| Save 25% on a pre-paid one year subscription. |
|
|
 79 |
Filed: 8/26/2003, Entered: 8/27/2003 |
Order |
|
ORDER by Judge David A. Ezra adopting report of special master [78-1] (cc: all counsel) (fe)
|
|
|
 |
|
|
| 78 |
Filed: 8/14/2003, Entered: 8/18/2003 |
Findings and Recommendations |
|
FINDINGS AND RECOMMENDATION Report of Special Master concerning motion for attorney fees and non-taxable expenses [68-1] by Mag Leslie E. Kobayashi (cc: all counsel) - finds and recommends that motion be granted, and that plaintiff be awarded attorneys fees totaling $178,107.00 and non-taxabel costs in the amount of $16,674.69, for a total award of $194,781.69 (fe)
|
|
|
|
|
|
| 77 |
Filed: 4/23/2003, Entered: 4/23/2003 |
Order |
|
ORDER by Mag Judge Leslie E. Kobayashi granting Carlsmith Ball LLP's motion to withdraw as counsel filed on March 20, 2003 [67-1] - on behalf of defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 76 |
Filed: 4/7/2003, Entered: 4/7/2003 |
Miscellaneous Document |
|
STATEMENT of consultation pursuant to Local Rule 54.3(B) by plaintiff International Longsh re: motion for attorney fees and non-taxable [68-1]; certificate of service (fe)
|
|
|
|
|
|
| 75 |
Filed: 4/4/2003, Entered: 4/4/2003 |
Minutes-Miscellaneous |
|
EP : Carlsmith Ball, LLP's Motion to Withdraw as Counsel - Stacey M. Leyton and Laura P. Juran participated by phone. Motion Granted. Danielle Degele-Matthews to prepare Order. - granting motion Carlsmith Ball LLP's motion to withdraw as attorney [67-1] attorney Jonathan A. Swanson Otaka, Inc., attorney Anna M. Elento-Sneed for Otaka, Inc. ( Ct Rptr : Tape 1369, C6) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 74 |
Filed: 3/27/2003, Entered: 3/28/2003 |
Original Signature submitted |
|
SUBMISSION by plaintiff of original signature(s) of Fred H. Altshuler and Stacey M. Leyton in support of plaintiff's motion for attorney fees and non-taxable expenses [68-1]; appendix a-b; certificate of service (fe)
|
|
|
|
|
|
| 73 |
Filed: 3/25/2003, Entered: 3/27/2003 |
Miscellaneous Document |
|
STATEMENT of no position by plaintiff on Carlsmith Ball LLP's motion to withdraw as attorney for defendant Otaka, Inc. [67-1]; certificate of service (fe)
|
|
|
|
|
|
| 72 |
Filed: 3/24/2003, Entered: 3/25/2003 |
Miscellaneous Document |
|
Counsel's certificate of compliance re plaintiff's memorandum of points and authorities in support of motion for attorney fees and non-taxable [68-1]; certificate of service (fe)
|
|
|
|
|
|
| 71 |
Filed: 3/24/2003, Entered: 3/25/2003 |
Minutes-Miscellaneous |
|
EO :Plaintiff's Motion for Attorneys' Fees and Non-Taxable Expenses filed on 3/21/03 was Referred to Magistrate Judge Leslie E. Kobayashi for consideration by Judge David Alan Ezra on 3/24/03. Pursuant to LR 54.3 Plaintiff's Motion for Attorneys' Fees and Non-Taxable Expenses will be considered by Magistrate Judge Leslie E. Kobayashi as a Non Hearing Motion. Please be informed that LR 54.3 will be amended shortly to reflect a change in the due date for the Statement of Consultation. Court hereby Orders that Plaintiff's Statement of Consultation is due on 4/7/03 (failure to file the statement of consultation will result in dismissal of the motion). Pursuant to LR 54.3(d)(3)(f) and FRCvP Rule 6(e): Memorandum in Opposition is due 4/21/03. Reply Memorandum is due 5/5/03. Plaintiff's Motion for Attorneys' Fees and Non-Taxable Expenses will be taken under advisement by Magistrate Judge Leslie E. Kobayashi thereafter. - taking under advisement on the motion for attorney fees and non-taxable expenses [68-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 70 |
Filed: 3/24/2003, Entered: 3/25/2003 |
Order |
|
ORDER by Judge David A. Ezra referring to Mag Judge Leslie E. Kobayashi the motion for attorney fees and non-taxable expenses [68-1] (fe)
|
|
|
|
|
|
| 69 |
Filed: 3/21/2003, Entered: 3/21/2003 |
Minutes-Miscellaneous |
|
