Pierce v. Connors et al
| Samuel Pierce |
| Clare Connors, David Ige and State of Hawaii |
| 1:2021cv00351 |
| August 19, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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Filing 43
OPPOSITION to Motion to Dismiss; Declaration in Support of Opposition re: #37 - filed by Samuel Pierce (jo)
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Filing 42
EO: In light of the pending #37 Motion to Dismiss Plaintiff's Second Amended Complaint, the Court GRANTS Defendants' #41 Motion to Continue Rule 16 Scheduling Conference. The Rule 16 Scheduling Conference previously set for 10/18/2021 IS CONTINUED TO 11/18/2021, at 1:30 p.m. HST (8:30 a.m. Japan time on 11/19/2021), before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 11/11/2021. 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 2123668IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/08/2021. (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 44
Mail Returned as Undeliverable sent to Samuel Pierce re: ECF #19 (jo)
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Filing 41
MOTION to Continue Rule 16 Scheduling Conference David N. Matsumiya appearing for Defendants Clare Connors, David Ige, State of Hawaii (Attachments: #1 Declaration David N. Matsumiya, #2 Certificate of Service)(Matsumiya, David)
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Filing 40
Mail Returned as Undeliverable, Incomplete Address sent to Samuel Pierce re: ECF 9 (jo)
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Filing 39
EO: Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, ECF No. 37, is set for hearing on Monday, November 1, 2021 at 1:30 p.m., Hawaii Standard Time (8:30 a.m. Japan time on November 2, 2021). The hearing will be either held telephonically or by videoconference, and the court will notify the parties in due course as to the type of hearing (or whether the matter will be submitted without a hearing under Local Rule 7.1(c)). Plaintiff's Opposition/Response is due by October 8, 2021. Defendants' optional Reply is due by October 18, 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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 38
Errata re #37 MOTION to Dismiss for failure to State a Claim . (Attachments: #1 Exhibit A, #2 Certificate of Service)(Matsumiya, David)
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Filing 37
MOTION to Dismiss for failure to State a Claim David N. Matsumiya appearing for Defendants State of Hawaii, David Ige, Clare Connors (Attachments: #1 Memorandum, #2 Declaration David N. Matsumiya, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Matsumiya, David)
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Filing 36
EO: On September 17, 2021, the Clerk of Court entered a "Second Amended Complaint" on the docket. See ECF No. #34 . The document was sent to the clerk as an attachment to an email, and it is unclear whether Plaintiff intended it to be filed in this court. A review of this document indicates it was dated by Plaintiff on September 8, 2021 (in Tokyo, Japan), id. at PageID # 195, and in all respects appears to be identical to the "Second Amended Complaint" that was already filed in this court on September 7, 2021. See ECF No. #24 .Accordingly, because the September 17, 2021 version of the "Second Amended Complaint" is a duplicate and serves no function, the court STRIKES it from the docket. The operative complaint in this action is the September 7, 2021 version of the "Second Amended Complaint" at ECF No. #24 . (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 35
ORDER of USCA as to #29 PETITION For A Writ of Mandamus, filed by Samuel Pierce; USCA No. 21-71271: DENIED Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the petition is denied. All pending motions are denied. No further filings will be entertained in this closed case. DENIED. (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).
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Filing 34
**STICKEN PURSUANT TO ECF NO. 36** SECOND AMENDED COMPLAINT against All Defendants - filed by Samuel Pierce Note: This document is identical to ECF #24 (jo) Modified on 9/20/2021 (rlfh)
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Filing 33
EO: For reasons stated in the attached Minute Order, "Plaintiff's Motion for Judgment on the Pleadings, ECF No. #28 , is DENIED." (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 32
EO: On August 25, 2021, Plaintiff filed an #11 Application for Permission to Participate in Electronic Filing ("Application"). Since Plaintiff filed the Application, Plaintiff has improperly filed documents, including, but not limited to, ECF Nos. 16, 17, and 18, which the district court struck as improper. See ECF No. 19 (striking Plaintiff's filings - ECF Nos. 16, 17, 18). The Court thus exercises its discretion to DENY the Application. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 09/13/2021. (mansfield2)COURTS CERTIFICATE OF SERVICE - Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 31
DECLARATION of Samuel Pierce - filed by Plaintiff Samuel Pierce (jo)
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Filing 30
USCA Case Number: 21-71271 as to #29 PETITION For A Writ of Mandamus - filed by Plaintiff Samuel Pierce (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).
