Horowitz et al v. Lindenbach; et al.
| Leonard G. Horowitz and Sherri Kane |
| Sheryle Sultan, Alma C. Ott, Peter J Boundreau, Don Wolf, Softlayer Technologies, Inc., Jacqueline G. Lindenbach, Rhonda Goade, Healthy World Celebrations, LLC, Roxanne Hampton, Sativa Jones, A. True Ott, Joan Ott, Mother Earth Minerals, Inc., Alex McGown Studer, Timothy Patrick White, Ken Adachi, Craig Oxley, Eric Jon Phelps, Microaide Inc., Don Nicoloff, Greg Szymanski, David Icke, Bill Deagle, Alex Jones, Anthony J. Hilder, Mesissa Ellen Penn, Frank Dearborn, Universal Health Research & Education, Todd Ellison, Maketheweb.com, 1&1 Inc., Dana M. Herberholz, Zarian, Midgley & Johnson, PLLC, Ian Clark, Activation Products, Inc., John A. Finney, Finney Finney & Finney, PA and John Does 1-100 |
| 1:2012cv00205 |
| April 19, 2012 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| HELEN GILLMOR |
| BARRY M KURREN |
| Other Fraud |
| 28 U.S.C. § 1441 Petition for Removal Libel,Assault,Slander |
| None |
Docket Report
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| Document Text |
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| Filing 35 TRANSMITTAL of DOCUMENTS -- RRR by First Circuit, State of Hawaii (06/14/2012) (eps) |
| COURT'S CERTIFICATE of Service - a copy of #34 Letter of Transmittal has been served by First Class Mail to Plaintiffs Pro Se at the addresses of record on 6/12/2012. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) |
| Filing 34 LETTER OF TRANSMITTAL to the Circuit Court of the First Circuit re REMAND, pursuant to #32 Minute Order (ecs, ) |
| Filing 33 EO: In light of the Minute Order in Document #32 , which remands this case to state court, the Rule 16 Scheduling Conference set for 7/27/2012 is VACATED. (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 |
| Filing 32 EO: MINUTE ORDER - On 5/14/2012, the Plaintiffs moved to strike Count 19 of the Complaint, for mail fraud in violation of 18 U.S.C. 1341, and remand the action to Hawaii state court. (Doc. #19 ). The remaining 39 Counts/causes of action in the Complaint are all based on state law. On 5/17/2012, the Court issued a Minute Order granting the Defendants until 5/31/2012 to file any objections to this action being remanded to Hawaii state court. On 5/31/2012, Defendant Softlayer Technologies, Inc. (Defendant) filed a Response to the Courts 5/17/2012 Minute Order and Request that the Court Retain Jurisdiction. (Doc. #24 ). The Defendant requests that the Court exercise supplemental jurisdiction over the 39 remaining state-law based claims in the Complaint pursuant to 28 U.S.C. 1367(c)(3). Defendant Softlayer Technologies, Inc. argues that supplemental jurisdiction is appropriate because it has filed a Motion to Dismiss. I.The Court Declines to Exercise Supplemental Jurisdiction Federal courts have discretion to exercise supplemental jurisdiction over state-law claims even though the court has dismissed all claims over which it has original jurisdiction. 28 U.S.C. 1367(c)(3). When deciding whether to exercise supplemental jurisdiction, courts consider judicial economy, convenience and fairness to litigants, and comity with state courts. United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966). If these factors are not present a federal court should hesitate to exercise jurisdiction over state claims.... Id.When all federal claims are dismissed before trial, federal courts normally decline to exercise supplemental jurisdiction over the remaining claims:[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrinejudicial economy, convenience, fairness, and comitywill point toward declining to exercise jurisdiction over the remaining state-law claims. Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7 (1988).Here, these factors weigh heavily in favor of remanding the action to state court. First, the Complaint is comprised of numerous state-law causes of action. With Count 19 dismissed, it does not present a single federal question. The principle of comity requires that federal courts respect the jurisdiction of state courts to rule upon state-law based claims. Id. ([T]hese factors usually will favor a decision to relinquish jurisdiction when state issues substantially predominate, whether in terms of proof, the scope of the issues raised, or of the comprehensiveness of the remedy sought.) (internal citation and quotation marks omitted); Gibbs, 383 U.S. at 726 (Needless decisions of state law should be avoided both as a matter of comity and to promote justice between the parties, by procuring for them a surer-footed reading of applicable law.).Second, it is still very early in the case and judicial economy will not be served by retaining jurisdiction. The Court has made no rulings, a scheduling order has not been issued, and no trial date has been set. As the action was only recently removed to federal court and the Court has taken no substantive action on it, judicial economy will not be served by retaining jurisdiction. Finally, it would be fair to remand the action to state court. Although some Defendants have filed motions to dismiss, there is no reason why these motions cannot be addressed by the state court. The Defendants will suffer no additional burden in litigating these motions in state court. Many of the Defendants have not yet appeared, and several have not yet been served. Defendant Softlayer Technologies, Inc. argues that the Plaintiffs should not be permitted to opportunistically dismiss their federal claim in order to return to state court. This concern does not warrant retaining jurisdiction. A plaintiff has the right to voluntarily abandon a claim even though his decision may affect the jurisdiction of a federal court; after all, the claim he abandonsonce dismissed with prejudiceis the price he pays. Pitts v. Terrible Herbst, Inc. 653 F.3d 1081, 1094 (9th Cir. 2011). The concern that a plaintiff whose suit has been removed to federal court will be able to regain a state forum simply by deleting all federal-law claims from the complaint and requesting that the district court remand the case... hardly justifies a categorical prohibition on the remand of cases involving state-law claims. Cohill, 484 U.S. at 357. The Plaintiffs filed a Complaint that is almost entirely comprised of state-law causes of action, and they intended to litigate their claims in state court. In construing their pleadings, the Court must consider the Plaintiffs pro se status. The inclusion of a single federal claim does not appear to be based on gamesmanship by the Plaintiffs, but merely due to their being pro se and less acquainted with jurisdictional law. The Plaintiffs Motion to Dismiss Count 19, for mail fraud in violation of 18 U.S.C. 1341, and remand the action to state court, (Doc. 19) is GRANTED. The Plaintiffs federal mail fraud claim under 18 U.S.C. 1341 is DISMISSED WITH PREJUDICE.The case and all files herein are REMANDED to Hawaii state court. (JUDGE HELEN GILLMOR)(lls, )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 (Additional attachment(s) added on 6/7/2012: #1 Main Document) (lls, ). Modified on 6/8/2012 (ecs, ). Text/links added on 6/12/2012 (ecs, ). |
| Filing 31 EO: In light of the pending issue of whether this matter will be remanded to state court #21 , the Court DENIES Plaintiffs' #28 Motion for Service by Publication without prejudice to refiling after a decision on whether to remand the case has been made. (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 |
| Filing 29 APPLICATION for Entry of Default; VERIFICATION OF PLAINTIFFS pro se, LEONARD G. HOROWITZ & SHERRI KANE; Certificate of Service #1 - (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y) [Note: Exhibits are not tabbed] (ecs, ) |
| Filing 28 MOTION for Service by Publication for Defendants; Maketheweb.com; Todd Ellison; Ian Clark; Activation Products; Craig Oxley; Greg Szymanski; Timothy Patrick White; Peter Boudreau aka Ken Adachi, Alex McGowin Studerby Plaintiffs Leonard G. Horowitz, Sherri Kane (Attachments: #1 Exhibit A)(ecs, ) |
| Filing 24 RESPONSE to the Court's May 17, 2012 Minute Order [Doc 21] and Request That the Court Retain Jurisdiction Over This Matter Pursuant to USC 1Section 367(C)(3); Certificate of Service filed by Softlayer Technologies, Inc.. (Whattoff, Randall) |
| Filing 27 Plaintiffs REPLY to Jacqueline G. Lindenbach; Healthy World Celebrations, LLC; John A. Finney; Finney & Finney, P.A.'s #11 MOTION to Dismiss or Alternatively, for Summary Judgment - filed by Leonard G. Horowitz, Sherri Kane. (Attachments: #1 Memorandum in Support of Plaintiffs' Reply to Jacqueline G. Lindenbach; Healthy World Celebrations, LLC; John A. Finney; Finney & Finney, P.A.'s MOTION to Dismiss or Alternatively, for Summary Judgment, #2 List of Exhibits, #3 Verification of Leonard G. Horowitz & Sherri Kane, #4 Certificate of Service, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8)(ecs, ) |
| Filing 26 Plaintiffs REPLY to Dana M. Herberholz and Zarian, Midoley & Johnson, PLLCs #9 Motion to Dismiss, or Alternatively for Summary Judgment; Memorandum in Support of Plaintiffs Reply to Dana M. Herberholzs Motion to Dismiss; Exhibits 1-11; Motion to Ammend (sic) Include Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiffs' Reply to Dana M. Herberholz and Zarian, Midgley & Johnson, PLLCs Motion to Dismiss, or Alternatively for Summary Judgment; Verification of Leonard G. Horowitz & Sherri Kane; Certificate of Service - [Document consists of only the first page (caption) and Certificate of Service] filed by Leonard G. Horowitz, Sherri Kane. (ecs, ) |
| Filing 23 MOTION to Ammend (sic) Complaint #1 to include Additional Clarifications and Civil Causes of Action as Detailed in Plaintiffs' Reply to Jacqueline G. Lindenbach; Healthy World Celebrations, LLC; John A. Finney; Finney, Finney & Finney, P.A. 's Motion to Dismiss, or Alternatively, for Summary Judgment; [and] Memorandum in Support of Plaintiffs' Reply to Jacqueline G. Lindebach; Healthy World Celebrations, LLC; John A. Finney; Finney, Finney & Finney, P.A. 's Motion to Dismiss, or Alternatively, for Summary Judgment; [and] Exhibits 1-8, as per HRCP Rule 7(A)and (B)- by Plaintiffs Leonard G. Horowitz, Sherri Kane (ecs, ) |
| Filing 25 Plaintiff's REPLY/OBJECTION to Defendant Alex Jones' #13 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Leonard G. Horowitz, Sherri Kane. [Note: Document does NOT include a "MOTION to Ammend (sic)Complaint to Include Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiffs' Reply/Objection to Defendant Alex Jones' Motion to Dismiss for Lack of Personal Jurisdiction", although it is described in the document caption.] (Attachments: #1 Memorandum in Support of Plaintiffs Reply/Objection to Deft Alex Jones' Motion to Dismiss, #2 List of Exhibits, #3 Verification of Plaintiffs pro se, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19)(ecs, ) (Additional attachment(s) added on 6/1/2012: #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Certificate of Service) (ecs, ). |
