Morris III v. Biotronik, Inc.
| John Morris III |
| Biotronik, Inc., John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Roe Non-Profit Corporations 1-10 and Roe Governmental Entities 1-10 |
| 3:2022cv00301 |
| February 24, 2022 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Jolie A Russo |
| Civil Rights: Employment |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #49 . Case Appealed to 9th Circuit Court of Appeals Case Number 22-35753 assigned. (jtj) |
| Filing 49 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID AORDC-8662353: . Filed by John Morris III. (Barbour, Rechelle) |
Filing 48
JUDGMENT: It is Ordered and Adjudged that this action is Dismissed. Pending motions, if any, are Denied as Moot. Signed on 8/25/22 by Judge Marco A. Hernandez. (gm)
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Filing 47
ORDER: Adopting the Magistrate's Findings and Recommendation #45 . Defendant's Motion to Compel Arbitration #37 is Granted and this action is Dismissed. Defendant's Motion to Dismiss #13 is Denied as Moot. Signed on 8/25/22 by Judge Marco A. Hernandez. (gm)
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Filing 46
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #45 is referred to Judge Marco A. Hernandez for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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| Filing 45 Findings & Recommendation: Defendant's motion to compel arbitration #37 should be granted. In addition, because all claims are subject to arbitration, the Court should dismiss this action and deny defendant's previous motion to dismiss #13 as moot. A judgment should enter. Signed on 7/11/22 by Magistrate Judge Jolie A. Russo. (gm) |
| Filing 44 Supplement Declaration of Counsel in Support of Plaintiff John Morris III's Memorandum in Opposition to Defendant Biotronik Inc.'s Motion to Compel Arbitration or STay Proceedings Filed On April 18, 2022; Exhibit 1; Certificate of Service. Filed by John Morris III. (Related document(s): Motion to Compel #37 .) (Barbour, Rechelle) |
| Filing 43 Reply to Opposition to Motion to Compel Arbitration #37 . Filed by Biotronik, Inc.. (Shaddy-Farnsworth, Madeleine) |
| Filing 42 Declaration of Counsel In Support of Plaintiff John Morris III's Memorandum In Opposition to Defendant Biotronik, Inc.'s. Filed by John Morris III. (Related document(s): Motion to Compel #37 .) (Barbour, Rechelle) |
| Filing 41 Declaration of JOHN MORRIS III In Support of Plaintiff John Morris III's Memorandum in Opposition to Defedant Biotronik, Inc.'s. Filed by John Morris III. (Related document(s): Motion to Compel #37 .) (Barbour, Rechelle) |
| Filing 40 Memorandum in Opposition to Defendant Biotronik, Inc.'s to Motion to Compel Arbitration #37 Oral Argument requested. Filed by John Morris III. (Remillard, Laurent) |
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Filing 39
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant Biotronik, Inc.'s Motion to Compel Arbitration and Dismiss or Stay Proceedings #37 on the under advisement calendar of 6/6/2022. (gm)
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| Filing 38 Declaration of Sophie Shaddy-Farnsworth In Support of Biotronik's Motion to Compel Arbitration. Filed by Biotronik, Inc.. (Related document(s): Motion to Compel #37 .) (Shaddy-Farnsworth, Madeleine) |
| Filing 37 Motion to Compel Arbitration. Filed by Biotronik, Inc.. (Shaddy-Farnsworth, Madeleine) |
| Filing 36 Notice of Attorney Withdrawal: Don V. Huynh Filed by John Morris III. (Barbour, Rechelle) |
| Filing 35 Clerk's Notice of Mailing to Attorney Don V. Huynh regarding Order 34 . (gm) |
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Filing 34
