MINUTES of Proceedings: Settlement Conference. Case settles. The court retains jurisdiction to enforce the terms of the settlement agreement. The Clerk is ordered to enter a 60 day order of dismissal. Kieth Karnes present as counsel for plaintiffs. William Wheatley, Tom Spooner present as counsel for defendants. Court Reporter: Deb Wilhelm. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 05/27/2010)
Reply Memorandum in Support to Motion to Dismiss Rule 12 Motion 30 Oral Argument requested. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Wheatley, William) (Entered: 05/12/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Dismiss Rule 12 Motion 30 , Motion to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) 34 . Oral Argument is reset for 6/10/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 05/06/2010)
Memorandum in Support Rule 12(b)(1) and Rule 12(b)(6) Motions to Dismiss. Filed by Valley Process Services, Inc., Jason Williams. (Related document(s): Motion to Dismiss 34 .) (Spooner, Tom) (Entered: 04/30/2010)
Motion to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6). Oral Argument requested. Filed by Valley Process Services, Inc., Jason Williams. (Spooner, Tom) (Entered: 04/30/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Dismiss Rule 12 Motion 30 . Oral Argument is set for 6/2/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Rule 16 Conference set for 6/1/2010 is vacated if necessary after the Motion to Dismiss has been resolved. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 04/16/2010)
Memorandum in Support Rule 12 Motion. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Related document(s): Motion to Dismiss 30 .) (Wheatley, William) (Entered: 04/15/2010)
Motion to Dismiss Rule 12 Motion. ORAL ARGUMENT requested. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Wheatley, William) (Entered: 04/15/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is reset for 6/1/2010 at 10:15AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Settlement Conference is reset for 5/27/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a partys case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by 5:00 PM, 5/20/2010, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. (plb) (Entered: 04/13/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 4/27/2010 at 10:30AM in Eugene before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a partys case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by 5:00 PM, 4/20/2010, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Rule 16 Conference is reset for 5/4/2010 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c).Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 04/08/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference set for 4/9/2010 is vacated. The parties shall confer on a mutually agreeable date on which to reset the settlement conference and contact Paul Bruch, courtroom deputy to Judge Coffin, to schedule a date. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 03/31/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is reset for 4/13/2010 at 10:45AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 03/17/2010)
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 4/9/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a partys case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by 5:00PM, 4/2/2010, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT.Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 03/10/2010)
MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss 11 , Motion to Dismiss 7 , Scheduling Conference. Amended Complaint is due 3/17/2010. Motions 7 and 11 are Denied without prejudice to refile against the amended complaint. Rule 16 Conference is set for 3/23/2010 at 09:45AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Keith Karnes present as counsel for plaintiff. William Wheatley, Tom Spooner present as counsel for defendants. Court Reporter: Kristi Anderson. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 02/24/2010)
Memorandum in Opposition to Plaintiffs' Memorandum Regarding Subject Matter Jurisdiction. Filed by Valley Process Services, Inc., Jason Williams. (Spooner, Tom) (Entered: 02/01/2010)
Reply Memorandum in Support to Oral Motion to Dismiss Rule 12 11 Oral Argument requested. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Wheatley, William) (Entered: 01/19/2010)
MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss 7 . Time set for Motion Hearing regarding Motion to Dismiss 11 .Oral Argument on Motion to Dismiss 11 is reset for 2/24/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin.Regarding Motion to Dismiss 7 , Plaintiff's brief on supplemental jurisdiction is due by 1/22/2010. Defendant's response is due by 2/1/2010. Oral Argument is set for 2/24/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Keith Karnes present as counsel for plaintiff. Tom Spooner present as counsel for defendant. Court Reporter: Sarah Wilson. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 01/15/2010)
ORDER: Granting Motion for Extension of Time 15 to reply to the oral motion to dismiss rule 12 is granted pro nunc tunc to December 23, 2009. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/14/2010)
Memorandum in Support Reply In Support of Motion to Dismiss. Filed by Valley Process Services, Inc., Jason Williams. (Related document(s): Motion to Dismiss 7 .) (Spooner, Tom) (Entered: 12/18/2009)
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Oral Motion to Dismiss Rule 12 11 . Oral Argument is set for 1/15/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/10/2009)
Memorandum in Support of Rule 12 Motion to Dismiss. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Related document(s): Motion to Dismiss 11 .) (Wheatley, William) (Entered: 12/09/2009)
Oral Motion to Dismiss Rule 12. Oral Argument requested. Filed by Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Derrick E. McGavic. (Wheatley, William) (Entered: 12/09/2009)
Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Dismiss Pursuant to Rule 12(b)(6) 7 . Oral Argument is set for 1/15/2010 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/06/2009)
Memorandum in Support Rule 12(b)(6) Motion to Dismiss. Filed by Valley Process Services, Inc., Jason Williams. (Related document(s): Motion to Dismiss 7 .) (Spooner, Tom) (Entered: 11/24/2009)
Motion to Dismiss Pursuant to Rule 12(b)(6). Oral Argument requested. Filed by Valley Process Services, Inc., Jason Williams. (Spooner, Tom) (Entered: 11/24/2009)
Summons Returned Executed. as to Valley Process Services, Inc. served on 10/27/2009, answer due on 11/16/2009 Filed by all plaintiffs. (Karnes, Keith) (Entered: 11/05/2009)
Summons Returned Executed. as to Derrick E. McGavic served on 10/27/2009, answer due on 11/16/2009 Filed by all plaintiffs. (Karnes, Keith) (Entered: 11/05/2009)
Summons Returned Executed. as to Jason Williams served on 10/27/2009, answer due on 11/16/2009 Filed by all plaintiffs. (Karnes, Keith) (Entered: 11/05/2009)
Summons Returned Executed. as to Kristan K. Finney served on 10/27/2009, answer due on 11/16/2009 Filed by all plaintiffs. (Karnes, Keith) (Entered: 11/05/2009)
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Thomas M. Coffin. Discovery is to be completed by 2/8/2010. Joint Alternate Dispute Resolution Report is due by 3/8/2010. Pretrial Order is due by 3/8/2010. Ordered by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 10/13/2009)
Complaint. Filing Fee in amount of $350 collected. Receipt No. 600004813 issued.Summons issued as to Defendatns McGavic, Fudge, Finney, LVNV Funding, Valley Process Services and Williams. Jury Trial Requested: Yes.Filed by Edward Bernabe, Monica Martinez, Ruth Martinez, Gina Ott against Sarah E. Fudge, Kristan K. Finney, LVNV Funding, LLC, Valley Process Services, Inc., Jason Williams, Derrick E. McGavic. (ljb) (Entered: 10/13/2009)
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