Kealoha v. Espinda
| Kristopher Kealoha |
| Thailand Holani, Frank Kepa, John Does 1-20, Nolan Espinda, Scott Harrington, Shari Kimoto, Jessie Makepa, Michael Hoffman, Joanne White and ACO Binger |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00323 |
| July 21, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 100
ORDER DENYING PLAINTIFF'S MOTION FOR EMERGENCY INJUNCTIVE RELIEF re #4 - Signed by JUDGE JILL A. OTAKE on 9/18/2020. (emt, )
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| Filing 96 Supplemental Declaration of Kristopher Kealoha re #4 Emergency MOTION for Preliminary Injunction . (Attachments: #1 Certificate of Service)(Schoettle, Walter) Modified on 9/17/2020 (emt, ). |
| Filing 95 EXHIBIT C and D. filed by Kristopher Kealoha. Related document: #4 Emergency MOTION for Preliminary Injunction filed by Kristopher Kealoha. (Attachments: #1 Exhibit Exhibit C, #2 Exhibit Exhibit D, #3 Certificate of Service)(Schoettle, Walter) |
| Filing 94 Scheduling Conference Statement by Defendants. (Attachments: #1 Certificate of Service)(Cregor, John) |
| Filing 93 Plaintiff's Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Schoettle, Walter) Modified on 9/16/2020 (emt, ). |
| Filing 92 Joint REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Schoettle, Walter) Modified on 9/16/2020 (emt, ). |
| Filing 99 (EVIDENTIARY HEARING) Defendants' Exhibit List for Hearing on Plaintiff Kristopher Kealoha's Emergency Motion for Preliminary Injunction - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (emt, ) |
| Filing 98 (EVIDENTIARY HEARING) Defendants' Witness List in Preparation for Hearing on Plaintiff Kristopher Kealoha's Emergency Motion for Preliminary Injunction - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (emt, ) |
| Filing 97 (EVIDENTIARY HEARING) Plaintiff's Witness List - filed by Kristopher Kealoha.(emt, ) |
| Filing 91 EP: Evidentiary Hearing on #4 Plaintiff's Emergency Motion for Preliminary Injunction was conducted by video teleconference. Plaintiff Kristopher Kealoha participated by video teleconference. After hearing testimony of Plaintiff Kealoha, Judge Otake disclosed her involvement in the prosecution of the USO prison gang criminal matter while serving as an Assistant U.S. Attorney for the District of Hawaii. Judge Otake invited the parties to confer and raise any objections or motions to disqualify. Plaintiff Kealoha and Attorney Schoettle conducted a private conversation. Parties did not object to Judge Otake presiding over this case. Plaintiff's Witnesses: 1) Henry Hope (CST for Direct and Cross Examination)2) Lisa Itomura - Court conducts colloquy; objection noted. Witness is excused.3) Kristopher Kealoha (CST for Direct, Cross, and Re-Direct Examination) Plaintiff rests.Defendants' Witnesses: 1) Valerie Buis (CST for Direct, Cross, Re-Direct and Re-Cross Examination)2) Muriel Ah Quin (CST for Direct Examination)3) Joanna-Jacklyn White (CST for Direct and Cross Examination) Defendants' Admitted Exhibits: 1-C, 1-N, 1-O, 1-P, 1-S, 1-T, 1-V, 1-Y and 2 Defendant rests.Oral arguments heard. #4 Plaintiff's Emergency Motion for Preliminary Injunction - TAKEN UNDER ADVISEMENT. Parties' deadline to submit their Declaration attaching supplemental exhibits for consideration on the Court's ruling on Plaintiff's Motion for Preliminary Injunction is due by 5:00 p.m. on 9/16/2020. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) |
| Filing 90 Additional Exhibit ("AA") re #49 Submitted for Consideration Regarding Plaintiff Kristopher Kealoha's Emergency Motion for Preliminary Hearing i> filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Exhibit AA, #2 Certificate of Service)(Cregor, John) Modified on 9/15/2020 (emt, ). |
