Case Details

CourtDistrict of Hawaii
Docket number1:13-cv-00205
Date case filed2013-04-29
Date case closed2013-09-20
Date of latest filing
Assigned toJudge BARRY M. KURREN
Case cause28:2201 Injunction
Nature of suit440 Civil Rights: Other
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Jerry Agbannaoag
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
Dubin Law Offices
55 Merchant St Ste 3100
Honolulu, HI 96813
537-2300
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
Dubin Law Offices
55 Merchant St Ste 3100
Honolulu, HI 96813
537-2300
Fax: 523-7733
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
Waihee & Nip LLLC
333 Queen St Ste 608
Honolulu, HI 96813
566-0999
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Attorney name: Richard T. Forrester
Attorney Contact:
Dubin Law Offices
55 Merchant St Ste 3100
Honolulu, HI 96813
(808) 537-2300
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Merlita Agbannaoag
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Severino Agbannaoag
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Conchita Agbannaoag
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cosmedin Tasani
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
Office of the Attorney General-State of Hawaii
Administration Division
425 Queen Street
Honolulu, HI 96813
(808) 586-0618
Fax: (808) 586-1372
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ke Kailani Development LLC
Party type: Plaintiff
a Hawaii limited liability company
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael J. Fuchs
Party type: Plaintiff
Attorney name: Andrew David Goff
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D. Waihee , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard T. Forrester
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Karen S.S. Ahn
Party type: Defendant
individually and in their official capcity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
Office of the Attorney General-Hawaii
425 Queen St
Honolulu, HI 96813
586-1500
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Steven S. Alm
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Bert I. Ayabe
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Patrick W. Border
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jeannette Castagnetti
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Judge Derrick H.M. Chan
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gary W.B. Chang
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Virginia L. Crandall
Party type: Defendant
individually and in their official capacity as Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dexter D. Del Rosario
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Colette Y. Garibaldi
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Glenn J. Kim
Party type: Defendant
individually and in their official capacity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edward H. Kubo, Jr.
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Randal K.O. Lee
Party type: Defendant
individually and in their official capacity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edwin C. Nacino
Party type: Defendant
individually and in the official capcity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Karen T. Nakasone
Party type: Defendant
individually and in their official capacity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rhonda A. Nishimura
Party type: Defendant
individually and in their official capacity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dean E. Ochiai
Party type: Defendant
individually and in their official capacity as First Circuit Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Richard K. Perkins
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Judge Karl K. Sakamoto
Party type: Defendant
individually and in their capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Fa'auuga L. To'oto'o
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rom A. Trader
Party type: Defendant
individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael D. Wilson
Party type: Defendant
Individually and in their official capacity as First Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Richard T. Bissen
Party type: Defendant
individually and in their official capacity as Second Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Peter T. Cahill
Party type: Defendant
individually and in their official capacity as Second Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Joseph E. Cardoza
Party type: Defendant
individually and in their official capacity as Second Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rhonda I.L. Loo
Party type: Defendant
individually and in their official capacity as Second Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Glenn S. Hara
Party type: Defendant
