Gallagher v. Anne Croudace, et al
| Danny Gallagher |
| Maddison Weikle, Does 1-10, Jenna Chidester, Channa Jayde Walz, Elizabeth Geftakys, Elizbeth Anoatubby, MaternityWise International, Rachael Brown, Holly Leppard-Westhaver, Nicolette Raymond, Samantha Lajoie, Stephanie Gilbert, Esme Whritenour, Anne Croudace, Emilee Benner, Jane Doe Two, Cara Gwizd, Julie Bell, Eloise Victoria, Aerin Lund, Kate Pavlovsky, Bethany Kirillova, Jane Doe One, Jordan Ashley Hocker, Jane Doe Three, MaternityWise International LLC, Stephanie Byers, Emilee Saldaya, Rachael Aughenbaugh, Maddison Sisley Boulter, Jane Hopaki, Adrianna Brooks, Jennifer Chidester, Vivian Chau Best and Bethany Kirillov |
| 1:2018cv00364 |
| September 25, 2018 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 418
CLERK'S JUDGMENT entered on 3/30/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on March 30, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 417
STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AGAINST EMILEE SALDAYA, VIVIAN CHAU BEST, AND JANE HOPAKI - Signed by JUDGE LESLIE E. KOBAYASHI. Emilee Saldaya, Vivian Chau Best and Jane Hopaki terminated. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 6, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 416
Mail Returned as Undeliverable (re ECF No. #409 Stipulated Order for Injunctive Relief). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered. (eta)
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Filing 415
Mail Returned as Undeliverable (re ECF Nos. #410 , #411 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered. (Attachments: #1 ECF No. 410 Order Dismissing First Amended Counterclaim, #2 ECF No. 411 Entering Order) (eta)
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Filing 414
Mail Returned as Undeliverable (re ECF No. #408 Entering Order). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered. (eta)
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Filing 413
EO: COURT ORDER CLARIFYING THE COURT'S MINUTE ORDER FILED ON FEBRUARY 1, 2023, [DKT. NO. #411 ] (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 412
Letter in response to ECF No. #411 Entering Order addressed to Judge Leslie E. Kobayashi from Eric A. Seitz, Esq., dated February 2, 2023. (eta)
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Filing 411
EO: COURT ORDER DIRECTING THE ENTRY OF FINAL JUDGMENT... In light of these representations, the Clerk's Office is DIRECTED to: terminate Best, Saldaya, and Hopaki as parties immediately upon the filing of the approved stipulation for dismissal; and, upon the termination of those defendants, enter the final judgment and close the case. The final judgment shall be: in favor of Saldaya, pursuant to the Verdict; in favor of Gallagher and against Byers for the nominal damages reflected in the Verdict; and in favor of Gallagher and against Kirillov for the nominal damages reflected in the Verdict and the punitive damages reflected in the Punitive Damages Verdict. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 410
ORDER DISMISSING FIRST AMENDED COUNTERCLAIM WITH PREJUDICE re #188 , #217 - Signed by JUDGE LESLIE E. KOBAYASHI on 2/1/2023. Counterclaimant Vivian Chau Best and Counterclaim Defendant Danny Gallagher terminated. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on February 2, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 409
STIPULATED ORDER FOR INJUNCTIVE RELIEF - Signed by JUDGE LESLIE E. KOBAYASHI. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on February 1, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 408
EO: COURT ORDER CLARIFYING EO ISSUED ON DECEMBER 29, 2022 On December 29, 2022, in response to a letter submitted by counsel for Defendants Emilee Saldaya ("Saldaya") and Vivian Chau Best ("Best"), the Court issued an entering order that extended the stay of all post-trial motions in this case to February 2, 2023 ("12/29/22 EO"). [Dkt. nos. #405 (letter), #406 (12/29/22 EO).] On December 30, 2022, counsel for Defendant Jane Hopaki ("Hopaki") submitted a letter stating that all parties who had been participating in the settlement discussion with the magistrate judge understood that Saldaya and Best's counsel would be requesting the extension of the stay on behalf of Saldaya, Best, and Hopaki. [Dkt. no. #407 .]The Court therefore CLARIFIES that the extension of the stay granted in the 12/29/22 EO applies to all parties.The parties are REMINDED that the stay will automatically expire on February 2, 2023 and that no further extensions of the stay will be permitted. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 407
Letter Re: Request to amend Order (ECF No. #406 ) addressed to Judge Leslie E. Kobayashi from Eric A. Seitz, Esq., dated December 30, 2022. (eta)
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Filing 406
EO: COURT ORDER GRANTING DEFENDANTS EMILEE SALDAYA AND VIVIAN CHAU BEST'S REQUEST FOR AN EXTENSION OF THE STAYOn November 3, 2022, the Court stayed all post-trial motions in this case until January 3, 2023. See Minute Order - EO: Court Order Staying Filing of Entry of Judgment Post-Trial Motions for 60 Days, filed 11/3/22 (dkt. no. #386 ) ("11/3/22 EO"). On December 29, 2022, counsel for Defendants Emilee Saldaya and Vivian Chau Best submitted a letter requesting an extension of the stay. [Dkt. no. #405 .] In light of the parties' ongoing settlement discussions with the magistrate judge, the request is GRANTED. The stay of all post-trial motions in this case is EXTENDED until February 2, 2023.The parties are REMINDED that the 11/3/22 EO stated that only one extension of the stay would be permitted. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 405
LETTER REQUEST from the parties for an Extension of the 60-day stay of entry of judgment and all post-trial motions. (afe)
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Filing 404
Mail Returned as Undeliverable (re ECF No. #397 ORDER TEMPORARILY UNSEALING HEARING FOR LIMITED PURPOSE OF PREPARING TRANSCRIPT (JURY SELECTION, TRIAL - DAY 1/ PARTIAL TRANSCRIPT)). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638. (eta)
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Filing 403
Mail Returned as Undeliverable (re ECF No. #389 Minutes). Mail sent to Stephanie Byers at 30980 Scott Park Rd.,TRLR 23, Long Grove, IA 52756-9638 returned undelivered. (eta)
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Filing 402
Mail Returned as Undeliverable ( re ECF Nos. #336 , #254 and #271 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undeliverable (Attachments: #1 ECF No. 336 Minute Order, #2 ECF No. 254 Minute Order, #3 ECF No. 271 Minute Order) (eta)
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Filing 401
Mail Returned as Undeliverable (re ECF Nos. #366 , #367 , #368 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered/no mail receptacle. (Attachments: #1 ECF No. 366 Minute Order, #2 ECF No. 367 Minute Order, #3 ECF No. 368 Minutes) (eta)
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Filing 400
Mail Returned as Undeliverable (re ECF Nos. #351 , #355 , and #356 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered/no mail receptacle. (Attachments: #1 ECF No. 351 Minutes, #2 ECF No. 355 Minutes, #3 ECF No. 356 Minutes) (eta)
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Filing 399
Mail Returned as Undeliverable (re ECF No. #374 Letter). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered/no mail receptacle. (eta)
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Filing 398
Mail Returned as Undeliverable (re ECF Nos. #359 , #360 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 returned undelivered/no mail receptacle. (Attachments: #1 ECF No. 359 Minutes, #2 ECF No. 360 Minute Order) (eta)
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Filing 397
ORDER TEMPORARILY UNSEALING HEARING FOR LIMITED PURPOSE OF PREPARING TRANSCRIPT (JURY SELECTION, TRIAL - DAY 1/ PARTIAL TRANSCRIPT) re #351 - Signed by JUDGE LESLIE E. KOBAYASHI on 11/23/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on November 25, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). Modified on 11/25/2022 (eta).
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Filing 396
EP: FURTHER SETTLEMENT CONFERENCE WITH PLAINTIFF ONLY held on 11/21/2022.The Court met with the Mr. Gallagher and Ms. Kau. Settlement discussion held. Settlement discussions ongoing. (Video Tele-Conference (VTC) no record 11:00 - 11:26) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 395
EO: Settlement Conference WITH PLAINTIFFS ONLY is set for 11/21/2022 at 11:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 394
Mail Returned as Undeliverable (re Clerk's Letter, ECF No. #290 and #291 Minute Orders). Mail sent to Stephanie Byers at 30980 Scott Park Rd. TRLR 23, Long Grove, IA 52756-9683 returned undelivered. (eta)
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Filing 393
Mail Returned as Undeliverable (re ECF Nos. 325 and 326 ). Mail sent to Stephanie Byers at 30980 Scott Park Rd. TRLR 23, Long Grove, IA 52756-9683 returned undelivered. (Attachments: #1 ECF No. 325 Order Granting Motion to Shorten Time, #2 ECF No. 326 Entering Order) (eta)
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Filing 392
Mail Returned as Undeliverable (re ECF Nos. #332 and #333 Minute Orders). Mail sent to Stephanie Byers at 30980 Scott Park Rd. TRLR 23, Long Grove, IA 52756-9683 returned undelivered. (Attachments: #1 ECF No. #332 EO: Court's Rulings Re Plaintiff's Motions in Limine, #2 ECF No. #333 EO: Court's Rulings Re: Defendants Courdace, Pavlovsky and Hopaki's Motions in Limine) (eta)
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Filing 391
Mail Returned as Undeliverable (re ECF No. #336 Minute Order). Mail sent to Stephanie Byers at 30980 Scott Park Rd. TRLR 23, Long Grove, IA 52756-9638 returned undelivered/attempt unknown. The Clerk's Office will resend the document to Stephanie Byers at 30980 Scott Park Rd. TRLR 23, Long Grove, IA 52756-9638. (eta)
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Filing 390
Mail Returned as Undeliverable (re ECF No. #254 Minute Order). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. The Clerk's Office will resend the document to Stephanie Byers at 30980 Scott Park Rd., TRLR 23 Long Grove, IA 52756-9638. (eta)
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Filing 389
EP: FURTHER SETTLEMENT CONFERENCE WITH DEFENDANTS ONLY held. The Court met with the Defendants and their counsel. Settlement discussion held. Parties will continue discussions directly with the magistrate judge early next week. ( Zoom Tele-Conference (no record) 1:30 - 2:15) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing was also emailed to Pro Se Defendant Bethany Kirillov at the email address of bkirillova95@gmail.com and to Pro Se Defendant Stephanie Byers at the email of musigirl1986@yahoo.com on 11/04/2022.
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Filing 388
At the direction of the Court and no objection from the parties, the attached response was provided to the Jury. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 387
Note from the Jury dated 11/3/2022.(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 386
EO: COURT ORDER STAYING FILING OF ENTRY OF JUDGMENT AND POST-TRIAL MOTIONS FOR 60 DAYS (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 384
Special Jury Verdict Form dated 11/03/2022. (afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 383
EP: JURY TRIAL DAY 9 held. [12:15 PM] Plaintiff Danny Gallagher present. Defendants: Vivian Chau Best, present. Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[12:17 PM] 7 Jurors present. Verdict received, reviewed and read by the Court.Jury polled. Jury Discharged. Court addresses the parties regarding referral to the Magistrate Judge regarding pending and anticipated motions and other trial related issues.Defense counsel N. Ando makes an Oral Motion to set aide punitive damages. Court directs counsel to file a written motion. Parties are in agreement to be referred to the Magistrate judge. Court will file an Order to Stay the case and refer the matter to the Magistrate Judge. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 382
EO: Court sets a Settlement Conference with DEFENDANTS ONLY for 11/04/2022 at 1:30 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing was also emailed to Pro Se Defendant Bethany Kirillov at the email address of bkirillova95@gmail.com on 11/03/2022 and to Pro Se Defendant Stephanie Byers at the email of musigirl1986@yahoo.com on 11/04/2022. Modified on 11/4/2022 (bbb).
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Filing 380
JURY VERDICT dated 11/2/2022.(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 379
Jury Question dated 11/2/2022. (afe)
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Filing 378
EP: JURY TRIAL DAY 8 held[3:00 PM]Plaintiff Danny Gallagher present.Defendants: Kate Pavlovsky, Vivian Chau Best, present. Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[3:10 PM] 7 Jurors present. Verdict received, reviewed and read by the Court.Court directs the jury to return to the deliberation room to review Section VI - damages.[3:30 PM] Discussion held outside the presence of the jury. 7 Jurors present. Question from the jury submitted. Per Jury Instruction No. 29,page 34, the last sentence states, Nominal damages may not exceed one dollar. Please clarify for us.Discussion held. Court clarifies question for the jury. Jury returned for further deliberations.[3:45 PM] 7 Jurors present. Section IV: Damages $1.00Jury instructed on punitive damages. Jury retire for further deliberations. [4:15 PM] Jury deliberations end for the day. Jury will return on 11/3/2022 at 8:30am to resume deliberations.Courtroom manager will notify the parties regarding any communication from the jury and when a decision has been reached. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 377
EP: STATUS CONFERENCE held. Plaintiff Danny Gallagher present. Court addresses the parties regarding the sealed documents regarding punitive damages. Plaintiff has had an opportunity to review the documents. Parties stipulate to the admissibility of exhibit D292.Court receives and admits the sealed exhibit D292. Court reviews procedures for remainder of trial. Jury arrived by 8:30am and is continuing deliberations. Courtroom manager will contact the parties if communication is received by the jury. Court approves the payment of lunch for the jury during deliberations. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 376
STIPULATION AS TO THE STEPHANIE NOVOTNA CONVERSATION WITH DANNY GALLAGHER, signed by JUDGE LESLIE E. KOBAYASHI on 10/31/2022. (apg)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 375
EO: Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky's ("Defendants") MOTION #357 to Preclude or Strike Testimony of Plaintiff's Expert Witnesses, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 11/9/2022.Optional Reply Memorandum is due: 11/23/2022.Defendants MOTION #357 to Preclude or Strike Testimony of Plaintiff's Expert Witnesses; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 374
LETTER addressed to Judge Kobayashi from Megan Kau, Esq., dated November 1, 2022, re: punitive damages. (jni)
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Filing 373
EP: JURY TRIAL DAY 7 HELD.[8:40 AM]Plaintiff Danny Gallagher present.Defendants: Jane Hopaki, Kate Pavlovsky, Vivian Chau Best, present. Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[8:47 AM] 7 Jurors present.Jury instructed by the Court. No objections as to the make or manner in which the jury instructions were given.[9:25 AM] Closing arguments by the parties.[10:25 AM] Recess[10:40 AM] Court resumes. 7 Jurors present. Continued closing arguments heard.Bailiffs previously sworn. Jury retires to deliberate.Court approves the payment of lunch for the jury during deliberations.[3:30 PM] Court reconvenes by video teleconference ("VTC") regarding documents on punitive damages. All Counsel present by VTC. Discussions held outside the presence of the jury. Court directs Defendant's to produce documents as ordered by the Court to Plaintiff by 4:30 PM.Due to time difference, defendant Saldaya documents may be produced to plaintiff as soon as they are able to obtain it from the defendant but before the 9am hearing to allow time for M. Kau to review.Court sets a further status conference for 11/2/2022 at 9am in aha Nonoi before Judge Kobayashi.[4:00 PM] Jury deliberations end for the day. Jury will return on 11/2/2022 at 8:30am to resume deliberations. Jury Trial is set for 08:30 AM on 11/2/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 372
ORDER GRANTING DEFENDANT ANNE CROUDACE'S ORAL MOTION FOR JUDGMENT AS A MATTER OF LAW - Signed by JUDGE LESLIE E. KOBAYASHI on 11/1/2022. For the foregoing reasons, Defendant Anne Croudace's oral motion for judgment as a matter of law, pursuant to Rule 50(a)(1) of the Federal Rules of Civil Procedure is HEREBY GRANTED. Judgment as a matter of law is GRANTED in Croudace's favor as to all of Plaintiff's claims. The Clerk's Office is DIRECTED to terminate Croudace as a party on November 16, 2022, unless Plaintiff files a timely motion for reconsideration of this Order.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 11/2/2022. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email have been served electronically at the e-mail address listed on the (NEF). (jni)
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Filing 371
SUPPLEMENTAL RESPONSE TO Plaintiff's List of Specific Allegations, dkt #364 . Letter addressed to Judge Kobayashi from Kevin A. Yolken and Eric A. Setiz, dated October 30, 2022. (apg)
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Filing 370
SUPPLEMENTAL RESPONSE TO Plaintiff's List of Specific Allegations, dkt #364 . Letter addressed to Judge Kobayashi from Nadine Y. Ando and Dara S. Nakagawa dated Ocotber 29, 2022, on behalf of defendant Emilee Saldaya. (apg) Modified on 11/1/2022 to attach main document.(apg).
