Unigestion Holding, S.A. v. UPM Technology, Inc. et al
Plaintiff: Unigestion Holding, S.A.
Defendant: Tyler Allen, Baltazar Ruiz, Benjamin Sanchez, UPM Marketing, Inc., UPM Technology, Inc. and UPM Telecom, Inc.
Case Number: 3:2015cv00185
Filed: February 2, 2015
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael H. Simon
Nature of Suit: Civil (RICO) Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 29, 2022 Opinion or Order Filing 384 Opinion and Order - In this Opinion and Order, the Court GRANTS IN PART AND DENIES IN PART Digicel-Haiti's motion for summary judgment against UPM's counterclaims (ECF 264 ), Digicel-Haiti's motion to exclude UPM's expert Joseph Gillan (ECF 272 ), and UPM's motion for partial summary judgment on its own counterclaims (ECF 255 ). The Court also addresses in this Opinion and Order several issues raised by UPM in its Pre-Hearing Memorandum (ECF 381 ). Finally, the Court sets a further case management schedule as described in this Opinion and Order and on the record during the hearing held on July 26, 2022. See ECF 383. Signed on 7/29/2022 by Judge Michael H. Simon. (mja)
July 13, 2022 Opinion or Order Filing 380 Opinion and Order - The Court DENIES Defendant UPM's renewed motion for summary judgment. ECF 335 . The Court also DENIES Plaintiff Digicel-Haiti's motion for reconsideration and alternative motions to certify an interlocutory appeal to the Ninth Circuit or questions to the Oregon Supreme Court. ECF 375 . Signed on 7/13/2022 by Judge Michael H. Simon. (mja)
January 18, 2022 Opinion or Order Filing 294 Opinion and Order - The Court GRANTS IN PART AND DENIES IN PART UPM's Motion for Summary Judgment (ECF 255 ). Digicel Haiti may proceed to trial only on its claim of fraud by active concealment; the Court grants UPM's motion against all ot her claims. The Court GRANTS IN PART AND DENIES IN PART the Individual Defendants' separate Motion for Summary Judgment (ECF 259 ). The Court grants partial summary judgment on Digicel Haiti's claims against Messrs. Sanchez, Ruiz, and Alle n, but Digicel Haiti may proceed to trial against Defendants UPM and Mr. Tran. The Court DEFERS ruling on Digicel Haiti's Motion for Summary Judgment Against UPM's Counterclaims (ECF 264 ) until after the trial of Digicel Haiti's clai m of fraud by active concealment against UPM and Mr. Tran. The Court DENIES Digicel Haiti's Motion for Partial Summary Judgment Establishing Defendants' Liability for Fraud (ECF 269 ). The Court DEFERS ruling on Digicel Haiti's Dauber t Motion (and Alternative Motion in Limine) Against UPM's Expert Witness Joseph Gillan (ECF 272 ) until after the trial of Digicel Haiti's claim of fraud by active concealment against UPM and Mr. Tran. Finally, the Court sua sponte BIFURCATES UPM's counterclaims and STAYS the trial of those counterclaims until after the trial of Digicel Haiti's sole remaining claim of fraud by active concealment against UPM and Mr. Tran. Signed on 1/18/2022 by Judge Michael H. Simon. (mja)
March 17, 2020 Opinion or Order Filing 211 Opinion and Order - Digicel USA's motion to dismiss (ECF 206 ) is GRANTED. Signed on 3/17/2020 by Judge Michael H. Simon. (mja)
September 3, 2019 Opinion or Order Filing 188 Opinion and Order - Plaintiff's motion to dismiss Defendants' amended antitrust counterclaim (ECF 162 ) is granted. Defendants' motion to dismiss Plaintiff's RICO claims (ECF 178 ) also is granted. Signed on 9/3/2019 by Judge Michael H. Simon. (mja)
March 30, 2018 Opinion or Order Filing 154 Opinion and Order - Digicel Haiti's Motion to Strike Affirmative Defenses (ECF 132 ) is GRANTED IN PART and DENIED IN PART. UPM's first and second affirmative defenses are stricken and the motion is denied in all other respects. Digicel Ha iti's Motion to Dismiss Counterclaims (ECF 133 ) is GRANTED IN PART and DENIED IN PART. UPM's seventh counterclaim is dismissed and the motion is denied in all other respects. The Court grants UPM leave to file a second amended answer within 21 days of the entry of this Opinion and Order. Signed on 3/30/2018 by Judge Michael H. Simon. (mja)
May 16, 2017 Opinion or Order Filing 122 Opinion and Order - Defendants' Motion to Dismiss (ECF 113 ) is DENIED. Signed on 5/16/2017 by Judge Michael H. Simon. (mja) (Main Document 122 replaced on 5/16/2017) (eo).
July 26, 2016 Opinion or Order Filing 95 Opinion and Order - Digicel Haiti's Motion to Dismiss Counterclaims (ECF 80 ) is DENIED. Digicel Haiti's Request for Judicial Notice (ECF 87 ) is GRANTED IN PART AND DENIED IN PART. Defendants' Motion to Dismiss for Lack of Jurisdict ion or, in the Alternative, to Reconsider (ECF 89 ) is DENIED. The Court also grants Digicel Haiti leave to file a second amended complaint within 45 days of the entry of this Opinion and Order with the additional details specified on the record. Signed on 7/26/2016 by Judge Michael H. Simon. (mja) (Main Document 95 replaced on 7/26/2016) (eo).
February 3, 2016 Opinion or Order Filing 58 Opinion and Order - Defendants' Motion to Dismiss (Dkt. 46 ) is DENIED. Signed on 2/3/2016 by Judge Michael H. Simon. (mja)
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Defendant: Tyler Allen
Represented By: Kathryn P. Salyer
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Defendant: Baltazar Ruiz
Represented By: Kathryn P. Salyer
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Defendant: Benjamin Sanchez
Represented By: Kathryn P. Salyer
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Defendant: UPM Marketing, Inc.
Represented By: Kathryn P. Salyer
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Defendant: UPM Technology, Inc.
Represented By: Kathryn P. Salyer
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Defendant: UPM Telecom, Inc.
Represented By: Kathryn P. Salyer
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Plaintiff: Unigestion Holding, S.A.
Represented By: Richard K. Hansen
Represented By: Anne M. Talcott
Represented By: Robert C.L. Vaughan
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