Page 1 - Declaration of Lisa Thornton in Support of Defendants' Motion to Dismissal 

70071550.2 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 

DECLARATION OF LISA THORNTON IN 

SUPPORT OF DEFENDANTS' MOTION TO 

DISMISS 
 

Page 2 - Declaration of Lisa Thornton in Support of Defendants' Motion to Dismiss 

70071550.2

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, Lisa Thornton, hereby declare as follows: 

1. I am the Public Records Officer for the University of Oregon. I am a 

duly-authorized custodian at the University of Oregon of the attached records. I have the 

authority to certify the attached records. 

2. The attached records are true copies of the records and were created at or 

near the time of the act, condition, or event described or referred to in them. 

3. The attached records were prepared or received and kept by the University 

of Oregon, or persons acting under its control, in the ordinary course of regularly conducted 

business. 

4. Attached as Exhibit A is a copy of plaintiff's signed scholarship. 

5. Attached as Exhibit B is a copy of the text of President Gottfredson's 

public statement made on May 9, 2014. 

6. Attached as Exhibit C is a copy of three e-mails exchanged on or around 

May 28, 2014, between Laura Fine Moro and Douglas Park (which are also copied to Sandy 

Weintraub and Shaun McCrea). 

7. Attached as Exhibit D is a copy of a "Special Choice of Resolution Form" 

signed by Brandon Austin dated June 5, 2014. 

8. Attached as Exhibit E is a copy of a letter from Sandy Weintraub to 

Brandon Austin, with the subject "Regarding Case: 00516-002-2014," dated June 20, 2014. 

9. Attached as Exhibit F is a redacted copy of plaintiff's "Tort Claims 

Notice" dated October 7, 2014. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 

is true and correct. 

Executed on this 25 day of January, 2016, in Eugene, Oregon. 

 

Lisa Thornton 
 

Page 1 - Certificate of Service 

70071550.2 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

TELEPHONE: (503) 224-5858 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204-3699

I hereby certify that I served the foregoing Declaration of Lisa Thornton in 

Support of Defendants' Motion to Dismiss on: 

Ms. Marianne Dugan 

259 East 5th Avenue, Suite 200-D 

Eugene, Oregon 97401 

Fax: (866) 650-5213 

E-mail: mdugan@mdugan.com 

Attorneys for Plaintiff Brandon Austin 

Mr. Alan C. Milstein 

Sherman Silverstein Kohl Rose & Podolsky 

308 Harper Drive, Suite 200 

Moorestown, New Jersey 08057 

Fax: (856) 488-4744 

E-mail: amilstein@shermansilverstein.com 

Attorneys for Plaintiff Brandon Austin

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.

 Overnight courier, delivery prepaid.

DATED this 25th day of January, 2016. 

s/ Michelle Barton Smigel 

Michelle Barton Smigel, OSB No. 045530 

Of Attorneys for Defendants University of 

Oregon, Sandy Weintraub, Chicora Martin, 

Robin Holmes, and Michael R. Gottfredson