Barclay v. U.S. Airways, Inc

Plaintiff: Edward B. Barclay
Defendant: U.S. Airways, Inc, Stevan Gressit and John Doe Number 2
Case Number: 6:2011cv06260
Filed: August 19, 2011
Court: US District Court for the District of Oregon
Office: Eugene Office
Presiding Judge: Thomas M Coffin
Nature of Suit: Airplane Personal Injury
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2013 Filing 68 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (plb)
May 29, 2013 Filing 67 MINUTES of Proceedings: Settlement Conference held by Judge Acosta. This matter has reached a settlement. Any further direction to the parties will be communicated by Judge Coffin's staff. Thomas Flaherty present as counsel for plaintiff(s). Stuart Smith, Timothy Miller present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg)
February 25, 2013 Filing 66 SCHEDULING ORDER by Judge Acosta - SETTING a Settlement Conference for Wednesday, May 29, 2013, at 9:00AM, in Judge Acosta's chambers on the 11th floor of the Mark O. Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204. Plaintiff to arrive at 9:00AM, and Defendant to arrive at 9:30AM. (peg)
February 12, 2013 Filing 65 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #64 . Discovery is to be completed by 4/15/2013. Dispositive Motions are due by 5/15/2013. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 6/14/2013 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
February 12, 2013 Filing 64 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart)
February 1, 2013 Filing 63 Scheduling Order by Magistrate Judge Thomas M. Coffin. Pursuant to the court's order issued on 8/8/2012, Discovery is to be completed by 2/12/2013. Dispositive Motions are due by 3/14/2013. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 4/15/2013 if no dispositive motions are filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
January 13, 2013 Filing 62 ORDER: Adopting Judge Coffin's Findings and Recommendation #59 ; ORDER Denying Defendant's Motion for Summary Judgment #24 ; ORDER Denying Defendant's Motion to Strike (filed as "Defendant US Airways, Inc.'s Reply to Plaintiff's Response to Defendant US Airways, Inc.'s Motion for Summary Judgment") #56 . Signed on 1/13/2013 by Chief Judge Ann L. Aiken. (lg)
December 3, 2012 Filing 61 Objections to Motion for Summary Judgment #24 , Findings & Recommendation: Motion for Summary Judgment #24 should be denied #59 . Filed by U.S. Airways, Inc. (Smith, Stuart)
November 16, 2012 Filing 60 Order referring Motion for Summary Judgment #24 , Findings & Recommendation: Motion for Summary Judgment #24 should be denied #59 to Chief Judge Ann L. Aiken. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
November 16, 2012 Filing 59 Findings & Recommendation: Motion for Summary Judgment #24 should be denied. Objections to the Findings and Recommendation are due by 12/3/2012. Signed on 11/16/2012 by Magistrate Judge Thomas M. Coffin. (plb)
November 6, 2012 Filing 58 Notice of Case Reassignment: This case has been reassigned from Judge Michael R. Hogan to Magistrate Judge Thomas M. Coffin. (eo)
October 12, 2012 Filing 57 Scheduling Order by U.S. District Judge Michael R. Hogan vacating oral argument set 11/6/12. The court will rule on the motion based upon the briefs filed. Motion for Summary Judgment #24 is taken under advisement as of 10/29/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 4, 2012 Filing 56 Reply to Motion for Summary Judgment #24 . Filed by U.S. Airways, Inc. (Attachments: #1 Attachment Declaration of T. Schmidt, #2 Attachment Declaration of S. Batra, #3 Attachment Declaration of G. Muccilli, #4 Exhibit Exhibit D) (Smith, Stuart)
September 4, 2012 Filing 55 ORDER: Granting Motion for Extension of Time to File Reply to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Reply is due by 10/4/2012. Ordered by U.S. District Judge Michael R. Hogan. (cw)
September 4, 2012 Filing 54 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #24 . Filed by U.S. Airways, Inc. (Smith, Stuart)
August 30, 2012 Filing 53 Affidavit of Thomas J. Flaherty in Support of Supplemental Response to Motion for Summary Judgment. Filed by Edward B. Barclay. (Related document(s): Response to Motion #52 .) (Attachments: #1 Attachment, #2 Attachment) (Flaherty, Thomas)
