University Accounting Service, LLC v. Schulton et al
| University Accounting Service, LLC |
| ScholarChip Card, L.L.C. and Ethan Schulton |
| 3:2018cv01486 |
| August 10, 2018 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Youlee Yim You |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
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| Filing 52 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Conference Call held on September 7, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@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 9/26/2018. Redaction Request due 10/10/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/18/2018. (Apodaca, Dennis) |
| Filing 51 MINUTES OF TELEPHONE CONFERENCE: Order - Setting the briefing schedule on Plaintiff's Motion for Temporary Restraining Order and Order to Show Cause (ECF #8 ) as follows: (1) Plaintiff's supplemental briefing is due by 10/12/2018; (2) Defendants Ethan Schulton and ScholarChip Card's supplemental briefing is due by 10/26/2018; (3) Plaintiff's reply is due by 11/2/2018; and (4) the Oral Argument Hearing set for 9/24/2018 is STRICKEN and a Preliminary Injunction Hearing is set for 11/9/2018 at 9:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Allyson B. Baker and Ciaran Patrick Ahern Connelly present as counsel for Plaintiffs. Scott R. Ast present as counsel for Defendant Ethan Schulton. Stephen Nakamura and John C. Rothermich present as counsel for Defendant ScholarChip Card. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 50 Notification of CM/ECF Account for Stephen Nakamura (Pro Hac Vice admission). Your login is: snakamura. Go to #the CM/ECF login page to set your password. (ecp) |
Filing 49
ORDER: Granting Application for Special Admission Pro Hac Vice of Stephen Nakamura for ScholarChip Card, L.L.C.. Application Fee in amount of $300 collected. Receipt No. 0979-5542861 issued. Signed on 9/6/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 48 Motion for Leave to Appear Pro Hac Vice for Attorney Stephen Nakamura . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5542861. Filed by ScholarChip Card, L.L.C.. (Rothermich, John) |
| Filing 47 Response Attached is a letter to Hon. Michael Simon with Ex. 1 re Dkt 44. Filed by University Accounting Service, LLC. (Attachments: #1 Exhibit 1) (Connelly, Ciaran) |
| Filing 46 Waiver of Service of Summons Returned Executed by ScholarChip Card, L.L.C. waiver sent on 8/30/2018. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
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Filing 45
ORDER - Defendant ScholarChip Card, LLC's unopposed request for status conference, and unopposed motion for extension of time to file motion to transfer (ECF #44 ) is GRANTED. Defendant ScholarChip Card, LLC's motion to transfer is due by 9/14/2018. Order - Setting a Telephone Conference to discuss a briefing schedule for 9/7/2018 at 02:30PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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| Filing 44 Unopposed Motion for Extension of Time to File Motion to Transfer. Filed by ScholarChip Card, L.L.C.. (Attachments: #1 Exhibit Exhibit 1) (Rothermich, John) |
| Filing 43 Notice of Appearance of Stephen P. Yoshida appearing on behalf of Ethan Schulton Filed by on behalf of Ethan Schulton. (Yoshida, Stephen) |
| Filing 42 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Temporary Restraining Order Hearing held on 8/22/18 before Judge Michael H. Simon, 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 before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/30/2018. Redaction Request due 9/13/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/21/2018. (White, Ryan) |
| Filing 41 MINUTES OF HEARING: Witness Ethan Schulton sworn and examined. ORDER - Plaintiff's motion for Temporary Restraining Order (ECF #8 ) is DEFERRED until after Defendant ScholarChip Card, LLC's anticipated Motion to Transfer to E.D.N.Y. has been resolved, pursuant to the following schedule: (1) Motion to Transfer is due by 8/31/2018; (2) Plaintiff's Response is due by 9/12/2018; (3) Reply is due by 9/19/2018; and (4) Oral argument is set for 9/24/2018 at 01:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Allyson B. Baker, Ciaran Patrick Ahern, and Sameer P. Sheikh present as counsel for Plaintiff University Accounting Service, LLC. Stephen P. Yoshida present as counsel for Defendant Ethan Schulton. John C. Rothermich present as counsel for Defendant ScholarChip Card, LLC. Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) |
| Filing 40 Reply to Motion for Temporary Restraining Order #8 Oral Argument requested. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 39 Notification of CM/ECF Account for Scott R. Ast (Pro Hac Vice admission). Your login is: srast. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 38
ORDER: Granting Application for Special Admission Pro Hac Vice of Scott R. Ast for Ethan Schulton. Application Fee in amount of $300 collected. Receipt No. 0979-552331 issued. Signed on 8/21/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 37 Clerk's Notice of Docket Correction regarding #32 Response in Opposition to Motion. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. The original pdf document contained privileged information and has been replaced with a redacted pdf document. (cw) |
| Filing 36 Waiver of Service of Summons Returned Executed by Ethan Schulton waiver sent on 8/15/2018. Filed by Ethan Schulton. (Farrell, Michael) |
| Filing 35 Motion for Leave to Appear Pro Hac Vice for Attorney Scott R. Ast . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5523311. Filed by Ethan Schulton. (Farrell, Michael) |
| Filing 34 Declaration of Scott R. Ast in Oppositionn to Plaintiff's Motion for Temporary Restraining Order and Order to Show Cause. Filed by Ethan Schulton. (Related document(s): Response in Opposition to Motion #32 .) (Farrell, Michael) |
| Filing 33 Declaration of Ethan Schulton . Filed by Ethan Schulton. (Related document(s): Response in Opposition to Motion #32 .) (Farrell, Michael) |
| Filing 32 Response in Opposition to Motion for Temporary Restraining Order #8 Oral Argument requested. Filed by Ethan Schulton. (Farrell, Michael) (Main Document 32 replaced on 8/20/2018) (cw). |
| Filing 31 Corporate Disclosure Statement . Filed by ScholarChip Card, L.L.C.. (Rothermich, John) |
| Filing 30 Declaration of Maged Atiya . Filed by ScholarChip Card, L.L.C.. (Related document(s): Response in Opposition to Motion #27 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rothermich, John) |
| Filing 29 Declaration of Stephen Nakamura. Filed by ScholarChip Card, L.L.C.. (Related document(s): Response in Opposition to Motion #27 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Rothermich, John) |
| Filing 28 Declaration of John C. Rothermich . Filed by ScholarChip Card, L.L.C.. (Related document(s): Response in Opposition to Motion #27 .) (Rothermich, John) |
| Filing 27 Response in Opposition to Motion for Temporary Restraining Order #8 . Filed by ScholarChip Card, L.L.C.. (Rothermich, John) |
| Filing 26 Notification of CM/ECF Account for Sameer P. Sheikh (Pro Hac Vice admission). Your login is: spsheikh. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 25
ORDER: Granting Application for Special Admission Pro Hac Vice of Sameer P. Sheikh for University Accounting Service, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5519844 issued. Signed on 8/20/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 24 Notification of CM/ECF Account for Erin Z. Cass (Pro Hac Vice admission). Your login is: ezcass. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 23
ORDER: Granting Application for Special Admission Pro Hac Vice of Erin Z. Cass for University Accounting Service, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5519835 issued. Signed on 8/20/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 22 Notification of CM/ECF Account for Michael J. Marusak (Pro Hac Vice admission). Your login is: mjmarusak. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 21
ORDER: Granting Application for Special Admission Pro Hac Vice of Michael J. Marusak for University Accounting Service, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5519819 issued. Signed on 8/20/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 20 Motion for Leave to Appear Pro Hac Vice for Attorney Sameer P. Sheikh . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5519844. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 19 Motion for Leave to Appear Pro Hac Vice for Attorney Erin Zacuto Cass . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5519835. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 18 Motion for Leave to Appear Pro Hac Vice for Attorney Michael J. Marusak . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5519819. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 17 Declaration of Allyson Baker with exhibits, (DOCUMENT FILED UNDER SEAL). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by University Accounting Service, LLC. (Related document(s): Order on motion for protective order #15 .) (rs) |
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Filing 16
SCHEDULING ORDER - Not later than 5:00 p.m. Pacific time on August 15, 2018, Plaintiff shall provide by email to Defendants' counsel (or to Defendants directly, if not represented by counsel in this matter) PDF copies of all of Plaintiff's filings in this case plus this Scheduling Order. Defendants' response to Plaintiff's Motion for Temporary Restraining Order (ECF #8 ) is due by Monday, August 20, 2018, at 12 noon Pacific time. Plaintiff's reply is due by Tuesday, August 21, 2018, at 12 noon Pacific time. The Court will hold a hearing on this motion on Wednesday, August 22, 2018, at 2:30 P.M. Pacific time in Courtroom 15B before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (gm)
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Filing 15
ORDER Re Plaintiff's Motion to File First Baker Declaration and Exhibits Under Seal #11 . Signed on 8/15/2018 by Judge Michael H. Simon. (pvh)
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Filing 14
ORDER: referring Motion for Protective Order to Seal First Baker Declaration #11 and Declaration of Allyson Baker in support #12 to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 13
ORDER: referring Motion for Temporary Restraining Order #8 to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 12 Declaration of Allyson Baker in Support of Motion to Seal. Filed by University Accounting Service, LLC. (Related document(s): Motion for Protective Order #11 .) (Attachments: #1 Exhibit) (Connelly, Ciaran) |
| Filing 11 Motion for Protective Order to Seal First Baker Declaration. Filed by University Accounting Service, LLC. (Attachments: #1 Proposed Order) (Connelly, Ciaran) |
| Filing 10 Declaration of Joel Petersen in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by University Accounting Service, LLC. (Related document(s): Motion for Temporary Restraining Order #8 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Connelly, Ciaran) |
| Filing 9 Declaration of Allyson Baker in Support of Plaintiff's Motion for Temporary Restraining Order. Filed by University Accounting Service, LLC. (Related document(s): Motion for Temporary Restraining Order #8 .) (Connelly, Ciaran) |
| Filing 8 Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by University Accounting Service, LLC. (Attachments: #1 Proposed Order) (Connelly, Ciaran) |
| Filing 7 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. (Attachments: #1 issued summons) (ecp) |
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Filing 6
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 12/12/2018. Joint Alternate Dispute Resolution Report is due by 1/11/2019. Ordered by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 5 Notification of CM/ECF Account for Allyson B. Baker (Pro Hac Vice admission). Your login is: abbaker. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 4
ORDER: Granting Application for Special Admission Pro Hac Vice of Allyson B. Baker for University Accounting Service, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5515235 issued. Signed on 8/14/2018 by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 3 Motion for Leave to Appear Pro Hac Vice for Attorney Allyson B. Baker . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5515235. Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 2 Corporate Disclosure Statement . Filed by University Accounting Service, LLC. (Connelly, Ciaran) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5515225 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by University Accounting Service, LLC against ScholarChip Card, L.L.C., Ethan Schulton (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons). (Connelly, Ciaran) |
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