Bennett v. Boy Scouts of America Aloha Council 104 et al
| Nathan D. Bennett |
| Boy Scouts of America Aloha Council 104 and Boy Scouts of America, Scouting America |
| 1:2024cv00213 |
| May 8, 2024 |
| U.S. District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
Docket Report
This docket was last retrieved on August 23, 2024. A more recent docket listing may be available from PACER.
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Filing 14
EO: In light of the #13 Order issued by District Judge Leslie E. Kobayashi allowing Plaintiff to file an amended complaint by July 12, 2024, the Rule 16 Scheduling Conference previously set for 07/08/2024 IS CONTINUED TO 09/04/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by August 28, 2024. Parties are directed to review Rule 10.3 of the Local Rules of Practice for the United States District Court for the District of Hawaii regarding requirements for Mandatory Chambers Copies. Parties are to participate via telephone through the Courts Zoom Teleconference. Call-in information for this hearing 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: 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)
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| Filing 13 EO: COURT ORDER DENYING DEFENDANT'S MOTION TO DISMISS COMPLAINT FILED MAY 8, 2024 AS MOOT On May 24, 2024, the Findings and Recommendations to: (1) Dismiss the Complaint with Leave to Amend; (2) Deny Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs; and (3) Deny Plaintiff's Request for Appointment of Counsel Under the Civil Rights Act of 1964; 42 U.S.C. 2000e-5(f)(1)(B) ("F&R") was entered. [Dkt. no. 8.] The F&R included a recommendation to dismiss the complaint with leave to amend. [Id. at 7.] On June 4, 2024, Defendants Boy Scouts of America, Aloha Council and Boy Scouts of America (collectively "Defendants") filed their Motion to Dismiss Complaint Filed May 8, 2024 ("Motion"). [Dkt. no. 10.] On June 10, 2024, pro se Plaintiff Nathan D. Bennett ("Plaintiff") filed the opposition to the Motion. [Dkt. no. 11.] On June 12, 2024, the Court adopted the F&R dismissing the complaint with leave to amend. [Dkt. no. 12.] Plaintiff's amended complaint must be filed by July 12, 2024. See F&R at 7.In light of the adoption of the F&R, the Motion is DENIED as moot.IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI)(shm)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 12
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re #8 - Signed by JUDGE LESLIE E. KOBAYASHI on 6/12/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Nathan D. Bennett has been served electronically to the email address listed on the Notice of Electronic Filing (NEF) on June 12, 2024. 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). 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 11 RESPONDS to Defendant's Motion to Dismiss Complaint Filed may 8, 2024 filed by Nathan D. Bennett. (apg) |
| Filing 10 MOTION to Dismiss for failure to State a Claim DEFENDANTS' MOTION TO DISMISS COMPLAINT FILED MAY 8, 2024 Jeffrey S. Harris appearing for Defendants Boy Scouts of America, Scouting America, Boy Scouts of America Aloha Council 104 (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Jeffrey S. Harris, #3 Exhibit "1" (Email exchange), #4 Certificate of Service)(Harris, Jeffrey) |
| Filing 9 Corporate Disclosure Statement by Boy Scouts of America Aloha Council 104, Boy Scouts of America, Scouting America identifying Corporate Parent Boys Scouts of America, Other Affiliate Boy Scouts of America, Aloha Council for Boy Scouts of America, Scouting America.. (Harris, Jeffrey) |
| Filing 8 FINDING AND RECOMMENDATIONS TO : (1) DISMISS THE COMPLAINT WITH LEAVE TO AMEND; (2) DENY PLAINTIFF'S TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS; AND (3) DENY PLAINTIFF'S REQUEST FOR APPOINMENT OF COUNSEL UNDER THE CIVIL RIGHTS ACT OF 1964; 42 U.S.C. 2000e-5(f)(1)(B) re #1 , #3 , #4 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/24/2024. Based on the foregoing, the Court FINDS AND RECOMMENDS that the district court DISMISS the Complaint with leave to file an amended complaint. Unless otherwise stated by the district court, the amended complaint must be filed within 30 days of the district court's entry of an order adopting this Findings and Recommendation. In addition, the Court FINDS AND RECOMMENDS that the district court DENY the Application to Proceed in District Court Without Prepaying of Fees or Costs (ECF No. 3) with leave to file a new application if Plaintiff decides to file an amended complaint. The Court also FINDS AND RECOMMENDS that the district court DENY the Request for Appointment of Counsel (ECF No. 4) with leave to file a new request if Plaintiff decides to file an amended complaint and assert claims under the Civil Rights Act of 1964. (eta)COURT'S CERTIFICATE OF SERVICE - Nathan D. Bennett has been served electronically to the email address listed on the Notice of Electronic Filing (NEF) on May 24, 2024. b 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 7 Pro Se Consent to Receive Documents and Notices of Electronic Filing by Email - by Plaintiff Nathan D. Bennett (eta) |
| Filing 6 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. (eta) |
Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 7/8/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/8/2024. A copy of the order was provided to Plaintiff at the time of filing. (eta)
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| Filing 4 REQUEST for Appointment of Counsel Under the Civil Rights Act of 1964; 42 U.S.C. 2000e-5(f)(1)(B); Declaration of in Support of Request - by Plaintiff Nathan D. Bennett (Attachments: #1 Notice 1, #2 Notice 2)(eta) |
| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Nathan D. Bennett (eta) |
| Filing 2 CIVIL Cover Sheet - by Nathan D. Bennett. (eta) |
| Filing 1 COMPLAINT for a Civil Case against All Defendants - filed by Nathan D. Bennett.(eta) |
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