Pectol v. Navy Exchange
| Michael Pectol |
| Navy Exchange |
| 1:2022cv00230 |
| May 23, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT entered on 6/23/2022 pursuant to ECF No. #8 ORDER DISMISSING ACTION, and ECF No. #6 ORDER (1) DISMISSING COMPLAINT AND (2) DENYING IFP APPLICATION WITHOUT PREJUDICE. (jni) |
Filing 8
ORDER DISMISSING ACTION re #6 - Signed by JUDGE JILL A. OTAKE on 6/23/2022. In view of Plaintiff's violation of the Court's Order, and failure to prosecute, the Court finds that the Pagtalunan factors support dismissal of this action. The public's interest in expeditious resolution of this litigation strongly favors dismissal, as does the Court's need to manage its docket. See Pagtalunan, 291 F.3d at 642 (citing Ferdik, 963 F.2d at 1261). Moreover, there is no risk of prejudice to Defendant, as it has yet to appear, and it is unclear whether service was properly effectuated. Finally, there are no less drastic alternatives available at this time. This case cannot proceed without an operative pleading and payment of the filing fee or a determination that Plaintiff is entitled to proceed in forma pauperis.The Court concedes that the public policy favoring disposition of cases on their merits weighs against dismissal. However, considering the totality of the circumstances and because all of the preceding factors favor dismissal, this factor is outweighed.In accordance with the foregoing, this action is HEREBY DISMISSED.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #8 Order, and #9 Judgment shall be served to Plaintiff Michael Pectol by email to the last known email address: Michael.PectolBVB@Protonmail.com on 6/23/2022. The Clerk's Office has no other contact information for Plaintiff. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 7 PROOF OF SERVICE - filed by Michael Pectol. (jni) |
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Filing 6
ORDER (1) DISMISSING COMPLAINT AND (2) DENYING IFP APPLICATION WITHOUT PREJUDICE re #1 , #2 - Signed by JUDGE JILL A. OTAKE on 5/31/2022.In accordance with the foregoing, Court: (1) DISMISSES the Complaint with leave to amend and (2) DENIES without prejudice the IFP Application. ECF No. 2. If Plaintiff elects to file an amended complaint, he must comply with the following requirements:(1) The deadline to file an amended complaint is June 21, 2022;(2) The amended complaint should be titled "First Amended Complaint"; and(3) Plaintiff must cure the deficiencies identified above.Plaintiff is cautioned that failure to timely file an amended pleading that conforms with this Order and concurrently file an IFP Application or submit the filing fee will result in the automatic dismissal of this action.(jni)
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| COURT'S CERTIFICATE of Service - On May 31, 2022, a copy of ECF No. #6 Order, was placed in the bin at the Clerk's Office front counter for pickup by Plaintiff Michael Pectol. (jni) |
| Filing 5 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)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). 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) |
| COURT'S CERTIFICATE of Service - On May 24, 2022, a copy of 5 Entry Order was placed in the bin at the Clerk's Office front counter for pickup by Plaintiff Michael Pectol. (jni) |
| Filing 4 SUPPLEMENTAL DOCUMENTS re #1 - filed by Michael Pectol.COURT'S CERTIFICATE OF SERVICE - a copy of the foregoing document was served upon Michael Pectol in person at the Clerk's Office on 5/23/2022. (jni) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/18/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/23/2022. (Attachments: #1 Memo Re: Corporate Disclosures)(jni)COURT'S CERTIFICATE OF SERVICE - Michael Pectol was served the file-stamped Complaint, Application to Proceed in District Court Without Prepaying Fees or Costs, and the Order Setting Rule 16 Scheduling Conference in person at the Clerk's Office on 5/23/2022.
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Michael Pectol. (jni) |
| Filing 1 CIVIL COMPLAINT against Navy Exchange - filed by Michael Pectol.(jni) |
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| Plaintiff: Michael Pectol | |
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