Vasquex-Garcia et al v. Foothills Firewood LLC et al
Federal Civil Lawsuit Oregon District Court, Case No. 3:14-cv-00766
District Judge Michael W. Mosman, presiding

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No Logo Ramiro Herrera, Plaintiff
No Logo Sylvia Vasquez-Garcia, Plaintiff

Toggle Switch Represented by Law Offices of D. Michael Dale

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net

Toggle Switch Represented by Northwest Workers' Justice Project

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Corinna R. Spencer-Scheurich +1 503 525 8454 +1 503 946 3029 corinna@nwjp.org
v.
No Logo Brian Stinnett, Defendant
No Logo Conifer Canyon Resources LLC, Defendant

Toggle Switch Represented by Motschenbacher & Blattner, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicholas J. Henderson +1 503 417 0508 +1 503 417 0501 nhenderson@portlaw.com
No Logo Foothills Firewood LLC, Defendant
No Logo Conifer Canyon Resources LLC, Cross Claimant
No Logo Conifer Canyon Resources LLC, Cross Defendant
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
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Legal Document (Payment Possibly Required) 45 Filed: 1/6/2016, Entered: None Court Filing
ORDER OF PAYMENT OF ATTORNEY FEES : Plaintiffs Motion for Attorney Fees 43 is GRANTED. Plaintiffs are awarded attorney fees in the amount of $16,055.00 and litigation expenses in the amount of $558.91. Signed on 1/6/16 by Judge Michael W. Mosman. (dls) (Entered: 01/07/2016)
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    Legal Document (Payment Possibly Required) 44 Filed: 12/4/2015, Entered: None
    Declaration of Corinna Spencer-Scheurich In Support of Motion for Attorney Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 43 .) (Attachments: # 1 Exhibit 1 - Spencer-Scheurich Resume, # 2 Exhibit 2 - Notice/Demand Letter, # 3 Exhibit 3 - Billing Records, # 4 Exhibit 4 - Dale Resume, # 5 Exhibit 5 - Bill of Costs) (Spencer-Scheurich, Corinna) (Entered: 12/04/2015)
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      Legal Document (Payment Possibly Required) 43 Filed: 12/4/2015, Entered: None
      Motion for Attorney Fees & Costs. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 12/04/2015)
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        Blank 42 Filed: 11/23/2015, Entered: None Court Filing
        Default Judgment: Judgment is entered in favor of Plaintiffs, Sylvia Vasquez-Garcia and Ramiro Herrera, and against Defendants, Foothills Firewood LLC and Brian Stinnett jointly and severally in the amount of $15,411.07 in favor of Ms. Vasquez-Garcia and $3,511.93 in favor of Mr. Herrera. Post-judgment interest shall accrue on the Judgment amount at the current post-judgment rate per annum pursuant to 28 U.S.C. §1961 from the date of the entry of this Judgment until paid in full. Signed on 11/23/15 by Judge Michael W. Mosman. (dls) (Entered: 11/23/2015)
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          Legal Document (Payment Possibly Required) 41 Filed: 11/23/2015, Entered: None Court Filing
          ORDER: GRANTING Motion for Default Judgment Against Foothills Firewood LLC and Brian Stinnett 33 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/23/2015)
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            Legal Document (Payment Possibly Required) 40 Filed: 11/18/2015, Entered: None Court Filing
            ORDER OF DISMISSAL: Based on the parties Joint Motion to Dismiss 32 , IT IS ORDERED AND ADJUDGED that all of Plaintiffs claims against Defendant Conifer Canyon Resource s LLC and all of Conifer Canyons crossclaims against Defendants Brian Stinnett and Foothills Firewood, LLC are DISMISSED. Signed on 11/18/15 by Judge Michael W. Mosman. (dls) (Entered: 11/20/2015)
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              Legal Document (Payment Possibly Required) 39 Filed: 11/18/2015, Entered: None Court Filing
              ORDER: GRANTING Joint Motion to Dismiss Defendant Conifer Canyon Resources LLC. 32 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/20/2015)
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                Legal Document (Payment Possibly Required) 38 Filed: 11/16/2015, Entered: None
                Status Report by All Plaintiffs. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                  Legal Document (Payment Possibly Required) 37 Filed: 11/16/2015, Entered: None
                  Declaration of Corinna Spencer-Scheurich In Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 33 .) (Attachments: # 1 Exhibit 1 - Calculated Damages, # 2 Exhibit 2 - Vasquez-Garcia Wage Spreadsheet, # 3 Exhibit 3 - Notice Letter) (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                    Legal Document (Payment Possibly Required) 36 Filed: 11/16/2015, Entered: None
