Eclipse Consulting, Inc. v. BDO USA, LLP

Justia Dockets & Filings Ninth Circuit Oregon District Court Eclipse Consulting, Inc. v. BDO USA, LLP

Eclipse Consulting, Inc. v. BDO USA, LLP

Plaintiff:	Eclipse Consulting, Inc.
Defendant:	BDO USA, LLP
Case Number:	3:2017cv00826
Filed:	May 25, 2017
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	John V. Acosta
Nature of Suit:	Contract: Other Contract Actions
Cause of Action:	28 U.S.C. § 185 Suit to Compel Arbitration
Jury Demanded By:	None

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Date Filed	Document Text
January 23, 2019	Filing 55 OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R 51 as my own opinion. Defendant's Motion to Dismiss 43 is GRANTED, Plaintiffs claims are dismissed with prejudice, and without leave to amend. Signed on 1/25/2019 by Judge Michael W. Mosman. (kms)
March 30, 2018	Filing 38 OPINION AND ORDER: I ADOPT IN PART. I ADOPT the F&R except as to the dismissal without leave to amend. Eclipse now raises, in its objections, issues regarding the recommendation to dismiss with prejudice that it did not raise with Judge Acosta. Tho se objections shed new light on the possibility that it could successfully amend its complaint. I find that Eclipse Consulting could allege facts, consistent with its pleading, that could cure the identified deficiencies. See Schreiber Distrib. Co . v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). Accordingly, BDO USA's Motion to Dismiss 13 is GRANTED and Eclipse's Petition to Compel Arbitration 1 is dismissed with leave to amend. Eclipse has 14 days to amend. Signed on 3/30/2018 by Judge Michael W. Mosman. (kms)

Date Filed

Document Text

January 23, 2019

Filing 55 OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R 51 as my own opinion. Defendant's Motion to Dismiss 43 is GRANTED, Plaintiffs claims are dismissed with prejudice, and without leave to amend. Signed on 1/25/2019 by Judge Michael W. Mosman. (kms)

March 30, 2018

Filing 38 OPINION AND ORDER: I ADOPT IN PART. I ADOPT the F&R except as to the dismissal without leave to amend. Eclipse now raises, in its objections, issues regarding the recommendation to dismiss with prejudice that it did not raise with Judge Acosta. Tho se objections shed new light on the possibility that it could successfully amend its complaint. I find that Eclipse Consulting could allege facts, consistent with its pleading, that could cure the identified deficiencies. See Schreiber Distrib. Co . v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). Accordingly, BDO USA's Motion to Dismiss 13 is GRANTED and Eclipse's Petition to Compel Arbitration 1 is dismissed with leave to amend. Eclipse has 14 days to amend. Signed on 3/30/2018 by Judge Michael W. Mosman. (kms)

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Defendant: BDO USA, LLP
Represented By:	Austin Rainwater
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Plaintiff: Eclipse Consulting, Inc.
Represented By:	Craig R. Berne
Represented By:	Adam S. Heder
Represented By:	Shawn M. Lindsay
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