Baker v. Kealoha et al
| Christopher Baker |
| Neil Abercrombie, Hawaii, State of, Honolulu Police Department, Honolulu, City and County of and Louis Kealoha |
| Brady Center To Prevent Gun Violence |
| 1:2011cv00528 |
| August 30, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN SC CHANG |
| ALAN C KAY |
| ALAN C KAY |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 22, 2017. A more recent docket listing may be available from PACER.
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Filing 92
ORDER AND STIPULATION For Dismissal Of All Claims And All Parties With Prejudice signed by JUDGE ALAN C. KAY submitted on behalf of Plaintiff Christopher Baker. (eps, )
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Filing 91
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT LOUIS M. KEALOHA AND ORDER Attorney Lisa W. Cataldo of McCorriston Miller Mukai MacKinnon LLP for Louis Kealoha added. Attorney Curtis E. Sherwood terminated. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 06/21/2017. (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).
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| Filing 90 EO: Status Conference set for 6/22/2017 before Magistrate Judge Kevin Chang is hereby Vacated. Dismissal Documents are to be submitted to Judge Alan C. Kay by 7/7/2017. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )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 |
| Filing 89 EO: Status Conference set for 6/22/2017 at 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Status conference. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )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 |
| Filing 88 MANDATE of USCA as to #55 Notice of Interlocutory Appeal, filed by Christopher Baker Judgment of this Court, entered March 10, 2017, takes effect this date (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). |
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Filing 87
ORDER of USCA as to #55 Notice of Interlocutory Appeal filed by Christopher Baker, 9CCA NO. 12-16258, re #73 : "The petition for rehearing is granted, our March 20, 2014 memorandum disposition is vacated, the district court's denial of plaintiff's motion for a preliminary injunction is vacated, and this matter is remanded to the District Court without prejudice to the District Court granting or denying a preliminary injunction or otherwise considering the case in light of Peruta v. City of San Diego, 824 F.3d 919, 924 (9th Cir. 2016) (en bane), and other intervening Ninth Circuit opinions." (Attachments: #1 Dissent) (emt, )CERTIFICATE OF SERVICEParties served by Ninth Circuit Court of Appeals.
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Filing 86
ORDER of USCA as to #55 Notice of Interlocutory Appeal filed by Christopher Baker, 9CCA NO. 12-16258: "The motions by the State of Hawaii, the Brady Center to Prevent Gun Violence and the National Rifle Association of America, Inc. to file supplemental amici briefs are GRANTED." (emt, )CERTIFICATE OF SERVICEParties served by the Ninth Circuit Court of Appeals.
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Filing 85
ORDER of USCA as to #55 Notice of Interlocutory Appeal filed by Christopher Baker, 9CCA No. 12-16258: "The parties are ordered to provide supplemental briefs in light of the en bane decision in Peruta v. County of San Diego, No. 10-56971 and Richards v. Prieto, No. 11-16255. Briefs shall be no longer than twenty (20) pages and shall be filed within twenty-one (21) days of this order. The Brady Center To Prevent Gun Violence's motion for leave to file an amicus brief in support of rehearing, ECF No. 61, is GRANTED. The motions by the County of Hawaii, County of Maui, and County of Kauai to join the amicus curiae brief of the State of Hawaii, ECF Nos. 63-65, are GRANTED. Appellant's motion to strike the State of Hawaii's amicus brief, ECF No. 66, is DENIED." (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 84 EO:In light of the pending petition for rehearing or rehearing en banc in the Ninth Circuit, the Clerk of Court is directed to administratively close this action without prejudice to any party. The closing is administrative only and thus has no effect on the procedural or substantive rights of any party or any limitations period. Any party may move to reopen the case after the Ninth Circuit rules on the pending petition. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )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 |
