P.-K. et al v. Department of Education, State of Hawai'i
Plaintiff: R. P.-K., C. K., R. T. D., R. D., M. D., B. P., M. P., C. B., N. B. and Hawaii Disability Rights Center
Defendant: Department of Education, State of Hawai'i
Case Number: 1:2010cv00436
Filed: July 27, 2010
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: UNASSIGNED
Presiding Judge: KEVIN S.C. CHANG
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 20 U.S.C. ยง 1400 Civil Rights of Handicapped Child
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 6, 2020 Opinion or Order Filing 610 ORDER ADOPTING Magistrate Judge's Findings and Recommendation To Grant In Part and Deny In Part Settlement Administrator's Motion For Additional Administration Funds re 609 . Signed by JUDGE SUSAN OKI MOLLWAY. (cib, )
December 16, 2019 Opinion or Order Filing 550 ORDER Adopting In Part and Modifying In Part Magistrate Judge Findings and Recommendation re 543 . This court adopts the F&R in part and modifies it in part. The court awards Plaintiffs a total of $75,000 in interim fees and GET and authori zes the Settlement Administrator to disburse those funds from the $250,000 set aside in the settlement agreement for attorneys' fees. The court adopts the F&R to the extent it recommends denial of the remainder of the motion for fees, without prejudice to any future fee award, including for the same period covered by the motion (but without duplicating the award made here). Signed by JUDGE SUSAN OKI MOLLWAY on 12/16/2019. (cib)
October 18, 2016 Opinion or Order Filing 422 ORDER DETERMINING CLASS - Signed by JUDGE SUSAN OKI MOLLWAY on 10/18/2016. (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 20, 2016 Opinion or Order Filing 388 AMENDED ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 , 386 , 387 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/20/2016. "No later than September 19, 2016, Plaintiffs shall file under seal a list of all ind ividuals that Plaintiffs have determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful c hallenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issue s that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the ap peal must be addressed by the trial judge." (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 19, 2016 Opinion or Order Filing 386 ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/19/2016. " No later than September 19, 2016, Plaintiffs shall file under seal a list of all individuals that Plaintiffs hav e determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful challenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issues that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the appeal must be addressed by th e trial judge." (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
March 1, 2016 Opinion or Order Filing 345 ORDER ADOPTING IN PART AND MODIFYING IN PART MAGISTRATE JUDGE ORDER DENYING REQUEST FOR INTERIM ATTORNEYS' FEES re 316 , 327 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/1/2016. (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
August 22, 2014 Opinion or Order Filing 187 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AWARD OF COMPENSATORY EDUCATION AND APPOINTMENT OF SPECIAL MASTER; ORDER DENYING DEFENDANT'S MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATI NG COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS re 172 ; 173 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/22/2014. "The parties are ordered to work with Magistrate Judge Kevin S.C. Chang concerning the following : 1) Determination of Class Members: as soon as practicable, but in no event later than September 22, 2014, the DOE must provide Plaintiffs' counsel with the name of every potential class member, accompanied by his or her last-known cont act information. The DOE must include the names and last-known contact information of all individuals who might have been affected by the DOE's "age out" calculation, including individuals that the DOE concludes may have opt ed not to receive services, such as drop outs and those with employment. The DOE may provide names by grouping similarly situated individuals. Magistrate Judge Chang will settle all disputes concerning the identification of class members ; < BR> 2) Consideration of the DOE's ability to provide compensatory education to class members; 3) Identification of private service providers likely to be needed to provide compensatory education to class members and likely to be agreed to b y the parties; and 4) Consideration of prompt class notification and of further class certification issues, with any modification of the existing class certification to be sought by motion(s) filed no later than October 31, 2014. " "The parties are directed to file status reports on the above matters by September 30, 2014." (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
March 30, 2012 Opinion or Order Filing 123 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION. Signed by JUDGE DAVID ALAN EZRA on 3/30/2012. ~ Excerpt of Conclusion: "Defendant's Rule 50 motion for judgment as a matter of law is DENIED. The Cour t finds and concludes that Plaintiffs have failed to show by a preponderance of the evidence that pursuant to Act 163, Defendant violated the IDEA, Title II of the ADA, or § 504 of the Rehab Act. Judgment shall be entered in favor of Defendant a s to Counts I, II, and III of Plaintiffs' Complaint. All parties shall bear their own costs of suit." ~ (afc)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 19, 2011 Opinion or Order Filing 79 ORDER: (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE 57 ; (2) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 60 ; AND (3) DENYING P LAINTIFFS' RENEWED MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 59 . Signed by JUDGE DAVID ALAN EZRA on 9/19/2011. [Order follows hearing on motions held 9/12/2011. Minutes of hearing: 76 ]. (afc)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
July 12, 2011 Opinion or Order Filing 53 ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 44 . Signed by JUDGE DAVID ALAN EZRA on 7/12/2011. [Order follows hearing held 7/11/2011 on M/PI. Minutes of hearing: docket entry no. 52 ] (afc) 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). All participants are registered to receive electronic notifications.
March 15, 2011 Opinion or Order Filing 31 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 15 . ~ The class is certified with R.P.-K, R.T.D., and the Hawaii Disability Rights Center as the class representatives. C.B. and B.P. are ineligible to be c lass members or representatives and are DISMISSED from the action. ~ Signed by JUDGE DAVID ALAN EZRA on 3/15/2011. [Order follows hearing held 3/14/2011 on Motion to Certify Class 15 . Minutes: docket entry no. 30 ] (afc ) 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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Plaintiff: R. P.-K.
Represented By: Paul Alston
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Plaintiff: C. K.
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Plaintiff: R. T. D.
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Plaintiff: M. D.
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Plaintiff: B. P.
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Plaintiff: M. P.
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Plaintiff: C. B.
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Plaintiff: N. B.
Represented By: Paul Alston
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Plaintiff: Hawaii Disability Rights Center
Represented By: Paul Alston
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Defendant: Department of Education, State of Hawai'i
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