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Harrang Long
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Notice | Filed: May 13, 2024 | Entered: May 13, 2024 Doe v. Jewell School District 8 et al
Civil Rights: Other | Oregon
Attorney Appearance
Notice of Appearance of Barrett C. Mersereau appearing on behalf of Terrance Smyth, Alice Hunsaker. Filed by on behalf of Terrance Smyth, Alice Hunsaker. (Mersereau, Barrett)
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Order | Filed: May 13, 2024 | Entered: May 13, 2024 Hanney et al v. Epic Aircraft, LLC
Contract: Other Contract Actions | Oregon
Order
ORDER by Magistrate Judge Mustafa T. Kasubhai. The Court is in receipt of emails from Plaintiffs' counsel and counsel for witness Gale Evans regarding errata submitted by Gale Evans' counsel pursuant to Fed. R. Civ. P. 30(e). To strike errata as a sham, the Court must find that the inconsistency between deposition testimony and errata is "clear and unambiguous." Yeager v. Bowlin, 693 F.3d 1076, 1080 (9th Cir. 2012) (discussing the sham affidavit rule); see also Hambleton Bros. Lumber Co. v. Balkin Enters., Inc., 397 F.3d 1217, 1225 (9th Cir. 2005) (applying the sham affidavit rule to Rule 30(e) errata). The Court has reviewed the submissions of the parties and finds that the errata at issue are not clearly and unambiguously inconsistent with Gale Evans' other deposition testimony. Therefore, the Court will not strike the errata at issue. (bd)
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Order | Filed: May 10, 2024 | Entered: May 10, 2024 Hanney et al v. Epic Aircraft, LLC
Contract: Other Contract Actions | Oregon
Opinion and Order
Opinion and Order: Magistrate Judge Kasubhai's Findings and Recommendation (ECF No. 128 ) is adopted in full. Plaintiff's Motion for Class Certification (ECF 115 ) is GRANTED. Defendant's Motion to Deny Class Certification (ECF No. 93 ) and Motion to Strike (ECF No. 124 ) are DENIED. Signed on 5/10/2024 by Judge Michael J. McShane. (cp)
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