Mutual Housing Association of Hawaii, Inc. (The) v. Oceanside Capital Advisors, LLC et al
| Mutual Housing Association of Hawaii, Inc. (The) |
| Newport Fund 2000, L.P., Newport Partners Management Corporation, Palolo Valley Homes Limited Partnership and Oceanside Capital Advisors, LLC |
| 1:2020cv00005 |
| January 3, 2020 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 ACKNOWLEDGEMENT OF RECEIPT by the Circuit Court of the First Circuit, State of Hawaii re #38 EO: COURT ORDER REMANDING CASE TO STATE COURT. (emt, ) |
| Filing 39 Transmittal Letter to the Circuit Court of the First Circuit, State of Hawaii re ECF No. #38 EO: COURT ORDER REMANDING CASE TO STATE COURT, dated February 28, 2020. (emt, ) |
| Filing 38 EO: COURT ORDER REMANDING CASE TO STATE COURT. The Clerk's Office is DIRECTED to effectuate the remand on February 20,2020, unless Oceanside files a timely motion for reconsideration of the Instant Order. (JUDGE LESLIE E. KOBAYASHI)(afe, ) |
| Filing 37 EP: Status Conference held on 2/5/2020. Defense counsel, Timothy J. Hughes, present by telephone.Plaintiff's counsel, Christopher T. Goodin advises the Court that the stand still has been extended to mid June.Discussion held.Court ORDERS case be remanded to State Court 14 days from the time the Order is filed.Timothy J. Hughes addresses responsive deadlines.Counsel to meet and confer. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 36 EO: Based on #32 STIPULATION AND ORDER, the Rule 16 Scheduling Conference set for 2/10/2020 is CONTINUED to 3/09/2020 at 09:45AM in the Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 35 EO: The court GRANTS Mr. Meyer's request to have Mr. Huges participate via telephone for the status conference set for 2/5/2020 at 2:45 pm before the Honorable Leslie E. Kobayashi. (JUDGE LESLIE E. KOBAYASHI)(tl, ) |
| Filing 33 EO: The parties filed a Stipulation for Continuance of Dispositive Motions Due Date (the Stipulation) asking the Court to continue the dispositive motions deadline, currently set for February 5, 2020, until March 13, 2020. See ECF No. 200. Federal Rule of Civil Procedure 16(b)(4) provides that [a] schedule may be modified only for good cause and with the judges consent. Fed. R. Civ. P. 16(b)(4) (emphasis added). That is, even if the parties agree, the Court will only move a deadline with a finding of good cause. Here, the parties to the Stipulation only offered that their proposed deadline remains more than 120 days out from the July 7, 2020 trial date. See ECF No. 200 at 2. The Stipulation is insufficient to establish good cause for the continuance. Accordingly, the Court STRIKES the Stipulation and encourages the parties to set forth good cause for any continuance in a declaration. Further, parties must email proposed stipulations and orders to the appropriate orders inbox via the email addresses on the Court's website. See LR 10.5. (MAGISTRATE JUDGE WES REBER PORTER)(kr) Modified on 1/31/2020 (jo) |
Filing 32
STIPULATION REGARDING DEADLINES; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/31/2020. (emt, )
|
| Filing 31 Supplemental Declaration re #28 Letter Brief Establishing Diversity Jurisdiction. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Meyer, William) |
| ADVISORY ENTRY-Wrong Case-Please be advised that Document 33 was inadvertently entered in the instant case. Please disregard this docket entry. (kr) |
| Filing 30 REPLY re #28 Brief [Plaintiff The Mutual Housing Association of Hawaii, Inc.s Reply Brief Re: Diversity Jurisdiction] filed by Mutual Housing Association of Hawaii, Inc. (The). (Attachments: #1 Certificate of Service)(Goodin, Christopher) |
