Odden et al v. Brown et al
| Oregon District Court | |
| Judge: | Michael H Simon |
| Case #: | 3:22-cv-01086 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 26, 2022 |
| Terminated: | May 15, 2023 |
| Last checked: Sunday Jan 22, 2023 12:55 AM PST |
|
Defendant
Kate Brown
Governor of Oregon 900 Court Street NE
Salem, OR 97301 |
Represented By
|
|
Defendant
Paul Rosenbaum
|
Represented By
|
|
Defendant
Ellen Rosenblum
Attorney General of Oregon Oregon Attorney General 1162 Court Street NE
Salem, OR 97301 |
Represented By
|
|
Defendant
Jennifer Currin
|
|
|
Defendant
Dennis Doherty
|
|
|
Defendant
Kiauna Floyd
|
|
|
Defendant
Fay Gyapong-Porter
|
|
|
Defendant
Matt Maletis
|
|
|
Defendant
Marvin Revoal
|
|
|
Plaintiff
Fortis Brewing Company LLC
2200 NE Andresen Rd
Vancouver, WA 98661 |
Represented By
|
|
Plaintiff
Garden Path Fermentation LLC
11653 Higgins Airport Way
Burlington, WA 98233 |
Represented By
|
|
Plaintiff
Mirage Beer LLC
943 NW 50th St
Seattlw, WA 98107 |
Represented By
|
|
Plaintiff
Joseph Odden
|
Represented By
|
GPO
Feb 17 2023
Opinion and Order - The Court GRANTS IN PART Defendants' Motion to Dismiss (ECF 24), dismissing Plaintiffs' claims against Governor Kotek without prejudice but without leave to amend in this Court, and DENIES Defendants' Motion to Strike Plaintiffs' First Amended Complaint (ECF 28). Signed on 2/17/2023 by Judge Michael H. Simon. (mja) |
| Docket last updated: 9 hours ago |
| Monday, May 15, 2023 | ||
| 49 | 49
oth_doc
Stipulation
Mon 05/15 9:18 AM
Stipulation of Dismissal by Jennifer Currin, Dennis Doherty, Kiauna Floyd, Fay Gyapong-Porter, Matt Maletis, Marvin Revoal, Ellen Rosenblum. Filed by Jennifer Currin, Dennis Doherty, Kiauna Floyd, Fay Gyapong-Porter, Matt Maletis, Marvin Revoal, Ellen Rosenblum. (Joh, YoungWoo) |
|
| Wednesday, March 29, 2023 | ||
| 47 | 47
motion
Stay
Wed 03/29 1:28 PM
Joint Motion for Stay . Filed by Jennifer Currin, Dennis Doherty, Kiauna Floyd, Fay Gyapong-Porter, Matt Maletis, Marvin Revoal, Ellen Rosenblum. (Patel, Bijal) |
|
|
order
Order on Motion for Stay
Wed 03/29 4:48 PM
ORDER - The Court GRANTS the parties' joint motion for stay of proceedings (ECF47 ) for a period of 60 days. Ordered by Judge Michael H. Simon. (mja) |
||
| Friday, March 17, 2023 | ||
| 46 | 46
answer
Answer to Amended Complaint
Fri 03/17 4:12 PM
Answer to42 Amended Complaint . Filed by Ellen Rosenblum, Marvin Revoal, Kiauna Floyd, Jennifer Currin, Fay Gyapong-Porter, Dennis Doherty, Matt Maletis. (Patel, Bijal) |
|
| Wednesday, March 15, 2023 | ||
| 45 | 45
oth_sup
Declaration
Wed 03/15 4:42 PM
Declaration of Robert D. Epstein . Filed by All Plaintiffs. (Avtgis, Alexander) |
|
|
Att: 1
Exhibit A - Odden Affidavit,
|
||
|
Att: 2
Exhibit B - Extract Affidavit,
|
||
|
Att: 3
Exhibit C - DiFabio Affidavit,
|
||
|
Att: 4
Exhibit E - Leigh Expert Report,
|
||
|
Att: 5
Exhibit F - WA DOR Lookup,
|
||
|
Att: 6
Exhibit G - TTB Brewery Count,
|
||
|
Att: 7
Exhibit H - Dept Treasury Feb 2022 Report,
|
||
|
Att: 8
Exhibit I - 2003 FTC Report,
|
||
|
Att: 9
Exhibit J - OLCC Direct Shipper Permit App,
|
||
|
Att: 10
Exhibit K - OLCC Guide to Delivering Alcohol,
|
||
|
Att: 11
Exhibit L - ORS Stats,
|
||
|
Att: 12
Exhibit M - OAR Regs,
|
||
|
Att: 13
Exhibit N - Dept Treasury,
|
||
|
Att: 14
Exhibit O - OLCC Brewery License Privileges,
|
||
|
Att: 15
Exhibit P - OLCC Brewery Public House License Privileges
|
||
| 44 | 44
motion
Summary Judgment
Wed 03/15 4:25 PM
Motion for Summary Judgment and Memorandum in Support of the Motion . Filed by All Plaintiffs. (Avtgis, Alexander) |
|
| Friday, March 03, 2023 | ||
| 43 | 43
service
Acceptance/Acknowledgment of Service
Fri 03/03 1:59 PM
