Semper v. Hawaii Life Real Estate Services, LLC et al
| Jehan Semper |
| Hawaii Life Real Estate Services, LLC doing business as Hawaii Life Real Estate Brokers, John Reeder, Jeanna Rimmer, Roy Vandoorn, Savio Realty LTD, Allan B. Kroll, Jeanmarie R. Theine, Macarthur & Company INC doing business as Venture Sotheby's International Realty, Karen Schneider, Hannah Kea Trainer, Georgia Callaway, Hank Correa Realty, LLC and John T. Correa |
| 1:2024cv00211 |
| May 6, 2024 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| WES REBER PORTER |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| None |
Docket Report
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| Filing 31 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Jehan Semper (eta) |
| Filing 30 EO: The Court has reviewed pro se Plaintiff's #3 Application to Proceed in District Court Without Prepaying Fees or Costs (Application). First, there appears to be missing information from Plaintiff's Application. The Application states that Plaintiff has $700 in monthly expenses including rent and utilities, but only $300 in cash or savings and no income except for a one-time payment of $600 she received in 2024. Thus, it is not clear how Plaintiff pays $700 in monthly expenses when her total assets are $900 and she has no income. Second, in response to question No. 5, Plaintiff reports that she is the "steward" of certain land but this question asks, among other things, whether Plaintiff owns real estate. Thus, it is not clear whether Plaintiff is the owner of the land discussed in her answer. Based on the above, the Court DENIES Plaintiff's #3 Application without prejudice. By no later than 7/3/2024, Plaintiff shall either (1) file a new Application to Proceed in District Court Without Prepaying Fees or Costs addressing the issues discussed above or (2) pay the filing fee for this case. Failure to do so may result in automatic dismissal of this action. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 29 EO: In light of the pending #3 Application to Proceed In District Court Without Prepaying Fees or Costs, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 7/1/2024 to 9/24/2024 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 28 EO: On 5/17/2024, the Court issued its Minute Order denying Plaintiff's #25 Motion to Expedite Decision for Application to Proceed In District Court Without Prepaying Fees and Costs (5/17 Order). That same day, pro se Plaintiff filed an #27 Objection to Order, again requesting that the Court expedite its decision on Plaintiff's Application. Because Plaintiff is proceeding pro se, her filings must be liberally construed. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The Court liberally construes Plaintiff's filing as a motion for reconsideration of the 5/17 Order (Motion for Reconsideration). The Motion for Reconsideration is suitable for disposition without a hearing and without further briefing. See Local Rule 7.1(d); Local Rule 60.1. Plaintiff's Motion for Reconsideration is hereby denied for the reasons set forth below. "The decision by a Magistrate Judge on a motion to expedite is a non-dispositive matter." Gimaex Holding, Inc. v. Spartan Motors USA, Inc., No. 1:15-CV-00515-RGA, 2015 WL 9437530, at *1 (D. Del. Dec. 22, 2015) (citation omitted). Because the 5/17 Order was a non-dispositive order, Local Rule 60.1 governs the Motion for Reconsideration. Local Rule 60.1 states, in pertinent part: Motions for reconsideration of interlocutory orders may be brought only upon the following grounds: (a) Discovery of new material facts not previously available; (b) Intervening change in law; and/or (c) Manifest error of law or fact. Here, Plaintiff does not identify any new material facts not previously available, nor an intervening change in law, nor a manifest error of law or fact. Additionally, "[m]ere disagreement with a previous order is an insufficient basis for reconsideration." Fisher v. Kealoha, 49 F. Supp. 3d 727, 735 (D. Hawai'i 2014) (citation omitted). Because Plaintiff has not presented any ground that warrants reconsideration of the 5/17 Order, the Motion for Reconsideration is DENIED. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Jehan Semper will be served electronically. by First Class Mail on May 23, 2024 to the address of record listed on the Notice of Electronic Filing. Docket Text Modified on 5/22/2024 (jo) |
| Filing 27 PLAINTIFF'S OBJECTION to ORDER (26) re 26 - filed by Jehan Semper. (jni) |
| Filing 26 EO: The Court has reviewed pro se Plaintiff's #25 Motion to Expedite Decision for Application to Proceed In District Court Without Prepaying Fees and Costs and DENIES the Motion. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 25 PLAINTIFF'S MOTION TO EXPEDITE DECISION FOR APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS - by Plaintiff Jehan Semper. (jni) |
| Filing 24 PLAINTIFF'S FIRST AFFIDAVIT - by Jehan Semper. (Attachments: #1 Exhibit 1)(jni) |
| Filing 23 Pro Se Consent to receive Notice of Electronic Filings by Jehan Semper. (apg) |
| Filing 22 Proposed Summons (John T. Correa) - by Jehan Semper.(jni) |
| Filing 21 Proposed Summons (Hank Correa Realty, LLC) - by Jehan Semper. (jni) |
| Filing 20 Proposed Summons (Georgia Callaway) - by Jehan Semper.(jni) |
| Filing 19 Proposed Summons (Hannah Kea Trainer) - by Jehan Semper.(jni) |
| Filing 18 Proposed Summons (Karen Schneider) - by Jehan Semper.(jni) |
| Filing 17 Proposed Summons (Macarthur & Company INC doing business as Venture Sotheby's International Realty) - by Jehan Semper.(jni) |
| Filing 16 Proposed Summons (Jeanmarie R. Theine) - by Jehan Semper.(jni) |
| Filing 15 Proposed Summons (Allan B. Kroll) - by Jehan Semper. (jni) |
| Filing 14 Proposed Summons (Savio Realty LTD) - by Jehan Semper.(jni) |
| Filing 13 Proposed Summons (Roy Vandoorn) - by Jehan Semper. (jni) |
| Filing 12 Proposed Summons (Jeanna Rimmer) - by Jehan Semper.(jni) |
| Filing 11 Proposed Summons (John Reeder) - by Jehan Semper.(jni) |
| Filing 10 Proposed Summons (Hawaii Life Real Estate Services, LLC) - by Jehan Semper. (jni) |
| Filing 9 EO: The Court has reviewed pro se Plaintiff's #8 Motion for Permission to EFile with CM/ECF (Motion) and DENIES the Motion without prejudice. The Motion does not address the wordprocessing inquires set forth in HID Form 14, which can be found on the Court's website in the "Representing Yourself (Pro Se)" section. If Plaintiff files a new application, the application must be filed using HID Form 14. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Jehan Semper will be served by First Class Mail on May 9, 2024 to the address of record listed on the Notice of Electronic Filing. |
| Filing 8 PLAINTIFF'S MOTION FOR PERMISSION TO EFILE WITH CM/ECF by Jehan Semper. (apg) |
| Filing 7 NOTICE of Case Reassignment: Please reflect new Civil case number CV 24-00211 HG-WRP on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Jehan Semper was served by First Class Mail to the address of record on May 7, 2024. |
| Filing 6 Consent Election Form. (eta) |
| Filing 5 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) (eta)COURT'S CERTIFICATE OF SERVICE - Jehan Semper was served by email to jehan.semper@gmail.com on May 6, 2024. |
Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/1/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/6/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Jehan Semper was served by email to jehan.semper@gmail.com on May 6, 2024. A file-stamped copy of the Complaint and IFP application was included in the email to Plaintiff.
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| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Jehan Semper (eta) |
| Filing 2 CIVIL Cover Sheet - by Jehan Semper. (eta) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants - filed by Jehan Semper.(eta) |
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