| Filing 83 EP: Further Status Conference Re: Stay Pending Appeal held on 1/16/2015. Counsel informed the Court that they are waiting for a decision on another case regarding En banc hearing. Further Status Conference Re: Stay Pending Appeal set 7/20/15 at 9:00am before Judge Chang. (C5 - no record, 9:00-9:03am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
| Filing 81 EP: Further Status Conference Re: Stay Pending Appeal held on 7/11/2014. Mr. Holcomb updated the Court that this matter is still pending before the Ninth Circuit awaiting decision. Further Status Conference Re: Stay Pending Appeal set 1/16/15 at 9:00am before Judge Chang. (In Chambers - no record, 9:35-9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
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Filing 80
ORDER of USCA as to # 55 Notice of Appeal filed by Christopher Baker, 9CCA NO. 12-16258. "Disposition of the pending petition for rehearing or rehearing en banc is deferred pending this Court's resolution of pending post-opinion matters in Peruta v. County of San Diego , No. 10-56971." (emt, ) No COS issued for this docket entry
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Filing 79
ORDER of USCA as to # 55 Notice of Appeal filed by Christopher Baker ~ Plaintiff-Appellant is directed to file a response to the petition for rehearing or rehearing en banc filed with this court on April 17, 2014. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. (ecs, ) No COS issued for this docket entry
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Filing 78
ORDER of USCA as to # 55 Notice of Appeal filed by Christopher Baker, 9CCA NO. 12-16258 ~ "Defendants-Appellees' motion for an extension of time to file their petition for panel rehearing and/or petition for rehearing en banc is granted. Defendants-Appellees shall file any petition for rehearing no later than April 17, 2014." (emt, ) No COS issued for this docket entry
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| Filing 77 EO:In furtherance of the Court's minute order filed 3/24/2014 (D. Haw. ECF No. 75), providing notice to the State of Hawaii through its Attorney General of the ruling by the Ninth Circuit that "[i]n light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity," Baker v. Kealoha et al., No. 12-16258, at 2 (9th Cir. Mar. 20, 2014); the Court notes that in Peruta v. County of San Diego, No. 10-56971, the State of California on 2/27/2014 filed a Motion to Intervene and a Motion to Extend Time to File a Petition for Rehearing or Rehearing En Banc and Stay Issuance of the Mandate (being on the last day of the fourteen-day deadline for filing a petition for panel rehearing). (9th Cir. ECF No. 122.) The Peruta panel on 2/28/2014, issue an order granting the State of California's Motion to Extend Time to File a Petition for Rehearing En Banc and Stay Issuance of the Mandate. (9th Cir. ECF No. 126.) The court ruled that "[a]ny proposed petitions for rehearing filed with this Court by 2/27/2014 will be considered timely if this Court grants the petitioners' [including additional petitioner] concurrently filed motions to intervene. This order does not extend the time for filing petitions for rehearing for any petitioner who did not move to intervene by 2/27/2014." (Id.) The court also held that "[i]ssuance of the mandate is stayed pending further order of the Court." (Id.) In Baker, the Ninth Circuit panel stated that "[i]n Peruta... we concluded that the Second Amendment provides a responsible, law-abiding citizen with a right to carry an operable handgun outside the home for the purpose of self-defense. In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity. Accordingly, we vacate the district court's decision denying Baker's motion for a preliminary injunction and remand for further proceedings consistent with Peruta." Baker, at 2-3. In Baker, the Ninth Circuit's memorandum order was filed on 3/20/2014. Accordingly, in the event the State of Hawaii decides to seek a rehearing en banc by the Ninth Circuit it appears a motion to intervene and to seek petition for rehearing would have to be filed fourteen (14) days from 3/20/2014. See Fed. R. App. P. 40(a)(1). (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 76 Letter from Richard L. Holcomb - to Magistrate Judge Kevin S.C. Chang (gab, ) |
| Filing 75 EO: Pursuant to the Ninth Circuit's directive in its memorandum filed 3/20/2014, this Court notifies the State of Hawaii through its Attorney General of the ruling by the Ninth Circuit that "[i]n light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity." Baker v. Kealoha et al., No. 12-16258, at 2 (9th Cir. Mar. 20, 2014); see also Peruta v. County of San Diego, No. 10-56971, 2014 WL 555862 (9th Cir. Feb. 13, 2014). Accordingly, the State of Hawaii, which had been granted a motion for judgment on the pleadings as to all claims against it in this action, is "given an opportunity to intervene in[] further proceedings implicating the constitutionality of the state statutes." Baker, at 3 n. 1 (citing 28 U.S.C. 2403(b)). IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 74 EO:In the Ninth Circuit's memorandum filed 3/20/2014, this Court's denial of Baker's motion for preliminary injunction against several state and local government entities and officials was vacated and remanded "for further proceedings consistent with Peruta." Baker v. Kealoha et al., No. 12-16258, at 2-3 (9th Cir. Mar. 20, 2014); see also Peruta v. County of San Diego, No. 10-56971, 2014 WL 555862 (9th Cir. Feb. 13, 2014). This Court was directed on remand to "dismiss Baker's motion for a preliminary injunction with respect to his allegation that Hawaiis statutes forbid the use of handguns at firing ranges." Baker, at 4. Pursuant to the Ninth Circuit's foregoing directive and incorporating the reasoning set forth in its memorandum denying Baker's motion for preliminary injunction filed 3/20/2014 (Doc. No. 73), this Court dismisses Baker's motion for preliminary injunction with respect to "his allegation that Hawaii's statutes forbid the use of handguns at firing ranges." Baker, at 4. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants 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 73
ORDER of USCA CA 12-16258 as to # 55 Notice of Interlocutory Appeal,, filed by Christopher Baker (Attachments: # 1 Dissent)(gab, ) CERTIFICATE OF SERVICE Participants 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 72 EP: Further Status Conference Re: Stay Pending Appeal held on 1/13/2014. Counsel informed the Court that this matter has been briefed, argued and is still pending before the Ninth Circuit awaiting decision. Further Status Conference Re: Stay Pending Appeal set 7/11/14 at 9:00am before Judge Chang.(In Chambers - no record, 9:00-9:02am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
| Filing 71 EP: Typo corrected. Re # 70 Status Conference, Set Hearings. (Court Reporter Courtroom 5-No Record) (JUDGE KEVIN S.C. CHANG)(wnn, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 70 EP: Further Status Conference held on 7/17/2013. Further Status Conference Re: Stay Pending Appeal set for 1/13/2014 at 09:00 AM before JUDGE KEVIN S.C. CHANG. (Court Reporter Courtroom 5-No Record) (JUDGE KEVIN S.C. CHANG)(wnn, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 69 EO: The time for the Further Status Conference Re: Stay Pending Appeal set for 9:00am on 7/17/2013 shall be moved to 10:30 AM on 7/17/2013 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 68 EO: At Plaintiff's request, Further Status Conference Re: Stay Pending Appeal set 6/19/13 shall be continued to 7/17/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Kevin O'Grady to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
| Filing 67 EP: Status Conference Re: Stay Pending Appeal held on 12/19/2012. Court attempted to contact Plaintiff's counsel. Efforts to contact Richard Holcomb were unsuccessful. Court was informed by his office that Kevin O'Grady is out of town. Mr. Sherwood informed the Court that this matter is still pending before the Ninth Circuit and awaiting decision. Further Status Conference Re: Stay Pending Appeal set 6/19/13 at 9:00am before Judge Chang. ( C5 - no record, 9:04-9:09am.) (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 66 Certificate of Record re # 55 Notice of Interlocutory Appeal,, USCA Number: 12-16258. (lmg, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 65 EO: re 64 In addition to the Settlement Conference, Final Pretrial Conference, and Non Jury Trial being vacated, the deadlines for Dispositive Motions (6/27/12) and Discovery (9/28/12) are hereby vacated. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 64 EO: Pursuant to the Order filed 6/19/12, Status Conference Re: Stay Pending Appeal set for 12/19/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. The following dates are hereby vacated: 8/23/12, 11:00am, Settlement Conference, Judge Chang; 10/16/12, 9:00am, Final Pretrial Conference, Judge Chang; and 11/27/12, 9:00am, Non Jury Trial, Judge Kay. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants 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 63
