Livingston, et al v. Ballard, et al
| Ronald G. Livingston, Kitiya M. Shiroma, Hawaii Rifle Association, Michael J. Botello and Jacob Stewart |
| Susan Ballard, Clare E. Connors and City and County of Honolulu |
| 1:2019cv00157 |
| March 29, 2019 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on June 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 42 EO: The Court schedules a Status Conference re: Stay for 4/8/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 41 EO: In light of the Order Granting Motion to Stay Proceedings filed on 6/10/19, the Rule 16 Scheduling Conference set for 7/17/19 @ 9:00 a.m. is vacated. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
Filing 40
ORDER GRANTING MOTION TO STAY PROCEEDINGS, ECF NO. #27 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/10/2019. "For the foregoing reasons, the court GRANTS Defendant Connors' Motion to Stay Proceedings, ECF No. 27. This case is STAYED pending a final decision by the Ninth Circuit in Young v. Hawaii, 9th Cir. No. 12-17808. Further, because the court anticipates that a final decision in Young will not occur for at least a year, the court ADMINISTRATIVELY CLOSES this action. See, e.g., Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 127, 128 (3d Cir. 2004) (explaining that administrative closings comprise a familiar, albeit essentially ad hoc, way in which courts remove cases from their active files without making any final adjudication and are an administrative convenience which allows the removal of cases from the [docket] in appropriate situations[.]) (citations omitted). The closing of this case is solely an administrative matter and does not impact, in any manner, any party's rights or obligations, does not alter in any manner any previous rulings by the court, and does not require a filing fee to reopen the case. See Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005) (discussing administrative closures, stating that [a]n order administratively closing a case is a docket management tool that has no jurisdictional effect). The parties are also directed to file a notice with this court if any significant developments occur in that case or in the en banc proceedings in Young. The court will lift the administrative stay after a final decision in Young. IT IS SO ORDERED." (jo)
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Filing 39
FIRST STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 6/4/2019. (jo)
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| ADVISORY ENTRY: Please be advised that document #38 , filed by Jacob Stewart, Kitiya M. Shiroma, Michael J. Botello, Hawaii Rifle Association, Ronald G. Livingston, requires the Judge's signature. If the filing party has not already done so, please email the document in word format to the applicable chambers email address. The filing party may refer to LR100.8.1. Proposed Orders, LR100.8.2. E-mailing of Proposed Orders and Stipulations and LR100.8.3. E-mail addresses for order and stipulation submission to Chambers. (jo) |
| Filing 38 (Proposed) STIPULATION re #1 Complaint, Extending Time to Respond to Complaint by Michael J. Botello, Hawaii Rifle Association, Ronald G. Livingston, Kitiya M. Shiroma, Jacob Stewart. (Hochberg, Lloyd) Modified on 6/3/2019 (jo, ). |
| Filing 37 REPLY to Response to Motion re #27 MOTION to Stay Proceedings filed by Clare E. Connors. (Wadsworth, Clyde) |
| Filing 36 EO: Pursuant to Robert Kohn's request, and by agreement of the parties, the Rule 16 Scheduling Conference set for 6/3/19 @ 9:00 AM is continued to 7/17/2019 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 7/10/19. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 35 MEMORANDUM in Opposition re #27 MOTION to Stay Proceedings, #29 MOTION for Joinder re #27 MOTION to Stay Proceedings filed by Michael J. Botello, Hawaii Rifle Association, Ronald G. Livingston, Kitiya M. Shiroma, Jacob Stewart. (Attachments: #1 Certificate of Service COS for Opp to Motion to Stay)(Hochberg, Lloyd) |
| Filing 34 NOTICE of Appearance by Kaliko'onalani D. Fernandes on behalf of Clare E. Connors on behalf of Clare E. Connors. (Fernandes, Kaliko'onalani) |
