Perket v. CCRI, Inc.
| Tiffany Perket |
| Audrey Gene Keck and CCRI, Inc. an Oregon corporation doing business as Haven Spa Pool & Hearth |
| 3:2021cv00251 |
| February 16, 2021 |
| US District Court for the District of Oregon |
| John V Acosta |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Both |
Docket Report
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This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 STIPULATED JUDGMENT OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS: Signed on 5/26/2022 by United States Magistrate Judge John V. Acosta. (pjg) |
| Filing 40 Stipulated Proposed Form of Order Submitted . Filed by Tiffany Perket. (Ostrander, John) |
| Filing 39 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, 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. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (pjg) |
| Filing 38 Second Amended Complaint . Filed by Tiffany Perket against CCRI, Inc.. (Ostrander, John) |
Filing 37
ORDER referring Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #32 should be GRANTED #36 to Judge Karin J. Immergut. Ordered by Magistrate Judge John V. Acosta. (pjg)
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| Filing 36 FINDINGS AND RECOMMENDATION: Defendant's Motion to Dismiss (ECF No. #32 ) should be GRANTED with leave to amend for Plaintiff. Scheduling Order The Findings and Recommendation will be referred to a district judge. Objections, if any, are due within 14 days. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 31st day of March, 2022, by United States Magistrate Judge John V. Acosta. (pjg) |
| Filing 35 Reply to Motion to Dismiss for Failure to State a Claim and Memorandum in Support #32 Oral Argument requested. Filed by CCRI, Inc.. (Monson, Jonathan) |
| Filing 34 Response to Motion to Dismiss for Failure to State a Claim and Memorandum in Support #32 . Filed by Tiffany Perket. (Ostrander, John) |
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Filing 33
Scheduling Order by Judge Acosta: Motion to Dismiss for Failure to State a Claim and Memorandum in Support #32 is taken under advisement as of 1/24/2022. Request for oral argument shall be considered in due course. (pjg)
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| Filing 32 Motion to Dismiss for Failure to State a Claim and Memorandum in Support. Oral Argument requested. Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 31
Scheduling Order by Judge Acosta: Response to Amended Complaint #30 is due by 10/25/2021. (pjg)
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| Filing 30 Amended Complaint . Filed by Tiffany Perket against CCRI, Inc.. (Ostrander, John) |
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Filing 29
ORDER - This Court has reviewed de novo the portions of Judge Acosta's F&R #24 to which Plaintiff objected. This Court adopts Judge Acosta's F&R in full. Plaintiff's Motion to Remand #8 is DENIED, Defendants' request to sever #13 , #17 is GRANTED, and Defendant Keck's request for this Court to retain jurisdiction over the severed claim #17 is GRANTED. Consistent with the F&R, this Court directs the clerk to sever the claims asserted by Plaintiff against Defendant Haven from the claim asserted by Plaintiff against Defendant Keck. Defendant Haven shall remain the sole defendant in Case No. 3:21-cv-00251-AC. This Court directs the clerk to open a separate civil action by Plaintiff against Defendant Keck, assign the new case to Judge Acosta, and file a copy of the Complaint in the new case along with a copy of this F&R. This Court directs Plaintiff to file amended complaints in both this action and the new action alleging claims against only the sole defendant in each case within thirty days of the date of the Order. Signed on 9/15/2021 by Judge Karin J. Immergut. (mja)
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| Filing 28 Response to Objections to Findings & Recommendation. on Plaintiff's Motion to Remand Related document(s): #27 Objection. Filed by CCRI, Inc.. (Monson, Jonathan) |
| Filing 27 Objection(s) to Findings and Recommendations. Filed by Tiffany Perket. (Related document(s): Findings & Recommendation,,,,,, #24 .) (Ostrander, John) |
| Filing 26 Notice of Attorney Withdrawal: (Abby R. Michels withdraws) Filed by Audrey Gene Keck. (Glascock, Andrew) |
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Filing 25
Order referring Findings & Recommendation: Motion to Remand to State Court #8 should be Denied #24 to Judge Karin J. Immergut. Ordered by Magistrate Judge John V. Acosta. (pjg)
