Moises v. Par Pacific Holdings, Inc. et al
| Aaron Moises |
| Par Pacific Holdings, Inc., Careonsite, Inc. and Patrick Lam |
| 1:2021cv00321 |
| July 26, 2021 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| WES REBER PORTER |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 67
STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND PARTIES; AND ORDER by Careonsite, Inc. - Signed by JUDGE HELEN GILLMOR on 4/26/2023. (jni)
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Filing 66
EO: The Court GRANTS Defendant Careonsite, Inc.'s request to extend the dismissal document due date for three weeks. The appropriate dismissal documents shall be submitted to gillmor_orders@hid.uscourts.gov and copied to porter_orders@hid.uscourts.gov no later than May 1, 2023. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 64
EP: SETTLEMENT CONFERENCE; SETTLEMENT ON THE RECORD The Court held a Settlement Conference by video teleconference. (No Record: 1:00 pm - 2:45 pm) Plaintiff Aaron Moises appeared and was represented by Mr. Roman Amaguin. Laura Iae-Vehic, represented by Mr. John Mackey, appeared for Defendant Par Pacific Holdings, Inc. Dr. Helen Tang, Bill Legotte, and Lysle Buchbinder, represented by Malia Schreck, appeared for Defendant Careonsite, Inc. Discussions held. Settlement reached. The Court held a Settlement on the Record by video teleconference. (Recorded: 2:50 pm - 2:55 pm) Counsel stated the key terms on the record. The Court found that the parties have entered into a valid and enforceable settlement. Stipulation for Dismissal shall be submitted to gillmor_orders@hid.uscourts.gov no later than April 10, 2023. All dates and deadlines, including trial, are VACATED. (ZOOM / 2:50 pm - 2:55 pm) (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 63
On February 17, 2023, Defendant Careonsite, Inc. filed:DEFENDANT CAREONSITE, INC.'S MOTION FOR SUMMARY JUDGMENT (ECF No. 60)and CONCISE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT CAREONSITE, INC.'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 61). Plaintiff Aaron Moises shall file his Opposition on or before Tuesday, March 7, 2023.Defendant Careonsite, Inc. shall file its Reply on or before Tuesday, March 14, 2023.A hearing on Defendant Careonsite, Inc.'s Motion for Summary Judgment (ECF No. 60) shall be held on Tuesday, April 4, 2023, at 10:30 a.m, in person, before the Honorable Helen Gillmor.(tl)
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Filing 62
SEALED EXHIBITS:EXHIBITS B, D, and E to #61 Concise Statement of Facts in Support of Defendant Careonsite, Inc.'s Motion for Summary Judgment - filed by Careonsite, Inc.Sealed pursuant to Court Order, ECF #59 .(Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E)(jni)
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Filing 61
CONCISE STATEMENT of Facts re #60 MOTION for Summary Judgment filed by Careonsite, Inc.. (Attachments: #1 Declaration of Malia E. Schreck, #2 Declaration of Helen H.R. Tang, MD, #3 Exhibit A (First Amended Complaint), #4 Exhibit B (under seal), #5 Exhibit C (certificates), #6 Exhibit D (under seal), #7 Exhibit E (under seal), #8 Exhibit F (Moises discovery response), #9 Exhibit G (Moises depo excerpts), #10 Exhibit H (Burkowski HI PA Lic), #11 Exhibit I (49 CFR 40.33), #12 Certificate of Compliance, #13 Certificate of Service)(Schreck, Malia)
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Filing 60
MOTION for Summary Judgment Malia E. Schreck appearing for Defendant Careonsite, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Schreck, Malia)
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Filing 59
ORDER GRANTING DEFENDANT CAREONSITE, INC.'S MOTION TO SUBMIT EXHIBITS B, D, AND E TO ITS CONCISE STATEMENT OF FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT UNDER SEAL re #58 - Signed by SENIOR JUDGE HELEN GILLMOR on 2/16/2023. (jni)
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Filing 58
