Salvia v. State of Hawaii
| Christine Marie Salvia and Frank Salvia, Jr. |
| State of Hawaii, Jimary Quinones, Starnani P. Lynch, Cameron Davenport, Hawaii Affordable Properties, Inc., Jennifer T. Stolze, Nua Vaovasa, Randeatte McEnroe and Hawaii Public Housing Authority |
| 1:2021cv00206 |
| April 26, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 19 EO: The Rule 16 Scheduling Conference set for 06/28/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD will be held via telephoneIn 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)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) This Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiffs Christine Marie Salvia and Frank Salvia, Jr. at the following email addresses of praisejesus808@hotmail.com and praisejesus808@hotmail.com on 06/24/2021. Modified on 6/24/2021 (bbb). |
| Filing 18 Defendants' Rule 16 Scheduling Conference Statement (Bell, Shauna) Modified on 6/22/2021 (jo) |
| Filing 17 REPORT of Planning Meeting JOINT RULE 26(F) CONFERENCE REPORT AND DISCOVERY PLAN. (Bell, Shauna) |
| Filing 16 INITIAL DISCLOSURE by Cameron Davenport, Hawaii Affordable Properties, Inc., Hawaii Public Housing Authority, Starnani P. Lynch, Randeatte McEnroe, Jimary Quinones, State of Hawaii, Jennifer T. Stolze, Nua Vaovasa. (Bell, Shauna) |
| Filing 15 Plaintiffs' Rule 16 Scheduling Conference Statement; Certificate of Service - filed by Christine Marie Salvia, Frank Salvia (jo) |
| Filing 14 Defendants' ANSWER to Complaint (Notice of Removal) by Cameron Davenport, Hawaii Affordable Properties, Inc., Hawaii Public Housing Authority, Starnani P. Lynch, Randeatte McEnroe, Jimary Quinones, State of Hawaii, Jennifer T. Stolze, Nua Vaovasa. (Bell, Shauna) |
| Filing 13 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiff Christine Marie Salvia, Plaintiff Frank Salvia and Defendants Cameron Davenport, Hawaii Affordable Properties, Inc., Hawaii Public Housing Authority, Starnani P. Lynch, Randeatte McEnroe, Jimary Quinones, State of Hawaii, Jennifer T. Stolze, Nua Vaovasa Please continue to reflect case number CV 21-00206 KJM on all further pleadings. (jo) |
| Filing 12 Consent Election Form |
| Filing 11 Consent Election Form (jo) |
| Filing 10 Consent Election Form (jo) |
Filing 9
FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES FILED ON MARCH 3, 2021 AND ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/11/2021. Defendants shall have up to and including May 28, 2021 within which to answer or otherwise respond to the Complaint.(jo)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)
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Filing 8
EO: On May 4, 2021, and "pursuant to Rules 6 and 7 of the Hawaii Rules of Civil Procedure and Rule 7 of the Rules of the Circuit Courts of the State of Hawai'i" Defendants filed an #7 Ex Parte Motion to Extend Time to File Responsive Pleading to Plaintiffs' Complaint for Injunctive Relief, Declaratory Relief, and Damages Filed on March 3, 2021 ("Ex Parte Motion"). The Court has carefully reviewed the Ex Parte Motion and finds that it fails to cite the correct rules or comply with the Local Rules. Local Rule 7.10 requires "[a]ny ex parte application [to] include a declaration that states... why a motion could not be submitted and sets forth the positions of other parties with respect to the request, if known." Because Defendants failed to comply with the Local Rules, and because there appears to be no reason for Defendants to seek the requested relief on an ex parte basis, the Court DENIES the Ex Parte Motion. Such denial is without prejudice to Defendants re-filing a proper motion (1) that complies with Local Rule 7.10, or (2) as a public document by selecting and filing event from the "motions" category and serving a copy of such a motion in accordance with the Federal Rules of Civil Procedure and Local Rules. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 05/05/2021. (mansfield2)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)
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| ADVISORY ENTRY - Please be advised that viewing access to Document #7 EX PARTE Motion is restricted to the filing party and the court (filing events from the "Ex Parte" Filings Category, will restrict viewing of the entry to the court and the filing party). In the future, the filing party may file such pleadings as a public document by selecting a filing event from the "motions" category. The entry has been corrected. Additionally, the exhibits included in document #7 are comprised of several attachments and not submitted as separate pdf-attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. No further action needed regarding this advisory. (jo) |
| Filing 7 EX PARTE Motion TO EXTEND TIME TO FILE RESPONSIVE PLEADING TO PLAINTIFFS COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES FILED ON MARCH 3, 2021; DECLARATION OF COUNSEL; CERTIFICATE OF SERVICE Shauna L.S. Bell appearing for Defendants Cameron Davenport, Hawaii Affordable Properties, Inc., Hawaii Public Housing Authority, Starnani P. Lynch, Randeatte McEnroe, Jimary Quinones, State of Hawaii, Jennifer T. Stolze, Nua Vaovasa (Bell, Shauna) |
| Filing 6 TRANSMITTAL of DOCUMENTS from the First Circuit Court, State of Hawaii; 1CCV-21-0000243 Note: Although referenced in the letter, a Docket List was not included with this filing (jo) |
| Filing 5 Corporate Disclosure Statement by Hawaii Affordable Properties, Inc.. (Lang, Adam) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office 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. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:30 AM on 6/28/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/27/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) ATTACH THE ORDER SETTING RULE 16 SCHEDULING CONFERENCE TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jo)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)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 21-00206 KJM on all further pleadings. (jo)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 1 NOTICE OF REMOVAL by State of Hawaii from Circuit Court of the First Circuit for the State of Hawai`i, case number 1CCV-21-0000243. ( Filing fee $ 402 receipt number 0975-2516219), filed by State of Hawaii. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit "A", #3 Exhibit Exhibit "B" (B1 - B4), #4 Exhibit Exhibit "B" (B5 - B6), #5 Exhibit Exhibit "B" (B7 - B13), #6 Exhibit Exhibit "B" (B14 - B17), #7 Exhibit Exhibit "B" (B18 - B21), #8 Exhibit Exhibit "B" (B22 - B24))(Lang, Adam) |
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