Costales v. City and County of Maui
Plaintiff: Lokelani V. Costales
Defendant: City and County of Maui
Case Number: 1:2019cv00146
Filed: March 22, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1346
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2019 Filing 21 EP: Hearing held on #13 Defendant County of Maui's Motion To Dismiss Complaint Filed on March 22, 2019.Oral arguments heard. Motion taken under Advisement. Court to issue Order. (Court Reporter Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)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)
July 15, 2019 Filing 20 NOTICE of Change of Address by Lokelani V. Costales (jo)
July 15, 2019 COURT'S CERTIFICATE of Service - a copy of the Court's Minutes, Docket No. #21 has been served by First Class Mail to Lokelani V. Costales at the address of record on July 15, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
June 19, 2019 Filing 19 RESPONSE in Support re #13 MOTION to Dismiss Complaint filed on March 22, 2019 filed by City and County of Maui. (Attachments: #1 Certificate of Service)(Kawasaki, Richelle)
June 6, 2019 Filing 18 Plaintiff's Scheduling Conference Statement (Rule 16) - filed by Lokelani V. Costales (Attachments: #1 Mailing Envelope) (jo)
June 6, 2019 Filing 17 PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO DISMISS COMPLAINT FILED ON 3/22/2019 re: #13 - by Lokelani V. Costales. (Attachments: #1 Autopsy Report, #2 Photo #1, #3 Photo #2, #4 Photo #3, #5 Photo #4, #6 Photo #5, #7 Certificate of Service, #8 Mailing Envelope) Note: Attachment 1 is restricted to case participants as it contains personal identifiers(jo)
May 17, 2019 Filing 16 EO: In light of the pending #13 MOTION to Dismiss Complaint set for July 15, 2019, the Rule 16 Scheduling Conference previously set for 05/20/2019 IS CONTINUED TO 08/01/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements, if not already filed, are due by 07/25/2019. (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)
May 15, 2019 Filing 15 EO: On May 14, 2019, Defendant filed a Motion to Dismiss Plaintiff's Complaint for failure to state a claim. ECF No. #13 . Defendant's Motion to Dismiss will be heard on July 15, 2019, at 9:00 a.m. Plaintiff shall file an Opposition memorandum by June 17, 2019. Defendant's Reply is due by June 24, 2019. Motion Hearing is set for 07/15/2019 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)
May 14, 2019 Filing 14 CERTIFICATE OF SERVICE by City and County of Maui Re: Defendant County of Maui's Initial Disclosures (Kawasaki, Richelle)
May 14, 2019 Filing 13 MOTION to Dismiss Complaint filed on March 22, 2019 Richelle Kei Kawasaki appearing for Defendant City and County of Maui (Attachments: #1 Declaration of Joshiah Nishita, #2 Certificate of Service)(Kawasaki, Richelle)
May 14, 2019 Filing 12 NOTICE of Appearance by Richelle Kei Kawasaki on behalf of City and County of Maui on behalf of City and County of Maui. (Kawasaki, Richelle)
May 13, 2019 Filing 11 Scheduling Conference Statement . (Lutey, Moana)
April 26, 2019 Filing 10 SUMMONS Returned Executed: Corporation Counsel County of Maui served on 4/25/2019, through Jerrie L. Sheppard. (Attachments: #1 Mailing Envelope) (jo)
April 26, 2019 Filing 9 SUMMONS Returned Executed: Maui County Parks and Recreation served on 4/25/2019, through Karla Peters. (jo) (Additional attachment(s) added on 4/26/2019: #1 Mailing Envelope) (jo)
April 25, 2019 Filing 8 Summons Issued as to Corporation Counsel, County of Maui (jo)
April 25, 2019 Filing 7 Summons Issued as to City and County of Maui Parks and Recreation Division (jo)
April 24, 2019 Filing 6 EO: On April 22, 2019, Plaintiff Lokelani V. Costales ("Plaintiff") filed a #5 Motion for Entry of Default against Defendant City and County of Maui Parks and Recreation ("Motion"), requesting entry of default against the City and County of Maui Parks and Recreation ("County") for failure to respond or reply to Plaintiff's March 22, 2019 Complaint. It appears that the Complaint was served on March 27, 2019, to William H. Amural Jr, Maui Department of Parks and Recreation's East Maui District Superintendent. See ECF No. 4. The Court finds that Plaintiff's service was improper because Plaintiff failed to effect service on the County in accordance with Federal Rule of Civil Procedure 4(j)(2). Rule 4(j)(2) provides that a state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or(B) serving a copy of each in the manner prescribed by that state's law for serving a summons or like process on such a defendant. Plaintiff fails to meet the requirements of Rule 4(j)(2). First, the County does not have a chief executive officer. Second, Hawaii Rules of Civil Procedure ("HRCP") requires that the summons and complaint be served on a county, as provided by statute or the county charter, or "by delivering a copy of the summons and of the complaint to the corporation counsel or county attorney or any of his or her deputies." Haw. R. Civ. P. 4(d)(6). HRCP also requires that service upon an agency of a county be made by serving the county and by delivering a copy of the summons and of the complaint to such agency. Accordingly, Plaintiff must (1) effect service as provided by statute or county charter, and/or (2) deliver "a copy of the summons and of the complaint to the corporation counsel or any of his or her deputies" at the Department of the Corporation Counsel for the County of Maui and also, deliver a copy of the summons and of the complaint to Maui's Parks and Recreation to properly effect service. Plaintiff is encouraged to consult the HRCP for further guidance. See LR83.13 ("Pro se litigants shall abide by all local, federal, andother applicable rules and/or statutes.")Because Plaintiff has not duly served the summons and Complaint on the County in accordance with the Federal and Hawaii Rules of Civil Procedure, entry of default judgment is not proper at this time. The Court thus DENIES Plaintiff's Motion. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 04/24/2019. (mansfield1)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)
April 24, 2019 COURT'S CERTIFICATE of Service - a copy of 6 Order Denying #5 Motion for Entry of Default Judgment filed April 22, 2019, by Plaintiff Lokelani V. Costales has been served by First Class Mail to 543 Lono Ave., Kahului, HI 96732. (mansfield1)
April 22, 2019 Filing 5 MOTION for Entry of Default Judgment against the Defendant City and County of Maui Parks and Recreation - by Plaintiff Lokelani V. Costales (jo)
March 28, 2019 Filing 4 SUMMONS Returned Executed by Lokelani V. Costales: Defendant City and County of Maui Parks and Recreation served on 3/27/2019 (jo)
March 22, 2019 Filing 3 Summons Issued as to City and County of Maui Parks and Recreation Division (jo)
March 22, 2019 Opinion or Order Filing 2 Order Setting Rule 16 Scheduling Conference for 09:30 AM on 5/20/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/22/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) (jo)
March 22, 2019 Filing 1 COMPLAINT against City and County of Maui Parks and Recreation Division - filed by Lokelani V. Costales (Attachments: #1 Death Certificate, #2 Pictures, #3 Filing Fee Receipt No. HI026071) (jo)

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Defendant: City and County of Maui
Represented By: Richelle Kei Kawasaki
Represented By: Moana Monique Lutey
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Plaintiff: Lokelani V. Costales
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