United States of America v. Shimabukuro et al
| United States of America |
| Wallace Shimabukuro, Jr., Baron McCullough, Brian Medcalf, Jae Eun Shimabukuro and Marilee A. West |
| 1:2017cv00588 |
| December 13, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN SC CHANG |
| SUSAN OKI MOLLWAY |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 82 Supplemental Agreement To Third and Final Settlement Agreement. Signed by JUDGE SUSAN OKI MOLLWAY on 12/3/2018. (cib, ) |
| Filing 81 STIPULATION Supplemental Agreement to 3rd & Final Agreement by Brian Medcalf. (Partington, Earle) |
| Filing 80 EO: Pursuant to Earle Partington's request, the Status Conference by Telephone set for 11/27/18 @ 9:00 a.m. is taken off calendar. Counsel to submit the stipulation for dismissal by 12/4/18.. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 79 THIRD AND FINAL SETTLEMENT AGREEMENT filed by Brian Medcalf. (cib, ) |
Filing 78
Third and Final Settlement Agreement and Order.This agreement shall become effective upon the signature of the court and,by approving this Agreement, the court orders the Clerk of the Court to distribute the property covered by this Agreement as noted above. Signed by JUDGE SUSAN OKI MOLLWAY on 11/14/2018. (cib, )
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| Filing 77 Withdrawal of Claims to Property and Stipulation To Dismiss and Remove Wallace Shimabukuro, Jae Eun Shimabukuro and Marilee West From This Case.Wherefore, given that Wallace Shimabukuro, Jae Eun Shimabukuro, and Marilee West no longer have any legal claims to the remaining property still in issue in this case, the parties hereby STIPULATE and AGREE that Wallace Shimabukuro, Jae Eun Shimabukuro, and Marilee West be removed and dismissed from this civil proceeding as all of their legal claims to property involved in this civil proceeding have been settled and nothing remains in dispute as to these three defendants. Signed by JUDGE SUSAN OKI MOLLWAY on 10/29/2018. (cib, ) |
| Filing 76 EP: Settlement Conference - Further settlement conference held. Present were AUSA Edric Ching, FPD Ali Silvert and his client, Wallace Shimabukuro, and attorney Earle Partington and his client, Brian Medcalf and attorney Samuel P. King, Jr. Discussion held. Settlement of remaining claims achieved. Mr. Silvert to prepare a stipulation and dismissal regarding his client. Mr. Partington to prepare settlement documents regarding the claims and disputes between his client and Mr. King's client. Telephone status conference regarding submission of closing documents scheduled for 11/27/18 @ 9:00 a.m. Status Conference is set for 11/27/2018 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 75 EO: Pursuant to Alexander Silvert's request, a Settlement Conference is set for 10/25/2018 11:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. The USA to prepare an order to produce Wallace Shimabukuro. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 74 SECOND PARTIAL SETTLEMENT AGREEMENT. Signed on 9/26/2018 by JUDGE SUSAN OKI MOLLWAY.(cib, ) |
| Filing 72 Partial Settlement Agreement. Signed by JUDGE SUSAN OKI MOLLWAY on 8/29/2018. (cib, ) |
| Filing 71 EP: Further Settlement Conference - Discussion held with counsel. Mr. Silvert to contact the Courtroom Manager to schedule a further settlement conference.Settlement Conference held on 8/13/2018. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 70 Return of Service on Subpoena to Produce Documents Re: 1353 Lopaka Place, Kailua, HI 96734 ~ Custodian of Records: Honolulu Police Department, Records Division was served on 8/2/2018. (emt, ) |
| Filing 69 Return of Service on Subpoena to Produce Documents Re: Police Report # 16-041022 ~ Custodian of Records: Honolulu Police Department, Records Division was served on 8/2/2018. (emt, ) Modified on 8/6/2018 (emt, ). |
| Filing 68 Receipt Issued On August 3, 2018 to Attorney Alexander Silvert, Federal Public Defender For Defendant Wallace Shimabukuro, Jr, re: Possession of the uncontested items identified in the Court's Stipulation and Order to Return Uncontested Items to Defendant Wallace Shimabukuro, dated August 1, 2018 #67 . (cib, ) |
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Filing 67
STIPULATION AND ORDER To Return Uncontested Items To Defendant Wallace Shimabukuro. Signed by JUDGE SUSAN OKI MOLLWAY on 8/1/2018. (cib, )
