preceding paragraphs as if fully set

forth herein.

48.

UO had actual knowledge of Austin's prior sexualharassment/rape of a female student at

Providence from their recruiting investi gation.

Plcr l0 - Corrrpu,nr


49.

UO had actual knowledge of the substantial risk that Austin would sexually harass other

female students at UO based upon his prior conduct.

50.

UO officials, with the knowledge described above, had the authority to address the risk

posed by Austin, and had the authority to institute corrective measures by either not admitting

Austin or by closely supervising Austin, requiring sex offense-specific counseling, or otherwise

notiffing the UO community about his past sexual misconduct.

51.

UO's failure to address the risk posed by Austin in light of prior allegations of sexual

misconduct was clearly unreasonable in light of the known circumstances.

52.

UO's conduct was deliberately indifferent to the substantial risk that Austin would

sexually harass other female students at UO.

53.

As a result of UO's deliberate indifference, Plaintiff was subjected to extreme sexual

harassment in the form of rape by Austin and his accomplices.

54.

The sexual harassment that Plaintiff suffered was so severe, pervasive, and objectively

offensive that it deprived her of access to educational opportunities and benefits by creating a

permanent and extreme hostile educational environment.

PlcB 11 - CouplatNr


55.

Plaintiffhas suffered damages and injuries as a result of UO's violations of Title D(.

Sncoxo Cultu ronRrlmrViolation of Title IX,20 U.S.C. $ 1681(a) (Against Defendant UO)

Deliberate Indifference to Plaintiff s Report of Rape

Plaintiffincorporates each and every allegation of the preceding paragraphs as if fully set

forth herein.

56.

Beginning on March 9,2014, UO had actual knowledge of sexual harassment of Plaintiff

in the form of a violent gang rape inflicted upon her.

57.

Additionally, as early as December 2013 or January 2014, UO was on notice of other

allegations of sexual assault and sexual misconduct perpetrated by Austin.

58.

UO was deliberately indifferent to reports of rape and sexual misconduct by failing to

investigate PlaintifFs allegations for over two months while the three rapists continued to

participate fully in the UO basketball program and educational program.

59.

UO further failed to institute any disciplinary measures during this time-

Plcn 12 - CoupurNr


60.

Upon information and belief, UO made special disciplinary agreements for the three

rapists and delayed finalizing disciplinary proceedings in order to protect the basketball

program's academic progress rate.

61.

UO's failure to timely investigate and complete disciplinary proceedings in order to

protect its basketball program subjected Plaintiffto a hostile educational environment so severe,

pervasive, and objectively offensive that it effectively barred her access to educational

opportunities and benefits.

62.

Plaintiffhas suffered damages and injuries as a result of UO's violations of Title IX.

Tnrno Cultrrl roRRrunrNegligence (Against Defendant UO)


forth herein.

63.

UO had a duty to protect Plaintiff from sex discrimination, including but not limited to

sexual assault by a fellow student.

64.

UO either knew or, in the exercise of reasonable care, should have known, that Austin

had a history of sexual assault against a female student at another institution.

Plcr l3 - Corupl-.ltNr


65.

UO breached its duty by recruiting Austin to its campus and granting him full academic

and athletic privileges without any protective measures such as counseling, supervision, or

monitoring of his behaviors.

66.

It was foreseeable that Austin's presence on campus would expose female students,

including Plaintiff, to his conduct and behaviors, including sexual assault.

67.

UO's decision to admit Austin and grant him full academic and athletic privileges

without protective measures such as supervision, counseling or monitoring was a substantial

factor in causing Plaintiffdamages and injuries.

Founrn CllIu ronRpltPrDeprivation of Due Process - Liberty - Under 42 U.S.C. $ 1983

(Against Defendant Altman)


forth herein.

68.

Plaintiffhas a constitutionally protected liberfy interest in her own bodily security.

69.

Defendant Altman acted under color of state law and in his official and individual

capacities in taking the actions alleged herein.

Plcr 14 - Compulxr


70.

Upon information and belief, Defendant Altman had actual knowledge of Austin's prior

sexual harassment and assault of a female student at Providence.

71.

Upon information and belief, Defendant Altman had actual knowledge of the substantial

risk that Austin would sexually harass female students at UO.

72.

With deliberate indifference to this known and obvious danger, Defendant Altman

affirmatively and actively recruited Austin to UO and granted Austin a full athletic scholarship

and all related privileges with no regard for the protection of female students in the UO

community.

t).

Defendant Altman's deliberate indifference to this known and obvious danger exposed

Plaintiff and other UO female students to danger they would not have otherwise faced.

74.

As a direct and proximate result of Altman's deliberate indifference, Plaintiff was

deprived of her constitutional right to bodily security and suffered damages and injuries for

which Altman is liable under 42 U.S.C. $ 1983.

FIrrn CLltrvI ron RrLIgrViolation of Equal Protection, U.S. ConstitutionFourteenth Amendment, Under 42 U.S.C. $ 1983

(Against Defendant Altman)


forth herein.

Pacn 15 - CoMpI-,ctxr


75.

