Roa, et al v. City and County of Honolulu
| Peter Roa and Randall Franklin |
| City and County of Honolulu |
| 1:2021cv00333 |
| August 4, 2021 |
| U.S. District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 19 EP: EARLY SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. Parties reached a settlement of the attorneys fees portion of this case, subject to City Council approval.Status Conference set for September 22, 2021 is vacated.Stipulation for dismissal due to watson_orders@hid.uscourts.gov by November 17, 2021. (Video Tele-Conference (VTC) - no record 1:30 - 2:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 18 EO: At the request of counsel, an Early Settlement Conference is set for 09/17/2021 at 1:30 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Confidential settlement conference statements are due by 09/10/2021. One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.govThe Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 17 EO: In light of the #14 Stipulation and Order, the Rule 16 Scheduling Conference set for 10/04/2021 is VACATED. Court sets a Telephonic Status Conference for 09/22/2021 at 9:30 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) |
| Filing 16 EO: Hearing on the #3 Motion for Preliminary Injunction set for October 8, 2021 before Judge Derrick K. Watson has been VACATED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 15 EO: In light of a stipulation reached by the parties and signed by the Court, Dkt. No. 14, the briefing deadlines established at Dkt. No. 10 are hereby VACATED. Plaintiffs' motion for preliminary injunction, Dkt. No. 3, shall by held in abeyance until further order of this Court. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
Filing 14
STIPULATION AND ORDER - Signed by JUDGE DERRICK K. WATSON on 8/16/2021. The parties agree that a non-criminal violation of HRS 711-1101 does not disqualify a person from owning or possessing a firearm under HRS 134-7(b). Therefore, it is stipulated that the Honolulu Police Department is permanently enjoined from denying a permit to acquire a firearm based on a non-criminal violation of 711-1101. (emt, )
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| Filing 13 SUMMONS Returned Executed by Peter Roa, Randall Franklin. City and County of Honolulu served on 8/11/2021. (Beck, Alan) |
| Filing 12 NOTICE of Appearance by Nicolette Winter on behalf of City and County of Honolulu on behalf of City and County of Honolulu. (Winter, Nicolette) |
| Filing 11 NOTICE of Appearance by Robert M. Kohn on behalf of City and County of Honolulu on behalf of City and County of Honolulu. (Kohn, Robert) |
| Filing 10 EO: On August 4, 2021, Plaintiffs Peter Roa and Randall Franklin filed a motion for preliminary injunction in this case. Dkt. No. 3. The Court sets the following hearing and briefing schedule. A hearing on the motion for preliminary injunction will be held on October 8, 2021 at 9:30 a.m. in Aha Kupono before Judge Derrick K. Watson. Defendant, City & County of Honolulu, shall respond to the motion for preliminary injunction on or before September 3, 2021. Plaintiffs may file a reply on or before September 17, 2021. In briefing the motion for preliminary injunction, the parties should, among other things, address the following. In the motion, Plaintiffs argue that Defendant's refusal to grant them a firearm permit "is contrary to a plain reading of" Hawaii law and their convictions for disorderly conduct do not qualify as crimes of violence under Hawaii law. Dkt. No. 3-1 at 2. The parties should address whether this Court should certify the foregoing arguments to the Supreme Court of Hawaii pursuant to Hawaii Rule of Appellate Procedure 13. Plaintiffs are instructed to serve a copy of this Entering Order on Defendant. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 9 NOTICE OF UNCONSTITUTIONALITY by Peter Roa and Randall Chatman Franklin . (O'Grady, Kevin) Modified on 8/9/2021 (emt, ). |
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Filing 8
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 10/4/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/5/2021. (Attachments: #1 Memo from Clerk 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. (emt, )
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| Filing 7 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, ) |
| Filing 6 Summons Issued as to City and County of Honolulu. (emt, ) |
| Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00333 DKW-KJM on all further pleadings. (emt, ) |
| Filing 4 NOTICE of Appearance by Alan A. Beck on behalf of Peter Roa on behalf of Peter Roa. (Beck, Alan) |
| Filing 3 MOTION for Preliminary Injunction Kevin Gerard O'Grady appearing for Plaintiff Peter Roa (Attachments: #1 Memorandum in support of Motion for PI, #2 Certificate of Service)(O'Grady, Kevin) Modified on 8/5/2021 (emt, ). |
| Filing 2 Summons (Proposed) (O'Grady, Kevin) |
| Filing 1 Verified COMPLAINT for Declaratory and Injunctive Relief against Honolulu, City & County of ( Filing fee $ 402 receipt number 0975-2562098.), filed by Peter Roa. (Attachments: #1 Verification of Peter Roa , #2 Verification of Randall Chatman Franklin , #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Civil Cover Sheet )(O'Grady, Kevin) Modified on 8/5/2021 (emt, ). |
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