OPINION AND ORDER MICHAEL McSHANE , District Judge . On June 26, 2015, Plaintiff Jennifer Raymond filed this negligence action stemming from a July 4, 2013, accident within Defendant Safeway's store in Lebanon, Oregon. See generally Pl. Compl. 1-2. The Defendants now move to dismiss or, in the alternative, for summary judgment, alleging that Plaintiff did not commence this action within the statute of limitations because she did not serve Defendants within the relevant statutory period...
ORDER AUTHORIZING ATTORNEY FEES UNDER 42 U.S.C 406(B) MICHAEL McSHANE , Magistrate Judge . Pursuant to 42 USC 406(b), reasonable attorney fees in the amount of $23,045.60 are hereby awarded to Plaintiff's attorney, Nancy J. Meserow. Previously, this Court awarded Plaintiff EAJA fees in the amount of $6,283.87, which were paid to Plaintiff's attorney, Ms. Meserow, pursuant to the Equal Access to Justice Act (EAJA), 28 USC 2412(d). When issuing the 406(b) check, therefore, the Agency is...
REPORT & RECOMMENDATION MARK D. CLARKE , Magistrate Judge . Plaintiffs Orbital Publishing Group, Inc. ("Orbital") and Liberty Publishers Service, Inc. ("Liberty") allege Defendants Bridget Wells ("Wells") and Periodical Watchguard, LLC ("Periodical Watchguard") tortiously interfered with their magazine subscription business by disseminating false and harmful information about their business practices to magazine publishers, banks, and governmental agencies across the country. Currently...
FINDINGS AND RECOMMENDATION STACIE F. BECKERMAN , Magistrate Judge . Tyrone Blocker ("Plaintiff") brings this pro se action against eBay, Inc. ("eBay"), Universal Music Corporation ("Universal"), Bandmine, Inc. ("Bandmine"), and SnoCap, Inc. ("SnoCap") (collectively, "Defendants"). 1 Universal and eBay have moved to dismiss Plaintiff's Fourth Amended Complaint for failure to state a claim upon which relief may be granted. See FED. R. CIV. P. 12(b)(6). For the reasons discussed below,...
OPINION AND ORDER MICHAEL W. MOSMAN , District Judge . On December 1, 2015, Magistrate Judge Patricia Sullivan issued her Findings and Recommendation (F&R) [24], recommending that Defendant's Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction, and Motion to Transfer Venue to New Jersey [14] should be DENIED. Judge Sullivan also recommended that Plaintiff's Motion to Transfer Venue to Idaho [12] should be GRANTED. No objections to the Findings and...
OPINION AND ORDER JOHN V. ACOSTA , Magistrate Judge . Introduction Plaintiffs Voltage Pictures, LLC ("Voltage") and Dallas Buyers Club, LLC ("DBC") (collectively "Plaintiffs") filed a complaint against Ryan Blake ("Blake") alleging violations of federal copyright law and state trademark law. Plaintiffs seek injunctive and monetary relief, including fees and costs. In his answer, Blake asserted several affirmative defenses and two counterclaims against Plaintiffs. Currently before the...
OPINION AND ORDER Michael H. Simon , District Judge . This case requires the Court to decide whether the First Amendment allows a Mayor or his or her designee, acting pursuant to a city ordinance, to exclude a person, potentially indefinitely, from attending future City Council meetings to which the public is otherwise invited to attend and present their opinions simply because the person has been disruptive at previous meetings. The First Amendment protects, among other things, "freedom...
OPINION AND ORDER MICHAEL McSHANE , District Judge . Plaintiffs Brad Ballantyne and his three minor children bring this 42 U.S.C. 1983 action against various officers of the Oregon Department of Corrections. Plaintiffs allege defendants violated their rights of freedom of association and right to maintain familial relationships under the First and Fourteenth Amendments. Because each individually named defendant is entitled to qualified immunity, defendants' motion for summary judgment,...
OPINION AND ORDER MICHAEL J. McSHANE , District Judge . Magistrate Judge Patricia Sullivan filed a Findings and Recommendation (ECF No. 18), and the matter is now before this Court. See 28 U.S.C. 636(b)(l)(B); Fed.R.Civ.P. 72(b). Plaintiff filed objections to the report. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. 636(b)(l)(c); lYJcDonnell Douglas Corp. v. Commodore Bus. lYJach., Inc., 656 F.2d 1309 , 1313 (9th Cir. 1981). I find no error and...
