American Industries, Inc. v. Fog Cutter Capital Group, Inc. et al
Plaintiff: American Industries, Inc.
Defendant: Andrew A. Wiederhorn, Fog Cutter Capital Group, Inc., Fog Cap Development LLC and Fog Cap Acceptance, Inc.
Case Number: 3:2012cv00522
Filed: March 23, 2012
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Dennis J Hubel
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 14, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2015 Opinion or Order Filing 43 AMENDED STIPULATED JUDGMENT: Based upon the stipulation of the parties, and there having been an uncured Default by defendants as set forth in their Settlement Agreement of October 26, 2012; It is hereby Ordered and Adjudged that plaintiff have judgment against defendants, and each of them, in the amount of $1,065,303.00, with simple interest of 5% thereon from April 22, 2015 until paid, plus attorneys' fees and costs incurred in connection with executing upon this Amended Stipulated Judgment. Signed on 5/14/15 by Magistrate Judge Dennis J. Hubel. (gm)
May 11, 2015 Filing 42 Notice re Motion for judgment #40 Notice in Support of Motion for Entry of Amended Stipulated Judgment Filed by American Industries, Inc.(an Oregon corporation) (Related document(s): Motion for judgment #40 .) (Weston, Cody)
April 22, 2015 Filing 41 Declaration of John Dempsey in Support of Motion for Entry of Amended Stipulated Judgment. Filed by American Industries, Inc.(an Oregon corporation). (Related document(s): Motion for judgment #40 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Weston, Cody)
April 22, 2015 Filing 40 Motion for Judgment Motion for Entry of Amended Stipulated Judgment. Filed by American Industries, Inc.(an Oregon corporation). (Attachments: #1 Exhibit A) (Weston, Cody)
December 3, 2012 Opinion or Order Filing 39 ORDER OF DISMISSAL: All of the parties' claims and counterclaims against each other are dismissed with prejudice and without costs or attorneys' fees to any party. It is further ordered that this Court retains jurisdiction over the parties' Settlement Agreement of October 26, 2012. Signed on 12/3/12 by Magistrate Judge Dennis J. Hubel. (kb)
November 27, 2012 Filing 38 Amended Proposed Form of Order Submitted Order of Dismissal. Filed by All Parties. (Weston, Cody)
November 27, 2012 Filing 37 Amended Stipulation Re Judgment in the Event of Default by All Parties. Filed by All Parties. (Attachments: #1 Exhibit A) (Weston, Cody)
November 27, 2012 Filing 36 Amended Stipulation of Dismissal by All Parties. Filed by All Parties. (Attachments: #1 Exhibit A) (Weston, Cody)
November 20, 2012 Filing 35 MINUTES of Proceedings: Telephone Status Conference held regarding the form of final document. James Hiller present as counsel for plaintiff(s). Cody Weston present as counsel for defendant(s). Court Reporter: KB/FTR. Magistrate Judge Dennis J. Hubel presiding. (kb)
November 9, 2012 Opinion or Order Filing 34 Scheduling Order by Magistrate Judge Dennis J. Hubel: A Telephone Status Conference is set for November 20, 2012 at 11:00 a.m., at which the court will address with the counsel the form of the parties' final documents to be filed in the case. (kb)
November 6, 2012 Filing 33 Proposed Form of Order Submitted . Filed by American Industries, Inc.(an Oregon corporation). (Weston, Cody)
November 6, 2012 Filing 32 Stipulation re Judgment in the Event of Default by American Industries, Inc.(an Oregon corporation). Filed by American Industries, Inc.(an Oregon corporation). (Attachments: #1 Exhibit A) (Weston, Cody)
November 6, 2012 Filing 31 Stipulation of Dismissal by American Industries, Inc.(an Oregon corporation). Filed by American Industries, Inc.(an Oregon corporation). (Attachments: #1 Exhibit A) (Weston, Cody)
October 18, 2012 Filing 30 Answer to #29 Amended Complaint Affirmative Defenses, Counterclaim American Industries, Inc.. Filed by Fog Cap Acceptance, Inc., Andrew A. Wiederhorn, Fog Cutter Capital Group, Inc., Fog Cap Development LLC. (Hiller, James)
September 21, 2012 Filing 29 Amended Complaint . Filed by American Industries, Inc. against Fog Cap Acceptance, Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Weston, Cody)
September 19, 2012 Opinion or Order Filing 28 ORDER: Granting Motion for Leave to File Amended Complaint #23 . Amended Complaint is due 9/26/2012. Signed on 9/19/12 by Magistrate Judge Dennis J. Hubel. (kb)
September 13, 2012 Filing 27 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ecp)
July 31, 2012 Filing 26 Reply in Support to Motion for Leave to File Amended Complaint/Petition #23 . Filed by American Industries, Inc.. (Weston, Cody)
July 30, 2012 Filing 25 Response to Motion for Leave to File Amended Complaint/Petition #23 . Filed by All Defendants. (Hiller, James)
July 13, 2012 Filing 24 Plaintiff's Memorandum in Support of Motion for Leave to Amend Complaint. Filed by American Industries, Inc.. (Related document(s): Motion for Leave to File Amended Complaint/Petition #23 .) (Attachments: #1 Exhibit 1) (Weston, Cody)
July 13, 2012 Filing 23 Motion for Leave to File Amended Complaint/Petition . Filed by American Industries, Inc.. (Weston, Cody)
July 2, 2012 Opinion or Order Filing 22 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Motion for Disclosure Defendant's FRCP 7.1/LR 7.1-1 #21 filed by Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn, Fog Cap Acceptance, Inc., Fog Cap Development LLC. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The above document was filed using the wrong civil event. The Corporate Disclosure event should have been selected, not a motion event. The docket text has been change to Corporate Disclosure Statement and the pending motion and any corresponding deadlines to the motion have been terminated.. (ecp)
June 26, 2012 Filing 21 Corporate Disclosure Statement Defendant's FRCP 7.1/LR 7.1-1. Filed by All Defendants. (Hitt, Danny) Modified on 7/2/2012 (ecp).