| Filing 22 MOTION to Ammend (sic)Complaint to Include Pleadings, Exhibits, and Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiffs' Reply/Objection to Defendant Alex Jones' Motion to Dismiss for Lack of Personal Jurisdiction; and Memorandum in Support of Plaintiffs' Reply/Objection to Defendant Alex Jones' Motion to Dismiss for Lack of Personal Jurisdiction (including Exhibits 1-30) #1 by Plaintiffs Leonard G. Horowitz, Sherri Kane [Note: No signatures affixed] (cc: HG) (ecs, ) |
| Filing 21 EO: On 5/14/2012, the Plaintiffs filed a document entitled: PLAINTIFFS OBJECTION TO SOFTLAYER TECHNOLOGIES, INCS NOTICE OF REMOVAL; PLAINTIFFS REPLY TO DEFENDANT SOFTLAYER TECHNOLOGIES, INCS MOTION TO DISMISS. (Doc. 19).In that filing, the Plaintiffs move to strike Count 19 of the Complaint, for mail fraud in violation of 18 U.S.C 1341, and remand the action to Hawaii state court. Count 19 appears to be the only basis for federal subject matter jurisdiction.When all federal law claims are eliminated before trial in an action based on federal question jurisdiction, federal courts should generally decline to exercise jurisdiction over the remaining state-law claims. Carnegie-Mellon, 484 U.S. 343, 350 n. 7 (1988). Defendants shall have until 5/31/2012 to file any objections to this action being remanded to Hawaii state court.In view of the likelihood that this matter will be remanded, the briefing deadlines and hearing dates for the following motions are vacated:Defendant Softlayer Technologies, Incs MOTION TO DISMISS. (Doc. 5). Defendants Dana Herberholz and Zarian, Midgley & Johnson, PLLCs MOTION TO DISMISS, OR ALTERNATIVELY FOR SUMMARY JUDGMENT. (Doc. 9). Defendants Jacqueline G. Lindenbach, Healthy World Celebrations, LLC, John A. Finney, and Finney, Finney & Finney, P.A.s MOTION TO DISMISS, OR ALTERNATIVELY FOR SUMMARY JUDGMENT. (Doc. 11). Defendant Alex Jones MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION. (Doc. 13). Should the matter not be remanded, the Court will provide new briefing deadlines and hearing dates. (JUDGE HELEN GILLMOR)(lls, )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 |
| Filing 18 NOTICE of Hearing on Motion #13 Defendant Alex Jones MOTION to Dismiss for Lack of Personal Jurisdiction set for 6/12/2012 at 11:00 AM before JUDGE HELEN GILLMOR. (lls, )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. |
| Filing 16 NOTICE of Hearing on Motions #9 Defendants Dana M. Hereberholz and Zarian, Midgley & Johnson, PLLC's MOTION to Dismiss, or Alternatively for Summary Judgment and #11 Defendants Jacqueline G. Lindenbach, Health World Celebrations, LLC, John A. Finney and Finney, Finney & Finney, P. A. MOTION to Dismiss or Alternatively, for Summary Judgment set for 6/14/2012 at 09:30 AM before JUDGE HELEN GILLMOR. (lls, )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. |
| Filing 17 EO: On 4/30/2012, Defendant Alex Jones filed a MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION in Hawaii State Court. The Motion was entered on the federal court docket on 5/4/2012. (Doc. 13). The Plaintiffs shall have until 5/22/2012 to file a separate Opposition addressing the particular issues raised in the Motion.The Defendant shall have until 6/5/2012 to file a Reply. A hearing on the Motion shall be held on Tuesday, 6/12/2012, at 11:00 am. (JUDGE HELEN GILLMOR)(lls, )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 Link creatd #13 on 5/17/2012 (ecs, ). |
