Hoang v. Hulme
| Dawn Hoang and Nick Huynh |
| Michael Hulme, Paula Hulme, Jill Caisey, Rod Easterly, Roy Vandoorn, Hawaii Life Real Estate Services, LLC, Nathalie Mullinix, Nathalie Mullinix Realty Universal, Inc., Kauai Appraisals, Inc., John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Entities 1-10 and Doe Governmental Entities 1-10 |
| 1:2023cv00384 |
| September 15, 2023 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Contract: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 EO: Pursuant to the [ECF #29 ] Stipulation to Continue Rule 16 Scheduling Conference on November 13, 2023, the Telephonic Rule 16 Scheduling Conference set for 11/13/2023 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 12/20/2023 at 10:30 a.m. Scheduling conference statements must be filed by 12/13/2023.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. (MAGISTRATE JUDGE ROM TRADER)(rt1) |
Filing 29
STIPULATION TO CONTINUE RULE 16 SCHEDULING CONFERENCE ON NOVEMBER 13, 2023; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 11/8/2023. (eta)
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| Filing 28 EO: On 11/6/2023, Plaintiffs filed a [ECF #26 ] Stipulation and Order to Continue Rule 16 Scheduling Conference on November 13, 2023 ("Stipulation"). Plaintiffs should not have filed the Stipulation without the Court's signature. They should have submitted to the court's orders box an unfiled copy of the Stipulation with the appropriate verbiage and signature line included pursuant to LR10.5. The Court thus directs the Clerk's Office to strike the [ECF #26 ] Stipulation filed on the docket.(MAGISTRATE JUDGE ROM TRADER)(rt1) |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #26 Stipulation and (Proposed) Order to Continue Rule 16 Scheduling Conference on November 13, 2023, requires the court's approval. If the filing party has not already done so, please email the document in Microsoft Word format to the chambers of Magistrate Judge Rom Trader at trader_orders@hid.uscourts.gov. The filing party may refer to Section 10.4 of the CM/ECF Procedures Guide for additional instructions and a list of chambers' email addresses. (eta) |
| Filing 27 AMENDED DOCUMENT by Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn. AMENDED CERTIFICATION OF MEET AND CONFER. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(Case, David) |
| Filing 26 *** stricken pursuant to ECF No. 28 Entering Order *** STIPULATION and (Proposed) Order to Continue Rule 16 Scheduling Conference on November 13, 2023 by Dawn Hoang, Nick Huynh. (Schmitt, Randall) Modified on 11/8/2023 (eta). Modified on 11/8/2023 (eta). |
| Filing 25 EO: Defendants' #24 Motion to Dismiss Plaintiffs' Second Amended Complaint does not appear to comply with the requirements set forth in the General Civil Case Procedures Before Judge Otake, see ECF No. 24-6, which require a more robust description of the LR 7.8 conference, see ECF No. 8. Counsel shall address this deficiency by no later than 11/7/2023. (JUDGE JILL A. OTAKE)(shm) |
| Filing 24 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT AGAINST DEFENDANTS HAWAII LIFE REAL ESTATE SERVICES, LLC, JILL CAISEY, ROD EASTERLY, AND ROY VANDOORN David E. Case appearing for Defendants Jill Caisey, Hawaii Life Real Estate Services, LLC, Rod Easterly, Roy Vandoorn (Attachments: #1 Memorandum IN SUPPORT OF MOTION, #2 Declaration OF DAVID E. CASE, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Supplement CERTIFICATION OF MEET AND CONFER, #7 Certificate of Service CERTIFICATE OF SERVICE)(Case, David) |
| Filing 23 NOTICE of Appearance by Kamrie Koi on behalf of Dawn Hoang, Nick Huynh on behalf of Dawn Hoang, Nick Huynh. (Koi, Kamrie) |
| Filing 22 EO: On 10/2/2023, Plaintiffs filed a Second Amended Complaint ("SAC"). ECF No. 19. The filing of the SAC does not comply with Federal Rule of Civil Procedure 15(a), given Plaintiffs have already filed a First Amended Complaint, no defendant has responded to the First Amended Complaint, the Court did not grant leave to file another pleading, and there is no indication defendants consented in writing to the filing of the SAC. See Fed. R. Civ. P. 15(a). Still, for efficiency, and given the liberal standards for granting leave to amend, the Court will deem the filing of the SAC as a request to file an amended pleading under Rule 15(a) for the purpose of addressing certain jurisdictional deficiencies, and grant that request. The Court cautions counsel to be more diligent; going forward the Court may not be as lenient in overlooking counsel's failure to comply with the Court's directives and the applicable rules.Having considered the SAC, the Court is satisfied that Plaintiffs have sufficiently addressed the jurisdictional issues raised in the Order to Show Cause, and no further action is necessary at this time. (JUDGE JILL A. OTAKE)(shm) |
| Filing 21 Summons Issued as to Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Michael Hulme, Paula Hulme, Kauai Appraisals, Inc., Nathalie Mullinix, Nathalie Mullinix Realty Universal, Inc., Roy Vandoorn. (jni) |
| Filing 20 Summons (Proposed) (Schmitt, Randall) |
| Filing 19 Second AMENDED COMPLAINT against All Defendants, filed by Dawn Hoang, Nick Huynh. (Attachments: #1 Exhibit 1, #2 Demand for Jury Trial, #3 Civil Cover Sheet)(Schmitt, Randall) Modified on 10/2/2023 (jni) |
| Filing 18 NOTICE of Appearance by David E. Case on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn. (Case, David) |
| Filing 17 NOTICE of Appearance by Robert M. Goldberg on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn. (Goldberg, Robert) |
| Filing 16 NOTICE of Appearance by Michael C. Carroll on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn on behalf of Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Roy Vandoorn. (Carroll, Michael) |
| Filing 15 EO: Plaintiffs Dawn Hoang and Nick Huynh's #13 Memorandum re: Order to Show Cause ("Memorandum") fails to address most of the issues raised in the Courts Order to Show Cause, ECF No. 9 ("OSC") and so is still insufficient to meet their jurisdictional burden. First, as to Defendant Hawaii Life Real Estate Services, LLC, while the Memorandum now adds that it is the "employer" of certain individual defendants, it is still unclear whether those employees are also its owners/members, which is determinative for an LLC's citizenship. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) ("[A]n LLC is a citizen of every state of which its owners/members are citizens."). Second, as to Defendant Nathalie Mullinix Realty Universal, Inc., the Memorandum merely repeats the allegations in the pleadings that it is a Hawai'i corporation "and a real estate broker entity licensed State of Hawai'i" without clearly alleging its principal place of business. Third, as to Defendant Kauai Appraisals, Inc., the Memorandum merely repeats the allegations in the pleadings that it is a Hawai'i corporation, still making no attempt to allege its principal place of business. Finally, as to all individuals--both Plaintiffs and the individual defendants--the Memorandum continues to allege only state of residency, despite the OSC noting that the diversity jurisdiction statute speaks of citizenship, which is based on domicile. See Kanter v. Warner-Lambert Co., 265 F.3d 853, 85758 (9th Cir. 2001). The October 2, 2023 deadline therefore remains in place and, absent a satisfactory response by that deadline, the Court will dismiss this action without prejudice. (JUDGE JILL A. OTAKE)(shm) |
| Filing 14 Summons Issued as to Jill Caisey, Rod Easterly, Hawaii Life Real Estate Services, LLC, Michael Hulme, Paula Hulme, Kauai Appraisals, Inc., Nathalie Mullinix, Nathalie Mullinix Realty Universal, Inc., Roy Vandoorn. (jni) |
| Filing 13 MEMORANDUM RE: ORDER TO SHOW CAUSE filed by Dawn Hoang, Nick Huynh. (Schmitt, Randall) |
| Filing 12 EO: The Court does not view the First Amended Complaint, ECF No. 10, as sufficiently addressing the issues raised in the Court's Order to Show Cause, ECF No. 9, regarding the citizenship of the parties in this action. The 10/2/2023 deadline for responding to the Order to Show Cause remains in effect. (JUDGE JILL A. OTAKE)(shm) |
| Filing 11 Summons (Proposed) (Schmitt, Randall) |
| Filing 10 First AMENDED COMPLAINT against All Defendants, filed by Dawn Hoang, Nick Huynh. (Attachments: #1 Exhibit 1, #2 Demand for Jury Trial, #3 Civil Cover Sheet)(Schmitt, Randall) Modified on 9/27/2023 (jni) |
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Filing 9
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 9/18/2023. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiffs must file a response to this Order to Show Cause by October 2, 2023, sufficiently identifying all parties' citizenships. Failure to timely or satisfactorily respond to this Order to Show Cause will result in a finding that Plaintiffs have failed to carry their burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice.Show Cause Response due by 10/2/2023. (jni)
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| Filing 8 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 7 Summons Issued as to Michael Hulme, Paula Hulme, Jill Caisey, Rod Easterly, Roy Vandoorn, Hawaii Life Real Estate Services, LLC, Nathalie Mullinix, Nathalie Mullinix Realty Universal, Inc., Kauai Appraisals, Inc. (jni) |
| Filing 6 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) |
| Filing 5 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 11/13/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 9/15/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00384 JAO-RT on all further pleadings. (jni) |
| Filing 2 Summons (Proposed) (Schmitt, Randall) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AHIDC-2894994.), filed by Dawn Hoang. (Attachments: #1 Exhibit 1, #2 Demand for Jury Trial, #3 Civil Cover Sheet)(Schmitt, Randall) |
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