Morelli vs. Hyman
| Angela Michelle Morelli |
| Joshua B. Hyman |
| 1:2019cv00088 |
| February 20, 2019 |
| US District Court for the District of Hawaii |
| RICHARD L PUGLISI |
| J MICHAEL SEABRIGHT |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 EO: On April 16, 2019, Defendant filed a Motion to Dismiss Plaintiff's Complaint for lack of subject matter jurisdiction. ECF No. #15 . Defendant's Motion to Dismiss will be heard on June 24, 2019, at 9 a.m. Plaintiff's Opposition memorandum is due by June 3, 2019, and Defendant's Reply is due by June 10, 2019. Motion Hearing is set for 06/24/2019 at 09:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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) |
| Filing 18 EO: On April 16, 2019, Defendant filed a Motion to Seal Exhibits C, D, and E of his Motion to Dismiss. ECF No. #16 . Defendant contends that the exhibits "are rendered confidential" by Hawaii Revised Statutes 584-20. Mot. at 2. The Motion does not address, let alone meet, the appropriate federal standards for overcoming the strong presumption of public access. See Local Rule 83.12; Center for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-98 (9th Cir. 2016) (holding that the compelling reasons standard applies when the underlying motion is more than tangentially related to the merits of a case; otherwise, the "good cause" standard applies); Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). Thus, although it may well be appropriate to seal some of the information in these exhibits, the court DENIES without prejudice Defendant's Motion to Seal exhibits C, D, and E. Defendant may refile the Motion after carefully consulting Local Rule 83.12 in its entirety and the case law set forth above. When refiling the Motion, Defendant must clearly and specifically apply the appropriate standard to seal each exhibit in whole or in part. If Defendant does not refile the Motion by April 26, 2019, the court will file publicly any lodged, unredacted documents it receives prior to that date. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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) |
| Filing 17 Scheduling Conference Statement by Angela Morelli (Attachments: #1 Certificate of Service, #2 Mailing Envelope) (jo) |
| Filing 16 MOTION to Seal Document #15 MOTION to Dismiss for Lack of Jurisdiction Exhibits C, D and E; Joy A. Yanagida appearing for Defendant Joshua B. Hyman (Attachments: #1 Certificate of Service)(Yanagida, Joy) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction Joy A. Yanagida appearing for Defendant Joshua B. Hyman (Attachments: #1 Memorandum in Support of Motion, #2 Certification of Word Count, #3 Statement of Undisputed Facts, #4 Declaration of Joy Yanagida, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C (sealed), #8 Exhibit D (sealed), #9 Exhibit E (sealed), #10 Exhibit F, #11 Certificate of Service)(Yanagida, Joy) |
| Filing 14 MOTION FOR SCHEDULING CONFERENCE - by Plaintiff Angela Michelle Morelli (Attachments: #1 Plaintiff's Declaration In Support of Motion for Scheduling Conference, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Certificate of Service, #9 Mailing Envelope) (jo) |
| Filing 13 EX PARTE MOTION FOR SCHEDULING CONFERENCE - by Plaintiff Angela Michelle Morelli (Attachments: #1 Mailing Envelope) (jo) |
| Filing 12 MOTION/AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT OF PRO BONO COUNSEL - by Plaintiff Angela Michelle Morelli (Attachments: #1 Mailing Envelope) (jo) |
| Filing 11 EO: Because the Court has vacated the Rule 16 Scheduling Conference, the Court DENIES AS MOOT #9 Defendant's Motion to Seal Certain Exhibits to his Scheduling Conference Statement. This denial is without prejudice to any request to file these documents under seal in relation to future filings. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh) 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) |
| Filing 10 EO: Based on the court's review of Defendant's Rule 16 Scheduling Conference Statement, ECF No. #8 , it is not appropriate to proceed with the Rule 16 Scheduling Conference set for April 24, 2019, at this time. The Rule 16 Scheduling Conference set for April 24, 2019, is VACATED and will be reset at a later date if appropriate.Defendant's Rule 16 Scheduling Conference Statement suggests that this court lacks subject matter jurisdiction over this action. In the interest of judicial economy, the issue of subject matter jurisdiction must be resolved before proceeding. No later than 5/3/2019, Defendant shall file the appropriate motion addressing the issue of subject matter jurisdiction. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(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) |
| Filing 9 MOTION re #8 Scheduling Conference Statement, to Seal Certain Exhibits Joy A. Yanagida appearing for Defendant Joshua B. Hyman (Attachments: #1 Certificate of Service)(Yanagida, Joy) |
| Filing 8 Scheduling Conference Statement of Joshua Hyman. (Attachments: #1 certification re: word count, #2 Declaration of Joy Yanagida, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C (sealed), #6 Exhibit D (sealed), #7 Exhibit E (sealed), #8 Exhibit F, #9 Certificate of Service)(Yanagida, Joy) |
| Filing 7 EO: Regarding Rule 16 Scheduling Conference set for 4/24/2019 at 9:30 a.m., the parties are reminded that Rule 16 Scheduling Conference Statements shall be filed no later than 4/17/2019. See Local Rule 16.2(b). Any party wishing to appear by telephone may contact chambers at 808-541-1900 no later than 4/17/2019, to provide a telephone number where they can be reached on the day of the conference. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(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) |
| Filing 6 EO: The Rule 16 Scheduling Conference set for 04/17/2019 is CONTINUED to 4/24/2019 at 09:30AM in Chambers of MAGISTRATE JUDGE RICHARD L. PUGLISI before MAGISTRATE JUDGE RICHARD L. PUGLISI. Rule 16 Scheduling Conference Statements are due by 4/17/2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(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) |
| Filing 5 Defendant Joshua Hyman's ANSWER to Complaint filed 2/20/19 by Joshua B. Hyman.(Yanagida, Joy) |
| Filing 4 SUMMONS Returned Executed by Angela Michelle Morelli. Defendant Joshua B. Hyman served on 2/22/2019 (Attachments: #1 Mailing Envelope) (jo) |
| Filing 3 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of Summons, #2 Waiver of the Service of Summons) (jo) |
Filing 2
Order Setting Rule 16 Scheduling Conference for 09:00 AM on 4/17/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/20/2019 (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) (jo)
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| Filing 1 COMPLAINT against Defendant Joshua B. Hyman filed by Plaintiff Angela Michelle Morelli (Filing Fee $400.00 -PAID-Receipt #HI025858) (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 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Additional Supporting Documents, #40 Exhibit A ( RETAINED)) (jo) (Additional attachment added on 3/5/2019: #41 Filing Fee Receipt #HI025858) (jo) |
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| Plaintiff: Angela Michelle Morelli | |
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| Defendant: Joshua B. Hyman | |
| Represented By: | Joy A. Yanagida |
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