Naki v. State of Hawaii
| Chardell Naki |
| State of Hawaii, Hawaii Department of Land and Natural Resources, Maui County, Peter Klint Martin, Peter Klint Martin Revocable Trust, Hope Builders Inc., Hope Builders LLC, Kauaula Land Company LLC, Kipa Centennial LLC, Douglas Poseley, Donna Anne Poseley, James C. Riley Trust, Jeanne A. Riley Trust, Wainee Land & Homes, LLC, West Maui Land Company, Inc., Makila Ranches Inc., Makila Land Co., LLC, Makila Ranches Homeowners Association, Inc., Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Robert K.W.H. Nobriga, JV Enterprises, LLC, Doe State Landowner Defendants 1-10, Doe Private Landowners 1-10, Does 1-100 and Hope Builders Holding LLC |
| 1:2023cv00435 |
| October 25, 2023 |
| US District Court for the District of Hawaii |
| BARRY M KURREN |
| JILL A OTAKE |
| WES REBER PORTER |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 ANSWER to Complaint ; Certificate of Service by Makila Ranches Homeowners Association, Inc..(O'Neill, Ralph) |
| Filing 37 ANSWER to Complaint by Hawaii Department of Land and Natural Resources, State of Hawaii.(Lam, Michael) |
| Filing 36 EO: Status conference set for Monday, December 18, 2023 at 10:30 am in Courtroom 8 has been CONTINUED to Tuesday, December 19, 2023 at 10:30 am in Courtroom 8. Honolulu counsel are to appear in person. Mainland and Maui counsel may participate via video teleconference(VTC). The Court will provide details regarding VTC access prior to the conference date. Attorneys participating via VTC are to so inform Ms. Theresa Lam at tl@hid.uscourts.gov by Wednesday, December 13, 2023. Items to be discussed at the conference include coordination and phasing of discovery and scheduling of the motions to remand. Status Conference 3 is set for 12/19/2023 10:30 AM in Courtroom 8 before MAGISTRATE JUDGE BARRY M. KURREN. (MAGISTRATE JUDGE BARRY M. KURREN)(tl) |
| Filing 35 NOTICE of Appearance by Jonathan L. Ortiz on behalf of Peter Klint Martin, Peter Klint Martin Revocable Trust on behalf of Peter Klint Martin, Peter Klint Martin Revocable Trust. (Ortiz, Jonathan) |
| Filing 34 NOTICE of Appearance by Wendy F. Hanakahi on behalf of Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose on behalf of Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose. (Hanakahi, Wendy) |
| Filing 33 NOTICE by Chardell Naki Plaintiff Chardell Naki's Status Update as to Service of Defendants Chardell Naki. (Attachments: #1 Certificate of Service)(Horowitz, D.) |
| Filing 32 NOTICE of Appearance by Madisson Leigh Heinze on behalf of Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose on behalf of Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose. (Heinze, Madisson) |
| Filing 31 EO: A status conference is set for Monday, December 18, 2023 at 10:30 am in Courtroom 8. Honolulu counsel are to appear in person. Mainland and Maui counsel may participate via video teleconference(VTC). The Court will provide details regarding VTC access prior to the conference date. Attorneys participating via VTC are to so inform Ms. Theresa Lam at tl@hid.uscourts.gov by Wednesday, December 13, 2023. Items to be discussed at the conference include coordination and phasing of discovery and scheduling of the motions to remand. (MAGISTRATE JUDGE BARRY M. KURREN)(tl) |
Filing 30
ORDER REASSIGNING CASE - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/4/2023. Please reflect new Civil case number CV 23-00435 JAO-BMK on all further pleadings.(jni)
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| Filing 29 EO: The Court intends to set a hearing on #21 Motion to Remand to State Court. Briefing deadlines will be issued when the hearing date is set. See LR7.2. (JUDGE JILL A. OTAKE)(shm) |
| Filing 28 Defendant County of Maui's ANSWER to Complaint by Maui County.(Minkin, David) |
| Filing 26 NOTICE by Chardell Naki Notice of Disaffiliation Chardell Naki. (Attachments: #1 Certificate of Service)(Kasdan, Kenneth) |
| Filing 27 TRANSMITTAL of DOCUMENTS from the Circuit Court of the Second Circuit, State of Hawaii, case number 2CCV-23-0000278. (Attachments: #1 Case Detail Docket List, #2 1-Class Action Complaint; Demand for Jury Trial; Summons, #3 2-Civil Information Sheet, #4 3-NEF, #5 4-Payment Due to Court, #6 5-NEF, #7 6-Payment, #8 7-Request to Exempt Case from CAAP; Summary of Facts, #9 8-NEF, #10 10-NEF, #11 11-Order of Assignment of Maui Fire Cases, #12 12-NEF, #13 13-Return and Acknowledgment of Service, #14 14-NEF, #15 15-Return and Acknowledgment of Service, #16 16-NEF, #17 17-Return and Acknowledgment of Service, #18 18-NEF, #19 19-Return and Acknowledgment of Service, #20 20-NEF, #21 21-Return and Acknowledgment of Service, #22 22-NEF, #23 23-Return and Acknowledgment