District of Hawaii (Hawaii) CIVIL DOCKET FOR CASE #: 1:11-cv-00722-JMS-KSC Hawaiian Art Network, LLC et al v. Aloha Plastic Surgery, LLC et al Assigned to: JUDGE J. MICHAEL SEABRIGHT Referred to: JUDGE KEVIN S.C. CHANG Cause: 17:101 Copyright Infringement Date Filed: 12/01/2011 Date Terminated: 12/10/2012 Jury Demand: Defendant Nature of Suit: 820 Copyright Jurisdiction: Federal Question Plaintiff Hawaiian Art Network, LLC represented by J. Stephen Street 134 Maono Place Honolulu, HI 96821 754-1647 Email: jsstreet@ip-law-hawaii.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki Kendall Building 888 Mililani Street, 8th Floor Honolulu, HI 96813 545-1122 Fax: 545-1711 Email: pmaki@makilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Vincent K. Tylor represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 1 of 13 8/20/2014 5:27 PM Aloha Plastic Surgery, LLC represented by Arthur F. Roeca Roeca Luria Hiraoka LLP Davies Pacific Center 841 Bishop St Ste 900 Honolulu, HI 96813 538-7500 Fax: 521-9648 Email: aroeca@rlhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED James Shin Roeca Luria Hiraoka LLP Davies Pacific Center 841 Bishop St Ste 900 Honolulu, HI 96813 538-7500 Email: jshin@rlhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodie D. Roeca Roeca Luria Hiraoka LLP Davies Pacific Center 841 Bishop St Ste 900 Honolulu, HI 96813 538-7500 Email: jroeca@rlhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Norman Koji Odani Roeca Luria Hiraoka LLP Davies Pacific Center 841 Bishop St Ste 900 Honolulu, HI 96813 (808) 538-7500 Fax: (808) 521-9648 Email: nodani@rlhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin M. Melchor Law Office of Robin Melchor 841 Bishop Street, Ste 800 Honolulu, HI 96813 523-1332 CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 2 of 13 8/20/2014 5:27 PM Email: melchorr@aloha.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Does 1-10 Defendant Jane Does 1-10 Defendant Doe Corporations 1-10 Defendant Doe Partnerships 1-10 Defendant Doe Associations 1-10 Defendant Michael Anthony Pasquale an individual represented by Arthur F. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Shin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodie D. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Norman Koji Odani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 3 of 13 8/20/2014 5:27 PM Aimiyo International, Ltd. an individual represented by Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Aloha Plastic Surgery, LLC represented by Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Counter Defendant Hawaiian Art Network, LLC represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Defendant Vincent K. Tylor represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Aloha Plastic Surgery, LLC represented by Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Counter Defendant Hawaiian Art Network, LLC represented by J. Stephen Street (See above for address) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 4 of 13 8/20/2014 5:27 PM LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Defendant Vincent K. Tylor represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Michael Anthony Pasquale an individual represented by Arthur F. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Shin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodie D. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Norman Koji Odani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 5 of 13 8/20/2014 5:27 PM Aloha Plastic Surgery, LLC represented by Arthur F. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Shin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodie D. Roeca (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Norman Koji Odani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin M. Melchor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Counter Defendant Hawaiian Art Network, LLC represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Defendant Vincent K. Tylor represented by J. Stephen Street (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Maki (See above for address) LEAD ATTORNEY CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 6 of 13 8/20/2014 5:27 PM ATTORNEY TO BE NOTICED Date Filed # Docket Text 12/01/2011 1 COMPLAINT FOR COPYRIGHT INFRINGEMENT AND REMOVAL OR ALTERATION OF COPYRIGHT MANAGEMENT INFORMATION against Aloha Plastic Surgery, LLC, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Associations 1-10 - filed by Vincent K. Tylor, Hawaiian Art Network, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons (issued), # 5 Civil Cover Sheet)(emt, ) (Entered: 12/02/2011) 12/01/2011 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 2/27/2012 before JUDGE KEVIN S.C. CHANG - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 12/1/11. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements)(emt, ) (Entered: 12/02/2011) 12/01/2011 3 Filing fee: $ 350, receipt number HI001929 re 1 Complaint. (emt, ) (Entered: 12/02/2011) 12/01/2011 4 Plaintiff's DISCLOSURE STATEMENT - by Hawaiian Art Network, LLC, Vincent K. Tylor. (emt, ) (Entered: 12/02/2011) 12/05/2011 5 RETURN OF SERVICE - SUMMONS Returned Executed by Vincent K. Tylor, Hawaiian Art Network, LLC. Aloha Plastic Surgery, LLC served on 12/3/2011, answer due 12/26/2011. (emt, ) (Entered: 12/06/2011) 12/30/2011 7 Request and ENTRY OF DEFAULT as to Aloha Plastic Surgery, LLC (Attachments: # 1 Declaration of Counsel, # 2 Entry of Default, # 3 Certificate of Service) (gls, ) (Entered: 12/30/2011) 01/06/2012 8 MOTION to Set Aside Default by Defendant Aloha Plastic Surgery, LLC (gls, ) Modified on 1/10/2012 - striken pursuant to EO #10(gls, ). (Entered: 01/09/2012) 01/09/2012 9 MOTION to Strike "Defendants request to court for: Set Aside Default Judgement request by Plaintiff" filed by Michael Pasquale on January 9, 2012 J. Stephen Street appearing for Plaintiffs Hawaiian Art Network, LLC, Vincent K. Tylor (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Counsel, # 3 Certificate of Service)(Street, J.) (Entered: 01/09/2012) 01/10/2012 10 EO: re 8 9 On January 6, 2012, Defendant filed a document entitled "Request to Court For: Set Aside Default Judgment Request by Plaintiff." On January 9, 2012, Plaintiffs Hawaiian Art Network, LLC and Vincent K. Tylor filed a Motion to Strike Defendant's Request. Plaintiffs move to strike the Request because it was improperly filed by Michael Pasquale, managing partner for Defendant. Business entities "cannot appear before this Court pro se and must be represented by an attorney." Local Rule 83.1. Mr. Pasquale is not an attorney, and is therefore prohibited from appearing on behalf of Defendant and/or filing documents on behalf of Defendant. Local Rule 83.2 ("Only a member of the bar of this court who is also an active member in good standing of a state bar or its equivalent, or any other attorney otherwise authorized by these rules to practice before this court, may enter an CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 7 of 13 8/20/2014 5:27 PM appearance for a party...."). For these reasons, the Court HEREBY GRANTS the Motion to Strike. Defendant's Request (Doc. No. 8) is HEREBY STRICKEN. Mr. Pasquale may not submit any further filings on behalf of Defendant, as doing so would constitute the unauthorized practice of law. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 01/10/2012) 02/22/2012 11 EO: At Plaintiff's request, Rule 16 Scheduling Conference set 2/27/12 shall be continued to 09:00AM on 3/23/2012 before JUDGE KEVIN S.C. CHANG. Stephen Street to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/22/2012) 03/23/2012 14 EP: Rule 16 Scheduling Conference not held on 3/23/2012. Plaintiffs Counsel will be filing a Motion for Default Judgment on Tuesday, 3/27/2013.Defendants Counsel will be filing a Motion to to Set aside the Entry of Default. (Court Reporter None.) (JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 03/27/2012) 03/24/2012 12 MOTION for Default Judgment as to Defendant Aloha Plastic Surgery LLC J. Stephen Street appearing for Plaintiffs Hawaiian Art Network, LLC, Vincent K. Tylor (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Glen Carner, # 3 Declaration of