Ashley Seaberg v. Lenox Group, Inc.
Plaintiff: Allstate Indemnity Company, Oregon Mutual Insurance Company and Ashley Seaberg
Defendant: Department 56, Inc., Time to Celebrate, Continental Lighting Industries, Inc. and Lenox Group, Inc.
Case Number: 3:2004cv00918
Filed: July 7, 2004
Court: US District Court for the District of Oregon
Office: Portland Office
Presiding Judge: Michael W Mosman
Nature of Suit: Personal Inj. Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Property Damage
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 19, 2006. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2006 Opinion or Order Filing 158 Record of Order by Michael W. Mosman. Defendant's exhibits returned on 6/8/06. Plaintiff's exhibits returned on 6/16/06. Ordered by Judge Michael W. Mosman. (dls, )
June 13, 2006 Opinion or Order Filing 157 Stipulated General Judgment Of Dismissal. Hereby Ordered and Adjudged, that a general judgment of dismissal with prejudice on plaintiff's claims against said defendant be entered with no cost to either party. Signed on 6/12/06 by Judge Michael W. Mosman. (cib, )
May 24, 2006 Opinion or Order Filing 153 Order of Dismissal. The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that this action is dismissed without prejudice and without costs and with leave, upon good cause shown within 60 days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Order STRIKING 5-day Jury Trial set for 5/30/2006 at 09:00AM in Portland before Judge Michael W. Mosman. Signed on 5/24/06 by Dawn Stephens, Courtroom Deputy for Judge Michael W. Mosman. (dls, )
May 22, 2006 Filing 154 Amendments To Its Exhibit List. Filed by Lenox Group, Inc..(cib, )
May 19, 2006 Filing 156 Amended List of Rebuttal Witnesses Filed by John D. Ostrander appearing on behalf of Ashley Seaberg.(cib, )
May 19, 2006 Filing 155 First Supplemental Exhibit List. Filed by all plaintiffs.(cib, )
May 18, 2006 Filing 152 Notice of Association of Attorney Sonia A. Montalbano for Ashley Seaberg. Filed by Ashley Seaberg.(cib, )
May 17, 2006 Opinion or Order Filing 151 Record of Order by Michael W. Mosman. Order DENYING defendant's motion in limine #6 asking for exclusion of any evidence regarding Chinese "rice lights" under FRE 402 and 403. As to the remaining objections held in abeyance pending the court's ruling on defendant's motion in limine #6, the court makes the following rulings: Defendant's Objections to Plaintiff's Exhibits: 16. SUSTAINED on grounds of Rule 403. 17. OVERRULED. 18. OVERRULED. As to the remaining objections held in abeyance pending the court's resolution of defendant's motion (#139) to reconsider, the court makes the following rulings: Defendant's Objections to Plaintiff's Exhibits: 36 and 37. Exhibits are withdrawn by plaintiff. Plaintiff's Objections to Defendant's Exhibits: 525. OVERRULED, 527-529. OVERRULED, 542-544. OVERRULED. Ordered by Judge Michael W. Mosman. (dls, )
May 16, 2006 Filing 150 Defendant's Deposition Designation. Filed by Lenox Group, Inc..(cib, )
May 16, 2006 Opinion or Order Filing 149 ORDER: Record of Order by Judge Michael W. Mosman. ORDER: DENYING defendant's motion #139 for reconsideration under Rule 60(b). The court's ruling on summary judgment remains unchanged ? defendants did not, as a matter of law, comply with Oregon's certification requirements prior to selling the product. At trial, defendant is permitted to present evidence from which the jury may find that, even if defendant violated the rules, defendant acted reasonably under the circumstances. See Maquiel v. Adkins, 27 P.3d 1050, 1055-56 (Or. Ct. App. 2001) (citing Barnum v. Williams, 504 P.2d 122 (1972)); see also Torres v. Pacific Power and Light, 734 P.2d 364, 366-67 (Or. Ct. App. 1987) (despite the court finding as a matter of law defendant violated Oregon's Occupational Safety and Health Code, jury could nevertheless find defendant non-negligent if actions were reasonable under the circumstances). (dls, )
May 15, 2006 Filing 148 MINUTES of Proceedings: Pretrial Conference. Order TAKING UNDER ADVISEMENT Defendant's Motion to Reconsider (#139). Order DENYING IN PART/GRANTING IN PART Plaintiff's Motions in Limine (#119). Order GRANTING IN PART/DENYING IN PART Defendant's Motions in Limine (#122). See order for full text for EXHIBITS and WITNESSES rulings. Jury instructions, jury selection, voir dire, number of trial dates, deposition designations, and sealed documents per protective order discussed. Trial will start at 9:00, Tuesday May 30, 2006. The parties are to arrive by 8:45am. John Ostrander present as counsel for plaintiff(s). William Joseph and William Kelly Olson present as counsel for defendant(s). Court Reporter: Bonita Alexander. Michael W. Mosman presiding. (dls, )
