Marcello v. Starbucks Corporation
Plaintiff: Marco Polo Marcello and Lara Taina Ga Silva
Defendant: Starbucks Coffee Company, Starbucks Corporation, Jane Does 1-10, John Does 1-10, Doe Corporations 1-10, Doe Governmental Agencies 1-10, Doe Partnerships 1-10, Doe Entities 1-10 and Starbucks Coffee Hawaii
Case Number: 1:2021cv00153
Filed: March 22, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: HELEN GILLMOR
Referring Judge: KENNETH J MANSFIELD
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Filing 15 CLERK'S JUDGMENT entered 5/11/2021 pursuant to ECF #14 ORDER DISMISSING PLAINTIFFS' COMPLAINT FOR FAILURE TO PROSECUTE PURSUANT TO FED. R. CIV. P. 41(b) (jo)
May 11, 2021 Opinion or Order Filing 14 ORDER DISMISSING PLAINTIFFS' COMPLAINT FOR FAILURE TO PROSECUTE PURSUANT TO FED. R. CIV. P. 41(b) - Signed by SENIOR JUDGE HELEN GILLMOR on 5/10/2021. Plaintiffs' Complaint (ECF No. 1-3) is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is DIRECTED to CLOSE THE CASE. (jo)
April 26, 2021 Filing 13 EO: On March 29, 2021, Defendants filed: DEFENDANTS MOTION TO DISMISS PLAINTIFFS' COMPLAINT. (ECF No. 6). In light of the on-going settlement discussions, thehearing on Defendants' Motion to Dismiss (ECF No. 6) is CONTINUED from May 12, 2021 to Wednesday, May 26, 2021, at 10:00 a.m., before the Honorable Helen Gillmor. Plaintiffs' attorney shall immediately comply withDistrict of Hawaii Local Rule 83.1(e). Plaintiffs have until Tuesday, May 4, 2021 to file their Opposition to Defendants' Motion (ECF No. 6). Failure to comply with Rule 83.1(e) and file their Opposition to Defendants Motion (ECF No. 6) by Tuesday, May 4, 2021, will result in automatic dismissal of Plaintiffs' case for failure to prosecute. Defendants may file a Reply on or before Tuesday, May 18, 2021. (SENIOR JUDGE HELEN GILLMOR)(bbb)
April 26, 2021 Filing 12 EP: RULE 16 SCHEDULING CONFERENCE hearing NOT held.Mr. Herran was reminded about Local Rule 83.1(e), informing the Court of any updated contact information as required. Discussion held regarding Mr. Herran's intention in thecase.Mr. Whatoff to update Magistrate Judge Mansfield on thestatus of their settlement by Friday, April 30, 2021. (Video Tele-Conference (VTC) 11:30 - 11:42) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
April 21, 2021 Filing 11 EO: Counsel Paul Herran requests that the conference be converted to a Video Tele-Conference due to telecommunication availability. Request is granted. The Rule 16 Scheduling Conference set for 9:30 a.m. IS CONTINUED TO 11:30 a.m. on the same date of 04/26/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD by Video Tele-Conference (VTC).The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
April 21, 2021 Filing 10 EO: A hearing on Defendants' Motion to Dismiss (ECF No. #6 ) is set for Wednesday, May 12, 2021 at 10:00 a.m., before the Honorable Helen Gillmor.This hearing will be held telephonically. 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 ten (10) minutes prior to the scheduled start time of the hearing. PARTICIPANT INSTRUCTIONS:Step 1: Dial 1-888-684-8852.Step 2: Enter "7273604#" (Access Code followed by the pound (#) sign).Step 3: Participant will hear system say, "To join the conference as host press star (*), otherwise press pound (#)." Enter '#'.The system will then say "The host has not yet arrived. Please stand by." Participant should continue to hold until the Host arrives. (SENIOR JUDGE HELEN GILLMOR)(rls, )
April 19, 2021 Filing 9 CERTIFICATE OF SERVICE by Starbucks Coffee Company, Starbucks Coffee Hawaii, Starbucks Corporation (Re: Defendants Starbucks Corporation, Starbucks Coffee Company, and Starbucks Coffee Hawaiis Initial Disclosures) (Whattoff, Randall)
April 19, 2021 Filing 8 Defendants Starbucks Corporation, Starbucks Coffee Company, and Starbucks Coffee Hawaii's Scheduling Conference Statement; Certificate of Service (Whattoff, Randall) Modified on 4/20/2021 (jo)
March 31, 2021 Filing 7 EO: On March 29, 2021, Defendants filed:DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT. (ECF No. #6 ).Plaintiffs shall file their Opposition on or before Friday, April 16, 2021.Defendants shall file their Reply on or before Friday, April 30, 2021.A hearing on Defendants' Motion to Dismiss (ECF No. #6 ) shall be held on Wednesday, May 12, 2021, at 10:00 a.m., before the Honorable Helen Gillmor. (SENIOR JUDGE HELEN GILLMOR)(rls, )
March 29, 2021 Filing 6 MOTION to Dismiss for failure to State a Claim (Defendants' Motion to Dismiss Plaintiffs' Complaint Filed January 24, 2021 [Dkt. 1-3]) Randall C. Whattoff appearing for Defendants Starbucks Coffee Company, Starbucks Coffee Hawaii, Starbucks Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Whattoff, Randall)
March 23, 2021 Filing 5 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV210000084 (Attachments: #1 Clerk's Certificate, #2 Case Detail Docket List) (jni)
March 22, 2021 Filing 4 Corporate Disclosure Statement by Starbucks Corporation. (Whattoff, Randall)
March 22, 2021 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 4/26/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/22/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) 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. (emt, )
March 22, 2021 Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00153 HG-KJM on all further pleadings. (emt, )
March 22, 2021 Filing 1 NOTICE OF REMOVAL by Starbucks Corporation from First Circuit Court, State of Hawaii, case number 1CCV-21-0000084. ( Filing fee $ 402 receipt number 0975-2501154), filed by Starbucks Corporation. (Attachments: #1 Declaration of Randall C. Whattoff, #2 Declaration of Lyle Tenpenny, #3 Exhibit 1 - Plaintiffs' Complaint, #4 Exhibit 2 - Circuit Court Case Docket, #5 Exhibit 3 - WA State Bus. Info, #6 Exhibit 4 - HI DCCA-Starbucks Coffee Co, #7 Exhibit 5 - HI DCCA-Starbucks HI, #8 Certificate of Service, #9 Civil Cover Sheet)(Whattoff, Randall)

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Defendant: Starbucks Coffee Company
Represented By: Kamala S. Haake
Represented By: Randall C. Whattoff
Represented By: Joachim P. Cox
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Defendant: Starbucks Corporation
Represented By: Kamala S. Haake
Represented By: Randall C. Whattoff
Represented By: Joachim P. Cox
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Defendant: Jane Does 1-10
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Defendant: John Does 1-10
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Defendant: Doe Corporations 1-10
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Defendant: Doe Governmental Agencies 1-10
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Defendant: Doe Partnerships 1-10
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Defendant: Doe Entities 1-10
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Defendant: Starbucks Coffee Hawaii
Represented By: Kamala S. Haake
Represented By: Randall C. Whattoff
Represented By: Joachim P. Cox
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Plaintiff: Marco Polo Marcello
Represented By: Paul Herran
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Plaintiff: Lara Taina Ga Silva
Represented By: Paul Herran
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