Kokua Coalition v. Department of Planning and Permitting of the City and County of Honolulu et al
| Kokua Coalition |
| City and County of Honolulu, Kathy Sokugawa and Department of Planning and Permitting of the City and County of Honolulu |
| Kim Stevens, Chris Stevens, Catherine Yasuhara, Hawaiian Property Rights Association and Paul Kealoha Fritz, Jr. |
| 1:2019cv00414 |
| August 1, 2019 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 Praecipe to Clerk; Rule 65.1 Application; Attachment of Sureties; Reservation of Rights [ MOTION for Recusal] - by Intervenor Plaintiffs Paul Kealoha Fritz, Jr, Chris Stevens, Kim Stevens, Catherine Yasuhara. (Attachments: #1 Public Servants/Offices Identified as Parties Holding Surety Obligations, #2 MOTION to Recuse, #3 Beneficiaries Letter of Wishes, #4 Verification of Identity) (emt, ) |
| Filing 30 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Saito, Brad) |
| Filing 29 Scheduling Conference Statement of Plaintiff Kokua Coalition. (Seehase, Loren) |
| Filing 28 EO: On September 12, 2019, this Court received a "Rule 19 Execution, Affected Party Joinder, Third Party Complaint," Dkt. No. 26, which this Court construes as a motion for joinder and/or to intervene. The Court DENIES the motion for many of the same reasons as the similarly described motion to intervene filed by others that the Court denied on September 9, 2019. See Dkt. No. 25. First, the individuals who filed the instant motion--Kim and Chris Stevens--provide no reason why they are required parties to this action within the meaning of the rules they cite. Instead, like those before them, the Stevens' appear to believe that Rules 19 and 24 of the Federal Rules of Civil Procedure constitute an "invitation" to join or intervene in this action, and that they may do so as of right. That is not the case, nor have they so much as attempted to explain why it should be. Second, the instant motion, like the motion denied on September 9, fails to explain how the actual plaintiff in this case is not adequately representing any interest that is a subject of this action. Third, the Stevens' professed interest in invalidating the ordinance in question in toto is materially different from the interest of the actual plaintiff, such that permitting the requested joinder/intervention makes no practical sense. They may pursue an independent action of their own if they believe they have the grounds to do so, rather than attempting to usurp the action of others. The motion, Dkt. No. 26, is DENIED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of Dkt. No. 28 Order on Motion to Intervene has been served by First Class Mail to Hawaiian Property Rights Association, Catherine Yasuhara, Paul Kealoha Fritz, Jr., Kim Stevens and Chris Stevens at the addresses of record on September 13, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 27 EP: Early Settlement Conference - No Settlement.Further Settlement Conference set for 10/1/19 @ 10:00 a.m.1)Parties to follow up with clients concerning remaining issues;2) Mr. Kugle to update the Court by no later than 12:00 p.m. on 9/19/19 (Thursday);3)The Court reserves the right to require parties to be present at future settlementconferences;4) The deadline to submit a proposed stipulation and order is extended to 10/1/19; and5)The Rule 16 Scheduling Conference set for 9/30/19 is continued to 10/1/19 @ 10:00 a.m. Rule 16 Scheduling Conference is set for 10:00AM on 10/1/2019 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference #2 is set for 10/1/2019 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 26 [MOTION to Intervene] Rule 19 Execution, Affected Party Joinder, Third Party Complaint - by Intervenor Plaintiffs Kim Stevens, Chris Stevens. (emt, ) |
| Filing 25 EO: On September 6, 2019, this Court received a filing described as an "Amended Resubmission Rule 19 Application; Hawaiian Property Rights Association Joins as Plaintiff; Affected Parties Joinder," Dkt. No. 23, which the Court construes as a motion for joinder and/or to intervene. The motion is DENIED for multiple reasons. First, to the extent the motion is filed on behalf of the entity described as the Hawaiian Property Rights Association, denial is due to the fact that, in order for an entity to file anything in this Court, the entity must be represented by an attorney admitted to the bar of this Court and in good standing with the State Bar of Hawaii. See Local Rules 81.1(b) & 83.1. The individuals who filed the motion--Catherine Yasuhara and Paul Kealoha Fritz Jr.--are neither of those things. Second, to the extent the motion is filed by Yasuhara and Fritz in purely their individual capacities, denial is due to the fact that, in the motion, no reason is provided for why Yasuhara and Fritz are required parties to this action. Instead, they appear to believe that Rules 19 and 24 of the Federal Rules of Civil Procedure constitute an "invitation" for them to join or intervene in this action. That is not the case. Moreover, even if Yasuhara and Fritz had argued why they should be allowed to join or intervene in this action, any such argument would have no merit. To the extent Yasuhara and Fritz have an interest in this action similar to the actual plaintiff, the actual plaintiff is more than adequately representing that interest. Moreover, to the extent Yasuhara and Fritz have an interest dissimilar to the actual plaintiff, such as an interest in the unlawful rental and advertisement of their properties, that is not the "subject of the action" for purposes of Rule 19 and Rule 24. Accordingly, the motion, Dkt. No. 23, is DENIED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 24 EO: On September 6, 2019, this Court received a filing described as an "Amended Resubmission Rule 19 Application; Hawaiian Property Rights Association Joins as Plaintiff; Affected Parties Joinder," Dkt. No. 23. Pursuant to Local Rule 7.1(c), the Court will decide the foregoing without a hearing. No further briefing will be necessary. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 24 has been served by First Class Mail to Hawaiian Property Rights Association, Catherine Yasuhara and Paul Kealoha Fritz, Jr. at the addresses of record on September 9, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 25 Order on Amended Resubmission Rule 19 Application has been served by First Class Mail to Hawaiian Property Rights Association, Catherine Yasuhara and Paul Kealoha Fritz, Jr. at the addresses of record on September 9, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 23 [MOTION to Intervene] AMENDED Resubmission Rule 19 Application - by Intervenor Plaintiffs Catherine Yasuhara, Paul Kealoha Fritz, Jr, Hawaiian Property Rights Association. (Attachments: #1 Invitation to Serve and Comply with the Peoples Law, #2 Hawaii State Constitution, #3 Oahu County Incorporation Charter, #4 Notice of Requested Intervention, #5 Rule 19 Application, filed in CV 16-387 DKW-RLP, #6 Certificate of Service, filed in CV 16-387 DKW-RLP, #7 Motion for Order, filed in CV 16-387 DKW-RLP, #8 Certificate of Service) (emt, ) |
| Filing 22 TRANSCRIPT of Proceedings held on 08-15-2019, before Judge Derrick K. Watson. Court Reporter - Debi Read, Telephone number - 8085412062,Email Address - readit3949@gmail.com. 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 9/10/2019. Redacted Transcript Deadline set for 9/20/2019. Release of Transcript Restriction set for 11/18/2019. (dr@, hid.uscourts.gov) |
| Filing 21 Defendants' ANSWER to #1 Complaint for Declaratory and Injunctive Relief by City and County of Honolulu, Department of Planning and Permitting of the City and County of Honolulu, Kathy Sokugawa. (Attachments: #1 Certificate of Service)(Saito, Brad) |
| Filing 20 EP: Early Settlement Conference - No settlement.Further Settlement Conference set for 9/12/19 @ 1:30 p.m.1)The 8/22/19 deadline set by District Judge Watson for the Parties to submit a proposed stipulation and order regarding all agreed-upon issues is extended to 9/12/19.2)Parties to provide Magistrate Judge Trader a joint confidential update by 9/11/19 at 12:00 p.m. identifying all resolved, as well as, remaining disputed issues, if any. The update also should identify the extent to which the Parties anticipate limited discovery, a tentative discovery plan, whether further narrowing of any disputed issues may be possible and a proposed briefing schedule concerning those issues which remain. 