United States District Court, D. Hawaii
ORDER DENYING DEFENDANT/COUNTER-CLAIMANT'S MOTION
TO DISMISS (ECF NO. 11)
GILLMOR UNITED STATES DISTRICT JUDGE.
Misato Matsuoka filed a four count complaint alleging state
law tort claims based on an alleged sexual assault by
Defendant/Counter-Claimant Andres M. Mateo-Soto.
four counts are governed by the two-year statute of
limitations of Hawaii Revised Statutes § 657-7.
appearing pro se, filed two documents which the Court
interpreted as a Motion to Dismiss on statute of limitations
grounds, and an Addendum.
Motion to Dismiss (ECF No. 11) is DENIED.
August 30, 2019, Plaintiff filed the Complaint. (ECF No. 1).
October 21, 2019, Defendant filed an Answer and Counterclaim.
(ECF Nos. 9, 10).
October 21, 2019, Defendant/Counter-Claimant filed a document
entitled “Motion to Dismiss.” (ECF No. 11).
October 23, 2019, Defendant/Counter-Claimant filed a document
entitled “Failure to State a Claim Upon Which Relief
Can Be Granted.” On October 24, 2019, the Court issued
an Order construing the filing as an Addendum to
Defendant/Counter-Claimant's Motion to Dismiss. The Court
warned Defendant/Counter-Claimant that future filings that
failed to conform with Local and Federal Rules would be
stricken. (ECF Nos. 13, 14).
October 25, 2019, Defendant/Counter-Claimant filed a document
entitled “Slander” that he referred to as a
“Counterclaim Addendum.” On October 29, 2019, the
Court issued an Order striking the filing for failing to
comply with both Local and Federal Rules. (ECF Nos. 15, 16).
November 5, 2019, Plaintiff/Counter-Defendant filed an Answer
to Defendant/Counter-Claimant's Counterclaim. (ECF No.
November 8, 2019, Plaintiff/Counter-Defendant filed
PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S ANSWER, OR
IN THE ALTERNATIVE TO DEEM ALLEGATIONS IN THE COMPLAINT TO BE
ADMITTED. (ECF No. 18).
November 12, 2019, Plaintiff/Counter-Defendant filed
PLAINTIFF'S MEMORANDUM IN OPPOSITION TO ...