Duke's Investments LLC v. Char et al
| Duke's Investments LLC |
| Elizabeth A. Char and Hawaii State Department of Health |
| 1:2022cv00385 |
| August 22, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 18
EO: COURT ORDER SETTING BRIEFING SCHEDULE. On 10/18/2022, Defendants Elizabeth A. Char and Hawaii State Department of Health ("Defendant's"), filed Dkt. #17 ; a Motion to DismissCourt sets the following Motion hearing and briefing schedule:Opposition memorandum due: 12/16/2022.Reply memorandum due: 12/23/2022. Motion Hearing is set for 1/6/2023 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled VTC. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 17
MOTION to Dismiss Plaintiff's Verified Complaint for Declaratory and Injunctive Relief with Request for a Temporary Restraining Order Isaac Hans Kenneth Ickes appearing for Defendants Hawaii State Department of Health, Elizabeth A. Char (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Certificate of Compliance, #3 Certificate of Service)(Ickes, Isaac) Modified on 10/19/2022 (eta).
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Filing 16
EO: COURT EXTENDING BRIEFING SCHEDULEDefense counsel, Skyler G. Cruz submitted a letter to the Court, representing Plaintiff has no objection, requesting an extension on the briefing scheduled issued on 9/19/2022 (Dkt. No. #11 ) as to the Plaintiff's letter (Dkt. No. #10 ) requesting a hearing on its TRO application. The Court GRANTS the defense request and sets the following amended scheduling order:Opposition memorandum due: 10/21/2022.Reply memorandum due: 11/4/2022.The matter will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 14
EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 9/22/2022, Plaintiff, Duke's Investments LLC; filed Dkt. #13 ; a Motion for Preliminary Injunction.Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 12/1/2022.Reply memorandum due: 12/8/2022. Motion Hearing is set for 12/22/2022 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 13
MOTION for Preliminary Injunction James Dennis DiPasquale appearing for Plaintiff Duke's Investments LLC (Attachments: #1 Memorandum Memorandum in Support, #2 Exhibit Exhibit A - USDA Counsel Memorandum)(DiPasquale, James) Modified on 9/23/2022 (eta).
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Filing 12
EO: The Telephonic Rule 16 Scheduling Conference set for 10/17/2022 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 12/1/2022 at 08:45AM. Scheduling conference statements must be filed by 11/25/2022.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
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Filing 11
EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 9/2/2022 Plaintiff filed a letter Dkt. #10 ; requesting a hearing on its TRO application.Court sets the following briefing schedule:Opposition memorandum due: 10/3/2022.Reply memorandum due: 10/13/2022.After the briefing is completed, the Court will decide if a hearing is necessary. (JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 10
Letter addressed to Judge Leslie E. Kobayashi Re: REQUEST scheduling of hearing on Plaintiff's TRO application by Duke's Investments LLC. (DiPasquale, James) Modified on 9/6/2022 (eta). Modified on 10/7/2022 (afe).
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Filing 9
CERTIFICATE OF SERVICE Proof of Service - Department of Health and Elizabeth Char served on 8/25/2022 by Duke's Investments LLC upon all Defendants (DiPasquale, James) Modified on 9/1/2022 (eta).
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Filing 8
Brief Letter in response to Entering Order, ECF No. #7 addressed to Judge Leslie E. Kobayashi from James D. DiPasquale, Esq., re . (DiPasquale, James) Modified on 8/24/2022 (eta).
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Filing 7
EO: COURT ORDER DIRECTING PLAINTIFF TO FILE A STATUS BRIEF REGARDING SERVICE OF PROCESS. On August 22, 2022, Plaintiff Duke's Investments, LLC ("Plaintiff") filed its Verified Complaint for Declaratory and Injunctive Relief with Request for a Temporary Restraining Order ("Complaint"). [Dkt. no. #1 .] As of the date of this entering order, service of process has not been completed on Defendants Elizabeth A. Char, M.D., in her official capacity as the Director of Health of the Hawaii State Department of Health, and the Hawaii State Department of Health ("Defendants"). Thus, Plaintiff's Complaint appears to seek a temporary restraining order ("TRO") without prior notice to Defendants. See Fed. R. Civ. P. 65(b)(1)."As our circuit has made clear, ex parte TRO applications are disfavored and justified in 'very few circumstances.'" Zithromia Ltd v. Gazeus Negocios De Internet SA, Case No. 17-CV-06475-JD, 2017 WL 5612701, at *2 (N.D. Cal. Nov. 14, 2017) (quoting Reno Air Racing Assn, Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006)). Accordingly, Plaintiff is DIRECTED to file a status brief explaining when service of process will be completed or the reasons why an ex parte application is warranted. The status brief shall not exceed two pages and must be filed by August 29, 2022.(JUDGE LESLIE E. KOBAYASHI)(afe)
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Filing 6
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)(eta)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/17/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/22/2022. (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. (eta)
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Filing 4
Summons Issued as to All Defendants. (eta)
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Filing 3
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00385 LEK-RT on all further pleadings. (eta)
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Filing 2
Summons (Proposed) (DiPasquale, James)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief with Request for a Temporary Restraining Order against All Plaintiffs Elizabeth A. Char, M.D., Hawaii State Department of Health ( Filing fee $ 402 receipt number AHIDC-2724403.), filed by Duke's Investments LLC. (Attachments: #1 Exhibit Exhibit 1)(DiPasquale, James) Modified on 8/22/2022 (eta).
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