Ora-a v. Axis Insurance Company
| Alexander Ora-a |
| Roe Corporation Defendants 1-10, Axis Insurance Company, Doe Defendants 1-10, John D. Prebula, Kiril Stanislaus Kuzma and Satya Anubhuti |
| 1:2020cv00063 |
| February 7, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 EO: On 2/10/20, Plaintiff filed a First Amended Complaint without leave of court (ECF No. 7). The First Amended Complaint added John D. Prebula, Kiril Stanislaus Kuzma, and Satya Anubhuti as defendants (collectively additional defendants). On 3/9/20, Defendant Axis Insurance Company (Axis) filed a Motion to Sever Plaintiffs Claims against the additional defendants (Motion to Sever) (ECF No. 15). On 4/1/20, the district court found that Plaintiff was not authorized to amend his complaint as a matter of right and ordered the First Amended Complaint stricken (ECF No. 21). The additional defendants are not parties to this litigation. Accordingly, the Motion to Sever is moot and shall be terminated. The hearing set for 04/30/2020 at 9:30 a.m. is vacated. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 23 EO: The Court is in receipt of Plaintiff's counsel's 4/1/20 email noting the lack of opportunity to file a reply to explain why Plaintiff filed a First Amended Complaint and inquiring whether he had inadvertently missed an order advancing the reply deadline. Counsel did not miss any deadlines. Instead, after carefully reviewing #10 Plaintiff's Motion for an Order of Remand and #20 Defendant's Memorandum in Opposition, which was filed after the Court directed Plaintiff to explain why he failed to seek leave to file a First Amended Complaint, ECF No. 19, the Court determined that Plaintiff's Motion should be denied for the reasons set forth in the 4/1/20 Entering Order ("EO") because the reply could not have remedied the deficiencies identified in the EO. ECF No. 21. (JUDGE JILL A. OTAKE)(shm) |
| Filing 22 Email from Ted Hong, Esq. requesting clarification on orders concerning the Motion to Remand, dated April 1, 2020. (emt, ) |
| Filing 21 EO: Before the Court is #10 Plaintiff's Motion for an Order of Remand. After reviewing the parties' submissions, the Court DENIES the Motion. First, Plaintiff failed to comply with Local Rule 7.8, which requires counsel contemplating filing any motion to confer, at least seven days prior to filing the motion, with opposing counsel regarding "the substance of the contemplated motion and any potential partial or complete resolution." Local Rule 7.8. In addition, the Court requires conferences to be conducted by lead counsel via a realtime communication method. See General Civil Case Procedures Before Judge Otake at 3. "If the parties are unable to reach a resolution that eliminates the necessity for a dispositive motion, counsel for the movant shall include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." Id. The statement shall also "detail the issues discussed and resolved during the conference and the issues remaining." Id. Failure to strictly comply with Local Rule 7.8 and the foregoing requirements will result in the striking and/or denial of the motion. Id.Second, Plaintiff filed a First Amended Complaint without leave of court. The Motion seeks relief based on a procedural posture that it wrongfully obtained. Where, as here, Plaintiff added parties that destroyed diversity jurisdiction, he was required to file a motion to amend the complaint pursuant to 28 U.S.C. 1447(e); he was not authorized to amend his complaint as a matter of right. Therefore, the First Amended Complaint is HEREBY STRICKEN. If Plaintiff wishes to file an amended pleading that includes diversity-destroying parties, he must file a proper motion and must fully comply with Local Rule 7.8 and the Court's General Civil Case Procedures. (JUDGE JILL A. OTAKE)(shm) |
| Filing 20 MEMORANDUM in Opposition re #10 First MOTION to Remand to State Court filed by Axis Insurance Company. (Attachments: #1 Declaration of J. Patrick Gallagher, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Gallagher, J.) |
| Filing 19 EO: Currently pending before the Court is Plaintiff's #10 Motion for an Order of Remand. Plaintiff is directed to explain in his reply memorandum why he filed a First Amended Complaint without seeking leave of court pursuant to 28 U.S.C. 1447(e). (JUDGE JILL A. OTAKE)(otake1) |
| Filing 18 EO: Motion Hearing is set for 04/30/2020 at 9:30 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER for ECF #15 MOTION to Sever Plaintiff's Claims Against Defendants John D. Prebula; Kiril Stanislau and Satya Anubhuti. (MAGISTRATE JUDGE ROM TRADER)(jp) |
Filing 17
