Abing et al v. Evers et al
| Dennis Duane DeShaw, Chester Noel Abing and Susan Kay Broer-DeShaw |
| 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 |
| 1:2021cv00095 |
| February 16, 2021 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Real Property: Other |
| 28:2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.
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| 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). |
| 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) |
| 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, ). |
| 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, ). |
| Filing 23 NOTICE of Case Reassignment: Please reflect Civil Case Number CV 21-00095 JAO-WRP on all further pleadings. (jo) |
Filing 22
ORDER OF RECUSAL - Signed by SENIOR JUDGE HELEN GILLMOR on 4/9/2021. (jo)
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| 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, ) |
| Filing 21 NOTICE of Case Reassignment: Please reflect new Civil case number CV 21-00095 HG-WRP on all further pleadings. (emt, ) |
| Filing 20 AMENDED Consent Election Form Modified on 4/8/2021 (emt, ). |
| 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, ). |
| Filing 18 Consent Election Form |
| Filing 41 Transmittal Letter to Clerk from Plaintiff Chester Noel Abing re proofs of service (ECF Nos. 24 - 41), dated March 31, 2021. (emt, ) |
| 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, ) |
| Filing 39 SUMMONS Returned Executed by Dennis Duane DeShaw, Chester Noel Abing, Susan Kay Broer-DeShaw. Clifford Nakea served on 3/10/2021. (emt, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ). |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
| Filing 17 Consent Election Form |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 11 Consent Election Form. (emt, ) |
| Filing 10 Consent Election Form. (emt, ) |
| Filing 9 Consent Election Form. (emt, ) |
| 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, ) |
| Filing 7 Summons Issued as to All Defendants. (emt, ) |
| Filing 6 Filing fee: $ 402, receipt number H1030202 re #1 Complaint. (emt, ) |
| 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. |
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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.
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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, ).
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| Filing 2 CIVIL Cover Sheet - by Chester Noel Abing, Susan Kay Broer-DeShaw, Dennis Duane DeShaw. (emt, ) |
| 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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