Aguinaldo v. Yee, et al.
| Imelda Sevilleja Aguinaldo |
| Harry Yee, Jeremy N. Hendon, Isaac M. Hoenig, Judge Michael Seabright, Judge Kenneth J. Mansfield, Venice Lim Hochman, MK Russell Clerk, Lauri Visser, Ewdwin Oean Curry, Michelle Malmin, Cheryl Corderro, Time Cox, John and Jane Does and United States of America |
| 1:2024cv00020 |
| January 16, 2024 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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| Filing 19 EO: On February 27 2024, the government filed both a motion for leave to exceed the word and page limitations of the Local Rules with respect to a motion to dismiss and the subject motion to dismiss. Dkt. Nos. [16 & 17]. In light of the modest increase requested to the applicable word limitation, the motion for leave, Dkt. No. #16 , is GRANTED. However, counsel is forewarned that any future request for leave to excuse applicable Local Rules must be filed well in advance of the filing of the subject document. Filings on the same day are NOT well in advance. Finally, pursuant to Local Rule 7.1(c), the Court sets the motion to dismiss, Dkt. No. #17 , for hearing on April 25, 2024 at 2:00 p.m. in Aha Kupono. Briefing shall be pursuant to Local Rule 7.2. (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 18 MEMORANDUM in Opposition re #11 MOTION to Remand to State Court Defendants' Memorandum in Opposition to Plaintiff's Motion for Remand (ECF No. 11); Certificate of Service filed by Ewdwin Oean Curry, Jeremy N. Hendon, Venice Lim Hochman, Isaac M. Hoenig, Kenneth J. Mansfield, Michael Seabright, United States of America, Harry Yee. (Moriyama, Rachel) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Complaint (ECF No. 1-2); Certificate of Service Rachel S. Moriyama appearing for Defendants Jeremy N. Hendon, United States of America, Isaac M. Hoenig, Kenneth J. Mansfield, Michael Seabright, Harry Yee, Ewdwin Oean Curry, Venice Lim Hochman (Attachments: #1 Memorandum in Support)(Moriyama, Rachel) |
| Filing 16 MOTION for Leave to File Excess Pages Defendants' Motion for Leave to File an Oversized Memorandum in Support of Defendants' Motion to Dismiss Complaint; Certificate of Service Rachel S. Moriyama appearing for Defendants Ewdwin Oean Curry, Jeremy N. Hendon, Venice Lim Hochman, Isaac M. Hoenig, Kenneth J. Mansfield, Michael Seabright, United States of America, Harry Yee (Attachments: #1 Declaration of Rachel S. Moriyama, #2 Exhibit "A")(Moriyama, Rachel) |
| Filing 15 NOTICE by Kenneth J. Mansfield, Michael Seabright, United States of America Notice of Appearance on Behalf of Defendants United States of America, J. Michael Seabright, and Kenneth J. Mansfield; Certificate of Service Kenneth J. Mansfield, Michael Seabright, United States of America. (Moriyama, Rachel) |
| Filing 14 NOTICE of Appearance by Anthony J. Iozzo on behalf of Ewdwin Oean Curry, Jeremy N. Hendon, Venice Lim Hochman, Isaac M. Hoenig on behalf of Ewdwin Oean Curry, Jeremy N. Hendon, Venice Lim Hochman, Isaac M. Hoenig. (Iozzo, Anthony) |
| Filing 13 EO: On February 9, 2024, Plaintiff Imelda Aguinaldo filed a motion to remand this action to state court. Dkt. No. #11 . Pursuant to Local Rule 7.1(c), the Court elects to decide the motion to remand without a hearing. Briefing shall be as follows: any response to the motion to remand shall be filed on or before February 27, 2024; Plaintiff may file a reply to any response on or before March 12, 2024. 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 12 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, re 1CCV No. 230001630. (Attachments: #1 Complaint, #2 Notice of Electronic Filing, #3 Payment Due to Court, #4 Notice of Electronic Filing, #5 Fee Exemption Form, #6 Notice of Electronic Filing, #7 Notice Re: First Circuit Court Civil Matter, #8 Notice of Electronic Filing, #9 Receipt, #10 Notice of Electronic Filing, #11 Notice of Adding Parties, #12 Notice of Filing Notice of Removal, #13 Notice of Electronic Filing, #14 Attachment to Notice of Filing of Notice of Removal of Civil Action, #15 Notice of Electronic Filing, #16 Order Directing Clerk to Issue Writ of Certiorari, #17 Notice of Electronic Filing, #18 Writ of Certiorari to Circuit Court of the First Circuit, State of Hawaii, #19 Notice of Electronic Filing, #20 Mailing Documentation) (eta) |
| Filing 11 MOTION to Remand; (Certificate of Service attached) - by Plaintiff Imelda Sevilleja Aguinaldo (Attachments: #1 Mailing Documentation)(eta) |
| Filing 10 Exhibits to #9 Petition for Judicial Review of Agency Action 5 U.S.C. 702 - filed by Imelda Sevilleja Aguinaldo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) Note: Exhibit 3 is labeled as containing 7 pages. The original document contained 5 pages and was scanned as received. (eta) |
| Filing 9 PETITION for Judicial Review of Agency Action 5 U.S.C. 702 - filed by Imelda Sevilleja Aguinaldo. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 8 WRIT of Certiorari to the Circuit Court of the First Circuit, State of Hawaii issued. (eta) |
Filing 7
ORDER DIRECTING CLERK TO ISSUE WRIT OF CERTIORARI re #5 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/22/2024. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #7 ORDER DIRECTING CLERK TO ISSUE WRIT OF CERTIORARI and #8 Writ of Certiorari shall be served by First Class Mail to Imelda Sevilleja Aguinaldo at the address of record on January 23, 2024. A certified copy of #7 ORDER DIRECTING CLERK TO ISSUE WRIT OF CERTIORARI and #8 Writ of Certiorari shall be served by First Class Mail to the Circuit Court of the First Circuit, State of Hawaii on January 23, 2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 6 EO: In order to allow time for service of the Complaint, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 2/21/2024 to 6/17/2024 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) (jo)COURT'S CERTIFICATE OF SERVICE - Imelda Sevilleja Aguinaldo will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 19, 2024. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the NEF. |
| Filing 5 APPLICATION for Writ of CERTIORARI ORDERING THE CIRCUIT COURT RECORDS FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII; CERTIFICATE OF SERVICE by Harry Yee. (Moriyama, Rachel) |
| Filing 4 NOTICE by Harry Yee Notice of Appearance and Substitution of Counsel on Behalf of Defendant Harry Yee; Certificate of Service Harry Yee. (Moriyama, Rachel) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/21/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/16/2024. COURT'S CERTIFICATE OF SERVICE - Imelda Sevilleja Aguinaldo shall be 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). (jni)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00020 DKW-WRP on all further pleadings. COURT'S CERTIFICATE OF SERVICE - Imelda Sevilleja Aguinaldo shall be served by First Class Mail to the addresses of record listed on the (NEF) on 1/16/2024. 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)(jni) |
| Filing 1 NOTICE OF REMOVAL by Harry Yee Notice of Removal of Civil Action and Certificate of Service from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-23-0001630., filed by Harry Yee. (Attachments: #1 Certification of Dana A. Barbata, #2 Exhibit "A", #3 Civil Cover Sheet)(Ching, Edric) |
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