Hammond v. Philip Morris USA Incorporated et al

Federal Civil Lawsuit Oregon District Court, Case No. 3:03-cv-00821-JE
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Parties
No Logo Cleon Hammond, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles S. Tauman +1 503 849 9281 +1 503 244 4260 ctauman@aol.com

Represented by Bennett Hartman Morris & Kaplan, LLP

Name Phone Fax E-Mail
Space Thomas K. Doyle +1 503 227 4600 +1 503 248 6800 doylet@bennetthartman.com
v.
Altria Group, Inc. Altria Group, Inc., Defendant

Represented by Harrang Long Gary Rudnick, PC

Name Phone Fax E-Mail
Space William F. Gary +1 541 485 0220 +1 541 686 6564 william.f.gary@harrang.com
Space Susan D. Marmaduke +1 503 242 0000 +1 503 241 1458 susan.marmaduke@harrang.com
Space Sharon A. Rudnick +1 541 485 0220 +1 541 686 6564 sharon.rudnick@harrang.com

Represented by O'Melveny & Myers LLP

Name Phone Fax E-Mail
Space Martin Glenn +1 212 326 2000 +1 212 326 2061 mglenn@omm.com
No Logo C&K Markets, Inc., Defendant

Represented by Harrang Long Gary Rudnick, PC

Name Phone Fax E-Mail
Space William F. Gary +1 541 485 0220 +1 541 686 6564 william.f.gary@harrang.com
Space Susan D. Marmaduke +1 503 242 0000 +1 503 241 1458 susan.marmaduke@harrang.com
Space Sharon A. Rudnick +1 541 485 0220 +1 541 686 6564 sharon.rudnick@harrang.com
Philip Morris USA, Inc. Philip Morris USA, Inc., Defendant
Officially listed as "Philip Morris USA Incorporated"

Represented by Harrang Long Gary Rudnick, PC

Name Phone Fax E-Mail
Space William F. Gary +1 541 485 0220 +1 541 686 6564 william.f.gary@harrang.com
Space Susan D. Marmaduke +1 503 242 0000 +1 503 241 1458 susan.marmaduke@harrang.com
Space Sharon A. Rudnick +1 541 485 0220 +1 541 686 6564 sharon.rudnick@harrang.com
No Logo WSCO Petroleum Corp., Defendant

