Demmings v. KKW Trucking, Inc.
| Neil C. Scott and Roderick Demmings |
| KKW Trucking, Inc. |
| 3:2014cv00494 |
| March 25, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H Simon |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.
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Filing 110
Order Approving Cy Pres Distribution of Settlement Funds. Signed on 12/6/2019 by Judge Michael H. Simon. (mja)
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| Filing 109 Joint Motion for Disbursement of Funds to Cy Pres. Filed by Roderick Demmings. (Attachments: #1 Proposed Order) (Dooley, Matthew) |
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Filing 108
Judgment - IT IS HEREBY ADJUDGED that this case and all claims asserted by Plaintiff and the members of the Settlement Classes and Subclasses as defined by the Court in its Opinion and Order Approving Settlement, Attorney's Fees, Expenses, and Incentive Award are dismissed with prejudice. Signed on 9/19/2018 by Judge Michael H. Simon. (mja)
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Filing 107
Opinion and Order Approving Settlement, Attorney Fees, Expenses, and Incentive Award - Plaintiff's unopposed motion for Final Approval of Class Action Settlement (ECF #99 ) is GRANTED. Plaintiff's unopposed motion for Attorney's Fees, Costs and Service Award (ECF #98 ) is GRANTED IN PART. Plaintiff is awarded $165,000 in attorney's fees. The remaining funds set aside for attorney's fees shall revert to the Class Recovery Fund. Plaintiff is additionally awarded, to be paid from the Class Recovery Fund, the following: $18,908.50 in attorney expenses; $7,500 to the Class Representative as an incentive award; and $10,338 to pay the claims administrator. This case is dismissed, but the Court retains jurisdiction over the parties and all matters relating to the Lawsuit and the Amended Stipulation, including the administration, interpretation, construction, effectuation, enforcement, and consummation of the settlement and this Opinion and Order. Signed on 9/19/2018 by Judge Michael H. Simon. (mja)
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| Filing 106 Supplemental Affidavit of Kimberly K. Ness with Respect to CAFA Notice Activities. Filed by Roderick Demmings. (Related document(s): Supplement #105 .) (Dooley, Matthew) |
| Filing 105 Supplement Brief in Support of Final Approval of Class Action Settlement. Filed by Roderick Demmings. (Related document(s): Motion - Miscellaneous #99 .) (Dooley, Matthew) |
| Filing 104 Minutes of Proceedings: Order - Plaintiff shall submit supplemental briefing within one week as stated on the record. Plaintiff's pending motions (ECF #98 & #99 ) will be taken under advisement on 9/12/2018. Justin M. Baxter and Matthew A. Dooley present as counsel for plaintiff(s). LeiLani J. Hart and Chad J. Kaldor present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 103 Brief in Response to Court's August 31, 2018 Order. Filed by Roderick Demmings. (Related document(s): Scheduling,,,,,,,,,,,, 101 .) (Attachments: #1 Declaration of Matthew A. Dooley, #2 Exhibit A - Index, #3 Exhibit B - Detailed Fee Statement) (Dooley, Matthew) |
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Filing 102
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Scheduling, 101 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and, if necessary, regenerate the Notice of Electronic Filing to all parties: Order 101 incorrectly states Plaintiff's brief is due on September 4, 2019, instead of September 4, 2018. The Clerk is directed to correct the text and notify the parties. (mja)
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Filing 101
Order - Plaintiff's Motion for Attorney's Fees, Costs, and Class Representative Service Award (ECF #98 ) was filed on August 6, 2018. As directed by the Court, this motion was filed before the deadline for Class Members to object to the class settlement or to object to Class Counsel's request for attorney's fees. When the Court denied Plaintiff's first motion for preliminary approval of proposed settlement, the Court noted that Plaintiff's originally-proposed schedule violated Rule 23(h) of the Federal Rules of Civil Procedure, as explained by the Ninth Circuit. In re Mercury Interactive Corp. Sec. Litig., 618 F.3d 988, 993-94 (9th Cir. 2010) ("The plain text of [Rule 23(h)] requires a district court to set the deadline for objections to counsel's fee request on a date after the motion and documents supporting it have been filed.... Allowing class members an opportunity thoroughly to examine counsel's fee motion, inquire into the bases for various charges and ensure that they are adequately documented and supported is essential for the protection of the rights of class members." (first emphasis in original, second emphasis added)). Plaintiff's counsel, however, did not file the "documents" supporting their fee motion. Plaintiff's counsel