Foraker v. USAA Casualty Insurance Company
| Peggy Foraker |
| USAA Casualty Insurance Company |
| 3:2014cv00087 |
| January 16, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Anna J. Brown |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| 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
567
Opinion and Order - The Court GRANTS the Motion to Intervene on behalf of Heather A. Brann, Heather A. Brann PC, Stephen C. Hendricks, and Hendricks Law Firm PC. ECF 560 . Intervenor-Plaintiffs shall file their Complaint-in-Intervention within two weeks. Signed on 10/6/2021 by Judge Michael H. Simon. (mja)
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Filing
538
ORDER: Plaintiff's Petition for Phase II Attorney Fees (ECF 509) is GRANTED IN PART. Signed on 6/12/2020 by Judge Michael H. Simon (jp) Modified on 6/12/2020 to correct signature (jp).
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Filing
506
Opinion and Order After Phase II Trial - Foraker is entitled to judgment in her favor in the total amount of $322,882.78. Foraker also may submit her petition for Phase II attorney fees and costs under ORS § 742.061. Signed on 4/20/2020 by Judge Michael H. Simon. (mja)
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Filing
437
Opinion and Order - Plaintiff's Motion for an Order Certifying a Determinative Question of Law to the Oregon Supreme Court (ECF 427 ) is DENIED. Signed on 2/7/2019 by Judge Michael H. Simon. (mja)
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Filing
419
Opinion and Order - Plaintiff has not shown that there is no genuine dispute as to any material fact and that she is entitled to judgment as a matter of law on her claim for breach of the implied covenant of good faith and fair dealing. Foraker's motion for summary judgment (ECF 395 ) is DENIED. Signed on 10/17/2018 by Judge Michael H. Simon. (mja)
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Filing
391
OPINION AND ORDER: Plaintiff's motion for attorney's fees for Phase I (ECF 358 ) is GRANTED IN PART. Plaintiff is awarded $1,310,580 in attorney's fees. IT IS SO ORDERED. Signed on 8/15/2018 by Judge Michael H. Simon. (pvh)
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Filing
353
Opinion and Order - Defendant's partial motion to dismiss (ECF 345 ) is GRANTED. Plaintiff's Second and Fourth Claims for Relief are dismissed. Plaintiff's motion to amend (ECF 347 ) is DENIED. Signed on 7/26/2017 by Judge Michael H. Simon. (mja)
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Filing
315
Opinion and Order. The Court GRANTS Defendant's Motion 274 for Summary Judgment as to Plaintiff's First Cause of Action for Breach of Contract; DENIES Plaintiff's Motion 283 for Partial Summary Judgment on Breach of Contr act, Attorney Fees, Expert Costs, and Prejudgment Interest; and DENIES Plaintiff's request for a partial final judgment on Claim One pursuant to Federal Rule of Civil Procedure 54(b). Signed on 10/14/2016 by Judge Anna J. Brown. See attached 16 page Opinion and Order for full text. (bb)
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Filing
139
AMENDED OPINION AND ORDER: The Court GRANTS in part and DENIES in part Plaintiffs Motion 103 for Partial Summary Judgment as follows: The Court grants Plaintiff's Motion as to the issue of fault and finds as a matter of law that Neira w as 100% at fault for the accident and denies Plaintiff's Motion as to whether the injuries for which Plaintiff incurred the medical expenses were caused by the accident and whether the unpaid medical expenses were reasonable and necessary. The Court also DENIES as moot Plaintiff's Motion 132 to Strike. See 19-page amended opinion and order attached. Signed on 5/18/2015 by Judge Anna J. Brown. (mr)
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Filing
136
Opinion and Order. The Court GRANTS in part and DENIES in part Plaintiffs Motion 103 for Partial Summary Judgment as follows: The Court grants Plaintiffs Motion as to the issue of fault and finds as a matter of law that Neira was 100 7; at fault for the accident and denies Plaintiffs Motion as to whether the injuries for which Plaintiff incurred the medical expenses were caused by the accident and whether the unpaid medical expenses were reasonable and necessary. The Court also DENIES as moot Plaintiffs Motion 132 to Strike. Signed on 05/14/2015 by Judge Anna J. Brown. (bb)
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Filing
63
Order by Judge Anna J. Brown. Any party wishing to file any motion to compel discovery from Harding must file such motion no later than 08/08/2014. Any opposition to such motion, including any cross-motion by any party or Harding, is due no later than 08/13/2014. Any response to any cross motion is due no later than 08/20/2014. No replies will be permitted. The Court will hear oral argument on such motions on 08/28/2014 at 9:00 a.m. The Court directs the Clerk to ensure Hardings counsel, Ms. Deanna Wray, receives a copy of this Order. No later than 08/08/2014, the parties shall file a jointly proposed case-management schedule. See attached Order for full text. Signed on 08/04/2014 by Judge Anna J. Brown. (bb)
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Filing
32
MINUTES of Proceedings: The Court GRANTS Defendants Motion 6 to Dismiss in part and DISMISSES without prejudice as premature Plaintiffs Second Claim for Relief. The Court DENIES as moot Defendants Request 8 for Judicial Notice. The Co urt DENIES as moot Plaintiffs Motion 21 to Quash and for Protective Order. The Court STRIKES all existing case-management dates and directs the parties to file by June 11, 2014, a joint status report. See attached Order for full text. Heather Brann, James Jennings, Nicholas Kahl present as counsel for plaintiff(s). Matthew Cases, Robert McLay present as counsel for defendant(s).(Court Reporter Amanda LeGore.) (bb)
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| Plaintiff: Peggy Foraker | |
| Represented By: | Paul S. Bovarnick |
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| Defendant: USAA Casualty Insurance Company | |
| Represented By: | Matthew C. Casey |
| Represented By: | Joshua N. Kastan |
| Represented By: | Robert S. McLay |
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