Yarbrough v. First American Title Insurance Company et al
| Jack R. Yarbrough |
| First American Corporation and First American Title Insurance Company |
| 3:2014cv01453 |
| September 10, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Anna J Brown |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 55
Order of USCA for the 9th Circuit, USCA # 15-35984, re Notice of Appeal #52 . Pursuant to the stipulation of the parties (Docket Entry No. 17), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties agree to bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (jtj)
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| Filing 54 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 9/14/2015 before Judge Anna J. Brown, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/8/2016. Redaction Request due 2/22/2016. Redacted Transcript Deadline set for 3/3/2016. Release of Transcript Restriction set for 5/2/2016. (Shumway, Bonita) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #52 . Case Appealed to 9th Circuit Court of Appeals Case Number 15-35984 assigned. (jtj) |
| Filing 53 Transcript Designation and Order Form for the hearing held on 9/14/15 before Judge Anna Brown. Court Reporter: Bonita Shumway. regarding Notice of Appeal #52 . Filed by Jack R. Yarbrough. Transcript is due by 2/1/2016. (Ghiorso, William) |
| Filing 52 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-4422738: . Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 51 Judgment. Signed on 11/23/2015 by Judge Anna J. Brown. (bb) |
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Filing 50
Opinion and Order: The Court GRANTS Defendants' Motion #32 for Summary Judgment and DECLARES Defendants do not have a duty to defend Plaintiff in the underlying litigation; DENIES Plaintiffs Motion #37 for Partial Summary Judgment; and DISMISSES this matter with prejudice. The Court also OVERRULES as moot Defendants Objections #38 to Evidence Offered by Plaintiff.Signed on 11/23/2015 by Judge Anna J. Brown. See attached 15 page Opinion and Order for full text. (bb)
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| Filing 49 Supplement Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment #32 , Motion for Partial Summary Judgment #37 .) (Attachments: #1 Attachment Declaration of William L. Ghiorso) (Ghiorso, William) |
| Filing 48 Supplemental Memorandum in Support of Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #32 .) (Anderson, Tyler) |
| Filing 47 Notice of Attorney Substitution:Attorney Aaron J. Potter is substituted as counsel of record in place of attorney RICHARD J. KUHN Filed by First American Corporation, First American Title Insurance Company (Potter, Aaron) |
| Filing 46 MINUTES of Proceedings: Oral Argument on Motion for Summary Judgment #32 and Motion for Partial Summary Judgment #37 . Parties have leave to makea supplemental filing in support of their respective motions or in opposition to the opposing motion. Plaintiff must include a citation to authority with respect to the assertions made in plaintiff's brief in opposition to the defendants' motion. And to the extent any party has additional authority concerning court interpretation of this so-called endorsement 110.5 that would assist the Court in understanding what its meaning is in the context of this case, it should be included. Supplemental Memorandum due no later than 09/28/2015 and is limited to 15 pages. Matters will go under advisement 9/28/2015. William Ghiorso present as counsel for plaintiff(s). Tyler Anderson, Mark Sherman present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Anna J. Brown presiding. (bb) |
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Filing 45
Scheduling Order by Judge Anna J. Brown. Based upon the unopposed oral request of the parties the Oral Argument set for 08/13/2015 is VACATED and is RESET for 9/14/2015 at 02:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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Filing 44
Scheduling Order by Judge Anna J. Brown. Oral Argument on Plaintiff's Motion for Partial Summary Judgment #37 and Defendants' Motion for Summary Judgment #32 is RESET for 8/13/2015 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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| Filing 43 Amended Reply to Defendants' Response to Motion for Partial Summary Judgment #37 Oral Argument requested. Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 42 Response to Defedants' Objection to Evidence Offered by Plaintiff Oral Argument requested. Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 41 Reply to Defendants' Response to Motion for Partial Summary Judgment #37 Oral Argument requested. Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 40 Response in Opposition to Plaintiff's Motion for Partial Summary Judgement to Motion for Partial Summary Judgment #37 . Filed by First American Corporation, First American Title Insurance Company. (Anderson, Tyler) |
| Filing 39 Reply in Support of Defendants' to Motion for Summary Judgment #32 . Filed by First American Corporation, First American Title Insurance Company. (Anderson, Tyler) |
