Francisco Alvarado, et al v. State of Hawaii, Department of Public Safety, et al.
| Chauncy Hata, Francisco Alvarado, Robert Gibson, Robert Walsh, Jonathan Carter, Brenon Nash, Wayne J. Ancheta, Garth Coleman, Duane Bertlemann, Anthony Chatman, Dustin Snedeker-Abadilla, Kuuipo Kalani, Bella Carvalho, Tearon Pachecho-Fernandez, Juanita Grammer, Zachary Granados, Tyndale Mobley and Joseph Deguair |
| State of Hawaii, Department of Public Safety, Max N. Otani, Nolan Espinda, David Y. Ige, Does 1-50 and Josh Green |
| 1:2021cv00268 |
| June 8, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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Filing 50
MEMORANDUM in Opposition re #45 MOTION to Amend/Correct #37 Order on Motion to Certify Class,, Order on Motion for Preliminary Injunction,, Order on Motion for TRO, filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: #1 Declaration of Kevin A. Yolken, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Yolken, Kevin)
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Filing 49
Letter addressed to Judge Jill A. Otake from Eric A. Seitz, Esq., dated August 6, 2021. (emt, )
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Filing 48
STATUS REPORT No. 1 Regarding Compliance with the Preliminary Injunction filed on July 13, 2021 by Max N. Otani. (Attachments: #1 Sworn Status Report Addressing Compliance at teh Hawaii Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, #2 Sworn Status Report Addressing Compliance at the Halawa Correctional Facility with the Preliminary Injunction filed on July 13, 2021, #3 Sworn Status Report Addressing Compliance at the Waiawa Correctional Facility with the Preliminary Injunction filed on July 13, 2021, #4 Sworn Status Report Addressing Compliance at the Maui Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, #5 Sworn Status Report Addressing Compliance at the Oahu Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, #6 Sworn Status Report Addressing Compliance at the Kauai Community Correctional Facility with the Preliminary Injunction filed on July 13, 2021, #7 Sworn Status Report Addressing Compliance with the Preliminary Injunction filed on July 13, 2021, #8 Sworn Status Report Addressing Compliance at the Women's Community Correctional Center filed on July 13, 2021, #9 Certificate of Service)(Cruz, Skyler)
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Filing 47
EO: Plaintiffs are directed to file a response to Defendant's #45 Motion to Clarify and/or Modify Preliminary Injunction by 8/6/21. Defendant's reply is due by 8/10/21. The Court will decide whether a hearing is necessary after reviewing the briefing. (JUDGE JILL A. OTAKE)(shm)
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Filing 46
EO: On 7/29/21, Defendant filed an #43 Ex Parte Motion to Waive the Seven-Day Requirement in Local Rule 7.8 Re: Motion to Clarify and/or Modify Preliminary Injunction. As a preliminary matter, the Court notes that Defendant did not explain why it was filed on a ex parte basis. Local Rule 7.10 ("Any ex parte application must include a declaration that states why a stipulation or motion could not be submitted and sets forth the positions of other parties with respect to the request, if known." (emphasis added)). The clerk's office is directed to remove the ex parte designation. As for the substance of the request, the Court GRANTS the Motion and authorizes the filing of the #45 Motion to Clarify and/or Modify Preliminary Injunction less than seven days after the parties' Local Rule 7.8 meeting. (JUDGE JILL A. OTAKE)(shm)
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Filing 45
MOTION to Amend/Correct #37 Order on Motion to Certify Class,, Order on Motion for Preliminary Injunction,, Order on Motion for TRO, Clare E. Connors appearing for Defendant Max N. Otani (Attachments: #1 Memorandum in Support, #2 Declaration of Max Otani, #3 Exhibit A, #4 Certificate of Service)(Connors, Clare)
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Filing 44
NOTICE of Appearance by Clare E. Connors on behalf of Max N. Otani on behalf of Max N. Otani. (Connors, Clare)
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Filing 43
EX PARTE Motion to Waive the Seven-Day Requirement in Local Rule 7.8 RE: Motion to Clarify and/or Modify Preliminary Injunction Kendall J. Moser appearing for Defendant Max N. Otani (Attachments: #1 Declaration of Kendall J. Moser, #2 Certificate of Service)(Moser, Kendall)
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Filing 42
ORDER # 1 REGARDING OVERSIGHT OF THE PRELIMINARY INJUNCTION re #37 , #41 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/21/2021. (emt, )
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Filing 41
EP: TELEPHONIC STATUS CONFERENCE held.Discussion held outlining the schedule for future regular status conferences to address compliance with the preliminary injunction. Regular Status Conference outline will be as follows: * First day of the month, parties are to file a Status Report to address issue and categories previously stated above. * One week after the Status Report deadline will be Plaintiff's Responsive Status Report. * One week after Plaintiff's Response Status Report will be the Status Conference.Mr. Seitz address his concerns.Status Report is due by August 2, 2021Plaintiff's Responsive Status Report is due by August 9, 2021.Further Telephonic Status Conference is set for 08/16/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. 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 2123668Court to issue an Order providing oversight. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb, )
