| Court: | ord |
| Docket #: | 3:14-cv-00146 |
| Case Name: | Schwern v. Plunkett |
| PACER case #: | 115658 |
| Date filed: | 2014-01-27 |
| Date terminated: | 2017-02-24 |
| Date of last filing: | 2017-03-31 |
| Assigned to: | Magistrate Judge Paul Papak |
| Case Cause: | 28:1332 Diversity-Libel,Assault,Slander |
| Nature of Suit: | 320 Assault, Libel, and Slander |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Michael G Schwern Plaintiff |
Bear Wilner-Nugent |
| Noirin Plunkett Defendant (deceased) TERMINATED: 11/03/2015 |
Dan G. Booth Lake James H. Perriguey Erin K. Olson |
| Patrick Plunkett Defendant personal representative of the Estate of Noirin Plunkett |
Dan G. Booth Lake James H. Perriguey |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-01-27 | 1 | 0 | Complaint | Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3561747 Jury Trial Requested: Yes. Filed by Michael G Schwern against Noirin Plunkett (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Wilner-Nugent, Bear) (Entered: 01/27/2014) | 2014-02-05 13:10:24 | 217dc8bd2b026441cd320d7cf1195f889129422a |
| 1 | 1 | |||||
| 1 | 2 | |||||
| 2014-01-27 | 2 | 0 | Discovery order | Notice of Case Assignment to Magistrate Judge Paul Papak 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 5/27/2014. Joint Alternate Dispute Resolution Report is due by 6/26/2014. Pretrial Order is due by 6/26/2014. Ordered by Magistrate Judge Paul Papak. (cib) (Entered: 01/28/2014) | 2014-02-28 13:00:40 | 146d934e097f9a4969f9b4afce44fc739b52940e |
| 2014-01-30 | 3 | 0 | Summons Issued | Summons Issued Electronically as to Noirin Plunkett. 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. (jtj) (Entered: 01/30/2014) | 2014-02-28 13:01:03 | 5e971857b2a05f81c7203f7c4cb3d58bc64a767c |
| 2014-02-20 | 4 | 0 | Motion to Strike | Motion to Strike Pursuant to ORS 31.150 Complaint, 1 . Oral Argument requested. Filed by Noirin Plunkett. (Olson, Erin) (Entered: 02/20/2014) | 2014-02-28 13:02:23 | 968c9317f3f239a795a2e3ed7272e591e2f1d009 |
| 2014-02-20 | 5 | 0 | Memorandum in Support of Motion | Memorandum in Support of Special Motion to Strike Pursuant to ORS 31.150. Filed by Noirin Plunkett. (Related document(s): Motion to Strike 4 .) (Olson, Erin) (Entered: 02/20/2014) | 2014-02-20 14:11:15 | 3547c691bdb99d8e5a2c0856f1f019fc50372ba6 |
| 2014-02-20 | 6 | 0 | Declaration | Declaration of Noirin Plunkett . Filed by Noirin Plunkett. (Related document(s): Motion to Strike 4 .) (Olson, Erin) (Entered: 02/20/2014) | 2014-02-20 14:08:27 | 125a167eb7bccac1a9fac9007dd04e07f17a661a |
| 2014-02-20 | 7 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion to Strike All Claims 4 on the Oral Argument Calendar of 4/9/2014 at 10:00AM in Courtroom 10-B. (gm) (Entered: 02/20/2014) | ||
| 2014-03-04 | 8 | 0 | Motion for Extension of Time to File Response/Reply to a Motion | Motion for Extension of Time to File a Response/Reply to Motion to Strike Pursuant to ORS 31.150 Complaint, 1 4 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/04/2014) | 2014-06-11 22:30:14 | 90efe698470b5747e354313f0a4e1331504b4efa |
| 2014-03-04 | 9 | 0 | Declaration | Declaration of Bear Wilner-Nugent . Filed by Michael G Schwern. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 8 .) (Wilner-Nugent, Bear) (Entered: 03/04/2014) | 2014-03-12 22:26:30 | b3fb7550f094d7f1cea5ddc2f7593b9d3fcf3249 |
| 2014-03-05 | 10 | 0 | Response in Opposition to Motion | Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion to Strike Pursuant to ORS 31.150 Complaint, 1 4 8 . Filed by Noirin Plunkett. (Olson, Erin) (Entered: 03/05/2014) | 2014-03-12 18:36:51 | eb0ed82980e57d00ed0f00ea2871602cd22da9fd |
| 2014-03-05 | 11 | 0 | Declaration | Declaration of Erin K. Olson . Filed by Noirin Plunkett. (Related document(s): Response in Opposition to Motion 10 .) (Olson, Erin) (Entered: 03/05/2014) | 2014-03-12 18:37:06 | 3b88134e68c1c59c3e71020dcaa10e4ba06f2044 |
| 2014-03-10 | 12 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 3/10/2014 at 3:15PM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 03/10/2014) | ||
