Pierce v. Gavigan et al
| Samuel Pierce |
| Marie Gavigan, State of Hawaii, John Does No. 1-100, Gary Yamashiroya and David Matsumiya |
| 1:2023cv00359 |
| August 28, 2023 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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COURT'S CERTIFICATE of Service - Samuel Pierce was served a copy of #26 Summons Issued, and #27 Summons Issued on 10/23/2023 by Notice of Electronic Filing at the email address of record on 10/23/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
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Filing 29
EO: On October 20, 2023, Defendants Marie Gavigan and the State of Hawaii filed a Motion to Dismiss Plaintiff's First Amended Complaint ("Motion to Dismiss"). See ECF No. #23 . Plaintiff's Opposition to the Motion to Dismiss is due by November 13, 2023. Defendants' optional Reply is due by December 1, 2023. After reviewing the filings, the court will decide whether to hold a hearing on the Motion to Dismiss, or to decide the Motion without a hearing under Local Rule 7.1(c). (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 28
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held on 10/23/2023.Discussion had. Court confirms Pro Se Plaintiff is a licensed attorney and thus, dispenses with customary pro se advisories.Mr. Cruz confirms he represents Defendant Marie Gavigan and has filed a [ECF #23 ] Motion to Dismiss ("Motion"). To date, however, the record fails to reflect issuance of summons or service of the [ECF #18 ] First Amended Complaint on Defendants Gary Yamashiroya and David Matsumiya. Mr. Cruz represents he is not authorized to accept or waive service on either of the unserved defendants. Plaintiff reminded to take appropriate steps to effect service.In light of the pending Motion and with service yet to be made on other defendants, the Court defers setting dates and deadlines. Parties concur.Court CONTINUES the Telephonic Rule 16 Conference to 12/19/2023 at 8:45 AM before Magistrate Judge Trader. No submissions required. Parties and other participants must call in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.During the interim and until a scheduling order issues, the parties are precluded from engaging in any discovery.(ZOOM / 9:00 AM - 9:08 AM)(MAGISTRATE JUDGE ROM TRADER) (mdc)COURTS CERTIFICATE OF SERVICE - Non-registered CM/ECF participants have been served by First Class Mail to the addresses of record (international address) listed on the Notice of Electronic Filing (NEF). Pro se (non-prisoner) litigants that have consented to receive documents and NEFs by e-mail, have been served electronically at the e-mail address listed on the NEF.
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Filing 27
Summons Issued as to Gary Yamashiroya. (jni)
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Filing 26
Summons Issued as to David Matsumiya. (jni)
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Filing 25
(Proposed) Summons (Gary Yamashiroya) - by Samuel Pierce. (jni)
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Filing 24
(Proposed) Summons (David Matsumiya) - by Samuel Pierce. (jni)
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Filing 23
MOTION to Dismiss Defendant Marie Gavigan's Motion to Dismiss Plaintiff's First Amended Complaint Skyler G. Cruz appearing for Defendant Marie Gavigan (Attachments: #1 Memorandum, #2 Certificate of Service)(Cruz, Skyler)
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Filing 22
Scheduling Conference Statement by Plaintiff Samuel Pierce. (apg)
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Filing 21
Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Cruz, Skyler)
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Filing 20
EO: On October 6, 2023, Plaintiff filed a First Amended Complaint. See ECF No. #18 . In light of this amendment, the court deems Defendants' pending Amended Motion to Dismiss Plaintiff's Complaint, ECF No. #15 , to be MOOT. That is, the Amended Motion to Dismiss is DENIED without prejudice to re-filing any appropriate motion directed at the First Amended Complaint. (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 17
REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Cruz, Skyler)
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Filing 19
OPPOSITION to Motion to Dismiss re #15 ; Request for Hearing and Oral Argument - filed by Samuel Pierce. (eta)
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Filing 18
FIRST AMENDED COMPLAINT; (Bench Trial Demanded) against Marie Gavigan, Gary Yamashiroya, David Matsumiya - filed by Samuel Pierce.(eta)
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Filing 16
EO: On September 25, 2023, Defendants filed an "Amended Motion to Dismiss Plaintiff's Complaint." ECF No. #15 . Because the Amended Motion to Dismiss contains no substantive revisions to the prior Motion to Dismiss (and only adds a missing Table of Contents and Table of Authorities), the court's prior briefing schedule as set forth on September 20, 2023, remains. See ECF No. 14 .To be clear, Plaintiff's Opposition to the Amended Motion to Dismiss is due by October 9, 2023. Defendants' optional Reply is due by October 23, 2023. After reviewing the filings, the court will decide whether to hold a hearing on the Amended Motion to Dismiss, or to decide the Motion without a hearing under Local Rule 7.1(c). (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 15
