Case: Bernard v. State of Hawaii

1:02-cv-00367 | U.S. District Court for the District of Hawaii

Filed Date: June 18, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 18, 2002, deaf inmates filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Hawaii against the Public Safety Department of Hawaii, the Hawaii Paroling Authority, and the state of Hawaii. Represented by attorneys from the National Association of the Deaf Law Center and the Levin Education Access Project, the plaintiffs alleged violations of their constitutional rights. Further information about the complaint is unavailable because all of the case's documents are sealed.

On March 21, 2003, Judge Samuel King granted in part and denied in part the defendants' motion to dismiss. Judge King also granted in part and denied in part the plaintiffs' motion for a preliminary injunction. After this order, the parties entered into settlement discussions.

The parties settled in early 2004, and June 3, 2004, the case was dismissed. No further information is available on the case.

Summary Authors

Jessica Kincaid (3/5/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/19979538/parties/bernard-v-hawaii-state-of/


Judge(s)

Chang, Kevin S.C. (Hawaii)

King, Samuel Pailthorpe (Hawaii)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Levin, Stanley E. (Hawaii)

Varady, Carl M. (Hawaii)

Vargas, Mary C. (Maryland)

Attorneys(s) for Defendant

Inouye, Cindy S. (Hawaii)

Moser, Kendall J. (Hawaii)

Judge(s)

Chang, Kevin S.C. (Hawaii)

King, Samuel Pailthorpe (Hawaii)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Levin, Stanley E. (Hawaii)

Varady, Carl M. (Hawaii)

Vargas, Mary C. (Maryland)

Attorneys(s) for Defendant

Inouye, Cindy S. (Hawaii)

Moser, Kendall J. (Hawaii)

Documents in the Clearinghouse

Document

1:02-cv-00367

Docket [PACER]

Dec. 6, 2014

Dec. 6, 2014

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19979538/bernard-v-hawaii-state-of/

Last updated Aug. 21, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; (Summons(es) issued) (fe) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

PACER
2

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/16/02 before Mag Judge Kevin S. Chang (fe) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

PACER

FILING FEE PAID in the amount of $ 150.00, receipt # 209403 (fe)

June 18, 2002

June 18, 2002

PACER
3

RETURN OF SERVICE executed upon defendant Hawaii, State of on 6/20/02 through Mark M. Nomura, for State of Hawaii only, Deputy Attorney General, (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
4

RETURN OF SERVICE executed upon defendant Public Safety, Dept on 6/20/02 through Patti Ahu, Secretary (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
5

RETURN OF SERVICE executed upon defendant Hawaii Paroling Auth on 6/20/02 through Jessie Macadamia, Secretary (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
6

RETURN OF SERVICE executed upon defendant Al Beaver on 6/20/02 through Jessie Macadamia, Secretary (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
7

RETURN OF SERVICE executed upon defendant Ted Sakai on 6/20/02 through Patti Ahu, secretary (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

PACER
8

NOTICE OF MOTION and motion by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai to dismiss complaint ; memorandum in support of motion; declaration of James Kanehira; exhibits a-g; certificate of service - set for 10:00 10/30/02 before Judge Samuel P. King (fe) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

PACER
9

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 08/30/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
10

Plaintiff's EX PARTE MOTION to associate attorney MARY C. VARGAS to appear pro hac vice ; declaration of Stanley E. Levin; declaration of Mary C. Vargas; order granting plaintiffs' ex parte motion to associate counsel pro hac vice (bbb) (Entered: 09/06/2002)

Aug. 30, 2002

Aug. 30, 2002

PACER
11

Plaintiff's EX PARTE MOTION to associate attorney MARC P. CHARMATZ to appear pro hac vice ; declaration of Stanley E. Levin; declaration of Marc P. Charmatz; order granting plaintiffs' ex parte motion to associate counsel pro hac by Mag Judge Kevin S. Chang (bbb) (Entered: 09/06/2002)

Aug. 30, 2002

Aug. 30, 2002

PACER
12

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 09/10/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
13

