Wescott v. Pollock et al
| Oregon District Court | |
| Judge: | Michael H Simon |
| Case #: | 3:23-cv-01736 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 22, 2023 |
| Terminated: | Nov 26, 2024 |
| Last checked: Monday May 20, 2024 1:40 AM PDT |
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Defendant
Does 1 through 10
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Defendant
Mr. Roger M. Pollock
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Plaintiff
Carl A. Wescott
1115 Willow Avenue #512
Hoboken, NJ 07030 |
GPO
Oct 16 2024
ORDER - The Court GRANTS IN PART and DENIES IN PART Defendant's motion to dismiss, ECF 21. The Court grants the motion with respect to Wescott's first breach of contract claim based on the Financing Contract and dismisses that claim. The Court denies the motion with respect to Wescott's second claim for $5,717.07 under the Appraisal Agreement. This claim may thus move forward in this Court. Wescott may file an amended complaint not later than November 15, 2024, if he can cure the deficiencies identified in this Order relating to his first breach of contract claim consistent with Wescott's obligations under Rule 11. Signed on 10/16/2024 by Judge Michael H. Simon. (mja) |
| Docket last updated: 05/13/2025 11:59 PM PDT |
| Friday, December 13, 2024 | ||
| 37 | 37
notice
Voluntary Dismissal of Case
Fri 12/13 9:14 AM
Stipulated Notice of Voluntary Dismissal . Filed by Roger M. Pollock. (Mann, Carter) |
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| Thursday, December 12, 2024 | ||
| 36 | 36
order
Order on Motion for Default Judgment
Thu 12/12 4:31 PM
ORDER - The Plaintiff informed the Court that he mailed his motion for default judgment (ECF34 ) to the court prior to the case settling. Therefore, Plaintiff's motion is DENIED as MOOT. Ordered by Judge Michael H. Simon. (mja) |
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| Wednesday, December 11, 2024 | ||
| 35 | 35
oth_sup
Declaration
Wed 12/11 4:46 PM
Declaration and Sworn Affidavit of Carl A. Wescott. Filed by Carl A. Wescott. (dino) |
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| 34 | 34
motion
Default Judgment
Wed 12/11 4:45 PM
Motion for Default Judgment. Filed by Carl A. Wescott. (dino) |
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| Tuesday, December 10, 2024 | ||
| 38 | 38
motion
Default Entry
Fri 12/13 2:52 PM
Motion for Entry of Default. Filed by Carl A. Wescott. (gd) |
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| Monday, December 02, 2024 | ||
| 33 | 33
oth_sup
Declaration
Mon 12/02 4:29 PM
Declaration of Ryan O'Hollaren in Support of LR 41-1(C) Order Regarding Settlement . Filed by Roger M. Pollock. (O'Hollaren, Ryan) |
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| Tuesday, November 26, 2024 | ||
| 32 | 32
order
Dismissal (60-day) - Terminate Case
Tue 11/26 2:41 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 fees or costs to any party 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 and any trial date are stricken. By Clerk of Court Melissa Aubin. Modified on 11/26/2024 to remove notice of mailing (mja) |
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| Thursday, November 21, 2024 | ||
| 31 | 31
notice
Notice
Thu 11/21 3:39 PM
Notice of Plaintiff's Compliance with Order #29 . Filed by Carl A. Wescott. (dino) |
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| Monday, November 18, 2024 | ||
| 30 | 30
cmp
Amended Complaint (ALL CASE TYPES)
Mon 11/18 3:38 PM
Amended Complaint. Filed by Carl A. Wescott against All Defendants. (dino) |
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| Wednesday, October 16, 2024 | ||
| 29 | 29
14
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 10/16 4:35 PM
ORDER - The Court GRANTS IN PART and DENIES IN PART Defendant's motion to dismiss, ECF21 . The Court grants the motion with respect to Wescott's first breach of contract claim based on the Financing Contract and dismisses that claim. The Court denies the motion with respect to Wescott's second claim for $5,717.07 under the Appraisal Agreement. This claim may thus move forward in this Court. Wescott may file an amended complaint not later than November 15, 2024, if he can cure the deficiencies identified in this Order relating to his first breach of contract claim consistent with Wescott's obligations under Rule 11. Signed on 10/16/2024 by Judge Michael H. Simon. (mja) |
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| Thursday, August 22, 2024 | ||
| 28 | 28
notice
Attorney Association
Thu 08/22 3:00 PM
Notice of Association of Attorney of Mohammed Workicho appearing on behalf of Roger M. Pollock . Filed by on behalf of Roger M. Pollock. (Workicho, Mohammed) |
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| Tuesday, July 30, 2024 | ||
| 27 | 27
notice
Address Change
Tue 07/30 11:36 AM
Notice of Change of Email Address. Filed by Carl A. Wescott. (eo) |
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| Tuesday, July 02, 2024 | ||
| 26 | 26
resp
Reply to Motion
Tue 07/02 12:40 PM
Reply to Motion to Dismiss for Failure to State a Claim 21 Oral Argument Requested requested. Filed by Roger M. Pollock. (Mann, Carter) |
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| 25 | 25
oth_sup
Declaration
Tue 07/02 12:37 PM
Declaration and Sworn Affidavit of Carl Wescott, ECF24 . Filed by Carl A. Wescott. (mja) |
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| 24 | 24
resp
Response to Motion
Tue 07/02 12:35 PM
Plaintiff's Response to Defendant's Motion to Dismiss for Failure to State a Claim, ECF21 . Filed by Carl A. Wescott. (mja) |
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| Thursday, June 13, 2024 | ||
| 23 | 23
motion
Extension of Time
Tue 07/02 12:26 PM
Motion for Extension of Time to Defendant's Motion to Dismiss, ECF21 . Filed by Carl A. Wescott. (mja) |
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Att: 1
Exhibit A
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order
Show Cause
Thu 06/13 4:28 PM
ORDER - On May 21, 2024, Defendant filed a Motion to Dismiss (ECF21 ). Pursuant to Local Rule 7-1(e)(1), Plaintiff had until June 4, 2024 to respond to Defendant's Motion to Dismiss. The record indicates that Plaintiff has failed to do so. Failure to follow local rules is a proper ground for dismissal of an action. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, a plaintiff who makes a claim in a complaint but fails to raise the issue in response to a defendant's motion to dismiss that claim has effectively abandoned that claim. Walsh v. Nev. Dep't of Hum. Res., 471 F.3d 1033, 1037 (9th Cir. 2006). Plaintiff must file a response to Defendants Motion to Dismiss by June 27, 2024, and show good cause for his failure to respond, or the Court will dismiss Plaintiff's claims. Ordered by Judge Michael H. Simon. (mja) |
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| Tuesday, May 21, 2024 | ||
| 21 | 21
motion
Dismiss for Failure to State a Claim
Tue 05/21 1:32 PM
Motion to Dismiss for Failure to State a Claim . Oral Argument requested.. (Mann, Carter) |
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| Friday, May 03, 2024 | ||
| 20 | 20
service
Summons/Service Return (All Types)
Mon 05/06 10:16 AM
Return of Service Executed as to Roger M. Pollock served on 5/2/2024, answer due on 5/23/2024. (dino) |
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| Thursday, April 04, 2024 | ||
| 18 | 18
service
Service Papers Received
Thu 04/04 8:54 AM
Service Papers Received. Summons issued as to Roger M. Pollock. Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service. (fp) (fp) |
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Att: 1
(4/4/2024) Attachment USM 285 Form
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| Monday, April 01, 2024 | ||
| 19 | 19
notice
Notice
Mon 04/08 9:48 AM
Notice of Plaintiff's Compliance with Order #16 . Filed by Carl A. Wescott. (dino) |
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| 17 | 17
notice
Address Change
Tue 04/02 11:09 AM
Notice of Change of Address. Filed by Carl A. Wescott. (dino) |
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| Monday, March 18, 2024 | ||
| 16 | 16
2
pgs
order
Order on Motion for Order
Mon 03/18 5:31 PM
ORDER - Finding that Plaintiff has provided sufficiently detailed information about the property to establish good cause that service may be completed on Mr. Pollock at that address, the Court GRANTS Plaintiff's Corrected and Amended Motion, ECF15 . The Court DENIES AS MOOT Plaintiff's Motion Requesting Order for Service of Process, ECF13 . The Court directs Plaintiff to submit a new USM-285 form to the U.S. Marshal Service following the "Instructions For Service of Process by U.S. Marshal." Plaintiff must include more detailed instructions about the property and how to reach Mr. Pollock's residence in the "Special Instructions" box of the USM-285 form. Plaintiff may attach to the new USM-285 form the documents appended as exhibits to Plaintiff's Corrected and Amended Motion showing additional information about the property. The Court directs the U.S. Marshal Service to attempt service of the Complaint on Mr. Pollock using the revised instruction. Further, finding that Plaintiff has shown good cause for extending the time for service under Rule 4(m) of the Federal Rules of Civil Procedure, the Court extends the time for service and ORDERS Plaintiff to file proof of service within 45 days of the entry of this Order. Signed on 3/18/2024 by Judge Michael H. Simon. (mja) |
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| Monday, March 11, 2024 | ||
| 15 | 15
motion
Motion - Miscellaneous
Tue 03/12 12:22 PM
Corrected and Amended Motion for Order to Serve Process. Filed by Carl A. Wescott. (gd) |
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| Friday, March 08, 2024 | ||
| 14 | 14
notice
Address Change
Tue 03/12 8:59 AM
Notice of Change of Address. Filed by Carl A. Wescott. (gd) |
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| Friday, March 01, 2024 | ||
| 13 | 13
2
pgs
motion
Order
Mon 03/04 11:28 AM
Motion for Order to Serve Process. Filed by Carl A. Wescott. (dino) |
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| Tuesday, February 27, 2024 | ||
| 12 | 12
1
pgs
order
Order on Application for CMECF Registration as a Self-Represented Party - FORM EVENT
Tue 02/27 1:57 PM
ORDER - The Court GRANTS Plaintiff's Application for CM/ECF Registration as a Self-Represented Party, ECF11 . Signed on 2/27/2024 by Judge Michael H. Simon. (mja) |
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| Monday, February 26, 2024 | ||
| 11 | 11
motion
Application for CM/ECF Registration as a Self-Represented Party
Mon 02/26 7:42 AM
Application for CM/ECF Registration as a Self-Represented Party. Filed by Carl A. Wescott. (ecp) |
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| Friday, February 16, 2024 | ||
| 10 | 10
2
pgs
order
Order on Motion for Order
Fri 02/16 1:20 PM
ORDER - The Court DENIES Plaintiff's motion, ECF9 , requesting an order for the U.S. Marshals Service to serve process. To the extent the motion requests service on Ms. Ramirez Sing, she is not a defendant in this action and Plaintiff has not requested leave to amend his complaint to substitute Ms. Ramirez Sing in place of a Doe Defendant, nor has Plaintiff provided a summons or USM-285 form for Ms. Ramirez Sing. To the extent the motion seeks a second attempt at service on Mr. Pollock, Plaintiff offers no different address than the vacant lot at which the U.S. Marshals Service previously was unable to serve Mr. Pollock. Signed on 2/16/2024 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 2/16/2024.) (mja) |
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| Thursday, January 18, 2024 | ||
| 9 | 9
3
pgs
motion
Order
Mon 01/22 10:53 AM
Motion for Order to Serve Process. Filed by Carl A. Wescott. (dino) |
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| Monday, January 08, 2024 | ||
| 8 | 8
service
Summons/Service Return (All Types)
Mon 01/08 3:19 PM
Return of Service Unexecuted as to Roger M. Pollock. (dino) |
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| Wednesday, December 13, 2023 | ||
| 7 | 7
service
Service Papers Received
Wed 12/13 12:30 PM
Service Papers Received. Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service. (eo) |
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| Wednesday, December 06, 2023 | ||
| 6 | 6
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Wed 12/06 1:28 PM
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (dino) |
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| Tuesday, November 28, 2023 | ||
| 5 | 5
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Tue 11/28 11:34 AM
Notice of Case Assignment to Judge Michael H. Simon 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 3/27/2024. Joint Alternate Dispute Resolution Report is due by 4/26/2024. Pretrial Order is due by 4/26/2024. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/28/2023.) (dino) |
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| Monday, November 27, 2023 | ||
| 4 | 4
1
pgs
order
Order on Motion/Application for Leave to Proceed IFP FORM EVENT
Mon 11/27 2:29 PM
ORDER - The Court GRANTS Plaintiff's Motion for Leave to Proceed in Forma Pauperis, ECF2 . Signed on 11/27/2023 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/27/2023.) (mja) |
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| 3 | 3
oth_evt
Case Assignment Notice - FORM EVENT
Mon 11/27 11:06 AM
Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/27/2023.) (dino) |
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| Wednesday, November 22, 2023 | ||
| 2 | 2
motion
Application for Leave to Proceed IFP
Mon 11/27 11:00 AM
Application for Leave to Proceed IFP. Filed by Carl A. Wescott. (dino) Modified on 11/27/2023 to correct date of filing (dino) |
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| 1 | 1
cmp
Complaint
Mon 11/27 10:58 AM
Complaint. Jury Trial Requested: Yes. Filed by Carl A. Wescott against Roger M. Pollock, Does 1 through 10. (dino) |
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Att: 1
Civil Cover Sheet
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