Tuomela v. Waldorf=Astoria Management LLC
Plaintiff: Wendy Tuomela
Defendant: Does 1-78 and Waldorf=Astoria Management LLC
Case Number: 1:2020cv00117
Filed: March 13, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: J MICHAEL SEABRIGHT
Referring Judge: ROM TRADER
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2020 Opinion or Order Filing 24 RESPONSE REPLY MEMORANDUM in Support re #18 MOTION to Dismiss FOR JUDGMENT ON THE PLEADINGS AS TO COUNT I (EXTORTION) filed by Waldorf=Astoria Management LLC. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Pepper, Andrew) Docket Text Modified on 5/6/2020 (jo)
May 1, 2020 Opinion or Order Filing 23 Plaintiff's OPPOSITION MEMORANDUM; Certificate of Service re: #18 - filed by Wendy Tuomela (Attachments: #1 Mailing Envelope) (jo)
April 20, 2020 Opinion or Order Filing 22 EO: Given the court's April 16, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the court VACATES the June 1, 2020 hearing on Defendant's Motion for Judgment on the Pleadings as to Count I, ECF No. #18 . The motion will be submitted for decision under Local Rule 7.1(c) without a hearing. The specific briefing deadlines previously set forth by the court are unchanged (Plaintiff's Opposition by May 11, 2020; Defendant's optional Reply by May 18, 2020). Unless the parties are notified otherwise, chambers copies are not to be submitted. If questions arise as the court reviews the filings, the court may request supplemental briefing from the parties or schedule a hearing at a later date. If a party needs to request a good-cause extension for briefing given the current public health crisis, they may do so (after consulting with the opposing party or counsel) by letter submitted to seabright orders@hid.uscourts.gov. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 13, 2020 Opinion or Order Filing 21 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 4/13/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Wendy Tuomela will be served by First Class Mail on April 14, 2020 to the address of record listed on the Notice of Electronic Filing (NEF)
April 13, 2020 Opinion or Order Filing 20 EP: RULE 16 SCHEDULING CONFERENCE held.Discussion had.Court provided standard advisories regarding self-represented litigants. Plaintiff advised to comply with all court rules and deadlines, to update contact information and to confer with Mr. Pepper as to issues, including possible settlement negotiations. By agreement, Court waives initial disclosures as parties to conduct traditional discovery. Telephone Conference is set for 07/13/2020 at 9:00 a.m. before Magistrate Judge Trader. Rule 16 Scheduling Conference Order to issue.Dates given: Non-Jury Trial is set for 07/13/2021 at 9:00 a.m. in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 06/01/2021 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 04/15/2021 at 10:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 02/10/2021. Discovery due by 05/14/2021. (AT&T Conference Call (9:14 - 9:29).) (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 7, 2020 Opinion or Order Filing 19 EO: On April 7, 2020, Defendant Waldorf-Astoria Mgmt. LLC filed a Motion for Judgment on the Pleadings as to Count I (Extortion). ECF No. #18 . Defendant's Motion will be heard on June 1, 2020, at 10 a.m. Plaintiff is directed to file an Opposition memorandum by May 11, 2020. Defendant's Reply is due by May 18, 2020.Motion Hearing is set for 06/01/2020 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 7, 2020 Opinion or Order Filing 18 MOTION to Dismiss FOR JUDGMENT ON THE PLEADINGS AS TO COUNT I (EXTORTION) Andrew L. Pepper appearing for Defendant Waldorf=Astoria Management LLC (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Compliance, #3 Certificate of Service)(Pepper, Andrew)
April 6, 2020 Opinion or Order Filing 17 Plaintiff's Scheduling Conference Statement - filed by Wendy Tuomela (Attachments: #1 Certificate of Service, #2 Mailing Envelope) (jo)
April 2, 2020 Opinion or Order Filing 16 EO: On 03/23/2020, Plaintiff Wendy Tuomela filed a Motion for Hearing ("Motion") (ECF No. 12). It appears that Plaintiff may be seeking to amend her complaint, refers to her discovery response, and/or requests that the Court redact Exhibit "K" to her Complaint. Plaintiff attached a request for redactions to transcripts and Exhibit "K" to her Motion. Plaintiff's request for a hearing is DENIED as the Court elects to decide the Motion without a hearing pursuant to Local Rule 7.1(c). If Plaintiff seeks leave to amend her complaint, she must do so in compliance with Fed. R. Civ. P. 15 and Local Rule 10.4. Because Plaintiff's Motion does not comply with these rules, her request is DENIED and the hearing set for 05/07/2020 at 9:30 a.m. is vacated. If Plaintiff intends her Motion to serve as a discovery response, the Court will take no further action upon it. Plaintiff shall not file discovery requests or responses "until they are used in the proceedings or the court orders filing." Fed. R. Civ. P. 5(d)(1)(A).Plaintiff's request for redactions to Exhibit "K" of her Complaint is DENIED. First, Exhibit "K" does not contain information that warrants redaction under Fed. R. Civ. P. 5.2. Second, Plaintiff does not specify what information she seeks redacted. Third, the information in Exhibit "K" does not contain information that is prohibited from being filed under Fed. R. Civ. P. 5.2.Accordingly, the Court DENIES Plaintiff's Motion in its entirety. (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 1, 2020 Opinion or Order Filing 15 Plaintiffs RESPONSE To Defendant(s) Answer to Complaint Filed February 27, 2020 - filed by Wendy Tuomela (Attachments: #1 Certificate of Service, #2 Mailing Envelope) (jo)
