McLeod v. The Queen's Medical Center, et al
| Misako McLeod |
| Queen's Medical Center, The and Taichi Imamura |
| 1:2023cv00145 |
| March 23, 2023 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
Docket Report
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| Filing 31 EO: In the Court's prior minute order, ECF No. 29, the Court should have explained that its reasoning also applied to the Motion to Dismiss from Defendant The Queen's Medical Center, ECF No. 14. That Motion is DENIED as moot because Plaintiff amended her complaint less than 21 days after The Queen's Medical Center's Motion to Dismiss. See Fed. R. Civ. Proc. 15(a)(1)(B). The June 22, 2023 hearing on that Motion is VACATED. The Court will not, therefore, take action on Plaintiff's Opposition to that Motion, ECF No. 30. (JUDGE JILL A. OTAKE)(shm) |
| Filing 30 MEMORANDUM in Opposition re #14 MOTION to Dismiss Complaint [Dkt 1] filed by Misako McLeod. (Attachments: #1 Declaration Declaration of Counsel, #2 Certificate of Service Certificate of Service)(Brown, Johnny) |
| Filing 29 EO: Given that Plaintiff Misako McLeod, D.P.M., filed a First Amended Complaint on May 9, 2023 (ECF No. 28), less than 21 days after Defendant Taichi Imamura, M.D., filed his Motion to Dismiss the original Complaint on April 27, 2023 (ECF No. 19), Plaintiff's amendment is timely under Federal Rule of Civil Procedure 15(a)(1)(B). The Court thus DENIES as moot that Motion to Dismiss, ECF No. 19, and VACATES the June 22, 2023 hearing on that Motion. (JUDGE JILL A. OTAKE)(shm) |
| Filing 28 First AMENDED COMPLAINT DEMAND FOR JURY TRIAL against Taichi Imamura, Queen's Medical Center, The, filed by Misako McLeod.(Brown, Johnny) Modified on 5/12/2023 (jni) |
| Filing 27 Supplemental Declaration re #14 MOTION to Dismiss Complaint [Dkt 1], #1 Complaint, of Ross T. Shinyama, Esq. In Support of QMC Motion. (Attachments: #1 Certificate of Service)(Shinyama, Ross) |
| Filing 26 EO: At Defendant The Queen's Medical Center's request, and by other Parties' agreement, hearing on #14 Defendant The Queen's Medical Center's Motion to Dismiss and #19 Defendant Taichi Iwamura, M.D.'s Motion to Dismiss set for June 20, 2023 is continued to June 22, 2023 at 09:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. (JUDGE JILL A. OTAKE)(rlfh) |
| Filing 25 Letter addressed to Judge Otake from Ross T. Shinyama, Esq., dated May 2, 2023, re: request to continue hearing on motions to dismiss. (jni) |
| Filing 24 EO: In light of the motion to dismiss pending before District Judge Otake, the Telephonic Rule 16 Scheduling Conference set for 5/22/2023 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 8/10/2023 at 09:00AM. Scheduling conference statements must be filed by 8/3/2023.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. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 23 NOTICE of Appearance by Jeffrey S. Portnoy on behalf of Taichi Imamura on behalf of Taichi Imamura. (Portnoy, Jeffrey) |
| Filing 22 NOTICE of Appearance by Nathaniel Dang on behalf of Taichi Imamura on behalf of Taichi Imamura. (Dang, Nathaniel) |
| Filing 21 NOTICE of Hearing on Motion - #19 Defendant Taichi Iwamura, M.D.'s Motion to Dismiss Plaintiff's Complaint filed March 23, 2023 is set for 6/20/2023 09:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. (JUDGE JILL A. OTAKE)(rlfh) |
| Filing 20 SEALED EXHIBITS:EXHIBITS "A" AND "B" TO DEFENDANT THE QUEEN'S MEDICAL CENTER'S MOTION TO DISMISS COMPLAINT [DKT. 1] FILED ON MARCH 23, 2023, FILED ON APRIL 19, 2023 [DKT. 14], FILED UNDER SEAL - filed by The Queen's Medical Center. (Attachments: #1 Exhibit "A", #2 Exhibit "B")Sealed pursuant to Court Order, ECF #17 .(jni) |
| Filing 19 MOTION to Dismiss Plaintiff's Complaint filed March 23, 2023 Trisha L. Nishimoto appearing for Defendant Taichi Imamura (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Certificate of Service Certificate of Service)(Nishimoto, Trisha) |
| Filing 18 EO: #14 Defendant The Queen's Medical Center's Motion to Dismiss Complaint set for 06/02/2023 is continued to 06/20/2023 at 09:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Briefing deadlines remain unchanged. (JUDGE JILL A. OTAKE)(rlfh) |
Filing 17
ORDER GRANTING DEFENDANT THE QUEEN'S MEDICAL CENTER'S MOTION #13 FOR LEAVE TO FILE CERTAIN PROTECTED HEALTH INFORMATION UNDER SEAL - Signed by MAGISTRATE JUDGE ROM TRADER on 4/26/2023. (laa)
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| Filing 16 EO: #14 Defendant The Queen's Medical Center's Motion to Dismiss Complaint is set for June 2, 2023 at 09:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Plaintiff's Opposition is due by May 12, 2023. Defendant's Reply by May 19, 2023. (JUDGE JILL A. OTAKE)(rlfh) |
| Filing 15 Corporate Disclosure Statement by Queen's Medical Center, The. (Attachments: #1 Certificate of Service)(Shinyama, Ross) |
| Filing 14 MOTION to Dismiss Complaint [Dkt 1] Ross T. Shinyama appearing for Defendant Queen's Medical Center, The (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Iris Kawasaki-Luat, #3 Exhibit A, #4 Exhibit B, #5 Declaration of Ross T. Shinyama, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Certificate of Service)(Shinyama, Ross) |
| Filing 13 MOTION to File Documents under Seal Ross T. Shinyama appearing for Defendant Queen's Medical Center, The (Shinyama, Ross) |
| Filing 12 SUMMONS Returned Executed by Misako McLeod. Taichi Imamura served on 4/6/2023. (Brown, Johnny) |
| Filing 11 SUMMONS Returned Executed by Misako McLeod. Queen's Medical Center, The served on 3/31/2023. (Brown, Johnny) |
| Filing 10 Amended Summons Issued as to Queen's Medical Center, The. (jni) |
| Filing 9 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) |
| Filing 8 Summons (Proposed) (McFarlin, Jason) |
| Filing 7 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 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 5/22/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/23/2023. 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 Taichi Imamura, M.D. (eta) |
| Filing 3 Summons Issued as to Queen's Medical Center, The. (eta) |
| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00145 JAO-RT on all further pleadings. (eta) |
| Filing 1 COMPLAINT DEMAND FOR JURY TRIAL against All Defendants ( Filing fee $ 402 receipt number AHIDC-2816113.), filed by Misako McLeod. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons In A Civil Case The Queen's Medical Center, #3 Summons In A Civil Case Taichi Imamura, M.D.)(Brown, Johnny) |
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