Edusah, et al v. United States of America
| Damien Edusah, Estate of Melody Menaye Edusah and Latrice Edusah |
| United States of America |
| 1:2021cv00064 |
| January 27, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 129 EP: TELEPHONE CONFERENCE held on 7/5/2023.Further discussion had regarding ECF #126 Plaintiff's Petition for Authority to Compromise Claim on Behalf of Estate ("Petition"). Plaintiff contends that Court has jurisdiction to approve settlement and that it is unlikely any party would challenge Court's authority to approve settlement. Government takes no position. Court disagrees with Plaintiff. In the absence of clear authority, the Court reiterates its considered judgment that Hawaii Probate Court approval is required. In light of the foregoing, Plaintiffs agree to WITHDRAW the Petition. The withdrawal shall be without prejudice. To monitor status, Court sets Telephonic Status Conference for 10/13/2023 at 8:45 a.m. before Magistrate Judge Trader. Plaintiffs to file brief status update by 10/6/2023. 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Court EXTENDS the deadline to submit the stipulation to dismiss from 6/20/2023 to 10/13/2023, with the understanding that further extension of deadline likely necessary as Probate Court approval is required for release/tender of settlement proceeds from the judgment fund. (ZOOM / 8:30 - 8:43 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 128 EP: TELEPHONIC STATUS CONFERENCE held on 6/23/2023.Discussion had regarding ECF #126 Plaintiff's Petition for Authority to Compromise Claim on Behalf of Estate ("Petition"). Absent authority to the contrary, the Court believes Petition should be heard by Hawaii Probate Court. Ms. Barbata reports similar petition submitted in Carolyn Galbreath, et al. v. United States of America (20-cv-00373-LEK-KJM) and approved by Magistrate Judge Mansfield. Parties to confer and by 6/30/2023, file supplement regarding authority for this Court to entertain the Petition, or, in the absence of such authority, Plaintiffs to withdraw Petition. (ZOOM / 8:30 - 8:47 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 127 EO: Court sets Telephonic Status Conference - MJ for 6/23/2023 at 08:30 AM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 126 NOTICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah Plaintiffs' Petition for Authority to Compromise Claim on Behalf of Estate Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah. (Attachments: #1 Declaration of Jeb Kurzban, #2 Exhibit 1 - Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursunat to 28 U.S.C. Section 2677, #3 Exhibit 2 - Settlement Statement, #4 Certificate of Service)(Lan, Na) Modified on 6/6/2023 (apg). |
| Filing 125 EP: TELEPHONIC SETTLEMENT ON THE RECORD held on 5/17/2023.Plaintiffs Latrice and Damien Edusah also participated by telephone.Settlement on the Record (ZOOM: 8:50 - 9:05 a.m.):Court separately confirmed via email with counsel that terms of settlement agreement have been reached.Ms. Moreland Villalon recited the material and essential terms of the settlement.Court and Mr. Kurzban provided additional clarification.Parties, through counsel, confirmed and consented to the settlement terms as recited by Ms. Moreland Villalon and clarified by the Court and Mr. Kurzban. Court finds the essential terms of a valid and binding settlement agreement have been set forth in the record.Stipulated Dismissal With Prejudice due by 6/20/2023 and to be submitted to District Judge Seabright at Seabright_Orders@hid.uscourts.gov, with courtesy copy to Trader_Orders@hid.uscourts.gov.Trial date and all further deadlines and court dates are VACATED. Government to make best efforts to remit payment as soon as possible, but by no later than 30 days after receipt of executed settlement documents.Court to retain jurisdiction for limited time period to effectuate settlement up until the filing of the stipulation to dismiss. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673 (1994). To monitor status of the stipulation to dismiss, Court sets a Telephone Conference for 7/5/2023 at 8:30 a.m. before Magistrate Judge Trader Magistrate Judge Trader. No submissions required. 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Should the stipulation to dismiss be filed prior, the Court will automatically vacate the 7/5/2023 Telephone Conference.(No Record / 8:45 - 8:50 a.m.)(ZOOM / 8:50 - 9:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 124 EP: TELEPHONIC FINAL PRETRIAL CONFERENCE held on 5/16/2023.Discussion had. Court confirms 6/27/2023 trial date before District Judge Seabright and pretrial deadlines as previously provided.Plaintiffs anticipate 2 experts and 5 additional witnesses. Plaintiffs request preservation deposition of one expert. Defendant disagrees, but would agree to live Zoom testimony of the expert. If not resolved, Plaintiffs to submit motion for Judge Seabright's consideration as soon as possible. Government anticipates 2 expert witnesses and 6 additional witnesses. Government will request one expert be taken out of order during Plaintiffs' case-in-chief. Parties anticipate 3 trial days each for their respective case presentations.Parties to direct inquiries regarding scheduling of the Final Pretrial Conference before the district judge and trial logistics to Judge Seabright. Parties encouraged to streamline facts, issues, exhibits and witnesses for trial. Court reminds the parties to respond to the Court's proposal by 5/18/2023. Parties granted leave to engage the Court ex parte regarding settlement in the interim.Court to update District Judge Seabright.(ZOOM / 9:00 - 9:18 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 123 EO: Telephonic Settlement on the Record is set for 5/17/2023 at 08:45 AM 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 122 Pretrial Conference Statement by United States of America Defendant United States of Americas Final Pretrial Statement; COS. (Moreland Villalon, Natalie) |
| Filing 121 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Second Supplemental Initial Disclosures] (Moreland Villalon, Natalie) |
| Filing 120 Pretrial Conference Statement by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah Exhibits "A"-"D"; Certificate of Service. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Lan, Na) |
| Filing 119 EP: CONFIDENTIAL SETTLEMENT CONFERENCE held via video teleconference ("VTC").Plaintiffs Latrice and Damien Edusah also participated via VTC.Discussion had. No settlement.Court to extend mediator's proposal.Court confirms non-jury trial set for 6/27/2023 before District Judge Seabright to proceed as scheduled. (No Record / 11:00 - 12:48 p.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 118 EO: The Confidential Telephonic Settlement Conference set for 5/2/2023 at 11:00 AM before MAGISTRATE JUDGE ROM TRADER shall instead be conducted via video teleconference ("VTC"). The courtroom manager will separately provide participants with instructions and information to connect by VTC. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 117 TRANSCRIPT of Proceedings #90 PLAINTIFFS MOTION TO EXCLUDE CERTAIN EXPERT TESTIMONY OF DR. KATHERINE MATTHAY held on 10/31/2022, before Judge J. MICHAEL SEABRIGHT. Court Reporter - Cynthia Fazio, Telephone number - (808) 541-2063, Email Address - cf@hid.uscourts.gov. PP. - 14 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 4/17/2023. Redacted Transcript Deadline set for 4/25/2023. Release of Transcript Restriction set for 6/23/2023. (Fazio, Cynthia) |
Filing 116
FIFTH AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 3/21/2023. (adi) Modified document title on 3/21/2023 (laa).
