Ballering v. Morgan Stanley LLC et al
| Scott Lynn Ballering |
| PHH Mortgage, Mr. Joseph Miller, Mr. Robert H. Herz, Ms. Susan Sykes, Mr. Nobuyuki Hirano, Ms. Anika S. Jones, Ms. Kathleen Lang, Ms. Sue Cienkus, Mr. Rayford Wilkins, Jr., Mr. Justin Lippincott, Morgan Stanley Smith Barney LLC, Ms. Mary L. Schapiro, Mr. Stephen J. Luczo, Mr. Daniel Krause, Mr. Alistair Darling, Mr. Dennis M. Nally, Morgan Stanley Bank NA, Mr. James Gorman, Morgan Stanley LLC, Ms. Elizabeth Corley, Mr. Hutham S. Olayan, Mr. Takeshi Ogasawara, Mr. Thomas H. Glocer, Ms. Shelley B. Leibowitz, Mr. Perry M. Traquina, Ms. Leigh Thern and Ms. Jami Miscik |
| 1:2020cv00527 |
| December 2, 2020 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| KENNETH J MANSFIELD |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 13 [THIRD] ADMENDED [sic] COMPLAINT FOR A CIVIL CASE against All Defendants - filed by Scott Lynn Ballering (jo) |
| Filing 12 EO: In light of #11 Findings and Recommendation to Dismiss Without Prejudice the Complaint and Deny Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, the Rule 16 Scheduling Conference previously set for 02/01/2021 IS CONTINUED TO 03/11/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD via telephone. Scheduling conference statements are due by 03/04/2021.In accordance with 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, )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) |
| Filing 11 FINDINGS AND RECOMMENDATION TO DISMISS WITHOUT PREJUDICE THE COMPLAINT AND DENY PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/21/2021. (jo)COURT'S 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) |
| Filing 10 [SECOND] ADMENDED [sic] COMPLAINT FOR A CIVIL CASE against All Defendants - filed by Scott Lynn Ballering (jo) |
| Filing 9 EO: On December 14, 2020, an inappropriate e-mail was sent to the Gillmor_Orders Inbox from Plaintiff's listed e-mail address. The inappropriate e-mail constitutes an attempt to engage in improper ex parte communications with the Court. District of Hawaii Local Rule 81.1(f); see Chipman v. Nelson, 2016 WL 3411602, *2 (E.D. Cal. June 15, 2016).Plaintiff is admonished that ex parte communications with the Court, including improper communications with Chamber's Staff, are prohibited and that any attempt in the future to engage in inappropriate ex parte communications regarding a pending case before the Court may result in imposition of sanctions.District of Hawaii Local Rule 81.1(f):Self-represented litigants must not informally communicate with the presiding judge or chambers staff by letter, telephone, or electronic means....District of Hawaii Local Rule 11.1:Failure of counsel or a party to comply with any provision of the Local Rules is a ground for imposition of appropriate sanctions, including a fine or dismissal. Sanctions may be imposed by the court sua sponte consistent with applicable law. (SENIOR JUDGE HELEN GILLMOR)(rls, )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) |
| Filing 8 AMENDED COMPLAINT for a Civil Case against All Defendants - filed by Scott Lynn Ballering.(emt, ) |
| Filing 7 NOTICE of Case Reassignment: Please reflect Civil case number CV 20-00527 HG-KJM on all further pleadings. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 15, 2020. |
| Filing 6 EO: The Court directs the Clerk's Office to reassign this case to a District Judge. Magistrate Judge Kenneth J. Mansfield will remain as the Magistrate Judge. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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) |
| Filing 5 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Scott Lynn Ballering. (emt, ) |
Filing 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/2/2020. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served on December 2, 2020. A blank IFP application was provided to Mr. Ballering.
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| Filing 3 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction)(emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served on December 2, 2020. |
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Filing 2
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 2/1/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/2/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served on December 2, 2020.
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| Filing 1 COMPLAINT for a Civil Case against All Defendants - filed by Scott Lynn Ballering.(emt, ) |
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