Raquinio v. Sauers et al
| Noe Kim Raquinio |
| Craig Sauers, Addy Bass and Chase Gambill |
| 1:2023cv00278 |
| July 5, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| Environmental Matters |
| 33 U.S.C. § 1365 Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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Filing 24
CLERK'S JUDGMENT entered on 8/24/2023 in favor of Defendants, pursuant to ECF 23 Entering Order. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF) on 8/25/2023. 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). (jni) Modified on 8/24/2023 on NEF regenerated to parties. (jni)
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Filing 23
EO: The court has not received a second amended complaint from Plaintiff Noe Raquinio, and the deadline for submission of that pleading was two weeks ago. The court now dismisses this entire action and directs the Clerk of Court to enter judgment for Defendants and to close this case. All hearings, conferences, and deadlines are vacated, and this case is now at an end. (JUDGE SUSAN OKI MOLLWAY)(cib)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)
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Filing 22
Letter (fax) addressed to Honorable Senior Judge Susan Oki Mollway from Arthur Craig Sauer, dated August 31, 2023. (cib)
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Filing 21
PROOF OF SERVICE - by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 20
Summary Judgement [sic] PROOF OF SERVICE - by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 19
Plaintiff Cited AFFIDAVIT - by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 18
EO: Plaintiff has filed another summary judgment motion, but there is still no amended complaint following this court's dismissal of the earlier complaint. This court cannot address a summary judgment motion in the absence of a viable complaint. The court has reviewed Plaintiff's recent filings to see whether any of them could be fairly construed as an amended complaint that takes into account the problems the court identified in the earlier complaint. Having determined that there continues to be no amended complaint, and having denied Plaintiff's earlier summary judgment motion given the absence of a complaint, this court denies the second summary judgment motion. (JUDGE SUSAN OKI MOLLWAY)(tl)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)
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Filing 17
Plaintiffs MEMORANDUM Pionts [sic] and Authorities in Support of Motion for Summary Judgement [sic]; Certificate of Service re #16 - filed by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 16
Plaintiffs MOTION for Summary Judgement [sic]; Certificate of Service - by Plaintiff Noe Kim Raquinio. (Attachments: #1 Certificate of Service, #2 Proposed Judgement [sic])(jni) Modified on 8/7/2023 (jni)
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Filing 15
DECLERATION [sic] by Noe Raquinio; Certificate of Service - by Noe Raquinio (Attachments: #1 Certificate of Service)(jni)
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Filing 14
EO: Plaintiff has filed a summary judgment motion. However, at this point, there is no viable complaint before the court, the original complaint and the first amended complaint having been dismissed. Possibly, Plaintiff filed his summary judgment motion before having received the order dismissing the first amended complaint. In any event, the court stresses that, before the court may address the merits of any claim, Plaintiff must establish that this court has jurisdiction to do so. That is, even if Plaintiff alleges that wrongs are being committed against Plaintiff, this court cannot address the allegations if Plaintiff should be seeking relief elsewhere, such as before an agency like his Board of Water Supply or in a state court. The court has given Plaintiff a deadline of August 10, 2023, by which to submit a second amended complaint and by which to either pay the filing fee or to submit a new application to proceed in forma pauperis. That deadline remains in effect. In the meantime, the court DENIES the summary judgment motion without prejudice to Plaintiff's resubmission of the motion after Plaintiff has submitted a viable complaint. re #12 (JUDGE SUSAN OKI MOLLWAY)(cib)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)
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COURT'S CERTIFICATE of Service - a copy of 14 EO (Entering Order) has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 13
Plaintiffs Exhibit (A-4) Diagram of Typical Residential Water Service Connection; (A-5) Communication; Certificate of Service - filed by Noe Kim Raquinio. (Attachments: #1 Exhibit A-4, #2 Exhibit A-5, #3 Certificate of Service)(jni)
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Filing 12
Plaintiffs MOTION for Summary Judgment - by Plaintiff Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 11
ORDER DISMISSING FIRST AMENDED COMPLAINT re #8 . Signed by JUDGE SUSAN OKI MOLLWAY on 7/20/2023. Plaintiff is given leave to file a Second Amended Complaint by August 10, 2023. The Second Amended Complaint must stand on its own rather than referring to or incorporating by reference any prior complaint. Raquinio should clearly state the basis of federal-question jurisdiction over this case, including what federal law is implicated. If Raquinio has not satisfied all presuit requirements, he may consider allowing the present action to be dismissed and filing a new action after satisfying presuit requirements, or citing a new federal basis for jurisdiction. Alternatively, if he believes the court has diversity jurisdiction, he needs to consider each party's citizenship and the value of the relief he seeks. If Raquinio fails to file a Second Amended Complaint by August 10, 2023, the court will dismiss this case for lack of jurisdiction. (cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (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)
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COURT'S CERTIFICATE of Service - a copy of #11 Order and AO 240 (Application to Proceed Without Payment of Fees & Affidavit) has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 10
PLAINTIFFS PROOF OF TAMPERING FRESH WATER LINE - by Noe Kim Raquinio. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Certificate of Service)(jni)
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Filing 9
Plaintiff EXHIBIT (A) Recorded Video of Plaintiff Waterline - filed by Noe Kim Raquinio. (Attachments: #1 Exhibit (A), #2 Certificate of Service, #3 Mailing Envelope)1 copy of CD - Video Recording (Exhibit A) submitted to Judge Mollway's chambers.(jni)
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Filing 8
PLAINTIFFS FIRST AMENDED COMPLAINT against Craig Sauers, Addy Bass, Chase Gambill - filed by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 7
CERTIFIED RETURN SERVICE; CERTIFICATE OF SERVICE - by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 6
ORDER DISMISSING COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS re #1 , #3 . Signed by JUDGE SUSAN OKI MOLLWAY on 7/11/2023. The Complaint is dismissed, and the IFP Application is denied as moot. The court grants Plaintiff leave to file a First Amended Complaint that states a viable claim or claims no later than August 4, 2023. Plaintiff may submit another IFP Application at that time. Failure to file an Amended Complaint by August 4, 2023, as well as to pay the applicable filing fee or submit a new IFP Application, will result in the automatic dismissal of this action.(cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (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)
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COURT'S CERTIFICATE of Service - a copy of #6 Order on Motion for Leave to Proceed in forma pauperis, Form Pro Se 1 and AO 240 (Application to Proceed Without Prepayment of Fees & Affidavit) has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 5
SERVICE BY USPS REGISTERED CERTIFIED MAIL TO DEFENDANTS; CERTIFICATE OF SERVICE - by Noe Kim Raquinio. (Attachments: #1 Certificate of Service)(jni)
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 9/11/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/5/2023. COURT'S CERTIFICATE OF SERVICE - Noe Raquinio has been served by email to the email address of record listed on the (NEF). (jni)
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Filing 3
APPLICATION to Proceed in District Court without Prepaying Fees or Costs - by Plaintiff Noe Kim Raquinio. (Attachments: #1 (Proposed) Order to Proceed Without Prepaying Fees or Costs)(jni)
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Filing 2
CIVIL Cover Sheet - by Noe Kim Raquinio. (jni)
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Filing 1
COMPLAINT for a Civil Case against Craig Sauers, Addy Bass, Chase Gambill - filed by Noe Kim Raquinio.(jni)
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