Smith v. HawaiiUSA Federal Credit Union
| Joseph Smith and Tony Lee |
| HawaiiUSA Federal Credit Union |
| 1:2023cv00201 |
| May 2, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
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 34 EO: In light of the #33 Stipulation in 1:23-cv-00201-JMS-KJM, the Telephonic Rule 16 Scheduling Conference previously set for 09/15/2023 IS CONTINUED TO 12/04/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 11/27/2023.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 Associated Cases: 1:23-cv-00201-JMS-KJM, 1:23-cv-00240-JMS-KJM (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
Filing 33
SECOND STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' AMENDED CONSOLIDATED CLASS ACTION COMPLAINT DKT. #31 AND ORDER STIPULATION, signed by Judge Kenneth J. Mansfield on August 28, 2023. (apg)
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| Filing 32 STIPULATION to Extend Defendant's Time to Answer or Otherwise Respond to Plaintiffs' Amended Consolidated Class Action Complaint by HawaiiUSA Federal Credit Union. Associated Cases: 1:23-cv-00201-JMS-KJM, 1:23-cv-00240-JMS-KJM(Ballard, Sarah) |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #32 Second Stipulation to Extend Defendants' Time to Answer or Otherwise Respond to Plaintiffs' Amended Consolidated Class Action Complaint filed by HawaiiUSA Federal Credit Union, requires the court's approval. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. Please refer to Section 10.4 of the CM/ECF Procedures Guide for additional instructions and a list of chambers' email addresses. (eta) |
| Filing 31 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT ; EXHIBIT A; DEMAND FOR JURY TRIAL against HawaiiUSA Federal Credit Union, filed by Joseph Smith and Tony Lee (added) .(Hatch, Robert) Modified on 7/31/2023 (eta). |
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Filing 30
ORDER GRANTING JOINT MOTION TO CONSOLIDATE CV-23-00201-JMS-KJM AND CV-23-00240-JMS-KJM re granting (27) Motion to Consolidate Cases in case 1:23-cv-00201-JMS-KJM; granting (11) Motion to Consolidate Cases in case 1:23-cv-00240-JMS-KJM - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/28/2023. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the parties Joint Motion to Consolidate CV-23-00201-JMS-KJM and CV-23-00240-JMS-KJM is GRANTED, as follows. (1) the Smith and Lee Actions are consolidated for all purposes; (2) the Plaintiffs shall have thirty (30) days from the date the Court enters an Order granting consolidation to file an Amended Consolidated Class Action Complaint; (3) Defendant HawaiiUSA shall have thirty (30) days from the filing of Plaintiffs' Amended Consolidated Class Action Complaint to file a responsive pleading; and (4) for all further relief the Court deems appropriate. Associated Cases: 1:23-cv-00201-JMS-KJM, 1:23-cv-00240-JMS-KJM (eta)
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| Filing 29 EO: In light of the #28 Stipulation and Order, the Telephonic Rule 16 Scheduling Conference previously set for 07/03/2023 IS CONTINUED TO 09/15/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 09/08/2023.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) |
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Filing 28
FIRST STIPULATION TO CONTINUE RULE 16 DEADLINES [DKT. #6 ] AND ORDER - = Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/27/2023. (eta)
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| Filing 27 Joint MOTION to Consolidate Cases CV-23-00201-JMS-KJM AND CV-23-00240-JMS-KJM Joachim P. Cox appearing for Defendant HawaiiUSA Federal Credit Union (Attachments: #1 Memorandum in Support of Joint Motion, #2 [Proposed] Order Granting Joint Motion to Consolidate CV-23-00201-JMS-KJM and CV-23-00240-JMS-KJM)(Cox, Joachim) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #27 Joint Motion to Consolidate Cases CV-23-00201-JMS-KJM AND CV-23-00240-JMS-KJM, requires the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to seabright_orders@hid.uscourts.gov See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jni) |
| Filing 26 NOTICE by HawaiiUSA Federal Credit Union Notice of Related Case [Local Civil Rule 40.2] HawaiiUSA Federal Credit Union. (Attachments: #1 Certificate of Service)(Cox, Joachim) |
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Filing 25
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MATTHEW D. PEARSON re #23 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/6/2023. (eta)
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Filing 24
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE ROM TRADER on 6/6/2023. MAGISTRATE JUDGE ROM TRADER recused. Case reassigned to MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further pretrial proceedings. Please reflect new case number CV 23-00201 JMS-KJM on all further filings . (eta)
