Bund v. Safeguard Properties LLC
Plaintiff: John R. Bund, II
Defendant: Safeguard Properties LLC
Case Number: 2:2016cv00920
Filed: June 16, 2016
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: Island
Presiding Judge: James L. Robart
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
April 20, 2021 Opinion or Order Filing 381 ORDER re Defendant's 372 Motion for Summary Judgment. The Court GRANTS the Motion for Summary Judgment and Safeguard is entitled to judgment as a matter of law on both trespass claims. Separately, the Court notes that the Jameses are not typical plaintiffs as required by Rule 23. Signed by Judge Marsha J. Pechman. (PM)
December 7, 2020 Opinion or Order Filing 371 ORDER denying Defendant's 370 Motion for Leave to File Overllength Brief. Signed by Judge Marsha J. Pechman. (PM)
November 4, 2020 Opinion or Order Filing 365 ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES re Parties' 363 Proposed Joint Scheduling Order. Completion of discovery as to the James Plaintiffs is 12/18/2020. Defendant's Motion for Summary Judgment and determination as to wh ether the James Plaintiffs can meet the typicality and adequacy requirements of FRCP 23(a)(3) and (a)(4) to be filed by 1/29/2021. If the Court denies Summary Judgment, but finds that Plaintiffs cannot meet Rule 23(a)(3) and (a)(4), the follo wing dates shall apply: Jury Trial **4 Days** is set for 5/24/2021 at 09:00 AM before Judge Marsha J. Pechman. Motions in Limine due by 4/21/2021, Agreed Pretrial Order due by 5/7/2021, Voir dire/jury instructions/trial briefs due by 5/7/2 021, Pretrial Conference set for 5/13/2021 at 01:30 PM before Judge Marsha J. Pechman. If the Court denies Summary Judgment and determines the James Plaintiffs can meet Rule 23(a)(3) and (a)(4), the following dates shall apply : Jury T rial **10 Days** set for 5/16/2022 at 9:00 a.m. Class-related discovery to completed by 7/9/2021; Reports from expert witnesses under FRCP 26(a)(2) due: Plaintiffs' reports due: 8/6/2021; Defendant's reports due: 9/3/2021; Completion of ex pert depositions by 11/5/2021; All motions related to class discovery and expert discovery (including Daubert challenges) 12/3/2021; Motion for class certification due 12/3/2021; All dispositive motions due 2/4/2022; Motions in limine due 4/13/2022; Agreed pretrial order due 5/2/2022; Trial briefs, proposed voir dire questions, and proposed jury instructions due 5/2/2022; Pretrial conference 5/5/2022 at 1:30 PM. Signed by Judge Marsha J. Pechman. (PM)
August 5, 2020 Opinion or Order Filing 357 MINUTE ORDER re 356 Mandate of USCA and 355 Order of USCA. Joint Status Report due by 8/14/2020. Authorized by Judge Marsha J. Pechman. (LH)
October 19, 2018 Opinion or Order Filing 346 ORDER granting defendant Safeguard Properties Management's 309 Motion to Decertify Class and Dismiss Case; granting in part and denying in part Plaintiffs' motion to strike. Signed by Judge Marsha J. Pechman. (SWT)
August 30, 2018 Opinion or Order Filing 330 MINUTE ORDER directing parties to submit briefing on the effect of the Court's ruling regarding Plaintiffs' pre-Jordan claims on the issue of decertifying the class; both sides' briefing shall be due no later than September 14, 2018. Defendant's 309 MOTION to Decertify Class is re- noted to September 14, 2018. Authorized by Judge Marsha J. Pechman. (PM)
August 20, 2018 Opinion or Order Filing 320 ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (dkts. 242 , 245 ); denying summary judgment to Defendant on the issue of preclusion on the basis of claim splitting; granting summary judgment to Defendant on the issue of its liability on the statutory claims against if for any pre-Jordan conduct. Signed by Judge Marsha J. Pechman. (SWT)
August 16, 2018 Opinion or Order Filing 319 ORDER denying Defendant's 244 Motion to Dismiss Fourth Amended Complaint. Signed by Judge Marsha J. Pechman. (SWT)
August 15, 2018 Opinion or Order Filing 318 ORDER denying Defendant's 284 Motion to Set Status Conference and to Address Apparent Fraud on the Court, signed by Judge Marsha J. Pechman. (SWT)
