Gutta Jr. v. Sedgwick Claims Management Services, Inc.
| Frank S. Gutta Jr. and Frank Simon Gutta, Jr |
| Sedgwick Claims Management Services, Inc. |
| 3:2022cv01145 |
| August 5, 2022 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Personal Injury: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
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Filing 40
MINUTES of Proceedings: Telephone conference held regarding the parties' discovery dispute. The Court made rulings as stated on the record. As discussed, Defendant shall amend interrogatories by 9/21/2023. Plaintiff shall respond by 9/28/2023. Plaintiff shall respond to Defendant's Request for Admissions by 9/21/2023. The Discovery deadline is extended to 10/30/2023. The Clerk is directed to STRIKE Plaintiff's Response #36 to Defendant's Motion for Summary Judgment #31 . Plaintiff may file an amended Response by 10/30/2023. Defendant may file an optional Reply Brief. Plaintiff appeared pro se. Mark Crabtree present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
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Filing 39
Scheduling Order. The Telephone Conference set for 9/11/2023 at 9:30AM is RESET AS TO TIME ONLY to 09:00AM before Judge Marco A. Hernandez. The parties shall use the same call-in information previously provided. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 38
Scheduling Order. A telephone conference regarding the parties' discovery dispute is set for 9/11/2023 at 09:30AM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 37
Motion for Partial Summary Judgment . Filed by Frank Simon Gutta, Jr. (Gutta, Frank)
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Filing 36
STRICKEN PER ECF #40 Reply Plaintiffs Opposition to Motion for Summary Judgment #31 . Filed by Frank Simon Gutta, Jr. (Gutta, Frank) Modified on 9/11/2023 to strike (jp).
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Filing 35
Scheduling Order: The deadline for Plaintiff's Response to Defendant's Motion for Summary Judgment #31 is extended to 9/20/2023. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 34
Summary Judgment Advice Notice regarding Motion for Summary Judgment #31 . Response is due by 8/30/2023. Ordered by Judge Marco A. Hernandez. (dino)
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Filing 33
Declaration of Mark Crabtree . Filed by All Defendants. (Related document(s): Motion for Summary Judgment #31 .) (Crabtree, Mark)
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Filing 32
Declaration of Joel Harper . Filed by All Defendants. (Related document(s): Motion for Summary Judgment #31 .) (Crabtree, Mark)
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Filing 31
Motion for Summary Judgment . Filed by Sedgwick Claims Management Services, Inc.. (Crabtree, Mark)
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Filing 30
Trial Management Order. Signed on 4/21/2023 by Judge Marco A. Hernandez. (jp)
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Filing 29
MINUTES of Proceedings: Rule 16 Telephone Conference held. The Court set the following case schedule: Add Parties/Amend Complaint by 5/19/2023. Discovery is to be completed by 9/29/2023. Dispositive Motions are due by 10/30/2023. Oral Argument is set for 1/9/2024 at 01:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. Joint Alternate Dispute Resolution Report is due by 10/30/2023, if no dispositive motions are filed, or 30 days after resolution of any dispositive motion. The Court waived the Pretrial Order requirement. A Pretrial Conference is set for 4/29/2024 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. A 3-day Jury Trial is set for 5/7/2024 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Plaintiff appeared pro se. Kevin Coles and Mark Crabtree present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
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Filing 28
Scheduling Order. A Rule 16 Telephone Conference is set for 4/20/2023 at 08:30AM before Judge Marco A. Hernandez. At the conference, the parties 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 two business days before the hearing. 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)
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Filing 27
Answer to #21 Amended Complaint . Filed by Sedgwick Claims Management Services, Inc.. (Crabtree, Mark)
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Filing 26
OPINION & ORDER: Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint #24 is GRANTED IN PART and DENIED IN PART. Plaintiff's second, third, and fifth claims for relief are dismissed. Plaintiff's fourth claim for relief is dismissed to the extent that it alleges negligence. Plaintiff may proceed on his first claim for relief for breach of contract and on his fourth claimfor relief as a breach of contract claim. Signed on 3/29/2023 by Judge Marco A. Hernandez. (jp)
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Filing 25
Response in Opposition to Motion to Dismiss for Failure to State a Claim #24 . Filed by Frank Simon Gutta, Jr. (Gutta, Frank)
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Filing 24
Motion to Dismiss for Failure to State a Claim . Filed by All Defendants. (Coles, Kevin)
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Filing 23
