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 51 |
Filed: 9/20/2001, Entered: 9/20/2001 |
Judgment* |
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Judgment: It is Ordered and Adjudged that this action is Dismissed in its entirety, without prejudice, for want of subject matter jurisdiction. Signed 9/20/01 by Judge John Jelderks. (gm)
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| 50 |
Filed: 9/18/2001, Entered: 9/18/2001 |
Order on Motion for Summary Judgment |
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ORDER:Opinion & Order: I find that Plaintiff has failed to allege facts supporting subject matter jurisdiction in this case. The speculative nature of the alleged harm does not justify a finding that Plaitniff has shown the requisite amount in controversy. Defendants have represented that if the underlying action is dismissed for lack of subject matter jurisdiction, they will voluntarily dismiss their counterclaims without prejudice. Accordingly, this action is Dismissed in its entirety, without prejudice, for want of subject matter jurisdiction. All pending motions (Related Doc #[10]), (Related Doc #[13]),(Related Doc #[21]) are Denied as Moot. Signed on 9/18/01 by Judge John Jelderks. (gm)
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| 49 |
Filed: 9/13/2001, Entered: 9/14/2001 |
Supplement |
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Supplement Letter dated 9/6/01 indicating intent not to file Response to Memorandum re: Jurisdiction. Filed by Nancie Potter Arellano on behalf of Oregon Trail Financial Corp. (Related document(s)[46]) (gm, )
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| 48 |
Filed: 9/13/2001, Entered: 9/14/2001 |
Supplement |
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Supplement Letter dated 9/4/01 indicating intent not to file Response to Memorandum re: Jurisdiction. Filed by Jeffrey M. Kilmer on behalf of Edward H. Elms. (Related document(s)[46]) (gm, )
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| 47 |
Filed: 8/30/2001, Entered: 8/31/2001 |
Declaration |
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Declaration of Bruce L. Campbell. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[46]) (mja, )
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| 46 |
Filed: 8/30/2001, Entered: 8/31/2001 |
Memorandum |
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Memorandum Regarding Subject Matter Jurisdiction. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 45 |
Filed: 8/23/2001, Entered: 8/24/2001 |
Scheduling |
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CIVIL MINUTES:Record of Proceedings before Judge John Jelderks: Oral Argument held 8/23/01. Order: Defendants' Motion to Dismiss for Failure to State a Claim (Related documents(s) [10]), Plaintiff's Motion for Leave to File Amended and Supplemental Complaint (Related documents(s) [13]), Plaintiff's Motion to Dismiss (Related documents(s) [21]) and alternative Motion for Summary Judgment Against Counter-claims and Third-party Claims (Related documents(s) [21]) aretaken under advisement as of 8/23/2001. Counsel Present for Plaintiff: Bruce Campbell, John Neupert, and Spencer Schneider (by telephone). Counsel Present for Defendant: Jeffrey Kilmer and Nancy Arellano.Tape No: 1468/1469. Court Reporter: Ilene TenBrook. (gm)
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| 44 |
Filed: 8/23/2001, Entered: 8/23/2001 |
Stipulated Order |
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Stipulated Order for Dismissal of Oregon Trail Financial Corporation's Fourth Counter-Claim and Third-Party Claim (see formal document). Signed 8/23/01 by Judge John Jelderks. (gm)
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| 43 |
Filed: 8/23/2001, Entered: 8/23/2001 |
Stipulated Order |
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Stipulated Order For Dismissal with prejudice of Defendant Elm's Third Counter-Claim and Third-Party Claim (see formal document). Signed 8/23/01 by Judge John Jelderks. (gm)
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| 41 |
Filed: 8/22/2001, Entered: 8/22/2001 |
Consent to a Magistrate |
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Full Consent by all parties to all further proceedings before a US Magistrate Judge. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 42 |
Filed: 8/21/2001, Entered: 8/23/2001 |
Memorandum |
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Reply Memorandum in Support of Plaintiff's Motion to Dismiss or in the Alternative for Summary Judgment Against Counterclaims and Third-Party Claims. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[21]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 40 |
Filed: 8/20/2001, Entered: 8/22/2001 |
Certificate Of Service. |
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Certificate of Service. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 38 |
