Trimmier v. PeaceHealth

CourtDistrict Court, D. Oregon
DecidedMay 14, 2025
Docket6:22-cv-00243
StatusUnknown

This text of Trimmier v. PeaceHealth (Trimmier v. PeaceHealth) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trimmier v. PeaceHealth, (D. Or. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

BRENDA SALINAS NAVARETTE; Civ. No. 6:22-cv-00181-AA SHONNA HUNTER; JESSICA BERRA; 6:22-cv-00187-AA NANETTE TRIMMIER, 6:22-cv-00219-AA 6:22-cv-00243-AA Plaintiffs, OPINION & ORDER vs.

PEACEHEALTH,

Defendant. _______________________________________

AIKEN, District Judge: Plaintiffs Brenda Salinas Navarette, Shonna Hunter, Jessica Berra, and Nanette Trimmier bring religious discrimination claims against their former employer, Defendant PeaceHealth, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and under ORS 659A.030. See Compl., ECF No. 1. Before the Court is Plaintiffs’ Consolidated Motion for Leave to Amend, which also contains a Motion to Consolidate the cases going forward. For the reasons stated below, Plaintiffs’ Motions to Amend and Consolidate, ECF No. 37, are DENIED. BACKGROUND In February 2020, the global COVID-19 pandemic hit Oregon and the United States. In August 2021, the FDA approved the first COVID-19 vaccine. The Court takes judicial notice that, on August 5, 2021, the Oregon Health Authority (“OHA”) issued a rule requiring all Oregon healthcare providers and staff to be fully vaccinated against COVID-19 (the “OHA Vaccine Mandate”) by September 30, 2021, subject to medical or religious exemption as provided under existing federal law.

Former OAR 333-019-1010 (Aug. 5, 2021). “Courts may take judicial notice of . . . the ‘records and reports of administrative bodies.’” United States v. Ritchie, 342 F.3d 903, 909 (9th Cir. 2003) (quoting Interstate Nat. Gas Co. v. S. Cal. Gas Co., 209 F.2d 380, 385 (9th Cir. 1953)). In August 2021, Plaintiffs, employees at one of Defendant’s health care facilities, were notified that Defendant planned to implement a vaccine mandate in

the workplace. Navarette Compl. ¶¶ 5, 11; Hunter Compl. ¶¶ 5, 14, ECF No. 1; Berra Compl. ¶¶ 5, 10, ECF No. 1; Trimmier Compl. ¶¶ 5, 12, ECF No. 1. Plaintiffs were informed by Defendant that they could apply for a religious exemption to the vaccine. Navarette Compl. ¶ 11; Hunter Compl. ¶ 14; Berra Compl. ¶ 10; Trimmier Compl. ¶¶ 12, 13. In August 2021, Plaintiffs applied for and were granted religious exemptions. Navarette Compl. ¶¶ 12, 13; Hunter Compl. ¶¶ 16, 18; Berra Compl. ¶¶ 11, 12; Trimmier Compl. ¶ 13. Plaintiffs were placed on unpaid administrative leave and

were later terminated. Navarette Compl. ¶¶ 13, 17; Hunter Compl. ¶¶ 17, 22; Berra Compl. ¶¶ 12, 16; Trimmier Compl. ¶¶ 13, 16, 25. In February 2022, Plaintiffs filed individual state and federal religious discrimination claims against Defendant based on a failure to accommodate theory. Navarette Compl. ¶¶ 22, 27; Hunter Compl. ¶¶ 28, 33; Berra Compl. ¶¶ 21, 26; Trimmier Compl. ¶¶ 24, 29. On October 13, 2022, eight months into litigation, the Court issued a case management schedule that the parties had proposed. ECF No. 14. Under that schedule, all pleadings were to be filed and discovery was to be completed by March

3, 2023. The pleading deadline lapsed on March 3, 2023. On July 27, 2023, attorney Chackel filed notice of appearance on behalf of Plaintiffs, ECF No. 27. On May 23, 2024, Plaintiffs’ attorney Janzen, filed notice of withdrawal, ECF No. 30. On August 1, 2024, the Court ordered the four cases to be consolidated for Plaintiffs’ proposed Motion to Amend. ECF No. 35.

On September 9, 2024, Plaintiffs filed a motion to amend their complaints and a motion to consolidate the matter going forward. LEGAL STANDARD Under Federal Rule of Civil Procedure 15(a), “after a party has amended a pleading once as a matter of course, it may only amend further after obtaining leave of the court, or by consent of the adverse party.” Eminence Capital, LLC v. Aspeon,

Inc., 316 F.3d 1048, 1051 (9th Cir. 2003). Further, “leave shall be freely given when justice so requires.” Id. (internal quotation marks and citation omitted). In deciding whether to grant leave to amend under Rule 15(a), a court considers five factors: “(1) bad faith, (2) undue delay, (3) prejudice to the opposing party, (4) futility of amendment, and (5) whether plaintiff has previously amended his complaint.” In re W. States Wholesale Nat. Gas Antitrust Litig., 715 F.3d 716, 738 (9th Cir. 2013)

(quoting Allen v. City of Beverly Hills, 911 F.2d 367, 373 (9th Cir. 1990)). Where a party moves to amend after a court’s deadline for amending the pleadings, Rule 16 governs, and the party must show good cause and obtain the judge’s consent to modify the deadline set by the court. Fed. R. Civ. P. 16(b)(4). “[The]

‘good cause’ standard primarily considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). “If that party was not diligent, the inquiry should end.” Id. DISCUSSION Two and a half years into litigation and eighteen months after the pleading deadline lapsed, Plaintiffs move to amend their complaints. Plaintiffs further move

to consolidate all future “pleadings, motions[,] and court filings” in the matter. Pl. Mot. at 4. Defendant opposes both motions. I. Plaintiffs’ Motion to Amend When a party fails to file their motion to amend within the deadline set by a court’s scheduling order, Rule 16’s “more stringent ‘good cause’ showing” controls. AmerisourceBergen Corp. v. Dialysis W., Inc., 465 F.3d 946, 952 (9th Cir. 2006) (citing

Johnson, 975 F.2d at 608) (emphasis in original). Because Plaintiffs filed their Motion eighteen months after the pleading deadline lapsed, they must show “good cause” to amend their Complaint. As discussed below, Plaintiffs have not made a showing of good cause, which justifies denial of the motion under Rule 16. But even under the more lenient Rule 15 standard, Plaintiffs’ motion still fails. A. Rule 15 Plaintiffs argue that their very late Motion to Amend is justified “due to the recent discovery of new evidence that was improperly withheld from Plaintiffs for

over one[]year and which supports the [new] claims and allegations asserted in the [proposed] FAC.” Pl. Mot. at 2. Plaintiffs’ proposed FAC adds new facts and allegations and four new claims or theories of religious discrimination for each Plaintiff. See id. at 3–4. Under Rule 15, “[a] district court need not grant leave to amend where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces

an undue delay in litigation; or (4) is futile.” AmerisourceBergen, 465 F.3d at 951; Fed. R. Civ. P. 15. 1. Prejudice to Defendant Defendant argues that granting the motion to amend will cause it prejudice because Plaintiffs “seek to . . .

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