§Why CasetextPricing

Reynolds v. Princeton Property Management Inc et al

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. O'Donnell v. Vencor Inc.

    466 F.3d 1104 (9th Cir. 2006)   Cited 188 times
    Holding that "where a complaint is timely filed and later dismissed, the timely filing of the complaint does not 'toll' or suspend the ninety-day limitations period" for the plaintiff's Title VII claims, and noting that "dismissal of the original suit, even though labeled as without prejudice, nevertheless may sound the death knell for the plaintiff's underlying cause of action if the sheer passage of time precludes the prosecution of a new action"

  4. Sams v. Yahoo! Inc.

    713 F.3d 1175 (9th Cir. 2013)   Cited 140 times   1 Legal Analyses
    Holding that, when considering a motion to dismiss under Rule 12(b), courts "are permitted to consider documents that were not physically attached to the complaint where the documents' authenticity is not contested, and the plaintiff's complaint necessarily relies on them"

  5. Wei v. Hawaii

    763 F.2d 370 (9th Cir. 1985)   Cited 274 times
    Holding that inadvertence, oversight, or failure to calendar deadlines does not constitute good cause, or excusable neglect

  6. Granewich v. Harding

    329 Or. 47 (Or. 1999)   Cited 110 times
    Holding that section 876(b) of the Restatement (Second) of Torts defines a cognizable claim under Oregon law

  7. Ferguson v. Mgmt. Training Corp.

    3:16-CV-00706-BR (D. Or. Jan. 10, 2017)   Cited 3 times

    3:16-CV-00706-BR 01-10-2017 DEBORAH FERGUSON, Plaintiff, v. MANAGEMENT TRAINING CORPORATION, a foreign corporation, and INLAND BOATMAN'S UNION, Defendants. ERIC J. FJELSTAD Smith & Fjelstad 722 N. Main Avenue Gresham, OR 97030 (503) 669-2242 MARTIN C. DOLAN Dolan Law Group PC 4300 N.E. Fremont St Suite 250 Portland, OR 97213 (503) 227-2377 Attorneys for Plaintiff MARK A. CRABTREE APRIL L. UPCHURCH FREDRICKSON Jackson Lewis PC 1001 S.W. Fifth Avenue Suite 1205 Portland, OR 97204 (503) 229-0404 Attorneys

  8. Hannan v. Bus. Journal Publications, Inc.

    Case No. 3:14-cv-00831-SB (D. Or. Nov. 30, 2015)   Cited 2 times

    Case No. 3:14-cv-00831-SB 11-30-2015 PAMELA B. HANNAN, Plaintiff, v. BUSINESS JOURNAL PUBLICATIONS, INC.; AMERICAN CITY BUSINESS JOURNALS, INC; and JAMES C. WESSEL, Defendants. Michael H. Simon, District Judge. OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATION Michael H. Simon, District Judge. United States Magistrate Judge Stacie F. Beckerman issued Findings and Recommendation in this case on October 2, 2015. Dkt. 46 (hereinafter "F&R"). Judge Beckerman recommended that Defendants' motion for

  9. Bliss v. Southern Pacific Co.

    212 Or. 634 (Or. 1958)   Cited 67 times
    Holding that an alleged conspiracy to bring about a termination of a lease was not tortious when an alleged co-conspirator could terminate the lease as a matter of contract right

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Section 12117 - Enforcement

    42 U.S.C. § 12117   Cited 3,461 times   10 Legal Analyses
    Adopting exhaustion procedures set forth in Title VII for ADA claims

  13. Section 659.030 - [Renumbered]

    ORS § 659.030   Cited 229 times
    Prohibiting employment discrimination against an individual "because of the * * * sex * * * of any other person with whom the individual associates"

  14. Section 659A.030 - Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited

    ORS § 659A.030   Cited 221 times   5 Legal Analyses

    (1) It is an unlawful employment practice: (a) For an employer, because of an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates, or because of an individual's juvenile record that has been expunged pursuant to

  15. Section 659A.875 - Time limitations

    ORS § 659A.875   Cited 72 times
    Requiring a civil action alleging an unlawful employment practice to be commenced within one year "after the occurrence of the unlawful employment practice"