Derry v. EDM Enterprises, Inc. et al
| Michelle Derry |
| EDM Enterprises, Inc. and Alex Arias |
| 6:2009cv06187 |
| June 30, 2009 |
| U.S. District Court for the District of Oregon |
| Eugene Office |
| Marion |
| Thomas M Coffin |
| Civil Rights: Employment |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 15, 2010. A more recent docket listing may be available from PACER.
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Filing 103
Order of Dismissal. Signed on 10/14/10 by Magistrate Judge Thomas M. Coffin. (ljb)
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Filing 102
Scheduling Order by Magistrate Judge Thomas M. Coffin. The parties have informed the court that this matter has settled. At the request of the parties, Jury Trial, Pretrial conference, and all associated deadlines are vacated. Upon completion of the settlement agreement, the parties shall file a stipulated order of dismissal with the court. If the stipulated order of dismissal is not filed within 120 days, the parties shall file a Joint Status Report by 1/31/2011. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 101 MINUTES of Proceedings: Scheduling Conference. Michael Knapp's Motion to Withdraw as Counsel of Record for Defendant Alex Arias #95 is Granted. Mr. Knapp shall convey this order to Defendant Alex Arias and shall provide the court in writing with Mr. Arias' contact information. Abbreviated Pretrial Order and Pretrial Documents, which include witness and exhibit lists that set forth names of witnesses, brief summary of anticipated testimony, and length of testimony; trial memoranda; proposed verdict form, jury instructions, and voir dire; and bench copy of exhibits in a 3-ring binder, are due by 12/23/2010. Plaintiff shall use exhibit #1-100; Defendant shall use #101-200. The original trial exhibits shall be tendered to the court in a 3-ring binder the morning of trial. Pretrial Conference is set for 1/6/2011 at 03:00PM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Estimated 3-day Jury Trial is set for 1/19/2011 at 09:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Kevin Lafky present as counsel for plaintiff. John Rothermich, Michael Knapp present as counsel for defendant(s). Magistrate Judge Thomas M. Coffin presiding. (plb) |
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Filing 100
ORDER: Motion to Dismiss #47 , Motion for Summary Judgment #49 and Motion for Summary Judgment #53 are allowed to the extent that the retaliation claims, the wrongful discharge claim, the intentional infliction of emotional distress claims, and the reckless infliction of emotional distress claims are dismissed. The remainder of the motions are denied. The remaining claims are ready for trial. Signed on 9/13/2010 by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 99
Scheduling Order by Magistrate Judge Thomas M. Coffin. Scheduling Conference is reset for 9/14/2010 from 10:00AM to 10:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 98 Declaration of Zina Feldman in Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 97 Supplemental Declaration of Edwin Morgan in Further Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 96 Declaration of Michael Knapp in Support of his Motion to Withdraw as Counsel of Record for Defendant Alex Arias. Filed by Alex Arias. (Related document(s): Motion to Withdraw #95 .) (Attachments: #1 Attachment Statement of Alex Arias) (Knapp, Michael) |
| Filing 95 Motion to Withdraw as Counsel of Record for Defendant Alex Arias. Filed by Alex Arias. (Knapp, Michael) |
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Filing 94
Scheduling Order by Magistrate Judge Thomas M. Coffin. Scheduling Conference to set Jury Trial and other associated dates/deadlines is set for 9/14/2010 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 93 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment #49 , Motion for Summary Judgment #53 , Motion to Dismiss #47 . Supplemental materials are due by 8/25/2010. Motion is taken under advisement as of 8/30/2010. Jury Trial set for 11/9/2010 and Pretrial Conference set for 10/26/2010 are vacated. Scheduling Conference to reset Jury Trial will be set by separate order. Kevin Lafky present as counsel for plaintiff. John Rothermich, Michael Knapp present as counsel for defendants. Court Reporter: Christine Oljace. Magistrate Judge Thomas M. Coffin presiding. (plb) |
| Filing 92 Reply to Plaintiff's Response to EDM's Concise Statement of Material Facts in Support of Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Response to Concise Statement of Material Facts #83 .) (Rothermich, John) |
| Filing 91 Supplemental Declaration of John C. Rothermich in Support of Defendant EDM Enterprises, Inc.'s Summary Judgment Reply #90 . Filed by EDM Enterprises, Inc.. (Rothermich, John) |
