Case: Doe v. Hawaii

1:11-cv-00550 | U.S. District Court for the District of Hawaii

Filed Date: Sept. 9, 2011

Clearinghouse coding complete

Case Summary

On August 11, 2010, the plaintiffs--deaf students who were sexually assaulted by a group of fellow students at a state-run school for the blind and deaf--brought this suit against the State of Hawaii. Represented by private counsel, and suing both individually and on behalf of a class of students sexually assaulted at the school between 2001 and 2013, they filed the case in Hawaii state court requesting damages, injunctive relief, and attorneys' fees. The lawsuit alleged a hostile environment,…

On August 11, 2010, the plaintiffs--deaf students who were sexually assaulted by a group of fellow students at a state-run school for the blind and deaf--brought this suit against the State of Hawaii. Represented by private counsel, and suing both individually and on behalf of a class of students sexually assaulted at the school between 2001 and 2013, they filed the case in Hawaii state court requesting damages, injunctive relief, and attorneys' fees.

The lawsuit alleged a hostile environment, discrimination, and denial of benefits under Hawaii state law, Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.; Title IX of the Education Amendments of 1972; Individuals with Disabilities Act, 20 U.S.C. §§ 1400, et seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq; intentional infliction of emotional distress and physical injury; and for violation of their rights under the Privileges or Immunities and Due Process clauses of the Fourteenth Amendment under 42 U.S.C. § 1983. Specifically, the plaintiffs claimed that they were raped and bullied by a group of fellow students while attending the school, and that the state's lack of adequate supervision and failure to properly handle or report these assaults resulted in the plaintiffs' extreme mental and physical distress.

On September 9, 2011, the defendants removed the case from Hawaii state court to the U.S. District Court for the District of Hawaii (Judge Kevin S.C. Chang). On September 13, the state counterclaimed that one of the plaintiffs perpetrated one or more of the assaults alleged in the Complaint; the state argued that this plaintiff's parent could be held liable for the conduct under a negligence theory. The state also sought leave to file a third-party complaint claiming that individual student attackers should be held liable for all of plaintiffs' claims against them; the Court allowed the third-party complaint to be filed.

One of the individual defendants named in the action filed a third party complaint (later amended) and cross-claim a couple of weeks later, on September 21, 2011. The individual defendant also filed a motion for a protective order, which was denied on October 14, 2011. See Doe v. Hawaii, 2011 WL 4954606 (D. Haw. Oct. 14, 2011).

Four individuals and the Hawaii Office of the Public Guardian intervened in the action on behalf of the plaintiffs on April 11, 2012. On September 5, 2012, three additional individuals were joined in the action as plaintiffs-in-intervention.

The case then settled. On February 19, 2013, the Court granted the plaintiffs' consolidated joint motion to certify a class and approve the notice of proposed settlement. On April 22, the Court approved the settlement and the plaintiffs-in-intervention's motion for approval of attorney fees and costs, awarding the plaintiffs $527,925.40. On May 6, 2013, the Court entered a stipulation to amend the order approving settlement and granting motions for attorneys' fees and costs, awarding the class a total of $5,750,000.

In addition to the damages, the settlement agreement contained substantial injunctive relief. It required that the state undertake specific reforms, including reporting, training, and hiring requirements and improved monitoring of school grounds and buses. Malia Zimmerman, $5.75 Million Settlement Awarded to Deaf and Blind Students Sexually Assaulted by Gang at Hawaii Public School, Hawaii Reporter (Feb. 24, 2013), http://www.hawaiireporter.com/5-75-million-settlement-awarded-to-deaf-and-blind-students-sexually-assaulted-by-gang-at-hawaii-public-school/123. The amended agreement also provided for attorneys' fees and costs for the class counsel in an amount not to exceed $1 million.

