Aitkin v. USI Insurance Services, LLC
| Michael Aitkin |
| USI Insurance Services, LLC and Kibble & Prentice Holding Company a foreign corporation doing business as USI Insurance Services Northwest |
| Kibble & Prentice Holding Company |
| 2:2021cv00267 |
| February 18, 2021 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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Filing 51
Scheduling Order by Judge Marco A. Hernandez. At the parties' request, the Preliminary Injunction Hearing set for 4/29/2021 at 9:00AM is RESET to 5/14/2021 at 09:00AM in Portland by video conference before Judge Marco A. Hernandez. The parties shall use the same video conference connection information provided for the 4/29/2021 hearing. Defendant shall file the Preliminary Injunction brief by 4/23/2021. Plaintiff's Response is due by 4/30/2021. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 50
Answer to Defendants' Counterclaims. Filed by Michael Aitkin. (Wood, William)
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Filing 49
Scheduling Order - At the parties' request, the Preliminary Injunction Hearing set for 4/15/2021 is STRICKEN and RESET to 4/29/2021 at 09:00AM in Portland, by videoconference, before Judge Marco A. Hernandez. The Court will provide the parties with videoconference connection information by separate sealed entry. Ordered by Judge Marco A. Hernandez. (mja)
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Filing 48
Notice of Attorney Withdrawal: Elizabeth Semler Filed by Michael Aitkin. (Semler, Elizabeth)
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Filing 47
MINUTES of Proceedings: Telephone conference held regarding the parties' discovery dispute. The Court ruled on the issues as stated on the record. The parties shall confer regarding the date for deposing Mr. Tillman and advise the Court if the 4/15 Preliminary Injunction hearing needs to be reset. Seth Gerber and William S.T. Wood present as counsel for plaintiff(s). Lindsey Dates, Ariyike Diggs and Ivan Resendiz Gutierrez present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
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Filing 46
Scheduling Order by Judge Marco A. Hernandez. A Telephone conference regarding the parties' discovery dispute is set for 4/5/2021 at 10:15AM in Portland by telephone before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 45
Amended Answer to #33 Amended Complaint with Jury Demand , Amended Counterclaim Against Michael Aitkin. Filed by Kibble & Prentice Holding Company, USI Insurance Services, LLC. (Resendiz Gutierrez, Ivan)
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Filing 44
Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the Oral Argument set for 4/15/2021 at 9:00AM is RESET AS TO TIME ONLY to 09:45AM in Portland by video conference before Judge Marco A. Hernandez. Counsel shall use the same video access information previously provided. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 43
Scheduling Order by Judge Marco A. Hernandez. At the email request of Defendant, the deadline for filing the brief in support of its Motion for Preliminary Injunction, is extended from 4/5/2021 to 4/6/2021 by 11:59PM. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 42
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion for Temporary Restraining Order Hearing held on 2/24/21 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/5/2021. Redaction Request due 4/19/2021. Redacted Transcript Deadline set for 4/29/2021. Release of Transcript Restriction set for 6/28/2021. (White, Ryan)
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Filing 41
Corporate Disclosure Statement . Filed by Kibble & Prentice Holding Company. (Resendiz Gutierrez, Ivan)
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Filing 40
Answer to #33 Amended Complaint with Jury Demand , Defenses, Counterclaim Against Michael Aitkin. Filed by Kibble & Prentice Holding Company, USI Insurance Services, LLC. (Resendiz Gutierrez, Ivan)
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Filing 39
STIPULATED PROTECTIVE ORDER. Signed on 3/25/2021 by Judge Marco A. Hernandez. (jp)
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Filing 38
ORDER: Granting Robert A. Lewis' Motion for Leave to Appear Pro Hac Vice #37 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 37
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert A. Lewis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8008485. Filed by Michael Aitkin. (Lewis, Robert)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert A. Lewis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8008485 #37 : Reviewed and Ready for Ruling. (ecp)
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Filing 36
ORDER: Granting Ariyike Diggs's Motion for Leave to Appear Pro Hac Vice #34 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 35
Stipulated Motion for Protective Order . Filed by Michael Aitkin. (Wood, William)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ariyike Diggs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8005417 #34 : Reviewed and Ready for Ruling. (ecp)
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NOTICE OF REGISTRATION REQUIREMENT. Ariyike Diggs is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice, #34 .) (ecp)
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Filing 34
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ariyike Diggs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8005417. Filed by Kibble & Prentice Holding Company, USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 33
First Amended Complaint . Filed by Michael Aitkin, Kibble & Prentice Holding Company against USI Insurance Services, LLC, Kibble & Prentice Holding Company. (Wood, William)
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Filing 32
Answer to Defendant's Counterclaims. Filed by Michael Aitkin. (Wood, William)
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Filing 31
ORDER: The Court GRANTS Defendant's Motion for Leave to Seek Nonparty Discovery #23 . Each side may conduct no more than 7 fact witness depositions, including nonparty deponents. Party depositions shall be limited to 7 hours and nonparty depositions shall be limited to 4 hours. Each side is limited to 10 requests for production, 10 interrogatories, and 10 requests for admission. The parties shall respond to discovery requests within 7 days of service. Each side may serve up to 7 document subpoenas on nonparties, limited to 10 document requests per subpoena. Nonparties shall respond to the subpoenas within 14 days of service. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 30
Reply to Motion for Leave to Seek Nonparty Discovery #23 . Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 29
Declaration of Tab Wood in Support of. Filed by Michael Aitkin. (Related document(s): Response to Discovery Motion #28 .) (Wood, William)
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Filing 28
Response to Motion for Leave to Seek Nonparty Discovery #23 . Filed by Michael Aitkin. (Wood, William)
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Filing 27
