Hueter et al v. Kruse et al
| Steven Jay Pincus Hueter, Michael S. Kirk, Candyman, Tao, Chief Faamuli Pete Faamuli, Rosalia Tisa Faamuli and Faamuli Pete Faamuli |
| James L Mcguire, Lealaialoa Fritz Michael Kruse and Debra Anne Haaland |
| 1:2021cv00226 |
| May 11, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Environmental Matters |
| 16 U.S.C. § 1538 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 82
EO: Given the Government's indication that it intends to contest jurisdiction and proper service, the Rule 16 Scheduling Conference previously set for 07/12/2021 IS CONTINUED TO 08/12/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 08/05/2021.Until further notice, for all 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 (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 email to each of the Pro Se Plaintiffs Steven Jay Pincus Hueter, Faamuli Pete Faamuli and Michael S. Kirk at each of their respective email address of TaoLovesTau@gmail.com, Tui.Majope@gmail.com and TisaFaamuli29@gmail.com on 07/09/2021.
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Filing 81
PROOF OF SERVICE by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. James L Mcguire served by priority mail with certified return receipt on 5/20/2021. This document includes the tracking number and status of mailing (Attachments: #1 Certificate of Service) (jo)
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Filing 80
Defendant James L. McGuire's MOTION To Receive Electronic Notice of Filings - filed by Defendant James L Mcguire (Attachments: #1 (Proposed) Order) (jo)
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Filing 79
Defendant James L. McGuire's MOTION to Set Aside Entry of Default - filed by Defendant James L Mcguire (Attachments: #1 Memorandum of Points and Authorities In Support of Defendant McGuire's Motion to Set Aside Entry of Default, #2 Defendant James L. McGuire's Declaration In Support of Motion to Set Aside Entry of Default, #3 Marian McGuire's Declaration In Support of Motion to Set Aside Entry of Default, #4 (Proposed) Order) (jo)
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Filing 78
EO: On July 7, 2021, counsel for Defendants Lealaialoa Fritz Michael Kruse, Chief Justice of American Samoa, and Debra Anne Haaland, Secretary of the Interior (collectively, "Federal Defendants"), filed a Motion for Extension of Time, seeking a one-week extension to file an Opposition to Plaintiffs' Motion for Temporary Restraining Order. ECF No. #72 . Also on July 7, 2021, Plaintiffs filed an Opposition to the Motion for Extension of Time, arguing, in part, that an one-week extension of time "substantially prejudices" them. ECF No. 77 at PageID # 970.Having considered the Motion and Opposition and good cause having been demonstrated, the Motion for Extension of Time, ECF No. 72, is GRANTED. Federal Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order is now due by July 16, 2021. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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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Filing 77
Plaintiffs' OPPOSITION to #72 Motion for 7 Day Extension of Time For Federal Defendants' Opposition Except For Defendant Kruse as an Individual's Opposition to #17 Motion Authorities for Declaration of Rights and for Temporary Restraining Order, for Preliminary Injunction, for Permanent Injunction Re: Verified Complaint for Violation of Laws Re: Ex-Parte Communication Between a Judge and a Private Citizen and for Interference With Cleanup of Pollution Relating to a Private Alega Marine Protected Area Established in 1985 - filed Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Order, #2 Certificate of Service) (jo)
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Filing 76
PROOF OF SERVICE by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. United States Attorney served by priority mail with certified return receipt on 6/29/2021. This document includes the tracking number and status of mailing (jo)
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Filing 75
2nd MOTION for Sanctions With Authorities Against Defendant Kruse Re: Violation of Pretrial Court Order #4 and Violation of FRCP Rule 16 and Violation of LR 16.2(b) - filed by Plaintiffs Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Order, #2 Certificate of Service) (jo)
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Filing 72
MOTION for Extension of Time to File Response/Reply as to #17 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction Federal Defendantts' Motion For One-Week Extension Of July 9, 2021 Deadline For Filing Their Opposition To Plaintiffs' Motion For Temporary Restraining Order; COS Sydney Spector appearing for Defendant Lealaialoa Fritz Michael Kruse (Spector, Sydney)
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Filing 74
Plaintiffs' Updated Rule 16.2(b) Scheduling Conference Statement And Plaintiffs' Report Re: Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation for [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Certificate of Service) (jo)