EO : The Court, having reviewed Carlsmith Ball LLP's Motion to Withdraw as Counsel for Defendant Otaka, Inc., hereby informs counsel of its concern that Defendant not be allowed to proceed pro se. Although 28 U.S.C. 1654 (1976) provides that "[i]n all courts of the United States, the parties may plead and conduct their own cases personally or by counsel," it is well-established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se. See Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993). The rule that a corporation may appear in federal court only through licensed counsel is venerable and widespread. See, e.g., Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738 (1824) ("A corporation . . . can appear only by an attorney."); In re Highley, 459 F.2d 554, 555 (9th Cir. 1972) ("A corporation can appear in a court proceeding only through an attorney at law.") (citations omitted); United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969); Shapiro, Bernstein & Co. v. Continental Record Co., 386 F.2d 426, 427 (2d Cir. 1967). As a general matter, this rule is necessary to ensure a fair and efficient judicial process. It also ensures that the interests of those fictional legal persons incapable of self-representation, as well as the interests of absent shareholders, officers and directors -- who may be adversely affected through inept or vexatious handling -- are adequately represented. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983); Capital Group, Inc. v. Gaston & Snow, 768 F. Supp. 264, 265 (E.D. Wis. 1991) ("This rule ensures that the various interests in the corporate party are effectively represented."). Accordingly, counsel should appear at the April 4, 2003 hearing prepared to address the Court's concern raised herein. - re [67-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 68 |
Filed: 3/21/2003, Entered: 3/21/2003, Terminated: 8/14/2003 |
Motion for Attorney Fees |
|
NOTICE OF MOTION and motion by plaintiff International Longsh for attorney fees and non-taxable expenses ; memorandum of points and authorities in support of motion; declaration of Fred H. Altshuler, exhibit a-e; declaration of Rebecca L. Covert, exhibit a; declaration of Stacey M. Leyton, exhibits a-b; declaration of Robert F. Miller in support of motion; certificate of service - referred to Judge David A. Ezra (fe) Modified on 09/17/2003
|
|
|
|
|
|
| 67 |
Filed: 3/20/2003, Entered: 3/21/2003, Terminated: 4/4/2003 |
Motion to Withdraw as Attorney |
|
NOTICE OF MOTION and motion by defendant Otaka, Inc. Carlsmith Ball LLP's motion to withdraw as attorney ; memorandum in support of motion; declaration of Danielle N. Degele-Mathews; certificate of service - set for 10:00 4/4/03 before Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| -- |
Filed: 3/3/2003, Entered: 3/4/2003 |
Costs Taxed |
|
COSTS taxed for plaintiff International Longsh in the amount of $ 6,233.50 against defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 66 |
Filed: 2/25/2003, Entered: 2/26/2003 |
Stipulation and Order |
|
Second STIPULATION and ORDER by Judge David A. Ezra : extending time for filing plaintiff's motion for attorney's fees and related non-taxable expenses re [63-2] - extended until March 21, 2003 (fe)
|
|
|
|
|
|
| 65 |
Filed: 2/25/2003, Entered: 2/26/2003 |
Original Signature submitted |
|
SUBMISSION by plaintiff International Longsh of original signature(s) to declaration of Laura P. Juran in support of plaintiff's bill of costs [64-1] and her exhibits 1-2; certificate of service (fe)
|
|
|
|
|
|
| 64 |
Filed: 2/21/2003, Entered: 2/24/2003 |
Description not available |
|
BILL OF COSTS submitted by plaintiff International Longsh re [59-2]; declaration of Laura P. Juran in support of plaintiff's bill of cost and exhibits 1-2; declaration of Rebecca L. Covert and exhibits 1-5; certificate of service (fe)
|
|
|
|
|
|
| 63 |
Filed: 1/22/2003, Entered: 1/22/2003 |
Stipulation and Order |
|
STIPULATION extending time for filing plaintiff's bill of costs and motion for attorney's fees and related non-taxable expenses and ORDER by Judge David A. Ezra : extending until 2/21/03 (fe)
|
|
|
|
|
|
| -- |
Filed: 1/3/2003, Entered: 1/7/2003 |
Transcript |
|
ORIGINAL TRANSCRIPT filed ( Ct Rptr Cynthia Tando Fazio) taken on 12/9/02 (eps)
|
|
|
|
|
|
| 62 |
Filed: 12/26/2002, Entered: 12/27/2002 |
ERRATA |
|
Submittal of original declaration of Laura P. Juran in support of unopposed motion for extension of time for filing motion for attorney's fees and related expenses, appendiz a by plaintiff International Longsh to [61-1]; filed on December 24, 2002; certificate of service (fe)
