📧 "Outstanding production, subpoenas, and depositions" to ORDOJ

Counsel,

Following the Court's orders, please provide responses for each item below, including (a) whether documents or dates will be provided and when, and (b) if anything is withheld, the specific basis. I request a response by Monday, October 12, 2026. I remain available by phone at [redacted]. If you decline telephonic conferral, please say so in writing. 

A. OSP/LAC production (ISAAC-LAC-SDT-000273 to 000490; ISAAC-OSP-SDT-000026 to 000049)

1. Privilege log, Fed. R. Civ. P. 45(e)(2)(A); LR 26-5(b): a date certain.
2. Basis for redactions in ISAAC-LAC-SDT-000279, 000425, and 000461.
3. Whether and which of the redactions are personally identifiable information only.
4. Whether Rep. Davis's own devices and accounts were searched (my Oct. 1 email; no answer).
5. Ms. Jayne re-sent the production on Oct. 1. That same day, I asked for the page count before and after de-duplication; Mr. Abrams declined. Please state whether de-duplication was within or across custodians and whether attachments were de-duplicated. 

B. Subpoenas to Matthew Keating, James Manning and ODVA (served Sept. 2; objections served Sept. 16)

My narrowed requests are in ECF 41, Ex. 1, Part B (15 requests, Dec. 1, 2024 to Mar. 19, 2026). For each request, please state whether you will produce and by what date.

1. Date range: the State's Sept. 16 response seeks to limit production to Jan. 27, 2025 through the July 3, 2025 complaint. Will you produce for Dec. 1, 2024 to Mar. 19, 2026? If not, on what basis?
2. Whether [redacted Gmail account] and [redacted Gmail account] were searched.
3. Privilege log for anything withheld, Rule 45(e)(2)(A).
4. Service: on August 18 you wrote, “I am representing both Brett Hanes and Senator Manning,” and on September 16 you objected on behalf of “the subpoenaed parties” without contesting service. I am treating service of the Manning and Keating subpoenas as accepted unless you tell me otherwise by Oct.1. If you contest service, please say so by then so I can have the US Marshals serve them personally.

C. Depositions of Ms. Perry and Ms. Boshart Davis

1. The Oct. 11 and 18 notices are withdrawn.
2. I work Monday through Wednesday, 10:00 AM to 2:00 PM, and Thursday through Saturday, 2:00 PM to 6:00 PM, as the owner of a small business, with family obligations on weekday evenings. No weekday leaves a continuous window for the seven hours Rule 30(d)(1) allows. Sunday does. I propose Sunday, October 25 at 3:00 PM for Ms. Perry, by video; please state whether Defendants will stipulate under Rule 30(b)(4). For Ms Boshart, Sunday, November 1 at 3:00 PM at 250 Broadalbin St. SW, Suite 104 Albany, OR 97321. If Defendants will not produce either witness on a Sunday, please state in writing by Oct. 12, citing the specific burden, and I will present the question to the Court under Rule 26(c)(1), where the party seeking to change the notice must show good cause.

D. Schedule

Fact discovery closes November 5. Under LR 29-1 the parties may not stipulate to extend a scheduling-order deadline, so I will move under LR 16-3(a) and Fed. R. Civ. P. 16(b)(4) to extend it to Nov. 20 for items A through C only, and to adjust the dispositive motion deadline accordingly. Please state by Oct. 1 whether Defendants join, do not oppose, or oppose the motion, and the basis for any opposition, so that I can include your position in my LR 7-1(a) certification.