ORDER: The Court GRANTS Defendant's Motion for Extension of Time to Answer, ECF #22 . Defendant's answer or other responsive pleading is due by February 13, 2023. Ordered by Judge Marco A. Hernandez. (mja)
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Filing 22
Motion for Extension of Time to Answer Amended Complaint #21 . Filed by Sedgwick Claims Management Services, Inc.. (Coles, Kevin)
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Filing 21
Amended Complaint. Filed by Frank Simon Gutta, Jr against Sedgwick Claims Management Services, Inc.. (dino)
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Filing 20
Notice of Attorney Substitution: Mark A. Crabtree is substituted as counsel of record in place of Attorney Alina Salo . Filed by on behalf of Sedgwick Claims Management Services, Inc.. (Crabtree, Mark)
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Filing 19
OPINION & ORDER: Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint #16 is GRANTED in part and DENIED in part. Plaintiff has leave to file an amended complaint within 21 days of the date of entry of this Opinion and Order. Signed on 1/1/2023 by Judge Marco A. Hernandez. (jp)
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Filing 18
Reply to Motion to Dismiss for Failure to State a Claim #16 . Filed by All Defendants. (Crabtree, Mark)
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Filing 17
Opposition to Defendant's Rule 12 Motion to Dismiss for Failure to State a Claim #16 . Filed by Frank S. Gutta Jr. (dino)
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Filing 16
Motion to Dismiss for Failure to State a Claim . Filed by Sedgwick Claims Management Services, Inc.. (Crabtree, Mark)
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Filing 15
Amended Complaint. Filed by Frank S. Gutta Jr. against All Defendants. (dino)
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Filing 14
ORDER: On August 30, 2022, Pro Se Plaintiff Frank S. Gutta Jr. filed an Unopposed Motion for Extension of Time to Respond to Rule 12, Motion to Dismiss for Failure to State a Claim #10 and an Unopposed Motion to Amend Complaint #11 . The Court GRANTS Plaintiff's Motion to Amend Complaint #11 . Plaintiff's Amended Complaint is due October 3, 2022. Accordingly, the Court DENIES as moot Defendant's Motion to Dismiss #4 and Amended Motion to Dismiss #7 for Failure to State a Claim and DENIES as moot Plaintiff's Motion for Extension of Time to Respond to Rule 12, Motion to Dismiss for Failure to State a Claim #10 . Ordered by Judge Marco A. Hernandez. (jp)
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Filing 13
ORDER: Granting #9 Application of Frank Gutta, Jr. for CM/ECF Registration as a Self-Represented Party. Signed on 9/2/2022 by Judge Marco A. Hernandez. (Emailed to pro se party on 9/2/2022.) (jp)
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Filing 12
Opposition to Defendant's Rule 12 Motion to Dismiss for Failure to State a Claim #4 , Amended Motion to Dismiss for Failure to State a Claim #7 . Filed by Frank S. Gutta Jr. (sb)
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Filing 11
Unopposed Motion to Amend Complaint. Filed by Frank S. Gutta Jr. (sb)
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Filing 10
Unopposed Motion for Extension of Time to Respond to Rule 12, Motion to Dismiss for Failure to State a Claim #4 , Amended Motion to Dismiss for Failure to State a Claim #7 . Filed by Frank S. Gutta Jr. (sb)
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Filing 9
Application for CM/ECF Registration as a Self-Represented Party. Filed by Frank S. Gutta Jr.. (ecp)
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Filing 8
Amended Declaration of Alina M. Salo . Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim #7 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Salo, Alina)
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Filing 7
Amended Motion to Dismiss for Failure to State a Claim . Filed by All Defendants. (Salo, Alina)
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Filing 6
Amended Corporate Disclosure Statement . Filed by All Defendants. (Salo, Alina)
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Filing 5
Declaration of Alina M. Salo . Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim #4 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Salo, Alina)
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Filing 4
Motion to Dismiss for Failure to State a Claim . Filed by All Defendants. (Salo, Alina)
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Filing 3
Corporate Disclosure Statement . Filed by All Defendants. (Salo, Alina)
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Filing 2
Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 12/5/2022. Joint Alternate Dispute Resolution Report is due by 1/3/2023. Pretrial Order is due by 1/3/2023. Ordered by Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 8/5/2022.) (dino)
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Filing 1
Notice of Removal of Case Number 22cv21816 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8610409 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Sedgwick Claims Management Services, Inc. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet). (Salo, Alina)
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