Krefting v. Kaye-Smith Enterprises Inc et al
| Richard Krefting |
| Kaye-Smith Enterprises Inc and Boeing Employee Credit Union |
| Richard Smith |
| 3:2023cv01164 |
| August 9, 2023 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Jeff Armistead |
| Personal Injury: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 71 Notice of Attorney Substitution: Timothy J. Repass is substituted as counsel of record in place of Attorney Kellan W Byrne . Filed by on behalf of Kaye-Smith Enterprises Inc. (Repass, Timothy) |
Filing 70
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #68 for Attorney Ari Brown. Ordered by United States Magistrate Judge Jeff Armistead. (pjg)
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| Filing 69 Notice of Attorney Withdrawal (via email) by Attorneys Jesse Lee Tayler and Christopher T. Wion. (pjg) |
| Filing 68 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ari Brown. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9094423. Filed by Richard Krefting. (Brown, Ari) |
| Filing 67 Clerk's Notice of Mailing and emailing regarding Order 66 to Attorneys Patrick B. Reddy, Timothy W. Emery, Ari Y. Brown, Timothy J. Repass, Kellan W. Byrne, Jesse Lee Taylor and Christopher T. Wion. (pjg) |
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Filing 66
ORDER: A Notice to Non-Admitted Counsel 49 was filed on 8/9/2023. On 9/11/2023, the court directed any non-admitted counsel to comply with that Notice 60 . To date, the following counsel have not complied with Local Rule 83 and are directed to comply by September 29, 2023: Plaintiffs counsel: Attorneys Patrick B. Reddy, Timothy W. Emery; Intervenor Plaintiffs counsel: Attorney Ari Y. Brown; Defendants counsel: Attorneys Timothy J. Repass, Kellan W. Byrne, Jesse Lee Taylor, Christopher T. Wion. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ari Brown. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9094423 #68 : Reviewed and Ready for Ruling. (dino) |
| Filing 65 Notice of Appearance of Paul B. Barton appearing on behalf of Richard Krefting. Filed by on behalf of Richard Krefting. (Barton, Paul) |
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Filing 64
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #63 for Attorney Amanda Brooke Murphy. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 63 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amanda Brooke Murphy. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9087649. Filed by Richard Krefting. (Murphy, Amanda) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amanda Brooke Murphy. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9087649 #63 : Reviewed and Ready for Ruling. (dino) |
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Filing 62
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #61 for Attorney William B. Federman. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 61 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney William B. Federman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9086606. Filed by Richard Krefting. (Federman, William) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney William B. Federman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9086606 #61 : Reviewed and Ready for Ruling. (dino) |
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Filing 60
Scheduling Order: The court directs any non-admitted counsel to file a Motion for Leave to Appear Pro Hac Vice and obtain local counsel as set forth in the NOTICE TO NON-ADMITTED COUNSEL 49 by 9/20/2023. Once that is accomplished, a status conference will be set to address the status of the case and any motions that were stayed before this case was transferred to our district. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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Filing 59
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #58 for Attorney Timothy D Shea. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 58 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy D Shea. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9066639. Filed by Kaye-Smith Enterprises Inc. (Shea, Timothy) |
| Filing 57 Notice of Appearance of Timothy J. Repass appearing on behalf of Kaye-Smith Enterprises Inc . Filed by on behalf of Kaye-Smith Enterprises Inc. (Repass, Timothy) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy D Shea. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9066639 #58 : Reviewed and Ready for Ruling. (dino) |
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Filing 56
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #55 for Attorney Amber Thomson. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 55 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amber Thomson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9063373. Filed by Boeing Employee Credit Union. (Thomson, Amber) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amber Thomson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9063373 #55 : Reviewed and Ready for Ruling. (dino) |
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Filing 54
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #53 for Attorney Marcus A. Christian. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 53 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marcus A Christian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9045724. Filed by Boeing Employee Credit Union. (Christian, Marcus) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marcus A Christian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9045724 #53 : Reviewed and Ready for Ruling. (dino) |
| Filing 52 Answer to #1 Complaint, with Jury Demand. Filer is subject to the requirements of Fed. R. Civ. P. 7.1 . Filed by Boeing Employee Credit Union. (Kampars, Nicholas) |
| Filing 51 Notice of Appearance of Nicholas A. Kampars appearing on behalf of Boeing Employee Credit Union. Filed by on behalf of Boeing Employee Credit Union. (Kampars, Nicholas) |
| Filing 50 Notice of Case Assignment: This case is assigned to Magistrate Judge Jeff Armistead. (eo) |
| Filing 49 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the Western District of Washington. 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. (eo) |
| Filing 48 Case transferred in from District of Washington Western; Case Number 2:23-cv-00220. Electronic file received. |
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Filing 47
MINUTE ORDER: The Court has STAYED consideration of all currently pending motions in this matter. After this case is assigned to a judge in the District of Oregon, the parties may contact the newly assigned judge to establish a briefing schedule on the currently pending motions (Dkt. Nos. #42 , #43 ). The Court directs the Clerk to transfer this case immediately to the District of Oregon. Authorized by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Case transferred to the District of Oregon by electronic case transfer on 8/9/2022. (SB) [Transferred from Washington Western on 8/9/2023.] |
| Filing 46 RESPONSE, by Plaintiff Richard Krefting, to #42 MOTION to Dismiss . (Federman, William) [Transferred from Washington Western on 8/9/2023.] |
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Filing 45
ORDER granting Defendant's #17 Motion for Leave for Limited Intervention to Transfer or Stay Action. Smith is GRANTED limited intervention pursuant to Fed. R. Civ. P. 24(b)(1)(b). Krefting's case and all pending motions are TRANSFERRED to the District of Oregon. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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Filing 44
ORDER granting in part and denying in part Defendant's #24 Motion to Dismiss. Plaintiff's implied contract and unjust enrichment claims against BECU are dismissed with prejudice. Plaintiff's negligence claim, to the extent it relies on BECU's alleged failure to notify him about the Data Breach is also dismissed with prejudice. But Plaintiff's third-party beneficiary claims against BECU is dismissed without prejudice. To the extent Plaintiff wishes to file an amended complaint, he must comply with the Civil and Local Rules. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Filing 43 MOTION to Stay Proceedings, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 8/18/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 42 MOTION to Dismiss , filed by Defendant Kaye-Smith Enterprises Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/4/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 41 NOTICE re #39 Order on Stipulated Motion,,, Terminate Deadlines and Hearings,, ; filed by Plaintiff Richard Krefting. (Federman, William) [Transferred from Washington Western on 8/9/2023.] |
| Filing 40 STATUS REPORT Re. Mediation by Defendant Kaye-Smith Enterprises Inc (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
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Filing 39
ORDER granting Parties' #35 Third Stipulated MOTION Re Discovery & Response Deadlines. The deadlines for exchanging initial disclosures and filing pleadings responsive to the complaint are stayed as to Kaye-Smith Enterprises Inc. until after the mediation has been held. The parties are directed to confirm whether they have selected a mediator and to provide the Court with their confirmed mediation date by 6/23/2023. In the event mediation is not successful, Kaye-Smith's response to the complaint is due within five (5) business days following mediation. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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Filing 38
ORDER REASSIGNING CASE. Upon review of the file in this matter, the Court finds cause for reassignment. This case shall now be reassigned to the Honorable Jamal N. Whitehead, United States District Judge. All future pleadings filed in this case should reflect Judge Whiteheads name and cause number: C23-220-JNW. Case reassigned to Judge Jamal N Whitehead for all further proceedings. Judge Ricardo S. Martinez no longer assigned to case. Signed by Judge Ricardo S. Martinez. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Filing 37 Second DECLARATION of Christopher T. Wion filed by Defendant Boeing Employee Credit Union re #24 MOTION to Dismiss Complaint (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 36 REPLY, filed by Defendant Boeing Employee Credit Union, TO RESPONSE to #24 MOTION to Dismiss Complaint (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 35 Third Stipulated MOTION Re. Discovery & Response Deadlines, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 6/12/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 34 RESPONSE, by Plaintiff Richard Krefting, to #24 MOTION to Dismiss Complaint. (Federman, William) [Transferred from Washington Western on 8/9/2023.] |
| Filing 33 MOTION to Stay Discovery, filed by Defendant Boeing Employee Credit Union. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 6/9/2023, (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
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Filing 32
ORDER granting Parties' #30 Stipulated MOTION for Extension of Time. Plaintiff shall file a response to BECU's motion to dismiss on or before 6/6/2023. BECU shall file its reply in support of its motion to dismiss on or before 6/13/2023. Signed by Judge Ricardo S. Martinez. (SB) [Transferred from Washington Western on 8/9/2023.]
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Filing 31
ORDER granting Parties' #29 Second Stipulated MOTION Regarding Discovery and Response Deadline. The deadline to respond to the complaint, pre-trial deadlines, and all discovery deadlines, including initial disclosures are extended as to Kaye-Smith by 14 days. This extension moves Kaye-Smith's deadline to respond to the complaint from 5/29/2023 to 6/12/2023. Signed by Judge Ricardo S. Martinez. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Filing 30 Stipulated MOTION for Extension of Time, filed by Defendant Boeing Employee Credit Union. Noting Date 5/26/2023, (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 29 Second Stipulated MOTION Re. Response Deadline by Plaintiff and, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 5/26/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 28 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 5 to 14. Filed by Plaintiff Richard Krefting.(Federman, William) [Transferred from Washington Western on 8/9/2023.] |
| Filing 27 REPLY, filed by Intervenor Plaintiff Richard Smith, TO RESPONSE to #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action (Brown, Ari) [Transferred from Washington Western on 8/9/2023.] |
| Filing 26 RESPONSE, by Defendant Boeing Employee Credit Union, to #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Krefting(pty:pla). (Wion, Christopher) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 25 DECLARATION of Christopher T. Wion filed by Defendant Boeing Employee Credit Union re #24 MOTION to Dismiss Complaint (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 24 MOTION to Dismiss Complaint, filed by Defendant Boeing Employee Credit Union. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 6/2/2023, (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
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Filing 23
ORDER granting Parties' #19 Stipulated MOTION Re Discovery & Response Deadline. All discovery deadlines, including initial disclosures are extended as to Kaye-Smith by 21 days. Kaye-Smith's deadline to respond to the complaint is now May 29, 2023. Signed by Judge Ricardo S. Martinez. (LH) [Transferred from Washington Western on 8/9/2023.]
