Case: Davis v. Abercrombie

1:11-cv-00144 | U.S. District Court for the District of Hawaii

Filed Date: Feb. 7, 2011

Closed Date: May 22, 2017

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Case Summary

On February 7, 2011, six Hawaii residents of Native Hawaiian ancestry held in for-profit prisons filed this state court class action lawsuit on behalf of themselves and those similarly situated. Each plaintiff had been transferred to one of two private prisons in Arizona pursuant to a state contract: Saguaro Correctional Center or Red Rock Correctional Center. Each plaintiff followed Native Hawaiian religious practices. Represented by the Native Hawaiian Legal Corporation and private attorneys, they brought this action against the Hawai'i state governor, the director of the Department of Public Safety, and CoreCivic (formerly Corrections Corporation of America). The plaintiffs alleged that the defendant prisons prohibited them from exercising their constitutional and statutory right to practice their religion by limiting their access to sacred items, sacred spaces, spiritual advisors, daily worship practices, and observance of Makahiki ceremonies. The initial claims arose under 42 U.S.C. § 1983 and state law. The complaint sought declaratory and injunctive relief under state law, as well as First and Fourteenth Amendment free exercise and equal protection rights, such that the defendants would provide a policy that would allow the plaintiffs the time and space necessary to follow the practices of their faith. Additionally, the plaintiffs requested compensatory damages and attorneys' fees and costs.

On March 8, 2011, the defendants removed the case to the U.S. District Court for the District of Hawaii. On March 23, they moved for a change of venue to the District Court of Arizona because of the location of the two private prisons. On May 27, Judge Barry M. Kurren denied the motion, holding its removal distinguished it from Bush v. Hawaii and Davis v. Hawaii. Section 28 U.S.C. 1441 governed once the case was removed and because the venue was not inconvenient, it remained in Hawaii. 2011 WL 2118276.

On November 14, 2011, the plaintiffs filed an amended complaint seeking class certification and requesting damages and classwide declaratory and injunctive relief. The complaint also added claims that the defendants' conduct violated the Religious Land Use and Institutionalized Persons Act. On March 22, 2012, the plaintiffs moved to compel class certification. The defendants responded by both opposing the motion and filing for a protective order against discovery that they alleged was unduly burdensome. Discovery continued to be litigated throughout the case by both parties. The defendants also moved for a class determination no later than July, citing plaintiffs' delay in filing an action. On April 26, the plaintiffs requested a preliminary injunction, requesting immediate replacement of certain personal, religious items.

On May 11, 2012, Judge Kurren granted in part the plaintiffs' motion to compel class certification and granted in part the defendants' protective order.

The plaintiffs filed a second amended complaint on August 22, 2012, with a supplemental complaint filed on behalf of one plaintiff who claimed additionally that he experienced unlawful retaliation in the form of segregation and removal from his job. On September 30, 2012, Judge Leslie E. Kobayashi denied two plaintiffs' request for a preliminary injunction because the likelihood of irreparable harm was minimal in these individual cases. 903 F.Supp.2d 975.

In December 2012, the defendants moved to dismiss for failure to exhaust available administrative remedies as prescribed by the Prison Litigation Reform Act. The defendants claimed that the plaintiffs failed to properly file grievances as to their alleged harms. Although the parties had vacated previously set settlement conferences, in March 2013, the plaintiffs requested and the court granted mandatory settlement conferences before Judge Kurren. Simultaneously, the plaintiffs moved for a protective order prohibiting retaliation against and intimidation of witnesses, which was denied at the first settlement conference without prejudice.

On April 11, 2013, Judge Kobayashi granted in part and denied in part the defendants' motion to dismiss for failure to exhaust. The motion was granted as to: (1) the claims for regular meetings with a spiritual advisor made by certain plaintiffs; (2) the supplemental retaliation claims and claims for regular meetings with a spiritual advisor; and (3) and one plaintiff's claims for daily religious congregation and establishment of an outdoor altar. The judge denied the motion as to: (1) the state law claims; (2) claims for congregation with other practitioners on a daily basis, participation in certain Makahiki rituals and ceremonies, access to sacred items, and establishment of an outdoor altar; (3) one plaintiff's claims for participation in certain Makahiki rituals and ceremonies, regular meetings with a spiritual advisor, and access to sacred items; and (4) all of another plaintiff's religious claims. 2013 WL 1568425. Motions for partial reconsideration were denied. 2013 WL 2468356.

On July 31, 2013, the defendants moved for summary judgment. The following September, the court ordered a judgement on the pleadings and dismissed all claims against the governor as a defendant, removing him as a party. It also dismissed claims under count XXI in the second amended and supplemental complaints, which had alleged that restrictions on observance of the Makahiki caused by the transfer to an Arizona prison violated Hawaiian state statutes and the state constitution. The court held that providing a remedy for these claims would create an implausible and infeasible obligation on the state beyond what the state constitution required. The court also dismissed the defendants' request for sanctions. 2013 WL 5204982.

On October 31, the plaintiffs moved for partial summary judgment on the claims filed under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and on December 23, a counter-motion for summary judgment accompanied their response to the defendants' motion. The plaintiffs moved to remand state law claims, but the request was denied. Oral arguments were held on January 27, 2014 on the motions and counter-motions for summary judgment. On March 31, Judge Kobayashi granted in part and denied in part both the defendants' motion and the plaintiffs' motion for partial summary judgment on the RLUIPA claims. The court also granted the counter-motion for summary judgment brought on the behalf of one plaintiff. That left (1) those claims seeking damages and retrospective equitable relief; (2) claims against Red Rock seeking prospective declaratory and injunctive relief; (3) one plaintiffs claims seeking prospective declaratory and injunctive relief regarding Saguaro; (4) another plaintiff's claims seeking prospective declaratory and injunctive relief regarding restricted custody at Saguaro; (5) the state law retaliation claim. 2014 WL 1321006. The defendants subsequently moved for reconsideration of their summary judgment motion, which Judge Kobayashi granted in part in June 2014. 2014 WL 2468348 (Amended 2014 WL 2716856). The court denied the plaintiffs leave to file a third amended complaint in May 2014.

