Western Coating Inc v. McCrae, et al

Federal Civil Lawsuit Oregon District Court, Case No. 3:97-cv-00804-RE
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Summary

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Parties
No Logo Western Coating Inc, Plaintiff

Represented by Davis Wright Tremaine LLP

Name Phone Fax E-Mail
Space Kent B. Thurber +1 503 778 5202 +1 503 778 5299 berniethurber@dwt.com
v.
No Logo Donald L Benge, Defendant

Represented by Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia and Hay, LLP

Name Phone Fax E-Mail
Space Scott L. Jensen +1 503 221 1772 +1 503 221 1074 slj@brownrask.com
No Logo Karen K McCrae, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space David B. Howorth +1 662 281 0556 +1 662 238 2969 dhoworth@earthlink.net

Represented by Foster Pepper PLLC

Name Phone Fax E-Mail
Space Roger D. Mellem +1 206 447 4400
Attributes
Office Portland
Filed 5/28/1997
Jury Demand None
Demand $20000000
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 1335 Interpleader Action
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Multnomah
Terminated 10/1/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags FRC, TERMINATED
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 6/6/2001, Entered: 6/6/2001 Federal Records Center Information
CASE FILE SENT TO THE FRC Accession number 21-01-0083 Location number 3009587-3009953 Box 67 of 184 (former employee)
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Blank 53 Filed: 12/9/1997, Entered: 12/10/1997 Order
ORDER by Honorable James A. Redden GRANTING Plaintiffs MOTION FOR ORDER TO DISBURSE FUNDS [52-1] to Western Coating Inc in the amount of $303,542.58 plus interest less Clerk registry fee not to exceed 10 % of interest earned. Plaintiffs attorney notified immediately after check prepared Signed 12/9/97 (counsel notified) (former employee)
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Blank 52 Filed: 12/5/1997, Entered: 12/9/1997, Terminated: 12/9/1997 Motion for Order
MOTION by Plaintiff Western Coating Inc FOR ORDER TO DISBURSE FUNDS (former employee)
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Blank 51 Filed: 10/1/1997, Entered: 10/2/1997 Order
ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO DISMISS CASE [24-1]; GRANTING Defendants MOTION FOR LEAVE TO FILE SUR-REPLY [43-1]. This case is dismissed. All pending motions are denied as moot Signed 10/1/97 (counsel notified) (former employee)
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Blank 50 Filed: 10/1/1997, Entered: 10/2/1997 Order
OPINION re Defendants MOTION TO DISMISS CASE [24-1] OR MOTION TO TRANSFER CASE TO TEXAS [24-2] AND MOTION FOR LEAVE TO FILE SUR-REPLY [43-1] Signed 10/1/97 by Honorable James A. Redden (counsel notified) (former employee)
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Blank 49 Filed: 9/26/1997, Entered: 9/29/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of David B Howorth re: memorandum [48-1] (former employee)
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Blank 48 Filed: 9/26/1997, Entered: 9/29/1997 Memorandum in Support
MEMORANDUM (SUR-REBUTTAL) by Defendant Karen K McCrae re MOTION FOR LEAVE TO FILE [47-1] (former employee) Modified on 09/29/1997
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Blank 47 Filed: 9/26/1997, Entered: 9/29/1997 Motion for Leave
MOTION by Defendant Karen K McCrae FOR LEAVE TO FILE SUR-REBUTTAL (former employee)
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Blank 46 Filed: 9/26/1997, Entered: 9/29/1997 Declaration
DECLARATION by Plaintiff Western Coating Inc of Robert Bronson in support of MOTION FOR LEAVE TO FILE SUR-REPLY [43-1] (former employee)
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Blank 45 Filed: 9/26/1997, Entered: 9/29/1997 Court Trial - Begun
RECORD OF ORDER by Honorable James A. Redden GRANTING Plaintiffs MOTION FOR LEAVE TO FILE SUR-REPLY [43-1] (counsel notified) (former employee)
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Blank 44 Filed: 9/25/1997, Entered: 9/26/1997 Declaration