|
|
|
|
|
|
| 61 |
Filed: 12/26/2002, Entered: 12/27/2002 |
Motion for Miscellaneous Relief |
|
Unopposed MOTION by plaintiff International Longsh to extend time for filing motion for attorney's fees and related expenses ; declaration of Laura P. Juran in support of motion; Order Granting motion for extension of time by Judge David A. Ezra; certificate of service (fe)
|
|
|
|
|
|
| 60 |
Filed: 12/24/2002, Entered: 12/24/2002 |
Order |
|
Plaintiff ILWU Local 142's application for entry of default judgment against defendant Hawaiian Waikiki Beach, Inc.; ORDER Granting by Judge David A. Ezra for entry of default judgment against Hawaiian Waikiki , terminating party Hawaiian Waikiki ; certificate of service - on behalf of pltf (fe)
|
|
|
|
|
|
| 59 |
Filed: 12/18/2002, Entered: 12/18/2002 |
Judgment* |
|
JUDGMENT in a civil case: that Judgment is entered pursuant to "Order Denying Defendant Otaka's Motion for Summary Judgment; Order Granting Plaintiff's Cross-Motion for Summary Judgment" filed on December 13, 2002 - by WALTER A.Y.H. CHINN, Clerk/Barbara Yamada terminating case (cc: all counsel) (fe)
|
|
|
|
|
|
| 58 |
Filed: 12/13/2002, Entered: 12/13/2002 |
Order |
|
ORDER by Judge David A. Ezra denying defendant Otaka's motion for summary judgment [31-1]; Order granting plaintiff's cross-motion for summary judgment [49-1] (cc: all counsel) (fe)
|
|
|
|
|
|
| 57 |
Filed: 12/9/2002, Entered: 12/10/2002 |
Minutes-Miscellaneous |
|
EP : Defendant Otaka, Inc.'s Motion For Summary Judgment(31). Plaintiff's Cross-Motion for Summary Judgment(49). Defendant Otaka, Inc.'s Motion For Summary Judgment-DENIED. Plaintiff's Cross-Motion for Summary Judgment-GRANTED. Court to prepare orders. - denying motion for summary judgment [31-1], granting motion for summary judgment [49-1] ( Ct Rptr : Cynthia Fazio) JUDGE Judge David A. Ezra (fe)
|
|
|
|
|
|
| 56 |
Filed: 12/5/2002, Entered: 12/5/2002 |
Minutes-Miscellaneous |
|
EO :Continued : [Settlement Conference] from 12/17/2002 02:00:00 PM to 02/04/2003 02:00:00 PM before LEK. Confidential Settlement Conference Statements are now due 1/28/03. settlement conference set for 2:00 2/4/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 55 |
Filed: 12/3/2002, Entered: 12/3/2002 |
Memorandum in Support of Motion |
|
MEMORANDUM by plaintiff International Longsh in support of cross-motion for summary judgment [49-1]; supplemental declaration of Karl Lindo; supplemental declaration of Laura P. Juran; exhibits 1-3; certificate of service (fe)
|
|
|
|
|
|
| 54 |
Filed: 11/26/2002, Entered: 11/27/2002 |
Statement in Opposition to Motion |
|
Separate and concise STATEMENT by defendant Otaka, Inc. in opposition to plaintiff's cross-motion for summary judgment [49-1]; declaration of Danielle N. Degele-Matthews; exhibits 18-28; certificate of service (fe)
|
|
|
|
|
|
| 53 |
Filed: 11/26/2002, Entered: 11/27/2002 |
Memorandum in Support of Motion |
|
Reply MEMORANDUM by defendant Otaka, Inc. in support of motion for summary judgment [31-1] and memorandum in opposition to plaintiff's motion for summary judgment [49-1]; certificate of service (fe)
|
|
|
|
|
|
| 52 |
Filed: 11/22/2002, Entered: 11/25/2002 |
ERRATA |
|
ERRATA by plaintiff International Longsh to separate concise statement of material facts in support of its cross-motion for summary judgment [49-1]; certificate of service (fe)
|
|
|
|
|
|
| 51 |
Filed: 11/21/2002, Entered: 11/22/2002 |
Memorandum in Opposition to Motion |
|
DECLARATION of Rebecca L. Covert in opposition to defendant Otaka, Inc.'s motion for summary judgment [31-1] and in support of plaintiff's cross-motion for summary judgment [49-1] (fe)
|
|
|
|
|
|
| 50 |
Filed: 11/21/2002, Entered: 11/22/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff International Longsh in opposition to defendant Otaka, Inc.'s separate statement of facts in support of its motion for summary judgment [32-1]; plaintiff's objections to evidence submitted by defendant Otaka, Inc. in support of its motion for summary judgment; declaration of Laura Juran; declaration of Ray Camacho; declaration of Karl Lindo; declaration of Kathleen Luka; declaration of Leticia Pauso; declaration of Delfina Fuller; certificate of service (fe)
