Nelson v Peregrine Sports, LLC
| Todd Eric Nelson and Todd Nelson |
| Peregrine Sports, LLC and Peregrine Sports, LLC a Delaware limited liability company doing business as Portland Timbers |
| 3:2017cv01718 |
| October 27, 2017 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
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Filing 36
JUDGMENT: Based on the Court's Order 35 , It is Adjudged that this case is Dismissed. Signed on 8/17/18 by Judge Michael H. Simon. (gm)
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Filing 35
ORDER issued by Magistrate Judge Paul Papak: Plaintiff is allowed a period of thirty (30) days from today's date to amend his pleading in the event plaintiff can accurately allege facts sufficient to cure the identified deficiencies in his pleading, failing which final judgment will issue. (gm)
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Filing 34
ORDER - The Court adopts in part Judge Papak's F&R, as explained and supplemented in this Order. Defendant's motion to dismiss (ECF #24 ) is GRANTED. Plaintiff's claim for breach of express contract and for intentional interference are dismissed without prejudice, and the remainder of Plaintiff's claims are dismissed with prejudice. Signed 6/26/2018 by Judge Michael H. Simon. (mja)
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| Filing 33 Response to Objections to Findings & Recommendation. on Defendant's Motion to Dismiss Amended Complaint Related document(s): #32 Objections to Findings & Recommendation. Filed by All Defendants. (Morgan, Reed) |
| Filing 32 Objections to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #24 should be granted #30 Oral Argument requested. Filed by Todd Nelson. (Andersen, Bradley) |
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Filing 31
ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation #30 is referred to Judge Michael H. Simon for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (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 Recommendation will go under advisement. (gm)
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| Filing 30 Findings & Recommendation: The Timbers' Motion to Dismiss #24 should be granted in its entirety, and (i) Nelson's breach of contract claim, claim for declaratory judgment, and "claim" for specific performance should be dismissed with prejudice to the extent premised on a theory of implied contract or of promissory estoppel and without prejudice to the extent premised on a theory of express contract, (ii) Nelson's UTPA claim should be dismissed with prejudice, (iii) Nelson's misrepresentation claim should be dismissed with prejudice, and (iv) Nelson's intentional interference with economic relations claim should be dismissed without prejudice. Nelson should be given a period of thirty (30) days within which to amend his pleading to restate his claims to the extent they are dismissed without prejudice, in the event he is able to cure the deficiencies identified therein. In the event Nelson fails so to amend his pleading, a final judgment should be prepared. Signed on 4/18/18 by Magistrate Judge Paul Papak. (gm) |
| Filing 29 MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 2/5/18. Order: Defendant's Rule 12 Motion to Dismiss #24 is taken under advisement as of 2/5/2018. Bradley Andersen present as counsel for plaintiff(s). Joel Mullin present as counsel for defendant(s). Court Reporter: Bonita Shumway. (gm) |
| Filing 28 MINUTES OF TIME SET before Magistrate Judge Paul Papak for Oral Argument on 1/29/18. No appearance was made by or on behalf of Plaintiff. Order: Resetting Defendant's Rule 12 Motion to Dismiss #24 from 1/29/2018 at 10:00AM to the Oral Argument Calendar of 2/5/2018 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. Joel Mullin present as counsel for defendant(s). Court Reporter: Ryan White. (gm) |
| Filing 27 Reply in Support of / to Motion to Dismiss for Failure to State a Claim #24 Oral Argument requested. Filed by Peregrine Sports, LLC. (Mullin, Joel) |
| Filing 26 Response in Opposition to Motion to Dismiss for Failure to State a Claim #24 Oral Argument requested. Filed by Todd Nelson. Reply is due by 1/16/2018. (Andersen, Bradley) |
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Filing 25
ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Rule 12 Motion to Dismiss #24 on the Oral Argument Calendar of 1/29/2018 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm)
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| Filing 24 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by All Defendants. (Morgan, Reed) |
| Filing 23 Notice of Attorney Withdrawal: Vanessa Power Filed by Peregrine Sports, LLC. (Power, Vanessa) |
| Filing 22 Amended Complaint . Filed by Todd Nelson against Peregrine Sports, LLC. (Andersen, Bradley) |
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Filing 21
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Motion for Leave to File Amended Complaint #20 . Plaintiff shall promptly file his amended complaint. Order: Counsel are reminded to include the judge's initials 'PK' following the case number on all future pleadings. (gm)
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| Filing 20 Unopposed Motion for Leave to File Amended Complaint/Petition . Expedited Hearing requested. Filed by Todd Eric Nelson. (Attachments: #1 Exhibit, #2 Proposed Order) Response is due by 12/11/2017. (Andersen, Bradley) |
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Filing 19
Notice of Case Assignment to Magistrate Judge Paul Papak 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 2/26/2018. Joint Alternate Dispute Resolution Report is due by 3/26/2018. Pretrial Order is due by 3/26/2018. Ordered by Magistrate Judge Paul Papak. (eo)
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| Filing 18 Case transferred in from District of Washington Western; Case Number 3:17-cv-05646. Electronic file received. |
| Case will be sent to District of Oregon by electronic case transfer 15 days following the date of this filing. If case is stipulated, the 15 day waiting period does not apply. (CMG) [Transferred from Washington Western on 10/27/2017.] |
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Filing 17
ORDER ON DEFENDANT'S MOTION TO TRANSFER, OR IN THE ALTERNATIVE, DISMISS, granting in part and denying in part #5 Motion to Transfer Case. The clerk is directed to transfer this case to the District of Oregon. Signed by Judge Robert J. Bryan. (JL) [Transferred from Washington Western on 10/27/2017.]
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| Filing 16 REPLY, filed by Defendant Peregrine Sports, LLC, TO RESPONSE to #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss (Mullin, Joel) [Transferred from Washington Western on 10/27/2017.] |
| Filing 15 Second DECLARATION of Joseph Cote filed by Defendant Peregrine Sports, LLC re #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss (Mullin, Joel) [Transferred from Washington Western on 10/27/2017.] |
| Filing 14 DECLARATION of Todd Nelson filed by Plaintiff Todd Eric Nelson re #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss (Attachments: #1 Exhibit A)(Haberthur, Phillip) [Transferred from Washington Western on 10/27/2017.] |
| Filing 13 RESPONSE, by Plaintiff Todd Eric Nelson, to #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss. (Haberthur, Phillip) [Transferred from Washington Western on 10/27/2017.] |
| Filing 12 AFFIDAVIT of Service of Summons and Complaint on Peregrine Sports, LLC on 8/18/2017, filed by Plaintiff Todd Eric Nelson. (Haberthur, Phillip) [Transferred from Washington Western on 10/27/2017.] |
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Filing 11
ORDER on the #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Reed W Morgan for Peregrine Sports, LLC, by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CMG) [Transferred from Washington Western on 10/27/2017.]
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Filing 10
ORDER on the #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Joel A Mullin for Peregrine Sports, LLC, by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CMG) [Transferred from Washington Western on 10/27/2017.]
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| Attorney Vanessa Soriano Power added for Peregrine Sports, LLC pursuant to the #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss. (CMG) [Transferred from Washington Western on 10/27/2017.] |
| Filing 9 APPLICATION OF ATTORNEY Reed W. Morgan FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Peregrine Sports, LLC (Fee Paid) Receipt No. 0981-5008835 (Attachments: #1 Certificate of Service)(Power, Vanessa) [Transferred from Washington Western on 10/27/2017.] |
| Filing 8 APPLICATION OF ATTORNEY Joel A. Mullin FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Peregrine Sports, LLC (Fee Paid) Receipt No. 0981-5008816 (Attachments: #1 Certificate of Service)(Power, Vanessa) [Transferred from Washington Western on 10/27/2017.] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Peregrine Sports, LLC (Power, Vanessa) [Transferred from Washington Western on 10/27/2017.] |
| Filing 6 DECLARATION of Joseph Cote filed by Defendant Peregrine Sports, LLC re #5 MOTION to Transfer Case , Or In The Alternative, To Dismiss (Power, Vanessa) [Transferred from Washington Western on 10/27/2017.] |
| Filing 5 MOTION to Transfer Case , Or In The Alternative, To Dismiss, filed by Defendant Peregrine Sports, LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/29/2017, (Power, Vanessa) [Transferred from Washington Western on 10/27/2017.] |
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Filing 4
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 10/31/2017, Initial Disclosure Deadline is 11/7/2017, Joint Status Report due by 11/14/2017. Authorized by Judge Robert J. Bryan. (JL) [Transferred from Washington Western on 10/27/2017.]
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Filing 3
ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) [Transferred from Washington Western on 10/27/2017.]
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| Filing 2 Summons Electronically Issued as to defendant Peregrine Sports, LLC. (CMG) [Transferred from Washington Western on 10/27/2017.] |
| Judge Robert J. Bryan added. (CMG) [Transferred from Washington Western on 10/27/2017.] |
| JSR due 11/14/2017. (JL) [Transferred from Washington Western on 10/27/2017.] |
| NOTICE TO FILER-ALIAS ENTERED INCORRECTLY: For future reference, please do not add the d/b/a name to the end of the party name. The d/b/a should be added in the alias filed in the dropdown box under the party's name when entering the case participants.SIGNATURE IMPROPER: The Complaint was improperly signed by BRADLEY W. ANDERSEN. Pursuant to FRCP Rule 11 and LCR 5(d), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "an electronically filed pleading or other document which requires an attorney's signature must have the signer's name(s) printed or typed on the line and under all signature lines." You do not have to re-file this document, but please be sure all future documents are properly signed. Thank you. (CMG) [Transferred from Washington Western on 10/27/2017.] |
| Filing 1 COMPLAINT against defendant(s) Peregrine Sports, LLC dba Portland Timbers with JURY DEMAND (Receipt # 0981-4981399), filed by Todd Eric Nelson. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Haberthur, Phillip) [Transferred from Washington Western on 10/27/2017.] |
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