Camico Mutual Insurance Company v. McCoy Foat et al
| CAMICO Mutual Insurance Company |
| Fred Stockton, Mark Foat, Christy Stockton, Anthony Pate, McCoy Foat & Company, CPAS, P.C. and Amy Pate |
| 3:2018cv00701 |
| April 20, 2018 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Marco A Hernandez |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 39 JUDGMENT. Signed on 9/20/2019 by Judge Marco A. Hernandez. (jp) |
| Filing 38 Stipulated Motion for Judgment of Dismissal of All Claims with Prejudice. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
Filing 37
ORDER: Granting Motion for Stay #36 . Within thirty days following resolution of the Clackamas County Circuit Court lawsuit styled Amy Pate, et al. v. McCoy Foat & Co., CPAs, P.C., et al., No. 18CV31641, the parties shall contact the Court to request that the stay be lifted and to request that a telephone status conference be set to discuss the status of the case. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 36 Stipulated Motion for Stay of Remaining Claims. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
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Filing 35
ORDER issued by Judge Marco A. Hernandez: The Court orders that as to the claims not stayed (see ECF 33 ), dispositive motions are due 2/22/2019. Briefing on the motions will be pursuant to the schedule as outlined in this Court's Local Rules of Civil Procedure. Additionally, within thirty days following resolution of the Clackamas County Circuit Court lawsuit styled Amy Pate, et al. v. McCoy Foat & Co., CPAs, P.C., et al., No. 18CV31641, the parties shall contact the Court to request that the stay as to the stayed claims (see ECF 33 ) be lifted and to request that a telephone status conference be set to discuss the status of the case. (gm)
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Filing 34
ORDER - Defendants McCoy Foat & Company and Mark Foat's Motion to Stay Proceedings (ECF #30 ) is DENIED as MOOT. Ordered by Judge Marco A. Hernandez. (mja)
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Filing 33
ORDER - The Parties' Stipulated Motion for Partial Stay of Proceedings (ECF #32 ) is GRANTED. The following claims are stayed until resolution of the underlying lawsuit currently pending in Clackamas County: (1) CAMICO's reformation claim; (2) Camico's claim for declaratory judgment re: duty to indemnify; and (3) Foat's and McCoy Foat & Co.'s ("Foat") counterclaim for breach of fiduciary duty. The following claims are NOT stayed pursuant to this Order, and will proceed under a new case schedule: (1) CAMICO's claim for declaratory judgment re: duty to defend; (2) Foat's counterclaim for declaratory judgment re: duty to defend; and (3) Foat's counterclaim for breach of contract. All current case deadlines are stricken. The parties are ordered to confer and submit a proposed case schedule to Court via email, no later than December 31, 2018. Ordered by Judge Marco A. Hernandez. (mja)
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| Filing 32 Stipulated Motion for Stay (Partial Stay of Proceedings). Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 31 Declaration of W. Blake Mikkelsen in Support of Motion to Stay Proceedings in Part. Filed by Mark Foat, McCoy Foat & Company, CPAS, P.C.. (Related document(s): Motion for Stay #30 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Mikkelsen, W.) |
| Filing 30 Motion for Stay of Proceedings in Part. Oral Argument requested. Filed by Mark Foat, McCoy Foat & Company, CPAS, P.C.. (Mikkelsen, W.) |
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Filing 28
Opinion and Order. The Pate and Stockton Defendants' Motion to Dismiss #16 is denied. IT IS SO ORDERED. Signed on 9/6/2018 by Judge Marco A. Hernandez. (ecp)
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| Filing 29 MINUTES of Proceedings: Rule 16 Telephone Conference held. Status of case discussed as stated on the record. The Court set the following case schedule: Amended Complaint is due 12/17/2018. Discovery is to be completed by 12/17/2018. Dispositive Motions are due by 1/17/2018. The remaining case schedule will be set following the briefing on any Dispositive Motions. Curt H. Feig present as counsel for plaintiff(s). W. Blake Mikkelsen for Defendants Foat and McCoy Foat & Co. and J. Kurt Kraemer for Defendants Pate and Stockton, et al. Judge Marco A. Hernandez presiding. (jp) |
| Filing 27 Joint Status Report . Filed by Camico Mutual Insurance Company. (Feig, Curt) |
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Filing 26
ORDER: Granting in Part the Joint Motion for Extension of Discovery & PTO Deadlines #21 . All deadlines are extended to the date of the Rule 16 conference (8/31/2018). A new case schedule will be set at that time. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 25
