A & B Asphalt, Inc. et al v. Humbert Asphalt, Inc. et al

Defendant: Dan Humbert, Brad Humbert, John Does 1-5 and Humbert Asphalt, Inc.
Plaintiff: A & B Asphalt, Inc.
 
Case Number: 2:2013cv00104
Filed: January 18, 2013
 
Court: Oregon District Court
Office: Pendleton (2) Office
Presiding Judge: Patricia Sullivan
 
Nature of Suit: Personal Property: Other
Cause of Action: 28:1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 26, 2013 41 Opinion or Order of the Court ORDER on Motion to Take Limited Discovery and File Sur-Reply 25 . plaintiff's Motion for Leave to Take Limited Discovery (doc. # 25 ) is GRANTED, in part, as follows: The issuance of subpoenas for the depositions of Kenneth Hanafin and J ohn Royse is allowed. The depositions shall be limited to subjects addressed in Hanafin's signed witness statement and draft declaration, to subjects addressed in Royse's draft declaration and the reason for Mr. Royse declining to sign the declaration. The motion is DENIED with regard to the depositions of Don Bush and Greg Basel. Further, plaintiff's Motion to File a Sur-Reply is GRANTED. Upon completion of the depositions, plaintiff shall submit its Sur-Reply within 10 days. Defendants may respond to the Sur-Reply within 10 days of its filing. Signed on 6/26/2013 by Magistrate Judge Patricia Sullivan. (jtj)
July 24, 2014 79 Opinion or Order of the Court ORDER - The Court ADOPTS IN PART Judge Sullivan's Findings and Recommendation, Dkt. 71 . The Court adopts all portions of the F&R except for the finding relating to the causation element of the CPA claim, which the Court need not reach to resolve the pending motions. A&B's motion to dismiss is GRANTED and motion to strike is GRANTED IN PART. Humbert's two counterclaims are dismissed and its sixth and seventh affirmative defenses are stricken, without prejudice. A&B's motion to strike Humbert's first, second, and eighth affirmative defenses is DENIED. Signed on 7/24/2014 by Judge Michael H. Simon. (mja)

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Defendant: Dan Humbert
Represented By: Jay Richard Chock
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Defendant: Brad Humbert
Represented By: Jay Richard Chock
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Defendant: John Does 1-5
Represented By: Jay Richard Chock
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Defendant: Humbert Asphalt, Inc.
Represented By: Jay Richard Chock
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Plaintiff: A & B Asphalt, Inc.
Represented By: Kerry J. Shepherd
Represented By: Keith E. McIntire
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