June 20, 2012 Opinion or Order Filing 20 Jury Trial Management Order. Signed on 6/20/12 by Magistrate Judge Dennis J. Hubel. (kb)
June 19, 2012 Filing 19 MINUTES of Proceedings: Record of Rule 16 Conference. Tonkon Torp, LLCs Motion to Withdraw as Counsel for Record #17 for plaintiff is GRANTED. ORDER - setting a new case schedule. Magistrate Judge Dennis J. Hubel presiding. (see formal order) (kb)
June 19, 2012 Filing 18 Declaration of Steven D. Olson in Support of Unopposed Motion to Withdraw as Counsel. Filed by American Industries, Inc.. (Related document(s): Motion to Withdraw/Substitute Attorney #17 .) (Olson, Steven)
June 19, 2012 Filing 17 Unopposed Motion to Withdraw or Substitute an Attorney . Filed by American Industries, Inc.. (Olson, Steven)
June 19, 2012 Filing 16 Notice of Appearance of Cody M. Weston appearing on behalf of American Industries, Inc. Filed by on behalf of American Industries, Inc. (Weston, Cody)
June 14, 2012 Opinion or Order Filing 15 Scheduling Order by Magistrate Judge Dennis J. Hubel: Due to a conflict that has arisen on the court's calendar, the Rule 16 Conference set for June 19, 2012, is RESET to 11:30 a.m. (change in time only). (kb)
May 25, 2012 Filing 14 Reply to Defendants' Answer and Affirmative Defenses and Counterclaims. Filed by American Industries, Inc.. (Related document(s): Answer to Complaint, Counterclaim,, #12 .) (Olson, Steven)
May 4, 2012 Opinion or Order Filing 13 Scheduling Order by Magistrate Judge Dennis J. Hubel: A Rule 16 Conference is set for June 19, 2012, at 10:30 a.m., by telephone. The court will place the call. (see formal order) (kb)
May 1, 2012 Filing 12 Answer to #1 Complaint, Defendants' Answer, Affirmative Defenses and Counterclaims, Counterclaim Against American Industries, Inc.. Filed by Fog Cap Acceptance, Inc., Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn, Fog Cap Development LLC. (Hiller, James)
April 17, 2012 Opinion or Order Filing 11 ORDER: Defendants' Unopposed Motion for Extension for Time to File First Responsive Pleading #10 is GRANTED, up to and including 5/1/2012. Ordered by Magistrate Judge Dennis J. Hubel. (kb)
April 16, 2012 Filing 10 Unopposed Motion for Extension of Time to Answer Defendants' Unopposed Motion for Extension for Time to File First Responsive Pleadings Complaint, #1 . Filed by All Defendants. (Hiller, James)
April 2, 2012 Filing 9 Summons Returned Executed. as to Andrew A. Wiederhorn served on 3/28/2012, answer due on 4/18/2012 Filed by American Industries, Inc.. (Olson, Steven)
April 2, 2012 Filing 8 Summons Returned Executed. as to Fog Cap Development LLC served on 3/27/2012, answer due on 4/17/2012 Filed by American Industries, Inc.. (Olson, Steven)
March 28, 2012 Opinion or Order Filing 7 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Summons Returned Executed #5 filed by American Industries, Inc.. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The incorrect party was selected during filing, the docket text will be modified to show that Fog Cap Acceptance, Inc. was served. (sss)
March 28, 2012 Filing 6 Summons Returned Executed. as to Fog Cutter Capital Group, Inc. served on 3/27/2012, answer due on 4/17/2012 Filed by American Industries, Inc.. (Olson, Steven)
March 28, 2012 Filing 5 Summons Returned Executed. as to Fog Cap Acceptance, Inc. , served on 3/27/2012, answer due on 4/17/2012 Filed by American Industries, Inc.. (Olson, Steven) Modified to show correct party served on 3/28/2012 (sss).
March 23, 2012 Opinion or Order Filing 4 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Dennis J. Hubel. Discovery is to be completed by 7/23/2012. Joint Alternate Dispute Resolution Report is due by 8/20/2012. Pretrial Order is due by 8/20/2012. Ordered by Magistrate Judge Dennis J. Hubel. (ecp)
March 23, 2012 Opinion or Order Filing 3 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Corporate Disclosure Statement #2 and Complaint, #1 filed by American Industries, Inc.. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record:The incorrect division code in the case number was stamped on the Complaint and Corporate Disclosure Statement. The correct case number is 3:12-cv-00522-HU. In future filings please be sure to include the correct division code in your case number in the above format. (ecp)
March 23, 2012 Filing 2 Corporate Disclosure Statement. Filed by American Industries, Inc.. (ecp)
March 23, 2012 Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 46087. Summons issued as to all defendants. Jury Trial Requested: No. Filed by American Industries, Inc. against All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Issued Summons) (ecp)

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Defendant: Andrew A. Wiederhorn
Represented By: James L. Hiller
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Defendant: Fog Cutter Capital Group, Inc.
Represented By: Danny L. Hitt
Represented By: James L. Hiller
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Defendant: Fog Cap Development LLC
Represented By: James L. Hiller
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Defendant: Fog Cap Acceptance, Inc.
Represented By: James L. Hiller
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Plaintiff: American Industries, Inc.
Represented By: Frank J. Weiss
Represented By: Cody M. Weston
Represented By: Stephen F. English
Represented By: Steven D. Olson
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