Chabad Jewish Center of the Big Island et al v. County of Hawaii et al
| Chabad Jewish Center of the Big Island and Rabbi Levi Gerlitzky |
| County of Hawai'i and Zendo Kern |
| United States |
| 1:2024cv00068 |
| February 13, 2024 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 45 EO: Pursuant to ECF No. 42, and by agreement of the parties, an Early Settlement Conference is set for 4/30/2024 at 01:00 PM before MAGISTRATE JUDGE WES REBER PORTER via Video Teleconference (VTC). The Court will provide details regarding VTC access prior to the conference date. Confidential Settlement Conference Statements are due April 23, 2024. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 44 Joint MOTION to Enter Agreed Order Granting Temporary Relief Pending Settlement or a Preliminary Injunction (Non-Hearing) Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Proposed Agreed Order, #2 Certificate of Service)(Christensen, Robert) |
| Filing 43 NOTICE of Appearance by Michelle Sunjin Ahn on behalf of County of Hawai'i, Zendo Kern on behalf of County of Hawai'i, Zendo Kern. (Ahn, Michelle) |
| Filing 42 EO: On February 13, 2024, the Court received Plaintiffs' Motion for a Preliminary Injunction, Dkt. No. #14 , which has now been fully briefed. Based on the representations in the parties' briefs, it appears to the Court that the issues raised in the Motion may be resolved with the further assistance of the Magistrate Judge. Accordingly, the parties are directed to jointly contact Magistrate Judge Porter to promptly schedule a settlement conference. The hearing set for April 12, 2024 at 2:00 pm, see Dkt. No. 32 , is VACATED, and the Court will hold the Motion in abeyance pending the outcome of the parties' discussions with the Magistrate Judge. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk) |
| Filing 41 NOTICE of Appearance by Lerisa L. Heroldt on behalf of County of Hawai'i, Zendo Kern on behalf of County of Hawai'i, Zendo Kern. (Attachments: #1 Certificate of Service)(Heroldt, Lerisa) |
| Filing 40 NOTICE of Appearance by Noah D. Sacks on behalf of United States on behalf of United States. (Sacks, Noah) |
| Filing 39 CERTIFICATE OF SERVICE by Chabad Jewish Center of the Big Island, Levi Gerlitzky re #36 Reply, (Christensen, Robert) |
| Filing 38 NOTICE of Appearance by Adam M. Wesolowski on behalf of United States on behalf of United States. (Wesolowski, Adam) |
| Filing 37 STATEMENT re #14 MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 Statement of Interest of United States in Support of Plaintiffs' Motion for PI filed by United States. (Wesolowski, Adam) |
| Filing 36 REPLY re #14 MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 filed by Chabad Jewish Center of the Big Island, Levi Gerlitzky. (Attachments: #1 Rabbi Levi Gerlitzky Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Christensen, Robert) |
| Filing 35 MEMORANDUM in Opposition to #14 Plaintiffs' Motion for a Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65, filed February 13, 2024, ECF 14 filed by County of Hawai'i, Zendo Kern. (Attachments: #1 Declaration of Elizabeth Gillis, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Supplement Certificate of Compliance, #11 Certificate of Service)(Bailey, Elizabeth) Modified on 3/25/2024 (eta). |
| Filing 34 EO: In light of the pending #14 Motion for Preliminary Injunction, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 4/9/2024 to 6/18/2024 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) |
| Filing 33 Defendant County of Hawaii and Hawaii County Planning Director Zendo Kern's ANSWER to #1 Complaint,, for Declaratory, Injunctive, and Monetary Relief, filed February 13, 2024, ECF 1 by County of Hawai'i, Zendo Kern. (Attachments: #1 Certificate of Service)(Bailey, Elizabeth) |
| Filing 32 EO: By agreement of counsel, #14 Plaintiffs' Motion for a Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 set for hearing on 4/5/2024 is continued to 4/12/2024 at 2:00 p.m. in Aha Kupono before Chief Judge Derrick K.Watson. [Dkt. No. 31] The briefing schedule for this motion is governed by the Local Rules, based on the new hearing date of 4/12/2024. (CHIEF JUDGE DERRICK K. WATSON)(tyk) |
| Filing 31 Letter from Michelle S. Ahn, Deputy Corporation Counsel, dated March 6, 2024, regarding request to continue hearing on Plaintiff's Motion for a Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65, currently set for April 5, 2024. (eta) |
| Filing 30 CERTIFICATE OF SERVICE by Chabad Jewish Center of the Big Island, Levi Gerlitzky re #14 MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 (Christensen, Robert) |
| Filing 29 SUMMONS Returned Executed by Chabad Jewish Center of the Big Island, Levi Gerlitzky. County of Hawai'i served on 2/26/2024; Zendo Kern served on 2/26/2024. (Attachments: #1 Executed Summons - Kern)(Kiernan, Elizabeth) |
| Filing 28 NOTICE of Hearing on #14 Plaintiffs' Motion for a Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 is set for 4/5/2024 at 02:30 PM in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (tyk) |
Filing 27
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO RYAN N. GARDNER, ESQ. re #13 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 26
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JEREMIAH G. DYS, ESQ. re #12 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 25
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DAVID J. HACKER, ESQ. re #11 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 24
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ZACH CARSTENS, ESQ. re #10 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 23
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NICHOLAS B. VENABLE, ESQ. re #9 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LAEL D. WEINBERGER, ESQ. re #8 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 21
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO BRIAN SANDERS, ESQ. re #4 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 20
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ELIZABETH A. KIERNAN, ESQ. re #3 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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Filing 19
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO PRERAK SHAH, ESQ. re #2 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2024. (eta)
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| Filing 18 Summons Issued as to Zendo Kern, Hawaii County Planning Director (eta) |
| Filing 17 Summons Issued as to County of Hawai'i. (eta) |
| Filing 16 Corporate Disclosure Statement by Chabad Jewish Center of the Big Island, Levi Gerlitzky. (Christensen, Robert) |
| Filing 15 Summons (Proposed) (Attachments: #1 Proposed Summons to Zendo Kern)(Christensen, Robert) |
| Filing 14 MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Memorandum in Support, #2 Declaration of Rabbi Levi Gerlitzky, #3 Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P)(Christensen, Robert) Modified on 2/14/2024 (eta). |
| Filing 13 MOTION for Pro Hac Vice of Ryan N. Gardner Filing fee $ 300, receipt number AHIDC-2960483.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 12 MOTION for Pro Hac Vice of Jeremiah G. Dys Filing fee $ 300, receipt number AHIDC-2960477.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 11 MOTION for Pro Hac Vice of David J. Hacker Filing fee $ 300, receipt number AHIDC-2960470.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 10 MOTION for Pro Hac Vice of Zach Carstens Filing fee $ 300, receipt number AHIDC-2960463.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 9 MOTION for Pro Hac Vice of Nicholas B. Venable Filing fee $ 300, receipt number AHIDC-2960453.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 8 MOTION for Pro Hac Vice of Lael D. Weinberger Filing fee $ 300, receipt number AHIDC-2960451.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| 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) |
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Filing 6
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/9/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/13/2024. 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 5 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00068 DKW-WRP on all further pleadings. (jni) |
| Filing 4 MOTION for Pro Hac Vice of Brian Sanders Filing fee $ 300, receipt number AHIDC-2960404.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Rabbi Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 3 MOTION for Pro Hac Vice of Elizabeth A. Kiernan Filing fee $ 300, receipt number AHIDC-2960399.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Rabbi Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 2 MOTION for Pro Hac Vice of Prerak Shah Filing fee $ 300, receipt number AHIDC-2960393.Robert J. Christensen appearing for Plaintiffs Chabad Jewish Center of the Big Island, Rabbi Levi Gerlitzky (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Christensen, Robert) |
| Filing 1 COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND MONETARY RELIEF against County of Hawaii, Hawaii County Planning Director, Zendo Kern All Plaintiffs ( Filing fee $ 405 receipt number AHIDC-2960356.), filed by Chabad Jewish Center of the Big Island, Rabbi Levi Gerlitzky. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Christensen, Robert) Modified on 2/13/2024 (jni) |
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