Case: R.P.-K. v. Hawaii Department of Education

1:10-cv-00436 | U.S. District Court for the District of Hawaii

Filed Date: July 27, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 27, 2010, four students with disabilities and the Hawaii Disability Rights Center filed this class action against the Hawaii Department of Education seeking declaratory and injunctive relief. The plaintiffs, represented by Hawaii Disability Rights Center, contended that the Department was failing to comply with its obligations to provide a Free Accessible Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and their right to a discrimination-free educati…

On July 27, 2010, four students with disabilities and the Hawaii Disability Rights Center filed this class action against the Hawaii Department of Education seeking declaratory and injunctive relief. The plaintiffs, represented by Hawaii Disability Rights Center, contended that the Department was failing to comply with its obligations to provide a Free Accessible Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and their right to a discrimination-free education under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The case was assigned to District Judge Susan Oki Mollway.

At the time the complaint was filed, the disabled individuals who brought the suit were over twenty but under twenty-two years old and had previously received a FAPE under the IDEA. However, following the establishment of a new Hawaii Law, Act 163, these individuals were denied a FAPE because they were over twenty years of age.

The plaintiffs moved for class certification and a preliminary injunction. District Judge David Alan Ezra signed an order granting in part and denying in part the motion for class certification on March 15, 2011. 272 F.R.D. 541. The judge also issued an order denying plaintiffs' motion for a preliminary injunction. 2011 WL 2746800. Defendants then moved for a motion to dismiss or in the alternative, for summary judgment, and the plaintiffs renewed their motion for a preliminary injunction and moved for summary judgment. Judge Ezra then issued an order denying plaintiff's motion for summary judgment, granting in part and denying in part the defendant's motion to dismiss, and denying plaintiff's renewed motion for preliminary relief. 817 F.Supp.2d 1182.

In 2012, the case went to a bench trial. Judge Alan Ezra held that the plaintiffs failed to prove the Hawaii Department of Education violated the IDEA, ACA, and Rehabilitation Act and entered judgment for the defendants. 2012 WL 1082250. The case was then appealed to the Ninth Circuit. On August 28, 2013, the Ninth Circuit announced its conclusion, affirming in part and reversing in part. 728 F.3d 982. The court found that the State of Hawaii offered public education to nondisabled students between the ages of 20 and 22 through its Community Schools for Adults. The court held that so long as the State continued to provide such an education to nondisabled students under 22, it was required under IDEA to provide a FAPE to disabled students in the same age bracket. The court reversed and remanded the case on the IDEA count. The court affirmed the district court's finding that the plaintiffs failed to prove that the Department was required to make such changes as a "reasonable accommodation." Accordingly, the court affirmed the lower court's judgement in favor of the Department on the ACA and Rehabilitation Act claims. The court also awarded costs on appeal to the Plaintiffs.

After being remanded to district court, and after the case was reassigned to Judge Susan Oki Mollway, the class was recertified. Subsequently, the parties began settlement conferences. On December 8, 2017, Judge Oki Mollway issued an order approving settlement for class members. As part of the settlement, the Department of Education agreed to fund the requisite services and pay $8.2 million dollars to class members, $1.5 million for attorneys' fees, and up to $250,000 to class counsel for future services rendered in relation to the administration of the settlement.

The administration of the settlement continues. The case remains open.

Summary Authors

Gabrielle Simeck (2/8/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4867568/parties/p-k-v-department-of-education-state-of-hawaii/


Judge(s)

Ezra, David Alan (Hawaii)

Farris, Joseph Jerome (Washington)

Mollway, Susan Oki (Hawaii)

Nelson, Dorothy Wright (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Trader, Rom A (Hawaii)

Attorneys(s) for Plaintiff

Ahu, Janna W (Hawaii)

Alston, Paul (Hawaii)

Amatore, Erika L. T. (Hawaii)

Bassett, Matthew C. (Hawaii)

Judge(s)

Ezra, David Alan (Hawaii)

Farris, Joseph Jerome (Washington)

Mollway, Susan Oki (Hawaii)

Nelson, Dorothy Wright (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Trader, Rom A (Hawaii)

Attorneys(s) for Plaintiff

Ahu, Janna W (Hawaii)

Alston, Paul (Hawaii)

Amatore, Erika L. T. (Hawaii)

Bassett, Matthew C. (Hawaii)

