Pitts v. Tuitama et al
| Joseph Pitts |
| Tuitama, Jodie Maesaka-Hirata, Nolan Espinda, Neil Abercrombie, David Ige, Francis Sequiera, Shari Kimoto, Gavin Takenaka, Terry Yoshinaga, Dallen Paleka, Jeff Tom, Bruhn, William Sheehan, Catherine Davis, Tony Baker, Michael J. Hoffman, Carla Sheehan, M.D., John Does 1-10 and Jane Does 1-10 |
| 1:2017cv00137 |
| March 28, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| J. MICHAEL SEABRIGHT |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
238
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT re: ECFs 116 , 117 , and 126 "Defendants Yoshinaga, Paleka, Tuitama, and Bruhn's Motions for Summ ary Judgment and Defendants Espinda, Maesaka-Hirata, and Takenaka's Motion for Substantive Joinder are GRANTED in part and DENIED in part. Specifically, Pitts exhausted his claims regarding Yoshinaga's handling of mail from his attorneys; Yoshinaga's, Paleka's, Tuitama's, and Bruhn's handling of his incoming and outgoing personal mail; and Yoshinaga's and Takenaka's alleged retaliation against him. Defendants' Mot ions are DENIED as to these claims. Pitts fails to rebut Defendants' evidence that he failed to fully or timely exhaust his claims regarding Espinda's and Maesaka-Hirata's implementation of COR.15. 02.14.2; the rejection of a letter to the Ombudsman; and Paleka's, Tuitama's, Bruhn's, and Espinda's alleged retaliation. Defendants' Motions are GRANTED as to these claims, which are DISMISSED without prejudice. &nbs p; Finally, all other arguments of both parties are DENIED. IT IS SO ORDERED." Written Order of 4/22/2019 Hearing at ECF 233 Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/8/2019 (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
80
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION re: 71 . Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/20/2018. (afc) 1:15-cv-00483-JMS-KJM1:17-cv-00137-JMS-KJM CERTIFICATE OF SERVICEParticipant s 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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Filing
18
ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART re 16 , 17 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/1/2017. "(1) The First Amended Complaint is DISMISSED IN PART. (2) Pitts states federal constituti onal claims in Count 1 against Defendants Terri Yoshinaga, Dallen Palleka, Nolan Espinda, Jodie Maesaka-Hirata, Sgt. Bruhn, Sgt. Tuitama, and Doe Defendants; in Count 2 against Defendants Nolan Espinda and Ross Taylor; and in Count 3 against Defendan t Gavin Takenaka. These claims against these Defendants may be served and require a response. (3) Pitts fails to state a state or federal claim in Count 4, and in any Count against Defendants former Governor Abercrombie, Governor David Ige, Sh ari Kimoto, Michael J. Hoffman, Francis Sequiera, and Jeff Tom. These claims against these Defendants are DISMISSED with leave to amend. (4) Pitts states state-law claims under Haw. Rev. Stat. § 96-18, for negligence, and respondeat superi or as limited above against Defendants Yoshinaga and Doe Defendants mail staff, Palleka, Bruhn, Tuitama, Espinda, and Maesaka-Hirata and these claims require a response. (5) On or before October 2, 2017, Pitts may either: (1) fil e an amended complaint attempting to cure the deficiencies in his dismissed claims; or (2) notify the court in writing that he will stand on the plausible claims defined by this Order. If Pitts fails to timely accomplish either option, the court w ill order the U.S. Marshal to serve the First Amended Complaint, Counts 1, 2, and 3 as limited, on Defendants Terri Yoshinaga, Dallen Palleka, Nolan Espinda, Jodie Maesaka-Hirata, Sgt. Bruhn, Sgt. Tuitama, Gavin Takenaka, and Ross Taylor. ( 6) The Clerk is DIRECTED to send Pitts a blank prisoner civil rights complaint form so that he may amend his claims to comply with the directions in this Order. (7) Pitts's Motion for Court to Recognize Pendant State Law Claims, ECF No. 17 , is DISMISSED as moot." (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). Joseph Pitts served by first class mail to the address of record on September 5, 2017. A copy of the Court's Prisoner Civil Rights Complaint form and Instructions, shall be included in the mailing to Mr. Pitts.
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Filing
9
ORDER DISMISSING COMPLAINT IN PART re: 1 as to Joseph Pitts. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/2/2017. (afc) Conclusion:"(1) The Complaint is DISMISSED IN PART. Specifically, Pitts states a claim in his First Cause of Action, pages 7-8, against Defendants RN Emelda, Tony Baker, HCF Does 1-5, Dr. William Sheehan, and Governor David Ige, and these claims may proceed. (2) Pitts's Second Cause of Action, pages 9-17, is improperly joined with his First Cause of Action and is SEVERED without prejudice to reasserting these claims in a new action. These claims may not be realleged herein.(3) On or before May 30, 2017, Pitts may either: (a) file an amended complaint curing the deficiencies noted above in his claims in his First Cause of Action; OR (b) notify the court in writing that he will stand on his claims as defined by this Order. Failure to do either will result in the court ordering the U.S. Marshal to serve the Complaint, as limited herein, on Defendants RN Emelda, Tony Baker, HSH Does 1-5, Governor David Ige, and Dr. William Sheehan." 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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