| Court: | ord |
| Docket #: | 3:96-cv-01812 |
| Case Name: | Portland v. Barnard Construction, et al |
| PACER case #: | 46493 |
| Date filed: | 1996-12-19 |
| Date terminated: | 1998-05-19 |
| Assigned to: | Judge Malcolm F. Marsh |
| Case Cause: | 28:1331 Fed. Question: Breach of Contract |
| Nature of Suit: | 190 Contract: Other Contract Actions |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| City of Portland Plaintiff a municipal corporation by & through its Bureau of Environmental Services |
James H Van Dyke Ruth M Spetter |
| Barnard Construction Company Inc Defendant a Montana corporation |
Eric A. Grasberger Richard E. Alexander |
| Barnard Construction Company Inc Counter Claimant |
Eric A. Grasberger Richard E. Alexander |
| City of Portland Counter Defendant |
James H Van Dyke Ruth M Spetter |
| Associated Sand & Gravel Inc ThirdParty Defendant a Washington corporation doing business asAssociated Pipe-Portland |
David J. Buono Patrick L. Block |
| Insurance Company of North America ThirdParty Defendant a Pennsylvania corporation |
David J. Buono Patrick L. Block |
| Barnard Construction Company Inc Cross Claimant |
Eric A. Grasberger Richard E. Alexander |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1996-12-19 | 1 | 0 | COMPLAINT and JURY TRIAL DEMAND (Cause Code: 28:1331bc) Breach of Contract (Receipt # 163650) (kw) (Entered: 12/23/1996) | |||
| 1996-12-19 | 2 | 0 | DISCOVERY & PRETRIAL SCHEDULING ORDER; Discovery ddl set for 4/18/97; Pretrial order deadline set for 5/19/97 (kw) (Entered: 12/23/1996) | |||
| 1996-12-19 | 3 | 0 | SUMMONS ISSUED as to Defendant Barnard Construction Company Inc c/o registered agent Corporation Service Company in Salem Oregon (kw) (Entered: 12/23/1996) | |||
| 1997-01-07 | 4 | 0 | RETURN OF SERVICE EXECUTED upon Defendant Barnard Construction on 1/7/97 (former employee) (Entered: 01/08/1997) | |||
| 1997-01-06 | 5 | 0 | STIPULATED MOTION by Plaintiff City of Portland, Defendant Barnard Construction TO EXTEND TIME TO ANSWER TO 2/10/97 (former employee) (Entered: 01/09/1997) | |||
| 1997-01-08 | 6 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING STIPULATED MOTION TO EXTEND TIME TO ANSWER TO 2/10/97 [5-1] Answer deadline reset to 2/10/97 for Barnard Construction (counsel notified) Court Rptr none (former employee) (Entered: 01/09/1997) | |||
| 1997-02-10 | 7 | 0 | ANSWER and JURY TRIAL DEMAND [1-1] and COUNTER-CLAIM by Defendant Barnard Construction against Plaintiff City of Portland (former employee) (Entered: 02/11/1997) | |||
| 1997-02-14 | 8 | 0 | RULE 12 MOTION by Plaintiff TO DISMISS Oral Argument Requested (former employee) (Entered: 02/19/1997) | |||
| 1997-02-14 | 9 | 0 | MEMORANDUM IN SUPPORT by Plaintiff of MOTION TO DISMISS [8-1] (former employee) (Entered: 02/19/1997) | |||
| 1997-02-14 | 10 | 0 | MOTION by Plaintiff FOR LEAVE TO FILE ADDITIONAL INTERROGATORIES Oral Argument Requested (former employee) (Entered: 02/19/1997) | |||
| 1997-02-14 | 11 | 0 | MEMORANDUM IN SUPPORT by Plaintiff of MOTION FOR LEAVE TO FILE ADDITIONAL INTERROGATORIES [10-1] (former employee) (Entered: 02/19/1997) | |||
