Tucker v. Kim
| Gregory Wayne Armstrong, Elwood Andrews, Jay Turkovsky, Valerie Bandmann, Keola Bandmann, Leilani Community Association, Inc. and James Dewey Tucker, II |
| Joe Kamelamela, Wil Okabe, William B. Long, Talmadge Magno and Harry Kim |
| Lee Maniscalco, Geraldine Lee Tobin, William E. Sullivan, Janet Sebala, Bonita R. Malone, Hendrika Ruder, P. Mclean Eames, Cheryl Carroll, Milo Clark, Kailia Avery, Tobias Brill, Brian F. Jordan, Marianne Farrell, Karin Tihopu, Philip Andrew Denney, Barbara Clyde Beardsley, Kahea Troy and Nancy Bird |
| 1:2018cv00445 |
| November 15, 2018 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| LESLIE E KOBAYASHI |
| RICHARD L PUGLISI |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 39 EO: terminating #23 Motion to Dismiss; terminating #7 Motion for TRO; terminating #7 Motion for Preliminary Injunction. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) |
| Filing 38 STIPULATION For Dismissal Of Federal Defendants Without Prejudice. Signed by JUDGE LESLIE E. KOBAYASHI.(cib, ) William B. Long (Administrator, Federal Emergency Management Agency, Individual Capacity and Official Capacity )terminated. |
| Filing 37 STIPULATION For Dismissal Of Intervenors-Defendants Without Prejudice. Signed by JUDGE LESLIE E. KOBAYASHI. (cib, ) Cheryl Carroll, Milo Clark, Philip Andrew Denney, P. Mclean Eames, Marianne Farrell, Brian F. Jordan, Bonita R. Malone, Lee Maniscalco, Hendrika Ruder, Janet Sebala, William E. Sullivan, Karin Tihopu, Kahea Troy, Nancy Bird and Tobias Brill terminated. |
Filing 36
STIPULATION For Partial Dismissal Without Prejudice As To Defendants Harry Kim, Will Okabe, Talmadge Magno, Joe Kamelamela; ORDER. Signed by JUDGE LESLIE E. KOBAYASHI.(cib, ) Talmadge Magno (Civil Defense Administrator, County of Hawaii, Individual Capacity and Official Capacity ), Wil Okabe (Managing Director, County of Hawaii, Individual Capacity and Official Capacity ), Joe Kamelamela (Corporation Counsel, County of Hawaii, Individual Capacity and Official Capacity ) and Harry Kim (Mayor, County of Hawaii, Individual Capacity and Official Capacity ) terminated.
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| Filing 35 EO: The Rule 16 Scheduling Conference in this action is set for 1/9/2019. Plaintiffs did not file a Scheduling Conference Statement as required by LR16.2. Based on the information contained in the Defendants' Scheduling Conference Statements, see ECF Nos. 31, 32, 34, the parties have agreed to stipulate to dismiss this action. Accordingly, the Court VACATES the Rule 16 Scheduling Conference set for 1/9/2018. No later than 1/11/2019, the parties shall submit the appropriate dismissal documents to kobayashi_orders@hid.uscourts.gov. If the parties are unable to meet this deadline, they shall file a Joint Status Report no later than 1/11/2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) |
| Filing 34 Scheduling Conference Statement DEFENDANT WILLIAM B. LONG'S RULE 16 SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE. (Spector, Sydney) |
| Filing 33 STATEMENT of No Opposition re #23 Counter MOTION to Dismiss Defendant William B. Long's Counter Motion to Dismiss Complaint filed by Joe Kamelamela, Harry Kim, Talmadge Magno, Wil Okabe. (Mukai, John) |
| Filing 32 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Yaindl, Georgette) |
| Filing 31 Scheduling Conference Statement . (Mukai, John) |
| Filing 30 EO: The Rule 16 Scheduling Conference set for 01/11/2019 is ADVANCED to 1/09/2019 at 09:00AM in Chambers of MAGISTRATE JUDGE RICHARD L. PUGLISI before MAGISTRATE JUDGE RICHARD L. PUGLISI. Rule 16 Scheduling Conference Statements are due by 1/04/2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) |
| Filing 29 Intervenors-Defendants ANSWER to #1 Complaint, Request for Injunction and Declaratory Judgment, filed November 18, 2018 by Georgette Anne Yaindl. (Attachments: #1 Certificate of Service)(Yaindl, Georgette) |
| Filing 28 EO: Based on the lack of opposition and finding good cause in support thereof, the Court GRANTS #13 Applicants for Intervention Kalia Avery et al.'s Motion to Intervene as Defendants. The Applicants for Intervention are allowed to intervene in this action as Defendants. The proposed Answer submitted with the Motion shall be filed no later than 12/21/2018. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) |
| Filing 27 NOTICE of Appearance by Andrew D.I. Son on behalf of Joe Kamelamela, Harry Kim, William B. Long, Talmadge Magno, Wil Okabe on behalf of Joe Kamelamela, Harry Kim, William B. Long, Talmadge Magno, Wil Okabe. (Attachments: #1 Certificate of Service)(Son, Andrew) |
| Filing 26 NOTICE of Hearing on Motion #23 Counter MOTION to Dismiss Defendant William B. Long's Counter Motion to Dismiss Complaint : Motion Hearing is set for 1/25/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) |
| Filing 25 Errata re #23 Counter MOTION to Dismiss Defendant William B. Long's Counter Motion to Dismiss Complaint . (Attachments: #1 Table of Contents, #2 Table of Authorities)(Spector, Sydney) |
| Filing 24 MEMORANDUM in Opposition re #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Georgette Anne Yaindl. (Attachments: #1 Certificate of Service)(Yaindl, Georgette) |
| Filing 23 Counter MOTION to Dismiss Defendant William B. Long's Counter Motion to Dismiss Complaint Sydney Spector appearing for Defendants William B. Long, United States Attorney for the District of Hawaii (Attachments: #1 Memorandum Memorandum In Support of Counter Motion to Dismiss Complaint and Opposition to Plaintiffs' Motion for Temporary Restraining Order (ECF No 7))(Spector, Sydney) |
| Filing 22 MEMORANDUM in Opposition re #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joe Kamelamela, Harry Kim, Talmadge Magno, Wil Okabe. (Attachments: #1 Declaration of John S. Mukai, #2 Declaration of Talmadge Magno, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Mukai, John) |
| ADVISORY ENTRY. No further action necessary. Advisory re: Assigned judge initials "LEK-RLP" rather that "HG-RLP" reflected with case number as to e-filings made on behalf of Elwood Andrews, docket entry #17 . (cib, ) |
| Filing 21 EO: COURT ORDER REGARDING PLAINTIFFS' MOTION TO PRESERVE THE STATUS QUO FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. re #7 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) |
| Filing 20 CERTIFICATE OF SERVICE by Elwood Andrews (Attachments: #1 Appendix)(Garbarino, Michael) |
| Filing 19 CERTIFICATE OF SERVICE by Elwood Andrews (Attachments: #1 Exhibit)(Garbarino, Michael) |
| Filing 18 STATEMENT of No Opposition re #13 MOTION to Intervene as Defendants filed by Joe Kamelamela, Harry Kim, Talmadge Magno, Wil Okabe. (Mukai, John) |
| Filing 17 Memorandum In Support of Motion For Temporary Restraining Order and Preliminary Injunction re #7 Michael Henry Garbarino appearing for Plaintiff Elwood Andrews (Attachments: #1 Declaration Certificate of Compliance)(Garbarino, Michael) Modified on 12/4/2018 to term motion. Incorrect event type was chosen. Correct event - Memorandum in Support (cib, ). |
| Filing 16 NOTICE of Appearance by Sydney Spector on behalf of United States Attorney for the District of Hawaii on behalf of United States Attorney for the District of Hawaii. (Spector, Sydney) |
| Filing 15 NOTICE of Appearance by Rachel S. Moriyama on behalf of United States Attorney for the District of Hawaii on behalf of United States Attorney for the District of Hawaii. (Moriyama, Rachel) |
