Department of Human Services v. Sarcedo
| Department of Human Services |
| Waila Sarcedo |
| In The Matter Of: |
| Cathy Betts, Tonia Mahi, Elladine Olevao, Nicole Cummings, Eric Alabanza, Erin Asato, Raquel Taguchi, Raymond Nishimiya, Regina Mormad, Kaupena Soon, Wilfred Tangonan, Cassandra Kamealoha, Kevin Adaniya, Thomas Haia, All Principals and/or Agents of CPS, All Principals and/or Agents of DAGS and Unnamed Defendants |
| 1:2021cv00369 |
| August 30, 2021 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 13 RESPONSE to Denial of Refund Dated 9/30/21 re 12 - filed by Waila Sarcedo. (eta) |
| Filing 12 EO: On 9/20/21, Waila Sarcedo filed a #11 request to refund the filing fees due to an inability to successfully submit and serve documents. Because the Court remanded the case for lack of subject matter jurisdiction, it is without jurisdiction to award the requested relief. Even if it the Court had the ability to accord relief, the request would be denied. Filing fees cover the costs of commencing a civil action. See Green v. Bank of Am., No. 2:12-CV-02093-GEB, 2012 WL 5032414, at *1 (E.D. Cal. Oct. 17, 2012) (citations omitted). Anything that subsequently occurred has no bearing on filing suit in the first instance. See id. An unsuccessful effort to serve is not a basis to recoup filing fees. Nor is the fact that the case was sua sponte remanded. Cf. id. (collecting cases denying refunds of filing fees). Accordingly, the request is DENIED. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 11 MOTION for Refund - by Defendant Waila Sarcedo (Attachments: #1 Mailing Documentation)(emt, ) |
| Filing 10 ACKNOWLEDGEMENT OF RECEIPT by Intermediate Court of Appeals re #6 ORDER REMANDING CASE (reflects electronic file stamp by the Intermediate Court of Appeals in CAAP-21-0000196, Dkt. 236). (Attachments: #1 Mailing Documentation)(emt, ) |
| Filing 9 ACKNOWLEDGEMENT OF RECEIPT by the Intermediate Court of Appeals for the State of Hawaii re #6 ORDER REMANDING CASE. (emt, ) |
| Filing 8 Pay.gov Form re HID Online Payment of Filing fee: $ 450, receipt number 26T7EPTM re #1 Notice of Removal by Waila Sarcedo. Note: The civil filing fee is $402. (emt, ) |
| Filing 7 Transmittal Letter to the Intermediate Court of Appeals re ECF No. #6 ORDER REMANDING CASE, dated September 1, 2021. (emt, ) |
Filing 6
ORDER REMANDING CASE - Signed by JUDGE JILL A. OTAKE on 9/1/2021. (emt, )COURT'S CERTIFICATE of Service - Waila Sarcedo shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 2, 2021.
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| Filing 5 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm)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) |
| COURT'S CERTIFICATE of Service - certified copies of #6 ORDER REMANDING CASE, Notice of Removal and Docket Sheet shall be served by First Class Mail to the Intermediate Court of Appeals for the State of Hawaii on September 2, 2021. A copy of the #6 ORDER REMANDING CASE shall be served by First Class Mail to Waila Sarcedo at the address of record on September 2, 2021. (emt, ) |
| Filing 4 COUNTERCLAIM against Cathy Betts, Tonia Mahi, Elladine Olevao, Nicole Cummings, Eric Alabanza, Erin Asato, Raquel Taguchi, Raymond Nishimiya, Regina Mormad, Kaupena Soon, Wilfred Tangonan, Cassandra Kamealoha, Kevin Adaniya, Thomas Haia, All Principals and/or Agents of CPS, All Principals and/or Agents of DAGS, Unnamed Defendants - filed by Waila Sarcedo.(emt, ) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/25/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/30/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Waila Sarcedo served on August 30, 2021.
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Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/30/2021. (emt, )COURT'S CERTIFICATE of Service - Waila Sarcedo served on August 30, 2021. A blank IFP Application was provided to the filing party.
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| Filing 1 NOTICE OF REMOVAL [re Default Judgment; Termination of Parental Rights]; Jury Trial Demand by Waila Sarcedo from Family Court of the First Circuit, case number FCS 18-00077, Intermediate Court of Appeals, case number CAAP 21-0000196 - filed by Waila Sarcedo.(emt, ) |
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