Dicks v. Schatz et al
| Karl Orlando Dicks |
| Brian Schatz, Calvin Say, Choon James, Colleen Hanabusa, Donavan Dela Cruz, Josh Green, Kai Kahele, Keith Amemiya, Kymberly Pine, Kurt Fevella, Rick Blangiardi, Scott Saiki, Stanley Chang, Steve Alm, Sylvia Luke, Vicky Cayetano and Will Espero |
| 1:2023cv00012 |
| January 10, 2023 |
| U.S. District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 46
NOTICE of Hearing on Motion - #45 MOTION for Joinder re #27 MOTION to Dismiss for failure to State a Claim , #29 MOTION to Dismiss for failure to State a Claim , #37 First MOTION to Dismiss for failure to State a Claim is set for 04/10/2023 at 10:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. (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 (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 45
MOTION for Joinder re #27 MOTION to Dismiss for failure to State a Claim , #29 MOTION to Dismiss for failure to State a Claim , #37 First MOTION to Dismiss for failure to State a Claim First MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION to Dismiss for failure to State a Claim against Defendant Calvin Say DEFENDANT RICK BLANGIARDIS SUBSTANTIVE JOINDER IN THE MOTIONS TO DISMISS William C. McCorriston appearing for Defendant Rick Blangiardi (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(McCorriston, William)
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Filing 44
NOTICE of Appearance by Megan Ashley Coburn on behalf of Rick Blangiardi on behalf of Rick Blangiardi. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(Coburn, Megan)
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Filing 43
NOTICE of Appearance by William C. McCorriston on behalf of Rick Blangiardi on behalf of Rick Blangiardi. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(McCorriston, William)
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Filing 42
FIRST STIPULATION TO EXTEND TIME FOR DEFENDANT VICKY CAYETANO TO FILE A RESPONSIVE PLEADING TO PLAINTIFF KARL ORLANDO DICK'S COMPLAINT FILED JANUARY 10, 2023; CERTIFICATE OF SERVICE as to Vicky Cayetano - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/22/2023.IT IS HEREBY STIPULATED by and between Plaintiff KARL ORLANDO DICKS ("Plaintiff") and Defendant VICKY CAYETANO ("Cayetano"), that Plaintiff will allow Cayetano up to and until Friday, February 24, 2023, to file a responsive pleading in response to the Plaintiff's complaint filed January 10, 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 2/22/2023. 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)
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Filing 41
NOTICE of Hearing on Motion - #40 MOTION to Dismiss for failure to State a Claim against Defendant Vicky Cayetano is set for 04/10/2023 at 10:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. (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 (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 40
MOTION to Dismiss for failure to State a Claim against Defendant Vicky Cayetano Jonathan Akira Kobayashi appearing for Defendant Vicky Cayetano (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Jonathan A. Kobayashi, #3 Exhibit "1", #4 Certificate of Service)(Kobayashi, Jonathan)
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Filing 39
NOTICE of Appearance by Jonathan Akira Kobayashi on behalf of Vicky Cayetano on behalf of Vicky Cayetano. (Attachments: #1 Certificate of Service)(Kobayashi, Jonathan)
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Filing 38
NOTICE of Hearing on Motion - #37 First MOTION to Dismiss for failure to State a Claim and First MOTION to Dismiss for Lack of Jurisdiction is set for 04/10/2023 at 10:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. (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 (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 37
First MOTION to Dismiss for failure to State a Claim , First MOTION to Dismiss for Lack of Jurisdiction Colleen Wakako Hanabusa appearing for Defendants Sylvia Luke, Scott Saiki, Donavan Dela Cruz, Colleen Hanabusa (Attachments: #1 Memorandum, #2 Certificate of Compliance, #3 Certificate of Service)(Hanabusa, Colleen)
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Filing 36
NOTICE of Appearance by Colleen Wakako Hanabusa on behalf of Donavan Dela Cruz, Colleen Hanabusa, Sylvia Luke, Scott Saiki on behalf of Donavan Dela Cruz, Colleen Hanabusa, Sylvia Luke, Scott Saiki. (Attachments: #1 Certificate of Service)(Hanabusa, Colleen)
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Filing 35
EO: The following motions are also set for hearing on April 10, 2023 at 10:00 a.m. before Judge J. Michael Seabright in courtroom Aha Kaulike: (1) Defendant Will Espero's Motion to Dismiss, ECF No. #32 ; and (2) Defendant Choon James's Motion to Dismiss, ECF No. #33 . As with the other motions set for hearing on that date, Plaintiff's Oppositions must be filed and served by March 20, 2023, and optional Replies must be filed and served by March 27, 2023. (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)
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ADVISORY ENTRY-Incorrect Event- Please be advised that an incorrect filing event was selected for docket entry #32 MOTION to Dismiss Plaintiff's Complaint filed on January 10, 2023. The docket text has been modified. For the filing party's future reference, a helpful tool in determining the correct filing event is the "SEARCH" option located on the CM/ECF tool bar. A text window will appear wherein the filer may type in the word that describes the filing. (jni)
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Filing 34
PROOF OF SERVICE; Exhibits - by Karl Orlando Dicks. (Attachments: #1 Exhibit A - Brian Schatz, #2 Exhibit B - Calvin Say, #3 Exhibit C - Choon James, #4 Exhibit D - Colleen Hanabusa, #5 Exhibit E - Scott Saiki, #6 Exhibit F - Donovan Dela Cruz, #7 Exhibit G - Josh Green, #8 Exhibit H - Kai Kahele, #9 Exhibit I - Keith Amemiya, #10 Exhibit J - Kym Pine, #11 Exhibit K - Kurt Favella, #12 Exhibit L - Rick Blangiardi, #13 Exhibit M - Stanley Chang, #14 Exhibit N - Steve Alm, #15 Exhibit O - Sylvia Luke, #16 Exhibit P - Vicky Cayetano, #17 Exhibit Q - Will Espero)(jni)
