de Borja et al v. Razon et al
Makiling Farms, Inc. and Patrick R. de Borja |
John and/or Jane Does 1-20, Enrique R. Razon, Jr., ICTSI Oregon Inc. and International Container Terminal Services, Inc. |
Joshua L. Ross and Stoll Stoll Berne Lokting Shlachter PC |
3:2018cv01131 |
June 26, 2018 |
US District Court for the District of Oregon |
Portland (3) Office |
Youlee Yim You |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 134 OPINION AND ORDER: The September 30, 2020 Opinion and Order (ECF #102 ) is WITHDRAWN, defendants' motion for sanctions (ECF #73 ) is DENIED, and plaintiffs' motion for countersanctions (ECF #75 ) is DENIED. (See 35-page opinion for more information.) Signed on 12/21/2021 by Magistrate Judge Youlee Yim You. (dsg) |
Filing 133 Notice Notice of Supplemental Authority Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Attachments: #1 Exhibit) (Hernandez, Roman) |
Filing 132 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED oral argument held via teleconference on 11/3/21 before Judge Youlee Yim You, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/23/2021. Redaction Request due 12/7/2021. Redacted Transcript Deadline set for 12/17/2021. Release of Transcript Restriction set for 2/14/2022. (Humiston, Kellie) |
Filing 131 MINUTES of Proceedings: Telephonic Oral Argument Hearing held on 11/03/2021 regarding Motion for Imposition of Sanctions #73 . Walter J. Scott and Joshua L. Ross present as counsel for plaintiffs. Ramon D. Hernandez and Emily Anne Reber present as counsel for defendants. Peter R. Jarvis present as counsel for Interested Parties, Joshua L. Ross and Stoll Stoll Berne Lokting Shlachter PC. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh) |
Filing 130 Scheduling Order: SETTING Telephonic Oral Argument for Wednesday, November 3, 2021, at 1:30PM before Magistrate Judge Youlee Yim You regarding Motion for Imposition of Sanctions #73 . Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 129 Sur-Response Defendants' Response to Plaintiffs' Response to Defendants' June 2021 Briefing to Motion for Imposition of Sanctions and Memorandum in Support #73 . Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 128 Declaration of Walter Scott . Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Sur-Response to Motion, #127 .) (Barnard, Nellie) |
Filing 127 Sur-Response to June 2021 Briefing to Motion for Imposition of Sanctions and Memorandum in Support #73 Oral Argument requested. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Attachments: #1 Exhibit A) (Barnard, Nellie) |
Filing 126 ORDER: The court grants supplemental briefing as follows: Plaintiffs and their counsels' submission are due by July 30, 2021. Defendants' submission is due by August 20, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 125 Declaration of Ramon S. Esguerra Declaration of Ramon S. Esguerra in Support of Defendants' Motion for Sanctions. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response to Motion, #124 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (Hernandez, Roman) |
Filing 124 Response Defendants' Response to Mr. Joshua Ross and Stoll Stoll Berne & Shlachter P.C.'s April 2021 Supplemental Sanctions Briefing 's. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 123 Supplement "Joinder In April 2021 Supplemental Sanctions Briefing". Filed by Makiling Farms, Inc., Patrick R. de Borja. (Related document(s): Supplement #116 .) (Ross, Joshua) |
Filing 122 Declaration of Jeffrey C. Dobbins re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Jarvis, Peter) |
Filing 121 Declaration of Peter Jarvis re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Jarvis, Peter) |
Filing 120 Declaration of Rico V. Domingo, Esq. re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Jarvis, Peter) |
Filing 119 Second Declaration of Patrick De Borja re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Jarvis, Peter) |
Filing 118 Declaration of Walter J. Scott re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Jarvis, Peter) |
Filing 117 Declaration of Joshua Ross re Supplemental Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Related document(s): Supplement #116 .) (Jarvis, Peter) |
Filing 116 Supplement Sanction Briefing. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Jarvis, Peter) |
