Michael DeArmey v. Hawaiian Isles Kona Coffee Company, LTD.
| California Central District Court | |
| Judge: | James V Selna |
| Referred: | Karen E Scott |
| Case #: | 8:19-cv-00432 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Mar 05, 2019 |
| Terminated: | Aug 21, 2019 |
| Last checked: Sunday Sep 01, 2019 2:50 AM PDT |
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Defendant
Hawaiian Isles Kona Coffee Company, LTD
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Represented By
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Plaintiff
Michael DeArmey
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Represented By
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| Docket last updated: 04/22/2024 11:59 PM PDT |
| Wednesday, August 21, 2019 | ||
| 49 | 49
notice
Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1))
Wed 08/21 1:56 PM
NOTICE of Voluntary Dismissal filed by Plaintiff Michael DeArmey. Dismissal is Without Prejudice. (Fisher, Lawrence) |
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| Wednesday, August 14, 2019 | ||
| 48 | 48
order
Substitute Attorney
Wed 08/14 9:11 AM
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge James V. Selna, GRANTING47 HAWAIIAN ISLES KONA COFFEE COMPANY, LTD., Defendant, Request to Substitute Attorney Erin M. Wilson as attorney of record instead of Albert H. Ebright. (es) |
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| Tuesday, August 13, 2019 | ||
| 47 | 47
motion
Substitute Attorney (G-01)
Tue 08/13 7:59 AM
REQUEST TO WITHDRAW ATTORNEY Albert H. Ebright as counsel of record filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. (Ebright, Albert) |
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Att: 1
Proposed Order
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| Wednesday, July 31, 2019 | ||
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3
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Wed 07/31 11:21 AM
ORDER GRANTING STIPULATION REGARDING REVISED CASE MANAGEMENT DATES45 by Judge James V. Selna. Pursuant to the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that: 1. The parties agree to a trial date: February 2, 2021 at 8:30 a.m. 2. The parties agree to a pretrial conference: January 19, 2021 8:30 A.M. (See document for further deadlines and hearings) (es) |
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| Tuesday, July 30, 2019 | ||
| 45 | 45
stip
Reschedule
Tue 07/30 11:44 AM
STIPULATION to Reschedule Revised Case Management Dates filed by Defendant Hawaiian Isles Kona Coffee Company, LTD.(Walder, Jessica) |
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Att: 1
Proposed Order
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| Friday, July 26, 2019 | ||
| 44 | 44
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pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Fri 07/26 3:19 PM
ORDER GRANTING STIPULATION REGARDING CASE MANAGEMENT DATES PURSUANT TO JULY 19, 2019 ORDER42 by Judge James V. Selna. Pursuant to the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that: 1. The parties will lodge the Pre-Trial Conference Order and file their Memorandum of Contentions of Fact and Law, Exhibit List, Witness List and Status Report re: Settlement on 10/13/2020. 2. Hand serve motions in limine by 9/22/2020. 3. Last day for motions to be heard will be 9/14/2020. 4. The last day for filing and hand-serving motions (other than motions in limine) will be 8/17/2020. 5. The expert discovery cut-off will be 7/31/2020. 6. The parties shall exchange rebuttal expert witness disclosures on 7/10/2020. 7. The last day to conduct a mediation will be 6/30/2020. 8. The parties shall exchange opening expert witness disclosures on 6/19/2020. 9. The non-expert discovery cut-off will be 6/5/2020. 10. Plaintiff shall file his Motion for Class Certification within six months after Defendant files its answer. 11. Defendant shall file its opposition to the Motion for Class Certification within 60 days after Plaintiff files his motion. 12. Plaintiff shall file his reply in support of the Motion for Class Certification within 35 days after Defendant files its opposition. 13. The parties shall meet and confer regarding a mutually agreeable hearing date for the Motion for Class Certification before Plaintiff files his motion. (es) |
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| 43 | 43
notice
Appearance
Fri 07/26 2:02 PM
NOTICE of Appearance filed by attorney Erin M Wilson on behalf of Defendant Hawaiian Isles Kona Coffee Company, LTD (Attorney Erin M Wilson added to party Hawaiian Isles Kona Coffee Company, LTD(pty:dft))(Wilson, Erin) |
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| 42 | 42
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stip
Order
Fri 07/26 12:26 PM
STIPULATION for Order to Set Case Management Dates filed by Plaintiff Michael DeArmey.(Fisher, Lawrence) |
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Att: 1
Proposed Order
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| Tuesday, July 23, 2019 | ||
| 41 | 41
textonly
Notice of Filing Transcript
Tue 07/23 6:19 PM
NOTICE OF FILING TRANSCRIPT filed for proceedings 7-19-19 2:11 p.m. re Transcript40 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
