Schmidt v. Summit Funding, Inc. et al
| Dean Schmidt |
| Summit Funding, Inc. and David Kammerer |
| 6:2015cv00640 |
| April 15, 2015 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Thomas M Coffin |
| Labor: Fair Standards |
| 29 U.S.C. § 0216 |
| Defendant |
Docket Report
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| Filing 81 Clerk's Notice of Second Mailing to Lane County Circuit Court regarding Judgment #79 . (plb) |
| Filing 80 Clerk's Notice of Mailing to Lane County Circuit Court regarding Judgment #79 . (plb) |
| Filing 79 Judgment. This matter is remanded to the Circuit Court of the State of Oregon for the County of Lane. Signed on 3/27/2017 by the Clerk. (plb) |
Filing 78
ORDER: Adopting Findings and Recommendation #76 . This action is remanded to the Circuit Court of the State of Oregon for the County of Lane. Signed on 3/22/2017 by Judge Michael J. McShane. (plb)
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Filing 77
Order referring Findings & Recommendation #76 to Judge Michael J. McShane. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 76 Findings & Recommendation: This action should be remanded to the Circuit Court of the State of Oregon for the County of Lane. Objections to the Findings and Recommendation are due by 1/27/2017. Signed on 1/10/2017 by Magistrate Judge Thomas M. Coffin. (plb) |
| Filing 75 MINUTES of Proceedings: Motion Hearing Held regarding Motion to compel #59 , Motion for Partial Summary Judgment #44 , Motion for Summary Judgment #38 , Motion for Partial Summary Judgment #57 , Motion for Partial Summary Judgment #56 , Motion to Strike #52 , Motion to compel #66 . Motions are taken under advisement as of 1/9/2017. Randolph Turnbow present as counsel for plaintiff. Alden Parker; Anne Milligan present as counsel for defendants. Court Reporter: Kristi Anderson. Magistrate Judge Thomas M. Coffin presiding. (plb) Corrected counsel present on 1/13/2017 (plb). |
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Filing 74
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Compel #59 , Motion for Partial Summary Judgment #44 , Motion for Summary Judgment #38 , Motion for Partial Summary Judgment on Defendants' 32 Affirmative Defenses #57 , Amended Motion for Partial Summary Judgment partial-judicial estoppel defense #56 , Motion to Strike Illegal Surreply #52 , Corrected Motion to Compel #66 . Oral Argument is reset on 1/6/2017 from 10:00AM to 02:00PM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 73 Response in Opposition to Corrected Motion to Compel Production of Documents #66 Oral Argument requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 72 Corrected Declaration of Dean Schmidt. Filed by Dean Schmidt. (Related document(s): Motion for Summary Judgment #38 , Motion for Partial Summary Judgment #44 , Motion for Partial Summary Judgment #56 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Turnbow, Wm.) |
| Filing 71 Declaration of Alden J. Parker in Support of Defendants' Response in Opposition to Motion for Partial Summary Judgment - Affirmative Defenses. Filed by David Kammerer, Summit Funding, Inc.. (Related document(s): Response in Opposition to Motion #70 .) (Parker, Alden) |
| Filing 70 Response in Opposition to Motion for Partial Summary Judgment on Defendants' 32 Affirmative Defenses #57 Oral Argument requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 69 Declaration of Alden J. Parker in Support of Defendants' Response in Opposition to Plaintiff's Amended Cross-Motion for Summary Judgment - Judicial Estoppel. Filed by David Kammerer, Summit Funding, Inc.. (Related document(s): Response in Opposition to Motion #68 .) (Parker, Alden) |
| Filing 68 Response in Opposition to Amended Motion for Partial Summary Judgment partial-judicial estoppel defense #56 Oral Argument requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 67 Clerk's Notice of Docket Correction regarding #65 Exhibit A to Declaration of Alden J. Parker. The PDF attached to this entry at filing was incorrect. The document was missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (eo) |
| Filing 66 Corrected Motion to Compel Production of Documents. Oral Argument requested. Filed by Dean Schmidt. (Attachments: #1 Exhibit Request for Produciton) (Turnbow, Wm.) |
| Filing 65 Supplement /Exhibit A to Declaration of Alden J. Parker. Filed by All Defendants. (Related document(s): Declaration #64 .) (Parker, Alden) (Main Document 65 replaced on 12/20/2016) (eo). |
| Filing 64 Declaration of Alden J. Parker. Filed by David Kammerer, Summit Funding, Inc.. (Related document(s): Response in Opposition to Motion #63 .) (Parker, Alden) |
| Filing 63 Response in Opposition to Motion to Compel Production of Documents #59 Oral Argument requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 62 Reply to Motion to Strike Illegal Surreply #52 Oral Argument requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 61 Declaration of . Filed by Dean Schmidt. (Related document(s): Motion to compel #59 .) (Attachments: #1 Exhibit 1-Response to Request for Production) (Turnbow, Wm.) |
| Filing 60 Memorandum in Support . Filed by Dean Schmidt. (Related document(s): Motion to compel #59 .) (Attachments: #1 Exhibit 1-Response to Request for Production) (Turnbow, Wm.) |
| Filing 59 Motion to Compel Production of Documents. Oral Argument requested. Filed by Dean Schmidt. (Attachments: #1 Exhibit A-Reqest for Production) (Turnbow, Wm.) |
| Filing 58 Memorandum in Support . Filed by Dean Schmidt. (Related document(s): Motion for Partial Summary Judgment #57 .) (Turnbow, Wm.) |
| Filing 57 Motion for Partial Summary Judgment on Defendants' 32 Affirmative Defenses. Oral Argument requested. Filed by Dean Schmidt. (Turnbow, Wm.) |
| Filing 56 Amended Motion for Partial Summary Judgment partial-judicial estoppel defense. Filed by Dean Schmidt. (Turnbow, Wm.) |
| Filing 55 Memorandum in Opposition to Motion to Strike Illegal Surreply #52 . Filed by Dean Schmidt. (Turnbow, Wm.) |
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Filing 54
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Strike Illegal Surreply #52 . Oral Argument is set for 1/6/2017 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 53 Declaration of Anne Milligan . Filed by All Defendants. (Related document(s): Motion to Strike #52 .) (Parker, Alden) |
| Filing 52 Motion to Strike Illegal Surreply. Oral Argument requested. Filed by All Defendants. (Parker, Alden) |
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Filing 51
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion for Partial Summary Judgment #44 , Motion for Summary Judgment #38 . Oral Argument is reset from 12/16/2016 to 1/6/2017 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 50 Reply Memorandum in Support Cross-Motion for partial summary judgment. Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment #44 .) (Turnbow, Wm.) Modified typo on 11/21/2016 (jk). |
| Filing 49 Brief Request forJudicial Notice. Filed by All Defendants. (Related document(s): Reply to Motion #47 .) (Attachments: #1 Exhibit #1) (Parker, Alden) |
| Filing 48 Declaration of Anne Milligan In Support of Defendants' Reply In Support of Their Motion For Summary Judgment. Filed by All Defendants. (Related document(s): Reply to Motion #47 .) (Attachments: #1 Exhibit #1) (Parker, Alden) |
| Filing 47 Reply In Support to Motion for Summary Judgment #38 Oral Argument requested. Filed by All Defendants. (Parker, Alden) |
| Filing 46 Declaration of Dean Schmidt . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment #38 , Motion for Partial Summary Judgment #44 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Turnbow, Wm.) |
| Filing 45 Declaration of Wm. Randolph Turnbow . Filed by All Plaintiffs. (Turnbow, Wm.) |
| Filing 44 Motion for Partial Summary Judgment . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Turnbow, Wm.) |
| Filing 43 Memorandum in Opposition to Motion for Summary Judgment #38 Oral argument requested. Filed by All Plaintiffs. (Turnbow, Wm.) |
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Filing 42
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion for Summary Judgment #38 . Oral Argument is set for 12/16/2016 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 41 Brief /Request for Judicial Notice. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #38 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Parker, Alden) |
