Clark v. Trisler et al
| Jason Ray Clark |
| Michael Ray Trisler, Brian Paul Trisler, Steven Wayne Trisler, George Ray Trisler, Teresa A. Trisler, Ashley Rae Trisler, Gary Aliengena, Susan Aliengena, Miriam L. Schaefer, Sunset Shores, Inc., Pipeline Shores, LLC and Xander Holdings, LLC |
| 1:2022cv00559 |
| December 30, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
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Filing 23
EO: The Court converts the Telephonic Rule 16 Conference to a Telephonic. Status Conference regarding service of Complaint and Summons on all defendants set for 03/06/2023 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 1-833-568-8864Access 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)
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Filing 22
NOTICE of Hearing on #21 Defendants Michael Ray Trisler, George Ray Trisler, Teresa A. Trisler, and Ashley Rae Trisler's Motion to Dismiss First Amended Complaint filed February 6, 2023 [Dkt. 16] is SET for 5/12/23 at 9:00 AM in Video Conference Hearing before JUDGE JILL A. OTAKE. Opposition is due 4/21/23, Reply is due 4/28/23. The hearing will be conducted by video teleconference (VTC).The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm)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)
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Filing 21
MOTION to Dismiss Defendants Michael Ray Trisler, George Ray Trisler, Teresa A. Trisler, and Ashley Rae Trisler's Motion to Dismiss First Amended Complaint Filed February 6, 2023 [Dkt. 16] Laura P. Moritz appearing for Defendants Teresa A. Trisler, Ashley Rae Trisler, Michael Ray Trisler, George Ray Trisler (Attachments: #1 Certificate of Service)(Moritz, Laura)
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Filing 20
CERTIFICATE OF SERVICE [1) Complaint for Civil Case, 2) Amended Complaint for Civil Case, 3) Service of Process, 4) Scheduling Conference Statement] served on Michael Ray Trisler, et al. on 2/18/2023 via Mail - by Jason Ray Clark. (jni)
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Filing 19
Scheduling Conference Statement pursuant to L.R. 16.2(b); and so Ordered by this Court on 1/4/2023 - by Jason Ray Clark. (jni)
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Filing 18
EO: Based on #16 Plaintiff's Amended Complaint filed on 2/6/23, the Court takes no further action on its #9 Order To Show Cause issued on 1/10/23. (JUDGE JILL A. OTAKE)(shm)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 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 17
CIVIL Cover Sheet - by Jason Ray Clark. (jni)
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Filing 16
AMENDED COMPLAINT for a Civil Case; Jury Trial against All Defendants - filed by Jason Ray Clark.(jni)
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Filing 15
EO: On 1/10/23, the Court ordered Plaintiff to show cause why this case should not be dismissed without prejudice for lack of subject matter jurisdiction. ECF No. 9. Plaintiff failed to sufficiently allege Defendants' citizenships so the Court could not ascertain whether diversity jurisdiction exists. On 1/25/23, Plaintiff filed a #14 Response to Order ("Response"). Although it appears that Plaintiff and Defendants are likely diverse, Plaintiff's Response remains deficient. First, the Response does not consist of an amended pleading or a declaration that complies with 28 U.S.C.. 1746. Next, Defendant Brian Paul Trisler is at one time identified as a citizen of Montana, but elsewhere, for purposes of Defendant Pipeline Shores, LLCs citizenship, is identified as a citizen of Indiana. ECF No. 14 at 2. Finally, while the Complaint lists addresses in Georgia for Defendants Gary Aliengena and Susan Aliengena, the Response contends each is a citizen of Utah. Compare ECF No. 1 at 5-6, with ECF No. 14 at 2. Plaintiff is ordered to clarify the issues noted herein by 2/6/2023 and should do so either by filing an amended complaint alleging every defendant's citizenship as required, or by including every defendant's citizenship in a declaration that complies with 28 U.S.C. 1746. (JUDGE JILL A. OTAKE)(shm)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
RESPONSE to Order re #9 - filed by Jason Ray Clark. (jni)
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Filing 13
SUMMONS Returned Executed by Jason Ray Clark. Summons for Ashley Rae Trisler left at individual's residence on 1/18/2023 and mailed to individual's last known address. (jni)
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Filing 12
SUMMONS Returned Executed by Jason Ray Clark. Teresa A. Trisler served in person on 1/19/2023. (jni)
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Filing 11
SUMMONS Returned Executed by Jason Ray Clark. George Ray Trisler served in person on 1/17/2023. (jni)
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Filing 10
SUMMONS Returned Executed by Jason Ray Clark. Michael Ray Trisler served in person on 1/14/2023. (jni)
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Filing 9
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE, Signed by JUDGE JILL A. OTAKE on 1/10/2023. For the reasons stated in the attached Order, Plaintiff must file a response to this Order to Show Cause by January 27, 2023, identifying each individual defendant's citizenship, and identifying all of PipelineShores, LLC's and Xander Holdings, LLC's owners/members and providing theircitizenships.(shm)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)
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Filing 7
EO: On December 30, 2022, Plaintiff filed an #3 Application for Permission to Participate in Electronic Filing ("Application"). After carefully reviewing the Application, the Court finds that Plaintiff meets all the technical requirements for e-filing. The Court thus GRANTS the Application. Plaintiff shall submit a CM/ECF Registration Form to the Clerk's Office. Plaintiff is required to abide by all rules applicable to utilization of the court's e-filing system. The Court reserves the right to revoke Plaintiff/Defendant's e-filing privileges at any point. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 01/05/2023. (kjm2)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)
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Filing 6
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm)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 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 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/6/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/4/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Jason Ray Clark shall be served by email at jason@clarkbrothersinvestments.com on January 4, 2023.
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Filing 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/4/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Jason Ray Clark shall be served by email at jason@clarkbrothersinvestments.com on January 4, 2023. A blank Application to Proceed in District Court Without Prepaying Fees or Costs and a file-stamped copy of the Complaint and Application for Permission to Participate in Electronic Filing shall be included in the email to Plaintiff.
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Filing 3
APPLICATION for Permission to Participate in Electronic Filing (E-File) (Pro Se Non-Prisoner) - by Jason Ray Clark (eta)
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Filing 2
CIVIL Cover Sheet (unsigned) - by Jason Ray Clark. (eta)
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Filing 1
COMPLAINT for a Civil Case; Jury Trial Requested against All Defendants - filed by Jason Ray Clark.(eta)
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