May 9, 2006 Filing 147 Objection(s)To Plaintiff's Rebuttal Witnesses. Filed by Lenox Group, Inc.. (Related document(s): Notice #133 .)(cib, )
May 9, 2006 Filing 146 Response To Plaintiff's Objections To Defendant's Exhibit List. Filed by Lenox Group, Inc.. (Related document(s): Objection #129 .)(cib, )
May 9, 2006 Filing 145 Response To Plaintiff's Objections To Defendant's Witness List. Filed by Lenox Group, Inc.. (Related document(s): Objection #129 .)(cib, )
May 8, 2006 Filing 144 Response To Defendant's Objections To Witnesses. Filed by Ashley Seaberg. (Related document(s): Objection #136 .)(cib, )
May 8, 2006 Filing 143 Objection(s)To Plaintiff's Exhibit List. Filed by Ashley Seaberg. (Related document(s): Exhibit List #123 .)(cib, )
May 8, 2006 Filing 142 Opposition To Defendant's FRCP 60(b)Motion #139 . Filed by Ashley Seaberg.(cib, )
May 1, 2006 Filing 141 Declaration of William R. Joseph in Support of Defendant's Motion for Reconsideration of Court's Ruling on Plaintiff's Motion for Partial Summary Judgment Regarding Negligence Per Se (FRCP 60(b)). Filed by Lenox Group, Inc.(peg, )
May 1, 2006 Filing 140 Memorandum of Points & Authorities in Support of Defendant's Motion for Reconsideration of Court's Ruling on Plaintiff's Motion for Partial Summary Judgment Regarding Negligence Per Se (FRCP 60(b)). Filed by Lenox Group, Inc.(peg, )
May 1, 2006 Filing 139 Motion for Reconsideration of Court's Ruling on Plaintiff's Motion for Partial Summary Judgment Regarding Negligence Per Se (FRCP 60(b)), Oral Argument Requested. Filed by Lenox Group, Inc. (peg, )
May 1, 2006 Filing 138 Questions To The Prospective Jurors. Filed by Lenox Group, Inc..(cib, )
May 1, 2006 Filing 137 Amended FRCP 26(a)(3)Lay & Expert Witness Disclosures. Filed by Lenox Group, Inc..(cib, )
May 1, 2006 Filing 136 Objection(s) To Plaintiff's Witnesses. Filed by Lenox Group, Inc.. (Related document(s): Witness List #113 .)(cib, )
May 1, 2006 Filing 135 Objection(s)To Plaintiff's Exhibits. Filed by Lenox Group, Inc.. (Related document(s): Exhibit List #117 .)(cib, )
May 1, 2006 Filing 134 Opposition to Plaintiff's Motion in Limine #119 (Oral Argument requested: 15 min.) Filed by Lenox Group, Inc..(cib, )
May 1, 2006 Filing 133 List of Rebuttal Witnesses. Filed by all plaintiffs.(cib, )
May 1, 2006 Filing 132 Joint Jury Instructions. Filed by all plaintiffs.(cib, )
May 1, 2006 Filing 131 Special Verdict. Filed by all plaintiffs.(cib, )
May 1, 2006 Filing 130 Requested Voir Dire. Filed by all plaintiffs.(cib, )
May 1, 2006 Filing 129 Objection(s) To Defendant's Exhibit List. Filed by all plaintiffs. (Related document(s): Exhibit List #123 .)(cib, )
May 1, 2006 Filing 128 Objection(s)to Defendant's Witnesses. Filed by all plaintiffs. (Related document(s): Witness List #124 .)(cib, )
May 1, 2006 Filing 127 Response to Defendants' Motions in Limine #122 . Filed by all plaintiffs.(cib, )
May 1, 2006 Opinion or Order Filing 126 Record of Order by Michael W. Mosman. ORDER Re: Minute Order (#118): Under ORS 30.925(2)(c), the profitability of the defendant's misconduct is one factor for a jury to consider in awarding punitive damages. Nothing in the statute or caselaw supports defendant's position that in a products liability case, the relevant misconduct is limited only to injuries caused by the particular product alleged to be defective. Plaintiff alleges a broader kind of misconduct, defendant's failure to comply with Oregon Electrical Safety Law. The court recognizes punitive damages are not intended to be a "referendum on a corporate defendant's general behavior as a citizen," and therefore, defendant is not required to produce documents showing its out-of-state profits or sales of all Chinese-made products nationally. Williams v. Philip Morris, Inc., 127 P.3d 1165, 1175 (Or. 2006). However, evidence of defendant's conduct similar to that which allegedly harmed plaintiff, that is, defendant's noncompliance with Oregon's certification requirements before selling Chinese-made electrical products in Oregon, is relevant to the analysis of the punitive damages factor examining "defendant's misconduct." Therefore, defendant shall produce documentary evidence of its profits from selling electrical products manufactured in China and sold in Oregon. If defendant is unable to comply with this order because it is unduly burdensome for it to categorize products by country of origin, it shall produce documentary evidence of its profits for the sale of all electrical products in Oregon. Ordered by Judge Michael W. Mosman. (dls, )
