Costales et al v. Hilton Management LLC
| Marco Costales and Sarah Costales |
| Global Resort Partners Park Hotels & Resorts Inc. dba Hilton Waikoloa Village, Hilton Land Investment 1, LLC, Hilton Management LLC, Doe Defendants 1-20, Park Hotels & Resorts Inc. doing business as Hilton Waikoloa Village and Global Resort Partners |
| 1:2020cv00262 |
| June 5, 2020 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 54 STIPULATION For Dismissal With Prejudice As To All Claims And Parties. Signed by Senior District Judge Susan Oki Mollway. (cib) |
| Filing 53 EP: CONFIDENTIAL TELEPHONIC SETTLEMENT CONFERENCE and TELEPHONIC SETTLEMENT ON THE RECORD held.Confidential Settlement Conference (10:00 a.m. - 1:00 p.m.):Court engaged in confidential settlement discussions with parties. Settlement reached.Settlement on the Record (1:00 p.m. - 1:05 p.m.):Court recited the material and essential terms of the settlement.Parties, through counsel, confirmed and consented to the settlement terms, as recited.Settlement terms to remain confidential subject to standard and other agreed upon exclusions. The audio and transcript of this hearing shall be sealed. Counsel and the parties, however, shall be permitted access without further court order.Court finds the essential terms of a valid and binding settlement agreement have been set forth.Stipulated Dismissal With Prejudice due by 9/13/2021 and to be submitted to District Judge Mollway at |
| Filing 52 EP: Video Teleconference(VTC) Motion Hearing regarding #37 Defendant Hilton Management LLC's Motion for Partial Summary Judgment.Oral arguments heard. #37 Defendant Hilton Management LLC's Motion for Partial Summary Judgment-TAKEN UNDER ADVISEMENT.Court to issue written order. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 51 EO: The court does not issue prehearing inclinations, but asks the parties to come to next week's hearing prepared to discuss the following:1. Why has Hilton, which is complaining that Costales failed to meet an expert disclosure deadline, filed an untimely reply memorandum? The reply memorandum was due by June 28, 2021, pursuant to Local Rule 7.2, but it was filed on July 6, 2021.2. What, if any, matters relating to past medical treatment might a factfinder be able to determine were reasonably necessary even without expert testimony? For example, does one need expert testimony to determine that, say, at least one x ray was reasonably necessary when a bone has been broken?3. What in the record allows this court to determine without further explanation as to medical terms or abbreviations what actual treatment Mr. Costales received? 4. Does Hilton, as the movant, have the burden of persuading this court that expert testimony is needed to show that every element of medical treatment was reasonably necessary, or does Costales, not having named a medical expert, have the burden of identifying matters that can be determined at trial without expert testimony? (JUDGE SUSAN OKI MOLLWAY)(cib) |
| Filing 50 RESPONSE REPLY in Support re #37 MOTION for Partial Summary Judgment filed by Hilton Management LLC (Ma, Stacy) Modified on 7/8/2021 (jo) |
| Filing 49 CERTIFICATE OF SERVICE by Hilton Management LLC Re: Notice of Taking Deposition Upon Written Questions (COR: Blair Pruitt) (Hughes, Thomas) |
| Filing 48 CERTIFICATE OF SERVICE by Hilton Management LLC Re: Notice of Taking Deposition Upon Written Questions (COR: Thomas Loudat) (Hughes, Thomas) |
| Filing 47 CERTIFICATE OF SERVICE by Hilton Management LLC Re: Amended Notice of Taking Depositions Upon Oral Examination (Deponents: Blair Pruitt and Thomas Loudat) (Hughes, Thomas) |
Filing 46
ORDER DENYING PLAINTIFF'S MOTION TO MODIFY SCHEDULING ORDER TO EXTEND DATE FOR DISCLOSURE OF RULE 26(a)(2)(C) EXPERT WITNESS re: #43 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/25/2021. (jo)
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| Filing 45 CONCISE STATEMENT in Opposition to Defendant Hilton Management LLC's Motion for Partial Summary Judgment Filed May 12, 2021 filed by Marco Costales. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Klein, Robert) |
| Filing 44 MEMORANDUM in Opposition to Defendant Hilton Management LLC's Motion for Partial Summary Judgment Filed May 12, 2021 filed by Marco Costales. (Klein, Robert) |
| Filing 43 MOTION to Amend/Correct Motion to Modify Scheduling Order to Extend Date for Disclosure of Rule 26(a)(2)(C) Expert Witnesses Robert G. Klein appearing for Plaintiff Marco Costales (Klein, Robert) |
| Filing 42 CERTIFICATE OF SERVICE by Hilton Management LLC Re Notice of Taking Deposition Upon Oral Examination [Deponent: Sarah Costales] (Ma, Stacy) |
| Filing 41 CERTIFICATE OF SERVICE by Hilton Management LLC Re: Notice of Taking Depositions Upon Oral Examination (Deponents: Blair Pruitt, CFLC, ACI, WACH and Thomas Loudat, Ph.D.) (Ma, Stacy) |
| Filing 40 Expert Witness Disclosure. filed by Hilton Management LLC.(Hughes, Thomas) |
