Clarfeld et al v. Department of Education, State of Hawaii
Plaintiff: Alex Clarfeld
Defendant: Department of Education and Department of Education, State of Hawai'i
Case Number: 1:2020cv00234
Filed: May 20, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: JILL A OTAKE
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 20 U.S.C. § 1401
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2020 Opinion or Order Filing 30 EO: In light of the 27 Entering Order issued by District Judge Jill A. Otake, the Rule 16 Scheduling Conference set for07/20/2020 is hereby VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
July 13, 2020 Filing 29 Plaintiff's Scheduling Conference Statement . (Shnider, Samuel) Modified on 7/17/2020 (emt, ).
July 13, 2020 Filing 28 Scheduling Conference Statement DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAIIS SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE. (Attachments: #1 Certificate of Service)(Kuwabe, Kunio)
July 6, 2020 Filing 27 EO: Briefing Schedule issued.Opening Brief due on 8/24/2020.Answering/Responsive Brief due on 10/8/2020.Optional Reply Brief due on 10/23/2020.Oral Argument is SET for 12/04/2020 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Given the current public health crisis, the Court will notify the parties in due course whether the hearing will be held in court or by video or telephonic conference, or whether the matter will be decided without a hearing pursuant to Local Rule 7.1(c). If all parties jointly prefer one of the foregoing options, they may submit a letter request to Otake_Orders@hid.uscourts.gov within two weeks. (JUDGE JILL A. OTAKE)(shm)
June 24, 2020 Filing 8 DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAIIS ANSWER TO PLAINTIFFS COMPLAINT FILED MAY 20, 2020; CERTIFICATE OF SERVICE ANSWER to #1 Complaint by Department of Education, State of Hawai'i. (Attachments: #1 Certificate of Service)(Kuwabe, Kunio)
June 19, 2020 Filing 26 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcript 8 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 8 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/25/2020 retained by Clerk's Office.
June 19, 2020 Filing 25 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcripts 7 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 7 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/24/2020 retained by Clerk's Office.
June 19, 2020 Filing 24 TRANSMITTAL of DOCUMENTS: Administrative Record of Appeal (Transcripts 6 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 6 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/13/2020 retained by Clerk's Office.
June 19, 2020 Filing 23 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcripts 5 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 5 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/12/2020 retained by Clerk's Office.
June 19, 2020 Filing 22 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcripts 4 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 4 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/7/2020 retained by Clerk's Office.
June 19, 2020 Filing 21 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcripts 3 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 3 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/6/2020 retained by Clerk's Office.
June 19, 2020 Filing 20 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Transcripts 2 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 2 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/5/2020 retained by Clerk's Office.
June 19, 2020 Filing 19 TRANSMITTAL of DOCUMENTS : Administrative Record on Appeal (Transcripts 1 of 8) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Transcript 1 of 8) (emt, ). Modified on 7/12/2020 (emt, ). CD of Transcript of Proceedings taken 2/4/2020 retained by Clerk's Office.
June 19, 2020 Filing 18 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Respondents' Exhibits (Part 4 of 4) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Respondents' Exhibits (Part 4 of 4)) (emt, ). Modified on 7/12/2020 (emt, ). CD re IEP Meeting 5/14/2019, 10/30/2019 (Parts 1 & 2) retained by Clerk's Office.
June 19, 2020 Filing 17 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Respondents' Exhibits (Part 3 of 4) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/12/2020: #1 Respondents' Exhibits (Part 3 of 4)) (emt, ).
June 19, 2020 Filing 16 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Respondents' Exhibits (Part 2 of 4) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/8/2020: #1 Respondents' Exhibits (Part 2 of 4), #2 Exhibit 9) (emt, ).
June 19, 2020 Filing 15 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Respondents' Exhibits - Part 1 of 4) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/8/2020: #1 Respondents' Exhibits (Part 1 of 4), #2 Exhibit 1, #3 Exhibit 3, #4 Exhibit 6) (emt, ).
June 19, 2020 Filing 14 TRANSMITTAL of DOCUMENTS : Administrative Record on Appeal (Petitioner's Exhibits - Part 2 of 2) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/7/2020: #1 Petitioner's Exhibits (Part 2 of 2), #2 Exhibit 5 (Maui Autism Center Reports), #3 Exhibit 7 (Prior Assessments and Data), #4 Exhibit 8 (Current Assessments and Data), #5 Exhibit 9 (Roster and Licenses), #6 Exhibit 10 (Medical Records and Evaluations), #7 Exhibit 11 (AHO Decision, November 7, 2018), #8 Exhibit 13 (Po'okela Observation Reports), #9 Exhibit 14 (Recordings - CD included )) (emt, ). Exhibit 14 (CD) retained by Clerk's Office.
June 19, 2020 Filing 13 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Petitioner's Exhibits - Part 1 of 2) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/7/2020: #1 Petitioner's Exhibits (Part 1 of 2), #2 Exhibit 1 (IEP Documents), #3 Exhibit 2 (DOE Correspondence), #4 Exhibit 3 (Emails), #5 Exhibit 4 (Work Samples)) (emt, ).
June 19, 2020 Filing 12 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Part 3 of 3) - the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/6/2020: #1 Administrative Record on Appeal (Part 3 of 3), #2 Part 14 (Pages 00418-00438), #3 Part 15 (Pages 00439-00440), #4 Part 16 (Pages 00441-00443), #5 Part 17 (Pages 00444-00453), #6 Part 18 (Pages 00454-00463), #7 Part 19 (Pages 00464-00473), #8 Part 20 (Pages 00474-00483), #9 Part 21 (Pages 00484-00486), #10 Part 22 (Part 00487-00491), #11 Part 23 (Pages 00492-00493), #12 Part 24 (Pages 00494-00495), #13 Part 25 (Pages 00496-00510), #14 Part 26 (Pages 00511-00522), #15 Part 27 (Pages 00523-00538), #16 Part 28 (Pages 00539-00591), #17 Part 29 (Pages 00592-00593), #18 Part 30 (Pages 00594-00600)) (emt, ).
June 19, 2020 Filing 11 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Part 2 of 3) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/4/2020: #1 Administrative Record on Appeal (Part 2 of 3), #2 Part 5 (Pages 00122-00283), #3 Part 6 (Pages 00284-00289), #4 Part 7 (Pages 00290-00294), #5 Part 8 (Pages 00295-00296), #6 Part 9 (Pages 00297-00300), #7 Part 10 (Pages 00301-00304), #8 Part 11 (Page 00305-00308), #9 Part 12 (Pages 00309-00312), #10 Part 13 (Pages 00313-00417)) (emt, ). Modified on 7/4/2020 (emt, ).
June 19, 2020 Filing 10 TRANSMITTAL of DOCUMENTS: Administrative Record on Appeal (Part 1 of 3) - submitted by the Department of the Attorney General, Office of Dispute Resolution. (SEALED) (emt, ) (Additional attachment(s) added on 7/4/2020: #1 Administrative Record on Appeal (Part 1 of 3), #2 Part 1 (Pages 00001-00101), #3 Part 2 (Pages 00102-100106), #4 Part 3 ( Pages 00107-00116), #5 Part 4 (Pages 00117-00121)) (emt, ). Modified on 7/4/2020 (emt, ).
June 19, 2020 Filing 9 TRANSMITTAL of DOCUMENTS: Transmittal of Administrative Record on Appeal - submitted by the Department of Attorney General, Office of Dispute Resolution. (Attachments: #1 Index to Certified Administrative Record on Appeal, #2 Certification of Record, #3 Certificate of Service) (emt, )
June 5, 2020 Filing 7 WAIVER OF SERVICE Returned Executed by Alex Clarfeld. Department of Education, State of Hawai'i waiver sent on 5/20/2020, answer due 7/20/2020. (Shnider, Samuel)
May 21, 2020 Filing 6 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm)
May 20, 2020 Filing 5 Summons Issued as to Department of Education. (jni)
May 20, 2020 Filing 4 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni)
May 20, 2020 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference is set for 9:30 AM on 7/20/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/20/2020. (Attachments: #1 Memo 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.(jni)
May 20, 2020 Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00234 JAO-KJM on all further pleadings. (jni)
May 20, 2020 Filing 1 COMPLAINT against Department of Education ( Filing fee $ 400 receipt number 0975-2373816.), filed by P. M., Alex Clarfeld. (Attachments: #1 Main Document Summons)(Shnider, Samuel)

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Plaintiff: Alex Clarfeld
Represented By: Samuel Phillip Shnider
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Defendant: Department of Education
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Defendant: Department of Education, State of Hawai'i
Represented By: Kunio Kuwabe
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