Dicks et al v. Hawaii Republican Party, et al et al
| Karl Orlando Dicks, James Ryan Malish and Daniel Decker |
| Hawaii Republican Party, et al, Shirlene Ostrov, Lynne Finnegan, Gene Ward, Laura Nakanelua, Miriam (Janice) Hellreich, Joel Borgquist, Diamond Garcia, Tiana Elesaria, Jeff Coakley, Henry Vincent, III, Mele Songsong, Brett Kulbis, Celyn Chong Kee, Patricia Saiki, Mark Blackburn, Steve Holk, Kurt Fevella, Steve Yoder, Donna Van Osdol, State of Hawaii Office of Elections, et al, Scott Nago, Election Commission, et al, Scotty Anderson, State of Hawaii First Circuit Court, et al, James Ashford, Kevin T. Morikone, State of Hawaii Department of the Attourny General, et al, Anne E. Lopez, Holly T. Shikada, Patricia Ohara, Reese R. Nakamura, State of Hawaii Supreme Court, et al, Mark E. Recktenwald, Paula A. Nakayama, Sabrina S. McKenna, Michael D. Wilson and Todd W. Eddins |
| 1:2023cv00370 |
| August 31, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 MOTION to Request for Admissions Rule 36(a) FRCP Answer Complaint, Rule 7(a)(2) FRCP - by Plaintiffs Daniel Decker, Karl Orlando Dicks, James Ryan Malish (eta) |
| Filing 29 RESPONSE to Defendant's Response to #13 MOTION to Strike - filed by Daniel Decker, Karl Orlando Dicks, James Ryan Malish. (Attachments: #1 Exhibit I (Case Views))(eta) |
| Filing 28 MOTION to Permisive Joinder Rule 20, (a)(1)(A)(B) FRCP (re Theresa Kapaku) - by Plaintiffs Daniel Decker, Karl Orlando Dicks, James Ryan Malish (Attachments: #1 Exhibit K-A, #2 Exhibit K-B)(eta) |
| Filing 27 EO: Pursuant to Local Rule 7.1(c), the Court will decide #7 State Defendants' Motion to Dismiss Plaintiffs' Complaint and #13 Plaintiffs' Motion to Strike Motion to Dismiss without a hearing. The hearing on the motions, set for 11/9/2023 before Judge Derrick K. Watson, is VACATED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)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 26 MOTION to Permisive Joinder Rule 20, (a)(1)(A)(B) FRCP (re Shaena Dele Cruz) - by Plaintiffs Daniel Decker, Karl Orlando Dicks, James Ryan Malish (Attachments: #1 Exhibit H-A)(eta) (Additional attachment(s) added on 10/26/2023: #2 Exhibit H-B) (eta). Modified on 10/26/2023 to add Exh H-B, NEF regenerated to all parties (eta). Modified on 10/26/2023 (eta). |
| Filing 25 MEMORANDUM in Support of #12 MOTION for Service Process - filed by Daniel Decker, Karl Orlando Dicks, James Ryan Malish. (Attachments: #1 Exhibit F)(eta) |
| Filing 24 EO: The Court received Plaintiffs' #23 Objection to the continuance of the Rule 16 Scheduling Conference from October 30, 2023 to December 14, 2023. Over Plaintiffs' objection and for good cause shown in the #21 October 23, 2023 Letter, the Telephonic Rule 16 Scheduling Conference will remain scheduled for December 14, 2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)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). A courtesy copy of this EO has been emailed to Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks at their email addresses on file. |
| Filing 23 OBJECTION to Continuance re 22 - filed by Daniel Decker, Karl Orlando Dicks, James Ryan Malish. (eta) |
| COURT'S CERTIFICATE of Service - Copies of ECF No. #21 and ECF No. 22 have been served by First Class Mail to the addresses of record on Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks. A courtesy copy of this Certificate of Service has also been emailed to Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks at their email addresses on file. (kjm3) |
| Filing 22 EO: Pursuant to the #21 Letter dated October 23, 2023, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from October 30, 2023 to December 14, 2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The 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 conference.Dial in number: 1-833-568-8864Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)COURT'S CERTIFICATE OF SERVICE - A courtesy copy of this EO has been emailed to Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks at their email addresses on file. |
| Filing 21 Letter to Magistrate Judge Kenneth J. Mansfield from Reese R. Nakamura, Deputy Attorney General, regarding request to continue the Rule 16 Scheduling Conference, dated October 23, 2023. (eta) |
| Filing 20 EO: Pursuant to Rule 7.1(d) of the Local Rules of Practice for the United States District Court for the District of Hawaii, the Court will decide Plaintiffs' #12 Motion for Service Process for Numerious [sic] Defendants Per Rule 5(c) without a hearing. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)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 copy of this EO has also been emailed to Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks at their email addresses on file. |
| Filing 19 STATEMENT of No Position re #12 MOTION for Service Process for Numerious Defendants Per Rule 5(c) filed by Election Commission, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Supreme Court, et al. (Attachments: #1 Certificate of Service)(Tran, Jennifer) |
| Filing 18 MEMORANDUM in Opposition to Plaintiffs' Motion to Strike Motion to Dismiss filed on Oct. 13, 2023 filed by Election Commission, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Supreme Court, et al. (Attachments: #1 Certificate of Compliance with Word Limitations, #2 Certificate of Service)(Tran, Jennifer) |
| Filing 17 REPLY in Support of Motion to Dismiss filed Sept. 28, 2023 filed by Election Commission, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Supreme Court, et al. (Attachments: #1 Certificate of Compliance with Word Limitations, #2 Certificate of Service)(Tran, Jennifer) |
| Filing 16 NOTICE of Appearance by Reese R. Nakamura on behalf of Election Commission, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Supreme Court, et al on behalf of Election Commission, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Supreme Court, et al. (Nakamura, Reese) |
| Filing 15 Mail returned as Undeliverable to James Ryan Malish re #7 MOTION to Dismiss Plaintiff's Complaint Filed August 31, 2023. (apg) |
| Filing 14 NOTICE of Hearing on [ #13 Plaintiffs' Motion to Strike Motion to Dismiss Filed 9/28/2023 is set for hearing on 11/9/2023 at 10:00 a.m. in Aha Kupono before Chief Judge Derrick K. Watson. Briefing shall be as follows: response to the motion to strike shall be due on or before October 23, 2023; a reply in support of the motion to strike shall be due on or before October 26, 2023. (tyk)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) |
| Filing 13 MOTION to Strike #7 MOTION to Dismiss - by Plaintiffs Daniel Decker, Karl Orlando Dicks, James Ryan Malish (eta) |
| Filing 12 MOTION for Service Process for Numerious Defendants Per Rule 5(c) - by Plaintiffs Daniel Decker, Karl Orlando Dicks, James Ryan Malish (eta) |
| Filing 11 NOTICE of Hearing on #7 State Defendants' Motion to Dismiss Plaintiffs' Complaint filed August 31, 2023 is set for 11/9/2023 at 10:00 AM in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2.(tyk)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) |
| Filing 10 RESPONSE to #7 MOTION to Dismiss and Memorandum in Support Filed 9/28/23 filed by Daniel Decker, Karl Orlando Dicks, James Ryan Malish. Although referenced in the caption, a certificate of service was not included with this filing. (Attachments: #1 Exhibit List / Affirmation, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(eta) |
| Filing 9 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00370 DKW-KJM on all further pleadings. 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) |
| EO: The Clerk's Office is directed to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm1)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) |
| COURT'S CERTIFICATE of Service - A copy of the EO entered on 10/02/2023 regarding the reassignment of this case to a district judge has been served by First Class Mail to the addresses of record on Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks. A courtesy copy of this Certificate of Service has also been emailed to Plaintiffs Daniel Decker, James Ryan Malish, and Karl Orlando Dicks at their email addresses on file. (kjm3) |
| Filing 8 Consent Election Form |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint Filed August 31, 2023 Jennifer Hieu Tran appearing for Defendants Election Commission, et al, State of Hawaii First Circuit Court, et al, State of Hawaii Office of Elections, et al, State of Hawaii Department of the Attourny General, et al, State of Hawaii Supreme Court, et al (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance with Word Limitations, #3 Certificate of Service)(Tran, Jennifer) |
| Filing 6 EXHIBIT A. Hawaii Free Press Article 9/4/2023 (5 Pages) - filed by Karl Orlando Dicks, James Ryan Malish, Daniel Decker. (Attachments: #1 Exhibit A)(jni) |
| Filing 5 Filing fee received: $ 402.00, Receipt number 1223 re #1 Complaint. (jni) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni) |
Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 10/30/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/31/2023. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served at the Clerk's Office service counter. (jni)
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/31/2023. (jni)
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| Filing 1 CIVIL COMPLAINT against Hawaii Republican Party, et al, Shirlene Ostrov, Lynne Finnegan, Gene Ward, Laura Nakanelua, Miriam (Janice) Hellreich, Joel Borgquist, Diamond Garcia, Tiana Elesaria, Jeff Coakley, Henry Vincent, III, Mele Songsong, Brett Kulbis, Celyn Chong Kee, Patricia Saiki, Mark Blackburn, Steve Holk, Kurt Fevella, Steve Yoder, Donna Van Osdol, State of Hawaii Office of Elections, et al, Scott Nago, Election Commission, et al, Scotty Anderson, State of Hawaii First Circuit Court, et al, James Ashford, Kevin T. Morikone, State of Hawaii Department of the Attourny General, et al, Anne E. Lopez, Holly T. Shikada, Patricia Ohara, Reese R. Nakamura, State of Hawaii Supreme Court, et al, Mark E. Recktenwald, Paula A. Nakayama, Sabrina S. McKenna, Michael D. Wilson, Todd W. Eddins - filed by Karl Orlando Dicks, James Ryan Malish, Daniel Decker.(jni) |
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