Alert Holdings Group, Inc. v. Smith et al
| Alert Holdings Group, Inc. |
| Doe Corporations 1-20, Erica Smith, John and Jane Does 1-20, Doe Partnerships 1-20, Doe Entities 1-20, Doe Governmental Units 1-20, Trevyn Smith, Michael Birchall, Doe LLCS 1-20 and Safe Home Control, Inc. |
| Roger Savage and John Cannon |
| 1:2018cv00391 |
| October 12, 2018 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 4, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 NOTICE of Appearance by Veronica A Nordyke on behalf of Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith on behalf of Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith. (Nordyke, Veronica) |
| Filing 28 NOTICE by Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith of Withdrawal of Christopher J.I. Leong as Counsel for Defendants Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith. (Kugle, Gregory) |
Filing 27
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/4/2018. (emt, )
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| Filing 26 EP: EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates are given. Court to prepare a Scheduling Order.Discussion held regarding #17 Plaintiff/Counterclaim Defendants' Motion to Dismiss Count Iv of the Counterclaim. Motion hearing is set for January 8, 2019 at 10:30 a.m. before Magistrate Judge Kenneth J. Mansfield. Counsel Justin L. James may participate via telephone.Parties are to meet and confer regarding curing to possibly amend the complaint by December 14, 2018. If the complaint has been cured, parties are to contact Magistrate Judge Kenneth J. Mansfield's Courtroom Manager, Bernie Aurio at (808) 541-1298 to vacate the hearing on #17 Plaintiff/Counterclaim Defendants' Motion to Dismiss Count IV of the Counterclaim. Jury Selection/Trial is set for 12/03/2019 at 8:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Final Pretrial Conference is set for 10/22/2019 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 02/14/2019 at 10:00 a.m. in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Settlement Conference #2 is set for 09/11/2019 at 10:00 a.m. in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Dispositive Motions filed by 07/03/2019. Discovery due by 10/04/2019. (FTR-Ctrm C6 9:30 - 9:45.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 22 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiff/Counter Defendant Alert Holdings Group, Inc., Counter Defendants John Cannon, Roger Savage and Defendants/Counter Claimants Safe Home Control, Inc., Michael Birchall, Erica Smith, Trevyn Smith. Please continue to reflect case number CV 18-00391 KJM on all further pleadings. (emt, ) |
| Filing 25 VOLUME 3 of 3: TRANSMITTAL OF DOCUMENTS; Circuit Court Clerk's Certificate - received from Circuit Court of the First Circuit, State of Hawaii. Transmission of 3 volumes of those documents filed in the State Court Civil case 17-1-0654-04-VLC. Volume 3: Documents filed June 6, 2018 through November 26, 2018. #1 Computerized Index for Volume 3, doc nos. 1 - 63, #2 Pltf's Motion to Compel Safe Home Control's Production of Specific Documents, etc., #3 Certificate of Service, #4 Received: Pltf's Ex Parte Motion for Second Extension of Time to File Pretrial Statement, etc., #5 Deft Safe Home Control's Memorandum in Oposition to Pltf's Motion to Compel Deft's Production of Specific Documents etc., #6 Pltf's Ex Parte Motion for Second Extension of Time to file Pretrial Statement, etc., #7 Supplemental Declaration of John R. Dwyer, Jr. in Support of Pltf's Motion to Compel Safe Home Control, Inc.'s Production of Documents, etc., #8 Received: Pltf's Ex Parte Motion for Second Extension of Time to File Pretrial Statement, etc., #9 Pltf's Reply to Deft Safe Home Control Inc's Memo in Opposition to Motion to Compel Production & Second Supplemental Declaration of John R. Dwyer, Jr. etc., #10 Supplemental Declaration of Christopher J.I. Leong in Support of Deft Safe Home Control's Memo in Opposition to Motion to Compel, #11 Certificate of Service, #12 Third Supplemental Declaration of John R. Dwyer, Jr. in Support of M/Compel, #13 (DENIED) Pltf's Ex Parte Motion for 2nd Extension of Time to file Pretrial Statement, etc., #14 (RECEIVED) Pltf's Ex Parte Motion for Second Extension of Time to File Pretrial Statement, #15 Pltf's Motion to Compel Deft Safe Home Control INc.'s Production of Documents requested in pltf's First, Second & Third Request for Production of Documents, #16 Pltf's Ex Parte Motion for Second Extension of Time to File Pretrial Statement, #17 