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Case: Chatman v. Otani

1:21-cv-00268 | U.S. District Court for the District of Hawaii

Filed Date: June 9, 2021

Closed Date: Sept. 10, 2021

Clearinghouse coding complete

Case Summary

This class action lawsuit, brought in 2021 by persons incarcerated or detained in Hawai'i correctional facilities, alleged that the conditions in the state's jails and prisons during the COVID-19 pandemic had contributed to multiple COVID-19 outbreaks and sought implementation of health and safety protocols. On June 8, 2021, this case was removed from Hawaii’s First Circuit Court to the U.S. District Court for the District of Hawaii. On June 9, plaintiffs filed their first amended class action …

This class action lawsuit, brought in 2021 by persons incarcerated or detained in Hawai'i correctional facilities, alleged that the conditions in the state's jails and prisons during the COVID-19 pandemic had contributed to multiple COVID-19 outbreaks and sought implementation of health and safety protocols.

On June 8, 2021, this case was removed from Hawaii’s First Circuit Court to the U.S. District Court for the District of Hawaii. On June 9, plaintiffs filed their first amended class action complaint asking for injunctive relief, temporary restraining order, and declaratory judgment and on June 22, they filed a motion for class certification. 

A hearing was held on these motions on July 8, 2021, in front of Judge Jill A. Otake, and on July 13, 2021, the court issued an order granting plaintiffs' motion for provisional class certification and granting in part and denying in part the preliminary injunction and temporary restraining order. The court refused to appoint a special master at the preliminary phase, but required defendants to adhere to the Hawai'i Department of Public Safety Pandemic Response Plan COVID-19.

Throughout August, Defendants attempted to amend the order, and the court received several letters and status reports on the COVID-19 outbreak within the prison system. On August 12, 2021, the court issued an order denying the defendant’s motion to modify the court order, and on August 16 defendants appealed (USCA Nos. 21-16324 and  21-16364) and filed a motion to stay the court’s injunction pending that appeal on August 17. That appeal was soon dismissed, however, as by the end of August the parties had negotiated a tentative settlement agreement. Defendants dismissed their appeals a month later on September 16 and the court terminated defendants' motion to stay the court's injunction pending appeal as moot on September 21. 

Beginning in August, the parties held ongoing settlement conferences, and on September 3, 2021, the parties filed a joint motion for preliminary approval of their settlement agreement, asking the court to schedule a fairness hearing, and filing a joint motion for an order approving notice and directing notice to the class. On September 9, the court issued an order granting these joint motions.

Settlement negotiations concerning attorney's fees remained ongoing into September, and on September 28, Judge Jill A. Otake issued a stipulation and order that Defendants comply with the terms of the settlement agreement until the court had made a final ruling on that agreement. On October 7, 2021, plaintiffs filed a motion for approval of attorneys’ fees and costs, and on October 8, the parties issued a joint motion for Settlement Approval. 

The settlement agreement provided for Defendants to implement the Pandemic Response Plan, implement an independent Agreement Monitoring Panel which would advise and provide oversight of Defendants' implementation of the Pandemic Response Plan. The agreement also required Defendants to implement quarantine and isolation procedures for individuals newly admitted to facilities, to require staff to be vaccinated and to provide vaccines to individuals who were detained or incarcerated, and to implement extra sanitation procedures. The settlement agreement was set to remain in place until January 31, 2022, with the possibility of extension until March 31, 2022. 

Throughout October, the court coordinated different requests from class members who wished to appear and in some cases speak at the final fairness hearing. That hearing was then held in front of Judge Jill A. Otake on November 8, 2021, during which the court conducted a final fairness hearing on the settlement agreement agreed to by both parties and heard arguments on the plaintiff's motion for approval of attorneys fees and costs. On November 10, the court issued an order granting the joint motion for final settlement approval and the plaintiff’s motion for approval of attorney’s frees and costs settlement agreement. 

Summary Authors

Tessa McEvoy (6/6/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59970453/parties/francisco-alvarado-v-state-of-hawaii-department-of-public-safety/


Judge(s)

Otake, Jill Aiko None (Hawaii)

Judge(s)

Otake, Jill Aiko None (Hawaii)

Documents in the Clearinghouse

Document
5

1:21-cv-00268

First Amended Class Action Complaint for Injunctive Relief and Declaratory Judgment

Nash v. State of Hawai'i

June 9, 2021

June 9, 2021

Complaint
18

1:21-cv-00268

Second Amended Class Action Complaint for Injunctive Relief and Declaratory Judgment

June 22, 2021

June 22, 2021

Complaint
37

1:21-cv-00268

Order (1) Granting Plaintiffs' Motion for Provisional Class Certification and (2) Granting in Part and Denying in Part Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order