|
|
|
|
|
|
| 49 |
Filed: 11/21/2002, Entered: 11/22/2002 |
Motion for Summary Judgment |
|
NOTICE OF MOTION and cross-motion by plaintiff International Longsh for summary judgment ; memorandum in opposition to defendant Otaka Inc.'s motion for summary judgment and in support of plaintiff's cross-motion for summary judgment; [proposed] order; certificate of service - set for 9:00 12/9/02 before Judge David A. Ezra (fe)
|
|
|
|
|
|
| 48 |
Filed: 11/21/2002, Entered: 11/22/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff International Longsh in opposition to defendant Otaka, Inc.'s separate statement of facts in support of its motion for summary judgment [32-1]; plaintiff's objections to evidence submitted by defendant Otaka, Inc. in support of its motion for summary judgment; declaration of Laura Juran; declaration of Ray Camacho; declaration of Karl Lindo; declaration of Kathleen Luka; declaration of Leticia Pauso; declaration of Delfina Fuller; certificate of service (fe)
|
|
|
|
|
|
| 47 |
Filed: 11/21/2002, Entered: 11/22/2002 |
Memorandum in Opposition to Motion |
|
DECLARATION of Stacey M. Leyton in opposition to defendant Otaka, Inc.'s motion for summary judgment [31-1] and in support of plaintiff's cross-motion for summary judgment; certificate of service [SEALED] (fe)
|
|
|
|
|
|
| 46 |
Filed: 11/18/2002, Entered: 11/19/2002 |
Stipulation and Order |
|
STIPULATION and ORDER by Judge David A. Ezra : to allow combined briefing and to set page limits for briefing of cross-motions for summary judgment re [31-1] (fe)
|
|
|
|
|
|
| 45 |
Filed: 11/15/2002, Entered: 11/15/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (fe)
|
|
|
|
|
|
| 44 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 43 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 42 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 41 |
Filed: 10/25/2002, Entered: 10/25/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (fe)
|
|
|
|
|
|
| 40 |
Filed: 10/25/2002, Entered: 10/25/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (fe)
|
|
|
|
|
|
| 39 |
Filed: 10/22/2002, Entered: 10/23/2002 |
Stipulation and Order |
|
First STIPULATION of facts and ORDER by Judge David A. Ezra : - on behalf of deft Otaka, Inc. (fe)
|
|
|
|
|
|
| 38 |
Filed: 10/15/2002, Entered: 10/15/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (fe)
|
|
|
|
|
|
| 37 |
Filed: 10/7/2002, Entered: 10/8/2002 |
Minutes-Miscellaneous |
|
EO : DISCOVERY ORDER RE: DEBRA LEE'S DEPOSITION This matter came before the Court by way of letter briefs submitted pursuant to Local Rule 37.1. On October 3, 2002, the parties simultaneously submitted their letter briefs. The Court construes Receiver Patricia Kim Park's ("Receiver") letter brief as a request to quash the oral deposition and records subpoena pursuant to Rule 26(c) Fed. R. Civ. P. 26(c) provides, in pertinent part, as follows: c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the district where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the disclosure or discovery not be had; (2) that the disclosure or discovery may be had only on specified terms and conditions, including a designation of the time or place .... Id., Federal Rules of Civil Procedure. Specifically, Receiver seeks an order preventing Debra Lee's oral deposition and document production from taking place on October 11, 2002, and deferring decision on Plaintiff ILWU's ("Plaintiff") request to compel Ms. Lee's deposition until after the state court decides Receiver's Motion for Instructions Regarding Responding to Request for Information About Severance and Vacation Pay Claims, filed October 1, 2002. This motion is presently scheduled for hearing on October 22, 2002. After careful consideration of the submissions and pertinent case law, and for the reasons provided below, this Court HEREBY GRANTS IN PART Plaintiff's request to compel and DENIES Receiver's request to quash and for protective order. BACKGROUND The subject lawsuit "seeks to compel defendants Hawaiian Waikiki Beach, Inc. and Otaka, Inc. ("Otaka") to arbitrate a dispute under a collective bargaining agreement regarding monies owed to defendants' former employees at the Hawaiian Waikiki Beach Hotel ...." (Pl.'s 