Mercy Medical Center v. Oregon Nurses Association

Federal Civil Lawsuit Oregon District Court, Case No. 3:15-cv-00699
Magistrate Judge Paul Papak, presiding
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Magistrate Judge Paul Papak
Last Updated January 15, 2019 at 6:38 AM EST (6.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Oregon Nurses Association, Counter-Claimant

Represented by Bennett Hartman Morris & Kaplan, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Thomas K. Doyle +1 503 227 4600 +1 503 248 6800 doylet@bennetthartman.com
v.
No Logo Mercy Medical Center, Counter-Defendant

Represented by Stoel Rives, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Brenda K. Baumgart +1 503 294 9413 +1 503 220 2480 bkbaumgart@stoel.com
TERMINATED: 10/05/2015 Theresa A. Briscoe +1 503 294 9872 +1 503 220 2480 tabriscoe@stoel.com
ATTORNEY TO BE NOTICED John Baird Dudrey +1 503 224 3380 +1 503 220 2480 john.dudrey@stoel.com
ATTORNEY TO BE NOTICED Victor Joseph Kisch +1 503 294 9648 +1 503 220 2480 vkisch@stoel.com
Attributes
Citation Section 29 U.S.C. § 185
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 47 Filed: 7/2/2018, Entered: None Unknown Document Type
MANDATE of USCA for the 9th Circuit, USCA # 16-35435, re Notice of Appeal 44 . The decision of the District Court is AFFIRMED. (Attachments: # 1 6/6/2018 Memorandum) (jtj) (Entered: 07/02/2018)
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Legal Document (Payment Possibly Required) 46 Filed: 5/1/2018, Entered: None Unknown Document Type
Order from USCA for the 9th Circuit, USCA # 16-35435 re Notice of Appeal 44 . The panel is of the unanimous opinion that the facts and legal argument are adequately presented in the record and briefs, and that the decisional process would not be significantly aided by oral argument. See Fed. R. App. P. 34(a)(2) (C). Accordingly, this case shall be submitted on the briefs, without oral argument, on May 16, 2018, at Portland, Oregon. (jtj) (Entered: 05/01/2018)
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Legal Document (Payment Possibly Required) 45 Filed: 6/16/2016, Entered: None Unknown Document TypeCourt Filing
Transcript Designation and Order Form for the hearing held on 11-16-2015 before Judge Papak. Court Reporter: Nancy M. Walker. regarding Notice of Appeal 44 . Filed by All Plaintiffs. Transcript is due by 7/21/2016. (Dudrey, John) (Entered: 06/16/2016)
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Legal Document (Payment Possibly Required)  Filed: 5/23/2016, Entered: None Unknown Document Type
USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 44 . Case Appealed to 9th Circuit Court of Appeals Case Number 16-35435 assigned. (jtj)
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Legal Document (Payment Possibly Required) 44 Filed: 5/20/2016, Entered: None Unknown Document Type
Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-4615179: . Filed by Mercy Medical Center. (Baumgart, Brenda) (Entered: 05/20/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 4/22/2016, Entered: None Unknown Document TypeCourt Filing
JUDGMENT: It is Ordered and Adjudged that this action is Dismissed with prejudice. Signed on 4/22/16 by Judge Marco A. Hernandez. (gm) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 4/22/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: Adopting the Magistrate's Findings and Recommendation 31 . Plaintiff's Motion for Summary Judgment 19 is Denied; Defendant's Motion for Summary Judgment 17 is Granted, and Plaintiff's claims are Dismissed with prejudice. Signed on 4/22/16 by Judge Marco A. Hernandez. (gm) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 2/26/2016, Entered: None Unknown Document Type
Response to Objections to Findings & Recommendation. Defendant's Response to Plaintiff's Objections to Findings and Recommendation Related document(s): 36 Objection, 31 Findings & Recommendation,. Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 02/26/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 2/19/2016, Entered: None Unknown Document TypeCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on November 16, 2015 before Judge Paul Papak, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or email nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/29/2016. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016. (Walker, Nancy) (Entered: 02/19/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 2/19/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: Granting Motion for Extension of Time to File a Response to Objection to F & R 37 . Response to objection to the Findings and Recommendation is due by 2/26/2016. F&R is taken under advisement as of 3/2/2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 02/19/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 2/19/2016, Entered: None Unknown Document Type
Declaration of Thomas K. Doyle in Support of Unopposed Motion for Extension of Time to File Reply to Plaintiff's Objections to Findings and Recommendation. Filed by Oregon Nurses Association. (Related document(s): Motion for Extension of Time to File Response to Objection to F & R, 37 .) (Doyle, Thomas) (Entered: 02/19/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 2/19/2016, Entered: None Unknown Document Type
