ORDER ANNA J. BROWN, District Judge. Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the amount of $7,288.89 are hereby awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. FURTHER ORDERED, that if it is determined that Plaintiff's EAJA fees are not subject to any offset allowed under the Department of Treasury's Offset Program, the check for EAJA fees shall be made payable to Richard A. Sly, Plaintiff's attorney, based...
REPORT AND RECOMMENDATION MARK D. CLARKE, Magistrate Judge. Plaintiff Jay Plourd ("plaintiff') seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. This court has jurisdiction under 42 U.S.C. 405(g) and 1383(c). Because the Commissioner's decision is supported by substantial evidence, the decision should be AFFIRMED....
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiffs Rafael and Lisa Reynoso bring this breach of contract action against Defendant Fidelity National Title Insurance Company, contending that Defendant wrongfully denied Plaintiffs' claim under a title insurance policy issued to Plaintiffs by Defendant. Defendant requests that the Court judicially notice several documents and moves to dismiss for failure to state a claim. I grant Defendant's request for judicial notice to the extent...
FINDINGS AND RECOMMENDATION DENNIS J. HUBEL, Magistrate Judge. Currently before the Court is Plaintiff Michael Seamon's ("Plaintiff") unopposed motion for attorneys' fees pursuant to 42 U.S.C. 406(b). The fee requested is $4,580.50, which Plaintiff's counsel represents to be "25% of Plaintiff retroactive benefits, less $5,912, a sum that was paid to Mark Manning, one of the attorneys of record for Plaintiff, under 42 U.S.C. 406(a) for his services to Plaintiff in the administrative...
OPINION AND ORDER JOHN JELDERKS, Magistrate Judge. Plaintiff David Smith brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying his application for Supplemental Security Income (SSI) benefits under the Social Security Act (the Act). Plaintiff seeks an Order remanding the action to the Social Security Administration (the Agency) for an award of benefits. For the reasons set out below, the...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff Kelly J. Yox brings this ERISA action against Defendant Providence Health Plan. Plaintiff experienced a seizure-induced fall and Defendant denied her medical claim for dental treatment. Plaintiff moves for summary judgment [44], and Defendant cross-moves for judgment [40] on the merits under Rule 52. I find that Defendant's denial was an abuse of discretion because Defendant had a structural conflict of interest, violated ERISA...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter comes before the Court on Plaintiff Kacee Jo Pace's 2 Motion (#23) for Attorneys' Fees in the amount of $4,466.21 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d). For the following reasons, the Court GRANTS in part and DENIES in part Plaintiff's Motion and AWARDS attorneys' fees to Plaintiff in the amount of $4,364.74. BACKGROUND On April 23, 2009 Plaintiff filed an application for Supplemental...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Petitioner brings this habeas corpus case pursuant to 28 U.S.C. 2254 challenging the legality of his 2003 state-court robbery convictions. For the reasons that follow, the Petition for Writ of Habeas Corpus (#2) is denied. BACKGROUND In the fall of 2011, there were a series of tavern robberies in the Portland area which culminated in petitioner's arrest. Petitioner was indicted and tried on three of those robberies. He proceeded to a...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Daniel Harrigan ("Plaintiff"), by and through his guardians Carole Harrigan and Randy Harrigan, bring this action against Defendants Marion County and four of its deputy sheriffs, Jason Bernards, Stacy Rejaian (formerly Stacy Lucca), Jeffrey Stutrud, and T. Shane Burnham. Plaintiff alleges four claims for relief: (1) violation of the Fourth Amendment under 42 U.S.C. 1983 (excessive force, by the individual Defendants); (2) violation of the...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. This is an action by Plaintiff Cyber Acoustics, LLC ("Cyber") against Defendant Bel kin International, Inc. ("Belkin") alleging infringement of U.S. Patent No. 8,281,924 ("the '924 Patent"). Dkt. 1. On September 13, 2013, Belkin filed its first amended answer and amended counterclaims, which included an affirmative defense and counterclaim alleging inequitable conduct in the prosecution of the '924 Patent. Dkt. 23. Cyber filed a motion to...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Mr. Michael Lewis Abdich seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Mr. Abdich's application for Disability Insurance Benefits ("DIB") and Supplemental Security Income Benefits ("SSI"). For the following reasons, the Commissioner's decision is AFFIRMED. BACKGROUND A. The Application Mr. Abdich protectively filed an application for DIB and SSI on August 5,...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Ms. Betty Church seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Ms. Church's application for Disability Insurance Benefits ("DIB"). For the following reasons, the Commissioner's decision is AFFIRMED. BACKGROUND A. The Application Ms. Church filed an application for DIB on April 21, 2009, alleging disability beginning on June 30, 2006. Administrative Record ("...
