Thunderfoot et al v. United States et al
Thunderfoot, Rainy Day Living Trust, Estate of Brendan Sean Gypkhaim Charlie, Native American Center, Jungle King Community Assoc. and Dragonfly Moon Novelties |
Clare E. Connors, Josh Green, David Y. Ige, Douglas S. Chin, Joy San Buenaventura, Jade Butay, Dawn Chang in an individual capacity and as Chair of the State of Hawaii Board of Land and Natural Resources and former State of Hawaii Deputy Attorney General and as owner and dba Third-Party Defendant Kuiwalu Aka Ku Iwalu also known as Dawn Naomi S, Kuiwalu, Riley Smith, K. Ishii, Finance Realty, Ltd. a domestic profit corporation in the State of Hawaii, and including its trademark company also known as Finance Realty Company, Limited also known as Finance Realty Company, Ltd. also known as Finance Realty doing business as Pal, Chamber of Commerce Hawaii, Matson Navigation Company, Finance Factors, Hawaiian Trust Company, Limited, Bishop Trust Company Limited, Caroline A. Frazier, William K. Watkins, Leslie M. Miles, John D. Tarson in an individual capacity and as former President of the Fern Forest Community Association, and owner of Epic Lava Tours also known as John Tarson doing business as Epic Lava Tours, Robert Arieta, Michael Norman Muench, Linda A. Wagner, George Delorm, Penelope Blair, Donna Herbst, Pacific Isle Properties, Mac Castillo, Kim Tavares, Bob Jacobson, Rhonda Lickfelt, Stuart Oda, United States, Department of Justice, Federal Bureau of Investigations, United States Attorney's Office, Clare Connors, State of Hawaii, Hawaii State Legislature, The, Joshua Booth Green, Josh Green for Hawaii, David Ige, State of Hawaii Office of the Attorney General, Russell Suzuki, Douglas Chin, Holly T. Shikada, State of Hawaii Commission to Improve Standards of Conduct, Florence T. Nakakuni, Joy A. San Buenaventura, Joy San Buenaventura Attorney at Law, Weldin' Sheldon & Company, Entertainment Partners, LLC, Entertainment Partners Enterprises, LLC, Entertainment Partners Services, LLC, Cogency Global, Inc., State of Hawaii, Hawaii State Ethics Commission, Melinda Wood, Wesley F. Fong, State of Hawaii Chamber of Commerce and Consumer Affairs, Awakuni Colon, State of Hawaii Department of Transportation, Jade Hale, Jade T. Butay, State of Hawaii State Land Use Commission, Nancy Cabral, Coldwell Banker Day-Lum Properties, Day-Lum, Inc., Day-Lum Properties, Inc., Day-Lum Rentals, State of Hawaii Department of Taxation, Isaac Choy, State of Hawaii Board of Land and Natural Resources, Dawn Naomi S. Chang, Dawn Naomi Chang, Ku Iwalu, Riley W. Smith, Waimea Community Association, Lanihau Properties, LLC, Kailua Village Business Improvement District, Inc., Nancy Carr Smith, Aloha Kohala Realty, LLC, State of Hawaii Office of Planning and Sustainable Development, Scott Glenn, County of Hawaii, County of Hawaii Office of the Prosecuting Attorney, Hawaii County Mayor Office, Office of the County of Hawaii the Hawaii Police Department, Office of the County of Hawaii Department of Environmental Management, Office of the County of Hawaii Mass Transit Agency, Office of the County of Hawaii Planning Department, Office of the County of Hawaii Department of Finance and Real Property Tax Office, Mitch Roth, Paul Ferreira, Harry Kubojiri, Officer Ishii, Christopher Ragasa, Benhielden Del Toro, Loyd Ishikawa, Herbert Hamersmc, G. Horton, R. L., John Doe #1, John Doe #2, John Doe #3, John Doe # 4, John Doe #5, John Doe # 6, John Doe # 7, Jane or John Doe # 8, Kelden B. A. Waltjen, Ramzi I. Mansour, John Andoh, Grant G. Nagata, Mary Aken, Michael