Kriege et al v. HCCC Hawaii Community Correctional Center et al
| Phillip B. Kriege, Christopher H. Rooney and William Dartely |
| HCCC Hawaii Community Correctional Center, R. Woolsey Matsu, Does 1-25, Sgt. A. Uitu, Uitu Choy Merrit, ACO Adult Correctional Officers, AC Arrira, Sgt. Yoshita, Honorable Judge Choy, Sgt. Choy, A. Carrira, Officer Matsu, Sgt. Merrit and R. Woolsey |
| Shelley Harrington and Laurie Nadamoto |
| 1:2019cv00434 |
| August 12, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 39
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/4/2019. (emt, )COURT'S CERTIFICATE of Service - Phillip B. Kreige shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 5, 2019. Registered Participants of CM/ECF received the order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
|
|
Filing 38
EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates are given. Court to prepare a Scheduling Order. Jury Selection/Trial is set for 12/07/2020 at 9:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 10/27/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 09/02/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 07/08/2020. Discovery due by 10/09/2020. (FTR-Ctrm C6 9:58 - 10:06.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 37
DEFENDANTS DAYTON YOSHIDA (incorrectly named as YOSHITA), LINDO MATSU IV, AND ALBERT CARREIRA'S (incorrectly named as Carrira) ANSWER to #1 Complaint,, Plaintiff's Complaint, filed July 18, 2019 by A. Carrira, Matsu, Yoshita. (Attachments: #1 Certificate of Service)(Awong, William)
|
|
Filing 36
CONFERENCE STATEMENT AND REPORT; Certificate of Service, filed by Plaintiff Phillip B. Kriege. (apg, )
|
|
Filing 24
EO: In light of the #22 , #21 and #20 Waivers of Service Executed and to allow sufficient time for the Defendants to answer, the Rule 16 Scheduling Conference previously set for 11/08/2019 IS CONTINUED TO 12/03/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 11/26/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 35
Summons Returned Unexecuted as to Officer A. Carrira. (emt, )
|
|
Filing 34
WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. A. Carrira (identified as Albert Carreira ) received waiver on 9/19/2019. Note: This document appears to be a duplicate of ECF No. #21 . (emt, )
|
|
Filing 33
Process Receipt and Return - USM 285 by Marshals Service. On 10/17/2019, USM received signed Waiver for Defendant Carreira (incorrectly named as Officer A. Carrira). Summons returned unexecuted re: #11 Summons Issued. (emt, ) (Additional attachment(s) added on 10/23/2019: #1 Letter from Department of Public Safety, dated October 9, 2019) (emt, ).
|
|
Filing 32
Summons Returned Unexecuted as to Officer Matsu. (emt, )
|
|
Filing 31
WAIVER OF OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. Officer Matsu (identified as Lindo K. Matsu, IV ) received waiver on 9/13/2019. Note: This document appears to be a duplicate of ECF No. #20 . (emt, )
|
|
Filing 30
Process Receipt and Return - USM 285 by Marshals Service. On 10/17/2019, USM received signed Waiver for Defendant Matsu. Summons returned unexecuted re #13 Summons Issued. (Attachments: #1 Letter from Department of Public Safety, dated October 9, 2019) (emt, )
|
|
Filing 29
Summons Returned Unexecuted as to Sergeant Yoshita. (emt, )
|
|
Filing 28
WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. Sergeant Yoshita (identified as Dayton Yoshida ) received waiver on 9/13/2019. Note: This document appears to be a duplicate of ECF No. #22 . (emt, )
|
|
Filing 27
Process Receipt and Return - USM 285 by Marshals Service. On 10/17/2019, USM received the signed waiver for Defendant Yoshida (incorrectly named Yoshita) re #14 Summons Issued. (Attachments: #1 Letter from Department of Public Safety, dated October 9, 2019) (emt, )
|
|
Filing 26
Summons Returned Unexecuted as to Officer Choy. (emt, )
|
|
Filing 25
Process Receipt and Return - USM 285 by Marshals Service -- On 10/21/2019, USM contacted DPS re Waiver for Defendant Officer Choy (DPS does not know who the defendant is, and the summons is therefore, returned unexecuted. There is no additional information for Defendant Choy and the USM cannot move further.) (emt, )
|
|
Filing 23
Letter from the Department of Public Safety Re: Executed Waivers of Service of Summons for Defendants Lindo K. Matsu IV, Albert Carreia and Dayton Yoshida (ECF Nos. #20 , #21 , #22 , dated October 9, 2019. (Attachments: #1 Mailing Documentation) (emt, )
|
|
Filing 22
WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. Sergeant Yoshita (identified as Dayton Yoshida) received waiver on 9/13/2019. (emt, ) Modified on 10/18/2019 to correct last name of defendant (emt, ).