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Filing 369
JURY INSTRUCTIONS - Signed by JUDGE LESLIE E. KOBAYASHI on 11/1/2022.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email have been served electronically at the e-mail address listed on the (NEF). (jni)
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Mail sent to Stephanie Byers Returned as Undeliverable; Return to Sender. The following court documents sent to the address of record for Stephanie Byers 2342 W. Locus Street, Davenport, IA 52804 has been returned undeliverable: ECF #248 , #249 , #250 , #310 , #327 . (apg)
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COURT'S CERTIFICATE of Service - a copy of #374 Letter shall be served by First Class Mail to the addresses of record on 11/2/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
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Filing 368
EP: JURY TRIAL DAY 6 HELD.Plaintiff Danny Gallagher present.Defendants: Anne Croudace (Wallen), Jane Hopaki, Kate Pavlovsky, Vivian Chau Best, present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[8:15 AM] Discussion held outside the presence of the Jury.Defense counsel E. Seitz addresses the Court regarding Dr. Gotts medical records and moves to admit the medical records as D291. Discussion held. For reasons stated on the record, exhibit D291 is not received.Defense counsel E. Seitz moves for a mis-trial. Discussion held. Defense to file a written motion.Defense counsel N. Ando addresses the Court requesting to recall defendant Emilee Saldaya. Discussion held. Court will address it at the next recess.[8:38 AM] 7 Jurors present. Court advises the Jury regarding the parties stipulation to admit exhibit D289. [8:42 AM] Direct/Cross-examination of Jane Hopaki counsel by K. Yolken[9:07 AM] Counsel N. Ando waive questioning. [9:07 AM] Re-Direct/Cross by counsel M. Kau[9:15 AM] Jury excused. Discussions held outside the presence of the Jury regarding trial proceedings.Plaintiff intends to rest.Defense counsel as to defendants: Anne Croudace, Jane Hopaki, Kate Pavlovsky will rest.Defense counsel N. Ando addressses the Court regarding remaining witnesses and requests to recall defendant Emilee. Saldaya. Discussions held. For reasons stated on the record, the Court declines defense requests to call Emilee Saldaya.[10:24 AM] Outside the presence of the Jury.Defense counsel E. Seitz makes an oral Motion for Directive Verdict. Arguments heard.Court takes the matter under advisement except as to defendant Anne Croudace and Grants the Oral Motion. Written order to be issued.Defense may file a written motion a to the remaining defendants.[10:39 AM] 7 Jurors present.Plaintiffs have no other witnesses, plaintiffs rests.Defense counsel E. Seitz as to Jane Hopaki, Kate Pavlovsky Rests.[10:40 AM] Defense counsel, N. Ando calls Julie Bell.Julie Bell present by video teleconference (VTC), sworn & tesitifedDirect examination by defense counsel, N. Ando.[12:09 PM] Cross examination by counsel M. Kau.[12:31 PM] Counsel K. Yolken, waives.Defense counsel N. Ando as to Vivian Chau Best and Emilee Saldaya rests.[12:32 PM] Jury released for the day. Recess[1:19 PM] Court reviews jury instructions and special verdict form with counsel. Discussions held.[2:39 PM] Court in recess til 8:30 AM on 11/1/2022.Exhibits marked & admitted: D289, D216.Court security officers sworn in as Bailiffs: G. Gomes, G. Makishima, H. Kaufman. Jury Trial is set for 08:30 AM on 11/1/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 367
EO: COURT ORDER: DENYING DEFENDANTS' PROPOSED JURY INSTRUCTION NO. 21 (DEFAMATION-QUALIFIED PRIVILEGE) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 366
EO: COURT ORDER: COURT RULING ON THE ALLEGED DEFAMATORY STATEMENTS BY KATE PAVLOSKY, STEPHANIE BYERS, JANE HOPAKI, AND EMILEE SALDAYA (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 365
Letter to Megan Kau, Esq. Re: Danny Gallagher v. Anne Croudace, et al.; Civil No. 1:18-cv-00364-LEK-KJM Response to Plaintiffs List of Specific Allegations from Nadine Y. Ando and Dara S. Nakagawa dated October 27, 2022. (apg)
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Filing 364
Letter addressed to Judge Kobayashi Re: Gallagher v. Anne Croudace, et al.; list of specific allegations, from attorney Megan Kau dated October 27. 2022. (apg)
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Filing 363
Proposed Jury Instructions. filed by Vivian Chau Best, Emilee Saldaya.(Ando, Nadine)
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COURT'S CERTIFICATE of Service - a copy of #364 Letter, #365 Letter has been served by First Class Mail to the addresses of record to Stephanie Byers and Bethany Kirillov. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg)
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Filing 362
EP: JURY TRIAL DAY 5 HELD.Plaintiff Danny Gallagher present.Defendants Vivian Chau Best, Kate Pavlovsky present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[8:30 AM] 7 Jurors present. Continued Direct/Cross examination by counsel K. Yolken. [8:43 AM] Cross-examination counsel by N. Ando[8:50 AM] Re-Direct/Cross by counsel M. Kau[9:01 AM] Jury excused. Discussions held outside the presence of the Jury.[9:20 AM] Danny Gallagher, sworn & testified. Direct examination by counsel M. Kau[10:38 AM] RECESS[10:56 AM] Cross examination by counsel E. Seitz.[11:49 AM] Cross examination by counsel N. Ando.[12:20 PM] Recess[12:40 PM] Re-Direct examination by counsel M. Kau[12:50 PM] Recess; Jury excused, Discussions held outside the presence of the jury regarding witnesses.[01:29 PM] 7 jurors present. Court advises jury regarding witnesses being called out of order. Defense will present a witness by video teleconference ("VTC"). Defense witness, Takara Bullock present by VTC, sworn & testified.Defense counsel, K. Yolken waives direct examination.Direct examination by counsel N. Ando.[01:47 PM] Cross examination by counsel M. Kau.[02:00 PM] Jury excused for the weekend.Discussion held outside the presence of the jury.Exhibits marked & admitted: P49, P61, P60, P19, 7.Defense witnesses for Monday 10/31/2022: Jane Hopaki, Julie Bell (VTC). Discussion held.[02:15 PM] Recess, Court will resume at 4PM for further discussions.[4:00 PM] Court resumes.Court hears argument regarding defense witness Stephanie Novotna and exhibit #D 289. Court will draft a stipulation.Defense counsel E. Seitz addresses medical records of Dr. Kalir. Arguments heard.Court receives Dr. Kalir medical records in its entirety. Exh # D 290.Defense counsel E. Seitz, addresses the Court regarding an expert witness. Arguments heard. Court will not allow it.Defense counsel E. Seitz, addresses offer of proof on story telling. Arguments heard. Court will not allow it.Court informs the parties of its inclination regarding Plaintiffs list of specific allegations and addresses N. Andos responses. Discussion held. Jury Selection is set for 10/31/2022 at 08:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 361
Exhibit List Plaintiff's Fourth Amended Exhibit List. filed by Danny Gallagher.(Kau, Megan)
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Filing 360
EO: COURT ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT VIVIAN CHAU BEST AS TO THE PORTIONS OF PLAINTIFF'S CLAIMS BASED ON PARAGRAPHS 172 AND 173 OF THE FOURTH AMENDED COMPLAINT FOR DAMAGES (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 359
EP: JURY TRIAL DAY 4 HELD.Plaintiff Danny Gallagher present.Defendants Anne Croudace (Wallen), Vivian Chau Best, Kate Pavlovsky present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[8:30 AM] Plaintiff addresses the Court outside the presence of the jury.1) Plaintiff addresses the medical records to be provided to defense. Plaintiff will provide to defense Dr. Kalirs records today 10/27/2022. Discussion held regarding records for Dr. Gott.2) Plaintiff counsel seeks clarification regarding the Courts order granting plaintiffs first motion in limine. Discussions held.Court grants summary judgment in favor of Defendant Vivian Chau Best as to the portions of Plaintiffs claims based on paragraphs 172 and 173 of the Fourth Amended Complaint. Entering Order to issue.[8:50 AM] 7 jurors present. Continued Direct/Cross examination by counsel E. Seitz[9:00 AM] Jury excused from the courtroomDiscussions held with counsel outside the presence of the jury. [9:17 AM] 7 Jurors present; Continued Direct/Cross examination by counsel E. Seitz[9:19 AM] Counsel N. Ando waives questioning.[9:19 AM] Re-Direct/Cross examination by counsel M. Kau[9:21 AM] Re-Cross/Re-Direct by counsel E. Seitz.[9:35 AM] Recess[9:48 AM] 7 Jurors present. Emilee Saldaya present by video teleconference ("VTC") sworn & testified. Direct examination by counsel M. Kau[11:04 AM] Cross examination waived by counsel K. Yolken.[11:05 AM] Cross/Direct examination by counsel, N. Ando.[12:34 PM] Re-Direct/Re-Cross by counsel M. Kau[12:52 PM] Jane Hopaki present by VTC, sworn & testified. Direct examination by counsel M. Kau[01:09 PM] Cross examination/Direct reserved by defense for Monday 10/31/2022 for defendant to appear in person.[01:10 PM] Kate Pavlovski, present in person for continued testimony.Direct/Cross examination by counsel K. Yolken. Testimony to be continued.[02:00 PM] Jury excused for the day. Discussion held outside the presence of the jury. Exhibits marked & admitted: P29, P34, P37, P6, P36, P31, P15, D222, D241 Plaintiffs counsel M. Kau confirms witnesses for Friday 10/28/2022: Craig Gallagher, Danny Gallagher.Defense witnesses: Takara Bullock, Julie Bell (VTC). Jury Trial is set for 08:30 AM on 10/28/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 358
Exhibit List Plaintiff's Third Amended Exhibit List. filed by Danny Gallagher.(Kau, Megan)
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Filing 357
MOTION TO PRECLUDE OR STRIKE TESTIMONY OF PLAINTIFF'S EXPERT WITNESSES Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum of Law In Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 356
EP: JURY TRIAL DAY 3 HELD.Plaintiff Danny Gallagher present.Defendants Anne Croudace (Wallen), Vivian Chau Best present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.[8:30 AM] Defense addresses the Court outside the presence of the prospective jurors regarding preliminary issues:1) Defense renews it's Motion to preclude expert witnesses - Oral Motion is DENIED.Defense may file a written Motion.[8:43 AM] 7 Jurors presentBracken Gott, Psy.D, present by video teleconference (VTC), sworn & testified.Direct examination by counsel: M. Kau.[8:54 AM] Cross examination by counsel E. Seitz.[9:08 AM] Cross examination by counsel N. Ando[9:11 AM] Re-Direct by counsel M. Kau[9:18 AM] David Z. Kalir, D.O., sworn & testified. Direct examination by counsel: M. Kau[9:30 AM] Cross examination by counsel E,. Seitz[9:33 AM] Vivian Chau Best, sworn & testified. Direct examination by counsel: M. Kau.[9:44 AM] Jury recess. Discussion held outside the presence of the jury regarding Plaintiffs exhibit P4. Parties to meet and confer regarding admissibility of exhibits.~ COURT RECESS ~[10:17 AM] Court addresses the parties regarding exhibits. Parties agree as to the admissibility of P4 pages VB 000026 - VB 000033.[10:28 AM] 7 Jurors present. Continued testimony of Vivian Chau Best.[11:19 AM] Defense counsel E. Seitz, passes on Direct/Cross examination.[11:21 AM] Direct/Cross examination by counsel N. Ando[11:55 AM] Recess[12:20 PM] Continued examination of V. Best by N. Ando[12:47 PM] Re-Direct/Re Cross examination by counsel M. Kau[12:59 PM] Re-Cross examination by counsel K. Yolken[1:11 PM] Anne Croudace (Wallen), sworn & testified. Direct examination by counsel M. Kau.[1:25 PM] Direct/Cross examination by counsel E. Seitz.[1:55 PM] Examination to be continued. Jury excused for the day.[2:00 PM] Court security officers sworn in as Bailiffs: M. Black, S. Ferriman, B. Kagawa, M. Young. (On 10/25/22: S. Acedo, S. Ariola, L. Corpuz, J. Garo, H. Kamai, J. Murray, G. Perreira, M. Uehara, A. Vegas, T. Wong)Exhibits marked & admitted: P4 - only pages VB 000026-VB 000033, P1, P2, P5, D217, P10, P9. (Exhibits admitted on 10/25/2022 corrected here: P48A, D275, D215. P22, P21 (UNREDACTED), P27 (UNREDACTED), P35 (UNREDACTED), P20, P23, P28.)Plaintiffs counsel M. Kau confirms witnesses for Thursday 10/27/2022: Emilee Saldaya (VTC), Jane Hopaki (VTC), Kate Pavlovski. Discussions held. Jury Trial is set for 08:30 AM on 10/27/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 355
EP: JURY TRIAL DAY 2 HELD.Plaintiff Danny Gallagher present.Defendants Anne Croudace, Vivian Chau Best present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.Defense addresses the Court outside the presence of the prospective jurors regarding preliminary issues:1) Defense addresses the Court regarding exhibits.2) Defense addresses the Court regarding remote testimony of K. Pavlovsky.3) Defense addresses an email from a TV reporter inquiring for comments about the case, and request a GAG Order be entered on Plaintiffs counsel - Oral Motion is Denied. Defense may submit a written motion.4) Defense request list of witnesses to be called for trial on 10/26/2022.Plaintiff identifies witnesses as: Bracken Gott, Psy.D. David Z. Kalir, D.O., Anne Croudace, Vivian Chau Best. Jane Hopaki. Discussions held. Plaintiff agrees to call J. Hopaki out of order as she will be present on 10/31/2022.Plaintiff counsel addresses the Court regarding possible inadvertent contact with Juror #1. Discussion held.[8:50 AM] Juror #1 present. Colloquy conducted. No further action needed.[8:55 AM] Remaining jurors 2-8 present.[8:56 AM] Samantha Baldwin (Ross), sworn & testified, Direct examination by M. Kau[9:38 AM] Cross examination by: K. Yolken[9:48 AM] Jury excused for recess. Discussion held.[10:05 AM] Juror #6 present. Colloquy conducted. For reasons stated on the record, Juror #6 excused.[10:10 AM] Juror numbers 1, 2, 3, 4, 5, 7 and 8 present in the courtroom. Discussion held regarding juror #6. Trial continues; cross examination of S. Baldwin (Ross), continues.[10:33 AM] Cross examination by: N. Ando.[10:48 AM] Re-Direct.[10:51 AM] Michael Tengan, sworn & testified. Direct examination by M. Kau[11:05 AM] Cross examination by: E. Seitz[11:15 AM] Cross examination by: N. Ando[11:25 AM] Recess[11:40 AM] 7 Jurors presentPlaintiff witness, Defendant Kate Pavlovsky present by video teleconference (VTC) sworn & testified. Cross examination by M. Kau.Defense reserves their cross examination until witness is physically present on 10/27/2022. Exhibits marked & admitted: P48A, D275, D215. P22, 21 (UNREDACTED), 27 (UNREDACTED), 35 (UNREDACTED), 20, 23, 28.[12:38 PM] Jury excused for the day.Court addresses the parties regarding jury instructions and special verdict form. Court sets specific deadlines for the parties to assist with the special verdict form.Plaintiff to identify, as to each defendant, the specific defamatory statements that his claims are based upon and where each statement was made, and submit by Thursday 10/27/2022.Defense to advise regarding the form of evidence regarding financial condition, for purposes of Plaintiff's claim for punitive damages, by Thursday 10/27/2022.Plaintiffs counsel M. Kau confirms witnesses for Wednesday 10/26/2022: Bracken Gott, Psy.D (by VTC). David Z. Kalir, D.O., Anne Croudace, Vivian Chau Best. Further Jury Trial day 3 is set for 08:30 AM on 10/26/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 354
Exhibit List Plainitff's Second Amended Exhibit List. filed by Danny Gallagher.(Kau, Megan)
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Filing 353
EO: APPROVING as modified; Request for Media Blogging from Jennifer Kelleher, Audrey McAvoy, Caleb Jones - The Associated Press for Jury trial. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 352
Exhibit List First Amended Plainitff's Exhibit List. filed by Danny Gallagher.(Kau, Megan)
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Filing 351
EP: JURY SELECTION, JURY TRIAL/DAY 1 HELD.Plaintiff Danny Gallagher present.Defendant Vivian Chau Best present.Pro se defendants: Stephanie Byers and Bethany Kirrilov not present.Defense addresses the Court outside the presence of the prospective jurors regarding preliminary issues:1) Defense Oral Motion to recuse Plaintiffs counsel pursuant to an article in civil beat that was based on an interview with Ms. Kau - DENIED. Defense may file a written motion.2) Defense request to delay trial pending its filed motion - DENIED. 3) Defense addresses presence of clients, travel arrangements and request for plaintiff to call them as remote witnesses. Discussion held.Defense to have clients available to testify by VTC for Plaintiffs case and may testify in person for defense case.4) Defense counsel addresses production of hard copies of Plaintiffs exhibits. Discussion held. Counsel to meet and confer.5) Defense request list of witnesses to be called for trial on 10/25/2022.Plaintiff identifies witnesses as: Samantha Baldwin (Ross), Michael Tengan, Kate Pavlovsky (VTC), Anne Croudace.[9:45 AM]: Sixty-Five (46) prospective juror have been summonsed by the Court.Forty-Five (45) jurors are present, preliminarily instructed and sworn.Voir dire by Court and counsel Megan Kau, Eric Seitz, Nadine Ando.Nine (9) Jurors excused for cause. Recess: 11:10 AM - 11:55 AM: Peremptory challenges made in open court without prospective jurors. 8 Jurors selected and have been notified to remain at the Courthouse to begin trial.[12:30 PM] Court resumes in Aha Nonoi.8 Jurors present and sworn.Jurors preliminarily instructed by the Court.Plaintiff's Opening Statement made by counsel Megan KauDefense counsel Eric Seitz reserves opening statement. On behalf of Emilee Sadaya and Vivian Chau Best, Opening Statement made by Defense counsel Nadine Ando.[1:00 PM] Recess - Jurors excused for the day.Parties to notify the courtroom manager if any matters need to be addressed before the start of Jury trial day 2. Jury Trial is set for 08:30 AM on 10/25/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 350
REDACTION to #340 Objection,,, by Danny Gallagher. (Attachments: #1 Exhibit D-208 REDACTED, #2 Exhibit D-210 REDACTED, #3 Exhibit D-232 REDACTED)(Kau, Megan)
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Filing 349
Proposed Verdict Form..(Ando, Nadine)
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Filing 348
Proposed Jury Instructions. filed by Vivian Chau Best, Emilee Saldaya.(Ando, Nadine)
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Filing 347
EO: COURT ORDER: DENYING THE SALDAYA DEFENDANTS' PROPOSED JURY INSTRUCTION NO. 17 (DEFAMATION PER SE)... Finally, the Court notes that the Saldaya Defendants failed to file their proposed jury instructions and only submitted them to this Court by email. Thus, their proposed jury instructions are not part of the public record. The Saldaya Defendants are ORDERED to filed their proposed jury instructions, and any other similar trial documents that were only submitted by email, by 10/25/2022. The Saldaya Defendants are cautioned that the Court will not consider any further unfiled versions of trial documents, unless the parties are directed by the Court to submit the document to the Court's chambers. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 346
EO: COURT ORDER: DENYING THE SALDAYA DEFENDANTS' PROPOSED JURY INSTRUCTION NO. 15 (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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ADVISORY ENTRY. Personal Identifiers - Please be advised that exhibits submitted with Document #340 Objections filed by Danny Gallagher contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary. The filing party may submit a redacted version of the affected exhibits. Any submission of redacted exhibits should be filed together with a caption cover page, that references the case number, a document caption and includes counsel identification. For e-filing purposes, select the filing event "Redacted Document" from the "Other Filings" category. When prompted, please "link" the redacted exhibits to the appropriate underlying document. (eta)
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Filing 345
Plaintiff's Exhibit List . filed by Danny Gallagher.(Kau, Megan) Modified on 10/22/2022 (eta).