Black, Claire Wong (Hawaii)

Comeau, Michelle N (Hawaii)

Cookson, Patricia L (Hawaii)

Dellera, John P (Hawaii)

Diionno, Zachary M (Hawaii)

Eads, Chrystn K.A. (Hawaii)

Erteschik, Louis (Hawaii)

Holland, Kristin L (Hawaii)

Kim, Jason H (California)

Miller, Meredith G (Hawaii)

Paek, Kyu Y (Hawaii)

Patricio, Jennifer Visitacion (Hawaii)

Attorneys(s) for Defendant

Henderson, Harvey E. Jr. (Hawaii)

Kuwabe, Kunio (Hawaii)

Miyasaka, Steve K (Hawaii)

Mow, Paul R (Hawaii)

Richardson, Kevin M. (Hawaii)

Roylo, Ryan W (Hawaii)

Shikada, Holly T. (Hawaii)

Siu, Carter K (Hawaii)

Snow, Adam Townsend (Hawaii)

Suganuma, Gary S (Hawaii)

Yeh, Joanna B.K.F. (Hawaii)

Other Attorney(s)

Park, Candace J (Hawaii)

Documents in the Clearinghouse

Document

1:10-cv-00436

0:12-16063

Docket [PACER]

P.-K. v. Department of Education, State of Hawai'i

Oct. 22, 2020

Oct. 22, 2020

Docket
1

1:10-cv-00436

Class Action Complaint for Declaratory and Injunctive Relief; Summons

R.P-K v. Hawaii Department of Education

July 27, 2010

July 27, 2010

Complaint
31

1:10-cv-00436

Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification

R.P.-K v. Hawaii Department of Education

272 F.R.D. 541

March 15, 2011

March 15, 2011

Order/Opinion
123

1:10-cv-00436

Finds of Fact, Conclusions of Law, and Decision

R.P.-K. v. Department of Education, State of Hawaii

2021 WL 184359

March 30, 2012

March 30, 2012

Order/Opinion
33

1:10-cv-00436

0:12-16063

Opinion

E.R.K v. State of Hawaii Department of Education

U. S. Court of Appeals for the Ninth Circuit

728 F.3d 982

Aug. 28, 2013

Aug. 28, 2013

Order/Opinion
482

1:10-cv-00436

Order Approving Settlement for Class Members

E.R.K. v. Department of Education, State of Hawai'i

Dec. 8, 2017

Dec. 8, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4867568/p-k-v-department-of-education-state-of-hawaii/

Last updated July 23, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Department of Education, State of Hawai'i, filed by C. K., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), N. B., C. B., R. D., M. D., Hawaii Disability Rights Center, B. P., R. P.-K., M. P.. (Attachments: # 1 Summons issued, # 2 Civil Cover Sheet)(ecs, ) (Entered: 07/28/2010)

1 Summons issued

View on PACER

2 Civil Cover Sheet

View on PACER

July 27, 2010

July 27, 2010

RECAP
2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/25/2010 before JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 7/27/2010. (ecs, )No COS issued for this docket entry (Entered: 07/28/2010)

July 27, 2010

July 27, 2010

PACER
3

Filing fee: $ 350.00, receipt number 252302 (ecs, ) (Entered: 07/28/2010)

July 27, 2010

July 27, 2010

PACER
4

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: # 1 Consent Form: Election Form to Consent)(ecs, ) (Entered: 07/28/2010)

July 27, 2010

July 27, 2010

PACER
5

SUMMONS Returned Executed by C. K., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), N. B., C. B., R. D., M. D., Hawaii Disability Rights Center, B. P., R. P.-K., M. P.. Department of Education, State of Hawai'i served on 7/28/2010, answer due 8/18/2010. (Kim, Jason) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

PACER
6

MOTION for Temporary Restraining Order and Preliminary Injunction Jason H. Kim appearing for Plaintiffs R. T. D., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Word Count, # 3 Declaration of John P. Dellera, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Declaration of C.K., # 15 Exhibit 1, # 16 Exhibit 2, # 17 Exhibit 3, # 18 Exhibit 4, # 19 Declaration of R.D., # 20 Exhibit 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Exhibit 4, # 24 Exhibit 5, # 25 Certificate of Service)(Kim, Jason) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
7

