Carmichael v. Ige
| Holly Carmichael, Brooke McGowan, Timothy Aaron Carmichael and Russell Hirsch |
| David Y. Ige |
| The United States of America |
| 1:2020cv00273 |
| June 15, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 63 STIPULATION TO DISMISS ALL CLAIMS AND ALL PARTIES WITHOUT PREJUDICE by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan - Signed by JUDGE JILL A. OTAKE. (emt, ) |
| Filing 62 EO: The Telephonic Rule 16 Scheduling Conference set for 10/6/2020 is CONTINUED to 12/22/2020 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER) (agh) |
| Filing 61 EO: Hearing on #57 Defendant's Motion to Dismiss is SET for 11/24/20 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Opposition due by 10/6/20. Reply due by 10/20/20.Pursuant to the August 24, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-636-3807.2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.Any parties or members of the public or media wishing to attend the hearing by telephone conference shall also follow the Participant Instructions. (shm) |
| Filing 60 STATEMENT re #57 MOTION to Dismiss Statement Of Compliance With Local Rule 7.8 And General Civil Case Procedures Before Judge Otake Regarding Defendants Motion To Dismiss First Amended Complaint filed by David Y. Ige. (Attachments: #1 Certificate of Service)(Iha, Craig) |
| Filing 59 Errata re #57 MOTION to Dismiss . (Attachments: #1 Exhibit F, #2 Certificate of Service)(Rayner, Ewan) |
| Filing 58 EO: On 8/26/20, Defendant filed a #57 Motion to Dismiss. Although Defendant certified compliance with Local Rule 7.8, he failed to comply with the Court's General Civil Case Procedures, which requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Finally, because the parties conferred on 7/22/20, before Plaintiffs filed their First Amended Complaint (FAC), the statement should confirm that the parties discussed all necessary issues as they relate to the FAC. The Court orders Defendant to submit the requisite statement by 8/31/20. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 57 MOTION to Dismiss Ewan C. Rayner appearing for Defendant David Y. Ige (Attachments: #1 Memorandum in Support, #2 Declaration of Ewan C. Rayner, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Certificate of Service)(Rayner, Ewan) |
| Filing 56 First AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants, filed by Russell Hirsch, Timothy Aaron Carmichael, Holly Carmichael, Brooke McGowan.(Hochberg, Lloyd) |
| Filing 55 EP: Telephonic Rule 16 Scheduling Conference held on 8/10/2020. Telephonic Rule 16 Scheduling Conference is CONTINUED to 10/6/2020 at 09:15AM before MAGISTRATE JUDGE WES REBER PORTER. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751.(Court Reporter AT&T 9:00 a.m. - 9:05 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
Filing 54
STIPULATION RE LEAVE TO FILE FIRST AMENDED COMPLAINT FOR DECLARATORY INJUNCTIVE RELIEF; ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/10/2020. (Attachments: #1 Exhibit A) (emt, )
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| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #52 Stipulation Re Leave to File First Amended Complaint for Declaratory and Injunctive Relief filed by Plaintiffs, requires the court's approval. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (emt, ) |
| Filing 53 EO: Pursuant to the July 28, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the Rule 16 Scheduling Conference set for 8/10/2020 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER shall be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-278-0296.2. Enter your Access Code 8224751 when prompted followed by the pound (#) sign. Any parties or members of the public or media wishing to attend the hearing by telephone conference shall also follow the Participant Instructions.(MAGISTRATE JUDGE WES REBER PORTER)(shm) |
| Filing 52 STIPULATION RE FILING FIRST AMENDED COMPLAINT by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan. (Attachments: #1 Exhibit A)(Hochberg, Lloyd) |
| Filing 51 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service Certificate of Service)(Iha, Craig) |
| Filing 50 Scheduling Conference Statement of Defendant Governor Ige. (McLean, Nicholas) |
