Hawai`i Disability Rights Center v. Kishimoto
Plaintiff: Hawai`i Disability Rights Center
Defendant: Christina Kishimoto and Pankaj Bhanot
Case Number: 1:2018cv00465
Filed: November 28, 2018
Court: US District Court for the District of Hawaii
Presiding Judge: LESLIE E KOBAYASHI
Referring Judge: RICHARD L PUGLISI
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 20 U.S.C. § 1401
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2019 Opinion or Order Filing 37 CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit "A" - Designated Representative of the State of Hawaii, Department of Human Services] (Osika, Maile)
January 18, 2019 Opinion or Order Filing 36 CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit "A" - Designated Representative of the State of Hawaii, Department of Education] (Osika, Maile)
January 18, 2019 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto Re Defendants Christine Kishimoto And Pankaj Bhanot's Initial Disclosures (Cruz, Skyler)
January 18, 2019 Opinion or Order Filing 34 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Cruz, Skyler)
January 18, 2019 Opinion or Order Filing 33 CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff Hawaii Disability Rights Center's Initial Disclosures] (Osika, Maile)
January 18, 2019 Opinion or Order Filing 32 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Osika, Maile)
January 18, 2019 Opinion or Order Filing 31 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Osika, Maile)
January 17, 2019 Opinion or Order Filing 30 EO: COURT ORDER DIRECTING PARTIES TO SCHEDULE STATUS CONFERENCE. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
January 17, 2019 Opinion or Order Filing 29 STIPULATED PROTECTIVE ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 1/17/2019. (cib)
January 16, 2019 Opinion or Order Filing 28 Letter Brief addressed to Judge Leslie E. Kobayashi from Skyler G. Cruz, Counsel for Defendants, dated on 1/15/2019 re: Evidentiary hearing on Plaintiff Hawaii Disability Rights Center's Motion For Preliminary Injunction re #24 . (cib, )
January 14, 2019 Opinion or Order Filing 27 Letter Brief addressed to Judge Leslie E. Kobayashi from Maile Osika, Counsel for Plaintiff, dated 1/8/2019 re: Plaintiff's Witnesses and Exhibits for Evidentiary Hearing #24 . (cib, )
January 7, 2019 Opinion or Order Filing 26 CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Production of Documents to Defendant Pankaj Bhanot, in his Official Capacity as Director of the State of Hawaii, Department of Human Services; Exhibit "A"] (Osika, Maile)
January 7, 2019 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Production of Documents to Christina Kishimoto, in her Official Capacity as Superintendent of the State of Hawaii, Department of Education; Exhibit "A"] (Osika, Maile)
December 27, 2018 Opinion or Order Filing 24 EO: COURT ORDER REGARDING EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
December 27, 2018 Opinion or Order Filing 23 EP: Status Conference held on 12/27/2018. Hearing on Motion for Preliminary Injunction currently set for 1/8/2019 at 9:45 AM before Judge Leslie E. Kobayashi is hereby Vacated. (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, )
December 21, 2018 Opinion or Order Filing 22 REPLY re #8 MOTION for Preliminary Injunction filed by Hawai`i Disability Rights Center. (Attachments: #1 Declaration Supplemental Declaration of Maile Osika, #2 Exhibit "1" - Email from Kristin Holland to Skyler Cruz dated 12/19/18, #3 Exhibit "2" - Memo from Kathryn Matayoshi to Grant Chun dated 11/17/15, #4 Exhibit "3" - DOE Parent Consent form, #5 Exhibit "4" - S.B. No. 1394, #6 Declaration Supplemental Declaration of Amanda Kelly, #7 Exhibit "1" - Notice from Jason Glikas, #8 Declaration Supplemental Declaration of Alison Villiarimo, #9 Exhibit "1" - Email from Alison Villiarimo dated 11/14/16, #10 Exhibit "2" - Email from Alison Villiarimo dated 1/12/17, #11 Certificate of Word Count, #12 Certificate of Service)(Osika, Maile)
December 20, 2018 Opinion or Order Filing 21 SEALED Declaration of Annie Kalama filed by Pankaj Bhanot, Christina Kishimoto. (cib, )
December 20, 2018 Opinion or Order Filing 20 SEALED Declaration of Judy Mohr Peterson filed by Pankaj Bhanot, Christina Kishimoto. (cib, )
December 20, 2018 Opinion or Order Filing 19 EO: The Court has reviewed #17 Defendants' Motion for Leave to File Unredacted Versions of the Declaration of Judy Mohr Peterson and the Declaration of Annie Kalama Under Seal and finds good cause to seal the documents at issue. The Clerk's Office is directed to place under seal the unredacted versions of the Declarations of Judy Mohr Peterson and the Declaration of Annie Kalama filed in support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. The redacted copies already on the docket, see ECF Nos. 16-1 and 16-3, shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
December 19, 2018 Opinion or Order Filing 18 Defendants Christina Kishimoto and Pankaj Bhanot's ANSWER to #1 Complaint Filed on November 28, 2018 by Pankaj Bhanot, Christina Kishimoto. (Attachments: #1 Certificate of Service)(Akamine, Ryan)
December 18, 2018 Opinion or Order Filing 17 MOTION for Leave to File Unredacted Versions of Declarations of Peterson and Kalama, Skyler G. Cruz appearing for Defendants Pankaj Bhanot, Christina Kishimoto (Attachments: #1 Certificate of Service)(Cruz, Skyler)
