Enomoto et al v. Four Seasons Hotels Limited et al
| Yuriko Enomoto and Ichiro Enomoto |
| Matt Hasegawa, Four Seasons Hotels Limited, Doe Defendants 1-10, Hualalai Investors LLC, Matthew Hasegawa and Doe Corporate Entities 1-10 |
| 1:2019cv00652 |
| December 6, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 25 NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS AND PARTIES by Ichiro Enomoto, Yuriko Enomoto - Signed by JUDGE JILL A. OTAKE. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs hereby file this notice of dismissal as to all claims and parties in the Complaint, filed December 6, 2019, without prejudice. Defendant Four Seasons Hotels Limited was dismissed without prejudice by order of the Court on December 27, 2019. All other claims and parties are hereby dismissed without prejudice. (emt, ) |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #24 Notice of Dismissal Without Prejudice of All Claims and Parties, requires court approval (see LR41.1.). If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (emt, ) |
| Filing 24 NOTICE of Dismissal Without Prejudice of All Claims and Parties Ichiro Enomoto, Yuriko Enomoto. (Stewart, Andrew) |
| Filing 23 NOTICE of Appearance by Rachel Anna Zelman on behalf of Matt Hasegawa, Hualalai Investors LLC on behalf of Matt Hasegawa, Hualalai Investors LLC. (Zelman, Rachel) |
| Filing 22 NOTICE of Appearance by Stacy Y Ma on behalf of Matt Hasegawa, Hualalai Investors LLC on behalf of Matt Hasegawa, Hualalai Investors LLC. (Ma, Stacy) |
| Filing 21 NOTICE of Appearance by Calvin E. Young on behalf of Matt Hasegawa, Hualalai Investors LLC on behalf of Matt Hasegawa, Hualalai Investors LLC. (Young, Calvin) |
| Filing 20 EO: The Rule 16 Scheduling Conference set for 2/3/2020 at 09:00AM is CONTINUED to 09:45AM, the same day, in the Chambers of Magistrate Judge Wes Reber before MAGISTRATE JUDGE WES REBER PORTER. Counsel for Plaintiffs shall notify Defendants of the Rule 16 Scheduling Conference set by the Court. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| COURT'S CERTIFICATE of Service - a copy of 19 Entering Order entered on 1/2/2020, has been served by First Class Mail to Stacy Ma, Esq., Goodsill Anderson Quinn & Stifel, 999 Bishop Street, Suite 1600, Honolulu, Hawai`i 96813 on January 3, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (shm) |
| Filing 19 EO: In light of the request and representations made in the letter #18 submitted to the Court by counsel for Defendants Hualalai Investors, LLC ("Hualalai") and Matt Hasegawa, the Court GRANTS the request and extends the deadlines in its #17 Order dated December 27, 2019 as follows: Hualalai shall provide to Plaintiffs complete information concerning the citizenship(s) of its sole member, Hualalai Investors Mezz, LLC, by January 21, 2020, and Plaintiffs shall show cause why this action should not be dismissed without prejudice as to Hualalai and Hasegawa for lack of subject matter jurisdiction by January 28, 2020. (JUDGE JILL A. OTAKE)(rlfh) |
| Filing 18 Letter to Judge Jill A. Otake from Stacy Y. Ma, Esq., dated December 31, 2019, requesting a two week extension to reply to ECF #17 (jo) |
Filing 17
ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT FOUR SEASONS HOTELS LIMITED; ORDER REQUIRING DEFENDANT HUALALAI INVESTORS, LLC TO PROVIDE CERTAIN INFORMATION TO PLAINTIFFS; AND SECOND ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 12/27/2019. Accordingly, because both Plaintiffs and Four Seasons are alien citizens and complete diversity is lacking, Defendant Four Seasons is DISMISSED WITHOUT PREJUDICE. In order to facilitate the jurisdictional analysis here, the Court ORDERS Defendant Hualalai Investors to provide to Plaintiffs complete information concerning the citizenship(s) of its sole member, Hualalai Investors Mezz, LLC, by January 7, 2020. Upon receiving this information, Plaintiffs are ORDERED TO SHOW CAUSE by January 14, 2020 why this action should not be dismissed without prejudice as to Hualalai Investors for lack of subject matter jurisdiction for the reasons identified in the Order to Show Cause. ( Show Cause Response due by 1/14/2020.) Four Seasons Hotels Limited (a Canada Corporation) terminated. (emt, )
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| Filing 16 SUPPLEMENTAL RESPONSE re #15 Response (Supplemental) to #14 Order to Show Cause Why This Action Should be Not Be Dismissed Without Prejudice filed by Ichiro Enomoto, Yuriko Enomoto. (Attachments: #1 Declaration Counsel, #2 Exhibit A, #3 Exhibit B)(Stewart, Andrew) Modified on 12/23/2019 to add linkage to OSC (emt, ). |
| Filing 15 RESPONSE to #14 Order to Show Cause Why This Action Should be Not Be Dismissed Without Prejudice filed by Ichiro Enomoto, Yuriko Enomoto. (Attachments: #1 Declaration of Ichiro Enomoto )(Stewart, Andrew) Modified on 12/23/2019 to add linkage to the OSC and modify docket text (emt, ). |
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Filing 14
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 12/13/2019. Plaintiffs must file a response to this Order to Show Cause by December 30, 2019, providing complete information concerning the citizenship of the named defendants. Failure to timely respond to this Order to Show Cause will result in a finding that Plaintiffs have failed to carry their burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice. Show Cause Response due by 12/30/2019. (emt, )
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| Filing 13 SUMMONS Returned Executed by Ichiro Enomoto, Yuriko Enomoto. Hualalai Investors LLC served on 12/10/2019. (Stewart, Andrew) |
| Filing 12 SUMMONS Returned Executed by Ichiro Enomoto, Yuriko Enomoto. Four Seasons Hotels Limited served on 12/10/2019. (Stewart, Andrew) |
| Filing 11 Summons Issued as to Hualalai Investors LLC (jo) |
| Filing 10 Summons Issued as to Matt Hasegawa (jo) |
| Filing 9 Summons Issued as to Four Seasons Hotels Limited (jo) |
| Filing 8 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) |
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Filing 7
Order Setting Rule 16 Scheduling Conference for 09:00 AM on 2/3/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/6/2019. (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)
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| Filing 6 NOTICE of Case Assignment: Please reflect Civil Case Number CV 19-00652 JAO-WRP on all further pleadings. (jo) |
| Filing 5 Summons (Proposed) (Stewart, Andrew) |
| Filing 4 Summons (Proposed) (Stewart, Andrew) |
| Filing 3 Summons (Proposed) (Stewart, Andrew) |
| Filing 2 DEMAND for Trial by Jury. (Stewart, Andrew) |
| Filing 1 COMPLAINT against Four Seasons Hotels Limited, Matt Hasegawa, Hualalai Investors LLC( Filing fee $ 400 receipt number 0975-2301238.), filed by Ichiro Enomoto, Yuriko Enomoto.(Stewart, Andrew) |
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