Ballering v. Costco Corporation
| Scott Lynn Ballering |
| Costco Corporation |
| 1:2020cv00535 |
| December 7, 2020 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 CLERK'S JUDGMENT entered on 12/18/2020 pursuant to ECF No. #5 ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS, ECF No. 6 Entering Order. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 18, 2020. |
| Filing 6 EO: On December 9, 2020, the Court denied Plaintiff Scott Lynn Ballering's application to proceed without prepayment of fees or costs, otherwise known as an in forma pauperis or IFP application. Dkt. No. 5. On that same date, the Court ordered Ballering to pay the civil filing fee by no later than December 16, 2020. Id. Despite Ballering having access to cash and/or a checking or savings account with a balance exceeding $12,000, see Dkt. No 4 at 2, Ballering has failed to comply with the Court's order, and the $402 fee remains unpaid. Accordingly, Ballering's complaint is DISMISSED for failure to comply with a court order and failure to pay the filing fee pursuant to 28 U.S.C. 1914. See Fed. R. Civ. P. 41(b) (a court may dismiss an action for failure to comply with a court order); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (explaining that failure to pay a filing fee constitutes an independent ground for dismissal).IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)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) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 6 has been served by First Class Mail to Scott Lynn Ballering at the address of record on December 18, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
Filing 5
ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS re #4 - Signed by JUDGE DERRICK K. WATSON on 12/9/2020. Ballering's IFP application, Dkt. No. 4, is DENIED. Ballering is ORDERED to pay the $402 civil filing fee to the Clerk's Office no later than December 16, 2020. The Court cautions that if the filing fee is not paid in full by that date, the Court will, with no further notice, dismiss Ballering's complaint. (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 10, 2020.
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| Filing 4 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Scott Lynn Ballering. (emt, ) |
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/7/2020. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served on December 7, 2020. A blank IFP application was provided to Plaintiff.
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/1/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/7/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served on December 7, 2020.
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| Filing 1 COMPLAINT for a Civil Case against Costco Corporation - filed by Scott Lynn Ballering.(emt, ) |
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| Defendant: Costco Corporation | |
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| Plaintiff: Scott Lynn Ballering | |
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