McAllister v. Dispute Prevention and Resolution, Inc. et al
| Willis C. McAllister |
| Dispute Prevention and Resolution, Inc., Keith W. Hunter, Stefan M. Reinke and Kelly Bryant |
| 1:2019cv00497 |
| September 11, 2019 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 13
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; AND (2) DISMISSING ACTION WITH LEAVE TO AMEND re #1 , #3 - Signed by JUDGE DERRICK K. WATSON on 11/8/2019. McAllister may have until December 9, 2019 to file an amended complaint. The Court cautions McAllister that the failure to file an amended complaint, consistent with the terms of this Order, by December 9, 2019 may result in the automatic dismissal of this action without prejudice and without further notice. The Clerk is directed to mail McAllister a copy of form "Pro Se 1" "Complaint for a Civil Case." (emt, )COURT'S CERTIFICATE of Service - Willis C. McAllister shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 8, 2019. Pursuant to the Order, a copy of the Court's "Pro Se 1" "Complaint for a Civil Case" form shall be included in the mailing to Mr. McAllister.
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| Filing 12 EO: The Court continues the Rule 16 Scheduling Conference set for 11/18/19 @ 9:00 AM to 1/31/2020 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 1/24/20. (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 11 EO: On October 24, 2019, this Court denied pro se Plaintiff Willis McAllister's motion requesting that the undersigned recuse himself from this case. Dkt. No. 6. The same day, McAllister appealed that decision to the Ninth Circuit Court of Appeals. Dkt. No. 7. With limited exceptions not applicable here, the filing of a notice of appeal divests the district court of jurisdiction. See, e.g., Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir. 1997) (citing Marrese v. Am. Academy of Ortho. Surgeons, 470 U.S. 373, 379 (1985)); McClatchy Newspapers v. Cent. Valley Typographical Union, 686 F.2d 731, 734-35 (9th Cir. 1982). Thus, this Court lacks jurisdiction to review McAllister's motion to proceed in forma pauperis, Dkt. No. 3, and will take no further action on either the motion or with respect to screening the complaint under Title 28, United States Code, Section 1915(e)(2).IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(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) |
| COURT'S CERTIFICATE of Service - a copy of Dkt. No. 11 has been served by First Class Mail to Willis C. McAllister at the address of record on November 1, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 10 Attorney Appeal Packet re #7 Notice of Interlocutory Appeal, (Attachments: #1 Supplement Docket Sheet)(apg, )COURTS CERTIFICATE of Service - William McAllister served on 10/31/2019. 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 USCA Scheduling Order as to #7 Notice of Interlocutory Appeal, filed by Willis C. McAllister. (apg, )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 USCA Case Number 19-17192 for #7 Notice of Interlocutory Appeal, filed by Willis C. McAllister. (apg, )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 Plaintiff's Notice of Appeal to the 9th Circuit Court of Appeals; Certificate of Service by Willis C. McAllister. (apg, )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 EO: On October 22, 2019, pro se Plaintiff Willis McAllister filed a motion requesting that the undersigned recuse himself from this case pursuant to 28 U.S.C. Section 455(a). Dkt. No. 5. Although McAllister does not explain the basis for his request, he does attach numerous entries from the court's docket sheet in McAllister v. Adecco Group, CV 16-00447 DKW, another case brought by McAllister over which the undersigned presided. These docket entry attachments suggest that the basis for the instant recusal motion is McAllister's evident dissatisfaction with this Court's rulings in that case, which is now on appeal. But "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion." Liteky v. United States, 510 U.S. 540, 555 (1994). And McAllister fails to make an intelligible argument (or, indeed, any argument) that "a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned." United States v. Holland, 519 F.3d 909, 913 (9th Cir. 2008) (citation omitted). The motion is therefore DENIED.IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(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) |
| COURT'S CERTIFICATE of Service - a copy of 6 Order on Motion for Recusal has been served by First Class Mail to Willis C. McAllister at the address of record on October 24, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 5 MOTION Requesting that Judge D. K. Watson Recuse Himself from this Lawsuit; (Certificate of Service) - by Plaintiff Willis C. McAllister. (emt, ) |
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 11/18/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/11/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )
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| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Willis C. McAllister. (Attachments: #1 In Forma Pauperis Application, CV 17-00146 LEK-KSC) (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Willis C. McAllister. (emt, ) |
| Filing 1 Plaintiff's Original COMPLAINT; Jury Trial Demanded against All Defendants - filed by Willis C. McAllister. (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) (emt, ) |
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