33 results for 'judge:"Immergut"'.
J. Immergut dismisses the medical device company's lawsuit claiming that its former account manager's allegations that it violated several provisions of California law, including California’s Fair Employment and Housing Act, do not fall under California law. The company's suit "is the kind of 'reactive declaratory action' that federal courts 'should generally decline to entertain.'"
Court: USDC Oregon, Judge: Immergut, Filed On: May 10, 2024, Case #: 3:24cv356, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction
J. Immergut denies the county's motion to dismiss the false imprisonment claim in the resident's complaint alleging that the city's task force arrested him thinking he was someone else despite discrepancies like different birth dates. The county does not include any evidence to suggest that the officers reasonably believed that the resident was the person described in the warrant and that the belief was objectively reasonable.
Court: USDC Oregon, Judge: Immergut, Filed On: May 3, 2024, Case #: 3:22cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Immergut dismisses the project developers' complaint alleging that the general contractor outsourced work for the project but still accepted the project developers' funds. The project developers do not adequately allege that the general contractor's owners made any material misrepresentations.
Court: USDC Oregon, Judge: Immergut, Filed On: May 1, 2024, Case #: 3:24cv151, NOS: Other Contract - Contract, Categories: Contract
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Attorney Fees
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J. Immergut denies summary judgment to the owner, the ranch and the livestock company for their counterclaim alleging that the cattle company sold 9,900 cattle as part of a partnership, but wrongfully withheld the sales proceeds. There is a genuine dispute as to whether the cattle company improperly kept the cattle sale proceeds from the sale of the partnership cattle.
Court: USDC Oregon, Judge: Immergut, Filed On: April 15, 2024, Case #: 3:22cv768, NOS: Other Contract - Contract, Categories: Fraud, Partnerships, Contract
J. Immergut finds in partial favor of the insured in his complaint alleging that the insurance company wrongfully denied his claim for property damage caused by a landslide. The insurance company denied coverage by citing the land-and-earth-movement exception in the insured's homeowner policy. However, the owned property exception does not apply because the City of Portland ambiguously claims that the insured needs to stabilize nearby third-party property to stabilize his own property.
Court: USDC Oregon, Judge: Immergut, Filed On: March 5, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
[Consolidated.] J. Immergut appoints Dr. Lawrence Lo as lead plaintiff in the investors' class action that the nuclear power company and its current and former executives falsely claimed that they could fulfill large contracts with Utah Associated Municipal Power Systems and Standard Power. Dr. Kevin Liang Li opposes Dr. Lo as lead plaintiff, but Dr. Lo's claims are "reasonably co-extensive with other class members'," and the 9th Circuit does not support Dr. Li's assertion to disqualify Dr. Lo because he did not retain his shares through every corrective disclosure.
Court: USDC Oregon, Judge: Immergut, Filed On: February 22, 2024, Case #: 3:23cv1689, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Securities, Class Action
J. Immergut denies summary judgment to the distributor against the lost earning capacity claim of the driver's complaint alleging that its employee caused the head-on car collision that caused the driver's open right femur fracture. The distributor does not prove as a matter of law that the driver's claim should be dismissed, because the driver sufficiently alleges that his work could be impaired because he now experiences a reduced range of motion in his right leg and other lingering injuries.
Court: USDC Oregon, Judge: Immergut, Filed On: February 20, 2024, Case #: 3:22cv902, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Immergut declines to dismiss the executive assistant's complaint that the hospital wrongfully denied her a religious exemption for the Covid-19 vaccine and fired her one month after her request. The hospital argues about the particularities of the executive assistant's religious beliefs, which is not enough to dismiss the complaint, and the hospital does not show that it would have suffered undue hardship if it did accommodate her religious beliefs.
Court: USDC Oregon, Judge: Immergut, Filed On: February 15, 2024, Case #: 3:23cv216, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Immergut grants partial summary judgment to the insured in his complaint that the insurance company wrongfully denied his claim for property damage caused by a landslide, which the insurance company denied by citing the land-and-earth-movement exception in the insured's homeowner policy. The declaration of the insurance company's adjuster is inadmissible hearsay because it presents out-of-court statements as truth, and the owned property exception does not apply because the City of Portland's claims for what the insured needs to do to make his property stable are too ambiguous for exceptions to apply.
