Child Evangelism Fellowship of Hawaii, Inc. v. Hawaii State Department of Education, et al.
Plaintiff: Child Evangelism Fellowship of Hawaii, Inc.
Defendant: Hawai'i State Department of Education, Keith Hayashi, Rochelle Mahoe, Linell Dilwith, Janette Snelling and Richard Fajardo
Case Number: 1:2024cv00034
Filed: January 23, 2024
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: MICAH WJ SMITH
2 Judge: DERRICK K WATSON
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2024 Filing 30 EO: In light of the pending #4 Motion for Preliminary Injunction, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 3/25/2024 to 6/10/2024 at 9:00 a.m. 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)
March 18, 2024 Filing 29 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Moser, Kendall)
March 12, 2024 Opinion or Order Filing 28 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Mathew D. Staver, Esq. re #24 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/11/2024.Attorney Mathew D. Staver added Pro Hac Vice for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (jni)
March 12, 2024 Opinion or Order Filing 27 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Hugh C. Phillips, Esq. re #23 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/11/2024.Attorney Hugh C. Phillips added Pro Hac Vice for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (jni)
March 12, 2024 Opinion or Order Filing 26 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Horatio G. Mihet, Esq. re #22 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/11/2024.Attorney Horatio G. Mihet added Pro Hac Vice for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (jni)
March 11, 2024 Filing 25 Scheduling Conference Statement . (Schmid, Daniel)
March 11, 2024 Filing 24 MOTION for Pro Hac Vice Admission of Attorney Mathew D. Staver Filing fee $ 300, receipt number AHIDC-2972234.Daniel J. Schmid appearing for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (Schmid, Daniel)
March 11, 2024 Filing 23 MOTION for Pro Hac Vice Admission of Attorney Hugh C. Phillips Filing fee $ 300, receipt number AHIDC-2972233.Daniel J. Schmid appearing for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (Schmid, Daniel)
March 11, 2024 Filing 22 MOTION for Pro Hac Vice Admission of Attorney Horatio G. Mihet Filing fee $ 300, receipt number AHIDC-2972231.Daniel J. Schmid appearing for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (Schmid, Daniel)
March 6, 2024 Filing 21 EO: The Court sets the following briefing schedule for Plaintiff Child Evangelism Fellowship of Hawaii, Inc.'s #4 Motion for Preliminary Injunction, filed January 23, 2024: An opposition shall be due March 27, 2024. Any reply shall be due April 10, 2024. By April 15, 2024, the parties should file a joint statement indicating whether they believe an evidentiary hearing is necessary and, if so, what evidence they intend to present. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls)
March 6, 2024 Filing 20 ANSWER to #1 Complaint,,,,,, Defendants Hawaii State Department of Education, Keith Hayashi, Rochelle Mahoe, Linell Dilwith, Janette Snelling and Richard Fajardo's Answer to Verified Complaint for Preliminary and Permanent Injunctive Relief, Declaratory Relief and Damages by Linell Dilwith, Richard Fajardo, Hawai'i State Department of Education, Keith Hayashi, Rochelle Mahoe, Janette Snelling. (Attachments: #1 Certificate of Service)(Moser, Kendall)
March 6, 2024 Filing 19 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Janette Snelling served on 3/5/2024. (Gomes, Joe)
February 15, 2024 Filing 18 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Rochelle Mahoe served on 2/14/2024. (Gomes, Joe)
February 15, 2024 Filing 17 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Keith Hayashi served on 2/14/2024. (Gomes, Joe)
February 15, 2024 Filing 16 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Richard Fajardo served on 2/14/2024. (Gomes, Joe)
February 15, 2024 Filing 15 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Linell Dilwith served on 2/14/2024. (Gomes, Joe)
February 12, 2024 Filing 14 EO: On January 23, 2024, Plaintiff filed a Motion for Preliminary Injunction. Dkt. No. #4 . At this juncture, however, it does not appear that all Defendants have been properly served or have waived service. Accordingly, Plaintiff shall file proof of service of the Summons and Complaint on all Defendants or file waivers of the same by Defendants. The Court will thereafter set a briefing schedule for the Motion for Preliminary Injunction. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls)
January 31, 2024 Filing 13 NOTICE of Case Reassignment; Case reassigned to JUDGE MICAH W.J. SMITH for all further proceedings. CHIEF JUDGE DERRICK K. WATSON no longer assigned to case Please reflect Civil case number CV 24-00034-MWJS-WRP on all further pleadings. (apg)
January 29, 2024 Filing 12 SUMMONS Returned Executed by Child Evangelism Fellowship of Hawaii, Inc.. Hawai'i State Department of Education served on 1/29/2024. (Gomes, Joe)
January 25, 2024 Opinion or Order Filing 11 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DANIEL J. SCHMID, ESQ. re #3 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/25/2024. (eta)
January 24, 2024 Filing 10 Corporate Disclosure Statement by Child Evangelism Fellowship of Hawaii, Inc.. (Gomes, Joe)
January 24, 2024 Filing 9 Notice to Parties RE: Corporate Disclosure Statements Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni)
January 24, 2024 Filing 8 Summons Issued as to Hawai'i State Department of Education, Keith Hayashi, Rochelle Mahoe, Linell Dilwith, Janette Snelling, Richard Fajardo. (jni)
January 24, 2024 Filing 7 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)
January 24, 2024 Opinion or Order Filing 6 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/25/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/24/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
January 24, 2024 Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00034 DKW-WRP on all further pleadings. (jni)
January 24, 2024 ADVISORY ENTRY-Exhibits not Labeled - Please be advised that exhibits attached to Document #1 Complaint, are not labeled. The filing party may refer to LR10.2(d), which states "All exhibits attached to papers shall show the exhibit number or letter at the bottom of the first page of the exhibit." No further action is necessary. (jni)
January 23, 2024 Filing 4 MOTION for Preliminary Injunction Joe Gomes appearing for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (Gomes, Joe)
January 23, 2024 Filing 3 MOTION for Pro Hac Vice Filing fee $ 300, receipt number AHIDC-2949617.Joe Gomes appearing for Plaintiff Child Evangelism Fellowship of Hawaii, Inc. (Gomes, Joe)
January 23, 2024 Filing 2 Summons (Proposed) (Gomes, Joe)
January 23, 2024 Filing 1 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES against All Defendants ( Filing fee $ 405 receipt number AHIDC-2949614.), filed by Child Evangelism Fellowship of Hawaii, Inc.. (Attachments: #1 Exhibit Ex 1 (Policy 301-3), #2 Exhibit Ex 2 ( Application to Use District Facilities), #3 Exhibit Ex 3 (Sept 12 2014 Demand Letter), #4 Exhibit Ex 4 (August 21 2015 Demand Letter), #5 Exhibit Ex 5 (April 7 2017 Demand Letter), #6 Exhibit Ex 6 (January 31 2020 Demand Letter), #7 Exhibit Ex 7 (December 2022 Application), #8 Exhibit Ex 8 (Principal Uemae Letter Denial), #9 Exhibit Ex 9 (Nu'uanu Elementary After-School Schedule), #10 Exhibit Ex 10 (February 27 2023 Letter), #11 Exhibit Ex 11 (May 2 2022 Application), #12 Exhibit Ex 12 (May 2 2022 Email Denial), #13 Exhibit Ex 13 (August 25 2022 Application), #14 Exhibit Ex 14 (December 12 2022 Application), #15 Exhibit Ex 15 (February 27 2023 Letter), #16 Exhibit Ex 16 (August 2 2022 Application), #17 Exhibit Ex 17 (September 23 2022 Denial), #18 Exhibit Ex 18 (Girl Scouts Meeting Flyer), #19 Exhibit Ex 19 (December 12 2022 Application (Waimea)), #20 Exhibit Ex 20 (December 12 2022 Application (Kalihi)), #21 Exhibit Ex 21 (February 16 2023 Denial), #22 Exhibit Ex 22 (Kalihi Elementary Cub Scouts Flyer), #23 Exhibit Ex 23 (February 27 2023 Letter), #24 Exhibit Ex 24 (October 3 2023 Application), #25 Exhibit Ex 25 (November 16 2023 Denial), #26 Exhibit Ex 26 (December 12 2023 Application), #27 Civil Cover Sheet Civil Cover Sheet)(Gomes, Joe) Modified on 1/24/2024 (jni)

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Plaintiff: Child Evangelism Fellowship of Hawaii, Inc.
Represented By: Joe Gomes
Represented By: Daniel J. Schmid
Represented By: Horatio G. Mihet
Represented By: Hugh C. Phillips
Represented By: Mathew D. Staver
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Defendant: Hawai'i State Department of Education
Represented By: Kendall J. Moser
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Defendant: Keith Hayashi
Represented By: Kendall J. Moser
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Defendant: Rochelle Mahoe
Represented By: Kendall J. Moser
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Defendant: Linell Dilwith
Represented By: Kendall J. Moser
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Defendant: Janette Snelling
Represented By: Kendall J. Moser
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Defendant: Richard Fajardo
Represented By: Kendall J. Moser
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