| Filing 90 Reply Memorandum in Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 89 Reply Memorandum in Support of His Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress. Filed by Alex Arias. (Related document(s): Motion for Summary Judgment #49 .) (Knapp, Michael) |
| Filing 88 Reply Memorandum in Support of His Motion to Dismiss Plaintiff's Fifth Claim For Relief. Filed by Alex Arias. (Related document(s): Motion to Dismiss #47 .) (Knapp, Michael) |
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Filing 87
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 , Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress #49 , Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress #47 : At the request of the parties, Oral Argument is reset for 8/11/2010 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 86
ORDER: Granting Motion for Extension of Time #84 . Pretrial Order is due by 10/8/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 85 Declaration of Kevin T. Lafky in Support of Plaintiff's Unopposed Motion for Extension of Time to Submit Pretrial Order. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time #84 .) (Lafky, Kevin) |
| Filing 84 Unopposed Motion for Extension of Time to Submit Pretrial Order. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
| Filing 83 Response to Concise Statement of Material Facts regarding Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 . Filed by Michelle Derry. (Lafky, Kevin) |
| Filing 82 Memorandum in Support in Support of Plaintiff's Response to Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #79 .) (Lafky, Kevin) |
| Filing 81 Declaration of Leslie Gomez in Support of Plaintiff's Response to Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #79 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lafky, Kevin) |
| Filing 80 Declaration of Michelle Derry in Support of Plaintiff's Response to Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #79 .) (Attachments: #1 Exhibit 1) (Lafky, Kevin) |
| Filing 79 Response (titled, "Plaintiff's Response to Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment") to Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 Oral Argument requested. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
| Filing 78 Memorandum in Support of Plaintiff's Response to Defendant Alex Arias's Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #75 .) (Lafky, Kevin) |
| Filing 77 Declaration of Leslie Gomez in Support of Plaintiff's Response to Defendant Alex Arias's Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #75 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lafky, Kevin) |
| Filing 76 Declaration of Michelle Derry in Support of Plaintiff's Response to Defendant Alex Arias's Motion for Summary Judgment. Filed by Michelle Derry. (Related document(s): Response to Motion, #75 .) (Attachments: #1 Exhibit 1) (Lafky, Kevin) |
| Filing 75 Response (titled, "Plaintiff's Response to Defendant Alex Arias's Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault, and Intentional Infliction of Emotional Distress") to Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress #49 Oral Argument requested. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
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Filing 74
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 , Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress #49 , Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress #47 . Oral Argument is reset for 8/6/2010 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 73
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress #47 . Oral Argument is reset for 7/22/2010 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 72
ORDER: Granting Motion for Extension of Time to File Response/Reply #64 ; Granting Motion for Extension of Time #66 ; Granting Motion to Amend/Correct #68 ; Granting Motion to Amend/Correct #70 . Response to Motions for Summary Judgment #49 #53 are due by 6/21/2010. Replies are due by 7/9/2010. Oral Argument is reset for 7/22/2010 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Plaintiff's Expert Disclosures must be completed by 6/7/2010. Defendant's Expert Disclosures must be completed by 7/15/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 71 Amended Declaration of Kevin T. Lafky. Filed by Michelle Derry. (Related document(s): Motion to Amend/Correct #70 .) (Lafky, Kevin) |
| Filing 70 Motion to Amend/Correct Motion for Extension of Time to File Response/Reply to a Motion, #64 . Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
| Filing 69 Amended Declaration of Kevin T. Lafky. Filed by Michelle Derry. (Related document(s): Motion to Amend/Correct #68 .) (Lafky, Kevin) |
| Filing 68 Motion to Amend/Correct Motion for Extension of Time #66 . Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