On May 13, 2014, the remaining defendants moved for summary judgment on the issue of sovereign immunity and damages. On July 31, Judge Kobayashi granted summary judgment to the defendants in part. The court granted summary judgment in favor of the defendants on: (1) all § 1983 claims against the Director of Hawaii Department of Public Safety seeking retrospective or declaratory relief; (2) claims seeking damages or retrospective relief under the Hawaii State Constitution; and (3) state law retaliation claims seeking punitive damages. (4) The plaintiffs remaining claims under § 1983 and RLUIPA were limited to compensatory and nominal damages only. 2014 WL 3809499.

The plaintiffs also filed a second motion to certify the class and amended that motion in July 2014. On August 21, 2014, Judge Kobayashi granted a preliminary ruling on class certification on the record. The court certified a "prospective relief class" to refer to claims for prospective relief regarding daily, outdoor, group worship and access to sacred items. The court denied certification of a damages class. The court withheld a ruling on prospective relief subclasses. On September 30, 2014, Judge Kobayashi certified the prospective relief class and defined it as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are and/or will be confined to Saguaro Correctional Center ("Saguaro"); c) in the general population; and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. The court also established a subclass of those individuals of the prospective relief class held in protective custody. A class seeking nominal damages and other retrospective relief was also established and defined as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in the general population; and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. From that class, the court established two classes: (1) the "SHIP Damages Subclass," defined as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in the Special Housing Incentive Program (SHIP); and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith; and (2) the "Protective Custody" damages subclass, defined as a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in protective custody; and d) who have, according to Saguaros's established procedures, declared that the Native Hawaiian religion is their faith. All remaining class claims were denied and remained only to be litigated on behalf of the named plaintiffs. 2014 WL 4956454.

On November 10, Judge Kobayashi entered an order addressing the remaining class claims from the court's earlier disposition on summary judgment and other claims regarding Makahiki and certain religious items. It held that those class claims still remained for plaintiffs to pursue. The plaintiffs were subsequently ordered to provide notice to members of the classes and subclasses.

On November 12, 2014, the plaintiffs filed a second motion for a protective order to prohibit retaliation against class participants and intimidation of witnesses. The defendants moved to recoup attorneys' fees and costs as to this motion, but the court denied it as premature on December 3. On December 24, the plaintiffs' second motion was denied. 2014 WL 7366685. The parties prepared for an estimated 10-day trial.

In May 2015, the parties requested and held a series of expedited settlement conferences before Judge Kurren that month. The parties first presented a settlement agreement on the record on June 5, 2015. Settlement talks continued through September and October between the parties. Although the case settled on October 16, 2015, negotiations continued through March 2016 when the defendants requested preliminary approval of the May 14 settlement terms (as expressed on the record on June 5) and a fairness hearing. The named plaintiffs subsequently opposed it, claiming a settlement had never been reached and the terms were part of the negotiation process. On September 7, 2016, Judge Kobayashi granted preliminary approval of the settlement and ordered that plaintiffs give notice by December 1 to object or opt out of the settlement. Though the plaintiffs claimed a settlement had never been reached and a number of members of the class filed letters of objection, the court reviewed discussions under contract law and held, under an analysis of Hanlon factors for fairness, that a settlement had been reached on April 11, 2017.

In the settlement, registered Native Hawaiian practitioners in the general population of the prisons and protective custody were permitted to retain in-cell one each of the requested religious items in a Ziploc bag along with other in-cell property, previously authorized sea salt, and written religious materials. Other materials would be available for check-out, including communal religious items stored in the chapel curing group programming, or purchase, including coconut oil and approved amulets. Those members of the class in administrative or disciplinary segregation would be allowed one each of standard religious items, except for coconut oil or bamboo nose flutes due to safety and security reasons. Saguaro agreed to publish an in-cell retention list and publish a communal items list in its chapel and add the lists to its policy. Donations were restricted; but replacement of communal use religious items could be requested so long as Saguaro agreed to work with the inmate population to identify a source or vendor for replacement. Practitioners were permitted outdoor worship classes six times per year for 1.5 hours each and to participate in two solstice and equinox and two Makahiki celebrations each year. They were also permitted weekly group gatherings for 1.5 hours in a secure location to be determined by the facility and access to a limited number of communal items stored in the chapel. Two additional Makahiki celebrations within a few days of the Makahiki celebrations were also permitted on a limited basis, with the same food offerings provided. Upon request and subject to availability, registered practitioners could request to meet with a spiritual advisor through the cell door for 15–20 minutes for non-disruptive ministry, prayers, or chants. Ceremonial food offering could be administered by the advisor through the cell door food slot and an inmate could receive an in-cell meal tray provided to GP inmates participating in Makahiki, given written advance request. Other SHIP inmates would be allowed to meet with the spiritual advisor in the dayroom for similar activities upon request and subject to availability for the Makahiki. However, participation in programming would be subject to restrictions for safety and security risks based on an individualized assessment of the inmate’s history and behavior.

All plaintiffs, both individual and class, waived and released all claims for damages. Instead, the defendant CoreCivic agreed to pay $70,000 to the Native Hawaiian Legal Corporation for costs incurred. Except for those expressly provided in the order, the parties bore their own attorneys’ fees and costs. The parties agreed that implementation and religious items would be made available within 60 days of the agreement. They also agreed to forgo a consent decree and court-ordered monitoring. The court did not retain jurisdiction to enforce the settlement.

An amended settlement order was submitted May 22, 2017 to reflect CoreCivic's name change. 2017 WL 2234175. The case was dismissed with prejudice and is now closed.

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Summary Authors

Chelsea Rinnig (7/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4880555/parties/davis-v-abercrombie/

Judge(s)

Attorney for Plaintiff

Haia, Moses K.N. III (Hawaii)

Kawahito, James Kazou (California)

Attorney for Defendant

Gluck, Daniel M (Hawaii)

Guzman, Jamie (Arizona)

Expert/Monitor/Master/Other

Bickerton, James J (Hawaii)

Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Kurren, Barry M. (Hawaii)

Attorney for Plaintiff

Haia, Moses K.N. III (Hawaii)

Kawahito, James Kazou (California)

Kopper, David Keith (Hawaii)

Ley, Leina'ala L (Hawaii)

Luke, Howard K.K. (Hawaii)

Manley, Sharla Ann (Hawaii)

Sprenger, Andrew B (Hawaii)

Westrick, Shawn (California)

Attorney for Defendant

Gluck, Daniel M (Hawaii)

Guzman, Jamie (Arizona)

Lewis, David C. (Arizona)

Love, Rachel (Arizona)

Luria, April (Hawaii)

Roeca, Jodie D. (Hawaii)