MOTION to Seal Document [DEFENDANT CAREONSITE, INC.'S MOTION TO SUBMIT EXHIBITS B, D, AND E TO ITS CONCISE STATEMENT OF FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT UNDER SEAL] Malia E. Schreck appearing for Defendant Careonsite, Inc. (Attachments: #1 Declaration of Malia E. Schreck, #2 Exhibit B (Lam recs depo excerpts redacted), #3 Exhibit D (Chain of Custody redacted), #4 Exhibit E (Email Chain redacted), #5 (Proposed) Order, #6 Certificate of Service)(Schreck, Malia)
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Filing 57
EO: Due to a conflict in the Court's calendar and with the agreement of the parties, the Early Settlement Conference set for 2/16/2023 is CONTINUED to 2/22/2023 at 1:00 PM via Video Teleconference (VTC). The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by 2/15/2023. The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 56
CERTIFICATE OF SERVICE by Aaron Moises Response to Request for Production of Documents (Amaguin, Roman)
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Filing 55
CERTIFICATE OF SERVICE by Aaron Moises Response to Request for Answers to Interrogatories (Amaguin, Roman)
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Filing 54
CERTIFICATE OF SERVICE by Careonsite, Inc. [DEFENDANT CAREONSITE, INC.'S FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (AARON MOISES)] (Schreck, Malia)
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Filing 53
EO: To allow the parties additional time to complete discovery necessary to evaluate the claims in this action, the Court GRANTS Defendants' request to continue the Early Settlement Conference from 11/28/2022 to 2/16/2023 at 10:00 a.m. The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by 2/9/2023. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 52
CERTIFICATE OF SERVICE by Careonsite, Inc. [Defendant CareOnSite, Inc.'s Joinder in Defendant Par Pacific Holding, Inc.'s Discovery Requests to Plaintiff dated 9/26/2022] (Schreck, Malia)
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Filing 51
CERTIFICATE OF SERVICE by Par Pacific Holdings, Inc. Re: Defendant Par Pacific Holdings, Inc.'s First Request for Answers to Interrogatories to Plaintiff (Mackey, John)
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Filing 50
CERTIFICATE OF SERVICE by Par Pacific Holdings, Inc. Re: Defendant Par Pacific Holdings, Inc.'s First Request for Production of Documents to Plaintiff (Mackey, John)
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Filing 49
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/8/2022. (adi)
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Filing 48
EO: Pursuant to ECF 46, Court to issue Amended Scheduling Order.Jury Selection/Trial is set for 11/28/2023 at 9:00 AM in Aha Kupono before DISTRICT JUDGE HELEN GILLMOR. Final Pretrial Conference is set for 11/16/2023 at 10:30 AM in Aha Kupono before DISTRICT JUDGE HELEN GILLMOR. Telephonic Final Pretrial Conference is set for 10/17/2023 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 8/2/2023 at 1:00 PM by Video Conference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 5/1/2023. Discovery due by 7/31/2023.Other Matters: An Early Settlement Conference is set for November 28, 2022 at 10:00 AM by VTC before Magistrate Judge Wes Reber Porter. The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by November 21, 2022. The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. Telephonic hearings before Magistrate Judge Wes Reber Porter, will be held via Zoom Dial: 1-833-568-8864 / Meeting ID: 161 0084 2470. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.(adi)
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Filing 47
CERTIFICATE OF SERVICE by Par Pacific Holdings, Inc. Re: Notice of Withdrawal of Defendant Par Pacific Holdings, Inc.'s Notice of Taking Deposition Upon Oral Examination and Recorded by Videotape (Mackey, John)
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Filing 46
EO: For good cause shown, the Court GRANTS the parties' #45 Joint Motion to Continue Trial Date and Pretrial Deadlines. The Court will issue an Amended Rule 16 Scheduling Order continuing trial to approximately November 2023. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 45
Joint MOTION to Continue Trial Date and Pretrial Deadlines John S. Mackey appearing for Defendant Par Pacific Holdings, Inc. (Attachments: #1 Declaration of John S. Mackey, #2 Declaration of Roman Amaguin, #3 Declaration of Malia E. Schreck, #4 Certificate of Service)(Mackey, John)
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Filing 44
CERTIFICATE OF SERVICE by Careonsite, Inc. [NOTICE OF WITHDRAWAL OF DEFENDANT CAREONSITE, INC.'S NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (AARON MOISES)] (Schreck, Malia)
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Filing 43
CERTIFICATE OF SERVICE by Par Pacific Holdings, Inc. Re: Notice of Taking Deposition Upon Oral Examination and Recorded by Videotape (Aaron Moises) (Mackey, John)
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Filing 42
CERTIFICATE OF SERVICE by Careonsite, Inc. [DEFENDANT CAREONSITE, INC.'S NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (AARON MOISES)] (Schreck, Malia)
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Filing 41
INITIAL DISCLOSURE by Aaron Moises. (Amaguin, Roman)
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Filing 40
NOTICE by Par Pacific Holdings, Inc. Notice of Withdrawal of Ashley C. Chinen as Counsel for Defendant Par Pacific Holdings, Inc. Par Pacific Holdings, Inc.. (Mackey, John)
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Filing 39
CERTIFICATE OF SERVICE by Par Pacific Holdings, Inc. Re Defendant Par Pacific Holdings, Inc.'s Initial Disclosures (Mackey, John)
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Filing 38
STIPULATED QUALIFIED PROTECTIVE ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/15/2022. (jo)
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Filing 37
CERTIFICATE OF SERVICE by Careonsite, Inc. Notice of Taking Deposition Upon Written Interrogatories (COR, Patrick Lam, M.D.) (Schreck, Malia)
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Filing 36
ANSWER to Complaint #27 First Amended Complaint by Careonsite, Inc.. (Attachments: #1 Certificate of Service)(Schreck, Malia)
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Filing 35
ANSWER to #27 Amended Complaint by Par Pacific Holdings, Inc..(Mackey, John)
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Filing 34
ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/7/2022. Pursuant to LR 16.5(b), all parties to this matter are ORDERED TO APPEAR for a confidential settlement conference, on December 8, 2022 at 10:00 a.m. (jo)
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Filing 33
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/7/2022. (jo)
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Filing 32
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCEMr. Roman Amaguin appeared for plaintiff.Ms. Ashley Chinen appeared for defendant Par Pacific Holdings, Inc. Ms. Malia Schreck appeared for defendant Careonsite, Inc. The Court held a Telephonic Rule 16 Scheduling Conference. A Rule 16 Scheduling Order to be issued.Discussion held regarding consent to proceed before a Magistrate Judge. Jury Selection/Trial is set for 08:30 AM on 3/7/2023 before SENIOR JUDGE HELEN GILLMOR. Final Pretrial Conference is set for 2/23/2023 at 10:30 AM before SENIOR JUDGE HELEN GILLMOR. Final Pretrial Conference is set for 1/24/2023 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 12/8/2022 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 10/5/2022. Discovery due by 1/6/2023. (ATT / 8:45 - 8:55 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 31
Plaintiff's Scheduling Conference Statement and Certificate of Service. (Amaguin, Roman) Modified on 3/1/2022 (jo)
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Filing 30
Scheduling Conference Statement Defendant Par Pacific Holdings, Inc.'s Rule 16 Scheduling Conference Statement. (Mackey, John)
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Filing 29
INITIAL DISCLOSURE by Careonsite, Inc.. (Attachments: #1 Certificate of Service)(Schreck, Malia)
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Filing 28
Defendant Careonsite, Inc.'s Scheduling Conference Statement . (Attachments: #1 Certificate of Service Certificate of Service)(Schreck, Malia) Modified on 2/28/2022 (jo)
