Kelley O'Neil's Inc. et al v. Ige et al
| Anna O'Brien's Inc., O'Toole's Irish Pub Inc., Irish Rose Saloon Inc., Dos Kalbos Enterprises LLC and Kelley O'Neil's Inc. |
| Kirk Caldwell, David Y. Ige, Clare E. Connors, City and County of Honolulu and State of Hawaii |
| 1:2020cv00449 |
| October 20, 2020 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 EO: COURT ORDER SUMMARY RULING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 28 EP: MOTION for Preliminary Injuction #6 held.Arguments heard. Motion taken under submission. Court will issue a summary of its decision by Friday 12/18/2020. If the parties wish to file a motion for reconsideration, they must wait until the written order is filed to do so. (Reporter-Debra Read) (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 27 EO: COURT ORDER REGARDING THE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY INUNCTION On October 20, 2020, Plaintiffs Kelley O'Neil's Inc., Irish Rose Saloon Inc., Anna O'Briens Inc., O'Toole's Irish Pub Inc., and Dos Kalbos Enterprises LLC filed their Motion for Preliminary Injunction ("Motion"). [Dkt. no. 6.] The Motion is currently set for hearing on December 16, 2020. At the hearing the parties should be prepared to present argument specifically related to:1. the nature of the property interest at stake with respect to liquor licenses, and the corresponding level of scrutiny, including, but not limited to, intermediate scrutiny; and2. how the rational basis standard of review applies to the distinction between bars and restaurants in light of both dine-in and carry-out service options. IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI)(jp) Modified on 12/15/2020 (jp). |
| Filing 26 EO: re: #6 MOTION for Preliminary Injunction . Motion Hearing is rescheduled from 12/15/2020 to 12/16/2020 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. For in-court proceedings before Judge Kobayashi, counsel, parties, interpreters and anyone else who will be speaking during the proceedings are required to obtain and bring their own face shield, and to wear it when speaking in court. The face shield is required to help make sure that the court reporter and others can hear and understand the person speaking. To be clear, this requirement does not excuse anyone from the general rule that requires wearing a face mask when entering and being in the courthouse. Once in Judge Kobayashi's Courtroom, all counsel, parties, interpreters or anyone else who will be speaking during the proceeding may then replace their face mask with the required face shield. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 25 REPLY in Further Support of #6 MOTION for Preliminary Injunction filed by Anna O'Brien's Inc., Dos Kalbos Enterprises LLC, Irish Rose Saloon Inc., Kelley O'Neil's Inc., O'Toole's Irish Pub Inc.. (Attachments: #1 Exhibit HLC Guide for Liquor Licenses, #2 Exhibit A: Emergency Order 1, #3 Exhibit B: Emergency Order 21, #4 Exhibit C: Emergency Order 27, #5 Exhibit D: Emergency Order 30, #6 Exhibit E: Honolulu's COVID-19 Recovery Framework)(DiPasquale, James) Modified on 12/8/2020 (emt, ). |
| Filing 24 EO: Plaintiff's email request (Dkt. #23 ) is GRANTED. Reply deadline regarding Dkt. #6 , is now due on 12/7/2020. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 23 Email request from James DiPasquale for an extension of Plaintiff's reply regarding Dkt. #6 . (afe) |
| Filing 22 MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction filed by Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Declaration Declaration Of Sarah K. Kemble, M.D., #2 Declaration Declaration Of David D. Day, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Appendix Appendix A, #8 Appendix Appendix B, #9 Appendix Appendix C, #10 Appendix Appendix D, #11 Appendix Appendix E, #12 Appendix Appendix F, #13 Appendix Appendix G, #14 Appendix Appendix H, #15 Appendix Appendix I, #16 Certificate of Service Certificate Of Service)(Day, David) |
| Filing 21 MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction filed by Kirk Caldwell, City and County of Honolulu. (Attachments: #1 Declaration of Hirokazu Toiya, #2 Declaration of Anna Hirai, #3 Exhibit A, #4 Exhibit B)(Kohn, Robert) |
| Filing 20 EO: Per the request of counsel, the Telephonic Rule 16 Scheduling Conference set for 12/21/2020 at 08:30AM is CONTINUED to 2/23/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) Modified on 11/9/2020 (laa, ). |
| Filing 19 EP: Status Conference held by video teleconference (VTC).Counsel, present by (VTC) or video teleconference.Court addresses Motion (Dkt. #6 ) for Preliminary Injunction.Discussion held. Motion Hearing is set for 12/15/2020 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Opposition Memorandum due: 11/24/2020Reply Memorandum due: 12/1/2020Counsel is directed to contact Judge Trader to reschedule the Rule16 conference hearing.(Reporter-Ann Matsumoto) (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 18 EO: The Court ADVANCES the Telephonic Rule 16 Scheduling Conference set for 12/21/2020 at 09:00 AM to 08:30 AM the same day before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 17 NOTICE of Appearance by Nicolette Winter on behalf of Kirk Caldwell, City and County of Honolulu on behalf of Kirk Caldwell, City and County of Honolulu. (Attachments: #1 Certificate of Service)(Winter, Nicolette) |
