Nue LLC v. Oregon Mutual Insurance Company
| Nue LLC doing business as Nue Seattle |
| Oregon Mutual Insurance Company |
| 3:2020cv01449 |
| August 25, 2020 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Marco A Hernandez |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #40 . Ordered by Judge Marco A. Hernandez. (jp)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian S. Birk. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7358178 #40 : Reviewed and Ready for Ruling. (ecp) |
| Filing 40 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian S. Birk. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7358178. Filed by Nue LLC. (Birk, Ian) |
| Filing 39 Notice re Motion to Dismiss for Failure to State a Claim #7 , Reply to Motion #22 Notice of SUPPLEMENTAL Authority in Support of Motion to Dismiss Filed by Oregon Mutual Insurance Company. (Related document(s): Motion to Dismiss for Failure to State a Claim #7 , Reply to Motion #22 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Stapley, R.) |
| Filing 38 Notice re Response to Motion #18 Notice of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss Filed by Nue LLC. (Related document(s): Response to Motion #18 .) (Williams-Derry, Amy) |
| Filing 37 MINUTES of Proceedings: Telephone Status Conference held. The Court discussed the status of the pending Motion to Consolidate #33 and Motion to Dismiss for Failure to State a Claim #7 . The Court further discussed the order in which the Court should decide the motions. The Court will contact the parties if it requires oral argument on either motion. Amy Williams-Derry present as counsel for plaintiff(s). R. Lind Stapley and Jay Beattie present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Marco A. Hernandez presiding. (jp) |
| Filing 36 Response in Opposition to Motion to Consolidate and for Appointment of Interim Co-Lead Counsel and Liaison CounselMotion for Appointment of Counsel #33 n requested. Filed by Oregon Mutual Insurance Company. (Stapley, R.) |
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Filing 35
Scheduling Order by Judge Marco A. Hernandez. A telephone conference to discuss case management in all three related cases is set for 9/16/2020 at 02:00PM 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 34 Notice of Appearance of Rachel A. Rubin appearing on behalf of Oregon Mutual Insurance Company Filed by on behalf of Oregon Mutual Insurance Company. (Rubin, Rachel) |
| Filing 33 Motion to Consolidate and for Appointment of Interim Co-Lead Counsel and Liaison Counsel. Filed by Nue LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Williams-Derry, Amy). |
| Filing 32 Notice of Appearance of Amy Williams-Derry appearing on behalf of Nue LLC Filed by on behalf of Nue LLC. (Williams-Derry, Amy) |
| Filing 31 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (eo) |
| Filing 30 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Western District of Washington. Our records indicate that you may not be admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer (#29 ). (eo) |
| Filing 29 Case transferred in from District of Washington Western; Case Number 2:20-cv-00676. Electronic file received. |
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Filing 28
ORDER GRANTING JOINT REQUEST TO TRANSFER ACTION TO THE DISTRICT OF OREGON re Parties' #27 Status Report. It is FURTHER ORDERED that upon transfer, this action shall be related to Dakota Ventures, LLC v. Oregon Mutual Ins. Co. (No. 3:20-cv-00630-HZ) (D. Or. Apr. 17, 2020), which is currently pending before the Hon. Marco Hernandez. Signed by Judge Robert S. Lasnik. (LH) [Transferred from Washington Western on 8/25/2020.]
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| Filing 27 Joint STATUS REPORT & Request to Transfer to the District Court of Oregon by Plaintiff Nue LLC (Attachments: #1 Proposed Order Granting Joint Request to Transfer to the District Court of Oregon)(Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 26 NOTICE of Supplemental Authority re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Oregon Mutual Insurance Company (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 25 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Nue LLC (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
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Filing 24
ORDER granting Plaintiff's #12 Motion to Stay: This matter is stayed in its entirety pending resolution of the MDL motion. IT IS FURTHER ORDERED that the parties shall file a joint status report notifying the Court of the resolution of the MDL motion within ten (10) days of the JPML's decision. Signed by Judge Robert S. Lasnik.(MW) [Transferred from Washington Western on 8/25/2020.]