| Filing 89 EO: The Court issues the following rulings concerning outstanding matters:(1) Plaintiff is precluded from calling the Warden of the Federal Detention Center ("FDC") as a witness at the evidentiary hearing. The law is clear that the Court lacks the authority to order Plaintiff's transfer to FDC and/or for FDC to accept him. Therefore, any testimony from the FDC Warden would be irrelevant.(2) The Court DENIES Plaintiff's unauthorized #88 Motion in Limine. Hearsay objections are properly raised during the hearing and will be addressed at that time. It is unclear why Plaintiff waited to file the Motion until effectively one business day before the hearing, without leave of court, when he was aware of Defendants' exhibits since 8/24/20. With respect to Plaintiff's request to exclude Mr. Cregor from the hearing, Magistrate Judge Trader already informed Plaintiff on 8/18/20 that any issues concerning Mr. Cregor's purported conflict must be raised by formal motion. ECF No. 43 ("Mr. Schoettle reports that he is currently prosecuting a state court lawsuit with Mr. Cregor as a Defendant. As such, he believes a conflict exists such that, discussions with Mr. Cregor concerning this matter not appropriate. Mr. Schoettle informed that absent an agreement resolving this potential conflict, the Court will require it be raised by formal motion." (emphasis added)). Plaintiff has not filed the contemplated motion, despite having over three weeks to do so. The Court will not exclude Mr. Cregor, whose conflict has yet to be decided, and who has coordinated witness videoconference appearances for the hearing, including Plaintiff's. These last minute tactics to disrupt proceedings will not be condoned. Plaintiff is cautioned that these efforts, which if entertained would delay the proceedings, undermine his claims of immediate and irreparable harm.(3) Witness testimony limits are as follows: a. Scott Harrington, Warden of Halawa Correctional Facility - 5 minutesb. Captain Joanna-Jacklyn White - 10 minutesc. Valerie Buis, RN - 8 minutesd. Muriel Ah Quin, RN - 5 minutese. Lieutenant Henry Hope, Jr. - 5 minutesf. Kristopher Kealoha - 30 minutesg. Custodian of Medical Records, Hawaii Department of Public Safety Corrections Division - 1 minute (JUDGE JILL A. OTAKE)(shm) |
| Filing 88 MOTION in Limine Walter R. Schoettle appearing for Plaintiff Kristopher Kealoha (Attachments: #1 Declaration of Walter R. Schoettle , #2 Certificate of Service)(Schoettle, Walter) Modified on 9/10/2020 (emt, ). |
| Filing 87 TRIAL BRIEF MEMORANDUM Re: Authority to Order Transfer of Prisoner. filed by Kristopher Kealoha. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Schoettle, Walter) Modified on 9/10/2020 (emt, ). |
| Filing 86 EO: The parties' exhibit lists are nearly identical. ECF Nos. 84, 85. As such, the Court orders the parties to meet and confer about the possibility of stipulating to admit all or some of the exhibits so that certain witnesses need not testify at the evidentiary hearing. The parties shall notify the Court about the outcome of their discussions by 2:00 p.m. on 9/10/20. (JUDGE JILL A. OTAKE)(shm) |
| Filing 85 Exhibit List . filed by Kristopher Kealoha. (Attachments: #1 Certificate of Service)(Schoettle, Walter) |
| Filing 84 Defendants' EXHIBIT LIST for Hearing on Plaintiff Kristopher Kealoha's Emergency Motion for Preliminary Injunction (ECF No. #4 ) Additional Exhibits to Defendants Memorandum in Opposition to Plaintiff's Motion for Emergency Injunctive Relief (ECF No. 49) filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Certificate of Service)(Cregor, John) Modified on 9/8/2020 (emt, ). |
| Filing 83 EO: Plaintiff is directed to file a supplemental memorandum, not to exceed three (3) pages, presenting binding case law regarding the Court's authority (1) to order that Plaintiff be transferred to another facility (state or federal) and (2) to order the Federal Detention Center ("FDC") to accept the transfer. This issue is distinguishable from the Court's prior inquiry about whether, as a practical matter, FDC is currently accepting state inmates. The memorandum is due by 4:30 p.m. on 9/9/20. (JUDGE JILL A. OTAKE)(shm) |
| Filing 78 Witness List in Preparation for Hearing on Plaintiff Kristopher Kealoha's Emergency Motion for Preliminary Injunction ECF No. #4 filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Certificate of Service)(Cregor, John) Modified on 9/8/2020 (emt, ). |