| Filing 29 EO: COURT ORDER DENYING #25 PLAINTIFF'S MOTION TO SUBMIT DOCUMENTS UNDER SEAL. This Court HEREBY RETURNS the lodged copies of the proposed exhibits to Plaintiff's counsel. This Court will destroy its copies of Plaintiffs proposed exhibits, unless Plaintiff's counsel retrieves them from chambers, during regular business hours, by January 31, 2019. (JUDGE LESLIE E. KOBAYASHI) (afe) (Main Document 29 replaced on 1/24/2020) (afe, ). |
| Filing 28 Brief Oceanside Capital Advisors, LLC's Brief Establishing Diversity Jurisdiction. (Attachments: #1 Exhibit A (Declaration), #2 Certificate of Service)(Meyer, William) |
| Filing 27 EO: Due to a conflict with the Court's schedule, the Status Conference 3 is reset for 2/5/2020 at 02:45 PM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 26 EO: COURT'S INCLINATION REGARDING SUBJECT MATTER JURISDICTION. (JUDGE LESLIE E. KOBAYASHI)(tl, ) |
| Filing 25 MOTION to Seal Document Plaintiff The Mutual Housing Association of Hawaii, Inc.'s Non-Hearing Motion to Submit Document Under Seal; Declaration of Christopher T. Goodin; [Proposed] Order Granting Plaintiff The Mutual Housing Association of Hawaii, Inc.'s Non-Hearing Motion to Submit Document Under Seal; Certificate of Service Christopher T. Goodin appearing for Plaintiff Mutual Housing Association of Hawaii, Inc. (The) (Attachments: #1 Declaration of Christopher T. Goodin, #2 [Proposed] Order Granting Non-Hearing Motion to Submit Documents Under Seal, #3 Certificate of Service)(Goodin, Christopher) |
| Filing 23 TRANSCRIPT of STATUS CONFERENCE Proceedings held on 01-08-2020, before Judge Leslie E. Kobayashi. Court Reporter - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. PP. - 31 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 2/3/2020. Redacted Transcript Deadline set for 2/12/2020. Release of Transcript Restriction set for 4/13/2020. (dr@, hid.uscourts.gov) |
| Filing 22 Letter Brief Re: Jurisdiction, re ECF No. #19 addressed to Judge Leslie E. Kobayashi from Timothy J. Hughes, Esq., dated January 13, 2020. (emt, ) |
| Filing 20 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV190002414. (Attachments: #1 Circuit Court Clerk's Certificate, #2 Case Detail Docket List) (emt, ) |
| Filing 19 EP: STATUS CONFERENCE REGARDING PLAINTIFF'S REQUEST FOR HEARING ON ITS (1) HEARING MOTION FOR TEMPORARY RESTRAINING ORDER AND (2) MOTION FOR EXPEDITED DISCOVERY held on 1/8/2020. Defense counsel, Timothy J. Hughes, present by telephone.Court addresses the parties regarding the status hearing and outlines the instant questions regarding Jurisdictional issue and Diversity Jurisdiction.Court hears brief arguments. Court directs counsel, Timothy J. Hughes to submit a 1 page letter with the case law cited in his argument by 1/13/2020.Court addresses the request for a Temporary Restraining Order.Discussion held.Defense directed to submit a letter brief (three (3) page limit) to the Court by no later than 1/13/2020 to advise if a stand still agreement to extend the termination deadline from 1/16/2020 to 2/19/2020 has been reached. (Court Reporter Debi read.) (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 18 Letter addressed to Judge Leslie E. Kobayashi from Christopher T. Goodin, Esq., dated January 7, 2020, Re: Submission of case authorities regarding federal question and diversity jurisdiction for hearing on January 8, 2020. (emt, ) |
|
Filing 17
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO TIMOTHY J. HUGHES re #13 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/8/2020. (emt, )
|
