Theresa Seeley v. Public Employees Retirement Board, Kevin Olinek, Yvette Elledge-Rhoades, Peter Ungern, Drew Glassroth, Carol Vogel, PERS Participating Employer #3818 - Portland Public Schools, James Young, Genevieve Rough, Ligena Hein, Galen Waldrep, and Sean Murray

District Court, D. Oregon·Decided February 2, 2026·No. 3:24-cv-01828·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

THERESA SEELEY, Case No.: 3:24-cv-01828-YY

Plaintiff, v. ORDER PUBLIC EMPLOYEES RETIREMENT BOARD, KEVIN OLINEK, YVETTE ELLEDGE-RHOADES, PETER UNGERN, DREW GLASSROTH, CAROL VOGEL, PERS PARTICIPATING EMPLOYER #3818 - PORTLAND PUBLIC SCHOOLS, JAMES YOUNG, GENEVIEVE ROUGH, LIGENA HEIN, GALEN WALDREP, and SEAN MURRAY,

Defendants.

Adrienne Nelson, District Judge: United States Magistrate Judge Youlee Yim You has issued three Findings and Recommendations ("F&Rs") in this case. First, on August 11, 2025, Judge You issued an F&R ("F&R One") addressing three motions: (a) defendants Portland Public Schools ("PPS"), Sean Murray, Galen Waldrep, Eilidth Lowery, PERS Participating Employer #3818 - Portland Public Schools, Genevieve Rough, Guadalupe Guerrero, Ligena Hein, and James Young's (together, the "PPS Defendants") Motion to Dismiss for Prior Action Pending and Motion to Declare Plaintiff a Vexatious Litigant; (b) self- represented plaintiff Theresa Seeley's Motion to Consolidate and Transfer; and (c) plaintiff's Motion to Declare the Defendants Vexatious Litigants. Second, on August 21, 2025, Judge You issued an F&R ("F&R Two") addressing plaintiff's Motion to Remand. Third and finally, on September 24, 2025, Judge You issued an F&R ("F&R Three") addressing dismissal of plaintiff's claims against defendants Oregon Public Employees Retirement Board ("PERB"), Kevin Olinek, Yvette Elledge-Rhoades, Peter Ungern, Drew Glassroth, and Carol Vogel's (together, the "PERB Defendants"). Plaintiff lodged objections to all three F&Rs. Defendants lodged no objections. These matters are now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). For the reasons described below, and after having undertaken a de novo review of the objected-to portions of the record and relevant filings, and a review for clear error of the remainder of the record, the Court adopts the three F&Rs in full. LEGAL STANDARD A district court judge may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). When a magistrate judge issues a findings and recommendation report related to a dispositive motion, and a party files objections, "the court shall make a de novo determination of those portions of the report." Id. No specific standard of review is required in the absence of objections. Thomas v. Arn, 474 U.S. 140, 152-54 (1985). However, the Advisory Committee notes to Federal Rule of Civil Procedure 72(b) recommend that unobjected to proposed findings and recommendations be reviewed for "clear error on the face of the record." Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment. PROCEDURAL BACKGROUND Numerous motions and F&Rs are currently pending in this case. To help sort through the somewhat complicated docket, the below briefly walks through the filings addressed by this Order: A. F&R One F&R One addresses three outstanding motions, as detailed below. F&R of August 11, 2025 ("F&R One"), ECF [80]. 1. PPS Defendants' Motion to Dismiss and Declare Plaintiff a Vexatious Litigant

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Theresa Seeley v. Public Employees Retirement Board, Kevin Olinek, Yvette Elledge-Rhoades, Peter Ungern, Drew Glassroth, Carol Vogel, PERS Participating Employer #3818 - Portland Public Schools, James Young, Genevieve Rough, Ligena Hein, Galen Waldrep, and Sean Murray, (D. Or. 2026).

Theresa Seeley v. Public Employees Retirement Board, Kevin Olinek, Yvette Elledge-Rhoades, Peter Ungern, Drew Glassroth, Carol Vogel, PERS Participating Employer #3818 - Portland Public Schools, James Young, Genevieve Rough, Ligena Hein, Galen Waldrep, and Sean Murray (Theresa Seeley v. Public Employees Retirement Board, Kevin Olinek, Yvette Elledge-Rhoades, Peter Ungern, Drew Glassroth, Carol Vogel, PERS Participating Employer #3818 - Portland Public Schools, James Young, Genevieve Rough, Ligena Hein, Galen Waldrep, and Sean Murray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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