Jeffrey-Steven of the House of Jarrett v. State of Hawaii et al
| Jeffrey-Steven of the House of Jarrett |
| State of Hawaii, Judiciary of Hawaii, Annalisa Beranard-Lee, Danlyn Kapaku, Jesica Takitani-Moses, Christopher Coble, Shelly Miyashiro, Danny Kapaku, Wade Maeda, John Pelletier, Jared Dudoit, Josh Green, Sylvia Luke and Does a thru z-999 |
| 1:2024cv00040 |
| February 1, 2024 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Admission Statement re: Proof of Service - by Jeffrey-Steven of the House of Jarrett (Attachments: #1 Mailing Documentation)(eta) |
| Filing 17 Notice of Default; Clerk to Enter Default on to the Record; MOTION for Reconsideration, Strike, in Part, EO of March 11; Memorandum A, B, C, D re 13 - by Plaintiff Jeffrey-Steven of the House of Jarrett (Attachments: #1 Mailing Documentation)(eta) |
| Filing 16 Motion to Deny Defendant's Council's #9 MOTION to Dismiss Complaint "Doc 9"; Answer and Rebuttal to Same; Memorandum A & B - filed by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 15 FRCP Rule 55(b)(1) Mandated action re #14 - by Jeffrey-Steven of the House of Jarrett. (eta) |
| Filing 14 Notice of Default; Clerk to Enter Default on the Record; Memorandum A - by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
Filing 13
EO: On March 11, 2024, Plaintiff filed a #12 Notice of Default; Clerk to Enter Default on to the Record; Notice to Court Inability to "Meet" according to Order Setting Rule 16 Scheduling Conference ("Request"). Therein, Plaintiff asks the Court to enter default pursuant to Federal Rule of Civil Procedure 55 against the following defendants: State of Hawaii, Judiciary of Hawaii ("State of Hawaii Judiciary"), Annalisa Beranard-Lee, Danlyn Kapaku, Jesica Takitani-Moses, Christopher Coble, and Shelly Miyashiro (collectively, the "Absent Defendants"). The Court has carefully reviewed the March 1, 2024 #8 Admission Statement re: Proof of Service of Summons on Defendants; Proof of Filing Notice of Removal upon the STATE OF HAWAII, Memorandum A & B, which contains proofs of service, and it appears that service was not complete as to the Absent Defendants. More specifically, the proofs of service and accompanying affidavits from Plaintiff's process servers do not indicate that Plaintiff served the Absent Defendants with the summons and a copy of the complaint, as required by Federal Rule of Civil Procedure 4(c)(1). Fed. R. Civ. P. 4(c)(1) ("A summons must be served with a copy of the complaint. "). In addition, the proofs of service as to Defendants State of Hawaii Judiciary, Annalisa Beranard-Lee, Danlyn Kapaku, and Shelly Miyashiro indicate that these individuals were not served personally or through someone duly authorized to accept service. The Court thus DENIES the #12 Request as to the Absent Defendants.To the extent Plaintiff asks the Court to enter default as to Defendants Wade Maeda, John Pelletier, and Jared Dudoit, this request is premature. The proofs of service as to these three defendants indicate that they were purportedly served on February 20, 2024. Accordingly, the deadline for these defendants to respond is today, March 12, 2024. The Court thus DENIES Plaintiff's request for entry of default as to Defendants Wade Maeda, John Pelletier, and Jared Dudoit as premature. In addition, the Court notes that service as to Defendants Wade Maeda, John Pelletier, and Jared Dudoit appears to be defective for the same reasons stated above. In other words, it appears that service as to Defendants Wade Maeda, John Pelletier, and Jared Dudoit is incomplete for failure to serve a copy of the complaint with the summons and for failure to serve these individuals personally or through someone duly authorized to accept service on their behalf.The Court acknowledges Plaintiff's statement that, given that most of the defendants have not yet entered an appearance, he is unable to meet with the defendants before the April 1, 2024 Rule 16 Scheduling Conference, as required by Federal Rule of Civil Procedure 26(f)(1). In light of the Court's denial of the Request, and given that #9 Defendants Josh Green and Sylvia Luke's Motion to Dismiss Complaint, Filed February 1, 2024, is pending before the district court, the Court CONTINUES the Rule 16 Scheduling Conference previously set for 04/01/2024 to 05/15/2024 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 05/08/2024. Parties are to participate via telephone through the court's 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 OBSERVERS Call-in: 1-650-479-3207; Code: 160 930 3683IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 03/12/2024. (kjm2)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)
|
| COURT'S CERTIFICATE of Service - a copy of 13 Entering Order, has been served by First Class Mail to Jeffrey-Steven of the House of Jarrett at the address of record on March 12, 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 12 Notice of Default; Clerk to Enter Default on to the Record; Notice to Court Inability to "Meet" according to Order Setting RULE 16 Scheduling Conference - by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
|
Filing 11
EO: ORDER SETTING NON-HEARING BRIEFING SCHEDULE.Sylvia Luke and Josh Greens ("Defendants") MOTION #9 to Dismiss, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 3/20/2024.Optional Reply Memorandum is due: 4/3/2024.Defendants MOTION #9 to Dismiss; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI)(afe)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 10 Notice of Correction(s) re #1 Complaint - filed by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 9 MOTION to Dismiss COMPLAINT, FILED FEBRUARY 1, 2024 Isaac Hans Kenneth Ickes appearing for Defendants Sylvia Luke, Josh Green (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Ickes, Isaac) |
| Filing 8 Admission Statement re: Proof of Service of Summons on Defendants; Proof of Filing of Notice of Removal upon the State of Hawaii; Memorandum A& B - filed by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 6 NOTICE OF REMOVAL by Jeffrey-Steven of the House of Jarrett from Second Circuit Court, State of Hawaii, case number 2DTC-23-04182 - filed by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 5 Summons Issued as to All Defendants. (eta) |
| Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of a Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of the Service of Summons)(eta) |
|
Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 4/1/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/1/2024. A copy of the order was given to the Plaintiff at the time of filing. (eta)
|
| Filing 2 Filing fee: $ 405, receipt number 2487 re #1 Complaint (eta) |
| Filing 1 COMPLAINT against All Defendants - filed by Jeffrey-Steven of the House of Jarrett. (Attachments: #1 Memorandum A, #2 Memorandum B)(eta) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
