Cycle City, Ltd v. Usher et al
Plaintiff: Cycle City, Ltd
Defendant: Brian Cebull, Barry Usher, Does 1-10, Doe Limited Liability Companies 1-10, Doe Partnerships 1-10 and Doe Corporations 1-10
Case Number: 1:2020cv00135
Filed: March 26, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1442
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2020 Filing 26 EP: EARLY SETTLEMENT CONFERENCE held.Defendant Barry Usher, Brian Cebull and Cycle City President Brad Nicolai participated via telephone.The Court spoke with the parties. Settlement discussions held.No settlement reached at this time.Further discussions on call. (KJM Chambers 9:45 11:45.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
May 15, 2020 Filing 25 BARRY USHER AND BRIAN CEBULLS ANSWER to #23 Amended Complaint, , COUNTERCLAIM against Cycle City, Ltd by Barry Usher, Brian Cebull. (Attachments: #1 Counterclaim, #2 Certificate of Service)(Mullin, Brian) Modified on 5/19/2020 (emt, ).
May 4, 2020 Filing 24 EO: On April 29, 2020, Defendants Barry Usher And Brian Cebull filed a Motion to Dismiss Complaint, or in the Alternative, to Stay. See ECF No. #21 . On May 1, 2020, Plaintiff filed a First Amended Complaint as of right under Federal Rule of Civil Procedure 15(a)(1). See ECF No. #23 . Generally, the filing of an amended complaint moots any pending motions to dismiss earlier-filed complaints. See Ramirez v. Cty. of San Bernadino, 806 F.3d 1002, 1008 (9th Cir. 2015). Without expressing any opinion as to the merits of Defendants pending Motion, the Court deems the Motion moot because it relates to a pleading that is now devoid of any legal force or effect. See id. (citations omitted). IT IS SO ORDERED. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
May 1, 2020 Filing 23 First AMENDED COMPLAINT against Brian Cebull, Barry Usher, filed by Cycle City, Ltd. (Attachments: #1 Exhibit 1 - Usher Guaranty Agreement, #2 Exhibit 2 - Cebull Guaranty Agreement, #3 Demand for Jury Trial, #4 Certificate of Service)(Cox, Joachim) Modified on 5/4/2020 (emt, ).
April 30, 2020 Filing 22 EO: As to #21 Defendants Barry Usher And Brian Cebull's Motion to Dismiss Complaint, or in the Alternative, to Stay, the Court directs briefing as follows: any opposition shall be filed no later than 5/14/2020; reply shall be filed no later than 5/29/2020. Thereafter, the Court will determine whether to set a hearing. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
April 29, 2020 Filing 21 MOTION to Dismiss DEFENDANTS BARRY USHER AND BRIAN CEBULLS MOTION TO DISMISS COMPLAINT, OR IN THE ALTERNATIVE, TO STAY; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF BRIAN M. MULLIN; DECLARATION OF BARRY USHER; EXHIBITS A-C; CERTIFICATE OF SERVICE Brian M Mullin appearing for Defendants Barry Usher, Brian Cebull (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Brian M. Mullin, #3 Declaration of Barry Usher, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Certificate of Service)(Mullin, Brian)
April 29, 2020 Filing 20 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV-20-0000369 DEO. (Attachments: #1 Clerk's Certificate, #2 Case Detail Docket List) (jni)
April 27, 2020 Opinion or Order Filing 19 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/27/2020. (emt, )
April 27, 2020 Filing 18 EO: Pursuant to the United States District Court for the District of Hawaii's April 16, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the Early Settlement Conference hearing on May 22, 2020 at 10:00 a.m. before Magistrate Judge Kenneth J. Mansfield will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
April 27, 2020 Filing 17 EP: A Telephonic Rule 16 Scheduling Conference held on 4/27/2020. A Rule 16 Scheduling Order to be issued. Jury Selection/Trial is set for 09:00 AM on 5/04/2021 in Courtroom 7 before MAGISTRATE JUDGE WES REBER PORTER. Final Pretrial Conference is set for 4/20/2021 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE WES REBER PORTER. Telephonic Settlement Conference is set for 5/22/2020 at 10:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference statements by May 15, 2020 and submit to mansfield_orders@hid.uscourts.gov. Settlement Conference is set for 2/16/2021 at 10:00 AM in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference statements by 2/09/2021. Dispositive Motions filed by 12/02/2020. Discovery due by 1/26/2021. (Court Reporter AT&T. 9:15 a.m. - 9:25 a.m. ) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
