Case: R.G. v. Koller

R.G. vs. Koller

R.G. vs. Koller

R.G. vs. Koller

R.G. v. Koller

American Civil Liberties Union

COMPLAINT for damages, declaratory and injunctive relief; exhibits A-D; (Summons(es) issued) (emt) (Entered: 09/02/2005)

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 11/28/05 before Mag Judge Leslie E. Kobayashi (emt) (Entered: 09/02/2005)

EX PARTE MOTION for appointment of next friend for minor child plaintiff C. P. pursuant to Fed.R. Civ.P. 7 and 17 (c); declaration of Lois Perrin referred to Mag Judge Leslie E. Kobayashi (emt) (Entered: 09/02/2005)

DECLARATION of Lois K. Perrin by plaintiffs (SEALED) (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 250.00, receipt # 231284 (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 225.00, receipt # 231285 for Tamara Lange, PHV (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 225.00, receipt # 231286 for Angela L. Padilla, PHV (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 225.00, receipt # 231287 for Matthew I. Hall, PHV (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 225.00, receipt # 231288 for Marilyn D. Martin−Culver, PHV (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 225.00, receipt # 231289 for Ashleigh E. Aitken (emt) (Entered: 09/02/2005)

FILING FEE PAID in the amount of $ 250.00, receipt # 231284 (emt)

FILING FEE PAID in the amount of $ 225.00, receipt # 231285 for Tamara Lange, PHV (emt)

FILING FEE PAID in the amount of $ 225.00, receipt # 231286 for Angela L. Padilla, PHV (emt)

FILING FEE PAID in the amount of $ 225.00, receipt # 231287 for Matthew I. Hall, PHV (emt)

FILING FEE PAID in the amount of $ 225.00, receipt # 231288 for Marilyn D. Martin-Culver, PHV (emt)

FILING FEE PAID in the amount of $ 225.00, receipt # 231289 for Ashleigh E. Aitken (emt)

APPLICATION of Angela L. Padilla to appear pro hac vice ; declaration of Angela L. Padilla in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Angela L. Padilla pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/07/2005)

APPLICATION of Tamara Lange to appear pro hac vice ; declaration of Tamara Lange in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Tamara Lange pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

APPLICATION of Ashleigh E. Aitken to appear pro hac vice ; declaration of Ashleigh E. Aitken in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Ashleigh E. Aiken pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

APPLICATION of Marilyn D. Martin-Culver to appear pro hac vice ; declaration of Marilyn D. Martin-Culver in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Marilyn D. Martin-Culver pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

APPLICATION of Matthew I. Hall to appear pro hac vice ; declaration of Matthew I. Hall in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Matthew I. Hall pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

EX PARTE MOTION to seal declaration disclosing identities of plaintiffs and for permission to proceed using pseudonyms pursuant to Fed. R. Civ. P. 26(c); memorandum of law in support of ex parte motion; declaration of Lois K. Perrin - filed separately under seal; ORDER sealing declaration and granting permission to proceed using pseudonyms pursuant to Fed. R. Civ. P. (26)(c) by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs [4-1] (emt) (Entered: 09/08/2005)

ORDER appointing next friend for minor child plaintiff C. P. pursuant to Fed. R. Civ. P. 7 and 17(c) by Mag Judge Leslie E. Kobayashi [3-1] adding party plaintiff A. W. (emt) (Entered: 09/13/2005)

RETURN OF SERVICE executed upon defendant Henry Haina on 9/6/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Cynthia Hubbell on 9/6/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Kaleve Tufono-Iosefa on 9/6/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon State of Hawaii on behalf of defendant Sharon Agnew, Director of the Office of Youth Services on 9/6/05 through Melina Sanchez, Deputy Attorney General (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Lawrence Alvaro on 9/6/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Lillian Koller on 9/6/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Leila Holloway on 9/8/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Michael Kim on 9/8/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Sharon Agnew on 9/8/05 (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon State of Hawaii on behalf of defendant Kaleve Tufono-Iosefa, Hawaii Youth Correctional Facility Administrator on 9/6/05 through Melina Sanchez, Deputy Attorney General (acknowlegment not signed) (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon State of Hawaii on behalf of defendant Lillian Koller, Director of Human Services on 9/6/05 through Melina Sanchez, Deputy Attorney General (emt) (Entered: 09/14/2005)

RETURN OF SERVICE executed upon defendant Phyllis Rosete on 9/8/05 (emt) (Entered: 09/14/2005)