| 2014-03-10 | 13 | 0 | Scheduling Conference | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 3/10/14. Order: Granting Plaintiff's Motion for Extension of Time 8 as follows: Response to motion to dismiss/strike due by 3/20/2014. Reply to response due by 4/3/2014. Order: Discovery is Stayed pending final ruling on the pending motion to dismiss/strike. Bear Wilner-Nugent present as counsel for plaintiff(s). Erin Olson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 03/10/2014) | ||
| 2014-03-20 | 14 | 0 | Response in Opposition to Motion | Response in Opposition to Motion to Strike Pursuant to ORS 31.150 Complaint, 1 4 Oral Argument requested. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/20/2014) | 2014-04-25 18:32:59 | a8e72e0e9f54a175c5eafa5ae904d64bfab9b00e |
| 2014-03-20 | 15 | 0 | Declaration | Declaration of Michael G. Schwern . Filed by Michael G Schwern. (Related document(s): Response in Opposition to Motion 14 .) (Wilner-Nugent, Bear) (Entered: 03/20/2014) | 2014-04-25 18:33:26 | 0c9bcb4ece7552739146a9ba88584a7e660b317e |
| 2014-03-20 | 16 | 0 | Exhibits | Exhibits re Response in Opposition to Motion 14 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/20/2014) | 2014-04-25 18:34:18 | 8facd42569427c1b2bc871c4efd48b0dfcb1fa28 |
| 2014-03-30 | 17 | 0 | Declaration | Declaration of Bear Wilner-Nugent . Filed by Michael G Schwern. (Related document(s): Response in Opposition to Motion 14 .) (Wilner-Nugent, Bear) (Entered: 03/30/2014) | 2014-06-11 22:29:18 | 256968e28ee6feaaf9a2f1efc84abae3d701953c |
| 2014-04-02 | 18 | 0 | Reply to Motion | Reply in Support of to Motion to Strike Pursuant to ORS 31.150 Complaint, 1 4 Oral Argument requested. Filed by Noirin Plunkett. (Olson, Erin) (Entered: 04/02/2014) | 2014-04-27 00:32:56 | 3b0473ab5455b4828a082e02ce2c40f97693ecb8 |
| 2014-04-09 | 19 | 0 | Declaration | Declaration of Casey West . Filed by Michael G Schwern. (Related document(s): Response in Opposition to Motion 14 .) (Wilner-Nugent, Bear) (Entered: 04/09/2014) | 2014-06-11 22:21:11 | 53f3a17682f5f4aef1af867f97f690955eaedc2d |
| 2014-04-09 | 20 | 0 | Motion Hearing Held | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 4/9/14. Order: Defendant's Motion to Strike All Claims 4 on the under advisement calendar of 4/9/2014. Bear Wilner-Nugent present as counsel for plaintiff(s). Erin Olson present as counsel for defendant(s). Tape No: FTR-10B. (gm) (Entered: 04/09/2014) | ||
| 2014-04-22 | 21 | 0 | Findings & Recommendation | Findings & Recommendation: Plunkett's special Motion to Strike 4 should be denied. The automatic stay of discovery in this action should, in consequence, be lifted. Signed on 4/22/14 by Magistrate Judge Paul Papak. (gm) (Entered: 04/22/2014) | 2014-04-29 12:35:10 | 5b4d8150788cccafa70e4e73407a14c1b7b3ca91 |
| 2014-04-22 | 22 | 0 | Findings & Recommendation Referred | ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 21 is referred to Judge Marco A. Hernandez for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm) (Entered: 04/22/2014) | ||
| 2014-05-06 | 23 | 0 | Objections to Findings & Recommendation | Objections to Findings & Recommendation: Motion to Strike Pursuant to ORS 31.150 Complaint, 1 4 should be denied 21 . Filed by Noirin Plunkett. (Olson, Erin) (Entered: 05/06/2014) | 2014-05-07 16:33:12 | bf5e8d48035315a79566e1ca1b3fa0030757ad86 |
| 2014-05-20 | 24 | 0 | Response to Objections to Findings & Recommendation | Response to Objections to Findings & Recommendation. Related document(s): 21 Findings & Recommendation, 23 Objections to Findings & Recommendation. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 05/20/2014) | 2014-05-21 12:42:19 | bb0439ee122003aa0de519619f74a9bb39548209 |
| 2014-07-07 | 25 | 0 | Order on motion to strike | ORDER: The Court adopts Magistrate Judge Papak's Findings and Recommendation 21 . Therefore, Plaintiff's motion to strike 4 pursuant to ORS ยง 31.150 is denied and the automatic stay of discovery is lifted. See 2-page order attached. Signed on 7/7/2014 by Judge Marco A. Hernandez. (mr) (Entered: 07/08/2014) | 2014-07-08 14:18:18 | 2a2426919e6f24fa2433b6bb6eb4e278766834e3 |
