Case: Felix v. Lingle

Felix v. Waihee

Felix v. Waihee

Felix v. Cayetano

No Court

Felix v. Cayetano

No Court

Felix v. Cayetano

No Court

No Court

COMPLAINT for declaratory and injunctive relief; (Summons(es) issued) (ma) (Entered: 05/17/1993)

ORDER by Judge Alan C. Kay rule 16 conference set for 8:30 8/2/93 before Mag Judge Francis I. Yamashita (ma) (Entered: 05/17/1993)

RETURN OF SERVICE executed upon defendant John Waihee in his official capacity on 5/5/93 (ma) (Entered: 05/17/1993)

RETURN OF SERVICE executed upon defendant Charles Toguchi in his official capacity on 5/5/93 (ma) (Entered: 05/17/1993)

RETURN OF SERVICE executed upon defendant Charles Toguchi, individually, on 5/5/93 (ma) (Entered: 05/17/1993)

RETURN OF SERVICE executed upon defendant John C. Lewin, in his official capacity, on 5/5/93 (ma) (Entered: 05/17/1993)

RETURN OF SERVICE executed upon defendant John C. Lewin, individually, on 5/5/93 (ma) (Entered: 05/17/1993)

STIPULATION by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to extend time to answer and ORDER by Judge David A. Ezra - [extended to 6/23/93] (wnn) (Entered: 06/02/1993)

STIPULATION and ORDER by Mag Judge Francis I. Yamashita : to proceed without disclosure of plaintiffs' full names (wnn) (Entered: 06/08/1993)

EO : rule 16 conference moved to 8:30 8/30/93 before Mag Judge Francis I. Yamashita ; (working on informal settlement); Ms. Charlene Aina to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 07/23/1993)

STIPULATION to file first amended complaint for declaratory and injunctive relief; and ORDER by Mag Judge Francis I. Yamashita - on behalf of plaintiff (tbf) (Entered: 08/06/1993)

First AMENDED COMPLAINT for declaratory and injunctive relief [1-1] by plaintiff; adding Waikiki Health Cente, HI Public Health Ass, HI Psychiatric Medic, Pacific Head Injury (tbf) (Entered: 08/06/1993)

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin (tbf) (Entered: 08/23/1993)

SCHEDULING CONFERENCE STATEMENT by plaintiff (tbf) (Entered: 08/24/1993)

EP : ; status conference set for 9:00 12/22/93 before Mag Judge Francis I. Yamashita ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 08/31/1993)

REPORT OF SCHEDULING CONFERENCE AND ORDER Mag Judge Francis I. Yamashita (tbf) (Entered: 08/31/1993)

CERTIFICATE of service (wnn) (Entered: 11/10/1993)

SECOND AMENDED COMPLAINT [12-1]; adding Natl Assoc Social Wo, Kihei Youth Center, Hi Youth Services Ne, Hi Psychological Assoc, Hawaii Council of Ch, Hi Council of Child, Hi Families As Allies; certificate of service (wnn) (Entered: 11/30/1993)

ANSWER by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to second amended complaint [18-1]; certificate of service (wnn) (Entered: 12/16/1993)

CERTIFICATE of service (wnn) (Entered: 12/16/1993)

NOTICE OF MOTION and motion by plaintiff for class certification ; memorandum in support of motion; declaration of Shelby Anne Floyd; declaration of Carl M. Varady; declaration of Jennifer Schember-Lang; declaration of Susan Cooper; exhibits "a"-"c"; certificate of service - set for 9:45 2/14/94 before Judge David A. Ezra (tbf) (Entered: 12/21/1993)

EP : ; status conference held 12/22/93 before Mag Judge Francis I. Yamashita - settlement negotiations broke down; a m/class certification filed and set sometime in Feb 1994; also a m/preliminary injunction and m/summary judgment to be filed by pltf and set sometime in March; also a m/sj to be filed by the deft; motions cutoff date to be extended (date to be worked out between parties); any access to files to be stipulated to by Mr. Seitz and Ms. Aina ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 12/27/1993)

