A.B. et al v. Hawaii State Department of Education et al
Plaintiff: T. T., A. B., A. M. B. and A. P.
Defendant: Oahu Interscholastic Association and Hawaii State Department of Education
Case Number: 1:2018cv00477
Filed: December 6, 2018
Court: US District Court for the District of Hawaii
Presiding Judge: LESLIE E KOBAYASHI
Referring Judge: RICHARD L PUGLISI
2 Judge: ROM TRADER
Nature of Suit: Civil Rights: Education
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2023 Opinion or Order Filing 313 ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT re #312 - Signed by JUDGE LESLIE E. KOBAYASHI on 10/27/2023. IT IS HEREBY ORDERED that the Motion is Granted. The Court shall (1) schedule a Fairness Hearing in February 2024; (2) set a deadline for Class Notice that is 30 days prior to the Fairness Hearing, for which Defendants shall provide Class Notice in the attached form at Defendants expense; (3) set a deadline for the Parties to file a joint motion for final approval of the Settlement 21 days prior to the Fairness Hearing; and (4) set a deadline for Class Members to comment on the proposed Settlement via letter to the Court postmarked 7 days prior to the Fairness Hearing. (eta)
October 27, 2023 Opinion or Order Filing 312 Joint MOTION for Settlement Approval (Preliminary) Elizabeth Kristen appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order, #4 Certificate of Service)(Kristen, Elizabeth)
October 24, 2023 Opinion or Order Filing 311 EP: TELEPHONE CONFERENCE held on 10/24/2023.Discussion had. 1. Anticipated Motion for Preliminary Approval of Settlement.Plaintiff confirms readiness to file motion by the 10/27/2023 deadline.2. Anticipated Motion for Attorneys' Fees.Parties confirm mediation concerning fees unsuccessful. Parties have informed district judge by email submission.Discussion had regarding requirements and deadlines set forth in LR54.2. Although the Court has yet to approve the settlement, the Court exercises its discretion to set a modified schedule concerning the anticipated fee motion. LR54.2(b) ("Either before or after the entry of judgment, the court may enter an order with respect to the filing of a Fee Motion pursuant to Fed. R. Civ. P. 54. Unless the court's order includes a different schedule for such filing, the motion shall be filed in accordance with the provisions of this rule and shall be filed and served within forty-nine (49) days after the entry of the judgment or settlement agreement on which the motion is founded.") (emphasis added).In light of the amount of fees sought and the nature and volume of records to be submitted in support and opposition, the Court finds that a modified schedule is warranted in this case. To assist the Court in its expeditious review and ruling on the fee motion, the Court DIRECTS the parties to specifically confer as to the following:a. Possible stipulations to hourly rates for each timekeeper;b. Possible stipulations and/or agreed upon declarations concerning the reasonableness of the hourly rates for each timekeeper;c. Possible submission of and reference to the same exhibits and/or documents detailing the fees requested/opposed; andd. Ensuring exhibits, especially time sheets, utilize appropriate font sizes which are readily viewable/readable.The Court sets the following deadlines:a. 11/17/2023 Plaintiffs to provide documents/evidence in support;b. 12/8/2023 Defendants to provide documents/evidence in opposition;c. 12/22/2023 Parties to meet and confer regarding entries to which objections will and will not be raised;d. 12/29/2023 Parties to prepare Joint Statement;e. 1/5/2024 Fee motion to be filed/served;f. 1/12/2024 Defendants' response(s) to be filed/served; andg. 1/19/2024 Plaintiffs' reply to be filed/served.The Court VACATES the Telephone Status Conference set for 11/17/2023 before Magistrate Judge Trader.(ZOOM / 9:00 AM - 9:21 AM)(MAGISTRATE JUDGE ROM TRADER) (mdc)
October 17, 2023 Opinion or Order Filing 310 EO: Court sets Telephone Conference for 10/24/23 at 9:00 AM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(MAGISTRATE JUDGE ROM TRADER)(mdc) Modified docket text formatting only on 10/17/2023. (mdc)
October 4, 2023 Opinion or Order Filing 309 EP: STATUS CONFERENCE held on 10/4/2023.Court addresses the parties regarding best procedures for moving forward on the completion of the settlement agreement, filing of stipulation for dismissal, and issues on attorney's fees.Discussion held.Court orders the Motion for Preliminary approval of settlement shall be filed on or before October 27, 2023. If applicable, the Motion should include agreement on attorney fees and costs. If no agreement is reached on the attorney fees and costs, then the parties shall submit a letter brief as to the status of the mediation regarding attorney fees on or before October 27, 2023. Based on the representations of the parties, the Court will decide if a deadline for filing the Motion for attorney fees and costs is appropriate. (Reporter-Cynthia Fazio) (JUDGE LESLIE E. KOBAYASHI)(afe)
September 29, 2023 Opinion or Order Filing 308 EO: at the direction of the Court; a Status Conference is set for 10/4/2023 at 01:30 PM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(afe)
September 29, 2023 Opinion or Order Filing 307 EP: TELEPHONE CONFERENCE held.Discussion had regarding efforts to finalize settlement.Parties confirm settlement documents, regarding compliance, being finalized and routed for signature. Parties expect execution in next few days. Counsel confirm respective clients are prepared to execute. Parties directed to inform Court once settlement documents are fully executed.The parties have agreed to mediate attorneys' fees and costs with Judge Milks (ret.). Judge Milks has set briefing schedule. Plaintiffs' submissions due 0/06/2023. Defendants' response due 10/13/2023. Thereafter, Judge Milks hopeful that fees/costs may be resolved by 11/10/2023.To monitor status, Court schedules a Telephone Status Conference for 11/17/2023 at 10:30 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:Dial in number: 1-833-568-8864 (toll-free). Meeting ID: 161 5641 6035.Telephone Conference held on 9/29/2023. Status Conference - MJ is set for 11/17/2023 10:30 AM in Telephonic Hearing before MAGISTRATE JUDGE ROM TRADER.(ZOOM / 09:00am-0918am) (MAGISTRATE JUDGE ROM TRADER)(rlfh)
September 15, 2023 Opinion or Order Filing 306 EP: TELEPHONIC STATUS CONFERENCE held on 9/15/2023. Discussion had. Parties report substantial progress in finalizing settlement. Only a few issues remain. Parties to continue efforts.To monitor status, Court sets Telephone Conference for 9/29/2023 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. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ZOOM / 8:30 - 8:34 a.m.) (MAGISTRATE JUDGE ROM TRADER)(rls)
September 8, 2023 Opinion or Order Filing 305 EP: TELEPHONIC FINAL PRETRIAL CONFERENCE not held. TELEPHONE CONFERENCE held on 9/8/2023.Discussion had. Parties report having exchanged proposed draft redline settlement documents. Parties to confer to attempt to finalize.To monitor status, Court sets Telephone Conference for 9/15/2023 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Parties advised that if they are unable to finalize settlement by the end of September 2023, the Court will set a scheduling conference to reset the trial date and deadlines.Court deems the following pending motions WITHDRAWN WITHOUT PREJUDICE, subject to refiling.1.[ECF 254] Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment;2.[ECF 259] Defendant Oahu Interscholastic Association's Motion for Partial summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019; and3.[ECF 256] Plaintiffs' Motion for Partial Summary Judgment (collectively "MSJs"). (ZOOM / 10:30 - 10:37 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
August 31, 2023 Opinion or Order Filing 304 EO: In light of the parties' report of reaching a settlement in principle, the Court VACATES the 10/2/2023 trial date, the 9/7/2023 hearing on summary judgement motion and all remaining deadlines. The Courts holds in abeyance motions currently pending before the Court. The Telephonic Final Pretrial Conference set for 9/8/2023 at 10:30 a.m. before Magistrate Judge Trader to remain on calendar. 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Magistrate Judge Trader to monitor efforts to finalize settlement. In the event that settlement is not concluded in a reasonable time, the Court will reschedule any pending motions, the trial date and any unexpired deadlines as appropriate. (MAGISTRATE JUDGE ROM TRADER)(laa)
August 30, 2023 Opinion or Order Filing 303 EP: TELEPHONIC FINAL PRETRIAL CONFERENCE held on 8/30/2023. Discussion had. Parties report recent mediation resulted in an agreement in principle on the key issues as well as, an agreement to further mediate attorneys fees with assistance of Judge Milks. Parties working to finalize details of settlement to include a compliance plan within 10 days.In the interest of judicial economy and to permit the parties to finalize settlement and avoid unnecessary litigation costs, the parties are in agreement to continue or withdraw without prejudice the following motions pending hearing on 9/7/2023: 1. [ECF 254] Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment; 2. [ECF 259] Defendant Oahu Interscholastic Associations Motion for Partial summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019; and 3. [ECF 256] Plaintiffs Motion for Partial Summary Judgment (collectively MSJs).ECF Nos. 254, 259 & 256.In addition, parties request relief from 9/5/2023 deadline to pre-mark exhibits.Court to update District Judge Kobayashi and will recommend that the 10/2/2023 trial date, the 9/7/2023 hearing on MSJs, the 9/5/2023 deadline to mark exhibits and the remaining trial-related deadlines be vacated to permit the parties to finalize settlement. The Court further recommends that if settlement is not finalized, then the trial date and remaining deadlines be reset. The Court will endeavor to provide clarity/guidance concerning the foregoing as soon as possible. To be clear, Judge Kobayashi will determine these matters.To monitor the status of settlement, the Court CONTINUES the Telephonic Final Pretrial Conference to 9/8/2023 at 10:30 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ZOOM / 9:30 - 9:53 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
August 16, 2023 Opinion or Order Filing 302 EP: TELEPHONE CONFERENCE held on 8/16/2023.Discussion had. Parties report 2-day mediation had with Judge Milks (ret.) and was productive. Parties continuing to exchange and discuss terms. Defendants response to Plaintiffs' most recent term sheet due by 8/21/2023.Plaintiffs express interest in providing district judge with supplemental briefing concerning [ECF #295 ] Order Directing Plaintiffs to Address the Identification of an Additional Named Plaintiff/Class Representative. Court directs parties to direct letter request to District Judge Kobayashi. Court confirms Telephonic Final Pretrial Conference set for 8/30/23 at 9:30 a.m. before Magistrate Judge Trader to remain on calendar. 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (ZOOM / 9:00 - 9:14 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
August 15, 2023 Opinion or Order Filing 301 Pretrial Conference Statement by Oahu Interscholastic Association . (Attachments: #1 Certificate of Service)(Wong, Kourtney)
August 15, 2023 Opinion or Order Filing 300 Pretrial Conference Statement by A. M. B., A. B., A. P., T. T. PLAINTIFFS FINAL PRETRIAL STATEMENT. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List, #3 Certificate of Service)(Kim, Jongwook)
August 15, 2023 Opinion or Order Filing 299 Pretrial Conference Statement by Hawaii State Department of Education DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS FINAL PRETRIAL STATEMENT. (Attachments: #1 Certificate of Service)(Moser, Kendall)
August 14, 2023 Opinion or Order Filing 298 SUPPLEMENT Certificate of Service Re: Plaintiffs' Production P PL-002253 Through PL-004088 by A. M. B., A. B., A. P., T. T. . (Brack, Taylor) Modified on 8/15/2023 (eta).
August 1, 2023 Opinion or Order Filing 297 EO: at the direction of the Court, the Motion hearing re: #254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment, #259 MOTION for Partial Summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019, #256 MOTION for Partial Summary Judgment ; is reset from 8/7/2023 to 9/7/2023 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(afe)
July 31, 2023 Opinion or Order Filing 296 CERTIFICATE OF SERVICE by Hawaii State Department of Education Re: Defendant Hawaii State Department of Education's Response to Plaintiffs' Requests for Admissions to Defendant Hawaii State Department of Education, Set One (Moser, Kendall)
July 27, 2023 Opinion or Order Filing 295 EO: COURT ORDER DIRECTING PLAINTIFFS TO ADDRESS THE IDENTIFICATION OF AN ADDITIONAL NAMED PLAINTIFF/CLASS REPRESENTATIVE (JUDGE LESLIE E. KOBAYASHI)(afe)
July 26, 2023 Opinion or Order Filing 294 Additional Exhibits to #281 Response,,, ECF 281-3, 281-4, 281-5 Exhibits to be Publicly Filed pursuant to Order [ECF NO. 293] filed by A. M. B., A. B., A. P., T. T.. (Frahn, Harrison)
July 25, 2023 Opinion or Order Filing 293 ORDER GRANTING PLAINTIFFS' MOTION TO PUBLICLY FILE re #287 - Signed by JUDGE LESLIE E. KOBAYASHI on 7/25/2023. (eta)
July 24, 2023 Opinion or Order Filing 292 RESPONSE re #281 Response,,, TO PLAINTIFFS CONCISE STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO DEFENDANT OIAS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Oahu Interscholastic Association. (Wong, Kourtney)
July 24, 2023 Opinion or Order Filing 291 REPLY to Response to Motion re #259 MOTION for Partial Summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019 filed by Oahu Interscholastic Association. (Wong, Kourtney)
July 24, 2023 Opinion or Order Filing 290 Concise Statement in Opposition re #274 Response, #280 Concise Statement in Opposition to Motion,, filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Kim, Jongwook)
July 24, 2023 Opinion or Order Filing 289 REPLY re #256 MOTION for Partial Summary Judgment filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
July 24, 2023 Opinion or Order Filing 288 REDACTED EXHIBITS 3 and 4 to MacConaghy Declaration in Support of #287 Plaintiff's MOTION TO PUBLICLY FILE ECF NOS. 281-3, 281-4, 281-5 re #281 Response,,, Exhibit 3 and 4 to Declaration of Pierce MacConaghy by A. M. B., A. B., A. P., T. T.. (Frahn, Harrison) Modified on 7/25/2023 (eta).
July 24, 2023 Opinion or Order Filing 287 MOTION TO PUBLICLY FILE ECF NOS. 281-3, 281-4, 281-5 re #281 Response,,, Harrison J. Frahn, IV appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Certificate of Service, #2 Declaration of Pierce A. MacConaghy, #3 Exhibit 1 - Declaration of Pierce A. MacConaghy, #4 Exhibit 2 - Declaration of Pierce A. MacConaghy, #5 Proposed Order)(Frahn, Harrison)
July 24, 2023 Opinion or Order Filing 286 REPLY re #254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment Defendant Hawaii State Department of Education's Reply to Plaintiffs' Memorandum of Law in Opposition to Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or In the Alternative for Summary Judgment filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall)
July 20, 2023 Opinion or Order Filing 285 EO: Due to a conflict in the Court's schedule, the Telephonic Final Pretrial Conference set for 8/22/2023 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 8/30/2023 at 09:30 AM.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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
July 19, 2023 Opinion or Order Filing 284 EO: ORDER DENYING MOTION FOR LEAVE TO FILE UNDER SEAL, [FILED 7/17/23 (DKT. NO. #282 )] Plaintiffs seek to file certain exhibits under seal in support of their opposition to a motion for summary judgment because they may contain confidential financial information and because these documents were designated "confidential" pursuant to a stipulated protective order. This supposition is insufficient to meet the "compelling reason" required for leave of court to file documents under seal in a substantive motion. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). (JUDGE LESLIE E. KOBAYASHI)(afe)
July 18, 2023 Opinion or Order Filing 283 Declaration re #280 Concise Statement in Opposition to Motion,, [Raymond Fujino]. (Wong, Kourtney)
July 18, 2023 Opinion or Order ADVISORY ENTRY . Please be advised that the Declaration of Raymond Fujino submitted in support of docket number #280 (1) Response to Plaintiffs' Concise Statement of Facts in Support of Motion for Partial Summary Judgment, and (2) Statement of Additional Facts filed by Oahu Interscholastic Association, is not signed. The filing party may resubmit the Declaration of Raymond Fujino, to include the signature page. (eta)
July 17, 2023 Opinion or Order Filing 282 MOTION to File Documents under Seal - Harrison J. Frahn, IV appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Pierce A. MacConaghy, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service)(Frahn, Harrison)
July 17, 2023 Opinion or Order Filing 281 RESPONSE Plaintiff's (1) OPPOSITION to #260 Defendant Oahu Interscholastic Association's Separate Concise Statement in Support of Defendant OIA's Motion for Partial Summary Judgment and (2) Concise Statement of Plaintiffs' Additional Material Facts in Opposition filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Declaration of Pierce A. MacConaghy, #2 Exhibit 1, #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Declaration of Cyrena M. Terricone, #21 Certificate of Service)(Frahn, Harrison) Docket text modified on 7/18/2023 (eta).
July 17, 2023 Opinion or Order Filing 280 (1) RESPONSE to Plaintiffs' Concise Statement of Facts in Support of #256 MOTION for Partial Summary Judgment [ECF No. #257 ], and (2) STATEMENT of Additional Material Facts filed by Oahu Interscholastic Association. (Attachments: #1 Declaration of Kourtney H. Wong, #2 Declaration of Raymond Fujino (unsigned) , #3 Declaration of Kiana Villanueva, #4 Declaration of Rory Pico, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M)(Wong, Kourtney) Docket text modified on 7/18/2023 (eta).
July 17, 2023 Opinion or Order Filing 279 MEMORANDUM in Opposition re #256 MOTION for Partial Summary Judgment filed by Oahu Interscholastic Association. (Attachments: #1 Certificate of Service)(Wong, Kourtney)
July 17, 2023 Opinion or Order Filing 278 MEMORANDUM in Opposition re #259 MOTION for Partial Summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019 filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Frahn, Harrison)
July 17, 2023 Opinion or Order Filing 277 MOTION for Joinder re #254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment Kourtney H. L. M Wong appearing for Defendant Oahu Interscholastic Association (Attachments: #1 Certificate of Service)(Wong, Kourtney)
July 17, 2023 Opinion or Order Filing 276 RESPONSE re #255 Concise Statement of Facts, and Plaintiffs' Concise Statement of Additional Facts filed by A. M. B., A. B., A. P., T. T.. (Frahn, Harrison)
July 17, 2023 Opinion or Order Filing 275 MEMORANDUM in Opposition re #254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Frahn, Harrison)
July 17, 2023 Opinion or Order Filing 274 RESPONSE re #257 Concise Statement of Facts,, Defendant Hawaii State Department of Education's (1) Response to Plaintiffs' Concise Statement of Facts in Support of Motion for Partial Summary Judgment [ECF No. 257], and (2) Statement of Additional Material Facts filed by Hawaii State Department of Education. (Attachments: #1 Declaration Kendall J. Moser, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Moser, Kendall)
July 17, 2023 Opinion or Order Filing 273 MEMORANDUM in Opposition re #256 MOTION for Partial Summary Judgment filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall)
July 14, 2023 Opinion or Order Filing 272 SUPPLEMENT re #28 Initial Disclosure filed by Oahu Interscholastic Association by Oahu Interscholastic Association . (Wong, Kourtney)
July 13, 2023 Opinion or Order Filing 271 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. (Brack, Taylor)
July 3, 2023 Opinion or Order ADVISORY ENTRY. Discovery - Please be advised that Document #270 Requests for Admissions to Defendant Hawaii State Department of Education, Set One, filed by Plaintiffs was filed prematurely in this case. Discovery request and responses must not be filed until they are used in the proceeding or the court. The filing party may refer to Fed.R.Civ.P.5(d) governing the filing procedures for the filing of discovery. A certificate of service may be filed to indicate that discovery has been exchanged. (eta)
June 30, 2023 Opinion or Order Filing 270 REQUEST For Admissions to Defendant DOE, Set One by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service Certificate of Service)(Brack, Taylor)
June 30, 2023 Opinion or Order Filing 269 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. Re Plaintiffs' Notice of Deposition of Defendants' Expert, Phil Catanzano; Corresponding Subpoena and Request for Production of Documents (Kristen, Elizabeth)
June 23, 2023 Opinion or Order Filing 268 EP: TELEPHONIC STATUS CONFERENCE held on 6/23/2023.Discussion had. Parties before the Court on a LR37.1 request for expedited discovery assistance concerning Plaintiffs' request to extend the deadline to hear discovery motions from 7/3/2023 to 8/15/2023. Defendant Hawaii State Department of Education ("DOE") objects. No objection by Defendant Oahu Interscholastic Association ("OIA").Parties update Court concerning the status of discovery.Argument heard. Over Defendant DOE's objection, the Court respectfully GRANTS IN PART Plaintiffs' request. The Court finds good cause and EXTENDS the deadline by which discovery motions must be heard from 7/3/2023 to 7/21/2023. Parties informed that the Court is unlikely to consider any further extensions to this and other deadlines. (ZOOM / 10:00 - 10:13 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
June 20, 2023 Opinion or Order Filing 267 EO: Court sets Telephonic Status Conference - MJ for 6/23/2023 at 10:00 AM before MAGISTRATE JUDGE ROM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
June 16, 2023 Opinion or Order Filing 266 NOTICE by Hawaii State Department of Education, Oahu Interscholastic Association [RE: Expert Witness Disclosure] Hawaii State Department of Education, Oahu Interscholastic Association. (Wong, Kourtney)
June 16, 2023 Opinion or Order Filing 265 SUPPLEMENT re #28 Initial Disclosure filed by Oahu Interscholastic Association by Oahu Interscholastic Association . (Wong, Kourtney)
June 16, 2023 Opinion or Order Filing 264 STATUS REPORT filed jointly by OIA, DOE, and by A. M. B., A. B., A. P., T. T.. (Brack, Taylor)
June 7, 2023 Opinion or Order Filing 263 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 6/2/2023 the following motions were filed: #254 MOTION for Summary Judgment, #256 MOTION for Partial Summary Judgment, #259 MOTION for Partial Summary Judgment as to Count 1 of Plaintiffs' Second Amended Complaint.Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 7/17/2023.Reply memorandum due: 7/24/2023. Motion Hearing is set for 8/7/2023 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(afe)
June 6, 2023 Opinion or Order Filing 262 EO: In light of mediation scheduled for 7/31/2023 with Judge Milks (ret.), the Court VACATES the Settlement Conference scheduled for 7/7/2023 at 10:00 a.m. before Magistrate Judge Trader.To monitor status, the Court schedules a Telephone Conference for 8/16/2023 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. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
June 6, 2023 Opinion or Order Filing 261 EP: TELEPHONIC STATUS CONFERENCE held on 6/6/2023.Discussion had regarding ECF #254 Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From this Action or in the Alternative Summary Judgment ("Motion"). Court directs Defendant Hawaii State Department of Education ("DOE") and Plaintiffs to confer regarding either a stipulation or Plaintiffs' motion to substitute replacement class representatives in lieu of proceeding with instant Motion. Parties to notify Court by filing a status report by 6/16/2023. Discussion had regarding 2022-2023 school year participation data, Title IX compliance self-assessment, eligibility lists as well as a privilege log for 2019 to present. DOE intends to produce said items/materials, but has not yet done so. Court directs DOE to conduct search and provide responsive items/materials to Mr. Moser by no later than 6/13/2023. Upon receipt of responsive items/materials from DOE personnel, Mr. Moser to produce to Plaintiffs by 6/16/2023. As to DOE's privilege log, parties agree and Court directs DOE to produce its final privilege log by no later than 6/30/2023 with interim privilege log to be provided on a rolling basis until then.Discussion had regarding Settlement Conference set for 7/7/2023 before Magistrate Judge Trader and mediation scheduled with Judge Milks (ret.) on 7/31/2023. Parties agree that continuance of 7/7/2023 Settlement Conference until after 7/31/2023 mediation appropriate.Court to continue the 7/7/2023 Settlement Conference before Magistrate Judge Trader by separate EO. (ZOOM / 8:30 - 8:53 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
June 3, 2023 Opinion or Order Filing 260 CONCISE STATEMENT in Support re #259 MOTION for Partial Summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019 filed by Oahu Interscholastic Association. (Attachments: #1 Declaration of Kourtney H. Wong, #2 Declaration of Raymond Fujino, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Wong, Kourtney)
June 3, 2023 Opinion or Order Filing 259 MOTION for Partial Summary Judgment as to Count I of Plaintiffs' Second Amended Complaint, filed on September 26, 2019; Memorandum in Support; Certificate of Service Kourtney H. L. M Wong appearing for Defendant Oahu Interscholastic Association (Wong, Kourtney) Modified on 6/5/2023 (eta).
