Hilo Products, Inc. v. Target Corporation
| Hilo Products, Inc. |
| Target Corporation, John Does 1-20, Jane Does 1-20, Doe Partnerships 1-20, Doe Corporations 1-20, Doe Entities 1-20 and Doe Governmental Entities 1-20 |
| Michael Kemp |
| 0:2023cv00370 |
| February 14, 2023 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| David T Schultz |
| John R Tunheim |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| Plaintiff |
Docket Report
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| Filing 122 AMENDED COMPLAINT (THIRD) against Target Corporation. filed by Hilo Products, Inc.. No summons requested. (Yamaki, Mason) |
Filing 121
ORDER REGARDING THIRD AMENDED COMPLAINT on #119 Stipulation. See Order for details. Signed by Magistrate Judge Leo I. Brisbois on 4/6/2023.(JLB)
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| Filing 120 PROPOSED ORDER TO JUDGE re #119 Stipulation,. (Yamaki, Mason) |
| Filing 119 STIPULATION REGARDING THIRD AMENDED COMPLAINT by Hilo Products, Inc.. Jointly Signed by Target Corporation. (Attachments: #1 Exhibit(s) Proposed Third Amended Complaint, #2 Exhibit(s) Red-line Changes From Second Amended Complaint)(Yamaki, Mason) |
| Filing 118 NOTICE of Appearance by Mason Yamaki on behalf of Hilo Products, Inc.. (Yamaki, Mason) |
| Filing 117 NOTICE of Appearance by Michael Kemp on behalf of Hilo Products, Inc.. (Kemp, Michael) |
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Filing 116
ORDER OF RECUSAL. Magistrate Judge Tony N. Leung recused. Case reassigned to Magistrate Judge Leo I. Brisbois for all further proceedings. NOTE: the new case number is 23-cv-370 (JRT/LIB). Please use this case number for all subsequent pleadings Signed by Magistrate Judge Tony N. Leung on 3/1/2023.(MKB)
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Filing 115
(Text-Only) ORDER granting #114 Motion for Admission Pro Hac Vice of Attorney Mason Yamaki for Hilo Products, Inc. Approved by Magistrate Judge Tony N. Leung on 3/1/2023. (KMO)
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| Filing 114 MOTION for Admission Pro Hac Vice for Attorney Mason Masami Yamaki. Filing fee $ 100, receipt number AMNDC-10104413 filed by Michael Kemp. (Kemp, Michael) |
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Filing 113
ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Tony N. Leung for all further proceedings. NOTE: the new case number is 23-cv-370 (JRT/TNL). Please use this case number for all subsequent pleadings Signed by Magistrate Judge David T. Schultz on 2/16/2023.(MKB)
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| Filing 112 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Jordan Jun Kimura, Mason Masami Yamaki, Brett R. Tobin, Donna A.O. Yoshimoto, and Jason H. Fieman as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (kt) cc: Jordan Jun Kimura, Mason Masami Yamaki, Brett R. Tobin, Donna A.O. Yoshimoto, and Jason H. Fieman. (kt) |
| Filing 111 Case transferred in from District of Hawaii; Case Number 1:22-cv-00069. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge John R. Tunheim and referred to Magistrate Judge David T. Schultz per 3rd/4th Master List. |
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Filing 110
STIPULATION REGARDING SECOND AMENDED COMPLAINT AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/13/2023. THE COURT HAVING ORDERED THIS MATTER TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA [ECF 108], IT IS HEREBY STIPULATED and AGREED, by and between Plaintiff HILO PRODUCTS, INCORPORATED ("Plaintiff") and Defendant TARGET CORPORATION ("Defendant") through their undersigned counsel, that the deadline for Plaintiff to file a motion to amend Plaintiff's Second Amended Complaint, filed April 25, 2022 [ECF 36] in the above-captioned case is April 6, 2023. Regardless of whether Plaintiff files a motion to amend, Defendant's deadline to respond to Plaintiff's Second Amended Complaint, or the motion to amend, is April 27, 2023.(jni) [Transferred from Hawaii on 2/14/2023.]
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| Filing 109 EO: In light of the Order Granting Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A), See ECF No. #108 , the Court VACATES the Rule 16 Scheduling Conference set for 3/6/2023 at 8:30 a.m. before Magistrate Judge Wes Reber Porter. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/14/2023.] |
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Filing 108
ORDER GRANTING TARGET CORPORATION'S MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A) re #7 - Signed by JUDGE SUSAN OKI MOLLWAY on 1/30/2023. Because Hilo Products has demonstrated that Marlene Sanoria had apparent authority to sign the 2011 Partners Online Agreement, Hilo Products is bound by the terms of that agreement, including the venue provision in the Conditions of Contract that was incorporated into it. Accordingly, this action will be transferred to the United States District Court for the District of Minnesota.(jni) [Transferred from Hawaii on 2/14/2023.]
