Thomas v. First Insurance et al
| Miles Thomas |
| First Insurance and Lisa Kinoshita |
| 1:2025cv00128 |
| March 18, 2025 |
| U.S. District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Insurance |
| 28 U.S.C. ยง 1331 Fed. Question: Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on March 21, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 CLERK'S JUDGMENT entered on 3/21/2025 pursuant to ECF No. #9 ORDER (1) GRANTING IFP APPLICATION, ECF NO. 2; AND (2) DISMISSING COMPLAINT, ECF NO. 1, WITHOUT LEAVE TO AMEND. COURT'S CERTIFICATE OF SERVICE - Miles Thomas shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 3/24/2025. 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). (jni) |
Filing 9
ORDER (1) GRANTING IFP APPLICATION, ECF NO. 2; AND (2) DISMISSING COMPLAINT, ECF NO. 1, WITHOUT LEAVE TO AMEND re #2 , #1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 3/21/2025. For these reasons, the court GRANTS Plaintiff's IFP Application, ECF No. 2, and DISMISSES the Complaint, ECF No. 1. Given the nature of the allegations in the Complaint, and the clear lack of any subject matter jurisdiction, granting leave to amend would be futile, and thus the Complaint is dismissed without leave to amend. See, e.g., Lathus v. City of Huntington Beach, 56 F.4th 1238, 1243 (9th Cir. 2023) ("Although leave to amend should be given freely... denying leave is not an abuse of discretion if 'it is clear that granting leave to amend would have been futile.'") (quoting Thinket Ink Info. Res., Inc. v. Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th Cir. 2004)). The dismissal, however, is without prejudice. See Barke v. Banks, 25 F.4th 714, 721 (9th Cir. 2022) ("[D]ismissals for lack of Article III jurisdiction must be entered without prejudice because a court that lacks jurisdiction is powerless to reach the merits.") (citation and internal quotation marks omitted). The clerk of court is directed to close this case. COURT'S CERTIFICATE OF SERVICE - Miles Thomas shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 3/24/2025. 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).(jni)
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| Filing 8 NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00128 JMS-KJM on all further pleadings. COURT'S CERTIFICATE OF SERVICE - Miles Thomas shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 3/20/2025. (jni) |
| Filing 7 EO: The Clerk's Office is DIRECTED to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(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 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). |
| Filing 6 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. (jni) |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 5/19/2025 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/19/2025. COURT'S CERTIFICATE OF SERVICE - Miles Thomas shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 3/19/2025. (jni)
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| COURT'S CERTIFICATE of Service - a copy of 6 Notice to Parties RE: Corporate Disclosure Statement, shall be served upon Miles Thomas by First Class Mail to the address of record on 3/19/2025. (jni) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office 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. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni) |
| Filing 3 (Proposed) Summons - by Miles Thomas. (jni) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Miles Thomas. (Attachments: #1 Proposed Order)(jni) |
| Filing 1 COMPLAINT for a Civil Case against First Insurance, Lisa Kinoshita - filed by Miles Thomas. (Attachments: #1 Civil Cover Sheet)(jni) |
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