Zamora, et al. v. Gannon, et al
| Gregory Zamora and Seven Aromaz, Inc. a California corporation doing business as Total Food Solutions |
| Beverly Gannon, Haliimaile Store, Inc., Mr. Tuttle, LLC, Gather Restaurant Group, LLC, Does I through XV and ROE Corporations I through X, inclusive |
| 1:2023cv00264 |
| June 23, 2023 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 EP: CONFIDENTIAL TELEPHONIC SETTLEMENT CONFERENCE held on 8/15/2023.Discussion had. Court extended mediator's proposal. No settlement.Parties to further consider settlement posture.Court sets Telephone Conference for 8/30/2023 at 8:45 a.m. 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.Parties granted leave to engage the Court ex parte regarding settlement in the interim.(No Record / 1:50 - 4:11 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
Filing 35
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 8/1/2023. (adi)
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| Filing 34 EP: TELEPHONIC STATUS CONFERENCE held on 8/1/2023.Discussion had. Parties confirm this is one of two related cases involving these parties. First case filed by instant Defendants against instant Plaintiffs in Hawaii state circuit court (Maui) seeking declaratory relief. Parties confirm judgment issued for instant defendants against instant plaintiffs. Appeal now pending.Second case filed by instant Plaintiffs in Nevada state court against instant Defendants alleging breach of contract. Nevada action removed to the United States District Court for the District of Nevada and then later transferred to this Court.Given the circumstances, parties amenable to early settlement discussions. If case does not settle, Defendants anticipate filing early motion for summary judgment.Court sets Telephonic Early Settlement Conference for 8/15/2023 at 1:30 p.m. beforeMagistrate Judge Trader. Brief confidential settlement conference statements due by 8/10/2023 and shall be delivered (one set, hard copy) to the Clerk's Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov. Clients to be available on standby.In preparation for the 8/15/2023 Early Settlement Conference, the Court directs the exchange of settlement demands as follows:Plaintiffs to send demand by 8/4/2023.Defendants to respond by 8/9/2023.To monitor status, Court sets Telephone Conference for 12/1/2023 at 8:30 a.m. 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 for both the 8/15/2023 Early Settlement Conference and 12/1/2023 Telephone Conference are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Parties granted leave to engage the Court ex parte regarding settlement in the interim.Rule 16 Scheduling Order to issue.Dates given:Non-Jury Trial is set for 11/13/2024 at 9:00 AM in before DISTRICT JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 10/30/2024 at 10:00 AM before DISTRICT JUDGE SUSAN OKI MOLLWAY. Telephonic Final Pretrial Conference is set for 10/1/2024 at 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Telephonic Settlement Conference is set for 8/9/2024 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 6/17/2024. Discovery due by 6/17/2024.Other Matters:Court sets Telephone Conference for December 1, 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. An Early Telephonic Settlement Conference is set for August 15, 2023 at 1:30 PM before Magistrate Judge Trader. Confidential Early Settlement Conference Statements due by August 10, 2023.Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(adi) |
| Filing 33 Mail Returned as Undeliverable, re: ECF 30. Mail sent to Jose E. Valenzuela, III, Esq. returned by USPS - Return to Sender, Refused, Unable to Forward. (jni) |
| Filing 32 Mail Returned as Undeliverable, re: ECF 30. Mail sent to Bryanna Gutierrez, Esq. returned by USPS - Return to Sender, Refused, Unable to Forward. (jni) |
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Filing 31
