Burton v. Societe Air France
| Lynnette Burton |
| Societe Air France |
| 3:2020cv02001 |
| November 18, 2020 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Karin J Immergut |
| Airplane Personal Injury |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 MINUTES of Proceedings: Telephonic Status Conference. On January 4, 2021, Defendant Socit Air France ("Air France") submitted a letter to this Court, attached as Exhibit A, requesting a telephone conference to determine whether immediate dismissal of this action is appropriate based on lack of personal jurisdiction in light of this Court's decision in an essentially duplicative case, Burton v. Air France-KLM, 3:20-cv-01085-IM. Plaintiff did not submit any response. This Court held a telephone conference on January 13, 2021. The Court addressed whether this action should be immediately dismissed because it concerns the same incident and essentially the same defendant as a prior action before this Court, Burton v. Air France-KLM, 3:20-cv-01085-IM, which this Court dismissed pursuant to defendants motion for lack of personal jurisdiction on December 7, 2020. ECF 18. Rather than addressing personal jurisdiction issues in that case, Plaintiff filed a duplicative action concerning the same incident against essentially the same defendant, before this Court had reached its decision on defendant's pending motion to dismiss. At the telephone conference, Plaintiff's counsel conceded that this Court lacks personal jurisdiction in this matter for the reasons stated in this Court's opinion, ECF 18 , in Burton v Air France-KLM, 3:20-cv-01085-IM, but nevertheless expressed an interest in filing a motion to transfer venue. Although this Court recognizes that it may have discretion to transfer venue even when it does not have personal jurisdiction in the interest of justice, see Wright & Miller, 3827 Transfer to Proper Venue or Dismissal Under 28 U.S.C.A. 1406(a), 14D Fed. Prac. & Proc. Juris. 3827 (4th ed.), this case has been pending since November 18, 2020, Plaintiff has taken no action to transfer venue, and that issue is not properly before the Court. Moreover, based on the procedural history of this case, this Court dismisses this action without prejudice. Clayton Huntley Morrison present as counsel for plaintiff(s). Kristin Asai present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy) |
Filing 6
Scheduling Order by Judge Karin J. Immergut. Telephonic Status Conference is set for 1/13/2021 at 11:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy)
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| Filing 5 Notice of Case Reassignment: This case has been reassigned from Judge Marco A. Hernandez to Judge Karin J. Immergut. (eo) |
| Filing 4 Notice of Correction by Clerk regarding #1 Complaint. A Clerical error has been discovered in the case record: The incorrect case number was listed on the PDF. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw) |
| 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. (Attachments: #1 issued summons) (ecp) |
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Filing 2
Notice of Case Assignment to Judge Marco A. Hernandez 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 3/19/2021. Joint Alternate Dispute Resolution Report is due by 4/19/2021. Pretrial Order is due by 4/19/2021. Ordered by Judge Marco A. Hernandez. (ecp)
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7512493 Jury Trial Requested: No. Filed by Lynnette Burton against Societe Air France (Attachments: #1 Civil Cover Sheet, #2 Attachment, #3 Attachment). (Morrison, Clayton) (Main Document 1 replaced on 11/19/2020) (cw). |
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| Defendant: Societe Air France | |
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| Plaintiff: Lynnette Burton | |
| Represented By: | Clayton Huntley Morrison |
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