Brown v. Chinen et al
Plaintiff: David Brown
Defendant: Melanie Chinen, Bob Awana, Laura Thielen, Peter Young, Robert A. Masuda, Nancy McMahon, Melissa Kirkendall, Ashley Chinen, Does 1-20 and State of Hawaii
Case Number: 1:2007cv00556
Filed: November 7, 2007
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: ALAN C KAY
Presiding Judge: LESLIE E KOBAYASHI
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 28, 2011 Opinion or Order Filing 356 ORDER GRANTING DEFENDANT'S AMENDED MOTION FOR RECONSIDERATION OF ORDER DENYING THE STATE OF HAWAII'S MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AND MOTION FOR LEAVE TO TAKE RULE 69 DEPOSITION OF PLAINTIFF : 349 348 re 347 . Signed by JU DGE LESLIE E. KOBAYASHI on 2/28/11. (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
December 30, 2010 Opinion or Order Filing 347 ORDER DENYING THE STATE OF HAWAII'S 332 MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AND 336 MOTION FOR LEAVE TO TAKE RULE 69 DEPOSITION OF PLAINTIFF BROWN. Signed by Judge LESLIE E. KOBAYASHI on December 30, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 6, 2010 Opinion or Order Filing 330 ORDER DENYING DEFENDANT'S MOTION FOR SUBSTITUTION OR JOINDER 324 . Signed by JUDGE LESLIE E KOBAYASHI on 10/6/10. (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
May 3, 2010 Opinion or Order Filing 322 ORDER ADOPTING REPORT OF SPECIAL MASTER ON DEFENDANT MELANIE CHINEN'S MOTION FOR AWARD OF ATTORNEY'S FEES AND MOTION FOR SANCTIONS PURSUANT TO FRCP 11 309 , 313 . Signed by JUDGE ALAN C KAY on 5/3/10. (eps ) -- The Spec ial Master's Report is hereby ADOPTED in its entirety CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 05/04/2010 .
March 30, 2010 Opinion or Order Filing 321 ORDER ADOPTING REPORTS OF SPECIAL MASTER re 301 ; re 311 .. Signed by JUDGE ALAN C KAY on 3/30/2010. (eps ) -- "Report of Special Master on Plaintiff's Motion for Attorney Fees and Plaintiff's Objections to Defendant State's Bill of Costs" and the "Amendment to Report of Special Master on Plaintiff's Motion for Attorney Fees and Plaintiff's Objections to Defendant State's Bill of Costs" are adopted CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 03/31/2010
March 29, 2010 Opinion or Order Filing 319 ORDER ADOPTING MAGISTRATE JUDGES FINDINGS AND RECOMMENDATIONS for 312 ,. Signed by JUDGE ALAN C KAY on 3/29/10. (eps ) -- "Findings and Recommendation To Grant State Defendants' Motion To Set Aside Clerk's Costs Taxed" are adopted CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 03/30/2010
March 16, 2010 Opinion or Order Filing 317 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION for 303 . Signed by JUDGE ALAN C KAY on 3/16/10. (eps ) -- the "Findings and Recommendation To Grant Defendant Melanie Chinen's Motion to Limit, Set Aside in Part, or Reconsider Bill of Costs" are adopted as the opinion and order of this Court CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 03/17/2010
March 5, 2010 Opinion or Order Filing 312 FINDINGS AND RECOMMENDATIONS TO GRANT STATE DEFENDANTS' MOTION TO SET ASIDE CLERK'S COSTS TAXED re 297 , 292 . Signed by JUDGE LESLIE E KOBAYASHI on 3/5/10. (eps )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
February 18, 2010 Opinion or Order Filing 303 FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANT MELANIE CHINEN'S MOTION TO LIMIT, SET ASIDE IN PART, OR RECONSIDER BILL OF COSTS re 295 292 .. Signed by JUDGE LESLIE E KOBAYASHI on 2/17/10. (eps )-- The parties are advis ed that any objection to this Finding and Recommendation is due seventeen calendar days after being served with a copy of this Findings and Recommendation. See Fed. R. Civ. P. 5 (b)(2) & 6(d); Local Rule LR74.2. If an objection is filed with the Cour t, it shall be captioned "Objections to Magistrate Judge's Findings and Recommendation." 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
January 26, 2010 Opinion or Order Filing 293 ORDER ADOPTING REPORT OF SPECIAL MASTER ON PLAINTIFF'S OBJECTIONS TO DEFENDANT MELANIE CHINEN'S BILL OF COSTS 282 . Signed by JUDGE ALAN C KAY on 1/26/10. (eps ) -- tax costs in favor of Melanie Chinen, in her individual capacity, and against Plaintiff in the amount of $7,738.46 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
