Kaneapua v. County of Kauai et al
| Joseph Kawailanihuihui Kaneapua |
| Does 1-10, Patrick Porter, Derek S. K. Kawakami, Robin Serquina, Wallace G. Rezentes Jr., Ellsworth Kaleiohi, Ray Ortiz, County of Kauai, Mary K. Hertog, Kauai Police Commission, Todd Raybuck and Kauai Police Department |
| 1:2020cv00316 |
| July 20, 2020 |
| US District Court for the District of Hawaii |
| ALAN C KAY |
| KENNETH J MANSFIELD |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 5 EO: In light of the #4 Findings and Recommendations, the Rule 16 Scheduling Conference previously set for 09/14/2020 IS CONTINUED TO 11/09/2020 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 11/02/2020.In accordance to the the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (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). Plaintiff Joseph Kawailanihuihui Kaneapua has also been served electronically via ECF to the email address of record of killahboii967@gmail.com. |
| Filing 4 FINDINGS AND RECOMMENDATION: (1) GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS; (2) DISMISSING IN PART COMPLAINT FOR VIOLATION OF CIVIL RIGHTS; AND (3) DIRECTING SERVICE - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/31/2020.Based upon the foregoing, the Court FINDS AND RECOMMENDS that the district court:1. GRANT Plaintiff's IFP Application;2. DIRECT SERVICE of the Second Amended Complaint as to Plaintiff's 1983 claim based on alleged violations of the Eighth Amendment against the City;3. DISMISS the remainder of the Complaint as set forth herein.COURT'S 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)(jni) |
Filing 3
Order Setting Rule 16 Scheduling Conference is set for 9:30 AM on 9/14/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/20/2020. (Attachments: #1 Memo Re: Corporate Disclosure Statements)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants served by First Class Mail on 7/21/2020 to the address of record listed on the Notice of Electronic Filing (NEF)(jni)
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Joseph Kawailanihuihui Kaneapua. (jni) |
| Filing 1 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS; DEMAND FOR JURY TRIAL, against All Defendants, filed by Joseph Kawailanihuihui Kaneapua. (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Proposed Summons, #4 Civil Cover Sheet, #5 Mailing Envelope)(jni) |
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