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| Filing 24 Findings & Recommendation: For the reasons stated above, Perket's Motion (ECF No. #8 ) should be DENIED, Haven and Keck's request to sever should be GRANTED, and Keck's request to keep the severed personal injury claim in this court should be GRANTED. If the Article III Judge agrees with this recommendation, the court should direct the clerk to sever the claims asserted by Perket against Haven from the claim asserted by Perket against Keck, and Haven shall remain the sole defendant in Case No. 3:21-cv-00251-AC; direct the clerk to open a separate civil action by Perket against Keck, assign the new case to the judge to whom the instant case is assigned, and file a copy of the Complaint in the new case along with a copy of this Findings and Recommendation; and direct Perket to file amended complaints in both this action and the new action alleging claims against only the sole defendant in each case within thirty days of the date of the order adopting this Findings and Recommendation. Scheduling Order: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due within seventeen (17) days. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 3rd day of August, 2021, by United States Magistrate Judge John V. Acosta. (pjg) |
| Filing 23 Reply to Plaintiff's Reply to Defendant Keck's Late Response to Motion to Remand. Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 22
ORDER by Judge Acosta: GRANTING Motion for Leave #21 . Defendant Haven has leave to file a short reply responding to Plaintiff's new arguments. (pjg)
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| Filing 21 Unopposed Motion for Leave to File Reply to Plaintiff's Reply to Defendant Keck's Late Response to Motion to Remand. Expedited Hearing requested. Filed by CCRI, Inc.. (Attachments: #1 Exhibit (A) Haven's Reply to Plaintiff's Reply to Defendant Keck's Response) (Monson, Jonathan) |
| Filing 20 Reply to Defendant Keck's Late Response to Motion to Remand to State Court #8 . Filed by All Plaintiffs. (Drew, William) |
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Filing 19
ORDER by Judge Acosta: GRANTING Motion for Leave #18 . Plaintiff has leave to file a reply to Defendant's Response #17 . (pjg)
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| Filing 18 Unopposed Motion for Leave to File Reply to Defendant Keck's Late Response to Plaintiff's Motion to Remand. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Drew, William) |
| Filing 17 Response in Opposition (JOINDER IN CCRI dba HAVEN'S PARTIAL OPPOSITION) to Motion to Remand to State Court #8 . Filed by Audrey Gene Keck. (Michels, Abby) |
| Filing 16 Reply to Motion to Remand to State Court #8 . Filed by Tiffany Perket. (Ostrander, John) |
| Filing 15 Notice of Appearance of Abby R. Michels appearing on behalf of Audrey Gene Keck Filed by on behalf of Audrey Gene Keck. (Michels, Abby) |
| Filing 14 Notice of Appearance of Andrew D. Glascock appearing on behalf of Audrey Gene Keck (and Abby R. Michels, also appearing on behalf of Audrey Gene Keck) Filed by on behalf of Audrey Gene Keck. (Glascock, Andrew) |
| Filing 13 Response in Opposition to Motion to Remand to State Court #8 . Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 12
ORDER by Judge Acosta: GRANTING Motion for Stay #11 . The deadline for Defendant CCRI, Inc., dba Haven Spa Pool & Hearth, to respond to the complaint is extended until fourteen days after resolution of Plaintiff's Motion to Remand. (pjg)
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| Filing 11 Joint Motion for Stay THE DEADLINE FOR DEFENDANT CCRI, INC., dba HAVEN SPA POOL & HEARTH TO RESPOND OR ANSWER THE COMPLAINT PENDING RESOLUTION OF PLAINTIFFS MOTION TO REMAND. Expedited Hearing requested. Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 10
Scheduling Order by Judge Acosta: Motion to Remand to State Court #8 is taken under advisement as of 5/26/2021. Request for oral argument shall be considered in due course. (pjg)
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| Filing 9 Declaration of Suzie Fujioka . Filed by Tiffany Perket. (Related document(s): Motion to Remand #8 .) (Ostrander, John) |
| Filing 8 Motion to Remand to State Court. Oral Argument requested. Filed by Tiffany Perket. (Ostrander, John) |
| Filing 7 Certificate of Service by CCRI, Inc. Notice to Adverse Party of Removal to Federal Court Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 6
ORDER by Judge Acosta: GRANTING Motion for Extension of Time to Answer #4 . Deadline for defendant CCRI to file a response to plaintiff's complaint is extended to 3/9/2021. (pjg)
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| Filing 5 Declaration of Jon W. Monson in Support of Defendant CCRI's Motion for Extension of Time to Respond to Complaint. Filed by CCRI, Inc.. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #4 .) (Monson, Jonathan) |
| Filing 4 Unopposed Motion for Extension of Time to Answer or Respond to Complaint. Filed by CCRI, Inc.. (Monson, Jonathan) |
| Filing 3 Corporate Disclosure Statement . Filed by CCRI, Inc.. (Monson, Jonathan) |
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Filing 2
Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 6/17/2021. Joint Alternate Dispute Resolution Report is due by 7/19/2021. Pretrial Order is due by 7/19/2021. Ordered by Magistrate Judge John V. Acosta. (ecp)
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| Filing 1 Notice of Removal of Case Number 21CV01417 from Multnomah County Civil Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-7902299 issued.. Filed by CCRI, Inc. (Attachments: #1 Civil Cover Sheet). (Monson, Jonathan) |
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