June 2, 2023 Opinion or Order Filing 258 STIPULATION REGARDING TITLE IX APPLICABILITY TO DEFENDANT OAHU INTERSCHOLASTIC ASSOCIATION AND CERTAIN OIA AFFIRMATIVE DEFENSES by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kristen, Elizabeth)
June 2, 2023 Opinion or Order Filing 257 CONCISE STATEMENT of Facts re #256 MOTION for Partial Summary Judgment filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Certificate of Service)(Kristen, Elizabeth)
June 2, 2023 Opinion or Order Filing 256 MOTION for Partial Summary Judgment Elizabeth Kristen appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Memorandum of Law In Support of Motion for Partial Summary Judgment, #2 Certificate of Service)(Kristen, Elizabeth)
June 2, 2023 Opinion or Order Filing 255 CONCISE STATEMENT of Facts re #254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment filed by Hawaii State Department of Education. (Attachments: #1 Declaration Jon Henry Lee, #2 Certificate of Service)(Moser, Kendall)
June 2, 2023 Opinion or Order Filing 254 MOTION for Summary Judgment Defendant Hawaii State Department of Education's Motion to Dismiss the Named Plaintiffs From This Action or in the Alternative for Summary Judgment Kendall J. Moser appearing for Defendant Hawaii State Department of Education (Attachments: #1 Memorandum, #2 Certificate of Service)(Moser, Kendall)
May 30, 2023 Opinion or Order Filing 253 STATUS REPORT JOINT STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
May 17, 2023 Opinion or Order Filing 252 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. (Brack, Taylor)
April 27, 2023 Opinion or Order Filing 251 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. Re Plaintiffs' Production (Kristen, Elizabeth)
April 27, 2023 Opinion or Order Filing 250 EP: TELEPHONE CONFERENCE held on 4/27/2023.Discussion had. Based upon the current state of discovery, Plaintiffs request 2-week extension of Plaintiffs' 5/3/2023 expert witness disclosure deadline, with corresponding 2-week extension of Defendants' expert witness disclosure deadline. Defendant Oahu Interscholastic Association ("OIA") does not oppose the request. Defendant Hawaii State Department of Education ("DOE"), however, objects and argues Plaintiffs have not demonstrated good cause supporting the requested extension. Finding good cause, and over Defendant DOE's objection, the Court EXTENDS the parties' expert witness disclosure deadlines as follows: Plaintiffs' expert witness disclosure deadline is EXTENDED from 5/3/2023 to 5/17/2023. Defendants expert witness disclosure deadline is EXTENDED from 6/3/2023 to 6/17/2023.All other deadlines to remain. Given the limited scope of the extension, the Court declines to issue an amended scheduling order. Parties report mediation scheduled for 7/31/2023 with Judge Milks (ret.). Court confirms Telephonic Status Conference set for 6/6/2023 at 8:30 a.m. before Magistrate Judge Trader to remain on calendar. 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (ZOOM / 8:44 - 8:53 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
April 26, 2023 Opinion or Order Filing 249 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS SECOND AMENDED NOTICE OF RULE 30(b)(6) DEPOSITION OF HAWAII STATE DEPARTMENT OF EDUCATION; EXHIBIT A TOPIC 2 (Kristen, Elizabeth)
April 24, 2023 Opinion or Order Filing 248 EO: To discuss the parties' 4/24/2023 joint request for expedited discovery assistance, the Court sets a Telephone Conference for 4/27/2023 at 08:45 AM before MAGISTRATE JUDGE ROM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
April 21, 2023 Opinion or Order Filing 247 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. re #246 Certificate of Service Re Plaintiffs' Production (Kristen, Elizabeth)
April 19, 2023 Opinion or Order ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Document #246 Certificate of Service, filed by Plaintiffs was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (eta)
April 18, 2023 Opinion or Order Filing 246 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. Re Plaintiffs' Production (Kristen, Elizabeth)
April 7, 2023 Opinion or Order Filing 245 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Re: Def OIA's 4th Priv Log Rspns to Pltf RPD (Wong, Kourtney)
April 6, 2023 Opinion or Order Filing 244 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS AMENDED NOTICE OF DEPOSITION OF SAMUEL JOHNSON (Kim, Jongwook)
April 6, 2023 Opinion or Order Filing 243 EP: TELEPHONE CONFERENCE held on 4/6/2023.Request for Expedited Discovery Assistance:Discussion had. Defendant Hawaii State Department of Education ("DOE") objects to Plaintiff's noticed deposition topic pertaining to students of feeder schools as vague, ambiguous, unduly burdensome, and not proportional to the needs of the case.Argument heard. Court elects to handle the instant dispute as a request for expedited discovery assistance pursuant to LR37.1. The Court, having carefully considered the arguments of counsel, within the context of the record and applicable legal authorities, finds the disputed discovery request to be relevant, proportional to the needs of the case and consistent with the Court's prior discovery rulings. Accordingly, Defendants' objections are OVERRULED. Plaintiffs are entitled to depose Defendant's 30(b)(6) designee per the topic from 2018-2019 school year to present.Selection of Mediator:Discussion had regarding parties' selection of mediator. Parties report having selected Judge Milks (ret.) as mediator. Agreement reached concerning proposed 7/31/2023 mediation date. OIA expresses interest in Magistrate Judge Chang (ret.) as mediator if possible to accommodate earlier mediation date. Parties to schedule mediation with Judge Milks for 7/31/2023 and further explore earlier mediation dates with Judge Chang, if appropriate.(ZOOM / 9:58 - 10:20 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
April 5, 2023 Opinion or Order Filing 242 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF DEPOSITION OF KIANA VILLANUEVA (Kim, Jongwook)
April 4, 2023 Opinion or Order Filing 241 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS AMENDED NOTICE OF RULE 30(b)(6) DEPOSITION OF HAWAII STATE DEPARTMENT OF EDUCATION; EXHIBIT A (Kim, Jongwook)
April 3, 2023 Opinion or Order Filing 240 EO: Court sets Telephone Conference for 4/6/2023 at 10:00 AM before MAGISTRATE JUDGE ROM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
March 25, 2023 Opinion or Order Filing 239 EO: Upon review of Plaintiffs' [ECF [223, 224, 225 & 226]] Motion[s] to Appear Pro Hac Vice ("Motions"), [ECF #231 ] Defendant Oahu Interscholastic Association's [("OIA")] Memorandum in Opposition to Plaintiffs' [Motions] ("OIA's Opposition") and [ECF #232 ] Defendant Hawaii State Department of Education's [("DOE")] Joinder in [OIA's Opposition], the Court REINSTATES its prior [ECF [227, 228, 229 and 230] Orders Granting Plaintiffs' [Motions]. Notwithstanding OIA's and DOE's concerns, each of the attorneys subject of the Motions meets the requirements to appear pro hac vice. LR83.1(c)(2)(A & B). Accordingly, the Court permits Damian Phillip Gallagher, Pierce A. MacConaghy, Sarah Helen Brim and Ziwei Xiao to appear as pro hac vice counsel for Plaintiffs. With the admission of the above-referenced four (4) attorneys, however, Plaintiffs are now represented by eleven (11) attorneys. Absent extraordinary circumstances, the Court will not entertain any further requests to appear pro hac vice for Plaintiffs. IT IS SO ORDERED. (MAGISTRATE JUDGE ROM TRADER)(laa)
March 24, 2023 Opinion or Order Filing 238 REPLY to Response to Motion re #226 MOTION for Pro Hac Vice Ziwei Xiao Filing fee $ 300, receipt number AHIDC-2814839., #224 MOTION for Pro Hac Vice Pierce A. MacConaghy Filing fee $ 300, receipt number AHIDC-2814823., #223 MOTION for Pro Hac Vice Damian P. Gallagher Filing fee $ 300, receipt number AHIDC-2814813., #225 MOTION for Pro Hac Vice Sarah Helen Brim Filing fee $ 300, receipt number AHIDC-2814829. Plaintiff's Reply Memo filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Declaration Declaration of David Balme, #2 Exhibit Exhibit A, #3 Certificate of Service Certificate of Service)(Kim, Jongwook)
March 23, 2023 Opinion or Order Filing 237 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS AMENDED NOTICE OF DEPOSITION OF JON HENRY LEE (Kim, Jongwook)
March 23, 2023 Opinion or Order Filing 236 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS AMENDED NOTICE OF DEPOSITION OF NICOLE ISA-IIJIMA (Kim, Jongwook)
March 23, 2023 Opinion or Order Filing 235 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF DEPOSITION OF RAYMOND FUJINO (Kim, Jongwook)
March 23, 2023 Opinion or Order Filing 234 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS AMENDED NOTICE OF RULE 30(b)(6) DEPOSITION OF OAHU INTERSCHOLASTIC ASSOCIATION; EXHIBIT A (Kim, Jongwook)
March 23, 2023 Opinion or Order Filing 233 EO: On 3/23/2023, Plaintiffs filed four (4) motions collectively seeing admission of Damian Phillip Gallagher, Pierce A. MacConaghy, Sarah Helen Brim and Ziwei Xiao as pro hac vice for Plaintiffs. ECF Nos. 223, 224, 225 & 226. The Court granted the motions the same day and without providing defendants an opportunity to respond. ECF Nos. 227, 228, 229 & 230. On the same day, but subsequent to the granting of the motions, Defendant Oahu Interscholastic Association ("OIA") filed its opposition memorandum. ECF No. 231. On 3/22/2023, Defendant Hawaii State Department of Education ("DOE") filed its joinder in OIA's opposition. ECF No. 232. The Court acknowledges that by ruling so quickly and granting the motions, OIA and DOE were effectively denied an opportunity to be heard. In light of this, the Court SETS ASIDE its order granting each of the four (4) motions. ECF Nos. 227, 228, 229 & 230.By no later than 3/28/2023, Plaintiffs either may file a memorandum responding to OIA's and DOE's opposition to the motions or a notice of withdrawal of the motions. In the event that Plaintiffs elect to withdraw the motions, any fees paid shall be refunded.IT IS SO ORDERED. (MAGISTRATE JUDGE ROM TRADER)(laa)
March 22, 2023 Opinion or Order Filing 232 Defendant Hawaii State Department of Education's Joinder in #231 Defendant Oahu Interscholastic Association's Memorandum in Opposition to Plaintiffs' Motions for Pro Hac Vice of: (1) Ziwei Xiao; (2) Sarah Helen Brim; (3) Pierce A. MacConaghy; and (4) Damian P. Gallagher, filed March 21, 2023 filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall) Modified on 3/28/2023 (eta).
March 21, 2023 Opinion or Order Filing 231 OBJECTION re #223 MOTION for Pro Hac Vice Damian P. Gallagher Filing fee $ 300, receipt number AHIDC-2814813., #226 MOTION for Pro Hac Vice Ziwei Xiao Filing fee $ 300, receipt number AHIDC-2814839., #225 MOTION for Pro Hac Vice Sarah Helen Brim Filing fee $ 300, receipt number AHIDC-2814829., #224 MOTION for Pro Hac Vice Pierce A. MacConaghy Filing fee $ 300, receipt number AHIDC-2814823. filed by Oahu Interscholastic Association. (Wong, Kourtney)
March 21, 2023 Opinion or Order Filing 230 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ZIWEI XIAO re #226 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/21/2023. (eta)
March 21, 2023 Opinion or Order Filing 229 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SARAH HELEN BRIM re #225 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/21/2023. (eta)
March 21, 2023 Opinion or Order Filing 228 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO PIERCE A. MACCONAGHY re #224 -Signed by MAGISTRATE JUDGE ROM TRADER on 3/21/2023. (eta)
March 21, 2023 Opinion or Order Filing 227 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DAMIAN PHILLIP GALLAGHER re #223 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/21/2023. (eta)
March 21, 2023 Opinion or Order Filing 226 MOTION for Pro Hac Vice Ziwei Xiao Filing fee $ 300, receipt number AHIDC-2814839.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Proposed Order)(Kim, Jongwook)
March 21, 2023 Opinion or Order Filing 225 MOTION for Pro Hac Vice Sarah Helen Brim Filing fee $ 300, receipt number AHIDC-2814829.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Proposed Order)(Kim, Jongwook)
March 21, 2023 Opinion or Order Filing 224 MOTION for Pro Hac Vice Pierce A. MacConaghy Filing fee $ 300, receipt number AHIDC-2814823.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Proposed Order)(Kim, Jongwook)
March 21, 2023 Opinion or Order Filing 223 MOTION for Pro Hac Vice Damian P. Gallagher Filing fee $ 300, receipt number AHIDC-2814813.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Proposed Order)(Kim, Jongwook)
March 17, 2023 Opinion or Order Filing 222 NOTICE of Appearance by Taylor Shantrell Brack on behalf of A. M. B., A. B., A. P., T. T. on behalf of A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Brack, Taylor)
March 15, 2023 Opinion or Order Filing 221 EP: TELEPHONIC STATUS CONFERENCE held on 3/15/2023. Discussion had regarding the parties' ECF #217 Joint Status Report and ongoing discovery issues. Student Athletics Rosters:Defendant Department of Education ("DOE") directed to produce student athletic rosters to Plaintiffs by 3/31/2023.Rule 30(b)(6) Depositions:Parties agree to make good faith diligent efforts to complete remaining depositions by 4/19/2023.Yearbooks: Court directs Plaintiffs to consult with clients to determine any yearbooks from 2017 to 2023 that they already possess. Thereafter, by 3/24/2023, Plaintiff may request DOE produce those portions of any yearbooks relating to student athletics for any school year from 2017 to 2023 for which they do not already possess. DOE shall make good faith efforts to produce requested yearbook-related documents requested by Plaintiffs consistent with current scheduling order deadlines and applicable rules. Mediation: Parties directed to confer and select a mediator by no later than 3/24/2023.Court sets Telephonic Status Conference for 6/6/2023 at 8:30 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Parties to submit joint update to Trader_Orders@hid.uscourts.gov by 5/30/2023. (ZOOM / 9:15 - 9:55 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
March 13, 2023 Opinion or Order Filing 220 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF DEPOSITION OF RORY PICO (Kim, Jongwook)
March 13, 2023 Opinion or Order Filing 219 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF RULE 30(b)(6) DEPOSITION OF HAWAII STATE DEPARTMENT OF EDUCATION (Kim, Jongwook)
March 13, 2023 Opinion or Order Filing 218 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF RULE 30(b)(6) DEPOSITION OF OAHU INTERSCHOLASTIC ASSOCIATION (Kim, Jongwook)
March 10, 2023 Opinion or Order Filing 217 STATUS REPORT JOINT STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
March 7, 2023 Opinion or Order Filing 216 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF SUBPOENA OF GOOD SPORTS, INC. (Kim, Jongwook)
March 7, 2023 Opinion or Order Filing 215 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF DEPOSITION OF NICOLE ISAIIJIMA (Kim, Jongwook)
March 7, 2023 Opinion or Order Filing 214 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. PLAINTIFFS NOTICE OF DEPOSITION OF JON HENRY LEE (Kim, Jongwook)
March 7, 2023 Opinion or Order Filing 213 ORDER REGARDING REQUEST FOR EXPEDITED DISCOVERY ASSISTANCE re: ECF #210 , #211 , #212 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/7/2023. (laa)
March 3, 2023 Opinion or Order Filing 212 Letter Brief Under LR37.1 Seeking Continued Rule 30(b)(6) Deposition of Hawaii State Department of Education. (Kim, Jongwook)
March 3, 2023 Opinion or Order Filing 211 Letter Brief (addressed to Magistrate Judge Rom Trader) Pursuant to LR 37.1 by Oahu Interscholastic Association. (Wong, Kourtney) Modified on 3/7/2023 (eta).