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| 40 | 40
transcript
-Transcript
Tue 07/23 6:18 PM
TRANSCRIPT for proceedings held on 7-19-19 2:11 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/13/2019. Redacted Transcript Deadline set for 8/23/2019. Release of Transcript Restriction set for 10/21/2019. (Seffens, Sharon) |
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| Monday, July 22, 2019 | ||
| 39 | 39
transcript
-Transcript Order Form (G-120)
Mon 07/22 2:50 PM
TRANSCRIPT ORDER as to Plaintiff Michael DeArmey for Court Reporter. Court will contact Debbie Schroeder at dschroeder@bursor.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Fisher, Lawrence) |
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| 38 | 38
order
Dismiss
Mon 07/22 10:39 AM
MINUTES (IN CHAMBERS) by Judge James V. Selna: For the foregoing reasons, the Court grants in part the motion to dismiss for failure to state a claim as to all of DeArmey's claims, except his UCL claim to the extent that it is brought under the "unfair" or "unlawful" prongs. The Court denies the motion to strike. DeArmey is granted 30 days leave to amend the FAC to address deficiencies identified in this order. (See document for further details) (es) |
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| Friday, July 19, 2019 | ||
| 37 | 37
minutes
Motion Hearing Scheduling Conference - optional html form
Mon 07/22 10:24 AM
MINUTES OF 1. Defendant's Motion to Dismiss First Amended Complaint26 2. Scheduling Conference held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. Motion is argued and taken under submission. Court and counsel confer. The Court sets the case management dates with the agreement of counsel as follows: Jury Trial November 3, 2020 at 8:30 a.m. Final PreTrial Conference October 19, 2020 at 11:00 a.m. Within 7 days, Counsel shall meet and confer and submit a stipulation and proposed order with the balance of the case management dates as shown on Exhibit A to the Order Setting Rule 26(f) Scheduling Conference including the last date to conduct a settlement conference. Court Reporter: Sharon Seffens. (es) |
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| Thursday, July 11, 2019 | ||
| 36 | 36
textonly
Text Only Scheduling Notice
Thu 07/11 11:25 AM
[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION to Dismiss First Amended Complaint26 and Scheduling Conferece previously set for 7/15/2019 at 1:30 pm is continued to 7/19/2019 at 01:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
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| Tuesday, July 09, 2019 | ||
| 35 | 35
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 07/09 11:38 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Paul Brecher counsel for Defendant Hawaiian Isles Kona Coffee Company, LTD. Aaron Paul Brecher is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Hawaiian Isles Kona Coffee Company, Ltd.. (Brecher, Aaron) |
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| Monday, July 08, 2019 | ||
| 34 | 34
misc
Status Report
Mon 07/08 11:12 AM
STATUS REPORT filed by Plaintiff Michael DeArmey. (Fisher, Lawrence) |
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| Friday, June 28, 2019 | ||
| 33 | 33
respm
Reply (Motion related)
Fri 06/28 11:07 AM
REPLY NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 26 filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. (Brecher, Aaron) |
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| Tuesday, June 18, 2019 | ||
| 32 | 32
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 06/18 3:58 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Thomas Andrew Reyda counsel for Plaintiff Michael DeArmey. Thomas A. Reyda is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Michael DeArmey. |
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| Friday, June 14, 2019 | ||
| 31 | 31
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respm
Memorandum in Opposition to Motion
Fri 06/14 3:17 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 26 filed by Plaintiff Michael DeArmey. (Fisher, Lawrence) |
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| Tuesday, May 21, 2019 | ||
| 30 | 30
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pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Tue 05/21 7:52 AM
ORDER GRANTING STIPULATION TO CONTINUE RULE 26(f) SCHEDULING CONFERENCE AND RELATED DEADLINES29 by Judge James V. Selna. IT IS HEREBY ORDERED that: 1. The Federal Rule of Civil Procedure 26(f) scheduling conference is moved from June 12, 2019 at 10:00 a.m. to July 15, 2019 at 1:30 p.m.; 2. The deadline for the parties to conduct the Federal Rule of Civil Procedure 26(f) conference of parties is extended from May 22, 2019 to June 21, 2019; and 3. The deadline for the parties to submit a Federal Rule of Civil Procedure 26(f) joint report is extended from June 5, 2019 to July 8, 2019. (es) |
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| Monday, May 20, 2019 | ||
| 29 | 29
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pgs
stip
Continue
Mon 05/20 3:47 PM
STIPULATION to Continue Scheduling Conference from June 12, 2019 to July 15, 2019 filed by Plaintiff Michael DeArmey.(Fisher, Lawrence) |
