Douglas v. University of Hawaii
Plaintiff: James T. Douglas
Defendant: University of Hawaii, Doe Defendants 1-25, Aloysius Helminck and Heinz Gert De Couet
Case Number: 1:2021cv00217
Filed: May 3, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: HELEN GILLMOR
Referring Judge: WES REBER PORTER
2 Judge: DERRICK K WATSON
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2023 Opinion or Order Filing 53 EO: Pursuant to the parties' request, a Telephone Conference is set for 8/3/2023 at 09:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
July 21, 2023 Opinion or Order Filing 52 EP: Hearing on #42 Defendants University of Hawai'i, Aloysius Helminck and Heinz Gert De Couet's Motion to Dismiss, or in the Alternative, for Summary Judgment held.Arguments heard.Motion taken under submission. Court to issue order.(Reporter-Gloria Bediamol) (CHIEF JUDGE DERRICK K. WATSON)(tyk)
July 17, 2023 Opinion or Order Filing 51 SUPPLEMENT re #25 Certificate of Service filed by James T. Douglas by James T. Douglas (Plaintiff's First Supplemental Response to Plaintiff's Initial Disclosures; Certificate of Service). (Belatti, Della)
July 7, 2023 Opinion or Order Filing 50 Defendants University of Hawaii, Aloysius Helminick, and Heinz Gert De Couet's REPLY Memorandum in Support of #42 Motion to Dismiss, or in the Alternative, for Summary Judgment, Filed on May 19,2023 filed by Heinz Gert De Couet, Aloysius Helminck, University of Hawaii. (Attachments: #1 Certificate of Service)(Kotowski, Joseph) Modified on 7/10/2023 to add linkage to underlying motion, docket text modified (eta).
June 30, 2023 Opinion or Order Filing 49 MEMORANDUM in Opposition re #42 Defendants University of Hawaii, Aloysius Helminck, and Heinz Gert de Couet's MOTION to Dismiss OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by James T. Douglas. (Belatti, Della) Docket text modified on 7/3/2023 (eta).
June 30, 2023 Opinion or Order Filing 48 CONCISE STATEMENT of Facts in Opposition to #42 Defendants University of Hawaii, Aloysius Helminck, and Heinz Gert de Couet's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment re #43 filed by James T. Douglas. (Attachments: #1 Declaration of Jeffrey D. Cirillo, PhD, #2 Exhibit 1, #3 Declaration Robert P. Ellis, PhD, #4 Exhibit 2, #5 Declaration of James T. Douglas, PhD, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Certificate of Service)(Belatti, Della) Docket text modified on 7/3/2023 (eta).
June 8, 2023 Opinion or Order Filing 47 EO: Due to a conflict in the Court's calendar and by agreement of the parties, the Settlement Conference set for 7/12/2023 is CONTINUED to 8/23/2023 at 1:00 p.m. via Video Teleconference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by 8/16/2023. The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
June 5, 2023 Opinion or Order Filing 46 NOTICE by Heinz Gert De Couet, Aloysius Helminck, University of Hawaii of Taking Deposition Upon Oral Examination of James T. Douglas Heinz Gert De Couet, Aloysius Helminck, University of Hawaii. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
June 4, 2023 Opinion or Order Filing 45 NOTICE by James T. Douglas of Taking Deposition Upon Oral Examination [Re: Heinz Gert De Couet] James T. Douglas. (Belatti, Della)
May 22, 2023 Opinion or Order Filing 44 EO: Defendants University of Hawai'i, Aloysius Helminck, and Heinz Gert De Couet's Motion to Dismiss, or in the Alternative, for Summary Judgment [Dkt. No. 42], filed on May 19, 2023, is set for hearing on July 21, 2023 at 9:00 a.m. in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (CHIEF JUDGE DERRICK K. WATSON)(tyk)
May 19, 2023 Opinion or Order Filing 43 CONCISE STATEMENT of Facts re #42 MOTION to Dismiss OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Heinz Gert De Couet, Aloysius Helminck, University of Hawaii. (Attachments: #1 Declaration Declaration of Counsel, #2 Declaration Declaration of Aloysius Helminck, #3 Declaration Declaration of Andrew Christian Whelen, #4 Exhibit Ex. A, #5 Exhibit Ex. B, #6 Exhibit Ex. C, #7 Exhibit Ex. D, #8 Exhibit Ex. E, #9 Exhibit Ex. F, #10 Certificate of Service)(Kotowski, Joseph)
