Garcia et al v. State of Hawaii et al
| Paul Allen Garcia, Kirah-Shantel Garcia and Keane Bobby Braun |
| State of Hawaii, Judge Kathleen Watanabe, Jonathan J. Chun, Lorna A. Nishimitsu, Belles Graham LLP, Peter T. Stone, Daisy Lynn B. Hartsfield, Anya M. Perez, Jenny J.N.A. Nakamoto, Sun Young Park, Robin Lyn Miller, Stephan J. Trimble, Keoni Wayne Souza, TMLF Hawaii LLLC, PennyMac Corp., Gary Victor Dubin, Dubin Law Offices, Ken Ohara, David McAllister, Daniel Alan Ross, Zachary K. Kondo, Aldridge Pite LLP, Hill Wallack LLP, SN Servicing Corporation, Eric A. Braun, 1900 Capital Trust III by U.S. Bank Trust National Association, Association of Apartment Owners of Kawaikini Estates, Asset Acceptance, Capital One, N.A., Title Guaranty of Hawaii, Honolulu Information Service Inc. doing business as HonInfo, Fidelity National Title Insurance Company, Brooks R. Braun, Robert L. Soares, Jr., Derek W.C. Wong, County of Kauai, Department of Water and Randal G.B. Valenciano |
| 1:2022cv00432 |
| September 30, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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| Filing 121 CLERK'S JUDGMENT entered on 7/10/2023 pursuant to ECF #120 ORDER DISMISSING ACTION. 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 7/11/2023. 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) |
Filing 120
ORDER DISMISSING ACTION - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/10/2023. Plaintiffs have failed to identify any basis to amend their federal claims to cure the defects identified in the court's June 21, 2023 Order. Thus, the court dismisses the remaining federal claims- 1983 and RICO-with prejudice. See, e.g., Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) ("Although leave to amend should be given freely, a district court may dismiss without leave where a plaintiff's proposed amendments would fail to cure the pleading deficiencies and amendment would be futile."). The court declines supplemental jurisdiction over the remaining state law claims pursuant to 28 U.S.C. 1367(c)(3) and DISMISSES those claims without prejudice to refiling in state court. See Garcia, 2023 WL 4106297 at *9 (informing Plaintiffs that, if the court declines leave to amend the federal claims, the court would dismiss the state law claims without prejudice). The Clerk of Court shall close the case file. 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 7/11/2023. 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 119 MOTION TO STRIKE ORDER GRANTING MOTIONS TO DISMISS AND JOINDERS ; DECLARATION SUPPORTING MOTION TO STRIKE ORDER GRANTING MOTIONS TO DISMISS AND JOINDERS - by Plaintiffs Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun. (Attachments: #1 Proof of Service)(jni) |
| Filing 118 PLAINTIFFS MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING; MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING; ORDER GRANTING MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADINGS, CERTIFICATE OF SERVICE - filed by Plaintiffs Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun. (Attachments: #1 (Proposed) Order Granting Plaintiffs Motion for Leave to File Supplemental Pleadings, #2 Proof of Service)(jni) |
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Filing 117
ORDER Denying Plaintiffs' "Motion for Noting and Entry of Default Against Certain Parties Operates Against All Parties Listed in the Annexed List and Who Have Not Timely Answered Nor Responded in the Action" (Re #98 ). Signed by JUDGE J. MICHAEL SEABRIGHT on 6/22/2023. (mdc) 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 Notices of Electronic Filing (NEFs). Pro se (non-prisoner) litigants that have consented to receive documents and NEFs by e-mail, have been served electronically at the e-mail address listed on the NEF.
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Filing 116
ORDER (1) GRANTING VARIOUS DEFENDANTS' MOTIONS TO DISMISS, ECF NOS. 68, 86, 88, AND 91; AND (2) GRANTING JOINDERS IN VARIOUS DEFENDANTS' MOTIONS TO DISMISS, ECF NOS. 69, 71, 73, 84, 85, 89, AND 108 - Signed by JUDGE J. MICHAEL SEABRIGHT on 6/21/2023. The State of Hawaii, Judges Watanabe and Valenciano, and Commissioner Chun are DISMISSED without leave to amend, and the FARA claim is likewise DISMISSED without leave to amend. As set forth above, Plaintiffs are granted leave to file a supplemental memorandum of no more than ten pages explaining how they could file a Third Amended Complaint to state a claim under 1983 or RICO, and how either of those claims would relate to each separate Defendant. After reviewing Plaintiffs' supplemental memorandum, the court will determine whether to permit Plaintiffs to file a Third Amended Complaint. COURT'S CERTIFICATE OF SERVICE - Paul Allen Garcia, Keane Bobby Braun and Kirah-Shantel Garcia shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 22, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). (jni)
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| Filing 115 OPPOSITION IN RESPONSE to Title Guaranty, Fidelity National, TMLF Hawaii LLLC, The Mortgage Law Firm, Honolulu Information Services, SN Servicing, PennyMac, The State of Hawaii, Motion to Dismiss Amended Complaint and Aldridge Pite LLP, Ken Ohara, Zachary K. Kondo, David McCallister, Joinders, Certificate of Service; "Exhibits A-F" - filed by Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun. (Attachments: #1 Exhibit "A", #2 Exhibit "A1", #3 Exhibit "A2", #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit "B", #16 Exhibit "C", #17 Exhibit "D", #18 Exhibit "E", #19 Exhibit "F")(jni) |
| Filing 114 EO: In light of the #111 Order of Recusal and reassignment of this case, the Status Conference set for 7/10/2023 is VACATED. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Paul Allen Garcia, Keane Bobby Braun and Kirah-Shantel Garcia shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 8, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 113 STATEMENT OF FACTS IN RESPONSE TO ASSOCIATION OF APARTMENT OWNERS OF KAWAIKINI ESTATES AND SAIVA SIDDHANTA MOTION TO DISMISS AND REPLY TO AMENDED COMPLAINT REQUESTING A MORE DEFINITE ANSWER; CERTIFICATE OF SERVICE; "EXHIBITS A-D" - filed by Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(jni) |
| Filing 112 STATEMENT OF FACTS IN RESPONSE TO COUNTY OF KAUAI DEPARTMENT OF WATER MOTION TO DISMISS AND REPLY TO AMENDED COMPLAINT REQUESTING A MORE DEFINITE ANSWER; CERTIFICATE OF SERVICE; "EXHIBITS A-D" re #86 - filed by Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(jni) |
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Filing 111
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/6/2023. MAGISTRATE JUDGE KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further pretrial proceedings. Please reflect new case number CV 22-00432 JMS-WRP on all further filings . (eta)COURT'S CERTIFICATE OF SERVICE - Paul Allen Garcia, Keane Bobby Braun and Kirah-Shantel Garcia shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 7, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). Modified on 6/7/2023 (eta).
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| Filing 110 MEMORANDUM in Opposition re #98 MOTION for Noting and Entry of Default Against Certain Parties filed by Asset Acceptance. (Attachments: #1 Declaration of David J. Minkin, #2 Certificate of Service)(Minkin, David) |
| Filing 109 Corporate Disclosure Statement by Asset Acceptance identifying Corporate Parent Encore Capital Group, Inc., Other Affiliate Midland Credit Management, Inc. for Asset Acceptance.. (Attachments: #1 Certificate of Service)(Minkin, David) |
| Filing 108 MOTION for Joinder re #91 MOTION to Dismiss First Amended Complaint [Dkt 11] & Second Amended Complaint [Dkt 18] David J. Minkin appearing for Defendant Asset Acceptance (Attachments: #1 Declaration of David J. Minkin, #2 Certificate of Service)(Minkin, David) |
| Filing 107 NOTICE of Appearance by Jordan K. Inafuku on behalf of Asset Acceptance on behalf of Asset Acceptance. (Inafuku, Jordan) |
| Filing 106 NOTICE of Appearance by David J. Minkin on behalf of Asset Acceptance on behalf of Asset Acceptance. (Minkin, David) |
| Filing 105 RESPONSE to Motion re #98 MOTION for Noting and Entry of Default Against Certain Parties filed by Robin Lyn Miller, Jenny J.N.A. Nakamoto, Sun Young Park, SN Servicing Corporation, Peter T. Stone, TMLF Hawaii LLLC, Stephan J. Trimble. (Attachments: #1 Certificate of Service Certificate of Service for Response to Motion for Default)(Prather, Charles) |
| COURT'S CERTIFICATE of Service - a copy of #111 ORDER OF RECUSAL shall be served by First Class Mail to Paul Allen Garcia, Keanne Bobby Braun and Kirah-Shantel Garcia at the address of record on June 7, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 104 MOTION for Joinder re #98 MOTION for Noting and Entry of Default Against Certain Parties DEFENDANT COUNTY OF KAUAI - DEPARTMENT OF WATERS JOINDER IN DEFENDANTS FIDELITY NATIONAL TITLE INSURANCE COMPANY AND TITLE GUARANTY OF HAWAII, LLCS MEMORANDUM IN OPPOSITION Andrew Scott Michaels appearing for Defendant County of Kauai, Department of Water (Attachments: #1 Certificate of Service)(Michaels, Andrew) |
| Filing 103 REPLY re #94 Response to Motion,, #91 MOTION to Dismiss First Amended Complaint [Dkt 11] & Second Amended Complaint [Dkt 18], #98 MOTION for Noting and Entry of Default Against Certain Parties filed by PennyMac Corp.. (Attachments: #1 Certificate of Service Certificate of Service)(Bird, Michael) |
| Filing 102 MEMORANDUM in Opposition re #98 MOTION for Noting and Entry of Default Against Certain Parties filed by Aldridge Pite LLP. (Moyer, Justin) |
| Filing 101 REPLY re #94 Response to Motion,, #86 MOTION to Dismiss Amended Complaint Filed March 14,,2023 filed by County of Kauai, Department of Water. (Attachments: #1 Certificate of Service)(Michaels, Andrew) |
| Filing 100 MEMORANDUM in Opposition to Plaintiff's "Motion for Noting and Entry of Default Against Certain Parties Operates Against All Parties Listed in the Annexed List and Who Have Not Timely Answered Nor Responded in the Action", Filed May 24, 2023 [Dkt. 98] filed by Title Guaranty of Hawaii. (Attachments: #1 Certificate of Service)(Toyomura, Ryan) |
| Filing 99 MEMORANDUM in Opposition filed by Association of Apartment Owners of Kawaikini Estates. (Attachments: #1 Certificate of Service)(Mannisto, Matthew) |
| Filing 98 MOTION for Noting and Entry of Default Against Certain Parties Operates Against all Parties Listed in the Annexed List and Who Have Not Timely Answered Nor Responded in the Action; Certificate of Service - by Plaintiffs Kirah-Shantel Garcia, Paul Allen Garcia. (Attachments: #1 Annexed List, #2 Proof of Service)(jni) |
| Filing 97 EO: The court VACATES the May 22, 2023 motions hearing on ECF Nos. #68 , #69 , #71 , #73 , #84 , and #85 and briefing on these motions is closed. Plaintiffs' opposition(s) to the Motions to Dismiss filed by Defendants County of Kauai, Department of Water, ECF No. #86 , Defendants Jonathan J. Chun, State of Hawaii, Kathleen Watanabe, ECF No. #88 , the Joinder thereto filed by Defendant Randal G.B. Valenciano, ECF No. #89 , and Defendant PennyMac Corp., ECF No. #91 , are due May 24, 2023; optional replies are due May 31, 2023. Unless ordered by the court after review of the briefing, the matter will be determined without a hearing under Local Rule 7.1(c). (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 96 REPLY Defendants Fidelity National Title Insurance Company and Title Guaranty of Hawaii, LLC's Reply to (1) Plaintiffs Reply to Defendant Fidelity National Title Insurance Company and Title Guaranty of Hawaii, LLC Motion to Dismiss; Extension Request, Filed on May 1, 2013 [Dkt. 87]; and (2) Plaintiffs Reply to Defendants Fidelity National Title Insurance Company and Title Guaranty of Hawaii, LLC Motion to Dismiss; County of Kauai Motion to Dismiss; AOAO of Kawaikini Estates and Aiva Siddhantha Joinder; SN Servicing Corporation's Joinder; Ken Ohara, David McAllister, Zachary K. Kondo, Aldridge Pite, LLP's Joinder; TMLF Hawaii LLLC, Peter T. Stone, Jenny J.N.A. Nakamoto, Sun Young Park, Robin Lyn Miller, Stephen J. Trimble, Jason Cotton, Esq., The Mortgage Law Firm Joinder; Extension Request [Dkt. 94] filed by Fidelity National Title Insurance Company, Title Guaranty of Hawaii. (Attachments: #1 Certificate of Service)(Toyomura, Ryan) |
| Filing 95 REPLY to Response to Motion re #69 MOTION for Joinder re #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 filed by Association of Apartment Owners of Kawaikini Estates. (Attachments: #1 Certificate of Service)(Mannisto, Matthew) |
| Filing 94 PLAINTIFFS REPLY TO DEFENDANTS FIDELITY NATIONAL TITLE INSURANCE COMPANY AND TITLE GUARANTY OF HAWAII, LLC MOTION TO DISMISS; COUNTY OF KAUAI MOTION TO DISMISS; ASSOCIATlON OF APARTMENT OWNERS OF KAWAIKINI ESTATES AND SAIVA SIDDHANTHA JOINDER; SN SERVICING CORPORATION'S JOINDER; KEN OHARA, DAVID MCALLISTER, ZACHARY K. KONDO, ALDRIDGE PITE, LLP'S JOINDER; TMLF HAWAII LLLC, PETER T. STONE, JENNY J.N.A. NAKAMOTO, SUN YOUNG PARK, ROBIN LYN MILLER, STEPHEN I. TRIMBLE, JASON COTTON, ESQ., THE MORTGAGE LAW FIRM JOINDER; EXTENSION REQUEST; CERTIFICATE OF SERVICE - filed by Kirah-Shantel Garcia, Paul Allen Garcia.Ref: Lower case 5CC151000158Ref: Lower case 5CCV-23-0000012 (jni) |
