In Re: Lahaina Wildfire Litigation
| Hawaii District Court | |
| Judge: | Jill A Otake |
| Referred: | Barry M Kurren |
| Case #: | 1:24-cv-00259 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | Jun 18, 2024 |
| Last checked: Saturday Aug 03, 2024 12:25 AM HST |
|
Defendant
Spectrum Oceanic, LLC
|
Represented By
|
|
Defendant
JV Enterprises, LLC
|
Represented By
|
|
Defendant
Kauaula Land Company LLC
|
Represented By
|
|
Defendant
Makila Land Co., LLC
|
Represented By
|
|
Defendant
Makila Ranches Homeowners Association, Inc.
|
Represented By
|
|
Defendant
Makila Ranches Inc.
|
Represented By
|
|
Defendant
Peter Klint Martin
|
Represented By
|
|
Defendant
James C. Riley Trust
|
Represented By
|
|
Defendant
Jeanne A. Riley Trust
|
Represented By
|
|
Defendant
Kipa Centennial, LLC
|
Represented By
|
|
Defendant
Trustees of The Estate of Bernice Pauahi Bishop
|
Represented By
|
|
Defendant
Wainee Land & Homes, LLC
|
Represented By
|
|
Defendant
West Maui Land Company, Inc.
|
Represented By
|
|
Defendant
Hawaiian Electric Company, Inc.
|
Represented By
|
|
Defendant
Hawaiian Telcom Communications, Inc.
|
|
|
Defendant
Hawaiian Telcom Federal, LLC
|
|
|
Defendant
Maui Electric Company, Limited
|
Represented By
|
|
Defendant
Peter Klint Martin Revocable Trust
|
Represented By
|
|
Defendant
Hope Builders Inc.
|
Represented By
|
|
Defendant
Hope Builders Holding LLC
|
Represented By
|
|
Defendant
Hope Builders LLC
|
Represented By
|
|
Defendant
County of Maui
|
Represented By
|
|
Defendant
Doe Defendants 1-10
|
|
|
Defendant
Hawaiian Telecommunications, Inc.
|
Represented By
|
|
Defendant
Hawaiian Telcom, Inc.
|
Represented By
|
|
Defendant
Hawaiian Telcom
|
Represented By
|
|
Defendant
Hawaii Electric Light Company, Inc.
|
Represented By
|
|
Defendant
Hawaiian Electric Industries, Inc.
|
Represented By
|
|
Plaintiff
Chardell Naki
|
Represented By
|
|
Plaintiff
Barrett Procell
|
Represented By
|
|
Plaintiff
Jennifer Lynn McNamee
|
Represented By
|
|
Plaintiff
Maui Concierge Aesthetics, LLC
|
Represented By
|
|
Plaintiff
Peter Faust
|
Represented By
|
|
Plaintiff
Candace Faust
|
Represented By
|
|
Plaintiff
Rede S. Eder
|
Represented By
|
|
Plaintiff
Monica I. Eder
|
Represented By
|
|
Plaintiff
Rolland Williams, Jr.
|
Represented By
|
|
Plaintiff
David Heymes
|
Represented By
|
|
Plaintiff
Kathryn Llamas
|
Represented By
|
|
Plaintiff
Lani Chadli
|
Represented By
|
|
Plaintiff
Nova Burnes
|
Represented By
|
| Docket last updated: 09/30/2024 11:59 PM HST |
| Monday, September 30, 2024 | ||
| 26 | 26
minutes
2 - Set Hearings
Mon 09/30 2:14 PM
EO: Due to a conflict with the Court's schedule, the Status Conference set for 2/12/2025 is CONTINUED to 2/18/2025 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
|
| Friday, September 27, 2024 | ||
| 25 | 25
notice
Notice of Case Reassignment
Fri 09/27 5:58 PM
NOTICE of Case Reassignment: Please reflect new Civil case number CV 24-00259 JAO-WRP on all further pleadings . (eta) |
|
| 24 | 24
1
pgs
order
Order of Recusal
Fri 09/27 5:47 PM
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE BARRY M. KURREN on 9/27/2024. (eta) |
|
| 23 | 23
notice
Notice of Hearing on Motion
Fri 09/27 2:41 PM
NOTICE of Hearing on Motion21 Subrogation Plaintiffs' Motion to Intervene is SET for 10/29/2024 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Opposition is due 10/10/2024, Reply is due 10/17/2024. In addition, the hearing on16 Consolidated Class Plaintiffs' Motion for Appointment of Class Counsel Under Rule 23(g) is CONTINUED from 10/11/2024 to 10/29/2024 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. The Court DIRECTS Plaintiffs to provide notice of this new hearing date to Plaintiffs' counsel in Stover, et al. v. County of Maui, et al. , CV No. 24-00307 JAO-BMK. (shm) |
|
| 22 | 22
misc
Declaration
Fri 09/27 11:56 AM
Amended Declaration re21 MOTION to Intervene Declaration of Vincent G. Raboteau . (Raboteau, Vincent) |
|
|
misc
Incomplete Filing
Fri 09/27 11:21 AM