Represented by Harrang Long Gary Rudnick, PC

Name Phone Fax E-Mail
Space William F. Gary +1 541 485 0220 +1 541 686 6564 william.f.gary@harrang.com
Space Susan D. Marmaduke +1 503 242 0000 +1 503 241 1458 susan.marmaduke@harrang.com
Space Sharon A. Rudnick +1 541 485 0220 +1 541 686 6564 sharon.rudnick@harrang.com
Attributes
Office Portland
Filed 6/19/2003
Jury Demand Both
Demand $5100000
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Product Liability
Jurisdiction Diversity
Disposition Transfer/Remand - Remanded to State Court
County Multnomah
Terminated 2/26/2004
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 0303-03211[Multnomah County Circuit Court]
Def Custody Status
Flags FRC, TERMINATED
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 46 Filed: 2/26/2004, Entered: 2/26/2004 Order on Findings and RecommendationCourt Filing
ORDER:Order Adopting Magistrate Judge Jelderk's Findings and Recommendation in its entirety. (Related Doc #[39]), Order Granting in part, Denying in part Plaintiff's Motion to Remand (Related Doc #[12]). The action shall be remanded to the Multnomah County Circuit Court for State of Oregon and plaintiff's request for an award of attorney fees is denied. Signed on 2/26/04 by Judge Ancer L.Haggerty. (md, )
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Blank 45 Filed: 1/12/2004, Entered: 1/12/2004 SchedulingCourt Filing
CIVIL MINUTES:Record of Order granting defendant PM USA's motion for leave to file memorandum of supplemental authorities by Judge Ancer L.Haggerty. (Related documents(s) [39], [12]) (md, )
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Legal Document (Payment Possibly Required) 44 Filed: 1/8/2004, Entered: 1/8/2004 Memorandum in Support
Memorandum in Support Memorandum of Supplemental Authorities. Filed by Philip Morris USA Incorporated. (Related document(s)[43]) (Marmaduke, Susan)
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Legal Document (Payment Possibly Required) 43 Filed: 1/8/2004, Entered: 1/8/2004, Terminated: 1/12/2004 Motion for Leave
Motion for Leave to File Supplemental Authorities. Filed by Philip Morris USA Incorporated. (Marmaduke, Susan)
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Blank 42 Filed: 11/20/2003, Entered: 11/20/2003 Findings & Recommendation ReferredCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Findings and Recommendation (Related documents(s) [39]) is referred to Judge Ancer L. Haggerty for review. Objections/Responses have both been filed. (gm)
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Legal Document (Payment Possibly Required) 41 Filed: 11/18/2003, Entered: 11/18/2003 Response to Objections to Findings & Recommendatio
Response to Objections to Findings & Recommendation. Filed by all defendants. (Related motion(s)[39]) (Marmaduke, Susan)
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Legal Document (Payment Possibly Required) 40 Filed: 11/3/2003, Entered: 11/3/2003 Objections to Findings & Recommendation
Objections to Findings & Recommendation Regarding Motion for Attorney Fees. Filed by Cleon Hammond. (Related motion(s)[39]) (Doyle, Thomas)
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Legal Document (Payment Possibly Required) 39 Filed: 10/16/2003, Entered: 10/16/2003, Terminated: 2/26/2004 Findings and RecommendationCourt Filing
Findings & Recommendation: Plaintiff's Motion to Remand (Related document(s)[12]) should be granted. Plaintiff's Motion for an Award of Fees and Costs (Related document(s)[12]) should be denied. Objections to the Findings and Recommendation due by 11/3/2003. Response to the objection to the Findings and Recommendation due by 11/17/2003. Signed on 10/16/03 by Judge John Jelderks.(gm)
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Blank 38 Filed: 9/16/2003, Entered: 9/17/2003 Motion HearingCourt Filing
CIVIL MINUTES:Record of Proceedings before Judge John Jelderks: Oral Argument held 9/16/03. Order: Plaintiff's Motion to Remand (Related documents(s) [12]) is taken under advisement as of 9/16/2003. Counsel Present for Plaintiff: Charles Tauman. Counsel Present for Defendant: Susan Marmaduke; William Gary; Martin Glenn. Tape No: 1703/1704. Court Reporter: Ilene TenBrook. (gm)
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Legal Document (Payment Possibly Required) 37 Filed: 9/16/2003, Entered: 9/16/2003 Memorandum
Memorandum Of Supplemental Points And Authorities. Filed by all defendants. (tomg, )
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Blank 36 Filed: 9/2/2003, Entered: 9/2/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Resetting Plaintiff's Motion to Remand to State Court (Related documents(s) [12]) from 10/6/2003 at 9:30AM to the Oral Argument Calendar of 9/16/2003 at 9:30AM in Courtroom 12-B. (gm)
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Legal Document (Payment Possibly Required) 35 Filed: 8/29/2003, Entered: 8/29/2003 Affidavit
Affidavit of Thomas K. Doyle. Filed by Cleon Hammond. (Attachments: # (1) Exhibit A - Williams# (2) Exhibit B Williams# (3) Exhibit D Schwarz Order# (4) Exhibit C Schwarz Motion# (5) Exhibit E Schwarz Signature Card# (6) Exhibit F Pearson Order)(Related document(s)[34]) (Doyle, Thomas)
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Legal Document (Payment Possibly Required) 34 Filed: 8/29/2003, Entered: 8/29/2003 reply to motion