July 13, 2021

July 13, 2021

Order/Opinion
42

1:21-cv-00268

Order #1 Regarding Oversight of the Preliminary Injunction

July 21, 2021

July 21, 2021

Order/Opinion
61

1:21-cv-00268

Order Denying Defendant's Motion to Clarify and/or Modify Preliminary Injunction

Aug. 12, 2021

Aug. 12, 2021

Order/Opinion
71

1:21-cv-00268

Order # 2 Regarding Oversight of the Preliminary Injunction

Aug. 16, 2021

Aug. 16, 2021

Order/Opinion
79

1:21-cv-00268

Order Denying Defendant's Second Motion to Modify Preliminary Injunction

Aug. 18, 2021

Aug. 18, 2021

Order/Opinion
93-3

1:21-cv-00268

"Exhibit A" Settlement Agreement and General Release

Sept. 3, 2021

Sept. 3, 2021

Settlement Agreement
97

1:21-cv-00268

Order Granting the Parties' (1) Joint Motion for Preliminary Approval of Settlement and for Order Setting Fairness Hearing and (2) Joint Motion for Order Approving Notice and Directing Giving Notice to the Class

Sept. 9, 2021

Sept. 9, 2021

Order/Opinion
109

1:21-cv-00268

Stipulation and Order

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59970453/francisco-alvarado-v-state-of-hawaii-department-of-public-safety/

Last updated Dec. 5, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by State of Hawaii, Department of Public Safety, Nolan Espinda, Max N. Otani, David Y. Ige, Josh Green from First Circuit Court, case number 1ccv-21-0000541. ( Filing fee $ 402 receipt number 0975-2536877), filed by State of Hawaii, Department of Public Safety, Nolan Espinda, Max N. Otani, David Y. Ige, Josh Green. (Attachments: # 1 Exhibit A - Class Action Complaint, 1CCV-21-0000541, # 2 Certificate of Service)(Cruz, Skyler) Modified on 6/14/2021 (emt, ). (Entered: 06/08/2021)

1 Exhibit A

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2 Certificate of Service

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June 8, 2021

June 8, 2021

PACER
2

NOTICE of Case Assignment: Please reflect Civil case number CV 21-00268 JAO-KJM on all further pleadings.(jni) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
3

Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 7/12/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/8/2021. (Attachments: # 1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
4

EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
5

First AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF and DECLARATORY JUDGMENT against All Defendants, filed by Brenon Nash, Wayne J. Ancheta, Francisco Alvarado, Chauncy Hata, Robert Walsh, Duane Bertlemann, Robert Gibson, Jonathan Carter, Garth Coleman,, Anthony Chatman, Dustin Snedeker-Abadilla, Kuuipo Kalani, Bella Carvalho, Tearon Pachecho-Fernandez, Juanita Grammer . (Attachments: # 1 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/10/2021 to add additional plaintiffs named in the FAC (emt, ). (Entered: 06/09/2021)

1 Certificate of Service

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June 9, 2021

June 9, 2021

Clearinghouse
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MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Wayne J. Ancheta, Duane Bertlemann, Brenon Nash, Robert Walsh (Attachments: # 1 Memorandum, # 2 Certificate of Compliance, # 3 Declaration of Gina Szeto-Wong, # 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 1, # 13 Exhibit 2, # 14 Exhibit 3, # 15 Exhibit 4, # 16 Certificate of Service)(Szeto-Wong, Gina) (Entered: 06/09/2021)

1 Memorandum

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2 Certificate of Compliance

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3 Declaration of Gina Szeto-Wong

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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12 Exhibit 1

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13 Exhibit 2

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14 Exhibit 3

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15 Exhibit 4

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16 Certificate of Service

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June 9, 2021

June 9, 2021

PACER
7

EO: A Status Conference is SET for 06/10/2021 at 2:00 PM before DISTRICT JUDGE JILL A. OTAKE. Pursuant to the March 15, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, the hearing will be conducted telephonically using AT&T Connect Audio Conference. Instructions for telephonic appearance are as follows: All participants must connect to the conference at least ten minutes before the scheduled start time for the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-636-3807.2. Enter your Access Code (1450662) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.Any parties or members of the public or media wishing to attend the hearing by telephone conference shall also follow the Participant Instructions. (JUDGE JILL A. OTAKE)(shm) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
8

TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV210000541. (emt, ) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
9

EP: Status Conference was conducted by telephone conference.Discussion held regarding Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order.Settlement conference is set for June 15, 2021 at 10:00 a.m. before Magistrate Judge Kenneth J. Mansfield. This hearing will be conducted by video teleconference ("VTC"). VTC connection information to be provided to the Parties.Parties to submit a confidential settlement letter (no more than 5 pages) to the mansfield_orders@hid.uscourts.gov no later than 12:00 p.m. on June 14, 2021.A Telephonic Status Conference is set for June 16, 2021 at 3:00 p.m. before the Honorable Jill A. Otake.Parties are to participate via the court's AT&T teleconference services. Call-ininformation 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.Call-in number: 1-888-636-3807Access Code: 1450662 (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(rlfh) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
11

EP: EARLY SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. No settlement reached at this time. Further discussions on call. (Video Tele-Conference (VTC) - No Record 10:00 - 11:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 06/17/2021)

June 15, 2021

June 15, 2021

PACER
10

EP: Status Conference was conducted by telephone conference. Discussion held re: viability of further settlement negotiations. Plaintiffs intend to supplement their Motion for Preliminary Injunction and potentially amend the First Amended Class Action Complaint for Injunctive Relief and Declaratory Judgment Against All Defendants.Parties to submit a joint letter by noon on 6/17/2021 to otake_orders@hid.uscourts.gov informing the court of their positions following their LR 7.8 conference. Motion for Provisional Class Certification is due 6/17/2021.The Court will set a briefing schedule and hearing date after reviewing the additional submissions. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
12