10/03/02 Letter, at 1.) The facts underlying this action involve the Hawaiian Waikiki Beach Hotel which "was in receivership from August 24, 2000 until June 2001, when the Hotel was foreclosed and the employees were terminated." (Id.) As a result, Patricia Kim Park was appointed as the Receiver by the state court. The Receiver apparently directed Debra Lee, a former officer of and Human Resources manager for Defendant Hawaiian Waikiki Beach, Inc. to prepare "a vacation and separation report for the Receiver and continued to direct Human Resources at the Hotel during the receivership period." (Id., at 2.) Plaintiff served Ms. Lee with a subpoena for oral deposition "on or about September 20, 2002 ... [for her deposition] on Tuesday, October 8, 2002, and bring with her documents that are relevant to this case." The Court has been informed that counsel, by agreement, have rescheduled Ms. Lee's deposition for October 11, 2002. (Id., at 2.) The Receiver objects to the timing of Ms. Lee's deposition and, in particular, the production of any documents about the Receivership, until after the state court rules on the Receiver's motion. (Receiver's 10/03/02 Letter, at 1.) The Receiver has moved the state court for instructions that Plaintiff is "prevented from subpoenaing information about the Receivership, either directly and through Debra Lee (sic)." (Id.) As a result, the Receiver asks that this Court defer ruling on Plaintiff's request to compel Ms. Lee's deposition "until the Receiver is able to obtain instructions from the Circuit Court, which should occur within a few weeks from today." (Id.) DISCUSSION The federal rules provide that, "[u]nless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery." Fed. R. Civ. P. 26(d). Upon a showing of good cause, however, the court may stay or limit the scope of discovery to protect a party from annoyance, embarrassment, oppression or undue burden or expense. See Fed. R. Civ. P. 26(c). In seeking to quash the deposition subpoena, the Receiver argues that this Court should defer to the state court as to whether or not Plaintiff "is prevented from subpoenaing information about the Receivership ...." and submits that the state court has handled the receivership "for the last 20 months ...." and that Plaintiff will not be prejudiced by a deferral since it is an intervening party in the receivership and can, presumably, file its opposition to the Receiver's motion. (Id.) Plaintiff, on the other hand, argues that it seeks to compel Ms. Lee's attendance and document production pursuant to a subpoena issued by the United States District Court for the District of Hawaii, and that Ms. Lee's testimony is not privileged or otherwise immune from disclosure. Plaintiff further submits that it needs to take Ms. Lee's deposition and to obtain the subpoenaed documents in light of Defendant Otaka, Inc.'s motion for summary judgment, which is scheduled for hearing in this action on December 9, 2002, and thus will be prejudiced by any delay. Discovery as to matters that are relevant to any claim or defense is generally permitted unless a party or person can demonstrate "good cause" for a protective order: Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows "good cause" why a protective order is necessary. In San Jose Mercury News, Inc. v. United States Dist. Court, 187 F.3d 1096, 1103 (9th Cir.1999), the court said, "[i]t is well-established that the fruits of pre- trial discovery are, in the absence of a court order to the contrary, presumptively public. Rule 26(c) authorizes a district court to override this presumption where 'good cause' is shown." See also In re Agent Orange Product Liability Litig., 821 F.2d 139, 145 (2d Cir.1987) ("[I]f good cause is not shown, the discovery materials in question should not receive judicial protection and therefore would be open to the public."). Phillips v. General Motors Corp., 289 F.3d 1117, 1121(9th Cir. 2002). The Receiver has not demonstrated the requisite good cause for a protective order to issue to quash the subpoena served on Ms. Lee nor to prevent her deposition from taking place on October 11, 2002. Receiver does not provide legal authority that Ms. Lee's testimony and production of documents is privileged or otherwise immune. Rather, the Receiver's motion in state court centers on the Receiver's (and not Ms. Lee's) immunity from testifying; an issue that is not being controverted here by Plaintiff. (Pl.'s 10/03/02 Letter, at 2.) CONCLUSION In accordance with the foregoing, Plaintiff's request to compel Ms. Lee's compliance with the subpoena for her deposition and document production is HEREBY GRANTED, and the Receiver's request to quash subpoena and for protective order is HEREBY DENIED. IT IS SO ORDERED. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 36 |
