Hueter et al v. AST Telecomm LLC et al
| Steven Jay Pincus Hueter, Michael S. Kirk, Candyman, Tao, Rosalia Tisa Faamuli, Chief Faamuli Pete Faamuli and Faamuli Pete Faamuli |
| Fiu J. Saelua, American Samoa Power Authority, Raj Deo, Mitzie Jessop Ta'ase, Daniel King, Reno Vivao, Justin Tuiasosopo, Tuimavave Tauapai Laupola, Lolo Matalasi Moliga, Peter Crispin, Lemanu Palepoi Sialega Mauga, Solip Hong, Fonoti Perelini, Isabel Hudson, Fainu'ulelei Falefatu Alaili Utu, Paul Michael Young, American Samoa Government, AST Telecomm LLC doing business as Bluesky Communications, Wallon Young, Chuck Leota, Talauega Eleasalo Va'alele Ale, Iulogologo Joseph Pereira, Fala Sualevi, American Samoa Telecommunications Authority, John/Jane Does 1-10, John/Jane Does 51-61, Lealaialoa Fritz Michael Kruse, Taotasi Archie Soliai, Ryan Tuato'o, US Fish and Wildlife Service, James L Mcguire, John/Jane Does 42-52, Martha Williams, Department of Marine and Wildlife Resources of the Government of American Samoa, Dept of Marine and Wildlife Resources and Haaland Anne Debra |
| 1:2021cv00207 |
| April 26, 2021 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Environmental Matters |
| 16 U.S.C. § 1538 Endangered Species Act |
| None |
Docket Report
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| Filing 48 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email - filed by Michael S. Kirk The court granted Plaintiff permission to receive electronic notices on April 29, 2021, ECF No. 14. (jo) |
| Filing 47 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email - filed by Faamuli Pete Faamuli The court granted Plaintiff permission to receive electronic notices on April 29, 2021, ECF No. 14. (jo) |
| Filing 46 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email - filed by Steven Jay Pincus Hueter. The court granted Plaintiff permission to receive electronic notices on April 29, 2021, ECF No. 14 . (jo) |
| Filing 45 CLERK'S JUDGMENT entered 7/14/2021 pursuant to ECF #44 ORDER DISMISSING ACTION WITHOUT PREJUDICE (jo)COURT'S CERTIFICATE OF SERVICE - Plaintiffs will be served by First Class Mail on July 15, 2021 to the addresses of record. |
Filing 44
ORDER DISMISSING ACTION WITHOUT PREJUDICE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/14/2021. Plaintiffs are barred from bringing claims under the ESA until its 60-day notice requirements have been satisfied. And, Plaintiffs are barred from bringing claims under the MPRSA its 60-day notice requirements have been satisfied. Because Plaintiffs commenced this action prior to fulfilling those requirements, the court cannot retain jurisdiction. The action is DISMISSED without prejudice to bringing a new action once the 60-day notice requirements have been fulfilled. The Clerk of Court shall close the case file. (jo)COURT'S CERTIFICATE OF SERVICE - Plaintiffs will be served by First Class Mail on July 15, 2021 to the addresses of record.
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| Filing 43 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Tuimavave Tauapai Laupola served on 5/7/2021. (jo) |
| Filing 42 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Mitzie Jessop Ta'ase served on 5/7/2021. (jo) |
| Filing 41 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Talauega Eleasalo Va'alele Ale served on 5/7/2021. (jo) |
| Filing 40 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Lolo Matalasi Moliga served on 5/7/2021. (jo) |
| Filing 39 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Lemanu Palepoi Sialega Mauga served on 5/7/2021. (jo) |
| Filing 38 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Fainu'ulelei Falefatu Alaili Utu served on 5/7/2021. (jo) |
| Filing 37 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Iulogologo Joseph Pereira served on 5/7/2021. (jo) |
| Filing 36 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Fiu J. Saelua served on 5/7/2021. (jo) |
| Filing 35 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. American Samoa Government served on 5/7/2021. (jo) |
| Filing 34 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue And Certificate of Service of Motion For TRO [ECF No. #9 ] on the Secretary of the Interior And on the US Fish and Wildlife Service And on the Violators: Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 33 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue on the Violators: 1) AST Telecom LLC d/b/a Bluesky Communications Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 32 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue on the Violators: 1) American Samoa Government ASG, 2) American Samoa Power Authority ASPA, 3) American Samoa Telecommunications Authority ASTCA and American Samoa EPA Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 31 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue on the Secretary of the Interior Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 30 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue on the United States Fish and Wildlife Service Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 29 NOTICE of Expiration of 60 Days Notice and Notices of Intent to Sue on the American Samoa EPA and US EPA Relating to a Private Alega Marine Protected Area Established in ~1985 With: Appendix [A] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 28 EO: On April 30, 2021, the court stayed this case pending proof that Plaintiffs complied with the 60-day notice requirement under the Endangered Species Act ("ESA") and Marine Protection, Research, and Sanctuaries Act ("MPRSA"). ECF No. #15 . On July 9, 2021, Plaintiffs provided proof that they had mailed notices to the Department of Interior and Fish and Wildlife Service ("FWS") and that these notices were delivered on May 13, 2021. ECF No. #26 . Plaintiffs therefore conclude that the 60-day notice period expired on July 12, 2021.But Plaintiffs have not provided proof of notice to the Environmental Protection Agency ("EPA"), as required by the MPRSA. 