| Filing 93 Corporate Disclosure Statement by Honolulu Information Service Inc.. (Attachments: #1 Certificate of Service Certificate of Service)(Sia, Jeffrey) |
| Filing 92 Corporate Disclosure Statement by PennyMac Corp. identifying Corporate Parent PennyMac Operating Partnership, L.P., Other Affiliate Pennymac Mortgage Investment Trust for PennyMac Corp... (Bird, Michael) |
| Filing 91 MOTION to Dismiss First Amended Complaint [Dkt 11] & Second Amended Complaint [Dkt 18] Michael C. Bird appearing for Defendant PennyMac Corp. (Attachments: #1 Memorandum In Support, #2 Declaration of Michael C. Bird, #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)(Bird, Michael) |
| Filing 90 NOTICE of Hearing on Motions - Motions for Joinder re #68 Motion to Dismiss Amended Complaint, Filed March 14, 2023 (ECF Nos. #84 and #85 ) are set for 05/22/2023 at 10:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. (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 (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 89 MOTION for Joinder re #88 MOTION to Dismiss with Prejudice First Amended Complaint, filed on February 9, 2023 , MOTION to Dismiss Second Amended Complaint, filed on March 9, 2023 Robyn B. Chun appearing for Defendant Randal G.B. Valenciano (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Chun, Robyn) |
| Filing 88 MOTION to Dismiss with Prejudice First Amended Complaint, filed on February 9, 2023 Robyn B. Chun appearing for Defendants Jonathan J. Chun, State of Hawaii, Kathleen Watanabe (Attachments: #1 Memorandum in Support, #2 Declaration of Robyn B. Chun, #3 Exhibit "A", #4 Certificate of Compliance, #5 Certificate of Service)(Chun, Robyn) |
| Filing 87 Plaintiffs REPLY TO DEFENDANT FIDELITY NATIONAL TITLE INSURANCE COMPANY AND TITLE GUARANTY OF HAWAII, LLC MOTION TO DISMISS; EXTENSION REQUEST, CERTIFICATE OF SERVICE re #68 - filed by Kirah-Shantel Garcia, Paul Allen Garcia.Ref: Lower case 5CC151000158Ref: Lower case 5CCV-23-0000012 (jni) |
| Filing 86 MOTION to Dismiss Amended Complaint Filed March 14,,2023 Andrew Scott Michaels appearing for Defendant County of Kauai, Department of Water (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Certificate of Service)(Michaels, Andrew) |
| Filing 85 MOTION for Joinder re #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 Jeffrey H.K. Sia appearing for Defendant Honolulu Information Service Inc. (Attachments: #1 Declaration of Jeffrey H. K. Sia, #2 Certificate of Service)(Sia, Jeffrey) |
| Filing 84 MOTION for Joinder re #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 Charles R. Prather appearing for Defendants Robin Lyn Miller, Jenny J.N.A. Nakamoto, Sun Young Park, Peter T. Stone, TMLF Hawaii LLLC, Stephan J. Trimble (Attachments: #1 Certificate of Service Certificate of Service for Joinder to Motion to Dismiss)(Prather, Charles) |
| Filing 83 Corporate Disclosure Statement by TMLF Hawaii LLLC. (Attachments: #1 Certificate of Service Certificate of Service for Corporate Disclosure Statement)(Prather, Charles) |
| Filing 82 CORRECTED 81 EO: Given the pending #69 and #71 Joinders and #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023, the Telephonic STATUS CONFERENCE previously set for 04/24/2023 IS CONTINUED TO 07/10/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 07/03/2023.Parties are to participate via telephone through our 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)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). A courtesy email of this Notice of Electronic Filing (NEF) was sent to Pro Se Plaintiffs Paul Allen Garcia and Kirah-Shantel Garcia at the verified email address of kauaivacationclub@gmail.com and to Pro Se Plaintiff Keane Bobby Braun at the verified email address of kaleokb@yahoo.com on 04/24/2023. |
| Filing 81 EO: Given the pending #69 and #71 Joinders and #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023, the Telephonic Rule 16 Scheduling Conference previously set for 04/24/2023 IS CONTINUED TO 07/21/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 07/14/2023.Parties are to participate via telephone through our 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)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). A courtesy email of this Notice of Electronic Filing (NEF) was sent to Pro Se Plaintiffs Paul Allen Garcia and Kirah-Shantel Garcia at the verified email address of kauaivacationclub@gmail.com and to Pro Se Plaintiff Keane Bobby Braun at the verified email address of kaleokb@yahoo.com on 04/21/2023. |
| Filing 80 WAIVER OF SERVICE Returned Executed by Honolulu Information Service Inc.. Honolulu Information Service Inc. waiver sent on 3/31/2023, answer due 5/30/2023. (Sia, Jeffrey) |
| Filing 79 CERTIFICATE OF SERVICE by County of Kauai, Department of Water [Appearance of Counsel] (Michaels, Andrew) |
