Schott v. Matayoshi et al
| Suzanne Schott |
| Kathryn Matayoshi, Dominic Beralas, William Arakaki and Department of Education |
| 1:2018cv00449 |
| November 19, 2018 |
| US District Court for the District of Hawaii |
| KEVIN SC CHANG |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| None |
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 105 STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND PARTIES by Department of Education - Signed by JUDGE LESLIE E. KOBAYASHI. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #105 STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND PARTIES shall be served by First Class Mail to Suzanne Schott at the address of record on December 13, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 104 EP: TELEPHONIC STATUS CONFERENCE held. Discussion had. Mr. Nabeta reported settlement documents signed and check tendered to Ms. Schott on 11/22/2021. Stipulation to dismiss sent to Ms. Schott on 11/24/2021. Ms. Schott reported stipulation signed and sent back on 12/7/2021. Court EXTENDS deadline to submit stipulation to dismiss from 11/30/2021 to 12/15/2021. Stipulation to dismiss to be submitted to Kobayashi_Orders@hid.uscourts.gov. (ATT / 9:00 - 9:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 103 EP: CONFIDENTIAL TELEPHONE CONFERENCE held. Albert Tiberi*, Department of Education, participated by telephone.Discussion had. Plaintiff, Suzanne Schott, reports submitting retirement papers with an effective retirement date of 10/1/2021. Mr. Nabeta reports settlement agreement sent to Plaintiff on 8/2/2021, but Plaintiff has yet to return executed copy.Plaintiff confirms no issues with settlement documents and will execute. Plaintiff to print and sign settlement documents immediately and transmit to Mr. Nabeta. Plaintiff provided Mr. Nabeta's email and mailing address. Upon receipt of executed settlement documents, Mr. Tiberi directed to expedite process to tender settlement proceeds to Plaintiff. Parties to use best efforts to finalize settlement documents and tender funds as expeditiously as possible.Court EXTENDS deadline to submit stipulation to dismiss from 10/22/2021 to 11/30/2021.Court sets Telephonic Status Conference for 12/8/2021 at 9:00 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326.Should the stipulation to dismiss be received prior, the Court will vacate this conference.(ATT / SEALED 9:35 - 9:45 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 102 TRANSCRIPT of Proceedings (TELEPHONIC SETTLEMENT ON THE RECORD) held on June 23, 2021, before Judge Trader. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 10 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/10/2021. Release of Transcript Restriction set for 10/8/2021. (Cahill, Jessica) Modified on 7/15/2021 (emt, ). |
| Filing 101 TRANSCRIPT of Proceedings (CONFIDENTIAL SETTLEMENT CONFERENCE) held on June 23, 2021, before Judge Trader. PP. - 11 (Cahill, Jessica) Modified on 7/15/2021 (emt, ). |
Filing 100
ORDER TEMPORARILY UNSEALING HEARING FOR LIMITED PURPOSE OF PREPARING TRANSCRIPT re #99 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/29/2021. (emt, )COURT'S CERTIFICATE of Service - Suzanne Schott served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 29, 2021. 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 99 EP: CONFIDENTIAL TELEPHONE CONFERENCE and TELEPHONIC SETTLEMENT ON THE RECORD held.Albert Tiberi, Department of Education, participated by telephone.Mr. Nabeta reports contact information for Maile Hirokawa at Department of Education provided to Ms. Schott. Ms. Schott reported speaking to Ms. Hirokawa. Confidential Settlement Conference (1:40 - 2:17 p.m.): Court engaged in confidential settlement discussions with parties. Settlement reached.Settlement on the Record (2:17 - 2:30 p.m.):Court recited the material and essential terms of the settlement.Parties, through counsel, confirmed and consented to the settlement terms, as recited.Court finds the essential terms of a valid and binding settlement agreement have been set forth.Stipulated Dismissal With Prejudice due by 10/22/2021 and to be submitted to District Judge Kobayashi at kobayashi_orders@hid.uscourts.gov.Trial date and all further deadlines and court dates are vacated.Court to retain jurisdiction for limited time period to effectuate settlement. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673 (1994). Confidential Telephone Conference set for 10/26/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326.Should the stipulation to dismiss be received prior, the Court will vacate this conference.(ATT / 1:30 - 2:30 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 98 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Confidential Settlement Conference (1:32 - 1:57 p.m.): Court engaged in confidential settlement discussions with parties.Confidential Telephone Conference (1:58 - 2:05 p.m.):Discussion had. Mr. Tiberi directed to inquire with Department of Education regarding final issue discussed. Mr. Nabeta to inform Ms. Schott of results of inquiry.Court to ask District Judge Kobayashi to continue to hold in abeyance a decision on ECF #81 Defendant's Motion for Summary Judgment pending conclusion of settlement discussions.Court sets further Confidential Telephone Conference for 6/23/2021 at 1:30 p.