Abing et al v. Evers et al
Plaintiff: Dennis Duane DeShaw, Chester Noel Abing and Susan Kay Broer-DeShaw
Defendant: Catherine Awakuni Colon, Ryan Summers Little, Rebecca Salwin, Gayle J. Lau, Bradley R. Tamm, Michael J. S. Moriyama, Clifford Nakea, Stephen H. Levins, Bruce B. Kim, James F. Evers, Roy F. Hughes, Philip H. Lowenthal, Jeffrey P. Miller, Jeannette H. Castagnetti, Yvonne R. Shinmura, Melinda D. Sanches, Charlene M. Norris, John N. Tokunaga, Lisa P. Tong, Bert I. Ayab, Jo Ann Uchida Takeuchi and Bert I. Ayabe
Case Number: 1:2021cv00095
Filed: February 16, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: JILL A OTAKE
Referring Judge: WES REBER PORTER
Nature of Suit: Real Property: Other
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Filing 44 EO: The hearing on #14 Motion to Dismiss Plaintiffs' Complaint filed on February 16, 2021 is SET for 6/4//21 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Oppositions due by 5/7/21, Reply due by 5/14/21.The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC 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. (shm)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF).
April 15, 2021 Filing 43 EO: Defendants Bruce Kim, Bradley R. Tamm, Ryan Summers Little, Rebecca Salwin, Yvonne Shinmura, Charlene M. Norris, Roy F. Hughes, Gayle J. Lau, Jeffrey P. Miller, Philip H. Lowenthal, Clifford Nakea, the Honorable Bert I. Ayabe and the Honorable Jeannette H. Castagnetti filed a #42 Motion for Leave to File Joinder in Motion to Dismiss Plaintiffs' Complaint. Good cause appearing therefor, the Court GRANTS the Motion and authorizes Defendants to file a substantive joinder. See Local Rule 7.7 ("'Substantive joinder' means a joinder that is supported by a memorandum that complies with LR7.4(a) and (b) supplementing the motion... joined in."). (JUDGE JILL A. OTAKE)(rls, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 14, 2021 Filing 42 MOTION for Leave to File Joinder in Motion to Dismiss Plaintiffs' Complaint Filed on April 1, 2021 Robyn B. Chun appearing for Defendants Bert I. Ayab, Jeannette H. Castagnetti, Roy F. Hughes, Bruce B. Kim, Gayle J. Lau, Ryan Summers Little, Philip H. Lowenthal, Jeffrey P. Miller, Clifford Nakea, Charlene M. Norris, Rebecca Salwin, Yvonne R. Shinmura, Bradley R. Tamm (Attachments: #1 Declaration of Robyn B. Chun, #2 Certificate of Service)(Chun, Robyn) Modified on 4/15/2021 (emt, ).
April 12, 2021 COURT'S CERTIFICATE of Service - a copy of 21 Notice of Case Reassignment, Advisory Entry, #22 Order of Recusal, 23 Notice of Case Reassignment served by First Class Mail to Chester Noel Abing, Dennis Duane DeShaw and Susan Kay Broer-DeShaw the addresses of record on April 12, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) Modified on 4/12/2021 (emt, ). Modified on 4/13/2021 (emt, ).
April 9, 2021 Filing 23 NOTICE of Case Reassignment: Please reflect Civil Case Number CV 21-00095 JAO-WRP on all further pleadings. (jo)
April 9, 2021 Opinion or Order Filing 22 ORDER OF RECUSAL - Signed by SENIOR JUDGE HELEN GILLMOR on 4/9/2021. (jo)
April 8, 2021 ADVISORY ENTRY. Please disregard docket number #19 Consent to Jurisdiction by US Magistrate Judge. This case has been reassigned to a district judge, see Notice of Reassignment. (emt, )
April 8, 2021 Filing 21 NOTICE of Case Reassignment: Please reflect new Civil case number CV 21-00095 HG-WRP on all further pleadings. (emt, )
April 8, 2021 Filing 20 AMENDED Consent Election Form Modified on 4/8/2021 (emt, ).
April 8, 2021 Filing 19 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiffs Chester Noel Abing, Susan Kay Broer-DeShaw, Dennis Duane DeShaw and Defendants James F. Evers, John N. Tokunaga, Stephen H. Levins, Lisa P. Tong, Melinda D. Sanches, Catherine Awakuni Colon, Jo Ann Uchida Takeuchi, Michael J. S. Moriyama, Bruce B. Kim, Bradley R. Tamm, Ryan Summers Little, Rebecca Salwin, Yvonne R. Shinmura, Charlene M. Norris, Roy F. Hughes, Gayle J. Lau, Jeffrey P. Miller, Philip H. Lowenthal, Clifford Nakea, Honorable Bert I. Ayabe, Honorable Jeannette H. Castagnetti. Please continue to reflect case number CV 21-00095 WRP on all further pleadings. (emt, ) Modified on 4/8/2021 (emt, ).
