Barclay v. U.S. Airways, Inc
Edward B. Barclay |
U.S. Airways, Inc, Stevan Gressit and John Doe Number 2 |
6:2011cv06260 |
August 19, 2011 |
US District Court for the District of Oregon |
Eugene Office |
Thomas M Coffin |
Airplane Personal Injury |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on May 30, 2013. A more recent docket listing may be available from PACER.
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Filing 68 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (plb) |
Filing 67 MINUTES of Proceedings: Settlement Conference held by Judge Acosta. This matter has reached a settlement. Any further direction to the parties will be communicated by Judge Coffin's staff. Thomas Flaherty present as counsel for plaintiff(s). Stuart Smith, Timothy Miller present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) |
Filing 66 SCHEDULING ORDER by Judge Acosta - SETTING a Settlement Conference for Wednesday, May 29, 2013, at 9:00AM, in Judge Acosta's chambers on the 11th floor of the Mark O. Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204. Plaintiff to arrive at 9:00AM, and Defendant to arrive at 9:30AM. (peg) |
Filing 65 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #64 . Discovery is to be completed by 4/15/2013. Dispositive Motions are due by 5/15/2013. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 6/14/2013 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb) |
Filing 64 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 63 Scheduling Order by Magistrate Judge Thomas M. Coffin. Pursuant to the court's order issued on 8/8/2012, Discovery is to be completed by 2/12/2013. Dispositive Motions are due by 3/14/2013. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 4/15/2013 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb) |
Filing 62 ORDER: Adopting Judge Coffin's Findings and Recommendation #59 ; ORDER Denying Defendant's Motion for Summary Judgment #24 ; ORDER Denying Defendant's Motion to Strike (filed as "Defendant US Airways, Inc.'s Reply to Plaintiff's Response to Defendant US Airways, Inc.'s Motion for Summary Judgment") #56 . Signed on 1/13/2013 by Chief Judge Ann L. Aiken. (lg) |
Filing 61 Objections to Motion for Summary Judgment #24 , Findings & Recommendation: Motion for Summary Judgment #24 should be denied #59 . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 60 Order referring Motion for Summary Judgment #24 , Findings & Recommendation: Motion for Summary Judgment #24 should be denied #59 to Chief Judge Ann L. Aiken. Ordered by Magistrate Judge Thomas M. Coffin. (plb) |
Filing 59 Findings & Recommendation: Motion for Summary Judgment #24 should be denied. Objections to the Findings and Recommendation are due by 12/3/2012. Signed on 11/16/2012 by Magistrate Judge Thomas M. Coffin. (plb) |
Filing 58 Notice of Case Reassignment: This case has been reassigned from Judge Michael R. Hogan to Magistrate Judge Thomas M. Coffin. (eo) |
Filing 57 Scheduling Order by U.S. District Judge Michael R. Hogan vacating oral argument set 11/6/12. The court will rule on the motion based upon the briefs filed. Motion for Summary Judgment #24 is taken under advisement as of 10/29/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln) |
Filing 56 Reply to Motion for Summary Judgment #24 . Filed by U.S. Airways, Inc. (Attachments: #1 Attachment Declaration of T. Schmidt, #2 Attachment Declaration of S. Batra, #3 Attachment Declaration of G. Muccilli, #4 Exhibit Exhibit D) (Smith, Stuart) |
Filing 55 ORDER: Granting Motion for Extension of Time to File Reply to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Reply is due by 10/4/2012. Ordered by U.S. District Judge Michael R. Hogan. (cw) |
Filing 54 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #24 . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 53 Affidavit of Thomas J. Flaherty in Support of Supplemental Response to Motion for Summary Judgment. Filed by Edward B. Barclay. (Related document(s): Response to Motion #52 .) (Attachments: #1 Attachment, #2 Attachment) (Flaherty, Thomas) |
Filing 52 Supplemental Response to Motion for Summary Judgment #24 Oral Argument requested. Filed by Edward B. Barclay. (Flaherty, Thomas) |
Filing 51 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion for Summary Judgment #24 . Oral Argument is set for 11/6/2012 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. The court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (sln) |
Filing 50 ORDER: Granting Motion to Allow Filing of Supplemental Response to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Response is due by 9/17/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln) |
Filing 49 Unopposed Motion to Allow Filing of Supplemental Response to U.S. Airways' Motion for Summary Judgment. Oral argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment) (Flaherty, Thomas) |
