Oracle America, Inc. v. Oregon Health Insurance Exchange Corporation, et al
| Oracle America, Inc. |
| Does 1-25, State of Oregon and Oregon Health Insurance Exchange Corporation an Oregon public corporation doing business as Cover Oregon |
| 3:2014cv01279 |
| August 8, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Anna J Brown |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 11, 2016. A more recent docket listing may be available from PACER.
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| Filing 168 Stipulated Judgment of Dismissal. Signed on 10/11/2016 by Judge Anna J. Brown. (bb) |
| Filing 167 Stipulated Motion for Judgment of Dismissal. Filed by Oracle America, Inc.. (Petranovich, Milo) |
Filing 166
Order of USCA for the 9th Circuit, USCA # 15-35950, 15-35975, re Notice of Appeal #160 and Notice of Appeal #165 . Pursuant to stipulation of the parties (docket entry #54,) these appeals are voluntarily dismissed with prejudice. Fed. R. App. P. 42(b). The parties shall each bear their own fees and costs. This order served on the district court shall act as and for the mandate of this court. (jtj)
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #165 . Case Appealed to 9th Circuit Court of Appeals Case Number 15-35975 assigned. (jtj) |
| Filing 165 Notice of Appeal to the 9th Circuit from Order on motion for summary judgment,,,, Order on Motion for Judgment on the Pleadings, Order on Request for Judicial Notice,,,,,,,,,,,, #156 , Judgment, #164 Filing fee $505 collected; Agency Tracking ID 0979-4415324: . Filed by Oracle America, Inc.. (French, Pilar) |
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Filing 164
STIPULATED FRCP 54(B) JUDGMENT. IT IS ORDERED AND ADJUDGED that Oracle's claim for copyright infringement against Defendant the State of Oregon, by and through DCBS, is hereby dismissed, and judgment entered in favor of DCBS. See 3-page judgment attached. Signed on 12/14/2015 by Judge Anna J. Brown. (mr)
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| Filing 163 Stipulated Motion for Judgment filed as "Stipulated FRCP 54(b) Judgment as to Plaintiff Oracle America, Inc.'s Claims Against Defendant The Oregon Health Insurance Exchange Corporation dba Cover Oregon and its Successor DCBS. Filed by Oracle America, Inc.. (Petranovich, Milo) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #160 . Case Appealed to 9th Circuit Court of Appeals Case Number 15-35950 assigned. (jtj) |
| Filing 162 Transcript Designation and Order Form for the hearing held on 12/19/14, 4/10/15, 9/3/15 before Judge Anna J. Brown. Court Reporter: Amanda LeGore. regarding Notice of Appeal, #160 . Filed by State of Oregon. Transcript is due by 1/11/2016. (Fjordbeck, Denise) |
| Filing 161 Representation Statement re Notice of Appeal, #160 . Filed by State of Oregon. (Fjordbeck, Denise) |
| Filing 160 Notice of Appeal to the 9th Circuit from Order on motion for summary judgment,,,, Order on Motion for Judgment on the Pleadings, Order on Request for Judicial Notice,,,,,,,,,,,, #156 Filing fee $505 collected; Agency Tracking ID 0979-4401214: . Filed by State of Oregon. (Fjordbeck, Denise) |
| Filing 159 Notice of Appearance of Denise G. Fjordbeck appearing on behalf of State of Oregon Filed by on behalf of State of Oregon (Fjordbeck, Denise) (Main Document 159 replaced on 12/9/2015) (eo). |
| Filing 158 Joint Status Report . Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Wilson, Harry) |
| Filing 157 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on September 3, 2015 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/3/2015. Redaction Request due 12/17/2015. Redacted Transcript Deadline set for 12/31/2015. Release of Transcript Restriction set for 2/25/2016. (LeGore, Amanda) |
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Filing 156
Opinion and Order: The Court DENIES Oregons Motion #92 for Summary Judgment, GRANTS Oracles Cross-Motion #104 for Summary Judgment, and GRANTS the Motion #142 of DCBS for Judgment on the Pleadings. The Court DIRECTS the parties to confer and to submit no later than Noon, December 7, 2015, a Joint Status Report with the parties respective proposals and schedule for case management including their previously referenced intent to seek an interim appeal. Signed on 11/18/2015 by Judge Anna J. Brown. See attached 63 page Opinion and Order for full text. (bb)
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| Filing 155 CORRECTED MINUTES of Proceedings: Oral Argument on Motion for Judgment on the Pleadings #142 . Motion taken under advisement. Karen Johnson-McKewan, Erin Connell, Peggy Bruggman, Pilar French, Milo Petranovich present as counsel for plaintiff(s). David Markowitz, Dallas DeLuca, Lisa Kaner present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (Related document(s): (bb) Modified on 9/8/2015 (bb). |
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Filing 154
Order by Judge Anna J. Brown. The Court has reviewed Oracle's Request (#147 ) for Judicial Notice in Support of Response in Opposition to Motion and concludes the documents referenced therein contain facts that can be "accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201. Accordingly, the Court GRANTS Oracle's Request (#147 ) for Judicial Notice and takes judicial notice of the documents referenced in that Request. (sm)
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| Filing 153 Declaration of Greg Scott In Suppport of Oregon Department of Consumer and Business Services' Motion for Judgment on the Pleadings. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Reply to Motion #152 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DeLuca, Dallas) |
| Filing 152 Reply to Motion for Judgment on the Pleadings by The State of Oregon, by and through the Department of Consumer and Business Services #142 . Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
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Filing 151
Scheduling Order by Judge Anna J. Brown. Oral Argument on Request for Judicial Notice #147 and Motion for Judgment on the Pleadings #142 is SET for 9/3/2015 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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Filing 150
ORDER by Judge Anna J. Brown. Granting Motion for Extension of Time to File Reply #149 to Motion for Judgment on the Pleadings #142 . Reply is now due 7/30/2015. (bb) Modified on 7/21/2015 correctly spelling typo (bb).
