Yukutake v. Shikada
| Hawaii District Court | |
| Judge: | Jill A Otake |
| Referred: | Wes Reber Porter |
| Case #: | 1:22-cv-00323 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 25, 2022 |
| Terminated: | May 23, 2023 |
| Last checked: Saturday Jan 21, 2023 1:27 AM HST |
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Defendant
Anne E. Lopez
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Represented By
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Plaintiff
Todd Yukutake
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Represented By
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Plaintiff
Justin Solomon
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Holly T. Shikada
Terminated: 12/05/2022
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, May 23, 2023 | ||
| 41 | 41
order
Judgment - Consent
Tue 05/23 4:23 PM
STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION - Signed by JUDGE JILL A. OTAKE on 5/23/2023. (jni) |
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| Monday, May 15, 2023 | ||
| 40 | 40
minutes
Status Conference
Mon 05/15 3:32 PM
EP: Status Conference was conducted telephonically. Plaintiff Todd Yukutake is present and participated telephonically. Discussion held re: the proposed Stipulated Final Judgment and Permanent Injunction. Parties to meet and confer to discuss the Court's concerns addressed during the status conference. Parties may either file a letter addressing the Court's concerns or revise the language of the proposed Stipulated Final Judgment and Permanent Injunction. (JUDGE JILL A. OTAKE)(shm) |
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| Thursday, May 11, 2023 | ||
| 39 | 39
minutes
2 - Set Hearings
Thu 05/11 11:41 AM
EO: A Status Conference is SET for 5/15/2023 at 3:00 PM before JUDGE JILL A. OTAKE. The hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. PARTICIPANT INSTRUCTIONS: 1. Dial 1-888-636-3807. 2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. Any parties or members of the public or media wishing to attend the hearing by telephone conference shall also follow the Participant Instructions. (JUDGE JILL A. OTAKE)(shm) |
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| Tuesday, April 04, 2023 | ||
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minutes
2 - Set Hearings
Tue 04/04 9:30 AM
EO: Pursuant to ECF No.32 Order of Recusal and case reassignment to Magistrate Judge Wes Reber Porter, the Final Pretrial Conference set for 3/11/2024 is CONTINUED to 3/12/2024 at 10:00 AM as a Telephonic Hearing before MAGISTRATE JUDGE WES REBER PORTER and the Settlement Conference set for 12/18/2023 is CONTINUED to 12/20/2023 at 01:00 PM as Video Conference Hearing before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the settlement conference date. Confidential Settlement Statements shall be emailed to porter_orders@hid.uscourts.gov by 12/13/2023. The parties are directed to consult Magistrate Judge Wes Reber Porter's Standing Order Regarding Settlement Conferences, available on the Court's public website, regarding the format of the confidential settlement conference statement and settlement conference procedures. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
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| Thursday, March 30, 2023 | ||
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minutes
Link Order on Motion to Withdraw as Attorney Order on Motion to Substitute Attorney
Thu 03/30 7:48 AM
EO: For good cause shown, the Court GRANTS36 Defendant's Motion for Leave to Withdraw John H. Price as Counsel for Defendant Anne E. Lopez. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) |
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| Wednesday, March 29, 2023 | ||
| 36 | 36
motion
Withdraw as Attorney Substitute Attorney
Wed 03/29 1:42 PM
MOTION to Withdraw as Attorney , MOTION to Substitute Attorney John H. Price Craig Y. Iha appearing for Defendant Anne E. Lopez(Iha, Craig) |
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Att: 1
Certificate of Service
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| Tuesday, March 28, 2023 | ||
| 35 | 35
notice
Notice of Appearance
Tue 03/28 9:45 AM
NOTICE of Appearance by Craig Y. Iha on behalf of Anne E. Lopez on behalf of Anne E. Lopez.(Iha, Craig) |
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Att: 1
Certificate of Service
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| 34 | 34
notice
Notice of Appearance
Tue 03/28 8:50 AM
NOTICE of Appearance by Trista Speer on behalf of Anne E. Lopez on behalf of Anne E. Lopez.(Speer, Trista) |
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Att: 1
Certificate of Service
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| Thursday, March 23, 2023 | ||
| 33 | 33
order
Stipulation and Order
Thu 03/23 10:18 AM