EO: Status Conference set for 7/30/2010 04:30 PM before JUDGE KEVIN S.C. CHANG. J (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
8

EP: Status Conference held on 7/30/2010. Court informed counsel that this case has been reassigned to Judge Ezra and Judge Ezra's staff will be in contact with counsel regarding the TRO. (C5 - no record, 4:40-4:45pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
9

NOTICE of Hearing on Motion 6 MOTION for Temporary Restraining Order and Preliminary Injunction :. Motion Hearing set for 8/2/2010 02:15 PM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
10

NOTICE by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. P.-K. re 6 MOTION for Temporary Restraining Order and Preliminary Injunction - Withdrawal of Motion R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. P.-K.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kim, Jason) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
12

NOTICE of Appearance by Steve K. Miyasaka on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Miyasaka, Steve) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
13

STIPULATION to Proceed without Disclosing Plaintiffs' Full Names and ORDER. Signed by JUDGE DAVID ALAN EZRA on 8/11/2010. (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). (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

PACER
14

DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAII'S ANSWER to 1 Complaint, CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i.(Miyasaka, Steve) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
15

MOTION to Certify Class Jason H. Kim appearing for Plaintiffs N. B., C. B., M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. (Attachments: # 1 Memorandum in Suppot, # 2 Certificate of Word Count, # 3 Declaration of Paul Alston, # 4 Declaration of John Dellera, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Declaration of C.K., # 16 Exhibit 1, # 17 Exhibit 2, # 18 Exhibit 3, # 19 Exhibit 4, # 20 Declaration of R.D., # 21 Exhibit 1, # 22 Exhibit 2, # 23 Exhibit 3, # 24 Exhibit 4, # 25 Exhibit 5, # 26 Declaration of M.P., # 27 Declaration of N.B., # 28 Exhibit 1, # 29 Exhibit 2, # 30 Exhibit 3, # 31 Exhibit 4, # 32 Certificate of Service)(Kim, Jason) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
16

NOTICE of Hearing on Motion 15 MOTION to Certify Class :. Motion Hearing set for 1/31/2011 09:45 AM before JUDGE DAVID ALAN EZRA. Opposition due 12/13/2010. Reply due 12/20/2010.(tl, )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: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

PACER
17

Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
18

Scheduling Conference Statement. (Yeh, Joanna) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
19

REPORT of Planning Meeting. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER
20

EP: Rule 16 Scheduling Conference held on 10/25/2010. Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 10/25/2011 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 9/13/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 6/29/2011 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 5/25/2011. Discovery due by 8/26/2011. (C5 - no record, 9:00-9:02am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
21

RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 10/25/2010. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
22

CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. re Plaintiffs' Initial Disclosures (Kim, Jason) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
23

INITIAL DISCLOSURE by Department of Education, State of Hawai'i. (Miyasaka, Steve) (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER
24

MEMORANDUM in Opposition re 15 MOTION to Certify Class Action; Certificate of Word Count; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Steve K. Miyasaka, # 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 Exhibit 9)(Miyasaka, Steve) Modified on 12/14/2010: Viewing of Exhibits 1, 3, 5 and 7 is restricted. REDACTED Exhibits 1, 3, 5 and 7 submitted as doc no. 25 . (afc) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
25

Errata re 24 Memorandum in Opposition to Motion, to Certify Class Action Filed December 13, 2010 Regarding Exhibits "1", "3", "5", and "7"; Redacted Exhibits "1"; "3", "5", and "7"; Certificate of Service. (Attachments: # 1 Errata Exhibit "1", # 2 Errata Exhibit "3", # 3 Errata Exhibit "5", # 4 Errata Exhibit "7")(Miyasaka, Steve) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
26

REPLY to Response to Motion re 15 MOTION to Certify Class filed by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
28

EO: 15 MOTION to Certify Class. Motion Hearing date has been continued from 1/31/2011 to 2/4/2011 09:45 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )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: 01/24/2011)

Jan. 24, 2011

Jan. 24, 2011

PACER
29

EO: 15 MOTION to Certify Class. Motion Hearing date has been continued from 2/4/2011 to 3/14/2011 09:00 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )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: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
30

