| Court: | hid |
| Docket #: | 1:03-cv-00489 |
| Case Name: | Gilbert v. Maui, County of, et al |
| PACER case #: | 14520 |
| Date filed: | 2003-09-15 |
| Date terminated: | 2005-06-15 |
| Date of last filing: | 2005-06-23 |
| Assigned to: | JUDGE HELEN GILLMOR |
| Referred to: | Judge BARRY M. KURREN |
| Case Cause: | 28:1441 Petition for Removal- Personal Injury |
| Nature of Suit: | 360 P.I.: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Timothy Gilbert Plaintiff |
Jan K. Apo Steven B. Songstad |
| Maui, County of Defendant |
Brian T. Moto Moana Monique Lutey |
| Dana Wingad Defendant |
Brian T. Moto Moana Monique Lutey |
| John Doe 1-10 Defendant |
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| Jane Doe 1-10 Defendant |
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| John Doe Partnerships 1-10 Defendant |
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| John Doe Corporations 1-10 Defendant |
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| John Doe Government Entities 1-10 Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2003-09-15 | 1 | 0 | Notice of Removal | NOTICE OF REMOVAL; declaration of Moana M. Ramaya; exhibits 1 and 2; certificate of service - from Circuit Ct 2nd Cir Case Number: CV 02-1-0530(3); 03-1-0308(3) (fe) (Entered: 09/16/2003) | ||
| 2003-09-15 | 2 | 0 | Order | ORDER by Judge David A. Ezra rule 16 conference set for 9:00 12/15/03 before Mag Judge Barry M. Kurren (fe) (Entered: 09/16/2003) | ||
| 2003-09-24 | 3 | 0 | Answer to Complaint | ANSWER by defendant County of Maui, defendant Dana Wingad to first amended complaint [1-1]; certificate of service (afc) (Entered: 09/24/2003) | ||
| 2003-12-03 | 4 | 0 | Scheduling Conference Statement | SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Maui County, defendant Dana Wingad (afc) (Entered: 12/03/2003) | ||
| 2003-12-03 | 5 | 0 | Report of Planning Meeting | REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff (afc) (Entered: 12/03/2003) | ||
| 2003-12-04 | 6 | 0 | Scheduling Conference Statement | SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc) (Entered: 12/05/2003) | ||
| 2003-12-15 | 7 | 0 | Minutes - Miscellaneous | EP : Rule 16 Scheduling Conference held. Court to prepare order. 1. Jury trial on October 5, 2004 at 9:00 a.m. before HG 2. Final Pretrial Conference on August 24, 2004 at 9:00 a.m. before BMK 3. Final Pretrial Conference before District Judge September 24, 2004 @ 8:30 a.m. before HG 4. Final Pretrial Statement by August 17, 2004 5. File motions to Join/Add Parties/Amend Pleadings by March 5, 2004 6. File other Non-Dispositive Motions by July 7, 2004 7. File Dispositive Motions by May 5, 2004 8a. File Motions in Limine by September 14, 2004 8b. File opposition memo to a Motion in Limine by September 21, 2004 11a. Plaintiff's Expert Witness Disclosures by April 5, 2004 11b. Defendant's Expert Witness Disclosures by May 5, 2004 12. Discovery deadline August 6, 2004 13. Settlement Conference set for July 12, 2004 at 2:00 p.m. before BMK 14. Settlement Conference statements by July 6, 2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by September 21, 2004 21. File Final witness list by September 14, 2004 24. Exchange Exhibit and Demonstrative aids by September 7, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by September 14, 2004 26. File objections to the Exhibits by September 21, 2004 28a. File Deposition Excerpt Designations by September 14, 2004 28b. File Deposition Counter Designations and Objections by September 21, 2004 29. File Trial Brief by September 21, 2004 rule 16 conference held on 9:00 12/15/03 before Mag Judge Barry M. Kurren , ; Jury Trial set for 9:00 10/5/04 ; Pretrial conference set for 8:30 9/24/04 before Judge Helen Gillmor , ; final pretrial conference set for 9:00 8/24/04 ; Discovery ddl set for 8/6/04 ; Motion filing ddl set for 5/5/04 ; settlement/status conference set for 2:00 7/12/04 before Mag Judge Barry M. Kurren ( Ct Rptr : no record taken) JUDGE Mag Judge Barry M. Kurren (fe) (Entered: 12/19/2003) | ||