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Filing 40
EO: Based on the #37 Order on the Motion for Preliminary Injunction issued by District Judge Jill A. Otake, which is authorizing Magistrate Judge Mansfield to address compliance with the preliminary injunction, engage in factfinding procedures as deemed appropriate, and to issue certified factual findings to District Judge Otake. Furthermore, the parties have been directed to attend a status conferences with Magistrate Judge Mansfield once a month and that one week prior to each status conference, the parties shall file a joint status report. If they are unable to do so, they shall file separate status reports. Therefore, a Telephonic Status Conference is set for Tuesday, 07/20/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. For this conference, parties need not file a status report but should be prepared to discuss compliance with the injunction. 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)
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Filing 39
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on July 15, 2021. (bbb)
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Filing 37
ORDER (1) GRANTING PLAINTIFFS' MOTION FOR PROVISIONAL CLASS CERTIFICATION AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER re #6 , #20 - Signed by JUDGE JILL A. OTAKE on 7/13/2021. (emt, )
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Filing 36
Defendant Max N. Otani's ANSWER to #18 Second Amended Complaint, for Injunctive Relief and Declaratory Judgment filed on June 22, 2021 by Max N. Otani. (Attachments: #1 Certificate of Service)(Cruz, Skyler) Modified on 7/15/2021 (emt, ).
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Filing 38
EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order. Non-Jury Trial is set for 07/11/2022 at 9:00 a.m. before JUDGE JILL A. OTAKE. Telephonic Final Pretrial Conference is set for 05/31/2022 at 9:45 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 09/15/2021 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 04/11/2022 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 02/09/2022. Discovery due by 05/13/2022. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Early Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other 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(AT&T Service / 9:02 - 9:08) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 35
EP: Hearing on Plaintiffs' #6 Motion for Preliminary Injunction and Temporary Restraining Order and #10 Motion for Provisional Class Certification was conducted by video teleconference (VTC). Oral arguments heard. #6 Motion for Preliminary Injunction and Temporary Restraining Order - TAKEN UNDER ADVISEMENT. #10 Motion for Provisional Class Certification - TAKEN UNDER ADVISEMENT.Court to issue a written order.(Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm)
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Filing 34
EO: Plaintiffs' #6 Motion for Preliminary Injunction and Temporary Restraining Order and #20 Motion for Provisional Class Certification will be addressed in the following order and subject to the identified time limits at the 7/8/21 hearing:(1) Motion for Preliminary Injunction and Temporary Restraining Order -- Each side will have 30 minutes total for argument. Plaintiffs will proceed first and may reserve a portion of their allocated time for rebuttal.(2) Motion for Provisional Class Certification -- Each side will have 15 minutes total for argument. Plaintiffs will proceed first and may reserve a portion of their allocated time for rebuttal. (JUDGE JILL A. OTAKE)(shm)
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Filing 33
Plaintiffs' Rule 16 Scheduling Conference Statement . (Yolken, Kevin) Modified on 7/6/2021 (emt, ).
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Filing 32
Defendant Max N. Otani's Rule 16 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Cruz, Skyler) Modified on 7/6/2021 (emt, ).
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Filing 31
REPORT of Planning Meeting . (Szeto-Wong, Gina)
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Filing 30
EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 9:30 a.m. IS ADVANCED TO 9:00 a.m. on the smae date of 07/12/2021 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)
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Filing 29
Plaintiffs' REPLY to Defendant's Opposition to #20 Plaintiffs' MOTION for Provisional Class Certification filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: #1 Memorandum Reply Memorandum in Support of Plaintiffs' Motion for Provisional Class Certification, #2 Declaration of Gina Szeto-Wong, #3 Declaration of Kevin A. Yolken, #4 Exhibit 1, #5 Exhibit 2, #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 Certificate of Service)(Szeto-Wong, Gina) Modified on 7/2/2021 (emt, ).
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Filing 28
MEMORANDUM in Opposition re #20 Plaintiffs' MOTION for Provisional Class Certification filed by Max N. Otani. (Attachments: #1 Declaration of Gavin Takenaka, #2 Declaration of Cramer Mahoe, #3 Declaration of Scott Harrington, #4 Declaration of Sean Ornellas, #5 Declaration of Wanda Craig, #6 Declaration of Eric Tanaka, #7 Declaration of Deborah Taylor, #8 Declaration of Francis Sequeira, #9 Declaration of Neal Wagatsuma, #10 Declaration of Stephanie Higa, #11 Certificate of Service)(Cruz, Skyler)
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Filing 27
EO: The hearing on: #6 Motion for Preliminary Injunction and Temporary Restraining Order; and #20 Plaintiffs' Motion for Provisional Class Certification is SET for 7/8/21 at 11:00 AM before DISTRICT JUDGE JILL A. OTAKE.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)
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Filing 26
REPLY re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Plaintiffs' Reply in Support of Plaintiffs' Motion for Temporary Restraining Order And Preliminary Injunction filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order And Preliminary Injunction, #2 Declaration of Gina Szeto-Wong, #3 Declaration of Kevin A. Yolken, #4 Exhibit 1, #5 Exhibit 2, #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 Certificate of Service)(Szeto-Wong, Gina)
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Filing 25
EO: On 6/24/21, Plaintiffs filed an #24 Ex Parte Motion to Exceed Page Limitation, requesting a three-page extension of the page limit for the reply memorandum in support of their Motion for Preliminary Injunction and Temporary Restraining Order. Good cause appearing therefor, the Court GRANTS the Motion. (JUDGE JILL A. OTAKE)(otake1)
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Filing 24
Ex Parte MOTION for Leave to File Excess Pages Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Gina Szeto-Wong, #3 Proposed Order Granting Ex Parte Motion to Exceed Page Limitation, #4 Certificate of Service)(Szeto-Wong, Gina)
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Filing 23
Summons Issued as to Max N. Otani. (emt, )
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Filing 22
MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Nolan Espinda, Josh Green, David Y. Ige, Max N. Otani, State of Hawaii, Department of Public Safety. (Attachments: #1 Declaration Gavin Takenaka, #2 Declaration Tommy Johnson, #3 Declaration Cramer L. Mahoe, #4 Declaration Scott Harrington, #5 Declaration Sean Ornellas, #6 Declaration Wanda Craig, #7 Declaration Eric Tanaka, #8 Declaration Deborah Taylor, #9 Declaration Francis Sequeira, #10 Declaration Neal Wagatsuma, #11 Declaration Stephanie Higa, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Certificate of Compliance, #17 Certificate of Service)(Cruz, Skyler)
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Filing 21
EO: The Court imposes the follow briefing schedule for #20 Plaintiffs' Motion for Provisional Class Certification: opposition due by noon on 6/28/21, reply due by 4:30 p.m. on 7/1/21. (JUDGE JILL A. OTAKE)(shm)
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Filing 20
Plaintiffs' MOTION for Provisional Class Certification Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Anthony Chatman (Attachments: #1 Memorandum, #2 Declaration of Gina Szeto-Wong, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Declaration of Eric A. Seitz, #11 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/24/2021 (emt, ).
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Filing 19
Summons (Proposed) (Szeto-Wong, Gina)
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Filing 18
Second AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT against Max N. Otani, filed by Francisco Alvarado, Anthony Chatman, Zachary Granados, Tyndale Mobley, Joseph Deguair .(Szeto-Wong, Gina) Modified on 6/24/2021 (emt, ).
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Filing 17
STIPULATION AND ORDER GRANTING PLAINTIFFS LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/22/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(emt, )
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Filing 16
EO: On 6/21/21, Defendants filed a #15 Motion for Leave to Exceed Limits in Local Rule 7.4(a) and (b), requesting an extension of the page limit from 25 to 35 pages (or 7,200 words) for their opposition to Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order. Good cause appearing therefor, the Court GRANTS the Motion. (JUDGE JILL A. OTAKE)(shm)
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Filing 15
MOTION for Leave to File Excess Pages in Local Rule 7.4(a) and (b) Kendall J. Moser appearing for Defendants Nolan Espinda, Josh Green, David Y. Ige, Max N. Otani, State of Hawaii, Department of Public Safety (Attachments: #1 Memorandum, #2 Declaration Kendall J. Moser, #3 Certificate of Service)(Moser, Kendall)
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Filing 14
SUPPLEMENT re #6 Plaintiffs' MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Robert Walsh, Wayne J. Ancheta, Duane Bertlemann, Francisco Alvarado, Brenon Nash by Francisco Alvarado, Wayne J. Ancheta, Duane Bertlemann, Bella Carvalho, Anthony Chatman, Juanita Grammer, Kuuipo Kalani, Brenon Nash, Tearon Pachecho-Fernandez, Dustin Snedeker-Abadilla, Robert Walsh . (Attachments: #1 Supplement to Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order, #2 Declaration of Gina Szeto-Wong, #3 Exhibit A, #4 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/21/2021 (emt, ).
