Hirano v. McClory et al
| Douglas Hirano |
| Kate McClory, Sand Island Treatment Center, AT&T Wireless, Randy Cook, Holiday Inn Hotel, White Sands Hotel, Sand Villa Hotel, Coconut Waikiki Hotel, Ohana Malia Hotel, John Does 1-200, Jane Roes 1-100 and United States of America |
| 1:2022cv00378 |
| August 15, 2022 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| JILL A OTAKE |
| ROM TRADER |
| P.I.: Other |
| 28 U.S.C. § 2674 Federal Tort Claims Act |
| None |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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COURT'S CERTIFICATE of Service - a copy of #48 Entering Order, was served on the Ninth Circuit Court of Appeals via email to cmecf_ca9central@ca9.uscourts.gov on 4/27/2023. (jni)
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Filing 48
EO: On April 24, 2023, Plaintiff filed:NOTICE OF APPEAL (ECF No. #42 ) andAPPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER (ECF No. #43 ).The Court REFERS Plaintiff's Application to Proceed In Forma Pauperis (ECF No. #43 ) to the Ninth Circuit Court of Appeals. (SENIOR JUDGE HELEN GILLMOR)(rls)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)
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Filing 47
ORDER of USCA as to #42 Notice of Appeal, filed by Douglas Hirano; USCA No. 23-15620. (Attachments: #1 Instructions for Form 4 Motion and Affidavit for Permission to Proceed in Forma Pauperis, #2 Form 4 Motion and Affidavit for Permission to Proceed in Forma Pauperis)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 4/27/2023. 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).(jni)
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Filing 46
Attorney Appeal Packet re #42 Notice of Appeal, filed by Douglas Hirano; USCA No. 23-15620. (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)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) on 4/26/2023. 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).(jni)
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Filing 45
USCA TIME SCHEDULE ORDER as to #42 Notice of Appeal, filed by Douglas Hirano; USCA No. 23-15620. (Attachments: #1 Notice to all Parties and Counsel)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 4/26/2023. 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).(jni)
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Filing 44
USCA Case Number 23-15620 for #42 Notice of Appeal, filed by Douglas Hirano. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 4/26/2023. 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).(jni)
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Filing 43
APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Douglas Hirano. (Attachments: #1 Mailing Envelope)(jni)
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Filing 42
NOTICE OF APPEAL as to #38 Order Granting Defendant United States of America's Motion to Dismiss Plaintiff's Complaint with Prejudice (ECF No. 18) and Denying Plaintiff Douglas Hirano's Motion for Default Judgment Against Sand Island Treatment Center (ECF No. 29), and #39 Clerk's Judgment - by Douglas Hirano; USCA No. 23-15620. Filing fee $ 505. (Attachments: #1 Mailing Envelope)(jni) Modified on 4/26/2023 (jni)
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Filing 41
EO: Pursuant to [ECF #38 ] Order Granting Defendant United States of America's Motion to Dismiss Plaintiff's Complaint with Prejudice (ECF No. 18) and Denying Plaintiff Douglas Hirano's Motion for Default Judgment Against Sand Island Treatment Center (ECF No. 29) ("Order"), and [ECF #39 ] Clerk's Judgment ("Judgment"), both filed 3/30/2023, this case is now CLOSED. There are no remaining claims or parties. ECF No. 38 at PageID.341.On 3/31/2023, Plaintiff Douglas Hirano ("Plaintiff"), filed [ECF #40 ] Motion to Compel Discovery ("Motion"), which Plaintiff apparently signed on 3/28/2023 and submitted prior to the filing of the Court's Order and Judgment. ECF No. 4 at PageID.343. The Court elects to decide the Motion without a hearing. LR7.1(c). Because the Court has already dismissed Plaintiff's complaint with prejudice and closed this case, the Motion is DENIED AS MOOT. (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)
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Filing 40
MOTION to Compel Discovery; Declaration in Support of Motion to Compel; Certificate of Service - by Plaintiff Douglas Hirano. (Attachments: #1 Certificate of Service, #2 Mailing Envelope)(jni)
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Filing 39
CLERK'S JUDGMENT entered on 3/30/2023 pursuant to ECF #38 ORDER GRANTING DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (ECF No. 18) AND DENYING PLAINTIFF DOUGLAS HIRANO'S MOTION FOR DEFAULT JUDGMENT AGAINST SAND ISLAND TREATMENT CENTER (ECF No. 29). COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be 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). (jni)
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Filing 38
ORDER GRANTING DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (ECF No. 18) AND DENYING PLAINTIFF DOUGLAS HIRANO'S MOTION FOR DEFAULT JUDGMENT AGAINST SAND ISLAND TREATMENT CENTER (ECF No. 29) - Signed by SENIOR JUDGE HELEN GILLMOR on 3/30/2023.The Government's Motion to Dismiss Plaintiff's Complaint With Prejudice For Lack of Subject Matter Jurisdiction (ECF No. 18) is GRANTED.Plaintiff's Motion for Default Judgment Against Sand Island Treatment Center (ECF No. 29) is DENIED.The Complaint (ECF No. 1-2) is DISMISSED WITH PREJUDICE.There are no remaining claims or parties.The Clerk of Court is ORDERED to issue Judgment in favor of Defendants and to CLOSE THE CASE. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be 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).(jni)
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Filing 37
EO: In light of the motions pending before District Judge Gillmor [ECF #18 and #29 ], the Telephonic Rule 16 Scheduling Conference set for 3/22/2023 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 4/25/2023 at 09:00AM. Scheduling conference statements must be filed by 4/18/2023.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)
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Filing 36
ORDER GRANTING DEFENDANT UNITED STATES OF AMERICA'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (ECF No. 17) re #17 - Signed by SENIOR JUDGE HELEN GILLMOR on 2/17/2023. The Court finds there is good cause to set aside the state court clerk's entry of default. Fed. R. Civ. P. 55(c).The Government's Motion to Set Aside Clerk's Entry of Default (ECF No. 17) is GRANTED.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 2/17/2023. 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). (jni)
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Filing 35
REPLY re #17 MOTION to Set Aside Default DEFENDANT UNITED STATES OF AMERICAS MOTION TO SET ASIDE CLERKS ENTRY OF DEFAULT Defendant United States of Americas Reply Memorandum in Support of Defendant United States of Americas Motion to Set Aside Clerks Entry of Default; COS filed by United States of America. (Moreland Villalon, Natalie)
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Filing 34
REPLY re #18 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT UNITED STATES OF AMERICAS MOTION TO DISMISS PLAINTIFFS COMPLAINT [ECF NO. 1-2] WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION; CERTIFICATE OF SERVICE Defendant United States of Americas Reply Memorandum in Support of Defendant United States of Americas Motion to Dismiss Plaintiffs Complaint [ECF No. 1-2] With Prejudice for Lack of Subject Matter Jurisdiction; COS filed by United States of America. (Moreland Villalon, Natalie)
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Filing 33
EO: On 1/30/2023, Plaintiff Douglas Hirano ("Plaintiff") filed [ECF #31 ] Motion for Default Judgement Against Defendant Kate McClory ("Motion"). The Court finds this matter suitable for disposition without a hearing. LR7.1(c). The Motion is DENIED. Pursuant to the 11/1/2022 [ECF #16 ] Order Granting Defendant United States of America's Motion to Substitute the United States for Defendants Kate McClory and Randy Cook ("Order"), it is clear that Kate McClory ("McClory") is no longer a party to this action. ECF No. 16. This Order permitted Defendant United States to substitute for then Defendants McClory and Randy Cook. Id. Furthermore, Plaintiff's Motion requests entry of a default judgement against McClory based upon the Clerk's Entry of Default, in the state court proceedings prior to removal. Id.; and Douglas Hirano v. Kate McClory, et al., Civil No. 1CCV-21-0001124, 1CC Dkt. 241. On 11/10/2022, the Defendant United States filed [ECF 17]] Defendant United States of America's Motion to Set Aside Clerk's Entry of Default ("Motion to Set Aside") seeking to set aside the entry of default as to McClory. ECF No. 17. The Motion to Set Aside remains currently pending before Senior District Judge Helen Gillmor. Until the district judge rules on the Motion to Set Aside, the instant Motion is premature and must be denied. Beyond this, even if the district judge were to deny the pending Motion to Set Aside the entry of default as to McClory, since the Defendant United States has been permitted to substitute for McClory, any motion for default judgment concerning McClory would be directed to Defendant United States, not McClory. (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)
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Filing 32
CERTIFICATE OF SERVICE (First Set of Interrogatories and Request for Production of Documents) - by Douglas Hirano. (Attachments: #1 Mailing Envelope)(jni)
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Filing 31
MOTION for Default Judgment Against Defendant Kate McClory; Declaration of Douglas Hirano; Declaration as to Military Service - by Plaintiff Douglas Hirano. (Attachments: #1 Certificate of Service, #2 Mailing Envelope)(jni)
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Filing 30
CERTIFICATE OF SERVICE for First Set of Interrogatories Upon Defendant Randy Cook - by Douglas Hirano (Attachments: #1 Certificate of Service)(eta)
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Filing 29
MOTION for Default Judgment Against Sand Island Treatment Center; Declaration of Douglas Hirano; Declaration as to Military Service - by Plaintiff Douglas Hirano (Attachments: #1 Mailing Documentation)(eta)
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Filing 28
OPPOSITION to #17 Defendant United States of America's MOTION to Set Aside Clerk's Entry of Default; Certificate of Service - filed by Douglas Hirano. (Attachments: #1 Mailing Documentation)(eta)
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Filing 27
OPPOSITION TO DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; DECLARATION OF DOUGLAS HIRANO; CERTIFICATE OF SERVICE re #18 - filed by Douglas Hirano. (Attachments: #1 Declaration of Douglas Hirano, #2 Certificate of Service, #3 Mailing Envelope)(jni)
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Filing 26
Scheduling Conference Statement; Certificate of Service - by Douglas Hirano. (Attachments: #1 Certificate of Service, #2 Mailing Envelope)(jni)
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Filing 25
EO: In light of the motions pending before District Judge Gillmor (Defendant United States of America's ECF #17 Motion to Set Aside Clerk's Entry of Default and ECF #18 Motion to Dismiss for Lack of Jurisdiction), the Court CONTINUES the Telephonic Rule 16 Scheduling Conference set for 1/20/2023 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER to 3/22/2023 at 09:00AM. Scheduling conference statements must be filed by 3/15/2023. 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)
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Filing 24
On December 28, 2022, Plaintiff filed: SECOND MOTION FOR ENLARGEMENT OF TIME (ECF No. 23). Plaintiff continues to request additional time to prepare his responses to Defendant United States of America's Motion to Set Aside Clerk's Entry of Default (ECF No. 17) and Defendant United States of America's Motion to Dismiss Plaintiff's Complaint [ECF No. 1-2] With Prejudice for Lack of Subject Matter Jurisdiction (ECF No. 18). Plaintiff was originally required to file his responses by December 1, 2022. Plaintiff's Second Motion for Enlargement of Time (ECF No. 23) is GRANTED IN PART. Plaintiff's deadline for filing an Opposition to each Motion is extended to Friday, January 20, 2023. Defendant United States of America shall file a Reply to each Opposition on or before Friday, February 3, 2023. (SENIOR JUDGE HELEN GILLMOR)(tl)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)
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Filing 23
Second MOTION for Enlargement of Time; Certificate of Service - by Plaintiff Douglas Hirano (Attachments: #1 Mailing Documentation)(eta)
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Filing 22
EO: On December 5, 2022, Plaintiff filed:MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT UNITED STATES OF AMERICA'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT JUDGMENT (ECF No. #20 )andMOTION FOR ENLARGEMENT OF TIME (ECF No. #21 ) Plaintiff claims that he has been delayed in receiving legal materials due to his recent return to custody, and that he needs more time in order to respond to Defendant United States of America's Motion to Set Aside Clerk's Entry of Default (ECF No. #17 ) and Defendant United States of America's Motion to Dismiss Plaintiff's Complaint [ECF No. 1-2] With Prejudice for Lack of Subject Matter Jurisdiction (ECF No. #18 ).Plaintiff's Motion for Enlargement of Time to Respond to Defendant United States of America's Motion to Set Aside Clerk's Entry of Default Judgment (ECF No. #20 ) and Motion for Enlargement of Time (ECF No. #21 ) are GRANTED IN PART. Plaintiff's deadline for filing an Opposition to each Motion is extended to Thursday, December 22, 2022.Defendant United States of America shall file a Reply to each Opposition on or before Thursday, January 5, 2023. (SENIOR JUDGE HELEN GILLMOR)(rls)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)
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Filing 21
MOTION for Enlargement of Time re #18 - by Plaintiff Douglas Hirano. (Attachments: #1 Certificate of Service, #2 Mailing Envelope)(jni)
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Filing 20
MOTION for Enlargement of Time to Respond to Defendant United States of America's Motion to Set Aside Clerk's Entry of Default Judgment re #17 - by Plaintiff Douglas Hirano. (Attachments: #1 Certificate of Service, #2 Mailing Envelope)(jni)
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Filing 19
EO: On November 10, 2022, Defendant United States of America filed:DEFENDANT UNITED STATES OF AMERICAS MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT (ECF No. #17 ) and DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [ECF NO. 1-2] WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION (ECF No. #18 ).Plaintiff shall file an Opposition to each Motion on or before Thursday, December 1, 2022.Defendant United States of America shall file a Reply to each Opposition on or before Thursday, December 15, 2022.The Court elects to decide Defendant United States of America's Motions without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rls)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)
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Filing 18
MOTION to Dismiss for Lack of Jurisdiction DEFENDANT UNITED STATES OF AMERICAS MOTION TO DISMISS PLAINTIFFS COMPLAINT [ECF NO. 1-2] WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION; CERTIFICATE OF SERVICE Natalie Moreland Villalon appearing for Defendant United States of America (Attachments: #1 Memorandum in Support of Defendant United States of America's Motion to Dismiss Plaintiff's Complaint [ECF No. 1-2] with Prejudice for Lack of Subject Matter Jurisdiction, #2 Declaration of Natalie Moreland Villalon, #3 Exhibit "A", #4 Exhibit "B", #5 Exhibit "C")(Moreland Villalon, Natalie)
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Filing 17
MOTION to Set Aside Default DEFENDANT UNITED STATES OF AMERICAS MOTION TO SET ASIDE CLERKS ENTRY OF DEFAULT Natalie Moreland Villalon appearing for Defendant United States of America (Attachments: #1 Memorandum in Support of Defendant United States of America's Motion to Set Aside Entry of Default, #2 Declaration of Kate McClory, #3 Declaration of Natalie Moreland Villalon, #4 Exhibit "A", #5 Exhibit "B", #6 Exhibit "C")(Moreland Villalon, Natalie)
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Filing 16
ORDER GRANTING DEFENDANT UNITED STATES OF AMERICA'S MOTION TO SUBSTITUTE THE UNITED STATES FOR DEFENDANTS KATE MCCLORY AND RANDY COOK re #10 - Signed by MAGISTRATE JUDGE ROM TRADER on 11/1/2022. Follows oral order of 10/20/2022 Hearing at ECF #15 .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) on 11/2/2022. 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) (jni)
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Filing 15
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE and MOTION HEARING regarding ECF #10 Defendant United States of America's Motion to Substitute the United States for Defendants Kate McClory and Randy Cook ("Motion") held.Discussion had.Motion Hearing:Plaintiff confirms no opposition or response filed in response to Government's Motion.Court construes the Motion as unopposed. Having carefully considered the merits of the instant Motion, within the context of the record, applicable legal authority and arguments of counsel, the Court adopts the arguments and authorities relied upon by the Government, finds good cause, and GRANTS the Motion. Government to prepare and submit order to the Court's orders box at Trader_Orders@hid.uscourts.gov within seven (7) days of this hearing. Court declines to set trial date and deadlines at this time. Government anticipates filing motion to set aside default and motion to dismiss prior to 11/11/2022. Court CONTINUES the Telephonic Rule 16 Scheduling Conference to 1/20/2023 at 9:00 a.m. before Magistrate Judge Trader. Scheduling conference statements must be filed by 1/13/2023. 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.Court encourages Plaintiff to consult resources available on Court's website, including the Federal Rules of Civil Procedure and the Court's Local Rules. (ZOOM / 11:40 - 11:48 a.m.) (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)
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Filing 14
TRANSCRIPT of Proceedings held on 9/19/2022, before Judge Trader. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633, Email Address - maukele@hawaii.rr.com. PP. - 20 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 10/17/2022. Redacted Transcript Deadline set for 10/26/2022. Release of Transcript Restriction set for 12/27/2022. (Cahill, Jesscia)
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Filing 13
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held.Given the posture of the case, the Court declines to set a trial date and deadlines at this time. Court reminds Plaintiff of his responsibilities as a pro se litigant, including compliance with all court rules, dates and deadlines. Court encourages Plaintiff to consult resources available on Court's website, including the Federal Rules of Civil Procedure and the Court's Local Rules. Court also advises Plaintiff of his obligation to communicate and cooperate with counsel in an attempt to explore good faith resolution of issues.Court reminds Plaintiff he is obligated to update the Court concerning his address and telephone number, attend all proceedings, monitor the docket and otherwise, to diligently prosecute this case. Plaintiff is cautioned that failure to attend court proceedings and to diligently prosecute this action may result in appropriate sanctions, including dismissal of this case. Discussion had regarding Government's