Lemus v. Timberland Apartments, L.L.C.
Federal Civil Lawsuit Oregon District Court, Case No. 3:10-cv-01071-PK

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No Logo Polygon Northwest Company LLC, Counter-Claimant

Toggle Switch Represented by PREG O'DONNELL & GILLETT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
No Logo Timberland Apartments, L.L.C., Counter-Claimant

Toggle Switch Represented by PREG O'DONNELL & GILLETT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
No Logo W.R. Townhomes F, L.L.C., Counter-Claimant

Toggle Switch Represented by PREG O'DONNELL & GILLETT

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David M. Poore +1 206 287 1775 +1 206 287 9113 dpoore@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Alexander S Wylie +1 503 224 3650 +1 503 224 3649 awylie@pregodonnell.com
No Logo Jesus Lemus, Counter-Defendant

Toggle Switch Represented by Law Offices of D. Michael Dale

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Oregon Law Center

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 David R. Henretty +1 503 473 8684 +1 503 295 0676 dhenretty@oregonlawcenter.org
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 David R. Henretty +1 503 473 8684 +1 503 295 0676 dhenretty@oregonlawcenter.org
No Logo Salomon Solorio, Counter-Defendant

Toggle Switch Represented by Law Offices of D. Michael Dale

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Oregon Law Center

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 David R. Henretty +1 503 473 8684 +1 503 295 0676 dhenretty@oregonlawcenter.org
ATTORNEY TO BE NOTICED, TERMINATED: 03/14/2011 David R. Henretty +1 503 473 8684 +1 503 295 0676 dhenretty@oregonlawcenter.org

Toggle Switch Represented by Salomon Solorio

Name Phone Fax E-Mail
Space Salomon Solorio
Space Salomon Solorio
No Logo J.C. Builders, Inc., Cross Defendant
No Logo Olympic Framing, L.L.C., Cross Defendant
Citation Section 29 U.S.C. § 206
Nature of Suit 710 - Labor: Fair Labor Standards Act
  Entries (139) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 136 Filed: 8/10/2012, Entered: None Unknown Document Type
Stipulated Notice of Dismissal with Prejudice Filed by Jesus Lemus (Henretty, David) (Entered: 08/10/2012)
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    Legal Document (Payment Possibly Required) 135 Filed: 6/19/2012, Entered: None Unknown Document TypeCourt Filing
    ORDER. Based on the foregoing, I conclude the Magistrate Judge's Amended Findings and Recommendation (#128) in this action is ADOPTED, as MODIFIED above. Plaintiff's Motion for Attorney Fees (#102) is GRANTED IN PART and DENIED IN PART, and plaintiff is awarded $78,306.84 in attorney fees and $350 in taxable costs. Defendant's Motion for Attorney Fees (#107) is DENIED as to defendant Polygon Northwest, and is GRANTED IN PART as to WR Townhomes F, and WR Townhomes F is awarded $7,881.18 in attorney fees. IT IS SO ORDERED. Signed on 06/19/2012 by Judge Malcolm F. Marsh. (pvh) (Entered: 06/19/2012)
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      Legal Document (Payment Possibly Required) 134 Filed: 6/8/2012, Entered: None Unknown Document Type
      Response to Objections to Findings & Recommendation. Related document(s): 130 Objections to Findings & Recommendation, 131 Declaration. Filed by Timberland Apartments, L.L.C., W.R. Townhomes F, L.L.C.. (Poore, David) (Entered: 06/08/2012)
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        Legal Document (Payment Possibly Required) 133 Filed: 5/25/2012, Entered: None Unknown Document Type
        Declaration of David Henretty in Support of Plaintiff's Response to Objections to F&R. Filed by Jesus Lemus. (Related document(s): Objections to Findings & Recommendation, Response to Objections to Findings & Recommendation,, 132 .) (Attachments: # 1 Exhibit Exhibits A - B) (Henretty, David) (Entered: 05/25/2012)
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          Legal Document (Payment Possibly Required) 132 Filed: 5/25/2012, Entered: None Unknown Document Type
          Objections to Findings & Recommendation: Motion for Attorney Fees against Defendant Timberland Apartments LLC 102, Motion for Attorney Fees 107 should be granted in part and denied in part 128, Objections to Findings & Recommendation, 130, Response to Objections to Findings & Recommendation. Related document(s): 130 Objections to Findings & Recommendation,. Filed by Jesus Lemus. (Henretty, David) (Entered: 05/25/2012)
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            Legal Document (Payment Possibly Required) 131 Filed: 5/14/2012, Entered: None Unknown Document Type
            Declaration of David M. Poore . Filed by Timberland Apartments, L.L.C., W.R. Townhomes F, L.L.C.. (Related document(s): Objections to Findings & Recommendation, 130 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Poore, David) (Entered: 05/14/2012)
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              Legal Document (Payment Possibly Required) 130 Filed: 5/14/2012, Entered: None Unknown Document Type
              Objections to Findings & Recommendation: Motion for Attorney Fees against Defendant Timberland Apartments LLC 102, Motion for Attorney Fees 107 should be granted in part and denied in part 128 . Filed by Timberland Apartments, L.L.C., W.R. Townhomes F, L.L.C.. (Poore, David) (Entered: 05/14/2012)
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                Legal Document (Payment Possibly Required) 129 Filed: 4/26/2012, Entered: None Unknown Document TypeCourt Filing
                ORDER issued by Magistrate Judge Paul Papak: Amended Findings & Recommendation 128 is referred to Judge Malcolm F. Marsh 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: 04/26/2012)
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                  Legal Document (Payment Possibly Required) 128 Filed: 4/26/2012, Entered: None Unknown Document TypeCourt Filing
                  Amended Findings & Recommendation: Lemus' motion for attorney fees and costs 102 should be granted in part and denied in part, and Lemus should be awarded $78,306.84 in attorney fees and $350 in taxable costs. Defendants' motion for attorney fees 107 should be denied as to defendant Polygon Northwest and granted in part as to WR Townhomes F, which should be awarded $5,250.09 in attorney fees. Signed on 4/26/12 by Magistrate Judge Paul Papak. (gm) (Entered: 04/26/2012)
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                    Legal Document (Payment Possibly Required) 127 Filed: 4/24/2012, Entered: None Unknown Document TypeCourt Filing
                    ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 126 is referred to Judge Malcolm F. Marsh 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: 04/24/2012)
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                      Legal Document (Payment Possibly Required) 126 Filed: 4/24/2012, Entered: None Unknown Document TypeCourt Filing
                      Findings & Recommendation: Lemus' motion for attorney fees and costs 102 should be granted in part and denied in part, and Lemus should be awarded $77,766.84 in attorney fees and $350 in taxable costs. Defendants' motion for attorney fees 107 should be denied as to defendant Polygon NOl1hwest and granted in part as to WR Townhomes F, which should be awarded $5,250.09 in attorney fees. Signed on 4/24/12 by Magistrate Judge Paul Papak. (gm) (Entered: 04/24/2012)
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                        Legal Document (Payment Possibly Required) 125 Filed: 3/20/2012, Entered: None Unknown Document TypeCourt Filing
                        MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 3/20/12. Order: Plaintiff's Motion for Attorney Fees and Costs 102 and Defendant W.R. Townhomes and Polygon's Motion for Attorney Fees 107 are taken under advisement as of 3/20/2012. D. Michael Dale; David Henretty present as counsel for plaintiff(s). David Poore present as counsel for defendant(s). Court Reporter: Jill Erwin. (gm) (Entered: 03/20/2012)
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                          Legal Document (Payment Possibly Required) 124 Filed: 3/7/2012, Entered: None Unknown Document Type
                          Declaration of D. Michael Dale in Support of Plaintiff's Reply to Motion for Attorney Fees. Filed by Jesus Lemus. (Related document(s): Reply to Motion 122 .) (Henretty, David) (Entered: 03/07/2012)
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                            Legal Document (Payment Possibly Required) 123 Filed: 3/7/2012, Entered: None Unknown Document Type
                            Declaration of David Henretty in Support of Plaintiff's Reply to Motion for Attorney Fees. Filed by Jesus Lemus. (Related document(s): Reply to Motion 122 .) (Henretty, David) (Entered: 03/07/2012)
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                              Legal Document (Payment Possibly Required) 122 Filed: 3/7/2012, Entered: None Unknown Document Type
                              Reply to Motion for Attorney Fees against Defendant Timberland Apartments LLC 102 . Filed by Jesus Lemus. (Henretty, David) (Entered: 03/07/2012)
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                                Legal Document (Payment Possibly Required) 121 Filed: 3/5/2012, Entered: None Unknown Document Type
                                Certificate of Service by Polygon Northwest Company LLC, W.R. Townhomes F, L.L.C. of Reply to Motion 118, Declaration 119, Declaration 120 Filed by Polygon Northwest Company LLC, W.R. Townhomes F, L.L.C.. (Poore, David) (Entered: 03/05/2012)
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                                  Legal Document (Payment Possibly Required) 120 Filed: 3/5/2012, Entered: None Unknown Document Type
                                  Declaration of AMBER GUNDLACH . Filed by Polygon Northwest Company LLC, W.R. Townhomes F, L.L.C.. (Related document(s): Reply to Motion 118 .) (Attachments: # 1 Exhibit A) (Poore, David) (Entered: 03/05/2012)
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                                    Legal Document (Payment Possibly Required) 119 Filed: 3/5/2012, Entered: None Unknown Document Type
                                    Declaration of DAVID M. POORE . Filed by Polygon Northwest Company LLC, W.R. Townhomes F, L.L.C.. (Related document(s): Reply to Motion 118 .) (Attachments: # 1 Exhibit A) (Poore, David) (Entered: 03/05/2012)
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                                      Legal Document (Payment Possibly Required) 118 Filed: 3/5/2012, Entered: None Unknown Document Type
                                      Reply to Motion for Attorney Fees 107 . Filed by Polygon Northwest Company LLC, W.R. Townhomes F, L.L.C.. (Poore, David) (Entered: 03/05/2012)
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                                        Legal Document (Payment Possibly Required) 117 Filed: 2/21/2012, Entered: None Unknown Document Type
                                        Certificate of Service by Timberland Apartments, L.L.C. of Response in Opposition to Motion 115, Declaration 116 Filed by Timberland Apartments, L.L.C.. (Poore, David) (Entered: 02/21/2012)
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                                          Legal Document (Payment Possibly Required) 116 Filed: 2/21/2012, Entered: None Unknown Document Type
                                          Declaration of DAVID M. POORE . Filed by Timberland Apartments, L.L.C.. (Related document(s): Response in Opposition to Motion 115 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Poore, David) (Entered: 02/21/2012)
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                                            Legal Document (Payment Possibly Required) 115 Filed: 2/21/2012, Entered: None Unknown Document Type
                                            Response in Opposition to Motion for Attorney Fees against Defendant Timberland Apartments LLC 102 . Filed by Timberland Apartments, L.L.C.. (Poore, David) (Entered: 02/21/2012)
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                                              Legal Document (Payment Possibly Required) 114 Filed: 2/15/2012, Entered: None Unknown Document Type
                                              Declaration of David Henretty in Support of Plaintiff's Objections to Defendants' Motion for Fees. Filed by Jesus Lemus. (Related document(s): Response to Motion 113 .) (Attachments: # 1 Exhibit Exhibits 1-4) (Henretty, David) (Entered: 02/15/2012)
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                                                Legal Document (Payment Possibly Required) 113 Filed: 2/15/2012, Entered: None Unknown Document Type
                                                Response to Motion for Attorney Fees 107 . Filed by Jesus Lemus. (Henretty, David) (Entered: 02/15/2012)
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                                                  Legal Document (Payment Possibly Required) 112 Filed: 2/6/2012, Entered: None Unknown Document TypeCourt Filing
                                                  ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Attorney Fees and Costs 102 and Defendants W.R. Townhomes and Polygon's Motion for Attorney Fees 107 on the Oral Argument Calendar of 3/20/2012 at 1:30PM in Courtroom 10-B. (gm) (Entered: 02/07/2012)
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                                                    Legal Document (Payment Possibly Required) 111 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                    Certificate of Service by W.R. Townhomes F, L..L.C. of Declaration 109, Memorandum in Support of Motion 108, Declaration, 110, Motion for Attorney Fees 107 Filed by W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 02/03/2012)
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                                                      Legal Document (Payment Possibly Required) 110 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                      Declaration of David M. Poore . Filed by W.R. Townhomes F, L..L.C.. (Related document(s): Memorandum in Support of Motion 108, Motion for Attorney Fees 107 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Poore, David) (Entered: 02/03/2012)
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                                                        Legal Document (Payment Possibly Required) 109 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                        Declaration of Karen Erickson . Filed by W.R. Townhomes F, L..L.C.. (Related document(s): Memorandum in Support of Motion 108, Motion for Attorney Fees 107 .) (Poore, David) (Entered: 02/03/2012)
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                                                          Legal Document (Payment Possibly Required) 108 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                          Memorandum in Support . Filed by W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Attorney Fees 107 .) (Poore, David) (Entered: 02/03/2012)
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                                                            Legal Document (Payment Possibly Required) 107 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                            Motion for Attorney Fees . Oral Argument Requested requested. Filed by W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 02/03/2012)
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                                                              Legal Document (Payment Possibly Required) 106 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                              Declaration of D. Michael Dale ISO Application for Attorneys' Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 102 .) (Dale, D.) (Entered: 02/03/2012)
