Hueter et al v. Kruse et al
| Steven Jay Pincus Hueter, Chief (Sa'O) Faamuli Pete Faamuli and Michael S. Kirk |
| Lealaialoa Fritz Michael Kruse and Debra Anne Haaland |
| 1:2021cv00415 |
| October 14, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 35
MANDATE of USCA as to #22 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16792 The judgment of this Court, entered November 09, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (jo)COURT'S 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 34
Pro Se Appeal Packet as to #31 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16942 (Attachments: #1 Notice of Appeal, #2 USDC Instructions for Civil Appeals, #3 Docket Sheet) (jo)COURT'S 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 33
USCA TIME SCHEDULE ORDER as to #31 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16942 (jo)COURT'S 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 32
USCA Case Number: 21-16942 as to #31 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter (jo)COURT'S 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
NOTICE OF APPEAL as to #29 ORDER DISMISSING ACTION FOR CLAIM-SPLITTING - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk USCA No. 21-16942 (Attachments: #1 Pay.gov Online Payment Re: Filing fee: $505.00; Pay.gov Tracking ID: 26U1RBK6) (jo)COURT'S 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 Notice of Electronic Filing (NEF). Modified on 11/19/2021 (jo)
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Filing 30
CLERK'S JUDGMENT entered 11/10/2021 pursuant to ECF #29 ORDER DISMISSING ACTION FOR CLAIM-SPLITTING (jo)COURT'S 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 29
ORDER DISMISSING ACTION FOR CLAIM-SPLITTING - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/10/2021. For the foregoing reasons, the court DISMISSES the instant action with prejudice for impermissible claim-splitting. The Clerk of Court is directed to close the case file. (jo)COURT'S 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 28
ORDER of USCA as to #22 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16792: DISMISSED A review of the record demonstrates that this court lacks jurisdiction over this appeal because the October 19, 2021 order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. (jo)
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Filing 27
Pro Se Appeal Packet as to #22 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16792 (Attachments: #1 Notice of Appeal, #2 USDC Instructions for Civil Appeals, #3 Docket Sheet) (jo)COURT'S 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 26
USCA TIME SCHEDULE ORDER as to #22 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter; USCA No. 21-16792 (jo)COURT'S 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 25
USCA Case Number: 21-16792 as to #22 Notice of Appeal, filed by Michael S. Kirk, Faamuli Pete Faamuli, Steven Jay Pincus Hueter (jo)COURT'S 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 24
EO: On October 24, 2021, Plaintiffs filed a Notice of Appeal to the Ninth Circuit, regarding this court's Order Denying Plaintiffs' Ex Parte Motion for Temporary Restraining Order. ECF No. #22 . A district court's denial of an application for temporary restraining order ("TRO") is ordinarily not appealable; such denial is reviewable on appeal only if the order is tantamount to the denial of a preliminary injunction. See Religious Tech. Ctr., Church of Scientology Int'l v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989) ("Ordinarily, an appeal does not lie from the denial of an application for a [TRO]; such appeals are considered premature and are disallowed in the interests of avoiding uneconomical piecemeal appellate review."); see also Washington v. Trump, 847 F.3d 1151, 1158 (9th Cir. 2017) (stating that, ordinarily, a TRO possesses the qualities of a preliminary injunction if "the would-be appellant... show[s] that the TRO was strongly challenged in adversarial proceedings before the district court and that it has or will be in force for longer than the fourteen-day period identified in [Fed. R. Civ. P.] 65(b)"). Here, the Order denying Plaintiff's TRO--which was brought and decided ex parte--does not qualify as a denial of a preliminary injunction and therefore it appears that the denial of the TRO is not subject to appeal. And a district court retains jurisdiction over a matter if a party appeals a non-appealable order. See Estate of Conners by Meredith v. O'Connor, 6 F.3d 656, 658 (9th Cir. 1993) ("[T]ransfer of jurisdiction from the district court to the court of appeals is not effected... if a litigant files a notice of appeal from an unappealable order."); see also United States v. Hickey, 580 F.3d 922, 928 (9th Cir. 2009).Thus, this matter will proceed in the district court as if no notice of appeal has been filed. Stated differently, the court retains jurisdiction over this case--including the disposition of the Order to Show Cause, ECF No. #20 --despite the filing of Plaintiff's Notice of Appeal. (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 23
Pay.gov Online Payment Re: Filing fee: $505.00; Pay.gov Tracking ID: 26TOC5OE re: #22 Notice of Appeal cc: Ninth Circuit (jo) Modified on 10/25/2021 (jo)
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Filing 22
NOTICE OF APPEAL from a Judgment or Order of a United States District Court re: #19 ORDER DENYING PLAINTIFFS' EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER, ECF NO. 12 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk USCA No. 21-16792 (jo) COURT'S 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) Modified on 10/26/2021 (jo)
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Filing 21
Plaintiffs' RESPONSE TO [ECF No. #20 ] ORDER TO SHOW CAUSE - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E) (jo)
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Filing 20
ORDER (1) TO SHOW CAUSE; AND (2) STAYING ACTION - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/19/2021. Show Cause Response due by 11/12/2021 (jo)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 19
