Ibanez De Dios v. Siri and Son Farms, Inc.
| Teofilo Ibanez De Dios |
| SIRI AND SON FARMS and Siri and Son Farms, Inc. |
| 6:2020cv01026 |
| June 25, 2020 |
| US District Court for the District of Oregon |
| Michael J McShane |
| Labor: Other |
| 29 U.S.C. § 1801 Farmworker Rights |
| Both |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 77
JUDGMENT: Based upon the verdict of the jury, judgment entered in favor of defendant. Signed on 8/3/2022 by Judge Michael J. McShane. (cp)
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Filing 76
Order to Retain Custody of Exhibits. Signed on 8/3/2022 by Judge Michael J. McShane. (cp)
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Filing 75
Jury Notes. (cp)
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Filing 74
Jury Notes Unredacted Version Filed Under Seal . (cp)
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Filing 73
Jury Verdict. (cp)
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Filing 72
Jury Verdict Unredacted Version Filed Under Seal . (cp)
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Filing 71
Court's Instructions to the Jury. (cp)
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Filing 70
MINUTES of Proceedings: Jury Trial - Day 3 - completed. Closing arguments held. Jury instructed, clerk sworn. The Clerk is directed to order 7 lunches from Papa's Pizza during jury deliberation. Plaintiff's objection to jury question response placed on the record. Jury verdict returned for defendant. Paloma A. Dale, Brenda M. Bradley & Stephen Scott Walter present as counsel for plaintiff. Timothy J. Bernasek, Conner C. Bottomly and Elizabeth C. Knight present as counsel for defendant. Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (cp)
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Filing 69
MINUTES of Proceedings: Jury Trial - Day 2. Defendant withdraws their affirmative defense claim. Witnesses sworn, evidence adduced (See Clerk's list of exhibits and witnesses to be filed at the conclusion of trial). Plaintiff rests. The Court rules The Dalles claim will not go to the jury. Defendant's Rule 50 oral motion for judgment as matter of law is denied. The Court releases Juror No. 1. Defendant rests. Rebuttal witness heard. Jury Trial continued to 8/3/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Paloma A. Dale, Brenda M. Bradley & Stephen Scott Walter present as counsel for plaintiff. Timothy J. Bernasek, Conner C. Bottomly and Elizabeth C. Knight present as counsel for defendant. Court Reporter: Kendra Steppler. (Interpreter for Plaintiff: Ixtla Malagon and Estela Castro (Sworn in Open Court)) (Interpreter for Defendant Jessica McBride (Sworn off the record by Deputy Clerk, Charlene Pew)). Judge Michael J. McShane presiding. (cp) Modified on 8/4/2022 to correct typo (cp).
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Filing 68
Court's Preliminary Instructions to the Jury. (cp)
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Filing 67
MINUTES of Proceedings: First Day of Jury Trial. Voir Dire conducted, jury selected. Jury sworn, Opening statements held. The Court will allow the demonstrative exhibits presented by the parties. Exhibit 7 admitted, Exhibit 9 is not admitted. Witnesses sworn, evidence adduced (See Clerk's list of exhibits and witnesses to be filed at the conclusion of trial). Jury Trial is continued to 8/2/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Paloma A. Dale, Brenda M. Bradley & Stephen Scott Walter present as counsel for plaintiff. Timothy J. Bernasek, Conner C. Bottomly and Elizabeth C. Knight present as counsel for defendant. Court Reporter: Kendra Steppler. (Interpreter for Plaintiff: Ixtla Malagon and Estela Castro (Sworn in Open Court)) Judge Michael J. McShane presiding. (cp) Modified on 8/3/2022 to add Interpreter, resent NEF(cp).
