Lima v. Matsui et al
Hawaii District Court | |
Judge: | Leslie E Kobayashi |
Referred: | Kenneth J Mansfield |
Case #: | 1:23-cv-00355 |
Nature of Suit | 720 Labor - Labor/Management Relations |
Cause | 29:185 Labor/Mgt. Relations (Contracts) |
Case Filed: | Aug 23, 2023 |
Terminated: | Jan 21, 2025 |
Last checked: Sunday Feb 18, 2024 10:26 PM HST |
Defendant
Damien A. Elefante
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Defendant
Marie C. L. Laderta
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Defendant
Melanie S. Matsui
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Defendant
Katharine M. Nohr
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Defendant
Nathalie S. Pettit
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Defendant
Emily Shinsato
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Defendant
Burma Siu
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Defendant
Li-Ann Yamashiro
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Interested Party
Barbara Ann Delizo-Lima
(email: bdelizolima@msn.com) 91-1165 Kauiki Street
Ewa Beach, HI 96706 |
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Plaintiff
Lionel Lima, Jr.
bdelizolima@msn.com 91-1165 Kauiki Street
Ewa Beach, HI 96706 |
Docket last updated: 04/28/2025 11:59 PM HST |
Tuesday, January 21, 2025 | ||
27 | 27
![]() CLERK'S JUDGMENT entered on 1/21/2025 pursuant to ECF No.26 . (eta) COURT'S CERTIFICATE OF SERVICE - Barbara Ann Delizo-Lima served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 21, 2025. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF) |
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26 | 26
![]() ORDER DISMISSING CASE re24 ,25 - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 1/21/2025. Accordingly, the Court declines to grant a further extension, and DENIES the Fourth Motion for Extension. The Court finds that dismissal of the case pursuant to Federal Rule of Civil Procedure 25(a)(1) is appropriate. Accordingly, the case is DISMISSSED WITHOUT PREJUDICE. See Zanowick v. Baxter Healthcare Corp., 850 F.3d 1090, 1094-95 (9th Cir. 2017) (noting dismissal pursuant to Federal Rule of Civil Procedure 25(a)(1) may be with or without prejudice). The Court DIRECTS the Clerk's Office to close the case immediately. (eta) COURT'S CERTIFICATE OF SERVICE - Barbara Ann Delizo-Lima served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 21, 2025. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF) |
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Wednesday, January 15, 2025 | ||
25 | 25
![]() MOTION to Request Another 90 Day Extension for Substitution - Lionel N. Lima, Jr. - by Interested Party Barbara Ann Delizo-Lima(eta) Modified on 1/15/2025 to restrict Ozoa letter due to disclosure of personal identifiers (eta) |
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Monday, January 13, 2025 | ||
24 | 24
![]() MOTION TO REQUEST ANOTHER 90 DAY EXTENSION FOR SUBSTITUTION - LIONEL N. LIMA, JR. - by Interested Party Barbara Ann Delizo-Lima. (jni) |
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Friday, January 10, 2025 | ||
23 | 23
![]() OBJECTION - DEFENDANTS MELANIE S. MATSUI, MARIE C.L. LADERTA, DAMIEN A. ELEFANTE, LI-ANN YAMASHIRO, BURMA SIU, AND EMILY SHINSATOS, IN THEIR OFFICIAL CAPACITIES, SPECIAL APPEARANCE TO OBJECT TO FURTHER EXTENSION OF BARBARA ANN DELIZO-LIMAS DEADLINE TO FILE A MOTION FOR SUBSTITUTION filed by Melanie S. Matsui, Marie C. L. Laderta, Damien A. Elefante, Li-Ann Yamashiro, Burma Siu, Emily Shinsato.(Fujitani, Dylan) |
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Tuesday, January 07, 2025 | ||
22 | 22
minutes
2 - Set Hearings
Tue 01/07 4:24 PM
EO: To allow time for the filing of a Motion for Substitution, the Rule 16 Scheduling Conference set for 01/14/2025 at 9:30 AM is CONTINUED TO 02/13/2025 at 9:30 AM by telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through the court's ZOOM Teleconference. Call-in information for this conference is below. Parties must connect at least five (5) minutes prior to the scheduled start time. Dial in number: 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD) (jsd) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Tuesday, October 22, 2024 | ||