Yee, Zendo Kern in an individual capacity and as Director and employee of the County of Hawaii Planning Department doing business as Zendo Kern doing business as Zendo Kern Planning Consultant, LLC doing business as Green Island Builders doing business as, Zendo Kern Planning Consultant, LLC, Green Island Builders, Superior Development Group, LLC, Zendo Kern Enterprises, LLC, Z K Enterprises, Kern & Associates, SDG Contracting, Deanna Sako, Finance Realty Company, Limited, Finance Realty Company, Ltd., Finance Realty, Hawaii Chamber of Commerce, Chamber of Commerce of Hawaii, Kuuhaku Park, Matson Navigation Co., Matson Navigation, Sherry Menor-McNamara, Chamber of Commerce Hawaii the Voice of Business, Finance Factors, Limited, Finance Factors, Ltd., Polynesian Investment Company, Limited, Fidelity National Title & Escrow of Hawaii, Inc., Bank of Hawaii, Hawaiian Trust, Bishop Trust, Stafford Kiguchi, Hawaii Association of Realtors, Fern Forest Community Association, Ken Ah Lo in an individual capacity and as owner of Data Processing Services, Inc. a domestic corporation, and as Official Representative and accountant, mail box and employee of Fern Forest Community Association doing business as Data Processing Ser, Caroline Frazier, Caroline Ann Frazier, William Watkins, Bill Watkins, Bill, Leslie Miles, Leslie Michelle Miles, John Tarson, Epic Lava Tours, Marguerite Hauberg in an individual capacity and as former Secretary of the Fern Forest Community Association and as owner of Sita Yoga Seattle doing business as Sita Yoga Seattle, Sita Yoga Seattle, Chris Quarre, Rob, Bob, Mike Muench, Mike, Mikie, Linda Wagner, George Byron Delorm, Donna Delorm, Penny Blair, Penny, Donna L. Herbst, Pacific Isle Properties, Inc., Pacific Isle Properties, LLC, Emanuel Castillo, Claudia Halbert, Julie Tanner, Melissa Fletcher, Yurts of Hawaii, LLC, Kim Dillman, Robert Peter Jacobson, Rhonda D. Lickfelt, Rhonda Ammon, Rhonda D. Ammon, Rhond D. Ballard, Rhonda Ballard, Rhonda Waibel, Kenneth Bugado, Leslie Leber, Donald Krigsvold in an individual capacity and as current Treasurer of Fern Forest Community Association doing business as Hale Kipa Fern Forest, Peter Steinberg, White Boy Law Firm, Stuart H. Oda and Stuart Haruo |
1:2023cv00006 |
January 6, 2023 |
US District Court for the District of Hawaii |
KENNETH J MANSFIELD |
J MICHAEL SEABRIGHT |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
None |
Docket Report
This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 ORDER DENYING MOTION BY PLAINTIFF THUNDERFOOT TO BE A SUBSTITUTE FOR THE DECEASED PLAINTIFF BRENDAN SEAN GYPKHAIM CHARLIE AND/OR TO TRANSFER HIS INTERESTS TO PLAINTIFF THUNDERFOOT UNDER THE FEDERAL RULES OF CIVILPROCEDURE 25 re #17 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/3/2023. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 3/3/2023. 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).(jni) |
Filing 22 EO: For good cause shown, the Court GRANTS the #20 Motion to Continue Rule 16 Scheduling Conference. The Telephonic Rule 16 Scheduling Conference previously set for 03/06/2023 IS CONTINUED TO 05/05/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 04/28/2023. Plaintiff to notify the Defendants.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: Call-in: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 this Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiff Thunderfoot at the email address on the docket of msthunderfoot@yahoo.com on 02/28/2023. |
Filing 21 NOTICE of Hearing; and Attachment #A - by Plaintiff Thunderfoot. (Attachments: #1 Attachment #A)(jni) |
