The Employer Appointed Trustees v. The Union Appointed Trustees
| The Employer Appointed Trustees |
| The Union Appointed Trustees |
| 1:2025cv00027 |
| January 14, 2025 |
| U.S. District Court for the District of Hawaii |
| MICAH WJ SMITH |
| ROM TRADER |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1002 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 INITIAL DISCLOSURE by The Union Appointed Trustees. (Plank, Michael) |
| Filing 16 Scheduling Conference Statement . (Sato, Gregory) |
| Filing 15 INITIAL DISCLOSURE by The Employer Appointed Trustees. (Sato, Gregory) |
| Filing 14 RESPONSE in Opposition UNION APPOINTED TRUSTEES' OPPOSITION TO EMPLOYER APPOINTED TRUSTEES' MOTION FOR SUMMARY JUDGMENT filed by The Union Appointed Trustees. (Attachments: #1 Concise Statement of Facts, #2 Declaration of Peter S. Dickinson, #3 Proof of Service)(Plank, Michael) |
| Filing 13 EO: The Court sets the following briefing schedule for Plaintiff the Employer Appointed Trustees' #10 Motion for Summary Judgment, filed on February 13, 2025: An opposition shall be due March 6, 2025. Any reply shall be due March 20, 2025. After receipt of the parties' briefs, the Court will decide whether to set a hearing. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) |
| Filing 12 CERTIFICATE of Counsel re #10 MOTION for Summary Judgment Concise Statement of Facts; Memorandum in Support of Motion, 11 Set Ripe Deadline,,,,, Link,,,, Employer Appointed Trustees' Local Rule 7.8 Certification of Pre-Filing Conference in Support of Motion for Summary Judgement. (Sato, Gregory) |
| Filing 11 EO: On February 13, 2025, Plaintiff the Employer Appointed Trustees filed a #10 Motion for Summary Judgment. It appears that the motion fails to comply with Local Rule 7.8, which requires "counsel contemplating the filing of any motion" to "first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential partial or complete resolution." Local Rule 7.8 further requires the movant's counsel to certify in the moving papers compliance with the rule and to indicate the date of the parties' conference.If no such conference occurred, the Court DIRECTS Plaintiff's counsel to meet with opposing counsel to, in good faith, discuss the motion and attempt resolution. Plaintiff's counsel shall file a statement certifying compliance with Local Rule 7.8 by February 21, 2025. After compliance with Local Rule 7.8 is demonstrated, if the motion is still necessary, the Court will issue a briefing schedule. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) |
| Filing 10 MOTION for Summary Judgment Concise Statement of Facts; Memorandum in Support of Motion Gregory M. Sato appearing for Petitioner The Employer Appointed Trustees (Sato, Gregory) |
| Filing 9 ANSWER to Complaint by The Union Appointed Trustees.(Plank, Michael) |
| Filing 8 Filing fee received: $ 353.00 (civil filing fee balance due), Receipt number 5030 re 5 . (jni) |
Filing 7
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/24/2025 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/22/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 6 NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00027 MWJS-RT on all further pleadings. (jni) |
| Filing 5 EO: The Court has reviewed Petitioners Employer Appointed Trustees' #1 Petition for Confirmation of Arbitrator's Decision and #4 Supplemental Statement of Jurisdiction. The Clerk's office is DIRECTED to close this miscellaneous case and to re-file the petition in a new civil case. All future filings shall reflect the new civil case number. In addition, Petitioners shall pay the remaining $353 balance of the civil filing fee ($405 civil filing fee minus the paid $52 miscellaneous filing fee) by February 5, 2025. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) |
| Filing 4 SUPPLEMENT re #3 Order,,, by The Employer Appointed Trustees Supplemental Statement of Jurisdiction in Support of Petition. (Sato, Gregory) |
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Filing 3
ORDER TO SUPPLEMENT JURISDICTIONAL ALLEGATIONS re #1 - Signed by JUDGE MICAH W.J. SMITH on 1/17/2025. Petitioners are ORDERED to supplement the petition to confirm the arbitration decision with a basis for federal jurisdiction that is independent of Section 9 of the Federal Arbitration Act. Petitioners must file a response to this Order by January 24, 2025. Failure to timely or satisfactorily respond to this Order will result in a finding that Petitioners have failed to carry their burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice. Petitioners are further informed that if their response successfully establishes a basis for subject matter jurisdiction, this miscellaneous action will be converted to a civil one, and Petitioners will be required to pay the remainder of the civil filing fee.(jni)
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| Filing 2 NOTICE of Case Assignment: Please reflect Miscellaneous case number MC 25-00008 MWJS-RT on all further pleadings. (jni) |
| Filing 1 Miscellaneous Case Filing Fee/USA Applications Employer Appointed Trustees' Petition for Confirmation of Arbitrator Susan Ichinose's Decision Resolving the Voting Deadlock Among Trustees of the Hawaii Teamsters Health and Welfare Trust Fund, a Taft-Hartley Act Trust Fund Filing fee $ 52, receipt number AHIDC-3102833., filed by Union Appointed Trustees, The, Employer Appointed Trustees, The. (Attachments: #1 Civil Cover Sheet)(Sato, Gregory) |
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| Petitioner: The Employer Appointed Trustees | |
| Represented By: | Gregory M. Sato |
| Represented By: | Kenneth M. Nakasone |
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| Respondent: The Union Appointed Trustees | |
| Represented By: | Michael Eldredge Plank |
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