BIRDWELL & JANKE, LLP v. FARKAS et al
| Oregon District Court | |
| Judge: | Youlee Yim You |
| Case #: | 3:18-cv-00910 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | May 24, 2018 |
| Terminated: | Jul 12, 2019 |
| Last checked: Tuesday Nov 20, 2018 12:49 AM PST |
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Defendant
Brain Window, Inc.
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Represented By
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Defendant
Cascade Technologies Corp.
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Represented By
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Defendant
Daniel L. Farkas
an individual
Los Angeles, CA 90046 |
Represented By
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Defendant
Spectral Molecular Imaging, Inc.
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Represented By
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Plaintiff
Birdwell & Janke, LLP
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Represented By
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GPO
Nov 20 2018
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Magistrate Judge You's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Magistrate Judge You's Findings and Recommendation, ECF 27. Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (ECF 5) and Motion to Dismiss or Transfer for Improper Venue (ECF 6) are DENIED. Signed on 11/20/2018 by Judge Michael H. Simon. (mja) |
| Docket last updated: 1 hours ago |
| Friday, July 12, 2019 | ||
| 47 | 47
notice
Voluntary Dismissal of Case
Fri 07/12 9:02 AM
Stipulated Notice of Voluntary Dismissal with Prejudice Filed by William Birdwell, Birdwell & Janke, LLP. (Sweitzer, Graham) |
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| Tuesday, April 30, 2019 | ||
| 46 | 46
order
Protective Order
Tue 04/30 9:34 AM
STIPULATED PROTECTIVE ORDER. Signed on April 30, 2019 by Magistrate Judge Youlee Yim You. (eo) |
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| Monday, April 29, 2019 | ||
| 45 | 45
motion
Protective Order
Mon 04/29 7:25 PM
Stipulated Motion for Protective Order . Filed by All Defendants. (DeLuca, Dallas) |
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| Friday, March 29, 2019 | ||
| 44 | 44
notice
Withdrawal of Attorney
Fri 03/29 3:06 PM
Notice of Attorney Withdrawal: Filed by William Birdwell, Birdwell & Janke, LLP. (Voorhees, Stephen) |
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| Wednesday, March 27, 2019 | ||
| 43 | 43
notice
Attorney Association
Wed 03/27 2:48 PM
Notice of Association of Attorney Graham M. Sweitzer,Graham M. Sweitzer for Birdwell & Janke, LLP,Graham M. Sweitzer for Birdwell & Janke, LLP,Graham M. Sweitzer for William Birdwell,Graham M. Sweitzer for William Birdwell,Graham M. Sweitzer for William Birdwell. Filed by Birdwell & Janke, LLP, William Birdwell. (Sweitzer, Graham) |
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| Tuesday, March 26, 2019 | ||
| 42 | 42
oth_ans
Reply
Tue 03/26 2:51 PM
Reply and Third-Party Defendants' Answer . Filed by William Birdwell, Birdwell & Janke, LLP. (Voorhees, Stephen) |
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| Tuesday, January 29, 2019 | ||
| 41 | 41
order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Tue 01/29 11:11 AM
ORDER: Granting Plaintiff and Third-Party Defendants' Unopposed Motion40 for Extension of Time to Respond to Defendants' Answer, Affirmative Defenses, and Counterclaim, and Third-Party Claims to March 29, 2019. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| 40 | 40
motion
Extension of Time to Answer a Complaint/Petition
Tue 01/29 9:55 AM
Unopposed Motion for Extension of Time to Answer Affirmative Defenses, Counterclaim, and Third-Party Claims . Filed by Birdwell & Janke, LLP, William Birdwell. (Voorhees, Stephen) |
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| Thursday, January 10, 2019 | ||
| 39 | 39
service
Acceptance/Acknowledgment of Service
Thu 01/10 4:21 PM
Acceptance/Acknowledgement of Service of Summons Issued37 on William Birdwell served on 1/10/2019 Filed by Brain Window, Inc.; Spectral Molecular Imaging, Inc.; Daniel L. Farkas; Cascade Technologies Corp.. (DeLuca, Dallas) |
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| 38 | 38
minute
Rule 16 Conference
Thu 01/10 9:50 AM