March 3, 2023 Opinion or Order Filing 210 Letter Brief addressed to Magistrate Judge Rom Trader from Kendall J. Moser, Deputy Attorney General, dated March 3, 2023. (Moser, Kendall) Modified on 3/6/2023 (eta).
February 28, 2023 Opinion or Order Filing 209 EO: On 2/28/2023, counsel for Plaintiffs' informed the Court via email that Plaintiffs would be seeking expedited discovery assistance pursuant to LR37.1(c) and that the parties had conferred and agreed upon a deadline of 3/3/2023 for the submission of letter briefs. Accordingly, the Court sets a deadline of 3/3/2023 for the submission of letter briefs. The Court requires the parties to provide mandatory chambers copies pursuant to Local Rule 10.3. The parties may 1) mail the mandatory copies as permitted under Local Rule 10.3(c)(2), 2) drop off the copies at the overnight drop box located outside the court house, or 3) drop off the copies at the Clerk's Office. (MAGISTRATE JUDGE ROM TRADER)(laa)
February 10, 2023 Opinion or Order Filing 208 EP: TELEPHONIC STATUS CONFERENCE held. Discussion had. Mr. Kim reports productive meet and confer had on 1/20/2023, but differences remain as to timing of expert witness disclosures and number of depositions to be taken. Mr. Moser reports Defendants' document production to be completed in next few days. Discussion had regarding modest adjustment of parties' respective 3/3/2023 and 5/3/2023 expert witness disclosure deadlines. Based upon the parties' agreement and the Court's finding of good cause, the Court EXTENDS the following deadlines: Plaintiffs' expert witness disclosure deadline is EXTENDED from 3/3/2023 to 5/3/2023. Defendants' expert witness disclosure deadline is EXTENDED from 5/3/2023 to 6/3/2023. Dispositive motions deadline is EXTENDED from 5/3/2023 to 6/3/2023. Parties advised that Court unlikely to entertain further adjustments to deadlines. Parties encouraged to reach agreement as to number of depositions to be taken. To further monitor the status of discovery, the Court sets Telephonic Status Conference for 3/15/2023 at 9:15 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: Dial in number: 1-833-568-8864 (toll-free). Meeting ID: 161 5641 6035. Parties are DIRECTED to meet and confer by no later than 3/8/2023. Parties to submit joint update to Trader_Orders@hid.uscourts.gov by 3/10/2023. (MAGISTRATE JUDGE ROM TRADER) (jo)
February 1, 2023 Opinion or Order Filing 207 TRANSCRIPT of Proceedings held on 12/6/2022, before Judge Trader. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 17 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 2/21/2023. Redacted Transcript Deadline set for 3/1/2023. Release of Transcript Restriction set for 5/1/2023. (Cahill, Jesscia)
January 10, 2023 Opinion or Order Filing 206 EP: TELEPHONIC STATUS CONFERENCE held.Court continues to monitor status of discovery. Discussion had. Despite Defendant Department of Education's ("DOE") most recent document production of nearly 10,000 pages and limited additional production anticipated this week, Plaintiff maintains concerns that production is deficient. DOE describes efforts to secure and produce responsive documents. Parties advised that the expeditious completion of discovery is critical to whether and when productive settlement discussions may be possible. Parties directed to meet and confer by no later than 1/20/2022 to attempt resolution. Discussion had regarding possible adjustment of expert witness disclosure deadlines. Court declines to do so at this time, however, may be willing to entertain a modest adjustment of expert deadlines at the next conference. Parties reminded that given the age of this case, the Court intends to otherwise maintain the current trial date and deadlines.To monitor status of discovery, Court sets Telephonic Status Conference for 2/10/2023 at 8:45 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ZOOM / 9:28 - 9:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
December 21, 2022 Opinion or Order Filing 205 TRANSCRIPT of Proceedings held on 11/1/2022, before Judge Trader. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 22 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 1/9/2023. Redacted Transcript Deadline set for 1/18/2023. Release of Transcript Restriction set for 3/20/2023. (Cahill, Jesscia)
December 13, 2022 Opinion or Order Filing 204 NOTICE of Appearance by Spencer Jeki Lau on behalf of Oahu Interscholastic Association on behalf of Oahu Interscholastic Association. (Attachments: #1 Certificate of Service Certificate of Service)(Lau, Spencer)
December 6, 2022 Opinion or Order Filing 203 EP: TELEPHONIC STATUS CONFERENCE held.Discussion had. Defendant Department of Education ("DOE") provided supplemental responses/documents in response to Plaintiffs' higher priority discovery requests. While 1400 pages provided, Plaintiffs contend that DOE's production deficient. Parties to confer to attempt resolution. Court suggests that DOE consider providing affirmative sworn statement by DOE that it has made good faith diligent search for documents and has no other documents to provide. To monitor status of discovery, Court sets Telephonic Status Conference for 1/10/2023 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. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ZOOM / 9:30 - 9:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
November 1, 2022 Opinion or Order Filing 202 EP: TELEPHONE CONFERENCE held.Discussion had. Parties confirm site inspection completed in October. Plaintiff reports issues with Defendant Hawaii State Department of Education's ("DOE") supplemental discovery responses and production. Court directs parties to meet and confer regarding further specificity to prioritize and better identify information and documents sought.To monitor status of discovery, Court sets Telephonic Status Conference for 12/6/2022 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. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ZOOM / 8:30 - 8:57 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
November 1, 2022 Opinion or Order Filing 201 EO: The dial in information for the Telephone Conference set for 11/1/2022 at 8:30 AM before MAGISTRATE JUDGE TRADER has changed. Please dial in using the following information: Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
October 26, 2022 Opinion or Order Filing 200 CERTIFICATE OF SERVICE by Hawaii State Department of Education Re: Department of Education's Second Supplemental Response to Plaintiffs' Request for Production to Defendant Hawaii State Department of Education, Set One (Moser, Kendall)
September 19, 2022 Opinion or Order Filing 199 CERTIFICATE OF SERVICE by Oahu Interscholastic Association [RE: Defendant Oahu Interscholastic Associations: (1) Third Supplemental Response to Plaintiffs Request for Production to Defendant, Set One; (2) Third Privilege Log in Response to Plaintiffs Request for Production to Defendant, Set One; and (3) OIA002586-OIA003192] (Wong, Kourtney)
September 15, 2022 Opinion or Order Filing 198 CERTIFICATE OF SERVICE by Hawaii State Department of Education Re: Defendant Hawaii State Department of Education's Supplemental Initial Disclosures (Moser, Kendall)
September 15, 2022 Opinion or Order Filing 197 CERTIFICATE OF SERVICE by Hawaii State Department of Education Re: Department of Education's First Supplemental Response to Plaintiffs' Request for Production to Defendant Hawaii State Department of Education, Set One; Exhibit A (Moser, Kendall)
September 15, 2022 Opinion or Order Filing 196 CERTIFICATE OF SERVICE by Hawaii State Department of Education Re: Defendant Hawaii State Department of Education's First Supplemental Response to Plaintiffs' Interrogatories to Defendant Hawaii State Department of Education, Set One (Moser, Kendall)
September 14, 2022 Opinion or Order Filing 195 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. REGARDING PLAINTIFFS' REQUEST FOR INSPECTION (Kim, Jongwook)
July 12, 2022 Opinion or Order Filing 194 SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 7/12/22. (laa)
July 12, 2022 Opinion or Order Filing 193 EP: TELEPHONIC STATUS CONFERENCE held.Discussion had regarding proposed trial setting as well as, discovery and settlement in light of District Judge Kobayashi's ECF #188 Court Order: Vacating Post-Remand Hearing; Granting Plaintiffs' Motion for Class Certification; Lifting Stay and Reopening the Case ("Order"). Parties request October 2023 trial date. Plaintiffs request Court set deadline for Defendants to provide supplemental discovery responses. Plaintiffs to provide Defendants list of outstanding discovery requests. Defendants agree. Court DIRECTS Defendants to provide supplemental discovery responses and initial disclosures by 8/12/2022. Otherwise, Court confirms prior limitations on pre-certification discovery now lifted. Mr. Kim reports parties considering private mediation.Court CONTINUES the Telephone Conference set for 9/14/2022 at 8:30 a.m. before Magistrate Judge Trader to 11/1/2022 at 8:30 a.m. 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.Court sets trial for 10/2/2023 before District Judge Kobayashi. All unexpired deadlines adjusted consistent with the new trial date. All expired deadlines to remain closed. Amended Rule 16 Scheduling Order to issue.Dates given: Non-Jury Trial is set for 10/2/2023 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Telephonic Final Pretrial Conference is set for 8/22/2023 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference #2 is set for 7/7/2023 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER.Confidential settlement conference statements due by 6/30/2023. Telephone Conference is set for 11/1/2022 at 08:30 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 5/3/2023. Discovery due by 8/4/2023. (ATT / 1:00 - 1:15 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
July 11, 2022 Opinion or Order Filing 192 NOTICE by Hawaii State Department of Education OF WITHDRAWAL OF COUNSEL FOR DEFENDANT HAWAI STATE DEPARTMENT OF EDUCATION Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Inagaki, Caron)
July 11, 2022 Opinion or Order Filing 191 NOTICE of Appearance by Caron M. Inagaki on behalf of Hawaii State Department of Education on behalf of Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Inagaki, Caron)
July 8, 2022 Opinion or Order Filing 190 STATUS REPORT Joint Status Report by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
July 5, 2022 Opinion or Order Filing 189 EO: Telephonic Status Conference - MJ is set for 7/12/2022 at 01:00 PM before MAGISTRATE JUDGE ROM TRADER. Parties to submit a joint status report (no more than 5 pages) by Friday, 7/8/2022, providing proposed trial date(s) and identifying any scheduling concerns/considerations. 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. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
July 1, 2022 Opinion or Order Filing 188 EO: COURT ORDER: VACATING POST-REMAND HEARING; GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; LIFTING STAY AND REOPENING THE CASE (JUDGE LESLIE E. KOBAYASHI)(afe)
June 16, 2022 Opinion or Order Filing 187 RESPONSE to #183 Plaintiffs' Post-Remand Supplemental Memorandum in Support of Plaintiffs' Motion for Class Certification, Filed on Jay 26, 2022; Certificate of Service filed by Oahu Interscholastic Association. (Hosoda, Lyle) Modified on 6/17/2022 (eta).
June 16, 2022 Opinion or Order Filing 186 MEMORANDUM [Defendant Hawaii State Department of Education's Post-Remand Statement] re #177 filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall) Modified on 6/17/2022 (eta).
June 9, 2022 Opinion or Order Filing 185 EO: In light of the [ECF #184 ] Joint Status Report filed on 6/8/2022, the Court CONTINUES the Telephone Conference previously set for 6/15/2022 at 8:30 a.m. before MAGISTRATE JUDGE ROM TRADER to 9/14/2022 at 8:30 a.m. Parties to submit a joint report of 5 pages or less concerning the status of the pending class certification issue by 9/6/2022. 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)
June 8, 2022 Opinion or Order Filing 184 STATUS REPORT Joint Status Report by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
May 26, 2022 Opinion or Order Filing 183 Post-Remand Supplemental MEMORANDUM in Support re #59 MOTION to Certify Class filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook) Modified on 5/27/2022 (eta).