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326. (ATT (SEALED)/ 1:30 - 2:05 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 97 EP: CONFIDENTIAL TELEPHONE CONFERENCE and CONFIDENTIAL SETTLEMENT CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Confidential Telephone Conference (1:30 - 1:40 p.m.):Discussion had. Ms. Schott provided update regarding communications with Department of Education contacts regarding her benefits. Confidential Settlement Conference (1:40 - 3:45 p.m. ):Settlement discussions had. Settlement in principle reached, subject to final approval and authorization by Defendant. Mr. Nabeta and Mr. Tiberi to seek final approval.Court to update District Judge Kobayashi regarding status of settlement discussions. Court sets Confidential Telephone Conference for 6/18/2021 at 1:30 p.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Mr. Nabeta to inform Court and Ms. Schott via email if final approval obtained prior to 6/18/2021 Confidential Telephone Conference. (ATT (SEALED)/ 1:30 - 1:40 p.m.) (No Record / 1:40 - 3:45 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 96 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Discussion had. Parties continue to cooperate. Defendants provide Plaintiff with name and telephone number for the individual able to provide Plaintiff with information concerning benefits. Plaintiff provides Defendants' representative, Mr. Tiberi, with Plaintiff's telephone number to relay to same individual. Court sets Confidential Telephone Conference for 6/2/2021 at 1:30 p.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(ATT (SEALED)/ 1:30 - 1:45 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 95 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Discussion had.Court sets Confidential Telephone Conference for 5/28/2021 at 1:30 p.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: 1. Dial 1-888-363-47352. Enter Access Code 2070326 (ATT (SEALED)/ 8:30 - 8:33 a.m., 8:55 - 9:05 a.m.) (No Record / 8:34 - 8:55 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 94 EP: TELEPHONIC SETTLEMENT CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Discussion had. No settlement. Both Plaintiff and Defendant to make inquiries regarding last proposal.Court sets Confidential Telephone Conference for 5/21/2021 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326 (No Record / 11:00 - 12:15 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 93 EP: TELEPHONIC SETTLEMENT CONFERENCE held.Albert Tiberi, Department of Education, participated by telephone.Discussion had. No settlement.Court confirms the Telephonic Settlement Conference set for 5/12/2021 at 11:00 a.m. before Magistrate Judge Trader to remain on calendar. Confidential Settlement Conference statements due by 5/5/2021 to Trader_Orders@hid.uscourts.gov.Parties directed to meet and confer prior to 5/12/2021 Settlement Conference. (No Record / 10:05 - 11:55 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURT'S 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 92 EO: Dial-in instructions for the Confidential Settlement Conference set for 4/7/2021 at 10:00 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa) 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 91 REPLY Defendant's Reply to [DN #88 ] Plaintiff's Response in Opposition to [DN #81 ] Defendant Department of Education, State of Hawaii's Motion for Summary Judgment Filed March 10, 2021; Certificate of Compliance; Certificate of Service filed by Department of Education. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Yang, Quinn) Modified on 4/5/2021 (emt, ). |
| Filing 90 SEALED EXHIBIT "A" to #83 Defendant State of Hawaii, Department of Education's Expert Witness Disclosure - filed by Department of Education. SEALED pursuant to ECF No. #89 ORDER GRANTING DEFENDANT STATE OF HAWAII, DEPARTMENT OF EDUCATION'S MOTION TO FILE UNDER SEAL EXHIBIT "A", ATTACHED TO THE DEFENDANT'S EXPERT WITNESS DISCLOSURE. (emt, ) (emt, ). |
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Filing 89
ORDER GRANTING DEFENDANT STATE OF HAWAII, DEPARTMENT OF EDUCATION'S MOTION TO FILE UNDER SEAL EXHIBIT "A", ATTACHED TO THE DEFENDANT'S EXPERT WITNESS DISCLOSURE re #84 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/25/2021. (emt, )COURT'S CERTIFICATE of Service - Suzanne Schott shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 29, 2021. 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 88 OPPOSITION to #81 Defendant's MOTION for Summary Judgment filed by Suzanne Schott. (Attachments: #1 Declaration of Support of Opposition, #2 Statement of Genuine Issues of Material Fact in Dispute, #3 Certificate of Service, #4 Exhibit A-1, #5 Exhibit C (RESTRICTED to case participants) , #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit H, #10 Exhibit I, #11 Exhibits B and G (audio files), #12 Mailing Documentation) Exhibits B and G (audio files) retained by Clerks' Office. (emt, ) Modified on 3/24/2021 Exhibit C is restricted to case participants due to the disclosure of personal identification (emt, ). |