| Filing 49 Plaintiff's Scheduling Conference Statement and COS. (Hochberg, Lloyd) Modified on 8/2/2020 (emt, ). |
| Filing 48 TRANSCRIPT of Proceedings by Video Telephone Conference held on July 2, 2020 (Re: #12 APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE) `, before Judge Jill A. Otake. Court Reporter/Transcriber - ANN B MATSUMOTO, Telephone number - 808 541-2061,Email Address - am@hid.uscourts.gov. PP. - 62 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (Matsumoto, Ann) Modified on 7/19/2020 (emt, ). |
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Filing 47
ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE re #12 - Signed by JUDGE JILL A. OTAKE on 7/2/2020. (emt, )
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| Filing 46 EP: Hearing on #12 Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue was conducted by video telephone conference. Oral arguments heard. #12 Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue - TAKEN UNDER ADVISEMENT.Court to issue a written order.(Court Reporter Ann Matsumoto.) (JUDGE JILL A. OTAKE)(shm) |
| Filing 45 EO: The Court CONVERTS the hearing on Plaintiffs' #12 Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue from an in-person/telephonic hearing to one by video conference. The courtroom manager will provide participants with instructions and information to connect by video prior to the scheduled video conference. Participants must connect to the video conference at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference telephonically with the information provided below:1. Dial 1-650-479-3207. 2. Enter your Access Code (1607265019)The Court reminds all participants that everyone is strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (JUDGE JILL A. OTAKE)(shm) |
| Filing 44 EO: The hearing on Plaintiffs' #12 Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue, currently set for 7/2/2020 at 11:00 AM in Aha Kaulike, shall also be available to the public telephonically as follows:1. Dial 1-650-479-3207. 2. Enter your Access Code (1607265019)Participants must mute their telephones to minimize the audio interference during the hearing. The Court reminds all participants that everyone is strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (JUDGE JILL A. OTAKE)(shm) |
| Filing 43 NOTICE by David Y. Ige OF SUPPLEMENTAL AUTHORITY PURSUANT TO LR7.6 David Y. Ige. (Attachments: #1 Exhibit "A", #2 Certificate of Service)(Connors, Clare) |
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Filing 42
ORDER APPROVING REQUEST FOR MEDIA BLOGGING (THE ASSOCIATED PRESS) - Signed by JUDGE JILL A. OTAKE on 6/30/2020. Media Outlet: The Associated Press Representative(s): Jennifer Kelleher, Audrey McAvoy, Caleb Jones Hearing: TRO hearing scheduled for 7/2/2020 at 11:00 a.m., "all future on-the-record proceedings in open court" (emt, )
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| Filing 41 EO: The parties are notified that the following time limits will apply at the 7/2/20 hearing on Plaintiffs' Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue: Plaintiffs and Defendant will each have 30 minutes to present arguments and Plaintiffs will have 10 minutes of rebuttal. (JUDGE JILL A. OTAKE)(shm) |
| Filing 40 REPLY in Support of #12 APPLICATION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue filed by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan. (Attachments: #1 Declaration of James Hochberg , #2 Exhibit 1 , #3 Exhibit 2 , #4 Exhibit 3 , #5 Exhibit 4 , #6 Exhibit 5 , #7 Exhibit 6 , #8 Exhibit 6.5, #9 Exhibit 7 , #10 Exhibit 8 , #11 Exhibit 9, #12 Exhibit 10 )(Dhillon, Harmeet) Docket text modified on 6/30/2020 (emt, ). |
| ADVISORY ENTRY. No Identification of Person Filing Document- Please be advised that Document #34 Memorandum in Opposition to Motion (Additional Exhibits) filed by David Y. Ige does not include information that identifies the filer. The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing. See L.R. 10.2 (b). No further action is necessary. (emt, ) |