Letter addressed to Judge Jill A. Otake from Eric A. Seitz, Esq., Gina Szeto-Wong, Esq., and Kevin A. Yolken, Esq., counsel for Plaintiffs, dated June 17, 2021. (emt, ) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
13

EO: The Court sets the following briefing schedule for 6 Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order: supplementation due by noon on 6/18/21, opposition due by noon on 6/23/21, reply due by 4:30 p.m. on 6/25/21. The Court will set a hearing once the pending matters referenced in the parties' 12 Joint Letter are resolved. Plaintiffs are directed to file their motion for provisional class certification after filing their second amended complaint to ensure that the request pertains to the operative pleading. Until the Court is able to review the motion for provisional class certification and any potential motion for judgment on the pleadings, it declines to set a briefing schedule or hearing on those matters. While the Court appreciates the parties efforts to resolve certain issues without court involvement, it cautions that the ongoing filings -- all of which potentially affect the request for injunctive relief -- may delay the adjudication of Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order. Should Defendants decline to file a motion in response to the second amended complaint, or delay in filing a motion, the Court will set a hearing on an expedited basis for the Motion for Preliminary Injunction and Temporary Restraining Order and the anticipated motion for provisional class certification. (JUDGE JILL A. OTAKE)(shm) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
14

SUPPLEMENT re 6 Plaintiffs' MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Robert Walsh, Wayne J. Ancheta, Duane Bertlemann, Francisco Alvarado, Brenon Nash by Francisco Alvarado, Wayne J. Ancheta, Duane Bertlemann, Bella Carvalho, Anthony Chatman, Juanita Grammer, Kuuipo Kalani, Brenon Nash, Tearon Pachecho-Fernandez, Dustin Snedeker-Abadilla, Robert Walsh . (Attachments: # 1 Supplement to Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order, # 2 Declaration of Gina Szeto-Wong, # 3 Exhibit A, # 4 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/21/2021 (emt, ). (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
15

MOTION for Leave to File Excess Pages in Local Rule 7.4(a) and (b) Kendall J. Moser appearing for Defendants Nolan Espinda, Josh Green, David Y. Ige, Max N. Otani, State of Hawaii, Department of Public Safety (Attachments: # 1 Memorandum, # 2 Declaration Kendall J. Moser, # 3 Certificate of Service)(Moser, Kendall) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
16

EO: On 6/21/21, Defendants filed a 15 Motion for Leave to Exceed Limits in Local Rule 7.4(a) and (b), requesting an extension of the page limit from 25 to 35 pages (or 7,200 words) for their opposition to Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order. Good cause appearing therefor, the Court GRANTS the Motion. (JUDGE JILL A. OTAKE)(shm) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
17

STIPULATION AND ORDER GRANTING PLAINTIFFS LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 6/22/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(emt, ) (Entered: 06/22/2021)

1 Exhibit A

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2 Exhibit B

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June 22, 2021

June 22, 2021

PACER
18

Second AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT against Max N. Otani, filed by Francisco Alvarado, Anthony Chatman, Zachary Granados, Tyndale Mobley, Joseph Deguair .(Szeto-Wong, Gina) Modified on 6/24/2021 (emt, ). (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

Clearinghouse
19

Summons (Proposed) (Szeto-Wong, Gina) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
20

Plaintiffs' MOTION for Provisional Class Certification Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Anthony Chatman (Attachments: # 1 Memorandum, # 2 Declaration of Gina Szeto-Wong, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Declaration of Eric A. Seitz, # 11 Certificate of Service)(Szeto-Wong, Gina) Modified on 6/24/2021 (emt, ). (Entered: 06/22/2021)

1 Memorandum

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2 Declaration of Gina Szeto-Wong

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Declaration of Eric A. Seitz

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11 Certificate of Service

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June 22, 2021

June 22, 2021

PACER

Order on Motion for Leave to File Excess Pages

June 22, 2021

June 22, 2021

PACER
21

EO: The Court imposes the follow briefing schedule for 20 Plaintiffs' Motion for Provisional Class Certification: opposition due by noon on 6/28/21, reply due by 4:30 p.m. on 7/1/21. (JUDGE JILL A. OTAKE)(shm) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
22

MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Nolan Espinda, Josh Green, David Y. Ige, Max N. Otani, State of Hawaii, Department of Public Safety. (Attachments: # 1 Declaration Gavin Takenaka, # 2 Declaration Tommy Johnson, # 3 Declaration Cramer L. Mahoe, # 4 Declaration Scott Harrington, # 5 Declaration Sean Ornellas, # 6 Declaration Wanda Craig, # 7 Declaration Eric Tanaka, # 8 Declaration Deborah Taylor, # 9 Declaration Francis Sequeira, # 10 Declaration Neal Wagatsuma, # 11 Declaration Stephanie Higa, # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Exhibit D, # 16 Certificate of Compliance, # 17 Certificate of Service)(Cruz, Skyler) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
23

Summons Issued as to Max N. Otani. (emt, ) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
24

Ex Parte MOTION for Leave to File Excess Pages Gina May Szeto-Wong appearing for Plaintiffs Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Gina Szeto-Wong, # 3 Proposed Order Granting Ex Parte Motion to Exceed Page Limitation, # 4 Certificate of Service)(Szeto-Wong, Gina) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
25

