Case details

Court: ord
Docket #: 1:04-cv-03042
Case Name: McFarland v. Rent-A-Center West, Inc.
PACER case #: 68621
Date filed: 2004-05-14
Date terminated: 2005-10-04
Assigned to: Magistrate Judge John P. Cooney
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Terri McFarland
Plaintiff
Keith D. Karnes
1860 Hawthorne Ave NE Suite 10 Salem, OR 97301 503-385-8888 Fax: 503-385-8899 Email: kkarnes@keithkarnes.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rent-A-Center, West, Inc.
Defendant
B. Scott Whipple
Whipple & Duyck, PC 1500 SW First Avenue, Suite 1170 Portland, OR 97201 (503) 222-6004 Fax: (503) 222-6029 Email: swhipple@whippleduyck.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D. Furlong
Schwabe Williamson & Wyatt, PC 1211 SW Fifth Avenue, Ste. 1800 Portland, OR 97204 (503) 796-2462 Fax: (503) 796-2900 Email: mfurlong@schwabe.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas V. Dulcich
Schwabe Williamson & Wyatt, PC 1211 SW Fifth Avenue, Ste. 1800 Portland, OR 97204 (503) 796-2970 Fax: (503) 796-2900 Email: tdulcich@schwabe.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-05-14 1 0 Complaint Filing Fee in amount of $150 collected. Receipt No. 170720 issued.Summons issued as to Rent-A-Center, West, Inc., Registered Agent.Filed by Terri McFarland against Rent-A-Center, West, Inc..(dn, ) (Entered: 05/17/2004)
2004-05-17 2 0 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable John P. Cooney. Discovery to be completed by 9/14/2004. Joint Alternate Dispute Resolution Report due by 10/14/2004. Pretrial Order due by 10/14/2004. Ordered by Judge John P. Cooney. (dn, ) (Entered: 05/17/2004)
2004-06-01 3 0 Return of Service executed upon Rent-A-Center, West, Inc. on 5/25/04. (dn, ) (Entered: 06/02/2004)
2004-06-18 4 0 Answer to Complaint. Filed by Rent-A-Center, West, Inc..(dn, ) (Entered: 06/22/2004)
2004-06-22 5 0 Corporate Disclosure Statement. Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 06/22/2004)
2004-08-30 6 0 Motion for Extension of Discovery & PTO Deadlines and FRCP 26(a)(1) Agreement. Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 09/09/2004)
2004-09-09 7 0 ORDER: Signed on 9/9/04 by Judge John P. Cooney. Granting Motion for Extension of Discovery & PTO Deadlines 6 . Discovery to be completed by 3/12/2005. Expert Disclosure as requested. Joint Alternate Dispute Resolution Report due by 4/12/2005. Pretrial Order or Dispositive Motions due by 4/12/2005. (dn, ) (Entered: 09/09/2004)
2004-12-22 8 0 Motion to Compel (Oral Argument Requested). Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 12/28/2004)
2004-12-22 9 0 Memorandum in Support. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion to compel 8 .)(dn, ) (Entered: 12/28/2004)
2004-12-22 10 0 Affidavit of B. Scott Whipple in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion to compel 8 .)(dn, ) (Entered: 12/28/2004)
2004-12-28 11 0 ORDER: Signed on 12/28/04 by Judge John P. Cooney. Holding in abeyance ruling on Motion to Compel 8 (7.1 Certificate is Inadequate) pending receipt of certification pursuant to Local Rule 7.1.* Failure to file this certification within 14 days of the date of this order will result in sua sponte denial of the motion.Local Rule 7.1 states: " The first paragraph of every motion must certify that... The parties made a good faith effort through personal or telephone conferences to resolve the dispute, and have been unable to do so; or... The opposing party willfully refused to confer; or... The moving party or opposing party is a prisoner not represented by counsel." In cases in which all parties are represented, good faith effort does not include the sending of a letter absent a response by the opposing counsel. The conference must be verbal either in person or via telephone. Good faith also does not include the leaving of a "voice mail" message absent a response from the opposing counsel. (dn, ) (Entered: 12/28/2004)
