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Court Dockets
U.S. District Court
District of Hawaii (Hawaii)
CIVIL DOCKET FOR CASE #: 1:20-cv-00158-LEK-RT
District of Hawaii (Hawaii)
CIVIL DOCKET FOR CASE #: 1:20-cv-00158-LEK-RT
Souza v. Hawaiian Isles Kona Coffee Company, LTD.
DOCKET INFORMATION
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| Plaintiff |
Andrew Chung on behalf of himself and all others similarly situatedTERMINATED: 06/08/2020 Plaintiff
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| Representation | |||
| Marc G. Reich Reich Radcliffe & Hoover LLP 4675 MacArthur Court, Suite 550 Newport Beach, CA 92660 (949) 975-0512 Fax: (949) 975-0514 mgr@reichradcliffe.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Birney B. Bervar Bervar & Jones 1100 Alakea Street, 20th Floor Honolulu, HI 96813 550-4990 bbb@bervar-jones.com ATTORNEY TO BE NOTICED | ||
| Defendant |
Hawaiian Isles Kona Coffee Company, LTD.
Defendant
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| Representation | |||
| Karl K. Kobayashi Carlsmith Ball LLP Honolulu American Savings Bank Tower 1001 Bishop St Ste 2100 Honolulu, HI 96813 523-2500 Fax: 523-0842 kkobayashi@carlsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | William M. Harstad Carlsmith Ball LLP Honolulu American Savings Bank Tower 1001 Bishop St Ste 2100 Honolulu, HI 96813 523-2500 Fax: 523-0842 wharstad@carlsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Tina Miwako Tsuchiyama Carlsmith Ball LLP 1001 Bishop Street Suite 2100 Honolulu, HI 96813 (808) 523-2500 ttsuchiyama@carlsmith.com ATTORNEY TO BE NOTICED | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Apr 14, 2020 | View | Class Action COMPLAINT against Hawaiian Isles Kona Coffee Company, LTD. ( Filing fee $ 400 receipt number 0975-2358737.), filed by Andrew Chung. (Attachments: # 1 Civil Cover Sheet)(Bervar, Birney) Docket text modified on 4/22/2020 (emt, ). (Entered: 04/14/2020) |
| 2 | Apr 14, 2020 | Request | Summons (Proposed) (Bervar, Birney) (Entered: 04/14/2020) |
| 3 | Apr 14, 2020 | Request | NOTICE of Case Assignment: Please reflect Civil case number CV 20-00158 JMS-RT on all further pleadings. (jni) (Entered: 04/14/2020) |
| 4 | Apr 14, 2020 | Request | Order Setting Rule 16 Scheduling Conference is set for 09:00 AM on 6/15/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2020. (Attachments: # 1 Memo Re: Corporate Disclosure Statements) 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.(jni) (Entered: 04/14/2020) |
| 5 | Apr 14, 2020 | Request | CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 Waiver of the Service of Summons)(jni) (Entered: 04/14/2020) |
| 6 | Apr 14, 2020 | Request | Summons Issued as to Hawaiian Isles Kona Coffee Company, LTD. (jni) (Entered: 04/14/2020) |
| 7 | Apr 14, 2020 | Request | ORDER OF RECUSAL - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2020. CHIEF JUDGE J. MICHAEL SEABRIGHT recused. Case reassigned to JUDGE ALAN C. KAY for all further proceedings. Please reflect new case number CV 20-00158 ACK-RT on all further filings. (jo) (Entered: 04/14/2020) |
| 8 | Apr 20, 2020 | Request | ORDER OF RECUSAL - Signed by JUDGE ALAN C. KAY on 4/20/2020. JUDGE ALAN C. KAY recused. Case reassigned to JUDGE LESLIE E. KOBAYASHI for all further proceedings. Please reflect new case number CV 20-00158 LEK-RT on all further filings. (jni) (Entered: 04/20/2020) |
| 9 | Apr 22, 2020 | Request | MOTION for Pro Hac Vice as to Marc G. Reich, Esq. Filing fee $ 300, receipt number 0975-2361958.Birney B. Bervar appearing for Plaintiff Andrew Chung (Attachments: # 1 Declaration of Counsel )(Bervar, Birney) Docket text modified on 4/23/2020 (emt, ). (Entered: 04/22/2020) |
| 10 | Apr 22, 2020 | Request | ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MARC G. REICH re 9 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/22/2020. (emt, ) (Entered: 04/22/2020) |
| 11 | Jun 8, 2020 | Request | FIRST AMENDED CLASS ACTION COMPLAINT against Hawaiian Isles Kona Coffee Company, LTD., filed by Herb Souza.(Bervar, Birney) Docket text modified on 6/9/2020 (emt, ). (Entered: 06/08/2020) |
| 12 | Jun 10, 2020 | Request | EO: Pursuant to the request of Mr. Bervar, the Rule 16 Scheduling Conference previously set for 06/15/2020 at 9:00 a.m. is continued to 08/13/2020 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER. In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on June 1, 2020, this conference/hearing before Magistrate Judge Trader will be conducted by telephone. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standby."5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/10/2020) |
| 13 | Aug 3, 2020 | Request | STIPULATION TO EXTEND THE DEADLINE FOR DEFENDANT TO FILE AND SERVE RESPONSIVE PLEADING OR MOTION; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 8/3/2020. ( Hawaiian Isles Kona Coffee Company, LTD. answer due 8/26/2020.) (emt, ) (Entered: 08/03/2020) |
| 14 | Aug 4, 2020 | Request | EO: Pursuant to the request of counsel, the Rule 16 Scheduling Conference previously set for 08/13/2020 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER is continued to 9:00 a.m. on 9/28/2020. Scheduling Conference Statements to be filed by 09/21/2020. In accordance with the July 28, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic , issued on July 28, 2020, this hearing will be held telephonically.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:1. Dial 1-888-363-4735. 2. Enter Access Code (2070326) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as host press star (*) otherwise press pound (#). 4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 08/04/2020) |
| 15 | Aug 20, 2020 | Request | STIPULATION TO FURTHER EXTEND THE DEADLINE FOR DEFENDANT TO FILE AND SERVE RESPONSIVE PLEADING OR MOTION; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 8/20/2020. Hawaiian Isles Kona Coffee Company, LTD. answer due 9/25/2020. (emt, ) (Entered: 08/20/2020) |
| 16 | Sep 24, 2020 | Request | THIRD STIPULATION TO FURTHER EXTEND THE DEADLINE FOR DEFENDANT TO FILE AND SERVE RESPONSIVE PLEADING OR MOTION; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 9/24/2020. (Hawaiian Isles Kona Coffee Company, LTD. answer due 10/9/2020.) (emt, ) (Entered: 09/24/2020) |
| 17 | Sep 24, 2020 | Request | EO: Court CONTINUES Rule 16 Scheduling Conference previously set for 09/28/2020 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER to 9:00 a.m. on 10/29/2020.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:1. Dial 1-888-363-4735. 2. Enter Access Code (2070326). (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 09/24/2020) |
| 18 | Oct 9, 2020 | Request | MOTION to Dismiss Defendant Hawaiian Isles Kona Coffee Company Ltd.'s Motion to Dismiss Plaintiff's First Amended Complaint, Filed June 8, 2020 [ECF No. 11] William M. Harstad appearing for Defendant Hawaiian Isles Kona Coffee Company, LTD. (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Counsel, # 3 Exhibit 1 - 2019.03.01 Bond and Morris v. Costco et al - Class Action Complaint, # 4 Exhibit 2 - 2019.02.27 Corker et al v. Costco et al Class Action Complaint, # 5 Exhibit 3 - 2019.05.21 #81 Corker First Amended Complaint, # 6 Exhibit 4 - Bond - Dkt. 68 - Notice of Voluntary Dismissal, # 7 Exhibit 5 - DeArmey 2019.03.05 (1) Class Action Complaint; Jury Trial Demanded, # 8 Exhibit 6 - 2019.04.24 #25 Dearmey First Amended Class Action Complaint, # 9 Exhibit 7 - 2019.08.21 #49 Dearmey Notice of Voluntary Dismissal without Prejudice Pursuant to FRCP 41(a)(1)(A)(i), # 10 Exhibit 8 - Corker - Dkt. 257 - Cameron's Coffee, Gold Coffee and Kroger's Motion to Compel, # 11 Exhibit 9 - Corker - Dkt. 289 - Reply to Cameron's Coffee, Gold Coffee and Kroger's Motion to Compel, # 12 Exhibit 10 - Corker - Dkt. 341 - Order on Motion to Compel, # 13 Exhibit 11 - Corker - Dkt. 284 - Opp Mtn Compel, # 14 Certificate of Service)(Harstad, William) (Entered: 10/09/2020) |
| 19 | Oct 14, 2020 | Request | EO: At the Direction of Judge Kobayashi a Video Status Conference is set regarding Defense Motion to Dismiss for 10/30/2020 at 11:00 AM before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 10/14/2020) |
| 20 | Oct 22, 2020 | Request | Scheduling Conference Statement Final Plaintiff's Scheduling Conference Statement. (Bervar, Birney) (Entered: 10/22/2020) |
| 21 | Oct 22, 2020 | Request | Scheduling Conference Statement Defendant Hawaiian Isles Kona Coffee Company, Ltd.'s Rule 16 Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Harstad, William) (Entered: 10/22/2020) |
