In Re: Disinterment of the Ashes of Lindsay Helen Tyson
| Hawaii District Court | |
| Judge: | Shanlyn AS Park |
| Referred: | Wes Reber Porter |
| Case #: | 1:24-cv-00466 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Oct 30, 2024 |
| Last checked: Sunday Apr 27, 2025 10:29 PM HST |
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In Re
In The Matter Of:
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Interested Party
Jim Horton
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Represented By
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Interested Party
Dane Tyson
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Interested Party
Richard J. Wagner
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Plaintiff
Scott Tyson
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Represented By
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unknown
Lindsay Helen Tyson
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| TERMINATED PARTIES | |
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Interested Party
Robert Wagner
Terminated: 02/06/2025
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| Docket last updated: 04/28/2025 11:59 PM HST |
| Monday, March 10, 2025 | ||
| 23 | 23
answer
Answer to Amended Complaint
Mon 03/10 3:23 PM
ANSWER to14 Amended Complaint, Interested Person Jim Hortons Answer to Amended Complaint; COS by Jim Horton.(Barbata, Dana) |
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| Tuesday, March 04, 2025 | ||
| 22 | 22
notice
Notice of Appearance
Tue 03/04 5:09 PM
NOTICE of Appearance by Dana A. Barbata on behalf of Jim Horton on behalf of Jim Horton. (Barbata, Dana) |
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| Wednesday, February 26, 2025 | ||
| 21 | 21
minutes
2 - Set Hearings
Wed 02/26 11:57 AM
EO: The Court reviewed19 Plaintiff's Second Status Report,17 the Waiver of Service concerning Interested Party Dane Tyson,20 the proof of service concerning Interested Party Jim Horton, and18 the Suggestion of Death concerning Interested Party Richard Wagner. The Court takes no action regarding service of the Interested Parties. In order to allow time for the Interested Parties to respond to the First Amended Complaint, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 4/1/2025 to 5/13/2025 at 9:00 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) |
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| Monday, February 24, 2025 | ||
| 20 | 20
service
Summons Returned Executed as to USA
Mon 02/24 2:56 PM
SUMMONS Returned Executed by Scott Tyson. Jim Horton. (Bolton, Johnathan) |
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| Friday, February 21, 2025 | ||
| 19 | 19
misc
Status Report
Fri 02/21 11:08 AM
STATUS REPORT (Second Status Report) by Scott Tyson.(Bolton, Johnathan) |
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Att: 1
Certificate of Service
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| Thursday, February 20, 2025 | ||
| 18 | 18
misc
Suggestion of Death
Thu 02/20 9:36 PM
SUGGESTION OF DEATH Upon the Record as to Interested Party RICHARD J. WAGNER by Scott Tyson.(Bolton, Johnathan) |
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Att: 1
Declaration of Counsel,
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Att: 2
Exhibit "A" - Redacted Certificate of Death,
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Att: 3
Certificate of Service
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| Wednesday, February 12, 2025 | ||
| 17 | 17
service
Waiver of Service Executed
Wed 02/12 1:51 PM
WAIVER OF SERVICE Returned Executed by Scott Tyson. Dane Tyson waiver sent on 2/7/2025, answer due 4/8/2025. (Bolton, Johnathan) |
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| Friday, February 07, 2025 | ||
| 16 | 16
service
Summons Issued
Fri 02/07 6:46 AM
Summons Issued as to Jim Horton, Dane Tyson, Richard J. Wagner. (eta) |
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| Thursday, February 06, 2025 | ||
| 15 | 15
service
Summons (Proposed)
Thu 02/06 9:56 AM
Summons (Proposed) (Bolton, Johnathan) |
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| 14 | 14
cmp
Amended Complaint
Thu 02/06 9:50 AM
AMENDED COMPLAINT against Jim Horton, Dane Tyson, Richard J Wagner, filed by Scott Tyson.(Bolton, Johnathan) |
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| Monday, February 03, 2025 | ||
| 13 | 13
minutes
Link Order on Ex Parte Motion
Mon 02/03 1:45 PM
EO: For good cause shown, the Court GRANTS11 Plaintiff's Motion to Extend Time for Service of Complaint. The deadline to serve Interested Party Robert Wagner is EXTENDED to 5/5/2025 . Regarding Interested Parties Dane Tyson and Jim Horton, Plaintiff filed a Certificate of Service, ECF No. 10 , on 1/28/2025, stating that they were served by certified mail on 10/31/2024. No later than 2/21/2025, Plaintiff shall file a Status Report explaining why service by certified mail is appropriate with reference to legal authority. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
