Noel

MEMORANDUM **

Plaintiff Eric Noel appeals from the district court order disposing of all claims alleged against Herb Weisser. In a separate opinion, we affirm the district court’s grant of summary judgment for Weisser on Noel’s federal wiretap claims. In this disposition, we affirm the dismissal of the state law wiretapping claim under section 133.739 of the Oregon Revised Statutes, the grant of summary judgment for Weis-ser on the rest of the state law claims, and the denial of leave to file a fifth amended complaint.

1. Oregon Revised Statute § 133.739

Oregon law provides that “[a]ny person whose wire, electronic or oral communication was intercepted, disclosed, or used in violation of [Or.Rev.Stat.] 133.724, or 133.737 shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication.” Or.Rev.Stat. § 133.739 (emphasis added). Section 133.724 sets out the procedures by which a district attorney or a deputy district attorney may obtain an ex parte order for the interception of wire communication. Section 133.737 allows law enforcement personnel and others testifjdng…