May 16, 2022 Opinion or Order Filing 182 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LYNNETTE MINER re #180 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/16/2022. (eta)
May 16, 2022 Opinion or Order Filing 181 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DAVID A. BALME re #179 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/16/2022. (eta)
May 16, 2022 Opinion or Order Filing 180 MOTION for Pro Hac Vice Lynnette Miner Filing fee $ 300, receipt number AHIDC-2681145.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Certificate of Service)(Kim, Jongwook)
May 16, 2022 Opinion or Order Filing 179 MOTION for Pro Hac Vice David A. Balme Filing fee $ 300, receipt number AHIDC-2681143.Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration, #2 Certificate of Service)(Kim, Jongwook)
April 26, 2022 Opinion or Order Filing 178 TRANSMITTAL of DOCUMENTS re ECF No. #152 : MANDATE, re USCA NO. 20-15570. The judgment of this Court, entered April 04, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellees in the amount of $169.30. (eta)
April 22, 2022 Opinion or Order Filing 177 EO: COURT ORDER SETTING SUPPLEMENTAL BRIEFING SCHEDULE AND HEARING DATEThe post-remand briefing schedule will be as follows:-Plaintiffs shall file their supplemental memorandum in support of their Motion for Class Certification bMay 26, 2022; and-the defendants shall file their responses to Plaintiffs' supplemental memorandum by June 16, 2022.Plaintiffs' supplemental memorandum and the defendants' respective responses are each limited to fifteen pages, excluding supporting materials. A hearing on the post-remand issues will be held on July 8, 2022, at 9:45 a.m. However, the Court notes that the hearing may be vacated if the Court determines, after reviewing the parties' memoranda, that oral argument is not necessary. (JUDGE LESLIE E. KOBAYASHI)(rls)
April 19, 2022 Opinion or Order Filing 176 STATUS REPORT Joint Status Letter in response to April 5, 2022 Order (Dkt. 174) by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
April 5, 2022 Opinion or Order Filing 174 EO: COURT ORDER DIRECTING THE PARTIES TO MEET AND CONFER AND TO SUBMIT A JOINT STATUS LETTER. (JUDGE LESLIE E. KOBAYASHI) (afe)
April 4, 2022 Opinion or Order Filing 175 TRANSMITTAL of DOCUMENTS re ECF No. #152 : OPINION, USCA NO. 20-15570: REVERSED AND REMANDED. (eta)
February 1, 2022 Opinion or Order Filing 173 EO: In light of the [ECF 172] Joint Status Report filed 1/28/2022, the Court CONTINUES Telephone Conference previously set for 2/4/2022 at 9:15 a.m. to 6/15/2022 at 8:30 a.m. before Magistrate Judge Trader. Parties to submit a joint report of 5 pages or less concerning the status of the 9th Circuit appeal by 6/8/2022. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
January 28, 2022 Opinion or Order Filing 172 STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
October 25, 2021 Opinion or Order Filing 171 EO: In light of the [ECF #170 ] Joint Status Report filed 10/21/2021, the Court CONTINUES Telephone Conference previously set for 10/29/2021 at 9:00 a.m. to 2/4/2022 at 9:15 a.m. before Magistrate Judge Trader. Parties to submit a joint report of 5 pages or less concerning the status of the 9th Circuit appeal by 1/28/2022. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below: 1. Dial 1-888-363-4735.2. Enter Access Code (2070326). (MAGISTRATE JUDGE ROM TRADER)(afe)
October 21, 2021 Opinion or Order Filing 170 JOINT STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook) Modified on 10/24/2021 (eta).
August 24, 2021 Opinion or Order Filing 169 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL KIM TURNER re #168 - Signed by JUDGE LESLIE E. KOBAYASHI on 8/24/2021. Attorney Kim Turner terminated. (emt, )
August 20, 2021 Opinion or Order Filing 168 MOTION to Withdraw as Attorney Kim Turner appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Kim Turner, #2 Certificate of Service)(Turner, Kim)
July 12, 2021 Opinion or Order Filing 167 EO: In light of the [ECF 166] Joint Status Report filed on 07/08/2021, the Court CONTINUES Telephone Conference previously set for 07/16/2021 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER to 10/29/2021 at 9:00 a.m. Parties to submit a joint report of 5 pages or less concerning the status of the 9th Circuit appeal by 10/22/2021. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below: 1. Dial 1-888-363-4735.2. Enter Access Code (2070326) (MAGISTRATE JUDGE ROM TRADER)(rls, )
July 8, 2021 Opinion or Order Filing 166 JOINT STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook) Modified on 7/9/2021 (emt, ).
July 2, 2021 Opinion or Order Filing 165 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL WYATT HONSE re: #164 - Signed by MAGISTRATE JUDGE ROM TRADER on 7/2/2021. Attorney Wyatt A. Honse terminated (jo)
July 2, 2021 Opinion or Order Filing 164 MOTION to Withdraw as Attorney for Plaintiffs Wyatt A. Honse appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Wyatt Honse, #2 Certificate of Service)(Honse, Wyatt)
June 10, 2021 Opinion or Order Filing 163 NOTICE by Oahu Interscholastic Association Notice of Change of Firm Affiliation for Defendant Oahu Interscholastic Association; Certificate of Service Oahu Interscholastic Association. (Hosoda, Lyle)
March 5, 2021 Opinion or Order Filing 162 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL ELIZABETH BIXBY re #161 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/5/2021. Attorney Elizabeth Bixby terminated. (emt, )
March 4, 2021 Opinion or Order Filing 161 MOTION to Withdraw as Attorney for Plaintiffs Elizabeth Bixby appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Elizabeth Bixby, #2 Certificate of Service)(Bixby, Elizabeth)
February 19, 2021 Opinion or Order Filing 160 EO: Court CONTINUES Telephone Conference previously set for 02/26/2021 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER to 07/16/2021 at 9:00 a.m. Parties to submit a joint report of 5 pages or less concerning the status of the 9th Circuit appeal by 07/9/2021. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below: 1. Dial 1-888-363-4735. 2. Enter Access Code (2070326) (MAGISTRATE JUDGE ROM TRADER)(laa)
February 19, 2021 Opinion or Order Filing 159 STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
January 20, 2021 Opinion or Order Filing 158 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL MATEO CABALLERO re #157 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/20/2021. Attorney Mateo Caballero terminated. (emt, )
January 16, 2021 Opinion or Order Filing 157 MOTION to Withdraw as Attorney for Plaintiffs Mateo Caballero appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Mateo Caballero, #2 Certificate of Service)(Caballero, Mateo)
August 27, 2020 Opinion or Order Filing 156 EO: Court CONTINUES Telephone Conference previously set for 09/03/2020 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER to 02/26/2021 at 9:00 a.m. Parties to submit a joint report of 5 pages or less concerning the status of the 9th Circuit appeal by 02/19/2021.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:1. Dial 1-888-363-4735. 2. 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)
August 26, 2020 Opinion or Order Filing 155 STATUS REPORT JOINT STATUS REPORT by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
May 26, 2020 Opinion or Order Filing 154 EO: Court continues the telephone conference previously set for 06/03/2020 at 9:00 a.m. to 09/03/2020 at 9:00 a.m. in before MAGISTRATE JUDGE ROM TRADER. Parties to submit joint update of no more than 2 pages by 08/27/2020 regarding the status of the 9th Circuit appeal. (MAGISTRATE JUDGE ROM TRADER)(jp)
April 8, 2020 Opinion or Order Filing 151 EO: COURT ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE. (JUDGE LESLIE E. KOBAYASHI) (afe)
April 8, 2020 Opinion or Order PAYMENT of Fees - Appeal Fee re #150 Transmittal of Documents,, Filing fee $ 505, receipt number 0975-2356610.. (Frahn, Harrison) Modified on 4/8/2020 USCA NO. 20-15570 (emt, ).
April 1, 2020 Opinion or Order Filing 153 TRANSMITTAL of DOCUMENTS: USCA TIME SCHEDULE ORDER re #150 , USCA NO. 20-15570. (emt, )
April 1, 2020 Opinion or Order Filing 152 USCA Case Number 20-15570 re #150 Transmittal of Documents. (emt, )
March 31, 2020 Opinion or Order Filing 150 TRANSMITTAL of DOCUMENTS from the Ninth Circuit Court of Appeals, USCA No. 20-80014: The court, in its discretion, grants the petition for permission to appeal the district court's December 31, 2019 order denying class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). Within 14 days after the date of this order, petitioners shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). (emt, ) Modified on 4/8/2020: See ECF No. #152 - The Notice of Appeal has been assigned USCA No. 20-15570 . (emt, ).
March 3, 2020 Opinion or Order Filing 149 EP: STATUS CONFERENCE held.Discussion had.Plaintiff pursuing interlocutory appeal of Order Denying Plaintiffs Motion for Class Certification ECF #143 . Parties anticipate the United States Court of Appeals for the Ninth Circuit may decide whether to grant or deny an interlocutory appeal within one to four months.Court VACATES all dates and deadlines. Phone Status Conference set for 06/03/2020 at 9:00 a.m. before Magistrate Judge Trader. Parties to submit joint update of no more than 2 pages by 05/26/2020 regarding the status of the 9th Circuit appeal. (Court Reporter No.) (MAGISTRATE JUDGE ROM TRADER)(jp)
February 28, 2020 Opinion or Order Filing 148 EO: Per the request of Counsel, a Status Conference is set for 03/03/2020 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(jp)
February 4, 2020 Opinion or Order Filing 147 CERTIFICATE OF SERVICE by Oahu Interscholastic Association (Re: Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Admissions, Set One, dated December 23, 2019) (Wong, Kourtney)
February 4, 2020 Opinion or Order Filing 146 NOTICE of Appearance by Kourtney H. L. M. Wong on behalf of Oahu Interscholastic Association on behalf of Oahu Interscholastic Association. (Wong, Kourtney)
January 14, 2020 Opinion or Order Filing 145 TRANSMITTAL of DOCUMENTS from the Ninth Circuit Court of Appeals, re Plaintiffs' Petition for Permission to Appeal Pursuant to Fed.R. Civ. P. 23(f), assigned USCA NO. 20-80014 . (Attachments: #1 Notice from Ninth Circuit Court of Appeals re: Review of Parties and Counsel Listing, #2 Petition for Permission to Appeal) (emt, )
January 10, 2020 Opinion or Order Filing 144 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. re #135 Certificate of Service OAHU INTERSCHOLASTIC ASSOCIATION'S FIRST REQUEST FOR ADMISSIONS TO PLAINTIFFS (Kim, Jongwook)
December 31, 2019 Opinion or Order Filing 143 ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re: #59 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/31/2019. (jo)
December 23, 2019 Opinion or Order Filing 142 CERTIFICATE OF SERVICE by A. M. B., A. B., A. P., T. T. re PLAINTIFFS REQUESTS FOR ADMISSION TO DEFENDANT OAHU INTERSCHOLASTIC ASSOCIATION, SET ONE (Kim, Jongwook)
December 17, 2019 Opinion or Order Filing 141 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Re Defendant Oahu Interscholastic Association's Second Supplemental Response to Plaintiffs' Request for Production to Defendant, Set One (Hosoda, Lyle)
December 17, 2019 Opinion or Order Filing 140 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Re Defendant Oahu Interscholastic Association's Second Privilege Log in Response to Plaintiffs' Request for Production to Defendant, Set On (Hosoda, Lyle)
December 16, 2019 Opinion or Order Filing 139 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Privilege Log in Response to Plaintiffs' Request for Production to Defendant, Set One (Hosoda, Lyle)
December 16, 2019 Opinion or Order Filing 138 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Supplemental Response to Plaintiffs' Request for Production to Defendant, Set One (Hosoda, Lyle)
December 5, 2019 Opinion or Order Filing 137 CERTIFICATE OF SERVICE by Hawaii State Department of Education AMENDED CERTIFICATE OF SERVICE [Re: Notice of Taking Deposition Upon Oral Examination - A.B. 12/18/19 at 11:00 a.m.] (Moser, Kendall)
December 5, 2019 Opinion or Order Filing 136 CERTIFICATE OF SERVICE by Hawaii State Department of Education AMENDED CERTIFICATE OF SERVICE [Re: Notice of Taking Depositions Upon Oral Examination - D.B. - 12/17/19 at 11:00 a.m.) (Moser, Kendall)
December 4, 2019 Opinion or Order Filing 135 CERTIFICATE OF SERVICE by Oahu Interscholastic Association Re: Defendant Oahu Interscholastic Association's First Request for Admission to Plaintiffs (Hosoda, Lyle)
November 19, 2019 Opinion or Order Filing 134 CERTIFICATE OF SERVICE by Hawaii State Department of Education [RE: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION - D.B. DECEMBER 17, 2019 at 9 o'clock a.m. (Moser, Kendall)
November 19, 2019 Opinion or Order Filing 133 CERTIFICATE OF SERVICE by Hawaii State Department of Education [RE: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION - A.M.B. DECEMBER 19, 2019 at 9 o'clock a.m. (Moser, Kendall)
November 19, 2019 Opinion or Order Filing 132 CERTIFICATE OF SERVICE by Hawaii State Department of Education [RE: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION - D.B. A.B. DECEMBER 17 18, 2019 at 9 o'clock a.m. (Moser, Kendall) Docket text modified on 11/19/2019 (emt, ).
