Case: Griffin v. Hawaii

Stanford-MIT Healthy Elections Project

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against State of Hawaii - filed by Calvin Christopher Griffin (jo) (Entered: 07/06/2020)

Filing fee received: $400.00; Receipt number HI028936 re 1 Complaint (jo) (Entered: 07/06/2020)

Order Setting Rule 16 Scheduling Conference for 09:30 AM on 8/31/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/2/2020. (Attachments: # 1 Memo From the Clerk Re: Corporate Disclosure Statements) (jo) (Entered: 07/06/2020)

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of Summons, # 2 Waiver of the Service of Summons) (jo) (Entered: 07/06/2020)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form, found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) (Entered: 07/06/2020)

MOTION For Emergency Injunction - filed by Plaintiff Calvin Christopher Griffin (jo) (Entered: 07/28/2020)

EO: The Clerk's Office is directed to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/28/2020)

NOTICE of Case Reassignment: Please reflect Civil case number CV 20-00298 DKW-KJM on all further pleadings. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/29/2020)

EO: On July 2, 2020, Plaintiff Calvin Griffin filed a Complaint against the State of Hawaii. Dkt. No. 1. The docket reflects, however, that the Complaint has not been served on Defendant nor has Defendant accepted waiver of service. Nonetheless, on July 28, 2020, Plaintiff filed a motion for emergency injunction. Dkt. No. 6. Before the Court will consider the motion for emergency injunction, Plaintiff is ORDERED to serve the complaint and the motion for emergency injunction on Defendant and file proof of doing so with the Court. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/30/2020)

COURT'S CERTIFICATE of Service - a copy of Docket No. 9 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on July 30, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

Summons Issued as to State of Hawaii. (emt, ) (Entered: 08/06/2020)

SUMMONS Returned Executed by Calvin Christopher Griffin. State of Hawaii served on 8/5/2020. (emt, ) (Entered: 08/06/2020)

MOTION to Dismiss Skyler G. Cruz appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Cruz, Skyler) (Entered: 08/20/2020)

EO: As to Rule 16 Scheduling Conference set for 8/31/2020 Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/26/2020)

NOTICE of Hearing on 12 Defendant State of Hawaii's Motion To Dismiss is set for 9/24/2020 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2 (tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/26/2020)

EXHIBIT A (HB. NO.1248HD1SD2CD1, ACT 136 State of Hawaii "mail-in-ballot" mandate) - filed by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

EXHIBIT B (TITLE 2 ELECTIONS CHAPTERS 11-19) - filed by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

COURT'S CERTIFICATE of Service - a copy of 14 Notice of Hearing on Motion has been served by First Class Mail to Calvin Christopher Griffin at the address of record on August 26, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

EO: In light of 12 Defendant State of Hawaii's Motion To Dismiss, the Rule 16 Scheduling Conference previously set for 8/31/2020 is CONTINUED to 10/28/2020 at 09:00AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 10/21/2020.Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(rls, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/27/2020)

SUPPLEMENTAL CITATIONS re 12, 16, 17 - by Calvin Christopher Griffin. (emt, ) (Entered: 08/28/2020)

REPLY re 12 MOTION to Dismiss Defendant State of Hawaii's Reply in support of its Motion to Dismiss filed by State of Hawaii. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 09/10/2020)

EO: Having reviewed Defendant's motion to dismiss, Dkt. No. 12, and Plaintiff's Motion for an Emergency Injunction, Dkt. No. 6, the Court elects to decide the same without a hearing pursuant to Local Rule 7.1(c). Therefore, the hearing on September 24, 2020 (Dkt. No. 14) is VACATED and the above-mentioned motions are taken under advisement. IT IS SO ORDERED (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 09/16/2020)

COURT'S CERTIFICATE of Service - a copy of Docket No. 20 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on September 16, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

SUPPLIMENTAL [sic] CITATIONS - filed by Calvin Christopher Griffin. (Attachments: # 1 Exhibit C (Thumb Drive)) Exhibit C (Thumb Drive) is retained by the Clerk's Office. (emt, ) (Entered: 09/25/2020)

ORDER (1) GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND, AND (2) DENYING MOTION FOR AN EMERGENCY INJUNCTION re 6, 12 - Signed by JUDGE DERRICK K. WATSON on 9/28/2020. For the reasons set forth herein, the motion to dismiss, Dkt. No. 12, is GRANTED with LEAVE TO AMEND. Plaintiff may have until October 13, 2020 to file an amended complaint, consistent with the terms of this Order, though the timing in which he elects to amend should be mindful of the fast-approaching general election date. The Court cautions Plaintiff that failure to file an amended complaint by October 13, 2020 may result in the dismissal of this case for the reasons set forth herein. Plaintiff's motion for an emergency injunction, Dkt. No. 6, is DENIED. The Clerk of Court is directed to mail Plaintiff a copy of form "Pro Se 1" "Complaint for a Civil Case." (emt, )COURT'S CERTIFICATE of Service - Calvin Christopher Griffin served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 28, 2020. A blank "Pro Se 1" " Complaint for a Civil Case" form shall be included in the mailing to Mr. Griffin. (Entered: 09/28/2020)

AMENDED COMPLAINT against State of Hawaii - filed by Calvin Christopher Griffin. (Response to: Document 22 Filed 09/28/20 Order (1) Granting Motion to Dismiss with Leave to Amend) Note: The document was submitted inside the envelope marked Exhibit D. (Attachments: # 1 Exhibit and Witness List, # 2 Envelope marked Exhibit D) (emt, ) (Entered: 10/14/2020)

1 Exhibit and Witness List

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2 Envelope marked Exhibit D

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Scheduling Conference Statement Defendant State of Hawaii's Rule 16 Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 10/21/2020)

1 Certificate of Service

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MOTION to Dismiss the Amended Complaint Skyler G. Cruz appearing for Defendant State of Hawaii (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Cruz, Skyler) Modified on 10/27/2020 (emt, ). (Entered: 10/27/2020)

EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE hearing not held.Discussion held.Rule 16 Scheduling Conference is set for December 15, 2020 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield via telephone. Scheduling conference statements are due by December 8, 2020.Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (AT&T Service / 8:56 - 9:05) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/29/2020)

EO: Pursuant to Local Rule 7.1(c), the Court will decide 25 Defendant State of Hawaii's Motion to Dismiss the Amended Complaint without a hearing. Briefing on the motion shall be in accordance with Local Rule 7.2. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/29/2020)

COURT'S CERTIFICATE of Service - a copy of Dkt. No. 26 has been served by First Class Mail to Calvin Christopher Griffin at the address of record on October 29, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS re 25 - Signed by JUDGE DERRICK K. WATSON on 12/8/2020. The State's motion to dismiss, Dkt. No. 25, is GRANTED. Accordingly, all claims in Plaintiff's FAC, Dkt. No. 23, are DISMISSED. Because the Court finds amendment would be futile, see Leadsinger, Inc., 512 F.3d at 532, dismissal is WITH PREJUDICE. (emt, )COURT'S CERTIFICATE of Service - Calvin Christopher Griffin shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 9, 2020. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).