EP: granting 15 Motion to Certify Class; Motion Hearing held on 3/14/2011 re 15 MOTION to Certify Class filed by C. K., B. P., R. T. D., M. P., Hawaii Disability Rights Center, C. B., R. P.-K., M. D., N. B., R. D. Oral arguments heard.B.P. and C.B. are voluntarily dismissed. 15 MOTION to Certify Class-GRANTED.Court to issue order. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
31

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 15 . ~ The class is certified with R.P.-K, R.T.D., and the Hawaii Disability Rights Center as the class representatives. C.B. and B.P. are ineligible to be class members or representatives and are DISMISSED from the action. ~ Signed by JUDGE DAVID ALAN EZRA on 3/15/2011. [Order follows hearing held 3/14/2011 on Motion to Certify Class 15 . Minutes: docket entry no. 30 ] (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: 03/15/2011)

March 15, 2011

March 15, 2011

RECAP
32

MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Certificate of Service)(Dellera, John) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
33

Errata re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders. (Attachments: # 1 Replacement Pages, # 2 Certificate of Service)(Dellera, John) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
34

NOTICE of Hearing on Motion 32 Plaintiffs' Motion (1) to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders [ CV10-641LEK-RLP, CV10-644SOM-KSC ] set for 5/9/2011 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
35

MEMORANDUM in Support re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders Defendant's Memorandum in Opposition to Plaintiffs' Motion (1) To Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders; Certificate of Service filed by Department of Education, State of Hawai'i. (Miyasaka, Steve) Modified on 4/19/2011: Document caption is styled as "DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION (1) TO TRANSFER AND CONSOLIDATE CASES AND (2) TO MODIFY RULE 16 SCHEDULING ORDERS; CERTIFICATE OF SERVICE." Memorandum states in part: "Defendant does not object to transferring C.V. NO. 10-00641 LEK-RLP and C.V. NO. 10-00644 LEK-KSC...." "Defendant opposes the consolidation of the three cases...." "...Defendant objects to any changes to the briefing schedule established in C.V. NO. 10-00644 LEK-KSC and asks that a briefing schedule be set in C.V. NO. 10-00641 LEK-RLP." (afc) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

PACER
36

REPLY re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders, 34 Notice of Hearing on Motion,, Certificate of Service filed by R. P.-K.. (Dellera, John) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
37

EO: Settlement Conference set 6/29/11 shall be continued to 7/28/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference statements due: 7/21/11. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
38

CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. re Plaintiffs' First Request for Production of Documents and Things to Defendant Department of Education, State of Hawai`i (Kim, Jason) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
39

EP: taking under advisement 32 Plaintiffs' Motion (1) to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders held on 5/9/2011. Motion taken under advisement 32 . Court to issue Order. (FTR C5 - 9:34-9:51am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
40

ORDER Granting in part and Denying in part Plaintiff's 32 Motion to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders. Signed by JUDGE KEVIN S.C. CHANG on 5/9/2011. Dispositive Motions deadline continued to 7/8/2011, balance of the motion is denied.(gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

RECAP
41

NOTICE of Appearance by Gary S. Suganuma on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Suganuma, Gary) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
42

CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i Certificate of Service of Discovery [Re: Defendant Department of Education, State of Hawaii's Response to Plaintiffs' First Request for Production of Documents and Things to Defendant Department of Education, State of Hawaii (Miyasaka, Steve) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
43

NOTICE of Change of Address by John P. Dellera on behalf of R. P.-K.. (Dellera, John) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
44

MOTION for Preliminary Injunction John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Appendix 1, # 3 Appendix 2, # 4 Declaration of John P. Dellera, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Declaration of J.K., # 14 Exhibit I, # 15 Exhibit J, # 16 Declaration of N.W., # 17 Exhibit K, # 18 Exhibit L, # 19 Declaration of A.K., # 20 Exhibit M, # 21 Exhibit N, # 22 Declaration of B.C., # 23 Exhibit O, # 24 Exhibit P, # 25 Declaration of S.T., # 26 Exhibit Q, # 27 Exhibit R, # 28 Declaration of L.D., # 29 Exhibit S, # 30 Exhibit T, # 31 Declaration of Roy M. Benavidez, # 32 Exhibit U, # 33 Certificate of Service)(Dellera, John) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
45

MOTION to Shorten Time to hear Motion re 44 MOTION for Preliminary Injunction John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Declaration of John P. Dellera, # 2 Certificate of Service)(Dellera, John) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
46