individually and in their official capacity as Third Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ronald Ibarra
Party type: Defendant
individually and in their official capacity as Third Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Greg K. Nakamura
Party type: Defendant
individually and in their official capacity as Third Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Elizabeth A. Strance
Party type: Defendant
individually and in their official capacity as Third Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Randal G.B. Valenciano
Party type: Defendant
individually and in their official capacity as Fifth Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kathleen N.A. Watanabe
Party type: Defendant
individually and in their official capacity as Fifth Circuit Court Judge, State of Hawaii
Attorney name: Patricia Ohara
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn B. Chun
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-04-29 COMPLAINT against All Defendants, filed by Cosmedin Tasani, Ke Kailani Development LLC, Jerry Agbannaoag, Conchita Agbannaoag, Michael J. Fuchs, Severino Agbannaoag, Merlita Agbannaoag. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(gls, ) (Entered: 05/01/2013)
22013-04-29 Order Setting Rule 16 Scheduling Conference for 09:00AM on 7/29/2013 before Judge BARRY M. KURREN. Signed by JUDGE SUSAN OKI MOLLWAY on 4/29/13. (Attachments: # 1 Corporate Disclosure Memo)(gls, ) (Entered: 05/01/2013)
32013-04-29 Filing fee: $ 350.00,receipt number HI007773 re 1 Complaint (gls, ) (Entered: 05/01/2013)
42013-04-29 NOTICE of Assignment to United States Magistrate Judge. (Attachments: # 1 Consent Form)(gls, ) (Entered: 05/01/2013)
52013-05-17 MOTION to Dismiss for Lack of Jurisdiction Robyn B. Chun appearing for Defendant Karen S.S. Ahn (Attachments: # 1 Exhibit Robyn Chun, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B, # 5 Exhibit B, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F)(Chun, Robyn) (Entered: 05/17/2013)
62013-05-24 CONSENT to Jurisdiction by US Magistrate Judge. Please reflect Civil Case Number CIV NO 13-00205 BMK on all further documents and pleadings. (eps) (Entered: 05/24/2013)
72013-05-28 EO: A Status Conference is set for 6/6/2013 at 9:30AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur2)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: 05/28/2013)
82013-05-29 NOTICE of Hearing on 5 Defendants' MOTION to Dismiss. Motion Hearing set for 7/23/2013 at 2:00PM before Judge BARRY M. KURREN. (kur2)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: 05/29/2013)
92013-05-29 EO: The Rule 16 Scheduling Conference set for 7/29/2013 is MOVED to 2:00PM on 7/23/2013 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 7/16/2013. (Judge BARRY M. KURREN)(kur2)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: 05/29/2013)
102013-06-06 EP: Status Conference was held. (C7 no record 9:35-9:48 a.m.) (Judge BARRY M. KURREN)(kur1)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: 06/06/2013)
112013-06-19 EO: The Rule 16 Scheduling Conference set for 7/23/2013 is CONTINUED to 10:00AM on 8/6/2013 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 7/30/2013. The hearing on hearing on 5 Defendants' Motion to Dismiss, which was set for 7/23/2013, is CONTINUED to 8/6/2013 at 10:00AM before Judge BARRY M. KURREN. The briefing schedule for this Motion shall remain unchanged. (Judge BARRY M. KURREN)(kur2)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: 06/19/2013)
122013-06-20 EO: The Court received Gary Dubin's letter dated June 20, 2013, requesting clarification of Docket Entry No. 11. Pursuant to his request, the briefing schedule for 5 Defendants' Motion to Dismiss shall be governed by the Local Rules, based on the 8/6/2013 hearing date. This Motion is set for hearing on 8/6/2013 at 10:00 a.m. before Judge Barry M. Kurren. The Rule 16 Scheduling Conference is CONTINUED to September 6, 2013 at 9:30 a.m. before Judge Barry M. Kurren. Scheduling Conference Statements are due August 30, 2013. (Judge BARRY M. KURREN)(kur2)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: 06/20/2013)
132013-07-16 Ex Parte MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss for Lack of Jurisdiction Gary Victor Dubin appearing for Plaintiffs Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag (Attachments: # 1 Declaration Plaintiffs' Counsel, # 2 Supplement Proposed Order, # 3 Declaration Certificate of Service)(Dubin, Gary) (Entered: 07/16/2013)
142013-07-17 EO: Plaintiffs' 13 Ex Parte Motion to Modify Briefing Schedule is GRANTED. Plaintiffs' Opposition to Defendants' 5 Motion to Dismiss is due by 7/19/2013. Defendants' Reply is due by 7/26/2013. (Judge BARRY M. KURREN)(kur1)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: 07/17/2013)