Scheduling Order by Judge Marco A. Hernandez. A Rule 16 Telephone Conference is set for 8/31/2018 at 04:00PM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 24 Reply to Motion to Dismiss for Failure to State a Claim #16 Oral Argument requested. Filed by Amy Pate, Anthony Pate, Christy Stockton, Fred Stockton. (Kraemer, J.) |
| Filing 23 Amended Answer to #1 Complaint,, with Jury Demand , Counterclaim Camico Mutual Insurance Company. Filed by McCoy Foat & Company, CPAS, P.C., Mark Foat. (Mikkelsen, W.) |
| Filing 22 Answer to #17 Answer to Complaint,, Counterclaim, . Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 21 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 20 Response in Opposition to Motion to Dismiss for Failure to State a Claim #16 . Filed by Camico Mutual Insurance Company. (Feig, Curt) |
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Filing 19
ORDER: Finding as Moot the Motion for Extension of Time to Answer #15 filed by Defendants Fred Stockton, Christy Stockton, Amy Pate, Anthony Pate. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 18 Corporate Disclosure Statement . Filed by McCoy Foat & Company, CPAS, P.C.. (Farnell, Michael) |
| Filing 17 Answer to #1 Complaint,, with Jury Demand Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Counterclaim against Camico Mutual Insurance Company. Filed by McCoy Foat & Company, CPAS, P.C., Mark Foat. (Farnell, Michael) |
| Filing 16 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Fred Stockton, Christy Stockton, Amy Pate, Anthony Pate. (Kraemer, J.) |
| Filing 15 Unopposed Motion for Extension of Time to Answer Complaint. Expedited Hearing requested. Filed by Fred Stockton, Christy Stockton, Amy Pate, Anthony Pate. (Kraemer, J.) |
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Filing 14
ORDER: Granting Foat and McCoy Foat's Motion for Extension of Time to Answer #13 . Answer is due by 7/5/2018. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 13 Unopposed Motion for Extension of Time to Answer Complaint,, #1 . Filed by McCoy Foat & Company, CPAS, P.C., Mark Foat. (Farnell, Michael) |
| Filing 12 Waiver of Service of Summons Returned Executed by Amy Pate waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 11 Waiver of Service of Summons Returned Executed by Anthony Pate waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 10 Waiver of Service of Summons Returned Executed by Fred Stockton waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 9 Waiver of Service of Summons Returned Executed by Christy Stockton waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 8 Waiver of Service of Summons Returned Executed by Mark Foat waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 7 Waiver of Service of Summons Returned Executed by McCoy Foat & Company, CPAS, P.C. waiver sent on 4/25/2018. Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 6 Corporate Disclosure Statement . Filed by Camico Mutual Insurance Company. (Feig, Curt) |
| Filing 5 Notice to Counsel: Judge Hernandez expects the vast majority of civil cases in which all parties are represented by counsel, to be tried within 18 months of the date of filing. Additional information about case scheduling and guidelines for civil cases assigned to Judge Hernandez may be found on his page on the U.S. District Court for the District of Oregon website: https://ord.uscourts.gov/index.php/court-info/judges/judge-hernandez. (jp) |
| Filing 4 Notice re Complaint,, #1 Praecipe to Attach Exhibits 1-3 to Complaint Filed by Camico Mutual Insurance Company. (Related document(s): Complaint,, #1 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Feig, Curt) |
| Filing 3 Summons Issued Electronically as to All Defendants. 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. (ecp) |
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Filing 2
Notice of Case Assignment to Judge Marco A. Hernandez 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 8/21/2018. Joint Alternate Dispute Resolution Report is due by 9/20/2018. Pretrial Order is due by 9/20/2018. Ordered by Judge Marco A. Hernandez. (ecp)
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| Filing 1 Complaint. for Declaratory Judgment; Reformation Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5386327 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by CAMICO Mutual Insurance Company against Mark Foat, McCoy Foat, Amy Pate, Anthony Pate, Christy Stockton, Fred Stockton (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons McCoy Foat, #3 Proposed Summons Mark Foat, #4 Proposed Summons Amy Pate, #5 Proposed Summons Anthony Pate, #6 Proposed Summons Christy Stockton, #7 Proposed Summons Fred Stockton). (Feig, Curt) |
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