| Filing 39 EO: Based on the Attorney General's request to convert the 7/2/20 Zoom hearing to an in-person proceeding for Plaintiffs' Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue, and there being no opposition by Plaintiffs, the Court shall conduct an in-person hearing. The parties are notified of the following: (1) They shall inform the Court, by no later than noon on Monday 6/29/20, of the number of parties and counsel who will attend the hearing, and whether any parties or Mark P. Meuser seek to attend telephonically. Those attending telephonically shall provide the Courtroom Manager with their contact information.(2) Save for the parties and Mr. Meuser (should they attend telephonically), the hearing will be exclusively in person. That is, it will not be broadcast or accessible to the public by remote means. (3) Everyone entering the courthouse is subject to the mitigation measures set forth in the June 1, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, which includes wearing "a face mask covering the nose and mouth while in all public areas of the courthouse." Counsel may bring face shields if they wish, for the purpose of arguments; otherwise they are expected to wear masks during arguments. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 38 Letter addressed to Judge Jill A. Otake from Harmeet K. Dhillon, Esq. in response to Attorney General Clare Connor's letter regarding the July 2, 2020 hearing on Plaintiff's TRO Motion, dated June 26, 2020 re ECF No. #37 . (emt, ) |
| Filing 37 Letter addressed to Judge Jill A. Otake from Clare E. Connors, Attorney General, State of Hawaii re format of July 2, 2020 hearing on Plaintiff's Application for a Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue, dated June 26, 2020. (emt, ) |
| Filing 36 NOTICE of Appearance by Clare E. Connors on behalf of David Y. Ige on behalf of David Y. Ige. (Connors, Clare) |
| Filing 35 EO: The parties are reminded that courtesy copies "must comply with all Local Rule requirements, including [but not limited to] the tabbing of exhibits and declarations or affidavits." Local Rule 10.3(b)(2); see also Local Rule 10.2(d) ("Exhibits, declarations, and affidavits shall not contain cover sheets in lieu of tabs). (JUDGE JILL A. OTAKE)(otake1) |
| Filing 34 MEMORANDUM in Opposition to TRO (Doc 12) --Supporting Docs to (Doc. #33 )[Exhibit A] filed by David Y. Ige. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Certificate of Service)(McLean, Nicholas) Modified on 6/28/2020 (emt, ). |
| Filing 33 MEMORANDUM in Opposition re #12 APPLICATION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue filed by David Y. Ige. (Attachments: #1 Declaration Nicholas M. McLean, #2 Declaration Sarah Y. Park, M.D. , #3 Declaration Steven Hankins, M.D. , #4 Declaration Christopher Tatum, #5 Declaration of Bruce Anderson, #6 Certificate of Service)(McLean, Nicholas) Modified on 6/28/2020 (emt, ). |
| Filing 32 EO: In the Reply to their Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should not Issue, Plaintiffs are directed to address the impact of Defendant's trans-Pacific testing program, if any, on their request for relief. (JUDGE JILL A. OTAKE)(shm) |
| Filing 31 EO: After reviewing the United States' and the parties' responses, ECF Nos. 28-30, the Court will disregard the United States' Statement of Interest in deciding Plaintiffs' Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should not Issue. The Statement of Interest amounts to an attempt by the United States to amend the Complaint in a case where it is not a plaintiff, as evidenced by its suggestion that the Court could compel Plaintiffs to amend the Complaint so it aligns with the Statement of Interest. Neither the United States nor Plaintiffs cite any instance where a court considered a statement of interest requesting relief on a claim that the plaintiff(s) did not present in the complaint and/or as a basis for emergency relief. Plaintiffs argue that the Statement of Interest appropriately discusses the Privileges and Immunities Clause as part of the right to travel, but the cases they rely on are inapposite. United States ex rel. Johnson v. Golden Gate Nat'l Senior Care, LLC, No. 08-CV-1194 (DWF/HB), 2016 WL 11031222, at *1 (D. Minn. June 1, 2016), addressed the government's Motion for Leave to File Statement of Interest in Response to Defendants' Memorandum in Support of Motion for Summary Judgment and "recognize[d] the unique status of the United States in False Claim Act ("FCA") actions... [in which] [c]ourts are particularly concerned with the peculiar