Albert v. Noelani Yacht Charters, LLC
| Kevin S. Albert and Kimberly Leblanc Albert |
| Noelani Yacht Charters, LLC, Jim Jones, Kimberley Kalalani Higa, John Does 1-50, Jane Does 1-50, Doe Partnerships 1-50, Doe Corporations 1-50, Doe Governmental Agencies 1-50 and Doe Entities 1-50 |
| 1:2023cv00132 |
| March 13, 2023 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Contract: Marine |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 CERTIFICATE OF SERVICE by Kevin S. Albert, Kimberly Leblanc Albert [RE: NOTICE OF TAKING DEPOSITION UPON WRITTEN INTERROGATORIES (COR Allied Financial Network) (Schmitt, Randall) |
Filing 20
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 5/8/2023. (Attachments: #1 Notice to Pro Se Litigants)JURY trial in this matter will commence before the Honorable Susan Oki Mollway, United States District Judge on August 6, 2024, at 9:00 a.m.Jury Selection/Trial is set for 09:00 AM on 8/6/2024 in Aha Kanawai before JUDGE SUSAN OKI MOLLWAY.Final Pretrial Conference MJ is set for 6/25/2024 09:00 AM by Telephone before MAGISTRATE JUDGE ROM TRADER.Final Pretrial Conference DJ is set for 7/23/2024 10:00 AM in Aha Kanawai before JUDGE SUSAN OKI MOLLWAY. 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 5/9/2023. 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 19 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE held on 5/8/2023. Discussion had. Court confirms that Defendants Jones and Higa are proceeding pro se in this action. Court advises Defendant Jones that while individual litigants may represent themselves, they may not represent other individuals or entities. Thus, Defendant Noelani Yacht Charters, LLC, as an entity must be represented by counsel and may not be represented by pro se Defendant Jones.Defendant Jones represents he has secured bankruptcy counsel, Rick Abelmann.Pro se defendants advised that unless they secure counsel, they will be responsible for all aspects of this litigation.Court reminds Defendants Jones and Higa of their responsibilities as pro se litigants to comply with all court rules, dates and deadlines. Defendants encouraged to consult resources available on Courts website, including the Federal Rules of Civil Procedure and the Courts Local Rules. Defendants advised of their obligation to communicate and cooperate in good faith with other parties/counsel to attempt resolution of various issues that may arise.Defendants advised that they are obligated to update the Court concerning their respective address and telephone numbers, attend all proceedings, monitor the docket and otherwise, to diligently participate in this case. Defendants are cautioned that failure to attend court proceedings and to diligently defend this action may result in appropriate sanctions.Regarding possible insurance coverage, vessel insured, however, Plaintiffs understand that the vessel's insurance carrier denied coverage. Defendant Jones confirms. Defendant Higa reports no insurance coverage available.Discussion had regarding ECF #15 4/18/2023 Entry of Default as to Defendants Noelani Yacht Charters, LLC and Kimberley Kalalani Higa. Plaintiffs agree not to seek default judgment against Defendants Noelani Yacht Charters, LLC and Higa, provided they file their respective answers by 5/22/2023.Court directs parties to serve initial disclosures by no later than 6/8/2023. Court sets Telephone Conference for 9/13/2023 at 8:30 a.m. before Magistrate JudgeTrader. No submissions required. 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.Rule 16 Scheduling Order to issue.Dates given:Jury Selection/Trial is set for 8/6/2024 at 9:00 AM in before DISTRICT JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 7/23/2024 at 10:00 AM before DISTRICT JUDGE SUSAN OKI MOLLWAY. Telephonic Final Pretrial Conference is set for 6/25/2024 at 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Telephonic Settlement Conference is set for 5/2/2024 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 3/11/2024. Discovery due by 3/11/2024.Other Matters: Court sets Telephone Conference for September 13, 2023 at 8:30 AM before Magistrate Judge Trader. No submissions required. 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.(adi) 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 18 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00132 SOM-RT on all further pleadings. 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). 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 17 EO: The Court directs the Clerk's Office to reassign this case to a District Judge. Judge Trader will remain as the Magistrate Judge. (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 16 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Schmitt, Randall) |
| COURT'S CERTIFICATE of Service - a copy of #14 Request for Entry of Default, and #15 Clerk's Entry of Default shall be served to Jim Jones by First Class Mail to the address of record on 4/20/2023. (jni) |
| Filing 15 ENTRY OF DEFAULT against Kimberley Kalalani Higa, and Noelani Yacht Charters, LLC, re: #14 . (jni) |
| Filing 14 Request for Entry of Default by Kevin S. Albert, Kimberly Leblanc Albert. (Attachments: #1 Declaration of Randall Schmitt, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Entry of Default, #5 Certificate of Service)(Schmitt, Randall) |
| Filing 13 The Defendant's ANSWER to the Complaint; Ex. A; Jury Trial Requested re #1 - by Jim Jones. (Attachments: #1 Exhibit A)(jni) |
| Filing 12 SUMMONS Returned Executed by Kimberly Leblanc Albert, Kevin S. Albert. Noelani Yacht Charters, LLC served on 3/21/2023. (Schmitt, Randall) |
| Filing 11 SUMMONS Returned Executed by Kimberly Leblanc Albert, Kevin S. Albert. Kimberley Kalalani Higa served on 3/17/2023. (Schmitt, Randall) |
| Filing 10 SUMMONS Returned Executed by Kimberly Leblanc Albert, Kevin S. Albert. Jim Jones served on 3/15/2023. (Schmitt, Randall) |
| Filing 9 Consent Election Form |
| Filing 8 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. (eta) |
| Filing 7 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. FILING INSTRUCTIONS ARE ATTACHED. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court 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. (Attachments: #1 Election Form ) 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. (eta) |
| 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) |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/8/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/13/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 4 Summons Issued as to Noelani Yacht Charters, LLC, Jim Jones, Kimberley Kalalani Higa. (eta) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00132 RT on all further pleadings. (eta) |
| Filing 2 Summons (Proposed) (Schmitt, Randall) |
| Filing 1 COMPLAINT ; Demand for Jury Trial against Noelani Yacht Charters, LLC, Jim Jones, Kimberley Kalalani Higa, et al. ( Filing fee $ 402 receipt number AHIDC-2811082.), filed by Kevin S. Albert, Kimberly Leblanc Albert. (Attachments: #1 Demand for Jury Trial, #2 Civil Cover Sheet)(Schmitt, Randall) Modified on 3/13/2023 (eta). |
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