In Re: Maui Fire Cases, Hawaii State Court Case No. 2CSP-23-0000057
| Individual Action Plaintiffs |
| Hawaiian Electric Industries, Inc., Maui Electric Company, Limited, Hawaiian Electric Company, Inc.,, Hawaii Electric Light Company, Inc., County of Maui, State of Hawaii, Spectrum Oceanic, LLC, Cincinnati Bell, Inc., Hawaiian Telcom Inc., Hawaii Housing Finance and Development Corporation, Trustees of The Estate of Bernice Pauahi Bishop and Does 1-200 |
| In The Matter Of: |
| 1:2024cv00035 |
| January 25, 2024 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| BARRY M KURREN |
| JILL A OTAKE |
| Real Property: Other |
| 28 U.S.C. § 1442 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 ACKNOWLEDGMENT OF RECEIPT from The Circuit Court of the Second Circuit, State of Hawaii, as to ECF #13 Transmittal Letter. (jni) |
| Filing 13 Transmittal Letter to the Circuit Court of the Second Circuit, State of Hawaii, re ECF #12 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO REMAND CASE (ECF No. 11), filed on 2/23/2024, and ECF #11 FINDINGS AND RECOMMENDATION TO REMAND CASE, filed on 2/7/2024. (jni) |
Filing 12
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO REMAND CASE (ECF No. 11) re #11 - Signed by SENIOR JUDGE HELEN GILLMOR on 2/23/2024. (jni)
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| Filing 11 FINDINGS AND RECOMMENDATION TO REMAND CASE - Signed by MAGISTRATE JUDGE BARRY M. KURREN on 2/7/2024. Based on the foregoing, the Court FINDS that this case was improperly removed and RECOMMENDS remand to the Circuit Court of the Second Circuit, State of Hawai'i.(jni) |
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Filing 10
ORDER OF RECUSAL - Signed by JUDGE JILL A. OTAKE on 2/6/2024. JUDGE JILL A. OTAKE recused. Case reassigned to SENIOR JUDGE HELEN GILLMOR for all further proceedings. Please reflect new Civil case number CV 24-00035 HG-BMK on all further filings. (jni)
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| Filing 9 REPLY to Hawaiian Electric Industries, Inc., Maui Electric Company, Limited, Hawaiian Electric Company, Inc., and Hawaii Electric Light Company, Inc.'s Response to Order to Show Cause [ECF No. 6] and Notice of Intent to Seek Remand and Request for Expedited Status Conference [ECF No. 5] filed by Individual Action Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Certificate of Service)(Wong, Cynthia) Modified on 2/6/2024: Declaration and Exhibits appear to be included in the main document as well as separate attachments. (jni) |
| Filing 8 EO: Plaintiffs' Liaison Counsel may file a response to HECO's #7 Response to Order to Show Cause by 2/2/2024 at 5:00 p.m. (JUDGE JILL A. OTAKE)(shm) |
| Filing 7 RESPONSE re 6 Link,,,,,,,,,,,, #5 Notice (Other) (Hawaiian Electric Industries, Inc., Maui Electric Company, Limited, Hawaiian Electric Company, Inc., and Hawaii Electric Light Company, Inc.s Response to Order to Show Cause [ECF No. 6] and Notice of Intent to Seek Remand and Request for Expedited Status Conference [ECF No. 5]) filed by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited. (Attachments: #1 Exhibit 1 - Trilogy Group Short Form Complaint and Ntc of Adoption)(Cox, Joachim) |
| Filing 6 EO: On 1/25/2024, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited, Hawaiian Electric Company, Inc., and Hawaii Electric Light Company, Inc. (collectively "HECO") removed a "Master Complaint" from the Circuit Court of the Second Circuit, State of Hawai'i. ECF No. 1. No specific plaintiff or plaintiffs are named in the "Master Complaint" attached to the Notice of Removal. See ECF No. 1-1. Also attached to the Notice of Removal is an Order Granting Plaintiffs' Motion for Entry of Case Management Order No. 2 (Master Complaint) Filed November 15, 2023 ("Case Management Order"). ECF No. 1-2. That Case Management Order indicates that the Second Circuit Court has created a "Special Proceeding" to consolidate and coordinate actions related to the