Pengelly v. Family Court of the Third Circuit, State of Hawaii et al
| Delroy Pengelly |
| Family Court of the Third Circuit, State of Hawaii, Margarita Pengelly, Edward J.S.F. Smith, Ernie F. Gianotti, Robert D. S. Kim and Aley K. Auna, Jr. |
| 1:2017cv00306 |
| June 28, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| KENNETH J. MANSFIELD |
| SUSAN OKI MOLLWAY |
| Other Civil Rights |
| 28 U.S.C. ยง 1343 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
43
ORDER TO SHOW CAUSE Why Plaintiff Delroy Pengelly's Claims Against Defendant Margarita Pengelly Should Not Be Dismissed. "The court orders Plaintiff Delroy Pengelly to submit, no later than January 25, 2018, a written statement of no more than 1,500 words explaining why the court should not dismiss his claims against Defendant Margarita Pengelly. In lieu of a written statement, Delroy may also submit, no later than January 25, 2018, an Amended Complaint asserting claims again st Margarita but no other Defendants. If Delroy does not file a written statement or an Amended Complaint by January 25, 2018, claims against Margarita will be automatically dismissed. This court will then enter judgment against Delroy for the entire action." Signed by JUDGE SUSAN OKI MOLLWAY on 1/3/18. (cib, )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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Filing
36
ORDER Granting Defendant Ernie Gianotti's Motion to Dismiss."Delroy may file an Amended Complaint asserting claims against Gianotti no later than December 29, 2017. Failure to file by that deadline will cause this action to be automatically dismissed. In the event of such automatic dismissal, Delroy may, at his option, seek to litigate any cognizable claims he may have in state court." Signed by JUDGE SUSAN OKI MOLLWAY on 11/20/17. (cib, )CERTIFICATE OF SE RVICEParticipants 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
31
ORDER GRANTING The Hawaii Family Court's Edward Smith's, and Robert Kim's 7 11 20 Motions To Dismiss And DENYING 30 Motion For A Trial Date."The court dismisses all claims against the Hawaii Family Court and Judge Auna without leave to amend, as no amendment could cure the Eleventh Amendment and absolute judicial immunity defects. The federal claims against Defendants Smith and Kim are dismissed with leave to amend. If Delroy files an Amended Complaint with a plausible fe deral claim, he may assert state-law claims in the same document. Delroy may file an Amended Complaint against Defendants Smith and Kim no later than December 29, 2017. The period before this deadline will allow this court to rule on Gianottis pendin g motion to dismiss before an Amended Complaint is due. Failure to file an Amended Complaint by that deadline will cause claims against Smith and Kim to be automatically dismissed." Signed by JUDGE SUSAN OKI MOLLWAY on 10/18/17. (cib, )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. Copy of order mailed to Delroy Pengelly and E.F. Gianotti Modified on 10/18/2017 (cib, ).
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