| 2003-12-19 | 8 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 12/22/2003) | ||
| 2004-01-02 | 9 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 01/03/2004) | ||
| 2004-01-08 | 10 | 0 | Scheduling Order | Rule 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (fe) (Entered: 01/09/2004) | ||
| 2004-02-09 | 11 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 02/09/2004) | ||
| 2004-02-19 | 12 | 0 | Motion to Amend/Correct | NOTICE OF MOTION and motion by plaintiff for leave to amend complaint ; memorandum in support of motion; affidavit of Jan K. Apo; exhibit A - B; certificate of service - set for 2:00 4/9/04 before Mag Judge Barry M. Kurren (afc) (Entered: 02/19/2004) | ||
| 2004-02-23 | 13 | 0 | Certificate of Service | CERTIFICATE of service by plaintiff (afc) (Entered: 02/23/2004) | ||
| 2004-02-23 | 14 | 0 | Certificate of Service | CERTIFICATE of service by plaintiff (afc) (Entered: 02/23/2004) | ||
| 2004-02-27 | 15 | 0 | Reply to Response to Motion | STATEMENT OF NO POSITION and non-appearance by defendants County of Maui and Dana Wingad re: plaintiff's motion for leave to amend complaint [12-1]; certificate of service (afc) (Entered: 03/01/2004) | ||
| 2004-03-08 | 16 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (fe) (Entered: 03/09/2004) | ||
| 2004-04-05 | 17 | 0 | DISCLOSURE OF EXPERT TESTIMONY; certificate of service - by plaintiff Timothy Gilbert (eps) (Entered: 04/06/2004) | |||
| 2004-04-09 | 18 | 0 | Minutes - Miscellaneous | EO: Plaintiff's motion for leave to amend complaint [12-1] - GRANTED w/o hearing. Apo to prepare order. () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 04/12/2004) | ||
| 2004-04-29 | 19 | 0 | Certificate of Service | CERTIFICATE of service by defendants (afc) (Entered: 04/30/2004) | ||
| 2004-04-30 | 20 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 04/30/2004) | ||
| 2004-05-03 | 21 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 05/03/2004) | ||
| 2004-05-04 | 22 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 05/04/2004) | ||
| 2004-05-05 | 23 | 0 | Motion for Summary Judgment | NOTICE OF MOTION and motion by defendant Maui, County of, defendant Dana Wingad for summary judgment ; memorandum in support of motion; certificate of service - set for 9:45 7/6/04 before Judge Helen Gillmor (afc) (Entered: 05/06/2004) | ||
| 2004-05-05 | 24 | 0 | Miscellaneous Document | CONCISE STATEMENT of facts by defendant County of Maui, defendant Dana Wingad in support of their motion for summary judgment [23-1]; affidavits of Moana M. Ramaya and Mark Joaquin; declarations of Peter Galpin, Kammy Furtado, Erin White, Summer Bowman, and Kyra Conley; exhibits A-YY; certificate of service (afc) (Entered: 05/06/2004) | ||
| 2004-05-05 | 25 | 0 | DISCLOSURE OF EXPERT TESTIMONY; certificate of service - by defendants County of Maui and Dana Wingad (afc) (Entered: 05/06/2004) | |||
| 2004-05-06 | 26 | 0 | Certificate of Service | CERTIFICATE of service by plaintiff (afc) (Entered: 05/06/2004) | ||
| 2004-05-07 | 27 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 05/10/2004) | ||
| 2004-05-13 | 28 | 0 | Order | ORDER by Mag Judge Barry M. Kurren granting plaintiff's motion for leave to amend complaint [12-1] by Mag Judge Barry M. Kurren - filed by deft County of Hawaii (afc) (Entered: 05/13/2004) | ||
| 2004-05-18 | 29 | 0 | Amended Complaint | FIRST AMENDED COMPLAINT by plaintiff against defendant Dana Wingad; summons (issued) (afc) (Entered: 05/18/2004) | ||
| 2004-05-20 | 30 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 05/20/2004) | ||
| 2004-05-21 | 31 | 0 | Amended Complaint | SECOND AMENDED COMPLAINT [29-1] by plaintiff against County of Maui; summons (issued) (afc) (Entered: 05/21/2004) | ||
| 2004-06-01 | 32 | 0 | Certificate of Service | CERTIFICATE of service by plaintiff Timothy Gilbert (eps) (Entered: 06/02/2004) | ||
| 2004-06-08 | 33 | 0 | Certificate of Service | CERTIFICATE of service by plaintiff (afc) (Entered: 06/08/2004) | ||
| 2004-06-15 | 34 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 06/16/2004) | ||
| 2004-06-16 | 35 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 06/17/2004) | ||
| 2004-06-17 | 36 | 0 | Memorandum in Opposition to Motion | MEMORANDUM by plaintiff in opposition to County Defendants' motion for summary judgment [23-1]; (facsimile) declaration of Timothy Gilbert; declaration of Erin White; declaration of Art Calderon; (facsimile) declaration of D.P. Van Blaricom; declaration of Jan K. Apo; exhibits; certificate of service (afc) Modified on 06/17/2004 (Entered: 06/17/2004) | ||
| 2004-06-17 | 37 | 0 | Statement in Opposition to Motion | SEPARATE AND CONCISE STATEMENT of facts by plaintiff in support of plainitff's memorandum in opposition to defendant County's motion for summary judgment [23-1]; (facsimile) declaration of Timothy Gilvert; declaration of Erin White; declaration of Art Calderon; (facsimile) declaration of D.P. Van Blaricom; declaration of Jan K. Apo; exhibits 1-36; certificate of service (afc) (Entered: 06/17/2004) | ||
| 2004-06-23 | 38 | 0 | Answer to Complaint | ANSWER by defendant Dana Wingad to first amended complaint; certificate of service [29-1] (afc) (Entered: 06/23/2004) | ||
| 2004-06-23 | 39 | 0 | Answer to Complaint | ANSWER by defendant County of Maui to second amended complaint; certificate of service [31-1] (afc) (Entered: 06/23/2004) | ||
| 2004-06-24 | 40 | 0 | Reply to Response to Motion | REPLY MEMORANDUM by County defendants in support of their motion for summary judgment [23-1]; declaration of Moana M. Ramaya; exhibits ZZ - EEE; certificate of service (afc) (Entered: 06/24/2004) | ||
| 2004-06-25 | 41 | 0 | Supplement | SUPPLEMENT by plaintiff to his memorandum in opposition to County defendant's motion for summary judgment; declaration of Timothy Gilbert; certificate of service [36-1] [23-1] (afc) (Entered: 06/25/2004) | ||
| 2004-06-30 | 42 | 0 | Order | MINUTE ORDER: The hearing on Defendant County of Maui's Motion for Summary Judgment, set for July 6, 2004 at 9:45 a.m., is vacated. Pursuant to the stipulation of the parties and Local Rule 7.2(d), the Court will decide the foregoing motion on the document without a hearing. cc: Jan K. Apo, Esq. Moana M. Ramaya, Esq. Judge Gillmor's chambers by Judge Helen Gillmor vacating hearing re motion for summary judgment [23-1] (cc: all counsel) (sm) (Entered: 07/01/2004) | ||
| 2004-07-02 | 43 | 0 | Memorandum in Opposition to Motion | SUPPLEMENT MEMORANDUM by plaintiff Timothy Gilbert in opposition to County defendants' motion for summary judgment [23-1]; declaration of DP Van Blaricom; certificate of service (eps) (Entered: 07/07/2004) | ||
| 2004-07-12 | 44 | 0 | Minutes - Miscellaneous | EP: Settlement Conference held. No settlement at this time. Further conference on call. (Ct Rptr: No Record Taken) JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 07/15/2004) | ||
| 2004-07-21 | 45 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 07/21/2004) | ||
| 2004-07-28 | 46 | 0 | Minutes - Miscellaneous | EO: MINUTE ORDER: The Trial Date and other Scheduling Deadlines are hereby Amended as follows- 1. Jury trial on April 26, 2005 at 9:00 a.m. before HG 2. Final Pretrial Conference on March 15, 2005 at 9:00 a.m. before BMK 3. Final Pretrial Conference before District Judge Helen Gillmor on April 15, 2005 at 8:30a.m. 4. Final Pretrial Statement by March 8, 2005 5. File motions to Join/Add Parties/Amend Pleadings by closed 6. File other Non-Dispositive Motions by closed 7. File Dispositive Motions by closed 8a. File Motions in Limine by April 5, 2005 8b. File opposition memo to a Motion in Limine by April 12, 2005 11a. Plaintiff's Expert Witness Disclosures by closed 11b. Defendant's Expert Witness Disclosures by closed 12. Discovery deadline February 25, 2005 13. Settlement Conference set for at before was held on July 12, 2004 14. Settlement Conference statements by 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by April 12, 2005 21. File