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| Filing 66 EO: ECF Nos. 5, 6, and 7 are ordered to be unsealed. (JUDGE SUSAN OKI MOLLWAY)(rlfh, ) |
| Filing 73 Sanction Fee Received : $50.00 per sanction as to Mr. Sam King,Jr. and Mr. Earle Partington. Total of $100.00; receipt number HI024455 re #64 (cib, ) |
| Filing 65 EO: The Settlement Conference set for 8/22/18 @ 11:00 a.m. is vacated. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 64 EP: Settlement Conference - Mr. King and Mr. Partington were each sanctioned $50.00 for failing to submit a settlement conference statement as required by LR 16.5. Mr. King and Mr. Partington were directed to make payment to the Clerk of Court by August 8, 2018. Discussion held with counsel. Further settlement conference scheduled for August 13, 2018 at 11:00 am before Judge Chang. Updated settlement conference statements to be submitted by all counsel by August 8, 2018. Mr. Silvert and Mr. King to confer with regard to proposed stipulation as to coins which Mr. King's client did not make a claim.Settlement Conference held on 7/17/2018. Settlement Conference #2 is set for 8/13/2018 11:00 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
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Filing 63
AMENDED ORDER Denying Defendant's Motion To Recuse re: #56 . "The court denies Shimabukuro's motion to recuse this judge in the three cases to which Shimabukuro is a party." Signed by JUDGE SUSAN OKI MOLLWAY on 6/29/2018. (cib, )
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| Filing 62 EO: A Settlement Conference #2 is set for 7/17/2018 11:00 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Confidential settlement confidential statements are due by 7/10/18. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 61 EO: The claimants are directed to contact the Magistrate Judge no later than June 28, 2018, to schedule a settlement conference with that judge at a time convenient for the parties and that judge, but not later than July 18, 2018. The claimants should follow the procedures set forth in Local Rule 16.5. (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
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Filing 60
ORDER Denying Defendant's Motion To Recuse re: #56 . Signed by JUDGE SUSAN OKI MOLLWAY on 5/14/2018. (cib, )
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| Filing 59 MEMORANDUM in Opposition re #56 MOTION for Recusal ; Certificate of Service filed by United States of America. (Ching, Edric) |
| Filing 58 RESPONSE [Statement of Claim] filed by Baron McCullough. (Attachments: #1 Declaration of Baron McCullough; Exhibit A, #2 Certificate of Service)(King, Samuel) Docket text entry modified on 5/4/2018 to reflect document title. (afc) |
| Filing 57 EO: Any response by the Government to Defendant's Motion To Recuse shall be filed no later than May 8, 2018. Mr. Shimabukuro may submit an optional reply memorandum no later than May 11, 2018. The motion will be decided without a hearing pursuant to Local Rule 7.2(d). (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 56 MOTION for Recusal ; Certificate of Service Alexander Silvert appearing for Defendant Wallace Shimabukuro, Jr (Silvert, Alexander) |
| Filing 55 NOTICE by Wallace Shimabukuro, Jr of Submission of Second Amended Declarations of Wallace Shimabukuro, Jr., Jae Eun Shimabukuro and Marilee A. West; Certificate of Service Wallace Shimabukuro, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silvert, Alexander) |
| Filing 54 EO: Settlement Conference set for 8/16/18 @ 2:15 p.m. SOM is continued to 8/22/2018 11:00 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Confidential settlement conference statements are due by 8/15/18. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 53 EO: The Amended Declarations submitted by Mr. Silvert on April 18, 2018, still do not comply with this court's minute order of March 7, 2018. The Amended Declarations attest to the declarants' claims of ownership, but they do not attest to having lawful interests in the claimed items. In other words, each declarant is stating under penalty of perjury only that the declarant is claiming ownership, not that the declarant lawfully owns the claimed items. This court requires new declarations from Mr. Shimabukuro, his wife, and his mother. The new declarations must be filed no later than April 25, 2018. Mr. King's request for an extension is granted, and Mr. McCullough may submit his claim no later than May 4, 2018. (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 52 NOTICEof Submission of Amended Declarations of Wallace Shimabukuro, Jr., Jae Eun Shimabukuro and Marilee A. West; Exhibits A - C; Certificate of Service Wallace Shimabukuro, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silvert, Alexander) |
