Walgreen of Hawaii, LLC v. Lin's Properties, LLC
| Walgreens of Hawaii, LLC and Walgreen of Hawaii, LLC |
| Lin's Properties, LLC and SRS National Net Lease Group, LP |
| 1:2023cv00253 |
| June 15, 2023 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Defendant |
Docket Report
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| Filing 32 Summons Issued as to SRS National Net Lease Group, LP. (jni) |
| Filing 31 DEMAND for Trial by Jury. (Schiel, Jesse) |
| Filing 30 Summons (Proposed) (Schiel, Jesse) |
| Filing 29 Defendant Lin's Properties, LLC's THIRD PARTY COMPLAINT against SRS National Net Lease Group, LP, THIRD PARTY COMPLAINT against SRS National Net Lease Group, LP, filed by Lin's Properties, LLC. (Attachments: #1 Exhibit, #2 Certificate of Service)(Schiel, Jesse) Modified on 8/7/2023 (jni) |
| Filing 28 Corporate Disclosure Statement by Lin's Properties, LLC. (Attachments: #1 Certificate of Service)(Schiel, Jesse) |
| Filing 27 ANSWER to #1 Complaint, with Jury Demand by Lin's Properties, LLC. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Schiel, Jesse) |
| Filing 26 EO: Based on the #24 Notice of Withdrawal of Plaintiff Walgreen of Hawaii LLC's Motion for Preliminary Injunction (ECF No. 15), and the #25 Consent Order on Plaintiff Walgreen of Hawaii, LLC's Motion for Preliminary Injunction, the Court TERMINATES the #15 Motion for Preliminary Injunction and VACATES the hearing previously set for 8/11/2023. (JUDGE JILL A. OTAKE)(shm) |
Filing 25
CONSENT ORDER ON PLAINTIFF WALGREEN OF HAWAII, LLC'S MOTION FOR PRELIMINARY INJUNCTION - Signed by JUDGE JILL A. OTAKE on 7/21/2023. (1) Lin's shall not market, encumber, list for sale, convey, damage, or take action adverse to any ownership interest Walgreens may have in the real property located at 46-021, 46-023, and 46-047 Kamehameha Hwy., Kaneohe, HI (the "Premises"), and shall otherwise maintain the status quo pending resolution of the claims in Walgreens' underlying complaint, excluding any appeals.(2) Walgreens and Lin's consent only to the foregoing relief sought in the Motion. Nothing in this Order is to be construed as an admission, consent, waiver, or adjudication on the merits of the Motion, including but not limited to Walgreens' likelihood of success in this action.(jni)
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| Filing 24 NOTICE of Withdrawal of Motion for Preliminary Injunction re #15 by Edmund K. Saffery on behalf of Walgreen of Hawaii, LLC. (Saffery, Edmund) Modified on 7/20/2023 (jni) |
| Filing 23 EP:CONFIDENTIAL SETTLEMENT CONFERENCE held via video teleconference ("VTC") on 7/13/2023.The following also participated via VTC:Plaintiff representative Alison Johnson; andDefendant representatives Craig Yim and Janice Chun.Discussion had. No settlement.Counsel to confer as to possible stipulation and/or order which may obviate need for ruling on Plaintiff's ECF #15 Motion for Preliminary Injunction. Plaintiff to make best efforts to provide proposal to Defendant by close of business 7/14/2023.To monitor status, Court sets Telephone Conference for 9/19/2023 at 9:30 a.m. before Magistrate Judge Trader.The Telephonic Rule 16 Scheduling Conference set for 8/14/2023 before Magistrate Judge Trader is CONTINUED to 9/19/2023 at 9:30 a.m. Scheduling conference statements must be filed by 9/12/2023. 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.(No Record / 10:00 - 11:53 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 22 NOTICE of Appearance by Timothy Terence Silvester on behalf of Lin's Properties, LLC on behalf of Lin's Properties, LLC. (Attachments: #1 Certificate of Service)(Silvester, Timothy) |
| Filing 21 NOTICE of Appearance by Nicholas R. Monlux on behalf of Lin's Properties, LLC on behalf of Lin's Properties, LLC. (Attachments: #1 Certificate of Service)(Monlux, Nicholas) |
| Filing 20 NOTICE of Appearance by Jesse W. Schiel on behalf of Lin's Properties, LLC on behalf of Lin's Properties, LLC. (Attachments: #1 Certificate of Service)(Schiel, Jesse) |
