Hawaii Medical Services Association v. Nitta, M.D.
| Hawaii Medical Services Association |
| Frederick Nitta, M.D. |
| 1:2019cv00014 |
| January 11, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 14 EO: Plaintiff Hawaii Medical Service Association ("HMSA") timely filed its #13 Declaration setting forth the just costs and actual expenses, including attorneys' fees, that HMSA incurred as a result of Defendant Frederick Nitta's removal of this matter to the United States District Court, District of Hawaii ("Declaration"). Defendant may file a response addressing only the contents of the Declaration no later than Friday, March 15, 2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1) |
| Filing 13 Declaration re 12 Terminate Motion Deadlines/Hearings (inc F&R),,,,, Declaration of Dianne Winter Brookins; Exhibits "A" - "B". (Attachments: #1 Exhibit A, #2 Exhibit B)(Brookins, Dianne) |
| Filing 12 EO: Having carefully reviewed the parties' arguments related to #4 Plaintiff Hawaii Medical Service Association's February 4, 2019 Motion to Remand ("Motion"), the Court elects to decide the Motion without a hearing pursuant to Local Rule 7.2(d). The Court hereby vacates the February 28, 2019 hearing. The Court FINDS and RECOMMENDS that the district court GRANT the Motion and remand to the Third Circuit Court, State of Hawaii. In addition, the Court FINDS that Plaintiff Hawaii Medical Service Association ("HMSA") is entitled to the attorneys' fees and costs incurred as a result of Defendant Frederick Nitta's removal. See 28 U.S.C. 1447(c) ("An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal."). The Court orders HMSA to submit a Declaration detailing its "just costs and actual expenses, including attorney fees" no later than 03/06/2019, after which this Court will issue a written findings and recommendations (1) expounding on its reasons for recommending remand, and (2) recommending the "just costs and actual expenses" to which HMSA is entitled. If Defendant wishes to object to the remand, Defendant may do so after the Court has issued its written findings and recommendations. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1) |
| Filing 11 REQUEST for Decision Without Hearing by Hawaii Medical Services Association. (Brookins, Dianne) |
| Filing 10 MEMORANDUM in Support re #4 MOTION to Remand Plaintiff Hawaii Medical Service Association's Motion for Remand; Memorandum in Support of Motion; Certificate of Service Plaintiff Hawaii Medical Service Association's Reply Memorandum in Support of Its Motion for Remand Filed February 4, 2019; Declaration of Dianne Winter Brookins; Exhibit "A"; Certificate of Service filed by Hawaii Medical Services Association. (Attachments: #1 Declaration Declaration of Dianne Winter Brookins, #2 Exhibit A, #3 Certificate of Service)(Brookins, Dianne) |
| Filing 9 RESPONSE in Opposition re #4 MOTION to Remand Plaintiff Hawaii Medical Service Association's Motion for Remand; Memorandum in Support of Motion; Certificate of Service filed by Frederick Nitta, M.D.. (Attachments: #1 Memorandum, #2 Certificate of Service)(Seitz, Eric) |
| Filing 8 NOTICE OF HEARING: The Court sets a hearing for #4 Plaintiff Hawaii Medical Service Association's Motion for Remand on 2/28/2019, at 10:00 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Court sets the following briefing schedule: Opposition is due Monday, 02/18/2019; Reply is due Monday, 02/25/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1) |
| Filing 7 EP: RULE 16 SCHEDULING CONFERENCE not held.Discussion held regarding pending motion.In light of the pending Motion to Remand, the Rule 16 Scheduling is continued to May 9, 2019 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield. Any updated scheduling conference statements are due by May 2, 2019.(FTR-Ctrm C6 9:39 - 9:45.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 6 Scheduling Conference Statement . (Seitz, Eric) |
| Filing 5 Scheduling Conference Statement Plaintiff Hawaii Medical Service Association's Scheduling Conference Statement; Certificate of Service. (Attachments: #1 Certificate of Service)(Brookins, Dianne) |
| Filing 4 MOTION to Remand Plaintiff Hawaii Medical Service Association's Motion for Remand; Memorandum in Support of Motion; Certificate of Service Dianne W. Brookins appearing for Plaintiff Hawaii Medical Services Association (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Certificate of Service)(Brookins, Dianne) |
Filing 3
Order Setting Rule 16 Scheduling Conference for 09:30 AM on 2/11/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/11/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) 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. (jo)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 19-00014 JMS-KJM on all further pleadings. (jo) |
| Filing 1 NOTICE OF REMOVAL by frederick nitta from Third Circuit Court, State of Hawaii, case number S.P. No. 19-1-1 GKN. ( Filing fee $ 400 receipt number 0975-2141506), filed by frederick nitta. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Civil Cover Sheet)(Seitz, Eric) |
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