Dowkin et al v. Honolulu Police Department et al
| Shermon Dean Dowkin, Frederico Delgadillo Martinez, Jr. and Cassandra Bennett-Bagorio |
| Honolulu Police Department, City and County of Honolulu, Boisse Correa, Louis Kealoha, Michael Tamashiro, Kenneth Simmons, John McEntire, Nyle Dolera, Michael Serrao, Dan Kwon, William Axt, Wayne Fernandez, Ralston Tanaka, Colby Kashimoto, Pat Ah Loo and DOES 1-100 |
| 1:2010cv00087 |
| February 22, 2010 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E KOBAYASHI |
| SUSAN OKI MOLLWAY |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 Job Discrimination (Race) |
| Both |
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Filing
720
ORDER REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND JOINDERS THERETO re 586 Motion for Partial Summary Judgment; re 588 Motion for Summary Judgment; re 591 Motion for Partial Summary Judgment; re 593 Motion for Summary Judgment; re 603 Motion for Joinder; re 604 Motion for Joinder; re 605 Motion for Joinder; re 606 Motion for Joinder. - Axt's Motion for Partial Summary Judgment Against Plain tiff Sergeant Shermon Dean Dowkin on the Fifth Cause of Action of the Third Amended Complaint (Intentional Infliction of Emotional Distress), filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY GRANTED;- Ta naka and Kashimoto's Motion for Summary Judgment Regarding Punitive Damages and Any Other Outstanding Claims, filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY GRANTED IN PART AND DENIED IN PART;- Kw on and Fernandez's Motion for Partial Summary Judgment Against All Plaintiffs on the Third Cause of Action in the Third Amended Complaint (Violations of the Hawaii Civil Rights Law - HRS Section 378-2(3)), filed April 15, 2015, and the City' ;s joinder thereto, filed April 21, 2015, are HEREBY DENIED; and- Kwon and Fernandez's Motion for Summary Judgment as to Punitive Damages, filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY DENIED. Signed by JUDGE LESLIE E. KOBAYASHI on 07/24/2015. The Court summarizes the remaining claims in this matter:- Count I, race and gender discrimination, in violation of Title VII of the Civil Rights Act of 1 964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e-2, et seq., by all Plaintiffs against the City;- Count II, race discrimination, in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., by Dowkin and Delgadillo against the City;- Count III, violations of Haw. Rev. Stat. § 378-2(1) and (2) by all Plaintiffs against the City, and violations of § 378-2(3) by all Plaintiffs against Fernandez and Kwon; and- Count V, intent ional infliction of emotional distress by Dowkin against Kashimoto as to the October 11, 2010 incident, and by Bennett Huihui against Tanaka as to the October 18, 2010 Porky's Incident. (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
711
ORDER: 1) GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFFS SERGEANT SHERMON DEAN DOWKIN, OFFICER FEDERICO DELGADILLO MARTINEZ, JR., AND OFFICER CASSANDRA BENNETT HUIHUI ON PUNITIVE DAMAGES; 2) GRANTING MOTION FOR PARTIAL SUMMARY JUDGME NT ON THE FOURTH CAUSE OF ACTION OF THE THIRD AMENDED COMPLAINT (NEGLIGENT TRAINING, NEGLIGENT RETENTION, FAILURE TO REPORT AND INVESTIGATE); AND 3) GRANTING PARTIAL SUMMARY JUDGMENT AGAINST DOWKIN ON THE SIXTH CAUSE OF ACTION (NEGLIGENT INFLICTION O F EMOTIONAL DISTRESS) re 576 Motion for Partial Summary Judgment re 578 Motion for Partial Summary Judgment re 580 Motion for Partial Summary Judgment. Signed by JUDGE LESLIE E. KOBAYASHI on 07/10/2015. (ep s )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
692
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND JOINDERS THERETO re 531 Motion for Partial Summary Judgmentre 533 Motion for Partial Summary Judgmentre 539 Motion for Joinderre 540 Motion for Joinder Signed by JUDGE LESLIE E. KOBAYASHI on 06/18/2015. (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
480
ORDER DENYING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION TO STAY PENDING RESOLUTION OF 9TH CIRCUIT APPEAL IN RELATED CASE re 463 Motion to Stay. Signed by JUDGE LESLIE E. KOBAYASHI on 09/30/2014. (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
393
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT re 338 ; 379 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/27/12. (emt, )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
382
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF THIRD AMENDED COMPLAINT re 237 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/23/12. -- "The court grants Defendants motion to dismiss the Fourth Cause of Action (neg ligent training, negligent retention, and failure to report and investigate) to the extent it is asserted against the individual Defendants (but not to the extent it is asserted against the City); the Seventh Cause of Action (§ 1985) in its enti rety; and the Eighth Cause of Action (civil conspiracy) in its entirety." (emt, )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
