Firsov v. City and County of Honolulu
| Evgeny Firsov |
| City and County of Honolulu, Rick Blangiardi, Department of Customer Services, City and County of Honolulu and Kimberly Hashiro |
| 1:2023cv00429 |
| October 23, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
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Filing 30
ORDER DENYING MOTION TO ADD A CO-DEFENDANT(S) re #27 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/14/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Evgeny Firsov shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 15, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 29 RESPONSE to Motion re #27 MOTION to Add a Co-Defendant(s) Defendants' Response to Plaintiff's Motion to Add A Co-Defendant(s) filed by Rick Blangiardi, City and County of Honolulu, Department of Customer Services, City and County of Honolulu, Kimberly Hashiro. (Attachments: #1 Certificate of Service)(Gluck, Daniel) |
| Filing 28 EO: Pursuant to Rule 7.1(c) of the Local Rules of Practice for the United States District Court for the District of Hawaii, the Court will decide Plaintiff's #27 Motion to Add a Co-Defendant(s) without a hearing. (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 email of this Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiff Evgeny Firsov at the email address of efirsov@protonmail.com on 11/30/2023. |
| Filing 27 MOTION to Add a Co-Defendant(s) by Plaintiff Evgeny Firsov. (apg) |
| Filing 26 Brief RESPONSE on Defendant's Reply Memorandum; (Certificate of Service attached) re #4 , #21 - filed by Evgeny Firsov. (eta) |
| Filing 25 EO: By 24 joint agreement of the parties, in light of the pending #4 MOTION to Dismiss Complaint, the Telephonic Rule 16 Scheduling Conference previously set for 12/15/2023 IS CONTINUED TO 02/09/2024 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 02/02/2024.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)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 email of this Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiff Evgeny Firsov at the email address of efirsov@protonmail.com on 11/21/2023. |
| Filing 23 CERTIFICATE OF SERVICE re #18 - by Evgeny Firsov (eta) |
| Filing 22 BRIEF RESPONSE Regarding the Application of 28 U.S.C. Code 1441 (c)(2); (Certificate of Service attached) re #7 - filed by Evgeny Firsov. (eta) |
| Filing 21 REPLY MEMORANDUM in Support of #4 MOTION to Dismiss Complaint (relating to Dkts. #1 -2, #4 , #11 , #12 ) filed by Rick Blangiardi, City and County of Honolulu, Department of Customer Services, City and County of Honolulu, Kimberly Hashiro. (Attachments: #1 Certificate of Service)(Gluck, Daniel) Modified on 11/20/2023 (eta). |
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Filing 20
ORDER DENYING MOTION TO ALLOW PLAINTIFF TO PROCEED UNDER A PSEUDONYM re #8 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/16/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Evgeny Firsov shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 17, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 19 EO: COURT ORDER TAKING PLAINTIFF'S "MOTION ON THE APPLICATION OF THE PROVISIONS OF FED. R. CIV. P. 11(C)" UNDER ADVISEMENT On November 13, 2023, pro se Plaintiff Evgeny Firsov ("Plaintiff") filed his "Motion on the application of the provisions of Fed. R. Civ. P. 11(c)" ("Motion"). [Dkt. no. 18.] The Motion is suitable for disposition without a hearing, pursuant to Local Rule 7.1(c), and the Court finds that further briefing is not necessary. The Motion is taken under advisement and will be decided alongside the defendants Motion to Dismiss Complaint, [filed 10/30/23 (dkt. no. 4.)]. (JUDGE LESLIE E. KOBAYASHI)(afe)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 18 Motion on the Application of the Provisions of Fed.R.Civ.P. 11(c) re #4 - filed by Evgeny Firsov. (Attachments: #1 Annex 1, #2 Certificate of Service, #3 copy of envelope)(eta) Modified on 11/15/2023 (afe). |
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Filing 17
ORDER DENYING MOTION TO PROVIDE AN INTERPRETER re #6 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/8/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Evgeny Firsov shall be served by First Class Mail to the address of record listed on the notice of Electronic Filing (NEF) on November 9, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 16 MEMORANDUM in Opposition re #7 MOTION on the Application of the Provisions of Article 28 U.S.C. Code 1441 (c)(2) filed by Rick Blangiardi, City and County of Honolulu, Department of Customer Services, City and County of Honolulu, Kimberly Hashiro. (Attachments: #1 Certificate of Service)(Gluck, Daniel) |
