Gantt et al v. Bilcich et al

Plaintiff:	Paul Gantt and Edna Gantt
Defendant:	Mr. Eric Bilcich and Mrs. Bilcich
Case Number:	1:2024cv00111
Filed:	March 8, 2024
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
Presiding Judge:	KENNETH J MANSFIELD
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 2, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 2, 2024	Filing 10 ORDER DENYING AMENDED APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYMENT OF FEES OR COSTS re #8 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/2/2024. Plaintiffs may have until May 17, 2024 to pay the required $405 filing fee. The Court cautions Plaintiffs that failure to pay this fee by May 17, 2024 will result in the automatic dismissal of this action without prejudice and without further notice. (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 3, 2024.
May 1, 2024	Filing 9 EO: In light of the 7 Entering Order issued on 04/02/2024, the Rule 16 Scheduling Conference previously set for 05/06/2024 IS CONTINUED TO 06/14/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due 06/07/2024.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)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)
April 9, 2024	Filing 8 Letter to Chief Judge Derrick K. Watson from Plaintiffs Paul and Edna Gantt. (Attachments: #1 copy of Complaint filed 3/8/2024, #2 copy of IFP filed 3/8/2024, #3 copy of Civil Cover Sheet filed 3/8/2024, #4 copy of Order Denying IFP filed 3/11/2024, #5 copy of Request filed 3/27/2024, #6 copy of Order Setting Rule 16 filed 3/8/2024, #7 Mailing Documentation) (eta) Modified on 5/2/2024 (eta).
April 2, 2024	Filing 7 EO: On March 8, 2024, Plaintiffs Paul and Edna Gantt (collectively, "Plaintiffs") filed an Application to Proceed in District Court Without Prepaying Fees or Costs ("IFP Application"). ECF No. #3 . On March 11, 2024, the district court denied without prejudice the IFP Application. ECF No. #5 . The district court further stated: "Should Plaintiffs wish to proceed in this action, they must either pay the civil filing fee or file a new complete IFP Application by March 25, 2024." ECF No. #5 at 2 (emphasis omitted). On March 27, 2024, Plaintiff Paul Gantt filed a document that states: (1) "I am Requesting to have more time to put all of my 8 civil cases together and mail them all at the same time.... As a Disabled Vietnam vet at 100% rated and also blind in my left eye it is hard for me to finish these paper work."; and (2) "I am also requesting the Court to allow me to have a Pro-Bono attorney to represent me with my cases By phone on in [sic] Kauai Hawaii Court." ECF No. #6 . With respect to the request in item (1), the Court liberally construes this as a request for additional time to either pay the civil filing fee or file a new complete IFP application. For good cause shown, the Court GRANTS the request. The new deadline to pay the civil filing fee or file a new complete IFP application is April 30, 2024.With respect to the request in item (2), the Court construes this as a request for pro bono counsel pursuant to 28 U.S.C. 1915(e)(1). "In proceedings in forma pauperis, the district court 'may request an attorney to represent any person unable to afford counsel.'" Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (quoting 28 U.S.C. 1915(e)(1)). Given that the district court has not yet granted Plaintiffs in forma pauperis status, Plaintiffs' request for appointment of counsel is premature. The Court thus DENIES the request for appointment of counsel without prejudice. Lastly, the Court notes that Plaintiffs have recently filed a total of eight lawsuits in this court. For the March 27, 2024 filing, it appears that Plaintiff Paul Gantt submitted a single copy of the document for filing without identifying a case name or case number. The Clerk's Office thus filed the document in all eight cases. Going forward, Plaintiffs must make a separate request for relief in each case that relief is sought. Plaintiffs' filings must indicate the specific case name and case number. Plaintiffs may not list more than one case name and case number on a filing. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 04/02/2024. (kjm3)COURT'S 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).
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 11, 2024	Filing 5 ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYMENT OF FEES OR COSTS re #3 - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/11/2024. Should Plaintiffs wish to proceed in this action, they must either pay the civil filing fee or file a new complete IFP Application by March 25, 2024. Should Plaintiffs choose to complete a new IFP Application, they must fully answer all questions, including by specifying the amount of their disability/workers compensation payments, noting any money they may have in cash or in a checking/savings account, listing their items of value, and providing any recurring monthly expenses, contributions towards dependents, and debts or financial obligations. The Court cautions Plaintiffs that failure to file a complete application to proceed in forma pauperis or to pay the civil filing fee by March 25, 2024 may result in dismissal without further consideration of the merits of this case and without further notice. The Clerk of Court is DIRECTED to mail Plaintiffs a blank Application to Proceed in District Court without Prepaying Fees or Costs (AO 240). (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 11, 2024. A blank Applicatio nto Proceed in District Court Without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Plaintiffs.
March 8, 2024	Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 5/6/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/8/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt were 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 was returned to Plaintiffs.
March 8, 2024	Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiffs Paul Gantt, Edna 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 All Defendants - filed by Paul Gantt, Edna Gantt. (Attachments: #1 Mailing Documentation)(eta) (Additional attachment(s) added on 3/11/2024: #2 (Proposed) Summons) (eta).

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Plaintiff: Paul Gantt
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Plaintiff: Edna Gantt
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Defendant: Mr. Eric Bilcich
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Defendant: Mrs. Bilcich
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