De-Occupy Honolulu et al v. City and County of Honolulu et al

Defendant: John Does 1-50, City and County of Honolulu, Trish Morikawa, Larry Santos and Westley Chun
Plaintiff: De-Occupy Honolulu, Catherine Russell, Christopher Smith, Andrew Smith, Madori Rumpungworn and John Does 1-50
Case Number: 1:2012cv00668
Filed: December 12, 2012
Court: Hawaii District Court
Office: Hawaii Office
County: Honolulu
Referring Judge: KEVIN S.C. CHANG
Presiding Judge: J. MICHAEL SEABRIGHT
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

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Date Filed#Document Text
May 21, 2013 125 Opinion or Order of the Court ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT re 84 - Signed by JUDGE J. MICHAEL SEABRIGHT on 5/21/13. "Based on the above, the court GRANTS in part and DENIES part Defen dants' Motion to Dismiss the SAC. Remaining in this action are Counts IIII, VI-IX, XI, and XII of the SAC as to all Defendants, and Counts XIII and XV as to all Defendants except Shimizu. The remaining federal claims (Counts I-III) stand as to t he City to the extent they seek compensatory damages and injunctive relief only, and as to the Individual Defendants in their personal capacities to the extent they seek damages. By June 10, 2013, Plaintiffs may file a Third Amended Complaint as to Count V (conspiracy pursuant to 42 U.S.C. § 1983), Count XIV (negligent supervision and training), and Count XVI (fraud), as well as to Counts XIII (negligence) and Count XV (Trespass to Chattels) as to Shimizu. Plaintiff is notifi ed that a Third Amended Complaint will supersede the SAC. Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the court will treat the SAC as nonexiste nt. Ferdik, 963 F.2d at 1262. Leave to amend is limited to the claims addressed in this Order; if Plaintiffs wish to assert any new claims, they must comply with Rules 15 and/or 16. If Plaintiffs fail to file a Third Amended Complaint by June 10, 2013, this action will proceed as to the claims remaining in the SAC. " (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
May 21, 2013 126 Opinion or Order of the Court ORDER DENYING PLAINTIFFS' SUPERCEDING MOTION FOR PRELIMINARY INJUNCTION, DOC. NO. 85 , ON PLAINTIFFS' FACIAL CONSTITUTIONAL CHALLENGES re 85 - Signed by JUDGE J. MICHAEL SEABRIGHT on 5/21/13. (emt, )CERTIFICAT E 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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Defendant: John Does 1-50
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Defendant: City and County of Honolulu
Represented By: Robert B. Black
Represented By: D. Scott Dodd
Represented By: Ernest H. Nomura
Represented By: Laura L.M. Yoshida
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Defendant: Trish Morikawa
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Defendant: Larry Santos
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Defendant: Westley Chun
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Plaintiff: De-Occupy Honolulu
Represented By: Richard L. Holcomb
Represented By: Brian J. Brazier
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Plaintiff: Catherine Russell
Represented By: Richard L. Holcomb
Represented By: Brian J. Brazier
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Plaintiff: Christopher Smith
Represented By: Richard L. Holcomb
Represented By: Brian J. Brazier
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Plaintiff: Andrew Smith
Represented By: Richard L. Holcomb
Represented By: Brian J. Brazier
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Plaintiff: Madori Rumpungworn
Represented By: Richard L. Holcomb
Represented By: Brian J. Brazier
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Plaintiff: John Does 1-50
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