The actions of Defendant Altman as alleged herein were taken under color of state law

and in his official and individual capacities.

76.

By the actions and omissions alleged herein, including but not limited to recruiting

Austin to UO and failing to respond to Plaintifls report of rape by three of the players he

coached and supervised, Defendant Altman subjected Plaintiff to severe sexual harassment

including rape, and a hostile educational environment on the basis of sex.

77.

Defendant had no exceedingly persuasive justification for his sex-based discrimination.

78.

Defendant's actions and omissions deprived Plaintiff of rights guaranteed by the Equal

Protection Clause of the Fourteenth Amendment to the United States Constitution.

79.

Plaintiff has suffered significant damages as a result of these violations, for which

Defendant Altman is liable under 42 U.S.C. $ 1983.

SxrH Cr,ltu noR Rnt.tnrIntrusion Upon Seclusion(Against Defendant UO)


forth herein.

80.

By accessing a copy of Plaintifls confidential counseling records without Plaintifls

authorization, UO intentionally and knowingly intruded upon her private personal affairs.

Pacr 16 - Cotrlpl,etNr


81.

UO's intrusion would be highly objectionable to a reasonable person.

82.

Plaintiffhas suffered damages including sffess, anxiety, and emotional distress as a result

of UO's unauthorized intrusion.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffseeks a judgment against Defendants as follows:

(a) An Order enjoining Defendants, along with all of UO's agents, employees, and

those acting in concert therewith, from unlawful discrimination on the basis of sex, including the

failure to address, prevent, and/or remedy sexual harassment;

(b) Injunctive relief requiring UO to redress its violations of Title D( including (1)

instituting, with the assistance of outside experts, and enforcing a comprehensive sexual

harassment policy, including procedures for effective reporting of sexual harassment incidents,

an effective and immediate crisis response, and an expanded victim assistance and protection

program; (2) adopting a real "zero tolerance policy'' under which there will be expedited

proceedings and punishment proportional to the offense for violation of sexual harassment

policies; and (3) providing for an annual, independent review by the Office of the President, with

the participation of outside reviewers, of Athletic Department compliance with the sexual

harassment and recruiting policies;

(c) An award of damages against both Defendants in an amount to be established at

trial, including, without limitation, reimbursement and prepayment for all of Plaintifls tuition or

related expenses; payment of Plaintiff s expenses incurred as a consequence of the sexual

Plcr 17 - CouplllNr


―

‐

assault; damages for deprivation of equal access to the educational benefits and opportunities

provided by UO; and damages for past, present, and future emotional pain and suffering,

ongoing and severe mental anguish, and loss of past, present, and future enjoyment of life;

(d) An award of pre- and post-judgment interest;

(e) An award of costs and attorney fees, pursuantto 42 U.S.C. $ 1988(b); and

(0 Such other relief as is just and equitable.

JI]RY DEMAND

Plaintiff demands a trial by jury of all issues so triable.

DATED: January 8,2015.

Respectful ly submitted,

JoHNSoN, JouNsoN & SculI-t-oR, PC

imiddlctOnのiusticelawvers.com

JOHNSON,JOHNSON とSCHALLER P.C.975 0ak Street,Suite 1050

Eugene,OR 97401‐3124

Telephonc: 541/683‐2506

Fax: 541/484-0882

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John C.Clunc,Colo.No.27684

Kcith M.Edwards,Colo.No.42666kcdwardsのhbcbouldcr.coin

HUTCHINSON BLACK AND C00K,LLC921 Walnut Strcct,Suite 200

Boulder,C080302-5173

By:

Phone:

Fax:

303/442-6514

303/442-5693

icrdlcton,OSB 071510

PACE 18-COヽIPLAINT

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SIGNATtRE OF ATTORNEY OF RECORD

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DOCKET NUMBER

01/08ノ2015

MAG JUDGE

Case 6:15-cv-00042-AA Document 1-1 Filed 01/08/15 Page 1 of 2

JS,l4 Revqw (Rev. 12112)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers asrequiredbylaw,exceptasprovidedbylocalrulesofcourt. Thisform,approvedbytheJudicialConferenceoftheUnitedStatesinSeptemberl9T4,isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed. The attomey filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiffor defendant is a govemment agency, useonly the full name or standard abbreviations. If the plaintiffor defendant is an official within a governrnent agency, identifr first the agency andthen the official, giving both name and title.

(b) CountyofResidence. Foreachcivilcasefiled,exceptU.S.plaintiffcases,enterthenameofthecountywherethefirstlistedplaintiffresidesatthetime of filing. In U.S. plaintiffcases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In landcondemnation cases, the county ofresidence ofthe "defendant" is the Iocation ofthe tract ofland involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attomey of record. If there are several attomeys. list them on an attachmen! notingin this section "(see attachment)".

II. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires thatjurisdictions be shown in pleadings. Place an "X"in one ofthe boxes. Ifthere is more than oDe basis ofjurisdiction, precedence is given in the order shown below.United States plaintiff. (l) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here.United States defendant. (2) When the plaintiffis suing the United States, its officers or agencies, place an "X" in this box.Federalquestion. (3)Thisreferstosuitsunder28U.S.C.1331,wherejurisdictionarisesundertheConstitutionoftheUnitedStates,anamendmenttotheConstitution.anactofCongressorabeatyoftheUnitedStates. IncaseswheretheU.S.isaparty,theU.S.plaintiffordefendantcodetakesprecedence, and box I or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, thecitizenship ofthe different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thissection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below. issufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more thanone nature ofsuit, select the most dehnitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (l ) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filingdate.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred fiom Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers ormultidistrict litigation transfers.Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.When this box is checked. do not check (5) above.

VI. CauseofAction. Reportthecivilstatutedirectlyrelatedtothecauseofactionandgiveabriefdescriptionofthecause. Donotcitejurisdictionalstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VUI. RelatedCases. ThissectionoftheJS44isusedtoreferencerelatedpendingcases,ifany. Iftherearerelatedpendingcases,insertthedocketnumbers and the correspondingjudge names for such cases.

Date and Afforney Signature. Date and sign the civil cover sheet.


A0440(Rev 06/12)SulmOnsin a C市 il Action

UNITED STATES I)ISTRICT COuRTfor the

District of Oregon

」ANE DOE,

′raレ′終 )V.

UNIVERS:TY OF OREGON,DANA DEAN ALTMAN,as an individual

Civil Action *r. b ',19. UJ - Ll L

Dψ認レ′θ

SUMMONSIN A CIVIL ACT10N

Toi rDcヵ滅a″′`″“ α

″′αttresり UNIVERS:TY OF OREGON,c/o Douglas Y.S.Park,Acung Cenera!Counse:219」ohnson Ha‖,1 226 University of OregonEugene,OR 97403-1226

A lawsuit has been filed against you.

Within 2l days after service of this summons on you (not counting the day you received it) - or 60 days if you

are the United States or a United States agency, or an offrcer or employee of the United States described in Fed. R. Civ.

p.12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,

whose name and address are: Jennifer J. MiddletonJohnson Johnson & Schaller, PC

975 Oak Street, Suite 1050

Eugene, OR 97401-3124

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLEttκ OF COし曖r

Date: 01/08/2015Signature of Clerk or Deputy Clerk

)

)

)


AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

C市il Action No.

This summons for (name of individual and title, if any)

was received by me on (date)

Date:

PROOF OF SERVICE

(This section should not be Jiled with the court unless required by Fed R. Civ. P. a Q)

D I personally served the summons on the individual at (place)

on (date)

D I left the summons at the individual' s residence or usual place of abod e with (name)

, a person ofsuitable age and discretion who resides there,

On μ″り , and mailed a copy to the individual's last known address; or

D I served the summons on (name of individual)

designated by law to accept service ofprocess on behalfof @ame oforganization)

On(a2rり

D I returned the summons unexecuted because

il Other (specifu):

My fees are $ for travel and $ for services, for a total of $ 0.00

I declare under penalty of perjury that this information is true.

Server's signature

Printed name and tille

Server's address

;or

, who is

;Or

;or

Additional information regarding attempted service, etc:

』

Ｌ


AO 440 (Rev. 06/12) Summons ir a Civil Action

UNrrso Srarps DrsrRIcr Counrfor the

District ofOregon

」ANtt DO巨

P/aレノゥ殉

V.

UN:VERSITY OF ORECON,DANA DEAN ALTMAN,as an individua!,

civirActionxo. /a : 15-OU' Ll\

Defendant(s)

SUMMONSIN A CIVIL ACTION

To:rDりを″aα″rt″α″ια″′attresりDANA DttAN ALTMANc/o Dougias Y S Park,UO Acting General Counsel219 Johnson Ha‖,1 226 University of OregonEugene,OR 97403‐1226

A lawsuit has been filed against you.

Within 2l days after service of this summons on you (not counting the day you received it) - or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) - you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffls attomey,

whose name and address are: Jennifer J. MiddletonJohnson Johnson & Schaller, PC

975 Oak Street, Suite 1050Eugene, OR 97401-3124

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

α ERκ θF COしR7

Datc: 01ノ08/2015

Sigruture of Clerk or Deputs- Clerk

)

)

)


AO 440 (Rev. 06/12,1 Summons in a Civil Action @age 2)

PROOF OF SERVICE

(This section should not befiled with the court unless required by Fed R. Civ. P. 4 0)

This summons for 1tame of indi'idual and title, i/ an1')

was received by me on dak)

E I personally served the summons on the individual at @lace)on (date)

Civil Action No.

U I left the summons at the individual's residence or usual place of abode with 6nme1

, a person ofsuitable age and discretion who resides there,

O11 (date) , and mailed a copy to the individual's last known address; or

0 I served the summons otr (name of individual)

desigrated by law to accept service of process on behalf of (name of organization)

on (date)

I returned the summons unexecuted because

Other gpectfi):

My fees are $ for travel and $ for services, for a total of $ 0.00

I declare under penalty of perjury that this information is true.

Date:

Sener's signature

Printed name and title

Seruer's address

;or

, who is

;Or

ロ　　ロ ;or

Additional information regarding attempted service, etc:

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