Struck, Daniel Patrick (Arizona)

Wieneke, Kathleen L (Arizona)

Expert/Monitor/Master/Other

Bickerton, James J (Hawaii)

Kopper, David Keith K (Hawaii)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00144	Docket	March 8, 2011	March 8, 2011 Docket
1 1:11-cv-00144	Complaint for Declaratory and Injunctive Relief and Damages	Feb. 7, 2011	Feb. 7, 2011 Complaint
1 1:11-cv-00144	Defendants' Notice of Removal	March 8, 2011	March 8, 2011 Notice Letter
28 1:11-cv-00144	Order Denying Defendants' Motion to Transfer Venue	May 27, 2011	May 27, 2011 Order/Opinion 2011 WL 2118276
145 1:11-cv-00144	Second Amended Complaint Davis vs. Abercrombie	Aug. 22, 2012	Aug. 22, 2012 Complaint
146 1:11-cv-00144	Supplemental Complaint for Damages and for Classwide Declarator and Injunctive Relief	Aug. 22, 2012	Aug. 22, 2012 Complaint
182 1:11-cv-00144	Order Denying Motion for Preliminary Injunction	Sept. 30, 2012	Sept. 30, 2012 Order/Opinion 903 F.Supp.2d 975
390 1:11-cv-00144	Order Granting Defendant's Motion for Judgment on the Pleadings	Sept. 13, 2013	Sept. 13, 2013 Order/Opinion 2013 WL 5204982
544 1:11-cv-00144	Amended Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment	June 13, 2014	June 13, 2014 Order/Opinion 2014 WL 2716856
596 1:11-cv-00144	Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment Re: Sovereign Immunity/Damages	July 31, 2014	July 31, 2014 Order/Opinion 2014 WL 3809499

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4880555/davis-v-abercrombie/

Last updated April 21, 2025, 10:12 a.m.