| 1997-02-20 | 12 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Plaintiff's MOTION FOR LEAVE TO FILE ADDITIONAL INTERROGATORIES [10-1] on not for oral argument calendar of 2/26/97. After review of submissions, a hearing will be set if the court has questions. Defendant's response in opposition is due 2/25/97 with no reply filed. (counsel notified) (gm) (Entered: 02/20/1997) | |||
| 1997-02-20 | 13 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Plaintiff's MOTION TO DISMISS [8-1] on not for oral argument calendar of 3/17/97. (counsel notified) (gm) (Entered: 02/20/1997) | |||
| 1997-02-25 | 14 | 0 | MEMORANDUM by Defendant Barnard Construction IN OPPOSITION to Plaintiff's MOTION FOR LEAVE TO FILE ADDITIONAL INTERROGATORIES [10-1] (former employee) (Entered: 02/26/1997) | |||
| 1997-02-28 | 15 | 0 | RESPONSE by Defendant to PLAINTIFF'S MOTION TO DISMISS [8-1] (former employee) (Entered: 03/04/1997) | |||
| 1997-03-03 | 16 | 0 | REPLY IN SUPPORT by Plaintiff of MOTION TO DISMISS [8-1] (former employee) (Entered: 03/04/1997) | |||
| 1997-03-03 | 17 | 0 | REPLY by Plaintiff to Defendant's counterclaim [7-1] (former employee) (Entered: 03/04/1997) | |||
| 1997-03-07 | 18 | 0 | CONSENT TO Honorable Malcolm F. Marsh by Plaintiff City of Portland, Defendant Barnard Construction (former employee) (Entered: 03/07/1997) | |||
| 1997-03-10 | 19 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh ORDER- DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE ADDITIONAL INTERROGATORIES [10-1] with leave to re-raise after depositions of company principals are completed. ORDER- defendants shall advise plaintiff of the names & titles of company officals who have first hand knowledge & can address questions regarding the affirmative defenses & counterclaims (counsel notified) Court Rptr none (former employee) (Entered: 03/12/1997) | |||
| 1997-03-20 | 20 | 0 | ORDER- by Honorable Malcolm F. Marsh GRANTING PLAINTIFF'S MOTION TO DISMISS [8-1] as to defendant's affirmative defense of the statute of limitations, & denied as to plaintiff's motion for a FRCP 9(c) order. SO ORDERED Signed 3/20/97 (counsel notified) (former employee) (Entered: 03/21/1997) | |||
| 1997-04-03 | 21 | 0 | AMENDED ANSWER and JURY TRIAL DEMAND by Defendant Barnard Construction [7-1] (former employee) (Entered: 04/09/1997) | |||
| 1997-04-16 | 22 | 0 | MOTION by Defendant TO EXTEND DISCOVERY AND PRETRIAL ORDER DEADLINES (former employee) (Entered: 04/17/1997) | |||
| 1997-04-18 | 23 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING DEFENDANT'S MOTION TO EXTEND DISCOVERY AND PRETRIAL ORDER DEADLINES [22-1] discovery ddl set for 7/18/97; pretrial order ddl set for 8/15/97. ORDER-based on the extension of discovery & pretial order deadlines Rule 16 Conference set for 9:00 6/27/97 in person in chambers see procedural order which follows separately by mail (counsel notified) Court Rptr none (former employee) (Entered: 04/23/1997) | |||
| 1997-05-05 | 24 | 0 | RULE 16 ORDER by Honorable Malcolm F. Marsh. See Minute Order [23-2]. Signed 5/5/97 (counsel notified) (peg) (Entered: 05/07/1997) | |||
| 1997-06-23 | 25 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh: Rule 16 Conference RESET from 6/27/97 to 10:00 a.m. on 8/15/97 (counsel notified) (peg) (Entered: 06/25/1997) | |||
