Kaaumoana v. Brennan et al
| Roberta L. Kaaumoana and Lela M. |
| Felix Bagoyo and Megan J. Brennan |
| 1:2019cv00294 |
| June 10, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e |
| None |
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Filing 6
Order Granting #5 Motion to Continue Rule 16 Scheduling Conference: On June 10, 2019, Plaintiff Roberta L. Kaaumoana filed a #1 Complaint for Employment Discrimination against Megan J. Brennan, Postmaster General for the United States Postal Service and Felix Bagoyo (collectively, "Defendants"). The district court set the Rule 16 Scheduling Conference for 8/5/2019. See ECF No. 3. On July 25, 2019, Plaintiff requested continuance of the Rule 16 Scheduling Conference. See ECF No. 5. Defendants have not appeared in this action as it does not appear that Plaintiff has served Defendants. The Court thus GRANTS #5 Plaintiff's motion to continue the Rule 16 Scheduling Conference. The Court sets the Rule 16 Scheduling Conference for 9:30 a.m. on 09/10/19 in Courtroom 6 before Magistrate Judge Kenneth J. Mansfield. Plaintiff must timely serve Defendants in accordance with the Federal Rule of Civil Procedure. Although the Court understands that Plaintiff is proceeding pro se, Plaintiff must abide by all local, federal, and other applicable rules/and or statutes. LR83.13. The Court encourages Plaintiff to familiarize herself with the rules of this Court. Resources can be found on the United States District Court, District of Hawaii website. See https://www.hid.uscourts.gov/forms/Pro_Se_Handbook_2013_12.pdfIn addition, the Court notes that Plaintiff has requested counsel in her Complaint. ECF 1 at 18. Any requests for a court order, however, must be made by motion. See Fed. R. Civ. P. 7(b). The Court will thus, take no action regarding Plaintiff's request for counsel made in her Complaint. The Court also advises Plaintiff that although she may request counsel, there is no constitutional right to counsel in a civil case where a litigant's liberty itself is not at issue. See Lassiter v. Dep't of Soc. Serv., 452 U.S. 18, 25 (1981). The court may only request counsel to appear pro bono on a plaintiff's behalf. 28 U.S.C. 1915(e)(1)); Mallard v. Dist. Court, 490 U.S. 296 (1989). The decision to appoint such counsel is, however, within "'the sound discretion of the trial court and is granted only in exceptional circumstances.'" Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (quoting Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984)). Exceptional circumstances do not exist simply because a plaintiff "might fare better if represented by counsel, particularly in more complex areas such as discovery and the securing of expert testimony." Poulson v. Budd, CV 14-00043 H-DLC-JTJ, 2016 WL 715727, at *1 (D. Mont. Feb. 22, 2016). Circumstances common to most pro se litigants such as a lack of legal education do not establish exceptional circumstances. See Kealoha v. Halawa Corr. Facility Staff/Admin., Civil No. 06-00528 HG-KSC, 2006 WL 2989260, at *3 (D. Haw. Oct. 18, 2006) ("Most, if not all, pro se litigants can claim the lack of a legal education and this does not support the extraordinary circumstances necessary for the appointment of counsel."). Accordingly, any motions requesting counsel must specify the exceptional circumstances weighing in favor of appointment of counsel. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 07/26/2019. (mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 5 MOTION to Continue Rule 16 Scheduling Conference - by Plaintiff Roberta L. Kaaumoana. (Attachments: #1 copy of Complaint filed June 10, 2019, #2 Mailing Documentation) (emt, ) |
| Filing 4 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 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 8/5/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/10/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Clerk's Office Intake Staff mailed a copy of the order to Plaintiff Roberta L. Kaaumoana at the address of record on June 12, 2019.
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| Filing 2 Filing fee: $ 400, receipt number HI026630 re #1 Complaint. (emt, ) |
| Filing 1 COMPLAINT FOR EMPLOYMENT DISCRIMINATION against All Defendants - filed by Roberta L. Kaaumoana. (Attachments: #1 Mailing Documentation) (emt, ) |
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