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Filing 29
PETITION For A Writ of Mandamus - filed by Plaintiff Samuel Pierce (Filing Fee $505 DUE) cc: Ninth Circuit USCA No. 21-71271 (jo) Modified on 9/13/2021 (jo)
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Filing 28
MOTION for Judgment on the Pleadings and Application to Shorten Time - filed by Plaintiff Samuel Pierce (jo)
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Filing 27
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER, ECF NO. #3 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/10/2021. (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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).
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Filing 26
DECLARATION In Support of Reply re: #23 - filed by Samuel Pierce This document is signed by "Yu Pierce"(jo)
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Filing 25
DECLARATION In Support of Reply re: #23 - filed by Samuel Pierce (jo)
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Filing 24
SECOND AMENDED COMPLAINT against All Defendants - filed by Samuel Pierce (jo)
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Filing 22
NOTICE of Appearance by David N. Matsumiya on behalf of Clare Connors, David Ige, State of Hawaii on behalf of Clare Connors, David Ige, State of Hawaii. (Attachments: #1 Certificate of Service)(Matsumiya, David)
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Filing 23
CIVIL ACTION REPLY - filed by Samuel Pierce (jo)
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Filing 21
MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order filed by Clare Connors, David Ige, State of Hawaii. (Attachments: #1 Declaration of Hilton R. Raethel, #2 Declaration of David N. Matsumiya, #3 Declaration of Gary H. Yamashiroya, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Certificate of Service)(Gavigan, Marie)
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Filing 20
SUPPLEMENTAL Memorandum of Points and Authorities re: #3 - filed by Samuel Pierce (jo)
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Filing 19
EO: On August 19, 2021, Plaintiff Samuel Pierce ("Pierce") filed a Complaint against Hawaii State Attorney General Clare Connors and Hawaii Governor David Ige challenging the Hawaii "Safe Travels" program. ECF No. 1. On the same day, Pierce filed an Application for a Temporary Restraining Order, seeking the court to enjoin the State of Hawaii (1) "from distinguishing in any way between arriving international passengers and arriving passengers from the U.S. mainland" and (2) "from requiring international travelers to comply with any procedures under the Safe Travelers" program. ECF No. 3 at PageID # 16.Pierce has now filed a "Declaration and Third Ex Parte Application (for Temporary Restraining Order) Samuel Pierce," ECF No. 17. This Declaration is improperly filed in this case and is STRICKEN. First, it is unclear to the court what, if any, relief that Pierce seeks. Second, to the extent the Declaration is intended to supplement the Application for a Temporary Restraining Order, the court has set a briefing schedule that permits Pierce to file a reply brief. It is in that reply brief that Pierce can make any further appropriate arguments in support of his Application for a TRO that are responsive to arguments made by Defendants.Pierce has also submitted two other filings, ECF Nos. 16 & 18. In ECF No. 16, Pierce states that "I notify the clerk that the Local Rules conflict with the U.S. Constitution" and then provides "Supplemental Points and Authorities on Application for Ex Parte Relief." Pierce then engages in a rambling discourse, concluding in part that "I am here claiming to the Court that I am the lawful governor of the State of Hawaii." Id. at PageID # 35. To the extent Pierce is requesting the court to enter an order recognizing him as the Governor of the State of Hawaii, that request is delusional and is DENIED. Similarly, Pierce has not identified anything about the court's local rules that conflict with the Constitution; they were duly-promulgated under Federal Rule of Civil Procedure 83. ECF No. 16 is STRICKEN. Likewise, ECF No. 18 was improperly filed and is STRICKEN.Pierce is reminded that as a pro se litigant, unless specifically exempted from a particular rule, he has an obligation to abide by all applicable local and federal rules and/or statutes. See, e.g., Local Rule 81.1. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)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) on 9/1/2021.