May 19, 2023 Opinion or Order Filing 42 MOTION to Dismiss OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT Joseph F. Kotowski, III appearing for Defendants Aloysius Helminck, University of Hawaii, Heinz Gert De Couet (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Certificate of Service)(Kotowski, Joseph)
May 17, 2023 Opinion or Order Filing 41 NOTICE by James T. Douglas (Second Amended Notice of Taking Deposition Upon Oral Examination re: Aloysius Helminck) James T. Douglas. (Belatti, Della)
May 1, 2023 Opinion or Order Filing 40 CERTIFICATE OF SERVICE by Heinz Gert De Couet, Doe Defendants 1-25, Aloysius Helminck, University of Hawaii Defendant University of Hawaiis Response to Plaintiff James T. Douglas First Request for Production of Documents to Defendant University of Hawaii, dated March 29, 2023 (Kotowski, Joseph)
April 12, 2023 Opinion or Order Filing 39 NOTICE by James T. Douglas re #38 Notice (Other) Amended Notice of Taking Deposition Upon Oral Examination James T. Douglas. (Belatti, Della)
April 6, 2023 Opinion or Order Filing 38 NOTICE by James T. Douglas of Taking Deposition Upon Oral Examination James T. Douglas. (Seitz, Eric)
March 29, 2023 Opinion or Order Filing 37 CERTIFICATE OF SERVICE by James T. Douglas Re: Plaintiff James T. Douglas' First Request for Production of Documents to Defendant University of Hawaii (Belatti, Della)
February 13, 2023 Opinion or Order Filing 36 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/13/2023. (adi)
February 13, 2023 Opinion or Order Filing 35 EO: Pursuant to ECF No. 34, STIPULATION TO CONTINUE TRIAL DATE AND ORDER, Court to issue a Third Amended Rule 16 Scheduling Order.Jury Selection/Trial is set for 10/16/2023 at 9:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 10/2/2023 at 10:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Telephonic Final Pretrial Conference is set for 9/6/2023 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 7/12/2023 at 1:00 PM by Video Conference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 5/19/2023. Discovery due by 5/19/2023.Other Matters: The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. Telephonic hearings before Magistrate Judge Wes Reber Porter, will be held via Zoom Dial: 1-833-568-8864 / Meeting ID: 161 0084 2470. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.(adi)
February 13, 2023 Opinion or Order Filing 34 STIPULATION TO CONTINUE TRIAL DATE AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/13/2023. (eta)
February 6, 2023 Opinion or Order Filing 33 EO: Due to a scheduling conflict, the Court CONTINUES the Settlement Conference set for 10:00 a.m. on 3/23/2023 to 1:00 p.m. on the same date, 3/23/2023, by Video Teleconference (VTC) before Magistrate Judge Wes Reber Porter. The parties are reminded to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
November 28, 2022 Opinion or Order Filing 32 CERTIFICATE OF SERVICE by James T. Douglas Plaintiff's Expert Witness Disclosures re: Robert Paul Ellis, PH.D.; Exhibits 1-4 (Belatti, Della)
November 10, 2022 Opinion or Order Filing 31 CERTIFICATE OF SERVICE by James T. Douglas (Re: Plaintiff's Expert Witness Disclosures re: Jeffrey D. Cirillo, Ph.D.; Exhibits 1-4) (Belatti, Della)
November 10, 2022 Opinion or Order Filing 30 EO: Based on the parties' continued efforts to complete discovery and engage in mediation, and based on Defendant's stated lack of opposition, the Court finds good cause to GRANT Plaintiff's Motion to Amend Second Amended Rule 16 Scheduling Order to Reopen Plaintiff's Expert Disclosure Deadline, ECF No. #29 . Plaintiff's expert witness disclosure deadline is reopened and set for November 28, 2022. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
November 9, 2022 Opinion or Order Filing 29 MOTION to Amend/Correct #28 Scheduling Order to Reopen Plaintiff's Expert Disclosure Deadline; Della A. Belatti appearing for Plaintiff James T. Douglas (Attachments: #1 Declaration of Della A. Belatti, #2 Certificate of Service)(Belatti, Della)
