Ake v. City and County of Honolulu et al
Plaintiff: Julie M. Ake
Defendant: John and Mary Does 1-10, Other Entities 1-10, Lynn H. Park, Randall Miki Oyama, Keith M. Kaneshiro, City and County of Honolulu, Doe Corporations 1-10, Doe Partnerships 1-10, Department of the Prosecuting Attorney City and County of Honolulu and State of Hawaii
Case Number: 1:2019cv00308
Filed: June 13, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: DERRICK K WATSON
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2019 Filing 16 ACKNOWLEDGEMENT of Receipt by the Circuit Court of the First Circuit, State of Hawaii re #14 STIPULATION AND ORDER TO REMAND CASE TO STATE COURT AND TO WITHDRAW DEFENDANT STATE OF HAWAII'S MOTION TO DISMISS PLAINTIFF JULIE M. AKE'S CLAIMS AGAINST DEFENDANT STATE OF HAWAII WITHOUT PREJUDICE. (emt, )
July 3, 2019 Filing 15 Transmittal Letter from the Clerk's Office to the Circuit Court of the First Circuit, State of Hawaii re #14 STIPULATION AND ORDER TO REMAND CASE TO STATE COURT AND TO WITHDRAW DEFENDANT STATE OF HAWAII'S MOTION TO DISMISS PLAINTIFF JULIE M. AKE'S CLAIMS AGAINST DEFENDANT STATE OF HAWAII WITHOUT PREJUDICE, dated July 3, 2019. (emt, )
July 3, 2019 Opinion or Order Filing 14 STIPULATION AND ORDER TO REMAND CASE TO STATE COURT AND TO WITHDRAW DEFENDANT STATE OF HAWAII'S MOTION TO DISMISS PLAINTIFF JULIE M. AKE'S CLAIMS AGAINST DEFENDANT STATE OF HAWAII WITHOUT PREJUDICE re #9 , #10 - Signed by JUDGE DERRICK K. WATSON on 7/3/2019. Plaintiff is not asserting any federal claims in this lawsuit and will not assert any federal claims in this lawsuit going forward and therefore the case must be remanded to State court; and The State's Motion to Dismiss is withdrawn without prejudice; and The State will have ten (10) days, from the date this action is remanded to the First Circuit Court, to respond to the First Amended Complaint. (emt, )
June 26, 2019 Filing 13 NOTICE of Hearing on Motion. A Hearing on #9 Plaintiff's Motion to Remand to State Court is set for 8/13/2019 at 2:00 PM in Courtroom 7 before Magistrate Judge Wes Reber Porter. The Court DIRECTS briefing as follows: opposition shall be filed no later than 7/12/2019; reply shall be filed no later than 7/31/2019. (agh)
June 26, 2019 Filing 12 EO: In light of #9 Plaintiff Julie M. Ake's Motion For Order Remanding Action To State Court, briefing is STAYED on #10 Defendant State of Hawaii's Motion To Dismiss Plaintiff Julie M. Ake's Claims Against Defendant State of Hawaii pending resolution of Plaintiff's Motion For Order Remanding Action To State Court. (JUDGE DERRICK K. WATSON)(tyk)
June 26, 2019 Filing 11 Declaration re #10 MOTION to Dismiss for failure to State a Claim Defendant State of Hawaiis Motion to Dismiss Plaintiff Julie M. Akes Claims Against Defendant State of Hawaii Defendant State of Hawaiis Submission of Declaration of Marlene P. Mier With Scanned Image of Signature. (Attachments: #1 Declaration of Marlene P. Mier, #2 Certificate of Service)(Matsumiya, David)
June 26, 2019 ADVISORY ENTRY. Please be advised that the Declaration of Marlene P. Mier, submitted in support of docket number #10 MOTION to Dismiss filed by State of Hawaii, does not contain a scanned image of the signature. The filing party may refer to LR100.5.2., which states "An electronically filed document requiring the original, wet signature of an individual other than the CM/ECF user, such as an affidavit or declaration, must contain the original or a scanned image of that individual's signature." The declaration may be resubmitted to include the scanned image of Ms. Mier's signature. For e-filing purposes, select the filing event "Declaration" from the "Other Documents" filing category. When prompted, please "link" the declaration to the Motion to Dismiss, ECF No. #10 . (emt, )
