31 results for 'judge:"Hernandez"'.
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. 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. 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
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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. Hernandez dismisses the Patriot Prayer members' complaint that the city shows negative reception to them and other right-leaning groups while giving positive reception to left-leaning groups and Antifa, and that the city selectively prosecuted them for causing a riot that the members claim Antifa members started. The detectives are immune from suit, the false arrest claim is untimely, and the Patriot Prayer members do not adequately plead their other claims.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 26, 2024, Case #: 3:23cv833, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Hernandez grants the city's modified motion to reduce the punitive damages award of the driver's claim that the officer did not have probable cause to arrest him for stealing his own vehicle. The punitive damages award is reduced from $2 million to $650,000 because the driver used improper evidence about the officer's use of force without clarifying how much force he used in other encounters to improperly influence the jury, and the driver does not cite other cases with a similar punitive damages award and comparable facts. The driver is to notify the court on whether or not he will accept remittitur of the punitive damages award or if he will request a new trial on punitive damages within 14 days of this order.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 22, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Police Misconduct
J. Hernandez denies the Argil DX's sole member's motion for summary judgment for the Stored Communication Act and invasion of privacy counterclaims brought by the co-founder of Axeno Consulting, as the sole member accuses the four executives of Axeno of wrongfully using the "Argil DX" trademark. While there is little evidence that the co-founder intended to keep his business emails private from the sole member, which would make the latter accessing them excusable, there is not enough evidence to prove that the sole member had sufficient permission to do so.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 1, 2024, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Hernandez partially denies Fred Meyer judgment against the employees' class action alleging that Fred Meyer's new payroll system missed their paychecks and made them late or inaccurate. Fred Meyer argues that it cannot be held liable as a matter of law because it did not intend to cause the erroneous paycheck deductions, but it still deliberately issued paychecks knowing that the payroll system was causing these erroneous deductions as Fred Meyer activated the system knowing it was not ready and would cause errors.
Court: USDC Oregon, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1800, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Hernandez dismisses the parents' complaint that the child abuse pediatrician and others wrongfully accused the father of abusing his children, admitted three years later that the original allegations were unfounded, and then took another year to remove the parents' names from a child abuse registry. Of the claims that are not time barred, some are premature and not cognizable, such as the spoliation of evidence claim, or do not apply because the father was never convicted. However, the family can pursue conspiracy claims if they properly add it in an amended complaint.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 20, 2023, Case #: 3:23cv650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hernandez grants Costco’s motion for summary judgement in this civil action where the police were called when an individual’s shopping behavior was suspicious. The loss prevention specialist believed the behavior to be a “pushout” in process. The individual fails to present evidence that is more than “merely colorable” or establishes the material facts.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 10, 2023, Case #: 3:23cv172, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hernandez dismisses with leave to amend the resident owners' lawsuit alleging that the mortgage solutions company and US Bank misapplied the owners' mortgage payments and initiated on foreclosing their home without investigating the loan mishandling. The owners only assert two instances of the mortgage solutions company allegedly violating the Real Estate Settlement Procedures Act, one of which was just a failure to respond to a letter.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 15, 2023, Case #: 3:22cv1911, NOS: Consumer Credit - Other Suits, Categories: Property, Foreclosure
J. Hernandez denies the former employees' motion to strike allegations from the complaint, claiming they are statements made during settlement negotiations, from the outerwear company's lawsuit alleging the former employees downloaded numerous confidential documents from their work computers in violation of the non-competition provisions of their contracts. The former employees do not present enough evidence to clarify when the outerwear company made these allegations or when the negotiations began.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 12, 2023, Case #: 3:23cv594, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Hernandez denies the city summary judgment regarding the driver's claim that the officer did not have probable cause to arrest him for stealing his own vehicle. The officer had reasonable suspicion to stop the driver based on his behavior, which included sitting on the car in an empty parking lot without approaching a nearby store, but there is a genuine dispute as to whether he believed that the driver committed or was about commit vehicle theft. It became an arrest when the officer asked the driver if he had stolen the vehicle without tempering his questions.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 4, 2023, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hernandez denies the manufacturer's motion to disqualify Perkins Coie from representing the semiconductor corporation in the manufacturer's lawsuit, which alleges that the semiconductor corporation's products infringe on the manufacturer's patent. The manufacturer claims that Perkins Coie has a conflict of interest because it worked with the manufacturer three times as a prospective client, with the most recent interaction being in December 2021, but the evidence suggests that none of the meetings discussed the manufacturer's technology in detail or contained information relevant to this case.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 25, 2023, Case #: 3:23cv113, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Hernandez grants judgment to the hospital against the former registered nurse's claim that the hospital wrongfully refused to pay her full retirement benefits due to the hospital's inaccurate time-keeping in 1996, 2000 and 2001. The hospital's decision that the former registered nurse did not complete 1,000 hours per the terms of the retirement plan for those years was not arbitrary, because its decision was supported by the former registered nurse's time records and her statements that she frequently volunteered low census hours so other nurses did not have to take mandatory low census hours.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 22, 2023, Case #: 3:22cv1208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Hernandez finds in favor of Jack in the Box against the employees' meal break claims. Prior to June 1, 2010, Oregon law did not require employers like Jack in the Box to pay employees for a 30-minute meal period if an employer called its employees back to work before 30 minutes, which is what happened in this case.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 8, 2023, Case #: 3:14cv1092, NOS: Employment - Civil Rights, Categories: Employment, Labor
J. Hernandez dismisses the consumer's claim that JPMorgan closed and restricted her accounts based on allegedly unexpected activity on her account from Croatia, which the consumer claims JPMorgan knew was the occasional wire transfer to her family in Croatia. The consumer's national origin discrimination claim fails because she relies on circumstantial evidence that JPMorgan knew about the nature of her wire transfers, but she does not point to direct evidence such as slurs or that JPMorgan ever alluded to her national origin.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 20, 2023, Case #: 3:23cv2, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Hernandez partially denies the digital experience company founder's motion to compel information about the computer consultant founder's use of certain disputed emails for the latter's claim that the former wrongfully took the computer consultant's customers. The work product doctrine protects the computer consultant founder's pre-litigation use of the disputed emails because he could not have anticipated that his use of those emails would be relevant to the lawsuit before the complaint was filed.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 5, 2023, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
J. Hernandez grants the Illinois insurance company's supplemental motion for summary judgment regarding its claim that the California insurance company must contribute 74.6% of defense costs for McKay Investments Company's liability policy regarding a 2009 faced enforcement action, which is related to pollution from a former dry cleaner at a property McKay owned. The California insurance company's argument that the Illinois insurance company is not entitled to equitable contribution because the cost-sharing agreement covers rights and obligations for past payments is invalid, because both parties agreed that this settlement agreement was interim and could be renegotiated.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 3, 2023, Case #: 3:21cv266, NOS: Insurance - Contract, Categories: Environment, Insurance, Settlements