Gordon v. Sequeira et al
| Scott Gordon |
| Francis Sequeira, John Does 1-5, John Does 6-10, Paul Neeson, Thomas Craig, III, Dixon, H. Su'apaia, Gary Kaplain and Shari Kimoto |
| 1:2017cv00541 |
| October 30, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KENNETH J. MANSFIELD |
| DERRICK K. WATSON |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
162
ORDER DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT re 62 , 145 - Signed by JUDGE DERRICK K. WATSON on 6/17/2020. For the reasons set forth herein, Defendants' motion for summary judgment regarding alleged violations of the Eighth Amendment, Dkt. No. 62, and Defendants' motion for summary judgment on Gordon's negligence claim, Dkt. No. 145, are both DENIED. (emt, )
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Filing
134
ORDER GRANTING PLAINTIFF'S MOTION TO DEFER CONSIDERATION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re 114 - Signed by JUDGE DERRICK K. WATSON on 2/27/2020. For the reasons stated, Plaintif's Motion to D efer Consideration of Defendants' Motion for Summary Judgment, Dkt. No. 114, is GRANTED, and Defendants' Motion for Summary Judgment, Dkt. No. 62, is DEFERRED. With respect to Defendants' Motion for Summary Judgment, the part ies shall each file: (1) a supplemental brief (not to exceed 10 pages), and (2) an updated concise statement of facts, focused on the additional facts exchanged in discovery since the filing of the parties' previous summary judgment briefs. Plaintiff's supplemental submissions are due by April 13, 2020. Defendants' supplemental submissions are due by April 23, 2020. No further hearing is necessary, subject to further order of the Court. (emt, )
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Filing
53
ORDER Denying Motion For Preliminary Injunction and Protective Order re 44 . Signed by JUDGE DERRICK K. WATSON on 11/5/2018. (cib, )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
31
ORDER DENYING MOTION TO FILE SECOND AMENDED COMPLAINT AND DISMISSING FIRST AMENDED COMPLAINT IN PART WITH LEAVE TO AMEND re 28 - Signed by JUDGE DERRICK K. WATSON on 6/7/2018. (1) Plaintiff's Motion for Leave to File an Amend ed Complaint is DENIED as futile. (2) Plaintiff's claims as alleged in the operative FAC against Defendants Thomas Craig, III, M.D., and Keoni Morreira are DISMISSED without prejudice. (3) Plaintiff is DIRECTED to submit an amended complaint on the court's prisoner civil rights complaint form that explicitly sets forth all of the relevant facts that support his federal civil rights and state negligence claims as alleged against Defendants Paul Neeson, Thomas Craig, III, M.D., Keoni Morreira, and Does 1 and 2 in their individual capacities on or before June 21, 2018. (emt, )
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Filing
15
ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 14 - Signed by JUDGE DERRICK K. WATSON on 4/3/2018. Gordon's claims against CO Doe Defendants 3 and 4 are DISMISSED. Claims against Defendan t Gary Kaplan are DISMISSED. "Claims against Defendants Dr. Thomas Craig, Paul Neeson, Keoni Morreira,and Classification CO Doe Defendants 1 and 2, when they are identified, are suitable for service. These Defendants are r equired to file a response after service is perfected. See 42 U.S.C. § 1997e(g)(2). Claims against Defendant Francis Sequeira are DISMISSED with prejudice. All other claims against all other Defendants are DISMISSED without prejudice. "(2) Per agreement with the Hawaii Department of Public Safety ("DPS"), the Clerk shall provide by electronic means to DPS liaison Shelley Harrington, Esq. : (a) a copy of the First Amended Compla int, ECF No. 14, and three COMPLETED NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS forms AO 398, one each for Defendants Craig, Neeson, and Morreira; and (b) three COMPLETED WAIVER OF SERVICE OF SUMMONS forms AO 399, one each for Defendants Craig, Neeson, and Morreira." (emt, ) Modified on 4/3/2018 (emt, ).
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Filing
11
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION AND/OR TO ALTER OR AMEND JUDGMENT re 10 - Signed by JUDGE DERRICK K. WATSON on 2/22/2018. "The Motion for Reconsideration and/or to Alter or Amend Judgment is GRANTED IN PART AND DENIED IN PART. Reconsideration of the dismissal of declaratory and injunctive relief claims against all Defendants in their official capacities is DENIED. Claims alleged under the Eighth Amendment against Defendants Dr. Thomas Craig, III, Paul Neeson, Gary Kaplan, and Keoni Morreira in their individual capacities state a plausible claim for relief as limited by this Order and will be permitted to proceed. All other claims, even when viewed through the lens of the Eighth Amendment, remain DISMISSED as set forth in the January 24 Order. Gordon may file an amended pleading that cures the deficiencies in those claims that were dismissed with leave to amend on or before March 23, 2018." (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). Scott Gordon shall be served by first class mail to the address of record on February 23, 2018. A copy of the court's Prisoner Civil Rights Complaint form and its instructions shall be included in the mailing to Mr. Gordon.
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Filing
9
ORDER DISMISSING AMENDED COMPLAINT IN PART re 8 - Signed by JUDGE DERRICK K. WATSON on 1/24/2018. "(1) Damages claims against all Defendants in their official capacities and claims asserted under the Eighth Amendment are DISMISSED with prejudice. (2) Claims alleging retaliation under the First Amendment and state law claims of assault and battery are DISMISSED without prejudice. (3) Claims asserted against Doe Defendants 1-10, Francis Sequeira, and Shari Kimoto are DISMISSED without prejudice. (4) Claims against Defendants Dr. Thomas Craig, III, Paul Neeson, Gary Kaplan, and Keoni Morreira in their individual capacities state a plausible claim for relief as limited by this Order and may be served. (5) Gordon may file an amended pleading that cures the noted deficiencies in his claims on or before February 26, 2018." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electr onic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Scott Gordon served by first class mail to the address of record on January 24, 2018. A copy of the court's Prisoner Civil Rights Complaint and its Instructions shall be included in the mailing to Mr. Gordon.
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