ECF Number	Description	Date	Link Date / Link
1	Defendants' NOTICE OF REMOVAL;# 1 Declaration of April Luria, # 2 Exhibit A, # 3 Certificate of Service by Ellington Keawe, Damien Kaahu, Neil Abercrombie, Corrections Corporation of America, Michael Hughes, Jodie Maesaka-Hirata, Richard Kapela Davis, Robert A. Holbron, James Kane, III from Circuit Court of the First Circuit, State of Hawaii, case number 11-1-0266-02RMB. (Attachments: # 4 Civil Cover Sheet) (bbb, ) (Entered: 03/09/2011) 1 Declaration of April Luria View on PACER 2 Exhibit A View on PACER 3 Certificate of Service View on PACER 4 Civil Cover Sheet View on PACER	March 8, 2011	March 8, 2011 Clearinghouse
2	Removal Filing fee: $ 350.00,receipt number 254766 re 1 Notice of Removal, (bbb, ) (Entered: 03/09/2011)	March 8, 2011	March 8, 2011 PACER
3	ORDER SETTING RULE 16 SCHEDULING CONFERENCE for 09:00AM on 4/4/2011 before Magistrate Judge BARRY M. KURREN. Signed by Chief JUDGE SUSAN OKI MOLLWAY on March 8, 2011. (Attachments: # 1 MEMO To All Counsel re: Corporate Disclosure Statements)(bbb, )No COS issued for this docket entry (Entered: 03/09/2011) 1 MEMO To All Counsel re: Corporate Disclosure Statements View on PACER	March 8, 2011	March 8, 2011 PACER
4	Defendant Corrections Corporation of America's CORPORATE DISCLOSURE STATEMENT; Certificate of Service. (bbb, ) (Entered: 03/09/2011)	March 8, 2011	March 8, 2011 PACER
5	ANSWER to Complaint with Jury Demand by Neil Abercrombie, Jodie Maesaka-Hirata, and Corrections Corporation of America. (Attachments: # 1 Demand for Jury Trial, # 2 Certificate of Service) (afc) (Entered: 03/10/2011) 1 Demand for Jury Trial View on PACER 2 Certificate of Service View on PACER	March 9, 2011	March 9, 2011 PACER
6	TRANSMITTAL of DOCUMENTS: First Circuit Court, State of Hawaii's - # 1 Table of Contents; # 2 Civil Information Sheet; # 3 Complaint; # 4 Governor Abercrombie, # 5 Jodie Maesaka-Hirata,, # 6 David M. Louie, # 7 Jodie Maesaka-Hirata, in her official capacity as Interim Director, # 8 Governer Neil Abercrombie, # 9 Corrections Corporation of America; # 10 Reassignment of Case; # 11 Notice of Filing Notice of Removal (part 1of2), # 12 Notice of Filing Notice of Removal (part 2of2). (bbb, ) (Entered: 03/14/2011) 1 First Circuit Court, State of Hawaii's: Table of Contents; View on PACER 2 Civil Information Sheet; View on PACER 3 Complaint; View on PACER 4 Governor Abercrombie, View on PACER 5 Jodie Maesaka-Hirata, View on PACER 6 David M. Louie, View on PACER 7 Jodie Maesaka-Hirata, in her official capacity as Interim Director, View on PACER 8 Governer Neil Abercrombie, View on PACER 9 Corrections Corporation of America; View on PACER 10 Reassignment of Case; View on PACER 11 Notice of Filing Notice of Removal (part 1of2), View on PACER 12 Notice of Filing Notice of Removal (part 2of2) View on PACER	March 10, 2011	March 10, 2011 PACER
7	MOTION to Change Venue April Luria appearing for Defendants Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata (Attachments: # 1 Memorandum of Points and Authorities, # 2 Certificate of Service)(Luria, April) (Entered: 03/23/2011) 1 Memorandum of Points and Authorities View on PACER 2 Certificate of Service View on PACER	March 23, 2011	March 23, 2011 PACER
8	NOTICE of Hearing on Motion 7 MOTION to Change Venue : Motion Hearing set for 6/6/2011 at 09:45 AM before JUDGE LESLIE E. KOBAYASHI. (wnn, )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: 03/23/2011)	March 23, 2011	March 23, 2011 PACER
9	EO: Defendants' Motion to Transfer Venue set for 6/6/2011 at 09:45 AM before JUDGE LESLIE E. KOBAYASHI is Vacated.Motion will be scheduled before JUDGE BARRY M. KURREN. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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: 03/23/2011)	March 23, 2011	March 23, 2011 PACER
10	EO: Rule 16 Scheduling Conference set for 4/4/2011 is continued to 4/7/2011 @ 01:30 PM before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements are due 3/31/2011. (Judge BARRY M. KURREN)(tyk)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: 03/24/2011)	March 24, 2011	March 24, 2011 PACER
11	Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Luria, April) (Entered: 03/28/2011) 1 Certificate of Service View on PACER	March 28, 2011	March 28, 2011 PACER
12	REPORT of Planning Meeting of the Parties, Pursuant to Fed. R. Civ.P. 26(f). (Attachments: # 1 Certificate of Service)(Sprenger, Andrew) (Entered: 03/28/2011) 1 Certificate of Service View on PACER	March 28, 2011	March 28, 2011 PACER
13	NOTICE of Hearing on 7 Defendants' Motion to Transfer Venue. Motion Hearing set for 4/28/2011 at 2:00PM before Judge BARRY M. KURREN. (kur2)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: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
14	EO: The Rule 16 Scheduling Conference set for 4/7/2011 is CONTINUED to 2:00PM on 4/28/2011 before Judge BARRY M. KURREN. Scheduling Conference Statements, if not already submitted, are due 4/21/2011. (Judge BARRY M. KURREN)(kur2)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: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
15	EO: At the agreement of counsel, the hearing on 7 Defendants' Motion to Transfer Venue set for 4/28/2011 is CONTINUED to 5/10/2011 at 1:30 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur1)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: 04/04/2011)	April 4, 2011	April 4, 2011 PACER
16	EO: The Rule 16 Scheduling Conference set for 4/28/2011 is CONTINUED to 1:30 PM on 5/10/2011 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 5/3/2011. (Judge BARRY M. KURREN)(kur1)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: 04/04/2011)	April 4, 2011	April 4, 2011 PACER
17	CERTIFICATE OF SERVICE by Richard Kapela Davis First Set of Interrogatories to Defendant Neil Abercrombie (Sprenger, Andrew) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
18	CERTIFICATE OF SERVICE by Richard Kapela Davis First Set of Requests for Production of Documents to Defendant Neil Abercrombie (Sprenger, Andrew) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
19	CERTIFICATE OF SERVICE by Richard Kapela Davis First Set of Requests for Production of Documents to Defendant Corrections Corporation of America (Sprenger, Andrew) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
20	CERTIFICATE OF SERVICE by Richard Kapela Davis First Set of Requests for Production of Documents to Defendant Jodie Maesaka-Hirata in Her Official Capacity as Interim Director of the Hawaii Department of Public Safety (Sprenger, Andrew) (Entered: 04/08/2011)	April 8, 2011	April 8, 2011 PACER
21	MEMORANDUM in Opposition to Defendants' Motion to Transfer Venue, filed March 23, 2011 filed by Richard Kapela Davis. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Declaration of Andrew B. Sprenger, # 11 Certificate of Word Count, # 12 Certificate of Service)(Sprenger, Andrew) (Entered: 04/19/2011) 1 Memorandum of Points and Authorities View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Declaration of Andrew B. Sprenger View on PACER 11 Certificate of Word Count View on PACER 12 Certificate of Service View on PACER	April 19, 2011	April 19, 2011 PACER
