Davis v. Kula Kai View Estates Community Association et al
| Kent Davis |
| Kula Kai View Estates, Community Association, Kula Kai View Estates Community Road Association, Randy Larson, State of Hawaii, Hawaii County Police Department and Kelden Waltgen |
| 1:2023cv00361 |
| August 29, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 EO: On September 1, 2023, the Court entered an Order to Show Cause (OSC) why this case should not be dismissed without prejudice as duplicative of Case No. 23-cv-346-DKW-WRP, Kent Davis. V. Kula Kai Estates, Community Association, et al. Dkt. No. #13 . On September 13, 2023, Plaintiff Kent Davis filed a timely response to the OSC. Dkt. No. #14 . Therein, Plaintiff "requests the court to Not dismiss the specific case and letter to the clerks which were filed electronically on July 26, 2023. Exhibit A. Plaintiff agrees with the court that one case was erroneously filed, the case which was mailed." Id. at 4. In light of the foregoing, the Court DISMISSES WITHOUT PREJUDICE and CLOSES this case, Case No. 23-cv-361-DKW-WRP, as duplicative. So it is clear, the complaint Plaintiff references as "filed electronically on July 26, 2023 is docketed at Case No. 23-cv-346 and has NOT been dismissed. Therefore, all future filings should be in Case No. 23-cv-346. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)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) |
| Filing 14 Plaintiff's RESPONSE for #13 Order to Show Cause; (Proof of Service by Overnight Mail attached) - filed by Kent Davis. (Attachments: #1 Exhibit "A", #2 Note to Clerk from Plaintiff Kent Davis, #3 Mailing Documentation)(eta) |
Filing 13
ORDER TO SHOW CAUSE - Signed by CHIEF JUDGE DERRICK K. WATSON on 9/1/2023. As a result, Davis is ORDERED TO SHOW CAUSE why this case should not be dismissed as being duplicative of Case No. 23-cv-346-DKW-WRP, Kent Davis v. Kula Kai Estates, Community Association et al. Davis may have until September 15, 2023 to file a response to this Order to Show Cause. Should Davis fail to file a timely response, this case will be dismissed without prejudice as duplicative. Show Cause Response due by 9/15/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Kent Davis shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 5, 2023.
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| Filing 12 EO: The Court VACATES the Status Conference set for 10/24/2023. The Court will schedule a Telephonic Rule 16 Scheduling Conference as appropriate. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Kent Davis shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 30, 2023. |
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Filing 11
ORDER SETTING STATUS CONFERENCE ( Status Conference - MJ is set for 10/24/2023 09:00 AM in Telephonic Hearing before MAGISTRATE JUDGE WES REBER PORTER.) - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/29/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Kent Davis shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 30, 2023.
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| Filing 10 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 civil case 5:23-cv-01517-SSS-JC; Davis v. Kula Kai View Estates, Community Association, et al., transferred from the Central District of California (Eastern Division, Riverside). Please be advised that Chief U.S. District Judge Derrick K. Watson and U.S. Magistrate Judge Wes Reber Porter have been assigned to this case. Please reflect Civil Case Number: 1:23-cv-00361-DKW-WRP on all further filings. Please refer to the Court's website, www.hid.uscourts.gov for additional information and resources. (eta)COURT'S CERTIFICATE OF SERVICE - Kent Davis shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 30, 2023. |
| Filing 9 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00361 DKW-WRP on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Kent Davis shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 30, 2023. |
| Filing 8 Case transferred in from District of California Central; Case Number 5:23-cv-01517. Original file certified copy of transfer order and docket sheet received. |
| Status Conference - MJ is set for 10/24/2023 09:00 AM in Telephonic Hearing before MAGISTRATE JUDGE WES REBER PORTER. (eta) |
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Filing 7
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII by Judge Sunshine Suzanne Sykes. Original file, certified copy of the transfer order and docket sheet sent electronically. (see document for details) (MD JS-6. Case Terminated.) (hr) [Transferred from California Central on 8/29/2023.]
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| Filing 5 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to document # 6, in the identical case, 5:23-cv-01482 SSS(JC). Case transferred to the calendar of Magistrate Judge Jacqueline Chooljian for any matters that are referred pursuant to General Order 05-07. Case number will now read 5:23-cv-01517 SSS(JC). (rn) [Transferred from California Central on 8/29/2023.] |
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Filing 4
ORDER TO REASSIGN CASE Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (identical case) by Judge Percy Anderson, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Sunshine Suzanne Sykes for all further proceedings. Case number now reads as 5:23-cv-01517 SSS(SSC). (rn) [Transferred from California Central on 8/29/2023.]
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and referred to Magistrate Judge Stephanie S Christensen. (sh) [Transferred from California Central on 8/29/2023.] |
| Filing 2 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Complaint - (Referred),, #1 . The following error(s) was/were found: Other error(s) with document(s): The caption of the summons must match the complaint verbatim. Please resubmit your summons 08/01/2023 with a corrected caption so we can issue it.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (sh) [Transferred from California Central on 8/29/2023.] |
| Filing 6 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Kent Davis. (et) [Transferred from California Central on 8/29/2023.] Modified on 8/29/2023 (eta). |
| Filing 1 COMPLAINT filed against Defendants Kula Kai View Estates Community Association, Kula Kai View Estates Community Road Association, Randy Larson, State of Hawaii and its Employees Hawaii County Police Department, Kelden Waltgen Case assigned to Judge Percy Anderson and referred to Magistrate Judge Stephanie S. Christensen.(Filing fee $402 FEE PAID ), filed by Plaintiff Kent Davis. (Attachments: #1 Civil Cover Sheet) (sh) (Additional attachment(s) added on 8/3/2023: #2 Summons) (sh). [Transferred from California Central on 8/29/2023.] |
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