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 09/10/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
14

Rule 16 SCHEDULING CONFERENCE STATEMENT by plaintiff Charing Bernard; certificate of service (bbb) (Entered: 09/13/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
15

SCHEDULING CONFERENCE STATEMENT by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai; certificate of service (bbb) (Entered: 09/13/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
16

CERTIFICATE of service by plaintiff Charing Bernard (eps) (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
17

EP : Rule 16 Scheduling Conference 1. Non-jury trial on August 5, 2003 at 9:00.a.m. before SPK 2. Final Pretrial Conference on June 24, 2003 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by June 17, 2003 5. File motions to Join/Add Parties/Amend Pleadings by January 3, 2003 6. File other Non-Dispositive Motions by May 7, 2003 7. File Dispositive Motions by March 5, 2003 8a. File Motions in Limine by July 15, 2003 8b. File opposition memo to a Motion in Limine by July 22, 2003 11a. Plaintiff's Expert Witness Disclosures by February 3, 2003 11b. Defendant's Expert Witness Disclosures by March 5, 2003 12. Discovery deadline June 6, 2003 13. Settlement Conference set for April 7, 2003 at 2:00 p.m. before KSC 14. Settlement Conference statements by March 31, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by July 15, 2003 24. Exchange Exhibit and Demonstrative aids by July 8, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 15, 2003 26. File objections to the Exhibits by July 22, 2003 28a. File Deposition Excerpt Designations by July 15, 2003 28b. File Deposition Counter Designations and Objections by July 22, 2003 29. File Trial Brief by July 22, 2003 30. File Findings of Fact & Conclusions of Law by July 22, 2003 ; Trial set for 9:00 8/5/03 before Judge Samuel P. King, ; final pretrial conference set for 9:00 6/24/03 ; Discovery ddl set for 6/6/03 ; Motion filing ddl set for 3/5/03 ; settlement/status conference set for 2:00 4/7/03 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 09/19/2002)

Sept. 16, 2002

Sept. 16, 2002

PACER
18

Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 09/19/2002)

Sept. 17, 2002

Sept. 17, 2002

PACER
19

EO: Defendants State of Hawaii's, et al. Motion to Dismiss Complaint set for hearing on October 30, 2002 is hereby continued to November 15, 2002 @l0:00 a.m. before Judge S. King. Plaintiff's Counsel will be filing a Motion for Preliminary Injunction that will also be calendared for November 15, 2002. cc: All Counsel of Record [8-1] () JUDGE Judge Samuel P. King (afc) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
20

First AMENDED COMPLAINT [1-1] by plaintiff Charing Bernard; Summons issued; adding Allen Kaufman (bbb) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

PACER
21

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai (bbb) (Entered: 10/01/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
22

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai (bbb) (Entered: 10/01/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
24

DEMAND for jury trial and certificate of service - by plaintiff (lmg) (Entered: 10/04/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
23

CERTIFICATE of service by plaintiff Charing Bernard (eps) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

PACER
25

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
26

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
27

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
28

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
29

NOTICE of WITHDRAWAL OF MOTION by defendants re: defendants State of Hawaii Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beavers motion to dismiss complaint [8-1] filed on July 9, 2002; certificate of service (bbb) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
30

NOTICE OF MOTION and motion by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard ; memorandum in support of motion; declaration of James Kanehira; exhibits a-l; certificate of service; motion set for 10:00 11/15/02 before Judge Samuel P. King (bbb) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
31

ANSWER by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai to first amended complaint as to claims brought by plaintiff Allen Kaufman [20-1]; certificate of service (bbb) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
33

NOTICE OF MOTION and plaintiffs' motion by plaintiff Charing Bernard for a preliminary injunction ; memorandum in support of motion; declaration of Charing Bernard; declaration of Jenny Blake; declaration of Allen Kaufman; declaration of Carol A. Kamara; exhibits a & b; and certificate of serfice; motion set for 10:00 11/15/02 before Judge Samuel P. King (bbb) (Entered: 10/16/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
32