Filing 48 Affidavit of Thomas J. Flaherty . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order, #10 Exhibit, #11 Supplement, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Flaherty, Thomas) |
Filing 47 Affidavit of Thomas G. Miller . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas) |
Filing 46 Affidavit of Kevin A. Darcy . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas) |
Filing 45 Affidavit of Robert C. Hulse. Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas) Modified docket text to enter correct affidavit for Hulse on 8/9/2012 (cib). |
Filing 44 Response to Motion for Summary Judgment #24 Oral Argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment Index of Exhibits) (Flaherty, Thomas) |
Filing 43 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #42 . Discovery shall be completed and a joint status report filed 30 days following the court's decision on the pending motion for summary judgment. Dispositive motions shall be filed 30 days following the close of discovery. Ordered by U.S. District Judge Michael R. Hogan. (cw) |
Filing 42 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 41 MINUTES of Proceedings: Telephone hearing on plaintiff's Motion to Compel [#33] and defendant's Motion for Protective Order [#36]. Plaintiff's Motion to Compel [#33], is GRANTED to the extent that plaintiff has agreed to limit questions to a two year period preceding the incident at issue. Defendant's Motion For Protective Order [#36] is DENIED. Thomas Flaherty present as counsel for plaintiff. Stuart Smith, Timothy Miller present as counsel for defendant. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (cw) |
Filing 40 ORDER: Granting Motion for Extension of Time #39 . Discovery is to be completed by 8/31/2012. Joint Status Report is due by 8/31/2012. Response to motion for summary judgment is due by 8/31/2012. Ordered by U.S. District Judge Michael R. Hogan. (cw) |
Filing 39 Unopposed Motion for Extension of Time to Complete Discovery, to File Joint Status Report, and for Plaintiff to Respond to U.S. Airways' Motion for Summary Judgment. Filed by Edward B. Barclay. (Flaherty, Thomas) |
Filing 38 Response to Motion for Protective Order #36 Oral argument requested. Filed by Edward B. Barclay. (Flaherty, Thomas) |
Filing 37 Order regarding Motion for Protective Order #36 .Telephonic Oral Argument is set for 7/17/2012 at 09:00AM before U.S. District Judge Michael R. Hogan. The court will initiate the call. (cw) |
Filing 36 Motion for Protective Order . Oral Argument requested. Filed by U.S. Airways, Inc. (Attachments: #1 Memorandum in Support of Motion for Protective Order, #2 Attachment Exhibit A to Memorandum in Support of Motion for Protective Order) (Smith, Stuart) |
Filing 35 Response to Motion to Compel Discovery by Deposition #33 . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 34 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion to Compel Discovery by Deposition #33 . Oral Argument is set for 7/17/2012 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. The Court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 33 Motion to Compel Discovery by Deposition. Oral argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment Memorandum of Law, #2 Attachment Exhibit A, #3 Attachment Exhibit B) (Flaherty, Thomas) |
Filing 32 ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Response is due by 7/5/2012. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 31 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #24 . Filed by Edward B. Barclay. (Attachments: #1 Attachment Memorandum of Law) (Flaherty, Thomas) |
Filing 30 Declaration of Stuart Smith in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex. 1 to S. Smith Dec, #2 Exhibit Ex. 2 to S. Smith Dec., #3 Exhibit Ex. 3 to S. Smith Dec., #4 Exhibit Ex. 4 to S. Smith Dec.) (Smith, Stuart) |
Filing 29 Declaration of Ronald Thomas in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Exhibit C to Thomas Dec.) (Smith, Stuart) |
Filing 28 Declaration of Heather Derks in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex B to Derks Declaration) (Smith, Stuart) |
Filing 27 Declaration of Michele Marino in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex A to Marino Declaration) (Smith, Stuart) |
Filing 26 Declaration of Gail McFetridge in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Smith, Stuart) |
Filing 25 Memorandum in Support of Defendant US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Smith, Stuart) |
