Cordery v. Hawaii Supreme Court et al
| Gary A. Cordery |
| Hawaii Supreme Court, Mark E. Recktenwald, et al, Attorney General for the State of Hawaii and Holly T. Shikada, et al |
| 1:2022cv00439 |
| October 6, 2022 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| KENNETH J MANSFIELD |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| None |
Docket Report
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This docket was last retrieved on November 25, 2022. A more recent docket listing may be available from PACER.
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Filing 16
CLERK'S JUDGMENT entered on 11/25/2022 pursuant to ECF No. #15 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (ECF NO. 10 ). (eta)
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Filing 15
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (ECF NO. #10 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 11/25/2022. Defendants' Motion to Dismiss (ECF No. #10 ) is GRANTED. The Complaint (ECF No. #1 ) is DISMISSED WITH PREJUDICE. The Clerk of Court is ORDERED to enter Judgment in favor of Defendants and CLOSE THE CASE. (eta)
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COURT'S CERTIFICATE of Service - a copy of #15 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (ECF NO. 10 ) and #16 Clerk's Judgment has been served by First Class Mail to Gary A. Cordery at the address of record on November 25, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta)
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Filing 14
EO: In light of the #10 MOTION to Dismiss Plaintiff's Complaint Filed October 6, 2022 with Prejudice, or in the Alternative, Defendant's Motion for Summary Judgment, the Telephonic Rule 16 Scheduling Conference previously set for 12/05/2022 IS CONTINUED TO 01/13/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 01/06/2023.Parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 Observers may call in on a separate line at 1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). A courtesy email of the Notice of Electronic Filing (NEF) was also emailed to Pro Se Petitioner Gary A. Cordery at the email address of info@garycorderyforgovernor.com on 11/23/2022.
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Filing 13
MEMORANDUM IN RESPONSE TO MOTION TO DISMISS / SUMMARY JUDGEMENT [sic] PURSUANT TO FRCP RULE 12(b); EXHIBIT A NOTICE OF JUDICIAL MISCONDUCT; EXHBIT [sic] B CIVIL DOCKET CASE REPORT re #10 - filed by Gary A. Cordery. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(jni)
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Filing 12
EO: On October 6, 2022, Plaintiff filed a #1 Petition for Declaratory Judgment Without Relief Persuant [sic] to FRCP Rule 57 ("Petition"). Plaintiff did not attach a Civil Cover Sheet to his Petition. Based on the allegations in the Complaint, the Clerk's Office assigned the following designations, which are indicated on the CM/ECF page for this case: (1) Nature of Suit: 441 Civil Rights: Voting; and (2) Cause: 42:1983 Civil Rights. These designations are for administrative purposes only.On November 2, 2022, Plaintiff filed a #9 Motion for Correction of the Record Persuant [sic] to FRCP Rule 60 ("Motion for Correction"). Plaintiff asks the Court to revise the designated Nature of Suit to "375 False Claims Act" and Cause to "28 USC 2201." Plaintiff attaches to the Motion for Correction a [9-1] Civil Cover Sheet, in which Plaintiff reiterates his requested Nature of Suit and Cause.The Court notes that these designations are used solely for administrative purposes and do not affect the substance of the Petition in any way. The Court GRANTS Plaintiff's request to revise the designated Nature of Suit to "375 False Claims Act." Due to the constraints of the CM/ECF program, however, Plaintiff's requested Cause, "28 USC 2201," is not compatible with Plaintiff's new Nature of Suit. The Court thus DENIES Plaintiff's request to revise the Cause to "28 USC 2201." The Court DIRECTS the Clerk's Office to revise the Nature of Suit to "375 False Claims Act." The Court also DIRECTS the Clerk's Office to revise the Cause to "31:3729 False Claims Act," which is compatible with Plaintiff's new Nature of Suit. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/08/2022. (kjm2)
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Filing 11
CONCISE STATEMENT of Facts re #10 MOTION to Dismiss Plaintiff's Complaint Filed October 6, 2022 with Prejudice, or in the Alternative, Defendant's Motion for Summary Judgment filed by Attorney General for the State of Hawaii, Hawaii Supreme Court, Holly T. Shikada, et al, Mark E. Recktenwald, et al. (Attachments: #1 Certificate of Service)(Nakamura, Reese)
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Filing 10
MOTION to Dismiss Plaintiff's Complaint Filed October 6, 2022 with Prejudice, or in the Alternative, Defendant's Motion for Summary Judgment Reese R. Nakamura appearing for Respondents Attorney General for the State of Hawaii, Mark E. Recktenwald, et al, Hawaii Supreme Court, Holly T. Shikada, et al (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Reese R. Nakamura, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Compliance with Word Limitations, #6 Certificate of Service)(Nakamura, Reese)
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Filing 9
MOTION for Correction of the Record Persuant to FRCP Rule 60 - by Petitioner Gary A. Cordery (Attachments: #1 Exhibit A)(jni)
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Filing 8
CERTIFICATE OF SERVICE PETITION FOR CONFERENCE OF THE PARTIES PERSUANT TO FRCP RULE 26(f) (Hawaii Supreme Court) - by Gary A. Cordery. (jni)
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Filing 7
CERTIFICATE OF SERVICE PETITION FOR CONFERENCE OF THE PARTIES PERSUANT TO FRCP RULE 26(f) (Attorney General for the State of Hawaii) - by Gary A. Cordery. (jni)
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Filing 6
Filing fee: $ 402, receipt number HI033571 re #1 Complaint (eta)
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Filing 5
CERTIFICATE OF SERVICE FOR PETITION FOR DECLARATORY JUDGEMENT WITHOUT RELIEF PERSUANT TO FRCP RULE 57 (Hawaii Supreme Court) re #1 - by Gary A. Cordery. (jni)
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Filing 4
CERTIFICATE OF SERVICE FOR PETITION FOR DECLARATORY JUDGEMENT WITHOUT RELIEF PERSUANT TO FRCP RULE 57 (Attorney General for the State of Hawaii) re #1 - by Gary A. Cordery. (jni) Modified on 10/17/2022 (jni)
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 12/5/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/6/2022. (Attachments: #1 Memo Re: Corporate Disclosures)(jni)
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Filing 2
DEFICIENCY ORDER re #1 Petition, filed by Gary A. Cordery - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/6/2022. (jni)
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Filing 1
PETITION FOR DECLARATORY JUDGMENT WITHOUT RELIEF PERSUANT TO FRCP RULE 57 against Hawaii Supreme Court, Mark E. Recktenwald, et al, Attorney General for the State of Hawaii, Holly T. Shikada, et al - filed by Petitioner Gary A. Cordery. (Attachments: #1 Proposed Declaratory Judgment, #2 Exhibit List, #3 Exhibit A, #4 Exhibit B)(jni)
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