Lui et al v. Trust, Ed Olson
CASE MANAGEMENT ORDER -- re CIV NO 11-00396 ACK-RLP and CIV NO 11-00614 ACK-RLP. Signed by JUDGE ALAN C KAY on 1/14/11. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
Edmund C. OLSON, Trustee of the )
Edmund C. Olson Trust No. 2, u/a)
dated August 21, 1985,
Abel LUI, et al.,
Civ. No. 11-00396 ACK-RLP
COUNTY OF HAWAI#I, a municipal
corporation of the State of
Abel LUI, et al.,
Civ. No. 11-00614 ACK-RLP
CASE MANAGEMENT ORDER
In light of the hearing that was held on October 13,
2011, the Court enters the following case management order.
I. Renumbering of Cases
This case involves two removed state-court actions, but
has heretofore been assigned only a single case number in this
Court, Civ. No. 11-00396 ACK-RLP.
That case is now divided into
two cases, reflecting the two state-court ejectment actions that
Defendants Abel Lui, et al., have removed to this Court.
case that was numbered 3RC11-1-195K in the state court (filed by
the Olson Trust) shall be numbered Civ. No. 11-00396 ACK-RLP in
The case that was numbered 3RC11-1-131K in the state
court (filed by the County of Hawai#i) shall be numbered Civ. No.
11-00614 ACK-RLP in this Court.
The Court will not require
Defendants to pay an additional filing fee for Civ. No. 11-00614
The Court will not consolidate the two cases with each
Nor will the Court consolidate the cases with Civ. No.
10-00691 ACK-RLP, as requested in the notice of removal.
three cases involve some different issues.
The cases shall be captioned, and the respective
parties referred to as Plaintiffs or Defendants, as they are
These captions are based on the complaints that were
filed in the state ejectment actions.
The Court recognizes that
the new caption does not fully describe what parties are
defendants in this matter.
There have been questions raised
about whether all of the defendants in the state-court actions
joined in the notice of removal filed in this Court, which listed
Abel Lui and Han Phua as plaintiffs, rather than defendants, and
described them as “The Heirs to the Family of Timoteo Keawe.”
setting the captioned Defendants in this case as “Abel LUI, et
al.,” the Court does not intend to foreclose any argument
concerning whether all defendants in the state-court ejectment
actions joined in the notice of removal.
If either of these
actions remain in this Court after the Court decides the pending
motions to remand, the Court will recaption the cases as
The Court deems all filings that have been made to date
in Civ. No. 11-00396 ACK-RLP as having been made as follows, on
the dates that they were originally filed:
All filings entered by the Court are deemed as having
been filed in both cases.
All filings entered by the Defendants are deemed as
having been filed in both cases.
All filings by non-party Shelley Stephens are deemed as
having been filed in both cases.1/
All filings by the Olson Trust are deemed as having
been filed in Civ. No. 11-00396 ACK-RLP.
All filings by the County of Hawai#i are deemed as
having been filed in Civ. No. 11-00614 ACK-RLP.
To the extent possible in the CM/ECF system, the clerk
shall populate the docket for Civ. No. 11-00614 ACK-RLP to
reflect the above division of filings.
The clerk need not delete
the County’s filings from the docket for Civ. No. 11-00396 ACK-
The Court has not yet resolved whether Stephens has
standing to file documents in these matters.
RLP, as doing so might affect the numbering of other documents
filed in that docket.
II. Hearing on Motions to Dismiss or, in the Alternative, Remand
The Olson Trust has filed a “Motion to Dismiss for
Improvident Removal and for Sanctions” and an “Amended Motion to
Dismiss for Improvident Removal and for Sanctions,” in Civ. No.
(ECF Nos. 18, 34.)
The County has filed a
“Memorandum in Opposition” to the motions for preliminary relief
that were before the Court at the October 13 hearing.
As agreed to by the parties at the hearing, the Court
construes each of the above three filings as containing a motion
to dismiss or, in the alternative, a motion to remand these
actions to state court.
The Court will hold a hearing on these
motions on October 25, 2011, at 10:00 a.m.
This hearing will
take place before the transaction concerning the land is set to
close on October 31.
Both the Olson Trust and the County assured
the Court at the October 13 hearing that no attempt to remove
Defendants from the land at issue will be made before the
If, after the hearing, the Court decides not to dismiss
or remand one or both of these actions, the Court will rule on
the pending motions for preliminary relief.
Defendants shall file any opposition to the motions by
October 20, 2011, at noon.
Defendants’ opposition to the Olson
Trust’s motions shall be filed in Civ. No. 11-00396 ACK-RLP.
Defendants’ opposition to the County’s motion shall be filed in
Civ. No. 11-00614 ACK-RLP.
The Olson Trust and the County shall file any reply in
support of their respective motions by October 24, 2011, at noon.
IT IS SO ORDERED.
Honolulu, Hawai#i, October 14, 2011.
Alan C. Kay
Sr. United States District Judge
Olson v. Lui, Civ. No. 11-00396 ACK-RLP; and County of Hawai#i v. Lui, Civ.
No. 11-00614 ACK-RLP: Case Management Order
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?