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Filing 344
Defendants' Joint Exhibit List . filed by Vivian Chau Best, Emilee Saldaya.(Ando, Nadine) Modified on 10/22/2022 (eta).
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Filing 343
OBJECTION Plaintiff's Second Objections to Defendants' Joint Exhibits filed by Danny Gallagher. (Kau, Megan)
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Filing 341
Additional Exhibits to #340 Objection,,, Exhibit D-284 part 1 filed by Danny Gallagher. (Attachments: #1 Exhibit D-284 part 2, #2 Exhibit D-284 part 3, #3 Exhibit D-284 part 4)(Kau, Megan)
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Filing 340
OBJECTION Plaintiff's Objections to Defendants' Joint Exhibits; Certificate of Service filed by Danny Gallagher. (Attachments: #1 Exhibit D-208, #2 Exhibit D-210 (RESTRICTED) , #3 Exhibit D-211, #4 Exhibit D-214, #5 Exhibit D216, #6 Exhibit D-217, #7 Exhibit D-222, #8 Exhibit D-223, #9 Exhibit D-232 (RESTRICTED) , #10 Exhibit D-242, #11 Exhibit D-246, #12 Exhibit D-247, #13 Exhibit D-248, #14 Exhibit D-250, #15 Exhibit D-251, #16 Exhibit D-255, #17 Exhibit D-264, #18 Exhibit D-265, #19 Exhibit D-268, #20 Exhibit D-272, #21 Exhibit D-275, #22 Exhibit D-278, #23 Exhibit D-279, #24 Exhibit D-280, #25 Exhibit D-281, #26 Exhibit D-282, #27 Exhibit D-283, #28 Exhibit D-285, #29 Exhibit D-286, #30 Exhibit D-287)(Kau, Megan) Modified on 10/22/2022 (eta).
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Filing 342
Mail Returned as Undeliverable (ECF Nos. 325 and 326 Entering Orders). Mail sent to Stephanie Byers at 3242 W Locust Street, Davenport, IA 52804 returned undelivered. The documents will be resent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23 Long Grove, IA 52756-9638 on October 20, 2022. (Attachments: #1 ECF No. 325 Order Granting Motion to Shorten Time, #2 ECF No. 326 Entering Order) (eta)
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Filing 339
RESPONSE Exhibit D-245 re #337 Response filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Exhibit D-246, #2 Exhibit D-267, #3 Exhibit D-268, #4 Exhibit A)(Ando, Nadine) Modified on 10/20/2022 (eta).
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Filing 338
RESPONSE Exhibit D-216 re #337 Response filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Exhibit D-226, #2 Exhibit D-227, #3 Exhibit D-241, #4 Exhibit D-243)(Ando, Nadine) Modified on 10/20/2022 (eta).
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Filing 337
RESPONSE re #311 Objection filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit D-209, #3 Exhibit D-212, #4 Exhibit D-213)(Ando, Nadine)
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Filing 336
EO: COURT'S RULINGS RE DEFENDANTS EMILEE SALDAYA AND VIVIAN CHAU BEST'S MOTIONS IN LIMINE...1. Order Granting in Part and Denying in Part the Saldaya Defendants' Motion in Limine No. 1 Re: Exclusion of Evidence of Plaintiff's Damages, [filed 10/4/22 (dkt. no. #276 ) ("Saldaya Defendants' MIL No. 1")]2. Order Granting in Part and Denying in Part the Saldaya Defendants' Motion in Limine No. 2 Re: Exclusion of Plaintiff's Treating Providers, [filed 10/4/22 (dkt. no. #277 ) ("Saldaya Defendants' MIL No. 2")]3. Order Granting in Part and Denying in Part the Saldaya Defendants' Motion in Limine No. 3 Re: Exclusion of Certain Testimony and Evidence Regarding Emilee Saldaya, [filed 10/4/22 (dkt. no. #278 ) ("Saldaya Defendants' MIL No. 3")] (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 334
Mail Returned as Undeliverable ( re ECF Nos. #290 and #291 Minute Orders). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804. The Minutes will be resent to Stephanie Byers at 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638 (forwarding address reflected on the envelope). Although a Notice of Change of Address has not been filed, the Clerk's Office has updated the docket to reflect Ms. Byers' forwarding address: 30980 Scott Park Rd., TRLR 23, Long Grove, IA 52756-9638. (Attachments: #1 ECF No. 290 Minute Order, #2 ECF No. 291 Amended Minute Order) (eta)
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Filing 333
EO: COURT'S RULINGS RE DEFENDANTS ANNE CROUDACE, KATE PAVLOVSKY AND JANE HOPAKI'S MOTIONS IN LIMINE... 1. Order Denying the Croudace Defendants' Motion in Limine No. 1 to Require that Plaintiff Post a Bond or Additional Security, [filed 10/4/22 (dkt. no. #280 ) ("Croudace Defendants' MIL No. 1")]... 2. Order Granting in Part and Denying in Part the Croudace Defendants' Motion in Limine No. 2 to Preclude Evidence of Damages, [filed 10/4/22 (dkt. no. #281 ) ("Croudace Defendants MIL No. 2")]... 3. Order Granting in Part and Denying in Part the Croudace Defendants' Motion in Limine No. 3 to Preclude Testimony About Plaintiff's Alleged Physical Injuries, [filed 10/4/22 (dkt. no. #283 ) ("Croudace Defendants' MIL No. 3")]... 4. Order Granting in Part and Denying in Part the Croudace Defendants' Motion in Limine No. 4 to Preclude Any Opinion Testimony from Plaintiff's Medical Providers, [filed 10/4/22 (dkt. no. #284 ) ("Croudace Defendants' MIL No. 4")]... 5. Order Denying Without Prejudice the Croudace Defendants' Motion in Limine No. 5 to Preclude Witnesses Not Disclosed in Discovery, [filed 10/4/22 (dkt. no. #285 ) ("Croudace Defendants MIL No. 5")] (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 332
EO: COURT'S RULINGS RE PLAINTIFFS MOTIONS IN LIMINE... 1. Order Granting Plaintiff's First Motion in Limine (Exclude Prior Bad Acts), [filed 10/4/22 (dkt. no. #273 ) ("Pl.s MIL No. 1")]... 2. Order Granting in Part and Denying in Part with Limitation Plaintiff's Second Motion in Limine (Exclude Prior Lawsuit), [filed 10/4/22 (dkt. no. #274 ) ("Pl.'s MIL No. 2")]... 3. Order Granting Plaintiff's Third Motion in Limine (Exclude Irrelevant Witnesses), [filed 10/4/22 (dkt. no. #275 ) ("Pl.s MIL No. 3")] (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 331
EO: The District Court for the District of Hawaii is using a jury evidence recording system (JERS) that allows evidence admitted during trial to be viewed electronically. All proposed trial exhibits shall be submitted electronically as outlined in Attachment #1 Jury Evidence Recording System. Additionally, the parties are to provide two copies of exhibits for the Court in a 3 ring binder, tabbed and labeled accordingly. These exhibits are due on Thursday 10/20/2022.An additional exhibit set shall be placed in individual manilla folders and labeled. This exhibit set is due on 10/24/2022. (Attachments: #1 Attachment 1) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 329
EO: COURT ORDER: STRIKING PARAGRAPHS 169 TO 171 OF THE FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL; AND DEEMING WITHDRAWN PLAINTIFF'S MOTION TO AMEND FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff Danny Gallagher's ("Gallagher") operative pleading in this case is his Fourth Amended Complaint for Damages and Demand for Jury Trial, filed on May 22, 2019 ("Fourth Amended Complaint"). [Dkt. no. #79 .] On October 12, 2022, Gallagher filed his Motion to Amend Fourth Amended Complaint for Damages and Demand for Jury Trial ("Motion to Amend"). [Dkt. no. #320 .] The Motion to Amend seeks leave to file a fifth amended complaint, which would be identical to the Fourth Amended Complaint, except that it would not contain the allegations pled in paragraphs 169 to 171 of the Fourth Amended Complaint. Those allegations relate solely to Gallaghers claims against Defendant Vivian Chau Best.The Court discussed Gallagher's Motion to Amend with the parties during an October 14, 2022 status conference. By agreement of the parties, paragraphs 169, 170, and 171 of the Fourth Amended Complaint are STRICKEN, and those allegations will not be part of the claims to be litigated at trial. Gallaghers Motion to Amend is therefore DEEMED WITHDRAWN. Gallagher's Fourth Amended Complaint will remain his operative pleading in this case. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 330
Mail Returned as Undeliverable (re ECF No. #310 EO: COURT ORDER DENYING DEFENDANTS ANNE CROUDACE, JANE HOPAKI, AND KATE PAVLOVSKY'S MOTION FOR SANCTIONS, AND TO STRIKE PLAINTIFF DANNY GALLAGHERS FIRST MOTION IN LIMINE (EXCLUDE PRIOR BAD ACTS)). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 5280 returned undelivered. The Minute Order shall be resent to Stephanie Byers at 30980 Scott Park Rd, TRLR 23, Long Grove, IA 52756-9638 (forwarding address reflected on returned mail). (eta)
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Filing 328
EP: Trial Status Conference held by video teleconference ("VTC").Parties present by VTC.Court addresses #320 Plaintiffs MOTION to Amend/Correct Fourth Amended Complaint. Discussion held.Court will issue a minute order directing that the identified portions of the fourth amended complaint are stricken and no longer a part of the claims.Court addresses trial schedule. Discussions held.Court addresses trial exhibits and witnesses. Parties advise the Court they have agreed to some witnesses appearing by VTC. Counsel to meet and confer and submit a list of VTC trial witnesses to the Court by Monday 10/17/2022. List to include name, location, and approximate date to testify. Defense counsel, K. Yolken advises the Court regarding one of his clients needing accommodations for breast feeding, noted.Counsel N. Ando addresses Motions in Limine. Court will issue orders without further hearings. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 327
EO: COURT ORDER: DENYING THE MATERNITYWISE DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; DENYING DEFENDANTS SALDAYA AND BEST'S JOINDER IN THE MOTION TO DISMISS; AND CONVERTING THE HEARING ON THE MOTION TO DISMISS AND JOINDER INTO A STATUS CONFERENCE... Because this the Motion to Dismiss and the Joinder have been denied, a hearing on those matters is not necessary. The hearing on the Motion to Dismiss and the Joinder, currently scheduled for October 14, 2022, at 2:30 p.m., by video conference, is therefore CONVERTED to a status conference regarding trial procedure issues and Gallagher's Motion to Amend Fourth Amended Complaint for Damages and Demand for Jury Trial, [filed 10/12/22 (dkt. no. #320 )]. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 326
EO: #320 MOTION to Amend #79 Fourth Amended Complaint for Damages and Demand for Jury Trial will be considered by Magistrate Judge Kenneth J. Mansfield as a Non Hearing Motion. * Any opposition is due by October 17, 2022 #320 MOTION to Amend #79 Fourth Amended Complaint for Damages and Demand for Jury Trial will be taken under submission thereafter. Court to issue Order. Ripe deadline set for 10/17/2022. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 325
ORDER GRANTING #321 Motion to Shorten time to hear Motion. Issued by MAGISTRATE JUDGE KENNETH J. MANSFIELD on October 13, 2022. (bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 324
REPLY MEMORANDUM in Support re #263 MOTION to Dismiss for Lack of Jurisdiction filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Yolken, Kevin) Modified on 10/13/2022 (eta).
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Filing 323
Mail Returned as Undeliverable (re ECF No. #292 ORDER DENYING DEFENDANT EMILEE SALDAYA'S MOTION FOR AUDIO AND VISUAL FEED DURING TRIAL, [FILED 9/27/22 (DKT. NO. 262 )). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. The order shall be resent to Stephanie Byers at 30980 Scott Park Rd, TRLR 23, Long Grove, IA 52756-9638 (forwarding address reflected on returned mail). (eta)
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Filing 322
REPLY MEMORANDUM IN SUPPORT of #263 MOTION to Dismiss for Lack of Jurisdiction filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Certificate of Service)(Ando, Nadine) Modified on 10/12/2022 (eta).
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Filing 321
MOTION to Shorten Time to hear Motion re #320 MOTION to Amend/Correct #79 Amended Complaint, Fourth Amended Complaint for Damages and Demand for Jury Trial ; Declaration of Megan K. Kau; Certificate of Service Megan K. Kau appearing for Plaintiff Danny Gallagher (Kau, Megan) Modified on 10/12/2022 (eta).
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Filing 320
MOTION to Amend/Correct #79 Amended Complaint, Fourth Amended Complaint for Damages and Demand for Jury Trial; Declaration of Megan K. Kau; Certificate of Service Megan K. Kau appearing for Plaintiff Danny Gallagher (Kau, Megan) Modified on 10/12/2022 (eta).
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Filing 319
TRIAL BRIEF . filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky.(Yolken, Kevin)
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Filing 318
OBJECTION TO PLAINTIFF'S PROPOSED EXHIBITS filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Yolken, Kevin)
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Filing 317
OBJECTION TO PLAINTIFF DANNY GALLAGHER'S EXHIBITS filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Exhibit 49, #2 Certificate of Service)(Ando, Nadine)
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Filing 316
Proposed Jury Instructions. filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Yolken, Kevin)
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Filing 315
MEMORANDUM in Opposition re #275 Third MOTION in Limine (Exclude Irrelevant Witnesses) filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Lisa Kimura, #5 Certificate of Service)(Ando, Nadine)
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Filing 314
Plaintiff's Proposed Special Verdict Form; Certificate of Service (Attachments: #1 Exhibit 1)(Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 313
Proposed Jury Instructions. filed by Danny Gallagher. (Attachments: #1 Exhibit 1)(Kau, Megan)
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Filing 312
CONCISE STATEMENT of Facts Joint Submission of Concise Statement of the Case filed by Danny Gallagher. (Kau, Megan)
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Filing 311
OBJECTION Plaintiff's Objections to Defendants Emilee Saldaya and Vivian Best's Exhibits filed by Danny Gallagher. (Kau, Megan)
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Filing 310
EO: COURT ORDER DENYING DEFENDANTS ANNE CROUDACE, JANE HOPAKI, AND KATE PAVLOVSKY'S MOTION FOR SANCTIONS, AND TO STRIKE PLAINTIFF DANNY GALLAGHERS FIRST MOTION IN LIMINE (EXCLUDE PRIOR BAD ACTS) (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 309
MEMORANDUM in Opposition re #275 Third MOTION in Limine (Exclude Irrelevant Witnesses) filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Yolken, Kevin)
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Filing 308
MEMORANDUM in Opposition re #274 Second MOTION in Limine (Exclude Prior Lawsuit) filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Yolken, Kevin)
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Filing 307
MEMORANDUM in Opposition re #273 First MOTION in Limine (Exclude Prior Bad Acts) filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky. (Yolken, Kevin)
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Filing 306
MEMORANDUM in Opposition re #285 MOTION in Limine NO. 5 TO PRECLUDE WITNESSES NOT DISCLOSED IN DISCOVERY ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Attachments: #1 Exhibit 1)(Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 305
MEMORANDUM in Opposition re #284 MOTION in Limine NO. 4 TO PRECLUDE ANY OPINION TESTIMONY FROM PLAINTIFF'S MEDICAL PROVIDERS ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 304
MEMORANDUM in Opposition re #283 MOTION in Limine NO. 3 TO PRECLUDE TESTIMONY ABOUT PLAINTIFF'S ALLEGED PHYSICAL INJURIES ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 303
MEMORANDUM in Opposition re #281 MOTION in Limine NO. 2 TO PRECLUDE EVIDENCE OF DAMAGES ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 302
MEMORANDUM in Opposition re #280 MOTION in Limine NO. 1 TO REQUIRE THAT PLAINTIFF POST A BOND OR ADDITIONAL SECURITY filed by Danny Gallagher. (Attachments: #1 Declaration of Danny Gallagher)(Kau, Megan)
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Filing 301
MEMORANDUM in Opposition re #274 Second MOTION in Limine (Exclude Prior Lawsuit) filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Ando, Nadine)
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Filing 300
OBJECTION Plaintiff's Objections to Defendants Ann Croudace, Jane Hopaki, and Kate Pavlovsky's Exhibits filed by Danny Gallagher. (Kau, Megan)
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Filing 299
MEMORANDUM in Opposition re #273 First MOTION in Limine (Exclude Prior Bad Acts) filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Ando, Nadine)
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Filing 298
MEMORANDUM in Opposition re #278 Third MOTION in Limine RE: EXCLUSION OF CERTAIN TESTIMONY AND EVIDENCE REGARDING EMILEE SALDAYA ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 297
MEMORANDUM in Opposition re #277 Second MOTION in Limine RE: EXCLUSION OF PLAINTIFF'S TREATING PROVIDERS; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 296
MEMORANDUM in Opposition re #276 First MOTION in Limine RE: EXCLUSION OF EVIDENCE OF PLAINTIFF'S DAMAGES ; Declaration of Megan K. Kau; Certificate of Service filed by Danny Gallagher. (Kau, Megan) Modified on 10/11/2022 (eta).
