Coles v. Eagle et al
| Harry J. Coles |
| Joshua Eagle, Elton Robertson, Michael Hisatake, Matthew Ng, M.D., Doe Defendants and Queen's Medical Center |
| 1:2009cv00167 |
| April 13, 2009 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| DAVID ALAN EZRA |
| BARRY M. KURREN |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
503
ORDER GRANTING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE DAMAGES FOR ANY ALLEGED LOSS OF INCOME, AND DENYING THE CITY'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE BODILY INJURY AND MEDICAL SPECIAL DAMAGES re 437 ; 439 ; 443 ; 444 . Signed by JUDGE LESLIE E. KOBAYASHI on 10/14/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
502
ORDER DENYING WITHOUT PREJUDICE DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION FOR SUMMARY JUDGMENT ON COUNTS II AND IV OF FIRST AMENDED COMPLAINT re 435 Motion for Summary Judgment. Signed by JUDGE LESLIE E. KOBAYASHI on 10/08/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
434
ORDER DENYING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION FOR SUMMARY JUDGMENT RE STATUTE OF LIMITATIONS 419 . Signed by JUDGE LESLIE E. KOBAYASHI on 05/27/2014. -- This Court therefore DENIES the City's Motio n, but this Court notes that the City may revisit its statute of limitations defense at trial if it presents evidence that, before Coles was "[i]mprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term le ss than [his] natural life," he knew or should have known that the City's actions and/or omissions were causes of his injury. If the City does not present evidence at trial regarding the accrual of Coles's claims against the City, this Court's rulings in the instant order will stand." (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
379
ORDER DENYING APPEAL AND AFFIRMING MAGISTRATE JUDGE ORDER DATED MARCH 1, 2013 re: 365 . Signed by JUDGE LESLIE E. KOBAYASHI on 4/29/2013. ~ Order denies Appeal (doc 365 ) of U.S. Magistrate Judge Barry M. Kurren's Orde r granting Plaintiff's Motion to Amend Rule 16 Scheduling Order to Continue Trial, Reopen Discovery and Amend Complaint re: doc 361 . Plaintiff's Motion to Amend Rule 16 Scheduling Order, etc.: doc no. 350 ~ (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
315
ORDER DENYING PLAINTIFF'S MOTIONS FOR NEW TRIAL, MISTRIAL, AND SANCTIONS 295 , 296 , 306 . Signed by JUDGE LESLIE E. KOBAYASHI on 7/1/2011. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electr onic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 7/1/2011: Mr. Coles served at address: HARRY J. COLES A1075332/Halawa Correctional Facility Mod 2-A-3/99-902 Moanalua Rd/Aiea HI 96701. (afc).
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Filing
305
ORDER DIRECTING PAYMENT FROM PRISON TRUST ACCOUNT FOR TRANSCRIPTION OF PRETRIAL HEARING ON FEBRUARY 16, 2011: from Prison Account of HARRY COLES. Signed by JUDGE LESLIE E. KOBAYASHI on June 1, 2011. (bbb, )CERTIFICATE OF SER VICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of this Order has been served by first class mail upon the Warden or Business Officer of the Saguaro Correctional Center, at 1250 East Arica Road, Eloy, Arizona 85231, and on Thomas Read, Offender Management Program Officer, Department of Public Safety, at 919 Ala Moana Boulevard, Honolulu, Hawai`i 96814 on 06/02/2011
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Filing
199
ORDER DENYING PLAINTIFF'S MOTION FOR REVIEW OF NONDISPOSITIVE MATTER re: 186 ~ The Court construes plaintiff's motion as an Appeal of: (1) the portion of the magistrate judge's February 16, 2011 minute order (doc no. 161 ) de nying Plaintiff's Motion for Subpoena duces tecum, filed February 8, 2011 (doc no. 151 ) and denying Plaintiff's Motion for Subpoena duces tecum, filed February 14, 2011 (doc no. 153 ); and (2) the magistrate judge's March 14, 2011 O rder Denying Motion for Reconsideration (doc no. 181 ) Motion for Extension of Time to Complete Discovery. ~ Signed by JUDGE LESLIE E. KOBAYASHI on 3/30/2011. (afc)CERTIFICATE OF SERVICEParticipants registered to r eceive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
129
ORDER DENYING DEFENDANTS' 83 MOTION FOR SUMMARY JUDGMENT: "Summary judgment in excessive force cases is granted sparingly, and it is not justified here. Plaintiff has raised a triable issue of material fact on whether Defendants' conduct was objectively reasonable after they pulled him from his car before they arrested him. Defendants Motion for Summary Judgment is DENIED. IT IS SO ORDERED." Signed by District JUDGE DAVID ALAN EZRA on November 12, 2010. (bbb, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
111
ORDER GRANTING IN PART MOTION FOR ENLARGEMENT OF TIME 103 AND DENYING REQUEST FOR MAGISTRATE JURISDICTION 104 . Signed by Judge BARRY M. KURREN on 6/22/2010. [Order follows hearing on Motions 103 and 104 held 6/21/2010; Minutes-d ocket entry no. 110 (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on June 23, 2010.
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Filing
101
ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS. Signed by JUDGE DAVID ALAN EZRA on 4/30/2010. Order adopts 94 Findings and Recommendations to Deny Motion to Dismiss for Failure to Comply with Rule 16 Schedul ing Order ~ (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
80
ORDER DENYING 79 MOTION FOR STAY PENDING APPEAL, OR FOR EXTENSION OF TIME, AND FOR APPOINTMENT OF COUNSEL. Signed by Magistrate Judge BARRY M. KURREN on December 3, 2009. (bbb, )CERTIFICATE OF SERVICEParticipants r egistered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
61
ORDER GRANTING MOTION TO DISMISS, OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT AND DENYING MOTION TO JOIN PARTY. ~ Order GRANTS 23 Unknown Emergency Room Personnel at The Queen's Medical Center and The Queen's Medical Center's MOTION to D ismiss; GRANTS 29 Dr. Matthew Ing's JOINDER to the Motion to Dismiss Motion for Joinder; and DENIES 44 Harry J. Coles's Motion to Join Party. Excerpts of Order: The Queens Medical Center, its unknown emergency room employees, an d Dr. Matthew Ing are DISMISSED with prejudice. Plaintiff Coles's claims against Defendant Michael Hisatake fail to state a claim and are DISMISSED pursuant to 28 U.S.C. § 1915A(a-b). Coles is granted thirty days (30) leave to amend his Complaint. Signed by JUDGE DAVID ALAN EZRA on 8/27/2009. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the No tice of Electronic Filing (NEF). A copy of the Order with its NEF has been served on August 27, 2009 by First Class Mail to the address of record for Gail Y. Cosgrove. A copy of the Order with its NEF and a copy of the "Prisoner Civil Rights Complaint" form with its instructions has been served on August 27, 2009 by First Class Mail addressed to: Harry J. Coles A1075332/Saguaro Correctional Center/1250 East Arica Rd/Eloy, AZ 85231.
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