	Advisory Entry	April 20, 2011	April 20, 2011 PACER
	ADVISORY NOTICE ~ personal identifer disclosed within docket entry no. 21 : "Plaintiffs' Opposition to Defendants' Motion to Transfer Venue...." Please be advised that Exhibit "4" discloses the Social Security Number for Michael Hughes. As it is the responsibility of counsel to protect personal identifiers, counsel may refer to Fed.R.Civ.P. 5.2 "Privacy Protection for Filings Made with the Court", Local Rule 100.11.1 "Personal Identifiers," Local Rule 100.11.2 "Redaction/Reference List," and Local Rule 100.11.3 "Responsibility of Counsel" for guidance in redacting the information. (afc)	April 20, 2011	April 20, 2011 PACER
22	RESPONSE in Support re 7 MOTION to Change Venue filed by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Declaration of April Luria, # 2 Exhibit 1, # 3 Affidavit of Todd Thomas, # 4 Affidavit of Bruno Stolce, # 5 Certificate of Service)(Luria, April) (Entered: 04/26/2011) 1 Declaration of April Luria View on PACER 2 Exhibit 1 View on PACER 3 Affidavit of Todd Thomas View on PACER 4 Affidavit of Bruno Stolce View on PACER 5 Certificate of Service View on PACER	April 26, 2011	April 26, 2011 PACER
23	CERTIFICATE OF SERVICE by Richard Kapela Davis Plaintiffs' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) (Manley, Sharla) (Entered: 04/28/2011)	April 28, 2011	April 28, 2011 PACER
24	INITIAL DISCLOSURE by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Certificate of Service)(Luria, April) (Entered: 04/28/2011) 1 Certificate of Service View on PACER	April 28, 2011	April 28, 2011 PACER
25	INITIAL DISCLOSURE by Richard Kapela Davis. (Manley, Sharla) (Entered: 04/29/2011)	April 29, 2011	April 29, 2011 PACER
26	Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Manley, Sharla) (Entered: 05/03/2011) 1 Certificate of Service View on PACER	May 3, 2011	May 3, 2011 PACER
27	EP: Hearing on 7 Defendants' Motion to Transfer Venue held. This Motion is taken under advisement. Court to prepare order. Rule 16 Scheduling Conference not held. A Scheduling Conference is set for 6/22/2011 at 9:00 a.m. before Judge Barry M. Kurren. (C7F 1:32-1:46pm.) (Judge BARRY M. KURREN)(kur2)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: 05/10/2011)	May 10, 2011	May 10, 2011 PACER
28	ORDER DENYING DEFENDANTS' MOTION TO TRANSFER VENUE 7 - Signed by Judge BARRY M. KURREN on 5/27/11. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry	May 27, 2011	May 27, 2011 Clearinghouse
29	CERTIFICATE OF SERVICE by Neil Abercrombie (re Defendant Abercrombie's Responses to Plaintiff Davis' First Set of Interrogatories) (Luria, April) (Entered: 06/01/2011)	June 1, 2011	June 1, 2011 PACER
30	EP: Scheduling Conference held. New dates and deadlines given, as shown below. Court to prepare Rule 16 Scheduling Order. Discovery due 5/4/2012. Motions due 2/1/2012. Final Pretrial Conference set for 5/22/2012 at 9:00 AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 9:00 AM on 7/3/2012 before JUDGE LESLIE E. KOBAYASHI. Settlement Conference set for 4/11/2012 at 1:30 PM before Judge BARRY M. KURREN. (C7 no record 9:07-9:12 AM.) (Judge BARRY M. KURREN)(kur1)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: 06/22/2011)	June 22, 2011	June 22, 2011 PACER
31	RULE 16 SCHEDULING ORDER: Signed by Judge BARRY M. KURREN on 6/23/2011. (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: 06/24/2011)	June 24, 2011	June 24, 2011 PACER
32	CERTIFICATE OF SERVICE by Neil Abercrombie [re: Defendant Neil Abercrombie, in his official capacity As the Governor of The State of Hawaii's Answer to Plaintiff Richard Davis' First Set of Requests for Production of Documents (dated April 8, 2011)] (Luria, April) (Entered: 06/27/2011)	June 27, 2011	June 27, 2011 PACER
33	CERTIFICATE OF SERVICE by Corrections Corporation of America [re: Defendant Corrections Corporation of America's Answer to Plaintiff Richard Davis' First Set of Requests for Production of Documents (dated April 8, 2011)] (Luria, April) (Entered: 06/27/2011)	June 27, 2011	June 27, 2011 PACER
34	CERTIFICATE OF SERVICE by Jodie Maesaka-Hirata [re: Defendant Jodie Maesaka-Hirata, in her official capacity as Interim Director of the Hawaii Department of Public Safety's First Set of Requests for Production of Documents (dated April 8, 2011)] (Luria, April) (Entered: 06/27/2011)	June 27, 2011	June 27, 2011 PACER
35	CERTIFICATE OF SERVICE by Neil Abercrombie (re Defendant Abercrombies First Supplemental Responses To Plaintiff Davis First Set of Interrogatories) (Luria, April) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
36	MOTION for Leave to File Amended Complaint Andrew B. Sprenger appearing for Plaintiff Richard Kapela Davis (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Andrew B. Sprenger, # 3 Exhibit A, # 4 Certificate of Service)(Sprenger, Andrew) (Entered: 09/14/2011) 1 Memorandum of Points and Authorities View on PACER 2 Declaration of Andrew B. Sprenger View on PACER 3 Exhibit A View on PACER 4 Certificate of Service View on PACER	Sept. 14, 2011	Sept. 14, 2011 PACER
37	NOTICE of Hearing on 36 Plaintiff's Motion for Leave to File Amended Complaint. Motion Hearing set for 10/20/2011 at 2:00 PM before Judge BARRY M. KURREN. (kur2)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: 09/21/2011)	Sept. 21, 2011	Sept. 21, 2011 PACER
38	MEMORANDUM in Opposition re 36 MOTION for Leave to File Amended Complaint (filed September 14, 2011) filed by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Certificate of Service)(Luria, April) (Entered: 09/29/2011) 1 Certificate of Service View on PACER	Sept. 29, 2011	Sept. 29, 2011 PACER
39	REPLY to Defendants' Opposition to Motion for Leave to File Amended Complaint filed by Richard Kapela Davis. (Attachments: # 1 Certificate of Service)(Sprenger, Andrew) (Entered: 10/05/2011) 1 Certificate of Service View on PACER	Oct. 5, 2011	Oct. 5, 2011 PACER
40	EP:Hearing on 36 Plaintiff's Motion for Leave to File Amended Complaint held. This Motion is GRANTED. Andrew B. Sprenger to prepare order.A Status Conference is set for 12/2/2011 at 9:00 a.m. before Judge Barry M. Kurren.(C7F 2:03-2:13pm.) (Judge BARRY M. KURREN)(kur2)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: 10/20/2011)	Oct. 20, 2011	Oct. 20, 2011 PACER
41	ORDER GRANTING PLAINTIFFS' 36 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. related: 40 Minutes, Follows oral order of 10/20/2011. Signed by Magistrate Judge BARRY M. KURREN on November 4, 2011. (bbb, )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: 11/04/2011)	Nov. 4, 2011	Nov. 4, 2011 PACER
42	AMENDED COMPLAINT for Damages and for Classwide Declaratory and Injunctive Relief against All Defendants, filed by Ellington Keawe, Damien Kaahu, Michael Hughes, Richard Kapela Davis, Robert A. Holbron, James Kane, III. (Attachments: # 1 Summons and Proof of Service)(Sprenger, Andrew) (Entered: 11/14/2011) 1 Summons and Proof of Service View on PACER	Nov. 14, 2011	Nov. 14, 2011 PACER
43	SUMMONS Issued as to Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (bbb, ) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011 PACER