33 U.S.C. 1415(g)(2)(A); see also ECF No. 15 at PageID # 184. And Plaintiffs have not provided proof of notice to each alleged violator, as required by both the ESA and MPRSA. See 16 U.S.C. 1540(g)(2)(A)(i); 33 U.S.C. 1415(g)(2)(A); see also ECF No. 15 at PageID # 184.Further, Plaintiffs have not provided the court with a copy of the notice that they sent to FWS, EPA, or the alleged violators. In order to determine if the notice requirement is satisfied, the court must review those notices for sufficiency. Indeed, "[t]o provide proper notice of an alleged violation, a would-be plaintiff must at a minimum provide sufficient information so that the notified parties could identify and attempt to abate the violation." Klamath-Siskiyou Wildlands Ctr. v. MacWhorter, 797 F.3d 645, 651 (9th Cir. 2015) (internal alterations omitted). Plaintiffs are therefore ORDERED to (1) submit proof that they provided notice to the EPA and each alleged violator at least 60 days ago; and (2) submit a copy of the notice they sent to each relevant agency--that is, FWS and EPA--and to each alleged violator--that is, each named Defendant. After its review of these materials, the court will determine whether to lift the stay in this case. (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 MOTION With Authorities To Voluntarily Drop A Plaintiff Under F.R.C.P. Rule 21 Or Notice of Dismissal Under F.R.C.P. Rule 41 - filed by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Order) (jo) |
| Filing 26 NOTICE of Expiration of 60 Days Notice Based on Date of Service of Mailing on May 7, 2021 on 1) Secretary of Interior 2) US Fish and Wildlife Service Re: Notice of Intent to Sue - Violation of Federal Endangered Species Protection Laws Relating to a Private Alega Marine Protected Area Established in ~1985 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
| Filing 25 EO: In light of the #15 Order Staying Case pending satisfaction of notice requirements, the Telephonic Rule 16 Conference set for 06/22/2021 at 9:00 a.m. is hereby VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 24 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Paul Michael Young served on 5/6/2021. (jo) |
| Filing 23 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Justin Tuiasosopo served on 5/6/2021. (jo) |
| Filing 22 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. Raj Deo served on 5/6/2021. (jo) |
| Filing 21 SUMMONS Returned Executed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. AST Telecomm LLC served on 5/6/2021. (jo) |
| Filing 20 EO: On April 30, 2021, the court entered a stay in this case pending proof that Plaintiffs have satisfied the Endangered Species Act ("ESA") and Marine Protection, Research, and Sanctuaries Act ("MPRSA") 60-day notice requirements. ECF No. #15 . When a case is stayed, all activity in that case is suspended until the stay is lifted. Here, this means that all activity is suspended until 60 days after Plaintiffs have notified the relevant federal agencies of their intent to sue under the ESA and MPRSA.On May 5, 2021, Plaintiffs filed a Verified Amended Complaint, ECF No. #18 . But no party is allowed to submit filings while a case is stayed. The Verified Amended Complaint is therefore STRICKEN, and Plaintiffs are advised to cease submitting additional filings until the stay has been lifted. Of course, Plaintiffs should submit a filing notifying the court that the notice requirement has been satisfied (that is, that they have notified the relevant agencies and the requisite 60 days have passed).Additionally, the court notes that the now-stricken Verified Amended Complaint appears to name new Defendants and allege new claims unrelated to the underlying controversy in this case. In particular, Plaintiffs' proposed claims against new defendants regarding ex parte communications and illegal fishing appear to be unrelated to the ESA and MPRSA claims in the original complaint. Plaintiffs are advised that under Federal Rule of Civil Procedure 20 they may not join new defendants unless the claims against those defendants are "arising out of the same transaction, occurrence, or series of transactions or occurrences at issue in the underlying case; here, the depositing of telecommunication detritus allegedly in violation of the ESA and MPRSA.The court understands that Plaintiffs are eager to move forward with their claims. But in order for the case to be adjudicated fairly, Plaintiffs must follow court orders and the Federal Rules of Civil Procedure. Improper filings only have the effect of delaying resolution of this case. (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 19 Summons Issued as to All Defendants (jo) |