Unopposed Motion for Extension of Time to File a Response to Objection s to Findings & Recommendation: Motion for Summary Judgment 19, Motion for Summary Judgment 17 should be granted/denied 31 . Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 02/19/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 2/5/2016, Entered: None Unknown Document Type
Objection(s) to Findings and Recommendation. Filed by Mercy Medical Center. (Related document(s): Findings & Recommendation, 31 .) (Baumgart, Brenda) (Entered: 02/05/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 1/14/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: Granting Motion for Extension of Time to File Objection to F & R 33 AS FOLLOWS: Objections to the Findings and Recommendation are due by 2/5/2016. Responses to any objections to the Findings and Recommendation are due by 2/19/2016. Motion is taken under advisement as of 2/25/2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 01/14/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 1/12/2016, Entered: None Unknown Document Type
Declaration of Brenda K. Baumgart . Filed by Mercy Medical Center. (Related document(s): Motion for Extension of Time to File Objection to F & R 33 .) (Baumgart, Brenda) (Entered: 01/12/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 1/12/2016, Entered: None Unknown Document Type
Unopposed Motion for Extension of Time to File an Objection to 31 . Filed by Mercy Medical Center. (Baumgart, Brenda) (Entered: 01/12/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 12/29/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 31 is referred to Judge Marco A. Hernandez for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm) (Entered: 12/29/2015)
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Legal Document (Payment Possibly Required) 31 Filed: 12/29/2015, Entered: None Unknown Document TypeCourt Filing
Findings & Recommendation: The Award should be confirmed. Therefore, ONA's Motion for Summary Judgment 17 should be granted, and Mercy's Motion for Summary Judgment 19 should be denied. Judgment should be entered accordingly. Signed on 12/29/15 by Magistrate Judge Paul Papak. (gm) (Entered: 12/29/2015)
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Legal Document (Payment Possibly Required) 30 Filed: 11/16/2015, Entered: None Unknown Document TypeCourt Filing
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 11/16/15. Order: Defendant's Motion for Summary Judgment 17 and Plaintiff's Motion for Summary Judgment 19 are taken under advisement as of 11/16/2015. Brenda Baumgart; Victor Kisch present as counsel for plaintiff(s). Thomas Doyle present as counsel for defendant(s). Court Reporter: Nancy Walker. (gm) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 29 Filed: 11/2/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment 17 and Plaintiff's Motion for Summary Judgment 19 from 11/3/2015 at 10:00AM to the Oral Argument Calendar of 11/16/2015 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 11/03/2015)
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Legal Document (Payment Possibly Required) 28 Filed: 10/29/2015, Entered: None Unknown Document Type
Reply to Motion for Summary Judgment 19 . Filed by Mercy Medical Center. (Baumgart, Brenda) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 27 Filed: 10/29/2015, Entered: None Unknown Document Type
Reply to Motion for Summary Judgment 17 Oral Argument requested. Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 26 Filed: 10/27/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Granting the parties' unopposed E-mail Request dated 10/27/15 for extension of time as follows: Replies to Dispositive Motions due by 10/29/2015. (gm) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 25 Filed: 10/9/2015, Entered: None Unknown Document Type
Response to Motion for Summary Judgment 17 . Filed by Mercy Medical Center. (Baumgart, Brenda) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required) 24 Filed: 10/9/2015, Entered: None Unknown Document Type
Response in Opposition to Motion for Summary Judgment 19 . Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required) 23 Filed: 10/5/2015, Entered: None Unknown Document Type
Notice of Attorney Substitution:Attorney Brenda K Baumgart is substituted as counsel of record in place of Attorney Theresa A. Briscoe Filed by Mercy Medical Center (Baumgart, Brenda) (Entered: 10/05/2015)
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Legal Document (Payment Possibly Required) 22 Filed: 10/2/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Granting the parties' unopposed E-mail Request dated 10/1/15 for extension of time as follows and as modified: Responses to Dispositive Motions due by 10/9/2015. Replies to Dispositive Motions due by 10/27/2015. (gm) (Entered: 10/02/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 9/14/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Setting Defendant's Motion for Summary Judgment 17 and Plaintiff's Motion for Summary Judgment 19 on the Oral Argument Calendar of 11/3/2015 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 09/14/2015)
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Legal Document (Payment Possibly Required) 20 Filed: 9/11/2015, Entered: None Unknown Document Type
Declaration of Victor J. Kisch . Filed by Mercy Medical Center. (Related document(s): Motion for Summary Judgment 19 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Kisch, Victor) (Entered: 09/11/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 9/11/2015, Entered: None Unknown Document Type
