Mikkelsen v. Wuh
| Carsten Mikkelsen and Enigma Daughters, LLC |
| Hank C.K. Wuh, Locations, LLC and Ala Hana, LLC |
| 1:2019cv00533 |
| October 1, 2019 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 18 Corporate Disclosure Statement by Locations, LLC identifying Corporate Parent Resco, Inc. for Locations, LLC.. (Irons, Timothy) |
| Filing 17 STIPULATION re #2 Supplement, First Stipulation Extending Time for Defendant Locations LLC to Respond to Plaintiffs' Complaint by Locations, LLC. (Irons, Timothy) |
Filing 16
STIPULATION RE RULE 16 SCHEDULING CONFERENCE ECF NO. #5 ; AND ORDER, signed by MAGISTRATE JUDGE WES REBER PORTER on 11/05/2019. The Rule 16 Scheduling Conference is CONTINUED to February 4, 2020 at 9:45 a.m. in the Chambers of Magistrate Judge Wes Reber Porter.(apg, )
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Filing 15
STIPULATION RE RULE 16 SCHEDULING CONFERENCE ECFNO. #5 ; AND ORDER, signed by MAGISTRATE JUDGE WES REBER PORTER on 11/05/2019. (apg, )
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| Filing 14 WAIVER OF SERVICE Returned Executed by Hank C.K. Wuh. Hank C.K. Wuh waiver sent on 10/12/2019, answer due 12/11/2019. (Allison, Grant) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Ala Hana, LLC. Ala Hana, LLC waiver sent on 10/12/2019, answer due 12/11/2019. (Allison, Grant) |
| Filing 12 RESPONSE re #11 Link,,,,, Locations LLC Citizenship/Diversity Jurisdiction filed by Carsten Mikkelsen. (Colombe, Leroy) |
| Filing 11 EO: In response to the court's Order to Show Cause regarding subject-matter jurisdiction, ECF No. #8 , Plaintiffs have demonstrated diversity of citizenship between all Plaintiffs and Defendants Wuh and Ala Hana, LLC. See ECF No. #10 . It remains unclear, however, whether there is complete diversity of citizenship between all Plaintiffs and Co-Defendant Locations, LLC. It appears that Defendant Locations, LLC (an established Hawaii real estate company) has 30 members, but it is unclear whether-however unlikely it may be-any of them are citizens of Texas. Plaintiffs have requested 90 days to conduct jurisdictional discovery to determine that none of the members are citizens of Texas, or, alternatively, have Defendant Locations, LLC, inform the court whether any of its members are citizens of Texas. ECF No. #10 .Given Plaintiffs' response, the court DISSOLVES the Order to Show Cause. That is, the court will not dismiss the case without prejudice for lack of subject-matter jurisdiction at this time. Rather, the court will allow service of process to proceed, and allow Defendants to respond in the ordinary course. Within 14 days of service, the parties are directed to meet and confer in good faith regarding the citizenship of Locations, LLC, and notify the court by letter if there is or is not a dispute regarding jurisdiction. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| ADVISORY ENTRY: Please be advised the exhibits included in document #10 Response filed by Carsten Mikkelsen are comprised of several exhibits and not submitted as separate pdf-attachments. In order to demonstrate the manner in affixing attachments, the Clerk's office will re-enter the exhibits as separate attachments. No further action necessary. (jo) |
| Filing 10 RESPONSE to Order to Show Cause Why Action Should Not Be Dismissed filed by Carsten Mikkelsen. (Colombe, Leroy) (Additional attachments added on 10/21/2019: #1 Declaration of Leroy E. Colombe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Certificate of Service) (jo) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Carsten Mikkelsen. Locations, LLC waiver sent on 10/2/2019, answer due 12/2/2019. (Colombe, Leroy) |
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Filing 8
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/2/2019. "Accordingly, Plaintiffs are ordered to SHOW CAUSE why the action should not be dismissed for lack of subject-matter jurisdiction. In showing cause, Plaintiff shall identify all of the owners/members of Enigma, Ala Hana, and Locations, and specify their citizenship. And if any of the members of Enigma, Ala Hana, and Locations are themselves LLCs and/or unincorporated associations, Plaintiffs shall identify those entities and specify their citizenship as well. If Plaintiffs fail to respond to this Order to Show Cause by October 16, 2019, the court will find that Plaintiffs have not carried their burden of establishing this court's jurisdiction and will dismiss the action without prejudice." (jo)
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| Filing 7 First Corporate Disclosure Statement by Carsten Mikkelsen. (Colombe, Leroy) |
| Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, ) |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 11/26/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/1/2019. (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, )
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| Filing 4 Summons Issued as to All Defendants. (emt, ) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00533 JMS-WRP on all further pleadings. (emt, ) |
| Filing 2 [SUPPLEMENT] COMPLAINT (re-submission of Complaint to reflect electronic signature of Leroy E. Colombe, Esq.) by Carsten Mikkelsen . (Attachments: #1 Supplement Electronically Signed Documents Civil Cover Sheet )(Colombe, Leroy) (Main Document 2 replaced on 10/1/2019) (emt, ). (Attachment 1 replaced on 10/1/2019) (emt, ). Modified on 10/1/2019 (emt, ). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2270322.), filed by Carsten Mikkelsen. (Attachments: #1 Civil Cover Sheet)(Colombe, Leroy) |
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