Hofelich v. United States Coast Guard Vessel Documentation Center (USCGVDC)
Plaintiff: Howard Hofelich
Defendant: United States Coast Guard Vessel Documentation Center (USCGVDC), State of Hawaii DCCA and DLNR, Dennis Krueger, Esq., Ashford and Wriston Law Corporation, David Kaapu, Esq., Stephen Whittaker Esq., Carl Vincenti, Jung & Vassar Law Corporation, Ronald Ibarra, David Lawton, Esq., Doe Corporations 1-10, John Does 1-10, Jane Does 1-10, Governmental Entities 1-10, Doe Partnerships 1-10, Doe LLC Corporations 1-10, State of Hawaii DCCA, DLNR, Dennis Krueger, David Kaapu, Stephen Whittaker, United States Coast Guard Vessel Documentation Center and David Lawton
Intervenor Plaintiff: South Pacific Scuba Tours, Inc.
Case Number: 1:2022cv00292
Filed: July 5, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: DERRICK K WATSON
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1442 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2023 Opinion or Order Filing 88 ORDER of USCA as to #80 Notice of Appeal, filed by Howard Hofelich, USCA NO. 22-16525: A review of the docket demonstrates that appellant has failed to respond to the December 1, 2022, order of this court. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to prosecute. This order served on the district court shall, 21 day after the date of the order, act as the mandate of this court. (eta)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 (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)
December 1, 2022 Opinion or Order Filing 87 ORDER of USCA as to #80 Notice of Appeal, filed by Howard Hofelich, USCA NO. 22-16525: Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), OR (2) file a statement explaining why the appeal is not frivolous and should go forward. (Attachments: #1 Motion to Voluntarily Dismiss Form)(eta)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 (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)
October 6, 2022 Filing 86 Attorney/Pro Se Appeal Packet re #80 Notice of Appeal filed by Howard Hofelich, USCA NO. 22-16525. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Docket Sheet)(eta)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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).
October 5, 2022 Opinion or Order Filing 85 ORDER of USCA as to #80 Notice of Appeal, filed by Howard Hofelich, USCA No. 22-16525. A review of this court's docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. (Attachments: #1 Form 4 - Instructions and Motion and Affidavit for Permission to Proceed in Forma Pauperis)(eta)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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).
October 4, 2022 Filing 84 USCA Time Scheduling Order as to #80 Notice of Appeal, filed by Howard Hofelich, USCA No. 22-16525. (eta)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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).
October 4, 2022 Filing 83 USCA Case Number 22-16525 for #80 Notice of Appeal filed by Howard Hofelich. (eta)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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)
October 4, 2022 Filing 82 EO: The Court DENIES Plaintiff's #79 Motion for Writ of Certiorari to Have Docket Pleadings 1-76 Certified and Transmitted to Hawaii Third Circuit Court 3CC-21-000297. Plaintiff cites no authority for the request, nor has he provided an explanation as to why it is necessary for the Clerk to transmit all documents filed in this action to the state court, particularly when considering the Clerk has already transmitted the District Court's order remanding this action and the docket sheet for this action to the Circuit Court of the Third Circuit. See ECF No. 81. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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).
September 30, 2022 Filing 81 ACKNOWLEDGEMENT OF RECEIPT by the Circuit Court of the Third Circuit, State of Hawaii (Kona Division) re #77 ORDER (1) GRANTING DEFENDANT UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER'S MOTION TO DISMISS AND DISMISSING SAID DEFENDANT WITHOUT LEAVE TO AMEND; (2) GRANTING IN PART PLAINTIFF'S MOTION FOR REMAND AND REMANDING ACTION TO STATE CIRCUIT COURT; AND (3) HOLDING IN ABEYANCE ALL OTHER PENDING MOTIONS (eta)
September 29, 2022 Filing 80 NOTICE OF APPEAL re #77 - by Howard Hofelich. Filing fee $ DUE. USCA No. 22-16525 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Mailing Documentation)(eta) Modified on 10/6/2022 (eta).
