Odquina v. Honolulu County, et al
| Edward Odquina |
| Honolulu County and Holly T. Shikada |
| City and County of Honolulu |
| 1:2022cv00407 |
| September 9, 2022 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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Filing 45
STIPULATION TO STAY PROCEEDINGS; ORDER; DECLARATION OF EDWARD ODQUINA - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/9/2023. (Attachments: #1 Declaration of Edward Odquina)(eta)
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Filing 44
EO: Based on counsel's representation that the parties are continuing to work toward agreeing to a stipulation to resolve certain claims and stay this action pending appeal, the Court DIRECTS the parties to email another update to the Court at porter_orders@hid.uscourts.gov or to submit their proposed stipulation to watson_orders@hid.uscourts.gov no later than 1/11/2023. (MAGISTRATE JUDGE WES REBER PORTER) (lc1)
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Filing 42
EO: Based on counsel's representation that the parties have agreed to submit a stipulation to resolve certain claims and stay this action pending appeal, the Court VACATES the Telephonic Rule 16 Conference set for 12/20/2022 before Magistrate Judge Wes Reber Porter. No later than 12/28/2022, the parties shall submit their proposed stipulation to watson_orders@hid.uscourts.gov. (MAGISTRATE JUDGE WES REBER PORTER) (lc1)
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Filing 40
AMENDED EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 12/13/2022 to 12/20/2022 at 8:45 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470.The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (lc1) Modified on 12/13/2022 (Huffman, Alicia).
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Filing 39
EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 12/13/2022 to 12/19/2022 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470.The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (lc1)
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Filing 38
Attorney Appeal Packet re #35 Preliminary Injunction Appeal, filed by Edward Odquina, USCA NO. 22-16844. (Attachments: #1 Preliminary Injunction Appeal, #2 Instructions for Civil Appeals, #3 Docket Sheet)(eta)
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Filing 37
USCA Case Number 22-16844 for #35 Preliminary Injunction Notice of Appeal, filed by Edward Odquina. (eta)
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Filing 36
ENTRY OF DEFAULT by Clerk as to Counterclaim-Defendant Edward Odquina re #34 . (eta)
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Filing 35
NOTICE OF APPEAL (Preliminary Injunction Appeal) as to #31 Order on Motion for Preliminary Injunction,,,,, Order on Motion for TRO,,,, by Edward Odquina. Filing fee $ 505, receipt number AHIDC-2770211. USCA NO. 22-16844 (Attachments: #1 Declaration Representation Stmt, #2 Certificate of Service CoS)(O'Grady, Kevin) Modified on 12/1/2022 (eta).
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Filing 34
Request to the Clerk of Court to Enter of Default Pursuant to F.R.C.P. 55(a) (relating to ECF No. #18 - #1 City's Counterclaim) by City and County of Honolulu. (Attachments: #1 Declaration of Daniel Gluck, #2 (Proposed) Order - Entry of Default, #3 Certificate of Service)(Gluck, Daniel) . Modified on 12/1/2022 (eta).
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Filing 33
EO: The Court grants Plaintiff's second request to continue the Rule 16 Scheduling Conference in this action, ECF No. #32 . No further continuances will be granted. The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/21/2022 to 12/13/2022 at 8:45 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 32
Letter (via email) to Magistrate Judge Wes Reber Porter from Kevin O'Grady, Esq., dated November 15, 2022, Re: Request to continue November 21, 2022 Rule 16 Scheduling Conference (jo)
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Filing 31
ORDER DENYING PLAINTIFF'S MOTIONS FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER re #3 , #2 - Signed by JUDGE DERRICK K. WATSON on 11/4/2022.Because Odquina has not demonstrated a likelihood of success on the merits of any of his claims, the Court does not reach the second, third, and fourth elements of a preliminary injunction. See Winter, 555 U.S. at 20 (holding that all four elements are required to obtain a preliminary injunction); Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015) ("The first factor under Winter is the most important.... Because it is a threshold inquiry, when 'a plaintiff has failed to show the likelihood of success on the merits, we need not consider the remaining three Winter elements.'") (quoting Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris, 729 F.3d 937, 944 (9th Cir. 2013)). For the reasons set forth herein, Odquina's Motion for a Preliminary Injunction, Dkt. No. 3, is DENIED.(jni)
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Filing 30
EO: The Court GRANTS Plaintiff's request and CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/7/2022 to 11/21/2022 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo)
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Filing 29
Letter (via email) to Magistrate Judge Wes Reber Porter from Kevin O'Grady, Esq., dated November 1, 2022, Re: Request to continue November 7, 2022 Rule 16 Scheduling Conference (jo)
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Filing 28
Scheduling Conference Statement by Edward Odquina. (Attachments: #1 Certificate of Service CoS)(O'Grady, Kevin)
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Filing 27
Scheduling Conference Statement by Holly T. Shikada. (Attachments: #1 Certificate of Service)(Ickes, Isaac)
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Filing 26
Scheduling Conference Statement by City and County of Honolulu. (Attachments: #1 Certificate of Service)(Luney, Justin)
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Filing 25
NOTICE of Appearance by Justin Michael Luney on behalf of City and County of Honolulu, Honolulu County on behalf of City and County of Honolulu, Honolulu County. (Attachments: #1 Certificate of Service)(Luney, Justin)
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Filing 24
REPORT of Planning Meeting R26F conf report. (O'Grady, Kevin)
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Filing 23
EO: Having reviewed Plaintiff's Motions for Preliminary Injunction and Temporary Restraining Order, Dkt. Nos. [2-3], and the parties' briefing related thereto, Dkt. Nos. [16-17], [21-22], the Court elects to decide the Motions without a hearing pursuant to Local Rule 7.1(c). As a result, the hearing on October 18, 2022, see Dkt. No. 13 , is VACATED and the Motions are taken under advisement. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)
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Filing 22
REPLY to State's Memorandum in Opposition (ECF No. #17 ) Plaintiff's MOTION for Temporary Restraining Order (ECF No. #2 ) and Plaintiff's MOTION for Preliminary Injunction (ECF No. #3 ) filed by Edward Odquina. (Attachments: #1 Certificate of Service )(O'Grady, Kevin) Modified on 10/12/2022 (eta).
