McAllister v. Pepper Esq. et al
| Willis C. McAllister |
| Adecco-Florida U.S.A., Chris Adams, Adecco-Hawaii, U.S.A., Jackson Lewis-N.Y., Jackson Lewis Board of Directors, Vincent A. Cino Esq., Andrew L. Pepper Esq., Trane U.S. Inc., Ingersoll-Ireland, Joyce Russell, Ingersoll Rand-N.C., Curtis L. Brunk, Adecco Board of Directors, Adecco-Switzerland, Alain Dehaze, Marr Jones Wang LLLP., Sarah O. Wang and Barry W. Marr Esq. |
| 1:2020cv00003 |
| January 3, 2020 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
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Filing 15
ORDER (1) DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION; AND (2) REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS FOR PURPOSES OF APPEAL re #8 , #12 , #14 - Signed by JUDGE DERRICK K. WATSON on 2/13/2020. For the reasons stated, McAllister's Motion for Reconsideration, Dkt. No. 8, is DENIED, and the Court REVOKES McAllister's in forma pauperis status for purposes of appeal. The Clerk of Court is DIRECTED to send a copy of this Order to McAllister and to the Ninth Circuit Court of Appeals. See Fed.R.App.P. 24(a)(4)(B). (emt, )COURT'S CERTIFICATE of Service - Willis C. McAllister shall be served served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on February 13, 2020. The Ninth Circuit Court of Appeals served electronically through CM/ECF.
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Filing 14
ORDER of USCA as to #9 Notice of Appeal filed by Willis C. McAllister, USCA NO. 20-15169: Accordingly, proceedings in this court are held in abeyance pending the district court's resolution of the pending January 24, 2020 motion. See Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co. , 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district court's ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district court's ruling; and (2) stating whether appellant intends to prosecute this appeal. (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 February 12, 2020.
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| Filing 13 Attorney/Pro Se Appeal Packet re #9 Notice of Appeal filed by Willis C. McAllister, USCA NO. 20-15169. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Docket Sheet) (emt, )COURTS 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 February 10, 2020. |
| Filing 12 REFERRAL NOTICE of USCA as to #9 Notice of Appeal filed by Willis C. McAllister, USCA NO. 20-15169: This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. (emt, ) |
| Filing 11 USCA TIME SCHEDULE ORDER as to #9 Notice of Appeal filed by Willis C. McAllister, USCA 20-15169. (emt, ) |
| Filing 10 USCA Case Number 20-15169 for #9 Notice of Appeal filed by Willis C. McAllister. (emt, ) |
| Filing 9 Plaintiff's NOTICE OF APPEAL to the 9th Circuit Court of Appeals re #6 , #7 - by Willis C. McAllister. Filing fee $ (IFP Granted, ECF No. #6 ). (emt, ) |
| Filing 8 Plaintiff's MOTION for Reconsideration of the Courts' 1/10/2020 Order (ECF #6 ) - by Plaintiff Willis C. McAllister. (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (emt, ) |
| Filing 7 CLERK'S JUDGMENT entered on 1/10/2020 pursuant to ECF No. #6 ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; AND (2) DISMISSING ACTION WITHOUT LEAVE TO AMEND. (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 January 10, 2020. |
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Filing 6
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; AND (2) DISMISSING ACTION WITHOUT LEAVE TO AMEND re #1 , #2 , #4 - Signed by JUDGE DERRICK K. WATSON on 1/10/2020. McAllister's application to proceed in forma pauperis, Dkt. No. 2-1, is GRANTED. McAllister's Complaint, Dkt. No. 1, is DISMISSED WITHOUT LEAVE TO AMEND, and McAllister's motion to effectuate service of process, Dkt. No. 4, is DENIED as moot. The Clerk of Court is DIRECTED to close this 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 January 10, 2020.
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| Filing 4 Plaintiff's MOTION Requesting the Court, to Instruct the Office of the U.S. Marshalls, to Execute Service of the Plaintiff's Original Complaint Upon All of the Defendants re #1 - by Plaintiff Willis C. McAllister. (ens) |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00AM on 3/2/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/3/2020. (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.(ens)COURT'S CERTIFICATE of Service - Willis C. McAllister has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF)
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| Filing 2 Plaintiff's MOTION Requesting to Proceed IFP in This Lawsuit - by Plaintiff Willis C. McAllister. (Attachments: #1 AO 240)(ens) |
| Filing 1 PLAINTIFF'S ORIGINAL COMPLAINT against All Defendants - filed by Willis C. McAllister. (Attachments: #1 Certificate of Service, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Exhibit "H", #10 Civil Cover Sheet, #11 Proposed Summons) (ens). Modified to separate exhibits on 1/3/2020 (ens). |
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