| Filing 38 Objection(s) Defendants' Objections to Evidence Offered By Jack R. Yarbrough. Filed by First American Corporation, First American Title Insurance Company. (Related document(s): Response to Motion, #36 .) (Anderson, Tyler) |
| Filing 37 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 36 Response to Motion for Summary Judgment #32 Oral Argument requested. Filed by Jack R. Yarbrough. (Attachments: #1 Attachment Declaration of William L. Ghiorso in Support of Motion, #2 Attachment Declaration of Richard Stacey) (Ghiorso, William) |
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Filing 35
ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion #33 to Expand Time to Respond to Defendant's Motion for Summary Judgment #32 . Plaintiff's separately filed and stand-alone opposition to Defendant's Motion for Summary Judgment #32 is now due 05/15/2015. Even though Plaintiff did not request an extension to file any cross-motion, if Plaintiff intends to, the Court extends that due date also to 05/15/2015. Motion must be separately filed and a stand-alone motion. Defendant's reply and separately filed stand-alone opposition to any cross-motion filed are due by 6/5/2015. Plaintiff's reply to cross-motion is due by 6/22/2015. Oral Argument remains is SET for 7/31/2015 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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| Filing 34 Plaintiff's Memorandum in Support of Unopposed Motion for Extension of Time to File Response. Filed by Jack R. Yarbrough. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #33 .) (Ghiorso, William) |
| Filing 33 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #32 . Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 32 Motion for Summary Judgment . Oral Argument requested. Filed by First American Corporation, First American Title Insurance Company. (Attachments: #1 Declaration of Ryan Scott) (Anderson, Tyler) |
| Filing 31 Joint Concise Statement -- Joint Statement of Agreed Facts. Filed by First American Corporation, First American Title Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibits C-E) (Anderson, Tyler) |
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Filing 30
Order by Judge Anna J. Brown. The Court thanks counsel for their joint Alternate Dispute Resolution Report #28 . If the parties' private referral to a neutral of their choice warrants a change in the existing case management schedule 27 , the parties must file an appropriate motion for extension supported by a showing of good cause. (bb)
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Filing 29
Order by Judge Anna J. Brown. At the joint request of the parties the Joint Statement of Agreed Facts is now due 04/08/2015. (bb)
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| Filing 28 Joint ADR Report . Filed by First American Corporation, First American Title Insurance Company.(Anderson, Tyler) |
| Filing 27 MINUTES of Proceedings: Scheduling Conference. Plaintiff orally withdrew Motion for Disqualification of Counsel #19 and its therefore withdrawn as MOOT. Joint Statement of Agreed Facts and Joint Alternate Dispute Resolution Report are due by 4/6/2015. Defendant's separately filed dispositive motions are due by 4/17/2015. Plaintiff's separately filed and stand-alone opposition to Defendant's dispositive motions and any cross-motions are due by 5/11/2015. Defendant's reply and separately filed stand-alone opposition to any cross-motions filed are due by 6/1/2015. Plaintiff's reply to cross-motion is due by 6/22/2015. Oral Argument is SET for 7/31/2015 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. William Ghiorso present as counsel for plaintiff(s). Richard Kuhn, Tyler Anderson present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
| Filing 26 Proposed Joint Case Management Schedule . Filed by All Defendants. (Anderson, Tyler) |
| Filing 25 Response in Opposition to Motion for Disqualification of Counsel #19 . Filed by First American Corporation, First American Title Insurance Company. (Attachments: #1 Declaration of Tyler J. Anderson, #2 Declaration of C. Clayton Gill, #3 Declaration of James L. Martin) (Anderson, Tyler) |
| Filing 24 Certificate of Compliance with LR 7-1. Filed by Jack R. Yarbrough. (Related document(s): Motion for Disqualification of Counsel #19 .) (Ghiorso, William) |
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Filing 23
Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion for Disqualification of Counsel #19 is RESET from 12/23/2014 to 1/6/2015 at 02:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb)
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Filing 22
Scheduling Order by Judge Anna J. Brown. Oral Argument on Plaintiff's Motion for Disqualification of Counsel #19 is SET for 12/23/2014 at 02:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. Defendants' response is due 12/12/2014. (bb)
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| Filing 21 Declaration of Richard Stacey in Support of Plaintiff's Motion to Disqualify Opposing Counsel. Filed by Jack R. Yarbrough. (Related document(s): Motion for Disqualification of Counsel #19 .) (Ghiorso, William) |
| Filing 20 Plaintiff's Memorandum in Support of Motion to Disquailfy Opposing Counsel. Filed by Jack R. Yarbrough. (Related document(s): Motion for Disqualification of Counsel #19 .) (Ghiorso, William) |
| Filing 19 Motion for Disqualification of Counsel . Oral Argument requested. Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 18 Answer to Answer to Complaint, Counterclaim #17 . Filed by Jack R. Yarbrough. (Related document(s): Answer to Complaint, Counterclaim #17 .) (Ghiorso, William) |
| Filing 17 Answer to #1 Complaint, and, Counterclaim by All Defendants. Filed by First American Title Insurance Company. (Kuhn, Richard) |
| Filing 16 Notification of CM/ECF Account for Attorney Tyler J. Anderson (appearing Pro Hac Vice). Your login is: tjanderson. Complete your account setup by following the instructions available at ord.uscourts.gov by selecting Admissions under the For Attorneys tab. (ecp) |
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Filing 15
Order Granting Application for Special Admission Pro Hac Vice of Tyler J. Anderson for First American Corporation and First American Title Insurance Company. Application Fee in amount of $100 collected. Receipt No. 0979-3896016 issued. Signed on 11/10/2014 by Judge Anna J. Brown. (ecp)
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| Filing 14 Notification of CM/ECF Account for Attorney C. Clayton Gill (appearing Pro Hac Vice). Your login is: gillcc. Complete your account setup by following the instructions available at ord.uscourts.gov by selecting Admissions under the For Attorneys tab. (ecp) |
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Filing 13
Order Granting Application for Special Admission Pro Hac Vice of C. Clayton Gill for First American Corporation and First American Title Insurance Company. Application Fee in amount of $100 collected. Receipt No. 0979-3895974 issued. Signed on 11/10/2014 by Judge Anna J. Brown. (ecp)
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| Filing 12 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice. Filed by All Defendants. (Related document(s): Motion to Appear Pro Hac Vice #11 .) (Kuhn, Richard) |
| Filing 11 Motion for Leave to Appear Pro Hac Vice for Attorney Tyler J. Anderson . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3896016. Filed by All Defendants. (Kuhn, Richard) |
| Filing 10 Affidavit of C. Clayton Gill in Support of Motion for Leave to Appear Pro Hac Vice. Filed by All Defendants. (Related document(s): Motion to Appear Pro Hac Vice #9 .) (Kuhn, Richard) |
| Filing 9 Motion for Leave to Appear Pro Hac Vice for Attorney C. Clayton Gill . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3895974. Filed by All Defendants. (Kuhn, Richard) |
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Filing 8
ORDER by Judge Anna J. Brown. The Court has completed its consideration of Defendants' (Opposed) Motion #5 for Extension of Time for Filing Response to Complaint together with Plaintiff's Objection #7 . In the exercise of its case-management discretion and in light of facts offered by each party in support of or in opposition to the requested extension as well as the fact that Tuesday, November 11, 2014, is a federal holiday, the Court concludes an extension is warranted. Defendants' counsel, however, should be able to complete the work necessary to file Defendants' Response to Plaintiff's Complaint before November 14, 2014. Accordingly, the Court GRANTS Defendants' an extension through 10:00 a.m., Wednesday, November 12, 2014, to file their Response to Plaintiff's Complaint. If that Response is an Answer, the Court will promptly set a Rule 16 Conference. If it is a motion against the Complaint, the Court will promptly set a briefing schedule. (bb)
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| Filing 7 Response in Opposition to Motion for Extension of Time to Answer Complaint #5 . Filed by Jack R. Yarbrough. (Ghiorso, William) |
| Filing 6 Memorandum in Support of Motion for Extension. Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #5 .) (Kuhn, Richard) |
| Filing 5 Motion for Extension of Time to Answer Complaint. Filed by All Defendants. (Kuhn, Richard) |
| Filing 4 Summons Issued Electronically as to First American Corporation, First American Title Insurance Company. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dsg) |
| Filing 3 Proposed Summons to all defendants Filed by All Plaintiffs. (Ghiorso, William) |
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Filing 2
Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 1/9/2015. Joint Alternate Dispute Resolution Report is due by 2/9/2015. Pretrial Order is due by 2/9/2015. Ordered by Judge Anna J. Brown. (dsg)
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3826920 Jury Trial Requested: No. Filed by Jack R. Yarbrough against All Defendants (Attachments: #1 Exhibit A). (Ghiorso, William) (Additional attachment(s) added on 9/11/2014: #2 Civil Cover Sheet) (dsg). |
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