| 2014-07-08 | 26 | 0 | Notice of Appeal | Notice of Appeal to the 9th Circuit from Order on motion to strike, Order on Findings & Recommendation,, 25 Filing fee $505 collected; Agency Tracking ID 0979-3748138: . Filed by Noirin Plunkett. (Olson, Erin) (Entered: 07/08/2014) | 2014-07-08 19:06:26 | e64ccf45395d3ab7123d4c9f500c2c879145dee7 |
| 2014-07-09 | 27 | 0 | Transcript Designation and Order Form | Transcript Designation and Order Form for the Oral Argument hearing held on 4/9/14 before Judge Paul Papak. Tape Number: FTR-10B. Filed by Noirin Plunkett. Transcript is due by 8/11/2014. (cib) (Entered: 07/10/2014) | 2014-07-11 12:17:15 | 9f629078973afb07e4602b7a750db6bf28d666d2 |
| 2014-07-14 | 28 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 7/17/2014 at 10:00AM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 07/14/2014) | ||
| 2014-07-15 | 29 | 0 | Motion for Stay | Motion for Stay Pending Appeal. Oral Argument requested. Filed by Noirin Plunkett. (Olson, Erin) (Entered: 07/15/2014) | 2014-07-24 11:37:34 | c6ed0b3a1ec13788fdffec84cc5adcca83918a3b |
| 2014-07-15 | 30 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Resetting the Telephone Conference from 7/17/2014 at 10:00AM to 7/23/2014 at 1:30PM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 07/15/2014) | ||
| 2014-07-22 | 31 | 0 | Response in Opposition to Motion | Response in Opposition to Motion for Stay Pending Appeal 29 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 07/22/2014) | 2014-07-24 11:37:53 | 8ce0e93e2068e3291877914065a63400c454fc07 |
| 2014-07-22 | 32 | 0 | Reply to Motion | Reply in Support of to Motion for Stay Pending Appeal 29 . Filed by Noirin Plunkett. (Olson, Erin) (Entered: 07/22/2014) | 2014-07-24 11:38:13 | da7cce3fd40d9c4cf921e11899c4fb80cb8432a1 |
| 2014-07-23 | 33 | 0 | Memorandum in Opposition | Supplemental Memorandum in Opposition to Motion for Stay Pending Appeal 29 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 07/23/2014) | 2014-07-25 01:59:02 | 5892deac4aa6a7cb022913754c851db88a40db11 |
| 2014-07-23 | 34 | 0 | Status Conference | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 7/23/14. Order: Reserving Ruling on Defendant's Motion to Stay Pending Appeal 29 pending further order of the court. Further proceedings in this action are temporarily Stayed pending further order of the court. The parties are directed to advise the court as to any developments in connection with the Order to Show Cause now pending before the 9th Circuit Court of Appeals in connection with plaintiff's appeal from this court's order 25 dated July 7, 2014. Bear Wilner-Nugent present as counsel for plaintiff(s). Erin Olson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 07/23/2014) | ||
| 2014-08-11 | 35 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 8/12/2014 at 2:30PM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 08/11/2014) | ||
| 2014-08-11 | 36 | 0 | Transcript of Proceedings | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on April 9, 2014, before Judge Paul Papak, Transcriber Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/21/2014. Redaction Request due 9/5/2014. Redacted Transcript Deadline set for 9/15/2014. Release of Transcript Restriction set for 11/13/2014. (Erwin, Jill) (Entered: 08/11/2014) | 2014-12-17 02:18:06 | ce9841d14945f6de3d08eb5d8833af478dc741ae |
| 2014-08-12 | 37 | 0 | Motion Hearing Held | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 8/12/14. Opinion & Order on Defendant's Motion to Stay 29 to follow. Bear Wilner-Nugent present as counsel for plaintiff(s). Erin Olson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 08/13/2014) | ||
| 2014-08-15 | 38 | 0 | Order on motion for stay | OPINION & ORDER: Plunkett's Motion for Stay 29 of these proceedings is Granted. This action is Stayed pending the outcome of Plunkett's appeal to the Ninth Circuit of this court's Order 25 dated July 7, 2014. The parties are directed to file a formal Joint Status Report every 120 days from the date hereof regarding the status of Plunkett's appeal, and, in addition, promptly to advise the court of any material developments in connection with the appellate proceedings. Signed on 8/15/14 by Magistrate Judge Paul Papak. (gm) (Entered: 08/15/2014) | 2015-03-03 19:47:25 | 477d00df231dbdf8d1316b66700ef4837c72a6dd |
