Marinelli v. QBE Specialty Insurance Company
| Paul Marinelli |
| QBE Specialty Insurance Company |
| 1:2022cv00391 |
| August 24, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 27 EO: The Telephonic Rule 16 Scheduling Conference IS CONVERTED to a Telephonic Status Conference for the same date and time of October 24, 2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our NEW ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 26 EP: Motions hearing re: #11 Motion for Preliminary Injunction; and #14 Motion to Dismiss for failure to State a Claim held via Video Conference("VTC").The court and parties appeared by VTC.By noon on October 27, 2022, the parties shall let the court know if they have a preference on which Magistrate Judge they would like to use for settlement.Oral arguments heard. #11 Motion for Preliminary Injunction-TAKEN UNDER ADVISEMENT. #14 Motion to Dismiss for failure to State a Claim-TAKEN UNDER ADVISEMENT.Court to issue a written order. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl) |
| Filing 25 REPLY to Response to Motion re #11 MOTION for Preliminary Injunction Plaintiff Paul Marinelli's Reply in Further Support of His Motion For Preliminary Injunction filed by Paul Marinelli. (Attachments: #1 Certificate of Service)(Muzzi, Christopher) |
| Filing 24 REPLY re #14 MOTION to Dismiss for failure to State a Claim filed by QBE Specialty Insurance Company. (Attachments: #1 Certificate of Service)(Koanui-Kong, Kamalolookalani) |
Filing 23
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to John E. Howell, Esq. re #21 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/3/2022.Attorney John E. Howell added Pro Hac Vice for Defendant. (jni)
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Kimberly M. Melvin, Esq. re #20 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/3/2022.Attorney Kimberly M. Melvin added Pro Hac Vice for Defendant. (jni)
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| Filing 21 MOTION FOR PRO HAC VICE re #19 [John E. Howell, Esq.] Filing fee $ 300. filed by QBE Specialty Insurance Company by QBE Specialty Insurance Company . (Gallagher, J.) Modified docket text and event type to motion for pro hac vice on 10/3/2022. (cib). |
| Filing 20 MOTION for Pro Hac Vice [Kimberly M. Melvin, Esq.] Filing fee $ 300.J. Patrick Gallagher appearing for Defendant QBE Specialty Insurance Company (Gallagher, J.) |
| Filing 19 Unsigned MOTION for Pro Hac Vice [John E. Howell, Esq.] Filing fee $ 300. J. Patrick Gallagher appearing for Defendant QBE Specialty Insurance Company (Gallagher, J.) Filer notified the Clerk's Office that the unsigned version of the document was inadvertently submitted. Please see ECF No. #21 for the signed version of the same document. (jni) |
| Filing 18 MEMORANDUM in Opposition re #14 MOTION to Dismiss for failure to State a Claim filed by Paul Marinelli. (Attachments: #1 Declaration of Christopher J. Muzzi, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Muzzi, Christopher) |
| Filing 17 MEMORANDUM in Opposition re #11 MOTION for Preliminary Injunction filed by QBE Specialty Insurance Company. (Attachments: #1 Declaration of John E. Howell, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Koanui-Kong, Kamalolookalani) |
| Filing 16 EO: #14 MOTION to Dismiss for failure to State a Claim. The date for the Motion Hearing by Video Conference has been changed from 10/25/2022 to 10/20/2022 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (JUDGE SUSAN OKI MOLLWAY)(tl) |
| Filing 15 NOTICE of Hearing on Motion #14 MOTION to Dismiss for failure to State a Claim. Motion Hearing by Video Conference is set for 10/25/2022 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (tl) |
| Filing 14 MOTION to Dismiss for failure to State a Claim Kamalolookalani K. Koanui-Kong appearing for Defendant QBE Specialty Insurance Company (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Certificate of Service)(Koanui-Kong, Kamalolookalani) |
| Filing 13 SUMMONS Returned Executed by Paul Marinelli. QBE Specialty Insurance Company served on 9/7/2022. (Muzzi, Christopher) |
| Filing 12 EO: On September 8, 2022, Plaintiff Paul Marinelli filed a motion for preliminary injunction, ECF No. 11. The court sets that motion for hearing by video on October 20, 2022 at 10:00 a.m. Any opposition and reply shall be filed in accordance with this court's local rules. The hearing will not include live testimony unless that is requested in writing by September 15, 2022, and the request identifies the exact issue(s) for which evidence is necessary.(tl) |
| Filing 11 MOTION for Preliminary Injunction Christopher J. Muzzi appearing for Plaintiff Paul Marinelli (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of Darryl P. Rains, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Muzzi, Christopher) |
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Filing 10
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LAUREN GAMBIER re: #3 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/29/2022. LAUREN GAMBIER, ESQ. (Firm: Morrison & Foerster LLP) added as attorney Pro Hac Vice as to Plaintiff Paul Marinelli (jo)
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Filing 9
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DAVID R. FERTIG re: #2 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/29/2022. DAVID R. FERTIG, ESQ. (Firm: Morrison & Foerster LLP) added as attorney Pro Hac Vice as to Plaintiff Paul Marinelli (jo)
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| Filing 8 SUMMONS Returned Executed by Paul Marinelli. QBE Specialty Insurance Company served on 8/26/2022. (Muzzi, Christopher) |
| 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)(eta) |
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Filing 6
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 10/24/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/25/2022. (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 5 Summons Issued as to QBE Specialty Insurance Company. (eta) |
| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00391 SOM-KJM on all further pleadings. (eta) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Documents #2 and #3 MOTION[s] for Pro Hac Vice require the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo) |
| Filing 3 MOTION for Pro Hac Vice for Lauren M. Gambier Filing fee $ 300, receipt number AHIDC-2726451.Christopher J. Muzzi appearing for Plaintiff Paul Marinelli (Muzzi, Christopher) |
| Filing 2 MOTION for Pro Hac Vice for David R. Fertig Filing fee $ 300, receipt number AHIDC-2726450.Christopher J. Muzzi appearing for Plaintiff Paul Marinelli (Muzzi, Christopher) |
| Filing 1 COMPLAINT against QBE Specialty Insurance Company ( Filing fee $ 402 receipt number AHIDC-2726447.), filed by Paul Marinelli. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Main Document Demand for Jury Trial, #11 Main Document Summons, #12 Civil Cover Sheet Civil Cover Sheet)(Muzzi, Christopher) |
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