Hilo Products, Incorporated v. Target Corporation
| Hilo Products, Incorporated |
| Target Corporation, John Does 1-20, Jane Does 1-20, Doe Partnerships 1-20, Doe Corporations 1-20, Doe Entities 1-20 and Doe Governmental Entities 1-20 |
| 1:2022cv00069 |
| February 22, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| WES REBER PORTER |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
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Filing 35
NOTICE by Target Corporation re #32 Supplement, Certificate of Compliance Target Corporation. (Fieman, Jason)
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Filing 34
STIPULATION FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT AND TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/22/2022. (jo)
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Filing 33
SUPPLEMENT re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Target Corporation by Hilo Products, Incorporated . (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Kimura, Jordon)
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Filing 32
SUPPLEMENT re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Target Corporation by Target Corporation Target Corporation's Supplemental Brief in Support of its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A). (Fieman, Jason)
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Filing 31
REPLY re #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause filed by Hilo Products, Incorporated. (Attachments: #1 Declaration of Mason M. Yamaki, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Yamaki, Mason)
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Filing 30
Corporate Disclosure Statement by Hilo Products, Incorporated. (Kimura, Jordon)
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Filing 29
STRICKEN - SEE ADVISORY ENTRY EO: The court has received the parties' proposals for deciding the pending motions. The parties' submissions indicate that the 2021 Assignment that was the subject of considerable discussion at the last hearing was actually created in March 2022. The court directs the parties to file supplemental submissions of no more than 1,000 words for each side addressing (1) whether the creation of the written assignment after the deadline for amending pleadings and in apparent response to Defendants' pending motions should affect the resolution of those motions; (2) whether DW is arguing that any assignment that was not memorialized in writing is enforceable by this court and, if so, under what law; and (3) how the statement in ECF No. 93 that "the Action always belonged to DW and would continue to be prosecuted by DW" can be reconciled with the Bankruptcy Court's order identifying this Action as retained by the debtor, which was not DW. The parties' submissions should be filed no later than noon on April 26, 2022. (JUDGE SUSAN OKI MOLLWAY)(cib) Modified on 4/19/2022 (cib).
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ADVISORY ENTRY-Wrong Case-Please be advised that Document 29 , was inadvertently entered in the instant case. The document will be stricken from the instant case. (cib)
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Filing 28
EP: Hearing re: #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6) held by Video Conference("VTC").Brandon Bartolome and Marlene Sanoria present by VTC.Discussion held.Supplemental submissions setting forth the position on the issue of resolving any potential evidentiary disputes are due from counsel by noon, on Friday, April 22, 2022. There is a maximum of 2500 words. #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6)-Further VTC hearing set for 5/10/2022 at 10 a.m. before the Honorable Susan Oki Mollway. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl)
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Filing 27
STATEMENT NOTICE OF SUPPLEMENTAL AUTHORITIES re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Re Notice of Supplemental Authorities filed by Hilo Products, Incorporated. (Kimura, Jordon) Modified on 4/15/2022 (jo)
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Filing 26
EO: The Court elects to decide Plaintiff's #25 Motion for Leave to File Second Amended Complaint without a hearing pursuant to Local Rule 7.1(c). Briefing shall be in accord with Local Rule 7.2. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 25
MOTION for Leave to File Second Amended Complaint Mason Masami Yamaki appearing for Plaintiff Hilo Products, Incorporated (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Mason M. Yamaki, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Certificate of Service)(Yamaki, Mason)
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Filing 24
RESPONSE in Opposition re #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause filed by Target Corporation. (Attachments: #1 Declaration of Mary Stanley, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Amanda M. Mills, #5 Exhibit A, #6 Certificate of Service)(Fieman, Jason)
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Filing 23
REPLY re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Target Corporation's Reply in Support of Its Motion to Transfer Venue, etc. filed by Target Corporation. (Fieman, Jason)
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Filing 22
FIRST STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY TWENTY-SEVEN DAYS AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/4/2022.Target Corporation answer due 5/2/2022 (jo)
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Filing 21
