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2016 BALLOT MEASURE LAWSUIT-UpDate

3/05/19, 3:58 PM

BACK TO THE BEGINNING

Tamara Schaaf, an individual; Linda Andyke; an individual; and Sunray Henderson, an individual,
PLAINTIFFS
vs.
GEORGE MITCHNER, an individual; PAULA BARTOLOMEI, an individual; JOHN WILLIAMS, an individual; JOHN SMALLWOOD, an individual; GAIL DESBRISAY, an individual; MARCUS BEEBE, an individual; DAVID PALMER, an individual; DAVID KEYSTON, an individual; JAMES DILLE, an individual; SUE FLORY, an individual; MARK SCHNEIDER, an individual; MARIE CARTER, an individual; CAROL ORR, an individual; BUTLER GANDER, an individual; and CROOKED RIVER RANCH CLUB & MAINTENANCE the Association, an Oregon non-profit corporation,
DEFENDANTS

Case No: 18 CV 16980

CASE STATUS AS OF TODAY

Yesterday, 3/04/19, the 2016 Ballot Measure Lawsuit had a Hearing involving various pending Motions in Jefferson County.

Jefferson County Circuit Court Judge Annette Hillman presided over the hearing which lasted about 10 minutes and she began the hearing by identifying all parties, including naming ALL INDIVIDUAL DEFENDANTS listed above.

Judge Hillman immediately addressed plaintiff’s MOTION TO SET ASIDE ORDER that involved a social relationship between Jefferson County Circuit Court Judge Daina Vitolins and 2016 Ballot Measure Defendant, Butler (Bim) Gander filed with the court in January.

To avoid the perception of any Conflicts or Bias, Judge Hillman vacated-SET ASIDE, Judge Vitolins October 2018 Order, in essence, undoing all of the rulings made in this case due to the Bim Gander/Judge Vitolins connection. Purging the case of any possible appearance of bias was very important to Judge Hillman.

Because of this Order, the case has been relegated back to the starting point. Clean Slate.
COPY OF MOTION TO SET ASIDE ORDER

BACKGROUND:

On September 18, 2018, Judge Vitolins heard oral arguments by counsel for all parties on various Motions brought by defendants. Judge Vitolins issued her opinion on October 2, 2018 and signed the Order at issue on the morning of October 16, 2018.

On the afternoon of that very same day, October 16, 2018, Judge Vitolins presided over a judicial settlement conference in an unrelated case, Stevens v. Crooked River Ranch Special Road District (SRD) and SRD Commissioner John Williams, Jefferson County Circuit Case No: 18 CV 03272, where the judge disclosed in that matter she has a social relationship, or more specifically, is a “tennis buddy” with defendant Bim Gander.

Subsequently, Plaintiffs filed a MOTION TO RECUSE Judge Vitolins and Judge Vitolins signed an ORDER OF RECUSAL on December 26, 2018.

Additionally, in yesterday’s hearing, Judge Hillman addressed Plaintiff’s MOTION FOR SETTLEMENT CONFERENCE, that to date, the defendants have declined to respond. However, defendants attorney William Ohle stated, it’s something to consider, but added it would be complicated due to the number of defendants.

 

Will Mr. Ohle advise All of the defendants they are Still Defendants, at least for now, or will they be kept in the dark as described by former Ranch Director/Defendant Carol Orr reported in our story, “DARK STATE”??

Finally, can Ohle represent All of the defendants and the Ranch Homeowners Association simultaneously, when there might exist adverse interests-conflicts involved?

The next hearing is scheduled for March 19, 2019, at 10:30 AM.

Ranch Matters Staff

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