68 results for 'judge:"Simon"'.
J. Simon awards the litigation finance company an $84,400 judgment against the research company for the former's contract claim alleging that the research company did not pay the litigation finance company the promised payment for a previous settlement. The promissory note states that if the research company defaulted on the note, it would pay a principal sum of $84,400.
Court: USDC Oregon, Judge: Simon, Filed On: April 10, 2024, Case #: 3:23cv896, NOS: Negotiable Instrument - Contract, Categories: Settlements, Contract
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
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J. Simon denies the legislature's second motion for partial summary judgment against the employee's complaint alleging that the legislature fired her after not accommodating her disability. While the legislature asserts that the employee was fired because she did not work well with others, the employee presents ample evidence that she informed the legislature about her disability and sought accommodations, so now it is questionable if the legislature tried to reasonably accommodate her disability.
Court: USDC Oregon, Judge: Simon, Filed On: March 28, 2024, Case #: 3:21cv780, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Simon denies the saw mill owner's motion to dismiss for forum non conveniens the import company owner's complaint the saw mill owner diverted business away from the joint venture shared between the two and refused to disclose profits. Most of the business of the alleged joint venture happened in China, but the saw mill owner should be able to obtain documents located in the country for this lawsuit, especially if the relevant business documents can be scanned and electronically sent to the United States, and it is possible to make witness testimony available either remotely or in-person.
Court: USDC Oregon, Judge: Simon, Filed On: March 27, 2024, Case #: 3:23cv499, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Simon partially dismisses the coach's complaint that the school district and others accused the coach of sexual harassment and fired him to cover up the extramarital affair of another coach. The coach's defamation claim currently fails because it is unclear if it is time barred and the coach does not provide details about the allegedly defamatory statements. The coach can file a second amended complaint if he believes that he can cure the deficiencies.
Court: USDC Oregon, Judge: Simon, Filed On: March 26, 2024, Case #: 3:22cv1923, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Simon declines to dismiss the fraud claim against one of the company owners from the investor's complaint, which alleges that the company owners induced the investor to put money into the cannabis business while overstating its profitability. The investor alleges sufficient facts showing that one of the company owners concealed facts about the other business that his co-owners operated that used the cannabis business' equipment without the investor's knowledge.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:21cv601, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, Attorney Fees, Contract
J. Simon denies the adoptive parents' motion for a preliminary injunction seeking to have the hearing officer's dismissal of their complaint vacated. The complaint alleged the school denied their psychologically challenged child a free and appropriate education when the child's patterns of self-injury and abuse re-emerged after treatment. The parents fail to show a need for the injunction, and the relief sought is neither preliminary nor injunctive in nature. Furthermore, they do not establish any likelihood of irreparable harm, nor a likelihood they will succeed on the merits.
Court: USDC Northern District of Indiana, Judge: Simon , Filed On: March 18, 2024, Case #: 4:23cv79, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Injunction
J. Simon denies in part the city councilor's motion for summary judgment in his lawsuit alleging that his civil rights were violated when the Columbia 911 Communications District banned him from attending meetings in person after he criticized some of the decisions made by the district's board of directors. There is a factual dispute as to whether the councilor's presence at the meetings was causing harm, and the parties dispute the reason for his ban, so the councilor's First Amendment claim should head to trial. However, the councilor is correct that the board violated the Oregon Revised Statutes when it held public meetings in a virtual-only format on four occasions.
Court: USDC Oregon, Judge: Simon, Filed On: March 12, 2024, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property
J. Simon grants LegitScript's motion to certify the order for interlocutory appeal regarding PharmacyChecker.com's complaint alleging that LegitScript enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. While LegitScript asks some broad questions for certification, such as “What deprives a plaintiff of antitrust standing?," it sufficiently argues that PharmacyChecker potentially facilitating another unlawful activity might prevent antitrust standing, which could affect other antitrust cases.
Court: USDC Oregon, Judge: Simon, Filed On: March 7, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Simon denies the county summary judgment against the inmate's claim that the county and others displayed deliberate indifference to his Fourteenth Amendment rights by denying him the high-top shoes he needs for his disability. There is a genuine dispute of material fact on whether the nurse was deliberately indifferent to the inmate's medical needs, because the evidence shows that the inmate's paraplegia required the shoes but he was denied anyway.
Court: USDC Oregon, Judge: Simon, Filed On: January 25, 2024, Case #: 3:20cv338, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Simon grants the agricultural chemical company $25,300 in attorney fees and $1,000 in costs following its successful lawsuit asserting that the farm supplies company owes the agricultural chemical company $909,300 for agricultural and turf chemical products provided. The agricultural chemical company requests $27,100 in attorney fees, but while the counsel and paralegals' hourly rates are reasonable, nearly all of the agricultural chemical company's time entries are block-billed and some include purely clerical tasks.
Court: USDC Oregon, Judge: Simon, Filed On: January 4, 2024, Case #: 2:22cv581, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Jurisdiction
J. Simon dismisses claims against the jail healthcare company and a registered nurse for allegedly failing to provide a detainee with adequate medical or mental health care, leading to his death by suicide. Decedent's advocate does not sufficiently allege how the healthcare company denied adequate medical services in a way that caused the detainee's death, nor does the advocate show what policies the registered nurse was supposed to implement in this matter.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:23cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Simon denies the monitoring service's motion for summary judgment against the website's complaint asserting that the monitoring service enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. The monitoring service argues that the website would have suffered the same injury it alleges from enforcement agencies without the service's conduct due to the website's own alleged illegal activity. However, the monitoring service has failed to put forth sufficient evidence of real or threatened law enforcement activity.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence
J. Simon grants the electronics manufacturer's motion for an ex parte temporary restraining order for its lawsuit accusing the business owner of selling models of self-balancing electric skateboards branded as "Floatwheel Adv" and "Floatwheel Adv Pro" that directly infringe on the manufacturer's patents. Without an ex parte temporary restraining order, the electronics manufacturer will suffer immediate and irreparable injury to its market share and consumer goodwill because the business owner will continue to sell the infringing products into the 2023 holiday shopping season.
Court: USDC Oregon, Judge: Simon, Filed On: December 15, 2023, Case #: 3:23cv1742, NOS: Patent - Property Rights, Categories: Patent, Restraining Order
J. Simon declines to dismiss all but the first of the nonprofit organization's claims alleging that then-Secretary of the Interior David Bernhardt wrongfully granted Hammond Ranches a new grazing permit on four allotments in southeastern Oregon despite two of the ranch owners and operators' convictions for deliberately setting public lands on fire. The Secretary's new evidence does not sufficiently show that the nonprofit organization's fears of future fires being set are unfounded.
Court: USDC Western District of Washington, Judge: Simon, Filed On: December 4, 2023, Case #: 2:21cv297, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence