Opinion
Case No. 3:11-cv-01132-SI
10-29-2012
JAMES GIBSON and LAURIE GIBSON, husband and wife, Plaintiffs, v. OWYHEE PRODUCE, LLC, an Oregon limited liability corporation, Defendant.
Gary J. Susak, OSB #722586 Susak & Powell, P.C. Attorneys for Plaintiff Mr. Stephen C. Voorhees, OSB #794311 Kurt C. Peterson, OSB #980065 Kilmer, Voorhees & Laurick, P.C. Attorneys at Law Of Attorneys for Defendant
Gary J. Susak, OSB #722586
Susak & Powell, P.C.
Attorneys for Plaintiff
Mr. Stephen C. Voorhees, OSB #794311
Kurt C. Peterson, OSB #980065
Kilmer, Voorhees & Laurick, P.C.
Attorneys at Law
Of Attorneys for Defendant
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
THIS MATTER comes before the court based upon defendant's motion for summary judgment striking plaintiffs' First Claim for Relief (violation of Employer's Liability Law) on the ground and for the reason that no issue of fact exists, the court having reviewed the records and files herein and the briefs of the parties, having heard the arguments of the parties, and being fully advised in the premises, makes the following
FINDINGS OF FACT
There is no fact issue presented in plaintiffs' First Claim for Relief (violation of the Employer's Liability Law);
CONCLUSIONS OF LAW
There is no just reason that exists for delay in the entry of a final judgment in favor of the defendant and against the plaintiffs on plaintiffs' First Claim for Relief only.
NOW, THEREFORE,
IT IS HEREBY ORDERED that defendant's motion for summary judgment against plaintiffs' First Claim for Relief (violation of Oregon's Employer Liability Law) only is hereby allowed.
IT IS FURTHER ORDERED that the case shall be stayed pending plaintiffs' right to appeal pursuant to the court's findings herein and Federal Rule of Civil Procedure 54B.
_________________
The Honorable Michael H. Simon
Presented by:
Gary J. Susak, OSB # 722586
Attorney for Plaintiffs