Case: United States v. Kailua Village Condominium Association

United States of America v. Kailua Village Condominium

United States of America v. Kailua Village Condominium

United States of America v. Kailua Village Condominium

United States of America v. Kailua Village Condominium

COMPLAINT against Kailua Village Condominium Association, filed by United States of America.(Barbata, Dana) (Entered: 08/19/2024)

NOTICE of Case Assignment: Please reflect Civil case number CV 24-00353 MWJS-WRP on all further pleadings. (eta) (Entered: 08/19/2024)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/16/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/19/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 08/19/2024)

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 08/19/2024)

Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) (Entered: 08/19/2024)

Request for Entry of Default by United States of America. (Attachments: # 1 Declaration Dana A. Barbata, # 2 Exhibit "1")(Barbata, Dana) (Entered: 10/10/2024)

** Clerk's Entry of Default has been set aside, see Stipulation and Order, ECF 16 [Docket Text Only, No PDF attached] Clerk's ENTRY OF DEFAULT as to Jacqueline J. Frame, and Kona Now LLC, dba Kona Now Realty and Kona Now Hawaii Island Rentals pursuant to ECF No. 13 Plaintiff United States of America's Request for Entry of Default. (jni) Modified on 10/18/2024 (jni) (Entered: 10/10/2024)

Clerks Entry of Default

CONSENT DECREE - Signed by JUDGE MICAH W.J. SMITH on 10/11/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(jni) (Entered: 10/11/2024)

COURT'S CERTIFICATE of Service - a copy of 14 Clerk's Entry of Default, and 15 Consent Judgment shall be served by First Class Mail to Jacqueline J. Frame, 78-7070 Ali'i Dr., Apt. C103, Kailua-Kona, HI 96740 and to Kona Now LLC, dba Kona Now Realty, and Kona Now Hawaii Island Rentals, 75-5870 Kahakai Road, Kailua-Kona, HI 96740-1399, the addresses of record on the Summons Returned Executed, ECF Nos. 11, 12 on 10/11/2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)

STIPULATION TO SET ASIDE ENTRY OF DEFAULT [DKT. 14] AGAINST DEFENDANTS JACQUELINE J. FRAME; KONA NOW LLC, DBA KONA NOW REALTY AND KONA NOW HAWAII ISLAND RENTALS; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/18/2024. Defendants shall file an answer to the Complaint [Dkt. 1] within seven (7) days after entry of the Court's Order on this stipulation.(jni) (Entered: 10/18/2024)

EO: Based on Stipulation to Set Aside Entry of Default [Dkt. 14] Against Defendants Jacqueline J. Frame; Kona Now LLC, dba Kona Now Realty and Kona Now Hawaii Island Rentals, ECF No. 16, the Court DIRECTS the Clerk's Office to reopen this case.A Telephonic Rule 16 Scheduling Conference is set for 12/3/2024 at 8:30 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)(wrp1) (Entered: 10/18/2024)

NOTICE of Appearance by Tracy Weinstein on behalf of United States of America on behalf of United States of America. (Weinstein, Tracy) (Entered: 10/24/2024)

Request for Entry of Default by United States of America. (Attachments: # 1 Declaration of Dana A. Barbata)(Barbata, Dana) (Entered: 10/30/2024)

SUPPLEMENT re 19 Request for Entry of Default filed by United States of America by United States of America Supplemental Exhibit 1 Regarding Plaintiff United States of Americas Renewed Request for Entry of Default Against Defendants Jacqueline J. Frame, Kona Now LLC DBA Kona Now Realty and Kona Now Hawaii Island Rentals [ECF No. 19]; COS. (Attachments: # 1 Exhibit 1)(Barbata, Dana) (Entered: 10/30/2024)

RESPONSE TO PLAINTIFF'S SECOND REQUEST FOR ENTRY OF DEFAULT filed by Jacqueline J. Frame, Kona Now LLC. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service)(Wack, Shannon) (Entered: 10/31/2024)