Summary Authors

Stella Cernak (4/6/2014)

Daniel Fryer (2/1/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4903716/parties/doe-v-state-of-hawaii/


Judge(s)

Chang, Kevin S.C. (Hawaii)

Ezra, David Alan (Hawaii)

Attorneys(s) for Plaintiff

Green, Michael Jay (Hawaii)

Rapp, John (Hawaii)

Uesugi, Glenn H. (Hawaii)

Attorneys(s) for Defendant

Belatti, Della A. (Hawaii)

Emerson, Deborah Day (Hawaii)

Ferm, Dennis K. (Hawaii)

Fitzgerald, C. Bryan (Hawaii)

Henderson, Harvey E. Jr. (Hawaii)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Ezra, David Alan (Hawaii)

Attorneys(s) for Plaintiff

Green, Michael Jay (Hawaii)

Rapp, John (Hawaii)

Uesugi, Glenn H. (Hawaii)

Attorneys(s) for Defendant

Belatti, Della A. (Hawaii)

Emerson, Deborah Day (Hawaii)

Ferm, Dennis K. (Hawaii)

Fitzgerald, C. Bryan (Hawaii)

Henderson, Harvey E. Jr. (Hawaii)

Inagaki, Caron M. (Hawaii)

Kim, Ronald N.W. (Hawaii)

Kimura, Jordan Jun (Hawaii)

Mansfield, Kenneth J. (Hawaii)

Molay, John F. (Hawaii)

Schmitt, Randall K. (Hawaii)

Seitz, Eric A. (Hawaii)

Shikada, Holly T. (Hawaii)

Other Attorney(s)

Bouslog, Christopher S. (Hawaii)

Expert/Monitor/Master

Amano, Riki May (Hawaii)

Documents in the Clearinghouse

Document

1:11-cv-00550

Docket [PACER]

Doe v. State of Hawaii

May 6, 2013

May 6, 2013

Docket
13-3

1:11-cv-00550

Complaint

Doe v. State of Hawaii

Sept. 13, 2011

Sept. 13, 2011

Complaint
4

1:11-cv-00550

First Amended Complaint

Doe v. State of Hawaii

2011 WL 10953408

Sept. 13, 2011

Sept. 13, 2011

Complaint
14

1:11-cv-00550

Third Party Complaint [on behalf of Hawaii]

Doe v. State of Hawaii

Sept. 20, 2011

Sept. 20, 2011

Complaint
46

1:11-cv-00550

Order [Denying Defendant's Motion for Protective Order]

Doe v. State of Hawaii

Oct. 14, 2011

Oct. 14, 2011

Order/Opinion
49

1:11-cv-00550

Defendant Scott O'Neal's First Amended Third-Party Complaint Against Roxsanne Tomita

Doe v. State of Hawaii

2011 WL 10953406

Nov. 3, 2011

Nov. 3, 2011

Complaint
120

1:11-cv-00550

Order [Granting Class Certification]

Doe v. State of Hawaii

Feb. 19, 2013

Feb. 19, 2013

Order/Opinion
144

1:11-cv-00550

Order Approving Settlement and Granting Motions for Attorneys' Fees and Costs

Doe v. State of Hawaii

April 22, 2013

April 22, 2013

Order/Opinion
148

1:11-cv-00550

Class Action Settlement Agreement

Doe v. State of Hawaii

2013 WL 4771740

May 6, 2013

May 6, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4903716/doe-v-state-of-hawaii/

Last updated Aug. 16, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL filed by defendant State of Hawaii. Removal from Circuit Court of the First Circuit, State of Hawaii, Civil case number 11-1-1712-08 (GWBC). (Attachments: # 1 Exhibit A, # 2 Certificate of Service, # 3 Civil Cover Sheet) (afc) (Entered: 09/13/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/17/2011 before JUDGE KEVIN S.C. CHANG. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/9/2011. (Attachments: # 1 Corporate Disclosure Memo) (afc) (Entered: 09/13/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
3

Filing fee: $ 350.00, receipt number HI000998 re 1 Notice of Removal. (afc) (Entered: 09/13/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
4

ANSWER to Complaint, COUNTERCLAIM against Jane Doe, John Does 1-10 by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 9/14/2011: Defendant State of Hawaii's COUNTERCLAIM is stated on page numbered 12, paragraph numbered 53 et seq. (afc) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
5

MOTION for Leave to File Third Party Complaint John F. Molay appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Certificate of Service)(Molay, John) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
6

MOTION to Shorten Time to hear Motion re 5 MOTION for Leave to File Third Party Complaint John F. Molay appearing for Defendant State of Hawaii (Attachments: # 1 Declaration of John F. Molay, # 2 Proposed Order, # 3 Certificate of Service)(Molay, John) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
7