| Filing 33 NOTICE of Appearance by Robert T. Nakatsuji on behalf of Clare E. Connors on behalf of Clare E. Connors. (Nakatsuji, Robert) |
| Filing 32 NOTICE of Appearance by Kendall J. Moser on behalf of Clare E. Connors on behalf of Clare E. Connors. (Moser, Kendall) |
| Filing 31 Amended MOTION for Joinder to Motion to Stay Proceedings Robert M. Kohn appearing for Defendants Susan Ballard, City and County of Honolulu (Kohn, Robert) |
| Filing 30 NOTICE of Appearance by Nicolette Winter on behalf of Susan Ballard, City and County of Honolulu on behalf of Susan Ballard, City and County of Honolulu. (Winter, Nicolette) |
| Filing 29 MOTION for Joinder re #27 MOTION to Stay Proceedings Robert M. Kohn appearing for Defendants Susan Ballard, City and County of Honolulu (Kohn, Robert) |
| Filing 28 EO: EO: On April 17, 2019, Defendant Connors filed a Motion to StayProceedings, ECF No. #27 . Plaintiffs and co-Defendants Ballard and the City & County of Honolulu may file Responses/Oppositions to the Motion to Stay Proceedings by May 2, 2019. Defendant Connors may file a corresponding Reply by May 9, 2019. After reviewing the briefing, the court will decide whether to schedule an oral hearing or decide the matter under Local Rule 7.2(d) without a hearing.Meanwhile, the court will HOLD IN ABEYANCE Plaintiffs' Motions for PreliminaryInjunction and for Judicial Notice, ECF Nos. #19 & #20 , pending a decision on the Motion to Stay Proceedings. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 27 MOTION to Stay Proceedings Clyde J. Wadsworth appearing for Defendant Clare E. Connors (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Clyde J. Wadsworth, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certificate of Service)(Wadsworth, Clyde) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Jacob Stewart, Kitiya M. Shiroma, Ronald G. Livingston, Hawaii Rifle Association, Michael J. Botello. Clare E. Connors waiver sent on 4/3/2019, answer due 6/3/2019. (Hochberg, Lloyd) |
| Filing 25 EO: Defendant Connors' Motion Under L.R. 40.2 to Reassign Case, ECF No. #23 , is DENIED. The Ex Parte Motion to Shorten Time for Hearing, ECF No. #24 , is therefore DENIED as moot. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 24 Ex Parte MOTION to Shorten Time to hear Motion re #23 MOTION to Reassign Case Clyde J. Wadsworth appearing for Defendant Clare E. Connors (Attachments: #1 Declaration of Clyde J. Wadsworth, #2 Exhibit A, #3 Certificate of Service)(Wadsworth, Clyde) |
| Filing 23 MOTION to Reassign Case Clyde J. Wadsworth appearing for Defendant Clare E. Connors (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Clyde J. Wadsworth, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Wadsworth, Clyde) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Defendant Susan Ballard Jacob Stewart, Kitiya M. Shiroma, Ronald G. Livingston, Hawaii Rifle Association, Michael J. Botello. Susan Ballard Waiver sent on 4/3/2019, answer due 6/3/2019. (Hochberg, Lloyd) Docket Text Modified on 4/11/2019 (jo) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Defendant City and County of Honolulu Jacob Stewart, Kitiya M. Shiroma, Ronald G. Livingston, Hawaii Rifle Association, Michael J. Botello. City and County of Honolulu Waiver sent on 4/3/2019, answer due 6/3/2019. (Hochberg, Lloyd) Docket Text Modified on 4/11/2019 (jo) |
| Filing 20 MOTION Take Judicial Notice of Exhibits re #19 MOTION for Preliminary Injunction Lloyd James Hochberg, Jr appearing for Plaintiffs Michael J. Botello, Hawaii Rifle Association, Ronald G. Livingston, Kitiya M. Shiroma, Jacob Stewart (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L)(Hochberg, Lloyd) Docket Text Modified on 4/11/2019 (jo) |
| Filing 19 MOTION for Preliminary Injunction Lloyd James Hochberg, Jr appearing for Plaintiffs Michael J. Botello, Hawaii Rifle Association, Ronald G. Livingston, Kitiya M. Shiroma, Jacob Stewart (Attachments: #1 Plaintiffs' Memorandum in Support of MPI, #2 Declaration of Harvey Gerwig , #3 Exhibit A, #4 Declaration of Michael Botello, #5 Exhibit B, #6 Declaration of Kitiya Shiroma, #7 Exhibit C, #8 Declaration of Ronald Livingston, #9 Exhibit D, #10 Declaration of Jacob Stewart, #11 Exhibit E, #12 Certificate of Service for MPI)(Hochberg, Lloyd) Docket Text Modified on 4/11/2019 (jo) |