Counsel, # 4 Exhibit A, # 5 Exhibit B, # 6 Certificate of Service)(Street, J.) (Entered: 03/24/2012) 03/27/2012 13 NOTICE of Hearing on Motion 12 Plaintiffs' Motion for Default Judgment Against Defendant Aloha Plastic Surgery, LLC set for 5/14/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, ) CERTIFICATE OF SERVICE Participants 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. (Entered: 03/27/2012) 03/27/2012 15 MOTION to Set Aside Default Robin M. Melchor appearing for Defendant Aloha Plastic Surgery, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Michael A. Pasquale, # 3 Certificate of Service)(gls, ) (Entered: 03/28/2012) 03/29/2012 16 NOTICE of Hearing on Motion 15 Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC set for 5/14/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, ) CERTIFICATE OF SERVICE Participants 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. (Entered: 03/29/2012) 04/23/2012 17 MEMORANDUM in Opposition re 15 MOTION to Set Aside Default filed by Hawaiian Art Network, LLC, Vincent K. Tylor. (Attachments: # 1 Declaration of Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service) (Street, J.) (Entered: 04/23/2012) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 8 of 13 8/20/2014 5:27 PM 04/23/2012 18 MEMORANDUM in Opposition re 12 MOTION for Default Judgment as to Defendant Aloha Plastic Surgery LLC filed by Aloha Plastic Surgery, LLC. (Attachments: # 1 Declaration of Michael A. Pasquale, # 2 Certificate of Service)(gls, ) (Entered: 04/24/2012) 04/30/2012 19 REPLY to Response to Motion re 12 MOTION for Default Judgment as to Defendant Aloha Plastic Surgery LLC filed by Hawaiian Art Network, LLC, Vincent K. Tylor. (Attachments: # 1 Declaration of Glen Carner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Certificate of Service)(Street, J.) (Entered: 04/30/2012) 04/30/2012 20 REPLY In Support of 15 MOTION to Set Aside Default filed by Aloha Plastic Surgery, LLC. (Attachments: # 1 Declaration of Counsel, # 2 Certificate of Service)(gls, ) (Entered: 05/01/2012) 05/14/2012 21 EP: denying 12 Plaintiffs' Motion for Default Judgment Against Defendant Aloha Plastic Surgery, LLC; granting 15 Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC held on 5/14/2012. Michael Pasquale present on behalf of Aloha Plastic Surgery. Plaintiffs' Motion for Default Judgment Against Defendant Aloha Plastic Surgery, LLC 12 . Motion denied without prejudice. Mr. Street to prepare the Order. Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC 15 . Motion granted. Defendant to file a responsive pleading by 5/17/12. Rule 16 Scheduling Conference set 5/18/12 at 9:00am before Judge Chang. Ms. Melchor to prepare the Order.( FTR C5 - 9:26-9:41am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 05/14/2012) 05/16/2012 22 REPORT of Planning Meeting. (Attachments: # 1 Certificate of Service)(Street, J.) (Entered: 05/16/2012) 05/16/2012 23 Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Street, J.) (Entered: 05/16/2012) 05/17/2012 25 ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Hawaiian Art Network, LLC, Vincent K. Tylor by Aloha Plastic Surgery, LLC. (Attachments: # 1 Counterclaim, # 2 Demand for Jury Trial, # 3 Certificate of Service)(gls, ) (Entered: 05/18/2012) 05/17/2012 26 Corporate Disclosure Statement by Aloha Plastic Surgery, LLC. (gls, ) (Entered: 05/18/2012) 05/17/2012 27 Defendant Aloha Plactic Surgery, LLC's Scheduling Conference Statement. (gls, ) (Entered: 05/18/2012) 05/18/2012 24 EP: Rule 16 Scheduling Conference held on 5/18/2012. Rule 16 Scheduling Conference Order to be issued. Counsel to confer and contact the Court to schedule an Early Settlement Conference in late July. Bench Trial set for 3/5/2013 09:00 AM before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 1/22/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 11/6/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 10/3/2012. Discovery due by 1/4/2013. (C5 - no record, 9:00-9:05am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 05/18/2012) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 9 of 13 8/20/2014 5:27 PM 05/18/2012 28 EO: re 25 Pursuant to the Answer filed 5/17/12, Jury Trial demanded. Non Jury Trial shall be changed to a Jury Trial. First Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 3/5/2013 before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 1/22/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 11/6/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 1/4/2013. Motions due by 10/3/2012. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 05/18/2012) 05/18/2012 29 Rule 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on 5/18/12. (gls, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 05/18/2012) 05/18/2012 30 Amended Rule 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on 5/18/12. (gls, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 05/18/2012) 05/19/2012 31 ANSWER to 1 Complaint, AMENDED COUNTERCLAIM against Hawaiian Art Network, LLC, Vincent K. Tylor by Aloha Plastic Surgery, LLC. (Attachments: # 1 Amended Counterclaim, # 2 Demand for Jury Trial and COS)(gls, ) (Entered: 05/21/2012) 06/07/2012 32 -- The Clerks Office has re-entered this document; refer to docket entry 34 . AMENDED COMPLAINT against Michael Anthony Pasquale, Aimiyo International Ltd and against All Defendants, filed by Vincent K. Tylor, Hawaiian Art Network, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons)(Street, J.) Modified on 6/8/2012 (emt, ). (Entered: 06/07/2012) 06/07/2012 33 CERTIFICATE OF SERVICE by Hawaiian Art Network, LLC, Vincent K. Tylor re 32 Amended Complaint, (Street, J.) (Entered: 06/07/2012) 06/07/2012 34 FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT VIOLATION against Aloha Plastic Surgery, LLC, Michael Anthony Pasquale, Aimiyo International, Ltd., John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Associations 1-10 - filed by Vincent K. Tylor, Hawaiian Art Network, LLC. -- This document was e-filed by J. Stephen Street, Esq. on June 7, 2012. The Clerks Office has re-entered the First Amended Complaint to reflect the addition of defendants Michael Anthony Pasquale and Aimiyo International, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons)(emt, ) (Entered: 06/08/2012) 06/08/2012 35 Summons Issued as to Aimiyo International, Ltd., Michael Anthony Pasquale. (emt, ) (Entered: 06/08/2012) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 10 of 13 8/20/2014 5:27 PM 06/18/2012 37 ORDER Granting Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC Filed March 27, 2012 re 21 , 15 . Signed by JUDGE KEVIN S.C. CHANG on 6/15/12. (gls, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 06/18/2012) 07/06/2012 38 NOTICE of Appearance by Jodie D. Roeca on behalf of Aloha Plastic Surgery, LLC, Michael Anthony Pasquale on behalf of Aloha Plastic Surgery, LLC, Michael Anthony Pasquale. (Roeca, Jodie) (Entered: 07/06/2012) 07/09/2012 ADVISORY ENTRY. The entry docket number 38 Notice of Appearance filed by Michael Anthony Pasquale, Aloha Plastic Surgery, LLC had the wrong case number on it. The filing party is advised to put the correct case number on future submissions. No further action necessary. (gls, ) (Entered: 07/09/2012) 07/11/2012 39 Defendants Aloha Plastic Surgery, LLC, Michael Anthony Pasquale, and Aimiyo International, Ltd.'s ANSWER to 34 First Amended Complaint for Copyright Infringement and Digital Millennium Copyright Act Violation; COUNTERCLAIM against Hawaiian Art Network, LLC, Vincent K. Tylor by Aimiyo International, Ltd., Michael Anthony Pasquale, Aloha Plastic Surgery, LLC. (Attachments: # 1 Counterclaim, # 2 Demand for Jury Trial, # 3 Certificate of Service)(emt, ) (Entered: 07/12/2012) 08/02/2012 40 REPLY ANSWER to 39 Answer to Amended Complaint, Counterclaim,, COUNTERCLAIM OF ALOHA PLASTIC SURGERY, LLC AND MICHAEL ANTHONY PASQUALE by Hawaiian Art Network, LLC, Vincent K. Tylor. (Attachments: # 1 Certificate of Service)(Street, J.) (Entered: 08/02/2012) 08/09/2012 41 REPORT of Planning Meeting. (Attachments: # 1 Certificate of Service)(Roeca, Jodie) (Entered: 08/09/2012) 08/13/2012 42 EO: At counsel's request, Status Conference Re: Trial Date and Other Deadlines set for 8/21/2012 