Filed: 8/20/2001, Entered: 8/21/2001 |
Affidavit |
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Affidavit of Edward H. Elms. Filed by Jeffrey M. Kilmer on behalf of Edward H. Elms. (Related document(s)[35]) (mja, )
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| 39 |
Filed: 8/17/2001, Entered: 8/21/2001 |
Reply |
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Reply Memorandum in Support of Plaintiff's Motion for Leave to File Supplemental Complaint. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[13]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 37 |
Filed: 8/13/2001, Entered: 8/14/2001 |
Exhibits |
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Exhibit to Affidavit in Opposition to Plaintiff and Third-Party Defendants' Alternative Motion to Dismiss or for Summary Judgment. Filed by Nancie Potter Arellano on behalf of Edward H. Elms, Oregon Trail Financial Corp. (Related document(s)[33]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 35 |
Filed: 8/10/2001, Entered: 8/10/2001 |
Memorandum in Opposition |
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Memorandum in Opposition to Plaintiff's Alternative Motions to Dismiss or for Summary Judgment. Filed by Nancie Potter Arellano on behalf of Oregon Trail Financial Corp. (Attachments: # (1) Certificate of Service)(Related motion(s)[21]) (Arellano, Nancie)
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| 34 |
Filed: 8/10/2001, Entered: 8/10/2001 |
Response |
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Response to Moving Parties' Concise Statement of Material Facts. Filed by Nancie Potter Arellano on behalf of Oregon Trail Financial Corp. (Attachments: # (1) Certificate of Service)(Related document(s)[22]) (Arellano, Nancie)
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| 33 |
Filed: 8/10/2001, Entered: 8/10/2001 |
Affidavit |
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Affidavit of Nancie Potter Arellano in Opposition to Plaintiff & 3rd Party Defendants Alt. Motions to Dismiss or for Summary Judgment. Filed by Nancie Potter Arellano on behalf of Oregon Trail Financial Corp. (Attachments: # (1) Certificate of Service)(Arellano, Nancie)
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| 36 |
Filed: 8/9/2001, Entered: 8/14/2001 |
Order on Motion for Extension of Time |
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CIVIL MINUTES:Record of Order by Judge John Jelderks Granting Plaintiff's Unopposed Motion for Extension of Time to File Reply Brief (Related Doc #[32]) as follows: Plaintiff/Third-party Defendants' Reply to Defendants' responses to Motion to Amend and Supplement Complaint due 8/17/01. (gm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 32 |
Filed: 8/9/2001, Entered: 8/10/2001, Terminated: 8/9/2001 |
Motion for Extension of Time |
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Motion for Extension of Time to File Reply Brief (to 8/17/01). Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[13]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 31 |
Filed: 8/6/2001, Entered: 8/9/2001 |
Scheduling |
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Minute Entry: Record of Order by Judge John Jelderks: Setting Plaintiff & Third-party Defendants' Motion to Dismiss and alternative Motion for Summary Judgment Against Counterclaims and Third-Party Claims (Related documents(s) [21]) on the Oral Argument Calendar of 8/23/2001 at 09:30AM. (gm)
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| 30 |
Filed: 8/3/2001, Entered: 8/7/2001 |
Request |
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Request for Judicial Notice of Documents Filed in Multnomah County Circuit Court Case 01-02-01777. Filed by Susan T. Alterman on behalf of Oregon Trail Financial Corp. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 29 |
Filed: 8/3/2001, Entered: 8/6/2001 |
Memorandum |
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Reply Memorandum in Support of Motion to Dismiss. Filed by Susan T. Alterman on behalf of Edward H. Elms, Oregon Trail Financial Corp. (Related document(s)[10]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 28 |
Filed: 8/3/2001, Entered: 8/6/2001 |
Memorandum |
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Memorandum in Support of Motion to Dismiss and Response to Plaintiff's Motion to Amend Complaint. Filed by Susan T. Alterman on behalf of Edward H. Elms, Oregon Trail Financial Corp. (Related document(s)[10], [13]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 27 |
Filed: 8/3/2001, Entered: 8/6/2001 |
Affidavit |
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Affidavit of Susan T> Alterman in Opposition to Plaintiff's Motion to Amend Compaint. Filed by Susan T. Alterman on behalf of Edward H. Elms, Oregon Trail Financial Corp. (Related document(s)[26], [13]) (mja, )
