Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 06-18-2020
Case Style:
Matthew Allison and Tim Nay v. James Decou, Smoot Enterprises, Inc., Horizon Transport, Inc. and Jonathan Hogaboom
Case Number: 2:17-cv-01598-SU
Judge: Patricia Sullivan
Court: United States District Court for the District Oregon (Umatilla County)
Plaintiff's Attorney:
Call 918-582-6422 for help finding a great personal injury lawyer in Pendleton, Oregon
Defendant's Attorney: Brian B. Williams for Smoot Enterprises, Inc. and James Decou
Carl R. Rodrigues, Brandon W. Stuber, Jonathan Henderson and R. Daniel Lindahl for Jonathan Hogaboom and Horizon Transport, Inc.
Description:
Pendelton, OR - Matthew Allison and Tim Nay, as the Personal Representative of the Estate of Sara E. Allison, v. James Decou, Smoot Enterprises, Inc., Horizon Transport, Inc. and Jonathan Hogaboom on wrongful death, personal injury, auto negligence and respondeat superior theories.
The case was file in Multnomah County Circuit Court, 17CV35973, and was removed to federal court by the Defendants.
06/04/2019 177 JUDGMENT: IT IS ORDERED AND ADJUDGED THAT The claims against the Smoot Defendants are dismissed with prejudice. (See judgment for more information). Signed on 6/4/2019 by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 06/04/2019)
06/18/2019 178 Bill of Costs . Filed by All Plaintiffs. (D'Amore, Thomas) (Entered: 06/18/2019)
06/18/2019 179 Declaration of Thomas D'Amore In Support of Plaintiffs' Bill of Costs. Filed by All Plaintiffs. (Related document(s): Bill of Costs 178 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (D'Amore, Thomas) (Entered: 06/18/2019)
06/25/2019 180 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 4/29/2019 before Judge Patricia Sullivan, Court Reporter Jeannine Manny, telephone number 541-696-7439. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/2/2019. Redaction Request due 7/16/2019. Redacted Transcript Deadline set for 7/26/2019. Release of Transcript Restriction set for 9/23/2019. (dsg) (Entered: 06/25/2019)
06/25/2019 181 Unopposed Motion for Bond . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Stuber, Brandon) (Entered: 06/25/2019)
06/25/2019 182 Bond in the amount of $25,316,418.00 posted. . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Stuber, Brandon) (Entered: 06/25/2019)
06/25/2019 183 ORDER: Pursuant to FRCP 62(b), the supersedeas bond as submitted is APPROVED and the deadline for the automatic stay of execution of judgment is extended pending post-trial motions and submission of an appeal. Ordered by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 06/25/2019)
07/02/2019 184 Objections to Bill of Costs 178 . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Henderson, Jonathan) (Entered: 07/02/2019)
07/02/2019 185 Motion for New Trial . Oral Argument requested. Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Henderson, Jonathan) (Entered: 07/02/2019)
07/02/2019 186 Declaration of Brandon Stuber . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Related document(s): Motion for new trial 185 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Henderson, Jonathan) (Entered: 07/02/2019)
07/09/2019 187 Scheduling Order: Oral Argument regarding Motion for New Trial 185 is set for 8/21/2019 at 01:00PM in Pendleton before Magistrate Judge Patricia Sullivan. Ordered by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 07/09/2019)
07/11/2019 188 Stipulated Motion for Extension of Time to File a Response/Reply to Motion for New Trial 185 . Filed by All Plaintiffs. (D'Amore, Thomas) (Entered: 07/11/2019)
07/12/2019 189 ORDER: Motion for Extension of Time to File Response to Motion for New Trial 185 is GRANTED. Response is due by 7/23/2019. Ordered by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 07/12/2019)
07/16/2019 190 Response to Defendant Horizon's Objections to Bill of Costs 178 . Filed by All Plaintiffs. (D'Amore, Thomas) (Entered: 07/16/2019)
07/16/2019 191 Declaration of Thomas D'Amore in Support of Plaintiffs' Response to Defendant Horizon's Objections to Plaintiffs' Bill of Costs. Filed by All Plaintiffs. (Related document(s): Response to Motion 190 .) (D'Amore, Thomas) (Entered: 07/16/2019)
07/22/2019 192 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 1 held on 4/30/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 193 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 2 held on 5/1/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 194 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 3 held on 5/2/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 195 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 4 held on 5/3/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 196 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 5 held on 5/6/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 197 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 6 held on 5/7/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 198 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 7 held on 5/8/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 199 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 8 held on 5/9/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/22/2019 200 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 9 held on 5/10/2019 before Judge Patricia Sullivan, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Shumway, Bonita) (Entered: 07/22/2019)
07/23/2019 201 Response IN OPPOSITION to Motion for New Trial 185 . Filed by All Plaintiffs. (D'Amore, Thomas) (Entered: 07/23/2019)
07/23/2019 202 Declaration of Thomas D'Amore OF THOMAS D'AMORE IN SUPPORT OF PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR NEW TRIAL OR REMITTITUR. Filed by All Plaintiffs. (Related document(s): Response to Motion 201 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (D'Amore, Thomas) (Entered: 07/23/2019)
07/25/2019 203 Stipulated Motion to Extend Deadline to Reply to Plaintiffs' Response to Motion for New Trial or Remittitur. Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Stuber, Brandon) (Entered: 07/25/2019)
07/29/2019 204 ORDER: Motion for Extension of Time to File Reply to Motion for New Trial 185 is GRANTED. Reply is due by 8/13/2019. Ordered by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 07/29/2019)
08/13/2019 205 Reply to Motion for New Trial 185 ORAL ARGUMENT requested. Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Henderson, Jonathan) (Entered: 08/13/2019)
08/21/2019 206 MINUTES of Proceedings: Motion Hearing HELD before Magistrate Judge Patricia Sullivan. Transcripts shall be filed within 7 days. Motion for New Trial 185 will go under advisement when the transcripts are filed. Steven J. Brady, Thomas D. D'Amore present as counsel for plaintiffs. Brandon W. Stuber, Jonathan Henderson present as counsel for defendants. Court Reporter: Jeannine Manny. (dsg) (Entered: 08/21/2019)
08/21/2019 207 ORDER for production of transcript at government expense for the hearing held on 8/21/2019 before Judge Patricia Sullivan. Court Reporter: Jeannine Manny. Ordered by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 08/21/2019)
08/28/2019 208 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 8/21/19 before Judge Patricia Sullivan, Court Reporter Jeannine Manny, telephone number 541-276-0630. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/4/2019. Redaction Request due 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019. (dsg) (Entered: 08/28/2019)
10/11/2019 209 OPINION AND ORDER: Defendants Motion for a New Trial, or in the Alternative Remittitur 185 is DENIED. (See 23 page opinion for more information.) Signed on 10/11/2019 by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 10/11/2019)
10/15/2019 210 Supplemental Bill of Costs . Filed by Matthew Allison. (D'Amore, Thomas) (Entered: 10/15/2019)
10/15/2019 211 Declaration of Thomas D'Amore in Support of Plaintiffs' Supplemental Cost Bill. Filed by Matthew Allison. (Related document(s): Bill of Costs 210 .) (Attachments: # 1 Exhibit 1 to Declaration of Thomas D'Amore in Support of Plaintiffs' Supplemental Cost Bill, # 2 Exhibit 2 to Declaration of Thomas D'Amore in Support of Plaintiffs' Supplemental Cost Bill) (D'Amore, Thomas) (Entered: 10/15/2019)
10/25/2019 212 Notice of Appearance of R. Daniel Lindahl appearing on behalf of Jonathan Hogaboom, Horizon Transport, Inc. Filed by on behalf of Jonathan Hogaboom, Horizon Transport, Inc.. (Lindahl, R.) (Entered: 10/25/2019)
10/29/2019 213 Objections to Supplemental Bill of Costs 210 . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Stuber, Brandon) (Entered: 10/29/2019)
10/29/2019 214 Declaration of Brandon W. Stuber . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Attachments: # 1 Attachment) (Stuber, Brandon) (Entered: 10/29/2019)
11/08/2019 215 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-6075681: . Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Lindahl, R.) (Entered: 11/08/2019)
11/12/2019 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 215 . Case Appealed to 9th Circuit Court of Appeals Case Number 19-35941 assigned. (jtj) (Entered: 11/12/2019)
11/12/2019 216 Response to Defendants' Objections to Supplemental Bill of Costs 210 . Filed by All Plaintiffs. (Bruning, Amy) (Entered: 11/12/2019)
11/12/2019 217 Declaration of Bonita Shumway . Filed by All Plaintiffs. (Related document(s): Response to Motion 216 .) (Bruning, Amy) (Entered: 11/12/2019)
12/06/2019 218 Notice Regarding Transcripts Per Ninth Circuit Rule 10-3.1(c) Filed by Jonathan Hogaboom, Horizon Transport, Inc.. (Lindahl, R.) (Entered: 12/06/2019)
01/07/2020 219 OPINION AND ORDER: Plaintiffs Bill of Costs is allowed, in part, in the amount of $49,997.45. (See 6-page opinion for more information.) Signed on 1/7/2020 by Magistrate Judge Patricia Sullivan. (dsg) (Entered: 01/07/2020)
04/21/2020 220 Order of USCA for the 9th Circuit, USCA # 19-35941, re Notice of Appeal 215 . Pursuant to the stipulation of the parties (Docket Entry No. 20), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (jtj) (Entered: 04/21/2020)
05/20/2020 221 Satisfaction re Order on Cost bill, 219 , Judgment 177 by All Plaintiffs. Filed by All Plaintiffs. (D'Amore, Thomas) (Entered: 05/20/2020)
05/27/2020 222 Entry of Satisfaction by the Clerk of Court. (dsg) (Entered: 05/27/2020)
MoreLaw ReceptionistsVOIP Phone and Virtual Receptionist Services
Call 918-582-6422 Today
Outcome: Plaintiff Matthew Allison shall recover from Defendants Horizon Transport, Inc., and Jonathan Hogaboom (“Horizon Defendants”) $7,600,000 in compensatory damages, less an offset of $450,000 reflecting payment from the Smoot Defendants, for a total of $7,150,000 in compensatory damages.
Plaintiff Tim Nay, as the Personal Representative for the Estate of Sara E. Allison, shall recover from the Horizon Defendants $12,383,463 (million) in compensatory damages, less an offset of $450,000 reflecting payment from the Smoot Defendants, for a total of $11,933,463 in compensatory damages.
Plaintiffs, and the Oregon Department of Justice as judgment creditor, shall recover from the Horizon Defendants $5,000,000 in punitive damages.
Plaintiffs shall be entitled to their costs as determined pursuant to Federal Rule of Civil Procedure 54.
Post-judgment interest at the rate of 2.21% per annum shall accrue on the foregoing amounts from the date of entry of this judgment until paid.
On June 4, 2019, the Court entered a judgment in favor of Plaintiffs and against Defendants Horizon Transport, Inc. and Jonathan Hogaboom. ECF No. 177. Because the judgment included an award of punitive damages, the judgment provided that the Oregon Department of Justice was, in addition to Plaintiffs, a judgment creditor.
On January 7, 2020, the Court entered an order awarding costs to Plaintiffs and against defendants Horizon Transport, Inc. and Jonathan Hogaboom in the sum of $49,997.45. ECF No. 219.
On May 20, 2020, Plaintiffs and the Oregon Department of Justice submitted a Notice of Full Satisfaction of Judgment for Damages and Order for Costs, by which they notified the Court that the Judgment and Order for Costs have been fully satisfied. ECF No. 221. Pursuant to the Plaintiffs’ and Oregon Department of Justice’s request and based on their representation, the Clerk of Court certifies that the Judgment entered on June 4, 2019, and the Order for Costs entered on January 7, 2020, in the above-captioned cause are fully satisfied and discharged.
Plaintiff's Experts:
Defendant's Experts:
Comments: