Ebarez, et al v. Tamanaha, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:02-cv-00198-ACK-LEK
District Judge ALAN C KAY, presiding

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No Logo Darcy Jean Mapuana Ebanez, Plaintiff
No Logo John Alfred Ebarez, Plaintiff
v.
No Logo Aloha Airlines, Inc., Defendant
Officially listed as "Aloha Airlines, Incorporated"

Toggle Switch Represented by lawcsilc.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David M. Lum +5225 522 522 5133 ksagena@lawcsilc.com
No Logo Emy Tamanaha, Defendant

Toggle Switch Represented by lawcsilc.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David M. Lum +5225 522 522 5133 ksagena@lawcsilc.com
United States Department of the Treasury, Internal Revenue Service United States Department of the Treasury, Internal Revenue Service, Defendant
Officially listed as "Internal Revenue Ser"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Chun +5412 541 541 2850

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Charles M Duffy , +1 202 307 6406 +1 202 307 0054 Charles.M.Duffy@usdoj.gov
No Logo Susan Meredith, Defendant
Office Hawaii
Filed 4/4/2002
Jury Demand None
Demand $0
Nature of Suit 870 - Federal Tax Suits: Taxes (US Plaintiff or Defendant)
Cause Section 26 U.S.C. § 7426 IRS
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Other
County Honolulu
Terminated 7/3/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank 31 Filed: 7/3/2002, Entered: 7/3/2002 Judgment*
JUDGMENT in a civil case: that the Complaint is DISMISSED, pursuant to "Order Granting United States' Motion to Dismiss" and "Order Granting Defendants' Emy Tamanaha and Aloha Airlines, Inc.'s Motion to Dismiss and For More Definite Statement Pursuant to Federal Rules of Civil Procedure 9 (b) and 12 (b) (6) Filed April 25, 2002", filed on June 27, 2002 - by WALTER A.Y.H. CHINN, Clerk/Barbara Yamada (cc: all counsel) (fe)
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    Blank 30 Filed: 6/27/2002, Entered: 7/2/2002 OrderCourt Filing
    ORDER by Judge Alan C. Kay granting defendants Emy Tamanaha and Aloha Airlines, Inc.'s motion to dismiss and for more definite statement pursuant to FRCP 9(b) and 12 (b)(6) [11-1] - on behalf of Emy Tamanaha and Aloha Airles, Inc. (fe)
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      Blank 29 Filed: 6/27/2002, Entered: 7/2/2002 OrderCourt Filing
      ORDER by Judge Alan C. Kay granting United States' motion to dismiss [20-1]; certificate of service - on behalf of USA - the plaintiffs have failed to state a claim against the United States upon which relief can be granted (fe)
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        Blank 28 Filed: 6/17/2002, Entered: 6/18/2002 Minutes-MiscellaneousCourt Filing
        EP :1) Government's Motion to Dismiss and 2) Defendants Emy Tamanaha and Aloha Airlines, Inc.'s Motion to Dismiss and for More Definite Statement Pursuant to Federal Rules of Civil Procedure 9 (b) and 12(b)(6) Three calls made outside of Courtroom Aha Kaulike in the names of John Alfred Ebanez and Darcy Jean Mapuana Ebanez with no response. Arguments made. Government's Motion to Dismiss and Defendant Emy Tamanaha and Aloha Airlines, Inc's Motion to Dismiss and for More Definite Statement Pursuant to Federal Rules of Civil Procedure 9 (b) and 12( b)(6) GRANTED. Counsels to prepare Order. [20-1], [11-1] ( Ct Rptr : Steve Platt) JUDGE Judge Alan C. Kay (fe)
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          Blank 27 Filed: 6/14/2002, Entered: 6/17/2002 OrderCourt Filing
          ORDER by Mag Judge Leslie E. Kobayashi granting defendants' motion to excuse them from provisions of Fed,R.CIV.P 26(f) requiring meeting of and report from the parties [24-1] (cc: all counsel) (fe)
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            Blank 26 Filed: 6/13/2002, Entered: 6/17/2002 Minutes-MiscellaneousCourt Filing
            EO :Continued : [Rule 16 Scheduling Conference] from 07/01/2002 09:00:00 AM to 09/09/2002 09:00:00 AM, LEK. Order to issue continuing date rule 16 conference set for 9:00 9/9/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) Mag Judge Leslie E. Kobayashi (fe)
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              Blank 25 Filed: 6/13/2002, Entered: 6/17/2002 Description not available
              DECLARATION of counsel regarding service upon defendants; exhibits a-c; certificTE OF SERVICE - by defendants Emy Tamanaha and Aloha Airlines, Inco (fe)
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                Blank 24 Filed: 6/10/2002, Entered: 6/10/2002, Terminated: 6/14/2002 Motion for Miscellaneous ReliefCourt Filing
                NOTICE OF MOTION and motion by defendant Emy Tamanaha, and Aloha Airlines, Inco to excuse them from provisions of Fed,R.CIV.P 26(f) requiring a meeting of and report from the parties ; memorandum of law; declaration of counsel certificate of service - non-hrg before Mag Judge Leslie E. Kobayashi (fe)
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                  Blank 23 Filed: 6/3/2002, Entered: 6/4/2002 ~Notice (other)
                  NOTICE of non-acceptance of service by the plaintiffs by defendant Internal Revenue Ser; exhibit a; certificate of service (fe)