CERTIFICATE of service by defendant (lmg) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
34

Plaintiffs Writ of Habeas Corpus Ad Testificandum re: attendance of Charing Bernard - DENIED by Judge Samuel P. King (afc) (Entered: 10/25/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER
35

MEMORANDUM by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai in opposition to motion for a preliminary injunction [33-1]; declaration of Kendall J. Moser; exhibits 1-2; certificate of service (fe) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER
36

MEMORANDUM by plaintiff Charing Bernard in opposition to defendants State of Hawaii, Department of Public Safety, Hawaii Paroling Authority and Al Beaver's motion to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard [30-1]; declaration of Charing Bernard; declaration of Jenny Blake; declaration of Carl M. Varady, exhibits 1-4; certificate of service (fe) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

PACER
37

CERTIFICATE of service by defendants Hawaii, State of (bbb) (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
38

Reply MEMORANDUM by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai in support of motion to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard [30-1]; declaration of Kendall J. Moser; exhibit a; certificate of service (bbb) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
39

REPLY MEMORANDUM by plaintiffs in support of plaintiffs' motion for preliminary injunction [33-1]; declaration of Allen Kaufman; exhibits a-b declaration of Stanley E. Levin; exhibits 5-10; and certificate of service (lmg) (Entered: 11/06/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
40

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai (fe) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

PACER
41

SUPPLEMENTAL declarations in support of plaintiffs' motion for preliminary injunction [39-1]; declaration of Connie J. Balmes; declaration of Bruce Clark; exhibit 11 and certificate of service (bbb) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

PACER
42

CERTIFICATE of service by defendants (bbb) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
43

CERTIFICATE of service by defendants (bbb) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
44

EP : Defendants' Motion to Dismiss Plaintiff Charing Bernard's 1st Amended Complaint is taken under advisement. Plaintiffs' Motion for Preliminary Injunction is taken under advisement. [30-1] [33-1] ( Ct Rptr :ESR-BB ) JUDGE Judge Samuel P. King (bbb) (Entered: 11/19/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
45

EO :Settlement Conference/Status Conference set for 02/12/2003 02:00 PM before Judge Chang. Settlement Conference Statements shall be submitted to Judge Chang's Chambers by February 05, 2003. (This Conference was set up by Judge S. King) cc: All Counsel by Fax settlement/status conference set for 2:00 2/12/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
46

EO :Settlement Conference advance from 2-12-03 to 2-10-03 at 2:00 KSC. Kendall Moser to notify parties. settlement conference set for 2:00 2/10/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 01/29/2003)

Jan. 28, 2003

Jan. 28, 2003

PACER
47

EO :By agreement of the parties, Continued : [Settlement Conference] from 02/10/2003 02:00:00 PM to 02/13/2003 02:00:00 PM before KSC. Carl Varady to notify parties. settlement conference set for 2:00 2/13/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

PACER
48

EP :Settlement Conference held. Next conference is set for 3-7-03 at 9:30 KSC. settlement conference held 2/13/03 ; settlement/status conference set for 9:30 3/7/03 before Judge Kevin S. Chang ( Ct Rptr : none) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 02/19/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER
49

EP :Further Settlement Conference held. Next conference is set on 3-14-03 at 3:00 KSC. settlement conference held 3/7/03 ; settlement/status conference set for 3:00 3/14/03 before Mag Judge Kevin S. Chang ( Ct Rptr : No Reporter) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

PACER
50

EO :Further Settlement Conference set for 03/14/2003 @3:00 p.m. is moved to 10:30 a.m. on the same day before Judge Chang. cc: All Counsel by Fax settlement/status conference set for 10:30 3/14/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) Modified on 03/25/2003 (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

PACER
51

ORDER by Judge Samuel P. King granting in part and denying in part defendants' motion to dismiss [30-1] and order granting in part and denying in part plaintiffs' motion for a preliminary injunction [33-1] (cc: all counsel) (fe) Modified on 03/25/2003 (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