September 29, 2022 Filing 79 Plaintiff's MOTION for Writ of Certiorari to Have Docket Pleadings 1-76 Certified and Transmitted to Hawaii Third Circuit Court 3CC-21-000297 - by Plaintiff Howard Hofelich (Attachments: #1 Mailing Documentation)(eta)
September 22, 2022 Filing 78 Clerk's Office Transmittal Letter to the Circuit Court of the Third Circuit, State of Hawaii re ECF No. #77 ORDER (1) GRANTING DEFENDANT UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER'S MOTION TO DISMISS AND DISMISSING SAID DEFENDANT WITHOUT LEAVE TO AMEND; (2) GRANTING IN PART PLAINTIFF'S MOTION FOR REMAND AND REMANDING ACTION TO STATE CIRCUIT COURT; AND (3) HOLDING IN ABEYANCE ALL OTHER PENDING MOTIONS, dated September 22, 2022. (eta)
September 22, 2022 Opinion or Order Filing 77 ORDER (1) GRANTING DEFENDANT UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER'S MOTION TO DISMISS AND DISMISSING SAID DEFENDANT WITHOUT LEAVE TO AMEND; (2) GRANTING IN PART PLAINTIFF'S MOTION FOR REMAND AND REMANDING ACTION TO STATE CIRCUIT COURT; AND (3) HOLDING IN ABEYANCE ALL OTHER PENDING MOTIONS re #25 , #33 - Signed by JUDGE DERRICK K. WATSON on 9/22/2022. For the reasons set forth herein, the Coast Guard's motion to dismiss, Dkt. No. 25, is GRANTED, and the Coast Guard is DISMISSED WITH PREJUDICE. Plaintiff's motion for remand, Dkt. No. 33, is GRANTED IN PART to the extent that the balance of this case is REMANDED to the Third Circuit Court for the State of Hawaii, pursuant to Section 1447(c) of Title 28. All other pending motions, Dkt. Nos. 10, 12, 17, 19, 23, 26, 37, 57, 66, 72, shall be HELD IN ABEYANCE pending the remand of this action to the Third Circuit Court. The hearing on November 18, 2022, Dkt. Nos. 65, 74, is hereby VACATED. The Clerk is instructed to mail a certified copy of this Order to the clerk of the Third Circuit Court and then CLOSE this case. (eta)COURT'S CERTIFICATE OF SERVICE - All parties have been served electronically to the email addresses 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)
September 22, 2022 COURT'S CERTIFICATE of Service - a certified copy of #77 ORDER (1) GRANTING DEFENDANT UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER'S MOTION TO DISMISS AND DISMISSING SAID DEFENDANT WITHOUT LEAVE TO AMEND; (2) GRANTING IN PART PLAINTIFF'S MOTION FOR REMAND AND REMANDING ACTION TO STATE CIRCUIT COURT; AND (3) HOLDING IN ABEYANCE ALL OTHER PENDING MOTIONS and Docket Sheet has been served by First Class Mail to the Circuit Court of the Third Circuit, State of Hawaii (Kona Division) on September 22, 2022. (eta)
September 21, 2022 Filing 76 Plaintiff Howard Hofelich's MEMORANDUM in Support of #72 MOTION for Summary Judgment Against Defendant United States Coast Guard Vessel Documentation Center (USCG VDC) - filed by Howard Hofelich. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (certified), #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service, #8 Mailing Documentation)(eta)
September 20, 2022 Filing 75 EO: Pending before the Court are various motions set for hearing on September 30, 2022. Dkt. Nos. 15 , 18 , 20 , 24 , 27 , 34 , 39 . Having reviewed those motions and the briefing related thereto, pursuant to Local Rule 7.1(c), the Court elects to address the same without a hearing. As a result, the hearing on September 30, 2022 is hereby VACATED. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(afe)COURTS 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)
September 19, 2022 Filing 74 NOTICE of Hearing on #72 Plaintiff's MOTION for Summary Judgment is set for 11/18/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (afe)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)
September 19, 2022 Filing 73 EO: On September 6, 2022 Plaintiff filed a Motion to Add Additional Defendants to the Complaint (Motion). See ECF No. 51. On September 8, 2022, the Court struck that Motion because Plaintiff had failed to comply with Local Rule 10.4, which requires a motion to amend a pleading to be "accompanied by the proposed amended pleading in redline format, which must indicate in every respect how the proposed amended pleading differs from the pleading which it amends, by striking through the text to be deleted and underlining the text to be added." See ECF No. 64. The Court also reminded Plaintiff that any renewed motion must comply with all applicable rules. See id. (quoting Local Rule 81.1(a) ("Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes. Sanctions, including but not limited to entry of default judgment or dismissal with prejudice, may be imposed for failure to comply with the Local Rules.")). On September 15, 2022, Plaintiff filed a #71 MEMORANDUM in Support of #51 Plaintiff's MOTION to Add Additional Defendants to the Complaint (Memorandum). Because that filing still does not comply with Local Rule 10.4, the Court will take no action on the Memorandum. Plaintiff is again reminded of his obligation to comply with all applicable rules, including the Local Rules, and is again warned that sanctions may be imposed for failure to comply with the Local Rules. See Local Rule 81.1(a). (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Howard Hofelich will be served by First Class Mail on September 19, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF).
