Young v. Bishop Estate et al
Plaintiff: Mark W.S. Young
Defendant: Bishop Estate, Kamehameha Schools, Robert Bruce Graham, Ashford & Wriston, LLP, James Francis Vrechek, Corbett A.K. Kalama, Diane J. Plotts, J. Douglas Ing, Nainoa Thompson, Robert K.U. Kihune, Jason Tani, Frank Kanemitsu, Ronald R. Sakamoto, Colleen K. Hirai and John Does 1-100
Case Number: 1:2009cv00403
Filed: August 26, 2009
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: BARRY M KURREN
Referring Judge: SUSAN OKI MOLLWAY
Nature of Suit: P.I.: Other
Cause of Action: 15 U.S.C. § 15
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2015 Filing 351 MANDATE of USCA as to #334 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 13-17121. "The judgment of this Court, entered August 31, 2015, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule4l(a) of the Federal Rules of Appellate Procedure." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 31, 2015 Filing 350 MEMORANDUM of USCA as to #334 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 13-17121. AFFIRMED. (emt, )No COS issued for this docket entry
January 26, 2015 Opinion or Order Filing 349 ORDER of USCA as to #334 Notice of Appeal filed by Mark W.S. Young,9CCA NO. 13-17121. " Jeffrey Vrechek's unopposed motion filed December 31, 2014, to substitute as the personal representative for appellee James Vrechek is granted. The Clerk shall change the docket to reflect this change." (emt, )No COS issued for this docket entry
November 26, 2014 Opinion or Order Filing 348 ORDER of USCA as to #334 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 13-17121. " The court has received notice of the death of appellee James Vrechek. Within 35 days of the filing date of this order, a motion for substitution may be made by Vrechek's successor or representative. Appellant's request for summary judgment will be addressed by future order. " (emt, )No COS issued for this docket entry
November 22, 2013 Filing 347 TAXATION OF COSTS ~ Costs Taxed in amount of $1,124.10 against plaintiff and for defendant James Francis Vrechek. re: #335 . (afc)
November 22, 2013 Opinion or Order Filing 346 ORDER ADOPTING FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT'S BILL OF COSTS. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/22/2013. ~ Order Adopts the Findings and Recommendation filed November 4, 2013 as docket entry no. #342 wherein "[T]he Court recommends that Vrechek be awarded $1,124.10 in costs." Objections to the Bill of Costs: docket entry no. #344 . Bill of Costs: docket entry no. #335 ~ (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on Monday, November 25, 2013.
November 15, 2013 Filing 345 TRANSCRIPT Designation and Ordering Form - by Mark W.S. Young, 9CCA NO. 13-17121 (No transcripts are designated by Appellant) -- The Clerks Office re-enters this document (e-filed by Mark Young, Esq.) to correct the docketing event from "Notice" to "Transcript Designation and Ordering Form" (Attachments: #1 Certificate of Service)(emt, )No COS issued for this docket entry
November 15, 2013 Filing 344 OBJECTIONS/APPEAL FROM MAGISTRATE ORDER/RECOMMENDATIONS re #342 filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark) Modified on 11/18/2013 to reflect filing as an appeal of mag decision to district court (emt, ).
November 15, 2013 Filing 343 NOTICE by Mark W.S. Young NO TRANSCRIPT DESIGNATION Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
November 4, 2013 Filing 342 FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT'S BILL OF COSTS re #335 , #341 - Signed by Judge BARRY M. KURREN on 11/1/13. "For the foregoing reasons, the Court finds and recommends that Defendant's Bill of Costs (Doc. 335) be GRANTED. Specifically, the Court recommends that Vrechek be awarded $1,124.10 in costs. Any Objection to this Findings and Recommendation shall be filed in accordance with this Court's Local Rules and other applicable law." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 30, 2013 Filing 341 OBJECTION to Bill of Costs re #335 BILL OF COSTS by James Francis Vrechek filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
October 24, 2013 Filing 340 Attorney Appeal Packet re #334 Notice of Appeal filed by Mark W. S. Young, 9CCA No. 13-17121. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Additional Instructions for Transcript Designation and Ordering Form, #4 Letter Re: Court Reporters, #5 Transcript Designation and Ordering Form, #6 Docket Sheet)(emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 23, 2013 Filing 339 USCA TIME SCHEDULE ORDER as to #334 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 13-17121. (emt, )No COS issued for this docket entry
October 23, 2013 Filing 338 USCA Case Number 13-17121 for #334 Notice of Appeal filed by Mark W.S. Young. (emt, )
October 21, 2013 Filing 337 USCA Appeal Fees received $ 455 receipt number HI009664 re #334 Notice of Appeal filed by Mark W.S. Young (emt, )
October 18, 2013 Filing 336 MEMORANDUM re #335 BILL OF COSTS by James Francis Vrechek filed by James Francis Vrechek. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Jerry A. Ruthruff, #4 Certificate of Service)(Ruthruff, Jerry)
October 18, 2013 Filing 335 BILL OF COSTS by James Francis Vrechek. (Ruthruff, Jerry)
October 17, 2013 Filing 334 NOTICE OF APPEAL as to #332 Order on Motion to Dismiss,, by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
October 7, 2013 Filing 333 JUDGMENT IN A CIVIL CASE. by Sue Beitia, Clerk/GS, Deputy Clerk on 10/7/13. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 7, 2013 Opinion or Order Filing 332 ORDER GRANTING JAMES VRECHEK'S MOTION TO DISMISS FOR FAILURE TO JOIN REQUIRED PARTY re #261 . Signed by JUDGE SUSAN OKI MOLLWAY on 10/4/13. "The Clerk of Court is directed to enter judgment in favor of Vrechek and against Mark Young, and to close this case. All other pending motions are terminated." (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 7, 2013 Filing 331 Second MOTION for Sanctions for filing MATERIALLY DIFFERENT accounting with this Court than accounting in Probate Court by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support, #2 Exhibit 1 - Ruthruff Declaration shows duty HPR42 to ensure accurate accountings, #3 Exhibit 2 - Probate Accountings, #4 Exhibit 3 - Probate Accounting - shows waiver of extraordinary fees, #5 Exhibit 4 - Accountings in US District Court - MATERIALLY DIFFERENT, #6 Declaration of Mark Young re Exhibits, #7 Certificate of Service)(Young, Mark)
October 4, 2013 Filing 330 NOTICE by James Francis Vrechek re 319 Link,, re: Sealing of Documents James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 4, 2013 Filing 329 Errata re #328 Errata to Further Redact 312-11 and 328. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 328 Errata re #312 MOTION for Summary Judgment re: CPA Status and Amendments to Sharon Young Trust (Redacted Exhibit 312-11). (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 327 Errata re #301 MOTION for Partial Summary Judgment re: Trustee Compensation Claims (Redacted Exhibit 1, ECF 301-3). (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 326 Errata re #312 MOTION for Summary Judgment re: CPA Status and Amendments to Sharon Young Trust (Amended Concise Statement). (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 325 Errata re #314 MOTION for Summary Judgment re: Hawaii Sat Sang's Access to Trust Accounting Records and Invoice Date Stamped October 12, 2004 (Amended Concise Statement). (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 324 Errata re #309 MOTION to Dismiss for Lack of Jurisdiction or for Partial Summary Judgment (Amended Concise Statement). (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 3, 2013 Filing 323 EO: The Court will decide the following Motion without a hearing: #320 Plaintiff Mark Young's Motion to Strike Defendants Motion #315 for Failure to Include Mandatory Lr 6.2(e). Briefing is due in accordance with the Local Rules. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 2, 2013 Filing 322 REPLY in Support of Motion to Strike Demand for Jury Trial filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
October 2, 2013 Filing 321 MEMORANDUM in Opposition re #315 MOTION for Extension of Time to File Dispositive Motions and Experts' Reports filed by Mark W.S. Young. (Attachments: #1 Declaration, #2 Exhibit 1 - Email from Ruthruff requesting call by MIDNIGHT on SUNDAY, #3 Certificate of Service)(Young, Mark)
October 2, 2013 Filing 320 MOTION to Strike #315 MOTION for Extension of Time to File Dispositive Motions and Experts' Reports FOR FAILURE TO INCLUDE MANDATORY LR 6.2(E) CERTIFICATE by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum, #2 Certificate of Service)(Young, Mark)
October 2, 2013 Filing 319 EO: Any party who has filed any document containing personal information such as a birthday is ordered to file a redacted version of the document and to notify the court that the original document should be sealed. In so notifying the court, parties must identify the EM/ECF number of the document.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 30, 2013 Filing 318 MOTION to Strike Defendant's Pleadings With Rule 5.2 Privacy Violations and Unsigned Documents (re #314 MOTION for Summary Judgment re: Hawaii Sat Sang's Access to Trust Accounting Records and Invoice Date Stamped October 12, 2004, #301 MOTION for Partial Summary Judgment re: Trustee Compensation Claims, #312 MOTION for Summary Judgment re: CPA Status and Amendments to Sharon Young Trust, #309 MOTION to Dismiss for Lack of Jurisdiction or for Partial Summary Judgment ) by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit 1 - Email from Jerry Ruthruff, #4 Certificate of Service)(Young, Mark) Modified on 10/1/2013 (emt, ).
September 26, 2013 Filing 317 NOTICE of Hearing on Motion #314 MOTION for Summary Judgment re: Hawaii Sat Sang's Access to Trust Accounting Records and Invoice Date Stamped October 12, 2004 :. Motion Hearing set for 11/19/2013 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 26, 2013 Filing 316 EO: The Court will decide the following Motion without a hearing: #315 MOTION for Extension of Time to File Dispositive Motions and Experts' Reports. Briefing is due in accordance with the Local Rules. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 25, 2013 Filing 315 MOTION for Extension of Time to File Dispositive Motions and Experts' Reports Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Jerry Ruthruff, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 3A, #7 Exhibit 4, #8 Exhibit 4A, #9 Exhibit 5, #10 Exhibit 6, #11 Certificate of Service)(Ruthruff, Jerry)
September 25, 2013 Filing 314 MOTION for Summary Judgment re: Hawaii Sat Sang's Access to Trust Accounting Records and Invoice Date Stamped October 12, 2004 Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Concise Statement of Facts , #2 Memorandum in Support of Motion, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Declaration of James Vrechek, #8 Declaration of Jerry Ruthruff, #9 Certificate of Service)(Ruthruff, Jerry)
September 24, 2013 Filing 313 NOTICE of Hearing on Motion #312 MOTION for Summary Judgment re: CPA Status and Amendments to Sharon Young Trust :. Motion Hearing set for 11/19/2013 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 24, 2013 Filing 312 MOTION for Summary Judgment re: CPA Status and Amendments to Sharon Young Trust Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Concise Statement of Facts , #2 Memorandum in Support of Motion, #3 Declaration of James Vrechek, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 2A, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7 - [SEALED] see doc. no. #328 , #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Declaration of Jerry Ruthruff, #17 Certificate of Service)(Ruthruff, Jerry) Modified on 10/4/2013 to seal exhibit 7 (gls, ).
September 23, 2013 Filing 311 CERTIFICATE OF SERVICE by Mark W.S. Young (Young, Mark)
September 23, 2013 Filing 310 NOTICE of Hearing on Motion #309 MOTION to Dismiss for Lack of Jurisdiction or for Partial Summary Judgment :. Motion Hearing set for 11/13/2013 11:15 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 20, 2013 Filing 309 MOTION to Dismiss for Lack of Jurisdiction or for Partial Summary Judgment Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Concise Statement, #2 Memorandum in Support of Motion, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Declaration of Jerry Ruthruff, #9 Certificate of Service)(Ruthruff, Jerry)
September 18, 2013 Filing 308 MEMORANDUM in Opposition re #299 MOTION to Strike Plaintiff's Demand for Jury Trial filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
September 13, 2013 Filing 307 MEMORANDUM re #261 MOTION to Dismiss for Failure to Join Required Party, filed by James Francis Vrechek. (Attachments: #1 Declaration of Jerry Ruthruff, #2 Certificate of Service)(Ruthruff, Jerry)
September 13, 2013 Filing 306 NOTICE of Hearing on Motion #304 Second MOTION for Partial Summary Judgment :. Motion Hearing set for 11/13/2013 11:15 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 12, 2013 Filing 305 Plaintiff Mark Young's SUPPLEMENTAL BRIEFING re 291 - filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark) Modified on 9/13/2013 (emt, ).
September 12, 2013 Filing 304 Second MOTION for Partial Summary Judgment by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum, #2 Concise Statement of Facts , #3 Declaration, #4 Exhibit 1 - Ruthruff Declaration, #5 Exhibit 2 - Transcript, #6 Exhibit 3 - 9th Cir Order, #7 Exhibit 4 - Trust Accounting 2012, #8 Exhibit 5 - Assignment, #9 Exhibit 6 - Trust Agreement, #10 Exhibit 7 - Sound Recording, #11 Certificate of Service)(Young, Mark) Modified on 9/13/2013 (emt, ).
September 12, 2013 Filing 303 MEMORANDUM in Opposition re #288 MOTION to Dismiss for Lack of Jurisdiction or To Abstain filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
September 12, 2013 Filing 302 NOTICE of Hearing on Motion #301 MOTION for Partial Summary Judgment re: Trustee Compensation Claims :. Motion Hearing set for 10/29/2013 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 11, 2013 Filing 301 MOTION for Partial Summary Judgment re: Trustee Compensation Claims Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Concise Statement , #2 Memorandum In Support of Motion, #3 Exhibit 1 - [SEALED] - See doc. no. #327 , #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Declaration of James Vrechek, #13 Declaration of Frank Kanemitsu, #14 Certificate of Service)(Ruthruff, Jerry) Modified on 10/4/2013 to seal exhibit 1(gls, ).
September 10, 2013 Filing 300 EO: The Court will decide the following Motion without a hearing: #299 Defendant's Motion to Strike Demand for Jury Trial. Briefing is due in accordance with the Local Rules. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 9, 2013 Filing 299 MOTION to Strike Plaintiff's Demand for Jury Trial Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1, #3 Certificate of Service)(Ruthruff, Jerry)
September 7, 2013 Filing 298 MEMORANDUM in Opposition re #294 MOTION to Disqualify Counsel For F*CK YOU comment and violations of Rules of Professional Conduct MOTION to Disqualify Counsel For F*CK YOU comment and violations of Rules of Professional Conduct filed by James Francis Vrechek. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Jerry A. Ruthruff, #4 Certificate of Service)(Ruthruff, Jerry)
September 6, 2013 Filing 297 MEMORANDUM in Opposition re #286 MOTION Supplement Claim For Relief in Amended Complaint re #178 Amended Complaint,, filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
September 6, 2013 Filing 296 CERTIFICATE OF SERVICE by Mark W.S. Young Response to Defendants 1st Set of Interrogatories (Young, Mark)
September 3, 2013 Filing 295 EO: The Court will decide the #294 Motion to Disqualify Counsel without a hearing. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 31, 2013 Filing 294 MOTION to Disqualify Counsel For F*CK YOU comment and violations of Rules of Professional Conduct by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Certificate of Service)(Young, Mark)
August 30, 2013 Filing 293 CERTIFICATE OF SERVICE by Mark W.S. Young re #271 Certificate of Service Response to Request For Admissions (Young, Mark)
August 30, 2013 Filing 292 EO: #288 MOTION to Dismiss for Lack of Jurisdiction or To Abstain. Motion Hearing set for 10/7/13 @ 9:45 a.m. is continued to 10/15/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 30, 2013 Filing 291 EO: The court continues Defendant James F. Vrecheks Motion to Dismiss for Failure to Join Required Party (ECF No. 261) and Plaintiff Mark W.S. Youngs Motion for Partial Summary Judgment (ECF No. 249) set for 9/3/13 @ 9:45 a.m. to10/15/13 @ 9:45 a.m. to permit supplemental briefing. No later than September 13, 2013, each party shall submit a supplemental brief of no more than 1,000 words on the following: 1.Whether the four factors listed under Rule 19(b) of the Federal Rules of Civil Procedure weigh in favor of, or against, having the case proceed in the absence of Keith Young, assuming he is a necessary party under Rule 19(a). The parties shall address each factor individually, and provide relevant facts or law in support. 2.Regarding the fourth factor, whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder, please discuss which claims in the First Amended Complaint (ECF No. 178), if any, could be brought in any new or existing state-court action, and which claims could not be raised because of some kind of bar (such as statute of limitations). Please cite to any relevant Hawaii law. #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek, #261 MOTION to Dismiss for Failure to Join Required Party,. Motion Hearing set for 10/15/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 29, 2013 Filing 290 EO: The Court will decide #286 Motion Supplement Claim For Relief in #178 Amended Complaint without a hearing. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 27, 2013 Filing 289 NOTICE of Hearing on Motion #288 MOTION to Dismiss for Lack of Jurisdiction or To Abstain :. Motion Hearing set for 10/7/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 27, 2013 Filing 288 MOTION to Dismiss for Lack of Jurisdiction or To Abstain Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of Jerry A. Ruthruff, #9 Certificate of Service)(Ruthruff, Jerry)
August 27, 2013 Filing 287 CERTIFICATE OF SERVICE by Mark W.S. Young PLAINTIFF'S SECOND OFFER OF JUDGMENT (Attachments: #1 Certificate of Service)(Young, Mark)
August 26, 2013 Filing 286 MOTION Supplement Claim For Relief in Amended Complaint re #178 Amended Complaint,, by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support, #2 Declaration, #3 Exhibit 1 - Response, #4 Sample Proposed Order, #5 Certificate of Service)(Young, Mark)
August 26, 2013 Filing 285 NOTICE by Mark W.S. Young EXPERT WITNESS DESIGNATION Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
August 26, 2013 Filing 284 NOTICE by Mark W.S. Young OFFER OF JUDGMENT Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
August 22, 2013 Filing 283 REPLY to Response to Motion re #269 MOTION for Sanctions for Aiding in Embezzlement of Sharon Young Trust Funds filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Masters Report re Extraordinary Fees, #2 Exhibit 2 - Defendant ACCEPTS Masters Recommendations, #3 Exhibit 3 - Ruthruff Memo and Declaration To Probate Court, #4 Exhibit 4- Declaration of Kanemitsu para 9C admits, #5 Certificate of Service)(Young, Mark)
August 20, 2013 Filing 282 REPLY to Response to Motion re #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek #278 Response filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Masters Report re Extraordinary Fees, #2 Exhibit 2 - Defendant accepts Masters Recommendations, #3 Certificate of Service)(Young, Mark)
August 19, 2013 Filing 281 REPLY re #261 MOTION to Dismiss for Failure to Join Required Party, filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
August 19, 2013 Opinion or Order Filing 280 ORDER AFFIRMING MAGISTRATE JUDGE ORDER (ECF NO. #242 ) THAT DENIED PLAINTIFF'S MOTION TO DISQUALIFY DEFENDANT'S COUNSEL (ECF NO. #184 ) re #246 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/19/13. (Motion terminated: #246 OBJECTION to Magistrates Order filed by Mark W.S. Young.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 14, 2013 Filing 279 MEMORANDUM in Opposition re #269 MOTION for Sanctions for Aiding in Embezzlement of Sharon Young Trust Funds filed by James Francis Vrechek. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Declaration of James Vrechek, #9 Declaration of Frank Kanemitsu, #10 Declaration of Jerry Ruthruff, #11 Certificate of Service)(Ruthruff, Jerry)
August 13, 2013 Filing 278 MEMORANDUM in Opposition re #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek filed by James Francis Vrechek. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Declaration of James Vrechekl, #10 Declaration of Frank Kanemitsu, #11 Declaration of Jerry Ruthruff, #12 Certificate of Service)(Ruthruff, Jerry)
August 13, 2013 Filing 277 NOTICE - Defendant Selling Substantially Trust All Assets by Mark W.S. Young re #155 Status Report Mark W.S. Young. (Attachments: #1 Exhibit 1 - Complaint - Defendant Selling Everything, #2 Certificate of Service)(Young, Mark) Modified on 8/14/2013 (emt, ).
August 9, 2013 Filing 276 CERTIFICATE OF SERVICE by James Francis Vrechek re: Defendant Vrechek's Second Request for Answers to Interrogatories (Ruthruff, Jerry)
August 8, 2013 Filing 275 CERTIFICATE OF SERVICE by James Francis Vrechek re: First Request for Answers to Interrogatories (Ruthruff, Jerry)
August 8, 2013 Filing 274 Amended ANSWER to #1 Complaint, by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
August 8, 2013 Opinion or Order Filing 273 ORDER GRANTING DEFENDANT JAMES FRANCIS VRECHEK'S #244 AMENDED MOTION FOR LEAVE TO FILE AMENDED ANSWER - Signed by Judge BARRY M. KURREN on 8/8/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 5, 2013 Filing 272 REPLY re #244 MOTION to Amend/Correct #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
August 2, 2013 Filing 271 CERTIFICATE OF SERVICE by James Francis Vrechek of First Request for Admissions (Ruthruff, Jerry)
August 1, 2013 Filing 270 EO: The Court will decide #269 Plaintiff Mark W.S. Young MOTION for Sanctions for Aiding in Embezzlement of Sharon Young Trust Funds without a hearing. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 31, 2013 Filing 269 MOTION for Sanctions for Aiding in Embezzlement of Sharon Young Trust Funds by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Mark Young, #3 Exhibit 1 - Status Update Statement ECF 155, #4 Exhibit 2 - Response to Admissions - shows accountings not yet prepared, #5 Exhibit 3 - 2012 Trust Accounting - shows embezzlement, #6 Exhibit 4 - Plaintiffs Initial Disclosures - Shows Ruthruff witness, #7 Exhibit 5 - Defendants Initial Disclosures - shows all trust attorneys except Ruthruff, #8 Exhibit 6 - Email shows Ruthruff delivered Trust Accountings that embezzled trust funds, #9 Certificate of Service)(Young, Mark)
July 31, 2013 Filing 268 RESPONSE in Opposition re #244 MOTION to Amend/Correct #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
July 31, 2013 Filing 267 RESPONSE in Opposition re #261 MOTION to Dismiss for Failure to Join Required Party, filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Assignment, #2 Certificate of Service)(Young, Mark)
July 29, 2013 Filing 266 MEMORANDUM re #246 OBJECTION to Magistrates Order (Amended) filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
July 29, 2013 Filing 265 MEMORANDUM re #246 OBJECTION to Magistrates Order filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
July 29, 2013 Filing 264 NOTICE of Compliance With Order re 260 - by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark) Modified on 7/30/2013 (emt, ).
July 29, 2013 Filing 263 NOTICE of Hearing on Motion #261 MOTION to Dismiss for Failure to Join Required Party, :. Motion Hearing set for 9/3/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 29, 2013 Filing 262 AMENDED MEMORANDUM in Support of Summary Judgment re #249 filed by Mark W.S. Young. (Attachments: #1 Concise Statement of Facts , #2 Declaration of Mark Young, #3 Exhibit 1 - 1992 Tax Returns - CPA, #4 Exhibit 2 - James Vrechek CPA letterhead 1996, #5 Exhibit 3 - Letters to Beneficiaries stating CPA, #6 Exhibit 4 - IRA Account, #7 Exhibit 5 - 2004 Trust Accounting - IRA Funds missing, #8 Exhibit 6 - James Vrechek Declaration, #9 Exhibit 7 - Illinois Public Record- No CPA license, #10 Exhibit 8 - Vrechek Deposition, #11 Exhibit 9 - 2005 Trust Accounting, #12 Exhibit 10 - 2006 Trust Accounting, #13 Exhibit 11 - 2007 Trust Accounting, #14 Exhibit 12 - 2008 Trust Accounting, #15 Exhibit 13 - 2009 Trust Accounting, #16 Exhibit 14 - 2010 Trust Accounting, #17 Exhibit 15 - 2011 Trust Accounting, #18 Exhibit 16 - Letter to Vrechek 9-21-2012, #19 Exhibit 17 - Letter to Vrechek 4-01-2013, #20 Exhibit 18 - 2012 Trust Accounting, #21 Exhibit 19 - Vrechek Response To Admissions, #22 Exhibit 20 - Status Update - Doc 155, #23 Certificate of Service)(Young, Mark) Modified on 7/30/2013 (emt, ).
July 26, 2013 Filing 261 MOTION to Dismiss for Failure to Join Required Party, Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit 1 (Petition in Probate Court to Approve Annual Accounts), #3 Exhibit 2 (Order Appointing Master), #4 Declaration of James Francis Vrechek, #5 Declaration of Jerry A. Ruthruff, #6 Certificate of Service)(Ruthruff, Jerry)
July 26, 2013 Filing 260 EO: On July 19, 2013, Plaintiff Mark W.S. Young filed a motion for partial summary judgment. See ECF No. 249. That motion failed to comply with a number of local rules. As a result, on July 25, 2013, Defendant James Francis Vrechek filed a motion to strike the motion. See ECF No. 258. The motion to strike is denied without a hearing, as allowed by Local Rule 7.2(d). Nevertheless, Young is ordered to cure the following deficiencies.Local Rule 56.1 requires the submission of a concise statement of facts any time a motion for summary judgment is submitted. Young is ordered to submit a concise statement that complies with Local Rule 56. Young is reminded that affidavits and declarations, as well as exhibits, may only be attached to a concise statement. See Local Rule 56.1(h). Local Rule 7.5(f) requires the submission of tables of contents and tables of authorities any time a memorandum exceeds 15 pages in length. Young is ordered to submit a table of content and a table of authority.Local Rule 7.7 requires two courtesy copies of motions to be submitted to the court. In this case, Young appears to have failed to comply with Local Rule 7.7's requirement that he mail the courtesy copies "no later than the business day after filing using 'overnight' or 'next day' priority," as the court does not have courtesy copies in its possession. Young is ordered to comply with the foregoing Local Rules no later than Monday, July 29, 2013.denying #258 Motion to Strike. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 25, 2013 Filing 259 NOTICE of Hearing on Motion #258 MOTION to Strike #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek :. Motion Hearing set for 9/3/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 25, 2013 Filing 258 MOTION to Strike #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Ruthruff, Jerry)
July 25, 2013 Filing 257 MEMORANDUM in Support re #244 MOTION to Amend/Correct #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint filed by James Francis Vrechek. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Ruthruff, Jerry)
July 24, 2013 Filing 256 EO: The Court will decide #244 Defendant's Amended Motion For Leave to File Amended Answer without a hearing. Any opposition memorandum is due 8/1/2013; any reply memorandum is due 8/9/2013. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 24, 2013 Opinion or Order Filing 255 ORDER DENYING PLAINTIFF MARK YOUNG'S MOTION TO DETERMINE THE SUFFICIENCY OF DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS re #203 - Signed by Judge BARRY M. KURREN on 7/24/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 24, 2013 Filing 254 EO: In light of Defendant James Francis Vrechek's filing of an #244 AMENDED MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint, the #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint is terminated. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 23, 2013 Filing 253 REPLY re #203 MOTION for Discovery Challenging Sufficiency of responses to admissions and Defendants False Denials of Requests For Admissions filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Declaration of James Vrechek stating he was a CPA, #2 Certificate of Service)(Young, Mark)
July 23, 2013 Filing 252 EO: In light of Plaintiff's #251 Notice of Withdrawal, Plaintiff's #207 Motion to Compel is TERMINATED. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 22, 2013 Filing 251 REPLY re #207 Second MOTION to Compel Initial Disclosures NOTICE OF WITHDRAWAL OF MOTION filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
July 22, 2013 Filing 250 NOTICE of Hearing on Motion #249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek :. Motion Hearing set for 9/3/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 19, 2013 Filing 249 MOTION for Partial Summary Judgment against Defendant James Francis Vrechek by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion For Partial Summary Judgment, #2 Declaration, #3 Exhibit 1 - Sharon Young 1992 Tax Return, #4 Exhibit 2 - James Vrechek CPA Bill 1996, #5 Exhibit 3 - Letters to Beneficiaries stating CPA, #6 Exhibit 4 - Sharon Young IRA Account, #7 Exhibit 5 - Trust Accounting - IRA Funds missing, #8 Exhibit 6 - James Vrechek Declaration, #9 Exhibit 7 - Illinois Public Record- No CPA license, #10 Exhibit 8 - Sharon Young Tax Return, #11 Exhibit 9 - 2005 Trust Accounting, #12 Exhibit 10 - 2006 Trust Accounting, #13 Exhibit 11 - 2007 Trust Accounting, #14 Exhibit 12 - 2008 Trust Accounting, #15 Exhibit 13 - 2009 Trust Accounting, #16 Exhibit 14 - 2010 Trust Accounting, #17 Exhibit 15 - 2011 Trust Accounting, #18 Exhibit 16 - Letter to Vrechek 9-21-2012- request return of illegal fees, #19 Exhibit 17 - Letter to Vrechek 4-01-2013 - requesting return of illegal fees, #20 Exhibit 18 - 2012 Trust Accounting, #21 Exhibit 19 - Vrechek Depo, #22 Exhibit 20 - Vrechek Response To Admissions, #23 Certificate of Service)(Young, Mark)
July 15, 2013 Filing 248 RESPONSE in Opposition re #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
July 14, 2013 Filing 247 MEMORANDUM in Opposition re #203 MOTION for Discovery Challenging Sufficiency of responses to admissions and Defendants False Denials of Requests For Admissions filed by James Francis Vrechek. (Attachments: #1 Declaration of Jerry A. Ruthruff, #2 Exhibit 1, #3 Certificate of Service)(Ruthruff, Jerry)
July 11, 2013 Filing 246 Plaintiff's OBJECTION to Magistrates Order (Doc #242 ) filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark) Modified on 7/12/2013 (emt, ).
July 8, 2013 Filing 245 CERTIFICATE OF SERVICE by Mark W.S. Young Supplemental Initial Disclosures (Young, Mark)
July 7, 2013 Filing 244 MOTION to Amend/Correct #236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Exhibit A, #2 Certificate of Service)(Ruthruff, Jerry)
July 3, 2013 Filing 243 EO: The Court will decide the following motions without a hearing: #203 Plaintiff Mark Young's Motion to Determine the Sufficiency of Defendant James Francis Vrechek's Response to Plaintiff's First Request for Admissions; #207 Plaintiff Mark Young's Second Motion to Compel Defendant James Francis Vrechek to Comply with Initial Disclosures; and #236 Defendant's Motion for Leave to File Amended Answer. The hearing on these motions, which was set for 8/2/2013, is VACATED. Any opposition memoranda to these motions are due 7/15/2013. Any reply memoranda are due 7/23/2013. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 28, 2013 Filing 241 EO: In light of the #240 Order Denying Motion to Test Sufficiency of Answer, the hearing on that motion set for 8/2/2013 is VACATED. However, the following motions remain set for hearing on 8/2/2013 at 9:30 a.m. before Judge Barry M. Kurren: #203 Plaintiff Mark Young's Motion to Determine the Sufficiency of Defendant James Francis Vrechek's Response to Plaintiff's First Request for Admissions; #207 Plaintiff Mark Young's Second Motion to Compel Defendant James Francis Vrechek to Comply with Initial Disclosures; and #236 Defendant's Motion for Leave to File Amended Answer. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 28, 2013 Opinion or Order Filing 240 ORDER DENYING MOTION TO STRIKE AFFIRMATIVE DEFENSES (ECF NO. #200 ); ORDER DENYING MOTION TO TEST SUFFICIENCY OF ANSWER (ECF NO. #208 ) - - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/28/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 27, 2013 Filing 242 EP: The Court DENIES Plaintiff's request to take judicial notice of Doc. 223-1. Hearing on #184 Plaintiff's Motion to Disqualify held. This Motion is DENIED. Hearing on #209 Plaintiff's Amended Motion to Compel Production of Documents held. This Motion is GRANTED IN PART AND DENIED IN PART. Hearing on #210 Plaintiff's Amended Motion to Compel Interrogatories held. This Motion is GRANTED IN PART AND DENIED IN PART. (C7F 11:00-11:27am.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 27, 2013 Filing 239 NOTICE of Hearing on #236 Defendant's Motion for Leave to File Amended Answer. Motion Hearing set for 8/2/2013 at 9:30 AM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 27, 2013 Filing 237 NOTICE of Hearing on Motion #200 MOTION to Strike #189 Answer to Amended Complaint Striking Affirmative Defenses :. Motion Hearing set for 7/1/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 27, 2013 Filing 236 MOTION for Leave to File Amended Answer to Plaintiff's First Amended Complaint Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit A (Proposed Amended Answer), #3 Declaration of Jerry Ruthruff, #4 Certificate of Service)(Ruthruff, Jerry)
June 27, 2013 Filing 235 EO: In light of the #234 Order Denying Motion for Default Judgment, the hearing on #187 Plaintiff's Motion for Default Against Defendant James Francis Vrechek set for 6/27/2013 is VACATED. The following Motions remain on calendar at 6/27/2013 at 11:00AM (Hawaii time): #184 Plaintiff's Motion to Disqualify; #210 Plaintiff's Amended Motion to Compel Interrogatories; #209 Plaintiff's Amended Motion to Compel Production of Documents; and #200 Plaintiff's Motion to Strike Affirmative Defenses. The Court will contact Mark Young at the time of this Hearing. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 26, 2013 Filing 238 Letter to the Clerks Office from Jeffrey H. K. Sia, Esq., dated June 25, 2013 -- re request to discontinue electronic notifications for Mr. Sia and Jennifer Herring. The parties represented by Mr. Sia (Bishop Estate, Kamehameha Schools, Corbert A. K. Kalama and J. Douglas Keauhou Ing) were previously terminated from the case. (emt, )
June 26, 2013 Opinion or Order Filing 234 ORDER DENYING MOTION FOR DEFAULT JUDGMENT; ORDER AFFIRMING MAGISTRATE JUDGE ORDER DENYING ECF NOS. 164 AND 166; ORDER DENYING MOTION TO ESTABLISH DUTY OF CARE re #187 ; #198 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/26/13. "The court denies Young's motion for default judgment (ECF No. 187). The court also affirms the denial of Young's motion to compel Vrechek's attorney to explain why the Trust did not complete distributing Trust assets by a certain date and Young's motion seeking to force the attorney to file a motion to intervene on behalf of the Trust or to face sanctions (ECF Nos.164 and 166). Finally the court denies the motion to set the standard of care (ECF No. 198), without prejudice to the filing of a motion better indicating the relief sought in this regard and the bases for such relief." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 26, 2013 ADVISORY ENTRY. The entry docket number #233 Notice Taking Deposition of Plaintiff Mark W. S. Young filed by James Francis Vrechek was filed incorrectly in this case. The filing party shall refer to Fed.R.Civ.P.5(d)governing the filing procedures for the filing of discovery. No further action necessary. (emt, )
June 25, 2013 Filing 233 NOTICE of Taking Deposition (Plaintiff Mark W.S. Young) by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
June 25, 2013 Filing 232 MEMORANDUM in Opposition re #207 Second MOTION to Compel Initial Disclosures filed by James Francis Vrechek. (Attachments: #1 Declaration of Jerry A. Ruthruff, #2 Exhibit 1, #3 Certificate of Service)(Ruthruff, Jerry)
June 24, 2013 Filing 231 CERTIFICATE OF SERVICE by James Francis Vrechek re: Plaintiff's Second Request for Admissions, Production of Documents and Interrogatories (Ruthruff, Jerry)
June 21, 2013 Filing 230 MEMORANDUM in Opposition re #223 PLAINTIFF'S OBJECTION TO MAGISTRATES ORDER (DOC #177 ) filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
June 18, 2013 Filing 229 EO: The hearing on the following motions, which was set for 7/25/2013, is CONTINUED to 8/2/2013 at 9:30AM before Judge Barry M. Kurren: #203 Plaintiff Mark Young's Motion to Determine the Sufficiency of Defendant James Francis Vrechek's Response to Plaintiff's First Request for Admissions; #207 Plaintiff Mark Young's Second Motion to Compel Defendant James Francis Vrechek to Comply with Initial Disclosures; and #208 Plaintiff Mark Young's Motion to Test Sufficiency of Answer. The briefing schedule for these motions shall be governed by the Local Rules, based on this new hearing date. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 14, 2013 Filing 228 EO: Plaintiff's #227 Motion for Telephonic Hearing is GRANTED. Plaintiff is directed to notify Judge Kurren's Courtroom Manager (808-541-1306) of the phone number where he may be reached at the time of these hearings. In the future, Plaintiff does not need to file motions to appear telephonically before Judge Kurren. Instead, Plaintiff may appear telephonically by notifying Judge Kurren's courtroom manager. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 13, 2013 Filing 227 MOTION re 204 Notice of Hearing on Motion,, 202 Notice of Hearing on Motion,, 212 Notice of Hearing on Motion,,, TELEPHONIC HEARING by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service)(Young, Mark)
June 13, 2013 Filing 226 REPLY re #184 MOTION to Disqualify Counsel For Conflict of Interest, #219 Memorandum in Opposition to Motion filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Shows Attorney Ruthruff appeared in Probate Court For The Trust, #2 Exhibit 2 - 2011 Trust Accounting - shows Attorney Ruthruff is billing the Trust, #3 Exhibit 3 - Email - shows Attorney Ruthruff is billing the Trust, #4 Exhibit 4 - Email - shows Attorney Ruthruff is billing the Trust, #5 Certificate of Service)(Young, Mark)
June 10, 2013 Filing 225 EO: On May 30, 2013, Plaintiff filed his "Objection to Magistrates Order." Although the text of the document says that Plaintiff is asking the court "to reconsider" a portion of the order in issue, the rule cited suggests that Plaintiff is actually asking the district judge to review the matter. The court will treat the document as an appeal to the district judge from a portion of the Magistrate Judge's Order. Any opposition to the appeal should be filed in accordance with local court rules. No reply is allowed absent leave of court. No hearing will be held unless otherwise announced by the court. re #223 Objection,,,. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 3, 2013 Filing 224 MEMORANDUM in Opposition re #200 MOTION to Strike #189 Answer to Amended Complaint Striking Affirmative Defenses filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
May 30, 2013 Filing 223 Plaintiff's OBJECTION to Magistrates Order ( #177 ) (re #205 Order on Motion for Miscellaneous Relief, Order on Motion to Compel, Motion Hearing, #164 MOTION to Compel Attorney Comply With Duty Owed To This Honorable Court , #166 MOTION to Compel Intervener Comply With Rule 24 ) filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - shows Ruthruff Trust Attorney in Probate Court, #2 Exhibit 2 - 2011 Accounting - shows Ruthruff billing Trust, #3 Exhibit 3 - Emails - refusal to provide factual basis for statement to Ninth Circuit and no statute to bill fees to Trust, #4 Exhibit 4 - Emails from Ruthruff - Charging Trust for fees, #5 Exhibit 5 - Email from Ruthruff - Refuses to provide legal basis for charging fees to Trust, #6 Certificate of Service)(Young, Mark) Modified on 6/12/2013 (emt, ).