PACER
52

defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver ANSWER to first amended complaint as to claims brought by plaintiff Charing Bernard [20-1]; certificate of service (bbb) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
53

EO :Settlement Conference set for 4/7/03 at 2:00 pm before Judge Chang has been taken off. Parties to call if a further settlement conference is needed. Mr. Levin's office to notify all parties. settlement conference, ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

PACER
54

EO :Status Conference is set for 6/10/2003 at 9:00 AM before Judge Chang. status conference set for 9:00 6/10/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

PACER
55

EP :Status Conference. Discussion held. Parole issue discussed. Fees and costs issue discussed. A Stipulation for Partial Dismissal as to Bernard to be submitted by 7/14/03. New trial date given. Amended Rule 16 Order to be issued. 1. Non-jury trial on February 10, 2004 at 9:00 a.m. before SPK 2. Final Pretrial Conference on December 30, 2003 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by December 23, 2003 5. File motions to Join/Add Parties/Amend Pleadings by July 11, 2003 6. File other Non-Dispositive Motions by November 12, 2003 7. File Dispositive Motions by September 10, 2003 8a. File Motions in Limine by January 20, 2004 8b. File opposition memo to a Motion in Limine by January 27, 2004 11a. Plaintiff's Expert Witness Disclosures by August 11, 2003 11b. Defendant's Expert Witness Disclosures by September 10, 2003 12. Discovery deadline December 12, 2003 13. Settlement Conference set for 10/29/03 at 2:00pm before KSC 14. Settlement Conference statements by 10/22/03 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by January 20, 2004 24. Exchange Exhibit and Demonstrative aids by January 13, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 20, 2004 26. File objections to the Exhibits by January 27, 2004 28a. File Deposition Excerpt Designations by January 20, 2004 28b. File Deposition Counter Designations and Objections by January 27, 2004 29. File Trial Brief by January 27, 2004 30. File Findings of Fact & Conclusions of Law by January 27, 2004 Other Matters: None. status conference held 6/10/03 before Mag Judge Kevin S. Chang, Trial set for 9:00 2/10/04 before Judge Samuel P. King, final pretrial conference set for 9:00 12/30/03 ; Discovery ddl set for 12/12/03 ; Motion filing ddl set for 9/10/03 ; settlement/status conference set for 2:00 10/29/03 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Kevin S. Chang (fe) (Entered: 06/10/2003)

June 10, 2003

June 10, 2003

PACER
56

AMENDED RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 06/16/2003)

June 12, 2003

June 12, 2003

PACER
57

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai (fe) (Entered: 07/31/2003)

July 30, 2003

July 30, 2003

PACER
58

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai (fe) (Entered: 07/31/2003)

July 30, 2003

July 30, 2003

PACER
59

EO :Status Conference is set for 8/29/2003 at 9:00 AM before Judge Chang. Mr. Moser to notify all parties. status conference set for 9:00 8/29/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

PACER
60

EP: Status Conference Regarding Trial date and other Scheduling Deadlines- The Trial will be moved 60 Days from the present date- 1. Non-jury trial on April 13, 2004 at 9:00 a.m. before SPK 2. Final Pretrial Conference on March 2, 2004 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 24, 2004 5. File motions to Join/Add Parties/Amend Pleadings by closed 6. File other Non-Dispositive Motions by January 14, 2004 7. File Dispositive Motions by November 12, 2003 8a. File Motions in Limine by March 23, 2004 8b. File opposition memo to a Motion in Limine by March 30, 2004 11a. Plaintiff's Expert Witness Disclosures by October 13, 2003 11b. Defendant's Expert Witness Disclosures by November 12, 2003 12. Discovery deadline February 13, 2004 13. Settlement Conference set for December 12, 2003 at 10:00am before KSC 14. Settlement Conference statements by December 05, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 23, 2004 24. Exchange Exhibit and Demonstrative aids by March 16, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 23, 2004 26. File objections to the Exhibits by March 30, 2004 28a. File Deposition Excerpt Designations by March 23, 2004 28b. File Deposition Counter Designations and Objections by March 30, 2004 29. File Trial Brief by March 30, 2004 30. File Findings of Fact & Conclusions of Law by March 30, 2004 Other Matters; ; Trial set for 9:00 4/13/04 before Judge Samuel P. King, final pretrial conference set for 9:00 3/2/04; Discovery ddl set for 2/13/04; Motion filing ddl set for 11/12/03; settlement/status conference set for 10:00 12/12/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : None) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 09/04/2003)