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| Filing 23 MOTION for Pro Hac Vice [Matthew D. Pearson] Filing fee $ 300, receipt number AHIDC-2849627.Joachim P. Cox appearing for Defendant HawaiiUSA Federal Credit Union (Attachments: #1 Continuation Sheet, #2 Declaration of Counsel [Joachim P. Cox], #3 (Proposed) Order Granting Motion for PHV Admission [Matthew D. Pearson])(Cox, Joachim) Modified on 6/5/2023 (eta). |
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SARAH A. BALLARD re #20 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/26/2023. (eta)
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Filing 21
FIRST STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT [DKT. 1] AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 5/24/2023. HawaiiUSA Federal Credit Union answer due 6/23/2023. (jni)
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| Filing 20 MOTION for Pro Hac Vice for Sarah A. Ballard Filing fee $ 300, receipt number AHIDC-2845608.Joachim P. Cox appearing for Defendant HawaiiUSA Federal Credit Union (Cox, Joachim) |
| Filing 19 Corporate Disclosure Statement by HawaiiUSA Federal Credit Union. (Cox, Joachim) |
| Filing 18 NOTICE of Appearance by Abigail Marie Holden on behalf of HawaiiUSA Federal Credit Union on behalf of HawaiiUSA Federal Credit Union. (Holden, Abigail) |
| Filing 17 NOTICE of Appearance by Joachim P. Cox on behalf of HawaiiUSA Federal Credit Union on behalf of HawaiiUSA Federal Credit Union. (Cox, Joachim) |
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Filing 16
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANDREW A. LEMMON, ESQ. re #10 , #14 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/16/2023. The case number should reflect CV 23-00201 JMS-RT. (eta)
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Filing 15
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Gary M. Klinger, Esq. re #12 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/15/2023.Attorney Gary M. Klinger added Pro Hac Vice for Plaintiff Joseph Smith. (jni)
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| Filing 14 Amended MOTION to Amend/Correct 13 Link,, Motion to Appear Pro Hac Vice (Andrew A. Lemmon, Esq.) Robert M. Hatch appearing for Plaintiff Joseph Smith (Attachments: #1 Declaration In Support of Motion)(Hatch, Robert) |
| Filing 13 EO: On 5/4/2023, a [ECF #10 ] Motion to Appear Pro Hac Vice ("Motion") was filed for the appearance of Andrew A. Lemmon, Esq. in this case. In the Motion, counsel omitted answering paragraph 6 in the Declaration of Counsel. This paragraph requires the designation of local counsel to serve as associate counsel. Counsel is directed to file an amended Motion and include the information required under paragraph 6 by no later than 5/16/2023. If a timely amendment is not filed, the Motion shall be denied. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 12 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice (Gary M. Klinger) Filing fee $ 300, receipt number AHIDC-2838823.Robert M. Hatch appearing for Plaintiff Joseph Smith (Attachments: #1 Declaration of Counsel)(Hatch, Robert) |
| Filing 11 SUMMONS Returned Executed by Joseph Smith. HawaiiUSA Federal Credit Union served on 5/4/2023. (Hatch, Robert) |
| Filing 10 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice;Declaration of Counsel (Andrew A. Lemmon, Esq.) Filing fee $ 300, receipt number AHIDC-2837274.Robert M. Hatch appearing for Plaintiff Joseph Smith (Attachments: #1 Declaration of Counsel)(Hatch, Robert) |
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Filing 9
ORDER OF RECUSAL - Signed by JUDGE JILL A. OTAKE on 5/4/2023. JUDGE JILL A. OTAKE recused. Case reassigned to JUDGE J. MICHAEL SEABRIGHT for all further proceedings. Please reflect new case number CV 23-00201 JMS-RT on all further filings. (apg) Modified on 5/4/2023 (apg).
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| 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 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 6
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/3/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/3/2023. 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 5 Summons Issued as to HawaiiUSA Federal Credit Union. (eta) |
| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00201 JAO-RT on all further pleadings. (eta) |
| Filing 3 Corporate Disclosure Statement by JOSEPH SMITH, Individually and on behalf of all others similarly situated. (Hatch, Robert) |
| Filing 2 Summons (Proposed) (Hatch, Robert) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT; DEMAND FOR JURY TRIAL; SUMMONS against HawaiiUSA Federal Credit Union ( Filing fee $ 402 receipt number AHIDC-2835833.), filed by JOSEPH SMITH, Individually and on behalf of all others similarly situated. (Attachments: #1 Civil Cover Sheet)(Hatch, Robert) |
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