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| Filing 149 Motion for Extension of Time to File a Response/Reply to Motion for Judgment on the Pleadings by The State of Oregon, by and through the Department of Consumer and Business Services #142 . Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
| Filing 148 Declaration of Pilar C. French in Support of Plaintiff's Request for Judicial Notice. Filed by Oracle America, Inc.. (Related document(s): Request for Judicial Notice #147 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (French, Pilar) |
| Filing 147 Request for Judicial Notice in Support of Response in Opposition to Motion #146 . Filed by Oracle America, Inc.. (French, Pilar) |
| Filing 146 Response in Opposition to Motion for Judgment on the Pleadings by The State of Oregon, by and through the Department of Consumer and Business Services #142 Oral Argument requested. Filed by Oracle America, Inc.. (French, Pilar) |
| Filing 145 Supplement CORRECTED TABLE OF AUTHORITIES TO THE OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES' MOTION FOR JUDGMENT ON THE PLEADINGS. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion for Judgment on the Pleadings #142 .) (DeLuca, Dallas) |
| Filing 144 Declaration of TAMI HALL . Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion for Judgment on the Pleadings #142 .) (DeLuca, Dallas) |
| Filing 143 Declaration of HARRY B. WILSON . Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion for Judgment on the Pleadings #142 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DeLuca, Dallas) |
| Filing 142 Motion for Judgment on the Pleadings by The State of Oregon, by and through the Department of Consumer and Business Services. Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
| Filing 141 Notice of Appearance of Milo Petranovich appearing on behalf of Oracle America, Inc. Filed by on behalf of Oracle America, Inc. (Petranovich, Milo) |
| Filing 140 Notice of Appearance of Pilar C. French appearing on behalf of Oracle America, Inc. Filed by on behalf of Oracle America, Inc. (French, Pilar) |
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Filing 139
Opinion and Order: The Court GRANTS Oracle's Corrected Unopposed Motion #128 to Substitute the State of Oregon, by and through the Department of Consumer and Business Services, for Cover Oregon and DENIES Cover Oregon's Motion #115 for Judgment on the Pleadings with leave to DCBS to file (after conferral with Oracle) its own Motion for Judgment on the Pleadings no later than June 22, 2015. Signed on 06/05/2015 by Judge Anna J. Brown. See attached 16 page Opinion and Order for full text. (bb)
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Filing 138
Ordered by Judge Anna J. Brown. The Court has reviewed Oracle's Unopposed Motion #123 for Judicial Notice and concludes the documents referenced therein contain facts that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Fed. R. Ev. 201. Accordingly the Court GRANTS Oracle's Unopposed Motion #123 for Judicial Notice and takes judicial notice of the documents referenced in that Motion. (bb)
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Filing 137
Order by Judge Anna J. Brown. The Court has completed a review of the record on Cover Oregon's Motion #115 for Judgment on the Pleadings and Oracle's Motion #124 and Amended Motion #126 and Corrected Motion #128 to Substitute. The Court concludes oral argument is not necessary to resolve Oracle's Motions and that these Motions should be resolved before the Court takes any oral argument on Cover Oregon's Motion #115 . Because it is unlikely the Court can complete its work on Oracle's Motions before June 8, 2015, when Cover Oregon's Motion is set for hearing, the Court now strikes that hearing. After the Court resolves Oracle's Motions, the Court will consider next steps regarding Cover Oregon's Motion #115 and the Cross Motions #92 and #104 for Summary Judgment (on which the Court continues to defer formal disposition pending resolution of Motion #115 ). (bb)
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| Filing 136 Declaration of Tami Hall . Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Reply to Motion #135 .) (DeLuca, Dallas) |
| Filing 135 Reply In Support of to Motion for Judgment on the Pleadings #115 Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
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Filing 134
ORDER: by Judge Anna J. Brown. Granting Unopposed Motion to Dismiss #132 Without Prejudice Oracle's Pending State Law Claims. This renders moot Cover Oregon's pending Motion to Dismiss Oracle's State Law Claims #118 . (bb)
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| Filing 133 Response Plaintiff Oracle America, Inc.'s Response to Defendants' Clarification of Plaintiff's Corrected Motion for Substitution. Filed by Oracle America, Inc.. (Related document(s): Notice, #130 .) (Legaard, Brenna) |
| Filing 132 Unopposed Motion to Dismiss State Law Claims Without Prejudice. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 131 Declaration of Lisa A. Kaner In Support of Defendants' Clarification of Plaintiff's Corrected Motion for Substitution. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Related document(s): Notice, #130 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (DeLuca, Dallas) |
| Filing 130 Notice re Motion to Substitute Party, #128 (DEFENDANTS' CLARIFICATION OF PLAINTIFF'S CORRECTED MOTION FOR SUBSTITUTION) Filed by Oregon Health Insurance Exchange Corporation, State of Oregon (Related document(s): Motion to Substitute Party, #128 .) (DeLuca, Dallas) |
| Filing 128 Unopposed Motion to Substitute a Party Plaintiff Oracle America, Inc.'s Corrected Unopposed Motion to Substitute the State of Oregon, by and through the Department of Consumer and Business Services, for Cover Oregon. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 127 Response in Opposition Plaintiff Oracle America, Inc.'s Corrected Opposition to Cover Oregon's Motion for Judgment on the Pleadings to Motion for Judgment on the Pleadings #115 . Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 129 Exhibits G and H re Unopposed Request for Judicial Notice #123 , This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Oracle America, Inc.. (sss) |
| Filing 126 Amended Motion to Substitute a Party PLAINTIFF ORACLE AMERICA, INC.'S AMENDED UNOPPOSED MOTION TO SUBSTITUTE THE STATE OF OREGON, BY AND THROUGH THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FOR COVER OREGON. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 125 Response in Opposition PLAINTIFF ORACLE AMERICA, INC.'S OPPOSITION TO COVER OREGON'S MOTION FOR JUDGMENT ON THE PLEADINGS to Motion for Judgment on the Pleadings #115 . Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 124 Unopposed Motion to Substitute a Party PLAINTIFF ORACLE AMERICA, INC.'S UNOPPOSED MOTION TO SUBSTITUTE THE STATE OF OREGON, BY AND THROUGH THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FOR COVER OREGON. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 123 Notice PLAINTIFF ORACLE AMERICA, INC.'S UNOPPOSED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S OPPOSITION TO COVER OREGON'S MOTION FOR JUDGMENT ON THE PLEADINGS Filed by Oracle America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Legaard, Brenna) |