|
| Filing 115 EP: TELEPHONE CONFERENCE held. Discussion had. Parties confirm agreement to continue trial to 6/27/2023 before District Judge Seabright. All discovery complete and no significant trial motions anticipated. Parties amenable to further settlement discussions.Court sets Settlement Conference set for 5/2/2023 at 11:00 a.m. before Magistrate Judge Trader. Brief confidential settlement conference statements due by 4/25/2023 and shall be delivered (one set, hard copy) to the Clerks Office and an electronic copy emailed to Trader_Orders@hid.uscourts.gov.Parties to submit brief email to Trader_Orders@hid.uscourts.gov by 3/24/2023 providing parties' respective most recent settlement demands.Parties granted leave to engage the Court ex parte regarding settlement in advance of 5/2/2023 Settlement Conference.Fifth Amended Rule 16 Scheduling Order to issue.Dates given:Non-Jury Trial is set for 6/27/2023 at 9:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 6/15/2023 at 10:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for 5/16/2023 at 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Telephonic Settlement Conference is set for 5/2/2023 at 11:00 AM before MAGISTRATE JUDGE ROM TRADER.Other Matters:(adi) |
| Filing 114 EO: The Final Pretrial Conference set for 3/21/2023 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER is CONVERTED to a Telephone Conference set for the same date/time (3/21/2023 at 10:00 AM).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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 113 EO: In light of Court's ECF #112 Order of Recusal and reassignment to Magistrate Judge Trader, the Telephonic Final Pretrial Conference set for 3/21/2023 at 10:00 AM shall be held 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:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
|
Filing 112
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/14/2023. MAGISTRATE JUDGE KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. Please reflect new Civil case number CV 21-00064 JMS-RT on all further filings. (jni)
|
| Filing 111 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Fourth Supplemental Response to Plaintiffs' First Request for Production of Documents and Things to Defendant] (Moreland Villalon, Natalie) |
|
Filing 110
RULE 16 SCHEDULING ORDER - Signed by DISTRICT JUDGE J. MICHAEL SEABRIGHT on 12/12/2022. (adi)
|
| Filing 109 EO: FOURTH AMENDED RULE 16 SCHEDULING ORDER. Non-Jury Trial is set for 5/2/2023 at 9:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 4/28/2023 at 10:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for 3/21/2023 at 10:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Other Matters:Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our NEW ZOOM Teleconference. 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 1-833-568-8864Access Code is 160 8983 1896 (adi) |
| Filing 108 EO: In light of District Judge J. Michael Seabright working with the parties on a trial continuance, the Telephonic Scheduling Conference previously set for 12/12/2022 is hereby VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 107 EO: Due to a conflict in the court's calendar, Non-Jury Trial set for 02/14/2023 is continued to 05/02/2023 at 09:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. Pretrial hearings and deadlines set by the Third Amended Rule 16 Scheduling Order are vacated. The court will issue a Fourth Amended Rule 16 Scheduling Order. (JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 106 EO: At Mr. Jed Kurzban's request, the Telephonic Scheduling Conference previously set for 12/02/2022 IS CONTINUED TO 12/12/2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our ZOOM Teleconference. 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 1-833-568-8864Access Code: 160 8983 1896 Observers may call in on a separate line at 1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 105 EO: Court sets a Telephonic Scheduling Conference for 12/02/2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our NEW ZOOM Teleconference. 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 1-833-568-8864Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 104 EP: Hearing on Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay held.Plaintiffs' counsel, Andrew Cherkasky, Jed Kurzban, and Lauren Gallagher, appeared by telephone.Discussion held.Oral arguments heard. #90 Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay - For reasons stated on the record, DENIED without prejudice to the extent that there may be an issue that the court needs to address in the course of trial.Discussion held regarding Third Amended Rule 16 Scheduling Order (ECF No. 99). The Court orally amended the Rule 16 Scheduling Order as follows: (1) Paragraph 21 is deleted; and (2) Paragraph 29 - Proposed Findings of Fact and Conclusions of Law will be due after trial is completed. Parties will be given