Choi v. Consulate General of Japan

Justia Dockets & Filings Ninth Circuit Hawaii District Court Choi v. Consulate General of Japan

Choi v. Consulate General of Japan

Plaintiff:	Hye Ja Choi
Defendant:	Consulate General of Japan
Case Number:	1:2018cv00051
Filed:	February 6, 2018
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	SUSAN OKI MOLLWAY
Presiding Judge:	RICHARD L. PUGLISI
Nature of Suit:	Other Personal Property Damage
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
March 6, 2019	Filing 39 ORDER Granting Motion To Dismiss re 35 .The USPS's motion to dismiss the Amended Complaint is granted. While the court normally freely grants pro se litigants leave to filed amended pleadings, the court declines to do so in the present case because any such amended pleading would be futile. See Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007) ("Dismissal of a pro se complaint without leave to amend is proper only if it is absolutely clear that the deficiencies of the compl aint could not be cured by amendment." (quotation marks and citation omitted)).The Clerk of Court is directed to enter judgment in favor of Defendant USPS and to close this case.Signed by JUDGE SUSAN OKI MOLLWAY on 3/6/2019. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
May 15, 2018	Filing 24 ORDER Denying Plaintiff's 23 Motion for Reconsideration of Order Granting Defendant's Motion To Dismiss Plaintiff's Statement Of Claim And Complaint. "On May 13, 2018, the court received a letter from Choi that the cour t construes as a motion for reconsideration. ECF No. 23 . The letter insists that the FSIA does not apply to Choi's case, that the courts decision should [have been] made solely on the basis of the [Universal Postal Convention], andthat the Jap anese Consulate must be held responsible for the breach of this treaty. Id. at PageID #s 192-94. Choi's motion for reconsideration fails to explain why these conclusions were incorrect. Nor does Choi address the courts determination that she lac ked Article III standing to sue. The court therefore does not reconsider its decision dismissing Choi's claims against the Consulate General. Insofar as Choi's letter is as a motion for reconsideration, it is DENIED. Choi need not file an A mended Complaint if she does not wish to do so. However, in light of Choi's pro se status, the court extends the filing deadline for any Amended Complaint to June 15, 2018." Signed by JUDGE SUSAN OKI MOLLWAY on 5/15/2018. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Date Filed

Document Text

March 6, 2019

Filing 39 ORDER Granting Motion To Dismiss re 35 .The USPS's motion to dismiss the Amended Complaint is granted. While the court normally freely grants pro se litigants leave to filed amended pleadings, the court declines to do so in the present case because any such amended pleading would be futile. See Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007) ("Dismissal of a pro se complaint without leave to amend is proper only if it is absolutely clear that the deficiencies of the compl aint could not be cured by amendment." (quotation marks and citation omitted)).The Clerk of Court is directed to enter judgment in favor of Defendant USPS and to close this case.Signed by JUDGE SUSAN OKI MOLLWAY on 3/6/2019. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

May 15, 2018

Filing 24 ORDER Denying Plaintiff's 23 Motion for Reconsideration of Order Granting Defendant's Motion To Dismiss Plaintiff's Statement Of Claim And Complaint. "On May 13, 2018, the court received a letter from Choi that the cour t construes as a motion for reconsideration. ECF No. 23 . The letter insists that the FSIA does not apply to Choi's case, that the courts decision should [have been] made solely on the basis of the [Universal Postal Convention], andthat the Jap anese Consulate must be held responsible for the breach of this treaty. Id. at PageID #s 192-94. Choi's motion for reconsideration fails to explain why these conclusions were incorrect. Nor does Choi address the courts determination that she lac ked Article III standing to sue. The court therefore does not reconsider its decision dismissing Choi's claims against the Consulate General. Insofar as Choi's letter is as a motion for reconsideration, it is DENIED. Choi need not file an A mended Complaint if she does not wish to do so. However, in light of Choi's pro se status, the court extends the filing deadline for any Amended Complaint to June 15, 2018." Signed by JUDGE SUSAN OKI MOLLWAY on 5/15/2018. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Plaintiff: Hye Ja Choi
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Defendant: Consulate General of Japan
Represented By:	Yuko Funaki
Represented By:	Gregory M. Sato
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