338
ORDER (1) DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT; (2) DENYING PLAINTIFFS' MOTION FOR LEAVE TO SUPPLEMENT THEIR REPLY; (3) DENYING IN PART AND TAKING UNDER ADVISEMENT IN PART PLAINTIFFS' MOTION TO MODIFY RULE 16 SCHEDULING ORDER; AND (4) FOR PLAINTIFFS' COUNSEL TO SHOW CAUSE WHY THEY DID NOT VIOLATE FRCP 11(b) re 283 ; 318 ; 319 ; 329 - Signed by JUDGE RICHARD L. PUGLISI on 7/3/12. -- " In accordance with the foregoing, the Court HEREBY ORDERS as follows: (1) Plaintiffs' Motion for Leave to File a Fourth Amended Complaint, filed on May 10, 2012, is DENIED. (2) Plaintiffs' Motion for Leave to Supplement their Reply to City Defendants' Memorandum in Op position to Plaintiffs' Motion for Leave to File a Fourth Amended Complaint, filed on June 28, 2012, is DENIED. (3) Plaintiffs' Motion to Modify Rule 16 Scheduling Order, filed on June 20, 2012, is DENIED IN PART AND TAKEN UNDER ADVISEMENT IN PART. Plaintiffs' request to extend the December 30, 2011 deadline to amend pleadings is DENIED. Plaintiffs' request to extend the deadline to file a response to Defendants' expert witness reports is TAKEN UNDER ADVISEMENT. (4) Plai ntiffs' counsel is ORDERED TO SHOW CAUSE why they have not violated Fed. R. Civ. P. 11(b) by filing Plaintiffs' Motion for Leave to File a Fourth Amended Complaint. Plaintiffs' counsel shall appear at a show cause hearing on August 2, 2012 at 10:00 a.m. before the undersigned Magistrate Judge, and may submit a memorandum for the Courts consideration by no later than July 19, 2012." ( Show Cause Hearing set for 8/2/2012 10:00 AM before JUDGE RICHARD L. PUGLISI. Motions termina ted: 329 MOTION for Leave to File filed by Cassandra Bennett-Bagorio, Frederico Delgadillo Martinez, Jr., Shermon Dean Dowkin, 283 MOTION for Leave to File filed by Cassandra Bennett-Bagorio, Frederico Delgadillo Martinez, Jr., Shermon Dean Dowki n.) (emt, )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
186
AMENDED ORDER GRANTING ALTERNATIVE RELIEF SOUGHT IN MOTION TO RECONSIDER DISMISSAL OF COUNT VIII (CIVIL CONSPIRACY) re 169 ; 170 ; 185 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/27/11. (emt, )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
185
ORDER GRANTING ALTERNATIVE RELIEF SOUGHT IN MOTION TO RECONSIDER DISMISSAL OF COUNT VIII (CIVIL CONSPIRACY) 169 ; 170 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/24/11. ("The court is, however, persuaded that it should allo w an amended civil conspiracy claim to be included in a proposed Third Amended Complaint. Plaintiffs are therefore given leave to do that.") (emt, )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
167
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS' MOTION FOR DISMISSAL OF SECOND AMENDED COMPLAINT 145 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/2/11. (emt, )CERTIFICATE OF SERVICEParticipants re gistered 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
153
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING CITY DEFENDANTS' MOTION TO TRIFURCATE CASE 140 ; 149 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/22/11. (emt, )CERTIFICATE OF SERVICEParticipants regis tered 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
43
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF FIRST AMENDED COMPLAINT 21 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/30/10. ("For the foregoing reasons, the court grants the m otion to dismiss Claim 3 (42 U.S.C. § 1981), Claim 11 (bad faith breach of employment contract), and Claim 12 (defamation per se). The court also grants the motion to dismiss Claim 13 (42 U.S.C. § 1983) against the City, but denies the moti on to dismiss the portion of Claim 13 directed to individual Defendants. Claim 10 (NIED) is dismissed to the extent it asserts claims by Delgadillo and Bennett-Bagorio, but the portion of Claim 10 brought by Dowkin is not dismissed and remains for fu rther adjudication. The court denies the motion to dismiss Claim 4 (42 U.S.C. § 2000d) and Claim 14 (civil conspiracy). The court also denies the motion to dismiss Claim 8 (negligence) against Lieutenant Kwon, Sergeant Fernandez, and the City, but dismisses Claim 8 as against other Defendants. As Plaintiffs have withdrawn Claim 1 (federal Constitution), Claim 6 (reckless endangerment), and Claim 7 (hate crimes), those claims are no longer in issue in this case. Claim 2 (Title VII), Cla im 5 (violation of Hawaii Revised Statutes § 378-2) and Claim 9 (IIED) were not the subject of the present motion and remain for further adjudication. ") (emt, )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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