Pantastico v. Department of Education, State of Hawaii et al
| Chardonnay Pantastico |
| Department of Education, State of Hawaii, Kathryn Matayoshi, Naomi Takamori, John Henry Lee, Duane Izumi, Samuel Delos Reyes, Kevin Nagamine, Michael Hermosura, John Does 1-25, Jane Does 1-25 and Doe Entities 1-25 |
| 1:2018cv00065 |
| February 16, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| RICHARD L. PUGLISI |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
82
AMENDED ORDER GRANTING STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANT NAGAMINE'S MOTION FOR JUDGMENT ON THE PLEADINGS, AND GRANTING DEFENDANT HERMOSURA'S MOTION FOR JUDGMENT ON THE PLEADIN GS re 39 , 43 , 44 , 74 - Signed by JUDGE JILL A. OTAKE on 8/6/2019. (1) The State Defendants' Motion for Summary Judgment (ECF No. 44) is GRANTED. a. The Court GRANTS the State Defendan ts' Motion for Summary Judgment on Plaintiff's federal claims (Counts 1-2). b. The Court DISMISSES WITHOUT PREJUDICE the remaining state law claims for lack of jurisdiction (Counts 3-8). (2) Nagamine's Motion for Judgment on the Pleadings (ECF No. 39) is GRANTED in part and DENIED in part. a. The Court DENIES Nagamine's Motion with respect to Plaintiff's § 1983 bodily integrity claim (Count 1). b. The Court GRAN TS WITH LEAVE TO AMEND Nagamine's Motion with respect to Plaintiff's § 1983 Equal Protection claim (Count 1). c. The Court GRANTS Nagamine's Motion with respect to Counts 2, 4, and 8. d. The Court GRANTS WITH LEAVE TO AMEND Nagamine's Motion with respect to Plaintiff's Negligence and NIED claims (Counts 3 and 6). (3) Hermosura's Motion for Judgment on the Pleadings (ECF No. 43) is GRANTED. a. The Court GRANTS WITH LEAVE TO AMEND Hermosura's Motion with respect to Plaintiff's § 1983 claim (Count 1). b. The Court GRANTS Hermosura's Motion with respect to Plaintiff's Title IX claim (Count 2). Because trial is scheduled to begin September 23, 2019, and because Plaintiff and Defendants have had ample time for discovery and should be intimately familiar with the claims in this case, Plaintiff's deadline to file an amended complaint shall be on an expedited basis. If Plaintiff chooses to file an amended complaint, Plaintiff must file by July 31, 2019. (emt, )
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Filing
74
ORDER GRANTING STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANT NAGAMINE'S MOTION FOR JUDGMENT ON THE PLEADINGS, AND GRANTING DEFENDANT HERMOSURA'S MOTION FOR JUDGMENT ON THE PLEADINGS re [ 39], 43 , 44 - Signed by JUDGE JILL A. OTAKE on 7/24/2019. (1) The State Defendants' Motion for Summary Judgment (ECF No. 44) is GRANTED. a. The Court GRANTS the State Defendants' Motio n for Summary Judgment on Plaintiff's federal claims (Counts 12). b. The Court DISMISSES WITHOUT PREJUDICE the remaining state law claims for lack of jurisdiction (Counts 38). (2) Nagamine's Motion for Judgment on the Pleadings (ECF No. 39) is GRANTED in part and DENIED in part. a. The Court DENIES Nagamine's Motion with respect to Plaintiff's § 1983 bodily integrity claim (Count 1). b. The Court GRANTS WITH LEAVE TO AMEND Nagamine's Motion with respect to Plaintiff's § 1983 Equal Protection claim (Count 1). c. The Court GRANTS Nagamine's Motion with respect to Counts 2, 4, and 8. d. The Court GRANTS WITH LEAVE TO AMEND Nagam ine's Motion with respect to Plaintiff's Negligence and NIED claims (Counts 3 and 6). (3) Hermosura's Motion for Judgment on the Pleadings (ECF No. 43) is GRANTED. a. The Court GRANTS WIT H LEAVE TO AMEND Hermosura's Motion with respect to Plaintiff's § 1983 claim (Count 1). b. The Court GRANTS Hermosura's Motion with respect to Plaintiff's Title IX claim (Count 2). If Plaintiff chooses to file an amended complaint, Plaintiff must file by July 31, 2019. (emt, )
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