Filed: 10/7/2002, Entered: 10/8/2002 |
Order |
|
Stipulated confidentiality ORDER by Mag Judge Leslie E. Kobayashi; exhibit a - on behalf of defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 35 |
Filed: 10/2/2002, Entered: 10/7/2002 |
Minutes-Miscellaneous |
|
EO : Re: Discovery Problem Re: Deposition [Privilege Issue] noticed for 10/8/02. Parties are to submit simultaneous letter briefs (3 to 5 pages including exhibits) by 4:00 p.m. Thursday, 10/3/02 directly to Magistrate Judge Leslie E. Kobayashi's chambers. Fax number is 541-1386. Any document faxed needs to be followed up with a hard copy. The Court will contact the parties if a Discovery Conference is going to be scheduled or may just rule on the briefs. cc: all counsel and Jeffrey S. Harris (counsel for witness) ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 34 |
Filed: 9/23/2002, Entered: 9/25/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff (lmg)
|
|
|
|
|
|
| 33 |
Filed: 9/20/2002, Entered: 9/23/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (lmg)
|
|
|
|
|
|
| 32 |
Filed: 8/26/2002, Entered: 8/26/2002 |
Miscellaneous Document |
|
Separate and concise STATEMENT of facts by defendant Otaka, Inc. in support of motion for summary judgment [31-1]; declaration of Fumio Okuda; exhibits 1-3; affidavit of Anna M. Elento-Sneed; exhibits 4-17; declaration of Sheryl L. Nicholson; certificate of service (fe)
|
|
|
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 31 |
Filed: 8/26/2002, Entered: 8/26/2002, Terminated: 12/9/2002 |
Motion for Summary Judgment |
|
NOTICE OF MOTION and motion by defendant Otaka, Inc. for summary judgment ; memorandum in support of motion; certificate of service - set for 9:00 12/9/02 before Judge David A. Ezra (fe)
|
|
|
|
|
|
| 30 |
Filed: 8/23/2002, Entered: 8/26/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 29 |
Filed: 8/23/2002, Entered: 8/26/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 28 |
Filed: 8/20/2002, Entered: 8/21/2002 |
Ex Parte Motion and order |
|
EX PARTE MOTION and Order {GRANTING} by Mag Judge Leslie E. Kobayashi by plaintiff International Longsh for attorney Laura P. Juran to appear pro hac vice ; declaration of Laura P. Juran; declaration of Rebecca L. covert; certificate of service (fe)
|
|
|
|
|
|
| -- |
Filed: 8/20/2002, Entered: 8/21/2002 |
Filing Fee Received |
|
FILING FEE PAID in the amount of $ 100.00, receipt # 210730 for PHV attorney Laura P. Juran (fe)
|
|
|
|
|
|
| 27 |
Filed: 8/15/2002, Entered: 8/19/2002 |
Scheduling Order |
|
Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
|
|
|
|
|
|
| 26 |
Filed: 8/14/2002, Entered: 8/15/2002 |
Minutes-Miscellaneous |
|
EP : Status Conference Re: Trial Date and Deadlines held. All parties participated by phone. New trial date and deadlines given Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on May 13, 2003 at 9:00 a.m. before DAE 2. Final Pretrial Conference on April 1, 2003 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by March 25, 2003 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by February 12, 2003 7. File Dispositive Motions by December 11, 2002 8a. File Motions in Limine by April 22, 2003 8b. File opposition memo to a Motion in Limine by April 29, 2003 11a. Plaintiff's Expert Witness Disclosures by November 12, 2002 11b. Defendant's Expert Witness Disclosures by December 11, 2002 12. Discovery deadline March 14, 2003 13. Settlement Conference set for December 17, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by December 10, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by April 29, 2003 21. File Final witness list by April 22, 2003 24. Exchange Exhibit and