August 30, 2012 Filing 52 Supplemental Response to Motion for Summary Judgment #24 Oral Argument requested. Filed by Edward B. Barclay. (Flaherty, Thomas)
August 27, 2012 Filing 51 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion for Summary Judgment #24 . Oral Argument is set for 11/6/2012 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. The court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 16, 2012 Filing 50 ORDER: Granting Motion to Allow Filing of Supplemental Response to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Response is due by 9/17/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 15, 2012 Filing 49 Unopposed Motion to Allow Filing of Supplemental Response to U.S. Airways' Motion for Summary Judgment. Oral argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment) (Flaherty, Thomas)
August 9, 2012 Filing 48 Affidavit of Thomas J. Flaherty . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order, #10 Exhibit, #11 Supplement, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Flaherty, Thomas)
August 9, 2012 Filing 47 Affidavit of Thomas G. Miller . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas)
August 9, 2012 Filing 46 Affidavit of Kevin A. Darcy . Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas)
August 9, 2012 Filing 45 Affidavit of Robert C. Hulse. Filed by Edward B. Barclay. (Related document(s): Response to Motion #44 .) (Attachments: #1 Exhibit, #2 Exhibit) (Flaherty, Thomas) Modified docket text to enter correct affidavit for Hulse on 8/9/2012 (cib).
August 9, 2012 Filing 44 Response to Motion for Summary Judgment #24 Oral Argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment Index of Exhibits) (Flaherty, Thomas)
August 8, 2012 Filing 43 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #42 . Discovery shall be completed and a joint status report filed 30 days following the court's decision on the pending motion for summary judgment. Dispositive motions shall be filed 30 days following the close of discovery. Ordered by U.S. District Judge Michael R. Hogan. (cw)
August 8, 2012 Filing 42 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart)
July 17, 2012 Filing 41 MINUTES of Proceedings: Telephone hearing on plaintiff's Motion to Compel [#33] and defendant's Motion for Protective Order [#36]. Plaintiff's Motion to Compel [#33], is GRANTED to the extent that plaintiff has agreed to limit questions to a two year period preceding the incident at issue. Defendant's Motion For Protective Order [#36] is DENIED. Thomas Flaherty present as counsel for plaintiff. Stuart Smith, Timothy Miller present as counsel for defendant. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (cw)
June 19, 2012 Filing 40 ORDER: Granting Motion for Extension of Time #39 . Discovery is to be completed by 8/31/2012. Joint Status Report is due by 8/31/2012. Response to motion for summary judgment is due by 8/31/2012. Ordered by U.S. District Judge Michael R. Hogan. (cw)
June 19, 2012 Filing 39 Unopposed Motion for Extension of Time to Complete Discovery, to File Joint Status Report, and for Plaintiff to Respond to U.S. Airways' Motion for Summary Judgment. Filed by Edward B. Barclay. (Flaherty, Thomas)
June 19, 2012 Filing 38 Response to Motion for Protective Order #36 Oral argument requested. Filed by Edward B. Barclay. (Flaherty, Thomas)
June 11, 2012 Filing 37 Order regarding Motion for Protective Order #36 .Telephonic Oral Argument is set for 7/17/2012 at 09:00AM before U.S. District Judge Michael R. Hogan. The court will initiate the call. (cw)
June 6, 2012 Filing 36 Motion for Protective Order . Oral Argument requested. Filed by U.S. Airways, Inc. (Attachments: #1 Memorandum in Support of Motion for Protective Order, #2 Attachment Exhibit A to Memorandum in Support of Motion for Protective Order) (Smith, Stuart)
June 6, 2012 Filing 35 Response to Motion to Compel Discovery by Deposition #33 . Filed by U.S. Airways, Inc. (Smith, Stuart)
June 6, 2012 Filing 34 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion to Compel Discovery by Deposition #33 . Oral Argument is set for 7/17/2012 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. The Court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (jw)
