Eagle Point Education Association/SOBC/OEA et al v. Jackson County School District No 9 et al

Filing 102

ORDER: Judge Clarke's Report and Recommendation 91 is adopted. Defendants' Motion for Summary Judgment 56 is denied and Plaintiffs' Motion for Summary Judgment 63 is granted. Plaintiffs shall submit a proposed judgment within fourteen days from the date of this order. Signed on 7/9/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
EAGLE POINT EDUCATION
ASSOCIATION, et al.,
No. 1:12-cv-00846-CL
Plaintiffs,
v.

JACKSON COUNTY SCHOOL
DISTRICT NO. 9, et al.,

ORDER

Defendants.

MCSHANE, District Judge:

Plaintiffs Eagle Point Education Association, Dave Carrell,
and Staci Boyer bring this civil rights action against Jackson
County School District No.

9 (the District).

Plaintiffs claim

that the District infringed on their First Amendment rights to
express support for a strike.

Plaintiffs seek declaratory and

injunctive relief, and nominal damages.
The parties have filed cross-motions for summary judgment.
Magistrate Judge Mark D. Clarke has issued a Report and
Recommendation, recommending that the District's motion be denied
and Plaintiffs' motion be granted.
The matter is now before this court.
636 (b) (1) (B),

Fed. R. Civ. P. 72 (b).

See 28 U.S.C.

§

Defendants object to the

Report and Recommendation, so I have reviewed the issues de novo.
28 U.S.C.

§

6.36(b) (1) (C); McDonnell Douglas Corp. v. Commodore

Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).

1 - ORDER

After

review, I adopt Magistrate Judge Clarke's Report·and
Recommendation, which correctly resolves the issues raised.

I

conclude that Walker v. Texas Division, Sons of Confederate
Veterans,

Inc., 135 S. Ct. 2239

(2015), cited. by Defendants as

supplemental authority, does not alter the analysis here.
CONCLUSION

Magistrate Judge Clarke's Report and_ Recommendation (#91)
adopted.

is

Defendants' motion for summary judgment (#56) is denied

and Plaintiffs' motion for summary judgment (#63)

is granted.

Plaintiffs shall submit a proposed judgment within fourteen days
from the date of this order.
IT IS SO ORDERED.
DATED this

day of July, 2015.

MICHAEL J. MCSHANE
U.S. DISTRICT JUDGE

2 - ORDER