| 22 | Oct 29, 2020 | Request | EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE held.Discussion had. In this putative class action, the parties agree staging of discovery is necessary and appropriate for the efficient and cost-effective determination of the issues. Court directs that discovery proceed in two phases. Phase 1 discovery relating to class certification to proceed first, to be followed by Phase 2 discovery as to the merits after the Court has ruled on class certification. Furthermore, given the nature and extent of discovery and contemplated motions practice within the context of the current public health crisis, the Court finds it appropriate to tailor the trial setting and deadlines in keeping with these considerations. Confidential Telephone Conference set for 2/2/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Rule 16 Scheduling Order to issue.Dates given: Jury Selection/Trial is set for 3/14/2022 at 09:00 AM before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 2/8/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 12/14/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference Statements filed by 12/7/2021. Confidential Telephone Conference is set for 2/2/2021 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motion to Certify Class:1. Motion by 4/15/20212. Opposition/response by May 3, 20213. Reply by May 17, 2021All other Dispositive Motions filed by 10/15/2021. Phase I Discovery (class certification) due by 4/1/2021. Phase II Discovery (merits) due by 1/3/2022. (ATT / 9:00 - 9:15 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 10/29/2020) |
| 23 | Oct 30, 2020 | Request | RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 10/30/2020. (emt, ) (Entered: 10/30/2020) |
| 24 | Oct 30, 2020 | Request | EP: Status hearing as to Defense Motion to Dismiss (Dkt. 18 ) held by video conference. Court sets the following Motion hearing and briefing schedule:Motion Hearing is set for 12/18/2020 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Opposition memorandum due: 11/27/2020.Reply Memorandum due: 12/4/2020.(Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 10/30/2020) |
| 25 | Nov 25, 2020 | View | MEMORANDUM in Opposition to 18 Defendant Hawaiian Isles Kona Coffee Company Ltd's Motion to Dismiss Plaintiff's First Amended Complaint, Filed June 8, 2020 [ECF No. 11] filed by Herb Souza. (Bervar, Birney) Modified on 11/29/2020 (emt, ). (Entered: 11/25/2020) |
| 26 | Dec 4, 2020 | Request | REPLY to Response to Motion re 18 MOTION to Dismiss Defendant Hawaiian Isles Kona Coffee Company Ltd.'s Motion to Dismiss Plaintiff's First Amended Complaint, Filed June 8, 2020 [ECF No. 11] filed by Hawaiian Isles Kona Coffee Company, LTD.. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Service)(Harstad, William) (Entered: 12/04/2020) |
| 27 | Dec 15, 2020 | Request | EO: At the Direction of Judge Leslie E. Kobayashi, the Motion hearing scheduled for Friday 12/18/2020 will be held by video teleconference. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 12/15/2020) |
| 28 | Dec 18, 2020 | Request | EP: Plaintif's 18 MOTION to Dismiss held by video teleconference (VTC).Parties present by video teleconference.Arguments heard. Motion taken under submission.Court will file it's Order by the end of January 2021 or a summary of it's decision if a full order is not available.If the parties wish to file a motion for reconsideration, they must wait until the written order is filed to do so. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 12/18/2020) |
| 29 | Jan 26, 2021 | Request | EO: COURT ORDER RULING ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, FILED JUNE 8, 2020 [ECF NO. 11].The parties are hereby informed that the Motion is GRANTED IN PART AND DENIED IN PART.... A written order will follow that will supersede these rulings. If any party wishes to file a motion for reconsideration, the party must wait until the written order is filed to do so. The written order will also include: a deadline for the filing of a second amended complaint; and instructions regarding whether and, if so, when Defendant must file an answer to the remaining portions of the Amended Complaint. No pleadings shall be filed until after the written order is issued. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 01/26/2021) |
| 30 | Jan 28, 2021 | Request | EO: Dial-in instructions for the Confidential Telephone Conference set for 2/2/2021 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 01/28/2021) |