NOTICE of hearing: continuing hearing on motion for class certification [21-1] from 9:45 2/14/94 to 9:45 2/28/94 (cc: all counsel) (wnn) (Entered: 12/29/1993)

EX PARTE MOTION and PROPOSED Order by plaintiff for leave to file brief in excess of 30 pages ; declartion of Shelby Anne Floyd; certificate of service (wnn) (Entered: 12/29/1993)

NOTICE OF MOTION and motion by plaintiff for partial summary judgment and for preliminary injunction ; memorandum in support of motion; declaration of Shelby Anne Floyd; affidavit of Eric A. Seitz; exhibits "A"-"Y"; certificate of service - set for 9:00 3/28/94 before Judge David A. Ezra (wnn) (Entered: 12/29/1993)

EXHIBITS "A"-"Y" to motion for partial summary judgment and for preliminary injunction on behalf of plaintiff (wnn) (Entered: 12/29/1993)

STIPULATION for filing exhibit under seal - exhibit y to pltf's m/psj and for pi - by Judge David A. Ezra : re [25-1] - on behalf of pltfs (tbf) (Entered: 01/04/1994)

EXHIBIT y to plaintiffs' motion for partial summary judgment and for preliminary injunction - SEALED - on behalf of plaintiff (tbf) (Entered: 01/04/1994)

EX PARTE MOTION for leave to file brief in excess of 30 pages; declaration of Shelby Anne Floyd; Order; certificate of service - by Judge David A. Ezra by plaintiff re [25-1] (tbf) (Entered: 01/04/1994)

EO : ; discovery conference set for 1:30 1/18/94 before Mag Judge Francis I. Yamashita ; Mr. Seitz's secretary to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/13/1994)

STIPULATION to continue hearing on pltfs' motion for partial summary judgment and for preliminary injunction; order - by Judge David A. Ezra : setting hearing on motion for partial summary judgment and for preliminary injunction [25-1] 9:00 4/4/94 - on behalf of defts (tbf) (Entered: 01/13/1994)

ORDER to Department of Health for release of records - by Mag Judge Francis I. Yamashita - on behalf of pltfs (tbf) (Entered: 01/21/1994)

EP : ; discovery conference held 1/18/94 before Mag Judge Francis I. Yamashita - order to dept of Health for release of records submitted ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/27/1994)

EO : ; discovery conference set for 8:30 1/25/94 before Mag Judge Francis I. Yamashita ; Mr. Chang to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/27/1994)

EX PARTE MOTION to shorten time for hearing on motion for discovery order; declaration of Mary Martin; order; certificate of service - DENIED by Mag Judge Francis I. Yamashita by plaintiff (tbf) (Entered: 02/01/1994)

EP : ; discovery conference held 1/28/94 before Mag Judge Francis I. Yamashita - all issues resolved by court ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 02/02/1994)

EP : Discovery conference held before Mag Judge Francis I. Yamashita ( Ct Rptr : In chambers) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 02/11/1994)

NOTICE OF MOTION and motion by defendant for protective order or, alternatively, for an order vacating notice of deposition ; declaration of Charleen M. Aina; declaration of Lawrence M. Reinfurth; (proposed) order; certificate of service - set for 10:00 2/8/94 before Mag Judge Francis I. Yamashita (tbf) (Entered: 02/04/1994)

DISCLOSURE of expert witnesses; certificate of service by defendant (tbf) (Entered: 02/04/1994)

DISCLOSURE of expert witness by plaintiffs; certificate of service (wnn) (Entered: 02/11/1994)

DISCLOSURE of non-expert witness by plaintiffs; exhibit 1; certificate of service (wnn) (Entered: 02/11/1994)

EP :granting motion for protective order or, alternatively, for an order vacating notice of deposition [37-1]. the m/quash subpoena denied w/out prejudice subject to renewal with leave of court. ( Ct Rptr : tape) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 02/11/1994)

