Dooley v. Airbnb, Inc. et al
| Sherry Dooley |
| Airbnb, Inc. and Miguel Sandoval |
| 3:2020cv01537 |
| September 4, 2020 |
| US District Court for the District of Oregon |
| Anna J Brown |
| Personal Injury: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 17
ORDER by Judge Anna J. Brown. The Court will hold in abeyance Plaintiffs Motion #15 to Remand this matter until the Court has resolved the issue whether the stay in this case should be lifted. The briefing schedule for the filing of a motion to lift the stay as set out in the Courts Order 16 remains in effect. (bb)
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Filing 16
Order by Judge Anna J. Brown. The Court grants Plaintiff leave to file no later than 11/4/2020 a motion to lift the stay in this case with supporting legal authority. Defendants response to Plaintiffs motion is due no later than 11/18/2020. No further reply is permitted and the Court will take the motion under advisement on 11/18/2020. The Court, however, authorizes Plaintiff to pursue service of Summons and Complaint on Defendant Sandoval and to file with the Court proof on completion of such service. No other motion practice is allowed until the Court resolves the issue of the stay. (bb)
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| Filing 15 Proposed Motion For Remand. Filed by Sherry Dooley. (Attachments: #1 Attachment Att A, #2 Attachment Att B, #3 Attachment Att C, #4 Attachment Att D, #5 Attachment Att E) (Callahan, Robert) |
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Filing 14
ORDER: The Court GRANTS Plaintiffs Unopposed Motion #13 to Enlarge Time to Respond to Courts October 7, 2020 Minute Order. Pursuant to the Courts Order (#10) issued 10/7/2020, the Court again DIRECTS the parties after conferral to submit a joint email to Chambers_Brown@ord.uscourts.gov notifying the Court whether they are able to resolve the issue at hand. If the parties are unable to resolve how to proceed and Plaintiff wishes to pursue a motion to remand, the Court DIRECTS Plaintiff to file no later than 10/21/2020 a motion with supporting arguments and authority to lift the stay. Any newly-filed motion must contain a LR 7-1 conferral certification. Defendant AirBNBs response to Plaintiffs motion to lift the stay will be due no later than 11/4/2020. No further reply will be permitted, and the Court will take the matter under advisement on 11/4/2020. Ordered by Judge Anna J. Brown. (slm)
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| Filing 13 Motion . Filed by Sherry Dooley. (Attachments: #1 Attachment Declaration of RAC) (Callahan, Robert) |
| Filing 12 Summons Issued Electronically as to Miguel Sandoval. 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) |
| Filing 11 First Proposed Summons Filed by Sherry Dooley. (Callahan, Robert) |
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Filing 10
ORDER by Judge Anna J. Brown On 10/1/2020 Plaintiff filed a Motion #9 to Remand to State Court and for Attorney Fees and Just Costs. The district court requires a LR 7-1 Certification that the parties conferred before the filing of any motion. This Courts usual practice is to strike any motion that does not include such a certification, allow the parties to confer, and permit the party to re-file their motion. In this case, however, the Court notes on 9/25/2020 the parties filed a Stipulation #6 that Plaintiffs claim against AirBNB was subject to mandatory arbitration and requested the Court to stay this case pending completion of the arbitration. Accordingly, on 9/29/2020 the Court ordered this case STAYED (Order 8 ). Generally after a case is stayed the parties are not allowed to file any substantive motions with the Court. Accordingly, the Court STRIKES Plaintiffs Motion #9 to Remand. The basis of Plaintiffs Motion to Remand is the contention that the Court lacks subject-matter jurisdiction due to a lack of diversity of citizenship between Plaintiff and Defendant AirBNB. The Court also notes the docket does not reflect Defendant Sandoval has been served with Summons and Complaint in this matter. The Court, therefore, DIRECTS the parties to confer regarding Plaintiffs Motion to Remand in light of the current stay and the agreement of the parties that Plaintiffs claim is subject to mandatory arbitration. If the parties are able to resolve this issue, the Court DIRECTS the parties to submit a single joint email to Chambers_Brown@ord.uscourts.gov notifying the Court of their agreement. If the parties are unable to resolve how to proceed and Plaintiff wishes to pursue a Motion to Remand, the Court DIRECTS Plaintiff to file no later than 10/14/2020 a motion with supporting arguments and authority to lift the stay. Any newly-filed motion must contain a LR 7-1 conferral certification. Defendant AirBNBs response to Plaintiffs motion to lift the stay will be due no later than 10/28/2020. No further reply will be permitted, and the Court will take the matter under advisement on 10/28/2020. (bb)
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| Filing 9 Motion To Remand. Oral Argument requested. Filed by Sherry Dooley. (Attachments: #1 Supplement Memo of Law, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Callahan, Robert) |
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Filing 8
ORDER by Judge Anna J. Brown. The Court APPROVES the parties Stipulation #6 To Arbitrate Plaintiffs Claims Against Defendant AIRBNB, Inc. and GRANTS the Motion #6 to Stay Proceedings. The Court STAYS this case pending the outcome of the arbitration. The Court DIRECTS the parties to file a Joint Status Report upon completion of the arbitration or no later than 3/29/2021. (bb)
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| Filing 7 Notice of Appearance of Robert A Callahan appearing on behalf of Sherry Dooley Filed by on behalf of Sherry Dooley. (Callahan, Robert) |
| Filing 6 Stipulated Motion to Arbitrate Claims and Stay Pending Outcome. Filed by Airbnb, Inc.. (Benn, Klarice) |
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Filing 5
ORDER by Judge Anna J. Brown. The Court GRANTS Defendant Airbnb, Inc.s Unopposed Motion #4 for Extension of Time to File a Responsive Pleading to Plaintiffs Complaint. Defendant Airbnbs response to Plaintiffs Complaint is now due no later than 9/25/20. (bb)
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| Filing 4 Unopposed Motion for Extension of Time to Answer Complaint - Exhibit A to Notice of Removal, #1 . Filed by Airbnb, Inc.. (Benn, Klarice) |
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Filing 3
Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 1/4/2021. Joint Alternate Dispute Resolution Report is due by 2/1/2021. Pretrial Order is due by 2/1/2021. Ordered by Judge Anna J. Brown. (jn)
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| Filing 2 Corporate Disclosure Statement . Filed by Airbnb, Inc.. (Benn, Klarice) |
| Filing 1 Notice of Removal of Case Number 20CV17802 from Multnomah County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: AORDC-7198624 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Airbnb, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet). (Benn, Klarice) |
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