Filing 20 MOTION by Plaintiff for a Continuance of the Scheduling Conference Under Federal Rules of Civil Procedure Rule 16, Set for March 6, 2023; and Attachment #A - by Plaintiff Thunderfoot. (Attachments: #1 Attachment #A)(jni) Modified on 2/24/2023 (jni) |
Filing 19 NOTICE of Hearing; and Attachment #A - by Plaintiff Thunderfoot. (Attachments: #1 Attachment #A)(jni) |
Filing 18 STATEMENT BY PLAINTIFF THUNDERFOOT NOTING THE DEATH OF A PARTY, PLAINTIFF BRENDAN SEAN GYPKHAIM CHARLIE; AND ATTACHMENT #A and #B - by Plaintiff Thunderfoot. (Attachments: #1 Attachment #A, #2 Attachment #B) |
Filing 17 MOTION BY PLAINTIFF THUNDERFOOT TO BE A SUBSTITUTE FOR THE DECEASED PLAINTIFF BRENDAN SEAN GYPKHAIM CHARLIE AND/OR TO TRANSFER HIS INTERESTS TO PLAINTIFF THUNDERFOOT UNDER FEDERAL RULES OF CIVIL PROCEDURE RULE 25; ATTACHMENT #A; AND EXHIBITS #A-#C - by Plaintiff Thunderfoot. (Attachments: #1 Attachment #A, #2 Exhibit #A, #3 Exhibit #B, #4 Exhibit #C)(jni) |
Filing 16 ORDER DENYING PLAINTIFF THUNDERFOOT'S MOTION TO WAIVE REQUIREMENT FOR ALL PARTIES TO MEET AND REPORT PRIOR TO THE SCHEDULING CONFERENCE re #14 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/8/2023.Based on the foregoing, the Court DENIES Plaintiff Thunderfoot's Motion to Waive Requirement for All Parties to Meet and Report Prior to the Scheduling Conference as set forth herein (ECF No. 14). Notwithstanding the Court's denial of the Motion, Plaintiff Thunderfoot (solely in her individual capacity) may meet and confer with a defendant separately. That is, Plaintiff Thunderfoot does not need to meet and confer with all defendants simultaneously.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 2/9/2023. 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).(jni) |
Filing 15 ORDER REGARDING PLAINTIFFS' MOTION FOR JUDICIAL INSTRUCTIONS FOR HOW TO PROCEED re #13 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/8/2023.Based on the foregoing, the Court GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion for Judicial Instructions for How to Proceed (ECF No. 13) as set forth herein. The Court takes no action as to the remainder of the Motion.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (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).(jni) |
Filing 14 MOTION BY PLAINTIFFS THUNDERFOOT, THE RAINY DAY LIVING TRUST, THE ESTATE OF BRENDAN SEAN GYPKHAIM CHARLIE, NATIVE AMERICAN CENTER, JUNGLE KING COMMUNITY ASSOCIATION, AND DRAGONFLY MOON NOVELTIES TO WAIVE REQUIREMENT FOR ALL PARTIES TO MEET AND REPORT PRIOR TO THE SCHEDULING CONFERENCE - by Plaintiffs Dragonfly Moon Novelties, Estate of Brendan Sean Gypkhaim Charlie, Jungle King Community Assoc., Native American Center, Rainy Day Living Trust, Thunderfoot. (Attachments: #1 Attachment #A)(jni) Modified on 2/6/2023 (jni) |
Filing 13 MOTION by Plaintiffs Thunderfoot, The Rainy Day Living Trust, The Estate of Brendan Sean Gypkhaim Charlie, Native American Center, Jungle King Community Association, and Dragonfly Moon Novelties for Judicial Instructions on How to Proceed - by Plaintiffs. (Attachments: #1 Attachment #A)(jni) |
Filing 12 RESPONSE BY PLAINTIFF THUNDERFOOT TO THE COURT'S REQUEST FOR ME TO SUBMIT FORM AO 240; ATTACHMENTS #A; EXHIBITS # 1 - #13 re 9 - filed by Thunderfoot. (Attachments: #1 Attachment A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(jni) |
