STONE v. U.S. EMBASSY TOKYO et al
| JACK STONE |
| UNITED STATES DEPARTMENT OF STATE CA/OCS/CI and U.S. EMBASSY TOKYO |
| 1:2019cv03273 |
| October 30, 2019 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Other Statutory Actions |
| None |
Docket Report
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| MINUTE ORDER finding as moot #77 Motion to Appoint Counsel. (See doc 77 for details). (So Ordered Judge Rudolph Contreras on 12/15/19). (tj) |
| Set/Reset Deadlines: Responses due by 1/16/2020. (tj) |
MINUTE ORDER: In light of the fact that the transferor court did not address the merits of Plaintiff's claims, Defendant is hereby ORDERED to file, on or before January 16, 2020, a substantive response to all of Plaintiff's various pleadings to date. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2019. (lcrc1)
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| Filing 84 AFFIDAVIT of Mailing by JACK STONE. "LET THIS BE FILED" by Judge Rudolph Contreras on 12/16/2019. (ztth) |
| Filing 83 SUPPLEMENTAL Declaration filed by JACK STONE. "LEAVE TO FILE GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 82 MOTION to Compel by JACK STONE. "LEAVE TO FILE GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 81 MOTION to Amend/Correct Second Amended Complaint by JACK STONE. (Attachment: #1 Exhibit - Second Amended Complaint); "LEAVE TO FILE GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 80 SUPPLEMENTAL Declaration to re #47 filed by JACK STONE. "LEAVE TO FILE GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 79 MOTION to Compel by JACK STONE. "LEAVE TO FILE MOTION GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 78 MOTION to Amend/Correct #72 Amended Complaint by JACK STONE (Attachments: #1 Exhibit Amended Complaint); "LEAVE TO FILE GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 77 MOTION to Appoint Pro Bono Counsel by JACK STONE. "LEAVE TO FILE GRANTED - Denied as moot. The Court has already made such an appointment." By Judge Rudolph Contreras on 12/15/2019. (ztth) |
| Filing 76 MOTION for CM/ECF Password by JACK STONE. "LEAVE TO FILE MOTION GRANTED" by Judge Rudolph Contreras on 12/15/2019. (ztth); Modified text on 12/17/2019 (ztth). |
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Filing 75
ORDER granting #69 Plaintiff's Motion for Court-Appointed Counsel. Signed by Judge Rudolph Contreras on 11/25/2019. (lcrc1)
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| Filing 74 LEAVE TO FILE DENIED - Plaintiff's Emergency Motion to Reissue Minor's Passport in CV 19-00065 USDC for the District of Hawaii. This document is unavailable as the Court denied its filing. "LEAVE TO FILE DENIED" by Judge Rudolph Contreras on 11/18/2019. Signed by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 73 MOTION to Compel by JACK STONE. "LET THIS BE FILED" by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 72 AMENDED COMPLAINT against U.S. EMBASSY TOKYO, UNITED STATES DEPARTMENT OF STATE CA/OCS/CI filed by JACK STONE. "LET THIS BE FILED" by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 71 Letter (Email) from Jack Stone. "LET THIS BE FILED" by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 70 MOTION for CM/ECF Password by JACK STONE. "LET THIS BE FILED" by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 69 MOTION to Appoint Pro Bono Counsel by JACK STONE. "LET THIS BE FILED" by Judge Rudolph Contreras on 11/18/2019. (ztth) |
| Filing 68 CERTIFICATE OF SERVICE by U.S. EMBASSY TOKYO, UNITED STATES DEPARTMENT OF STATE CA/OCS/CI . (Palmer-Ball, Katherine) |
| Filing 67 NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) |
| Filing 66 Case transferred in from District of Hawaii; Case Number 1:19-cv-00065. Original file certified copy of transfer order and docket sheet received. |
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Filing 65
ORDER TERMINATING PRO BONO REPRESENTATION, signed by JUDGE JILL A. OTAKE on 10/28/2019. (apg, ) [Transferred from Hawaii on 10/30/2019.]
