U.S. District Courts - Oregon ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts Liability Dennis RAMOS and Kelly Smith, Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, Defendant. , D.Or., November 17, 2009 A.E. Bud Bailey, Karen A. Moore, Bailey Pinney & Associates, LLC, James Dana Pinney, Bailey Pinney & Associates, LLP, Vancouver, WA, for Plaintiffs. Carol J. Bernick, Christopher F. McCracken, David W. Blasher, Davis Wright Tremaine, LLP, Portland, OR, for Defendant. OPINION AND ORDER PAPAK, Magistrate Judge: Dennis Ramos, Kelly Smith, Ann Ross, and Maurita Prasad filed a class action lawsuit against U.S. Bank National Association ("U.S.Bank") in the Superior Court for the State of ... FOUNTAINCOURT HOMEOWNERS' ASSOCIATION and Fountaincourt Condominium Owners' Association, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. , D.Or., November 16, 2009 Anthony Rafel, Rafel Law Group PLLC, Portland, OR, Robert O'Halloran, McEwen Gisvold LLP, Portland, OR, for plaintiffs. Todd S. Baran, Todd S. Baran, PC, Portland, OR, for defendant. OPINION AND ORDER AIKEN, Judge: Plaintiffs filed a motion for partial summary judgment regarding the multi-unit exclusion. That motion is denied. BACKGROUND Plaintiffs filed a breach of contract action against defendant insurance company alleging bad faith relating to construction defects at the Founta... Donnell COX; David Doolittle and Carolyn Doolittle, husband and wife; Juan A. Huerta; and Katherine Forrest, Plaintiffs, v. DJO, LLC, a Delaware corporation, et al., Defendants. , D.Or., November 16, 2009 OPINION AND ORDER AIKEN, Chief Judge: Plaintiffs filed suit alleging negligence and products liability arising from the post-operative use of pain pump devices in their shoulder joints. Defendants Moog, Inc. (Moog) and Curlin Medical, Inc. (Curlin) move for summary judgment on plaintiffs' claim of successor liability, arguing that no evidence establishes their liability as successors in interest to defendant McKinley Medical, LLC (McKinley LLC), a manufacturer of the accused pain pumps. T... CAE INC., et al., Plaintiffs, v. THREE CITIES RESEARCH, INC., et al., Defendants. , D.Or., November 16, 2009 OPINION AND ORDER HAGGERTY, District Judge. A number of defendants in this complex case have advanced several motions and motions-in-the-alternative. These defendants, who refer to themselves as the "Three Cities defendants," consist of Three Cities Research, Inc.; Three Cities Fund III, L.P.; TCR Friends III, L.P.; TCR CoInvestors III, L.L.C.; TCR GP, L.L.C.; Christopher Baltes; Willam F.P. De Vogel; Federico Schiffrin; Wiliam Uhrig; Thomas Weld; and Shawn Casey. These defendants advance... PACIFICORP, an Oregon corporation, Plaintiff, v. PUBLIC UTILITY DISTRICT NO. 2 of Grant County a Washington municipal corporation, Defendant. , D.Or., November 16, 2009 Bruce L. Campbell, Joshua M. Sasaki, Michelle E. Barton, Miller Nash LLP, Portland, OR, for Plaintiff. G. Kevin Kiely, Raymond S. Kindley, Thomas A. Brooks, Portland, OR, for Defendant. OPINION AND ORDER KING, District Judge: Plaintiff PacifiCorp is an Oregon energy company that buys power from defendant Public Utility District No. 2 of Grant County ("Grant"). PacifiCorp filed the instant action because it seeks to terminate one of its contracts with Grant. Before the court is Grant'... Vasily KOBEL, Plaintiff, v. CITY OF PORTLAND, James Botaitis, Steven Wuthrich, and Does 1-10, Defendants. , D.Or., November 16, 2009 Steven J. Sherlag, Attorney at Law, Portland, OR, for Plaintiff. William W. Manlove, Office of City Attorney, Portland, OR, for Defendants. OPINION AND ORDER KING, Judge. Plaintiff Vasily Kobel alleges claims of constitutional violations and tortious conduct against Portland police officers and the City of Portland. The officers arrested Kobel, who speaks little English and suffers from dementia, when Kobel went to his son's construction site late in the evening to clean up debris. K... UNITED STATES of America, Plaintiff, v. Kyllo PENN, Defendant. , D.Or., November 16, 2009 Kent S. Robinson, Acting United States Attorney, Pamala R. Holsinger, Scott M. Kerin, Assistant United States Attorneys, Portland, OR, for Plaintiff. Kyllo Penn, Marianna, FL, Defendant, Pro Se. OPINION AND ORDER BROWN, District Judge. This matter comes before the Court on Defendant Kyllo Penn's