Shimizu v. Ochiai
Plaintiff: Rika Shimizu
Defendant: Dean E. Ochiai
Case Number: 1:2021cv00370
Filed: August 30, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: HELEN GILLMOR
Referring Judge: KENNETH J MANSFIELD
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2021 Opinion or Order Filing 10 EO: On August 30, 2021, Plaintiff Rika Shimizu, proceeding pro se, filed a COMPLAINT. (ECF No. #1 ).On September 24, 2021, Magistrate Judge Kenneth J. Mansfield issued:FINDINGS AND RECOMMENDATION TO: (1) DISMISS COMPLAINT; AND (2) DENY PLAINTIFFS APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. (ECF NO. #7 ). Pursuant to Local Rule 74.1, Plaintiff Shimizu's objections, if any, to the Findings and Recommendation were due on Friday, October 8, 2021. On October 6, 2021, Plaintiff filed:PLAINTIFF'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT, DEAN E. OCHIAI (ECF NO. #8 ).As an initial matter, the title is not appropriate as the case is at the screening stage and Defendant has not been served. Plaintiffs authorization to seek answers to interrogatories is DENIED.In Plaintiff's filing, however, she asks for an extension of until Monday, November 8, 2021 to object to Judge Mansfields Findings and Recommendation "due to the complexity of the record of the case and the issues that need to be briefed." (Id. at p. 2). The Court GRANTS Plaintiff's request for an extension for time. (ECF No. #8 ). Plaintiff shall file her objections to Judge Mansfield's Findings and Recommendation (ECF No. #7 ) on or before Monday, November 8, 2021. (SENIOR JUDGE HELEN GILLMOR)(rls)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)
October 19, 2021 Opinion or Order Filing 9 EO: In light of the #7 Findings and Recommendation to: (1) Dismiss Complaint; and (2) Deny Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, the Court CONTINUES the Rule 16 Scheduling Conference previously set for 10/25/2021 to 01/04/2022, at 9:30 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 12/28/2021.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through the courts AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)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)
October 6, 2021 Opinion or Order Filing 8 Plaintiff's MOTION for Extension in Time to File Objections to Findings and Recommendation of Magistrate Judge re: #7 - filed by Plaintiff Rika Shimizu (jo)
September 24, 2021 Opinion or Order Filing 7 FINDINGS AND RECOMMENDATION TO: (1) DISMISS COMPLAINT; AND (2) DENY PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS re: #1 , #2 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/24/2021. Based upon the foregoing, the Court FINDS AND RECOMMENDS that the district court DISMISS Plaintiff's Complaint. The Court RECOMMENDS that the district court: (1) DISMISS WITH PREJUDICE Plaintiff's 1983 claims; and (2) DISMISS WITHOUT PREJUDICE Plaintiff's "state law tort" claim. The Court also RECOMMENDS that the district court DENY Plaintiff's Application to Proceed in District Court Without Prepayment of Fees or Costs. (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 (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).
September 2, 2021 Opinion or Order Filing 6 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email - by Rika Shimizu (Attachments: #1 Technical Guide for Using NEFs) (jo) Modified on 9/21/2021 (jo)
August 31, 2021 Opinion or Order Filing 5 ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE ROM TRADER on 8/31/2021. MAGISTRATE JUDGE ROM TRADER recused. Case reassigned to MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further proceedings. Please reflect Civil case number CV 21-00370 HG-KJM on all further filings. (jni)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)
August 30, 2021 Opinion or Order Filing 4 Submission of Proposed Summons - filed by Rika Shimizu. (jni)
August 30, 2021 Opinion or Order 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 Re: Corporate Disclosures) (jni)COURT'S CERTIFICATE of Service - Plaintiff Rika Shimizu served.
August 30, 2021 Opinion or Order Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs (Short Form) - by Plaintiff Rika Shimizu. (jni)
August 30, 2021 Opinion or Order Filing 1 COMPLAINT for a Civil Case; Demand for Jury Trial against Dean E. Ochiai, filed by Plaintiff Rika Shimizu. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Civil Cover Sheet)(jni)

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Plaintiff: Rika Shimizu
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