Filing 115 Scheduling Order: The Court adopts the parties' proposed supplemental briefing schedule. Supplemental briefing and materials on behalf of Plaintiffs (and Mr. Ross and the Stoll Berne law firm) shall be filed by April 28, 2021. Defendants' response shall be filed by June 16, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 114 MINUTES of Proceedings: Telephonic Rule 16 Conference held on 3/30/2021. As stated on the record, the Court will allow further briefing from the parties. The parties shall confer and propose a briefing schedule. Walter J. Scott Jr. and Joshua L. Ross present as counsel for plaintiffs. Roman D. Hernandez and Emily Anne Reber present as counsel for defendants. Peter R. Jarvis and Nellie Q. Barnard present for interested parties. Court Reporter: FTR - 12B. Magistrate Judge Youlee Yim You presiding. (pvh) |
Filing 113 Scheduling Order: SETTING a Telephonic Rule 16 Conference for Tuesday, 3/30/2021 at 09:00AM before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 112 Order from USCA for the 9th Circuit, USCA # 19-35905 re Notice of Appeal #94 . Defendants-Appellees' Motion for Attorneys' Fees on Appeal (Docket Entry No. 31) is DENIED.(jtj) Modified on 1/21/2021 to add order text to entry (jtj). |
Filing 111 Order from USCA for the 9th Circuit, USCA # 19-35905 re Notice of Appeal #94 . The appellants' unopposed motion (Docket Entry No. 35) to intervene and for leave to oppose Appellees' motion for attorney fees is granted. The proposed opposition, attached as an exhibit to the current motion, may be filed. (jtj) |
Filing 110 MANDATE Issued regarding ( #108 USCA Memorandum for the 9th Circuit, USCA #19-35905, re Notice of Appeal #94 . The decision of the District Court is: AFFIRMED. ) (jtj) |
Filing 109 Order from USCA for the 9th Circuit, USCA # 19-35905 re Notice of Appeal #94 . The appellants' unopposed motion (Docket Entry No. 32) for an extension of time in which to file to file an opposition to the Appellees' motion for attorney fees is granted. The opposition is due December 11, 2020. (jtj) |
Filing 108 USCA Memorandum for the 9th Circuit, USCA #19-35905, re Notice of Appeal #94 . The decision of the District Court is: AFFIRMED. (Attachments: #1 Post Judgment Form) (jtj) |
Filing 107 Notice of Appearance of Peter R. Jarvis appearing on behalf of Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC Filed by on behalf of Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Jarvis, Peter) |
Filing 106 Order from USCA for the 9th Circuit, USCA # 19-35905 re Notice of Appeal #94 . The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted without oral argument on October 28, 2020, in Portland, Oregon. Fed. R. App. P. 34(a)(2). (jtj) |
Filing 105 ORDER: Motion for Extension of Time #104 is granted. Deadline to file objections to September 30, 2020 Order is extended to 30 days after Court's ruling following further hearing on motion for sanctions #73 . Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 104 Motion for Extension of Time to File Objections. Filed by Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Barnard, Nellie) |
Filing 103 Notice of Appearance of Nellie Q. Barnard appearing on behalf of Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC Filed by on behalf of Joshua L. Ross, Stoll Stoll Berne Lokting Shlachter PC. (Barnard, Nellie) |
Filing 102 WITHDRAWN OPINION AND ORDER: With respect to defendants' motion for sanctions (ECF #73 ), the court finds the complaint is legally and factually baseless from an objective perspective for lack of subject matter jurisdiction and no reasonable and competent inquiry was made into subject matter jurisdiction. The court further orders a hearing to resolve the question of whether it should exercise its discretion to award sanctions pursuant to Rule 11 and whether counsel acted in bad faith for purposes of 28 U.S.C. 1927. Plaintiffs' motion for countersanctions (ECF #75 ) is denied. IT IS SO ORDERED. Signed on 9/30/2020 by Magistrate Judge Youlee Yim You. (pvh) Modified on 12/21/2021 (dsg). |
Filing 101 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Hearing held on 8/26/2020 before Judge Youlee Yim You, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/10/2020. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (White, Ryan) |
Filing 100 MINUTES of Proceedings: Telephonic Hearing held on 8/26/2020. Walter J. Scott Jr. and Joshua L. Ross present as counsel for plaintiffs. Roman D. Hernandez and Emily Anne Reber present as counsel for defendants. Court Reporter: Ryan White. Magistrate Judge Youlee Yim You presiding. (pvh) |
