Morgan Stanley Smith Barney LLC v. Sayler
Plaintiff: Morgan Stanley Smith Barney LLC
Defendant: David James Sayler
Case Number: 1:2019cv01067
Filed: July 9, 2019
Court: US District Court for the District of Oregon
Presiding Judge: Ann L Aiken
Nature of Suit: Contract: Other Contract Actions
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2019 Opinion or Order Filing 20 OPINION AND ORDER: On this record, the Court concludes that there are serious questions going to the merits of this case and the balance of equities tips slightly in Morgan Stanley's favor. However, Morgan Stanley has failed to clearly establish that it will suffer irreparable harm in the absence of further injunctive relief. Accordingly, the motion for continuing injunctive relief is DENIED and the previously issued injunction is dissolved. Signed on 7/31/2019 by Judge Ann L. Aiken. (ck)
July 19, 2019 Filing 19 MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken. The Court hears argument as stated on the record and takes the matter under advisement as of 7/19/2019. Formal Written Opinion to follow. Joseph Gehring, Jr., Joseph Field present as counsel for plaintiff. David Symes present as counsel for defendant. Court Reporter: Deborah Cook. (ck)
July 18, 2019 Filing 18 Reply Declaration of Joseph E. Gehring, Jr. to Motion for Temporary Restraining Order with proposed form of Order Granting Motion attached to Motion as Exhibit A #2 . Filed by Morgan Stanley Smith Barney LLC. (Gehring, Joseph)
July 18, 2019 Filing 17 Reply Declaration of Ray Cox to Motion for Temporary Restraining Order with proposed form of Order Granting Motion attached to Motion as Exhibit A #2 Oral Argument requested. Filed by Morgan Stanley Smith Barney LLC. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Households Report, #3 Exhibit C - Printing Report) (Gehring, Joseph)
July 18, 2019 Filing 16 Declaration of David James Sayler in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by David James Sayler. (Related document(s): Response in Opposition to Motion #15 .) (Symes, David)
July 18, 2019 Filing 15 Response in Opposition to Motion for Preliminary Injunction and to Motion for Temporary Restraining Order with proposed form of Order Granting Motion attached to Motion as Exhibit A #2 . Filed by David James Sayler. (Symes, David)
July 12, 2019 Filing 14 Bond in the amount of $25,000 posted. . Filed by Morgan Stanley Smith Barney LLC. (Gehring, Joseph)
July 12, 2019 Opinion or Order Filing 13 Scheduling Order by Judge Ann L. Aiken. Based upon the schedule of the Court, the Preliminary Injunction Hearing is reset from 7/19/2019 at 02:00PM to 7/19/2019 at 03:00PM in Eugene Courtroom 1 before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
July 10, 2019 Filing 12 Certificate of Service by Morgan Stanley Smith Barney LLC of Order on motion for Temporary Restraining Order,, #11 Filed by Morgan Stanley Smith Barney LLC. (Field, Joseph)
July 10, 2019 Opinion or Order Filing 11 ORDER: Motion for a Temporary Restraining Order #2 is GRANTED. On 7/19/2019 at 02:00PM, the parties are directed to appear at a Preliminary Injunction Hearing at the United States District Courthouse in Eugene Courtroom 1 before Judge Ann L. Aiken to determine whether this temporary restraining order should continue as a preliminary injunction. The parties may appear by telephone at the preliminary injunction hearing and should contact Courtroom Deputy Cathy Kramer for details. Signed on 7/10/2019 at 03:10PM by Judge Ann L. Aiken. (ck)
July 10, 2019 Filing 10 Supplement (Erratum correcting omitted word "soliciting" from both complaint and proposed form of TRO, with amended proposed TRO attached as Exhibit A). Filed by Morgan Stanley Smith Barney LLC. (Related document(s): Complaint, #1 , Motion for Temporary Restraining Order, #2 .) (Field, Joseph)
July 10, 2019 Filing 9 Notification of CM/ECF Account for Joseph E. Gehring Jr. (Pro Hac Vice admission). Your login is: jegehring. Go to #the CM/ECF login page to set your password. (jkm)
July 9, 2019 Opinion or Order Filing 8 ORDER: Granting Application for Special Admission Pro Hac Vice of Joseph E. Gehring, Jr for Morgan Stanley Smith Barney LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5918636 issued. Signed on 7/9/2019 by Judge Ann L. Aiken. (jkm)
July 9, 2019 Opinion or Order Filing 7 CASE MANAGEMENT ORDER. Signed on 7/9/2019 by Judge Ann L. Aiken. (ck)
July 9, 2019 Filing 6 Summons Issued Electronically as to David James Sayler. 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. (jkm)
July 9, 2019 Opinion or Order Filing 5 Notice of Case Assignment to Judge Ann L. Aiken 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 11/6/2019. Joint Alternate Dispute Resolution Report is due by 12/6/2019. Pretrial Order is due by 12/6/2019. Ordered by Judge Ann L. Aiken. (jkm)
July 9, 2019 Filing 4 Corporate Disclosure Statement . Filed by Morgan Stanley Smith Barney LLC. (Field, Joseph)
July 9, 2019 Filing 3 Motion for Leave to Appear Pro Hac Vice for Attorney Joseph E. Gehring . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5918636. Filed by Morgan Stanley Smith Barney LLC. (Field, Joseph)
July 9, 2019 Filing 2 Motion for Temporary Restraining Order with proposed form of Order Granting Motion attached to Motion as Exhibit A. Oral Argument requested.Expedited Hearing requested. Filed by Morgan Stanley Smith Barney LLC. (Attachments: #1 Appendix Appendix of Unreported Decisions, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration) (Field, Joseph)
July 9, 2019 Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5918510 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Morgan Stanley Smith Barney LLC against David James Sayler (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Field, Joseph)

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Defendant: David James Sayler
Represented By: David P. R. Symes
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Plaintiff: Morgan Stanley Smith Barney LLC
Represented By: Joseph A. Field
Represented By: Joseph E. Gehring, Jr.
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