October 17, 2019 Opinion or Order Filing 131 TRANSCRIPT of Proceedings held on 09-26-2019, before Judge Rom Trader. Court Reporter/Transcriber - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. 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 11/4/2019. Redacted Transcript Deadline set for 11/14/2019. Release of Transcript Restriction set for 1/13/2020. (dr@, hid.uscourts.gov)
October 16, 2019 Opinion or Order Filing 130 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ELIZABETH BIXBY re #126 - Signed by MAGISTRATE JUDGE ROM A. TRADER on 10/16/2019. (emt, )
October 16, 2019 Opinion or Order Filing 129 EO: On October 15, 2019, Plaintiffs filed a Motion to Appear Pro Hac Vice ("Motion") to seek admission of Elizabeth Bixby, Esq. as pro hac vice for this particular case (ECF No. 126). On October 16, 2019, Defendant Hawaii State Department of Education filed an Objection to Plaintiff's Motion (ECF No. 127). On that same day, Defendant filed an Amended Objection to Plaintiff's Motion (ECF No. 128). Defendant opposes the Motion on the basis that Plaintiffs currently have 6 pro hac vice attorneys for a total of 8 counsel of record (ECF No. 128).Plaintiffs have complied with Local Rule 83.1, and Ms. Bixby's application meets the standards required for admission as pro hac vice for this case. LR83.1(c)(2). Defendant has not provided any legal authority supporting the denial of the Motion. Accordingly, Defendant's Amended Objection is OVERRULED. re #128 Objection, #127 Objection, #126 MOTION for Pro Hac Vice for Elizabeth Bixby Filing fee $ 300, receipt number 0975-2277448. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
October 16, 2019 Opinion or Order Filing 128 AMENDED OBJECTION re #126 MOTION for Pro Hac Vice for Elizabeth Bixby Filing fee $ 300, receipt number 0975-2277448. Defendant Hawaii State Department of Education's Amended Objection to Plaintiffs' Motion To Admit Elizabeth Bixby Pro Hac Viced filed October 15, 2019 filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Awong, William) Modified on 10/17/2019 (emt, ).
October 16, 2019 Opinion or Order Filing 127 OBJECTION re #126 MOTION for Pro Hac Vice for Elizabeth Bixby Filing fee $ 300, receipt number 0975-2277448. Defendant Hawaii State Department of Education's Objection To Plaintiffs' Motion To Admit Elizabeth Bixby Pro Hac Vice filed October 15, 2019 [ECF126] filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Awong, William)
October 15, 2019 Opinion or Order Filing 126 MOTION for Pro Hac Vice for Elizabeth Bixby Filing fee $ 300, receipt number 0975-2277448.Mateo Caballero appearing for Plaintiffs A. M. B., A. B., A. P., T. T. (Attachments: #1 Declaration of Elizabeth Bixby)(Caballero, Mateo)
October 14, 2019 Opinion or Order Filing 125 ANSWER to #116 Amended Complaint, [Defendant Hawaii State Department of Education's Answer to Plaintiffs' Second Amended Complaint for Declaratory and Injunctive Relief] by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall)
October 7, 2019 Opinion or Order Filing 124 TRANSCRIPT of MOTION TO CERTIFY CLASS Proceedings held on 09-19-2019, before Judge Leslie E. Kobayashi. Court Reporter - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. PP. - 36 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 10/25/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/2/2020. (dr@, hid.uscourts.gov)
October 4, 2019 Opinion or Order Filing 123 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT re #97 , #115 - Signed by MAGISTRATE JUDGE ROM A. TRADER on 10/4/2019. Hawaii State Department of Education answer due 10/15/2019; Oahu Interscholastic Association answer due 10/15/2019. (emt, )
October 3, 2019 Opinion or Order Filing 122 RESPONSE re #117 Supplement, Defendant Oahu Interscholastic Association's Memorandum in Opposition to Plaintiffs' Supplemental Memorandum in Support of Motion For Class Certification filed by Oahu Interscholastic Association. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
October 3, 2019 Opinion or Order Filing 121 RESPONSE re #59 MOTION to Certify Class filed by A. M. B., A. B., A. P., T. T.. (Attachments: #1 Certificate of Service)(Caballero, Mateo)
October 3, 2019 Opinion or Order Filing 120 RESPONSE re #117 Supplement, [Def Hawaii State Department of Education's Response to Pltfs Supplemental Memorandum in Support of Motion for Class Certification] filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall)
October 2, 2019 Opinion or Order Filing 119 Defendant Oahu Interscholastic Association's ANSWER to #116 Amended Complaint, for Declaratory and Injunctive Relief by Oahu Interscholastic Association. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
September 27, 2019 Opinion or Order Filing 118 EO: COURT ORDER DENYING AS MOOT DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATION'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (ECF NO. #88 ). (JUDGE LESLIE E. KOBAYASHI)(rls, )
September 26, 2019 Opinion or Order Filing 117 SUPPLEMENTAL MEMORANDUM in Support of #59 MOTION to Certify Class filed by T. T., A. B. by A. M. B., A. B., A. P., T. T. . (Attachments: #1 Declaration of Kim Turner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Certificate of Service)(Caballero, Mateo) Docket text modified on 9/27/2019 (emt, ).
September 26, 2019 Opinion or Order Filing 116 SECOND AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by A. B., A. M. B., T. T., A. P.. (Attachments: #1 Certificate of Service)(Kim, Jongwook) Docket text modified on 9/27/2019 (emt, ).
September 26, 2019 Opinion or Order Filing 115 EP: Hearing on #97 Plaintiffs' Motion for Leave to File Second Amended Complaint was held.Oral arguments heard.Court takes judicial notice of the records and files, the operative legal authority and adopts the arguments and authorities relied upon by Plaintiffs. After considering the factors set forth in Foman v. Davis, 371 U.S. 178 (1962), Court finds these factors weigh in favor of permitting leave to file the Proposed Second Amended Complaint [97-3]. For the reasons stated on the record, #97 Plaintiffs' Motion for Leave to File Second Amended Complaint is GRANTED. Plaintiffs' deadline to file the Second Amended Complaint is close of business on 9/30/2019. Defendants shall have until 10/14/19 to file an answer or responsive pleading.Mr. Kim to submit an Order within 7 days of this hearing. (FTR C5, 9:30AM -9:55AM) (MAGISTRATE JUDGE ROM TRADER)(shm) Modified on 10/4/2019 (shm, ).
September 26, 2019 Opinion or Order Filing 114 Defendant Hawaii State Department of Education's SUPPLEMENTAL BRIEF in Support of #104 Opposition to #59 Plaintiffs' MOTION for Class Certification filed by Hawaii State Department of Education by Hawaii State Department of Education . (Attachments: #1 Certificate of Service)(Moser, Kendall) Docket text modified on 9/27/2019 (emt, ).
September 19, 2019 Opinion or Order Filing 113 SECOND AMENDED REFERENCE LIST (L.R. 100.10.2) - filed by A. M. B., A. B., T. T. (SEALED) (emt, )
September 19, 2019 Opinion or Order Filing 112 EP: Hearing on #59 Plaintiffs' Motion for Class Certification was held.Oral arguments heard. #59 Plaintiffs' Motion for Class Certification - pending additional briefing. Plaintiffs' supplemental briefing is due 9/26/2019. Defendants' supplemental briefing is due 9/26/2019. Responses from both parties are due on 10/3/2019 and shall be no more than 10 pages (excluding exhibits). (Court Reporter Debi Read.) (JUDGE LESLIE E. KOBAYASHI)(shm)
September 12, 2019 Opinion or Order Filing 111 REPLY re #97 MOTION for Leave to File Second Amended Complaint filed by A. M. B., A. B., T. T.. (Attachments: #1 Declaration of Jongwook "Wookie" Kim, #2 Certificate of Service)(Kim, Jongwook)
September 11, 2019 Opinion or Order Filing 110 NOTICE of Appearance by William R.K. Awong on behalf of Hawaii State Department of Education on behalf of Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Awong, William)
September 10, 2019 Opinion or Order Filing 109 NOTICE of Appearance by Kendall J. Moser on behalf of Hawaii State Department of Education on behalf of Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Moser, Kendall)
September 6, 2019 Opinion or Order Filing 108 REPLY re #59 MOTION to Certify Class filed by A. M. B., A. B., T. T.. (Attachments: #1 Certificate of Service)(Caballero, Mateo)
September 5, 2019 Opinion or Order Filing 107 MEMORANDUM in Opposition re #97 MOTION for Leave to File Second Amended Complaint filed by Oahu Interscholastic Association. (Attachments: #1 Declaration of Lyle S. Hosoda, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Hosoda, Lyle)
September 5, 2019 Opinion or Order Filing 106 MEMORANDUM in Opposition re #97 MOTION for Leave to File Second Amended Complaint [DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT FILED AUGUST 21, 2019] filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
August 30, 2019 Opinion or Order Filing 104 MEMORANDUM in Opposition re #59 MOTION to Certify Class and Substantive Joinder, filed by Hawaii State Department of Education. (Attachments: #1 Memorandum in Opposition, #2 Certificate of Service)(Cregor, John)
August 30, 2019 Opinion or Order Filing 103 EO: #59 MOTION to Certify Class, #92 MOTION to Dismiss for failure to State a Claim. Due to a conflict in the court's schedule, the Motions Hearing date has been advanced from 9/20/2019 to 9/19/2019 at 2:45 PM in Aha Kanawai before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(tl, )
August 29, 2019 Opinion or Order Filing 102 MEMORANDUM in Opposition re #59 MOTION to Certify Class filed by Oahu Interscholastic Association. (Attachments: #1 Declaration of Lyle S. Hosoda, #2 Declaration of Raymond Fujino, #3 Exhibit 1, #4 Certificate of Service)(Hosoda, Lyle)
August 22, 2019 Opinion or Order Filing 101 NOTICE of Hearing on Motion #97 MOTION for Leave to File Second Amended Complaint : Motion Hearing is set for 9/26/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )
August 21, 2019 Opinion or Order Filing 100 Declaration re #59 MOTION to Certify Class Declaration of A.P.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
August 21, 2019 Opinion or Order Filing 99 Declaration re #59 MOTION to Certify Class Declaration of A.M.B.. (Attachments: #1 Certificate of Service)(Kim, Jongwook)
August 21, 2019 Opinion or Order Filing 98 EX PARTE Motion for Order to File Second Amended Reference List Under Seal Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., T. T. (Attachments: #1 Declaration in support of Motion)(Kim, Jongwook)
August 21, 2019 Opinion or Order Filing 97 MOTION for Leave to File Second Amended Complaint Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., T. T. (Attachments: #1 Memorandum, #2 Exhibit A - Proposed Second Amended Complaint, #3 Exhibit B - Redlined Proposed Second Amended Complaint, #4 Certificate of Service)(Kim, Jongwook)
August 21, 2019 Opinion or Order Filing 96 RESONSE re #94 Link filed by A. M. B., A. B., T. T.. (Attachments: #1 Declaration of Mateo Caballero, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Certificate of Service)(Caballero, Mateo) Modified docket text on 8/22/2019 (cib).