                    Declaration of Abel Almaraz In Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 33 .) (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                      Legal Document (Payment Possibly Required) 35 Filed: 11/16/2015, Entered: None
                      Declaration of Ramiro Herrera In Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 33 .) (Attachments: # 1 Exhibit 1 - Paystubs) (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                        Legal Document (Payment Possibly Required) 34 Filed: 11/16/2015, Entered: None
                        Declaration of Sylvia Vasquez-Garcia In Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 33 .) (Attachments: # 1 Exhibit 1 - Paystubs, # 2 Exhibit 2 - BOLI Calendars) (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                          Legal Document (Payment Possibly Required) 33 Filed: 11/16/2015, Entered: None
                          Motion for Default Judgment Against Foothills Firewood LLC and Brian Stinnett. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 11/16/2015)
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                            Legal Document (Payment Possibly Required) 32 Filed: 11/9/2015, Entered: None
                            Joint Motion to Dismiss Defendant Conifer Canyon Resources LLC. Filed by Conifer Canyon Resources LLC, Sylvia Vasquez-Garcia, Ramiro Herrera. (Spencer-Scheurich, Corinna) (Entered: 11/09/2015)
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                              Legal Document (Payment Possibly Required) 31 Filed: 11/6/2015, Entered: None
                              Notice of Change of Address. Filed by All Plaintiffs (Spencer-Scheurich, Corinna) (Entered: 11/06/2015)
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                                Legal Document (Payment Possibly Required) 30 Filed: 10/19/2015, Entered: None Court Filing
                                Scheduling Order by Judge Michael W. Mosman. Status Report is due by 11/16/2015. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/19/2015)
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                                  Legal Document (Payment Possibly Required) 29 Filed: 10/15/2015, Entered: None
                                  Status Report by All Plaintiffs. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 10/15/2015)
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                                    Legal Document (Payment Possibly Required) 28 Filed: 9/18/2015, Entered: None Court Filing
                                    Scheduling Order by Judge Michael W. Mosman. Status Report is due by 10/15/2015. Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/18/2015)
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                                      Legal Document (Payment Possibly Required) 27 Filed: 9/15/2015, Entered: None
                                      Status Report by All Plaintiffs. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 09/15/2015)
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                                        Legal Document (Payment Possibly Required) 26 Filed: 7/15/2015, Entered: None Court Filing
                                        ORDER: GRANTING Motion to Strike Pre-trial Deadlines 25 . Status Report is due 9/15/2015. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/15/2015)
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                                          Legal Document (Payment Possibly Required) 25 Filed: 7/10/2015, Entered: None
                                          Joint Motion to Strike Pre-Trial Deadlines in Order on motion for extension of discovery & PTO deadlines, 17 . Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 07/10/2015)
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                                            Legal Document (Payment Possibly Required) 24 Filed: 5/7/2015, Entered: None Court Filing
                                            ORDER: DENYING Amended Motion for Extension of Discovery & PTO Deadlines 22 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/07/2015)
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                                              Legal Document (Payment Possibly Required) 23 Filed: 4/30/2015, Entered: None
                                              Amended Declaration of Corinna Spencer-Scheurich In Support of Second Joint Motion for Extension of Discovery and Pre-trial Deadlines - corrected PDF attached. Filed by Ramiro Herrera, Sylvia Vasquez-Garcia. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 22 .) (Spencer-Scheurich, Corinna) (Entered: 04/30/2015)
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                                                Legal Document (Payment Possibly Required) 22 Filed: 4/30/2015, Entered: None