Motion for Summary Judgment . Oral Argument requested. Filed by Mercy Medical Center. (Kisch, Victor) (Entered: 09/11/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 9/11/2015, Entered: None Unknown Document Type
Memorandum in Support of Defendant/Cross-Complainant's Motion for Summary Judgment. Filed by Oregon Nurses Association. (Related document(s): Motion for Summary Judgment 17 .) (Doyle, Thomas) (Entered: 09/11/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 9/11/2015, Entered: None Unknown Document Type
Motion for Summary Judgment . Oral Argument requested. Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 09/11/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 9/8/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's unopposed E-mail Request dated 9/8/15 for extension of time as follows and as modified: Dispositive Motions are due by 9/11/2015. Pretrial Order is due by 10/13/2015 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 09/08/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 8/13/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's unopposed E-mail Request dated 8/13/15 for extension of time as follows and as modified: Dispositive Motions are due by 9/8/2015. Pretrial Order is due by 10/8/2015 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 08/13/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 7/20/2015, Entered: None Unknown Document TypeCourt Filing
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Rule 16 Conference held 7/20/15. Order Setting the following deadline: Written consents, if any, should be submitted by 8/25/2015. All other deadlines remain unchanged at this time. Victor Kisch present as counsel for plaintiff(s). Richard Myers (for Thomas Doyle) present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 07/20/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 7/1/2015, Entered: None Unknown Document Type
Answer to 10 Answer to Complaint, Counterclaim . Filed by Mercy Medical Center. (Briscoe, Theresa) (Entered: 07/01/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 6/12/2015, Entered: None Unknown Document Type
Corporate Disclosure Statement . Filed by All Defendants. (Doyle, Thomas) (Entered: 06/12/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 6/11/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Rule 16 Conference set for 7/20/2015 at 2:00PM in Portland chambers before Magistrate Judge Paul Papak. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 06/11/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 6/10/2015, Entered: None Unknown Document Type
Answer to 1 Complaint, Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Counterclaim Mercy Medical Center. Filed by Oregon Nurses Association. (Attachments: # 1 Exhibit) (Doyle, Thomas) (Entered: 06/10/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 6/2/2015, Entered: None Unknown Document TypeCourt Filing
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's Unopposed Motion for Extension of Time 7 as follows: Answer deadline reset to 6/10/2015 for Defendant Oregon Nurses Association. (gm) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 6/2/2015, Entered: None Unknown Document Type
Declaration of Thomas K. Doyle . Filed by Oregon Nurses Association. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 7 .) (Doyle, Thomas) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 6/2/2015, Entered: None Unknown Document Type
Unopposed Motion for Extension of Time to Answer . Filed by Oregon Nurses Association. (Doyle, Thomas) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 5/11/2015, Entered: None Unknown Document Type
Acceptance/Acknowledgement of Service of Complaint, 1 on Oregon Nurses Association served on 5/8/2015 by Thomas K. Doyle Filed by Mercy Medical Center. (Kisch, Victor) (Entered: 05/11/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 4/28/2015, Entered: None Unknown Document Type
Amended Summons Issued Electronically as to Oregon Nurses Association. 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. (sm) (Entered: 04/28/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 4/28/2015, Entered: None Unknown Document Type
Amended Proposed Summons Filed by Mercy Medical Center. (Briscoe, Theresa) (Entered: 04/28/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 4/27/2015, Entered: None Unknown Document Type
Summons Issued Electronically as to Oregon Nurses Association. 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. (sm) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 4/27/2015, Entered: None Unknown Document TypeCourt Filing
Notice of Case Assignment to Magistrate Judge Paul Papak 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 8/25/2015. Joint Alternate Dispute Resolution Report is due by 9/24/2015. Pretrial Order is due by 9/24/2015. Ordered by Magistrate Judge Paul Papak. (sm) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 4/24/2015, Entered: None Unknown Document Type
Complaint. to Vacate Arbitration Award Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4092385 Jury Trial Requested: No. Filed by Mercy Medical Center against Oregon Nurses Association (Attachments: # 1 Exhibit A - Opinion and Award, # 2 Civil Cover Sheet, # 3 Proposed Summons). (Kisch, Victor) (Entered: 04/24/2015)
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