RETURN AND ACKNOWLEDGMENT OF SERVICE - service of complaint and summons executed upon defendant Mitch Simao, YCO, in his individual and official capacities; date of service: 9/18/05 (afc) (Entered: 09/22/2005)

RETURN AND ACKNOWLEDGMENT OF SERVICE - service of complaint and summons executed upon defendant Earlene Josiah, YCO, in her individual and official capacities; date of service: 9/15/05 (afc) (Entered: 09/22/2005)

SUBMISSION of original application for admission of Angela L. Padilla to appear pro hac vice, dated September 1, 2005 by plaintiffs [5-2] (emt) (Entered: 09/26/2005)

SUBMISSION of original application for admission of Marilyn D. Martin-Culver to appear pro hac vice, dated September 1, 2005 by plaintiffs [8-2] (emt) (Entered: 09/26/2005)

SUBMISSION of original application for admission of Matthew I. Hall to appear pro hac vice, dated September 1, 2005 by plaintiffs [9-2] (emt) (Entered: 09/26/2005)

SUBMISSION of original application for admission of Ashleigh E. Aitken to appear pro hac vice, dated September 1, 2005 by plaintiffs [7-2] (emt) (Entered: 09/26/2005)

FIRST AMENDED COMPLAINT for damages, declaratory and injunctive relief [1-1]; exhibits A-F; summons (issued) by plaintiffs - [adding defendant Richard Koehler] (emt) (Entered: 09/30/2005)

NOTICE OF MOTION and motion by plaintiffs for preliminary injunction ; memorandum in support of motion; certification of Lois K. Perrin pursuant to rule Local Rule 7.5(e); declaration of Lois K. Perrin, exhibits A-G; declaration of [R. G.], exhibit A [redacted]; declaration of [C. P.], exhibits A-B [redacted]; declaration of [J. D.], exhibits A-B [redacted]; declaration of Robert J. Bidwell, M. D., exhibits A-F [redacted]; declaration of Caitlin C. Ryan, exhibits A-B; sealed declaration of R. G., exhibit A; sealed declaration of C. P., exhibits A-B; sealed declaration of Robert J. Bidwell, M. D., exhibits A-F; certificate of service - set for 10:30 10/31/05 before Judge J. M. Seabright (SEALED) (emt) Modified on 10/11/2005 (Entered: 10/03/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 10/04/2005)

ERRATA to plaintiffs' memorandum in support of motion (filed October 3, 2005); certificate of service by plaintiffs [31-1] (emt) (Entered: 10/07/2005)

EO :Continued : [Plaintiff's Motion for Preliminary Injunction] from 11/14/2005 9:45AM to 11/21/2005 9:45 AM before JMS Ms. Perrin to prepare stipulation. [31-1] 9:45 11/21/05 ( Ct Rptr : ) JUDGE Judge J. M. Seabright (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Kaleve Tufono-Iosefa on 9/30/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Mitch Simao on 9/30/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Henry Haina on 9/30/05 - as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Robert Michael Kim on 9/30/05 - as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Lawrence Alvaro on 10/5/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Cynthia Hubbell on 10/5/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Sharon Agnew on 10/3/05 - as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Lillian Koller on 10/4/05 - as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Phyllis Rosete on 9/30/05 - as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Earlene Josiah on 9/30/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

RETURN OF SERVICE executed upon defendant Leila Holloway on 9/30/05 - as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

STIPULATION and ORDER regarding sealing of orginal filing of plaintiffs' motion for preliminary injunction and associated documents; declaration of Lois K. Perrin; exhibit A; order granted by Judge J. Michael Seabright - REDACTED VERSION of plaintiff's motion for preliminary injunction originally filed 10/3/05 [listed as exhibit A] [31-1] (emt) (Entered: 10/11/2005)

EX PARTE APPLICATION by plaintiffs for temporary restraining order to preserve documents and evidence and order to show cause ; memorandum of law in support of ex parte application and order to show cause; declaration of Lois K. Perrin in support of ex parte application and order to show cause, exhibit A; declaration of Linda Hadley [redacted], exhibit A; declaration of [J. Doe] [redacted]; ORDER [proposed] granting temporary restraining order to preserve documents and evidence and setting hearing on order to show cause; certificate of service - referred to Judge J. M. Seabright (emt) (Entered: 10/11/2005)

EO : Status Conference set for 10/12/2005 10:00AM before JMS. Notified Lois K. Perrin and Lisa Ginoza ; ( Ct Rptr : ) JUDGE Judge J. M. Seabright (emt) (Entered: 10/12/2005)

