Davis v. Progressive Universal Insurance Company et al
| Therell Davis |
| Progressive Universal Insurance Company, Progressive Insurance Company, Progressive Insurance Corporation Inc., Progressive Casualty Insurance Company and Progressive Insurance Corporation, Inc. |
| 3:2020cv00947 |
| June 11, 2020 |
| US District Court for the District of Oregon |
| Jolie A Russo |
| Assault, Libel, and Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 48
STIPULATED JUDGMENT OF DISMISSAL: It is hereby Ordered and Adjudged that this case is Dismissed with prejudice and without fees or costs to any party. Signed on 12/17/21 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 47 Stipulated Proposed Form of Order Submitted General Judgment of Dismissal. Filed by All Defendants. (Beasley, Heather) |
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Filing 46
ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, it is Ordered that this action is Dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are Denied as Moot. Signed on 10/20/21 by Magistrate Judge Jolie A. Russo. (gm)
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Filing 45
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Joint Motion for Extension of Time #44 as follows: Dispositive Motions are due by 9/20/2021. Joint Alternate Dispute Resolution Report is due by 10/21/2021. Pretrial Order is due by 10/21/2021 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. No further extensions will be granted unless sufficient good cause is shown. (gm)
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| Filing 44 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by All Defendants. (Beasley, Heather) |
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Filing 43
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion for Extension of Time #42 as follows and as modified: Discovery is to be completed by 8/20/2021. Written consents, if any, should be submitted by 8/20/2021. Dispositive Motions are due by 8/20/2021. Joint Alternate Dispute Resolution Report is due by 9/21/2021. Pretrial Order is due by 9/21/2021 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. Counsel are reminded to include the judge's initials 'JR' following the case number on all future pleadings. (gm)
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| Filing 42 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Therell Davis. (Mandekor, Gretchen) |
| Filing 41 MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Rule 16 Conference held 4/12/21. The current case deadlines remain in place. Written consents, if any, should be submitted by 7/12/2021. Gretchen Mandekor present as counsel for plaintiff(s). Heather Beasley; Casie Collignon present as counsel for defendant(s). Court Reporter: (None). (gm) |
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Filing 40
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Extension of Time #39 as follows: Amend all pleadings and join all claims, remedies and parties deadline reset to 7/12/2021. Discovery is to be completed by 7/12/2021. Dispositive Motions are due by 7/12/2021. Joint Alternate Dispute Resolution Report is due by 8/9/2021. Pretrial Order is due by 8/9/2021 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. The Telephonic Rule 16 Conference presently set for 4/12/2021 at 1:30PM will remain as scheduled to further discuss any adjustments to these deadlines and to include additional deadlines as necessary. (gm)
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| Filing 39 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Therell Davis. (Mandekor, Gretchen) |
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Filing 38
ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 4/12/2021 at 1:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
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| Filing 37 Answer to Amended Complaint #26 . Filed by Progressive Insurance Company, Progressive Casualty Insurance Company, Progressive Universal Insurance Company, Progressive Insurance Corporation, Inc.. (Related document(s): Amended Complaint #26 .) (Collignon, Casie) |
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Filing 36
ORDER: Adopting the Magistrate's Findings and Recommendation #21 . Defendants' Motion to Dismiss #12 is Granted in Part and Denied in Part. Signed on 3/9/21 by Judge Marco A. Hernandez. (gm) Modified on 3/23/2021 to correct judge's name in docket text. NEF regenerated to the parties. (gm)
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| Filing 35 Notice of Unavailability Filed by Progressive Casualty Insurance Company, Progressive Insurance Company, Progressive Insurance Corporation, Inc., Progressive Universal Insurance Company. (Morrison, James) |
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Filing 34
ORDER: Granting Motion for Leave to File Reply in Support of Objections to Magistrate's Findings and Recommendations #32 . Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 33 Objections Reply in Support of Objections to Magistrate's to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #12 should be granted/denied #21 . Filed by All Defendants. (Beasley, Heather) |
| Filing 32 Unopposed Motion for Leave to File Reply in Support of Objections to Magistrate's Findings and Recommendations. Filed by All Defendants. (Beasley, Heather) |
| Filing 31 Response to Objections to Findings & Recommendation. Related document(s): #30 Objections to Findings & Recommendation. Filed by Therell Davis. (Mandekor, Gretchen) |
| Filing 30 Objections to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #12 should be granted/denied #21 . Filed by All Defendants. (Beasley, Heather) |
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Filing 29
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Stipulation (Motion) for Extension of Time #28 as follows: Defendants will have until two (2) weeks following the Court's final ruling on the pending Findings and Recommendations #21 to respond to Plaintiff's First Amended Complaint. (gm)
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| Filing 28 Unopposed Stipulation for Extension of Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint by All Defendants. Filed by All Defendants. (Beasley, Heather) |
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Filing 27
ORDER: Granting Motion for Extension of Time to File Objection to F & R #25 . Objections to the Findings and Recommendation are due by 11/10/2020. Ordered by Judge Marco A. Hernandez. (cw)