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Filing 122
ORDER by Judge Anna J. Brown. Granting Motion for Extension of Time #121 to File Response to Motion to Dismiss State Law Claims #118 . Response is now due 5/11/2015. Reply is due by 5/21/2015. (bb)
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| Filing 121 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss State Law Claims and Memorandum in Support #118 . Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 120 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on April 10, 2015 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/27/2015. Redaction Request due 5/11/2015. Redacted Transcript Deadline set for 5/21/2015. Release of Transcript Restriction set for 7/20/2015. (LeGore, Amanda) |
| Filing 119 Declaration of Dallas DeLuca In Support of Motion to Dismiss State Law Claims. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion to Dismiss #118 .) (Attachments: #1 Exhibit 1) (Kaner, Lisa) |
| Filing 118 Motion to Dismiss State Law Claims and Memorandum in Support. Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (Kaner, Lisa) |
| Filing 117 Declaration of Tami Hall . Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion for Judgment on the Pleadings #115 .) (DeLuca, Dallas) |
| Filing 116 Declaration of Harry B. Wilson . Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion for Judgment on the Pleadings #115 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (DeLuca, Dallas) |
| Filing 115 Motion for Judgment on the Pleadings . Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
| Filing 114 MINUTES of Proceedings: The Court heard oral argument on the parties' Cross Motions for Summary Judgment #92 and #104 and took the motions under advisement at the conclusion of the hearing. The Court will issue its decision on these Motions at the same time it decides the Motion for Judgment on the Pleadings to be filed by Defendant Cover Oregon for which the briefing and hearing schedule is as follows: Defendants' Motion for Judgment on the Pleadings is due 04/14/2015; Plaintiff's opposition is due 05/05/2015; and Defendants' reply is due 05/19/2015. Oral Argument is SET for 06/08/2015 at 2:00 PM in Courtroom 14A before Judge Anna J. Brown. Karen Johnson-McKewan, Erin Connell, Peggy Bruggman, Brenna Legaard, Dorian Daley (tele), Deborah Miller (tele) present as counsel for plaintiff(s). David Markowitz, Harry Wilson, Lisa Kaner present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) Modified on 4/13/2015 reflecting that Erin Connell appeared instead of Dayna Underhill (bb). |
| Filing 113 Declaration of Brenna K. Legaard in Support of Oracle America, Inc.'s Reply in Support of Cross-Motion for Summary Judgment as to the State of Oregon's Eleventh Amendment Immunity Defense. Filed by Oracle America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Legaard, Brenna) |
| Filing 112 Redacted Reply to Cross Motion for Summary Judgment #105 , Cross Motion for Summary Judgment #104 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 111 Reply to Cross Motion for Summary Judgment #105 , Cross Motion for Summary Judgment #104 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 110 Redacted Reply In Support of to Motion for Summary Judgment and Memorandum in Support #92 , Response in Opposition to Cross Motion for Summary Judgment #104 . Filed by State of Oregon. (Kaner, Lisa) |
| Filing 109 Reply In Support of to Motion for Summary Judgment and Memorandum in Support #92 , Response in Opposition to Cross Motion for Summary Judgment #104 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by State of Oregon. (Kaner, Lisa) |
| Filing 108 Declaration of JoAnn L. Kohl in Support of Oracle's Opposition to the State of Oregon's Motion for Summary Judgment and Oracle America, Inc.'s Cross Motion for Summary Judgment. Filed by Oracle America, Inc.. (Related document(s): Response in Opposition to Motion, #101 , Response in Opposition to Motion #102 , Motion for Summary Judgment #105 , Motion for Summary Judgment #104 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Legaard, Brenna) |
| Filing 107 Declaration of Brenna K. Legaard in Support of Oracle's Opposition to the State of Oregon's Motion for Summary Judgment and Oracle America, Inc.'s Cross Motion for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oracle America, Inc.. (Related document(s): Response in Opposition to Motion, #101 , Response in Opposition to Motion #102 , Motion for Summary Judgment #105 , Motion for Summary Judgment #104 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Legaard, Brenna) |
| Filing 106 Declaration of Christine Cox in Support of Plaintiff Oracle America, Inc.'s Cross Motion for Summary Judgment Regarding Sovereign Immunity. Filed by Oracle America, Inc.. (Related document(s): Motion for Summary Judgment #105 , Motion for Summary Judgment #104 .) (Legaard, Brenna) |
| Filing 105 Cross Motion for Summary Judgment . Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 104 Cross Motion for Summary Judgment . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 103 Declaration of Christine Cox in Support of Oracle's Opposition to the State of Oregon's Motion for Summary Judgment. Filed by Oracle America, Inc.. (Related document(s): Response in Opposition to Motion, #101 , Response in Opposition to Motion #102 .) (Legaard, Brenna) |
| Filing 102 Redacted Response in Opposition to Motion for Summary Judgment and Memorandum in Support (Redacted) #93 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 101 Response in Opposition to Motion for Summary Judgment and Memorandum in Support #92 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 100 Stipulation Regarding Preservation of Electronically Stored Information by Oracle America, Inc.. Filed by Oracle America, Inc.. (Legaard, Brenna) |
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Filing 99
ORDER by Judge Anna J. Brown. In light of the Court's Order 38 in 6:14-cv-01926-BR denying as moot Defendants' Motion to Consolidate, this Court finds Motion to Consolidate #66 as moot also. (bb)
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| Filing 98 Stipulated Notice of Substitution of Joint Statement of Agreed Facts Exhibit 12 Filed by Oracle America, Inc. (Legaard, Brenna) |
| Filing 97 Declaration of John Kroger in Support of the State of Oregon's Motion for Summary Judgment. Filed by State of Oregon. (Related document(s): Motion for Summary Judgment #93 , Motion for Summary Judgment #92 .) (Kaner, Lisa) |
| Filing 96 Declaration of John McDonald in Support of the State of Oregon's Motion for Summary Judgment. Filed by State of Oregon. (Related document(s): Motion for Summary Judgment #93 , Motion for Summary Judgment #92 .) (Attachments: #1 Exhibit 1) (Kaner, Lisa) |
