Raquinio v. Kohanaiki Community Association
| Noe Raquinio |
| Koanaiki Resort and Kohanaiki Community Association |
| 1:2021cv00255 |
| June 1, 2021 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 EO: The Court finds that Plaintiff has demonstrated good cause to move the Rule 16 Scheduling Conference because of Plaintiff's scheduling conflict with another case. See ECF No. #28 . However, the Court is unable to advance the Scheduling Conference as requested because of the Court's schedule. Accordingly, the Court CONTINUES Telephonic Rule 16 Scheduling Conference to 9/21/2021 at 9:45 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE of Service - Noe Raquinio has been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 28 Plaintiff REQUEST to Advance Rule 16 Conference, Certificate of Service - by Plaintiff Noe Raquinio. (emt, ) |
| Filing 27 Plaintiff RESPONSE to #25 Defendants Letter; Certificate of Service - filed by Noe Raquinio. (emt, ) |
| Filing 26 EO: In light of the pending Motion to Dismiss, the Court CONTINUES Telephonic Rule 16 Scheduling Conference from 8/2/2021 to 9/20/2021 at 9:15 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (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 25 Letter Brief Letter addressed to Magistrate Judge Wes Reber Porter from Robert J. Brown dated July 22, 2021 re Rule 16 Scheduling Conference . (Brown, Robert) Modified on 7/23/2021 (emt, ). |
| Filing 24 Plaintiff OBJECTION to Defendants Interrogatories Followed by Second Set of Interrogatories, Certificate of Service - filed by Noe Raquinio. (emt, ) |
| Filing 23 Plaintiff RESPONSE to #13 Defendant's MOTION to Dismiss, Certificate of Service - filed by Noe Raquinio. (emt, ) |
| Filing 22 Plaintiff Did Not Receive Defendants First Set of Interrogatories, Certificate of Service - by Noe Raquinio. (emt, ) |
| Filing 21 CERTIFICATE OF SERVICE by Kohanaiki Community Association [Defendant Kohanaiki Community Association's Responses and Objections to Plaintiff's First Interrogatories, Dated June 7, 2021] (Brown, Robert) |
| Filing 20 EO: On 7/7/2021, Plaintiff filed a Notice and Correction of Change of Name as is "Koanaiki Resort" to "Kohanaiki Resort." See ECF No. #18 . However, as previously noted by the Court, Defendant has appeared in this action as "Kohanaiki Community Association, erroneously sued as Kohanaiki Resort." See ECF No. #13 . Accordingly, pursuant to Federal Rule of Civil Procedure 17(a), the Court DIRECTS the Clerk's Office to reflect on the docket that Defendant in this action is Kohanaiki Community Association, erroneously sued as Kohanaiki Resort. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE of Service - Noe Raquinio has been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 19 Plaintiff Unrequested RESPONSE in Opposition re #13 Defendant's Second MOTION to Dismiss, Certificate of Service - filed by Noe Raquinio. (emt, ) |
| Filing 18 Plaintiff Notice and Correction of Change of Name as is "Koanaiki Resort" to "Kohanaiki Resport", Certificate of Service re #1 - by Plaintiff Noe Raquinio. (emt, ) |
| Filing 17 REPLY MEMORANDUM in Support of #13 Defendant's MOTION to Dismiss Complaint Filed June 1, 2021 filed by Koanaiki Resort. (Brown, Robert) Modified on 7/7/2021 (emt, ). |