Acceptance/Acknowledgement of Service of Summons Issued,41 , Amended Complaint42 on Marvin Revoal served on 3/3/2023; Kiauna Floyd served on 3/3/2023; Jennifer Currin served on 3/3/2023; Fay Gyapong-Porter served on 3/3/2023; Dennis Doherty served on 3/3/2023; Matt Maletis served on 3/3/2023 Filed by Ellen Rosenblum; Marvin Revoal; Kiauna Floyd; Jennifer Currin; Fay Gyapong-Porter; Dennis Doherty; Matt Maletis. (Joh, YoungWoo) |
|
| Wednesday, March 01, 2023 | ||
| 42 | 42
cmp
Amended Complaint (ALL CASE TYPES)
Wed 03/01 7:08 PM
First Amended Complaint . Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden against All Defendants. (Parker, Judith) |
|
| Monday, February 27, 2023 | ||
| 41 | 41
service
Summons Issued
Mon 02/27 3:59 PM
Summons Issued Electronically as to Jennifer Currin, Dennis Doherty, Kiauna Floyd, Fay Gyapong-Porter, Matt Maletis, Marvin Revoal. 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. (kgc) |
|
| 40 | 40
service
Proposed Summons
Mon 02/27 2:51 PM
Proposed Summons upon Marvin Revoal Filed by All Plaintiffs. (Parker, Judith) |
|
| 39 | 39
service
Proposed Summons
Mon 02/27 2:50 PM
Proposed Summons upon Matt Meletis Filed by All Plaintiffs. (Parker, Judith) |
|
| 38 | 38
service
Proposed Summons
Mon 02/27 2:49 PM
Proposed Summons upon Dennis Doherty Filed by All Plaintiffs. (Parker, Judith) |
|
| 37 | 37
service
Proposed Summons
Mon 02/27 2:48 PM
Proposed Summons upon Kiauna Floyd Filed by All Plaintiffs. (Parker, Judith) |
|
| 36 | 36
service
Proposed Summons
Mon 02/27 2:47 PM
Proposed Summons upon Fay Gyapong-Porter Filed by All Plaintiffs. (Parker, Judith) |
|
| 35 | 35
service
Proposed Summons
Mon 02/27 2:46 PM
Proposed Summons upon Jennifer Currin Filed by All Plaintiffs. (Parker, Judith) |
|
| Thursday, February 23, 2023 | ||
| 33 | 33
motion
Extension of Time to Answer a Complaint/Petition
Thu 02/23 11:57 AM
Unopposed Motion for Extension of Time to Answer Amended Complaint,27 . Filed by Ellen Rosenblum, Paul Rosenbaum, Marvin Revoal, Kiauna Floyd, Jennifer Currin, Fay Gyapong-Porter, Dennis Doherty, Matt Maletis. (Patel, Bijal) |
|
|
order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Thu 02/23 1:10 PM
ORDER - The Court GRANTS Defendants' Unopposed Motion for Extension of Time to Answer,33 . Answer or other responsive pleading is due by March 17, 2023. Ordered by Judge Michael H. Simon. (mja) |
||
| Friday, February 17, 2023 | ||
| 32 | 32
12
pgs
order
Opinion and Order
Fri 02/17 4:41 PM
Opinion and Order - The Court GRANTS IN PART Defendants' Motion to Dismiss (ECF24 ), dismissing Plaintiffs' claims against Governor Kotek without prejudice but without leave to amend in this Court, and DENIES Defendants' Motion to Strike Plaintiffs' First Amended Complaint (ECF28 ). Signed on 2/17/2023 by Judge Michael H. Simon. (mja) |
|
| Thursday, February 02, 2023 | ||
| 31 | 31
notice
Attorney Substitution
Thu 02/02 3:30 PM
Notice of Attorney Substitution: Bijal C Patel is substituted as counsel of record in place of Attorney Shannon M. Vincent . Filed by on behalf of Kate Brown, Paul Rosenbaum, Ellen Rosenblum. (Patel, Bijal) |
|
| Monday, November 14, 2022 | ||
| 30 | 30
resp
Reply to Motion
Mon 11/14 12:57 PM
Reply to Motion to Strike First Amended Complaint,27 28 . Filed by Kate Brown, Paul Rosenbaum, Ellen Rosenblum. (Vincent, Shannon) |
|
| Monday, November 07, 2022 | ||
| 29 | 29
resp
Response in Opposition to Motion
Mon 11/07 6:59 AM
Response in Opposition to Motion to Strike First Amended Complaint,27 28 . Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Avtgis, Alexander) |
|
| Friday, October 28, 2022 | ||
| 28 | 28
motion
Strike
Fri 10/28 10:14 AM
Motion to Strike First Amended Complaint,27 . Filed by Kate Brown, Paul Rosenbaum, Ellen Rosenblum. (Joh, YoungWoo) |
|
| Monday, October 24, 2022 | ||
| 27 | 27
cmp
Amended Complaint (ALL CASE TYPES)