April 7, 2021 Filing 18 Consent Election Form
April 6, 2021 Filing 41 Transmittal Letter to Clerk from Plaintiff Chester Noel Abing re proofs of service (ECF Nos. 24 - 41), dated March 31, 2021. (emt, )
April 6, 2021 Filing 40 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Charlene M. Norris served on 3/10/2021. (emt, )
April 6, 2021 Filing 39 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Clifford Nakea served on 3/10/2021. (emt, )
April 6, 2021 Filing 38 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Jeffrey P. Miller served on 3/10/2021. (emt, )
April 6, 2021 Filing 37 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Ryan Summers Little served on 3/10/2021. (emt, )
April 6, 2021 Filing 36 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Bradley R. Tamm served on 3/10/2021. (emt, )
April 6, 2021 Filing 35 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Bruce B. Kim served on 3/27/2021. (emt, )
April 6, 2021 Filing 34 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Bert I. Ayabe served on 3/29/2021. (emt, )
April 6, 2021 Filing 33 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Melinda D. Sanchez served on 3/29/2021. (emt, )
April 6, 2021 Filing 32 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Lisa P. Tong served on 3/29/2021. (emt, )
April 6, 2021 Filing 31 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Michael J. S. Moriyama served on 3/29/2021. (emt, )
April 6, 2021 Filing 30 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. James F. Evers served on 3/10/2021. (emt, )
April 6, 2021 Filing 29 SUMMONS Returned Executed by Chester Noel Abing, Susan Kay Broer-DeShaw. John N. Tokunaga served on 3/10/2021. (emt, ) Modified on 4/16/2021 (emt, ).
April 6, 2021 Filing 28 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Jeannette H. Castagnetti served on 3/29/2021. (emt, )
April 6, 2021 Filing 27 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Yvonne R. Shinmura served on 3/10/2021. (emt, )
April 6, 2021 Filing 26 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Philip H. Lowenthal served on 3/10/2021. (emt, )
April 6, 2021 Filing 25 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Stephen H. Levins served on 3/29/2021. (emt, )
April 6, 2021 Filing 24 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Catherine Awakuni Colon served on 3/29/2021. (emt, )
April 5, 2021 Filing 17 Consent Election Form
April 5, 2021 Filing 16 AMENDED DOCUMENT by Catherine Awakuni Colon, James F. Evers, Stephen H. Levins, Michael J. S. Moriyama, Melinda D. Sanches, Jo Ann Uchida Takeuchi, John N. Tokunaga, Lisa P. Tong. Amendment to #14 MOTION to Dismiss Amended Certificate of Service. (Paige, James)
April 2, 2021 Filing 15 EO: On 4/1/2021, Defendants filed a Motion to Dismiss, ECF No. #14 . As reflected in the Consent Election Form, ECF No. #5 , if a dispositive motion is filed prior to the date on which the submission of the form is required, the parties must file the form within (7) calendar days after the motion is filed. (MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
April 1, 2021 Filing 14 MOTION to Dismiss James C. Paige appearing for Defendants Michael J. S. Moriyama, Lisa P. Tong, Stephen H. Levins, Catherine Awakuni Colon, Melinda D. Sanches, James F. Evers, Jo Ann Uchida Takeuchi, John N. Tokunaga (Attachments: #1 Memorandum Memo in Supp Cert Comp, #2 Declaration John N. Tokunaga, #3 Exhibit Ex A, #4 Exhibit Ex B, #5 Exhibit Ex C, #6 Exhibit Ex D, #7 Exhibit Ex E, #8 Exhibit Ex F, #9 Exhibit Ex G, #10 Exhibit Ex H, #11 Exhibit Ex I, #12 Exhibit Ex J, #13 Exhibit Ex K, #14 Exhibit Ex L, #15 Certificate of Service COS)(Paige, James)
March 25, 2021 Filing 13 EO: Finding good cause in support thereof, the Court GRANTS Defendants' Ex Parte Motion for First Extension of Time to Respond to Complaint, ECF No. #12 . Defendants shall file their Answer or otherwise respond to the Complaint no later than 4/21/2021. The telephonic Rule 16 Scheduling Conference currently set for 4/13/21 is CONTINUED to 5/17/21 at 9:30 a.m. via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. The parties shall file Rule 16 Scheduling Conference Statements no later than 5/10/2021.(MAGISTRATE JUDGE WES REBER PORTER)(jp)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
March 24, 2021 Filing 12 EX PARTE Motion for First Extension of Time to Respond to Complaint Robyn B. Chun appearing for Defendants Roy F. Hughes, Bruce B. Kim, Gayle J. Lau, Ryan Summers Little, Philip H. Lowenthal, Jeffrey P. Miller, Clifford Nakea, Charlene M. Norris, Rebecca Salwin, Yvonne R. Shinmura, Bradley R. Tamm (Attachments: #1 Declaration of Robyn B. Chun, #2 Certificate of Service)(Chun, Robyn)
February 23, 2021 Filing 11 Consent Election Form. (emt, )
February 23, 2021 Filing 10 Consent Election Form. (emt, )
February 23, 2021 Filing 9 Consent Election Form. (emt, )