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| Filing 23 AFFIDAVIT of Service of Summons and Complaint on Oregon Mutual Insurance Company on 5/7/2020, filed by Plaintiff Nue LLC. (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 22 REPLY, filed by Defendant Oregon Mutual Insurance Company, TO RESPONSE to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 21 REPLY, filed by Plaintiff Nue LLC, TO RESPONSE to #12 MOTION to Stay Proceedings Pending Ruling on JPML Consolidation and Transfer (Nanfelt, Nathan) [Transferred from Washington Western on 8/25/2020.] |
| Filing 20 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 5. (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 19 DECLARATION of Ian Birk filed by Plaintiff Nue LLC re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Birk, Ian) [Transferred from Washington Western on 8/25/2020.] |
| Filing 18 RESPONSE, by Plaintiff Nue LLC, to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Oral Argument Requested. (Attachments: #1 Proposed Order)(Birk, Ian) [Transferred from Washington Western on 8/25/2020.] |
| Filing 17 RESPONSE, by Defendant Oregon Mutual Insurance Company, to #12 MOTION to Stay Proceedings Pending Ruling on JPML Consolidation and Transfer. (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
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Filing 16
STIPULATED PROTECTIVE ORDER. Signed by Judge Robert S. Lasnik. (MW) [Transferred from Washington Western on 8/25/2020.]
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| Filing 15 PROPOSED ORDER (Unsigned) Stipulated Protective Order (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 14 MINUTE ORDER RE-NOTING #12 MOTION to Stay Proceedings Pending Ruling on JPML Consolidation and Transfer ; Noting Date 6/19/2020 (KERR) [Transferred from Washington Western on 8/25/2020.] |
| Filing 13 DECLARATION of Amy Williams-Derry filed by Plaintiff Nue LLC re #12 MOTION to Stay Proceedings Pending Ruling on JPML Consolidation and Transfer (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 12 MOTION to Stay Proceedings Pending Ruling on JPML Consolidation and Transfer, filed by Plaintiff Nue LLC. (Attachments: #1 Proposed Order) Noting Date 6/12/2020, (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
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Filing 11
ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Clarke Benbow Holland for Defendant Oregon Mutual Insurance Company, 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).(DS) [Transferred from Washington Western on 8/25/2020.]
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| Filing 10 APPLICATION OF ATTORNEY Clarke B. Holland FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Oregon Mutual Insurance Company (Fee Paid) Receipt No. AWAWDC-6372641 (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 9 NOTICE of Association of Attorney by Jay W Beattie on behalf of Defendant Oregon Mutual Insurance Company. (Beattie, Jay) [Transferred from Washington Western on 8/25/2020.] |
| Filing 8 DECLARATION of Lind Stapley filed by Defendant Oregon Mutual Insurance Company re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant Oregon Mutual Insurance Company. Noting Date 6/19/2020, (Stapley, R) [Transferred from Washington Western on 8/25/2020.] Modified on 8/25/2020 (jp). |
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 6/16/2020, by Judge Robert S. Lasnik. (KERR) [Transferred from Washington Western on 8/25/2020.]
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| Filing 5 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Oregon Mutual Insurance Company (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 4 NOTICE of Appearance by attorney R Lind Stapley on behalf of Defendant Oregon Mutual Insurance Company. (Stapley, R) [Transferred from Washington Western on 8/25/2020.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Nue LLC (Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
| Filing 2 Summons Electronically Issued as to defendant Oregon Mutual Insurance Company (CDA) [Transferred from Washington Western on 8/25/2020.] |
| Judge Robert S. Lasnik added. (CDA) [Transferred from Washington Western on 8/25/2020.] |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff must file a Corporate Disclosure Statement by 5/13/2020. (CDA) [Transferred from Washington Western on 8/25/2020.] |
| Filing 1 COMPLAINT CLASS ACTION against defendant(s) Oregon Mutual Insurance Company with JURY DEMAND (Receipt # AWAWDC-6315737), filed by NUE LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Williams-Derry, Amy) [Transferred from Washington Western on 8/25/2020.] |
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