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Filing 64
ORDER (1) DENYING PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT AND (2) TRANSFERRING ACTION re: #45 - Signed by JUDGE JILL A. OTAKE on 10/28/2019.In accordance with the foregoing, the Court DENIES Plaintiff's Emergency Motion and TRANSFERS this action to the United States District Court for the District of Columbia. (jo) [Transferred from Hawaii on 10/30/2019.]
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Filing 63
STIPULATION REGARDING EX PARTE MOTION TO FILE UNDER SEAL CONFIDENTIAL DOCUMENTS TO PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT; ORDER re #47 - Signed by JUDGE JILL A. OTAKE. (jo) [Transferred from Hawaii on 10/30/2019.]
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| Filing 62 EP: Hearing on #45 Plaintiff's Emergency Motion to Reissue Minor's Passport was held.Oral arguments heard. #45 Plaintiff's Emergency Motion to Reissue Minor's Passport - TAKEN UNDER ADVISEMENT. Court to issue a written order.(Court Reporter Ann Matsumoto.) (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 61 EO: Plaintiff should be prepared to address the following question at the 10/25/19 hearing: Is this a damages case, and if so, what is the requested amount? Defendants should be prepared to address the following question at the 10/25/19 hearing: Does the Little Tucker Act, 28 U.S.C. 1346(a)(2), cover civil actions founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, not merely contract actions against the United States for money damages? (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 60 REPLY to Response to Motion re #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, filed by Jack Stone. (Attachments: #1 Certificate of Compliance with Word Count, #2 Certificate of Service)(Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 59 RESPONSE to Motion re #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, ; COS filed by U.S. Embassy Tokyo, United States Department of State CA/OCS/CI. (Attachments: #1 Exhibit "1")(Butler, Jeremy) [Transferred from Hawaii on 10/30/2019.] |
| Filing 58 EO: Without leave of court, on 10/15/19, Plaintiff filed #56 Supplemental Declarations of Glenn T. Melchinger and Jack Stone in Support of Plaintiff's Emergency Motion to Reissue Minor's Passport, along with six exhibits. Planitiff's declaration contains arguments that could have and should have been presented in his Emergency Motion and nearly all of the exhibits attached to the declarations were available prior to the filing of the Emergency Motion on 10/9/19. Plaintiff is cautioned that no further supplemental submissions related to his Emergency Motion will be permitted unless authorized by the Court. Plaintiff is also reminded that his "reply must respond only to arguments raised in the opposition. Any argument raised for the first time in the reply shall be disregarded." Local Rule 7.2.(JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 57 EO: On 10/10/19, Plaintiff filed an #47 Ex Parte Motion to File Under Seal Confidential Documents to Plaintiff's Emergency Motion to Reissue Minor's Passport. The Motion suffers from several procedural flaws: (1) it is improperly designated as ex parte; (2) Plaintiff failed to file a declaration explaining why a stipulation or motion could not be submitted; (3) Plaintiff did not provide the government's position with respect to his request, see Local Rule 7.10; and (4) Plaintiff's submissions violate Local Rule 5.2. For these reasons, the Court declines to consider this Motion until Plaintiff complies with the requirements set forth in Local Rule 5.2(c). Also, Plaintiff seeks protection for exhibits irrelevant to the underlying Emergency Motion, such as his son's educational materials (totaling approximately 108 pages), Local Rule 10.2(d) (explaining that exhibits should not be unnecessarily voluminous), and photos. Plaintiff's submissions, particularly those he wishes to file under seal, should be germane to the limited issue presented in the Emergency Motion. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 56 STATEMENT in Support re #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, [SUPPLEMENTAL DECLARATIONS OF GLENN T. MELCHINGER AND JACK STONE IN SUPPORT OF PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT], filed by Jack Stone. (Attachments: #1 Supplemental Declaration of Jack Stone, #2 Exhibit C - Declaration of Steven C. Silver; List of Translated Documents, #3 Exhibit 17 - English translation of Power of Attorney (Page 3, ECF 45-19), #4 Exhibit 26 - Resident Registration Certificate, #5 Exhibit 27 - 9/24 & 10/3/2019 S. Kinoshita emails, and 10/3/2019 J. Stone email, #6 Exhibit 28 - 10/4/2019 Email to US Embassy, #7 Exhibit 29 - 10/8/2019 Sendai Family Court document, #8 Certificate of Service)(Melchinger, Glenn) (Attachment 2 replaced on 10/16/2019) (mta, ). (Attachment 5 replaced on 10/16/2019) (mta, ). (Attachment 6 replaced on 10/16/2019) (mta, ). [Transferred from Hawaii on 10/30/2019.] |
| Filing 54 NOTICE of Appearance by Jeremy J. Butler on behalf of U.S. Embassy Tokyo, United States Department of State CA/OCS/CI on behalf of U.S. Embassy Tokyo, United States Department of State CA/OCS/CI. (Butler, Jeremy) [Transferred from Hawaii on 10/30/2019.] |
| Filing 53 EO: Plaintiff's #45 Emergency Motion to Reissue Minor's Passport is set for hearing at 10:30 a.m. on 10/25/19. Defendants' Opposition is due by noon on 10/18/19. Plaintiff's Reply is due by noon on 10/22/19. Defense counsel is to file his notice of appearance by 10/11/19, as he represented he would do at the 10/10/19 status conference.(JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| COURT'S CERTIFICATE of Service - a copy of #48 Minutes from Status Conference held on 10/10/2019; and 53 Entering Order filed 10/11/2019, has been served by email on AUSA Jeremy Butler at jeremy.butler@usdoj.gov on 10/11/2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 52 Declaration re #43 Summons Issued as to USA, #39 Amended Complaint, [COUNSEL'S DECLARATION REGARDING SERVICE]. (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 51 CERTIFICATE OF SERVICE by Jack Stone re #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, , #47 Ex Parte MOTION to Seal Document #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, [EX PARTE MOTION TO FILE UNDER SEAL CONFIDENTIAL DOCUMENTS TO PLAINTIFF'S EMERGENCY M [and FILED UNDER SEAL Declaration of Jack Stone and Exhibits 10 - 15, 20 and 22]. (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 50 SUMMONS Returned Executed by Jack Stone. U.S. Embassy Tokyo served on 10/10/2019 . (Melchinger, Glenn) Modified on 10/11/2019 (emt, ). [Transferred from Hawaii on 10/30/2019.] |
| Filing 49 SUMMONS Returned Executed by Jack Stone. United States Department of State CA/OCS/CI served 10/10/2019 . (Melchinger, Glenn) Modified on 10/11/2019 (emt, ). [Transferred from Hawaii on 10/30/2019.] |
| Filing 48 EP: Status Conference held.AUSA Jeremy Butler participated by telephone.Discussion held re: Plaintiff's Emergency Motion to Reissue Minor's Passport. (Court Reporter Debi Read.) (JUDGE JILL A. OTAKE)(shm) (shm, ).[Transferred from Hawaii on 10/30/2019.] |
