Chang v. Rehabilitation Hospital of the Pacific (The)
Plaintiff: Jason C. Chang
Defendant: Rehabilitation Hospital of the Pacific (The), Stephen M. Oishi, Timothy J. Roe, Doe Entities 1-10 and Jane and/or John Does 1-25
Case Number: 1:2019cv00383
Filed: July 16, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1391
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Filing 37 SEALED DEFENDANTS REHABILITATION HOSPITAL OF THE PACIFIC, TIMOTHY J. ROE, M.D. and STEPHEN M. OISHI, M.D.'s STATEMENT OF REDACTIONS re ECF #36 - filed by Rehabilitation Hospital of the Pacific (The) (jo)
August 5, 2019 Filing 36 TRANSCRIPT of Proceedings M/PRELIMINARY INJUNCTION held on 7/29/19, before Judge J. MICHAEL SEABRIGHT. Court Reporter - Cynthia Fazio, Telephone number - (808)541-2063, Email Address - cf@hid.uscourts.gov. PP. - 27 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 8/23/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/31/2019. (Main Document 36 replaced on 8/22/2019) (cf@, hid.uscourts.gov). (Main Document 36 replaced on 8/22/2019) (cf@, hid.uscourts.gov). (Additional attachment(s) added on 8/22/2019: #1 Transcript) (cf@, hid.uscourts.gov).
August 5, 2019 Filing 35 STIPULATION TO DISMISS WITH PREJUDICE by Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/5/2019. This action is dismissed with prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. There are no remaining parties or claims. (jo)
August 2, 2019 Filing 34 REDACTION Statement of Facts In Support of Defendants' Opposition to Plaintiff's Motion For Preliminary Injunction, by Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe. SEALED version filed at ECF #26 (Attachments: #1 Redacted Statement of Facts, #2 Certificate of Service)(Elento-Sneed, Anna) Docket Text/Link Modified on 8/5/2019 (jo)
August 2, 2019 Filing 33 REDACTION Exhibit 1 to #3 Plaintiff's Motion for Preliminary Injunction [ECF No. 3-2] by Jason C. Chang. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Seitz, Eric) Modified to link document on 8/5/2019 (jo)
July 31, 2019 Filing 32 EO: Plaintiff Jason C. Chang is directed to file a redacted version of ECF No. 3-2 redacting the names of the two employees that brought allegations against Plaintiff. The names are redacted for the same reasons given by the court in its July 26, 2019 Order, ECF No. 24 . Plaintiff is directed to file the redacted version of ECF No. 3-2 by Friday, August 2, 2019. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
July 31, 2019 Opinion or Order Filing 31 AMENDED ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION, ECF NO. #3 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/31/2019. (jo)
July 31, 2019 Filing 30 EP: Status conference held.Discussion held.Court to file an Amended Order. (Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
July 31, 2019 Filing 29 EO: Pursuant to Defendant's request, Status Conference is set for 07/31/2019 at 02:15 PM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
July 30, 2019 Opinion or Order Filing 28 ** Amended Order Filed at ECF #31 ** SEALED ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION, ECF NO. #3 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/30/2019. Modified on 7/31/2019 to seal document (jo)
July 29, 2019 Filing 27 EP: Hearing on #3 Motion for Preliminary Injunction held.Plaintiff Jason C. Chang, M.D., present.Oral arguments heard. #3 Motion for Preliminary Injunction - Court to issue a written order by 07/30/2019 at 4:00 p.m. No information will be reported to the National Practitioners Data Bank by Defendant before 4:00 p.m. on 07/30/2019. (Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
July 26, 2019 Filing 26 SEALED Defendants Rehabilitation Hospital of the Pacific, Timothy J. Roe, and Stephen M. Oishi's Statement of Facts in Support of #21 Opposition to Plaintiff's Motion for Preliminary Injunction filed by Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe (Attachments: #1 Declaration of Lori Yoshioka, #2 Declaration Wendy Manuel, #3 Declaration Timothy J. Roe, M.D., #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Certificate of Service) Filed under Seal, pursuant to Court Order, ECF 24 , granting ECF #22 (jo)
July 26, 2019 Opinion or Order Filing 25 STIPULATED PROTECTIVE ORDER; Exhibit A. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/26/2019. (cib)
July 26, 2019 Filing 23 MEMORANDUM in Support re #3 MOTION for Preliminary Injunction (SUPPLEMENTAL) filed by Jason C. Chang. (Attachments: #1 Declaration OF ERIC A. SEITZ, #2 Exhibit 8, #3 Certificate of Service)(Seitz, Eric)
July 25, 2019 ADVISORY ENTRY: Please be advised that docket entry #22 EX PARTE Motion to Seal Statement of Facts in Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction filed by Stephen M. Oishi, Timothy J. Roe, Rehabilitation Hospital of the Pacific (The) contains a Proposed Order for 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)
July 24, 2019 Filing 22 EX PARTE Motion to Seal Statement of Facts in Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction Anna M. Elento-Sneed appearing for Defendants Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe (Attachments: #1 Memorandum in Support of Ex Parte Motion, #2 Declaration of Anna Elento-Sneed, #3 Proposed Order, #4 Certificate of Service)(Elento-Sneed, Anna)
July 24, 2019 Filing 21 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction filed by Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe. (West, John)
July 22, 2019 Filing 20 Letter to Chief Judge J. Michael Seabright from Eric A. Seitz, Esq. dated July 19, 2019 re: #19 (jo)
July 19, 2019 Filing 19 EP: Further Status Conference re: Preliminary Injunction.Discussion held.By the end of today, Eric Seitz is directed to submit in writing what are the issues and what relief is Plaintiff's seeking. Defendants' opposition is due by 7/24/2019 and Plaintiff's reply is due by 7/26/2019. Parties are to identify any witnesses to be called to testify at the hearing and state an estimate of time to be expected for each witness.Hearing on #3 Motion For Preliminary Injunction set for 7/29/2019 at 1:30 p.m. before Chief Judge J. Michael Seabright. (Court Reporter Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 18, 2019 Filing 18 Letter dated July 18, 2019 to Chief Judge J. Michael Seabright from John West, Esq. in response to ECF #17 (Attachments: #1 Submitting Reports to the NPDB, #2 Reporting Adverse Clinical Privileges Action) (jo)
July 17, 2019 Filing 17 EP: Status Conference held on 7/17/2019.Discussion held.By 7/18/2019, John West is directed to submit a letter to the Court as to whether a report can be removed from the National Practitioner Data Bank.Further Status Conference set for 7/19/2019 at 1:30 p.m. before Judge J. Michael Seabright. (Court Reporter Debra Read) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk) Modified on 7/17/2019 (tyk). (Main Document 17 replaced on 7/18/2019) (tyk, ).
