Page 1 - Declaration of Michelle Barton Smigel in Support of Unopposed Motion to Seal 

Documents and Memorandum in Support 

70118951.1 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

Michelle Barton Smigel, P.C., OSB No. 045530 

michelle.smigel@millernash.com 

Michael Porter, P.C., OSB No. 003560 

mike.porter@millernash.com 

MILLER NASH GRAHAM & DUNN LLP 

3400 U.S. Bancorp Tower 

111 S.W. Fifth Avenue 

Portland, Oregon 97204 

Telephone: 503.224.5858 

Facsimile: 503.224.0155 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

Eugene Division 

BRANDON AUSTIN, 

Plaintiff, 

v. 

UNIVERSITY OF OREGON; SANDY 

WEINTRAUB; CHICORA MARTIN; ROBIN 

HOLMES; and MICHAEL R. 

GOTTFREDSON, all in their individual 

capacities only, 

Defendants. 

Case No. 6:15-cv-02257-MC (Lead) 

DECLARATION OF MICHELLE BARTON 

SMIGEL IN SUPPORT OF DEFENDANTS' 

UNOPPOSED MOTION TO SEAL 

DOCUMENTS 

DOMINIC ARTIS and DAMYEAN DOTSON, 

Plaintiffs, 

v. 

UNIVERSITY OF OREGON; SANDY 

WEINTRAUB; CHICORA MARTIN; ROBIN 

HOLMES; and MICHAEL R. 

GOTTFREDSON, all in their individual 

capacities only, 

Defendants. 

Case No. 6:16-cv-00647-MC 
 

Page 2 - Declaration of Michelle Barton Smigel in Support of Unopposed Motion to Seal 

Documents and Memorandum in Support 

70118951.1 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

I, Michelle Barton Smigel, declare as follows: 

1. I am one of the attorneys for defendants University of Oregon, Sandy Weintraub, 

Chicora Martin, Robin Holmes, and Michael R. Gottfredson. I make this declaration on personal 

knowledge or from sources deemed reliable. I am competent to testify with respect to the 

matters set forth below. 

2. Upon learning of the exhibits filed by plaintiffs containing the name of the female 

complainant in the sexual misconduct matter at issue in this lawsuit, I e-mailed the court on 

Wednesday, August 17, copying opposing counsel, to ask that the documents be sealed. 

Plaintiffs responded by e-mail acknowledging their oversight and stating that they do not oppose 

the request to seal. Attached as Exhibit 1 is an August 17, 2016, e-mail exchange between Alex 

Spiro, Brian Michaels, the court, and me. I also left a follow up voicemail with the court on 

Thursday, August 18 regarding our request to seal the documents. 

3. On Monday, August 22, plaintiffs' counsel e-mailed opposing counsel and the 

court (Charlene Pew) indicating that they agree to sealing the identity of the complainant 

"regarding only this particular subject at this time" and that they agree to keep her identity 

confidential "until such other time" in the case. 

4. On Monday, August 22, the court alerted me by phone that the court had 

temporarily placed the documents in question under seal in response to our request so that no one 

could access them but that a party would need to file a motion to seal for the documents to 

remain sealed and indicated that plaintiffs' counsel had been given the same information earlier 

 
 

Page 3 - Declaration of Michelle Barton Smigel in Support of Unopposed Motion to Seal 

Documents and Memorandum in Support 

70118951.1 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

in the day. On August 23, the court confirmed via email to the parties that the documents had 

been temporarily sealed by the court and that a motion to seal would need to be filed in order for 

the documents to remain permanently sealed. 

Pursuant to 28 USC § 1746, I declare under penalty of perjury that the foregoing is true 

and correct. 

Executed on this 23rd day of August, 2016, in Portland, Oregon. 

s/ Michelle B. Smigel 

Michelle Barton Smigel 
 

Page 1 - Certificate of Service 

70118951.1 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: 503.224.5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

CERTIFICATE OF SERVICE 

I hereby certify that I served the foregoing Declaration of Michelle Barton Smigel 

in Support of Unopposed Motion to Seal Documents and Memorandum in Support on: 

Ms. Marianne Dugan 

259 East 5th Avenue, Suite 200-D 

Eugene, Oregon 97401 

Fax: (866) 650-5213 

E-mail: mdugan@mdugan.com 

Alan C. Milstein (Pro Hac Vice) 

amilstein@shermansilverstein.com 

SHERMAN, SILVERSTEIN, KOHL, 

ROSE & PODOLSKY, P.A. 

308 Harper Drive, Suite 200 

Moorestown, New Jersey 08057 

Facsimile: (856) 488-4744 

Attorneys for Plaintiff Brandon Austin 

Mr. Brian L. Michaels 

brian@brianmichaelslaw.com 

259 East Fifth Avenue, Suite 300-D 

Eugene, OR 97401 

Facsimile: (541) 686-2137 

Mr. Alex B. Spiro 

aspiro@braflaw.com 

Brafman & Associates, P.C. 

767 Third Avenue, 26th Floor 

New York, NY 10017 

Facsimile: (212) 750-3906 

Attorneys for Plaintiffs Dominic Artis 

and Damyean Dotson 

by the following indicated method or methods on the date set forth below: 

 CM/ECF system transmission. 

 E-mail. (Courtesy copy.) 

 Facsimile communication device.

 First-class mail, postage prepaid.

 Hand-delivery.

DATED this 23rd day of August, 2016. 

s/ Michelle B. Smigel 

Michelle Barton Smigel, OSB No. 045530 

Of Attorneys for Defendants University of 

Oregon, Sandy Weintraub, Chicora Martin, 

Robin Holmes, and Michael R. Gottfredson