Winterbottom v. Underriner et al
| Glen M. Winterbottom |
| Catherine A. Kortzeborn and David T. Underriner |
| 1:2019cv00364 |
| July 9, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
Docket Report
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| Document Text |
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| Filing 19 Letter from Plaintiff Glen M. Winterbottom, Re: Response to ECF No. 16 Minute Order, dated September 4, 2019. (emt, ) |
| Filing 18 EO: The Court is in receipt of Plaintiff's letter dated 9/4/19. Pursuant to Local Rule 81.1(f), "[s]elf-represented litigants must not informally communicate with the presiding judge or chambers staff by letter, telephone, or electronic means." If Plaintiff requests action by the Court, such a request "must be brought by motion subject to response by the opposing party." Id. Because Plaintiff's stated concerns would not ordinarily be the subject of a motion nor provide a basis for relief, the Court declines to construe the ex parte communication as a motion. Id. ("The court may, in its discretion, construe written ex parte requests as motions that shall be docketed and treated as such by all parties."). (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 NOTICE of Appearance by Daniel Jonathan Cheng on behalf of David T. Underriner on behalf of David T. Underriner. (Attachments: #1 Certificate of Service)(Cheng, Daniel) |
| Filing 16 EO:On 8/28/19 Plaintiff filed a #15 Motion for Summary Judgment on All Claims. The Court DENIES the Motion without prejudice as premature. Defendant Catherine Kortzeborn has yet to appear. The Court will not entertain a motion for summary judgment without providing the non-moving parties with an opportunity to respond. Moreover, Defendant David Underriner's pending Motion to Dismiss in part challenges Plaintiff's standing, which must be resolved before the Court will consider Plaintiff's entitlement to relief. Plaintiff should consult the federal rules 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 his 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 15 Plaintiff's MOTION for Summary Judgement on All Claims; Certificate of Service - by Plaintiff Glen M. Winterbottom. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 14 PROOF OF SERVICE OF PROCESS BY MAIL (with original receipts and return cards attached) - by Glen M. Winterbottom. Catherine A. Kortzeborn, Deputy Region 9 Administrator served on 7/22/2019 and William P. Barr, Attorney General served on 7/3/2019. (emt, ) |
| Filing 13 PROOF OF SERVICE OF PROCESS - SUMMONS Returned Executed by Glen M. Winterbottom. David T. Underriner served on 7/18/2019; Kenji M. Price, U.S. Attorney for the District of Hawaii served 7/18/2019. (emt, ) |
| Filing 12 MEMORANDUM in Opposition to #6 Defendant David T. Underriner's MOTION to Dismiss; Certificate of Service - filed by Glen M. Winterbottom. (emt, ) |
| Filing 11 EO: Based on Pro Se Plaintiff and defense counsel's request and agreement, the Rule 16 Scheduling Conference set for 9/3/2019 is CONTINUED to 9/30/2019 at 9:45AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Any party who would like to appear by telephone shall inform Judge Porter's Courtroom Manager (808-541-3087) of the telephone number at which they can be reached for the Rule 16 Scheduling Conference no later than 8/21/2019. (MAGISTRATE JUDGE WES REBER PORTER)(mrf)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 9 EO: The briefing schedule for #6 Defendant David T. Underriner, in his Official Capacity as President of Kaiser Foundation Health Plan and Hospitals of Hawaii's Motion to Dismiss Complaint #1 , Filed July 9, 2019, is as follows: Plaintiff's opposition is due on 8/26/19, Defendant Underriner's reply is due on 9/9/19. If, after receiving the briefing, the Court determines that a hearing is needed, the parties will be notified. (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 8 Corporate Disclosure Statement by David T. Underriner. (Attachments: #1 Certificate of Service)(Brookins, Dianne) |
| Filing 7 Corporate Disclosure Statement by David T. Underriner. (Attachments: #1 Certificate of Service)(Brookins, Dianne) |
| Filing 6 MOTION to Dismiss Defendant David T. Underriner, In His Official Capacity as President of Kaiser Foundation Health Plan and Hospitals of Hawaii's Motion to Dismiss Complaint #1 , Filed July 9, 2019 Dianne W. Brookins appearing for Defendant David T. Underriner (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Brookins, Dianne) |
| Filing 5 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, ) |
Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 9/3/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/9/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Clerk's Office Intake Staff served a copy of the order by First Class Mail to Plaintiff Glen M. Winterbottom at the address of record listed on the Notice of Electronic Filing (NEF) on July 10, 2019.
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| Filing 3 Filing fee: $ 400, receipt number HI026851 re #1 Complaint. (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Glen M. Winterbottom. (emt, ) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants - filed by Glen M. Winterbottom. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summons (issued), #4 Mailing Documentation) (emt, ) Modified on 7/11/2019: receipt #: $ 400, receipt number HI026851. (emt, ). |
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