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| Filing 22 DECLARATION of William B. Federman filed by Plaintiff Richard Krefting re #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Krefting(pty:pla). (Emery, Timothy) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 21 RESPONSE, by Plaintiff Richard Krefting, to #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Krefting(pty:pla). (Emery, Timothy) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 20 RESPONSE, by Defendant Kaye-Smith Enterprises Inc, to #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Krefting(pty:pla). (Shea, Timothy) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 19 Stipulated MOTION Re. Discovery & Response Deadline, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 5/5/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 18 NOTICE that the following is RE-NOTED: #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Krefting(pty:pla). Filed by Intervenor Plaintiff Richard Smith Richard Krefting. Noting Date 5/12/2023, (Heenan, John) Modified Parties on 4/21/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Noting Date Set/Reset re #17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action; Noting Date 4/28/2023 (MJV) [Transferred from Washington Western on 8/9/2023.] |
| Filing 17 MOTION to Intervene For Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Smith(intvp:pty) Richard Krefting(pty:pla), filed by Intervenor Plaintiff Richard Smith Richard Krefting. (Attachments: #1 Exhibit Declaration of John Heenan, #2 Proposed Order) Noting Date 5/12/2023 4/28/2023 4/13/2023, (Brown, Ari) Modified Noting Date on 4/14/2023 (MJV). Modified Noting Date and Parties on 4/21/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
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Filing 16
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Ricardo S. Martinez. Joint Status Report due by 5/18/2023, FRCP 26(f) Conference Deadline is 5/4/2023, Initial Disclosure Deadline is 5/11/2023. (LC) [Transferred from Washington Western on 8/9/2023.]
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Filing 15
ORDER re #14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marcus A Christian for Defendant Boeing Employee Credit Union by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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| Attorney Jesse Lee Taylor added for Boeing Employee Credit Union; per #12 Notice of Appearance. (MJV) [Transferred from Washington Western on 8/9/2023.] |
| Filing 14 APPLICATION OF ATTORNEY Marcus A. Christian FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Boeing Employee Credit Union (Fee Paid) Receipt No. AWAWDC-7954874 (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Boeing Employee Credit Union. (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 12 NOTICE of Appearance by attorney Christopher T Wion on behalf of Defendant Boeing Employee Credit Union. (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Attorney Kellan W Byrne added for Kaye-Smith Enterprises Inc per the filing of Defendant's #9 Notice of Appearance. (SB) [Transferred from Washington Western on 8/9/2023.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Kaye-Smith Enterprises Inc. (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Kaye-Smith Enterprises Inc. (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 9 NOTICE of Appearance by attorney Timothy D Shea on behalf of Defendant Kaye-Smith Enterprises Inc. (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 8 WAIVER OF SERVICE of Summons upon defendant Kaye-Smith Enterprises Inc mailed on 3/8/2023 (Federman, William) [Transferred from Washington Western on 8/9/2023.] |
| Filing 7 WAIVER OF SERVICE of Summons upon defendant Boeing Employee Credit Union mailed on 3/8/2023 (Federman, William) [Transferred from Washington Western on 8/9/2023.] |
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Filing 6
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney William B Federman for Plaintiff Richard Krefting by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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Filing 5
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney A Brooke Murphy for Plaintiff Richard Krefting by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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| Filing 4 APPLICATION OF ATTORNEY William B. Federman FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Richard Krefting (Fee Paid) Receipt No. AWAWDC-7900212 (Emery, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 3 APPLICATION OF ATTORNEY A. Brooke Murphy FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Richard Krefting (Fee Paid) Receipt No. AWAWDC-7900198 (Emery, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 2 Summons(es) Electronically Issued as to defendant(s) Boeing Employee Credit Union, Kaye-Smith Enterprises Inc (Attachments: #1 Summons) (CR) [Transferred from Washington Western on 8/9/2023.] |
| Judge Ricardo S. Martinez added. (CR) [Transferred from Washington Western on 8/9/2023.] |
| Filing 1 COMPLAINT against defendant(s) Boeing Employees' Credit Union, Kaye-Smith Enterprises, Inc. with JURY DEMAND (Receipt # BWAWDC-7895918), filed by Richard Krefting. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Emery, Timothy) (Attachment 1 replaced on 2/21/2023 due to malformed PDF) (CDA). [Transferred from Washington Western on 8/9/2023.] |
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