44	CERTIFICATE OF SERVICE by Richard Kapela Davis First Set of Interrogatories to Defendant Corrections Corporation of America (Manley, Sharla) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011 PACER
45	SUMMONS Returned Executed by Richard Kapela Davis. Neil Abercrombie served on 11/21/2011, answer due 12/12/2011. (Manley, Sharla) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
46	SUMMONS Returned Executed by Richard Kapela Davis. (Manley, Sharla) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
47	SUMMONS Returned Executed by Richard Kapela Davis. Jodie Maesaka-Hirata served on 11/22/2011, answer due 12/13/2011. (Manley, Sharla) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
48	SUMMONS Returned Executed by Richard Kapela Davis. (Manley, Sharla) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
49	WAIVER OF SERVICE Returned Executed by Ellington Keawe, Damien Kaahu, Michael Hughes, Richard Kapela Davis, Robert A. Holbron, James Kane, III. Corrections Corporation of America waiver sent on 11/22/2011, answer due 1/23/2012. (Sprenger, Andrew) (Entered: 12/02/2011)	Dec. 2, 2011	Dec. 2, 2011 PACER
50	EP: Status Conference held. All prior dates and deadlines are VACATED; new dates given as shown below. Court to prepare scheduling order. Discovery due by 11/16/2012. Motions due by 8/15/2012. Final Pretrial Conference set for 12/4/2012 09:00 AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 09:00 AM on 1/15/2013 before JUDGE LESLIE E. KOBAYASHI. Settlement Conference set for 10/18/2012 02:00 PM before Judge BARRY M. KURREN. (C7 no record 9:19-9:29am.) (Judge BARRY M. KURREN)(kur2)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: 12/02/2011)	Dec. 2, 2011	Dec. 2, 2011 PACER
51	ANSWER to 42 Amended Complaint, (filed November 14, 2011) by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Jury Demand, # 2 Certificate of Service)(Luria, April) (Entered: 12/05/2011) 1 Jury Demand View on PACER 2 Certificate of Service View on PACER	Dec. 5, 2011	Dec. 5, 2011 PACER
52	AMENDED RULE 16 SCHEDULING ORDER. Signed by Magistrate Judge BARRY M. KURREN on December 6, 2011. (bbb, )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: 12/06/2011)	Dec. 6, 2011	Dec. 6, 2011 PACER
53	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 2nd Set of Interrogs to Def Neil Abercrombie (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
54	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 2nd Set of Interrogs to CCA (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
55	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 1st Set of Interros to Jodie Maesaka-Hirata (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
56	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe Req for Admissions to Neil Abercrombie (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
57	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe Req for Admissions to CCA (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
58	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe Req for Admissions to Jodie Maesaka-Hirata (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
59	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 2nd Req for POD to Neil Abercrombie (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
60	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 2nd Req for POD to CCA (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
61	CERTIFICATE OF SERVICE by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe 2nd Req for POD to Jodie Maesaka-Hirata (Sprenger, Andrew) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
	Advisory Entry	Jan. 4, 2012	Jan. 4, 2012 PACER
	ADVISORY ENTRY. The entry docket number 55 Certificate of Service, 56 Certificate of Service, 54 Certificate of Service, 57 Certificate of Service and 58 Certificate of Service filed by Damien Kaahu, Michael Hughes, Ellington Keawe, James Kane, III, Robert A. Holbron, Richard Kapela Davis was signed by an attorney that differ from the atty's log-in, which appears at the end of the each docket entry as: [Atty's name]). Counsel is advised to refer to page 6 of the Amended General Order Adopting Electronic Case Filing Procedures, Section 5 Signatures. NO FURTHER ACTION REQUIRED.. (bbb, )	Jan. 4, 2012	Jan. 4, 2012 PACER
62	CERTIFICATE OF SERVICE by Corrections Corporation of America [re Defendant Corrections Corporation of Americas Responses to Plaintiffs Richard Davis et al.s Request for Admissions to Defendant Corrections Corporation of America] (Luria, April) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
63	CERTIFICATE OF SERVICE by Corrections Corporation of America [re Defendant Corrections Corporation of America's Responses to Plaintiffs Richard Davis et al.'s Second Set of Requests for Production of Documents to Defendant Corrections Corporation] (Luria, April) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
64	CERTIFICATE OF SERVICE by Corrections Corporation of America [re Defendant Corrections Corporation of America's Answers to Plaintiff Richard Davis' Second Set of Interrogatories to Defendant Corrections Corporation of America] (Luria, April) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
65	CERTIFICATE OF SERVICE by Corrections Corporation of America [re Defendant CCA's Response to Plaintiff Richard Davis' First Set of Interrogatories to Defendant Corrections Corporation of America (dated December 19, 2011)] (Luria, April) (Entered: 02/02/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
66	MOTION to Compel Class Certification Sharla Ann Manley appearing for Plaintiffs Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Sharla Manley, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Certificate of Conferring in Good Faith, # 17 Certificate of Service)(Manley, Sharla) Modified on 3/23/2012 to add "DISCOVERY" to description (afc). (Entered: 03/22/2012) 1 Memorandum of Points and Authorities View on PACER 2 Declaration of Sharla Manley View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Exhibit 9 View on PACER 12 Exhibit 10 View on PACER 13 Exhibit 11 View on PACER 14 Exhibit 12 View on PACER 15 Exhibit 13 View on PACER 16 Certificate of Conferring in Good Faith View on PACER 17 Certificate of Service View on PACER	March 22, 2012	March 22, 2012 PACER
67	NOTICE of Hearing on Motion 66 MOTION MOTION to Compel Class Certification : Motion Hearing set for 7/6/2012 at 02:00 PM before JUDGE LESLIE E. KOBAYASHI. (wnn, )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: 03/23/2012)	March 23, 2012	March 23, 2012 PACER
68	EO: Plaintiffs' Motion to Compel Class Certification set for 7/6/2012 at 02:00 PM before Judge Leslie E. Kobayashi is Vacated. Motion is actually a Motion to Compel Discovery, which will be referred to Magistrate Judge Barry M. Kurren. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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: 03/23/2012)	March 23, 2012	March 23, 2012 PACER
69	NOTICE of Hearing on 66 Plaintiffs' Motion To Compel Class Certification set for 5/1/2012 @ 10:00 AM before Judge BARRY M. KURREN. (tyk)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: 03/28/2012)	March 28, 2012	March 28, 2012 PACER