NOTICE OF APPEARANCE AND WITHDRAWAL OF COUNSEL FOR PLAINTIFFS and ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 7/21/2023.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #31 Notice of Appearance and Withdrawal of Counsel; Order shall be served by First Class Mail to Jose E. Valenzuela, III, Esq. and Bryanna Gutierrez, Esq. at the addresses of record on 7/24/2023. Additionally, a filed copy will be sent on 7/21/2023 to the email address of record for Addison D. Bonner, Esq. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) Modified on 7/21/2023 (jni) |
| Filing 30 EO: To date, Plaintiffs Gregory Zamora and Seven Aromaz, Inc. (collectively, "Plaintiffs") have neither filed a notice of appearance by local counsel or sought pro hac vice admission for currently captioned Nevada counsel, Jose E. Valenzuela, III or Bryanna Gutierrez. LR83.1 and LR83.2. Plaintiffs are directed to address this via appropriate submissions/filings by no later than 7/24/2023.In light of the foregoing, the Telephone Conference scheduled for 7/24/2023 at 9:00 a.m. is CONTINUED to 8/1/2023 at 8:30 a.m. before Magistrate Judge 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)(laa) |
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Filing 29
NOTICE OF APPEARANCE AND WITHDRAWAL OF COUNSEL FOR DEFENDANTS and ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 6/29/2023. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #29 Notice of Appearance and Withdrawal of Counsel shall be served by First Class Mail to Bryanna Gutierrez, Esq., Jose E. Valenzuela, III, Esq. and Martin A. Little, Esq. at the addresses of record on June 29, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
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Filing 28
ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/23/2023. ( Status Conference - MJ is set for 7/24/2023 09:00 AM in Telephonic Hearing before MAGISTRATE JUDGE ROM TRADER.) (eta)
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| Filing 27 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00264 SOM-RT on all further pleadings. (eta) |
| Filing 26 Case transferred in from District of Nevada; Case Number 2:22-cv-01898. Original file certified copy of transfer order and docket sheet received. |
| NOTICE TO PARTIES: The Clerk of Court for the U.S. District Court, District of Hawaii gives notice of its receipt of the electronic case record of 2:22cv01898JAD-VCF, Gregory Zamora, et al. v. Beverly Gannon, et al., transferred from the District of Nevada (Las Vegas). Please be advised the Senior U.S. District Judge Susan Oki Mollway and U.S. Magistrate Judge Rom Trader have been assigned to this case. All further filings shall reflect case number 1:23-cv-00264-SOM-RT. Submission of Pro Hac Vice Applications: All counsel shall refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of pro hac vice applications and the designation of local counsel. The Local Rules for the District of Hawaii and other court resources are available at the Court's website, www.hid.uscourts.gov. (eta) |
| COURT'S CERTIFICATE of Service - a copy of 27 Notice of Case Assignment, Notice to Parties and #28 Order Setting Status Conference has been served by First Class Mail to Bryanna Gutierrez, Esq., Jose E. Valenzuela, III, Esq. and Martin A. Little, Esq. at the addresses of record on June 23, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
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Filing 25
ORDER Transferring Venue to the U.S. District Court for the District of Hawaii. IT IS ORDERED that #6 Defendant Gather Restaurant Group, LLC's motion to dismiss is GRANTED. Gather Restaurants Group, LLC, is TERMINATED as a party in this case. IT IS FURTHER ORDERED that #7 Defendants' motion to transfer venue is GRANTED. Signed by Judge Jennifer A. Dorsey on 6/22/2023. (Copies have been distributed pursuant to the NEF - AF) [Transferred from Nevada on 6/23/2023.]