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Att: 1
2 pgs
Proposed Order
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| Wednesday, May 15, 2019 | ||
| 28 | 28
2
pgs
order
Order ~Util - Set/Reset Motion Hearing and R&R Deadlines
Wed 05/15 10:45 AM
ORDER MODIFYING BRIEFING SCHEDULE FOR DEFENDANT'S MOTIONS TO DISMISS AND STRIKE27 by Judge James V. Selna. THE COURT, HEREBY ORDERS THAT: 1) Plaintiff shall file his opposition to Defendant's motion to dismiss and strike portions of Plaintiff's First Amended Complaint on or before June 14, 2019; 2) Defendant shall file its reply briefs in support of its motion to dismiss and strike portions of Plaintiff's First Amended Complaint on or before June 28, 2019. (es) |
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| Tuesday, May 14, 2019 | ||
| 27 | 27
stip
Reschedule
Tue 05/14 2:01 PM
STIPULATION to Reschedule Briefing Deadlines for Defendant's Motions to Dismiss filed by Plaintiff Michael DeArmey.(Fisher, Lawrence) |
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Att: 1
Proposed Order
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| Wednesday, May 08, 2019 | ||
| 26 | 26
motion
Dismiss (cause or other)
Wed 05/08 3:23 PM
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. Motion set for hearing on 7/15/2019 at 01:30 PM before Judge James V. Selna. (Brecher, Aaron) |
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Att: 1
Memorandum of Points & Authorities,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Proposed Order
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| Wednesday, April 24, 2019 | ||
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othcmp
Amended Complaint/Petition
Wed 04/24 11:03 AM
First AMENDED COMPLAINT against Defendant Hawaiian Isles Kona Coffee Company, LTD amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Michael DeArmey(Fisher, Lawrence) |
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| Thursday, April 18, 2019 | ||
| 24 | 24
2
pgs
order
Order ~Util - Set/Reset Hearings ~Util - Set/Reset Deadlines
Thu 04/18 10:16 AM
ORDER GRANTING STIPULATION TO CONTINUE RULE 26(f) SCHEDULING CONFERENCE AND RELATED DEADLINES23 by Judge James V. Seln. IT IS HEREBY ORDERED that: 1. The time for the parties to conduct to the Federal Rule of Civil Procedure 26(f) Conference of Parties is extended from April 22, 2019, to May 22, 2019; 2. The time for the parties to submit a Joint Rule 26(f) Report is extended from May 6, 2019, to June 5, 2019; and 3. The Rule 26(f) Scheduling Conference is moved from May 13, 2019, to June 12, 2019 at 10:00 a.m. (es) |
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| Wednesday, April 17, 2019 | ||
| 23 | 23
stip
Continue
Wed 04/17 11:51 AM
STIPULATION to Continue FRCP 26(f) from April 22, 2019 to May 22, 2019 Re: Initial Order Setting R26 Scheduling Conference - form only9 filed by Defendant Hawaiian Isles Kona Coffee Company, LTD.(Brecher, Aaron) |
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Att: 1
Proposed Order
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| 22 | 22
order
Appear Pro Hac Vice
Wed 04/17 11:25 AM
ORDER by Judge James V. Selna, GRANTING21 Non-Resident Attorney Jessica N. Walder APPLICATION to Appear Pro Hac Vice on behalf of Defendant - Hawaiian Isles Kona Coffee Company, Ltd., designating Albert H. Ebright as local counsel. (es) |
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| 21 | 21
motion
Appear Pro Hac Vice (G-64)
Wed 04/17 9:18 AM
Corrected APPLICATION of Non-Resident Attorney Jessica N. Walder to Appear Pro Hac Vice on behalf of Defendant Hawaiian Isles Kona Coffee Company, LTD (Pro Hac Vice Fee - $400.00 Previously Paid on 4/3/2019, Receipt No. 0973-23549911) filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. (Brecher, Aaron) |
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Att: 1
Proposed Order
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| Tuesday, April 16, 2019 | ||
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order
Response By Court to Notice of Deficiencies (G-112B) - optional html form
Tue 04/16 5:06 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,19 by Judge James V. Selna. The document is STRICKEN and counsel is ordered to file an amended or corrected document by April 19, 2019. (es) |
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| Monday, April 15, 2019 | ||
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notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Mon 04/15 5:51 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jessica N. Walder to Appear Pro Hac Vice on behalf of Defendant Hawaiian Isles Kona Coffee Company, LTD (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23549911)18 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). Application case number is incomplete. DJ and MJ initials missing. (lt) |
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| 18 | 18
motion
Appear Pro Hac Vice (G-64)
Mon 04/15 11:49 AM
APPLICATION of Non-Resident Attorney Jessica N. Walder to Appear Pro Hac Vice on behalf of Defendant Hawaiian Isles Kona Coffee Company, LTD (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23549911) filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. (Brecher, Aaron) |