posture of the United States in declined FCA cases." Id. (citations omitted); see also id. (quoting United States ex rel. McCready v. Columbia/HCA Healthcare Corp., 251 F. Supp. 2d 114, 11920 (D.D.C. 2003) ("noting that the 'United States did not act improperly in submitting a statement carefully crafted to avoid involvement in the factual issues of this declined case and designed solely to protect its interests' where the purely legal statement of interest assisted the court 'in acting in the broader context of FCA jurisprudence.'")). Plaintiffs additionally rely on the concurrence in Republic of Austria v. Altmann, 541 U.S. 677 (2004), for the proposition that a statement of interest may include other grounds for dismissal, including "superior alternative and exclusive remedies." Id. at 714 (Breyer, J. & Souter, J., concurring). But offering additional bases for dismissal is incomparable to seeking an extraordinary remedy, see Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008), on grounds not articulated by Plaintiffs.When the United States has filed statements of interest in COVID-related cases, none sought to expand the scope of relief requested by the plaintiff(s), and the Court is unaware of any (nor has the United States pointed to any) that are analogous to the circumstances here.The United States contends that the Local Rules set briefing limitations for parties. Non-parties, like the United States, are subject to the same rules as all other litigants who appear before the Court. If the United States continues to maintain an interest in this case, it will be expected to abide by all applicable rules, including the Local Rules. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 30 RESPONSE re 27 Link [Memorandum of Points and Authorities in Support of the United States' Statement of Interest Filed June 23, 2020 re #26 ] filed by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan. (Meuser, Mark) Docket text modified on 6/28/2020 (emt, ). |
| Filing 29 RESPONSE re 27 Link [United States' Response to Court's June 23, 2020 Order] filed by The United States of America. (Spector, Sydney) Modified on 6/28/2020 (emt, ). |
| Filing 28 RESPONSE TO THE COURT'S JUNE 23 EO (DKT. 27 ) filed by David Y. Ige. (Attachments: #1 Certificate of Service)(McLean, Nicholas) Modified on 6/28/2020 (emt, ). |
| Filing 27 EO: On 6/23/20, the United States filed a #26 Statement of Interest pursuant to 28 U.S.C. 517, asking the Court to "hold that the Hawaii Governor's sweeping 14-day self-quarantine mandate, which effectively discriminates against out-of-state residents, likely violates Article IV's Privileges and Immunities Clause." ECF No. 26 at 17. Section 517 authorizes the United States to attend to its interests "in a suit pending in a court of the United States," 28 U.S.C. 517, and "submit a statement... expressing its views on relevant issues in which it has an interest." Wortman v. All Nippon Airways, 854 F.3d 606, 617 (9th Cir. 2017). The Ninth Circuit has compared a 517 statement to an amicus brief. See M.R. v. Dreyfus, 697 F.3d 706, 735 (9th Cir. 2012). Notably, non-parties must seek leave to file amicus briefs and courts do not ordinarily consider arguments raised only by amici. See, e.g., Engine Mfrs. Ass'n v. S. Coast Air Quality Mgmt. Dist., 498 F.3d 1031, 1043 (9th Cir. 2007) ("Generally, we do not consider on appeal an issue raised only by an amicus." (internal quotations omitted) (citations omitted)); California v. U.S. Dep't of the Interior, 381 F. Supp. 3d 1153, 1164 (N.D. Cal. 2019) ("The scope of amicus briefs, however, should be limited to the issues raised by the parties." (citation omitted)). In addition, motions are briefed in accordance with Local Rule 7.2, which prohibits further or supplemental briefing without leave of court. With these principles in mind, the United States is ordered to: (1) explain why it should be allowed to submit briefing without leave of court in this expedited matter; (2) identify whether it has an interest in this litigation beyond a general desire to protect its citizens' constitutional rights and, if not, whether the law supports its involvement under such circumstances; and (3) articulate why its involvement is proper when it seeks to expand the scope of this litigation. Indeed, Plaintiffs have not presented a Privileges and Immunities Clause argument in either the Complaint or the Motion for Temporary Restraining Order. The United States' response, not to exceed three (3) pages, is due by 4:00 p.m. on 6/24/20. Plaintiffs and Defendant may submit responses regarding the propriety of the United States' Statement of Interest, subject to the same deadline and page limitation. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 26 STATEMENT re #12 APPLICATION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue STATEMENT OF INTEREST ON BEHALF OF THE UNITED STATES filed by The United States of America. (Spector, Sydney) |
| Filing 25 EO: The Court grants the parties' #24 request to conduct the hearing on the #12 Motion for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue, currently set for 7/2/2020 at 11:00 AM, by video conference. The courtroom manager will provide participants with instructions and information to connect by video prior to the scheduled video conference. Participants must connect to the video conference at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (JUDGE JILL A. OTAKE)(shm) |
| Filing 24 Joint Letter addressed to Judge Jill A. Otake from James Hochberg, Esq. and Craig Iha, Deputy Attorney General, dated June 23, 2020. (emt, ) |
| Filing 23 EO: The parties are directed to provide courtesy copies of all relevant filings in conformance with Local Rule 10.3. (JUDGE JILL A. OTAKE)(shm) |
| Filing 22 EP: Status Conference was conducted by telephone conference. Discussion held re: Notice of Related Case. Defendant wishes to consolidate this case with Civil No. 20-00268-DKW-RT, For Our Rights, et al. v. David Y. Ige, et al. Plaintiffs object to consolidation. Any motion to consolidate shall be filed by noon on 6/23/2020 in Civil No. 20-00268-DKW-RT.The hearing on #12 Motion for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue is SET for 7/2/2020 at 11:00 a.m. before the Honorable Jill A. Otake. Defendant's Opposition is due by noon on 6/25/2020, Plaintiffs Reply is due by noon on 6/29/2020.The Court orders the parties to meet and confer regarding the format of the hearing. A joint letter shall be submitted to Otake_Orders@hid.uscourts.gov no later than 5:00 p.m. on 6/23/2020.(Court Reporter Ann Matsumoto.) (JUDGE JILL A. OTAKE)(shm) |
| Filing 21 NOTICE by David Y. Ige re #20 Notice (Other) of Related Case David Y. Ige. (Iha, Craig) |
| Filing 20 NOTICE by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan of related case: 1-20-cv-00268 Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan. (Meuser, Mark) |
| Filing 19 SUMMONS Returned Executed by Russell Hirsch, Timothy Aaron Carmichael, Holly Carmichael, Brooke McGowan. David Y. Ige served on 6/17/2020. (Meuser, Mark) |
| Filing 18 EO: The Status Conference set for 6/22/2020 at 11:00 AM is ADVANCED TO 6/19/2020 at 11:00 AM before DISTRICT JUDGE JILL A. OTAKE. Pursuant to the June 1, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-636-3807.2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.Any parties or members of the public or media wishing to attend the hearing in person are directed to the court's website for instructions on how to request permission to enter the courthouse. (JUDGE JILL A. OTAKE)(shm) |
| Filing 17 EO: A Status Conference is SET for Monday, June 22, 2020 at 11:00 AM before DISTRICT JUDGE JILL A. OTAKE. Pursuant to the June 1, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-636-3807.2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.Any parties or members of the public or media wishing to attend the hearing in person are directed to the court's website for instructions on how to request permission to enter the courthouse. (JUDGE JILL A. OTAKE)(shm) |
| ADVISORY ENTRY. Incorrect Attorney Filer- Please be advised that Documents #12 APPLICATION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue and #15 Certificate of Service filed by Plaintiffs Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan, were signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, ) |
