Lathrop v. Wabash National Corporation et al
| Jeremy Lathrop |
| TEC Equipment, Inc. an Oregon corporation doing business as TEC Equipment, Fedex Corporation and Wabash National Corporation |
| 3:2020cv02276 |
| December 30, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Jeff Armistead |
| Anna J Brown |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #37 . The court adopts the parties' proposed deadlines as follows: (1) Fact Discovery is to be completed by 12/8/2023. (2) Motions relating to Fact Discovery are to be filed by 12/29/2023. (3) Plaintiff to serve disclosures by 1/12/2024. (4) Defendants to serve expert disclosures by 2/9/2024. (5) Rebuttal expert reports are to be served by 3/18/2024. (6) Parties are to depose experts between 1/19/2024 and 3/12/2024. (7) Expert Discovery to be completed by 6/3/2024. (8) Dispositive Motions are due by 7/15/2024. (9) Motions to exclude or limit expert testimony are to be filed by 7/15/2024. (10) Parties are to confer regarding ADR within 14 days of the court's ruling on any dispositive motions. (11) Joint ADR Report is to be filed 30 days after the court's ruling on any dispositive motions. (12) Deadlines to serve proposed pretrial order and to file a Joint Pretrial Order are DEFERRED until a later date. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 37
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 36
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #35 . The court adopts the parties' proposed deadlines as follows: (1) Fact Discovery is to be completed by 10/10/2023. (2) Motions relating to Fact Discovery are to filed by 10/30/2023. (3) Plaintiff to serve expert disclosures by 11/13/2023. (4) Defendants to serve expert disclosures by 12/11/2023. (5) Rebuttal expert reports are to be served by 1/16/2024. (6) Parties are to depose experts between 1/19/2024 and 3/12/2024. (7) Expert Discovery to be completed by 4/2/2024. (8) Dispositive Motions are due by 5/15/2024. (9) Motions to exclude or limit expert testimony are to be filed by 5/14/2024. (10) Parties are to confer regarding ADR within 14 days of the court's ruling on any dispositive motions. (11) Joint ADR Report is to be filed 30 days after the court's ruling on any dispositive motions. (12) Deadlines to serve proposed pretrial order and to file a Joint Pretrial Order are DEFERRED until a later date. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 35
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 34
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #33 . The court adopts the parties' proposed deadlines as follows: (1) Fact Discovery is to be completed by 8/8/2023. (2) Motions relating to Fact Discovery are to filed by 8/29/2023. (3) Plaintiff to serve expert disclosures by 9/14/2023. (4) Defendants to serve expert disclosures by 10/11/2023. (5) Rebuttal expert reports are to be served by 11/16/2023. (6) Parties are to depose experts between 11/20/2020 and 1/12/2024. (7) Expert Discovery to be completed by 2/2/2024. (8) Dispositive Motions are due by 3/15/2024. (9) Motions to exclude or limit expert testimony are to be filed by 3/15/2024. (10) Parties are to confer regarding ADR within 14 days of the court's ruling on any dispositive motions. (11) Joint ADR Report is to be filed 30 days after the court's ruling on any dispositive motions. (12) Deadlines to serve proposed pretrial order and to file a Joint Pretrial Order are DEFERRED until a later date. Ordered by Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 33
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 32
Notice of Appearance of Jonathon Alexander Bish appearing on behalf of Wabash National Corporation. Filed by on behalf of Wabash National Corporation. (Bish, Jonathon)
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Filing 30
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #28 . The Court adopts the following proposed deadlines: (1) Fact Discovery is to be completed by 3/7/2023. (2) Motions relating to fact discovery to be filed by 3/28/2023. (3) Plaintiff to serve Rule 26(a)(2) Expert Disclosures by 4/13/2023. (4) Defendants to serve Rule 26(a)(2) Expert Disclosures by 5/10/2023. (5) Rebuttal Expert Report to be served by 6/15/2023. (6) Period for parties to depose experts is 6/19/2023 to 8/8/2023. (7) Expert Discovery closes by 8/31/2023. (8) Dispositive Motions are to be filed by 10/5/2023. (9) Motions to exclude or limit expert testimony are to be filed by 10/5/2023. (10) Plaintiff to serve proposed PTO on defendant 14 days after the Court's ruling on any dispositive motions. (11) Parties to confer regarding ADR 14 days after the Court's ruling on any dispositive motions. (12) Parties are to file a Joint ADR Report 30 days after the Court's ruling on any dispositive motions. (13) Parties to file Joint Pretrial Order 30 days after the Court's ruling on any dispositive motions. Ordered by United States Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 31
STIPULATED PROTECTIVE ORDER Signed on 10/3/2022 by Magistrate Judge Jeffrey Armistead. (pjg) Modified typographical error in text on 10/4/2022 (pjg) and filed date.
