Riter et al v. Wacker et al
| Lester Eugene Riter and Teresa Marie Altman |
| Doe Entities 1-50, Doe Corporations 1-50, Doe Partnerships 1-50, Doe Governmental Units 1-50, Summer Okada, Constance Lau, Geraldine K. Cheplic, John Does 1-50, Jane Does 1-50, Richard F. Wacker, Alan H. Tuhy and Marvin S.C. Dang, LLLC |
| 1:2019cv00482 |
| September 5, 2019 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 8 EO: On September 5, 2019, Plaintiffs filed a Complaint and an application to proceed in forma pauperis ("IFP Application"). ECF Nos. #1 - #2 . On October 11, 2019, this court ordered Plaintiffs to show cause ("OSC") by November 12, 2019 why their Complaint should not be dismissed for lack of subject-matter jurisdiction and held their IFP Application in abeyance pending the filing of their Response to the OSC. ECF No. #4 . On October 31, 2019, Defendants filed a Motion to Dismiss the Complaint for lack of jurisdiction. ECF No. #5 .Defendants' Motion is premature. In fact, Defendants concede that they have not yet been served with the Complaint. Before this case may proceed, the court must first rule on the IFP Application; and if granted, screen the Complaint; and if the court determines that Plaintiffs have stated a claim, direct service of the Complaint. See 28 U.S.C. 1915(a)(1), (e)(2). Thus, Defendants' Motion to Dismiss, ECF No. #5 , is DENIED without prejudice to refiling if a screened Complaint is served on Defendants. (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 7 MOTION to Dismiss for Lack of Jurisdiction Michael R. Vieira appearing for Defendants Richard F. Wacker, Constance Lau (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Declaration Declaration of Michael R. Vieira, #3 Exhibit Exhibit "A", #4 Exhibit Exhibit "B", #5 Certificate of Service)(Vieira, Michael) |
| Filing 6 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Vieira, Michael) |
| Filing 5 Corporate Disclosure Statement by Constance Lau, Richard F. Wacker identifying Corporate Parent American Savings Bank, F.S.B. for Constance Lau, Richard F. Wacker.. (Attachments: #1 Certificate of Service)(Vieira, Michael) |
Filing 4
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT-MATTER JURISDICTION - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/11/2019. "Based on the foregoing, the court ORDERS Plaintiffs to show cause by November 12, 2019, why this action should not be dismissed for lack of subject-matter jurisdiction. Plaintiffs' IFP Application will be held in abeyance pending the filing of a Response to this Order. Failure to file a Response to this Order by November 12, 2019 will result in automatic dismissal of this action without prejudice." (jo)COURT'S CERTIFICATE of Service - Lester Eugene Riter and Teresa Marie Altman will be served by First Class Mail on October 11, 2019 to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:30 AM on 11/18/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/10/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) (jo)COURT'S 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)
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| Filing 2 APPLICATION To Proceed in District Court Without Prepaying Fees or Costs - by Plaintiffs Teresa Marie Altman, Lester Eugene Riter (Attachments: #1 Mailing Envelope) (jo) |
| Filing 1 COMPLAINT against All Defendants - filed by Teresa Marie Altman, Lester Eugene Riter. (Attachments: #1 Addresses, #2 July Bill, #3 Civil Cover Sheet, #4 Mailing Envelope) (jo) |
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