| 2014-12-12 | 39 | 0 | Joint Status Report | First Joint Status Report . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 12/12/2014) | 2014-12-17 02:19:13 | 7cb35b8eb46b60513f9bdf69802947e0867969fc |
| 2015-03-27 | 40 | 0 | Motion to Withdraw | Motion to Withdraw as Counsel for Defendant. Filed by Noirin Plunkett. (Olson, Erin) (Entered: 03/27/2015) | 2015-03-27 23:06:27 | 11a99f72222be96fed8f5a8edcfbcf46ddfb18f0 |
| 2015-04-08 | 41 | 0 | Joint Status Report | Second Joint Status Report . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 04/08/2015) | 2015-04-09 00:24:22 | 75dba9661510738d80c765a8f16be6d74af770ff |
| 2015-04-07 | 42 | 0 | Order on Motion to Withdraw | ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's Motion for Withdrawal of Attorney Erin K. Olson as Counsel of Record 40 . Defendant Noirin Plunkett shall proceed pro se and with all future notifications being sent to her address of: 1107 Cambridge Street, Cambridge, Massachusetts, 02139-1411. Defendant will have until 5/15/2015 to advise this court as to her efforts to obtain new counsel or otherwise indicate if she intends to proceed pro se in this case. (gm) (Entered: 04/08/2015) | ||
| 2015-04-08 | 43 | 0 | Clerks Notice of Mailing | Clerk's Notice of Mailing to pro se Plaintiff Noirin Plunkett regarding Order 42 . (gm) (Entered: 04/08/2015) | ||
| 2015-05-04 | 44 | 0 | Motion to Reopen Case | Motion to Reopen Case to lift stay pending appeal for a limited purpose. Oral Argument requested. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 05/04/2015) | 2015-06-03 16:27:06 | 7cafe5cc75dd461eaa1fbe0d659171f96584deab |
| 2015-05-04 | 45 | 0 | Motion for Imposition of Sanctions | Motion for Imposition of Sanctions . Oral Argument requested. Filed by Michael G Schwern. (Attachments: # 1 Exhibit Exhibits 11-14, # 2 Exhibit Exhibit 15, # 3 Exhibit Exhibits 16-17) (Wilner-Nugent, Bear) (Entered: 05/04/2015) | ||
| 45 | 1 | Exhibit Exhibits 11-14 | ||||
| 45 | 2 | Exhibit Exhibit 15 | ||||
| 45 | 3 | Exhibit Exhibits 16-17 | ||||
| 2015-05-04 | 46 | 0 | Memorandum in Support of Motion | Memorandum in Support . Filed by Michael G Schwern. (Related document(s): Motion for Imposition of Sanctions 45 .) (Wilner-Nugent, Bear) (Entered: 05/04/2015) | 2015-06-03 16:28:59 | 942f3721ef18b6cc31c6d03bdcbcb0cf0a88e22b |
| 2015-05-05 | 47 | 0 | Certificate of Compliance | Certificate of Compliance with LR 7-1(a). Filed by Michael G Schwern. (Related document(s): Motion to Reopen Case 44 , Motion for Imposition of Sanctions 45 .) (Wilner-Nugent, Bear) (Entered: 05/05/2015) | 2015-06-03 16:29:14 | 0f9f7d27a66a212f2fa8d9f7cf784375a5831e4d |
| 2015-05-07 | 48 | 0 | Attorney Appearance | Notice of Appearance of Lake James H. Perriguey appearing on behalf of Noirin Plunkett Filed by on behalf of Noirin Plunkett (Perriguey, Lake James) (Entered: 05/07/2015) | 2015-06-03 16:29:21 | 6f0c827dd95cbe639b8d8d0cf4418ebd5b87c435 |
| 2015-05-07 | 49 | 0 | Attorney Appearance | Amended Notice of Appearance of Lake James H. Perriguey appearing on behalf of Noirin Plunkett Filed by on behalf of Noirin Plunkett (Perriguey, Lake James) (Entered: 05/07/2015) | 2015-06-03 16:31:14 | 3b9f28bf23e27c7f6845380aa27e27af73324ebb |
| 2015-05-07 | 50 | 0 | Motion to Appear Pro Hac Vice | Motion for Leave to Appear Pro Hac Vice for Attorney Daniel G. Booth . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4110491. Filed by Noirin Plunkett. (Perriguey, Lake James) (Entered: 05/07/2015) | 2015-06-03 16:30:04 | 4f49e1d1f2da7c834482ae3d376fc8dd10d9c91f |
| 2015-05-12 | 51 | 0 | Order on Application for Special Admission Pro Hac Vice | ORDER: Granting Application for Special Admission Pro Hac Vice of Dan G. Booth for Noirin Plunkett. Application Fee in amount of $100 collected. Receipt No. 0979-4110491 issued. Signed on 5/12/2015 by Magistrate Judge Paul Papak. (ecp) (Entered: 05/12/2015) | 2015-06-03 16:30:42 | 478d1d93f135da9faa0ca30623ffe1a1dce03a8e |
| 2015-05-12 | 52 | 0 | Notification of New CM/ECF Account | Notification of CM/ECF Account for Attorney Dan G. Booth (appearing Pro Hac Vice). Your login is: dgbooth. Go to the CM/ECF login page to set your password. (ecp) (Entered: 05/12/2015) | ||