Aug. 29, 2003

Aug. 29, 2003

PACER
61

Second AMENDED Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

PACER
62

EO: Letter Briefs are to be submitted to Judge Chang by October 16, 2003 by 4:00 p.m. regarding Answers to Interrogatories and Written Request for Discovery Documents that were requested by the Defendants from the Plaintiffs. cc: All Counsel of Record by Fax and Judge Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

PACER
63

NOTICE OF hearing defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai's motion for leave to take oral deposition of Plaintiff Charing Bernard ; declaration of Kendall J. Moser; certificate of service; motion set for 9:30 11/13/03 before Mag Judge Kevin S. Chang (bbb) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

PACER
64

EO: Discovery Conference is set for 10/24/2003 at 3:00 PM before Judge Chang. All counsel to participate by phone. cc: all counsel of record ; in court hearing set for 3:00 10/24/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
65

EO: At counsel's request, the Discovery Conference currently set for 10/24/2003 at 3:00 PM has been continued to 10/30/2003 at 2:30 PM before Judge Chang. A Status Conference will also be held. Kendall Moser to notify all parties. ; settlement/status conference set for 2:30 10/30/03 ; in court hearing set for 2:30 10/30/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/27/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
66

NOTICE OF MOTION and motion by plaintiff Allen Kaufman to withdraw attorney ; declaration of Stanley E. Levin; exhibit a and certificate of service - set for 9:30 11/13/03 before Mag Judge Kevin S. Chang (fe) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

PACER
67

defendants State of Hawaii, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai's RESPONSE to plaintiffs' motion to withdraw as counsel for plaintiff Allen Kaufman [66-1]; certificate of service (bbb) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

PACER
68

EP: Discovery/Status Conference. Discussion held regarding Interrogatory and Production of Documents regarding Plaintiff Kaufman which shall be addressed further at the 11/13/03 motion. Issues regarding Plaintiff Bernard to be discussed at a Status Conference following the 11/13/03 motion. ; settlement/status conference held 10/30/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5-no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

PACER
69

Amended CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai (bbb) Modified on 11/13/2003 (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
70

Amended CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai (bbb) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
71

EO: At counsel's request, the Settlement Conference currently set for 12/12/2003 at 10:00 AM has been continued to 1/21/2004 at 2:00 PM before Judge Chang. Kendall Moser to notify all parties. ; settlement/status conference set for 2:00 1/21/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
73

EP: 1) Defendants State of Hawaii's Motion for Leave to Take Deposition, 2) Plaintiffs' Motion to Withdraw as Counsel for Plaintiff Allen Kaufman, and 3) Status Conference. There being no opposition, Defendants State of Hawaii's Motion for Leave to Take Deposition is hereby granted. Mr. Moser to prepare the order. There being no opposition, Plaintiffs' Motion to Withdraw as Counsel for Plaintiff Allen Kaufman is hereby granted. Mr. Varady to prepare the order and include the last known address and phone number in the order. Until an appearance is made, Mr. Kaufman will be considered Pro Se. Status Conference held. Mr. Moser will serve discovery requests upon Mr. Kaufman. A Status Conference will be held on 12/8/03 at 9:00am before Judge Chang. Mr. Kaufman should be present at this status conference. cc: all counsel of record, via mail; Allen Kaufman, via mail [66-1] [63-1] ; in court hearing set for 9:00 12/8/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 Tape #1198) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
72

ORDER granting motion to withdraw attorney [66-1] by Mag Judge Kevin S. Chang: attorney Stanley E. Levin for Allen Kaufman, attorney Carl M. Varady for Allen Kaufman (bbb) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
74

ORDER granting defendants State of Hawaii, Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beaver's motion for leave to take oral deposition of Plaintiff Charing Bernard [63-1] (bbb) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

PACER
75

STIPULATION to dismiss with prejduice all cliams brought by Plaintiff Allen Kaufman, and ORDER by Judge Samuel P. King: plaintiff Charing Bernard's claims against defendants remain. terminating party Allen Kaufman (bbb) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

PACER
76

EO: At Plaintiff's request, the Status Conference currently set for 12/08/2003 at 9:00 AM has been continued to 12/18/2003 at 9:00 AM before Judge Chang. Carl Varady to notify all parties. ; in court hearing set for 9:00 12/18/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

PACER
77

EP: Status Conference. Discussion held regarding the "Bridge Program", communication access, interpreter services, grievance process, defendant's expert. Mr. Moser to check on length of "Bridge Program". ; In-court hearing held 12/18/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

PACER
78

EO: At Plaintiff's request, the Settlement Conference currently set for 1/21/2004 at 2:00 PM has been continued to 2/05/2004 at 11:00 AM before Judge Chang. Kendall Moser to notify all parties; settlement/status conference set for 11:00 2/5/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

PACER
79

EO : At Plaintiff's request, the Settlement Conference currently set for 2/05/2004 at 11:00 AM has been continued to 2/18/2004 at 11:00 AM before Judge Chang. Carl Varady to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

PACER
80

EP: Settlement Conference. Settlement conference held. Further Settlement Conference and/or Final Pretrial Conference set 3/2/04 at 9:00am before Judge Chang. ; settlement/status conference set for 9:00 3/2/04 before Mag Judge Kevin S. Chang (Ct Rptr: in chambers-no record) JUDGE Judge Kevin S. Chang (bbb) (Entered: 02/19/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
81

defendants State of Hawaii, Department of Public Safety, State of Hawaii Paroling Authority, Al Beaver, and Ted Sakai's FINAL PRETRIAL STATEMENT; certificate of service (bbb) (Entered: 02/26/2004)

Feb. 24, 2004

Feb. 24, 2004

PACER
82

plaintiff Charing Bernard's PRETRIAL STATEMENT; certificate of service (bbb) (Entered: 02/26/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
83

EP : Settlement Conference. Settlement conference held. Parties are close. Mr. Varady to review the proposal for settlement with his client. Further Settlement Conference set 3/5/04 at 9:00am before Judge Chang. Final Pretrial Conference continued to 3/5/04 at 9:00am before Judge Kevin S. Chang ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

PACER
84

EP : Further Settlement Conference; Final Pretrial Conference. Settlement conference held. Settlement reached. Terms stated on the record. Status Conference Re: Filing of Dismissal set 3/29/04 at 9:00am before Judge Chang. Non Jury Trial date of 4/13/04 before Judge King is hereby vacated. Mr. Varady to file his Motion as to Fees and Costs by 3/22/04. Statement of Consultation will not be needed. Final Pretrial Conference is hereby vacated. settlement/status conference held 3/5/04 ; status conference set for 9:00 3/29/04 ; Trial vacated ( Ct Rptr : C4, CD2 (9:07-9:13:58)) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

PACER
85

EP : Status Conference Re: Filing of Dismissal. Parties are close to final language in the Settlement Agreement. If counsel unable to resolve by Friday, April 2, 2004, the Court will enter an Order of Dismissal retaining jurisdiction to enforce the terms and conditions of settlement. cc: Carl Varady, by fax ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

PACER
86

EO: Status Conference-Regarding the Settlement and the Stipulation for Dismissal set for April 19, 2004 @9:00 a.m. before Judge Chang. Pltf's Counsel Carl M. Varady will notify all Counsel of this Status Conference Date. ; settlement/status conference set for 9:00 4/19/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

PACER
87

NOTICE OF Non-hearing MOTION; plaintiff Charing Bernard's MOTION for an award of attorneys' fees and costs ; memorandum in support of motion; declaration of Carl M. Varady; exhibits 1-3; certificate of service; referred to Judge Samuel P. King (bbb) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