Filing 99 Scheduling Order: SETTING a Telephonic Hearing for Wednesday, 8/26/2020 at 09:00AM before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 98 Notice of Attorney Withdrawal: Justin S. Nahama Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 97 Notice Notice of Change of Firm Name Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 96 Notice of Appellants' Notice Re: Transcripts Filed by All Plaintiffs. (Ross, Joshua) |
USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #94 . Case Appealed to 9th Circuit Court of Appeals Case Number 19-35905 assigned. (jtj) |
Filing 95 Supplement Defendants' Supplemental Brief In Response to Court's Order. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Order,,, 92 .) (Hernandez, Roman) |
Filing 94 Notice of Appeal to the 9th Circuit from Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion - Miscellaneous,, Order on motion for extension of time to file Response/Reply,, Order on motion to strike,,,,,, Order on Findings & Recommendation,, Order on Motion to Dismiss/Lack of Jurisdiction, #90 , Judgment,, #91 Filing fee $505 collected; Agency Tracking ID 0979-6056955: . Filed by All Plaintiffs. (Attachments: #1 Attachment Representation Statement) (Ross, Joshua) |
Filing 93 Supplement Plaintiffs' Requested Supplemental Brief. Filed by All Plaintiffs. (Related document(s): Order,,, 92 .) (Ross, Joshua) |
Filing 92 ORDER: Requesting supplemental briefing. As the parties are aware, the court found it unnecessary to use its resources to decide certain issues (including matters of subject matter jurisdiction, personal jurisdiction, and the statutes of limitations/prescription periods) for purposes of resolving defendants' motion to dismiss, which it granted under forum non conveniens. Given that, the court requests supplemental briefing on whether it would be an abuse of discretion for the court to decline to reach those issues for the purpose of determining whether to impose sanctions and base its determination on defendants' other arguments. Supplemental briefing is limited to five pages and is due by October 30, 2019. Ordered by Magistrate Judge Youlee Yim You. (nl) Modified deadline on 10/9/2019 (pvh). |
Filing 91 JUDGMENT. Based upon the Order of the Court #90 adopting Judge You's Findings and Recommendation #83 , it is ordered and adjudged that Plaintiff's Motion to Strike the Declaration of Defendants' Legal Expert #49 is DENIED; that Defendants' Motion to Dismiss #27 is GRANTED under the doctrine of forum non conveniens; and that all remaining motions are DENIED as moot ( #31 , #35 , #47 , #48 ). This case is dismissed without prejudice. Signed on 9/25/2019 by Chief Judge Michael W. Mosman. (pvh) Modified filed date on 9/26/2019 from 9/26/2019 to 9/25/2019 (date of signature) (pvh). |
Filing 90 OPINION AND ORDER. Upon review, I agree with Judge You's order and I DENY Plaintiff's Motion to Strike the Declaration of Defendants' Legal Expert #49 ; I GRANT Defendants' Motion to Dismiss #27 under the doctrine of forum non conveniens; and I DENY all remaining motions as moot ( #31 , #35 , #47 , #48 ). This case is DISMISSED without prejudice. IT IS SO ORDERED. Signed on 9/25/2019 by Chief Judge Michael W. Mosman. (pvh) |
Filing 89 Response to Objections to Findings & Recommendation. Defendants' Response to Plaintiffs' Objections to Magistrate Judge You's Findings and Recommendations Related document(s): #88 Objections to Findings & Recommendation, #83 Findings & Recommendation,,,. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 88 Objections to Findings & Recommendation: Motion And Memorandum of Points And Authorities In Support of Plaintiffs' Motion To Conduct Jurisdiction-Related Discovery And Motion for Extension of Time to File a Response/Reply to Motion to D #83 Oral Argument requested. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 87 Notice of Attorney Withdrawal: of Attorney Matthew J. Hrutkay Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 86 ORDER: GRANTING Plaintiffs' Unopposed Motion for Extension of Time #85 . The deadline for Plaintiffs' objections to the F&R #83 is extended from 8/30/2019 to 9/9/2019. 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. Ordered by Judge Michael W. Mosman. (dls) |
Filing 85 Unopposed Motion for Extension of Time to File an Objection to Magistrate's Findings and Recommendations to #83 . Filed by All Plaintiffs. (Attachments: #1 Proposed Order) (Scott, Walter) |
