Jarlstrom v. Aldridge et al

Filing 34

AGREED PRELIMINARY INJUNCTION: Finding as Moot Motion for a Preliminary Injunction 25 . Signed on 5/30/2017 by Judge Anna J. Brown. (gw)

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William J. Ohle (OSB 913866)t SCHWABE, WILLIAMSON &WYATIP.C. PacWest Center 1211 SW Fifth A venne, Suite 1900 Portland, OR 97204 Phone: (503) 222-9981 E-mail: wohle@schwabe.com Samuel B. Gedge (VA Bar No. 80387)* INSTITUTE FOR JUSTICE 901 North Glebe Road, Suite 900 Arlington, VA 22203 Phone: (703) 682-9320 E-mail: sgedge@ij.org Attorneys for Plaintiff t Designated local counsel * Admitted pro hac vice IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION MATS JARLSTROM, Case No.: 3:17-cv-00652-SB Plaintiff, v. AGREED PRELIMINARY CHRISTOPHER D. ALDRIDGE, WILLIAM J. BOYD, DAREN L. CONE, SHELLY MC DUQUETTE, JASON J. KENT, LOGAN T. MILES, RON SINGH, DA VE M. VAN DYKE, SEAN W. ST. CLAIR, AMIN WAHAB, and OSCAR J. ZUNIGA JR., in their official capacities as members of the Oregon State Board of Examiners for Engineering and Land Surveying, INJUNCTION Defendants. AGREED PRELIMINARY INJUNCTION - 1 On April 25, 2017, Plaintiff Mats Jiirlstri:im filed a civil-rights complaint [ECF l] in the above-styled matter against the members of the Oregon State Board of Examiners for Engineering and Land Surveying (Board) in their official capacities. Jiirlstri:im' s complaint asserts that Oregon's Professional Engineer Registration Act, Or. Rev. Stat.§ 672.002 et seq., and implementing regulations violate the First Amendment to the U.S. Constitution both asapplied and on their face by preventing him from (1) communicating publicly and privately about theories relating to the mathematics behind traffic lights, and (2) describing himself using the word "engineer." Rather than litigating a motion for preliminary injunction, the Board agrees not to enforce the Professional Engineer Registration Act, Or. Rev. Stat. § 672.002 et seq., or any implementing regulations against Plaintiff Jiirlstri:im during the pendency of this litigation for engaging in any of the speech described below. Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as follows: 1. Plaintiff Jiirlstri:im may study, communicate publicly about, and communicate privately about his theories relating to traffic lights throughout the pendency of this litigation as long as Plaintiff Jiirlstri:im's communications occur outside the context of a paid employment or contractual relationship relating to the timing of traffic lights with a governmental or other entity that changes or implements or has final approval to change or implement traffic-light timing without the review and acceptance of responsibility by an Oregon-licensed professional engineer. 2. Plaintiff Jiirlstri:im may describe himself publicly and privately nsing the word "engineer" throughout the pendency of this litigation. AGREED PRELIMINARY INJUNCTION - 2 3. The Board shall not enforce the Professional Engineer Registration Act, Or. Rev. Stat. § 672.002 et seq., or any implementing regulations against Plaintiff Jarlstrom during the pendency of this litigation for having engaged in the activities described in Paragraph 1 or Paragraph 2 above. 4. The Board shall not enforce the Professional Engineer Registration Act, Or. Rev. Stat. § 672.002 et seq., or any implementing regulations against Plaintiff Jarlstrom at any timeduring or after this litigation-for having engaged in activities described in Paragraph 1 or Paragraph 2 above during the pendency of this litigation. 5, The bond requirement set forth in Federal Rule of Civil Procedure 65 is waived. United States District Judge AGREED TO BY: Is Christina L. Beatty-Walters (signed by consent) Christina Beatty-Walters (OSB 981634) Is Samuel B. Gedge Samuel B. Gedge (VA Bar No. 80387)* OREGON DEPARTMENT OF JUSTICE 901 North Glebe Road, Suite 900 Arlington, VA 22203 Phone: (703) 682-9320 Fax: (703) 682-9321 E-mail: sgedge@ij.org 100 SW Market St. Portland, OR 97201 Phone: (971) 673-1880 E-mail: tina.beattywalters@doj .state.or. us Attorney for Defendants INSTITUTE FOR JUSTICE Wesley Hottot (WA Bar No. 47539)* INSTITUTE FOR JUSTICE 10500 NE 8th Street, Suite 1760 Bellevue, WA 98004 Phone: (425) 646-9300 Fax: (425) 990 6500 AGREED PRELIMINARY INJUNCTION - 3 E-mail: whottot@ij.org William J. Ohle (OSB 913866)t Jill S. Gelineau (OSB 852088) SCHWABE, WILLIAMSON & WY ATI PC PacWest Center 1211 SW Fifth Avenue, Suite 1900 Pmtland, OR 97204 Phone: (503) 222-9981 Fax: (503) 796-2900 E-mail: wohle@schwabe.com jgelineau@schwabe.com Kelly M. Walsh (OSB 993897) SCHWABE, WILLIAMSON & WYA TI PC 700 Washington Street Suite 701 Vancouver, WA 98660 Phone: (360) 694-7 551 Fax: (360) 693-5574 E-mail: kwalsh@schwabe.com Attorneys for Plaintiff t Designated local counsel * Admitted pro hac vice AGREED PRELIMINARY INJUNCTION - 4

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