70	MEMORANDUM in Opposition [Defendants' Combined Response to Plaintiffs' Motion to Compel Class Certification and CROSS-MOTION for Protective Order] re 66 MOTION to Compel Class Certification Discovery filed by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Declaration Warden Thomas, # 2 Declaration Warden Griego, # 3 Declaration April Luria, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit B-1, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Declaration Kimoto, # 12 Declaration Valenzuela, # 13 Certificate of Service)(Luria, April) Docket text modified on 4/11/2012 to clarify title of document. (afc). (Entered: 04/10/2012) 1 Declaration Warden Thomas View on PACER 2 Declaration Warden Griego View on PACER 3 Declaration April Luria View on PACER 4 Exhibit A View on PACER 5 Exhibit B View on PACER 6 Exhibit B-1 View on PACER 7 Exhibit C View on PACER 8 Exhibit D View on PACER 9 Exhibit E View on PACER 10 Exhibit F View on PACER 11 Declaration Kimoto View on PACER 12 Declaration Valenzuela View on PACER 13 Certificate of Service View on PACER	April 10, 2012	April 10, 2012 PACER
71	REPLY re 66 MOTION MOTION to Compel Class Certification Discovery and Opposition to Defendants' Cross-Motion for Protective Order filed by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe. (Attachments: # 1 Declaration Supplemental Declaration of Sharla Manley, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17, # 6 Certificate of Word Count, # 7 Certificate of Service)(Manley, Sharla) (Entered: 04/17/2012) 1 Declaration Supplemental Declaration of Sharla Manley View on PACER 2 Exhibit 14 View on PACER 3 Exhibit 15 View on PACER 4 Exhibit 16 View on PACER 5 Exhibit 17 View on PACER 6 Certificate of Word Count View on PACER 7 Certificate of Service View on PACER	April 17, 2012	April 17, 2012 PACER
72	MOTION to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense Sharla Ann Manley appearing for Plaintiff Richard Kapela Davis (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Sharla Manley, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Certificate of Conferring in Good Faith, # 20 Certificate of Service)(Manley, Sharla) (Entered: 04/24/2012) 1 Memorandum of Points and Authorities View on PACER 2 Declaration of Sharla Manley View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Exhibit 9 View on PACER 12 Exhibit 10 View on PACER 13 Exhibit 11 View on PACER 14 Exhibit 12 View on PACER 15 Exhibit 13 View on PACER 16 Exhibit 14 View on PACER 17 Exhibit 15 View on PACER 18 Exhibit 16 View on PACER 19 Certificate of Conferring in Good Faith View on PACER 20 Certificate of Service View on PACER	April 24, 2012	April 24, 2012 PACER
73	NOTICE of Hearing on 72 Plaintiff Richard Davis' Motion to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense. Motion Hearing set for 5/31/2012 at 2:00PM before Judge BARRY M. KURREN. (kur2)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: 04/26/2012)	April 26, 2012	April 26, 2012 PACER
74	Declaration re 70 Memorandum in Opposition to Motion,,, [Submission of Original Declarations of Thomas, Griego, Kimoto and Valenzuela to (Doc. 70) Defendants' Combined Response to Plaintiffs' Motion to Compel Class Certification (Doc. 66) and Cross-Motion for Protective Order (Filed April 10, 2012)]. (Attachments: # 1 Declaration Thomas, # 2 Declaration Griego, # 3 Declaration Kimoto, # 4 Declaration Valenzuela, # 5 Certificate of Service)(Luria, April) (Entered: 04/26/2012) 1 Declaration Thomas View on PACER 2 Declaration Griego View on PACER 3 Declaration Kimoto View on PACER 4 Declaration Valenzuela View on PACER 5 Certificate of Service View on PACER	April 26, 2012	April 26, 2012 PACER
75	MOTION for Preliminary Injunction Andrew B. Sprenger appearing for Plaintiff Richard Kapela Davis (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Richard Kapela Davis, # 3 Declaration of James Kane III, # 4 Declaration of Ty Preston Kawika Tengan, # 5 Declaration of Counsel, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Certificate of Word Count, # 11 Certificate of Service)(Sprenger, Andrew) (Entered: 04/26/2012) 1 Memorandum of Points and Authorities View on PACER 2 Declaration of Richard Kapela Davis View on PACER 3 Declaration of James Kane III View on PACER 4 Declaration of Ty Preston Kawika Tengan View on PACER 5 Declaration of Counsel View on PACER 6 Exhibit A View on PACER 7 Exhibit B View on PACER 8 Exhibit C View on PACER 9 Exhibit D View on PACER 10 Certificate of Word Count View on PACER 11 Certificate of Service View on PACER	April 26, 2012	April 26, 2012 PACER
	Advisory Entry	April 27, 2012	April 27, 2012 PACER
	ADVISORY ENTRY. The entry docket number 75 MOTION for Preliminary Injunction filed by Richard Kapela Davis was filed incorrectly in this case. Exhibits should be submitted as separate attachments and not as one pdf within the declaration. No further action necessary. (gab, )	April 27, 2012	April 27, 2012 PACER
76	NOTICE of Hearing on Motion 75 MOTION for Preliminary Injunction : Motion Hearing set for 8/20/2012 at 11:15 AM before JUDGE LESLIE E. KOBAYASHI. (wnn, )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: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
77	MOTION to Certify Class [re Defendants' Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery] April Luria appearing for Defendants Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata (Attachments: # 1 Certificate of Service)(Luria, April) (Entered: 04/30/2012) 1 Certificate of Service View on PACER	April 30, 2012	April 30, 2012 PACER
78	NOTICE of Hearing on Motion 77 MOTION to Certify Class [re Defendants' Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery] MOTION to Certify Class [re Defendants' Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery] : Motion Hearing set for 8/20/2012 at 11:15 AM before JUDGE LESLIE E. KOBAYASHI. (wnn, )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: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
79	EO: 75 MOTION for Preliminary Injunction, 77 MOTION to Certify Class [re Defendants' Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery] MOTION to Certify Class [re Defendants' Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery]. Motion Hearing set for 8/20/2012 at 11:15 AM is moved to 8/27/2012 at 09:45 AM before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
80	EP: Hearing on 66 Plaintiffs' Motion To Compel Class Certification held. This Motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' request for fees and costs is denied. Sharla Ann Manley to prepare and submit an order on this Motion. (C7F 9:58-10:19am.) (Judge BARRY M. KURREN)(kur2)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: 05/01/2012)	May 1, 2012	May 1, 2012 PACER
81	Ex Parte MOTION for Extension of Time to File Response/Reply as to 72 MOTION to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense April Luria appearing for Defendants Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata (Attachments: # 1 Declaration of April Luria, # 2 Certificate of Service)(Luria, April) (Entered: 05/08/2012) 1 Declaration of April Luria View on PACER 2 Certificate of Service View on PACER	May 8, 2012	May 8, 2012 PACER
82	MEMORANDUM in Opposition to Defendants' Ex Parte Motion for Relief in the Form of an Extension of Time to Respond to Plaintiffs' Motion to Compel E-Discovery filed by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Certificate of Service)(Sprenger, Andrew) (Entered: 05/09/2012) 1 Memorandum of Points and Authorities View on PACER 2 Certificate of Service View on PACER	May 9, 2012	May 9, 2012 PACER
83	EO: The Court GRANTS 81 Defendants' Ex Parte Motion for Relief in the Form of an Extension of Time to Respond to Plaintiffs' Motion to Compel E-Discovery. Defendants' opposition memorandum to Plaintiffs' Motion to Compel E-Discovery is due 5/14/2012; Plaintiffs' reply memorandum is due 5/21/2012. (Judge BARRY M. KURREN)(kur2)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: 05/09/2012)	May 9, 2012	May 9, 2012 PACER
84	Ex Parte MOTION to Shorten Time to hear Motion re 75 MOTION for Preliminary Injunction Andrew B. Sprenger appearing for Plaintiff Richard Kapela Davis (Attachments: # 1 Declaration of Andrew B. Sprenger, # 2 Exhibit 1, # 3 Certificate of Service)(Sprenger, Andrew) (Entered: 05/10/2012) 1 Declaration of Andrew B. Sprenger View on PACER 2 Exhibit 1 View on PACER 3 Certificate of Service View on PACER	May 10, 2012	May 10, 2012 PACER
85	ORDER GRANTING IN PART PLAINTIFFS' 66 MOTION TO COMPEL CLASS CERTIFICATION DISCOVERY AND GRANTING IN PART DEFENDANTS' CROSS MOTION FOR A PROTECTIVE ORDER. related 80 Order. Follows oral order of 05/01/2012. Signed by Judge BARRY M. KURREN on May 10, 2012. (bbb, )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: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
86	MEMORANDUM in Opposition re 72 MOTION to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense filed by Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata. (Attachments: # 1 Table of Contents & Authorities, # 2 Memorandum, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Certificate of Service)(Luria, April) (Entered: 05/14/2012) 1 Table of Contents & Authorities View on PACER 2 Memorandum View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Certificate of Service View on PACER	May 14, 2012	May 14, 2012 PACER
87	EO: COURT ORDER DENYING PLAINTIFFS EX PARTE MOTION TO ADVANCE THE HEARING DATE FOR PRELIMINARY INJUNCTION-Before the Court is Plaintiffs Richard Kapela Davis and James Kane, IIIs (collectively Plaintiffs) Ex Parte Motion to Advance the Hearing Date for Preliminary Injunction (Ex Parte Motion), filed 5/10/2012. [Dkt. no. 84.] Plaintiffs Motion for Preliminary Injunction, filed 4/26/2012, [dkt. no. 75,] and Defendants Neil Abercrombie, Jodie Maesaka-Hirata, and Corrections Corporation of Americas (collectively Defendants) Motion for Rule 23(c)(1)(A) Class Determination and Motion for Interim Stay in Class Discovery (Class Motion), filed 4/30/2012, [dkt. no. 77,] are currently set for hearing on 8/27/2012. Plaintiffs seek to advance the hearing on their Motion for Preliminary Injunction. Defendants do not object to advancing the hearing on Plaintiffs Motion for Preliminary Injunction, assuming that the hearing on Defendants Class Motion is also advanced. [Ex Parte Motion, Decl. of Andrew B. Sprenger, Exh. 1.] After consultation with Defendants counsel, Plaintiffs propose the following dates for the hearing on the motions: July 9 or 10, 2012; or August 1, 2, 3, 6, 7 or 8, 2012. [Ex Parte Motion at 2.] In light of court congestion, however, this Court cannot accommodate the parties on those dates. Plaintiffs Ex Parte Motion is therefore DENIED. (JUDGE LESLIE E. KOBAYASHI)(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: 05/16/2012)	May 16, 2012	May 16, 2012 PACER
88	REPLY re 72 MOTION to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense Plaintiffs' Reply in Support filed by Richard Kapela Davis. (Attachments: # 1 Declaration Supplemental Declaration of Sharla Manley, # 2 Exhibit 17, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Certificate of Word Count, # 6 Certificate of Service)(Manley, Sharla) (Entered: 05/21/2012) 1 Declaration Supplemental Declaration of Sharla Manley View on PACER 2 Exhibit 17 View on PACER 3 Exhibit 18 View on PACER 4 Exhibit 19 View on PACER 5 Certificate of Word Count View on PACER 6 Certificate of Service View on PACER	May 21, 2012	May 21, 2012 PACER
89	MOTION for Reconsideration re 85 Order - Written Order Following Oral Order on Motion,, (re Defendants' Motion for Reconsideration of Order Granting in Part Plaintiffs' Motion to Compel Class Certification Discovery) April Luria appearing for Defendants Neil Abercrombie, Corrections Corporation of America, Jodie Maesaka-Hirata (Attachments: # 1 Certificate of Service)(Luria, April) (Entered: 05/25/2012) 1 Certificate of Service View on PACER	May 25, 2012	May 25, 2012 PACER
90	EO: COURT ORDER re 89 MOTION for Reconsideration re 85 Order - Written Order Following Oral Order on Motion, (re Defendants' Motion for Reconsideration of Order Granting in Part Plaintiffs' Motion to Compel Class Certification Discovery) (JUDGE LESLIE E. KOBAYASHI)(wnn, )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: 05/26/2012)	May 25, 2012	May 25, 2012 PACER
91	EO: Regarding the Courts 5/25/2012 Order re: Defendants MOTION for Reconsideration re 90 . Minute Order is Withdrawn, issued inadvertently. Motion is Referred to Magistrate Judge Barry M. Kurren. (JUDGE LESLIE E. KOBAYASHI)(wnn, )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: 05/29/2012)	May 29, 2012	May 29, 2012 PACER
92	EO: Defendant's 89 Motion for Reconsideration will be a non-hearing motion, and briefing will proceed according to the Local Rules. (Judge BARRY M. KURREN)(kur1)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: 05/29/2012)	May 29, 2012	May 29, 2012 PACER
93	EP: Hearing on 72 Plaintiffs' Motion to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense held. A Further Hearing on 72 Plaintiffs' Motion to Compel Defendant CCA to Produce Its Electronically-Stored Information At Its Own Expense is set for 6/21/2012 at 10:30 a.m. before Judge Barry M. Kurren. By 6/20/2012, counsel shall submit a status report regarding this Motion.(C7F 1:57-2:15pm.) (Judge BARRY M. KURREN)(kur2)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: 05/31/2012)	May 31, 2012	May 31, 2012 PACER
94	MEMORANDUM in Opposition re 89 MOTION for Reconsideration re 85 Order - Written Order Following Oral Order on Motion,, (re Defendants' Motion for Reconsideration of Order Granting in Part Plaintiffs' Motion to Compel Class Certification Discovery) MOTION for Reconsideration re 85 Order - Written Order Following Oral Order on Motion,, (re Defendants' Motion for Reconsideration of Order Granting in Part Plaintiffs' Motion to Compel Class Certification Discovery) filed by Richard Kapela Davis, Robert A. Holbron, Michael Hughes, Damien Kaahu, James Kane, III, Ellington Keawe. (Attachments: # 1 Certificate of Service)(Manley, Sharla) (Entered: 06/08/2012) 1 Certificate of Service View on PACER	June 8, 2012	June 8, 2012 PACER