ORDER GRANTING PLAINTIFF CHRISTOPHER BAKER'S MOTION TO STAY PROCEEDINGS # 52 . Signed by JUDGE ALAN C KAY on 06/19/2012. (eps ) CERTIFICATE OF SERVICE Participants 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 06/20/2012
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| Filing 62 TRANSCRIPT of Proceedings Pltf. MPJ; Dfts. HPD, city and county of Honolulu Mt. to dismiss complaint; Dft. Abercrombie and SOH mt. for judgment on pleadings held on March 21, 2012, - before Judge Alan C. Kay. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/17/2012. Release of Transcript Restriction set for 9/14/2012. pp. 53. (gb@hid.uscourts.gov) |
| Filing 61 STATEMENT of No Opposition re # 52 MOTION to Stay Proceedings pending appeal by filed by Honolulu, City and County of, Louis Kealoha. (Sherwood, Curtis) |
| Filing 60 TRANSCRIPT Designation and Ordering Form by Christopher Baker for proceedings held on March 21, 2012 before Judge Alan Kay, re # 56 USCA Appeal Fees, # 58 USCA Scheduling Order, # 59 Attorney Appeal Packet,, # 57 USCA Case Number, # 55 Notice of Interlocutory Appeal,, Transcript due by 6/11/2012. (Attachments: # 1 Declaration Certificate of service)(O'Grady, Kevin) |
| Filing 59 Attorney Appeal Packet re # 55 Preliminary Injunction Appeal, # 53 ; # 54 (Attachments: # 1 Instructions For Civil Appeals, # 2 Letter re Court Reporters, # 3 Instructions Transcript Designation & Ordering Form, # 4 Transcript Designation & Ordering Form, # 5 Notice of Appeal, # 6 Docket Sheet)(eps ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 58 USCA Time Schedule Order as to # 55 Preliminary Injunction Appeal, filed by Christopher Baker. (eps) No COS issued for this docket entry |
| Filing 57 USCA Case Number CA 12-16258 for # 55 Preliminary Injunction Appeal, filed by Christopher Baker. (eps ) No COS issued for this docket entry |
| CORRECTIVE ENTRY. The entry docket number # 53 Notice and # 54 Notice filed by Christopher Baker are filed incorrectly in this case. The Clerk's Office corrected the filings by entering the correct appeal event on 05/29/2012 as docket number # 55 . The correct filing event automatically notifies the Appellate Court and allows pertinent information, such as the receipt of the filing fee to be received by the Appellate Court. The filing party need not submit a corrected filing. (eps) |
| Filing 56 USCA Appeal Fees received $ 455 receipt number HI003934 re # 55 , # 54 , # 53 Notice of Interlocutory Appeal, filed by Christopher Baker (eps) No COS issued for this docket entry |
| Filing 55 NOTICE OF APPEAL : PRELIMINARY INJUNCTION APPEAL as to # 51 by Christopher Baker. Refer to entry # 53 and # 54 ; entered by counsel (eps) CERTIFICATE OF SERVICE Participants 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 |
| Filing 54 NOTICE by Christopher Baker Amended Notice of Appeal, Preliminary injunction appeal by Christopher Baker. (Attachments: # 1 Civil Cover Sheet civil appeal docketing sheet, # 2 Declaration Representation statement, # 3 Exhibit Court order denying Preliminary injunction 30 April 12, # 4 Declaration Certificate of service)(O'Grady, Kevin) |
| Filing 53 NOTICE by Christopher Baker re appeal of order denying preliminary injunction Christopher Baker. (Attachments: # 1 Civil Cover Sheet Civil Appeal Docketing sheet, # 2 Declaration Representation Statement, # 3 Exhibit #1, order denying Plaintiff's request for Preliminary Injunction entered 30 April 12, # 4 Declaration Certificate of service)(O'Grady, Kevin) |
| Filing 52 MOTION to Stay Proceedings pending appeal by Kevin Gerard O'Grady appearing for Plaintiff Christopher Baker (Attachments: # 1 Exhibit #1, Woollard v Sheridan, # 2 Exhibit #2, U.S. v Weaver, # 3 Exhibit #3, Bateman v Perdue, # 4 Exhibit #4, Scheduling order Minutes 28 Nov 11, # 5 Declaration Certificate of service)(O'Grady, Kevin) |
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Filing 51