Amended MOTION to Amend/Correct #1 Complaint, #13 MOTION to Dismiss Defendants Marie Gavigan and State of Hawaii's Motion to Dismiss Plaintiff's Complaint Skyler G. Cruz appearing for Defendants Marie Gavigan, State of Hawaii (Attachments: #1 Memorandum, #2 Certificate of Service)(Cruz, Skyler)
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Filing 14
EO: On September 20, 2023, Defendants Marie Gavigan and the State of Hawaii filed a Motion to Dismiss, ECF No. #13 . Plaintiff's Opposition to the Motion to Dismiss is due by October 9, 2023. Regarding formatting of the Opposition, Plaintiff is reminded of Local Rules 7.4, 10.2 and 10.3. Defendants' optional Reply is due by October 23, 2023. After reviewing the filings, the court will decide whether to hold a hearing on the Motion to Dismiss, or to decide the Motion without a hearing under Local Rule 7.1(c). (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 13
MOTION to Dismiss Defendants Marie Gavigan and State of Hawaii's Motion to Dismiss Plaintiff's Complaint Skyler G. Cruz appearing for Defendants State of Hawaii, Marie Gavigan (Attachments: #1 Memorandum, #2 Certificate of Service)(Cruz, Skyler)
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Filing 12
EO: On 8/31/2023, Plaintiff, proceeding pro se, filed a [ECF #11 ] Motion for Service by Publication ("Motion"). Plaintiff argues that Plaintiff should be permitted to serve the summons and complaint on Defendant Marie Gavigan by publication because the State of Hawaii, Department of the Attorney General ("DAG"), refuses to accept service of process for Defendant Marie Gavigan ("Defendant"). Plaintiff also claims that the Court is "well aware" or has "recognized" various factual allegations against Defendant. This Court has not taken notice of any factual allegations made by Plaintiff. Plaintiff has not cited any legal authority in support of the Motion. Moreover, based on the facts alleged in the Motion, this Court cannot find that Defendant cannot be found such that service by publication should be permitted. Plaintiff has not alleged any attempt to serve the Defendant outside of DAG and finding out that the Defendant allegedly retired from Defendant's place of employment. The Court also does not find Plaintiff's claim credible that "[f]urther efforts to discover Gavigan's whereabouts would not only be unnecessarily expensive but also may be futile." ECF No. 11 at PageID.24. Accordingly, the Court DENIES the Motion. (MAGISTRATE JUDGE ROM TRADER)(laa)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 11
MOTION for Service by Publication - by Plaintiff Samuel Pierce. (jni)
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Filing 10
Pro Se Consent to Receive Documents and Notices of Electronic Filing by Email (Attachments: #1 Technical Guide for Using Notices of Electronic Filing) (jni)
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Filing 9
Summons Issued as to Marie Gavigan. (jni)
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Filing 8
Amended Summons (Proposed) - by Samuel Pierce. (jni)
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Filing 7
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 6
Filing fee received: $ 402.00, Receipt number 1211 re #1 Complaint. (jni)
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COURT'S CERTIFICATE of Service - a copy of #7 Civil Waiver of Service Packet, was served to Samuel Pierce by First Class Mail to the address of record on the Notice of Electronic Filing (NEF). In addition, a courtesy copy was emailed to the email address of record on 8/30/2023. (jni)
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COURT'S CERTIFICATE of Service - a copy of #9 Summons Issued was served to Samuel Pierce by email to the email address of record on 8/30/2023. A hard copy shall be served by First Class Mail to the address of record on the Notice of Electronic Filing (NEF) on 8/31/2023. (jni)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/23/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/28/2023. COURT'S CERTIFICATE OF SERVICE - Samuel Pierce was served a copy of the foregoing by email to the email address of record listed on the Notice of Electronic Filing (NEF) on 8/28/2023. (jni)
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Filing 4
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/28/2023. COURT'S CERTIFICATE OF SERVICE - Samuel Pierce was served a copy of the foregoing and filed copies of #1 Complaint and #2 Civil Cover Sheet, by email to the email address of record listed on the Notice of Electronic Filing (NEF) on 8/28/2023. Additionally, an Application to Proceed in District Court without Prepaying Fees or Costs, was included in the email to Plaintiff. (jni)
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Filing 3
Summons (Proposed) - by Samuel Pierce. (jni)
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Filing 2
CIVIL Cover Sheet - by Samuel Pierce. (jni)
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Filing 1
COMPLAINT against Marie Gavigan, State of Hawaii, John Does No. 1-100 - filed by Samuel Pierce.(jni)
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