IN THE SUPREME COURT OF THE STATE OF OREGON
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1 March 19, :23 PM IN THE SUPREME COURT OF THE STATE OF OREGON EVERICE MORO; TERRI DOMENIGONI; CHARLES CUSTER; JOHN HAWKINS; MICHAEL ARKEN; EUGENE DITTER; JOHN O'KIEF; MICHAEL SMITH; LANE JOHNSON; GREG CLOUSER; BRANDON SILENCE; ALISON VICKERY; and JIN VOEK, Petitioners, STATE OF OREGON; STATE OF OREGON by and through the DEPARTMENT OF CORRECTIONS; LINN COUNTY; CITY OF PORTLAND; CITY OF SALEM; TUALATIN VALLEY FIRE & RESCUE; ESTACADA SCHOOL DISTRICT; OREGON CITY SCHOOL DISTRICT; ONTARIO SCHOOL DISTRICT; BEAVERTON SCHOOL DISTRICT; WEST LINN SCHOOL DISTRICT; BEND SCHOOL DISTRICT; and PUBLIC EMPLOYEES RETIREMENT BOARD, Respondents, and LEAGUE OF OREGON CITIES; OREGON SCHOOL BOARDS ASSOCIATION; CENTRAL OREGON IRRIGATION DISTRICT; and ASSOCIATION OF OREGON COUNTIES, Intervenors. S (Control) - Special Master WAYNE STANLEY JONES, Petitioner, Page 1 - RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER PUBLIC EMPLOYEES RETIREMENT BOARD, ELLEN ROSENBLUM, Attorney General; and JOHN A. KITZHABER, Governor, Respondents. S061431
2 MICHAEL D. REYNOLDS Petitioner, PUBLIC EMPLOYEES RETIREMENT BOARD, State of Oregon; and JOHN A. KITZHABER, Governor, State of Oregon Respondents. S GEORGE A. RIEMER, Petitioner, STATE of OREGON; Oregon Governor JOHN KITZHABER; Oregon Attorney General ELLEN ROSENBLUM; OREGON PUBLIC EMPLOYEES RETIREMENT BOARD; and OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM, Respondents. S GEORGE A. REIMER, Petitioner, STATE OF OREGON; Oregon Governor JOHN KITZHABER; Oregon Attorney General ELLEN ROSENBLUM, PUBLIC EMPLOYEES RETIREMENT BOARD; and PUBLIC EMPLOYEES RETIREMENT SYSTEM, Respondents. S Page 2 RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER
3 RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER Respondent Tualatin Valley Fire & Rescue joins in the State Respondents Response to Petitioners Joint and Moro Petitioners Proposed Findings of Fact ( State Response ), to the extent the State Response is applicable to the claims brought by Petitioners Custer and Ditter against Tualatin Valley Fire & Rescue. To the extent that any of Petitioners Proposed Findings of Fact or the State Responses are corrected, or made more complete by Respondent Tualatin Valley Fire & Rescue s Proposed Findings of Fact, filed herewith, the latter shall control. Dated this 19th day of March, JORDAN RAMIS PC By: s/edward H. Trompke Edward H. Trompke, OSB # Two Centerpointe Dr, 6th Flr Lake Oswego OR ed.trompke@jordanramis.com Telephone: (503) Attorney for Respondent Tualatin Valley Fire & Rescue Page 3 RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER
4 CERTIFICATE OF FILING AND SERVICE I hereby certify that on the date shown below, I electronically filed the foregoing RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER on: Appellate Court Administrator Appellate Court Records Section 1163 State St Salem OR I further hereby certify that on the date shown below I served the foregoing RESPONDENT TUALATIN VALLEY FIRE & RESCUE S RESPONSE TO PROPOSED STIPULATED FACTS OF PETITIONERS CUSTER AND DITTER by first class mail, postage prepaid, on: Gregory A Hartman, OSB # Bennett Hartman Morris & Kaplan 210 SW Morrison St Ste 500 (503) hartmang@bennetthartman.com Attorney for Petitioners Everice Moro, Terri Domenigoni, Charles Custer, John Hawkins, Michael Arken, Eugene Ditter, John O'Kief, Michael Smith, Lane Johnson, Greg Clouser, Brandon Silence, Alison Vickery, and Jin Voek Lisa M. Freiley, OSB # Oregon School Boards Association PO Box 1068 Salem OR (503) lfreiley@osba.org Attorney for Respondents Estacada School District, Oregon City School District, Ontario School District, West Linn School District, Bend School District, and Oregon School Boards Association Page 1- CERTIFICATE OF FILING AND SERVICE
5 Michael D. Reynolds 8012 Sunnyside Ave N Seattle WA mreynolds14@comcast.net (206) Petitioner Pro se Wayne Stanley Jones 18 N Foxhill Rd North Salt Lake UT wstanmgt@gmail.com (801) Petitioner Pro se Harry M. Auerbach, OSB # City Attorney's Office 1221 SW 4th Ave Ste 430 (503) hauerbach@ci.portland.or.us Attorney for Respondent City of Portland Honorable W. Michael Gillette, OSB # Schwabe Williamson & Wyatt PC - Portland 1211 SW Fifth Ste 1600 (503) wmgillette@schwabe.com Attorneys for Intervenor League of Oregon Cities Kristian Spencer Roggendorf, OSB # Roggendorf Law LLC 5200 Meadows Rd Ste 150 Lake Oswego OR (503) kr@roggendorf-law.com Attorney for Intervenor Central Oregon Irrigation District Page 2- CERTIFICATE OF FILING AND SERVICE