| Filing 87 EO: Due to a conflict in the Court's schedule, the Settlement Conference set for 5/12/2021 at 10:00 AM is CONTINUED to 11:00 AM the same day before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(laa)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 86 EO: Defendant's MOTION #81 for Summary Judgment, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 3/25/2021.Optional Reply Memorandum is due: 4/1/2021.Defendant's MOTION #81 for Summary Judgment; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI) (afe)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 85 Errata to [DN #81 ] Defendant State of Hawaii, Department of Education's Motion for Summary Judgment Filed March 10, 2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 (emt, ). |
| Filing 84 MOTION to Seal Document Defendant State of Hawaii, Department of Education's Motion to File Under Seal Exhibit A, Attached to the Defendant's Expert Witness Disclosure; Declaration of Quinn Yang; Certificate of Service Quinn Hugh Yang appearing for Defendant Department of Education (Attachments: #1 Declaration of Quinn Yang, #2 Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 (emt, ). |
| Filing 83 Expert Witness Disclosure. filed by Department of Education. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Yang, Quinn) Modified on 3/25/2021 refer to ECF No. #90 Exhibit "A" (SEALED) filed under seal pursuant to ECF No. #89 Order (emt, ). |
| Filing 82 CONCISE STATEMENT of Facts in Support of re #81 MOTION for Summary Judgment filed by Department of Education. (Attachments: #1 Declaration of Beth Schimmelfennig, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Dominic Beralas, #6 Exhibit DBR, #7 Declaration of Chandel Sithammalat, #8 Declaration of William Arakaki, #9 Exhibit A, #10 Exhibit B, #11 Exhibit Declaration of Linda Uyehara, #12 Exhibit Declaration of Corey Nakamura, #13 Exhibit Declaration of Paul Zina, #14 Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 (emt, ). |
| Filing 81 MOTION for Summary Judgment Quinn Hugh Yang appearing for Defendant Department of Education (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Compliance, #3 Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 (emt, ). |
| Filing 80 NOTICE of Withdrawal of #79 Defendant's Motion for Summary Judgment by Quinn Hugh Yang on behalf of Department of Education. (Attachments: #1 Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 (emt, ). |
| Filing 79 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion; Declaration of Beth Schimmelfennig; Declaration of Dominic Beralas; Declaraton of Chandel Sithammalat; Declaration of William Arakaki; Declaration of Linda Uyehara; Declaration of Corey Nakamura; Declaration of Paul Zina; Certificate of Compliance; Certificate of Service Quinn Hugh Yang appearing for Defendant Department of Education (Attachments: #1 Table of Contents, #2 Table of Authorities, #3 Memorandum Memorandum in Support of Motion, #4 Declaration Declaration of Beth Schimmelfennig, #5 Declaration Declaration of Dominic Beralas, #6 Declaration Declaration of Chandel Sithammalat, #7 Declaration Declaration of William Arakaki, #8 Declaration Declaration of Linda Uyehara, #9 Declaration Declaration of Corey Nakamura, #10 Declaration Declaration of Paul Zina, #11 Certificate of Service Certificate of Compliance, #12 Certificate of Service Certificate of Service)(Yang, Quinn) Modified on 3/11/2021 Document refiled as ECF No. #81 (emt, ). |
| Filing 78 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had regarding readiness for early settlement discussions. Parties confirm in-person IME is scheduled for 2/1/21. Mr. Yang reports parties should be ready for early settlement following the IME and filing of anticipated dispositive motions due 3/10/21. Court sets Early Settlement Conference for 4/7/2021 at 10:00 a.m. before Magistrate Judge Trader. Confidential Settlement Conference statements due by 3/31/2021 to Trader_Orders@hid.uscourts.gov. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326 (No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 77 EO: Dial-in instructions for the Confidential Telephone Conference set for 1/27/2021 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)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 76
SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 10/22/2020. (emt, )COURT' S CERTIFICATE of Service - Suzanne Schott shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 23, 2020. 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 75 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had regarding adjusting trial date and unexpired deadlines to accommodate in-person IME scheduled for February 2021. Parties agree IME required before further settlement discussions will be productive.Based upon agreement of the parties and the Court's finding of good cause, trial is CONTINUED from 02/8/2021 to 8/9/2021 before District Judge Jill A. Otake. Parties advised to complete discovery and that no further trial continuances will be entertained. Court sets Confidential Telephone Conference on 1/27/2021 at 9:30 a.m. before Magistrate Judge Trader. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Amended Rule 16 Scheduling Order to issue.Dates given: Non-Jury Trial is set for 8/9/2021 at 09:00 AM before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 6/29/2021 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 5/12/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference Statements due by 5/5/2021. Confidential Telephone Conference is set for 1/27/2021 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER. Discovery due by 6/14/2021. Dispositive Motions filed by 3/10/2021. (No Record / 10:00 - 10:20 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)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 74 NOTICE of Appearance by Quinn Hugh Yang on behalf of William Arakaki, Dominic Beralas, Department of Education, Kathryn Matayoshi on behalf of William Arakaki, Dominic Beralas, Department of Education, Kathryn Matayoshi. (Attachments: #1 Certificate of Service)(Yang, Quinn) |