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| Filing 24 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/22/2023 before Judge Jennifer A. Dorsey. Crtrm Administrator: S. Rivera; Pla Counsel: Jose Valenzuela; Def Counsel: Martin Little; Court Reporter: Amber McClane; Time of Hearing: 11:25 am - 12:06 pm; Courtroom: 6D;The court having heard oral argument on June 22, 2023, on the defendants various motions to dismiss #6 #7 , and for the reasons stated on the record, IT IS ORDERED that Defendant Gather Restaurant Groups motion to dismiss for want of personal jurisdiction #6 is GRANTED. The claims against the Gather Restaurant Group are DISMISSED for want of personal jurisdiction. The Clerk of Court is directed to TERMINATE Gather as a party to this case.IT IS FURTHER ORDERED that Defendants Gannon, Halhmaile, and Mr. Tuttles motion to transfer venue under 29 U.S.C. 1404(a) #7 is GRANTED. The Clerk of Court is directed to TRANSFER the remaining portions of this case to the United States District Court for the District of Hawaii and CLOSE THIS MATTER. To the extent that these motions contained other motions, theories, and requests, they are denied without prejudice as moot.Written order to be issued. (no image attached) (Copies have been distributed pursuant to the NEF - SLR) [Transferred from Nevada on 6/23/2023.] |
| Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 5/26/2023. By Deputy Clerk: Danielle Cacciabaudo.Due to a conflict in the Court's schedule, the Motions Hearing Re: #6 and #7 Motions to Dismiss currently set for 6/1/2023 is VACATED and CONTINUED to 6/22/2023 at 11:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (no image attached) (Copies have been distributed pursuant to the NEF - DC) [Transferred from Nevada on 6/23/2023.] |
| Filing 22 NOTICE of Supplemental Evidence in Support of Motion to Stay by Beverly Gannon.. (Attachments: #1 Exhibit A- Order Granting Plaintiffs' MSJ, #2 Exhibit B- Final Judgment)(Little, Martin) Modified on 5/25/2023 #7 (WJ). [Transferred from Nevada on 6/23/2023.] |
| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/25/2023. By Deputy Clerk: Summer Rivera. IT IS ORDERED that a Motion Hearing is set for Thursday, June 1, 2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey on #6 MOTION to Dismiss and #7 MOTION to Dismiss. (no image attached) (Copies have been distributed pursuant to the NEF - SLR) [Transferred from Nevada on 6/23/2023.] |
| Filing 20 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/6/2023 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Jose Valenzuela; Def Counsel: Christopher Rose for Martin Little; Recording start and end times: 1:49 - 2:30 pm; Courtroom: 3D;The court makes preliminary remarks and hears representations of counsel. IT IS ORDERED that #15 MOTION to Stay Discovery is GRANTED. IT IS FURTHER ORDERED that #16 Proposed Discovery Plan and Scheduling Order is DENIED as MOOT. If the case proceeds after a decision has been made on the dispositive motions, the parties are to file a Proposed Discovery Plan and Scheduling Order 20 days after the ruling. A Status Conference is set for 9/6/2023 at 02:00 PM in LV Courtroom 3D by videoconference before Magistrate Judge Cam Ferenbach. Counsel must email Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, September 5, 2023. INSTRUCTIONS FOR THE VIDEO CONFERENCE:Instructions to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. Log on to the call ten (10) minutes prior to the hearing time. Mute your sound prior to entering the hearing. Do not talk over one another. State your name prior to speaking for the record. Do not have others in the video screen or moving in the background. No recording of the hearing. No forwarding of any video conference invitations. Unauthorized users on the video conference will be removed. (Copies have been distributed pursuant to the NEF - TR) [Transferred from Nevada on 6/23/2023.] |
| Filing 19 REPLY to Response to #15 Motion to Stay Case or Discovery by Defendant Beverly Gannon. (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
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Filing 18
ORDER Re: #15 Motion to Stay Case or Discovery and #16 Discovery Plan and Scheduling Order. Motion Hearing set for 3/6/2023 at 02:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/17/2023. (Copies have been distributed pursuant to the NEF - KF) [Transferred from Nevada on 6/23/2023.]