6 Rob Bovett, OSB # Association of Oregon Counties 1201 Court St NE, Ste 300 Salem OR (503) rbovett@aocweb.org Attorney for Respondent Linn Co. and Intervenor Association of Oregon Counties Anna Marie Joyce, OSB # Department of Justice 1162 Court St NE Salem OR (503) anna.joyce@doj.state.or.us Attorney for Respondents Ellen Rosenblum, Public Employees Retirement System, Public Employees Retirement Board, John A. Kitzhaber, and State of Oregon George A. Riemer, OSB # Arizona CJC 1501 W. Washington St Ste 229 Phoenix AZ (602) griemer@courts.az.gov Petitioner Pro se Eugene J. Karandy, II, OSB # Linn County Attorney's Office PO Box 100 Albany OR (541) gkarandy@co.linn.or.us Attorney for Respondent Linn County Daniel B. Atchison, OSB # City of Salem Legal Department / Room Liberty Street SE Salem OR (503) datchison@cityofsalem.net Attorney for Respondent City of Salem Page 3- CERTIFICATE OF FILING AND SERVICE
7 Peter F. Simons, OSB # Harrang Long Gary Rudnick PC 360 E 10th Ave Ste 300 Eugene OR (541) pete.simons@harrang.com Attorneys for Respondents Estacada School District, Oregon City School District, Ontario School District, West Linn School District, Bend School District, and Oregon School Boards Association Sharon A. Rudnick, OSB # Harrang Long Gary Rudnick PC 360 E 10th Ave Ste 300 Eugene OR (541) sharon.rudnick@harrang.com Attorneys for Respondents Association of Oregon Counties, Linn County, Estacada School District, Oregon City School District, Ontario School District, West Linn School District, Bend School District, and Oregon School Boards Association William F. Gary, OSB # Harrang Long Gary Rudnick PC 360 E 10th Ave Ste 300 Eugene OR (541) william.f.gary@harrang.com Attorneys for Respondents Linn County, Estacada School District, Oregon City School District, Ontario School District, West Linn School District, Bend School District, and Oregon School Boards Association J. Michael Porter, OSB # Miller Nash LLP - Portland 111 SW 5th Ave Ste 3400 (503) mike.porter@millernash.com Attorney for Respondent Beaverton School District Page 4- CERTIFICATE OF FILING AND SERVICE
8 Honorable Stephen K. Bushong, OSB # Multnomah County Circuit Court 1021 SW Fourth Ave Ste 736 Rm (503) stephen.k.bushong@ojd.state.or.us Special Master Aruna A Masih, OSB # Bennett Hartman Morris & Kaplan LLP 210 SW Morrison St Ste 500 (503) masiha@bennetthartman.com Attorney for Petitioners Everice Moro, Terri Domenigoni, Charles Custer, John Hawkins, Michael Arken, Eugene Ditter, John O'Kief, Michael Smith, Lane Johnson, Greg Clouser, Brandon Silence, Alison Vickery, and Jin Voek Leora Coleman-Fire, OSB # Schwabe Williamson & Wyatt PC - Portland 1211 SW Fifth Ste 1600 (503) lcoleman-fire@schwabe.com Attorney for Intervenor League of Oregon Cities Sara Kobak, OSB # Schwabe Williamson & Wyatt PC - Portland 1211 SW Fifth Ste 1900 (503) skobak@schwabe.com Attorney for Intervenor League of Oregon Cities William B. Crow, OSB # Schwabe Williamson & Wyatt PC 1211 SW 5th Ave Ste 1900 (503) bcrow@schwabe.com Attorney for League of Oregon Cities Page 5- CERTIFICATE OF FILING AND SERVICE
9 Keith L. Kutler, OSB # Oregon Department of Justice Tax & Finance Division 1162 Court St NE Salem OR (503) keith.kutler@doj.state.or.us Attorney for Respondents Ellen Rosenblum, Public Employees Retirement System, Public Employees Retirement Board, John A. Kitzhaber, and State of Oregon Matthew J. Merritt, OSB # Department of Justice Appellate Division 1162 Court St NE Salem OR (503) matthew.merritt@doj.state.or.us Attorney for Respondents Ellen Rosenblum, Public Employees Retirement System, Public Employees Retirement Board, John A. Kitzhaber, and State of Oregon DATED: March 19, s/edward H. Trompke Edward H. Trompke, OSB # Jordan Ramis PC Two Centerpointe Dr, 6th Flr Lake Oswego OR ed.trompke@jordanramis.com Telephone: (503) Attorney for Respondent Tualatin Valley Fire & Rescue Page 6- CERTIFICATE OF FILING AND SERVICE
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