MOTION to Proceed Anonymously and to Allow Parties to File Documents Under Seal John F. Molay appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Molay, John) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
8

MOTION to Shorten Time to hear Motion re 7 MOTION to Proceed Anonymously and to Allow Parties to File Documents Under Seal John F. Molay appearing for Defendant State of Hawaii (Attachments: # 1 Declaration of John F. Molay, # 2 Proposed Order, # 3 Certificate of Service)(Molay, John) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
9

NOTICE of Appearance by Jordon Jun Kimura on behalf of Scott O'Neal on behalf of Scott O'Neal. (Kimura, Jordon) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
13

TRANSMITTAL of DOCUMENTS by Circuit Court of the First Circuit, State of Hawaii. (Attachments: # 1 Computerized Index, # 2 Civil Information Sheet, # 3 Complaint, Demand for Jury Trial; Summons, # 4 Return of Service - State of Hawaii thru John Cregor, # 5 Additional Claims Information Sheet, # 6 First Amended Complaint; Demand for Jury Trial; Summons, # 7 Return of Service - Sydney Dickerson, # 8 Return of Service - Scott O'Neal, # 9 Return of Service of 1st Amended Complaint - Sydney Dickerson, # 10 Return of Service of 1st Amended Complaint - Scott O'Neal, # 11 Notice of Removal with Exhibits) (afc) (Entered: 09/17/2011)

6

View on RECAP

Sept. 13, 2011

Sept. 13, 2011

PACER
10

CERTIFICATE OF SERVICE by Scott O'Neal re 9 Notice of Appearance Amended Certificate of Service (Kimura, Jordon) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
11

ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT 5 . Signed by JUDGE KEVIN S.C. CHANG on 9/15/2011. ~ Order further denies as moot defendant's Ex Parte Motion to Shorten Time for Hearing the Motion for Leave to File Third Party Complaint (doc no. 6 ). (afc) 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). All participants are registered to receive electronic notifications. (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
12

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT STATE OF HAWAII'S MOTION FOR LEAVE TO ALLOW PARTIES TO PROCEED ANONYMOUSLY AND TO ALLOW PARTIES TO FILE DOCUMENTS UNDER SEAL 7 . Signed by JUDGE KEVIN S.C. CHANG on 9/15/2011. ~ Order further denies as moot defendant's Ex Parte Motion to Shorten Time for Hearing the Motion for Leave to Allow Parties to Proceed Anonymously and to Allow Parties to File Documents Under Seal (doc no. 8 ). (afc) 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). All participants are registered to receive electronic notifications. (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
14

THIRD PARTY COMPLAINT against Peter Poes 1-100, Patricia Poes 1-100, Parent Poes 1-100, filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
15

Defendant Scott O'Neal's ANSWER to Complaint (First Amended), THIRD PARTY COMPLAINT against Roxsanne Tomita, CROSSCLAIM against Sydney Dickerson, State of Hawaii by Scott O'Neal. (Attachments: # 1 Cross-claim Against the State of Hawaii and Sydney Dickerson, # 2 Third-Party Complaint Against Roxsanne Tomita, # 3 Summons, # 4 Certificate of Service)(Kimura, Jordon) Modified on 9/22/2011 (afc). (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
16

MOTION for Protective Order Jordon Jun Kimura appearing for Defendant Scott O'Neal (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Randall K. Schmitt, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Certificate of Service)(Kimura, Jordon) (Entered: 09/21/2011)

1 Memorandum in Support of Motion

View on PACER

2 Declaration of Randall K. Schmitt

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit G

View on PACER

10 Certificate of Service

View on PACER

Sept. 21, 2011

Sept. 21, 2011

PACER

ADVISORY ENTRY (documents need not be refiled; this advisory is for the filing party's future reference). Signature on documents differs from the ECF login and password re: e-filings on behalf of defendant Scott O'Neal, docket entry nos. 15 and 16 . As the documents were e-filed by the login assigned to Jordon Kimura, the signature on the documents is to reflect the ECF user's signature (/s/Jordon Kimura). Filing party may refer to Local Rules 100.5.1 "Use of Login and Password, 100.5.2 "ECF User's Signature." (afc)