EO: On 6/24/21, Plaintiffs filed an 24 Ex Parte Motion to Exceed Page Limitation, requesting a three-page extension of the page limit for the reply memorandum in support of their Motion for Preliminary Injunction and Temporary Restraining Order. Good cause appearing therefor, the Court GRANTS the Motion. (JUDGE JILL A. OTAKE)(otake1) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
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REPLY re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Plaintiffs' Reply in Support of Plaintiffs' Motion for Temporary Restraining Order And Preliminary Injunction filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order And Preliminary Injunction, # 2 Declaration of Gina Szeto-Wong, # 3 Declaration of Kevin A. Yolken, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Certificate of Service)(Szeto-Wong, Gina) (Entered: 06/25/2021)

1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order

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2 Declaration of Gina Szeto-Wong

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3 Declaration of Kevin A. Yolken

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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14 Exhibit 11

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15 Exhibit 12

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16 Exhibit 13

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17 Exhibit 14

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18 Exhibit 15

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19 Exhibit 16

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20 Certificate of Service

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June 25, 2021

June 25, 2021

PACER
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EO: The hearing on: 6 Motion for Preliminary Injunction and Temporary Restraining Order; and 20 Plaintiffs' Motion for Provisional Class Certification is SET for 7/8/21 at 11:00 AM before DISTRICT JUDGE JILL A. OTAKE.The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Order on Motion for Leave to File Excess Pages

June 25, 2021

June 25, 2021

PACER
28

MEMORANDUM in Opposition re 20 Plaintiffs' MOTION for Provisional Class Certification filed by Max N. Otani. (Attachments: # 1 Declaration of Gavin Takenaka, # 2 Declaration of Cramer Mahoe, # 3 Declaration of Scott Harrington, # 4 Declaration of Sean Ornellas, # 5 Declaration of Wanda Craig, # 6 Declaration of Eric Tanaka, # 7 Declaration of Deborah Taylor, # 8 Declaration of Francis Sequeira, # 9 Declaration of Neal Wagatsuma, # 10 Declaration of Stephanie Higa, # 11 Certificate of Service)(Cruz, Skyler) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
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Plaintiffs' REPLY to Defendant's Opposition to 20 Plaintiffs' MOTION for Provisional Class Certification filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Memorandum Reply Memorandum in Support of Plaintiffs' Motion for Provisional Class Certification, # 2 Declaration of Gina Szeto-Wong, # 3 Declaration of Kevin A. Yolken, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Certificate of Service)(Szeto-Wong, Gina) Modified on 7/2/2021 (emt, ). (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
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EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 9:30 a.m. IS ADVANCED TO 9:00 a.m. on the smae date of 07/12/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. 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)(bbb) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
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REPORT of Planning Meeting . (Szeto-Wong, Gina) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
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Defendant Max N. Otani's Rule 16 Scheduling Conference Statement . (Attachments: # 1 Certificate of Service)(Cruz, Skyler) Modified on 7/6/2021 (emt, ). (Entered: 07/02/2021)

1 Certificate of Service

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July 2, 2021

July 2, 2021

PACER
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Plaintiffs' Rule 16 Scheduling Conference Statement . (Yolken, Kevin) Modified on 7/6/2021 (emt, ). (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
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EO: Plaintiffs' 6 Motion for Preliminary Injunction and Temporary Restraining Order and 20 Motion for Provisional Class Certification will be addressed in the following order and subject to the identified time limits at the 7/8/21 hearing:(1) Motion for Preliminary Injunction and Temporary Restraining Order -- Each side will have 30 minutes total for argument. Plaintiffs will proceed first and may reserve a portion of their allocated time for rebuttal.(2) Motion for Provisional Class Certification -- Each side will have 15 minutes total for argument. Plaintiffs will proceed first and may reserve a portion of their allocated time for rebuttal. (JUDGE JILL A. OTAKE)(shm) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
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EP: Hearing on Plaintiffs' 6 Motion for Preliminary Injunction and Temporary Restraining Order and 20 10 Motion for Provisional Class Certification was conducted by video teleconference (VTC). Oral arguments heard. 6 Motion for Preliminary Injunction and Temporary Restraining Order - TAKEN UNDER ADVISEMENT. 20 10 Motion for Provisional Class Certification - TAKEN UNDER ADVISEMENT.Court to issue a written order.(Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) (Additional attachment(s) added on 9/10/2021: # 1 Main Document correct Minutes) (shm). Modified on 9/10/2021 (shm). (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
38

EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order. Non-Jury Trial is set for 07/11/2022 at 9:00 a.m. before JUDGE JILL A. OTAKE. Telephonic Final Pretrial Conference is set for 05/31/2022 at 9:45 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 09/15/2021 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 04/11/2022 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 02/09/2022. Discovery due by 05/13/2022. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Early Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, 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(AT&T Service / 9:02 - 9:08) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 07/15/2021)

July 12, 2021

July 12, 2021

PACER
36

Defendant Max N. Otani's ANSWER to 18 Second Amended Complaint, for Injunctive Relief and Declaratory Judgment filed on June 22, 2021 by Max N. Otani. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) Modified on 7/15/2021 (emt, ). (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
37