Motion (# 148) to Amend Fine and Restitution Pursuant to 18 U.S.C. §§ 3572(d) and 3663(f)(1). For the reasons that follow, the Court DENIES Defendant's Motion and DIRECTS the Clerk to transf... Dennis RAMOS and Kelly Smith, Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, Defendant. , D.Or., November 16, 2009 A.E. Bud Bailey, Karen A. Moore, James Dana Pinney, Bailey Pinney & Associates, LLC, Vancouver, WA, for Plaintiffs. Carol J. Bernick, Christopher F. McCracken, David W. Blasher, Davis Wright Tremaine, LLP, Portland, OR, for Defendant. OPINION AND ORDER PAPAK, United States Magistrate Judge: Dennis Ramos, Kelly Smith, Ann Ross, and Maurita Prasad filed a class action lawsuit against U.S. Bank National Association ("U.S.Bank") in the Superior Court for the State of California for the C... William ROBINSON, Plaintiff, v. Michael J. ASTRUE, Defendant. , D.Or., November 16, 2009 Brenda S. Moseley, Coos Bay, OR, for Plaintiff. Franco L. Becia, Assistant Regional Counsel, Social Security Administration, Thomas M. Elsberry, Social Security Administration, Office of the General Counsel, Seattle, WA, Adrian L. Brown, U.S. Attorney's Office, Portland, OR, for Defendant. ORDER ANN AIKEN, District Judge. Magistrate Judge Coffin filed his Findings and Recommendation on October 27, 2009. The matter is now before me. See28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). ... EPIQ CLASS ACTION AND CLAIMS SOLUTIONS, INC. (formerly Poorman-Douglas Corporation), a Rhode Island corporation, Plaintiff, v. James R. PRUTSMAN, an individual; and Rust Consulting, Inc., a Minnesota corporation, Defendants. , D.Or., November 13, 2009 Francis L. Van Dusen, Jr., Miller Nash, LLP, Seattle, WA, Kathryn E. Litchman, Thomas C. Sand, Miller Nash LLP, Portland, OR, for Plaintiff. Adam R. Kelly, Kathleen Carroll Bricken, Garvey Schubert Barer, Portland, OR, Christine A. Samsel, Akin Gump Strauss Hauer & Feld, LLP, Washington, DC, Peter D. Shepherd Harrang Long Gary Rudnick, PC, Salem, OR, for Defendants. OPINION AND ORDER MOSMAN, District Judge. Plaintiff Epiq Class Action and Claims Solutions, Inc. ("ECA") seeks to enjoi... In re FARMERS INSURANCE EXCHANGE CLAIMS REPRESENTATIVES' OVERTIME PAY LITIGATION. , D.Or., November 13, 2009 ORDER ROBERT E. JONES, District Judge. The court completed Part A of this multidistrict overtime pay litigation with entry of final judgment on all then-pending claims on May 2, 2005. The parties appealed, and in March 2007, [FN1] the Ninth Circuit Court of Appeals reversed and remanded this action for entry of judgment in favor of defendant on plaintiffs' Fair Labor Standards Act ("FLSA") claims and for further proceedings on certain state law claims. Following proceedings on remand, on Marc... Frank WATERHOUSE, Plaintiff, v. Officer Ronald FRASHOUR, Officer Joshua Bocchino, Officer Jennifer Musser, Officer Jack Blazer, Defendants. , D.Or., November 13, 2009 Benjamin Wright Haile, Law Offices of Benjamin Haile, J. Clay McCaslin, Law Office of J.C. McCaslin, Portland, OR, for Plaintiff. David A. Landrum, Oregon City Attorney's Office, Portland, OR, for Defendants. ORDER HAGGERTY, District Judge: Plaintiff brought suit against defendants under 42 U.SC. § 1983. On September 18, 2009, a jury returned a verdict against defendants Ronald Frashour and Joshua Bocchino for their use of excessive force in seizing plaintiff Frank Waterhouse. Plaint... Neil B. STAFFORD, Plaintiff, v. Steven POWERS; Darcy Baker; Candace Wheeler; and Eric Rosentreter, Defendants. , D.Or., November 12, 2009 ORDER CLARKE, United States Magistrate Judge. This is an action brought by a pro se plaintiff. Defendants have filed a motion for summary judgment seeking to dismiss plaintiff's case. If defendants' motion is granted, it will result in dismissal of some or all of plaintiffs' claims against defendants. Although it is not required, the Court is issuing this order to inform plaintiff of the requirements of Federal Rule of Civil Procedure Rule 56 and Local Rule 56, which govern motions for summar... Tanya ANDERSEN, Plaintiff, v. ATLANTIC RECORDING CORPORATION, a Delaware corporation; Priority Records LLC, a California limited liability company; Capitol Records, Inc., a Delaware corporation; UMG Recordings, Inc., a Delaware corporation; BMG Mus, D.Or., November 12, 2009 Lory Ray Lybeck, Benjamin