152013-07-19 MEMORANDUM in Opposition To Motion To Dismiss filed by Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag. (Attachments: # 1 Exhibit Class Action Complaint, # 2 Exhibit Hawaii Judiciary Statistics, # 3 Declaration Certificate of Service)(Dubin, Gary) (Entered: 07/19/2013)
162013-07-23 MEMORANDUM in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction Errata To Memorandum In Opposition filed by Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag, Michael J. Fuchs, Ke Kailani Development LLC. (Attachments: # 1 Errata Table of Authorities, # 2 Declaration Certificate of Service)(Dubin, Gary) (Entered: 07/23/2013)
172013-07-26 REPLY to Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss with Prejudice... filed July 19, 2013 filed by Karen S.S. Ahn, Steven S. Alm, Bert I. Ayabe, Richard T. Bissen, Patrick W. Border, Peter T. Cahill, Joseph E. Cardoza, Jeannette Castagnetti, Derrick H.M. Chan, Gary W.B. Chang, Virginia L. Crandall, Dexter D. Del Rosario, Michael J. Fuchs, Colette Y. Garibaldi, Glenn S. Hara, Ronald Ibarra, Ke Kailani Development LLC, Glenn J. Kim, Edward H. Kubo, Jr, Randal K.O. Lee, Rhonda I.L. Loo, Edwin C. Nacino, Greg K. Nakamura, Karen T. Nakasone, Rhonda A. Nishimura, Dean E. Ochiai, Richard K. Perkins, Karl K. Sakamoto, Elizabeth A. Strance, Cosmedin Tasani, Fa'auuga L. To'oto'o, Rom A. Trader, Randal G.B. Valenciano, Kathleen N.A. Watanabe, Michael D. Wilson. (Chun, Robyn) (Entered: 07/26/2013)
182013-08-06 EP: Hearing on 5 Defendants' Motion to Dismiss held. Over Defendants' objection, the Court GRANTS Plaintiffs' oral request for supplemental briefing. Briefing is limited to ten pages. Plaintiffs' supplemental brief is due 8/20/2013. Defendants' response to the supplemental brief is due 9/3/2013. After the supplemental briefing is submitted, the Court will take this Motion under advisement and issue an order. The Rule 16 Scheduling Conference set for 9/6/2013 is CONTINUED to 10/11/2013 at 9:30 a.m. before Judge Barry M. Kurren. Scheduling Conference Statements are due 10/4/2013. (C6F 10:03-10:31am.) (Judge BARRY M. KURREN)(kur2)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: 08/06/2013)
192013-08-20 MEMORANDUM in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction Supplemental Memo filed by Michael J. Fuchs. (Dubin, Gary) (Entered: 08/20/2013)
202013-09-03 SUPPLEMENT by Karen S.S. Ahn, Steven S. Alm, Bert I. Ayabe, Richard T. Bissen, Patrick W. Border, Peter T. Cahill, Joseph E. Cardoza, Jeannette Castagnetti, Derrick H.M. Chan, Gary W.B. Chang, Virginia L. Crandall, Dexter D. Del Rosario, Michael J. Fuchs, Colette Y. Garibaldi, Glenn S. Hara, Ronald Ibarra, Ke Kailani Development LLC, Glenn J. Kim, Edward H. Kubo, Jr, Randal K.O. Lee, Rhonda I.L. Loo, Edwin C. Nacino, Greg K. Nakamura, Karen T. Nakasone, Rhonda A. Nishimura, Dean E. Ochiai, Richard K. Perkins, Karl K. Sakamoto, Elizabeth A. Strance, Cosmedin Tasani, Fa'auuga L. To'oto'o, Rom A. Trader, Randal G.B. Valenciano, Kathleen N.A. Watanabe, Michael D. Wilson Judicial Defendants Supplemental Memorandum In Support Of Motion To Dismiss With Prejudice Complaint For Declaratory And Injunctive Relief Filed On April 29, 2013; Certificate Of Service. (Chun, Robyn) (Entered: 09/03/2013)
212013-09-09 MOTION for Extension of Time to File Response/Reply as to 20 Supplement,,, Ex Parte Motion To Reopen Briefing Gary Victor Dubin appearing for Plaintiffs Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag, Michael J. Fuchs (Attachments: # 1 Declaration Plaintiffs'Counsel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Appendix Proposed Order, # 5 Appendix Certificate of Service)(Dubin, Gary) (Entered: 09/09/2013)
222013-09-09 MEMORANDUM in Opposition To Plaintiffs Ex Parte Post-Hearing Motion To Reopen The Briefing Schedule To Include Further Briefing As To The Applicability Of The Decision In Mullis V. United States Bankruptcy Court For The District Of Nevada, 828 F.2d 1385 (9th Cir. 1987) To The Disposition Of Defendants Motion To Dismiss With Prejudice Complaint For Declaratory And Injunctive Relief Filed On April 29, 2013 filed by Karen S.S. Ahn, Steven S. Alm, Bert I. Ayabe, Richard T. Bissen, Patrick W. Border, Peter T. Cahill, Joseph E. Cardoza, Jeannette Castagnetti, Derrick H.M. Chan, Gary W.B. Chang, Virginia L. Crandall, Dexter D. Del Rosario, Colette Y. Garibaldi, Glenn S. Hara, Ronald Ibarra, Glenn J. Kim, Edward H. Kubo, Jr, Randal K.O. Lee, Rhonda I.L. Loo, Edwin C. Nacino, Greg K. Nakamura, Karen T. Nakasone, Rhonda A. Nishimura, Dean E. Ochiai, Richard K. Perkins, Karl K. Sakamoto, Elizabeth A. Strance, Fa'auuga L. To'oto'o, Rom A. Trader, Randal G.B. Valenciano, Kathleen N.A. Watanabe, Michael D. Wilson. (Attachments: # 1 Main Document Certificate of Service)(Chun, Robyn) (Entered: 09/09/2013)