21 | 21
minutes
1 - Terminate Hearings 2 - Set Hearings
Tue 10/22 2:51 PM
EO: Per Docket Entry20 , which granted Barbara Ann Delizo-Lima an extension to file the motion for substitution by January 13, 2025, the Rule 16 Scheduling Conference set for 10/29/2024 is CONTINUED to 1/14/2025 at 9:30 a.m. by telephone before Magistrate Kenneth J. Mansfield. Parties are to participate via telephone through the Courts 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 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD) (tyk) COURTS CERTIFICATE OF SERVICE - Barbara Ann Delizo-Lima has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) |
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Wednesday, October 16, 2024 | ||
20 | 20
![]() EO: COURT ORDER GRANTING MOTION FOR EXTENSION OF THE OCTOBER 15, 2024 DEADLINE ??On January 19, 2024, Barbara Ann Delizo-Lima ("Delizo-Lima") filed her Written Statement of Death of Lionel N. Lima, Jr. and Motion for Substitution ("Written Statement"). [Dkt. no. 9.] The Court instructed Delizo-Lima to file a motion for substitution by April 18, 2024. See Minute Order - EO: Court Order Construing Delizo-Lima's Written Statement of Death of Lionel N. Lima, Jr. and Motion for Substitution, Filed 1/19/24 as Written Statement of Death, filed 1/24/24 (dkt. no. 10). On April 17, Delizo-Lima filed a motion requesting a ninety-day extension of the April 18, 2024 deadline. [Dkt. no. 12.] The Court granted the extension. [Dkt. no. 14.] On July 17, 2024, Delizo-Lima filed a motion requesting a ninety-day extension of the July 17, 2024 deadline. [Dkt. no. 16.] The Court granted the extension. [Dkt. no. 17.] On October 15, 2024, Delizo-Lima filed a motion requesting a ninety-day extension of the October 15, 2024 deadline ("Motion"). ??The Court GRANTS the Motion. Delizo-Lima must file the motion for substitution by January 13, 2025. If a motion for substitution is not filed by January 13, 2025, the Court will dismiss the complaint and close the case on January 14, 2025. ??IT IS SO ORDERED. (Senior District Judge LESLIE E. KOBAYASHI)(cgc) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Tuesday, October 15, 2024 | ||
19 | 19
![]() MOTION to Request Another 90 Day Extension for Substitution - Lionel N. Lima, Jr. - by Interested Party Barbara Ann Delizo-Lima (eta) |
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Monday, August 05, 2024 | ||
18 | 18
minutes
2 - Set Hearings
Mon 08/05 11:39 AM
EO: In light of17 EO: Court Order Granting Motion for Extension, the Rule 16 Scheduling Conference previously set for 08/09/2024 is CONTINUED to 10/29/2024 at 09:30 am by telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due on 10/22/2024. Parties are directed to review Rule 10.3 of the Local Rules of Practice for the United States District Court for the District of Hawaii regarding requirements for Mandatory Chambers Copies. Parties are to participate via telephone through the Courts 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 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(sj) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). Additionally, a courtesy email of this Notice of Electronic Filing (NEF) was also sent to Barbara Ann Delizo-Lima and Pro Se Plaintiff Lionel Lima, Jr. at the verified email address of bdelizolima@msn.com on 08/05/2024 (NEF) |
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Thursday, July 18, 2024 | ||
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![]() EO: COURT ORDER GRANTING MOTION FOR EXTENSION ...The Court GRANTS the Motion. Delizo-Lima must file the motion for substitution by October 15, 2024 . If a motion for substitution is not filed by October 15, 2024, the Court will dismiss the complaint and close the case on October 16, 2024 . IT IS SO ORDERED. Please refer to court's attached minute order for further details on motion. (JUDGE LESLIE E. KOBAYASHI)(tl) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Wednesday, July 17, 2024 | ||
16 | 16
![]() MOTION to Request Another 90 Day Extension for Substitution - Lionel N. Lima, Jr. - by Interested Party Barbara Ann Delizo-Lima (eta) |