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Filing 66
ORDER: Defendant's oral motion made the first time at the pretrial conference is DENIED. Plaintiff's exhibit 7 is admitted. Ordered by Judge Michael J. McShane. (cp)
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Filing 65
Supplemental Brief in Opposition to Defendant's Objection to Plaintiff's Exhibit 7 and Related Testimony. Filed by All Plaintiffs. (Attachments: #1 Exhibit A, Defendants 2019 Job Order for The Dalles, OR, #2 Exhibit B, Excerpts from Deposition of Joseph Siri, #3 Exhibit C, Excerpts from Deposition of Plaintiff, #4 Attachment Declaration of Paloma Dale) (Dale, Paloma)
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Filing 63
Supplemental Brief on Objection to Evidence Related to Defendant's Job Position in the Dalles. Filed by Siri and Son Farms, Inc.. (Related document(s): Exhibit List #30 .) (Bernasek, Timothy)
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Filing 64
MINUTES of Proceedings: Pretrial Conference held. Plaintiff's Motion in Limine #46 is denied as stated on the record. Defendant's Motion in Limine #52 is granted as stated on the record. Defendant's exhibits 201, 203, 207 and 216 are withdrawn. Defendant's exhibits 204, 205, and 206 are not admitted. Defendant's exhibits 202, and 208-215 are admitted. Plaintiff's Exhibit 7 is not admitted. Plaintiff's exhibits 1-6, 8 and 9 are admitted. Plaintiff's objections to defendant's witnesses are granted and denied as stated on the record. Defendant's objections to plaintiff's witnesses are granted and denied as stated on the record. Plaintiff and Defendant's voir dire questions are allowed. The parties are to file supplemental briefing, no more than five pages, regarding The Dalles Job Order by 5pm on 7/22/2022. Voir dire will be conducted in the Jury Assembly Room on the second floor and will not be reported. The Court will seat 8 jurors. The parties are to provide a neutral statement to the Court by Thursday 7/28/2022. The parties are to provide updated list of witnesses to the courtroom deputy by 7/28/2022. Paloma A. Dale, Brenda M. Bradley & Stephen Scott Walter present as counsel for plaintiff(s). Timothy J. Bernasek, Conner C. Bottomly and Elizabeth C. Knight present as counsel for defendant(s). Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (cp)
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Filing 62
Notice of Appearance of Conner C. Bottomly appearing on behalf of Siri and Son Farms, Inc.. Filed by Siri and Son Farms, Inc.. (Bottomly, Conner)
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Filing 61
Response to Defendant's Objection to Plaintiff's Proposed Witness List. Filed by All Plaintiffs. (Related document(s): Objection, #49 , Witness List #29 .) (Dale, Paloma)
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Filing 60
Response to Defendant's Motions in Limine. Filed by All Plaintiffs. (Related document(s): Motion in Limine #52 .) (Dale, Paloma)
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Filing 59
Response to Defendant's Objection to Plaintiff's Proposed Jury Verdict Form. Filed by All Plaintiffs. (Related document(s): Jury Verdict Form - Proposed #42 , Objection, #50 .) (Attachments: #1 Exhibit A. Modified Proposed Jury Verdict Form) (Dale, Paloma)
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Filing 58
Response to Defendant's Objection to Plaintiff's Proposed Jury Instructions. Filed by All Plaintiffs. (Related document(s): Jury instructions - Proposed #41 , Objection, #51 .) (Dale, Paloma)
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Filing 57
Response to Plaintiff's Objections to Defendant's Proposed Witnesses. (Related document(s): Objection(s) to Defendant's Exhibits and Witnesses #48 .) Filed by Siri and Son Farms, Inc. (Bernasek, Timothy) Modified on 7/14/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 56
Response to Plaintiff's Objections to Proposed Verdict Form. (Related document(s): Objection(s) to Plaintiff's Proposed Verdict Form #50 .) Filed by Siri and Son Farms, Inc. (Bernasek, Timothy) Modified on 7/14/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 55
Response to Plaintiff's Objections to Defendant's Proposed Jury Instructions. (Related document(s): Objection(s) to Plaintiff's Proposed Jury Instructions #51 ). Filed by Siri and Son Farms, Inc. (Bernasek, Timothy) Modified on 7/14/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 54
Response to Plaintiff's Objections to Defendant's Proposed Exhibits. (Related document(s): Objection(s) to Defendant's Exhibits and Witnesses #48 .) Filed by Siri and Son Farms, Inc. (Bernasek, Timothy) Modified on 7/14/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 53
Response to Motion in limine #46 . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 52
Motion in limine . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 51
Objection(s) to Plaintiff's Proposed Jury Instructions. (Related document(s): Joint Proposed Pretrial Order Lodged #31 .) Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy) Modified on 7/7/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 50
