Palm Avenue Hialeah Trust v. Goldberg et al
| Palm Avenue Hialeah Trust |
| Elinor K. Goldberg, Albert M. Goldberg, Mortgage Electronic Registration Systems Inc., Pualani Estates at Kona Community Association, John Does 1-50, Jane Does 1-50, Doe Partnerships 1-50, Doe Corporations 1-50, Doe Entities 1-50 and Doe Governmental Units 1-50 |
| 1:2022cv00314 |
| July 20, 2022 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| Defendant |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 Clerk's Office Transmittal Letter to the Circuit Court of the Third Circuit, State of Hawaii re ECF No. #21 ORDER GRANTING PLAINTIFF'S MOTION TO REMAND, ECF NO. 13, AND DENYING DEFENDANT ALBERT M. GOLDBERG'S MOTION NOT TO REMAND, ECF NO. 16, dated September 16, 2022. (eta) |
Filing 21
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND, ECF NO. #13 , AND DENYING DEFENDANT ALBERT M. GOLDBERG'S MOTION NOT TO REMAND, ECF NO. #16 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/16/2022. Accordingly, Plaintiff's Motion to Remand, ECF No. 13, is GRANTED. Defendant Albert M. Goldberg's "Motion Not to Remand," ECF No. 16, is DENIED. This action is remanded forthwith to the Third Circuit Court of the State of Hawaii. (eta)COURTS CERTIFICATE OF SERVICE - Albert M. Goldberg shall be served by served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 19, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| COURT'S CERTIFICATE of Service - a certified copy of #21 ORDER GRANTING PLAINTIFF'S MOTION TO REMAND, ECF NO. 13, AND DENYING DEFENDANT ALBERT M. GOLDBERG'S MOTION NOT TO REMAND, ECF NO. 16 and docket sheet shall be served by First Class Mail to Circuit Court of the Third Circuit, State of Hawaii on September 19, 2022. (eta) |
| Filing 20 EO: The Telephonic Rule 16 Scheduling Conference set for 9/19/2022 is CONTINUED to 11/22/2022 at 09:00AM before MAGISTRATE JUDGE ROM TRADER. Scheduling conference statements must be filed by 11/15/2022.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)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) |
| Filing 19 REPLY MEMORANDUM in Support re #13 MOTION to Remand filed by Palm Avenue Hialeah Trust. (Prather, Charles) Modified on 9/13/2022 (eta). |
| Filing 18 Amended CERTIFICATE OF SERVICE by Palm Avenue Hialeah Trust re #17 Scheduling Conference Statement Amended (Prather, Charles) Modified on 9/13/2022 (eta). |
| Filing 17 Scheduling Conference Statement by Palm Avenue Hialeah Trust. (Prather, Charles) |
| Filing 16 MOTION Not to Remand - by Defendant Albert M. Goldberg (jo) |
| Filing 15 Defendant Albert M. Goldberg's RESPONSE to Plaintiff's Memorandum re: #13 - filed by Albert M. Goldberg (jo) |
| Filing 14 EO: On August 18, 2022, Plaintiff filed a Motion to Remand, ECF No. #13 , seeking to remand this action back to the Circuit Court of the Third Circuit, State of Hawaii, and an award of attorneys' fees and costs. See ECF No. 13-1 at PageID # 104-05. The court will decide the Motion to Remand without a hearing under Local Rule 7.1(c). Defendant Albert Goldberg's Opposition to the Motion to Remand is due by September 6, 2022. Plaintiff's optional Reply is due by September 13, 2022. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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) |
| Filing 13 Plaintiff's MOTION to Remand - by Plaintiff Palm Avenue Hialeah Trust (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Counsel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Certificate of Service) (jo) |
| Filing 12 Disclosure Statement of Palm Avenue Hialeah Trust, a Delaware Statutory Trust, for and on Behalf and Solely With Respect to Palm Avenue Hialeah Trust, Series 2014-1 - filed by Palm Avenue Hialeah Trust (Attachments: #1 Certificate of Service) (jo) |
| Filing 11 EO: For reasons stated in the attached Minute Order: "...the court will wait for Plaintiff to enter an appearance and provide additional information regarding the characteristics of its business association. Meanwhile, the July 25, 2022 Order to Show Cause is DISSOLVED, without prejudice to the court again raising its subject-matter jurisdiction at a later time." (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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) |
| Filing 10 Defendant Albert M. Goldberg's RESPONSE TO COURT'S ORDER TO SHOW CAUSE - by Albert M. Goldberg (jo) |
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Filing 9
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER, ECF No. #2 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/25/2022. In short, the Motion for TRO fails under Rule 65, and fails to meet the applicable standard set forth in Winter. Accordingly, Defendant Albert M. Goldberg's Motion for Temporary Restraining Order, ECF No. #2 , is DENIED. (jo)COURT'S CERTIFICATE OF SERVICE - Albert M. Goldberg will be served by First Class Mail on July 25, 2022 to the addresses 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).
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Filing 8
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED TO STATE COURT - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/25/2022. Accordingly, Defendant Albert M. Goldberg is ORDERED to SHOW CAUSE why this action should not be remanded for lack of federal subject matter jurisdiction. He must respond to this Order to Show Cause by AUGUST 8, 2022, by providing information about the citizenship of all the parties and establishing that complete diversity of citizenship exists (i.e., that no defendant has the same citizenship of the plaintiff). If he fails to timely respond, the court will conclude that he has failed to carry his burden of establishing removal jurisdiction and will remand the action to the Third Circuit Court for the State of Hawaii. Show Cause Response due by 8/8/2022(jo)COURT'S CERTIFICATE OF SERVICE - Albert M. Goldberg will be served by First Class Mail on July 25, 2022 to the addresses 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).
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| Filing 7 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (jo) |
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Filing 6
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 9/19/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/20/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)
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| Filing 5 Filing fee received: $402.00; receipt number HI033067 re #1 Notice of Removal (jo) |
| Filing 4 CIVIL Cover Sheet - by Albert M. Goldberg (jo) |
| Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES - by Albert M. Goldberg (jo) |
| Filing 2 Defendant's REQUEST for Injunction and Temporary Restraining Order, With Proposed Order - by Defendant Albert M. Goldberg (Attachments: #1 Proof of Service, #2 Exhibit A, #3 Proposed Order) (jo) |
| Filing 1 Defendant Albert M. Goldberg's NOTICE OF REMOVAL of the Above State Case No. 3CC16100281K to the United States District Court of Hawaii Based on the Following: 1) This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331-1333 and Fair Debt Collection Practices Act ("FDCPA") U.S.C. 1692K; 2) federal jurisdiction exists because the Plaintiff presented a federal question in the Plaintiff's Complaint; 3) the amount in controversy exceeds the diversity jurisdiction threshold of $75,000 pursuant to U.S.C. 1332 & 1441(B) - by Albert M. Goldberg from Circuit Court Third Circuit, State of Hawaii, case number 3CC16100281K (Attachments: #1 Proof of Service, #2 Exhibit A) (jo) |
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