STIPULATION OF FACTS - Signed by JUDGE JILL A. OTAKE. (jni) |
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| Tuesday, March 14, 2023 | ||
| 32 | 32
1
pgs
order
Order of Recusal
Tue 03/14 2:32 PM
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/14/2023. MAGISTRATE JUDGE KENNETH J. MANSFIELD recused. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. Please reflect new Civil case number CV 22-00323 JAO-WRP on all further filings. (jni) |
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| Friday, January 20, 2023 | ||
| 31 | 31
order
Scheduling Order
Fri 01/20 1:15 PM
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/20/2023. (adi) |
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| 30 | 30
minutes
Rule 16 Scheduling Conference
Fri 01/20 9:37 AM
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE held. John Price appearing on behalf of Defendant Anne E. Lopez. Dates given. Court to prepare Scheduling Order. Non-Jury Trial is set for 4/22/2024 at 9:00 AM in Aha Kanawai before DISTRICT JUDGE JILL A. OTAKE. Final Pretrial Conference is set for 4/8/2024 at 10:00 AM in Aha Kanawai before DISTRICT JUDGE JILL A. OTAKE. Final Pretrial Conference is set for 3/11/2024 at 9:45 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 12/18/2023 at 10:00 AM in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 11/24/2023. Discovery due by 11/24/2023. Other Matters: If the parties so wish to hold an Early Settlement Conference with the Court, they may do so by contacting Magistrate Judge Kenneth J. Mansfield’s Courtroom Manager, Bernie Aurio by email at bbb@hid.uscourts.gov at anytime. The Confidential Settlement Conference Statements shall be delivered(one-set, double-sided) to the Clerk's Office and delivered electronically by emailing it to mansfield_orders@hid.uscourts.gov. The parties are directed to review the General Civil Case Procedures Before Judge Otake available on the court's website. (adi) |
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| Tuesday, January 10, 2023 | ||
| 29 | 29
23
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Tue 01/10 10:38 AM
ORDER DENYING DEFENDANT'S MOTION TO DISMISS UNDER FRCP RULE 12(b)(1), signed by JUDGE JILL A. OTAKE on 1/10/2023. (shm) |
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| Monday, December 05, 2022 | ||
| 28 | 28
notice
Notice (Other)
Mon 12/05 4:39 PM
NOTICE by Holly T. Shikada of Substitution Under FRCP25(d)--Anne E. Lopez for Holly T. Shikada. (McLean, Nicholas) |
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| Friday, December 02, 2022 | ||
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minutes
2 - Set Hearings
Fri 12/02 2:26 PM
EO: In light of the18 Defendant's Motion to Dismiss Under FRCP Rule 12(b)(1) taken under advisement by District Judge Jill A. Otake on December 1, 2022, the Telephonic Rule 16 Scheduling Conference previously set for 12/08/2022 IS CONTINUED TO 01/20/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statement are due by 01/13/2023. Parties are to participate via telephone through our ZOOM Teleconference . Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-833-568-8864 Access Code: 160 8983 1896 Observers may call in on a separate line at 1-650-479-3207, Code: 160 930 3683. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Thursday, December 01, 2022 | ||
| 26 | 26
minutes
Motion Hearing 3 - Set Ripe Deadline
Thu 12/01 11:24 AM
EP: Hearing on18 Defendant's Motion to Dismiss Under FRCP Rule 12(b)(1) was held. Oral arguments heard. 18 Defendant's Motion to Dismiss Under FRCP Rule 12(b)(1) - TAKEN UNDER ADVISEMENT. Court to issue a written order. (JUDGE JILL A. OTAKE)(shm) |
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| Monday, November 21, 2022 | ||
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misc
Incomplete Caption
Mon 11/21 4:57 PM
ADVISORY ENTRY - Incomplete Caption, Case Number, or Title .- Please be advised that Document22 Memorandum in Opposition to Motion, and24 Notice, contains an incorrect case number (judge assignment). Please refer to LR 10.2(c), following the identification of the person filing the document there shall appear: (1) the title of the court; (2) the title of the action or proceeding; (3) the file number of the action or proceeding, whether it is civil or criminal, followed by the initials of the judge(s) assigned. Please correct the Judge assignment to JAO-KJM and include this information on future filings. No further action is necessary. (jni) |
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| Monday, November 14, 2022 | ||
| 25 | 25
notice
Notice (Other)
Mon 11/14 4:10 PM
NOTICE by Holly T. Shikada re24 Notice (Other), Holly T. Shikada.(McLean, Nicholas) |
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Att: 1
Certificate of Service
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| Friday, November 11, 2022 | ||