ORDER (1) GRANTING PLAINTIFFS' MOTION FOR PROVISIONAL CLASS CERTIFICATION AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER re 6, 20 - Signed by JUDGE JILL A. OTAKE on 7/13/2021. (emt, ) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

Clearinghouse
39

RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on July 15, 2021. (bbb) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
40

EO: Based on the 37 Order on the Motion for Preliminary Injunction issued by District Judge Jill A. Otake, which is authorizing Magistrate Judge Mansfield to address compliance with the preliminary injunction, engage in factfinding procedures as deemed appropriate, and to issue certified factual findings to District Judge Otake. Furthermore, the parties have been directed to attend a status conferences with Magistrate Judge Mansfield once a month and that one week prior to each status conference, the parties shall file a joint status report. If they are unable to do so, they shall file separate status reports. Therefore, a Telephonic Status Conference is set for Tuesday, 07/20/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. For this conference, parties need not file a status report but should be prepared to discuss compliance with the injunction. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, 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)(bbb) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
41

EP: TELEPHONIC STATUS CONFERENCE held.Discussion held outlining the schedule for future regular status conferences to address compliance with the preliminary injunction. Regular Status Conference outline will be as follows: * First day of the month, parties are to file a Status Report to address issue and categories previously stated above. * One week after the Status Report deadline will be Plaintiff's Responsive Status Report. * One week after Plaintiff's Response Status Report will be the Status Conference.Mr. Seitz address his concerns.Status Report is due by August 2, 2021Plaintiff's Responsive Status Report is due by August 9, 2021.Further Telephonic Status Conference is set for 08/16/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, 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 2123668Court to issue an Order providing oversight. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb, ) Modified on 8/16/2021 - (AT&T Service / 9:20 - 9:41)(bbb). (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

RECAP
42

ORDER # 1 REGARDING OVERSIGHT OF THE PRELIMINARY INJUNCTION re 37, 41 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/21/2021. (emt, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

Clearinghouse
43

EX PARTE Motion to Waive the Seven-Day Requirement in Local Rule 7.8 RE: Motion to Clarify and/or Modify Preliminary Injunction Kendall J. Moser appearing for Defendant Max N. Otani (Attachments: # 1 Declaration of Kendall J. Moser, # 2 Certificate of Service)(Moser, Kendall) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
44

NOTICE of Appearance by Clare E. Connors on behalf of Max N. Otani on behalf of Max N. Otani. (Connors, Clare) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
45

MOTION to Amend/Correct 37 Order on Motion to Certify Class,, Order on Motion for Preliminary Injunction,, Order on Motion for TRO, Clare E. Connors appearing for Defendant Max N. Otani (Attachments: # 1 Memorandum in Support, # 2 Declaration of Max Otani, # 3 Exhibit A, # 4 Certificate of Service)(Connors, Clare) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
46

EO: On 7/29/21, Defendant filed an 43 Ex Parte Motion to Waive the Seven-Day Requirement in Local Rule 7.8 Re: Motion to Clarify and/or Modify Preliminary Injunction. As a preliminary matter, the Court notes that Defendant did not explain why it was filed on a ex parte basis. Local Rule 7.10 ("Any ex parte application must include a declaration that states why a stipulation or motion could not be submitted and sets forth the positions of other parties with respect to the request, if known." (emphasis added)). The clerk's office is directed to remove the ex parte designation. As for the substance of the request, the Court GRANTS the Motion and authorizes the filing of the 45 Motion to Clarify and/or Modify Preliminary Injunction less than seven days after the parties' Local Rule 7.8 meeting. (JUDGE JILL A. OTAKE)(shm) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
47

EO: Plaintiffs are directed to file a response to Defendant's 45 Motion to Clarify and/or Modify Preliminary Injunction by 8/6/21. Defendant's reply is due by 8/10/21. The Court will decide whether a hearing is necessary after reviewing the briefing. (JUDGE JILL A. OTAKE)(shm) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER

Order on Ex Parte Motion

July 30, 2021

July 30, 2021

PACER
48

STATUS REPORT No. 1 Regarding Compliance with the Preliminary Injunction filed on July 13, 2021 by Max N. Otani. (Attachments: # 1 Sworn Status Report Addressing Compliance at teh Hawaii Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, # 2 Sworn Status Report Addressing Compliance at the Halawa Correctional Facility with the Preliminary Injunction filed on July 13, 2021, # 3 Sworn Status Report Addressing Compliance at the Waiawa Correctional Facility with the Preliminary Injunction filed on July 13, 2021, # 4 Sworn Status Report Addressing Compliance at the Maui Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, # 5 Sworn Status Report Addressing Compliance at the Oahu Community Correctional Center with the Preliminary Injunction filed on July 13, 2021, # 6 Sworn Status Report Addressing Compliance at the Kauai Community Correctional Facility with the Preliminary Injunction filed on July 13, 2021, # 7 Sworn Status Report Addressing Compliance with the Preliminary Injunction filed on July 13, 2021, # 8 Sworn Status Report Addressing Compliance at the Women's Community Correctional Center filed on July 13, 2021, # 9 Certificate of Service)(Cruz, Skyler) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

