International Longshore and Warehouse Union (ILWU) et al v. ICTSI Oregon, Inc.
| International Longshore and Warehouse Union (ILWU) and Pacific Maritime Association (PMA) |
| ICTSI Oregon, Inc. |
| IBEW Local 48 and Port of Portland |
| ICTSI Oregon, Inc. |
| ICTSI Oregon, Inc. |
| Thomas K. Doyle and Henry J. Kaplan |
| 3:2012cv01058 |
| June 13, 2012 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
737
Opinion and Order - The Court GRANTS ILWU's motion for partial summary judgment (ECF 725 ) and DENIES ICTSI's motion for partial summary judgment (ECF 727 ). Signed on 11/14/2022 by Judge Michael H. Simon. (mja)
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Filing
678
Opinion and Order - The Court GRANTS ILWU's motion for certification for interlocutory appeal under 28 U.S.C. § 1292(b). ECF 664 . The Court CERTIFIES for interlocutory appeal its Opinion and Order dated March 5, 2020. ECF 662 . The Cour t also STAYS all proceedings before this Court pending final action by the Ninth Circuit on ILWU's interlocutory appeal. The parties are directed to file a joint status report within two weeks after any final action by the Ninth Circuit on ILWU's petition for interlocutory review. Signed on 5/28/2020 by Judge Michael H. Simon. (mja)
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Filing
662
Opinion and Order - Defendants' Motion for Judgment as a Matter of Law, Remittitur, or New Trial (ECF 654 ) is granted in part and denied in part. ILWU's request for judgment as a matter of law is denied. ILWU's alternative request f or new trial is denied except for damages, for which it is denied conditioned upon ICTSI accepting reduced damages in the amount of $19,061,248. If ICTSI does not accept this remittitur, then ILWU's motion for new trial is granted in part, limited to damages. The Court directs ICTSI to inform ILWU and the Court of ICTSI's decision about remittitur within two weeks from the date of this Opinion and Order. Signed on 3/5/2020 by Judge Michael H. Simon. (mja)
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Filing
470
Opinion and Order on Motions in Limine - The parties' remaining motions in limine (ECF 385 and 407 ) are resolved as stated in this Opinion and Order. Signed on 4/17/2019 by Judge Michael H. Simon. (mja)
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Filing
464
Opinion and Order - The parties' motions challenging expert testimony are resolved as stated in this Opinion and Order. The parties are directed jointly to contact the Courtroom Deputy within two weeks of this Opinion and Order to schedule the Rule 104 hearing including both Mr. Sickler and Mr. Ganda. Signed on 4/9/2019 by Judge Michael H. Simon. (mja)
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Filing
461
Opinion and Order - ICTSI's motion for sanctions (ECF 364 ) is GRANTED IN PART as stated in this Opinion and Order. Signed on 4/5/2019 by Judge Michael H. Simon. (mja)
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Filing
362
Opinion and Order - ICTSI's Motion for Partial Summary Judgment (ECF 309 ) GRANTED IN PART AND DENIED IN PART as stated in this Opinion and Order. Signed on 1/17/2019 by Judge Michael H. Simon. (mja)
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Filing
343
Opinion and Order - ICTSI's Motion to Compel (ECF 295 ) and the ILWU Entities' Motion for Protective Order (ECF 311 ) are GRANTED IN PART AND DENIED IN PART, as set forth in this Opinion and Order. Signed on 12/3/2018 by Judge Michael H. Simon. (mja)
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Filing
285
Stipulated Voluntary Dismissal of ICTSI's Third Counterclaim Against Pacific Maritime Association and Order. Signed on 7/9/2018 by Judge Michael H. Simon. (mja)
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Filing
231
Stipulated Dismissal Without Prejudice of Port of Portland's Cross-Claim Against ICTSI Oregon, Inc. and Dismissal Order. Signed on 10/19/2017 by Judge Michael H. Simon. (mja)
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Filing
229
ORDER - Pursuant to Rule 41(a)(2) and the stipulated request of the parties and good cause appearing therefor, IT IS HEREBY ORDERED that the claims alleged by the Port of Portland against one or more of ILWU, ILWU Local 8, ILWU Local 40, and P MA are hereby DISMISSED with prejudice but without waiver of, and without any adjudicative or preclusive effect to, the parties' respective positions on the issue of whether or not the Port has the legal right to control assignment of the work associated with plugging, unplugging, and monitoring refrigerated containers at Terminal 6. Each party shall bear its own attorneys' fees and costs. Signed on 9/25/2017 by Judge Michael H. Simon. (mja)
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Filing
177
Opinion and Order - PMA's motion to dismiss ICTSI's antitrust and breach of fiduciary duty counterclaims 131 , joined in part by ILWU 133 , is granted in part and denied in part. ICTSI's antitrust counterclaim against both PM A and ILWU is dismissed. ICTSI's counterclaim against PMA for breach of fiduciary duty is not dismissed, but that counterclaim is stayed. PMA and ILWU's motions to dismiss the Port's counterclaim for tortious interference (ECF 138 and 146 ) are granted, and the Port's tortious interference counterclaim is dismissed. Signed on 3/24/14 by Judge Michael H. Simon. (mja).
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Filing
122
OPINION and ORDER - ILWU and PMA's joint motion to dismiss ICTSI's counterclaims, Dkts. 65 and 68 , are GRANTED in part and DENIED in part. ICTSI's third counterclaim in its original answer is DISMISSED. ILWU may refile it s motion against ICTSI's first and second counterclaims when the stay is lifted. Within 30 days of the date of this Order, ILWU and PMA may refile their joint motion against ICTSI's amended antitrust counterclaim, so long as that motion is not premised on issues before the NLRB in the related actions. Otherwise, ILWU and PMA may refile their joint motion against ICTSI's antitrust counterclaim when the stay is lifted. ILWU's motion to dismiss the Ports counterclaims, Dkt. 75 , is GRANTED in part and DENIED in part. PMA's motion to dismiss the Port's counterclaims, Dkt. 93 , is GRANTED in part and DENIED in part. The Port's fourth counterclaim for tortious interference with contract is DISMISSED with leave to replead within 14 days of the date of this Order. The final resolution, whether by motion or by trial, of the Port's first, second, and third counterclaims and ICTSI's first and second counterclaims, and ICTSI's repleaded antitrus t counterclaim is STAYED pending resolution of NLRB Case Nos. 19-CC-87504 and 19-CD-87505 and Case Nos. 19-CC-82533 and 19-CC-82744. The parties shall submit joint status reports describing the progress of the NLRB actions every four months during the pendency of this stay, commencing four months from the date of this Order. The parties may conduct discovery during the stay. Signed on 3/15/13 by Judge Michael H. Simon. (mja)
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