Hauanio v. The Michaels Organization
| Sunshine H. Hauanio |
| The Michaels Organization |
| 1:2023cv00354 |
| August 23, 2023 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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Filing 13
EO: The Telephonic Rule 16 Scheduling Conference set for 10/23/2023 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 1/26/2024 at 9:00 AM. Scheduling conference statements must be filed by 1/19/2024.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)(rt2)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 12
ORDER MODIFYING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, ECF NO. 9, AND GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, ECF NO. 2 re #9 - Signed by JUDGE J. MICHAEL SEABRIGHT on 10/12/2023. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to 28 U.S.C. 636(b)(1) and 636(b)(1)(C), and Local Rule 74.1, the Findings and Recommendation are MODIFIED and the Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. 2, is GRANTED. The court ADOPTS in all other respects the Findings and Recommendation, ECF No. 9, as the opinion and order of this court. As provided in the Findings and Recommendation, pro se Plaintiff Sunshine H. Hauanio ("Plaintiff") must file an amended complaint by November 13, 2023. Plaintiff may not expand her claims beyond those already alleged herein or add new claims, without explaining how those new claims relate to the claims alleged in the Complaint. Claims that do not properly relate to those in the Complaint are subject to dismissal.COURT'S CERTIFICATE OF SERVICE - Sunshine H. Hauanio shall be served by First Class Mail to the addresses of record listed on the (NEF) on 10/12/2023. 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)
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Filing 11
ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL re #4 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/25/2023. The Court has carefully reviewed the Motion and finds that Plaintiff has not established that she has made efforts to secure counsel, her claims are meritorious and that exceptional circumstances exist to appoint pro bono counsel. Plaintiff lists the name of one counsel and does not provide any further information regarding whether communication was made with counsel. Further, it appears that Plaintiff has not sought assistance from any other attorney. The Court has also carefully reviewed the Employment Discrimination Complaint ("Complaint") (ECF No. 1) and has found that the Complaint fails to meet the pleading standard under Fed. R. Civ. P. 8. See ECF No. 9. Plaintiff also does allege that there are any exceptional circumstances. Accordingly, the Court DENIES the Motion. COURT'S CERTIFICATE OF SERVICE - Sunshine H. Hauanio shall be served by First Class Mail to the address of record listed on the (NEF) on 9/26/2023. 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)
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Filing 10
NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00354 JMS-RT on all further pleadings. COURT'S CERTIFICATE OF SERVICE - Sunshine H. Hauanio shall be served by First Class Mail to the address of record listed on the (NEF) on 9/26/2023. 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)
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Filing 9
FINDINGS AND RECOMMENDATION TO DISMISS COMPLAINT AND DENY APPLICATION TO PROCEED IN FORMA PAUPERIS re #1 , #2 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/25/2023. Based on the foregoing, the Court RECOMMENDS that the district court DISMISS the Complaint without prejudice and DENY the Application. The Court RECOMMENDS that Plaintiff be GRANTED leave to amend. If the district court dismisses and grants Plaintiff leave to amend the Complaint, Plaintiff must timely file an amended complaint by the deadline set by the district court. If the district court permits, Plaintiff must also either file another application or pay the required filing fee. Failure to meet the requirements and deadlines set forth by the district court shall result in an automatic dismissal. Due to the lack of full consent of the parties under 28 U.S.C. 636(c), the Clerk of Court is directed to ASSIGN this case to a district judge. Magistrate Judge Trader to remain as the assigned Magistrate Judge.COURT'S CERTIFICATE OF SERVICE - Sunshine H. Hauanio shall be served by First Class Mail to the address of record listed on the (NEF) on 9/26/2023. 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)
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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. (jni)
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Filing 7
AMENDED NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT.File stamp on Notice of Assignment to Magistrate Judge updated to reflect current Clerk of Court.COURT'S CERTIFICATE OF SERVICE -Sunshine H. Hauanio served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 8/24/2023. (jni)
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COURT'S CERTIFICATE of Service - a copy of 8 Notice to Parties RE: Corporate Disclosure Statement, shall be served by First Class Mail to Sunshine H. Hauanio at the address of record on the Notice of Electronic Filing (NEF) on 8/24/2023. (jni)
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Filing 6
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/23/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/23/2023. COURT'S CERTIFICATE OF SERVICE - a copy of the foregoing, as well as filed copies of the Complaint, Application for IFP, and Request for Appointment of Counsel was served upon Sunshine H. Hauanio at the Clerk's Office service counter. (jni) Modified on 8/24/2023 (jni)
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Filing 4
REQUEST for Appointment of Counsel Under the Civil Rights Act of 1964; 42 U.S.C. 2000e-5(f)(1)(B); Declaration in Support of Request - by Plaintiff Sunshine H. Hauanio. (Attachments: #1 Mailing Envelope)(jni)
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Filing 3
Proposed Summons - by Sunshine H. Hauanio. (jni)
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Filing 2
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Sunshine H. Hauanio. (Attachments: #1 Transmittal Letter, #2 Mailing Envelope)(jni)
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Filing 1
EMPLOYMENT DISCRIMINATION COMPLAINT against The Michaels Organization - filed by Sunshine H. Hauanio. (Attachments: #1 Transmittal Letter, #2 Mailing Envelope)(jni)
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