| Filing 15 STATEMENT of No Position re #8 MOTION to Allow Plaintiff to Proceed Under a Pseudonym filed by Rick Blangiardi, City and County of Honolulu, Department of Customer Services, City and County of Honolulu, Kimberly Hashiro. (Attachments: #1 Certificate of Service)(Gluck, Daniel) |
| Filing 14 EO: COURT ORDER DIRECTING DEFENDANT TO FILE A RESPONSE TO PLAINTIFF'S MOTION ON THE APPLICATION OF THE PROVISIONS OF ARTICLE 28 U.S. CODE 1441 (c)(2) (DKT. NO. 7.) On October 23, 2023, Defendants City and County of Honolulu; Rick Blangiardi, Mayor of City and County of Honolulu; Department of Customer Services, City and County of Honolulu ("DCS"); and Kimberly Hashiro, Director of DCS ("Defendants") filed their Notice of Removal, removing this case from the State of Hawai'i First Circuit Court ("state court"), based on federal question jurisdiction. [Dkt. no. 1 at 2-3.] On November 2, 2023, pro se Plaintiff Evgeny Firsov ("Plaintiff") filed his "Motion on the Application of the Provisions of Article 28 U.S. Code 1441(c)(2)" ("Motion"). [Dkt. no. 7.] Because Plaintiff is proceeding pro se, his filings must be liberally construed. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The Court liberally construes the Motion as a motion for partial remand. Defendants are DIRECTED to file a response by November 16, 2023. Plaintiff may file an optional reply by November 30, 2023. This Court will take the Motion under advisement thereafter. (JUDGE LESLIE E. KOBAYASHI)(afe)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 13 CERTIFICATE OF SERVICE re #11 , #12 - by Evgeny Firsov (eta) |
| Filing 12 MEMORANDUM in Support of #11 Motion to Deny the #4 Defendants' MOTION to Dismiss - filed by Evgeny Firsov. (eta) |
| Filing 11 MOTION to Deny the Defendants' #4 MOTION to Dismiss - filed by Evgeny Firsov. (eta) |
| Filing 10 EO: In light of the pending #4 MOTION to Dismiss Complaint, the Telephonic Rule 16 Scheduling Conference previously set for 11/27/2023 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)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 9 CERTIFICATE OF SERVICE re #6 , #7 , #8 - by Evgeny Firsov (eta) |
| Filing 8 MOTION to Allow Plaintiff to Proceed Under a Pseudonym - by Plaintiff Evgeny Firsov (eta) |
| Filing 7 MOTION on the Application of the Provisions of Article 28 U.S.C. Code 1441 (c)(2) - by Plaintiff Evgeny Firsov (eta) |
| Filing 6 MOTION to Provide Interpreter - by Plaintiff Evgeny Firsov (eta) |
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Filing 5
EO: ORDER SETTING NON-HEARING BRIEFING SCHEDULE.Defendants MOTION #4 to Dismiss, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 11/16/2023.Optional Reply Memorandum is due: 11/30/2023.Defendants MOTION #4 to Dismiss; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI)(afe)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 4 MOTION to Dismiss Complaint (relating to Dkt. #1 -2) Daniel M. Gluck appearing for Defendants Kimberly Hashiro, Rick Blangiardi, Department of Customer Services, City and County of Honolulu, City and County of Honolulu (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Counsel, #3 Exhibit 1, #4 Certificate of Service)(Gluck, Daniel) Modified on 11/1/2023 (eta). |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 11/27/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/23/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta)COURT'S CERTIFICATE OF SERVICE - A copy of the Order shall be served by First Class Mail to Evgeny Firsov at the address of record listed on the Notice of Electronic Filing (NEF) on October 24, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00429 LEK-KJM on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Evgeny Firsov shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 24, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 1 NOTICE OF REMOVAL by City and County of Honolulu from First Circuit Court, State of Hawaii, case number 1CCV-23-0001232. ( Filing fee $ 402 receipt number AHIDC-2910696), filed by City and County of Honolulu. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1 (Part 1 of 3), #3 Exhibit 1 (Part 2 of 3), #4 Exhibit 1 (Part 3 of 3), #5 Certificate of Service)(Gluck, Daniel) |
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