RECAP
49

Letter addressed to Judge Jill A. Otake from Eric A. Seitz, Esq., dated August 6, 2021. (emt, ) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

RECAP
50

Plaintiffs' REPLY to 45 Defendant's MOTION to Clarify and/or Modify Preliminary Injunction re 37 filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Declaration of Kevin A. Yolken, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Certificate of Service)(Yolken, Kevin) Modified on 8/9/2021 (emt, ). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
51

Second MOTION to Modify Preliminary Injunction Skyler G. Cruz appearing for Defendant Max N. Otani (Attachments: # 1 Memorandum in Support, # 2 Declaration of Skyler Cruz, # 3 Exhibit A, # 4 Declaration of Max Otani, # 5 Declaration of Gavin Takenaka, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Certificate of Service )(Cruz, Skyler) Modified on 8/9/2021 (emt, ). (Entered: 08/08/2021)

Aug. 8, 2021

Aug. 8, 2021

PACER
52

EO: The Court has received counsel's 49 August 6, 2021 letter and will consider it pursuant to Order #1 Regarding Oversight of the Preliminary Injunction. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
53

Plaintiffs' FIRST RESPONSIVE STATUS REPORT to 48 Defendant Max N. Otani's Status Report No. 1 Regarding Compliance with the Preliminary Injunction Filed on July 13, 2021 by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44 (SEALED), # 45 Exhibit 45 (SEALED), # 46 Exhibit 46 (SEALED), # 47 Exhibit 47 (SEALED), # 48 Exhibit 48 (SEALED), # 49 Exhibit 49 (SEALED), # 50 Exhibit 50 (SEALED), # 51 Exhibit 51, # 52 Exhibit 52, # 53 Declaration of Gina Szeto-Wong, # 54 Certificate of Service)(Szeto-Wong, Gina) Modified on 8/10/2021 (emt, ). Modified on 8/11/2021 The filing party advised the Clerks' Office that Exhibits 44-50 contain confidential medical information. A motion to seal these exhibits is forthcoming. (emt, ). Modified on 8/13/2021 - Exhibits 44-50 are filed under seal pursuant to ECF No. 63 Order Granting Motion to Seal (emt, ). (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

RECAP
54

EO: On 8/8/21, Defendant filed a 51 Second Motion to Amend/Correct Preliminary Injunction, the second such request in just over one week's time. Defendant admits that he did not comply with Local Rule 7.8 but believes that he need not comply because his Motion is connected to Plaintiffs motion for preliminary injunction. He is mistaken. Local Rule 7.8 does not exempt these motions filed by Defendant. The Court previously waived Local Rule 7.8's seven-day requirement because the parties conferred; it did not authorize the parties to dispense of the requirement altogether. Nevertheless, because this is a dynamic situation and it is unlikely a conference will limit the scope of the Motion, the Court will address the Motion without a Local Rule 7.8 conference in this instance. This does not excuse future compliance. Plaintiffs are directed to file a response by 8/13/21. No reply is needed. (JUDGE JILL A. OTAKE)(otake1) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
55

REPLY in Support of 45 MOTION to Clarify and/or Modify Preliminary Injunction 37 filed by Max N. Otani. (Attachments: # 1 Declaration of Stephanie M. Higa, # 2 Declaration of Wanda M. Craig, # 3 Declaration of Mahina O. Assily, # 4 Certificate of Service)(Connors, Clare) Modified on 8/11/2021 (emt, ). (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
56

Letter Re: Update on recently reported outbreaks of Covid-19 in Hawaii correctional facilities addressed to Judge Jill A. Otake from Eric A. Seitz, Esq., dated August 11, 2021. (emt, ) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

RECAP
57

EO: The Court has been monitoring COVID-19 cases in DPS facilities and is aware of the current outbreaks referenced in Plaintiffs' 56 letter dated 8/11/21. The Court has conferred with Magistrate Judge Mansfield and he will address these issues at the upcoming status conference. (JUDGE JILL A. OTAKE)(shm) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
58

EO: Due to a conflict in the Court's schedule, the Telephonic Status Conference previously set for 9:00 a.m. IS ADVANCED TO 8:30 a.m. on the same date of 08/16/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, 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)(bbb) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
59

MOTION to Seal Document Kevin A Yolken appearing for Plaintiffs Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Kevin A. Yolken, # 3 Proposed Order Granting Motion, # 4 Certificate of Service)(Yolken, Kevin) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
60

Letter addressed to Judge Jill A. Otake from Clare E. Connors, Attorney General Re: implementation of vaccination policy, dated August 12, 2021 (restricted) . (emt, ) Modified on 8/12/2021 to limit viewing to case participants and the Court (emt, ). (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
61

ORDER DENYING DEFENDANT'S MOTION TO CLARIFY AND/OR MODIFY PRELIMINARY INJUNCTION re 45 - Signed by JUDGE JILL A. OTAKE on 8/12/2021. (emt, ) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

Clearinghouse
62

NOTICE OF PRELIMINARY INJUNCTION APPEAL as to 37 Order on Motion to Certify Class,, Order on Motion for Preliminary Injunction,, Order on Motion for TRO, 61 Order on Motion to Amend/Correct by Max N. Otani. Filing fee $ 505, receipt number 0975-2565355. USCA NO. 21-16324 (Attachments: # 1 Representation Statement, # 2 Certificate of Service)(Cruz, Skyler) Modified on 8/16/2021 (emt, ). Modified on 8/16/2021 (emt, ). (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
63

