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 47 |
Filed: 9/2/2014, Entered: 9/2/2014 |
Objections to Findings & Recommendation |
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Objections to Findings & Recommendation: Motion for Judgment on the Pleadings or in the Alternative for Summary JudgmentMotion for Summary Judgment[29] should be Denied[41], Response to Objections to Findings & Recommendation. Related document(s): [41] Findings & Recommendation,,. Filed by International Longshore and Warehouse Union, Local 40. (Doyle, Thomas)
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 Request |
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| 46 |
Filed: 8/20/2014, Entered: 8/20/2014 |
Order on Motion for Extension of Time to File Response to Objection to F & R |
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ORDER - Granting Plaintiff's Motion for Extension of Time to File a Response to Objection to F & R [44]. Responses to any objections to the Findings and Recommendation are due by 9/2/2014. Ordered by Judge Michael H. Simon. (mja)
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| 45 |
Filed: 8/19/2014, Entered: 8/19/2014 |
Declaration |
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Declaration of Thomas K. Doyle . Filed by International Longshore and Warehouse Union, Local 40. (Related document(s): Motion for Extension of Time to File Response to Objection to F & R, [44].) (Doyle, Thomas)
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Request |
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| 44 |
Filed: 8/19/2014, Entered: 8/19/2014, Terminated: 8/20/2014 |
Motion for Extension of Time to File Response to Objection to F & R |
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Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion for Judgment on the Pleadings or in the Alternative for Summary JudgmentMotion for Summary Judgment[29] should be Denied[41]. Filed by All Plaintiffs. (Doyle, Thomas)
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Request |
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| 43 |
Filed: 8/5/2014, Entered: 8/5/2014 |
Objections to Findings & Recommendation |
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Objections to Findings & Recommendation: Motion for Judgment on the Pleadings or in the Alternative for Summary JudgmentMotion for Summary Judgment[29] should be Denied[41]. Filed by All Defendants. (Peterson, Kirk)
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Request |
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| 42 |
Filed: 7/21/2014, Entered: 7/21/2014 |
Findings & Recommendation Referred |
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ORDER by Judge Acosta - REFERRING Findings and Recommendation [41] to the Honorable Michael H. Simon for review. (peg)
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| 41 |
Filed: 7/21/2014, Entered: 7/21/2014 |
Findings and Recommendation |
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FINDINGS and RECOMMENDATION - Columbia's alternative motion for summary judgment [29] should be DENIED. The Findings and Recommendation will be referred to a district judge. Objections if any, are due by 8/5/14. 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 within 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. DATED this 21st day of July, 2014 by Magistrate Judge John V. Acosta. (peg)
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Request |
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| 40 |
Filed: 7/8/2014, Entered: 7/8/2014 |
Motion Hearing Held |
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MINUTES of Proceedings: Motion Hearing held before Judge Acosta on defendant's motion[29] for judgment on the pleadings or in the alternative for summary judgment. Motion[29] is taken under advisement as of 7/8/2014; Formal ruling to follow. Thomas Doyle present as counsel for plaintiff. Kirk Peterson present as counsel for defendant. Court Reporter: Bonita Shumway. (peg)
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| 39 |
Filed: 6/11/2014, Entered: 6/11/2014 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - RESETTING oral argument in this matter from 7/3/14, to Tuesday, July 8, 2014, at 9:30 a.m., in Courtroom 11B, re: defendant's motion [29] for judgment on the pleadings or alternatively for summary judgment. (peg)
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| 38 |
Filed: 5/15/2014, Entered: 5/15/2014 |
Declaration |
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Declaration of Kirk Peterson . Filed by Columbia Grain. (Related document(s): Reply to Motion[36].) (Peterson, Kirk)
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Request |
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| 37 |
Filed: 5/15/2014, Entered: 5/15/2014 |
Declaration |
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Declaration of Randy Cartmill . Filed by Columbia Grain. (Related document(s): Reply to Motion[36].) (Peterson, Kirk)
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Request |
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| 36 |
Filed: 5/15/2014, Entered: 5/15/2014 |
reply to motion |
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Reply to Motion for Judgment on the Pleadings or in the Alternative for Summary JudgmentMotion for Summary Judgment[29] Oral Argument requested. Filed by Columbia Grain. (Peterson, Kirk)
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Request |
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| 35 |
Filed: 4/28/2014, Entered: 4/28/2014 |
Declaration |
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Declaration of Thomas K. Doyle . Filed by International Longshore and Warehouse Union, Local 40. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit) (Doyle, Thomas)
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Request |
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| 34 |
Filed: 4/28/2014, Entered: 4/28/2014 |
Response in Opposition to Motion |
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Response in Opposition to Motion for Judgment on the Pleadings or in the Alternative for Summary JudgmentMotion for Summary Judgment[29]. Filed by International Longshore and Warehouse Union, Local 40. (Doyle, Thomas)
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Request |
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| 33 |
Filed: 3/6/2014, Entered: 3/6/2014 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - RESETTING oral argument on defendant's motion[29] for summary judgment from 6/5/14, to Thursday, July 3, 2014, at 9:30AM, in Courtroom 11B. (peg)
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| 32 |
Filed: 2/13/2014, Entered: 2/13/2014 |
