Hannan Ribiyou Kabushikigaisha v. Agu Ramen, LLC et al
Plaintiff: Hannan Ribiyou Kabushikigaisha
Defendant: Hisashi Teddy Uehara, Agu Isenberg, LLC and Agu Ramen, LLC
Case Number: 1:2019cv00379
Filed: July 12, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 4, 2019 Filing 45 Errata re #44 Memorandum in Support of Motion Errata to Reply Memorandum in Support of Plaintiff's Motion for Appointment of a Receiver. (Attachments: #1 Declaration of Hisayo Yoneya, #2 Certificate of Service)(Bolton, Johnathan)
September 3, 2019 Filing 44 MEMORANDUM in Support re #29 MOTION to Appoint Receiver Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver Plaintiff's Reply Memorandum in Support of Plaintiff's Motion for Appointment of a Receiver filed by Hannan Ribiyou Kabushikigaisha. (Attachments: #1 Declaration of Counsel, #2 Declaration of Rika Takahashi, #3 Declaration of Chika Killian, #4 Declaration of Tyler M. Kimura, #5 Exhibit "34", #6 Exhibit "35", #7 Exhibit "37", #8 Exhibit "38", #9 Exhibit "39", #10 Exhibit "40", #11 Exhibit "41", #12 Exhibit "42", #13 Exhibit "43", #14 Exhibit "44", #15 Exhibit "45", #16 Exhibit "46", #17 Exhibit "47", #18 Exhibit "48", #19 Exhibit "49", #20 Certificate of Word Count, #21 Certificate of Service)(Bolton, Johnathan)
September 3, 2019 Filing 43 REPLY re #27 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Complaint Memorandum In Support Of Its Motion filed by Agu Isenberg, LLC, Agu Ramen, LLC, Hisashi Teddy Uehara. (Attachments: #1 Declaration of Hisashi Teddy Uehara in Support of Defendants' Motion to Dismiss Complaint filed August 2, 2019, #2 Exhibit A Minutes Re IYO Seimen Manager Transfer, #3 Exhibit B Consolidation Agreement 02-14-2008, #4 Exhibit C Consolidation Agreement 03-26-2018, #5 Exhibit D Grant K. Kidani's Letter, #6 Exhibit E Emails to Yonea Re Grant K. Kidani's Letter, #7 Exhibit F Hannan's Consent to Expansion without Hannan Involvement, #8 Exhibit G Capitol Infusion Agreement 12-31-2018, #9 Exhibit H Re Business Updates to Hannan, #10 Exhibit L Buzinkus, LLC Member's Purchase Agreement, #11 Exhibit M AGU Plus Second Amended Operating Agreement, #12 Exhibit N Minutes of the Board (Signed), #13 Certificate of Service Re Defendants' Reply in Support of Its Motion to Dismiss Complaint filed August 2, 2019)(Kidani, Grant)
August 30, 2019 Filing 42 EO: The Court converts the Rule 16 Scheduling Conference to a Status Conference set for the same date and time of 09/09/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 27, 2019 Filing 41 EO: On 08/16/2019 the Court entered a 36 NOTICE OF HEARING setting #27 Defendants Agu Ramen, LLC, Hisashi Teddy Uehara, and Agu Isenberg, LLC's Motion to Dismiss Complaint filed July 12, 2019, and #29 Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver (collectively, "Motions") of 09/12/2019, at 10:00 a.m. Due to September 2, 2019 being a observed holiday, Court revises the deadline on Replies from September 2, 2019 to September 3, 2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 26, 2019 Filing 40 MEMORANDUM in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Complaint filed by Hannan Ribiyou Kabushikigaisha. (Attachments: #1 Certificate of Service)(Saffery, Edmund)
August 26, 2019 Filing 39 MEMORANDUM in Opposition re #29 MOTION to Appoint Receiver Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver filed by Agu Ramen, LLC. (Attachments: #1 Declaration of Hisashi Uehara in Opposition to Plaintiff's Motion for Appointment of a Receiver, #2 Exhibit "L" Buzinkus LLC Member Interest Purchase Agreement, #3 Exhibit "M" Agu Plus LLC Second Amended and Restated Operating Agreement, #4 Exhibit "N" Minutes of the Board of Directors Agu Plus LLC, #5 Exhibit "AA" and "A" to "K" Affidavit of Hisashi Uehara filed August 2, 2019, #6 Certificate of Service Certificate of Word Count; Certificate of Service)(Kidani, Grant)
