Suzuki v. Saul
| Yasutaka Suzuki |
| Andrew Saul |
| 1:2019cv00390 |
| July 19, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Document Text |
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| Filing 16 EP: Rule 16 Scheduling Conference - Mr. Suzuki present with his Interpreter Miyoko Crans.Ms. Crans will do her best to translate English to Japanese and Japanese to English for Mr. Suzuki.Rule 16 Scheduling Conference not held.Court informs Mr. Suzuki that once the administrative record is filed, the Court will issue a briefing schedule.Court informed Mr. Suzuki that he is required to follow all court rules and must meet all deadlines. (FTR-Ctrm FTR 5 (8:59-9:08).) (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 15 NOTICE of Appearance by Asim H. Modi on behalf of Andrew Saul on behalf of Andrew Saul. (Modi, Asim) |
| Filing 14 EO: Asim Modi may appear by telephone at the Rule 16 Scheduling Conference set for 9/16/19 @ 9:00 a.m. Mr. Modi to email his telephone number to the CRM at tf@hid.uscourts.gov. (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 13 EO: On 9/11/19, the Court received two, one-sentence letters dated September 11, 2019 from Plaintiff Yasutaka Suzuki. The first letter states that Plaintiff will be "out of town from 9/17/19 through 10/1/19." The second letter states that Plaintiff "would like to change my complaint and request for a Jury Trial." Liberally construing Plaintiff's letters, it appears that in the first letter, Plaintiff may be requesting a continuance of a hearing. The only hearing presently scheduled is the Rule 16 scheduling conference set for 9/16/19 at 9:00 a.m., which is before Plaintiff is out of town on 9/17/19. Accordingly, the Court will disregard Plaintiff's first letter. Plaintiff has the duty to litigate his case "with diligence to take all steps necessary to bring an action to readiness for trial." LR 16.1. This includes, but is not limited to, following the applicable rules, service of the proper parties within the time limit provided in Federal Rules of Civil Procedure ("FRCP"), Rule 4(m), meeting all deadlines, and attending all scheduled hearings. Plaintiff's first letter does not constitute a blanket request to continue all future hearings that may be scheduled during the time that Plaintiff will be out of town and does not excuse Plaintiff from meeting any deadlines that may fall on a date during the time he claims he will be out of town. If Plaintiff seeks to extend a deadline, he must follow the applicable rules and make the appropriate motion. The Court, at its discretion, will review the motion and determine whether an extension is warranted. Liberally construing Plaintiff's second letter, it appears that Plaintiff is seeking to amend his complaint and is requesting a jury trial. If Plaintiff seeks to amend his Complaint, he must do so pursuant to FRCP Rule 15. If Plaintiff wishes to request a jury trial, he must do so pursuant to FRCP Rule 38. Accordingly, the Court will disregard Plaintiff's second letter. Plaintiff is cautioned that he is required to "abide by all local, federal, and other applicable rules and/or statutes." LR81.1. This includes filing appropriate motions when requesting specific relief. Plaintiff's two letters were vague and does not constitute proper motions under the rules. Failure to meet this duty or to comply with the rules may result in sanctions and dismissal of this case. LR81.1. re #11 Letter, #12 Letter. (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 12 Letter addressed to Magistrate Judge Rom Trader from Plaintiff Yasutaka Suzuki Re: Notice of Absence from 9/17/2019 through 10/1/2019, dated September 11, 2019. (emt, ) |
| Filing 11 Letter addressed to Magistrate Judge Rom Trader from Plaintiff Yasutaka Suzuki, Re: Request for Jury Trial, dated September 11, 2019. (emt, ) |
| Filing 10 Scheduling Conference Statement . (Talbert, Daniel) |
| Filing 9 Exhibit and Witness List - filed by Yasutaka Suzuki. (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) (emt, ) |
| Filing 8 Scheduling Conference Statement - by Yasutaka Suzuki. (emt, ) |
| Filing 7 EO: On 8/26/19, Plaintiff filed a document titled "Affidavit" (ECF No. 6). The Affidavit appears to contain arguments in a question-answer format and a request for a Japanese speaking interpreter. Under FRCP 43(d), the Court has discretion to appoint an interpreter when testimony is being taken. However, Plaintiff is not entitled to a court appointed interpreter and the rules do not provide that one should be made available at this time. Accordingly, Plaintiff's request for a Japanese speaking interpreter is DENIED.Plaintiff is reminded that he has a duty to litigate his case and "to take all steps necessary to bring an action to readiness for pretrial and trial." Local Rule 16.1. Plaintiff is also reminded that he is required to "abide by all local, federal, and other applicable rules and/or statutes." Local Rule 83.13. This includes filing the appropriate motions or documents when seeking relief from the Court. Here, there is no clear explanation or reasoning why the affidavit was filed. Plaintiff is cautioned that failure to meet this duty or to comply with the rules could result in sanctions or dismissal of the case. re #6 Affidavit. (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 6 AFFIDAVIT re #1 - by Yasutaka Suzuki. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 5 NOTICE of Appearance by Rachel S. Moriyama on behalf of Andrew Saul on behalf of Andrew Saul. (Moriyama, Rachel) |
| Filing 4 NOTICE re Unavailability of Plaintiff through 8/14/2019 - by Yasutaka Suzuki. (Attachments: #1 Mailing Documentation) (emt, ) |
Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 9/16/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/19/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )
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| Filing 2 Filing fee: $ 400, receipt number HI026908 re #1 Complaint. (emt, ) |
| Filing 1 COMPLAINT for Review of a Social Security Retirement Benefit and Medicare Part A against Andrew Saul - filed by Yasutaka Suzuki. (emt, ) |
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| Defendant: Andrew Saul | |
| Represented By: | Asim H. Modi |
| Represented By: | Rachel S. Moriyama |
| Represented By: | Daniel P. Talbert |
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| Plaintiff: Yasutaka Suzuki | |
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