2005-01-14 12 0 ORDER: Signed on 1/14/05 by Judge John P. Cooney. Denying Motion to Compel 8 for failure to comply with LR 7.1 certificate requirements and the court's order of 12/28/04. (dn, ) (Entered: 01/14/2005)
2005-03-29 13 0 Motion for Extension of Time to submit expert discovery report. Filed by Terri McFarland. (Attachments: # 1 Declaration in support of motion for extension# 2 Proposed Order) (Karnes, Keith) (Entered: 03/29/2005)
2005-03-30 14 0 Response Defendant's Response to Plaintiff's Motion for Extension to File Expert Reports to Motion for Extension of Time to submit expert discovery report 13 . Filed by Rent-A-Center, West, Inc..(Whipple, Blaine) (Entered: 03/30/2005)
2005-03-30 15 0 ORDER: Signed on 3/30/05 by Judge John P. Cooney. Granting Motion for Extension of Time 13 as stated. Discovery and Expert Disclosure (by both parties) to be completed by 5/10/2005. Joint Alternate Dispute Resolution Report due by 6/10/2005.Pretrial Order or Dispositive Motions due by 6/10/2005. (dn, ) (Entered: 03/30/2005)
2005-05-05 16 0 Motion for Extension of Time to File Expert Reports. Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 05/05/2005)
2005-05-05 17 0 Memorandum in Support. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Extension of Time 16 .)(dn, ) (Entered: 05/05/2005)
2005-05-05 18 0 ORDER: Signed on 5/5/05 by Judge John P. Cooney. Granting Motion for Extension of Time 16 . Discovery to be completed by 6/21/2005. Joint Alternate Dispute Resolution Report due by 7/21/2005. Pretrial Order or Dispositive Motions due by 7/21/2005. (dn, ) (Entered: 05/05/2005)
2005-05-10 19 0 Second Motion for Extension of Discovery & PTO Deadlines. Filed by Terri McFarland. (Attachments: # 1 Declaration of Keith D. Karnes in support of motion for extension# 2 Proposed Order) (Karnes, Keith) (Entered: 05/10/2005)
2005-05-11 20 0 ORDER: Signed on 5/11/05 by Judge John P. Cooney. Granting Motion for Extension of Discovery & PTO Deadlines 19 . Exchange of Expert Witness Statements must be completed by 5/31/2005. (dn, ) (Entered: 05/11/2005)
2005-07-20 21 0 CIVIL MINUTES: Record of Order by Thomas M. Coffin. RECORD OF order setting settlement conference for October 4, 2005, at 9:30 a.m., at the U.S. Courthouse in Eugene, before Judge Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a party?s case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by 5:00 p.m., September 20, 2005, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT.Any party who, without prior court approval, fails to have all persons with settlement authority present, may be subject to sanctions. Such sanctions may include costs and attorney fees of the other parties attending the settlement conference. (cw, ) (Entered: 07/20/2005)
2005-07-21 22 0 CIVIL MINUTES: Record of Order by John P. Cooney. Should the settlement conference fail a Pretrial Order will be due by 11/4/2005. (dn, ) (Entered: 07/21/2005)
2005-07-21 23 0 Motion for Partial Summary Judgment. Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 07/22/2005)
2005-07-20 24 0 Memorandum in Support. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 25 0 Concise Statement of Material Fact. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 26 0 Affidavit of David Glass, M.D. in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 27 0 Affidavit of Roger S. Busse in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 28 0 Affidavit of Dean Vaughn Burleigh in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 29 0 Affidavit of Jeremy Emerson in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 30 0 Affidavit of B. Scott Whipple in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 07/26/2005)
