Conner et al v. Macquarie Infrastructure Corp. et al
| De Mont R.D. Conner and John-Michael Kaio |
| Hawaii Gas Company, Federal National Mortgage Association, Gas Co, LLC, FNMA, United States of America, Hawaii Gas, MacQuarie Infrastructure Corp. and Fannie Mae |
| 1:2021cv00181 |
| April 12, 2021 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Real Property: Other |
| 28 U.S.C. § 2410 |
| None |
Docket Report
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| Filing 37 EO: #35 MOTION to Disqualify Counsel; MOTION for Sanctions. Telephonic Motion Hearing is set for 7/22/2021 at 09:30 AM 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. The Court sets the following briefing schedule:Opposition due: 6/24/2021Reply due: 7/1/2021 (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 36 EO: The Telephonic Rule 16 Scheduling Conference set for 6/14/2021 is CONTINUED to 8/13/2021 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 35 Plaintiffs MOTION to Disqualify Attorney's Judy A. Tanaka, Jenny J.N.A. Nakamoto & Law Firm Dentons US LLP; With Request for Rule 11 Sanctions - filed by Plaintiffs De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Declaration of De Mont R.D. Conner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service, #7 Transmittal Letter) (jo) |
| Filing 34 NOTICE of Hearing on Motion - #33 MOTION for Summary Judgment is set for 08/16/2021 at 09:00 AM before CHIEF JUDGE J. MICHAEL SEABRIGHT. Given the current public health crisis, the court will notify the parties in due course whether the hearing will be held in court, by video conference, by telephone conference, or whether the matter will be submitted without a hearing under Local Rule 7.1(c).(CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 33 Plaintiffs MOTION for Summary Judgment - filed by Plaintiffs De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Declaration of John-Michael Kaio, #2 Declaration of De Mont R.D. Conner, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service, #6 Transmittal Letter, #7 Transmittal Envelope) (jo) |
| Filing 32 Scheduling Conference Statement Defendant Federal National Mortgage Associations Scheduling Conference Statement; Certificate of Service. (Attachments: #1 Certificate of Service)(Tanaka, Judy) |
| Filing 31 AMENDED DOCUMENT by Federal National Mortgage Association. Amendment to #23 Answer to Complaint, Federal National Mortgage Associations First Amended Answer to Verified Complaint for Quiet Title Pursuant to 28 U.S.C. 2410; Removal of Easement; Ejectment [Dkt. 1] Filed April 12, 2021; Certificate of Service. (Attachments: #1 Certificate of Service)(Tanaka, Judy) |
| Filing 30 Scheduling Conference Statement of Defendants Macquarie Infrastructure and The Gas Company, LLC, dba Hawaii Gas. (Higa, Nathaniel) |
| Filing 29 REPORT of Planning Meeting (Joint FRCP 26(F) and LR 26.1 Conference of Parties Report). (Higa, Nathaniel) |
| Filing 28 EO: Upon review of Defendants MacQuarie Infrastructure Corp. and the Gas Company, LLC's Statement filed on May 25, 2021 ("Statement"), ECF No. #27 , the court DISSOLVES the April 19, 2021 Order to Show Cause. The Statement establishes that, on the current record, there is complete diversity of citizenship for purposes of subject-matter jurisdiction under 28 U.S.C. 1332. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 27 STATEMENT as to the Court's Executive Order of May 11, 2021 filed by Hawaii Gas Company, MacQuarie Infrastructure Corp.. (Higa, Nathaniel) |
