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From: Brian Michaels [mailto:Brian@brianmichaelslaw.com] 

Sent: Wednesday, August 17, 2016 3:59 PM 

To: Smigel, Michelle; Charlene Pew@ord.uscourts.gov

Cc: amilstein@shermansilverstein.com; Marianne Dugan; Alex Spiro (aspiro@braflaw.com); Richman, Taylor D. 

Subject: RE: 6:15-cv-002257-MC (Austin/Artis & Dotson v. University of Oregon et al) Time Sensitive Request to Seal 

Documents Filed by Plaintiffs Yesterday 

Your Honor,

Plaintiffs respond to Defendants’ email, in the same format, thusly:

>1.       We completely agree and acknowledge our oversight. Please place the items under seal.

>  

>2.       At this stage of the proceedings, unless Defendants are intending to contest the genuineness and competency of

the documents, any response would be irrelevant and pre‐mature

Thank you for your time and attention

Brian Michaels, Attorney at Law

259 East Fifth Ave.

Eugene, OR  97401

541‐687‐0578 Office

541‐686‐2137 Fax

When they outlaw freedom, only outlaws will be free.

“You can never cross the ocean until you have courage to lose sight of the shore.” Christopher Columbus 

From: Smigel, Michelle [mailto:Michelle.Smigel@millernash.com]  

Sent: Wednesday, August 17, 2016 2:49 PM

Exhibit 1 - Page 1
2

To: Charlene Pew@ord.uscourts.gov

Cc: amilstein@shermansilverstein.com; Marianne Dugan <mdugan@mdugan.com>; Brian Michaels

<Brian@brianmichaelslaw.com>; Alex Spiro (aspiro@braflaw.com) <aspiro@braflaw.com>; Richman, Taylor D.

<Taylor.Richman@MillerNash.com>

Subject: 6:15‐cv‐002257‐MC (Austin/Artis & Dotson v. University of Oregon et al) Time Sensitive Request to Seal

Documents Filed by Plaintiffs Yesterday

Dear Judge McShane,

Plaintiff's filing yesterday in this matter (specifically Exhibits A, B, D, E) included the name of the female complainant.  To

date, to my knowledge, the female complainant's identify has not been publicized by major news outlets (e.g. her name

was redacted from the police report found at Oregonlive).  The documents also include the names, phone numbers, and

email addresses of other students.  Defendants ask that the court place these documents under seal or take other

measures to keep this information, particularly the complainant's identity, out of the public record, at least at this stage.

Due to the time sensitive nature of this request, I have not conferred with opposing counsel on this request.

Second, Defendants request an opportunity to file a brief response to Plaintiffs' Supplemental Memorandum by Friday,

August 26.  Please let us know if this is acceptable to the court.

Thank you.

Michelle Smigel

Michelle Barton Smigel, P.C.

Partner

Miller Nash Graham & Dunn LLP

3400 U.S. Bancorp Tower | 111 S.W. Fifth Avenue | Portland, Oregon 97204

Office: 503.224.5858 | Fax: 503.224.0155

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Exhibit 1 - Page 2