| Filing 78 NOTICE of Appearance by Andrew Scott Michaels on behalf of County of Kauai, Department of Water on behalf of County of Kauai, Department of Water. (Michaels, Andrew) |
| Filing 77 CERTIFICATE OF SERVICE by County of Kauai, Department of Water [Waiver of the Service of Summons] (Michaels, Andrew) |
| Filing 76 WAIVER OF SERVICE Returned Executed by County of Kauai, Department of Water. County of Kauai, Department of Water waiver sent on 3/7/2023, answer due 5/8/2023. (Michaels, Andrew) |
| Filing 75 EO: Defendants Fidelity National Title Insurance Company and Title Guaranty of Hawaii, LLC's Motion to Dismiss Amended Complaint, ECF No. #68 , Defendant Association of Apartment Owners of Kawaikini Estates' Joinder, ECF No. #69 , Defendant SN Servicing Corporation's Joinder, ECF No. #71 , and Defendants Ohara, McAllister, Kondo, and Aldridge Pite, LLP's Joinder, ECF No. #73 , are set for hearing on May 22, 2023, 10:00 a.m., in Aha Kaulike before the Honorable J. Michael Seabright. Plaintiffs' Opposition is due by May 1, 2023, and Defendants' optional Replies are due by May 8, 2023. (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 74 Corporate Disclosure Statement by Aldridge Pite LLP. (Moyer, Justin) |
| Filing 73 MOTION for Joinder DEFENDANTS KEN OHARA, DAVID MCALLISTER, ZACHARY K. KONDO, AND ALDRIDGE PITE, LLPS JOINDER IN DEFENDANTS FIDELITY NATIONAL TITLE INSURANCE COMPANY AND TTLE GUARANTY OF HAWAII, LLCS MOTION TO DISMISS AMENDED COMPLAINT, FILED MARCH 14, 2023; CERTIFICATE OF SERVICE Justin S. Moyer appearing for Defendant Aldridge Pite LLP (Moyer, Justin) |
| Filing 72 AMENDED CERTIFICATE OF SERVICE DOCUMENT by Fidelity National Title Insurance Company, Title Guaranty of Hawaii. Amended Certificate of Service Re: Defendants Fidelity National Title Insurance Co. and Title Guaranty of Hawaii, LLC's Motion to Dismiss Amended Complaint, Filed Mar. 14, 2023, Filed April 5, 2023 [Dkt. 68]. (Toyomura, Ryan) Modified on 4/13/2023 (jni) |
| Filing 71 MOTION for Joinder re #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 Charles R. Prather appearing for Defendant SN Servicing Corporation (Attachments: #1 Certificate of Service Certificate of Service for Joinder to Motion to Dismiss)(Prather, Charles) |
| Filing 70 Corporate Disclosure Statement by SN Servicing Corporation. (Attachments: #1 Certificate of Service Certificate of Service for Corporate Disclosure Statement)(Prather, Charles) |
| Filing 69 MOTION for Joinder re #68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 Matthew Dennis Mannisto appearing for Defendant Association of Apartment Owners of Kawaikini Estates (Attachments: #1 Certificate of Service)(Mannisto, Matthew) |
| Filing 68 MOTION to Dismiss Amended Complaint, Filed March 14, 2023 Ryan Mitsuo Toyomura appearing for Defendants Fidelity National Title Insurance Company, Title Guaranty of Hawaii (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Certificate of Service)(Toyomura, Ryan) |
| Filing 67 Corporate Disclosure Statement by Fidelity National Title Insurance Company, Title Guaranty of Hawaii. (Attachments: #1 Certificate of Service)(Toyomura, Ryan) |
| ADVISORY ENTRY-Incorrect Attorney Filer- Please be advised that Documents #67 Corporate Disclosure Statement, and #68 Motion to Dismiss was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (jni) |
| Filing 66 WAIVER OF SERVICE Returned Executed by PennyMac Corp.. PennyMac Corp. waiver sent on 3/4/2023, answer due 5/3/2023. (Bird, Michael) |
| Filing 65 CERTIFICATE OF SERVICE (Answer to Amended Complaint (Dkt. 64)) by Association of Apartment Owners of Kawaikini Estates (Mannisto, Matthew) Modified on 4/3/2023 (jni) |
| Filing 64 ANSWER to #18 Amended Complaint,, by Association of Apartment Owners of Kawaikini Estates. (Attachments: #1 Certificate of Service)(Mannisto, Matthew) |
| Filing 63 NOTICE of Appearance by Ryan Mitsuo Toyomura on behalf of Fidelity National Title Insurance Company, Title Guaranty of Hawaii on behalf of Fidelity National Title Insurance Company, Title Guaranty of Hawaii. (Attachments: #1 Certificate of Service)(Toyomura, Ryan) |
| COURT'S CERTIFICATE of Service - a copy of Advisory Entry shall be served by First Class Mail to the addresses of record on 3/24/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| ADVISORY ENTRY-Please be advised that Document #62 Notice of Appearance, reflects the appearance of more than one attorney. To ensure that all counsel are properly associated to the docket, it is recommended that individual Notices of Appearance be filed by each attorney using their respective CM/ECF login credentials. (jni) |
| Filing 62 NOTICE of Appearance by Kevin W. Herring on behalf of Fidelity National Title Insurance Company, Title Guaranty of Hawaii on behalf of Fidelity National Title Insurance Company, Title Guaranty of Hawaii. (Attachments: #1 Certificate of Service)(Herring, Kevin) |
| Filing 61 EP: TELEPHONIC STATUS CONFERENCE on 3/22/2023. Court cautions plaintiffs that each party represents themselves and therefore needs to be present for all hearings. Mr. Braun's non-appearance will be allowed today.The Court verifies and Plaintiffs confirms the following contact information:Paul Allen GarciaKirah-Shantel Garcia4441 Rice Street, Unit 1568Lihue, HI 96766(808) 651-2583email: kauaivacationclub@gmail.comKeane Bobby Braunemail: kaleokb@yahoo.comMs. Garcia provides the Court with service dates as to each defendant. Further Telephonic Status Conference is set for April 24, 2023 at 9:00 a.m. before Magistrate Judge Kenneth J. Mansfield.Parties are to participate via telephone through our 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(Attorneys Kevin W. Herring and Ryan Mitsuo Toyomura for Fidelity National Title Insurance Company and for Title Guaranty of Hawaii added.) (Zoom Tele-Conference 9:30 - 9:46) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). A courtesy email of this Notice of Electronic Filing (NEF) was sent to Pro Se Plaintiffs Paul Allen Garcia and Kirah-Shantel Garcia at the verified email address of kauaivacationclub@gmail.com and to Pro Se Plaintiff Keane Bobby Braun at the verified email address of kaleokb@yahoo.com on March 22, 2023. |
| Filing 60 NOTICE of Appearance by Robyn B. Chun on behalf of Jonathan J. Chun, State of Hawaii, Kathleen Watanabe on behalf of Jonathan J. Chun, State of Hawaii, Kathleen Watanabe. (Chun, Robyn) |
| Filing 59 WAIVER OF SERVICE Returned Executed by State of Hawaii. (Chun, Robyn) |
| Filing 58 WAIVER OF SERVICE Returned Executed by Kathleen Watanabe. Kathleen Watanabe waiver sent on 3/8/2023, answer due 5/8/2023. (Chun, Robyn) |
| Filing 57 WAIVER OF SERVICE Returned Executed by Jonathan J. Chun. Jonathan J. Chun waiver sent on 3/6/2023, answer due 5/5/2023. (Chun, Robyn) |
| Filing 56 AMENDED EO: On February 15, 2023, the court issued ECF No. #14 , an Order Denying Emergency Motion for Temporary Restraining Order, ECF No. #12 . On March 14, 2023, Plaintiffs filed a Motion for Reconsideration, requesting again a "Temporary Restraining Order to Block Federal Funding to the State of Hawaii Pursuant to the Spending Clause, Article I, Section 8 Clause 1 of the United States Constitution for Deprivation of Civil Rights Against State Citizens, and Affidavits of State Citizens, Certificate of Service; Demand for a Trial by Jury. ECF No. #17 .Motions for reconsideration are governed by Federal Rule of Civil Procedure 60, which allows the court to relieve a party from an order for any "reason that justifies relief." Fed. R. Civ. P. 60(b)(6). The Ninth Circuit Court of Appeals has directed that Rule 60(b)(6) "be used sparingly as an equitable remedy to prevent manifest injustice and [-] utilized only where extraordinary circumstances" exist. Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). "A motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law." Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations omitted).Because the present Motion for Reconsideration, ECF No. 17, does not clearly meet the applicable standard for reconsideration, the motion is denied. (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) Modified on 3/21/2023 (rlfh). |
| Filing 55 Summons Issued as to County of Kauai, Department of Water (Amended Complaint filed 2/9/2023) (jni) |
| Filing 54 Summons Issued as to Derek W.C. Wong (Amended Complaint filed 2/9/2023) (jni) |
| Filing 53 Summons Issued as to Robert L. Soares, Jr. (Amended Complaint filed 2/9/2023) (jni) |
| Filing 52 Summons Issued as to Brooks R. Braun (Amended Complaint filed 2/9/2023) (jni) |
| Filing 51 Summons Issued as to Fidelity National Title Insurance Company (Amended Complaint filed 2/9/2023) (jni) |
| Filing 50 Summons Issued as to Honolulu Information Service Inc. (Amended Complaint filed 2/9/2023) (jni) |
| Filing 49 Summons Issued as to Title Guaranty of Hawaii (Amended Complaint filed 2/9/2023) (jni) |
| Filing 48 Summons Issued as to Capital One, N.A. (Amended Complaint filed 2/9/2023) (jni) |
| Filing 47 Summons Issued as to Asset Acceptance (Amended Complaint filed 2/9/2023) (jni) |
| Filing 46 Summons Issued as to Association of Apartment Owners of Kawaikini Estates (Amended Complaint filed 2/9/2023) (jni) |
| Filing 45 Summons Issued as to 1900 Capital Trust III by U.S. Bank Trust National Association (Amended Complaint filed 2/9/2023) (jni) |
| Filing 44 Summons Issued as to Eric A. Braun (Amended Complaint filed 2/9/2023) (jni) |
| Filing 43 Summons Issued as to SN Servicing Corporation (Amended Complaint filed 2/9/2023)(jni) |
| Filing 42 Summons Issued as to Hill Wallack LLP (Amended Complaint filed 2/9/2023) (jni) |
