Demoruelle v. Bernhardt et al
| Sandra L. Demoruelle |
| David Bernhardt, Allan G. Simeon, William A. Kucharski and Gregory Goodale |
| 1:2019cv00269 |
| May 29, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Environmental Matters |
| 16 U.S.C. § 1538 |
| None |
Docket Report
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| Filing 57 EO: Hearing on #43 Defendants Kucharski, Goodale, and Simeon's Motion to Dismiss Hearing currently set for 8/23/2019 at 11:00 AM is CONTINUED to 2:30 PM on the SAME DAY in Aha Kanawai before JUDGE JILL A. OTAKE. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 56 EP: Rule 16 Scheduling Conference - Discussion held re: the pending motion for preliminary injunction and the motion to dismiss set for hearing on 8/23/19 before Judge Otake.Court advises Ms. Demoruelle that she must comply with all deadlines and follow all procedures.The Rule 16 Scheduling Conference is continued to 9/27/19 @ 9:00 a.m. by agreement of the parties. Parties may appear by telephone.Parties may file supplements to their Rule 16 Scheduling Conference statements re: rulings by Judge Otake if appropriate, but it is not required. Rule 16 Scheduling Conference is set for 09:00AM on 9/27/2019 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 55 EO: On July 22, 2019, the Court received Defendants' counsel Devin Kaena Horowitz's letter request to appear by telephone to the hearing on #43 Defendants' Motion to Dismiss scheduled for August 23, 2019. The request is denied. (JUDGE JILL A. OTAKE)(tl, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 54 EO: Sandra Demoruelle is allowed to participate by telephone at the Rule 16 Scheduling Conference set for 7/29/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 53 OPPOSITION to #43 Defendants' Second MOTION to Dismiss With Memorandum of Law - filed by Sandra L. Demoruelle. (Attachments: #1 Certificate of Compliance With Word Limitations, #2 Plaintiff's Second Declaration in Lieu of Affidavit, #3 Certificate of Service, #4 Mailing Documentation) (emt, ) |
| Filing 52 STATEMENT Defendants Kucharski, Goodale, and Simeon's Rule 16 Scheduling Conference Statement filed by Gregory Goodale, William A. Kucharski, Allan G. Simeon. (Attachments: #1 Certificate of Service)(Horowitz, Devin) |
| Filing 51 SUMMONS Returned Executed by Sandra L. Demoruelle. Allan G. Simeon served on 7/10/2019. (emt, ) |
| Filing 50 EO: On 7/15/19, Plaintiff Sandra L. Demoruelle filed a "Motion to Compel Defendants' [sic] Due Notice and Service by U.S. Mail" ("Motion") (ECF No. 45) and requested sanctions against Defendants for serving Plaintiff through CM/ECF instead of by U.S. Mail. Plaintiff claims that Defendants have the wrong email address. On 7/16/19, D. Kaena Horowitz, attorney for Defendants, filed a Declaration in Opposition to Plaintiff's Motion to Compel Defendants' Due Notice and Service by U.S. Mail ("Declaration") (ECF No. 47). In his declaration, Defendants' counsel states that all documents filed by the Defendants have been served on Plaintiff by U.S. Mail. As evidence, Defendants attached transmittal letters for each document filed showing that the letter was sent to Plaintiff's P.O. Box address. The Court elects to decide the Motion without a hearing pursuant to LR 7.2(d). The Court will note that the corresponding certificates of service filed with each of Defendants' filings (ECF Nos. 30-2; 43-8;19-1; 35-1) indicate in bold and underlined text that service was made electronically, even though Plaintiff's P.O. Box address is also listed. This may have led to some confusion. Nevertheless, the Declaration and transmittal letters (ECF Nos. 47-1 to 47-3) indicate that Plaintiff was served the filed documents via U.S. Mail to her P.O. Box address. Accordingly, the Court, having carefully reviewed the Motion, Declaration, records in this case, and applicable law, DENIES the Motion. denying #45 Motion to Compel. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 49 EO: Kaena Horowitz is allowed to participate by telephone at the Motion to Compel set for 8/29/19 @ 9:30 AM. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 48 NOTICE of Hearing on Motion #45 MOTION to Compel : Motion Hearing is set for 8/29/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 47 Declaration re #45 MOTION to Compel Declaration of D. Kaena Horowitz in Opposition to Plaintiff's Motion to Compel Defendants Due Notice and Service by U.S. Mail #45 ; Exhibits A-C; Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Horowitz, Devin) |
| Filing 44 NOTICE OF HEARING ON MOTION: #43 Defendants Kucharski, Goodale, and Simeon's Motion to Dismiss Hearing is set for 08/23/2019 at 11:00 a.m. in Aha Kanawai before JUDGE JILL A. OTAKE. The briefing schedule for this Motion shall be governed by the Local Rules.(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 46 Plaintiff's Rule 16 Scheduling Conference Statement; Certificate of Service - by Sandra Demoruelle. (emt, ) |
