Dicks et al v. State of Hawaii Office of Elections et al
| Karl O. Dicks, James Ryan Malish and Calvin C. Griffin |
| State of Hawaii Office of Elections and State of Hawaii Election Commission |
| 1:2022cv00347 |
| August 1, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
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Filing 26
CLERK'S JUDGMENT entered on 8/30/2022 pursuant to ECF No. #25 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT AND REQUEST FOR INJUNCTION FILED AUGUST 1, 2022 WITH PREJUDICE, OR IN THE ALTERNATIVE, DEFENDANTS' MOTION FOR SUMMARYJUDGMENT.(jni)
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Filing 25
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT AND REQUEST FOR INJUNCTION FILED AUGUST 1, 2022 WITH PREJUDICE, OR IN THE ALTERNATIVE, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re #18 - Signed by JUDGE JILL A. OTAKE on 8/30/2022.(jni)
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Filing 24
MEMORANDUM in Support; Exhibit List A-F; re #8 - filed by Karl O. Dicks, Calvin C. Griffin, James Ryan Malish. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6)(jni)
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COURT'S CERTIFICATE of Service - a copy of #25 Order on Motion to Dismiss, and #26 Judgment, shall be served by First Class Mail to the addresses of record on 8/31/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
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Filing 23
MEMORANDUM in Support Emergency re #8 - filed by Karl O. Dicks, Calvin C. Griffin, James Ryan Malish. (jni)
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Filing 22
EP: Hearing on #18 Defendants' Motion to Dismiss Complaint with Prejudice [sic] and Request for Injunction filed August 1, 2022, or in the Alternative, Defendant's Motion for Summary Judgment was conducted by telephone conference. Oral arguments heard. #18 Defendants' Motion to Dismiss Complaint with Prejudice [sic] and Request for Injunction filed August 1, 2022, or in the Alternative, Defendant's Motion for Summary Judgment - TAKEN UNDER ADVISEMENT.Court to issue a written order. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(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). 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 21
MEMORANDUM in Support re #18 MOTION to Dismiss with Prejudice and Request for Injunction filed August 1, 2022, or in the Alternative, Defendants' Motion for Summary Judgment filed by State of Hawaii Election Commission, State of Hawaii Office of Elections. (Attachments: #1 Declaration of Reese R. Nakamura, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Nakamura, Reese)
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Filing 20
MEMORANDUM in Support re: #1 , #8 - filed by Karl O. Dicks, Calvin C. Griffin, James Ryan Malish (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jo)
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Filing 19
EO: The parties are directed to explain: (1) whether the Eleventh Amendment bars any of Plaintiffs' claims and (2) assuming the federal statutes cited by Plaintiffs conferred original jurisdiction, and any claims predicated on those statutes are dismissed, whether the Court should decline to exercise supplemental jurisdiction. Plaintiffs shall address these issues in their response to Defendants' Motion to Dismiss. Defendants may file a supplemental memorandum, not to exceed five (5) pages, by 8/26/22. (JUDGE JILL A. OTAKE)(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). A copy will also be served on Pro Se Plaintiffs Karl O. Dicks, James Ryan Malish, and Calvin C. Griffin at their email address of record (kwk@hawaiiantel.net) on 8/24/2022.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
MOTION to Dismiss with Prejudice and Request for Injunction filed August 1, 2022, or in the Alternative, Defendants' Motion for Summary Judgment Reese R. Nakamura appearing for Defendants State of Hawaii Office of Elections, State of Hawaii Election Commission (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Reese R. Nakamura, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Certificate of Compliance with Word Limitations, #12 Certificate of Service)(Nakamura, Reese)
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Filing 17
EO: Defense counsel, with Plaintiffs' agreement, requests a continuance of the 8/29/22 hearing on Defendant's anticipated motion to dismiss due to a state court scheduling conflict. ECF No. 16. The Court GRANTS the request and CONTINUES the hearing to 1:30 PM the same day. 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) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (JUDGE JILL A. OTAKE)(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). 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 16
Email message addressed to Judge Otake from Reese R. Nakamura, Esq., dated August 18, 2022, re: request to reschedule the motion hearing scheduled for August 29, 2022. (jni)
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Filing 15
EO: Based on the discussion at the status conference and the parties' case status reports, ECF Nos. 13-14, the Court elects to address Defendants' anticipated motion to dismiss before Plaintiffs' Motion for Emergency Injunction. Defendants shall file their motion to dismiss by 8/23/22. Plaintiffs' response is due no later than 8/26/22. No reply needed. The motion to dismiss will be heard on 8/29/22 at 10:30 a.m. [insert standard language] (JUDGE JILL A. OTAKE)(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). 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 8/22/2022 (shm).