| Filing 47 Ex Parte MOTION to Seal Document #45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, [EX PARTE MOTION TO FILE UNDER SEAL CONFIDENTIAL DOCUMENTS TO PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT], Glenn T. Melchinger appearing for Plaintiff Jack Stone (Attachments: #1 Declaration of Glenn T. Melchinger, #2 [Proposed] Order Granting Ex Parte Motion to File Under Seal Confidential Documents to Plaintiff's Emergency Motion to Reissue Minor's Passport)(Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 46 EO: Status Conference is set for 10/10/2019 at 11:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. AUSA Jeremy Butler may participate in the status conference by telephone and will be contacted at the telephone number which was provided to the Courtroom Manager. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 45 MOTION PLAINTIFF'S EMERGENCY MOTION TO REISSUE MINOR'S PASSPORT re #39 Amended Complaint, Glenn T. Melchinger appearing for Plaintiff Jack Stone (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Jack Stone - REDACTED, #3 Exhibit 1 - Photos of current living conditions, #4 Exhibit 2 - 9/3/2019 JCA Dismissal Notice, #5 Exhibit 3 - M.S. Passport (ECF 1-1), #6 Exhibit 4 - 10/20/2017 Suzuki Visa Receipt No. LIN1890040534, #7 Exhibit 5 - 3/11/2018 Suzuki Passport re Honolulu Entry, #8 Exhibit 6 - 5/30/2018 Suzuki Visa approval, #9 Exhibit 7 - Photos of frostbite (ECF 11-2), #10 Exhibit 8 - Photos of Suzuki Home, #11 Exhibit 9 - Photos of gloves & suitcase, #12 Exhibit 10 - FILED UNDER SEAL, #13 Exhibit 11 - FILED UNDER SEAL, #14 Exhibit 12 - FILED UNDER SEAL, #15 Exhibit 13 - FILED UNDER SEAL, #16 Exhibit 14 - FILED UNDER SEAL, #17 Exhibit 15 - FILED UNDER SEAL, #18 Exhibit 16 - 1/14/2019 Suzuki email to leave Japan, #19 Exhibit 17 - Photos of Suzuki re paperwork, #20 Exhibit 18 - 4/10/2019 Divorce Agreement, #21 Exhibit 19 - Photo of M.S.'s neck (ECF 23-3), #22 Exhibit 20 - FILED UNDER SEAL, #23 Exhibit 21 - 9/12/2019 Kinoshita email exchange, #24 Exhibit 22 - FILED UNDER SEAL, #25 Exhibit 23 - Photo of Suzuki's mother with Court notice, #26 Exhibit 24 - 2/8/2019 Tokyo Embassy appointment & receipt, #27 Exhibit 25 - 6/4/2019 US Embassy Tokyo passport application denied, #28 Declaration of Glenn T. Melchinger, #29 Exhibit A - Hague International Child Abduction Convention, #30 Exhibit B - July 2018 Action Report on International Child Abduction)(Melchinger, Glenn) (Attachment 6 replaced on 10/10/2019) (mta, ). (Attachment 29 replaced on 10/10/2019) (mta, ). Pursuant to Stipulation, ECF #63 , additional SEALED attachments added on 10/29/2019: #31 Exhibit 10, #32 Exhibit 11, #33 Exhibit 12, #34 Exhibit 13, #35 Exhibit 14, #36 Exhibit 15, #37 Exhibit 20, #38 Exhibit 22) (jo) [Transferred from Hawaii on 10/30/2019.] |
| Filing 44 SUMMONS Returned Executed by Jack Stone. All Defendants U.S. Attorney, District of Hawaii served on 10/8/2019 . (Melchinger, Glenn) Modified on 10/9/2019 (emt, ). [Transferred from Hawaii on 10/30/2019.] |
| Filing 43 Summons Issued as to U.S. Attorney General and United States Department of State. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 42 Summons Issued as to U.S. Attorney, District of Hawaii. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 41 Summons (Proposed) (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 40 Summons (Proposed) (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 39 SECOND AMENDED COMPLAINT ; SUMMONS IN A CIVIL CASE, against U.S. Embassy Tokyo, United States Department of State CA/OCS/CI, filed by Jack Stone.(Melchinger, Glenn) Modified on 10/8/2019 (Proposed) Summonses are filed separately (emt, ). [Transferred from Hawaii on 10/30/2019.] |
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Filing 38
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT re #37 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/7/2019. (emt, ) [Transferred from Hawaii on 10/30/2019.]
