Gutierrez v. Fujimoto et al
| Fred Gutierrez |
| Shawn Fujimoto, Maila Nguyen, Allen Ishida and City of Honolulu |
| 1:2023cv00505 |
| December 1, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCEnot held.The Court verifies and Plaintiff confirms the following mailing and contact information: Fred Gutierrez Address changed, Mr. Gutierrez to submit a Notice of Change of Address ph: 775-416-9242 email: SoaringEagleApache@proton.me Telephonic Status Conference is set for March 4, 2024 at 9:30 a.m before Magistrate Judge Kenneth J. Mansfield.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 (Zoom TeleConference 9:33 - 9:37) (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 Fred Gutierrez at the verified email of SoaringEagleApache@proton.me on 01/29/2024. |
| Filing 18 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of a Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of the Service of Summons)(eta) |
| Filing 17 Summons Issued as to Honolulu Police Department (eta) |
| Filing 16 Summons Issued as to Allen Ishida. (eta) |
| Filing 15 Summons Issued as to Maila Nguyen. (eta) |
| Filing 14 Summons Issued as to Shawn Fujimoto. (eta) |
| COURT'S CERTIFICATE of Service - a copy of the issued summonses (ECF Nos. #14 , #15 , #16 , & #17 ) and #18 Civil Waiver of Service Packet have been served by First Class Mail to Fred Gutierrez at the address of record on January 18, 2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 13 Filing fee: $ 405, receipt number 2358 re #1 Complaint (eta) |
Filing 12
EO: On December 1, 2023, the court issued a #3 Deficiency Order for Plaintiff Fred Gutierrez ("Plaintiff") filing a Complaint that was not accompanied by either a filing fee or an application to proceed in forma pauperis. The Deficiency Order granted Plaintiff twenty eight days, until December 29, 2023, to either pay the filing fee or submit a completed and executed application to proceed in forma pauperis. ECF No. #3 at 2. On December 31, 2023, Plaintiff filed a #9 Motion for Enlargement of Time per FRCP 6(b)(1)(B) ("Motion for Enlargement of Time"), requesting an extension of time until January 2, 2024 to file an objection to the Deficiency Order and a Motion to Reconsider. Before receiving a ruling on the Motion for Enlargement of Time, Plaintiff filed his #10 Objection to Deficiency Order and Motion to Reconsider ("Motion to Reconsider") on December 31, 2023. On January 3, 2024, the court directed Plaintiff to submit the filing fee by January 16, 2024, or to file by the same date a completed in forma pauperis application, should Plaintiff wish the Court to consider waiver of the filing fee. ECF No. 11 . The court, therefore, denied the Motion to Reconsider as moot. Id. In light of Plaintiff's filing of the #10 Motion to Reconsider and the court's 11 ruling on the Motion to Reconsider, the Court DENIES the #9 Motion for Enlargement of Time as MOOT. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 01/04/2024. (kjm3)COURT'S CERTIFICATE OF SERVICE - Plaintiff Fred Gutierrez ("Plaintiff") was served by email to the email address of record - SoaringEagleApache@proton.me - on 01/04/2024. Plaintiff will be served by First Class Mail to the address of record listed on the (NEF) on 01/05/2024.
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| Filing 11 EO: On December 31, 2023, Plaintiff Gutierrez filed, Plaintiffs Objection to Deficiency Order and Motion to Reconsider. Dkt. No. 10 (Motion). In the Motion, Plaintiff acknowledges that his filing fee payment of $402 is $3 short of the current fee, which took effect on December 1, 2023. Plaintiff complains, however, that the pay.gov online system will not accept an additional $3 payment that would remedy the deficit, that the Clerk of Court has not refunded his previous $402 payment, and that it would be fundamentally unfair to require him to pay an additional $405 ($807 in total) while he awaits the promised refund of his original payment. On January 2, 2024, however, the Clerk of Court completed the referenced $402 refund. Accordingly, the Court directs Plaintiff to submit payment of the $405 filing fee by January 16, 2024 or to file by the same date a completed in forma pauperis application, should Plaintiff wish the Court to consider waiver of the filing fee. Failure to do either by this deadline will result in the dismissal of this action without further notice. The Motion is DENIED as moot. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(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 10 Plaintiff's Objection to #3 Deficiency Order and MOTION to Reconsider; (Certificate of Service attached) - by Plaintiff Fred Gutierrez (Attachments: #1 Exhibit 1, #2 Exhibit 2)(eta) |
| Filing 9 Plaintiff's MOTION for Enlargement of Time per FRCP 6(b)(1)(B); (Certificate of Service attached) - by Plaintiff Fred Gutierrez (eta) |
| Filing 8 (Proposed) Summons as to City of Honolulu - by Fred Gutierrez. (jni) |
| Filing 7 (Proposed) Summons as to Allen Ishida - by Fred Gutierrez. (jni) |
| Filing 6 (Proposed) Summons as to Maila Nguyen - by Fred Gutierrez. (jni) |
| Filing 5 (Proposed) Summons as to Shawn Fujimoto - by Fred Gutierrez. (jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 1/29/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/1/2023. COURT'S CERTIFICATE OF SERVICE - Fred Gutierrez was served by email to the email address of record. 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)
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Filing 3
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/1/2023. COURT'S CERTIFICATE OF SERVICE - Fred Gutierrez was served by email to the email address of record. 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)
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| Filing 2 CIVIL Cover Sheet - by Fred Gutierrez. (jni) Modified on 12/4/2023 (jni) |
| Filing 1 Plaintiff's Original COMPLAINT for Deprivation of Rights against Shawn Fujimoto, Maila Nguyen, Allen Ishida, City of Honolulu - filed by Fred Gutierrez.(jni) Modified on 12/4/2023 (jni) |
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