ORDER GRANTING DEFENDANTS STATE OF HAWAII AND GOVERNOR ABERCROMBIE'S MOTION FOR JUDGMENT ON THE PLEADINGS, GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY AND COUNTY OF HONOLULU, HONOLULU POLICE DEPARTMENT AND LOUIS KEALOHA'S MOTION TO DISMISS, AND DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION re # 15 , re # 18 , re # 5 . Follows oral order of 03/21/2012.. Signed by JUDGE ALAN C KAY on 04/30/2012. (eps) -- the Court: (1) GRANTS the State Defendants' Motion for Judgment on the Pleadings; (2) GRANTS in part and DENIES in part the City Defendants' Motion to Dismiss the Complaint; and (3) DENIES Plaintiff's Motion for a Preliminary Injunction. With respect to the Motion to Dismiss, the following claims are dismissed with prejudice: (i) all claims against HPD; (ii) Counts VII, VIII, IX, and X, insofar as they allege violations of Plaintiff's Fifth Amendment rights; (iii) Count XIII (for injunctive relief); and (4) all official capacity claims against Defendant Kealoha, insofar as they seek money damages. CERTIFICATE OF SERVICE Participants 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 50 NOTICE by Christopher Baker re # 42 Memorandum in Opposition to Motion to Plaintiff's motion for preliminary injunction, re supplemental authority post-hearing in support of motion for preliminary injunction by Plaintiff Christopher Baker. (Attachments: # 1 Exhibit Exh 1 Case Bateman v Perdue)(O'Grady, Kevin) |
| Filing 49 EP: Motions Hearing held on 3/21/2012 # 5 Plaintiffs Motion for Preliminary Injunction-Oral Discussion Held. Court Hereby Denies the Motion. (Terminate Motion) # 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealohas Motion to Dismiss Complaint-Oral Discussion Held. Court Hereby Grants in Part and Denies in Part. (Terminate Motion) # 18 Defendant Neil Abercombie and State of Hawaiis Motion for Judgment on the Pleadings-Oral Discussion Held. Court Hereby Grants the Motion. (Terminate Motion) (Court Reporter Gloria Bediamol.) (JUDGE ALAN C KAY)(lls, ) No COS issued for this docket entry |
| ADVISORY ENTRY. The entry docket number # 48 Reply To Defendants' Response To Plaintiff's Motion For Preliminary Injunction, filed by Christopher Baker is filed incorrectly in this case. The filing party did not 1) associate the filing to the underlying motion # 5 , 2) describe all the attachments in the title of the document (LR10.2(c); 3) label the exhibits (LR 10.2(d), LR100.2.6). No further action necessary as to this filing at this time. (eps) |
| Filing 48 REPLY to Defendants' response to Plaintiff's motion for preliminary injunction filed by Christopher Baker. (Attachments: # 1 Exhibit US v Weaver, # 2 Exhibit Wollard v Sheridan, # 3 Exhibit Def Interrog response, # 4 Exhibit Def response prod docs, # 5 Exhibit HPD background check, # 6 Exhibit Michigan v Yanna, # 7 Supplement certificate of service)(O'Grady, Kevin) |
| Filing 47 REPLY to Response to Motion re # 15 MOTION to Dismiss Complaint filed by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha. (Attachments: # 1 Certificate of Service)(Sherwood, Curtis) |
| Filing 46 REPLY re # 18 MOTION for Judgment on the Pleadings filed by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) |
| Filing 45 Errata re # 44 Memorandum in Opposition to Motion, Filed on February 29, 2012 . (Attachments: # 1 Table of Contents and Table of Authorities, # 2 Certificate of Service)(Sherwood, Curtis) |
| Filing 44 MEMORANDUM in Opposition filed by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha. (Attachments: # 1 Declaration of Thomas Nitta, # 2 Declaration of Counsel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Certificate of Service)(Sherwood, Curtis) |
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Filing 43
ORDER GRANTING APPLICATION FOR ADMISSION PRO HAC VICE OF JONATHAN L. DIESENHAUS, ESQ. # 35 . Signed by JUDGE KEVIN S.C. CHANG on 2/27/12. (eps) CERTIFICATE OF SERVICE Participants 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 42 MEMORANDUM in Opposition re # 5 MOTION for Preliminary Injunction filed by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) |
| Filing 41 BRIEF OF AMICUS CURIAE filed by Brady Center To Prevent Gun Violence In Support of Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(eps) |
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Filing 40
ORDER GRANTING The Brady Center To Prevent Gun Violence's Motion For Leave To File An Amicus Curiae Brief In Support of Defendants re # 37 . Signed by JUDGE ALAN C KAY on 2/23/12. (eps) (Additional attachment(s) added on 2/24/2012: # 1 ORDER) . CERTIFICATE OF SERVICE Participants 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. Electronic notification regenerated on 02/24/2012. The header is corrected and the order previously filed is restricted from public view.