ORDER GRANTING EX PARTE MOTION FOR AN ORDER SHORTENING TIME FOR HEARING OFPLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 45 . ~ Plaintiff's Motion for a Preliminary Injunction (doc no. 44 ): (Motion Hearing set for 7/11/2011 09:00 AM before JUDGE DAVID ALAN EZRA.) Defendant's opposition due on July 1, 2011; any reply by Plaintiffs is due by July 5, 2011. ~ Signed by JUDGE DAVID ALAN EZRA on 6/24/2011. (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
47

CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [Re: Plaintiffs Notice of Taking Deposition upon Oral Examination Pursuant to Rule 30(b)(6) - Department of Education, State of Hawaii, dated 6/24/11] (Kim, Jason) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
48

MEMORANDUM in Opposition re 44 MOTION for Preliminary Injunction Defendant Department of Education's Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction; Declaration of Carter K. Siu; Exhibits "A" - "C"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Main Document Certificate of Service)(Siu, Carter) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
49

REPLY re 44 MOTION for Preliminary Injunction and Certificate of Service filed by R. P.-K.. (Dellera, John) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
50

STIPULATION AND ORDER To Further Modify Rule 16 Scheduling, (Dispositive Motions due by 8/1/2011.). Signed by JUDGE KEVIN S.C. CHANG. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

PACER
51

CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i Certificate of Service [Re: (1) Defendant Department of Education's First Request for Production of Documents and Things to Plaintiff; and (2) Defendant Department of Education's First Request for Answers to Interrogatories] (Siu, Carter) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
52

EP: 44 MOTION for Preliminary Injunction.Oral arguments heard. 44 MOTION for Preliminary Injunction-DENIED without prejudice.Court to issue order. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
53

ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 44 . Signed by JUDGE DAVID ALAN EZRA on 7/12/2011. [Order follows hearing held 7/11/2011 on M/PI. Minutes of hearing: docket entry no. 52 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

RECAP
54

CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [re PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSTION UPON ORAL EXAMINATION PURSUANT TO RULE 30(b)(6); EXHIBIT A, dated 7/13/11 of Department of Education, State of Hawai`i] (Kim, Jason) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

PACER
55

TRANSCRIPT of Proceedings ( 44 M/PREL. INJUNC.) held on 7/11/11 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/8/2011. Redacted Transcript Deadline set for 8/17/2011. Release of Transcript Restriction set for 10/17/2011. (36 pp.) (cf@hid.uscourts.gov) (Entered: 07/20/2011)

July 20, 2011

July 20, 2011

PACER
56

EP: Settlement Conference held on 7/28/2011. Parties to file cross-motions before Judge Ezra and await for ruling on said motions.(In Chambers - no record, 8:55-9:00am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
57

MOTION for Summary Judgment Jason H. Kim appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
58

CONCISE STATEMENT in Support re 57 MOTION for Summary Judgment filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., R. P.-K.. (Attachments: # 1 Declaration of Jason H. Kim, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
59

MOTION for Preliminary Injunction - Renewed Jason H. Kim appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., R. P.-K. (Attachments: # 1 Memorandum, # 2 Declaration of Jason H. Kim, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Declaration of J.K., # 10 Exhibit I, # 11 Exhibit J, # 12 Declaration of N.W., # 13 Exhibit K, # 14 Exhibit L, # 15 Declaration of A.K., # 16 Exhibit M, # 17 Exhibit N, # 18 Declaration of B.C., # 19 Exhibit O, # 20 Exhibit P, # 21 Declaration of S.T., # 22 Exhibit Q, # 23 Exhibit R, # 24 Declaration of L.D., # 25 Exhibit S, # 26 Exhibit T, # 27 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
60

Defendant's MOTION to Dismiss, or in the Alternative for Summary Judgment - Gary S. Suganuma, Holly T. Shikada, Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Table to Contents, # 2 Table to Authorities, # 3 Memorandum in Support, # 4 Certificate of Word Count, # 5 Certificate of Service)(ecs, ) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
61

CONCISE STATEMENT of Facts in Support of Defendant's 60 MOTION to Dismiss, or in the Alternative, For Summary Judgment filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Carter K. Siu, # 3 Declaration of Bruce Naguwa, # 4 Declaration of Debra Farmer, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Certificate of Service)(gab, ) (Entered: 08/02/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
62

