Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund v. United States Bakery, et al.
| Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund |
| Mountain States Bakeries LLC, Central California Baking Company and United States Bakery |
| 3:2021cv00617 |
| April 23, 2021 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H Simon |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1381 |
| None |
Docket Report
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This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 Notice of Appearance of Zachary W.L. Wright appearing on behalf of All Defendants . Filed by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. (Wright, Zachary) |
| Filing 44 Supplement Brief in Opposition to Defendants' Motion to Dismiss. Filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Related document(s): Motion to Dismiss, #18 .) (Shiffrin, Joshua) |
| Filing 43 Supplement Memorandum of Law Regarding Standing Issues. Filed by All Defendants. (Related document(s): Motion to Dismiss, #18 .) (Wilker, Steven) |
Filing 42
ORDER - As requested by the parties in Case No. 3:20-cv-01454-SI (BK) Svenhard's Swedish Bakery v. United States Bakery, et al) (ECF 41 ), the parties' supplemental briefing is due by June 10, 2021. Ordered by Judge Michael H. Simon. (mja)
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Filing 41
Scheduling Order - Due to a conflict in the Court's schedule, the Court is resetting oral argument on Defendants' motion to dismiss (ECF #18 ) from Tuesday, June 15, 2021 to Tuesday, July 27, 2021 at 01:30 p.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. If any party wishes to appear remotely, they are directed to contact the Courtroom Deputy. Ordered by Judge Michael H. Simon. (mja)
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| Filing 40 MINUTES OF TELEPHONE CONFERENCE: ORDER - As discussed on the record, the parties' additional briefing, not to exceed 10 pages, is due no later than May 28, 2021. The Court sets Oral Argument on the pending Motion to Dismiss (ECF #18 ) for June 15, 2021 at 2:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. If any party wishes to appear remotely, they are directed to contact the Courtroom Deputy for videoconference connection information. Elisabeth Mary Oppenheimer and Joshua B. Shiffrin present as counsel for Plaintiff. Steven M. Wilker and Zachary W.L. Wright present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 39 Notice of Appearance of Daniel Hutzenbiler appearing on behalf of Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund Filed by on behalf of Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Hutzenbiler, Daniel) |
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Filing 38
ORDER - Plaintiff's Motion for Leave to Appear Pro Hac Vice by attorney Elisabeth Oppenheimer (ECF #36 is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 37
ORDER - Plaintiff's Motion for Leave to Appear Pro Hac Vice by attorney Joshua B. Shiffrin (ECF #35 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua B. Shiffrin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8064883 #35 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Elisabeth Oppenheimer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8064919 #36 : Reviewed and Ready for Ruling. (ecp) |
| Filing 36 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Elisabeth Oppenheimer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8064919. Filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Oppenheimer, Elisabeth) |
| Filing 35 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua B. Shiffrin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8064883. Filed by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Shiffrin, Joshua) |
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Filing 34
Scheduling Order - Setting a Telephone Status Conference to discuss the status of this case, and Case 3:20-cv-1454-SI (BK) Svenhard's Swedish Bakery v. United States Bakery, et al, for 5/6/2021 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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| Filing 33 Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (eo) |
| Filing 32 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Eastern District of California. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer #31 . (eo) |
| Filing 31 Case transferred in from District of California Eastern; Case Number 1:20-cv-01587. Electronic file received. |
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Filing 30
ORDER GRANTING #23 Unopposed Motion to Transfer Venue, signed by District Judge Dale A. Drozd on 4/21/2021. CASE TRANSFERRED to the United States District Court for the District of Oregon. (Rivera, O) [Transferred from California Eastern on 4/23/2021.]
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| Filing 29 REPLY by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery re #23 Motion to Change Venue. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 28 REPLY by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery re #18 Motion to Dismiss. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 27 RESPONSE by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund to #23 Motion to Change Venue. (Shiffrin, Joshua) [Transferred from California Eastern on 4/23/2021.] |
| Filing 26 OPPOSITION by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund to #18 Motion to Dismiss. (Shiffrin, Joshua) [Transferred from California Eastern on 4/23/2021.] |
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Filing 25
MINUTE ORDER signed by District Judge Dale A. Drozd on 3/9/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) [Transferred from California Eastern on 4/23/2021.]