STIPULATION to continue hearing on plaintiffs' motion for preliminary injunction, briefing schedule and ORDER by Judge J. M. Seabright - setting hearing on plaintiffs' motion for preliminary injunction [31-1] 9:45 11/21/05 before Judge J. Michael Seabright (emt) (Entered: 10/12/2005)

EX PARTE MOTION by plaintiffs to seal documents disclosing identities of plaintiffs and other HYCF wards and other confidential information; memorandum of law in support of ex parte motion; declaration of Lois K. Perrin; ORDER granting ex parte motion to seal pursuant to Fed. R. Civ. P. 26 (c) by Mag Judge Leslie E. Kobayashi (emt) (Entered: 10/12/2005)

DECLARATION of C. P.; exhibits A-B by plaintiffs [31-1] (SEALED) (emt) (Entered: 10/12/2005)

DECLARATION of J. D.; exhibits A-B [31-1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

DECLARATION of R. G.; exhibit A [31-1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

DECLARATION of Robert J. Bidwell, M.D.; exhibits A-F; [31-1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 10/13/2005)

EP : Status Conference: The Court heard arguments from both parties on the plaintiff's Temporary Restraining Order and took it under advisement. ; [47-1] ( Ct Rptr : Debra Chun) JUDGE Judge J. M. Seabright (emt) (Entered: 10/14/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 10/17/2005)

EO : Status Conference set for 10/17/2005 02:15 PM before JMS () JUDGE Judge J. M. Seabright (emt) (Entered: 10/17/2005)

SUBMISSION by plaintiffs of Caitlin Conor Ryan's original signature pursuant to Local Rule 10.2(e); exhibit 1; certificate of service [31-1] (emt) (Entered: 10/20/2005)

RETURN OF SERVICE executed on 9/29/05 as to State Attorney General, received by Jocelyn Abanos, Deputy Attorney General (emt) (Entered: 10/21/2005)

EO: Status conference set for 9:00 11/1/05 before Judge J. M. Seabright by Judge J. M. Seabright (gs) (Entered: 10/31/2005)

STIPULATION as to the Ex Parte Application for temporary restraining order to preserve documents and evidence and order to show cause [47-1] filed October 11, 2005 and Order by J. Michael Seabright. (gs) (Entered: 10/31/2005)

EP : Status Conference: Discussion held regarding motion for preliminary injunction, etc. Plaintiff's Motion for Preliminary Injunction continued to January 3, 2006 at 9:00 a.m. Hearing re: Standing scheduled for November 21, 2005 at 1:30 p.m. Further status conference scheduled for Wednesday, November 2, 2005 at 2:30 p.m. [31-1] ; status conference set for 2:30 11/2/05 ; in court hearing set for 1:30 11/21/05 before Judge J. M. Seabright ( Ct Rptr : Sharon Ross) JUDGE Judge J. M. Seabright (emt) (Entered: 11/01/2005)

MEMORANDUM by defendants in opposition to plaintiffs' motion for preliminary injunction [31-1]; declaration of Kaleve Tufono-Iosefa; exhibits A through I; declaration of Sharon Agnew; declaration of Earlene Josiah; declaration of Phyllis Rosete; declaration of Cynthia Hubbell; declaration of Leila Holloway; exhibit A; declaration of Henry Haina; declaration of Mitch Simao; declaration of Ricardo Kohler; certificate of service (emt) (Entered: 11/01/2005)

EP : Status Conference: Discussion held regarding dates. Plaintiff's Motion for Preliminary Injunction rescheduled to be heard on December 20, 2005 at 9:00 a.m. [31-1] ( Ct Rptr : Sharon Ross) JUDGE Judge J. M. Seabright (emt) (Entered: 11/03/2005)

ANSWER by defendant Cynthia Hubbell to first amended complaint for damages, declaratory and injunctive relief [30-1]; certificate of service (emt) (Entered: 11/04/2005)

ANSWER by defendant Earlene Josiah to first amended complaint for damages, declaratory and injunctive relief filed September 29, 2005 [30-1]; certificate of service (emt) (Entered: 11/07/2005)

ANSWER by defendants Lillian Koller, Sharon Agnew, and Kaleve Tufono-Iosefa, in their official and individual capacities, and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim, and Koehler to plaintiffs' first amended complaint filed on September 29, 2005 [30-1] (emt) (Entered: 11/07/2005)

