Decker v. Medeiros
| Johanna Duran Decker |
| Mitchell D. Roth, Leneigha S. Downs, Pretrial Officer, Officer E, Officer C, Officer B, Officer Medeiros and State of Hawaii |
| 1:2019cv00244 |
| May 13, 2019 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 EO: On 5/17/19, Defendant Medeiros filed a Motion for Stay of Proceedings Pending Criminal Action ("Motion") [ECF No. 7]. Plaintiff Decker did not file an opposition by the 6/13/19 deadline. During a status conference held on 6/17/19, Plaintiff confirmed that she has no objection to the Motion. After careful review of the Motion, the records in this case, and the applicable law, the Court GRANTS the Motion. This case is stayed during the duration of the criminal case, State of Hawaii v. Decker, No. 3DTA-19-00803 before the Puna District Court of the Third Circuit of the State of Hawaii, in which Plaintiff Decker is a criminal defendant. Should either party seek to lift the stay, they may do so by motion. granting #7 Motion to Stay. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 EP: Status Conference by Telephone -Discussion held re: Defendant Medeiros' Motion for Stay of Proceedings Pending Criminal Action currently set for 7/5/19 @ 9:30 a.m.Given that no position statement was filed by the deadline on Friday, the Court is likely to issue a ruling without a hearing. The Court is inclined, subject to issuing a ruling, is to grant a limited stay to allow the Plaintiff's state criminal case to proceed in state court and to be resolved - Ms.Decker in agreement. Court will issue a ruling as soon as possible.A Further Status Conference is set for 8/15/19 @ 9:00 a.m. Status Conference is set for 8/15/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 CERTIFICATE OF SERVICE by Medeiros Defendant Officer Medeiros' First Request for Admissions, Answers to Interrogatories and Production of Documents and Things (Horowitz, Devin) |
| Filing 16 SUPPLEMENT re #7 MOTION to Stay Defendent Medeiros' Motion for Stay of Proceedings Pending Criminal Action filed by Medeiros by Medeiros Defendant Medeiros' Supplemental Declaration in Support of its [Doc 7] Motion for Stay of Proceedings Pending Criminal Action. (Attachments: #1 Certificate of Service)(Horowitz, Devin) |
| Filing 15 EO: On 5/29/19, Defendant Officer Medeiros filed a Motion for Leave to File a Supplemental Declaration in Support of Its Motion for Stay of Proceedings Pending Criminal Action ("Motion") [ECF No. 14]. The Court elects to decide the Motion without a hearing pursuant to Rule 7.2(d). The Motion is GRANTED. granting #14 Motion for Leave to File. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 14 MOTION for Leave to File a Supplemental Declaration in Support of its [Doc 7] Motion for Stay of Proceedings Pending Criminal Action Devin K. Horowitz appearing for Defendant Medeiros (Attachments: #1 Exhibit A (Proposed Supplemental Declaration), #2 Certificate of Service)(Horowitz, Devin) |
| Filing 13 Scheduling Conference Statement Defendant Medeiros' Rule 16 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Horowitz, Devin) |
| Filing 12 Defendant Officer Medeiros' ANSWER to Complaint by Medeiros. (Attachments: #1 Certificate of Service)(Horowitz, Devin) |
| Filing 11 EO: Johanna Decker is allowed to appear by telephone at the Motion for Stay of Proceedings Pending Criminal Action set for 7/5/19 @ 9:30 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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: Kaena Horowitz is allowed to appear by telephone at the Motion for Stay set for 7/5/19 @ 9:30 AM. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 EO: The Court converts the Rule 16 Scheduling Conference to a Status Conference by Telephone which is set for 6/17/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Parties to provide their telephone number to the CRM, Toni Fujinaga, at 541-1297. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 8 NOTICE of Hearing on Motion #7 MOTION to Stay Defendent Medeiros' Motion for Stay of Proceedings Pending Criminal Action : Motion Hearing is set for 7/5/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )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 7 MOTION to Stay Defendent Medeiros' Motion for Stay of Proceedings Pending Criminal Action Devin K. Horowitz appearing for Defendant Medeiros (Attachments: #1 Declaration D. Kaena Horowitz, #2 Exhibit A, #3 Certificate of Service)(Horowitz, Devin) |
| Filing 6 NOTICE of Appearance by Laureen L. Martin on behalf of Medeiros on behalf of Medeiros. (Attachments: #1 Certificate of Service)(Martin, Laureen) |
| Filing 5 EO: Devin Horowitz is allowed to appear by telephone at the Rule 16 Scheduling Conference set for 6/17/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 4 EO: Johanna Decker is allowed to appear by telephone at the Rule 16 Scheduling Conference set for 6/17/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 3
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 6/17/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/13/2019. (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, )COURT'S CERTIFICATE of Service - Johanna Duran Decker served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 13, 2019. Registered Participants of CM/ECF received the Notice of Case Assignment electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00244 DKW-RT on all further pleadings. (emt, )COURT'S CERTIFICATE of Service - Johanna Duran Decker served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 13, 2019. Registered Participants of CM/ECF received the Notice of Case Assignment electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 1 NOTICE OF REMOVAL by Medeiros Defendant Medeiros' Notice of Removal; Declaration of D. Kaena Horowitz; Exhibit "A"; Certificate of Service from Third Circuit Court - Hilo, case number 19-1-0114. ( Filing fee $ 400 receipt number 0975-2200679), filed by Medeiros. (Attachments: #1 Declaration D. Kaena Horowitz, #2 Exhibit A, #3 Certificate of Service)(Horowitz, Devin) |
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