| 2015-05-12 | 53 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion to Lift Stay Pending Appeal for a Limited Purpose 44 and Plaintiff's Motion for Sanctions against Defendant 45 on the Telephonic Oral Argument Calendar of 6/23/2015 at 1:30PM in Portland Courtroom 10B before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. Responses to motions to lift stay and for sanctions due by 5/29/2015. Replies to motions to lift stay and for sanctions due by 6/16/2015. (gm) (Entered: 05/12/2015) | ||
| 2015-05-22 | 54 | 0 | Motion for Extension of Time to File Response/Reply to a Motion | Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions 45 . Filed by All Defendants. (Booth, Dan) (Entered: 05/22/2015) | 2015-06-03 16:30:56 | 01186dc1b4324cfa943f408846f8f7564bd147a1 |
| 2015-05-22 | 55 | 0 | Response to Motion | Response to Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions 45 54 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 05/22/2015) | 2015-06-03 16:34:44 | a257b58f93c60dc8f4bb29cf366fdfac7cd3893a |
| 2015-05-28 | 56 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's Motion for Extension of Time 54 as follows: Response to Plaintiff's motion for sanctions due 14 days after the 6/23/2015 telephonic oral argument on Plaintiff's Motion to Life Stay 44 . Order: Striking the Telephonic Oral Argument on 6/23/2015 concerning Plaintiff's Motion for Sanctions against Defendant 45 (only). The oral argument will be reset following final ruling on the motion to lift stay. (gm) (Entered: 05/29/2015) | ||
| 2015-05-29 | 57 | 0 | Response in Opposition to Motion | Response in Opposition to Motion to Reopen Case to lift stay pending appeal for a limited purpose 44 . Filed by Noirin Plunkett. (Attachments: # 1 Exhibit Exhibits A - G) (Perriguey, Lake James) (Entered: 05/29/2015) | 2015-06-08 20:16:43 | c3f19446ee094b40d95e3488e598cf6a3b60820c |
| 57 | 1 | Exhibit Exhibits A - G | 2015-07-13 01:43:24 | d0c3e893d228eaa23a8fb2e2ef0c886435d17bdd | ||
| 2015-06-16 | 58 | 0 | Reply to Motion | Reply Memorandum of Law in Support to Motion to Reopen Case to lift stay pending appeal for a limited purpose 44 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 06/16/2015) | 2015-07-13 01:42:37 | 76438cad0d1c7ef0fea0ebc3a07f60ae8108690e |
| 2015-06-23 | 59 | 0 | Status Conference | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Oral Argument held 6/23/15. Order: Plaintiff's Motion to Lift Stay Pending Appeal for a Limited Purpose 44 and Plaintiff's Motion for Sanctions Against Defendant 45 are taken under advisement as of 6/23/2015. Bear Wilner-Nugent present as counsel for plaintiff(s). Dan Booth; Lake Perriguey present as counsel for defendant(s). Court Reporter: Jill Erwin. (gm) (Entered: 06/24/2015) | ||
| 2015-06-25 | 60 | 0 | Order on motion to Reopen | OPINION & ORDER: Plaintiff's Motion to Lift the Stay of these Proceedings for a Limited Purpose 44 is Denied. Signed on 6/25/15 by Magistrate Judge Paul Papak. (gm) (Entered: 06/25/2015) | 2015-07-13 01:47:26 | 32fda39c7f4cce25833a76f3180bf077718b254a |
| 2015-07-31 | 61 | 0 | Notice | Notice on Record of Defendant's Death Filed by Noirin Plunkett (Booth, Dan) (Entered: 07/31/2015) | 2015-08-08 20:43:15 | 1b02ee47deadb9b768df11200d2fe7ab8a74633d |
| 2015-07-31 | 62 | 0 | Joint Status Report | Third Joint Status Report . Filed by Noirin Plunkett. (Booth, Dan) (Entered: 07/31/2015) | 2015-08-08 20:50:33 | 15e4d46c1b6ed52f9e1d1507fcfcfa9a5170d894 |
| 2015-10-27 | 63 | 0 | Motion to Substitute Party | Motion to Substitute a Party Defendant. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 10/27/2015) | 2015-11-29 16:33:39 | cbb9cbf0162a67478190943773894c743bbe2c5c |
| 2015-11-03 | 64 | 0 | Order on motion to substitute party | ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Motion to Substitute Defendant 63 . Defendant Patrick Plunkett, personal representative of the Estate of Noirin Plunkett, is substituted in place of Defendant Noirin Plunkett (deceased). All future pleadings shall reflect this change in the case caption. (gm) (Entered: 11/03/2015) | ||
