Farmers Insurance Exchange et al v. First Choice Chiropractic & Rehabilitation et al
| 21st Century Centennial Insurance Company, 21st Century Insurance Company, 21st Century Pacific Insurance Company, Coast National Insurance Company, Farmers Insurance Company of Oregon, Farmers Insurance Company of Washington, Farmers Insurance Exchange, Mid-Century Insurance Company and Truck Insurance Exchange |
| David Avolio, Sunita Bhasin, Kelly Coley, Marcus Cool, Aaron Davison, First Choice Chiropractic & Rehabilitation, Joel Ingersoll, Ajay Mohabeer, David Petroff, Sean Robins and Pardis Tajipour |
| 3:2013cv01883 |
| October 22, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
333
ORDER - The Court ADOPTS IN PART Judge Papak's Findings and Recommendations. Dkt. 319 . Defendants' Motion to Amend (Dkt. 231 ) is DENIED as moot. Defendants' Second Motion for Summary Judgment (Dkt. 172 ) is GRANTED IN PART AND DENIED IN PART, as described in Judge Papak's Findings and Recommendations (Dkt. 319 ), with the exception of Judge Papak's recommendation that Plaintiffs' UTPA damages should be reduced by the amount that Plaintiffs have already been reimbursed by other insurers. The parties will submit additional briefing on that issue as directed in this Order. Defendants' Third Motion for Summary Judgment (Dkt. 182 ) is GRANTED IN PART AND DENIED IN PART, as described in Judge Papa k's Findings and Recommendations (Dkt. 319). Defendants' First Motion to Strike (Dkt. 236 ) is GRANTED IN PART AND DENIED IN PART. Defendants' First Motion to Strike is GRANTED to the extent it seeks to strike paragraph 65 of the Darn ell Declaration. Defendants' First Motion to Strike is DENIED in all other respects. Defendants' Second Motion to Strike (Dkt. 288 ) is DENIED. Plaintiffs' Second Motion for Partial Summary Judgment (Dkt. 184 ) is DENIED. Plaintiffs& #039; Third Motion for Partial Summary Judgment (Dkt. 206 ) is DENIED. Plaintiffs' Fourth Motion for Partial Summary Judgment (Dkt. 211 ) is DENIED. Plaintiffs' Motions to Strike (Dkts. 295 , 297 ) are both DENIED. Signed on 4/15/2016 by Judge Michael H. Simon. (mja)
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Filing
157
Opinion and Order - The Court ADOPTS Judge Papak's Findings and Recommendation. Dkt. 145 . Plaintiffs' Motion for Partial Summary Judgment (Dkt. 93 ) is GRANTED, and Defendants' Fourth, Sixth, and Seventh Counterclaims for defamation , tortious interference with contract, and tortious interference with prospective economic advantage are DISMISSED. Defendants' Cross-Motion for Partial Summary Judgment (Dkt. 128 ) is DENIED as it applies to Plaintiffs' Fifth cause of act ion under the UTPA. Defendants' Cross-Motion is GRANTED in part as it applies to: (a) Plaintiffs' claims for violation of RICO and ORICO (Second, Third, and Fourth causes of action), and to the extent Plaintiffs seek recovery on claims for which they have received partial or full reimbursement; (b) Plaintiffs common law fraud claim (First cause of action), to the extent Plaintiffs seek recovery on claims for which they have received partial or full reimbursement; and (c) Plaintiffs 9; unjust enrichment claim (Sixth cause of action), to the extent Plaintiffs seek recovery on claims for which they have received partial or full reimbursement. Plaintiffs' Motion to Strike the Declaration of Robert Dietz, as articulated in its Response to First Choice's Motion for Partial Summary Judgment (Dkt 140 ), is DENIED. Signed on 7/22/2015 by Judge Michael H. Simon. (mja)
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Filing
67
ORDER - The Court ADOPTS Judge Papak's Findings and Recommendation (Dkt. 41 ). The Court grants in part and denies in part defendants First Choice, Dr. Bhasin, Kelly Coley, David Petroff, and Dr. Tajipour's motion to dismiss and mo tion to strike (Dkt. 19 ), grants in part and denies in part defendant Dr. Cool's motion to dismiss and motion to strike (Dkt. 22 ), grants in part and denies in part defendants Dr. Davidson, Dr. Ingersoll, and Dr. Robins's motion to dism iss and motion to strike (Dkt. 28 ), and grants in part and denies in part Dr. Mohabeer's motion to dismiss and motion to strike (Dkt. 34 ). The Court dismisses without prejudice and with leave to amend Plaintiffs' FAC to the extent it seeks $2,096,926 in damages relating to third-party claims (Dkt. 10 ). Signed on 7/18/2014 by Judge Michael H. Simon. (mja)
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