PAGE 1 – PLAINTIFF’S RESPONSE TO CORIZON’S MOTION FOR PROTECTIVE ORDER

LAW OFFICES OF DANIEL SNYDER

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 | Fax (503) 241-2249

Daniel Snyder, OSB No. 783856

dansnyder@lawofficeofdanielsnyder.com

Carl Post, OSB No. 061058

carlpost@lawofficeofdanielsnyder.com

John Burgess, OSB No. 106498

johnburgess@lawofficeofdanielsnyder.com

LAW OFFICES OF DANIEL SNYDER

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

Telephone: (503) 241-3617

Facsimile: (503) 241-2249

Debra Patkin, Admitted Pro Hac Vice

debra.patkin@nad.org

NATIONAL ASSOCIATION OF THE DEAF 

8630 Fenton Street, Suite 820 

Silver Spring, MD 20910

Of Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

DAVID UPDIKE, on behalf of himself, and 

for all others similarly situated, 

PLAINTIFFS,

v.

CLACKAMAS COUNTY,

DEFENDANT.

Case No. 3:15-cv-00723-SI

PLAINTIFF’S RESPONSE TO CORIZON’S

MOTION FOR PROTECTIVE ORDER

ORAL ARGUMENT REQUESTED

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Case 3:15-cv-00723-SI Document 89 Filed 06/17/16 Page 1 of 5
PAGE 2 – PLAINTIFF’S RESPONSE TO CORIZON’S MOTION FOR PROTECTIVE ORDER

LAW OFFICES OF DANIEL SNYDER

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 | Fax (503) 241-2249

RESPONSE TO MOTION FOR PROTECTIVE ORDER

Corizon’s motion should be denied. As demonstrated below, Corizon has unduly delayed 

filing this motion for protective order. Corizon lacks standing to intervene in this litigation as it is 

not a named defendant. Most of Corizon’s assumptions about this litigation are incorrect. 

RESPONSE TO PROCEDURAL HISTORY

Corizon’s first misstatement is that this lawsuit only concerns Defendant Clackamas

County’s failure to provide an American Sign Language (ASL) interpreter. Although that is one of 

the allegations, Plaintiff also complained of the denial of other auxiliary aides, including a working 

TTY/TTD, equal access to programs and services, including medical care, and failure by the 

County to assess him for accommodations. 

Corizon is Clackamas County’s subcontractor for providing medical care. Clackamas 

County cannot contract out its obligations under Title II of the ADA and the Rehabilitation Act of 

1973. The changes sought in the proposed Second Amended Complaint to reflect the fact that there

is one defendant, Clackamas County, rather than two defendants, refers to allegations against 

Craig Roberts, who the Court previously dismissed as a defendant. The proposed Second 

Amended Complaint does not contain claims directed against Corizon or its individual employees 

on the basis of negligence or on the basis of any other theory. However, Defendant Clackamas 

County should be responsible for making sure that its subcontractor complies with the law and 

provides deaf inmates with ASL interrupters and other auxiliary aides. 

RESPONSE TO POINTS AND AUTHORITIES

None of the cases cited by Corizon stand for the proposition that a non-party can sit on its 

hands and file a last-minute motion. In this case, on May 26, 2016, Corizon was served with a 

Notices of Deposition for Monique Graves, Nadia Petrov, Dustin Baldwin, Mark Farrell, Corrin 

Rowe, and Sharon Brennan because Corizon’s attorney, Anne Talcott, refused to confer and 

schedule depositions. Defense counsel had copies of the subpoenas by June 3, 2016. The 

depositions of these employees are set for June 22, 2016. If Corizon thought it had a basis for 

Case 3:15-cv-00723-SI Document 89 Filed 06/17/16 Page 2 of 5
PAGE 3 – PLAINTIFF’S RESPONSE TO CORIZON’S MOTION FOR PROTECTIVE ORDER

LAW OFFICES OF DANIEL SNYDER

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 | Fax (503) 241-2249

moving for a protective order, it is unreasonable for Corizon to wait until June 16, 2016, to move 

for a protective order. In this case, every employee who was served received the subpoena on 

either June 6 or 8, 2016. That is a reasonable time to receive service of process before a June 22, 

2016 deposition.

A. Deposition of Corizon Employee Monique Graves.

On June 8, 2016, a subpoena was served on Ms. Graves. See Exhibit J, Declaration of 

Daniel Snyder (Snyder Decl.) submitted in support of Plaintiff’s Response to Defendant 

Clackamas County’s Motions for Protective Order.

B. Deposition of Corizon Employee Nadia Petrov, RN.

On June 8, 2016, a subpoena was served on Ms. Petrov. See Exhibit L, Snyder Decl.

submitted in support of Plaintiff’s Response to Defendant Clackamas County’s Motions for 

Protective Order.