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Filing 295
MOTION for Sanctions , AND TO STRIKE PLAINTIFF DANNY GALLAGHER'S FIRST MOTION IN LIMINE (EXCLUDE PRIOR BAD ACTS) Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Kevin A. Yolken, #3 Certificate of Service)(Yolken, Kevin)
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Filing 294
MEMORANDUM in Opposition re #263 MOTION to Dismiss for Lack of Jurisdiction filed by Danny Gallagher. (Attachments: #1 Declaration of Samantha Baldwin, #2 Declaration of Michael Tengan, #3 Declaration of Megan K. Kau, #4 Exhibit A, #5 Certificate of Service)(Kau, Megan)
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Filing 293
EO: #268 MOTION for Joinder re #263 MOTION to Dismiss for Lack of Jurisdiction ; Motion Hearing is set for 10/14/2022 02:30 PM in Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 292
ORDER DENYING DEFENDANT EMILEE SALDAYA'S MOTION FOR AUDIO AND VISUAL FEED DURING TRIAL, [FILED 9/27/22 (DKT. NO. #262 ) - Signed by JUDGE LESLIE E. KOBAYASHI on 10/7/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on October 7, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 291
AMENDED EO: COURT ORDER RE COURT'S INCLINATION TO EXCUSE JURORS BASED ON THEIR PROSPECTIVE RESPONSES TO COVID QUESTIONS AND AVAILABILITY AS TO GROUP 3 RECEIVED ON 10/5/22The Court is inclined to excuse the following prospective jurors (who are identified by their juror numbers only) for cause based on their responses relating to COVID-19 issues and availability:100351926, 100364889, 100347064, 100341520, 100342197, 100357153, 100353925, 100337145, 100338996, 100358209, 100351766, 100334736, 100359750, 100354075, 100360504, 100363371, 100359833, 100365964, 100357152, 100350766, 100344725, 100337435, 100357903,100366313, 100335393, 100344054, 100359335, 100351875, 100338996 The parties are instructed to file any objections to the excusals by no later than 12:00 pm on October 7, 2022. The Court will rule on the objections thereafter and, if there are no objections, the identified prospective jurors will be notified of the excusals by 4:00 pm on October 7, 2022. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 290
EO: COURT ORDER RE COURT'S INCLINATION TO EXCUSE JURORS BASED ON THEIR PROSPECTIVE RESPONSES TO COVID QUESTIONS AND AVAILABILITY AS TO GROUP 3 RECEIVED ON 10/5/22The Court is inclined to excuse the following prospective jurors (who are identified by their juror numbers only) for cause based on their responses relating to COVID-19 issues and availability:100351926, 100364889, 100347064, 100341520, 100342197, 100357153, 100353925, 100337145, 100358209, 100351766, 100334736, 100359750, 100354075, 100360504, 100363371, 100359833, 100365964, 100357152, 100350766, 100344725, 100337435, 100357903, 100366313, 100335393, 100344054, 100359335, 100351875, 100338996The parties are instructed to file any objections to the excusals by no later than 12:00 pm on October 7, 2022. The Court will rule on the objections thereafter and, if there are no objections, the identified prospective jurors will be notified of the excusals by 4:00 pm on October 7, 2022. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 289
REDACTION (REDACTED EXHIBIT "A") to #278 Third MOTION in Limine RE: EXCLUSION OF CERTAIN TESTIMONY AND EVIDENCE REGARDING EMILEE SALDAYA by Emilee Saldaya. (Ando, Nadine) Modified on 10/5/2022 (eta).
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Filing 288
REDACTION (REDACTED EXHIBITS "E" - "F") to #277 Second MOTION in Limine RE: EXCLUSION OF PLAINTIFF'S TREATING PROVIDERS by Vivian Chau Best, Emilee Saldaya. (Ando, Nadine) Modified on 10/5/2022 (eta).
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Filing 287
REDACTION (REDACTED EXHIBITS "E"-"F" ) to #276 First MOTION in Limine RE: EXCLUSION OF EVIDENCE OF PLAINTIFF'S DAMAGES by Vivian Chau Best, Emilee Saldaya. (Ando, Nadine) Modified on 10/5/2022 (eta).
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ADVISORY ENTRY. Personal Identifiers - Please be advised that exhibits submitted in support of the following docket entries #276 First MOTION in Limine RE: EXCLUSION OF EVIDENCE OF PLAINTIFF'S DAMAGES, #277 Second MOTION in Limine RE: EXCLUSION OF PLAINTIFF'S TREATING PROVIDERS and #278 Third MOTION in Limine RE: EXCLUSION OF CERTAIN TESTIMONY AND EVIDENCE REGARDING EMILEE SALDAYA filed by Vivian Chau Best and Emilee Saldaya contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary. The filing party may submit a redacted version of the affected exhibits. Any submission of redacted exhibits should be filed together with a caption cover page, that references the case number, a document caption and includes counsel identification. For e-filing purposes, select the filing event "Redacted Document" from the "Other Filings" category. When prompted, please "link" the redacted exhibits to the appropriate underlying motions. (eta)
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Filing 286
Final Witness List. filed by Anne Croudace, Jane Hopaki, Kate Pavlovsky.(Yolken, Kevin) Modified on 10/5/2022 (eta).
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Filing 285
MOTION in Limine NO. 5 TO PRECLUDE WITNESSES NOT DISCLOSED IN DISCOVERY Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 284
MOTION in Limine NO. 4 TO PRECLUDE ANY OPINION TESTIMONY FROM PLAINTIFF'S MEDICAL PROVIDERS Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 283
MOTION in Limine NO. 3 TO PRECLUDE TESTIMONY ABOUT PLAINTIFF'S ALLEGED PHYSICAL INJURIES Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 282
Final Trial Witness List. filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Certificate of Service)(Ando, Nadine) Modified on 10/4/2022 (eta).
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Filing 281
MOTION in Limine NO. 2 TO PRECLUDE EVIDENCE OF DAMAGES Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 280
MOTION in Limine NO. 1 TO REQUIRE THAT PLAINTIFF POST A BOND OR ADDITIONAL SECURITY Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Yolken, Kevin)
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Filing 279
Witness List. filed by Danny Gallagher.(Kau, Megan)
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Filing 278
Third MOTION in Limine RE: EXCLUSION OF CERTAIN TESTIMONY AND EVIDENCE REGARDING EMILEE SALDAYA Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Attachments: #1 Memorandum IN SUPPORT OF MOTION, #2 Declaration OF NADINE Y. ANDO, #3 Exhibit A (RESTRICTED) , #4 Certificate of Service)(Ando, Nadine) Modified on 10/5/2022 Exhibit A is restricted to case participants and the Court. The filer has submitted a redacted exhibit, see ECF No. #289 (eta).
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Filing 277
Second MOTION in Limine RE: EXCLUSION OF PLAINTIFF'S TREATING PROVIDERS Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Attachments: #1 Memorandum IN SUPPORT OF MOTION, #2 Declaration OF NADINE Y. ANDO, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E (RESTRICTED) , #8 Exhibit F (RESTRICTED) , #9 Certificate of Service)(Ando, Nadine) Modified on 10/5/2022 Exhibits E & F are restricted to case participants and the Court. The filer has submitted redacted exhibits, see ECF No. #288 (eta).
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Filing 276
First MOTION in Limine RE: EXCLUSION OF EVIDENCE OF PLAINTIFF'S DAMAGES Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Attachments: #1 Memorandum IN SUPPORT OF MOTION, #2 Declaration OF NADINE Y. ANDO, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E (RESTRICTED) , #8 Exhibit F (RESTRICTED) , #9 Exhibit G, #10 Exhibit H, #11 Certificate of Service)(Ando, Nadine) Modified on 10/5/2022 Exhibits E & F are restricted to case participants and the Court. The filer has submitted redacted exhibits, see ECF No. #287 (eta).
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Filing 275
Third MOTION in Limine (Exclude Irrelevant Witnesses) Megan K. Kau appearing for Plaintiff Danny Gallagher (Attachments: #1 Memorandum, #2 Declaration of Danny Gallagher, #3 Declaration of Megan Kau, #4 Certificate of Service)(Kau, Megan)
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Filing 274
Second MOTION in Limine (Exclude Prior Lawsuit) Megan K. Kau appearing for Plaintiff Danny Gallagher (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Danny Gallagher, #3 Declaration of Megan Kau, #4 Exhibit 1, #5 Exhibit 2, #6 Certificate of Service)(Kau, Megan)
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Filing 273
First MOTION in Limine (Exclude Prior Bad Acts) Megan K. Kau appearing for Plaintiff Danny Gallagher (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Megan Kau, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Certificate of Service)(Kau, Megan)
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Filing 272
EO: COURT ORDER RE COURT'S INCLINATION TO EXCUSE JURORS BASED ON THEIR PROSPECTIVE RESPONSES TO COVID QUESTIONS AND AVAILABILITY AS TO GROUP 2 RECEIVED ON 10/3/22The Court is inclined to excuse the following prospective jurors (who are identified by their juror numbers only) for cause based on their responses relating to COVID-19 issues and availability:100357793, 100349210, 100360205, 100373720, 100342378, 100339077, 100366729The parties are instructed to file any objections to the excusals by no later than 12:00 pm on October 7, 2022. The Court will rule on the objections thereafter and, if there are no objections, the identified prospective jurors will be notified of the excusals by 4:00 pm on October 7, 2022. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 271
EO: COURT ORDER RE COURT'S INCLINATION TO EXCUSE JURORS BASED ON THEIR PROSPECTIVE RESPONSES TO COVID QUESTIONS AND AVAILABILITY AS TO GROUP 1 RECEIVED ON 9/29/22The Court is inclined to excuse the following prospective jurors (who are identified by their juror numbers only) for cause based on their responses relating to COVID-19 issues and availability:100361679, 100352830, 100339815, 100364193, 100370261, 100358726, 100339091, 100367376, 100336666, 100373866, 100358498, 100361984, 100363471, 100356097The parties are instructed to file any objections to the excusals by no later than 12:00 pm on October 7, 2022. The Court will rule on the objections thereafter and, if there are no objections, the identified prospective jurors will be notified of the excusals by 4:00 pm on October 7, 2022. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 270
EO: COURT ORDER DENYING AS MOOT EX PARTE MOTION TO SHORTEN TIME FOR HEARING ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, [FILED 9/29/22 (DKT. NO. #267 )] (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 269
COURT ACTION:EO: COURT ORDER SETTING EXPEDITED BRIEFING SCHEDULEOn 9/27/2022, Emilee Saldaya ("Saldaya") filed Dkt. #262 ; a Motion for Audio and Visual Feed During Trial. On 9/28/2022, Anne Croudace, Jane Hopaki, and Kate Pavlovsky ("Defendants") filed Dkt. #263 ; a Motion to Dismiss for Lack of Jurisdiction.Due to the trial scheduled to commence on 10/24/2022, Court sets the following Motion hearing and expedited briefing schedule for both the Saldaya and Defendants Motions:Opposition memorandum due: 10/7/2022.Reply memorandum due: 10/12/2022.A Motion hearing on Saldaya #262 Motion for Audio and Visual Feed During Trial and Defendants #263 Motion to Dismiss for Lack of Jurisdiction is set for 10/14/2022 at 02:30 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 268
MOTION for Joinder re #263 MOTION to Dismiss for Lack of Jurisdiction Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Attachments: #1 Certificate of Service)(Ando, Nadine)
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Filing 267
Ex Parte MOTION to Shorten Time to hear Motion re #263 MOTION to Dismiss for Lack of Jurisdiction Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Declaration of Kevin A. Yolken, #2 Supplement Proposed Order Granting Defendants Ex Parte Motion to Shorten Time for Hearing on Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, #3 Certificate of Service)(Yolken, Kevin)
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Filing 266
Errata re #263 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit 2 Amended, #2 Certificate of Service)(Yolken, Kevin)
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Filing 265
Second Amended Final Pretrial Conference Statement by Danny Gallagher . (Kau, Megan) Modified on 10/2/2022 (eta).
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Filing 264
First Amended Final Pretrial Conference Statement by Danny Gallagher . (Kau, Megan) Modified on 9/29/2022 (eta).
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Filing 263
MOTION to Dismiss for Lack of Jurisdiction Kevin A Yolken appearing for Defendants Kate Pavlovsky, Jane Hopaki, Anne Croudace (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Kevin A. Yolken, #3 Exhibit 1, #4 Exhibit 2, #5 Certificate of Service)(Yolken, Kevin)
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Filing 262
MOTION for Audio and Visual Feed During Trial Nadine Y. Ando appearing for Defendant Emilee Saldaya (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Nadine Y. Ando, #3 Exhibit A, #4 Certificate of Service)(Ando, Nadine)
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Filing 261
EP: Final Pretrial Conference held on 9/19/2022. (Zoom Tele-Conference 9:05 - 9:20) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) was sent to Pro Se Defendants Stephanie Byers at the verified email address of musigirl1986@yahoo.com and to Pro Se Defendant Bethany Kirillov at the verified email address of bkirillova95@gmail.com on 09-19-2022.
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Filing 260
EO: Due to a conflict in the Court's schedule, the Telephonic Final Pretrial Conference TIME IS ADVANCED from 9:45 a.m. to 9:00 a.m. on the same date of September 19, 2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our NEW ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Modified on 9/15/2022 - A courtesy email of this Notice of Electronic Filing (NEF) was sent to Pro Se Defendants Stephanie Byers at the verified email address of musigirl1986@yahoo.com and to Pro Se Defendant Bethany Kirillov at the verified email address of bkirillova95@gmail.com on 09/15/2022 (bbb).
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Filing 259
First Amended Final Pretrial Conference Statement by Vivian Chau Best, Emilee Saldaya . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Ando, Nadine) Modified on 9/15/2022 (eta).
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Filing 258
Final Pretrial Conference Statement by Vivian Chau Best, Emilee Saldaya . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Ando, Nadine) Modified on 9/15/2022 (eta).
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Filing 257
Pretrial Conference Statement by Vivian Chau Best, Emilee Saldaya . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Ando, Nadine)
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Filing 256
Pretrial Conference Statement by Anne Croudace, Jane Hopaki, Kate Pavlovsky . (Yolken, Kevin)
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Filing 255
Final Pretrial Conference Statement by Danny Gallagher ; Certificate of Service. (Kau, Megan) Modified on 9/13/2022 (eta).
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Filing 254
EO: ORDER DENYING DEFENDANT EMILEE SALDAYA'S MOTION TO CONTINUE TRIAL AND ALL PRETRIAL DEADLINES NOT YET EXPIRED (JUDGE LESLIE E. KOBAYASHI)(afe)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 253
MOTION to Continue Trial and All Pretrial Deadlines Not Yet Expired Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Nadine Y. Ando, #3 Certificate of Service)(Ando, Nadine)
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Filing 252
NOTICE of Appearance by Dara Sayuri Nakagawa on behalf of Vivian Chau Best, Emilee Saldaya on behalf of Vivian Chau Best, Emilee Saldaya. (Nakagawa, Dara)
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Filing 251
EO: The court has continued settlement discussions with the parties and confirmed they are at an impasse. The court therefore cancels the July 26, 2022 settlement conference. If any party would like to materially change its settlement position, counsel shall contact the magistrate judge directly. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 250
EP: FURTHER SETTLEMENT CONFERENCE WITH PLAINTIFFS ONLY held via Video Tele-Conference. The Court met with the parties. Settlement discussions held. No settlement reached at this time(ZOOM / Video Tele-Conference (VTC) No Record - 3:00 - 3:10) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 249
EP: FURTHER SETTLEMENT CONFERENCE WITH DEFENDANTS ONLY held via Video Tele-Conference. The Court met with the parties. Settlement discussions held. No settlement reached at this time.(ZOOM / Video Tele-Conference (VTC) No Record - 10:00 - 10:15) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 248
CORRECTED THIRD AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on April 11, 2022. (bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the verified email address of bkirillova95@gmail.com and to Stephanie Byers at the verified email address of musigirl1986@yahoo.com on April 11, 2022.