Reply to Motion to Remand. Filed by Cleon Hammond. (Related motion(s)[12]) (Doyle, Thomas)
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Blank 33 Filed: 8/28/2003, Entered: 8/29/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Resetting Plaintiff's Motion to Remand to State Court (Related documents(s) [12]) from the Under Advisement Calendar of 9/2/2003 to the Oral Argument Calendar of 10/6/2003 at 09:30AM in Courtroom 12-B. (gm)
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Blank 32 Filed: 8/26/2003, Entered: 8/29/2003 Order on Motion for Extension of Time to File RespCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Granting Plaintiff's Unopposed Motion for Extension of Time to File Reply on Motion to Remand (Related documents(s) [27]) Reply to response to remand motion due by 8/29/2003. (gm)
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Legal Document (Payment Possibly Required) 31 Filed: 8/26/2003, Entered: 8/26/2003 Exhibits
Exhibits (B Through L) In Support Of Defendants' Brief In Opposition To Motion To Remand. Filed by all defendants. (Related document(s)[17]) (tomg, )
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Legal Document (Payment Possibly Required) 30 Filed: 8/26/2003, Entered: 8/26/2003 Exhibits
Exhibits (A-1 Through A-50) In Support Of Defendants' Brief In Opposition To Motion To Remand. Filed by all defendants. (Related document(s)[17]) (tomg, )
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Legal Document (Payment Possibly Required) 29 Filed: 8/26/2003, Entered: 8/26/2003 Affidavit
Affidavit of (filed as Authenticating Affidavit of Susan Marmaduke In Support of Brief In Opposition To Motion To Remand). Filed by Philip Morris USA Incorporated. (Related document(s)[17]) (tomg, )
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Legal Document (Payment Possibly Required) 28 Filed: 8/22/2003, Entered: 8/22/2003 Affidavit
Affidavit of Thomas K. Doyle. Filed by Cleon Hammond. (Related document(s)[27]) (Doyle, Thomas)
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Legal Document (Payment Possibly Required) 27 Filed: 8/22/2003, Entered: 8/22/2003, Terminated: 8/29/2003 Motion for Extension of Time to File Response/Repl
Unopposed Motion for Extension of Time to File a Response/Reply to Motion # [12].. Filed by Cleon Hammond. (Doyle, Thomas)
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Blank 26 Filed: 8/20/2003, Entered: 8/20/2003 Order on Motion - MiscellaneousCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Granting Defendants Philip Morris and Altria's unopposed Amended Motion for Leave to File Supplemental Memorandum in Support of Defendants' Brief in Opposition to Motion to Remand (Related Doc #[25]). (gm)
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Legal Document (Payment Possibly Required) 25 Filed: 8/19/2003, Entered: 8/19/2003, Terminated: 8/20/2003 Motion
Amended Motion for Leave to File Supplemental Memo in Support of Defendants' Brief in Opp to Motion to Remand. Filed by all defendants. (Rudnick, Sharon)
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Legal Document (Payment Possibly Required) 23 Filed: 8/19/2003, Entered: 8/19/2003 Memorandum in Support
Supplemental Memorandum in Support of Defendants' Brief in Opposition to Motion to Remand. Filed by all defendants. (Related document(s)[17]) (Marmaduke, Susan)
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Legal Document (Payment Possibly Required) 22 Filed: 8/19/2003, Entered: 8/19/2003, Terminated: 8/19/2003 Motion
Motion for Leave to File Supplemental Memo in Support of Defendants' Brief in Opp to Motion to Remand. Filed by all defendants. (Marmaduke, Susan)
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Blank 24 Filed: 8/18/2003, Entered: 8/19/2003 Order on motion to file excess pagesCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Granting Defendants' Stipulated Motion for Relief from Page Limit on Brief in Opposition to Remand (Related Doc #[16]). (gm)
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Blank 21 Filed: 8/14/2003, Entered: 8/18/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Striking the Telephone Conference of 8/14/2003 at 4:30PM as the parties have resolved the pending discovery issue. (gm)
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Blank 20 Filed: 8/13/2003, Entered: 8/13/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Resetting the Telephone Conference re: discovery issues from 4:00PM to 4:30PM on 8/14/2003 in Chambers. The Court will contact counsel. (gm)
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Blank 19 Filed: 8/12/2003, Entered: 8/12/2003 SchedulingCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Setting a Telephone Conference re: discovery issues for 8/14/2003 at 04:00PM in Chambers. The Court will contact counsel. (gm)
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Legal Document (Payment Possibly Required) 18 Filed: 8/8/2003, Entered: 8/11/2003 Certificate Of Service.
Certificate of Service. Filed by all defendants. (Related document(s)[17]) (tomg, )
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Legal Document (Payment Possibly Required) 17 Filed: 8/8/2003, Entered: 8/11/2003 Response to Motion
Response to Motion (filed as Defendants' Brief In Opposition To Motion To Remand) (Oral Argument Requested). Filed by all defendants. (Related motion(s)[12]) (tomg, )
