Dai v. Nikaido et al
| Jun Dai |
| Jason Nikaido and Guy Inouye |
| 1:2017cv00271 |
| June 8, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| UNASSIGNED |
| KENNETH J. MANSFIELD |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
65
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY AND COUNTY OF HONOLULU, ROBERT J. KRONING, GUY INOUYE, AND JASON NIKAIDO'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FILED ON APRIL 24, 2018 re 52 - Signed by MAGISTRATE JUDGE KE NNETH J. MANSFIELD on 6/25/2018. 1. The Court GRANTS Defendants' motion to dismiss: a. Count VI of the FAC- Plaintiff's 42 U.S.C. § 1985 Civil Conspiracy Claim; however, the Court grants P laintiff leave to amend his complaint with respect to his Conspiracy Claim; b. The Department of Design and Construction, Wastewater Division from this action without leave to amend; and c. Director Robert Kroning from this action; howev er, the Court grants Plaintiff leave to amend his complaint to add Director Kroning as a party, in his individual capacity, and to include any claims he has against Director Kroning in his individual capacity. 2. The Court DENIES De fendants' motion to dismiss Count IV of the FAC Plaintiff's hostile work environment claim. 3. If Plaintiff chooses to: (1) amend his Civil Conspiracy Claim; or (2) add Director Kroning as a party in his individual capacity and add claims against Director Kroning in his individual capacity, Plaintiff must file his second amended complaint no later than July 16, 2018. Plaintiff must remove any references to the Department of Design and Construction, Wastewater Division, a nd Director Robert Kroning, in his official capacity, from the second amended complaint. Plaintiff may not add any additional parties, claims, or theories of liability, unless such party, claim, or theory of liability is related to Director Kronin g, in his individual capacity. In addition, Plaintiff may not rely upon or incorporate by reference any portion of his FAC in the second amended complaint. The second amended complaint must be able to stand alone without reference to the FAC. Any am ended complaint must be designated as the "Second Amended Complaint." 4. If Plaintiff does not submit an amended complaint by July 16, 2018, the FAC will serve as the operative complaint, and the following will remain dismissed from this action: (1) Count VI of the FAC; (2) the Department of Design and Construction, Wastewater Division; and (3) Director Kroning, in his official capacity. (emt, )
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