| Filing 18 **STRICKEN pursuant to ECF No. 20** VERIFIED AMENDED COMPLAINT for Violation of Federal Pollution Laws, Federal Environmental Protection Laws, Federal Endangered Species Protection Laws, Federal Marine Sanctuary Protection Laws, Illegal Commercial Fishing, Injunctive Relief, Declaratory Relief and Other Relief Relating to a Prival Alega Marine Protected Area Established in ~1985 against All Defendants - filed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix 00, #7 Redline to Verified Amended Complaint, #8 Counsel to be Noticed, #9 Signatures of Plaintiffs/Verification, #10 Proposed Summons) (jo) Modified on 5/6/2021 (rlfh). |
| Filing 17 Filing fee received: $402.00; receipt number HI030579 re #1 Complaint (jo) |
| Filing 16 STATEMENT by Plaintiffs of Intent to Fully Comply with the ESA and MPRSA 60 Day Notice Requirements Re: #15 Court Order Staying Case - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo) |
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Filing 15
ORDER STAYING CASE PENDING SATISFACTION OF NOTICE REQUIREMENTS - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/30/2021. This case is STAYED pending proof that Plaintiffs have satisfied the ESA and MPRSA's 60-day notice requirements. Plaintiffs are ORDERED to submit a filing by May 10, 2021, either (1) providing proof that they complied with the 60-day notice requirement; or (2) stating whether they intend to comply with this requirement. Additionally, Plaintiffs must provide proof that they have notified Defendants of their Motion in order for the TRO request to be heard, and must serve the Complaint and Motion upon Defendants in order for the preliminary injunction request to be heard. (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 14 EO: On April 28, 2021, Plaintiffs applied for permission to receive electronic notices when documents are filed in this case, ECF #8 . The Court GRANTS Plaintiffs' application and directs the Clerk's Office to add the following email addresses to the docket so that Plaintiffs receive notices of all electronic filings: Tui.Majope@gmail.com, TisaFaamuli29@gmail.com, TaoLovesTau@gmail.com, SamoanLivesMatter@gmail.com. (MAGISTRATE JUDGE WES REBER PORTER)(jp)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 13 NOTICE of Case Reassignment: Please reflect Civil case number CV 21-00207 JMS-KJM on all further pleadings. (emt, )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) on April 29, 2021. |
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Filing 12
ORDER REASSIGNING CASE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/29/2021. Case reassigned to CHIEF JUDGE J. MICHAEL SEABRIGHT and MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further proceedings. JUDGE LESLIE E. KOBAYASHI, MAGISTRATE JUDGE WES REBER PORTER no longer assigned to case. The case number shall change on all future filings in this case from Civ. No. 21-00207 LEK-WRP to Civ. No. 21-00207 JMS-KJM. (emt, )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) on April 29, 2021.
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| Filing 11 CERTIFICATE OF SERVICE re #9 MOTION for Temporary Restraining Order and for a Preliminary Injunction - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
| Filing 10 AFFIDAVIT in Support Re: #9 MOTION With Authorities for a Temporary Restraining Order and a Preliminary Injunction Relating to the Verified Complaint for a Permanent Injunction Against Defendants to Stop Corporate and Government Pollution of a Private Alega Marine Protected Area and to Stop Pollution of the Habitat of Endangered and Threatened Species in Alega - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
| Filing 9 MOTION With Authorities for a for Temporary Restraining Order and Preliminary Injunction Relating to the Verified Complaint for a Permanent Injunction Against Defendant to Stop Corporate and Government Pollution of a Private Alega Marine Protected Area and to Stop Pollution of the Habitat of Endangered and Threatened Species in Alega - by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 (Proposed) Order Permanent Injunction, #5 (Proposed) Order for Preliminary Injunction, #6 (Proposed) Order for Temporary Restraining Order)(emt, ) |
| Filing 8 APPLICATION Re: Permission to Receive Notices of Electronic Filing - by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
| Filing 7 Submission of Proposed Summons - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
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Filing 5
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/26/2021. (emt, )COURT'S CERTIFICATE of Service - Plaintiffs have been served.
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 6/22/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/26/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Plaintiffs have been served.
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| Filing 3 NOTICE of Designation of Related Civil Cases Pending in This or Any Other United States Court - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, ) |
| Filing 1 Verified COMPLAINT for Violation of Federal Pollution Laws, Federal Environmental Protection Laws, Federal Endangered Species Protection Laws, Federal Marine Sanctuary Protection Laws, Injunctive Relief and Other Relief against All Defendants - filed by Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli, Michael S. Kirk. (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 Signatures of Plaintiffs/Verification)(emt, ) |
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