requests that the Court use the lodestar method and relies on their hours expended, but Plaintiff's counsel did not file their time records. Plaintiff's counsel merely filed a summary of total hours worked by each attorney, and offered to make the time records available for the Court's review at the final fairness hearing. The Court orders Plaintiff to file a brief of no more than five pages, by noon on Tuesday, September 4, 2018, explaining how a summary of hours and an offer to bring time records to the final fairness hearing complies with the directive of In re Mercury that supporting documents must be filed before the deadline for objections so that class members may have the opportunity to thoroughly examine the various charges. Further, the Court notes that Plaintiff's motion for attorney's fees references reasonable hourly rates in the Western District of Washington and cites to cases in that district. If Plaintiff wishes to explain why the Court should consider hourly rates in that district instead of the District of Oregon, or supplement Plaintiff's motion with authority relating to reasonable rates in the District of Oregon, Plaintiff may do so within the five-page limit of his supplemental brief due on Tuesday. Finally, Class Counsel requests $40,665.06 in costs but has provided no supporting documentation relating to those costs. If Plaintiff's counsel would like this cost request considered by the court, counsel may file supporting documentation relating to the requested costs, such as invoices or receipts, as well as a memorandum explaining how such a late submission is consistent with the Ninth Circuit's requirements in Mercury, on or before noon on Tuesday, September 4, 2018. Ordered by Judge Michael H. Simon. (mja) Modified on 8/31/2018 to correct year from September 4, 2019 to September 4, 2018 (mja).
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| Filing 100 Notice of Class Action Settlement Exclusion List Filed by Roderick Demmings. (Attachments: #1 Exhibit A - KKW Class Action Settlement Exclusion List) (Dooley, Matthew) |
| Filing 99 Motion for Final Approval of Settlement. Filed by Roderick Demmings. (Attachments: #1 Affidavit of Mailing, #2 Proposed Order) (Dooley, Matthew) |
| Filing 98 Motion for Attorney Fees , costs and Incentive Award. Filed by Roderick Demmings. (Attachments: #1 Declaration of Matthew A. Dooley) (Dooley, Matthew) |
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Filing 97
Order - The Court grants Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Class Action Settlement (ECF #95 ), preliminarily approves the Amended Stipulation of Settlement (ECF #96 ), and schedules a Final Approval Fairness Hearing for September 5, 2018 at 1:30 p.m. in Courtroom 15B. Signed on 5/21/2018 by Judge Michael H. Simon. (mja)
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| Filing 96 Amended Stipulation of Settlement by Roderick Demmings. Filed by Roderick Demmings. (Attachments: #1 Exhibit A - Class Notices, #2 Exhibit B - Notice Order, #3 Exhibit C - Exclusion Form, #4 Exhibit D - Individual Settlement Agreement) (Dooley, Matthew) |
| Filing 95 Unopposed Motion For Preliminary Approval of Class Action Settlement (Renewed). Filed by Roderick Demmings. (Attachments: #1 Declaration of Matthew A. Dooley) (Dooley, Matthew) |
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Filing 94
ORDER - For the reasons stated in this Order, the Court DENIES Plaintiff's unopposed motion for preliminary approval of proposed settlement (ECF #92 ) without prejudice and with leave to file an amended motion consistent with this Order if the parties choose to do so. Signed on 4/16/2018 by Judge Michael H. Simon. (mja)
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| Filing 93 Stipulation of Settlement by Roderick Demmings. Filed by Roderick Demmings. (Attachments: #1 Exhibit A - Class Notices, #2 Exhibit B - Notice Order, #3 Exhibit C - Exclusion Form, #4 Exhibit D - Individual Settlement Agreement) (Dooley, Matthew) |
| Filing 92 Unopposed Motion for Preliminary Approval of Class Action Settlement. Filed by Roderick Demmings. (Attachments: #1 Declaration of Matthew A. Dooley) (Dooley, Matthew) |
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Filing 91
ORDER - The Parties' Joint Motion for Extension of Time to File Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement (ECF #90 ) is GRANTED up to and including 3/30/2018. Ordered by Judge Michael H. Simon. (mja)
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| Filing 90 Joint Motion for Extension of Time to File Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement. Filed by Roderick Demmings. (Attachments: #1 Proposed Order) (Dooley, Matthew) |
| Filing 89 Notice of Appearance of LeiLani J. Hart appearing on behalf of KKW Trucking, Inc. Filed by on behalf of KKW Trucking, Inc.. (Hart, LeiLani) |
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Filing 88