October 11, 2022 Opinion or Order Filing 28 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/11/2022. (adi)
October 11, 2022 Opinion or Order Filing 27 EO: Pursuant to ECF No. #26 STIPULATION TO CONTINUE TRIAL DATE AND ORDER, Court to issue a Second Amended Rule 16 Scheduling Order.Jury Selection/Trial is set for 7/17/2023 at 9:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 7/3/2023 at 10:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Telephonic Final Pretrial Conference is set for 6/6/2023 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 3/23/2023 at 10:00 AM by Video Conference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 2/17/2023. Discovery due by 2/17/2023.Other Matters: The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. Telephonic hearings before Magistrate Judge Wes Reber Porter, will be held via Zoom Dial: 1-833-568-8864 / Meeting ID: 161 0084 2470. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.(adi)
October 11, 2022 Opinion or Order Filing 26 STIPULATION TO CONTINUE TRIAL DATE AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/11/2022. (eta)
October 5, 2022 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by James T. Douglas re: Plaintiff's Initial Disclosures (Belatti, Della)
May 2, 2022 Opinion or Order Filing 24 AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 5/2/2022. (eta)
April 29, 2022 Opinion or Order Filing 23 EO: Pursuant to ECF No. #22 , Stipulation to Continue Trial Date and Order, unexpired deadlines are continued consistent with the new trial date while all expired pretrial deadlines remain closed. An Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial is set for 08:30 AM on 3/13/2023 in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 1/31/2023 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 11/30/2022 at 01:30 PM by Video Teleconference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. Court will provide details regarding VTC prior to the conference date. Settlement Conference statements shall be emailed to porter_orders@hid.uscourts.gov by 11/23/2022.Discovery due by 1/13/2023. Dispositive Motions filed by 10/12/2022. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
April 12, 2022 Opinion or Order Filing 22 STIPULATION TO CONTINUE TRIAL DATE AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/12/2022. (eta)
December 7, 2021 Opinion or Order Filing 21 EP: EARLY SETTLEMENT CONFERENCE not held.Mr. Eric Seitz and Mr. James Douglas appeared for Plaintiff.Mr. Joseph Kotowski, Mr. Aloysius Helminck, Mr. Heinz Gert De Couet, and Mr. Darren Suzuki appeared for Defendant.The parties agreed to forgo the Settlement Conference so as to engage in private mediation. (Confidential / 10:00 - 10:06 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(rls)
September 7, 2021 Opinion or Order Filing 20 ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/7/2021. (emt, )
September 7, 2021 Opinion or Order Filing 19 ORDER SETTING EARLY SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/7/2021. (emt, )
September 7, 2021 Opinion or Order Filing 18 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/7/2021. (emt, )
September 7, 2021 Opinion or Order Filing 17 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE held on 9/7/2021.Ms. Della A. Bellati appeared for the plaintiff.Mr. Joseph F. Kotowski III appeared for the defendants.Telephonic Rule 16 Scheduling Conference held. A Rule 16 Scheduling Order to beissued.Jury Selection/Trial is set for 9/12/2022 at 8:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 8/2/2022 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 6/17/2022 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Early Settlement Conference is set for 12/7/2021 at 10:00 AM by Video Conference before MAGISTRATE JUDGE WES REBER PORTER.Early Settlement Conference statements due by 11/30/2021. Dispositive Motions filed by 4/13/2022. Discovery due by 7/15/2022. (ATT / 8:30 - 8:40 am) (MAGISTRATE JUDGE WES REBER PORTER)(rls, ) (Main Document 17 replaced on 9/7/2021) (rls, ).
