Arellano v. Adams-Warnock
| Debra Arellano, Michael Joseph Warnock, Sr., Michael Joseph Warnock, III, Roe Estate, John and Jane Roes 1-10 and Other Roe Entities 1-10 |
| Misty Ann Adams-Warnock, Wayne H. Adams, John and Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10 and Other Doe Entities 1-10 |
| 1:2022cv00384 |
| August 22, 2022 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| ROM TRADER |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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| Filing 16 CLERK'S JUDGMENT IN A CIVIL CASE entered on 9/27/2022 pursuant to ECF No. #15 MINUTE ORDER.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). (jni) |
| Filing 15 EO: On August 22, 2022, Plaintiffs filed a Complaint. (ECF No. #1 ).Federal courts are courts of limited jurisdiction. A review of the Complaint demonstrates that the Court lacks subject-matter jurisdiction over the Complaint. Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) (explaining that courts can raise lack of subject-matter jurisdiction sua sponte and have an independent obligation to determine whether subject-matter jurisdiction exists).There is no federal question pled in the Complaint. The Complaint alleges that the Court has subject-matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. (Id. at 2).Pursuant to Section 1332, a federal court has subject-matter jurisdiction based on diversity when there is complete diversity of citizenship between the parties, and the amount in controversy exceeds $75,000. 28 U.S.C. 1332(a); Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). A review of the Complaint demonstrates that the Court lacks subject-matter jurisdiction based on diversity. There is not complete diversity of citizenship of the Parties pled in the Complaint. The Complaint asserts there is a Plaintiff who is from the same state as both Defendants. Plaintiff Michael Joseph Warnock, Sr. is a resident of Citrus County, Florida. (Complaint at 5, ECF No. 1). Defendants Misty Ann Adams-Warnock and Wayne H. Adams are also residents of Citrus County, Florida. (Id. at 7). The diversity jurisdiction statute, 28 U.S.C. 1332, speaks of citizenship, not residency. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001). The Court liberally construes the Complaint to consider the Parties' residence as their citizenship. There is no representation of complete diversity to establish subject-matter jurisdiction.Complete diversity requires that every plaintiff be a citizen of a different state from every defendant. Grancare, LLC v. Thrower ex rel. Mills, 889 F.3d 543, 548 (9th Cir. 2018). The Complaint demonstrates that Plaintiff Warnock, Sr. and both Defendants are all citizens of Florida.The case is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). Dismissal is without leave to amend as amendment would be futile. Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). (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) |
| Filing 14 EO: The Telephonic Rule 16 Scheduling Conference set for 10/17/2022 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 12/14/2022 at 09:00AM. Scheduling conference statements must be filed by 12/7/2022.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 13 MOTION to Dismiss the Complaint for Improper Venue; Certificate of Service - by Defendants Misty Ann Adams-Warnock, Wayne H. Adams. (jni) |
| Filing 12 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filings by Email - by Wayne H. Adams (Attachments: #1 Technical Guide for Using Notices of Electronic Filing)COURT'S CERTIFICATE OF SERVICE - 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). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).(jni) |
| Filing 11 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filings by Email - by Misty Ann Adams-Warnock (Attachments: #1 Technical Guide for Using Notices of Electronic Filing)(jni) |
| COURT'S CERTIFICATE of Service - a copy of #11 Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filings by Email was served to Misty Ann Adams-Warnock by email to the address of record on 9/20/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 10 ENTRY OF DEFAULT [by Clerk] re #9 as to Wayne H. Adams, Misty Ann Adams-Warnock (eta) |
| Filing 9 Ex Parte Request to Clerk for Entry of Default; Declaration of Counsel; (Proposed) Entry of Default by Debra Arellano, Michael Joseph Warnock, Sr., Michael Joseph Warnock, III (Luiz, Shawn) Modified on 9/16/2022 (eta). |
| Filing 8 SUMMONS Returned Executed by Debra Arellano. Wayne H. Adams served on 8/24/2022. (Luiz, Shawn) |
| Filing 7 SUMMONS Returned Executed by Debra Arellano. Misty Ann Adams-Warnock served on 8/24/2022. (Luiz, Shawn) |
| Filing 6 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)(eta) |
Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/17/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/22/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 4 Summons Issued as to All Defendants. (eta) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00384 HG-RT on all further pleadings. (eta) |
| Filing 2 NOTICE of Lis Pendens by Debra Arellano Debra Arellano., Michael Joseph Warnock, Sr., Michael Joseph Warnock, III (Luiz, Shawn) Modified on 8/22/2022 (jo) |
| Filing 1 COMPLAINT ; Demand for Jury Trial against Misty Ann Adams-Warnock ( Filing fee $ 402 receipt number AHIDC-2724350.), filed by Debra Arellano. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Jury Demand, #3 Exhibit (Proposed) Summons)(Luiz, Shawn) Modified on 8/22/2022 (eta). |
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