a new deadline after trial is completed.Parties may provide direct testimony by declaration, and make witness available for cross examination.Final Pretrial Conference set for 02/02/2023 before the Honorable J. Michael Seabright is continued to 02/09/2023 at 10:00 a.m. in Aha Kaulike.Motions in Limine, if any, will be addressed during the course of the trial.By agreement of the Parties, witnesses may testify via video teleconference (VTC). Parties shall (1) inform the courtroom manager in advance of witnesses that will testify via VTC, and (2) confer in advance on exhibits to be provided to witnesses.The Court reminded the Parties that they may consent to proceed with trial before a Magistrate Judge in order to have a firm trial date.(Reporter-Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) (Main Document 104 replaced on 11/2/2022) (rlfh). |
| Filing 103 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Fourth Supplemental Response to Defendant's First Set of Requests for Production of Documents and Things to Plaintiffs (Lan, Na) |
| Filing 102 REPLY Plaintiffs' Memorandum in Reply to Defendant United States of America's Memorandum in Opposition to #90 Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay filed by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah. (Attachments: #1 Certificate of Service)(Lan, Na) Modified on 10/19/2022 (eta). |
| Filing 101 NOTICE of Appearance by Dana A. Barbata on behalf of United States of America on behalf of United States of America. (Barbata, Dana) |
| Filing 100 EO: Based upon the parties representations that they remain at an impasse and that no further settlement discussions would be productive, the court cancels the October 21, 2022 settlement conference. Either side may contact the magistrate judge directly if it would like to make a material move in its settlement position. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
|
Filing 99
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/29/2022. (adi)
|
|
Filing 98
EO: In light of the 96 Entering Order issued by District Judge, Kenneth J. Mnasfield, new dates are given as follows:Non-Jury Trial is set for 2/14/2023 at 9:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 2/2/2023 at 10:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for 1/6/2023 at 9:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 10/21/2022 at 10:00 AM by Video Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD.Other Matters: The Confidential Settlement Conference Statements shall be delivered(one-set, double-sided) to the Clerk's Office and delivered electronically by emailing it to mansfield_orders@hid.uscourts.gov. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our NEW ZOOM Teleconference. 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 1-833-568-8864Access Code is 160 8983 1896Court to prepare a Third Amended Rule 16 Scheduling Order.(adi)
|
| Filing 97 EO: Given that non-jury trial has been rescheduled to 02/14/2023, the hearing on Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay set for 09/12/2022 is continued to 10/31/2022 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 96 EO: Due to a conflict in the court's calendar, Non-Jury Trial set for 10/25/2022 is continued to 02/14/2023 at 09:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Magistrate judge to issue an amended Rule 16 scheduling order. Deadlines that have passed will remain closed. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 95 MEMORANDUM in Opposition re #90 MOTION to Strike Exclude Certain Expert Testimony of Dr. Katherine Matthay; Defendant United States of America's Opposition to Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay and Certificate of Service filed by United States of America. (Attachments: #1 Declaration of Natalie Moreland Villalon, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Moreland Villalon, Natalie) |
| Filing 94 EO: Hearing on Plaintiffs' Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay set for 09/12/2022 at 10:00 AM will be conducted by video teleconference ("VTC"). Courtroom manager to provide the Parties with VTC connection information. The public may attend this conference (audio only) with the information provided below:Call-in: 1-650-479-3207Access code: 1602226886 (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 93 NOTICE of Change of E-Mail Address by United States of America United States of America. (Moreland Villalon, Natalie) |