Final witness list by April 5, 2005 24. Exchange Exhibit and Demonstrative aids by March 29, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by April 5, 2005 26. File objections to the Exhibits by April 12, 2005 28a. File Deposition Excerpt Designations by April 5, 2005 28b. File Deposition Counter Designations and Objections by April 12, 2005 29. File Trial Brief by April 12, 2005 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: cc: All Counsel of Record [Jury Trial set for 9:00 4/26/05 before Judge Helen Gillmor ; Final Pretrial conference set for 9:00 3/15/05 before Mag Judge Barry M. Kurren ; Final pretrial conference set for 8:30 4/15/05 before Judge Helen Gillmor] () JUDGE Judge Helen Gillmor (afc) (Entered: 08/02/2004) | ||
| 2004-08-18 | 47 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 08/18/2004) | ||
| 2004-08-18 | 48 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 08/18/2004) | ||
| 2004-09-08 | 49 | 0 | Ex Parte Motion and order | EX PARTE MOTION by plaintiff to stay defendant County of Maui's depositions upon written interrogatories of University of Washington and Seattle University pending plaintiff's motion to quash subpoenas and for protective order; declaration of Jan K. Apo; exhibits A-E; order; certificate of service - ex parte motion DENIED by Mag Judge Barry M. Kurren (afc) (Entered: 09/09/2004) | ||
| 2005-01-07 | 50 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (afc) (Entered: 01/07/2005) | ||
| 2005-01-11 | 51 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (gs) (Entered: 01/12/2005) | ||
| 2005-01-11 | 52 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of (gs) (Entered: 01/12/2005) | ||
| 2005-01-12 | 53 | 0 | Minutes - Miscellaneous | EO: New dates given. Court to prepare an amended scheduling order. 1. Jury trial on July 26, 2005 at 9:00 a.m. before HG 2. Final Pretrial Conference on June 14, 2005 at 9:00 a.m. before BMK 3. Final Pretrial Conference before District Judge Helen Gillmor on July 15, 2005 at 8:30 a.m. 4. Final Pretrial Statement by June 7, 2005 5. 6. 7. 8a. File Motions in Limine by July 5, 2005 8b. File opposition memo to a Motion in Limine by July 12, 2005 11a. 11b. 12. Discovery deadline May 27, 2005 13. Settlement Conference set for May 4, 2005 at 9:30 a.m. before BMK 14. Settlement Conference statements by April 27, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by July 12, 2005 21. File Final witness list by July 5, 2005 24. Exchange Exhibit and Demonstrative aids by June 28, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 5, 2005 26. File objections to the Exhibits by July 12, 2005 28a. File Deposition Excerpt Designations by July 5, 2005 28b. File Deposition Counter Designations and Objections by July 12, 2005 29. File Trial Brief by July 12, 2005 30. cc: Tammy Kimura [Jury Trial set for 9:00 7/26/05 before Judge Helen Gillmor ; final pretrial conference set for 9:00 6/14/05 before Mag Judge Barry M. Kurren ; Final Pretrial conference set for 8:30 7/15/05 before Judge Helen Gillmor ; Discovery ddl set for 5/27/05 before Mag Judge Barry M. Kurren ; settlement conference set for 9:30 before Mag Judge Barry M. Kurren] () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 01/14/2005) | ||
| 2005-01-14 | 54 | 0 | Scheduling Order | AMENDED RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc) (Entered: 01/18/2005) | ||
| 2005-01-24 | 55 | 0 | Order | ORDER GRANTING IN PART and DENYING IN PART defendants' motion for summary judgment - by Judge Helen Gillmor [23-1] (cc: all counsel) - [excerpts from the conclusion include: COURT ORDERS that defendants' motion to disregard evidence submitted with plaintiff's summary judgment opposition is DENIED with respect to all evidence except for Exhibit 31 to plaintiff's concise statement of facts. Defendants' request to disregard evidence is GRANTED with respect to Exhibit 31. COUNT I against Officer Wingad and the County of Maui, battery, defendants' M/SJ is DENIED. COUNT II against Officer Wingad and the County of