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                    Blank 22 Filed: 5/30/2002, Entered: 5/31/2002 Remark
                    Entry of Default - automatic judgment (by plaintiffs) re: [21-1] DENIED BY WALTER A.Y.H. CHINN, Clerk (fe)
                      LREF
                      Blank 21 Filed: 5/30/2002, Entered: 5/31/2002 ~Notice (other)
                      NOTICE of default of respondents by plaintiff; Clerical claim for damages by default under common-law and as affirmed by FRCP 55(a); and lawful rejection of unlawful responses by fraud on court and inability of judges to affirm competency by written, lawful oaths of office; affidavit and attachments (fe)
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                        Blank 20 Filed: 5/16/2002, Entered: 5/17/2002, Terminated: 6/27/2002 Motion to DismissCourt Filing
                        NOTICE OF MOTION and motion by defendant Internal Revenue Ser to dismiss ; memorandum in support of motion to dismiss; certificate of service - set for 10:30 6/17/02 before Judge Alan C. Kay (eps)
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                          Blank 19 Filed: 5/1/2002, Entered: 5/1/2002 OrderCourt Filing
                          ORDER by Judge Alan C. Kay granting plaintiffs' motion for termination of two requests for temporary restraining order and injunction re [18-1] (cc: all counsel) (fe)
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                            Blank 18 Filed: 4/29/2002, Entered: 4/30/2002, Terminated: 5/1/2002 Minutes-Miscellaneous
                            EP :Request For Immediate Permanent Restraining Order And Injunction Against Aloha Airlines And The Internal Revenue Service Acting In Open Defiance Of Justice And This Court For Proceeding With Unlawful And Fraudulent Attachment Of Compensation For Labor After Receipt Of A Lawful Service: Three calls made outside of Courtroom Aha Kaulike in the names of John Alfred Ebanez and Darcy Jean Mapuana Ebanez with no response. Arguments made. Since plaintiffs filed a Motion For Termination, Court GRANTED the Motion for Termination. Court to prepare Order - re [4-1], granting motion to dismiss and for more definite statement pursuant to FRCP 9(b) and 12 (b)(6) [11-1] ( Ct Rptr : Cynthia Fazio) JUDGE Alan C. Kay (fe)
                              LREF
                              Blank 17 Filed: 4/27/2002, Entered: 4/29/2002 Miscellaneous Document
                              MOTION for termination by plaintiff of two requests for temporary restraining order and injunction against Aloha airlies and Internal Revenue Service, et al, for failure to affirm competent jurisdiction of the court [4-1], [10-1]; certificate of service (fe)
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                                Blank 16 Filed: 4/26/2002, Entered: 4/26/2002 Description not available
                                DECLARATION of counsel by defendant re [1-1]; exhibits a and b; certificate of service (fe)
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                                  Blank 15 Filed: 4/26/2002, Entered: 4/26/2002 Service - Miscellaneous
                                  RETURN OF SERVICE executed upon defendant Internal Revenue Ser on 4/8/02 via certified mail, RRR 7002 0460 0001 4067 6979 (fe)
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                                    Blank 14 Filed: 4/26/2002, Entered: 4/26/2002 Service - Miscellaneous
                                    RETURN OF SERVICE executed upon defendant Susan Meredith on 4/8/02 via certified mail, RRR 7002 0460 0001 4067 6962 (fe)
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                                      Blank 13 Filed: 4/26/2002, Entered: 4/26/2002 Service - Miscellaneous
                                      RETURN OF SERVICE executed upon defendant Aloha Airlines, Inco on 4/5/02 thru Emy Tamanaha, Finance Dept (fe)
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                                        Blank 12 Filed: 4/26/2002, Entered: 4/26/2002 Service - Miscellaneous
                                        RETURN OF SERVICE executed upon defendant Emy Tamanaha on 4/5/02 of Finances department, 2828 Paa St., Hono, HI (fe)
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                                          Blank 11 Filed: 4/25/2002, Entered: 4/26/2002, Terminated: 6/27/2002 Motion to DismissCourt Filing
                                          NOTICE OF MOTION and motion by defendant Emy Tamanaha, and Aloha Airlines, Inco to dismiss and for more definite statement pursuant to FRCP 9(b) and 12 (b)(6) ; memorandum of law; certificate of service - set for 10:30 6/17/02 before Judge Alan C. Kay (fe)
                                            LREF
                                            Blank 10 Filed: 4/24/2002, Entered: 4/25/2002 Supplement
                                            Second REQUEST by plaintiffs John Alfred Ebarez and Darcy Jean Mapuana Ebanez re motion for immediate permanent restraining order and injunction against Aloha Airlines and the Internal Revenue Service acting in open defiance of justice and this court for proceeding with unlawful and fraudulent attachment of compensation for labor after receipt of a lawful service and summons [4-1]; under FRCP Rule 65 (fe)
