David v. Naylor et al
| Marino David, Jr. |
| Thomas Naylor and Ke Nui Kitchen |
| 1:2023cv00416 |
| October 11, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| 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 November 2, 2023. A more recent docket listing may be available from PACER.
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Filing 8
EO: Plaintiff has written to the court asking to file a motion to withdraw his complaint. The court construes his request as a notice of dismissal under Rule 41 of the Federal Rules of Civil Procedure. No motion or court ruling is required for such a voluntary notice. This case is dismissed pursuant to Plaintiff's notice. The Clerk is directed to close this case. re #7 (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 8 EO (Entering Order) has been served by First Class Mail to the addresses of record on Marino David, Jr.. 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 7
Letter addressed to the Clerk's Office from Marino David, dated 1/1/2023, re: request to file a motion to withdraw complaint. (jni)
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Filing 6
EO: The court previously set a deadline of November 10, 2023, for submission of an Amended Complaint and either payment of the fee for commencing a civil action or submission of a new in forms pauperis application. That deadline is extended to November 13, 2023, because the earlier deadline fell on a day that the court is closed to observe Veterans' Day. Failure to meet that new deadline will result in termination of the lawsuit. (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 6 EO (Entering Order) has been served by First Class Mail to the addresses of record on Marino David, Jr. 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
ORDER DISMISSING COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED INFORMA PAUPERIS AND REQUEST FOR APPOINTMENT OF COUNSEL re #1 , #2 , #3 - Signed by JUDGE SUSAN OKI MOLLWAY on 10/13/2023. David's Complaint is dismissed, and the IFP Application and request for appointment of counsel are denied as moot. The court grants David leave to file an Amended Complaint that states a viable claim no later than November 10, 2023. David may submit another IFP Application and request for appointment of counsel at that time. Failure to file an Amended Complaint by November 20,2023, 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 #5 Order and Forms Pro Se 1 and 7 has been served by First Class Mail to the addresses of record on Marino David, Jr. 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 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 12/11/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/11/2023. COURT'S CERTIFICATE OF SERVICE - A copy of the foregoing as well as ECF Nos. #1 , #2 , and #3 were served upon Marino David Jr. at the Clerk's Office service counter.
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Filing 3
REQUEST FOR APPOINTMENT OF COUNSEL UNDER THE CIVIL RIGHTS ACT OF 1964; 42 U.S.C. 2000e-5(f)(l)(B); DECLARATION IN SUPPORT OF REQUEST; EXH. A - by Plaintiff Marino David, Jr. (Attachments: #1 Exhibit A - Dismissal and Notice of Rights)(jni)
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Filing 2
APPLICATION to Proceed in District Court without Prepaying Fees or Costs - by Plaintiff Marino David, Jr. (jni)
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Filing 1
EMPLOYMENT DISCRIMINATION COMPLAINT; EXH A against Thomas Naylor, Ke Nui Kitchen - filed by Marino David, Jr. (Attachments: #1 Exhibit A)(jni)
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