Rule 16 Conference |
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MINUTES of Proceedings: Rule 16 Conference held by Judge Acosta. ORDER: (1) Plaintiff's present discovery requests are held in abeyance. (2) On or before 2/20/14, plaintiff to provide defendant with specific discovery requests deemed necessary for the preparation of plaintiff's responsive filing to defendant's motion[29] for judgment on the pleadings or in the alternative for summary judgment. (3) Discovery closes on 4/14/14. (4) Plaintiff's response to defendant's motion[29] will be due by 4/28/14. (5) Defendants reply will be due in the normal course. (6) Oral argument on defendant's motion[29] for judgment on the pleadings or in the alternative for summary judgment is set for Thursday, June 5, 2014, at 10:00AM, in Courtroom 11B. Discovery is to be completed by 4/14/14. Thomas Doyle present as counsel for plaintiff(s). Francis Barnwell, Kirk Peterson present as counsel for defendant(s).(Court Reporter None.) (peg)
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| 31 |
Filed: 2/11/2014, Entered: 2/11/2014 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - Defendant's motion[29] for judgment on the pleadings or in the alternative for summary judgment will be taken under advisement as of 3/21/14. (peg)
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| 30 |
Filed: 2/11/2014, Entered: 2/11/2014 |
Memorandum in Support of Motion |
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Memorandum in Support of Motion for Judgment on the Pleadings or in the Alternative for Summary Judgment. Filed by Columbia Grain. (Related document(s): Motion for judgment[29].) (Peterson, Kirk)
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Request |
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| 29 |
Filed: 2/11/2014, Entered: 2/11/2014 |
Motion for Judgment |
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Motion for Judgment on the Pleadings or in the Alternative for Summary Judgment. Filed by Columbia Grain. (Peterson, Kirk). Added Motion for Summary Judgment on 2/14/2014 (cib).
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Request |
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| 28 |
Filed: 1/31/2014, Entered: 1/31/2014 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - SETTING an in-person Rule 16 Conference for Thursday, February 13, 2014, at 9:30AM, in Judge Acosta's chambers on the 11th floor of the Mark Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204. (peg)
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| 27 |
Filed: 1/30/2014, Entered: 1/30/2014 |
Attorney Appearance |
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Notice of Appearance of Thomas K. Doyle appearing on behalf of International Longshore and Warehouse Union, Local 40 (Henry J. Kaplan) Filed by on behalf of International Longshore and Warehouse Union, Local 40 (Doyle, Thomas)
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Request |
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| 26 |
Filed: 1/30/2014, Entered: 1/30/2014 |
Answer to Amended Complaint |
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Answer to [25] Amended Complaint and Affirmative Defenses. Filed by Columbia Grain. (Peterson, Kirk)
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Request |
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| 25 |
Filed: 1/13/2014, Entered: 1/13/2014 |
Amended Complaint |
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Amended Complaint . Filed by International Longshore and Warehouse Union, Local 40 against Columbia Grain. (Doyle, Thomas)
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Request |
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| 24 |
Filed: 12/18/2013, Entered: 12/18/2013 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - Plaintiff to file an amended complaint no later than 1/13/14. (peg)
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| 23 |
Filed: 12/17/2013, Entered: 12/17/2013 |
Order on Motion to Dismiss |
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ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acosta's Findings and Recommendation [21]. Defendant Columbia Grain's motion to dismiss [8] is GRANTED without prejudice. Plaintiff Local 40's request to amend the complaint [15] is GRANTED. Signed on 12/17/2013 by Judge Michael H. Simon. (mja)
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Request |
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| 22 |
Filed: 10/9/2013, Entered: 10/9/2013 |
Findings & Recommendation Referred |
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ORDER by Judge Acosta - REFERRING the AMENDED Findings & Recommendation[21] to the Honorable Michael H. Simon for review. (peg)
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| 21 |
Filed: 10/9/2013, Entered: 10/9/2013, Terminated: 12/17/2013 |
Findings and Recommendation |
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AMENDED FINDINGS and RECOMMENDATION - Columbia's motion to dismiss[8] should be GRANTED, without prejudice. Local 40's alternative request to amend the complaint to cure the deficiencies noted herein should be GRANTED. The Findings and Recommendation will be referred to a district judge. Objections if any, are due in 15 days. 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 within 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. Signed on 10/9/13 by Magistrate Judge John V. Acosta. (peg)
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Request |
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| 20 |
Filed: 10/9/2013, Entered: 10/9/2013 |
Order on Findings and Recommendation |
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ORDER by Judge Acosta - STRIKING Findings and Recommendation[18] and its referral to Judge Simon. An amended findings and recommendation will follow. (peg)
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| 19 |
Filed: 10/7/2013, Entered: 10/7/2013 |
Findings & Recommendation Referred |
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ORDER by Judge Acosta - REFERRING Findings & Recommendation[18] to the Honorable Michael H. Simon for review. (peg)
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| 18 |
Filed: 10/7/2013, Entered: 10/7/2013, Terminated: 10/9/2013 |
Findings and Recommendation |
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FINDINGS and RECOMMENDATION - Columbia's Motion[8] to Dismiss should be DENIED. Local 40's request to amend the complaint to cure the deficiencies noted herein should be GRANTED. The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due in 15 days. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 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 Recommendations will go under advisement. DATED this 7th day of October, 2013, by United States Magistrate Judge, John V. Acosta. (peg)