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                                                                Legal Document (Payment Possibly Required) 105 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                                Declaration of Arthur Schmidt in Support of Plaintiff's Motion for Attorney Fees. Filed by Jesus Lemus. (Related document(s): Motion for Attorney Fees 102 .) (Henretty, David) (Entered: 02/03/2012)
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                                                                  Legal Document (Payment Possibly Required) 104 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                                  Declaration of David Henretty in Support of Plaintiff's Motion for Attorney Fees. Filed by Jesus Lemus. (Related document(s): Motion for Attorney Fees 102 .) (Attachments: # 1 Exhibits 1-5) (Henretty, David) Modified text on 2/6/2012 (sss). (Entered: 02/03/2012)
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                                                                    Legal Document (Payment Possibly Required) 103 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                                    Memorandum in Support of Plaintiff's Motion for Attorney Fees. Filed by Jesus Lemus. (Related document(s): Motion for Attorney Fees 102 .) (Henretty, David) (Entered: 02/03/2012)
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                                                                      Legal Document (Payment Possibly Required) 102 Filed: 2/3/2012, Entered: None Unknown Document Type
                                                                      Motion for Attorney Fees against Defendant Timberland Apartments LLC. Oral Argument requested. Filed by Jesus Lemus. (Henretty, David) (Entered: 02/03/2012)
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                                                                        Legal Document (Payment Possibly Required) 101 Filed: 1/20/2012, Entered: None Unknown Document TypeCourt Filing
                                                                        JUDGMENT: Based on the Record and Order filed herewith, IT IS ORDERED AND ADJUDGED that defendant Polygon Northwest Company L.L.C. is DISMISSED without prejudice, and defendant WR Townhomes F is DISMISSED with prejudice. JUDGMENT is entered in plaintiff's favor against defendant Timberland Apartments L.L.C. in the amount of $900.60. Signed on January 20th, 2012 by Judge Malcolm F. Marsh. (eo) (Entered: 01/20/2012)
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                                                                          Legal Document (Payment Possibly Required) 100 Filed: 1/20/2012, Entered: None Unknown Document TypeCourt Filing
                                                                          ORDER: I ADOPT Magistrate Judge Papak's Finding and Recommendation (# 98 ) in its entirety. IT IS ORDERED that plaintiff's Motion for Leave to File an Amended Complaint (# 59 ) is GRANTED to remove Polygon Northwest as a defendant, but is otherwise DENIED. IT IS ORDERED that plaintiff's Motion for Partial Summary Judgment (# 62 ) is GRANTED as to Timberland Apartments, L.L.C, but DENIED as to defendant WR Townhomes F, L.L.C. IT IS ORDERED that defendants' Motion for Summary Judgment (# 67 ) is GRANTED as to WR Townhomes F, L.L.C, but DENIED as to Timberland Apartments, L.L.C. IT IS FURTHER ORDERED that JUDGMENT is entered dismissing defendant Polygon Northwest Company L.L.C. without prejudice, and dismissing defendant WR Townhomes F with prejudice. JUDGMENT is entered in plaintiff's favor against Timberland Apartments L.L.C. in the amount of $900.60. Signed on January 20th, 2012 by Judge Malcolm F. Marsh. (eo) (Entered: 01/20/2012)
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                                                                            Legal Document (Payment Possibly Required) 99 Filed: 12/21/2011, Entered: None Unknown Document TypeCourt Filing
                                                                            ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 98 is referred to Judge Malcolm F. Marsh 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: 12/21/2011)
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                                                                              Legal Document (Payment Possibly Required) 98 Filed: 12/21/2011, Entered: None Unknown Document TypeCourt Filing
                                                                              Findings & Recommendation: Lemus' Motion to Amend 59 should be granted as to its removal of Polygon Northwest as a defendant but otherwise denied. Lemus' Motion for Partial Summary Judgment 62 should be granted as to defendant Timberland Apartments, but denied as to WR Townhomes F. Defendants' Motion for Summary Judgment 67 should be granted as to WR Townhomes F but denied as to Timberland Apartments. Judgment should be entered dismissing Polygon Northwest as a defendant without prejudice and dismissing WR Townhomes F as a defendant with prejudice. Additionally, judgment should be entered in favor of plaintiff against Timberland Apartments in the amount of $900.60. Signed on 12/21/11 by Magistrate Judge Paul Papak. (gm) (Entered: 12/21/2011)
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                                                                                Legal Document (Payment Possibly Required) 97 Filed: 11/22/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 11/22/11. Order: Plaintiff's Motion for Leave to File Second Amended Complaint 59, Plaintiff's Motion for Partial Summary Judgment 62 and Defendants Timberland, W.R. Townhomes and Polygon's Motion for Summary Judgment 67 are taken under advisement as of 11/22/2011. David Henretty; D. Michael Dale present as counsel for plaintiff(s). David Poore present as counsel for defendant(s). Court Reporter: Jill Erwin. (gm) (Entered: 11/22/2011)
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                                                                                  Legal Document (Payment Possibly Required) 96 Filed: 11/10/2011, Entered: None Unknown Document Type
                                                                                  Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Reply to Motion 93 Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 11/10/2011)
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                                                                                    Legal Document (Payment Possibly Required) 95 Filed: 11/10/2011, Entered: None Unknown Document Type
                                                                                    Declaration of Karen Erickson In Support of Defendants' Reply. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Reply to Motion 93 .) (Poore, David) (Entered: 11/10/2011)
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                                                                                      Legal Document (Payment Possibly Required) 94 Filed: 11/10/2011, Entered: None Unknown Document Type
                                                                                      Declaration of David M. Poore In Support of Defendants' Reply. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Reply to Motion 93 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Poore, David) (Entered: 11/10/2011)
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                                                                                        Legal Document (Payment Possibly Required) 93 Filed: 11/10/2011, Entered: None Unknown Document Type
                                                                                        Reply To Plaintiff's Opposition to Motion for Summary Judgment 67 OA requested. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 11/10/2011)
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                                                                                          Legal Document (Payment Possibly Required) 92 Filed: 11/7/2011, Entered: None Unknown Document Type
                                                                                          Declaration of David Henretty in Support of Plaintiff's Reply to Motion for Partial Summary Judgment. Filed by Jesus Lemus. (Related document(s): Reply to Motion 91 .) (Attachments: # 1 Exhibit Exhibits 1-10) (Henretty, David) (Entered: 11/07/2011)
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                                                                                            Legal Document (Payment Possibly Required) 91 Filed: 11/7/2011, Entered: None Unknown Document Type
                                                                                            Reply to Motion for Partial Summary Judgment 62 . Filed by Jesus Lemus. (Henretty, David) (Entered: 11/07/2011)
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                                                                                              Legal Document (Payment Possibly Required) 90 Filed: 10/31/2011, Entered: None Unknown Document Type
                                                                                              Declaration of David Henretty in Support of Plaintiff's Reply to Defendants' Opposition to Motion for Leave to Amend. Filed by Jesus Lemus. (Related document(s): Reply to Motion 89 .) (Attachments: # 1 Exhibit Exhibits 1-6) (Henretty, David) (Entered: 10/31/2011)
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                                                                                                Legal Document (Payment Possibly Required) 89 Filed: 10/31/2011, Entered: None Unknown Document Type
                                                                                                Reply to Motion for Leave to File Amended Complaint/Petition 59 . Filed by Jesus Lemus. (Henretty, David) (Entered: 10/31/2011)
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                                                                                                  Legal Document (Payment Possibly Required) 88 Filed: 10/24/2011, Entered: None Unknown Document Type
                                                                                                  Declaration of Pierre Chatelain in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment. Filed by Jesus Lemus. (Related document(s): Response in Opposition to Motion 85 .) (Henretty, David) (Entered: 10/24/2011)
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                                                                                                    Legal Document (Payment Possibly Required) 87 Filed: 10/24/2011, Entered: None Unknown Document Type
                                                                                                    Declaration of Jesus Lemus in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment. Filed by Jesus Lemus. (Related document(s): Response in Opposition to Motion 85 .) (Henretty, David) (Entered: 10/24/2011)
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                                                                                                      Legal Document (Payment Possibly Required) 86 Filed: 10/24/2011, Entered: None Unknown Document Type
                                                                                                      Declaration of David Henretty in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment. Filed by Jesus Lemus. (Related document(s): Response in Opposition to Motion 85 .) (Attachments: # 1 Exhibit Exhibits 1-7, # 2 Exhibit Exhibit 8) (Henretty, David) (Entered: 10/24/2011)
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                                                                                                        Legal Document (Payment Possibly Required) 85 Filed: 10/24/2011, Entered: None Unknown Document Type
                                                                                                        Response in Opposition to Motion for Summary Judgment 67 . Filed by Jesus Lemus. (Henretty, David) (Entered: 10/24/2011)
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                                                                                                          Legal Document (Payment Possibly Required) 84 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                          Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Response in Opposition to Motion 79 Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 10/21/2011)
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                                                                                                            Legal Document (Payment Possibly Required) 83 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                            Declaration of Thomas C. Landschulz . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Response in Opposition to Motion 79 .) (Poore, David) (Entered: 10/21/2011)
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                                                                                                              Legal Document (Payment Possibly Required) 82 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                              Declaration of Karen Erickson . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Response in Opposition to Motion 79 .) (Poore, David) (Entered: 10/21/2011)
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                                                                                                                Legal Document (Payment Possibly Required) 81 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                                Declaration of Kristian Ingebrigtsen . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Response in Opposition to Motion 79 .) (Poore, David) (Entered: 10/21/2011)
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                                                                                                                  Legal Document (Payment Possibly Required) 80 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                                  Declaration of David M. Poore . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Response in Opposition to Motion 79 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Poore, David) (Entered: 10/21/2011)
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                                                                                                                    Legal Document (Payment Possibly Required) 79 Filed: 10/21/2011, Entered: None Unknown Document Type
                                                                                                                    Response in Opposition to Motion for Partial Summary Judgment 62 . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 10/21/2011)
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                                                                                                                      Legal Document (Payment Possibly Required) 78 Filed: 10/20/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                      ORDER issued by Magistrate Judge Paul Papak: Resetting Plaintiff's Motion for Leave to File Second Amended Complaint 59, Plaintiff's Motion for Partial Summary Judgment 62 and Defendants Timberland, W.R. Townhomes and Polygon's Motion for Summary Judgment 67 from 11/16/2011 at 10:00AM to the Oral Argument Calendar of 11/22/2011 at 10:00AM in Courtroom 10-B. (gm) (Entered: 10/20/2011)