Filing 84 ORDER: referring Findings & Recommendations #83 , Foreign Defendants' Motion to Dismiss #27 , Defendant ICTSI Oregon Inc.'s Motion to Dismiss #31 , Plaintiffs' Motion for Jurisdiction Related Discovery #35 , Plaintiffs' Motion to Strike #47 , Plaintiffs' Motion to Strike #48 , and Plaintiffs' Motion to Strike #49 , to Chief Judge Michael W. Mosman for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 83 Findings & Recommendations: Plaintiffs' motion to strike the declaration of defendants' legal expert (ECF #49 ) should be denied. Foreign defendants' motion to dismiss (ECF #27 ) should be granted under the doctrine of forum non conveniens, and this case should be dismissed without prejudice. The remaining motions (ECF # #31 , #35 , #47 - #48 ) should be denied as moot. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Friday, August 30, 2019. If no objections are filed, 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. Signed on 8/16/2019 by Magistrate Judge Youlee Yim You. (pvh) |
Filing 82 Declaration of Emily A. Reber In Support of Defendants' Motion for Sanctions. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Reply to Motion #81 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hernandez, Roman) |
Filing 81 Reply to Motion for Imposition of Sanctions and Memorandum in Support #73 . Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 80 Supplemental Declaration of Ramon S. Esguerra In Support of Defendants' Replies in Support of Motions to Dismiss. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Reply to Motion #79 , Reply to Motion #78 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Hernandez, Roman) |
Filing 79 Reply to Motion to Dismiss for Lack of Jurisdiction #27 . Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 78 Reply to Motion to Dismiss for Failure to State a Claim #31 . Filed by ICTSI Oregon Inc.. (Hernandez, Roman) |
Filing 77 Declaration of Joshua L. Ross in Support of Plaintiffs' Response in Opposition to Defendants' Motion for Sanctions. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #75 .) (Scott, Walter) |
Filing 76 Declaration of Walter J. Scott, Jr. in Support of Plaintiffs' Response in Opposition to Defendants' Motion for Sanctions. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #75 .) (Attachments: #1 Exhibit 1) (Scott, Walter) |
Filing 75 Response in Opposition to Motion for Imposition of Sanctions and Memorandum in Support #73 . Filed by All Plaintiffs. (Scott, Walter) |
Filing 74 Declaration of Roman D. Hernandez in Support of Defendants' Motion for Sanctions. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Motion for Imposition of Sanctions #73 .) (Attachments: #1 Exhibit A to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #2 Exhibit B to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #3 Exhibit C to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #4 Exhibit D to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #5 Exhibit E to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #6 Exhibit F to the Declaration of Hernandez in support of Defendants' Motion for Sanctions, #7 Exhibit G to the Declaration of Hernandez in support of Defendants' Motion for Sanctions) (Hernandez, Roman) |
Filing 73 Motion for Imposition of Sanctions and Memorandum in Support. Oral Argument requested. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 72 Reply to Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Elvis J. Ganda Declaration, #30 #48 , Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Rafael D. Consing, Jr. Declaration, #29 #47 , Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Ramon S. Esguerra Declaration, #32 #49 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 71 ORDER. Plaintiffs' unopposed motion for extension of page limits and opposed motion for leave to file joint memorandum (ECF #41 ) are granted. IT IS SO ORDERED. Signed on 2/20/2019 by Magistrate Judge Youlee Yim You. (pvh) |
Filing 70 Corrected Response in Opposition to Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Elvis J. Ganda Declaration, #30 #48 . Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 69 Notice re Response in Opposition to Motion, #63 Notice of Errata re Docket 63 (Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Elvis J. Ganda Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #63 .) (Hernandez, Roman) |