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Filing 247
EO: In light of the #238 Stipulation and Order signed by District Judge Leslie E. Kobayashi, the Telephonic Final Pretrial Conference IS CONTINUED FROM September 13, 2022 to September 19, 2022 at 9:45 a.m. to be presided by MAGISTRATE JUDGE KENNETH J. MANSFIELD. Final Pretrial Statement by September 12, 2022.Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 246
EO: At Plaintiffs' request, the Early Settlement Conference set for April 11, 2022 shall be scheduled as follows: Early Settlement Conference with All Defendants shall remain as previously set forth for April 11, 2022 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference with Plaintiffs shall be rescheduled to the afternoon at 3:00 p.m. on April 11, 2022 by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the verified email address of bkirillova95@gmail.com and to Stephanie Byers at the verified email address of musigirl1986@yahoo.com on April 7, 2022.
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Filing 245
Mail Returned as Undeliverable (re ECF Nos. #243 Minutes, #244 Third Amended Rule 16 Scheduling Order). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (Attachments: #1 ECF No. 243 Minutes, #2 ECF No. 244 Third Amended Rule 16 Scheduling Order) (eta)
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Filing 244
THIRD AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on February 8, 2022. (bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the verified email address of bkirillova95@gmail.com and to Stephanie Byers at the verified email address of musigirl1986@yahoo.com on February 8, 2022.
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Filing 243
EO: In light of the #238 Stipulation and Order to Continue Trial, dates are given as follows: Jury Selection/Trial is set for October 24, 2022 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Telephonic Final Pretrial Conference is set for September 13, 2022 at 9:45 a.m. before JUDGE LESLIE E. KOBAYASHI. Early Settlement Conference is set for April 11, 2022 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for July 26, 2022 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions Deadline CLOSED. Discovery Deadline CLOSED.One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 Court to issue a Third Amended Rule 16 Scheduling Order.(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the verified email address of bkirillova95@gmail.com and to Stephanie Byers at the verified email address of musigirl1986@yahoo.com on February 8, 2022. Modified on 2/8/2022 (bbb).
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Filing 241
Mail Returned as Undeliverable (re ECF No. #239 Order Adopting Magistrate Judge's Findings and Recommendation). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (eta)
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Filing 240
Mail Returned as Undeliverable ( re ECF No. #238 Stipulation and Order to Continue Trial). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (eta)
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Filing 242
Mail Returned as Undeliverable (re ECF No. 236 Minute Order). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (eta)
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Filing 239
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re #233 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/20/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on January 20, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 238
STIPULATION AND ORDER TO CONTINUE TRIAL - Signed by JUDGE LESLIE E. KOBAYASHI on 1/19/2022. (1) The Court finds good cause to continue the trial in the above captioned matter from February 27, 2022 at 9:00 a.m. to October 24, 2022 at 9:00 a.m. before the Honorable Judge Leslie E. Kobayashi. (2) The Final Pretrial Conference will be held on September 19, 2022 at 10:00 a.m. before the Honorable Magistrate Judge Rom A. Trader. (3) The Dispositive Motions Deadline and Discovery Deadline shall remain closed. Final Pretrial Conference is CONTINUED to 9/19/2022 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Jury Selection/Trial is CONTINUED to 09:00 AM on 10/24/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (eta)COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on January 20, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 237
Mail Returned as Undeliverable (re ECF No. #235 Minutes). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (eta)
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Filing 236
EO : Pursuant to the Temporary General Order issued on 12/27/2021 by Chief Judge Seabright, suspending all Jury trials till March 1, 2022. The parties are in agreement to continue the trial date from 2/28/2022 as proposed below:Proposed new dates:Jury Selection/Trial: 10/24/2022 at 9am before Judge Kobayashi.Final Pretrial Conference: 9/19/2022 at 10:00 AM before Judge Trader. Dispositive Motions Deadline: CLOSED. Discovery Deadline: CLOSED.Plaintiff's counsel to prepare Stipulation and submit to kobayashi_orders@hid.uscourts.gov for Judge Leslie E. Kobayashi's consideration. (JUDGE LESLIE E. KOBAYASHI) (afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 235
EP: FURTHER SETTLEMENT CONFERENCE held via Video Tele-Conference on January 6, 2022. The Court met with the parties. Settlement discussions held. No settlement reached at this time.Parties will continue discussions directly and with the magistrate judge. (Video Tele-Conference (VTC) No Record - 10:00 - 12:40) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 234
Mail Returned as Undeliverable (re ECF No. #233 FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF DANNY GALLAGHER'S MOTION TO ENTER A DEFAULT JUDGMENT AGAINST DEFENDANTS STEPHANIE BYERS AND BETHANY KIRILLOV). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (eta)
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Filing 233
FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF DANNY GALLAGHER'S MOTION TO ENTER A DEFAULT JUDGMENT AGAINST DEFENDANTS STEPHANIE BYERS AND BETHANY KIRILLOV re: #231 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/30/2021. Based upon the foregoing, the Court FINDS AND RECOMMENDS that the district court DENY the Motion to Enter a Default Judgment Against Defendants Stephanie Byers and Bethany Kirillov (ECF No. #231 ). (jo) COURT'S CERTIFICATE OF SERVICE - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on December 30, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 232
CORRECTED SECOND AMENDED SCHEDULING ORDER: SETTLEMENT:13. A settlement conference shall be held on January 6, 2022, at 9:45 a.m. before the Honorable Kenneth J. Mansfield, United States Magistrate Judge by Video Tele-Conference (VTC).14. Each party shall deliver to the presiding Magistrate Judge a confidential settlement conference statement by December 30, 2021. The parties are directed to LR 16.5(b) for the requirements of the confidential settlement conference Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on December 30, 2021. (bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 231
MOTION for Default Judgment as to Defendant's Stephanie Byers and Bethany Kirillov; Declaration of Megan K. Kau; Certificate of Service Megan K. Kau appearing for Plaintiff Danny Gallagher (Kau, Megan) Modified on 12/14/2021 (eta).
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Filing 230
Mail Returned as Undeliverable (re ECF No. #228 Minute Order, ECF No. #229 Second Amended Rule 16 Scheduling Order). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (Attachments: #1 ECF No. 228 Minute Order, #2 ECF No. 229 Second Amended Rule 16 Scheduling Order) (eta)
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Filing 229
SECOND AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on October 28, 2021. (bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the email address of bkirillova95@gmail.com and Stephanie Byers at the email address of musigirl1986@yahoo.com on 10/28/2021.
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Filing 228
EO: In light of the #225 Minutes, new dates are given as follows: Jury Selection/Trial is set for 02/28/2022 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Telephonic Final Pretrial Conference is set for 01/31/2022 at 9:45 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 01/06/2022 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions Deadline CLOSED. Discovery Deadline CLOSED.One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Defendants Bethany Kirillov at the email address of bkirillova95@gmail.com and Stephanie Byers at the email address of musigirl1986@yahoo.com on 10/28/2021. Modified on 10/28/2021 (bbb).
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Filing 227
Mail Returned as Undeliverable (re ECF No. #225 Minutes). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered. (emt, )
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Filing 226
Mail Returned as Undeliverable (re ECF No. #223 WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANTS EMILEE SALDAYA AND VIVIAN CHAU BEST; ORDER). Mail sent to Stephanie Byers at 2342 W Locust Street, Davenport, IA 52804 returned undelivered, not deliverable as addressed. (emt, )
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Filing 225
EP: TRIAL STATUS CONFERENCE held by video teleconference (VTC).Court addresses the parties regarding a new trial date. Discussion held.Final Pretrial Conference is set for 1/31/2022 at 09:30 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Jury Selection/Trial is set for 09:00 AM on 2/28/2022 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Any unexpired trial deadlines to be adjusted consistent with new trial date. All expired deadlines to remain closed. (Reporter-Gloria Bediamol) (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 224
NOTICE of Appearance by Nadine Y. Ando on behalf of Vivian Chau Best, Emilee Saldaya on behalf of Vivian Chau Best, Emilee Saldaya. (Ando, Nadine)
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Filing 223
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANTS EMILEE SALDAYA AND VIVIAN CHAU BEST; ORDER - Signed by JUDGE LESLIE E. KOBAYASHI on 6/15/2021. Attorney Dara Sayuri Nakagawa terminated. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on June 15, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 221
EP: TRIAL STATUS HEARING held by video teleconference (VTC). Court addresses the current status of the case and the parties remaining, including pro se defendants. Discussion heldTrial date and trial related deadlines are VACATED.Counsel to meet and confer to discuss an agreed upon trial date. If an agreement is reached the parties may submit a letter to Judge Kobayashi for consideration.Further trial status conference set for 6/18/2021 at 01:30 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI.The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing.Pro se defendants may participate in conference by contacting Judge Kobayashis courtroom manager at: 808-541-1894.Clerks Office is directed to mail notice of minutes by certified mail to pro se defendants.(Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 220
EO: At the direction of the Court, a Trial Status Conference is set for 5/17/2021 at 01:30 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 219
EO: COURT ORDER DENYING MOTION FOR RECONSIDERATION OF THIS COURT'S JANUARY 27, 2021 ORDER. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 218
WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND ORDER - Signed by JUDGE LESLIE E. KOBAYASHI. Attorney Megan K. Kau for Danny Gallagher added. Attorney Jose Utzurrum terminated. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on March 12, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 217
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM re #195 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/9/2021. For the foregoing reasons, Gallagher's Motion to Dismiss First Amended Counterclaim of Vivian Chau Best [F.R.C.P. 12(b)(6)], filed June 30, 2020, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED, to the extent that Best's First Amended Counterclaim, filed June 10, 2020, is DISMISSED. However, the Motion is DENIED, to the extent that Best is HEREBY GRANTED leave to file a motion for leave to file a second amended counterclaim. Best's motion for leave to file a second amended counterclaim must be filed by March 31, 2021. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillov and Stephanie Byers served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on March 9, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 216
EO: COURT ORDER REGARDING MOTION FOR RECONSIDERATION OF THIS COURTS JANUARY 27, 2021 ORDER.On January 27, 2021, the Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment and Joinders Therein was issued ("1/27/21 Order"). [Dkt. no. #214 .] On February 11, 2021, Defendants Anne Croudace, Jane Hopaki, and Kate Pavlovsky filed their motion for reconsideration of the 1/27/21 Order ("Reconsideration Defendants" and "Motion for Reconsideration"). [Dkt. no. #215 .]The Motion for Reconsideration will be decided without a hearing and without further briefing. See Local Rule LR7.1(d) (listing motions for reconsideration among the motions that "shall be decided without a hearing"); Local Rule LR60.1 (stating no memorandum in opposition to a motion for reconsideration and no reply in support of a motion for reconsideration "shall be filed unless directed by the court"). The Motion for Reconsideration is TAKEN UNDER ADVISEMENT. A written order ruling on the motion will be issued. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 215
MOTION for Reconsideration re #214 Kevin A Yolken appearing for Defendants Anne Croudace, Jane Hopaki, Kate Pavlovsky (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Yolken, Kevin) Modified on 2/16/2021 (emt, ).
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Filing 214
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND JOINDERS THEREIN re #163 , #168 , #170 , #171 , #213 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/27/2021. For the foregoing reasons, the MaternityWise Defendants' Motion for Summary Judgment, filed April 20, 2020, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as summary judgment is granted in favor of MaternityWise, Boulter, and Lund as to all of Gallagher's claims against them, and the Motion is DENIED as to Plaintiff's claims against Croudace, Hopaki, and Pavlovsky. The Saldaya-Best Joinder, Kirillov Joinder, and Byers Joinder, all filed April 23, 2020, are DENIED. The Clerk's Office is DIRECTED to terminate MaternityWise, Boulter, and Lund as parties on February 11, 2021, unless Gallagher files a timely motion for reconsideration of this Order. (emt, )
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COURT'S CERTIFICATE of Service - a copy of #214 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND JOINDERS THEREIN shall be served by First Class Mail to Bethany Kirillov and Stephanie Byers at the addresses of record on January 28, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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Filing 213
EO: COURT ORDER RULING ON THE MOTION FOR SUMMARY JUDGMENT, FILED ON APRIL 20, 2020, AND THE JOINDERS THEREIN, FILED ON APRIL 23, 2020....the Motion and the Joinders are hereby DENIED. A written order will follow that will supersede these rulings. If any Defendant wishes to file a motion for reconsideration, they must wait until the written order is filed to do so. (JUDGE LESLIE E. KOBAYASHI) (afe)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)DOP=11/6/2020.
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COURT'S CERTIFICATE of Service - a copy of ECF No. 211 Minute Order has been served by First Class Mail to Bethany Kirillov and Stephanie Byers at the addresses of record on October 6, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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Filing 212
EP: SETTLEMENT CONFERENCE held via Video Tele-Conference.Plaintiff Danny Gallagher and father Craig Gallagher are present.The Court met with the parties. Settlement discussions held.No settlement reached at this time The magistrate judge will continue to work with the parties via email and telephone. (via Zoom (No Record) / 10:00 - 12:00) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 211
EO: On February 27, 2020, the Court referred this case to the Civil Pro Bono Panel ("Panel") to find suitable representation for Defendants Bethany Kirillov and Stephanie Byers. ECF No. 155. The Panel has reported to the Court that despite its good faith efforts, it has been unable to obtain pro bono counsel for either Bethany Kirillov or Stephanie Byers. Accordingly, the Court terminates its Order Referring Case to the Civil Pro Bono Panel. The Court reminds Bethany Kirillov and Stephanie Byers that they remain personally responsible for complying with all court orders and time limitations established by any applicable rules. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)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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Filing 210
EO: TRIAL SCHEDULE AND DEADLINES: Jury Selection/Trial is set for 09:00 AM on 7/12/2021 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 6/14/2021 at 01:45 PM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Discovery due by 11/6/2020. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 208
EO: The Court hereby GRANTS Mr. Yolken's 207 request that only counsel be in attendance for the October 5, 2020 Settlement Conference by VTC via Zoom. The Court will be sending a separate email with instructions to all counsel of record on how to connect to the video conference via Zoom at a later date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 207
Letter from Mr. Kevin A. Yolken dated September 14, 2020 regarding only counsel appearance to be present for the October 5, 2020 Settlement Conference. (bbb)
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Filing 206
NOTICE of Appearance by Dara Sayuri Nakagawa on behalf of Vivian Chau Best, Emilee Saldaya on behalf of Vivian Chau Best, Emilee Saldaya. (Nakagawa, Dara)
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Filing 205
EO: Status and trial resetting hearing by video Conference is set for 9/14/2020 at 11:15 AM before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 204
MEMORANDUM in Opposition to Plaintiff and CounterDefendant's Motion to Dismiss First Amended Counterclaim of Vivian Chau Best [F.R.C.P. 12(b)(6)], Filed June 6, 2020 [Dkt. #195 ] filed by Vivian Chau Best. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit "1", #3 Certificate of Service)(Ando, Nadine) Modified on 8/17/2020 to add linkage to underlying motion (emt, ).
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Filing 203
EO: Per counsel Kevin A Yolken, the parties have agreed to vacate the Early Settlement Conference previously set for 08/20/2020. Therefore, the Conference is VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 202
Expert Witness Disclosure. filed by Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky.(Yolken, Kevin)
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Filing 201
EO: COURT ORDER VACATING HEARING ON MOTION TO DISMISS FIRST AMENDED COUNTERCLAIMOn June 10, 2020, Defendant/Counterclaimant Vivian Chau Best ("Best") filed her First Amended Counterclaim. [Dkt. no. 188.] On June 30, 2020, Plaintiff/Counterclaim Defendant Danny Gallagher ("Gallagher") filed his motion to dismiss the First Amended Counterclaim ("Motion"). [Dkt. no. #195 .] Because the Court finds the Motion suitable for disposition without a hearing pursuant to Local Rule 7.1(c), the hearing currently scheduled for September 4, 2020 is VACATED. The deadline for Best's memorandum in opposition remains August 17, 2020 and the deadline for Gallagher's optional reply memorandum remains August 31, 2020. Gallagher's Motion will be taken under advisement thereafter. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 200
EO: The Court determines that the hearing on Defendant's Motion for Summary Judgment #163 , #168 , #170 , #171 is not necessary pursuant to Local Rule LR7.1(c), and hereby VACATES the hearing currently set for July 24, 2020 at 09:45AM. The matter is taken under advisement on the briefs. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 199
EO: The Court GRANTS Mr. Utzurrum's request to appear telephonically at the 7/24/2020 hearing. The courtroom manager will provide the call in information prior to the scheduled hearing. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 197
EO: Plaintiff and Counter Defendant, Danny Gallagher's MOTION #195 to Dismiss First Amended Counterclaim of Vivian Chau Best is set for a briefing schedule and Motion hearing. On 6/30/2020 Plaintiff and Counter Defendant, Danny Gallager, filed a MOTION #195 to Dismiss First Amended Counterclaim of Vivian Chau Best. The Court hereby sets the matter for a MOTION hearing and a briefing schedule.Memorandum in Opposition is due: 8/17/2020.Reply Memorandum is due: 8/31/2020. Motion Hearing is set for 9/4/2020 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. The Court may determine at a later date that the 9/04/2020 Motion hearing may not be necessary and will submit written findings in an Order on the pleadings submitted. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 196
Expert Witness Disclosure. filed by Danny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 195
MOTION to Dismiss First Amended Counterclaim of Vivian Chau Best Jose Utzurrum appearing for Plaintiff Danny Gallagher, Counter Defendant Danny Gallagher (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Utzurrum, Jose) Modified on 7/5/2020 (emt, ).
