Oregon District Court
Judge:Marco A Hernandez
Case #: 3:16-cv-00052
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:185 Employee Pension Plan
Case Filed:Jan 13, 2016
Terminated:Mar 16, 2016
Last checked: Monday Jul 11, 2016 2:43 AM PDT
Counter Claimant
Tualatin Hills Swim Club, Inc.
Represented By
Caroline R. Guest
Ogletree Deakins Nash Smoak & Stewart P.C.
contact info
Kathryn P. Roberts
Ogletree Deakins Nash Smoak & Stewart P.C.
contact info
Counter Defendant
Linck Bergen
Represented By
Fred W. Anderson
Anderson & Anderson
contact info
Defendant
Tualatin Hills Swim Club, Inc.
Represented By
Caroline R. Guest
Ogletree Deakins Nash Smoak & Stewart P.C.
contact info
Kathryn P. Roberts
Ogletree Deakins Nash Smoak & Stewart P.C.
contact info
Plaintiff
Linck Bergen
Represented By
Fred W. Anderson
Anderson & Anderson
contact info

GPO Mar 16 2016
OPINION & ORDER: The Court grants Plaintiff's Motion to Remand 9. Taking into account Plaintiff's Notice of Unavailability 15, Plaintiff is granted until March 30, 2016 to submit additional documentation in support of his request for attorneys fees. Defendant is granted 10 days thereafter to respond if it disputes the amount claimed by Plaintiff. See 10-page opinion & order attached. Signed on 3/16/2016 by Judge Marco A. Hernandez. (mr)
GPO May 11 2016
OPINION & ORDER: Plaintiff's request for attorney's fees 9 is granted in part. Plaintiff is awarded $8,556.90 in attorney's fees. See 9-page opinion & order attached. Signed on 5/11/2016 by Judge Marco A. Hernandez. (mr)

Docket last updated: 12/20/2024 11:59 PM PST
Wednesday, May 11, 2016
29 29 9 pgs order Opinion Order Wed 05/11 4:19 PM
OPINION & ORDER: Plaintiff's request for attorney's fees9 is granted in part. Plaintiff is awarded $8,556.90 in attorney's fees. See 9-page opinion & order attached. Signed on 5/11/2016 by Judge Marco A. Hernandez. (mr)
Related: [-]
Wednesday, April 13, 2016
28 28 order Order on Motion for Leave Wed 04/13 11:01 AM
ORDER: Granting Application for Leave to File Reply 26 . The Court accepts Plaintiff's filings Reply23 and Declaration24 made on 4/11/2016, and this matter was taken under advisement as of 4/12/2016. Ordered by Judge Marco A. Hernandez. (mr)
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Tuesday, April 12, 2016
27 27 oth_sup Declaration Tue 04/12 4:51 PM
Declaration of Fred W. Anderson . Filed by Linck Bergen. (Anderson, Fred)
Related: [-]
Att: 1 Attachment Cert of Service
Monday, April 11, 2016
25 25 oth_evt Acknowledgment of Transmittal of Case to State Court Tue 04/12 2:07 PM
Acknowledgment from Washington County Circuit Court of Transmittal of Case to State Court19 . (dsg)
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24 24 oth_sup Declaration Mon 04/11 11:59 AM
Declaration of Fred W. Anderson . Filed by All Plaintiffs. (Anderson, Fred)
Related: [-]
Att: 1 Attachment,
Att: 2 Attachment
23 23 resp Reply to Motion Mon 04/11 11:56 AM
Reply to Motion to Remand to State Court Motion to Remand 9 . Filed by All Plaintiffs. (Anderson, Fred)
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Thursday, April 07, 2016
22 22 oth_sup Declaration Thu 04/07 2:59 PM
Declaration of Kathryn P. Roberts in Support of Defendant Tualatin Hills Swim Club, Inc.'s Response to Plaintiff's Request for Attorney's Fees . Filed by Tualatin Hills Swim Club, Inc.. Related [+] (Roberts, Kathryn)
Related: [-] Response to Motion21 .