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                                                                                                                        Legal Document (Payment Possibly Required) 77 Filed: 10/14/2011, Entered: None Unknown Document Type
                                                                                                                        Response in Opposition to Motion for Leave to File Amended Complaint/Petition 59 . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Attachments: # 1 Attachment Declaration of Thomas C. Landschulz, # 2 Attachment Declaration of Service) (Poore, David) (Entered: 10/14/2011)
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                                                                                                                          Legal Document (Payment Possibly Required) 76 Filed: 10/3/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                          ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Leave to File Second Amended Complaint 59, Plaintiff's Motion for Partial Summary Judgment 62, and Defendants Timberland, W.R. Townhomes and Polygon's Motion for Summary Judgment 67 on the Oral Argument Calendar of 11/16/2011 at 10:00AM in Courtroom 10-B. (gm) (Entered: 10/03/2011)
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                                                                                                                            Legal Document (Payment Possibly Required) 75 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                            Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Motion for Summary Judgment 67 Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 09/30/2011)
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                                                                                                                              Legal Document (Payment Possibly Required) 74 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                              Declaration of Chad Mapes . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                Legal Document (Payment Possibly Required) 73 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                Declaration of Kristian Ingebrigtsen . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                  Legal Document (Payment Possibly Required) 72 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                  Declaration of Gordon Ballantyne . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                    Legal Document (Payment Possibly Required) 71 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                    Declaration of Chris Landscultz . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                      Legal Document (Payment Possibly Required) 70 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                      Declaration of Karen Erickson . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                        Legal Document (Payment Possibly Required) 69 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                        Declaration of David M. Poore . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                          Legal Document (Payment Possibly Required) 68 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                          Memorandum in Support . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for Summary Judgment 67 .) (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                            Legal Document (Payment Possibly Required) 67 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                            Motion for Summary Judgment . ORAL ARGUMENT requested. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 09/30/2011)
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                                                                                                                                              Legal Document (Payment Possibly Required) 66 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                              Declaration of David Henretty filed in support of Plaintiff's Motion for Partial Summary Judgment. Filed by Jesus Lemus. (Related document(s): Motion for Partial Summary Judgment 62 .) (Attachments: # 1 Exhibit) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                Legal Document (Payment Possibly Required) 65 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                Declaration of Pierre Chatelain filed in support of Plaintiff's Motion for Partial Summary Judgment. Filed by Jesus Lemus. (Related document(s): Motion for Partial Summary Judgment 62 .) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 64 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                  Declaration of Jesus Lemus filed in support of Plaintiff's Motion for Partial Summary Judgment. Filed by Jesus Lemus. (Related document(s): Motion for Partial Summary Judgment 62 .) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 63 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                    Plaintiff's Memorandum in Support of Motion for Partial Summary Judgment. Filed by Jesus Lemus. (Related document(s): Motion for Partial Summary Judgment 62 .) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 62 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                      Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jesus Lemus. (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 61 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                        Declaration of David Henretty in Support of Plaintiff's Motion for Leave to File Second Amended Complaint. Filed by Jesus Lemus. (Related document(s): Motion for Leave to File Amended Complaint/Petition 59 .) (Attachments: # 1 Exhibit) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 60 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                          Plaintiff's Memorandum in Support of Motion for Leave to File Second Amended Complaint. Filed by Jesus Lemus. (Related document(s): Motion for Leave to File Amended Complaint/Petition 59 .) (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 59 Filed: 9/30/2011, Entered: None Unknown Document Type
                                                                                                                                                            Motion for Leave to File Amended Complaint/Petition . Filed by Jesus Lemus. (Henretty, David) (Entered: 09/30/2011)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 58 Filed: 9/27/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                              ORDER issued by Magistrate Judge Paul Papak: Granting Cross-Claimants' Motion for Entry of Default as to Cross-Defendants JC Builders Inc. and Olympic Framing LLC (only) 51 . Order: Granting Plaintiff's Unopposed Motion for Extension of Time 56 as follows: Pretrial Order deadline reset to 11/14/2011 or until 45 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 09/29/2011)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 57 Filed: 9/27/2011, Entered: None Unknown Document Type
                                                                                                                                                                Declaration of David Henretty IN SUPPORT OF PLAINTIFFS UNOPPOSED MOTION TO EXTEND DEADLINE TO LODGE PRETRIAL ORDER. Filed by Jesus Lemus. (Related document(s): Motion for Extension of Time 56 .) (Henretty, David) (Entered: 09/27/2011)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 56 Filed: 9/27/2011, Entered: None Unknown Document Type
                                                                                                                                                                  Unopposed Motion for Extension of Time to Lodge Pretrial Order. Filed by Jesus Lemus. (Henretty, David) (Entered: 09/27/2011)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 55 Filed: 9/27/2011, Entered: None Unknown Document Type