MINUTES of Proceedings: Telephonic Rule 16 Conference held on 1/10/2019. Notice Regarding Civil Case Procedures attached. The Court ADOPTS the Parties Joint Report36 as follows with the additional deadline to amend pleadings, which is set for 7/26/2019. Fact Discovery is to be completed by 8/9/2019. Joint ADR Report is waived, as the parties have already engaged in settlement discussions. Each party to serve simultaneous expert disclosures on issues for which it bears the burden of proof by 9/20/2019. Each party to serve simultaneous expert disclosures on issues for which the opposing party bears the burden of proof by 10/18/2019. Each party to serve any rebuttal expert disclosures permitted by Federal Rule of Civil Procedure 26 by 11/8/2019. Parties to complete depositions of experts by 12/20/2019. Dispositive Motions, if any, are due by 1/31/2020. Any discovery matters will be handled on an informal basis. Unless otherwise ordered, in the event a discovery motion is filed, no written response to the motion will be required. S. Ward Greene present as counsel for plaintiff. Dallas DeLuca and Nathan D. Burcham present as counsel for defendants. Third-Party Defendant William Birdwell present. Court Reporter: None. Magistrate Judge Youlee Yim You presiding. (pvh) |
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| 37 | 37
service
Summons Issued
Thu 01/10 8:25 AM
Summons Issued Electronically as to William Birdwell. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp) |
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| Wednesday, January 09, 2019 | ||
| 36 | 36
oth_doc
Joint Status Report
Wed 01/09 3:21 PM
Joint Status Report . Filed by All Defendants. (DeLuca, Dallas) |
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| Monday, January 07, 2019 | ||
| 35 | 35
answer
Answer to Complaint - Notice of Removal Complaint - Third Party Counterclaim
Mon 01/07 5:06 PM
Defendants' Answer to Complaint following a Notice of Removal with Jury Demand , Third Party Complaint against William Birdwell dba Law Office of William A. Birdwell , Counterclaim Birdwell & Janke, LLP, William Birdwell. Filed by Spectral Molecular Imaging, Inc., Daniel L. Farkas, Cascade Technologies Corp., Brain Window, Inc.. (DeLuca, Dallas) |
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Att: 1
Proposed Document Third-Part Summons
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| Wednesday, December 19, 2018 | ||
| 34 | 34
order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Wed 12/19 4:35 PM
ORDER: Defendants' Unopposed Motion for Extension of Time to Answer32 is GRANTED. Answer or other responsive pleading is due by 1/7/2019. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| 33 | 33
oth_sup
Declaration
Wed 12/19 3:06 PM
Declaration of Dallas DeLuca in Support of Unopposed Motion for Extension of Time . Filed by All Defendants. (DeLuca, Dallas) |
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| 32 | 32
motion
Extension of Time to Answer a Complaint/Petition
Wed 12/19 3:05 PM
Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (DeLuca, Dallas) |
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| Friday, December 14, 2018 | ||
| 31 | 31
order
1 - Scheduling
Fri 12/14 10:30 AM
Scheduling Order : SETTING a Telephonic Rule 16 Conference for Thursday, 1/10/2019, at 09:00AM (by telephone) before Magistrate Judge Youlee Yim You. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| Tuesday, December 11, 2018 | ||
| 30 | 30
notice
Attorney Substitution
Tue 12/11 3:54 PM
Notice of Attorney Substitution:Attorney Dallas DeLuca is substituted as counsel of record in place of Attorney Aaron J. Cronan Filed by All Defendants. (DeLuca, Dallas) |
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| Tuesday, November 20, 2018 | ||
| 29 | 29
2
pgs
order
Order on Findings & Recommendation Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Change or Transfer Venue
Tue 11/20 11:22 AM
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Magistrate Judge You's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Magistrate Judge You's Findings and Recommendation, ECF27 . Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (ECF5 ) and Motion to Dismiss or Transfer for Improper Venue (ECF6 ) are DENIED. Signed on 11/20/2018 by Judge Michael H. Simon. (mja) |
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| Friday, October 19, 2018 | ||
| 28 | 28
order
Findings & Recommendation Referred
Fri 10/19 4:21 PM
ORDER : referring Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(b)(2) (ECF #5 ), Motion to Dismiss or Transfer for Improper Venue Pursuant to FRCP 12(b)(3) (ECF #6 ), and Findings & Recommendations27 , to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| 27 | 27
motion
Findings & Recommendation
Fri 10/19 4:14 PM