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Filing 194
REPLY re #193 Reply, AND OBJECTIONS TO PLAINTIFF'S SEPARATE CONCISE STATEMENT OF FACTS IN OPPOSITION TO DEFENDANTS EMILYEE SALDAYA AND VIVIAN CHAU BEST'S MOTION FOR SUMMARY JUDGMENT, FILED MAY 26, 2020 [DKT #180 ]; CERTIFICATE OF SERVICE filed by Vivian Chau Best, Emilee Saldaya. (Ando, Nadine) Modified on 6/16/2020 (emt, ).
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Filing 193
REPLY MEMORANDUM IN SUPPORT OF THEIR SUBSTANTIVE JOINDER TO DEFENDANTS MATERNITYWISE INTERNATIONAL, LLC, ANNE CROUDACE, MADDISON SISLEY BOULTER, JANE HOPAKI, KATE PAVLOVSKY, AND AERIN LUND'S MOTION FOR SUMMARY JUDGMENT FILED APRIL 20, 2020 [DKT. #163 ] (FILED APRIL 23, 2020) [DKT. #168 ]; CERTIFICATE OF SERVICE filed by Vivian Chau Best, Emilee Saldaya. (Ando, Nadine) Modified on 6/16/2020 (emt, ).
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Filing 192
REPLY re #177 Statement in Opposition to Motion, DEFENDANTS' REPLY TO PLAINTIFF'S ADDITIONAL MATERIAL FACTS SET FORTH IN PLAINTIFF'S SEPARATE CONCISE STATEMENT OF FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky. (Yolken, Kevin)
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Filing 191
RESPONSE in Support re #163 MOTION for Summary Judgment filed by Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky. (Yolken, Kevin)
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Filing 190
Confirmation LETTER from Kevin A. Yolken dated June 15, 2020 regarding the Early Settlement Conference. (bbb)
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Filing 189
EO: At Defendant's request with joint agreement of the Plaintiff, the Early Settlement Conference previously set for 06/26/2020 IS CONTINUED TO 08/20/2020 at 10:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference Statements are due by 08/13/2020. Mr. Kevin A. Yolken to notify the parties.In accordance to the the United States District Court for the District of Hawaii's June 1, 2020 and April 16, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, due to the uncertainty of the ongoing pandemic and to minimize traffic into the Courthouse, hard copies of any settlement conference statements need not be delivered to the Clerk's Office. Instead, parties are to submit their confidential settlement statements via email to mansfield_orders@hid.uscourts.gov.Additionally, the email should also include the best contact number at which each party can be reached at the time of this conference, which would also include any client(s)/representative(s) that will be participating for this conference. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 188
Defendant Vivian Chau Best's First Amended COUNTERCLAIM against Danny Gallagher, Amended COUNTERCLAIM against Danny Gallagher , filed by Vivian Chau Best.(Ando, Nadine) Modified on 6/12/2020 to remove duplicate parties, docket text modified (emt, ).
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Filing 187
CERTIFICATE OF SERVICE by Danny Gallagher re #179 Memorandum in Opposition to Motion, #177 Statement in Opposition to Motion, #184 Declaration, #181 Objection, #176 Memorandum in Opposition to Motion, #183 Declaration, #180 Concise Statement in Opposition to Motion, #182 Declaration, #185 Declaration,,, #178 Objection (Utzurrum, Jose)
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Filing 186
CERTIFICATE of Counsel CERTIFICATE RE WORD AND PAGE COUNT PURSUANT TO LOCAL RULE 7.4 re #179 Memorandum in Opposition to Motion, #177 Statement in Opposition to Motion, #176 Memorandum in Opposition to Motion, #180 Concise Statement in Opposition to Motion . (Utzurrum, Jose) Modified on 5/31/2020 (emt, ).
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Filing 185
Declaration of Joe Utzurrum in Support of Opposition to Defendants MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund, Motion for Summary Judgment and Substantive Joinder for Emilee Salday, Vivian Chau Best, Bethany Kirillov and Stephanie Byers re #176 , #177 , #179 , #180 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8A, #9 Exhibit 8B, #10 Exhibit 8C, #11 Exhibit 8D, #12 Exhibit 8E, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28A, #33 Exhibit 28B)(Utzurrum, Jose) Docket text modified on 5/31/2020 (emt, ).
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Filing 184
Declaration of Danny Gallagher in Support of Opposition to Defendants' MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund, Motion for Summary Judgmen and Substantive Joinder for Emilee Salday, Vivian Chau Best, Bethany Kirillov and Stephanie Byers re #176 , #177 , #179 , #180 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Utzurrum, Jose) Docket text modified on 5/28/2020 (emt, ).
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Filing 183
Declaration of Chrystal Docker in Support of Opposition to Defendants MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund Motion for Summary Judgment and Substantive Joinder for Emilee Saday, Vivian Chau Best, Bethany Kirillov and Stephanie Byers #176 , #177 , #179 , #180 . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Utzurrum, Jose) Modified on 5/28/2020 (emt, ).
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Filing 182
Declaration of Samantha Baldwin in Support of Opposition to Defendants MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund, MOTION for Summary Judgment and Substantive Joinder for Emilee Salday, Vivian Chau Best, Bethany Kirillov and Stephanie Byers re #176 , #177 , #179 , #180 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Utzurrum, Jose) Docket text modified on 5/28/2020 (emt, ).
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Filing 181
OBJECTIONS to Evidence in Opposition to Emilee Saldaya and Vivian Chau Best Motion for Summary Judgment re #169 Concise Statement in Support of Motion,, #168 MOTION for Joinder re #163 MOTION for Summary Judgment Filed April 20, 2020 [Dkt. #163]; Certificate of Service filed by Danny Gallagher. (Utzurrum, Jose) Modified on 5/28/2020 (emt, ).
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Filing 180
SEPARATE CONCISE STATEMENT of Facts in Opposition re #168 Defendants Emilee Saldaya and Vivian Chau Best MOTION for Joinder re #163 MOTION for Summary Judgment Filed April 20, 2020 [Dkt. #163]; Certificate of Service filed by Danny Gallagher. (Utzurrum, Jose) Docket text modified on 5/28/2020 (emt, ).
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Filing 179
MEMORANDUM of Points and Authorities in Opposition re #168 Defendants Emilee Saldaya and Vivian Chau Best MOTION for Joinder re #163 MOTION for Summary Judgment Filed April 20, 2020 [Dkt. #163]; Certificate of Service filed by Danny Gallagher. (Utzurrum, Jose) Modified on 5/28/2020 (emt, ).
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Filing 178
OBJECTIONS to Evidence in Opposition AND CERTAIN EVIDENCE PROPOSED THEREIN to #163 Defendants MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund MOTION for Summary Judgment re #165 Concise Statement in Support of Motion filed by Danny Gallagher. (Utzurrum, Jose) Modified on 5/28/2020 (emt, ).
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Filing 177
SEPARATE AND CONCISE STATEMENT of Facts in Opposition re #163 Defendants MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky, and Aerin Lund MOTION for Summary Judgment filed by Danny Gallagher. (Utzurrum, Jose) Docket text m odified on 5/28/2020 (emt, ).
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Filing 176
MEMORANDUM of Points and Authorities in Opposition re #163 Defendants' MaternityWise International LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky and Aerin Lund MOTION for Summary Judgment filed by Danny Gallagher. (Utzurrum, Jose) Docket text modified on 5/28/2020 (emt, ).
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Filing 175
ORDER RE: PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE OF COURT TO EXCEED PAGE LIMITS IN LOCAL RULE 7.4 AND 56.1 IN HIS OPPOSITIONS TO MOTIONS FOR SUMMARY JUDGMENT re #174 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/22/2020. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillova and Stephanie Byers shall be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on May 26, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 174
EX PARTE Application FOR LEAVE OF COURT TO EXCEED PAGE AND WORD COUNT LIMITS IN LOCAL RULE 7.4 AND 56.1 IN ITS OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT Jose Utzurrum appearing for Plaintiff Danny Gallagher, Counter Defendant Danny Gallagher (Attachments: #1 Declaration Joe Utzurrum, #2 Certificate of Service)(Utzurrum, Jose)
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Filing 173
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF/COUNTERCLAIM DEFENDANT'S MOTION TO DISMISS COUNTERCLAIM re #117 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/21/2020. On the basis of the foregoing, Gallagher's Motion to Dismiss [F.R.C.P. 12(b)(6)], filed October 28, 2019, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as Best's Counterclaim, filed October 7, 2019, is HEREBY DISMISSED, and the Motion is DENIED insofar as the dismissal is WITHOUT PREJUDICE. Best is ORDERED to file her amended counterclaim by June 11, 2020 . The amended counterclaim must comply with the terms of this Order. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillova and Stephanie Byers shall be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on May 22, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 172
EO: Defendants Emilee Saldaya, Vivian Chau Best, Bethany Kirillov and Stephanie Byers' MOTIONS #168 , #170 , #171 for Joinder re #163 will beconsidered by Judge Leslie E. Kobayashi at the Motion Hearing set on 7/24/2020 at 9:45 AM. The Court further adopts the same briefing deadlines as previously issued in Dkt. #167 .Memorandum in Opposition is due 5/26/2020.Reply Memorandum is due 6/16/2020. Defendants Defendants Emilee Saldaya, Vivian Chau Best, Bethany Kirillov and Stephanie Byers' MOTIONS #168 , #170 , #171 for Joinder re #163 will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 171
Defendant Stephanie Byers' Substantive MOTION for Joinder re #163 Defendants MaternityWise International, LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky, and Aerin Lund's MOTION for Summary Judgment , filed on April 21, 2020 - by Defendant Stephanie Byers. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (emt, )
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Filing 170
Defendant Bethany Kirillov's Substantive MOTION for Joinder re #163 Defendants MaternityWise International, LLC, Anne Coudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky, and Aerin Lund's MOTION for Summary Judgment, filed on April 21, 2020 - by Defendant Bethany Kirillov. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (emt, )
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Filing 169
Defendants Emilee Saldaya's and Vivian Chau Best's CONCISE STATEMENT in Support re #168 MOTION for Joinder re #163 MOTION for Summary Judgment Filed April 20, 2020 [Dkt. #163]; Certificate of Service ; Declaration of Nadine Y. Ando; Exhibits "1"-"6"; Certificate of Service filed by Vivian Chau Best, Emilee Saldaya. (Attachments: #1 Declaration of Nadine Y. Ando, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Exhibit "4", #6 Exhibit "5", #7 Exhibit "6", #8 Certificate of Service)(Ando, Nadine) Modified on 4/24/2020 (emt, ).
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Filing 168
Defendants Emilee Saldaya's and Vivian Chau Best's Substantive MOTION for Joinder re #163 Defendants MaternityWise International, LLC, Anne Croudace, Maddison Sisley Boulter, Jane Hopaki, Kate Pavlovsky, and Aerin Lund's MOTION for Summary Judgment Filed April 20, 2020 [Dkt. #163]; Certificate of Service Nadine Y. Ando appearing for Defendants Vivian Chau Best, Emilee Saldaya (Ando, Nadine) Docket text modified on 4/24/2020 (emt, ).
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ADVISORY ENTRY. No E-Service of Ex Parte Motion- Please be advised that viewing access to Document #164 EX PARTE Motion for Leave to Exceed Word Limit for Defendants' Memorandum of Law in Support of Motion for Summary Judgment filed by Defendants MaternityWise International, LLC, et al., is restricted to the filing party and the court (filing events from the "Ex Parte" Filings Category, will restrict viewing of the entry to the court and the filing party). The Certificate of Service reflects that service was made electronically through CM/ECF. For future reference only, if the filer intends to effect service through CM/ECF, the motion may be filed as a public document by selecting a filing event from the regular "motions" category. (emt, )
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Filing 167
EO: GRANTING Defendant's EX PARTE MOTION #164 for Leave to Exceed Word Limit for Defendants Memorandum of Law in Support of Motion for summary Judgment, setting a briefing schedule and Motion hearing. On 4/20/2020 Defendant's filed an EX PARTE MOTION #164 for Leave to Exceed Word Limit for Defendants' Memorandum of Law in Support of Motion for summary Judgment. Court hereby GRANTS the EX PARTE MOTION and sets the matter for a MOTION hearing on #163 Defendants MOTION for Summary Judgment and a briefing schedule.Memorandum in Opposition is due: 5/26/2020Reply Memorandum is due: 6/16/2020 Motion Hearing is set for 7/24/2020 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe)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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Filing 166
CERTIFICATE OF SERVICE by Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky re #165 Concise Statement in Support of Motion,,, #163 MOTION for Summary Judgment (Yolken, Kevin)
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Filing 165
CONCISE STATEMENT in Support re #163 MOTION for Summary Judgment filed by Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky. (Attachments: #1 Declaration Declaration of Kevin A. Yolken, #2 Declaration Declaration of Anne Croudace, #3 Declaration Declaration of Kate Pavlovsky, #4 Declaration Declaration of Marisa Stein, #5 Exhibit Exhibit "A", #6 Exhibit Exhibit "B", #7 Exhibit Exhibit "C", #8 Exhibit Exhibit "D", #9 Exhibit Exhibit "E", #10 Exhibit Exhibit "F", #11 Exhibit Exhibit "G", #12 Exhibit Exhibit "H", #13 Exhibit Exhibit "I", #14 Exhibit Exhibit "J", #15 Exhibit Exhibit "K", #16 Certificate of Service)(Yolken, Kevin)
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Filing 164
EX PARTE Motion for Leave to Exceed Word Limit for Defendants' Memorandum of Law in Support of Motion for Summary Judgment Kevin A Yolken appearing for Defendants Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky (Attachments: #1 Memorandum, #2 Declaration, #3 Certificate of Service)(Yolken, Kevin)
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Filing 163
MOTION for Summary Judgment Kevin A Yolken appearing for Defendants Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky (Attachments: #1 Memorandum of Law in Support of Motion and Certificate of Compliance , #2 Certificate of Service)(Yolken, Kevin) Modified on 4/22/2020 (emt, ).
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Filing 162
FIRST AMENDED RULE 16 SCHEDULING ORDER: - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 4/16/2020. (emt, )COURT'S CERTIFICATE of Service - Bethany Kirillova and Stephanie Byers shall be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on April 17, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 161
EO: At the 04/01/2020 #160 TELEPHONIC STATUS CONFERENCE. New dates are given. Paragraph 5 to reflect as follows:5. File motions to Join/Add Parties/Amend Pleadings CLOSED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 160
EP: TELEPHONIC STATUS CONFERENCE held. Discussion held regarding dates. New dates are given as follows: Jury Selection/Trial is set for 01/04/2021 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 11/24/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Further Settlement Conference is set for 06/26/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 10/05/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 08/05/2020. Discovery due by 11/06/2020. Court to issue a First Amended Rule 16 Scheduling Order.(KJM Chambers/AT&T 11:00 - 11:20.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 159
EO: Pursuant to the United States District Court for the District of Hawaii's March 23, 2020 Temporary General Order regarding COVID-19, the Status Conference will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030.Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb, )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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Filing 158
EO: In light of the #157 Request, a Status Conference is set for 04/01/2020 at 11:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 157
First REQUEST for Status Conference by Danny Gallagher. (Utzurrum, Jose)
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Filing 156
EP: STATUS CONFERENCE RE: PRO BONO APPOINTMENTSFOR PRO SE DEFENDANTS held.Discussion held.Court to refer case to Civil Pro Bono Panel.Mr. Yolken to send copies of such order to pro se defendants. (FTR-Ctrm C5 9:34 - 9:48.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 155
ORDER REFERRING CASE TO THE CIVIL PRO BONO PANEL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/27/2020. (emt, )COURTS CERTIFICATE of Service - Bethany Kirillova and Stephanie Byers shall be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on February 28, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 154
EO: Pursuant to #153 Motion Hearings before District Judge Leslie E. Kobayashi, the Court sets a Status Conference re: Pro Bono Appointments for Pro Se Defendants for 02/27/2020 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Counsel Kevin A Yolken to notify the parties. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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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Filing 153
EP: Motion Hearing held on 2/21/2020. Discussion held. #117 PLAINTIFF AND COUNTERDEFENDANT DANNY GALLAGHER'S MOTION TO DISMISS [F.R.C.P. 12(b)(6)] is TAKEN UNDER ADVISEMENT. Court to prepare order.Counsel to contact Magistrate Judge Mansfield regarding pro bono matters. (Court Reporter Debra Read. 9:50AM - 10:10AM ) (JUDGE LESLIE E. KOBAYASHI)(mrf)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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Filing 152
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya (Amended) Re Certificate of Service Re Amended Notice of Taking Videotaped Deposition of Plaintiff Danny Gallagher Upon Oral Examination (Ando, Nadine)
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Filing 151
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya Re Amended Notice of Taking Videotaped Deposition of Plaintiff Danny Gallagher Upon Oral Examination (Ando, Nadine)
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Filing 150
MEMORANDUM in Opposition re #117 First MOTION to Dismiss for failure to State a Claim as to Counterclaim of Vivian Chau Best ; Certificate of Service filed by Vivian Chau Best. (Ando, Nadine)
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Filing 149
NOTICE of (01) Withdrawal of Marguerite S. N. Fujie and (2) Appearance of Nadine Y. Ando by Nadine Y. Ando on behalf of Vivian Chau Best, Emilee Saldaya on behalf of Vivian Chau Best, Emilee Saldaya. (Ando, Nadine) Modified on 1/31/2020 (emt, ).