3)Should the Parties reach agreement on all remaining issues prior to the Further Settlement Conference on 9/12/19 at 1:30 p.m., counsel are to request a Phone Status Conference with the Court. Settlement Conference #2 is set for 9/12/2019 01:30 PM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 19 EP: Hearing on #2 Motion for Temporary Restraining Order ("TRO").Discussion held.Court and parties agree that majority of TRO issues have been resolved, as indicated in the parties' TRO briefing. Court directs parties to reduce that agreement to a writing to be submitted for Court approval within seven (7) days of completing the August 20 settlement conference with Magistrate Judge Trader.As to the sole TRO issue remaining, the Ordinance's reporting requirement, Court will take no action at this time because the requirement does not take effect until October 1, 2020 and further development of the record is needed.Plaintiff to consider whether it will withdraw the TRO as part of the parties' written agreement. The agreement should also address a briefing schedule as to the Ordinance's reporting requirement, mindful of the October 2020 effective date, or indicate that a briefing schedule is premature and/or if discovery is necessary. (Court Reporter Debra Read) (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 18 EO: This matter comes before the Court with the August 14, 2019 overnight filing of various documents by Catherine Yasuhara, Sonnie Kalamau, Paul Kealoha Fritz Jr., and an organization calling itself the Hawaiian Property Rights Association ("the overnight filings"), Dkt. Nos. 15-16. The overnight filings themselves indicate that they were to be filed in Case No. 16-cv-00387-DKW-RLP, a case that has been closed. As a result, the Court will take no further action on the overnight filings other than to ORDER the Clerk to (1) STRIKE as improvidently entered the overnight filings, Dkt. Nos. 15-16, from this case, and (2) re-file them in Case No. 16-cv-00387, where it is to be noted that the overnight filings will not be considered because the case is closed. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
Filing 14
ORDER APPROVING REQUEST FOR MEDIA BLOGGING (HONOLULU STAR-ADVERTISER) - Signed by JUDGE DERRICK K. WATSON on 8/15/2019. Honolulu Star-Advertiser, Representative: Gordon Y. K. Pang Hearing on Motion for Temporary Restraining Order, 8/15/2019 at 9:30 am. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of 18 Order on Motion to Intervene has been served by First Class Mail to Catherine Yasuhara, Paul Kealoha Fritz, Jr. and Sonnie Kalamau at the addresses of record on August 15, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 17 CERTIFICATE OF SERVICE - by Catherine Yasuhara. Note: The document reflects closed case, CV 16-00387 DKW-RLP. (Attachments: #1 Invitation to Serve and Comply With the Peoples Law, #2 Hawaii State Constitution, #3 Oahu County Incorporation Charter, #4 General Plan for the City and County of Honolulu) (emt) Modified on 8/15/2019 (tyk). [Strike per Dkt. No. 18] Modified on 8/15/2019 Document filed in colsed case, CV 16-00387 DKW-RLP per ECF No. 18 (emt, ). |
| Filing 16 MOTION for Order - by Intervenor Plaintiff Catherine Yasuhara. Note: The parties reflect both case numbers CV 19-00414 DKW-RT and CV 16-00387 DKW-RLP on the pleading. CV 16-00387 DKW-RLP is a closed case. (emt) Modified on 8/15/2019 (tyk). [Strike per Dkt. No. 18] Modified on 8/15/2019 Document refiled in closed case, CV 16-00387 DKW-RLP (emt, ). |
| Filing 15 [MOTION to Intervene] "Rule 19 Application; Hawaiian Property Rights Association Joins as Plaintiff; Affected Parties Joinder - by Intervenor Plaintiffs Catherine Yasuhara, Sonnie Kalamau, Intervenor Plaintiff Paul Kealoha Fritz, Jr. Note: The parties reflect both case numbers CV 19-00414 DKW-RT and CV 16-00387 DKW-RLP on the pleading. CV 16-00387 DKW-RLP is a closed case. (emt) Modified on 8/15/2019 (tyk). [Strike per Dkt. No. 18] Modified on 8/15/2019 Document refiled in closed case, CV 16-00387 DKW-RLP per ECF No. 18 (emt, ). |
| Filing 13 REPLY re #12 Memorandum in Opposition to Motion, #2 MOTION for Temporary Restraining Order filed by Kokua Coalition. (Kugle, Gregory) |
