Minutes | Filed: June 23, 2026
| Entered: June 23, 2026
Heard et al v. New Field Honolulu Inc.
Labor: Fair Standards | Hawaii
1 - Terminate Motion Deadlines/Hearings (inc F&R) Order on Motion for Miscellaneous Relief
EO: On January 13, 2025, Plaintiffs Andrew Heard, Devin Campbell, Dominick Pisciotta and Henry Oh ("Plaintiffs") filed a collective FLSA complaint against Defendant New Field Honolulu Inc. ("NFHI"). ECF No. 1. On October 22, 2025, Plaintiffs filed a First Amended Complaint adding Defendants Robert Kazutomo Hori ("Hori"), Eriko Nakagawa ("Nakagawa"), and Takahiko Inoue ("Inoue") (collectively, "Individual Defendants"). ECF No. 30. Nakagawa was served, however, service on the remaining Individual Defendants remains outstanding. See ECF No. 59.
On November 5, 2025, NFHI, through counsel, answered the amended complaint. ECF No. 33. NFHI's counsel subsequently withdrew, and NFHI, a corporate entity, remains unrepresented. On May 11, 2026, after NFHI failed to obtain counsel in violation of the Court's March 12, 2026 Order to Show Cause, the Court determined that entry of default against NFHI was appropriate for failure to defend the action and the Clerk entered default the same day.
On June 2, 2026, Plaintiffs filed Motion for Voluntary Dismissal Without Prejudice ("Motion"). ECF No. 69. Plaintiffs state they have been unable to serve all the Individual Defendants, and that default has been entered against NFHI. <i.Id. at PageID.717. They also represent that continued prosecution is not economically practical because the Individual Defendants no longer reside in the state. Id. Plaintiffs lack records to establish damages with reasonable certainty, and NFHI appears to be non-operational and without meaningful assets. Id. Plaintiffs conclude that the costs associated with retaining experts, reconstructing damages, and continuing litigation would likely exceed any realistic recovery and therefore seek dismissal without prejudice. Id.
Having reviewed the record and files, the Court finds that a response is unnecessary and, in light of the Individual Defendants' absence from the state, NFHI's default, and the reasons provided in the Motion, concludes that good cause exists to grant the Motion. Accordingly, the Motion is GRANTED, and this action is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to close the case.
(Judge SHANLYN A.S. PARK)(tl)