| ADVISORY ENTRY. Exhibits Not Attached as Separate PDFs - Please be advised that exhibits to the Declaration of James Hochberg included in Document #12 APPLICATION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue filed by Plaintiffs Plaintiffs Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan, are comprised of several exhibits that were not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. (emt, ) |
| Filing 16 EO: On 6/17/20, Plaintiffs filed an #12 Ex Parte Application for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should not Issue. Plaintiffs' counsel represents that he notified the Department of the Attorney General about this Ex Parte Application, but he has not explained why Plaintiffs could not submit a public motion. Local Rule 7.10 ("Any ex parte application must include a declaration that states why a... motion could not be submitted and sets forth the positions of other parties with respect to the request, if known."). Because Plaintiffs should not have filed the Application ex parte, the Court directs the clerk's office to remove the ex parte designation and convert the Application to a motion. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 15 CERTIFICATE OF SERVICE by Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan re #12 EX PARTE Application for a Temporary Restraining Order (Meuser, Mark) Modified on 6/18/2020 Note: Document is signed "/s/ James Hochberg"(emt, ). |
| Filing 14 [RESPONSE ] Letter addressed to Judge Jill A. Otake from Craig I. Iha, Deputy Attorney General, Re: Ex Parte Application for TRO filed by David Y. Ige. (Iha, Craig) Docket text modified on 6/18/2020 (emt, ). |
| Filing 13 NOTICE of Appearance by Craig Y. Iha [Ewan C. Rayner, William M. Levins, Nicholas M. McLean] on behalf of David Y. Ige on behalf of David Y. Ige. (Iha, Craig) Modified on 6/18/2020 to add additional attorneys referenced on Notice of Appearance(emt, ). |
| Filing 12 EX PARTE APPLICATION for a Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Issue ; Memorandum of Points and Authorities Mark P. Meuser appearing for Plaintiffs Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan (Attachments: #1 Declaration James Hochberg, #2 Exhibit Exhibits to Hochberg Declaration, #3 Declaration Joel Hay, #4 Exhibit Hay Ex. 1, #5 Exhibit Hay Ex. 2, #6 Exhibit Hay Ex. 3, #7 Declaration Holly Carmichael, #8 Declaration Brooke McGowan, #9 Declaration Russell Hirsch)(Meuser, Mark) Modified on 6/18/2020 to unrestrict document and correct filing event. Note: This document is signed "/s/ James Hochberg" but is e-filed by Mark Meuser, Esq. (emt, ). (emt, ). |
| Filing 11 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) |
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Filing 10
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MARK P. MEUSER re #3 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/16/2020. (emt, )
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Filing 9
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO HARMEET K. DHILLON re #2 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/16/2020. (emt, )
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| 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, ) |
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Filing 7
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 8/10/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/15/2020. (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, )
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| Filing 6 Summons Issued as to David Y. Ige, in his official capacity as Governor of the State of Hawaii. (emt, ) |
| Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00273 JAO-WRP on all further pleadings. (emt, ) |
| Filing 4 Summons (Proposed) (Hochberg, Lloyd) |
| Filing 3 MOTION for Pro Hac Vice Mark P. Meuser Filing fee $ 300, receipt number 0975-2383292.Lloyd James Hochberg, Jr appearing for Plaintiffs Holly Carmichael, Timothy Aaron Carmichael, Russell Hirsch, Brooke McGowan (Hochberg, Lloyd) |
| Filing 2 MOTION for Pro Hac Vice Harmeet K. Dhillon Filing fee $ 300, receipt number 0975-2383284.Lloyd James Hochberg, Jr appearing for Plaintiff Holly Carmichael (Hochberg, Lloyd) |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief against David Y. Ige ( Filing fee $ 400 receipt number 0975-2383269.), filed by Holly Carmichael. (Attachments: #1 Civil Cover Sheet)(Hochberg, Lloyd) |
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