                                                                                                                                                                    Notice OF DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST DEFENDANTS J.C. BUILDERS,INC. AND OLYMPIC FRAMING L.L.C. Filed by Jesus Lemus (Henretty, David) (Entered: 09/27/2011)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 54 Filed: 9/23/2011, Entered: None Unknown Document Type
                                                                                                                                                                      Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Declaration, 53, Motion for Entry of Default Against Defendants JC Builders, Inc. and Olympic Framing, LLC 51, Memorandum in Support of Motion 52 Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 09/23/2011)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 53 Filed: 9/23/2011, Entered: None Unknown Document Type
                                                                                                                                                                        Declaration of David M. Poore In Support of Motion for Default. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for default 51, Memorandum in Support of Motion 52 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Poore, David) (Entered: 09/23/2011)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 52 Filed: 9/23/2011, Entered: None Unknown Document Type
                                                                                                                                                                          Memorandum in Support of Motion for Default. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion for default 51 .) (Poore, David) (Entered: 09/23/2011)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 51 Filed: 9/23/2011, Entered: None Unknown Document Type
                                                                                                                                                                            Motion for Entry of Default Against Defendants JC Builders, Inc. and Olympic Framing, LLC. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 09/23/2011)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 50 Filed: 8/25/2011, Entered: None Unknown Document Type
                                                                                                                                                                              Joint ADR Report . Filed by Jesus Lemus.(Henretty, David) (Entered: 08/25/2011)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 49 Filed: 8/25/2011, Entered: None Unknown Document Type
                                                                                                                                                                                Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Declaration, 48 Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 08/25/2011)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 48 Filed: 8/25/2011, Entered: None Unknown Document Type
                                                                                                                                                                                  Declaration of David Poore Stating That ORS 63.121(3) Has Been Complied With. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Answer to Amended Complaint, Crossclaim, Counterclaim,,, 14 .) (Attachments: # 1 Exhibit A) (Poore, David) (Entered: 08/25/2011)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 47 Filed: 8/25/2011, Entered: None Unknown Document Type
                                                                                                                                                                                    Certificate of Service by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. of Answer to Amended Complaint, Crossclaim, Counterclaim,,, 14 (Attachments: # 1 Attachment Attachment 1) Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 08/25/2011)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 46 Filed: 8/5/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                      ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Fourth Motion for Extension of Time 42 as follows and as modified: Discovery is to be completed by 8/31/2011. Joint Alternate Dispute Resolution Report is due by 8/31/2011. Dispositive Motions are due by 9/30/2011. Pretrial Order is due by 10/31/2011 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 08/05/2011)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 45 Filed: 8/4/2011, Entered: None Unknown Document Type
                                                                                                                                                                                        Declaration of David M. Poore in Opposition to Plaintiff's Fourth Motion to Extend Discovery, ADR Report, and Pretrial Deadlines. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Response in Opposition to Motion, 44 .) (Poore, David) (Entered: 08/04/2011)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 44 Filed: 8/4/2011, Entered: None Unknown Document Type
                                                                                                                                                                                          Response in Opposition of Timberland Apartments, WR Townhomes F and Polygon Northwest to Fourth Motion for Extension of Discovery & PTO Deadlines 42 . Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 08/04/2011)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 43 Filed: 7/29/2011, Entered: None Unknown Document Type
                                                                                                                                                                                            Declaration of David Henretty in support of plaintiff's fourth motion to extend discovery and PTO deadlines. Filed by Jesus Lemus. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 42 .) (Henretty, David) (Entered: 07/29/2011)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 42 Filed: 7/29/2011, Entered: None Unknown Document Type
                                                                                                                                                                                              Fourth Motion for Extension of Discovery & PTO Deadlines . Filed by Jesus Lemus. (Henretty, David) (Entered: 07/29/2011)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 41 Filed: 7/1/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                Clerk's Notice of Mailing to Salomon Solorio regarding Judgment (Claims of Salomon Solorio only 40, Order on Motion to Dismiss and Order on Findings & Recommendation,, 39 . (ecp) (Entered: 07/01/2011)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 40 Filed: 7/1/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                  Judgment (Claims of Salomon Solorio only) Signed on 7/1/2011 by Judge Malcolm F. Marsh. (ecp) (Entered: 07/01/2011)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 39 Filed: 7/1/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                    ORDER: I ADOPT Magistrate Judge Papaks Findings and Recommendation 33 . Timberland Apartments, L.L.C., W.R. Townhomes F, L.L.C., and Polygon Northwest Company, L.L.C.s motion to dismiss Salomon Solorios claims for failure to prosecute 29 are GRANTED. Solorios claims against all defendants are DISMISSED. Signed on 7/1/2011 by Judge Malcolm F. Marsh. (See formal Order, 2-pages) (ecp) (Entered: 07/01/2011)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 38 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                      Notice of Unavailability of Counsel Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. (Poore, David) (Entered: 06/10/2011)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 37 Filed: 5/31/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                        ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' unopposed Third Motion for Extension of Time 35 as follows: Discovery is to be completed by 8/1/2011. Joint Alternate Dispute Resolution Report is due by 8/1/2011. Dispositive Motions are due by 8/31/2011. Pretrial Order is due by 9/30/2011 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 06/01/2011)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 36 Filed: 5/27/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                          Declaration of David Henretty in Support of Plaintiff Lemus' Third Motion to Extend Discovery, ADR Report, and Pretrial Deadlines. Filed by Jesus Lemus. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 35 .) (Henretty, David) (Entered: 05/27/2011)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 35 Filed: 5/27/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                            Third Motion for Extension of Discovery & PTO Deadlines. Filed by Jesus Lemus. (Henretty, David) (Entered: 05/27/2011)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 34 Filed: 5/23/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                              ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 33 is referred to Judge Malcolm F. Marsh 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: 05/23/2011)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 33 Filed: 5/23/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                Findings & Recommendation: Defendants Timberland Apartments, L.L.C., W.R. Townhomes F, L.L.C., and Polygon Northwest Company, L.L.C.'s Motion to Dismiss Salomon Solorio's Claims for Failure to Prosecute 29 should be granted. Solorio's claims against all defendants should be dismissed and a judgment should be entered. Signed on 5/23/11 by Magistrate Judge Paul Papak. (gm) (Entered: 05/23/2011)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 32 Filed: 3/31/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                  ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Second Motion for Extension of Time 27 as follows: Discovery is to be completed by 5/31/2011. Joint Alternate Dispute Resolution Report is due by 5/31/2011. Dispositive Motions are due by 7/1/2011. Pretrial Order is due by 8/1/2011 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 04/04/2011)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 31 Filed: 3/31/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                    ORDER issued by Magistrate Judge Paul Papak: Setting Defendants Timberland Apartments, W.R. Townhomes and Polygon Northwest's Motion to Dismiss Plaintiff Salomon Solorio's Claims for Failure to Prosecute and Failure to Comply with Discovery Obligations 29 on the under advisement calendar of 5/9/2011. (gm) (Entered: 04/04/2011)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 30 Filed: 3/31/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                      Declaration of David M. Poore in Support of Motion to Dismiss for Failure to Prosecute and Failure to Comply with Discovery Obligations. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Related document(s): Motion to Dismiss 29 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Poore, David) (Entered: 03/31/2011)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 29 Filed: 3/31/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                        Motion to Dismiss Salomon Solorio's Claims for Failure to Prosecute and Failure to Comply with Discovery Obligations. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 03/31/2011)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 28 Filed: 3/30/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                          Declaration of David Henretty in Support of Plaintiff Lemus' Unopposed Motion to Extend Discovery, ADR Report, and Pretrial Deadlines. Filed by Jesus Lemus. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 27 .) (Henretty, David) (Entered: 03/30/2011)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 27 Filed: 3/30/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                            Motion for Extension of Discovery & PTO Deadlines. Filed by Jesus Lemus. (Henretty, David) (Entered: 03/30/2011)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 26 Filed: 3/14/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                              ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff Salomon Solorio's Motion for Leave to Withdraw Attorneys David Henretty, D. Michael Dale and Spencer Neal as Counsel of Record 24 . Plaintiff Salomon Solorio will proceed pro se and all future mailings will be sent to his last known address of: 610 116th St. S., Tacoma, Washington, 98444. (gm) (Entered: 03/14/2011)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 25 Filed: 3/10/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                Declaration of David Henretty In Support of Motion To Withdraw As Counsel for Plaintiff Salomon Solorio. Filed by All Plaintiffs. (Related document(s): Motion for Leave 24 .) (Henretty, David) (Entered: 03/10/2011)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 24 Filed: 3/10/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                  Motion for Leave To Withdraw As Counsel for Plaintiff Salomon Solorio. Filed by All Plaintiffs. (Henretty, David) Modified on 3/10/2011 (ecp). (Entered: 03/10/2011)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 23 Filed: 2/28/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                    Notice of Unavailability of Counsel Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. (Poore, David) (Entered: 02/28/2011)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 22 Filed: 1/6/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                      Certificate of Service by Jesus Lemus of Acknowledgment of Service 20 on defendant JC Builders through the Secretary of State, and Declaration with attachments 21 Filed by Jesus Lemus. (Henretty, David) (Entered: 01/06/2011)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 21 Filed: 1/6/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                        Declaration of David Henretty STATING THAT ORS 63.121(3) HAS BEEN COMPLIED WITH. Filed by All Plaintiffs. (Related document(s): Acknowledgment of Service 20 .) (Attachments: # 1 Attachment Certified mail return receipt, # 2 Attachment Certified mail receipt and undeliverable envelope (front)) (Henretty, David) (Entered: 01/06/2011)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 20 Filed: 1/6/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                          Acknowledgement of Service on J.C. Builders, Inc. served on 12/27/2010 through Secretary of State as agent for JC Builders Filed by All Plaintiffs. (Henretty, David) (Entered: 01/06/2011)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 19 Filed: 12/17/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                            ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' unopposed Motion for Extension of Time 15 as follows and as modified: Discovery is to be completed by 4/1/2011. Joint Alternate Dispute Resolution Report is due by 4/1/2011. Dispositive Motions are due by 5/2/2011. Pretrial Order is due by 6/1/2011 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. (gm) (Entered: 12/17/2010)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 18 Filed: 12/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                              Reply TO DEFENDANTS TIMBERLAND APARTMENTS, LLC, W.R. TOWNHOMES F, LLC, AND POLYGON NORTHWEST COMPANY, LLC COUNTERCLAIM. Filed by All Plaintiffs. (Related document(s): Answer to Amended Complaint, Crossclaim, Counterclaim,,, 14 .) (Henretty, David) (Entered: 12/16/2010)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 17 Filed: 12/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                Certificate of Service by Jesus Lemus of Motion for Extension of Discovery & PTO Deadlines 15 Filed by Jesus Lemus. (Henretty, David) (Entered: 12/16/2010)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 16 Filed: 12/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                  Declaration of David Henretty in Support of Plaintiffs' Motion to Extend Discovery, ADR Report, and Pretrial Deadlines. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 15 .) (Henretty, David) (Entered: 12/16/2010)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 15 Filed: 12/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                    Motion for Extension of Discovery & PTO Deadlines. Filed by All Plaintiffs. (Henretty, David) (Entered: 12/16/2010)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 14 Filed: 12/6/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                      Answer to 11 Amended Complaint with Jury Demand, Crossclaim J.C. Builders, Inc., Olympic Framing, L.L.C., Counterclaim All Plaintiffs. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 12/06/2010)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 13 Filed: 11/15/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                        Summons Issued as to J.C. Builders, Inc.. (ecp) (Entered: 11/17/2010)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 12 Filed: 11/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                          Certificate of Service by Jesus Lemus of Amended Complaint 11 Filed by Jesus Lemus. (Henretty, David) (Entered: 11/16/2010)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 11 Filed: 11/15/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                            First Amended Complaint.Filed by Jesus Lemus against All Defendants. (Henretty, David) (Entered: 11/15/2010)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 10 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                              Certificate of Service by Jesus Lemus of Fed. R. Civ. P. 26 Agreement 9 Filed by Jesus Lemus. (Henretty, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 9 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Jesus Lemus. (Henretty, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 8 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                  Affidavit of Service upon Olympic Framing, L.L.C. served on 9/28/2010 Filed by All Plaintiffs. (Henretty, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                    Acknowledgement of Service on Polygon Northwest Company LLC served on 9/27/2010; Timberland Apartments, L.L.C. served on 9/27/2010; W.R. Townhomes F, L..L.C. served on 9/27/2010 Filed by All Plaintiffs. (Henretty, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                      Corporate Disclosure Statement. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Poore, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 10/27/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                        Notice of Appearance of David M. Poore appearing on behalf of Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. Filed by on behalf of Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C. (Poore, David) (Entered: 10/27/2010)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 10/22/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                          Order - Granting Application for Special Admission Pro Hac Vice of David M. Poore for Polygon Northwest Company LLC, Timberland Apartments, L.L.C.,and W.R. Townhomes F, L..L.C.. Application Fee in amount of $100 collected. Receipt No. 36635 issued. Signed on 10/22/2010 by Magistrate Judge Paul Papak. (ecp) (Entered: 10/22/2010)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 10/11/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                            Motion for Leave to Appear Pro Hac Vice. Filed by Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Wylie, Alexander) (Entered: 10/11/2010)
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                                                                                                                                                                                                                                                                              Blank 135 Filed: 6/20/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                              ORDER. Based on the foregoing, I conclude the Magistrate Judge's Amended Findings and Recommendation (#128) in this action is ADOPTED, as MODIFIED above. Plaintiff's Motion for Attorney Fees (#102) is GRANTED IN PART and DENIED IN PART, and plaintiff is awarded $78,306.84 in attorney fees and $350 in taxable costs. Defendant's Motion for Attorney Fees (#107) is DENIED as to defendant Polygon Northwest, and is GRANTED IN PART as to WR Townhomes F, and WR Townhomes F is awarded $7,881.18 in attorney fees. IT IS SO ORDERED. Signed on 06/19/2012 by Judge Malcolm F. Marsh. (pvh)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 2 Filed: 9/9/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Paul Papak. Discovery is to be completed by 1/7/2011. Joint Alternate Dispute Resolution Report is due by 2/7/2011. Pretrial Order is due by 2/7/2011. Ordered by Magistrate Judge Paul Papak. (ecp) (Entered: 09/10/2010)
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                                                                                                                                                                                                                                                                                  Blank 100 Filed: 1/21/2012, Entered: None Court Filing
                                                                                                                                                                                                                                                                                  ORDER: I ADOPT Magistrate Judge Papak's Finding and Recommendation (# 98 ) in its entirety. IT IS ORDERED that plaintiff's Motion for Leave to File an Amended Complaint (# 59 ) is GRANTED to remove Polygon Northwest as a defendant, but is otherwise DENIED. IT IS ORDERED that plaintiff's Motion for Partial Summary Judgment (# 62 ) is GRANTED as to Timberland Apartments, L.L.C, but DENIED as to defendant WR Townhomes F, L.L.C. IT IS ORD ERED that defendants' Motion for Summary Judgment (# 67 ) is GRANTED as to WR Townhomes F, L.L.C, but DENIED as to Timberland Apartments, L.L.C. IT IS FURTHER ORDERED that JUDGMENT is entered dismissing defendant Polygon Northwest Company L.L.C. without prejudice, and dismissing defendant WR Townhomes F with prejudice. JUDGMENT is entered in plaintiff's favor against Timberland Apartments L.L.C. in the amount of $900.60. Signed on January 20th, 2012 by Judge Malcolm F. Marsh. (eo)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 1 Filed: 9/9/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                    Complaint. Filing Fee in amount of $350 collected. Receipt No. 35719. Summons issued as to Olympic Framing, LLC, Timberland Apartments LLC, W.R. Townhomes F, LLC and Polygon Northwest Company, LLC. Jury Trial Requested: No.Filed by Jesus Lemus, Salomon Solorio against Olympic Framing, L.L.C., Polygon Northwest Company LLC, Timberland Apartments, L.L.C., W.R. Townhomes F, L..L.C.. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment Issued Summons) (ecp) (Entered: 09/10/2010)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required)  Filed: 4/4/2011, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                      Clerk's Notice of Mailing to Plaintiff Salomon Solorio regarding Scheduling Order 31 and Order on motion for extension of time 32 . (gm)
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