Case Details

CourtDistrict of Hawaii
Docket number1:12-cv-00184
Date case filed2012-04-06
Date case closed2013-07-11
Date of latest filing
Assigned to
Case cause42:1983 Civil Rights Act
Nature of suit400 State Reapportionment
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Joseph Kostick
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
Damon Key Leong Kupchak Hastert
1003 Bishop Street, Suite 1600
Honolulu, HI 96813
531-8031
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
Damon Key Leong Kupchak Hastert
1003 Bishop Street, Suite 1600
Honolulu, HI 96813
531-8031
Fax: 533-2242
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
Damon Key Leong Kupchak Hastert
1003 Bishop Street, Suite 1600
Honolulu, HI 96813
531-8031
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kyle Mark Takai
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: David P. Brostrom
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Larry S. Veray
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Andrew Walden
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edwin J. Gayagas
Party type: Plaintiff
Attorney name: Anna H. Oshiro
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jennifer Laster
Party type: Plaintiff
Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Ernest Laster
Party type: Plaintiff
Attorney name: Mark M. Murakami
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert H. Thomas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Scott T. Nago
Party type: Defendant
in his official capacity as the Chief Election Officer of the State of Hawaii, sued in his official capacity
Attorney name: Brian P. Aburano
Attorney Contact:
Office of the Attorney General-Hawaii
425 Queen St
Honolulu, HI 96813
586-1500
Email: [email protected]
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
Office of the Attorney General-State of Hawaii
Civil Rights Litigation
425 Queen Street
Honolulu, HI 96813
586-1494
Fax: 587-3077
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
Department of the Attorney General-State of Hawaii
425 Queen St
Honolulu, HI 96813
586-0618
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: State of Hawaii 2011 Reapportionment Commission
Party type: Defendant
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Victoria Marks
Party type: Defendant
sued in her official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Lorrie Lee Stone
Party type: Defendant
sued in her official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anthony Takitani
Party type: Defendant
sued in his official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Calvert Chipchase, IV
Party type: Defendant
sued in his official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Elizabeth Moore
Party type: Defendant
sued in her official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Clarice Y. Hashimoto
Party type: Defendant
sued in her official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dylan Nonaka
Party type: Defendant
sued in his official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Terry E. Thomason
Party type: Defendant
sued in his official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Doe Defendants 1-10
Party type: Defendant
Party: Harold S. Masumoto
Party type: Defendant
in his official capacity as a member of the State of Hawaii 2011 Reapportionment Commission
Attorney name: Brian P. Aburano
Attorney Contact:
(See above for address)
TERMINATED: 09/10/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John F. Molay
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patricia L. Cookson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-04-06 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; SUMMONS (issued); Request for Three-Judge Court (28 U.S.C. § 2284) - filed by Joseph Kostick; Kyle Mark Takai; David P. Brostrom; Larry S. Veray; Andrew Walden; and Edwin J. Gayagas against Scott T. Nago, in his official capacity as the Chief Election Officer of the State of Hawaii; State of Hawaii 2011 Reapportionment Commission; Victoria Marks, Lorrie Lee Stone, Anthony Takitani, Calvert Chipchase IV, Elizabeth Moore, Clarice Y. Hashimoto, Harold S. Matsumoto, Dylan Nonaka, and Terry E. Thomason, in their official capacities as members of the State of Hawaii 2011 Reapportionment Commission; Doe Defendants 1-10. (Attachments: # 1 Civil Cover Sheet) (afc) (Entered: 04/06/2012)