| Filing 73 EO: Dial-in instructions for Confidential Telephone Conference set for 10/21/2020 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code (2070326). (MAGISTRATE JUDGE ROM TRADER)(laa)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 72 Letter requesting a continuance of deadlines addressed to Magistrate Judge Rom A. Trader from Quinn Yang, Deputy Attorney General, dated October 9, 2020. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 71 EP: TELEPHONE CONFERENCE held.Discovery:Discussion had regarding Independent Medical Examination ("IME") tentatively scheduled for October 2020. Parties directed to confer as to whether possible to conduct IME remotely or in-person. Adjust Deadlines:Based upon agreement of the parties and the Court's finding of good cause, the deadline to file dispositive motions and for Defendant's expert disclosures is extended from 09/09/2020 to 11/09/2020. All other deadlines remain unchanged.Confidential Telephone Conference set for 10/21/2020 at 9:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provide dial-in instructions.Court directs Courtroom Manager to mail copy of minutes and call-in instructions to Plaintiff. (ATT / 9:00 - 9:12) (MAGISTRATE JUDGE ROM TRADER)(jp)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 70 EP: TELEPHONE CONFERENCE held.Discussion had. Due to COVID-19 restrictions, parties have been unable to complete Independent Medical Examination ("IME"). Anticipate earliest date IME may be scheduled is October 2020. Parties to continue to cooperate as to remaining discovery, however, given current challenges, anticipate need to discuss possible adjustment of certain pre-trial deadlines. Confidential Telephone Conference set for 09/02/2020 at 9:00 a.m. before Magistrate Judge Trader. Courtroom Manager to provide call-in instructions. Parties to update court as to status of IME and remaining discovery. (AT&T Service (9:00 - 9:07).) (MAGISTRATE JUDGE ROM TRADER)(jp)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 69
AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 4/24/2020. (emt, )COURT'S CERTIFICATE of Service - Suzanne Schott shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 27, 2020. 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 68 EP: Based upon the agreement of the parties and the Court's finding of good cause, trial is continued from 08/24/2020 to 02/08/2021 at 9:00 a.m. before District Judge Kobayashi. All unexpired deadlines are extended consistent with the new trial date. All expired deadlines remain closed.The Settlement Conference set for 05/28/2020 at 10:00 a.m. before Magistrate Judge is VACATED. Telephone Conference is set for 06/30/2020 at 9:00 a.m. before Judge Trader. Courtroom Manager to provide dial-in instructions.New dates given: Non-Jury Trial is set for 02/08/2021 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI.Final Pretrial Conference is set for 12/29/2020 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER.Settlement Conference is set for 11/12/2020 at 10:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 09/09/2020. Discovery due by 12/11/2020. (FTR-Ctrm AT&T Conference Call (9:29 - 9:43).) (MAGISTRATE JUDGE ROM TRADER)(jp)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 67 EO: Pursuant to the request of Counsel for the Defendant and with concurrence of Pro Se Plaintiff Schott, a Telephone Conference is set for 04/24/2020 at 9:30 a.m. before MAGISTRATE JUDGE ROM TRADER. Call-in information for telephone conference is listed below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Participants to call in per the instructions below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standby".5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp)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 66 EP: TELEPHONE CONFERENCE held.By agreement of the parties, the Court extends Defendants Expert Witness Disclosure deadline and Dispositive Motions deadline from 03/25/2020 to 04/24/2020.Court encourages parties to engage in settlement discussions as appropriate. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)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 65 EO: Court schedules a Telephone Status Conference for 03/24/2020 at 9:30 a.m. before Magistrate Judge Trader. Mr. Yang directed to contact Pro Se Plaintiff, Ms. Schott, to notify her of the conference and to discuss any proposed extension of deadlines. Court to initiate the conference call. Court to call Ms. Schott at phone number listed in the docket. Mr. Yang to provide CRM with a phone number. CRM to send copy of this EO to Ms. Schott. (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Suzanne Schott has been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 64 EP: TELEPHONE CONFERENCE held.Pro Se Plaintiff Suzanne Schott present by telephone.Mr. Yang and Mr. Nebeta for the Defendant present by telephone.Discussion had. Discovery in process. Parties directed to meet and confer to attempt good faith resolution of any discovery disputes. Mr. Yang represented Defendant intends to file dispositive motions.Court confirms Settlement Conference previously scheduled for 5/28/20 at 10:00 a.m. Parties are required to attend in person unless otherwise permitted by the Court. Parties directed to exchange settlement offers prior to the conference.All dates and deadlines remain in effect.CRM to mail copy of minutes to Pro Se Plaintiff, Ms. Schott. (FTR-Ctrm C5 (9:08 - 9:17).) (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Suzanne Schott has been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 63 EP: Status Conference held. Discussion had.Court explored benefits of scheduling a Settlement Conference prior to the Settlement Conference set for 05/28/2020 at 10:00 a.m. Telephone Conference set for 02/12/2020 at 09:00 a.m. before Judge Rom Trader. Parties are not required to provide anything prior to the telephone conference. Parties should be prepared to update the Court on any dispositive motion that are contemplated and if there is an opportunity for settlement discussion earlier than the 05/28/2020 scheduled Settlement Conference.Ms. Loui expressed the possibility for the need to seek an adjustment in dates and deadlines. Telephone Conference is set for 02/12/2020 09:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (FTR-Ctrm FTR C5 (09:05 - 09:21).) (MAGISTRATE JUDGE ROM TRADER)(jp)COURTS CERTIFICATE of Service - Suzanne Schott have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 62 EO: Mr. Halvorson's request (Dkt. 61 ) to have new counsel of record, Quinn Yang participate by phone for the status hearing scheduled for Wednesday 1/8/2020 is hereby GRANTED.. (JUDGE LESLIE E. KOBAYASHI) (afe)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 60 EP: Settlement Conference - Discussion had.No settlement.Court sets a Status Conference for 1/8/20 @ 9:00 a.m.Ms. Schott is allowed to appear by telephone. Status Conference is set for 1/8/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter no Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 59 SUMMONS Returned Executed by Suzanne Schott. Department of Education served on 9/11/2019 through Albert Tiberi. (emt, ) |
| Filing 58 Summons Issued as to Department of Education. (cib) |
| COURT'S CERTIFICATE of Service - a copy of #56 Amended Complaint, #58 Summons Issued has been served by First Class Mail to the addresses of record for Suzanne E. Schott. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 57 Defendant Department of Education, State of Hawaii's Answer to First Amended Complaint filed on August 23, 2019 ANSWER to #56 Amended Complaint by Department of Education. (Attachments: #1 Certificate of Service)(Keating, Jeffrey) |
| Filing 56 FIRST AMENDED COMPLAINT against Department of Education, filed by Suzanne Schott. (Attachments: #1 Certificate of Service, #2 mailing documentation)(cib) |
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Filing 55
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE ROM TRADER on 8/20/2019. (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 54 EP: Rule 16 Scheduling Conference - Plaintiff's Motion for Leave to File First Amended Complaint:As to Plaintiff's Motion for Leave to File First Amended Complaint, filed 08/08/2019 (ECF 52), the Parties have reached agreement to allow Plaintiff to file a First Amended Complaint by adding the Department of Education, State of Hawaii as a party in lieu of the individual Defendants named in the original Complaint (ECF 1). Accordingly, the Court GRANTS Plaintiff's Motion for Leave to File First Amended Complaint. Plaintiff shall file her First Amended Complaint by no later than 09/03/2019. The Court VACATES the hearing on said motion scheduled for 09/12/2019 at 09:30 a.m.Non Jury Trial is set for 8/24/20 @ 9:00 a.m. before Judge Kobayashi.An Early Settlement Conference is set for 9/30/19 @ 10:00 a.m.Confidential settlement conference letters are due by 9/23/19.Ms. Schott to be present.Court to issue a Rule 16 Scheduling Conference Order.Court reminds Ms. Schott that she is responsible to meet the requirements of the rules and to meet all deadlines.Dates given: Non-Jury Trial is set for 8/24/2020 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 7/14/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 9/30/2019 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference #2 is set for 5/28/2020 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 3/25/2020. Discovery due by 6/26/2020. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 #55 Scheduling Order, has been served by First Class Mail to the addresses of record on Suzanne Schott. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 53 NOTICE of Hearing on Motion #52 MOTION for Leave to File : Motion Hearing is set for 9/12/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )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 52 MOTION for Leave to File First Amended Complaint filed by Plaintiff Suzanne Schott. (Attachments: #1 First Amended Complaint, #2 Certificate of Service Motion For Leave To File First Ameded Complaint, #3 Certificate of Service First Amended Complaint)(cib) (Additional attachment(s) added on 8/9/2019: #4 Mailing documentation) (cib, ). |