C. Deposition of Corizon Employee Dustin Baldwin.

On June 6, 2016, a subpoena was served on Mr. Baldwin. See Exhibit N, Snyder Decl.

submitted in support of Plaintiff’s Response to Defendant Clackamas County’s Motions for 

Protective Order.

On Wednesday, June 17, 2016, Corizon’s attorney Nathan D. Sramek called to confer on a 

motion to quash. Corizon’s attorney admitted that Corizon has had copies of the depositions of all 

Corizon employees since June 3, 2016. The attorney did not mention that Mr. Baldwin’s court 

appearance would be interfered with by a planned vacation. See Snyder Decl, ¶9. The attorney did 

not suggest that Mr. Baldwin’s deposition be taken at a more convenient time as Clackamas 

County did with respect to the deposition of Ms. Feaver. 

D. Deposition of Corizon Employee Mark Farrell.

Mark Farrell has not been served with a subpoena. According to the process server, 

neighbors reported that Mr. Farrell has been out of town. 

Case 3:15-cv-00723-SI Document 89 Filed 06/17/16 Page 3 of 5
PAGE 4 – PLAINTIFF’S RESPONSE TO CORIZON’S MOTION FOR PROTECTIVE ORDER

LAW OFFICES OF DANIEL SNYDER

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 | Fax (503) 241-2249

E. Deposition of Corizon Employee Corrin Rowe.

Ms. Rowe has not been served with a subpoena. According to the process server, Ms. Rowe

has been avoiding service of process. She has not been served with a subpoena. 

F. Deposition of Corizon Employee Sharon Brennan.

On June 6, 2016, a subpoena was served on Ms. Brennan. See Exhibit R, Snyder Decl.

submitted in support of Plaintiff’s Response to Defendant Clackamas County’s Motions for 

Protective Order.

Corizon is not a party to this litigation and thus lacks standing to seek a protective order on 

behalf of other third parties, i.e. Monique Graves, Nadia Petrov, Dustin Baldwin, Mark Farrell, 

Corrin Rowe, and Sharon Brennan. Salem Vegas, L.P. v. Guanci, No. 2:12-cv-01892-GMN-CWH, 

2013 U.S. Dist. LEXIS 141619 (D. Nev. Sep. 30, 2013) (holding that nonparties lack standing to 

quash subpoenas against other nonparties); see also Rhodes v. Litig. Trust of the Rhodes Cos., LLC 

(In re Rhodes Cos., LLC), No. 2:11-CV-01705-PMP-GWF, 2012 U.S. Dist. LEXIS 59918 (D. Nev. 

Apr. 30, 2012); Leanders v. Yassai (In re Yassai), 225 B.R. 478 (Bankr. C.D. Cal. 1998).

Furthermore, Corizon has not shown any specific harm by allowing its employees to be 

deposed. In order to establish good cause for issuance of a protective order, the party seeking 

protection bears the burden of showing that specific prejudice or harm will result if no protective 

order is granted. Cedano v. Thrifty Payless, Inc., No. CV-10-237-HZ, 2011 U.S. Dist. LEXIS 

155956, at *12-13 (D. Or. May 9, 2011) (citing Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 

476 (9th Cir. 1992) (holding that broad allegations of harm, unsubstantiated by specific examples 

or articulated reasoning, do not satisfy the Fed. R. Civ. P. 26(c)).

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Case 3:15-cv-00723-SI Document 89 Filed 06/17/16 Page 4 of 5
PAGE 5 – PLAINTIFF’S RESPONSE TO CORIZON’S MOTION FOR PROTECTIVE ORDER

LAW OFFICES OF DANIEL SNYDER

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 | Fax (503) 241-2249

CONCLUSION

For the reasons stated above, this Court should deny Corizon’s motion for a protective 

order.

DATED: June 17, 2016

LAW OFFICES OF DANIEL SNYDER

 /s/ Daniel Snyder

Daniel Snyder, OSB No. 783856

dansnyder@lawofficeofdanielsnyder.com

Carl Post, OSB No. 061058

carlpost@lawofficeofdanielsnyder.com

John Burgess, OSB No. 106498

johnburgess@lawofficeofdanielsnyder.com

Tel: (503) 241-3617 / Fax: (503) 241-2249

Debra Patkin, Admitted pro hac vice

debra.patkin@nad.org

National Association of the Deaf 

8630 Fenton Street, Suite 820 

Silver Spring, MD 20910

Of Attorneys for Plaintiff

Case 3:15-cv-00723-SI Document 89 Filed 06/17/16 Page 5 of 5