of Service, #24 24-NEF, #25 25-Arbitration Administrator's Decision Granting Request to Exempt Case from CAAP, #26 26-NEF, #27 27-Return and Acknowledgment of Service, #28 28-NEF) (jni) (Additional attachment(s) added on 11/30/2023: #29 29-Return and Acknowledgment of Service, #30 30-NEF, #31 31-Return and Acknowledgment of Service, #32 32-NEF, #33 33-Return and Acknowledgement of Service, #34 34-NEF, #35 35-Return and Acknowledgement of Service, #36 36-NEF, #37 37-Return and Acknowledgment of Service, #38 38-NEF, #39 39-Notice of Appearance, #40 40-NEF, #41 43-NEF, #42 44-Notice of Appearance, #43 45-NEF, #44 46-Notice of Request for Scheduling Conference, #45 47-NEF, #46 48-Order Setting Scheduling Conference, #47 49-NEF, #48 50-Notice of Adding Parties) (jni). (Additional attachment(s) added on 11/30/2023: #49 51-Answer to Class Action Complaint, #50 52-NEF, #51 53-Return and Acknowledgment of Service, #52 54-NEF, #53 55-Return and Acknowledgment of Service, #54 56-NEF, #55 57-Return and Acknowledgment of Service, #56 58-NEF, #57 59-Return and Acknowledgment of Service, #58 60-NEF, #59 61-Return and Acknowledgment of Service, #60 62-NEF, #61 63-Return and Acknowledgment of Service, #62 64-NEF, #63 65-Return and Acknowledgment of Service, #64 66-NEF, #65 67-Return and Acknowledgment of Service, #66 68-NEF, #67 69-Return and Acknowledgment of Service, #68 70-NEF) (jni). (Additional attachment(s) added on 11/30/2023: #69 71-Return and Acknowledgment of Service, #70 72-NEF, #71 73-Return and Acknowledgment of Service, #72 74-NEF, #73 75-Notice of Adding Parties, #74 76-Notice of Adding Parties, #75 77-Answer to Class Action Complaint, #76 78-COS, #77 79-NEF, #78 80-Answer to Class Action Complaint, #79 81-COS, #80 82-NEF, #81 83-Notice of Filing of Notice of Removal of Civil Action, #82 84-NEF, #83 Mailing Envelope) (jni). |
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Filing 25
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Courtney C. Whang, Esq. re #17 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/28/2023.Attorney Courtney C. Whang added Pro Hac Vice for Defendants Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Robert K.W.H. Nobriga. (jni)
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Filing 24
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Ryan Landes, Esq. re #16 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/28/2023.Attorney Ryan Landes added Pro Hac Vice for Defendants Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Robert K.W.H. Nobriga. (jni)
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Filing 23
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Jeffrey N. Boozell, Esq. re #15 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/28/2023.Attorney Jeffrey N. Boozell added Pro Hac Vice for Defendants Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Robert K.W.H. Nobriga. (jni)
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| Filing 22 NOTICE of Appearance by Amanda J. Weston on behalf of Hawaii Department of Land and Natural Resources, State of Hawaii on behalf of Hawaii Department of Land and Natural Resources, State of Hawaii. (Weston, Amanda) |
| ADVISORY ENTRY-No Signature-Please be advised that Document [21-1] Declaration of Michael L. Lam, is not signed. The filing party may refer to Section 7.1 CM/ECF User's Signature, of the CM/ECF Procedures Guide, which states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear. (e.g./s/John or Jane Lawyer)" (jni) |
| Filing 21 MOTION to Remand to State Court Michael L. Lam appearing for Defendant State of Hawaii (Attachments: #1 Declaration of Michael L. Lam, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Lam, Michael) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Documents #15 , #16 , and #17 MOTION(s) for Pro Hac Vice, requires the judge's signature. If the filing party has not already done so, please email the proposed orders in Microsoft Word format to porter_orders@hid.uscourts.gov. (jni) |
| Filing 20 STATUS REPORT Status Update as to Service of Defendants by Chardell Naki. (Attachments: #1 Declaration Declaration of Counsel, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Certificate of Service Certificate of Service)(Horowitz, D.) |
| Filing 19 Corporate Disclosure Statement by JV Enterprises, LLC. (Ching, Wesley) |
| Filing 18 Corporate Disclosure Statement by Hope Builders Inc., Hope Builders LLC, Kipa Centennial LLC, Makila Land Co., LLC, Makila Ranches Inc., Wainee Land & Homes, LLC, West Maui Land Company, Inc., Hope Builders Holding LLC. (Ching, Wesley) |
| Filing 17 MOTION for Pro Hac Vice of Courtney C. Whang Filing fee $ 300, receipt number AHIDC-2922873.Nathan P Shimodoi appearing for Defendants Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose (Attachments: #1 Declaration of Courtney C. Whang)(Shimodoi, Nathan) |
| Filing 16 MOTION for Pro Hac Vice of Ryan Landes Filing fee $ 300, receipt number AHIDC-2922872.Nathan P Shimodoi appearing for Defendants Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose (Attachments: #1 Declaration of Ryan Landes)(Shimodoi, Nathan) |
| Filing 15 MOTION for Pro Hac Vice of Jeffrey N. Boozell Filing fee $ 300, receipt number AHIDC-2922871.Nathan P Shimodoi appearing for Defendants Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose (Attachments: #1 Declaration of Jeffrey N. Boozell)(Shimodoi, Nathan) |
| Filing 14 Consent Election Form |
| Filing 13 Consent Election Form |
| Filing 12 EO: On October 31, 2023, the Court ordered Plaintiff to file a Status Report as to which Defendants have been served, when they were served, and the manner in which they responded, if applicable. The Court also ordered Plaintiff to attach any proof of service and the docket sheet from the state court action. The Status Report was due on November 8, 2023 but was not filed. Accordingly, by no later than November 22, 2023, Plaintiff shall file a Status Report that complies with the Court's October 31, 2023 Minute Order. Additionally, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 11/27/2023 to 2/20/2024 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) |
| ADVISORY ENTRY-Regarding Documents #11 Consent Election Form, #13 Consent Election Form, and #14 Consent Election Form. This case has been reassigned to a United States District Judge. No further action will be taken on the above-mentioned documents. (jni) |
| Filing 11 Consent Election Form |
| Filing 10 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 9 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00435 JAO-WRP on all further pleadings. (eta) |
| Filing 8 Consent Election Form |
| EO: On October 25, 2023, Defendants Elliot Kawaiho'olana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Ka'opua, Michelle Ka'uhane, Robert K.W.H. Nobriga, and Trustees of The Estate of Bernice Pauahi Bishop removed this case to federal court. See Notice of Removal, ECF No. #1 . Plaintiff Chardell Naki, on behalf of herself and all others similarly situated, names several Defendants in this case. By no later than November 8, 2023, Plaintiff shall file a Status Report as to the service of all Defendants. The Status Report shall state which Defendants have been served, when they were served, and the manner in which they responded, if applicable. The Status Report shall also attach any proofs of service and the docket sheet from the state court action. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 7 Corporate Disclosure Statement by Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose. (Shimodoi, Nathan) |
| Filing 6 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. PLEASE COMPLETE AND FILE THE ATTACHED ELECTION FORM. FILING INSTRUCTIONS ARE ATTACHED. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court 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. (Attachments: #1 Election Form ) 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. (eta) |
| Filing 5 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. (eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 11/27/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/26/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00435 WRP on all further pleadings. (eta) |
| Filing 2 CIVIL Cover Sheet by Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Elliot Kawaihoolana Mills, Robert K.W.H. Nobriga, Crystal Kauilani Rose. (Shimodoi, Nathan) |
| Filing 1 NOTICE OF REMOVAL by Robert K.W.H. Nobriga, Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Michelle Kauhane, Jennifer Noelani Goodyear-Kaopua from In the Circuit Court of the Second Circuit, case number 2CCV-23-0000278., filed by Robert K.W.H. Nobriga, Elliot Kawaihoolana Mills, Crystal Kauilani Rose, Michelle Kauhane, Jennifer Noelani Goodyear-Kaopua. (Attachments: #1 Declaration of Nathan P. Shimodoi, #2 Exhibit A - Second Circuit Class Action Complaint, #3 Exhibit B - JV Enterprises - Idaho filing, #4 Exhibit C - Alfonso Alvarez Complaint, #5 Exhibit D -Malibu Shirts Inc. - California Registration, #6 Exhibit E - Monica Eder Second Amended Complaint, #7 Exhibit F - Club Sportswear Inc, #8 Exhibit G - Club Sportswear Inc - California Registration, #9 Exhibit H - Westside Retail Investment Complaint, #10 Exhibit I - Artist Renown - Nevada Registration, #11 Exhibit J - Artist Renown, #12 Exhibit K - Maui County Fatalities)(Shimodoi, Nathan) |
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