April 26, 2006 Opinion or Order Filing 125 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion to Substitute a Party #114 . Lenox Group, Inc. will be substituted for Dept 56 and Time to Celebrate. William Kelly Olson and William R. Joseph, Jr will remain as counsel. (dls, )
April 24, 2006 Filing 124 Lay & Expert Witness Disclosures (FRCP 26(a)(3)). Filed by defendants. (peg, )
April 24, 2006 Filing 123 Exhibit List. Filed by defendants. (peg, )
April 24, 2006 Filing 122 Motions in Limine; Oral Argument requested. Filed by defendants. (peg, )
April 24, 2006 Filing 121 Trial Memorandum. Filed by Defendants Time to Celebrate and Department 56, Inc.(peg, )
April 21, 2006 Filing 120 Trial Memorandum. Filed by Ashley Seaberg.(cib, )
April 21, 2006 Filing 119 Motions in limine. Filed by Ashley Seaberg. (cib, )
April 20, 2006 Filing 118 MINUTES of Proceedings: Motion Hearing. Order DENYING Motion To Determine Sufficiency Of Responses To Request For Admissions FRCP 36(a) (#106). By the court's request, RESETTING 5-day Jury Trial from 5/23/06, SET FOR 5/30/2006 at 09:00AM in Portland before Judge Michael W. Mosman. Defendant is to produce to plaintiff in electronic format the financial information. Plaintiff is to notify the court by 4/28/06 what is still in dispute. John Ostrander present as counsel for plaintiff(s). William Joseph present as counsel for defendant(s). Court Reporter: Bonita Alexander. Michael W. Mosman presiding. (dls, )
April 17, 2006 Filing 116 Affidavit of Jerome F. Elliott in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion to Substitute Party #114 .)(cib, )
April 17, 2006 Filing 115 Memorandum in Support. Filed by Ashley Seaberg. (Related document(s): Motion to Substitute Party #114 .)(cib, )
April 17, 2006 Filing 114 Motion For Order to Substitute a Party {FRCP 25(a)}. Filed by Ashley Seaberg. (cib, )
April 14, 2006 Filing 117 Exhibit List. Filed by Ashley Seaberg.(cib, )
April 14, 2006 Filing 113 List Of Witnesses and Summary Of Testimony. Filed by Ashley Seaberg.(cib, )
April 14, 2006 Filing 112 Itemized List of Special Damages. Filed by Ashley Seaberg.(cib, )
April 13, 2006 Opinion or Order Filing 111 Record of Order by Michael W. Mosman. Order RESEETTING Oral Argument FROM 4/13/06 at 1:00pm, SET FOR 4/20/2006 at 01:30PM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls, )
April 10, 2006 Filing 110 Declaration of William R. Joseph In Support of Defendant's Opposition. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Response to Motion #109 .)(cib, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
April 10, 2006 Filing 109 Opposition to Plaintiff's Motion #106 . Oral Argument requested. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc..(cib, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
April 5, 2006 Opinion or Order Filing 108 Record of Order by Michael W. Mosman. Response is due 4/13/06 no later than 9:00am. Oral Argument is set for 4/13/2006 at 01:00PM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls, )
March 30, 2006 Filing 107 Affidavit of John D. Ostrander in Support of Motion. Filed by Ashley Seaberg. (Related document(s): Motion #106 .)(cib, )
March 30, 2006 Filing 106 Motion To Determine Sufficiency Of Responses To Request For Admissions FRCP 36(a). Filed by Ashley Seaberg. (cib, )
January 9, 2006 Opinion or Order Filing 105 OPINION AND ORDER: Summary judgment in favor of defendants on the issue of proper certification is DENIED because defendants violated the Oregon Electrical Safety Law. Unresolved issues remain on the remainder of plaintiff's claim for negligence per se which must be resolved at trial. Defendants' motion #71 for summary judgment is DENIED. Plaintiff's motion #38 for summary judgment is also DENIED. Signed on 1/9/06 by Judge Michael W. Mosman. (dls, )
December 20, 2005 Filing 104 Affidavit of Anna Horvath. Filed by Ashley Seaberg. (cib, )
December 20, 2005 Filing 103 Supplemental Memorandum Supporting Partial Summary Judgment In Plaintiff's Favor On Negligence Per Se Claim. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(cib, )
December 9, 2005 Filing 102 Supplemental Memorandum Of Points & Authorities in Support Of Defendants' Motion For Summary Judgment & In Opposition To Plantiff's Motion For Partial Summary Judgment Regarding Negligence Per Se. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Motion for Summary Judgment #71 .)(cib, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT, #2 SEALED DOCUMENT) (kt).
