Yellen v. Biden et al
| Mike Yellen |
| Joe Biden, David Ige, Mitch Roth, State of Hawaii, Imiloa Astronomy Center Hawaii, Walmart, Inc., Safeway, Inc., Target Corporation, The Home Depot, Inc. and Jane/John Does 1-1000 |
| 1:2022cv00028 |
| January 14, 2022 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| WES REBER PORTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 56 MOTION for Joinder re #34 MOTION to Dismiss Defendant Mitch Roth, Mayor, Hawaii's [sic] Motion to Dismiss [Dkt. 1] Complaint, Filed January 14, 2022, #32 MOTION to Dismiss [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS MOTION TO DISMISS] Defendant Safeway Inc.'s Joinder to Defendants 'Imiloa Astronomy Center Hawaii's Motion to Dismiss [Doc 32] and Mitch Roth, Mayor's Motion to Dismiss [Doc 34] Sarah O. Wang appearing for Defendant Safeway, Inc. (Wang, Sarah) |
| Filing 55 EO: In light of the pending motions to dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 3/14/2022 to 5/3/2022 at 8:45 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp)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). 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) |
| Filing 54 Scheduling Conference Statement Defendant Safeway Inc.'s Scheduling Conference Statement; Certificate of Service. (Wang, Sarah) |
| Filing 53 STATEMENT (Scheduling Conference) filed by The Home Depot, Inc.. (Attachments: #1 Certificate of Service)(Hurley, Gregory) |
| Filing 52 Scheduling Conference Statement [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS SCHEDULING CONFERENCE STATEMENT]. (Attachments: #1 Certificate of Service)(Jim On, Shelton) |
| Filing 51 MOTION for Joinder re #32 MOTION to Dismiss [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS MOTION TO DISMISS] Elizabeth B. Bailey appearing for Defendant Mitch Roth (Bailey, Elizabeth) |
| Filing 50 Defendant Mitch Roth, Mayor, Hawaii's Scheduling Conference Statement . (Bailey, Elizabeth) Modified on 3/7/2022 (jo) |
| Filing 49 MOTION for Joinder re #34 MOTION to Dismiss Defendant Mitch Roth, Mayor, Hawaii's [sic] Motion to Dismiss [Dkt. 1] Complaint, Filed January 14, 2022 Gregory F. Hurley appearing for Defendant The Home Depot, Inc. (Attachments: #1 Certificate of Service)(Hurley, Gregory) |
| Filing 48 MOTION for Joinder re #32 MOTION to Dismiss [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS MOTION TO DISMISS] Gregory F. Hurley appearing for Defendant The Home Depot, Inc. (Attachments: #1 Certificate of Service)(Hurley, Gregory) |
| Filing 47 MOTION for Joinder re #34 MOTION to Dismiss Defendant Mitch Roth, Mayor, Hawaii's [sic] Motion to Dismiss [Dkt. 1] Complaint, Filed January 14, 2022 [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS SUBSTANTIVE JOINDER TO DEFENDANT MITCH ROTH, MAYOR, HAWAIIS [sic] MOTION TO DISMISS [DKT. 1] COMPLAINT, FILED JANUARY 14, 2022] Shelton G.W. Jim On appearing for Defendant Imiloa Astronomy Center Hawaii (Attachments: #1 Certificate of Service)(Jim On, Shelton) |
| Filing 46 NOTICE of Appearance by Carrie K. Okinaga on behalf of Imiloa Astronomy Center Hawaii on behalf of Imiloa Astronomy Center Hawaii. (Attachments: #1 Certificate of Service)(Okinaga, Carrie) |
| Filing 45 EO: On February 28, 2022, Plaintiff Mike Yellen filed:NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT TARGET CORPORATION WITH PREJUDICE (ECF No. #44 ).Plaintiff seeks to voluntarily dismiss Defendant Target Corporation with prejudice and with each side to bear its own costs and fees pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Hawaii Local Rule 41.1.Defendant Target Corporation entered an appearance in the case (ECF #30 , #33 ) but has not answered or filed a motion for summary judgment. Defendant Target Corporation is hereby DISMISSED WITH PREJUDICE. (SENIOR JUDGE HELEN GILLMOR)(rls)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). 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) |
| COURT'S CERTIFICATE OF SERVICE - a copy of ECF No. #44 Notice of Dismissal has been served by First Class Mail on March 1, 2022 to Mike Yellen at the address of record. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo) |