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Thursday, May 02, 2024 | ||
15 | 15
minutes
Link 1 - Terminate Hearings 2 - Set Hearings
Thu 05/02 3:21 PM
EO: Given the14 July 17, 2024 deadline for Motion for Substitution, the Rule 16 Scheduling Conference previously set for 05/03/2024 IS CONTINUED TO 08/09/2024 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 08/02/2024. Parties are to participate via telephone through the Courts 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 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). Additionally a courtesy email of this Notice of Electronic Filing (NEF) |
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Friday, April 19, 2024 | ||
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![]() EO: COURT ORDER GRANTING REQUEST FOR EXTENSION ... The Court GRANTS the Motion. Delizo-Lima must file the motion for substitution by July 17, 2024 . If a motion for substitution is not filed by July 17, 2024, the Court will dismiss the complaint and close the case on July 18, 2024 . (JUDGE LESLIE E. KOBAYASHI)(afe) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Thursday, April 18, 2024 | ||
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![]() ORIGINAL SIGNATURE of Barbara Ann Delizo-Lima submitted re12 MOTION to Request 90 Day Extension for Substitution.(eta) |
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Wednesday, April 17, 2024 | ||
12 | 12
![]() MOTION to Request 90 Day Extension for Substitution - by Interested Party Barbara Ann Delizo-Lima (eta) |
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Thursday, January 25, 2024 | ||
11 | 11
minutes
Link 1 - Terminate Hearings 2 - Set Hearings
Thu 01/25 11:11 AM
EO: In light of the10 EO: COURT ORDER CONSTRUING DELIZO-LIMA'S WRITTEN STATEMENT OF DEATH OF LIONEL N. LIMA, JR. AND MOTION FOR SUBSTITUTION, FILED 1/19/24 AS WRITTEN STATEMENT OF DEATH allowing a motion for substitution to be filed by April 18, 2024, the Telephonic Rule 16 Scheduling Conference previously set for 02/01/2024 IS CONTINUED TO 05/03/2024 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 04/26/2024. Parties are to participate via telephone through our Zoom Teleconference . Call-in information for this conference 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 is 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) |
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Wednesday, January 24, 2024 | ||
10 | 10
![]() EO: COURT ORDER CONSTRUING DELIZO-LIMA'S WRITTEN STATEMENT OF DEATH OF LIONEL N. LIMA, JR. AND MOTION FOR SUBSTITUTION, FILED 1/19/24 AS WRITTEN STATEMENT OF DEATH On October 24, 2023, this Court issued an entering order ("10/24 EO") directing pro se Plaintiff Lionel Lima, Jr.'s ("Lima") wife to file a written statement informing the court of Lima's death, and thereafter filing a motion for substitution within 90 days of the written statement, pursuant to Fed. R. Civ. P. 25(a)(1). [Dkt. no. 5.] On January 19, 2024, Barbara Ann Delizo-Lima ("Delizo-Lima") filed her Written Statement of Death of Lionel N. Lima, Jr. and Motion for Substitution ("Written Statement"). [Dkt. no. 9.] The Court construes Delizo-Lima's Written Statement as the written statement informing the court of Limas death. Delizo-Lima must file a motion for substitution by April 18, 2024, and Delizo-Lima must file the motion through her attorney if she wishes to pursue Lima's case on behalf of Lima's estate. See Minute Order - EO: Court Order Directing Delizo-Lima to File a Written Statement, filed 1/17/24 (dkt. no. 8). If a motion for substitution is not filed by April 18, 2024 , this Court will dismiss Limas complaint and close the case on April 19, 2024 . (JUDGE LESLIE E. KOBAYASHI)(afe) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Friday, January 19, 2024 | ||
9 | 9
![]() Written STATEMENT of Death of Lionel N. Lima, Jr. and MOTION for Substitution - by Interested Party Barbara Ann Delizo-Lima (eta) |
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Wednesday, January 17, 2024 | ||