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Legal Document (Payment Possibly Required) 16 Filed: 8/7/2003, Entered: 8/7/2003, Terminated: 8/19/2003 Motion to File Excess Pages
Stipulated Motion to File Excess Pages Motion for Relief from Page Limit on Brief in Opposition to Remand. Filed by all defendants. (Marmaduke, Susan)
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Blank 15 Filed: 7/22/2003, Entered: 7/23/2003 Order on Motion for Extension of TimeCourt Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Granting Defendants' Motion for Extension of Time to File Opposition to Motion to Remand (Related Doc #[14]) as follows: Response to remand motion due 8/8/2003. Reply to Response due 8/22/2003. Order: Setting Plaintiff's Motion to Remand to State Court (Related documents(s) [12]) on the under advisement calendar of 9/2/2003. (gm)
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Legal Document (Payment Possibly Required) 14 Filed: 7/18/2003, Entered: 7/18/2003, Terminated: 7/23/2003 Motion for Extension of Time
Motion for Extension of Time to File Opposition to Motion to Remand. Filed by all defendants. (Marmaduke, Susan)
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Legal Document (Payment Possibly Required) 13 Filed: 7/14/2003, Entered: 7/14/2003 Memorandum in Support
Memorandum in Support. Filed by all plaintiffs. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13) # (14) # (15) # (16) # (17) # (18) # (19) # (20))(Related document(s)[12]) (Tauman, Charles)
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Legal Document (Payment Possibly Required) 12 Filed: 7/14/2003, Entered: 7/14/2003, Terminated: 2/26/2004 Motion to Remand
Motion to Remand. Filed by all plaintiffs. (Tauman, Charles)
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Legal Document (Payment Possibly Required) 11 Filed: 6/30/2003, Entered: 6/30/2003 Order on Application for special admission pro hacCourt Filing
Order Granting Defendant Altria Group's Application for Special Admission Pro Hac Vice of Attorney Martin Glenn for Defendant Altria Group Inc. Receipt # 451161. Signed 6/30/03 by Judge John Jelderks. (gm)
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Blank 10 Filed: 6/27/2003, Entered: 6/27/2003 Order on motion for extension of time to answer a Court Filing
CIVIL MINUTES:Record of Order by Judge John Jelderks: Granting the Stipulated Motion for Order Extending Defendants' Time in Which to File Response to Complaint (Answer) (Related Doc #[8]) as follows: Defendants' answer will be due 14 days after this Court's final ruling on Plaintiff's anticipated remand motion. (gm)
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Blank 9 Filed: 6/27/2003, Entered: 6/27/2003 Administrative Correction of the Record
ADMINISTRATIVE CORRECTION OF THE RECORD: A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and notify all parties accordingly: The correct signed document file is attached to the Stipulated Motion for Order Extending Time to File Response to Complaint (Related documents(s) [8]). (gm)
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Legal Document (Payment Possibly Required) 8 Filed: 6/26/2003, Entered: 6/26/2003, Terminated: 6/27/2003 Motion for Extension of Time to Answer a Complaint
Stipulated Motion for Extension of Time to Answer. Filed by all defendants. (Marmaduke, Susan) Additional attachment(s) added on 6/27/2003 (gm, ).
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Legal Document (Payment Possibly Required) 7 Filed: 6/19/2003, Entered: 6/20/2003 Discovery Order
Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable John Jelderks. Discovery to be completed by 10/17/2003. Joint Alternate Dispute Resolution Report due by 11/17/2003. Pretrial Order due by 11/17/2003. (tomg, )
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Legal Document (Payment Possibly Required) 6 Filed: 6/19/2003, Entered: 6/20/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by WSCO Petroleum Corp.. (tomg, )
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Legal Document (Payment Possibly Required) 5 Filed: 6/19/2003, Entered: 6/20/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by C&K Markets, Inc.. (tomg, )
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Legal Document (Payment Possibly Required) 4 Filed: 6/19/2003, Entered: 6/20/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by Altria Group, Inc.. (tomg, )
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Legal Document (Payment Possibly Required) 3 Filed: 6/19/2003, Entered: 6/20/2003 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by Philip Morris USA Incorporated. (tomg, )
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Legal Document (Payment Possibly Required) 2 Filed: 6/19/2003, Entered: 6/20/2003 Notice
Notice To Adverse Party Of Removal To Federal Court. Filed by all defendants. (tomg, )
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Legal Document (Payment Possibly Required) 1 Filed: 6/19/2003, Entered: 6/20/2003 Notice of Removal
Notice of Removal (from Multnomah County Circuit Court - case number 0303-03211). Filing Fee collected. Receipt #: 451127 issued. Filed by Altria Group, Inc., C&K Markets, Inc., Philip Morris USA Incorporated, WSCO Petroleum Corp. against Altria Group, Inc., C&K Markets, Inc., Philip Morris USA Incorporated, WSCO Petroleum Corp.. (tomg, )
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