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| Filing 37 MOTION for Leave to File Second Amended Complaint [PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT], Glenn T. Melchinger appearing for Plaintiff Jack Stone (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Glenn T. Melchinger, #3 Exhibit A - Proposed Second Amended Complaint, #4 Exhibit B - Redline of FAC compare to SAC)(Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 36 EO: On 10/1/19 Plaintiff filed a #32 Second Amended Complaint. However, Plaintiff did not seek or obtain leave of court to do so. Fed. R. Civ. P. 15(a)(1)-(2) (allowing amendment once as a matter of course, but requiring the opposing party's written consent or the court's leave in all other cases). Accordingly, the Court HEREBY STRIKES the #32 Second Amended Complaint. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 35 Summons Issued as to U.S. Embassy Tokyo, United States Department of State CA/OCS/CI. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 34 CIVIL Cover Sheet by Jack Stone. (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 33 Summons (Proposed) (Melchinger, Glenn) [Transferred from Hawaii on 10/30/2019.] |
| Filing 32 stricken, pursuant to ECF No. 36 Minute Order SECOND AMENDED COMPLAINT ; SUMMONS IN A CIVIL ACTION, against U.S. Embassy Tokyo, United States Department of State CA/OCS/CI, filed by Jack Stone.(Melchinger, Glenn) Modified on 10/2/2019 (emt, ). Modified on 10/2/2019 -- The (Proposed) Summons was submitted as separate docket entry, see ECF No. #33 (emt, ). Modified on 10/3/2019 (emt, ). [Transferred from Hawaii on 10/30/2019.] |
| Filing 31 EO: On 7/1/19, Plaintiff filed a document titled "Plaintiff Consents to Appointment of Esq. Glenn T. Melchinger," wherein he again requests emergency relief in the form of an order compelling Defendants to issue his minor child's passport. ECF No. 30 at 2. On 6/13/19, the Court issued an Entering Order ("EO") denying Plaintiff's Motion for Emergency Relief on the basis that Defendants have yet to be served. ECF No. 27. The present record indicates that Defendants remain unserved. Therefore, Plaintiff's request is again DENIED. Moreover, now that the Court has appointed pro bono counsel, Plainitff may not "appear or act in his... own behalf in the action, or take any step therein, unless an order of substitution shall first have been made by the court, after notice to the attorney of such party, and to all parties." Local Rule 83.6(a). The Court has the discretion to "strike any document filed by a party on his... own behalf when the party is represented by counsel in the action." Id. Plaintiff is cautioned that any future filings not submitted through counsel may be stricken. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 10/30/2019.] |
| Filing 30 Plaintiff CONSENTS to Appointment of Esq. Glenn T. Melchinger re #26 - filed by Jack Stone. (Attachments: #1 Exhibit A (1), #2 Exhibit A (2), #3 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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Filing 29
ORDER GRANTING PLAINTIFF'S MOTION FOR PERMISSION TO ELECTRONICALLY FILE re #24 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/18/2019. (emt, )COURT'S CERTIFICATE of Service - Jack Stone served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) and electronically to the email address stack.jones@mail.com on June 18, 2019. A copy of the Court's CM/ECF Registration Form shall be included in the mailing to Mr. Stone. Additionally, the form shall be emailed to Mr. Stone at stack.jones@mail.com. Registered Participants of CM/ECF received the Order electronically to the email addresses listed on the Notice of Electronic Filing. [Transferred from Hawaii on 10/30/2019.]
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| Filing 27 EO: On 6/12/19, Plaintiff filed a Motion for Emergency Injunctive Relief. Federal Rule of Civil Procedure ("FRCP") 65(b) authorizes the Court to issue a TRO without notice to the adverse party or its attorney only if: "(A) specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b). Plaintiff has not satisfied the foregoing requirements. Moreover, the present circumstances do not fall within the extremely limited circumstances contemplated by FRCP 65(b). Reno Air Racing Ass'n., Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006) (identifying two circumstances where ex parte TROs are proper: 1) "notice to the adverse party is impossible either because the identity of the adverse party is unknown or because a known party cannot be located in time for a hearing" and 2) "notice to the defendant would render fruitless the further prosecution of the action," and with respect to the latter, a plaintiff "must show that [the] defendants would have disregarded a direct court order and disposed of the goods within the time it would take for a hearing... [and] must support such assertions by showing that the adverse party has a history of disposing of evidence or violating court orders or that persons similar to the adverse party have such a history"). Defendants have yet to be served with the First Amended Complaint and summons and it does not appear that Plaintiff served Defendants with this Motion. In light of the nature of the dispute, Defendants should be given an opportunity to respond. For these reasons, the Court DENIES the Motion for Emergency Injunctive Relief. Earlier today, the Court issued an #26 Order Appointing Pro Bono Representation. Plaintiff should expect communication from pro bono counsel. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 10/30/2019.] |
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Filing 26
ORDER Appointing Pro Bono Counsel.Having previously referred this matter to the Civil Litigation Pro Bono Panel, ECF No. 20, and having received Glenn T. Melchinger, Esq.'s June 7, 2019 letter accepting representation subject to Plaintiff Jack Stone's consent, the Court HEREBY APPOINTS Mr. Melchinger as Pro Bono Counsel on behalf of Plaintiff. See Rule 3(E), Rules for Civil Pro Bono Panel for the District Court for the District of Hawaii. Signed by JUDGE JILL A. OTAKE on 6/13/2019. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 10/30/2019.]