November 28, 2005 Filing 101 MINUTES of Proceedings: Motion Hearing regarding Motion to Strike #79 , Motion for Summary Judgment #71 , Motion for Partial Summary Judgment #38 . Order DENYING Motion to Strike #79 . Order DENYING IN PART/TAKING UNDER ADVISEMENT IN PART Motion for Partial Summary Judgment #38 , and Motion for Summary Judgment #71 , as stated on the record. Supplemental Brief is due by 12/12/2005, regarding certification. Supplemental Reply Brief is due by 12/19/2005. John Ostrander present as counsel for plaintiff(s). William Joseph, Jr. present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (Related document(s): Motion to Strike #79 , Motion for Summary Judgment #71 , Motion for Partial Summary Judgment #38 .) (dls, )
November 3, 2005 Opinion or Order Filing 100 CIVIL MINUTES: Record of Order by Michael W. Mosman regarding Motion to Strike #79 , Motion for Summary Judgment #71 , Motion for Partial Summary Judgment #38 . Oral Argument set for 11/28/2005 at 02:00 PM Portland for #38 and for #71 and for #79 ,. Ordered by Judge Michael W. Mosman. (dls, )
September 27, 2005 Opinion or Order Filing 99 Amended Trial Management Order. Signed on 9/21/05 by Judge Michael W. Mosman. (dls, )
September 19, 2005 Filing 98 CIVIL MINUTES: Record of Proceedings: Status Conference. Defendant's request a two week trial. Plaintiff's Expert Reports due 21 days after the resolution of dispositive motions. Defendant's Expert Reports due 21 days after the receipt of plaintiff's Expert Reports. Joint Alternate Dispute Resolution Report due by 4/3/2006.Pretrial Order due by 4/3/2006. Pretrial Conference set for 5/15/2006 at 01:30PM in Portland before Judge Michael W. Mosman. 8-day Jury Trial set for 5/23/2006 at 09:00AM in Portland before Judge Michael W. Mosman. Amended Trial Management Order to follow. John Ostrander present as counsel for plaintiff(s). William Joseph Jr., and William Kelly Olson present as counsel for defendant(s). Court Reporter: Bonita Alexander. Michael W. Mosman presiding. (dls, )
September 16, 2005 Opinion or Order Filing 97 CIVIL MINUTES: Record of Order by Michael W. Mosman. Status Conference set for 9/19/2005 at 02:30PM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls, )
September 7, 2005 Filing 96 Response to Plaintiff's Supplemental Facts in Support of Defendants' Motion for Summary Judgment. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc..(pvh, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
September 7, 2005 Filing 95 Declaration of Thomas D. Jones. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Reply to Motion #92 .)(pvh, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
September 7, 2005 Filing 94 Supplemental Declaration of Mark C. Wirfs. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Reply to Motion #92 .)(pvh, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
September 7, 2005 Filing 93 Supplemental Declaration of William R. Joseph. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Reply to Motion #92 .)(pvh, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
September 7, 2005 Filing 92 Reply In support of Defendants' Motion for Summary Judgment #71 . (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc..(pvh, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
August 26, 2005 Opinion or Order Filing 91 CIVIL MINUTES: Record of Order by Michael W. Mosman regarding Motion for Partial Summary Judgment #38 , Motion for Summary Judgment #71 , Motion to Strike #79 . Order GRANTING Defendant's 8/18/05 email request to extend reply deadline. Reply due by 9/7/2005, for Motion for Partial Summary Judgment #38 , Motion for Summary Judgment #71 , and Motion to Strike #79 . Ordered by Judge Michael W. Mosman. (dls, )
August 16, 2005 Filing 90 Response. (DOCUMENT FILED UNDER SEAL) Filed by Ashley Seaberg. (Related document(s): Concise Statement #73 .)(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
August 16, 2005 Filing 89 Declaration of Ron Kilgore In Opposition. (DOCUMENT FILED UNDER SEAL) Filed by Ashley Seaberg. (Related document(s): Motion for Summary Judgment #71 .)(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
August 16, 2005 Filing 88 Affidavit of John D. Ostrander. (DOCUMENT FILED UNDER SEAL) Filed by Ashley Seaberg. (Related document(s): Motion for Summary Judgment #71 .)(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