Att: 1 Exhibit 1-3
21 21 resp Response to Motion Thu 04/07 2:56 PM
Response to Plaintiff's Request for Attorney's Fees . Filed by Tualatin Hills Swim Club, Inc.. (Roberts, Kathryn)
Related: [-]
Monday, March 28, 2016
20 20 oth_sup Declaration Mon 03/28 10:51 AM
Declaration of Fred W. Anderson . Filed by Linck Bergen. (Anderson, Fred)
Related: [-]
Att: 1 Attachment
Friday, March 18, 2016
19 19 oth_evt Transmittal of Case to State Court Fri 03/18 8:42 AM
Transmittal of Certified Copy of Docket Sheet and certified copy of Order on motion to remand18 to Washington County Circuit Court. (dsg)
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Wednesday, March 16, 2016
18 18 order Order on Motion to Remand Thu 03/17 8:10 AM
OPINION & ORDER: The Court grants Plaintiff's Motion to Remand9 . Taking into account Plaintiff's Notice of Unavailability15 , Plaintiff is granted until March 30, 2016 to submit additional documentation in support of his request for attorneys fees. Defendant is granted 10 days thereafter to respond if it disputes the amount claimed by Plaintiff. See 10-page opinion & order attached. Signed on 3/16/2016 by Judge Marco A. Hernandez. (mr)
Related: [-]
Tuesday, March 01, 2016
17 17 resp Response in Opposition to Motion Tue 03/01 2:21 PM
Response in Opposition to Motion to Remand to State Court Motion to Remand 9 . Filed by Linck Bergen. (Anderson, Fred)
Related: [-]
Att: 1 Attachment Letter from Atty Guest 3-15-15,
Att: 2 Attachment Cert of Service
16 16 resp Response in Opposition to Motion Tue 03/01 2:15 PM
Response in Opposition to Motion to Remand to State Court Motion to Remand 9 . Filed by Linck Bergen. (Anderson, Fred)
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15 15 notice Notice Tue 03/01 2:03 PM
Notice Filed by Linck Bergen (Anderson, Fred)
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Att: 1 Attachment
Monday, February 29, 2016
14 14 oth_sup Declaration Mon 02/29 12:31 PM
Declaration of Caroline R. Guest in Support of Defendant's Response to Plaintiff's Motion to Remand . Filed by Tualatin Hills Swim Club, Inc.. Related [+] (Guest, Caroline)
Related: [-] Response to Motion13 .
Att: 1 Exhibit 1-5
13 13 resp Response to Motion Mon 02/29 12:22 PM
Response to Motion to Remand to State Court Motion to Remand 9 Oral Argument requested. Filed by Tualatin Hills Swim Club, Inc.. (Guest, Caroline)
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Wednesday, February 17, 2016
12 12 answer Answer to Counterclaim Wed 02/17 11:17 AM
Answer to5 Answer to Complaint, Counterclaim . Filed by Linck Bergen. (Anderson, Fred)
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Att: 1 Attachment Certificate of Service
Tuesday, February 16, 2016
11 11 order Order Tue 02/16 1:46 PM
Scheduling Order: The case management deadlines set in this matter are suspended and will be reset, as necessary, after ruling on the pending motion to remand. Ordered by Judge Marco A. Hernandez. (mr)
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Thursday, February 11, 2016
10 10 order Order on Motion to Remand Thu 02/11 8:01 AM
ORDER: Striking Motion to Remand6 as it was refiled by plaintiff as Motion to Remand9 . The Clerk shall so amend the docket. Ordered by Judge Marco A. Hernandez. (mr)
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Wednesday, February 10, 2016
9 9 motion Remand Wed 02/10 4:45 PM
Motion to Remand to State Court Motion to Remand . Filed by Linck Bergen. (Anderson, Fred)
Related: [-]
8 8 9 pgs oth_sup Memorandum in Support of Motion Wed 02/10 4:22 PM
Memorandum in Support . Filed by Linck Bergen. Related [+] (Anderson, Fred)
Related: [-] Motion to Remand6 .
Att: 1 Certificate of Compliance,
Att: 2 Certificate of Service
7 7 3 pgs oth_sup Declaration Wed 02/10 4:19 PM
Declaration of Fred W. Anderson . Filed by Linck Bergen. Related [+] (Anderson, Fred)
Related: [-] Motion to Remand6 .
Att: 1 Attachment
6 6 motion Remand Wed 02/10 4:16 PM
Motion to Remand to State Court Motion to Remand . Filed by All Plaintiffs. (Anderson, Fred)
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Wednesday, January 20, 2016
5 5 9 pgs answer Answer to Complaint Counterclaim Wed 01/20 3:51 PM
Answer to Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 , Counterclaim Linck Bergen. Filed by Tualatin Hills Swim Club, Inc.. (Guest, Caroline)
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Wednesday, January 13, 2016
4 4 7 pgs order 3 - Discovery and Pretrial Scheduling Order - FORM EVENT Wed 01/13 10:55 AM
Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 5/12/2016. Joint Alternate Dispute Resolution Report is due by 6/13/2016. Pretrial Order is due by 6/13/2016. Ordered by Judge Marco A. Hernandez. (dsg)
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3 3 oth_doc Corporate Disclosure Statement Wed 01/13 9:38 AM
Corporate Disclosure Statement . Filed by Tualatin Hills Swim Club, Inc.. (Guest, Caroline)
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2 2 3 pgs oth_sup Declaration Wed 01/13 9:36 AM
Declaration of Caroline R. Guest in Support of Defendant's Notice of Removal . Filed by Tualatin Hills Swim Club, Inc.. Related [+] (Guest, Caroline)
Related: [-] Notice of Removal,1 .
Att: 1 Exhibit 1-5
1 1 7 pgs cmp Notice of Removal Wed 01/13 9:30 AM
Notice of Removal of Case Number C155499CV from Washington County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-4440684 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Tualatin Hills Swim Club, Inc.. (Guest, Caroline)
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Att: 1 Civil Cover Sheet