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| Filing 107 SUPPLEMENT re #106 Brief by Target Corporation DEFENDANT TARGET CORPORATIONS SUPPLEMENT TO ITS CLOSING BRIEF IN SUPPORT OF ITS MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A), FILED JANUARY 9, 2023 [ECF 106]. (Attachments: #1 Declaration of Jason H. Fieman, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 106 Brief DEFENDANT TARGET CORPORATIONS CLOSING BRIEF IN SUPPORT OF ITS MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A). (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Yoshimoto, Donna) [Transferred from Hawaii on 2/14/2023.] |
| Filing 105 MEMORANDUM re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) PLAINTIFF HILO PRODUCTS, INC.S POST-HEARING BRIEF filed by Hilo Products, Incorporated. (Attachments: #1 Declaration DECLARATION OF BRETT R. TOBIN, #2 Exhibit EXHIBIT A, #3 Exhibit EXHIBIT B, #4 Certificate of Service CERTIFICATE OF SERVICE)(Tobin, Brett) [Transferred from Hawaii on 2/14/2023.] |
| Filing 104 EO: In light of the pending Motion to Change Venue and Alternative Motion to Dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 1/23/2023 to 3/6/2023 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER)(lc1) [Transferred from Hawaii on 2/14/2023.] |
| Filing 103 TRANSCRIPT of Proceedings FURTHER EVIDENTIARY HEARING held on December 14, 2022, before Judge Susan Oki Mollway. Court Reporter/Transcriber - ANN MATSUMOTO, Telephone number - 8085412061,Email Address - am@hid.uscourts.gov. PP. - 107 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 1/9/2023. Redacted Transcript Deadline set for 1/19/2023. Release of Transcript Restriction set for 3/20/2023. (Matsumoto, Ann) [Transferred from Hawaii on 2/14/2023.] |
| Filing 102 TRANSCRIPT of Proceedings EVIDENTIARY HEARING held on December 13, 2022, before Judge Susan Oki Mollway. Court Reporter/Transcriber - ANN MATSUMOTO, Telephone number - 8085412061,Email Address - am@hid.uscourts.gov. PP. - 221 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 1/9/2023. Redacted Transcript Deadline set for 1/19/2023. Release of Transcript Restriction set for 3/20/2023. (Matsumoto, Ann) [Transferred from Hawaii on 2/14/2023.] |
| Filing 101 Additional Exhibits JOINT SUBMISSION OF DEPOSITION TRANSCRIPTS filed by Hilo Products, Incorporated. (Attachments: #1 Declaration DECLARATION OF BRETT R. TOBIN, #2 Exhibit EXHIBIT A, #3 Exhibit EXHIBIT B, #4 Exhibit EXHIBIT C, #5 Exhibit EXHIBIT D, #6 Exhibit EXHIBIT E, #7 Exhibit EXHIBIT F, #8 Exhibit EXHIBIT G, #9 Exhibit EXHIBIT H, #10 Exhibit EXHIBIT I)(Tobin, Brett) [Transferred from Hawaii on 2/14/2023.] |
| Filing 100 [EVIDENTIARY HEARING] Defendant Target Corporation's List of Witnesses on Motion to Transfer Venue - by Target Corporation.(jni) [Transferred from Hawaii on 2/14/2023.] |
| Filing 99 [EVIDENTIARY HEARING] Defendant Target Corporation's Exhibit List - by Target Corporation.(jni) [Transferred from Hawaii on 2/14/2023.] |
| Filing 98 [EVIDENTIARY HEARING] Plaintiff's Second Amended Exhibit and Witness List - by Hilo Products, Incorporated.(jni) [Transferred from Hawaii on 2/14/2023.] |
| Filing 97 EP: Further Evidentiary Hearing re: #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6) held.Plaintiff's Corporate Representative Craig Suzuki and Susan Matsuda present.Defendants' Corporate Representative Dan Moore present.Defendants' Witnesses5) Craig Suzuki(D, C)6) Susan Matsuda(D, C)7) Irene Suzuki(D, C)8) Royden Suzuki(D, C)Defendant's Exhibits Received:D86, D85. Discussion held.By 1/9/2023, counsel to submit written memos. Memos are limited to 4500 words. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 96 EP: Evidentiary Hearing re: #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6) held.By Friday 12/16/2022, counsel to submit a full set of depositions that were cited in their briefs. Mini scripts are acceptable. Corporate Representative Brandon Bartolome present.Defendants' Witnesses1) Rebecca Pruse(D, C, RD, RC)2) Randy Leite(D, C)3) Marlene Sanoria(D, C, RD)4) Brandon Bartolome(D, C)Defendants' Exhibits ReceivedD5a(Suzuki signature), D5b(Sanorai signature), D21, D22, D27, D7, D6, D8, D80, D75, D73, D107, D108, D23, D29, D38, D51, D52, D56, D77, D106, D83, D88, D89.Plaintiff's Exhibits ReceivedP13, P32, P36, P40, P57, P64, P55, P56, P58, P59.Discussion held.Further hearing on #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6)-SET for 12/14/2022 at 8 a.m. before the Honorable Susan Oki Mollway. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 95 EO: Based on the continued hearing date for Defendant's pending Motion to Change Venue, ECF No. #7 , the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 12/12/2022 to 1/23/2023 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 94 STIPULATION TO EXTEND REMAINING DEADLINES FOR EVIDENTIARY HEARING REGARDING TARGET CORP.'S MOTION TO TRANSFER VENUE BY TWENTY-SIX DAYS AND ORDER. SIGNED BY SENIOR DISTRICT JUDGE SUSAN OKI MOLLWAY. (cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 93 EO: #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6). Per counsels' request and agreement, Motion Hearing date set for 11/17/2022 has been continued to 12/13/2022 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 92 EO: Defendant Target Corporation has requested that Robin Perket be permitted to testify remotely. See ECF No. #91 . If Plaintiff Hilo Products opposes this request, it must file any objection no later than Thursday, October 27, 2022. If no objection is received by then, Defendant's request shall automatically be granted without further order of this court. If Plaintiff timely objects, this court will issue a further order on the matter. (JUDGE SUSAN OKI MOLLWAY)(cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 91 REQUEST to Permit Robin Perket to Testify Remotely by Target Corporation. (Janus, Leah) [Transferred from Hawaii on 2/14/2023.] |
| Filing 90 EO: With respect to the in-person evidentiary hearing on Defendant Target Corporation's Motion to Change Venue and Alternative Motion to Dismiss, ECF No. #7 , the court is also interested in receiving evidence with respect to the following issues:9. Why Target thought or inferred that Sanoria had authority to enter into the contracts; and10. Any evidence that Target thought or inferred that Hilo Products had ratified the arbitration provision. (JUDGE SUSAN OKI MOLLWAY)(cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 89 EO: The court has decided to conduct an in-person evidentiary hearing with respect to Defendant Target Corporation's Motion to Change Venue and Alternative Motion to Dismiss, ECF No. 7., beginning at 10 a.m. on November 17, 2022. If the parties have any dispute regarding any matter pertaining to this evidentiary hearing, they must meet and confer prior to filing anything with the court. The moving party shall present witnesses first, followed by the respondent, and any rebuttal. The bulk of the exhibits for the evidentiary hearing shall be exchanged by November 3, 2022, and submitted to the court no later than 4 p.m. on November 10, 2022. The court will allow a very small number of exhibits to be exchanged and submitted to the court after these dates. Rather than submitting declarations of witnesses before testimony is given pursuant to this court's nonjury procedures, the court will permit live direct, cross, redirect, and recross of witnesses. Especially with respect to important witnesses, it is the court's preference that those witnesses appear in person. However, if it would be a hardship for any witness to appear in person, a party may ask this court in writing by October 24, 2022, for permission to have particular witnesses appear via video. If any party objects to having a witness appearing by video sworn in by court staff in Honolulu, that party shall notify this court of that objection in writing no later than October 28, 2022. Failure to object by that date will be deemed a waiver of any future objection to having a witness sworn in over video. The court is particularly interested in the following issues going to whether there was a valid contract with a forum selection clause. Of course, the court is not limiting the parties to these issues at the hearing, but would be especially interested in receiving evidence with respect to the following: 1. The corporate structure of Hilo Products and whether it followed its own bylaws and corporate structure;2. The nature of the relationships of the officers of Hilo Products;3. Whether Marlene Sanoria thought she had the authority to enter into the contracts with Target. (In particular, if Sanoria would not normally have been authorized to sign a contract with Target, was there anything in this case that may have made her think she had such authority? In other words, even if Sanoria did not normally have the power to execute contracts on behalf of Hilo Products, what was she told or allowed to do to get Target as a customer?);4. Sanoria's duties as "accounts receivable" and whether she held herself out or was allowed to conduct duties beyond that job description. (While Sanoria indicated to Target that she was part of Hilo Products' "accounts receivable," did Sanoria do or say anything that may have indicated that she had authority to bind Hilo Products?); 5. What the officers of Hilo Products knew about Sanoria's discussions with Target and the contracts before and after the contracts were signed. (In other words, even though Hilo Products did not normally have contracts with its customers, did Hilo Products know about the contracts with Target?);6. What the physical layout of the Hilo Product office is and the extent to which Sanoria and the officers of Hilo Products spent time in that office or discussed matters outside the office. The court is particularly interested in the credibility of any claim that Hilo Product officers did not know about the contracts;7. During the years that Hilo Product was selling produce to Target, was there any dispute with respect to payment (other than disputes now before this court). If so, how were the disputes addressed and did any resolution follow the contracts?8. The extent to which people who have submitted affidavits or declarations to this court actually read those documents or had matters contradicted by deposition testimony.(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 88 EO: On October 4, 2022, Defendant Target Corporation filed a motion seeking "to extend the time within which it may file a Motion for Protective Order regarding Plaintiff Hilo Product, Inc.'s... challenge to certain documents that Target produced as confidential.'" ECF No. #86 , PageID # 1916. That motion is granted for the reasons set forth in the motion. Additionally, if the court decides an evidentiary hearing is necessary, the court will likely need to continue the present hearing date to accommodate the length of an evidentiary hearing, which will allow time to settle any confidentiality disputes. Accordingly, either party may file a motion for protective order regarding challenged confidential designations with respect to documents within seven calendar (7) days of being given notice that the court intends to conduct an evidentiary hearing. Any such motion shall comply with applicable court rules, including rules requiring that counsel attempt to reach a resolution before moving. In the event that a party files such a motion, the challenged documents shall remain confidential unless this court rules otherwise. (JUDGE SUSAN OKI MOLLWAY)(cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 87 SUPPLEMENT by Target Corporation DEFENDANT TARGET CORPORATIONS RESPONSE TO PLAINTIFF HILO PRODUCTS, INC.S SUPPLEMENTAL BRIEF REGARDING DEFENDANTS MOTION TO TRANSFER. (Attachments: #1 Declaration