Certificate of Service, #18 Deft Safe Home Control's Memorandum in Opposition to Plaintiff's Motion to Compel Production of Documents requested in Pltf's First, Second, and Third Requests for Production of Documents, #19 Pltf's Reply to Deft Safe Home Control, Inc.'s Memorandum in Opposition to Motion to Compel Production, #20 Return of Service, #21 Petition to Admit Justin L. James Pro Hac Vice, #22 Notice of Taking Deposition - Edward Prignano, #23 Subpoena - Edward Prignano, #24 Pltf's First Amended Notice of Taking Deposition - Erica Smith, #25 Pltf's Second Amended Notice of Taking Deposition - Trevyn Smith, #26 Certificate of Service, #27 (RECEIVED) Pltf's Ex Parte Motion for Issuance of Commission to Take Deposition - State of Utah, #28 Order Granting Motion for Leave to File Second Amended Complaint, #29 Additional Claims Information Sheet, #30 Second Amended Complaint; Second Amended Summons; COS, #31 Certificate of Service, #32 Pltf's Staement of No Position re Deft's Petition to Admit Justin L. James PHV, #33 Pltf's Ex Parte Motion for Issuance of Commission to Take Deposition - State of Utah; ORDER granting Ex Parte Motion, #34 Certificate of Service, #35 Letter of Transmittal to Clerk of Court from Cathryn M. Downes, #36 Order Denying Pltf's Motion to Compel Production of Specific Documents, #37 Certificate of Service, #38 Certificate of Service, #39 Return of Service - Edward Prignano, #40 Deft Safe Home Control, Inc.'s ANSWER TO SECOND AMENDED COMPLAINT; COUNTERCLAIM; COS, #41 Pltf's First Amended Notice of Taking Deposition - Edward Prignano, #42 Pltf's Third Amended Notice of Taking Deposition - Trevyn Smith, #43 Pltf's Second Amended Notice of Taking Deposition - Erica Smith, #44 Certificate of Service, #45 Pltf's ANSWER TO COUNTERCLAIM, #46 Certificate of Service, #47 Additional Claims Information Sheet, #48 Pltf's THIRD PARTY COMPLAINT against MICHAEL BIRCHALL; Summons; COS, #49 First Amended Summons, #50 First Amended Certificate of Service, #51 Certificate of Service, #52 Order Granting in Part and Denying in Part Pltf's Motion to Compel Deft's Production of Documents requested in Pltf's First, Second, and Third Request for POD,#53 Certificate of Service, #54 Stipulation to File Third Amended Complaint and Counterclaim in Response to Third Amended Complaint, and the Third Amended Complaint will subsequently be Dismissed without Prejudice; ORDER, #55 Additional Claims Information Sheet, #56 THIRD AMENDED COMPLAINT; THIRD AMENDED SUMMONS; COS, #57 Acknowledgment and Acceptance of Service - 3rd Amd Complaint - Michael Birchall, #58 Certificate of Service, #59 Certificate of Service, #60 Certificate of Service, #61 Notice of Removal of Civil Action to Federal Court, #62 Exhibit A to Notice of Removal, #63 Exhibit B to Notice of Removal, #64 Exhibit C to Notice of Removal, #65 Exhibit D to Notice of Removal, #66 Notice of Incomplete Record and Request for Production of Filed Copies by Counsel (Document 12 filed 6/27/18 and Document 15 filed 7/3/18), #67 Document 12 filed 6/27/18, #68 Document 15 filed 7/3/2018) (afc). |
| Filing 24 VOLUME 2 of 3: TRANSMITTAL of DOCUMENTS; Circuit Court Clerk's Certificate - received from Circuit Court of the First Circuit, State of Hawaii. Transmission of 3 volumes of those documents filed in the State Court Civil case 17-1-0654-04-VLC. Volume 2: Documents filed October 10, 2017 through June 4, 2018, further identified on the Computerized Index as page 1 through 48. #1 Computerized Index for Volume 2, doc nos. 1 - 48, #2 Errata to Caption and Other Pleadings, Exhibit A; COS, #3 Request for Enty of Default as to Deft Erica Smith, #4 Certificate of Service, #5 Received copy of Pltf's Ex Parte Motion for First Extension of Time to File Pretrial Statement, etc., #6 Pltf's Ex Parte Motion for First Extension of Time to File Pretrial Statement, etc., #7 Pltf's Motion for leave to File First Amended Complaint, #8 Deft Safe Home Control Inc.'s Statement of No Position re M/Leave to File First Amended Complaint, #9 Withdrawal of Counsel for deft Trevyn Smith and appearance Pro Se, #10 Notice of Submission of Order Granting Pltf's Motion for Leave to File First Amended Complaint, #11 Certificate of Service, #12 Certificate of Service, #13 Order Granting Pltf's Motion for Leave to File First Amended Complaint, #14 Motion to Withdraw as Counsel for Plaintiff (Gregory W. Kugle, Christopher J.I. Leong), #15 Additional Claims Information Sheet, #16 First Amended Complaint; First Amended Summons; COS, #17 Certificate of Service, #18 Return