Sept. 22, 2011

Sept. 22, 2011

PACER
17

SUMMONS ISSUED as to Cross-Claim Defendant Sydney Dickerson, Cross-Claim Defendant State of Hawaii, and Third-Party Defendant Roxsanne Tomita. re: 15 Answer, Crossclam, Third-party Complaint. (afc) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
18

Errata re 14 Third Party Complaint. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Molay, John) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
19

SUMMONS ISSUED as to Third-Party Defendants Peter Poes 1-100, Patricia Poes 1-100, and Parent Poes 1-100 re: 14 Third-party Complaint filed by State of Hawaii. (afc) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
20

ANSWER to 15 Cross-Claim of Scott O' Neal and Demand for Jury Trial Answer to Complaint, Third Party Complaint, Crossclaim, by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) Modified on 9/26/2011 - clarifying title of document (afc). (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
21

NOTICE of Hearing on Motion 16 Defendant Scott O'Neal's MOTION for Protective Order set for 12/5/2011 at 09:00 AM before JUDGE DAVID ALAN EZRA. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
22

Plaintiff Jane Doe, Individually and as next friend of John Doe, a minor's REPLY TO 4 DEFENDANT STATE OF HAWAII'S COUNTERCLAIM ; Certificate of Service. (afc) (Entered: 09/30/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
23

SUMMONS Returned Executed by Scott O'Neal. Roxsanne Tomita served on 9/29/2011 9/28/2011, answer due 10/20/2011 10/19/2011. (Kimura, Jordon) Modified on 10/4/2011 - striking text (bbb, ). Service re: 15 Third Party Complaint. (afc) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
24

MOTION to Shorten Time to hear Motion for Protective Order, Filed September 21, 2011 Jordon Jun Kimura appearing for Defendant Scott O'Neal, ThirdParty Plaintiff Scott O'Neal, Cross Claimant Scott O'Neal (Attachments: # 1 Declaration of Jordon J. Kimura, # 2 Certificate of Service)(Kimura, Jordon) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
25

CERTIFICATE OF SERVICE by Scott O'Neal re 24 MOTION to Shorten Time to hear Motion for Protective Order, Filed September 21, 2011 (Kimura, Jordon) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
26

EO: At counsel's request, Status Conference Re: Request for Special Master appointment set for 10/6/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Eric Seitz has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
27

MOTION for Joinder re 24 MOTION to Shorten Time to hear Motion for Protective Order, Filed September 21, 2011 John F. Molay appearing for Defendant State of Hawaii (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
28

EP: Status Conference Re: Request for Special Master appointment held on 10/6/2011. Counsel Dennis Ferm, Eric Seitz and Sarah Devine present. Discussion held regarding appointment of Special Master. Counsel to submit a Stipulation regarding appointment of a Special Master. Counsel considering Riki Amano. ( C5 - no record, 9:00-9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
29

EO: Re-Defendant Scott ONeal, Third Party Plaintiff Scott ONeal and Cross Claimant Scott ONeal's Motion to Shorten Time to hear Motion for Protective Order, filed September 21, 2011 (Doc. 24) and Defendant State of Hawaiis Motion for Joinder re 24 Motion to Shorten Time to hear Motion for Protective Order, Filed September 21, 2011 (Doc. 27) are hereby GRANTED.Defendant Scott ONeal's Motion for Protective Order (Doc. 16) is set for hearing on 10/14/2011 at 11:15 a.m. before the Honorable David A. Ezra. Briefing Schedule-The parties are directed to file any opposition by 10/12/2011. (JUDGE DAVID ALAN EZRA)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
30

Scheduling Conference Statement. (Kimura, Jordon) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
31

Scheduling Conference Statement Plaintiffs. (Rapp, John) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
32

REPORT of Planning Meeting Plaintiffs. (Rapp, John) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
33

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
34

NOTICE of Appearance by Dennis K. Ferm on behalf of State of Hawaii on behalf of State of Hawaii. (Attachments: # 1 Certificate of Service)(Ferm, Dennis) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
35