| 1997-07-23 | 26 | 0 | MOTION by Defendant Barnard Construction TO EXTEND DISCOVERY AND PRETRIAL ORDER DEADLINES (peg) (Entered: 07/23/1997) | |||
| 1997-07-23 | 27 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Defendant's MOTION TO EXTEND DISCOVERY AND PRETRIAL ORDER DEADLINES [26-1]. Discovery ddl set for 10/20/97 & pretrial order ddl set for 11/21/97. ORDER resetting Rule 16 Conference to 10/3/97 at 9:45am (counsel notified) Court Rptr none (former employee) (Entered: 07/24/1997) | |||
| 1997-07-25 | 28 | 0 | STIPULATED MOTION TO AMEND COMPLAINT [1-1] (peg) (Entered: 07/28/1997) | |||
| 1997-08-01 | 29 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiff's MOTION TO AMEND COMPLAINT [1-1] [28-1] (counsel notified) (peg) (Entered: 08/04/1997) | |||
| 1997-08-06 | 30 | 0 | AMENDED COMPLAINT [1-1] and JURY TRIAL DEMAND by Plaintiff City of Portland (peg) (Entered: 08/08/1997) | |||
| 1997-08-25 | 31 | 0 | SECOND AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM and JURY TRIAL DEMAND by Defendant Barnard Construction [21-1], [7-1] (peg) (Entered: 08/26/1997) | |||
| 1997-09-16 | 32 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh Rule 16 Conference RESET from 10/3/97 to 8:15 a.m. on 10/1/97 (counsel notified) (peg) (Entered: 09/17/1997) | |||
| 1997-09-19 | 33 | 0 | THIRD AMENDED ANSWER, AFFIRMATIVE DEFENSES and COUNTERCLAIM and JURY TRIAL DEMAND by Defendant Barnard Construction to Plaintiff's Amended Complaint [30-1] (peg) (Entered: 09/22/1997) | |||
| 1997-10-01 | 34 | 0 | RECORD OF PROCEEDINGS (Rule 16 Conference) before Honorable Malcolm F. Marsh ORDER: allowing Defendants oral Motion to Withdraw filing of 9/19/97 3rd amended answer & conterclaims; ORDER case schedule set: Status Conference set for 2:30pm on 11/24/97 , Any motions will be set on NOA Motion Calendar for 11/12/97 PTO lodging date is stricken to be reset during 11/24/97 conference (counsel notified) Court Rptr Kathy Eismann (Kirk) (Entered: 10/03/1997) | |||
| 1997-10-10 | 35 | 0 | MOTION by Defendant Barnard Construction TO AMEND ANSWER (peg) (Entered: 10/15/1997) | |||
| 1997-10-15 | 36 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING MOTION TO AMEND ANSWER [35-1] on not for oral argument calendar of 11/10/97 (counsel notified) (Kirk) (Entered: 10/20/1997) | |||
| 1997-10-24 | 37 | 0 | MEMORANDUM by Plaintiff City of Portland IN OPPOSITION to Defendant's MOTION TO AMEND ANSWER [35-1] (peg) (Entered: 10/27/1997) | |||
| 1997-10-24 | 38 | 0 | AFFIDAVIT of Paul Gribbon (peg) (Entered: 10/27/1997) | |||
| 1997-10-24 | 39 | 0 | AFFIDAVIT of James H. Van Dyke submitted by Plaintiff (peg) (Entered: 10/27/1997) | |||
| 1997-10-24 | 40 | 0 | AFFIDAVIT of Ruth M. Spetter filed by Plaintiff (peg) (Entered: 10/27/1997) | |||
| 1997-11-07 | 41 | 0 | AFFIDAVIT by Defendant Barnard Construction of Joseph Nelson in Support of MOTION TO AMEND ANSWER [35-1] (Kirk) (Entered: 11/12/1997) | |||
| 1997-11-07 | 42 | 0 | REPLY by Defendant Barnard Construction in Support of MOTION TO AMEND ANSWER [35-1] (Kirk) (Entered: 11/12/1997) | |||
