Xian et al v. Jasmer et al
| Kathryn Xian, Julie C. Valadez, Susan Lim Liang, Protective Makua, Jane Does 1-50, Kathryn, Wisconsin Women for Change, Kimberlee Coronado, Jane Does 1-20 and John Does 1-20 |
| John Does 1-50, Molly Jasmer, Detective Trevor G. Hinman, Kurt Schuster, Ricardo Valadez, Maria Valadez, Ralph M. Ramirez, Detective Shelly Fisher, Ricardo Valadez, Sr., Officer Muir, Special Agent Erin Lucker, U.S. Attorney Gregory J. Haanstad, Hon. Ralph M. Ramirez, Michael J. Abrahamanian, Judge Michael J. Abrahamanian, Kelly Nickels, James Murray, Justice Mark D. Gundrum, Katherine Jochman De Lorenzo, Shari Daquisto, Monica Paz, Lindsey Anderson, Hon. Daniel S. Johnson, Anthony Coronado, Peter Wolff, Abbey M. Marzick, Lt. Dave Markley, Det. Jennifer Michalek-Milligan, Robert Webster, Nancy Webster, James Sempf, Samuel A. Guindi, Chief Judge Jennifer R. Dorow, Hon. Philip A. Koss, Hon. Michael J. Aprahamian, Lt. David Markley, Officer Brian Mair, Katherine De Lorenzo, Shari D'aquisto, Paul Decker, William Sulton, Dawn Jones and Kelly Nickel |
| 1:2023cv00211 |
| May 12, 2023 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
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| Filing 25 EO: On July 5, 2023, Plaintiffs filed an #23 Ex Parte Motion seeking either an extension of time to respond to Defendant Trevor G. Hinman's #20 Objection to Personal Jurisdiction and Motion to Dismiss or, alternatively, denial of that Objection and Motion. The Court previously held Defendant Hinman's Objection and Motion in abeyance until it could rule on Plaintiffs' #19 Motion for Leave to Consider Indigent Status. ECF No. 22 . The Objection and Motion has not been set for hearing. Because the Objection and Motion is currently held in abeyance and does not have a hearing date, the Court cannot yet address Plaintiffs' request for extension. See Local Rule 7.2 (specifying opposition deadline based on the hearing date). Nor can the Court address Plaintiffs' request for denial, because considering such a request would be premature in light of the possibility that Plaintiffs' #18 Amended Complaint may be screened and dismissed, see 28 U.S.C. 1915(e), automatically mooting any motions to dismiss against the screened complaint. Plaintiff's #23 Ex Parte Motion is, therefore, also held in abeyance until the Court rules on Plaintiffs' #19 Motion for Leave to Consider Indigent Status. The remaining issue with the #23 Ex Parte Motion ("EP Motion") is its restricted status on the docket. There is a "strong presumption in favor of access to court records." Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (citation omitted). "Accordingly, '[a] party seeking to seal a judicial record then bears the burden of overcoming this strong presumption by meeting the 'compelling reasons' standard.'" Id. (quoting Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006)). Plaintiffs provide no explanation as to why the EP Motion was filed sealed and ex parte, see ECF No. 23, and they appear to have served the EP Motion only on Defendant Hinman, see ECF No. #24 . It is thus not clear whether Plaintiffs intend to have the EP Motion sealed from public access simply because of the medical information contained therein or, additionally, intend to have the EP Motion filed ex parte with respect to the non-served Defendants because it may concern actions taken by those non-served Defendants. The Court thus DIRECTS Plaintiffs to file one of three items by no later than July 28, 2023: (1) an unsealed one-page statement indicating the EP Motion should neither remain sealed nor ex parte; (2) an unsealed Motion to Seal under Local Rule 5.2 indicating that the EP Motion should remain sealed and why, but not requesting the EP Motion remain ex parte; or (3) an ex parte application under Local Rule 7.10, including a declaration stating why the non-served Defendants cannot be made aware of the contents of the EP Motion. If requesting ex parte status, Plaintiffs should further explain why the EP Motion and its attachments "might [] become a vehicle for improper purposes." Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995). And if requesting just sealed status, Plaintiffs should consult Center for Auto Safety, 809 F.3d at 1096, the Court's Local Rule 5.2, and the Court's guide for filing under seal, available at https://www.hid.uscourts.gov/files/1sidefile1/HowToFileMotionUnderSeal1.pdf. (JUDGE JILL A. OTAKE)(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 24 CERTIFICATE OF SERVICE re #23 - by Kimberlee Coronado, Susan Lim Liang, Protective Makua, Julie C. Valadez, Wisconsin Women for Change, Kathryn Xian (Attachments: #1 Exhibit List)(eta) |
| Filing 23 EMERGENCY EX PARTE MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS, OR IN THE ALTERNATIVE DISMISS MOTION AS MOOT; EXHIBITS 1-7 - by Plaintiffs Kathryn Xian, Julie C. Valadez, Susan Lim Liang, Protective Makua, Wisconsin Women for Change, Kimberlee Coronado, Jane Does 1-20, John Does 1-20. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(jni) |
| Filing 22 EO: The Court holds #20 Defendant Trevor G. Hinman's Objection to Personal Jurisdiction and Motion to Dismiss in abeyance until the Court rules on Plaintiff's #19 Motion for Leave to Consider Indigent Status. The Court will thereafter issue a ruling on #20 Defendant Trevor G. Hinman's Objection to Personal Jurisdiction and Motion to Dismiss. (JUDGE JILL A. OTAKE)(shm)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 21 AFFIDAVIT of Service Via Mailing re #20 - filed by Trevor G. Hinman. (jni) |
| Filing 20 Trevor G. Hinman's Objection to Personal Jurisdiction and MOTION to Dismiss - by Defendant Trevor G. Hinman. (jni) |
| Filing 19 MOTION for Leave to Consider Indigent Status of Plaintiffs and Request for E-File Access and Court Order for Service - filed by Plaintiffs Kimberlee Coronado, Susan Lim Liang, Protective Makua, Julie C. Valadez, Wisconsin Women for Change, Kathryn Xian, Jane Does 1-20, John Does 1-20. (Attachments: #1 Certification and Closing)(jni) |
| Filing 18 AMENDED COMPLAINT; EXHIBITS 1-12 against Michael J. Aprahamian, Anthony Coronado, Shari D'aquisto, Katherine De Lorenzo, Paul Decker, Jennifer R. Dorow, Shelly Fisher, Samuel A. Guindi, Mark D. Gundrum, Gregory J. Haanstad, Trevor G. Hinman, Molly Jasmer, Daniel S. Johnson, Dawn Jones, Philip A. Koss, Erin Lucker, Brian Mair, David Markley, Abbey M. Marzick, Jennifer Michalek-Milligan, James Murray, Kelly Nickel, Monica Paz, Ralph M. Ramirez, Kurt Schuster, James Sempf, William Sulton, Maria Valadez, Ricardo Valadez, Ricardo Valadez, Sr., Nancy Webster, Robert Webster, Peter Wolff - filed by Wisconsin Women for Change, Kimberlee Coronado, Julie C. Valadez, Kathryn Xian, Susan Lim Liang, Protective Makua, Jane Does 1-20, John Does 1-20. (Attachments: #1 Exhibits (List), #2 Exhibit, #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)(jni) Modified on 6/6/2023 to provisionally restrict Exhibits 1, 3, 5, 6, 7 as they contain personal identifiers. (jni) |
| Filing 17 EO: The Court construes #11 Plaintiffs' Motion for Leave to Amend and Supplement Pleading as Plaintiffs' first request to amend the complaint. The Court GRANTS this request pursuant to Federal Rules of Civil Procedure Rule 15(a)(1)(A), which provides that a "party may amend its pleading once as a matter of course within: (A) 21 days after serving it[.]" Plaintiffs are ORDERED to file the amended complaint no later than 6/2/2023. Additionally, in order to allow Plaintiffs time to serve Defendants, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 7/10/2023 to 10/2/2023 at 9:30 a.m. 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. Plaintiffs shall notify Defendants. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail on May 26, 2023 to the addresses of record listed on the Notice of Electronic Filing (NEF). |
| Filing 16 Summons Issued as to Nancy Webster. (jni) |
| Filing 15 Summons Issued as to Robert Webster. (jni) |
| Filing 14 Summons Issued as to Ricardo Valadez. (jni) |
| Filing 13 Summons Issued as to Trevor G. Hinman. (jni) |
| Filing 12 Summons Issued as to Molly Jasmer. (jni) |
| Filing 11 PLAINTIFFS' MOTION FOR LEAVE TO AMEND AND SUPPLEMENT PLEADING: Amendment and Supplement to Pleading; Exhibits 1-14 - by Plaintiff Susan Lim Liang. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(jni) |
| Filing 10 Filing fee received: $ 402.00, Receipt number 507 re: #7 Amendment to Complaint. (jni) |
| Filing 9 EO: Plaintiffs filed another amended complaint on 5/18/23, and again failed to comply with the requirements explained in the #2 Deficiency Order. See ECF No. 6. The Court will not take any further action on this case and will not respond to further filings unless and until Plaintiffs either pay the filing fee or submit the required IFP by the June 14, 2023 deadline. Failure to meet that deadline will result in automatic dismissal of this action. (JUDGE JILL A. OTAKE)(shm)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 Litigation Hold Notice (to Defendant Molly Jasmer, Guardian Ad Litem); Notice of Plaintiffs' intent to timely file request for jury trial(s) in this case - by Susan Lim Liang. (jni) |
| Filing 7 AMENDMENT TO COMPLAINT AND REQUEST FOR INJUNCTION against All Defendants - filed by Susan Lim Liang.(jni) |
| Filing 6 EO: Plaintiffs filed an amended complaint on 5/16/2023 5/18/23; however, Plaintiffs again fail to comply with the requirements explained in the #2 Deficiency Order. As explained in the Order, parties instituting a civil action must pay a $402 filing fee or file an application for leave to proceed in forma pauperis ("IFP") with their complaint. The Deficiency Order granted twenty-eight days from 05/12/23 to either pay the fee or submit the IFP. Plaintiffs are advised that their action may not proceed until they pay the filing fee or submit an IFP bearing the docket number assigned to this case. Based on the amended complaint, the Court extends the deadline to pay the fee or submit an IFP to June 14, 2023. The Court will grant no further extensions. The Court cautions Plaintiffs that the Court will automatically dismiss the action if Plaintiffs fail to either pay the fee or submit an IFP by June 14, 2023. (JUDGE JILL A. OTAKE)(shm)COURT'S 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) Modified on 5/23/2023 (shm). |
| Filing 5 AMENDMT TO COMPLAINT AND REQUEST FOR INJUNCTION against All Defendants - filed by Susan Lim Liang.(jni) |
| Filing 4 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm)COURT'S 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 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/10/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/12/2023. COURT'S CERTIFICATE OF SERVICE - Susan Liang has been served by First Class Mail to the addresses of record listed on the (NEF) on 5/15/2023. (jni)
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/12/2023. COURT'S CERTIFICATE OF SERVICE - Susan Liang has been served by First Class Mail to the addresses of record listed on the (NEF) on 5/15/2023. A copy of the file-stamped Complaint, Deficiency Order, blank Application for IFP, and Pro Se Handbook was also included in the mailing to Plaintiff. (jni)
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| Filing 1 COMPLAINT AND REQUEST FOR INJUNCTION against Molly Jasmer, Trevor G. Hinman, Kurt Schuster, Ricardo Valadez, Maria Valadez, Ralph M. Ramirez, Shelly Fisher, Ricardo Valadez, Sr., Muir, Erin Lucker, Gregory J. Haanstad - filed by Susan Lim Liang.(jni) |
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