| Filing 92 EO: On July 27, 2022, Plaintiffs filed a "Motion to Exclude Certain Expert Testimony of Dr. Katherine Matthay." The court sets a hearing for that Motion on September 12, 2022 at 10:00 am in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 91 EO: Upon review of the parties settlement conference letters, it does not appear that either side has a materially different view of the case or its settlement value than it did at the recent settlement conference. Therefore, by agreement of the parties, the Settlement Conference #2 set for August 05, 2022 is VACATED. If the parties so wish further assistance in settlement with the Court, they may contact Magistrate Judge Kenneth J. Mansfield directly. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 90 MOTION to Strike Exclude Certain Expert Testimony of Dr. Katherine Matthay; Na Lan appearing for Plaintiffs Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Declaration Declaration of Na Lan, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Certificate of Service)(Lan, Na) |
|
Filing 89
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/21/2022. (adi)
|
| Filing 88 EO: In light of the #87 STIPULATION TO CONTINUE TRIAL DATE AND UNEXPIRED PRETRIAL DEADLINES, new dates are given as follows:Non-Jury Trial is set for 10/25/2022 at 9:00 AM in Aha Kaulike before DISTRICT JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for 9/13/2022 at 9:45 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 8/5/2022 at 10:00 AM by Video Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 5/31/2022. Discovery due by 5/31/2022.Other Matters: The Confidential Settlement Conference Statements shall be delivered(one-set, double-sided) to the Clerk's Office and delivered electronically by emailing it to mansfield_orders@hid.uscourts.gov. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our NEW ZOOM Teleconference. 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 1-833-568-8864Access Code is 160 8983 1896 Court to prepare Second Amended Rule 16 Scheduling Order.(adi) |
|
Filing 87
STIPULATION TO CONTINUE TRIAL DATE AND UNEXPIRED PRETRIAL DEADLINES; ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/20/2022. (jo)
|
| Filing 86 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE Plaintiffs Third Supplemental Response to Defendant United States of Americas First Set of Requests for Production of Documents and Things to Plaintiffs, Dated September 16, 2021 (Lan, Na) |
| Filing 85 EP: Settlement Conference held on 7/12/2022. The Court met with the parties. Settlement discussions held. No settlement reached at this time. Parties may contact Magistrate Judge Kenneth J. Mansfield directly to resume settlementdiscussions. (ZOOM / Video Tele-Conference (VTC) no record 1:30 - 3:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 84 EO: Pursuant to the parties' #83 joint letter request, the settlement conference previously set for 06/01/2022 IS CONTINUED TO 07/12/2022, at 1:30 p.m., by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement conference statements are due by 07/05/2022. One double-sided hard copy of the settlement conference statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov. The Courtroom Manager will send out a separate email providing counsel detailed instructions regarding Settlement Conferences VTC access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2) |
| Filing 83 Letter (via email) to Magistrate Judge Kenneth J. Mansfield from Jed Kurzban, Esq., dated May 23, 2022, Re: request to continue the June 1, 2022 settlement conference (jo) |
| Filing 82 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE Plaintiffs' Second Amended Notice of Taking Deposition Upon Oral Examination Via Zoom and Request for Production of Documents (Re David B. Nelson, MD) (Lan, Na) |
| Filing 81 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Amended Notice of Taking Deposition Upon Oral Examination Via Zoom - Asher Marks, MD] (Moreland, Natalie) |
| Filing 80 NOTICE of Appearance by John F. Lopez on behalf of United States of America on behalf of United States of America. (Lopez, John) |
| Filing 79 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE Plaintiffs' Amended Notice of Taking Deposition Upon Oral Examination Via Zoom and Request for Production of Documents (Re David B. Nelson, MD) (Lan, Na) |
| Filing 78 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Notice of Taking Deposition Upon Oral Examination Via Zoom - Asher Marks M.D.] (Moreland, Natalie) |
| Filing 77 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Notice of Taking Deposition Upon Oral Examination Via Zoom - Joanne Cox, M.D.] (Moreland, Natalie) |
| Filing 76 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Plaintiffs Notice of Taking Deposition Upon Oral Examination and Request For Production of Documents (Re: Katherine K. Matthay, M.D.)] (Lan, Na) |
| Filing 75 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Plaintiffs Notice of Taking Deposition Upon Oral Examination and Request For Production of Documents (Re: David B. Nelson, M.D.)] (Lan, Na) |
| Filing 74 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Expert Witness Disclosures; Exhibits "A" - "E"] (Moreland, Natalie) |
| Filing 73 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: Plaintiffs Amended Notice of Taking Videotaped Deposition Upon Oral Examination and Request For Production of Documents (Re: Raquel Chan-Ikeda, M.D.) (Lan, Na) |
| Filing 72 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Third Amended Notice of Taking Videotaped Deposition Upon Oral Examination Via Zoom - Latrice and Damien Edusah] (Moreland, Natalie) |
| Filing 71 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Third Supplemental Response to Plaintiffs' First Request for Production of Documents and Things to Defendant] (Moreland, Natalie) |
| Filing 70 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Second Amended Notice of Taking Videotaped Deposition Upon Oral Examination via Zoom - Latrice and Damien Edusah] (Moreland, Natalie) |
| Filing 69 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Re: (1) First Amended Expert Report of Asher M. Marks, M.D., dated January 18, 2022; (2) First Amended Expert Report of Joanne E. Cox, M.D., dated January 14, 2022] (Lan, Na) |
| Filing 68 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR ADMISSION TO DEFENDANT] (Moreland, Natalie) |
| Filing 67 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT] (Moreland, Natalie) |
| Filing 66 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S SECOND SUPPLEMENTAL RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT] (Moreland, Natalie) |
|
Filing 65
STIPULATED PROTECTIVE ORDER; ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/11/2022. (jo)
|
|
Filing 64
FIRST AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on January 11, 2022. (bbb)
|
| Filing 63 EO: In light of the #62 Stipulation to Continue Trial date and Unexpired Pretrial Deadlines; Order, new dates are given as follows: Non-Jury Trial is set for September 13, 2022 at 8:30 a.m. in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for August 2, 2022 at 9:45 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for June 1, 2022 at 10:15 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by April 13, 2022. Discovery due by July 15, 2022. If the parties so wish to hold a Further Early Settlement Conference with the Court, they may do so by contacting Magistrate Judge Kenneth J. Mansfield's Courtroom Manager, Bernie Aurio at (808) 541-1298 or via email at bbb@hid.uscourts.gov at anytime. One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, 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 2123668Court to issue a First Amended Rule 16 Scheduling Order.(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
|
Filing 62
STIPULATION TO CONTINUE TRIAL DATE AND UNEXPIRED PRETRIAL DEADLINES; ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/28/2021. (jo)
|
| Filing 61 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: Plaintiffs' Second Request for Answers to Interrogatories to Defendant (Lan, Na) |
| Filing 60 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: Plaintiffs' Second Request for Admissions to Defendant (Lan, Na) |
| Filing 59 EO: On December 2, 2021 counsel Natalie Moreland informs the Court that the parties have agreed that negotiations would be more fruitful during expert discovery. Therefore, request that the conference be vacated to be set for a later date once the parties have discussed and agreed on a date. Request is granted. The Early Settlement Conference #1 set for 12/09/2021 is hereby VACATED. When the parties have agreed on a date for an Early Settlement Conference with the Court, they may contact Magistrate Judge Kenneth J. Mansfields Courtroom Manager, Bernie Aurio at (808) 541-1298 or by email at bbb@hid.uscourts.gov at anytime. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 58 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Re: Plaintiffs' Expert Witness Disclosure] (Lan, Na) |
| Filing 57 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Re: Plaintiffs Supplemental Response to Defendant United States of America's First Request for Answers to Interrogatories to Plaintiffs, dated September 16, 2021] (Lan, Na) |
| Filing 56 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah [Re: Plaintiffs' Second Supplemental Response to Defendant United States of America's First Set of Requests for Production of Documents and Things to Plaintiffs, dated September 16, 2021] (Lan, Na) |
| Filing 55 CERTIFICATE OF SERVICE by Estate of Melody Menaye Edusah RE: Certificate of Service re Plaintiffs' Notice of Taking Deposition Upon Oral Examination Via Zoom [Jaylin Establio] (Lan, Na) |
| Filing 54 CERTIFICATE OF SERVICE by Estate of Melody Menaye Edusah RE: Plaintiffs' Supplemental Response to Defendant United States of America's First Set of Requests for Production of Documents and Things to Plaintiffs dated September 16, 2021 (Lan, Na) |
| Filing 53 CERTIFICATE OF SERVICE by United States of America re: Defendant USA's First Amended Notice of Taking Deposition Upon Oral Exam [Latrice and Damien Edusah] (Moreland, Natalie) |
| Filing 52 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Response to Defendant's First Request for Production of Documents to Plaintiffs dated September 16, 2021 (Lan, Na) |
| Filing 51 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Response to Defendant's First Set of Interrogatories to Plaintiffs dated September 16, 2021 (Lan, Na) |
| Filing 50 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S NOTICE OF TAKING VIDEOTAPED DEPOSITION UPON ORAL EXAMINATION VIA ZOOM; Latrice and Damien Edusah] (Moreland, Natalie) |
| Filing 49 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition Upon Oral Examination [Re: Karen Thompson, M.D.] (Lan, Na) |
| Filing 48 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT] (Moreland, Natalie) |
| Filing 47 EO: At the parties request, the Early Settlement Conference previously set for 09/30/2021 IS CONTINUED TO 12/09/2021 at 10:15 a.m. by Video Tele-Conference Hearing before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement conference statements are due by 12/02/2021. One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 46 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFFS] (Moreland, Natalie) |
| Filing 45 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS] (Moreland, Natalie) |
| Filing 44 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S FIRST SUPPLEMENTAL RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT] (Moreland, Natalie) |
| Filing 43 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re: Plaintiffs' Second Request for Production of Documents and Things to Defendant (Lan, Na) |
| Filing 42 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Cancellation of Videotaped Deposiiton Upon Oral Examination [Raquel Chan-Ikeda, M.D.] (Lan, Na) |
| Filing 41 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT] (Moreland, Natalie) |
| Filing 40 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR ADMISSION TO DEFENDANT] (Moreland, Natalie) |
| Filing 39 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT] (Moreland, Natalie) |
| Filing 38 EO: Given the course of discovery, counsel agree that a time in at least mid-September would allow for more meaningful negotiation is necessary. Therefore, the Early Settlement Conference previously set for 08/13/2021 IS CONTINUED TO 09/30/2021 at 10:00 a.m. via Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference Statements are due by 09/23/2021 and shall be emailed to mansfield_orders@hid.uscourts.gov followed by one hard copy to be sent to the Clerk's Office.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 37 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES] (Moreland, Natalie) |
| Filing 36 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Whitney Bond, M.D. (Lan, Na) |
| Filing 35 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Videotaped Deposition upon Oral Examination and Request for Production of Documents re Raquel Chan-Ikeda, M.D. (Lan, Na) |
| Filing 34 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Mitchell Hamele, M.D. (Lan, Na) |
| Filing 33 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Kara Marie Hack-Delaney, M.D. (Lan, Na) |
| Filing 32 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Judy Freeman, M.D. (Lan, Na) |
| Filing 31 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Clifford Peck, M.D. (Lan, Na) |
| Filing 30 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Charles Nguyen, M.D. (Lan, Na) |
| Filing 29 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah re Plaintiffs' Notice of Taking Deposition upon Oral Examination re Analine Mercado (Lan, Na) |
| Filing 28 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT, DATED JULY 13, 2021 (Lan, Na) |
| Filing 27 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, DATED JULY 13, 2021 (Lan, Na) |
| Filing 26 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah RE: PLAINTIFFS' FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT, DATED JULY 13, 2021 (Lan, Na) |
| Filing 25 CERTIFICATE OF SERVICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah (Re: Plaintiffs' Fed.R.Civ.P. 26(a)(1) Pre-Discovery Disclosures) (Lan, Na) |
| Filing 24 NOTICE by Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah of Withdrawal and Substitution of Counsel for Plaintiffs Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah. (Lan, Na) |
| Filing 23 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S INITIAL DISCLOSURES] (Moreland, Natalie) |
|
Filing 22
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on June 4, 2021. (bbb)
|