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Application/Motion for Leave to Appear Pro Hac Vice #33 as to Attorney Laurent J. Remillard, Jr. (gm)
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| Filing 33 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laurent J. Remillard, Jr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8480611. Filed by John Morris III. (Remillard, Laurent) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laurent J. Remillard, Jr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8480611 #33 : Reviewed and Ready for Ruling. (ecp) |
| Filing 32 Amended Certificate of Service by Biotronik, Inc. of Withdrawal of Attorney #31 Filed by Biotronik, Inc.. (Shaddy-Farnsworth, Madeleine) |
| Filing 31 Notice of Attorney Withdrawal: Sharon V. Lovejoy Filed by Biotronik, Inc.. (Shaddy-Farnsworth, Madeleine) |
| Filing 30 Clerk's Notice of Mailing to counsel of record who have not yet enrolled in CM/ECF electronic notifications re: Order 29 . (gm) |
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Filing 29
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant Biotronik Inc.'s Rule 12 Motion to Dismiss #13 on the under advisement calendar of 6/6/2022. Any anticipated motion to compel arbitration shall be filed by 5/6/2022. Any requests for oral argument will be considered in due course. Should the Court deem the motion(s) appropriate for disposition with oral argument upon review of the briefings, the motion(s) will be scheduled accordingly. (gm)
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Filing 28
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Application/Motion for Leave to Appear Pro Hac Vice #27 as to Attorney Rechelle Barbour. (gm)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rechelle Barbour. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8442383 #27 : Reviewed and Ready for Ruling. (jw) |
| Filing 27 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Rechelle Barbour. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8442383. Filed by John Morris III. (Barbour, Rechelle) |
| Filing 26 Notice of Association of Attorney Madeleine Sophie Shaddy-Farnsworth,Madeleine Sophie Shaddy-Farnsworth for Biotronik, Inc.. Filed by Biotronik, Inc.. (Shaddy-Farnsworth, Madeleine) |
| Filing 25 Clerk's Notice of Mailing to counsel of record who have not yet enrolled in CM/ECF electronic notifications re: Discovery and Pretrial Scheduling Order #24 . (gm) |
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Filing 24
Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/24/2022. Joint Alternate Dispute Resolution Report is due by 7/25/2022. Pretrial Order is due by 7/25/2022. Ordered by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 23 Notice of Case Assignment: This case is assigned to Magistrate Judge Jolie A. Russo. (eo) (Copy e-mailed to non-admitted counsel.) |
| Filing 22 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Hawaii. 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 #21 . (eo) |
| Filing 21 Case transferred in from District of Hawaii; Case Number 1:21-cv-00509. Electronic file received. |
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Filing 20
ORDER (1) GRANTING MOTION TO TRANSFER, (2) HOLDING IN ABEYANCE MOTION TO DISMISS, AND (3) TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON re #13 - Signed by JUDGE DERRICK K. WATSON on 2/23/2022. For the reasons set forth herein, the Court GRANTS the motion, Dkt. No. 13, to the extent that the Clerk of Court is directed to TRANSFER this case to the United States District Court for the District of Oregon. Because of said transfer, the Court declines to address that part of the motion seeking to dismiss this action and holds the same in abeyance pending transfer. (eta) [Transferred from Hawaii on 2/24/2022.]
