A & B Asphalt, Inc. et al v. Humbert Asphalt, Inc. et al
| A & B Asphalt, Inc. |
| Dan Humbert, Brad Humbert, John Does 1-5 and Humbert Asphalt, Inc. |
| 2:2013cv00104 |
| January 18, 2013 |
| US District Court for the District of Oregon |
| Pendleton (2) Office |
| Patricia Sullivan |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
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Filing
79
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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Filing
41
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)
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