| 24 | 24
notice
Notice (Other)
Fri 11/11 7:22 PM
NOTICE by Justin Solomon, Todd Yukutake re22 Memorandum in Opposition to Motion, supplemental authority Justin Solomon, Todd Yukutake.(Beck, Alan) |
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Att: 1
Exhibit State v Weldon,
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Att: 2
Exhibit Docket State v. Adrian Sugiyama.,
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Att: 3
Exhibit Complaint State v. Adrian Sugiyama.,
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Att: 4
Exhibit Antonyuk v. Hochul II,
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Att: 5
Certificate of Service
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| Thursday, November 10, 2022 | ||
| 23 | 23
respm
Reply
Thu 11/10 4:15 PM
REPLY re22 Memorandum in Opposition to Motion,18 MOTION to Dismiss for Lack of Jurisdiction filed by Holly T. Shikada.(McLean, Nicholas) |
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Att: 1
Certificate of Service
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| Friday, October 28, 2022 | ||
| 22 | 22
21
pgs
respm
Memorandum in Opposition to Motion
Fri 10/28 5:02 PM
MEMORANDUM in Opposition re18 MOTION to Dismiss for Lack of Jurisdiction filed by Justin Solomon, Todd Yukutake.(Holcomb, Richard) |
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Att: 1
Exhibit Antonyuk v. Bruen,
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Att: 2
Exhibit Sullivan v. Ferguson,
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Att: 3
Certificate of Service
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| Monday, October 24, 2022 | ||
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minutes
Link 2 - Set Hearings
Mon 10/24 3:15 PM
EO: Given the18 MOTION to Dismiss for Lack of Jurisdiction, the Telephonic Rule 16 Scheduling Conference previously set for October 25, 2022 IS CONTINUED TO December 8, 2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by December 1, 2022. Parties are to participate via telephone through our NEW ZOOM Teleconference . Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-833-568-8864 Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Monday, October 03, 2022 | ||
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notice
Notice of Hearing on Motion
Mon 10/03 4:20 PM
NOTICE OF HEARING MOTION:18 Defendant's Motion to Dismiss Under FRCP Rule 12(b)(1)is SET for hearing before JUDGE JILL A. OTAKE at 10:00 AM on 12/1/22. Opposition is due 10/28/22, Reply is due 11/10/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below: 1. Dial 1-650-479-3207. 2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm) Modified on 10/3/2022 (shm) |
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| Friday, September 23, 2022 | ||
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minutes
Link 1 - Terminate Hearings 2 - Set Hearings
Fri 09/23 8:15 AM
EO: In light of the18 MOTION to Dismiss for Lack of Jurisdiction, the Telephonic Rule 16 Scheduling Conference previously set for September 26, 2022 IS CONTINUED TO October 25, 2022 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by October 18, 2022. In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our NEW ZOOM Teleconference . Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Wednesday, September 21, 2022 | ||
| 18 | 18
motion
Dismiss/Lack of Jurisdiction
Wed 09/21 3:52 PM
MOTION to Dismiss for Lack of Jurisdiction Nicholas Matthew McLean appearing for Defendant Holly T. Shikada(McLean, Nicholas) |
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Att: 1
Memorandum In Support of Motion,
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Att: 2
Declaration,
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Att: 3
Certificate of Service
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| Wednesday, September 14, 2022 | ||
| 17 | 17
misc
Scheduling Conference Statement
Wed 09/14 4:16 PM
Scheduling Conference Statement by Holly T. Shikada.(McLean, Nicholas) |
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Att: 1
Certificate of Service
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| 16 | 16
notice
Notice of Appearance
Wed 09/14 10:01 AM
NOTICE of Appearance by Kaliko'onalani D. Fernandes on behalf of Holly T. Shikada on behalf of Holly T. Shikada.(Fernandes, Kaliko'onalani) |
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Att: 1
Certificate of Service
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| Tuesday, September 13, 2022 | ||
| 15 | 15
notice
Notice of Appearance
Tue 09/13 4:55 PM
NOTICE of Appearance by Nicholas Matthew McLean on behalf of Holly T. Shikada on behalf of Holly T. Shikada.(McLean, Nicholas) |
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Att: 1
Certificate of Service
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| Wednesday, September 07, 2022 | ||