Objection(s) to Plaintiff's Proposed Verdict Form. (Related document(s): Corrected Proposed Jury Verdict Form #44 .) Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy) Modified on 7/7/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 49
Objection(s) to Plaintiff's Witness List. (Related document(s): Witness List #29 .) Filed by Siri and Son Farms, Inc. (Bernasek, Timothy) Modified on 7/7/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 48
Objection(s) to Defendant's Exhibits and Witnesses. (Related document(s): Exhibit List #33 and Witness Statement #34 .) Filed by All Plaintiffs. (Attachments: #1 Exhibit A, Defendant's Lay Witness Statements) (Dale, Paloma) Modified on 7/7/2022 to create document links. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 47
Objection(s) to Defendant's Proposed Jury Instructions and Verdict Form. (Related document(s): Proposed Jury Verdict Form #37 and Proposed Jury Instructions #38 .) Filed by All Plaintiffs. (Dale, Paloma) Modified on 7/7/2022 to create document links. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 46
Motion in limine . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 45
Scheduling Order by Judge Michael J. McShane: Based upon the schedule of the Court, the Pretrial Conference set for 7/15/2022 is reset for 7/20/2022 at 10:00AM in Eugene by video conference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 44
Corrected Proposed Jury Verdict Form. Filed by All Plaintiffs. (Dale, Paloma)
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Filing 43
Proposed Voir Dire . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 42
Proposed Jury Verdict Form. Filed by All Plaintiffs. (Dale, Paloma)
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Filing 41
Alternative Proposed Jury Instructions . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 40
Trial Memorandum . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 39
Joint Proposed Jury Instructions . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 38
Proposed Jury Instructions . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 37
Proposed Jury Verdict Form. Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 36
Trial Memorandum . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 35
Proposed Voir Dire . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 34
Witness Statement . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 33
Exhibit List . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 32
Order to Seal: Plaintiff attached the original trial exhibits to the Exhibit List #30 . The Trial Management Order specifically orders the parties to provide the trial exhibits in a three ring binder to the court. The Exhibits are ordered sealed. Ordered by Judge Michael J. McShane. (cp)
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Filing 31
Joint Proposed Pretrial Order Lodged . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 30
Exhibit List. Filed by All Plaintiffs. (Attachments: #1 Exhibit) (Dale, Paloma) Modified on 6/21/2022 to correct docket text and seal exhibits.(cp).
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Filing 29
Witness List . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 28
Notice of Association of Attorney Paloma A. Dale,Stephen Scott Walters for Teofilo Ibanez De Dios,Stephen Scott Walters for Teofilo Ibanez De Dios. Filed by Teofilo Ibanez De Dios. (Dale, Paloma)
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Filing 27
Trial Management Order. Estimated 3 day Jury Trial is set for 8/1/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Conference is set for 7/15/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Order is due by 6/15/2022. Pretrial Documents are due by 6/15/2022. Signed on 5/5/2022 by Judge Michael J. McShane. (cp)
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Filing 26
Notice of Appearance of Elizabeth C. Knight appearing on behalf of Siri and Son Farms, Inc.. Filed by Siri and Son Farms, Inc., Siri and Son Farms, Inc.. (Knight, Elizabeth)
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Filing 25
MINUTES of Proceedings: Scheduling Conference held. Estimated 3 day Jury Trial is set for 8/1/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Conference is set for 7/15/2022 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Trial Management Order to issue. Paloma A. Dale and Brenda M. Bradley present as counsel for plaintiff. Timothy J. Bernasek present as counsel for defendant. Court Reporter: None. Judge Michael J. McShane presiding. (cp)
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Filing 24
Scheduling Order by Judge Michael J. McShane. Trial Scheduling Conference is set for 4/4/2022 at 10:00AM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in information by separate email. Ordered by Judge Michael J. McShane. (cp)
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Filing 23
Joint Status Report by Teofilo Ibanez De Dios. Filed by Teofilo Ibanez De Dios. (Dale, Paloma)
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Filing 22
Scheduling Order by Judge Michael J. McShane: The parties are to confer regarding case deadlines and file a Joint Status Report with the Court by 3/7/2022. Ordered by Judge Michael J. McShane. (cp)
