Char v. Kaiser Hospital et al
| Mark Alan Char |
| Jane Does 1-2, ACO John Doe, Doctors John Does 1-2, Kaiser Hospital, Jane Does 4-5 and John Does 4-5 |
| Shelley Harrington and Laurie Nadamoto |
| 1:2018cv00345 |
| September 12, 2018 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| RICHARD L PUGLISI |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 CLERK'S JUDGMENT entered on 5/15/2019 pursuant to ECF No. #15 Minute Order. (emt, ) |
| Filing 15 EO: On 01/02/2019, the court granted Plaintiff 90 days to conduct early discovery to identify ACO John Doe for service of the Complaint #10 . On 04/16/2019 #13 , Plaintiff was ordered to show good cause for his failure to identify or serve ACO John Doe, on or before 04/30/2019, or risk automatic dismissal of this action. Plaintiff has neither responded to the Order, nor provided proof of service. This action is DISMISSED for Plaintiff's failure to prosecute. The Clerk shall close this case and enter judgment. IT IS SO ORDERED. (JUDGE JILL A. OTAKE)(shm)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) |
| COURT'S CERTIFICATE of Service - a copy of the #15 Minute Order and #16 Clerk's Judgment have been served by First Class Mail to Mark Alan Char at the address of record on May 15, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
Filing 14
ORDER REASSIGNING CASE: Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 18-00345 JAO-WRP on all further pleadings, EFFECTIVE 5/13/2019. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/8/2019 (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served by First Class Mail, on May 10, 2019, to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 13 EO: Plaintiff filed this action on 09/12/2018, complaining about events that allegedly occurred two years earlier in September and October 2016. 'Compl., ECF #1 . On 01/02/2019, the court found that Plaintiff stated a colorable claim against "ACO John Doe," and granted Plaintiff 90 days to conduct early discovery to identify ACO John Doe so that service could be timely perfected. Order, ECF #10 . Plaintiff was given 30 days to identify documents that he needed to identify ACO John Doe. On 01/25/2019, Plaintiff's motion for subpoenas for documents that he alleged were needed to identify ACO John Doe was denied as overbroad and not calculated to identify ACO John Doe. Order, ECF #11 . It has been well over two years since the events at issue here occurred, and more than 120 days since the court granted Plaintiff leave to conduct early discovery for a period of 90 days. Plaintiff has had ample time to identify ACO John Doe. Plaintiff's failure to identify ACO John Doe or provide an explanation showing good cause for this failure by Tuesday, April 30, 2019, may result in AUTOMATIC DISMISSAL of this case for Plaintiff's failure to prosecute this action by identifying ACO John Doe within 90 days, or to effect service of the Complaint within the time allowed by Fed. R. Civ. P. 4. IT IS SO ORDERED. (JUDGE JILL A. OTAKE)(shm)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 12
ORDER DENYING MOTION FOR LEAVE TO SERVE A SUBPOENA DUCES TECUM re #11 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 2/13/2019. (emt, )COURT'S CERTIFICATE of Service - Mark Alan Char served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 11 MOTION for Leave to Serve a Subpoena Duces Tecum for Production of Documents, Logs, Electronically Stored Information on the Third Party Who Has Them (Plaintiff's First Request); Declaration of Mark Char - by Plaintiff Mark Alan Char. (Attachments: #1 Transmittal Letter dated January 21, 2019, #2 Mailing Documentation) (emt, ) |
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Filing 10
ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART (1) The First Amended Complaint is DISMISSED in part for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). Claims alleged against Defendants Kaiser Permanente Moanalua Medical Center and its unidentified staff under 42 U.S.C. 1983 are DISMISSED with prejudice; state law claims are DISMISSED without prejudice, but without leave to reallege them herein. (2) Claims alleged against ACO John Doe in his individual capacity state aclaim and may proceed upon Chars notice of identification of this Defendant. (3) Char is GRANTED LEAVE to conduct early discovery, as limited above, to identify ACO John Doe for a period of ninety days as calculated from the date of this Order, pursuant to Fed. R. Civ. P. 45. Char shall inform the Court within thirty days what documents need to be produced by the Hawaii Department of Public Safety or OCCC to identify ACO John Doe and the Court will issue appropriate subpoenas. SIGNED by JUDGE JILL A. OTAKE on 1/2/2019. (jo) 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 9 [AMENDED] COMPLAINT FOR VIOLATION OF CIVIL RIGHTS; Jury Trial. Complaint against Kaiser Hospital; Doctors John Does 1-2; Jane Does 1-2; John Does 4-5; Jane Does 4-5, and ACO John Doe - filed by Mark Alan Char. (Attachments: #1 Transmittal letter "1", #2 Transmittal letter "2" [Letter stating in part: I am withdrawing my 1983 Lawsuits for Cases # CV 18-00302-JMS-RLP and # CV 18-00303-DKW-KJM], #3 Mailing documentation [Envelope stamped by facility; postmark date is not evident]) (afc) |
| Filing 8 EO: On 10/24/2018 the court dismissed Plaintiff's Complaint (in part) for its failure to state a claim for relief, with leave granted to amend [ECF 6]. Plaintiff now seeks appointment of counsel [ECF 7]. The court has discretion to request an attorney to represent an indigent civil litigant when there is a likelihood of success on the merits and the plaintiff is unable to adequately articulate his claims in light of their legal complexity. Agyeman v. Corr. Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). There is no operative pleading before the court to determine whether Plaintiff satisfies these factors. Based on Plaintiff's previous pleading, however, Plaintiff does not have a high likelihood of success, his claims are not particularly complex, and he is able to adequately articulate them regardless of whether he states a claim. Plaintiffs Motion for Appointment of Counsel is DENIED without prejudice. IT IS SO ORDERED. (JUDGE JILL A. OTAKE)(shm)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) |
| Filing 7 MOTION to Appoint Counsel by Plaintiff Mark Alan Char. (Attachments: #1 Transmittal letter, #2 Mailing documentation (Envelope stamped by facility; postmark date of 11/5/2018)) (afc) |
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Filing 6
ORDER DISMISSING COMPLAINT IN PART WITH LEAVE TO AMEND re: #1 . Excerpt of conclusion: "(1) The Complaint is DISMISSED in part for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). Counts I-VIII as alleged against Defendants Kaiser Hospital, Doctors John Does 1-2, and Jane Does 1-2 are DISMISSED without prejudice. Count IX, as alleged against ACO John Doe in his individual capacity states a claim and may proceed upon Char's notice to the court and identification of this Defendant. (2) Char may file an amended complaint on or before November 23, 2018, that cures the deficiencies in Counts I-VIII, if possible. (3) In the alternative, Char may notify the court in writing on or before November 23, 2018, that he elects to stand on his claims in Count IX against ACO John Doe, and the court will direct service of this claim when Char adequately identifies this Defendant.(4) Failure to file an amended complaint by November 23, 2018, or notify the court that Char elects to stand on his claims in Count IX against ACO John Doe, may result in dismissal of this action without further notice. "(6) Char's request to "'Stay pending Trial' is DENIED." Signed by JUDGE JILL A. OTAKE on 10/23/2018. (afc) COURTS CERTIFICATE SERVICE A copy of the instant Order and form "Pro Se 14," the Complaint for Violation of Civil Rights (Prisoner Complaint) form has been served this date by First Class Mail addressed to: MARK ALAN CHAR A0234438Oahu Community Correctional Center 2199 Kamehameha Highway Honolulu, HI 96819 Modified on 10/24/2018 to include language regarding the Request to Stay Pending Trial. (afc)
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| Filing 5 EO: Plaintiff's Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 4, is GRANTED pursuant to the Sept. 18, 2018 Order Provisionally Granting In Forma Pauperis Application, ECF No. 3. IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)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) |
| Filing 4 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Mark Alan Char. (Attachments: #1 Mailing Documentation) Note: Portions of the sender's address are not visible, docketing is unable to locate the original envelope. (emt, ) |
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Filing 3
ORDER PROVISIONALLY GRANTING IN FORMA PAUPERIS APPLICATION re #2 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/18/2018. (emt, )COURT'S CERTIFICATE of Service - Mark Alan Char served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on September 18, 2018. A copy of the Court's Application to Proceed In Forma Pauperis by a Prisoner form and instructions shall be included in the mailing to Mr. Char. Additionally, a copy of the Order shall be served by First Class Mail to the HCF Warden at Halawa Correctional Facility 99-902 Moanalua RdAiea, HI 96701 on September 18, 2018. DPS Litigation Coordinators Shelley Harrington, Esq. and Laurie Nadamoto, Esq., and the Finance Department for the U.S. District Court, District of Hawaii received this Order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Mark Alan Char. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT (Jury Trial Demanded, Stay Pending Trial) against All Defendants - filed by Mark Alan Char. (Attachments: #1 Transmittal Letter dated September 9, 2018, #2 Mailing Documentation) (emt, ) |
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