22012-04-06 Order Setting Rule 16 Scheduling Conference ~ Rule 16 Scheduling Conference date TO BE SET before U.S. Magistrate Judge Richard L. Puglisi in Courtroom 6. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/6/2012. (Attachments: # 1 Corporate Disclosure Memo) (afc) (Entered: 04/06/2012)
32012-04-06 Filing fee: $ 350.00, receipt number HI003315 re 1 Complaint. (afc) (Entered: 04/06/2012)
42012-04-09 EO: Rule 16 Scheduling Conference for 09:00AM on 7/19/2012 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/09/2012)
52012-04-09 EO: On April 6, 2012, Plaintiffs filed a Complaint for Declaratory and Injunctive Relief, challenging the constitutionality of the State of Hawaiis legislative apportionment and districting plan. The Complaint requests that a three-judge court be convened to hear and determine this action pursuant to 28 U.S.C. § 2284(a). In general, a three-judge panel need not be convened unless the constitutional attack upon the state action is ''insubstantial.'' See Goosby v. Osser , 409 U.S. 512, 518 (1973). ''The Supreme Court has described an insubstantial claim as one 'obviously without merit or clearly concluded by this Court's previous decisions.' '' Kalson v. Paterson , 542 F.3d 281, 288 (2d Cir. 2008) (quoting McLucas v. De Champlain , 421 U.S. 21, 28 (1975) (applying standard to § 2284); Goosby , 409 U.S. at 518 ( ''A claim is insubstantial only if its unsoundness so clearly results from the previous decisions of this Court as to foreclose the subject and leave no room for the inference that the questions sought to be raised can be the subject of controversy.''); Hagans v. Lavine , 415 U.S. 528, 536-38 (1974) (describing insubstantial claims as ''so attenuated and unsubstantial as to be absolutely devoid of merit,'' ''wholly insubstantial,'' ''obviously frivolous,'' and ''no longer open to discussion''); see also LaRouche v. Fowler , 152 F.3d 974, 981 (D.C. Cir. 1998) (applying insubstantiality standard to § 2284). The court will hold a status conference today, April 9, 2012, at 3:30 p.m. to discuss the parties' position regarding (1) Plaintiffs request for a three-judge panel; and (2) scheduling issues. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/09/2012)
62012-04-09 SUMMONS Returned Executed by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai. Scott T. Nago served on 4/9/2012, answer due 4/30/2012. (Murakami, Mark) (Entered: 04/09/2012)
72012-04-09 SUMMONS Returned Executed by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai. Clarice Y. Hashimoto served on 4/9/2012, answer due 4/30/2012. (Murakami, Mark) (Entered: 04/09/2012)
82012-04-09 EP: Status Conference held on 4/9/2012. Discussion held re: request for three-judge court.Discussion held re: scheduling. Status Conference set for Friday April 13, 2012.Parties to provide the court with a brief update before noon on Friday April 13, 2012. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/09/2012)
92012-04-10 ORDER Granting Plaintiffs' Request For A Three-Judge Court Pursuant to 28 U.S.C. § 2284. Signed by JUDGE J. MICHAEL SEABRIGHT on 4/10/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of this order was mailed to the 9CCA on the date of this docket entry. (Entered: 04/10/2012)
102012-04-10 NOTICE of Appearance by John F. Molay on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 04/10/2012)
