8/09/2021 (update) The lawsuit has been dismissed with prejudice
3/17/2021 (update) We filed a motion for summary judgement and that hearing will be on April 1st. The trial has been moved back to September 21st - 24th.
10/14/2020 (update) the plaintiffs went through their depositions and we are waiting for a decision by our counsel on next steps.
07/28/2020 (update) We have answered the compliant, there will be a Judicial Settlement on December 8th and a trial beginning March 24th 2021
01/30/2020 (update) the plaintiffs have filled their 5th amended complaint. A copy of this complaint has been added above.
01/05/2020 (Update) The court allowed the opposing counsel to leave to amend the suit to make it clearer. The plaintiffs then refiled their third amended complaint. We then refiled a rule 21 motion and there was another hearing that was held on October 7th. The rule 21 motion was filed due to the plaintiff’s lack of procedure as well as clarity this was our first motion to dismiss. The court then ruled that the plaintiffs needed to again make the lawsuit clearer and more defined. The court ordered the plaintiffs to amend the complaint a fourth time. The plaintiffs then refilled their fourth amended complaint,.Our counsel filed another motion to dismiss under rule 21 again. There was a hearing for this motion on December 16th 2019. The Court allowed our motion again and we are awaiting the Plaintiffs 5th amended complaint
09/09/2019 (Update) our hearing is over and the Judge allowed the plaintiffs to leave to amend their lawsuit. The suit was filed again for the third time with changes. Our counsel is currently preparing motions to respond. We will be updating this site as new information becomes available.
8/15/2019 (update) Service has been received and we have filed Rule 21 motion. Information regarding what a rule 21 motion is can be found here: https://oregoncivpro.com/orcp-21-defenses-and-objections-how-presented-by-pleading-or-motion-motion-for-judgment-on-the-pleadings/The rule 21 is our statement to the plaintiff for failure to state ultimate facts sufficient to constitute a claim. opposing counsel filed a motion to leave to amend. This is their second request to amend. We filed an opposition to that motion due to not receiving an answer to the rule 21 motion. There is a hearing on August 26th 2019 for the judge to decide what direction the case will take, either to continue forward and grant the plaintiffs request to leave to amend, or outright dismissal. We will update this page as information becomes available.
5/16/2019 (update). We are awaiting service on this suit before we can answer it. Initially the lawsuit was served improperly in March 2019. The copies of the suit were not all the same so opposing counsel needed to redo the service in order to establish jurisdiction. I will update this information as the process continues. 0