DAVID LANDRUM, Oregon State Bar ID Number 955425

Senior Deputy City Attorney

Email: david.landrum@portlandoregon.gov

Office of City Attorney

1221 SW 4th Avenue, Suite 430

Portland, OR 97204

Telephone: (503) 823-4047

Facsimile• (503) 823-3089

Attorney for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

JOSEPH WALSH, 3:15-cv-01666 SI

PLAINTIFF,

v.

BRYANT ENGE, CHARLIE HALES,

CITY OF PORTLAND,

DEFENDANTS.

DECLARATION OF DANIEL SIMON

(In Support of Defendants' Reply in

Support of Their Motion for Summary

Judgment)

I, Daniel Simon, Assistant Deputy City Attorney representing defendants City of

Portland, Charlie Hales and Bryant Enge in the above-entitled matter, declare as follows:

1. I am one of the attorneys of record in the above-captioned case.

2. During the September 10, 2015 telephone conference at the onset of this case, the

parties agreed to resolve this case through cross-motions for summary judgment and set the

following case schedule: [Defendants'] Answer due by 10/16/2015. Cross-motions for

summary judgment due by 10/30/2015. Responses due 11/20/2015. Replies due 12/4/2014 (see

docket #12, Minutes of Telephone Conference).

Page 1 — DECLARATION OF DANIEL SIMON

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 27 Filed 12/04/15 Page 1 of 3
3. On November 23, 2015, the Office of City Attorney received a copy of a

document entitled "Response to the City's Brief Concerning Their Motion for Summary

Judgment" ("Plaintiffs Second Response") via mail from plaintiff Joseph Walsh.

4. Attached to this declaration as Exhibit 1 is a true and correct copy of Plaintiff s

Second Response.

5. As of December 4, 2015, there was no entry in the court's docket sheet for this

matter listing a docket number for Plaintiffs Second Response.

6. Attached to this declaration as Exhibit 2 is a true and correct copy of the court's

docket sheet in this matter.

7. Defendant's Reply is a reply to Plaintiffs Second Response.

8. I make this declaration in support of Defendants' Reply in Support of Their

Motion for Summary Judgment.

I hereby declare that the above statement is true to the best of my knowledge and

belief, and that I understand it is made for use as evidence in court and is subject to penalty

for perjury.

DATED: December 4, 2015.

Daniel Simon

Page 2 — DECLARATION OF DANIEL SIMON

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 27 Filed 12/04/15 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing DECLARATION OF DANIEL SIMON on:

Joseph F. Walsh

7348 SE Division Street

Portland, OR 97206

Plaintiff-Pro Se

on December 4, 2015, by causing a full, true and correct copy thereof, addressed to the lastknown address (or fax number) of said attorney, to be sent by the following method(s):

by mail in a sealed envelope, with postage paid, and deposited with the U.S. Postal

Service in Portland, Oregon.

❑ by hand delivery.

by email pursuant to LR 5-2(b).

❑ by facsimile transmission.

❑ by email.

Page 1 — CERTIFICATE OF SERVICE

DANIEL SIMON, OSB #124544

Assistant Deputy City Attorney

Telephone: (503) 823-4047

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 27 Filed 12/04/15 Page 3 of 3