Masciotra v. DS Services of America, Inc. et al
Plaintiff: Erin Kelly Masciotra
Defendant: DS Services of America, Inc. and Justin D. Wolk
Case Number: 3:2021cv00938
Filed: June 24, 2021
Court: US District Court for the District of Oregon
Presiding Judge: Marco A Hernandez
Nature of Suit: Motor Vehicle Personal Injury
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2022 Opinion or Order Filing 17 ORDER: Granting Robert Lee's Motion for Leave to Appear Pro Hac Vice #16 on behalf of Defendants. Ordered by Judge Marco A. Hernandez. (jp)
February 16, 2022 Filing 16 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8411597. Filed by DS Services of America, Inc., Justin D. Wolk. (Lee, Robert)
February 16, 2022 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Robert Lee. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8411597 #16 : Reviewed and Ready for Ruling. (jw)
January 26, 2022 Opinion or Order Filing 15 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #12 . The case deadlines are extended as follows: Discovery is to be completed by 5/5/2022. Plaintiff's Expert Reports and Disclosure are due 2/14/2022. Defendants' Expert Reports and Disclosure are due 4/15/2022. Plaintiff's Rebuttal Reports and Disclosure, if any, are due 5/16/2022. Dispositive Motions are due by 6/2/2022. Oral Argument is set for 8/8/2022 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are resolved. Pretrial Conference is set for 11/28/2022 at 01:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. Three-day Jury Trial is set for 12/7/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
January 21, 2022 Filing 14 Declaration of Karl Neumann in Support of Defendants' Response to Plaintiff's Motion for Extension of Deadlines. Filed by All Defendants. (Related document(s): Response to Motion #13 .) (Neumann, Karl)
January 21, 2022 Filing 13 Response to Motion for Extension of Discovery & PTO Deadlines #12 . Filed by All Defendants. (Neumann, Karl)
January 20, 2022 Filing 12 Motion for Extension of Discovery & PTO Deadlines . Filed by Erin Kelly Masciotra. (Mandekor, Gretchen)
January 18, 2022 Filing 11 MINUTES of Proceedings: Telephone Conference held regarding the parties' discovery dispute. The Court ruled on the issues as stated on the record. The parties shall confer regarding revisions to the case deadlines. Gretchen Mandekor present as counsel for plaintiff(s). Karl Neumann present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
January 13, 2022 Opinion or Order Filing 10 Scheduling Order by Judge Marco A. Hernandez. A Telephone Discovery Hearing is set for 1/18/2022 at 02:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
August 12, 2021 Filing 9 MINUTES of Proceedings: Telephonic Rule 16 Conference held on 8/12/2021. The Court set the following case schedule: Add Parties/Amend Complaint is due 1/18/2022. Fact Discovery is to be completed by 4/4/2022. The parties shall independently confer and agree upon deadlines for expert disclosures and the close of expert discovery. Dispositive Motions, if any, are due by 5/2/2022. Joint Alternate Dispute Resolution Report is due by 5/2/2022 if no dispositive motions are filed, or 30 days after resolution of dispositive motions. Pretrial Order is due by 5/2/2022 if no dispositive motions are filed, or 30 days after resolution of dispositive motions. Oral Argument is set for 7/11/2022 at 1:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. Pretrial Conference is set for 11/1/2022 at 1:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. Three-day Jury Trial is set for 11/8/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Gretchen L. Mandekor present as counsel for plaintiff. Karl Neumann and William H. Walsh present as counsel for defendants. Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (pvh)
August 6, 2021 Filing 8 Joint Fed. R. Civ. P. 26(a)(1) Agreement . Filed by DS Services of America, Inc., Justin D. Wolk. (Neumann, Karl)
August 6, 2021 Filing 7 Joint Rule 26(f) Report and Discovery Plan . Filed by All Defendants. (Neumann, Karl)
July 13, 2021 Opinion or Order Filing 6 Scheduling Order by Judge Marco A. Hernandez. A Rule 16 Telephone Conference is set for 8/12/2021 at 01:30PM before Judge Marco A. Hernandez. Counsel are required to confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The Court directs the parties to submit a jointly proposed schedule to the courtroom deputy by email no later than three business days before the hearing (keeping in mind that Judge Hernandez expects civil cases to be tried within 18 months of the date of filing). The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
July 13, 2021 Filing 5 Notice of Appearance of Karl Neumann appearing on behalf of All Defendants . Filed by DS Services of America, Inc., Justin D. Wolk. (Neumann, Karl)
July 1, 2021 Filing 4 Defendants' Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by DS Services of America, Inc., Justin D. Wolk. (Walsh, William)
June 24, 2021 Filing 3 Corporate Disclosure Statement . Filed by DS Services of America, Inc.. (Walsh, William)
June 24, 2021 Opinion or Order Filing 2 Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 10/22/2021. Joint Alternate Dispute Resolution Report is due by 11/22/2021. Pretrial Order is due by 11/22/2021. Ordered by Judge Marco A. Hernandez. (jtj)
June 24, 2021 Filing 1 Notice of Removal of Case Number 21CV20676 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8133967 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by DS Services of America, Inc., Justin D. Wolk (Attachments: #1 Civil Cover Sheet, #2 Decl. of W. Walsh, #3 Decl. of J. Wolk). (Walsh, William)

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Plaintiff: Erin Kelly Masciotra
Represented By: Gretchen L. Mandekor
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Defendant: DS Services of America, Inc.
Represented By: William H. Walsh
Represented By: Karl Neumann
Represented By: Robert Lee
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Defendant: Justin D. Wolk
Represented By: William H. Walsh
Represented By: Karl Neumann
Represented By: Robert Lee
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