May 29, 2013 Filing 222 REPLY to Response to Motion re #198 MOTION Set Standard of Care Docs 220 (Vrechek's Response) and Doc 199 (Notice of Hearing) filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Illinois Public Record - NO CPA license, #2 Exhibit 2 - Vrechek Deposition by US for tax fraud, #3 Exhibit 3 - Government Exhibits - Vrecheks VP Controller, Secretary, #4 Exhibit 4 - Tax Fraud Judgment, #5 Exhibit 5 - Sharon Young 1992 Tax Return, #6 Exhibit 6 - AICPA handbook - Hawaii adopted a national standard for trustees, #7 Certificate of Service)(Young, Mark)
May 28, 2013 Filing 221 EO: In light of Plaintiff's #210 Amended Motion to Compel Interrogatories and #209 Amended Motion to Compel Production of Documents, Plaintiff's original motions (Docs. #194 & #195 ) are TERMINATED. Plaintiff's #210 Amended Motion to Compel Interrogatories and #209 Amended Motion to Compel Production of Documents will be heard on 6/27/2013 at 11:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 27, 2013 Filing 220 MEMORANDUM in Opposition re #198 MOTION Set Standard of Care filed by James Francis Vrechek. (Attachments: #1 Declaration of James Vrechek; Exhibits 1 & 2, #2 Certificate of Service)(Ruthruff, Jerry)
May 27, 2013 Filing 219 MEMORANDUM in Opposition re #184 MOTION to Disqualify Counsel For Conflict of Interest filed by James Francis Vrechek. (Attachments: #1 Memorandum, #2 Declaration of Jerry A Ruthruff)(Ruthruff, Jerry)
May 27, 2013 Filing 218 MEMORANDUM in Opposition re #187 MOTION for Default Judgment as to Amended Complaint filed by James Francis Vrechek. (Attachments: #1 Declaration of Jerry A. Ruthruff, #2 Exhibit 1, #3 Certificate of Service)(Ruthruff, Jerry)
May 27, 2013 Filing 217 MEMORANDUM in Opposition re #210 Amended MOTION to Compel Interrogatory Answers filed by James Francis Vrechek. (Attachments: #1 Declaration of Jerry A. Ruthruff, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Ruthruff, Jerry)
May 27, 2013 Filing 216 MEMORANDUM in Opposition re #209 Amended MOTION to Compel Production of Documents filed by James Francis Vrechek. (Attachments: #1 Declaration of James Vrechek; Exhibits 1 & 2, #2 Certificate of Service)(Ruthruff, Jerry)
May 23, 2013 Filing 215 CERTIFICATE OF SERVICE by James Francis Vrechek of Second Amended and Supplemental Responses to Plaintiff's First Interrogatories (Ruthruff, Jerry)
May 21, 2013 Filing 213 CERTIFICATE OF SERVICE by James Francis Vrechek re: Second Amended and Supplemental Response to Plaintiff's First Interrogatories Which Are In Dispute (Ruthruff, Jerry)
May 21, 2013 Filing 212 NOTICE of Hearing on Motion #207 Plaintiff Mark Young's Second Motion to Compel Defendant James Francis Vrechek to Comply with Initial Disclosures; #203 Plaintiff Mark Young's Motion to Determine the Sufficiency of Defendant James Francis Vrechek's Response to Plaintiff's First Request for Admissions; #208 Plaintiff Mark Young's Motion to Test Sufficiency of Answer set for 7/25/2013 10:00 AM before Judge BARRY M. KURREN. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 21, 2013 Filing 211 NOTICE of Certificate of Service Mark W.S. Young. (Young, Mark)
May 21, 2013 Filing 210 Amended MOTION to Compel Interrogatory Answers by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Interrogatories, #3 Exhibit 2 - Defendant's Response, #4 Exhibit 3 - Defendant's Supplemental Response, #5 Exhibit 4 - Attorney Ruthruff's 750,000 vacation home, #6 Certificate of Service)(Young, Mark)
May 21, 2013 Filing 209 Amended MOTION to Compel Production by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Requests For Production, #3 Exhibit 2 - Defendants Response To Request For Production, #4 Exhibit 3 - Defendant's Supplemental Response to Request For Production, #5 Exhibit 4 - Attorney Ruthruff's 750,000 vacation home, #6 Certificate of Service)(Young, Mark)
May 20, 2013 Filing 208 MOTION Test Sufficiency of Answer re #189 Answer to Amended Complaint by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1- Amended Complaint, #3 Exhibit 2 - Answer to Amended Complaint, #4 Certificate of Service)(Young, Mark)
May 20, 2013 Filing 207 Second MOTION to Compel Initial Disclosures by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Second Motion To Comply With Initial Disclosures, #2 Exhibit 1 - Email communicating May 16 2013 deadline, #3 Certificate of Service)(Young, Mark)
May 17, 2013 Filing 206 EO: Plaintiff has moved for leave to appear by phone for a hearing on the motion set for hearing on July 1, 2013. The motion is granted. The court will initiate a call to Plaintiff at the time scheduled for that hearing. In the future, Plaintiff need not file a motion for such leave and may instead call the Clerk's Office or the courtroom manager in this regard. Contact information is available on the court's website (www.hid.uscourts.gov).granting #201 Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 16, 2013 Filing 205 EP: Hearing re #164 Plaintiff's Motion To Compel Attorney To Comply With Duty Owed To This Honorable Court and #166 Plaintiff's Motion To Compel Intervener To Comply With Rule 24 was held. Plaintiff's #164 Motion to Compel Compliance With Duty Owed To Court is DENIED. Plaintiff's #166 Motion to Compel Compliance With Rule 24 is DENIED AS MOOT. (C7F 2:00-2:06 p.m.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 16, 2013 Filing 204 NOTICE of Hearing on Motions. Plaintiff's #194 Motion to Compel Interrogatories and #195 Motion to Compel Production of Documents are set for 6/27/2013 at 11:00 AM before Judge BARRY M. KURREN. (kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 16, 2013 Filing 203 MOTION for Discovery Challenging Sufficiency of responses to admissions and Defendants False Denials of Requests For Admissions by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Plaintiffs First Set of Admissions, #3 Exhibit 2 - Defendant's Response, #4 Exhibit 3 - Defendant's Amended Response, #5 Exhibit 4 - Attorney Ruthruff's 750,000 vacation home, #6 Exhibit 5 - Defendants 2004 Invoice, #7 Exhibit 6 - Defendants 2010 Invoice for the same amount with different hourly rates, different hours, #8 Exhibit 7 - Letter - shows Defendant lied about an admission 75, #9 Certificate of Service)(Young, Mark)
May 16, 2013 Filing 202 NOTICE of Hearing on Motions. #184 Plaintiff's Motion to Disqualify and #200 Plaintiff's Motion to Strike Affirmative Defenses are set for 6/27/2013 at 11:00 AM before Judge BARRY M. KURREN. (kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 16, 2013 Filing 201 MOTION Telephonic Hearing re #198 MOTION Set Standard of Care , 199 Notice of Hearing on Motion,, by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service)(Young, Mark)
May 15, 2013 Filing 200 MOTION to Strike #189 Answer to Amended Complaint Striking Affirmative Defenses by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Motion to Strike Defendant's Affirmative Defenses, #2 Exhibit 1 - Amended Complaint, #3 Exhibit 2 - Answer to Amended Complaint, #4 Exhibit 3 - Settlement Agreement, #5 Exhibit 4 - James Vrechek 2010 Invoice, #6 Exhibit 5 - James Vrechek 2004 Invoice - shows at least one invoice was falsified, #7 Certificate of Service)(Young, Mark)
May 14, 2013 Filing 199 NOTICE of Hearing on Motion #198 MOTION Set Standard of Care :. Motion Hearing set for 7/1/2013 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 14, 2013 Filing 198 MOTION Set Standard of Care by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion To Set Standard of Care, #2 Declaration, #3 Exhibit 1 - Sharon Young 1992 Tax Return - shows JAMES VRECHEK CPA BEFORE Trust Created, #4 Exhibit 2 - James Vrechek CPA 1996 Invoice - shows JAMES VRECHEK CPA AFTER Trust created, #5 Exhibit 3 - 2004 Letters - shows represented himself as CPA upon assuming role as successor trustee, #6 Certificate of Service)(Young, Mark)
May 10, 2013 Filing 197 EO: On April 25, 2013, Plaintiff filed a document titled "Plaintiff's Objection to Magistrate Order (Doc 177)." It is not at all clear to this court what Plaintiff is objecting to. The thrust of his Objection appears to be that the Ninth Circuit has determined that the trust is not a proper party. But that argument does not appear to be directly addressed by ECF No. 177, which is simply a set of minutes of a proceeding held on April 11, 2013. At that proceeding, Magistrate Judge Barry M. Kurren granted Plaintiff's motion to file a third amended complaint, granted Defendant James Vrechek's ex parte motion for extension of time to respond to Plaintiff's discovery requests, and denied Plaintiff's motion to comply with initial disclosures. See ECF No. 177. It appears that Plaintiff is objecting to the Magistrate Judge's issuance of any ruling that Plaintiff sees as recognizing the trustee's participation in this action. The extended deadline has already passed, so this court cannot undo that ruling, require an earlier response, or reject a party's participation in the case in the form of a motion. The court's concern is that, if Plaintiff wishes to bring to the court the question of whether the trust, trustee, or attorney should be part of this case, that issue should be brought in the form of a motion filed by Plaintiff, not by way of the present confusing appeal of a ruling that this court cannot undo. The court therefore terminates the objections, ECF No. 186. terminating #186 Motion for Extension of Time to Complete Discovery. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 9, 2013 Filing 196 EO: Defendant's #191 Ex Parte Motion to Postpone Hearing re Motion for Default is GRANTED. The Hearing re #187 Motion for Default set for 5/30/2013 is CONTINUED to 6/27/2013 at 11:00 a.m. before Judge Barry M. Kurren. Plaintiff's #193 Motion for Telephonic Hearing is GRANTED. Plaintiff to notify Judge Kurren's Courtroom Manager (808-541-1306) of the phone number where he may be reached at the time of this hearing. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 9, 2013 Filing 195 MOTION to Compel Defendant Produce Documents by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Plaintiffs Request For Production, #3 Exhibit 2 - Defendants Response to Request For Production, #4 Exhibit 3 - Attorneys Vacation Home Valued at $750,000 - no finanacial incentive for good faith discovery, #5 Certificate of Service)(Young, Mark)
May 9, 2013 Filing 194 MOTION to Compel Defendant Answer First Set of Inteerrogatories by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Plaintiff's First Set of Interrogatories, #3 Exhibit 2 - Defendant's Response to Interrogatories, #4 Exhibit 3 - Attorney Ruthruff's $750,000 vacation home - no financial incentive for good faith discovery, #5 Certificate of Service)(Young, Mark)
May 9, 2013 Filing 193 MOTION Telephonic Hearing re 188 Notice of Hearing on Motion,, by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service)(Young, Mark)
May 9, 2013 Filing 192 RESPONSE to Motion re #191 Ex Parte MOTION to Continue Hearing on Plaintiff's Motion for Default filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Email stating no objection if Attorney Ruthruff files Notice of Unavailability in the future because this is the fourth adjustment of a Court deadline for his travel schedule, #2 Certificate of Service)(Young, Mark)
May 8, 2013 Filing 191 Ex Parte MOTION to Continue Hearing on Plaintiff's Motion for Default Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Affidavit of Jerry A. Ruthruff, #2 Exhibit "A", #3 Certificate of Service)(Ruthruff, Jerry)
May 2, 2013 Filing 190 REPLY re #183 Memorandum in Opposition to Motion, #166 MOTION to Compel Intervener Comply With Rule 24 filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Shows Attorney Ruthruff represented Intervener Trust violating Rule 24, #2 Exhibit 2 - Email shows Attorney Ruthruff continues billing Intervener Trust despite conflict of interest, #3 Certificate of Service)(Young, Mark)
April 29, 2013 Filing 189 ANSWER to #178 Amended Complaint,, by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
April 29, 2013 Filing 188 NOTICE of Hearing on #187 Plaintiff Mark Young's Motion For Default Against Defendant James Francis Vrechek set for 5/30/2013 @ 09:30 AM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 26, 2013 Filing 187 MOTION for Default Judgment as to Amended Complaint by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Motion For Default, #2 Certificate of Service)(Young, Mark)
April 25, 2013 Filing 186 OBJECTION in part to Magistrate Order Doc #177 filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Defendant's invoice from 2004, #2 Exhibit 2 - Defendant's second version of the same invoice with different times, different hourly rate, but same total, #3 Exhibit 3 - Letter to James Vrechek requesting return of embezzled trust funds, #4 Exhibit 4 - Defendant's JAMES VRECHECK CPA letterhead, #5 Exhibit 5 - Public Record showing James Vrechek was never licensed as a CPA, #6 Exhibit 6 - Defendant using business associate's letterhead, #7 Exhibit 7 - USDOJ Press release that Defendant's business associate incarcerated by this Court, #8 Exhibit 8 - Attorney Ruthruff appearing as attorney for Intervener Trust, #9 Exhibit 9 - Attorney Ruthruff changing appearance to two parties despite conflict of interest, #10 Certificate of Service)(Young, Mark) Modified on 4/29/2013 (emt, ).
April 25, 2013 Filing 185 CERTIFICATE OF SERVICE by James Francis Vrechek re:Responses to Plaintiff's First Discovery Requests (Ruthruff, Jerry)
April 24, 2013 Filing 184 MOTION to Disqualify Counsel For Conflict of Interest by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Motion To Disqualify Counsel, #2 Certificate of Service)(Young, Mark)
April 24, 2013 Filing 183 MEMORANDUM in Opposition re #166 MOTION to Compel Intervener Comply With Rule 24 filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
April 17, 2013 Filing 182 CERTIFICATE OF SERVICE by James Francis Vrechek re: Amended and Supplemental Response to Plaintiff's First Set of Requests for Admissions (Ruthruff, Jerry)
April 15, 2013 Filing 181 EO: The Court GRANTS #180 Plaintiff's Motion For Telephonic Hearing. The Court will contact Mark Young via phone at the time of scheduled motions set for 5/16/2013 @ 2:00 p.m. before the Honorable Barry M. Kurren. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 12, 2013 Filing 180 MOTION Telephonic Hearing re 179 Notice of Hearing on Motion,, 171 Notice of Hearing on Motion,, by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service)(Young, Mark)
April 12, 2013 Filing 179 NOTICE of Hearing on #164 Plaintiff's Motion To Compel Attorney To Comply With Duty Owed to This Honorable Court set for 5/16/2013 @ 02:00 PM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 11, 2013 Filing 178 FIRST AMENDED COMPLAINT against James Francis Vrechek, filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Defendant's invoice from 2004, #2 Exhibit 2 - Defendant's send version of the same invoice with different times, different hourly rate, but same total, #3 Exhibit 3 - Defendant's JAMES VRECHECK CPA letterhead, #4 Exhibit 4 - Public Record showing James Vrechek was never licensed as a CPA, #5 Exhibit 5 - Defendant using business associate's letterhead, #6 Exhibit 6 - USDOJ Press release that Defendant's business associate incarcerated by this Court for fraud, #7 Certificate of Service)(Young, Mark)
April 11, 2013 Filing 177 EP: Hearing on #159 Plaintiff's Third Motion to File First Amended Complaint held. This motion is GRANTED. Hearing on #167 Defendant James Francis Vrechek's Ex Parte Motion For Extension Of Time To Respond To Plaintiff's Discovery Request held. This Motion is GRANTED. Defendant shall respond by 4/25/2013.Status Conference Re: #165 Plaintiff Mark Young's Motion To Compel Defendant James Francis Vrechek To Comply With Initial Disclosures held. This Motion is DENIED WITHOUT PREJUDICE. (C7F 9:35-9:46am.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 10, 2013 Filing 176 RESPONSE in Opposition re #167 Ex Parte MOTION for Extension of Time to File Responses to Plaintiff's Discovery Requests Amended Objection filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Doc 46 - shows Attorney Ruthruff represents Intervener Trust, #2 Exhibit 2 - Green Cards - shows Attorney Ruthruff misrepresented when Mr. Vrechek was out of town and received discovery, #3 Appendix 1 - United States Supreme Court - shows Attorney Ruthruff owes duties to Plaintiff as a beneficiary of Intervener Trust, #4 Appendix 2 - Hawaii Rule of Professional Conduct 1.7 - shows Attorney Ruthruff has a conflict of interest attorney for Intervener Trust, #5 Certificate of Service)(Young, Mark)
April 10, 2013 Filing 175 MEMORANDUM re #165 MOTION to Compel Defendant James Francis Vrechek Provide Initial Disclosures filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
April 10, 2013 Filing 174 REPLY re #167 Ex Parte MOTION for Extension of Time to File Responses to Plaintiff's Discovery Requests filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
April 9, 2013 Filing 173 CERTIFICATE OF SERVICE by James Francis Vrechek re: Responses to Plaintiff's Discovery Requests (Ruthruff, Jerry)
April 9, 2013 Filing 172 NOTICE of Hearing on #167 Defendant James Francis Vrechek's Ex Parte Motion For Extension Of Time To Respond To Plaintiff's Discovery Request set for 4/11/2013 @ 09:30 AM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 8, 2013 Filing 171 NOTICE of Hearing on #166 Plaintiff Mark Young's Motion To Compel Intervener, Sharon Young Revocable Living Trust Agreement Comply With Rule 24 set for 5/16/2013 @ 02:00 PM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 8, 2013 Filing 170 STATEMENT of No Opposition to #159 Third MOTION for Leave to File First Amended Complaint filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry) Modified on 4/9/2013 (emt, ).