May 23, 2012 Filing 33 Motion to Compel Discovery by Deposition. Oral argument requested. Filed by Edward B. Barclay. (Attachments: #1 Attachment Memorandum of Law, #2 Attachment Exhibit A, #3 Attachment Exhibit B) (Flaherty, Thomas)
May 21, 2012 Filing 32 ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment #24 filed by U.S. Airways, Inc. Response is due by 7/5/2012. Ordered by U.S. District Judge Michael R. Hogan. (jw)
May 21, 2012 Filing 31 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #24 . Filed by Edward B. Barclay. (Attachments: #1 Attachment Memorandum of Law) (Flaherty, Thomas)
May 14, 2012 Filing 30 Declaration of Stuart Smith in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex. 1 to S. Smith Dec, #2 Exhibit Ex. 2 to S. Smith Dec., #3 Exhibit Ex. 3 to S. Smith Dec., #4 Exhibit Ex. 4 to S. Smith Dec.) (Smith, Stuart)
May 14, 2012 Filing 29 Declaration of Ronald Thomas in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Exhibit C to Thomas Dec.) (Smith, Stuart)
May 14, 2012 Filing 28 Declaration of Heather Derks in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex B to Derks Declaration) (Smith, Stuart)
May 14, 2012 Filing 27 Declaration of Michele Marino in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Attachments: #1 Exhibit Ex A to Marino Declaration) (Smith, Stuart)
May 14, 2012 Filing 26 Declaration of Gail McFetridge in Support of US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Smith, Stuart)
May 14, 2012 Filing 25 Memorandum in Support of Defendant US Airways, Inc.'s Motion for Summary Judgment. Filed by U.S. Airways, Inc. (Related document(s): Motion for Summary Judgment #24 .) (Smith, Stuart)
May 14, 2012 Filing 24 Motion for Summary Judgment . Oral Argument requested. Filed by U.S. Airways, Inc. (Smith, Stuart)
March 12, 2012 Filing 23 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #22 to the extent that the parties shall provide disclosure of plaintiff's expert witnesses and reports by 3/20/2012; Provide disclosure of defendant's expert witnesses and reports by 4/20/2012; Exchange rebuttal expert reports by 5/21/2012; Complete all discovery and file Joint Status Report by 6/20/2012; Confer as to Joint ADR Report by 6/20/2012; File all pretrial, discovery and dispositive motions by 7/23/2012. Joint ADR Report and Pretrial Order are due 30 days after the Court's ruling on any dispositive motions. Ordered by U.S. District Judge Michael R. Hogan. (jw)
March 9, 2012 Filing 22 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by U.S. Airways, Inc. (Smith, Stuart)
January 24, 2012 Filing 21 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Strike #9 . Ordered motion is granted. Thomas Flaherty present as counsel for plaintiff. Stuart Smith and Timothy Miller present as counsel for defendant(s).(Court Reporter Deb Wilhelm.) (jw)
January 11, 2012 Filing 20 ORDER: Granting Motion #19 to Extend Deadline. Expert Witness Reports are due by 3/20/2012. Ordered by U.S. District Judge Michael R. Hogan. (jw)
January 10, 2012 Filing 19 Unopposed Motion to Extend Deadline for Submission of Expet Witness Reports. Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment) (Flaherty, Thomas)
January 6, 2012 Filing 18 First Complaint. Jury Trial Requested: Yes.Filed by Edward B. Barclay against Edward B. Barclay. (Flaherty, Thomas)
January 3, 2012 Filing 17 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion to Strike #9 . Oral Argument is set for 1/24/2012 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. The Court will initiate the call. Ordered by U.S. District Judge Michael R. Hogan. (jw)
December 21, 2011 Filing 16 ORDER: Granting Motion for a Protective Order #13 . Signed on 12/21/2011 by U.S. District Judge Michael R. Hogan. (jw)
December 20, 2011 Filing 15 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Social Security Procedural Order #14 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Order #14 was entered in the incorrect case and is hereby stricken from the record.. (cp)
December 16, 2011 Filing 13 Motion for Protective Order . Filed by Edward B. Barclay, U.S. Airways, Inc. (Miller, Timothy)
December 15, 2011 Filing 12 Memorandum in Opposition to Motion to Strike #9 Filed by U.S Airways. (Attachments: #1 Exhibit) (Miller, Timothy) Modified on 12/15/2011 (cw). Modified text to delete oral argument requested - not stated on document on 12/16/2011 (sln).