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Filing 148
CERTIFICATE OF SERVICE by Aerin Lund [Re: Defendant Aerin Lund's (1) Response to Plaintiff's First Request for Admissions; (2) Response to Plaintiff's First Request for Answers to Interrogatories; and (3) Response to Plaintiff's First Request for Production] (Belatti, Della)
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Filing 147
CERTIFICATE OF SERVICE by Kate Pavlovsky [Re: Defendant Kate Pavlovsky's (1) Response to Plaintiff's First Request for Admissions; (2) Response to Plaintiff's First Request for Answers to Interrogatories; and (3) Response to Plaintiff's First Request for Production] (Belatti, Della)
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Filing 146
CERTIFICATE OF SERVICE by Jane Hopaki [Re: Defendant Jane Hopaki's (1) Response to Plaintiff's First Request for Admissions; (2) Response to Plaintiff's First Request for Answers to Interrogatories; and (3) Response to Plaintiff's First Request for Production] (Belatti, Della)
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Filing 145
NOTICE of Appearance by Della A. Belatti on behalf of Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky on behalf of Maddison Sisley Boulter, Anne Croudace, Jane Hopaki, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky. (Belatti, Della)
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Filing 144
CERTIFICATE OF SERVICE by Vivian Chau Best RE: ANSWERS TO PLAINTIFF'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES; RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS; AND RESPONSES TO PLAINTIFF'S FIRST REQUESTS FOR ADMISSION (Fujie, Marguerite)
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Filing 143
CERTIFICATE OF SERVICE by Danny Gallagher Responses to Emilee Saldayas Request for Production of Documents (Utzurrum, Jose)
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Filing 142
CERTIFICATE OF SERVICE by Danny Gallagher Responses to Vivian Chau Bests Request for Production of Documents (Utzurrum, Jose)
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Filing 141
CERTIFICATE OF SERVICE by Danny Gallagher Responses to Emilee Saldayas First Request for Answers to Interrogatories (Utzurrum, Jose)
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Filing 140
CERTIFICATE OF SERVICE by Danny Gallagher Response to Vivian Chau Best First Request for Answers to Interrogatories (Utzurrum, Jose)
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Filing 139
EO: For good cause shown, and given the lack of any opposition, the Court GRANTS the #129 Motion to Withdraw as Counsel for Defendants Bethany Kirillov and Stephanie Byers filed by and on behalf of Eric A. Seitz, Esq., and Kevin A. Yolken, Esq.Pursuant to LR83.5, Bethany Kirillov and Stephanie Byers are now personally responsible for complying with all court orders and time limitations established by any applicable rules. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/06/2019. (mansfield2)
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COURT'S CERTIFICATE OF SERVICE - a copy of the 139 EO has been served by First Class Mail on 12/06/2019 to Defendant Stephanie Byers at her address of record and Defendant Bethany Kirillov at her address indicated in the Certificate of Service attached to the #129 Motion to Withdraw as Counsel (ECF No. 129-2 at 1). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mansfield2)
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Filing 138
STATEMENT of No Position re #129 MOTION to Withdraw as Attorney for Defendants BETHANY KIRRILOV and STEPHANIE BYERS filed by Danny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 137
CERTIFICATE OF SERVICE by Emilee Saldaya Re: Responses to First Request to Admissions; First Request for Answers to Interrogatories; and First Request for Production of Documents dated October 18, 2019 (Fujie, Marguerite)
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Filing 136
EP: EARLY SETTLEMENT CONFERENCE held.Counsel Dara S. Nakagawa appearing on behalf of Defendants Emilee Saldaya and Vivian Chau Best. Plaintiff Danny Gallagher and his father, Elliott Gallagher are present.The Court met with the parties. Settlement discussions held.No settlement reached at this time.Parties will work on possible settlement agreement language and update the Court by December 1, 2019 on the status of those efforts. (KJM Chambers 10:30 - 11:50.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 135
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT VIVIAN CHAU BEST [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT VIVIAN CHAU BEST [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT VIVIAN CHAU BEST [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 134
EO: The hearing on the #129 Motion to Withdraw as Counsel for Defendants Bethany Kirillov and Stephanie Byers is set for 12/10/2019, at 1:30 p.m., in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Any oppositions are due by 12/03/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 133
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya Certificate of Service Re: Defendant Emilee Saldaya's First Request for Production of Document to Plaintiff Danny Gallagher (Nakagawa, Dara)
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Filing 132
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya Certificate of Service Re: Defendant Emilee Saldaya's First Request for Answers to Interrogatories to Plaintiff Danny Gallagher (Nakagawa, Dara)
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Filing 131
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya Certificate of Service Re: Defendant Vivian Chau Best's First Request for Production of Documents to Plaintiff Danny Gallagher (Nakagawa, Dara)
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Filing 130
CERTIFICATE OF SERVICE by Vivian Chau Best, Emilee Saldaya Certificate of Service Re: Defendant Vivian Chau Best's First Request for Answers to Interrogatories to Plaintiff Danny Gallagher (Nakagawa, Dara)
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Filing 129
MOTION to Withdraw as Attorney for Defendants BETHANY KIRRILOV and STEPHANIE BYERS Kevin A Yolken appearing for Defendants Stephanie Byers, Bethany Kirillova (Attachments: #1 Declaration, #2 Certificate of Service)(Yolken, Kevin)
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Filing 128
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT AERIN LUND [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT AERIN LUND [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT AERIN LUND [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 127
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT BETHANY ELLEN KIRILOV [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT BETHANY ELLEN KIRILOV [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT BETHANY ELLEN KIRILOV [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 126
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT KATE PAVLOVSKY [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT KATE PAVLOVSKY [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT KATE PAVLOVSK [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 125
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT STEPHANIE BYERS [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT STEPHANIE BYERS [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT STEPHANIE BYERS [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 124
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT EMILEE SALDAYA [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT EMILEE SALDAYA [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT EMILEE SALDAYA [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 123
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT JANE HOPAKI [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT JANE HOPAKI [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT JANE HOPAKI [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 122
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT MADDISON SISLEY BOULTER [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT MADDISON SISLEY BOULTER [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT MADDISON SISLEY BOULTER [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 121
CERTIFICATE OF SERVICE by Danny Gallagher PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT ANNE CROUDACE [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT ANNE CROUDACE [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT ANNE CROUDACE[Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose)
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Filing 120
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT MATERNITYWISE INTERNATIONAL LLC [Fed. R. Civ. P. 26 and 33]; PLAINTIFFS FIRST REQUESTS FOR ADMISSION TO DEFENDANT MATERNITYWISE INTERNATIONAL LLC [Fed. R. Civ. P. 26 and 36] and PLAINTIFFS FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION TO DEFENDANT MATERNITYWISE INTERNATIONAL LLC [Fed. R. Civ. P. 26 and 34] (Utzurrum, Jose) Modified on 11/7/2019 (ens).
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Filing 119
CERTIFICATE OF SERVICE by Danny Gallagher RE: PLAINTIFFS RESPONSE TO DEFENDANTS [MATERNITYWISE INTERNATIONAL, LLC, ANNE CROUDACE and MADDISON SISLEY BOULTER] FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (Utzurrum, Jose)
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Filing 118
NOTICE of Hearing on Motion #117 Plaintiff's and Counterdefendant's Motion to Dismiss [F.R.C.P. 12(b)(6)]:Motion Hearing is set for 2/21/2020 at 9:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (shm)
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Filing 117
First MOTION to Dismiss for failure to State a Claim as to #111 Counterclaim of Vivian Chau Best Jose Utzurrum appearing for Plaintiff Danny Gallagher, Counter Defendant Danny Gallagher (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Utzurrum, Jose) Modified to include document linkage on 10/29/2019 (ens).
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Filing 116
INITIAL DISCLOSURE by Vivian Chau Best. (Fujie, Marguerite)
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Filing 115
CERTIFICATE OF SERVICE by Anne Croudace, MaternityWise International LLC (Yolken, Kevin)
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Filing 114
CERTIFICATE OF SERVICE by Anne Croudace, MaternityWise International LLC (Yolken, Kevin)
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Filing 113
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT EMILEE SALDAYA AND ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/11/2019. Attorney Marguerite Sandra Nozaki Fujie for Emilee Saldaya added. Attorneys Eric A. Seitz and Kevin A Yolken terminated. (emt, )
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Filing 112
CERTIFICATE OF SERVICE by Maddison Sisley Boulter (Yolken, Kevin)
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Filing 111
Defendant Vivian Chau Best's ANSWER to #79 Amended Complaint, , COUNTERCLAIM against Danny Gallagher by Vivian Chau Best. (Attachments: #1 Counterclaim, #2 Certificate of Service)(Fujie, Marguerite) Modified on 10/8/2019 (emt, ).
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Filing 110
CERTIFICATE OF SERVICE by Maddison Sisley Boulter [Re: DEFENDANT MADDISON SISLEY BOULTER'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES] (Yolken, Kevin)
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Filing 109
CERTIFICATE OF SERVICE by Maddison Sisley Boulter [Re: DEFENDANT MADDISON SISLEY BOULTER'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR RESPONSES TO REQUEST FOR PRODUCTION] (Yolken, Kevin)
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Filing 108
CERTIFICATE OF SERVICE by Maddison Sisley Boulter [Re: DEFENDANT MADDISON SISLEY BOULTER'S RESPONSE TO PLAINTIFF'S FIRST REQUESTS FOR ADMISSION] (Yolken, Kevin)
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Filing 107
NOTICE of Dismissal OF DEFENDANTS (Without Prejudice) RACHAEL AUGHENBAUGH, JENNIFER CHIDESTER, SAMANTHA LAJOIE, CHANNA JAYDE WALZ, ESME WHRITENOUR, ADRIANNA BROOKS, NICOLETTE RAYMOND, JULIE BELL, CARA GWIZD, HOLLY LEPPARD-WESTHAVER, ELOISE VICTORIA, JANE DOE ONE, JANE DOE TWO and JANE DOE THREE Danny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 106
INITIAL DISCLOSURE by Stephanie Byers, Jane Hopaki, Bethany Kirillova, Aerin Lund, Kate Pavlovsky, Emilee Saldaya. (Yolken, Kevin)
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Filing 105
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/5/2019. (cib)
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Filing 104
EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates are given. Court to prepare a Scheduling Order.Discussion held regarding outstanding defendants that have not been served. Mr.Utzurrum informs the Court that defendant Vivian Chau Best have been served on Saturday, August 24, 2018. Proof of service to be filed.Mr. Utzurrum to complete, no later than September 19, 2019, one of the following:1. Serve and file proof of service on the following outstanding defendants - Jenna Chidester, Samantha Lajoie, Channa Jayde, Walz, Esme Whritenour, Nicolette Raymond, Julie Bell, Cara Gwizd, Holly Leppard-Westhaver, Eloise Victoria, Rachael Aughenbaugh, Adrianna Brooks and Jennifer Chidester.2. File a Motion to Dismiss3. File a Motion seeking leave fore more timeMr. Utzurrum to decide which jurisdiction the following defendants lay, no later than September 19, 2019:1. Emilee Saldaya2. Kate Pavlovsky3. Rachael Aughenbaugh Jury Selection/Trial is set for 10/13/2020 and 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 09/01/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 11/14/2019 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 06/26/2020 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 05/13/2020. Discovery due by 08/14/2020. (FTR-Ctrm C6 9:40 - 9:53.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 103
ANSWER to #79 Amended Complaint, by Stephanie Byers, Jane Hopaki, Bethany Kirillova, Aerin Lund, Kate Pavlovsky, Emilee Saldaya.(Yolken, Kevin)
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Filing 102
Scheduling Conference Statement (Plaintiffs). (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 101
REPORT of Planning Meeting (PLAINTIFFS). (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 100
NOTICE by Danny Gallagher Notice of Continuance of Scheduling Conference Danny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 99
Scheduling Conference Statement . (Yolken, Kevin)
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Filing 98
EO: COURT ORDER DENYING SPECIALLY APPEARING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL (JUDGE LESLIE E. KOBAYASHI)(tl, )
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Filing 97
EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 08/12/2019 IS CONTINUED TO 08/29/2019 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 08/22/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 96
CERTIFICATE OF SERVICE by Maddison Sisley Boulter, Anne Croudace, MaternityWise International LLC [RE: DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF DANNY GALLAGHER] (Yolken, Kevin)
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Filing 95
CERTIFICATE OF SERVICE by Danny Gallagher RE Plaintiff's Initial Disclosures (Utzurrum, Jose)
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Filing 94
Declaration re #93 Memorandum in Opposition to Motion to Dismiss Fourth Amended Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c, #5 Exhibit 2d, #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 Certificate of Service)(Utzurrum, Jose)
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Filing 93
MEMORANDUM in Opposition re #87 MOTION to Dismiss PLAINTIFF'S FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL filed by Danny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 92
CERTIFICATE OF SERVICE by Maddison Sisley Boulter, Anne Croudace, MaternityWise International LLC RE: INITIAL DISCLOSURES (Yolken, Kevin)
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Filing 90
EO: COURT ORDER VACATING HEARING ON SPECIALLY APPEARING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
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Filing 89
ANSWER to #79 Amended Complaint, by Maddison Sisley Boulter, Anne Croudace, MaternityWise International LLC.(Yolken, Kevin)
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Filing 88
NOTICE of Hearing on Motion #87 MOTION to Dismiss PLAINTIFF'S FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL : Motion Hearing is set for 7/19/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
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Filing 87
MOTION to Dismiss PLAINTIFF'S FOURTH AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Kevin A Yolken appearing for Defendants Aerin Lund, Stephanie Byers, Emilee Saldaya, Kate Pavlovsky, Jane Hopaki, Bethany Kirillova (Attachments: #1 Memorandum, #2 Certificate of Service)(Yolken, Kevin)
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Filing 86
EO: In light of the 85 Entering Order setting the Rule 16 Scheduling Conference for 08/12/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 08/05/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 85
EO: Due to availability of Jose Utaurrum with joint agreement of opposing counsel, the Rule 16 Scheduling Conference previously set for 07/17/2019 IS CONTINUED TO 08/12/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Counsel Jose Utzurrum to notify the parties. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 84
EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 06/13/2019 IS CONTINUED TO 07/17/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. If not already filed, Scheduling Conference Statements are due by 07/10/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 83
Scheduling Conference Statement . (Yolken, Kevin)
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Filing 82
Scheduling Conference Statement (Plaintiff's). (Attachments: #1 Certificate of Service)(Utzurrum, Jose)
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Filing 81
Summons Issued as to All Defendants. (emt, )
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Filing 80
Summons (Proposed) (Utzurrum, Jose)
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Filing 79
AMENDED COMPLAINT FOURTH AMENDED COMPLAINT against All Defendants, filed by Danny Gallagher. (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c, #5 Exhibit 2d, #6 Certificate of Service)(Utzurrum, Jose)
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Filing 78
EO: On May 9, 2019, Plaintiff filed his #76 Third Ex Parte Application for Order Permitting Plaintiff Leave to File Fourth Amended Complaint or Alternatively Ex Parte Application for Order Shortening Time to Give Notice of Motion for Leave to File Fourth Amended Complaint ("Motion"). Given the liberal standard set forth in Federal Rule of Civil Procedure 15(a)(2), and given the lack of any opposition, the Court GRANTS the Motion. Plaintiff shall file his proposed Fourth Amended Complaint for Damages, attached as Exhibit "1" to the Motion, by 05/24/2019. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 05/22/2019. (mansfield2)
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Filing 77
EO: On May 9, 2019, Plaintiff filed his #76 Third Ex Parte Application for Order Permitting Plaintiff Leave to File Fourth Amended Complaint or Alternatively Ex Parte Application for Order Shortening Time to Give Notice of Motion for Leave to File Fourth Amended Complaint. The Court finds this matter suitable for disposition without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice for the United States District Court for the District of Hawaii. Any oppositions are due by 05/16/2019. Plaintiff may file a reply by 05/20/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD) (mansfield2)
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Filing 76
EX PARTE Application FOR ORDER PERMITTING PLAINTIFF LEAVE TO FILE FOURTH AMENDED COMPLAINT OR ALTERNATIVELY EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO GIVE NOTICE OF MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT Jose Utzurrum appearing for Plaintiff Danny Gallagher (Attachments: #1 Exhibit 1 - Proposed Fourth Amended Complaint, #2 Exhibit Ex 1 to the 4th Amended Complaint, #3 Exhibit 2a to the 4th Amended Complaint, #4 Exhibit 2b to the 4th Amended Complainy, #5 Exhibit 2c to the 4th Amended Complain, #6 Exhibit 2d to the 4th Amended Complaint, #7 Declaration of Joe Utzurrum, #8 Certificate of Service)(Utzurrum, Jose)
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Filing 75
EO: On May 7, 2019, Plaintiff filed an Ex Parte Application for Order Permitting Plaintiff Leave to File Fourth Amended Complaint or Alternatively Ex Parte Application for Order Shortening Time to Give Notice of Motion for Leave to File Fourth Amended Complaint ("First Motion"). ECF No. 70. On May 8, 2019, the Court denied the First Motion for failure to comply with Local Rule 10.3, which requires a party moving to file an amended complaint to "reproduce the entire pleading as amended[.]" See ECF No. 72. On May 9, 2019, Plaintiff filed a Renewed Ex Parte Application for Order Permitting Plaintiff Leave to File Fourth Amended Complaint or Alternatively Ex Parte Application for Order Shortening Time to Give Notice of Motion for Leave to File Fourth Amended Complaint ("Second Motion"). ECF No. 73. That same day, Plaintiff also filed as a separate entry on the docket his Fourth Amended Complaint for Damages and Demand for Jury Trial. ECF No. 74.To clarify, Local Rule 10.3 requires a party moving to file an amended complaint to reproduce the entire proposed pleading as an exhibit to the moving party's motion. The Court thus DENIES the #73 Second Motion and STRIKES the #74 Fourth Amended Complaint for Damages and Demand for Jury Trial. Such denial is WITHOUT PREJUDICE to Plaintiff filing a renewed motion that complies with the Local Rules and this Order. Any proposed pleading Plaintiff submits in connection with a renewed motion shall be in redline format so as to clearly indicate the proposed revisions to Plaintiff's Third Amended Complaint for Damages and Demand for Jury Trial. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 05/09/2019. (mansfield2)
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Filing 74
AMENDED COMPLAINT FOURTH AMENDED against All Defendants, filed by Danny Gallagher. (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c, #5 Exhibit 2d, #6 Certificate of Service)(Utzurrum, Jose)
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Filing 73
EX PARTE Application FOR ORDER PERMITTING PLAINTIFF LEAVE TO FILE FOURTH AMENDED COMPLAINT OR ALTERNATIVELY EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO GIVE NOTICE OF MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT Jose Utzurrum appearing for Plaintiff Danny Gallagher (Attachments: #1 Declaration Joe Utzurrum in Support of Ex Parte Application, #2 Proposed Order, #3 Certificate of Service)(Utzurrum, Jose)
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Filing 72
EO: On May 7, 2019, Plaintiff filed an Ex Parte Application for Order Permitting Plaintiff Leave to File Fourth Amended Complaint or Alternatively Ex Parte Application for Order Shortening Time to Give Notice of Motion for Leave to File Fourth Amended Complaint ("Motion"). ECF No. 70. The Motion seeks leave to file a fourth amended complaint. The Motion, however, does not comply with Local Rule 10.3, which requires a party moving to file an amended complaint to "reproduce the entire pleading as amended[.]" The Court thus DENIES the Motion WITHOUT PREJUDICE to a renewed motion for leave to amend that complies with the Local Rules. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 05/08/2019. (mansfield2)
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Filing 71
NOTICE of Lodging Of Proposed Fourth Amended Complaint by Danny Gallagher re #70 EX PARTE Application Danny Gallagher. (Attachments: #1 Exhibit 1 - Proposed Fourth Amended Complaint, #2 Exhibit Exhibit 1 to Proposed Fourth Amended Complaint, #3 Exhibit Exhibit 2a to Proposed Fourth Amended Complaint, #4 Exhibit Exhibit 2b to Proposed Fourth Amended Complaint, #5 Exhibit Exhibit 2c to Proposed Fourth Amended Complaint, #6 Exhibit Exhibit 2d to Proposed Fourth Amended Complaint, #7 Certificate of Service)(Utzurrum, Jose) Modified on 5/8/2019 to add docket text (cib).
