Case: Santos v. Kimoto

1:12-cv-00259 | U.S. District Court for the District of Hawaii

Filed Date: May 15, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 15, 2012, four women represented by the ACLU filed suit in the U.S. District Court for the District of Hawaii against state officials in Hawaii's Department of Public Safety under 42 U.S.C. § 1983 for interference with their 14th Amendment right to marry. The four women's fiancés were prisoners in Hawaii's custody (though some were in Arizona prisons) and were required to complete an application to have their marriage approved. The women alleged that this burden on their right to marry …

On May 15, 2012, four women represented by the ACLU filed suit in the U.S. District Court for the District of Hawaii against state officials in Hawaii's Department of Public Safety under 42 U.S.C. § 1983 for interference with their 14th Amendment right to marry. The four women's fiancés were prisoners in Hawaii's custody (though some were in Arizona prisons) and were required to complete an application to have their marriage approved. The women alleged that this burden on their right to marry was imposed without a legitimate state interest. The ACLU, which had previously intervened on behalf of an unrelated prisoner who had been denied marriage approval because of his status, had been given assurances that a new policy would be promulgated and followed to prevent unconstitutional denials of marriage. The women alleged that the various officials continued even under the new policy to deny marriage on the basis of prisoner status. Plaintiffs sought monetary, declarative and injunctive relief, including damages and attorneys' fees.

On May 29, 2012, Plaintiffs filed an amended motion for a preliminary injunction and an amended complaint that dropped one of the women from the case. On June 5, 2012, Defendants filed motions to dismiss Plaintiffs' claims for lack of jurisdiction and failure to join a required party, claiming that the women could not sue to advance the prisoners' marriage interests and that the prisoners should have been joined in the suit. On July 5, 2012, the parties stipulated to dismiss a second plaintiff from the case. The parties then stipulated to various facts on July 9, 2012.

On July 19, 2012, the district court (Judge Susan Oki Mollway) denied the state's motion to dismiss, ruling that Plaintiffs had standing because they were seeking redress for infringement of their own rights to marry and that the prisoners were not required parties. On August 2, 2012, the court granted Plaintiffs' motion for a preliminary injunction, requiring the state to allow Plaintiffs to marry their fiancés without further interference and without reapplication. 2012 WL 3202222.

On May 28, 2013, the district court approved the parties' stipulation for dismissal with prejudice. Because of the preliminary injunction, the remaining plaintiffs had married their fiancés. The parties came to a settlement that included damages, attorneys' fees, and a mild policy change. Under the settlement, Defendants were to pay $86,871.21 ($25,000 to both plaintiffs, $35,000 in fees to the ACLU, and $1871.21 in costs to the ACLU); the new marriage policy was to be included in marriage application materials; and the Director of Public Safety was to issue an internal memorandum instructing officials to presume marriage applications should be approved unless they violate the policy. The case is closed.

Summary Authors

Kenneth Gray (7/9/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4948430/parties/aliviado-v-kimoto/


Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Gluck, Daniel M (Hawaii)

Molay, John F. (Hawaii)

Perrin, Lois K (Hawaii)

Temple, Laurie A. (Hawaii)

Attorneys(s) for Defendant

Inagaki, Caron M. (Hawaii)

Louie, David M. (Hawaii)

Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Gluck, Daniel M (Hawaii)

Molay, John F. (Hawaii)

Perrin, Lois K (Hawaii)

Temple, Laurie A. (Hawaii)

Attorneys(s) for Defendant

Inagaki, Caron M. (Hawaii)

Louie, David M. (Hawaii)

Documents in the Clearinghouse

Document

1:12-cv-00259

CIVIL DOCKET FOR CASE #: 1:12−cv−00259−SOM−BMK

Aliviado v. Kimoto

Sept. 6, 2012

Sept. 6, 2012

Docket
1

1:12-cv-00259

Complaint for Damages and Declaratory and Injunctive Relief; Summons in a Civil Case