| Filing 77 Witness List. filed by Kristopher Kealoha. (Attachments: #1 Certificate of Service)(Schoettle, Walter) |
| Filing 67 EO: Hearing on #4 Plaintiff's Emergency Motion for Preliminary Injunction is SET for 9/11/2020 at 10:00 AM before JUDGE JILL A. OTAKE. In light of Defendants' intention to present testimony at the hearing on Plaintiff's Emergency Motion for Preliminary Injunction, the Court elects to conduct the hearing by video teleconference (VTC). Defendants must ensure witness availability via VTC and counsel shall coordinate with the courtroom manager for all logistics, including but not limited to the presentation of exhibits. The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled video conference. The parties are directed to meet and confer in order to ensure that there is no duplication of witnesses. The parties must file Witness Lists no later than noon on Friday, September 4, 2020. The Witness Lists shall indicate the expected length of each witness' testimony. Exhibit Lists are due on Tuesday, September 8, 2020 at noon. Upon reviewing the Witness Lists, the Court will set time limits for testimony.Witnesses will not be allowed to listen to one another's testimony. Should more than one witness testify from the same location, an attorney for the party calling those witnesses must be present in the room from which the testimony is given. The attorney will be required to affirm under oath that the testifying witnesses were unable to listen to the testimony of the other witnesses.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 82 Transmittal Letter from Department of Public Safety, dated August 19, 2020 re #79 , #80 , #81 . (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 81 WAIVER OF SERVICE Returned Executed by Jessie Makepa. [ Copy of Waiver received from Department of Public Safety, see ECF No. #75 Waiver Returned Executed.] (emt, ) |
| Filing 80 WAIVER OF SERVICE Returned Executed by Frank Kepa. [Copy of Waiver received from Department of Public Safety, see ECF No. #72 Waiver Returned Executed.] (emt, ) |
| Filing 79 WAIVER OF SERVICE Returned Executed by Thailand Holani. [Copy of Waiver received from Department of Public Safety, see ECF No. #69 Waiver Returned Executed.] (emt, ) |
| Filing 76 Summons Returned Unexecuted as to Jessie Makepa. (emt, ) |
| Filing 75 WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Jessie Makepa. Jessie Makepa waiver sent on 7/25/2020, answer due 9/23/2020. (emt, ) |
| Filing 74 Process Receipt and Return - USM 285 Complaint and Waiver(s) emailed on behalf of Plaintiff to the State of Hawaii, Department of Public Safety Litigation Coordinators for Defendant Jessie Makepa on or around 7/24/2020. Signed waiver(s) received by the U.S. Marshals Service on 8/26/2020 re : #34 Summons Issued as to Jessie Makepa. (emt, ) |
| Filing 73 Summons Returned Unexecuted as to Frank Kepa. (emt, ) |
| Filing 72 WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Frank Kepa. Frank Kepa waiver sent on 7/25/2020, answer due 9/23/2020. (emt, ) |
| Filing 71 Process Receipt and Return - USM 285 Complaint and Waiver(s) emailed on behalf of Plaintiff to the State of Hawaii, Department of Public Safety Litigation Coordinators for Defendant Frank Kepa on or around 7/24/2020. Signed waiver(s) received by the U.S. Marshals Service on 8/26/2020 re: #33 Summons Issued as to Frank Kepa. (emt, ) |
| Filing 70 Summons Returned Unexecuted as to Thailand Holani. (emt, ) |
| Filing 69 WAIVER OF THE SERVICE OF SUMMONS Returned Executed by Thailand Holani. Thailand Holani waiver sent on 7/25/2020, answer due 9/23/2020. (emt, ) |
| Filing 68 Process Receipt and Return - USM 285 Complaint and Waiver(s) emailed on behalf of Plaintiff to the State of Hawaii, Department of Public Safety Litigation Coordinators for Defendant Thailand Holani on or around 7/24/2020. Signed waiver(s) received by the U.S. Marshals Service on 8/26/2020 re: #32 Summons Issued to Thailand Holani. (emt, ) |