OPINION AND ORDER JOHN JELDERKS , Magistrate Judge . Plaintiff Christine Jensen 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 Insurance Benefits (DIB) and Supplemental Security Income (SSI) under the Social Security Act (the Act). Plaintiff seeks an Order remanding this action to the Social Security Administration (the Agency) for an award of...
OPINION AND ORDER Michael H. Simon , District Judge . Plaintiffs Northwest Environmental Defense Center, the Center for Biological Diversity, and Neighbors for Clean Air (collectively "Plaintiffs") bring action under the citizen suit provision in 304 of the Clean Air Act ("CAA"), 42 U.S.C. 7604. The defendants are Cascade Kelly Holdings LLC, doing business as Columbia Pacific Bio-Refinery ("CPBR"), and Global Partners LP (collectively "Defendants"). Plaintiffs allege that Defendants...
OPINION & ORDER MARCO A. HERN NDEZ , District Judge . Plaintiff KEE Action Sports ("KEE") holds several patents related to paintball guns. Defendant SunWorld manufactures paintball guns and sells them in the United States through its distributor, Defendant Amazone (collectively "Defendants"). The parties entered into an agreement under which KEE gave SunWorld a license to manufacture paintball guns that utilized KEE's patents. The relationship broke down, and KEE sued SunWorld and Amazone...
ORDER MARK D. CLARKE , Magistrate Judge . As authorized by 28 U.S.C. 2412 and 1920 and subject to the terms of the stipulation of the parties, it is hereby ORDERED that the attorney fees in the amount of $4629.86 and expenses in the amount of $20.40 for certified mailings be awarded to Plaintiff pursuant to Astrue v. Ratliff, 130 S.Ct.2521 (2010) and Tobeler v. Colvin, 749 F.3d 830 (9th Cir. 2014). IT IS SO ORDERED.
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff Brian Scott Fenlon is a prisoner in the Santiam Correctional Institution. Plaintiff brings pro se claims against Defendant Andy Alvarado ("Alvarado"), 1 alleging violations of 42 U.S.C. 1983 and the federal Prison Rape Elimination Act ("PREA"), 42 U.S.C. 15602, et seq. Alvarado moves to dismiss the claims against him on the grounds that Plaintiff failed timely to serve Alvarado and that Plaintiff's allegations fail...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Tamara Marie Shafer ("Plaintiff") seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for Supplemental Security Income Benefits ("SSI"). For the following reasons, the Commissioner's decision is REVERSED and this case is REMANDED for an award of benefits. STANDARD OF REVIEW The district court must affirm the Commissioner's decision if it is...
ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge John V. Acosta issued a Findings and Recommendation [20] on November 6, 2015, in which he recommends that this Court affirm the Commissioner's final decision denying Stone's application for disability insurance benefits under Title II of the Social Security Act. 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 neither party timely filed an objection to the...
ORDER ANNA J. BROWN , District Judge . Magistrate Judge Paul Papak issued Findings and Recommendation (#17) on November 4, 2015, in which he recommends the Court affirm the Commissioner's decision denying Plaintiff's application for disability insurance benefits. Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court 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...
FINDINGS OF FACT AND CONCLUSIONS OF LAW MARCO A. HERN NDEZ , District Judge . Plaintiff Jaimee Atwood brought this employment discrimination action against her former employer, Defendant PCC Structurals, Inc. Plaintiff brought claims under state and federal law, alleging interference with the federal Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601-2654; retaliation based on the use of FMLA; interference with the Oregon Family Leave Act (OFLA), O.R.S. 659A.150-659A.186;...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Eric Bradford Pies ("Claimant") seeks judicial review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying his application for disability insurance benefits ("DIB"). After Claimant filed his opening brief, the Commissioner moved for an order remanding the case for further proceedings. Claimant replied, arguing that the case should be remanded for an award of benefits. For the...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . From 2004 through September 2014, Plaintiff Dan Heine ("Heine") was President, Chief Executive Officer, co-founder, and a member of the Board of Directors of Defendant The Bank of Oswego (the "Bank"). In June 2015, a federal grand jury indicted both Heine and Diana Yates ("Yates") 1 for conspiracy to commit bank fraud and making false bank entries, reports, and transactions during the time that Heine and Yates were affiliated with the...
