Page 1 - DECLARATION OF RACHEL C. LEE IN SUPPORT OF DEFENDANTS’ 

MOTION FOR ORDER TO SHOW CAUSE WHY RELATOR SHOULD NOT 

BE ADJUDGED IN CONTEMPT

111764758.1 0061542-00016

Reilley D. Keating, OSB No. 073762

reilley.keating@stoel.com

Stephen H. Galloway, OSB No. 093602

stephen.galloway@stoel.com

STOEL RIVES LLP

760 SW Ninth Avenue, Suite 3000

Portland, OR 97205

Telephone: (503) 224-3380

Facsimile: (503) 220-2480

Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

THE UNITED STATES OF AMERICA, ex 

rel. MICHAEL T. BROOKS,

Relator,

v.

TRILLIUM COMMUNITY HEALTH 

PLAN, INC., AGATE RESOURCES, INC., 

and LANE INDIVIDUAL PRACTICE 

ASSOCIATION, INC.,

Defendants.

Case No.: 6:14-cv-01424-MC

DECLARATION OF RACHEL C. LEE 

IN SUPPORT OF DEFENDANTS’ 

MOTION FOR ORDER TO SHOW 

CAUSE WHY RELATOR SHOULD 

NOT BE ADJUDGED IN CIVIL 

CONTEMPT 

I, Rachel C. Lee, declare as follows:

1. I am counsel of record for Agate Resources, Inc. (“Agate”) in Michael T. Brooks 

v. Agate Resources, Inc., Ninth Circuit Case No. 19-35547 and Supreme Court Case No. 20-

8177. I make this declaration in support of Defendants’ Motion for Order to Show Cause Why 

Case 6:14-cv-01424-MC Document 107 Filed 08/10/21 Page 1 of 5
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MOTION FOR ORDER TO SHOW CAUSE WHY RELATOR SHOULD 

NOT BE ADJUDGED IN CONTEMPT

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Relator Should Not Be Adjudged in Civil Contempt. I have personal knowledge of the facts 

stated in this declaration.

2. On or about March 29, 2021, Michael T. Brooks filed a petition for a writ of 

certiorari from the Ninth Circuit’s decision in Michael T. Brooks v. Agate Resources, Inc., Ninth 

Circuit Case No. 19-35547. The Supreme Court assigned Supreme Court Case No. 20-8177 to 

that petition. 

3. To my knowledge, and based on the Supreme Court docket, Mr. Brooks made no 

attempt to file his petition for writ of certiorari in Supreme Court Case No. 20-8177 under seal.

4. Attached hereto as Exhibit 1 is a true and correct copy, with pertinent portions 

highlighted, of a motion to seal filed by Agate on April 19, 2021 in Supreme Court Case No. 20-

8177.

5. Attached hereto as Exhibit 2 is a true and correct copy, with pertinent portions 

highlighted, of a redacted version of Mr. Brooks’ petition for writ of certiorari in Supreme Court 

Case No. 20-8177, which is also available at https://www.supremecourt.gov/DocketPDF/20/20-

8177/180308/20210527114759198_20210527-114235-95753808-00002188.pdf. 

6. On or about April 27, 2021, Mr. Brooks opposed the motion to seal that Agate 

had filed in Supreme Court Case No. 20-8177. Attached hereto as Exhibit 3 is a true and correct 

copy, with pertinent portions highlighted and redactions and the notation “REDACTED” added 

by Agate, of the opposition filed by Mr. Brooks. His opposition to the motion to seal repeated 

some of the exact same confidential medical information that Agate had moved to seal and 

disclosed further detail about one individual. 

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MOTION FOR ORDER TO SHOW CAUSE WHY RELATOR SHOULD 

NOT BE ADJUDGED IN CONTEMPT

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7. On June 1, 2021, the Supreme Court granted Agate’s motion to seal Mr. Brooks’ 

petition for certiorari and his opposition to the motion to seal in Supreme Court Case No. 20-

8177. 

8. On or about May 28, 2021, Mr. Brooks filed a petition for writ of certiorari from 

the Ninth Circuit’s decision in Michael T. Brooks v. Department of Labor, Administrative Review 

Board, Ninth Circuit Case No. 19-71240. The Supreme Court assigned Supreme Court Case 

No. 20-8413 to that petition. Attached hereto as Exhibit 4 is a true and correct copy, with 

redactions and the notation “REDACTED” added by Agate, of the petition for writ of certiorari 

in Supreme Court Case No. 20-8413.

9. Mr. Brooks filed publicly his petition for writ of certiorari in Supreme Court Case 

No. 20-8413. 

10. Mr. Brooks’ petition for writ of certiorari in Supreme Court Case No. 20-8413 

contained some of the same medical information about two of the students that he had previously 

included in his petition in Supreme Court Case No. 20-8177 and also added new information. 

One student was described again by nationality, family of origin, gender, and the reproductive 

health services that the student obtained. Another student was described again by nationality, 

gender, student status, medical condition and, for the first time, Mr. Brooks disclosed a specific 

form of treatment that this student received. The petition in Supreme Court Case No. 20-8413 

also added new disclosures about other students of specified nationality or ethnicity who tested 

positive or received treatment for other stigmatizing medical conditions. 

11. Because the Supreme Court does not deem Agate to be a party to Supreme Court 

Case No. 20-8413, Agate is unable to move to seal that petition for writ of certiorari. However, I 

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MOTION FOR ORDER TO SHOW CAUSE WHY RELATOR SHOULD 

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have been in communication with the U.S. Solicitor General’s Office about whether the U.S. 

Department of Labor is willing to do so. 

I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED: August 10, 2021.

/s/ Rachel C. Lee

Rachel C. Lee 

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Page 1 - CERTIFICATE OF SERVICE

97865180.1 0061542-00016

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing DECLARATION OF RACHEL C. LEE IN 

SUPPORT OF DEFENDANTS’ MOTION FOR ORDER TO SHOW CAUSE WHY 

RELATOR SHOULD NOT BE ADJUDGED IN CONTEMPT on the following named 

person(s) on the date indicated below by:

 mailing with postage prepaid

 overnight delivery

 email

 notice of electronic filing using the CM/ECF system

to said person(s) a true copy thereof, contained in a sealed envelope, addressed to said person(s) 

at his or her last-known address(es) indicated below.

Michael T. Brooks

32713 Vintage Way

Coburg, OR 97408

Tel: 541-556-6130

Email: mibrooks@mac.com

Plaintiff Pro Se

DATED: August 10, 2021.

STOEL RIVES LLP

/s/ Reilley D. Keating 

REILLEY D. KEATING, OSB No. 073762

reilley.keating@stoel.com

STEPHEN H. GALLOWAY, OSB No. 093602

stephen.galloway@stoel.com

Telephone: 503.224.3380

Of Attorneys for Defendants

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