ADVISORY ENTRY . Incomplete Filing - Please be advised that the Declaration of Vincent G. Raboteau submitted in support of21 MOTION to Intervene, appears to be incomplete (signature page is not included). The filing party may resubmit the declaration, in its entirety. For e-filing purposes , select the filing event "Declaration" from the "Other Documents" category. When prompted, please "link" the refiled declaration to the Motion to Interevene, ECF No.21 . (eta) |
||
| Thursday, September 26, 2024 | ||
| 21 | 21
motion
Intervene
Thu 09/26 11:15 PM
MOTION to Intervene Vincent G. Raboteau, II appearing for Intervenor AMGUARD INSURANCE COMPANY(Raboteau, Vincent) |
|
|
Att: 1
Memorandum MEMORANDUM IN SUPPORT OF MOTION,
|
||
|
Att: 2
Declaration of Normand R. Lezy,
|
||
|
Att: 3
Declaration of Vincent R. Raboteau,
|
||
|
Att: 4
Exhibit 1,
|
||
|
Att: 5
Exhibit 2,
|
||
|
Att: 6
Exhibit 3,
|
||
|
Att: 7
Exhibit 4,
|
||
|
Att: 8
Exhibit 5,
|
||
|
Att: 9
Exhibit 6,
|
||
|
Att: 10
Exhibit 7,
|
||
|
Att: 11
Certificate of Service
|
||
| 20 | 20
respm
Statement of No Opposition
Thu 09/26 12:08 PM
STATEMENT of No Opposition re16 MOTION to Certify Class Motion for Appointment of Class Counsel under Rule 23(g) (Defendants Joint Statement of No Opposition to Consolidated Class Plaintiffs Motion for Appointment of Class Counsel Under Rule 23(g) [Dkt. 16]) filed by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc., Hawaiian Electric Industries, Inc., Maui Electric Company, Limited. (Whattoff, Randall) |
|
| Friday, September 13, 2024 | ||
| 19 | 19
notice
Notice of Hearing on Motion
Fri 09/13 9:11 AM
NOTICE of Hearing on Motion16 Consolidated Class PLaintiffs' Motion for Appointment of Class Counsel Under Rule 23(g) is SET for 10/11/2024 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Opposition is due 9/26/2024, Reply is due 10/3/2024. The Court DIRECTS Plaintiffs to provide notice of the hearing date and briefing deadlines to Plaintiffs' counsel in Stover, et al. v. County of Maui, et al. , CV No. 24-00307 JAO-BMK. (shm) |
|
| Thursday, September 12, 2024 | ||
| 18 | 18
respm
Statement
Thu 09/12 9:18 AM
STATEMENT re16 MOTION to Certify Class Motion for Appointment of Class Counsel under Rule 23(g) (Defendants Joint Position Statement Regarding Consolidated Class Plaintiffs Motion for Appointment of Class Counsel Under Rule 23(g) [Dkt. 16]) filed by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc., Hawaiian Electric Industries, Inc., Maui Electric Company, Limited. (Whattoff, Randall) |
|
| Tuesday, September 10, 2024 | ||
| 17 | 17
minutes
Link
Tue 09/10 12:30 PM
EO: With regard to16 Consolidated Class Plaintiffs' Motion for Appointment of Class Counsel under Rule 23(g) ("Motion"), the Court presumes Plaintiffs' position is that the Court may consider the Motion pursuant to paragraph 3(b) of the13 Joint Stipulation and Order to Stay All Proceedings. The Court DIRECTS Defendants to file a joint statement by 9/13/2024 stating their position on whether the Court may consider the Motion or whether Plaintiffs must first request to lift the stay. The Court will defer setting briefing on the Motion until after it receives Defendants' joint statement. (JUDGE JILL A. OTAKE)(shm) |
|
| Friday, September 06, 2024 | ||
| 16 | 16
33
pgs
motion
Certify Class
Fri 09/06 9:45 AM
MOTION to Certify Class Motion for Appointment of Class Counsel under Rule 23(g) Patrick Kyle Smith appearing for Plaintiffs Nova Burnes, Lani Chadli, Monica I. Eder, Rede S. Eder, Candace Faust, Peter Faust, David Heymes, Kathryn Llamas, Maui Concierge Aesthetics, LLC, Jennifer Lynn McNamee, Chardell Naki, Barrett Procell, Rolland Williams, Jr(Smith, Patrick) |
|
|
Att: 1
Declaration Declaration of Lexi Hazam,
|
||
|
Att: 2
Declaration Declaration of Trey Robertson,
|
||
|
Att: 3
Declaration Declaration of Graham LippSmith,
|
||
|
Att: 4
Declaration Declaration of Kyle Smith,
|
||
|
Att: 5
Declaration Declaration of Robert Curtis,
|
||
|
Att: 6
Declaration Declaration of Terry Revere,
|
||
|
Att: 7
Declaration Declaration of Rich Wilson,
|
||
|
Att: 8