| Filing 40 Declaration of Christopher K. Camara. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #38 .) (Attachments: #1 Exhibit 1) (Parker, Alden) |
| Filing 39 Declaration of Alden J. Parker . Filed by All Defendants. (Related document(s): Motion for Summary Judgment #38 .) (Attachments: #1 Exhibit 1) (Parker, Alden) |
| Filing 38 Motion for Summary Judgment . Oral Argument requested. Filed by All Defendants. (Parker, Alden) |
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Filing 37
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #36 . Consent to Magistrate, if any, is to be filed by 10/31/2016. Dispositive Motions are due by 10/31/2016. Discovery is to be completed 60 days after dispositive motions are ruled on or by 1/31/2017 if no dispositive motions are filed. Joint Alternate Dispute Resolution Report are due 30 days after dispositive motions are ruled on or by 1/31/2017 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 36 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Milligan, Anne) |
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Filing 35
ORDER: Granting Joint Motion to Dismiss Stipulation to Dismiss Plaintiff's Second Cause of Action With Prejudice #33 . Plaintiff's second cause of action is dismissed with prejudice and without costs or attorney fees to any party. Signed on 9/27/2016 by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 34 Notice of Change of Address. Filed by David Kammerer, Summit Funding, Inc. (Parker, Alden) |
| Filing 33 Joint Motion to Dismiss Stipulation to Dismiss Plaintiff's Second Cause of Action With Prejudice. Filed by All Defendants. (Milligan, Anne) |
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Filing 32
Stipulated Protective Order. Signed on 6/22/2016 by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 31 Declaration of Anne Milligan . Filed by All Defendants. (Related document(s): Motion for Protective Order #30 .) (Milligan, Anne) |
| Filing 30 Unopposed Motion for Protective Order . Expedited Hearing requested. Filed by All Defendants. (Attachments: #1 Proposed Order) (Milligan, Anne) |
| Filing 29 Notice of Attorney Withdrawal: Filed by All Defendants (Misfeldt, Travis) |
| Filing 28 Notice of Appearance of Anne M. Milligan appearing on behalf of All Defendants Filed by on behalf of All Defendants (Milligan, Anne) |
| Filing 27 Notice of Attorney Substitution:Attorney Alden J. Parker of Fisher & Phillips LLP is substituted as counsel of record Filed by Summit Funding, Inc., David Kammerer (Parker, Alden) |
| Filing 26 MINUTES of Proceedings: Telephone Rule 16 Conference. OrderGranting Motion for Extension of Discovery & PTO Deadlines #25 . Discovery is to be completed by 10/11/2016. Dispositive Motions are due by 10/11/2016., Consent to Magistrate, if any, is to be filed by 10/11/2016. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on by 11/14/2016 if no dispositive motions are filed. Randolph Turnbow present as counsel for plaintiff. Alden Parker; Travis Misfeldt present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (plb) |
| Filing 25 Unopposed Motion to Continue Discovery and Pretrial Deadlines. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) Corrected Event Type on 3/3/2016 (plb). |
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Filing 24
Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is set for 3/1/2016 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 23 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Summit Funding, Inc., David Kammerer. (Parker, Alden) |
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Filing 22
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #21 . All pleadings pursuant to Fed. R. Civ. P. 7(a) and 15 and joinder of all claims, remedies and parties pursuant to Fed. R. Civ. P. 18 and 19 are due by 3/11/2016. Dispositive Motions are due by 3/11/2016. Discovery is to be completed by 3/11/2016. Joint Alternate Dispute Resolution Report and Pretrial Order due 30 days after dispositive motions are ruled on or by 4/12/2016 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb) Modified on 9/10/2015 to correct date (jk).