Findings & Recommendation : Defendants' Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(b)(2) (ECF #5 ) and Motion to Dismiss or Transfer for Improper Venue Pursuant to FRCP 12(b)(3) (ECF #6 ) should be DENIED. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Friday, November 02, 2018. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 10/19/2018 by Magistrate Judge Youlee Yim You. (pvh) |
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| Tuesday, August 21, 2018 | ||
| 26 | 26
minute
Motion Hearing Held
Tue 08/21 5:07 PM
MINUTES of Proceedings: Telephone Oral Argument Hearing held on 8/21/2018 regarding Motion to Dismiss/Lack of Jurisdiction5 and Motion to Dismiss, Motion to change/transfer venue6 . Motions are taken under advisement as of 8/21/2018. S. Ward Greene present as counsel for plaintiff(s). Thomas K. Emmitt present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge Youlee Yim You presiding. (pvh) |
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| Tuesday, August 14, 2018 | ||
| 25 | 25
order
Order on Motion for Leave
Tue 08/14 1:56 PM
ORDER: Granting Motion for Leave to file a SurReply17 and striking oral argument from the court calendar as to that motion only (oral argument will proceed as scheduled as to other pending motions). As the SurReply is already in the court record, plaintiff need not refile it. Ordered by Magistrate Judge Youlee Yim You. (yy1) |
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| Wednesday, August 01, 2018 | ||
| 24 | 24
order
1 - Scheduling
Wed 08/01 4:37 PM
Scheduling Order : SETTING Telephonic Oral Argument for Tuesday, 8/21/2018 at 09:30AM (by telephone) before Magistrate Judge Youlee Yim You regarding Motion to Dismiss for Lack of Jurisdiction5 , Motion to Dismiss For Improper Venue Alternative Motion to Change or Transfer Venue 6 , and Motion for Leave to file Surreply Brief in opposition to defendants' Joint Motions to Dismiss 17 . Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| 23 | 23
attyadm
Notification of New Pro Hac Vice or MDL CM/ECF Account
Wed 08/01 7:33 AM
Notification of CM/ECF Account for Thomas K. Emmitt ( Pro Hac Vice admission). Your login is: tkemmitt . Go to[LINK:the CM/ECF login page] to set your password. (ecp) |
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| 22 | 22
order
Special Admission to Appear Pro Hac Vice
Wed 08/01 7:31 AM
ORDER: Granting Application for Special Admission Pro Hac Vice of Thomas K. Emmitt for Brain Window, Inc., Cascade Technologies Corp., Daniel L. Farkas, Spectral Molecular Imaging, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5502150 issued. Signed on 8/1/2018 by Magistrate Judge Youlee Yim You. (ecp) |
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| Tuesday, July 31, 2018 | ||
| 21 | 21
motion
Appear Pro Hac Vice
Tue 07/31 4:26 PM
Motion for Leave to Appear Pro Hac Vice for Attorney Thomas K. Emmitt . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5502150. Filed by All Defendants. (Cronan, Aaron) |
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| Friday, July 20, 2018 | ||
| 20 | 20
4
pgs
resp
Memorandum in Opposition
Fri 07/20 4:07 PM
Memorandum in Opposition to Motion for Leave to file Surreply Brief in opposition to defendants' Joint Motions to Dismiss 17 . Filed by All Defendants. (Cronan, Aaron) |
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| Thursday, July 19, 2018 | ||
| 19 | 19
oth_sup
Declaration
Thu 07/19 1:31 PM
Declaration of WIlliam A. Birdwell in support of Plaintiff's Surreply Brief . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| 18 | 18
oth_sup
Brief
Thu 07/19 1:28 PM
Brief Plaintiff's Surreply Brief . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| 17 | 17
motion
Leave
Thu 07/19 1:23 PM
Motion for Leave to file Surreply Brief in opposition to defendants' Joint Motions to Dismiss . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| Friday, July 13, 2018 | ||
| 16 | 16
limited
Consent to Magistrate - by Party
Fri 07/13 12:40 PM
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| Wednesday, July 11, 2018 | ||
| 15 | 15
oth_sup
Declaration
Wed 07/11 5:42 PM
Declaration of Timothy F. Umbreit IN SUPPORT OF DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION, FOR LACK OF VENUE OR ALTERNATIVELY, TO TRANSFER . Filed by All Defendants. (Cronan, Aaron) |
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Att: 1
Exhibit Deed
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| 14 | 14
oth_sup
Declaration
Wed 07/11 5:38 PM
Declaration of Dr. Daniel L. Farkas IN SUPPORT OF DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION, FOR LACK OF VENUE OR ALTERNATIVELY, TO TRANSFER . Filed by All Defendants. (Cronan, Aaron) |