August 16, 2005 Filing 87 Response in Opposition to Motion for Summary Judgment #71 . (DOCUMENT FILED UNDER SEAL) Filed by Ashley Seaberg.(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
August 8, 2005 Filing 86 Declaration of William R. Joseph. Filed by Department 56, Inc.. (Related document(s): Response in Opposition to Motion #85 .)(ntm, )
August 8, 2005 Filing 85 Response in Opposition to Motion to Strike #79 . Filed by Department 56, Inc..(ntm, )
July 29, 2005 Opinion or Order Filing 84 CIVIL MINUTES: Record of Order by Michael W. Mosman Order GRANTING Stipulated Motion for Order Extending Time for Plaintiff to File Opposition to Defendants' Motion for Summary Judgment (#75). Response due by 8/16/2005, for Motion for Summary Judgment #71 . Ordered by Judge Michael W. Mosman. (dls, )
July 25, 2005 Filing 83 Transcript of Proceedings [telephone status conference] held on May 16, 2005 before Judge Michael W. Mosman. Court Reporter: Bonita J. Alexander.. (ntm, )
July 15, 2005 Opinion or Order Filing 82 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion for Order Extending Time For Expert Disclosures and for Defendants to File Opposition to Plaintiff's Motion to Strike #81 , all other deadlines remain unchanged. (dls, )
July 14, 2005 Filing 81 Motion for Order Extending Time For Expert Disclosures and for Defendants to File Opposition to Plaintiff's Motion to Strike. Filed by Department 56, Inc.. (ntm, )
July 8, 2005 Filing 80 Memorandum in Support. Filed by Ashley Seaberg. (Related document(s): Motion to Strike #79 .)(ntm, )
July 8, 2005 Filing 79 Motions to Strike. Filed by Ashley Seaberg. (ntm, )
July 8, 2005 Filing 78 Replyto Defendants' Statement of Material Facts and Supplemental Clarifying Facts. Filed by Ashley Seaberg. (Related document(s): Concise Statement #73 Filed Under Seal)(ntm, )
July 8, 2005 Filing 77 Affidavit of John D. Ostrander in Support of Motion. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(ntm, )
July 8, 2005 Filing 76 Reply Memorandum in Support. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(ntm, )
July 8, 2005 Filing 75 Stipulated Motion for Order Extending Time for Plaintiff to File Opposition to Defendants' Motion for Summary Judgment. Filed by Ashley Seaberg. (ntm, )
July 5, 2005 Filing 74 Declaration of William R. Joseph. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
July 5, 2005 Filing 73 Concise Statement of Material Facts in Support. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
July 5, 2005 Filing 72 Memorandum in Support. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Motion for Summary Judgment #71 .)(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
July 5, 2005 Filing 71 Motion for Summary Judgment. Oral Argument Requested. Filed by Time to Celebrate, Department 56, Inc.. (ntm, )
June 27, 2005 Filing 70 Declaration of Dale B. Broyles. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 69 Declaration of Mary Goltz. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 68 Declaration of William R. Joseph. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 67 Declaration of Mark Charlton. Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (DOCUMENT FILED UNDER SEAL) Modified on 6/28/2005 (ntm, ). (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 66 (DOCUMENT FILED UNDER SEAL) Declaration of Paul A. Tekorius. Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 65 Declaration of Mark C. Wirfs. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 64 Declaration of Darleen C. Turncotte. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 63 Declaration of Charles A. Rego. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 62 Response in Opposition to Motion for Partial Summary Judgment #38 . (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc..(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 27, 2005 Filing 61 Response. (DOCUMENT FILED UNDER SEAL) Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Concise Statement of Material Fact.)(ntm, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
June 22, 2005 Opinion or Order Filing 60 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Stipulated Motion Correction Caption #59 . The remaining parties are Ashley Seaberg, plaintiff, andDepartment 56, inc., and Time to Celebrate, defendants. (dls, )
June 20, 2005 Filing 59 Stipulated Motion Correction Caption. Filed by Allstate Indemnity Company. (ntm, )
