Rote v. Lot Solutions, Inc. et al
Plaintiff: Timothy C. Rote
Defendant: Does 1 through 5 and Lot Solutions, Inc.
Case Number: 3:2016cv01434
Filed: July 15, 2016
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Paul Papak
Nature of Suit: Contract: Other Contract Actions
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 27, 2017 Opinion or Order Filing 26 ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Papak's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accord ingly, the Court ADOPTS Judge Papak's Findings and Recommendation, ECF 24 . Defendant's motion to dismiss (ECF 20 ) under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim is granted, Defendant's motion to dismi ss under Rule 12(b)(7) for failure to join a necessary party is denied without prejudice, and Defendant's alternative motion to transfer venue is denied. Plaintiff's Complaint is dismissed without prejudice. If Plaintiff can cure the defici encies identified by Judge Papak in his Findings and Recommendation, Plaintiff may file an amended complaint within thirty days from the date of this Order. If Plaintiff does not file an amended complaint, the Court shall enter a Judgment dismissing this case without prejudice. Signed on 3/27/2017 by Judge Michael H. Simon. (mja)
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Defendant: Does 1 through 5
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Defendant: Lot Solutions, Inc.
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Plaintiff: Timothy C. Rote
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