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Filing 27
First AMENDED COMPLAINT, Jury Demand, and Certificate of Service against Par Pacific Holdings, Inc., filed by Aaron Moises.(Amaguin, Roman) Modified on 2/28/2022 (jo)
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Filing 26
ORDER DENYING DEFENDANT PAR PACIFIC HOLDINGS, INC.'S MOTION TO FOR JUDGMENT ON THE PLEADINGS (ECF No. #17 ) and GRANTING PLAINTIFF LEAVE TO AMEND THE COMPLAINT - Signed by SENIOR JUDGE HELEN GILLMOR on 1/28/2022. Defendant Par Pacific Holdings, Inc.'s Motion for Judgment on the Pleadings (ECF No. #17 ) is DENIED. Plaintiff is GRANTED LEAVE TO AMEND the Complaint. Plaintiff shall have until Tuesday, March 1, 2022, to file the First Amended Complaint in conformity with the rulings in this Order. (jo)
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Filing 25
REPORT of Planning Meeting Joint Report of Rule 26(F) Meeting of the Parties. (Mackey, John)
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Filing 24
EO: On October 27, 2021, Defendant Par Pacific Holdings, Inc. filed:DEFENDANT PAR PACIFIC HOLDINGS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. 17). On October 29, 2021, the Court issued a briefing schedule and set a hearing for the Motion for January 10, 2022 at 10:30 a.m. (ECF No. 18).The hearing set for January 10, 2022 is VACATED.The Court elects to decide Defendant Par Pacific Holdings, Inc.'s Motion for Judgment on the Pleadings (ECF No. 17) without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(tyk)
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Filing 23
EO: In light of the pending #17 Motion for Judgment on the Pleadings, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 1/18/2022 to 3/7/2022 at 08:45AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 22
REPLY re #17 MOTION for Judgment on the Pleadings filed by Par Pacific Holdings, Inc.. (Attachments: #1 Declaration of Laura Iaea-Behic, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Mackey, John)
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Filing 21
ORDER DENYING DEFENDANT CAREONSITE, INC.'S MOTION TO DISMISS COMPLAINT (ECF NO. #9 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 12/13/2021. (eta)
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Filing 20
STATEMENT of No Position re #17 MOTION for Judgment on the Pleadings filed by Careonsite, Inc.. (Attachments: #1 Certificate of Service)(Schreck, Malia)
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Filing 19
MEMORANDUM in Opposition re #17 MOTION for Judgment on the Pleadings and Certificate of Service filed by Aaron Moises. (Attachments: #1 Declaration of Plaintiff, #2 Exhibit 1)(Amaguin, Roman)
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Filing 18
NOTICE of Hearing on Motion:On October 27, 2021, Defendant Par Pacific Holdings, Inc. filed:DEFENDANT PAR PACIFIC HOLDINGS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. #17 ). Plaintiff shall file his Opposition on or before Wednesday, November 24, 2021.Defendant shall file its Reply on or before Tuesday, December 14, 2021.A hearing on Defendant Par Pacific Holdings, Inc.'s Motion for Judgment on the Pleadings (ECF No. #17 ) shall be held on Monday, January 10, 2022, at 10:30 a.m, before the Honorable Helen Gillmor, via video-teleconferencing. VTC instructions will be provided to counsel closer in time to the hearing. (rls)
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Filing 17
MOTION for Judgment on the Pleadings John S. Mackey appearing for Defendant Par Pacific Holdings, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Laura Iaea-Behic, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service)(Mackey, John)
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Filing 16
EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/15/2021 to 1/18/2022 at 8:30 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)
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Filing 15