| ADVISORY ENTRY-Exhibits not Labeled - Please be advised that exhibits attached to Document #38 Concise Statement in Support of Motion, are not labeled. The filing party may refer to Section 5.0 - Exhibits, of the CM/ECF Procedures Guide, which states " All exhibits attached to papers shall show the exhibit number or letter at the bottom of the first page of the exhibit." No further action is necessary. (jo) |
| Filing 39 NOTICE of Hearing on Motion #37 MOTION for Partial Summary Judgment. Video Teleconference(VTC) Motion Hearing is set for 7/12/2021 09:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.(tl) |
| Filing 38 CONCISE STATEMENT in Support of Defendant Hilton Management LLC's Motion for Partial Summary Judgment #37 filed by Hilton Management LLC. (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)(Ma, Stacy) |
| Filing 37 MOTION for Partial Summary Judgment Stacy Y Ma appearing for Defendant Hilton Management LLC (Ma, Stacy) |
| Filing 36 EP: CONFIDENTIAL TELEPHONIC SETTLEMENT CONFERENCE held.Discussion had. No settlement.Court confirms the Settlement Conference set for 7/13/2021 at 10:00 a.m. before Magistrate Judge Trader to remain on calendar. Confidential Settlement Conference statements due by 7/6/2021 to Trader_Orders@hid.uscourts.gov. The Settlement Conference will be held telephonically. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326.Parties granted leave to engage the Court separately in the interim.(No Record / 1:05 - 2:25 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 35 EO: Dial-in instructions for the Confidential Telephonic Settlement Conference set for 5/11/2021 at 1:00 p.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 34 EO: The Confidential Telephone Conference set for 4/23/2021 was not held and is VACATED. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 33 CERTIFICATE OF SERVICE by Hilton Management LLC Defendant Hilton Management LLCs Notice of Taking Videotaped Deposition upon Oral Examination (Marco Costales) (Ma, Stacy) |
| Filing 32 EO: Due to a conflict in the Court's schedule, the Telephonic Settlement Conference set for 5/11/2021 at 10:00 AM is CONTINUED to 01:00 PM the same day before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 31 EO: Dial-in instructions for the Confidential Telephone Conference set for 4/23/2021 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 30 STIPULATION AND AGREEMENT OF PARTIES REGARDING DISCLOSURE OF EXPERT WITNESSES - Signed by MAGISTRATE JUDGE ROM TRADER on 3/19/2021. (jo) |
| ADVISORY ENTRY-Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document #29 Expert Witness Disclosure are comprised of several exhibits and 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) |
| Filing 29 Expert Witness Disclosure. filed by Marco Costales.(Klein, Robert) |
| Filing 28 CERTIFICATE OF SERVICE by Hilton Management LLC re #18 Certificate of Service (Hughes, Thomas) |
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Filing 27
STIPULATED QUALIFIED PROTECTIVE ORDER; EXHBIT "A" - Signed by MAGISTRATE JUDGE ROM TRADER on 2/8/2021. (jo)
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Filing 26
STIPULATED PROTECTIVE ORDER REGARDING DOCUMENTS PRODUCED BY AND TO DEFENDANT HILTON MANAGEMENT LLC - Signed by MAGISTRATE JUDGE ROM TRADER on 2/8/2021. (jo)
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| Filing 25 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties report COVID-related challenges in obtaining medical and financial documents necessary for early settlement discussions. Stipulated protective order being circulated. Parties agree Early Settlement Conference set for 2/25/21 is premature at this point. The Early Settlement Conference set for 2/25/21 at 10:00 a.m. is CONTINUED to 5/11/2021 at 10:00 a.m. before Magistrate Judge Trader. Confidential Settlement Conference statements due by 5/4/2021 to Trader_Orders@hid.uscourts.gov.Court sets Confidential Telephone Conference for 4/23/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326(No Record / 9:15 - 9:25 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 24 EO: Dial-in instructions for the Confidential Telephone Conference set for 2/3/2021 at 9:15 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 23 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties provided update on status of ongoing discovery. Parties amenable to engaging in early settlement discussions.A Confidential Telephone Conference is set for February 3, 2021 at 9:15 a.m. before Magistrate Judge Trader.An Early Settlement Conference is set for February 25, 2021 at 10:00 a.m. before Magistrate Judge Trader. Confidential Early Settlement Conference Statements due by February 18, 2021.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conferences. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:37 - 9:48 a.m.) (MAGISTRATE JUDGE ROM TRADER)(rls, ) |
| Filing 22 EO: Dial-in instructions for Confidential Telephone Conference set for 11/16/2020 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 21 STIPULATION For Partial Dismissal with Prejudice of Plaintiff Sara Costales's Claims Against Defendant. Signed by JUDGE SUSAN OKI MOLLWAY. (cib) |