112012-04-10 SUMMONS Returned Executed by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai. Calvert Chipchase, IV served on 4/9/2012, answer due 4/30/2012; Victoria Marks served on 4/9/2012, answer due 4/30/2012; Harold S. Matsumoto served on 4/9/2012, answer due 4/30/2012; Dylan Nonaka served on 4/9/2012, answer due 4/30/2012; State of Hawaii 2011 Reapportionment Commission served on 4/9/2012, answer due 4/30/2012; Anthony Takitani served on 4/9/2012, answer due 4/30/2012; Terry E. Thomason served on 4/9/2012, answer due 4/30/2012. (Murakami, Mark) (Entered: 04/10/2012)
122012-04-10 SUMMONS Returned Executed by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai. Lorrie Lee Stone served on 4/9/2012, answer due 4/30/2012. (gls, ) (Entered: 04/11/2012)
132012-04-10 SUMMONS Returned Executed as to Calvert Chipchase IV served on 4/9/12 by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai. (gls, ) Modified on 4/12/2012 (emt, ). (Entered: 04/11/2012)
142012-04-12 NOTICE of Appearance by Brian P. Aburano on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Aburano, Brian) (Entered: 04/12/2012)
152012-04-13 EO: The court has reviewed the parties April 13, 2012 letter indicating that Plaintiffs intend to file a Motion for Preliminary Injunction, and setting forth various deadlines for the upcoming election. The letter does not address by what date, should the Preliminary Injunction be granted, the court would need to rule in order for meaningful relief to be fashioned. Prior to the status conference scheduled for 2:00 p.m. today, the parties shall meet and confer to discuss this issue. The parties shall come to the status conference prepared to address by what date the court would need to issue an Order affording relief, if appropriate. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/13/2012)
162012-04-13 EP: Status conference held regarding Plaintiffs filing of a Motion for Preliminary Injunction. The parties shall finalize an agreed-upon Stipulated Facts by April 20, 2012. Plaintiffs shall file their Motion for Preliminary Injunction by April 23, 2012, Defendants shall file their Opposition by May 3, 2012, and Plaintiffs shall file their Reply by May 5, 2012. The parties shall provide to the court the names of any witnesses who will be testifying and Declarations containing direct testimony by May 7, 2012. Witnesses who provide direct testimony shall be available for cross examination at the hearing on the preliminary injunction. Subject to the other judges availability, the parties shall keep their schedules open for a hearing on the Motion for Preliminary Injunction on May 10 and/or 11, 2012. Finally, in filing papers, the parties should be aware of Local Rule 10.2(i), providing that six copies of all papers, including briefs, shall be lodged with the clerk. (Court Reporter Gloria Bediamol.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/13/2012)
182012-04-13 SUMMONS Returned Executed Elizabeth Moore served on 4/12/2012, answer due 5/3/2012. (gls, ) (Entered: 04/16/2012)
192012-04-17 ORDER DESIGNATING UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO 28 U.S.C § 2284. Signed by Chief Judge Alex Kozinski, 9CCA on 4/16/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/17/2012)
202012-04-17 EO: Chief Judge Kozinski, by Order dated April 16, 2012, appointed Ninth Circuit Judge M. Margaret McKeown and United States District Court Judges J. Michael Seabright and Leslie E. Kobayashi as the three-judge court to hear and determine this matter. The three-judge court now establishes the following modified schedule for briefing and a hearing on Plaintiffs' Motion for Preliminary Injunction: Plaintiffs shall file their Motion for Preliminary Injunction by April 23, 2012, Defendants shall file their Opposition by May 3, 2012, and Plaintiffs shall file their Reply by May 8, 2012. The parties shall provide to the court the names of any witnesses who will be testifying and declarations containing direct testimony by May 10, 2012. Witnesses who provide direct testimony shall be available for cross examination at the hearing. Notice must also be provided to the court by May 10, 2012 if a party does not intend to call any witnesses to testify. The hearing on the Motion for Preliminary Injunction shall be heard on May 18, 2012 at 10:00 a.m. Finally, all filings related to the Motion for Preliminary Injunction must be filed electronically. The parties should also be aware of Local Rule 10.2(i), providing that ''six copies of all papers, including briefs, shall be lodged with the clerk.'' (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/17/2012)
