United States District Court, D. Hawaii
ORDER GRANTING PLAINTIFF'S MOTION TO DIMISS THE
FIRST AMENDED COMPLAINT
A. Otake, United States District Judge.
Millicent Andrade moves to dismiss her claims asserted in the
First Amended Complaint. For the reasons stated below, the
Court GRANTS the Motion subject to certain conditions.
parties and the Court are familiar with the history of this
case, the Court includes only those facts relevant to the
Millicent Andrade, her boyfriend Craig Stanley, The Edmon
Keller and Cleavette Mae Stanley Family Trust (the
“Trust”), and their limited liability company
Atooi Aloha, LLC, filed the Complaint on June 26, 2016. ECF
No. 1. Plaintiffs have had eleven attorneys of
record since then, all of whom have withdrawn. See,
e.g., ECF No. 76 (withdrawal of Michael Jay Green and
substitution of Cades Schutte); ECF No. 88 (order granting
pro hac vice applications of Lawrence Ecoff, Alberto Campain,
and Ginni Kim); ECF No. 276 (entering order granting Lawrence
Ecoff, et al.'s motion to withdraw); ECF No. 382 (order
granting Cade Schutte's motion to withdraw); ECF No. 383
(notice of appearance by David Robert Squeri, III); ECF No.
393 (motion to withdraw by David Robert Squeri, III); ECF No.
476 (hearing on William Shipley's oral motion to
revolving door of Plaintiffs' attorneys has substantially
delayed this litigation. In March 2018, Mr. Ecoff moved to
withdraw after receiving an email from Plaintiff Andrade
terminating him as counsel for Plaintiffs, “effective
immediately.” ECF No. 264 at 4. Another attorney,
Dennis Chong Kee, filed his motion to withdraw in December
2018, a month before the case was set to go to trial. ECF No.
374. The Court vacated the January trial date and held a
status conference to discuss Plaintiffs' delay tactics.
The Court set a firm trial date of July 8, 2019 and informed
Plaintiffs that it would not tolerate any more games.
the Court's warnings, Plaintiffs were unable to get along
with their next attorney. Mr. Squeri filed a motion to
withdraw after only twelve days on the case due to
“irreconcilable and unresolvable disputes” and
“a breakdown of trust.” ECF No. 393 at 3. The
Court found good cause for withdrawal and granted Mr.
Squeri's motion. ECF No. 396. However, at this point
Plaintiffs' repeated attorney hiring and firing had taken
substantial time from the Court and caused trial delays. In
its February 1, 2019 Order, the Court cautioned Plaintiffs:
Although withdrawal is being permitted, Plaintiffs are
cautioned that further delays will not be tolerated.
Plaintiffs have had multiple opportunities to retain new
counsel and prepare for trial. The recurring problems between
Plaintiffs and their attorneys have prejudiced Defendants,
impaired the Court's ability to control its docket, and
interfered with the administration of justice. Notably, the
issues between Plaintiffs and their attorneys have not been
limited to one attorney or one firm, causing the Court to
surmise that Plaintiffs are engaging in delay tactics and
gamesmanship. The Court will not grant any further
continuances or allow further delay tactics. Plaintiffs have
until February 14, 2019 to retain new local counsel who is
ready, willing, and able to try this case, or serve as local
counsel to Mr. Feher (assuming Mr. Feher otherwise qualifies
for pro hac vice admission), on July 8, 2019. At the January
31, 2019 hearing, Mr. Feher represented that he will be
prepared to try this case on July 8, 2019.
If Plaintiffs have not retained new counsel by February 14,
2019, Plaintiffs Craig B. Stanley, individually, and
Millicent Andrade, individually, will be deemed to have
opted to proceed pro se. Claims brought by Plaintiffs
Atooi Aloha, LLC and the Edmon Keller and Cleavette Mae
Stanley Family Trust will be at risk of dismissal, pursuant
to Local Rule 83.6.
Plaintiffs are reminded that serious consequences will result
if they fail to appear at the February 15, 2019 status
conference with local counsel who is ready to proceed to
trial on July 8, 2019.
Id. at 4-6 (emphasis added).
February 14, 2019, William Shipley filed a Notice of
Appearance. ECF No. 397. Plaintiffs Andrade and Stanley
appeared with Mr. Shipley for the February 15, 2019 status
conference and the Court again warned Plaintiffs that trial
was set for July 8, 2019 and would not be continued. Mr.
Shipley represented he would indeed be ready for trial on
final pretrial conference took place on June 12, 2019 and the
hearing on various motions in limine was held on July 3,
2019, at which Mr. Shipley appeared familiar with the case
and prepared for trial. There was no indication that
Plaintiffs were having difficulties with their attorney, and
the Court expected the case to finally proceed to trial as
8, 2019, when jury trial was set to begin, the Court held a
status conference with Plaintiffs and Defendants present.
Potential jurors awaited jury selection in the courthouse.
Mr. Shipley informed the Court that his clients wanted to
tell the Court what had happened that morning. Plaintiff
Andrade elected to speak and told the Court she believed Mr.
Shipley was colluding with defense counsel. Plaintiff Stanley
stood up and remarked on, among other things, his past eye
surgeries and Hurricane Iwa. Mr. Shipley then advised the
Court of his intent to file a motion to withdraw, and, after
the Court gave Plaintiffs an opportunity to ...