Oregon District Court
Judge:Michael H Simon
Case #: 3:22-cv-01086
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause42:1983 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
YoungWoo Joh
Oregon Department Of Justice
contact info
Shannon M. Vincent
Oregon Department Of Justice
contact info
Sheila H. Potter
Oregon Department Of Justice
contact info
Defendant
Paul Rosenbaum
Represented By
YoungWoo Joh
Oregon Department Of Justice
contact info
Shannon M. Vincent
Oregon Department Of Justice
contact info
Sheila H. Potter
Oregon Department Of Justice
contact info
Defendant
Ellen Rosenblum
Attorney General of Oregon Oregon Attorney General 1162 Court Street NE
Salem, OR 97301
Represented By
YoungWoo Joh
Oregon Department Of Justice
contact info
Shannon M. Vincent
Oregon Department Of Justice
contact info
Sheila H. Potter
Oregon Department Of Justice
contact info
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
James A Tanford
Epstein Cohen Seif & Porter LLP
contact info
Alexander Avtgis
Epstein Seif Porter Beutel LLP
contact info
Judith Adele Parker
J A Parker Law Firm LLC
contact info
Robert Epstein
Epstein Seif Porter Beutel LLP
contact info
Plaintiff
Garden Path Fermentation LLC
11653 Higgins Airport Way
Burlington, WA 98233
Represented By
James A Tanford
Epstein Cohen Seif & Porter LLP
contact info
Alexander Avtgis
Epstein Seif Porter Beutel LLP
contact info
Judith Adele Parker
J A Parker Law Firm LLC
contact info
Robert Epstein
Epstein Seif Porter Beutel LLP
contact info
Plaintiff
Mirage Beer LLC
943 NW 50th St
Seattlw, WA 98107
Represented By
James A Tanford
Epstein Cohen Seif & Porter LLP
contact info
Alexander Avtgis
Epstein Seif Porter Beutel LLP
contact info
Judith Adele Parker
J A Parker Law Firm LLC
contact info
Robert Epstein
Epstein Seif Porter Beutel LLP
contact info
Plaintiff
Joseph Odden
Represented By
James A Tanford
Epstein Cohen Seif & Porter LLP
contact info
Alexander Avtgis
Epstein Seif Porter Beutel LLP
contact info
Judith Adele Parker
J A Parker Law Firm LLC
contact info
Robert Epstein
Epstein Seif Porter Beutel LLP
contact info

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: 3 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)
Related: [-]
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)
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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)
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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)
Related: [-]
Wednesday, March 15, 2023
45 45 oth_sup Declaration Wed 03/15 4:42 PM
Declaration of Robert D. Epstein . Filed by All Plaintiffs. Related [+] (Avtgis, Alexander)
Related: [-] Motion for Summary Judgment44 .
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
40 40 service Proposed Summons Mon 02/27 2:51 PM
Proposed Summons upon Marvin Revoal Filed by All Plaintiffs. (Parker, Judith)
Related: [-]
39 39 service Proposed Summons Mon 02/27 2:50 PM
Proposed Summons upon Matt Meletis Filed by All Plaintiffs. (Parker, Judith)
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38 38 service Proposed Summons Mon 02/27 2:49 PM
Proposed Summons upon Dennis Doherty Filed by All Plaintiffs. (Parker, Judith)
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37 37 service Proposed Summons Mon 02/27 2:48 PM
Proposed Summons upon Kiauna Floyd Filed by All Plaintiffs. (Parker, Judith)
Related: [-]
36 36 service Proposed Summons Mon 02/27 2:47 PM
Proposed Summons upon Fay Gyapong-Porter Filed by All Plaintiffs. (Parker, Judith)
Related: [-]
35 35 service Proposed Summons Mon 02/27 2:46 PM
Proposed Summons upon Jennifer Currin Filed by All Plaintiffs. (Parker, Judith)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
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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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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. Related [+] (Vincent, Shannon)
Related: [-] Motion for Extension of Time to Answer a Complaint/Petition21 .
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)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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)
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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)
Related: [-]
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)
Related: [-]
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)
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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)
Related: [-]
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)
Related: [-]
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)
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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)
Related: [-]
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)
Related: [-]
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)
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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)
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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)
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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)
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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)
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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)
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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)
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6 6 service Proposed Summons Tue 07/26 11:10 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith)
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5 5 service Proposed Summons Tue 07/26 11:09 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith)
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4 4 service Proposed Summons Tue 07/26 11:07 AM
Proposed Summons Filed by All Plaintiffs. (Parker, Judith)
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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)
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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)
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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)
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