Creamer v. County of Kauai et al
| Danny Lee Creamer |
| County of Kauai, Scott Brede and Roy Asher |
| 1:2016cv00648 |
| December 6, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Kauai |
| HELEN GILLMOR |
| KENNETH J. MANSFIELD |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
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Filing
57
ORDER GRANTING DEFENDANT COUNTY OF KAUAI'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT (ECF NO. 52 ). "Plaintiff's Second Amended Complaint (ECF No. 51 ) is DISMISSED. Defendant County of Kauai&# 039;s Motion to Dismiss Plaintiff's Second Amended Complaint (ECF No. 52) is GRANTED.No further leave to amend is permitted as it would be futile. The Clerk of Court is ORDERED to CLOSE THE CASE."IT I S SO ORDERED. Signed by JUDGE HELEN GILLMOR on 11/5/2018. (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on November 6, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
48
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (ECF NO. 37 ) WITH LEAVE TO AMEND - Signed by JUDGE HELEN GILLMOR on 7/18/2018. If Plaintiff intends to file a Second Amen ded Complaint, Plaintiff is cautioned that it is necessary to remedy the deficiencies in his pleadings, as follows: 1): PLAINTIFF'S FEDERAL EMPLOYMENT DISCRIMINATION CLAIMS AGAINST THE INDIVIDUAL DEFENDANTS ARE DISMISSED WITH PREJUDICE The First Amended Complaint's claims against Defendants Asher and Brede are DISMISSED WITH PREJUDICE. The First Amended Complaint's claims against Defendants Perry, Contrades, Quibilan, Balbarino a nd Wakamoto are DISMISSED WITH PREJUDICE. Plaintiff is unable to assert federal employment discrimination claims against individual Defendants. Plaintiff is precluded from asserting such claims against the individual Defendants or any i ndividual member of the Kauai Police Department pursuant to Title VII of the Civil Rights Act, the Americans With Disabilities Act, or the Age Discrimination in Employment Act in the Second Amended Complaint. (2): PLAINTIFF'S C LAIMS AGAINST THE KAUAI POLICE DEPARTMENT ARE DISMISSED WITH PREJUDICE Plaintiff's claims against the Kauai Police Department are DISMISSED WITH PREJUDICE. The Kauai Police Department is not a proper Defendant and shal l not be named in the Second Amended Complaint. (3): PLAINTIFF'S CLAIMS AGAINST THE COUNTY OF KAUAI ARE DISMISSED The following causes of action against the County of Kauai are DISMISSED WITH LEAVE TO AMEND: FIRST CAUSE OF ACTION for Failure to Accommodate in Violation of the Americans With Disabilities Act SECOND CAUSE OF ACTION for Discrimination on the Basis of Age in Violation of the Age Discrimination in Employment Act THIRD CAUSE OF ACTION for Disparate Treatment on the Basis of Race and Color in Violation of Title VII of the Civil Rights Act of 1964 FOURTH CAUSE OF ACTION for Hostile Work Environment i n Violation of Title VII of the Civil Rights Act FIFTH CAUSE OF ACTION for Retaliation in Violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans With Disabilities Act The foll owing causes of action against the County of Kauai are DISMISSED WITH PREJUDICE and may not be reasserted in the Second Amended Complaint: SIXTH CAUSE OF ACTION for Negligence REQUEST FOR PUNITIVE DA MAGES against the County of Kauai Plaintiff may file a Second Amended Complaint curing the deficiencies of his claims against the Defendant County of Kauai on or before Tuesday, September 4, 2018. Failure t o timely amend and cure the pleading deficiencies noted herein will result in dismissal of this action with prejudice for failure to state a claim. (emt, )COURT'S CERTIFICATE of Service - Danny Lee Creamer served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on July 18, 2018. Participants 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
25
ORDER GRANTING COUNTY OF KAUAI, SCOTT BREDE, IN HIS OFFICIAL CAPACITY, AND ROY ASHER, IN HIS OFFICIAL CAPACITY'S MOTION TO DISMISS COMPLAINT (ECF NO. 13 ) WITH LEAVE TO AMEND - Signed by JUDGE HELEN GILLMOR on 11/30/2017. "( 1) The Complaint is DISMISSED WITH LEAVE TO AMEND for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). (2) Plaintiff may file an Amended Complaint curing the deficiencies of his claims against the Defendant County of K auai on or before Wednesday, January 17, 2018 . (3) Failure to timely amend and cure the pleading deficiencies noted herein will result in dismissal of this action with prejudice for failure to state a claim." (e mt, )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). Danny Lee Creamer served by first class mail to the address of record on November 30, 2017.
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