| Filing 51 EO: On 5/29/19, Plaintiff Suzanne Schott filed a Motion for Leave to First [sic] Amended Complaint ("Motion") [ECF No. 44]. On 6/5/19, Defendants Kathryn Matayoshi, William Arakaki, and Dominic Beralas filed a Memorandum in Opposition to Plaintiff's Motion for Leave to File First Amended Complaint ("Opposition") [ECF No. 48]. The Court elects to decide the Motion without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice for the United States District Court for the District of Hawaii ("Local Rule"). On 5/9/19, "Plaintiff's Brief in Support of Motion to Amend and for Joinder of Additional Defendants" [ECF No. 35] was construed as a Motion for Leave to File First Amended Complaint and was denied without prejudice because Plaintiff had not complied with Local Rule 10.3. Plaintiff was granted leave to cure this defect and to file a Motion for Leave to File First Amended Complaint by 5/30/19. Plaintiff timely filed the Motion. Plaintiff has attached a document titled "First Amended Complaint" to the Motion, but the document is not a first amended complaint because it contains argument in support of filing an amended complaint. In addition to having the title "First Amended Complaint," the document should be the amended complaint Plaintiff intends to file should the Court grant leave to do so. The proposed "First Amended Complaint" may not incorporate any other document by reference and should not contain any argument in support of filing an amended complaint. Thus, Plaintiff has not complied with Local Rule 10.3. Accordingly, the Court DENIES the Motion WITHOUT PREJUDICE. Plaintiff is GRANTED leave to file a Motion for Leave to File First Amended Complaint by 8/9/19. Plaintiff must attach the First Amended Complaint to the motion. Plaintiff is reminded that she is required to "abide by all local, federal, and other applicable rules and/or statutes." Local Rule 83.13. Failure to meet this duty or to comply with the rules could result in sanctions or dismissal of the case. denying #44 Motion to Amend/Correct. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 50 EP: Rule 16 Scheduling Conference - not held. Discussion held re: Plaintiff's Motion for Leave to File First Amended Complaint #44 set for 7/25/19 @ 9:30 a.m. Defendants have filed their opposition, and Ms. Schott stated that the Court should be receiving her reply today.It is the Court's intent to issue a ruling without a hearing. The Rule 16 Scheduling Conference is continued to 8/20/19 @ 9:00 a.m. Ms. Schott may appear by telephone. Rule 16 Scheduling Conference is set for 09:00AM on 8/20/2019 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 49 NOTICE of Appearance by Nelson Y. Nabeta on behalf of William Arakaki, Dominic Beralas, Kathryn Matayoshi on behalf of William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Certificate of Service)(Nabeta, Nelson) |
| Filing 48 MEMORANDUM in Opposition re #44 MOTION to Amend/Correct filed by William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Keating, Jeffrey) |
| Filing 47 EO: Suzanne Schott is allowed to appear by telephone at the Motion for Leave to Amend set for 7/25/19 @ 9:30 a.m. before Magistrate Judge Trader. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 46 NOTICE of Hearing on Motion #44 MOTION to Amend/Correct : Motion Hearing is set for 7/25/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )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 45 EO: Suzanne Schott is allowed to appear by telephone at the Rule 16 Scheduling Conference set for 6/20/19 @ 9:30 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 44 MOTION For Leave To First Amended Complaint filed by Plaintiff Suzanne Schott. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Certificate of Service, #3 Mailing Documentation)(cib) |
| Filing 43 EO: COURT ORDER DEEMING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND/OR MOTION TO DISMISS COMPLAINT WITHDRAWN. terminating #26 Motion for Judgment on the Pleadings; terminating #26 Motion to Dismiss. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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 42 EO: On 4/11/19, Plaintiff Suzanne E. Schott filed Plaintiff's Brief in Support of Motion to Amend and for Joinder of Additional Defendants ("Motion") [ECF No. 35]. On 5/6/19, Defendants William Arakaki, Dominic Beralas, and Kathryn Matayoshi filed a Memorandum in Opposition to Plaintiff's Brief in Support of Motion to Amend and For Joinder of Additional Defendants [ECF No. 40]. The Court finds the Motion suitable for disposition without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice of the United States District Court for the District of Hawaii. The Court construes Plaintiff's Motion as a Motion for Leave to File First Amended Complaint. Plaintiff has not complied with Local Rule 10.3 that requires Plaintiff to attach the entire pleading, as amended, to the Motion. Plaintiff may not incorporate any part of a prior pleading by reference. Accordingly, Plaintiff's motion is DENIED WITHOUT PREJUDICE. Plaintiff is GRANTED leave to file a Motion for Leave to File First Amended Complaint by 5/30/19 with the proposed amended complaint attached. denying #35 Motion to Amend/Correct. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 41 EP: Rule 16 Scheduling Conference - not held. Discussion held re: Defendants' Motion for Judgment on the Pleadings and/or Motion to Dismiss Complaint Filed on 11/19/18 and Plaintiff's Motion to Amend that are currently pending.Ms. Schott is reminded that she must follow all rules of the Court, and must meet all deadlines.The Rule 16 Scheduling Conference is continued to 6/20/19 @ 9:30 a.m.Ms. Schott may appear by telephone at this hearing. Court informed the parties that it may issue a ruling on Plaintiff's Motion to Amend without a hearing. In the future, Ms. Schott may request to appear by telephone at future hearings, but she must contact the CRM and notify opposing counsel.Depending upon the outcome of the pending motions, parties are encouraged to think about resolving this case on terms agreeable to both sides. Rule 16 Scheduling Conference is set for 09:30AM on 6/20/2019 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 40 MEMORANDUM in Opposition to Plaintiff's Brief in Support of Motion to Amend and for Joinder of Additional Defendants filed by William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Keating, Jeffrey) |
| Filing 39 Scheduling Conference Statement; Certificate of Service filed by Suzanne E. Schott. (Attachments: #1 Certificate of Service, #2 mailing documentation)(cib) |
| Filing 38 Scheduling Conference Statement Defendants' Rule 16 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Keating, Jeffrey) |
| Filing 37 REPLY to Response to Motion re #26 MOTION for Judgment on the Pleadings and/or Motion to Dismiss Complaint Filed on November 19, 2018; Memorandum in Support of Motion MOTION to Dismiss filed by William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Keating, Jeffrey) |
| Filing 36 NOTICE of Hearing on Motion #35 MOTION to Amend/Correct #1 Complaint :. Motion Hearing is set for 6/20/2019 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (tbf, )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 35 MOTION to Amend/Correct Complaint by Plaintiff Suzanne Schott re #1 . Filed as "Plaintiff's Brief in Support of Motion to Amend and for Joinder of Additional Defendants." (Attachments: #1 mailing documentation)(cib) |
| Filing 34 OPPOSITION to Defendant's Motion To Dismiss filed by Suzanne Schott re #26 . (Attachments: #1 Exhibit 1 -11- Audio file thumb drive Retained in Clerk's Office, #2 Exhibit 1a, #3 Exhibit 1b, #4 Exhibit 2a, #5 Exhibit 2b, #6 Exhibit 3a, #7 Exhibit 3b, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6 and 7a, #11 Exhibit 7b, #12 Exhibit 8, #13 Exhibit 10, #14 Exhibit 11, #15 Certificate of Service, #16 mailing documentation) Thumb drive retained in the Clerk's Office.(cib) |
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Filing 33
ORDER DENYING PLAINTIFF'S APPEAL AND AFFIRMING THE MAGISTRATE JUDGE'S NOVEMBER 21, 2018 ORDER re: #31 "On the basis of the foregoing, Plaintiff's appeal of the magistrate judge's Order Denying Without Prejudice Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs and Denying Plaintiff's Request for Appointment of Counsel, filed March 11, 2019, is HEREBY DENIED and the magistrate judge's 11/21/18 Order is AFFIRMED. IT IS SO ORDERED." Signed by JUDGE LESLIE E. KOBAYASHI on 4/2/2019 (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 32 EO: COURT ORDER CONSTRUING PLAINTIFF'S MARCH 11, 2019 FILING AS AN APPEAL OF THE MAGISTRATE JUDGE'S ORDER. re #31 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Suzanne Schott re #5 Order on Motion for Leave to Proceed in forma pauperis,,, Order on Motion to Appoint Counsel,,. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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 31 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Suzanne Schott re #5 . (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) |
| Filing 30 EO: COURT ORDER VACATING HEARING ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND/OR MOTION TO DISMISS COMPLAINT FILED ON NOVEMBER 19, 2018. re 29 Correspondence. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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 28 INITIAL DISCLOSURE by William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Certificate of Service)(Keating, Jeffrey) |
| Filing 27 NOTICE of Hearing on Motion #26 MOTION for Judgment on the Pleadings and/or Motion to Dismiss Complaint Filed on November 19, 2018; Motion Hearing is set for 5/3/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )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 26 MOTION for Judgment on the Pleadings and/or Motion to Dismiss Complaint Filed on November 19, 2018; Memorandum in Support of Motion Jeffrey A. Keating appearing for Defendants Dominic Beralas, William Arakaki, Kathryn Matayoshi (Attachments: #1 Memorandum in support of Motion, #2 Certificate of Service)(Keating, Jeffrey). Added MOTION to Dismiss Complaint on 2/28/2019 (cib, ). |
| Filing 25 Defendants Kathryn Matayoshi, William Arakaki, and Dominic Beralas ANSWER to #1 Complaint by William Arakaki, Dominic Beralas, Kathryn Matayoshi. (Attachments: #1 Certificate of Service)(Keating, Jeffrey) |