of Amanda M. Mills, #2 Exhibit 41, #3 Exhibit 42, #4 Exhibit 43, #5 Certificate of Compliance, #6 Certificate of Service)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 86 MOTION for Extension of Time to File DEFENDANT TARGET CORPORATIONS MOTION FOR AN EXTENSION OF TIME TO FILE A MOTION FOR A PROTECTIVE ORDER Jason H. Fieman appearing for Defendant Target Corporation (Attachments: #1 Certificate of Service)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 85 SUPPLEMENT re #79 Memorandum,,,,, filed by Hilo Products, Incorporated by Hilo Products, Incorporated (PLAINTIFF HILO PRODUCTS, INC.S SUPPLEMENTAL BRIEF REGARDING THE EVIDENTIARY HEARING ON DEFENDANT TARGET CORPORATIONS MOTION TO TRANSFER). (Attachments: #1 Declaration DECLARATION OF MASON M. YAMAKI, #2 Exhibit EXHIBIT 47 REPORT & RECOMMENDATION, #3 Exhibit EXHIBIT 48 DEPOSITION TRANSCRIPT, #4 Certificate of Service CERTIFICATE OF SERVICE)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 84 EO: Based on Defendant's pending #7 Motion to Change Venue, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 10/11/2022 to 12/12/2022 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 83 EO: For good cause shown, the Court GRANTS Defendant's #82 MOTION for Extension of Time to File Answer or Otherwise Respond to the Second Amended Complaint, filed April 25, 2022. The deadline for Defendant to respond to the Second Amended Complaint is extended until twenty-one days after the Court resolves the pending #7 Motion to Change Venue. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 82 MOTION for Extension of Time to File Answer or Otherwise Respond to the Second Amended Complaint, filed April 25, 2022 Jason H. Fieman appearing for Defendant Target Corporation (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 81 EO: Each side may file a supplemental brief that is no longer than 3000 words and limited to responding to matters raised by the opposing party in the filings of September 12, 2022. These optional supplemental briefs shall be filed by October 4, 2022. (JUDGE SUSAN OKI MOLLWAY)(cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 80 EO: The court sets a nonevidentiary hearing on Defendant Target Corporation's Motion to Change Venue and Alternative Motion to Dismiss, ECF No. #7 , for November 17, 2022, at 10 am by videoconference. The court reserves the right to conduct an evidentiary hearing on specific issues, if the court determines that one is necessary.(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 79 MEMORANDUM re #39 Order,, Terminate Motion Deadlines/Hearings (inc F&R), Plaintiff Hilo Products, Inc.'s Memorandum Regarding the Evidentiary Hearing on Defendant Target Corporation's Motion to Transfer filed by Hilo Products, Incorporated. (Attachments: #1 Declaration of Brandon Bartolome, #2 Declaration of Mason M. Yamaki, #3 Declaration of Marlene Sanoria, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Plaintiff's Exhibit & Witness List, #51 Certificate of Service)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 78 SUPPLEMENT re #32 Supplement, filed by Target Corporation by Target Corporation Target Corporation's Supplemental Brief Re: Evidentiary Hearing and in Support of Its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A). (Attachments: #1 Declaration of Amanda M. Mills, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Exhibit "4", #6 Exhibit "5", #7 Exhibit "6", #8 Exhibit "7", #9 Exhibit "8", #10 Exhibit "9", #11 Exhibit "10", #12 Exhibit "11", #13 Exhibit "12", #14 Exhibit "13", #15 Exhibit "14", #16 Exhibit "15", #17 Exhibit "16", #18 Exhibit "17", #19 Exhibit "18", #20 Exhibit "19", #21 Exhibit "20", #22 Exhibit "21", #23 Exhibit "22", #24 Exhibit "23", #25 Exhibit "24", #26 Exhibit "25", #27 Exhibit "26", #28 Exhibit "27", #29 Exhibit "28", #30 Exhibit "29", #31 Exhibit "30", #32 Exhibit "31", #33 Exhibit "32", #34 Exhibit "33", #35 Exhibit "34", #36 Exhibit "35", #37 Exhibit "36", #38 Exhibit "37", #39 Exhibit List, #40 Witness List, #41 Word Count Certificate, #42 Certificate of Service)(Yoshimoto, Donna) [Transferred from Hawaii on 2/14/2023.] |
| Filing 77 TRANSCRIPT of Proceedings held on 06/09/2022, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633, Email Address - maukele@hawaii.rr.com. PP. - 56 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 8/25/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/2/2022. (Cahill, Jesscia) [Transferred from Hawaii on 2/14/2023.] |
| Filing 76 CERTIFICATE OF SERVICE by Hilo Products, Incorporated Re: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION [Randy Leite] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 75 CERTIFICATE OF SERVICE by Hilo Products, Incorporated Re: FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION [Robin Perket] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 74 CERTIFICATE OF SERVICE by Hilo Products, Incorporated Re: FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION [Rebecca Pruse] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 73 CERTIFICATE OF SERVICE by Target Corporation Amended Notice of Taking Oral Depositions Dated July 19, 2022 (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 72
STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY FORTY-FIVE DAYS AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/18/2022. Target Corporation answer due 10/10/2022(jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 71 EO: For good cause shown, the Court CONTINUES the following deadlines related to Defendant's pending Motion to Transfer Venue: the deadline to conduct depositions is CONTINUED to August 19, 2022; the deadline to submit memoranda concerning the evidentiary hearing is CONTINUED to September 12, 2022. As to Defendant's request to continue the deadline for it to respond to the Second Amended Complaint, the Court DIRECTS the parties to meet and confer telephonically by no later than July 15, 2022. If the parties are unable to resolve this dispute--or future disputes that arise--the Court will resolve the dispute only if it has been brought to the Court's attention through a properly noticed motion or if the parties agree to follow the expedited procedures set forth in Local Rule 37.1(c), which requires the parties to file simultaneous letter briefs as the Court has previously reminded counsel. See ECF No. 67. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 70 Letter (via email) to Magistrate Judge Wes Reber Porter from Mason M. Yamaki, Esq., dated July 1, 2022, Re: Plaintiff Hilo Products, Inc. response to ECF No. #69 (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 69 Letter (via email) to Magistrate Judge Wes Reber Porter from Leah C. Janus, Esq., dated July 1, 2022, Re: Defendant Target Corporation's request for extension of deadlines, including a response to the Second Amended Complaint (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 68 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE: Amended Answer to Target Corporation's First Request for Answers to Interrogatory No. 7, dated May 13, 2022 (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 67 EO: On June 26, 2022, the Court received a letter from counsel for Defendant requesting a 4-week continuance of certain deadlines set by the District Court to (i) complete depositions related to and (ii) submit memoranda concerning the evidentiary hearing on Defendant's pending Motion to Transfer Venue. See ECF Nos. 39, 53. Defendant's letter also requests that (iii) the deadline to respond to Plaintiff's Second Amended Complaint, previously set by the parties' stipulation, be continued by four weeks. See ECF No. 34. Also on June 26, 2022, the Court received a response letter from counsel for Plaintiff indicating Plaintiff agreed to a four-week stay of proceedings, requesting that the Court set a status conference during the week of July 18, 2022 to reset deadlines rather than resetting firm deadlines at this time. To ensure the parties continue to make progress in completing the limited discovery authorized by the District Court, the Court finds good cause to RESET the following deadlines at this time: (i) The deadline to conduct depositions is CONTINUED to August 2, 2022; (ii) The deadline to submit memoranda concerning the evidentiary hearing is CONTINUED to August 19, 2022; and (iii) The deadline for Defendant to respond to the Second Amended Complaint is CONTINUED to August 26, 2022. Notwithstanding these continuances, all depositions and any other discovery should be accomplished as quickly as possible given the circumstances raised in defense counsel's letter. On June 24, 2022, Plaintiff also submitted a #64 Letter Brief raising certain issues with the scheduling of Mr. Royden Suzuki's deposition. Based on the continuance of the deadline to conduct depositions, and because Defendant did not file a corresponding Letter Brief on this issue, the Court DIRECTS the parties to meet and confer and inform the Court by no later than July 15, 2022 as to whether this issue remains in dispute through the submission of simultaneous Letter Briefs in accordance with Local Rule 37.1(c). (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 64 Letter Brief . (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 63 CERTIFICATE OF SERVICE by Target Corporation re Notice of Taking Oral Depositions (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 62 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE Plaintiff Hilo Products, Inc.'s Notice of Taking Deposition Upon Oral Examination [Robin Perket] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 61 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE Plaintiff Hilo Products, Inc.'s Notice of Taking Deposition Upon Oral Examination [Rebecca Pruse] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 60 CERTIFICATE OF SERVICE by Target Corporation Re Target Corporation's Responses to Plaintiff's Request for Limited Discovery dated May 13, 2022 (dated June 20, 2022) (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 59 NOTICE of Appearance by Brett R. Tobin on behalf of Hilo Products, Incorporated on behalf of Hilo Products, Incorporated. (Tobin, Brett) [Transferred from Hawaii on 2/14/2023.] |
| Filing 58 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE: (1) Plaintiff Hilo Products, Inc.'s Response to Defendant Target Corporations First Request for Admissions, Dated May 13, 2022 [Dated June 20, 2022]; and (2) Plaintiff Hilo Products, Inc.'s Answers to Target Corporations First Request for Answers to Interrogatories, Dated May 13, 2022 [dated June 20, 2022] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 57 STIPULATION FOR DISCOVERY OF HARD COPY AND ELECTRONICALLY STORED INFORMATION - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/16/2022. (jni) [Transferred from Hawaii on 2/14/2023.] |
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Filing 56
STIPULATED PROTECTIVE ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/14/2022. (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 55 EP:DISCOVERY CONFERENCEMr. Jordan Kimura and Mr. Mason Yamaki appeared for plaintiff.Ms. Amanda Mills, Ms. Leah Janus, and Mr. Jason Fieman appeared for defendant.The Court held a Discovery Conference by video teleconference.Discussion held regarding parties' disputes related to limited discovery authorized by District Court in connection with Defendant Target Corporation's pending Motion to Transfer Venue.Court directed Plaintiff to submit a letter to Defendant, with a copy to the Court at Porter_Orders@hid.uscourts.gov, by close of business on 6/17/2022 identifying what Plaintiff intends to produce on 6/20/2022 in response to Defendant's Interrogatories and Requests for Production of Documents. If disputes remain after the 6/20/2022 production, the Court orders the parties to further meet and confer telephonically regarding unresolved issues. If the parties are unable to reach an agreement, then the parties must file Letter Briefs that comply with Local Rule 37.1(c) by no later than close of business on 6/24/2022. (VTC / 12:58 - 2:11 p.m.) (MAGISTRATE JUDGE WES REBER PORTER)(laa) [Transferred from Hawaii on 2/14/2023.] |