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| Filing 39 MEMORANDUM in Opposition to Def Gov Abercrombie's motion to dismiss filed by Christopher Baker. (O'Grady, Kevin) Modified on 2/23/2012 : creating docket entry relationship to motion # 18 (eps). |
| Filing 38 MEMORANDUM in Opposition to Defts City & County mtn to dismiss filed by Christopher Baker. (O'Grady, Kevin) Modified on 2/17/2012 : creating docketing relationship to the motion # 15 (eps) . |
| Filing 37 MOTION for Leave to File Amicus Curiae Brief - Mark M. Murakami appearing for Amicus Brady Center For Gun Violence (Attachments: # 1 Memorandum In Support, # 2 Declaration of Mark M Murakami, # 3 Exhibit A (Brief), # 4 Exhibit A, # 5 Exhibit B, # 6 Certificate of Service)(eps) |
| Filing 36 Filing fee: $ 300.00,receipt number HI002701 re # 35 for Pro Hac Vice as to Jonathan L Diesenhaus (eps) |
| Filing 35 APPLICATION To Appear Pro Hac Vice : Mark M. Murakami (local counsel) and Jonathan L Diesenhaus (PHV) requesting to appear for Amicus Brady Center For Gun Violence (Attachments: # 1 Declaration of Counsel)(eps) |
| Filing 34 CERTIFICATE OF SERVICE by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha re:Discovery Responses to Plaintiff Christopher Baker and Initial Disclosures (Sherwood, Curtis) |
| Filing 33 EO: # 18 Defendants Neil Abercombie and State of Hawaii's MOTION for Judgment on the Pleadings set for Court Hearing on 1/17/2012 is hereby continued to 3/21/2012 at 10:00 AM before JUDGE ALAN C KAY. Judge Kay is on unavailable status on 1/17/2012. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants 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 |
| Filing 32 EO: Ripe deadline re: # 5 MOTION for Preliminary Injunction and # 15 MOTION to Dismiss Complaint set for 3/21/2012. (JUDGE ALAN C KAY)(lls, ) No COS issued for this docket entry |
| Filing 31 EO: # 5 Plaintiff's MOTION for Preliminary Injunction and # 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealoha's MOTION to Dismiss Complaint set for 1/17/2012 is hereby continued to 3/21/2012 at 10:00 AM before JUDGE ALAN C KAY. Judge Kay is on unavailable status on 1/17/2012. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants 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 30
RULE 16 SCHEDULING ORDER:. Signed by JUDGE KEVIN S.C. CHANG on 11/28/11. (eps) CERTIFICATE OF SERVICE Participants 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 29 EP: Rule 16 Scheduling Conference held on 11/28/2011. Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 11/27/2012 09:00 AM before JUDGE ALAN C KAY. Final Pretrial Conference set for 10/16/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 8/23/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 6/27/2012. Discovery due by 9/28/2012. (C5 - no record, 9:00-9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
| Filing 28 INITIAL DISCLOSURE by Christopher Baker. (O'Grady, Kevin) |
| Filing 27 REPORT of Planning Meeting Discovery Plan FRCP R 26f3 . (O'Grady, Kevin) |
| Filing 26 Pretrial Conference Statement by Christopher Baker. (Attachments: # 1 Certificate of service)(O'Grady, Kevin) |
| Filing 25 CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of rESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST REQUEST FOR ADMISSIONS (Moser, Kendall) |
| Filing 24 CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of RESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (Moser, Kendall) |
| Filing 23 CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of RESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST INTERROGATORIES (Moser, Kendall) |
| Filing 22 INITIAL DISCLOSURE by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) |
| Filing 21 Scheduling Conference Statement from (DEFENDANTS STATE OF HAWAII AND NEIL ABERCROMBIE, in his official capacity as Hawaii Governor) . (Attachments: # 1 Certificate Of Service)(Moser, Kendall) |