ECF #10 Motion to Substitute the United States for Defendants Kate McClory and Randy Cook ("Motion"). Plaintiff does not consent to substitution. Court stated inclination to grant the Motion and reminded Plaintiff to file response consistent with the Local Rules.Telephonic Motion Hearing set for 10/20/2022 at 11:45 a.m. before Magistrate Judge Trader to proceed as scheduled, however, Court reserves the right to decide this matter without a hearing.Court CONTINUES the Telephonic Rule 16 Scheduling Conference to 10/20/2022 at 11:45 a.m. before Magistrate Judge Trader. Scheduling conference statements must be filed by 10/13/2022. In the event the Court rules on Motion without a hearing, the Telephonic Rule 16 Scheduling Conference will nonetheless proceed on 10/20/2022.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.(ZOOM / 8:59 - 9:21 a.m.) (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)
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Filing 12
EO: #10 MOTION to Substitute Party for Defendants Kate McClory and Randy Cook to the United States; Certificate of Service. Telephonic Motion Hearing is set for 10/20/2022 at 11:45 AM before MAGISTRATE JUDGE ROM TRADER. 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.The Court requires the parties to provide mandatory chambers copies pursuant to Local Rule 10.3. The parties may 1) mail the mandatory copies as permitted under Local Rule 10.3(c)(2), 2) drop off the copies at the overnight drop box located outside the court house, or 3) drop off the copies at the Clerk's Office. (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)
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Filing 11
Scheduling Conference Statement by Randy Cook, Kate McClory. (Moreland Villalon, Natalie)
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Filing 10
MOTION to Substitute Party for Defendants Kate McClory and Randy Cook to the United States; Certificate of Service Natalie Moreland Villalon appearing for Defendants Randy Cook, Kate McClory (Attachments: #1 Memorandum in Support of Motion to Substitute the United States for Defendants Kate McClory and Randy Cook)(Moreland Villalon, Natalie)
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Filing 9
ORDER DENYING WITHOUT PREJUDICE SUBSTITUTION OF UNITED STATES OF AMERICA FOR DEFENDANTS KATE MCCLORY AND RANDY COOK PURSUANT TO FRCP RULE 17(A)(2) - Signed by MAGISTRATE JUDGE ROM TRADER on 8/26/2022. (jo)COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail on August 29, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the (NEF).
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Filing 8
WRIT OF CERTIORARI TO THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII Issued (jo) COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail on August 26, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the (NEF).
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Filing 7
ORDER DIRECTING CLERK TO ISSUE WRIT OF CERTIORARI re: #5 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/26/2022. (jo)COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail on August 26, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the (NEF).
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Filing 6
ORDER OF RECUSAL - Signed by JUDGE JILL A. OTAKE on 8/17/2022. JUDGE JILL A. OTAKE recused. Case reassigned to SENIOR JUDGE HELEN GILLMOR for all further proceedings. Please reflect new case number CV 22-00378 HG-RT on all further filings . (eta)COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 18, 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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Filing 5
APPLICATION for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the First Circuit, State of Hawaii ; COS by Randy Cook, Kate McClory. (Moreland Villalon, Natalie)
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 9/19/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/16/2022. (Attachments: #1 Memo Re: Corporate Disclosures)COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail to the address of record listed on the (NEF) on 8/16/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
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Filing 3
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00378 JAO-RT on all further pleadings. COURT'S CERTIFICATE OF SERVICE - Douglas Hirano shall be served by First Class Mail to the address of record listed on the (NEF) on 8/16/2022. (jni)
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Filing 2
CIVIL Cover Sheet by Randy Cook, Kate McClory. (Moreland Villalon, Natalie)
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Filing 1
NOTICE OF REMOVAL by Kate McClory, Randy Cook ; COS from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-21-0001124., filed by Kate McClory, Randy Cook. (Attachments: #1 Certificate of Rachel S. Moriyama, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Moreland Villalon, Natalie)
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