09:15 AM before JUDGE KEVIN S.C. CHANG. Robin Melchor has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/13/2012) 08/21/2012 43 EP: Status Conference Re: Trial Date and Other Deadlines held on 8/21/2012. New trial date given. Second Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 7/2/2013 before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 5/21/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 3/7/2013 10:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 5/3/2013. Motions due by 1/30/2013. (C5 - no record, 9:15-9:20am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/21/2012) 08/21/2012 44 Corporate Disclosure Statement by Aimiyo International, Ltd.. (gls, ) (Entered: 08/22/2012) 08/24/2012 45 SECOND AMENDED RULE 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on 8/23/12. (gls, ) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 11 of 13 8/20/2014 5:27 PM CERTIFICATE OF SERVICE Participants 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 (Entered: 08/24/2012) 09/10/2012 46 CERTIFICATE OF SERVICE by Aimiyo International, Ltd., Aloha Plastic Surgery, LLC, Michael Anthony Pasquale re: Initial Disclosures (Roeca, Jodie) (Entered: 09/10/2012) 09/25/2012 47 CERTIFICATE OF SERVICE by Michael Anthony Pasquale Michael Pasquale's First Request for Answers to Interrogatories to Plaintiffs and First Request for Production of Documents to Plaintiffs (Roeca, Jodie) (Entered: 09/25/2012) 09/27/2012 48 EO: At counsel's request, Early Settlement Conference set for 11/2/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference statements due: 10/26/12. Mr. Street has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 09/27/2012) 11/02/2012 49 EP: Early Settlement Conference held on 11/2/2012. Also present: Plaintiff Vincent K. Tylor and Defendant Michael Anthony Pasquale. Case settled. Terms stated UNDER SEAL. Based upon representations by counsel and affirmations by the parties, the Court finds that the essential terms of a valid and enforceable settlement agreement have been stated. Pursuant to the agreement, the record of this proceeding is hereby sealed except for the Injunction to be entered and signed by Judge Seabright. The deadline to submit the Injunction is 12/3/12. The following dates are hereby vacated: 3/7/13, 10:00am, Settlement Conference, Judge Chang; 5/21/13, 9:00am, Final Pretrial Conference, Judge Chang; 7/2/13, 9:00am, Jury Trial, Judge Seabright. All pending matters are deemed withdrawn based upon this settlement. (In Chambers - no record, 11:00-1:09pm (Settlement Conf); FTR C5 - 1:09-1:16pm (Settlement Conf-SEALED HEARING).) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 11/02/2012) 11/30/2012 50 EO: At counsel's request, Status Conference Re: Deadline to submit Injunction set for 12/3/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 11/30/2012) 12/03/2012 51 EP: Status Conference Re: Deadline to submit Injunction held on 12/3/2012. Counsel updated the Court. Counsel to confer further to try to resolve the issue. If unable to resolve, counsel to file a Motion to Enforce Settlement. ( C5 - no record, 9:30-9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/03/2012) 12/10/2012 52 Stipulated PERMANENT INJUNCTION; Exhibit A. Signed by JUDGE J. MICHAEL SEABRIGHT on 12/7/12. (Attachments: # 1 Exhibit A)(gls, ) CERTIFICATE OF SERVICE Participants 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 (Entered: 12/10/2012) CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 12 of 13 8/20/2014 5:27 PM 12/10/2012 53 STIPULATION for Dismissal With Prejudice; Order. Signed by JUDGE J. MICHAEL SEABRIGHT. (gls, ) (Entered: 12/10/2012) PACER Service Center Transaction Receipt 08/20/2014 10:55:05 PACER Login: im0564 Client Code: Description: Docket Report Search Criteria: 1:11-cv-00722- JMS-KSC Billable Pages: 10 Cost: 1.00 CM/ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574-L_1_0-1 13 of 13 8/20/2014 5:27 PM
Eugene and John Jilka v. Saline County, Kansas, Agricultural Stabilization and Conservation Committee, Its Review Committee, and United States of America, 330 F.2d 73, 10th Cir. (1964)