Wallace v. Holden
| Minka Wallace |
| Stephen C Holden |
| 3:2020cv05643 |
| July 1, 2020 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 REPLY, filed by Defendant Stephen C Holden, TO RESPONSE to #34 MOTION for Summary Judgment (Henderson, Jonathan) |
| Filing 38 DECLARATION of Dean Heiling filed by Plaintiff Minka Wallace re #34 MOTION for Summary Judgment (Heiling, Dean) |
| Filing 37 RESPONSE, by Plaintiff Minka Wallace, to #34 MOTION for Summary Judgment . (Heiling, Dean) |
| Filing 36 NOTICE of Change of Address/Change of Name of Attorney Dean Heiling. Filed by Plaintiff Minka Wallace. (Heiling, Dean) |
| Filing 35 DECLARATION of Jonathan Henderson filed by Defendant Stephen C Holden re #34 MOTION for Summary Judgment (Attachments: #1 Proposed Order on Defendant's Motion for Summary Judgment)(Henderson, Jonathan) |
| Filing 34 MOTION for Summary Judgment , filed by Defendant Stephen C Holden. Oral Argument Requested. Noting Date 8/28/2020, (Henderson, Jonathan) |
| Filing 33 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 4. (Heiling, Dean) |
| Filing 32 NOTICE of Appearance by attorney Dean Heiling on behalf of Plaintiff Minka Wallace. (Heiling, Dean) |
Filing 31
MINUTE ORDER requesting Joint Status Report by 7/31/2020. In their joint status report, the parties must address all of the topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f). Authorized by Judge Benjamin H. Settle. (MGC)
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| Filing 30 LETTER from Clerk to counsel regarding the following: receipt of case from the District of Oregon; WA/WD case number and judge assignment; and information regarding future notice and LCR 83.1(d)(1) which requires association with local counsel and instructions for Admission Pro Hac Vice. (ERA) |
| Filing 29 Case transferred in from District of Oregon, Case Number: 3:20-cv-00379. |
| Judge Benjamin H. Settle added. (ERA) |
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Filing 28
ORDER by Judge Anna J. Brown. This matter comes before the Court on Defendants Motion [#9] to Dismiss for Lack of Personal Jurisdiction and Plaintiffs Alternative Motion [#21] in Response to Defendant's Motion to Dismiss in which Plaintiff requests the Court to transfer this matter to the United States District Court for the Western District of Washington. The record is sufficiently developed such that oral argument would not be helpful to resolve these Motions. For the reasons articulated by the Oregon Court of Appeals in the related state-court action, this Court also concludes it does not have personal jurisdiction over Defendant. Accordingly, the Court GRANTS Defendants Motion to Dismiss. Although such a dismissal would ordinarily be without prejudice for lack of personal jurisdiction over Defendant, the Court declines to enter a judgment of dismissal because, pursuant to 28 U.S.C. 1391(b) and 1631, the Court also concludes this Court is not the proper venue to resolve the remaining issue regarding the timeliness of Plaintiffs claim, which should be resolved by a court with personal jurisdiction, subject-matter jurisdiction, and proper venue. Accordingly, in the exercise of its discretion, the Court GRANTS Plaintiffs Alternative Motion to transfer and DIRECTS the Clerk to transfer this matter to the United States District Court for the Western District of Washington. (bb) [Transferred from ord on 7/1/2020.]
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| Filing 27 Corrected Declaration of Dean Heiling in Support of Plaintiff's Alternative Motion to Transfer Case #25 , to Clarify Declaration #26 . Filed by Minka Wallace. (Related document(s): Reply to Motion #25 , and Declaration #26 .)(Heiling, Dean) Modified to include link and correct text on 6/25/2020 (sss). [Transferred from ord on 7/1/2020.] |
| Filing 26 Declaration of Dean Heiling. Filed by Minka Wallace. (Related document(s): Reply to Motion #25 .) (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 25 Reply to Motion to Change or Transfer Venue #21 . Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 24 Declaration of Jonathan Henderson . Filed by Stephen C. Holden. (Related document(s): Response to Motion #23 .) (Attachments: #1 Exhibit) (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
| Filing 23 Response to Motion to Change or Transfer Venue #21 . Filed by Stephen C. Holden. (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
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Filing 22
Order by Judge Anna J. Brown. Defendants response to Plaintiffs Alternative Motion #21 in Response to Defendants Motion to Dismiss for Lack of Personal Jurisdiction #9 is due no later than 6/12/20; Plaintiffs reply (if any) is due no later than 6/26/20. The Court will take the parties Motions #9 , #21 under advisement on 6/26/20. (bb) [Transferred from ord on 7/1/2020.]
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| Filing 21 Motion to Change or Transfer Venue . Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
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Filing 20
ORDER by Judge Anna J. Brown The Court GRANTS Plaintiffs Unopposed #18 Motion to Receive Current Oregon Drivers License Report on Defendant. (bb) [Transferred from ord on 7/1/2020.]
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| Filing 19 Declaration in Support of Unopposed Motion to Receive Current Oregon Drivers License Report on Defendant (#18 ). Filed by Minka Wallace. (Heiling, Dean) Docket text modified to match attached filing on 5/14/2020 (eo). [Transferred from ord on 7/1/2020.] |
| Filing 18 Unopposed Motion to Receive Current Oregon Drivers License Report on Defendant. Filed by Minka Wallace. (Heiling, Dean) Docket text modified on 5/14/2020 to reflect requested relief. (eo) [Transferred from ord on 7/1/2020.] |
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Filing 17
Order by Judge Anna J. Brown. The Court STRIKES Plaintiffs Motion #16 to Allow Filing of Declaration for failing to comply with the requirements of Local Rule 7.1. The Court allows Plaintiff leave to refile the Motion no later the 5/18/2020, after meaningful conferral with opposing counsel. Defendants opposition, if any, to the new motion is due no later than 5/28/2020; no reply is permitted. The Court will take the pending Motions #9 #16 under advisement on 5/28/2020. (bb) [Transferred from ord on 7/1/2020.]
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| Filing 16 Motion to Allow Filing of Declaration in Response to Defendant's Motion to Dismiss #9 . Filed by Minka Wallace. (Attachments: #1 Proposed Document Declaration) (Heiling, Dean) Modified on 5/11/2020 (slm). [Transferred from ord on 7/1/2020.] |
| Filing 15 Reply to Motion to Dismiss #9 ORAL ARGUMENT requested. Filed by Stephen C. Holden. (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
| Filing 14 Clerk's Notice of Mailing to Jonathan Henderson copy of Minute Order 13 on 4/29/20. (bb) [Transferred from ord on 7/1/2020.] |
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Filing 13
Order by Judge Anna J. Brown. Defendants reply in support of its Motion #9 to Dismiss for Lack of Personal Jurisdiction is now due 5/11/20. The Court will take the Motion under advisement on 5/11/20. (bb) [Transferred from ord on 7/1/2020.]
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| Filing 12 Response in Opposition to Motion to Dismiss #9 Oral Argument requested. Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 11 Declaration of Jonathan Henderson . Filed by Stephen C. Holden. (Related document(s): Motion - Miscellaneous #9 .) (Attachments: #1 Exhibit, #2 Exhibit) (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
| Filing 10 Declaration of Stephen C. Holden . Filed by Stephen C. Holden. (Related document(s): Motion - Miscellaneous #9 .) (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
| Filing 9 Motion to Dismiss. Oral Argument requested. Filed by Stephen C. Holden. (Henderson, Jonathan) [Transferred from ord on 7/1/2020.] |
| Filing 8 Affidavit of Service upon Stephen C. Holden served on 3/27/2020 Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 7 Summons Issued Electronically as to Stephen C. Holden. 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. (sss) [Transferred from ord on 7/1/2020.] |
| Filing 6 Proposed Summons Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 5 Summons Issued Electronically as to Stephen C. Holden. 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. (sss) [Transferred from ord on 7/1/2020.] |
| Filing 4 Proposed Summons Filed by Minka Wallace. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
| Filing 3 Civil Cover Sheet regarding Complaint #1 . Filed by All Plaintiffs. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
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Filing 2
Notice of Case Assignment to Judge Anna J. Brown 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 7/7/2020. Joint Alternate Dispute Resolution Report is due by 8/6/2020. Pretrial Order is due by 8/6/2020. Ordered by Judge Anna J. Brown. (sss) [Transferred from ord on 7/1/2020.]
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6370495 Jury Trial Requested: Yes. Filed by Minka Wallace against Stephen C Holden. (Heiling, Dean) [Transferred from ord on 7/1/2020.] |
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| Defendant: Stephen C Holden | |
| Represented By: | Jonathan Henderson |
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| Plaintiff: Minka Wallace | |
| Represented By: | PRO HAC VICE PENDING |
| Represented By: | Dean Heiling |
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