| Filing 20 EO: re # 4 Rule 16 Scheduling Conference set 11/28/11 at 9:00am before Judge Chang. Alan Beck to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry |
| Filing 19 NOTICE of Hearing on Motion # 18 Defendants Neil Abercrombie and the State of Hawaii's MOTION for Judgment on the Pleadings set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants 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. |
| Filing 18 MOTION for Judgment on the Pleadings Kendall J. Moser appearing for Defendants Neil Abercrombie, Hawaii, State of (Attachments: # 1 Memorandum In Support Of Motion, # 2 Certificate Of Service)(Moser, Kendall) |
| Filing 17 NOTICE of Hearing on Motion # 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealoha's MOTION to Dismiss Complaint set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants 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. |
| Filing 16 CERTIFICATE OF SERVICE by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha re # 15 MOTION to Dismiss Complaint (Sherwood, Curtis) |
| Filing 15 MOTION to Dismiss Complaint Curtis E. Sherwood appearing for Defendants Honolulu Police Department, Honolulu, City and County of, Louis Kealoha (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Counsel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Sherwood, Curtis) |
| Filing 14 DEFENDANTS STATE OF HAWAII AND NEIL ABERCROMBIE'S, in his official capacity as Hawaii Governor ANSWER to # 1 Complaint FOR DEPRIVATION OF CIVIL RIGHTS, DECLARATORY AND FOR INJUNCTIVE RELIEF, AND PRELIMINARY INJUNCTION by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) |
| Filing 13 NOTICE of Hearing on Motion # 5 Plaintiff's MOTION for Preliminary Injunction set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants 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. |
| Filing 11 SUMMONS RETURNED EXECUTED by Christopher Baker. Hawaii, State of served on 8/31/2011, answer due 9/21/2011. (bbb, ) |
| Filing 10 SUMMONS RETURNED EXECUTED by Christopher Baker. Honolulu Police Department served on 8/31/2011, answer due 9/21/2011. (bbb, ) |
| Filing 9 SUMMONS RETURNED EXECUTED by Christopher Baker. Neil Abercrombie served on 8/31/2011, answer due 9/21/2011. (bbb, ) |
| Filing 8 SUMMONS RETURNED EXECUTED by Christopher Baker. Louis Kealoha served on 8/31/2011, answer due 9/21/2011. (bbb, ) |
| Filing 7 SUMMONS RETURNED EXECUTED by Christopher Baker. Honolulu, City and County of served on 8/31/2011, answer due 9/21/2011. (bbb, ) |
| Filing 12 NOTICE of Case Reassignment: Please reflect new Civil Case Number CIV 11-00528 ACK-KSC on all further documents and pleadings . Please disregard the Notice of Assignment to Magistrate Judge. This Civil Case has been reassigned to JUDGE ALAN C KAY.. (eps) CERTIFICATE OF SERVICE Participants 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 09/02/2011. |
| Filing 5 MOTION for Preliminary Injunction Kevin Gerard O'Grady, Richard L. Holcomb, Alan A. Beck appearing for Plaintiff Christopher Baker (Attachments: # 1 Memorandum In Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 2 (Part 2), # 5 Declaration of Christopher Baker, # 6 Declaration Richard L Holcomb, # 7 Notice of Hearing, # 8 Certificate of Service)(eps) |
|
Filing 4
Order Setting Rule 16 Scheduling Conference for 09:00AM on 11/28/2011 before JUDGE KEVIN S.C. CHANG.. by JUDGE SUSAN OKI MOLLWAY on 08/30/11. (Attachments: # 1 Memorandum re: Corporate Disclosure Statements)(eps)
|
| Filing 3 Filing fee: $ 350.00,receipt number HI000889 re # 1 (eps) |
| Filing 2 Summons Issued as to Louis Kealoha. (Attachments: # 1 Summons (issued) as to State of Hawaii, # 2 Summons (issued)as to C&C Honolulu, # 3 Summons (issued) as to Honolulu Police Department, # 4 Summons (issued)as to Neil Abercrombie)(eps) |
| Filing 1 COMPLAINT For Deprivation Of Civil Rights, Declaratory and for Injunctive Relief, and Preliminary Injunction, filed by Christopher Baker. (Attachments: # 1 Civil Cover Sheet)(eps) |
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