ANSWER by defendants Lawrence Alvaro, Leila Holloway, Michael Kim, Ricardo (incorrectly named as Richard) Koehler, Phyllis Rosete and Mitch Simao, in their individual capacities to plaintiffs' first amended complaint for damages, declaratory and injunctive relief filed September 29, 2005; certificate of service [30-1] (emt) (Entered: 11/07/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/09/2005)

DEMAND for jury trial; certificate of service by defendants Lilian Koller, Sharon Agnew and Kaleve Tufono-Iosefa, in their individual capacities and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim and Koehler, in their official capacities (emt) Modified on 11/10/2005 (Entered: 11/10/2005)

REPORT OF MEETING OF THE PARTIES PURSUANT TO FED. R. CIV. P. RULE 26 (f); certificate of service by plaintiffs (emt) (Entered: 11/14/2005)

ORIGINAL TRANSCRIPT filed ( Ct Rptr Sharon Ross) taken on 11/2/05 (emt)

SEALED SUPPLEMENTAL DECLARATION of Lois K. Perrin in support of plaintiffs' motion for preliminary injunction; exhibit 1 by plaintiffs (SEALED) [31-1] (emt) (Entered: 11/15/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/15/2005)

MEMORANDUM by defendnts in support of defendants' opposition to plaintiffs' non-hearing motion to exceed word limit for reply memorandum; declaration of John F. Molay in support of defendants' oppositon to plaintiffs' non-hearing motion to exceed word limit for reply memorandum; certificate of service [75-2] (emt) (Entered: 11/15/2005)

NOTICE of non-hearing motion; plaintiffs' motion to exceed word limit for reply memorandum ; declaration of Lois K. Perrin; ORDER by Judge J. Michael Seabright granting plaintiffs' motion to exceed word limit for reply memorandum; certificate of service (emt) (Entered: 11/15/2005)

REPLY MEMORANDUM by plaintiffs in support of motion to exced word limit [75-1], [75-2] (emt) (Entered: 11/15/2005)

REPLY MEMORANDUM in support of plaintiffs' motion for preliminary injunction; certification of word count; declaration of Paul Alston, exs. 1-6; supplemental declaration of Robert J. Bidwell, M.D., ex. 1; declaration of Carolyn J. Brown (fax), exs. 1-3; declaration of Nelson Griffis (fax), ex. 1; declaration of Linda Hadley, ex. 1; declaration of Melvea Hardy, ex. 1; declaration of Shauna Kamaka, ex. 1; declaration of Larry D. Miesner (not original), ex. 1; supplemental declaration of Lois K. Perrin, exs. 1-3; declaration of David Roush (fax), ex. 1; certificate of service [75-2],[31-1] (emt) (Entered: 11/15/2005)

EO : Hearing re: Standing set for November 21, 2005 @l:30 p.m. will now be set for 2:15 p.m. on the same day before Judge Seabright. cc: All Counsel of Record by Fax ; in court hearing set for 2:15 11/21/05 before Judge J. M. Seabright () JUDGE Judge J. M. Seabright (emt) (Entered: 11/18/2005)

ANSWER by defendant Henry Haina to first amended complaint for damages, declaratory and injunctive relief filed on September 29, 2005 [30-1]; demand for jury trial; certificate of service (emt) (Entered: 11/21/2005)

SUPPLEMENTAL REPORT ON MEETING OF THE PARTIES pursuant to Federal Rule of Civil Procedure 26(f); certificate of service by defendant Henry Haina (emt) (Entered: 11/21/2005)

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/21/2005)

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendants Lawrence Alvaro, Leila Holloway, Robert Michael Kim, Richard Koehler, Phyllis Rosete and Mitch Simao (emt) (Entered: 11/21/2005)

STIPULATION and ORDER regarding filing of declaration of Devon Enesa and second supplemental declaration of Lois K. Perrin; exhibits A-B - granted by Judge J. M. Seabright [31-1] (emt) (Entered: 11/21/2005)

INITIAL DISCLOSURE statement of defendant Earlene Josiah in her individual capacity; certificate of service by defendant Earlene Josiah (emt) (Entered: 11/21/2005)

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant Earlene Josiah (emt) (Entered: 11/21/2005)

INITIAL DISCLOSURES of defendants Lawrence Alvaro, Leila Holloway, Robert Michael Kim, Richardo Koehler, Phyllis Rosete and Mitch Simao, in their individual capacities, pursuant to Fed. R. Civ. P. Rule 26(a)(1); certificate of service (emt) (Entered: 11/21/2005)