Velez v. Dorrance et al
Plaintiff: Albert S. Velez
Defendant: Robert Endreson, Bennett Dorrance, Jr., ProService Hawaii, Bob, John Oliva and Kohala Mountain Fish Company
Case Number: 1:2021cv00005
Filed: January 4, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: LESLIE E KOBAYASHI
Referring Judge: ROM TRADER
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42:12101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2021 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)
February 11, 2021 Filing 21 NOTICE of Appearance by Michael P. Healy on behalf of Albert S. Velez on behalf of Albert S. Velez. (Healy, Michael)
February 10, 2021 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)
February 8, 2021 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)
February 8, 2021 Filing 18 Corporate Disclosure Statement by ProService Hawaii identifying Corporate Parent Headland Acquisition, Inc., Corporate Parent ProService Pacific LLC for ProService Hawaii.. (Ernst, Joseph)
February 8, 2021 Filing 17 NOTICE of Appearance by Rachel K. H. Miyashiro on behalf of ProService Hawaii on behalf of ProService Hawaii. (Miyashiro, Rachel)
February 8, 2021 Filing 16 NOTICE of Appearance by Joseph Andrew Ernst on behalf of ProService Hawaii on behalf of ProService Hawaii. (Ernst, Joseph)
February 1, 2021 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)
February 1, 2021 Filing 14 Corporate Disclosure Statement by Kohala Mountain Fish Company identifying Other Affiliate Bennett Dorrance for Kohala Mountain Fish Company.. (Ernst, Joseph)
February 1, 2021 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)
February 1, 2021 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)
January 19, 2021 Filing 11 SUMMONS Returned Executed by Albert S. Velez. Robert Endreson served on 1/11/2021. (emt, )
January 19, 2021 Filing 10 SUMMONS Returned Executed by Albert S. Velez. Kohala Mountain Fish Company served on 1/11/2021. (emt, )
January 19, 2021 Filing 9 SUMMONS Returned Executed by Albert S. Velez. Bennett Dorrance, Jr served on 1/11/2021. (emt, )
January 19, 2021 Filing 8 SUMMONS Returned Executed by Albert S. Velez. ProService Hawaii served on 1/18/2021. (emt, )
January 8, 2021 Filing 7 Summons Issued as to All Defendants. (emt, )
January 8, 2021 Filing 6 Filing fee: $ 402, receipt number HI029983 re #1 Complaint. (emt, )
January 7, 2021 Filing 5 (Proposed) Summons - submitted by Albert S. Velez. (emt, )
January 4, 2021 Opinion or Order 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.
January 4, 2021 Opinion or Order 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.
January 4, 2021 Filing 2 CIVIL Cover Sheet - by Albert S. Velez. (emt, )
January 4, 2021 Filing 1 COMPLAINT for Employment Discrimination; Jury Trial against All Defendants - filed by Albert S. Velez.(emt, )

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Defendant: Robert Endreson
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Defendant: Bennett Dorrance, Jr.
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Defendant: ProService Hawaii
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Defendant: Bob
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Defendant: John Oliva
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Defendant: Kohala Mountain Fish Company
Represented By: Joseph Andrew Ernst
Represented By: Rachel K. H. Miyashiro
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Plaintiff: Albert S. Velez
Represented By: Michael P. Healy
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