212012-04-17 Correspondence re: Letter to Judge Seabright (gls, ) Modified on 4/17/2012 (apg, ). (Entered: 04/17/2012)
222012-04-17 EO: On April 17, 2012, the court received a letter from Plaintiffs' counsel requesting an Order for expedited discovery in the form of the deposition of Elections Commissioner Scott Nago, prior to the briefing deadlines in this action. Defendants may file a letter response to this request by April 18, 2012 at 9:00 a.m. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/17/2012)
232012-04-13 Letter to Judge Seabright from State AG's Office (gls, ) (Entered: 04/17/2012)
242012-04-18 RESPONSE re 21 Correspondence filed by Calvert Chipchase, IV, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Exhibit A)(Molay, John) (Entered: 04/18/2012)
252012-04-18 ORDER GRANTING PLAINTIFFS' REQUEST FOR EXPEDITED DISCOVERY re 21 - Signed by JUDGE J. MICHAEL SEABRIGHT on 4/18/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/18/2012)
262012-04-20 RESPONSE to Court Order 16 , Parties' Stipulated Facts Re: the Motion for Preliminary Injunction; filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Matsumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Aburano, Brian) (Entered: 04/20/2012)
272012-04-23 STIPULATION To Amend Caption and AND ORDER; Exhibit A. Signed by JUDGE J. MICHAEL SEABRIGHT on 4/20/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/23/2012)
282012-04-23 MOTION for Preliminary Injunction Robert H. Thomas appearing for Plaintiffs David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Kyle Mark Takai, Larry S. Veray, Andrew Walden (Attachments: # 1 Memorandum In Support of Motion for Preliminary Injunction, # 2 Declaration of Anna H. Oshiro, # 3 Exhibit "A", 1 of 7, # 4 Exhibit "A", 2 of 7, # 5 Exhibit "A", 3 of 7, # 6 Exhibit "A", 4 of 7, # 7 Exhibit "A", 5 of 7, # 8 Exhibit "A", 6 of 7, # 9 Exhibit "A", 7 of 7, # 10 Exhibit "B", # 11 Exhibit "C", # 12 Exhibit "D", # 13 Exhibit "E", # 14 Exhibit "F", # 15 Exhibit "G", # 16 Exhibit "H", # 17 Exhibit "I", # 18 Certificate re Word Limitation (LR 7.5), # 19 Certificate of Service)(Thomas, Robert) (Entered: 04/23/2012)
28.1 Memorandum In Support of Motion for Preliminary Injunction
28.2 Declaration of Anna H. Oshiro
28.3 Exhibit "A", 1 of 7
28.4 Exhibit "A", 2 of 7
28.5 Exhibit "A", 3 of 7
28.6 Exhibit "A", 4 of 7
28.7 Exhibit "A", 5 of 7
28.8 Exhibit "A", 6 of 7
28.9 Exhibit "A", 7 of 7
28.10 Exhibit "B"
28.11 Exhibit "C"
28.12 Exhibit "D"
28.13 Exhibit "E"
28.14 Exhibit "F"
28.15 Exhibit "G"
28.16 Exhibit "H"
28.17 Exhibit "I"
28.18 Certificate re Word Limitation (LR 7.5)
28.19 Certificate of Service
292012-04-24 NOTICE of Hearing on Motion 28 MOTION for Preliminary Injunction :. Motion Hearing set for 5/18/2012 10:00 AM before JUDGE J. MICHAEL SEABRIGHT. (apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 04/24/2012)
302012-04-26 REQUEST for Status Conference by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Molay, John) (Entered: 04/26/2012)
312012-04-27 ENTERING ORDER: Courts response to the Defendant's request for a status conference Doc. No. 30 . (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/27/2012)
322012-04-27 AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Edwin J. Gayagas, Andrew Walden, Joseph Kostick, Larry S. Veray, David P. Brostrom, Kyle Mark Takai, Jennifer Laster, Ernest Laster. (Attachments: # 1 Certificate of Service)(Thomas, Robert) (Entered: 04/27/2012)