| Filing 12 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order filed by City and County of Honolulu, Department of Planning and Permitting of the City and County of Honolulu, Kathy Sokugawa. (Attachments: #1 Declaration of Kathy K. Sokugawa, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Certificate of Compliance with Word Limit, #9 Certificate of Service)(Saito, Brad) |
| Filing 11 EP: Status Conference - Mr. Kugle informed the Court that the parties have not conferred and have not come to any agreement.Discussion had re: the pending motion for temporary restraining order before Judge Watson, and the possibility of the parties having a discussion to try and fashion an agreeable resolution as to some of the issues.A Settlement Conference is set for 8/20/19 @ 10:00 a.m.Post hearing on the motion for temporary restraining order, counsel to meet and confer to see if based upon the additional information, is there anything the parties can agree upon or if they can identify a process to work forward to. If there are issues counsel cannot agree upon, it would be helpful for the Court to know.Counsel to submit a joint confidential letter no later than noon on 8/19/19. Court would like a collective view of where the parties are, and how the Court may be able to assist the parties with this process. Settlement Conference is set for 8/20/2019 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 10 EO: The Court schedules a Status Conference for 8/8/2019 11:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 9 EO: On August 2, 2019, a status conference was held in this matter. Following discussion with counsel, the Court sets the following deadlines. Opposition to the motion for temporary restraining order, Dkt. No. 2, due August 9, 2019. Optional reply due August 13, 2019. A hearing on the motion for temporary restraining order shall take place on August 15, 2019 at 9:30 a.m. in Aha Kupono before Judge Derrick K. Watson. The parties are instructed to contact the chambers of U.S. Magistrate Judge Rom Trader for purposes of scheduling a conference before the Magistrate Judge in the first half of the week of August 19, 2019. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 8 EP: Status Conference re #2 Plaintiff's Motion for Temporary Restraining Order.Discussion held.Court sets the following briefing schedule on #2 Plaintiff's Motion for Temporary Restraining Order:Opposition due: August 9, 2019Optional Reply due: August 13, 2019Hearing on #2 Plaintiff's Motion for Temporary Restraining Order set for August 15, 2019 at 9:30 a.m. before Judge Derrick K. Watson.Court directs the parties to contact Judge Trader's chambers to schedule a settlement conference during the first half of the week of August 19, 2019. Court to issue an entering order setting forth deadlines. (Court Reporter Gloria Bediamol) (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 7 EO: Status Conference re: Plaintiff's Motion for Temporary Restraining Order set for 8/2/2019 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 6 Summons Issued as to City and County of Honolulu, Department of Planning and Permitting of the City and County of Honolulu, Kathy Sokugawa. (cib) |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 9:00AM on 9/30/2019 before MAGISTRATE JUDGE ROM TRADER. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/1/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) Modified on 8/2/2019 (emt, ). 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.
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| Filing 4 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00414-DKW-RT on all further pleadings.(cib) |
| Filing 3 CIVIL Cover Sheet by Kokua Coalition. (Kugle, Gregory) |
| Filing 2 MOTION for Temporary Restraining Order Gregory W. Kugle appearing for Plaintiff Kokua Coalition (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Angie Larson, #3 Declaration of Gregory W. Kugle, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(Kugle, Gregory) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0975-2241353.), filed by Kokua Coalition. (Attachments: #1 Exhibit A, #2 Summons)(Kugle, Gregory) |
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