195 results for 'court:"USDC Oregon"'.
J. Clarke dismisses the landlords' complaint that the county's code enforcement officer wrongfully accused the landlords of violating county code by not obtaining agricultural exemptions or structural permits for 20 greenhouse structures and not obtaining electrical permits for the same 20 greenhouses, leading to a citation for $40,000 fine. The landlords do not state a claim for wrongful use of civil proceedings because while they may have a valid defense for the legality of the structures that their tenant built on their property, they do not allege that the code enforcement officer did not have probable cause to issue the citation.
Court: USDC Oregon, Judge: Clarke, Filed On: May 9, 2024, Case #: 1:23cv1607, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Due Process
J. Aiken denies the families' motion to exclude expert Jim Dimas from its complaint that Governor of Oregon Tina Kotek and others run an underresourced foster care system that removes children from their parents' homes and does not provide stable housing for them. Dimas has over 40 years of experience working in, managing and directing human services agencies and his testimony includes what an effective remedy for this situation might look like.
Court: USDC Oregon, Judge: Aiken, Filed On: May 8, 2024, Case #: 6:19cv556, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Hernandez grants the distillery's motion to enforce the court's Jan. 25, 2024, order for the shareholder's whistleblower and wrongful termination lawsuit. The order required the shareholder's counsel to return all contested documents to the distillery, and the counsel's failure to return the documents rather than offering to destroy them and to provide a sealed copy to the court does not comply with the order, so enforcement is appropriate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 4, 2024, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: Discovery, Contract
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hernandez grants the bank's motion for claim and delivery for its complaint that the transportation company owes the bank $277,000 on three defaulted loan agreements. The transportation company and its owner did not return the collateral to date and the transportation company continues to utilize the loans' collateral to carry goods throughout the United States, so the transportation company's conduct places the three units of uncovered collateral in danger of concealment or removal from Oregon.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1221, NOS: Other Contract - Contract, Categories: Contract
J. Hernandez dismisses the patient access specialist's First Amendment claim alleging that the university wrongfully placed her on unpaid leave and eventually fired her after rejecting her religious exemption request to receiving the Covid-19 vaccine. The patient access specialist does not prove that the university employees were barred from trying to distinguish between religious and secular objections to a vaccine or from denying exemptions to a state-mandated vaccine mandate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1562, NOS: Employment - Civil Rights, Categories: Employment, Immunity, Covid-19
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. Hernandez dismisses the parents' claims alleging that the county and its officers instigated an unfounded criminal prosecution of the father for child abuse, and then wrongfully initiated custody proceedings regarding the parents' two children. The parents do not present a constitutional violation.
Court: USDC Oregon, Judge: Hernandez, Filed On: April 29, 2024, Case #: 3:23cv650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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
J. Aiken dismisses without prejudice the homeowner's complaint that the detective wrongfully arrested him for unlawful possession of heroin and methamphetamine without probable cause. The detective had reason to believe that the homeowner had a usable quantity of heroin because the detective found what he believed was evidence of methamphetamines in the homeowner's bedroom, including used syringes, empty baggies and a piece of foil with a burnt substance.
Court: USDC Oregon, Judge: Aiken, Filed On: April 26, 2024, Case #: 6:21cv1648, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: Fraud, Property
J. Clarke denies the paramedics summary judgment for the family's complaint alleging that the fire station denied their loved one ambulance care, forcing her domestic partner to drive her to the hospital, and causing her to die from a cardiac event on the way. The paramedics claim that they have qualified immunity, but the family sufficiently argues that their loved one had a constitutional right to be free from state-created danger, which can overcome the presumption of qualified immunity. Also, it is unclear if the paramedics knew the danger they created with their actions.
Court: USDC Oregon, Judge: Clarke, Filed On: April 19, 2024, Case #: 1:22cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Government
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
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. Nelson grants Acting Secretary of Labor Julie Su's motion that the court take notice that Su filed pending motions against the United States Postal Service, as Su is also accusing USPS of firing an employee after she reported her workplace injury in violation of the Occupational Safety and Health Act. Su filed five other cases against USPS that also relate to allegations that USPS filed its employees under dubious circumstances, such as firing one probationary employee 14 days after they reported an injury.
Court: USDC Oregon, Judge: Nelson, Filed On: April 12, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: Employment, Labor
J. Hernandez dismisses the labor union's complaint that the construction company violated its collective bargaining agreement (CBA) by subcontracting bargaining unit work to an unapproved contractor instead of the labor union. The labor union's request for declaratory judgment requires the court to interpret and apply provisions of the CBA that are meant for an unexhausted grievance, and the labor union neither exhausts the grievance process nor does it cite any legal authority that supports the futility argument.
Court: USDC Oregon, Judge: Hernandez, Filed On: April 11, 2024, Case #: 3:23cv297, NOS: Labor/Management Relations - Labor, Categories: Contract, Labor / Unions
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. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
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
J. Aiken dismisses the substitute teacher's complaint that the school district fired him for not receiving the Covid-19 vaccine. The substitute teacher claims that the school district violated his religious rights by firing him, but he does not show how the earlier deadline for reporting on vaccination status is discriminatory, nor does he present evidence of any pretext for discriminatory termination.
Court: USDC Oregon, Judge: Aiken, Filed On: March 31, 2024, Case #: 6:23cv688, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: Property, Contract
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. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: Property, Contract
J. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions