Silva v. City and County of Honolulu
| Gulstan E. Silva, Jr., Jessica Y. Haleck, William E. Haleck and Verdell B. Haleck |
| City and County of Honolulu, Donna Y.L. Leong, Louis M. Kealoha, Christopher Chung, Samantha Critchlow, Stephen Kardash and John and/or Jane Does 1-10 |
| 1:2015cv00436 |
| October 20, 2015 |
| U.S. District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| BARRY M. KURREN |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
400
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, AND STEPHEN KARDASH'S ITEMIZED BILL OF COSTS (ECF NO. 392 ) AND OVERRULING PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (ECF NO. 393 - Signed by JUDGE HELEN GILLMOR on 2/5/2020. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Local Rule 74.2, the "FINDINGS AND R ECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, AND STEPHEN KARDASH'S ITEMIZED BILL OF COSTS" (ECF No. 392) is ADOPTED AS THE OPINION AND ORDER OF THIS COURT. The Objecti ons do not contain any information that requires a change in the Findings and Recommendation of the Magistrate Judge. Plaintiff's Objections to the Magistrate Judge's Findings and Recommendation (ECF No. 393) are DENIED . (emt, )
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Filing
399
ORDER DENYING PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, MOTION FOR NEW TRIAL (ECF No. 381 ) - Signed by JUDGE HELEN GILLMOR on 1/31/2020. (jo)
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Filing
361
ORDER # 3 ON MOTIONS IN LIMINE re 273 , 274 , and 286 - Signed by JUDGE HELEN GILLMOR on 5/29/2019. Plaintiff's Motion in Limine No. 5 Motion to Bar All Evidence of Sheldon Haleck's Prior Crimes, Misconduct, Wrongs or Acts, and Any Acts of Jessica Haleck Not Relevant to the Events of March 16, 2015 (ECF No. 286 ) is GRANTED, IN PART, AND DENIED, IN PART Defendants' Motion in Limine No. 3 Motion to Admit Evidence of Prior Drug Use on the Day of the I ncident (ECF No. 273 ) is GRANTED Defendants' Motion in Limine No. 4 Motion to Admit Evidence of Haleck's Accidents and Injuries Sustained One Day Prior to the Incident (ECF No. 274 ) is GRANTED, IN PART, AND DENIED, IN PART (jo)
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Filing
352
ORDER # 2 ON DEFENDANTS' MOTIONS IN LIMINE re 271 , 272 , 275 , 276 , 278 , 279 , 280 , 281 , 282 , 283 , 284 , 338 , 344 - Signed by JUDGE HELEN GILLMOR on 5/21/2019. Defendants' Motion in L imine No. 1 To Exclude Expert Opinions By Richard Lichten (ECF No. 271 ) is DENIED . Defendants' Motion in Limine No. 2 To Invoke the Witness Exclusionary Rule (ECF No. 272 ) is GRANTED. Defendants' M otion In Limine No. 5 To Exclude References To Other Incidents Of Police Misconduct Or Brutality (ECF No. 275 ) is GRANTED. Defendants' Motion in Limine No. 6 (ECF No. 276 ) is GRANTED, IN PART, as to the images that are unnecessary, cumulative, and inflammatory. Defendants' Motion in Limine No. 7 To Exclude Any Request For Punitive Damages, And Any Argument Or Evidence Of Indemnification (ECF No. 277 ) is GRANTED, IN PART . Defendants' Motion in Limine No. 8 To Preclude Evidence Or Reference To Unplead Or Dismissed Claims (ECF No. 278 ) is GRANTED, IN PART, AND DENIED, IN PART. Defendants' Motion in Limine No. 9 To Preclude Evidence Of Sheldo n Haleck's Feelings (ECF No. 279 ) is GRANTED, IN PART. Defendants' Motion in Limine No. 10 To Exclude All Testimony And Evidence Of Personal Loss Experienced By Individuals Other Than Sheldon Haleck (ECF No. 280 ) is GRANTED. Defendants' Motion in Limine No. 11 To Exclude All Lay Testimony Regarding The Existence Of Taser Wounds, Marks, And Probes And/Or Any Witness Without Personal Knowledge That Sheldon Haleck Was Tasered, And/Or Reasonab leness Of The Use Of Force (ECF No. 281 ) is GRANTED. Defendants' Motion in Limine No. 12 To Exclude Inflammatory Descriptions Of Decedent's Death (ECF No. 282 ) is GRANTED. Defendants' Motion in Limine No. 13 To Exclude Queens Medical Center Doctors And Nurses From Opining On Cause Of Death Or The Existence Of Taser Probe Wounds Or Marks (ECF No. 283 is GRANTED, IN PART, AND DENIED, IN PART. Defendants' Motion in Limine No. 14 To Exclude Any Evidence Or Testimony Regarding HPD Policy Or Training (ECF No. 284 ) is DENIED. (emt, )
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Filing
224
ORDER GRANTING DEFENDANT LOUIS M. KEALOHA'S MOTION FOR SUMMARY JUDGMENT (ECF No. 193 ) and DENYING PLAINTIFFS' AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE LIABILITY OF DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, STEPHEN K ARDASH, LOUIS M. KEALOHA, AND CITY AND COUNTY OF HONOLULU FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS (ECF No. 195 ) and GRANTING DEFENDANT CITY AND COUNTY OF HONOLULU'S AMENDED MOTION FOR SUMMARY JUDGMENT (ECF No. 199 ) and GRANTING, IN PART, AN D DENYING, IN PART, DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, AND STEPHEN KARDASH'S AMENDED MOTION FOR SUMMARY JUDGMENT (ECF No. 200 ) re 223 - Signed by JUDGE HELEN GILLMOR on 6/27/2017. THE ONLY REMAINING CA USE OF ACTION: FIRST CAUSE OF ACTION FOR EXCESSIVE FORCE IN VIOLATION OF THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION PURSUANT TO 42 U.S.C. § 1983: "The First Cause of Action as stated by Plaintif f Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, against Defendants Christopher Chung, Samantha Critchlow, and Stephen Kardash in their individual capacities is the only remaining cause of action for trial.&qu ot; REMAINING PARTIES: PLAINTIFFS: "The only remaining Plaintiff is Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck. There are n o remaining claims by Plaintiffs Jessica Y. Haleck, individually and as Guardian Ad Litem for Jeremiah M.V. Haleck, William E.Haleck, and Verdell B. Haleck." DEFENDANTS: "The only remaining Defe ndants are Christopher Chung, Samantha Critchlow, and Stephen Kardash in their individual capacities. There are no remaining claims against Defendant City and County of Honolulu and Defendant Louis M. Kealoha." (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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