December 30, 2009 Opinion or Order Filing 282 REPORT OF SPECIAL MASTER ON PLAINTIFF'S OBJECTIONS TO 211 DEFENDANT MELANIE CHINEN'S BILL OF COSTS. Signed by Magistrate JUDGE LESLIE E KOBAYASHI on December 30, 2009: "On the basis of the foregoing, this Court HEREBY FINDSAND RE COMMENDS that Plaintiff's November 23, 29009 objections to the Bill of Costs filed on October 1, 2009 by Defendant Melanie Chinen, in her individual capacity, should be GRANTED IN PART AND DENIED IN PART. The Court RECOMMENDS that the district j udge tax costs in favor of Melanie Chinen, in her individual capacity, and against Plaintiff in the amount of $7,738.46. In addition, the Court GRANTS Melanie Chinen, in her individual capacity, leave to file supplemental documentation in suppor t of her request for costs by January 14, 2010. Plaintiff may file a response to Chinen's supplemental documentation by January 28, 2010. The Court will issue an amendment to thisReport thereafter. IT IS SO FOUND AND RECOMMENDED." (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 12/31/2009. (*Order Adopting sent via email to kay_order@hid.uscourts.gov)
November 13, 2009 Opinion or Order Filing 258 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AS TO PLAINTIFF'S NAGPRA CLAIM. Signed by JUDGE ALAN C KAY. (eps ) -- (1) DENIES as moot the State Defendants' motions for judgment on partial findings; (2) FINDS that Plaintiff has f ailed to prove that he is entitled to permanent injunctive relief as to his NAGPRA claim by a preponderance of the evidence; and (3) FINDS that the State Defendants are entitled to judgment on the NAGPRA claim. CERTIFICA TE 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 .
October 19, 2009 Opinion or Order Filing 237 ORDER DENYING PLAINTIFF'S MOTION IN LIMINE re 215 MOTION in Limine Discovery Abuse Sanctions filed by David Brown. Signed by JUDGE ALAN C KAY. (eps )CERTIFICATE OF SERVICEParticipants registered to receive elec tronic 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
September 23, 2009 Opinion or Order Filing 205 ORDER SETTING PRETRIAL CONFERENCE AND DEADLINES re 202 *** ( Final Pretrial Conference set for 10/15/2009 10:00 AM before JUDGE ALAN C KAY.). Signed by JUDGE ALAN C KAY. (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 are served by first class mail
September 9, 2009 Opinion or Order Filing 193 ORDER DENYING PLAINTIFF'S MOTION TO SHORTEN TIME AND DENYING HISMOTION FOR RECONSIDERATION 187 ; 189 . Signed by JUDGE ALAN C KAY. (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
September 1, 2009 Opinion or Order Filing 180 ORDER GRANTING PLAINTIFF'S MOTION TO SHORTEN TIME AND DENYING HIS MOTION TO STRIKE 176 ; 177 . Signed by JUDGE ALAN C KAY. (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
February 10, 2009 Opinion or Order Filing 97 ORDER : (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT; AND (2) GRANTING PLAINTIFF THIRTY DAYS LEAVE TO AMEND THE COMPLAINT 70 ; 74 . Signed by JUDGE ALAN C KAY. (eps ) -- Plaintiff is therefore given thirty days leave to amend the Second Amended Complaint in accordance with this order. This Court assumes that, if Plaintiff agrees that his statements to Matsuda and the legislature were made after the decision not to renew his employment, he will not premise his First Amendment retaliation claim upon those statements.
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Plaintiff: David Brown
Represented By: Mark S. Beatty
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Defendant: Melanie Chinen
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Defendant: Bob Awana
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Defendant: Laura Thielen
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Defendant: Peter Young
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Defendant: Robert A. Masuda
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Defendant: Nancy McMahon
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Defendant: Melissa Kirkendall
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Defendant: Ashley Chinen
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Defendant: Does 1-20
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Defendant: State of Hawaii
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