| Filing 20 CERTIFICATE OF SERVICE by Hilton Land Investment 1, LLC re #18 Certificate of Service Re: Defendant Hilton Land Management LLCs Response To Plaintiff Marco Costales First Request for Production of Documents to Defendant Hilton Land Management LLC, dated August 13, 2020 (Hughes, Thomas) |
| Filing 19 CERTIFICATE OF SERVICE by Hilton Management LLC re #18 Certificate of Service Re: Defendant Hilton Management LLCs Response to Plaintiff Marco Costales First Request for Answers to Interrogatories to Defendant Hilton Land Management LLC, dated August 13, 2020 (Hughes, Thomas) |
| Filing 18 CERTIFICATE OF SERVICE by Marco Costales, Sarah Costales RE: PLAINTIFFS MARCO COSTALES' 1ST DISCOVERY REQ TO DEF HILTON LAND MNGMNT LLC (Klein, Kurt) |
| Filing 17 CERTIFICATE OF SERVICE by Hilton Management LLC Re: Defendant Hilton Management LLCs Initial Disclosures] (Hughes, Thomas) |
| Filing 16 INITIAL DISCLOSURE by Marco Costales, Sarah Costales. (Robyak, David) |
| Filing 15 CERTIFICATE OF SERVICE by Marco Costales, Sarah Costales RE PLAINTIFFS' RESPONSES TO DEFENDANT'S FIRST DISCOVERY REQUESTS (Klein, Kurt) |
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Filing 14
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 7/13/2020. (jo)
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| Filing 13 EP: RULE 16 CONFERENCE held.Discussion had. Confidential Telephone Conference set for 11/16/2020 at 9:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provide call-in instructions.Rule 16 Scheduling Order to issue.Dates given: Non-Jury Trial is set for 10/13/2021 at 9:00 a.m. in Aha Kanawai before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 08/31/2021 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 07/13/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference statements by 07/06/2021. Dispositive Motions filed by 05/12/2021. Discovery due by 08/13/2021. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp, ) |
| Filing 12 CERTIFICATE OF SERVICE by Hilton Management LLC Defendant Hilton Land Management LLCs First Request for Production of Documents to Plaintiffs Marco Costales and Sarah Costales (Hughes, Thomas) |
| Filing 11 CERTIFICATE OF SERVICE by Hilton Management LLC Defendant Hilton Land Management LLCs First Request for Answers to Interrogatories to Plaintiff Sarah Costales (Hughes, Thomas) |
| Filing 10 CERTIFICATE OF SERVICE by Hilton Management LLC Defendant Hilton Land Management LLCs First Request for Answers to Interrogatories to Plaintiff Marco Costales (Hughes, Thomas) |
| Filing 9 STIPULATION and Agreement of Parties to Dismiss Without Prejudice Certain Defendants and Substitute in Defendant Hilton Management LLC. Signed by JUDGE SUSAN OKI MOLLWAY. (cib) |
| Filing 8 In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on June 1, 2020, the Rule 16 scheduling conference set for 07/13/2020 at 9:00 a.m. before Magistrate Judge Trader will be conducted by telephone. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below: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 standby."5. You will hear "At the tone state your name." You will then be connected to the Conference. re #4 Set Rule 16 Scheduling Conference,. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 7 Scheduling Conference Statement of Plaintiffs Marco Costales and Sarah Costales. (Klein, Kurt) |
| Filing 6 Scheduling Conference Statement DEFENDANTS HILTON LAND INVESTMENT 1, LLC, GLOBAL RESORT PARTNERS, AND PARK HOTELS & RESORTS INC. DBA HILTON WAIKOLOA VILLAGES SCHEDULING CONFERENCE STATEMENT. (Attachments: #1 Certificate of Service)(Hughes, Thomas) |
| Filing 5 REPORT of Planning Meeting Joint Rule 26(F) Report of the Parties' Planning Meeting. (Attachments: #1 Certificate of Service)(Hughes, Thomas) |
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 9:00 AM on 7/13/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/8/2020. (Attachments: #1 Memo 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.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00262 SOM-RT on all further pleadings. (jni) |
| Filing 2 CERTIFICATE OF SERVICE by Global Resort Partners Park Hotels & Resorts Inc. dba Hilton Waikoloa Village, Hilton Land Investment 1, LLC RE: Global Resort Partners Park Hotels & Resorts Inc. dba Hilton Waikoloa Village, Hilton Land Investment 1, LLC's Corporate Disclosure Statement (Hughes, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Hilton Land Investment 1, LLC, Global Resort Partners Park Hotels & Resorts Inc. dba Hilton Waikoloa Village from Circuit Court of the Third Circuit State of Hawaii, case number 3CCV-20-0000187. ( Filing fee $ 400 receipt number 0975-2380096), filed by Hilton Land Investment 1, LLC, Global Resort Partners Park Hotels & Resorts Inc. dba Hilton Waikoloa Village. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Certificate of Service)(Hughes, Thomas) |
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