Maui, assault, defendants' M/SJ is DENIED. COUNT III, against Officer Wingad and the County of Maui, intentional infliction of emotional distress, defendants' M/SJ is GRANTED. Count IV, against Officer Wingad and the County of Maui, negligent infliction of emotional distress, defendants' M/SJ is DENIED. COUNT V, against the County of Maui, negligence in the hiring, training, instructing, supervising, and discipline of Officer Wingad, defendants' M/SJ is DENIED. COUNT VI, claims under 42 USC 1983 against Officer Wingad for unlawful seizure and excessive force, and against the County of Maui for having a policy or custom contributing to Officer Wingad's constitutional violations, defendants' M/SJ is GRANTED. PLAINTIFF'S FOLLOWING CLAIMS REMAIN FOR TRIAL: COUNT I, against Officer Wingad and the County of Maui, battery, COUNT II, against Officer Wingad and the County of Maui, assault; COUNT IV, against Officer Wingad and the County of Maui, negligent infliction of emotional distress; COUNT V, against the County of Maui, negligence in hiring, training, instructing, supervising, and discipline.] (afc) (Entered: 01/25/2005) | ||
| 2005-03-15 | 56 | 0 | Minutes - Miscellaneous | EO: Settlement conference continued from 5/4/05 to 10:00 5/12/05 before Mag Judge Barry M. Kurren; Confidential Settlement Conference Statements are due 5/10/05 and may be faxed to (808) 541-3500 by Mag Judge Barry M. Kurren (gs) (Entered: 03/16/2005) | ||
| 2005-03-31 | 57 | 0 | Motion to Withdraw as Attorney | NOTICE OF MOTION and motion by plaintiff for leave of court permitting withdrawal and substitution of counsel ; declaration of Timothy Gilbert; certificate of service - referred to Mag Judge Barry M. Kurren (afc) (Entered: 04/01/2005) | ||
| 2005-03-31 | 58 | 0 | Minutes - Miscellaneous | EO: Plaintiff's Motion for Leave of Court Permitting Withdrawal and Substitution of Counsel lodged on March 30, 2005 and filed on March 31, 2005 is hereby Granted. Plaintiff will now be represented by Steven Songstad, Esq. Address-1993 Main Street Wailuku, Hawaii 96793-Telephone No. (808) 242-4936. cc: All Counsel of Record by Fax [57-1] () JUDGE Mag Barry M. Kurren (afc) (Entered: 04/01/2005) | ||
| 2005-04-07 | 59 | 0 | Certificate of Service | CERTIFICATE of service by defendant Maui, County of, defendant Dana Wingad (afc) (Entered: 04/08/2005) | ||
| 2005-04-25 | 60 | 0 | Notice of Hearing | NOTICE of hearing - Settlement Conference continued from 5-12-05 to 5-17-05 at 10:00 a.m. before Mag Judge Barry M. Kurren ; cc: Steven Songstad, Moana Ramaya - by Richlyn Young, CRM (afc) (Entered: 04/27/2005) | ||
| 2005-05-13 | 61 | 0 | Minutes - Miscellaneous | EO: Continued : [Settlement Conference] from 05/17/2005 10:00:00 AM to 05/25/2005 10:00:00 AM before BMK. Steven Songstad notified parties. () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 05/16/2005) | ||
| 2005-05-18 | 62 | 0 | Minutes - Miscellaneous | EO: Continued : [Settlement Conference] from 05/25/2005 10:00:00 AM to 05/26/2005 11:00:00 AM before BMK. Notified: Steven Songstad, Moana M. Ramaya () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 05/19/2005) | ||
| 2005-05-27 | 63 | 0 | Minutes - Miscellaneous | EP: Settlement Conference held. No settlement at this time. () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 05/28/2005) | ||
| 2005-06-14 | 64 | 0 | Minutes - Miscellaneous | EO: Final Pretrial Conference set for 06/14/2005 09:00:00 AM before BMK is Vacated. Stipulation to Remand to be submitted. () JUDGE Mag Judge Barry M. Kurren (afc) (Entered: 06/16/2005) | ||
| 2005-06-15 | 65 | 0 | Stipulation and Order | STIPULATION and ORDER to remand case to State Court by Judge Helen Gillmor - filed by defendants County of Maui and Dana Wingad - [case remanded to the Circuit Court of the Second Circuit, State of Hawaii, for further proceedings, with each party to bear its own fees, costs and expenses related to the removal and remand] remanding case to state court (afc) Modified on 06/16/2005 (Entered: 06/16/2005) |