December 18, 2018 Opinion or Order Filing 16 MEMORANDUM in Opposition re #8 MOTION for Preliminary Injunction filed by Pankaj Bhanot, Christina Kishimoto. (Attachments: #1 Declaration of Judy Mohr Peterson, #2 Declaration of Yvonne Humble, #3 Declaration of Annie Kalama, #4 Exhibit A to Dec of Annie Kalma, #5 Exhibit B to Dec of Yvonne Humble, #6 Certificate of Service)(Cruz, Skyler)
December 18, 2018 Opinion or Order Filing 15 ORDER Regarding Discovery Letter Briefs - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/18/2018. (cib, )
December 14, 2018 Opinion or Order Filing 14 EO: Status Conference is set for 12/27/2018 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
December 14, 2018 Opinion or Order Filing 13 EO: To assist the parties in resolving discovery issues prior to the Preliminary Injunction Hearing set for 1/8/2019, the Court DIRECTS the parties to submit letter briefs addressing discovery issues related to the upcoming hearing as follows: Plaintiff shall submit its brief, five pages or less, inclusive of all exhibits. no later than 4:00 p.m. on 12/14/2018; Defendants shall submit their letter brief, five pages or less, inclusive of all exhibits, no later than 2:00 p.m. on 12/17/2018; Plaintiff may submit a reply, three pages or less, no later than 12:00 p.m. on 12/18/2018. The letter briefs shall be copied to all counsel and submitted by email to puglisi_orders@hid.uscourts.gov. Discovery issues that are unrelated to the upcoming hearing will not be addressed at this time. After the Court reviews the parties' letter briefs, the Court will issue a written order or set a discovery conference as appropriate. Plaintiff shall serve a copy of this EO on Defendants upon receipt. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
November 29, 2018 Opinion or Order Filing 11 SUMMONS Returned Executed by Hawai`i Disability Rights Center. Pankaj Bhanot. (Osika, Maile)
November 29, 2018 Opinion or Order Filing 10 SUMMONS Returned Executed by Hawai`i Disability Rights Center. Christina Kishimoto. (Osika, Maile)
November 28, 2018 Opinion or Order Filing 9 NOTICE of Hearing on Motion #8 MOTION for Preliminary Injunction : Motion Hearing is set for 1/8/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
November 28, 2018 Opinion or Order Filing 8 MOTION for Preliminary Injunction Maile Osika appearing for Plaintiff Hawai`i Disability Rights Center (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Maile Osika, #3 Exhibit "1" - Egan Order, #4 Exhibit "2" - EPSDT Memo, #5 Exhibit "3" - DHS May 31 Memo, #6 Exhibit "4" - DOE Jan. 5 Memo, #7 Exhibit "5" - DOE Feb. 13 Memo, #8 Exhibit "6" - DOE HUIPA, #9 Exhibit "7" - DHS HUIPA, #10 Exhibit "8" - DOE March 21 Letter, #11 Exhibit "9" - DHS HUIPA Resp, #12 Exhibit "10" - DOE HUIPA Resp, #13 Exhibit "11" - DOE Apr. 4 Testimony, #14 Exhibit "12" - HSTA Apr. 4 Testimony, #15 Exhibit "13" - SCR No. 81, #16 Exhibit "14" - Act 205, #17 Exhibit "15" - US DOE Report, #18 Exhibit "16" - Article Mar. 28, #19 Exhibit "17" - Article Feb. 26, #20 Exhibit "18" - Article Aug. 19, #21 Exhibit "19" - CMS Memo, #22 Exhibit "20" - Nat'l Council on Disability Report, #23 Exhibit "21" - Law Review Article 2016, #24 Exhibit "22" - BACB Practice Guideline, #25 Declaration of Louis Erteschik, #26 Declaration of Amanda Kelly, PhD, BCBA-D, LBA, #27 Exhibit "1" - July 2017 emails, #28 Exhibit "2" - Oct. 2017 email, #29 Declaration of Naomi Tachera, #30 Declaration of Jeanette White, #31 Exhibit "1" - Aug. 2017 Letter, #32 Exhibit "2" - Oct. 2017 Letter, #33 Declaration of Maile Rogers, #34 Declaration of Maureen McComas, #35 Declaration of Alison Villiarimo, #36 Declaration of Christine Cosio, #37 Exhibit "A" - Sept. 2018 Emails, #38 Declaration of Sheryl Cunningham, #39 Certificate of Service)(Osika, Maile)
November 28, 2018 Opinion or Order Filing 7 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, )
November 28, 2018 Opinion or Order Filing 6 Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 1/28/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/28/2018. (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, )
November 28, 2018 Opinion or Order Filing 5 Summons Issued as to All Defendants. (emt, )
November 28, 2018 Opinion or Order Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 18-00465 LEK-RLP on all further pleadings. (emt, )
November 28, 2018 Opinion or Order Filing 3 Summons (Proposed) (Osika, Maile)
November 28, 2018 Opinion or Order Filing 2 CIVIL Cover Sheet by Hawai`i Disability Rights Center. (Osika, Maile)
November 28, 2018 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $ 400.), filed by Hawai`i Disability Rights Center.(Osika, Maile)
November 28, 2018 Opinion or Order PAYMENT of Fees - Payment for Complaint re #1 Complaint Filing fee $ 400, receipt number 0975-2123369.. (Osika, Maile)

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Plaintiff: Hawai`i Disability Rights Center
Represented By: Louis Erteschik
Represented By: Maile Osika
Represented By: Paul Alston
Represented By: Kristin L. Holland
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Defendant: Christina Kishimoto
Represented By: Ryan M. Akamine
Represented By: Skyler G. Cruz
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Defendant: Pankaj Bhanot
Represented By: Ryan M. Akamine
Represented By: Skyler G. Cruz
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