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| COURT'S CERTIFICATE of Service - a copy of 27 Entering Order dated June 13, 2019, has been served by on Plaintiff Jack Stone at stack.jones@mail.com on 6/13/2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (shm) [Transferred from Hawaii on 10/30/2019.] |
| Filing 24 MOTION for Permission to Electronically File - by Plaintiff Jack Stone. (Attachments: #1 (Proposed) Order) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 23 MOTION for Emergency Injunctive Relief - by Plaintiff Jack Stone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 22 NOTICE of Change of Address - by Jack Stone. (Attachments: #1 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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Filing 21
ORDER REASSIGNING MAGISTRATE JUDGE RICHARD L. PUGLISI'S REFERRED CIVIL CASES - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/8/2019. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 19-00065 JAO-WRP on all further pleadings, EFFECTIVE May 13, 2019 . (emt, )COURT'S CERTIFICATE of Service - Jack Stone served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 23, 2019. [Transferred from Hawaii on 10/30/2019.]
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| COURT'S CERTIFICATE of Service - a copy of #19 ORDER VACATING JUDGMENT AND GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS and #20 ORDER APPOINTING COUNSEL AND REFERRING CASE TO PRO BONO PANEL has been served by First Class Mail to Jack Stone at the address of record on May 23, 2019. The #20 ORDER APPOINTING COUNSEL AND REFERRING CASE TO PRO BONO PANEL was served electronically to the Pro Bono Liaison and Pro Bono Coordinator to the email addresses listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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Filing 20
ORDER APPOINTING COUNSEL AND REFERRING CASE TO PRO BONO PANEL - Signed by JUDGE JILL A. OTAKE on 5/22/2019. Appointment shall be limited to: (1) negotiating and/or discussing matters concerning the issuance of the minor child's passport with the Department of State and/or the U.S. Embassy in Tokyo and (2) assisting with the preparation of a motion for emergency relief, if appropriate. (emt, ) [Transferred from Hawaii on 10/30/2019.]
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Filing 19
ORDER VACATING JUDGMENT AND GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS re #18 - Signed by JUDGE JILL A. OTAKE on 5/22/2019. (emt, ) [Transferred from Hawaii on 10/30/2019.]
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| Filing 18 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Jack Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 17 Plaintiff IFP Refiling and RESPONSE to (DE #14 ) - filed by Jack Stone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 16 (Clerk's Judgment vacated, pursuant to ECF No. #19 ORDER VACATING JUDGMENT AND GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS): CLERK'S JUDGMENT entered on 5/7/2019 pursuant to ECF No. #15 ORDER DISMISSING ACTION WITHOUT PREJUDICE. (emt, ) Modified on 5/23/2019 (emt, ). [Transferred from Hawaii on 10/30/2019.] |
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Filing 15
ORDER DISMISSING ACTION WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 5/7/2019. (emt, ) [Transferred from Hawaii on 10/30/2019.]