Filing 68 Declaration of Roman D. Hernandez in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Ramon S. Esguerra. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #66 .) (Attachments: #1 Exhibit A to Declaration of Hernandez in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Esguerra, #2 Exhibit B to Declaration of Hernandez in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Esguerra, #3 Exhibit C to Declaration of Hernandez in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Esguerra, #4 Exhibit D to Declaration of Hernandez in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Esguerra) (Hernandez, Roman) |
Filing 67 Declaration of Matthew J. Hrutkay in Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Esguerra. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #66 .) (Attachments: #1 Exhibit A to Hrutkay Declaration in support of Defendants' Opposition to Plaintiffs' Motion to Strike) (Hernandez, Roman) |
Filing 66 Response in Opposition to Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Ramon S. Esguerra Declaration, #32 #49 . Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 65 Supplemental Declaration of Elvis J. Ganda in Support of Defendants' Opposition to Plaintiffs' Motion to Strike. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #63 .) (Hernandez, Roman) |
Filing 64 Declaration of Matthew Hrutkay in Support of Opposition to Plaintiffs' Motion to Strike Declaration of Ganda. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #63 .) (Attachments: #1 Exhibit A to Declaration of Hrutkay in Support of Opposition to Plaintiffs' Motion to Strike) (Hernandez, Roman) |
Filing 63 Response in Opposition to Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Elvis J. Ganda Declaration, #30 #48 . Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 62 Supplemental Declaration of Rafael D. Consing, Jr. in Support of Defendants' Opposition to Plaintiffs' Motion to Strike. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #60 .) (Hernandez, Roman) |
Filing 61 Declaration of Matthew Hrutkay In Support of Defendants' Opposition to Plaintiffs' Motion to Strike Declaration of Rafael D. Consing, Jr.. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #60 .) (Attachments: #1 Exhibit A to Declaration of Hrutkay) (Hernandez, Roman) |
Filing 60 Response in Opposition to Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Rafael D. Consing, Jr. Declaration, #29 #47 . Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 59 ORDER: Granting Motion for Extension of Time #57 . Defendants replies to motions to dismiss #27 and #31 are due by 3/20/2019. Ordered by Magistrate Judge Youlee Yim You. (nl) |
Filing 58 ORDER: Withdrawing Order 51 as improvidently granted in that the court should have provided defendants with an opportunity to respond to the opposed motion. Now that defendants have responded #52 to the motion and plaintiffs have replied #55 , the court takes the motion #41 under advisement as of 2/8/2019. Ordered by Magistrate Judge Youlee Yim You. (nl) |
Filing 57 Unopposed Motion for Extension of Time to File a Response/Reply Briefs in Support of Motions to Dismiss to Motion to Dismiss for Lack of Jurisdiction #27 , Motion to Dismiss for Failure to State a Claim #31 , Motion for Reconsideration #52 . Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 56 Declaration of Walter J. Scott, Jr. . Filed by All Plaintiffs. (Related document(s): Reply to Motion, #55 .) (Attachments: #1 Exhibit A) (Ross, Joshua) |
Filing 55 Reply to Unopposed Motion to File Excess Pages re Motion to Dismiss/Lack of Jurisdiction #27 , Motion to Dismiss for Failure to State a Claim #31 Motion for Leave To File Joint Memorandum of Points and Authorities In Support of Plaintiffs' Response to Defendants' Motions to Dismiss #41 , Motion for Reconsideration #52 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 54 ORDER: By Order of the Court, the 2/7/2019 Telephonic Oral Argument is STRICKEN and will be reset to a future date in due course. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 53 Declaration of Roman D. Hernandez In Support of Defendants' Opposition to Plaintiffs' Motion for Extension of Page Limits and Request for Reconsideration of Order. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion,, #52 .) (Attachments: #1 Exhibit A to Decl of Hernandez ISO Defendants' Opposition to Plaintiffs' Motion for Extension of Page Limits and Request for Reconsideration of Order, #2 Exhibit B to Decl of Hernandez ISO Defendants' Opposition to Plaintiffs' Motion for Extension of Page Limits and Request for Reconsideration of Order, #3 Exhibit C to Decl of Hernandez ISO Defendants' Opposition to Plaintiffs' Motion for Extension of Page Limits and Request for Reconsideration of Order) (Hernandez, Roman) |