July 17, 2019 Opinion or Order Filing 16 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO HANNAH DOLSKI re: #13 -Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/17/2019. HANNAH DOLSKI, ESQ. (Law Firm: Lewis Roca Rothgerber Christie LLP) added as attorney Pro Hac Vice for Defendant The Rehabilitation Hospital of the Pacific, Inc. (jo)
July 17, 2019 Opinion or Order Filing 15 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MARY ELLEN SIMONSON re: #12 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/17/2019. MARY ELLEN SIMONSON, ESQ. (Law Firm: Lewis Roca Rothgerber Christie LLP) added as attorney Pro Hac Vice for Defendant The Rehabilitation Hospital of the Pacific, Inc. (jo)
July 17, 2019 Opinion or Order Filing 14 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JOHN WEST re: #11 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/17/2019. JOHN WEST, ESQ. (Law Firm: Lewis Roca Rothgerber Christie LLP) added as attorney Pro Hac Vice for Defendant The Rehabilitation Hospital of the Pacific, Inc. (jo)
July 17, 2019 Filing 13 MOTION for Pro Hac Vice Hannah Dolski Filing fee $ 300, receipt number 0975-2233378.Anna M. Elento-Sneed appearing for Defendants Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe (Elento-Sneed, Anna)
July 17, 2019 Filing 12 MOTION for Pro Hac Vice Mary Ellen Simonson Filing fee $ 300, receipt number 0975-2233377.Anna M. Elento-Sneed appearing for Defendants Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe (Elento-Sneed, Anna)
July 17, 2019 Filing 11 MOTION for Pro Hac Vice John West Filing fee $ 300, receipt number 0975-2233374.Anna M. Elento-Sneed appearing for Defendants Stephen M. Oishi, Rehabilitation Hospital of the Pacific (The), Timothy J. Roe (Elento-Sneed, Anna)
July 17, 2019 Filing 10 Corporate Disclosure Statement by Rehabilitation Hospital of the Pacific (The) identifying Corporate Parent Rehabilitation Hospital of the Pacific, The for Rehabilitation Hospital of the Pacific (The).. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
July 17, 2019 Filing 9 EO: Status Conference re: Motion For Preliminary Injunction set for 7/17/2019 at 02:30 PM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 17, 2019 ADVISORY ENTRY: Please be advised docket numbers #11 , #12 , and #13 contain proposed Orders for Judge's signature. If the filing party has not already done so, please email the documents 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)
July 16, 2019 Filing 8 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, )
July 16, 2019 Opinion or Order Filing 7 Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 9/16/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/16/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) 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. (emt, )
July 16, 2019 Filing 6 Summons Issued as to All Defendants. (emt, )
July 16, 2019 Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00383 JMS-KJM on all further pleadings. (emt, )
July 16, 2019 Filing 4 Ex Parte MOTION to Shorten Time to hear Motion re #3 MOTION for Preliminary Injunction Eric A. Seitz appearing for Plaintiff Jason C. Chang (Attachments: #1 Declaration OF ERIC A. SEITZ, #2 Certificate of Service)(Seitz, Eric)
July 16, 2019 Filing 3 MOTION for Preliminary Injunction Eric A. Seitz appearing for Plaintiff Jason C. Chang (Attachments: #1 Declaration OF JASON C. CHANG, M.D., #2 Exhibit 1, #3 Exhibit 2, #4 Declaration OF ERIC A. SEITZ, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Memorandum OF LAW, #11 Certificate of Service)(Seitz, Eric)
July 16, 2019 Filing 2 Summons (Proposed) (Seitz, Eric)
July 16, 2019 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0975-2232928.), filed by JASON C CHANG. (Attachments: #1 VERIFICATION OF JASON C. CHANG, M.D., #2 Civil Cover Sheet)(Seitz, Eric)

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Defendant: Rehabilitation Hospital of the Pacific (The)
Represented By: Anna M. Elento-Sneed
Represented By: Hannah Dolski
Represented By: John West
Represented By: Mary Ellen Simonson
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Defendant: Stephen M. Oishi
Represented By: Anna M. Elento-Sneed
Represented By: John West
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Defendant: Timothy J. Roe
Represented By: Anna M. Elento-Sneed
Represented By: John West
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Defendant: Doe Entities 1-10
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Defendant: Jane and/or John Does 1-25
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Plaintiff: Jason C. Chang
Represented By: Della A. Belatti
Represented By: Eric A. Seitz
Represented By: Kevin A Yolken
Represented By: Gina May Szeto-Wong
Represented By: Jonathan M.F. Loo
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