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Filing 21
REPLY to County's Memorandum in Opposition (ECF No. #16 ) to Plaintiff's MOTION for Temporary Restraining Order (ECF No. #2 ) and Plaintiff's MOTION for Preliminary Injunction (ECF No. #3 ) filed by Edward Odquina. (Attachments: #1 Certificate of Service )(O'Grady, Kevin) Modified on 10/12/2022 (eta).
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Filing 20
NOTICE of Appearance by Kendall J. Moser on behalf of Holly T. Shikada on behalf of Holly T. Shikada. (Attachments: #1 Certificate of Service)(Moser, Kendall)
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Filing 19
ANSWER to #1 Complaint, by Holly T. Shikada. (Attachments: #1 Certificate of Service)(Ickes, Isaac)
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Filing 18
DEFENDANT CITY AND COUNTY OF HONOLULUS ANSWER TO PLAINTIFFS COMPLAINT FILED ON SEPTEMBER 9, 2022 (ECF No. 1) ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Edward Odquina by Honolulu County. (Attachments: #1 City's Counterclaim Against Plaintiff Edward Odquina, #2 Demand for Jury Trial, #3 Certificate of Service)(Gluck, Daniel) Modified on 10/4/2022 (eta).
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Filing 17
MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order (Certificate of Word Count attached) Filed September 9, 2022, filed by Holly T. Shikada. (Attachments: #1 Declaration OF ISAAC H. ICKES, #2 Exhibit "1", #3 Exhibit "2", #4 Certificate of Service)(Ickes, Isaac) Modified on 10/2/2022 (eta).
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Filing 16
MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction , #2 MOTION for Temporary Restraining Order filed by Honolulu County. (Attachments: #1 Declaration of Thomas Farr, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Arthur J. Logan, #6 Declaration of Kelsey Niau, #7 Declaration of Daniel M. Gluck, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N, #22 Certificate of Service)(Gluck, Daniel)
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Filing 15
SUMMONS Returned Executed by Edward Odquina. Holly T. Shikada served on 9/12/2022. (O'Grady, Kevin)
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Filing 14
SUMMONS Returned Executed by Edward Odquina. Honolulu County served on 9/12/2022. (O'Grady, Kevin)
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Filing 13
EO: Plaintiff is directed to provide proof of service of the Summons and Complaint by September 16, 2022. The Court sets the following briefing and hearing schedule for the Motion for Temporary Restraining Order and the Motion for Preliminary Injunction, Dkt. Nos. [2-3] (the Motions): Defendants' opposition briefs shall be filed by September 30, 2022. Any reply briefs shall be filed by October 11, 2022. The Court sets the Motions for hearing on October 18, 2022, at 9:00 a.m. in Aha Kupono before Judge Derrick K. Watson. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)
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Filing 12
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 11
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 11/7/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/9/2022. (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 10
Summons Issued as to Holly T. Shikada, in her Official Capacity as the Attorney General of the State of Hawaii. (eta)
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Filing 9
Summons Issued as to Honolulu County, Department of the Corporation Counsel. (eta)
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Filing 8
CERTIFICATE OF SERVICE by Edward Odquina re #6 Summons (Proposed), #1 Complaint, #4 Summons (Proposed), #7 Summons (Proposed), #3 MOTION for Preliminary Injunction , #2 First MOTION for Temporary Restraining Order (O'Grady, Kevin)
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Filing 7
Summons (Proposed) (O'Grady, Kevin) Modified on 9/9/2022 Duplicate entry of ECF No. #6 Summons (Proposed) (eta).
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Filing 6
Summons (Proposed) (O'Grady, Kevin)
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Filing 5
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00407 DKW-WRP on all further pleadings. (eta)
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Filing 4
Summons (Proposed) (O'Grady, Kevin)
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Filing 3
MOTION for Preliminary Injunction Kevin Gerard O'Grady appearing for Plaintiff Edward Odquina (Attachments: #1 Memorandum in support of mtn for PI)(O'Grady, Kevin)
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Filing 2
MOTION for Temporary Restraining Order Kevin Gerard O'Grady appearing for Plaintiff Edward Odquina (Attachments: #1 Memorandum in support of mtn for TRO, #2 Declaration of counsel re notice to defendants of TRO)(O'Grady, Kevin) Modified on 9/12/2022 (eta).
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Filing 1
COMPLAINT for Violation of Federal Civil Rights Under 42 U.S.C. 1983, Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number AHIDC-2733142.), filed by Edward Michael Odquina. (Attachments: #1 Exhibit Exh 1, #2 Exhibit Exh 2, #3 Exhibit Exh 3, #4 Civil Cover Sheet Civil cover)(O'Grady, Kevin) Modified on 9/9/2022 (eta).
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