ORDER GRANTING PLAINTIFFS' MOTION TO FILE UNDER SEAL EXHIBITS 44-50 OF PLAINTIFFS' FIRST RESPONSIVE STATUS REPORT TO DEFENDANT MAX N. OTANI'S STATUS REPORT NO. 1 REGARDING COMPLIANCE WITH THE PRELIMINARY INJUNCTION FILED ON JULY 13, 2021 re 59 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/13/2021. (emt, ) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
64

Plaintiffs' Submission of REDACTED EXHIBITS 44-50 to 53 Plaintiffs' First Responsive Status Report by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Exhibit 44, # 2 Exhibit 45, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 50, # 8 Certificate of Service)(Yolken, Kevin) Modified on 8/17/2021 (emt, ). (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
65

RESPONSE to Motion re 51 Second MOTION to Modify Preliminary Injunction filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Declaration of Gina Szeto-Wong, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service)(Yolken, Kevin) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
66

EP: TELEPHONIC STATUS CONFERENCE held. Discussion held. Arguments heard. Further Status Conference is set for 08/18/2021 at 1:00 PM by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.(AT&T Service / 8:30 - 9:41) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
67

ORIGINAL SIGNATURE (Submission of Original Signed Declarations) submitted for re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit 2 - Declaration of Francisco Alvarado, # 2 Exhibit 3 - Declaration of Jeffrey Parent, # 3 Exhibit 4 - Declaration of Dustin Snedeker-Abadilla, # 4 Certificate of Service)(Szeto-Wong, Gina) Modified on 8/21/2021 (emt, ). (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
68

TRANSCRIPT Designation and Ordering Form by Max N. Otani for proceedings held on 6/10/2021; 6/16/2021; 7/8/2021 before Judge Honorable Jill A. Otake, re 62 Notice of Appeal, Transcript due by 8/19/2021. (Cruz, Skyler) Modified on 8/18/2021 Note: Document is signed by Nicholas M. McLean, Esq. (emt, ). (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
69

TRANSCRIPT Designation and Ordering Form by Max N. Otani for proceedings held on 7/12/2021; 7/20/2021 before Judge Honorable Kenneth J. Mansfield, re 62 Notice of Appeal, Transcript due by 8/19/2021. (Cruz, Skyler) Modified on 8/18/2021 Document is signed by Nicholas McLean, Esq. (emt, ). (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
70

USCA Case Number 21-16324 for 62 Notice of Appeal, filed by Max N. Otani. (emt, ) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
71

ORDER # 2 REGARDING OVERSIGHT OF THE PRELIMINARY INJUNCTION - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/16/2021. (emt, ) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

Clearinghouse
72

AMENDED 66 EP: TELEPHONIC STATUS CONFERENCE held. Discussion held. Arguments heard.Further Status Conference is set for 08/19/2021 at 1:00 PM by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.(AT&T Service / 8:30 - 9:41) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

RECAP
73

MOTION to Stay Injunction Pending Appeal Skyler G. Cruz appearing for Defendant Max N. Otani (Attachments: # 1 Memorandum in Support, # 2 Declaration of Skyler G. Cruz, # 3 Certificate of Service)(Cruz, Skyler) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
74

EO: Plaintiffs are directed to file a response to 73 Defendant's Motion to Stay Injunction Pending Appeal by 8/20/21. Defendant's reply is due by 8/23/21. (JUDGE JILL A. OTAKE)(shm) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
75

EO: The Status Conference set at the previous 72 proceeding will be set as a Settlement Conference. A short confidential settlement statements shall be emailed to mansfield_orders@hid.uscourts.gov no later than 08/18/2021 by noon.SETTLEMENT CONFERENCE is set for 08/19/2021 at 1:00 PM by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD.The previously email that the Courtroom Manager sent out on Monday, August 16, 2021 with detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date will be used for this conference. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
76

Attorney Appeal Packet re 62 Notice of Preliminary Appeal filed by Max N. Otani, USCA NO. 21-16324. (Attachments: # 1 Notice of Preliminary Injunction Appeal, # 2 Instructions for Civil Appeals, # 3 Additional Instructions for Transcript Designation and Ordering Form, # 4 Letter Re: Court Reporters, # 5 Transcript Designation and Ordering Form, # 6 Docket Sheet)(emt, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
77

TRANSCRIPT Designation and Ordering Form by Max N. Otani for proceedings held on 6/10/2021, 6/16/2021, and 7/8/2021 before Judge Jill A. Otake, re 68 Transcript Designation and Ordering Form, 62 Notice of Appeal,, Transcript due by 8/21/2021. (Cruz, Skyler) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
78

TRANSCRIPT Designation and Ordering Form by Max N. Otani for proceedings held on 7/12/2021 and 7/20/2021 before Judge Kenneth J. Mansfield, re 69 Transcript Designation and Ordering Form, 62 Notice of Appeal,, Transcript due by 8/21/2021. (Cruz, Skyler) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
79