Declaration Declaration of Ken Kasden,
|
||
|
Att: 9
Certificate of Service
|
||
| Monday, August 12, 2024 | ||
| 15 | 15
notice
Notice (Other)
Mon 08/12 2:23 PM
NOTICE by County of Maui of Withdrawal of Deborah J. Fox and Jenny L. Riggs as Counsel of Record for Defendant County of Maui County of Maui.(Minkin, David) |
|
|
Att: 1
Certificate of Service
|
||
| 14 | 14
notice
Notice (Other)
Mon 08/12 9:19 AM
NOTICE by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc., Hawaiian Electric Industries, Inc., Maui Electric Company, Limited (Letter re Notice of Collection of Poles 7B, 7C, and 2-25) Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc., Hawaiian Electric Industries, Inc., Maui Electric Company, Limited. (Whattoff, Randall) |
|
| Tuesday, August 06, 2024 | ||
| 13 | 13
8
pgs
order
Order Staying Case 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings 2 - Set Hearings
Tue 08/06 4:52 PM
JOINT STIPULATION AND ORDER TO STAY ALL PROCEEDINGS - Signed by JUDGE JILL A. OTAKE on 8/6/2024. The Court GRANTS IN PART the parties' stipulated request to stay this action as follows. The Court appreciates the parties' genuine efforts to reach resolution in this matter. Rather than impose an indefinite stay, the Court instead STAYS this action until February 12, 2025. The Rule 16 Scheduling Conference previously scheduled for August 15, 2024 is therefore VACATED. A Telephonic Status Conference is SET for February 12, 2025 at 8:30 a.m. before Magistrate Judge Barry M. Kurren. Parties are to participate via telephone through the Court's Zoom Teleconference. Call-in information is listed below. Parties must connect to the Status Conference at least five (5) minutes prior to the scheduled start time. Dial in number: 1-833-568-8864 Meeting ID: 160 9803 8578 At the February 12, 2025 Status Conference, the parties should be prepared to address whether the stay should be extended or lifted, or whether this matter should be dismissed, remanded, or administratively closed. Status Conference is set for 2/12/2025 08:30 AM by Telephone before MAGISTRATE JUDGE BARRY M. KURREN. (jni) |
|
| Monday, July 29, 2024 | ||
| 12 | 12
minutes
Link 2 - Set Hearings
Mon 07/29 12:49 PM
AMENDED 11 EO: The2 in-person Rule 16 Scheduling Conference IS CONVERTED TO A TELEPHONIC hearing for the same date and time of 08/15/2024 at 8:30 a.m. before MAGISTRATE JUDGE BARRY M. KURREN. Parties are to participate via telephone through the Court's Zoom Teleconference. Call-in information for this hearing is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number: 1-833-568-8864 Meeting ID: 160 9803 8578 (MAGISTRATE JUDGE BARRY M. KURREN)(bbb) |
|
| 11 | 11
minutes
Link 2 - Set Hearings 1 - Terminate Hearings
Mon 07/29 11:01 AM
EO: The2 in-person Rule 16 Scheduling Conference IS CONVERTED TO A TELEPHONIC STATUS CONFERENCE for the same date and time of 08/15/2024 at 8:30 a.m. before MAGISTRATE JUDGE BARRY M. KURREN. Parties are to participate via telephone through the Court's Zoom Teleconference . Call-in information for this hearing is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number: 1-833-568-8864 Meeting ID: 160 9803 8578 (MAGISTRATE JUDGE BARRY M. KURREN)(bbb) |
|
| Wednesday, July 10, 2024 | ||
| 10 | 10
service
Certificate of Service
Wed 07/10 9:56 AM
CERTIFICATE OF SERVICE by Hawaiian Telcom Federal, LLC re: Initial Disclosures (Lau, Alan) |
|
| 9 | 9
service
Certificate of Service
Wed 07/10 9:48 AM
CERTIFICATE OF SERVICE by Hawaiian Telcom Communications, Inc. re: Initial Disclosures (Lau, Alan) |
|
| 8 | 8
service
Certificate of Service
Wed 07/10 9:46 AM
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Initial Disclosures (Lau, Alan) |
|
| Tuesday, July 09, 2024 | ||
| 7 | 7
service
Certificate of Service
Tue 07/09 3:53 PM
CERTIFICATE OF SERVICE by Trustees of The Estate of Bernice Pauahi Bishop (Hanakahi, Wendy) |
|
| Wednesday, June 26, 2024 | ||
| 6 | 6
notice
Notice (Other)
Wed 06/26 2:17 PM