Mon 10/24 11:51 AM
First Amended Complaint , attached to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss . Filed by Joseph Odden, Mirage Beer LLC, Fortis Brewing Company LLC, Garden Path Fermentation LLC against Kate Brown, Paul Rosenbaum, Ellen Rosenblum, Jennifer Currin, Dennis Doherty, Kiauna Floyd, Fay Gyapong-Porter, Matt Maletis, Marvin Revoal. (Avtgis, Alexander) |
|
| Friday, October 21, 2022 | ||
| 26 | 26
resp
Reply to Motion
Fri 10/21 11:30 AM
Reply to Motion to Dismiss for Lack of Jurisdiction 24 . Filed by Kate Brown, Paul Rosenbaum, Ellen Rosenblum. (Joh, YoungWoo) |
|
| Friday, October 07, 2022 | ||
| 25 | 25
resp
Response in Opposition to Motion
Fri 10/07 12:43 PM
Response in Opposition to Motion to Dismiss for Lack of Jurisdiction 24 . Filed by All Plaintiffs. (Avtgis, Alexander) |
|
|
Att: 1
Attachment Proposed First Amended Complaint
|
||
| Wednesday, September 28, 2022 | ||
| 24 | 24
motion
Dismiss/Lack of Jurisdiction
Wed 09/28 3:20 PM
Motion to Dismiss for Lack of Jurisdiction . Filed by Ellen Rosenblum, Paul Rosenbaum, Kate Brown. (Vincent, Shannon) |
|
| Thursday, September 22, 2022 | ||
| 22 | 22
oth_sup
Declaration
Thu 09/22 3:16 PM
Declaration of Shannon M. Vincent in Support of Unopposed Motion for Extension of Time to File Response to Complaint . Filed by Kate Brown, Paul Rosenbaum, Ellen Rosenblum. (Vincent, Shannon) |
|
| 21 | 21
motion
Extension of Time to Answer a Complaint/Petition
Thu 09/22 3:15 PM
Unopposed Motion for Extension of Time to Answer Complaint,1 . Filed by Ellen Rosenblum, Paul Rosenbaum, Kate Brown. (Vincent, Shannon) |
|
|
order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Thu 09/22 4:11 PM
ORDER - The Court GRANTS Defendants' Unopposed Motion for Extension of Time to Answer Complaint, ECF21 . Defendants' answer or other responsive pleading is due by September 28, 2022. Ordered by Judge Michael H. Simon. (mja) |
||
| Thursday, August 18, 2022 | ||
|
order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Thu 08/18 9:03 AM
ORDER - The Court GRANTS Defendants' Motion for Extension of Time to Answer, ECF19 . Defendants answer or other responsive pleading is due by September 23, 2022. Ordered by Judge Michael H. Simon. (mja) |
||
| Wednesday, August 17, 2022 | ||
| 19 | 19
motion
Extension of Time to Answer a Complaint/Petition
Wed 08/17 4:53 PM
Unopposed Motion for Extension of Time to Answer / File Response to Complaint,1 . Filed by All Defendants. (Joh, YoungWoo) |
|
| Monday, August 15, 2022 | ||
| 18 | 18
notice
Attorney Appearance
Mon 08/15 4:14 PM
Notice of Appearance of Sheila H. Potter appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Potter, Sheila) |
|
| Wednesday, August 03, 2022 | ||
| 15 | 15
motion
Leave to Appear Pro Hac Vice
Wed 08/03 11:57 AM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Robert Epstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8606859. Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Epstein, Robert) |
|
| 14 | 14
motion
Leave to Appear Pro Hac Vice
Wed 08/03 11:51 AM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Alexander Avtgis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8606826. Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Avtgis, Alexander) |
|
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Wed 08/03 12:56 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Alexander Avtgis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-860682614 : Reviewed and Ready for Ruling. (ecp) |
||
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Wed 08/03 12:57 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Robert Epstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-860685915 : Reviewed and Ready for Ruling. (ecp) |
||
|
order
Leave to Appear Pro Hac Vice