April 8, 2013 Filing 169 EO: Status Conference Re: #165 Plaintiff Mark Young's Motion To Compel Defendant James Francis Vrechek To Comply With Initial Disclosures set for 4/11/2013 @ 09:30 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 5, 2013 Filing 168 OBJECTION to #167 Ex Parte MOTION for Extension of Time to File Responses to Plaintiff's Discovery Requests filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Shows Attorney Ruthruff represents Intervener Trust instead of Defendant, #2 Exhibit 2 - shows Discovery response deadline expired before filing motion for extension of time, #3 Certificate of Service)(Young, Mark) Modified on 4/8/2013 (emt, ).
April 5, 2013 Filing 167 Ex Parte MOTION for Extension of Time to File Responses to Plaintiff's Discovery Requests Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Declaration of Jerry A. Ruthruff, #2 (Proposed) Order Granting Ex Parte Motion for Extension of Time to Respond to Plaintiff's Discovery Requests, #3 Certificate of Service)(Ruthruff, Jerry)
April 5, 2013 Filing 166 MOTION to Compel Intervener Comply With Rule 24 by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion To Compel Intervener Comply with Rule 24, #2 Certificate of Service)(Young, Mark)
April 4, 2013 Filing 165 MOTION to Compel Defendant James Francis Vrechek Provide Initial Disclosures by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion To Compel Initial Disclosures, #2 Exhibit 1 - Reminder That Initial Disclosures Are Past Due, #3 Certificate of Service)(Young, Mark)
April 4, 2013 Filing 164 MOTION to Compel Attorney Comply With Duty Owed To This Honorable Court by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit 1 - Doc 42 - Shows Attorney Represents the Sharon Young Trust, #3 Exhibit 2 - Doc 155 (w/o Exhibits) shows allegations of Trustee misconduct that attorney has a duty to investigate, #4 Certificate of Service)(Young, Mark)
April 2, 2013 Filing 163 EO: The Court GRANTS #162 Plaintiff's Motion for Telephonic Hearing. Plaintiff's Third Motion to File First Amended Complaint is set for hearing on 4/11/2013 at 9:30am (Hawaii time). Plaintiff may participate by phone by notifying Judge Kurren's Courtroom Manager (808-541-1306) of the phone number where he may be reached at the time of this hearing. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 28, 2013 Filing 162 MOTION Telephonic Hearing re 160 Notice of Hearing on Motion,, #159 Third MOTION for Leave to File First Amended Complaint by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service for Motion For Telephonic Hearing)(Young, Mark)
March 4, 2013 Filing 161 NOTICE Certificate of Service - Plaintiffs Initial Disclosures, Plaintiffs First Set of Interrogatories, Plaintiffs First Set of Requests For Admissions, Plaintiff's First Set of Requests For Production, Certificate of Service - by Mark W.S. Young (Young, Mark) Modified on 3/5/2013 (emt, ).
February 25, 2013 Filing 160 NOTICE of Hearing on 159] Plaintiff's Third Motion to File First Amended Complaint. Motion Hearing set for 4/11/2013 at 9:30AM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 25, 2013 Filing 159 Third MOTION for Leave to File First Amended Complaint by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum Memorandum In Support of Motion, #2 Appendix Appendix 1 - Amended Complaint, #3 Exhibit Exhibit 1 - Invoice - Version 2004, #4 Exhibit Exhibit 2 - Invoice - Version 2010, #5 Exhibit Exhibit 3 - James Vrechek CPA Letterhead, #6 Exhibit Exhibit 4 - Public Record - James Vrechek NOT a CPA, #7 Exhibit Exhibit 5 - James Vrechek using Peter Virdone CPA letterhead, #8 Exhibit Exhibit 6 - Peter Virdone Convicted of Tax Fraud, #9 Certificate of Service)(Young, Mark)
February 6, 2013 Opinion or Order Filing 158 RULE 16 SCHEDULING ORDER - Signed by Judge BARRY M. KURREN on 2/6/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 6, 2013 Filing 157 EP: Status Conference Following Ninth Circuit Remand held. Parties to confer to attempt to work out discovery issues. Dates and deadlines are provided below. Court to prepare scheduling order. Discovery due by 12/27/2013. Motions due by 9/25/2013. Final Pretrial Conference set for 1/14/2014 @ 9:30 AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 2/25/2014 @ 9:00 AM before JUDGE SUSAN OKI MOLLWAY. Settlement Conference set for 12/9/2013 @ 10:00 AM before Judge BARRY M. KURREN. (C7 No Record; 9:05-9:10) (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 30, 2013 Filing 156 EO: The Status Conference Following Ninth Circuit Remand set for 1/31/2013 is CONTINUED to 2/6/2013 at 09:00 AM before Judge BARRY M. KURREN. The Court will contact Mark Young at the phone number he previously provided at the time of the conference. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 28, 2013 Filing 155 STATUS REPORT by Mark W.S. Young. (Attachments: #1 Exhibit 1 - James Vrechek Invoice from 2004, #2 Exhibit 2- James Vrechek Invoice - totally different version of 2004 (different rate, different hours, but adding up to same total) - shows at least one of the invoices was fabricated, #3 Exhibit 3- Letter to James Vrechek requesting return misappropriated trust funds and provide documents, #4 Exhibit 4 - JAMES VRECHEK CPA letterhead, #5 Exhibit 5 - Public Record showing James Vrechek was never licensed as a CPA, #6 Exhibit 6 - James Vrechek using business associates letterhead (Peter Virdone), #7 Exhibit 7 - US Dept of Justice Press Release showing Peter Virdone, James Vrechek's business associate was incarcerated for tax fraud, #8 Certificate of Service - ECF)(Young, Mark)
January 23, 2013 Filing 154 EO: Plaintiff's #153 Motion for Telephonic Hearing is GRANTED. Plaintiff is to provide Judge Kurren's Courtroom Manager (808-541-1306) with the phone number where he may be reached at the time of this hearing. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 22, 2013 Filing 153 MOTION telephonic hearing for status update on January 31, 2013 by Plaintiff Mark W.S. Young (Attachments: #1 Certificate of Service - Motion For Telephonic Hearing on Status Update)(Young, Mark)
January 17, 2013 Filing 152 EO: A Status Conference Following Ninth Circuit Remand is set for 1/31/2013 at 9:00AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 14, 2013 Filing 151 MANDATE of USCA as to #140 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 10-15930 -- " The judgment of this Court, entered November 07, 2012, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41 (a) of the Federal Rules of Appellate Procedure." (cc: SOM/TF) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail at the address of record on January 17, 2013. Plaintiff Mark Young served at the e-mail address of record on January 17, 2013. Modified on 1/17/2013 (emt, ).
January 2, 2013 Opinion or Order Filing 150 ORDER of USCA as to #140 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 10-15930 -- " Plaintiff-Appellant's petition for rehearing, filed November 21, 2012, is DENIED." (emt, )No COS issued for this docket entry
November 7, 2012 Filing 149 MEMORANDUM of USCA as to #140 Notice of Appeal filed by Mark W.S. Young (9CCA no. 10-15930) ~ AFFIRMED IN PART; VACATED IN PART; REMANDED ~ (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on November 8, 2012.
November 5, 2012 Opinion or Order Filing 148 ORDER of USCA as to #140 Notice of Appeal filed by Mark W.S. Young (9CCA No. 10-15930) - "Appellant's motion for judicial notice is DENIED. Appellant's motion for sanctions is DENIED." (afc) No COS issued for this docket entry
May 20, 2010 Filing 147 ORIGINAL SIGNATURE of Mark Young submitted re #145 Transcript Designation and Ordering Form attached as Exhibit A. (Note: Certificate of Record issued on 5/19/10 as Appellant indicates on the form that no transcripts are being requested.) (emt, )
May 18, 2010 Filing 146 Certificate of Record re #140 Notice of Appeal filed by Mark Young; USCA Number: 10-15930. (Appellant does not intend to designate any portion of the transcript.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 17, 2010 Filing 145 TRANSCRIPT Designation and Ordering Form by Mark W.S. Young re #144 USCA Scheduling Order, #142 Attorney Appeal Packet, #140 Notice of Appeal,, #143 USCA Case Number, #141 USCA Appeal Fees,, Transcript due by 5/20/2010. (Attachments: #1 Transcript Designation Form, #2 Certificate of Service)(Young, Mark)
April 23, 2010 Filing 144 USCA TIME SCHEDULE ORDER as to #140 Notice of Appeal filed by Mark W.S. Young, 9CCA NO. 10-15930. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 23, 2010 Filing 143 USCA Case Number 10-15930 for #140 Notice of Appeal filed by Mark W.S. Young. (emt, )
April 21, 2010 Filing 142 ATTORNEY/PRO SE APPEAL PACKET re #140 Notice of Appeal filed by Mark W. S. Young. (Attachments: #1 NOTICE OF APPEAL, #2 Instructions for Civil Appeals, #3 Additional Instructions for Transcript Designation and Ordering Form, #4 Letter Re: Court Reporters, #5 Transcript Designation and Ordering Form, #6 DOCKET SHEET)(emt, )
April 21, 2010 COURT'S CERTIFICATE of Service - a copy of #142 ATTORNEY/PRO SE APPEAL PACKET has been served by First Class Mail to Russell Suzuki, Esq. at the address of record on April 21, 2010. As registered participants of CM/ECF, all other case participants received the ATTORNEY/PRO SE APPEAL PACKET electronically at the e-mail addresses listed on the Notice of Electronic Filing (NEF). (emt, )
April 20, 2010 Filing 141 USCA Appeal Fees received $ 455 receipt number 251242 re #140 Notice of Appeal filed by Mark W.S. Young (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. The Ninth Circuit Court of Appeals received notice of the appeal fee received through ECF.
April 20, 2010 Filing 140 NOTICE OF APPEAL #138 , #139 - by Mark W.S. Young. (Filing fee $ 455.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. The Ninth Circuit Court of Appeals received the Notice of Appeal through ECF. (Additional attachment(s) added on 4/21/2010: #1 Main Document Transmittal Letter from Mark Young, dated April 19, 2010) (emt, ).
March 22, 2010 Filing 139 JUDGMENT entered on 3/22/10 pursuant to #82 "ORDER DISMISSING COMPLAINT"; #138 "ORDER ADOPTING THE FEBRUARY 26, 2010, MAGISTRATE JUDGE FINDINGS AND RECOMMENDATION AND ORDER ALLOWING PLAINTIFF TO DISMISS TEN DEFENDANTS AND DENYING LEAVE TO FILE AN AMENDED COMPLAINT". (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 22, 2010 Opinion or Order Filing 138 ORDER ADOPTING THE FEBRUARY 26, 2010, MAGISTRATE JUDGE FINDINGS AND RECOMMENDATION AND ORDER ALLOWING PLAINTIFF TO DISMISS TEN DEFENDANTS AND DENYING LEAVE TO FILE AN AMENDED COMPLAINT #136 , #137 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/22/10. (As requested by Young, claims against the ten Defendants are dismissed. Over Young's objection, the court orders that dismissal to be with prejudice, as Young has abandoned and waived any claims against those Defendants by asking this court to dismiss those claims. The court denies Young leave to file any amended complaint, as the proposed amendments would be futile. The Clerk of Court is directed to enter judgment consistent with this order and the November 6, 2009, order dismissing the original complaint, and to close this case.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 15, 2010 Filing 137 OBJECTION re #136 FINDINGS AND RECOMMENDATIONS re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Mark W.S. YoungFINDINGS AND RECOMMENDATIONS re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Mark W.S. YoungFINDINGS AND RECOMMENDATIONS re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Mark W.S. Young filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 - Vrechek CPA Fraud, #2 Exhibit 2 - Vrechek Gov Depo, #3 Exhibit 3 - Vrechek Tax Fraud, #4 Exhibit 4 - Funds missing from IRA Account, #5 Certificate of Service)(Young, Mark) Modified docketing event to appeal of mag decision to district court on 3/16/2010 (emt, ).
February 26, 2010 Opinion or Order Filing 136 FINDINGS AND RECOMMENDATION THAT PLAINTIFF'S FIRST MOTION TO DISMISS TEN DEFENDANTS BE GRANTED IN PART AND DENIED IN PART; ORDER DENYING PLAINTIFF'S SECOND MOTION TO FILE FIRST AMENDED COMPLAINT re #106 - Signed by Judge BARRY M. KURREN on 2/26/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 18, 2010 Filing 135 EP: Hearing on #106 Plaintiff's First Motion To Dismiss Ten Defendants and Second Motion To File First Amended Complaint held. The Court finds and recommends that Plaintiff's Motion To Dismiss be GRANTED IN PART and, with respect to Plaintiff's request to dismiss "without prejudice," the Court finds and recommends the Motion be DENIED IN PART. The Court DENIES Plaintiff's Motion To File First Amended Complaint. Court to prepare order. Rule 16 Scheduling Conference not held. (C6F 9:33-9:57am.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 17, 2010 Filing 134 EO: On November 4, 2009, Plaintiff Mark Young filed a document refering to a letter dated November 29, 2004, from Edward J. Bybee to himself and arguing that Bybee had a conflict of interest that precluded him from participating in this case. Young did not submit a copy of the letter. That same day, this court ordered Young to submit a copy of the letter, telling him that, unless otherwise ordered by the court, he could file the letter under seal. On November 9, 2009, this court ordered the letter unsealed after determining that it did not contain attorney-client information. On February 17, 2010, Young file a motion to reconsider this court's November 9, 2009, order, labeling the document as "Motion to Seal Docket 84." Without discussing whether he waived the attorney-client privilege by referring to and discussing the contents of the letter in his November 4, 2009, filing, and with very little elaboration, Young argues that the communication between Bybee and himself is confidential regardless of what the letter says because the communications were part of an initial consultation. In November 2009, Local Rule 60.1 required motions for reconsideration to be filed within 10 days. As of December 1, 2009, that rule was amended to require motions for reconsideration to be filed within 14 days. Under either version of Local Rule 60.1, the motion is untimely. In addition to being untimely, Young has not demonstrated in the motion that the letter should be sealed in any event. Accordingly, Young's motion to seal the letter (Docket No. 133) is denied.denying #133 Motion to Seal Document. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 17, 2010 Filing 133 First MOTION to Seal Document #84 Letter by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Mark WS Young, #3 Exhibit 1: Order allowing filing of Sealed Document, #4 Exhibit 2: Declaration of Ed Bybee, #5 Exhibit 3: Declaration of Jerry Ruthruff, #6 Exhibit 4: Order unsealing Docket 84, #7 Certificate of Service)(Young, Mark)
February 11, 2010 Filing 132 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Young, Mark)
February 11, 2010 Filing 131 Defendant Robert Bruce Graham's SCHEDULING CONFERENCE STATEMENT; Certificate of Service. (emt, )
February 11, 2010 Filing 130 Scheduling Conference Statement of Defendant Jason Tani. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
February 11, 2010 Filing 129 Scheduling Conference Statement for Defendants Corbett A. K. Kalama and J. Douglas Keauhou Ing. (Attachments: #1 Certificate of Service)(Sia, Jeffrey)
February 11, 2010 Filing 128 Scheduling Conference Statement of Defendant James Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
February 10, 2010 Filing 127 Scheduling Conference Statement. (Lee, Edquon)
February 10, 2010 Filing 126 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Kawamura, Shirley)
February 10, 2010 Filing 125 Scheduling Conference Statement ; Certificate of Service. (Antalis, Zachary)
February 9, 2010 Filing 124 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint ERRATA [Dockets 107 and 122] filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
February 4, 2010 Filing 123 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint Response by James Vrechek #116 filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
February 4, 2010 Filing 122 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint Response by Jason Tani [Docket 114] filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
February 4, 2010 Filing 121 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint re Ronald Sakamoto Response [Docket 111] filed by Mark W.S. Young. (Attachments: #1 Exhibit 1 Sharon Young - Medical Records, #2 Exhibit Report Contradicts Medical Records, #3 Certificate of Service)(Young, Mark)
February 4, 2010 Filing 120 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint Response by Ing and Kalama [Docket 115] filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
February 4, 2010 Filing 119 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint Kanemitsu Response [Docket 118] filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
January 29, 2010 Filing 118 MEMORANDUM in Opposition re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley)
January 29, 2010 Filing 117 Errata re #116 Memorandum in Opposition to Motion to Dismiss Ten Defendants and Second Motion To File First Amended Complaint. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
January 28, 2010 Filing 116 MEMORANDUM in Opposition to Plaintiff's Motion to Dismiss Ten Defendants and Second Motion to File First Amended Complaint filed by James Francis Vrechek. (Ruthruff, Jerry) Modified on 2/1/2010 to add linkage to #106 , #91 , #114 , #95 (emt, ).
January 28, 2010 Filing 115 RESPONSE to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by J. Douglas Ing, Corbett A.K. Kalama. (Attachments: #1 Certificate of Service)(Sia, Jeffrey)
January 28, 2010 Filing 114 MEMORANDUM in Opposition re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Jason Tani. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
January 28, 2010 Filing 113 REPLY to Response to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint Reply to Dockets 108 and 112 filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
January 27, 2010 Filing 112 Defendant Court-Appointed Master Robert Bruce Graham's MEMORANDUM Regarding #106 Plaintiff's First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed on January 7, 2010; Certificate of Service - filed by Robert Bruce Graham. (emt, )
January 22, 2010 Filing 111 RESPONSE re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint filed by Ronald R. Sakamoto. (Lee, Edquon)
January 8, 2010 Filing 110 NOTICE of Hearing on #106 Plaintiff's First Motion To Dismiss Ten Defendants and Second Motion To File First Amended Complaint. Motion Hearing set for 2/18/2010 at 9:30 AM (Hawaii time) before Judge BARRY M. KURREN. Opposition and reply memoranda are due in accordance with the Local Rules of this Court.(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
January 8, 2010 Filing 109 EO: In light of #106 Plaintiff's First Motion To Dismiss Ten Defendants and Second Motion To File First Amended Complaint, the following motion is TERMINATED: #86 Plaintiff's Motion To File First Amended Complaint. The hearing on #86 Plaintiff's Motion To File First Amended Complaint, which was set for 1/21/2010, is VACATED. #106 Plaintiff's First Motion To Dismiss Ten Defendants and Second Motion To File First Amended Complaint is set for hearing on 2/18/2010 at 9:30 a.m. (Hawaii time) before Judge Barry M. Kurren. Opposition and reply memoranda are due in accordance with the Local Rules of this Court. The Rule 16 Scheduling Conference, which was set for 1/21/2010, is CONTINUED to 2/18/2010 at 9:30 a.m. (Hawaii time) before Judge Barry M. Kurren. Scheduling Conference Statements are due 2/11/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 7, 2010 Filing 108 RESPONSE to Motion re #106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint ; Certificate of Service filed by Ashford & Wriston, LLP. (Antalis, Zachary)
January 7, 2010 Filing 107 REPLY re #90 Memorandum in Opposition to Motion, #96 Memorandum in Opposition to Motion, #91 Memorandum in Opposition to Motion, #95 Memorandum in Opposition to Motion, #89 Memorandum in Opposition to Motion, #97 Memorandum in Opposition to Motion, #94 Memorandum in Opposition to Motion, #93 Memorandum in Opposition to Motion, filed by Mark W.S. Young. (Attachments: #1 Certificate of Service)(Young, Mark)
January 7, 2010 Filing 106 First MOTION to Dismiss Ten Defendants and Second Motion To File Amended Complaint by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum Memorandum of Law, #2 Appendix First Amended Complaint, #3 Certificate of Service)(Young, Mark)
January 5, 2010 Filing 105 EO: #99 Plaintiff's Ex Parte Motion For Extension of Time to File Replies to Memoranda in Opposition to Plaintiff's Motion to File First Amended Complaint is DENIED. Plaintiff's reply memorandum in support of his #86 Motion To File First Amended Complaint remains due 1/7/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 5, 2010 ADVISORY ENTRY. The entry docket number #99 Ex Parte MOTION for Extension of Time to File Response/Reply to Memorandums in Opposition filed by Mark W.S. Young was filed incorrectly in this case. Please be advised that the memorandum and certificate of service should have been attached as separate ECF attachments and labeled accordingly. LR100.2.6 states " Each exhibit referenced in a pleading, motion, brief, or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit." NO FURTHER ACTION IS REQUIRED. (emt, )
January 4, 2010 Filing 104 Joinder re #102 Memorandum in Opposition to Motion filed by J. Douglas Ing, Corbett A.K. Kalama re Plaintiff's Ex Parte Motion for Extension of Time to File Replies to Memorandums in Opposition to Plaintiff's Motion to File First Amended Complaint Filed on 11/23/09 filed by Jason Tani. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
January 4, 2010 Filing 103 Joinder re #102 Memorandum in Opposition to Motion filed by J. Douglas Ing, Corbett A.K. Kalama filed by Ronald R. Sakamoto. (Lee, Edquon)
January 4, 2010 Filing 102 MEMORANDUM in Opposition re #99 Ex Parte MOTION for Extension of Time to File Response/Reply to Memorandums in Opposition filed by J. Douglas Ing, Corbett A.K. Kalama. (Attachments: #1 Certificate of Service)(Sia, Jeffrey)
January 4, 2010 Filing 101 MEMORANDUM in Opposition to Plaintiff's Ex Parte Motion For Extension of Time to File Replies to Defendants' Memorandums in Opposition to Plaintiff's Motion to File Amended Complaint filed by James Francis Vrechek. (Attachments: #1 Certificate of Service)(Ruthruff, Jerry)
January 4, 2010 Filing 100 STATEMENT in Opposition re #99 Ex Parte MOTION for Extension of Time to File Response/Reply to Memorandums in Opposition ; Certificate of Service filed by Ashford & Wriston, LLP. (Antalis, Zachary)
January 4, 2010 Filing 99 Ex Parte MOTION for Extension of Time to File Response/Reply to Memorandums in Opposition by Plaintiff Mark W.S. Young (Young, Mark)
January 4, 2010 ADVISORY ENTRY. The entry docket number #97 Memorandum in Opposition to Motion filed by James Francis Vrechek, #98 Certificate of Service filed by James Francis Vrechek, #94 Memorandum in Opposition to Motion filed by James Francis Vrechek was filed incorrectly in this case. Please be advised that these documents did not bear counsel identification. The filing party may refer to LR10.2(b) - Identification of Person Filing a Document. The filer is further advised to link or associate any future filings to related documents whenever applicable. NO FURTHER ACTION IS REQUIRED BY THE FILER. (emt, )
December 31, 2009 Filing 98 CERTIFICATE OF SERVICE by James Francis Vrechek re: Amended Memorandum In Oppostion to Plaintiff's Motion to File Amended Complaint (Ruthruff, Jerry)
December 31, 2009 Filing 97 MEMORANDUM in Opposition to Plaintiff's Motion to File Amended Complaint (Amended) filed by James Francis Vrechek. (Ruthruff, Jerry)
December 31, 2009 Filing 96 MEMORANDUM in Opposition re #86 MOTION to Amend/Correct filed by J. Douglas Ing, Corbett A.K. Kalama. (Attachments: #1 Certificate of Service)(Sia, Jeffrey) Modified on 1/4/2010 to delete extraneous docket text (emt, ).
December 31, 2009 Filing 95 MEMORANDUM in Opposition re #86 MOTION to Amend/Correct filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley) Modified on 1/4/2010 to delete extraneous docket text(emt, ).
December 31, 2009 Filing 94 MEMORANDUM in Opposition to Plaintiff's Motion to File Amended Complaint filed by James Francis Vrechek. (Ruthruff, Jerry)
December 30, 2009 Filing 93 MEMORANDUM in Opposition re #86 MOTION to Amend/Correct AND SUBSTANTIVE JOINDER TO #89 DEFENDANT GRAHAM'S MEMORANDUM IN OPPOSITION filed by Ashford & Wriston, LLP. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Certificate of Service)(Antalis, Zachary) Modified on 12/30/2009 to delete extraneous docket text(emt, ).
December 30, 2009 Filing 92 CERTIFICATE OF SERVICE by Jason Tani re #91 Memorandum in Opposition to Motion,,,,,, (Amended Certificate of Service) (Nakamura, Lee)
December 30, 2009 Filing 91 MEMORANDUM in Opposition re #86 MOTION to Amend/Correct #82 Order filed by Jason Tani. (Attachments: #1 Certificate of Service)(Nakamura, Lee) Modified on 12/30/2009 to delete extraneous docket text(emt, ).
December 30, 2009 Filing 90 MEMORANDUM in Opposition re #86 MOTION to Amend/Correct #82 Order filed by Ronald R. Sakamoto. (Lee, Edquon) Modified on 12/30/2009 to delete extraneous docket text (emt, ).
December 30, 2009 Filing 89 Defendant Court-Appointed Robert Bruce Graham's MEMORANDUM in Opposition to #86 Plaintiff's MOTION to File First Amended Complaint; Certificate of Service - filed by Robert Bruce Graham. (emt, )
November 30, 2009 Filing 88 EO: The Rule 16 Scheduling Conference set for 12/17/2009 is CONTINUED to 9:30AM (HAWAII time) on 1/21/2010 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 1/14/2010. Counsel may participate by phone by informing Judge Kurren's Courtroom Manager (808-541-1306) of the phone number you may be reached at for the hearing. A hearing on #86 Plaintiff's Motion To File First Amended Complaint is set for the same time as the Rule 16 Scheduling Conference. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 11/30/2009 (kur2, ).
November 30, 2009 Filing 87 NOTICE of Hearing on #86 Plaintiff's Motion To File First Amended Complaint. Motion Hearing set for 1/21/2010 at 9:30AM (HAWAII time) before Judge BARRY M. KURREN. Any opposition memo is due 12/31/2009. Any reply memo is due 1/7/2010. Counsel may participate by phone by informing Judge Kurren's Courtroom Manager (808-541-1306) of the phone number you may be reached at for the hearing.(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
November 23, 2009 Filing 86 MOTION to Amend/Correct #82 Order on Motion to Dismiss,,,,,, Order on Motion for Joinder,,,,,, Order on Motion to Amend/Correct,,,,,,,,,,,, Order on Motion for More Definite Statement,,,,,,,,,,,,,,,,,,,,,,, #1 Complaint, by Plaintiff Mark W.S. Young (Attachments: #1 Memorandum in Support of Motion To Amend, #2 Appendix 1: First Amended Complaint, #3 Exhibit 1: Preliminary Report, #4 Exhibit 2: Report on Trustee Removal, #5 Exhibit 3: Objection to Report on Trustee Removal, #6 Exhibit 4: Report on Deathbed Amendments, #7 Exhibit 5: Objection to Report on Deathbed Amendments, #8 Exhibit 6: Judgment Against James Vrechek by US for $51,652.80, #9 Exhibit 7: IRS's Deposition of James Vrechek, #10 Exhibit 8: Affidavit of IRS, #11 Exhibit 9: James Vrechek's CPA Letterhead, #12 Exhibit 10: Vrechek's CPA Invoice, #13 Exhibit 11: DCCA Complaint Against James Vrechek for falsifying a CPA license, #14 Exhibit 12: Public Record - No CPA license, #15 Exhibit 13: Vrecheks Letters claiming to be a CPA in 2004, #16 Exhibit 14: Sharon Young's IRA Account - last known accounting, #17 Exhibit 15: Vrechek's First Accounting - $3,731.83 disappeared from Sharon Young's IRA Account, #18 Exhibit 16: Comparison of Sharon Young's Signatures, #19 Exhibit 17: USDOJ Press Release shows Vrechek's business partner, Peter Virdone, convicted of tax fraud, #20 RICO Statement, #21 Certificate of Service)(Young, Mark)
November 9, 2009 Filing 85 EO: On November 9, 2009, Plaintiff filed under seal a letter he had received from Edward J. Bybee dated November 29, 2004. In filing the letter under seal, Plaintiff says that he is acting "pursuant to Court Order dated 11/4/1009 (Document No. 78 in the case) by the Honorable Judge Mollway." This court's order of November 4 did not direct that the letter be filed under seal. The order only directed the filing. Nevertheless, if the letter contained confidential information, the court would understand why Plaintiff thought it should be filed under seal. In that event, Plaintiff should have sought leave to file the letter under seal. As it turns out, the letter contains no confidential information. The court accordingly directs the Clerk of Court to unseal the matter. re #84 Letter. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 9, 2009 Filing 84 SEALED LETTER Dated 11/29/04 - submitted by Plaintiff Mark Young. (emt, ) (emt, ). Modified on 11/9/2009 ---This document is UNSEALED pursuant to 85 . (emt, ).
November 6, 2009 Filing 83 EO: Hearing on #10 Defendant Frank Kanemitsu's Motion For More Definite Statement, #14 Defendant Ronald R. Sakamoto's Substantive Joinder in Defendant Frank Kanemitsu's Motion for More Definite Statement and #55 Plaintiff's Motion To Amend Complaint TERMINATED. Rule 16 Scheduling Conference set for 11/20/2009 is CONTINUED to 12/17/2009 @ 10:30 AM before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements are due 12/10/2009. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 6, 2009 Opinion or Order Filing 82 ORDER DISMISSING COMPLAINT #10 , #11 , #14 , #21 , #46 , #53 , #55 , #65 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/6/09. (This court dismisses the Complaint in its entirety. Young may seek leave to file an Amended Complaint by filing an appropriate motion with the Magistrate Judge assigned to this case no later than November 23,2009. If Young does not file such a motion by that date, the Clerk of Court is directed to enter judgment in favor of Defendants and to close this case on or after November 24, 2009. If Young timely files such a motion, the Clerk of Court is directed to enter judgment and close this case only if the motion is ultimately denied. If such a motion is granted, no judgment will be entered until the amended complaint is adjudicated. This order disposes of Hirai and Graham's motion to dismiss, Ashford & Wriston's substantive joinders, and Tani's joinder. Given this order, all other pending motions are denied as moot.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 6, 2009 Filing 81 STATEMENT re #46 MOTION to Dismiss Plaintiff's Complaint RICO STATEMENT filed by Mark W.S. Young. (Young, Mark)
November 5, 2009 Filing 80 CERTIFICATE OF SERVICE by James Francis Vrechek Memorandum re: Potential Disqualification of Counsel (Ruthruff, Jerry)
November 5, 2009 Filing 79 MEMORANDUM in Support re #46 MOTION to Dismiss Plaintiff's Complaint re: Potential Disqualification filed by James Francis Vrechek. (Attachments: #1 Declaration of Edward J. Bybee, #2 Declaration of Jerry A. Ruthruff)(Ruthruff, Jerry)
November 4, 2009 Filing 78 EO: Earlier today, Plaintiff Mark W.S. Young filed a Response to Defendant James Francis Vrechek's Motion to Dismiss. In the Response, Young claims that he had an attorney-client relationship with Edward J. Bybee and Jerry A. Ruthruff, Vrechek's attorneys in this matter. Young says that those attorneys, in a letter dated November 29, 2004, "opined that James Vrechek should be removed as trustee from the Sharon Young Trust and sanctioned." Young says that he is willing to provide this court with a copy of the letter. Young says that he already faxed a copy of the letter to Bybee on October 25, 2009.It is hereby ordered that, no later than 4:00 p.m. today, Young shall fax a copy of this letter to Judge Mollway at (808) 541-1724. Young shall then send a copy of the letter to this court for filing. Unless otherwise ordered by this court, Young may file the copy of the November 29, 2004, letter under seal.Bybee and Ruthruff may respond to Young's suggestion that they have a conflict in a letter to this court no later than noon tomorrow, November 5, 2009. Bybee and Ruthruff should indicate whether they dispute Young's assertion of a conflict and, if so, should explain the basis for their position. re #46 MOTION to Dismiss Plaintiff's Complaint. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 4, 2009 Filing 77 RESPONSE to Motion re #53 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009, MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009,, #46 MOTION to Dismiss Plaintiff's Complaint filed by Mark W.S. Young. (Attachments: #1 Exhibit A - Jason Tani's Appearance for James Vrechek as an individual, #2 Exhibit B - Standard for RICO Statement, #3 Exhibit C - Composite Exhibit of James Vrechek's Moral Turpitude and Misdeeds)(Young, Mark)
November 3, 2009 Filing 76 EO: Plaintiff Mark W.S. Young has filed a Motion To Stay Proceedings. The court denies the motion. Putting aside how unusual it is for a party to seek to stay the very action that the party has commenced, this court notes that Plaintiff states no colorable reason to stay this action. The only reason advanced by Plaintiff is that the United States Department of Justice and the Internal Revenue Service are allegedly investigating matters the Plaintiff says relate to his claims. In support of the allegation that such investigations are occurring, Plaintiff attaches documents that do not indicate that such investigations are indeed occurring. Exhibit A is a letter from the Citizen Complaint Center, Antitrust Division, Department of Justice, dated October 15, 2009. That letter acknowledges receipt of a letter from Plaintiff and says that the letter has been forwarded to "appropriate legal staff for further review." The letter says that Plaintiff's contact information is on file and that Plaintiff may be contacted if the legal staff needs further information. This letter in no way states that the USDOJ has commenced any investigation. Exhibits B and C are letters from Arthur Andersen dating back more than a decade. Exhibit D is a letter from the IRS to Plaintiff acknowledging receipt of a document from him and telling him that the information he has provided "will be evaluated to determine if an investigation is warranted and an award is appropriate." The letter states that specific details of any actions that the IRS may take will not be divulged to Plaintiff. The letter does not state that there is an ongoing IRS investigation that in any way relates to Plaintiff's claims. Given the absence of evidence from which this court could conclude that Plaintiff has a basis for seeking a stay of his own action, his motion is denied.denying #75 Motion to Stay. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
November 3, 2009 Filing 75 MOTION to Stay Proceedings by Plaintiff Mark W.S. Young (Attachments: #1 Exhibit A - USDOJ Letter, #2 Exhibit B - Arthur Anderson Letter $750M in costs, #3 Exhibit C - Arthur Anderson Letter $9M settlement, #4 Exhibit D - IRS Letter, #5 Memorandum In Support of Motion, #6 Certificate of Service)(Young, Mark)
November 3, 2009 Filing 73 Joinder re #71 Memorandum in Opposition to Motion filed by Ashford & Wriston, LLP filed by Ronald R. Sakamoto. (Lee, Edquon)
November 2, 2009 Filing 74 Defendants the Honorable Colleen K. Hirai and Court-Appointed Master Robert Bruce Graham's MEMORANDUM in Opposition to #55 Plaintiff's MOTION to Amend #1 Complaint; Certificate of Service - filed by Robert Bruce Graham, Colleen K. Hirai. (emt, )
November 2, 2009 Filing 72 MEMORANDUM in Opposition re #55 MOTION to Amend/Correct #1 Complaint, filed by J. Douglas Ing, Corbett A.K. Kalama. (Attachments: #1 Declaration of Jeffrey H. K. Sia, #2 Certificate of Service)(Sia, Jeffrey)
November 2, 2009 Filing 71 MEMORANDUM in Opposition re #55 MOTION to Amend/Correct #1 Complaint, Certificate of Service filed by Ashford & Wriston, LLP. (Antalis, Zachary)
October 30, 2009 Opinion or Order Filing 70 ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST JAMES FRANCIS VRECHEK #67 - Signed by Judge BARRY M. KURREN on 10/30/09. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 28, 2009 Filing 68 Defendants the Honorable Colleen K. Hirai and Court-Appointed Master Bruce Graham's REPLY to: (1) Plaintiff's Response to Defendant Colleen K. Hirai and Robert Bruce Graham's #11 MOTION to Dismiss; and (2) Memorandum Opposing Defendants' Motion to Dismiss; Certificate of Service - filed by Colleen K. Hirai, Robert Bruce Graham. (emt, )
October 26, 2009 Filing 67 MOTION for Entry of Default Against James Francis Vrechek, an individual, Mark W.S. Young appearing for Plaintiff Mark W.S. Young (Attachments: #1 Main Document Motion For Entry of Default, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Service)(Young, Mark)
October 26, 2009 Filing 66 NOTICE of Hearing on Motion #65 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint :. Motion Hearing set for 11/9/2009 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 22, 2009 Filing 65 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint Lee T. Nakamura appearing for Defendant Jason Tani (Attachments: #1 Certificate of Service)(Nakamura, Lee)
October 22, 2009 Filing 64 STATEMENT of No Position re #53 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009, MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009,, #46 MOTION to Dismiss Plaintiff's Complaint filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley)
October 19, 2009 Opinion or Order Filing 63 ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST BISHOP ESTATE #56 - Signed by Judge BARRY M. KURREN on 10/19/09. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 16, 2009 Filing 62 NOTICE of Hearing on #55 Plaintiff's Motion To Amend Complaint set for 11/20/2009 @ 10:00 AM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 15, 2009 Filing 61 REPLY re #44 Response in Opposition to Motion, #11 MOTION to Dismiss, #21 MOTION for Joinder re #11 MOTION to Dismiss (REPLY TO PLAINTIFFS RESPONSE TO DEFENDANT COLLEEN K. HIRAI AND ROBERT BRUCE GRAHAMS MOTION TO DISMISS; CERTIFICATE OF SERVICE) filed by Ashford & Wriston, LLP. (Antalis, Zachary)
October 14, 2009 Filing 60 EO: #11 MOTION to Dismiss, #21 MOTION for Joinder re #11 MOTION to Dismiss. set for 10/27/09 @ 9:45 a.m. are continued to 11/9/2009 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 13, 2009 Opinion or Order Filing 59 ORDER granting in part and denying Plaintiff's Motion For CM/ECF Electronic Filing, Telephonic Hearings, And Permission to Bring Notebook Computer Into Court in re #15 . Signed by Judge BARRY M. KURREN on 10/8/09. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). The Plaintiff, Mark W.S. Young was served a copy of this order and a blank CM/ECF Registration form and the Court's face page of the Court's website by first class mail on the date of this docket entry
October 8, 2009 Filing 58 MEMORANDUM in Opposition re #56 MOTION for Entry of Default Judgment (agaist Bishop Estate) Filed on 10/8/09 filed by Bishop Estate. (Attachments: #1 Declaration of Jeffrey H. K. Sia, #2 Exhibit Exhibit "A", #3 Certificate of Service)(Sia, Jeffrey)
October 8, 2009 Filing 57 MEMORANDUM in Opposition re #56 MOTION for Entry of Default Against Bishop Estate filed by Bishop Estate. (Attachments: #1 Declaration Declaration of Jeffrey H. K. Sia, #2 Exhibit Exhibit "A", #3 Certificate of Service)(Sia, Jeffrey)
October 8, 2009 Filing 56 Plaintiff'S REQUEST for Entry of Default Against Bishop Estate - by Plaintiff Mark W.S. Young (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order on Entry of Default, #5 Plaintiff's REQUEST FOR ENTRY OF DEFAULT JUDGMENT, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Proposed Order on Plaintiff's Request for Entry of Default Judgment, #10 Certificate of Service)(emt, )
October 8, 2009 Filing 55 Plaintiff's MOTION to Amend #1 Complaint - by Plaintiff Mark W.S. Young (Attachments: #1 Exhibit 3, #2 Certificate of Service)(emt, )
October 8, 2009 Filing 54 NOTICE of Hearing on Motion #53 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009, MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009, :. Motion Hearing set for 11/9/2009 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 7, 2009 Filing 53 MOTION for Joinder re #46 MOTION to Dismiss Plaintiff's Complaint : SUBSTANTIVE JOINDER TO DEFENDANT JAMES FRANCIS VRECHEKS MOTION TO DISMISS FILED OCTOBER 5, 2009, Zachary John Antalis appearing for Defendant Ashford & Wriston, LLP (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Antalis, Zachary)
October 7, 2009 Opinion or Order Filing 52 ORDER DENYING EMERGENCY MOTION TO ENJOIN STATE PROBATE COURT PROCEEDINGS #45 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/7/09. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 7, 2009 Filing 51 EO: The Rule 16 Scheduling Conference set for 11/23/2009 is MOVED to 10:00AM (Hawaii time) on 11/20/2009 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 11/13/2009. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 7, 2009 Filing 50 EO: The hearing on the following motions is CONTINUED from 10/26/2009 to 11/20/2009 at 10:00AM (Hawaii time) before Judge BARRY M. KURREN: #10 Defendant Frank Kanemitsu's Motion For More Definite Statement and #14 Defendant Ronald R. Sakamoto's Substantive Joinder in Defendant Frank Kanemitsu's Motion for More Definite Statement (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 7, 2009 Filing 49 NOTICE of Hearing on Motion #46 MOTION to Dismiss Plaintiff's Complaint :. Motion Hearing set for 11/9/2009 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 6, 2009 Filing 48 STATEMENT of No Position re #11 MOTION to Dismiss filed by Ronald R. Sakamoto. (Lee, Edquon)
October 5, 2009 Filing 47 CERTIFICATE OF SERVICE by James Francis Vrechek re #46 MOTION to Dismiss Plaintiff's Complaint (Ruthruff, Jerry)
October 5, 2009 Filing 46 MOTION to Dismiss Plaintiff's Complaint Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Memorandum In Support of Motion To Dismiss)(Ruthruff, Jerry)
October 2, 2009 Filing 45 Document entered as: Emergency MOTION to Stay State Court Proceedings [Document is captioned: Plaintiff's Response to #11 Defendant Colleen Hirai and Robert Bruce Graham's Motion to Dismiss; Memorandum Opposing Defendants Motion to Dismiss; Emergency Motion to Stay State Court Proceedings; Exhibit A; Certificate of Service] - filed by Mark Young. [The Clerks Office has re-entered this document, previously entered as a response (see document #44 ), to reflect this filing as a motion to stay, as indicated in the document caption, and as attached to the response.] (Attachments: #1 Memorandum Opposing Defendants Motion to Dismiss, #2 Emergency MOTION to Stay Court Proceedings, #3 Exhibit A, #4 Certificate of Service)(emt, )
October 2, 2009 Filing 44 Plaintiff's RESPONSE to #11 Defendant Colleen Hirai and Robert Bruce Graham's MOTION to Dismiss - filed by Mark W.S. Young. (Attachments: #1 Memorandum Opposing Defendants Motion to Dismiss, #2 Emergency Motion to Stay State Court Proceedings, #3 Exhibit A, #4 Certificate of Service)(emt, )
October 2, 2009 Filing 43 Plaintiff's RESPONSE to #10 Defendant Frank Kanemitsu's MOTION for More Definite Statement - filed by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Plaintiff's Memorandum in Response to Defendant's Motion for a More Definite Statement, #4 Exhibit A, #5 Exhibit B, #6 Certificate of Service)(emt, )
October 2, 2009 Filing 42 Plaintiff's RESPONSE to #23 Defendant Ashford & Wriston Opposition to #15 Plaintiff's MOTION for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court; and Certificate of Service - filed by Mark W.S. Young. (emt, )
October 2, 2009 Filing 41 REPLY re #10 MOTION for More Definite Statement filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley)
October 2, 2009 Filing 40 NOTICE of Appearance by Wayne P. Nasser on behalf of Ashford & Wriston, LLP on behalf of Ashford & Wriston, LLP. (Attachments: #1 Certificate of Service)(Nasser, Wayne)
October 1, 2009 Filing 39 STATEMENT of No Opposition re #10 MOTION for More Definite Statement OF DEFENDANT FRANK KANEMITSU FILED SEPTEMBER 21, 2009, filed by Ashford & Wriston, LLP. (Attachments: #1 Certificate of Service)(Antalis, Zachary)
October 1, 2009 Filing 38 NOTICE of Appearance by Zachary John Antalis on behalf of Ashford & Wriston, LLP on behalf of Ashford & Wriston, LLP. (Attachments: #1 Certificate of Service)(Antalis, Zachary)
September 29, 2009 Filing 37 ANSWER to #1 Complaint, by Corbett A.K. Kalama. (Attachments: #1 Certificate of Service)(Sia, Jeffrey)
September 28, 2009 Filing 36 ANSWER to #1 Complaint, by J. Douglas Ing. (Attachments: #1 Certificate of Service)(Sia, Jeffrey)
September 28, 2009 Filing 35 EO: Plaintiff filed requests for entry of default against the following Defendants: Ronald R. Sakamoto (doc. #25 ); Ashford & Wriston, LLP (doc. #26 ); Robert Bruce Graham (doc. #27 ); and Colleen K. Hirai (doc. #28 ). Plaintiff's requests for entry of default are DENIED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 25, 2009 Filing 34 Corporate Disclosure Statement by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley)
September 25, 2009 Filing 33 STATEMENT of No Position to #11 Defendants The Honorable Colleen K. Hirai and Court-Appointed Master Robert Bruce Graham's Motion to Dismiss, Filed on September 18, 2009 and to #21 Defendant Ashford & Wriston's Substantive Joinder to Defendants Colleen K. Hirai and Court-Appointed Master Robert Bruce Graham's Motion to Dismiss, Filed on September 22, 2009 filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley) Modified on 9/28/2009 to add linkage to #11 and #21 . (emt, ).
September 25, 2009 Filing 32 MEMORANDUM in Opposition Plaintiff's #15 Motion for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court, Filed on September 21, 2009 filed by Frank Kanemitsu. (Attachments: #1 Certificate of Service)(Kawamura, Shirley) Modified on 9/28/2009 to add linkage to #15 (emt, ).
September 24, 2009 Filing 31 MEMORANDUM in Opposition to Plaintiff's Request for Entry of Default and Request for Entry of Default Judgment, filed on September 23, 2009 [Docket 25] filed by Ronald R. Sakamoto. (Lee, Edquon) Modified on 9/25/2009 to add linkage to #25 (emt, ).
September 24, 2009 Filing 30 MEMORANDUM in Opposition re #15 MOTION for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court (Partial Opposition) filed by Ronald R. Sakamoto. (Lee, Edquon)
September 23, 2009 Filing 29 Transmittal Letter from Mark Young re: documents received on September 22, 2009, dated September 20, 2009. (emt, )
September 23, 2009 Filing 28 Plaintiff's REQUEST for Entry of Default (Re: Defendant Colleen K. Hirai) - by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order on Entry of Default, #4 Plaintiff's Request for Entry of Default Judgment, #5 Exhibit A, #6 Exhibit B, #7 Proposed Order on Plaintiff's Request for Entry of Default Judgment, #8 Certificate of Service)(emt, ) Modified on 9/24/2009 to reflect this filing as a "motion for entry of default" (emt, ).
September 23, 2009 Filing 27 Plaintiff's REQUEST for Entry of Default (Re: Defendant Robert Bruce Graham) - by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order on Entry of Default, #4 Plaintiff's Request for Entry of Default Judgment, #5 Exhibit A, #6 Exhibit B, #7 Proposed Order on Plaintiff's Request for Entry of Default Judgment, #8 Certificate of Service)(emt, ) Modified on 9/24/2009 to reflect this filing as a "motion for entry of default"(emt, ).
September 23, 2009 Filing 26 Plaintiff's REQUEST for Entry of Default (Re: Defendant Ashford & Wriston, LLP) - by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order on Entry of Default, #4 Plaintiff's Request for Entry of Default Judgment, #5 Exhibit A, #6 Exhibit B, #7 Proposed Order on Plaintiff's Request for Entry of Default Judgment, #8 Certificate of Service)(emt, ) Modified on 9/24/2009 to reflect this filing as a "motion for entry of default" (emt, ).
September 23, 2009 Filing 25 Plaintiff's REQUEST for Default Judgment (Re: Defendant Ronald R. Sakamoto) - by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order on Entry of Default, #4 Plaintiff's REQUEST for Entry of Default Judgment, #5 Exhibit A, #6 Exhibit B, #7 Proposed Order on Plaintiff's Request for Entry of Default Judgment, #8 Certificate of Service)(emt, ) Modified on 9/24/2009 to reflect this filing as a "motion for entry of default"(emt, ).
September 23, 2009 Filing 24 Plaintiff's RESPONSE to #10 Frank Kanemitsu's MOTION for More Definite Statement - filed by Mark W.S. Young. (Attachments: #1 Exhibit A, #2 Plaintiff's Memorandum in Response to Defendant's Motion for a More Definite Statement, #3 Exhibit A, #4 Proposed Order on Defendant Frank Kanemitsu's Motion for More Definite Statement, #5 Certificate of Service)(emt, )
September 23, 2009 Filing 23 MEMORANDUM in Opposition re #15 MOTION for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court filed by Ashford & Wriston, LLP. (Attachments: #1 Certificate of Service)(Vieira, Michael)
September 23, 2009 Filing 22 NOTICE of Hearing on Motion #21 MOTION for Joinder re #11 MOTION to Dismiss :. Motion Hearing set for 10/27/2009 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 22, 2009 Filing 21 MOTION for Joinder re #11 MOTION to Dismiss Michael R. Vieira appearing for Defendant Ashford & Wriston, LLP (Attachments: #1 Certificate of Service)(Vieira, Michael)
September 22, 2009 Filing 20 NOTICE of Hearing on #14 Defendant Ronald R. Sakamoto's Substantive Joinder in Defendant Frank Kanemitsu's Motion for More Definite Statement. Motion Hearing set for 10/26/2009 at 10:00AM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 22, 2009 Filing 19 NOTICE of Hearing on #10 Defendant Frank Kanemitsu's Motion For More Definite Statement. Motion Hearing set for 10/26/2009 at 10:00AM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 22, 2009 Filing 18 EO: Any opposition to #15 MOTION for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court is due 9/25/2009. Any reply memorandum is due 10/2/2009. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 22, 2009 Filing 17 NOTICE of Hearing on Motion #11 MOTION to Dismiss :. Motion Hearing set for 10/27/2009 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 21, 2009 Opinion or Order Filing 16 ORDER GRANTING DEFENDANT JAMES FRANCIS VRECHEK'S EX PARTE MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD TO COMPLAINT #6 - Signed by Judge BARRY M. KURREN on 9/21/09. (Defendant James Francis Vrechek answer due 10/5/2009.) (emt, )
September 21, 2009 Filing 15 MOTION for CM/ECF Electronic Filing, Telephonic Hearings, and Permission to Bring Notebook Computer Into Court - by Plaintiff Mark W.S. Young (emt, )
September 21, 2009 Filing 14 Joinder re #10 MOTION for More Definite Statement filed by Frank Kanemitsu filed by Ronald R. Sakamoto. (Lee, Edquon) Modified on 9/22/2009 to reflect this filing as a "motion for joinder".(emt, ).
September 21, 2009 Filing 13 CERTIFICATE OF SERVICE by Ashford & Wriston, LLP re #12 Answer to Complaint (Vieira, Michael)
September 21, 2009 Filing 12 DEFENDANT ASHFORD & WRISTON, A LIMITED LIABILITY LAW PARTNERSHIP LLPS ANSWER to #1 Complaint, FILED AUGUST 26, 2009 by Ashford & Wriston, LLP.(Vieira, Michael)
September 21, 2009 Filing 10 MOTION for More Definite Statement Brian Yukio Hiyane appearing for Defendant Frank Kanemitsu (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Brian Y. Hiyane, #3 Exhibit A - Part 1 of 2, #4 Exhibit A - Part 2 of 2, #5 Certificate of Service)(Hiyane, Brian)
September 21, 2009 ADVISORY ENTRY. The entry docket number #9 MOTION for More Definite Statement filed by Frank Kanemitsu was filed incorrectly in this case. Please be advised that the signature affixed to the document does not appear to be the same person whose ECF login was used in this transaction. As the document appears to be signed by Brian Hiyane, Esq., his login, and not Shirley Kawamura's, should have been used. Section 5.1 of the Amended General Order Adopting Electronic Case Filing Procedures states "The use of a login and password assigned to an ECF User in the electronic filing of a document shall constitute the ECF User's signature on the document, for purposes of Rule 11 of the Federal Rules of Civil Procedure, 28 U.S.C. 1746, the local rules of this court, and any other purpose for which a signature is required in connection with matters before the court." (emt, )
September 18, 2009 Filing 11 Defendants the Honorable Colleen K. Hirai and Court-Appointed Master Rober Bruce Graham's MOTION to Dismiss - Robyn B. Chun, Russell A. Suzuki appearing for Defendants Colleen K. Hirai, Robert Bruce Graham (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert Bruce Graham, Jr., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Certificate of Service)(emt, )
September 18, 2009 Filing 9 MOTION for More Definite Statement Shirley M. Kawamura appearing for Defendant Frank Kanemitsu (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Brian Y. Hiyane, #3 Exhibit A - Part 1 of 2, #4 Exhibit A - Part 2 of 2, #5 Certificate of Service)(Kawamura, Shirley) Modified on 9/21/2009 NOTE: The filer has re-submitted this motion; refer to #10 .(emt, ).
September 18, 2009 Filing 8 ANSWER to #1 Complaint, with Jury Demand by Jason Tani. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Nakamura, Lee)
September 17, 2009 Filing 7 CERTIFICATE OF SERVICE by James Francis Vrechek of Ex Parte Motion for Extension of Time to Answer or Otherwise Plead to Complaint (Ruthruff, Jerry) Modified on 9/17/2009 to add linkage to #6 (emt, ).
September 17, 2009 Filing 6 MOTION for Extension of Time to File Answer or Otherwise Plead to Complaint Jerry A. Ruthruff appearing for Defendant James Francis Vrechek (Attachments: #1 Declaration of Jerry A. Ruthruff)(Ruthruff, Jerry)
September 3, 2009 Filing 5 EO: The Rule 16 Scheduling Conference set for 09:00AM on 11/23/2009 will be before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 3, 2009 COURT'S CERTIFICATE of Service - a copy of #4 "ORDER OF RECUSAL" has been served by First Class Mail to Mark W. S. Young at the address of record on September 3, 2009. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
September 2, 2009 Opinion or Order Filing 4 ORDER OF RECUSAL. JUDGE KEVIN S.C. CHANG recused. Case reassigned to Judge BARRY M. KURREN for all further pretrial proceedings. PLEASE REFLECT NEW CASE NUMBER CV 09-00403 SOM-BMK ON ALL FURTHER FILINGS . Signed by JUDGE KEVIN S.C. CHANG on 9/2/09. (emt, )No COS issued for this docket entry
August 26, 2009 Filing 3 Filing fee: $ 350.00, receipt number 248728 (gls, )
August 26, 2009 Opinion or Order Filing 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 11/23/2009 before JUDGE KEVIN S.C. CHANG.. Signed by JUDGE SUSAN OKI MOLLWAY on 8/26/09. (Attachments: #1 Corporate Disclosure Memo)(gls, )No COS issued for this docket entry
August 26, 2009 Filing 1 COMPLAINT against all defendants (Filing fee $ 350.), filed by Mark W.S. Young. (Attachments: #1 Demand for Jury Trial, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Summons)(gls, ) Modified on 9/2/2009 to correct file date from 8/27/09 to 8/26/09(emt, ).

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Search for this case: Young v. Bishop Estate et al
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Plaintiff: Mark W.S. Young
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Defendant: Bishop Estate
Represented By: Jeffrey H.K. Sia
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Defendant: Kamehameha Schools
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Defendant: Robert Bruce Graham
Represented By: Robyn B. Chun
Represented By: Russell A. Suzuki
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Defendant: Ashford & Wriston, LLP
Represented By: Michael Richard Vieira
Represented By: Wayne P. Nasser
Represented By: Zachary John Antalis
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Defendant: James Francis Vrechek
Represented By: Jerry A. Ruthruff
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Defendant: Corbett A.K. Kalama
Represented By: Jeffrey H.K. Sia
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Defendant: Diane J. Plotts
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Defendant: J. Douglas Ing
Represented By: Jeffrey H.K. Sia
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Defendant: Nainoa Thompson
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Defendant: Robert K.U. Kihune
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Defendant: Jason Tani
Represented By: Lee T. Nakamura
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Defendant: Frank Kanemitsu
Represented By: Brian Y. Hiyane
Represented By: Shirley M. Kawamura
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Defendant: Ronald R. Sakamoto
Represented By: Edquon Lee
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Defendant: Colleen K. Hirai
Represented By: Robyn B. Chun
Represented By: Russell A. Suzuki
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Defendant: John Does 1-100
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