| Filing 67 Declaration of Kevin T. Lafky. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time #66 .) (Lafky, Kevin) |
| Filing 66 Unopposed Motion for Extension of Time for Expert Disclosure Deadline. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
| Filing 65 Declaration of Kevin T. Lafky. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #64 .) (Lafky, Kevin) |
| Filing 64 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 , Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress #49 . Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
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Filing 63
ORDER: Granting Motion for Extension of Time #61 . Plaintiff's Initial Expert Disclosures must be completed by 6/1/2010. Defendants' Initial Expert Disclosure must be completed by 7/15/2010. Expert Disclosure must be completed by 8/2/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 62 Declaration of Leslie Gomez in Support of Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadlines. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time #61 .) (Gomez, Leslie) |
| Filing 61 Unopposed Motion for Extension of Time of Expert Disclosure Deadlines. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Gomez, Leslie) |
| Filing 60 MINUTES of Proceedings: Settlement Conference. Matter does not settle. Plaintiff's latest offer will remain open for 7 days. Plaintiff's response to dispositive motions is due by 5/28/2010. Kevin Lafky present as counsel for plaintiff. John Rothermich, Michael Knapp present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (plb) |
| Filing 59 Memorandum in Support of Defendant Alex Arias' Motion to Dismiss Plaintiff's Fifth claim for Relief. Filed by Alex Arias. (Related document(s): Motion to Dismiss #47 .) (Knapp, Michael) |
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Filing 58
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment #53 , Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress #49 , Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress #47 . Oral Argument is set for 6/17/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 57 Declaration of John C. Rothermich in Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 56 Declaration of Edwin Morgan in Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 55 Concise Statement of Material Fact Titled: Defendant EDM Enterprises, Inc.'s Concise Statement of Material Facts in Support of Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 54 Memorandum in Support of Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Summary Judgment #53 .) (Rothermich, John) |
| Filing 53 Motion for Summary Judgment Titled: Defendant EDM Enterprises, Inc.'s Motion for Summary Judgment. Oral Argument requested. Filed by EDM Enterprises, Inc.. (Rothermich, John) |
| Filing 52 Memorandum in Support of Plaintiff's Response to Defendant Arias' Motion to Dismiss. Filed by Michelle Derry. (Related document(s): Response to Motion #51 .) (Percell, Haley) |
| Filing 51 Response to Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress #47 . Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Percell, Haley) |
| Filing 50 Memorandum in Support of His Motion for Summary Judgment. Filed by Alex Arias. (Related document(s): Motion for Summary Judgment #49 .) (Knapp, Michael) |
| Filing 49 Motion for Summary Judgment on Plaintiff's Claims for Battery, Assault and Intentional Infliction of Emotional Distress. ORAL ARGUMENT requested. Filed by Alex Arias. (Knapp, Michael) |
| Filing 48 Memorandum in Support of Defendant Alex Arias' Motion to Dismiss Plaintiff's Fifth Claim for Relief. Filed by Alex Arias. (Related document(s): Motion to Dismiss #47 .) (Knapp, Michael) |
| Filing 47 Motion to Dismiss Plaintiff's Claim for Negligent Infliction of Emotional Distress. Filed by Alex Arias. (Knapp, Michael) |
| Filing 46 Answer to Amended Complaint Titled: Defendant EDM Enterprises, Inc.'s Answer and Affirmative Defenses to Plaintiff's First Amended Complaint. Filed by EDM Enterprises, Inc.. (Rothermich, John) |
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Filing 45
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 4/28/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a partys case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by 5:00 PM, 4/21/2010, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT.Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 44 Acknowledgement of Service of Amended Complaint #40 on Alex Arias served on 3/15/2010 Filed by Michelle Derry. (Percell, Haley) |
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Filing 43