332012-05-03 MEMORANDUM in Opposition re 28 MOTION for Preliminary Injunction filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Declaration of Randall Nishimura, # 2 Declaration of James Arakaki, # 3 Declaration of Madge Schaefer, # 4 Declaration of Caryn M. Moran, # 5 Declaration of David Rosenbrock, # 6 Declaration of Victoria S. Marks, # 7 Declaration of Harold S. Masumoto, # 8 Declaration of Dylan Nonaka, # 9 Declaration of Scott Nago, # 10 Declaration of Brian Aburano, # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10)(Aburano, Brian) (Entered: 05/03/2012)
33.1 Declaration of Randall Nishimura
33.2 Declaration of James Arakaki
33.3 Declaration of Madge Schaefer
33.4 Declaration of Caryn M. Moran
33.5 Declaration of David Rosenbrock
33.6 Declaration of Victoria S. Marks
33.7 Declaration of Harold S. Masumoto
33.8 Declaration of Dylan Nonaka
33.9 Declaration of Scott Nago
33.10 Declaration of Brian Aburano
33.11 Exhibit 1
33.12 Exhibit 2
33.13 Exhibit 3
33.14 Exhibit 4
33.15 Exhibit 5
33.16 Exhibit 6
33.17 Exhibit 7
33.18 Exhibit 8
33.19 Exhibit 9
33.20 Exhibit 10
342012-05-03 MEMORANDUM in Opposition re 28 MOTION for Preliminary Injunction [Part A - Continued Documents] filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27, # 18 Exhibit 28, # 19 Exhibit 29, # 20 Exhibit 30, # 21 Exhibit 31)(Aburano, Brian) (Entered: 05/03/2012)
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352012-05-03 MEMORANDUM in Opposition re 28 MOTION for Preliminary Injunction [Part B of Continued Documents] filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Exhibit 32, # 2 Exhibit 33, # 3 Exhibit 34, # 4 Exhibit 35, # 5 Exhibit 36, # 6 Exhibit 37, # 7 Exhibit 38, # 8 Exhibit 39, # 9 Exhibit 40, # 10 Exhibit 41, # 11 Exhibit 42, # 12 Exhibit 43, # 13 Exhibit 44, # 14 Exhibit 45, # 15 Exhibit 46, # 16 Certification of Word Count, # 17 Certificate of Service)(Aburano, Brian) (Entered: 05/03/2012)
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362012-05-08 REPLY MEMORANDUM in Support of 28 Plaintiffs' MOTION for Preliminary Injunction filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Attachments: # 1 Declaration of Anna H. Oshiro, # 2 Exhibit "J", # 3 Declaration of K. Mark Takai, # 4 Exhibit "K", # 5 Exhibit "L", # 6 Certificate of Word Count, # 7 Certificate of Service)(Thomas, Robert) Modified on 5/9/2012 (emt, ). (Entered: 05/08/2012)
372012-05-09 CERTIFICATE OF SERVICE by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden re 36 Reply,, (Thomas, Robert) (Entered: 05/09/2012)
382012-05-10 Witness List. filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Attachments: # 1 Declaration of Joseph Kostick, # 2 Declaration of Andrew Walden, # 3 Declaration of K. Mark Takai, # 4 Declaration of Edwin J. Gayagas, # 5 Declaration of Jennifer Laster, # 6 Declaration of Thomas J. Smyth, # 7 Certificate of Service)(Thomas, Robert) (Entered: 05/10/2012)
392012-05-10 Witness List. filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Declaration of Randall Nishimura, # 2 Declaration of James Arakaki, # 3 Declaration of Madge Schaefer, # 4 Declaration of Caryn M. Moran, # 5 Declaration of David Rosenbrock, # 6 Declaration of Victoria S. Marks, # 7 Declaration of Harold S. Masumoto, # 8 Declaration of Dylan Nonaka, # 9 Declaration of Scott T. Nago, # 10 Declaration of Hermina Morita, # 11 Exhibit A to Declaration of Hermina Morita, # 12 Declaration of Senator Malama Solomon, PhD., # 13 Declaration of Peter Apo, # 14 Declaration of Richard P. Schulze, Jr., # 15 Declaration of Davianna McGregor, PhD., # 16 Attachment to Decl. of McGregor, # 17 Supp Declaration of Scott T. Nago, # 18 Supp Declaration of David Rosenbrock, # 19 Supp Declaration of Dyan Nonaka, # 20 Certificate of Service)(Molay, John) (Entered: 05/10/2012)
402012-05-11 ANSWER to 32 Amended Complaint, by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Aburano, Brian) (Entered: 05/11/2012)
412012-05-11 Declaration of Jennifer Laster; Certificate of Service. (Thomas, Robert) (Entered: 05/11/2012)
422012-05-11 STATUS REPORT Letter to Judges McKeown, Seabright and Kobayashi by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Thomas, Robert) (Entered: 05/11/2012)
