Estate Administrative Services, LLC v. City and County Honolulu
| Estate Administrative Services, LLC |
| City and County Honolulu and Doe Defendants 1-25 |
| Steven Hosoda Burke |
| 1:2023cv00127 |
| March 8, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 RESPONSE in Opposition re #7 MOTION to Dismiss for failure to State a Claim filed by Estate Administrative Services, LLC. (Seitz, Eric) |
Filing 19
STIPULATED PROTECTIVE ORDER PERTAINING TO HONOLULU POLICE DEPARTMENT DOCUMENTS AND RECORDS; EXHIBIT "A" - Signed by MAGISTRATE JUDGE ROM TRADER on 5/3/2023. (eta)
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| Filing 18 CERTIFICATE OF SERVICE by City and County Honolulu (RE: Bates-Stamped Document Nos. C000001 C001131) (Neste, Katherine) |
| Filing 17 EP:TELEPHONIC RULE 16 SCHEDULING CONFERENCEnot held.Discussion had regarding Defendant's pending ECF #7 Motion to Dismiss ("Motion") set for hearing on 5/26/2023 before District Judge Kobayashi. Defendant confirms intention to demand a jury trial upon filing an answer, assuming claims remain following the Court's ruling on the Motion. Parties agree to defer setting dates and deadlines until after a ruling on the pending Motion. Plaintiff requests limited discovery in order to respond to the Motion. Court directs that, to the extent that it exists, Defendant shall produce video recordings and any investigative reports related to the incident by no later than 4/28/2023.In light of the pending Motion, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference to 7/6/2023 at 8:30 a.m. before Magistrate Judge Trader. Scheduling conference statements must be filed by 6/29/2023. 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.(ZOOM / 9:00 - 9:10 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 16 Defendant City and County of Honolulu's Scheduling Conference Statement ; Certificate of Service . (Neste, Katherine) Modified on 4/4/2023 (eta). |
| Filing 15 Plaintiff's Rule 16 Scheduling Conference Statement ; Certificate of Service. (Seitz, Eric) Modified on 4/4/2023 (eta). |
| Filing 14 EO: On 3/28/2023, Plaintiff in Intervention Steven H. Burke ("Proposed Intervenor") filed [ECF #9 ] Motion to Intervene ("Motion"). The Motion, however, fails to comply with Rule 7.8 of the Local Rules of Practice for the United States District Court of the District of Hawaii ("LR"). LR7.8 requires that "counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential partial or complete resolution." LR7.8. This pre-filing conference "shall take place at least seven (7) days prior to the filing of the motion." Id. "If the parties are unable to reach a resolution which eliminates the necessity for a motion, counsel for the movant shall include in the motion a statement to the following effect: 'This motion is made following the conference of counsel pursuant to LR7.8 which took place on [date].'" Id. As the Motion fails to include such a statement, the Motion is DENIED WITHOUT PREJUDICE. Proposed Intervenor may file a renewed motion which complies with LR7.8 but may do so only after a substantive meet-and-confer with counsel for both Plaintiff and Defendant is made in a good faith attempt to resolve the issue without filing such motion. This discussion shall include the possibility of resolution via a stipulation permitting Proposed Intervenor to intervene, if appropriate. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 13 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 3/20/2023, Defendant City and County of Honolulu filed Dkt. #7 ; a Motion to Dismiss. Court sets the following Motion hearing and briefing schedule:Opposition memorandum due:5/5/2023.Reply memorandum due: 5/12/2023. Motion Hearing is set for 5/26/2023 at 02:30 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 12 SUPPLEMENT re #8 Report of Planning Meeting by City and County Honolulu . (Luney, Justin) |
| Filing 11 NOTICE of Case Reassignment: Please reflect Civil case number CV 23-00127 LEK-RT on all further pleadings. (jni) |
| Filing 10 EO: The Clerk's Office is directed to assign this case to a District Judge.Magistrate Judge Trader to remain as the assigned Magistrate Judge.(MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 9 MOTION to Intervene Steven H. Burke appearing for Intervenor Plaintiff Steven Burke (Attachments: #1 Exhibit 1)(Burke, Steven) |
| Filing 8 REPORT of Planning Meeting . (Seitz, Eric) |
| Filing 7 MOTION to Dismiss for failure to State a Claim Katherine M.K. Neste appearing for Defendant City and County Honolulu (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Neste, Katherine) |
| Filing 6 Consent Election Form |
| Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni) |
| Filing 4 Notice to Parties RE: Corporate Disclosure Statements Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/10/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/8/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00127 RT on all further pleadings. (jni) |
| Filing 1 NOTICE OF REMOVAL by City and County Honolulu from Court of the First Circuit, State of Hawaii, case number 1CCV-23-0000253. ( Filing fee $ 402, Receipt number AHIDC-2809377), filed by City and County Honolulu. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Certificate of Service)(Neste, Katherine) Modified on 3/8/2023 (jni) |
| PAYMENT of Fees - Payment for Complaint re #1 Notice of Removal, Filing fee $ 402, receipt number AHIDC-2809377.. (Neste, Katherine) |
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