| Filing 14 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #13 Motion to Intervene as Defendants without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) |
| Filing 13 MOTION to Intervene;as Defendants Georgette Anne Yaindl appearing for Intervenor Defendants Georgette Anne Yaindl, Lee Maniscalco, Milo Clark, Brian F. Jordan, Karin Tihopu, Janet Sebala, William E. Sullivan, Marianne Farrell, Philip Andrew Denney, Cheryl Carroll, Hendrika Ruder, Nancy Bird, Bonita R. Malone, P. Mclean Eames, Tobias Brill, Kahea Troy, Georgette Anne Yaindl, Defendants Barbara Clyde Beardsley, Geraldine Lee Tobin, Kailia Avery (Attachments: #1 Supplement Answer, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Certificate of Service)(Yaindl, Georgette) |
| Filing 12 EP: Status Conference held on 11/28/2018. (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) |
| Filing 11 EO: COURT ORDER SETTING STATUS CONFERENCE. Status Conference is set for 11/28/2018 at 09:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) |
| Filing 10 NOTICE of Appearance by John S. Mukai on behalf of Joe Kamelamela, Harry Kim, Talmadge Magno, Wil Okabe on behalf of Joe Kamelamela, Harry Kim, Talmadge Magno, Wil Okabe. (Mukai, John) |
| Filing 9 NOTICE of Case Reassignment: Please reflect Civil case number CV 18-00445 LEK-RLP on all further pleadings. (emt, ) |
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Filing 8
ORDER OF RECUSAL - Signed by JUDGE HELEN GILLMOR on 11/27/2018. JUDGE HELEN GILLMOR recused. Case reassigned to JUDGE LESLIE E. KOBAYASHI for all further proceedings. Please reflect case number CV 18-00445 HG-RLP on all further filings. (emt, )
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| Filing 7 [First MOTION for Temporary Restraining Order] Motion to Preserve the Status Quo, for Temporary Restraining Order and Preliminary Injunction Michael Henry Garbarino appearing for Plaintiff James Dewey Tucker, II (Attachments: #1 Exhibit Exhibit A, Affidavit of Jay Turkovsky, #2 Exhibit Exhibit B, Affidavit of James Tucker II, #3 Exhibit Exhibit C, Affidavit of Michael Garbarino)(Garbarino, Michael) Modified on 11/27/2018 (emt, ). . Added MOTION for Preliminary Injunction on 11/27/2018 (emt, ). |
| Filing 6 Summons Issued as to All Defendants. (emt, ) |
| Filing 5 Summons (Proposed) (Garbarino, Michael) |
| Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, ) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 1/11/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/16/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 18-00445 HG-RLP on all further pleadings. (emt, ) |
| ADVISORY ENTRY Re: The entry docket number #1 Complaint filed by James Dewey Tucker, II. Please be advised of the following: 1) The filing party may refer to LR10.2.(b) Identification of Person Filing a Document, which states "The name, Hawaii bar identification number, address, telephone number, facsimile number, and e-mail address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left-hand corner of the first page of each paper presented for filing..."; 2) The filing party may refer to LR100.2.5., Exhibits. LR100.2.5. states "Each exhibit referenced in a document shall be submitted as a separate CM/ECF attachment to the main document, regardless of the size of the file containing the exhibit." No further action is necessary. (emt, ) |
| Filing 1 COMPLAINT for Violation of Civil Rights; Request for Injunction and Declaratory Judgment against All Defendants ( Filing fee $ 400 receipt number 0975-2117858.), filed by James Dewey Tucker, II. (Attachments: #1 Exhibits A-F , #2 Civil Cover Sheet)(Garbarino, Michael) Docket text modified on 11/16/2018 (emt, ). |
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