| Filing 54 EO: The Courts SETS a Discovery Conference to occur by Video Teleconference (VTC) on June 9, 2022 at 1:00 PM before MAGISTRATE JUDGE WES REBER PORTER to address the remaining issues raised by the parties' briefs filed on June 3, 2022. See ECF Nos. 50, 52, 53. The Court will provide information regarding VTC access to the participants prior to the hearing. The public may attend the Conference (audio only) with the information provided below:Call-in: 1-650-479-3207.Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 53 EO: The court has reviewed the parties' briefs concerning outstanding discovery issues. Hilo Products may depose the witnesses Target intends to call at the evidentiary hearing. Hilo Products may take those depositions by July 5, 2022. By no later than July 22, 2022, the parties are directed to file memoranda concerning the upcoming evidentiary hearing that includes a list of witnesses each side intends to call and a list of exhibits expected to be submitted. Hilo Products has requested that some of its witnesses be permitted to testify at the evidentiary hearing by Zoom. In the July 22, 2022 memoranda, the parties may request that witnesses be permitted to testify by Zoom, and the court will address those requests at that time. However, the parties should not restrict discovery with the thought that live testimony will be allowed. The remaining issues raised by the parties' briefs are referred to Magistrate Judge Porter. (JUDGE SUSAN OKI MOLLWAY)(cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 52 Brief Target Corporation's Brief Regarding Discovery Disputes. (Attachments: #1 Declaration of Amanda M. Mills, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Exhibit "4", #6 Exhibit "5", #7 Exhibit "6", #8 Certificate of Service)(Yoshimoto, Donna)(Signed by Jason H. Fieman) Modified on 6/6/2022 (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 51 NOTICE by Hilo Products, Incorporated OF DISAFFILIATION AND WITHDRAWAL OF VICTORIA M. CHANG AS COUNSEL FOR PLAINTIFF HILO PRODUCTS, INC Hilo Products, Incorporated. (Attachments: #1 Certificate of Service)(Kimura, Jordon) [Transferred from Hawaii on 2/14/2023.] |
| Filing 50 Brief PLAINTIFF HILO PRODUCTS, INC.S POSITION BRIEF REGARDING THE ORDER ON TARGET CORPORATIONS MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A) FILED MAY 6, 2022. (Attachments: #1 Declaration OF MASON M. YAMAKI, #2 Affidavit OF BRANDON BARTOLOME, #3 Affidavit OF DEREK KURISU, #4 Declaration OF CHARLES MURPHY, #5 Affidavit OF RUSSELL E. RUDERMAN, #6 Affidavit OF ROYDEN SUZUKI, #7 Affidavit OF CRAIG SUZUKI, #8 Affidavit OF SUSAN MATSUDA, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Certificate of Service)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 49 CERTIFICATE OF SERVICE by Target Corporation Re Target Corporation's Supplemental Responses to Plaintiff's Request for Limited Discovery Dated May 13, 2022 (dated May 27, 2022) (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 48 CERTIFICATE OF SERVICE by Hilo Products, Incorporated CERTIFICATE OF SERVICE RE: OBJECTING ATTORNEYS SIGNATURE REGARDING PLAINTIFF HILO PRODUCTS, INC.S OBJECTIONS TO TARGET CORPORATIONS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES, DATED MAY 13, 2022 [Dated May 23, 2022] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 47 EO: At the parties' request, and because the District Court has established a schedule for limited discovery related to Defendant's #7 Motion to Change Venue, and stayed all other discovery until that Motion is resolved, see ECF No. 39, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 6/6/2022 to 10/11/2022 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 46 CERTIFICATE OF SERVICE by Target Corporation Re Target Corporation's Objections to Plaintiff's Request for Limited Discovery Dated May 13, 2022 (dated May 20, 2022) (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 45 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE: Plaintiff Hilo Products, Inc.'s Objections to Target Corporation's First Request for Answers to Interrogatories, Dated May 13, 2022 [Dated May 20, 2022] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 44 CERTIFICATE OF SERVICE by Hilo Products, Incorporated RE: Plaintiff Hilo Products, Inc.'s Objections and Responses to Target Corporation's First Request for Production of Documents, Dated May 13, 2022 [Dated May 20, 2022] (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 43 TRANSCRIPT of Proceedings MOTION To Transfer Venue and Dismiss, via Video Teleconference, held on April 18, 2022, before Judge Susan Oki Mollway. Court Reporter/Transcriber - ANN MATSUMOTO, Telephone number - 8085412061, Email Address - am@hid.uscourts.gov. PP. - 23 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 6/6/2022. Redacted Transcript Deadline set for 6/15/2022. Release of Transcript Restriction set for 8/15/2022. (Matsumoto, Ann) [Transferred from Hawaii on 2/14/2023.] |
| Filing 42 CERTIFICATE OF SERVICE by Target Corporation Regarding Discovery Requests to Plaintiff dated May 13, 2022 (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 41 CERTIFICATE OF SERVICE by Hilo Products, Incorporated Re: Request for Limited Discovery, dated May 13, 2022 (Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 40
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT OR, IN THE ALTERNATIVE, MOTION FOR ORDER TO SHOW CAUSE re: #37 , #7 . Signed by SENIOR DISTRICT JUDGE SUSAN OKI MOLLWAY. (cib) [Transferred from Hawaii on 2/14/2023.]
