ORDER JOHN JELDERKS, Magistrate Judge. Plaintiff's unopposed motion for order disbursing fees/costs (#66) having been granted (#70), the clerk of this court has disbursed the sum of $2,000.00 to Plaintiff Midland from the insurance policy proceeds currently on deposit in the court's registry. Based upon the agreement of the parties, it is hereby ORDERED that Plaintiff Midland is dismissed from this action and all claims by or against Midland are dismissed with prejudice and without further...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ANN AIKEN, Chief District Judge. This case was tried to the court without a jury on December 11-12, 2012. The Court heard and reviewed the testimony of the witnesses, considered the evidence of record, the credibility of the witnesses, the entire file of the Court, and the contentions and arguments of counsel. Therefore, in accord with Fed. R. Civ. P. 52(a), the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. The...
OPINION AND ORDER ANNA J. BROWN, District Judge. This matter comes before the Court on the Motion (#15) of Defendant Northwest Trustee Services, Inc. (NWTS) for Summary Judgment and the Motion (#13) of Defendant Federal National Mortgage Association (Fannie Mae) for Summary Judgment. For the reasons that follow, the Court GRANTS NWTS's Motion for Summary Judgment, STAYS this matter as to Plaintiffs' remaining claim against Fannie Mae, and DENIES with leave to renew Fannie Mae's Motion (...
FINDINGS AND RECOMMENDATION JOHN JELDERKS, Magistrate Judge. Plaintiff Sandi Medieros 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 her applications for Disability Income Benefits (DIB) and Supplemental Security Income (SSI) 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...
FINDINGS AND RECOMMENDATION PATRICIA SULLIVAN, Magistrate Judge. Petitioner brings this habeas corpus case pursuant to 28 U.S.C. 2254 challenging the legality of his underlying statecourt conviction for Assaulting a Public Safety Officer. For the reasons that follow, the Petition for Writ of Habeas Corpus (#2) should be denied. BACKGROUND In 2009, petitioner was serving a term of post-prison supervision stemming from a prior conviction for Burglary in the First Degree. One condition of...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Sullilvan issued a Findings and Recommendation (#33) on September 20, 2012, in which she recommends that the Court should deny the petition for writ of habeas corpus (#2) and dismiss the case with prejudice. Petitioner 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...
OPINION AND ORDER OWEN M. PANNER, District Judge. Petitioner brings this habeas corpus case pursuant to 28 U.S.C. 2241 challenging the legality of a January 25, 2012 prison disciplinary hearing which resulted in his loss of 27 days of good-time credits, placement in disciplinary segregation, and the loss of email privileges. Because petitioner failed to exhaust his administrative remedies prior to filing this action, the Amended Petition for Writ of Habeas Corpus (#13) is dismissed....
PERMANENT INJUNCTION AGAINST DEFENDANT TIMOTHY J. NIELSEN MICHAEL W. MOSMAN, District Judge. Based on the stipulation of Plaintiff Brown & Brown, Inc. ("Brown & Brown") and Defendant Timothy J. Nielsen ("Nielsen"), it is hereby ORDERED: 1. The Preliminary Injunction entered by the Court on October 9, 2012 shall be vacated and replaced with this Permanent Injunction under the terms set forth in this Order, and the Security provided by Brown & Brown on October 10, 2012 in connection with the...
OPINION AND ORDER ANN AIKEN, Chief Judge. Plaintiffs Cas Wildlands, Oregon Wild, and the Benton Forest Coalition move for summary judgment pursuant to Fed. R. Civ. p. 56. Defendant the Bureau of Land Management ("BLM") and defendant-intervenor Freres Lumbar Company, Inc. ("Freres") 1 each filed cross-motions for summary judgment. For the reasons set forth below, the parties' motions are granted in part and denied in part. BACKGROUND This case involves a challenge to the BLM's authorization...
ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff Rebecca Talbot brings this action against defendant New Seasons Market, alleging that defendant terminated her in violation of the federal Family Medical Leave Act, 29 U.S.C. 2601-2654 (FMLA), and wrongfully discharged her. Defendant moves for summary judgment. I grant the motion. 1 BACKGROUND Plaintiff worked for defendant as a meat clerk in defendant's Sellwood store from July 2002 to December 2002. In January 2003, New Seasons...