Court: USDC Oregon, Judge: Immergut, Filed On: February 12, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Immergut grants the government's entry for judgment after remand for its complaint that the account holders did not file reports of Foreign Bank and Financial Accounts for their Canadian bank accounts for 2011, 2012 and 2013 and for their Iranian bank accounts for 2012 and 2013. The account holders propose an alternative exchange rate for this matter because there was a better alternative, but the IRS has full discretion on what method they want to use for accounts and reports.
Court: USDC Oregon, Judge: Immergut, Filed On: February 1, 2024, Case #: 3:20cv1887, NOS: Other - Forfeiture/Penalty, Categories: Debt Collection, Tax
J. Immergut dismisses some of the employees' claims alleging that the university wrongfully rejected their religious exemption to the Covid-19 vaccine requirement. The employees do not clearly establish a First Amendment right under the free exercise clause because three of the cases they cite are inapplicable while the others concern constitutional and statutory provisions other than the free exercise clause. The employees' Title VII claims alleging failure to accommodate and religious discrimination against the university will go forward because the university has not moved for their dismissal.
Court: USDC Oregon, Judge: Immergut, Filed On: January 29, 2024, Case #: 3:23cv1190, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, First Amendment
J. Immergut grants the property owner default judgment for his quiet title lawsuit claiming that the investment management corporation did not attempt to collect any loan payments from the property owner to release the trust deed after he filed for bankruptcy, and its representatives denied that there was any record of the loan when the property owner called about paying it off. The property owner sufficiently alleges that his title is superior to that of the investment management corporation, because the investment management corporation does not possess the property and the fact that it holds a line of credit trust deed only means that it has a lien, not a legal or equitable interest, on the property.
Court: USDC Oregon, Judge: Immergut, Filed On: January 18, 2024, Case #: 3:23cv1126, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Immergut reserves ruling on Nike's motion to compel exhibits consisting of redacted minutes from a meeting among the computer store's board of directors held in August 2018, as well as a 17-page document shared by the computer store's former CEO about another executive. The issue for both exhibits must be resolved through in-camera review, because there is insufficiency regarding the computer store's privilege log entry and there is a lack of evidence of the privileged nature of the cover letter in the 17-page document.
Court: USDC Oregon, Judge: Immergut, Filed On: January 16, 2024, Case #: 3:21cv1556, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. Immergut grants the trust funds $187,800 in damages for their complaint accusing the sand and gravel supplier of not paying full fringe benefit contributions to the trust funds from August to December 2022 and skipping its remittance report in January 2023. The trust funds adequately show that the sand and gravel supplier is liable for their ERISA claim because of its delinquent contributions and the awarded damages equal the amount of unpaid fringe benefits and union dues, interest and liquidated damages.
Court: USDC Oregon, Judge: Immergut, Filed On: January 12, 2024, Case #: 3:23cv1060, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor
J. Immergut partially grants the software company's motion for a preliminary injunction in its lawsuit asserting that the domain holders sold unauthorized licenses for the software company's hosting automation management software online. An asset freeze is issued against the domain holders for all assets related to infringing domains because they took multiple steps to hide their identities and avoid the software company's scrutiny. However, the software company's motion to freeze all assets is not justifiable as it is indiscriminate and lacks knowledge.
Court: USDC Oregon, Judge: Immergut, Filed On: January 3, 2024, Case #: 3:22cv1963, NOS: Copyrights - Property Rights, Categories: Copyright, Injunction
J. Immergut dismisses the hotel and management corporation from the trafficking survivor's complaint accusing them of knowingly benefitting from the sex trafficking committed against her on their premises. The trafficking survivor does not plausibly establish that either the hotel or the management corporation participated in a sex trafficking venture, because she does not allege sufficient facts establishing a tacit agreement between them and her sex trafficker.
Court: USDC Oregon, Judge: Immergut, Filed On: December 20, 2023, Case #: 3:23cv388, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: Settlements, Covid-19, Contract
J. Immergut denies the city's motion to dismiss two of the employee's claims in her complaint that the city refused to promote her to a police lieutenant because she filed a harassment complaint based on her race and sexual orientation. The city argues that the employee did not timely serve the city with tort claim notices for claims one and two, but she gave her notice for her first tort claim 180 days after she was denied a promotion and she gave her notice for her second tort claim notice 180 days after her interview with Internal Affairs, both of which were within their respective deadlines.
Court: USDC Oregon, Judge: Immergut, Filed On: November 22, 2023, Case #: 3:21cv1839, NOS: Employment - Civil Rights, Categories: Employment, Tort, Employment Discrimination
J. Immergut grants the recreational vehicle manufacturing company $14,800 in attorney fees and $8,100 in costs for the family's lawsuit alleging that the company sold them a defective RV. The RV manufacturing company's requested rates for their attorneys and paralegals are reasonable, because the rates the RV manufacturing company seeks are below the average rates for attorneys with the same experience in the same region, while the requested paralegal rates do not exceed that of a first-year associate.
Court: USDC Oregon, Judge: Immergut, Filed On: November 16, 2023, Case #: 3:21cv1123, NOS: Other Contract - Contract, Categories: Warranty, Attorney Fees, Contract
J. Immergut denies the moving company's motion to set aside the default judgment in favor of the consumer's Carmack claim, which alleges that the moving company required him to sign a blank interstate bill of lading before loading his items into the moving truck, but then refused to release his items unless he paid a higher price than agreed upon. The sole owner and chief executive officer of the moving company admitted in her deposition that she received messages and emails confirming the consumer's lawsuit, and the moving company does not provide a valid reason as to why it did not appear in court.
Court: USDC Oregon, Judge: Immergut, Filed On: November 3, 2023, Case #: 3:22cv1243, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Immergut denies the father's petition alleging that the mother wrongfully took their 5-year-old and 3-year-old children from Scotland to Oregon in June 2022 in violation of the Hague Convention on the Civil Aspects of International Child Abduction. The children have no meaningful relationship with the father or his family, and the father is being held indefinitely in a psychiatric health facility for killing his own mother.
Court: USDC Oregon, Judge: Immergut, Filed On: October 24, 2023, Case #: 3:23cv850, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Immergut finds in favor of the city against the medical marijuana dispensary owner's complaint alleging that the city and members of the city's Planning Commission wrongfully denied her conditional use permit to open the dispensary, as they claimed that it would violate an ordinance that doesn't allow such a business "within 1,000 feet of [a] public or private elementary, secondary or career school." The medical marijuana dispensary owner does not present a genuine issue of fact over whether her attempt to seek a license qualifies as engaging in expressive conduct, which would be protected under the First Amendment.
Court: USDC Oregon, Judge: Immergut, Filed On: September 22, 2023, Case #: 6:19cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Immergut denies the university's motion to dismiss the registered nurse's Title VII claim in her lawsuit alleging that the university denied her a religious exemption from the Covid-19 vaccine mandate, which led to her termination from the hospital's mother and baby unit. The hospital does not sufficiently argue how allowing the registered nurse a religious exemption would have created an undue hardship for the hospital, as the registered nurse counters that the hospital could have taken measures to prevent her from contracting or spreading Covid-19, and that reducing the number of available staff is what caused undue hardship.
Court: USDC Oregon, Judge: Immergut, Filed On: August 28, 2023, Case #: 3:22cv1942, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Immergut dismisses the locksmith's claim that the hospital wrongfully fired him for not receiving the Covid-19 vaccine. The hospital properly raises a statute of limitations defense, because the "EEOC Right to Sue" letter was issued on Jul. 8, 2022, and the locksmith likely received the letter on Jul. 11, 2022, but did not file within 90 days of the receiving deadline.
Court: USDC Oregon, Judge: Immergut, Filed On: August 15, 2023, Case #: 3:22cv1619, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Immergut dismisses the former assistant facilities manager's fraud claim alleging that the environmental consultant wrongfully fired him after violating their employment contract, which stipulated that the manager could work remotely during the Covid-19 pandemic. The former manager does not sufficiently allege that the supervisor knew that her representation regarding remote employment was false.
Court: USDC Oregon, Judge: Immergut, Filed On: August 3, 2023, Case #: 3:22cv992, NOS: Other Fraud - Torts - Personal Property, Categories: Employment, Fraud, Covid-19
J. Immergut finds that a new Oregon law restricting gun use and purchases is constitutional. The gun groups "have not shown that the Second Amendment protects large-capacity magazines, defined as magazines capable of firing 11 or more rounds without reloading." Furthermore, the state's requirement that firearm purchasers obtain a permit that includes the completion of a background check "is consistent with the type of regulations that the U.S. Supreme Court has deemed constitutional."
Court: USDC Oregon, Judge: Immergut, Filed On: July 14, 2023, Case #: 2:22cv1815, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms