Sparrow et al v. Toscano et al
| Kymberly Sparrow and Joan Sparrow |
| Leahne Toscano, Penny Cho, Shawn Lathrop, Wendy Robinson, Carol Kitaoka, Charles McCreary, State of Hawaii Child Welfare Services, State of Hawaii, County of Hawaii, Department of Human Services and Does 1 through 50 |
| 1:2023cv00578 |
| December 7, 2023 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| WES REBER PORTER |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
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| COURT'S CERTIFICATE of Service - a copy of #11 Order has been served by First Class Mail to the addresses of record on Joan Sparrow and Kymberly Sparrow. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
Filing 11
ORDER DISMISSING IN PART AND STAYING IN PART ACTION.(1) Plaintiffs' claims seeking declaratory or injunctive relief are DISMISSED without prejudice.(2) Plaintiffs' claims seeking damages are STAYED. Plaintiffs SHALL report to the Court within thirty 30 days after the conclusion of the ongoing state court proceedings, which includes the conclusion of review on appeal. At that time, Plaintiffs SHALL NOTIFY the Court of the outcome of the state proceedings, along with any corresponding case numbers, and declare whether they intend to proceed with this action. If there is no longer a need to abstain, or otherwise dismiss Plaintiffs' remaining claims, the Court will reopen this action.(3) The Clerk of Court is DIRECTED to note that this suit is STAYED and to administratively close this action. Signed by JUDGE SUSAN OKI MOLLWAY on 1/19/2024. (cib)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)
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| Filing 10 EO: The Court VACATES the Telephonic Rule 16 Scheduling Conference set for 5/6/2024. The Court will reschedule this conference if appropriate. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Kymberly Sparrow and Joan Sparrow will be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on January 1/12/2024. |
| Filing 9 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) |
| Filing 8 Filing fee received: $ 405.00, Pay.gov Tracking ID: 27ASN8HA re #1 Complaint. (jni) |
| Filing 7 EO: In order to allow time for service of the Complaint, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 2/5/2024 to 5/6/2024 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Kymberly Sparrow and Joan Sparrow will be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on January 1/9/2024. |
| Filing 6 Email message from Plaintiff Joan Sparrow, dated January 8, 2024, re: Kymberly Sparrow's mailing address. COURT'S CERTIFICATE OF SERVICE - Documents #1 - #4 shall be re-sent to Kymberly Sparrow by First Class Mail to the address of record, Kymberly Sparrow, 115879H, Edna Mahan Correctional Facility for Women, P.O. Box 4004, 30 County Rd, Route 513, Clinton, NJ 08809 on 1/8/2024 in response to Joan Sparrow's letter. Joan Sparrow was served by email: ladybirdsparrow2@yahoo.com on 1/8/2024. (jni) |
| Filing 5 Mail sent to Joan Sparrow, 92-8574 Menehune Dr., Ocean View, HI 96737, were returned by USPS Return to Sender, No Mail Receptacle, Unable to Forward; re #1 Complaint, #2 Civil Cover Sheet, #3 Deficiency Order, and #4 Order Setting Rule 16 Scheduling Conference. Documents #1 through #4 emailed to ladybirdsparrow2@yahoo.com, with a request to confirm physical address. (jni) (Additional attachment(s) added on 12/19/2023: #1 Change of Address via email). Documents #1 through #4 mailed to new address on 12/19/2023. (jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/5/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/7/2023. COURT'S CERTIFICATE OF SERVICE - Kymberly Sparrow was served by email to the email address of record listed on the (NEF). Joan Sparrow shall be served by First Class Mail to the address of record on 12/8/2023. (jni)
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Filing 3
DEFICIENCY ORDER re #1 Complaint - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/7/2023. COURT'S CERTIFICATE OF SERVICE - Kymberly Sparrow was served filed copies of #1 Complaint, #2 Civil Cover Sheet, the foregoing Deficiency Order, and a blank Application for IFP, by email to the email address of record listed on the (NEF). Joan Sparrow shall be served copies of #1 , #2 , the Deficiency Order, and a blank Application for IFP by First Class Mail to the address of record on 12/8/2023. (jni)
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| Filing 2 CIVIL Cover Sheet by Kymberly Sparrow. (jni) |
| Filing 1 COMPLAINT for Damages and Declaratory Relief; Jury Trial Demanded against Leahne Toscano, Penny Cho, Shawn Lathrop, Wendy Robinson, Carol Kitaoka, Charles McCreary, State of Hawaii Child Welfare Services, State of Hawaii, County of Hawaii, Department of Human Services - filed by Kymberly Sparrow.(jni) |
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