September 16, 2022 Filing 72 Plaintiff Howard Hofelich's MOTION for Summary Judgment - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Mailing Documentation)(eta)
September 15, 2022 Filing 71 Plaintiff Howard Hofelich's MEMORANDUM in Support of #51 Plaintiff MOTION to Add Additional Defendants to the Complaint Against United States Coast Guard Vessel Documentation Center (USCGVDC) - filed by Howard Hofelich. (Attachments: #1 Exhibit A)(eta)
September 15, 2022 Filing 70 Plaintiff Howard Hofelich ANSWER to Ashford and Wriston Law Corporation re #26 , 260 - filed by Howard Hofelich. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
September 13, 2022 Filing 69 STATEMENT of No Opposition re #10 MOTION to Dismiss for failure to State a Claim or for Summary Judgment DEFENDANT ASHFORD & WRISTONS NO OPPOSITION TO DEFENDANTS DAVID LAWTON, ESQ. AND JUNG & VASSAR, P.C.S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT [ECF NO. 10]; CERTIFICATE OF SERVICE filed by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Service)(Herring, Kevin)
September 13, 2022 Filing 68 STATEMENT of No Opposition re #25 MOTION to Dismiss for failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; COS DEFENDANT ASHFORD & WRISTONS NO OPPOSITION TO DEFENDANT UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTERS (USCGVDC) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT [ECF NO. 25]; CERTIFICATE OF SERVICE filed by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Service)(Herring, Kevin)
September 13, 2022 Filing 67 STATEMENT of No Opposition re #12 MOTION to Designate Plaintiff a Vexatious Litigant and for an Order to Post Security DEFENDANT ASHFORD & WRISTONS NO OPPOSITION TO DEFENDANTS DAVID LAWTON, ESQ. AND JUNG & VASSAR, P.C.S MOTION TO DESIGNATE PLAINTIFF HOWARD HOFELICH A VEXATIOUS LITIGANT AND FOR AN ORDER TO POST SECURITY [ECF NO. 12]; CERTIFICATE OF SERVICE filed by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Service)(Herring, Kevin)
September 9, 2022 Filing 66 Plaintiff's Answer & MOTION to Strike in Its Entirety #50 Defendant David Lawton's and Jung and Vassar, P.C.'s Memorandum in Opposition to Plaintiff Howard Hofelich's MOTION to be Addressed Solely by His Legal Name - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Mailing Documentation)(eta)
September 9, 2022 Filing 65 NOTICE of Hearing on #57 Plaintiff's Motion for Injunctive and Declarative Relief is set for 11/18/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (tyk)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)
September 9, 2022 COURT'S CERTIFICATE of Service - a copy of 65 Notice of Hearing on Plaintiff's Motion for Injunctive and Declarative Relief has been served by First Class Mail to Howard Hofelich at the address of record on September 9, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
September 8, 2022 Filing 64 EO: Because Plaintiff's #51 Motion to Add Additional Defendants to Complaint does not comply with Local Rule 10.4, which requires a motion to amend a pleading to be "accompanied by the proposed amended pleading in redline format, which must indicate in every respect how the proposed amended pleading differs from the pleading which it amends, by striking through the text to be deleted and underlining the text to be added," the Court STRIKES Plaintiff's #51 Motion to Add Additional Defendants to Complaint. Any renewed motion must comply with all applicable rules. See Local Rule 81.1(a) ("Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes. Sanctions, including but not limited to entry of default judgment or dismissal with prejudice, may be imposed for failure to comply with the Local Rules."). (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS 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)
September 8, 2022 Filing 63 EO: All parties please disregard Docket Number [62], the entry was inadvertently entered in this case and is stricken from the record. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS 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) Modified on 9/8/2022 (jp).
September 8, 2022 Filing 62 EO: Because the Court has been informed that the parties have reached a settlement, the Court VACATES all dates and deadlines in this matter. Stipulation for Dismissal shall be submitted to Mollway_orders@hid.uscourts.gov by October 24, 2022. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS 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)
