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Brown v. City And County of Honolulu

United States District Court, District of Hawaii

April 7, 2015

AMBERLY BROWN, Plaintiff,
v.
CITY AND COUNTY OF HONOLULU; JEFFREY HEBERT; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NONPROFIT ENTITIES 1-10; DOE GOVERNMENTAL ENTITIES 1-10, Defendants.

ORDER ADOPTING, AS MODIFIED, MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR ORDER REMANDING ACTION TO STATE COURT (ECF No. 15) and DENYING DEFENDANTS CITY AND COUNTY OF HONOLULU AND JEFFREY HEBERT’S OBJECTIONS TO FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR ORDER REMANDING ACTION TO STATE COURT (ECF No. 17)

HELEN GILLMOR UNITED STATES DISTRICT JUDGE

The action arises from a skydiving accident that occurred on November 5, 2013, that resulted in injuries to Plaintiff Amberly Brown.

Plaintiff claims that while she was descending during a skydive, a Honolulu Police Department helicopter flew beneath her and disrupted the airflow to her parachute, causing her to quickly lose altitude and fall to the ground.

Plaintiff filed a Complaint in state court that was removed to this Court by Defendant City and County of Honolulu. Plaintiff filed a Motion requesting the Court remand proceedings to state court.

On February 26, 2015, the Magistrate Judge entered a Findings and Recommendation to Grant Plaintiff’s Motion for Order Remanding Action to State Court. (ECF No. 15). Defendants City and County of Honolulu and Jeffrey Hebert object to the Findings and Recommendation. (ECF No. 17).

The Court ADOPTS, AS MODIFIED, the Magistrate Judge’s February 26, 2015 Findings and Recommendation (ECF No. 15).

Defendants’ Objections (ECF No. 17) are DENIED.

PROCEDURAL HISTORY

On March 6, 2014, Plaintiff Amberly Brown filed a Complaint in the Circuit Court of the First Circuit, State of Hawaii. (Def.’s Notice of Removal at ¶ 1, ECF No. 1).

On July 8, 2014, Plaintiff filed a First Amended Complaint. (First Amended Complaint, attached as Ex. A to Def.’s Notice of Removal, ECF No. 1-1).

On August 7, 2014, Defendant City and County of Honolulu removed the state court action to the federal district court. (ECF No. 1).

On December 24, 2014, Plaintiff filed PLAINTIFF’S MOTION FOR ORDER REMANDING ACTION TO STATE COURT. (ECF No. 7).

On February 3, 2015, Defendants City and County of Honolulu and Jeffrey Hebert filed an Opposition to Plaintiff’s Motion for Order Remanding Action to State Court. (ECF No. 11).

On February 10, 2015, Plaintiff filed a Reply. (ECF No. 12).

On February 19, 2015, Defendants submitted a filing of previously uncited authority in support of their Opposition. (ECF No. 13).

On February 24, 2015, the Magistrate Judge held a hearing on Plaintiff’s Motion for Order Remanding Action to State Court. (ECF No. 14).

On February 26, 2015, the Magistrate Judge issued Findings and Recommendation to Grant Plaintiff’s Motion for Order Remanding Action to State Court. (ECF No. 15).

On March 12, 2015, Defendants filed DEFENDANTS CITY AND COUNTY OF HONOLULU AND JEFFREY HEBERT’S OBJECTIONS TO FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR ORDER REMANDING ACTION TO STATE COURT. (ECF No. 17).

On March 26, 2015, Plaintiff filed PLAINTIFF AMBERLY BROWN’S RESPONSE TO DEFENDANTS CITY AND COUNTY OF HONOLULU AND JEFFREY HEBERT’S OBJECTIONS TO FINDINGS AND ...


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