| Filing 45 Plaintiff's MOTION to Compel Defendants' Due Notice and Service by U.S. Mail; Certificate of Service - by Plaintiff Sandra L. Demoruelle. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 43 MOTION to Dismiss Defendants Kucharski, Goodale, and Simeon's Motion to Dismiss Devin K. Horowitz appearing for Defendants Gregory Goodale, William A. Kucharski, Allan G. Simeon (Attachments: #1 Declaration D. Kaena Horowitz, #2 Declaration William Kucharski, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Certificate of Service)(Horowitz, Devin) |
| Filing 42 [CERTIFICATE OF SERVICE by Sandra L. Demoruelle] Summons Returned Executed by Sandra L. Demoruelle. Diana Mellon-Lacey, Deputy Corporation Counsel served on 6/26/2019. Note: Diana Mellon-Lacey is not identified as a defendant in the Complaint. (emt, ) |
| Filing 41 SUMMONS Returned Executed by Sandra L. Demoruelle. Gregory Goodale served on 6/27/2019. (emt, ) |
| Filing 40 SUMMONS Returned Executed by Sandra L. Demoruelle. William A. Kucharski served on 6/26/2019. (emt, ) |
| Filing 39 Summons Returned Unexecuted by Sandra L. Demoruelle as to Allan G. Simeon. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 38 EO: On 6/24/19, pro se Plaintiff Sandra Demoruelle filed a (1) #33 Declaration in Lieu of Affidavit of Plaintiff, Sandra L. Demoruelle, in Opposition to Defendants' Motion to Dismiss and (2) an #34 Opposition to Defendants' Motion to Dismiss. Plaintiff appears to believe she has complied with Federal Rule of Civil Procedure 4 because another individual mailed the Complaint and summons to Defendants. The Court issued an Order Denying Without Prejudice Defendants' FRCP 12(b)(5) Motion to Dismiss on 6/20/19. ECF No. 32. In the order, the Court directed Plaintiff to comply with the federal and Hawai'i rules concerning proper service upon Defendants and explained that proper service requires personal service, not service by mail. Id. at 3-4. Plaintiff is again reminded that she must comply with all applicable rules governing service and that her failure to do so may result in the dismissal of this action.(JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 37 Summons Issued as to William A. Kucharski. (emt, ) |
| Filing 35 NOTICE of Appearance by Laureen L. Martin on behalf of Gregory Goodale, William A. Kucharski, Allan G. Simeon on behalf of Gregory Goodale, William A. Kucharski, Allan G. Simeon. (Attachments: #1 Certificate of Service)(Martin, Laureen) |
| Filing 36 (Proposed) Summons as to William A. Kucharski. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 34 OPPOSITION to #30 Defendants' MOTION to Dismiss; Memorandum of Law - filed by Sandra L. Demoruelle. Note: The Declaration of Sandra Demoruelle, Proof of Return of Process Service and Certificate of Service referenced in the caption, were filed separately, see ECF No. #33 . (emt, ) |
| Filing 33 Declaration in Lieu of Affidavit of Plaintiff, Sandra L. Demoruelle, in Opposition to #30 Defendants' Motion to Dismiss - by Sandara Demoruelle. (Attachments: #1 Proof of Service as to Joseph K. Kamelamela, Corporation Counsel, #2 Proof of Service as to DEM Director William A. Kucharski, #3 Proof of Service as to DPW Deputy Director Allan G. Simeon, P.E., #4 Proof of Service as to DEM-SW Div. Chief Gregory Goodale, #5 Proof of Service as to United States Attorney, District of Hawaii, #6 Proof of Service as to David Bernhardt, Secretary, Dept. of the Interior, #7 Proof of Service as to Attorney General William Barr, #8 Certificate of Service, #9 Mailing Documentation) (emt, ) |
Filing 32
ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' FRCP 12(b)(5) MOTION TO DISMISS re #30 - Signed by JUDGE JILL A. OTAKE on 6/20/2019. In accordance with the foregoing, the Court DENIES WITHOUT PREJUDICE Defendants' FRCP 12(b)(5) Motion to Dismiss, filed June 19, 2019. The July 19, 2019 hearing on Plaintiff's Motion for Preliminary Injunction is HEREBY VACATED. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of the #32 ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' FRCP 12(b)(5) MOTION TO DISMISS shall be served by First Class Mail to Sandra L. Demoruelle at the address of record on June 21, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 31 EO: The parties have informed the Court about a conflict in Hilo that will preclude their personal attendance at the 7/19/19 hearing on Plaintiff's Motion for Preliminary Injunction. The Court continues the hearing from 9:30 a.m. to 10:30 a.m. and authorizes Plaintiff and defense counsel to appear telephonically at the hearing. Plaintiff and defense counsel shall provide the courtroom manager [808 541-3085] with the telephone numbers at which they wish to be contacted.(JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 30 MOTION to Dismiss Defendants Kurcharski, Goodale, and Simeon's FRCP 12(b)(5) Motion to Dismiss Devin K. Horowitz appearing for Defendants Gregory Goodale, William A. Kucharski, Allan G. Simeon (Attachments: #1 Declaration D. Kaena Horowitz, #2 Certificate of Service)(Horowitz, Devin) |