| Filing 51 MOTION for Extension of Time to File Claim Samuel P. King, Jr appearing for Defendant Baron McCullough (Attachments: #1 Declaration of Samuel P. King, Jr., #2 Certificate of Service)(King, Samuel) |
| Filing 50 EO: On 4/12/18 Defendants filed a Motion for Extension to File Amended Declarations #49 . Defendants request an extension of time from 4/13/18 to 4/20/18 to file the amended declarations that are the subject of Judge Mollway's 3/29/18 Entering Order. Good cause appearing therefor, the Court GRANTS the Motion and hereby extends Defendants' deadline until 4/20/18. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(chang1) |
| Filing 49 MOTION for Extension of Time to File Amended Declarations; Certificate of Service Alexander Silvert appearing for Defendant Wallace Shimabukuro, Jr (Silvert, Alexander) |
| Filing 48 EO: Settlement Conference set for 8/13/18 @ 10:00 A.M. before Magistrate Judge Chang is continued to 8/16/2018 02:15 PM in Chambers of Judge Susan Oki Mollway before JUDGE SUSAN OKI MOLLWAY. Confidential settlement conference statements are due by 8/9/18. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) |
| Filing 47 EO: The court has reviewed the submitted declarations. With respect to Mr. King's concerns, the court asks that he discuss those matters with the AUSA and with the Clerk of Court. The court also states that an in-person review of the seized items may be scheduled by contacting the Clerk of Court, and that Mr. King may also take his own photos. The court asks that Mr. King submit a completed declaration from his client no later than April 13, 2018. With respect to the declarations submitted by Mr. Silvert, the court notes that, while the declarations identify claimed items, the declarations do not expressly attest to the claimants' lawful interest in each item, as required by this court's minute order of March 7, 2018. The court therefore requires that Mr. Silvert file amended declarations no later than April 13, 2018. (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 46 NOTICE Of Submission Of Declarations of Wallace Shimabukuro, Jr., Jae Eun Shimabukuro and Marilee A. West re 42 Link ; Exhibits A - C; Certificate of Service Wallace Shimabukuro, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silvert, Alexander) |
| Filing 45 Claim of Brian A. Medcalf On Behalf Of Hawaiian Islands Stamp & Coin; Declaration of Brian A. Medcalf With Exhibit A; Certificate of Service filed by Brian Medcalf. (Attachments: #1 Declaration of Brian A. Medcalf, #2 Exhibit A, #3 Certificate of Service)(Partington, Earle) |
| Filing 44 Declaration Of Samuel P. King, Jr.; Exhibit A filed by Baron McCullough. (Attachments: #1 Exhibit Exhibit A, #2 Certificate of Service)(King, Samuel) Modified docket text to reflect pdf document on 3/28/2018 (cib, ). |
| Filing 43 CERTIFICATE OF SERVICE by United States of America [RE: PLAINTIFF'S INITIAL DISCLOSURES] (Ching, Edric) |
| Filing 42 EO: An inventory has just been filed. No later than March 28, 2018, any party claiming any item listed in the inventory should submit a declaration under penalty of perjury clearly identifying each claimed item and attesting to the claimant's lawful interest in each item claimed. Any individual named in this lawsuit who does not submit such a declaration will be deemed to have waived any claim to the items listed in the inventory. (JUDGE SUSAN OKI MOLLWAY)(shm)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 41 NOTICE by United States of America PLAINTIFF'S NOTICE OF INVENTORY; CERTIFICATE OF SERVICE United States of America. (Attachments: #1 Exhibit "A", #2 Exhibit "B" CD RETAINED IN THE CLERK'S OFFICE)(Ching, Edric) Modified docket text on 3/7/2018 (cib, ). |
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Filing 40
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 3/1/18. (cib, )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