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Filing 33
Defendant Choon James's MOTION to Dismiss Complaint Filed Jan. 10, 2023; Memorandum in Support; Exhibit A; Certificate of Service - by Defendant Choon James. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A, #3 Certificate of Service)(jni)
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Filing 32
Defendant Will Espero's MOTION to Dismiss Plaintiff's Complaint filed on January 10, 2023 ANSWER to #1 Complaint,,, by Will Espero. (Attachments: #1 Notice to Attorneys Appearance of Counsel, #2 Memorandum Memorandum in Support of Motion to Dismiss, #3 Certificate of Service Certificate of Service)(Karamatsu, Jon) Modified on 2/9/2023 (jni)
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Filing 31
EO: In light of the pending motions to dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 3/7/2023 to 5/16/2023 at 9:00 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. Plaintiff shall notify Defendants. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Karl Orlando Dicks and Choon James shall be served by First Class Mail on February 3, 2023 to the addresses of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Filing 30
EO: The following motions are set for hearing on April 10, 2023 at 10:00 a.m. before Judge J. Michael Seabright in courtroom `Aha Kaulike: (1) Defendant Calvin Say's Motion to Dismiss, ECF No. #24 ; (2) Defendant Josh Green's Motion to Dismiss, ECF No. #27 ; and (3) Defendant Brian Schatz' Motion to Dismiss, ECF No. #29 . Plaintiff's Oppositions must be filed and served by March 20, 2023, and Replies must be filed and served by March 27, 2023. If he deems it appropriate, Plaintiff may combine his Oppositions in a single filing. (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)
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Filing 29
MOTION to Dismiss for failure to State a Claim William Meheula appearing for Defendant Brian Schatz (Meheula, William)
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Filing 28
NOTICE of Appearance by William Meheula on behalf of Brian Schatz on behalf of Brian Schatz. (Meheula, William)
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Filing 27
MOTION to Dismiss for failure to State a Claim William Meheula appearing for Defendant Josh Green (Meheula, William)
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Filing 26
NOTICE of Appearance by William Meheula on behalf of Josh Green on behalf of Josh Green. (Meheula, William)
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Filing 25
NOTICE of Appearance by Jonathan Akira Kobayashi on behalf of Calvin Say on behalf of Calvin Say. (Attachments: #1 Certificate of Service)(Kobayashi, Jonathan)
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Filing 24
MOTION to Dismiss for failure to State a Claim against Defendant Calvin Say Bert T. Kobayashi, Jr appearing for Defendant Calvin Say (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Kobayashi, Bert)
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Filing 23
NOTICE of Appearance by Bert T. Kobayashi, Jr on behalf of Calvin Say on behalf of Calvin Say. (Attachments: #1 Certificate of Service)(Kobayashi, Bert)
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Filing 22
ANSWER to #1 Complaint - by Choon James. (Attachments: #1 Exhibit A)(eta)
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Filing 21
Summons Issued as to Will Espero. (jni)
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Filing 20
Summons Issued as to Vicky Cayetano. (jni)
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Filing 19
Summons Issued as to Sylvia Luke. (jni)
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Filing 18
Summons Issued as to Steve Alm. (jni)
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Filing 17
Summons Issued as to Stanley Chang. (jni)
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Filing 16
Summons Issued as to Scott Saiki. (jni)
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Filing 15
Summons Issued as to Rick Blangiardi. (jni)
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Filing 14
Summons Issued as to Kurt Fevella. (jni)
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Filing 13
Summons Issued as to Kymberly Pine. (jni)
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Filing 12
Summons Issued as to Keith Amemiya. (jni)
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Filing 11
Summons Issued as to Kai Kahele. (jni)
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Filing 10
Summons Issued as to Josh Green. (jni)
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Filing 9
Summons Issued as to Donavan Dela Cruz. (jni)
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Filing 8
Summons Issued as to Colleen Hanabusa. (jni)
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Filing 7
Summons Issued as to Choon James. (jni)
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Filing 6
Summons Issued as to Calvin Say. (jni)
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Filing 5
Summons Issued as to Brian Schatz. (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 3/7/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/10/2023. COURT'S CERTIFICATE OF SERVICE - Karl O. Dicks was served in person at the service counter at the Clerk's Office. (jni)
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Filing 2
Filing fee received: $ 402, Receipt number HI034030 re #1 Complaint. (jni)
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Filing 1
CIVIL COMPLAINT; Rules 1, 2, 3 FRCP, Pleadings Allowed, Rules 7(a),(2),(7), General Rules of Pleading Rule 8(b)(B)(1), Summons Rule 4 FRCP, LIST OF EXHIBITS; EXHIBITS A-Y; Permissive Joinder Rule 20 FRCP, Request for Declator Judgment Without Relief, Rule 57 FRCP against All Defendants - filed by Karl Orlando Dicks. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X-Y)(jni)
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