February 18, 2021 Filing 8 Transmittal Letter from Chester Noel Abing re ECF No. #7 Summons issued. The issued summons was returned to Chester Noel Abing by email to getches@gmail.com on 2/18/2021. (emt, )
February 18, 2021 Filing 7 Summons Issued as to All Defendants. (emt, )
February 18, 2021 Filing 6 Filing fee: $ 402, receipt number H1030202 re #1 Complaint. (emt, )
February 16, 2021 Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by United States Magistrate Judge) YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (emt, )COURT'S CERTIFICATE of Service - Chester Noel Abing served by email on February 17, 2021. Dennis Duane DeShaw and Susan Kay Broer-DeShaw served by First Class Mail to the addresses of record on February 17, 2021.
February 16, 2021 Opinion or Order Filing 4 DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/16/2021. (emt, )COURT'S CERTIFICATE of Service - Chester Noel Abing served by email on February 17, 2021. Dennis Duane DeShaw and Susan Kay Broer-DeShaw served by First Class Mail to the addresses of record on February 17, 2021. IFP applications were provided to Plaintiffs.
February 16, 2021 Opinion or Order Filing 3 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/13/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/16/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Chester Noel Abing served by email on February 17, 2021. Dennis Duane DeShaw and Susan Kay Broer-DeShaw served by First Class Mail to the addresses of record on February 17, 2021. Modified on 2/17/2021 (emt, ).
February 16, 2021 Filing 2 CIVIL Cover Sheet - by Chester Noel Abing, Susan Kay Broer-DeShaw, Dennis Duane DeShaw. (emt, )
February 16, 2021 Filing 1 Verified CLASS-ACTION COMPLAINT, COMPLAINT for Injunctive and Declaratory Relief and Damages; Demand for Jury Trial against All Defendants - filed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Declaration of Chester Noel Abing, #5 Declaration of Dennis Duane DeShaw, #6 Declaration of Susan Kay Broer-DeShaw, #7 Declaration of Robert L. Stone)(emt, )

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Search for this case: Abing et al v. Evers et al
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Defendant: Catherine Awakuni Colon
Represented By: James C. Paige
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Defendant: Ryan Summers Little
Represented By: Robyn B. Chun
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Defendant: Rebecca Salwin
Represented By: Robyn B. Chun
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Defendant: Gayle J. Lau
Represented By: Robyn B. Chun
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Defendant: Bradley R. Tamm
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Defendant: Michael J. S. Moriyama
Represented By: James C. Paige
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Defendant: Clifford Nakea
Represented By: Robyn B. Chun
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Defendant: Stephen H. Levins
Represented By: James C. Paige
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Defendant: Bruce B. Kim
Represented By: Robyn B. Chun
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Defendant: James F. Evers
Represented By: James C. Paige
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Defendant: Roy F. Hughes
Represented By: Robyn B. Chun
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Defendant: Philip H. Lowenthal
Represented By: Robyn B. Chun
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Defendant: Jeffrey P. Miller
Represented By: Robyn B. Chun
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Defendant: Jeannette H. Castagnetti
Represented By: Robyn B. Chun
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Defendant: Yvonne R. Shinmura
Represented By: Robyn B. Chun
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Defendant: Melinda D. Sanches
Represented By: James C. Paige
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Defendant: Charlene M. Norris
Represented By: Robyn B. Chun
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Defendant: John N. Tokunaga
Represented By: James C. Paige
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Defendant: Lisa P. Tong
Represented By: James C. Paige
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Defendant: Bert I. Ayab
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Defendant: Jo Ann Uchida Takeuchi
Represented By: James C. Paige
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Defendant: Bert I. Ayabe
Represented By: Robyn B. Chun
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Plaintiff: Dennis Duane DeShaw
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Plaintiff: Chester Noel Abing
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Plaintiff: Susan Kay Broer-DeShaw
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