Unigestion Holding, S.A. v. UPM Technology, Inc. et al
| Unigestion Holding, S.A. |
| Tyler Allen, Baltazar Ruiz, Benjamin Sanchez, UPM Marketing, Inc., UPM Technology, Inc. and UPM Telecom, Inc. |
| 3:2015cv00185 |
| February 2, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Civil (RICO) 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
504
Opinion and Order on Motions in Limine and Other Objections. Signed on 10/28/2022 by Judge Michael H. Simon. (mja)
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Filing
442
ORDER - The Court DENIES Defendants' Motion for Judgment as a Matter of Law-Causation and Damages (ECF 398 ). The Court GRANTS Digicel-Haiti's Motion to Stay Defendants' Counterclaims Pending Resolution of Issues Arising Under the Communications Act of 1934 (ECF 421 ). The Court STAYS all counterclaims asserted by UPM pending resolution by the FCC of the Communications Act issues raised in UPM's Communications Act counterclaims. The Court also DENIES WITHOUT PREJUDI CE both UPM's Motion for Summary Judgment-Communications Act (ECF 386 ) and UPM's Motions in Limine (ECF 438 ), with leave to renew after the FCC proceedings have been completed. The parties are directed to file a joint status report prom ptly after a decision by the FCC that materially affects these issues or by April 5, 2023, whichever occurs first. Digicel-Haiti's fraud claim based solely on active concealment by using HBS remains set for trial on November 14, 2022. The Daubert hearing to consider Digicel-Haiti's expert damages testimony remains set for October 27, 2022, at 11:00 a.m. Signed on 10/4/2022 by Judge Michael H. Simon. (mja)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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).
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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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