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Att: 1
Exhibit Email from Birdwell,
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Att: 2
Exhibit Email from Birdwell,
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Att: 3
Exhibit Email from Birdwell,
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Att: 4
Exhibit Email from Birdwell,
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Att: 5
Exhibit Email from Birdwell
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| 13 | 13
resp
Reply to Motion
Wed 07/11 5:28 PM
Reply TO PLAINTIFFS OPPOSITION to Motion to Dismiss for Lack of Jurisdiction 5 , Motion to Dismiss For Improper Venue Alternative Motion to Change or Transfer Venue 6 . Filed by All Defendants. (Cronan, Aaron) |
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| Thursday, June 28, 2018 | ||
| 12 | 12
oth_sup
Declaration
Thu 06/28 1:42 PM
Declaration of Garth Janke . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| 11 | 11
oth_sup
Declaration
Thu 06/28 1:40 PM
Declaration of William A. Birdwell . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8
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| 10 | 10
resp
Response in Opposition to Motion
Thu 06/28 1:27 PM
Response in Opposition to Motion to Dismiss For Improper Venue Alternative Motion to Change or Transfer Venue 6 , Motion to Dismiss for Lack of Jurisdiction 5 . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| Friday, June 08, 2018 | ||
| 9 | 9
order
Order on Motion for Extension of Time to File Response/Reply to Motion
Fri 06/08 5:03 PM
ORDER: Plaintiff's Unopposed Motion8 for Extension of Time to File Response/Reply to Motions to Dismiss5 and6 is GRANTED. Response is due by 6/28/2018. Ordered by Magistrate Judge Youlee Yim You. (pvh) |
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| 8 | 8
motion
Extension of Time to File Response/Reply to Motion
Fri 06/08 2:43 PM
Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction 5 , Motion to Dismiss For Improper Venue Alternative Motion to Change or Transfer Venue 6 . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| Thursday, May 31, 2018 | ||
| 7 | 7
oth_sup
Declaration
Thu 05/31 2:29 PM
Declaration of Dr. Daniel L. Farkas . Filed by All Defendants. (Cronan, Aaron) |
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Att: 1
Exhibit Ex 1 Cal Bar Listing,
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Att: 2
Exhibit Ex 2 Engagement Letter,
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Att: 3
Exhibit Ex 3 Engagement Letter,
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Att: 4
Exhibit Ex 4 Engagement Letter
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| 6 | 6
motion
Dismiss Change/Transfer Venue
Thu 05/31 2:22 PM
Motion to Dismiss For Improper Venue , Alternative Motion to Change or Transfer Venue . Filed by All Defendants. (Cronan, Aaron) |
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| 5 | 5
motion
Dismiss/Lack of Jurisdiction
Thu 05/31 2:17 PM
Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Cronan, Aaron) |
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| 4 | 4
oth_doc
Corporate Disclosure Statement
Thu 05/31 1:38 PM
Corporate Disclosure Statement of Plaintiff . Filed by Birdwell & Janke, LLP. (Greene, S.) |
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| Tuesday, May 29, 2018 | ||
| 3 | 3
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Tue 05/29 10:12 AM
Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 9/26/2018. Joint Alternate Dispute Resolution Report is due by 10/26/2018. Ordered by Magistrate Judge Youlee Yim You. (ecp) |
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| Thursday, May 24, 2018 | ||
| 2 | 2
oth_doc
Corporate Disclosure Statement
Thu 05/24 2:07 PM
Corporate Disclosure Statement . Filed by All Defendants. (Cronan, Aaron) |
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| 1 | 1
cmp
Notice of Removal
Thu 05/24 2:00 PM
Notice of Removal of Case Number 18CV07242 from Multnomah County, Circuit Court. (Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5423968) Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by SPECTRAL MOLECULAR IMAGING, INC., DANIEL L FARKAS, ACCELERITAS, INC., CASCADE TECHNOLOGIES CORP., THE BRAIN WINDOW, INC., EPILUMINA, INC.. (Cronan, Aaron) Added Payment Information on 5/24/2018 (joha) |
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Att: 1
Exhibit Ex A Complaint,
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Att: 2
Exhibit Ex B Summons,
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Att: 3
Civil Cover Sheet
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