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Filing 39
ORDER ON TARGET CORPORATION'S MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A) re: #7 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/6/2022. This court will hold an evidentiary hearing on Target's motion to transfer after the completion of the discovery procedures set forth in this order. In the meantime, this court cancels the hearing set for May 10, 2022. (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 38 EO: #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6). Due to a conflict, the further VTC hearing TIME set for 5/10/2022 at 10 a.m. has been changed to 11:00 a.m. for on the same day of 5/10/2022 before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tl) [Transferred from Hawaii on 2/14/2023.] |
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Filing 37
FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT OR, IN THE ALTERNATIVE, MOTION FOR ORDER TO SHOW CAUSE re: #12 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/25/2022. The Court FINDS and RECOMMENDS that Plaintiff's Motion to Remand Case to State Court or, in the Alternative, Motion for Order to Show Cause be DENIED. (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 36 Second AMENDED COMPLAINT against Target Corporation, filed by Hilo Products, Incorporated. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Yamaki, Mason) Modified on 4/25/2022 (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 35 NOTICE by Target Corporation re #32 Supplement, Certificate of Compliance Target Corporation. (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 34
STIPULATION FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT AND TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/22/2022. (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 33 SUPPLEMENT re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Target Corporation by Hilo Products, Incorporated . (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Kimura, Jordon) [Transferred from Hawaii on 2/14/2023.] |
| Filing 32 SUPPLEMENT re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Target Corporation by Target Corporation Target Corporation's Supplemental Brief in Support of its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A). (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 31 REPLY re #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause filed by Hilo Products, Incorporated. (Attachments: #1 Declaration of Mason M. Yamaki, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 30 Corporate Disclosure Statement by Hilo Products, Incorporated. (Kimura, Jordon) [Transferred from Hawaii on 2/14/2023.] |
| Filing 29 STRICKEN - SEE ADVISORY ENTRY EO: The court has received the parties' proposals for deciding the pending motions. The parties' submissions indicate that the 2021 Assignment that was the subject of considerable discussion at the last hearing was actually created in March 2022. The court directs the parties to file supplemental submissions of no more than 1,000 words for each side addressing (1) whether the creation of the written assignment after the deadline for amending pleadings and in apparent response to Defendants' pending motions should affect the resolution of those motions; (2) whether DW is arguing that any assignment that was not memorialized in writing is enforceable by this court and, if so, under what law; and (3) how the statement in ECF No. 93 that "the Action always belonged to DW and would continue to be prosecuted by DW" can be reconciled with the Bankruptcy Court's order identifying this Action as retained by the debtor, which was not DW. The parties' submissions should be filed no later than noon on April 26, 2022. (JUDGE SUSAN OKI MOLLWAY)(cib) Modified on 4/19/2022 (cib). [Transferred from Hawaii on 2/14/2023.] |
| ADVISORY ENTRY-Wrong Case-Please be advised that Document 29 , was inadvertently entered in the instant case. The document will be stricken from the instant case. (cib) [Transferred from Hawaii on 2/14/2023.] |
| Filing 28 EP: Hearing re: #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6) held by Video Conference("VTC").Brandon Bartolome and Marlene Sanoria present by VTC.Discussion held.Supplemental submissions setting forth the position on the issue of resolving any potential evidentiary disputes are due from counsel by noon, on Friday, April 22, 2022. There is a maximum of 2500 words. #7 Defendant Target Corporation's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and, in the Alternative, Dismiss Pursuant to FED.R. CIV. P. 12(B)(6)-Further VTC hearing set for 5/10/2022 at 10 a.m. before the Honorable Susan Oki Mollway. (Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(tl) [Transferred from Hawaii on 2/14/2023.] |
| Filing 27 STATEMENT NOTICE OF SUPPLEMENTAL AUTHORITIES re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Re Notice of Supplemental Authorities filed by Hilo Products, Incorporated. (Kimura, Jordon) Modified on 4/15/2022 (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 26 EO: The Court elects to decide Plaintiff's #25 Motion for Leave to File Second Amended Complaint without a hearing pursuant to Local Rule 7.1(c). Briefing shall be in accord with Local Rule 7.2. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 25 MOTION for Leave to File Second Amended Complaint Mason Masami Yamaki appearing for Plaintiff Hilo Products, Incorporated (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Mason M. Yamaki, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Certificate of Service)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 24 RESPONSE in Opposition re #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause filed by Target Corporation. (Attachments: #1 Declaration of Mary Stanley, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Amanda M. Mills, #5 Exhibit A, #6 Certificate of Service)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 23 REPLY re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Target Corporation's Reply in Support of Its Motion to Transfer Venue, etc. filed by Target Corporation. (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 22
FIRST STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY TWENTY-SEVEN DAYS AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/4/2022.Target Corporation answer due 5/2/2022 (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 21 MEMORANDUM in Opposition re #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Hilo Products, Incorporated. (Attachments: #1 Declaration of Mason M. Yamaki, #2 Declaration of Brandon Bartolome, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Certificate of Service)(Kimura, Jordon) [Transferred from Hawaii on 2/14/2023.] |
| Filing 20 EO: As to Plaintiff's #12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause, the Court DIRECTS briefing as follows: any Opposition shall be filed by no later than April 6, 2022; any Reply shall be filed by no later than April 20, 2022. Thereafter the Court will determine whether to set a hearing or issue an appropriate decision. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
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Filing 19
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LEAH C. JANUS re #17 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/23/2022. (eta) [Transferred from Hawaii on 2/14/2023.]
