Papi LLC v. Cincinnati Insurance Company
| Papi LLC and Papi LLC an Oregon limited liability company, individually and on behalf of all other similarly situated doing business as Papi Chulos Restaurant |
| The Cincinnati Insurance Company and Cincinnati Insurance Company |
| 3:2021cv00405 |
| March 16, 2021 |
| US District Court for the District of Oregon |
| Jolie A Russo |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 28
JUDGMENT: It is Ordered and Adjudged that this action is Dismissed with prejudice. Pending motions are Denied as Moot. Signed on 2/16/22 by Judge Marco A. Hernandez. (gm)
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Filing 27
ORDER: Adopting the Magistrate's Findings and Recommendation #24 . Defendant's Motion to Dismiss #9 is Granted and this case is Dismissed with prejudice. Pending motions are Denied as Moot. Signed on 2/16/22 by Judge Marco A. Hernandez. (gm)
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| Filing 26 Motion to Certify the Class of Question to the Oregon Supreme Court. Oral Argument requested. Filed by Papi LLC. (Attachments: #1 Appendix A - Sullivan Mgmt - Order Cert, #2 Appendix B - Hill & Stout - Order Granting Review, #3 Appendix C - H Lodge - Order Granting Stay, #4 Appendix D - Worthy Hotels - Order Granting Stay) (Sturm, Kyle) |
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Filing 25
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #24 is referred to Judge Marco A. Hernandez for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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| Filing 24 Findings & Recommendation: Defendant's Motion to Dismiss #9 should be granted with prejudice and judgment should be entered accordingly. Signed on 11/10/21 by Magistrate Judge Jolie A. Russo. (gm) |
| Filing 23 Supplemental Declaration of Lloyd Bernstein in Support of Defendant's Reply to Motion to Dismiss. Filed by Cincinnati Insurance Company. (Related document(s): Reply to Motion, #22 .) (Attachments: #1 Exhibit A) (Bernstein, Lloyd) |
| Filing 22 Reply to Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 Oral Argument requested. Filed by Cincinnati Insurance Company. (Attachments: #1 Appendix Supplemental Appendix of COVID-19 BI Cases) (Bernstein, Lloyd) |
| Filing 21 Response to Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 Oral Argument requested. Filed by Papi LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E) (Thede, Nicholas) |
| Filing 20 Corporate Disclosure Statement . Filed by Papi LLC. (Thede, Nicholas) |
| Filing 19 Corporate Disclosure Statement . Filed by Cincinnati Insurance Company. (Williams, Richard) |
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Filing 18
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion for Extension of Time #17 as follows: Response to motion to dismiss due by 8/9/2021. Reply to response to motion to dismiss due by 9/20/2021. Order: Resetting Defendant's Rule 12 Motion to Dismiss #9 from 9/7/2021 to the under advisement calendar of 9/27/2021. No further extensions will be granted unless sufficient good cause is shown. (gm)
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| Filing 17 Stipulated Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 . Filed by Papi LLC. (Thede, Nicholas) |
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Filing 16
AMENDED ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant's Rule 12 Motion to Dismiss #9 on the under advisement calendar of 9/7/2021. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 15 Notice of Supplemental Authority in Support of Defendant's Rule 12 Motion Filed by Cincinnati Insurance Company. (Attachments: #1 Exhibit 1) (Williams, Richard) |
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Filing 14
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant's Application/Motion for Leave to Appear Pro Hac Vice #7 as to Attorney G. David Rubin. (gm)
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| Filing 13 Notice of Correction by Clerk regarding #7 Motion for Leave to Appear Pro Hac Vice,. A Clerical error has been discovered in the case record: The incorrect PDF was attached. 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) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney G David Rubin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8123860 #7 : Reviewed and Ready for Ruling. (ecp) |
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Filing 12
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant's Application/Motion for Leave to Appear Pro Hac Vice #8 as to Attorney Andrew Aaronian. (gm)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew Aaronian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8124074 #8 : Reviewed and Ready for Ruling. (ecp) |
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Filing 11
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant's Rule 12 Motion to Dismiss #9 on the under advisement calendar of 7/19/2021. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 10 Declaration of Lloyd Bernstein in Support of Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Filed by Cincinnati Insurance Company. (Related document(s): Motion to Dismiss, #9 .) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Policy, #3 Exhibit C - EO 20-03, #4 Exhibit D - EO 20-07, #5 Exhibit E - EO 20-12) (Bernstein, Lloyd) |
| Filing 9 Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by Cincinnati Insurance Company. (Attachments: #1 Appendix COVID-19 BI CASES) (Bernstein, Lloyd) |
| Filing 8 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew Aaronian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8124074. Filed by Cincinnati Insurance Company. (Aaronian, Andrew) |
| Filing 7 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney G David Rubin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8123860. Filed by Cincinnati Insurance Company. (Rubin, G) (Main Document 7 replaced on 6/22/2021) (cw). |
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Filing 6
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Joint Motion for Extension of Time #5 as follows: Defendant's motion to dismiss due by 6/17/2021. Plaintiff's response due by 7/26/2021. Defendant's reply due by 8/30/2021. All other case management deadlines will be discussed following final ruling on the motion to dismiss as necessary. (gm)
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| Filing 5 Joint Motion for Extension of Time to Answer filed as: Joint Motion to Establish Modified Briefing Schedule For Rule 12 Motion. Filed by The Cincinnati Insurance Company. (Williams, Richard) |
| Filing 4 Waiver of Service of Summons Returned Executed by The Cincinnati Insurance Company waiver sent on 4/6/2021. Filed by Papi LLC. (Thede, Nicholas) |
| Filing 3 Summons Issued Electronically as to The Cincinnati Insurance Company. 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. (rs) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Jolie A. Russo 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 7/16/2021. Joint Alternate Dispute Resolution Report is due by 8/16/2021. Pretrial Order is due by 8/16/2021. Ordered by Magistrate Judge Jolie A. Russo. (rs)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-7993996 Jury Trial Requested: Yes. Filed by Papi LLC against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Sturm, Kyle) |
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