Demonstrative aids by April 15, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by April 22, 2003 26. File objections to the Exhibits by April 29, 2003 28a. File Deposition Excerpt Designations by April 22, 2003 28b. File Deposition Counter Designations and Objections by April 29, 2003 29. File Trial Brief by April 29, 2003 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. status conference held 8/14/02 before Mag Judge Leslie E. Kobayashi , ; Jury Trial set for 9:00 5/13/02 before Judge David A. Ezra , ; final pretrial conference set for 9:00 4/1/03 ; Discovery ddl set for 3/14/03 ; Motion filing ddl set for 12/11/02 ; settlement/status conference set for 2:00 12/17/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 25 |
Filed: 8/9/2002, Entered: 8/9/2002 |
Minutes-Miscellaneous |
|
EO :Status Conference Re: Trial Date and Deadlines set for 08/14/2002 09:30:00 AM, LEK. status conference set for 9:30 8/14/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 24 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 23 |
Filed: 7/24/2002, Entered: 7/25/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 22 |
Filed: 6/5/2002, Entered: 6/5/2002 |
Ex Parte Motion and order |
|
Application and Order by Mag Judge Leslie E. Kobayashi by plaintiff International Longsh for attorney Stacey M. Leyton to appear pro hac vice ; declaration of Rebecca L. Covert; certificate of service (fe)
|
|
|
|
|
|
| -- |
Filed: 6/5/2002, Entered: 6/5/2002 |
Filing Fee Received |
|
FILING FEE PAID in the amount of $ 100.00, receipt # 209176 - for PHV attorney Stacey Leyton (fe)
|
|
|
|
|
|
| 21 |
Filed: 4/23/2002, Entered: 4/24/2002 |
Scheduling Order |
|
Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
|
|
|
|
|
|
| 20 |
Filed: 4/22/2002, Entered: 4/23/2002 |
Minutes-Miscellaneous |
|
EP : Status Conference Re: Trial Date and Deadlines held. Fred H. Altshuler and Stacey Leyton participated by phone. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on February 25, 2003 at 9:00.a.m. before DAE 2. Final Pretrial Conference on January 14, 2003 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by January 7, 2003 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by November 27, 2002 7. File Dispositive Motions by September 25, 2002 8a. File Motions in Limine by February 4, 2003 8b. File opposition memo to a Motion in Limine by February 11, 2003 11a. Plaintiff's Expert Witness Disclosures by August 26, 2002 11b. Defendant's Expert Witness Disclosures by September 25, 2002 12. Discovery deadline December 27, 2002 13. Settlement Conference set for September 23, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by September 16, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by February 11, 2003 21. File Final witness list by February 4, 2003 24. Exchange Exhibit and Demonstrative aids by January 28, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by February 4, 2003 26. File objections to the Exhibits by February 11, 2003 28a. File Deposition Excerpt Designations by February 4, 2003 28b. File Deposition Counter Designations and Objections by February 11, 2003 29. File Trial Brief by February 11, 2003 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. status conference held , Jury Trial set for 9:00 2/25/03 before Judge David A. Ezra , final pretrial conference set for 9:00 1/14/03 ; Discovery ddl set for 12/27/02 ; Motion filing ddl set for 9/25/02 ; settlement/status conference set for 2:00 9/23/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 19 |
Filed: 4/18/2002, Entered: 4/18/2002 |
Minutes-Miscellaneous |
|
EO :Status Conference Re: Trial Date and Deadlines set for 04/22/2002 09:00:00 AM, LEK. Stacey Leyton to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 18 |
Filed: 3/29/2002, Entered: 3/29/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by plaintiff International Longsh (fe)
|
|
|
|
|
|
| 17 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Clerks Entry of Default* |
|
DEFAULT ENTERED as to defendant Hawaiian Waikiki; certificate of service - on behalf of pltf. (fe)
|
|
|
|
|
|
| 16 |
Filed: 3/19/2002, Entered: 3/19/2002 |
Certificate Of Service. |
|
CERTIFICATE of service by defendant Otaka, Inc. (fe)
|
|
|
|
|
|
| 15 |
Filed: 1/24/2002, Entered: 1/25/2002 |
Scheduling Order |
|
Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
|
|
|
|
|
|
| 14 |
Filed: 1/23/2002, Entered: 1/24/2002 |
Minutes-Miscellaneous |
|
EP : Rule 16 Scheduling Conference held. 1. Jury trial on November 19, 2002 at 9:00.a.m. before DAE 2. Final Pretrial Conference on October 8, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by October 1, 2002 5. File motions to Join/Add Parties/Amend Pleadings by April 19, 2002 6. File other Non-Dispositive Motions by August 21, 2002 7. File Dispositive Motions by June 19, 2002 8a. File Motions in Limine by October 29, 2002 8b. File opposition memo to a Motion in Limine by November 5, 2002 11a. Plaintiff's Expert Witness Disclosures by May 20, 2002 11b. Defendant's Expert Witness Disclosures by June 19, 2002 12. Discovery deadline September 20, 2002 13. Settlement Conference set for June 17, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by June 10, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by November 5, 2002 21. File Final witness list by October 29, 2002 24. Exchange Exhibit and Demonstrative aids by October 22, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by October 29, 2002 26. File objections to the Exhibits by November 5, 2002 28a. File Deposition Excerpt Designations by October 29, 2002 28b. File Deposition Counter Designations and Objections by November 5, 2002 29. File Trial Brief by November 5, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: LR 56.1 Memorandum given to parties. A copy of the Rule 16 Scheduling Order mailed to all parties. ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 13 |
Filed: 1/17/2002, Entered: 1/18/2002 |
Certificate Of Service. |
|
CERTIFICATE of service (fe)
|
|
|
|
|
|
| 12 |
Filed: 1/17/2002, Entered: 1/18/2002 |
Report of Planning Meeting |
|
REPORT OF PARTIES PLANNING MEETING by plaintiff; certificate of service (fe)
|
|
|
|
|
|
| 11 |
Filed: 1/16/2002, Entered: 1/16/2002 |
Scheduling Conference Statement |
|
SCHEDULING CONFERENCE STATEMENT by defendant Otaka, Inc.; certificate of service (fe)
|
|
|
|
|
|
| 10 |
Filed: 1/3/2002, Entered: 1/4/2002 |
Notice of Hearing. |
|
NOTICE of hearing rule 16 conference set for 3:00 1/23/02 before Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
|
|
|
|
|
|
| 9 |
Filed: 12/27/2001, Entered: 12/27/2001 |
Minutes-Miscellaneous |
|
EO : rule 16 conference set for 9:30 1/22/02 is moved to 3:00 1/22/02 before Mag Judge Leslie E. Kobayashi ; Jonathan Swanson to notify all parties ( Ct Rptr : ) Mag Judge Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 8 |
Filed: 12/26/2001, Entered: 12/27/2001 |
Minutes-Miscellaneous |
|
EO : rule 16 conference set for 9:00 1/14/02 is continued to 9:30 1/22/02 before Mag Judge Leslie E. Kobayashi ; Jonathan Swanson to notify all parties ( Ct Rptr :) JUDGE Leslie E. Kobayashi (fe)
|
|
|
|
|
|
| 7 |
Filed: 12/26/2001, Entered: 12/27/2001 |
Request |
|
REQUEST by plaintiff for entry of default as to defendant Hawaiian Waikiki Beach, Inc.; declaration of Stacey M. Leyton; exhibit a (fe)
|
|
|
|
|
|
| 6 |
Filed: 11/13/2001, Entered: 11/15/2001 |
Answer |
|
ANSWER by defendant Otaka, Inc. to complaint to compel arbitration [1-1]; jury demand; certificate of service (fe)
|
|
|
|
|
|
| 5 |
Filed: 11/1/2001, Entered: 11/2/2001 |
Notice of Appearance |
|
Notice of ATTORNEY APPEARANCE of local counsel for plaintiff by Herbert R. Takahashi, Rebecca L. Covert; certificate of service (fe)
|
|
|
|
|
|
| 4 |
Filed: 10/29/2001, Entered: 10/29/2001 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Otaka, Inc. on 10/24/01 through its president Fumiyo Okuda at 2571 Lemon Rd., Hono, HI (fe)
|
|
|
|
|
|
| 3 |
Filed: 10/29/2001, Entered: 10/29/2001 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Hawaiian Waikiki on 10/24/01 through its president, Fumiyo Okuda at 2571 Lemon Rd., Honolulu, HI (fe)
|
|
|
|
|
|
| 2 |
Filed: 10/5/2001, Entered: 10/11/2001 |
Order |
|
ORDER by Judge David A. Ezra rule 16 conference set for 9:00 1/14/02 before Mag Judge Leslie E. Kobayashi (eps)
|
|
|
|
|
|
| 1 |
Filed: 10/5/2001, Entered: 10/11/2001 |
Complaint |
|
COMPLAINT to compel arbitration and demand for jury trial; (Summons(es) issued) (eps)
|
|
|
|
Update
Alerts
Jump