MEMORANDUM by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin in opposition to motion for class certification [21-1]; affidavit of Dr. Margaret Donovan; declaration of Kevin Pyle, Ph.D.; certificate of service (wnn) (Entered: 02/15/1994)

EP : Discovery conference held before Mag Judge Francis I. Yamashita ( Ct Rptr : In chambers) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 02/18/1994)

DISCOVERY ORDER by Mag Judge Francis I. Yamashita regarding release of education records and access to department of Health and department of Education records (wnn) (Entered: 02/16/1994)

REPLY by plaintiff to response to motion for class certification [21-1]; exhibit A (wnn) (Entered: 02/18/1994)

ORDER by Mag Judge Francis I. Yamashita granting motion for protective order or, alternatively, for an order vacating notice of deposition [37-1] (wnn) (Entered: 02/18/1994)

EP :taking under advisement on the motion for class certification [21-1] ( Ct Rptr : SP) JUDGE Judge David A. Ezra (tbf) (Entered: 03/01/1994)

DISCLOSURE of non-expert witnesses by defendant; certificate of service (wnn) (Entered: 03/07/1994)

NOTICE OF MOTION and motion by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to dismiss or for partial summary judgment ; declaration of Neal Mazer; exhibit "A"; declaration of Heidi A. Rian; exhibits "A"-"M"; affidavit of Dr. Margaret Donovan; delcaration of Patricia Ishihara; exhibits "A" and "B"; declaration of Dr. Robert E. Campbell; exhibit "A"; declaration of Gary Sakima; exhibits "A"-"B"; certificate of service - set for 9:00 4/4/94 before Judge David A. Ezra (wnn) (Entered: 03/08/1994)

ORDER by Judge David A. Ezra granting motion for class certification [21-1] (cc: all counsel) (wnn) (Entered: 03/08/1994)

ORDER by Judge David A. Ezra amending this court's "Order granting motion to certify class." filed 3/8/94 (cc: all counsel) (wnn) (Entered: 03/15/1994)

STIPULATION and ORDER by Mag Judge Francis I. Yamashita : concerning discovery (wnn) (Entered: 03/15/1994)

NOTICE of hearing: motion for preliminary injunction set for 9:00 4/4/94 continued to 9:00 4/18/94 before judge Samuel Conti (cc: all counsel) (wnn) (Entered: 03/15/1994)

MEMORANDUM by plaintiff in opposition to motion to dismiss or for partial summary judgment [50-1]; exhibits A-P; certificate of service (wnn) (Entered: 03/17/1994)

EO : ; final pretrial conference set for 3/25/94 moved to 8:30 4/7/94 before Mag Judge Francis I. Yamashita . Mr. Seitz to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 03/30/1994)

CERTIFICATE of service (wnn) (Entered: 03/30/1994)

CERTIFICATE of service (wnn) (Entered: 03/30/1994)

STIPULATION and ORDER by Judge Samuel Conti : continuing hearing on motion for partial summary judgment and for preliminary injunction [25-1] to 9:00 4/18/94, continuing hearing on motion to dismiss or for partial summary judgment [50-1] to 9:00 4/18/94 ; Trial set for 9:00 6/1/94 before Judge David A. Ezra, ; final pretrial conference set for 3/23/94 before Mag Judge Francis I. Yamashita vacated. (wnn) (Entered: 03/30/1994)

CERTIFICATE of service (wnn) (Entered: 04/01/1994)

MEMORANDUM by defendant in opposition to motion for partial summary judgment and for preliminary injunction [25-1]; declaration of Dr. Leonore B. Behar; exhibit "A"; affidavit of Dr. Margaret A. Donovan; exhibits "AA"-"FF"; declaration of Heidi M. Rian; exhibits "A"-"D"; certificate of service (wnn) (Entered: 04/01/1994)