| Filing 18 NOTICE of Case Reassignment: Please reflect new case number CV 19-00157 JMS-RT on all future pleadings . (emt, ) |
| Filing 17 EO: The Court directs the Clerks Office to reassign this case to a District Judge. Magistrate Judge Trader will remain as the Magistrate Judge on this case. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
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Filing 16
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MATTHEW D. CUBEIRO re: #8 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/2/2019. MATTHEW D. CUBEIRO, ESQ. (Law Firm: Michel & Associates, P.C.) added as attorney Pro Hac Vice for Plaintiffs Ronald G. Livingston, Michael J. Botello, Kitiya M. Shiroma, Jacob Stewart, and Hawaii Rifle Association (jo)
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Filing 15
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SEAN A. BRADY re: #7 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/2/2019. SEAN A. BRADY, ESQ. (Law Firm: Michel & Associates, P.C.) added as attorney Pro Hac Vice for Plaintiffs Ronald G. Livingston, Michael J. Botello, Kitiya M. Shiroma, Jacob Stewart, and Hawaii Rifle Association (jo)
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Filing 14
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to CARL D. MICHEL re: #6 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/2/2019. CARL D. MICHEL, ESQ. (Law Firm: Michel & Associates, P.C.) added as attorney Pro Hac Vice for Plaintiffs Ronald G. Livingston, Michael J. Botello, Kitiya M. Shiroma, Jacob Stewart, and Hawaii Rifle Association (jo)
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| Filing 13 NOTICE Of Assignment To United States Magistrate Judge. (Attachments: #1 Election Form - Consent To Jurisdiction By United States Magistrate Judge)(cib) |
| Filing 12 CIVIL Waiver of Service Packet. (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib) |
| Filing 11 Summons Issued as to Susan Ballard, City and County of Honolulu, Clare E. Connors. (Attachments: #1 Issued Summons City and County of Honolulu, #2 Issued Summons to Clare E. Connors)(cib) |
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Filing 10
Order Setting Rule 16 Scheduling Conference is set for 9:00AM on 6/3/2019 before MAGISTRATE JUDGE ROM TRADER. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/29/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) 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.
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| Filing 9 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00157-RT on all further pleadings. (cib) |
| Filing 8 MOTION for Pro Hac Vice Matt Cubeiro Filing fee $ 300, receipt number 0975-2178285.Lloyd James Hochberg, Jr appearing for Plaintiffs Hawaii Rifle Association, Ronald G. Livingston (Hochberg, Lloyd) |
| Filing 7 MOTION for Pro Hac Vice Sean Brady Filing fee $ 300, receipt number 0975-2178279.Lloyd James Hochberg, Jr appearing for Plaintiffs Hawaii Rifle Association, Ronald G. Livingston (Hochberg, Lloyd) |
| Filing 6 MOTION for Pro Hac Vice Carl Michel, Esq. Filing fee $ 300, receipt number 0975-2178247.Lloyd James Hochberg, Jr appearing for Plaintiffs Hawaii Rifle Association, Ronald G. Livingston (Hochberg, Lloyd) |
| Filing 5 Corporate Disclosure Statement by Hawaii Rifle Association identifying Corporate Parent Hawaii Rifle Association for Hawaii Rifle Association.. (Hochberg, Lloyd) |
| Filing 4 Summons (Proposed) (Hochberg, Lloyd) |
| Filing 3 Summons (Proposed) (Hochberg, Lloyd) |
| Filing 2 Summons (Proposed) (Hochberg, Lloyd) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0975-2178163.), filed by ALL PLAINTIFFS (Attachments: #1 Civil Cover Sheet)(Hochberg, Lloyd) Modified filer on 3/29/2019 (cib). |
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