                                                Amended Motion for Extension of Discovery & PTO Deadlines corrected PDF attached. Filed by Conifer Canyon Resources LLC, Ramiro Herrera, Sylvia Vasquez-Garcia. (Spencer-Scheurich, Corinna) (Entered: 04/30/2015)
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                                                  Legal Document (Payment Possibly Required) 21 Filed: 4/30/2015, Entered: None
                                                  Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Joint Motion for Extension of Discovery & PTO Deadlines 18 filed by Ramiro Herrera, Sylvia Vasquez-Garcia, Conifer Canyon Resources LLC, Declaration, 19 filed by Ramiro Herrera, Sylvia Vasquez-Garcia, Conifer Canyon Resources LLC, Amended Motion for Extension of Discovery & PTO Deadlines corrected PDF for Doc 18 attached 20 filed by Ramiro Herrera, Sylvia Vasquez-Garcia, Conifer Canyon Resources LLC. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Documents 18-20 have the incorrect pdf attachments. Plaintiff's attorney will refile the documents with the corrected pdf attachments. (cib) (Entered: 04/30/2015)
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                                                    Sealed Legal Document 20 Filed: 4/29/2015, Entered: None
                                                    SEALED(see admin of correction 21 for details)Amended Motion for Extension of Discovery & PTO Deadlines corrected PDF for Doc 18 attached. Filed by Conifer Canyon Resources LLC, Ramiro Herrera, Sylvia Vasquez-Garcia. (Spencer-Scheurich, Corinna) Modified on 4/30/2015 (cib). (Entered: 04/29/2015)
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                                                      Legal Document (Payment Possibly Required) 17 Filed: 2/4/2015, Entered: None Court Filing
                                                      ORDER: GRANTING Motion for Extension of Discovery & PTO Deadlines 15 . Discovery is extended from 9/4/2014, to be completed by 5/4/2015. Dispositive Motions are due by 6/5/2015. Joint Alternate Dispute Resolution Report is extended from 10/6/2014, due by 8/3/2015. Pretrial Order is extended from 10/6/2014, due by 8/3/2015. Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/04/2015)
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                                                        Legal Document (Payment Possibly Required) 16 Filed: 2/3/2015, Entered: None
                                                        Declaration of Corinna Spencer-Scheurich . Filed by Conifer Canyon Resources LLC, Ramiro Herrera, Sylvia Vasquez-Garcia. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 15 .) (Spencer-Scheurich, Corinna) (Entered: 02/03/2015)
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                                                          Legal Document (Payment Possibly Required) 15 Filed: 2/3/2015, Entered: None
                                                          Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Conifer Canyon Resources LLC, Ramiro Herrera, Sylvia Vasquez-Garcia. (Spencer-Scheurich, Corinna) (Entered: 02/03/2015)
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                                                            Legal Document (Payment Possibly Required) 14 Filed: 1/29/2015, Entered: None Court Filing
                                                            Order to Show Cause. On May 5, 2014, this court issued an order requiring a pretrial order in this case be lodged no later than October 6, 2014. No pretrial order has been lodged. Pursuant to Local Rule 41.2, IT IS ORDERED that the parties appear in writing within 20 days from the date of this order, to show cause why this case should not be dismissed for want of prosecution. Signed on 1/29/15 by Judge Michael W. Mosman. (dls) (Entered: 01/30/2015)
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                                                              Legal Document (Payment Possibly Required) 13 Filed: 9/5/2014, Entered: None
                                                              Clerk's Entry of Default as to Foothills Firewood LLC and Brian Stinnett. (dls) (Entered: 09/05/2014)
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                                                                Legal Document (Payment Possibly Required) 12 Filed: 9/5/2014, Entered: None Court Filing
                                                                ORDER: GRANTING Unopposed Motion for Entry of Default Against Foothills Firewood LLC and Brian Stinnett 8 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/05/2014)
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                                                                  Legal Document (Payment Possibly Required) 11 Filed: 9/4/2014, Entered: None
                                                                  Corporate Disclosure Statement . Filed by Conifer Canyon Resources LLC. (Henderson, Nicholas) (Entered: 09/04/2014)