| 31 | Jan 29, 2021 | Request | EX PARTE Motion to Amend Scheduling Order Marc G. Reich appearing for Plaintiff Herb Souza (Attachments: # 1 Declaration of L. Timothy Fischer )(Reich, Marc) Modified on 2/2/2021 (emt, ). (Entered: 01/29/2021) |
| 32 | Jan 29, 2021 | Request | EO: Plaintiff Herb Souza filed an Ex Parte Motion to Amend Scheduling Order ("Ex Parte Motion") on 1/29/21 [ECF 31 ]. In light of the pending Ex Parte Motion and the current deadlines set forth by the Rule 16 Scheduling Order [ECF 23 ], the Court holds Plaintiff's Ex Parte Motion and expert witness disclosures (class certification) deadline of 2/1/21 in abeyance until the telephone conference scheduled for 2/2/21 at 9:30 a.m. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 01/29/2021) |
| 33 | Feb 3, 2021 | Request | EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had regarding ECF 29 District Judge Kobayashis 1/26/2021 EO: Court Order Ruling on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint, Filed June 8, 2020 and ECF 31 Plaintiff's Ex Parte Motion to Amend Scheduling Order ("Ex Parte Motion"). Given that Plaintiffs will file an amended complaint consistent with Judge Kobayashi's ruling, Defendants' anticipated motion to dismiss in response and impact on current deadlines, the parties jointly request adjustment to trial date and deadlines.Parties report settlement discussions ongoing. Formal settlement proposal under consideration.Based upon the parties' agreement and the Court's finding of good cause, the Court CONTINUES trial from 03/14/2022 to 07/18/2022 before District Judge Kobayashi. All unexpired deadlines adjusted consistent with the new trial date. All expired deadlines to remain closed. Plaintiff's 31 Ex Parte Motion is deemed WITHDRAWN. Confidential Telephone Conference set for 5/21/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Amended Rule 16 Scheduling Order to issue.Dates given: Jury Selection/Trial is set for 7/18/2022 at 09:00 AM before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 6/14/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 4/18/2022 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER.Confidential Settlement Conference statements due by 4/11/2022 to Trader_Orders@hid.uscourts.gov Confidential Telephone Conference is set for 5/21/2021 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 2/15/2022. Discovery due by 5/3/2022. (ATT / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 02/03/2021) |
| 34 | Feb 3, 2021 | Request | FIRST AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 2/3/2021. (emt, ) (Entered: 02/03/2021) |
| 35 | Feb 22, 2021 | View | EO: COURT ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, FILED JUNE 8, 2020 [ECF NO. 11 ] On October 9, 2020, Defendant Hawaiian Isles Kona Coffee Company, Ltd. ("Defendant") filed its Motion to Dismiss Plaintiff's First Amended Complaint, Filed June 8, 2020 [ECF No. 11 ] ("Motion"). [Dkt. no. 18 .] On January 26, 2021, an entering order was issued informing the parties that the Motion was granted in part and denied in part ("EO Ruling"). [Dkt. no. 29 .] The EO Ruling is HEREBY ADOPTED as this Court's order on the Motion. All of the claims in Plaintiff Herb Souza's ("Plaintiff") First Amended Class Action Complaint ("Amended Complaint"), [filed 6/8/20 (dkt. no. 11 ),] are DISMISSED WITHOUT PREJUDICE, except for the portions of Plaintiff's claim under the California Unfair Competition Law ("UCL"), Cal. Bus. & Prof. Code § 17200, asserting an unlawful act/practice or an unfair act/practice.Plaintiff is GRANTED leave to file a second amended complaint by March 24, 2021. Defendant's answer to the second amended complaint will be due in the normal course.If Plaintiff elects not to file a second amended complaint, this case will proceed on only the portions of Plaintiffs UCL claim asserting an unlawful act/practice or an unfair act/practice. In that event, Defendant is ORDERED to file its answer to the remaining portions of the Amended Complaint by April 10, 2021. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 02/22/2021) |
| 36 | Mar 24, 2021 | Request | Second AMENDED COMPLAINT Class Action against Hawaiian Isles Kona Coffee Company, LTD., filed by Herb Souza.(Reich, Marc) (Entered: 03/24/2021) |
| 37 | Mar 30, 2021 | Request | STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES; ORDER by Herb Souza - Signed by JUDGE LESLIE E. KOBAYASHI on 3/30/2021. (emt, ) (Entered: 03/30/2021) |