MINUTES of Proceedings: Telephone Scheduling Conference held. The Court set the following schedule for briefing the preliminary injunction: USI's Brief is due by 4/5/2021. Aitkin's Brief is due by 4/12/2021. Oral Argument is set for 4/15/2021 at 09:00AM in Portland by video conference before Judge Marco A. Hernandez. With regards to USI's Motion for Leave to Seek Nonparty Discovery, Aitkin's Response is due by 5:00PM on 3/5/2021. USI's Reply is due by 5:00PM on 3/8/2021. Seth Gerber and William S.T. Wood present as counsel for plaintiff(s). Lindsey Dates and Naomi Levelle Haslitt present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
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Filing 26
ORDER: Granting Cristina A. McNeiley's Motion for Leave to Appear Pro Hac Vice #22 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 25
ORDER: Granting Jason T. Clagg's Motion for Leave to Appear Pro Hac Vice #21 . Ordered by Judge Marco A. Hernandez. (jp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cristina A. McNeiley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7967652 #22 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason T. Clagg. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7967373 #21 : Reviewed and Ready for Ruling. (ecp)
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Filing 24
Declaration of Lindsey D. G. Dates in Support of Defendant's Motion for Leave to Seek Nonparty Discovery. Filed by USI Insurance Services, LLC. (Related document(s): Motion for Leave #23 .) (Attachments: #1 Exhibit 1) (Levelle Haslitt, Naomi)
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Filing 23
Motion for Leave to Seek Nonparty Discovery. Oral Argument requested. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 22
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cristina A. McNeiley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7967652. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 21
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason T. Clagg. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7967373. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 20
Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 3/3/2021 at 12:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 19
OPINION AND ORDER: Defendant's Motion for a Temporary Restraining Order #3 is GRANTED in part as set forth in this Opinion & Order. IT IS SO ORDERED. Signed on 2/26/2021 by Judge Marco A. Hernandez. (pvh)
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Filing 18
MINUTES of Proceedings: Video Conference Hearing held regarding Defendant's Motion for Temporary Restraining Order #3 . The four Winters factors discussed and the motion is taken under advisement as of 2/24/2021. Seth Gerber and William S.T. Wood present as counsel for plaintiff(s). Lindsey Dates and Ivan R. Gutierrez present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
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Filing 17
ORDER: Granting Lindsey D. G. Dates Motion for Leave to Appear Pro Hac Vice #6 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 16
Declaration of Michael Aitkin in Support of. Filed by Michael Aitkin. (Related document(s): Response to Motion #14 .) (Wood, William)
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Filing 15
Declaration of Tab Wood in Support of. Filed by Michael Aitkin. (Related document(s): Response to Motion #14 .) (Wood, William)
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Filing 14
Response to Motion for Temporary Restraining Order , Preliminary Injunction, and Expedited Discovery #3 . Filed by Michael Aitkin. (Wood, William)
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Filing 13
ORDER: Granting Debra L. Fischer's Motion for Leave to Appear Pro Hac Vice #9 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 12
ORDER: Granting Seth M. Gerber's Motion for Leave to Appear Pro Hac Vice #10 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 11
Scheduling Order by Judge Marco A. Hernandez. A hearing on Defendant's Motion for Temporary Restraining Order , Preliminary Injunction, and Expedited Discovery #3 is set for 2/24/2021 at 10:00AM in Portland by video conference before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 10
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Seth M. Gerber. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7929245. Filed by Michael Aitkin. (Gerber, Seth)
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Filing 9
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Debra L. Fischer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7929111. Filed by Michael Aitkin. (Fischer, Debra)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Seth M. Gerber. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7929245 #10 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Lindsey D. G. Dates. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7913738 #6 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Debra L. Fischer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7929111 #9 : Reviewed and Ready for Ruling. (ecp)
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Filing 8
Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 6/22/2021. Joint Alternate Dispute Resolution Report is due by 7/22/2021. Pretrial Order is due by 7/22/2021. Ordered by Judge Marco A. Hernandez. (sss)
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Filing 7
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Patricia Sullivan to Judge Marco A. Hernandez. (plb)
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Filing 6
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Lindsey D. G. Dates. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7913738. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 5
Corporate Disclosure Statement . Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 4
Declaration of Christopher S. Brisbee . Filed by USI Insurance Services, LLC. (Related document(s): Motion for Temporary Restraining Order #3 .) (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) (Levelle Haslitt, Naomi)
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Filing 3
Motion for Temporary Restraining Order , Preliminary Injunction, and Expedited Discovery. Oral Argument requested.Expedited Hearing requested. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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Filing 2
Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand , Counterclaim Against Michael Aitkin. Filed by USI Insurance Services, LLC. (Levelle Haslitt, Naomi)
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NOTICE OF REGISTRATION REQUIREMENT. Lindsay D. G. Dates is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice, #6 .) (ecp)
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STRICKEN entered in error Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Lindsey D. G. Dates. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7913738 #6 : Reviewed and Ready for Ruling. (ecp) Modified on 2/19/2021 (ecp).
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Filing 1
Notice of Removal of Case Number 21CV04391 from Umatilla County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-7913659 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by USI Insurance Services, LLC (Attachments: #1 Exhibit State Court Pleadings, #2 Civil Cover Sheet). (Levelle Haslitt, Naomi)
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