Page 1 - DECLARATION OF STEPHEN H. GALLOWAY IN SUPPORT OF 

DEFENDANTS’ MOTION TO ENFORCE PROTECTIVE ORDER

109185779.1 0061542-00017

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,

Plaintiff,

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 STEPHEN H. 

GALLOWAY IN SUPPORT OF 

DEFENDANTS’ MOTION TO 

ENFORCE PROTECTIVE ORDER

I, Stephen H. Galloway, hereby declare and state as follows:

1. I am an attorney at Stoel Rives LLP and am one of the attorneys representing 

Trillium Community Health Plan, Inc. (“Trillium”); Agate Resources, Inc. (“Agate”); and Lane 

Case 6:14-cv-01424-MC Document 92 Filed 12/22/20 Page 1 of 5
Page 2 - DECLARATION OF STEPHEN H. GALLOWAY IN SUPPORT OF 

DEFENDANTS’ MOTION TO ENFORCE PROTECTIVE ORDER

109185779.1 0061542-00017

Individual Practice Association, Inc. (“LIPA,” collectively Defendants”) in the above-captioned 

action. I make this declaration based on personal knowledge.

2. Earlier in this proceeding, counsel for relator Michael T. Brooks (“Relator”)

acknowledged that Relator had retained possession of a large quantity of Defendants’ documents 

and information, including many documents containing PHI. Relator has never provided copies 

or detailed the scope of the documents he retained.

3. Although the Protective Order requires Relator to return or destroy all 

Confidential documents at the conclusion of this action, which concluded on June 6, 2018, 

Defendants allowed Relator to retain possession of those documents while his other actions 

against Defendants were pending. Because the documents potentially could have been relevant 

to those proceedings, Defendants did not demand that Relator return or destroy the Confidential 

documents while those other actions remained pending.

4. Relator filed a complaint with the U.S. Department of Labor alleging violations of 

the whistleblower protection provisions of the Affordable Care Act (“ACA”) and the SarbanesOxley Act of 2002 (“SOX”), Case No. 2016-SOX-00037 (the “First DOL Action”). The U.S. 

Department of Labor’s Administrative Review Board (“ARB”) affirmed the dismissal of the 

First DOL Action by order dated March 25, 2019, a true and correct copy of which is attached 

hereto as Exhibit 1. 

5. On July 3, 2018, Relator filed a second complaint with the U.S. Department of 

Labor, again asserting allegations of the whistleblower protection provisions of the ACA and 

SOX, Case No. 2018-SOX-00046 (the “Second DOL Action”). The ARB affirmed the dismissal 

of the Second DOL Action by order dated April 21, 2020, a true and correct copy of which is 

attached hereto as Exhibit 2.

Case 6:14-cv-01424-MC Document 92 Filed 12/22/20 Page 2 of 5
Page 3 - DECLARATION OF STEPHEN H. GALLOWAY IN SUPPORT OF 

DEFENDANTS’ MOTION TO ENFORCE PROTECTIVE ORDER

109185779.1 0061542-00017

6. Relator filed another lawsuit against Agate in the District of Oregon that asserted 

a variety of whistleblower retaliation, employment discrimination and other related claims. (See 

Brooks v. Agate Resources, Inc., District of Oregon Case No. 6:15-cv-00983-MK (the 

“Employment Lawsuit”).) The Ninth Circuit affirmed the District of Oregon’s order and 

judgment dismissing the Employment Lawsuit with prejudice by order dated November 5, 2020,

and it issued its mandate on November 27, 2020. Attached hereto as Exhibit 3 and Exhibit 4 are 

true and correct copies of the order and mandate.

7. Relator also filed a premature petition for writ of certiorari to the U.S. Supreme 

Court in which he described some records of college students and medical treatment they 

received, potentially disclosing PHI. That petition is available upon request.

8. Relator has recently begun making threats to disclose Defendants’ confidential 

information in his possession to third parties, and a recent email suggests that he has provided 

confidential documents to a third party. Attached hereto as Exhibit 5 is a true and correct copy 

of an email received from Relator on May 21, 2020, in which Relator refers to “pregnancy 

records” and “national news coverage.” Attached hereto as Exhibit 6 is a true and correct copy 

of an email received from Relator on September 4, 2020, in which he references sending 

Confidential documents to a “third party that will make everything public” if Relator is 

“harmed.”

9. Attached hereto as Exhibit 7 is a true and correct copy of a letter dated October 9, 

2020, in which I demanded that Relator return or confirm that he has destroyed all of the 

Confidential information (including copies thereof) in his possession. Relator did not respond to 

the letter.

Case 6:14-cv-01424-MC Document 92 Filed 12/22/20 Page 3 of 5
Page 4 - DECLARATION OF STEPHEN H. GALLOWAY IN SUPPORT OF 

DEFENDANTS’ MOTION TO ENFORCE PROTECTIVE ORDER

109185779.1 0061542-00017

10. Attached hereto as Exhibit 8 are true and correct copies of emails with Relator 

attempting to schedule a call to confer on this Motion. Relator did not respond to two direct 

requests to schedule the call.

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

DATED: December 22, 2020.

/s/ Stephen H. Galloway 

Stephen H. Galloway

Case 6:14-cv-01424-MC Document 92 Filed 12/22/20 Page 4 of 5
Page 1 - CERTIFICATE OF SERVICE

90373224.1 0061542-00017

CERTIFICATE OF SERVICE

I hereby certify that on December 22, 2020, I filed a copy of foregoing document with the 

Clerk of the Court for the United States District Court– District of Oregon by using the CM/ECF 

system. Participants in this Case No. 6:14-cv-01424-MC who are registered CM/ECF users will 

be served by the CM/ECF system. 

 mailing with postage prepaid

 overnight delivery

 Email

 notice of electronic filing using the CM/ECF system

Michael T. Brooks

32713 Vintage Way

Coburg, OR 97408

DATED: December 22, 2020.

STOEL RIVES LLP

/s/ Stephen H. Galloway

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

Case 6:14-cv-01424-MC Document 92 Filed 12/22/20 Page 5 of 5