Filing 24 Motion for Summary Judgment . Oral Argument requested. Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 23 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #22 to the extent that the parties shall provide disclosure of plaintiff's expert witnesses and reports by 3/20/2012; Provide disclosure of defendant's expert witnesses and reports by 4/20/2012; Exchange rebuttal expert reports by 5/21/2012; Complete all discovery and file Joint Status Report by 6/20/2012; Confer as to Joint ADR Report by 6/20/2012; File all pretrial, discovery and dispositive motions by 7/23/2012. Joint ADR Report and Pretrial Order are due 30 days after the Court's ruling on any dispositive motions. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 22 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 21 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Strike #9 . Ordered motion is granted. Thomas Flaherty present as counsel for plaintiff. Stuart Smith and Timothy Miller present as counsel for defendant(s).(Court Reporter Deb Wilhelm.) (jw) |
Filing 20 ORDER: Granting Motion #19 to Extend Deadline. Expert Witness Reports are due by 3/20/2012. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 19 Unopposed Motion to Extend Deadline for Submission of Expet Witness Reports. Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment) (Flaherty, Thomas) |
Filing 18 First Complaint. Jury Trial Requested: Yes.Filed by Edward B. Barclay against Edward B. Barclay. (Flaherty, Thomas) |
Filing 17 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion to Strike #9 . Oral Argument is set for 1/24/2012 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. The Court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 16 ORDER: Granting Motion for a Protective Order #13 . Signed on 12/21/2011 by U.S. District Judge Michael R. Hogan. (jw) |
Filing 15 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Social Security Procedural Order #14 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Order #14 was entered in the incorrect case and is hereby stricken from the record.. (cp) |
Filing 13 Motion for Protective Order . Filed by Edward B. Barclay, U.S. Airways, Inc. (Miller, Timothy) |
Filing 12 Memorandum in Opposition to Motion to Strike #9 Filed by U.S Airways. (Attachments: #1 Exhibit) (Miller, Timothy) Modified on 12/15/2011 (cw). Modified text to delete oral argument requested - not stated on document on 12/16/2011 (sln). |
Filing 14 *STRICKEN* Social Security Procedural Order and Notice of Case Assignment to U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (cp) Modified on 12/20/2011 per administrative correction(cp). |
Filing 11 ORDER: Granting Motion to File Amended Complaint #10 . Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 10 Motion to Allow Filing of First Amended Complaint. Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment) (Flaherty, Thomas) |
Filing 9 Motion to Strike . Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment, #3 Exhibit, #4 Exhibit) (Flaherty, Thomas) Modified text on 11/29/2011 (sln). |
Filing 8 Scheduling Order by U.S. District Judge Michael R. Hogan pursuant to Joint Report #7 . The parties shall file all pleadings pursuant to Fed. R. Civ. P. 7(a) and 15 by 12/19/2011; Join all claims, remedies and parties pursuant to Fed. R. Civ. P. 18 and 19 by 12/19/2011; Provide disclosure of plaintiff's expert witnesses and reports by 1/20/2012; Provide disclosure of defendant's expert witnesses and reports by 2/21/2012; Exchange rebuttal expert reports by 3/20/2012; Complete all discovery and file Joint Status Report by 4/20/2012; Confer as to Joint ADR Report by 4/20/2012; File all pretrial, discovery and dispositive motions by 5/21/2012. Joint ADR Report and Pretrial Order are due 30 days after the Court's ruling on any dispositive motions. Ordered by U.S. District Judge Michael R. Hogan. (jw) |
Filing 7 Joint Report To Court Of Initial Conference For Discovery Planning FRCP 26(f). Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 6 Affidavit of Service upon U.S. Airways, Inc served on 8/24/2011 Filed by Edward B. Barclay. (Flaherty, Thomas) |
Filing 5 Answer to #1 Complaint , Counterclaim Against Plaintiff Edward B. Barclay. Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 4 Corporate Disclosure Statement . Filed by U.S. Airways, Inc. (Smith, Stuart) |
Filing 3 Summons Issued as to U.S. Airways, Inc (sln) |
Filing 2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to U.S. District Judge Michael R. Hogan. Discovery is to be completed by 12/19/2011. Joint Status Report is due by 12/19/2011. Joint Alternate Dispute Resolution Report is due by 1/17/2012. Pretrial Order is due by 1/17/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln) |
Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 42276. Jury Trial Requested: yes. Filed by Edward B. Barclay against U.S. Airways, Inc. (Attachments: #1 Civil Cover Sheet) (sln) |
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