| Filing 95 Declaration of Jose Perfecto in Support of the State of Oregon's Motion for Summary Judgment. Filed by State of Oregon. (Related document(s): Motion for Summary Judgment #92 , Motion for Summary Judgment #93 .) (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 1, part 3, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22) (Kaner, Lisa) |
| Filing 94 Declaration of Harry B. Wilson in Support of Motion for Summary Judgment. Filed by State of Oregon. (Related document(s): Motion for Summary Judgment #93 , Motion for Summary Judgment #92 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaner, Lisa) |
| Filing 93 Motion for Summary Judgment and Memorandum in Support (Redacted). Oral Argument requested. Filed by State of Oregon. (Kaner, Lisa) |
| Filing 92 Motion for Summary Judgment and Memorandum in Support. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by State of Oregon. (Kaner, Lisa) |
| Filing 91 Notice of Errata Re Joint Statement of Facts Filed by Oracle America, Inc. (Attachments: #1 Errata Replacement Exhibit 12) (Legaard, Brenna) |
| Filing 90 Answer and Affirmative Defenses for Cover Oregon to Second Amended Complaint. Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
| Filing 89 Exhibits 15, 36, 37, 38 to Joint Statement of Agreed Facts [FILED UNDER SEAL] re Notice,,, #88 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Attachments: #1 Exhibit 15, #2 Exhibit 36, #3 Exhibit 37, #4 Exhibit 38) (DeLuca, Dallas) |
| Filing 88 Joint Notice Titled as "JOINT STATEMENT OF AGREED FACTS" Filed by Oregon Health Insurance Exchange Corporation, State of Oregon (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 [FILED UNDER SEAL], #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36 [FILED UNDER SEAL], #37 Exhibit 37 [FILED UNDER SEAL], #38 Exhibit 38 [FILED UNDER SEAL]) (DeLuca, Dallas) |
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Filing 87
Protective Order Governing Immunity Discovery. Signed on 02/17/2015 by Judge Anna J. Brown. (bb)
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| Filing 86 Motion for Protective Order Governing Immunity Discovery. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 85 MINUTES of Proceedings: The Court heard oral argument on Cover Oregon's Motion #79 for Extension of Time to Answer or Otherwise Respond to the Second Amended Complaint. For the reasons stated on the record, the Court DENIES Cover Oregon's Motion. In the exercise of its discretion under Federal Rule of Civil Procedure 16, the Court finds further motion practice before the filing of an answer to be an unwise use of resources. The Court, therefore, DIRECTS Cover Oregon to file no later than February 27, 2015, an answer to Oracle's Second Amended Complaint in which Cover Oregon may also preserve its defenses and affirmative allegations. For the same reasons, the Court DIRECTS Oracle to file no later than March 9, 2015, a Reply (not a motion) to Cover Oregon's answer. With respect to dispositive-motion practice concerning the issue of the State of Oregon's asserted Eleventh Amendment immunity from Oracle's copyright claim, the Court modifies its previously set schedule and adopts the parties' agreed schedule as follows: The parties shall file a joint statement of agreed facts by February 20, 2015; the State shall file its motion for summary judgment (limited to the immunity issue) by March 3, 2015; Oracle shall file its response to the State's motion by March 20, 2015; the State shall file its Reply by March 27, 2015. If Oracle seeks to cross-move on the immunity issues, its separate, stand-alone Motion is also due on March 20, 2015, the State's response thereto is due on March 27, 2015, and any Oracle reply is due on March 31, 2015. Oral argument on the motion for summary judgment remains set on April 10, 2015, at 9:00 a.m.In addition, the Court addressed with counsel a discovery issue concerning a proposed protective order as described in counsel's February 11, 2015, joint email message to the Court. For the reasons stated on the record, the Court DIRECTS the parties to confer and to file a joint agreed form of stipulated protective order in this matter at their earliest convenience. Karen Johnson-McKewan, Robert Shwarts, Peggy Bruggman, Brenna Legaard, Deborah Miller, Dorian Daley present as counsel for plaintiff(s). David Markowitz, Harry Wilson, Dallas DeLuca, Lisa Kaner present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Anna J. Brown presiding. (bb) |
| Filing 84 Exhibit re Declaration #83 . This filing includes a conventionally filed CD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Oracle America, Inc. (sss) |
| Filing 83 Declaration of Brenna K. Legaard . Filed by Oracle America, Inc.. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #79 .) (Legaard, Brenna) |
| Filing 82 Response in Opposition to Motion for Extension of Time to Answer or Otherwise Respond to the Second Amended Complaint #79 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
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Filing 81
Scheduling Order by Judge Anna J. Brown. Plaintiff's response to Motion for Extension of Time #79 to Answer or Otherwise Respond to the Second Amended Complaint is due no later than 2/9/2015 by 5:00 PM. (bb)
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| Filing 80 Declaration of Greg Scott in Support of Defendants'Motion for Extension of Time to Answer or Otherwise Respond to the Second Amended Complaint. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (DeLuca, Dallas) |
| Filing 79 Motion for Extension of Time to Answer or Otherwise Respond to the Second Amended Complaint. Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (DeLuca, Dallas) |
| Filing 78 Corporate Disclosure Statement . Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 77 Second Amended Complaint. Jury Demand. Filed by Oracle America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Legaard, Brenna) Modified to correct docket text on 1/28/2015 (sss). |
| Filing 76 CORRECTED OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED. Original Transcript at Docket #63 . Motion Hearing held on 11/21/2014 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. CORRECTED ONLY AS TO CASE CAPTION. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Release of Transcript Restriction set for 3/5/2015. (sm) (Main Document 76 replaced on 1/22/2015) (sm). |
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Filing 75
ORDER: The Court GRANTS the State of Oregon's Motion #39 to Dismiss; DENIES Cover Oregon's Motion #44 toDismiss; and GRANTS in part and DENIES in part the Joint Motion #41 to Dismiss or, in the Alternative, to Stay of the State of Oregon and Cover Oregon. The Court also GRANTS Oracle leave to file a Second Amended Complaint no later than January 27, 2015. Signed on 01/13/2015 by Judge Anna J. Brown. (bb)
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| Filing 74 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on December 19, 2014 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/2/2015. Redaction Request due 1/16/2015. Redacted Transcript Deadline set for 1/26/2015. Release of Transcript Restriction set for 3/26/2015. (LeGore, Amanda) |