ORDER DENYING PLAINTIFFS' EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER, ECF NO. #12 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/19/2021. The court takes this opportunity to provide a warning to Plaintiffs: Plaintiffs have filed multiple cases in this court, each having complex and unique jurisdictional issues. The court has spent an inordinate amount of time considering these issues, many of which are still pending before the court. But filings such as the instant TRO Motion, which is frivolous and appears to have been filed in bad faith, taxes the resources of the court. Moving forward, the court will not hesitate to sanction Plaintiffs for engaging in abusive litigation tactics. The TRO Motion is meritless and is DENIED. (jo)COURT'S 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 18
CERTIFICATE OF SERVICE re: #2 , #8 , #12 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 17
PROOF OF SERVICE - SUMMONS Returned Executed by Steven Jay Pincus Hueter, Michael S. Kirk, Faamuli Pete Faamuli. Lealaialoa Fritz Michael Kruse served on 10/18/2021 via the secretary authorized to receive service of legal papers on behalf of the judiciary. (jo)
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Filing 16
PROOF OF SERVICE (US Attorney General served via certified mail, RRR) - by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 15
PROOF OF SERVICE (Debra Ann Haaland served via certified mail, RRR) - by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 14
PROOF OF SERVICE (US Attorney served via certified mail, RRR) - by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 13
CERTIFICATE OF SERVICE re: #2 , #8 , #12 - filed by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (jo)
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Filing 12
Plaintiffs' EX PARTE Motion With Authorities For A Temporary Restraining Order And For Relief In The Nature of Mandamus Under 28 USC 1361 Against Federal Defendants, to Prevent the October 25, 2021 Hearing in HCLT 28-2021 For Clear Lack of Any Basis in Jurisdiction Due to Lack of Certificate of Irreconcilable Dispute From the Office of Samoan Affairs - filed by Plaintiffs Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (jo)
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Filing 11
Summons Issued as to All Defendants. (eta)
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Filing 10
ORDER REASSIGNING CASE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/15/2021. Case reassigned to CHIEF JUDGE J. MICHAEL SEABRIGHT and MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further proceedings. JUDGE JILL A. OTAKE, MAGISTRATE JUDGE ROM TRADER no longer assigned to case. Please reflect new case number CV 21-00415 JMS-KJM on all further pleadings . (eta)COURT'S 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 9
Pay.gov Submission [on October 14, 2021] re Filing fee: $ 402, Pay.gov Tracking ID: 26TL8NSJ re #1 Complaint [Transaction date: October 15, 2021]. (eta)
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Filing 8
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/13/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/14/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(eta)
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Filing 7
NOTICE OF DESIGNATION OF RELATED CIVIL CASES PENDING IN THIS OR ANY OTHER UNITED STATES COURT - by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (eta)
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Filing 6
Pro Se (Non-Prisoner) Consent to Receive Notice of Electronic Filings - by Michael S. Kirk. (Attachments: #1 Technical Guide re: NEFs) (eta)
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Filing 5
Pro Se (Non-Prisoner) Consent to Receive Notice of Electronic Filings - by Faamuli Pete Faamuli (Attachments: #1 Technical Guide re: NEFs) (eta)
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Filing 4
Pro Se (Non-Prisoner) Consent to Receive Notice of Electronic Filings - by Steven Jay Pincus Hueter. (Attachments: #1 Technical Guide re: NEFs) (eta)
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Filing 3
CIVIL Cover Sheet - by Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk. (eta)
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Filing 2
MOTION With Authorities for a Temporary Restraining Order and for a Preliminary Injunction Against Defendants, and for Relief in the Nature of Mandamus Under 28 USC 1361 Against Federal Defendants, Relating to the Verified Complaint for a Permanent Injunction Against High Court of American Samoa Hon. Chief Justice L. Fritz Michael Kruse for Acts Clearly Without Any Basis in Jurisdiction and Against Secretary of Interior for Failing to Act to Insure Judiciary of American Samoa Upholds Constitutional Standards and for Other Relief - by Plaintiffs Faamuli Pete Faamuli, Steven Jay Pincus Hueter, Michael S. Kirk (Attachments: #1 Appendix A - Transcript of October 8, 2021 Hearing, #2 Appendix B - Transcript of March 31, 2021 Hearing, #3 Appendix C - November 12, 2020 Order to Clean up All Pollution, #4 Appendix D - Message from Defendant McGuire)(eta)
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Filing 1
Verified COMPLAINT for Relief in the Nature of Mandamus Under 28 USC 1361 and for Violations of Constitutional Rights Under 42 USC 1983 and for Conspiracy to Interfere with Rights Under 42 USC 1985(3) and for Injunctive Relief and for Declaratory Judgment Against High Court of American Samoa Hon. Chief Justice L. Fritz Micahel Kruse for Acts Clearly Without Any Basis in Jurisdiction and Against Secretary of the Interior for Failing to Act to Insure Judiciary of American Samoa Upholds Constitutional Standards and for Other Relief against All Defendants - filed by Steven Jay Pincus Hueter, Michael S. Kirk, Faamuli Pete Faamuli. (Attachments: #1 Appendix A - Transcript of October 8, 2021 Hearing, #2 Appendix B - Transcript of March 31, 2021 Hearing, #3 Appendix C - November 12, 2020 Order to Clean up All Pollution, #4 Appendix D - Message from Defendant McGuire)(eta)
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