| Filing 22 NOTICE of Hearing on Motion #10 Plaintiff's Motion for Preliminary Injunction:Motion Hearing is set for 7/19/2019 at 9:30 AM in Aha Kanawai before JUDGE JILL A. OTAKE. (shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 29 SUMMONS Returned Executed by Sandra L. Demoruelle. Allan G. Simeon served. (emt, ) |
| Filing 28 SUMMONS Returned Executed by Sandra L. Demoruelle. Attorney General William Barr served. (emt, ) |
| Filing 27 SUMMONS Returned Executed by Sandra L. Demoruelle. William A. Kucharski served. (emt, ) |
| Filing 26 SUMMONS Returned Executed by Sandra L. Demoruelle. Gregory Goodale served. (emt, ) |
| Filing 25 SUMMONS Returned Executed by Sandra L. Demoruelle. Joseph K. Kamelamela, Corporation Counsel served. (emt, ) |
| Filing 24 SUMMONS Returned Executed by Sandra L. Demoruelle. David Bernhardt served. (emt, ) |
| Filing 23 SUMMONS Returned Executed by Sandra L. Demoruelle. United States Attorney, District of Hawaii served. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 21 NOTICE of Dismissal; Certificate of Service by Sandra L. Demoruelle. Defendant David Bernhardt is dismissed pursuant to FRCP Rule 41(a)(1)(A)(i). All other parties remain. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 20 EO: Deven Horowitz is allowed to appear by telephone at the Rule 16 Scheduling Conference set for 7/29/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 19 NOTICE of Appearance by Devin K. Horowitz on behalf of Gregory Goodale, William A. Kucharski, Allan G. Simeon on behalf of Gregory Goodale, William A. Kucharski, Allan G. Simeon. (Attachments: #1 Certificate of Service)(Horowitz, Devin) |
| Filing 18 EO: On 5/29/19, pro se Plaintiff Sandra Lee Demoruelle ("Plaintiff") commenced this action and filed a #10 Motion for Preliminary Injunction ("MPI") and a #12 Motion for Summary Judgment ("MSJ"). The Court declines to take action on the MPI until Plaintiff files a proof of service demonstrating that Defendants were served with the Complaint and Summons in conformance with Rule 4 of the Federal Rules of Civil Procedure ("FRCP"). However, the MSJ is DENIED without prejudice as premature. Plaintiff should consult the FRCP and the Local Rules of Practice for the United States District Court for the District of Hawaii before filing any motions and is reminded of her obligation to comply with the same. Local Rule 83.13. (JUDGE JILL A. OTAKE)(shm)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 17 CERTIFICATE OF SERVICE re #10 , #11 , #12 , #13 , #14 , #15 , #16 - by Sandra L. Demoruelle. (emt, ) |
| Filing 16 DECLARATION in Lieu of Affidavit of Joseph Demoruelle re #12 . (emt, ) |
| Filing 15 Plaintiff's DECLARATION in Lieu of Affidavit re #12 - by Sandra L. Demoruelle. (emt, ) |
| Filing 14 Plaintiff's CONCISE STATEMENT of Facts re #12 - filed by Sandra L. Demoruelle. (Attachments: #1 Certificate of Compliance With Word Limitations) (emt, ) |
| Filing 13 MEMORANDUM of Law in Support of #12 Plaintiff's MOTION for Summary Judgment - filed by Sandra L. Demoruelle. (Attachments: #1 Certificate of Compliance With Word Limitations) (emt, ) |
| Filing 12 Plaintiff's MOTION for Summary Judgment - by Plaintiff Sandra L. Demoruelle. (Attachments: #1 Table of Exhibits, #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 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U) (emt, ) Modified on 5/30/2019: The Memorandum of Law, Concise Statement of Facts, Declarations in Lieu of Affidavits and Certificate of Service referenced in the caption were filed as separate docket entries. (emt, ). |
| Filing 11 MEMORANDUM of Law in Support of #10 Plaintiff's MOTION for Preliminary Injunction - filed by Sandra L. Demoruelle. (Attachments: #1 Certificate of Compliance With Word Limitations) (emt, ) |
| Filing 10 Plaintiff's MOTION for Preliminary Injunction - by Plaintiff Sandra L. Demoruelle. (emt, ) Modified on 5/30/2019 : The Memorandum of Law and Certificate of Service referenced in the caption were filed as separate docket entries. (emt, ). |
| Filing 9 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, ) |
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Filing 8
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 7/29/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/29/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Clerk's Office Intake Staff will mail a copy of the order to Plaintiff Sandra L. Demoruelle on May 30, 2019.
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| Filing 7 Summons Issued as to Allan G. Simeon. (emt, ) |
| Filing 6 Summons Issued as to Gregory Goodale. (emt, ) |
| Filing 5 Summons Issued as to William A. Kucharski. (emt, ) |
| Filing 4 Summons Issued as to David Bernhardt. (emt, ) |
| Filing 3 Filing fee: $ 400, receipt number HI026515 re #1 Complaint. (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Sandra L. Demoruelle. (emt, ) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants - filed by Sandra L. Demoruelle. (Attachments: #1 Mailing Documentation) (emt, ) |
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