Fermahin v. JPMorgan Chase Bank, N.A.
| Christian Fermahin |
| JPMorgan Chase Bank, N.A. |
| 1:2023cv00151 |
| March 31, 2023 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Petition for Removal - Fair Credit Reporting Act |
| None |
Docket Report
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| Filing 15 EO: On April 17, 2023, Defendant filed a Motion to Dismiss this action. ECF No. #8 . The Motion was set for hearing on June 5, 2023, and pro se Plaintiff was informed that his Opposition was due by May 15, 2023. ECF No. 9 . A review of the docket indicates that Plaintiff did not file an Opposition by that date, which passed over a week ago.Accordingly, by June 5, 2023, Plaintiff is ORDERED to file a response explaining why he did not file a timely Opposition to the Motion to Dismiss. If he seeks leave to file an Opposition to the Motion to Dismiss, he must demonstrate good cause and explain why he did not file an Opposition in a timely manner. Alternatively, if he does not intend to oppose the Motion to Dismiss, he should make that intent clear.For these reasons, the June 5, 2023 hearing on the Motion to Dismiss is VACATED. The court will determine whether to hold a hearing after reviewing Plaintiff's response to this Order. If no response is filed, the court will determine the Motion to Dismiss under Local Rule 7.1(c), without a hearing. (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 14 REPLY re #8 MOTION to Dismiss for failure to State a Claim filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Declaration of Timothy C. Partelow, #2 Exhibit "A" - 2023-04-18 9 Hearing on #8 JPMorgan's Motion to Dismiss, #3 Exhibit "B" - 2023-04-20 USPS tracking, #4 Exhibit "C" - 2023-04-21 #10 COS Re 9 Hrg on #8 Motion to Dismiss, #5 Certificate of Service)(Partelow, Timothy) |
| Filing 13 EO: Due to a conflict in the Court's schedule, the Telephonic Rule 16 Scheduling Conference set for 6/30/2023 at 08:30 AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 7/7/2023 at 09:15 AM. Scheduling conference statements must be filed by 6/30/2023. 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)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 EO: In light of [ECF 8]] Defendant JP Morgan Chase Bank's Motion to Dismiss pending briefing and hearing before District Judge Seabright, the Rule 16 Scheduling Conference scheduled for 5/1/2023 at 9:00 a.m. is CONTINUED to 6/30/2023 at 8:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 6/23/2023. 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)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 11 Scheduling Conference Statement JPMorgan Chase Bank. (Partelow, Timothy) |
| Filing 10 CERTIFICATE OF SERVICE by JPMorgan Chase Bank, N.A. re 9 Set Motion Deadlines/Hearings (inc F&R),,, (Partelow, Timothy) |
| Filing 9 EO: Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss, ECF No. #8 , is set for hearing on June 5, 2023, at 10:00 a.m. in Aha Kaulike before the Honorable J. Michael Seabright. Plaintiff's Opposition is due by May 15, 2023, and Defendant's optional Reply is due by May 22, 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 8 MOTION to Dismiss for failure to State a Claim Timothy C. Partelow appearing for Defendant JPMorgan Chase Bank, N.A. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Partelow, Timothy) |
| Filing 7 TRANSMITTAL of DOCUMENTS from the District Court of the First Circuit, State of Hawaii, re 1DSC-23-0000153. (Attachments: #1 Commitment to United States District Court, #2 District Court filings, 1DSC-23-0000153, #3 Mailing Documentation) (eta) |
| Filing 6 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 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/1/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/31/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Christian Fermahin shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 3, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00151 JMS-RT on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Christian Fermahin shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 3, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 3 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A... (Partelow, Timothy) |
| Filing 2 NOTICE OF REMOVAL of Civil Action Under 28 U.C. 1331, 1441, and 1446; Declaration of Timothy C. Partelow; Exhibit "A"; Certificate of Service by JPMorgan Chase Bank, N.A. from In the Small Claims Division of the District Court of the First Circuit, Ewa Division, case number 1DSC230000153., filed by JPMorgan Chase Bank, N.A.. (AHIDC-2819525 $ 402.00) (Partelow, Timothy) Modified on 3/31/2023 (eta). |
| Filing 1 CIVIL Cover Sheet by JPMorgan Chase Bank, N.A.. (Partelow, Timothy) |
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| Plaintiff: Christian Fermahin | |
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| Defendant: JPMorgan Chase Bank, N.A. | |
| Represented By: | John-Anderson L. Meyer |
| Represented By: | Timothy C. Partelow |
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