Marshall v. Hipcamp Inc et al
| Jacob Marshall |
| Hipcamp Inc, Steven Epling and Go River LLC |
| 3:2023cv06156 |
| December 15, 2023 |
| US District Court for the Western District of Washington |
| Theresa L Fricke |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 43 NOTICE of Hearing on #31 MOTION to Compel Arbitration. Motion Hearing set for 3/14/2024 at 11:00 AM via Zoom before Judge Theresa L Fricke. (GMR) |
| Filing 42 CONSENT by all parties to proceed before a Magistrate Judge. (GMR) |
| Filing 41 DECLARATION of Dan Strubbe In Support of Def Hipcamp's Motion to Compel Arbitration Reply Brief filed by Defendant Hipcamp Inc re #31 MOTION to Compel Arbitration (Lopez, Stephan) |
| Filing 40 REPLY, filed by Defendant Hipcamp Inc, TO RESPONSE to #31 MOTION to Compel Arbitration (Lopez, Stephan) |
| Filing 39 PRAECIPE to attach document re #33 Declaration by Defendant Hipcamp Inc (Lopez, Stephan) |
| Filing 38 NOTICE TO HIPCAMP INC AND STEVEN EPLING OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Defendants Hipcamp Inc and Steven Epling will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 1/24/2024. Please Note: Forms must not be electronically filed with the Court. (GMR) |
Filing 37
ORDER granting #36 Stipulated Motion for John M. Eickelberg of the Law Office of Eric S. Shilling to withdraw as counsel for Defendants Steven Epling and Go River, LLC, and Gregory S. Worden and Zachary M. Smith of Lewis Brisbois Bisgaard & Smith, LLP, to substitute as counsel for Defendants Steven Epling and Go River, LLC, signed by Judge Theresa L Fricke. (GMR- cc: J. Eickelberg via ad hoc NEF)
|
| Filing 36 Stipulated MOTION , filed by Defendants Steven Epling, Go River LLC. (Attachments: #1 Proposed Order) Noting Date 1/16/2024, (Worden, Gregory) |
| Filing 35 PROPOSED ORDER (Unsigned) re #31 MOTION to Compel Arbitration (Lopez, Stephan) |
| Filing 34 RESPONSE, by Plaintiff Jacob Marshall, to #31 MOTION to Compel Arbitration. (Jacobs, Michael) |
| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #33 Declaration was improperly signed by Dan Strubbe. Signatures must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (MW) |
| Filing 33 DECLARATION of Dan Strubbe in Support of Def Hipcamp Motion to Compel Arb filed by Defendant Hipcamp Inc re #31 MOTION to Compel Arbitration (Attachments: #1 Exhibit Exhibits 2-7 to Mr. Strubbe's Dec)(Lopez, Stephan) |
| Filing 32 DECLARATION of Stephan Lopez in Support of Def Hipcamp Motion to Compel Arb filed by Defendant Hipcamp Inc re #31 MOTION to Compel Arbitration (Attachments: #1 Exhibit Exhibit 1 to Mr. Lopez's Dec)(Lopez, Stephan) |
| Filing 31 MOTION to Compel Arbitration, filed by Defendant Hipcamp Inc. Oral Argument Requested. Noting Date 2/2/2024, (Lopez, Stephan) |
| Filing 30 NOTICE of Unavailability of counsel Michael G Jacobs for Plaintiff Jacob Marshall from January 8-12, 2024. (Jacobs, Michael) |
| Filing 29 NOTICE of Change of Address/Change of Name of Attorney Michael G Jacobs. Filed by Plaintiff Jacob Marshall. (Jacobs, Michael) |
| Filing 28 NOTICE of Appearance by attorney Stephan Alexander Lopez on behalf of Defendant Hipcamp Inc. (Lopez, Stephan) |
| Filing 27 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 12/29/2023. Please Note: Forms must not be electronically filed with the Court. (GMR- ad hoc NEF to John Eickelber) |
| Filing 26 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. (AMD) |
| Filing 25 Case transferred in from the District of Oregon (Portland), Case Number 3:22-cv-01928. (AMD) |
| Judge Theresa L Fricke added. (AMD) |
|
Filing 24
ORDER: Because no party in this case has made objections, this Court reviews Judge Armistead's Findings and Recommendations for clear error on the face of the record. Finding no such error, the Court ADOPTS Judge Armistead's Findings and Recommendation, ECF #22 . Therefore, HipCamp's Motion to Dismiss, ECF #5 , is GRANTED. The Clerk of the Court is respectfully directed to transfer this case to the Western District of Washington pursuant to 28 U.S.C. 1631. IT IS SO ORDERED. DATED this 12th day of December, 2023, by United States District Judge Adrienne Nelson. (pjg) [Transferred from ord on 12/15/2023.]
|
|
Filing 23
ORDER referring Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction #5 should be granted #22 to Judge Adrienne Nelson. Ordered by Magistrate Judge Jeff Armistead. (pjg) [Transferred from ord on 12/15/2023.]
|
| Filing 22 FINDINGS AND RECOMMENDATION: For these reasons, Hipcamp's motion to dismiss (ECF No. #5 ) should be GRANTED. The court recommends that this case be transferred to the Western District of Washington. SCHEDULING ORDER - The Findings and Recommendation will be referred to a District Judge. Objections, if any, are due within fourteen days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED: November 8, 2023, by United States Magistrate Judge Jeff Armistead. (pjg) [Transferred from ord on 12/15/2023.] |
| Filing 21 MINUTES of Proceedings: Motion Hearing Held on 8/10/2023 regarding Motion to Dismiss/Lack of Jurisdiction #5 . Oral argument heard. Motion is taken under advisement as of 8/10/2023. Erik Michael Wilson present as counsel for plaintiff. Stephan Lopez present as counsel for defendant Hipcamp, Inc. John Eickelberg present as counsel for defendant Epling and Go River, LLC. Court Reporter: Kellie Humiston. Magistrate Judge Jeff Armistead presiding. (pjg) [Transferred from ord on 12/15/2023.] |
|
Filing 20
Scheduling Order: Oral Argument regarding Motion to Dismiss for Lack of Jurisdiction #5 is set for Thursday, August 10, 2023 at 02:00PM in Portland by videoconference before Magistrate Judge Jeff Armistead. In addition to discussing the pending Motion to Dismiss, parties are to be prepared to discuss the issue of transfer. The court's videoconference information will be provided to the parties by email. Ordered by Magistrate Judge Jeff Armistead. (pjg) Modified text on 8/3/2023 (pjg). [Transferred from ord on 12/15/2023.]
|
| Filing 19 Notice of Supplemental Authority Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 18 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by Go River, LLC, Steven Epling. (Eickelberg, John) [Transferred from ord on 12/15/2023.] |
| Filing 17 Notice of Unavailability Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 16 Affidavit of Service upon Steven Epling served on 2/2/2023 Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 15 Affidavit of Service upon Go River, LLC served on 2/2/2023 Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 14 Reply to Motion to Compel Arbitration #6 . Filed by Hipcamp, Inc.. (Attachments: #1 Attachment Declaration of Dan Strubbe) (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
| Filing 13 Reply to Motion to Dismiss for Lack of Jurisdiction #5 . Filed by Hipcamp, Inc.. (Attachments: #1 Attachment Declaration of Dan Strubbe) (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
| Filing 12 Response to Motion to Compel Arbitration #6 . Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 11 Response Declaration of Wilson to Motion to Dismiss for Lack of Jurisdiction #5 . Filed by Jacob Marshall. (Attachments: #1 Exhibit 1. Complaint, #2 Exhibit 2. Hipcamp Hosting.01.05.23, #3 Exhibit 3. Screenshot 2023-01-10 at 12.06.00 PM, #4 Exhibit 4. How much does it cost to list and is there a commission fee_ Hipcamp Help, #5 Exhibit 5. HIPCAMP PODCAST - 09.29.22, #6 Exhibit 6. Oregon Business - The Airbnb of camping comes to Oregon) (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
| Filing 10 Response to Motion to Dismiss for Lack of Jurisdiction #5 . Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
|
Filing 9
ORDER by Magistrate Judge Jeffrey Armistead: Granting Motion for Extension of Time to File Response/Reply (#8 ). Responses are due by 1/13/2023. Motions are taken under advisement as of 3/6/2023. (eo) [Transferred from ord on 12/15/2023.]
|
| Filing 8 Motion for Extension of Time to File a Response/Reply to Motion to Compel Arbitration #6 , Motion to Dismiss for Lack of Jurisdiction #5 . Filed by Jacob Marshall. (Jacobs, Michael) [Transferred from ord on 12/15/2023.] |
|
Filing 7
Scheduling Order: Motion to Dismiss for Lack of Jurisdiction #5 and Motion to Compel Arbitration #6 are taken under advisement as of 3/20/2023. Any requests for oral argument shall be considered in due course. Ordered by Magistrate Judge Jeffrey Armistead. (pjg) [Transferred from ord on 12/15/2023.]
|
| Filing 6 Motion to Compel Arbitration. Oral Argument requested. Filed by Hipcamp, Inc.. (Attachments: #1 Attachment Declaration of Stephan Lopez, #2 Exhibit Exhibit 1 to Declaration of Stephan Lopez, #3 Attachment Declaration of Dan Strubbe, #4 Exhibit Exhibit 2-7 to Declaration of Dan Strubbe) (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
| Filing 5 Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Hipcamp, Inc.. (Attachments: #1 Attachment Declaration of Stephan Lopez, #2 Exhibit Exhibit 1 to Declaration of Stephan Lopez, #3 Attachment Declaration of Dan Strubbe, #4 Exhibit Exhibit 2-7 to Declaration of Dan Strubbe) (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
|
Filing 4
Notice of Case Assignment to Magistrate Judge Jeffrey Armistead and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 4/12/2023. Joint Alternate Dispute Resolution Report is due by 5/12/2023. Pretrial Order is due by 5/12/2023. Ordered by Magistrate Judge Jeffrey Armistead. (sb) [Transferred from ord on 12/15/2023.]
|
| Filing 3 Corporate Disclosure Statement . Filed by HIPCAMP, INC.. (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
| Filing 2 Civil Cover Sheet regarding Notice of Removal, #1 . Filed by HIPCAMP, INC.. (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
| Filing 1 Notice of Removal of Case Number 22CV39036 from Multnomah County Oregon Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8754771 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by HIPCAMP, INC. (Attachments: #1 Exhibit Exhibit 1 to Notice of Removal). (Lopez, Stephan) [Transferred from ord on 12/15/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Washington Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