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

REPLY by defendant to pltfs' memorandum in opposition to defts' motion to dismiss or for partial summary judgment; certificate of service re [50-1] (tbf) (Entered: 04/08/1994)

DECLARATION by defendant of Heidi M. Rian; exhibits "a" and "b"; certificate of service (tbf) (Entered: 04/08/1994)

Supplemental MEMORANDUM by plaintiff in support of motion for partial summary judgment and for preliminary injunction [25-1]; exhibits a-l; declaration of Dr. Ivor Groves; exhibits a-l; declaration of Shelby Anne Floyd; exhibits 1-5; certificate of service (tbf) (Entered: 04/11/1994)

STIPULATION to amend scheduling conference order to extend discovery cut-off deadline; ORDER by Mag Judge Francis I. Yamashita : ; Discovery ddl set for 5/1/94 before Mag Judge Francis I. Yamashita - on behalf of defts (tbf) (Entered: 04/13/1994)

EXHIBIT f to declaration of Ivor Groves - SEALED on behalf of plaintiff [73-1] (tbf) (Entered: 04/11/1994)

EXHIBIT 1 to declaration of Shelby A. Floyd - SEALED on behalf of plaintiff [73-1] (tbf) (Entered: 04/11/1994)

Amended CERTIFICATE of service (tbf) (Entered: 04/13/1994)

EX PARTE MOTION for leave to file reply memorandum in excess of 15 pages, declaration of Shelby Anne Floyd; exhibit "a"; order - DENIED by Judge Samuel Conti by plaintiff re [25-1] - on behalf of pltfs (tbf) (Entered: 04/14/1994)

EO : m/preliminary injunction and deft's motion to dismiss [50-1] is taken off and referred to Judge Ezra for hearing on this matter; all counsel notified of this change by phone ( Ct Rptr : ) JUDGE Judge Samuel Conti (tbf) (Entered: 04/14/1994)

STIPULATION to dismiss all claims of David C. Hughes, Agnes Hughes, Christopher Mineburg, Angela K.M. Meyer and Kihei Youth Center; ORDER by Judge David A. Ezra : dismissing party David Hughes, Agnes Hughes, party Christopher Mineburg, Angela K.M. Meyer and party Kihei Youth Center - on behalf of defts (tbf) (Entered: 04/21/1994)

EO :setting hearing on motion to dismiss or for partial summary judgment [50-1] 9:00 5/23/94, setting hearing on motion for partial summary judgment and for preliminary injunction [25-1] 9:00 5/23/94. parties notified. ( Ct Rptr : ) JUDGE Judge David A. Ezra (wnn) (Entered: 05/02/1994)

PRETRIAL STATEMENT by plaintiffs; exhibits A and B; certificate of service (wnn) (Entered: 05/16/1994)

PRETRIAL STATEMENT by defendants; certificate of service (wnn) (Entered: 05/16/1994)

EP : Pretrial conference - discussion between court and counsel regarding pretrial matters. the court will not at this time set as the settlement judge because of the respective positions taken by the parties. the trial date of 6/1/94 is vacated. ;further pretrial conference set for 2:00 5/17/94 before Judge David A. Ezra ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/17/1994)

EP :Conference on Record; Conference in chambers - parties allowed to file supplemental briefs no more than 3 pages by Thursday 2:00 5/19./94. status conference held in chambers before Judge David A. Ezra ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/18/1994)

SUPPLEMENTAL MEMORANDUM by defendant in support of motion to dismiss or for partial summary judgment [50-1] and IN OPPOSITION to plaintiff's motion for partial summary judgment; certificate of service (sealed) (Entered: 05/23/1994)

SUPPLMENTAL MEMORANDUM by plaintiff in opposition to motion to dismiss or for partial summary judgment [50-1] and IN SUPPORT of plaintiffs' motion for partial summary judgment; certificate of service (sealed) (Entered: 05/23/1994)