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Filing 18
**Docket Entry Stricken Pursuant to ECF #19 ** [SUPPLEMENT] "For Urgent Filing" - filed by Samuel Pierce (jo) Modified on 8/31/2021 (jo)
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Filing 16
**Docket Entry Stricken Pursuant to ECF #19 ** SUPPLEMENTAL Points and Authorities on Application for Ex Parte Relief re: #3 - filed by Samuel Pierce (jo) Modified on 8/31/2021 (jo)
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Filing 17
**Docket Entry Stricken Pursuant to ECF #19 ** DECLARATION and THIRD EX PARTE APPLICATION (for Temporary Restraining Order) - filed by Plaintiff Samuel Pierce (jo) Modified on 8/31/2021 (jo)
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Filing 13
EO: By letter dated August 25, 2021, pro se Plaintiff Samuel Pierce requests an exemption from Local Rule LR10.3, which requires parties to provide mandatory chambers copies of certain filings. ECF No. #12 . After careful review, the court GRANTS Plaintiff's request. Additionally, given that Plaintiff currently resides in Tokyo, Japan, the court will allow him to make appearances either telephonically or via Zoom. Plaintiff shall communicate any preference to the courtroom manager in advance of any court appearance. (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 15
SUMMONS Returned Executed by Samuel Pierce. Clare Connors served on 8/24/2021. (jo)
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Filing 14
SUMMONS Returned Executed by Samuel Pierce. David Ige served on 8/24/2021. (jo)
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Filing 12
Letter (via email) to Chief Judge J. Michael Seabright from Plaintiff Samuel Pierce Re: request to be excused from the local rule requiring delivery of courtesy copies (jo)
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Filing 11
APPLICATION FOR PERMISSION TO PARTICIPATE IN ELECTRONIC FILING (E-FILE) (PRO SE NON-PRISONER) - filed by Samuel Pierce (jo)
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Filing 10
Pro Se (Non-Prisoner) Consent to Receive Documents and Notices of Electronic Filing by Email - filed by Samuel Pierce (Attachments: #1 Technical Guide for Using NEFs) (jo)
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Filing 9
EO: On August 19, 2021, Plaintiff Samuel Pierce filed a Complaint and Motion for Temporary Restraining Order ("Motion") against State of Hawaii Attorney General Clare Connors, Governor David Ige, and the State of Hawaii. ECF Nos. #1 , #3 . Briefing on the Motion will be as follows. Defendants shall submit a Response to the Motion by Friday, September 3, 2021. Plaintiff may then submit an optional Reply by Friday, September 10, 2021. After receiving the briefing, the court will determine whether to hold a hearing on the Motion. (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 8
Summons Issued as to Clare Connors, David Ige, State of Hawaii (jo)
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Filing 7
Filing fee received: $402.00; Pay.gov Tracking ID: 26T45BBH re: #1 Complaint (jo)
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Filing 6
Submission of Proposed Summons - filed by Samuel Pierce (jni)
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 10/18/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/19/2021. (Attachments: #1 Memo Re: Corporate Disclosures)(jni)
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Filing 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/19/2021 (jni)
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Filing 3
Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue - filed by Plaintiff Samuel Pierce (jni)
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Filing 2
CIVIL Cover Sheet - filed by Samuel Pierce (jni)
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Filing 1
VERIFIED COMPLAINT against All Defendants - filed by Samuel Pierce ($402 Filing Fee Paid - Pay.gov Tracking ID: 26T45BBH) (Attachments: #1 Exhibit A, #2 Exhibit B)(jni) Modified on 8/23/2021 (jo)
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COURT'S CERTIFICATE of Service - Filed copies of the Complaint, Civil Cover Sheet, Application for Temporary Restraining Order, Deficiency Order, Order Setting Rule 16 Scheduling Conference, and Proposed Summons have been served by email to the email address of record on 8/19/2021. (jni)
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