Gantt et al v. Dimon

Plaintiff: Paul Gantt and Edna Gantt
Defendant: Mr. J. Dimon
Case Number: 1:2024cv00108
Filed: March 8, 2024
Court: US District Court for the District of Hawaii
Presiding Judge: ROM TRADER
Referring Judge: DERRICK K WATSON
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1345 Foreclosure
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2024 Filing 15 ORDER DIRECTING PLAINTIFFS TO COMPLY WITH COURT ORDER re #9 , #10 , #11 , #12 , #13 , #14 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/3/2024. Despite Plaintiffs' failure to follow the clear and straightforward instructions in the March 12, 2024 Order, the Court will provide them with a final opportunity to both (1) file a new application to proceed without prepayment of fees or costs or pay the $405 filing fee for this action, and (2) file an amended complaint. Should Plaintiffs fail to do both of those things by May 21, 2024, this action will be dismissed without further notice for failure to comply with the Court's orders. So it is clear, while a blank application to proceed without prepayment of fees or costs will again be mailed to Plaintiffs, the alleged failure to receive any such application will not serve as a continuing excuse for failing to comply with the Court's instructions. The Clerk of Court is DIRECTED to mail Plaintiffs (1) a blank Application to Proceed In District Court Without Prepaying Fees or Costs (AO 240), and (2) a blank Complaint for a Civil Case (Pro Se 1). (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt shall be served by First Class Mail to the address of record on May 6, 2024. A blank Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) and a blank Complaint for a Civil Case (Pro Se 1) form shall be included in the mailing to Plaintiffs.
May 1, 2024 Filing 14 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding income, dated April 25, 2024 (eta) Modified on 5/1/2024 to limit access to case participants and the court due to the disclosure of personal identifiers (eta).
May 1, 2024 Filing 13 Letter to Chief Judge Derrick K. Watson from Paul Gantt, dated April 25, 2024 regarding Chase Bank letter dated January 10, 2013 and other documents. (eta) Modified on 5/1/2024 to limit access to case participants and the court due to the disclosure of personal identifiers (eta).
May 1, 2024 Filing 12 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding WaMu, dated April 25, 2024. (eta)
May 1, 2024 Filing 11 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding Star Advertiser article, published on January 16, 2011, dated April 25, 2024. (eta)
May 1, 2024 Filing 10 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding "Motion to Set Aside Foreclosure Judgment", filed in Fifth Circuit Court, State of Hawaii case 5CC131000166, dated April 25, 2024. (eta)
May 1, 2024 Filing 9 Letter to Chief Judge Derrick K. Watson from Plaintiff Paul Gantt regarding blank (AO 240) Application to Waive Fees, dated April 25, 2024. (Plaintiff indicates that he has not received the blank IFP application included with the March 12th Order, ECF No. #5 .) (Attachments: #1 Mailing Documentation)(eta)
April 30, 2024 Filing 8 AMENDED EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 5/6/2024 to 6/4/2024 at 8:45 a.m. 5/28/2024 at 8:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 5/28/2024 5/21/2024.Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(rt2)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) Modified on 4/30/2024 (rt2).
April 12, 2024 Filing 7 EO: On 3/27/2024, pro se Plaintiff Paul Gantt filed a [ECF #6 ] Request for Additional Time ("Request"). Plaintiff requests additional time to "put all of [his] 8 civil cases together" but does not specify exactly what deadline he seeks to extend. Because Plaintiff is proceeding pro se, the Court liberally construes the Request as seeking an extension of the 3/26/2024 deadline to file a new application and amended complaint as set forth by the district court's 3/12/2024 [ECF #5 ] Order (1) Denying Without Prejudice Application to Proceed without Prepayment of Fees or Costs; and (2) Dismissing Complaint with Leave to Amend. The Request also seeks for the appointment of pro bono counsel; however, Plaintiff does not explain the circumstances of such a request nor does Plaintiff provide any support for his request. The Court GRANTS IN PART and DENIES IN PART the Request. To the extent Plaintiff requests additional time to file an amended complaint and new application to proceed without prepaying fees or costs, the Court GRANTS the request for an extension and extends the deadline from 3/26/2024 to 4/30/2024. The Court DENIES the request to appoint pro bono counsel. There are several factors a Court considers when determining whether to appoint pro bono counsel: (1) Plaintiff's financial resources; (2) efforts made by Plaintiff to secure his own counsel; (3) the merits of Plaintiff's claim; and (4) whether exceptional circumstances exists to appoint pro bono counsel. Johnson v. U.S. Treasury Dept., 27 F.3d 415, 416-17 (9th Cir. 1994) (citation omitted); Alston v. Foster, 651 Fed. Appx. 574, 575 (9th Cir. 2016). Plaintiff has not provided any information regarding these factors. Accordingly, the Court is unable to determine whether the appointment of pro bono counsel is appropriate and thus DENIES the request for pro bono counsel. The Court notes that Plaintiff had initially submitted the Request for filing without identifying a case name or number. The Clerk's Office therefore filed the Request in a total of eight different pending cases where Plaintiff is the litigant. In the future, Plaintiff shall make a separate request for relief in each case in which relief is sought, and each request must indicate the case name and case number. Plaintiff may not list more than one case name and number on a filing. (MAGISTRATE JUDGE ROM TRADER)(rt2)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)
March 27, 2024 Filing 6 REQUEST for Additional Time to Put Civil Cases Together; REQUEST for Pro Bono Counsel - by Plaintiff Paul Gantt (Attachments: #1 Mailing Documentation)(eta) Modified on 3/27/2024 to limit access to case participants and the court due to disclosure of personal identifiers (eta).
March 12, 2024 Filing 5 ORDER (1) DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; AND (2) DISMISSING COMPLAINT WITH LEAVE TO AMEND re #1 , #3 - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/12/2024. Plaintiffs may have until March 26, 2024 to file both a new application to proceed in district court without prepaying fees or costs and an amended complaint. The Court cautions Plaintiffs that the failure to do both by March 26, 2024 may result in the automatic dismissal of this action without prejudice. The Clerk of Court is DIRECTED to mail Plaintiffs (1) a blank Application to Proceed In District Court Without Prepaying Fees or Costs (AO 240), and (2) a blank Complaint for a Civil Case (Pro Se 1). (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt have been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 12, 2024. A blank Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) and a blank Complaint for a Civil Case (Pro Se 1) form shall be included in the mailing to Plaintiff.
March 8, 2024 Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/6/2024 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/8/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt have been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 8, 2024. A file-stamped copy of the Complaint and IFP application were returned to Plaintiffs by mail.
March 8, 2024 Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiffs Edna Gantt, Paul Gantt The application appears to be signed by just one of the named plaintiffs. (eta)
March 8, 2024 Filing 2 CIVIL Cover Sheet - by Paul Gantt, Edna Gantt. (eta)
March 8, 2024 Filing 1 COMPLAINT for a Civil Case; Jury Trial Requested against Mr. J. Dimon - filed by Paul Gantt, Edna Gantt. The complaint appears to be signed by just one of the named plaintiffs. (Attachments: #1 Mailing Documentation)(eta)

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Plaintiff: Paul Gantt
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Plaintiff: Edna Gantt
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Defendant: Mr. J. Dimon
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