EO: On August 2, 2021, Defendant Careonsite, Inc. filed:DEFENDANT CAREONSITE, INC.'S MOTION TO DISMISS COMPLAINT (ECF No. #9 ). On August 4, 2021, the Court issued a briefing schedule and set a hearing for the Motion for October 12, 2021 at 10:30 a.m. (ECF No. #11 ).The hearing set for October 12, 2021 is VACATED.The Court elects to decide Defendant Careonsite, Inc.'s Motion to Dismiss (ECF No. #9 ) without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rls, )
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Filing 14
REPLY re #9 MOTION to Dismiss for failure to State a Claim filed by Careonsite, Inc.. (Attachments: #1 Appendix, #2 Certificate of Service)(Schreck, Malia)
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Filing 13
STATEMENT of No Opposition re #9 MOTION to Dismiss for failure to State a Claim filed by Par Pacific Holdings, Inc.. (Mackey, John)
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Filing 12
Plaintiff's MEMORANDUM in Opposition re #9 MOTION to Dismiss for failure to State a Claim and Certificate of Service filed by Aaron Moises. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1)(Amaguin, Roman) Docket Text Modified on 8/24/2021 (jni)
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Filing 11
On August 2, 2021, Defendant Careonsite, Inc. filed:DEFENDANT CAREONSITE, INC.'S MOTION TO DISMISS COMPLAINT (ECF No. 9). Plaintiff shall file his Opposition on or before Tuesday, August 24, 2021.Defendant shall file its Reply on or before Tuesday, September 14, 2021.A hearing on Defendant Careonsite, Inc.'s Motion to Dismiss (ECF No. 9) shall be held on Tuesday, October 12, 2021, at 10:30 a.m, before the Honorable Helen Gillmor, via video-teleconferencing. VTC instructions will be provided to counsel closer in time to the hearing.(tl)
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Filing 10
EO: The Telephonic Rule 16 Scheduling Conference is CONTINUED from 8/30/2021 to 11/15/2021 at 9:30 a.m. before Magistrate Judge Porter via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 9
MOTION to Dismiss for failure to State a Claim Malia E. Schreck appearing for Defendant Careonsite, Inc. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A (state court complaint), #4 Exhibit B (stipulation to dismiss), #5 Exhibit C (7-22-21 email), #6 Certificate of Service)(Schreck, Malia)
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Filing 8
Corporate Disclosure Statement by Par Pacific Holdings, Inc.. (Mackey, John)
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Filing 6
NOTICE by Par Pacific Holdings, Inc. re #1 Notice of Removal, Defendant Par Pacific Holdings, Inc.'s Consent to Defendant Careonsite, Inc.'s Notice of Removal Filed July 26, 2021 #1 Par Pacific Holdings, Inc.. (Mackey, John)
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Filing 7
TRANSMITTAL of DOCUMENTS from the First Circuit Court, State of Hawaii; 1CCV-20-0001603 (Attachments: #1 JIMS Docket Sheet (Only Page 17 was received), #2 Circuit Court Clerk's Certificate Regarding Judiciary Information Management System (JIMS)) (jo)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 8/30/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/26/2021. (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, )
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Filing 4
NOTICE of Case Assignment: Please reflect Civil case number CV 21-00321 HG-WRP on all further pleadings. (emt, )
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Filing 3
STATEMENT [DEFENDANT CAREONSITE, INC.'S STATEMENT OF RELATED CASES] filed by Careonsite, Inc.. (Attachments: #1 Certificate of Service)(Schreck, Malia)
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Filing 2
Corporate Disclosure Statement by Careonsite, Inc.. (Attachments: #1 Certificate of Service)(Schreck, Malia)
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Filing 1
NOTICE OF REMOVAL by Careonsite, Inc. from First Circuit Court, case number 1CCV-20-0001603. ( Filing fee $ 402 receipt number 0975-2557311), filed by Careonsite, Inc.. (Attachments: #1 Exhibit A_Complaint; Demand (F-12-02-20), #2 Exhibit B_Stipulation to Dismiss DrLam (F-07-15-21), #3 Certificate of Service, #4 Civil Cover Sheet)(Schreck, Malia)
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