Begley v. County of Kauai, Kauai Police Department
| Mark N. Begley |
| County of Kauai, Kauai Police Department, Darryl Perry, Roy Asher, Michael Contrades and Doe Defendants 1-100 |
| 1:2016cv00350 |
| June 27, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| KENNETH J. MANSFIELD |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
559
ORDER Denying Defendant Contrades's Motion To Amend Rule 15 Scheduling Order and Denying The County Defendants' Joinder Of Simple Agreement re 531 533 . Signed by JUDGE LESLIE E. KOBAYASHI on 5/3/2019. (cib)
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Filing
549
SUMMARY JUDGMENT ORDER; ORDER Staying Plaintiff's Claims Related to The Return to to Work Program; and ORDER Directing the Parties to Submit Further Briefing Regarding the Stay. The Motion for Summary Judgment that Perry, in his individual capacity, filed on June 20, 2018, is HEREBY DENIED; and the substantive joinder in the Perry Motion, which the County Defendants filed on June 27, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. The County Joinder is GRANTED ins ofar as: summary judgment is granted in favor of the County Defendants as to the portion of Count III based on alleged retaliatory acts that occurred more than two years before this action was filed; and summary judgment is granted in favor of the Co unty Defendants as to Count IV. The County Joinder is DENIED in all other respects. In addition, the proceedings on the portions of Plaintiffs remaining state law claims that are based on actsrelated to the RTWP are HEREBY STAYED. The parties are ORDERED to submit their letter briefs regarding the potential severanceof the stayed claims, in accordance with the terms of this Order by April 26, 2019. Signed by JUDGE LESLIE E. KOBAYASHI on 04/11/2019. (apg, )
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Filing
520
ORDER Denying Defendant's Motion For Reconsideration Regarding Order Denying Defendant Michael Contrades' Motion To Dismiss Plaintiff's Third Amended Complaint Filed Herein on August 31, 2018 re 443 . Signed by JUDGE LESLIE E. KOBAYASHI on 3/7/2019. (cib)
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Filing
434
ORDER: DENYING DEFENDANT MICHAEL CONTRADES'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT FILED HEREIN ON AUGUST 31, 2018; DENYING THE COUNTY DEFENDANTS' JOINDER OF SIMPLE AGREEMENT; AND GRANTING DEFENDANT ROY ASHER'S S UBSTANTIVE JOINDER re 360 , 365 , 368 , 407 , 411 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/27/2018. On the basis of the foregoing, Contrades's Motion to Dismiss Plaintiff's Third Amended Complaint Filed Herein on August 31, 2018, which he filed on September 14, 2018, in his individual capacity; and the County Defendants' joinder of simple agreement, filed September 20, 2018, are HEREBY DENIED. Asher's substantive joinder in the Contrades Motion, which Asher filed on September 21, 2018, in his individual capacity, is HEREBY GRANTED. Plaintiff's IIED claim against Asher is HEREBY DISMISSED WITH PREJUDICE. Contrades is ORDERED to file his answer to Plaintiff's Third Amended Complaint by January 14, 2019. Contrades is CAUTIONED that this deadline will not be affected by any motion for reconsideration that is filed regarding this Order. (emt, )
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Filing
340
ORDER Granting In Part and Denying In Part Motion To Dismiss and Substantive Joinder re 216 226 ."On the basis of the foregoing, Contrades's Motion to Dismiss Plaintiffs Second Amended Complaint Filed on February 15, 2018, fil ed March 14, 2018, and the County Defendants' Substantive Joinder, filed March 21, 2018, are HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as Counts II and IV against Contrades, in his individual capacity, are DISMISSE D, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. The Substantive Joinder is GRANTED insofar as Count IV against the County Defendants is DISMISSED, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. The Substantive Joinder is DENIE D in all other respects.Plaintiff has until August 31, 2018 to file a third amended complaint in accordance with this Order. The Court CAUTIONS Plaintiff that, if he fails to file his third amended complaint by August 31, 2018, the claims dismissed without prejudice in this Order will be dismissed with prejudice. Plaintiff is only granted leave to address the defects in his claims identified in this Order. To the extent Plaintiff wishes to make other changes, he must file a motion pursuant to Fed. R. Civ. P. 15(a)(2)." Signed by JUDGE LESLIE E. KOBAYASHI on 7/31/2018. (cib, )
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Filing
199
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT RE 111 Motion to Dismiss for Failure to State a Claim. Signed by JUDGE LESLIE E. KOBAYASHI on 01/16/2016. On the basis of the foregoing, Defendant Michael Contrades's Motion to Dismiss Plaintiff's First Amended Complaint Filed May 5, 2017, filed May 23, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. As to Count II, the Motion is DENIED. The Motion is GRANTED insofar as it seeks dismissal of Count IV, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. Plaintiff has until February 15, 2018 to file a second amended complaint in accordance with this Orde r. The Court CAUTIONS Plaintiff that, if he fails to file his second amended complaint by February 15, 2018, the claims dismissed without prejudice in this Order will be dismissed with prejudice. Plaintiff is only granted leave to address the defects in his claims identified in this Order. To the extent Plaintiff wishes to make other changes, he must file a motion pursuant to Fed. R. Civ. P. 15(a)(2). (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).
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Filing
198
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT re: 109 . Excerpt of conclusion: "Defendant Roy Asher's Motio n to Dismiss Plaintiff's First Amended Complaint Filed May 5, 2017, filed May 23, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. As to Count II, the Motion is GRANTED insofar as the portion of Count II based on the 8/5/11 Incident is dismi ssed WITH PREJUDICE. The Motion is DENIED as to the portion of Count II based on the 5/24/12 ARB Postponement Letter. As to Count IV, the Motion is GRANTED insofar as it seeks dismissal of Count IV, and DENIED insofar as the dismissal is WITHOUT PREJ UDICE. Plaintiff has until February 15, 2018 to file a second amended complaint in accordance with this Order. The Court CAUTIONS Plaintiff that, if he fails to file his second amended complaint by February 15, 2018, the claims dismissed wi thout prejudice in this Order will be dismissed with prejudice...."Signed by JUDGE LESLIE E. KOBAYASHI on 1/4/2018. (afc) WRITTEN ORDER follows hearing held 9/25/2017. Minutes of Hearing: ECF 184 . 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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