MEMORANDUM in Opposition re: 16 to "Defendant Scott O'Neal's Motion for Protective Order" filed September 21, 2011 filed by Jane Doe, Richard Roe 1, Mrs. Richard Roe 2, Richard Roe 2. (Attachments: # 1 Declaration Declaration of Michael Jay Green, # 2 Certificate of Service)(Rapp, John) Modified on 10/11/2011 to add document number link to correlate to the underlying Motion for Protective Order, (doc 16) (afc). (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
36

RESPONSE to Motion re 16 MOTION for Protective Order filed by State of Hawaii. (Attachments: # 1 Declaration of John F. Molay, # 2 Certificate of Service)(Molay, John) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
37

REPLY re 16 MOTION for Protective Order, 35 Memorandum in Opposition to Motion, filed by Scott O'Neal. (Schmitt, Randall) Modified on 10/13/2011: ERRATA e-filed; please refer to docket entry no. 39 (afc). (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
38

DEFENDANT SYDNEY DICKERSON, IN HER INDIVIDUAL CAPACITY, ANSWER to Complaint (TO PLAINTIFFS FIRST AMENDED COMPLAINT FILED AUGUST 26, 2011) by Sydney Dickerson.(Fitzgerald, C.) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
39

Errata re 16 MOTION for Protective Order, 37 Reply, 35 Memorandum in Opposition to Motion,. (Schmitt, Randall) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
40

DEFENDANT SYDNEY DICKERSON, IN HER INDIVIDUAL CAPACITY, ANSWER to 15 Answer to Complaint, Third Party Complaint, Crossclaim, (ANSWER TO DEFENDANTS CROSS-CLAIM AGAINST THE STATE OF HAWAII AND SYDNEY DICKERSON) by Sydney Dickerson.(Fitzgerald, C.) Modified on 10/14/2011 (afc). (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
41

ANSWER to 15 Answer to Complaint, Third Party Complaint, Crossclaim - by Roxsanne Tomita.(Seitz, Eric) Modified on 10/14/2011 (afc). (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
42

Scheduling Conference Statement filed by attorney for defendant Sydney Dickerson (Fitzgerald, C.) Modified on 10/14/2011: Document is captioned as "Defendant State of Hawaii's Scheduling Conference Statement" (afc) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
43

NOTICE by Sydney Dickerson re 42 Scheduling Conference Statement, NOTICE OF ERRATA TO DEFENDANT STATE OF HAWAIIS SCHEDULING CONFERENCE STATEMENT FILED OCTOBER 14, 2011 Sydney Dickerson. (Fitzgerald, C.) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
44

EP: Motion Hearing held on 10/14/2011 re 16 MOTION for Protective Order filed by Scott O'Neal. Court to issue order. 16 Defendant Scott O'Neal's Motion for Protective Order-DENIED without prejudice.Court to issue order. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
45

Scheduling Conference Statement and Certificate of Service. (Seitz, Eric) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
46

ORDER DENYING DEFENDANT SCOTT O'NEAL'S MOTION FOR PROTECTIVE ORDER 16 . Signed by JUDGE DAVID ALAN EZRA on 10/14/2011. [Order follows hearing held 10/14/2011 on Motion, doc no. 16. Minutes of hearing: doc no. 44 ] (afc) 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). All participants are registered to receive electronic notifications. (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

RECAP
47

EP: Rule 16 Scheduling Conference held on 10/17/2011. Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 10/23/2012 before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 9/11/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 7/5/2012 10:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 5/23/2012. Discovery due by 8/24/2012. (C5 - no record, 9:00-9:05am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
48

RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 10/17/2011. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
49

Amended THIRD PARTY COMPLAINT against Roxsanne Tomita, filed by Scott O'Neal.(Schmitt, Randall) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
50

MOTION for Leave to Intervene on behalf of Plaintiffs - Eric A. Seitz, Ronald N.W. Kim, Della A. Belatti appearing for Movants Jocelyn Collier, Maribel Oallesma, Elvira Dumbique, Nelson Dumbique. (Attachments: # 1 Affidavit of Eric A. Seitz, # 2 Certificate of Service) (afc) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
52

NOTICE of Hearing on Motion 50 Motion for Leave to Intervene on Behalf of Plaintiffs set for 1/27/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
53