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Filing 73
CERTIFICATE OF SERVICE - Personal Service on Defendant Mcguire Re: ECF Nos. 67, 62, 63, 64 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 71
[PROPOSED ORDER] Re: Plaintiffs' OPPOSITION to the [ECF No. 64] Request For A 60 Day Continuance of the [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 re: 68 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Certificate of Service) (jo)
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Filing 70
Plaintiffs' OPPOSITION to the [ECF No. 64] Request For A 60 Day Continuance of the [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 re: #68 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Certificate of Service) (jo)
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Filing 69
PROOF OF SERVICE by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. United States Attorney served by priority mail with certified return receipt on 6/29/2021. (jo)
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Filing 68
Scheduling Conference Statement Federal Defendants' Rule 16 Scheduling Conference Statement and Request For Continuance of July 12, 2021 Rule 16 Scheduling Conference; COS (Spector, Sydney) Modified on 7/7/2021 (jo)
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Filing 67
2nd APPLICATION For Default Judgment on Verified Amended Complaint [ECF No. 14] Pursuant to F.R.C.P. Rule 55 Against Defendant McGuire - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Order, #2 Certificate of Service) (jo)
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Filing 66
CERTIFICATE OF SERVICE On Defendant Mcguire By Email Re: ECF 63 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 65
CERTIFICATE OF SERVICE - Personal Service of Defendant Mcguire Re: ECF Nos. #54 and 59 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 64
EO: The Court DENIES #49 Plaintiffs' Request for Entry of Default re: Application for Default Judgment on Verified Amended Complaint Pursuant to F.R.C.P. Rule 55 Against Defendant McGuire to the extent that Plaintiffs seek default judgment against Defendant McGuire. Federal Rule of Civil Procedure 55 requires a two-step process consisting of: (1) seeking the clerk's entry of default; and (2) filing a motion for default judgment. See Symantec Corp. v. Global Impact, Inc., 559 F.3d 922, 923 (9th Cir. 2009). Plaintiffs filed a single motion simultaneously requesting both the entry of default and default judgment. As the Clerk had not yet entered default against Defendant McGuire, Plaintiffs' request for default judgment was premature at the time Plaintiffs filed the request. Plaintiffs must file a separate motion for default judgment after the Clerk enters default against a defendant. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)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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Filing 63
EO: The Court DENIES #50 Plaintiffs' Motion for Sanctions With Authorities Against Defendant McGuire. The proper remedy for Defendant McGuire's failure to answer Plaintiffs' Complaint is the entry of default. The Clerk entered default against Defendant McGuire on June 30, 2021 #54 . (mansfield1)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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Filing 62
VOLUNTARY WITHDRAWAL of [ECF No. #60 ] REQUEST For Entry of Default Re: APPLICATION For Default Judgment on Verified Amended Complaint Pursuant to F.R.C.P. Rule 55 Against Defendant Kruse as an Individual Only and Not in His Official Capacity - filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter (jo)
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Filing 61
PROOF OF SERVICE by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. U.S. Attorney General served by priority mail with certified return receipt on 5/20/2021. (jo)
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Filing 60
**Docket Entry Withdrawn Pursuant to ECF #62 ** REQUEST For Entry of Default Re: APPLICATION For Default Judgment on Verified Amended Complaint Pursuant to F.R.C.P. Rule 55 Against Defendant Kruse as an Individual Only and Not in His Official Capacity - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Entry of Default, #2 Affidavit In Support, #3 APPLICATION For Default Judgment, #4 (Proposed) Order For Default Judgment, #5 Affidavit of Service For Request For Entry of Default) (jo) Modified on 7/2/2021 (jo)
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Filing 59
EO: In light of the #28 Order Reassigning Case, the Telephonic Rule 16 Scheduling Conference previously set before Magistrate Judge Rom Trader will now be presided by Magistrate Judge Kenneth J. Mansfield for the same date and time of 07/12/2021 at 9:00 a.m. 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)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 Steven Jay Pincus Hueter, Faamuli Pete Faamuli and Michael S. Kirk at each of their last known email addresses of TaoLovesTau@gmail.com, Tui.Majope@gmail.com and TisaFaamuli29@gmail.com on 07/01/2021.
