Unterberg v. Exxon Mobil Corporation et al
Plaintiff: Kelan Unterberg
Defendant: Exxon Mobil Corporation, Mobil Shipping and Transportation Company and Does 1 to 25
Estate Plaintiff: Estate of Jurgen Unterberg
Case Number: 1:2014cv00181
Filed: April 16, 2014
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: RICHARD L PUGLISI
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332 Diversity-Asbestos Litigation
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 21, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2014 Filing 35 Circuit Court of the First Circuit, State of Hawaii's Acknowledgment of Receipt of documentation re: Remand. #34 , #22 . (afc)
July 11, 2014 Filing 34 Clerk's TRANSMITTAL COVER LETTER addressed to the Court Administrator, Circuit Court of the First Circuit, State of Hawaii re: #22 Findings & Recommendation; #33 Order on Findings & Recommendation. (afc)
July 10, 2014 Opinion or Order Filing 33 ORDER OVERRULING OBJECTIONS, AND ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION TO REMAND re: #22 #27 #28 . Signed by JUDGE J. MICHAEL SEABRIGHT on 7/10/2014. (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). All participants are registered to receive electronic notifications.
June 30, 2014 Filing 31 RESPONSE re #27 Objection, #28 Joinder, filed by Estate of Jurgen Unterberg, Kelan Unterberg. (Attachments: #1 Certificate of Service)(Segawa, Alyssa)
June 17, 2014 Filing 28 Joinder re #27 Objection, filed by Mobil Shipping and Transportation Company, #22 FINDINGS AND RECOMMENDATIONS re #12 MOTION to Remand filed by Kelan Unterberg, Estate of Jurgen Unterberg filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)(Meyer, John-Anderson)
June 17, 2014 Filing 27 OBJECTION re #22 FINDINGS AND RECOMMENDATIONS re #12 MOTION to Remand filed by Kelan Unterberg, Estate of Jurgen Unterberg filed by Mobil Shipping and Transportation Company. (Attachments: #1 Certificate of Service)(Kinoshita, Cheryl)
June 13, 2014 Filing 26 NOTICE by Estate of Jurgen Unterberg, Kelan Unterberg NOTICE OF WITHDRAWAL OF ATTORNEY Estate of Jurgen Unterberg, Kelan Unterberg. (Attachments: #1 Certificate of Service)(DeRobertis, L.)
June 12, 2014 Filing 25 SUPPLEMENT re #5 Corporate Disclosure Statement, filed by Mobil Shipping and Transportation Company by Mobil Shipping and Transportation Company . (Attachments: #1 Certificate of Service)(Kinoshita, Cheryl)
June 5, 2014 Filing 23 EO: Pursuant to counsel's request and agreement, the Rule 16 Scheduling Conference is CONTINUED from 6/26/2014 to 9/03/2014 at 09:30AM on 9/3/2014 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)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 4, 2014 Filing 22 FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION TO REMAND re: #12 . Signed by JUDGE RICHARD L. PUGLISI on 6/4/2014. (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 were served by first class mail on the date of this docket entry
May 28, 2014 Filing 32 TRANSMITTAL of DOCUMENTS (Continuation to docket entry nos. 21, 24, 29, and 30): (Attachments: #1 Amended Return of Service and Acknowledgment of Service - Mobil Shipping and Transportation Company, #2 Deft ExxonMobil Oil Corporation's Notice of Taking Deposition - Andrew Ott, #3 Ex Parte Motion to Shorten Time for Hearing on Motion to Continue Trial, etc., #4 Deft ExxonMobil Oil Corp's Motion to Continue Trial Date and Pretrial Deadlines, #5 Third Amended Notice of Taking Deposition - Bruce Larson, #6 Second Amended Notice of Taking Deposition - Bob Jiaconia, #7 Pltf's Memo in Opposition to Motion to Continue Trial Date and Pretrial Deadlines, #8 Deft Mobil Shipping and Transportation Company's Notice of Filing of Notice of Removal, #9 Request to Access Court Record, #10 Stipulation for Dismissal with Prejudice of all of Plaintiff's Claims against defendant Imo Industries, Inc. and Notice of Proposed Action by Court, and Order, #11 Order Granting Plaintiff's Motion for Linda A. Monica to appear Pro Hac Vice on behalf of plaintiffs in deposition proceedings, #12 Certificate of Service) (afc).