| 2015-12-01 | 65 | 0 | Status Report | Fourth Status Report by Michael G Schwern. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 12/01/2015) | 2015-12-01 21:14:13 | 75ea4001f2a1e78528a62dca982903ec837c9dc9 |
| 2015-12-01 | 66 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: As action remains Stayed pending the outcome of Plunkett's appeal to the Ninth Circuit of this court's Order 25 , Plaintiff is directed to file another formal Status Report on or before 3/30/2016. Once service is perfected as to newly substituted defendant, then both parties shall resume filing formal Joint Status Reports. (gm) (Entered: 12/01/2015) | ||
| 2016-02-01 | 67 | 0 | Affidavit of Service | Affidavit of Service of Motion to Substitute a Party Defendant 63 upon Patrick Plunkett served on 1/18/2016 Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 02/01/2016) | 2016-03-13 01:50:10 | a3264a5d5935185035aa2bd5bb3398be0ed19718 |
| 2016-02-08 | 68 | 0 | Motion to Vacate | Motion to Vacate Order on motion to substitute party, 64 , Motion to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Patrick Plunkett. (Booth, Dan) (Entered: 02/08/2016) | 2016-03-13 01:39:22 | 017f9605ad02769f54151f7a406783b9f6e540e0 |
| 2016-02-22 | 69 | 0 | Response in Opposition to Motion | Response in Opposition to Motion to Vacate Order on motion to substitute party, 64 Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 68 Oral Argument requested. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 02/22/2016) | 2016-03-13 01:50:26 | 25fc4cfece266d78845a39d21423585ab52931a1 |
| 2016-03-03 | 70 | 0 | Scheduling | ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for Relief Under FRCvP 60(b)(1) 68 and Defendant's Rule 12 Motion to Dismiss 68 on the Telephonic Oral Argument Calendar of 3/17/2016 at 10:00AM in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm) (Entered: 03/03/2016) | ||
| 2016-03-07 | 71 | 0 | Reply to Motion | Reply to Motion to Vacate Order on motion to substitute party, 64 Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 68 Oral Argument requested. Filed by Patrick Plunkett. (Attachments: # 1 Exhibit A (2-2 to 2-3-2016 emails), # 2 Exhibit B (7-30-2015 emails), # 3 Exhibit C (9-18 to 9-23-2015 emails), # 4 Exhibit D (9-30 to 10-1-2015 emails), # 5 Exhibit E (Letters of Authority for Personal Representative), # 6 Exhibit F (10-26-2015 emails), # 7 Exhibit G (10-30-2015 emails), # 8 Exhibit H (Andrew Weir LinkedIn profile), # 9 Exhibit I (2-3 to 2-4-2016 emails)) (Booth, Dan) (Entered: 03/07/2016) | 2016-04-06 19:28:01 | 053d6c61ff447e9e7fd6f5e4573409387fa5c6aa |
| 71 | 1 | Exhibit A (2-2 to 2-3-2016 emails) | 2016-03-13 01:54:41 | 57435cc9a12eb0b3b9829c3f3eb669c80b472264 | ||
| 71 | 2 | Exhibit B (7-30-2015 emails) | 2016-03-13 01:55:01 | 724dcd816732a6058e9ad7fa21db4a3641de2b94 | ||
| 71 | 3 | Exhibit C (9-18 to 9-23-2015 emails) | 2016-03-13 01:55:14 | 7684b67c1bc44c076db08f11d0395006b3f770b1 | ||
| 71 | 4 | Exhibit D (9-30 to 10-1-2015 emails) | 2016-03-13 01:55:29 | b0a768e6a58c111365f0134f6d38f69362020491 | ||
| 71 | 5 | Exhibit E (Letters of Authority for Personal Representative) | 2016-03-13 01:57:39 | f3299315cb0ebdd1de3a3b0dd62d0a8bfa84200d | ||
| 71 | 6 | Exhibit F (10-26-2015 emails) | 2016-03-13 01:57:41 | e398795290298ff6aebe425e5f169f0e75791012 | ||
| 71 | 7 | Exhibit G (10-30-2015 emails) | 2016-03-13 01:58:03 | f1c0cfb45db54215ac686a8cd85729f2ce245a47 | ||
| 71 | 8 | Exhibit H (Andrew Weir LinkedIn profile) | 2016-03-13 01:58:22 | 3a4762bbdea6380c86562e58e3cd31e473c8e841 | ||
| 71 | 9 | Exhibit I (2-3 to 2-4-2016 emails) | 2016-03-13 01:58:31 | 85d536a86245df18333e638c630647b7a8933f1d | ||
| 2016-03-07 | 72 | 0 | Declaration | Declaration of Dan Booth in Support of Patrick Plunkett's Reply. Filed by Patrick Plunkett. (Related document(s): Reply to Motion,, 71 .) (Booth, Dan) (Entered: 03/07/2016) | 2016-03-13 06:36:57 | c0a7f5860aef6a74802467c1590d54120f900b9a |
| 2016-03-17 | 73 | 0 | MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Oral Argument held 3/17/16. Order: Defendant's Motion for Relief Under FRCP 60(b)(1) 68 and Defendant's Rule 12 Motion to Dismiss 68 are Denied without prejudice and with leave to refile if appropriate following issuance of the Ninth Circuit's mandate in connection with the Defendant's appeal from this Court's Order 25 denying Defendant's Special Motion to Strike 4 . Bear Wilner-Nugent present as counsel for plaintiff(s). Dan Booth; Lake Perriguey present as counsel for defendant(s). Court Reporter: Nancy Walker. (gm) (Entered: 03/21/2016) | |||
| 2016-03-30 | 74 | 0 | Fifth Status Report by Michael G Schwern. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/30/2016) | 2016-04-06 19:35:34 | 9f7b31be83af64d5a153c77e48f3fd59591f7d03 | |
| 2016-03-30 | 75 | 0 | ORDER issued by Magistrate Judge Paul Papak: Setting a further Hearing re: renewed Opposition to Substitution for 10/25/2016 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. Order: Plaintiff's next formal Status Report due by 7/29/2016. (gm) (Entered: 03/31/2016) | |||
| 2016-08-03 | 76 | 0 | Sixth Status Report. Filed by Michael G Schwern. (gm) (Entered: 08/03/2016) | 2016-08-25 14:08:43 | 9adbae179963013362e6d9149b12912cde6d2ca3 | |
| 2016-08-03 | 77 | 0 | ORDER issued by Magistrate Judge Paul Papak: Plaintiff's next formal Status Report due by 11/29/2016. (gm) (Entered: 08/03/2016) | |||
| 2016-09-26 | 78 | 0 | Unopposed Motion to Continue Oral Argument. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 09/26/2016) | 2016-10-26 23:04:40 | f5c4cf72e01d47aa9211502420d4fde13780ce3b | |
| 2016-09-26 | 79 | 0 | ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion to Continue Oral Argument 78 . Order: Resetting the further hearing re: renewed Opposition to Substitution from 10/25/2016 at 10:00AM to 1/9/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. Order: Plaintiff's next formal Status Report remains due on 11/29/2016. (gm) (Entered: 09/27/2016) | |||
| 2016-11-29 | 80 | 0 | Status Report by Michael G Schwern. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 11/29/2016) | 2016-12-02 23:24:49 | aab762ec5c13b8b8007baf3db0f6685a0aeb296d | |
| 2016-11-30 | 81 | 0 | ORDER issued by Magistrate Judge Paul Papak: Plaintiff's next formal Status Report is due by 3/29/2017. (gm) (Entered: 12/01/2016) | |||
| 2017-01-05 | 82 | 0 | Unopposed Motion to Continue Oral Argument. Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 01/05/2017) | 2017-01-28 19:00:14 | 9e9f821d0f946a4e6ca85c333758a65d92337e14 | |
| 2017-01-09 | 83 | 0 | ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Second Motion to Continue Oral Argument 82 . Order: Resetting the further hearing re: renewed Opposition to Substitution from 1/9/2017 at 10:00AM to 3/13/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. Order: Plaintiff's next formal Status Report remains due on 3/29/2017. (gm) (Entered: 01/09/2017) | |||
| 2017-01-09 | 84 | 0 | ORDER issued by Magistrate Judge Paul Papak: Resetting the further hearing re: renewed Opposition to Substitution from 3/13/2017 at 10:00AM to 3/27/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 01/09/2017) | |||
| 2017-01-17 | 85 | 0 | Order from USCA for the 9th Circuit re Notice of Appeal 26 . The court grants appellant's pending motion related to judicial notice. (jtj) (Entered: 01/17/2017) | 2017-01-28 19:20:36 | 8526ec5eb5ce1fd8ed896e32a6da5bd9ffd2e4e7 | |
| 2017-02-08 | 86 | 0 | MANDATE of USCA for the 9th Circuit, USCA # 14-35576, re Notice of Appeal 26 . The decision of the District Court is REVERSED. (Attachments: # 1 1/17/2017 Opinion) (jtj) (Entered: 02/08/2017) | |||
| 2017-02-17 | 87 | 0 | Motion for Attorney Fees . Filed by Patrick Plunkett. (Attachments: # 1 Booth Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Olson Declaration, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Perriguey Declaration, # 12 Exhibit 1, # 13 Exhibit 2) (Booth, Dan) (Entered: 02/17/2017) | |||
| 87 | 1 | Booth Declaration | 2017-05-01 23:09:33 | 2b539a304daf7606af9d5e3dd6236b08a3189c3d | ||
| 87 | 2 | Exhibit 1 | ||||
| 87 | 3 | Exhibit 2 | ||||
| 87 | 4 | Exhibit 3 | ||||
| 87 | 5 | Exhibit 4 | ||||
| 87 | 6 | Exhibit 5 | ||||
| 87 | 7 | Exhibit 6 | ||||
| 87 | 8 | Olson Declaration | ||||
| 87 | 9 | Exhibit 1 | ||||
| 87 | 10 | Exhibit 2 | ||||
| 87 | 11 | Perriguey Declaration | ||||
| 87 | 12 | Exhibit 1 | ||||
| 87 | 13 | Exhibit 2 | ||||
