Ettling v. Teeny Foods Corporation

Oregon District Court
Judge:	Stacie F Beckerman
Case #:	3:22-cv-02000
Nature of Suit	790 Labor - Other Labor Litigation
Cause	28:1332 Diversity-(Citizenship)

Case Filed:	Dec 29, 2022
Terminated:	Jan 10, 2025

Last checked: Tuesday Jun 27, 2023 2:13 AM PDT

Defendant Teeny Foods Corporation	Represented By Edward Choi Bullard Law contact info
Plaintiff Daniel W Ettling	Represented By Stephen G. Leatham Heurlin Potter Jahn Leatham & Holtmann contact info

	GPO May 17 2023 FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge GRANT Teeny Foods's motion to dismiss (ECF No. 7). Objections to the Findings and Recommendation are due by 5/31/2023. Signed on 5/17/2023 by Magistrate Judge Stacie F. Beckerman. (gw)
	GPO Jun 30 2023 ORDER: The Court adopts Magistrate Judge Beckerman's Findings and Recommendation. ECF 16. Accordingly, Defendant's Motion to Dismiss, ECF 7, is granted. Signed on 6/30/023 by Judge Marco A. Hernandez. (mja)
	GPO Dec 13 2024 OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 41 in full. Defendant Teeny Foods Corporation's Motion for Summary Judgment 27 is DENIED in part and GRANTED in part. IT IS SO ORDERED. Signed on 12/13/2024 by Judge Amy M. Baggio. (gw)

Docket last updated: 11/11/2025 11:59 PM PST

Friday, January 10, 2025
47		47 order Dismissal (60-day) - Terminate Case Fri 01/10 3:06 PM 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines are stricken. By Clerk of Court Melissa Aubin. (gw) Related: [-]
Wednesday, January 08, 2025
46		46 minute Settlement Conference Wed 01/08 3:21 PM MINUTES of Proceedings: Settlement Conference held before Magistrate Judge Andrew D. Hallman. Case settles. Stephen G. Leatham present as counsel for plaintiff. M. Joshua Masser present as counsel for defendant. (ecp) Related: [-]
Friday, December 13, 2024
45		45 2 pgs order Opinion and Order Mon 12/16 2:02 PM OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R41 in full. Defendant Teeny Foods Corporation's Motion for Summary Judgment27 is DENIED in part and GRANTED in part. IT IS SO ORDERED. Signed on 12/13/2024 by Judge Amy M. Baggio. (gw) Related: [-]
Thursday, November 14, 2024
44		44 order 1 - Scheduling Thu 11/14 11:08 AM SCHEDULING ORDER: Settlement Conference is set for Wednesday, January 8, 2025 at 09:00AM by videoconference before Magistrate Judge Andrew D. Hallman. The parties are ordered to submit a Confidential Settlement Memorandum to Judge Hallman by Tuesday, December 31, 2024. Connection information will be sent via email closer to the conference. Signed on 11/14/2024 by Magistrate Judge Andrew D. Hallman. (dsg) Related: [-]
Monday, October 21, 2024
43		43 oth_doc Transcript of Proceedings Mon 10/21 9:48 AM OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/2/24 before Judge Stacie F. Beckerman, Court Reporter Kellie M. Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 10/28/2024. Redaction Request due 11/12/2024. Redacted Transcript Deadline set for 11/21/2024. Release of Transcript Restriction set for 1/21/2025. (Humiston, Kellie) Related: [-]
Wednesday, October 09, 2024
41		41 motion Findings & Recommendation Wed 10/09 9:49 AM FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge GRANT IN PART and DENY IN PART Teeny Foods' motion for summary judgment (ECF No.27 ). Objections to the Findings and Recommendation are due by 10/23/2024. Signed on 10/9/2024 by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
		order Findings & Recommendation Referred Wed 10/09 9:51 AM ORDER referring Findings & Recommendation (ECF No.41 ) and Defendant's Motion for Summary Judgment (ECF No.27 ) to Judge Baggio. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Wednesday, October 02, 2024
		minute Motion Hearing Held Wed 10/02 11:27 AM MINUTES of Proceedings: Oral Argument held on Defendant's Motion for Summary Judgment (ECF No.27 ). The motion is argued and taken under advisement as of 10/2/2024. Stephen G. Leatham present as counsel for plaintiff. Alexander H. Hill present as counsel for defendant. Court Reporter: Kellie Humiston, (503) 326-8186. Magistrate Judge Stacie F. Beckerman presiding. (gw) Related: [-]
Tuesday, October 01, 2024
		order 1 - Scheduling Tue 10/01 5:17 PM ORDER RESETTING LOCATION ONLY: Oral Argument on Defendant's Motion for Summary Judgment (ECF No.27 ) will take place in Portland Courtroom 9A on Wednesday, October 2, 2024 at 9:00 AM before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Wednesday, September 11, 2024
38		38 oth_evt Notice by Clerk of Partial Consent Wed 09/11 9:50 AM NOTICE BY THE CLERK: Currently there is no consent to proceed before a U.S. Magistrate Judge in this case. If any party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found attached to this docket entry or on the court's website at[LINK:ord.uscourts.gov/civil-forms] . It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see[LINK:ord.uscourts.gov/consent] . The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by Tuesday, October 1, 2024. (gw) Related: [-]
Thursday, August 22, 2024
36		36 notice Attorney Substitution Thu 08/22 1:52 PM Notice of Attorney Substitution: Alexander H. Hill is substituted as counsel of record in place of Attorney Diane R. Lenkowsky and William Greg Lockwood . Filed by on behalf of Teeny Foods Corporation. (Hill, Alexander) Related: [-]
		order Order Thu 08/22 4:13 PM ORDER: STRIKING Plaintiff's Motion to Compel Discovery (ECF No. 34 ) and Declaration of Stephen G. Leatham (ECF No. 35 ). The parties are reminded that a telephone conference must be scheduled with Judge Beckerman before any discovery motion is filed, as stated in the Minutes of Proceedings (ECF No.13 ) from the 3/14/2023 Rule 16 conference. If a discovery dispute arises, the party requesting relief should e-mail a summary of the dispute to SBpropdoc@ord.uscourts.gov . Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Wednesday, August 21, 2024
35		35 oth_sup Declaration Wed 08/21 9:29 AM Declaration of Stephen G. Leatham . Filed by Daniel W Ettling. Related [+] (Leatham, Stephen) Related: [-] Motion to Compel,34 .
34		34 motion Compel Wed 08/21 9:26 AM Motion to Compel Discovery . Filed by Daniel W Ettling. (Leatham, Stephen) Related: [-]
		Att: 1 Exhibit Plaintiff's 2nd Request for Production,
		Att: 2 Exhibit Defendants' Responses,
		Att: 3 Exhibit Letter to Defendant Counsel,
		Att: 4 Exhibit Emails Between Counsel,
		Att: 5 Exhibit Email Between Counsel,
		Att: 6 Exhibit Email Between Counsel
Tuesday, August 20, 2024
		order 1 - Scheduling Tue 08/20 5:15 PM SCHEDULING ORDER regarding Defendant's Motion for Summary Judgment (ECF No.27 ): Oral Argument is set for Wednesday, October 2, 2024 at 9:00 AM in Portland Courtroom 13B before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Tuesday, August 13, 2024
32		32 resp Reply to Motion Tue 08/13 5:08 PM Reply to Motion for Summary Judgment 27 Oral Argument requested. Filed by All Defendants. (Masser, M.) Related: [-]
Wednesday, July 31, 2024
31		31 oth_sup Declaration Wed 07/31 8:54 AM Declaration of Stephen G. Leatham . Filed by Daniel W Ettling. Related [+] (Leatham, Stephen) Modified docket text on 7/31/2024 to correct document title. (dino) Related: [-] Motion for Summary Judgment27 .
30		30 oth_ans Response Wed 07/31 8:50 AM Response Related [+] Filed by Daniel W Ettling. (Leatham, Stephen) Related: [-] Motion for Summary Judgment27 .
		Att: 1 Exhibit Biggs v. City of St. Paul,
		Att: 2 Exhibit Deposition Transcript
Friday, July 12, 2024
29		29 oth_doc Corporate Disclosure Statement Fri 07/12 2:34 PM Amended Corporate Disclosure Statement . Filed by Teeny Foods Corporation. (Masser, M.) Related: [-]
Wednesday, July 10, 2024
28		28 oth_sup Declaration Wed 07/10 4:30 PM Declaration of Diane Lenkowsky . Filed by Teeny Foods Corporation. Related [+] (Lenkowsky, Diane) Related: [-] Motion for Summary Judgment27 .
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6,
		Att: 7 Exhibit 7,
		Att: 8 Exhibit 8
27		27 motion Summary Judgment Wed 07/10 4:27 PM Motion for Summary Judgment . Oral Argument requested. Filed by Teeny Foods Corporation. (Lenkowsky, Diane) Related: [-]
Thursday, April 25, 2024
26		26 adr Joint Alternate Dispute Resolution Report Thu 04/25 5:20 PM Joint ADR Report . Filed by Teeny Foods Corporation.(Lenkowsky, Diane) Related: [-]
Tuesday, February 20, 2024
25		25 notice Withdrawal of Attorney Attorney Substitution Tue 02/20 8:49 AM Notice of Attorney Withdrawal: , Notice of Attorney Substitution: William Greg Lockwood is substituted as counsel of record in place of Attorney Christopher E. Hawk . Filed by on behalf of Teeny Foods Corporation. (Lockwood, William) Related: [-]
Thursday, January 11, 2024
23		23 motion Extension of Discovery & PTO Deadlines Thu 01/11 1:17 PM Second Motion for Extension of Discovery & PTO Deadlines Stipulated . Filed by Teeny Foods Corporation. (Lenkowsky, Diane) Related: [-]
		order Order on Motion for Extension of Discovery & PTO Deadlines Thu 01/11 2:41 PM ORDER: Granting the parties' Second Stipulated Motion to Extend Time (ECF No.23 ). Fact Discovery is to be completed by 4/25/2024. Joint Alternate Dispute Resolution Report is due by 4/25/2024. Dispositive Motions are due by 7/11/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Friday, September 29, 2023
21		21 motion Extension of Time Fri 09/29 9:42 AM Stipulated Motion for Extension of Time . Filed by Teeny Foods Corporation. (Lenkowsky, Diane) Related: [-]
		order Order on Motion for Extension of Time Fri 09/29 11:06 AM ORDER: Granting the parties' Stipulated Motion to Extend Time (ECF No.21 ). Fact Discovery is to be completed by 1/25/2024. Joint Alternate Dispute Resolution Report is due by 1/25/2024. Dispositive Motions are due by 4/11/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Wednesday, July 26, 2023
20		20 notice Attorney Substitution Wed 07/26 12:22 PM Notice of Attorney Substitution: Christopher E. Hawk is substituted as counsel of record in place of Attorney Edward Choi . Filed by on behalf of Teeny Foods Corporation. (Hawk, Christopher) Related: [-]
Friday, July 14, 2023
19		19 answer Answer to Complaint Fri 07/14 1:24 PM Answer to1 Complaint with Jury Demand and Affirmative Defenses. Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
Friday, June 30, 2023
18		18 2 pgs order Order on Motion to Dismiss Order on Findings & Recommendation Mon 07/03 9:18 AM ORDER: The Court adopts Magistrate Judge Beckerman's Findings and Recommendation. ECF16 . Accordingly, Defendant's Motion to Dismiss, ECF7 , is granted. Signed on 6/30/023 by Judge Marco A. Hernandez. (mja) Related: [-]
Wednesday, May 17, 2023
16		16 motion Findings & Recommendation Wed 05/17 2:20 PM FINDINGS AND RECOMMENDATION: For the reasons stated, the Court recommends that the district judge GRANT Teeny Foods's motion to dismiss (ECF No.7 ). Objections to the Findings and Recommendation are due by 5/31/2023. Signed on 5/17/2023 by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
		order Findings & Recommendation Referred Wed 05/17 2:25 PM ORDER referring Findings and Recommendation (ECF No.16 ) and Defendant's Motion to Dismiss (ECF No.7 ) to Judge Hernandez. Ordered on 5/17/2023 by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Thursday, April 20, 2023
15		15 9 pgs order Order on Motion for Protective Order Thu 04/20 8:52 AM STIPULATED PROTECTIVE ORDER Signed on 4/20/2023 by United States Magistrate Judge Stacie F. Beckerman. (pjg) Related: [-]
Wednesday, April 19, 2023
14		14 motion Protective Order Wed 04/19 2:36 PM Stipulated Motion for Protective Order . Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
Tuesday, March 14, 2023
13		13 minute Rule 16 Conference Tue 03/14 4:44 PM MINUTES of Proceedings: Rule 16 Conference held before Magistrate Judge Stacie F. Beckerman by telephone on 3/14/2023. ORDER SETTING the following case management schedule: Parties are to amend pleadings or add any additional parties or claims by 8/31/2023. Fact Discovery is to be completed by 10/27/2023. Joint Alternate Dispute Resolution Report is due by 10/27/2023. Dispositive Motions are due by 1/12/2024. ORDER striking Pretrial Order deadline. The parties may file written consents to proceed before a Magistrate Judge at any time, but the court recommends that consent forms be filed before a dispositive motion (i.e., motion to dismiss, motion for summary judgment) is heard. (The consent form is attached.) For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are advised that a telephone conference must be scheduled with Judge Beckerman before any discovery motion is filed. If a discovery dispute arises, the party requesting relief should e-mail a summary of the dispute to SBpropdoc@ord.uscourts.gov. Stephen G. Leatham present as counsel for plaintiff. Edward Choi present as counsel for defendant. Magistrate Judge Stacie F. Beckerman presiding. (gw) Related: [-]
Thursday, March 09, 2023
		order 1 - Scheduling Thu 03/09 4:27 PM SCHEDULING ORDER: Setting a Rule 16 Conference for Tuesday, March 14, 2023, at 4:30 PM by telephone. (Conference call information to follow by separate sealed entry.) Local Rules 16-2(b) and 26-1 require that counsel confer before the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Wednesday, March 08, 2023
11		11 oth_doc Rule 26(f) Report and Discovery Plan Wed 03/08 12:15 PM Joint Rule 26(f) Report and Discovery Plan . Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
Wednesday, February 15, 2023
9		9 resp Reply to Motion Wed 02/15 2:30 PM Reply to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.17 . Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
		order 9 - Taking Motion Under Advisement Wed 02/15 4:25 PM ORDER: Taking Defendant's Motion to Dismiss (ECF No.7 ) under advisement as of 2/15/2023. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) Related: [-]
Thursday, February 02, 2023
8		8 resp Response to Motion Thu 02/02 10:26 AM Response to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.17 . Filed by Daniel W Ettling. (Leatham, Stephen) Related: [-]
Friday, January 20, 2023
7		7 motion Dismiss Fri 01/20 1:04 PM Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
6		6 oth_doc Corporate Disclosure Statement Fri 01/20 12:58 PM Corporate Disclosure Statement . Filed by Teeny Foods Corporation. (Choi, Edward) Related: [-]
Wednesday, January 04, 2023
5		5 service Affidavit of Service Wed 01/04 10:40 AM Affidavit of Service of Summons Issued3 upon Teeny Foods Corporation served on 12/30/2022 Filed by Daniel W Ettling. (Leatham, Stephen) Related: [-]
Thursday, December 29, 2022
4		4 oth_doc Civil Cover Sheet Thu 12/29 1:10 PM Civil Cover Sheet regarding Complaint1 . Filed by Daniel W Ettling. (Leatham, Stephen) Related: [-]
3		3 service Summons Issued Thu 12/29 12:47 PM Summons Issued Electronically as to Teeny Foods Corporation. 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. (dino) Related: [-]
2		2 order 3 - Discovery and Pretrial Scheduling Order - FORM EVENT Thu 12/29 12:44 PM Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman 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 4/28/2023. Joint Alternate Dispute Resolution Report is due by 5/30/2023. Pretrial Order is due by 5/30/2023. Ordered by Magistrate Judge Stacie F. Beckerman. (dino) Related: [-]
1		1 cmp Complaint Thu 12/29 10:20 AM Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8768849 Jury Trial Requested: Yes. Filed by Daniel W Ettling against Teeny Foods Corporation. (Leatham, Stephen) Related: [-]
		Att: 1 Proposed Summons

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