May 28, 2014 Filing 30 TRANSMITTAL of DOCUMENTS (Continuation to docket entry nos. 21, 24, 29): April 2, 2014 ORDER Denying Deft Exxonmobil Oil Corporation's Motion to Dismiss, filed 2/28/14 AND: (Attachments: #1 Deft's AMENDED Notice of Taking Deposition - David Cole, #2 Certificate of Service, #3 Return & Acknowledgment of Service of 2nd Amended Complaint - MOBIL SHIPPING AND TRANSPORTATION COMPANY), #4 Deft Exxonmobile's Second Amended Responsive Pretrial Statement; COS, #5 Stipulation & Order regarding Motions in Limine, #6 Deft ExxonMobil Oil's Reply to Pltf's Memo in Opposition to Pltf's Motion to Compel Discovery, etc., #7 Errata to Memo in Opposition to Pltf's Motion to Compel Discovery, etc., #8 Order Granting Plaitniff's Amended Motion for Leave to File Second Amended Complaint, #9 Second Amended Notice of Taking Deposition - ExxonMobil Oil Corporation, #10 Plaintiff's Memorandum in Reply to ExxonMobil Oil Corporation's Opposition to Motion to Compel Discovery from defendant ExxonMobil Oil Corporation) (afc)
May 28, 2014 Filing 29 TRANSMITTAL of DOCUMENTS (Continuation to docket entry nos. #21 , #24 ) Transmittal of Documents by by Circuit Court of the First Circuit, State of Hawaii: (Attachment(s: #1 Deft Exxonmobil Corp's First Amended Responsive Pretrial Statement; COS, #2 Deft ExxonMobil Oil Corporation's Memorandum in Opposition to Motion to Dismiss; COS, #3 Certificate of Service, #4 Notice of Taking Deposition - BOB JIACONIA, #5 Notice of Taking Deposition - BRUCE LARSEN, #6 Pltf's PHV motion of Linda A. Monica, #7 Notice of Taking Deposition - ALLAN H. SMITH, M.D., Ph.D., #8 Pltfs' Submission of Original Declaration of Linda A. Monica in Support of PHV Motion, #9 Deft Notice of Taking Deposition - DAVID COLE, #10 Certificate of Service, #11 AMENDED Notice of Taking Deposition - BOB JIACONIA, #12 AMENDED Notice of Taking Deposition - BRUCE LARSON, #13 Additional Claims Information Sheet, #14 SECOND AMENDED COMPLAINT; Summons, #15 Ex Parte Motion & Order [granting] Motion to Shorten Time for hearing on Motion to Compel Discovery, #16 MOTION to Compel Discovery from defendant Exxonmobil Oil Corporation; Memo in Support; Declaration of Counsel; Exhibits A-N; Notice of Hearing; COS) (afc)
May 28, 2014 Filing 24 TRANSMITTAL of DOCUMENTS by Circuit Court of the First Circuit, State of Hawaii (continuation to docket entry no. #21 ): Document no. 57 filed 3/13/2014 in State Circuit Court: Plaintiffs' Memorandum in Opposition to Defendant ExxonMobil Oil Corporation's Motion to Dismiss; Declaration of Counsel; Exhibits 1-24; COS. (Attachments: #1 Part 1 of 2: Pltf's Memo in Opp to Motion to Dismiss, #2 Part 2 of 2: Pltf's Memo in Opp to Motion to Dismiss) (afc)
May 28, 2014 Filing 21 TRANSMITTAL of DOCUMENTS by Circuit Court of the First Circuit, State of Hawaii. Transmission of those documents filed in the State Court Civil case 12-1-3309-12 RAN. Certified copies of the record received to include: (Attachments: #1 Computerized Index, #2 Civil Information Sheet) [Documents are voluminous and will be retained on file] (afc) (Additional attachment(s) added on 6/3, 6/4 and 6/5/2014. Document attachments are those entries dated from December 28, 2012 - March 11, 2014 and enumerated on the State Circuit Court Computerized Index as Page 1 - 56.) #3 Complaint, Summons, #4 Request to Exempt Case from Court Annexed Arbitration Program, #5 Arbitration Administrator's Decision, #6 Return and Acknowledgment of Service (Exxon Mobil Corporation), #7 Declaration of Service; Exhibit A, #8 Additional Claims Information Sheet, #9 First Amended Complaint; Summons, #10 Notice of Appearance - ExxonMobil Oil Corporation, #11 Notice of Appearance - IMO Industries Inc., #12 Certificate of Service, #13 ExxonMobil Oil Corporation's MOTION to Opt out of the October 2013 Trial Group, etc., #14 Asbestos Plaintiff's Summary Sheet; COS, #15 IMO Industries Inc.'s Statement of No Position to Motion to Opt Out, #16 ORDER granting ExxonMobil Oil Corp's Motion to Opt Out, #17 Certificate of Service, #18 Certificate of Service, #19 Certificate of Service, #20 Certificate of Service, #21 Certificate of Service, #22 Certificate of Service, #23 Certificate of Service, #24 Pltf's First Request for POD to IMO Industries, Inc., #25 Pltf's Pretrial Statement; COS, #27 Pltf's AMENDED Pretrial Statement; COS, #28 Certificate of Service, #29 Certificate of Service, #30 Certificate of Service) #31 Deft ExxonMobil Oil Corporation's Responsive Pretrial Statement; COS, #32 Certificate of Service, #33 Deft ExxonMobile Oil Corporation's PRO HAC VICE Motion - WILLIAM H. ARMSTRONG, #34 Certificate of Service, #35 Certificate of Service, #36 Deft ExxonMobil Oil Corporation's Notice of Taking Deposition - KELAN UNTERBERG, #37 Pltf's Second Amendment to Pretrial Statement, #38 (RECEIVED) Ex Parte Motion for Issuance of Commission to take Out-of-State Deposition, etc., #39 Certificate of Service, #40 Order granting PHV admission - William H. Armstrong, #41 Ex Parte Motion & Order granting Issuance of Commission to take Out-of-State Deposition, #42 Subpoena Duces Tecum (Hoa Van Nguyen, M.D.), #43 Subpoena Duces Tecum (Ronald T. Kobayashi & Associates), #44 Subpoena Duces Tecum (Cancer Center Guam), #45 Subpoena Duces Tecum (Guam Radiology Consultants), #46 Subpoena Duces Tecum (Health Services of the Pacific), #47 Subpoena Duces Tecum (MSA Logistics Warehouse), #48 Subpoena Duces Tecum (Guam Memorial Hospital), #49 Notice of Taking Deposition upon Written Questions, #50 Deft ExxonMobil Oil Corp PROOF OF PAYMENT of Annual Disciplinary Board Fee and Admin Fee for PHV William H. Armstrong, #51 Certificate of Service, #52 Certificate of Service, #53 Deft ExxonMobile Oil Corp MOTION TO DISMISS etc., #54 Certificate of Service, #55 Pltf's Motion for Leave to File SECOND AMENDED COMPLAINT, etc., #56 Pltf's AMENDED Motion for Leave to File Second Amended Complaint, etc., #57 Pltf's Notice of Withdrawal of Motion for Leave to File Second Amended Complaint; COS, #58 Amended Notice of Hearing) (afc)
May 23, 2014 Filing 20 REPLY re #18 Memorandum in Opposition to Motion, #19 Joinder, for Remand filed by Estate of Jurgen Unterberg, Kelan Unterberg. (Attachments: #1 Declaration of Counsel, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O, #11 Exhibit P, #12 Affidavit of Kelan Unterberg, #13 Exhibit A, #14 Exhibit B, #15 Affidavit of Suzanne Zeng, #16 Certificate of Complaince, #17 Certificate of Service)(Segawa, Alyssa)
May 12, 2014 Filing 19 Joinder re #18 Memorandum in Opposition to Motion, filed by Mobil Shipping and Transportation Company [JOINDER TO DEFENDANT MOBIL SHIPPING AND TRANSPORTATION COMPANY'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO REMAND, FILED APRIL 25, 2014] filed by Exxon Mobil Corporation. (Attachments: #1 Certificate of Service)(Meyer, John-Anderson)
May 9, 2014 Filing 18 Defendant Mobil Shipping and Transportation Company's OPPOSITION to Plaintiff's #12 MOTION to Remand - filed by Mobil Shipping and Transportation Company. (Attachments: #1 Declaration of Jeffrey S. Portnoy, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Susan L. Diaz, #6 Certificate of Service)(emt, )
May 2, 2014 Filing 17 Declaration re #10 MOTION to Dismiss for Lack of Jurisdiction (Submission of the Original Declaration of Fiona Harness). (Attachments: #1 Declaration of Fiona Harness, #2 Certificate of Service)(Kinoshita, Cheryl)
May 1, 2014 Filing 16 EO: The Rule 16 Scheduling Conference is CONTINUED from 5/19/2014 to 6/26/2014 at 9:30 AM before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)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 28, 2014 Filing 15 EO: Based on 14 , the Court DENIES #13 Plaintiff's Ex Parte Motion to Shorten Time to hear #12 Motion to Remand. Pursuant to Local Rule 7.2(d), the Court elects to decide #12 Motion to Remand without a hearing. Briefing shall be in accordance with Local Rule 7.4. (JUDGE RICHARD L. PUGLISI)(agh)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 28, 2014 Filing 14 EO: The court will address the Motions to Dismiss, Doc. Nos. #8 , #10 , if necessary, after Plaintiff's Motion to Remand, Doc. No. #12 . As a result, the court VACATES the June 2, 2014 hearing date. (JUDGE J. MICHAEL SEABRIGHT)(apg, )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 25, 2014 Filing 13 Ex Parte MOTION to Shorten Time to hear Motion re #12 MOTION to Remand Alyssa R Segawa appearing for Estate Plaintiff Estate of Jurgen Unterberg, Plaintiff Kelan Unterberg (Attachments: #1 Memorandum, #2 Declaration, #3 Certificate of Service)(Segawa, Alyssa)
April 25, 2014 Filing 12 MOTION to Remand Alyssa R Segawa appearing for Estate Plaintiff Estate of Jurgen Unterberg, Plaintiff Kelan Unterberg (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Certificate of Service)(Segawa, Alyssa)
April 25, 2014 Filing 11 NOTICE of Hearing on Motion #10 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 6/2/2014 10:00 AM before JUDGE J. MICHAEL SEABRIGHT. (apg, )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 24, 2014 ADVISORY ENTRY: Third-party signature of Fiona Harness as reflected in docket entry number #10 MOTION to Dismiss for Lack of Jurisdiction filed by Mobil Shipping and Transportation Company. Local Rule 100.5.2 "Third Party Signatures" states in part: "An electronically filed document requiring the original, wet signature of an individual other than the ECF User, must contain the original or a scanned image of that individual's signature." Upon receipt of the original endorsement of Ms. Harness, the declaration--with a captioned cover page (see Local Rule 10.2(b))--may be e-filed using filing event "Original Signature" located under Civil Event "Other Filings" and sub-event "Other Documents." The event will allow the filer to "link" the declaration to docket entry no. #10 . (afc)
April 23, 2014 Filing 10 MOTION to Dismiss for Lack of Jurisdiction Cheryl Akemi Kinoshita appearing for Defendant Mobil Shipping and Transportation Company (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Fiona Harness, #3 Certificate of Service)(Kinoshita, Cheryl)
April 23, 2014 Filing 9 NOTICE of Hearing on Motion #8 MOTION to Dismiss for Lack of Jurisdiction :Motion Hearing set for 6/2/2014 10:00 AM before JUDGE J. MICHAEL SEABRIGHT. (apg, )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, 2014 Filing 8 MOTION to Dismiss for Lack of Jurisdiction John-Anderson L. Meyer appearing for Defendant Exxon Mobil Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John-Anderson L. Meyer, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Certificate of Service)(Meyer, John-Anderson)
April 21, 2014 Filing 7 Corporate Disclosure Statement by Exxon Mobil Corporation identifying Corporate Parent Mobil Corporation for Exxon Mobil Corporation.. (Attachments: #1 Certificate of Service)(Sakamoto, Wayne)
April 18, 2014 Filing 6 EO: Rule 16 Scheduling Conference set for for 09:30AM on 5/19/2014 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)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 17, 2014 Filing 5 Corporate Disclosure Statement by Mobil Shipping and Transportation Company identifying Corporate Parent ExxonMobil Shipping Company Inc. for Mobil Shipping and Transportation Company.. (Attachments: #1 Certificate of Service)(Kinoshita, Cheryl)
April 17, 2014 Filing 4 CONSENT of ExxonMobil Corporation and Exxon Mobil Corporation to defendant Mobil Shipping and Transportation Company's NOTICE OF REMOVAL #1 ; Certificate of Service. (afc)
April 16, 2014 Filing 3 Filing fee: $ 400.00, receipt number HI011529 re #1 Notice of Removal. (afc)
April 16, 2014 Opinion or Order Filing 2 Order Setting Rule 16 Scheduling Conference ~ TO BE SET before U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/16/2014. (Attachments: #1 Corporate Disclosure Memo) [Clerk's notation: Case number on the Order Setting Rule 16 Scheduling Conference is incorrectly reflected as CV 04-00181JMS-RLP rather than CV 14-00181JMS-RLP] (afc)
April 16, 2014 Filing 1 NOTICE OF REMOVAL by defendant Mobil Shipping and Transportation Company. Removal from Circuit Court of the First Circuit, State of Hawaii, Civil case number 12-1-3309-12 (RAN). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service) (afc)

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Search for this case: Unterberg v. Exxon Mobil Corporation et al
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Plaintiff: Kelan Unterberg
Represented By: Diane T. Ono
Represented By: Gary O. Galiher
Represented By: Ilana Kananipiliokala Waxman
Represented By: John H. Price
Represented By: L. Richard DeRobertis
Represented By: Alyssa R Segawa
Represented By: Amanda J. Weston
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Defendant: Exxon Mobil Corporation
Represented By: John-Anderson L. Meyer
Represented By: Paul Alston
Represented By: Wayne S. Sakamoto
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Defendant: Mobil Shipping and Transportation Company
Represented By: Cheryl A. Kinoshita
Represented By: Jeffrey S. Portnoy
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Defendant: Does 1 to 25
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Estate plaintiff: Estate of Jurgen Unterberg
Represented By: Diane T. Ono
Represented By: Gary O. Galiher
Represented By: Ilana Kananipiliokala Waxman
Represented By: John H. Price
Represented By: L. Richard DeRobertis
Represented By: Alyssa R Segawa
Represented By: Amanda J. Weston
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