68 results for 'judge:"Simon"'.
J. Simon finds in favor of the customer for his Unlawful Trade Practices Act claim against the car shop as part of the customer's lawsuit alleging that the car shop and its owners did not repair his Mustang and instead made it unsafe to drive. The car shop made untrue statements about the status and quality of restoration services on the customer's Mustang and the material defects of the vehicle's delivery, so the customer is entitled to $53,500 in economic damages.
Court: USDC Oregon, Judge: Simon, Filed On: June 28, 2023, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Negligence, Contract, Racketeering
J. Simon grants the Scappoose city councilor's motion for a preliminary injunction to stop the supervisors from banning him from attending in-person meetings for the Columbia 9-1-1 Communications District. The supervisors claim they banned the councilor due to his inappropriate texts and behavior. However, there are doubts that the supervisors' actions were a prompt corrective remedial action because there is evidence that they knew about the complaints against the councilor since February 2020, but the ban took place in February 2023. The only evidence of this inappropriate behavior is the contradictory declarations of his fellow employees.
Court: USDC Oregon, Judge: Simon, Filed On: May 18, 2023, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Injunction
J. Simon declines to strike the consumer's contract claim alleging that the credit union did not credit her account for stolen funds. The credit union does not prove that the consumer concedes that it performed an adequate investigation of the stolen funds because its assertion is based on a line that it did not investigate the error claim "beyond a determination" that a fraudster inducted the consumer to provide them access.
Court: USDC Oregon, Judge: Simon, Filed On: May 18, 2023, Case #: 3:21cv847, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Banking / Lending, Class Action
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J. Simon partially grants the shareholders of Apex leave to file a second amended complaint to add Apex as a plaintiff and to add claims for bad faith and fraud, as the shareholders allege that the semiconductor manufacturing company did not inform the shareholders of the export-controlled status of integrated circuits, particularly two models of integrated circuits, that required special permits and that were ultimately seized by Canadian border authorities in December 2008. The semiconductor manufacturing company contends that the bad faith claim is time-barred because it is based on Apex's purchased orders placed on Dec. 10, 2008, and the lawsuit was filed on Dec. 18, 2018. However, Apex seeks economic losses, which are not time-barred.
Court: USDC Oregon, Judge: Simon, Filed On: May 17, 2023, Case #: 3:19cv86, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Fraud
J. Simon grants a protective order to Western University of Health Science and the Samaritan defendants for the doctor's 103 identical requests for admission (RFA), as part of the doctor's complaint alleging that the hospital at which he was a resident unreasonably fired him under the false accusation that he conspired with another doctor to harm the reputation of a third doctor. The RFAs are excessive because they contain several hundred questions, so they are limited to 35 single RFAs. The doctor may request more RFAs if he can show that the 35 questions created to comply with this ruling are insufficient.
Court: USDC Oregon, Judge: Simon, Filed On: May 15, 2023, Case #: 3:16cv1494, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Fiduciary Duty, Discovery