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Filing 73
Order by Judge Anna J. Brown. To clear the record in anticipation of additional motion practice, the Court notes it previously reviewed and considered Oracle's unopposed Request #50 for Judicial Notice. The Court also notes the documents which are the subject of Oracle's Request are not subject to reasonable dispute and are capable of accurate determination by resort to sources whose accuracy cannot reasonably be questioned. Accordingly, the Court GRANTS Oracle's Request #50 for Judicial Notice. (bb)
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| Filing 72 MINUTES of Proceedings: The Court heard oral argument on the State of Oregons Motion #39 to Dismiss, the State of Oregon and Cover Oregon's Joint Motion #41 to Dismiss or to Stay, and Cover Oregon's Motion #44 to Dismiss. Judge Anna J. Brown presiding. For the reasons stated on the record, the Court GRANTS Oregon's Motion #39 to Dismiss, DENIES Cover Oregon's Motion #44 to Dismiss, and takes the Joint Motion #41 to Dismiss under advisement. The Court will issue a formal order in due course.In the exercise of its discretion pursuant to Federal Rule of Civil Procedure 15, the Court GRANTS Oracle leave to file a Second Amended Complaint no later than 14 days after the Court issues its formal order on the Motions to Dismiss. In particular, the Second Amended Complaint must provide facts showing how the "venue" language in the OHA OLSA plausibly constitutes a waiver by the State of its 11th Amendment immunity from suit in this Court for Oracle's copyright claim against the State. The Second Amended Complaint must also address any issues the Court notes in its formal order on Motion #41 as to sufficiency of the claims pleaded against Cover Oregon. For the reasons stated on the record, the Court expects the Second Amended Complaint will be Oracle's best statement of the claims it seeks to litigate in this particular case, and Oracle should not expect additional opportunities to amend to state its claims.Defendants' pleadings responsive to the Second Amended Complaint are due no later than four weeks after Oracle files its Second Amended Complaint. The Court directs Defendant Cover Oregon to file an answer to the Second Amended Complaint and to reserve therein any defenses it would otherwise seek to raise by further Rule 12 motion practice. If the State's responsive pleading is not an answer but another motion, the State must base such motion only on sovereign immunity grounds. If the motion is a motion for summary judgment on immunity grounds, the parties must file two weeks before the State files the motion for summary judgment a Joint Statement of Agreed Facts as a foundation for such motion. In addition, the parties must agree on and file at the time they file the Joint Statement of Agreed Facts a proposed briefing schedule for the motion for summary judgment that results in the filing of the State's Reply for that motion no later than March 27, 2015. Oral argument on any such motion for summary judgment is set for April 10, 2015, at 9:00 a.m. in Portland Courtroom 14A before Judge Anna J. Brown.The Court defers convening a Rule 16 case-management conference as to discovery and other pretrial matters until such time as the State's anticipated summary judgment motion is resolved, but the Court directs the parties to engage in any limited "jurisdictional" discovery necessarily related to the State's immunity arguments and anticipated summary judgment motion. The Court notes the State continues to assert its immunity from suit in this action, and the Court finds the State does not waive any such immunity by participating in the limited jurisdictional discovery the Court has authorized herein. Karen Johnson-McKewan, Erin Connell, Brenna Legaard, and Peggy Bruggman (Deborah Miller and Dorian Daley by telephone) present as counsel for plaintiff(s). David Markowitz, Harry Wilson, and Lisa Kaner present as counsel for defendant(s). Court Reporter: Amanda LeGore. (mr) |
| Filing 71 Notification of CM/ECF Account for Attorney Karen G. Johnson-McKewan (appearing Pro Hac Vice). Your login is: kgjohnson-mckewan. Go to #the CM/ECF login page to set your password. (eo) |
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Filing 70
ORDER. Directions to Counsel for Oral Argument on December 19, 2014. Signed on 12/18/2014 by Judge Anna J. Brown. (pvh)
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| Filing 69 Joint Submission in Response to Order 68 . Filed by All Plaintiffs. (Related document(s): Order 68 .) (Attachments: #1 Exhibit A) (Legaard, Brenna) Modified text on 12/18/2014 (sss). |
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Filing 68
Scheduling Order by Judge Anna J. Brown. To assist the Court at the December 19, 2014, oral argument in this matter, the Court requests the parties to file no later than 4:00 p.m. on December 17, 2014, a single Joint Index/Chart that concisely (1) identifies by case number all the parties to the currently pending actions among them; (2) enumerates each of the alleged Oracle License Service Agreements (OLSA) at issue in the currently pending actions, the parties and signatories to each such OLSA, and the date(s) on which each such OLSA was made; and (3) specifies which claims (identified by case number, title, and Defendant) are based on or arise from any specific OLSA. If the parties dispute the extent to which any particular claim is based on or arises from a specific OLSA, the Index/Chart should flag that dispute and specify where in the record the Court may find the necessary references to resolve the dispute. In addition, the Court advises the parties to be prepared to discuss more fully at the beginning of oral argument Oracle's assertion that language in the OHA OLSA waived the State's 11th Amendment immunity to litigating the copyright and quantum meruit claims in Case No. 14-CV-1279 in federal court. Ordered by Judge Anna J. Brown. (pvh)
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Filing 67
ORDER: The Court has reviewed the Motion to Consolidate #66 filed in 3:14-CV-1279-BR and the Motion to Consolidate (#9) filed in 6:14-CV-1926-BR. In light of the Motions to Dismiss pending in 3:14-CV-1279-BR (which are scheduled for oral argument on December 19, 2014), the Court concludes it is premature for the Court to act on the consolidation Motions and for Defendants to file any formal responses to them. At the December 19, 2014, hearing, however, the Court requests the State Defendants to be prepared to state on the record their position on the consolidation Motions to the extent that the Court may ultimately deny any part of the Motions to Dismiss in 3:14-CV-1279-BR. Ordered by Judge Anna J. Brown. (mr)
