Lethgo v. CP IV Waterfront, LLC dba Kapilina Beach Homes et al
| Andra Lethgo |
| CP IV Waterfront, LLC doing business as Kapilina Beach Homes, Grep Southwest, LLC and Doe Defendants 1-10 |
| 1:2022cv00052 |
| February 2, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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Filing 18
Supplemental Corporate Disclosure Statement by CP IV Waterfront, LLC identifying Corporate Parent Greystar Management Services, L.P., Other Affiliate Kapilina Holdings LLC, Other Affiliate BREIT RE Parent LLC, Other Affiliate BREIT MF Holdings LLC, Other Affiliate BREIT Holdings LLC, Other Affiliate BREIT Holdings Parent LLC, Other Affiliate BREIT Operating Partnership L.P., Other Affiliate BREIT Operating Partnership L.P., Other Affiliate Kapilina Member LLC for CP IV Waterfront, LLC.. (Swartzfager, Lisa)
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Filing 17
EO: In light of Plaintiff's #16 Rule 7.8 Statement in Support of Motion for Remand, the Court SETS the hearing on Plaintiff's #12 Motion for Remand before JUDGE JILL A. OTAKE at 9:00 AM on 5/20/22. #6 Defendants CP IV Waterfront LLC d/b/a Kapilina Beach Homes and Grep Southwest, LLC's Motion to Dismiss First Amended Complaint, currently set for hearing at the same time, is terminated without prejudice to refiling if the case remains in federal court. Briefing for the Motion for Remand is as follows: opposition due by 4/8/22, reply due by 4/22/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (JUDGE JILL A. OTAKE)(shm)
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Filing 16
STATEMENT in Support re #12 MOTION to Remand , Certificate of Service Under Local Rule 7.8 filed by Andra Lethgo. (Smith, Patrick)
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Filing 15
NOTICE by Andra Lethgo NOTICE OF WITHDRAWAL OF JAMES W. ROONEY AS COUNSEL FOR PLAINTIFFS Andra Lethgo. (Attachments: #1 Certificate of Service)(Revere, Terrance)
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Filing 14
EO: Based on Defendants' pending #6 Motion to Dismiss and Plaintiff's pending #12 Motion to Remand, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 03/7/2022 to 6/14/2022 at 9:30 a.m. 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 13
EO: Plaintiff filed her #12 Motion to without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Although the Court would ordinarily strike or deny the Motion for failure to comply, it instead directs Plaintiff to conduct the mandated conference and file the requisite statement by 3/8/22. (JUDGE JILL A. OTAKE)(shm)
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Filing 12
MOTION to Remand ; Memorandum in Support; Certificate of Service Patrick Kyle Smith appearing for Plaintiff Andra Lethgo (Smith, Patrick) Modified on 3/4/2022 (eta).
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Filing 11
Plaintiff Andra Lethgo's Scheduling Conference Statement , Certificate of Service. (Smith, Patrick) Modified on 3/4/2022 (eta).
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Filing 10
Scheduling Conference Statement DEFENDANTS CP IV WATERFRONT, LLC D/B/A KAPILINA BEACH HOMES AND GREP SOUTHWEST, LLC'S SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE. (Attachments: #1 Certificate of Service)(Chipchase, Calvert)
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Filing 9
STATUS REPORT PLAINTIFF AND DEFENDANTS' JOINT REPORT AND DISCOVERY PLAN PURSUANT TO FED. R. CIV. P. 26(f); CERTIFICATE OF SERVICE by CP IV Waterfront, LLC, Grep Southwest, LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert)
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Filing 8
NOTICE OF HEARING MOTION: #6 Defendants CP IV Waterfront LLC d/b/a Kapilina Beach Homes and Grep Southwest, LLC's Motion to Dismiss First Amended Complaint is SET for hearing before JUDGE JILL A. OTAKE at 9:00 AM on 5/20/22. Briefing schedule is as follows: oppositions due by 4/8/22, replies due by 4/22/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm)
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Filing 7
Errata re #6 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT FILED ON FEBRUARY 9, 2022. (Attachments: #1 Motion to Dismiss Plaintiffs' First Amended Complaint, #2 Memorandum in Support of Motion, #3 Certificate of Service)(Chipchase, Calvert)
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Filing 6
MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT; Memorandum in Support; Declaration of Lisa K. Swartzfager; Certificate of Service Calvert G. Chipchase, IV appearing for Defendants Grep Southwest, LLC, CP IV Waterfront, LLC (Attachments: #1 Memorandum in Support of Motion, #2 CERTIFICATEDECLARATION OF LISA K SWARTZFAGER, #3 EXHIBIT 1, #4 EXHIBIT 2, #5 CERTIFICATE OF WORD COUNT, #6 CERTIFICATE OF SERVICE (a duplicate copy of the motion is included with the certificate of service)(Chipchase, Calvert) Modified on 2/10/2022 Note: The main document is comprised of the Motion, Memorandum in Support, Declaration of Lisa K. Swartzfager and Certificate of Service and combined as one pdf. The Memorandum, Declaration and Certificate of Service were also attached as separate attachments to the entry . Additionally, the motion is also combined together with the Certificate of Service (eta). Modified on 2/11/2022 (eta).
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Filing 5
Corporate Disclosure Statement by CP IV Waterfront, LLC, Grep Southwest, LLC identifying Corporate Parent Greystar Management Services, L.P. for Grep Southwest, LLC; Corporate Parent BREIT RE Parent LLC, Other Affiliate Kapilina Beach Homes, Other Affiliate Kapilina Holdings LLC, Other Affiliate BREIT MF Holdings LLC, Other Affiliate BREIT Holdings LLC, Other Affiliate BREIT Holdings Parent LLC, Other Affiliate BREIT Operating Partnership L.P., Other Affiliate Blackstone Real Estate Income Trust Inc., Other Affiliate CP IV Waterfront Holdings LLC for CP IV Waterfront, LLC.. (Attachments: #1 Certificate of Service)(Chipchase, Calvert)
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Filing 4
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm)
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/7/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/3/2022. (Attachments: #1 Memo 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.(jni)
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Filing 2
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00052 JAO-WRP on all further pleadings. (jni)
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Filing 1
NOTICE OF REMOVAL by Grep Southwest, LLC, CP IV Waterfront, LLC dba Kapilina Beach Homes from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-22-0000005. ( Filing fee $ 402 receipt number AHIDC-2638305), filed by Grep Southwest, LLC, CP IV Waterfront, LLC dba Kapilina Beach Homes. (Attachments: #1 Declaration of Kathy Mara, #2 Declaration of Lisa Swartzfager, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Civil Cover Sheet, #8 Certificate of Service)(Chipchase, Calvert)
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