United States District Court, D. Hawaii
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS WITH
PREJUDICE (ECF NO. 12)
GILLMOR, STATES DISTRICT JUDGE.
Antonio Cupo and Dorothy Wang allege they leased a vacation
rental property owned by Defendant Aliomanu Sand Castles,
LLC. Plaintiffs claim that Cupo was injured when a chair he
was sitting in collapsed.
moves to dismiss Plaintiffs' Complaint for improper
venue, failure to state a claim, and failure to join a
necessary and indispensable party.
argues that Plaintiffs' Amended Complaint is subject to a
binding forum selection clause designating the Fifth Circuit
Court of the State of Hawaii as the proper venue.
Motion to Dismiss (ECF No. 12) is GRANTED.
Plaintiffs' Amended Complaint (ECF No. 9) is
DISMISSED WITH PREJUDICE.
1, 2017, Chief Judge J. Michael Seabright issued an ORDER TO
SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITHOUT
PREJUDICE. (ECF No. 5).
7, 2017, Plaintiffs filed PLAINTTFS' [sic] RESPONSE TO
ORDER TO SHOW CAUSE. (ECF No. 6).
7, 2017, Plaintiffs filed an AMENDED COMPLAINT. (ECF No. 9).
10, 2017, Chief Judge Seabright issued an ORDER finding that
Plaintiffs' Response, Affidavits, and Amended Complaint
sufficiently alleged diversity jurisdiction and therefore the
Order to Show Cause was vacated. (ECF No. 10).
August 3, 2017, Defendant filed a MOTION TO DISMISS FOR
IMPROPER VENUE, FAILURE TO STATE A CLAIM AND FAILURE TO JOIN
A NECESSARY AND INDISPENSABLE PARTY. (ECF No. 12).
September 12, 2017, this case was reassigned to Judge Helen
Gillmor. (ECF No. 17).
September 25, 2017, Plaintiffs filed a pleading entitled
PLAINTIFFS' OPPOSITION RESPONSE TO MOTION TO DISMISS.
(ECF No. 19).
October 20, 2017, Defendant filed a REPLY. (ECF No. 20).
court elected to decide the motion without a hearing pursuant
to Local Rule 7.2(d). (ECF No. 26).
Cupo and Wang state they are a married couple. (Amended
Compl. at ¶ 21, ECF No. 9). Plaintiffs allege they are
citizens and residents of Canada. (Id. at ¶ 1).
Amended Complaint alleges Defendant Aliomanu Sand Castles,
LLC, has its principal place of business in California and is
a limited liability company formed in Hawaii. (Id.)
The Amended Complaint alleges no member, manager, or any
person or entity affiliated with Defendant is a resident or
citizen of Canada. (Id.)
owns a vacation rental property on the island of Kauai
located at 5000 Aliomanu Road, Anahola, Hawaii. (Id.
at ¶¶ 3-4). Defendant employs Coldwell Banker Bali
Hai Realty as its professional property manager. (Motion to
Dismiss at p. 2, ECF No. 12).
Wang entered into a lease for a vacation rental unit on the
property for the period from May 28, 2015, to May 31, 2015.
(Id. at p. 4; Amended Complaint at ¶ 4, ECF No.
Cupo claims that on May 30, 2015, while sitting on a plastic
chair on the deck of the vacation rental property, it
collapsed, causing him injuries. (Amended Compl. at ¶ 7,
ECF No. 9).
filed an identical lawsuit in the State of Hawaii Circuit
Court of the Fifth Circuit on May 30, 2017, civil case number