June 17, 2005 Filing 58 CIVIL MINUTES: Record of Proceedings: Status Conference. Order OVERRULED Defendant's Objection to Production of an Expert Report, as stated on the record. John Ostrander present as counsel for plaintiff(s). William Joseph, Jr. present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (dls, )
June 17, 2005 Opinion or Order Filing 57 CIVIL MINUTES: Record of Order by Michael W. Mosman. Status Conference set for 6/17/2005 at 01:15PM in Telephone before Judge Michael W. Mosman, regarding discovery issues. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls, )
June 6, 2005 Opinion or Order Filing 56 Trial Management Order. Signed on 6/3/05 by Judge Michael W. Mosman. (dls, )
May 27, 2005 Filing 55 Amended Answer to Plaintiff's First Amended Complaint. (Demand For Jury Trial) Filed by Time to Celebrate, Department 56, Inc..(cib, )
May 26, 2005 Opinion or Order Filing 54 CIVIL MINUTES: Record of Order by Michael W. Mosman. Per the parties request the court is setting the following trial schedule. Pretrial Conference set for 10/14/2005 at 10:00AM in Portland before Judge Michael W. Mosman. 4-day Jury Trial set for 10/25/2005 at 09:00AM in Portland before Judge Michael W. Mosman. The parties were informed the court is currently scheduled with three trials the week of 10/25/05. Trial Management Order to follow. Ordered by Judge Michael W. Mosman. (dls, )
May 19, 2005 Filing 53 Notice of Clarification of Court Record. Filed by John D. Ostrander appearing on behalf of Ashley Seaberg.(cib, )
May 16, 2005 Filing 52 First Amended Complaint.Filed by Ashley Seaberg against Continental Lighting Industries, Inc.(a Texas Corporation), Time to Celebrate, Department 56, Inc..(cib, )
May 16, 2005 Filing 51 CIVIL MINUTES: Record of Proceedings: Status Conference. The court will allow the deposition of plaintiff's expert, a status conference may be set to discuss the scope. Order GRANTING Motion to Amend Complaint (#26), as stated on the record. Response due by 6/27/2005, for Motion for Summary Judgment (#38). Reply due by 7/8/2005 for Motion for Summary Judgment (#38). Parties are to contact Dawn Stephens, Courtroom Deputy (503) 326-8024, to set Trial Dates. John Ostrander present as counsel for plaintiff(s). William R Joseph present as counsel for defendant(s). Court Reporter: Bonita Alexander. Michael W. Mosman presiding. (Related document(s): Motion for Partial Summary Judgment #38 .) (dls, )
May 16, 2005 Opinion or Order Filing 50 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The clerk typed the wrong year. The correct setting is as follows: Status Conference set for 5/16/2005 at 01:30PM in Telephone before Judge Michael W. Mosman. (dls, )
May 11, 2005 Opinion or Order Filing 49 CIVIL MINUTES: Record of Order by Michael W. Mosman. Status Conference set for 5/16/2006 at 01:30PM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls, )
May 4, 2005 Opinion or Order Filing 48 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion for Extension of Discovery & PTO Deadlines #47 , GRANTING Motion for Extension of Time to File Response/Reply #47 . Discovery to be completed by 7/5/2005. Joint Alternate Dispute Resolution Report due by 8/22/2005.Pretrial Order due by 8/22/2005. Response due by 5/31/2005 for #38 . Reply due by 6/7/2005 for #38 . (dls, )
April 29, 2005 Filing 47 Sipulated Motion for Fourth Extension of Discovery & PTO Deadlines, Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #38 . Filed by Department 56, Inc.. (dls, )
April 18, 2005 Filing 46 Declaration of Karyn Kambur of motion for partial summary judgment. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 45 Declaration of Charles A. Rego. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 44 Declaration of John J. Powell in support of plaintiff Seaberg's motion for partial summary judgment. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 43 Declaration of Dale B. Broyles in support of plaintiff's motion for partial summary judgment. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 42 Affidavit of Abra Cooper in support of motion for partial summary judgment. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 41 Memorandum in Support of plaintiff's motion for partial summary judgment. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 40 Declaration of Twyla Knolwes. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 39 Declaration of Mary Goltz. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Filing 38 Motion for Partial Summary Judgment. Filed by Ashley Seaberg. Oral Argument Requested. (md, )