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Filing 18
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO AMANDA M. MILLS re #16 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/23/2022. (eta) [Transferred from Hawaii on 2/14/2023.]
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| Filing 17 MOTION for Pro Hac Vice Leah C. Janus Filing fee $ 300, receipt number AHIDC-2657756.Donna A.O. Yoshimoto appearing for Defendant Target Corporation (Yoshimoto, Donna) [Transferred from Hawaii on 2/14/2023.] |
| Filing 16 MOTION for Pro Hac Vice Amanda M. Mills Filing fee $ 300, receipt number AHIDC-2657746.Donna A.O. Yoshimoto appearing for Defendant Target Corporation (Yoshimoto, Donna) [Transferred from Hawaii on 2/14/2023.] |
| Filing 15 First AMENDED COMPLAINT against Target Corporation, filed by Hilo Products, Incorporated. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Kimura, Jordon) Modified on 3/30/2022 (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 14 NOTICE of Appearance by Victoria Mei-Ling Chang on behalf of Hilo Products, Incorporated on behalf of Hilo Products, Incorporated. (Chang, Victoria) [Transferred from Hawaii on 2/14/2023.] |
| Filing 13 EO: In light of Defendant Target Corporation's #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6), the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 3/28/2022 to 6/6/2022 at 8:30AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/14/2023.] |
| Filing 12 MOTION to Remand to State Court or, in the Alternative, Motion for Order to Show Cause Mason Masami Yamaki appearing for Plaintiff Hilo Products, Incorporated (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Marlene Sanoria, #3 Declaration of Mason M. Yamaki, #4 Declaration of Brandon Bartolome, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Certificate of Service)(Yamaki, Mason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 11
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/9/2022. MAGISTRATE JUDGE KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. Please reflect Civil Case Number CV 22-00069 SOM-WRP on all further pleadings. (jo) [Transferred from Hawaii on 2/14/2023.]
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| Filing 10 NOTICE of Appearance by Jordon Jun Kimura on behalf of Hilo Products, Incorporated on behalf of Hilo Products, Incorporated. (Kimura, Jordon) [Transferred from Hawaii on 2/14/2023.] |
| Filing 9 NOTICE of Hearing on Motion #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6). Motion Hearing date has been set for 4/18/2022 at 10:00 AM before JUDGE SUSAN OKI MOLLWAY. (tl) [Transferred from Hawaii on 2/14/2023.] |
| ADVISORY ENTRY-No Identification of Person Filing Document- Please be advised that Document #8 Additional Exhibits does not include information that identifies the filer. As a reminder, any submission of pleadings shall be submitted with an appropriate caption cover page that includes counsel identification, the case number and document caption. See L.R. 10.2 (b). No further action necessary. (jo) [Transferred from Hawaii on 2/14/2023.] |
| Filing 8 Additional Exhibits to #7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Exhibits C, D and E filed by Target Corporation. (Attachments: #1 Exhibit D, #2 Exhibit E)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 7 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(A) and, In the Alternative, Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) Jason H. Fieman appearing for Defendant Target Corporation (Attachments: #1 Memorandum, #2 Declaration of Robin Perket, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 6 Corporate Disclosure Statement by Target Corporation. (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/28/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/22/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (eta) [Transferred from Hawaii on 2/14/2023.]
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00069 SOM-KJM on all further pleadings. (eta) [Transferred from Hawaii on 2/14/2023.] |
| Filing 3 CIVIL Cover Sheet by Target Corporation. (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 2 Additional Exhibits to #1 Notice of Removal Exhibits "A" and "B" filed by Target Corporation. (Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Third Circuit Court State of Hawaii, case number 3CCV-21-0000379. ( Filing fee $ 402 receipt number AHIDC-2645944), filed by Target Corporation.(Fieman, Jason) [Transferred from Hawaii on 2/14/2023.] |
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