MEMORANDUM in Opposition re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Hilo Products, Incorporated. (Attachments: #1 Declaration of Mason M. Yamaki, #2 Declaration of Brandon Bartolome, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Certificate of Service)(Kimura, Jordon)
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Filing 20
EO: As to Plaintiff's #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause, the Court DIRECTS briefing as follows: any Opposition shall be filed by no later than April 6, 2022; any Reply shall be filed by no later than April 20, 2022. Thereafter the Court will determine whether to set a hearing or issue an appropriate decision. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 19
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LEAH C. JANUS re #17 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/23/2022. (eta)
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Filing 18
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO AMANDA M. MILLS re #16 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/23/2022. (eta)
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Filing 17
MOTION for Pro Hac Vice Leah C. Janus Filing fee $ 300, receipt number AHIDC-2657756.Donna A.O. Yoshimoto appearing for Defendant Target Corporation (Yoshimoto, Donna)
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Filing 16
MOTION for Pro Hac Vice Amanda M. Mills Filing fee $ 300, receipt number AHIDC-2657746.Donna A.O. Yoshimoto appearing for Defendant Target Corporation (Yoshimoto, Donna)
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Filing 15
First AMENDED COMPLAINT against Target Corporation, filed by Hilo Products, Incorporated. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Kimura, Jordon) Modified on 3/30/2022 (jo)
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Filing 14
NOTICE of Appearance by Victoria Mei-Ling Chang on behalf of Hilo Products, Incorporated on behalf of Hilo Products, Incorporated. (Chang, Victoria)
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Filing 13
EO: In light of Defendant Target Corporation's #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6), the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 3/28/2022 to 6/6/2022 at 8:30AM 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 12
MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause Mason Masami Yamaki appearing for Plaintiff Hilo Products, Incorporated (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Marlene Sanoria, #3 Declaration of Mason M. Yamaki, #4 Declaration of Brandon Bartolome, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Certificate of Service)(Yamaki, Mason)
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Filing 11
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/9/2022. MAGISTRATE JUDGE KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. Please reflect Civil Case Number CV 22-00069 SOM-WRP on all further pleadings. (jo)
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Filing 10
NOTICE of Appearance by Jordon Jun Kimura on behalf of Hilo Products, Incorporated on behalf of Hilo Products, Incorporated. (Kimura, Jordon)
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Filing 9
NOTICE of Hearing on Motion #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6). Motion Hearing date has been set for 4/18/2022 at 10:00 AM before JUDGE SUSAN OKI MOLLWAY. (tl)
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ADVISORY ENTRY-No Identification of Person Filing Document- Please be advised that Document #8 Additional Exhibits does not include information that identifies the filer. As a reminder, any submission of pleadings shall be submitted with an appropriate caption cover page that includes counsel identification, the case number and document caption. See L.R. 10.2 (b). No further action necessary. (jo)
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Filing 8
Additional Exhibits to #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Exhibits C, D and E filed by Target Corporation. (Attachments: #1 Exhibit D, #2 Exhibit E)(Fieman, Jason)
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Filing 7
MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Jason H. Fieman appearing for Defendant Target Corporation (Attachments: #1 Memorandum, #2 Declaration of Robin Perket, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Fieman, Jason)
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Filing 6
Corporate Disclosure Statement by Target Corporation. (Fieman, Jason)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/28/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/22/2022. (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. (eta)
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Filing 4
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00069 SOM-KJM on all further pleadings. (eta)
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Filing 3
CIVIL Cover Sheet by Target Corporation. (Fieman, Jason)
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Filing 2
Additional Exhibits to #1 Notice of Removal Exhibits "A" and "B" filed by Target Corporation. (Fieman, Jason)
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Filing 1
NOTICE OF REMOVAL by Target Corporation from Third Circuit Court State of Hawaii, case number 3CCV-21-0000379. ( Filing fee $ 402 receipt number AHIDC-2645944), filed by Target Corporation.(Fieman, Jason)
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