| Filing 41 Summons Issued as to Aldridge Pite LLP (Amended Complaint filed 2/9/2023) (jni) |
| Filing 40 Summons Issued as to Zachary K. Kondo (Amended Complaint filed 2/9/2023) (jni) |
| Filing 39 Summons Issued as to Daniel Alan Ross (Amended Complaint filed 2/9/2023) (jni) |
| Filing 38 Summons Issued as to David McAllister (Amended Complaint filed 2/9/2023) (jni) |
| Filing 37 Summons Issued as to Ken Ohara, c/o Aldridge Pite LLP (Amended Complaint filed 2/9/2023) (jni) |
| Filing 36 Summons Issued as to Ken Ohara, c/o TMLF Hawaii, LLLC (Amended Complaint filed 2/9/2023) (jni) |
| Filing 35 Summons Issued as to Dubin Law Offices (Amended Complaint filed 2/9/2023) (jni) |
| Filing 34 Summons Issued as to Gary Victor Dubin (Amended Complaint filed 2/9/2023) (jni) |
| Filing 33 Summons Issued as to PennyMac Corp (Amended Complaint filed 2/9/2023)(jni) |
| Filing 32 Summons Issued as to TMLF Hawaii LLLC (Amended Complaint filed 2/9/2023) (jni) |
| Filing 31 Summons Issued as to Keoni Wayne Souza (Amended Complaint filed 2/9/2023) (jni) |
| Filing 30 Summons Issued as to Stephan J. Trimble (Amended Complaint filed 2/9/2023) (jni) |
| Filing 29 Summons Issued as to Robin Lyn Miller (Amended Complaint filed 2/9/2023) (jni) |
| Filing 28 Summons Issued as to Sun Young Park (Amended Complaint filed 2/9/2023) (jni) |
| Filing 27 Summons Issued as to Jenny J.N.A. Nakamoto (Amended Complaint filed 2/9/2023) (jni) |
| Filing 26 Summons Issued as to Anya M. Perez (Amended Complaint filed 2/9/2023) (jni) |
| Filing 25 Summons Issued as to Daisy Lynn B. Hartsfield (Amended Complaint filed 2/9/2023)(jni) |
| Filing 24 Summons Issued as to Peter T. Stone (Amended Complaint filed 2/9/2023) (jni) |
| Filing 23 Summons Issued as to Belles Graham LLP (Amended Complaint filed 2/9/2023) (jni) |
| Filing 22 Summons Issued as to Lorna A. Nishimitsu (Amended Complaint filed 2/9/2023) (jni) |
| Filing 21 Summons Issued as to Jonathan J. Chun (Amended Complaint filed 2/9/2023) (jni) |
| Filing 20 Summons Issued as to State of Hawaii Department of the Attorney General (Amended Complaint filed 2/9/2023) (jni) |
| Filing 19 Summons Issued as to State of Hawaii, Fifth Circuit Court, Judge Kathleen Watanabe (Amended Complaint filed 2/9/2023) (jni) |
| COURT'S CERTIFICATE of Service - a copy of #19 - #55 Summons Issued shall be served by First Class Mail to the addresses of record on 3/16/2023. (jni) |
| Filing 18 AMENDED COMPLAINT 60 - Million Dollar Claim Under 42 U.S. Code Sec. 1983 Action for Deprivation of Civil Rights, Violation of Due Process, Conspiracy to Commit Real Estate Deed Fraud, Forgery, Wrongful Foreclosure, and Breach of Contract, and Conspiracy to Commit Utility Theft and Cross Connection Contamination of our Drinking Water and this Claim is also for Obstruction of the Administration of Justice; Exhibits "A-B" against All Defendants - filed by Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun.Ref: Lower case 5CC151000158Ref: Lower case SCCV-23-0000012 (Attachments: #1 Certificate of Service, #2 Exhibit "A", #3 Exhibit "B")(jni) Modified on 3/29/2023 (jni) |
| Filing 17 MOTION FOR RECONSIDERATION Temporary Restraining Order to Block Federal Funding to the State of Hawaii Pursuant to the Spending Clause, Article I, Section 8 Clause 1 of the United States Constitution for Deprivation of Civil Rights Against State Citizens, and Affidavits of State Citizens, Certificate of Service; Demand for a Trial by Jury - by Plaintiffs Paul Allen Garcia, Kirah-Shantel Garcia, Keane Bobby Braun.Ref: Lower case 5CC151000158Ref: Lower case SCCV-23-0000012 (Attachments: #1 Certificate of Service, #2 Affidavit of Kirah-Shantel Garcia, #3 Affidavit of Paul Garcia)(jni) |
| Filing 16 NOTICE of Lis Pendens Pendency of Action; Order Approving Lis Pendens; Certificate of Service - by Kirah-Shantel Garcia, Paul Allen Garcia. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants were served by email on 3/14/2023.(jni) Modified on 3/15/2023 (jni) |
| Filing 15 EO: In light of the 13 March 16, 2023 deadline for Plaintiffs serve all Defendants, the Court sets a Telephonic Status Conference is set for 03/22/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our 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 1-833-568-8864 Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 3/21/2023 - inserting call-in information (bbb). |
|
Filing 14
ORDER DENYING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, ECF NO. 12 re #12 - Signed by JUDGE J. MICHAEL SEABRIGHT on 2/15/2023.Because the Motion for TRO, ECF No. 12, fails to meet the applicable Winter standard, it is DENIED. 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 2/16/2023. 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)
|