| Filing 44 NOTICE of Voluntary Dismissal of Defendant Target Corporation with Prejudice - by Mike Yellen (Attachments: #1 Mailing Envelope) (jo) |
| Filing 43 NOTICE of Appearance by Laureen L. Martin on behalf of Mitch Roth on behalf of Mitch Roth. (Martin, Laureen) |
| Filing 42 EO: On February 18, 2022, Defendant Mitchell D. Roth, Mayor, filed:DEFENDANT MITCH ROTH, MAYOR, HAWAI'I'S [sic] MOTION TO DISMISS [DKT. 1] COMPLAINT, FILED JANUARY 14, 2022 (ECF No. #34 ).Plaintiff shall file his Opposition on or before Thursday, March 10, 2022.Defendant shall file its Reply on or before Thursday, March 24, 2022.The Court elects to decide Defendant Mayor Roth's Motion to Dismiss [Dkt. 1] Complaint, filed January 14, 2022 (ECF No. #34 ) without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rls)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). 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) |
| Filing 41 EO: On February 18, 2022, Defendant Imiloa Astronomy Center Hawaii filed:DEFENDANT IMILOA ASTRONOMY CENTER HAWAI'I's MOTION TO DISMISS (ECF No. #32 ).Plaintiff shall file his Opposition on or before Thursday, March 10, 2022.Defendant shall file its Reply on or before Thursday, March 24, 2022.The Court elects to decide Defendant Imiloa Astronomy Center Hawaii's Motion to Dismiss (ECF No. #32 ) without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rls). 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). 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) |
Filing 40
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO GREGORY F. HURLEY re: #35 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/22/2022. GREGORY F. HURLEY, ESQ. (Firm: Sheppard, Mullin, Richter & Hampton LLP) added as attorney Pro Hac Vice as to Defendant The Home Depot, Inc. (jo)COURTS CERTIFICATE OF SERVICE - Mike Yellen will be served by First Class Mail on February 22, 2022 to the address of record listed on the Notice of Electronic Filing (NEF).
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| Filing 39 CERTIFICATE OF SERVICE by The Home Depot, Inc. re #35 MOTION for Pro Hac Vice Filing fee $ 300, receipt number AHIDC-2645461. (Young, Theodore) |
| Filing 38 CERTIFICATE OF SERVICE by The Home Depot, Inc. re #37 Corporate Disclosure Statement, #36 Answer to Complaint Defendant The Home Depot, Inc.'s Certificate of Service (Young, Theodore) |
| Filing 37 Corporate Disclosure Statement by The Home Depot, Inc.. (Young, Theodore) |
| Filing 36 Defendant The Home Depot, Inc.'s ANSWER to #1 Complaint with Jury Demand Answer to Complaint; Demand for Jury Trial by The Home Depot, Inc.. (Attachments: #1 Demand for Jury Trial)(Young, Theodore) |
| Filing 35 MOTION for Pro Hac Vice as to Gregory F. Hurley. Filing fee $ 300, receipt number AHIDC-2645461.Theodore D. C. Young appearing for Defendant The Home Depot, Inc. (Young, Theodore) Modified on 2/22/2022 (jo) |
| Filing 34 MOTION to Dismiss Defendant Mitch Roth, Mayor, Hawaii's [sic] Motion to Dismiss [Dkt. 1] Complaint, Filed January 14, 2022 Elizabeth B. Bailey appearing for Defendant Mitch Roth (Attachments: #1 Memorandum In Support, #2 Declaration E. Britt Bailey, #3 Certificate of Service)(Bailey, Elizabeth) |
| Filing 33 NOTICE of Appearance by Donna A.O. Yoshimoto on behalf of Target Corporation on behalf of Target Corporation. (Yoshimoto, Donna) |
| Filing 32 MOTION to Dismiss [DEFENDANT IMILOA ASTRONOMY CENTER HAWAIIS MOTION TO DISMISS] Shelton G.W. Jim On appearing for Defendant Imiloa Astronomy Center Hawaii (Attachments: #1 Memorandum MEMO IN SUPPORT OF MOTION, #2 Declaration DECLARATION OF KA'IU KIMURA, #3 Declaration DECLARATION OF SHELTON G.W. JIM ON, #4 Certificate of Service)(Jim On, Shelton) |
| ADVISORY ENTRY-Incorrect Attorney Filer- Please be advised that Document #30 Notice of Appearance was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall re-submit a corrected filing. (jo) |
| Filing 31 Corporate Disclosure Statement by Target Corporation. (Fieman, Jason) (Signed by Donna A.O. Yoshimoto) Modified on 2/22/2022 (jo) |