ORDER - The parties shall file their Stipulation of Settlement and their Joint Motion for Preliminary Approval of Propose Class Settlement on or before March 2, 2018. Signed on 2/6/2018 by Judge Michael H. Simon. (mja)
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| Filing 87 Joint Motion for Extension of Time to File Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement. Filed by KKW Trucking, Inc.. (Attachments: #1 Proposed Order) (Kaldor, Chad) |
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Filing 86
ORDER - The Parties' Joint Motion for Extension of Time to File Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement #85 is GRANTED up to and including 2/6/2018. Signed on 1/9/2018 by Judge Michael H. Simon. (mja)
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| Filing 85 Joint Motion for Extension of Time to File Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement. Filed by Roderick Demmings. (Attachments: #1 Proposed Order) (Dooley, Matthew) |
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Filing 84
ORDER - Based on the Parties' Joint Motion for Scheduling Order and Notice of Settlement (ECF #83 ), it is hereby ORDERED that the Parties shall file their Stipulation of Settlement and Joint Motion for Preliminary Approval of Proposed Class Settlement on or before January 16, 2018. All other deadlines, including the pretrial conference set for August 13, 2018, and the jury trial set to commence on August 20, 2018, are STRICKEN. Signed on 12/11/2017 by Judge Michael H. Simon.
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| Filing 83 Joint Motion for Order re Scheduling and Notice of Settlement. Filed by Roderick Demmings. (Attachments: #1 Proposed Order) (Dooley, Matthew) |
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Filing 82
Trial Management Order. Ordered by Judge Michael H. Simon. (mja)
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| Filing 81 MINUTES of Telephone Rule 16 Conference: Order - Setting a case schedule as follows: (1) Class discovery closes on December 29, 2017; (2) motion for class certification is due by January 26, 2018; (3) merits discovery closes February 26, 2018; (4) response in opposition to motion for class certification is due by February 26, 2018; (5) reply in support of motion for class certification is due by March 12, 2018; (6) amendment of pleadings and addition of parties to be completed by March 26, 2018; (7) dispositive motions are due by March 26, 2018; (8) responses to dispositive motions are due by April 26, 2018; (9) replies to dispositive motions are due by May 10, 2018; (10) a Pretrial Conference is set for August 13, 2018 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon; and (11) a five-day Jury Trial is set for August 20, 2018 at 9:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Trial management order to follow. Matthew A. Dooley and Justin M. Baxter present as counsel for Plaintiff. Rod M. Fliegel and Chad J. Kaldor present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 80
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Rule 16 Conference, 79 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Minute Order (ECF #79) was entered in this case in error and is stricken from the record. (mja)
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| Filing 79 MINUTES of Telephone Conference: Order - Discovery and all other previously imposed deadlines are suspended until further order of the Court. As discussed on the record, the parties shall exchange all relevant documents by September 22, 2017. The parties are directed to participate in a Judicial Settlement Conference with U.S. Magistrate Judge Stacey F. Beckerman. Judge Beckerman's Courtroom Deputy, Giselle Williams, can be reached at (503) 326-8022, email: Giselle_Williams@ord.uscourts.gov. Scott Talmage Cliff present as counsel for Plaintiff. Walter Christopher Crawford pro se present for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) Modified on 8/22/2017 (mja). |
| Filing 78 Joint Proposed Joint Case Management Schedule . Filed by KKW Trucking, Inc.. (Brauner, Adam) |
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Filing 77
Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the Telephone Rule 16 Conference from 8/22/2017 at 2:00PM to 8/22/2017 at 01:00PM. The Conference call-in number remains the same and can be found under seal on the docket. Ordered by Judge Michael H. Simon. (mja)
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Filing 76
Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is resetting the Telephone Scheduling Conference from 7/26/2017 to 8/22/2017 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 75
ORDER - Defendant's Motion to Extend Date of Conference (ECF #74 ) is GRANTED. The Telephone Scheduling Conference set for 6/19/2017 is STRICKEN and RESET to 7/26/2017 at 03:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon.