April 20, 2020 Filing 16 Scheduling Conference Statement (Plaintiff Cycle City, Ltd.s Scheduling Conference Statement; Certificate of Service). (Whattoff, Randall)
April 20, 2020 Filing 15 REPORT of Planning Meeting (Plaintiff Cycle City, Ltd. and Defendants Barry Usher and Brian Cebulls Joint Report of the Parties Planning Meeting; Certificate of Service). (Whattoff, Randall)
April 20, 2020 Filing 14 Scheduling Conference Statement Defendants' Rule 16 Scheduling Conference Statement. (Attachments: #1 Certificate of Service Re: Defendants' Rule 16 Scheduling Conf. Statement)(Mullin, Brian)
April 6, 2020 Filing 13 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiff Cycle City, Ltd, Defendants Brian Cebull, Barry Usher. Please continue reflect case number CV 20-00135 WRP on all further pleadings. (emt, )
April 3, 2020 Filing 12 Corporate Disclosure Statement by Cycle City, Ltd identifying Corporate Parent JN Group Holdings Inc. for Cycle City, Ltd.. (Cox, Joachim)
April 3, 2020 Filing 11 Consent Election Form
April 3, 2020 Filing 10 Consent Election Form
March 31, 2020 Filing 9 SUMMONS Returned Executed by Cycle City, Ltd. Brian Cebull served on 3/12/2020. (Cox, Joachim) Modified on 3/31/2020 (emt, ).
March 31, 2020 Filing 8 SUMMONS Returned Executed by Cycle City, Ltd. Barry Usher served on 3/13/2020. (Cox, Joachim)
March 31, 2020 Filing 7 SUMMONS Returned Executed by Cycle City, Ltd. Brian Cebull served on 3/12/2020. (Cox, Joachim) Modified on 3/31/2020 The Proof of Service as to Barry Usher is attached. Proof of Service as to Brian Cebull was refiled, see ECF NO. #9 (emt, ).
March 31, 2020 ADVISORY ENTRY. The filing party has notified the Clerk's Office that the incorrect pdf was attached to docket number #7 Summons Returned Executed filed by Cycle City, Ltd. The filing party will resubmit a corrected filing. (emt, )
March 30, 2020 Filing 6 EO: The Rule 16 Scheduling Conference set for April 27, 2020 at 9:00 AM is CONTINUED to 9:15 AM, the same day, before MAGISTRATE JUDGE WES REBER PORTER. The Rule 16 Scheduling Conference is converted to a telephonic conference. The Court will be using AT&T Connect Audio Conference. The participant instructions are below.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-278-02962. Enter Access Code (8224751) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will then be connected to the Conference. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
March 27, 2020 Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by United States Magistrate Judge) While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court 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. 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. (emt, )
March 27, 2020 Opinion or Order Filing 4 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 4/27/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/27/2020. (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 COMPLAINT. (emt, )
March 27, 2020 Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00135 WRP on all further pleadings. (emt, )
March 26, 2020 Filing 2 Amended CERTIFICATE OF SERVICE by Brian Cebull, Barry Usher re #1 Notice of Removal, (Carroll, Michael) Modified on 3/27/2020 (emt, ).
March 26, 2020 Filing 1 NOTICE OF REMOVAL by Barry Usher, Brian Cebull from First Circuit Court, State of Hawaii, case number 1CCV-20-0000369. ( Filing fee $ 400 receipt number 0975-2352235), filed by Barry Usher, Brian Cebull. (Attachments: #1 Exhibit Exhibit A)(Carroll, Michael)

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Plaintiff: Cycle City, Ltd
Represented By: Randall C. Whattoff
Represented By: Joachim P. Cox
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Defendant: Brian Cebull
Represented By: Michael C. Carroll
Represented By: Brian M Mullin
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Defendant: Barry Usher
Represented By: Michael C. Carroll
Represented By: Brian M Mullin
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Defendant: Does 1-10
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Defendant: Doe Limited Liability Companies 1-10
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Defendant: Doe Partnerships 1-10
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Defendant: Doe Corporations 1-10
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