FINDINGS AND RECOMMENDATION JOHN V. ACOSTA , Magistrate Judge . Plaintiff Candy Westphal ("Plaintiff") seeks judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") in which she denied Plaintiff's application for Disability Insurance Benefits ("DIB") under Title II and Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. This court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C....
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Plaintiff W. Bryan Suttles ("Suttles") seeks judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") in which she denied Plaintiff's application for Disability Insurance Benefits ("DIB") under Title II and Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. This court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. 405(g)....
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Before the court is Miranda Paredes's ("Paredes") unopposed Motion for Approval of Attorney Fees Pursuant to 42 U.S.C. 406(b) ("Section 406(b)"). Although Paredes is the claimant in this case, the real party in interest to this motion is her attorney Arthur Stevens ("Stevens"). The Commissioner does not oppose the motion, but merely acts in a manner similar to "a trustee for the claimant[]." Gisbrecht v. Barnhart,...
FINDINGS and RECOMMENDATION THOMAS M. COFFIN , Magistrate Judge . Pursuant to Fed. R. Civ. P. 8(a), a complaint shall include "(1) a short and plain statement of the grounds upon which the court's jurisdiction depends . . ., (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for judgment for the relief the pleader seeks." "Each averment of a pleading shall be simple, concise and direct." Fed. R. Civ. P. 8(e). A district court has...
ORDER ANN AIKEN , District Judge . Magistrate Judge Clarke filed his Findings and Recommendation on September 12, 2016. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b)(3). When a party objects to any portion of the Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report. 28 U.S.C. 636(b)(1)(B); McDonnell Douglas Corp. v. Commodore Bus. Machs.,...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Rick Marvin Rhinehart ("Claimant"), seeks judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying his application for Social Security Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("SSA"). See 42 U.S.C. 401-433. This court has jurisdiction to review the Commissioner's decision pursuant to 42 U.S.C. 405(g). All parties have consented to...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff brings this action against Defendant Kuresa 1 Moaliitele, alleging that he infringed Plaintiff's copyright in its motion picture Fathers and Daughters. Defendant answered Plaintiff's complaint and asserted three affirmative defenses: innocent infringement; unilateral mistake; and fair use. Plaintiff moves to strike Defendant's affirmative defenses under Federal Rules of Civil Procedure 12(f) and 8(c). 2 Defendant moves for...
OPINION AND ORDER ANNA J. BROWN , District Judge . Plaintiff Steven Lewis seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which she denied Plaintiff's applications for Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB) under Titles XVI and II of the Social Security Act. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. 405(g). For the reasons that follow, the...
ORDER MICHAEL W. MOSMAN , Chief District Judge . Plaintiff, an inmate at the Snake River Correctional Institution, brings this civil rights action pursuant to 42 U.S.C. 1983 pro se. Currently before the court is Defendants' Motion Dismiss Plaintiffs Complaint as Duplicative of Earlier-Filed and Still-Pending Litigation (ECF No. 10). For the reasons, that follow, Defendants' Motion is GRANTED. BACKGROUND On April 18, 2016, Plaintiff filed a Complaint in this court using the name "...
ORDER MICHAEL McSHANE , District Judge . Plaintiff, an inmate in the custody of the Oregon Department of Corrections filed a complaint under 42 U.S.C. 1983 alleging Eighth Amendment excessive force claims arising out of an incident on December 23, 2014. Plaintiff further alleges that he was not provided with adequate medical treatment for injuries he allegedly sustained in the altercation and has been denied proper treatment for his mental illness. Defendants now move for partial...
FINAL JUDGMENT OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE MALCOLM F. MARSH , District Judge . Based upon this Court's Order of Default entered August 28, 2015, and on the Settlement Agreement filed on December 1, 2016, and on this Court granting an Order Substituting $4,778,184.02 as a substitute res for the two defendant real properties located at 16667 Bolero Lane, Huntington Beach, California, and 16142 Harbor Boulevard, Fountain Valley, California; and on the records and files...
