Peter et al v. Wojcicki et al
| Maria Peter, Michael Peter, Julika Berger and Jarolin Berger |
| Susan Diane Wojcicki, William Henry Cates, Stephane Bancel and Albert Bourla |
| 1:2021cv00449 |
| November 8, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2021. A more recent docket listing may be available from PACER.
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Filing 13
CLERK'S JUDGMENT entered on 12/27/2021 re #12 ORDER DISMISSING AMENDED COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS. (cib)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)
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Filing 12
ORDER DISMISSING AMENDED COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS re #9 , #11 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/27/2021. Plaintiffs' Amended Complaint is dismissed, and the Amended IFP Application is denied as moot. When this court dismissed Plaintiffs' original Complaint, this court granted Plaintiffs leave to file an Amended Complaint. The court provided Plaintiffs with guidance as to what amendments would be necessary to proceed in this court. Plaintiffs have nevertheless filed nearly identical allegations in their Amended Complaint--allegations already asserted in multiple jurisdictions. The Amended Complaint therefore has the same deficiencies as the original Complaint. Given Plaintiffs' failure to attempt to cure the identified deficiencies, this court rules that granting Plaintiffs further leave to amend their pleading would be futile. See Lopez v. Smith, 203 F.3d 1122,1130 (9 Cir. 2000) (en banc). Accordingly, the court dismisses the entire action and directs the Clerk of Court to enter judgment in favor of Defendants and to close this case.(cib)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)
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COURT'S CERTIFICATE of Service - a copy of #12 , #13 has been served by First Class Mail to the addresses of record on Jarolin Berger, Julika Berger, Maria Peter, Michael Peter. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 11
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs (Short Form) - filed by Plaintiff Maria Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)
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Filing 10
CIVIL Cover Sheet - by Jarolin Berger, Julika Berger, Maria Peter, Michael Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)
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Filing 9
(AMENDED) COMPLAINT FOR A CIVIL CASE ALLEGING NEGLIGENCE against All Defendants - filed by Maria Peter, Jarolin Berger, Julika Berger, Michael Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) Modified to add amended on 12/27/2021 (cib).
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Filing 8
ORDER DISMISSING COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED INFORMA PAUPERIS re #1 , #5 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/7/2021.Plaintiffs' Complaint is dismissed, and the IFP Application is denied as moot. The court grants Plaintiffs leave to file an Amended Complaint that states a viable claim no later than January 7, 2022. Plaintiffs may submit another IFP Application at that time. Failure to file an Amended Complaint by January 7, 2022, as well as to pay the applicable filing fee or submit a new IFP Application, will result in the automatic dismissal of this action.The court provides some guidance to Plaintiffs should they decide to file an Amended Complaint. First, Plaintiffs should state in simple language what each Defendant allegedly did and what statute, law, or duty was supposedly breached by the particular Defendant. In other words, Plaintiffs should allege facts with respect to what each Defendant allegedly did and what each Defendant should be held liable for. If Plaintiffs use a court form, they may, of course, attach additional pages to provide greater detail. Second, Plaintiffs should consider whether they are suing the proper Defendants. In their Complaint, they name the heads of various companies. Plaintiffs should consider whether the individuals are the proper Defendants. Third, Plaintiffs should consider whether this court has personal jurisdiction with respect to each Defendant and whether this court is the proper venue for their claims. Finally, if any Defendant is a minor, Plaintiffs should consider whether the minor may proceed pro se or whether he/she must be represented by counsel.(cib)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)
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Filing 7
SUPPLEMENT - Page 4 to ECF No. #1 - filed by Jarolin Berger, Julika Berger, Maria Peter, Michael Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)
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Filing 6
CIVIL Cover Sheet - filed by Jarolin Berger, Julika Berger, Maria Peter, Michael Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)
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Filing 5
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs (Short Form) - filed by Plaintiff Maria Peter (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)
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COURT'S CERTIFICATE OF SERVICE - copies of ECF Nos. #1 , #2 , and #3 , along with a blank IFP Application have been served by email to Plaintiffs at their email addresses provided in the Complaint. (jo)
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/8/2021. (jo)
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Filing 2
Order Setting Rule 16 Scheduling Conference for 09:30 AM on 1/10/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/8/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)
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Filing 1
COMPLAINT FOR A CIVIL CASE ALLEGING NEGLIGENCE against All Defendants - filed by Maria Peter, Jarolin Berger, Julika Berger, Michael Peter (jo)
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