Bentley et al v. Hickam Communities LLC
| Kasey N. Bentley, Kristofer W. Bentley, Phyllis A. Minor and Christian Butler |
| Hickam Communities LLC and Doe Defendants 1-20 |
| 1:2024cv00007 |
| January 4, 2024 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Contract: Other |
| 28 U.S.C. ยง 1446 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 EO: COURT ORDER: VACATING THE HEARING ON THE DEFENDANTS' MOTIONS TO COMPEL ARBITRATION; SETTING A HEARING ON THE MOTIONS TO REMAND FILED IN CV 24-001 AND CV 24-006; AND RESERVING RULING ON ALL THREE MOTIONS TO COMPEL ARBITRATION UNTIL THE MOTIONS TO REMAND ARE RESOLVED ... The Motions to Remand argue this Court lacks subject matter jurisdiction over CV 24-001 and CV 24-006. See, e.g., CV 24-001 Motion to Remand at PageID.251. Therefore, this Court will reserve ruling on the CV 24-001 Arbitration Motion and the CV 24-006 Arbitration Motion until the Motions to Remand have been resolved. Further, even though the plaintiffs in CV 24-007 are not seeking remand, this Courts analysis of the Motions to Remand may affect the issues presented in CV 24-007. Therefore, this Court will also reserve ruling on the CV 24-007 Arbitration Motion until the Motions to Remand have been resolved. The March 1, 2024 hearing on the Arbitration Motions and the deadline for the optional memoranda in support of the Arbitration Motions are VACATED.... If the Motions for Remand are denied, this Court will issue a new hearing date and optional reply deadline for the Arbitration Motions.If the Motions for Remand are granted, this Court will issue briefing schedule in CV 24-007 to address whether the analysis of the Motions to Remand affects CV 24-007. If the analysis does not affect CV 24-007, this Court will issue a new hearing date and optional reply deadline for the CV 24-007 Arbitration Motion. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 11 MEMORANDUM in Opposition re #7 MOTION to Compel Arbitration and to Dismiss or Stay Plaintiffs' Claims filed by Kristofer W. Bentley, Kasey N. Bentley, Christian Butler, Phyllis A. Minor. (Attachments: #1 Declaration DECLARATION OF KRISTOFER W. BENTLEY, #2 Declaration DECLARATION OF PHYLLIS A. MINOR, #3 Declaration DECLARATION OF CHRISTIAN BUTLER, #4 Declaration DECLARATION OF JAMES J. BICKERTON, #5 Exhibit EXHIBIT "1", #6 Certificate of Service CERTIFICATE OF SERVICE)(Bickerton, James) |
| Filing 10 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 1/24/2024, Defendant, Hickam Communities, LLC, filed Dkt. #7 ; a MOTION to Compel Arbitration and to Dismiss or Stay Plaintiffs' Claims.Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 2/9/2024.Reply memorandum due: 2/16/2024. Motion Hearing is set for 3/1/2024 at 02:45 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 9 DEMAND for Trial by Jury Regarding #7 Defendant Hickam Communities, LLC's Motion to Compel Arbitration and Dismiss or Stay Plaintiffs' Claims, Filed November 17, 2023, Filed January 24, 2024 (Attachments: #1 Certificate of Service)(Bickerton, James) Modified on 1/29/2024 (eta). |
| Filing 8 EO: In light of the re #7 MOTION to Compel Arbitration and to Dismiss or Stay Plaintiffs' Claims, the Telephonic Rule 16 Scheduling Conference previously set for 02/05/2024 IS CONTINUED TO 04/08/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 04/01/2024.Parties are to participate via telephone through our Zoom Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 7 MOTION to Dismiss Motion to Compel Arbitration and to Dismiss or Stay Plaintiffs' Claims, Filed November 17, 2023 Matthew C. Shannon appearing for Defendant Hickam Communities LLC (Attachments: #1 Memorandum, #2 Declaration of Phillip Carpenter, #3 Declaration of Matthew C. Shannon, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Certificate of Service)(Shannon, Matthew) Modified on 1/25/2024 (eta). |
| Filing 6 NOTICE of Appearance by Matthew C. Shannon on behalf of Hickam Communities LLC on behalf of Hickam Communities LLC. (Attachments: #1 Certificate of Service)(Shannon, Matthew) |
| Filing 5 Corporate Disclosure Statement by Hickam Communities LLC. (Attachments: #1 Certificate of Service)(Shannon, Matthew) |
| Filing 4 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) |
Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 2/5/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/5/2024. 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 2 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00007 LEK-KJM on all further pleadings. (eta) |
| PAYMENT of Fees - Payment for Complaint re #1 Notice of Removal, Filing fee $ 405, receipt number AHIDC-2941395.. (Keep-Barnes, Jai) |
| Filing 1 NOTICE OF REMOVAL by Hickam Communities LLC ( Filing fee $ 405), filed by Hickam Communities LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Certificate of Service Certificate of Service)(Keep-Barnes, Jai) |
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