Gouveia v. Blangiardi
| Ualani Gouveia and Dennis Gouveia |
| Rick Blangiardi, Dana M.O. Viola, Steven S. Alm, Arthur Joe Logan, Rade Vanic, Joshua Nahulu, Erik Smith, Jake Bartholome, Robert Lewis, III, Doe Defendants 1-20 and City and County of Honolulu |
| 1:2023cv00378 |
| September 11, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| JILL A OTAKE |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 Letter addressed to Judge Otake from Eric A. Seitz, Esq., dated November 9, 2023. (RESTRICTED to Court and Parties only) (jni) |
| Filing 24 NOTICE of Hearing on Motions #12 Defendants Rick Blangiardi and Dana M.o. Viola's Motion to Dismiss Plaintiffs' Complaint filed onSeptember 11, 2023 (Dkt. 1) and #13 Defendants City and County of Honolulu's Motion toDismiss Complaint, filed on September 11, 2012 (Dkt. 1) is SET for 12/20/2023 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Oppositions are due 11/24/2023, Replies are due 12/8/2023.(shm) |
| Filing 23 EO: Pursuant to ECF No. #22 , the December 15, 2023 Telephonic Rule 16 Scheduling Conference is ADVANCED to November 13, 2023 at 10:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The call-in information for the 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) |
| Filing 22 Letter to Magistrate Judge Kenneth J. Mansfield from Eric A. Seitz, Esq. regarding joint request of the parties to proceed with the Rule 16 Scheduling Conference, as originally scheduled, dated November 7, 2023. (eta) |
| Filing 21 EO: In light of the pending #12 Motion to Dismiss for failure to State a Claim and the #13 Motion to Dismiss for failure to State a Claim, the Telephonic Rule 16 Scheduling Conference previously set for 11/13/2023 IS CONTINUED TO 12/15/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 12/08/2023.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 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 20 Defendants Rick Blangiardi, Dana M.O. Viola, and City and County of Honolulu's Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Ogata, Page) Modified on 11/7/2023 (jni) |
| Filing 19 CERTIFICATE OF SERVICE by Rick Blangiardi, City and County of Honolulu, Dana M.O. Viola re: Initial Disclosures (Ogata, Page) |
| Filing 18 Scheduling Conference Statement . (Seitz, Eric) |
Filing 17
STIPULATION TO SUBSTITUTE CITY AND COUNTY OF HONOLULU AS DEFENDANT FOR OFFICIAL CAPACITY CLAIMS AND TO DISMISS OFFICIAL CAPACITY CLAIMS AGAINST INDIVIDUAL DEFENDANTS WITHOUT PREJUDICE, AND ORDER - Signed by JUDGE JILL A. OTAKE on 10/30/2023. (jni)
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| Filing 16 EO: By no later than 10/31/2023, the parties shall inform the Court if they intend to stipulate to Plaintiffs filing an amended complaint, which would moot the pending motions to dismiss, see ECF No. 14, or if Plaintiffs instead intend to proceed with the Complaint, in which case the Court will set deadlines related to those motions. (JUDGE JILL A. OTAKE)(shm) |
| Filing 15 REPORT of Planning Meeting . (Loo, Jonathan) |
| Filing 14 EO: On 10/16/2023, the parties who have appeared in this action submitted a proposed Stipulation to Substitute City and County of Honolulu as Defendant for Official Capacity Claims and to Dismiss Official Capacity Claims against Individual Defendants without Prejudice ("Proposed Stipulation"). In relevant part, the Proposed Stipulation states: WHEREAS, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendants Dana Viola, Rick Blangiardi, and the City, by and through their respective counsel, pursuant to Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), that the City is the proper party for the official capacity claims, and that the official capacity claims against the Individual Defendants be dismissed without prejudice. Plaintiffs' claims against the Individual Defendants in their individual capacities, and Plaintiffs' 42 U.S.C. 1983 claim against the City remain. Under Rule 41(a)(1), "the plaintiff may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii) (emphasis added). The Proposed Stipulation does not appear to amount to the dismissal of all claims against any one defendant. And there is authority that Rule 15(a), not Rule 41(a)(1), governs the dismissal of less than all claims against a defendant. See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687-88 (9th Cir. 2005); Gen. Signal Corp. v. MCI Telecomms. Corp., 66 F.3d 1500, 1513 (9th Cir. 1995). The parties may submit another stipulation that accords with the applicable rules. The Court notes that certain defendants have already filed motions to dismiss in this matter. ECF Nos. 12, 13. If necessary, defendants should refile those motions to respond to the applicable pleading. See, e.g., Brown v. Stored Value Cards, Inc., 953 F.3d 567, 573 n.5 (9th Cir. 2020) ("An amended complaint supersedes the original complaint and renders it without legal effect."). (JUDGE JILL A. OTAKE)(shm) |
| Filing 13 MOTION to Dismiss for failure to State a Claim Plaintiffs' Complaint, filed on September 11, 2023 (Dkt. 1) Page C. Ogata appearing for Defendant City and County of Honolulu (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Counsel, #3 Exhibit "A", #4 Exhibit "B", #5 Exhibit "C", #6 Exhibit "D", #7 Exhibit "E", #8 Exhibit "F", #9 Certificate of Service)(Ogata, Page) |
| Filing 12 MOTION to Dismiss for failure to State a Claim Plaintiffs' Complaint, filed on September 11, 2023 (Dkt. 1) Page C. Ogata appearing for Defendants Dana M.O. Viola, Rick Blangiardi (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Ogata, Page) |
| Filing 11 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) |
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Filing 10
ORDER OF RECUSAL - Signed by JUDGE J. MICHAEL SEABRIGHT on 10/11/2023. JUDGE J. MICHAEL SEABRIGHT recused. Case reassigned to JUDGE JILL A. OTAKE for all further proceedings. Please reflect new Civil case number CV 23-00378 JAO-KJM on all further filings. (jni)
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Filing 9
ORDER OF RECUSAL - Signed by JUDGE SUSAN OKI MOLLWAY on 10/11/2023. JUDGE SUSAN OKI MOLLWAY recused. Case reassigned to JUDGE J. MICHAEL SEABRIGHT for all further proceedings. Please reflect new case number CV 23-00378-JMS-KJM on all further pleadings. (cib)
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| Filing 8 AMENDED DOCUMENT by Rick Blangiardi, City and County of Honolulu, Dana M.O. Viola. Amendment to #7 Notice of Appearance, . (Attachments: #1 Certificate of Service)(Ogata, Page) |
| Filing 7 NOTICE of Appearance by Page C. Ogata on behalf of Rick Blangiardi, Dana M.O. Viola, City and County of Honolulu on behalf of Rick Blangiardi, Dana M.O. Viola, City and County of Honolulu. (Attachments: #1 Certificate of Service)(Ogata, Page) |
| Filing 6 Summons Issued as to All Defendants. (jni) |
| Filing 5 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 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 11/13/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 9/12/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00378 SOM-KJM on all further pleadings. (jni) |
| Filing 2 Summons (Proposed) (Seitz, Eric) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES against All Defendants ( Filing fee $ 402 receipt number AHIDC-2892482.), filed by Ualani Gouveia. (Attachments: #1 Demand for Jury Trial, #2 Civil Cover Sheet)(Seitz, Eric) |
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