NOTICE of Hearing on Motion 57 MOTION for Summary Judgment, 60 MOTION to Dismiss, 59 MOTION for Preliminary Injunction - Renewed. Motion Hearing set for 9/12/2011 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
63

MEMORANDUM in Opposition re 60 MOTION to Dismiss filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
64

Concise Statement in Opposition re 61 Concise Statement in Support of Motion,, 60 MOTION to Dismiss filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Declaration of Jason H. Kim, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Certificate of Service)(Kim, Jason) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
65

MEMORANDUM in Opposition re: 57 Defendant's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment; Certificate of Service filed by Department of Education, State of Hawai'i. (Siu, Carter) Modified on 8/25/2011: Docket text modified to add document number link to correlate filing to the underlying M/SJ (doc 57). (afc) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
66

CONCISE STATEMENT in Opposition re: 57 to Plaintiffs' Motion for Summary Judgment; Certificate of Word Count; Declaration of Carter K. Siu; Exhibits "12" to "13"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 12, # 3 Exhibit 13)(Siu, Carter) Modified on 8/25/2011: Docket text modified to add document number link to correlate filing to the underlying M/SJ (doc 57). (afc) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
67

MEMORANDUM in Opposition re: 59 Defendant Department of Education's Memorandum in Opposition to Plaintiffs' Renewed Motion for a Preliminary Injunction; Declaration of Carter K. Siu; Exhibits "1" - "4"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Siu, Carter) Modified on 8/25/2011: Docket text modified to add document number link to correlate filing to the underlying Renewed M/PI (doc 59). (afc) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
68

CERTIFICATE OF SERVICE by C. K. re 51 Certificate of Service, (1) Plaintiffs' Answers to Defendant's First Request for Interrogatories, and (2) Plaintiffs' Responses to Defendant's First Request for Production of Documents and Things (Bassett, Matthew) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
69

REPLY re: 60 Defendant's Reply Memorandum in Support of its Motion to Dismiss, or in the Alternative, for Summary Judgment; Certificate of Service filed by Department of Education, State of Hawai'i. (Siu, Carter) Docket text modified on 8/30/2011 to add document number link to correlate to the underlying M/Dismiss (doc 60). (afc) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
70

Concise Statement in Support of Facts in Support of Defendant's Reply Memorandum in Support of its Motion to Dismiss, or in the Alternative, for Summary Judgment; Declaration of Carter K. Siu; Exhibit "14"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 14 ~ Viewing of Exhibit 14 (Transcript of Proceedings of hearing held 7/11/2011 on M/PI) is restricted. Transcript may be viewed at the court public terminal or ordered through Court Reporter Cynthia Fazio, Telephone number 808-533-0102. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). ~ (Siu, Carter) Modified on 8/30/2011 re: viewing of transcript and to add a document number link to correlate to the underlying M/Dismiss (doc 60). (afc) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
71

REPLY to Response to Motion re 57 MOTION for Summary Judgment, 59 MOTION for Preliminary Injunction - Renewed filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Supplemental Declaration of Jason H. Kim, # 2 Exhibit H, # 3 Exhibit I, # 4 Certificate of Service)(Kim, Jason) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
72

Errata re 61 Concise Statement in Support of Motion,, Defendant's Concise Statement Of Facts In Support Of Defendant's Motion To Dismiss, Or In The Alternative, For Summary Judgment. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Certificate of Service)(Siu, Carter) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
73

Pretrial Conference Statement by Department of Education, State of Hawai'i Defendant's Final Pretrial Statement. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Siu, Carter) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
74

Pretrial Conference Statement by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
75

EO: The time for the Final Pretrial Conference set for 9:00am on 9/13/2011 shall be moved to 10:45 AM on 9/13/2011 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
76

EP: Motion Hearing held on 9/12/2011 re 57 MOTION for Summary Judgment filed by Hawaii Disability Rights Center, C. K., R. P.-K., M. D., R. D., R. T. D., 60 MOTION to Dismiss, or in the Alternative, for Summary Judgment filed by Department of Education, State of Hawai'i, 59 MOTION for Preliminary Injunction - Renewed filed by Hawaii Disability Rights Center, C. K., R. P.-K., M. D., R. D., R. T. D. Oral arguments heard. 57 MOTION for Summary Judgment- TAKEN UNDER ADVISEMENT. 60 MOTION to Dismiss- TAKEN UNDER ADVISEMENT. 59 MOTION for Preliminary Injunction - Renewed- TAKEN UNDER ADVISEMENT.Court to issue order. (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
77