ORDER ANNA J. BROWN, District Judge. This matter comes before the Court on Defendant Richard Oberdorfer's Notice (#74) of Appeal to District Court from Judgment of Magistrate. For the reasons that follow, the Court STAYS Defendant's appeal to this Court pending a decision by the Ninth Circuit Court of Appeals on Defendant's Notice (#72) of Appeal. BACKGROUND On October 31, 2012, the government charged Defendant in a single-count Information with "construct[ing] and maintain[ing] a...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Acosta issued a Findings and Recommendation (#113) on June 6, 2013, in which he recommends that the Court should deny Defendant TransUnion's motion summary judgment. Both Plaintiff and Defendant timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings and...
OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATION MICHAEL H. SIMON, District Judge. United States Magistrate Judge Patricia Sullivan issued Findings and Recommendation in these two consolidated cases on April 9, 2013. Dkt. 72. Judge Sullivan recommends that Defendant's Motions to Dismiss (Dkt. 14 in Case No. 2:11-cv-00322-SU) and (Dkt. 13 in Case No. 2:11-cv-00323-SU) be granted for lack of subject matter jurisdiction, based on the application of sovereign immunity. The Court agrees....
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Plaintiffs A.F. and A.P. (collectively "Plaintiffs") bring this putative class action against Defendant Providence Health Plan ("Providence"). Plaintiffs claim that Providence illegally denied coverage to Plaintiffs as members of Providence-issued group health plans in Oregon of the therapeutic technique of Applied Behavior Analysis ("ABA"). Plaintiffs move to certify a class under Fed. R. Civ. P. 23(b)(2). Dkt. 36. Plaintiffs seek...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. Plaintiff Mussa Ali ("Ali") brings this lawsuit against Defendants Carnegie Institution of Washington ("Carnegie") and University of Massachusetts ("UMass") (collectively "Defendants") to correct the inventorship of five issued patents related to gene silencing. In an earlier Opinion and Order, the Court granted Defendants' motion to dismiss UMass as immune from suit and deferred ruling on the remainder of Defendants' motion. Dkts. 18, 41....
OPINION AND ORDER ANNA J. BROWN, District Judge. Plaintiff, an inmate at the Two Rivers Correctional Institution, brings this civil rights action pursuant to 42 U.S.C. 1983 pro se. Currently before the Court are Defendant Torn Clark's Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to FRCP 12 (b) (6) (#96) and Plaintiff's Cross-Motion to Sever Misjoined Defendants (#115). For the reasons that follow, the Court GRANTS Defendant Clark's Motion and DENIES Plaintiff's Motion....
OPINION AND ORDER ANN AIKEN, Chief District Judge. Plaintiff Jessie Page brings this action pursuant to the Social Security Act ("Act") to obtain judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for supplemental security income ("SSI"). For the reasons set forth below, the Commissioner's decision is affirmed and this case is dismissed. PROCEDURAL BACKGROUND On February 23, 2009, plaintiff filed his most recent application...
OPINION AND ORDER DENNIS J. HUBEL, Magistrate Judge. Before the Court is Defendant Standard Insurance Company's ("Defendant") motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure ("Rule") 12(c). Defendant's principal contentions are that: (1) Plaintiff Lisa Ephrem's ("Plaintiff") exclusively state common law claims are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001-1461; (2) Plaintiff does not qualify as a beneficiary...