| Filing 66 RESPONSE to #49 Defendants' Opposition to #4 Emergency Motion for Preliminary Injunctive Relief filed by Kristopher Kealoha. (Attachments: #1 Certificate of Service)(Schoettle, Walter) Modified on 9/1/2020 to add linkage to underlying motion, docket text modified (emt, ). |
| Filing 65 ANSWER to #1 Complaint, by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Certificate of Service)(Cregor, John) |
| Filing 64 EO: The Court GRANTS #63 Plaintiff's Motion for Extension of Time to File Administrative Defendants' Opposition to Emergency Motion for Preliminary Injunction and extends his deadline to file a reply until noon on 8/31/20. However, due to this extension, the hearing will be continued to a later date, to be noticed by the Court. (JUDGE JILL A. OTAKE)(shm) |
| Filing 63 MOTION for Extension of Time to File Response to Opposition to Emergency Motion for Injunctive Relief Walter R. Schoettle appearing for Plaintiff Kristopher Kealoha (Attachments: #1 Declaration of Walter R. Schoettle, #2 Certificate of Service)(Schoettle, Walter) Docket text modified on 8/30/2020 (emt, ). |
| Filing 62 Memorandum in Response to ECF No. #59 Request for Realtime Court Reporting Services for Trial from John M. Cregor, Jr., Deputy Attorney General, dated August 27, 2020. (emt, ) |
| Filing 60 EO: After reviewing defense counsel's letters regarding videoconference capabilities, the Court will proceed with the 9/2/20 hearing on #4 Plaintiff's Emergency Motion for Preliminary Injunction via video teleconference (VTC). Defendants must ensure witness availability via VTC and counsel shall coordinate with the courtroom manager for all logistics, including but not limited to the presentation of exhibits.The courtroom manager will provide the participants with instructions and VTC connection information prior to the scheduled hearing. (JUDGE JILL A. OTAKE)(shm) |
| Filing 59 REQUEST for Realtime Court Reporting Services for an evidentiary hearing on Plaintiff's Emergency Motion for Preliminary Injunction set for 9/2/2020 at 9:00 a.m. before DISTRICT JUDGE JILL A. OTAKE. (shm) |
| Filing 61 SUBMISSION OF EXHIBIT 2 (Flash Drive) to Appendix to #49 Defendants' Memorandum in Opposition to Plaintiff Kristopher Kealoha's Motion for Preliminary Injunction - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. Exhibit 2 (Flash Drive) retained by the Clerk's Office. (emt, ) |
| Filing 58 SEALED EXHIBIT 1-T to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief -filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 57 SEALED EXHIBIT 1-S to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 56 SEALED EXHIBIT 1-Q to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 55 SEALED EXHIBIT 1-P to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 54 SEALED EXHIBIT 1-O to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL. (emt, ) (emt, ). |
| Filing 53 SEALED EXHIBIT 1-N to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 52 SEALED EXHIBIT 1-M to #49 Defendants Nolan Espinda, Shari Kimoto, Michael Hoffman, and Scott Harrington's Memorandum in Opposition to Plaintiff Christopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ]) - filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. SEALED pursuant to ECF No. #48 ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL (emt, ) (emt, ). |
| Filing 51 EO: In light of Defendants' intention to present testimony at the hearing on Plaintiff's Emergency Motion for Preliminary Injunction, the Court elects to conduct the hearing by Zoom. The courtroom manager will provide the 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 50 Additional Exhibits to #49 Memorandum in Opposition to Motion,,, filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Exhibit 1-F)(Cregor, John) |