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 3/9/2020. (emt, )
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| Filing 16 EP: RULE 16 SCHEDULING CONFERENCE held.Court confirms Plaintiff's Motion for an Order of Remand [ECF 10] is currently pending before District Judge Otake. Telephone Status Conference is set for May 19, 2020 at 9:00 a.m. before Magistrate Judge Trader. Counsel to provide contact information to CRM at juliet_parker@hid.uscourts.gov by 5/15/2020. Court to issue Rule 16 Scheduling Order.Dates given: Jury Trial is set for 9:00 a.m. on 06/07/2021 in Aha Kanawai before JUDGE JILL A. OTAKE. Settlement Conference is set for 03/08/2021 at 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER.Settlement Conference statements due by 03/01/2021. Final Pretrial Conference is set for 04/27/2021 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 01/06/2021. Discovery due by 04/09/2021. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 15 MOTION to Sever Plaintiff's Claims Against Defendants John D. Prebula; Kiril Stanislau and Satya Anubhuti J. Patrick Gallagher appearing for Defendant Axis Insurance Company (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of J. Patrick Gallagher, #3 Exhibit A - Part 1, #4 Exhibit A - Part 2, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Certificate of Service)(Gallagher, J.) |
| Filing 14 Scheduling Conference Statement . (Attachments: #1 Certificate of Service for Settlement Conf. Stmt)(Roehrig, Stanley) |
| Filing 13 EO: The Court elects to decide Plaintiff's #10 Motion for an Order of Remand without a hearing pursuant to Local Rule 7.1(c). Defendants' responses are due by 3/20/20. Plaintiff's reply is due by 4/3/20.(JUDGE JILL A. OTAKE)(shm) |
| Filing 12 Scheduling Conference Statement of Defendant Axis Insurance Company. (Attachments: #1 Certificate of Service)(Gallagher, J.) |
| Filing 11 Errata to Plaintiff's Motion for Order of Remand and Memorandum in Support. (Attachments: #1 Exhibit Exhibit A, #2 Certificate of Service)(Roehrig, Stanley) |
| Filing 10 First MOTION to Remand to State Court Stanley H Roehrig appearing for Plaintiff Alexander Ora-a (Attachments: #1 Declaration Declaration of Stanley H. Roehrig, #2 Certificate of Service)(Roehrig, Stanley) |
| ADVISORY ENTRY. Incorrect Event- Please be advised that an incorrect filing event was selected for docket entry #7 Amended Document ("First Amended Complaint") filed by Alexander Ora-A. Please be advised that the filing event "Amended Complaint" is located under the "Other Attorney Filed Opening Documents" category. The docket text has been modified and no further action is necessary. For the filing party's future reference, a helpful tool in determining the correct filing event is the "SEARCH" option located on the CM/ECF tool bar. A text window will appear wherein the filer may type in the word that describes the filing. (emt, ) |
| Filing 9 ANSWER to Complaint re #7 [Answer to First Amended Complaint Filed February 10, 2020] by Axis Insurance Company. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Gallagher, J.) Modified on 2/25/2020 (emt, ). |
| Filing 8 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) |
| Filing 7 Document stricken pursuant to ECF No. 21 Minute Order: AMENDED DOCUMENT First Amended Complaint for Breach of the Covenant of Good Faith and Fair Dealing; for Unfair and Deceptive Trade Practices and for Declaratory Relief by Alexander Ora-a. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K) (Roehrig, Stanley) Modified on 2/25/2020 (emt, ). Modified on 4/1/2020 (emt, ). |
| Filing 6 ANSWER to Complaint with Jury Demand by Axis Insurance Company. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Gallagher, J.) |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 3/9/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/7/2020. (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 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00063 JAO-RT on all further pleadings. (emt, ) |
| Filing 3 Corporate Disclosure Statement by Axis Insurance Company identifying Corporate Parent Axis Specialty U.S. Holdings, Inc. for Axis Insurance Company.. (Attachments: #1 Certificate of Service)(Gallagher, J.) |
| Filing 2 CIVIL Cover Sheet by Axis Insurance Company. (Gallagher, J.) |
| Filing 1 NOTICE OF REMOVAL by Axis Insurance Company from Third Circuit Court, State of Hawaii, case number Civil No. 3CCV-20-0000013. ( Filing fee $ 400 receipt number 0975-2330840), filed by Axis Insurance Company. (Attachments: #1 Exhibit A, #2 Declaration of J. Patrick Gallagher, #3 Certificate of Service)(Gallagher, J.) |
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