OPINION AND ORDER BROWN, District Judge. This matter comes before the Court on the Motion (# 351) for Partial Summary Judgment of Unenforceability of U.S. Patent Nos. 6,502,917 ('917 Patent) and 6,550,902 ('902 Patent) for Inequitable Conduct filed by Defendants Ninestar Technology Company, Ltd.; Ninestar Technology Co. Ltd; and Dataproducts USA, LLC (collectively referred to as Ninestar) and the Cross-Motion (# 370) for Partial Summary Judgment of No Inequitable Conduct or Walker Process...
FINDINGS AND RECOMMENDATIONS ON MOTIONS FOR SUMMARY JUDGMENT DENNIS JAMES HUBEL, Magistrate Judge INTRODUCTION This is an action arising from injuries suffered by the plaintiff Michael Cain ("Cain") when he fell from a ladder while working on a renovation project at Willamette Valley Medical Center ("Willamette Valley" or "the hospital"). Cain brings claims against all of the defendants for violation of the Oregon Safe Employment Act ("OSEA"), O.R.S. 654.015, and for common-law negligence....
OPINION AND ORDER REDDEN, District Judge: On April 21, 2008, Warm Springs Police Department detectives conducted a series of warrantless searches of defendant Tracy Demarcus Fuentes' home and seized three firearms, several rounds of ammunition, drug paraphernalia, and a small amount of marijuana. Because Fuentes has three prior felony convictions, the United States charged him with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). Now before the court is Fuentes'...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. On October 11, 2007, Plaintiff Mary Margaret Loring ("Ms. Loring") applied for Social Security Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The Commissioner of the Social Security Administration ("Commissioner") denied her applications and Ms. Loring filed a complaint in this court. On September 16, 2011, the court issued an Opinion and Order, Dkt. #18 ("opinion"), reversing the Commissioner's decision and...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. On November 3, 2011, the Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation ("F & R") (Doc. # 21). The matter is now before me pursuant to the Magistrates Act, 28 U.S.C. 636(b)(1)(B), and Rule 72(b) of the Federal Rules of Civil Procedure. Under the Magistrates Act, the court may "accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. 636(b)(1)...
OPINION AND ORDER MICHAEL H. SIMON, District Judge. I. INTRODUCTION Plaintiff Madeline C. Sheridan brings this action for employment discrimination against Providence Health & Services ("Providence"), asserting four claims for relief: (1) Providence's termination of her employment because of her age violated Plaintiff's rights under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq. and Or. Rev. Stat. 659A.030(1)(a); (2) Providence failed to reasonably...
OPINION AND ORDER PAPAK, United States Magistrate Judge: Plaintiffs W. Brand Bobosky and We Not Me, Ltd. (collectively "Bobosky" or "plaintiffs") bring this action against defendants adidas America, Inc., adidas AG, 180LA, LLC, NBA Properties, Inc., NBA Media Ventures, LLC, and Kevin Gamett (collectively "adidas" or "defendants") arising out of defendants' use of the phrase "WE NOT ME" during a 2007 "Basketball is a Brotherhood" marketing campaign. Bobosky alleges claims for trademark...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff Kenneth Foland ("Foland") brings this action for judicial review of the Commissioner's final decision denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-33, and Supplemental Security Income ("SSI") payments under Title XVI of the Act. 42 U.S.C. 1381-83f. I have jurisdiction under 42 U.S.C. 405(g) (...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Defendants filed a motion for partial summary judgment ("MSJ"). Dkt. #46. Plaintiff filed a cross-MSJ, its own MSJ on additional claims, and a motion to strike defendants' affirmative defenses. Dkt. #64. Plaintiff then filed another motion to request a determination of whether the one-way intervention doctrine would preclude certification of a class or a collective action. Dkt. #78. Given my ruling on the motion concerning the one-way...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Defendant Travelers Property Casualty, Co. ("Travelers") moves for summary judgment against plaintiff Arch Insurance Group, Inc. ("Arch"). Arch cross-moved for summary judgment against Travelers. I grant Travelers's motion and deny Arch's motion. BACKGROUND Plaintiff Arch seeks to recover indemnity and defense costs from defendant Travelers. In 2007, general contractor Turner Construction ("Turner") led a project at Sacred Heart Hospital...