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Request |
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| 17 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Joint ADR Report |
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Joint ADR Report . Filed by All Defendants.(Peterson, Kirk)
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Request |
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| 16 |
Filed: 7/8/2013, Entered: 7/8/2013 |
reply to motion |
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Reply to Motion to Dismiss [8]. Filed by All Defendants. (Peterson, Kirk)
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Request |
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| 15 |
Filed: 6/26/2013, Entered: 6/26/2013 |
Response to Motion |
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Response to Motion to Dismiss [8]. Filed by International Longshore and Warehouse Union, Local 40. (Doyle, Thomas)
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Request |
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| 14 |
Filed: 6/26/2013, Entered: 6/26/2013 |
Order on Motion for Extension of Time to File Response-Reply |
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ORDER by Judge Acosta - GRANTING plaintiff's motion[12] for extension of time to 6/26/13, to file their response to defendant's motion to dismiss[8]. (peg)
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Request |
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| 13 |
Filed: 6/25/2013, Entered: 6/25/2013 |
Declaration |
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Declaration of Thomas K. Doyle . Filed by International Longshore and Warehouse Union, Local 40. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion[12].) (Doyle, Thomas)
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Request |
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| 12 |
Filed: 6/25/2013, Entered: 6/25/2013, Terminated: 6/26/2013 |
Motion for Extension of Time to File Response/Reply to a Motion |
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Motion for Extension of Time to File a Response/Reply to Motion to Dismiss [8]. Filed by International Longshore and Warehouse Union, Local 40. (Doyle, Thomas)
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Request |
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| 11 |
Filed: 6/4/2013, Entered: 6/4/2013 |
Scheduling |
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SCHEDULING ORDER by Judge Acosta - Defendant's motion[8] to dismiss will be taken under advisement as of 7/8/2013. (peg)
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Request |
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| 10 |
Filed: 5/30/2013, Entered: 5/30/2013 |
Corporate Disclosure Statement |
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Corporate Disclosure Statement . Filed by All Defendants. (Barnwell, Francis)
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Request |
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| 9 |
Filed: 5/30/2013, Entered: 5/30/2013 |
Memorandum in Support of Motion |
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Memorandum in Support of its Motion to Dismiss. Filed by All Defendants. (Related document(s): Motion to Dismiss[8].) (Barnwell, Francis)
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Request |
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| 8 |
Filed: 5/30/2013, Entered: 5/30/2013, Terminated: 12/17/2013 |
Motion to Dismiss |
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Motion to Dismiss . Filed by All Defendants. (Barnwell, Francis)
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Request |
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| 7 |
Filed: 5/6/2013, Entered: 5/6/2013 |
Attorney Appearance |
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Notice of Appearance of Kirk S. Peterson appearing on behalf of All Defendants Filed by on behalf of All Defendants (Peterson, Kirk)
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Request |
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| 6 |
Filed: 5/2/2013, Entered: 5/2/2013 |
Order on motion for extension of time to answer a Complaint/Petition |
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ORDER by Judge Acosta - GRANTING defendant's unopposed motion[4] for extension of time to 5/30/13, to answer or otherwise respond to plaintiff's complaint. (peg)
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Request |
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| 5 |
Filed: 5/2/2013, Entered: 5/2/2013 |
Return of service executed USM 285 |
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Return of Service Executed as to Columbia Grain served on 4/19/2013. Filed by International Longshore and Warehouse Union, Local 40. (Doyle, Thomas)
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Request |
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| 4 |
Filed: 5/1/2013, Entered: 5/1/2013, Terminated: 5/2/2013 |
Motion for Extension of Time to Answer a Complaint/Petition |
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Unopposed Motion for Extension of Time to Answer Complaint, [1]. Filed by All Defendants. (Barnwell, Francis)
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Request |
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| 3 |
Filed: 3/26/2013, Entered: 3/26/2013 |
Summons Issued |
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Summons Issued Electronically as to Columbia Grain. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sm)
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Request |
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| 2 |
Filed: 3/26/2013, Entered: 3/26/2013 |
Discovery Order |
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Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/24/2013. Joint Alternate Dispute Resolution Report is due by 8/23/2013. Pretrial Order is due by 8/23/2013. Ordered by Magistrate Judge John V. Acosta. (sm)
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Request |
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| 1 |
Filed: 3/26/2013, Entered: 3/26/2013 |
Complaint |
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Complaint. Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-3234109 Jury Trial Requested: No. Filed by International Longshore and Warehouse Union, Local 40 against Columbia Grain Inc (Attachments: # (1) Civil Cover Sheet, # (2) Proposed Summons). (Doyle, Thomas)
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Request |
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