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

michelle.smigel@millernash.com 

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

mike.porter@millemash.com 

MILLER NASH GRAHAM & DUNN LLP 

3400 U.S. Bancorp Tower 

111 S.W. Fifth Avenue 

Portland, Oregon 97204 

Telephone: 503.224.5858 

Fax: 503.224.0155 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

BRANDON AUSTIN, 

Plaintiff, 

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

Case No.: 6:16-cv-00647-MC (Member Case) 

v. 

UNIVERSITY OF OREGON; SANDY 

WEINTRAUB; cm CORA MARTIN; 

ROBIN HOLMES; and MICHAEL R. 

GOTI'F'REDSON, all in their individual 

capacities only, 

DECIARATION OF LISA THORNTON IN 

SUPPORT OF DEFENDANTS' MOTION 

TO DISMISS THIRD AMENDED 

COMPIAINT AND MEMORANDUM IN 

SUPPORT 

Defendants. 

DOMINIC ARTIS and DAMYEAN 

DOTSON, 

Plaintiffs, 

v. 

UNIVERSITY OF OREGON; SANDY 

WEINTRAUB; CHICORA MARTIN; 

ROBIN HOLMES; and MICHAEL R. 

GOTfF'REDSON, 

Defendants. 

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

Amended Complaint and Memorandum in Support 

MILLER NASH GRAHAM & D"\J}{N LLP ATTORNEYS AT I.AW 

TELEPHON E: SOl.22• .5851 

3•00 U.S. BANCORP TOWER 

111 $,W. FIFTH A VENUE 

rollTLAND. OREGON 97204' 

4820·0814-3677 .1 
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 are copies of plaintiffs' signed scholarships. 

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

public statement made on May 9, 2014. 

6. Attached as Exhibit C are copies of an e-mail sent by Greg Veralrud to 

Douglas Park on or around May 28, 2014, a "Special Choice of Resolution Form" signed by 

Brandon Austin dated June 5, 2014, and a "Special Choice Resolution Form" signed by 

Damyean Dotson dated June 19, 2014. 

7. Attached as Exhibit Dis 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). 

8. Attached as Exhibit E are copies of hearing decision letters from Sandy 

Weintraub to Damyean Dotson (with subject "Regarding Case: 00516-001-2014), Brandon 

Austin (with subject "Regarding Case: 00516-002-2014), and Dominic Artis (with subject 

"Regarding Case: 00516-003-2014) dated June 20, 2014. 

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

Amended Complaint and Memorandum in Support 

MILLER NASH GRAHAM & D'\fNN LLP ATTORNEYS AT I.AW 

TELEPHONE: SOJ.ZH.~ 8 

HOO U.S. BANCORP TOWER 

111 S.W. flFTll /\VENUE 

PORTLAND. OREGON 97204 

4820·0814·3677 .1 
9. Attached as Exhibit Fare redacted copies of Brandon Austin's "Tort 

Claims Notice" dated October 7, 2014, Dominic Artis's "Tort Claims Notice" dated October 8, 

2014, and Damyean Dotson's "Tort Claims Notice" dated October 9, 2014. 

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

and correct. 

Executed on this _L_ day of December, 2016, in Eugene, Oregon. 

Lisa Thornton 

Page 3 - Declaration of Lisa Thornton in Support of Defendants' Motion to Dismiss Third 

Amended Complaint and Memorandum in Support 

MILLER NASH GRAllAM & DUNN LLP 'r°rO Nl ~ 1\1 I AW 

T M l l'llONI·: .SOl.2~4.$8'4i8 

~400 ~ UANCOR.P TOWI A. 

ll l!lW )UTllAVENUI 

PORTS AND. OllFOON 9710-' 

4820-0814-3677 .1 
I hereby certify that I served the foregoing Declaration of Lisa Thornton in 

Support of Defendants' Motion to Dismiss and Memorandum in Support on: 

Ms. Marianne Dugan Mr. Alan C. Milstein 

259 East 5th Avenue, Suite 200-D 

Eugene,Oregon 97401 

Telephone: (541) 338-7072 

Sherman Silverstein Kohl Rose & Podolsky 

308 Harper Drive, Suite 200 

E-mail: mdugan@mdugan.com 

Moorestown, New Jersey 08057 

Telephone: (856) 662-0700 

E-mail: amilstein@shermansilverstein.com 

Attorneys for Plaintiff Brandon Austin 

Attorneys for Plaintiff Brandon Austin 

Mr. Brian Michaels 

259 East Fifth Avenue, Suite 300-D 

Eugene,Oregon 97401 

Telephone: (541) 687-0578 

E-mail: brian@brianmichaelslaw.com 

Mr. Alex Spiro 

Brafman & Associates 

767 Third Avenue 

New York, New York 10017 

Telephone: (212) 750-7800 

E-mail: aspiro@braflaw.com 

Attorneys for Plaintiffs Dominic Artis and 

Damyean Dotson Attorneys for Plaintiffs Dominic Artis and 

Damyean Dotson 

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

[XJ CMJECF system transmission. 

D E-mail. (Courtesy copy.) 

D Facsimile communication device. 

D First-class mail, postage prepaid. 

D Hand-delivery. 

D Overnight courier, delivery prepaid. 

DATED this 2nd day of December '2016. 

s/Michelle Barton Smigel 

Michelle Barton Smigel, OSB No. 045530 

Page 1 - Certificate of Service 

Of Attorneys for Defendants 

MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT I.AW 

TELEPHONE: (:'03) 22.-.:'858 

3400 U.S. BANC ORP TOWER 

11 J S. W. flf- rll AVUNU E 

PORTLAND. OREUON 9720.-3699 

4820-0814-3677 .1