Aubart v. Esper
| Kevin T. Aubart |
| Mark T. Esper |
| 1:2017cv00611 |
| December 28, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| UNASSIGNED |
| KENNETH J. MANSFIELD |
| Review or Appeal of Agency Decision |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
91
ORDER GRANTING Defendant's Motion For Summary Judgment re 73 .On the basis of the foregoing, Defendant's Motion for Summary Judgment, filed June 18, 2019, is HEREBY GRANTED as to Plaintiff's TDY Claim. There being no other claims r emaining in this case, the Clerk's Office is DIRECTED to enter final judgment in favor of Defendant and close the case immediately. Signed by JUDGE LESLIE E. KOBAYASHI on 8/19/2019. (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
77
ORDER Denying Plaintiff's Motion For Summary Judgment re 57 . Signed by JUDGE LESLIE E. KOBAYASHI on 6/28/2019. (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
52
ORDER Granting In Part and Denying In Part Defendant's Motion To Dismiss re 37 ."On the basis of the foregoing, Defendant's Motion to Dismiss Plaintiff's Amended Complaint, filed October 1, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as Plaintiff's FTCA claim is DISMISSED, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. The Motion is also DENIED as to Plaintiff's TDY Travel claim.Plaintiff is GRANTED leave to file a second amended complaint by February 13, 2019. This Court CAUTIONS Plaintiff that, if he fails to file his second amended complaint by February 13, 2019, his FTCA claim will be dismissed with prejudice, and the case will proceed only as to Plaintiff's TDY Travel claim. This Court also CAUTIONS Plaintiff that, if the second amended complaint fails to cure the defects in his FTCA claim that are identified in this Order, the claim may be dismissed with prejudice. IT IS SO ORDERED." Signed by JUDGE LESLIE E. KOBAYASHI on 1/17/2019. (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
33
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT re 9 - Signed by JUDGE LESLIE E. KOBAYASHI on 8/30/2018. On the basis of the foregoing, Defendants Motion to Dismis s, or in the Alternative, for Summary Judgment, filed March 13, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. Defendant's Motion is GRANTED insofar as the Complaint is DISMISSED. Defendant's Motion is DENIED insofar as the dismissal is WITHOUT PREJUDICE and the motion for summary judgment is not reached. Plaintiff must file his amended complaint, consistent with the terms of this Order, by no later than September 28, 2018. (emt, )
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| Plaintiff: Kevin T. Aubart | |
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| Defendant: Mark T. Esper | |
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