McClain v. Ohana Military Communities, LLC
| Shelbie McClain, Samantha Norris, Rina Patel-Jerls, Michael Peoples, Alexander J. Perreira, Carina Peoples, Michael Rae Perreira and Belinda Miles |
| Doe Defendants 1-10, Ohana Military Communities, LLC and Hunt MH Property Management, LLC |
| Ohana Military Communities, LLC and Hunt MH Property Management, LLC |
| United States of America |
| 1:2024cv00230 |
| May 24, 2024 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Torts to Land |
| 28 U.S.C. ยง 1446 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on July 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 NOTICE of Appearance by Dana A. Barbata on behalf of United States of America on behalf of United States of America. (Barbata, Dana) |
| Filing 11 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn June 17, 2024, the Court set the Motion to Dismiss Third-Party Complaint in Simpson et al. v. Ohana Military Communities et al., CV 24-00225 LEK-KJM ("Simpson") for hearing on August 9, 2024, and issued a briefing schedule. See Simpson, Minute Order - EO: Court Order Setting Briefing Schedule, filed 6/17/24 (dkt. no. 11). Third-Party Defendant United States of America ("United States" or "the Government") filed substantively similar motions ("Motions to Dismiss") in Flores et al. v. Ohana Military Communities et al., CV 24-00226 LEK-KJM ("Flores"); Wilkinson et al. v. Ohana Military Communities et al., CV 24-00227 LEK-KJM ("Wilkinson"); Collins et al. v. Ohana Military Communities et al., CV 24-00229 LEK-KJM ("Collins"); McClain et al. v. Ohana Military Communities et al., CV 24-00230 LEK-KJM ("McClain"); and Adams et al. v. Ohana Military Communities et al., CV 24-00231 LEK-KJM ("Adams"). See Flores, dkt. no. 9; Wilkinson, dkt. no. 9; Collins, dkt. no. 9; McClain, dkt. no. 9; Adams, dkt. no. 9. The Court sets the following briefing schedule for each of the Motions to Dismiss: Opposition memorandum due: 11/15/2024Reply memorandum due: 11/22/2024 After the Court issues its ruling in Simpson, the Court may elect to set the Motions to Dismiss for hearing in Flores, Wilkinson, Collins, McClain, and Adams.IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI)(tl) |
| Filing 10 EO: In light of the #9 Motion to Dismiss Third-Party Complaint, the Rule 16 Scheduling Conference previously set for 07/01/2024 IS CONTINUED TO 09/12/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statement are due by 09/05/2024.Parties are directed to review Rule 10.3 of the Local Rules of Practice for the United States District Court for the District of Hawaii regarding requirements for Mandatory Chambers Copies. 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 9 MOTION to Dismiss Third-Party Complaint; Certificate of Service Sydney Spector appearing for ThirdParty Defendant United States of America (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss Third-Party Complaint)(Spector, Sydney) |
| Filing 8 NOTICE by United States of America United States of America's Notice of Filing of Records and Proceedings from State Court Action; Certificate of Service United States of America. (Attachments: #1 Exhibit "A")(Spector, Sydney) |
Filing 7
EO: On May 24, 2024, Third-Party Defendant United States of America (the "Government") removed this case from the Circuit Court of the First Circuit, State of Hawaii ("State Court"), to this court. ECF No. 1. On May 29, 2024, the Government filed an #6 Application by Third-Party Defendant United States of America for Writ of Certiorari Ordering the Circuit Court Records from the State Court ("Application"). Therein, the Government asks the Clerk of Court to issue a writ of certiorari directing the State Court clerk to certify and transmit the entire record of the proceedings in this case that were filed with the State Court. The Government also asks the Court to direct the State Court "to proceed no further in this cause." ECF No. 6 at 3. 28 U.S.C. 1447(b) provides that federal district courts "may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by a writ of certiorari issued to such State court." Although the Government does not expressly cite to 1447, it appears that the Government relies on the latter clause in 1447(b) for the basis of its Application. The Court exercises its discretion to DENY the #6 Application. The Court instead ORDERS the Government, as the removing party, to file with the Clerk of Court all records and proceedings in this action filed with the State Court, pursuant to 1447(b). IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 06/04/2024. (kjm2)
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| Filing 6 APPLICATION for Writ of Certiorari Ordering the Circuit Court Records from the Circuit Court of the First Circuit, State of Hawaii; Certificate of Service by United States of America. (Spector, Sydney) |
| Filing 5 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 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 7/1/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/28/2024. 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 3 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00230 LEK-KJM on all further pleadings. (eta) |
| Filing 2 CIVIL Cover Sheet by United States of America. (Spector, Sydney) |
| Filing 1 NOTICE OF REMOVAL by United States of America ; COS from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-23-0001437 JPC., filed by United States of America. (Attachments: #1 Exhibit "A")(Spector, Sydney) |
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