August 23, 2019 Opinion or Order Filing 38 AMENDED ORDER DENYING #30 PLAINTIFF'S EX PARTE MOTION FOR ORDER TO SHORTEN TIME ON PLAINTIFF HANNAN RIBIYOU KABUSHIKIGAISHA'S MOTION FOR APPOINTMENT OF A RECEIVER ("Motion"). In light of the hearing scheduled for 09/12/2019, at 10:00 a.m., the Court DENIES as moot the #30 Motion. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 08/23/2019. (mansfield2)
August 22, 2019 Opinion or Order Filing 37 ORDER denying #30 PLAINTIFFS EX PARTE MOTION FOR ORDER TO SHORTEN TIME ON PLAINTIFF HANNAN RIBIYOU KABUSHIKIGAISHAS MOTION FOR APPOINTMENT OF A RECEIVER ("Motion"). In light of the hearing scheduled for 09/10/2019, at 10:00 a.m., the Court DENIES as moot the #30 Motion. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 08/22/2019. (mansfield1)
August 16, 2019 Filing 36 NOTICE OF HEARING: The Court sets a hearing for #27 Defendants Agu Ramen, LLC, Hisashi Teddy Uehara, and Agu Isenberg, LLC's Motion to Dismiss Complaint filed July 12, 2019, and #29 Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver (collectively, "Motions") on 9/12/2019, at 10:00 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Oppositions to the Motions are due August 26, 2019. Replies are due September 2, 2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)
August 14, 2019 Filing 35 NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/14/2019. Motions referred to MAGISTRATE JUDGE KENNETH J. MANSFIELD: #4 MOTION for Preliminary Injunction #27 Motion to Dismiss Complaint #29 MOTION to Appoint Receiver #30 Ex Parte MOTION to Shorten Time (jo)
August 9, 2019 Filing 34 EP: FURTHER STATUS CONFERENCE held.Parties have agreed to consent before a Magistrate Judge on the following motions: #4 Plaintiff's Ex Parte Motion for Temporary Restraining Order and Motion for aPreliminary Injunction; #27 Defendants Agu Ramen, LLC, Hisashi Teddy Uehara, and Agu Isenberg,LLCs Motion to Dismiss Complaint Filed July 12, 2019; #29 Plaintiff Hannan Ribiyou Kabushikigaisha's Motion For Appointment of aReceiver and #30 Plaintiff's Ex Parte Motion For Order to Shorten Time On Plaintiff HannanRibiyou Kabushikigaishas Motion For Appointment of a ReceiverCounsel to email the Court on the status of mediation no later than Friday, August 16, 2019. Motions are stayed. (Consent form to be submitted by counsel) (FTR-Ctrm C6 9:59-10:15.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 8, 2019 Opinion or Order Filing 33 ORDER REGARDING SECURITY UNDER FEDERAL RULE OF CIVIL PROCEDURE 65(c) - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/8/2019. (jo)
August 7, 2019 Filing 32 EP: STATUS CONFERENCE held.Discussion held regarding mediation and the following motions: #4 Plaintiff's ex Parte Motion for Temporary Restraining Order and Motion for a Preliminary Injunction; #27 Defendants Agu Ramen, Llc, Hisashi Teddy Uehara, and Agu Isenberg, LLC's Motion to Dismiss Complaint Filed July 12, 2019; #29 Plaintiff Hannan Ribiyou Kabushikigaisha's Motion For Appointment of a Receiver and #30 Plaintiff's ex Parte Motion For Order to Shorten Time On Plaintiff Hannan Ribiyou Kabushikigaisha's Motion For Appointment of a ReceiverDue to Chief Judge J. Michael Seabright's trial schedule, counsel shall discuss with their clients the options of consenting to a Magistrate Judge for the limited purposes of hearing the pending motions or the entire case. Consent is purely voluntary.Chief Judge J. Michael Seabright to issue an Order of Mediation.Further Status Conference is set for Friday, August 9, 2019 at 10:00 a.m. before Chief Judge J. Michael Seabright and Magistrate Judge Kenneth J. Mansfield in Courtroom 6.