ESCO Electric Company v. Viewpoint, Inc.
Plaintiff: ESCO Electric Company doing business as The ESCO Group
Defendant: Viewpoint, Inc.
Case Number: 3:2021cv00743
Filed: May 14, 2021
Court: US District Court for the District of Oregon
Presiding Judge: John V Acosta
Nature of Suit: Contract: Other Contract Actions
Cause of Action: 00 U.S.C. ยง 0000
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2021 Opinion or Order Filing 53 ORDER by Judge Acosta: GRANTING Motion for Extension of Time to File Response/Reply #52 . Plaintiff's reply to Motion for Leave to File Amended Complaint/Petition #40 is due by 8/13/2021. Motion will be taken under advisement as of 8/20/2021. (pjg)
August 5, 2021 Filing 52 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Leave to File Amended Complaint/Petition #40 . Filed by ESCO Electric Company. (Walsh, Patricia)
August 4, 2021 Filing 51 Joint ADR Report . Filed by ESCO Electric Company.(Walsh, Patricia)
July 19, 2021 Opinion or Order Filing 50 ORDER by Judge Acosta : GRANTING Motion for Extension of Time #49 . Reply is due by 8/6/2021. Motion is taken under advisement as of 8/13/2021. (pjg)
July 19, 2021 Filing 49 Unopposed Motion for Extension of Time . Filed by ESCO Electric Company. (Walsh, Patricia)
July 14, 2021 Filing 48 Response by Viewpoint, Inc. to Motion for Leave to File Amended Complaint/Petition #40 Oral Argument requested. Filed by Viewpoint, Inc.. (Williams, Elliott)
July 12, 2021 Opinion or Order Filing 47 Scheduling Order by Judge Acosta: The Court acknowledges receipt of the parties' Joint Proposed Scheduling Order #45 and adopts the following schedule: (1) Parties are to confer as to Alternate Dispute Resolution by 7/6/2021; (2) Joint Alternate Dispute Resolution Report is to be filed by 8/5/2021. (3) Deadline for motions to add parties is 8/5/2021. (4) Deadline for motions to amend pleadings is 11/1/2021, or 14 days after any ruling by the Court on a motion under Fed.R.Civ.P. 12 or 15, whichever is later. (5) Deadline for plaintiff or counterclaim plaintiff to disclose expert witnesses on affirmative claims is 11/8/2021. (6) Deadline for defendant or counterclaim defendant to disclose expert witnesses on claims or affirmative defenses is 1/10/2022. (7) Deadline for plaintiff or counterclaim plaintiff to disclose expert witnesses for rebuttal is 2/10/2022. (8) All Discovery to be completed by 3/15/2022. (9) Deadline to file any dispositive motions is 4/18/2022. (10) Deadline to file a Joint Proposed Pretrial Order is to be determined. (pjg)
July 7, 2021 Opinion or Order Filing 46 ORDER: Granting Motion for Extension of Time to File Response/Reply #44 . Deadline to respond to Motion for Leave to File Amended Complaint/Petition #40 is extended to 7/14/2021. Motion will be taken under advisement as of 8/4/2021. (pjg)
July 6, 2021 Filing 45 Joint Proposed Form of Order Submitted Scheduling Order. Filed by ESCO Electric Company. (Walsh, Patricia)
July 6, 2021 Filing 44 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Leave to File Amended Complaint/Petition #40 . Filed by Viewpoint, Inc.. (Williams, Elliott)
June 25, 2021 Filing 43 Reply in support to Motion to Dismiss the Amended Complaint and Memorandum in Support #37 Oral Argument requested. Filed by Viewpoint, Inc.. (Williams, Elliott)
June 24, 2021 Opinion or Order Filing 42 Scheduling Order by Judge Acosta:Motion for Leave to File Amended Complaint/Petition #40 is taken under advisement as of 7/28/2021. Request for oral argument shall be considered in due course. (pjg)
June 24, 2021 Filing 41 MINUTES of Proceedings: Status Conference held on 6/24/2021 by telephone with Magistrate Judge John V. Acosta presiding. Counsel are to confer and submit a revised proposed scheduling order by 7/8/2021. Patricia Walsh, Drew Powell present as counsel for plaintiff. Elliott Williams present as counsel for defendant. Court Reporter: Dennis Apodaca. (pjg)
June 23, 2021 Filing 40 Motion for Leave to File Amended Complaint/Petition . Oral Argument requested. Filed by ESCO Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Walsh, Patricia)
June 11, 2021 Filing 39 Response to Motion to Dismiss the Amended Complaint and Memorandum in Support #37 . Filed by ESCO Electric Company. (Walsh, Patricia)
June 1, 2021 Opinion or Order Filing 38 Order by Judge Acosta: Motion to Dismiss the Amended Complaint and Memorandum in Support #37 will be taken under advisement as of 8/25/2021. Request for oral argument shall be considered in due course. (pjg)
May 28, 2021 Filing 37 Motion to Dismiss the Amended Complaint and Memorandum in Support. Oral Argument requested. Filed by Viewpoint, Inc.. (Williams, Elliott)
May 25, 2021 Opinion or Order Filing 36 ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #35 filed by Attorney Abram V. Carls. (pjg)
