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17-009 - McElroy v. McBarnet

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17-009 - McElroy v. McBarnet
September 29, 2017
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ORDER DENYING PLAINTIFF'S MOTION FOR CLARIFICATION re 155 Motion Clarification. Signed by JUDGE LESLIE E. KOBAYASHI on 09/29/2017. Plaintiff Ronald Hale McElroy's, motion for clarification of this Court's August 21, 2017 order, which Plaintiff filed on September 19, 2017, is HEREBY DENIED. In light of the filing of the motion for clarification, this Court will extend Plaintiff's deadline to file his second amended complaint to October 16, 2017. If Plaintiff fails to file his second amended complaint by that date, this Court will dismiss Counts I and II of the Amended Complaint with prejudice and will direct the Clerk's Office to enter final judgment and close the case. (eps, )CERTIFICATE OF SERVICEParticipants 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 served by first class mail on the date of this docket entry
April 5, 2018
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS SECOND AMENDED COMPLAINT FILED OCTOBER 13, 2017 re 159 Motion to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 04/05/2018. Plaintiff Ronald Hale McElroy's Motion to Dismiss Second Amended Complaint Filed October 13, 2017 is HEREBY GRANTED IN PART AND DENIED IN PART. Plaintiff's Motion is GRANTED insofar as the Court CONCLUDES dismissal without prejudice pursuant to Rule 41(a)(2) is appropriate. Plaintiff's Motion is DENIED insofar as dismissal pursuant to Rule 41(a)(2) is CONDITIONED on Plaintiff's payment of Motion Defendants' reasonable attorneys' fees of $1,361.26 by May 30, 2018.Because the Court's approval of Plaintiff's request for dismissal is conditional, Plaintiff must be given the opportunity to consider whether he wishes to accede to the conditions. Plaintiff is DIRECTED to file a notice by May 3, 2018, stating(NEF) (NEF) whether he agrees to pay Motion Defendants, through their counsel, $1,361.26 by May 30, 2018. If Plaintiff does not timely file such a notice, the Court will dismiss the action with prejudice. (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants served on 04/06/2018 by First Class Mail to: William L. Mohica and Mary A. Mohica; 86 Nakeke Pl.; Wahiawa, HI 96786 the address of record listed on the Notice of Electronic Filing