(FTR-Ctrm C6 9:32 - 9:59.) (JUDGE J. MICHAEL SEABRIGHT and MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 7, 2019 Opinion or Order Filing 31 ORDER SUBMITTING DISPUTE TO MEDIATION - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/7/13. Pursuant to the Alternative Dispute Resolution Act of 1998, 28 U.S.C. 651, et seq., and Local Rule 88.1, the court orders the parties to submit this dispute to mediation. As discussed at the August 7, 2019 status conference, Magistrate Judge Mansfield will supervise the mediation process. (jo)
August 6, 2019 Filing 30 Ex Parte MOTION to Shorten Time to hear Motion re #29 MOTION to Appoint Receiver Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver Edmund K. Saffery appearing for Plaintiff Hannan Ribiyou Kabushikigaisha (Attachments: #1 Declaration of Counsel, #2 Exhibit "1", #3 Exhibit "2", #4 [Proposed] Order Granting Plaintiff's Ex Parte Motion for Order to Shorten Time on Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver, #5 Certificate of Service)(Saffery, Edmund)
August 6, 2019 Filing 29 MOTION to Appoint Receiver Plaintiff Hannan Ribiyou Kabushikigaisha's Motion for Appointment of a Receiver Johnathan C. Bolton appearing for Plaintiff Hannan Ribiyou Kabushikigaisha (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Counsel, #3 Declaration of Tyler M. Kimura, #4 Exhibit "1", #5 Exhibit "2", #6 Exhibit "3", #7 Exhibit "4", #8 Exhibit "5", #9 Exhibit "6", #10 Exhibit "7", #11 Exhibit "8", #12 Exhibit "9", #13 Exhibit "10", #14 Exhibit "11", #15 Exhibit "12", #16 Exhibit "13", #17 Exhibit "14", #18 Exhibit "15", #19 Exhibit "16", #20 Exhibit "17", #21 Exhibit "18", #22 Exhibit "19", #23 Exhibit "20", #24 Exhibit "21", #25 Exhibit "22", #26 Exhibit "23", #27 Exhibit "24", #28 Exhibit "25", #29 Exhibit "26", #30 Exhibit "27", #31 Exhibit "28", #32 Exhibit "29", #33 Exhibit "30", #34 Exhibit "31", #35 Exhibit "32", #36 Exhibit "33", #37 Certificate of Word Count, #38 Certificate of Service)(Bolton, Johnathan)
August 6, 2019 Filing 28 NOTICE OF HEARING: Court sets a Status Conference for 08/07/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties have been notified. (bbb)
August 2, 2019 Filing 27 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Complaint Grant K. Kidani appearing for Defendants Agu Ramen, LLC, Agu Isenberg, LLC, Hisashi Teddy Uehara (Attachments: #1 Affidavit Affidavit of Hisashi Uehara)(Kidani, Grant)
July 26, 2019 Filing 26 REPLY re #4 MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction filed by Hannan Ribiyou Kabushikigaisha. (Attachments: #1 Declaration of Counsel, #2 Declaration of Yukiko Hata, #3 Declaration Hisayo Yoneya, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 18, #11 Exhibit 19, #12 Certificate of Word Count, #13 Certificate of Service)(Bolton, Johnathan)
July 22, 2019 Filing 25 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order to Plaintiff's Motion to Preliminary Injunction filed by Agu Ramen, LLC. (Attachments: #1 Affidavit Affidavit of Uehara in Opposition to Plaintiff's Motion to Preliminary Injunction)(Kidani, Grant)
July 22, 2019 Filing 24 RESPONSE re #19 Memorandum, Regarding Security Under Federal Rules of Civil Procedure 65(c) filed by Agu Ramen, LLC. (Kidani, Grant)
July 22, 2019 Filing 23 SUMMONS Returned Executed by Hannan Ribiyou Kabushikigaisha. Agu Ramen, LLC served on 7/20/2019. (St. Sure, Christopher) Docket Text Modified on 7/23/2019 (jo)