and Acknowledgment of Service of First Amended Complaint, etc. - SAFE HOME CONTROL, INC., #19 Deft Safe Home Control, Inc.'s Answer to First Amended Complaint; COS, #20 Pltf's Memorandum in Response to Motion to Withdraw as Counsel, etc., #21 Pltf's Motion to Compel Deft Trevyn Smith's Production of Documents, etc., #22 Reply Memorandum in Support of Motion to Withdraw as Counsel for Trevyn Smith, #23 Defts' Memorandum in Opposition to Motion to Compel Trevyn Smith's Production of Documents, #24 Certificate of Service, #25 Certificate of Service, #26 Return and Acknowledgment of Service of First Amended Complaint, etc. - ERICA SMITH, #27 Return and Acknowledgment of Service of First Amended Complaint, etc. - TREVYN SMITH, #28 Request for Entry of Default against Defendants Trevyn Smith and Erica Smith as to the First Amended Complaint, etc., #29 Amended Notice of Hearing and COS, #30 Pltf's Notice of Taking Rule 30(b)(6) Deposition upon Oral Exam - Designated Rep of Safe Home Control, Inc., #31 Pltf's Notice of Taking Depositions upon Oral Exam - Trevyn Smith and Erica Smith, #32 Pltf's First Amended Notice of Taking Deposition upon Oral Exam; COS, #33 Certificate of Service, #34 Certificate of Service, #35 Amended Notice of Non-Hearing Motion re: Pltf's Motion to Compel Deft Trevyn Smith's Production of Documents, #36 Certificate of Service, #37 Order granting Motion to Withdraw as Counsel, #38 Pltf's Supplemental Memo in Support of Motion to Compel Trevyn Smith's Production of Documents; COS, #39 Pltf's Motion for Leave to File Second Amended Complaint, etc., #40 Pltf's Notice of Taking Deposition upon Oral Examination; COS, #41 Subpoena - Michael Birchall, #42 Pltf's Ex Parte Motion for Issuance of Commission to take Deposition and for Issuance of Subpoen in State of Utah, #43 Deft Safe Home Control's Memo in Oppostion to Pltf's Motion for Leave to File Second Amended Complaint, #44 Received: Pltf's Amended Ex Parte Motion for Issuance of Amended Commission to Take Deposition upon Oral Exam and for Issuance of Subpoena in the State of Utah, etc., #45 Certificate of Service, #46 Pltf's Amended Notice of Taking Deposition upon Oral Examination - Michael Birchall, #47 Subpoena - Michael Birchall, #48 Pltf's Reply Memorandum in Support of Motion for Leave to File Second Amended Complaint, #49 Amended Ex Parte Motion for Issuance of Amended Commission to Take Deposition upon Oral Exam and for Issuance of Subpoena in the State of Utah, etc.) (afc) Modified on 12/4/2018 (afc, ). |
| Filing 23 VOLUME 1 of 3: TRANSMITTAL of DOCUMENTS; Circuit Court Clerk's Certificate - received from Circuit Court of the First Circuit, State of Hawaii. Transmission of 3 volumes of those documents filed in the State Court Civil case 17-1-0654-04-VLC. Volume 1: Documents filed April 21, 2017 through October 9, 2017, further identified on the Computerized Index as page 1 through 32. #1 Computerized Index for Volume 1, doc nos. 1 - 32, #2 Civil Information Sheet, #3 Verified Complaint; Verification of Complaint; Summons, #4 Return & Acknowledgment of Service- TREVYN SMITH, #5 AMENDED Return & Acknowledgment of Service - TREVYN SMITH, #6 Unserved Return and Acknowledgment of Service - SAFE HOME CONTROL INC.,#7 Return & Acknowledgment of Service - SAFE HOME CONTROL INC., #8 Plaintiff's MOTION for Preliminary Injunction ("M/PI"), etc., #9 Notice of Hearing - M/PI, #10 Return & Acknowledgment of Service re: M/PI - SAFE HOME CONTROL, INC., #11 Return & Acknowledgment of Service re: M/PI - TREVYN SMITH, #12 Notice of Status Conference, #13 Amended Certificate of Service, #14 Request for Entry of Default against Safe Home Control, #15 Trevyn Smith's Answer to Complaint, #16 Notice of taking Deposition - Roger Savage, #17 Motion to Set Aside Entry of Default, #18 Stipulation re Preliminary Injunction hearing, #19 Plaintiff's Answer to Trevyn Smith's Counterclaim; COS, #20 Plaintiff's Memorandum in Opposition to Motion to Set Aside Default, #21 Reply Memorandum in Support of Motion to Set Aside Entry of Default, #22 Certificate of Service, #23 RECEIVED: Ex Parte Motion for Order identifying Erica Smith as Deft Jane Doe 1 etc., #24 DENIED: Ex Parte Motion for Order identifying Erica Smith as Jane Doe 1, etc., #25 RECEIVED: Copy of pltfs' Ex Parte Motion for Order identifying Eric Smith as Jane Doe 1, etc., #26 ORDER granting Motion to Set Aside Entry of Default against defendant Safe Home Control, Inc., #27 Pltf's Ex Parte Motion for Order identifying Eric Smith as Deft Jane Doe 1, etc., #28 Certificate of Service, #29 Certificate of Service, #30 Deft Safe Home Control, Inc.'s Answer to Verified Complaint, #31 Certificate of Service, #32 Return & Acknowledgment of Service of Complaint etc. - ERICA SMITH, #33 Certificate of Service. (afc). |