DECLARATION by Plaintiff of Robert Bronson re MOTION FOR LEAVE TO FILE SUR-REPLY [43-1] (former employee)
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Blank 43 Filed: 9/25/1997, Entered: 9/26/1997, Terminated: 9/26/1997 Motion for Leave
MOTION by Plaintiff Western Coating Inc FOR LEAVE TO FILE SUR-REPLY (former employee)
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Blank 42 Filed: 8/13/1997, Entered: 8/14/1997 Court Trial - Begun
RECORD OF ORDER by Honorable James A. Redden SETTING Defendant Karen McCrae's MOTION TO DISMISS CASE [24-1] AND MOTION TO TRANSFER CASE TO TEXAS [24-2] Telephone argument set for 10:00 9/29/97; Court will initiate call (counsel notified) (former employee)
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Blank 41 Filed: 8/13/1997, Entered: 8/13/1997 Supplement
SUPPLEMENTAL AFFIDAVIT OF Ruth Lown by Defendant Karen K McCrae re affidavit [20-1] (former employee)
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Blank 40 Filed: 8/13/1997, Entered: 8/13/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of Faye H Stewart re: MOTION reply [38-1] (former employee)
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Blank 39 Filed: 8/13/1997, Entered: 8/13/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of Karen K McRae re: MOTION reply [38-1] (former employee)
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Blank 38 Filed: 8/13/1997, Entered: 8/13/1997 reply to motion
REPLY TO RESPONSE by Defendant Karen K McCrae re [24-1] MOTION TO DISMISS CASE, [24-2] MOTION TO TRANSFER CASE TO TEXAS (former employee)
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Blank 37 Filed: 8/11/1997, Entered: 8/12/1997 Court Trial - Begun
RECORD OF ORDER by Honorable James A. Redden GRANTING Defendants MOTION TO EXTEND TIME TO 8/12/97 TO FILE REPLY PAPERS IN SUPPORT OF HER MOTION TO DISMISS OR TRANSFER [33-1] to 8/12/97 (counsel notified) (former employee)
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Blank 36 Filed: 8/4/1997, Entered: 8/5/1997 Declaration
DECLARATION by Defendant Donald L Benge of Tom Barden re memorandum in opposition [29-1] to Defendant McRae's MOTION to DISMISS or TRANSFER (former employee)
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Blank 35 Filed: 8/4/1997, Entered: 8/5/1997 Declaration
DECLARATION by Defendant Donald L Benge of Donald Benge re memorandum in opposition [29-1] to Defendant McRae's MOTION to DISMISS or TRANSFER (former employee)
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Blank 34 Filed: 8/4/1997, Entered: 8/5/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of David B Howorth re: MOTION TO EXTEND TIME TO 8/12/97 TO FILE REPLY PAPERS IN SUPPORT OF HER MOTION TO DISMISS OR TRANSFER [24-1] & [24-2] [33-1] (former employee)
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Blank 33 Filed: 8/4/1997, Entered: 8/5/1997, Terminated: 8/11/1997 Motion for Extension of Time
MOTION by Defendant Karen K McCrae TO EXTEND TIME TO 8/12/97 TO FILE REPLY PAPERS IN SUPPORT OF HER MOTION TO DISMISS OR TRANSFER [24-1] & [24-2] ; expedited consideration sought (former employee)
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Blank 32 Filed: 7/25/1997, Entered: 7/28/1997 Certificate Of Service.
CERTIFICATE OF SERVICE of declaration [30-1], declaration [31-1], memorandum [29-1] by Defendant Donald L Benge (former employee)
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Blank 31 Filed: 7/25/1997, Entered: 7/28/1997 Declaration
DECLARATION by Defendant Donald L Benge of Tom Barden re memorandum [29-1] (Not Original Signature) (former employee)
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Blank 30 Filed: 7/25/1997, Entered: 7/28/1997 Declaration
DECLARATION by and of Defendant Donald L Benge re memorandum [29-1] (Not Original Signature) (former employee)
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Blank 29 Filed: 7/25/1997, Entered: 7/28/1997 Memorandum in Opposition
MEMORANDUM by Defendant Donald L Benge IN OPPOSITION MOTION TO DISMISS CASE [24-1], MOTION TO TRANSFER CASE TO TEXAS [24-2] Oral Argument Requested (former employee)
