ESCO Electric Company v. Viewpoint, Inc.
| ESCO Electric Company doing business as The ESCO Group |
| Viewpoint, Inc. |
| 3:2021cv00743 |
| May 14, 2021 |
| US District Court for the District of Oregon |
| John V Acosta |
| Contract: Other Contract Actions |
| 00 U.S.C. § 0000 |
| None |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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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)
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| 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) |
| Filing 51 Joint ADR Report . Filed by ESCO Electric Company.(Walsh, Patricia) |
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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)
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| Filing 49 Unopposed Motion for Extension of Time . Filed by ESCO Electric Company. (Walsh, Patricia) |
| 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) |
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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)
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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)
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| Filing 45 Joint Proposed Form of Order Submitted Scheduling Order. Filed by ESCO Electric Company. (Walsh, Patricia) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 39 Response to Motion to Dismiss the Amended Complaint and Memorandum in Support #37 . Filed by ESCO Electric Company. (Walsh, Patricia) |
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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)
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| Filing 37 Motion to Dismiss the Amended Complaint and Memorandum in Support. Oral Argument requested. Filed by Viewpoint, Inc.. (Williams, Elliott) |
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Filing 36
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #35 filed by Attorney Abram V. Carls. (pjg)
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| 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) |
| 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) |
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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)
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| Filing 33 Unopposed Motion for Extension of Time . Filed by Viewpoint, Inc.. (Williams, Elliott) |
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Filing 32
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #31 for Attorney Drew A. Powell. (pjg)
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| 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) |
| 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) |
| Filing 30 Notice of Appearance of Patricia A. Walsh appearing on behalf of ESCO Electric Company. Filed by ESCO Electric Company. (Walsh, Patricia) |
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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)
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| Filing 28 Unopposed Motion for Extension of Time . Filed by Viewpoint, Inc.. (Williams, Elliott) |
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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)
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| 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.) |
| 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) |
| Filing 24 Case transferred in from District of Iowa Northern; Case Number 1:21-cv-00023. Electronic file received. |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| Filing 19 PROPOSED Scheduling Order and Discovery Plan by Plaintiff ESCO Electric Company (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| Filing 9 CORPORATE Disclosure Statement by ESCO Electric Company (Powell, Drew) [Transferred from Iowa Northern on 5/14/2021.] |
| Filing 8 PURSUANT to Local Rule 7.1 Disclosure Statement by Viewpoint, Inc (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 4 NOTICE of Appearance by Theodore William Craig on behalf of Viewpoint, Inc.. (Craig, Theodore) [Transferred from Iowa Northern on 5/14/2021.] |
| Filing 3 DOCKET Annotation: Attached please find the new civil removal case packet. (kms) [Transferred from Iowa Northern on 5/14/2021.] |
| 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.] |
| 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.] |
| 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.] |
| 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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