Trotta v. URS Federal Services, Inc. et al
| Frank Trotta |
| URS Federal Services, Inc., Jonathan Ujvary, Aecom, Kim Vaovasa, Amentum Services, Inc. and Doe Defendants 1-25 |
| 1:2020cv00340 |
| August 5, 2020 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 451 |
| Plaintiff |
Docket Report
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| Filing 22 EO: On August 20, 2020, the court held a status conference and informed the parties that the court intended to raise sua sponte the issue of subject matter jurisdiction, including federal enclave jurisdiction. ECF No. 19 . The court and parties agreed that the most appropriate process was to permit counsel for Plaintiff to file a motion to remand. Plaintiff was directed to file his Motion by September 25, 2020. By letter dated September 25, 2020, counsel for Plaintiff requested an extension of filing deadlines on the Motion to October 23, 2020 due to the complex nature of the issues being briefed. ECF No. #21 . Counsel for Defendant has agreed to extending filing deadlines to the proposed date. For the reasons set forth in the letter and finding good cause, the request is GRANTED. Plaintiff is directed to file its Motion to Remand by October 23, 2020. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 21 Email to Chief Judge J. Michael Seabright from Rodney P. Bridgers, Jr., Esq., dated September 25, 2020, Re: Plaintiff's request for an extension of filing dates for briefing on Plaintiff's Motion to Remand up to October 23, 2020, or at such other date the Court finds to be reasonable (jo) |
Filing 20
EO: During the parties Rule 26(f) meeting, the parties have agreed to continue the Rule 16 Scheduling conference based on the 19 Entering Order issued by Chief Judge Seabright allowing Plaintiff to file his motion to remand by September 25, 2020. Therefore, the Rule 16 Scheduling Conference previously set for 09/14/2020 IS CONTINUED TO 11/09/2020 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 11/02/2020. Counsel Andrew L. Pepper to notify the parties.In accordance to the the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing 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 KENNETH J. MANSFIELD)(bbb)
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| Filing 19 EO: This matter was removed to this court by Defendant URS Federal Services Inc., now known as Amentum Services, Inc. ("URS") on August 5, 2020 on the basis of diversity jurisdiction. ECF No. #1 . On August 10, 2020, a First Amended and Supplemental Notice of Removal was filed, stating that the case was also removable as a federal question pursuant to the federal enclave doctrine. ECF No. #13 . On August 20, 2020, the court held a status conference and informed the parties that the court intended to raise sua sponte the issue of subject matter jurisdiction (as to both diversity and federal question jurisdiction). After discussion, the court and parties agreed that the most appropriate process was to permit counsel for Plaintiff to file a motion to remand. Based on these discussions and agreement of the parties, Plaintiff must file his motion to remand by September 25, 2020. Defendants also filed an ex parte motion to exceed briefing page limits in support of a motion to dismiss. ECF No. #9 . Because the court will decide the motion to remand before addressing other matters, the court denies the ex parte motion without prejudice to refiling if the court denies the motion to remand. Further, the court tolls the time for Defendants to answer or file a motion pursuant to Federal Rule of Civil Procedure 12(b) until the court issues an order on the motion to remand. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 18 EP: Status Conference conducted by telephone conference held.Discussion held regarding jurisdiction and Defendants' Ex Parte Motion [Unopposed] to Exceed Page Limits in Support of Motion to Dismiss.The court will issue a written order. (Reporter-Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 17 EO: Telephonic Status Conference is set for 08/20/2020 at 02:15 PM before CHIEF JUDGE J. MICHAEL SEABRIGHT. Parties are to participate via the court's AT&T teleconference services. 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.Call-in number: 1-888-684-8852Access Code: 5551921(CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 16 NOTICE of Case Reassignment: Please reflect Civil case number CV 20-00340 JMS-KJM on all further pleadings. (emt, ) |
| Filing 15 EO: The Clerk's Office is directed to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (Magistrate Judge KENNETH J. MANSFIELD) (mansfield2) |
| Filing 14 Consent Election Form |
| Filing 13 AMENDED DOCUMENT by Aecom. Amendment to #1 Notice of Removal, and Supplemented Notice. (Attachments: #1 Certificate of Service)(Pepper, Andrew) |
| Filing 12 Corporate Disclosure Statement by Aecom. (Attachments: #1 Certificate of Service)(Pepper, Andrew) |
| Filing 11 Joinder and Consent by Defendant AECOM to [ECF No. 1] Defendant Amentum Services, Inc.'s Notice of Removal and Statement of Supplemental Basis for Removal filed by Aecom. (Attachments: #1 Certificate of Service)(Pepper, Andrew) |
| Filing 10 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiff Frank Trotta and Defendant Amentum Services, Inc. fka URS Federal Services, Inc. Please continue to reflect Civil Case Number CV 20-00340 KJM on all further pleadings. (jni) |
| ADVISORY ENTRY- Please be advised docket entry #10 Consent to Jurisdiction by United States Magistrate Judge has been filed prematurely. The Judge assignment will revert to the initial assignment KJM-UNASSIGNED until all parties appear and submits their completed Consent Election Form. (jni) |
| Filing 9 EX PARTE Motion [Unopposed] Motion to Exceed Page Limits in Support of Motion to Dismiss Andrew L. Pepper appearing for Defendants Amentum Services, Inc., URS Federal Services, Inc. (Attachments: #1 Certificate of Service)(Pepper, Andrew) |
| Filing 8 Consent Election Form |
| Filing 7 Consent Election Form |
| Filing 6 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV200000998. (Attachments: #1 Clerk's Certificate, #2 Case Detail Docket List) (jni) |
| Filing 5 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) |
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 9:30 AM on 9/14/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/5/2020. (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 20-00340 KJM on all further pleadings. (jni) |
| Filing 2 Corporate Disclosure Statement by Amentum Services, Inc., URS Federal Services, Inc.. (Attachments: #1 Certificate of Service)(Pepper, Andrew) |
| Filing 1 NOTICE OF REMOVAL by URS Federal Services, Inc., Amentum Services, Inc. from Circuit Court of the First Circuit, case number 1CCV-20-0000998. ( Filing fee $ 400 receipt number 0975-2406384), filed by URS Federal Services, Inc., Amentum Services, Inc.. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Pepper, Andrew) |
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