| Filing 24 EO: On February 13, 2019, Plaintiff Suzanne E. Schott filed a Request for Extension of Time Within Which to Serve Summons and Complaint ("Motion"). Plaintiff requests a 60-day extension to serve her Complaint because Defendant Kathryn Matayoshi has been out of state. In her Motion, Plaintiff incorrectly summarizes this Court's 2/5/19 EO by saying that this Court "stat[ed] that Plaintiff needed to serve summons again." Plaintiff is wrong. This Court did not evaluate whether service was properly made. The 2/5/19 EO specifically notes that "[w]ithout addressing any issue regarding service, Plaintiff is reminded that the time limit for service is within 90 days after the complaint is filed." This Court reiterates that it is Plaintiff's responsibility to prosecute her case and ensure that service was properly made. The Court finds that good cause exists to extend the time to serve the Complaint. Accordingly, Plaintiff's Motion is GRANTED. The time for service shall be extended until no later than 4/18/19.The Court continues the Rule 16 Scheduling Conference from 3/18/19 at 9:00 a.m. to 5/9/19 at 9:00 a.m. Rule 16 Scheduling Conference statements to be filed by 5/2/19. granting #22 Motion for Extension of Time to File. Rule 16 Scheduling Conference is set for 09:00AM on 5/9/2019 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 23 SUMMONS Returned Executed as to Kathryn Matayoshi served on 2/12/2019 filed by Suzanne Schott. (cib) |
| Filing 22 MOTION for Extension of Time Within Which to Serve Summons and Complaint by Plaintiff Suzanne Schott (Attachments: #1 Proposed Order) Clerk's note: Document received at the counter (jo) |
| Filing 21 SUMMONS Returned Executed as to William Arakaki served on 2/5/2019 filed by Suzanne Schott. (Attachments: #1 Letter from Plaintiff Suzanne E. Schott, #2 mailing documentation)(cib) |
| Filing 20 SUMMONS Returned Executed as to Dominic Beralas served on 2/5/2019 filed by Suzanne Schott. (Attachments: #1 Letter from Plaintiff Suzanne E. Schott, #2 mailing documentation)(cib) |
| Filing 19 EO: COURT'S ORDER re 18 Correspondence, 17 Correspondence. Rule 16 Scheduling Conference set for 2/14/2019 at 09:00AM is continued to 3/18/2019 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(wnn, )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 16 SUMMONS Returned Executed as to Kathryn Matayoshi served on 1/7/2019 filed by Suzanne Schott. (cib) |
| Filing 15 SUMMONS Returned Executed as to William Arakaki served on 1/7/2019 filed by Suzanne Schott. (cib) |
| Filing 14 SUMMONS Returned Executed as to Dominic Beralas served on 1/7/2019 filed by Suzanne Schott. (cib, ) |
| COURT'S CERTIFICATE of Service - a copy of 12 Notice of Case Reassignment,, has been served by First Class Mail to the addresses of record on to: Suzanne Schott. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, dist) |
| Filing 13 EO: Pursuant to Suzanne Schott's request, the Rule 16 Scheduling Conference set for 1/14/19 @ 9:00 AM is continued to 2/14/2019 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 2/7/19. (MAGISTRATE JUDGE ROM TRADER)(tbf, )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 12 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. MAGISTRATE JUDGE KEVIN S.C. CHANG no longer assigned to case Please reflect new case number CV 18-00449-LEK-RT on all further pleadings . (apg, dist)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 11 Summons Issued as to Kathryn Matayoshi. (jo) |
| Filing 10 Summons Issued as to Dominic Beralas. (jo) |
| Filing 9 Summons Issued as to Defendant William Arakaki. (jo) Modified on 12/28/2018 (jo, ). |
| Filing 8 Filing Fee Received re #1 Complaint: $ 400.00; receipt number HI025516. (jo) (Additional attachment(s) added on 12/28/2018: #1 Mailing Envelope) (jo, ). |
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Filing 7
ORDER Denying Amended Application To Proceed in District Court Without Prepaying Fees or Costs #6 signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/7/2018. (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 6 Amended MOTION for Leave to Proceed in Forma Pauperis by Plaintiff Suzanne Schott. (Attachments: #1 Mailing Envelope) (jo) Modified on 12/3/2018 (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 5
ORDER Denying Without Prejudice Plaintiff's Application to Proceed In District Court Without Prepaying Fees or Costs and Denying Plaintiff's Request for Appointment of Counsel Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/21/2018. (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 (A copy of the foregoing document and a blank IFP Application will be mailed to Plaintiff at her last known address) (NEF)
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 1/14/2019 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/20/2018. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(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 3 REQUEST For Appointment Of Counsel Under the Civil Rights Act of 1964; 42 U.S.C. 2000e-5(f)(1)(B); Declaration In Support of Request filed by Plaintiff Suzanne Schott. (cib, ) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis filed by Plaintiff Suzanne Schott. (cib, ) |
| Filing 1 EMPLOYMENT DISCRIMINATION COMPLAINT against William Arakaki, Dominic Beralas, Kathryn Matayoshi filed by Suzanne Schott.(cib, ) |
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