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![]() EO: COURT ORDER DIRECTING DELIZO-LIMA TO FILE A WRITTEN STATEMENT ... As previously noted, this Court will dismiss Lima's complaint and close the case on January 22, 2024 , unless Delizo-Lima files a written statement informing the court of Lima's death. Delizo-Lima is again ADVISED that she must file a motion for substitution within 90 days of the filing of the statement informing the court of Limas death, pursuant to Fed. R. Civ. P. 25(a)(1). (JUDGE LESLIE E. KOBAYASHI)(afe) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Thursday, January 11, 2024 | ||
7 | 7
![]() STATEMENT - filed by Barbara Ann Delizo-Lima. (eta) |
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Thursday, November 16, 2023 | ||
6 | 6
minutes
Link 2 - Set Hearings
Thu 11/16 12:34 PM
EO: In light of the5 Entering Order issued by District Judge Leslie E. Kobayashi allowing deceased plaintiff's wife, Mrs. Lima 90 days to submit in writing if she chooses to pursue the case, the Telephonic Rule 16 Scheduling Conference previously set for 12/08/2023 IS CONTINUED TO 02/01/2024 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 01/25/2023. Parties are to participate via telephone through our Zoom Teleconference . Call-in information for this conference 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 is 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) |
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Tuesday, October 24, 2023 | ||
5 | 5
![]() EO: COURT ORDER DENYING, WITHOUT PREJUDICE, PLAINTIFFS APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS On August 23, 2023, pro se Plaintiff Lionel N. Lima, Jr. ("Lima") filed a Complaint for Violation of Civil Rights Jury Trial and an Application to Proceed in District Court Without Prepaying Fees or Costs ("Application"). [Dkt. nos.1 ,2 .] On October 17, 2023, the district court received a telephone call from Limas wife who stated that Lima passed away. Mrs. Lima is advised that the Court will close the case in 90 days, unless Mrs. Lima takes the following action. If Mrs. Lima wishes to pursue the case, she will need to file a written statement informing the court of Limas death and then file a motion for substitution within 90 days of the filing of the statement informing the Court of Limas death, pursuant to Fed. R. Civ. P. 25(a)(1). In light of Limas unfortunate death, the Application is DENIED WITHOUT PREJUDICE to refiling if a new plaintiff is substituted to pursue this case. (JUDGE LESLIE E. KOBAYASHI)(afe) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Tuesday, October 17, 2023 | ||
4 | 4
minutes
Link 1 - Terminate Hearings 2 - Set Hearings
Tue 10/17 11:42 AM
EO: In light of the pending2 MOTION for Leave to Proceed in forma pauperis, the Telephonic Rule 16 Scheduling Conference previously set for 10/23/2023 IS CONTINUED TO 12/08/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 11/14/2023. Parties are to participate via telephone through our ZOOM Teleconference . Call-in information for this conference 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 is 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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misc
Court's Certificate of Service
Tue 10/17 11:46 AM
COURT'S CERTIFICATE of Service - a courtesy copy of this Notice of Electronic Filing (NEF) 4 Entering Order has been sent to Pro Se Plaintiff Lionel Lima, Jr.at the e-mail address of bdelizolima@msn.com on 10/17/20230. (bbb) |
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Wednesday, August 23, 2023 | ||
3 | 3
![]() Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 10/23/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/23/2023. (eta) COURT'S CERTIFICATE OF SERVICE - Lionel Lima, Jr. was served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) |
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2 | 2
![]() APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Lionel Lima, Jr (eta) |
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![]() COMPLAINT for Violation of Civil Rights; Jury Trial against All Defendants - filed by Lionel Lima, Jr.(eta) |
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