Filing 52 Response in Opposition to Plaintiffs' Motion for Extension of Page Limits and Request for Reconsideration of Order to Unopposed Motion to File Excess Pages re Motion to Dismiss/Lack of Jurisdiction #27 , Motion to Dismiss for Failure to State a Claim #31 Motion for Leave To File Joint Memorandum of Points and Authorities In Support of Plaintiffs' Response to Defendants' Motions to Dismiss #41 Oral Argument requested. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) Modified on 2/5/2019 (pvh). |
Filing 51 Withdrawn ORDER: Plaintiffs' (Unopposed) Motion for Extension of Page Limits and (Opposed) Motion for Leave to File Joint Memorandum of Points and Authorities in Support of Plaintiffs' Response to Defendants' Motions to Dismiss #41 is GRANTED. Ordered by Magistrate Judge Youlee Yim You. (pvh) Modified on 2/8/2019 pursuant to Order 58 (nl). |
Filing 50 Declaration of Walter J. Scott in Support of Plaintiff's Response to Defendants' Motion to Dismiss, Carrying. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #42 .) (Attachments: #1 Exhibit RP-A, #2 Exhibit RP-B, #3 Exhibit RP-C, #4 Exhibit RP-D, #5 Exhibit RP-E, #6 Exhibit RP-F, #7 Exhibit RP-G, #8 Exhibit RP-H, #9 Exhibit RP-I, #10 Exhibit RP-J, #11 Exhibit RP-K, #12 Exhibit RP-L, #13 Exhibit RP-M, #14 Exhibit RP-N, #15 Exhibit RP-O, #16 Exhibit RP-P, #17 Exhibit RP-Q, #18 Exhibit RP-R, #19 Exhibit RP-S, #20 Exhibit RP-T, #21 Exhibit RP-U, #22 Exhibit RP-V, #23 Exhibit RP-W, #24 Exhibit RP-X, #25 Exhibit RP-Y, #26 Exhibit RP-Z, #27 Exhibit RP-AA, #28 Exhibit RP-BB, #29 Exhibit RP-CC, #30 Exhibit RP-DD, #31 Exhibit RP-EE, #32 Exhibit PR-A, #33 Exhibit PR-B, #34 Exhibit PR-C, #35 Exhibit PR-D, #36 Exhibit PR-E, #37 Exhibit PR-F, #38 Exhibit PR-G, #39 Exhibit PR-H, #40 Exhibit PR-I, #41 Exhibit PR-J, #42 Exhibit PR-K, #43 Exhibit PR-L, #44 Exhibit PR-M, #45 Exhibit PR-N, #46 Exhibit PR-O, #47 Exhibit PR-P, #48 Exhibit W-A, #49 Exhibit W-B, #50 Exhibit W-C, #51 Exhibit W-D, #52 Exhibit W-E, #53 Exhibit W-F, #54 Exhibit W-G, #55 Exhibit W-H, #56 Exhibit W-I, #57 Exhibit W-J-1, #58 Exhibit W-J-2, #59 Exhibit W-K) (Scott, Walter) |
Filing 49 Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Ramon S. Esguerra Declaration, #32 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 48 Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Elvis J. Ganda Declaration, #30 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 47 Motion to Strike And Memorandum of Points And Authorities In Support of Its Motion To Strike Rafael D. Consing, Jr. Declaration, #29 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 46 Declaration of Walter J. Scott, Jr. In Support of Plaintiffs' Response To Defendants' Motions To Dismiss, Rule 56(f) Discovery. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #42 .) (Ross, Joshua) |
Filing 45 Declaration of Alfredo de Borja In Support of Plaintiffs' Response to Defendants' Motions to Dismiss. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #42 .) (Ross, Joshua) |
Filing 44 Declaration of Patrick R. de Borja . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #42 .) (Attachments: #1 Attachment PRB-A, #2 Attachment PRB-B) (Ross, Joshua) |
Filing 43 Declaration of Justice Jose Armando R. Melo . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #42 .) (Ross, Joshua) |
Filing 42 Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim #31 , Motion to Dismiss for Lack of Jurisdiction #27 . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 41 Unopposed Motion to File Excess Pages re Motion to Dismiss/Lack of Jurisdiction #27 , Motion to Dismiss for Failure to State a Claim #31 , Motion for Leave To File Joint Memorandum of Points and Authorities In Support of Plaintiffs' Response to Defendants' Motions to Dismiss. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 40 Notice of Appearance of Emily Anne Reber appearing on behalf of ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr Filed by on behalf of ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Reber, Emily) |