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| Filing 17 RESPONSE to #15 Motion to Stay Case or Discovery by Plaintiff Gregory Zamora. Replies due by 2/22/2023. (Attachments: #1 Appendix Exhibit Index and Appendix)(Gutierrez, Bryanna) [Transferred from Nevada on 6/23/2023.] |
| Filing 16 Proposed Discovery Plan and Scheduling Order by Plaintiffs Seven Aromaz, Inc., Gregory Zamora.. (Valenzuela, Jose) [Transferred from Nevada on 6/23/2023.] |
| Filing 15 MOTION to Stay Discovery by Defendant Beverly Gannon. Responses due by 2/15/2023. (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 14 NOTICE of Appearance by attorney Jose E. Valenzuela, III on behalf of Plaintiffs Seven Aromaz, Inc., Gregory Zamora. (Valenzuela, Jose) [Transferred from Nevada on 6/23/2023.] |
| Filing 13 REPLY to Response to #6 Motion to Dismiss by Defendant Gather Restaurant Group, LLC. (Attachments: #1 Exhibit A)(Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 12 REPLY to Response to #7 Motion to Dismiss by Defendant Beverly Gannon. (Attachments: #1 Exhibit A)(Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 11 Joint STATUS REPORT by Defendant Beverly Gannon.. (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 10 RESPONSE to #6 Motion to Dismiss by Plaintiffs Seven Aromaz, Inc., Gregory Zamora. Replies due by 12/14/2022. (Attachments: #1 Exhibit Demand Letter, #2 Exhibit Gannon Defendants Response Letter, #3 Exhibit Mediation Request, #4 Exhibit Complaint, #5 Exhibit Newspaper Articles Announcing Gathers Purchase of Defendant Gannons Restaurants)(Valenzuela, Jose) [Transferred from Nevada on 6/23/2023.] |
| Filing 9 RESPONSE to #7 Motion to Dismiss by Plaintiffs Seven Aromaz, Inc., Gregory Zamora. Replies due by 12/14/2022. (Attachments: #1 Exhibit Demand Letter, #2 Exhibit Gannon Defendants Response Letter, #3 Exhibit Mediation Request, #4 Exhibit Complaint)(Valenzuela, Jose) [Transferred from Nevada on 6/23/2023.] |
| Filing 8 STATEMENT REGARDING REMOVAL by Defendant Beverly Gannon.. (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 7 MOTION to Dismiss by Defendant Beverly Gannon, Tuttle, Haliimaile Store. Responses due by 12/7/2022. (Little, Martin) Modified on 11/23/2022 added other Ds as filers (WJ). [Transferred from Nevada on 6/23/2023.] |
| Filing 6 MOTION to Dismiss by Defendant Gather Restaurant Group, LLC. Responses due by 12/7/2022. (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
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Filing 5
ORDER granting #4 Stipulation Re: #1 Complaint. Beverly Gannon answer due 11/23/2022; Gather Restaurant Group, LLC answer due 11/23/2022; Haliimaile Store, Inc. answer due 11/23/2022; Mr. Tuttle, LLC answer due 11/23/2022. Signed by Magistrate Judge Cam Ferenbach on 11/18/2022. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 6/23/2023.]
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| Filing 4 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Complaint by Defendant Beverly Gannon. (Little, Martin) (extend) (answer) [Transferred from Nevada on 6/23/2023.] |
| Filing 3 CERTIFICATE of Interested Parties by Beverly Gannon. There are no known interested parties other than those participating in the case (Little, Martin) [Transferred from Nevada on 6/23/2023.] |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/10/2022. Statement regarding removed action is due by 11/25/2022. Joint Status Report regarding removed action is due by 12/10/2022. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from Nevada on 6/23/2023.] |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (HAM) [Transferred from Nevada on 6/23/2023.] |
| Filing 1 PETITION FOR REMOVAL from DISTRICT COURT CLARK COUNTY, NEVADA, Case Number A-22-859231-C, (Filing fee $ 402 receipt number ANVDC-7111855) by Beverly Gannon. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Declaration of Beverly Gannon, #3 Exhibit A- Mutual Release, #4 Exhibit B- Hawaii Complaint, #5 Exhibit 2- Declaration of Anthony Nigro, #6 Exhibit 3- NV State Court Complaint) (Little, Martin) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 6/23/2023.] |
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