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Filing 58
PROOF OF SERVICE by Michael S. Kirk, Steven Jay Pincus Hueter, Faamuli Pete Faamuli. Lealaialoa Fritz Michael Kruse served by priority mail with certified return receipt on 5/20/2021. (jo)
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Filing 57
PROOF OF SERVICE by Michael S. Kirk, Steven Jay Pincus Hueter, Faamuli Pete Faamuli. U.S. Secretary of the Interior served by priority mail with certified return receipt on 5/20/2021. (jo)
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Filing 56
CERTIFICATE OF SERVICE on Defendants By Email Re: [ECF No. #54 ] Clerk's Entry of Default as to James L. Mcguire Pursuant to ECF 49 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 55
NOTICE of Appearance by Sydney Spector on behalf of Debra Anne Haaland, Lealaialoa Fritz Michael Kruse on behalf of Debra Anne Haaland, Lealaialoa Fritz Michael Kruse. (Spector, Sydney)
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Filing 54
Clerk's ENTRY OF DEFAULT as to James L Mcguire pursuant to ECF #49 (jo)
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Filing 53
MOTION for Sanctions With Authorities Against Defendant Kruse Re: Violation of Pretrial Court Order #4 and Violation of FRCP Rule 16 - filed by Plaintiffs Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed Order), #2 Certificate of Service) (jo)
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Filing 52
CERTIFICATE OF SERVICE On Federal Defendants By Email re: #50 MOTION for Sanctions - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 51
CERTIFICATE OF SERVICE On Federal Defendants By Email re: #49 REQUEST For Entry of Default - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 50
MOTION for Sanctions With Authorities Against Defendant McGuire Re: Violations of Court Orders #4 and 40 and Violation of FRCP Rule 16 and Pursuant to LR 11.1 and Re: Avoiding Service and Lack of Professional Conduct - filed by Plaintiffs Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed Order), #2 Certificate of Service) (jo)
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Filing 49
REQUEST For Entry of Default Re: APPLICATION For Default Judgment on Verified Amended Complaint Pursuant to F.R.C.P. Rule 55 Against Defendant McGuire - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 (Proposed) Entry of Default, #2 Affidavit In Support, #3 APPLICATION For Default Judgment, #4 (Proposed) Order For Default Judgment, #5 Affidavit of Service For Request For Entry of Default) (jo)
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Filing 48
EO: On June 25, 2021, Plaintiffs filed a #45 Motion with Authorities to Voluntarily Drop a Plaintiff Under F.R.C.P. Rule 21 ("Motion"), which seeks to "voluntarily drop" Plaintiff Rosalia Tisa Faamuli ("Plaintiff Rosalia Faamuli") as a plaintiff. Although the Motion cites Federal Rule of Civil Procedure 21 as the basis for Plaintiffs' request, the Court construes the Motion as a request to dismiss the claims asserted by Plaintiff Rosalia Faamuli under Federal Rule of Civil Procedure 41. Rule 41 provides that a plaintiff may dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment...." Fed. R. Civ. P. 41(1)(A)(i). None of the defendants has filed an answer or a motion for summary judgment. The Court thus GRANTS the Motion. Plaintiff Rosalia Faamuli's claims are hereby deemed dismissed. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 06/29/2021. (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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Filing 47
CERTIFICATE OF SERVICE On Federal Defendants By Email Chief Justice Kruse and Secretary of Interior Re: #38 Plaintiffs' REPORT Re: Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation For [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 46
CERTIFICATE OF SERVICE On Defendants By Email Re: 2nd [Proposed] Declaration re: #17 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 45
MOTION With Authorities to Voluntarily Drop A Plaintiff Under F.R.C.P. Rule 21 - filed by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Certificate of Service) (jo)
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Filing 44
EO: On June 25, 2021, the court held a status conference with the parties to discuss Plaintiffs' pending Motion for Temporary Restraining Order ("Motion for TRO"), ECF No. #17 . Representatives for the Department of Justice and Department of Interior appeared and advised that the United States will be representing Defendants the Secretary of Interior and Justice Kruse. Representation for Defendant James McGuire did not appear. At the status conference, the court ordered Defendants to submit an Opposition to the Motion for TRO, ECF No. 17, by July 9, 2021, and permitted Plaintiffs to submit an optional Reply by July 16, 2021. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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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Filing 43
EP: Status Conference conducted by telephone conference held.Special appearance by Rachel Moriyama, Chief U.S. Attorney - Civil Division, and Sydney Spector, Assistant U.S. Attorney, present on behalf of the Secretary of the Interior and the Chief Justice of American Samoa.Discussion held.Parties are to confer regarding service.Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order due by 07/09/2021.Plaintiffs' optional Reply due 07/16/2021. (Reporter-Ann Matsumoto) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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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Filing 42
CERTIFICATE OF SERVICE on Defendant McGuire Re: ECF 40 EO: Telephonic Status Conference and #38 Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation For [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 41
CERTIFICATE OF SERVICE On Federal Defendants Chief Justice Kruse and Secretary of Interior Re: #38 Plaintiffs' REPORT Re: Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation For [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 40
EO: Telephonic Status Conference is set for 06/25/2021 at 02:15 PM (HST) before CHIEF JUDGE J. MICHAEL SEABRIGHT. Parties are to participate via the court's AT&T teleconference services. 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.Call-in number: 1-888-684-8852Access Code: 5551921 (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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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Filing 39
CERTIFICATE OF SERVICE on Defendant McGuire Re: #38 Plaintiffs' REPORT Re: Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation For [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 38
Plaintiffs' REPORT Re: Rule 26 Planning Meeting Prior to Rule 16 Conference in Preparation For [ECF No. 4] Rule 16 Scheduling Conference of July 12, 2021 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 37
CERTIFICATE OF SERVICE Re: Documents [ECF No. #33 ] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 36
CERTIFICATE OF SERVICE Re: Documents [ECF Nos. #3 , #4 , #14 , #15 , #28 ] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 35
SUMMONS Returned Executed by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. James L Mcguire served on 6/5/2021. (jo)
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Filing 34
CERTIFICATE OF SERVICE Re: Documents [ECF No. #33 ] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 33
SUPPLEMENTAL MEMORANDUM OF LAW Re: #17 MOTION With Authorities for Declaration of Rights and for Temporary Restraining Order, for Preliminary Injunction, for Permanent Injunction Re: Verified Complaint for Violation of Laws Re: Ex-Parte Communication Between a Judge and a Private Citizen and for Interference With Cleanup of Pollution Relating to a Private Alega Marine Protected Area Established in 1985 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 32
CERTIFICATE OF SERVICE Re: Documents [ECF Nos. #17 , #18 ] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 31
PROOF OF RETURN OF SERVICE Re: Documents, #16 Request for Waiver of Service - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. US Secretary of the Interior and US Attorney General served 6/1/2021. US Attorney served 6/2/2021. Defendant Lealaialoa Fritz Michael Kruse served 5/24/2021. (jo)
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Filing 30
PROOF OF RETURN OF SERVICE Re: Documents [ECF Nos. #3 , #4 , #14 , #16 , #17 ] - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. US Secretary of the Interior and US Attorney General served 6/1/2021. US Attorney served 6/2/2021. Defendant Lealaialoa Fritz Michael Kruse served 5/24/2021. (jo)
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Filing 29