September 3, 2021 Opinion or Order Filing 16 CERTIFICATE OF SERVICE by Heinz Gert De Couet, Aloysius Helminck, University of Hawaii [Re: Defendants University of Hawai'i, Aloysius Helminck; and Heinz Gert de Couet's Rule 26 Initial Disclosures] (Kotowski, Joseph)
August 31, 2021 Opinion or Order Filing 15 Scheduling Conference Statement for Plaintiff. (Belatti, Della)
August 31, 2021 Opinion or Order Filing 14 Scheduling Conference Statement of DEFENDANTS UNIVERSITY OF HAWAII, ALOYSIUS HELMINCK AND HEINZ GERT DE COUET. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
August 25, 2021 Opinion or Order Filing 13 REPORT of Parties' Planning Meeting ; Certificate of Service . (Belatti, Della) Modified on 8/26/2021 (emt, ).
August 25, 2021 Opinion or Order Filing 12 NOTICE of Appearance by Della A. Belatti on behalf of James T. Douglas on behalf of James T. Douglas. (Belatti, Della)
August 23, 2021 Opinion or Order Filing 11 EO: Because the parties have failed to file the required Report of Planning Meeting and Scheduling Conference Statements, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 8/24/2021 to 9/7/2021 at 8:30am before Magistrate Judge Wes Reber Porter via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. The Court will take the parties' delay into account when setting the trial date and pretrial deadlines in this case and when considering future requests to continue deadlines in this case. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
July 28, 2021 Opinion or Order Filing 10 EO: At the request of counsel for the Defendant, the Telephonic Rule 16 Scheduling Conference set for 8/10/2021 is CONTINUED to 09:45AM on 8/24/2021 before MAGISTRATE JUDGE WES REBER PORTER 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 8/17/2021. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
July 7, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Joseph F. Kotowski, III on behalf of Heinz Gert De Couet, Aloysius Helminck, University of Hawaii on behalf of Heinz Gert De Couet, Aloysius Helminck, University of Hawaii. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
June 18, 2021 Opinion or Order Filing 8 EO: The Telephonic Rule 16 Scheduling Conference set for 6/28/2021 is CONTINUED to 8/10/2021 at 8:45 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
May 5, 2021 Opinion or Order Filing 7 ORDER OF RECUSAL - Signed by SENIOR JUDGE HELEN GILLMOR on 5/5/2021. SENIOR JUDGE HELEN GILLMOR recused. Case reassigned to JUDGE DERRICK K. WATSON for all further proceedings. Please reflect Civil Case Number CV 21-00217 DKW-WRP on all further pleadings. (jo)
May 3, 2021 Opinion or Order Filing 6 Summons Issued as to All Defendants. (jni)
May 3, 2021 Opinion or Order 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)
May 3, 2021 Opinion or Order Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 6/28/2021 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/3/2021. (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)
May 3, 2021 Opinion or Order Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00217 HG-WRP on all further pleadings. (jni)
May 3, 2021 Opinion or Order Filing 2 Summons (Proposed) (Seitz, Eric)
May 3, 2021 Opinion or Order Filing 1 COMPLAINT FOR DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 receipt number 0975-2519532.), filed by James T Douglas. (Attachments: #1 Demand for Jury Trial, #2 Civil Cover Sheet)(Seitz, Eric)

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Plaintiff: James T. Douglas
Represented By: Gina May Szeto-Wong
Represented By: Eric A. Seitz
Represented By: Kevin A Yolken
Represented By: Jonathan M.F. Loo
Represented By: Della A. Belatti
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Defendant: University of Hawaii
Represented By: Joseph F. Kotowski, III
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Defendant: Doe Defendants 1-25
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Defendant: Aloysius Helminck
Represented By: Joseph F. Kotowski, III
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Defendant: Heinz Gert De Couet
Represented By: Joseph F. Kotowski, III
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