| Filing 30 NOTICE of Appearance by Jason H. Fieman on behalf of Target Corporation on behalf of Target Corporation. (Fieman, Jason)(Signed by Donna A.O. Yoshimoto) Modified on 2/22/2022 (jo) |
| Filing 29 Amended Corporate Disclosure Statement by Safeway, Inc. identifying Corporate Parent Albertsons Safeway LLC for Safeway, Inc. (Wang, Sarah) Modified on 2/17/2022 (jo) |
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Filing 28
STIPULATION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (FILED JAN. 14, 2022) AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/15/2022. Safeway, Inc. answer due 3/20/2022(jo)
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Filing 27
FIRST STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY 30 DAYS AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/15/2022. Target Corporation answer due 3/21/2022(jo)
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| Filing 26 Corporate Disclosure Statement by Safeway, Inc.. (Wang, Sarah) |
| Filing 25 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY 30 DAYS AND ORDER by Target Corporation. (Yoshimoto, Donna) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #25 Stipulation requires the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo) |
| Filing 24 NOTICE of Appearance by Lerisa L. Heroldt on behalf of Mitch Roth on behalf of Mitch Roth. (Attachments: #1 Certificate of Service)(Heroldt, Lerisa) |
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Filing 23
STIPULATION FOR A THIRTY (30) DAY EXTENSION OF TIME TO ANSWER AND/OR RESPOND TO PLAINTIFF'S COMPLAINT, FILED JANUARY 14, 2022 AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/8/2022. Imiloa Astronomy Center Hawaii answer due 3/20/2022(jo)COURT'S CERTIFICATE OF SERVICE - Mike Yellen will be served by First Class Mail on February 9, 2022 to the address of record listed on the Notice of Electronic Filing (NEF).
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| Filing 22 NOTICE of Appearance by Shelton G.W. Jim On on behalf of Imiloa Astronomy Center Hawaii on behalf of Imiloa Astronomy Center Hawaii. (Attachments: #1 Certificate of Service)(Jim On, Shelton) |
| Filing 21 SUMMONS Returned Executed by Mike Yellen. Walmart, Inc. served on 1/28/2022. (jo) |
| Filing 20 SUMMONS Returned Executed by Mike Yellen. Target Corporation served on 1/28/2022. (jo) |
| Filing 19 SUMMONS Returned Executed by Mike Yellen. State of Hawaii served on 1/28/2022. (jo) |
| Filing 18 SUMMONS Returned Executed by Mike Yellen. Safeway, Inc. served on 1/28/2022. (jo) |
| Filing 17 SUMMONS Returned Executed by Mike Yellen. Mitch Roth served on 1/28/2022. (jo) |
| Filing 16 SUMMONS Returned Executed by Mike Yellen. Imiloa Astronomy Center Hawaii served on 1/28/2022. (jo) |
| Filing 15 SUMMONS Returned Executed by Mike Yellen. David Ige served on 1/28/2022. (jo) |
| Filing 14 SUMMONS Returned Executed by Mike Yellen. The Home Depot, Inc. served on 1/28/2022. (jo) |
| Filing 13 Summons Issued as to The Home Depot, Inc. (jo) |
| Filing 12 Summons Issued as to Target Corporation (jo) |
| Filing 11 Summons Issued as to Safeway, Inc. (jo) |
| Filing 10 Summons Issued as to Walmart, Inc. (jo) |
| Filing 9 Summons Issued as to Imiloa Astronomy Center Hawaii (jo) |
| Filing 8 Summons Issued as to State of Hawaii (jo) |
| Filing 7 Summons Issued as to Mitch Roth (jo) |
| Filing 6 Summons Issued as to David Ige (jo) |
| Filing 5 Summons Issued as to Joe Biden (jo) |
| Filing 4 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) (jo) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 3/14/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/14/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)COURT'S CERTIFICATE OF SERVICE - Mike Yellen will be served by First Class Mail on January 18, 2022 to the address of record listed on the (NEF).
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| Filing 2 Filing fee received: $402.00; receipt number HI031988 re #1 Complaint (jo) |
| Filing 1 Plaintiff's CIVIL RIGHTS COMPLAINT With Jury Demand and Declaratory Relief against All Defendants - filed by Mike Yellen (Attachments: #1 Mailing Envelope) (jo) |
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