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| Filing 19 EO: Having reviewed the parties' briefing on Defendant's motion to transfer venue and/or motion to dismiss ("motion"), Dkt. No. 13, pursuant to Local Rule 7.1(c), the Court elects to decide the motion without a hearing. As a result, the February 25, 2022 hearing, Dkt. No. 14, is VACATED and the motion is taken under advisement. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) [Transferred from Hawaii on 2/24/2022.] |
| Filing 18 REPLY to Plaintiff's Opposition to #13 MOTION to Dismiss and/or Transfer Venue filed by Biotronik, Inc.. (Hanchett, Todd) Modified on 2/14/2022 (eta). [Transferred from Hawaii on 2/24/2022.] |
| Filing 17 MEMORANDUM in Opposition re #13 MOTION to Dismiss and/or Transfer Venue filed by John Morris III. (Attachments: #1 Declaration of Plaintiff, #2 Declaration of Counsel, #3 Exhibit 1, #4 Certificate of Service)(Barbour, Rechelle) [Transferred from Hawaii on 2/24/2022.] |
| Filing 16 EO: The Telephonic Rule 16 Scheduling Conference set for 1/31/2022 is CONTINUED to 3/22/2022 at 08:45AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/24/2022.] |
| Filing 15 INITIAL DISCLOSURE by John Morris III. (Barbour, Rechelle) [Transferred from Hawaii on 2/24/2022.] |
| Filing 14 EO: The Court sets #13 Defendant Biotronik, Inc.'s Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and/or Motion to Dismiss Pursuant to Rule 12(b)(6), for hearing on February 25, 2022, at 10:00 a.m. in Aha Kupono before Judge Derrick K. Watson. Briefing shall be in accordance with Local Rule 7.2 based upon the hearing date. IT IS SO ORDERED.(tyk) [Transferred from Hawaii on 2/24/2022.] |
| Filing 13 MOTION to Dismiss and/or Transfer Venue Pursuant to 28 U.S.c. 140(a) and/or Motion to Dismiss Pursuant to Rule 12(b)(6); Memorandum in Support of Motion; Declaration of Todd A. Hanchett; Certificate of Compliance; Certificate of Service Todd A. Hanchett appearing for Defendant Biotronik, Inc. (Hanchett, Todd) Modified on 1/14/2022 (eta). . Added MOTION to Change Venue on 2/23/2022 (eta). [Transferred from Hawaii on 2/24/2022.] |
| Filing 12 REPORT of Planning Meeting ; Certificate of Service. (Barbour, Rechelle) [Transferred from Hawaii on 2/24/2022.] |
| Filing 11 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE ROM TRADER no longer assigned to case Please reflect Civil case number CV 21-00509DKW-WRP on all further pleadings. (apg) [Transferred from Hawaii on 2/24/2022.] |
| Filing 10 EO: On 1/4/22, a [ECF #8 ] Stipulation for Extension of Time for Defendant Biotronik, Inc. to Answer or Otherwise Respond to Complaint ("Stipulation") was filed. The Stipulation indicates that it is being submitted "for approval." However, the Stipulation is not incompliance with LR10.5. There is no signature line for the Court's approval and the document has been filed without the Court's signature. Nevertheless, after carefully reviewing the document, the Court approves of the Stipulation. Counsel are reminded that in the future, stipulations must comply with LR10.5. Stipulations seeking court approval must be sent by email to the Court's orders box for approval, signature, and filing. (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from Hawaii on 2/24/2022.] |
| Filing 9 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV-21-0001485. (eta) [Transferred from Hawaii on 2/24/2022.] |
| Filing 8 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT BIOTRONIK, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Biotronik, Inc.. (Lovejoy, Sharon) [Transferred from Hawaii on 2/24/2022.] |
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Filing 7
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO TODD A. HANCHETT re: #6 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/29/2021. TODD A. HANCHETT, ESQ. (Firm: Stoel Rives LLP) added as attorney Pro Hac Vice for Defendant Biotronik, Inc. (jo) [Transferred from Hawaii on 2/24/2022.]
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| Filing 6 MOTION for Pro Hac Vice Appearance of Todd A. Hanchett Filing fee $ 300, receipt number AHIDC-2624691.Sharon V. Lovejoy appearing for Defendant Biotronik, Inc. (Lovejoy, Sharon) [Transferred from Hawaii on 2/24/2022.] |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 1/31/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/27/2021. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) [Transferred from Hawaii on 2/24/2022.]
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00509 DKW-RT on all further pleadings. (jni) [Transferred from Hawaii on 2/24/2022.] |
| Filing 3 Corporate Disclosure Statement by Biotronik, Inc. identifying Corporate Parent MS Holding II SE for Biotronik, Inc... (Lovejoy, Sharon) [Transferred from Hawaii on 2/24/2022.] |
| Filing 2 CIVIL Cover Sheet by Biotronik, Inc.. (Lovejoy, Sharon) [Transferred from Hawaii on 2/24/2022.] |
| Filing 1 NOTICE OF REMOVAL by Biotronik, Inc. from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-21-0001485. ( Filing fee $ 402 receipt number AHIDC-2624048), filed by Biotronik, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Lovejoy, Sharon) [Transferred from Hawaii on 2/24/2022.] |
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