R. Justus, Lybeck Murphy, LLP, Mercer Island, WA, Corey D. McGaha, James C. Wyly, Leisa B. Pearlman, Richard A. Adams, Shivali Sharma, Reid D. Miller, Patton, Roberts, McWilliams, & Capshaw, LLP, Texarkana, TX, for Plaintiff. Kenneth R. Davis, II, William T. Patton, Parna A. Mehrbani, Lane Powell P.C., Portland, OR, Amy Bauer, Linnea Brown, Timothy M. Reynolds, Holme Robert & Owen, LLP, Denver, CO, for Defendants. OPINION AND ORDER BROWN, Dictrict Judge. This matt... Brian Matthew AUST, Petitioner, v. Chuck SEELEY, Respondent. , D.Or., November 12, 2009 Kristina S. Hellman, Office of the Federal Public Defender, Portland, OR, for Petitioner. John Kroger, Attorney General, Jonathan W. Diehl, Oregon Department of Justice, Salem, OR, for Respondent. OPINION AND ORDER PANNER, District Judge. Petitioner, an inmate at Warner Creek Correctional Facility, brings this habeas corpus action pursuant to 28 U.S.C. § 2254. He challenges the legality of his 2000 state court conviction, alleging violation of his due process rights and violation of ... C. Edward MOORE, Plaintiff, v. George and Carol LANGLOIS, a/o Tillamook Apartments, Inc.; and City of Tillamook, Defendants. , D.Or., November 10, 2009 C. Edward Moore, Astoria, OR, pro se. ORDER HAGGERTY, District Judge: Magistrate Judge Stewart issued a Findings and Recommendation [11] recommending that this case be dismissed with prejudice for lack of subject matter jurisdiction and failure to state a claim. Objections to portions of the Findings and Recommendation were filed by plaintiff. The matter was then referred to this court for review. When a party objects to any portion of the Magistrate Judge's Findings and Recommendati... UNITED STATES of America, Plaintiff, v. Clifford R. TRACY, Defendant. , D.Or., November 10, 2009 Neil J. Evans, United States Attorney's Office, Portland, OR, for Plaintiff. Brian C. Butler, Federal Public Defender, Medford, OR, for Defendant. ORDER PANNER, District Judge: The United States brings claims for trespass and ejectment against Clifford R. Tracy, who owns an unpatented placer mining claim in the Rogue River-Siskiyou National Forest. Without Forest Service permission, Tracy felled timber, diverted a stream, and excavated rock and soil on his mining claim. I grant the go... Cory W. DUNN, Plaintiff, v. SAFEWAY, INC., a Delaware corporation, Defendant. , D.Or., November 9, 2009 Daniel W. Goff, Daniel W. Goff, P.C., Eugene, OR, for plaintiff. Ralph C. Spooner, Spooner and Much, P.C., Salem, OR, for defendant. OPINION AND ORDER AIKEN, District Judge: Plaintiff Cory W. Dunn ("Dunn") brings this action under 28 U.S .C. 1332 to recover damages resulting from his fall while shopping in a store owned by defendant Safeway, Inc. ("Safeway"). Defendant filed a motion for summary judgment (doc. 20). For the reasons explained below, defendant's motion is denied. STAT... Robert Neil ANDERSON, Petitioner, v. J.E. THOMAS, Respondent. , D.Or., November 9, 2009 Robert A. Weppner, Portland, OR, for Petitioner. Kent S. Robinson Acting United States Attorney, District of Oregon, Suzanne A. Bratis, Assistant United States Attorney, Portland, OR, for Respondent. OPINION AND ORDER MARSH, District Judge. Petitioner, an inmate at FDC Sheridan, brings this habeas corpus proceeding pursuant to 28 U.S.C. § 2241, seeking his reinstatement at a Residential Reentry Center (RRC) or his release to home confinement. For the reasons set forth below, the pet... Robert L. BISHOP, Petitioner, v. Max WILLIAMS, et al., Respondents. , D.Or., November 6, 2009 Kristina Hellman, Assistant Federal Public Defender, Portland, OR, for Petitioner. John R. Kroger, Attorney General, Summer R. Gleason, Senior Assistant Attorney General, Department of Justice, Salem, OR, for Respondents. OPINION AND ORDER BROWN, District Judge. Petitioner brings this habeas corpus action pursuant to 28 U.S.C. § 2254. For the reasons that follow, the Amended Petition for Writ of Habeas Corpus is DENIED. BACKGROUND On December 20, 2000, a Multnomah County grand jury indic... UNITED STATES of America, Plaintiff, v. Jeronimo BOTELLO-ROSALES, Defendant. , D.Or., November 6, 2009 Jennifer J. Martin, United States Attorney's Office, Portland, OR, for Plaintiff. OPINION AND ORDER REDDEN, District Judge: Defendant Jeronimo Botello-Rosales and four co-defendants are charged with conspiracy