| Filing 49 MEMORANDUM in Opposition to Plaintiff Kristopher Kealoha's Motion for Emergency Injunctive Relief (ECF No. #4 ) filed by Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto. (Attachments: #1 Appendix, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-G, #8 Exhibit 1-H, #9 Exhibit 1-I, #10 Exhibit 1-J, #11 Exhibit 1-K, #12 Exhibit 1-L, #13 Exhibit 1-M, #14 Exhibit 1-N, #15 Exhibit 1-O, #16 Exhibit 1-P, #17 Exhibit 1-Q, #18 Exhibit 1-R, #19 Exhibit 1-S, #20 Exhibit 1-T, #21 Exhibit 1-U, #22 Exhibit 1-V, #23 Exhibit 1-W, #24 Exhibit 1-X, #25 Exhibit 1-Y, #26 Exhibit 2, #27 Exhibit 3, #28 Exhibit 4, #29 Certificate of Service)(Cregor, John) Modified on 8/25/2020 to add linkage to underlying motion (emt, ). Modified on 8/26/2020 to add linkage to SEALED EXHIBITS 1-M, 1-N, 1-O, 1-P, 1-Q, 1-S, 1-T, ECF Nos. #52 , #53 , #54 , #55 , #56 , #57 , #58 (emt, ). |
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Filing 48
ORDER GRANTING DEFENDANTS NOLAN ESPINDA, SHARI KIMOTO, MICHAEL HOFFMAN, AND SCOTT HARRINGTON'S MOTION FOR LEAVE TO FILE EXHIBITS "1-M", "1-N", "1-O", "1-P", "1-Q", "1-S", AND "1-T" UNDER SEAL re #46 - Signed by JUDGE JILL A. OTAKE on 8/24/2020. (emt, )
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| Filing 47 EO: Defendants are directed to submit the exhibits that are the subject of their #46 Motion to Seal to otake_orders@hid.uscourts.gov. (JUDGE JILL A. OTAKE)(shm) |
| Filing 46 MOTION to Seal Document [Exhibits 1-M, 1-N, 1-O, 1-P, 1-Q, 1-S and 1-T] John M. Cregor, Jr appearing for Defendants Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto (Attachments: #1 Declaration of John M. Cregor, Jr., #2 Certificate of Service)(Cregor, John) |
| Filing 45 EO: The Court is in receipt of defense counsel's #44 letter dated 8/20/20 requesting a 24-hour extension of the deadline to file a response to Plaintiff's Emergency Motion for Preliminary Injunction. Defense counsel has known about the deadline since 8/18/20, so the Court finds disingenuous his claim that Admissions Day will preclude him from conferring with State employees to obtain necessary information to oppose the Emergency Motion. Accordingly, the Court GRANTS IN PART AND DENIES IN PART the request. Defendants response remains due on 8/24/20 but the filing time is extended from noon to 5:00 p.m. Plaintiff's deadline remains unchanged. (JUDGE JILL A. OTAKE)(shm) |
| Filing 44 Letter requesting a 24-hour extension to file responsive memorandum addressed to Judge Jill A. Otake from John M. Cregor, Jr., Deputy Attorney General, dated August 20, 2020. (emt, ) |
| Filing 43 EP: TELEPHONE CONFERENCE held.Pending Motions [ECF 38, 4 and 39]:Discussion had regarding Defendants Nolan Espinda, Shar Kimoto, Michael Hoffman, and Scott Harrington's Motion for Extension of Time to Respond to Plaintiff's Complaint, dated July 21, 2021 ("Motion for Extension of Time") [ECF 38]. By agreement of the parties, Defendants' Motion for Extension of Time [ECF 38] is GRANTED. The deadline for Defendants to answer or respond to the Complaint [ECF 1] is EXTENDED to 08/28/2020. With respect to Plaintiff's Motion for Emergency Injunctive Relief [ECF 4] and Plaintiff's Request for hearing on Plaintiff's Emergency Motion for Injunctive Relief [ECF 39], District Judge Otake will address in due course. In anticipation that a hearing may be convened with pandemic-related mitigation measures in place, the Court encourages counsel to discuss in good faith whether agreement may be reached to narrow the legal issues and streamline presentation of evidence. Mr. Schoettle reports that he is currently prosecuting a state court lawsuit with Mr. Cregor as a Defendant. As such, he believes a conflict exists such that, discussions with Mr. Cregor concerning this matter not appropriate. Mr. Schoettle informed that absent an agreement resolving this potential conflict, the Court will require it be raised by formal motion. Court to update District Judge Otake. Rule 16 Scheduling Conference Confirmed:Court confirms Rule 16 Scheduling Conference set for 09/21/2020 at 9:00 a.m. before Magistrate Judge Trader. Scheduling Conference Statements due 09/14/2020.In accordance with the In accordance with the August 13, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, this conference will be conducted by telephone. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as 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. (ATT / 1:48 - 2:04) (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 42 EO: The Court GRANTS Plaintiff's #39 Request for Hearing on Plaintiff's Emergency Motion for Injunctive Relief. Although the Court indicated that it would not take action on the Emergency Motion until all Defendants are properly served, the Office of the Attorney General has appeared on behalf of the Defendants who could accord the relief sought, if at all. The remaining Defendants are unnecessary for the disposition of the Emergency Motion. The Court sets the hearing on the #4 Emergency Motion at 9:30 a.m. on 9/2/20. Defendants' response is due by noon on 8/24/20. Plaintiff's reply is due by noon on 8/28/20. In his reply, Plaintiff must address whether his requested relief-transfer to the Federal Detention Center-would even be permitted by FDC.Pursuant to the August 13, 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. (JUDGE JILL A. OTAKE)(shm) |
| Filing 41 EO: Due to a scheduling conflict, the Telephone Conference set for 08/18/2020 at 11:00 a.m. before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 11:30 a.m. same date. Call-in instructions previously provided. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 40 EO: Court sets a Confidential Telephone Conference for 08/18/2020 at 11:00 a.m. before MAGISTRATE JUDGE ROM TRADER. Courtroom Manager to provide dial-in instructions. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 39 REQUEST for Hearing on Plaintiff's Emergency Motion for Injunctive Relief, filed July 21, 2020 by Kristopher Kealoha. (Attachments: #1 Certificate of Service)(Schoettle, Walter) Modified on 8/17/2020 to correct filing event (emt, ). |
| Filing 38 MOTION for Extension of Time to File Answer [Defendants' Motion for an Extension of Time to Respond to Plaintiff's Complaint, dated July 21, 2020] John M. Cregor, Jr appearing for Defendants Nolan Espinda, Scott Harrington, Michael Hoffman, Shari Kimoto (Attachments: #1 Declaration of John M. Cregor, Jr., #2 Certificate of Service)(Cregor, John) |
| Filing 37 CERTIFICATE OF SERVICE by Kristopher Kealoha re #4 Emergency MOTION for Preliminary Injunction (Schoettle, Walter) |
| Filing 36 Letter to Clerk from Kristopher Kealoha dated July 23, 2020. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 35 Summons Issued as to Joanne White. (emt, ) |
| Filing 34 Summons Issued as to Jessie Makepa. (emt, ) |
| Filing 33 Summons Issued as to Frank Kepa. (emt, ) |
| Filing 32 Summons Issued as to Thailand Holani. (emt, ) |
| Filing 31 Summons Issued as to ACO Binger. (emt, ) |
| Filing 30 Summons (Proposed) (Schoettle, Walter) |
| Filing 29 Summons (Proposed) (Schoettle, Walter) |
| Filing 28 Summons (Proposed) (Schoettle, Walter) |
| Filing 27 Summons (Proposed) (Schoettle, Walter) |
| Filing 26 Summons (Proposed) (Schoettle, Walter) |
| Filing 25 Letter from the Clerk's Office to Walter R. Schoettle, Esq. re ECF No. #8 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS, dated July 30, 2020. (emt, ) |
| Filing 24 Summons Issued as to ACO Binger. (emt, ) |
| Filing 23 Summons Issued as to Jessie Makepa. (emt, ) |
| Filing 22 Summons Issued as to Thailand Holani. (emt, ) |
| Filing 21 Summons Issued as to Frank Kepa. (emt, ) |
| Filing 20 Summons Issued as to Joanne White. (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of #8 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and the forms and/or documents identified in the Clerk's Letter dated July 30, 2020 shall be served by First Class Mail to Walter R. Schoettle, Esq. at the address of record on July 31, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 19 EO: The Court notifies Plaintiff that it will not take any action on his #4 Emergency Motion for Preliminary Injunction until all Defendants are properly served and the Office of the Attorney General appears. (JUDGE JILL A. OTAKE)(shm) |