September 8, 2022 Filing 61 MEMORANDUM in Opposition re #33 MOTION to Remand to State Court DEFENDANT ASHFORD & WRISTONS MEMORANDUM IN OPPOSITION TO PLAINTIFF HOWARD HOFELICHS MOTION TO REMAND THE ENTIRE FEDERAL COMPLAINT BACK TO THE STATE OF HAWAII THIRD CIRCUIT COURT; OR IN THE ALTERNATIVE, LIMIT THE DISTRICT COURT FORUM EXCLUSIVELY TO UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER (USCG VDC) [DKT NO. 33]; CERTIFICATE OF COMPLIANCE; CERTIFICATE OF SERVICE filed by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Herring, Kevin)
September 8, 2022 Filing 60 MEMORANDUM re #42 Memorandum in Opposition to Motion DEFENDANT ASHFORD & WRISTONS MEMORANDUM IN REPLY TO PLAINTIFF HOWARD HOFELICHS OPPOSITION TO ASHFORD & WRISTONS MOTION TO DISMISS PLAINTIFF HOWARD HOFELICHS COMPLAINT [DKT 42]; CERTIFICATE OF COMPLIANCE; CERTIFICATE OF SERVICE filed by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Herring, Kevin)
September 7, 2022 Filing 59 EO: On September 2, 2022, Intervenor South Pacific Scuba Tours, Inc. filed a #48 Motion to Intervene. The Motion is signed only by Plaintiff Howard Hofelich, who is listed as "Secretary." See ECF No. 48 at 2. South Pacific Scuba Tours, Inc., which is identified as a Hawai'i corporation, cannot represent itself in this proceeding, nor can its owner, manager, members, or employees file papers in this case on its behalf unless they are licensed attorneys. See Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel"); In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) ("Corporations and other unincorporated associations must appear in court through an attorney"); see also Local Rule 81.1(b) ("Entities other than individuals, including but not limited to corporations, partnerships, limited liability partnerships or corporations, trusts, community associations, and unions, must be represented by an attorney."). Because the Motion was signed only by Plaintiff, and there is no indication he is an attorney admitted to practice before this court, the Court STRIKES Intervenor South Pacific Scuba Tours, Inc.'s #48 Motion to Intervene. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS 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 howardhofelich@hotmail.com, the e-mail address listed on the (NEF)
September 7, 2022 Filing 58 Errata re #50 Memorandum in Opposition to Motion,, Table of Contents, Table of Authorities. (Lawton, David)
September 7, 2022 Filing 57 Plaintiff Howard Hofelich's MOTION for Injunctive and Declarative Relief; U.S.C. Title 50 4042 - by Plaintiff Howard Hofelich Although referenced in the caption, a Certificate of Service was not included with this filing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Mailing Documentation)(eta)
September 7, 2022 Filing 56 RESPONSE to Motion re #25 MOTION to Dismiss for failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; COS, #26 MOTION to Dismiss for failure to State a Claim DEFENDANT ASHFORD & WRISTON A LIMITED LIABILITY LAW PARTNERSHIP LLPS MOTION TO DISMISS PLAINTIFF HOWARD HOFELICHS COMPLAINT [Dkt 1-1]; MEMORANDUM IN SUPPORT OF MOTION; CERTIFICATE OF SERVICE filed by Jung & Vassar Law Corporation, David Lawton. (Lawton, David)
September 7, 2022 Filing 55 MEMORANDUM in Opposition re #37 MOTION to Disqualify Counsel MOTION to Strike filed by Jung & Vassar Law Corporation, David Lawton. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Lawton, David)
September 7, 2022 Filing 54 MEMORANDUM in Opposition re #33 MOTION to Remand to State Court filed by Jung & Vassar Law Corporation, David Lawton. (Lawton, David)
September 7, 2022 Filing 53 MEMORANDUM in Opposition re #23 MOTION to Strike #10 MOTION to Dismiss for failure to State a Claim or for Summary Judgment filed by Jung & Vassar Law Corporation, David Lawton. (Lawton, David)
September 7, 2022 Filing 52 MEMORANDUM in Opposition re #19 MOTION to Strike #12 MOTION to Designate Plaintiff a Vexatious Litigant and for an Order to Post Security filed by Jung & Vassar Law Corporation, David Lawton. (Lawton, David)
September 6, 2022 Filing 51 Plaintiff Howard Hofelich's MOTION to Add Additional Defendants to the Complaint Against United States Coast Guard Vessel Documentation Center (USCGVDC) - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Mailing Documentation)(eta)
September 6, 2022 Filing 50 MEMORANDUM in Opposition re #17 MOTION to be Addressed Solely by His Legal Name re #7 APPLICATION for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the Third Circuit, Kona Division, State of Hawaii ; Declaration of Lawton; Proof of Service filed by Jung & Vassar Law Corporation, David Lawton. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10)(Lawton, David) Modified on 9/7/2022 (eta).
September 2, 2022 Filing 49 Declaration of Plaintiff Howard Hofelich; Exhibits A-B re #48 . Although referenced in the caption, Exhibit B was not included with this filing. (Attachments: #1 Exhibit A)(eta)
September 2, 2022 Filing 48 **Docket Entry Stricken Pursuant to ECF No. 59** Intervenor South Pacific Scuba Tours, Inc., a Hawaii Corporation MOTION to Intervene FRCP Rule 19 and 24 - by Intervenor Plaintiff South Pacific Scuba Tours, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Mailing Documentation)(eta) Modified on 9/19/2022 (jo)
September 2, 2022 Filing 47 Plaintiff Howard Hofelich's DECLARATION in Support of #17 MOTION to be Addressed Solely by His Legal Name and Request for United States Attorney's Application for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the Third Circuit, Kona Division, to Provide Records for Special Proceeding Number 97-004K, 95-236K and Civil No. 3CCV-21-000297 . (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
August 29, 2022 Filing 46 Plaintiff Howard Hofelich's MEMORANDUM in Opposition to #25 United States Coast Guard Vessell Documentation Center's (USCGVDC) MOTION to Dismiss Plaintiff Howard Hofelichs Complaint; Declaration of Howard Hofelich - filed by Howard Hofelich. Although referenced in the caption, the Declaration of Howard Hofelich was not included with this pleading. (Attachments: #1 Mailing Documentation)(eta)
August 29, 2022 Filing 45 STATEMENT re #33 MOTION to Remand to State Court ; COS filed by United States Coast Guard Vessel Documentation Center. (Ching, Edric)
August 26, 2022 Filing 44 Plaintiff Howard Hofelich's OPPOSITION to #25 Defendant United States Coast Guard Vessel Documentation Center's MOTION to Dismiss Plaintiff Howard Hofelich's Complaint - filed by Howard Hofelich. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Mailing Documentation)(eta)
August 26, 2022 Filing 43 STATEMENT of No Opposition re #26 MOTION to Dismiss for failure to State a Claim DEFENDANT ASHFORD & WRISTON A LIMITED LIABILITY LAW PARTNERSHIP LLPS MOTION TO DISMISS PLAINTIFF HOWARD HOFELICHS COMPLAINT [Dkt 1-1]; MEMORANDUM IN SUPPORT OF MOTION; CERTIFICATE OF SERVICE, #10 MOTION to Dismiss for failure to State a Claim or for Summary Judgment ; COS filed by United States Coast Guard Vessel Documentation Center. (Ching, Edric)
August 25, 2022 Filing 42 Plaintiff Howard Hofelich's OPPOSITION to #26 Ashford & Wriston's MOTION to Dismiss Howard Hofelich's Complaint - filed by Howard Hofelich. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
August 24, 2022 Filing 41 CERTIFICATE OF SERVICE by Jung & Vassar Law Corporation, David Lawton Second Motion for Rule 11 Sanctions (Lawton, David)
August 22, 2022 Filing 40 EO: Plaintiff's #38 APPLICATION for Permission to Participate in Electronic Filing is GRANTED. Plaintiff must comply with all rules regarding electronic filling and familiarize himself with electronic filing resources, user guides, and training modules available on the Court's website. Plaintiff is directed to contact the Clerk's Office to obtain the necessary information to allow him to file electronically. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE OF SERVICE - Howard Hofelich has been served by First Class Mail to South Pacific Tours Scuba Inc. 77-361 Mele Place Kailua-Kona, HI 96740, 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)
August 22, 2022 Filing 39 NOTICE of Hearing on #37 Plaintiff's Motion to Disqualify Defendant David Lawton from Representing Jung & Vassar Law Corporation and Striking All Pleadings filed for Jung & Vassar Law Corporation is set for 9/30/2022 at 10:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2.(tyk)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)
August 22, 2022 COURT'S CERTIFICATE of Service - a copy of 39 Notice of Hearing on Motion has been served by First Class Mail to Howard Hofelich at the address of record on August 22, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
August 18, 2022 Filing 38 APPLICATION for Permission to Participate in Electronic Filing (E-File) (Pro Se Non-Prisoner) - by Howard Hofelich (Attachments: #1 Mailing Documentation) (eta)
August 18, 2022 Filing 37 Plaintiff's MOTION to Disqualify Defendant David Lawton from Representing Jung & Vassar Law Corporation and Striking All Pleadings Filed for Jung & Vassar Law Corporation - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
August 12, 2022 Filing 36 MEMORANDUM in Support of #33 Plaintiff Howard Hofelich's MOTION to Remand Entire Federal Complaint Back to the State of Hawaii Third Circuit Court; or in the Alternative, Limit the District Court Forum Exclusively to United States Coast Guard Vessel Documentation Center (USCG VDC) - filed by Howard Hofelich. (Attachments: #1 Exhibit "A", #2 Mailing Documentation)(eta)
August 11, 2022 Filing 35 CERTIFICATE OF SERVICE by David Lawton Unfiled Motion for Rule 11 Sanctions against Plaintiff (Lawton, David)
August 9, 2022 Filing 34 NOTICE of Hearing on #33 Plaintiff Howard Hofelich's Motion to Remand the Entire Federal Complaint Back to the State of Hawaii Third Circuit Court or, in the Alternative, Limit the District Court Forum Exclusively to United States Coast Guard Vessel Documentation Center (USCG VDC) is set for 9/30/2022 at 10:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motions shall be in accordance with Local Rule 7.2. (tyk)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)
August 9, 2022 COURT'S CERTIFICATE of Service - a copy of 34 Notice of Hearing on Motion has been served by First Class Mail to Howard Hofelich at the address of record on August 9, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
August 8, 2022 Filing 33 Plaintiff Howard Hofelich's MOTION to Remand the Entire Federal Complaint Back to the State of Hawaii Third Circuit Court; or in the Alternative, Limit the District Court Forum Exclusively to United States Coast Guard Vessel Documentation Center (USCG VDC) - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit "A", #2 Mailing Documentation)(eta)
August 5, 2022 Filing 32 EO: Plaintiff's #31 MOTION to be Added to Electronic Messaging (ECM) is DENIED WITHOUT PREJUDICE. To the extent Plaintiff is requesting permission to participate in electronic filing (e-filing) in this case, he must file a completed Application for Permission to Participate in Electronic Filing (E-File) (Pro Se Non-Prisoner) (Form 14). Alternatively, if Plaintiff is only requesting to receive documents and notices of electronic filing by email, he should submit a completed Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email (Form 12) to the Clerk's Office. The Clerk's Office is directed to provide Plaintiff with blank copies of both Form 12 and Form 14 with a copy of this Entering Order. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE OF SERVICE - Howard Hofelich has 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)
August 4, 2022 Filing 31 Plaintiff Howard Hofelich's MOTION to be Added to Electronic Messaging (ECM) - by Howard Hofelich (Attachments: #1 Mailing Documentation) (eta) Modified on 8/5/2022 (eta).
