Hawaii Carpenters Health and Welfare et al v. Aloha Gypsum Floors, LLC
| Hawaii Carpenters Health and Welfare, Health & Welfare Fund, Apprenticeship & Training Fund, Vacation & Holiday Fund, Market Recovery Program, Financial Security Fund, Hawaii Carpenters New Retiree Medical Plan and 401-K Fund |
| Aloha Gypsum Floors, LLC, John Does 1-100, Jane Does 1-100, Doe Corporations 1-100, Doe Partnerships 1-100, Doe Entities 1-100 and Doe Governmental Units 1-100 |
| 1:2024cv00094 |
| February 27, 2024 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Funds |
| None |
Docket Report
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This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
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Filing 15
EO: On April 4, 2024, Plaintiff filed a #10 Motion for Service of Summons and Complaint by Certified Mail ("04/04/2024 Motion"). On April 12, 2024, the Court issued an 11 entering order denying the 04/04/2024 Motion ("04/12/2024 EO"). The 04/12/2024 EO states: "The current record does not establish the process servers 'due diligence.' Great diligence in the service attempts might effect service; if not, there would at least be a record that the necessary diligence was exhausted prior to service by certified mail." On April 17, 2024, Plaintiff again filed a #12 Motion for Service of Summons and Complaint by Certified Mail ("04/17/2024 Motion"). The 04/17/2024 Motion includes additional detail regarding Plaintiff's process server's attempts to serve Defendant on March 4, 5, 11, and 13, 2024. The 04/17/2024 Motion does not indicate any new attempts by Plaintiff to serve Defendant since the Court issued the 04/12/2024 EO. For the same reasons stated in the 04/12/2024, the Court DENIES the #12 04/17/2024 Motion. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 04/26/2024. (kjm2)
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| Filing 14 EO: In light of the #10 , #12 MOTIONS for Service of Summons and Complaint by Certified Mail, the Rule 16 Scheduling Conference previously set for 04/29/2024 IS CONTINUED TO 06/13/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 06/06/2024.Parties are to participate via telephone through the Courts Zoom Teleconference. Call-in information for this hearing 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: 1-833-568-8864Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 13 STATEMENT Rule 16 Scheduling Conference filed by 401-K Fund, Apprenticeship & Training Fund, Financial Security Fund, Hawaii Carpenters Health and Welfare, Hawaii Carpenters New Retiree Medical Plan, Health & Welfare Fund, Market Recovery Program, Vacation & Holiday Fund. (Attachments: #1 Certificate of Service Certificate of Service)(Miller, Jeffrey) |
| Filing 12 MOTION Service of Summons and Complaint by Certified Mail Jeffrey P. Miller appearing for Plaintiffs 401-K Fund, Apprenticeship & Training Fund, Financial Security Fund, Hawaii Carpenters Health and Welfare, Hawaii Carpenters New Retiree Medical Plan, Health & Welfare Fund, Market Recovery Program, Vacation & Holiday Fund (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration Declaration of Jeffrey P. Miller, #3 Declaration Declaration of Lowen Young)(Miller, Jeffrey) |
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Filing 11
EO: On April 4, 2024, Plaintiff filed a #10 Motion for Service of Summons and Complaint by Certified Mail ("Motion"). Plaintiff seeks leave to serve the summons and complaint by certified mail pursuant to Hawaii Revised Statutes ("HRS") 634-23 and 634-24. HRS 634-23 provides that "if, after due diligence, the defendant cannot be served process within the State, and the facts shall appear by affidavit to the satisfaction of the court, it may order that service be made as provided by section 634-24." HRS 634-23(b). HRS 634-24 sets forth the requirements for effecting service by certified mail.The Court has carefully reviewed the Motion and its attachments, including the declaration from Plaintiff's process server. The Court finds that Plaintiff has not met its burden to show that it exercised due diligence in its attempts to serve Defendant. Plaintiff's server, Lowen Young, states that he went to Defendant's address of record four times from March 4 to March 13, 2024, each time between approximately 10:00 a.m. and 1:00 p.m. See ECF No. [10-3] at 3. Based on Mr. Young's declaration, it appears that the address is also the residence of Defendant's registered agent, and the residence is gated. What is unclear, however, is the effort Mr. Young made to effect service once he arrived at the residence. For example, Mr. Young does not state how long he waited at the residence or whether the gate has the equivalent of a doorbell or some other mechanism to get the attention of the residents. The current record does not establish the process server's "due diligence." Greater diligence in the service attempts might effect service; if not, there would at least be a record that the necessary diligence was exhausted prior to service by certified mail. The Court thus DENIES the #10 Motion WITHOUT PREJUDICE. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 04/12/2024. (kjm2)
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| Filing 10 MOTION for Service of Summons and Complaint by Certified Mail Jeffrey P. Miller appearing for Plaintiffs 401-K Fund, Apprenticeship & Training Fund, Financial Security Fund, Hawaii Carpenters Health and Welfare, Hawaii Carpenters New Retiree Medical Plan, Health & Welfare Fund, Market Recovery Program, Vacation & Holiday Fund (Attachments: #1 Memorandum Memo in Support, #2 Declaration Declaration of Jeffrey P. Miller, #3 Declaration Declaration of Lowen Young)(Miller, Jeffrey) |
| Filing 9 Consent Election Form |
| Filing 8 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 7 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. PLEASE COMPLETE AND FILE THE ATTACHED ELECTION FORM (FILING INSTRUCTIONS ARE ATTACHED). While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (Attachments: #1 Election Form) ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (eta) |
| Filing 6 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 a Summons, #2 AO 399 Waiver of the Service of Summons)(eta) |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 4/29/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/27/2024. 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 4 Summons Issued as to Aloha Gypsum Floors, LLC. (eta) |
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00094 KJM on all further pleadings. (eta) |
| Filing 2 Summons (Proposed) (Miller, Jeffrey) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number AHIDC-2966537.), filed by Hawaii Carpenters New Retiree Medical Plan, Hawaii Carpenters Vacation & Holiday Trust Fund, Hawaii Carpenters 401K Fund, Hawaii Carpenters Apprenticeship & Training Trust Fund, Hawaii Carpenters Health and Welfare, Hawaii Carpenters Market Recovery Program, Hawaii Carpenters Financial Security Fund. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet)(Miller, Jeffrey) |
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