NOTICE by Trustees of The Estate of Bernice Pauahi Bishop Notice of Withdrawal of Michael L. Fazio as Pro Hac Vice Counsel for Defendants Eilliot Kawaihoolana Mills, Crystal Kauilani Rose, Jennifer Noelani Goodyear-Kaopua, Michelle Kauhane, Robert K.W.H. Nobriga, as Trustees of the Estate of Bernice Pauahi Bishop Trustees of The Estate of Bernice Pauahi Bishop. (Shimodoi, Nathan) |
|
| Tuesday, June 25, 2024 | ||
| 5 | 5
minutes
Link 2 - Set Hearings
Tue 06/25 6:44 AM
EO: At the June 13, 2024 Rule 16 Scheduling Conference, the Court (1) stated that all responses to the Amended Complaint are due on August 16, 2024, and (2) set a Further Rule 16 Scheduling Conference on August 16, 2024. See ECF No.2 . However, August 16, 2024 is a court holiday and the courthouse will be closed that day. Therefore, the Court ORDERS that all responses to the Amended Complaint are due on August 15, 2024. Additionally, the Further Rule 16 Scheduling Conference is ADVANCED from August 16, 2024 to August 15, 2024 at 8:30 a.m. before Magistrate Judge Barry M. Kurren in Courtroom 8. Each party may designate one counsel to appear in person at the Further Rule 16 Scheduling Conference. Other counsel may call into the Further Rule 16 Scheduling Conference to listen in on the hearing. Counsel calling in will not be participating in the hearing. Counsel may call into the hearing through the Court's Zoom Teleconference. Call-in information for this hearing is below. Parties must connect to the conference at least fifteen (15) minutes prior to the scheduled start time of the hearing. Dial in number: 1-833-568-8864 Access Code: 160 9803 8578 (MAGISTRATE JUDGE BARRY M. KURREN)(bbb) |
|
| Thursday, June 20, 2024 | ||
| 4 | 4
minutes
Link
Thu 06/20 8:48 AM
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(tl) |
|
| Wednesday, June 19, 2024 | ||
| 3 | 3
notice
Notice (Other)
Wed 06/19 4:56 PM
NOTICE by Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc. dba Hawaiian Electric, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited dba MECO (HECO Letter re Protocol Addendum) Hawaii Electric Light Company, Inc., Hawaiian Electric Company, Inc. dba Hawaiian Electric, Hawaiian Electric Industries, Inc., Maui Electric Company, Limited dba MECO. (Whattoff, Randall) |
|
| Tuesday, June 18, 2024 | ||
| 2 | 2
minutes
2 - Set Hearings
Tue 06/18 5:25 PM
EO: In re: EP: RULE 16 SCHEDULING CONFERENCE hearing held IN COURTROOM 8 recorded by Zoom Tele-Conference on 06/13/2024.The Court advised the parties of its inclination to open a new civil case (hereinafter, the New Civil Case) that will be titled "In Re: Lahaina Wildfire Litigation. The Court also allowed the parties an opportunity to object to the Courts inclination by June 17, 2024. No such objection has been raised. Therefore, the Court will proceed with opening the New Civil Case as discussed. A Further Rule 16 Scheduling Conference is set for 08/16/2024 at 8:30 a.m. before MAGISTRATE JUDGE BARRY M. KURREN. Each party may designate one counsel to appear in person at the Further Rule 16 Scheduling Conference. Other counsel may call into the Further Rule 16 Scheduling Conference to listen in on the hearing. Counsel calling in will not be participating in the hearing. Counsel may call into the hearing through the Court's Zoom Teleconference. Call-in information for this hearing is below. Parties must connect to the conference at least fifteen (15) minutes prior to the scheduled start time of the hearing. . ** Rule 16 Scheduling Conference is set for 08:30AM on 8/16/2024 before MAGISTRATE JUDGE BARRY M. KURREN. (MAGISTRATE JUDGE BARRY M. KURREN)(apg) |
|
| Tuesday, June 04, 2024 | ||
| 1 | 1
cmp
Complaint
Tue 06/18 5:13 PM
CONSOLIDATED COMPLAINT (CLASS ACTION) against All Defendants by Plaintiffs Nova Burnes; Maui Concierge Aesthetics, LLC; Lani Chadli, individually andas Trustee of the Aotaki Family Irrevocable Trust; Monica I. Eder; Rede S. Eder; Candace Faust;Peter Faust; David Heymes; Kathryn Llamas; Jennifer Lynn McNamee; Chardell Naki; Barret Procell; and Rolland Williams Jr., individually and on behalf of others similar situated filed on June 4, 2024.(apg) |
|