Filing 39 Scheduling Order: SETTING Telephonic Oral Argument for Thursday, 2/7/2019 at 09:00AM (by telephone) before Magistrate Judge Youlee Yim You regarding Motion to Dismiss for Lack of Jurisdiction #27 and Motion to Dismiss for Failure to State a Claim #31 . Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 38 Reply to Motion And Memorandum of Points And Authorities In Support of Plaintiffs' Motion To Conduct Jurisdiction-Related Discovery And Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #31 , Motion to Dismiss for Lack of Jurisdiction #27 #35 Oral Argument requested. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 37 Declaration of Roman D. Hernandez in Support of Defendants' Opposition to Plaintiff's Motion for Jurisdictional Discovery. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Response in Opposition to Motion, #36 .) (Attachments: #1 Exhibit A to Decl of Hernandez ISO Opposition to Plaintiff's Motion for Jurisdictional Discovery) (Hernandez, Roman) |
Filing 36 Response in Opposition to Motion And Memorandum of Points And Authorities In Support of Plaintiffs' Motion To Conduct Jurisdiction-Related Discovery And Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #31 , Motion to Dismiss for Lack of Jurisdiction #27 #35 . Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 35 Motion And Memorandum of Points And Authorities In Support of Plaintiffs' Motion To Conduct Jurisdiction-Related Discovery And, Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #31 , Motion to Dismiss for Lack of Jurisdiction #27 . Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Attachment RP-1, #4 Attachment RP-2, #5 Attachment D-1, #6 Attachment D-2, #7 Attachment D-3) (Ross, Joshua) |
Filing 34 ORDER: Plaintiffs' Unopposed Motion for Extension of Time #33 is GRANTED. Plaintiffs' Responses to Motion to Dismiss for Lack of Jurisdiction #27 and Motion to Dismiss for Failure to State a Claim #31 are due by 2/4/2019. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 33 Unopposed Motion for Extension of Time . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 32 Declaration of Ramon S. Esguerra In Support of Defendants' Motion to Dismiss. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #27 , Motion to Dismiss for Failure to State a Claim #31 .) (Hernandez, Roman) |
Filing 31 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by ICTSI Oregon Inc.. (Hernandez, Roman) |
Filing 30 Declaration of Elvis J. Ganda In Support of Defendants' Motion to Dismiss. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #27 .) (Hernandez, Roman) |
Filing 29 Declaration of Rafael D. Consing, Jr. In Support of Defendants' Motion to Dismiss. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #27 .) (Hernandez, Roman) |
Filing 28 Declaration of Enrique K. Razon, Jr. In Support of Defendants' Motion to Dismiss. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #27 .) (Hernandez, Roman) |
Filing 27 Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 26 Affidavit of Service upon ICTSI Oregon Inc. served on 9/12/2018 Filed by All Plaintiffs. (Ross, Joshua) |
Filing 25 Acceptance/Acknowledgement of Service of Summons Issued, #4 , Corporate Disclosure Statement #2 , Discovery order, #3 , Complaint,, #1 on International Container Terminal Services, Inc. served on 10/8/2018; Enrique R. Razon, Jr served on 10/8/2018 Filed by All Plaintiffs. (Ross, Joshua) |
Filing 24 Notification of CM/ECF Account for Justin Scott Nahama (Pro Hac Vice admission). Your login is: jsnahama. Go to #the CM/ECF login page to set your password. (ecp) |
Filing 23 ORDER: Granting Application for Special Admission Pro Hac Vice of Justin Scott Nahama for ICTSI Oregon Inc., International Container Terminal Services, Inc., and Enrique R. Razon, Jr. Application Fee in amount of $300 collected. Receipt No. 0979-5582783 issued. Signed on 10/9/2018 by Magistrate Judge Youlee Yim You. (ecp) |
Filing 22 ORDER: Granting Application for Special Admission Pro Hac Vice of Matthew J. Hrutkay for ICTSI Oregon Inc., International Container Terminal Services, Inc.,and Enrique R. Razon, Jr. Application Fee in amount of $300 collected. Receipt No. 0979-5582760 issued. Signed on 10/9/2018 by Magistrate Judge Youlee Yim You. (ecp) |