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Filing 70
EX PARTE Application Jose Utzurrum appearing for Plaintiff Danny Gallagher (Attachments: #1 Declaration Joe Utzurrum, #2 Proposed Order, #3 Certificate of Service)(Utzurrum, Jose)
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Filing 69
Summons Issued as to All Defendants. (cib)
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Filing 68
Summons (Proposed) (Utzurrum, Jose)
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Filing 67
NOTICE Of Lodging Of Third Amended Complaint With Tracked Changes filed by Danny Gallagher re #66 . (Attachments: #1 Exhibit Lodged Third Amended Complaint with Tracked Changes, #2 Certificate of Service)(Utzurrum, Jose)
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Filing 66
THIRD AMENDED COMPLAINT against All Defendants, filed by Danny Gallagher. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2a, #3 Exhibit Ex 2b, #4 Exhibit Ex 2c, #5 Exhibit Ex 2d, #6 Certificate of Service)(Utzurrum, Jose)
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Filing 65
EO: In light of the #64 Order allowing Plaintiff to file his third amended complaint by no later than April 29, 2019, the Rule 16 Scheduling Conference previously set for 04/11/2019 IS CONTINUED TO the next available date of 06/13/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 06/06/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 64
ORDER Granting In Part and Denying In Part: 1) Defendants' Motion To Dimiss Plaintiff's Second Amended Complaint For Damages and Demand For Jury Trial; 2) Defendant Lund's Joinder; and 3) Defendant Saldaya's Joinder re #49 #52 #55 . To the extent that Plaintiff's claims have been dismissed without prejudice, this Court GRANTS Plaintiff leave to file a third amended complaint consistent with the terms of this Order. Plaintiff must file his third amended complaint by no later than April 29, 2019. This Court CAUTIONS Plaintiff that, if he fails to file his third amended complaint by April 29, 2019, the claims which this Order dismissed without prejudice may be dismissed with prejudice. Further, if Plaintiff's third amended complaint fails to cure the defects identified in this Order, this Court may dismiss those claims with prejudice. If Plaintiff's third amended complaint attempts to add new parties, claims, or theories of liability, this Court may dismiss those claims, but without prejudice. Signed by JUDGE LESLIE E. KOBAYASHI on 2/27/2019. (cib)
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Filing 63
SUMMONS Returned Executed as to Aerin Lund served on 12/16/2018 filed by Danny Gallagher. (Utzurrum, Jose) Modified on 2/19/2019 to add service date to docket text (cib, ).
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Filing 62
EP: Motion Hearing held on 1/25/2019 re #55 MOTION for Joinder filed by Emilee Saldaya, #52 MOTION for Joinder re #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial filed by Aerin Lund, #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial filed by Bethany Kirillova, Stephanie Gilbert, Anne Croudace, MaternityWise International LLC, Maddison Weikle, Elizbeth Anoatubby, Kate Pavlovsky, Stephanie Byers. (Court Reporter Debi Read.) (JUDGE LESLIE E. KOBAYASHI)(wnn, )
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Filing 61
Errata To Defendants Reply In Support Of Motion To Dismiss. (Attachments: #1 Reply In Support Of Motion To Dismiss, #2 Certificate of Service)(Yolken, Kevin)
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Filing 60
REPLY to Response to Motion re #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial filed by Elizbeth Anoatubby, Stephanie Byers, Anne Croudace, Bethany Kirillova, Aerin Lund, MaternityWise International LLC, Kate Pavlovsky, Emilee Saldaya, Maddison Weikle. (Attachments: #1 Declaration Declaration of Kevin A. Yolken, #2 Certificate of Service)(Yolken, Kevin)
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Filing 59
Declaration re #57 Memorandum in Opposition to Motion, Declaration of Joe Utzurrum. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Utzurrum, Jose) ).
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Filing 58
Declaration re #57 Memorandum in Opposition to Motion, Declaration of Joe Utzurrum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Certificate of Service)(Utzurrum, Jose)
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Filing 57
MEMORANDUM in Opposition re #55 MOTION for Joinder , #52 MOTION for Joinder re #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial , #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial filed by Danny Gallagher. (Attachments: #1 Certificate of Service Cert re L.R. 7.5)(Utzurrum, Jose)
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Filing 56
NOTICE of Hearing on Motion #55 MOTION for Joinder : Motion Hearing is set for 1/25/2019 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
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Filing 55
MOTION for Joinder to #49 Specially Appearing Defendants' MOTION TO DISMISS Plaintiff's Second Amended Complaint for Damanges and Demand for Jury Trial; Certificate of Service Kevin A Yolken appearing for Defendant Emilee Saldaya (Yolken, Kevin) Docket text entry modified on 12/31/2018 to further describe document and to add document number link to correlate to the underlying Motion, ECF no. #49 . (afc).
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Filing 54
SUMMONS Returned Executed by Danny Gallagher. Emilee Saldaya served on 12/10/2018. (Utzurrum, Jose) Docket text modified on 12/26/2018 (emt, ).
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Filing 53
NOTICE of Hearing on Motion #52 MOTION for Joinder re #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial : Motion Hearing is set for 1/25/2019 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
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Filing 52
MOTION for Joinder re #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial Eric A. Seitz appearing for Defendant Aerin Lund (Seitz, Eric)
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Filing 51
EO: In light of the #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial, the Rule 16 Scheduling Conference previously set for 02/01/2018 IS CONTINUED TO 04/11/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference are due by 04/04/2019. Counsel Jose Utzurrum to notify the parties. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 50
NOTICE of Hearing on Motion #49 MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial : Motion Hearing is set for 1/25/2019 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
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Filing 49
MOTION to Dismiss Plaintiff's Second Amended Complaint for Damages and Demand for Jury Trial Eric A. Seitz appearing for Defendants MaternityWise International LLC, Stephanie Gilbert, Kate Pavlovsky, Stephanie Byers, Elizbeth Anoatubby, Anne Croudace, Maddison Weikle, Bethany Kirillova (Attachments: #1 Declaration of Eric A. Seitz, #2 Memorandum, #3 Certificate of Service)(Seitz, Eric)
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Filing 48
NOTICE of Dismissal as to Elizabeth Geftakys ONLY. filed byDanny Gallagher. (Attachments: #1 Certificate of Service)(Utzurrum, Jose) Modified docket text on 12/14/2018 (cib, ).
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Filing 47
SUMMONS Returned Executed on Elizbeth Anoatubby served 12/11/2018 filed by Danny Gallagher. (Utzurrum, Jose)
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Filing 46
SUMMONS Returned Executed by Danny Gallagher. Kate Pavlovsky. (Utzurrum, Jose)
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Filing 45
SUMMONS Returned Executed as to Bethany Kirillova served on 11/3/2018 filed by Danny Gallagher. . (Utzurrum, Jose)
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Filing 44
SUMMONS Returned Executed on Stephanie Gilbert served on 10/25/2018 filed by Danny Gallagher. . (Utzurrum, Jose)
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Filing 43
SUMMONS Returned Executed as to Anne Croudace served on 11/6/2018 filed by Danny Gallagher. (Utzurrum, Jose)
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Filing 42
SUMMONS Returned Executed as to MaternityWise International LLC served on 11/6/2018 filed by Danny Gallagher. . (Utzurrum, Jose)
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Filing 41
CERTIFICATE OF SERVICE by Danny Gallagher re: Service of Notice of Dismissal of Defendant Jordan Ashley Hocker (Dkt. No. #40 ) (Utzurrum, Jose)
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Filing 40
NOTICE of Dismissal of defendant Jordan Ashley Hocker Danny Gallagher. (Utzurrum, Jose)
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Filing 39
AGREED ORDER For Extension Of Time To Respond To Complaint re #37 . Signed by JUDGE LESLIE E. KOBAYASHI on 11/16/2018. (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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COURT'S CERTIFICATE of Service - a copy of #39 Order has been served by First Class Mail to the addresses of record on Kate Pavlovsky. 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 37
MOTION for Extension of Time to Respond to Plaintiff's Complaint re #33 filed by Defendant Stephanie Byers. (cib, )
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Filing 36
NOTICE by Danny Gallagher of Intent to Serve Defendants by the Process set Forth in the Hague Convention Danny Gallagher. (Utzurrum, Jose)
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Filing 35
Summons Issued as to MaternityWise International LLC. (cib, )
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Filing 34
Summons (Proposed) (Utzurrum, Jose)
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Filing 33
AMENDED COMPLAINT (SECOND AMENDED) against Elizbeth Anoatubby, Julie Bell, Rachael Brown, Jenna Chidester, Anne Croudace, Does 1-10, Elizabeth Geftakys, Stephanie Gilbert, Cara Gwizd, Jordan Ashley Hocker, Jane Doe One, Jane Doe Three, Jane Doe Two, Bethany Kirillova, Samantha Lajoie, Holly Leppard-Westhaver, Aerin Lund, Kate Pavlovsky, Nicolette Raymond, Emilee Saldaya, Eloise Victoria, Channa Jayde Walz, Maddison Weikle, Esme Whritenour, MaternityWise International LLC, filed by Danny Gallagher.(Utzurrum, Jose)
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Filing 32
EO: Counsel Jose Utzurrum informs the Court of the international serving of the complaint on numerous defendants, therefore request additional time to be able to do so. Request is granted. The Rule 16 Scheduling Conference previously set for 11/26/2018 IS CONTINUED TO 02/01/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Rule 16 scheduling statements are due by 01/25/2019. Mr. Jose Utzurrum to file the Notice of Commencement of Service in a Foreign Country through Hague Convention. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 31
Summons Issued as to All Defendants. (cib, )
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Filing 30
Summons (Proposed) (Utzurrum, Jose)
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Filing 29
Summons Issued as to All Defendants. (cib, )
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Filing 28
Summons (Proposed) (Utzurrum, Jose)
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Filing 27
AMENDED COMPLAINT against All Defendants, filed by Danny Gallagher.(Utzurrum, Jose)
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Filing 26
Summons (Proposed) (Utzurrum, Jose)
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Filing 25
Summons (Proposed) (Utzurrum, Jose)
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Filing 24
Summons (Proposed) (Utzurrum, Jose)
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Filing 23
Summons (Proposed) (Utzurrum, Jose)
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Filing 22
Summons (Proposed) (Utzurrum, Jose)
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Filing 21
Summons (Proposed) (Utzurrum, Jose)
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Filing 20
Summons (Proposed) (Utzurrum, Jose)
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Filing 19
Summons (Proposed) (Utzurrum, Jose)
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Filing 18
Summons (Proposed) (Utzurrum, Jose)
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Filing 17
Summons (Proposed) (Utzurrum, Jose)
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Filing 16
Summons (Proposed) (Utzurrum, Jose)
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Filing 15
Summons (Proposed) (Utzurrum, Jose)
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Filing 14
Summons (Proposed) (Utzurrum, Jose)
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Filing 13
Summons (Proposed) (Utzurrum, Jose)
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Filing 12
Summons (Proposed) (Utzurrum, Jose)
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Filing 11
Summons (Proposed) (Utzurrum, Jose)
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Filing 10
Summons (Proposed) (Utzurrum, Jose)
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Filing 9
Summons (Proposed) (Utzurrum, Jose)
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Filing 8
CIVIL Waiver of Service Packet. (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib, )
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Filing 7
Summons Issued as to Elizbeth Anoatubby, Julie Bell, Emilee Benner, Rachael Brown, Jenna Chidester, Anne Croudace, Elizabeth Geftakys, Stephanie Gilbert, Cara Gwizd, Jordan Ashley Hocker, Bethany Kirillova, Samantha Lajoie, Holly Leppard-Westhaver, Aerin Lund, MaternityWise International, Kate Pavlovsky, Nicolette Raymond, Eloise Victoria, Channa Jayde Walz, Maddison Weikle, Esme Whritenour. (Attachments: #1 Issued Summons Anne Croudace)(cib, )
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Filing 6
Order Setting Rule 16 Scheduling Conference is set for 9:30AM on 11/26/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/25/2018. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib, ) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT.
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Filing 5
NOTICE of Case Assignment; Please reflect Civil case number CV 18-00364-LEK-KJM on all further pleadings. (cib, )
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Filing 4
CIVIL Cover Sheet by Danny Gallagher. (Utzurrum, Jose)
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Filing 3
Summons (Proposed) (Utzurrum, Jose)
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Filing 2
Summons (Proposed) (Utzurrum, Jose)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2094029.), filed by Danny Gallagher.(Utzurrum, Jose)
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ADVISORY ENTRY. No further action necessary. The entry docket number #1 Complaint filed by Danny Gallagher was filed incorrectly in this case. Please refer to LR100.5.1., which states "The name of the CM/ECF user under whose login and and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/ John or Jane Lawyer) " (cib, )
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