232013-09-12 EO: The Court DENIES 21 Plaintiffs' Ex Parte Post-Hearing Motion to Reopen The Briefing Schedule to Include Further Briefing as to the Applicability of the Decision in Mullis to the Disposition of Defendants' Motion to Dismiss. (Judge BARRY M. KURREN)(kur2)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: 09/12/2013)
242013-09-20 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH PREJUDICE re 5 - Signed by Judge BARRY M. KURREN on 9/20/13. "For the foregoing reasons, the Court GRANTS Defendants' Motion to Dismiss (Doc. 5 ). The Complaint is dismissed with prejudice, without leave to amend. The Clerk of Court is DIRECTED to enter Judgment in Defendants favor and against Plaintiffs, and to close this case." (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: 09/20/2013)
252013-09-20 CLERK'S JUDGMENT entered on 9/20/13 pursuant to 24 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH PREJUDICE(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: 09/20/2013)
262013-09-23 EO: In light of the 25 Clerk's Judgment in a Civil Case, the Rule 16 Scheduling Conference hearing set for 10/11/2013 is VACATED. (Judge BARRY M. KURREN)(bbb)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: 09/23/2013)
272013-10-04 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction,,, Gary Victor Dubin appearing for Plaintiffs Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag, Michael J. Fuchs (Attachments: # 1 Memorandum In Support Of Motion, # 2 Exhibit September 20, 2013 Order, # 3 Certificate of Service)(Dubin, Gary) (Entered: 10/04/2013)
282013-10-18 MEMORANDUM in Opposition to Plaintiffs Motion for Reconsideration filed by Karen S.S. Ahn, Steven S. Alm, Bert I. Ayabe, Richard T. Bissen, Patrick W. Border, Peter T. Cahill, Joseph E. Cardoza, Jeannette Castagnetti, Derrick H.M. Chan, Gary W.B. Chang, Virginia L. Crandall, Dexter D. Del Rosario, Colette Y. Garibaldi, Glenn S. Hara, Ronald Ibarra, Glenn J. Kim, Edward H. Kubo, Jr, Randal K.O. Lee, Rhonda I.L. Loo, Edwin C. Nacino, Greg K. Nakamura, Karen T. Nakasone, Rhonda A. Nishimura, Dean E. Ochiai, Richard K. Perkins, Karl K. Sakamoto, Elizabeth A. Strance, Fa'auuga L. To'oto'o, Rom A. Trader, Randal G.B. Valenciano, Kathleen N.A. Watanabe, Michael D. Wilson. (Attachments: # 1 Certificate of Service)(Chun, Robyn) (Entered: 10/18/2013)
292013-10-21 REPLY to Response to Motion re 27 MOTION for Reconsideration re 24 Order on Motion to Dismiss/Lack of Jurisdiction,,, filed by Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag, Michael J. Fuchs, Ke Kailani Development LLC. (Dubin, Gary) (Entered: 10/21/2013)
302013-11-08 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF THIS COURT'S ORDER GRANTING DEFENDANTS' MOTION TO DISMISS re 27 - Signed by Judge BARRY M. KURREN on 11/8/13. (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: 11/08/2013)
312013-11-09 NOTICE OF APPEAL as to 25 Clerk's Judgment, 24 Order on Motion to Dismiss/Lack of Jurisdiction,,, by Conchita Agbannaoag, Jerry Agbannaoag, Merlita Agbannaoag, Severino Agbannaoag, Michael J. Fuchs. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Certificate of Service)(Dubin, Gary) (Entered: 11/09/2013)
322013-11-25 USCA Appeal Fees received $ 455 receipt number HI010130 re 31 Notice of Appeal, filed by Merlita Agbannaoag, Conchita Agbannaoag, Severino Agbannaoag, Jerry Agbannaoag, Michael J. Fuchs (emt, ) (Entered: 11/26/2013)
332013-11-26 Attorney Appeal Packet re 31 Notice of Appeal filed by Plaintiffs. (Attachments: # 1 Notice of Appeal, # 2 Instructions of Civil Appeals, # 3 Additional Instructions for Transcript Designation and Ordering Form, # 4 Letter Re: Court Reporters, # 5 Transcript Designation and Ordering Form, # 6 Docket Sheet)(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: 11/26/2013)
342013-11-29 USCA Case Number 13-17450 for 31 Notice of Appeal, filed by Merlita Agbannaoag, Conchita Agbannaoag, Severino Agbannaoag, Jerry Agbannaoag, Michael J. Fuchs. (emt, ) (Entered: 11/29/2013)
352013-11-29 USCA TIME SCHEDULE ORDER as to 31 Notice of Appeal, filed by Merlita Agbannaoag, Conchita Agbannaoag, Severino Agbannaoag, Jerry Agbannaoag, Michael J. Fuchs, 9CCA NO. 13-17450. (emt, )No COS issued for this docket entry (Entered: 11/29/2013)
362014-08-07 ORDER of USCA as to 31 Notice of Appeal, filed by Merlita Agbannaoag, Conchita Agbannaoag, Severino Agbannaoag, Jerry Agbannaoag, Michael J. Fuchs, 9CCA NO. 13-17450. "A review of the file in this case reveals that counsel has failed to perfect the appeal as prescribed by the Federal Rules of Appellate Procedure. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file the opening brief on appeal in this case. Counsel for appellants is directed to notify immediately his/her client in writing regarding this dismissal. This order served on the district court shall constitute the mandate of this court." (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: 08/11/2014)