                                              LREF
                                              Blank 9 Filed: 4/18/2002, Entered: 4/18/2002 Response/Reply - Miscellaneous
                                              OBJECTIONS by defendants Emy Tamanaha and Aloha Airlines, Inco to complainants request for immediate permanent restraining order and injunction filed 4/10/02 [4-1]; declaration of Emy Tamanaha; exhibits a-c; certificate of service (fe)
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                                                Blank 8 Filed: 4/17/2002, Entered: 4/18/2002 Memorandum in Opposition to Motion
                                                MEMORANDUM by defendant United States in opposition to motion for immediate permanent restraining order and injunction [4-1]; certificate of service (fe) Modified on 04/26/2002
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                                                  Blank 7 Filed: 4/17/2002, Entered: 4/17/2002 Notice of Hearing.
                                                  NOTICE of setting hearing on: motion for immediate permanent restraining order and injunction against Aloha Airlines and the Internal Revenue Service acting in open defiance of justice and this court for proceeding with unlawful and fraudulent attachment of compensation for labor after receipt of a lawful service and summons [4-1] hrg set for 2:00 4/29/02 (cc: all parties and counsel) (fe)
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                                                    Blank 6 Filed: 4/15/2002, Entered: 4/16/2002 Notice of Hearing.Court Filing
                                                    NOTICE of setting hearing on Request for immediate permanent restraining order and injunction against Aloha Airlines and the Internal Revenue Service acting in open defiance of justice and this court for proceeding with unlasful and fraudulent attachment of compensation for labor after receipt of a lawful service and summons [4-1] set for 10:00 4/29/02 before Judge Alan C. Kay; NOTE: per earlier conversation, the Court will expect defendants' responses by Thursday, 4/8/02 (cc: John Alfred Ebanez and Darcy Jean Mapuana Ebanez; Michael Chun, David Lum) (fe)
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                                                      Blank 5 Filed: 4/11/2002, Entered: 4/12/2002 Notice of Hearing.Court Filing
                                                      NOTICE of setting hearing on: Request for immediate permanent restraining order and injunction against Aloha Airlines and the Internal Revenue Service acting in open defiance of justice and this court for proceeding with unlasful and fraudulent attachment of compensation for labor after receipt of a lawful service and summons [4-1] set for hearing at 10:00 4/24/02 before Judge Alan Kay (cc: John Alfred Ebanez and Darcy Jean Mapuana Ebanez; Michael Chun, AUSA, David Lum) (fe)
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                                                        Blank 4 Filed: 4/10/2002, Entered: 4/11/2002, Terminated: 4/29/2002 Motion for Permanent InjunctionCourt Filing
                                                        REQUEST by plaintiffs for immediate permanent restraining order and injunction against Aloha Airlines and the Internal Revenue Service acting in open defiance of justice and this court for proceeding with unlawful and fraudulent attachment of compensation for labor after receipt of a lawful service and summons - referred to Judge Alan C. Kay (fe) Modified on 04/17/2002
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                                                          Blank 3 Filed: 4/5/2002, Entered: 4/5/2002 Summons Issued
                                                          SUMMONS issued (fe)
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                                                            Blank 2 Filed: 4/4/2002, Entered: 4/5/2002 OrderCourt Filing
                                                            ORDER by Judge David A. Ezra rule 16 conference set for 9:00 7/1/02 before Mag Judge Leslie E. Kobayashi (fe)
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                                                              Blank 1 Filed: 4/4/2002, Entered: 4/5/2002 Complaint
                                                              Conspiracy to extort in violation of law; threat and intimidation under color of law; securing of compensation for labor under false pretenses; failure to give lawful notice prior to threat of levy; violation of national and jurisdictional right of citizenship (fe)
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                                                                Blank -- Filed: 4/4/2002, Entered: 4/5/2002 Filing Fee Received
                                                                FILING FEE PAID in the amount of $ 150.00, receipt # 207940 (fe)
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