Manious v. R.J. Reynolds Tobacco Company
| Marvin Manious and Valerie Manious |
| R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Liggett Group LLC, Shook, Hardy & Bacon L.L.P., Covington & Burling L.L.P., Greenspoon Marder L.L.P., Womble Bond Dickinson (US) L.L.P., Foodland Super Market, Limited a Hawaii domestic corporation doing business as Foodland doing business as Sack 'N Save Foods doing business as Gas N Go, J. Hara Store, Inc., Limited and Wal-Mart Inc. |
| 1:2024cv00086 |
| February 22, 2024 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 51
ACKNOWLEDGEMENT OF RECEIPT by the Circuit Court of the Third Circuit, State of Hawaii (Kona Division) re #48 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS FOR REMAND AND SANCTIONS. (eta)
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Filing 50
Clerk's Office Transmittal Letter to the Circuit Court of the Third Circuit, State of Hawaii (Kona Division) re ECF No. #48 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS FOR REMAND AND SANCTIONS, dated March 27, 2024. (eta)
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COURT'S CERTIFICATE of Service - a certified copy of #48 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS FOR REMAND AND SANCTIONS and the docket sheet have been served by First Class Mail to the Circuit Court of the Third Circuit, State of Hawaii (Kona Division) on March 27, 2024. (eta)
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Filing 49
EO: In light of the [ECF #48 ] Order Granting in Part and Denying in Part Plaintiffs' Motions for Remand and Sanctions filed 3/11/2024, the Court VACATES the Telephonic Rule 16 Scheduling Conference scheduled for 3/25/2024 before Magistrate Judge Trader. (MAGISTRATE JUDGE ROM TRADER)(rt2)
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Filing 48
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS FOR REMAND AND SANCTIONS re #34 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/11/2024. For the foregoing reasons, the Maniouses' Emergency Motion to Remand and Supporting Memorandum of Law and Motion for Sanctions and Silva's Emergency Motion to Remand and Supporting Memorandum of Law and Motion for Sanctions, both filed February 23, 2024, are HEREBY GRANTED IN PART AND DENIED IN PART. The Motions are GRANTED insofar as Manious and Silva are REMANDED to the state court. The Motions are DENIED as to Plaintiffs' respective requests for awards of removal-related attorney's fees and costs. The Clerk's Office is DIRECTED to effectuate the remands on March 27, 2024, unless a timely motion for reconsideration of this Order is filed. (eta)
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Filing 47
ORDER GRANTING DEFENDANT R.J. REYNOLDS TOBACCO COMPANY'S MOTION TO FILE PORTIONS OF EXHIBIT "E" [DKT. NOS. 324, 338, 370, 403, 1580 & 1611] TO ITS NOTICE OF REMOVAL, FILED ON FEBRUARY 22, 2024 [ECF NO. #1 ] UNDER SEAL re #45 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/7/2024. (eta)
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ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #46 (Proposed) Order Granting Defendant R.J. Reynolds Tobacco Company's Motion to File Portions of Exhibit "E" Under Seal, requires the court's approval. If the filing party has not already done so, please email the proposed order in Microsoft Word format to the chambers of Judge Leslie E. Kobayashi at kobayashi_orders@hid.uscourts.gov. The filing party may also refer to Section 10.4 of the CM/ECF Procedures Guide for additional instructions and a list of chambers' email addresses. (eta)
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Filing 46
SUBMISSION of Proposed Order to JUDGE LESLIE E. KOBAYASHI MOTION TO FILE PORTIONS OF EXHIBIT "E [DKT. NOS. 324, 338, 370, 403, 1580 & 1611] TO ITS NOTICE OF REMOVAL UNDER SEAL. (Green, Philip)
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Filing 45
MOTION to File Documents under Seal DKT. NOS. 324, 338, 370, 403, 1580 & 1611 TO ITS NOTICE OF REMOVAL Philip Robbins Green appearing for Defendant R.J. Reynolds Tobacco Company (Green, Philip)
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Filing 44
REDACTION to #1 Notice of Removal,, Exhibit E (Redacted, as Ordered by Court [Dkt 39] by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 43
EP: Plaintiff's #34 Emergency Motion for Remand and Supporting Memorandum of Law and Motion for Sanctions held by video teleconference ("VTC")Parties for both sides present by VTC.Court orally advises the parties of its inclination to Grant the Plaintiff's #34 Emergency Motion for Remand and Deny the Award of Costs and Attorney's Fees.Arguments presented by: Philip Green, Kimberly Boldt, Wayne ParsonsCourts Oral Ruling: the Court hereby GRANTS the Plaintiffs Motion for Emergency Remand to State Court, and REMANDS the matter back to the Third Circuit and directs the Clerks office to close this case 14 days from the filing of the written order and DENIES award of costs and attorneys fees. A written order will follow that will supersede these rulings. If any party wishes to file a motion for reconsideration, the party must wait until the written order is filed to do so. (Reporter-Gloria Bediamol) (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 42
EO : APPROVAL of request from Kori Weinberger, for video access to the Emergency Motion for Remand hearing scheduled for March 5, 2024 at 11:00 a.m. in 1:24-cv-00086 LEK-RT. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 41
RESPONSE in Support of Their Motion to Remand and Motion for Sanctions filed by Marvin Manious, Valerie Manious. (Attachments: #1 Affidavit SUPPLEMENT AFFIDAVIT OF ALEJANDRO ALVAREZ; EXHIBITS "A"-K")(Alvarez, Alex)
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Filing 40
RESPONSE in Opposition re #34 Emergency MOTION to Remand AND SUPPORTING MEMORANDUM OF LAW AND MOTION FOR SANCTIONS filed by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Green, Philip)
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Filing 39
EO: COURT ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTIONS TO SEAL... The Manious Motion to Seal and the Silva Motion to Seal are GRANTED as to the information described above. The motions are DENIED in all other respects. The denial of the motions is WITHOUT PREJUDICE to the filing of new motions to seal addressing the issues identified in this entering order.By March 5, 2024, Defendant must either: 1) publicly file Exhibit E in each case, with the redactions approved in this entering order; or 2) file new motions to seal.If Defendant files a redacted version of Exhibit E in either case (or both), Defendant must also file, under seal, an unredacted version of Exhibit E. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 38
NOTICE of Appearance by Alex Alvarez, I on behalf of Marvin Manious, Valerie Manious on behalf of Marvin Manious, Valerie Manious. (Alvarez, Alex)
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Filing 37
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO RYAN T. KEARNEY, ESQ. re #33 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/26/2024. (eta)
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Filing 36
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO KIMBERLY L. BOLDT, ESQ. re #30 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/26/2024. (eta)
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Filing 35
EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 2/23/2024, Marvin Manious and Valerie Manious, ("Plaintiffs") filed Dkt. #34 ; an Emergency Motion to Remand and Supporting Memorandum of Law and Motion for Sanctions.Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 2/28/2024.Reply memorandum due: 3/1/2024. A Motion hearing on Plaintiff's #34 Emergency Motion to Remand is set for: 3/5/2024 at 11:00 AM 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)
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Filing 34
Emergency MOTION to Remand AND SUPPORTING MEMORANDUM OF LAW AND MOTION FOR SANCTIONS Wayne D. Parsons appearing for Plaintiffs Marvin Manious, Valerie Manious (Attachments: #1 Affidavit AFFIDAVIT OF ALEJANDRO ALVAREZ; EXHIBITS "1"-"2")(Parsons, Wayne)
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Filing 33
MOTION for Pro Hac Vice (Ryan T. Kearney, Esq.) Filing fee $ 300, receipt number BHIDC-2965223.Melvyn M. Miyagi appearing for Defendant R.J. Reynolds Tobacco Company (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice as to Ryan T. Kearney, #3 Certificate of Service)(Miyagi, Melvyn) Modified on 2/26/2024 (eta).
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Filing 32
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 31
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/25/2024 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/23/2024. 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 30
MOTION for Pro Hac Vice Admission of Kimberly Boldt, Filing fee $ 300, receipt number AHIDC-2964994.Sergio Rufo appearing for Plaintiff Marvin Manious (Rufo, Sergio)
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Filing 29
NOTICE of Case Assignment: Please reflect Civil case number CV 24-00086 LEK-RT on all further pleadings. (eta)
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Filing 28
MOTION to Seal Document #1 Notice of Removal, EXHIBIT "E TO ITS NOTICE OF REMOVAL Philip Robbins Green appearing for Defendant R.J. Reynolds Tobacco Company (Attachments: #1 Declaration P. Green, #2 Main Document Proposed Order)(Green, Philip)
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Filing 27
Additional Exhibits to #1 Notice of Removal, Exhibit D-26 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 26
Additional Exhibits to #1 Notice of Removal, Exhibit D-25 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 25
Additional Exhibits to #1 Notice of Removal, Exhibit D-24 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 24
Additional Exhibits to #1 Notice of Removal, Exhibit D-23 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 23
Additional Exhibits to #1 Notice of Removal, Exhibit D-22 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 22
Additional Exhibits to #1 Notice of Removal, Exhibit D-21 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 21
Additional Exhibits to #1 Notice of Removal, Exhibit D-20 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 20
Additional Exhibits to #1 Notice of Removal, Exhibit D-19 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 19
Additional Exhibits to #1 Notice of Removal, Exhibit D-18 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 18
Additional Exhibits to #1 Notice of Removal, Exhibit D-17 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 17
Additional Exhibits to #1 Notice of Removal, Exhibit D-16 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 16
Additional Exhibits to #1 Notice of Removal, Exhibit D-15 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 15
Additional Exhibits to #1 Notice of Removal, Exhibit D-14 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 14
Additional Exhibits to #1 Notice of Removal, Exhibit D-13 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 13
Additional Exhibits to #1 Notice of Removal, Exhibit D-12 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 12
Additional Exhibits to #1 Notice of Removal, Exhibit D-11 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 11
Additional Exhibits to #1 Notice of Removal, Exhibit D-10 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 10
Additional Exhibits to #1 Notice of Removal, Exhibit D-9 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 9
Additional Exhibits to #1 Notice of Removal, Exhibit D-8 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 8
Additional Exhibits to #1 Notice of Removal, Exhibit D-7 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 7
Additional Exhibits to #1 Notice of Removal, Exhibit D-6 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 6
Additional Exhibits to #1 Notice of Removal, Exhibit D-5 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 5
Additional Exhibits to #1 Notice of Removal, Exhibit D-4 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 4
Additional Exhibits to #1 Notice of Removal, Exhibit D-3 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 3
Additional Exhibits to #1 Notice of Removal, Exhibit D-2 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 2
Additional Exhibits to #1 Notice of Removal, Exhibit D-1 filed by R.J. Reynolds Tobacco Company. (Green, Philip)
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Filing 1
NOTICE OF REMOVAL by R.J. Reynolds Tobacco Company from Circuit Court of the Third Circuit in the State of Hawaii,, case number No. 3CCV-22-0000072. ( Filing fee $ 405 receipt number AHIDC-2964476), filed by R.J. Reynolds Tobacco Company. (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement, #3 Notice of Appearance, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit E, #8 Exhibit F)(Green, Philip) Modified on 2/23/2024 (eta).
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