McDonald v. Union Pacific Railroad Company
| Alex E. McDonald |
| Union Pacific Railroad Company |
| 3:2017cv01157 |
| July 25, 2017 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Youlee Yim You |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2018. A more recent docket listing may be available from PACER.
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| Filing 36 Judgment. Signed on 5/1/2018 by Judge Michael H. Simon. (mja) |
Filing 35
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge You's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge You's Findings and Recommendation, ECF #30 . Defendant's motion to dismiss (ECF #14 ) is GRANTED, Plaintiff's motion to amend the complaint (ECF #25 ) is DENIED, and Plaintiff's claims are dismissed with prejudice. Signed on 5/1/2018 by Judge Michael H. Simon. (mja)
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Filing 34
ORDER by Magistrate Judge Youlee Yim You: REFERRING the Findings & Recommendation (#33 ) to Judge Simon. (eo)
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Filing 33
FINDINGS & RECOMMENDATION: Union Pacifics motion to dismiss (ECF #14 ) should be GRANTED, plaintiffs motion to amend the complaint (ECF #25 ) should be DENIED, and this case should be dismissed with prejudice. Signed onThese Findings and Recommendations will be referred to a district judge. Objections, if any, are due Thursday, April 26, 2018. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. NOTICE: These Findings and Recommendations are not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any Notice of Appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of a judgment. Signed on April 12, 2018 by Magistrate Judge Youlee Yim You. (eo)
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| Filing 32 MINUTES of Proceedings: Telephonic Oral Argument held on 2/7/2018 regarding Plaintiff's Motion for Leave to File Amended Complaint #25 . Motion is taken under advisement as of 2/7/2018. Edward P. Fitch present as counsel for plaintiff. Adam Feeney present as counsel for defendant. Court Reporter: Bonita Shumway (503) 326-8188. Magistrate Judge Youlee Yim You presiding. (pvh) |
| Filing 31 Notification of CM/ECF Account for Kyle Wallor (Pro Hac Vice admission). Your login is: wallor. Go to #the CM/ECF login page to set your password. (jtj) |
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Filing 30
ORDER: Granting Application for Special Admission Pro Hac Vice of Kyle Wallor for Union Pacific Railroad Company. Application Fee in amount of $300 collected. Receipt No. 0979-5302909 issued. Pro Hac Application #28 is deemed moot per entry of this Order. Signed on 2/7/2018 by Magistrate Judge Youlee Yim You. (jtj)
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| Filing 29 Motion for Leave to Appear Pro Hac Vice for Attorney Kyle Wallor . Filing fee in the amount of $300 collected; Receipt No.: 0979-5302909. Filed by Union Pacific Railroad Company. (Coleman, Timothy) |
| Filing 28 Motion for Leave to Appear Pro Hac Vice for Attorney Kyle Wallor . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5302909. Filed by Union Pacific Railroad Company. (Wallor, Kyle) |
| Filing 27 Reply to Motion for Leave to File Amended Complaint/Petition #25 . Filed by Alex E. McDonald. (Fitch, Edward) |
| Filing 26 Response in Opposition to Motion for Leave to File Amended Complaint/Petition #25 Oral Argument requested. Filed by Union Pacific Railroad Company. (Coleman, Timothy) |
| Filing 25 Motion for Leave to File Amended Complaint/Petition . Oral Argument requested. Filed by Alex E. McDonald. (Fitch, Edward) |
| Filing 24 MINUTES of Proceedings: Oral Argument Hearing held on 12/08/2017 regarding Defendant's Motion to Dismiss for Failure to State a Claim #14 . ORDER - Motion is taken under advisement as of 12/8/2017. Plaintiff shall file his motion to amend complaint by Friday, December 29, 2017. Defendant's response shall be filed by Friday, January 19, 2018. Plaintiff's reply shall be filed by Wednesday, January 31, 2018. Telephonic oral argument on the motion to amend shall be held on Wednesday, February 7th, 2018, at 9:00 am before Judge Youlee Yim You. Edward P. Fitch present as counsel for plaintiff. Adam Feeney and Kimberlee M. Petrie Volm present as counsel for defendant. Court Reporter: Bonita Shumway (503) 326-8188. Magistrate Judge Youlee Yim You presiding. (pvh) |