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| Filing 39 EP: Status Conference and Rule 16 Scheduling Conference -Mr. Silvert is also representing today Jae Eun Shimabukuro and Marilee West who are not present.Non Jury Trial is set 3/5/19 @ 9:00 a.m. before Judge Mollway.Mr. Silvert to confirm with Mr. Shimabukuro whether or not he would prefer a jury trial or consenting to have this trial conducted by a Magistrate Judge.Discussion held re: the inventory.Mr. Ching to disclose the written inventory, and to provide the CDs by next Friday, 3/9/18.Deadline to file claims as to the coins is 6/29/18.A Settlement Conference is set for 8/13/18 @ 10:00 a.m.Parties need not file Rule 26 Initial Disclosures.Dates given: Non-Jury Trial is set for 3/5/2019 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 1/22/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Settlement Conference set for 8/13/2018 10:00 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Dispositive Motions filed by 10/3/2018. Discovery due by 1/4/2019. Status Conference held on 3/1/2018, Rule 16 Scheduling Conference held on 3/1/2018.(Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry |
| Filing 38 REPORT of Planning Meeting and Parties' Joint Discovery Plan; COS. (Ching, Edric) |
| Filing 37 Scheduling Conference Statement ; Certificate of Service. (Ching, Edric) |
| Filing 36 EO: The Rule 16 Scheduling Conference and the Status Conference set for 3/1/2018 9:00 a.m. is rescheduled to 10:00 AM on the same day in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 35 EO: The Rule 16 Scheduling Conference and Status Conference set for 2/23/18 @ 9:00 a.m. is continued to 3/1/2018 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 34 Receipt Issued on February 12, 2018 to Attorney Alexander Silvert, Federal Public Defender for defendant Wallace Shimabukuro, Jr. re: Possession of stamps. (cib, ) |
| Filing 33 EO: Having received no new claim to the stamps, the court directs Alexander Silvert to contact the Clerk of Court to arrange for delivery to Mr. Silvert of all stamps. Mr. Silvert will then be responsible for returning the stamps to Mr. Shimabukuro, Mr. Shimabukuro's designees, Ms. West, and/or other claimants that Mr. Silvert has informed the court he serves as the spokesperson for. No inventory will be made for the stamps. The court asks the United States to complete the inventory for the coins and other items and to file that as soon as possible. (JUDGE SUSAN OKI MOLLWAY)(tl, )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 Letter addressed to Judge Mollway from AUSA Attorney Edric M.K. Ching dated 2/7/18 re: Claims on stamps in response to the Court's January 25, 2018 minute order. (cib, ) |
| Filing 31 NOTICE of Appearance of Attorney Earle A. Partington on behalf of Brian Medcalf. (cib, )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 30 EO: Rule 16 Scheduling Conference for 2/22/18 @ 9:00 a.m. is continued to 2/23/2018 @ 9:00 a.m. before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 29 EO: Pursuant to Mr. Ching's request, the Status Conference set for 1/31/18 @ 9:00 a.m. is continued to 2/23/2018 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 28 EO: Any claimant who has not previously claimed entitlement to seized stamps but who now makes such a claim must do so in writing no later than February 2, 2018. Examination of the stamps may be by arrangement with the Clerk of Court. Any attorney of record will be allowed to photograph or videotape the stamps under the Clerk's supervision for the purpose of facilitating a client's review. (JUDGE SUSAN OKI MOLLWAY)(tl, )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 27 Letter addressed to Judge Mollway from AUSA Eric M.K Ching, dated on January 23, 2018 re: Stamp Inventory. (cib, ) |
| Filing 26 Letter Addressed to Mr. King from AUSA Eric M. Ching dated on 1/19/18 re: Discussion during Status Conference if client intends to make a claim on stamps. (cib, ) |
| Filing 25 EO: Status Conference set for 1/19/18 @ 9:00 a.m. is continued to 1/31/2018 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 24 NOTICE REGARDING STAMPS; EXHIBITS A AND B. (Attachments: #1 Exhibit A, #2 Exhibit B)IT IS SO ORDERED: U.S. DISTRICT JUDGE SUSAN OKI MOLLWAY. (afc)Reference also ECF #8 -5, PageID #s 98-99.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 January 18, 2018. |
| Filing 23 EP: Telephone status conference.Mr. Partington representing Mr. Medcalf.Sue Beitia, Clerk of Court, present.Telephone status conference held.The U.S. Attorney's office is working on extending Mr. Vento's contract.All parties consent to waiving a Clerk's office employee being present with Mr. Vento during the inspection. (Court Reporter debi read.) (JUDGE SUSAN OKI MOLLWAY)(tl, )No COS issued for this docket entry |
| Filing 21 Letter from Edric M. Ching, Assistant U.S. Attorney re: Court's Minute Order 20 . (cib, ) |
| Filing 20 EO: The court schedules a telephone conference for Wednesday, January 17, 2018, at 2:15 p.m., to discuss the inventory being prepared by Mr. Vento. Mr. Vento has informed the Clerk of Court that he has no expertise in stamps and will not inventory the stamps. The status of the stamps will therefore be discussed during the conference. In addition, although Mr. Johnson's letter to the court (dated December 21, 2017) says that Mr. Vento will ''package and label the coins for identification,'' Mr. Vento says that, in estimating the time to prepare the inventory at 3-5 days, he was not anticipating putting each coin into a separate package. Instead, he proposes to simply list coins that have been aggregated in small plastic bags without separately labeling each coin. He says that the aggregate value of a small ziploc bag of coins may be only a few dollars. Are the parties anticipating that there will be disputes about any coin worth only a few dollars? If not, then can the parties agree on some minimum estimated value that would require Mr. Vento to separately bag a particular coin? (JUDGE SUSAN OKI MOLLWAY)(tl, )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 |
| COURT'S CERTIFICATE of Service - a copy of #21 Letter has been served by First Class Mail to Brian Medcalf to the addresses of record. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib, ) |
| Filing 19 EO: Beginning on January 16, 2018, the person retained by the United States will begin examining the seized items for the purpose of creating an inventory. The examination will occur in a conference room in the courthouse and will be videotaped and observed by court personnel. (JUDGE SUSAN OKI MOLLWAY)(tl, )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 ANSWER to #1 Complaint by Baron McCullough.(King, Samuel) |
| Filing 17 EO: Rule 16 Scheduling Conference for 2/12/18 @ 9:00 a.m. is continued to 2/22/2018 @ 9:00 a.m. before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 16 Letter from Ronald G. Johnson, Assistant United States Attorney dated on 12/21/17 re: inventory of the items seized by United States Probation. (cib, ) |
| Filing 15 EP: Status Conference held on 12/21/2017. United States of America to complete inventory of seized property by January 12, 2018.All parties have been served with the Complaint for Interpleader and Declaratory Relief ("Complaint"). Defendants have an open ending extension to file a response to the Complaint. No discovery to be taken until the inventory has been completed. Further Status Conference set for January 19, 2018 at 9:00 a.m. before Judge Kevin S.C. Chang. (Court Reporter C7 - No Record) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| COURT'S CERTIFICATE of Service - a copy of Court's Minutes, Docket No. 15, has been served by First Class Mail upon Defendants Baron McCullough and Brian Medcalf at their addresses of record on December 21, 2017. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 14 CIVIL Waiver of Service Packet (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib, ) |
| Filing 13 Summons Issued as to Baron McCullough. (cib, ) |
| Filing 12 EO: Baron Mccullough will appear by telephone for the status conference set for 12/21/17 @ 9:00 a.m. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
| Filing 11 Summons (Proposed) (Ching, Edric) |
| Filing 10 EO: A Status Conference is set for 12/21/2017 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Alexander Silvert may appear by telephone. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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 |
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Filing 9
SUPPLEMENT TO ORDER Regarding New Civil Interpleader Action. Signed by JUDGE SUSAN OKI MOLLWAY on 12/19/17. (cib, )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 (cib, ). Modified on 12/19/2017 to correct docket text to Supplement in place of Supplemental (cib, ).
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| COURT'S CERTIFICATE of Service - a copy of #8 Order Regarding New Civil Interpleader, #9 Supplemental To Order Regarding New Civil Interpleader Action, has been served by First Class Mail to the addresses of record of Brian Medcalf and Baron McCullough. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib, ) |
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Filing 8
ORDER Regarding New Civil Interpleader Action; Exhibits 1-8. "An interpleader complaint such as the one filed in this civil case is simply an action in which the holder of property(in this case, the United States) says that the holder has itself no claim to the property but seeks a court order resolving competing claims to the property. A court order would protect the holder of the property from mistakenly turning property overto the wrong party or from exposing itself to a lawsuit by the rightful owner for having turned over property to someone else. To avoid making the parties have to repeat actions taken in the ancillary proceedings in the criminal case, this court attaches to this order certain documents from that case. Attached as Exhibits 1, 2, 3, 4, and 5, respectively, are the Declaration of Wallace Shimabukuro, Jr.(ECF No. 745 in Crim. No. 03-00560 (4)); Declaration of Baron McCullough with Exhibit (ECF No. 741 in Crim. No. 03-00560 (4)); Declaration of Brian Medcalf (ECF No. 743 in Crim. No. 03-00560 (4)); Declaration of Jae Un Shimabukuro (ECF No. 746 in Crim. No. 03-00560 (4)); and Declaration of Merilee West (ECF No. 748 in Crim. No. 03-00560(4)). These materials will be treated as claims to the property identified in the declarations, and the declarations are treated as if filed in the present civil action. This court would like to set a schedule in this case that permits early resolution of the disputes among claimants. Toward that end, this court asks the Magistrate Judge to act as soon as allowed by court rules to set a trial date and pretrial deadlines, as well as to establish discovery procedures that are reasonable and that take into account such factors as Shimabukuros incarceration, McCulloughs medical status, and other claimants circumstances." Signed by JUDGE SUSAN OKI MOLLWAY on 12/18/17. (Attachments: #1 Shimabukuro Interpleader Exhibit 1, #2 Shimabukuro Interpleader Exhibit 2, #3 Shimabukuro Interpleader Exhibit 3, #4 Shimabukuro Interpleader Exhibit 4, #5 Shimabukuro Interpleader Exhibit 5, #6 Shimabukuro Interpleader Exhibit 6, #7 Shimabukuro Interpleader Exhibit 7, #8 Shimabukuro Interpleader Exhibit 8 Part 1 of 2, #9 Shimabukuro Interpleader Exhibit 8 Part 2 of 2 )(cib, )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
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| Filing 7 Sealed Exhibit 12A - Deposited with the Clerk on December 12, 2017 and that were subsequently filed in the related criminal case, Crim. No. 03-00560(4). (Attachments: #1 Continuance of Exhibit 12A)(cib, ) Modified on 7/31/2018 to unseal document per EO 66 . (cib, ) |
| Filing 6 Sealed Exhibit 9C - Deposited with the Clerk on December 13, 2017 and that were subsequently filed in the related criminal case, Crim. No. 03-00560(4). (cib, ) Modified on 7/31/2018 to unseal document per EO 66 .(cib, ) |
| Filing 5 Sealed Exhibit 5 - Deposited with the Clerk on December 13, 2017 and that were subsequently filed in the related criminal case, Crim. No. 03-00560(4). (cib, ) Modified on 7/31/2018 to unseal document per EO 66 . (cib, ) |
| Filing 4 EO: The Clerk is directed to file in this action any exhibits containing documents that were deposited with the Clerk on December 13, 2017, and that were subsequently filed in the related criminal case, Crim. No. 03-00560(4). (JUDGE SUSAN OKI MOLLWAY)(tl, )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 |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00AM on 2/12/18 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/13/17. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib, )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 12/18/2017 to correct Rule 16 scheduling date to 2/12/18 (cib, ).
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| Filing 2 NOTICE of Case Assignment; Please reflect Civil case number CV 17-00588-SOM-KSC on all further pleadings (cib, )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 1 COMPLAINT For Interpleader and Declaratory Relief against Baron McCullough, Brian Medcalf, Jae Eun Shimabukuro, Wallace Shimabukuro, Jr, Marilee A. West filed by United States of America.(cib, ) |
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