April 18, 2005 Filing 37 Declaration of David Mycroft in support of motion to amend complaint. Filed by Ashley Seaberg. (Related document(s): Motion to Amend Complaint #26 .)(md, )
April 18, 2005 Filing 36 Affidavit of Matthew W. McClellan in support of plaintiff's motion to file an amended complaint. Filed by Ashley Seaberg. (md, )
April 18, 2005 Filing 35 Reply to Motion for Leave to File Amended Complaint #26 . Filed by Ashley Seaberg.(md, )
April 18, 2005 Concise Statement of Undisputed Material Fact. Filed by Ashley Seaberg. (Related document(s): Motion for Partial Summary Judgment #38 .)(md, )
April 18, 2005 Opinion or Order Filing 34 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion for Extension of Time to File Response/Reply #33 . Reply due by 4/19/2005 for Motion for Leave to File Amended Complaint #26 . (dls, )
April 11, 2005 Filing 33 Stipulated Motion for Order Extending Time For Plaintiff Ashley Seaberg To File Reply Brief In Support of Motion To Amend #26 . Filed by Ashley Seaberg. (cib, )
March 30, 2005 Filing 32 Declaration of Andrew Melville In Support of Defendants' Opposition To Plaintiff's Motion To File An Amended Complaint. (DOCUMENT FILED UNDER SEAL) Filed by all defendants. (Related document(s): Response to Motion #30 .)(cib, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
March 30, 2005 Filing 31 Declaration of William R. Joseph In Support of Defendants' Oppositon To Plaintiff's Motion To File An Amended Complaint. (DOCUMENT FILED UNDER SEAL)Filed by Time to Celebrate, Department 56, Inc.. (Related document(s): Response to Motion #30 .)(cib, ) (Additional attachment(s) added on 8/24/2011: #1 SEALED DOCUMENT) (kt).
March 30, 2005 Filing 30 Opposition to Plaintiff's Motion for Leave to File Amended Complaint #26 . Oral Argument Requested. Filed by Time to Celebrate, Department 56, Inc..(cib, )
March 21, 2005 Filing 29 Record of Order. Order GRANTING Defendant's letter request of 3/16/05, to extend Response deadline. Response due by 4/1/2005, regarding Motion for Leave to File Amended Complaint/Petition #26 . (dls, )
March 7, 2005 Filing 28 Affidavit of Jocelyn Peacock Johnson in Support of Motion. Filed by Ashley Seaberg. (Related document(s): Motion to Amend Complaint #26 .)(cib, )
March 7, 2005 Filing 27 Memorandum in Support. Filed by Ashley Seaberg. (Related document(s): Motion to Amend Complaint #26 .)(cib, )
March 7, 2005 Filing 26 Motion for Leave to File Amended Complaint. Oral Argument Requested. Filed by Ashley Seaberg. (cib, )
February 22, 2005 Opinion or Order Filing 25 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion for Extension of Discovery & PTO Deadlines #24 . Discovery to be completed by 5/6/2005. Joint Alternate Dispute Resolution Report due by 6/6/2005. Pretrial Order due by 6/6/2005. (dls, )
February 11, 2005 Filing 24 Stipulated Motion for Third Order Extending Time To Complete of Discovery and File Certain Pretrial Pleadings. Filed by Department 56, Inc.. (cib, )
January 5, 2005 Opinion or Order Filing 23 Order For Entry Of Judgment Pursuant To FRCP 54(b) As To Plaintiff Oregon Mutual Insurance Company. It Is Hereby Ordered that plaintiff Oregon Mutual's action against all defendants is dismissed from this action with prejudice and without costs to any party. Signed on 1/5/05 by Judge Michael W. Mosman. (cib, )
December 28, 2004 Opinion or Order Filing 22 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Motion for Extension of Discovery & PTO Deadlines #21 . Discovery extended from 1/7/05, to be completed by 3/7/2005. Joint Alternate Dispute Resolution Report extended from 2/7/05, due by 4/6/2005. Pretrial Order extended from 2/7/05, due by 4/6/2005. (dls, )
December 21, 2004 Filing 21 Stipulated Motion for Second Order Extending Time To Complete Discovery and File Certain Pretrial Pleadings. Filed by Ashley Seaberg. (cib, )
December 15, 2004 Filing 20 Motion for Entry of Judgment Pursuant to FRCP 54(b) as to Plaintiff Oregon Mutual Insurance Co. Filed by Plaintiff Oregon Mutual Insurance Company. (peg, )
November 5, 2004 Opinion or Order Filing 19 ORDER: Record of Order by Judge Michael W. Mosman. GRANTING Plaintiffs' Motion to Compel specific responses to Plaintiff's Interrogatories Nos. 5, 7, 8 and 9, and GRANTING Stipulated Motion for Extension of Discovery and PTO Deadlines #13 . GRANTING Motion for Extension of Discovery & PTO Deadlines #17 . Discovery extended from 11/04/2004, to be completed by 1/7/2005. Joint Alternate Dispute Resolution Report extended from 12/06/2004, due by 2/7/2005. Pretrial Order extended from 12/06/2004, due by 2/7/2005. (dls, )