2005-07-20 31 0 Joint ADR Report. Filed by Rent-A-Center, West, Inc..(dn, ) (Entered: 07/26/2005)
2005-08-03 32 0 Response to Motion for Summary Judgment 23 . Filed by Terri McFarland. (Attachments: # 1 plaintiff's response to defendant's concise statement of material facts# 2 deposition of Deputy Farmer# 3 deposition of Kathleen Finley# 4 deposition of Michael Frary# 5 deposition of Dean Burleigh# 6 deposition of Terri McFarland)(Karnes, Keith) (Entered: 08/03/2005)
2005-08-15 33 0 Reply to Motion for Summary Judgment 23 . Filed by Rent-A-Center, West, Inc..(dn, ) (Entered: 08/18/2005)
2005-08-15 34 0 Supplemental Concise Statement of Material Fact. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 08/18/2005)
2005-08-15 35 0 Affidavit of Michael D. Furlong in Support of Motion. Filed by Rent-A-Center, West, Inc.. (Related document(s): Motion for Summary Judgment 23 .)(dn, ) (Entered: 08/18/2005)
2005-08-17 36 0 Motion to Strike testimony offered in support of Plaintiff's Response to Concise Statement re: Motion for Summary Judgment 32 . Filed by Rent-A-Center, West, Inc.. (dn, ) (Entered: 08/18/2005)
2005-08-19 37 0 ORDER: Signed on 8/19/05 by Judge John P. Cooney. Granting Motion to Strike 36 .Response to Motion due 8/31/05. Reply due 9/14/05. Motion for Partial Summary Judgment (#23) and Motion to Strike (#36) will be taken under advisement on 9/14/05. (dn, ) (Entered: 08/19/2005)
2005-08-19 38 0 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Vacating minute order, docket entry (#37). (dn, ) (Entered: 08/19/2005)
2005-08-19 39 0 Order regarding Motion to Strike Response to Motion, 32 36 .. Response due by 8/31/2005. Reply due by 9/14/2005. Motion taken under advisement as of 9/14/2005. (dn, ) (Entered: 08/19/2005)
2005-08-26 40 0 CIVIL MINUTES: Record of Order by John P. Cooney regarding Motion for Summary Judgment 23 , Motion to Strike 36 . Hearing set for 10/20/2005 at 10:00AM by Telephone before Magistrate Judge John P. Cooney. The Court will initiate the call. (dn, ) (Entered: 08/26/2005)
2005-08-31 41 0 Response to Motion to Strike 36 . Filed by Terri McFarland. (Attachments: # 1 deposition of Kathleen Finley)(Karnes, Keith) (Entered: 08/31/2005)
2005-09-07 42 0 RECORD OF ORDER by Judge John P. Cooney: Pursuant to the request of counsel for the defendant, the hearing on Defendant's Motion for Partial Summary Judgment 23 , and Defendant's Motion to Strike Response to Motion 36 is RESET to November 3, 2005, at 2:00 p.m. by telephone. The court will place the call. (kb, ) (Entered: 09/07/2005)
2005-09-13 43 0 Affidavit of of Keith D. Karnes in support of plaintiff's response to defendant's motion for summary judgment. Filed by Terri McFarland. (Related document(s): Response to Motion, 32 .)(Karnes, Keith) (Entered: 09/13/2005)
2005-09-14 44 0 Defendant's Reply to Plaintiff's Response to Motion to Strike.(Neal, Deirdre) (Entered: 09/14/2005)
2005-09-16 45 0 Affidavit of Keith D. Karnes filed by Terri McFarland. (Related document(s): Motion for Summary Judgment 23 .)(Meyer, Craig) (Entered: 09/20/2005)
2005-10-04 46 0 CIVIL MINUTES: Record of Proceedings: Settlement Conference held 10/4/05. Case settles. The clerk is directed to enter a 60 day order of dismissal. The court shall retain jurisdiction over the settlement agreement. Keith Karnes present as counsel for plaintiff. B. Scott Whipple, Christina Sookdeo, Dwight Dumler present as counsel for defendant. Court Reporter: Deborah Wilhelm (Transcript sealed). Thomas M. Coffin presiding. (cw, ) (Entered: 10/04/2005)
2005-10-05 47 0 Stipulated Notice of Voluntary Dismissal with prejudice and without fees or costs. Filed by Keith D. Karnes appearing on behalf of Terri McFarland.(Karnes, Keith) (Entered: 10/05/2005)
2005-10-04 48 0 Order of Dismissal. Signed on 10/4/05 by Christine Weller, Deputy Clerk. (dn, ) (Entered: 10/06/2005)