Beverly Sullivan v. Aqua Aston Holdings, Inc et al
Plaintiff: Beverly Sullivan
Defendant: Aqua Aston Hospitality, LLC doing business as Kona by the Sea Hotel, Aqua Aston Holdings, Inc and DOES 1-25
Case Number: 1:2022cv00173
Filed: April 18, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: JILL A OTAKE
Referring Judge: ROM TRADER
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Opinion or Order Filing 32 ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 6/16/2022. Without an accurate affirmation of Defendants' citizenship(s), the Court is unable to ascertain whether diversity jurisdiction exists. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff must file a response to this Order to Show Cause by June 30, 2022, identifying Defendants' citizenship(s). Failure to timely or satisfactorily respond to this Order to Show Cause will result in a finding that Plaintiff has failed to carry her burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice.Show Cause Response due by 6/30/2022.(jni)
June 16, 2022 Filing 31 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)(otake1)
June 14, 2022 Filing 30 NOTICE of Case Reassignment: Please reflect new Civil case number CV 22-00173 JAO-RT on all further pleadings. (eta)
June 14, 2022 Filing 29 Consent Election Form
June 14, 2022 Filing 28 AMENDED ANSWER to #1 Complaint by Aqua Aston Holdings, Inc, Aqua Aston Hospitality, LLC. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
June 14, 2022 COURT'S CERTIFICATE of Service - a copy of 30 Notice of Case Reassignment has been served by First Class Mail to Michael Alves Stone-Molloy, Esq. and Stephen Paul Ellingson, Esq. at the addresses of record on June 14, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta)
June 3, 2022 Filing 27 Corporate Disclosure Statement by Aqua Aston Holdings, Inc. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
June 3, 2022 Filing 26 Corporate Disclosure Statement by Aqua Aston Hospitality, LLC. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
June 3, 2022 Filing 25 ANSWER to #1 Complaint for Damages for Personal Injuries Dated November 3, 2021 by Aqua Aston Holdings, Inc, Aqua Aston Hospitality, LLC. (Attachments: #1 Certificate of Service)(Nakamura, Lee)
April 18, 2022 Filing 24 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni)
April 18, 2022 Opinion or Order Filing 23 ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/18/2022.Status Conference is set for 7/18/2022 09:00 AM by Telephone before MAGISTRATE JUDGE ROM TRADER.(jni)
April 18, 2022 Filing 22 NOTICE TO PARTIES:The Clerk of Court for the U.S. District Court, District of Hawaii, gives notice of its receipt of the electronic case record for 2:21-cv-08701; Sullivan v. Aqua Aston Hospitality, LLC, transferred from the Central District of California.Please be advised that U.S. Magistrate Judge Rom Trader has been assigned to this case. Accordingly, please reflect new civil number CV 22-00173 RT on all further filings.Submission of Pro Hac Vice Applications: The parties may refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The Local Rules for the District of Hawaii and the "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (form HID007-007a) are available on the Court's website at www.hid.uscourts.gov.(jni)
April 18, 2022 Filing 21 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00173 RT on all further pleadings. (jni)
April 18, 2022 Filing 20 Case transferred in from District of California Central; Case Number 2:21-cv-08701. Original file certified copy of transfer order and docket sheet received.
April 18, 2022 COURT'S CERTIFICATE of Service - a copy of 21 Notice of Case Assignment, 22 Notice to Parties, and #23 Order Setting Status Conference have been served by First Class Mail to Michael Alves Stone-Molloy, Esq., and Stephen Paul Ellingson, Esq. to the addresses of record on 4/18/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
April 18, 2022 COURT'S CERTIFICATE of Service - a copy of #24 Notice of Assignment to United States Magistrate Judge, has been served by First Class Mail to Michael Alves Stone-Molloy, Esq., and Stephen Paul Ellingson, Esq. to the addresses of record on 4/18/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
April 15, 2022 Opinion or Order Filing 19 ORDER RE: Stipulation to Transfer Case to United States District Court of Hawaii #18 by Judge George H. Wu: The Court, having reviewed and considered the stipulated transfer of this action, does hereby Order that this action be transferred from the United States District Court for the Central District of California, to the United States District Court of Hawaii located in Honolulu, Hawaii, with each party bearing their own fees and costs relating to the transfer. The Court further Orders the Clear for the United States District Court to forward all filings in this action to the Clerk for the United States District Court of Hawaii. Aqua-Aston shall file its responsive pleading within 21 days of the date of notice of transfer of the action. (MD JS-6. Case Terminated.) (bm) [Transferred from California Central on 4/18/2022.]
April 15, 2022 Filing 18 STIPULATION to Transfer Case to United States District Court of Hawaii filed by Defendant Aqua Aston Hospitality, LLC. (Attachments: #1 Proposed Order)(Ellingson, Stephen) [Transferred from California Central on 4/18/2022.]
April 5, 2022 Filing 17 STIPULATION for Extension of Time to File Response filed by defendant Aqua Aston Holdings, Inc, Aqua Aston Hospitality, LLC.(Attorney Stephen Paul Ellingson added to party Aqua Aston Holdings, Inc(pty:dft), Attorney Stephen Paul Ellingson added to party Aqua Aston Hospitality, LLC(pty:dft))(Ellingson, Stephen) [Transferred from California Central on 4/18/2022.]
March 21, 2022 Filing 16 TEXT ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court hereby VACATES the Order to Show Cause issued on March 8, 2022 #13 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 4/18/2022.]
March 18, 2022 Filing 15 PROOF OF SERVICE Executed by Plaintiff Beverly Sullivan, upon Defendant Aqua Aston Hospitality, LLC served on 3/10/2022, answer due 3/31/2022. Service of the Summons and Complaint were executed upon Jenn Bautista - Authorized to accept documents c/o CSC Lawyers Incorporating Services in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
March 18, 2022 Filing 14 DECLARATION of Michael Stone-Molloy, Esq. re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #13 filed by Plaintiff Beverly Sullivan. (Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
March 8, 2022 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge George H. Wu: The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than March 18, 2022 why this action should not be dismissed as to all remaining defendants for lack of prosecution. (see document for further details) (bm) [Transferred from California Central on 4/18/2022.]
November 10, 2021 Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate/Notice of Interested Parties #10 . The following error(s) was/were found: Case number is incorrect or missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) [Transferred from California Central on 4/18/2022.]
November 8, 2021 Filing 11 STIPULATION for Extension of Time to File Answer to 12/11/2021 re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Beverly Sullivan.(Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
November 8, 2021 Filing 10 CERTIFICATE of Interested Parties filed by Plaintiff Beverly Sullivan, identifying Blue Cross Blue Shield of Illinois. (Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
November 8, 2021 Opinion or Order Filing 9 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See attached document for details) (mrgo) [Transferred from California Central on 4/18/2022.]
November 5, 2021 Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) [Transferred from California Central on 4/18/2022.]
November 5, 2021 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Aqua Aston Holdings, Inc, and Aqua Aston Hospitality, LLC. (jtil) [Transferred from California Central on 4/18/2022.]
November 4, 2021 Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from California Central on 4/18/2022.]
November 4, 2021 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 4/18/2022.]
November 4, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (jtil) [Transferred from California Central on 4/18/2022.]
November 3, 2021 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Beverly Sullivan. (Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
November 3, 2021 Filing 2 CIVIL COVER SHEET filed by Plaintiff Beverly Sullivan. (Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]
November 3, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-32269244 - Fee: $402, filed by Plaintiff Beverly Sullivan. (Attorney Michael Alves Stone-Molloy added to party Beverly Sullivan(pty:pla))(Stone-Molloy, Michael) [Transferred from California Central on 4/18/2022.]

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Plaintiff: Beverly Sullivan
Represented By: Michael Alves Stone-Molloy
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Defendant: Aqua Aston Hospitality, LLC doing business as Kona by the Sea Hotel
Represented By: Stephen Paul Ellingson
Represented By: Lee T. Nakamura
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Defendant: Aqua Aston Holdings, Inc
Represented By: Stephen Paul Ellingson
Represented By: Lee T. Nakamura
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Defendant: DOES 1-25
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