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| Filing 66 Motion to Consolidate Oracle America, Inc.'s Notice of Motion and Motion to Consolidate Related Actions; Memorandum of Points and Authorities in Support Thereof. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 65 Joint Status Report - Joint Statement of the Dismissal Issues Regarding the Federal Action. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Attachments: #1 Exhibit Exhibit 1 to Joint Statement of the Dismissal Issues Regarding the Federal Action) (Kaner, Lisa) |
| Filing 64 Notice Defendant Oracle America, Inc.'s Notice of Related Cases Under LR 42-2 Filed by Oracle America, Inc. (Legaard, Brenna) |
| Filing 63 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED. CORRECTED TRANSCRIPT FILED AT DOCKET #76 (correcting case caption only). This document to retain restricted access. Oral Argument held on November 21, 2014 before Judge Anna J. Brown, Court Reporter Amanda LeGore, telephone number 503-752-4555. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/12/2014. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015. (LeGore, Amanda) Modified on 3/23/2015 (sm). |
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Filing 62
Order by Judge Anna J. Brown. In light of the Court's remand of case no. 3:14-cv-01532-BR to State Court, Oracle's Motion to Consolidate #59 this case with 3:14-cv-01532 is DENIED as moot. (bb)
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| Filing 61 MINUTES of Proceedings: The Court heard oral argument on the Motion #25 to Remand filed by the State of Oregon and Cover Oregon in 3:14-CV-01532-BR and Oracle America, Inc.'s Motions 34 , #59 to Consolidate Notice of Motion and Motion to Consolidate Related Actions filed in 3:14-CV-1532-BR and 3:14-CV-1279-BR respectively. As noted at oral argument, the Court DENIES as moot the Motions to Consolidate. The Court GRANTS the Motion to Remand and will issue a written opinion as to its decision in due course. The Court DIRECTS the parties to file in 3:14-CV-1279-BR a chart setting out the issues and authorities cited in the Motions to Dismiss filed in that matter no later than December 5, 2014. The Court will hear oral argument on the Motions to Dismiss pending in that matter on December 19, 2014, at 9:00 AM in Courtroom 14A before Judge Anna J. Brown. Karen Johnson-McKewan, Robert Shwarts, Brenna Legaard present as counsel for plaintiff(s). David Markowitz, Harry Wilson, Peter Glade, Lisa Kaner present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
| Filing 60 Declaration of Brenna K. Legaard . Filed by Oracle America, Inc.. (Related document(s): Motion to Consolidate #59 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Part 1, #4 Exhibit C Part 2, #5 Exhibit C Part 3, #6 Exhibit C Part 4, #7 Exhibit C Part 5, #8 Exhibit C Part 6, #9 Exhibit C Part 7) (Legaard, Brenna) |
| Filing 59 Motion to Consolidate Notice of Motion and Motion to Consolidate Related Actions; Memorandum of Points and Authorities in Support Thereof. Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
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Filing 58
ORDER: Having reviewed the Motion #25 to Remand filed in 3:14-CV-01532-BR and the Motions ( #39 , #41 ) to Dismiss filed in 3:14-CV-01279-BR, the Court provides the parties with the following preliminary analysis and information to guide their preparation for oral argument on November 21, 2014: 1. It appears to the Court that Plaintiffs' Motion to Remand (3:14-CV-01532-BR) to state court should be granted because Oracles asserted basis for removal, 28 U.S.C. 1454(a), does not authorize removal in the present circumstances. Moreover, removal statutes... are strictly construed, and a defendant seeking removal has the burden to establish that removal is proper and any doubt is resolved against removability. Hawaii ex rel. Louie v. HSBC Bank Nevada, N.A., 761 F.3d 1027, 1034 (9th Cir. 2014)(quotation omitted). By its express terms, 1454 provides: "[A]" civil action in which a copyright claim is asserted may be removed. The action that Oracle removed from state court, however, does not include a pleaded copyright claim. Thus, 1454 does not provide a basis for removal of the state case notwithstanding that Oracles separate federal action (3:14-CV-01279) includes a copyright claim. Although 1454 permits the Court to look beyond the Complaint for jurisdiction, it does not permit the Court to look beyond the removed action itself. The Court notes the cases on which Oracle relies do not support Oracle's removal argument, particularly because Oracle has never asserted a copyright counterclaim in the state action and there is not any basis in the record for this Court to conclude the claims in the state action are actually copyright claims or arise under copyright law. Accordingly, it appears to the Court that Oracle has not established the propriety of its removal of 3:14-CV-01532, and, thus, the Motion to Remand should be granted. 2. Anticipating the Courts preliminary analysis on the Motion to Remand, Oracle asserts at pages 15-16 of its Response to Plaintiffs Motion to Remand that remand would be pointless, as Oracle could easily fix the alleged defect. Oracle simply could dismiss its copyright claim pending in this Court, file it as a counterclaim in state court, remove again, and bring the parties to exactly where we are now. This Court notes, however, that neither the parties nor this Court has any control over how the Marion County Circuit Court might resolve any challenge to Oracle pleading a copyright claim in the remanded proceeding, and, thus, it is not at all clear whether Oracle's copyright claim presently pending in the federal action would inevitably be returned to federal court after Oracle's suggested dismissal of it. Accordingly, because the Court is reluctant to address the motions involving the copyright claim in 3:14-CV-01279 until such time that it is clear the copyright claim will be pursued in the federal case, the Court concludes the oral argument set for November 21, 2014, should be limited to only the issues raised by the Motion to Remand in 3:14-CV-01532. The Court requests Oracle to confirm at oral argument whether Oracle will strike its copyright claim in 3:14-CV-01279 if the Court grants the Motion to Remand pending in 3:14-CV-01532. If so, it appears the Motions in 3:14-CV-01279 should be denied as moot. If not, the Court will set a new date for oral argument on those Motions pending in 3:14-CV-01279. Ordered by Judge Anna J. Brown. (mr)
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| Filing 57 Reply to Motion to Dismiss for Failure to State a Claim , and for Failure to Join an Indispensible Party #44 Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (DeLuca, Dallas) |
| Filing 56 Reply to Joint Motion to Dismiss for Failure to State a Claim Alternative Motion for Stay #41 Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (DeLuca, Dallas) |
| Filing 55 Reply to Motion to Dismiss for Failure to State a Claim #39 Oral Argument requested. Filed by State of Oregon. (DeLuca, Dallas) |
| Filing 54 Declaration of Brenna K. Legaard In Support Of Oracle's Opposition to Cover Oregon's Motion to Dismiss. Filed by Oracle America, Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim #44 .) (Attachments: #1 Exhibit A - part 1 of 4, #2 Exhibit A - part 2 of 4, #3 Exhibit A - part 3 of 4, #4 Exhibit A - part 4 of 4) (Legaard, Brenna) |
| Filing 53 Response in Opposition Plaintiff's Opposition to Defendant Cover Oregon's Motion to Dismiss to Motion to Dismiss for Failure to State a Claim , and for Failure to Join an Indispensible Party #44 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 52 Declaration of Brenna K. Legaard In Support of Oracle's Opposition to Defendants' Joint Motion to Dismiss or Stay. Filed by Oracle America, Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion for Stay #41 .) (Attachments: #1 Exhibit A - part 1 of 4, #2 Exhibit A - part 2 of 4, #3 Exhibit A - part 3 of 4, #4 Exhibit A - part 4 of 4) (Legaard, Brenna) |
| Filing 51 Response in Opposition Plaintiff Oracle America, Inc.'s Opposition to Defendants' Joint Motion to Dismiss or, in the Alternative, to Stay Proceedings to Joint Motion to Dismiss for Failure to State a Claim Alternative Motion for Stay #41 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 50 Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant The State of Oregon's Motion to Dismiss. Filed by Oracle America, Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim #39 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Legaard, Brenna) Modified text and event type to match filing on 10/24/2014 (sss). |
| Filing 49 Declaration of Brenna K. Legaard in Support of Oracle's Opposition to Oregon's Motion to Dismiss to Motion to Dismiss for Failure to State a Claim #39 . Filed by Oracle America, Inc.. (Attachments: #1 Exhibit A - part 1 of 4, #2 Exhibit A - part 2 of 4, #3 Exhibit A - part 3 of 4, #4 Exhibit A - part 4 of 4, #5 Exhibit B) (Legaard, Brenna) Modified text to match filing on 10/24/2014 (sss). |
| Filing 48 Response in Opposition Plaintiff Oracle America, Inc.'s Opposition to Defendants' The State of Oregon Motion to Dismiss to Motion to Dismiss for Failure to State a Claim #39 Oral Argument requested. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 47 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on September 18, 2014 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/31/2014. Redaction Request due 11/17/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/23/2015. (LeGore, Amanda) |
| Filing 46 Declaration of Lisa A. Kaner in Support of Defendant Cover Oregon's Motion to Dismiss. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion to Dismiss for Failure to State a Claim #44 .) (Attachments: #1 Exhibit Complaint in Rosenblum v. Oracle, Marion Cty. Cir. Ct. Case No. 14C20043, #2 Exhibit Mythics License and Services Agreement and June 30, 2011 Ordering Document, #3 Exhibit Amendment One of the Oracle License and Service Agreement between the State of Oregon and Oracle) (Kaner, Lisa) |
| Filing 45 Defendant Cover Oregon's Memorandum in Support of Motion to Dismiss. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion to Dismiss for Failure to State a Claim #44 .) (Kaner, Lisa) |
| Filing 44 Motion to Dismiss for Failure to State a Claim , and for Failure to Join an Indispensible Party. Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (Kaner, Lisa) |
| Filing 43 Declaration of Lisa A. Kaner in Support of Defendants The State of Oregon and Cover Oregon's Joint Motion to Dismiss or, in the Alternative, to Stay Proceedings. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion for Stay #41 .) (Attachments: #1 Exhibit Complaint in Rosenblum v. Oracle, Marion Cty. Cir. Ct. Case No. 14C20043) (Kaner, Lisa) |
| Filing 42 Defendants State of Oregon's and Cover Oregon's Memorandum in Support of Joint Motion to Dismiss or, in the Alternative, to Stay Proceedings. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion for Stay #41 .) (Kaner, Lisa) |
| Filing 41 Joint Motion to Dismiss for Failure to State a Claim , Alternative Motion for Stay . Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation, State of Oregon. (Kaner, Lisa) |
| Filing 40 Defendant The State of Oregon's Memorandum in Support of Motion to Dismiss. Filed by State of Oregon. (Related document(s): Motion to Dismiss for Failure to State a Claim #39 .) (Kaner, Lisa) |
| Filing 39 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by State of Oregon. (Kaner, Lisa) |
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Filing 38
Order by Judge Anna J. Brown. The briefing schedule for Defendants' Motions to Dismiss (limited to 50 pages) in this case will remain as previously ordered, and the Court will hear oral argument on the Motions on 11/21/14. The Court will also hear oral argument on 11/21/14 regarding Plaintiffs' anticipated Motion to Remand (limited to 35 pages) in Case No. 3:14-cv-01532. (bb)
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Filing 37
ORDER by Judge Anna J. Brown. Granting Unopposed Motion to Correct Caption #36 . The caption should now read: THE OREGON HEALTH INSURANCE EXCHANGE CORPORATION, dba COVER OREGON, an Oregon public corporation; THE STATE OF OREGON, BY AND THROUGH THE OREGON HEALTH AUTHORITY AND THE OREGON DEPARTMENT OF HUMAN SERVICES, AND DOES 1-25, INCLUSIVE. (bb)
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| Filing 36 Unopposed Motion to Amend/Correct Caption. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 35 Notice Defendant Oracle America, Inc.'s Notice of Related Cases Under LR 42-2 Filed by Oracle America, Inc. (Legaard, Brenna) |
| Filing 34 MINUTES of Proceedings: Scheduling Conference held. Stipulated Motion #30 and Amended Stipulated Motion #31 to Remove Court Scheduled Events Relating to Motion to Dismiss or, In the Alternative Stay Proceedings and Motion to Dismiss #15 are denied as MOOT. All defendants to file an answer to the corrected amended complaint or file a motion against the corrected amended complaint no later than 10/2/2014. Response to any motion filed against the corrected amended complaint is due no later than 10/23/2014; reply is due 11/6/2014. Pleadings may exceed the 35 page limit, but no more than 50 pages. Oral Argument is SET for 11/21/2014 at 9:00 am before Judge Anna J. Brown is Courtroom 14A. Oral Argument previously set for 10/20/2014 is VACATED. Karen Johnson-McKewan present as counsel for plaintiff(s). Lisa Kaner present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
| Filing 33 Amended Complaint Corrected First Amended Complaint. Filed by Oracle America, Inc. against Oregon Health Insurance Exchange Corporation, State of Oregon. (Legaard, Brenna) |
| Filing 32 Acceptance/Acknowledgement of Service on State of Oregon served on 9/11/2014 Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 31 Amended Motion (STIPULATED) Motion to Remove Court Scheduled Events Relating to Motion to Dismiss or, In the Alternative Stay Proceedings. Filed by Oregon Health Insurance Exchange Corporation. (Kaner, Lisa) |
| Filing 30 Stipulated Motion to Remove Court Scheduled Events Relating to Motion to Dismiss Or, In The Alternative Stay Proceedings. Filed by Oregon Health Insurance Exchange Corporation. (Kaner, Lisa) |
| Filing 29 Summons Issued Electronically as to State of Oregon. 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. (sss) |
| Filing 28 Proposed Summons Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 27 Notification of CM/ECF Account: Attorney Dorian E. Daley (appearing Pro Hac Vice). Login ID: dedaley. Complete your account setup by following the instructions available on the #Court's website. (ecp) |
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Filing 26
Order Granting Application for Special Admission Pro Hac Vice of Dorian E. Daley for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3823452 issued. Signed on 9/9/2014 by Judge Marco A. Hernandez. (ecp)
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| Filing 25 Notification of CM/ECF Account: Attorney Deborah K. Miller (appearing Pro Hac Vice). Login ID: millerdk. Complete your account setup by following the instructions available on the #Court's website. (ecp) |
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Filing 24
Order Granting Application for Special Admission Pro Hac Vice of Deborah K. Miller for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3823575 issued. Signed on 9/9/2014 by Judge Marco A. Hernandez. (ecp)
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| Filing 23 Notification of CM/ECF Account: Attorney Peggy E. Bruggman (appearing Pro Hac Vice). Login ID: pebruggman. Complete your account setup by following the instructions available on the #Court's website. (ecp) |
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Filing 22
Order Granting Application for Special Admission Pro Hac Vice of Peggy E. Bruggman for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3823598 issued. Signed on 9/9/2014 by Judge Marco A. Hernandez. (ecp)
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| Filing 21 Motion for Leave to Appear Pro Hac Vice for Attorney Peggy E. Bruggman . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3823598. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 20 Motion for Leave to Appear Pro Hac Vice for Attorney Deborah K. Miller . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3823575. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 19 Motion for Leave to Appear Pro Hac Vice for Attorney Dorian E. Daley . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3823452. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 18 Amended Complaint . Filed by Oracle America, Inc. against Oregon Health Insurance Exchange Corporation, The State of Oregon, by and through the Oregon Health Authority and the Oregon Department of Health Services (Attachments: #1 Exhibit A, #2 Exhibit B part 1 of 3, #3 Exhibit B part 2 of 3, #4 Exhibit B part 3 of 3). (Legaard, Brenna) |
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Filing 17
Scheduling Order by Judge Anna J. Brown. Oral Argument on Defendant's Motion to Dismiss for Failure to State a Claim and Failure to Join Necessary and Indispensible Party, Alternative Motion for Stay #15 is SET for 10/20/2014 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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| Filing 16 Declaration of Lisa A. Kaner In Support of Motion to Dismiss or, in the Alternative, Stay Proceedings. Filed by Oregon Health Insurance Exchange Corporation. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion for Stay #15 .) (Attachments: #1 Exhibit 1) (Kaner, Lisa) |
| Filing 15 Motion to Dismiss for Failure to State a Claim and Failure to Join Necessary and Indispensible Party, Alternative Motion for Stay . Oral Argument requested. Filed by Oregon Health Insurance Exchange Corporation. (Kaner, Lisa) |
| Filing 14 Affidavit of Service upon Oregon Health Insurance Exchange Corporation served on 8/11/2014, answer due on 9/2/2014. Filed by Oracle America, Inc.. (Legaard, Brenna) Modified to include answer due date on 8/22/2014 (sss). |
| Filing 13 Notice of Case Reassignment: This case has been reassigned from Judge Garr M. King to Judge Anna J. Brown. (eo) |
| Filing 12 Notification of CM/ECF Account: Attorney Robert S. Shwarts (appearing Pro Hac Vice). Login ID: rsshwarts. Complete your account setup by following the instructions available on the #Court's website. (ecp) |
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Filing 11
Order Granting Application for Special Admission Pro Hac Vice of Robert S. Shwarts for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3789447 issued. Signed on 8/12/2014 by Judge Garr M. King. (ecp)
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Filing 10
Order Granting Application for Special Admission Pro Hac Vice of Karen G. Johnson-McKewan for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3789451 issued. Signed on 8/12/2014 by Judge Garr M. King. (ecp)
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| Filing 9 Notification of CM/ECF Account: Attorney Erin M. Connell (appearing Pro Hac Vice). Login ID: emconnell. Complete your account setup by following the instructions available on the #Court's website. (ecp) |
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Filing 8
Order Granting Application for Special Admission Pro Hac Vice of Erin M. Connell for Oracle America, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3789461 issued. Signed on 8/12/2014 by Judge Garr M. King. (ecp)
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| Filing 7 Motion for Leave to Appear Pro Hac Vice for Attorney Erin M. Connell . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3789461. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 6 Motion for Leave to Appear Pro Hac Vice for Attorney Karen G. Johnson-McKewan . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3789451. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 5 Motion for Leave to Appear Pro Hac Vice for Attorney Robert S. Shwartz . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3789447. Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 4 Summons Issued Electronically as to Oregon Health Insurance Exchange Corporation. 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. (dsg) |
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Filing 3
Notice of Case Assignment to Judge Garr M. King 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 12/8/2014. Joint Alternate Dispute Resolution Report is due by 1/5/2015. Pretrial Order is due by 1/5/2015. Ordered by Judge Garr M. King. (dsg)
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| Filing 2 Exhibits Civil Cover Sheet re Complaint, #1 . Filed by Oracle America, Inc.. (Legaard, Brenna) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3789286 Jury Trial Requested: Yes. Filed by Oracle America, Inc. against DOES 1-25, inclusive, Oregon Health Insurance Exchange Corporation, a Public Corporation, dba Cover Oregon (Attachments: #1 Exhibit A, #2 Exhibit B 1 of 2, #3 Exhibit B 2 of 2, #4 Civil Cover Sheet, #5 Proposed Document). (Legaard, Brenna) |
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