Maui fires and, to that end, has authorized the filing of a "Master Complaint" in actions filed by individual plaintiffs (i.e., with no class claims). ECF No. 1-2. That Case Management Order further contemplatesthat the plaintiff(s) in each such action (whether filed before or after the Master Complaint) must take additional steps - - by filing either a "Short Form Complaint" or a "Notice of Adoption" - - before the Master Complaint becomes the operative pleading in their respective case. See, e.g., ECF No. 1-2 at 11-13 ("Upon filing the Notice of Adoption, the IP Master Complaint, as amended by the Plaintiff's Notice of Adoption, shall be the operative pleading for that plaintiff.") (emphasis added).By 1/30/2024 at 5:00 p.m., HECO is therefore ORDERED TO SHOW CAUSE in writing why this action should not be remanded given that the Master Complaint, on its own, is not the operative pleading in any civil action pending in state court, and must further address why they should not be required to separately remove each individual action that may adopt the Master Complaint, but only after a plaintiff has filed either a "Short Form Complaint" or "Notice of Adoption," assuming removal is otherwise appropriate. See 28 U.S.C. 1441, 1446; see also In re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Prod. Liab. Litig., 2012 WL 4757693 (E.D. Pa. Oct. 5, 2012) (remanding action where master complaint was on file but defendant removed the action before the individual plaintiff had filed a short-form complaint); cf. Jones v. G2 Secure Staff, LLC, 2017 WL 877293, at *3 (C.D. Cal. Mar. 6, 2017) ([R]emoval jurisdiction based on an amended pleading arises only after the subsequent pleading becomes operative.)(citation omitted).Based on HECO's response to this Order to Show Cause, the Court may: permit Plaintiffs' Liaison Counsel to file a response, direct Plaintiffs' Liaison Counsel to file their contemplated motion to remand, see ECF No. 5, or take other action. (JUDGE JILL A. OTAKE)(shm) |
| Filing 5 NOTICE by Individual Action Plaintiffs Notice of Intent to Seek Remand and Request For Expedited Status Conference Individual Action Plaintiffs. (Attachments: #1 Certificate of Service)(Wong, Cynthia) |
| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00035 JAO-BMK on all further pleadings. (eta) |
| Filing 3 CIVIL Cover Sheet by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited. (Attachments: #1 Attachment to Civil Cover Sheet)(Cox, Joachim) |
| Filing 2 Corporate Disclosure Statement by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited identifying Corporate Parent Hawaiian Electric Industries, Inc. for Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Maui Electric Company, Limited.. (Cox, Joachim) |
| Filing 1 NOTICE OF REMOVAL by Hawaiian Electric Industries, Inc., Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Maui Electric Company, Limited from Circuit Court of the Second Circuit, State of Hawai'i, case number 2CSP-23-0000057. ( Filing fee $ 405 receipt number AHIDC-2950813), filed by Hawaiian Electric Industries, Inc., Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc.,, Maui Electric Company, Limited. (Attachments: #1 Exhibit 1 - Individual Plaintiffs' Master Complaint, #2 Exhibit 2 - Order Granting Entry of Case Mgmt. Order, #3 Exhibit 3 - Eder 2nd Amended Complaint, #4 Exhibit 4 - Eder Notice of Removal, #5 Exhibit 5 - Honda Notice of Adoption, #6 Exhibit 6 - State Court Docket - Master Complaint (Part 1), #7 Exhibit 7 - State Court Docket - Master Complaint (Part 2), #8 Exhibit 8 - State Court Docket - Master Complaint (Part 3), #9 Exhibit 9 - State Court Docket - Master Complaint (Part 4), #10 Exhibit 10 - State Court Docket - Master Complaint (Part 5), #11 Exhibit 11 - State Court Docket - Master Complaint (Part 6), #12 Exhibit 12 - State Court Docket - Master Complaint (Part 7), #13 Civil Cover Sheet)(Cox, Joachim) |
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