July 22, 2019 Filing 22 SUMMONS Returned Executed by Hannan Ribiyou Kabushikigaisha. Hisashi Teddy Uehara served on 7/20/2019. (St. Sure, Christopher) Docket Text Modified on 7/23/2019 (jo)
July 19, 2019 Filing 21 EP: EARLY SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held.No settlement reached at this time.Parties to update Magistrate Judge Kenneth J. Mansfield regarding status of discussions by July 23, 2019.Parties may contact Magistrate Judge Kenneth J. Mansfield's courtroom Manager, Bernie Aurio at (808) 541-1298, if they so wish further assistance in settlement with the Court. (KJM Chambers 11:30 - 12:45.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
July 19, 2019 Filing 20 EO: By July 26, 2019, Defendants may file a response to Plaintiff's supplemental memorandum regarding security under Federal Rule of Civil Procedure 65(c), ECF No. 19. A response is optional. After July 26, 2019, the court will address whether a bond or other security is necessary (and if so, the amount) under Rule 65(c). (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 19, 2019 Filing 19 MEMORANDUM re #4 MOTION for Temporary Restraining Order , 18 Link,,,, Plaintiff Hannan Ribiyou Kabushikigaisha's Supplemental Memorandum Regarding Security Under Federal Rules of Civil Procedure 65(c) filed by Hannan Ribiyou Kabushikigaisha. (St. Sure, Christopher)
July 16, 2019 Filing 18 EO: Federal Rule of Civil Procedure 65(c) provides that "[t]he court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully restrained." The amount of such a bond or other such security is discretionary. See, e.g., Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir. 2003). Indeed, in some situations "[t]he district court may dispense with the filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from enjoining his or her conduct." Id. (citation omitted). Accordingly, by Friday, July 19, 2019, Plaintiff is directed to file a notification as to how it will meet Rule 65(c)'s requirements, or to establish that no security is required. After receiving the filing, the court will determine whether a response is necessary from Defendants. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 15, 2019 Filing 17 EP: Hearing held on #4 Plaintiff's Ex Parte Motion For Temporary Restraining Order.Oral arguments heard. #4 Plaintiff's Ex Parte Motion For Temporary Restraining Order - GRANTED.Court set the following briefing schedule on the #4 Motion For A Preliminary Injunction: Opposition shall be filed by July 22, 2019; and Reply shall be filed by July 26, 2019. (Court Reporter Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 15, 2019 Opinion or Order Filing 16 ORDER GRANTING EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER; TEMPORARY RESTRAINING ORDER re: #4 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/15/2019. "This temporary restraining order shall take effect on July 15, 2019, at 5:00 p.m., and, by agreement of the parties, shall remain in effect until the court has received full briefing and rules on the pending Motion for Preliminary Injunction." (jo)
July 15, 2019 Filing 15 EO: Court sets an Early Settlement Conference for 07/19/2019 at 11:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties have been notified. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
July 15, 2019 Filing 14 NOTICE of Hearing on #4 Plaintiff's Ex Parte Motion For Temporary Restraining Order and Motion For A Preliminary Injunction set for 7/15/2019 at 03:30 PM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (tyk)
July 15, 2019 Filing 13 Errata re #12 Declaration Missing Page 4. (Attachments: #1 Page 4 to Supplemental Declaration of Counsel)(Bolton, Johnathan)