PACER
88

DECLARATION of Stanley E. Levin in support of plaintiff's motion for award of attorneys fees and costs; exhibit 1 and certificate of service [87-1] by plaintiff Charing Bernard (bbb) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

PACER
89

ORDER by Judge Samuel P. King electing to have Mag Judge Kevin S. Chang adjudicate the motion for an award of attorneys' fees and costs [87-1] (bbb) (Entered: 04/16/2004)

April 14, 2004

April 14, 2004

PACER
90

EO: settlementa conference re: attorneys' fees and costs [87-1] set for 2:00 5/19/04 (); cc: all counsel JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/19/2004)

April 16, 2004

April 16, 2004

PACER
91

EP: Status Conference Regarding the Settlement and the Stipulation for Dismissal. Discussion held regarding the language in the Stipulation presented to the Court this morning by Mr. Varady. Mr. Moser to review Stipulation with his supervisor. ; settlement/status conference held 4/19/04 before Mag Judge Kevin S. Chang ( Ct Rptr : C5-no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

PACER
92

NOTICE OF hearing MOTION; plaintiff Charing Bernard's MOTION to enforce settlement agreement or to enter an order of recission ; declaration of Carl M. Varady; exhibits 1-4; certificate of service - referred to Mag Judge Kevin S. Chang (bbb) (Entered: 04/22/2004)

April 21, 2004

April 21, 2004

PACER
93

EO: Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission filed on 4/21/04 is hereby set for hearing on 5/26/2004 at 9:30 AM before Judge Chang. cc: all counsel via fax [92-1] () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

PACER
94

defendants State of Hawaii, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai's MEMORANDUM in opposition to plaintiffs' motion for an award of attorneys' fees and costs [87-1]; declaration of Kendall J. Moser; exhibits a-h; certificate of service (bbb) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

PACER
95

plaintiff Charing Bernard's REPLY to defendant State of Hawaii, Department of Public Safety, Ted Sakai, Hawaii Paroling Authority and Al Beaver's memorandum in opposition to plaintiff's motion for an award of attorneys' fees and costs [94-1]; declaration of Carl M. Varady, exhibit 1; certificate of service (bbb) (Entered: 05/05/2004)

May 3, 2004

May 3, 2004

PACER
96

defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai MEMORANDUM in opposition to plaintiffs' motion to enforce settlement agreement or to enter an order of recission [92-1]; declaration of Kendall J. Moser; exhibits a-d; certificate of service (bbb) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

PACER
97

plaintiff Charing Bernard's REPLY to defendant State of Hawaii Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beaver's opposition to plaintiff's motion to enforce settlement agreement or to enter an order of recision [96-1]; declaration of Carl M. Varady, exhibits 1-8; certificate of service (bbb) (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

PACER
98

EO: Settlement Conference Re: Attorneys' Fees and Costs currently set for 5/19/2004 at 2:00 PM has continued to 5/26/2004 at 9:30 AM before Judge Chang along with Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission currently set. cc: Stanley Levin, Carl Varady and Kendall Moser via fax ; settlement/status conference set for 9:30 5/26/04 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 05/20/2004)

May 18, 2004

May 18, 2004

PACER
99

EP: 1. Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission 2. Settlement Conference Re: Plaintiff Charing Bernard's Motion for An Award of Attorneys' Fees and Costs. Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission is granted. Order of Dismissal to be entered by this Court. Court heard arguments on Plaintiff Charing Bernard's Motion for An Award of Attorneys' Fees and Costs. Motion taken under advisement. Court to issue a written ruling. [92-1], [87-1] ( Ct Rptr : C5 CD#4 9:38-9:54:39a) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: June 18, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf inmates

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hawaii Paroling Authority, State

Hawaii Department of Public Safety, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitoring

Monitor/Master

Preliminary relief granted

Issues

Disability:

Hearing impairment

Type of Facility:

Government-run