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Filing 13
EO: The Court sets the following briefing schedule for #6 Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order: supplementation due by noon on 6/18/21, opposition due by noon on 6/23/21, reply due by 4:30 p.m. on 6/25/21. The Court will set a hearing once the pending matters referenced in the parties' #12 Joint Letter are resolved. Plaintiffs are directed to file their motion for provisional class certification after filing their second amended complaint to ensure that the request pertains to the operative pleading. Until the Court is able to review the motion for provisional class certification and any potential motion for judgment on the pleadings, it declines to set a briefing schedule or hearing on those matters. While the Court appreciates the parties efforts to resolve certain issues without court involvement, it cautions that the ongoing filings -- all of which potentially affect the request for injunctive relief -- may delay the adjudication of Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order. Should Defendants decline to file a motion in response to the second amended complaint, or delay in filing a motion, the Court will set a hearing on an expedited basis for the Motion for Preliminary Injunction and Temporary Restraining Order and the anticipated motion for provisional class certification. (JUDGE JILL A. OTAKE)(shm)
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Filing 12
Letter addressed to Judge Jill A. Otake from Eric A. Seitz, Esq., Gina Szeto-Wong, Esq., and Kevin A. Yolken, Esq., counsel for Plaintiffs, dated June 17, 2021. (emt, )
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Filing 10
EP: Status Conference was conducted by telephone conference. Discussion held re: viability of further settlement negotiations. Plaintiffs intend to supplement their Motion for Preliminary Injunction and potentially amend the First Amended Class Action Complaint for Injunctive Relief and Declaratory Judgment Against All Defendants.Parties to submit a joint letter by noon on 6/17/2021 to otake_orders@hid.uscourts.gov informing the court of their positions following their LR 7.8 conference. Motion for Provisional Class Certification is due 6/17/2021.The Court will set a briefing schedule and hearing date after reviewing the additional submissions. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm)
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Filing 11
EP: EARLY SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. No settlement reached at this time. Further discussions on call. (Video Tele-Conference (VTC) - No Record 10:00 - 11:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 9
EP: Status Conference was conducted by telephone conference.Discussion held regarding Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order.Settlement conference is set for June 15, 2021 at 10:00 a.m. before Magistrate Judge Kenneth J. Mansfield. This hearing will be conducted by video teleconference ("VTC"). VTC connection information to be provided to the Parties.Parties to submit a confidential settlement letter (no more than 5 pages) to the mansfield_orders@hid.uscourts.gov no later than 12:00 p.m. on June 14, 2021.A Telephonic Status Conference is set for June 16, 2021 at 3:00 p.m. before the Honorable Jill A. Otake.Parties are to participate via the court's AT&T teleconference services. Call-ininformation 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: 1-888-636-3807Access Code: 1450662 (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(rlfh)
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Filing 8
TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV210000541. (emt, )
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Filing 7
EO: A Status Conference is SET for 06/10/2021 at 2:00 PM before DISTRICT JUDGE JILL A. OTAKE. Pursuant to the March 15, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, the hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for 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 Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-636-3807.2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.Any parties or members of the public or media wishing to attend the hearing by telephone conference shall also follow the Participant Instructions. (JUDGE JILL A. OTAKE)(shm)
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Filing 6
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Wayne J. Ancheta, Duane Bertlemann, Brenon Nash, Robert Walsh (Attachments: #1 Memorandum, #2 Certificate of Compliance, #3 Declaration of Gina Szeto-Wong, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit 1, #13 Exhibit 2, #14 Exhibit 3, #15 Exhibit 4, #16 Certificate of Service)(Szeto-Wong, Gina)
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Filing 5
First AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF and DECLARATORY JUDGMENT against All Defendants, filed by Brenon Nash, Wayne J. Ancheta, Francisco Alvarado, Chauncy Hata , Robert Walsh, Duane Bertlemann, Robert Gibson, Jonathan Carter, Garth Coleman, , Anthony Chatman, Dustin Snedeker-Abadilla, Kuuipo Kalani, Bella Carvalho, Tearon Pachecho-Fernandez, Juanita Grammer . (Attachments: #1 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/10/2021 to add additional plaintiffs named in the FAC (emt, ).
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Filing 4
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm)
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 7/12/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/8/2021. (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)
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Filing 2
NOTICE of Case Assignment: Please reflect Civil case number CV 21-00268 JAO-KJM on all further pleadings.(jni)
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Filing 1
NOTICE OF REMOVAL by State of Hawaii, Department of Public Safety, Nolan Espinda, Max N. Otani, David Y. Ige, Josh Green from First Circuit Court, case number 1ccv-21-0000541. ( Filing fee $ 402 receipt number 0975-2536877), filed by State of Hawaii, Department of Public Safety, Nolan Espinda, Max N. Otani, David Y. Ige, Josh Green. (Attachments: #1 Exhibit A - Class Action Complaint, 1CCV-21-0000541, #2 Certificate of Service)(Cruz, Skyler) Modified on 6/14/2021 (emt, ).
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