| 1997-11-07 | 43 | 0 | AFFIDAVIT by Defendant Barnard Construction of Eric A Grasberger (Kirk) (Entered: 11/12/1997) | |||
| 1997-11-10 | 44 | 0 | MOTION by Plaintiff City of Portland TO STRIKE & REQUEST FOR LEAVE TO SUPPLEMENT ITS RESPONSE Oral Argument Requested (Kirk) (Entered: 11/12/1997) | |||
| 1997-11-10 | 45 | 0 | MEMORANDUM IN SUPPORT by Plaintiff City of Portland of MOTION TO STRIKE & REQUEST FOR LEAVE TO SUPPLEMENT ITS RESPONSE [44-1] (Kirk) (Entered: 11/12/1997) | |||
| 1997-11-12 | 46 | 0 | AFFIDAVIT by Defendant Barnard Construction of Joseph Nelson re: MOTION TO AMEND ANSWER [35-1] (former employee) (Entered: 11/14/1997) | |||
| 1997-11-24 | 47 | 0 | RECORD OF PROCEEDINGS before Honorable Malcolm F. Marsh; GRANTING Defendant's MOTION TO AMEND ANSWER [35-1]; Answer due 12/8/97; Discovery ddl reset to 2/6/98; Pretrial order now due 3/31/98; Dispositive motions due 2/6/98; Response to dispositive motions due 2/17/98; Reply to response due 2/24/98; NOA Motion Calendar set for 2/25/98; Pretrial Conference set for 1:30 p.m. on 6/12/98; 4-day Jury Trial set for 9:00 a.m. on 6/16/98 in Portland (counsel notified) Court Rptr Bob Stimler (peg) (Entered: 12/01/1997) | |||
| 1997-12-02 | 48 | 0 | JURY TRIAL MANAGEMENT ORDER by Honorable Malcolm F. Marsh: Pretrial Conference set for 1:30; 6/12/98 4-day Jury Trial set 9:00 6/16/98 in Portland Signed 12/2/97 (counsel notified) (peg) (Entered: 12/03/1997) | |||
| 1997-12-05 | 49 | 0 | THIRD AMENDED ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIM, THIRD-PARTY CLAIM (CROSS-CLAIM) and DEMAND FOR JURY TRIAL by Defendant Barnard Construction Co., Inc.; adding crsdft Associated Sand and Gravel, Inc. dba Associated Pipe-Portland and Insurance Co. of North America (peg) (Entered: 12/08/1997) | |||
| 1997-12-05 | 50 | 0 | SUMMONS ISSUED as to Third-party defendant Associated Sand and Gravel, Inc. dba Associated Pipe-Portland c/o Prentice-Hall corp., their registered agent. (peg) (Entered: 12/08/1997) | |||
| 1997-12-05 | 51 | 0 | SUMMONS ISSUED as to Third-party defendant Ins. Co. of North America c/o registered agent Patti Dietz (peg) (Entered: 12/08/1997) | |||
| 1997-12-15 | 52 | 0 | REPLY to Defendant's AFFIRMATIVE DEFENSES, ANSWER TO COUNTER-CLAIM and JURY TRIAL DEMAND [7-3] by Plaintiff City of Portland (peg) (Entered: 12/16/1997) | |||
| 1997-12-16 | 53 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh FINDING Plaintiff's MOTION TO STRIKE & REQUEST FOR LEAVE TO SUPPLEMENT ITS RESPONSE [44-1] MOOT (counsel notified) (peg) (Entered: 12/17/1997) | |||
| 1997-12-22 | 54 | 0 | RETURN OF SERVICE EXECUTED upon Third-party defendant Ins Co of N America on 12/10/97 (peg) (Entered: 12/31/1997) | |||
| 1997-12-22 | 55 | 0 | RETURN OF SERVICE EXECUTED upon Third-party defendant Associated Sand & Gravel, Inc. on 12/10/97 (peg) (Entered: 12/31/1997) | |||
| 1998-01-14 | 56 | 0 | STIPULATION & ORDER FOR SUBSTITUTION OF ATTORNEYS: Attorney David J. Buono for Third-party Defendant Associated Sand and Gravel, Inc. replacing Julian C. Dewell; signed 1/14/98 Honorable Malcolm F. Marsh (peg) Modified on 01/15/1998 (Entered: 01/15/1998) | |||
| 1998-02-10 | 57 | 0 | ANSWER AND AFFIRMATIVE DEFENSES by Third-party defendants to Third-party claim (Thrid Party Complaint) [49-1] of Barnard Construction (peg) (Entered: 02/10/1998) | |||
| 1998-03-10 | 58 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh Rule 16 Conference set for 8:30 3/25/98 (counsel notified) (peg) (Entered: 03/11/1998) | |||
| 1998-03-11 | 59 | 0 | RULE 16 ORDER by Honorable Malcolm F. Marsh: Rule 16 Conference set for 8:30 AM on 3/25/98 Signed 3/11/98 (counsel notified) (peg) (Entered: 03/12/1998) | |||
| 1998-03-23 | 60 | 0 | MOTION by Third-party defendants FOR JUDGMENT ON THE PLEADINGS ; Oral Argument Requested (peg) (Entered: 03/23/1998) | |||
| 1998-03-23 | 61 | 0 | MEMORANDUM OF LAW IN SUPPORT by Third-party defendants of MOTION FOR JUDGMENT ON THE PLEADINGS [60-1] (peg) (Entered: 03/23/1998) | |||
| 1998-03-23 | 62 | 0 | REQUEST FOR JUDICIAL NOTICE by Third-party defendants in Support of its MOTION FOR JUDGMENT ON THE PLEADINGS [60-1] (peg) (Entered: 03/23/1998) | |||
| 1998-03-24 | 63 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Third-Party Defendant's MOTION FOR JUDGMENT ON THE PLEADINGS [60-1] on not for oral argument calendar of 4/27/98 (counsel notified) (peg) (Entered: 03/25/1998) | |||
| 1998-03-24 | 64 | 0 | MEMORANDUM re: Deposition of Out-of-State Defendants, by Defendant Barnard Construction, Inc. (peg) (Entered: 03/25/1998) | |||
| 1998-03-25 | 65 | 0 | RECORD OF PROCEEDINGS before Honorable Malcolm F. Marsh RESETTING Third-party Defendants' MOTION FOR JUDGMENT ON THE PLEADINGS [60-1] on not for oral argument calendar of 4/14/98; ORDER: adding to the case schedule as follows: Discovery ddl reset to 4/30/98; Status conference set for 11:00 AM on 4/17/98 ; Plaintiff serves expert narratives 4/17/98; Defendant files and serves expert narratives 4/30/98; Third-party defendants file and serve expert narratives 5/8/98 (counsel notified) Court Rptr Dennis Grube (peg) (Entered: 03/26/1998) | |||
| 1998-04-09 | 66 | 0 | RECORD OF ORDER by Honorable Malcolm F. Marsh: Based on counsel's notification of settlement, the third-party defendant's MOTION FOR JUDGMENT ON THE PLEADINGS [60-1] is MOOT; The 4/17/87 status conference, 6/12/98 pretrial conference and the 6/16/98 trial date and all ddls are STRICKEN; ORDER: Final Paper Call set for 1:30 PM on 5/11/98 (counsel notified) (peg) (Entered: 04/09/1998) | |||
| 1998-05-11 | 67 | 0 | RECORD OF ORDER Of Time Set For Final Paper Call by Honorable Malcolm F. Marsh No appearance by any counsel. ORDER continuing final paper call to 1:30pm on 5/20/98 (counsel notified) Court Rptr none (former employee) (Entered: 05/12/1998) | |||
| 1998-05-14 | 68 | 0 | STIPULATED MOTION by Plaintiff City of Portland TO DISMISS PLAINTIFF CITY OF PORTLAND & 3RD PARTY PLAINTIFF BARNARD CONSTRUCTION WITH PREJUDICE & WITHOUT ATTORNEY FEES, COSTS & DISBURSEMENTS (former employee) (Entered: 05/15/1998) | |||
| 1998-05-19 | 69 | 0 | ORDER OF DISMISSAL: Based on the 5/14/98 stipulated Motion for Dismissal [68-1], IT IS ORDERED this action is dismissed with prejudice, and without attorney fees costs or disbursements being assessed against any party. Signed 5/19/98 by Malcolm F. Marsh US District Judge (counsel notified) (peg) (Entered: 05/19/1998) |