|
|
Filing 21
WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. A. Carrira (identified as Albert Carreira ) received waiver on 9/19/2019. (emt, )
|
|
Filing 20
WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Phillip B. Kriege. Officer Matsu (identified as Lindo K. Matsu, IV ) received waiver on 9/13/2019. (emt, )
|
|
Filing 19
EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 10/07/2019 IS CONTINUED TO 11/08/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 11/01/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 18
CIVIL Waiver of Service Packet (as to Sergeant Yoshita). (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
|
|
Filing 17
CIVIL Waiver of Service Packet (as to Officer Matsu). (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
|
|
Filing 16
CIVIL Waiver of Service Packet (as to Officer Choy). (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
|
|
Filing 15
CIVIL Waiver of Service Packet (as to Officer A. Carrira). (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
|
|
Filing 14
Summons Issued as to Sergeant Yoshita. (emt, )
|
|
Filing 13
Summons Issued as to Officer Matsu. (emt, )
|
|
Filing 12
Summons Issued as to Officer Choy. (emt, )
|
|
Filing 11
Summons Issued as to Officer A. Carrira. (emt, )
|
|
COURT'S CERTIFICATE of Service - a copy of the #10 ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; (2) DISMISSING COMPLAINT IN PART WITHOUT LEAVE TO AMEND; AND (3) DIRECTING SERVICE OF COMPLAINT IN PART has been served by First Class Mail to Phillip B. Kriege at the address of record on September 5, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of each issued summons, ECF No. #10 ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; (2) DISMISSING COMPLAINT IN PART WITHOUT LEAVE TO AMEND; AND (3) DIRECTING SERVICE OF COMPLAINT IN PART and ECF No. #1 Complaint shall be served to the U.S. Marshals Service via interoffice delivery. A copy of ECF No. #10 ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; (2) DISMISSING COMPLAINT IN PART WITHOUT LEAVE TO AMEND; AND (3) DIRECTING SERVICE OF COMPLAINT IN PART, ECF No. #1 Complaint and a completed Notice of Lawsuit and Request for Waiver of Service of Summons form (AO 398) and two completed Waiver of Service of Summons forms (AO 399) addressed to Defendants Carrira, Choy, Matsu and Yoshita shall be emailed to DPS Litigation Coordinators Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq. on September 5, 2019. (emt, )
|
|
Filing 10
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; (2) DISMISSING COMPLAINT IN PART WITHOUT LEAVE TO AMEND; AND (3) DIRECTING SERVICE OF COMPLAINT IN PART re #1 , #2 - Signed by JUDGE DERRICK K. WATSON on 9/4/2019. (emt, )
|
|
Filing 9
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 10/7/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/12/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )
|
|
Filing 8
NOTICE TO PARTIES: The Clerk for the U.S. District Court, District of Hawaii, gives notice of its receipt of the electronic case record for 3:19-cv-01343 BAS-MDD, Kriege, et al. vs. HCCC Hawaii Community Correctional Center, et al., transferred from the U.S. District Court for the Southern District of California (San Diego). Please be advised that this case has been assigned to U.S. District Judge Derrick K. Watson and U.S. Magistrate Judge Kenneth J. Mansfield. Please reflect Civil Case No. CV 19-00434 DKW-KJM on all further filings in this case. (emt, )
|
|
Filing 7
NOTICE of Case Assignment: Please reflect Civil case number CV 19-00434 DKW-KJM on all further pleadings. (emt, )
|
|
Filing 6
Case transferred in from District of California Southern; Case Number 3:19-cv-01343. Original file certified copy of transfer order and docket sheet received.
|
|
Filing 5
Case transferred to the District of Hawaii. Files transferred electronically to: *District of Hawaii*.*300 Ala Moana Boulevard, Room C338**Honolulu, HI 96850-0001*. Signed by Judge Cynthia Bashant on 8/12/2019. (Attachments: #1 Order Transferring Action to United States District Court District of Hawaii ) (All non-registered users served via U.S. Mail Service) (jah) (sjt). [Transferred from California Southern on 8/12/2019.] Docket text modified on 8/12/2019 (emt, ).
|
|
Filing 4
NOTICE of Filed Action in U.S.D.C. San Diego by Phillip B. Kriege. NUNC ORO TUNC 8/5/2019. (All non-registered users served via U.S. Mail Service) (jah) [Transferred from California Southern on 8/12/2019.]
|
|
Filing 3
Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Notice of Filed Action in U.S.D.C. San Diego, from Plaintiff Phillip B. Kriege. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 8/5/2019. Signed by Judge Cynthia Bashant on 8/12/2019. (All non-registered users served via U.S. Mail Service) (jah) [Transferred from California Southern on 8/12/2019.]
|
|
COURT'S CERTIFICATE of Service - a copy of the 7 Notice of Case Assignment, 8 Notice to Parties, #9 Order Setting Rule 16 Scheduling Conference shall be served by First Class Mail to Phillip B. Kriege at the address of record on August 13, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis by Phillip B. Kriege. (smd) [Transferred from California Southern on 8/12/2019.]
|
|
Filing 1
COMPLAINT with Jury Demand against AC Arrira, Choy, William Dartely, Does 1-25, HCCC Hawaii Community Correctional Center, R. Woolsey Matsu, Merrit, A. Uitu, Yoshita filed by Phillip B. Kriege (IFP Filed). (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit F, #7 Venue and Jurisdiction, #8 Notice to Vacate, #9 Form Interrogatories)The new case number is 3:19-cv-1343-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Kriege, Phillip)[Case in Screening per 28 USC 1915] (smd) [Transferred from California Southern on 8/12/2019.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