August 1, 2022 Filing 30 Scheduling Conference Statement by Ashford and Wriston Law Corporation. (Attachments: #1 Certificate of Service)(Herring, Kevin)
August 1, 2022 Filing 29 EO: Based on the pending Motions to Dismiss, see ECF Nos. 10, 25, 26, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 8/8/2022 to 11/7/2022 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE OF SERVICE - Howard Hofelich has 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)
August 1, 2022 Filing 28 Scheduling Conference Statement by State of Hawaii DCCA. (Cole, John)
July 29, 2022 Filing 27 NOTICE of Hearing on #25 Defendant United States Coast Guard Vessel Documentation Center's (USCGVDC) Motion to Dismiss Plaintiff's Amended Complaint and #26 Defendant Ashford & Wriston A Limited Liability Law Partnership LLP's Motion to Dismiss Plaintiff Howard Hofelich's Complaint set for 9/30/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motions shall be in accordance with Local Rule 7.2. (tyk)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)
July 29, 2022 Filing 26 MOTION to Dismiss for failure to State a Claim DEFENDANT ASHFORD & WRISTON A LIMITED LIABILITY LAW PARTNERSHIP LLPS MOTION TO DISMISS PLAINTIFF HOWARD HOFELICHS COMPLAINT [Dkt 1-1]; MEMORANDUM IN SUPPORT OF MOTION; CERTIFICATE OF SERVICE Kevin W. Herring appearing for Defendant Ashford and Wriston Law Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Herring, Kevin)
July 29, 2022 COURT'S CERTIFICATE of Service - a copy of 27 Notice of Hearing on Motions has been served by First Class Mail to Howard Hofelich at the address of record on July 29, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
July 28, 2022 Filing 25 MOTION to Dismiss for failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction ; COS Edric Ming-Kai Ching appearing for Defendant United States Coast Guard Vessel Documentation Center (Attachments: #1 Memorandum in Support of USCGVDC's Motion to Dismiss Plaintiff's Amended Complaint)(Ching, Edric)
July 25, 2022 Filing 24 NOTICE of Hearing on #23 Plaintiff Howard Hofelich's Motion to Quash and Strike in Totality Defendant Jung and Vassars and Defendant Lawton's Motion for Summary Judgment set for 9/30/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2.(tyk)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)
July 25, 2022 COURT'S CERTIFICATE of Service - a copy of Advisory Entry-Personal Identifiers, has been served by First Class Mail to Howard Hofelich at the address of record on July 25, 2022. (eta)
July 25, 2022 COURT'S CERTIFICATE of Service - a copy of 24 Notice of Hearing on Motion has been served by First Class Mail to Howard Hofelich at the address of record on July 25, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
July 25, 2022 ADVISORY ENTRY. Personal Identifiers - Please be advised that Exhibit A submitted in support of Document #23 MOTION to Quash and Strike in Totality #10 MOTION for Summary Judgment filed by Howard Hofelich, contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary (for further details, see Section 13.0 of the CM/ECF User's Guide). The Clerk's Office has restricted viewing access of this exhibit to the Court and "case participants". (eta)
July 22, 2022 Filing 23 Plaintiff Howard Hofelich's MOTION to Quash and Strike in Totality #10 Defendant Jung and Vassars and Defendant Lawton's MOTION for Summary Judgment - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit "A" (RESTRICTED to Case Participants and the Court) , #2 Exhibit "B", #3 Exhibit "C", #4 Certificate of Service, #5 Mailing Documentation)(eta) Modified on 7/22/2022 to restrict Exhibit "A" to "case participants" and the Court(eta).
July 22, 2022 Filing 22 SUGGESTION OF DEATH Upon the Record as to Dennis Krueger, Esq. by Ashford and Wriston Law Corporation. (Herring, Kevin)
July 22, 2022 Filing 21 NOTICE of Appearance by Kevin W. Herring [Wayne Nasser, Esq., Francis P. Hogan, Esq., and Jae B. Park, Esq.] on behalf of Ashford and Wriston Law Corporation on behalf of Ashford and Wriston Law Corporation. (Herring, Kevin) Modified on 7/25/2022 (eta).
