Lake v. Ohana Military Communities, LLC

Filing 131

ORDER TO SHOW CAUSE - Signed by JUDGE LESLIE E. KOBAYASHI on 4/2/2019. Plaintiffs are ORDERED to file their response to this Order to Show Cause by April 12, 2019. Show Cause Response due by 4/12/2019. (emt, )

UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII

KENNETH LAKE, CRYSTAL LAKE,
HAROLD BEAN, MELINDA BEAN, KYLE
PAHONA, ESTEL PAHONA, TIMOTHY
MOSELEY, ASHLEY MOSELEY, RYAN
WILSON, and HEATHER WILSON,

CIV. NO. 16-00555 LEK

Plaintiffs,
vs.
OHANA MILITARY COMMUNITIES, LLC,
FOREST CITY RESIDENTIAL
MANAGEMENT, INC., DOE
DEFENDANTS 1-10,
Defendants.

ORDER TO SHOW CAUSE
On March 22, 2019, Plaintiffs Kenneth Lake,
Crystal Lake, Harold Bean, Melinda Bean, Kyle Pahona,
Estel Pahona, Timothy Moseley, Ashley Moseley, Ryan Wilson, and
Heather Wilson (“Plaintiffs”) filed their Motion for Class
Certification (“Motion”).

[Dkt. no. 127.]

The Motion is

currently scheduled for hearing on May 17, 2019, at 9:45 a.m.
The Court HEREBY ORDERS Plaintiffs to show cause why
the Motion should not be denied because Plaintiff’s operative
pleading, the First Amended Complaint, [filed 9/20/17 (dkt.
no. 75),] did not provide either Defendants Ohana Military
Communities, LLC and Forest City Residential Management, LLC

(“Defendants”) or this Court with notice that Plaintiffs
intended to pursue the instant case as a class action.

Even if

this Court construed the Motion as a motion for leave to amend
the First Amended Complaint,1 the Motion does not address the
applicable standards governing the amendment of a complaint.
See, e.g., Gilliam v. Glassett, CIVIL NO. 18-00317 SOM/RLP, 2019
WL 475008, at *1 (D. Hawai`i Feb. 6, 2019) (“In determining
whether to allow amendment of a complaint, courts consider
factors such as: whether the amendment will cause undue delay;
whether the movant has demonstrated bad faith or a dilatory
motive; whether the amendment will unduly prejudice the opposing
party; whether amendment is futile; and whether the movant has
repeatedly failed to cure deficiencies.” (citing Foman v. Davis,
371 U.S. 178, 182 (1962))).

In particular, Plaintiffs must

address whether allowing them to amend the First Amended
Complaint to add class allegations would unduly delay this case
and whether Plaintiffs’ failure to propose a class action until
seven months before trial demonstrates “bad faith or dilatory
motive.”

See id.
Plaintiffs are ORDERED to file their response to this

Order to Show Cause by April 12, 2019.

1

Plaintiffs’ response

Plaintiffs filed the Motion on the deadline to file
motions to add parties and amend pleadings. See Amended Rule 16
Scheduling Order, filed 9/13/18 (dkt. no. 106), at ¶ 5.
2

shall not exceed seven pages and must comply with the
requirements of Local Rule 10.2.

Plaintiffs are CAUTIONED that,

if their response fails to address the issues identified in this
Order to Show Cause, the Motion will be summarily denied.
Unless this Court orders otherwise, the hearing on the
Motion will proceed as scheduled on May 17, 2019, at 9:45 a.m.
Defendants’ memorandum in opposition will remain due by
April 26, 2019.

The memorandum in opposition must address both

Plaintiffs’ Motion and Plaintiffs’ response to this Order to
Show Cause.

Unless this Court orders otherwise, Plaintiffs’

optional reply in support of the Motion will remain due by
May 3, 2019.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAI`I, April 2, 2019.

KENNETH LAKE, ET AL. VS. OHANA MILITARY COMMUNITIES, LLC, ET AL;
CV 16-00555 LEK-KJM; ORDER TO SHOW CAUSE

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