August 15, 2019 Opinion or Order Filing 95 RESPONSE re #94 Link [Response of Defendant Hawaii State Department of Education and Attorney General in an Order Regarding Defendant Hawaii State Department of Education's Motion to Dismiss Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief] filed by Hawaii State Department of Education. (Attachments: #1 Declaration of John M. Cregor, Jr., #2 Certificate of Service)(Connors, Clare)
August 2, 2019 Opinion or Order Filing 94 EO: COURT ORDER REGARDING DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATION'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (ECF NO. 88). (JUDGE LESLIE E. KOBAYASHI)(tl, )
July 25, 2019 Opinion or Order Filing 93 NOTICE of Hearing on Motion #92 MOTION to Dismiss for failure to State a Claim. Motion Hearing date has been set for 9/20/2019 at 9:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (tl, )
July 24, 2019 Opinion or Order Filing 92 MOTION to Dismiss for failure to State a Claim John M. Cregor, Jr appearing for Defendant Hawaii State Department of Education (Attachments: #1 Memorandum in Support of Motion, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Certificate of Service)(Cregor, John)
July 24, 2019 Opinion or Order Filing 91 ANSWER to #88 Amended Complaint by Oahu Interscholastic Association.(Hosoda, Lyle)
June 21, 2019 Opinion or Order Filing 90 CERTIFICATE OF SERVICE by A. M. B., A. B., T. T. re #88 Amended Complaint (Kim, Jongwook)
June 21, 2019 Opinion or Order Filing 89 ORDER Granting Plaintiffs' Motion For Leave To File First Amended Complaint re #69 . Signed by MAGISTRATE JUDGE ROM TRADER on 6/20/2019. (cib)
June 20, 2019 Opinion or Order Filing 88 AMENDED COMPLAINT against All Defendants, filed by A. B., T. T., A. M. B..(Kim, Jongwook)
June 19, 2019 Opinion or Order Filing 87 AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 6/19/2019. (emt, )
June 19, 2019 Opinion or Order Filing 86 EP: Plaintiffs' Motion for Leave to File First Amended Complaint #69 and Status Conference-Discussion held.Court takes judicial notice of the records and files, as well as the operative legal authority, will adopt the arguments and authority relied on by the Plaintiffs, except for the characterization of the DOEs responses or position statement thus far. The Court will grant Plaintiffs' Motion for Leave to File First Amended Complaint based upon Rule 15(a)(2) that the overarching principle for the Court's review of these types of requests is to be freely and liberally granted.Plaintiffs to file the first amended complaint in short order within 7 days.Further discussion held.Parties agree that the defendants have 35 days to file an answer or responsive pleading.Court directs that an answer or responsive pleading by filed by 7/24/19.Mr. Caballero to prepare the appropriate order incorporating the specific deadline and reserving plaintiffs' caveats previously mentioned within 7 days.Discussion held re: discovery and deadlines.Non Jury Trial set for 2/24/20 @ 9:00 a.m. before Judge Kobayashi is continued to 10/26/20 @ 9:00 a.m. All deadlines will be extended.Court to issue an Amended Rule 16 Scheduling Conference Order.Dates given: Discovery due by 8/28/2020. Dispositive Motions filed by 5/27/2020. Non-Jury Trial is set for 10/26/2020 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 9/15/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 7/16/2020 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Court to include in the last paragraph of the Rule 16 Scheduling Order: The last certification of discovery to be completed by 9/6/19, and thereafter subject to either agreement of the parties or order of the Court, discovery as to the merits would be permitted. granting #69 Motion for Leave to File; Motion Hearing held on 6/19/2019 re #69 MOTION for Leave to File First Amended Complaint filed by T. T., A. B.. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )
June 18, 2019 Opinion or Order Filing 85 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii State Department of Education's Response to Plaintiffs' Request for Additional Discovery] (Cregor, John)
June 18, 2019 Opinion or Order Filing 84 EO: Kim Turner is allowed to appear by telephone at Plaintiffs' Motion for Leave to File First Amended Complaint set for 6/19/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
June 17, 2019 Opinion or Order Filing 83 CERTIFICATE OF SERVICE by A. B., T. T. DECLARATIONS OF A.B. AND T.T. IN REGARDS TO PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATION'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES (Kim, Jongwook)
June 17, 2019 Opinion or Order Filing 82 CERTIFICATE OF SERVICE by A. B., T. T. PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES (Kim, Jongwook)
June 17, 2019 Opinion or Order Filing 81 CERTIFICATE OF SERVICE by A. B., T. T. PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS (Kim, Jongwook)
June 14, 2019 Opinion or Order Filing 80 STATUS REPORT re Joint Discovery Plan by A. B., T. T.. (Caballero, Mateo)
June 5, 2019 Opinion or Order Filing 78 REPLY re #69 MOTION for Leave to File First Amended Complaint filed by A. B., T. T.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Caballero, Mateo)
May 29, 2019 Opinion or Order Filing 77 MEMORANDUM in Opposition re #69 MOTION for Leave to File First Amended Complaint [Defendant Dept of Education's Memorandum in Limited Opposition to Plaintiffs' Motion for Leave to File First Amended Complaint] filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
May 29, 2019 Opinion or Order Filing 76 STATEMENT of No Position re #69 MOTION for Leave to File First Amended Complaint filed by Oahu Interscholastic Association. (Hosoda, Lyle)
May 24, 2019 Opinion or Order Filing 75 ORDER Denying Defendant Oahu Interscholastic Association's Motion To Dismiss Complaint re #22 . On the basis of the foregoing, the OIAs January 18, 2019 Motion to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.s Complaint for Declaratory andInjunctive Relief, Filed December 6, 2018, is HEREBY DENIED.In light of Plaintiffs Motion for Leave to File First Amended Complaint (Motion to Amend), [filed 5/16/19 (dkt. no. 69),] it is not necessary for the OIA to file its answer to the Complaint at this time. If the Motion to Amend is denied, the OIA is ORDERED to file its answer to the Complaint within twenty days after the magistrate judge issues the order denying the Motion to Amend. If the Motion to Amend is granted and Plaintiffs file an amended complaint, the answers to the amended complaint will be due in the normal course. Signed by JUDGE LESLIE E. KOBAYASHI on 5/24/2019. (cib)
May 23, 2019 Opinion or Order Filing 74 EO: COURT ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. #59 MOTION to Certify Class . Motion Hearing set for 7/5/2019 is continued to 9/20/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
May 20, 2019 Opinion or Order Filing 72 NOTICE of Hearing on Motion #69 MOTION for Leave to File First Amended Complaint : Motion Hearing is set for 6/19/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )
May 17, 2019 Opinion or Order Filing 79 First Amended Reference List (L.R. 100.10.2) filed by A. B., T. T.**Document Sealed** . (cib)
May 16, 2019 Opinion or Order Filing 70 EX PARTE Motion for Order to File First Amended Reference List Under Seal Jongwook Philip Kim appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration in support of Motion)(Kim, Jongwook)
May 16, 2019 Opinion or Order Filing 69 MOTION for Leave to File First Amended Complaint Jongwook Philip Kim appearing for Plaintiffs A. B., T. T. (Attachments: #1 Memorandum in support of Motion, #2 Exhibit A - Proposed First Amended Complaint, #3 Exhibit B - Redlined Proposed First Amended Complaint, #4 Certificate of Service)(Kim, Jongwook)
May 14, 2019 Opinion or Order Filing 68 EP: Status Conference - Discussion held re: the motion for class certification currently set for 7/5/19 before Judge Kobayashi and discovery matters.Plaintiffs' counsel informed the Court they are planning to file a motion to amend complaint to add an additional plaintiff.Given the defendants' concerns, and comments by plaintiffs, it is clear that the 7/5/19 hearing date is probably not workable.A Status Conference is currently set for 6/19/19, and the Court will try to assist the parties with discovery issues.Court will confer with Judge Kobayashi and inform her that it is anticipated that a motion to amend will be filed, it will be scheduled as quickly as possible, and that the discovery issues need to be resolved. This Court will recommend to Judge Kobayashi that the hearing on the motion for class certification be continued.Ms. Turner requests that if the motion for class certification is continued, deadlines be continued as well. To the extent a continuance has an impact on those deadlines, parties may request the Court to address those deadlines.Status Conference #2 held on 5/14/2019. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )
May 13, 2019 Opinion or Order Filing 67 EO: Kim Turner is allowed to appear by telephone at the Status Conference set for 5/14/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
May 10, 2019 Opinion or Order Filing 66 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Hawaii State Department of Education's First Request for Production of Documents to Plaintiff T.T.] (Cregor, John)
May 10, 2019 Opinion or Order Filing 65 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Defendant Hawaii State Department of Education's First Request for Answers to Interrogatories to Plaintiff T.T.] (Cregor, John)
May 10, 2019 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Hawaii State Department of Education's First Request for Answers to Interrogatories to Plaintiff A.B.] (Cregor, John)
May 10, 2019 Opinion or Order Filing 63 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Defendant Hawaii State Department of Education's First Request for Production of Documents and Things to Plaintiff A.B.] (Cregor, John)
May 7, 2019 Opinion or Order Filing 62 AMENDED NOTICE of Hearing on Motion #59 MOTION to Certify Class : Motion Hearing set for 7/5/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
May 6, 2019 Opinion or Order Filing 61 EO: The Court schedules a Status Conference for 5/14/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
May 6, 2019 Opinion or Order Filing 60 NOTICE of Hearing on Motion #59 MOTION to Certify Class : Motion Hearing is set for 7/5/2019 at 09:45 AM in Chambers of Judge Leslie E. Kobayashi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
May 3, 2019 Opinion or Order Filing 59 MOTION to Certify Class Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of A.B., #3 Declaration of C.B., #4 Declaration of D.B., #5 Declaration of T.T., #6 Declaration of K.T., #7 Declaration of S.T., #8 Declaration of Elizabeth Kristen, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N, #23 Exhibit O, #24 Exhibit P, #25 Exhibit Q, #26 Exhibit R, #27 Exhibit S, #28 Exhibit T, #29 Certificate of Service)(Caballero, Mateo) Modified on 6/29/2022 (afe).
April 23, 2019 Opinion or Order Filing 73 EP: Status Conference re: Discovery Dispute - (AMENDED)Kim Turner (Pro Hac Vice), Mateo Caballero and Jongwook Kim appearing by phone for Plaintiffs.John Cregor appearing by phone for Defendant (Hawaii DOE).Lyle Hosoda and Lauren Nakamura for Defendant (OIA).Discussion had concerning proffers and objections relating to the scope of deposition questions posed to Nicole Isa-Iijima on 4/22/19. The Court has reviewed the rough draft of the partial transcript of 4/22/19 of said deposition which is not filed as part of the record. The Court reaffirms its prior oral ruling at the Status Conference held on 4/21/19 that discovery is to proceed on a bifurcated basis with the initial phase limited to class certification only. Given the purported class alleged in the Complaint [Docket #1] as confirmed by Plaintiffs' counsel on record and the fundamental principles which guide the tailoring of discovery to the specific needs of the case after considering factors such as, relevance, scope, issues involved and the need for the information sought at this pre-certification stage of the proceedings, the Court limits the questioning of deponent Nicole Isa-Iijima, as well as, other deponents under Rules 30(b)(1) and 30(b)(6) to matters relating to class certification only. This limitation shall continue until further order by this Court or the agreement of counsel.Status Conference held on 4/23/2019. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 23, 2019 Opinion or Order Filing 58 EP: Status Conference re: Discovery Dispute - Kim Turner (Pro Hac Vice), Mateo Caballero and Jongwook Kim appearing by phone for Plaintiffs.John Cregor appearing by phone for Defendant (Hawaii DOE).Lyle Hosoda and Lauren Nakamura for Defendant (OIA).Discussion had concerning proffers and objections relating to the scope of deposition questions posed to Nicole Isa-Iijima on 4/22/19. The Court has reviewed the draft partial transcript of 4/22/19 of said deposition which is hereby made part of the record. The Court reaffirms its prior oral ruling at the Status Conference held on 4/21/19 that discovery is to proceed on a bifurcated basis with the initial phase limited to class certification only. Given the purported class alleged in the Complaint [Docket #1] as confirmed by Plaintiffs' counsel on record and the fundamental principles which guide the tailoring of discovery to the specific needs of the case after considering factors such as, relevance, scope, issues involved and the need for the information sought at this pre-certification stage of the proceedings, the Court limits the questioning of deponent Nicole Isa-Iijima, as well as, other deponents under Rules 30(b)(1) and 30(b)(6) to matters relating to class certification only. This limitation shall continue until further order by this Court or the agreement of counsel. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) Modified on 4/24/2019 (tbf, ).