| Filing 16 EO: Mr. Meyer and Ms. Brotman's request (Dkt. #15 ) to have Pro Hac Vice counsel, Timothy J. Hughes participate by phone for the status conference scheduled for Wednesday 1/8/2020 is hereby GRANTED.. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 15 Correspondence re: Letter addressed to Judge Leslie E. Kobayashi from William G. Meyer III and Julia K. Brotman for Pro Hac Vice Counsel, Timothy J. Hughes to participate by telephone for the Status Conference scheduled for 1/8/2020 at 10:30 AM (afe, ) |
| Filing 14 AMENDED DOCUMENT by Oceanside Capital Advisors, LLC. Amendment to #13 MOTION for Pro Hac Vice Appearance for Timothy J. Hughes Filing fee $ 300, receipt number 0975-2313627. . (Attachments: #1 Certificate of Service)(Meyer, William) |
| Filing 13 MOTION for Pro Hac Vice Appearance for Timothy J. Hughes Filing fee $ 300, receipt number 0975-2313627.William G. Meyer, III appearing for Defendant Oceanside Capital Advisors, LLC (Attachments: #1 Certificate of Service)(Meyer, William) |
| Filing 12 EO: COURT ORDER TO APPEAR AT A STATUS CONFERENCE REGARDING PLAINTIFF'S REQUEST FOR HEARING ON ITS (1) HEARING MOTION FOR TEMPORARY RESTRAINING ORDER AND (2) MOTION FOR EXPEDITED DISCOVERY. (JUDGE LESLIE E. KOBAYASHI)(tl, ) |
| Filing 11 ACKNOWLEDGEMENT OF SERVICE Executed 12/30/19 as to Palolo Valley Homes Limited Partnership Acknowledgement filed by Mutual Housing Association of Hawaii, Inc. (The). (Akagi, Trisha) Modified on 1/7/2020 (emt, ). |
| Filing 10 ACKNOWLEDGEMENT OF SERVICE Executed 1/2/2020 as to Newport Fund 2000, L.P. Acknowledgement filed by Mutual Housing Association of Hawaii, Inc. (The). (Akagi, Trisha) Modified on 1/7/2020 (emt, ). |
| Filing 9 ACKNOWLEDGEMENT OF SERVICE Executed 12/30/19 as to Newport Partners Management Corporation Acknowledgement filed by Mutual Housing Association of Hawaii, Inc. (The). (Akagi, Trisha) Modified on 1/7/2020 (emt, ). |
| Filing 8 ACKNOWLEDGEMENT OF SERVICE Executed 12/31/19 as to Oceanside Capital Advisors, LLC Acknowledgement filed by Mutual Housing Association of Hawaii, Inc. (The). (Akagi, Trisha) Modified on 1/7/2020 (emt, ). |
| Filing 7 NOTICE of Appearance by Abigail Marie Holden on behalf of Palolo Valley Homes Limited Partnership on behalf of Palolo Valley Homes Limited Partnership. (Holden, Abigail) |
| Filing 6 NOTICE of Appearance by Robert K. Fricke on behalf of Palolo Valley Homes Limited Partnership on behalf of Palolo Valley Homes Limited Partnership. (Fricke, Robert) |
| Filing 5 NOTICE of Appearance by Joachim P. Cox on behalf of Palolo Valley Homes Limited Partnership on behalf of Palolo Valley Homes Limited Partnership. (Cox, Joachim) |
|
Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 2/10/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/6/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLIANT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
|
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00005 LEK-WRP on all further pleadings. (emt, ) |
| Filing 2 REQUEST Plaintiff The Mutual Housing Association of HawaiI, Inc.s Request For Hearing On Its (1) Hearing Motion For Temporary Restraining Order And (2) Motion For Expedited Discovery by Mutual Housing Association of Hawaii, Inc. (The). (Attachments: #1 Declaration Christopher T. Goodin, #2 Exhibit A, #3 Exhibit B, Part 1, #4 Exhibit B, Part 2, #5 Exhibit B, Part 3, #6 Exhibit B, Part 4, #7 Exhibit B, Part 5, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Certificate of Service)(Goodin, Christopher) Modified on 1/6/2020 (emt, ). |
| Filing 1 NOTICE OF REMOVAL by Oceanside Capital Advisors, LLC from Circuit Court of the First Circuit, State of Hawai'i, case number 1CCV-19-0002414., filed by Oceanside Capital Advisors, LLC. (Attachments: #1 Declaration of Timothy J. Hughes, #2 Declaration of Julia K. Brotman, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service, #11 Civil Cover Sheet)(Meyer, William) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
