Bankhead et al v. Sutton et al
| Hunter Kinzer and Stacy Bankhead |
| Leah Voorhies, Chris Rogers, Dallas Earnshaw, Barbara L. Townsend, Elizabeth Newton, Carol Lear, Adam C. Bevis, Wallace J. Cadler, Angela Martinez-Gonzalez, Sydnee Dickson, Ann Silverberg Williamson, Heidi Adler, Heidi Kutcher, Sharadee Fleming, Diane Akiyama, Scott Downs, Jason Sinocruz, Sandra Sanchez, Jerry Zimmerman, Aletha Sutton, Amy Trombetti, Keith Rittel, Matthew Brahana, Dawne Casey, Billy L. Walker, Emily A. Lee, Sam Jarman, Scott McCauley, Erin Preston, Gary Herbert, Julio C. Herrera, Shauna Raby, Joan Andrews, Lenore Knudston, Amy Deardon, Laura Lee Gillespie, Morgan Anderson and Stephen Chen |
| 1:2020cv00160 |
| April 14, 2020 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on April 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 7 EO: On 4/15/20, Plaintiffs commenced this action and filed an #6 Ex Parte Emergency Motion for Temporary Restraining Order. However, Plaintiffs have not paid the applicable filing fee nor filed an application to proceed in forma pauperis ("IFP"). Until Plaintiffs comply with the #5 Deficiency Order (setting forth requirements), the Court will not grant any relief in this case. As explained in the Deficiency Order, Plaintiffs must obtain leave to proceed IFP for the case to proceed without the payment of the filing fee. See ECF No. 5 at 1.With respect to the Ex Parte Emergency Motion, Federal Rule of Civil Procedure ("FRCP") 65(b)(1) authorizes the Court to issue a TRO without notice to the adverse party or its attorney only if: "(A) specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b) (emphasis added). Plaintiffs have not complied with the foregoing requirements or established that this case falls within the extremely limited circumstances contemplated by FRCP 65(b). See Reno Air Racing Ass'n., Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006) (identifying two circumstances where ex parte TROs are proper: 1) "notice to the adverse party is impossible either because the identity of the adverse party is unknown or because a known party cannot be located in time for a hearing" and 2) "notice to the defendant would render fruitless the further prosecution of the action," and with respect to the latter, a plaintiff "must show that [the] defendants would have disregarded a direct court order and disposed of the goods within the time it would take for a hearing... [and] must support such assertions by showing that the adverse party has a history of disposing of evidence or violating court orders or that persons similar to the adverse party have such a history"). Therefore, the Court DENIES the Ex Parte Emergency Motion to the extent it requests a TRO without notice. (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) on April 16, 2020. |
| Filing 6 Ex Parte Emergency MOTION for Temporary Restraining Order - by Plaintiff Stacy Bankhead. (emt, ) |
Filing 5
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2020. (emt, )COURT'S CERTIFICATE of Service - Stacy Bankhead served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 15, 2020. A copy of the the Court's Application to Proceed in District Court Without Prepaying Fees or Costs shall be included in the mailing to Ms. Bankhead.
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 6/15/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Stacy Bankhead served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 15, 2020. A filed-copy of the Complaint was included in the mailing to Ms. Bankhead.
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| Filing 3 REQUEST for Courthouse Access - by Plaintiff Stacy Bankhead. (CV 20-00160 JAO-KJM; CV 20-00161 JAO-RT) (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Stacy Bankhead. (CV 20-00160 JAO-KJM; CV 20-00161 JAO-RT) (emt, ) |
| Filing 1 COMPLAINT for Violation of Civil Rights against All Defendants filed by Hunter Kinzer, Stacy Bankhead. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (emt, ) |
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