EO: On May 18, 2021, Plaintiffs filed a Verified Amended Complaint against Defendants L.F. Michael Kruse, Chief Justice of the High Court of American Samoa; James L. Mcguire; and the Secretary of Interior. ECF No. #14 . And on May 19, 2021, Plaintiffs filed a Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction ("Motion for TRO"), ECF No. #17 .From the face of the Complaint and Motion, it is unclear whether the court has subject-matter jurisdiction over this case. The court therefore ORDERS Plaintiffs to submit supplemental briefing on the Motion for TRO to address the following questions:(1) What are the legal bases for Plaintiffs' claims? That is, what laws do Plaintiffs allege each of the Defendants have violated? Among other matters, Plaintiffs should specifically address the law that governs ex parte contacts made by Article IV judges.(2) What is the legal basis for subject-matter jurisdiction over the claims against the Secretary of Interior under King v. Morton, 520 F.2d 1140 (9th Cir. 1975)?(3) What is the legal basis for subject-matter jurisdiction over the claims against Kruse and McGuire? (4) What is the legal basis for the court to order injunctive relief against Kruse and/or McGuire? Plaintiffs should submit a brief of not more than 20 pages by June 18, 2021. Plaintiffs' briefing is limited to addressing the specific questions raised in this EO. Plaintiffs are prohibited from attaching any additional exhibits or other documents unless they are directly responsive to these specific questions. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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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Filing 28
ORDER REASSIGNING CASE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/2/2021. Case reassigned to CHIEF JUDGE J. MICHAEL SEABRIGHT and MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further proceedings. JUDGE DERRICK K. WATSON, MAGISTRATE JUDGE ROM TRADER no longer assigned to case. Please reflect new case number CV 21-00226 JMS-KJM on all further pleadings (emt, )COURT'S CERTIFICATE of Service - All Plaintiffs have been served electronically to the email addresses of record listed on the Notice of Electronic Filing (NEF) on June 2, 2021.
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Filing 27
EO: On 5/17/21, Plaintiffs filed #11 Application Re: Permission to Receive Notices of Electronic Filing ("Application") seeking permission to receive electronic notices of filings in this case. The Court GRANTS Plaintiffs' Application and directs the Clerk's Office to add the following email addresses to the docket to ensure that Plaintiffs receive notices of all electronic filings: Tui.Majope@gmail.com, TisaFaamuli29@gmail.com, TaoLovesTau@gmail.com and SamoanLivesMatter@gmail.com.Plaintiffs shall be responsible for the following:1. Maintaining access to the specified email account;2. Promptly filing a notice if their email address changes to ensure their receipt of electronic notice is not interrupted;3. Promptly filing a notice if they no longer wish to receive electronic notices; and4. Regularly reviewing the docket in this case to ensure they are aware of all filings, documents, notices, court dates and deadlines.Failure to comply with the foregoing may result in revocation of authorization to receive notices electronically in this case. (MAGISTRATE JUDGE ROM TRADER)(laa)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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Filing 26
CERTIFICATE OF SERVICE re #3 , #4 , #16 - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, )
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Filing 25
CERTIFICATE OF SERVICE re #17 - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, )
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Filing 24
PROOF OF SERVICE by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. United States Attorney served by priority mail with certified return receipt on 5/20/2021. (emt, )
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Filing 23
PROOF OF SERVICE by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. James McGuire served by priority mail with certified return receipt on 5/20/2021. (emt, )
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Filing 22
SUMMONS Returned Executed PROOF OF SERVICE by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. Lealaialoa Fritz Michael Kruse served by priority mail with certified return receipt on 5/20/2021. (emt, ) Modified on 5/20/2021 (emt, ).