EO: On 10/30/2024, Plaintiff filed a Second Request for Entry of Default Against Defendants Jacqueline J. Frame, Kona Now LLC DBA Kona Now Realty and Kona Now Hawaii Island Rentals, ECF Nos. 19, 20 . On 10/31/2024, Defendants Jacqueline J. Frame, Kona Now LLC DBA Kona Now Realty and Kona Now Hawaii Island Rentals filed a Response indicating that there had been a miscommunication, and that Defendants have been actively engaged in discussions with Plaintiff's counsel in defense of this matter. See ECF No. 21 . Based on the information before the Court, entry of default against Defendants Jacqueline J. Frame, Kona Now LLC DBA Kona Now Realty and Kona Now Hawaii Island Rentals is not appropriate. Defendants Jacqueline J. Frame, Kona Now LLC DBA Kona Now Realty and Kona Now Hawaii Island Rentals shall file a response to the Complaint no later than 11/8/2024. (MAGISTRATE JUDGE WES REBER PORTER)(wrp2)

INITIAL DISCLOSURE by Jacqueline J. Frame, Kona Now LLC. (Attachments: # 1 Certificate of Service)(Wack, Shannon) (Entered: 11/04/2024)

DEFENDANTS ANSWER to Complaint by Jacqueline J. Frame, Kona Now LLC. (Attachments: # 1 Certificate of Service)(Wack, Shannon) (Entered: 11/05/2024)

Scheduling Conference Statement ; Certificate of Service. (Attachments: # 1 Certificate of Service)(Wack, Shannon) (Entered: 11/12/2024)

INITIAL DISCLOSURE by Jacqueline J. Frame, Kona Now LLC. (Attachments: # 1 Certificate of Service)(Wack, Shannon) (Entered: 11/12/2024)

REPORT of Planning Meeting Report of Parties Planning Meeting; COS. (Weinstein, Tracy) (Entered: 11/15/2024)

Scheduling Conference Statement Plaintiff United States of Americas Rule 16 Scheduling Conference Statement; COS. (Weinstein, Tracy) (Entered: 11/19/2024)

EP: RULE 16 SCHEDULING CONFERENCE hearing held.Tracy Weinstein appeared on behalf of Plaintiff.Shannon Wack appeared on behalf of Defendants Jacqueline J. Frame and Kona Now LLC, dab Kona Now Realty and Kona Now Hawaii Island Rentals.The Court held a Telephonic Rule 16 Scheduling Conference. Dates Given. A Rule 16 Scheduling Order to be issued.Jury Selection/Trial is set for 3/2/2026 at 9:00 AM in Aha Kaulike before DISTRICT JUDGE MICAH W.J. SMITH. Final Pretrial Conference is set for 2/17/2026 at 10:00 AM in Aha Kaulike before DISTRICT JUDGE MICAH W.J. SMITH. Telephonic Final Pretrial Conference is set for 1/20/2026 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference #2 is set for 11/6/2025 at 10:00 AM by Video Conference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 10/3/2025. Discovery due by 10/3/2025.Other Matters:An Early Settlement Conference is set for January 24, 2025 at 9:00 AM by VTC before Magistrate Judge Wes Reber Porter. The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by January 17, 2025.The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures.Telephonic hearings before Magistrate Judge Wes Reber Porter, will be held via Zoom Dial:1-833-568-8864/ Meeting ID:161 0084 2470. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.(adi) (Entered: 12/03/2024)

RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/3/2024. (adi) (Entered: 12/03/2024)

CERTIFICATE OF SERVICE by United States of America RE: PLAINTIFF UNITED STATES OF AMERICAS INITIAL DISCLOSURES (Weinstein, Tracy) (Entered: 12/19/2024)

EO: At the request of the parties, the Settlement Conference set for 1/24/2025 at 9:00 a.m. is VACATED. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 01/22/2025)

CONSENT DECREE AS TO DEFENDANTS JACQUELINE J. FRAME AND KONA NOW LLC, DBA KONA NOW HAWAII REALTY AND KONA NOW HAWAII ISLAND RENTALS - Signed by JUDGE MICAH W.J. SMITH on 1/29/2025. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(jni) (Entered: 01/29/2025)

STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO CLAIMS AGAINST JACQUELINE J. FRAME AND KONA NOW LLC, DBA KONA NOW HAWAII REALTY AND KONA NOW HAWAII ISLAND RENTALS by United States of America - Signed by JUDGE MICAH W.J. SMITH on 2/19/2025. (jni) (Entered: 02/19/2025)