| Filing 21 REPORT of Planning Meeting by Plaintiff/Counterclaim Defendants. (Dwyer, John) |
| Filing 20 Scheduling Conference Statement of Plaintiff/Counterclaim Defendants. (Dwyer, John) |
| Filing 19 Scheduling Conference Statement by Defendants Safe Home Control, Inc., Michael Birchall, Trevyn Smith, and Erica Smith. (Kugle, Gregory) |
| Filing 18 REPORT of Planning Meeting . (Kugle, Gregory) |
| Filing 17 MOTION to Dismiss Count IV of Counterclaim John R. Dwyer, Jr appearing for Counter Defendant Alert Holdings Group, Inc., Roger Savage, John Cannon (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Dwyer, John) Modified on 11/21/2018 (emt, ). |
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Filing 16
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JUSTIN L. JAMES re #15 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/14/2018. (emt, )
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| Filing 15 MOTION for Pro Hac Vice for Justin L. James Filing fee $ 300, receipt number 0975-2115566.Gregory W. Kugle appearing for Defendants Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith, Counter Claimants Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith (Kugle, Gregory) |
| Filing 14 Summons Issued as to named Counterclaim Defendants: Alert Holdings Group, Inc., John Cannon, Roger Savage. (apg, dist) |
| Filing 13 EO: In light of the #12 Answer to Complaint (Notice of Removal)/Counterclaim and to allow parties sufficient time to submit their #4 Consent to Jurisdiction by U.S. Magistrate Judge, the Rule 16 Scheduling Conference previously set for 11/19/2018 IS CONTINUED TO 12/04/2018 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are now due by 11/27/2018. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 12 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Alert Holdings Group, Inc., Roger Savage, John Cannon by Michael Birchall, Trevyn Smith, Safe Home Control, Inc., Erica Smith. (Attachments: #1 Main Document Counterclaim, #2 Main Document Summons, #3 Certificate of Service)(Kugle, Gregory) |
| Filing 11 Corporate Disclosure Statement by Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith. (Leong, Christopher) |
| Filing 10 ACKNOWLEDGEMENT OF SERVICE Executed as to #3 Set Rule 16 Scheduling Conference, Acknowledgement filed by Michael Birchall, Safe Home Control, Inc., Erica Smith, Trevyn Smith. (Kugle, Gregory) |
| Filing 9 Corporate Disclosure Statement by Alert Holdings Group, Inc. identifying Corporate Parent Alert Alarm Intermediate Holdings for Alert Holdings Group, Inc... (Attachments: #1 Certificate of Service)(Dwyer, John) |
| Filing 8 ACKNOWLEDGEMENT OF SERVICE Executed as to #3 Set Rule 16 Scheduling Conference, Acknowledgement filed by Alert Holdings Group, Inc.. (Dwyer, John) |
| Filing 7 NOTICE by Erica Smith re #1 Notice of Removal, of Consent to Removal of Action Erica Smith. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kugle, Gregory) |
| Filing 6 NOTICE by Trevyn Smith re #1 Notice of Removal, of Consent to Removal of Action Trevyn Smith. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kugle, Gregory) |
| Filing 5 NOTICE by Safe Home Control, Inc. re #1 Notice of Removal, of Consent to Removal of Action Safe Home Control, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kugle, Gregory) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by U.S. Magistrate Judge) ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one (21) days after entry of appearance. After completing this form, parties may e-mail this form in pdf format to consent@hid.uscourts.gov, or may mail it to U. S. District Court, 300 Ala Moana Blvd., Room C-338, Honolulu, HI, 96850, Attention: Consent Clerk. Do not e-file this document. (emt, ) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 11/19/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/12/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 18-00391 KJM on all further pleadings. (emt, ) |
| Filing 1 NOTICE OF REMOVAL by Michael Birchall from Circuit Court of the First Circuit, State of Hawaii, case number 17-1-0654-04 VLC. ( Filing fee $ 400 receipt number 0975-2103420), filed by Michael Birchall. (Attachments: #1 Exhibit Exhibit A, #2 Certificate of Service)(Kugle, Gregory) |
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