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| 26 |
Filed: 8/3/2001, Entered: 8/6/2001 |
Memorandum |
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Memorandum of Law in Opposition to Motion to Amend Complaint. Filed by Nancie Potter Arellano on behalf of Edward H. Elms, Oregon Trail Financial Corp. (Related document(s)[13]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 25 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Certificate Of Service. |
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Certificate of Service. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[21]) (pvh, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 24 |
Filed: 7/30/2001, Entered: 7/31/2001 |
Declaration |
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Declaration of John F. Neupert. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[21]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 23 |
Filed: 7/30/2001, Entered: 7/31/2001 |
Memorandum in Support |
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Memorandum in Support of Plaintiff's and Third-Party Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment Against Counterclaims and Third Party Claims. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (Related document(s)[21], [22]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 22 |
Filed: 7/30/2001, Entered: 7/31/2001 |
Concise Statement of Material Fact |
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Concise Statement of Material Fact. Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 21 |
Filed: 7/30/2001, Entered: 7/31/2001 |
Motion to Dismiss |
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Motion to Dismiss or, In The Alternative, for Summary Judgment Against Counterclaims and Third-Party Claims ORAL ARGUMENT REQUESTED, Filed by John F. Neupert on behalf of Joseph Stilwell, Stilwell Associates, L.P., Stilwell Value LLC, Stilwell Value Partners II, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 20 |
Filed: 7/20/2001, Entered: 7/24/2001 |
Order on Motion for Extension of Time to File Resp |
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Record of Order by Judge John Jelderks: Granting # [18]) Defendant/Third-party Plaintiff Elms' Unopposed Motion for Extension of Time to File Reply Memorandum with regard to the Motion for Summary Judgment #[10]. Reply due by 8/3/2001. Oral Argument remains set for 8/23/01 at 9:30AM regarding the dismissal motion. (Related documents(s) [10]) (gm)
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| 19 |
Filed: 7/19/2001, Entered: 7/23/2001 |
Notice |
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Notice of Substitution of Counsel for Defendant/Counterclaim & Third-party Plaintiff Edward H. Elms. Filed by Nancie Potter Arellano on behalf of Edward H. Elms. (gm, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 18 |
Filed: 7/19/2001, Entered: 7/23/2001, Terminated: 7/20/2001 |
Motion for Extension of Time to File Response/Repl |
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Unopposed Motion for Extension of Time to File a Response/Reply to Motion # [10]. to Dismiss. Filed by Pamela J. Stendahl on behalf of Edward H. Elms. (gm, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 17 |
Filed: 7/17/2001, Entered: 7/17/2001 |
Scheduling |
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Record of Order by Judge John Jelderks: Resetting Defendants' Motion to Dismiss for Failure to State a Claim (related document(s)[10]) and Plaintiff's Motion for Leave to File Amended and Supplemental Complaint (related document(s)[13]) from 8/16/2001 at 9:30AM to the Oral Argument Calendar of 8/23/2001 at 09:30AM. Order: Resetting the Rule 16 Conference from 8/16/2001 at 9:30AM to 8/23/2001 at 09:30AM (at the time set for oral argument on Defendants' Motion to Dismiss and Plaintiff's Motion to Amend Complaint above). (gm)
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| 16 |
Filed: 7/11/2001, Entered: 7/12/2001 |
Scheduling |
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Record of Order by Judge John Jelderks: Setting Plaintiff's Motion for Leave to File Amended and Supplemental Complaint (related document(s)[13]) on the Oral Argument Calendar of 8/16/2001 at 09:30AM. Order: Resetting Defendants' Motion to Dismiss for Failure to State a Claim (related document(s)[10]) from the Under Advisement Calendar of 7/30/01 to the Oral Argument Calendar of 8/16/2001 at 09:30AM. Order: Resetting the Rule 16 Conference from 8/27/01 at 9:30AM to 8/16/2001 at 09:30 AM in Courtroom 12-B. (gm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 15 |
Filed: 7/9/2001, Entered: 7/10/2001 |
Memorandum |
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Memorandum in Response to Defendants' Motion to Dismiss. (related document(s)[10]) Filed by Stilwell Associates, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 14 |