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Filing 21
SUMMONS Returned Executed PROOF OF SERVICE by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. U.S. Secretary of the Interior served by priority mail with certified return receipt on 5/20/2021. (emt, ) Modified on 5/20/2021 (emt, ).
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Filing 20
SUMMONS Returned Executed PROOF OF SERVICE by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. U.S. Attorney General served by priority mail with certified return receipt on 5/20/2021. (emt, ) Modified on 5/20/2021 (emt, ).
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Filing 19
CERTIFICATE OF SERVICE Re: #3 , #4 , #16 - by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (emt, )
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Filing 18
AFFIDAVIT in Support Re: re #17 MOTION With Authorities for Declaration of Rights and for Temporary Restraining Order, for Preliminary Injunction, for Permanent Injunction Re: Verified Complaint for Violation of Laws Re: Ex Parte Communication Between a Judge and a Private Citizen, for Interference With Interference With Cleanup of Pollution Relating to a Private Alega Marine Protected Area Established in 1985 - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 Appendix D - Tuafili of Fagaitua, et al. vs. Taape Faamuili (1944), #5 Appendix D - Journal of International Wildlife Law & Policy, #6 Appendix 00 - 1:20-cv-03686 TNM - Document Re: Defendant's Ex-Parte Conference (Federal Defendant Chief Justice L. Fritz Michael Kruse Has Illegal Ex Parte Conference With Hames McGuire at a Public Hearing on March 31, 2021 - HCLT - 28-2020 Re: Plaintiff's Opposition to American Samoa Defendants' 87 Motion to Strike 81 and 83), #7 Appendix 000 - Extracts from ABA Judicial Code of Conduct)(emt, )
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Filing 17
MOTION With Authorities for Declaration of Rights and for Temporary Restraining Order, for Preliminary Injunction, for Permanent Injunction Re: Verified Complaint for Violation of Laws Re: Ex-Parte Communication Between a Judge and a Private Citizen and for Interference With Cleanup of Pollution Relating to a Private Alega Marine Protected Area Established in 1985 - by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 Appendix D - Tuafili of Fagaitua, et al. vs. Taape Faamuili (1944), #5 Appendix D - Journal of International Wildlife Law & Policy, #6 Appendix 00 - 1:20-cv-03686 TNM - Document Re: Defendant's Ex-Parte Conference (Federal Defendant Chief Justice L. Fritz Michael Kruse Has Illegal Ex-Parte Conference With James McGuire at a Public Hearing on March 31, 2021 - HCLT - 28-2020 Re: Plaintiff's Opposition to American Samoa Defendants' 87 Motion to Strike 81 and 83), #7 Appendix 000 - Extracts from ABA Judicial Code of Conduct, #8 (Proposed) Order Re: Temporary Restraining Order, #9 (Proposed) Order Re: Preliminary Injunction, #10 (Proposed) Order Re: Permanent Injunction, #11 (Proposed) Declaration)(emt, )
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Filing 16
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(emt, )
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Filing 15
Summons Issued as to All Defendants. (emt, )
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Filing 14
VERIFIED AMENDED COMPLAINT for Violation of Laws Re: Ex Parte Communication Between a Judge and a Private Citizen, for Interference with Cleanup of Pollution, for Injunctive Relief, Declaratory Relief and Other Relief Relating to a Private Alega Marine Protected Area Established in 1985 against Lealaialoa Fritz Michael Kruse, James L Mcguire, Debra Anne Haaland - filed by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 Appendix D - Tuafili of Fagaitua, et al. vs. Taape Faamuili (1944), #5 Appendix D - Journal of International Wildlife Law & Policy, #6 Appendix 00 - 1:20-cv-03686 TNM - Document Re: Defendant's Ex-Parte Conference ("Federal Defendant Chief Justice L. Fritz Michael Kruse Has Illegal Ex-Parte Conference With James McGuire at a Public Hearing on March 31, 2021 - HCLT-28-2020 Re: Plaintiff's Opposition to American Samoa Defendants' 87 Motion to Strike 81 and 83", #7 Appendix 000 - Extracts from ABA Judicial Code of Conduct)(emt, )
