A & B Asphalt, Inc. et al v. Humbert Asphalt, Inc. et al
Court Docket Sheet

District of Oregon

2:2013-cv-00104 (ord)

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ORDER on Motion to Take Limited Discovery and File Sur-Reply 25. plaintiff's Motion for Leave to Take Limited Discovery (doc. # 25) is GRANTED, in part, as follows: The issuance of subpoenas for the depositions of Kenneth Hanafin and J ohn Royse is allowed. The depositions shall be limited to subjects addressed in Hanafin's signed witness statement and draft declaration, to subjects addressed in Royse's draft declaration and the reason for Mr. Royse declining to sign the declaration. The motion is DENIED with regard to the depositions of Don Bush and Greg Basel. Further, plaintiff's Motion to File a Sur-Reply is GRANTED. Upon completion of the depositions, plaintiff shall submit its Sur-Reply within 10 days. Defendants may respond to the Sur-Reply within 10 days of its filing. Signed on 6/26/2013 by Magistrate Judge Patricia Sullivan.
Findings & Recommendation: A&B's motion to dismiss and to strike 64 should be DENIED as to Humberts first, second, and eighth affirmative defenses, and GRANTED in all other respects. The above Findings and Recommendation will be referr ed to a United States District Judge for review. Objections, if any, to the Findings and Recommendation are due by 5/27/2014. If no objections are filed, review of the Findings and Recommendation will go under advisement on that date. If objections are filed, a response to the objections is due fourteen days after the date the objections are filed and the review of the Findings and Recommendation will go under advisement on that date. Signed on 5/8/2014 by Magistrate Judge Patricia Sullivan.
ORDER - The Court ADOPTS IN PART Judge Sullivan's Findings and Recommendation, Dkt. 71. The Court adopts all portions of the F&R except for the finding relating to the causation element of the CPA claim, which the Court need not reach to resolve the pending motions. A&B's motion to dismiss is GRANTED and motion to strike is GRANTED IN PART. Humbert's two counterclaims are dismissed and its sixth and seventh affirmative defenses are stricken, without prejudice. A&B's motion to strike Humbert's first, second, and eighth affirmative defenses is DENIED. Signed on 7/24/2014 by Judge Michael H. Simon.

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