432012-05-11 STATUS REPORT Letter to Judges McKeown, Seabright and Kobayashi by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Thomas, Robert)This entry is just a cleaner copy of entry 42 . Modified on 5/14/2012 (gab, ). (Entered: 05/11/2012)
442012-05-14 Request and ORDER For Media Blogging. Signed by JUDGE J. MICHAEL SEABRIGHT on 5/14/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications, & Civil Beat, received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/14/2012)
452012-05-15 EO: In response to the Letter filed by Plaintiffs' counsel on May 11, 2012, Doc 42 the court agrees with the proposed method of numbering exhibits. As to procedure, the court declines the suggestion to first conduct oral argument on legal issues regarding whether an injunction should issue. Given the representation that cross-examination of witnesses will be limited to approximately one hour, the proceedings will begin with presentation of limited evidence, followed by argument on all issues (limited to one hour per side total). The court will likely take the matter under submission following the hearing. With this order, a status conference is not necessary at this time. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/15/2012)
462012-05-15 Request and ORDER For Media Blogging. Signed by JUDGE J. MICHAEL SEABRIGHT on 5/15/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications & Honolulu Star-Advertiser received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/15/2012)
472012-05-15 Exhibit List. filed by Calvert Chipchase, IV, Doe Defendants 1-10, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 05/15/2012)
482012-05-15 Letter from John Molay, DAG, to Judge Seabright. (gls, ) (Entered: 05/16/2012)
492012-05-18 EP: Motion Hearing held on 5/18/2012 re 28 MOTION for Preliminary Injunction filed by Edwin J. Gayagas, David P. Brostrom, Larry S. Veray, Kyle Mark Takai, Andrew Walden, Joseph Kostick, Evidentiary Hearing held on 5/18/2012.Parties to meet and confer and submit a supplemental filing of any additional agreed upon exhibits. Plaintiff calls Scott Nago, Chief Election Officer, State of Hawaii for cross examination. (10:10-10:30), re-direct examination (10:30-10:32). Plaintiffs arguments heard (10:35- 11:20)Defendants arguments heard (11:20-12:20)Plaintiffs rebuttal (12:20- 12:30).Plaintiffs Motion for Preliminary Injunction 28 - taken under advisement. Court to prepare written order. (Court Reporter Katherine Eismann.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/18/2012)
502012-05-18 EXHIBIT. filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Attachments: # 1 Exhibit "M", # 2 Exhibit "VVV", # 3 Exhibit "WWW", # 4 Exhibit "XXX", # 5 Exhibit "YYY", # 6 Exhibit "ZZZ", # 7 Exhibit "AAAA", # 8 Exhibit "BBBB", # 9 Exhibit "CCCC", # 10 Exhibit "DDDD", # 11 Certificate of Service)(Thomas, Robert) (Entered: 05/18/2012)
512012-05-21 EXHIBIT DEFENDANTS' ADDITIONAL EXHIBIT #67 AND EXHIBIT #68. filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. Related document: 47 Exhibit List, filed by Doe Defendants 1-10, Scott T. Nago, Harold S. Masumoto, Dylan Nonaka, Anthony Takitani, Terry E. Thomason, Lorrie Lee Stone, Elizabeth Moore, Clarice Y. Hashimoto, Victoria Marks, State of Hawaii 2011 Reapportionment Commission, Calvert Chipchase, IV. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Certificate of Service)(Molay, John) (Entered: 05/21/2012)
522012-05-22 ORDER Denying Plaintiffs' Motion For Preliminary Injunction; Appendix "A" re 28 . Signed by JUDGE M. MARGARET MCKEOWN, JUDGE J. MICHAEL SEABRIGHT and JUDGE LESLIE E. KOBAYASHI on 5/22/12. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/22/2012)
532012-05-31 TRANSCRIPT of Proceedings, Plaintiff's Motion for Preliminary Injunction 28 , (Three-Judge Court) held on May 18, 2012, - before Judges Margaret McKeown, Circuit Judge, J. Michael Seabright and Leslie E. Kobayashi, District Judges. Court Reporter Katherine Eismann, Telephone number (808)541-2062. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 6/28/2012. Release of Transcript Restriction set for 8/27/2012. (114 pp.) ([email protected]) (Entered: 05/31/2012)