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Filing 21
MINUTES of Proceedings: Settlement Conference held on 1/27/2022 with Magistrate Judge John V. Acosta presiding. The parties did not reach a settlement at this time. Paloma Dale, Brenda Bradley present as counsel for plaintiff(s). Timothy Bernasek present as counsel for defendant(s). (pjg)
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Filing 20
Scheduling Order by Jude Acosta: At the Court's instance, the settlement conference set for 1/27/2022 is converted to a videoconference. The videoconference information has been provided to the parties by email. (pjg)
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Filing 19
Notice of Attorney Withdrawal: Chelsea J. Glynn, Withdrawing Filed by Siri and Son Farms, Inc.. (Glynn, Chelsea)
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Filing 18
Scheduling Order by Judge Acosta: SETTING a Settlement Conference for Thursday, January 27, 2022, 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 9:00 AM, Defendant to arrive at 9:45 AM. (pjg)
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Filing 17
Joint ADR Report . Filed by Teofilo Ibanez De Dios.(Dale, Paloma)
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Filing 16
ORDER by Magistrate Judge Mustafa T. Kasubhai: Settlement Conference set for 6/17/2021 at 09:00AM in Eugene chambers before Magistrate Judge Mustafa T. Kasubhai is VACATED. (jk)
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Filing 15
Settlement Conference Scheduling Order signed on 4/16/2021 by Magistrate Judge Mustafa T. Kasubhai: Settlement Conference is set for 6/17/2021 at 09:00AM in Eugene chambers before Magistrate Judge Mustafa T. Kasubhai. Presence of all parties with settlement authority is required. This includes anyone who will have input on the decision of whether or not to settle the case, such as a spouse, parent, or any other adviser who may be relied on for advice. Parties are ordered to submit a Settlement Document to the Court by 12:00PM on 6/10/2021, in which they make realistic proposals of what they are willing to offer or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING THE SETTLEMENT DOCUMENT. (jk)
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Filing 14
Stipulated Protective Order. Signed on 2/24/2021 by Judge Michael J. McShane. (plb)
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Filing 13
Stipulated Proposed Form of Order Submitted (Tier One Protective Order). Filed by Teofilo Ibanez De Dios. (Dale, Paloma)
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Filing 12
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #9 . Discovery is to be completed by 2/12/2021. Dispositive Motions are due by 3/5/2021. Ordered by Judge Michael J. McShane. (cp)
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Filing 11
Notice of Association of Attorney Chelsea J. Glynn,Chelsea J. Glynn for Siri and Son Farms, Inc.. Filed by All Defendants. (Glynn, Chelsea)
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Filing 10
Declaration of Paloma Dale . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #9 .) (Dale, Paloma)
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Filing 9
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Dale, Paloma)
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Filing 8
MINUTES of Proceedings: Rule 16 Conference held. Discovery is to be completed by 1/22/2021. Dispositive Motions are due by 2/12/2021. Paloma A. Dale and Brenda M. Bradley present as counsel for plaintiff. Timothy J. Bernasek and Chelsea Glenn present as counsel for defendant. Judge Michael J. McShane presiding. (cp)
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Filing 7
Scheduling Order by Judge Michael J. McShane. Based upon the request of the parties, the Rule 16 Conference set for 8/26/2020 is reset for 9/9/2020 at 10:00AM in Eugene by telephone before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 6
Scheduling Order by Judge Michael J. McShane. Rule 16 Conference is set for 8/26/2020 at 10:15AM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in number by separate email. Ordered by Judge Michael J. McShane. (cp)
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Filing 5
Corporate Disclosure Statement . Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 4
Answer to #1 Complaint with Jury Demand Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Counterclaim Teofilo Ibanez De Dios. Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 3
Waiver of Service of Summons Returned Executed by Siri and Son Farms, Inc. waiver sent on 6/29/2020. Filed by Siri and Son Farms, Inc.. (Bernasek, Timothy)
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Filing 2
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/26/2020. Joint Alternate Dispute Resolution Report is due by 11/23/2020. Pretrial Order is due by 11/23/2020. Ordered by Judge Michael J. McShane. (jw)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: CORDC-6897671 Jury Trial Requested: Yes. Filed by Teofilo Ibanez De Dios against SIRI AND SON FARMS (Attachments: #1 Civil Cover Sheet). (Dale, Paloma)
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