Velez v. Dorrance et al
| Albert S. Velez |
| Robert Endreson, Bennett Dorrance, Jr., ProService Hawaii, Bob, John Oliva and Kohala Mountain Fish Company |
| 1:2021cv00005 |
| January 4, 2021 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Civil Rights: Americans with Disabilities - Employment |
| 42:12101 |
| Plaintiff |
Docket Report
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| Filing 22 EO: COURT ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS COMPLAINT . The Motions are both HEREBY GRANTED, for the reasons stated therein, to the extent the Complaint is DISMISSED. However, because it is arguably possible for Plaintiff to amend his Complaint to cure the identified defects, the dismissal must be WITHOUT PREJUDICE. See Sonoma Cty. Ass'n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1118 (9th Cir. 2013) ("As a general rule, dismissal without leave to amend is improper unless it is clear, upon de novo review, that the complaint could not be saved by any amendment." (brackets, citation, and internal quotation marks omitted)). Therefore, the Motions are GRANTED to the extent that they seek dismissal of the claims in the Complaint, and DENIED to the extent that they seek dismissal with prejudice.Plaintiff is granted leave to file an amended complaint by April 16, 2021. The amended complaint must include all of the factual allegations that Plaintiffs claims are based upon, even if Plaintiff previously presented those allegations in the original Complaint. The amended complaint cannot incorporate any part of the original Complaint by merely referring to the original Complaint. Plaintiff is CAUTIONED that if he does not file an amended complaint by April 16, 2021 the Complaint will be dismissed with prejudice. Plaintiff is granted leave to file an amended complaint by April 16, 2021. The amended complaint must include all of the factual allegations that Plaintiffs claims are based upon, even if Plaintiff previously presented those allegations in the original Complaint. The amended complaint cannot incorporate any part of the original Complaint by merely referring to the original Complaint. Plaintiff is CAUTIONED that if he does not file an amended complaint by April 16, 2021 the Complaint will be dismissed with prejudice. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 21 NOTICE of Appearance by Michael P. Healy on behalf of Albert S. Velez on behalf of Albert S. Velez. (Healy, Michael) |
| Filing 20 EO: The Telephonic Rule 16 Scheduling Conference set for 3/1/2021 at 09:00AM is CONTINUED to 6/2/2021 at 09:00AM 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)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 19 MOTION to Dismiss Defendant ProService Hawaiis Motion to Dismiss Plaintiffs Complaint filed on January 4, 2021 #1 ; Memorandum in Support of Motion; Declaration of Joseph A. Ernst; Exhibit A; Certificate of Service Joseph Andrew Ernst appearing for Defendant ProService Hawaii (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Joseph A. Ernst, #3 Exhibit A, #4 Certificate of Service)(Ernst, Joseph) |
| Filing 18 Corporate Disclosure Statement by ProService Hawaii identifying Corporate Parent Headland Acquisition, Inc., Corporate Parent ProService Pacific LLC for ProService Hawaii.. (Ernst, Joseph) |
| Filing 17 NOTICE of Appearance by Rachel K. H. Miyashiro on behalf of ProService Hawaii on behalf of ProService Hawaii. (Miyashiro, Rachel) |
| Filing 16 NOTICE of Appearance by Joseph Andrew Ernst on behalf of ProService Hawaii on behalf of ProService Hawaii. (Ernst, Joseph) |
| Filing 15 MOTION to Dismiss Defendants Bennett Dorrance, Jr., Kohala Mountain Fish Company, LLC, Robert Bob Endreson, and John Olivas Motion to Dismiss Plaintiffs Complaint filed on January 4, 2021 #1 ; Memorandum in Support of Motion; Certificate of Service Joseph Andrew Ernst appearing for Defendants John Oliva, Robert Endreson, Kohala Mountain Fish Company, Bennett Dorrance, Jr (Attachments: #1 Memorandum, #2 Certificate of Service)(Ernst, Joseph) |
| Filing 14 Corporate Disclosure Statement by Kohala Mountain Fish Company identifying Other Affiliate Bennett Dorrance for Kohala Mountain Fish Company.. (Ernst, Joseph) |
| Filing 13 NOTICE of Appearance by Rachel K. H. Miyashiro on behalf of Bennett Dorrance, Jr, Robert Endreson, Kohala Mountain Fish Company, John Oliva on behalf of Bennett Dorrance, Jr, Robert Endreson, Kohala Mountain Fish Company, John Oliva. (Miyashiro, Rachel) |
| Filing 12 NOTICE of Appearance by Joseph Andrew Ernst on behalf of Bennett Dorrance, Jr, Robert Endreson, Kohala Mountain Fish Company, John Oliva on behalf of Bennett Dorrance, Jr, Robert Endreson, Kohala Mountain Fish Company, John Oliva. (Ernst, Joseph) |
| Filing 11 SUMMONS Returned Executed by Albert S. Velez. Robert Endreson served on 1/11/2021. (emt, ) |
| Filing 10 SUMMONS Returned Executed by Albert S. Velez. Kohala Mountain Fish Company served on 1/11/2021. (emt, ) |
| Filing 9 SUMMONS Returned Executed by Albert S. Velez. Bennett Dorrance, Jr served on 1/11/2021. (emt, ) |
| Filing 8 SUMMONS Returned Executed by Albert S. Velez. ProService Hawaii served on 1/18/2021. (emt, ) |
| Filing 7 Summons Issued as to All Defendants. (emt, ) |
| Filing 6 Filing fee: $ 402, receipt number HI029983 re #1 Complaint. (emt, ) |
| Filing 5 (Proposed) Summons - submitted by Albert S. Velez. (emt, ) |
Filing 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/4/2021. (emt, )COURT'S CERTIFICATE of Service - Albert S. Velez served. A blank IFP form was provided to the Plaintiff.
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/1/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/4/2021. (Attachments: #1 Memo from Clerk Re Corporate Disclosures) (emt, )COURT'S CERTIFICATE of Service - Albert S. Velez served.
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| Filing 2 CIVIL Cover Sheet - by Albert S. Velez. (emt, ) |
| Filing 1 COMPLAINT for Employment Discrimination; Jury Trial against All Defendants - filed by Albert S. Velez.(emt, ) |
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