Filing 21 Motion for Leave to Appear Pro Hac Vice for Attorney Justin Nahama . Filing fee in the amount of $300 collected; Receipt No.: 0979-5582783. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 20 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew Hrutkay . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5582760. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 19 ORDER: Defendants' Motion for Extension of Time and Page Limits #16 is granted. The responsive pleadings shall be filed by Monday, December 3, 2018, and may not exceed 50 pages. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
Filing 18 Corporate Disclosure Statement of Defendant ICTSI Oregon, Inc.. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 17 Corporate Disclosure Statement of Defendant International Container Terminal Services, Inc.. Filed by ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. (Hernandez, Roman) |
Filing 16 Unopposed Motion for Extension of Time to Answer and Page Limits and Memorandum in Support. Filed by International Container Terminal Services, Inc., Enrique R. Razon, Jr, ICTSI Oregon Inc.. (Hernandez, Roman) |
Filing 15 ORDER: Plaintiffs' Amended Motion for Substitute Service and for Extension of Time Limit for Service (ECF #13 ) is granted in part and denied in part. Plaintiffs' previously filed motion (ECF #12 is moot. IT IS SO ORDERED. Signed on 9/24/2018 by Magistrate Judge Youlee Yim You. (pvh) |
Filing 14 Proposed Form of Order Submitted Proposed Order on Motion for Substituted Service and For Extension of Time Limit for Service. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 13 Amended Motion For Substitute Service And For Extension of Time Limit For Service. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 12 Motion for Substitute Service and for Extension of Time Limit for Service. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Ross, Joshua) |
Filing 11 Clerk's Notice of Mailing Pursuant to Federal Rule of Civil Procedure (FRCP) 4(f)(2)(C)(ii). The issued summons, complaint, and Discovery and Pretrial Scheduling Order was mailed to Enrique R. Razon, Jr.(Registered No. RH001253363US) and International Container Terminal Services, Inc.(Registered No. RH001253434US). (joha) Added Registered Numbers on 9/18/2018 (joha). |
Filing 10 Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-5461526. The request has been granted and the amount of $400.00 will be refunded to Esther Barnard Related Doc #6 Request for Refund of Fees Paid Electronically. (nd) |
Filing 9 ORDER: Granting Application for Special Admission Pro Hac Vice of Walter J. Scott, Jr for Makiling Farms, Inc.and Patrick R. de Borja. Application Fee in amount of $300 collected. Receipt No. 0979-5463107 issued. Signed on 7/2/2018 by Magistrate Judge Youlee Yim You. (ecp) |
Filing 8 Notification of CM/ECF Account for Walter J. Scott, Jr. (Pro Hac Vice admission). Your login is: wjscott. Go to #the CM/ECF login page to set your password. (ecp) |
Filing 7 Motion for Leave to Appear Pro Hac Vice for Attorney Walter J. Scott, Jr. . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5463107. Filed by All Plaintiffs. (Ross, Joshua) |
Filing 6 Request for Refund of Fees Paid Electronically regarding Refund Request Due, 5 . Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Ross, Joshua) |
Filing 5 A duplicate payment in the amount of $400.00 was submitted by Patrick R. de Borja in the above-referenced case. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court website. Refund Request is Due 7/9/2018. (ljp) |
Filing 4 Summons Issued Electronically as to ICTSI Oregon Inc., International Container Terminal Services, Inc., Enrique R. Razon, Jr. 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. (Attachments: #1 issued summons, #2 issued summons) (ecp) |
Filing 3 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 10/25/2018. Joint Alternate Dispute Resolution Report is due by 11/26/2018. Ordered by Magistrate Judge Youlee Yim You. (ecp) |
Filing 2 Corporate Disclosure Statement . Filed by All Plaintiffs. (Ross, Joshua) |
Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5461532 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Patrick R. de Borja, Makiling Farms, Inc. against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4-1, #6 Exhibit 4-2, #7 Exhibit 4-3, #8 Exhibit 4-4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, part 1, #14 Exhibit 9, part 2, #15 Exhibit 10, #16 Proposed Summons, #17 Proposed Summons, #18 Proposed Summons). (Ross, Joshua) |
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