| 14 | 14
respoth
Amended Answer to Complaint
Wed 09/07 11:55 AM
AMENDED ANSWER to Verified Complaint for Declaratory and Injunctive Relief 1 Complaint, by Holly T. Shikada.(Moser, Kendall) |
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Att: 1
Certificate of Service
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| Thursday, September 01, 2022 | ||
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misc
Incorrect Event
Thu 09/01 8:30 AM
ADVISORY ENTRY - Incorrect Event - Please be advised that an incorrect filing event was selected for docket entry11 Scheduling Conference Statement. The docket text has been modified. For the filing party's future reference, a helpful tool in determining the correct filing event is the "SEARCH" option located on the CM/ECF tool bar. A text window will appear wherein the filer may type in the word that describes the filing. (jni) |
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| Wednesday, August 31, 2022 | ||
| 13 | 13
misc
Scheduling Conference Statement
Wed 08/31 5:21 PM
Scheduling Conference Statement by Justin Solomon, Todd Yukutake.(Holcomb, Richard) |
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Att: 1
Certificate of Service
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| 12 | 12
misc
Scheduling Conference Statement
Wed 08/31 10:33 AM
Scheduling Conference Statement by Justin Solomon, Todd Yukutake. (Holcomb, Richard) |
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| 11 | 11
misc
Scheduling Conference Statement
Wed 08/31 7:31 AM
Scheduling Conference Statement by Justin Solomon, Todd Yukutake. (Holcomb, Richard) |
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| Wednesday, August 17, 2022 | ||
| 10 | 10
answer
Answer to Complaint
Wed 08/17 9:15 AM
Defendant Holly T. Shikada, in her official capacity as Attorney General for the State of Hawaii's ANSWER to1 Complaint, by Holly T. Shikada.(Moser, Kendall) |
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Att: 1
Certificate of Service
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| Wednesday, July 27, 2022 | ||
| 9 | 9
service
Summons Returned Executed
Wed 07/27 2:43 PM
SUMMONS Returned Executed by Todd Yukutake, Justin Solomon. Holly T. Shikada served on 7/27/2022. (Beck, Alan) |
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minutes
Link
Wed 07/27 7:56 AM
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)(shm) |
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| Tuesday, July 26, 2022 | ||
| 7 | 7
service
Summons Issued
Tue 07/26 8:49 AM
Summons Issued as to Holly T. Shikada. (eta) |
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| 6 | 6
service
Summons (Proposed)
Tue 07/26 6:55 AM
Summons (Proposed) (Beck, Alan) |
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| 5 | 5
misc
Civil Waiver of Service Packet
Tue 07/26 6:53 AM
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure.(eta) |
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Att: 1
AO 398 Notice of Lawsuit and Request to Waive Service of Summons,
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Att: 2
AO 399 Waiver of Service of Summons
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| 4 | 4
1
pgs
order
Order Setting Rule 16
Tue 07/26 6:51 AM
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 9/26/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/26/2022. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (eta) |
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Att: 1
Memo from Clerk Re: Corporate Disclosures
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notice
Notice of Case Assignment
Tue 07/26 6:41 AM
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00323 JAO-KJM on all further pleadings . (eta) |
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misc
Advisory Entry
Tue 07/26 6:46 AM
ADVISORY ENTRY. Re: The entry docket number2 Summons (Proposed) filed by Todd Yukutake and Justin Solomon. Please be advised that the proposed summons does not include the attorney's name and address ("The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:..."). The filing party may resubmit the proposed summons for issuance by the Clerk. (eta) |
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| Monday, July 25, 2022 | ||
| 2 | 2
service
Summons (Proposed)
Mon 07/25 7:28 PM
Summons (Proposed) (Beck, Alan) |
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| 1 | 1
cmp
Complaint
Mon 07/25 7:24 PM
COMPLAINT against Todd Yukutake ( Filing fee $ 402 receipt number AHIDC-2712163.), filed by Todd Yukutake.(Beck, Alan) |
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Att: 1
Declaration,
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Att: 2
Declaration,
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Att: 3
Civil Cover Sheet
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