Filed: 7/9/2001, Entered: 7/10/2001 |
Memorandum in Support |
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Memorandum in Support of Plaintiff's Motion to File Supplemental Complaint. Filed by Stilwell Associates, L.P.. (Related motion(s)[13]) (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 13 |
Filed: 7/9/2001, Entered: 7/10/2001 |
Motion to Amend/Correct |
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Motion for Leave to File Amended and Supplemental Complaint ORAL ARGUMENT REQUESTED. Filed by Stilwell Associates, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 12 |
Filed: 6/27/2001, Entered: 6/27/2001 |
Scheduling |
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Record of Order by Judge John Jelderks: Setting Defendants' Motion to Dismiss for Failure to State a Claim (related document(s)[10]) on the under advisement calendar of 7/30/2001. (gm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 11 |
Filed: 6/26/2001, Entered: 6/27/2001 |
Memorandum |
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Memorandum of Law in Support of Defendants/Counterclaim Plaintiffs' and Third-Party Plaintiffs' Motion to Dismiss for Failure to State a Claim. (related document(s)[10]) Filed by Edward H. Elms, Oregon Trail Financial Corp. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 10 |
Filed: 6/26/2001, Entered: 6/27/2001 |
Motion to Dismiss |
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Motion to Dismiss for Failure to State a Claim Upon Which Releif can be Granted. Filed by Edward H. Elms, Oregon Trail Financial Corp. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 9 |
Filed: 6/12/2001, Entered: 6/13/2001 |
Waiver of Service Summons |
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Waiver of Service of Summons-- Accepted by Joseph Stilwell, Stilwell Associates L.P. and Stilwell Vaue LLC on May 30, 2001. Filed by Joseph Stilwell, Stilwell Value LLC, Stilwell Value Partners II, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 8 |
Filed: 6/7/2001, Entered: 6/7/2001 |
Scheduling |
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Record of Order by Judge John Jelderks: Rule 16 Conference reset from 8/6/2001 at 10:30AM to 8/27/2001 at 09:30AM in Chambers. (gm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 7 |
Filed: 6/6/2001, Entered: 6/7/2001 |
Return of Service Executed |
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Return of Service Executed upon Edward H. Elms and Oregon Trail Financial Corp on 5/25/01. Filed by Stilwell Associates, L.P.. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 6 |
Filed: 5/30/2001, Entered: 5/31/2001 |
Corporate Disclosure Statement |
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Corporate Disclosure Statement. Filed by Edward H. Elms, Oregon Trail Financial Corp. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 4 |
Filed: 5/30/2001, Entered: 5/30/2001 |
Scheduling |
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Record of Order by Judge John Jelderks: Rule 16 Conference set for 8/6/2001 at 10:30 AM in Chambers. (gm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 5 |
Filed: 5/29/2001, Entered: 5/30/2001 |
Answer to Amended Complaint |
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Answer to Amended Complaint Affirmative Defenses, Counterclaims. (Related Doc # [3]), Third Party Complaint DEMAND FOR JURY TRIAL Filed by Edward H. Elms, Oregon Trail Financial Corp. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 3 |
Filed: 5/25/2001, Entered: 5/25/2001, Terminated: 5/30/2001 |
Amended Complaint |
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Amended Complaint (Amended Only to Attach Exhibit 1 which was Omitted From the Complaint) against Edward H. Elms, Oregon Trail Financial Corp. Filed by Stilwell Associates, L.P. (mja, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 2 |
Filed: 5/22/2001, Entered: 5/22/2001 |
Discovery Order |
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Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable John Jelderks. Discovery to be completed by 9/19/2001. Joint ADR Report due by 10/19/2001. Pretrial Order due by 10/19/2001. (mja, )
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| Save 25% on a pre-paid one year subscription. |
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| 1 |
Filed: 5/22/2001, Entered: 5/22/2001, Terminated: 5/25/2001 |
Complaint |
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Complaint against Edward H. Elms, Oregon Trail Financial Corp. Derivative Action to Remove a Director Filing Fee collected. Receipt #: 437562 issued.Summons issued as to Edward H. Elms and Oregon Trail Financial Corp. Filed by Stilwell Associates, L.P. (mja, )
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