| Filing 16 NOTICE of Appearance by Robert M. Kohn on behalf of Kirk Caldwell, City and County of Honolulu on behalf of Kirk Caldwell, City and County of Honolulu. (Kohn, Robert) |
| Filing 15 EO: Status Conference by video conference is rescheduled for 11/6/2020 at 01:30 PM before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 14 NOTICE of Appearance by Christopher J.I. Leong on behalf of Clare E. Connors, David Y. Ige, State of Hawaii on behalf of Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(Leong, Christopher) |
| Filing 13 NOTICE of Appearance by David D. Day on behalf of Clare E. Connors, David Y. Ige, State of Hawaii on behalf of Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(Day, David) |
| Filing 12 NOTICE of Appearance by Craig Y. Iha on behalf of Clare E. Connors, David Y. Ige, State of Hawaii on behalf of Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(Iha, Craig) |
| Filing 11 NOTICE of Appearance by Nicholas Matthew McLean on behalf of Clare E. Connors, David Y. Ige, State of Hawaii on behalf of Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(McLean, Nicholas) |
| Filing 10 NOTICE of Appearance by Ewan C. Rayner on behalf of Clare E. Connors, David Y. Ige, State of Hawaii on behalf of Clare E. Connors, David Y. Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(Rayner, Ewan) |
| Filing 9 EO: COURT ORDER SETTING STATUS CONFERENCEOn October 20, 2020, Plaintiffs Kelley O'Neil's Inc., Irish Rose Saloon Inc., Anna O'Briens Inc., OToole's Irish Pub Inc., and Dos Kalbos Enterprises LLC filed their Motion for Preliminary Injunction ("Motion"). [Dkt. no. #6 .] Although the Motion makes a passing reference to a temporary restraining order ("TRO"), see Motion at 19, it is clear the relief sought is a preliminary injunction, and not a TRO, see id. (requesting the Court grant a preliminary injunction). Therefore, Motion is not construed as seeking a TRO. Accordingly, a status conference is hereby set for November 6, 2020 at 9:45 a.m. to discuss the scheduling of a hearing on the Motion. The status conference will take place via video conference. The courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least ten (10) minutes prior to the scheduled start time. (JUDGE LESLIE E. KOBAYASHI) (afe) |
| Filing 8 CERTIFICATE of Counsel Certification of Service of #6 Motion for Preliminary Injunction. (DiPasquale, James) Modified on 10/30/2020 (emt, ). |
| Filing 7 AFFIDAVIT of Service for Summons & Complaint (Summonses returned executed - David Ige served 10/28/2020, Clare E. Connors served 10/28/2020, State of Hawaii served 10/28/2020, Kirk Caldwell served 10/28/2020, City and County of Honolulu served 10/28/2020) served on All Defendants on 10/28/2020, filed by Anna O'Brien's Inc., Dos Kalbos Enterprises LLC, Irish Rose Saloon Inc., Kelley O'Neil's Inc., O'Toole's Irish Pub Inc.. (DiPasquale, James) Modified on 10/30/2020 (emt, ). |
| ADVISORY ENTRY. Exhibits not Labeled - Please be advised that exhibits attached to Document #1 Complaint and #6 MOTION for Preliminary Injunction filed by Plaintiffs Kelley O'Neil's Inc, et al. , are not labeled. The filing party may refer to LR10.2.(d) Exhibits, Declarations, and Affidavits, which states " All exhibits attached to documents shall show the exhibit number or letter at the bottom of the first page of the exhibit." No further action is necessary. (emt, ) |
| Filing 6 MOTION for Preliminary Injunction James Dennis DiPasquale appearing for Plaintiffs Anna O'Brien's Inc., Dos Kalbos Enterprises LLC, Irish Rose Saloon Inc., Kelley O'Neil's Inc., O'Toole's Irish Pub Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Affidavit of Robert Godaire, #9 Affidavit of William Comerford)(DiPasquale, James) Modified on 10/21/2020 (emt, ). |
| Filing 5 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 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/21/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/20/2020. (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, )
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| Filing 3 Summons Issued as to All Defendants. (emt, ) |
| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00449 LEK-RT on all further pleadings. (emt, ) |
| Filing 1 COMPLAINT with Jury Demand against Kirk Caldwell, City and County of Honolulu, Claire E Connors, David Y. Ige, State of Hawaii ( Filing fee $ 400 receipt number 0975-2437680.), filed by Anna O'Brien's Inc., Irish Rose Saloon Inc., Kelley O'Neil's Inc., O'Toole's Irish Pub Inc., Dos Kalbos Enterprises LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit Exhibit BB, #29 Proposed Summons, #30 Civil Cover Sheet, #31 Corporate Disclosure Statement )(DiPasquale, James) Modified on 10/20/2020 (emt, ). |
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