July 15, 2019 Filing 12 Supplemental Declaration re #4 MOTION for Temporary Restraining Order , 9 Order,,, . (Attachments: #1 Exhibit 12, #2 Exhibit 13)(Bolton, Johnathan)
July 15, 2019 Filing 11 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)
July 15, 2019 Opinion or Order Filing 10 Order Setting Rule 16 Scheduling Conference for 09:30 AM on 9/9/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/15/2019. (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)
July 14, 2019 Opinion or Order Filing 9 EO: On July 12, 2019, Plaintiff Hannan RibiyouKabushikigaisha (Plaintiff) filed an Ex Parte Motion for Temporary Restraining Order (TRO) and Motion for Preliminary Injunction. Specifically, Plaintiff requests that the court issue an ex parte TRO to remain in place until the Motion for Preliminary Injunction can be determined by the court. It appears to the court that Plaintiff seeks the issuance of the TRO without notice to any of the Defendants. If that is the case, then Plaintiff has failed to comply with the requirements of Federal Rule of Civil Procedure 65(b)(1), setting forth the requirementsfor the issuance of a TRO without notice to the opposing party. If Plaintiff does seek a TRO from the court without notice to Defendants, Plaintiff is given until Monday July 15, 2019 at noon to file a supplement to address Rule 65(b)(1). Entered by CHIEF JUDGE J. MICHAEL SEABRIGHT on 07/14/2019. (apg, )
July 13, 2019 Filing 8 Summons Issued as to Agu Isenberg, LLC. c/o The Kidani Law Firm, A Law Corporation. (apg, )
July 13, 2019 Filing 7 Summons Issued as to Hisashi Teddy Uehara. (apg, )
July 13, 2019 Filing 6 Summons Issued as to Agu Ramen, LLC. C/O Hasashi Uehara. (apg, )
July 13, 2019 Filing 5 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00379JMS-KJM on all further pleadings. (apg, )
July 12, 2019 Filing 4 MOTION for Temporary Restraining Order; MOTION For Preliminary Injunction Edmund K. Saffery appearing for Plaintiff Hannan Ribiyou Kabushikigaisha (Attachments: #1 Memorandum in support of Motion, #2 Declaration of Counsel, #3 Declaration of Hisayo Yoneya, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11)(Saffery, Edmund) Docket Entry Modified to add Motion for Preliminary Injunction on 7/30/2019 (jo)
July 12, 2019 Filing 3 Corporate Disclosure Statement by Hannan Ribiyou Kabushikigaisha identifying Corporate Parent Plus Holding, Corporate Parent Plus Kensetsu, Corporate Parent Hannan Ribiyo Holding Company for Hannan Ribiyou Kabushikigaisha.. (Saffery, Edmund)
July 12, 2019 Filing 2 CIVIL Cover Sheet by Hannan Ribiyou Kabushikigaisha. (Saffery, Edmund)
July 12, 2019 Filing 1 COMPLAINT against Agu Ramen, LLC; Hisashi Teddy Uehara; Agu Isenberg, LLC against Hannan Ribiyou Kabushikigaisha ( Filing fee $ 400 receipt number 0975-2231668.), filed by Hannan Ribiyou Kabushikigaisha. (Attachments: #1 Exhibit Exhibit 1, #2 Summons, #3 Summons, #4 Summons)(Saffery, Edmund)

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Defendant: Hisashi Teddy Uehara
Represented By: Grant K. Kidani
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Defendant: Agu Isenberg, LLC
Represented By: Grant K. Kidani
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Defendant: Agu Ramen, LLC
Represented By: Grant K. Kidani
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Plaintiff: Hannan Ribiyou Kabushikigaisha
Represented By: Edmund K. Saffery
Represented By: Johnathan C. Bolton
Represented By: Christopher K. Hikida
Represented By: Christopher P. St. Sure
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