STATEMENT of No Opposition to Motion for Leave to Intervene on Behalf of Plaintiffs filed on November 4, 2011 filed by Jane Doe, Richard Roe 1, Mrs. Richard Roe 2, Richard Roe 2. (Rapp, John) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
54

Ex Parte Motion for Appointment of Guardians Ad Litem Signed by JUDGE KEVIN S.C. CHANG on 11/8/2011. (Attachments: # 1 Affidavit of Eric A. Seitz, # 2 Order Appointing Guardians Ad Litem, # 3 Certificate of Service)(gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
55

INITIAL DISCLOSURE by Sydney Dickerson. (Fitzgerald, C.) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

RECAP
56

INITIAL DISCLOSURE by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
57

INITIAL DISCLOSURE by Scott O'Neal. (Klein, Robert) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
58

INITIAL DISCLOSURE by Scott O'Neal. (Schmitt, Randall) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER

ADVISORY ENTRY. The entry docket number 57 Initial Disclosure filed by Scott O'Neal, was filed incorrectly in this case. The filing party informed the Clerk's Office of the error and filed the document correctly. Refer to docket entry 58 Initial Disclosure filed by Scott O'Neal. No further action necessary. (eps)

Nov. 14, 2011

Nov. 14, 2011

PACER
59

INITIAL DISCLOSURES; Certificate of Service - filed by plaintiffs. (afc) (Entered: 11/15/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
61

STIPULATION TO APPOINT A MASTER; ORDER. Signed by JUDGE KEVIN S.C. CHANG on 11/17/2011. ~ Riki May Amano appointed as Special Master. (afc)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). All participants are registered to receive electronic notifications. Riki May Amano, Esq. will be served on November 21, 2011 by First Class Mail addressed to Special Master Amano at address Dispute Prevention & Resolutions, Inc./Pauahi Tower 1003 Bishop St. Ste. 1155/ Honolulu, Hawaii 96813. (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

RECAP
62

CERTIFICATE OF SERVICE by Sydney Dickerson (Plaintiffs' Request for Admissions) (Fitzgerald, C.) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
63

CERTIFICATE OF SERVICE by Sydney Dickerson (Plaintiff Jane Doe's Request for Answers to Interrogatories to Defendants) (Fitzgerald, C.) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
64

CERTIFICATE OF SERVICE by Sydney Dickerson (Plaintiffs' Request for Production of Documents to All Defendants and Roxanne Tomita) (Fitzgerald, C.) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
65

MOTION for Leave to Intervene on Behalf of Plaintiff - Della A. Belatti, Ronald N.W. Kim, Eric A. Seitz appearing for Movant (Proposed plaintiff-intervenor) Office of the Public Guardian, State of Hawaii. (Attachments: # 1 Affidavit of Eric A. Seitz, # 2 Certificate of Service)(afc) (Entered: 12/04/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
66

NOTICE of Hearing on Motion 65 Motion for Leave to Intervene on Behalf of Plaintiff set for 1/27/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
67

CERTIFICATE OF SERVICE by Jane Doe, Richard Roe 1, Mrs. Richard Roe 2, Richard Roe 2 Plaintiffs' Request for Admission to Defendants, Plaintiff Jane Doe's Request for Answers to Interrogatories to All Defendants; Plaintiff Jane Doe's Request for Answers to Interrogatories to Defendant Scott O'Neal; Plaintiffs' Request for Production of Documents to All Defendants and Roxanne Tomita (Rapp, John) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
68

CERTIFICATE OF SERVICE by Jane Doe, Richard Roe 1, Mrs. Richard Roe 2, Richard Roe 2 Plaintiffs' Request for Production of Documents to All Defendants and Roxanne Tomita (Rapp, John) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
69

Plaintiffs' STATEMENT of No Opposition re 65 MOTION for Leave to Intervene on behalf of Plaintiff; Certificate of Service. (afc) (Entered: 12/07/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
70

STIPULATION and Order Extending the Deadline to Amend Pleadings by Sydney Dickerson. (Fitzgerald, C.) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
71

MEMORANDUM in Opposition re 65 MOTION for Leave to Intervene on behalf of Plaintiff filed by Sydney Dickerson. (Fitzgerald, C.) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
72

RESPONSE re 50 MOTION to Intervene filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
73

