Motameni et al v. Adams
| Reza Motameni |
| Melissa Adams and Melissa Motameni |
| Moto-Biz, Inc. |
| 3:2021cv01184 |
| August 11, 2021 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Stockholder's Suits |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ORDER: The Court has received briefing and is determining whether it has subject matter jurisdiction in this case. The Court suspends Plaintiff's deadline to file a response to Defendant's motion to dismiss while it decides this issue. If the Court retains jurisdiction, the new deadline is 10 days after the Opinion & Order retaining jurisdiction is entered. Ordered by Judge Marco A. Hernandez. (jp)
|
|
Filing 14
Response to Court's Order Requesting Briefing Regarding Complete Diversity. Filed by Reza Motameni. (Related document(s): Order,,, 8 .) (Henderson, Nicholas)
|
|
Filing 13
Declaration of Kristen L. Price ISO Response to Court's Order Requesting Briefing Regarding Complete Diversity. Filed by Melissa Adams. (Larsen, Janet)
|
|
Filing 12
Declaration of Melissa Adams ISO Response to Court's Order Requesting Briefing Regarding Complete Diversity. Filed by Melissa Adams. (Larsen, Janet)
|
|
Filing 11
Response to Court's Order Requesting Briefing Regarding Complete Diversity. Filed by Melissa Adams. (Related document(s): Order,,, 8 .) (Larsen, Janet)
|
|
Filing 10
ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion #9 to Dismiss Second Amended Complaint and Motion to Strike Portions of Same. Response is due by 10/6/2021. Ordered by Judge Marco A. Hernandez. (jp)
|
|
Filing 9
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Second Amended Complaint and Motion to Strike Portions of Same #6 . Filed by Reza Motameni. (Henderson, Nicholas)
|
|
Filing 8
ORDER: The Court does not believe that it has subject matter jurisdiction over this removed case because of a lack of complete diversity. Although Moto-Biz, Inc. is listed as a "nominal defendant," the Court considers the corporation to be a party of interest in this shareholder derivative suit. See Koster v. (American) Lumbermans Mut. Casualty Co., 330, U.S. 518, 521 (1947) (noting that in a stockholder's derivative action, the corporation for whose benefit action is brought is the real party of interest and is an indispensable party). The complaint both alleges breach of fiduciary duties owed to the corporation and seeks compensation for managing the company, which would be owed by the corporation.Before the Court orders remand of the case, it would like the parties to brief the issue of whether complete diversity exists. Briefing is due by September 24, 2021. Ordered by Judge Marco A. Hernandez. (jp)
|
|
Filing 7
Declaration of Janet K. Larsen in Support of Defendant Melissa Adams' Motion to Dismiss Second Amended Complaint and Motion to Strike Portions of Same. Filed by Melissa Adams. (Related document(s): Motion to Dismiss #6 .) (Larsen, Janet)
|
|
Filing 6
Motion to Dismiss Second Amended Complaint and Motion to Strike Portions of Same. Oral Argument requested. Filed by Melissa Adams. (Larsen, Janet)
|
|
Filing 5
ORDER: Granting Motion for Extension of Time #3 . Defendant's responsive pleading is due September 8, 2021. Ordered by Judge Marco A. Hernandez. (jp)
|
|
Filing 4
Second Amended Complaint . Filed by Reza Motameni against Melissa Adams. (Henderson, Nicholas)
|
|
Filing 3
Unopposed Motion for Extension of Time to File Response to Plaintiff's First Amended Complaint. Filed by Melissa Adams. (Larsen, Janet)
|
|
Filing 2
Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 12/10/2021. Joint Alternate Dispute Resolution Report is due by 1/10/2022. Pretrial Order is due by 1/10/2022. Ordered by Judge Marco A. Hernandez. (joha)
|
|
Filing 1
Notice of Removal of Case Number 21CV15255 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8189475 issued.. Filed by Melissa Adams (Attachments: #1 Civil Cover Sheet). (Larsen, Janet)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