| Filing 15 EO: On 3/13/2012, Plaintiffs Leonard G. Horowitz and Sherri Kane filed a Complaint in Hawaii state court. (Exhibit A, attached to Notice of Removal (Doc. 1-1)). On 4/19/2012, Defendant Softlayer Technologies, Inc. removed the action to federal Court. (Doc. 1). On 4/27/2012, Defendants Dana M. Herberholz and Zarian, Midgley & Johnson, PLLC filed a MOTION TO DISMISS, OR ALTERNATIVELY FOR SUMMARY JUDGMENT in Hawaii state court. The Motion was entered on the federal Court docket on 5/4/2012. (Doc. 9). On 4/27/2012, Defendants Jacqueline G. Lindenbach, Healthy World Celebrations, LLC, John A. Finney, and Finney, Finney & Finney, P.A. filed a MOTION TO DISMISS, OR ALTERNATIVELY, FOR SUMMARY JUDGMENT in Hawaii state court. The Motion was entered on the federal Court docket on May 4, 2012. (Doc. 11). The Plaintiffs shall have until 5/24/2012 to file Oppositions to the Motions. Each Opposition shall address the issues of the particular Motion and be filed separately. The Defendants shall have until 6/7/2012 to file Replies. A hearing on the Motions shall be held on Thursday, 6/14/2012, at 9:30 am. (JUDGE HELEN GILLMOR)(lls, )Links created #1 , #9 , #11 on 5/17/2012 (ecs, ). .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 |
| Filing 14 Submission of ORIGINAL Declaration of Defendant Alex Jones in Support of his Motion to Dismiss for Lack of Personal Jurisdiction filed on April 30, 2012; Certificate of Service. [Note: the signature does not appear to be an Original Signature, but is declaration is penned with "Signed in Austin, Texas, 4/20/12 ][5/16/2012 - Counsel for defendant Alex Jones called and confirmed that it is the Original Signature of Alex Jones. Filing will stand. ] (ecs, ) Modified on 5/16/2012 (ecs, ). |
| Filing 20 MOTION TO AMMEND (sic) COMPLAINT to Include Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiffs' Reply to Dana M. Herberholz and Zarian, Midoley & Johnson, PLLC's Motion to Dismiss, or Alternatively for Summary Judgment, as Per HRCP Rule 7(A) and (B) #1 by Plaintiffs Leonard G. Horowitz, Sherri Kane. (Note: MOTION (attachment 3) is included within document caption which is titled PLAINTIFF'S REPLY TO #9 DANA M. HERBERHOLZ AND ZARIAN, MIDOLEY & JOHNSON, PLLC'S MOTION TO DISMISS, OR ALTERNATIVELY FOR SUMMARY JUDGMENT (main document) (Attachments: #1 Memorandum in support of Plaintiff's Reply to Dana M. Herberholz's Motion to Dismiss (No Exhibits A-D as described in case caption), #2 List of Exhibits, Exhibits 1-11, #3 MOTION to Ammend (sic) Complaint to Include Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiffs' Reply to Dana M. Herberholz and Zarian, Midoley & Johnson, PLLC's Motion to Dismiss, or Alternatively for Summary Judgment, as Per HRCP Rule 7(A) and (B) , #4 Certificate of Service (not completed), #5 Verification of Plaintiffs pro se). [NOTE: Reply, Memo in Support, Motion to Ammend(sic)do not appear to be Original signatures] (ecs, ) |
| Filing 19 Plaintiffs' OBJECTION to Softlayer Technologies, Inc's #1 Notice of Removal; #5 filed by Leonard G. Horowitz, Sherri Kane. (Note: Plaintiffs' Objection not signed by pro se; Exhibits 1-7 are not tabbed) (Attachments: #1 Plaintiffs Reply to Deft Softlayer Technologies, Inc's Motion to Dismiss, #2 Memorandum in Support of Plaintiffs' reply to, #3 List of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 12 (Note: described as Exh 7 in document caption, but labeled as Exhibit 12: also includes a MOTION to Ammend (sic) Complaint to include Clarifications of Civil and Criminal Causes of Action as Detailed in Plaintiff's Reply to Dana M. Herberholz and Zarian, Midoley & Johnson, PLLC's Motion to Dismiss, or Alternatively for Summary Judgment, as per HRCP rule 7(A) and (B) (Note re Motion: signed, court caption on document: In the Circuit court of the First Circuit), #11 Certificate of Service, #12 Verification of Plaintiffs pro se, #13 Motion to Ammend (sic) Complaint to Include Clarifications of Civil and Criminal Causes of Action as detailed in Reply to Motion to Dismiss and in Memo in Support - (Note: not signed, with USDC caption and not described in document caption) ) (ecs, ) |
| Filing 13 Defendant Alex Jones' MOTION to Dismiss for Lack of Personal Jurisdiction - Mark J. Bennett, Brandi J. Buehn appearing for Defendant Alex Jones (Attachments: #1 Memorandum in support of Motion (one page), #2 Deft Alex Jones' Motion to Dismss for Lack of Personal Jurisdiction (appears to be duplicate), #3 Memorandum in Support of Motion, Table of Contents/Authorities, #4 Declaration of Mark J. Bennett, #5 Exhibit A, #6 Notice of Hearing of Motion, #7 Certificate of Service) (Filed in Circuit Court of the First Circuit CV 12-1-0670-03 [PWB])(ecs, ) |
| Filing 12 Original DECLARATION of Jacqueline G. Lindenbach to Supplement Defendants Jacqueline G. Lindenbach; Healthy World Celebrations, LLC; John A. Finney; Finney & Finney, P.A.'s MOTION to Dismiss or Alternatively, for Summary Judgment; Certificate of Service #11 .(Filed in Circuit Court of the First Circuit CV 12-1-0670-03 [PWB])(ecs, ) |
| Filing 11 Defendants Jacqueline G. Lindenbach; Healthy World Celebrations, LLC; John A. Finney; Finney & Finney, P.A.'s MOTION to Dismiss or Alternatively, for Summary Judgment - Gerald H. Kurashima appearing for Defendants John A. Finney, Finney Finney & Finney, PA, Healthy World Celebrations, LLC, Jacqueline G. Lindenbach (Attachments: #1 Table of Contents/Authorities, #2 Memorandum in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Declaration of Jacqueline G. Lindebach, #9 Declaration of John A. Finney, #10 Declaration of Gerald H. Kurashima, #11 Notice of Hearing and Certificate of Service)(Filed in Circuit Court of the First Circuit CV 12-1-0670-03 [PWB])(ecs, ) |
| Filing 10 Original DECLARATION of Dana M. Herberholz to Supplement Defendants Dana M. Herberholz and Zarian, Midgley & Johnson, PLLC's #9 MOTION to Dismiss, or Alternatively for Summary Judgment; Certificate of Service. (ecs, ) (Filed in Circuit Court of the First Circuit CV 12-1-0670-03 [PWB]) Modified on 5/7/2012 (ecs, ). |
| Filing 9 Defendants Dana Herberholz and Zarian, Midgley & Johnson, PPLC's MOTION to Dismiss or Alternatively for Summary Judgment -Gerald H. Kurashima appearing for Defendants Dana M. Herberholz, Zarian, Midgley & Johnson, PLLC (Attachments: #1 Table of Contents/Authorities, #2 Memorandum in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Declaration of Dana Herberholz, #9 Declaration of Gerald H. Kurashima, #10 Notice of Hearing and Certificate of Service)(Filed in Circuit Court of the First Circuit CV 12-1-0670-03 [PWB])(ecs, ) |
| Filing 8 TRANSMITTAL of Certified Copies of the Entire Record from Circuit Court of the First Circuit pursuant to the Notice of Filing Notice of Removal in CV 12-110670-03 PWB (Attachments: #1 Computerized Index - First Circuit Court 1CC12-1-000670 ) (ecs, ) (Additional attachment(s) added on 5/7/2012: #2 Complaint - part 1, #3 Complaint - part 2, #4 Complaint - part 3, #5 Complaint-part 4) #6 Exh P1-P56 - part 1, #7 Exh P1-P56 - part 2) (ecs, ). #8 Exh P1-P56 - part 3, #9 Exh P1-P56 - part 4, #11 Exh P1 - P56 -part 5) (ecs, ). (Additional attachment(s) added on 5/7/2012: #12 Notice of Filing Notice of Removal -part 1, #13 Notice of Filing Notice of Removal-part 2, #14 Notice of Removal - part 3, #15 Notice of Removal- part 4, #16 Notice of Filing Notice of Removal - part 5, #17 Notice of Filing Notice of Removal - part 6) (ecs, ). (Additional attachment(s) added on 5/8/2012: #18 Notice of Filing Notice of Removal -part 7, #19 Notice of Filing Notice of Removal-part 8, #20 Notice of Filing Notice of Removal - part 9 (DVD), #21 Notice of Filing Notice of Removal - part 10 (ecs, ). [Note: DVD contained in part 9 (attachment # 20)- Audio Exhibits, Video Exhibits, Complaint Hawaii February 28, 2012 with Exhibits.pdf, Exhibits P1-P56, Hawaii Complaint w/notes, Raw Exhibits P1-P56. ] #24 Deft Herberholz and Zarian, Midgley & Johnson PLLC's M/ Dismiss, Mem in Support, Exh, Decl (entry #9), #25 Orig Decl of Herberholz to Supplement Herberholz and Zarian, Midgley & Johnson M/Dismiss (entry #10), #26 Deft Lindenbach; Healthy World Celebrations, Finney, Finney & Finney M/Dismiss, Mem in Support, Exh, Decl,(entry #11) #27 Orig Decl of Lindenbach to Supplement Lindenbach, et al's M/Dismiss (entry #12), #28 Deft Jones' M/Dismiss, Mem in Support, Decl, Exh (entry # 13) (ecs, ). Modified on 5/8/2012 (ecs, ). |
| Filing 7 EO: Rule 16 Scheduling Conference set for 5/21/2012 is moved to 7/27/2012 @ 9:00 AM before Judge BARRY M. KURREN. Scheduling Conference Statements due 7/20/2012. Jocelyn Koda to notify the parties. (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 |
| Filing 6 EO: RE- #5 Defendant Softlayer Technologies, Inc.'s MOTION to Dismiss set for Court Hearing on 6/21/2012 at 10:30 AM before JUDGE HELEN GILLMOR. The Plaintiffs shall have until 5/14/2012 to file an opposition and the Defendant shall have until 5/29/2012 to file a Reply. (JUDGE HELEN GILLMOR)(lls, )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 |
| Filing 5 MOTION to Dismiss ; Certificate of Service Patricia M. NaPier appearing for Defendant Softlayer Technologies, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Brenk Johnson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(NaPier, Patricia) |
| Filing 4 Defendant Softlayer Technologies, Inc.'s Corporate Disclosure Statement; Certificate of Service (ecs, ) |
| Filing 3 Filing fee: $ 350.00,receipt number HI 003467 #1 (ecs, ) |
Filing 2
Order Setting Rule 16 Scheduling Conference for 09:00AM on 5/21/2012 before Judge BARRY M. KURREN.. Signed by JUDGE SUSAN OKI MOLLWAY on 4/19/2012. (Attachments: #1 Memorandum re: Corporate Disclosure Statements)(ecs, )No COS issued for this docket entry
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| Filing 1 Softlayer Technologies, Inc.'s NOTICE OF REMOVAL from Circuit Court of the First Circuit, case number 12-1-0670-03 PWB. (Note: Exhibit A is voluminous and consists of 5 parts separated by a blue untitled pages) (Attachments: #1 Exhibit A - 1a, #2 Exhibit A - 1b)(ecs, ) (Additional attachment(s) added on 6/4/2012: #3 Exhibit A - continued, #4 Exhibit A - continued) , #5 Exhibit A - continued, #6 Exhibit A - continued, #7 Exhibit A - continued, #8 Exhibit A -continued, #9 Exhibit A - continued, #10 Exhibit A - continued) . #11 Exhibit A- continued (Includes CD titled: Audio Exhibits, Video Exhibits Complaint Hawaii 2/28/2012 with Exhibits.pdf Exhibits P1-P56, Hawaii Complaint w/notes Raw Exhibits P 1- P56, #12 Exhibit B, #13 Certificate of Service, #14 Civil Cover Sheet) (ecs, ).(Additional attachment(s) added on 6/4/2012. [CD RETAINED] |
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