OPINION AND ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff Susan Crowden ("Plaintiff" or "Crowden") brings this diversity action against Federal National Mortgage Association ("Fannie Mae"), SunTrust Mortgage, Inc. ("SunTrust"), and First American Title Insurance Company ("First American Title") alleging defendants improperly foreclosed on her residence, a condominium located in Portland, Oregon (the "Property"). Compl., Ex. A. Plaintiff seeks a declaration that the trustee sale...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #14) on November 21, 2011, in which he recommends that the Commissioner's final decision in connection with Plaintiff's November 17, 2007, application for supplemental security income benefits ("SSI Benefits") be affirmed. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's...
ORDER ANNA J. BROWN, District Judge. Magistrate Judge John V. Acosta issued Findings and Recommendation (#20) on October 11, 2011, in which he recommends this Court should affirm the decision of the Commissioner that Plaintiff is not disabled and is not entitled to benefits. Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d...
ORDER ANNA J. BROWN, District Judge. The Court acknowledges receipt of Plaintiff Flir Systems, Inc.'s Motion (#237) for Entry of Default Judgment against Defendant Thomas L. Gambaro and Defendant Motionless Keyboard, Plaintiff Flir's Motion (#228) for Order Enjoining Defendant Gambaro from Contacting Persons Associated with Flir, and Flir's Supplemental Motion (#233) for Order Enjoining Defendant Gambaro from Contacting Persons Associated with Flir. In its Opinion and Order (#213) issued on...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Acosta issued a Findings and Recommendation (# 39) on October 21, 2011, in which he recommends the Court should grant defendant Plus, Bags, Cars & Serv, LLC's ("Plus") motion to dismiss (#27). Plaintiff Expedite, Inc. 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...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Both plaintiffs and defendants move for reconsideration of this Court's October 14, 2011 order, in which I issued rulings on the parties' dispositive motions. I deny both motions. BACKGROUND Rulings on both parties' motions for summary judgment issued on October 14th. Oct. 14, 2011 Opinion & Order ("10/14/11 Order") (Dkt. #107). On October 21st, plaintiffs filed a motion for reconsideration of its dismissed breach of contract claim. Pls.'...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiffs move for leave to file an amended complaint to revise its breach of fiduciary duty claim and add a new claim for quasi-contract. I deny the motion. BACKGROUND This case has been pending for two and a half years, since June 16, 2009. Discovery closed on June 15, 2011, but was briefly reopened for a limited matter until August 19th. Both parties filed dispositive motions on June 17th. Plaintiffs indicated in their dispositive...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter came before the Court on December 7, 2011, for a Supplemental Markman Hearing to construe the claim term "being compressingly contained" in the second limitation of Claim 83 and in dependent Claims 72 and 73 of U.S. Patent No. 5,5158,377 (`377 Patent) issued to Plaintiffs (collectively referred to as Seiko Epson). 1 STANDARDS Patent claim terms are generally given their ordinary and customary meaning. Phillips v. AWH Corp.,...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter came before the Court on December 7, 2011, for a Supplemental Markman Hearing to construe the claim term "being compressingly contained" in the second limitation of Claim 83 and in dependent Claims 72 and 73 of U.S. Patent No. 5,5158,377 (`377 Patent) issued to Plaintiffs (collectively referred to as Seiko Epson). 1 STANDARDS Patent claim terms are generally given their ordinary and customary meaning. Phillips v. AWH Corp.,...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter came before the Court on December 7, 2011, for a Supplemental Markman Hearing to construe the claim term "being compressingly contained" in the second limitation of Claim 83 and in dependent Claims 72 and 73 of U.S. Patent No. 5,5158,377 ('377 Patent) issued to Plaintiffs (collectively referred to as Seiko Epson). 1 STANDARDS Patent claim terms are generally given their ordinary and customary meaning. Phillips v. AWH Corp.,...