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| Filing 24 MEMORANDUM by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery in SUPPORT of #23 Motion to Change Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 23 MOTION to CHANGE VENUE by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. Motion Hearing set for 4/6/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
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Filing 22
STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE AND ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 03/08/2021. (Scheduling Conference set for 6/16/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe)(Martin-Gill, S) [Transferred from California Eastern on 4/23/2021.]
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| Filing 21 STIPULATION and PROPOSED ORDER for Continuing Mandatory Scheduling Conference re #15 Order,,,, Set/Reset Deadlines and Hearings,,, by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Shiffrin, Joshua) [Transferred from California Eastern on 4/23/2021.] |
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Filing 20
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/23/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) [Transferred from California Eastern on 4/23/2021.]
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| Filing 19 MEMORANDUM by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery in SUPPORT of #18 Motion to Dismiss. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 18 MOTION to DISMISS by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. Motion Hearing set for 4/6/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
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Filing 17
PRO HAC VICE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 1/28/2021. Added attorney Elisabeth Oppenheimer, PHV for Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (Martin-Gill, S) [Transferred from California Eastern on 4/23/2021.]
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| Filing 16 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund for attorney Elisabeth Oppenheimer to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9380733) (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
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Filing 15
ORDER re Stipulation to CONTINUE Mandatory Scheduling Conference. The Scheduling Conference currently set for 2/16/2021, is CONTINUED to 3/16/2021, at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least one (1) full week prior to the conference, the parties shall file a Joint Scheduling Report. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Order signed by Magistrate Judge Barbara A. McAuliffe on 1/25/2021. (Timken, A) [Transferred from California Eastern on 4/23/2021.]
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| Filing 14 CORPORATE DISCLOSURE STATEMENT by Defendants Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 13 STIPULATION and PROPOSED ORDER for Continuing Mandatory Scheduling Conference by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 12 STIPULATION for Extension of Time by Central California Baking Company, Mountain States Bakeries LLC, United States Bakery. Attorney Wilker, Steven M. added. (Wilker, Steven) [Transferred from California Eastern on 4/23/2021.] |
| Filing 11 CERTIFICATE of SERVICE by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 10 CERTIFICATE of SERVICE by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 9 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Central California Baking Company on 11/24/2020, Answer due 1/25/2021 (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 8 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Mountain States Bakeries LLC on 11/24/2020, Answer due 1/25/2021 (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to United States Bakery on 11/24/2020, Answer due 1/25/2021 (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
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Filing 6
PRO HAC VICE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/9/2020. Added attorney Joshua B. Shiffrin, PHV for Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. Application for Pro Hac Vice #5 is GRANTED. (Jessen, A) [Transferred from California Eastern on 4/23/2021.]
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| Filing 5 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund for attorney JOSHUA B. SHIFFRIN to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9290990) (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/16/2021 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Order re Consent, #4 VDRP) (Rivera, O) [Transferred from California Eastern on 4/23/2021.] |
| Filing 3 SUMMONS ISSUED as to *Central California Baking Company, Mountain States Bakeries LLC, United States Bakery* with answer to complaint due within *21* days. Attorney *Katherine Ann McDonough* *Kraw and Kraw* *605 Ellis Street, Suite 200* *Mountain View, CA 94043*. (Rivera, O) [Transferred from California Eastern on 4/23/2021.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Plaintiff Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund. (McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
| Filing 1 COMPLAINT against all Defendants. Attorney McDonough, Katherine Ann added. (Filing fee $ 400, receipt number 0972-9235954) (Attachments: #1 Civil Cover Sheet)(McDonough, Katherine) [Transferred from California Eastern on 4/23/2021.] |
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