to manufacture more than 1000 marijuana plants in violation of 21 U.S.C. § 841(a)(1); 841(b)(1)(A)(vii); and 846. Before the court is defendant's motion (doc. 82) to suppress all postarrest statements made by him while in the custody of law enforcement on August 27, 2008, on the g... THUNDERBIRD HOTELS, LLC, an Oregon limited liability corporation, Plaintiff, v. CITY OF PORTLAND, a municipal corporation, and Sam Adams, in his official capacity as a Commissioner of the City of Portland, Defendants. , D.Or., November 5, 2009 Donald R. Stark, John R. Dudrey, Michael D. Williams, Williams Fredrickson, LLC, Portland, OR, for Plaintiff. Terence L. Thatcher, Tracy Pool Reeve, City Attorney's Office, Portland, OR, for Defendants. OPINION & ORDER MOSMAN, J. On September 30, 2009, Magistrate Judge Jelderks issued Findings and Recommendation ("F & R") (# 47) in the above-captioned case recommending that I GRANT defendants' Motion for Summary Judgment (# 10). He recommended that I dismiss the claims against the Ci... James DOVENBERG, Plaintiff, v. UNITED STATES of America, by and through the UNITED STATES FOREST SERVICE; and State of Oregon by and through the Oregon Department of Forestry, Defendants. , D.Or., November 5, 2009 R.W. Perry, Attorney at Law, Lake Oswego, OR, for Plaintiff. Kevin C. Danielson, U.S. Attorney's Office District of Oregon, Portland, OR, for Defendants. OPINION AND ORDER MICHAEL W. MOSMAN, District Judge. Plaintiff James Dovenberg brought suit against the United States, the U.S. Forest Service, the State of Oregon, and the Oregon Department of Forestry for property damage associated with fighting the Shake Table Complex Fire. [FN1] Mr. Dovenberg alleged negligence under the Federa... AL HARAMAIN ISLAMIC FOUNDATION, INC., and Multicultural Association of Southern Oregon, Plaintiffs, v. UNITED STATES DEPARTMENT OF the TREASURY, Timothy Geithner, Office of Foreign Assets Control, Adam J. Szubin, United States Department of Justice, D.Or., November 5, 2009 Thomas H. Nelson, Welches, OR, J. Ashlee Albies, Portland, OR, David D. Cole, Washington, D.C., Lynne Bernabei, Alan R. Kabat, Bernabei & Wachtel, PLLC, Washington, D.C., for Plaintiffs. Jeffrey S. Bucholtz, Jonathan Eli Zimmerman, Eric Joseph Beane, Sandra M. Schraibman, Anthony J. Coppolino, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, D.C., for Defendants. OPINION AND ORDER KING, District Judge. Plaintiffs Al Haramain Islamic Foundation, Inc., an ... Britt WOODRING, Plaintiff, v. CITY OF SANDY, OREGON, Kalen Taylor, and William Bergin, Defendants. , D.Or., November 5, 2009 Edward A. Merrill, Merrill Law, PC, Bend, OR, for Plaintiff. Robert S. Wagner, Miller & Wagner, LLP, Portland, OR, for Defendants. OPINION AND ORDER HAGGERTY, District Judge: Plaintiff brings suit alleging civil rights violations for excessive force, unlawful arrest, and malicious prosecution against the City of Sandy and Sandy Police Officers William Bergin and Kalen Taylor. The parties have obtained extensions, protective orders, and have resolved several discovery disputes. Defend... QSI INDUSTRIES, INC., et al, Plaintiffs, v. ESU, LLC, Defendant. , D.Or., November 5, 2009 John W. Stephens, Kim T. Buckley, Michael J. Esler, Esler Stephens & Buckley, Portland, OR, for Plaintiffs. John Wiley Horton, Pennington Moore Wilkinson Bell & Dunbar, Tallahassee, FL, Thomas H. Tongue, Elizabeth C. Knight, Dunn Carney Allen Higgins & Tongue, LLP, Michael J. Esler, Esler Stephens & Buckley, Portland, OR, for Defendant. OPINION AND ORDER STEWART, United States Magistrate Judge: INTRODUCTION On July 24, 2008, plaintiffs, QSI Industries, Inc. ("QSI"), Frederick E. Sever... UNITED STATES of America, Plaintiff, v. Jesus Fierro RABADAN, Defendant. , D.Or., November 5, 2009 Jesus Fierros Rabadan, Lompoc, CA, pro se. OPINION AND ORDER MICHAEL W. MOSMAN, District Judge. Defendant, appearing pro se, filed a Motion to Vacate, Set Aside or Correct his sentence pursuant to 28 U.S.C. § 2255(# 75) and a Motion for Tolling of One-Year Limitation Period to File a § 2255 Motion (# 77). Mr. Rabadan argues that I should toll the one-year period to file a § 2255 motion because an inmate legal assistant possessed his legal documents and failed to timely file the motion. ... Morse E. STEWART, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; First Horizon Home Loan Corporation; First Horizon National Corporation First Tennessee Bank; First American Title Insurance Company, Defendants. , D.Or., November 4, 2009 Morse E. Stewart, Vernonia, OR, Pro Se Plaintiff. Matthew R. Cleverley, McCarthy and Holthus, Bainbridge Island, WA, for Defendants. ORDER KING, District Judge: The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on October 6, 2009. The court construed a letter as timely objections to the Findings and Recommendation. When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or pris... Morse E. STEWART, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; First) Horizon Home Loan) Corporation; First Horizon) National Corporation First Tennessee Bank; First American Title Insurance Company, Defendants. , D.Or., November 4, 2009 Morse E. Stewart, Vernonia, OR, Pro Se Plaintiff. Matthew R. Cleverley, McCarthy and Holthus, Bainbridge Island, WA, for Defendants. ORDER KING, District Judge: The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on October 6, 2009. Plaintiff filed timely objections to the Findings and Recommendation, but they were incorrectly docketed in case number Cv 09-687-PK. No response to the objections is necessary for the court to resolve the objection... Debra WENTZ, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Or., November 4, 2009 Tim Wilborn, Wilborn Law Office, P.C., Oregon City, OR, for Plaintiff. Kent S. Robinson, Acting United States Attorney, District of Oregon, Adrian L. Brown, U.S. Attorneys Office, Portland, OR, Terrye Erin Shea, Social Security Administration, Office of General Counsel, Seattle, WA, for Defendant. ORDER KING, District Judge: The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on October 1, 2009. Plaintiff filed timely objections to the Finding... Orlando JOHNSON, Petitioner, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Respondent. , D.Or., November 4, 2009 Kristina Hellman, Assistant Federal Public Defender, Portland, OR, for Petitioner. John R. Kroger, Attorney General, Kristen E. Boyd, Assistant Attorney General, Department of Justice, Salem, OR, for Respondent. ORDER HAGGERTY, District Judge: Magistrate Judge Stewart issued a Findings and Recommendation [20] recommending that the Petition for Writ of Habeas Corpus [ 1 ] should be denied, and a judgment should be entered dismissing this case with prejudice. Objections to the Findings... Michael Salvatore BUFFA, Petitioner, v. Brian BELLEQUE, Respondent. , D.Or., November 4, 2009 Anthony D. Bornstein, Assistant Federal Public Defender, Portland, OR, for Petitioner. John R. Kroger, Attorney General, Kristen E. Boyd, Assistant Attorney General, Department of Justice, Salem, OR, for Respondent. ORDER MARSH, District Judge. Magistrate Judge John V. Acosta filed his Findings and Recommendation on October 7, 2009. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When either party objects to any portion of the Magistrate's Fin... HCG SOFTWARE, LLC, Plaintiff, v. PUBLIC-SECTOR SOLUTIONS, INC., Defendant. , D.Or., November 4, 2009 Emily M. Nazarov, John D. Parsons, Parsons Farnell & Grein, LLP, Portland, OR, for Plaintiff. Keil M. Mueller, Robert A. Shlachter, Stoll Stoll Berne Lokting & Schlachter P.C., Portland, OR, for Defendant. ORDER OF REMAND PAPAK, United States Magistrate Judge: Plaintiff HCG Software, LLC ("HCG"), filed this breach of contract action against defendant Public-Sector Solutions, Inc. ("PSS"), in the Multnomah County Circuit Court on July 23, 2009. On August 24, 2009, PSS removed the acti... Larry BRADFORD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Or., November 4, 2009 John E. Haapala, Jr., Eugene, OR, for Plaintiff. David M. Blume, David J. Burdett, Social Security Administration, Seattle, WA, Adrian L. Brown, U.S. Attorney's Office, Portland, OR, for Defendant. ORDER PANNER, District Judge: Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews the legal principles de novo. See Lorin Corp. v.... John CHANOUZAS and Juliane Chanouzas, Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, a federally chartered national bank, and U.S. Bancorp, a Delaware corporation, Defendants. , D.Or., November 3, 2009 George J. Zarzana, George J. Zarzana Attorney at Law, Portland, OR, for Plaintiffs. C. Marie Eckert, Cody J. Elliott, Michelle E. Barton, Miller Nash LLP, Portland, OR, for Defendants. ORDER REDDEN, District Judge: Magistrate Judge Paul Papak issued Findings and Recommendation (# 18) on July 1, 2009. The matter is now before me pursuant to 28 U .S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). Plaintiffs' request for oral argument is denied. None of the parties timely filed objections. Th... PROVIDENCE HEALTH PLANS OF OREGON, an Oregon nonprofit corporation, Plaintiff, v. Carol SIMNITT, Defendant. , D.Or., November 3, 2009 Janine C. Blatt, Druckman & Blatt, PC, Portland, OR, Patricia Stephens Johnson, Gibson & Sharps, PSC, Northville, MI, for Plaintiff. Michael L. Rosenbaum, Clair Miller, Travis J. Mayor, Law Offices of Michael L. Rosenbaum, Portland, OR, for Defendant. ORDER HAGGERTY, District Judge. On March 13, 2009, this court issued an Opinion and Order [40] denying parties' cross motions for summary judgment. In doing so, this court ruled that the Employee Retirement Income Security Act (ERISA) p... KEITH GOODRIDGE CONSTRUCTION, and Keith Goodridge, Plaintiffs, v. WYBS, INC., a Delaware Corporation, doing business as Merchanticircle and John Doe 1, Defendants. , D.Or., November 3, 2009 Crystal M. Henry, The Vandermay Law Firm, Salem, OR, for Plaintiffs. Bruce L. Campbell, Elisa J. Dozono, Miller Nash LLP, Portland, OR, Steven M. McCarthy, Churchill-Leonard, Salem, OR, for Defendants. ORDER MICHAEL R. HOGAN, District Judge. Magistrate Judge Thomas M. Coffin filed his Findings and Recommendation on September 18, 2009. The matter is now before me. See28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligati... Edward J. CAVIN, Plaintiff, v. State of OREGON DEPARTMENT OF JUSTICE DIVISION OF CHILD SUPPORT, Defendant. , D.Or., November 3, 2009 Edward J. Cavin, Salem, OR, pro se. Katharine Von Ter Stegge, Oregon Department of Justice, Salem, OR, for Defendant. ORDER MICHAEL R. HOGAN, District Judge. Magistrate Judge Thomas M. Coffin filed Findings and Recommendation on September 16, 2009, in the above entitled case. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When either party objects to any portion of a magistrate judge's Findings and Recommendation, the district court must make... Jawdat K. MOHAMMAD, Petitioner, v. Eric HOLDER, Jr., Attorney General of the United States, Robert S. Mueller III, Director, Federal Bureau of Investigation, Michael A. Cannon, Chief, National Namecheck Section of the Federal Bureau of Investigatio, D.Or., November 3, 2009 Michael T. Purcell, Portland, OR, for Petitioner. Adrian L. Brown, U.S. Attorney's Office, District of Oregon, Portland, OR, Kimberly Wiggans, U.S. Department of Justice, Washington, DC, for Respondents. OPINION AND ORDER REDDEN, District Judge: On October 20, 2009, Magistrate Judge John Acosta filed his Findings and Recommendation (doc. 71) that the court grant me government's Motion to Dismiss (doc. 66) Petitioner's Complaint as moot. The matter is now before me. See28 U.S.C. § 6... Willie Ray WILLIAMS, Petitioner, v. Mark NOOTH, Respondent. , D.Or., November 2, 2009 Thomas J. Hester, Assistant Federal Public Defender, Portland, OR, for Petitioner. John R. Kroger, Attorney General, Lester R. Huntsinger, Senior Assistant Attorney General, Department of Justice, Salem, OR, for Respondent. OPINION AND ORDER KING, District Judge. Petitioner, an inmate at Snake River Correctional Institution, brings this habeas corpus proceeding pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied, and this proceeding is dismissed, wit... Justin L. FLOYD, Petitioner, v. Guy HALL, Respondent. , D.Or., November 2, 2009 Michael R. Levine, Portland, OR, for Petitioner. John Kroger, Attorney General, Jacqueline Sadker, Assistant Attorney General, Oregon Department of Justice, Salem, OR, for Respondent. ORDER HAGGERTY, District Judge: Magistrate Judge Papak has issued a Findings and Recommendation [29] in this action. The Magistrate Judge recommended that the Amended Petition for Writ of Habeas Corpus [5] should be denied, and Judgment should be entered dismissing this action with prejudice. No objecti... ASSOCIATION OF UNIT OWNERS OF NESTANI--A Grecian Villa, an Oregon limited liability company, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , D.Or., November 2, 2009 Dwain M. Clifford, Ball Janik LLP, Portland, OR, for plaintiff. Thomas A. Gordon, Andrew S. Moses, Brian C. Hickman, Gordon & Polscer, LLC, Portland, OR, for defendant. OPINION AND ORDER AIKEN, Chief Judge: Plaintiff, Association of Unit Owners of Nestani, brings this action to recover under a Condominium/Association Policy ("Policy") issued by defendant for loss sustained at its condominiums ("Nestani"). Plaintiff alleges that this loss is covered under the Policy as a collapse caused b... Willie BANKS, Sr., Plaintiff, v. State of OREGON, et al., Defendants. , D.Or., October 30, 2009 Willie Banks, Sr., pro se. ORDER TO PROCEED IN FORMA PAUPERIS AND TO DISMISS HAGGERTY, District Judge. IN FORMA PAUPERIS/FILING FEE Plaintiff brings this civil action pro se. Plaintiff moves to proceed in forma pauperis (# 1). An examination of the application reveals that plaintiff is unable to afford the fees of this action. Accordingly, IT IS ORDERED that the provisional in forma pauperis status given the plaintiff is confirmed. However, the Clerk of the Court shall not issue process.... Tracie C. ERLANDSON, and Matthew L. Erlandson, wife and husband, and as Guardians Ad Litem for A.E., C.E., and S.E., minors, Plaintiffs, v. FORD MOTOR COMPANY, Defendant. , D.Or., October 30, 2009 Matthew L. Erlandson, Lake Oswego, OR, Plaintiffs, Pro Se. Nancy M. Erfle, Christiane R. Fife, Schwabe Williamson & Wyatt, P .C., Portland, OR, for Defendant. OPINION AND ORDER BROWN, District Judge. This matter comes before the Court on the Motion (# 37) for Summary Judgment, the Renewed Motion (# 42) to Exclude Matthew Erlandson as an Expert, and the Motion (# 61) for Partial Summary Judgment on Plaintiff's Claim for Punitive Damages filed by Defendant Ford Motor Company. For the reaso... NORTHWEST ENVIRONMENTAL DEFENSE CENTER, a non-profit corporation, and Friends of the Tualatin River National Wildlife Refuge, a non-profit corporation, Plaintiffs, v. GRABHORN, INC., an Oregon corporation, Defendant. , D.Or., October 30, 2009 Karl G. Anuta, Law Office of Karl G. Anuta, PC, Thomas C. Buchele, Lewis & Clark Law School, Daniel P. Mensher, Portland, OR, for Plaintiffs. Patrick G. Rowe, George Wayne McKallip, Jr., Sussman Shank, LLP, Portland, OR, for Defendant. OPINION AND ORDER STEWART, United States Magistrate Judge. Plaintiff Northwest Environmental Defense Center ("NEDC") is a non- profit environmental organization dedicated to protecting water quality throughout Oregon. Plaintiff Friends of the Tualatin ... MLM PROPERTY, LLC, a Limited Liability Company; and L & M Produce, Inc., a Domestic Business Corporation, Plaintiffs, v. COUNTRY CASUALTY INSURANCE COMPANY, a Foreign Business Corporation, Defendant. , D.Or., October 30, 2009 ORDER CLARKE, United States Magistrate Judge. Plaintiffs MLM Property, LLC, a Limited Liability Company, and L & M Produce, Inc., a Domestic Business Corporation, ("Plaintiffs") bring this action for breach of insurance contract and intentional interference with economic relationships against Defendant Country Casualty Insurance Company, a foreign business corporation ("Defendant"). The amount in controversy is in excess of $75,000, and there is complete diversity between parties. (Pls.' Comp... Peter T. HARRELL, Plaintiff, v. SOUTHERN OREGON UNIVERSITY, et al., Defendants. , D.Or., October 30, 2009 Peter T. Harrell, Ashland, OR, pro se. Joseph G. Groshong, Oregon Department of Justice, Salem, OR, for Defendants. ORDER PANNER, Judge. On October 16, 2009, Magistrate Judge Clarke filed his Report and Recommendation, which recommends denying Plaintiff Peter Harrell's motion for a preliminary injunction. Harrell timely objected. The matter is now before me for de novo review pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). Two principal questions are before the Court: (1)... Kay HALBERT, Plaintiff, v. Michael J. ASTRUE, Defendant. , D.Or., October 29, 2009 Alan R. Unkeles, Alan R. Unkeles, PC, Beaverton, OR, for Plaintiff. David J. Burdett, Social Security Administration, Seattle, WA, Adrian L. Brown, U.S. Attorney's Office, Portland, OR, for Defendant. OPINION AND ORDER PAPAK, United States Magistrate Judge: Plaintiff Kay Halbert filed this action against defendant Michael A. Astrue, Commissioner of Social Security, on April 2, 2008, seeking judicial review of the Commissioner's decision finding Halbert not disabled for purposes of en... Deborah PLUM, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , D.Or., October 