December 14, 2011 Filing 14 *STRICKEN* Social Security Procedural Order and Notice of Case Assignment to U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (cp) Modified on 12/20/2011 per administrative correction(cp).
December 8, 2011 Filing 11 ORDER: Granting Motion to File Amended Complaint #10 . Ordered by U.S. District Judge Michael R. Hogan. (jw)
November 29, 2011 Filing 10 Motion to Allow Filing of First Amended Complaint. Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment) (Flaherty, Thomas)
November 28, 2011 Filing 9 Motion to Strike . Filed by Edward B. Barclay. (Attachments: #1 Attachment, #2 Attachment, #3 Exhibit, #4 Exhibit) (Flaherty, Thomas) Modified text on 11/29/2011 (sln).
October 26, 2011 Filing 8 Scheduling Order by U.S. District Judge Michael R. Hogan pursuant to Joint Report #7 . The parties shall file all pleadings pursuant to Fed. R. Civ. P. 7(a) and 15 by 12/19/2011; Join all claims, remedies and parties pursuant to Fed. R. Civ. P. 18 and 19 by 12/19/2011; Provide disclosure of plaintiff's expert witnesses and reports by 1/20/2012; Provide disclosure of defendant's expert witnesses and reports by 2/21/2012; Exchange rebuttal expert reports by 3/20/2012; Complete all discovery and file Joint Status Report by 4/20/2012; Confer as to Joint ADR Report by 4/20/2012; File all pretrial, discovery and dispositive motions by 5/21/2012. Joint ADR Report and Pretrial Order are due 30 days after the Court's ruling on any dispositive motions. Ordered by U.S. District Judge Michael R. Hogan. (jw)
October 26, 2011 Filing 7 Joint Report To Court Of Initial Conference For Discovery Planning FRCP 26(f). Filed by U.S. Airways, Inc. (Smith, Stuart)
September 2, 2011 Filing 6 Affidavit of Service upon U.S. Airways, Inc served on 8/24/2011 Filed by Edward B. Barclay. (Flaherty, Thomas)
September 2, 2011 Filing 5 Answer to #1 Complaint , Counterclaim Against Plaintiff Edward B. Barclay. Filed by U.S. Airways, Inc. (Smith, Stuart)
September 2, 2011 Filing 4 Corporate Disclosure Statement . Filed by U.S. Airways, Inc. (Smith, Stuart)
August 23, 2011 Filing 3 Summons Issued as to U.S. Airways, Inc (sln)
August 19, 2011 Filing 2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to U.S. District Judge Michael R. Hogan. Discovery is to be completed by 12/19/2011. Joint Status Report is due by 12/19/2011. Joint Alternate Dispute Resolution Report is due by 1/17/2012. Pretrial Order is due by 1/17/2012. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 19, 2011 Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 42276. Jury Trial Requested: yes. Filed by Edward B. Barclay against U.S. Airways, Inc. (Attachments: #1 Civil Cover Sheet) (sln)

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Plaintiff: Edward B. Barclay
Represented By: Thomas J. Flaherty
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Defendant: U.S. Airways, Inc
Represented By: Stuart W. Smith
Represented By: Timothy E. Miller
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Defendant: Stevan Gressit
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Defendant: John Doe Number 2
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