August 10, 2018 Opinion or Order Filing 316 ORDER granting Parties' 313 Joint Submission Regarding Plaintiff's Motion for Protective Order signed by Judge Marsha J. Pechman. (TH)
July 31, 2018 Opinion or Order Filing 311 ORDER granting Defendant's 286 Motion for Leave to Supplement Declarations of Steve Meyer. Signed by Judge Marsha J. Pechman. (PM)
May 11, 2018 Opinion or Order Filing 264 ORDER granting 263 Stipulated Motion for a Rule 502(d) Order. Signed by Judge Marsha J. Pechman. (PM)
April 30, 2018 Opinion or Order Filing 258 STIPULATION AND ORDER to File Documents Under Seal re parties' 252 Stipulated Motion. Exhibits D, E, F (Dkt. No. 257 ) to the Supplemental Declaration of Clay Gatens in Support of Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 256 ) shall remain under seal. Signed by Judge Marsha J. Pechman. (TH)
April 19, 2018 Opinion or Order Filing 241 ORDER granting 238 Stipulated Motion to Change Response Deadline. The deadline to respond to cross-motions is extended from 4/30/2018 to 5/18/2018. Signed by Judge Marsha J. Pechman. (PM)
April 4, 2018 Opinion or Order Filing 233 MINUTE ORDER re: Defendant's 231 Motion to Amend Scheduling Order. Defendant will be given an additional 14 days to respond to the Fourth Amended Complaint and an additional 7 days to respond to Plaintiffs' 226 Motion for Preliminary Injunction. The dispositive motion deadline previously set on April 20, 2018 will remain in place. Authorized by Judge Marsha J. Pechman. (PM)
March 28, 2018 Opinion or Order Filing 225 MINUTE ORDER authorized by Judge Marsha J. Pechman. Pursuant to a telephone conference with counsel for the parties held on March 27, 2018, the deadline for filing dispositive motions in this case is extended to April 20, 2018. (PM)
March 23, 2018 Opinion or Order Filing 223 ORDER granting 222 Stipulated Motion to File Fourth Amended Complaint. Signed by Judge Marsha J. Pechman. (PM)
February 7, 2018 Opinion or Order Filing 218 STIPULATION AND ORDER REGARDING DISMISSAL OF CONVERSION CLAIMS OF PLAINTIFF JOHN R. BUND II. The conversion claims of Plaintiff John R. Bund II are dismissed with prejudice. Signed by Judge Marsha J. Pechman. (TH)
February 6, 2018 Opinion or Order Filing 216 ORDER RE: STATUS CONFERENCE: directing parties on how to best proceed forward following the certification of a class in this matter. Parties to file their cross-motions for summary judgment on the legal issues within 60 days; parties to file a revised case schedule with the Court by 2/13/2018. Defendant's 184 Request for Leave to File Under LCR 7(e)(3) is stricken as moot. Signed by Judge Marsha J. Pechman. (PM)
January 30, 2018 Opinion or Order Filing 209 MINUTE ORDER per parties' 208 Joint Status Report, Plaintiffs' 167 Motion to Withdraw or Amend Deemed Admissions is withdrawn. Authorized by Judge Marsha J. Pechman. (PM)
January 17, 2018 Opinion or Order Filing 206 REVISED ORDER on Pending Motions. IT IS ORDERED that the parties will meet and confer as to whether the motions at Dkt. No. 167 and Dkt. No. 184 are still necessary for the Court to rule upon; this meeting shall be held no later than January 26. IT IS FURTHER ORDERED that, within two days business following the meet and confer, the parties are to submit to the Court (1) an outline of the motions remaining to be filed in order for this case to be developed for trial and (2) a schedule of those motions. The order previously entered (Dkt. No. 205 ) is stricken. Signed by Judge Marsha J. Pechman. (TH)
January 16, 2018 Opinion or Order Filing 205 ORDER on Pending Motions. There are two motions still pending in this matter:1. Plaintiffs' Motion to Withdraw and/or Amend Deemed Admissions (Dkt. No. 167 ), and 2. Defendant's Motion for Leave to File Under LCR 7(e)(3) (Dkt. No. 184 ). IT IS ORDERED that the parties will meet and confer as to whether the motions at Dkt. No. 167 and Dkt. No. 184 are still necessary for the Court to rule upon; this meeting shall be held no later than January 22. IT IS FURTHER ORDERED that, within two days following the meet and confer, the parties are to submit to the Court (1) an outline of the motions remaining to be filed in order for this case to be developed for trial and (2) a schedule of those motions. Signed by Judge Marsha J. Pechman. (TH)
January 12, 2018 Opinion or Order Filing 204 ORDER granting in part Plaintiffs' 86 Motion to Certify a Class; denying Defendant's 128 Motion to Strike the Material Associated with Plaintiffs' Reply Brief and its motion to strike Plaintiffs' claims for injunctive relief; denying as premature Defendant's 149 Motion to Dismiss Plaintiffs' claims for injunctive relief. Signed by Judge Marsha J. Pechman. (PM)
December 14, 2017 Opinion or Order Filing 195 ORDER RE: 12/6/17 STATUS CONFERENCE (CLARIFICATION) signed by Judge Marsha J. Pechman. The Court to hear oral argument on Plaintiffs' motion for clarification on 1/4/2018 at 2:00 p.m. Within 10 court days of oral argument, the Court will issue ruling on the motion for class certification, Defendant's motion to strike materials from Plaintiff's reply brief, and Defendant's motion to dismiss claims for injunctive relief. The Court also intends at that time to issue a ruling on Defendant's motion for summary judgment requesting dismissal of the claims of the Hanousek plaintiffs. (PM)
December 6, 2017 Opinion or Order Filing 192 ORDER RE: STATUS CONFERENCE signed by Judge Marsha J. Pechman. The Court will hear oral argument on Plaintiffs' motion for class certification (Dkt. No. 86 ) on Thursday, January 4, 2018, 2 p.m. Defendant will be permitted to submit additiona l evidence and briefing on the pending motion for summary judgment of dismissal of the Hanousek claims. (Dkt. No. 119 .) Defendants' additional briefing due 12/15/2017; Plaintiff's responsive briefing due 12/26/2017; Defendant's reply due 12/29/2017. Defendant's motions for extension of discovery motion deadline (Dkt. No. 176 ) and for protective order (Dkt. No. 150 ) are stricken. (PM)
September 13, 2017 Opinion or Order Filing 148 MINUTE ORDER granting Defendant's 143 Motion for Extension of Time to Complete Expert Witness Report; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/20/2017, authorized by Judge Marsha J. Pechman. (SWT)
August 28, 2017 Opinion or Order Filing 141 MINUTE ORDER authorized by Judge James L. Robart. The court cancels the telephone conference scheduled for Tuesday, August 29, 2017, at 11:00 a.m. The court will notify the parties concerning rescheduling. (PM)
August 14, 2017 Opinion or Order Filing 130 ORDER granting third 122 stipluated motion to seal. Document No. 126 Exhibits H, I and J to Supplemental Declaration of Clay M. Gatens shall remain sealed. Signed by Judge James L. Robart. (PM)
July 14, 2017 Opinion or Order Filing 92 ORDER granting 90 Stipulated Motion to seal. Clerk is directed to place docket numbers 87-1 and 87-2 under seal. Plaintiffs ordered to file redacted versions within 7 days of this order. Signed by Judge James L. Robart. (PM)
July 5, 2017 Opinion or Order Filing 89 ORDER granting 84 Stipulated Motion to Seal re certain exhibits 88 to the Declaration of Clay M. Gates 87 . Signed by Judge James L. Robart. (PM)
June 19, 2017 Opinion or Order Filing 81 ORDER granting Plaintiff's 70 Motion to modify the scheduling order and for leave to file third amended complaint. Plaintiff to file third amended complaint within 10 days of the entry of this order. Signed by Judge James L. Robart. (PM)
April 28, 2017 Opinion or Order Filing 69 ORDER granting in part and denying in part Plaintiffs' 59 Motion and awarding Plaintiffs a total of $6,880.25 in reasonable attorneys' fees. Signed by Judge James L. Robart. (PM)
March 22, 2017 Opinion or Order Filing 68 STIPULATED PROTECTIVE ORDER by Judge James L. Robart. (PM)
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Plaintiff: John R. Bund, II
Represented By: Clay M Gatens
Represented By: Honea Lee Lewis, IV
Represented By: Sally F White
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Defendant: Safeguard Properties LLC
Represented By: Pamela J DeVet
Represented By: Marc Rosenberg
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