| Filing 21 EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order. Also present was Major John Lopez, representative for the Defendant. Non-Jury Trial is set for 06/01/2022 at 9:00 a.m. in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 04/19/2022 at 9:45 a.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 08/13/2021 at 10:15 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 2/25/2022 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 12/29/2021. Discovery due by 04/01/2022.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, 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 (AT&T Service / 9:07 - 9:12) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 20 EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 9:30 a.m. IS ADVANCED TO 9:00 a.m. on same date of 05/28/2021 via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. In accordance with 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) |
| Filing 19 REPORT of Planning Meeting Pursuant to Fed.R.Civ.P. 26(f) and Local Rule 26.1. (Oshiro, Anna) |
| Filing 18 Scheduling Conference Statement of Plaintiffs. (Oshiro, Anna) |
| Filing 17 Scheduling Conference Statement Defendant United States of America's Rule 16 Scheduling Conference Statement; COS. (Moreland, Natalie) |
| Filing 16 NOTICE of Appearance by Jed Kurzban on behalf of Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah on behalf of Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah. (Kurzban, Jed) |
| Filing 15 DEFENDANT UNITED STATES OF AMERICA'S ANSWER to #1 Complaint, FILED JANUARY 27, 2021 [ECF NO. 1];COS by United States of America.(Moreland, Natalie) |
| Filing 14 EO: By agreement of the parties on the Defendant's answer deadline being extended to May 5, 2021, the parties request that the Rule 16 Scheduling Conference be extended to allow sufficient time for parties to meet and confer. Request is granted. The Rule 16 Scheduling Conference previously set for 04/16/2021 IS CONTINUED TO 05/28/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. via telephone. Scheduling conference statements are due by 04/09/2021. Counsel Natalie E. Moreland to notify the parties.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) |
| Filing 13 NOTICE of Appearance by Natalie E. Moreland on behalf of United States of America on behalf of United States of America. (Moreland, Natalie) |
| Filing 12 EO: At Plaintiff's request to allow sufficient time for the Government to answer, the Rule 16 Scheduling Conference previously set for 03/29/2021 IS CONTINUED TO 04/16/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD via telephone. Scheduling conference statements are due by 04/09/2021. Counsel Andrew D. Cherkasky to notify the parties. In accordance with 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) |
|
Filing 11
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANDREW D. CHERKASKY re: #10 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/19/2021. ANDREW D. CHERKASKY, ESQ. (Firm: Golden Law, Inc.) added as attorney Pro Hac Vice as to Plaintiffs (jo)
|
| Filing 10 MOTION for Pro Hac Vice of Andrew D. Cherkasky Filing fee $ 300, receipt number 0975-2485879.Anna H. Oshiro appearing for Plaintiffs Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah (Oshiro, Anna) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #10 MOTION for Pro Hac Vice includes a proposed order which requires the judge's signature. If the filing party has not already done so, please email the proposed order 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. (jo) |
|
Filing 9
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LAUREN GALLAGHER re: #8 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/9/2021. LAUREN GALLAGHER, ESQ. (Firm: Kurzban Kurzban Tetzeli & Pratt, P.A.) added as attorney Pro Hac Vice as to Plaintiffs (jo)
|
| Filing 8 MOTION for Pro Hac Vice of Lauren Gallagher Filing fee $ 300, receipt number 0975-2481906.Anna H. Oshiro appearing for Plaintiffs Damien Edusah, Latrice Edusah, Estate of Melody Menaye Edusah (Oshiro, Anna) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #8 MOTION for Pro Hac Vice includes a proposed order for the judge's signature. If the filing party has not already done so, please email the proposed order 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. (jo) |
| Filing 7 SUMMONS Returned Executed by Estate of Melody Menaye Edusah, Damien Edusah, Latrice Edusah. United States of America served on 2/1/2021. (Oshiro, Anna) Modified on 2/5/2021 (jo) |
| Filing 6 Summons Issued as to Defendant United States of America. (jni) |
| 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 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
|
Filing 4
Order Setting Rule 16 Scheduling Conference is set for 9:30AM on 3/29/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/27/2021. (Attachments: #1 Memo 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.(jni)
|
| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00064 JMS-KJM on all further pleadings.(jni) |
| Filing 2 Summons (Proposed) (Oshiro, Anna) |
| Filing 1 COMPLAINT against Defendant All Plaintiffs (Filing fee $ 402 receipt number 0975-2477837), filed by the Estate of Melody Menaye Edusah, Damien Edusah, Latrice Edusah. (Attachments: #1 Civil Cover Sheet)(Oshiro, Anna) Docket Text Modified on 1/27/2021.(jni) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