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| Friday, January 31, 2025 | ||
| 12 | 12
misc
Status Report
Fri 01/31 10:16 AM
STATUS REPORT by Scott Tyson.(Bolton, Johnathan) |
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Att: 1
Certificate of Service
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| 11 | 11
motion
Ex Parte Motion
Fri 01/31 9:52 AM
EX PARTE Motion of Plaintiff to Extend Time for Service of Complaint Johnathan C. Bolton appearing for Plaintiff Scott Tyson(Bolton, Johnathan) |
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Att: 1
Declaration of Counsel,
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Att: 2
Certificate of Service
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| Tuesday, January 28, 2025 | ||
| 10 | 10
service
Certificate of Service
Tue 01/28 5:37 PM
CERTIFICATE OF SERVICE by Scott Tyson re3 Set Rule 16 Scheduling Conference,1 Complaint,4 Declaration, (Bolton, Johnathan) |
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| Thursday, January 16, 2025 | ||
| 9 | 9
minutes
2 - Set Hearings
Thu 01/16 11:05 AM
EO: The Complaint names several Interested Parties. Per the Complaint, Interested Parties Dane Tyson and Jim Horton were served with the Complaint, but no proof of service has been filed on the docket. Counsel is reminded that Plaintiff must file proofs of service with the Court under Federal Rules of Civil Procedure Rule 4(l). Regarding Interested Party Robert Wagner, the Complaint states that "[h]is whereabouts are currently unknown as is whether or not he even is alive." The Court therefore DIRECTS Plaintiff to file a status report explaining whether Mr. Wagner must be served given his status as an "Interested Party" and if so, detailing Plaintiff's efforts at locating and serving Mr. Wagner. This status report is due 1/31/2025. Plaintiff may also move for an extension of time to serve the Interested Parties if appropriate. Additionally, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 2/11/2025 to 4/1/2025 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) (wrp1) |
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| Tuesday, November 05, 2024 | ||
| 8 | 8
minutes
1 - Terminate Hearings 2 - Set Hearings
Tue 11/05 4:46 PM
EO: Due to a conflict with the Court's schedule, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 12/30/2024 to 2/11/2025 at 9:30 a.m. 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) |
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| Friday, November 01, 2024 | ||
| 7 | 7
misc
Redacted Document
Fri 11/01 3:34 PM
REDACTION to4 Declaration, by Scott Tyson. (Bolton, Johnathan) |
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| 6 | 6
misc
Redacted Document
Fri 11/01 3:29 PM
REDACTION to1 Complaint, by Scott Tyson. (Bolton, Johnathan) |
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misc
Personal Identifiers
Fri 11/01 8:41 AM
ADVISORY ENTRY . Personal Identifiers - Please be advised that the1 Complaint and4 Declaration of Scott Tyson, contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary. The filing party may file redacted versions of the affected documents. For e-filing purposes , please select the filing event "Redacted Document" from the "Other Documents" filing category. When prompted, please "link" the redacted filings to ECF Nos.1 Complaint, and 2 Declaration of Scott Tyson, respectively. The Clerk's Office has limited access to the Complaint and Declaration of Tyson Scott to "case participants" and the Court. (eta) |
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| Thursday, October 31, 2024 | ||
| 5 | 5
service
Certificate of Service
Thu 10/31 5:41 PM
CERTIFICATE OF SERVICE by Scott Tyson re3 Set Rule 16 Scheduling Conference,1 Complaint,4 Declaration (Bolton, Johnathan) |
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| Wednesday, October 30, 2024 | ||
| 4 | 4
misc
Declaration
Wed 10/30 1:02 PM
Declaration re1 Complaint, Declaration of Scott Tyson . (Bolton, Johnathan) |
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| 3 | 3
1
pgs
order
Order Setting Rule 16
Wed 10/30 12:31 PM
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/30/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/30/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (jni) |
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| 2 | 2
notice
Notice of Case Assignment
Wed 10/30 12:23 PM
NOTICE of Case Assignment: Please reflect Civil case number CV 24-00466 SASP-WRP on all further pleadings . (jni) |
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| 1 | 1
cmp
Complaint
Wed 10/30 11:32 AM
COMPLAINT For An Order Authorizing Disinterment of the Ashes of Lindsay Helen Tyson from a National Cemetery against jim horton, dane tyson, robert wagner ( Filing fee $ 405 receipt number AHIDC-3072351.), filed by Scott Tyson.(Bolton, Johnathan) |
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