RESPONSE re 65 MOTION for Leave to Intervene on behalf of Plaintiff filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Molay, John) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
74

Joinder re 72 Response filed by State of Hawaii to Motion for Leave to Intervene on Behalf of Plaintiffs filed by Scott O'Neal. (Kimura, Jordon) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
75

Joinder re 73 Response filed by State of Hawaii to Motion for Leave to Intervene on Behalf of Plaintiff filed by Scott O'Neal. (Kimura, Jordon) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
76

REPLY to Response to Motion re 65 MOTION for Leave to Intervene on behalf of Plaintiff, 50 MOTION to Intervene Supplemental Declaration of Eric A. Seitz filed by Maribel Oallesma, Office of the Public Guardian, State of Hawaii, Roxsanne Tomita. (Seitz, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
77

EP: granting 50 Motion for Leave to Intervene on Behalf of Plaintiffs; granting 65 Motion for Leave to Intervene on Behalf of Plaintiff held on 1/27/2012. Motions granted. Mr. Seitz to prepare the Orders.( FTR C5 - 9:37-9:45am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
78

EO: The time for the Settlement Conference set for 10:00am on 7/5/2012 shall be moved to 11:00 AM on 7/5/2012 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
79

TRANSCRIPT of Proceedings held on January 27, 2012, - before Judge Kevin S.C. Chang. Court Reporter/Transcriber Adrianne Ige Kurasaki, Telephone number 294.3397. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 4/6/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/14/2012. (Kurasaki, Adrianne) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

RECAP
81

ORDER GRANTING MOTION[s] TO INTERVENE ~ re 50 MOTION to Intervene filed by Elvira Dumbique, Maribel Oallesma, Nelson Dumbique, Jocelyn Collier, AND 65 MOTION for Leave to Intervene on behalf of Plaintiff filed by Office of the Public Guardian, State of Hawaii. Signed by JUDGE KEVIN S.C. CHANG on 4/10/2012. Order follows hearing held 1/27/2012. Minutes: doc 77 (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
82

STIPULATION TO APPOINT INDEPENDENT MENTAL HEALTH EXAMINER; ATTACHMENT "A"; ORDER. (Attachments: # 1 Attachment A) Signed by JUDGE KEVIN S.C. CHANG on 4/18/2012. ~Robert Pollard, Ph.D., Professor of Psychiatry and Director, Deaf Wellness Center/University of Rochester School of Medicine, is appointed as the Independent Mental Health Examiner ~ (afc) 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). DR. ROBERT POLLARD, JUDGE RIKI MAY AMANO, and participants not registered to receive electronic notifications, will be served by first class mail on April 19, 2012. (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
83

EO: Settlement Conference set 7/5/12 is hereby vacated. Status Conference set for 7/5/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
84

EP: Status Conference held on 7/5/2012. Counsel Harvey Henderson also present. Mr. Seitz informed the Court that the IME has been completed and counsel are waiting for the report. New trial date given. First Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 8/6/2013 before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 6/25/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 11/2/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 6/7/2013. Motions due by 3/6/2013. (C5 - no record, 9:00-9:05am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
85

AMENDED RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 7/9/2012. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
86

MOTION for Leave to Intervene filed by Christopher S. Bouslog appearing for Movants A. P., L. P., T. P. (Attachments: # 1 Declaration of Chris Bouslog, # 2 Notice of Hearing and Certificate of Service) [Title of court is captioned as Circuit Court of the First Circuit, State of Hawaii] (afc) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
87

NOTICE of Hearing on Motion 86 Movants A.P., L. P., T.P.'s MOTION to Intervene set for court hearing on 8/16/2012 at 09:00 AM before JUDGE KEVIN S.C. CHANG. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
88

STATEMENT of No Opposition re: 86 to Plaintiffs-Intervenors AP, LP and TP's Motion for Leave to Intervene filed on July 12, 2012, and Certificate of Service filed by Jane Doe, Richard Roe 1, Mrs. Richard Roe 2, Richard Roe 2. (Uesugi, Glenn) Docket text modified on 7/18/2012 to add document number link to correlate to the M/Intervene, doc no. (86). (afc). (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
89