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Filing 13
(REDLINE VERSION) VERIFIED AMENDED COMPLAINT for Violation of Laws Re: Ex Parte Communication Between a Judge and a Private Citizen, for Interference with Cleanup of Pollution, for Injunctive Relief, Declaratory Relief and Other Relief Relating to a Private Alega Marine Protected Area Established in 1985 - against All Defendants - filed by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli. (Attachments: #1 Appendix A - The Existing Network of Marine Protected Areas in American Samoa, #2 Appendix B - Bluesky Detritus, prepared for HCLT 28-2020, #3 Appendix C - Affidavits in Support, #4 Appendix D - Tuafili of Fagaitua, et al. vs. Taape Faamuili (1944), #5 Appendix D - Journal of International Wildlife Law & Policy, #6 Appendix 00 - 1:20-cv-03686 TNM - Document Re: "Federal Defendant Chief Justice L. Fritz Michael Kruse Has Illegal Ex-Parte Conference With James McGuire at a Public Hearing on March 31, 2021 - HCLT-28-2020 Re: Plaintiff's Opposition to American Samoa Defendants' 87 Motion to Strike 81 and 83", #7 Appendix 000 - Extracts from ABA Judicial Code of Conduct)(emt, )
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Filing 12
NOTICE of Case Reassignment: Please reflect Civil Case Number CV 21-00226 DKW-RT 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)
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Filing 11
APPLICATION Re: Permission To Receive Notices Of Electronic Filing - filed by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 10
Consent Election Form (jo) (Additional attachment(s) added on 5/18/2021: #1 Mailing Envelope) (jo)
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Filing 9
Filing fee received: $402.00; receipt number HI030654 re #1 Complaint (jo)
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Filing 8
EO: On 5/12/21, pro se Plaintiffs filed an [ECF #7 ] Application re: Permission for Notices of Electronic Filing ("Application"). The Plaintiffs request permission to receive electronic notices when documents are filed in this case. Currently, there is a pending [ECF #5 ] Deficiency Order in this case. The Plaintiffs must address the deficiency as stated in the Order before this Court will consider any motion in this case. Accordingly, the Application is denied without prejudice. Plaintiffs may refile their Application once the requirements of the [ECF #5 ] Deficiency Order has been met. (MAGISTRATE JUDGE ROM TRADER)(laa)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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Filing 7
APPLICATION Re: Permission To Receive Notices Of Electronic Filing - filed by Plaintiffs Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 6
Submission of Proposed Summons - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 5
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/11/2021. (jo)COURT'S CERTIFICATE OF SERVICE - Plaintiffs Served
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 7/12/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/11/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)COURT'S CERTIFICATE OF SERVICE - Plaintiffs Served
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Filing 3
NOTICE OF DESIGNATION OF RELATED CIVIL CASES PENDING IN THIS OR ANY OTHER UNITED STATES COURT - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 2
CIVIL Cover Sheet - filed by Faamuli Pete Faamuli, Rosalia Tisa Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 1
VERIFIED COMPLAINT For Violation of Laws Re: Ex-Parte Communication Between A Judge And A Private Citizen And For Interference With Cleanup Of Pollution And For Injunctive Relief And For Declaratory Relief And For Other Relief Relating to a Private Alega Marine Protected Area Established in ~1985 against All Defendants - filed by Michael S. Kirk, Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Faamuli Pete Faamuli (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E (erroneously named as Appendix D), #6 Appendix 00, #7 Appendix 000) (jo)
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