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Att: 1
Proposed Order
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| Tuesday, April 09, 2019 | ||
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notice
Notice (Other)
Tue 04/09 11:30 AM
NOTICE of Interested Parties filed by Defendant Hawaiian Isles Kona Coffee Company, LTD. (Brecher, Aaron) |
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| 16 | 16
misc
Corporate Disclosure Statement
Tue 04/09 11:27 AM
CORPORATE DISCLOSURE STATEMENT of Defendant Hawaiian Isles Kona Coffee Company, Ltd. filed by Defendant Hawaiian Isles Kona Coffee Company, LTD identifying HIE Holdings, Inc. as Corporate Parent. (Brecher, Aaron) |
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| Monday, April 08, 2019 | ||
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notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Mon 04/08 2:22 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
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| Friday, April 05, 2019 | ||
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notice
Appearance
Fri 04/05 1:07 PM
NOTICE of Appearance filed by attorney Albert H Ebright on behalf of Defendant Hawaiian Isles Kona Coffee Company, LTD (Attorney Albert H Ebright added to party Hawaiian Isles Kona Coffee Company, LTD(pty:dft))(Ebright, Albert) |
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| 13 | 13
order
Extending Answer Due Deadline
Fri 04/05 10:28 AM
ORDER Granting Stipulation to Extend Time to Respond to Complaint12 , by Judge James V. Selna. IT IS HEREBY ORDERED that the time for Defendant Hawaiian Isles Kona Coffee Company, Ltd. to respond to the Complaint is extended to April 26, 2019. (es) |
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| Thursday, April 04, 2019 | ||
| 12 | 12
stip
Extending Time to Answer (30 days or less)
Thu 04/04 1:46 PM
Joint STIPULATION Extending Time to Answer the complaint as to Hawaiian Isles Kona Coffee Company, LTD answer now due 4/26/2019, filed by Defendant Hawaiian Isles Kona Coffee Company, LTD.(Brecher, Aaron) |
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Att: 1
Proposed Order
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| 11 | 11
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 04/04 1:38 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Paul Brecher counsel for Defendant Hawaiian Isles Kona Coffee Company, LTD. Adding Aaron P. Brecher as counsel of record for Hawaiian Isles Kona Coffee, Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant Hawaiian Isles Kona Coffee, Ltd.. (Attorney Aaron Paul Brecher added to party Hawaiian Isles Kona Coffee Company, LTD(pty:dft))(Brecher, Aaron) |
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| Wednesday, April 03, 2019 | ||
| 10 | 10
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 04/03 4:35 PM
PROOF OF SERVICE Executed by Plaintiff Michael DeArmey, upon Defendant Hawaiian Isles Kona Coffee Company, LTD served on 3/15/2019, answer due 4/5/2019. Service of the Summons and Complaint were executed upon Karen Erwin, Officer in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Fisher, Lawrence) |
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| Wednesday, March 13, 2019 | ||
| 9 | 9
order
Initial Order Setting R26 Scheduling Conference - form only
Wed 03/13 9:44 AM
Order Setting Rule 26(f) Scheduling Conference set for 5/13/2019 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 5/06/2019. (lb) |
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| Thursday, March 07, 2019 | ||
| 8 | 8
order
Initial Order upon Filing of Complaint - form only
Thu 03/07 8:44 AM
INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
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| Wednesday, March 06, 2019 | ||
| 7 | 7
service
Summons Issued (Attorney Civil Case Opening)
Wed 03/06 4:49 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Hawaiian Isles Kona Coffee Company, LTD. (et) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 03/06 4:45 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Wed 03/06 4:45 PM
NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (et) |
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| Tuesday, March 05, 2019 | ||
| 4 | 4
notice
Summons Request
Tue 03/05 5:54 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Michael DeArmey. (Fisher, Lawrence) |
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| 3 | 3
notice
Certificate/Notice of Interested Parties
Tue 03/05 5:53 PM
NOTICE of Interested Parties filed by Plaintiff Michael DeArmey, (Fisher, Lawrence) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Tue 03/05 5:51 PM
CIVIL COVER SHEET filed by Plaintiff Michael DeArmey. (Fisher, Lawrence) |
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| 1 | 1
28
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cmp
Complaint (Attorney Civil Case Opening)
Tue 03/05 5:50 PM
COMPLAINT Receipt No: 0973-23323768 - Fee: $400, filed by Plaintiff Michael DeArmey. (Attorney Lawrence Timothy Fisher added to party Michael DeArmey(pty:pla))(Fisher, Lawrence) |
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