| Filing 18 AFFIDAVIT of Service of Complaint, Order Setting Rule 16 Scheduling Conference, Demand for Jury Trial, Motion for Emergency Injunctive Relief, Declaration of Kristopher Kealoha, and Memorandum in Support of Motion served on Nolan Espinda, Shari Kimoto, Michael Hoffman, Scott Harrington, Hon. Clare Connors, Esq. on 7/28/2020, filed by Kristopher Kealoha. (Attachments: #1 Certificate of Service)(Schoettle, Walter) |
| Filing 17 Summons Issued as to Scott Harrington. (emt, ) |
| Filing 16 Summons Issued as to Michael Hoffman. (emt, ) |
| Filing 15 Summons Issued as to Shari Kimoto. (emt, ) |
| Filing 14 Summons Issued as to Nolan Espinda. (emt, ) |
| Filing 13 Summons (Proposed) (Schoettle, Walter) |
| Filing 12 Summons (Proposed) (Schoettle, Walter) |
| Filing 11 Summons (Proposed) (Schoettle, Walter) |
| Filing 10 Summons (Proposed) (Schoettle, Walter) |
| COURT'S CERTIFICATE of Service - a copy of the #8 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS has been served by First Class Mail to the Warden and Financial Office at Halawa Correctional Facility, 99-902 Moanalua Rd. Aiea, HI 96701 on July 24, 2020. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii received the order electronically. A copy of the Order has been served by email to the U.S. Marshals Service for the District of Hawaii. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 9 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, ) |
|
Filing 8
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS re #3 - Signed by JUDGE JILL A. OTAKE on 7/23/2020. (emt, )
|
| ADVISORY ENTRY. The filing party may file a proposed summons for issuance by the Clerk's Office. The summons form is available on the Court's website, www.hid.uscourts.gov. Once completed, the form may be e-filed by selecting the filing event "Summons (Proposed)" from the "Service of Process" category. The Clerk's Office will then issue the summons. (emt, ) |
| Filing 7 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) |
|
Filing 6
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 9/21/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/21/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) 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, )
|
| Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00323 JAO-RT on all further pleadings. (emt, ) |
| Filing 4 Emergency MOTION for Preliminary Injunction Walter R. Schoettle appearing for Plaintiff Kristopher Kealoha (Attachments: #1 Declaration Declaration of Kristopher Kealoha, #2 Memorandum Memorandum in Support of Motion)(Schoettle, Walter) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis Walter R. Schoettle appearing for Plaintiff Kristopher Kealoha (Schoettle, Walter) |
| Filing 2 COMPLAINT civil cover sheet against Kristopher Kealoha, filed by Kristopher Kealoha.(Schoettle, Walter) Modified on 7/21/2020 (emt, ). |
| Filing 1 COMPLAINT , Demand for Jury Trial against All Defendants, filed by Kealoha Kristopher.(Schoettle, Walter) Modified on 7/21/2020 The following documents were listed in the caption of the Complaint but were not included: "Motion for Emergency Injunctive Relief; Declaration of Kristopher Kealoha; Memo-randum in Support of Motion". (emt, ). |
| ADVISORY ENTRY. Re: #1 Complaint filed by Kristopher Kealoha. Please be advised that the documents referenced in the caption of the Complaint were not included with the filing and should be filed as separate documents. The Motion for Emergency Injunctive Relief and its supporting documents (referenced in the caption of the Complaint), shall be filed by selecting the appropriate relief from the "Motions" category. Any supporting documents to the motion shall be attached as separate pdfs and labeled, see Section 5.0 Exhibits of the CM/ECF Procedures Guide. If the filing party had intended to file a Motion to Proceed In Forma Pauperis, that document shall be filed as well by selecting the appropriate relief from the the "Motions" category. In the alternative, the filing fee may be paid by selecting the event "Payment of Fees" from the "Other Documents" category. (emt, ) |
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