ORDER: Granting Motion for Extension of Time #41 . Defendant's deadline to make initial expert disclosures is June 11, 2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 42 Declaration of John C. Rothermich in Support of Defendant EDM Enterprises, Inc.'s Unopposed Motion to Extend Deadline for Defendants' Initial Expert Disclosures. Filed by EDM Enterprises, Inc.. (Related document(s): Motion for Extension of Time #41 .) (Rothermich, John) |
| Filing 41 Unopposed Motion for Extension of Time Titled: Defendant EDM Enterprises, Inc.'s Unopposed Motion to Extend Deadline for Defendants' Initial Expert Disclosures. Filed by EDM Enterprises, Inc.. (Rothermich, John) |
| Filing 40 First Amended Complaint.Filed by Michelle Derry against EDM Enterprises, Inc., Alex Arias. (Percell, Haley) |
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Filing 39
ORDER: Granting Motion for Extension of Time #36 ; Granting Motion for Leave to File Amended Complaint/Petition #37 ; Granting Motion for Extension of Time #33 . Discovery is to be completed by 3/22/2010. Joint Alternate Dispute Resolution Report is due by 3/1/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 38 Memorandum in Support of Plaintiff's Motion for Leave to File First Amended Complaint. Filed by Michelle Derry. (Related document(s): Motion for Leave to File Amended Complaint/Petition #37 .) (Percell, Haley) |
| Filing 37 Unopposed Motion for Leave to File Amended Complaint/Petition. Filed by Michelle Derry. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Certificate of Service) (Percell, Haley) |
| Filing 36 Stipulated Motion for Extension of Time to Complete Discovery. Filed by Michelle Derry. (Percell, Haley) |
| Filing 35 Joint ADR Report. Filed by Michelle Derry.(Percell, Haley) |
| Filing 34 Declaration of Haley Percell in Support of Plaintiff's Unopposed Motion for Extension of Time of Discovery and Joint ADR Deadlines. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time #33 .) (Percell, Haley) |
| Filing 33 Unopposed Motion for Extension of Time of Discovery and Joint ADR Deadlines. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Percell, Haley) |
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Filing 32
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #30 . Discovery is to be completed by 2/18/2010. Joint Alternate Dispute Resolution Report is due by 2/18/2010. Pretrial Order is due by 7/8/2010. Dispositive Motions are due by 4/21/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 31 Declaration of Scott Howell in Support of Plaintiff's Unopposed Motion for Extension of Time of Discovery and all Pretrial Deadlines. Filed by Michelle Derry. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #30 .) (Howell, Scott) |
| Filing 30 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Howell, Scott) |
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Filing 29
ORDER: Granting Motion for Extension of Time #26 . Initial Expert Disclosure must be completed by 4/30/2010. Exchange of Expert Witness Statements must be completed by 6/28/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 28 Response to Unopposed Motion for Extension of Time (titled "Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadlines") #26 . Filed by EDM Enterprises, Inc.. (Rothermich, John) |
| Filing 27 Declaration of Scott Howell in Support of Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadlines. Filed by Michelle Derry. (Related document(s): Motion for Extension of Time #26 .) (Howell, Scott) |
| Filing 26 Unopposed Motion for Extension of Time (titled "Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadlines"). Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Howell, Scott) |
| Filing 25 MINUTES of Proceedings: Telephone Status Conference. Pretrial Conference is set for 10/26/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Estimated 4-day Jury Trial is set for 11/9/2010 at 09:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Scott Howell present as counsel for plaintiff. Eric Lindenauer, Michael Knapp present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (plb) |
| Filing 24 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ljb) |
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Filing 23
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #21 . Discovery is to be completed by 1/19/2010. Joint Alternate Dispute Resolution Report is due by 1/19/2010. Pretrial Order is due by 6/8/2010. Dispositive Motions are due by 3/22/2010. All other pretrial deadlines and conferences are vacated. Jury Trial set for 5/18/2009 is vacated. Scheduling Conference to reset Jury Trial and other pretrial deadlines is set for 12/16/2009 at 10:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 22 Declaration of Scott Howell in Support of Plaintiff's Unopposed Motion for Extention of Discovery and All Pretrial Deadlines. Filed by Michelle Derry. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #21 .) (Howell, Scott) |