EP: Final Pretrial Conference held on 9/13/2011. Discussion held. New trial date given. First Amended Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 2/28/2012 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 1/17/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 10/28/2011 10:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 12/30/2011. Motions deadline: CLOSED. ( C5 - no record, 10:40-10:50am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
78

AMENDED RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 9/14/2011. (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: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
79

ORDER: (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE 57 ; (2) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 60 ; AND (3) DENYING PLAINTIFFS' RENEWED MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 59 . Signed by JUDGE DAVID ALAN EZRA on 9/19/2011. [Order follows hearing on motions held 9/12/2011. Minutes of hearing: 76 ]. (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: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

RECAP
80

EO: Status Conference Re: Trial Date and Other Deadlines set for 10/11/2011 10:45 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
81

EO: Status Conference Re: Trial Date and Other Deadlines set 10/11/11 before Judge Chang is hereby vacated. New dates/deadlines issued on 9/13/11 (document no. 77). (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
82

NOTICE by R. P.-K. of Withdrawal of Plaintiffs' Co-Counsel; Certificate of Service R. P.-K.. (Erteschik, Louis) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
83

EP: Settlement Conference held on 10/28/2011. Both counsel stated that this case is highly unlikely to settle. Counsel will cooperate with each other in completing discovery and expect a short Non Jury Trial before Judge Ezra. (In Chambers - no record, 10:00-10:30am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
84

EO: The time for the Final Pretrial Conference set for 9:00am on 1/17/2012 shall be moved to 1:45 PM on 1/17/2012 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
85

CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant Department of Education's Second Request for Answers to Interrogatories to Plaintiffs] (Siu, Carter) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
86

CERTIFICATE OF SERVICE by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K. re 1) Plaintiffs' First Request for Answers to Interrogatories to Defendant Department of Education, State of Hawai`i; and 2) Plaintiffs' Second Request for Production of Documents and Things to Defendant Department of Education, State of Hawai`i (Kim, Jason) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
87

CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [re PLAINTIFFS RESPONSE TO DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAI`IS SECOND REQUEST FOR ANSWERS TO INTERROGATORIES DATED DECEMBER 2, 2011] (Kim, Jason) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
88

CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant's Answers to Plaintiffs' First Request for Answers to Interrogatories to Defendant Department of Education, State of Hawaii] (Siu, Carter) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
89

CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant's Response to Plaintiffs' Second Request for Production of Documents and Things to Defendant Department of Education, State of Hawaii] (Siu, Carter) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
90

Pretrial Conference Statement by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K. - AMENDED. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
91

Pretrial Conference Statement by Department of Education, State of Hawai'i Defendant's First Amended Final Pretrial Statement. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Siu, Carter) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
92

EP: Final Pretrial Conference held on 1/17/2012. Length of trial: Plaintiff: less than 1 day (4 hours of testimony); Defendant: 2-3 hours. Lay/Expert witnesses: as noted in the Final Pretrial Statements. Mr. Kim advised the Court that a deputy superintendent will most likely testify on behalf of Superintendent Kathryn Matayoshi. ( C5 - no record, 1:45-1:50pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
93

Witness List. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
94

Designation of Transcripts Defendent Department of Education's Designation of the Deposition of Bruce Isamu Naguwa, Dated July 27, 2011. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
95

First MOTION in Limine Defendent's Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Exhibit A, # 3 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
96

Second MOTION in Limine Defendent's Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
97

Third MOTION in Limine Defendent's Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
98

Fourth MOTION in Limine Defendent's Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
99

Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
100

Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163 Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Exhibit A, # 3 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
101

Witness List. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
102

Designation of Transcripts of Debbie Farmer. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kim, Jason) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 27, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All IDEA eligible persons who turned age 20 after 7/1/10 and were made ineligible by Act 163 and all IDEA eligible persons who were over age 20, but under age 22, on 7/1/10 and made ineligible by Act 163.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Hawaii, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 10,250,000

Order Duration: 2017 - 2020

Content of Injunction:

Preliminary relief denied

Reasonable Accommodation

Issues

General:

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment