Tower Development, Inc. v. Timbers Resort Management, LLC et al
| Tower Development, Inc. |
| Timbers Resort Management, LLC, Gregory Spencer, Doe Defendants 1-100 and David A. Burden |
| 1:2018cv00330 |
| August 27, 2018 |
| US District Court for the District of Hawaii |
| ALAN C KAY |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 31
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/23/2018. (cib, )
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| Filing 30 EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates are given. Court to prepare a Scheduling Order. Jury Selection/Trial is set for 04/27/2020 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 03/17/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 01/27/2020 at 10:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 11/27/2019. Discovery due by 02/28/2020. If the parties so wish to hold an Early Settlement Conference with the Court, they may do so by contacting Magistrate Judge Kenneth J. Mansfields Courtroom Manager, Bernie Aurio at (808) 541-1298.(FTR-Ctrm C6 10:25 - 10:30.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 29 EP: Motion Hearing held on 10/22/2018 re #5 MOTION to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) filed by Gregory Spencer, David A. Burden, Timbers Resort Management, LLC. (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) |
| Filing 28 Scheduling Conference Statement [Defendants' Scheduling Conference Statement]. (Miller, Maile) |
| Filing 27 STIPULATION REGARDING SERVICE OF COMPLAINT, DEMAND FOR JURY TRIAL AND SUMMONS FILED ON JULY 26, 2018 UPON DEFENDANTS TIMBERS RESORT MANAGEMENT, LLC, DAVID A. BURDEN AND GREGORY SPENCER - Signed by JUDGE LESLIE E. KOBAYASHI. Defendants TIMBERS RESORT MANAGEMENT, LLC, DAVID A. BURDEN, GREGORY SPENCER accept service of the Complaint, Demand for Jury Trial and Summons filed on July 26, 2018 as of the filing of this Stipulation on the condition that any Answer to Complaint or Motion under Rule 12 of the Federal Rules of Civil Procedure will be due thirty (30) days after the filing of the Court's Order on Defendants' Motion to Dismiss and Stay Proceedings under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) filed on September 4, 2018. (emt, ) |
| Filing 26 REPLY re #5 MOTION to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) filed by David A. Burden, Gregory Spencer, Timbers Resort Management, LLC. (Attachments: #1 Declaration of Scott J. Street, #2 Certificate of Service)(Miller, Maile) |
| Filing 25 NOTICE by Tower Development, Inc. Notice of Withdrawal of Plaintiff Tower Development, Inc.'s Ex Parte Motion for First Extension of Time to Serve Complaint, Demand for Jury Trial and Summons Filed on September 27, 2018 Tower Development, Inc.. (Attachments: #1 Certificate of Service)(Uesugi, Glenn) |
| Filing 24 Declaration re #21 Memorandum in Opposition to Motion,, Plaintiff Tower Development, Inc.'s Submission of the Signed Declaration of Edward Bushor in Support of Memorandom in Opposition to Defendants' Motion to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b) Filed on Septamber 4, 2018. (Attachments: #1 Declaration of Edward Bushor, #2 Certificate of Service)(Uesugi, Glenn) |
| Filing 23 Declaration re #21 Memorandum in Opposition to Motion,, Plaintiff Tower Develpment, Inc.'s Submission of the Sgined Declaration of Edward Bushor in Support of Memorandum in Opposition to Defendnats. (Attachments: #1 Declaration of Edward Bushor, #2 Certificate of Service)(Uesugi, Glenn) |
| Filing 22 STIPULATION Regarding Service Of Complaint, Demand For Jury Trial and Summons Filed on July 26, 2018 Upon Defendants Timbers Resort Management, LLC, David A. Burden and Gregory Spencer. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/2/2018. (cib, ) |
| ADVISORY ENTRY. Please be advised that the Declaration of Edward Bushor submitted in support of docket number #21 Memorandum in Opposition to Motion, filed by Tower Development, Inc, does not contain a scanned image of the signature. The filing party may refer to LR100.5.2., which states "An electronically filed document requiring the original, wet signature of an individual other than the CM/ECF user, such as an affidavit or declaration, must contain the original or a scanned image of that individual's signature." The filing party may resubmit the declaration to include the scanned image of Mr. Bushor's signature. For e-filing purposes, select the filing event "Declaration" from the "Other Documents" filing category. When prompted by the filing system, "link" the declaration to the memorandum in opposition, ECF No. 21. Lastly, the filing party may refer to LR10.2(b) Identification of Person Filing a Document, as well as LR10.2.(c) Caption, Case Numbers and Title. (cib, ) |
| Filing 21 MEMORANDUM in Opposition re #5 MOTION to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) Plaintiff Tower Development, Inc.'s Memorandum In Opposition to Defendants' Motion to Dimsiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) Filed on September 4, 2018 filed by Tower Development, Inc.. (Attachments: #1 Declaration of Edward Bushor, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Certificate of Service)(Uesugi, Glenn) |
| Filing 20 STIPULATION Stipulation Regarding Service of Complaint, Demand for Jury Trial, and Summons Filed on July 26, 2018 Upon Defendants Timbers Resort Management, LLC, David A. Burden and Gregory Spencer by Tower Development, Inc.. (Uesugi, Glenn) Docket text entry modified on 10/1/2018: The filing party has notified the Clerk's Office that the instant Stipulation has been submitted to the orders e-mail address for U.S. Magistrate Judge Kenneth J. Mansfield. (afc) |
| Filing 19 Ex Parte MOTION for Extension of Time to File Plaintiff Tower Development, Inc's Ex Parte Motion for First Extension of Time to Serve Complaint, Demand for Jury Trial and Summons; Declaration of Glenn H. Uesugi; and Certificate of Service Glenn H. Uesugi appearing for Plaintiff Tower Development, Inc. (Attachments: #1 Declaration of Glenn H. Uesugi, #2 Certificate of Service)(Uesugi, Glenn) Modified on 10/3/2018 to term motion (cib, ). |
| Filing 18 Summons Issued as to David A. Burden, Gregory Spencer, Timbers Resort Management, LLC. (cib, ) |
| Filing 17 Summons (Proposed) (Uesugi, Glenn) |
| Filing 16 EO: By joint request of parties and approval of the Court, the Rule 16 Scheduling Conference previously set for 10/01/2018 IS CONTINUED TO 10/22/2018 at 10:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements, if not already submitted, are due by 10/15/2018. Counsel and parties are to report to Magistrate Judge Kenneth J. Mansfield's courtroom upon the conclusion of the #5 Motion to Dismiss hearing before District Judge Leslie E. Kobayashi. Parties have been notified via telephone. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 15 Scheduling Conference Statement Plaintiff Tower Development, Inc.'s Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Uesugi, Glenn) |
| Filing 14 REPORT of Planning Meeting Report of Parties' Planning Meeting. (Attachments: #1 Certificate of Service)(Uesugi, Glenn) |
| Filing 13 NOTICE of Appearance by Scott J. Street on behalf of David A. Burden, Gregory Spencer, Timbers Resort Management, LLC on behalf of David A. Burden, Gregory Spencer, Timbers Resort Management, LLC. (Street, Scott) |
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Filing 12
ORDER Granting Motion To Appear Pro Hac Vice Attorney Scott J. Street re #6 . Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/6/2018. (cib, )
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Filing 11
ORDER Granting Motion To Appear Pro Hac Vice as to Attorney Mark D. Baute re #7 . Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/6/2018. (cib, )
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| Filing 10 NOTICE of Hearing on Motion #5 MOTION to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) : Motion Hearing is set for 10/22/2018 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) |
| Filing 9 STATEMENT of No Position re #7 MOTION for Pro Hac Vice as to Mark D. Baute Filing fee $ 300, receipt number 0975-2084474. Plaintiff Tower Development, Inc.'s Statement of No Position Regarding Mark D. Baute's Motion to Appear Pro Hac Vice Filed on September 4, 2018 [ECF 7] filed by Tower Development, Inc.. (Attachments: #1 Certificate of Service)(Uesugi, Glenn) |
| Filing 8 STATEMENT of No Position re #6 MOTION for Pro Hac Vice as to Scott J. Street Filing fee $ 300, receipt number 0975-2084459. Plaintiff Tower Development, Inc's Statement of No Position Regarding Scott J. Street's Motion to Appear Pro Hac Vice Filed on September 4, 2018 [ECF 6] filed by Tower Development, Inc.. (Attachments: #1 Certificate of Service)(Uesugi, Glenn) |
| Filing 7 MOTION for Pro Hac Vice as to Mark D. Baute Filing fee $ 300, receipt number 0975-2084474.Maile S. Miller appearing for Defendants David A. Burden, Gregory Spencer, Timbers Resort Management, LLC (Miller, Maile) |
| Filing 6 MOTION for Pro Hac Vice as to Scott J. Street Filing fee $ 300, receipt number 0975-2084459.Maile S. Miller appearing for Defendants David A. Burden, Gregory Spencer, Timbers Resort Management, LLC (Miller, Maile) |
| Filing 5 MOTION to Dismiss and Stay Proceedings Under the Colorado River Abstention Doctrine and Pursuant to Fed. R. Civ. P. 12(b)(5) Maile S. Miller appearing for Defendants Timbers Resort Management, LLC, Gregory Spencer, David A. Burden (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Gregory Spencer, #3 Declaration of David Burden, #4 Declaration of Scott Street With Exhibits A-L, #5 Certificate of Service)(Miller, Maile) |
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Filing 4
ORDER OF RECUSAL. JUDGE ALAN C. KAY recused. U.S. District Judge case assignment reassigned to U.S. DISTRICT JUDGE LESLIE E. KOBAYASHI for all further proceedings. Please reflect new Civil case number CV 18-00330-LEK-KJM on all further pleadings. Signed by JUDGE ALAN C. KAY on 8/30/2018. (afc)
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 10/1/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/27/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 18-00330 ACK-KJM on all further pleadings. (emt, ) |
| Filing 1 NOTICE OF REMOVAL by Timbers Resort Management, LLC, Gregory Spencer, David A. Burden Pursuant to 28 U.S.C. Sections 1332(a), 1441(a) & (b) from Circuit Court of the Fifth Circuit, State of Hawaii, case number 5CC181000108. ( Filing fee $ 400 receipt number 0975-2080061), filed by Timbers Resort Management, LLC, Gregory Spencer, David A. Burden. (Attachments: #1 Memorandum in Support, #2 Declaration of Gregory Spencer, #3 Declaration of David Burden, #4 Appendix of Fifth Circuit Court Filings, #5 Exhibit A, #6 Certification of Interested Entities or Persons, #7 Certificate of Service)(Miller, Maile) |
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