| 2017-02-17 | 88 | 0 | Bill of Costs . Filed by Patrick Plunkett. (Booth, Dan) (Entered: 02/17/2017) | |||
| 2017-02-24 | 89 | 0 | ORDER: The stay of these proceedings, effected August 15, 2014, is lifted. Pursuant to the judgment of the United States Court of Appeals for the Ninth Circuit entered January 17, 2017, by and through which this court's decision 25 denying defendant's special motion 4 to strike was reversed, and pursuant to the Court of Appeals' mandate 86 issued February 8, 2017, it is Ordered that defendants' Special Motion to Strike 4 is Granted, and plaintiffs' claims are stricken. Pending motions, excepting Defendants Motion for Attorney Fees and Cost 87 and Bill of Costs 88 , are Denied as Moot. Signed on 2/24/17 by Judge Marco A. Hernandez. (gm) (Entered: 02/27/2017) | |||
| 2017-02-24 | 90 | 0 | JUDGMENT: It is Ordered that defendants' Special Motion to Strike 4 is Granted, and plaintiffs' claims are stricken. Pending motions, excepting Defendants Motion for Attorney Fees and Cost 87 and Bill of Costs 88 , are Denied as Moot. Signed on 2/24/17 by Judge Marco A. Hernandez. (gm) (Entered: 02/27/2017) | |||
| 2017-02-24 | 91 | 0 | ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for an Award of Attorney Fees and Costs 87 and Defendant's Bill of Costs 88 on the under advisement calendar of 3/27/2017. Order: Striking the Hearing re: renewed Opposition to Substitution which was set for 3/27/2017 at 10:00AM. (gm) (Entered: 02/27/2017) | |||
| 2017-03-01 | 92 | 0 | Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Attorney Fees 87 , Bill of Costs 88 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/01/2017) | |||
| 2017-03-01 | 93 | 0 | Declaration of Bear Wilner-Nugent . Filed by Michael G Schwern. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 92 .) (Wilner-Nugent, Bear) (Entered: 03/01/2017) | 2017-05-01 23:13:37 | fbd7b746b380f54d9935df60daf523d7ef776012 | |
| 2017-03-01 | 94 | 0 | Order from USCA for the 9th Circuit re Notice of Appeal 26 . Appellants motion for attorney's fees is granted. Appellant is awarded $17,950.00 in attorneys fees. (jtj) Modified on 3/2/2017 to correct Order language. NEF regenerated (jtj). (Entered: 03/01/2017) | |||
| 2017-03-01 | 95 | 0 | ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time 92 as follows: Response to motion for fees and costs due by 3/31/2017. Reply to response due by 4/18/2017. Order: Resetting Defendant's Motion for an Award of Attorney Fees and Costs 87 and Defendant's Bill of Costs 88 from 3/27/2017 to the under advisement calendar of 4/19/2017. (gm) (Entered: 03/02/2017) | |||
| 2017-03-31 | 96 | 0 | Response in Opposition to Bill of Costs 88 , Motion for Attorney Fees 87 . Filed by Michael G Schwern. (Wilner-Nugent, Bear) (Entered: 03/31/2017) | 2017-05-01 23:14:55 | ec6822074e8ad7c8e19a9672c418f4b06cfbfc3c | |
| 2017-03-31 | 97 | 0 | Declaration of Bear Wilner-Nugent . Filed by Michael G Schwern. (Related document(s): Response in Opposition to Motion 96 .) (Wilner-Nugent, Bear) (Entered: 03/31/2017) | 2017-05-01 23:15:11 | 0af45297ed5e13d4d106f402ba240a317d9318c9 | |
| 2017-04-12 | 98 | 0 | Reply to Motion for Attorney Fees 87 , Bill of Costs 88 . Filed by Patrick Plunkett. (Booth, Dan) (Entered: 04/12/2017) | 2017-05-02 02:07:12 | d3d9bebaab11f7537a19944f7b0459146f91e27e | |
| 2017-07-05 | 99 | 0 | Findings & Recommendation: Patrick's Motion for Attorney Fees 87 and Bill of Costs 88 should be granted, and Patrick should be awarded his attorney fees in the amount of $37,521.18 and his costs in the amount of $952.03. Signed on 7/5/17 by Magistrate Judge Paul Papak. (gm) (Entered: 07/05/2017) | |||
| 2017-07-05 | 100 | 0 | ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 99 is referred to Judge Marco A. Hernandez for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm) (Entered: 07/05/2017) | |||
| 2017-08-27 | 101 | 0 | OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 99 . Defendant's Motion for Attorney Fees 87 and Bill of Costs 88 are Granted and Defendant shall be awarded attorney fees in the amount of $37,521.18 and his costs in the amount of $952.03. Signed on 8/27/17 by Judge Marco A. Hernandez. (gm) (Entered: 08/28/2017) |