| Filing 19 EP:TELEPHONE CONFERENCE held on 7/6/2023.Discussion had regarding ECF #15 Plaintiff Walgreen of Hawaii, LLC's Motion for Preliminary Injunction pending before District Judge Otake. Parties amenable to early settlement discussions.Court sets Early Settlement Conference for 7/13/2023 at 10:00 a.m. before Magistrate Judge Trader via video teleconference ("VTC"). The courtroom manager will separately provide participants with instructions and information to connect by VTC prior to the date of the Settlement Conference.Brief settlement conference letters due by close of business on 7/11/2023 and shall be delivered (one set, hard copy) to the Clerk's Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov.Parties granted leave to engage the Court ex parte in advance of the 7/13/2023 Early Settlement Conference. (ZOOM / 10:00 - 10:17 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 18 NOTICE of Hearing on Motion #15 Plaintiff Walgreen of Hawaii, LLC's Motion for Preliminary Injunction is SET for 8/11/2023 at 9:00 AM before JUDGE JILL A. OTAKE. The hearing will be conducted by video teleconference (VTC). Opposition is due 7/19/2023, Reply is due 7/26/2023.The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm) |
| Filing 17 EO: Court sets a Telephone Conference is set for 07/06/2023 at 10:00 a.m. in Telephonic Hearing before MAGISTRATE JUDGE ROM TRADER. 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)(bbb) |
| Filing 16 Errata re #15 MOTION for Preliminary Injunction . (Saffery, Edmund) |
| Filing 15 MOTION for Preliminary Injunction Edmund K. Saffery appearing for Plaintiff Walgreen of Hawaii, LLC (Attachments: #1 Memorandum, #2 Declaration Alison Johnson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Certificate of Service)(Saffery, Edmund) Modified on 7/24/2023 (jni) |
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Filing 14
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Kevin Tyler Dysart, Esq. re #12 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/26/2023.Attorney Kevin Tyler Dysart added Pro Hac Vice for Plaintiff Walgreen of Hawaii, LLC. (jni)
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Filing 13
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to David M. Pernini, Esq. re #11 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/26/2023.Attorney David M. Pernini added Pro Hac Vice for Plaintiff Walgreen of Hawaii, LLC. (jni)
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| Filing 12 MOTION for Pro Hac Vice as to Kevin Tyler Dysart Filing fee $ 300, receipt number AHIDC-2856919.Edmund K. Saffery appearing for Plaintiff Walgreen of Hawaii, LLC (Saffery, Edmund) |
| Filing 11 MOTION for Pro Hac Vice as to David M. Pernini Filing fee $ 300, receipt number AHIDC-2856896.Edmund K. Saffery appearing for Plaintiff Walgreen of Hawaii, LLC (Saffery, Edmund) |
| Filing 10 Corporate Disclosure Statement by Walgreen of Hawaii, LLC identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen of Hawaii, LLC.. (Saffery, Edmund) |
| 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 Returned Executed by Walgreen of Hawaii, LLC. Lin's Properties, LLC served on 6/16/2023. (Saffery, Edmund) |
| 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 8/14/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/16/2023. 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 Lin's Properties, LLC. (eta) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00253 JAO-RT on all further pleadings. (eta) |
| Filing 2 Summons (Proposed) (Saffery, Edmund) |
| Filing 1 COMPLAINT Walgreen of Hawaii, LLC's Complaint for Declaratory Judgment and Specific Performance against Lin's Properties, LLC ( Filing fee $ 402 receipt number AHIDC-2854711.), filed by Walgreens of Hawaii, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Saffery, Edmund) |
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