| Filing 21 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Howell, Scott) |
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Filing 20
ORDER: Finding as Moot Motion for a Protective Order #12 . Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 19
ORDER: Granting Motion to Strike Documents 12 and 13 From the Docket. Signed on 10/8/09 by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 18 Declaration of Haley Percell in Support of Plaintiff's Motion to Strike Documents 12 and 13 From the Docket. Filed by Michelle Derry. (Related document(s): Motion to Strike #17 .) (Percell, Haley) |
| Filing 17 Motion to Strike Documents 12 and 13 From the Docket Unopposed Motion for Protective Order #12 . Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Percell, Haley) |
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Filing 16
ORDER: Granting Motion for a Protective Order #14 . Signed on 10/7/09 by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 15 Stipulated Stipulation re Unopposed Motion for Protective Order #14 by Michelle Derry. Filed by Michelle Derry. (Howell, Scott) |
| Filing 14 Unopposed Motion for Protective Order. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Howell, Scott) |
| Filing 13 Stipulated Stipulation re Unopposed Motion for Protective Order #12 by Michelle Derry. Filed by Michelle Derry. (Howell, Scott) |
| Filing 12 Unopposed Motion for Protective Order. Filed by Michelle Derry. (Attachments: #1 Certificate of Service) (Howell, Scott) |
| Filing 11 MINUTES of Proceedings: Telephonic Rule 16 Conference held 8/4/09. Ordered case deadlines are set as follows: Joint Alternate Dispute Resolution Report is due by 11/30/2009. Discovery is to be completed by 11/30/2009. Dispositive Motions are due by 1/29/2010. Exchange of Expert Witness Statements must be completed by 2/26/2010 (plaintiff's disclosures 12/31/09; defendants' disclosures by 2/26/2010). Pretrial Order is due by 4/19/2010. Pretrial Documents are due by 4/19/2010 (which include witness and exhibit lists that set forth names of witnesses, brief summary of anticipated testimony, and length of testimony; trial memoranda; proposed verdict form, jury instructions, and voir dire; and bench copy of exhibits in a 3-ring binder). Plaintiff shall use exhibit #1-100; Defendant shall use #101-200. The original trial exhibits shall be tendered to the court in a 3-ring binder the morning of trial.). Pretrial Conference is set for 5/6/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. 3-4 day Jury Trial is set for 5/18/2010 at 09:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Kevin Lafky, Haley Percell present as counsel for plaintiff(s). Eric Lindenauer, Michael Knapp present as counsel for defendant(s). Magistrate Judge Thomas M. Coffin presiding. (cw) |
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Filing 10
Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is reset for 8/4/2009 at 09:15AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (cw)
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| Filing 9 Notice of Appearance of Haley E. Percell appearing on behalf of Michelle Derry.Filed by on behalf of Michelle Derry. (Attachments: #1 Certificate of Service) (Percell, Haley) |
| Filing 8 Notice of Appearance of Kevin T. Lafky appearing on behalf of Michelle Derry.Filed by on behalf of Michelle Derry. (Attachments: #1 Certificate of Service) (Lafky, Kevin) |
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Filing 7
Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is set for 8/3/2009 at 09:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Thomas M. Coffin. (cw)
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| Filing 6 Answer (First Amended Answer and Affirmative Defenses) (Related Doc. #1 ). Filed by EDM Enterprises, Inc.. (Rothermich, John) |
| Filing 5 Answer (Related Doc. #1 ). Filed by Alex Arias. (Knapp, Michael) |
| Filing 4 Answer Defendant EDM Enterprises, Inc.'s Answer and Affirmative Defenses (Related Doc. #1 ). Filed by EDM Enterprises, Inc.. (Lindenauer, Eric) |
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Filing 3
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Thomas M. Coffin. Discovery is to be completed by 11/2/2009. Joint Alternate Dispute Resolution Report is due by 11/30/2009. Pretrial Order is due by 11/30/2009. Ordered by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 2 Corporate Disclosure Statement. Filed by EDM Enterprises, Inc.. (ljb) |
| Filing 1 Notice of Removal of Case Number 09C15787 from Marion County Oregon Circuit Court. Filing Fee in amount of $350 collected. Receipt No. 600004447 issued.Filed by Michelle Derry against all defendants. (ljb) |
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