March 31, 2020 Opinion or Order Filing 14 Scheduling Conference Statement by Defendant Waldorf=Astoria Management LLC. (Pepper, Andrew)
March 27, 2020 Opinion or Order Filing 13 EO: Motion Hearing is set for 05/07/2020 at 9:30 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER for ECF #12 MOTION for Hearing.In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on 3/23/2020 by Chief District Judge Seabright, until further court order or notice, all proceedings before Magistrate Judge Trader will be conducted by telephone or other electronic means.Rule 16 Scheduling Conference set for 04/13/2020 at 9:00 a.m. before Magistrate Judge Trader call in instruction are listed below.Participants to call in per the instructions below no later than 10 minutes prior to the scheduled hearing time:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standy".5. You will hear "At the tone state your name." You will then be connected to the Conference.Unless specifically ordered by the court, mandatory chambers copies of filings and other documents are not required for proceedings before Magistrate Judge Trader. Confidential settlement conference statements should be emailed to Trader_Orders@hid.uscourts.gov. (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 23, 2020 Opinion or Order Filing 12 MOTION for Hearing; Plaintiffs reply to amend complaint with redacted attachment. Attachment K - filed by Plaintiff Wendy Tuomela (Attachments: #1 Statement of Redactions, #2 Exhibit K, #3 Certificate of Service, #4 Mailing Envelope) (jo)
March 23, 2020 Opinion or Order Filing 11 Consent Election Form (Attachments: #1 Mailing Envelope) (jo)
March 23, 2020 Opinion or Order Filing 10 TRANSMITTAL of DOCUMENTS from the Circuit Court of the Second Circuit, State of Hawaii, 2CCV-20-0000054. (Attachments: #1 Printable Case View, #2 Complaint; Demand for Damages; Attachments A-T; Summons, #3 Civil Information Sheet, #4 Payment Due to Court, #5 Receipt, #6 Proposed Sua Sponte Order Setting Aside Payment, #7 Sua Sponte Order Setting Aside Payment, #8 Payment Due to Court, #9 Receipt, #10 Return and Acknowledgment of Service (Waldorf-Astoria Grand Wailea Hotel), #11 Notice of Filing Notice of Removal; Exhibit A; Certificate of Service, #12 Mailing Documentation) (emt, )
March 20, 2020 Opinion or Order Filing 9 Defendants' ANSWER to Complaint by Waldorf=Astoria Management LLC. (Attachments: #1 Certificate of Service)(Pepper, Andrew)
March 20, 2020 Opinion or Order Filing 8 NOTICE of Case Reassignment: Please reflect new Civil case number CV 20-00117 JMS -RT on all further pleadings. (emt, )COURT'S CERTIFICATE of Service - Wendy Tuomela shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 20, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
March 18, 2020 Opinion or Order Filing 7 Consent Election Form
March 13, 2020 Opinion or Order Filing 6 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni, )
March 13, 2020 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference for 09:00AM on 4/13/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/13/2020. (Attachments: #1 MEMO Re: CORPORATE DISCLOSURE) 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.(jni, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 13, 2020 Opinion or Order Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00117 RT on all further pleadings. (jni, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 13, 2020 Opinion or Order Filing 3 Corporate Disclosure Statement by Waldorf=Astoria Management LLC identifying Corporate Parent Hilton Worldwide Holdings Inc., Corporate Parent Hilton Domestic Operating Company Inc. for Waldorf=Astoria Management LLC.. (Pepper, Andrew)
March 13, 2020 Opinion or Order Filing 2 CIVIL Cover Sheet by Waldorf=Astoria Management LLC. (Pepper, Andrew)
March 13, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by Waldorf=Astoria Management LLC from Circuit Court of the Second Circuit, case number 2CCV-20-0000054. ( Filing fee $ 400 receipt number 0975-2347276), filed by Waldorf=Astoria Management LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Pepper, Andrew)

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Defendant: Does 1-78
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Defendant: Waldorf=Astoria Management LLC
Represented By: Nicole Kulenic Hudspeth
Represented By: Andrew L. Pepper
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Plaintiff: Wendy Tuomela
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