July 22, 2022 Filing 20 NOTICE of Hearing on #19 Plaintiff Howard Hofelich's Motion to Quash and Strike in Totality Defendant Jung and Vassars and Defendant Lawton's Motion to Declare Plaintiff a Vexatious Litigant set for 9/30/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2.(tyk)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)
July 22, 2022 COURT'S CERTIFICATE of Service - a copy of 20 Notice of Hearing on Motion has been served by First Class Mail to Howard Hofelich at the address of record on July 22, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
July 21, 2022 Filing 19 Plaintiff Howard Hofelich's MOTION to Quash and Strike in Totality #12 Defendant Jung and Vassars and Defendant Lawton's MOTION to Declare Plaintiff Howard Hofelich a Vexatious Litigant - by Plaintiff Howard Hofelich Although referenced in the caption, Exhibit A and the Certificate of Service were not included with this filing. (Attachments: #1 Mailing Documentation)(eta)
July 21, 2022 Filing 18 NOTICE of Hearing on #17 Plaintiff Howard Hofelich's Motion to be Addressed Solely by His Legal Name is set for 9/30/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2.(tyk)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)
July 21, 2022 COURT'S CERTIFICATE of Service - a copy of 18 Notice of Hearing on Motion has been served by First Class Mail to Howard Hofelich at the address of record on July 21, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
July 19, 2022 Filing 17 Plaintiff Howard Hofelich's MOTION to be Addressed Solely by His Legal Name and Non Opposition to #7 United States District Attorney's APPLICATION for Writ of Certiorari Ordering the Third Circuit Court, Kona Division to Provide Records for Both Special Proceeding Number 97-004K and Civil No. 3CCV-21-000297; Demand for Jury Trial - by Plaintiff Howard Hofelich (Attachments: #1 Exhibit "A", #2 Certificate of Service, #3 Mailing Documentation)(eta)
July 19, 2022 Filing 16 NOTICE of Appearance by John E. Cole on behalf of State of Hawaii DCCA on behalf of State of Hawaii DCCA. (Cole, John)
July 18, 2022 Filing 15 EO: #10 Defendants David H. Lawton and Jung & Vassar, P.C.'s Motion to Dismiss or for Summary Judgment and #12 Defendants David Lawton, Esq. and Jung & Vassar, P.C.'s Motion to Designate Plaintiff Howard Hofelich a Vexatious Litigant and for an Order to Post Security are set for hearing on 9/30/2022 at 10:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motions shall be in accordance with Local Rule 7.2 based upon the hearing date. (JUDGE DERRICK K. WATSON)(tyk)COURTS 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)
July 18, 2022 Filing 14 AMENDED PROOF OF SERVICE by Jung & Vassar Law Corporation, David Lawton re #12 MOTION Designate Plaintiff a Vexatious Litigant Amended Proof of Service (Lawton, David) Modified on 7/18/2022 (eta).
July 18, 2022 Filing 13 AMENDED PROOF OF SERVICE by Jung & Vassar Law Corporation, David Lawton re #10 MOTION to Dismiss for failure to State a Claim or for Summary Judgment Amended Certificate of Service (Lawton, David) Modified on 7/18/2022 (eta).
July 18, 2022 COURT'S CERTIFICATE of Service - a copy of Dkt. No. 15 has been served by First Class Mail to Howard Hofelich at the address of record on July 18, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
July 15, 2022 Filing 12 MOTION to Designate Plaintiff a Vexatious Litigant and for an Order to Post Security ; Memorandum in Support; Declaration of David H. Lawton; Certificate of Compliance With LR 7.4; Proof of Service David H. Lawton appearing for Defendants Jung & Vassar Law Corporation, David Lawton (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26)(Lawton, David) Modified on 7/18/2022 (eta).
July 15, 2022 Filing 11 Corporate Disclosure Statement by Jung & Vassar Law Corporation, David Lawton. (Lawton, David)
July 15, 2022 Filing 10 MOTION to Dismiss [for failure to State a Claim] or for Summary Judgment; Memorandum in Support; Declaration of David H. Lawton; Certificate of Compliance With LR 7.4; Proof of Service David H. Lawton appearing for Defendants David Lawton, Jung & Vassar Law Corporation (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Lawton, David) Modified on 7/18/2022 (eta). &/font.