STATEMENT of No Opposition re 86 MOTION to Intervene filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Ferm, Dennis) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
90

STATEMENT of No Opposition re 86 MOTION to Intervene Filed on July 12, 2012; Certificate of Service filed by Scott O'Neal. (Schmitt, Randall) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
91

ORDER REFERRING CASES BEFORE SENIOR DISTRICT JUDGE DAVID ALAN EZRA. Case reassigned to JUDGE J. MICHAEL SEABRIGHT for all further proceedings. JUDGE DAVID ALAN EZRA no longer assigned to case. Please reflect new case number CV 11-00550-JMS-KSC on all further pleadings. Signed by JUDGE DAVID ALAN EZRA on 8/3/2012. (afc)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: 08/08/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
92

CLERK'S NOTICE OF U.S. DISTRICT COURT JUDGE REASSIGNMENT: With reference to the "Order Referring Cases before Senior District Judge David Alan Ezra" (docket entry no. 91 ) whereby the instant case was reassigned to Judge J. Michael Seabright, please be advised that the case will now be reassigned to JUDGE HELEN GILLMOR for all further proceedings. Accordingly, please reflect new case number CV 11-00550-HG-KSC on all further pleadings. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
93

EO: Status Conference Re: Trial Date and Other Deadlines set for 8/16/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
94

EP: granting 86 Movants A.P., L. P., T. P.'s Motion for Leave to Intervene held on 8/16/2012. Status Conference Re: Trial Date and Other Deadlines held on 8/16/2012. Counsel Harvey Henderson present for the Status Conference. Movants A.P., L. P., T. P.'s Motion for Leave to Intervene 86 . There being no opposition, Motion granted. Mr. Bouslog to prepare the Order.Status Conference Re: Trial Date and Other Deadlines. New trial date given. Second Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial set for 09:00 AM on 9/17/2013 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 8/6/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference set for 9/6/2013 08:30 AM before JUDGE HELEN GILLMOR. Settlement Conference set for 5/16/2013 10:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 7/19/2013. Motions due by 4/17/2013. ( FTR C5, 9:01-9:04am (Motion); C5 - no record, 9:04-9:09am (Status Conf).) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
95

SECOND AMENDED RULE 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on 8/16/2012. (ecs, )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 8/20/2012 the date of this docket entry Modified text on 8/16/2012 (ecs, ). (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
96

NOTICE of Appearance by Harvey E. Henderson, Jr on behalf of State of Hawaii on behalf of State of Hawaii. (Attachments: # 1 Certificate of Service)(Henderson, Harvey) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
98

NOTICE of Attorney's Lien; Certificate of Service - filed by attorney John Rapp. [Case number reflected as CV 11-00550-DAE-KSC. Correct case number: CV 11-00550-HG-KSC] (afc) (Entered: 08/29/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
99

ORDER GRANTING PLAINTIFFS-INTERVENORS AP, LP, AND TP'S 86 MOTION FOR LEAVE TO INTERVENE FILED JULY 12, 2012. Signed by JUDGE KEVIN S.C. CHANG on 9/4/2012. (ecs, )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 9/6/2012. (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
100

John Rapp's Notice of WITHDRAWAL of 98 "Notice of Attorney's Lien" filed August 28, 2012; Certificate of Service. (ecs, ) (Entered: 09/11/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
101

EO: Settlement Conference set for 12/21/2012 01:30 PM before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference statements due: 12/14/12. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
102

EO: The time for the Settlement Conference set for 1:30pm on 12/21/2012 shall be moved to 9:00 AM on 12/21/2012 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf students who were sexually assaulted by fellow students while attending a state-run school for the deaf and blind.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The State of Hawaii, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 7,277,925.40

Order Duration: 2013 - 0

Content of Injunction:

Reporting

Recordkeeping

Other requirements regarding hiring, promotion, retention

Monitoring

Implement complaint/dispute resolution process

Hire

Goals (e.g., for hiring, admissions)

Busing

Issues

General:

Assault/abuse by residents/inmates/students

Failure to discipline

Failure to supervise

Failure to train

Record-keeping

Records Disclosure

Special education

Staff (number, training, qualifications, wages)

Disability:

Hearing impairment

Type of Facility:

Government-run