May 25, 2021 Filing 35 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Abram V Carls. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8094384. Filed by ESCO Electric Company. (Carls, Abram)
May 25, 2021 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Abram V Carls. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8094384 #35 : Reviewed and Ready for Ruling. (ecp)
May 21, 2021 Opinion or Order Filing 34 ORDER by Judge Acosta: GRANTING Motion for Extension of Time #33 . Deadline for response to the Amended Complaint is extended to 5/28/2021. (pjg)
May 21, 2021 Filing 33 Unopposed Motion for Extension of Time . Filed by Viewpoint, Inc.. (Williams, Elliott)
May 21, 2021 Opinion or Order Filing 32 ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #31 for Attorney Drew A. Powell. (pjg)
May 21, 2021 Filing 31 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Drew A Powell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8091227. Filed by ESCO Electric Company. (Powell, Drew)
May 21, 2021 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Drew A Powell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8091227 #31 : Reviewed and Ready for Ruling. (ecp)
May 19, 2021 Filing 30 Notice of Appearance of Patricia A. Walsh appearing on behalf of ESCO Electric Company. Filed by ESCO Electric Company. (Walsh, Patricia)
May 17, 2021 Opinion or Order Filing 29 ORDER by Judge Acosta: GRANTING Motion for Extension of Time #28 . Deadline for defendant Viewpoint, Inc. to respond to the amended complaint is extended to 5/21/2021. (pjg)
May 14, 2021 Filing 28 Unopposed Motion for Extension of Time . Filed by Viewpoint, Inc.. (Williams, Elliott)
May 14, 2021 Opinion or Order Filing 27 Scheduling Order by Judge Acosta: Telephone Status Conference is SET for Thursday, June 24, 2021 at 10:00 AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided by separate sealed entry. (Copy sent to counsel in the District of Iowa via regenerated e-mail.) (pjg)
May 14, 2021 Filing 26 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (eo) (Copy sent to counsel in the District of Iowa via regenerated e-mail.)
May 14, 2021 Filing 25 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Northern District of Iowa (Cedar Rapids). Our records indicate that you may not be 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 #24 . (eo)
May 14, 2021 Filing 24 Case transferred in from District of Iowa Northern; Case Number 1:21-cv-00023. Electronic file received.
May 14, 2021 Opinion or Order Filing 23 ORDER granting #10 Motion to transfer filed by Defendant Viewpoint, Inc. The Clerk shall transfer this entire case to the United States District Court for the District of Oregon. Signed by Chief Judge Leonard T Strand on 5/14/2021. (case electronically transferred to District of Oregon) (des) [Transferred from Iowa Northern on 5/14/2021.]
May 12, 2021 Filing 22 ** TEXT ORDER ONLY ** Resetting Hearing - Scheduling Conference set for 5/13/2021 at 11:30 AM 21 is reset for 5/20/2021 at 11:30 AM (Telephonic Hearing - parties to use dial-in hearing instructions at Doc. 21) before Chief Magistrate Judge Kelly K.E. Mahoney. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 05/12/2021. (Gollhofer, Jami) [Transferred from Iowa Northern on 5/14/2021.]
May 10, 2021 Filing 21 ** TEXT ORDER ONLY ** Setting Hearing - Scheduling Conference set for 5/13/2021 at 11:30 AM (Telephonic Hearing - please use dial-in hearing instructions) before Chief Magistrate Judge Kelly K.E. Mahoney. The hearing will take place using the Court's conference bridge. The parties shall access the hearing by: (1) calling 877-336-1831, (2) enter access code 3495185 #, (3) press # to enter as a participant, (4) enter security code 1831 #. The call will become active upon the host (the Court) entering the conference bridge. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 05/10/2021. (Gollhofer, Jami) [Transferred from Iowa Northern on 5/14/2021.]
May 10, 2021 Filing 20 ***TEXT ORDER*** Upon review of the Motion to Appear Pro Hac Vice #18 , and the certificate of good standing, the court finds the motion should be granted. It is so ordered that Attorney Elliott J. Williams is authorized to appear on behalf of Defendant Viewpoint, Inc. Signed by Clerk on 5/10/2021. (ksy) [Transferred from Iowa Northern on 5/14/2021.]
May 7, 2021 Filing 19 PROPOSED Scheduling Order and Discovery Plan by Plaintiff ESCO Electric Company (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.]
May 7, 2021 Filing 18 MOTION for Leave to Appear Pro Hac Vice for Attorney Elliott J. Williams ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3445774) by Plaintiff ESCO Electric Company (Williams, Elliott) [Transferred from Iowa Northern on 5/14/2021.]