July 15, 2022 Filing 9 Plaintiff's Corporate Disclosure (FRCP Rule 7.1) - by Howard Hofelich. (Attachments: #1 Mailing Documentation)(eta)
July 12, 2022 Filing 8 EO: Defendant United States Coast Guard Vessel Documentation Center's #7 APPLICATION for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the Third Circuit, Kona Division, State of Hawaii is DENIED without prejudice. At this time, the Court cannot determine whether it is necessary for the entire state court record in Howard Hofelich v. State of Hawaii DCCA and DLNR, et al., Civil No. 3CCV-21-0000297 to be transferred to this court. See 28 U.S.C. 1447(b). If Defendant believes it is necessary, it may either cause copies of those records and proceedings to be filed in this court, or file a renewed application explaining in more detail why the entire record should be transferred and why the Court should not require it, as the removing party, to file copies of all records and proceedings from the state court action. See 28 U.S.C. 1447(b), 1449. Should Defendant choose to file the records, the copies need not be certified or exemplified by the state court so long as they are accompanied by defense counsel's verification that they are the true and complete copies of all records and proceedings in the state court proceeding. Records already filed with the notice of removal need not be refiled.In addition, pursuant to 28 U.S.C. 1446(d), providing written notice of the removal to all adverse parties and filing a copy of the notice with the clerk of the state court "shall effect the removal and the State court shall proceed no further unless and until the case is remanded." In light of Section 1446(d), the Application does not provide sufficient justification for this Court to additionally direct the state court "to proceed no further in this cause." Any renewed application must accordingly provide support for this request. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS 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)
July 11, 2022 Filing 7 APPLICATION for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the Third Circuit, Kona Division, State of Hawaii by United States Coast Guard Vessel Documentation Center. (Ching, Edric) Modified on 7/12/2022 (eta). Filing event modified on 7/12/2022 (eta).
July 6, 2022 Filing 6 NOTICE of Appearance by David H. Lawton [and Emil A. Macasinag] on behalf of Jung & Vassar Law Corporation on behalf of Jung & Vassar Law Corporation. (Lawton, David) Modified on 7/7/2022 (eta).
July 6, 2022 Filing 5 NOTICE of Appearance by David H. Lawton [and Emil A. Macasinag] on behalf of David Lawton, and Jung & Vassar, P.C. . (Lawton, David) Modified on 7/7/2022 (eta).
July 5, 2022 Opinion or Order Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 8/8/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/5/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE ORDER SETTING RULE 16 SCHEDULING CONFERENCE TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jo)COURT'S CERTIFICATE OF SERVICE - Howard Hofelich will be served by First Class Mail on July 6, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF).
July 5, 2022 Filing 3 NOTICE of Case Assignment: Please reflect Civil Case Number CV 22-00292 DKW-WRP on all further pleadings. (jo)COURT'S CERTIFICATE OF SERVICE - Howard Hofelich will be served by First Class Mail on July 6, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF).
July 5, 2022 Filing 2 CIVIL Cover Sheet by United States Coast Guard Vessel Documentation Center (USCGVDC). (Ching, Edric)
July 5, 2022 Filing 1 NOTICE OF REMOVAL by United States Coast Guard Vessel Documentation Center (USCGVDC) ; COS from Circuit Court of the Third Circuit, Kona Division, State of Hawaii, case number 3CCV-21-0000297., filed by United States Coast Guard Vessel Documentation Center (USCGVDC). (Attachments: #1 Exhibit "A")(Ching, Edric)

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Search for this case: Hofelich v. United States Coast Guard Vessel Documentation Center (USCGVDC)
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Plaintiff: Howard Hofelich
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Defendant: United States Coast Guard Vessel Documentation Center (USCGVDC)
Represented By: Edric Ming-Kai Ching
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Defendant: State of Hawaii DCCA and DLNR
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Defendant: Dennis Krueger, Esq.
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Defendant: Ashford and Wriston Law Corporation
Represented By: Francis P. Hogan
Represented By: Jae B. Park
Represented By: Kevin W. Herring
Represented By: Wayne P. Nasser
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Defendant: David Kaapu, Esq.
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Defendant: Stephen Whittaker Esq.
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Defendant: Carl Vincenti
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Defendant: Jung & Vassar Law Corporation
Represented By: David H. Lawton
Represented By: Emil Anthony Macasinag
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Defendant: Ronald Ibarra
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Defendant: David Lawton, Esq.
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Defendant: Doe Corporations 1-10
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Defendant: John Does 1-10
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Defendant: Jane Does 1-10
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Defendant: Governmental Entities 1-10
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Defendant: Doe Partnerships 1-10
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Defendant: Doe LLC Corporations 1-10
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Defendant: State of Hawaii DCCA
Represented By: John E. Cole
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Defendant: DLNR
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Defendant: Dennis Krueger
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Defendant: David Kaapu
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Defendant: Stephen Whittaker
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Defendant: United States Coast Guard Vessel Documentation Center
Represented By: Edric Ming-Kai Ching
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Defendant: David Lawton
Represented By: David H. Lawton
Represented By: Emil Anthony Macasinag
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Intervenor plaintiff: South Pacific Scuba Tours, Inc.
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