OPINION AND ORDER ANN AIKEN, District Judge. Plaintiff, Amy Jo Kennedy, brings this action pursuant to the Social Security Act (the Act), 42 U.S.C. 405(g), to obtain judicial review of a final decision of the Commissioner. The Commissioner denied claimant's applications for Title II disability insurance benefits (DIB) and Title XVI supplemental security income (SSI) disability benefits under the Act. 42 U.S.C. 401-34, 1381-83f. For the reasons set forth below, the Commissioner's decision...
OPINION AND ORDER ON FXI, INC.'S MOTION FOR ATTORNEY FEES GARR M. KING, District Judge. PlaintiffFred Cole brings a complaint alleging disability discrimination under state law, ORS 659A.103 et seq . Defendants KKW Trucking, Inc. and FXI, Inc. removed the complaint on the basis of diversity jurisdiction on June 22,2011. In a hearing on October 25, 2012, I dismissed FXI with prejudice on the basis of its motion for summary judgment. FXI subsequently filed a Motion for Attorney Fees [39]...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff Brandi Lynn Cain brings this action seeking judicial review of the Commissioner's final decision to deny disability insurance benefits and supplemental security income. This court has jurisdiction under 42 U.S.C. 405 (g) (incorporated by 42 U.S.C. 1382(c)(3)). I affirm the Commissioner's decision for the following reasons. PROCEDURAL BACKGROUND Plaintiff protectively filed for disability insurance benefits and supplemental...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. Plaintiff REC Boats, LLC, brings this fraud and negligent misrepresentation action against defendant RP/PHL Marine Leasing, LLC. 1 The claims arise out of plaintiff's purchase of the M/V MISS KATIE ("MISS KATIE") from defendant. Defendant moves for summary judgment on both claims. I grant the motion in part and deny it in part. BACKGROUND The MISS KATIE is a coastwise supply vessel servicing offshore oil fields in the Gulf of Mexico....
OPINION AND ORDER SIMON, District Judge. Plaintiff commenced this putative class action in federal court, invoking minimal diversity subject-matter jurisdiction under the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. 1332(d), 1453, and 1711-1715. The Court, acting sua sponte, ordered the parties to show cause why the Court should not dismiss this case without prejudice, pursuant to either the "local controversy" mandatory exception to CAFA jurisdiction, 28 U.S.C. 1332(d)(4)(A),...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Hubel issued a Findings and Recommendation (#20) on September 12, 2012, in which he recommends that this Court affirm the Commissioner's decision to deny Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") to Plaintiff. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff timely filed objections to the Magistrate Judge's Findings and...
OPINION AND ORDER SIMON, District Judge. In 2008, Plaintiffs Doyle and Shelly Higley (the "Higleys") obtained a loan secured by a trust deed to purchase property. When they defaulted on the loan two years later, Northwest Trustee Services and Defendant Flagstar Bank, FSB ("Flagstar") commenced the nonjudicial foreclosure process set forth in the Oregon Trust Deed Act ("OTDA"), Or.Rev.Stat. 86.705 — 86.795. In this action, the Higleys assert two claims for relief and seek a declaration that...
OPINION & ORDER MARCO A. HERNANDEZ, District Judge. This action arises out of a union election in which Peter Savage ("Savage") campaigned against Doug Tweedy ("Tweedy") for the position of Executive Secretary Treasurer ("EST") of the Pacific Northwest Regional Council of Carpenters ("Council" or "Regional Council"). Now before me is a motion to dismiss (doc. #63) pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure ("Rule") filed by Tweedy, the United Brotherhood of Carpenters...
OPINION AND ORDER MICHAEL W. MOSMAN, District Judge. Petitioner, an inmate at the Federal Correctional Institution, Sheridan, Oregon ("FCI Sheridan"), brings this habeas corpus action pursuant to 28 U.S.C. 2241. Petitioner alleges his rights to due process were violated when he was placed in administrative detention during a security investigation and his participation in the Residential Drug Abuse Treatment Program ("RDAP") was interrupted; and when he did not receive written notice of the...
FINDINGS AND RECOMMENDATION JOHN JELDERKS, Magistrate Judge. Plaintiff Isa Alijaj 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 Disability Income Benefits (DIB) under the Social Security Act (the Act). For the reasons set out below, the Commissioner's decision should be reversed, and this action should be remanded for an award of benefits. Procedural...