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| Filing 26 First Amended Complaint For Invasion of Privacy and Negligence. Filed by Therell Davis against Therell Davis. (Mandekor, Gretchen) |
| Filing 25 Motion for Extension of Time to Respond to the Magistrate's Findings and Recommendations Regarding Defendants' Motion to Dismiss. Filed by All Defendants. (Beasley, Heather) Modified on 10/28/2020, to correct motion type (cw). |
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Filing 24
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Extension of Time #23 as follows and as modified: Amend all pleadings and join all claims, remedies and parties by 4/12/2021. Discovery is to be completed by 4/12/2021. Dispositive Motions are due by 4/12/2021. Joint Alternate Dispute Resolution Report is due by 5/10/2021. Pretrial Order is due by 5/10/2021 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm)
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| Filing 23 Unopposed Motion for Extension of Time . Filed by Therell Davis. (Mandekor, Gretchen) |
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Filing 22
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #21 is referred to Judge Marco A. Hernandez for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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Filing 21
Findings & Recommendation: Progressive's Motion to Dismiss #12 should be denied as to plaintiff's claims for negligence and invasion of privacy - intrusion upon seclusion, and granted in all other respects. Progressive's request for oral argument is Denied as unnecessary. Any motion to amend the complaint must be filed within 14 days of the District Judge's order. Signed on 10/13/20 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 20 Reply to Motion to Dismiss for Failure to State a Claim #12 Oral Argument requested. Filed by All Defendants. (Beasley, Heather) |
| Filing 19 Notice of Change of Address. Filed by All Defendants. (Morrison, James) |
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Filing 18
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion (for Order) for Extension of Time #17 as follows: Reply to response to dispositive motion due by 10/2/2020. Order: Resetting Defendants' Rule 12 Motion to Dismiss #12 from 9/21/2020 to the under advisement calendar of 10/5/2020. (gm)
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| Filing 17 Stipulated Motion for Order Extending Time for Defendants to Reply to Plaintiff's Response to Defendants' Motion to Dismiss. Filed by All Defendants. (Beasley, Heather) |
| Filing 16 Response to Motion to Dismiss for Failure to State a Claim #12 . Filed by Therell Davis. (Mandekor, Gretchen) |
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Filing 15
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion for Extension of Time #14 as follows: Response to dismissal motion due by 9/4/2020. Reply to response to dismissal motion due by 9/18/2020. Order: Resetting Defendants' Rule 12 Motion to Dismiss #12 from 9/8/2020 to the under advisement calendar of 9/21/2020. (gm)
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| Filing 14 Stipulated Motion for Order Extending Time for Plaintiff to Respond to Motion to Dismiss. Filed by Therell Davis. (Mandekor, Gretchen) |
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Filing 13
ORDER issued by Magistrate Judge Jolie A. Russo Setting Defendants' Rule 12 Motion to Dismiss #12 on the under advisement calendar of 9/8/2020. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 12 Motion to Dismiss for Failure to State a Claim . Oral Argument requested.Expedited Hearing requested. Filed by All Defendants. (Beasley, Heather) |
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Filing 11
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Motion for Leave to Appear Pro Hac Vice #10 as to Attorney James R. Morrison. (gm)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James R. Morrison. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6976499 #10 : Reviewed and Ready for Ruling. (sss) |
| Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James R. Morrison. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6976499. Filed by All Defendants. (Morrison, James) |
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Filing 9
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Motion for Extension of Time #5 as follows: Answer deadline reset to 8/7/2020 for all defendants. (gm)
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Filing 8
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Motion for Leave to Appear Pro Hac Vice #7 as to Attorney Casie Collignon. (gm)
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| Filing 7 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Casie Collignon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6946633. Filed by Progressive Insurance Company, Progressive Casualty Insurance Company, Progressive Universal Insurance Company, Progressive Insurance Corporation, Inc.. (Attachments: #1 List of Court Admissions) (Collignon, Casie) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Casie Collignon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6946633 #7 : Reviewed and Ready for Ruling. (ecp) |
| Filing 6 Corporate Disclosure Statement . Filed by All Defendants. (Beasley, Heather) |
| Filing 5 Motion for Extension of Time to Answer Plaintiff's Complaint. Filed by All Defendants. (Beasley, Heather) |
| Filing 4 Affidavit of Service upon All Defendants (Attachments: #1 Attachment f, #2 Attachment, #3 Attachment) Filed by Therell Davis. (Mandekor, Gretchen) |
| 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. (jn) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Jolie A. Russo 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 10/13/2020. Joint Alternate Dispute Resolution Report is due by 11/9/2020. Pretrial Order is due by 11/9/2020. Ordered by Magistrate Judge Jolie A. Russo. (jn)
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| Filing 1 Complaint. For Invasion of Privacy, Defamation Per Se, Negligence, Negligence Per Se and Unfair Trade Practices Act Claims Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6830893 Jury Trial Requested: Yes. Filed by Therell Davis against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Mandekor, Gretchen) |
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