Baskin v. EC PAIA LLC
Plaintiff: Michael S. Baskin, Paia Bay Properties LLC, Seashore Properties LLC, Paia Park, LLC and Paia Properties, LLC
Defendant: EC PAIA LLC, Doe Corporations 1-100, John Does 1-100, Jane Does 1-100, Doe Partnerships 1-100 and Doe Entities 1-100
Case Number: 1:2020cv00216
Filed: May 11, 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 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2020 Opinion or Order Filing 21 ORDER DENYING PLAINTIFFS' MOTION TO DISQUALIFY THE LAW FIRM OF CADES SCHUTTE LLP re: #15 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/9/2020. (jo)
July 2, 2020 Filing 20 RESPONSE in Opposition PLAINTIFFS' REPLY IN SUPPORT re #15 MOTION to Disqualify Counsel filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Declaration of Michael Baskin, #2 Declaration of Terrance M. Revere, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Revere, Terrance) Docket Text Modified on 7/6/2020 (jo)
June 29, 2020 Filing 19 EO: In light of the pending motion to dismiss, ECF No. #14 and pending motion to disqualify counsel, ECF No. #15 , the Court finds good cause to CONTINUE the Telephonic Rule 16 Scheduling Conference from 7/07/2020 to 8/31/2020 at 09:30AM. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296, Access Code 8224751.(MAGISTRATE JUDGE WES REBER PORTER)(mrf)
June 18, 2020 Filing 18 STATEMENT in Opposition re #15 MOTION to Disqualify Counsel filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Appendix A, #3 Declaration of Roy A. Vitousek III, #4 Declaration of Christopher T. Goodin, #5 Declaration of Linda Tran, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Certificate of Compliance with Local Rule 7.5, #23 Certificate of Service)(Chipchase, Calvert)
June 3, 2020 Filing 17 EO: Finding good cause in support thereof, the Court GRANTS Defendant's Motion for First Extension of Time to File an Answer or Otherwise Respond to the Complaint, ECF No. #8 . Defendant's Motion for Partial Dismissal of the Complaint, filed on May 26, 2020, is deemed timely. See ECF No. #14 .The Court sets the following briefing schedule as to Plaintiffs' Motion to Disqualify the Law Firm of Cades Schutte LLP, ECF No. #15 : opposition shall be filed no later than June 18, 2020; reply shall be filed no later than July 2, 2020. Thereafter, the Court will determine whether to set a hearing or to resolve the Motion without a hearing.After the Motion to Disqualify is resolved, the Court will set a briefing schedule and hearing date for Defendant's Motion for Partial Dismissal, ECF No. #14 . IT IS ORDERED (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
June 2, 2020 Filing 16 REPLY re #13 Memorandum in Opposition to Motion, for Extension of Time to File An Answer or Otherwise Respond to Complaint filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert)
May 29, 2020 ADVISORY ENTRY-Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document #14 MOTION to Dismiss [Partial] were not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. No further action necessary. (jo)
May 29, 2020 ADVISORY ENTRY-Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document #13 Memorandum in Opposition to Motion were not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. No further action necessary. (jo)
May 28, 2020 Filing 15 MOTION to Disqualify Counsel Terrance M. Revere appearing for Plaintiffs Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Michael S. Baskin, #3 Declaration of Counsel, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Certificate of Compliance, #10 Certificate of Service)(Revere, Terrance)
May 26, 2020 Filing 14 MOTION to Dismiss [Partial] Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Declaration of Linda Tran, #2 Exhibits A and B, #3 Certificate of Service)(Chipchase, Calvert) Docket Text Modified on 5/29/2020 (jo)
May 26, 2020 Filing 13 MEMORANDUM in Opposition re #8 EX PARTE Motion for First Extension of Time to File an Answer or Otherwise Respond to Complaint filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance)
May 26, 2020 Filing 12 EO: The Telephonic Rule 16 Scheduling Conference set for 6/15/2020 is CONTINUED to 7/07/2020 at 9:15 AM before MAGISTRATE JUDGE WES REBER PORTER. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
May 21, 2020 Filing 11 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiffs Michael Baskin, Paia Properties, LLC, Seashore Properties LLC, Paia Bay Properties LLC, Paia Park, LLC and Defendant EC Paia, LLC Please continue to reflect Civil Case Number CV 20-00216 WRP on all further pleadings. (jo)
May 20, 2020 Filing 10 Consent Election Form
May 19, 2020 Filing 9 EO: Pursuant to Local Rule 7.1(c), the Court elects to decide Defendant's #8 Motion for First Extension of Time to Answer or Otherwise Respond to Complaint without a hearing and directs briefing as follows: any opposition shall be filed by 5/26/20; reply shall be filed by 6/2/20. The Court notes that Defendant's Motion is titled "Ex Parte." See ECF No. #8 . "The expression 'ex parte motion' is a term of art. In its pure form it means a request a party makes to the court without any notice to the other side." Mission Power Engineering Co. v. Continental Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). Although Defendant's Motion is titled "Ex Parte," it was served on all parties as reflected on the Certificate of Service. See ECF No. 8 at 8. This motion will not be decided on an ex parte basis and any person can oppose such a motion. Accordingly, the Court disregards that portion of the title. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
May 18, 2020 Filing 8 EX PARTE Motion for First Extension of Time to File an Answer or Otherwise Respond to Complaint Lisa Katherine Swartzfager appearing for Defendant EC PAIA LLC (Swartzfager, Lisa) Docket Entry Modified on 5/19/2020 (jo)
May 14, 2020 Filing 7 Consent Election Form
May 13, 2020 Filing 6 EO: The Telephonic Rule 16 Scheduling Conference set for 6/15/2020 at 9:00AM is ADVANCED to 08:30AM, the same day, before MAGISTRATE JUDGE WES REBER PORTER. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751.(MAGISTRATE JUDGE WES REBER PORTER)(mrf)
May 13, 2020 Filing 5 Corporate Disclosure Statement by EC PAIA LLC. (Swartzfager, Lisa)
May 12, 2020 Filing 4 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. (jo)
May 12, 2020 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference for 09:00 AM on 6/15/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/12/2020. (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.(jo)
May 12, 2020 Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00216 WRP on all further pleadings. (jo)
May 11, 2020 Filing 1 NOTICE OF REMOVAL by EC PAIA LLC from Second Circuit Court, State of Hawaii, case number 2CCV-20-000097. ( Filing fee $ 400 receipt number 0975-2370141), filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Exhibit 1, #3 Certificate of Service)(Chipchase, Calvert)

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Plaintiff: Michael S. Baskin
Represented By: Terrance M. Revere
Represented By: Clarisse M. Kobashigawa
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Plaintiff: Paia Bay Properties LLC
Represented By: Terrance M. Revere
Represented By: Clarisse M. Kobashigawa
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Plaintiff: Seashore Properties LLC
Represented By: Terrance M. Revere
Represented By: Clarisse M. Kobashigawa
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Plaintiff: Paia Park, LLC
Represented By: Terrance M. Revere
Represented By: Clarisse M. Kobashigawa
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Plaintiff: Paia Properties, LLC
Represented By: Terrance M. Revere
Represented By: Clarisse M. Kobashigawa
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Defendant: EC PAIA LLC
Represented By: Calvert G. Chipchase, IV
Represented By: Lisa Katherine Swartzfager
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Defendant: Doe Corporations 1-100
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Defendant: John Does 1-100
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Defendant: Jane Does 1-100
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Defendant: Doe Partnerships 1-100
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Defendant: Doe Entities 1-100
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