McCoy vs. State of Hawaii Department of Human Service, Child Welfare Branch
"AA", A. A. and Archie John McCoy |
Archie McCoy, Epic Ohana, Inc., Pamela Nakaelua, Natasha Gomes, Lena Kakehi, Kathy Shimabukuro, Lita Jyring, Dana Kano, State of Hawaii, State of Hawaii Department of Human Service, Child Welfare Branch and Epic Ohana Inc. |
1:2021cv00063 |
January 25, 2021 |
US District Court for the District of Hawaii |
LESLIE E KOBAYASHI |
ROM TRADER |
Civil Rights: Other |
28 U.S.C. ยง 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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Filing 12 First AMENDED COMPLAINT against All Plaintiffs, filed by Archie John McCoy. (Attachments: #1 Appendix Summons)(Wooten, Andre) |
Filing 11 EO: The Court, having reviewed and considered Plaintiff Archie McCoy's Ex Parte Motion to File Second Amended Complaint [ECF #10 ] ("Ex Parte Motion") and the record in this case, and based on Fed. R. Civ. P. 15(a)(2) and the five factors in Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004), finds good cause to GRANT the Ex Parte Motion. Plaintiff is granted leave to file the Second Amended Complaint by no later than April 5, 2021. Further, the Clerk's office is directed to unseal the Ex Parte Motion as it does not contain confidential information and should be filed in the public record of the case. (MAGISTRATE JUDGE ROM TRADER)(laa) |
Filing 10 EX PARTE Motion To File 2nd Amended Complaint Andre S. Wooten appearing for Plaintiff Archie John McCoy (Attachments: #1 Declaration of Andre Wooten , #2 Exhibit Exhibit 1, #3 Memorandum)(Wooten, Andre) Modified on 3/16/2021 (emt, ). |
Filing 9 EO: On 1/25/21, Plaintiff filed a Complaint for Damages [ECF #1 ]; on 1/29/21, Plaintiff filed a First Amended Complaint [ECF #6 ]; and on 3/4/21, Plaintiff filed a Second Amended Complaint [ECF #8 ]. Pursuant to Fed. R. Civ. P. 15(a), "[a] party may amend its pleading once as a matter of course or [i]n all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." Even construing the First Amended Complaint as an amendment made as a matter of course, Plaintiff must seek the Court's leave to file the Second Amended Complaint but failed to do so. Accordingly, the Second Amended Complaint [ECF #8 ] shall be stricken from the record. Should Plaintiff seek further amendments to the First Amended Complaint, Plaintiff must comply with Fed. R. Civ. P. 15(a)(2).The Rule 16 Scheduling Conference set for 3/29/21 at 9:00 a.m. is continued to 5/28/21 at 9:00 a.m. before Magistrate Judge Trader. (MAGISTRATE JUDGE ROM TRADER)(laa) |
Filing 8 Document stricken pursuant to ECF No. 9 Minute Order. Second AMENDED COMPLAINT against All Plaintiffs, filed by Archie John McCoy. (Wooten, Andre) Modified on 3/8/2021 (emt, ). |
Filing 7 Summons Issued as to All Defendants. (emt, ) |
Filing 6 First AMENDED COMPLAINT Against All Defendants against All Plaintiffs, filed by Archie John McCoy.(Wooten, Andre) |
Filing 5 Errata re #1 Complaint, 1st Amended Complaint of Plaintiffs. (Wooten, Andre) Modified on 1/29/2021 This document is still unsigned. The filing party has been contacted to resubmit a corrected filing. The summons attached to the initial filing will be issued thereafter. (emt, ) |
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 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(emt, ) |
Filing 3 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/29/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/26/2021. (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 2 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00063 LEK-RT on all further pleadings. (emt, ) |
ADVISORY ENTRY. No Signature-Please be advised that Document #1 Complaint filed by Archie John McCoy and A.A. is not signed. The filing party may refer to Section 7.1 CM/ECF User's Signature, of the CM/ECF Procedures Guide, which states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear.( e.g./s/John or Jane Lawyer)". The filing party should submit a corrected document. (emt, ) |
Filing 1 COMPLAINT for Damages; Jury Demand against All Defendants ( Filing fee $ 402 receipt number 0975-2476670.), filed by Archie John McCoy and A.A. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Wooten, Andre) Modified on 1/26/2021 The Complaint is unsigned. (emt, ). |
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