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Filing 14
LIST OF PENDING CASES re #12 by Karl O. Dicks, Calvin C. Griffin, James Ryan Malish(jni)
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Filing 13
STATUS REPORT by State of Hawaii Election Commission, State of Hawaii Office of Elections. (Attachments: #1 Certificate of Service)(Nakamura, Reese)
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Filing 12
EP: Status Conference was conducted by telephone conference. Discussion held election contest deadline/certification, relevant state court case. Parties to file a Case Status Report re: relevant pending and completed state court cases by 2:00 PM on 8/18/2022. The report shall contain the case number, the current status of the case, the names of both plaintiff(s) and defendant(s), a brief summary of the Complaint, and a date and description of the next court event.Court to enter an Entering Order to provide the parties with further instructions.(Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(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). 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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COURT'S CERTIFICATE of Service - a copy of 15 Minutes filed on 8/18/2022 was served on Pro Se Plaintiffs Karl O. Dicks, James Ryan Malish, and Calvin C. Griffin at their email address of record (kwk@hawaiiantel.net) on 8/18/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (shm)
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Filing 11
EO: A Status Conference is SET for 8/18/2022 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. 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. 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)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). 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 10
[Supplement] Motion for Emergency Injunction Rule 65 FRCP re #8 - by Karl O. Dicks, James Ryan Malish, Calvin C. Griffin. This document has been signed by all pro se plaintiffs and will serve as a supplement to ECF No. #8 . (jni)
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Filing 9
EO: On 8/11/22, pro se Plaintiffs filed a #8 Motion for Emergency Injunction. Although the Motion indicates that all three Plaintiffs are seeking relief, it is only signed by Plaintiff Karl Dicks. Federal Rule of Civil Procedure ("FRCP") 11(a) requires "[e]very pleading, written motion, and other paper [to] be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). "Although a non-attorney may appear in propria persona in his own behalf, that privilege is personal to him" and "[h]e has no authority to appear as an attorney for others than himself." C.E. Pope Equity Tr. v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (citations omitted). Thus, each Plaintiff must sign every pleading, motion, and other paper to satisfy FRCP 11. When such an omission is brought to a party's attention, it must be promptly corrected or FRCP 11(a) mandates that the court strike the unsigned paper. See Fed. R. Civ. P. 11(a). The Court takes no action on the Motion until Plaintiffs comply with FRCP 11(a). Plaintiffs are reminded of their obligation to "abide by all local, federal, and other applicable rules and/or statutes." Local Rule 81.1(a). (JUDGE JILL A. OTAKE)(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). 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 8
MOTION for Emergency Injunction Rule 65 FRCP - by Plaintiffs Karl O. Dicks, Calvin C. Griffin, James Ryan Malish (jni)
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Filing 7
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(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). 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 6
SUMMONS Returned Executed by Karl O. Dicks, Calvin C. Griffin, James Ryan Malish. State of Hawaii Election Commission served on 8/2/2022; State of Hawaii Office of Elections served on 8/2/2022. (jni)
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Filing 5
Summons Issued as to All Defendants. (jni)
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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 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni)
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 9/26/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/1/2022. (Attachments: #1 Memo Re: Corporate Disclosures)(jni)
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Filing 2
Filing fee: $ 402, Receipt number HI033144 re #1 Complaint. (jni)
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Filing 1
COMPLAINT AND REQUEST FOR INJUNCTION against State of Hawaii Office of Elections, State of Hawaii Election Commission - filed by Karl O. Dicks, James Ryan Malish, Calvin C. Griffin. (Attachments: #1 Attachment - Full Text Complaint and Injunction, #2 List of Exhibits, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(jni)
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