| Filing 26 EO: On 5/17/21, Judy Tanaka, Esq. and Jenny Nakamoto, filed a [ECF #22 ] Notice of Special Appearing Counsel for Defendant Federal National Mortgage Association ("Notice of Appearance"). On 5/24/21, Plaintiffs filed [ECF #25 ] Plaintiffs['] Objection to Notice of Special Appearing Counsel for Defendant Federal National Mortgage Association ("Plaintiffs' Objection") which alleges a conflict of interest prevents Jenny Nakamoto, from representing Defendant Federal National Mortgage Association ("FNMA") in this case. [ECF #25 ] at PageID #: 183-184. Plaintiffs' Objection seems to be based on alleged conflicting statements by Ms. Nakamoto concerning the client or clients Ms. Nakamoto claims to represent in connection with this action and that Defendant FNMA's website fails to identify Ms. Nakamoto, Ms. Tanaka, or DENTONS US, LLP as legal counsel for FNMA. Id. at PageID #: 183-187. Plaintiff then requests this Court issue an Order to Show Cause requiring Ms. Nakamoto to "produce PRIMA FACIA EVIDENCE that she has [been] granted PRIOR EXPRESS WRITTEN APPROVAL by Defendant [FNMA] to make representations in this action, on Defendant [FNMA's] behalf." Id. at PageID #: 186 (emphasis in original). In addition, Plaintiffs request that the Court "should further STRIKE the answer to the complaint filed by Defendant [FNMA,] by and through Ms. Nakamoto, as well as SANCTION Ms. Nakamoto for making a false representation as Counsel for Defendant [FNMA.]" Id. (emphasis in original).The Court OVERRULES [ECF #25 ] Plaintiff's Objection as premature at this time subject to Plaintiffs' filing an appropriate motion which fully sets forth all facts, circumstances and legal authority supporting their objection and providing an opportunity for a response by Ms. Nakamoto, Defendant FNMA and any other parties to this action. The Court also DENIES Plaintiffs' requests for an order to show cause or to strike the Defendant FNMA's answer. (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 25 Plaintiffs OBJECTION to Notice of Special Appearing Counsel for Defendant Federal National Mortgage Association re: #22 - filed by De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Certificate of Service, #2 Transmittal Letter) (jo) |
| Filing 24 Corporate Disclosure Statement by Federal National Mortgage Association. (Attachments: #1 Certificate of Service)(Nakamoto, Jenny) |
| Filing 23 ANSWER to #1 Complaint Federal National Mortgage Associations Answer to Verified Complaint for Quiet Title Pursuant To 28 U.S.C. 2410; Removal of Easement; Ejectment [Dkt. 1] filed April 12, 2021 by Federal National Mortgage Association. (Attachments: #1 Certificate of Service)(Nakamoto, Jenny) |
| Filing 22 NOTICE of Appearance by Judy A. Tanaka on behalf of Federal National Mortgage Association on behalf of Federal National Mortgage Association. (Attachments: #1 Certificate of Service)(Tanaka, Judy) |
| Filing 21 EO: On May 14, 2021, Plaintiffs De Mont R. D. Conner and John-Michael Kaio filed "Plaintiffs Motion for an Evidentiary Hearing." ECF No. #20 . In that Motion, Plaintiffs seek an evidentiary hearing "to determine whether or not US Bank should be allowed to be substituted in place of Defendant Fannie Mae." Id. at PageID # 128. But there is no motion for substitution before the court and thus, there is no basis for Plaintiffs' Motion. Accordingly, Plaintiffs' Motion is DENIED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 20 Plaintiffs MOTION For An Evidentiary Hearing - filed by Plaintiffs De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Declaration of De Mont R.D. Conner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Certificate of Service) (jo) |
| Filing 19 EO: The court has reviewed Plaintiffs' response to the court's April 19, 2021 Order to Show Cause. See ECF No. 18. The court has an obligation to assure it has subject-matter jurisdiction. Although Plaintiffs appear to assert that federal jurisdiction is proper under 28 U.S.C. 1331 (federal question), the court has already noted that 28 U.S.C. 2410 only allows the United States to be named as a party in any civil action regarding quiet title as to property on which the United States has a mortgage or other lien, but "does not... confer jurisdiction upon district courts to entertain quiet title actions." ECF No. 10 at PageID # 30 (citations omitted).Nevertheless, it is still unclear to the court whether or not jurisdiction based on diversity of citizenship exists in this action. Accordingly, the court DIRECTS Defendants MacQuarie Infrastructure Infrastrucutre Corporation and The Gas Company, LLC (who have filed an Answer, ECF No. 16) to file a statement as to whether diversity jurisdiction is present in this case. Defendants' statement is limited to addressing whether any member or owners of The Gas Company, LLC (including any corresponding members/owners of those members/owners) are Hawaii citizens. See, e.g., Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The response must include enough detail for the court to make a determination one way or the other about diversity of citizenship. A statement by Defendants is due by May 25, 2021. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants De Mont R.D. Conner and John-Michael Kaio will be served by First Class Mail on May 11, 2021 to the addresses of record listed on the Notice of Electronic Filing (NEF). Modified on 5/11/2021 (shm). |
| Filing 18 Plaintiffs RESPONSE to Court's Order to Show Cause - filed by De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Declaration of De Mont R.D. Conner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Certificate of Service, #19 Transmittal Letter) (jo) |
| Filing 17 Corporate Disclosure Statement by Hawaii Gas Company, MacQuarie Infrastructure Corp.. (Higa, Nathaniel) |
| Filing 16 ANSWER to #1 Complaint by Hawaii Gas Company, MacQuarie Infrastructure Corp..(Higa, Nathaniel) |
| Filing 15 PROOF OF SERVICE - filed by De Mont R.D. Conner, John-Michael Kaio. Note: This document was attached to the proposed summons, ECF #3 and documents that MacQuarie Infrastructure Corp. was served an un-filed copy of the Complaint and unissued summons by certified mail on 4/12/2021. (jo) |
| Filing 14 PROOF OF SERVICE - filed by De Mont R.D. Conner, John-Michael Kaio. Note: This document was attached to the proposed summons, ECF #7 , and documents that Federal National Mortgage Association was served an un-filed copy of the Complaint and unissued summons by certified mail on 4/12/2021. (jo) |
| Filing 13 SUMMONS Returned Executed by De Mont R.D. Conner, John-Michael Kaio. United States of America served on 4/19/2021. (jo) |
| Filing 12 SUMMONS Returned Executed by De Mont R.D. Conner, John-Michael Kaio. Hawaii Gas Company served on 4/19/2021. (jo) |
| Filing 11 SUMMONS Returned Executed by De Mont R.D. Conner, John-Michael Kaio. MacQuarie Infrastructure Corp. served on 4/19/2021. (jo) |
Filing 10
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/19/2021. Show Cause Response due by 5/10/2021(jo)COURT'S CERTIFICATE OF SERVICE - De Mont R.D. Conner and John-Michael Kaio will be served by First Class Mail on April 20, 2021 to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| COURT'S CERTIFICATE OF SERVICE - a copy of ECF Nos. #8 , #9 have been served by First Class Mail to De Mont R.D. Conner and John-Michael Kaio at their addresses of record on April 16, 2021. (jo) |
| Filing 9 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (jo) |
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Filing 8
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 6/14/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (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)
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| Filing 7 Summons Issued as to Federal National Mortgage Association (jo) |
| Filing 6 Summons Issued as to United States of America (jo) |
| Filing 5 Summons Issued as to Hawaii Gas Company (jo) |
| Filing 4 Summons Issued as to MacQuarie Infrastructure Corp. (jo) |
| Filing 3 Summons Issued as to MacQuarie Infrastructure Corp. (jo) |
| Filing 2 Filing fee received: $402.00; receipt number HI030474 re #1 Complaint (jo) |
| Filing 1 VERIFIED COMPLAINT FOR QUIET TITLE PURSUANT TO 28 U.S.C. 2410; REMOVAL OF EASEMENT; EJECTMENT; SUMMONS against All Defendants - filed by De Mont R.D. Conner, John-Michael Kaio (Attachments: #1 Transmittal Letter) (jo) |
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