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| Filing 21 Unopposed Motion for Extension of Discovery & PTO Deadlines . Oral Argument requested.Expedited Hearing requested. Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
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Filing 20
ORDER: Magistrate Judge Coffin's Findings and Recommendation #15 , is adopted in full. Defendants' Motion to Dismiss #8 is denied. Signed on 8/13/2015 by Judge Michael J. McShane. (cp)
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| Filing 19 Notice of Attorney Substitution:Attorney Wm. Randolph Turnbow is substituted as counsel of record in place of Attorney Alexandra P. Hilsher and Todd R. Johnston Filed by Dean Schmidt (Turnbow, Wm.) |
| Filing 18 Response to Objections to Findings & Recommendation. Related document(s): #17 Objections to Findings & Recommendation, #15 Findings & Recommendation,. Filed by Dean Schmidt. (Hilsher, Alexandra) |
| Filing 17 Objections of Defendants to Findings & Recommendation: Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #8 should be denied #15 . Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
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Filing 16
Order referring Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties #8 , Findings & Recommendation: Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties #8 should be denied #15 to Judge Michael J. McShane. Signed on 6/2/2015 by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 15 Findings & Recommendation: Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties #8 should be denied. Objections to the Findings and Recommendation are due by 6/19/2015. Signed on 6/2/2015 by Magistrate Judge Thomas M. Coffin. (plb) |
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Filing 14
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #13 . All pleadings pursuant to Fed. R. Civ. P. 7(a) and 15 and joinder of all claims, remedies and parties pursuant to Fed. R. Civ. P. 18 and 19. Discovery is to be completed by 9/11/2015. Dispositive Motions are due by 9/11/2015. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 10/13/2015 if no dispositive motions are filed. Pretrial Order is due by 10/13/2015. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 13 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Dean Schmidt. (Hilsher, Alexandra) |
| Filing 12 Reply to Plaintiff's Response to Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #8 . Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 11 Response to Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #8 . Filed by Dean Schmidt. (Johnston, Todd) |
| Filing 10 Fed. R. Civ. P. 26(a)(1) Agreement . Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 9 Demand for Jury Trial by David Kammerer, Summit Funding, Inc. . Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 8 Motion to Dismiss Plaintiff's Claim Alleging Breach of Partnership Duties Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Summit Funding, Inc., David Kammerer. (Parker, Alden) |
| Filing 7 Corporate Disclosure Statement . Filed by David Kammerer, Summit Funding, Inc.. (Parker, Alden) |
| Filing 6 Notification of CM/ECF Account for Attorney Alden J. Parker (appearing Pro Hac Vice). Your login is: ajparker. Go to #the CM/ECF login page to set your password. (ljb) |
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Filing 5
ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Alden J. Parker for David Kammerer,Alden J. Parker for Summit Funding, Inc. Application Fee in amount of $100 collected. Receipt No. 0979-4082624 issued. Signed on 4/16/15 by Magistrate Judge Thomas M. Coffin. (ljb)
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Filing 4
Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 8/14/2015. Joint Alternate Dispute Resolution Report is due by 9/14/2015. Pretrial Order is due by 9/14/2015. Ordered by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 3 First Motion for Leave to Appear Pro Hac Vice for Attorney Alden J. Parker . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4082624. Filed by All Defendants. (Misfeldt, Travis) |
| Filing 2 Supplemental Exhibits Civil Cover Sheet re Notice of Removal, #1 . Filed by All Defendants. (Misfeldt, Travis) |
| Filing 1 Notice of Removal of Case Number 16-15-02775 from Lane County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-4082569 issued.. Filed by Summit Funding, Inc. (Attachments: #1 Exhibit Plaintiff's Summons and Complaint, #2 Exhibit Defendants' Notice of Acceptance of Service). (Misfeldt, Travis) |
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