FINDINGS AND RECOMMENDATION JOHN V. ACOSTA , Magistrate Judge . Findings and Recommendation Melisa Dawn Boyd ("Boyd") seeks judicial review of the final decision by the Social Security Commissioner ("Commissioner") denying her applications for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("SSA"). This Court has jurisdiction to review the Commissioner's decision pursuant to 42 U.S.C. 405(g). Based on a careful review of the record, the Commissioner's...
STIPULATION AND ORDER TO AMEND PREVIOUSLY-ENTERED JUDGMENT ANN AIKEN , District Judge . This matter is before the Court on defendant's motion to vacate or correct his sentence pursuant to 28 U.S.C. 2255 and Johnson v. United States, 135 S.Ct. 2551 (2015). Based on the filings to date and the interests of justice in this particular case, the parties agree to resolve this matter, without precedential value in any other case, as follows: the parties agree that the judgment in this case...
STIPULATION AND ORDER TO AMEND PREVIOUSLY-ENTERED JUDGMENT MICHAEL J. McSHANE , District Judge . This matter is before the Court on defendant's motion to vacate or correct his sentence pursuant to 28 U.S.C. 2255 and Johnson v. United States, 135 S.Ct. 2551 (2015). Based on the filings to date and the interests of justice in this particular case, the parties agree to resolve this matter, without precedential value in any other case, as follows: the parties agree that the judgment in...
STIPULATION AND ORDER TO AMEND PREVIOUSLY-ENTERED JUDGMENT MICHAEL J. MCSHANE , District Judge . This matter is before the Court on defendant's motion to vacate or correct his sentence pursuant to 28 U.S.C. 2255 based on the Supreme Court's decisions in Johnson v. United States, 135 S.Ct. 2551 (2015), and Welch v. United States, 136 S.Ct. 1257 (2016), and having considered the factors under 18 U.S.C. 3553(a) and the interests of justice in this particular case, the parties...
ORDER MICHAEL MCSHANE , District Judge . Plaintiff filed a complaint under 42 U.S.C. 1983, alleging defendants violated his rights during his detention in the Klamath County Jail on April 30, 2014 through May 1, 2014. Plaintiff alleges Constitutional claims for "unsanitary cell conditions," excessive force, and denial of adequate medical care. Plaintiff also alleges two claims under the Oregon Constitution. All of plaintiffs claims fail as a matter of law because they are alleged against...
STIPULATION AND ORDER TO AMEND PREVIOUSLY-ENTERED JUDGMENT MICHAEL J. MCSHANE , District Judge . This matter is before the Court on defendant's motion to vacate or correct his sentence pursuant to 28 U.S.C. 2255. Based on the Supreme Court's decisions in Johnson v. United States, 135 S.Ct. 2551 (2015), and Welch v. United States, 136 S.Ct. 1257 (2016), and the Ninth Circuit's decision in United States v. Cisneros, 826 F.3d 1190 (9th Cir. 2016), and having considered the...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Plaintiff Gretchen Brooks ("Brooks") filed this action against defendants Harlon Rip Caswell ("Caswell"), Rip Caswell Sculptures, Inc., dba Caswell Gallery ("Caswell Sculptures"), and Caswell Properties, LLC ("Caswell Properties")(collectively "Defendants") seeking damages related to Defendants' alleged wrongful conduct with regard to the settlement of a prior lawsuit. The sole claim remaining in this lawsuit is Caswell...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Defendants Deloitte & Touche LLP ("Deloitte") and EisnerAmper LLP ("EisnerAmper") (collectively, "the Accounting Firms") both move (ECF Nos. 139 and 143) for protective orders against Plaintiffs' Requests for Production, staying discovery until the court rules on the motions to dismiss filed by Deloitte, EisnerAmper, and other defendants. For the reasons that follow, the court GRANTS IN PART and DENIES IN PART both...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Before the court is Scott Frank's ("Frank") unopposed Motion for Approval of Attorney Fees Pursuant to 42 U.S.C. 406(b) ("Section 406(b)"). Although Frank is the claimant in this case, the real party in interest to this motion is his attorney, Richard McGinty ("McGinty"). The Commissioner does not oppose the motion, but merely acts in a manner similar to "a trustee for the claimant[]." Gisbrecht v. Barnhart, 535 U....
