Duell v. County of Honolulu
| Todd Alan Duell |
| County of Honolulu, Honolulu Police Department and First Circuit Court of Hawaii |
| 1:2025cv00538 |
| December 26, 2025 |
| U.S. District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2026. A more recent docket listing may be available from PACER.
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| Filing 24 EO: The Court construes Plaintiff's second #23 Motion for Summary Judgment as an opposition to Defendant County of Honolulu's Motion to Dismiss. Defendant may respond to Plaintiff's alternative request for summary judgment therein in its reply. (JUDGE JILL A. OTAKE)(cgc)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 23 MOTION for Summary Judgment; Exhibits A, B, C - filed by Plaintiff Todd Alan Duell (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit in Support of Motion for Summary Judgment, #5 Proposed Order, #6 Notice of Filing, #7 Certificate of Service)(cib) |
| Filing 22 EO: Plaintiff Todd Alan Duell failed to meet the 5/29/2026 deadline to respond to Defendant County of Honolulu's #17 Motion to Dismiss for Failure to State a Claim re: Second Amended Complaint ("Motion"). Plaintiff has until 6/15/2026 to file an opposition to the Motion, otherwise the Court will treat the Motion as unopposed and will grant it. If Plaintiff responds by the deadline, Defendant may submit a reply by 6/29/2026. (JUDGE JILL A. OTAKE)(cgc)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 21 EO: Because Defendant's #17 Motion to Dismiss for Failure to State a Claim ("Motion to Dismiss") may affect Plaintiff's #20 Motion for Summary Judgment, the Court will refrain from setting a briefing schedule on the Motion for Summary Judgment until after the Court resolves the Motion to Dismiss. (JUDGE JILL A. OTAKE)(cgc)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 20 MOTION for Summary Judgment - filed by Plaintiff Todd Alan Duell (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Affidavit In Support of Motion For Summary Judgment, #6 Notice Of Filing, #7 mailing envelope)(cib) |
| Filing 19 Rule 16 Scheduling Conference - filed by Todd Alan Duell (Attachments: #1 UNDER SEAL - Plaintiff's SS Number and DOB listed, #2 mailing envelope)(cib) Modified to seal attachment ONLY. The Rule 16 Scheduling Conference will remain viewable to the public on 5/8/2026 (cib). |
| Filing 18 EO: The Court sets the following briefing schedule on Defendant's #17 Motion to Dismiss for Failure to State a Claim re: Second Amended Complaint: Opposition is due 5/29/2026; Reply is due 6/12/2026. The Court will decide whether to hold a hearing after reviewing the briefs. (JUDGE JILL A. OTAKE)(cgc)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 17 MOTION to Dismiss for failure to State a Claim re: Second Amended Complaint Nicholas K. Lee appearing for Defendant County of Honolulu (Attachments: #1 Certificate of Service)(Lee, Nicholas) |
| Filing 16 SECOND AMENDED COMPLAINT against County of Honolulu, First Circuit Court of Hawaii, Honolulu Police Department - filed by Todd Alan Duell. (Attachments: #1 Exhibit A)(cib) |
| Filing 15 EO: In light of [ECF #14 ] Order Granting Defendant City and County of Honolulu's Motion to Dismiss, ECF No. 10, permitting Plaintiff to file a Second Amended Complaint by 4/27/2026, the Rule 16 Scheduling Conference scheduled for 4/29/2026 is CONTINUED to 7/31/2026 at 9:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 7/24/2026.Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(rt2)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 14
ORDER GRANTING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION TO DISMISS (ECF NO. #10 ) For the foregoing reasons, the Court GRANTS the County's Motion and DISMISSES the FAC with leave to amend.If Plaintiff elects to file a second amended complaint, he must comply with the following requirements:(1) The deadline to file an amended complaint is April 27, 2026;(2) The amended complaint should be titled "Second Amended Complaint," and cannot include any new defendants without leave of court;(3) Plaintiff must cure the deficiencies identified above; and(4) Plaintiff must serve all defendants by May 27, 2026.Plaintiff is cautioned that failure to timely file an amended pleading that conforms with this Order will result in the automatic dismissal of this action. Signed by JUDGE JILL A. OTAKE on 3/25/2026. (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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| COURT'S CERTIFICATE of Service - a copy of #14 Order on Motion to Dismiss for Failure to State a Claim has been served by First Class Mail to the addresses of record on Todd Alan Duell. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 13 REPLY IN SUPPORT OF ITS #10 MOTION TO DISMISS COMPLAINT; CERTIFICATE OF SERVICE - filed by County of Honolulu. (Attachments: #1 Certificate of Service)(Ogata, Page) Modified docket text to add underlying motion link on 3/4/2026 (cib). |
| Filing 12 EO: In light of [ECF #10 ] Respondent City and County of Honolulu's Motion to Dismiss Complaint, Filed on December 26, 2025 pending before the district judge, the Court CONTINUES the Rule 16 Scheduling Conference from 2/23/2026 to 4/29/2026 at 9:45 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 4/22/2026.Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(rt2)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 11 EO: The Court SETS the following briefing schedule on Defendant County of Honolulu's #10 Motion to Dismiss for Failure to State a Claim: Opposition due 2/17/2026; Optional Reply due 3/3/2026. The Court will decide whether to hold a hearing after reviewing the briefs. (JUDGE JILL A. OTAKE)(cgc)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 MOTION to Dismiss for failure to State a Claim Page C. Ogata appearing for Defendant County of Honolulu (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Ogata, Page) |
| Filing 9 EO: Federal Rule of Procedure 15(a)(1) allows parties to amend a pleading once as a matter of course. Afterwards, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Because Plaintiff already amended his initial complaint, see ECF No. 7, the Court STRIKES Plaintiff's purported #8 Second Amended Complaint. (JUDGE JILL A. OTAKE)(cgc)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 8 SECOND AMENDED COMPLAINT against County of Honolulu, First Circuit Court of Hawaii, Honolulu Police Department - filed by Todd Alan Duell. (Attachments: #1 mailing envelope)(cib) Modified on 1/9/2026 (cgc). |
| Filing 7 FIRST AMENDED COMPLAINT against County of Honolulu, Honolulu Police Department, First Circuit Court of Hawaii - filed by Todd Alan Duell. (Attachments: #1 mailing envelope)(cib) |
| Filing 6 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(cgc)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 5 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 a Summons, #2 AO 399 Waiver of the Service of Summons)(eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/23/2026 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/26/2025. (eta)COURT'S CERTIFICATE OF SERVICE - A copy of this order was given to Plaintiff Todd Alan Duell at the time of filing.
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| Filing 3 Summons Issued as to County of Honolulu. (eta) |
| Filing 2 Filing fee: $ 405, receipt number 7221 re #1 Complaint (eta) |
| Filing 1 COMPLAINT; (Demand for Jury Trial) against County of Honolulu - filed by Todd Alan Duell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(eta) |
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