29, 2009 Allan H. Coons, Julianna Coons, Coons & Coons, Eugene, OR, for Plaintiff. Karin J. Immergut, United States Attorney, Adrian L. Brown, Brittania I. Hobbs, Assistant United States Attorney, Portland, OR, David Morado, Office of the General Counsel, David M. Blume, Kathryn Ann Miller, Thomas M. Elsberry, Special Assistant United States Attorneys, Seattle, WA, for Defendant. ORDER ANNA J. BROWN, District Judge. Magistrate Judge Dennis James Hubel issued Findings and Recommendation (# 22) on... James KELLY, Plaintiff, v. IRONWOOD COMMUNICATIONS INC., a Nevada Corporation, Defendant. , D.Or., October 29, 2009 Carl Lee Post, Attorney at Law, Daniel J. Snyder, Law Offices of Daniel Snyder, Portland, OR, for Plaintiff. Jennifer L. Mora, Littler Mendelson, PC, Portland, OR, Joanna M. Silverstein, Leigh Ann Collings Tift, Littler Mendelson, PC, Seattle, WA, for Defendant. FINDINGS OF FACT & CONCLUSIONS OF LAW CLARKE, United States Magistrate Judge: Plaintiff James Kelly ("Plaintiff") filed a complaint against Defendant Ironwood Communications, Inc. ("Defendant") alleging three claims for unlawful ... Jewell Morning Star FARRIS, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , D.Or., October 29, 2009 Philip W. Studenberg, Attorney at Law, Klamath Falls, OR, for Plaintiff. Karin J. Immergut, United States Attorney, Adrian L. Brown, Assistant United States Attorney, Portland, OR, David Morado, Office of the General Counsel, David J. Burdett, Leisa A. Wolf, Willy M. Le, Special Assistant United States Attorneys, Seattle, WA, for Defendant. ORDER BROWN, District Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (# 17) on August 14, 2009, in which she recommend... Stephen B. PUCCETTI and Richard Bottini, Plaintiffs, v. Jeff SPENCER, Brad Duncan, and Chris Hawkins, Defendants. , D.Or., October 28, 2009 Michelle R. Burrows, Attorney at Law, Portland, OR, for Plaintiffs. John R. Kroger, Attorney General, Joseph G. Groshong, Assistant Attorney General, Leonard W. Williamson, Attorney-In-Charge, Department of Justice, Salem, OR, for Defendants. OPINION AND ORDER ANN AIKEN, District Judge. Plaintiffs Stephen B. Puccetti ("Puccetti") and Richard Bottini ("Bottini") bring this action for violation of their federal constitutional rights under 28 U.S.C. §§ 1331 and 1343. Defendants Jeff Sp... Shawn C. McWEENEY, Petitioner, v. Nancy HOWTON, Respondent. , D.Or., October 28, 2009 Anthony D. Borstein, Assistant Federal Public Defender, Portland, OR, for Petitioner. John R. Kroger, Attorney General, Lester Huntsinger, Senior Assistant Attorney General, Department of Justice, Salem, OR, for Respondent. ORDER MARSH, Judge. Magistrate Judge John V. Acosta filed his Findings and Recommendation on September 9, 2009. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When either party objects to any portion of the Magistrate's Fi... Kevin HICKS, Plaintiff, v. HSINTERNATIONAL SPORTS MANAGEMENT, INC., a California corporation; and Emanuel Hudson, an individual, Defendants. , D.Or., October 27, 2009 Jona Jolyne Maukonen, Joshua P. Stump, Harrang Long Gary Rudnick, Portland, OR, for Plaintiff. Paul E. Loving, Paul Loving, PC, Portland, OR, for Defendants. ORDER MICHAEL R. HOGAN, District Judge. Defendants HSInternational Sports Management, Inc. (HSI) and Emanuel Hudson seek to abate plaintiff Kevin Hicks's claims against them and compel arbitration in Orange County, California pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 3. [FN1] FN1. Defendants also seek, in the alt... J.E. DUNN NORTHWEST, INC., an Oregon corporation, Plaintiff, v. SALPARE BAY, LLC, an Oregon limited liability company; Harbor Investors, LLC, an Oregon limited liability company; Bankfirst, Inc., a South Dakota corporation; Triad Mechanical, Inc., , D.Or., October 26, 2009 Arnold L. Gray, Angela M. Otto, Stewart Sokol & Gray, LLC, Portland, OR, for Plaintiff. Dean M. Phillips, Nicholas A. Kampars, Davis Wright Tremaine LLP, Portland, OR, for Defendant Bellingham Marine Industries, Inc. Amanda M. Walkup, Todd R. Johnston, Hershner Hunter, LLP, Eugene, OR, for Federal Deposit Insurance Corporation seeking substitution for BankFirst. Robert L. O'Halloran, McEwen Gisvold LLP, Portland, OR, for Defendant Marion Construction Company. OPINION AND ORDER KIN... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com