542012-06-14 INITIAL DISCLOSURE by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 06/14/2012)
552012-06-28 REPORT of Planning Meeting and Certificate of Service. (Thomas, Robert) (Entered: 06/28/2012)
562012-07-12 Scheduling Conference Statement ; Certificate of Service. (Thomas, Robert) (Entered: 07/12/2012)
572012-07-12 Scheduling Conference Statement from Defendants. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 07/12/2012)
582012-07-18 EO: The Rule 16 Scheduling Conference set for 7/19/2012 is CONTINUED from 09:00 AM to 09:15AM, the same day, before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/18/2012)
592012-07-19 EP: RULE 16 SCHEDULING ORDER AND/OR STATUS CONFERENCE held. Discussion held. Counsel shall submit within a week a stipulated briefing schedule and proposed order regarding filing of motions. No future hearing dates set. (Court Reporter not reported) (JUDGE RICHARD L. PUGLISI)(mrf)No COS issued for this docket entry (Entered: 07/19/2012)
602012-07-23 STIPULATED BRIEFING SCHEDULE AND ORDER - Signed by JUDGE RICHARD L. PUGLISI on 7/23/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/23/2012)
612012-08-06 EO: Pursuant to the Stipulated Briefing Schedule and Order Doc. 60 filed on July 23, 2012, all Cross Motions shall be heard on Monday January 14, 2013 at 9:00am. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/06/2012)
622012-08-06 EO: The hearing on Cross Motions set for Monday January 14, 2012 2013 will be held at 10:00am . (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 10/2/2012 (apg, ). (Entered: 08/06/2012)
632012-09-10 NOTICE of Appearance by Patricia L. Cookson on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason on behalf of Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Cookson, Patricia) (Entered: 09/10/2012)
642012-10-01 MOTION for Summary Judgment John F. Molay appearing for Defendants Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason (Attachments: # 1 Memorandum in Support of Motion, # 2 Certification of Word Count (LR 7.5), # 3 Certificate of Service)(Molay, John) (Entered: 10/01/2012)
64.1 Memorandum in Support of Motion
64.2 Certification of Word Count (LR 7.5)
64.3 Certificate of Service
652012-10-01 CONCISE STATEMENT of Facts re 64 MOTION for Summary Judgment filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Declaration of John F. Molay, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V)(Molay, John) (Entered: 10/01/2012)
662012-10-01 CONCISE STATEMENT of Facts re 65 Concise Statement of Facts,,, 64 MOTION for Summary Judgment [PART TWO CONTINUATION] filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Exhibit W, # 2 Exhibit X, # 3 Exhibit Z, # 4 Exhibit AA, # 5 Exhibit BB, # 6 Exhibit CC, # 7 Exhibit DD, # 8 Exhibit EE, # 9 Exhibit FF, # 10 Exhibit GG, # 11 Exhibit HH, # 12 Exhibit II, # 13 Exhibit JJ, # 14 Exhibit KK, # 15 Exhibit LL, # 16 Exhibit MM, # 17 Certificate of Service)(Molay, John) (Entered: 10/01/2012)
672012-10-01 MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service Robert H. Thomas appearing for Plaintiffs David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden (Thomas, Robert) (Entered: 10/01/2012)
682012-10-01 CONCISE STATEMENT in Support re 67 MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Attachments: # 1 Declaration of Anna H. Oshiro, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Certificate of Service)(Thomas, Robert) (Entered: 10/01/2012)
692012-10-02 NOTICE of Hearing on Motion 64 MOTION for Summary Judgment, 67 MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service :. Motion Hearing set for 1/14/2013 10:00 AM before JUDGE J. MICHAEL SEABRIGHT, JUDGE LESLIE E. KOBAYASHI and JUDGE MARGARET MCKEOWN. (apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Modified on 10/3/2012 to clarify that this hearing will go before a three judge panel. (apg, ). (Entered: 10/02/2012)
702012-10-17 Errata re 66 Concise Statement of Facts,,. (Attachments: # 1 Exhibit Z, # 2 Certificate of Service)(Molay, John) (Entered: 10/17/2012)
712012-10-29 RESPONSE re 68 Concise Statement in Support of Motion,, filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Molay, John) (Entered: 10/29/2012)
722012-10-29 MEMORANDUM in Opposition re 67 MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service filed by Calvert Chipchase, IV, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Declaration of John F. Molay, # 2 Declaration of Senator David Rosenbriock, # 3 Declaration of Senator Ronald D. Kouchi, # 4 Exhibit NN, # 5 Certificate of Service)(Molay, John) (Entered: 10/29/2012)
732012-10-29 CERTIFICATE OF SERVICE by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason re 71 Response, (Molay, John) (Entered: 10/29/2012)
742012-10-29 MEMORANDUM in Opposition re 64 MOTION for Summary Judgment filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Murakami, Mark) (Entered: 10/29/2012)
752012-10-30 Errata re 28 MOTION for Preliminary Injunction as to Exhibit A. (Attachments: # 1 Exhibit A, part 7 of 8, # 2 Exhibit A, part 8 of 8, # 3 Certificate of Service)(Murakami, Mark) (Entered: 10/30/2012)
762012-11-19 REPLY re 67 MOTION for Summary Judgment on Counts I and II of the First Amended Complaint; Memorandum in Support of Motion; Certificate re Word Limitation (LR 7.5); Certificate of Service filed by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Attachments: # 1 Certificate Re Word Limitation, # 2 Certificate of Service)(Murakami, Mark) (Entered: 11/19/2012)
772012-11-19 REPLY re 64 MOTION for Summary Judgment filed by Calvert Chipchase, IV, Clarice Y. Hashimoto, Victoria Marks, Harold S. Masumoto, Elizabeth Moore, Scott T. Nago, Dylan Nonaka, State of Hawaii 2011 Reapportionment Commission, Lorrie Lee Stone, Anthony Takitani, Terry E. Thomason. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 11/19/2012)
782013-01-14 EP: Defendant's Motion for Summary Judgment 64 . Plaintiff's Motion for Summary Judgment on Counts I and II of the First Amended Complaint 67 .Oral Arguments Heard.Defendant's Motion for Summary Judgment 64 -TAKEN UNDER ADVISEMENT.Plaintiff's Motion for Summary Judgment on Counts I and II of the First Amended Complaint 67 -TAKEN UNDER ADVISEMENT. Counsel to confer and notify the court by letter within ten days whether Plaintiffs intend to pursue Count 3. If Plaintiffs intend to move forward with Count 3, counsel should contact Magistrate Judge Puglisi to schedule appropriate deadlines. Otherwise, counsel are to file a stipulation for dismissal of Count 3.Court to prepare order. (Court Reporter cynthia fazio.) (JUDGE J. MICHAEL SEABRIGHT)(tl, )No COS issued for this docket entry (Entered: 01/14/2013)
792013-01-22 STIPULATION re 32 Amended Complaint, to Dismiss Count V of the First Amended Complaint (Filed April 27, 2012) by David P. Brostrom, Edwin J. Gayagas, Joseph Kostick, Ernest Laster, Jennifer Laster, Kyle Mark Takai, Larry S. Veray, Andrew Walden. (Thomas, Robert) (Entered: 01/22/2013)
802013-07-11 OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; APPENDICES "A" & "B" re 64 , 67 - Signed by JUDGE M. MARGARET MCKEOWN, JUDGE J. MICHAEL SEABRIGHT and JUDGE LESLIE K. KOBAYASHI on 7/11/13. "For the foregoing reasons, Plaintiffs' Motion for Summary Judgment, Doc. No. 67, is DENIED; and Defendants' Motion for Summary Judgment, Doc. No. 64, is GRANTED. Judgment shall issue in favor of Defendants on Counts One through Four of the First Amended Complaint. There being no remaining claims, the Clerk of Court shall issue final judgment and close the case file." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/11/2013)
812013-07-11 CLERK'S JUDGMENT entered on 7/11/13 pursuant to 80 OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; APPENDICES "A" & "B". (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/11/2013)