Burns v. Thuney et al
| David Burns |
| James Thuney and Joe Thuney |
| Agua Holdings, Inc. |
| 3:2023cv00526 |
| April 10, 2023 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Stockholder's Suits |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: Granting Motion for Extension of Time to File Response/Reply #13 to Defendants' pending motions to dismiss #7 and #9 . Plaintiff's Response is due by 6/30/2023. Defendant's Reply is due by 7/21/2023. Ordered by Judge Michael H. Simon. (jp)
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Filing 13
Joint Motion for Extension of Time to File a Response/Reply to Second Motion to Dismiss for Failure to State a Claim #9 , Amended Motion to Dismiss for Failure to State a Claim #7 . Expedited Hearing requested. Filed by David Burns. (Knight, Elizabeth)
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Filing 12
Fed. R. Civ. P. 26(a)(1) Agreement . Filed by David Burns. (Chambers, John)
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Filing 11
Joint Rule 26(f) Report and Discovery Plan Joint Discovery Plan and Proposed Case Management Schedule. Filed by David Burns. (Chambers, John)
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Filing 10
ORDER - On May 15, 2023, Defendants filed an Amended Motion to Dismiss, ECF #7 . Plaintiff's response to the Amended Motion to Dismiss is due May 30, 2023. On May 25, 2023, Defendants filed a Second Motion to Dismiss. Plaintiff's response to the Second Motion to Dismiss is due June 8, 2023. Defendants state in their Second Motion to Dismiss that the parties have agreed that Plaintiff's response to the Amended Motion to Dismiss should be extended so that both responses are due on the same date, June 8, 2023. Pursuant to Local Rule 29-1, parties may not change a filing deadline by stipulation. The Court thus construes this statement as a joint motion for extension of time for Plaintiff to file his response to Defendant's Amended Motion to Dismiss. The Court GRANTS the motion as construed. Plaintiff's response to Defendants' Amended Motion to Dismiss, ECF #7 , is due by June 8, 2023, the same date on which Plaintiff's response to Defendants' Second Motion to Dismiss, ECF #9 , is due. Ordered by Judge Michael H. Simon. (mja)
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Filing 9
Second Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by All Defendants. (Mullins, Scott)
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Filing 8
Response in Opposition to Motion to Intervene #5 Oral Argument requested. Filed by David Burns. (Chambers, John)
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Filing 7
Amended Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit Exhibit 1 - Order re Fair Value of Shares) (Mullins, Scott)
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Filing 6
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit Order re Fair Value of Shares) (Mullins, Scott)
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Filing 5
Motion to Intervene . Oral Argument requested. Filed by Agua Holdings, Inc.. (Coyle, Christopher)
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Filing 4
Notice of Appearance of Elizabeth C. Knight, Lauren J. Russell appearing on behalf of David Burns. Filed by on behalf of David Burns. (Knight, Elizabeth)
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Filing 3
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 8/8/2023. Joint Alternate Dispute Resolution Report is due by 9/7/2023. Pretrial Order is due by 9/7/2023. Ordered by Judge Michael H. Simon. (eo)
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Filing 2
Motions to Remand to State Court with Responses, Replies, and Other Briefing. Filed by David Burns. (eo) (NOTE: The remand issue was denied by Order #9 in case 3:23-mc-201 SI by Judge Simon on 4/10/23. A copy of the order is attached to entry #1 in this case.)
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Filing 1
Notice of Removal of Case Number 22CV43049 from Multnomah County Circuit Court per Order entered in case 3:21-mc-201 SI. Filed by James Thuney, Joe Thuney. (Attachments: #1 Order by Judge Michael H. Simon in case 3:21-mc-201 SI). (eo)
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