May 15, 2012

May 15, 2012

Complaint
9

1:12-cv-00259

Amended Complaint for Damages and Declaratory and Injunctive Relief

May 29, 2012

May 29, 2012

Complaint
48

1:12-cv-00259

Stipulated Facts

July 10, 2012

July 10, 2012

Pleading / Motion / Brief

1:12-cv-00259

Order Denying Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Denying Defendants' Motion to Dismiss for Inability to Join Required Parties

Aliviado v. Kimoto

July 19, 2012

July 19, 2012

Order/Opinion
64

1:12-cv-00259

Order Granting Plaintiffs' Motion for a Preliminary Injunction

Aliviado v. Kimoto

Aug. 2, 2012

Aug. 2, 2012

Order/Opinion
79

1:12-cv-00259

Stipulation for Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41(A)(1)(A)(Ii) and 41(A)(2) and [Proposed] Order

May 28, 2013

May 28, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4948430/aliviado-v-kimoto/

Last updated Aug. 25, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF; Summons (issued) in a Civil Case against Shari Kimoto, Jeanette Baltero, Jodie Maesaka−Hirata Does 1−30 − filed by Lenora Santos, Junell Faith Aliviado, Jamiquia Glass, Margaret Amina. (Attachments: # 1 Civil Cover Sheet)(emt, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

61

ORDER (1) DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND (2) DENYING DEFENDANTS' MOTION TO DISMISS FOR INABILITY TO JOIN REQUIRED PARTIES re 21 ; 22 - - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/19/1 2. (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

July 19, 2012

July 19, 2012

RECAP
2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 8/13/2012 before Judge BARRY M. KURREN − Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/15/12. (Attachments: # 1 Memo from Clerk: Corporate Disclosure Statements)(emt, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

3

Filing fee: $ 350, receipt number HI003764 re 1 Complaint. (emt, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

4

MOTION for Preliminary Injunction − Laurie Ann Temple, Daniel M. Gluck, Lois K. Perrin appearing for Plaintiffs Junell Faith Aliviado, Margaret Amina, Jamiquia Glass, Lenora Santos (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Lenora Santos, # 3 Exhibit 1, # 4 Declaration of Junell Faith Aliviado, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Declaration of Jamiquia Glass, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Declaration of Margaret Amina, # 14 Declaration of Daniel M. Gluck, # 15 Exhibit 1, # 16 Exhibit 2, # 17 Exhibit 3, # 18 Exhibit 4, # 19 Exhibit 5, # 20 Exhibit 6, # 21 Certification of Word Count Pursuant to Local Rule 7.5(e))(emt, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

5

NOTICE of Appearance by John F. Molay on behalf of Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata on behalf of Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

6

SUMMONS Returned Executed by Jamiquia Glass, Lenora Santos, Margaret Amina, Junell Faith Aliviado. All Defendants, Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata served on 5/16/2012; answer due 6/6/2012 . (Gluck, Daniel) Modified on 5/21/2012 (emt, ). (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

7

NOTICE of Hearing on Motion 4 MOTION for Preliminary Injunction :. Motion Hearing set for 6/20/2012 01:30 PM before JUDGE SUSAN OKI MOLLWAY. (tbf, ) CERTIFICATE OF SERVICE Participants 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)

May 18, 2012

May 18, 2012

8

Letter to Counsel, dated May 18, 2012 −− re Realtime Court Reporting Services for hearing on Motion for Preliminary Injunction set for 6/20/12 at 1:30 pm. (emt, ) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

9

AMENDED COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Jamiquia Glass, Lenora Santos, Junell Faith Aliviado. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) Modified on 5/30/2012 (emt, ). (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

10

Amended MOTION for Preliminary Injunction Daniel M. Gluck appearing for Plaintiffs Junell Faith Aliviado, Jamiquia Glass, Lenora Santos (Attachments: # 1 Memorandum, # 2 Declaration Lenora Santos, # 3 Exhibit 1 to Santos Decl., # 4 Declaration Junell Aliviado, # 5 Exhibit 1 to Aliviado Decl., # 6 Exhibit 2 to Aliviado Decl., # 7 Declaration Jamiquia Glass, # 8 Exhibit 1 to Glass Decl., # 9 Exhibit 2 to Glass Decl., # 10 Exhibit 3 to Glass Decl., # 11 Exhibit 4 to Glass Decl., # 12 Exhibit 5 to Glass Decl., # 13 Declaration Daniel Gluck, # 14 Exhibit 1 to Gluck Decl., # 15 Exhibit 2 to Gluck Decl., # 16 Exhibit 3 to Gluck Decl., # 17 Exhibit 4 to Gluck Decl., # 18 Exhibit 5 to Gluck Decl., # 19 Exhibit 6 to Gluck Decl., # 20 Certificate of Service)(Gluck, Daniel) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

11

NOTICE of Dismissal of Plaintiff Margaret Amina. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

12

NOTICE of Hearing on Motion 10 Amended MOTION for Preliminary Injunction :. Motion Hearing set for 7/12/2012 01:30 PM before JUDGE SUSAN OKI MOLLWAY. (tbf, ) CERTIFICATE OF SERVICE Participants 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: 05/31/2012)

May 31, 2012

May 31, 2012

13

Letter Re Realtime Court Reporting Services as to the Amended Motion for Preliminary Injunction set for 7/12/2012 at 1:30 pm. (emt, ) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

14

WITHDRAWAL WITHOUT PREJUDICE OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION FILED MAY 15, 2012 re 4 MOTION for Preliminary Injunction by Jamiquia Glass, Lenora Santos, Junell Faith Aliviado (Attachments: # 1 Certificate of Service)(Gluck, Daniel) Modified on 6/4/2012 (emt, ). (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

15

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Admissions from Jeanette Baltero (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

16

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Production of Documents from Jeanette Baltero (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

17

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Admissions from Shari Kimoto (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

18

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Production of Documents from Shari Kimoto (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

19

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Admissions from Jodie Maesaka−Hirata (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

20

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Request for Production of Documents from Jodie Maesaka−Hirata (Gluck, Daniel) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

21

MOTION to Dismiss for Lack of Subject Matter Jurisdiction John F. Molay appearing for Defendants Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata (Attachments: # 1 Memorandum in Support, # 2 Declaration of Shari Kimoto, # 3 Certificate of Service)(Molay, John) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

22

MOTION to Dismiss for Inability to Join Required Party John F. Molay appearing for Defendants Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata (Attachments: # 1 Memorandum in Support, # 2 Declaration of Shari Kimoto, # 3 Exhibit A, # 4 Certificate of Service)(Molay, John) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

23

MOTION to Shorten Time to hear Motion re 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction , 22 MOTION to Dismiss for Inability to Join Required Party John F. Molay appearing for Defendants Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata (Attachments: # 1 Declaration of John F. Molay, # 2 Certificate of Service)(Molay, John) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

25

NOTICE of Hearing:.A Telephone Conference set for 6/14/2012 11:15 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, ) CERTIFICATE OF SERVICE Participants 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: 06/14/2012)

June 14, 2012

June 14, 2012

26

EP: Telephone Conference − held in chambers.Discussion held re: defendants motions to dismiss 21 22 and the motion to shorten time to hearing defendants motions to dismiss 23 that were filed.Mr. Molay to research whether or not the motion to dismiss for lack of subject matter jurisdiction falls under rule 12(b)(1) or 12(b)(6).Parties to meet and discuss this issue.The Motion to Shorten Time to Hear Defendants Motions to Dismiss 23 − Granted.Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction 21 and Defendants Motion to Dismiss for Inability to Join Required Party 22 are set for 7/12/12 @ 1:30 p.m.Plaintiffs to file an opposition by 6/25/12.Defendants to file a reply by 6/28/12.If there is any change to the schedule, parties to send a letter to the Court.Mr. Molay to notify the Court asap if he intends to file a withdrawal of motion.granting 23 Motion to Shorten time to hear Motion; Telephone Conference held on 6/14/2012. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) No COS issued for this docket entry (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

