| August 28, 2019 |
Filing
199
DISMISSAL ORDER - Signed by JUDGE JILL A. OTAKE on 8/28/2019. In light of Plaintiff's failure to serve Defendants more than three years after commencement of this suit, the Court finds dismissal of this action is appro priate. Accordingly, Plaintiff's claims against Defendants Ogata and Gaspar are DISMISSED WITHOUT PREJUDICE. Evelyn Gaspar (Registered Nurse at Oahu Community Correctional Center, sued in her indi vidual capacity) and Lisa Ogata (Registered Nurse at Oahu Community Correctional Center, sued in her individual capacity) terminated. (emt, )COURT'S CERTIFICATE of Service - Vernon John Baker shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 29, 2019. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| March 27, 2019 |
Filing
182
SECOND AMENDED ORDER APPOINTING PRO BONO REPRESENTATION re 181 - Signed by JUDGE JILL A. OTAKE on 3/27/2019. The Court extends Ms. Althof's appointment to include representation in settlement negotiations and any related matters. (emt, )
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| February 28, 2019 |
Filing
176
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re 154 - Signed by JUDGE JILL A. OTAKE on 2/28/2019. In accordance with the foregoing, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion. Summary judgment is GRANTED in favor of Nurse Semeatu and Nurse Mori as to Counts I, II, and III. Summary judgment is GRANTED in favor of Drs. Ayer and Hamada as to Counts I and II and DENIED as to Count III against Dr. Ayer. The claims remaining for disposition are as follows: Counts I and II against Nurse Gaspar and Nurse Ogata and Count III against Nurse Gaspar, Nurse Ogata, and Drs. Ayer and Hamada. (emt, )
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| February 27, 2019 |
Filing
175
AMENDED ORDER APPOINTING PRO BONO REPRESENTATION - Signed by JUDGE JILL A. OTAKE on 2/27/2019. The Court extends Ms. Althof's appointment to include representation for the Order to Show Cause and any related matters such as briefing the issue, conducting investigation as to the service of process, and amending the Complaint. (emt, )
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| February 25, 2019 |
Filing
174
ORDER TO SHOW CAUSE - Signed by JUDGE JILL A. OTAKE on 2/22/2019. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE in writing by March 8, 2019 why claims against Defendants Gaspar and Ogata should no t be dismissed without prejudice for failure to serve pursuant to FRCP 4(m). Plaintiff is warned that failure to respond may result in dismissal of the claims against Defendants Gaspar and Ogata without prejudice. Show Cause Response due by 3/8/2019. (emt, )
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| April 13, 2016 |
Filing
6
ORDER DISMISSING COMPLAINT IN PART re: 1 . Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 4/13/2016. (afc)Excerpt of conclusion:"The Complaint is DISMISSED IN PART for fail ure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). Specifically, Plaintiff states a claim for deliberate indifference against the unidentified RN Defendants and Defendants Dr. Karl Ayer and Dr. Francis Hamada. These clai ms shall proceed and be answered after service is perfected.""Plaintiff fails to state a claim against Defendants John Doe and Dr. BarneyToyoma and claims against them are DISMISSED with leave to amend."Plaintiff may fi le an amended complaint curing the deficiencies in his dismissed claims on or before May 13, 2016. Plaintiff SHALL use the court's prisoner civil rights complaint form if he chooses to amend his pleadings." "In the alternative, Plaintiff may NOTIFY the court in writing on or before May 13, 2016, that he elects to stand on his claims against the RN Defendants and Defendants Dr. Karl Ayer and Dr. Francis Hamada and go forward. If Plaintiff chooses this option, the court will order the U.S. Marshal to serve the Complaint at Plaintiff's direction as to those claims only."CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document elec tronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of the instant Order, and the "Prisoner Civil Rights Complaint" form with its instructions, has been served this date by first class mail to Mr. Vernon Baker at his address of record.
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