October 27, 2004 Filing 18 Reply In Support Of Motion to Compel #13 . Filed by Ashley Seaberg.(cib, )
October 27, 2004 Filing 17 Stipulated Motion for Extension of Discovery & And File Certain PTO Pleadings. Filed by Ashley Seaberg. (cib, )
October 18, 2004 Filing 16 Joint Memorandum in Opposition to Motion to Compel #13 and Determine Sufficiency of Answers to Requests for Admissions (Oral Argument Requested). Filed by Department 56, Inc., Time to Celebrate.(dls, )
October 6, 2004 Opinion or Order Filing 15 Stipulated Protective Order For Disclosure of Confidential Information. Signed on 10/6/04 by Judge Michael W. Mosman. (dls, )
September 30, 2004 Filing 14 Affidavit of John D. Ostrander in Support of Motion. Filed by Ashley Seaberg. (Related document(s): Motion to compel #13 .)(cib, )
September 30, 2004 Filing 13 Motion to Compel And To Determine Sufficiency Of Answers To Requests For Admissions. ( Oral Argument Requested) Filed by Ashley Seaberg. (cib, )
August 13, 2004 Filing 12 Notice of Voluntary Dismissal of Party Continental Lighting Industries, Inc. Filed by Ashley Seaberg.(cib, )
August 11, 2004 Filing 11 Notice of Voluntary Dismissal of Party Continental Lighting Industries, Inc.. Filed by Oregon Mutual Insurance Company.(cib, )
August 10, 2004 Filing 10 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Department 56, Inc., Time to Celebrate.(cib, )
August 4, 2004 Filing 9 Certificate of Service by Oregon Mutual Insurance Company re Corporate Disclosure Statement #8 . Filed by Oregon Mutual Insurance Company. (cib, )
August 4, 2004 Filing 8 Corporate Disclosure Statement. Filed by Oregon Mutual Insurance Company. (cib, )
July 21, 2004 Filing 7 Joint Answer of defendants Department 56, Inc. and Time to Celebrate to Plaintiffs' Complaint; Demand for Jury Trial. Filed by Department 56, Inc., Time to Celebrate.(peg, )
July 15, 2004 Filing 6 Corporate Disclosure Statement. Filed by Department 56, Inc., Time to Celebrate. (pvh, )
July 7, 2004 Filing 5 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery to be completed by 11/4/2004. Joint Alternate Dispute Resolution Report due by 12/6/2004.Pretrial Order due by 12/6/2004. (dmd, )
July 7, 2004 Filing 4 Notice of Joinder in Notice #3 . Filed by William R. Joseph appearing on behalf of Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate. (Related document(s): Notice #3 .)(dmd, )
July 7, 2004 Filing 3 Notice to Adverse Party of Removal to Federal Court. Filed by William R. Joseph appearing on behalf of Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate.(dmd, )
July 7, 2004 Filing 2 Demand for Jury Trial by Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate. Filed by Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate. (dmd, )
July 7, 2004 Filing 1 Notice of Removal of Case Number C041784CV from Circuit Court for the State of Oregon for the County of Washington. Filing Fee in amount of $150.00 collected. Receipt No. 176838 issued.Filed by Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate against Continental Lighting Industries, Inc., Department 56, Inc., Time to Celebrate.(dmd, )

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Search for this case: Ashley Seaberg v. Lenox Group, Inc.
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Plaintiff: Allstate Indemnity Company
Represented By: John D. Ostrander
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Plaintiff: Oregon Mutual Insurance Company
Represented By: John D. Ostrander
Represented By: Kurt Peterson
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Plaintiff: Ashley Seaberg
Represented By: John D. Ostrander
Represented By: Sonia A. Montalbano
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Defendant: Department 56, Inc.
Represented By: William R. Joseph, Jr.
Represented By: William Kelly Olson
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Defendant: Time to Celebrate
Represented By: William R. Joseph, Jr.
Represented By: William Kelly Olson
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Defendant: Continental Lighting Industries, Inc.
Represented By: William R. Joseph, Jr.
Represented By: William Kelly Olson
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Defendant: Lenox Group, Inc.
Represented By: William R. Joseph, Jr.
Represented By: William Kelly Olson
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