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Filing 29
Stipulated Motion for Protective Order . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 28
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 27
ORDER: GRANTING Motion for Extension of Discovery & PTO Deadlines #26 . The Court sets the following deadlines: (1) Fact Discovery is to be completed by 10/7/2022. (2) Motions relating to fact discovery to be filed by 10/28/2022. (3) Plaintiff to serve Rule 26(a)(2) Expert Disclosures by 11/11/2022. (4) Defendants to serve Rule 26(a)(2) Expert Disclosures by 12/9/2022. (5) Rebuttal Expert Report to be served by 1/13/2023. (6) Period for parties to depose experts is 1/16/2023 to 3/3/2023. (7) Expert Discovery closes by 3/31/2023. (8) Dispositive Motions are to be filed by 5/5/2023. (9) Motions to exclude or limit expert testimony are to be filed by 5/5/2023. (10) Plaintiff to serve proposed PTO on defendant 14 days after the Court's ruling on any dispositive motions. (11) Parties to confer regarding ADR 14 days after the Court's ruling on any dispositive motions. (12) Parties are to file a Joint ADR Report 30 days after the Court's ruling on any dispositive motions. (13) Parties to file Joint Pretrial Order 30 days after the Court's ruling on any dispositive motions. Ordered by United States Magistrate Judge Jeffrey Armistead. (pjg)
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Filing 26
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 25
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Magistrate Judge Jeffrey J. Armistead. (cw)
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Filing 24
ORDER by Judge Acosta: GRANTING Motion for Extension of Discovery & PTO Deadlines #22 . The Court sets the following deadlines: (1) Fact Discovery is to be completed by 5/2/2022. (2) Motions relating to fact discovery to be filed by 5/23/2022. (3) Plaintiff to serve Rule 26(a)(2) Expert Disclosures by 6/13/2022. (4) Defendants to serve Rule 26(a)(2) Expert Disclosures by 7/15/2022. (5) Period for parties to depose experts is 7/15/2022 to 9/30/2022. (6) Rebuttal expert reports are to be served by 10/14/2022. (7) Expert Discovery closes by 10/31/2022. (8) Dispositive Motions are to be filed by 11/30/2022. (9) Motions to exclude or limit expert testimony are to be filed by 11/30/2022. (10) Plaintiff to serve proposed PTO on defendant 14 days after the Court's ruling on any dispositive motions. (11) Parties to confer regarding ADR 14 days after the Court's ruling on any dispositive motions. (12) Parties are to file a Joint ADR Report 30 days after the Court's ruling on any dispositive motions. (13) Parties to file Joint Pretrial Order 30 days after the Court's ruling on any dispositive motions. (pjg) Modified text for typo on 10/8/2021 (pjg).
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Filing 23
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 22
Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 21
MINUTES of Proceedings: Status Conference held by telephone on 10/5/2021 with Magistrate Judge John V. Acosta presiding. The parties are to file a stipulated proposed case management schedule. Kimberly Weingart present as counsel for plaintiff. Jeffrey Hern present as counsel for defendant. (pjg)
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Filing 20
Scheduling Order by Judge Acosta: Telephone Status Conference is SET for Tuesday, October 5, 2021 at 10:00AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided to the parties by separate sealed entry. (pjg)
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Filing 19
OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendations, I ADOPT his F. & R. ECF #15 as my own opinion, and I GRANT Defendant FedEx's Motion to Dismiss ECF #12 . FedEx is dismissed from the case without prejudice. IT IS SO ORDERED. DATED this 28th day of September, 2021, by United States District Judge Michael W. Mosman. (pjg)
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Filing 18
Response to Objections to Findings & Recommendation. Related document(s): #17 Objections to Findings & Recommendation. Filed by Fedex Corporation. (Hiller, James)
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Filing 17
Objections to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction #12 should be GRANTED #15 . Filed by Jeremy Lathrop. (Pickett, J.)