May 5, 2021 Filing 17 ** TEXT ORDER ONLY ** granting #16 Motion for Extension of Time to Answer/Responsive Pleading; answer/responsive pleading to Amended Complaint deadline extended for Defendant Viewpoint, Inc., to 5/14/2021. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 05/05/2021. (Gollhofer, Jami) Modified on 5/5/2021 (Gollhofer, Jami). [Transferred from Iowa Northern on 5/14/2021.]
May 4, 2021 Filing 16 UNRESISTED MOTION for Extension of Time to File Answer by Defendant Viewpoint, Inc (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.]
May 3, 2021 Filing 15 REPLY BRIEF in Support of #10 Defendants' Motion to Transfer filed by Viewpoint, Inc. (Craig, Theodore) Modified link and text on 5/4/2021 (ksy). [Transferred from Iowa Northern on 5/14/2021.]
April 26, 2021 Filing 14 RESISTANCE to Motion re #10 MOTION to Dismiss for Failure to State a Claim filed by ESCO Electric Company. (Attachments: #1 Affidavit Affidavit of Michael Azevedo) (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.]
April 23, 2021 Filing 13 AMENDED Complaint With Jury Demand against Viewpoint, Inc, filed by ESCO Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.]
April 14, 2021 Opinion or Order Filing 12 TEXT ORDER granting #11 UNRESISTED Motion for Extension of Time to File Resistance to #10 MOTION to Dismiss for Failure to State a Claim . Responses due by 4/26/2021. Signed by Chief Judge Leonard T Strand on 4/14/21. (djs) [Transferred from Iowa Northern on 5/14/2021.]
April 14, 2021 Filing 11 UNRESISTED Motion for Extension of Time to File Resistance to #10 Motion to Dismiss for Failure to State a Claim by Plaintiff ESCO Electric Company (Powell, Drew) Modified text and link on 4/15/2021 (ksy). [Transferred from Iowa Northern on 5/14/2021.]
April 5, 2021 Filing 10 MOTION to Dismiss for Failure to State a Claim by Defendant Viewpoint, Inc (Attachments: #1 Brief, #2 Declaration of Lindsay Bregante Myers) (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.]
April 5, 2021 Filing 9 CORPORATE Disclosure Statement by ESCO Electric Company (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.]
March 30, 2021 Filing 8 PURSUANT to Local Rule 7.1 Disclosure Statement by Viewpoint, Inc (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.]
March 15, 2021 Filing 7 ** TEXT ORDER ONLY ** GRANTING #6 UNRESISTED MOTION for Extension of Time to File Answer filed by Defendant Viewpoint, Inc. Answer deadline extended for Defendant Viewpoint, Inc., up to and including 4/5/2021. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 03/15/2021. (Gollhofer, Jami) [Transferred from Iowa Northern on 5/14/2021.]
March 12, 2021 Filing 6 UNRESISTED Motion for Extension of Time by Defendant Viewpoint, Inc. (Craig, Theodore) Modified text on 3/15/2021 (ksy). [Transferred from Iowa Northern on 5/14/2021.]
March 10, 2021 Filing 5 NOTICE of Appearance by Abram V Carls on behalf of ESCO Electric Company. (Carls, Abram) [Transferred from Iowa Northern on 5/14/2021.]
March 9, 2021 Filing 4 NOTICE of Appearance by Theodore William Craig on behalf of Viewpoint, Inc.. (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.]
March 9, 2021 Filing 3 DOCKET Annotation: Attached please find the new civil removal case packet. (kms) [Transferred from Iowa Northern on 5/14/2021.]
March 9, 2021 Filing 2 STATE Court Petition With Jury Demand by ESCO Electric Company (kms) Modified text on 4/6/2021 (skm). [Transferred from Iowa Northern on 5/14/2021.]
March 9, 2021 Chief Judge Leonard T Strand and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (kms) [Transferred from Iowa Northern on 5/14/2021.]
March 9, 2021 Set Deadlines: Defendant's LR 7.1 Disclosure Statement due by 3/30/2021. Plaintiff's LR 7.1 Disclosure Statement due by 4/8/2021. (kms) [Transferred from Iowa Northern on 5/14/2021.]
March 8, 2021 Filing 1 NOTICE of Removal from Iowa District Court for Linn County, case number LACV096850. ( Filing fee $ 402 receipt number AIANDC-3404029), filed by Viewpoint, Inc.. Scheduling Report due by 5/7/2021 (Attachments: #1 Exhibit A) (Reasoner, William) [Transferred from Iowa Northern on 5/14/2021.]

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Plaintiff: ESCO Electric Company doing business as The ESCO Group
Represented By: Abram V Carls
Represented By: Drew A Powell
Represented By: Christopher Kai Loftus
Represented By: Patricia A. Walsh
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Defendant: Viewpoint, Inc.
Represented By: William Michael Reasoner
Represented By: Elliott J. Williams
Represented By: Theodore William Craig
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