| Filing 16 EO: COURT ORDER CONSTRUING PLAINTIFF'S FILINGS AS A MEMORANDUM IN OPPOSITION AND SETTING REPLY DEADLINE re #14 , #15 On June 24, 2021, Defendant Kohanaiki Community Association, erroneously sued as Koanaiki Resort ("Defendant"), filed its Motion to Dismiss Complaint Filed June 1, 2021 ("Motion"). [Dkt. no. #13 .] On June 25, 2021, pro se Plaintiff Noe Raquinio ("Plaintiff") filed his "Affidavit Opposition Defendants Motion to Dismiss," and on June 26, 2021, he filed his "Motion to Strike Defendants Motion to Dismiss." [Dkt. nos. #14 , #15 .] The Court construes Plaintiff's filings collectively as Plaintiff's memorandum in opposition to the Motion and Plaintiff's supporting affidavit. If Defendant chooses to file one, the optional reply is due by July 15, 2021, at which point the matter will be taken under advisement and decided without a hearing, pursuant to Local Rule 7.1(c). (JUDGE LESLIE E. KOBAYASHI) (afe)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) Modified on 7/1/2021 to add linkage to related filings (emt, ). |
| Filing 15 Plaintiffs MOTION to Strike MEMORANDUM IN OPPOSITION TO #13 Defendant's MOTION to Dismiss, Memorandum of Law, Certificate of Service - by Plaintiff Noe Raquinio. (emt, )TEXT Modified on 6/29/2021 (afe). |
| Filing 14 Plaintiff AFFIDAVIT Opposition re #13 Defendant's MOTION to Dismiss, Certificate of Service - by Noe Raquinio. (emt, ) |
| Filing 13 Defendant's MOTION to Dismiss Complaint Filed June 1, 2021 Robert J. Brown appearing for Defendant Koanaiki Resort (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert J. Brown, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Certificate of Service)(Brown, Robert) Modified on 6/25/2021 (emt, ). |
| ADVISORY ENTRY. Personal Identifiers - Please be advised that exhibits submitted as part of Document #12 Plaintiff's Offer of Exhibits filed by Noe Raquinio, contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary. (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of Advisory Entry-Personal Identifiers, has been served by First Class Mail to Noe Raquinio at the address of record on June 23, 2021. (emt, ) |
| Filing 12 Plaintiffs Offer Exhibits B-E3 - filed by Noe Raquinio. (Attachments: #1 Exhibit B - Location of Injury, #2 Exhibit B1 - Map Overview, #3 Exhibit C - Plaintiff Witness Testimony, #4 Exhibit D - Hospital ER Report (RESTRICTED) , #5 Exhibit D1 - Dr. Reddy Minutes (RESTRICTED) , #6 Exhibit D2 - Dr. Reddy Surgery, #7 Exhibit D3 - Surgical Estimate (RESTRICTED) , #8 Exhibit D4 - Mana Physical Therapy, #9 Certificate of Service)(emt, ) Modified on 6/23/2021 (emt, ). |
| Filing 11 County of Hawaii Planning Zoning Department/Plaintiff Exhibit A Determing [sic] Liability in Opposition to Defendants Motion to Dismiss, Cerctificate [sic] of Servic [sic] - filed by Noe Raquinio. (emt, ) |
| Filing 10 MEMORANDUM of Law "Premises Liability"; Certificate of Service - filed by Noe Raquinio. (emt, ) |
| Filing 9 Plaintiff DISCLOSURE STATEMENT; Certificate of Service - by Noe Raquinio. (emt, ) |
| Filing 8 SUMMONS Returned Executed by Noe Raquinio. Koanaiki Resort served on 6/3/2021. (emt, ) |
| Filing 6 Summons Issued as to Koanaiki Resort. (emt, ) |
| Filing 7 PROOF OF SERVICE (Koanaiki Resort/Andrew Lautenbach, Esq. served by USPS certified registered mail on 6/2/2021) - by Noe Raquinio. (emt, ) |
| Filing 5 Filing fee: $ 402, receipt number/Pay.gov Tracking ID: 26SAFAM3 re #1 Complaint. (emt, ) |
Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 8/2/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/1/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Noe Raquinio served.
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/1/2021. (emt, )COURT'S CERTIFICATE of Service - Noe Raquinio served.
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| Filing 2 CIVIL Cover Sheet - by Noe Raquinio. (emt, ) |
| Filing 1 COMPLAINT "Premise Liability" [Resort Security] Negligence 42 USC 1983 Civil Rights Action for Deprivation of Rights, Demand for Jury Trial, Certificate of Service against Koanaiki Resort - filed by Noe Raquinio. (Filing fee: $ 402, receipt number/Pay.gov Tracking ID: 26SAFAM3) (emt, ) Modified on 6/3/2021 (emt, ). |
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