27

NOTICE by Jeanette Baltero, Jodie Maesaka−Hirata, Shari Kimoto re 26 Order on Motion to Shorten time to hear Motion, Telephone Conference,,,,,,,, Regarding Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction Jeanette Baltero, Jodie Maesaka−Hirata, Shari Kimoto. (Molay, John) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

28

EO: At the request of the parties, Rule 16 Scheduling Conference set for 8/13/2012 is continued to 9/5/2012 @ 9:00 AM before Judge BARRY M. KURREN. Scheduling Conference Statements are due by 8/29/2012. (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 06/18/2012)

June 18, 2012

June 18, 2012

29

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

30

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Notice of Deposition Upon Oral Examination of Designated Representative of Department of Public Safety Pursuant to Fed. R. Civ. P. 30(b)(6), Exhibits "A" and "B" (Gluck, Daniel) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

31

CERTIFICATE OF SERVICE by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos Plaintiffs' Initial Disclosures (Gluck, Daniel) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

32

INITIAL DISCLOSURE by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

33

Return of Service on Subpoena Designated Representative of the State of Hawaii Department of Public Safety was served on 6/18/12 (Gluck, Daniel) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

35

MEMORANDUM in Opposition re 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

36

MEMORANDUM in Opposition re 22 MOTION to Dismiss for Inability to Join Required Party filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

37

REPLY MEMORANDUM in Support of 10 Amended MOTION for Preliminary Injunction filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos. (Attachments: # 1 Declaration of Laurie A. Temple, # 2 Certificate of Service)(Gluck, Daniel) Modified on 6/29/2012 (emt, ). (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

38

REPLY to Plaintiffs' Opposition to 21 Defendants' MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 6/29/2012 (emt, ). (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

39

REPLY to Plaintiffs' Opposition to 22 Defendants' MOTION to Dismiss for Inability to Join Required Party filed by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 6/29/2012 (emt, ). (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

40

RESPONSE to Request for Letter Briefs filed by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Molay, John) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

ADVISORY ENTRY. The entry docket number 40 Letter Brief Re: Objections to Discovery filed by Jodie Maesaka−Hirata, Jeanette Baltero, Shari Kimoto was filed incorrectly in this case. Please be advised that letters should not be filed in CM/ECF, rather, they should be delivered to the respective judge's chambers. No further action necessary. (emt, ) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

41

STIPULATION to Dismiss Plaintiff Lenora Santos Without Prejudice by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

42

EP: Telephonic Discovery Conference held.The Court rules as follows:(1) As to prisoners' files, Defendants are required to disclose information that would otherwise be discoverable, notwithstanding any law protecting the privacy of those prisoner records to the contrary; and(2) Plaintiff's request relating to marriage applications of other prisoners and their fiancees is denied without prejudice to further consideration pursuant to a motion to compel or for protective order. (Chambers no record 1:48−2:06pm.) (Judge BARRY M. KURREN)(kur2) CERTIFICATE OF SERVICE Participants 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: 07/05/2012)

July 5, 2012

July 5, 2012

ADVISORY ENTRY. If the filing party has not already done so, the 41 Stipulation of Dismissal of Plaintiff Lenora Santos Pursuant to Fed.R.Civ.P.41(a) filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos may be submitted to Chief Judge Susan Oki Mollway for approval. The filing party may refer to LR100.9.1. Proposed Orders, LR100.9.2. E−mailing of Proposed Orders and Stipulations and LR100.9.3. E−mail addresses for order and stipulation submission to Chambers. (emt, ) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

45

Transmittal Memorandum from Daniel M. Gluck, Esq. −− re payment for Pro Hac Vice applications of Stanford J. Rosen, Esq., Ernest Galvan, Esq. and Kenneth M. Walczak, Esq., dated July 5, 2012. (emt, ) (Additional attachment(s) added on 7/6/2012: # 1 Main Document) (emt, ). Modified on 7/6/2012 −− image removed; entered in CV 12−00340 SOM−KSC. (emt, ). (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

46

Proposed Findings of Fact. filed by Junell Faith Aliviado, Jamiquia Glass. (Attachments: # 1 Second Declaration of Daniel M. Gluck, # 2 Exhibit 1 to Second Declaration of Daniel M. Gluck, # 3 Exhibit 2 to Second Declaration of Daniel M. Gluck, # 4 Exhibit 3 to Second Declaration of Daniel M. Gluck, # 5 Certificate of Service)(Gluck, Daniel) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

47

Proposed Findings of Fact. filed by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

48

STIPULATION re 10 Amended MOTION for Preliminary Injunction Stipulation of Facts and Exhibits for Hearing on Plaintiffs' Amended Motion for Preliminary Injunction by Junell Faith Aliviado, Jamiquia Glass. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

49

RESPONSE to Plaintiffs' Deposition Designations [dkt no. 46 ] − filed by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 7/11/2012 (emt, ). (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

50

Plaintiffs' Testimony for Hearing on Motion for Preliminary Injunction ( Direct Testimony by Declaration/Deposition Excerpt of Junell Faith Aliviado, Jamiquia Glass, and Shari Kimoto in Advance of Hearing on Motion ) re 10 Amended MOTION for Preliminary Injunction filed by Junell Faith Aliviado and Jamiquia Glass (Attachments: # 1 Certificate of Service)(Gluck, Daniel) Modified on 7/11/2012 (emt, ). (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

51

CERTIFICATE OF SERVICE by Shari Kimoto Certificate of Service Re: Defendant Shari Kimoto's Response to Plaintiffs' First Request For Admissions from Shari Kimoto (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

52

CERTIFICATE OF SERVICE by Jeanette Baltero Certificate of Service Re: Defendant Jeanette Baltero's Response to Plaintiffs' First Request for Admissions from Jeanette Baltero (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

53

CERTIFICATE OF SERVICE by Jodie Maesaka−Hirata Certificate of Service Re: Defendant Jodie Maesaka−Hirata's Response to Plaintiffs' First Request for Admissions from Jodie Maesaka−Hirata (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

54

CERTIFICATE OF SERVICE by Shari Kimoto Certificate of Service Re: Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata's Response to Plaintiffs' First Request for Productiion of Documents to Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

55

CERTIFICATE OF SERVICE by Shari Kimoto Certificate of Service Re: Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata's Supplemental Response to Plaintiffs' First Request for Production of Documents to Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

56

CERTIFICATE OF SERVICE by Shari Kimoto Certificate of Service Re: Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata's Second Supplemental Response to Plaintiffs' First Requst for Production of Documents to Defendants Shari Kimoto, Jeanette Baltero and Jodie Maesaka−Hirata (Molay, John) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

57

Defendants' NOTICE of Submission of Testimony by Jeanette Baltero, Jodie Maesaka−Hirata, Shari Kimoto . (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 7/12/2012 (emt, ). (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

58

Letter addressed to Courtroom Managers Toni Fujinaga and Leslie Sai from Daniel Gluck, Esq., dated July 5, 2012 −− re "Attorney, Witness, and Exhibit List for Hearing on Plaintiffs' Motion for Preliminary Injunction, July 12, 2012 at 1:30 p.m.". (emt, ) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

59

EP: : Amended Motion for Preliminary Injunction 10 (Evidentiary hearing); Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction 21 and Defendants Motion to Dismiss for Inability to Join Required Party 22 −Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction 21 and Defendants Motion to Dismiss for Inability to Join Required Party 22 − Arguments.Defendants prepare an order.Defendants Motion to Dismiss for Inability to Join Required Party 22 − taken under advisement. Court to prepare an order.Amended Motion for Preliminary Injunction 10 −Declaration of Junell Faith Aliviado − no objection by the defendant. Court receives the declaration in lieu of direct testimony. No cross examination.Declaration of Jamiquia Glass − no objection by the defendant. Court receives the declaration in lieu of direct testimony. No cross examination.Excerpts of deposition of Shari Kimoto − objections − arguments − overruled.Court receives the excerpts of deposition of Shari Kimoto as her direct testimony.Stipulated Facts − plaintiff orally amends the stipulated facts − no objection by the defendant − received by the Court.Declaration of Lori Temple − no objection by the defendant. Court receives the declaration in lieu of direct testimony. No cross examination.Declaration of Shari Kimoto − no objection by the plaintiff. Court receives the declaration in lieu of direct testimony.Discussion held re: objections to exhibits to the stipulated facts (1 − 14) − overruled and received by the Court.Re: excerpts of deposition of Shari Kimoto −Shari Kimoto CST for cross examination and re direct examination.Arguments.Amended Motion for Preliminary Injunction 10 − taken under advisement.Court to issue a written order. denying 21 Motion to Dismiss; Evidentiary Hearing held on 7/12/2012; Motion Hearing held on 7/12/2012 re 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Jodie Maesaka−Hirata, Jeanette Baltero, Shari Kimoto, 22 MOTION to Dismiss for Inability to Join Required Party filed by Jodie Maesaka−Hirata, Jeanette Baltero, Shari Kimoto, 10 Amended MOTION for Preliminary Injunction filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos ; Motions Taken Under Advisement: 22 MOTION to Dismiss for Inability to Join Required Party , 10 Amended MOTION for Preliminary Injunction. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) No COS issued for this docket entry (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

60

(RE HEARING ON: MOTION FOR PRELIMINARY INJUNCTION) EXHIBIT LIST − filed by Junell Faith Aliviado, Jamiquia Glass, Lenora Santos.(emt, ) (Entered: 07/13/2012)

July 12, 2012

July 12, 2012

62

ANSWER to 9 Amended Complaint, by Jeanette Baltero, Shari Kimoto, Jodie Maesaka−Hirata. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

63

Defendants Shari Kimoto and Jeannette Baltero's MOTION for Substitution of Parties John F. Molay appearing for Plaintiff Junell Faith Aliviado, Defendants Shari Kimoto, Jeanette Baltero (Attachments: # 1 Supplement Memorandum of Law, # 2 Certificate of Service)(Molay, John) Modified on 7/31/2012 (emt, ). (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

65

NOTICE of Hearing on 63 Defendants Shari Kimoto And Jeanette Baltero's Motion For Substitution Of Parties set for 9/5/2012 @ 09:00 AM before Judge BARRY M. KURREN. (tyk) CERTIFICATE OF SERVICE Participants 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: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

66

STATEMENT of No Opposition to 63 Defendants Shari Kimoto and Jeanette Baltero's Motion for Substitution of Parties filed by Junell Faith Aliviado, Jamiquia Glass. (Attachments: # 1 Certificate of Service)(Temple, Laurie) Modified on 8/16/2012 (emt, ). (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

67

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Gluck, Daniel) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

68

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

69

EO: The Hearing re 63 Motion to Substitute Party and the Rule 16 Scheduling Conference set for 9/5/2012 are CONTINUED to 2:30 PM on the same day before Judge Barry M. Kurren. (Judge BARRY M. KURREN)(kur1) CERTIFICATE OF SERVICE Participants 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: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

70

EO: "MINUTE ORDER" − Plaintiffs do not oppose 63 Defendants Shari Kimoto and Jeanette Baltero's Motion For Substitution Of Parties. Accordingly, 63 Defendants Shari Kimoto and Jeanette Baltero's Motion For Substitution Of Parties is GRANTED and Terminated. The hearing on the motion, set for 9/5/2012 before Judge BARRY M. KURREN, is VACATED. Jodie Maesaka−Hirata as a party defendant in this case in her official capacity as the Interim Director of the Department of Public Safety is hereby replaced by Ted Sakai. (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

71

EO: Rule 16 Scheduling Conference set for 9/5/2012 is continued to 9/6/2012 @ 9:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

72

EP: Rule 16 Scheduling Conference was held. New dates and deadlines are given below. Court to prepare scheduling order. Bench Trial set for 7/2/2013 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 5/21/2013 09:30 AM before Judge BARRY M. KURREN. Settlement Conference set for 10/11/2012 02:00 PM before Judge BARRY M. KURREN. Motions due by 1/30/2013. Discovery due by 5/3/2013. (C7 no record 9:09−9:14 a.m.) (Judge BARRY M. KURREN)(kur1) CERTIFICATE OF SERVICE Participants 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: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

73

RULE 16 SCHEDULING ORDER − Signed by Judge BARRY M. KURREN on 9/18/12. (emt, ) CERTIFICATE OF SERVICE Participants 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: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

74

EO: At the request of the parties, Settlement Conference set for 10/11/2012 is continued 11/15/2012 @ 02:00 PM before Judge BARRY M. KURREN. Confidential Settlement Conference Statements are due by 11/8/2012. David M. Gluck to notify the parties. (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

75

EP: Settlement Conference held. A Status Conference Re Settlement is set for 12/11/2012 at 9:00 a.m. before Judge Barry M. Kurren. (Chambers no record 2:00−2:20pm.) (Judge BARRY M. KURREN)(kur2) CERTIFICATE OF SERVICE Participants 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: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

76

EO: The Further Settlement Conference set for 12/11/2012 is MOVED to 12/5/2012 at 10:00AM before Judge BARRY M. KURREN. Daniel Gluck to notify counsel. Defense counsel shall be present with someone who has settlement authority for this case. (Judge BARRY M. KURREN)(kur2) CERTIFICATE OF SERVICE Participants 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: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

77

EP: Settlement Conference held on 12/5/2012. (In chambers; No Record; 10:00−10:20) (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

78

EP: Telephonic Status Conference Re Terms of Settlement held with Plaintiff Jamiquia Glass. (Chambers no record 2:15−2:30pm.) (Judge BARRY M. KURREN)(kur2) CERTIFICATE OF SERVICE Participants 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: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

EO: Case settled per John Molay. The Final Pretrial Conference Date of 5/21/2013 and Non Jury Trial Date of 7/2/2013 are vacated. Stipulation For Dismissal due by 5/24/2013. (Judge BARRY M. KURREN)(tyk) CERTIFICATE OF SERVICE Participants 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: 05/20/2013)

May 20, 2013

May 20, 2013

79

STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED.R.CIV.P. 41(a)(1)(A)(ii) AND 41(a)(2) AND [PROPOSED] ORDER − Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/28/13. "IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective attorneys, that pursuant to Rule 41(a)(1)(A)(ii) and 41(a)(2) of the Federal Rules of Civil Procedure, this action and all claims asserted herein by Plaintiffs against any and all Defendants, be and is hereby dismissed with prejudice, each party to bear any remaining costs and attorneys' fees other than the amounts to be paid pursuant to the Settlement Agreement, Release and Indemnity Agreement ("Settlement Agreement")." (emt, ) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

COURT'S CERTIFICATE of Service − a copy of 79 STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED.R.CIV.P. 41(a)(1)(A)(ii) AND 41(a)(2) AND [PROPOSED] ORDER has been served on May 29, 2013. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (emt, ) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

64

ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION re 10 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/1/12. (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

Aug. 2, 2012

Aug. 2, 2012

RECAP

Case Details

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four women who were unable to marry their imprisoned fiances had been denied the approval that Hawaii's Department of Public Safety requires for prisoners to marry.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hawaii, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $86,871.21

Order Duration: 2013 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Marriage

Type of Facility:

Government-run