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                                                                    Legal Document (Payment Possibly Required) 10 Filed: 8/28/2014, Entered: None
                                                                    Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Ramiro Herrera, Sylvia Vasquez-Garcia. (Spencer-Scheurich, Corinna) (Entered: 08/28/2014)
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                                                                      Legal Document (Payment Possibly Required) 9 Filed: 8/28/2014, Entered: None
                                                                      Declaration of Corinna Spencer-Scheurich . Filed by All Plaintiffs. (Related document(s): Motion for default 8 .) (Spencer-Scheurich, Corinna) (Entered: 08/28/2014)
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                                                                        Legal Document (Payment Possibly Required) 8 Filed: 8/28/2014, Entered: None
                                                                        Unopposed Motion for Entry of Default Against Foothills Firewood LLC and Brian Stinnett. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 08/28/2014)
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                                                                          Legal Document (Payment Possibly Required) 7 Filed: 7/20/2014, Entered: None
                                                                          Summons Returned Executed. as to Foothills Firewood LLC served on 7/16/2014, answer due on 8/6/2014 Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 07/20/2014)
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                                                                            Legal Document (Payment Possibly Required) 6 Filed: 7/20/2014, Entered: None
                                                                            Summons Returned Executed. as to Brian Stinnett served on 7/16/2014, answer due on 8/6/2014 Filed by Sylvia Vasquez-Garcia; Ramiro Herrera. (Spencer-Scheurich, Corinna) (Entered: 07/20/2014)
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                                                                              Legal Document (Payment Possibly Required) 5 Filed: 7/14/2014, Entered: None
                                                                              Answer to 1 Complaint, Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Crossclaim Against Defendant Foothills Firewood, LLC and Brian Stinnett Conifer Canyon Resources LLC. Filed by Conifer Canyon Resources LLC. (Henderson, Nicholas) (Entered: 07/14/2014)
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                                                                                Legal Document (Payment Possibly Required) 4 Filed: 6/23/2014, Entered: None
                                                                                Waiver of Service of Summons Returned Executed by Conifer Canyon Resources LLC waiver sent on 5/13/2014. Filed by All Plaintiffs. (Spencer-Scheurich, Corinna) (Entered: 06/23/2014)
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                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 5/8/2014, Entered: None
                                                                                  Summons Issued Electronically as to Conifer Canyon Resources LLC, Foothills Firewood LLC, Brian Stinnett. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # 1 issued summons Conifer Canyon Resources, LLC, # 2 issued summons Brian Stinnett) (cib) (Entered: 05/08/2014)
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                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 5/7/2014, Entered: None Court Filing
                                                                                    Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/4/2014. Joint Alternate Dispute Resolution Report is due by 10/6/2014. Pretrial Order is due by 10/6/2014. Ordered by Judge Michael W. Mosman. (cib) (Entered: 05/08/2014)
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                                                                                      Legal Document (Payment Possibly Required) 1 Filed: 5/7/2014, Entered: None
                                                                                      Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3670799 Jury Trial Requested: Yes. Filed by Sylvia Vasquex-Garcia, Ramiro Herrera against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Foothills Firewood, # 3 Proposed Summons Conifer Canyon, # 4 Proposed Summons Brian Stinnett). (Spencer-Scheurich, Corinna) (Entered: 05/07/2014)
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