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Blank 28 Filed: 7/24/1997, Entered: 7/25/1997 Declaration
DECLARATION by Plaintiff Western Coating Inc of Robert Bronson re memorandum [27-1] (former employee)
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Blank 27 Filed: 7/24/1997, Entered: 7/25/1997 Memorandum in Opposition
MEMORANDUM by Plaintiff Western Coating Inc IN OPPOSITION to Defendant McRae's MOTION TO DISMISS CASE [24-1] or MOTION TO TRANSFER CASE TO TEXAS [24-2] (former employee)
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Blank 26 Filed: 7/14/1997, Entered: 7/15/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Defendant of MOTION TO DISMISS CASE [24-1], of MOTION TO TRANSFER CASE TO TEXAS [24-2] (former employee)
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Blank 25 Filed: 7/14/1997, Entered: 7/15/1997 Affidavit
AFFIDAVIT by and of Defendant Karen Keith McRae IN SUPPORT OF MOTION TO DISMISS CASE [24-1], MOTION TO TRANSFER CASE TO TEXAS [24-2] (former employee)
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Blank 24 Filed: 7/14/1997, Entered: 7/15/1997, Terminated: 10/1/1997 Motion to Dismiss
MOTION by Defendant TO DISMISS CASE , or TO TRANSFER CASE TO TEXAS Oral Argument Requested (former employee)
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Blank 23 Filed: 7/3/1997, Entered: 7/7/1997 Order
RECORD OF PROCEEDINGS before Honorable James A. Redden status hearing held on 7/3/97; GRANTING leave to file First Amended Complaint DENYING Defendant Benge's MOTION TO STRIKE PARAGRAPHS IN COMPLAINT [7-1]; DENYING Defendant McCrae's MOTION TO DISMISS [16-1], TO ABSTAIN [16-2] OR TRANSFER [16-3] AS MOOT (counsel notified) Court Rptr NONE (former employee)
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Blank 22 Filed: 7/1/1997, Entered: 7/3/1997 Certificate Of Service.
CERTIFICATE OF SERVICE of affidavit [20-1], affidavit [19-1], affidavit [18-1], memorandum [17-1], MOTION TO DISMISS [16-1] by Defendant Karen K McCrae (former employee)
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Blank 21 Filed: 7/1/1997, Entered: 7/3/1997 Scheduling
RECORD OF ORDER by Honorable James A. Redden status hearing set for 2:00pm 7/3/97 Court will initiate call (counsel notified) (former employee)
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Blank 20 Filed: 7/1/1997, Entered: 7/2/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of Ruth Lown IN SUPPORT OF MOTION TO DISMISS [16-1], MOTION TO ABSTAIN FROM THE EXERCISE OF JURISDICTION IN THIS ACTION IN DEFERENCE TO PARALLEL PROCEEDINGS IN STATE OF TEXAS [16-2], MOTION TO TRANSFER CASE TO WESTERN DISTRICT OF TEXAS [16-3] (former employee)
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Blank 19 Filed: 7/1/1997, Entered: 7/2/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of Karen Keith McRae IN SUPPORT OF MOTION TO DISMISS [16-1], MOTION TO ABSTAIN FROM THE EXERCISE OF JURISDICTION IN THIS ACTION IN DEFERENCE TO PARALLEL PROCEEDINGS IN STATE OF TEXAS [16-2], MOTION TO TRANSFER CASE TO WESTERN DISTRICT OF TEXAS [16-3] (former employee)
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Blank 18 Filed: 7/1/1997, Entered: 7/2/1997 Affidavit
AFFIDAVIT by Defendant Karen K McCrae of Lawrence E Castle IN SUPPORT OF MOTION TO DISMISS [16-1], MOTION TO ABSTAIN FROM THE EXERCISE OF JURISDICTION IN THIS ACTION IN DEFERENCE TO PARALLEL PROCEEDINGS IN STATE OF TEXAS [16-2], MOTION TO TRANSFER CASE TO WESTERN DISTRICT OF TEXAS [16-3] (former employee)
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Blank 17 Filed: 7/1/1997, Entered: 7/2/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Defendant Karen K McCrae of MOTION TO DISMISS [16-1], of MOTION TO ABSTAIN FROM THE EXERCISE OF JURISDICTION IN THIS ACTION IN DEFERENCE TO PARALLEL PROCEEDINGS IN STATE OF TEXAS [16-2], of MOTION TO TRANSFER CASE TO WESTERN DISTRICT OF TEXAS [16-3] (former employee)
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Blank 16 Filed: 7/1/1997, Entered: 7/2/1997 Motion to Dismiss