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| Filing 74 Unopposed Motion for Extension of Time to Extend Date of Conference. Filed by KKW Trucking, Inc.. (Brauner, Adam) |
| Filing 73 Notification of CM/ECF Account for Chad J. Kaldor (Pro Hac Vice admission). Your login is: cjkaldor. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 72
ORDER: Granting Application for Special Admission Pro Hac Vice of Chad J. Kaldor for KKW Trucking, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5019139 issued. Signed on 5/25/2017 by Judge Michael H. Simon. (ecp)
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| Filing 71 Notification of CM/ECF Account for Rod M. Fliegel (Pro Hac Vice admission). Your login is: rmfliegel. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 70
ORDER: Granting Application for Special Admission Pro Hac Vice of Rod M. Fliegel for KKW Trucking, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5019109 issued. Signed on 5/25/2017 by Judge Michael H. Simon. (ecp)
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| Filing 69 Motion for Leave to Appear Pro Hac Vice for Attorney Chad J. Kaldor . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5019139. Filed by KKW Trucking, Inc.. (Brauner, Adam) |
| Filing 68 Motion for Leave to Appear Pro Hac Vice for Attorney Rod M. Fliegel . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5019109. Filed by KKW Trucking, Inc.. (Brauner, Adam) |
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Filing 67
Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Conference to set a case schedule for 6/19/2017 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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| Filing 66 Notice of Substitution of Counsel Filed by KKW Trucking, Inc. (Brauner, Adam) |
| Filing 65 Answer to #50 Amended Complaint, . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 64 Answer to #50 Amended Complaint, . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
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Filing 63
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Opinion #62 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The Opinion and Order (ECF #62 ) has been replaced to correct a clerical error. The Clerk is directed to notify the parties of the replaced Opinion. (mja)
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Filing 62
Opinion and Order - Defendant KKW Trucking, Inc.'s Renewed Motion to Dismiss (ECF #51 ) is DENIED. Signed on 3/29/2017 by Judge Michael H. Simon. (mja) (Main Document 62 replaced on 3/30/2017) (eo).
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| Filing 61 Response in Opposition to Plaintiff's Notice of Supplemental Authority to Renewed Motion to Dismiss #51 . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
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Filing 60
Order - Defendant may file a response to Plaintiff's Notice of Supplemental Authority (ECF #59 ). If Defendant chooses to file a response, it may be no more than seven pages and must be filed on or before Friday, March 24, 2017, at noon. Ordered by Judge Michael H. Simon. (mja)
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| Filing 59 Notice of Supplemental Authority in Support of Plaintiff's Memorandum in Opposition to Defendant's Renewed Motion to Dismiss Filed by Roderick Demmings (Attachments: #1 Exhibit A - Syed v. M-I, LLC., No. 14-17186 (9th Cir. Jan. 20, 2017), #2 Exhibit B - Terrell v. Costco Wholesale Corp., No. C16-1415JLR, 2017 WL 951053 (W.D. Wash. Mar. 10, 2017)) (Dooley, Matthew) |
| Filing 58 Reply In Support of Renewed to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #35 Oral Argument requested. Filed by KKW Trucking, Inc.. (Woods, Dennis) |
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Filing 57
Order - The parties' stipulated motion to extend Defendant's deadline to reply to Plaintiff's renewed motion to dismiss (ECF #56 ) is GRANTED. Reply is due by 1/18/2017. Ordered by Judge Michael H. Simon. (mja)
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| Filing 56 Stipulation re: Motion to Extend Defendant's Deadline to Reply by KKW Trucking, Inc.. Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 55 Memorandum in Opposition to Renewed Motion to Dismiss #51 . Filed by Roderick Demmings. (Dooley, Matthew) |
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Filing 54
Order - The parties' stipulation for extension of time to respond to Defendant's renewed motion to dismiss (ECF #53 ) is GRANTED. Plaintiff's response is due by 12/22/2016. Ordered by Judge Michael H. Simon. (mja)
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| Filing 53 Stipulation re Renewed Motion to Dismiss #51 for Extension of Time to Respond by Roderick Demmings. Filed by Roderick Demmings. (Dooley, Matthew) |
| Filing 52 Declaration of Andrew T. Gust in Support of Renewed Motion to Dismiss. Filed by KKW Trucking, Inc.. (Related document(s): Motion to Dismiss #51 .) (Attachments: #1 Exhibit) (Woods, Dennis) |
| Filing 51 Renewed Motion to Dismiss . Oral Argument requested. Filed by KKW Trucking, Inc.. (Woods, Dennis) Modified on 11/29/2016 to correct title of motion from "redacted" to "renewed" per counsel's instruction (mja). Modified on 11/29/2016 (mja). |
| Filing 50 Second Amended Complaint . Filed by Roderick Demmings against KKW Trucking, Inc. (Attachments: #1 Exhibit A - Employee or Prospective Employee Request, #2 Exhibit B- March 25, 2014 Report and Letter from Hireright, #3 Exhibit C- Email communication re Qualification, #4 Exhibit D- Email communication re Job Denial). (Dooley, Matthew) |
| Filing 49 MINUTES of Oral Argument Hearing: Order - Defendant's motion to dismiss (ECF #35 ) is DENIED without prejudice and with leave to renew for the reasons stated on the record. Plaintiff Demmings may file a second amended complaint within 14 days of today's date. Justin M. Baxter and Matthew A. Dooley present as counsel for plaintiff(s). Andrew T. Gust present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 48 Supplement Defendant KKW Trucking, Inc.'s Supplemental Authorities. Filed by KKW Trucking, Inc.. (Related document(s): Motion to Dismiss #35 .) (Attachments: #1 Exhibit Exh A - Nokchan v. Lyft, #2 Exhibit Exh B - Larroque v. First Advantage, #3 Exhibit Exh C - Noori v. Vivint, #4 Exhibit Exh D - Landrum v. Blackbird) (Gust, Andrew) |
| Filing 47 Second Notice re Memorandum in Opposition #39 of Supplemental Authority Filed by Roderick Demmings (Related document(s): Memorandum in Opposition #39 .) (Attachments: #1 Exhibit A - Moody v. Ascenda USA Inc, #2 Exhibit B - Firneno v. Radner Law Grp., PLLC, #3 Exhibit C - American Farm Bureau Federation v. EPA, #4 Exhibit D - Perrill v. Equifax Info. Servs., LLC) (Dooley, Matthew) |
| Filing 46 Notice re Memorandum in Opposition #39 Supplemental Authority Filed by Roderick Demmings (Related document(s): Memorandum in Opposition #39 .) (Attachments: #1 Meza v. Verizon Communications, Inc., et al) (Dooley, Matthew) |
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Filing 45
Order - At the Defendant's request, the declaration of Andrew T. Gust (ECF #43 ) is WITHDRAWN. Ordered by Judge Michael H. Simon. (mja)
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Filing 44
Order - Setting Oral Argument on Defendant's Motion to Dismiss (ECF #35 ) for 10/26/2016 at 03:00PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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| Filing 43 (WITHDRAWN SEE Dkt #45) Declaration of Andrew T. Gust . Filed by KKW Trucking, Inc.. (Related document(s): Reply to Motion #42 .) (Attachments: #1 Exhibit, #2 Exhibit) (Gust, Andrew) Modified on 9/26/2016 (mja). |
| Filing 42 Reply to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #35 . Filed by KKW Trucking, Inc.. (Gust, Andrew) |
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Filing 41
ORDER: Stipulated Motion to Extend Defendant's Deadline to Reply #40 is GRANTED. Defendant's Reply to Plaintiff's Opposition to KKW Trucking Inc.'s Motion to Dismiss #35 is due by 9/2/2016. Ordered by Judge Michael H. Simon. (pvh)
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| Filing 40 Stipulated Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #35 . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 39 Memorandum in Opposition to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #35 . Filed by Roderick Demmings. (Dooley, Matthew) |
| Filing 38 Notice of Firm Name Change Filed by KKW Trucking, Inc. (Woods, Dennis) |
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Filing 37
ORDER - The parties' stipulation for an extension of time to respond to Defendant's motion to dismiss #36 is GRANTED. Plaintiff's response is due by 8/9/2016. Ordered by Judge Michael H. Simon. (mja)
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| Filing 36 Motion for Extension of Time to Respond to Defendant's Motion to Dismiss by Roderick Demmings. Filed by Roderick Demmings. (Dooley, Matthew) Modified on 7/25/2016 to correct event (dsg). |
| Filing 35 Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by KKW Trucking, Inc.. (Gust, Andrew) |
| Filing 34 Joint Status Report . Filed by KKW Trucking, Inc.. (Gust, Andrew) |
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Filing 33
ORDER - Granting the Parties' Joint Motion for Stay #32 . The Parties are permitted to file motions and proposed scheduling orders after the Supreme Court files its decision in Spokeo, Inc., v. Robins, No. 13-1339, 135 S. Ct. 1892 (2015). The Parties are directed to file a Joint Status Report once a the Supreme Court files its decision. Ordered by Judge Michael H. Simon. (mja)
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| Filing 32 Joint Motion for Stay MOTION TO STAY PROCEEDINGS PENDING U.S. SUPREME COURT DECISION IN SPOKEO, INC. V. ROBINS. Filed by All Defendants. (Woods, Dennis) Modified on 12/11/2015 to correct ex parte filing pursuant to the parties request, (mja). |
| Filing 31 Joint Status Report . Filed by KKW Trucking, Inc.. (Gust, Andrew) |
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Filing 30
ORDER - The Parties Joint Motion for Stay of Proceedings #29 is GRANTED. Joint Status Report due by 11/9/2015. Ordered by Judge Michael H. Simon. (mja)
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| Filing 29 Joint Motion for Stay and Joint Status Report. Filed by KKW Trucking, Inc.. (Woods, Dennis) |
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Filing 28
Order - The Parties Joint Motion to Stay Proceedings Pending Mediation #27 is GRANTED. Signed on 8/5/2015 by Judge Michael H. Simon. (mja)
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| Filing 27 Joint Motion for Stay Proceedings Pending Mediation. Filed by Roderick Demmings. (Attachments: #1 Proposed Order) (Dooley, Matthew) |
| Filing 26 Stipulated Notice of Dismissal of Party Neil C. Scott Without Prejudice Filed by All Plaintiffs (Dooley, Matthew) |
| Filing 25 Answer to #24 Amended Complaint . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 24 First Amended Complaint . Filed by Neil C. Scott, Roderick Demmings against KKW Trucking, Inc.. (Dooley, Matthew) |
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Filing 23
ORDER - GRANTING Plaintiff's Motion for Leave to File an Amended Complaint #20 . Good cause having been shown under Fed. R. Civ. P. 16(b)(4) and justice so requiring under Fed. R. Civ. P. 15(a)(2), Plaintiff has leave to file the proposed amended. In order to reduce any potential prejudice, Defendant may serve an additional 25 interrogatories on Plaintiff beyond the original 25 interrogatories allowed under Fed. R. Civ. P. 33(a)(1). Ordered by Judge Michael H. Simon. (mja)
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| Filing 22 Declaration of Dennis Woods in Support of Defendant's Opposition to Plaintiff's Motion for Leave to File Amended Complaint. Filed by KKW Trucking, Inc.. (Related document(s): Response in Opposition to Motion #21 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Woods, Dennis) |
| Filing 21 Response in Opposition to Motion for Leave to File Amended Complaint/Petition #20 . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 20 Motion for Leave to File Amended Complaint/Petition . Filed by Neil C. Scott. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Declaration of Matthew A. Dooley, #3 Exhibit A-1 Correspondence to Mr. Baxter dated 8.28.2015, #4 Exhibit A-2 Email dated 9.8.2014, #5 Exhibit A-3 Email dated 10.7.2014, #6 Exhibit A-4 Email dated 10.14.2014, #7 Exhibit A-5 Email dated 10.27.2014, #8 Exhibit A-6 Correspondence to Mr. Pecora dated 12.5.2014, #9 Exhibit A-7 Correspondence to Mr. Gust dated 12.23.2014, #10 Exhibit A-8 Email dated 1.2.2015, #11 Exhibit A-9 Email dated 1.5.2015, #12 Exhibit A-10 Interrogatory Answers, #13 Exhibit A-11 Email dated 5.4.2015, #14 Exhibit A-12 Email dated 5.13.2015, #15 Exhibit A-13 Email dated 5.20.2015) (Dooley, Matthew) |
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Filing 19
ORDER - Granting the Parties' Second Joint Motion for Extension of Discovery & PTO Deadlines #18 . Class discovery to be completed by 7/17/2015. Motions for class certification shall be filed no later than 8/18/2015. Plaintiff shall disclose expert witnesses on or before 9/28/2015, and Defendant shall disclose expert witnesses on or before 10/27/2015. Affirmative reports shall be exchanged 30 days after said disclosures, and rebuttal reports within 15 days thereafter. Merits discovery shall be completed by 10/27/2015. Dispositive motions are due by 12/21/2015. Ordered by Judge Michael H. Simon. (mja)
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| Filing 18 Second Motion for Extension of Discovery & PTO Deadlines Second Joint Motion to Extend Deadlines. Filed by KKW Trucking, Inc.. (Gust, Andrew) |
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Filing 17
ORDER - Granting the Parties' Joint Motion to Extend Deadlines #16 as follows: Class discovery to be completed by 5/18/2015. Motions for class certification shall be filed no later than 6/19/2015. Plaintiff shall disclose expert witnesses on or before 7/28/2015. Defendant shall disclose expert witnesses on or before 8/28/2015. Affirmative reports shall be exchanged 30 days after said disclosures, and rebuttal reports with 15 days thereafter. Merits discovery shall be completed by 8/28/2015. Dispositive motions are due by 10/22/2015. Ordered by Judge Michael H. Simon. (mja)
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| Filing 16 Joint Motion To Extend Deadlines. Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 15 Joint ADR Report . Filed by Neil C. Scott.(Baxter, Justin) |
| Filing 14 Joint ADR Report . Filed by Neil C. Scott.(Baxter, Justin) |
| Filing 13 Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Neil C. Scott. (Baxter, Justin) |
| Filing 12 Corporate Disclosure Statement . Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 11 Answer to #1 Complaint by K.K.W. Trucking, Inc, with Affirmative Defenses Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by KKW Trucking, Inc.. (Woods, Dennis) |
| Filing 10 Affidavit of Service upon KKW Trucking, Inc. served on 4/21/2014 Filed by Neil C. Scott. (Baxter, Justin) |
| Filing 9 Notice of Appearance of Dennis G. Woods appearing on behalf of KKW Trucking, Inc. Filed by on behalf of KKW Trucking, Inc. (Woods, Dennis) |
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Filing 8
Order Granting Application for Special Admission Pro Hac Vice of Anthony R. Pecora for Neil C. Scott. Application Fee in amount of $100 collected. Receipt No. 0979-3626556 issued. Signed on 3/31/2014 by Judge Michael H. Simon. (sss)
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Filing 7
Order Granting Application for Special Admission Pro Hac Vice of Matthew A. Dooley for Neil C. Scott. Application Fee in amount of $100 collected. Receipt No. 0979-3626545 issued. Signed on 3/31/2014 by Judge Michael H. Simon. (sss)
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| Filing 6 Summons Issued Electronically as to KKW Trucking, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cib) |
| Filing 5 Motion for Leave to Appear Pro Hac Vice for Attorney Anthony R. Pecora . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3626556. Filed by Neil C. Scott. (Baxter, Justin) |
| Filing 4 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew A. Dooley . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3626545. Filed by Neil C. Scott. (Baxter, Justin) |
| Filing 3 Proposed Summons Filed by Neil C. Scott. (Baxter, Justin) |
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Filing 2
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/23/2014. Joint Alternate Dispute Resolution Report is due by 8/22/2014. Pretrial Order is due by 8/22/2014. Ordered by Judge Michael H. Simon. (cib)
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3622568 Jury Trial Requested: Yes. Filed by Neil C. Scott against KKW Trucking, Inc. (Attachments: #1 Civil Cover Sheet). (Baxter, Justin) |
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