Wed 08/03 1:39 PM
ORDER - The Court GRANTS Plaintiffs' Motion for Leave to Appear Pro Hac Vice by attorney Alexander Avtgis, ECF14 . Ordered by Judge Michael H. Simon. (mja) |
||
|
order
Leave to Appear Pro Hac Vice
Wed 08/03 1:40 PM
ORDER - The Court GRANTS Plaintiffs' Motion for Leave to Appear Pro Hac Vice by attorney Robert Epstein, ECF15 . Ordered by Judge Michael H. Simon. (mja) |
||
| Monday, August 01, 2022 | ||
| 13 | 13
notice
Attorney Appearance
Mon 08/01 10:52 AM
Notice of Appearance of Robert Epstein appearing on behalf of Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden . Filed by on behalf of Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Epstein, Robert) |
|
| 12 | 12
notice
Attorney Appearance
Mon 08/01 10:46 AM
Notice of Appearance of Alexander Avtgis appearing on behalf of Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden . Filed by on behalf of Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Avtgis, Alexander) |
|
| Thursday, July 28, 2022 | ||
|
order
Correction of the Record
Thu 07/28 1:05 PM
Notice of Correction by Clerk regarding7 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The PDF attached was submitted on an out of date form. The following corrections were made to the record: The original filing was submitted on an outdated form and has been replaced with the current form. (cw) |
||
|
attyadm
Clerk's Review of Pro Hac Vice Motion
Thu 07/28 2:36 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney James A Tanford. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-85979367 : Reviewed and Ready for Ruling. (ecp) |
||
|
order
Leave to Appear Pro Hac Vice
Thu 07/28 3:05 PM
ORDER - The Court GRANTS Plaintiffs' Motion for Leave to Appear Pro Hac Vice by attorney James A Tanford,7 . Ordered by Judge Michael H. Simon. (mja) |
||
| Wednesday, July 27, 2022 | ||
| 9 | 9
service
Summons Issued
Wed 07/27 10:02 AM
Summons Issued Electronically as to Kate Brown, Paul Rosenbaum, Ellen Rosenblum. 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. (kgc) |
|
| 8 | 8
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Wed 07/27 9:34 AM
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. 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 . Discovery is to be completed by 11/25/2022. Joint Alternate Dispute Resolution Report is due by 12/27/2022. Pretrial Order is due by 12/27/2022. Ordered by Judge Michael H. Simon. (kgc) |
|
| Tuesday, July 26, 2022 | ||
| 7 | 7
motion
Leave to Appear Pro Hac Vice
Tue 07/26 2:25 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney James A Tanford. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8597936. Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC, Joseph Odden. (Tanford, James) |
|
| 6 | 6
service
Proposed Summons
Tue 07/26 11:10 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith) |
|
| 5 | 5
service
Proposed Summons
Tue 07/26 11:09 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith) |
|
| 4 | 4
service
Proposed Summons
Tue 07/26 11:07 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith) |
|
| 3 | 3
oth_doc
Corporate Disclosure Statement
Tue 07/26 11:05 AM
Corporate Disclosure Statement . Filed by Fortis Brewing Company LLC, Garden Path Fermentation LLC, Mirage Beer LLC. (Parker, Judith) |
|
| 2 | 2
oth_doc
Civil Cover Sheet
Tue 07/26 10:47 AM
Civil Cover Sheet regarding Complaint,1 . Filed by All Plaintiffs. (Parker, Judith) |
|
| 1 | 1
cmp
Complaint
Tue 07/26 10:40 AM
Complaint. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8597208. Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Mirage Beer LLC, Joseph Odden, Fortis Brewing Company LLC, Garden Path Fermentation LLC against All Defendants. (Parker, Judith) Modified docket text to add payment information on 7/26/2022 (eo) |
|