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Filing 23
Scheduling Order: SETTING Telephonic Oral Argument for Friday, 12/8/2017 at 09:30AM by telephone before Magistrate Judge Youlee Yim You. regarding Motion to Dismiss for Failure to State a Claim #14 . Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 22
ORDER: Granting Joint Motion to Stay Discovery #21 . Discovery is stayed until 30 days after the final ruling on Defendant's Motion to Dismiss #14 , including any obligations for the parties' to confer with one another and the Court under Rule 26 and Rule 16. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 21 Joint Motion for Stay Discovery. Filed by All Defendants. (Coleman, Timothy) |
| Filing 20 Reply to Motion to Dismiss for Failure to State a Claim #14 Oral Argument requested. Filed by Union Pacific Railroad Company. (Petrie Volm, Kimberlee) |
| Filing 19 Declaration of Tom McDonald . Filed by Alex E. McDonald. (Related document(s): Response to Motion #16 .) (Fitch, Edward) |
| Filing 18 Declaration of Alex McDonald . Filed by Alex E. McDonald. (Related document(s): Response to Motion #16 .) (Fitch, Edward) |
| Filing 17 Declaration of Edward P. Fitch . Filed by Alex E. McDonald. (Related document(s): Response to Motion #16 .) (Fitch, Edward) |
| Filing 16 Response to Motion to Dismiss for Failure to State a Claim #14 Oral Argument requested. Filed by All Plaintiffs. (Fitch, Edward) |
| Filing 15 Corporate Disclosure Statement . Filed by Union Pacific Railroad Company. (Petrie Volm, Kimberlee) |
| Filing 14 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Union Pacific Railroad Company. (Petrie Volm, Kimberlee) |
| Filing 13 Notification of CM/ECF Account for Anne M. O'Brien (Pro Hac Vice admission). Your login is: amobrien. Go to #the CM/ECF login page to set your password. (sss) |
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Filing 12
ORDER: Granting Application for Special Admission Pro Hac Vice of Anne M. O'Brien for Union Pacific Railroad Company. Application Fee in amount of $300 collected. Receipt No. 0979-5119825 issued. Signed on 8/22/2017 by Magistrate Judge Youlee Yim You. (sss)
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| Filing 11 Notification of CM/ECF Account for Adam Feeney (Pro Hac Vice admission). Your login is: afeeney. Go to #the CM/ECF login page to set your password. (sss) |
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Filing 10
ORDER: Granting Application for Special Admission Pro Hac Vice of Adam Feeney for Union Pacific Railroad Company. Application Fee in amount of $300 collected. Receipt No. 0979-5119808 issued. Signed on 8/22/2017 by Magistrate Judge Youlee Yim You. (sss)
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| Filing 9 Motion for Leave to Appear Pro Hac Vice for Attorney Anne Marie O'Brien . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5119825. Filed by All Defendants. (Coleman, Timothy) |
| Filing 8 Motion for Leave to Appear Pro Hac Vice for Attorney Adam Feeney . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5119808. Filed by All Defendants. (Attachments: #1 Attachment) (Coleman, Timothy) |
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Filing 7
ORDER: Granting Unopposed Motion for Extension of Time to Answer #5 . Answer or other responsive pleading is due by 9/1/2017. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 6 Declaration of Kimberlee Petrie Volm . Filed by Union Pacific Railroad Company. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #5 .) (Petrie Volm, Kimberlee) |
| Filing 5 Unopposed Motion for Extension of Time to Answer . Filed by Union Pacific Railroad Company. (Petrie Volm, Kimberlee) |
| Filing 4 Return of Service Executed as to All Defendants. (Fitch, Edward) |
| Filing 3 Summons Issued Electronically as to Union Pacific Railroad 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. (sss) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Youlee Yim You 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 11/24/2017. Joint Alternate Dispute Resolution Report is due by 12/26/2017. Pretrial Order is due by 12/26/2017. Ordered by Magistrate Judge Youlee Yim You. (sss)
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5090635 Jury Trial Requested: Yes. Filed by Alex E. McDonald against Union Pacific Railroad Company (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Fitch, Edward) |
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