Filing 11 EO: On January 17, 2023, Plaintiff Thunderfoot ("Plaintiff") paid the Complaint Civil Filing Fee of $402.00. ECF #10 . Accordingly, Plaintiff's multiple Applications to Proceed in District Court Without Prepaying Fees or Costs ("IFP Applications"), ECF No. 3-6, are terminated as moot. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 10 Filing fee received: $ 402, Receipt number Tracking ID: 273DSKCI re #1 Complaint. (jni) |
Filing 9 EO: On January 06, 2023, Plaintiff Thunderfoot ("Plaintiff") filed a Complaint, ECF No. #1 , and multiple Applications to Proceed in District Court Without Prepaying Fees or Costs ("IFP Applications"), ECF Nos. 3-6. While Plaintiff submits the Complaint in her individual capacity, none of the four IFP Applications detail the Plaintiff's individual financials. Accordingly, the court directs Plaintiff to file a fully completed IFP Application in her individual capacity that addresses her personal financials no later than January 23, 2023. Alternatively, Plaintiff may pay the Complaint Civil Filing Fee of $402.00. Failure to comply with this entering order by January 23, 2023, may result in automatic dismissal of this action. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 8 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/6/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/6/2023. (eta)COURTS CERTIFICATE OF SERVICE - Thunderfoot was served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 6, 2023. File-stamped copies of Complaint and IFP applications were included in the mailing to Plaintiff. |
Filing 7 Disclosure Statements for Plaintiffs Native American Center, Jungle King Community Association, and Dragonfly Moon Novelties - by Dragonfly Moon Novelties, Jungle King Community Assoc., Native American Center. (Attachments: #1 Attachment A)(eta) |
Filing 6 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiffs Thunderfoot as Owner of Dragonfly Moon Novelties (Attachments: #1 Attachment # 1)(eta) |
Filing 5 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Thunderfoot as President of Native American Center (Attachments: #1 Attachment # 1, #2 Attachment # 2, #3 Attachment # 3)(eta) |
Filing 4 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Thunderfoot as Personal Representative of the Estate of Brendan Sean Gypkhaim Charlie (Attachments: #1 Attachment # 1)(eta) |
Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Thunderfoot as President of Jungle King Community Assoc. (Attachments: #1 Attachment # 1)(eta) |
Filing 2 CIVIL Cover Sheet - by Thunderfoot. (eta) |
Filing 1 COMPLAINT (Constitutional and Civil Torts and Other Torts and Personal Injury Complaint and Statement of Claim for Declaratory and Writs and Injunction Reliefs and Equitable Reliefs and Damages) against All Defendants - filed by Thunderfoot, Native American Center, Estate of Brendan Sean Gypkhaim Charlie, Jungle King Community Assoc., Dragonfly Moon Novelties, Rainy Day Living Trust. (Attachments: #1 Attachment A (Continued List of Named Defendants), #2 Attachment B (Parties Information for Three-Part Action), #3 Attachment I (Factual Allegations), #4 Attachment II (Factual Allegations), #5 Attachment III (Factual Allegations), #6 Attachment C (Claims for Part I of Three-Part Action), #7 Attachment D (Part 1 of 2) (Claims for Part II of Three-Part Action), #8 Attachment D (Part 2 of 2) (Claims for Part II of Three-Part Action), #9 Attachment # E (Claims for Part III of Three- Part Action), #10 Attachment #IV, #11 Attachment # V, #12 Attachment #VI, #13 Glossary of Abbreviations and Definitions for Three-Part Action)(eta) (Additional attachment(s) added on 1/9/2023: #14 Mailing Documentation) (eta). |
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