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Filing 16
Order referring Findings and Recommendation (ECF No. #15 ) and Defendant FedEx Corporation's Rule 21 Motion to Dismiss for Lack of Personal Jurisdiction (ECF No. #12 ) to Judge Mosman. Ordered on 8/26/2021 by Magistrate Judge John V. Acosta. (gw)
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Filing 15
FINDINGS AND RECOMMENDATION: Based on the foregoing, the court recommends that FedEx's Motion to Dismiss for Lack of Personal Jurisdiction (ECF No. #12 ) be GRANTED, and FedEx be dismissed without prejudice. Koster v. Harris, 847 F.3d 646, 656 (9th Cir. 2017); Freeman v. Oakland Unified Sch. Dist., 179 F.3d 846, 847 (9th Cir. 1999). Objections to the Findings and Recommendation are due by 9/9/2021. Signed on 8/26/2021 by Magistrate Judge John V. Acosta. (gw)
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Filing 14
Declaration of J. Randolph Pickett. Filed by Jeremy Lathrop. (Related document(s): Memorandum in Opposition (#13 .) (eo) (NOTE: This declaration was included as an exhibit to t he Notice of Removal.)
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Filing 13
Plaintiff's Memorandum in Opposition to Defendant FedEx Corporation's Rule 21 Motion to Dismiss for Lack of Personal Jurisdiction (#12 ). Filed by Jeremy Lathrop. (eo) (NOTE: This memorandum in opposition was included as an exhibit to the Notice of Removal.)
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Filing 12
Defendant FedEx Corporation's Rule 21 Motion to Dismiss for Lack of Personal Jurisdiction. Filed by Fedex Corporation. (eo) (NOTE: This pending motion was included as an exhibit to the Notice of Removal and was filed in the state court case on 11/30/2020.)
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Filing 11
Reply to Plaintiff's Memorandum in Opposition to FedEx Corporation's Rule 21 Motion to Dismiss for Lack of Personal Jurisdiction (#13 ). Filed by Fedex Corporation. (Hiller, James) Modified docket text on 2/9/2021 to reference memorandum in opposition which was previously entered in the state court case. (eo)
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Filing 10
MINUTES of Proceedings: Rule 16 Conference held by telephone on 1/14/2021 with Magistrate Judge John V. Acosta presiding. (1) Attorney Christopher Byrd's Motion for Leave to Appear Pro Hac Vice #9 is granted. (2) The parties confirm Defendant TEC Equipment, Inc. was dismissed while the case was in state court and is terminated as a party from this case. (3) The Court agrees to let the state court pleadings stand. FedEx's reply to motion to dismiss is to be filed by 1/19/2021. The Motion to Dismiss will be taken under advisement as of 3/19/2021. The request for oral argument shall be considered in due course. (4) Discovery deadlines are STAYED pending ruling on the motion to dismiss, however, parties may exchange information if they so desire. Counsel for plaintiff does not appear. Jeffrey Hern, Angela Hall present by telephone as counsel for defendant Wabash National Corporation. James Hiller, Christopher Byrd present by telephone as counsel for defendant Fedex Corporation. Court Reporter: Ryan White. (pjg)
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Filing 9
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher T. Byrd. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7768157. Filed by Fedex Corporation. (Hiller, James)
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Filing 8
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #7 filed by Attorney Angela Kelver Hall. (pjg)
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Filing 7
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Angela K. Hall. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7765734. Filed by Wabash National Corporation. (Hall, Angela)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Angela K. Hall. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7765734 #7 : Reviewed and Ready for Ruling. (ecp)
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Filing 6
Scheduling Order by Judge Acosta: Telephone Rule 16 Conference is SET for Thursday, January 14, 2021 at 11:00 AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided by separate entry. (pjg)
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Filing 5
Corporate Disclosure Statement . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 4
Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by Wabash National Corporation. (Hern, Jeffrey)
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Filing 3
Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Magistrate Judge John V. Acosta. (eo)
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Filing 2
Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 4/29/2021. Joint Alternate Dispute Resolution Report is due by 6/1/2021. Pretrial Order is due by 6/1/2021. Ordered by Judge Anna J. Brown. (rs)
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Filing 1
Notice of Removal of Case Number 20CV32954 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-7705416 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Fedex Corporation (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B-1, #3 Exhibit Exhibit B-2, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Civil Cover Sheet, #7 Attachment Consent to Remove). (Hiller, James)
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