| Filing 13 EO: The Court has reviewed Plaintiffs' February 6, 2023 #10 response to the Court's January 5, 2023 #9 Order to Show Cause. Based upon Plaintiffs' representations therein, the Court WITHDRAWS its January 5, 2023 Order to Show Cause. Plaintiffs must serve all Defendants by March 16, 2023. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)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 12 Emergency MOTION for Temporary Restraining Order to Block Federal Funding to the State of Hawaii Pursuant to the Spending Clause, Article 1, Section 8 Clause 1 of the United States Constitution for Deprivation of Civil Rights Against State Citizens, and Affidavits of State Citizens, Certificate of Service - by Plaintiffs Keane Bobby Braun, Kirah-Shantel Garcia, Paul Allen Garcia. (Attachments: #1 Certificate of Service, #2 Affidavit of Kirah-Shantel Garcia, #3 Affidavit of Paul Garcia)(jni) |
| Filing 11 AMENDED COMPLAINT 60 - Million Dollar Claim Under 42 U.S. Code Sec. 1983 Action for Deprivation of Civil Rights, Violation of Due Process, Conspiracy to Commit Real Estate Deed Fraud, Forgery, Wrongful Foreclosure, and Breach of Contract, and Conspiracy to Commit Utility Theft and Cross Connection Contamination of our Drinking Water and this Claim is also for Obstruction of the Administration of Justice; Demand for Jury Trial; Certificate of Service; Exhibits "A-F" against All Defendants - filed by Kirah-Shantel Garcia, Paul Allen Garcia, Keane Bobby Braun. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(jni) Modified on 2/9/2023 (jni) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE, REQUEST FOR EXTENSION OF TIME UNDER Fed. R. Civ. P. 4(m) re #9 - filed by Kirah-Shantel Garcia, Paul Allen Garcia, Keane Bobby Braun. (jni) |
| COURT'S CERTIFICATE of Service - a copy of #9 ORDER TO SHOW CAUSE has been served by First Class Mail to Keane Bobby Braun, Kirah-Shantel Garcia and Paul Allen Garcia at the address of record on January 6, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
|
Filing 9
ORDER TO SHOW CAUSE - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/5/2023. Accordingly, Plaintiffs are hereby ORDERED TO SHOW CAUSE in writing by February 6, 2023 why their Complaint should not be dismissed for lack of service and/or failure to appear at required status conferences. The Court warns Plaintiffs that failure to timely respond to this Order may result in this Court finding and recommending that Plaintiffs Complaint be dismissed without prejudice. Show Cause Response due by 2/6/2023. (eta)
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| Filing 8 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held. Plaintiff's have not called into the conference. Court to issue an Order to Show Cause. (ZOOM Tele-Conference 9:36 - 9:39) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 7 Mail Returned as Undeliverable (re ECF No. #6 Minutes on Telephonic Rule 16 Scheduling Conference). Mail sent to Keane Bobby Braun at 4441 Rice Street, Unit 1568, Lihue, HI 96766, returned undeliverable. (jni) |
| Filing 6 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held. Plaintiffs have not called into the conference. Telephonic Rule 16 Scheduling Conference is set for 12/12/2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our 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 may call in on a separate line at 1-650-479-3207, Code: 160 930 3683.(Zoom Tele-Conference 9:37 - 9:39) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 5 EO: Due to a conflict in the Court's schedule, the Telephonic Rule 16 Scheduling Conference previously set for 9:30 a.m. IS ADVANCED TO 9:00 a.m. on the same date of 11/28/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our 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 may call in on a separate line at 1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 4 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 11/28/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/30/2022. (Attachments: #1 Memo Re: Corporate Disclosures)(jni)
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| Filing 2 Pay.gov Online Payment Received Filing fee: $ 402, Pay.gov Tracking ID: 271SRASB re #1 Complaint - by Kirah Garcia (jni) |
| Filing 1 [COMPLAINT] 60 - Million Dollar Claim Under 42 U.S. Code Sec. 1983 Action for Depravation of Civil Rights, Violation of Due Process, Conspiracy to Commit Real Estate Deed Fraud, Forgery, Wrongful Foreclosure, and Breach of Contract this Claim is also for Obstruction of the Administration of Justice; Exhibits A-F; Certificate of Service against All Defendants - filed by Kirah-Shantel Garcia, Paul Allen Garcia, Keane Bobby Braun. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Certificate of Service)(jni) |
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