April 23, 2019 Opinion or Order Filing 57 TRANSCRIPT of Proceedings held on 04-05-2019, before Judge Leslie E. Kobayashi. Court Reporter - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. 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 5/13/2019. Redacted Transcript Deadline set for 5/21/2019. Release of Transcript Restriction set for 7/19/2019. (dr@, hid.uscourts.gov)
April 22, 2019 Opinion or Order Filing 56 EP: Status Conference re: Discovery Dispute - Mateo Caballero and Jongwook Kim present for Plaintiffs A.B. and T.T.John Cregor present for Defendant Hawaii State Department of Education.Lauren Nakamura present for Defendant Oahu Interscholastic Association.Discussion had re: whether or not the questions asked during the deposition were outside the scope of the class certification issue.Pursuant to Mr. Cregor's request, counsel to suspend the deposition.The court reporter will email the partial transcript to the CRM and chambers asap - no objection by Plaintiffs' counsel.A Status Conference is set for 4/23/19 @ 8:30 a.m. by telephone. Status Conference 3 is set for 4/23/2019 08:30 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 22, 2019 Opinion or Order Filing 55 EO: Pursuant to Counsels' request, a Status Conference re: Discovery Dispute is set for 4/22/2019 02:15 PM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 22, 2019 Opinion or Order Filing 54 EP: Status Conference re: Discovery Dispute - Mateo Caballero and Jongwook Kim present for Plaintiffs A.B. and T.T. John Cregor present for Defendant Hawaii State Department of Education. Lauren Nakamura present for Defendant Oahu Interscholastic Association.Discussion had concerning discovery. In open court, Mr. Cregor provided Plaintiffs with two CDs containing additional documents responsive to currently outstanding discovery requests. Mr. Cregor also anticipates additional documents to be provided within the next three weeks. The Court will stage discovery with the first phase involving documents and information relating to class certification. Counsel are directed to meet and confer within 10 days and formulate a joint discovery plan targeting class certification which will be due by 6/14/19. The Court sets a status conference for 6/19/19 at 9:00 a.m. Status Conference is set for 6/19/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 19, 2019 Opinion or Order Filing 53 EO: Pursuant to Plaintiffs' counsels' request, a Status Conference re: Discovery Dispute is set for 4/22/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 18, 2019 Opinion or Order Filing 52 Defendant Oahu Interscholastic Association's ANSWER to #1 Complaint for Declaratory and Injunctive Relief by Oahu Interscholastic Association.(Hosoda, Lyle)
April 5, 2019 Opinion or Order Filing 51 EP: Motion Hearing held on 4/5/2019 re #22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Oahu Interscholastic Association ; denying #22 Motion to Dismiss; DOP=4/5/2019. (Court Reporter Debi Read.) (JUDGE LESLIE E. KOBAYASHI)(wnn, )
April 1, 2019 Opinion or Order Filing 50 ORDER Granting Motion To Appear Pro Hac Vice Wyatt A. Honse as to Plaintiffs A.B. and T.T. re #42 . Signed by MAGISTRATE JUDGE ROM TRADER on 4/1/2019. (cib)
March 29, 2019 Opinion or Order Filing 49 EO: On 3/25/19, Defendant Hawaii State Department of Education filed its "Notice of Withdrawal of Defendant Hawaii State Department of Education's #1 Notice of Opposition to Plaintiffs Motion to Appear Pro Hac Vice Filed March 15, 2019 [ECF 42] and #2 Request for a Briefing Schedule, Filed December 6, 2018 (ECF 22); Filed March 15, 2019 (ECF 43)" ("Withdrawal") [ECF No. 48]. Given Defendant's Withdrawal, the Court VACATES the briefing schedule granted on March 18, 2019 [ECF No. 46]. re 46 Link,, #42 MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
March 25, 2019 Opinion or Order Filing 48 NOTICE of Withdrawal of Opposition, Doc #43 by John M. Cregor, Jr on behalf of Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John) Modified on 3/25/2019 to correct event and to link to the document that is being withdrawn. (apg, ).
March 22, 2019 Opinion or Order Filing 47 REPLY re #44 Memorandum in Opposition to Motion, #22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Oahu Interscholastic Association. (Hosoda, Lyle)
March 18, 2019 Opinion or Order Filing 46 EO: On 3/15/19, Plaintiffs A.B., et al., ("Plaintiffs") filed a Motion for Pro Hac Vice for Wyatt A. Honse [ECF No. 42] ("Motion"). On that same day, Defendant Hawaii State Department of Education ("Defendant") filed a Notice of Opposition to Plaintiff's Motion to Appear Pro Hac Vice Filed 3/15/19 and Request for a Briefing Schedule [ECF No. 43]. Defendant's request for a briefing schedule is GRANTED. The opposition to the Motion is due on 3/27/19. The reply is due on 4/5/19. re #43 Notice (Other), #42 MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
March 15, 2019 Opinion or Order Filing 45 STATEMENT of No Opposition re #22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
March 15, 2019 Opinion or Order Filing 44 MEMORANDUM in Opposition re #22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by A. B., T. T.. (Kim, Jongwook)
March 15, 2019 Opinion or Order Filing 43 DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS #1 NOTICE OF OPPOSITION TO PLAINTIFFS MOTION TO APPEAR PRO HAC VICE FILED MARCH 15, 2019 [ECF 42] AND #2 REQUEST FOR A BRIEFING SCHEDULE NOTICE of by Hawaii State Department of Education re #42 MOTION for Pro Hac Vice for Wyatt A. Honse (Attachments: #1 Certificate of Service)(Cregor, John)
March 15, 2019 Opinion or Order Filing 42 MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
March 7, 2019 Opinion or Order Filing 41 STIPULATED Protective Order; Exhibit A. Signed by MAGISTRATE JUDGE ROM TRADER on 3/6/2019. (cib)
March 1, 2019 Opinion or Order Filing 40 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii' State Department of Education's Response to Plaintiffs' Request for Production] (Cregor, John)
March 1, 2019 Opinion or Order Filing 39 CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii State Department of Education's Response to Plaintiffs' Interrogatories to Defendant Hawaii State Department of Education] (Cregor, John)
March 1, 2019 Opinion or Order Filing 38 CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Interrogatories to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle)
March 1, 2019 Opinion or Order Filing 37 CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Privilege Log Corresponding to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Production to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle)
March 1, 2019 Opinion or Order Filing 36 CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Production to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle)
January 31, 2019 Opinion or Order Filing 35 RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE ROM TRADER on 1/31/2019. (cib)
January 31, 2019 Filing 34 EP: Rule 16 Scheduling Conference-Discussion held.Non-Jury Trial is set for February 24, 2020 @ 9:00 a.m. before Judge Kobayashi.Court to issue a Rule 16 Scheduling Conference Order.Dates given: Non-Jury Trial is set for 2/24/2020 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 1/14/2020 at 09:00 AM in Chambers of Magistrate Judge Rom Trader before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 11/21/2019 at 11:00 AM in Chambers of Magistrate Judge Rom Trader before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 9/25/2019. Discovery due by 12/27/2019. Rule 16 Scheduling Conference held on 1/31/2019. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(rls, )
January 24, 2019 Filing 33 Scheduling Conference Statement by Defendant Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
January 24, 2019 Filing 32 Scheduling Conference Statement for Plaintiffs. (Kim, Jongwook)
January 24, 2019 Filing 31 Scheduling Conference Statement . (Hosoda, Lyle)
January 23, 2019 Filing 30 CERTIFICATE OF SERVICE by A. B., T. T. Regarding Plaintiffs' Rule 26(a) Initial Disclosures (Kim, Jongwook)
January 23, 2019 Filing 29 CERTIFICATE OF SERVICE by A. B., T. T. Regarding Plaintiffs' First Set of Discovery Requests (Kim, Jongwook)
January 22, 2019 Filing 28 INITIAL DISCLOSURE by Oahu Interscholastic Association. (Hosoda, Lyle)
January 22, 2019 Filing 27 INITIAL DISCLOSURE by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
January 22, 2019 Filing 26 NOTICE of Appearance by Jongwook Philip Kim on behalf of A. B., T. T. on behalf of A. B., T. T.. (Kim, Jongwook)
January 22, 2019 Filing 25 REPORT of Planning Meeting . (Attachments: #1 Exhibit 1)(Caballero, Mateo)
January 18, 2019 Filing 24 ANSWER to #1 Complaint by Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
January 18, 2019 Filing 23 NOTICE of Hearing on Motion #22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 : Motion Hearing is set for 4/5/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )
January 18, 2019 Filing 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 Lyle S. Hosoda appearing for Defendant Oahu Interscholastic Association (Attachments: #1 Memorandum, #2 Certificate of Service)(Hosoda, Lyle)
January 10, 2019 Filing 21 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 18-00477-LEK-RT on all future pleadings. (cib, )
January 10, 2019 Filing 20 EO: The Clerk's Office is directed to reassign this case to another magistrate judge. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
December 21, 2018 Filing 19 SUMMONS Returned Executed by A. B., T. T.. All Defendants. Oahu Interscholastic Association served on 12/7/2018. (Attachments: #1 Certificate of Service)(Caballero, Mateo) Docket text modified on 12/26/2018 (emt, ).
December 14, 2018 Filing 18 NOTICE of Appearance by John M. Cregor, Jr on behalf of Hawaii State Department of Education on behalf of Hawaii State Department of Education. (Attachments: #1 Certificate of Service)(Cregor, John)
December 10, 2018 Opinion or Order Filing 17 ORDER Granting The Applications Of Jayma M. Meyer, Harrison J. Frahn, IV, Elizabeth Kristen, Jeeyung Cacilia Kim and Kim Turner To Appear Pro Hac Vice re #5 #6 #7 #8 #9 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/10/2018. (cib, )
December 6, 2018 Filing 15 CIVIL Waiver of Service Packet: (Attachments: NOTICE to Parties regarding service pursuant to Fed.R.Civ.P. 4 and: #1 AO 398 form: Notice of a Lawsuit and Request to Waive Service of a Summons, #2 AO 399 form: Waiver of the Service of Summons) (afc)
December 6, 2018 Filing 14 Summons Issued as to Oahu Interscholastic Association. (afc)
December 6, 2018 Filing 13 Summons Issued as to Hawaii State Department of Education. (afc)
December 6, 2018 Filing 12 CLERK OF COURT'S MEMORANDUM re: Corporate Disclosure Statements. (afc)
December 6, 2018 Opinion or Order Filing 11 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 1/31/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/6/2018. (afc) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT.
December 6, 2018 Filing 10 NOTICE of Case Assignment to U.S. DISTRICT JUDGE LESLIE E. KOBAYASHI and U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Please reflect Civil case number CV 18-00477-LEK-RLP on all further pleadings. (afc)
December 6, 2018 Filing 9 MOTION for Pro Hac Vice - Kim Turner Filing fee $ 300, receipt number 0975-2126919.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 8 MOTION for Pro Hac Vice - Jeeyung Cacilia Kim Filing fee $ 300, receipt number 0975-2126913.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 7 MOTION for Pro Hac Vice - Elizabeth Kristen Filing fee $ 300, receipt number 0975-2126912.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 6 MOTION for Pro Hac Vice - Harrison J. Frahn IV Filing fee $ 300, receipt number 0975-2126910.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 5 MOTION for Pro Hac Vice - Jayma M. Meyer Filing fee $ 300, receipt number 0975-2126900.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 4 EX PARTE Motion for Order to File Reference List under Seal Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: #1 Declaration)(Caballero, Mateo)
December 6, 2018 Filing 3 Summons (Proposed) (Caballero, Mateo)
December 6, 2018 Filing 2 Summons (Proposed) (Caballero, Mateo)
December 6, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2126863.), filed by A. B., T. T.. (Attachments: #1 Civil Cover Sheet)(Caballero, Mateo)

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Search for this case: A.B. et al v. Hawaii State Department of Education et al
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Defendant: Oahu Interscholastic Association
Represented By: Lyle S. Hosoda
Represented By: Kourtney H. L. M Wong
Represented By: Spencer Jeki Lau
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Defendant: Hawaii State Department of Education
Represented By: John M. Cregor, Jr.
Represented By: Caron M. Inagaki
Represented By: Clare E. Connors
Represented By: Kendall J. Moser
Represented By: William R.K. Awong
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Plaintiff: T. T.
Represented By: Mateo Caballero
Represented By: Jeeyung Cacilia Kim
Represented By: Harrison J. Frahn, IV
Represented By: Elizabeth Kristen
Represented By: Jongwook Philip Kim
Represented By: Jayma M. Meyer
Represented By: Kim Turner
Represented By: Damian Phillip Gallagher
Represented By: David A. Balme
Represented By: Elizabeth Bixby
Represented By: Lynnette Miner
Represented By: Pierce A. MacConaghy
Represented By: Sarah Helen Brim
Represented By: Ziwei Xiao
Represented By: Taylor Shantrell Brack
Represented By: Wyatt A. Honse
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Plaintiff: A. B.
Represented By: Mateo Caballero
Represented By: Jeeyung Cacilia Kim
Represented By: Harrison J. Frahn, IV
Represented By: Elizabeth Kristen
Represented By: Jongwook Philip Kim
Represented By: Jayma M. Meyer
Represented By: Kim Turner
Represented By: Damian Phillip Gallagher
Represented By: David A. Balme
Represented By: Lynnette Miner
Represented By: Pierce A. MacConaghy
Represented By: Sarah Helen Brim
Represented By: Ziwei Xiao
Represented By: Elizabeth Bixby
Represented By: Taylor Shantrell Brack
Represented By: Wyatt A. Honse
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Plaintiff: A. M. B.
Represented By: Damian Phillip Gallagher
Represented By: David A. Balme
Represented By: Jongwook Philip Kim
Represented By: Lynnette Miner
Represented By: Pierce A. MacConaghy
Represented By: Sarah Helen Brim
Represented By: Ziwei Xiao
Represented By: Elizabeth Bixby
Represented By: Elizabeth Kristen
Represented By: Harrison J. Frahn, IV
Represented By: Jayma M. Meyer
Represented By: Kim Turner
Represented By: Mateo Caballero
Represented By: Taylor Shantrell Brack
Represented By: Wyatt A. Honse
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Plaintiff: A. P.
Represented By: Damian Phillip Gallagher
Represented By: David A. Balme
Represented By: Lynnette Miner
Represented By: Pierce A. MacConaghy
Represented By: Sarah Helen Brim
Represented By: Ziwei Xiao
Represented By: Elizabeth Bixby
Represented By: Elizabeth Kristen
Represented By: Harrison J. Frahn, IV
Represented By: Kim Turner
Represented By: Mateo Caballero
Represented By: Taylor Shantrell Brack
Represented By: Wyatt A. Honse
Represented By: Jongwook Philip Kim
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