June 25, 2019 Filing 10 MOTION to Dismiss for failure to State a Claim Defendant State of Hawaiis Motion to Dismiss Plaintiff Julie M. Akes Claims Against Defendant State of Hawaii David N. Matsumiya appearing for Defendant State of Hawaii (Attachments: #1 Memorandum, #2 Declaration of David N. Matsumiya, #3 Declaration of Marlene P. Mier, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Certificate of Service)(Matsumiya, David)
June 24, 2019 Filing 9 MOTION to Remand to State Court William Fenton Sink appearing for Plaintiff Julie M. Ake (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Sink, William)
June 21, 2019 Filing 8 CERTIFICATE OF SERVICE by City and County of Honolulu re #7 Memorandum in Support of Amended Notice of Removal (Stanley, Audrey)
June 21, 2019 Filing 7 MEMORANDUM in Support of #5 Amended Notice of Removal filed by City and County of Honolulu. (Attachments: #1 Declaration of Counsel, #2 Exhibit A)(Stanley, Audrey) Modified on 6/24/2019 (emt, ).
June 19, 2019 Filing 6 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii; CV 19-1-0730-05 BIA. (Attachments: #1 Circuit Court Clerk's Certificate, #2 Computerized Index, #3 Civil Information Sheet, #4 Complaint; Summons, #5 Return and Acknowledgment of Service (re Department of the Prosecuting Attorney), #6 Return and Acknowledgement of Service (re City and County of Honolulu), #7 Notice of Removal; Exhibit A; Certificate of Service, #8 Amended Notice of Removal; Exhibit A; Certificate of Service) (emt, )
June 14, 2019 Filing 5 [AMENDED COMPLAINT] Amended Defendant-Petitioner City and County of Honolulu's NOTICE OF REMOVAL of Civil Action Under 28 U.S.C. 1441(a) against Julie M. Ake, filed by City and County of Honolulu. (Attachments: #1 Declaration, #2 Exhibit A-Complaint, #3 Exhibit B-Amended Complaint, #4 Exhibit C-Non-Criminal Case Info, #5 Certificate of Service)(Stanley, Audrey) Modified on 6/17/2019 (emt, ).
June 14, 2019 Filing 4 EO: The Rule 16 Scheduling Conference set for 07/15/2019 is CONTINUED to 8/19/2019 at 09:00AM in Chambers of MAGISTRATE JUDGE WES REBER PORTER before MAGISTRATE JUDGE WES REBER PORTER. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
June 13, 2019 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference for 09:00 AM on 7/15/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/13/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jo)
June 13, 2019 Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 19-00308 DKW-WRP on all further pleadings. (jo)
June 13, 2019 Filing 1 NOTICE OF REMOVAL by City and County of Honolulu from First Circuit Court, State of Hawaii, case number 19-1-0730-05 BIA. ( Filing fee $ 400 receipt number 0975-2216636), filed by City and County of Honolulu. (Attachments: #1 Declaration of Counsel , #2 Exhibit A (Complaint; CV 19-1-0730-05 BIA) , #3 Exhibit B (First Amended Complaint; CV 19-1-0730-05 BIA) , #4 Exhibit C , #5 Certificate of Service)(Stanley, Audrey) Modified on 6/17/2019 (emt, ).

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Defendant: John and Mary Does 1-10
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Defendant: Other Entities 1-10
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Defendant: Lynn H. Park
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Defendant: Randall Miki Oyama
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Defendant: Keith M. Kaneshiro
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Defendant: City and County of Honolulu
Represented By: Audrey L.E. Stanley
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Defendant: Doe Corporations 1-10
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Defendant: Doe Partnerships 1-10
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Defendant: Department of the Prosecuting Attorney City and County of Honolulu
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Defendant: State of Hawaii
Represented By: David N. Matsumiya
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Plaintiff: Julie M. Ake
Represented By: William Fenton Sink
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