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| COURT'S CERTIFICATE of Service - a copy of #15 ORDER DISMISSING ACTION WITHOUT PREJUDICE and #16 Clerk's Judgment have been served by First Class Mail to Jack Stone at the address of record on May 7, 2019. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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Filing 14
ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS re #12 - Signed by JUDGE JILL A. OTAKE on 4/1/2019. In accordance with the foregoing, Court DENIES WITHOUT PREJUDICE Plaintiff's IFP Application. If Plaintiff elects to file a new IFP Application, he must do so by May 1, 2019. To be timely filed, the document must be received by May 1, 2019. If Plaintiff wishes to proceed without filing a new IFP Application, he must remit the applicable filing fee by May 1, 2019. Plaintiff is cautioned that failure to timely file an IFP Application or pay the applicable filing fee will result in the automatic dismissal of this action. (emt, )COURT'S CERTIFICATE of Service - Jack Stone served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 1, 2019. A copy of the Court's Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Mr. Stone. [Transferred from Hawaii on 10/30/2019.]
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| Filing 13 EO: The Rule 16 Scheduling Conference set for 4/3/2019 is VACATED and will be reset as appropriate following screening and service of the amended complaint. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 10/30/2019.] |
| Filing 12 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Jack Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 11 FIRST AMENDED COMPLAINT against All Defendants - filed by Jack Stone. (Attachments: #1 First Amended Complaint Exhibits List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 10 EO: The Court received an 9 email from Plaintiff on 3/5/19, which is a forwarded email from the U.S. Embassy in Tokyo. Plaintiff is advised that evidence and submissions provided via email will not be considered. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 10/30/2019.] |
| Filing 8 EO: The Court received an email from Plaintiff on 3/4/19 with his First Amended Complaint and related exhibits attached. Plaintiff requested that the documents be accepted as "courtesy copies." Any documents to be filed must be submitted to the clerk's office. Unless and until the documents are received by the clerk's office, they are not deemed filed, and will not be addressed. Submissions to the Court's email orders inbox should be limited to proposed orders and stipulations. Local Rule 100.8.3. The Court's orders inbox "shall not be used for submitting correspondence to the court." Id. Plaintiff is reminded that any motion for emergency relief must be submitted independently of his pleadings and must comply with all applicable rules. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 10/30/2019.] |
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Filing 6
ORDER (1) DISMISSING COMPLAINT; (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; AND (3) DENYING EMERGENCY INJUNCTIVE RELIEF re #4 - Signed by JUDGE JILL A. OTAKE on 2/8/2019. In accordance with the foregoing, Court: (1) DISMISSES the Complaint with leave to amend; (2) DENIES Plaintiff's IFP Application; and (3) DENIES emergency injunctive relief. If Plaintiff elects to file an amended complaint, he must comply with the following requirements: (1) Plaintiff's deadline to file an amended complaint is March 8, 2019 ; (2) Plaintiff's amended complaint should be titled "First Amended Complaint"; (3) Plaintiff must cure the deficiencies identified above; and (4) Plaintiff must file an IFP Application with the amended complaint or pay the applicable filing fee. Plaintiff is cautioned that failure to timely file an amended pleading that conforms with this Order and file an IFP Application or pay the applicable filing fee will result in the automatic dismissal of this action. (emt, ) [Transferred from Hawaii on 10/30/2019.]
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| COURT'S CERTIFICATE of Service - the #6 ORDER (1) DISMISSING COMPLAINT; (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; AND (3) DENYING EMERGENCY INJUNCTIVE RELIEF was served by email to Jack Stone at stack.jones@mail.com on February 8, 2019. A copy of the Court's Application to Proceed in District Court Without Prepaying Fees or Costs form was included in the email to Mr. Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 4/3/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/6/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Intake Staff mailed a copy of the Order to Plaintiff Jack Stone on February 6, 2019. [Transferred from Hawaii on 10/30/2019.]
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| Filing 4 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Jack Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 3 CIVIL Cover Sheet - by Jack Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 2 Transmittal Letter from Jack Stone. (emt, ) [Transferred from Hawaii on 10/30/2019.] |
| Filing 1 COMPLAINT against All Defendants - filed by Jack Stone. "Petitioner Seeks Emergency Order to Compel the U.S. Department of State, and the U.S. Embassy in Tokyo in Japan to Issue Replacement Passport for Petitioner's Minor Child Who Was Brought to Japan in Violation of 18 U.S.C. 1204" (Attachments: #1 Exhibit A, #2 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/30/2019.] |
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