MOTION by Defendant Karen K McCrae TO DISMISS , TO ABSTAIN FROM THE EXERCISE OF JURISDICTION IN THIS ACTION IN DEFERENCE TO PARALLEL PROCEEDINGS IN STATE OF TEXAS , or TO TRANSFER CASE TO WESTERN DISTRICT OF TEXAS Oral Argument Requested (former employee)
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Blank 15 Filed: 6/30/1997, Entered: 7/2/1997 Description not available
FIRST AMENDED COMPLAINT [1-1] by Plaintiff Western Coating Inc (former employee)
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Blank 14 Filed: 6/24/1997, Entered: 6/24/1997 Response to Motion
RESPONSE by Plaintiff Western Coating Inc to Benge's MOTION TO STRIKE [7-1] (former employee)
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Blank 13 Filed: 6/23/1997, Entered: 6/24/1997 Response to Motion
RESPONSE (OPPOSITION) by Defendant Karen K McCrae to Benge's MOTION TO STRIKE [7-1] (former employee)
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Blank 12 Filed: 6/16/1997, Entered: 6/17/1997 Order
ORDER by Honorable James A. Redden GRANTING STIPULATED MOTION TO EXTEND TIME TO ANSWER TO COMPLAINT [10-1]; Answer deadline reset to 7/1/97 for Karen K McCrae Signed 6/16/97 (counsel notified) (former employee)
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Blank 11 Filed: 6/16/1997, Entered: 6/16/1997, Terminated: 6/16/1997 Order
ORDER by Honorable James A. Redden GRANTING Plaintiffs MOTION TO RECEIVE & DEPOSIT $79,425.00 IN ADDITIONAL FUNDS INTO AN INTEREST BEARING ACCOUNT No 2681415814 [9-1] (See file for full 3 page order) Signed 6/16/97 (counsel notified) (former employee)
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Blank 10 Filed: 6/13/1997, Entered: 6/16/1997, Terminated: 6/16/1997 Motion for Extension of Time to Answer a Complaint
STIPULATED MOTION TO EXTEND TIME TO ANSWER TO COMPLAINT (former employee)
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Blank 9 Filed: 6/13/1997, Entered: 6/13/1997, Terminated: 6/16/1997 Motion
MOTION by Plaintiff Western Coating Inc TO RECEIVE & DEPOSIT ADDITIONAL FUNDS INTO AN INTEREST BEARING ACCOUNT . CERTIFICATE OF SERVICE. (gm)
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Blank 8 Filed: 6/12/1997, Entered: 6/13/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Defendant Donald L Benge of MOTION TO STRIKE PARAGRAPHS IN COMPLAINT [7-1] (former employee)
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Blank 7 Filed: 6/12/1997, Entered: 6/13/1997 Motion to Strike
MOTION by Defendant Donald L Benge TO STRIKE PARAGRAPHS IN COMPLAINT Oral Argument Requested (former employee)
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Blank 6 Filed: 6/2/1997, Entered: 6/2/1997, Terminated: 6/2/1997 Order
ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION FOR ORDER TO RECEIVE AND DEPOSIT FUNDS ($224,117.58) INTO INTEREST BEARING ACCOUNT [2-1] (See file for full 3 page order) Signed 6/2/97 (counsel notified) (former employee)
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Blank 5 Filed: 5/28/1997, Entered: 5/29/1997 Summons Issued
SUMMONS ISSUED as to Defendant Donald L Benge (former employee)
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Blank 4 Filed: 5/28/1997, Entered: 5/29/1997 Summons Issued
SUMMONS ISSUED as to Defendant Karen K McCrae (former employee)
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Blank 3 Filed: 5/28/1997, Entered: 5/29/1997 Discovery Order
ORDER Discovery Schedule discovery ddl set for 9/25/97 pretrial order deadline set for 10/27/97 (former employee)
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Blank 2 Filed: 5/28/1997, Entered: 5/29/1997, Terminated: 6/2/1997 Motion for Order
MOTION by Plaintiff Western Coating Inc FOR ORDER TO RECEIVE AND DEPOSIT FUNDS INTO INTEREST BEARING ACCOUNT (former employee)
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Blank 1 Filed: 5/28/1997, Entered: 5/29/1997 Complaint
COMPLAINT IN INTERPLEADER (Cause Code: 28:1335) (Receipt # 165737) (former employee)
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