EP :taking under advisement on defendant's motion to dismiss or for partial summary judgment [50-1], taking under advisement on plaintiff's motion for partial summary judgment and for preliminary injunction [25-1]. deft's oral motion for substitution of parties granted. deft Toguchi will be replaced by Dr. Herman Aizawa. ( Ct Rptr : SP) JUDGE David A. Ezra (wnn) (Entered: 05/24/1994)

ORDER by Judge David A. Ezra granting in part and denying in part plaintiff's motion for summary judgment [25-1], granting in part and denying in part defendants' motion for dismissal or for summary judgment [50-1] - [court grants in part and denies in part the cross motions for summary judgment as to liability, grants defendants' motion to dismiss all claims against defendants Toguchi and Lewin in their individual capacities, denies defendants' motion to dismiss all claims against defendant Waihee and Lewin in their official capacities, denies defendants' motion to dimiss for lack of jurisdicition, and grants in part and denies in part defendant's motion for summary judgment as to the organizational plaintiffs for lack of standing] terminating party John Waihee, party Charles Toguchi, party Hale Kipa, party HI Advocates Childre, party Mental Health Assoc, party Waianae Comm Mental, party Pacific Head Injury, party HI Public Health Ass, party HI Psychiatric Medic, party Waikiki Health Cente, party Natl Assoc Social Wo, party Hi Youth Services Ne, party Hi Psychological Ass, party Hawaii Council of Ch, party Hi Council of Child, party Hi Families As Allie (cc: all counsel) (wnn) (Entered: 05/25/1994)

EP :Status Conference held 5/31/94 before Mag Judge Francis I. Yamashita, new dates given: ; Trial set for 9:00 7/19/94 before Judge David A. Ezra, ; final pretrial conference set for 8:30 6/7/94 before Mag Judge Francis I. Yamashita . a settlement conference before Judge Ezra requested by parties. date of settlement conference to be set up by Roy Sakai. ( Ct Rptr : chambers) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 06/01/1994)

MOTION by plaintiff for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment ; memroandum in support; declaration of Shelby Anne Floyd; exhibit "a"; declaration of Michael E. Sullivan; certificate of service - referred to Judge David A. Ezra (tbf) (Entered: 06/08/1994)

EO : ; settlement conferece - discussion between court regarding settlement; no settlement; further settlement conference set for 9:00 6/15/94 before Judge David A. Ezra ( Ct Rptr : No Record) JUDGE Judge David A. Ezra (tbf) (Entered: 06/08/1994)

CERTIFICATE of service (wnn) (Entered: 06/09/1994)

EO : ; settlement/status conference held 6/15/94 before Judge David A. Ezra, ;further settlement/status conference set for 2:30 6/17/94 before Judge David A. Ezra ( Ct Rptr : none) JUDGE Judge David A. Ezra (wnn) (Entered: 06/16/1994)

EP : ; settlement/status conference held 6/17/94 before Judge David A. Ezra . The court was inormed that arties have settled. stipulation of dismissal to follow. trial date vacated. ( Ct Rptr : TC) JUDGE Judge David A. Ezra (wnn) (Entered: 06/24/1994)

AMENDED PRETRIAL STATEMENT by defendants; certificate of service (wnn) (Entered: 06/24/1994)

MEMORANDUM by defendant in opposition to motion for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment [91-1]; certificate of service (wnn) (Entered: 06/24/1994)

WITHDRAWAL OF pltfs' motion by plaintiff for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment [91-1]; certificate of service (tbf) (Entered: 06/30/1994)

EO : a conference chambers set for 4:00 8/4/94 before Judge David A. Ezra ; this conference will address the preliminary approval of the settlement; cc: all counsel ( Ct Rptr : ) JUDGE Judge David A. Ezra (tbf) (Entered: 07/26/1994)

Joint MOTION for preliminary approval of settlement and consent decree, and for order approving notice to pltf class and allowing initial development of implementation plan ; memorandum in support; exhibits "a" and "b"; proposed order - referred to before Judge David A. Ezra (tbf) (Entered: 07/27/1994)