ORDER DENYING DEFENDANT'S SECOND MOTION TO MODIFY PRELIMINARY INJUNCTION re 51 - Signed by JUDGE JILL A. OTAKE on 8/18/2021. (emt, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

Clearinghouse

ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Documents 68 Transcript Designation and Ordering Form and 69 Transcript Designation and Ordering Form filed by Max N. Otani were signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, )

Aug. 18, 2021

Aug. 18, 2021

PACER
80

NOTICE OF APPEAL Re: 79 Order Denying Defendant's Second Motion to Modify Preliminary Injunction by Max N. Otani. Filing fee $ 505, receipt number 0975-2567864. USCA NO. 21-16364 (Attachments: # 1 Representation Statement, # 2 Certificate of Service)(Cruz, Skyler) Modified on 8/24/2021 (emt, ). Modified on 8/24/2021 (emt, ). (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
82

EP: Settlement Conference held on 8/19/2021. Settlement Conference #2 is set for 8/23/2021 at 2:30 PM in Video Conference Hearing before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Courtroom Manager will be sending out a separate email providing counsel detailedinstructions regarding Settlement Conferences Video Tele-Conference (VTC) accessprior to the conference date.( Video Tele-Conference (VTC) - no record 1:00 - 1:45) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/23/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
85

USCA Case Number 21-16364 for 80 Notice of Appeal, filed by Max N. Otani. (emt, ) (Entered: 08/24/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
81

MEMORANDUM in Opposition re 73 MOTION to Stay Injunction Pending Appeal filed by Francisco Alvarado, Anthony Chatman, Joseph Deguair, Zachary Granados, Tyndale Mobley. (Attachments: # 1 Certificate of Service)(Yolken, Kevin) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
83

REPLY in Support of 73 MOTION to Stay Injunction Pending Appeal filed by Max N. Otani. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) Modified on 8/25/2021 (emt, ). (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
84

EP: FURTHER SETTLEMENT CONFERENCE held on 08/23/2021. The Court met with the parties. Settlement discussions held. No settlement reached at this time. Settlement discussions ongoing. (Video Tele-Conference (VTC) - no record 2:30 - 4:00) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
86

Attorney Appeal Packet re 80 Notice of Appeal, filed by Max N. Otani, USCA NO. 21-16364. (Attachments: # 1 Notice of Appeal, # 2 Instructions for Civil Appeals, # 3 Additional Instructions for Transcript Designation and Ordering Form, # 4 Letter Re: Court Reporters, # 5 Transcript Designation and Ordering Form, # 6 Docket Sheet)(emt, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
87

STIPULATION AND ORDER RE: STAY OF DISTRICT COURT PROCEEDINGS - Signed by JUDGE JILL A. OTAKE. 1. This case, and all associated deadlines and proceedings, shall be stayed in its entirety until August 31, 2021, except that Defendant agrees that he shall nevertheless continue to employ his best efforts to comply with the provisions set forth in the preliminary injunction during the period the stay is in effect; 2. Defendant shall immediately withdraw the emergency motion to stay filed in the Ninth Circuit on August 19, 2021, without prejudice to filing a future emergency motion to stay the injunction; and 3. The Parties agree that the brief stay outlined herein shall not be used by any Party as evidence of, or as in any way indicative of, a lack of urgency on the part of any Party with respect to these proceedings and any related appellate proceedings. (emt, ) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
88

EO: A Further Settlement Conference #2 is set for 08/26/2021 at 3:00 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
89

EO: The Further Settlement Conference #2 previously set for 08/26/2021 IS CONTINUED TO 08/27/2021 at 1:30 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The email link previously emailed to all counsel shall be the same link to be used for this conference. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
90

EP: FURTHER SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. No settlement reached at this time.Further Settlement Conference is set for August 30, 2021 at 2:00 p.m. before Magistrate Judge Kenneth J. Mansfield by Video Tele-Conference (VTC).The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.(Video Tele-Conference (VTC) - no record 1:30 - 2:45) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
91

EP: FURTHER SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. No settlement reached at this time.Further Settlement Conference is set for August 31, 2021 at 12:00 p.m. before Magistrate Judge Kenneth J. Mansfield by Video Tele-Conference (VTC).The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (Video Tele-Conference (VTC) - no record 2:00 - 2:45) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
92

EP: FURTHER SETTLEMENT CONFERENCE held. The Court met with the parties. Settlement discussions held. Tentative resolution reached on the language for the unsigned proposed class settlement and general release. (Video Tele-Conference (VTC) - no record 12:00 - 12:35) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Entered: 09/03/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
93

Joint MOTION for Preliminary Approval of Settlement and for Order Setting Fairness Hearing Skyler G. Cruz appearing for Defendant Max N. Otani (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Skyler G. Cruz, # 3 Exhibit "A", # 4 Certificate of Service)(Cruz, Skyler) (Entered: 09/03/2021)

1 Memorandum in Support of Motion

View on PACER

2 Declaration of Skyler G. Cruz

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3 Exhibit "A"

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4 Certificate of Service

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Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
94

Joint MOTION for Order Approving Notice and Directing Giving Notice to the Class Skyler G. Cruz appearing for Defendant Max N. Otani (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order, # 3 Proposed Notice, # 4 Certificate of Service)(Cruz, Skyler) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
95

CERTIFICATE OF SERVICE by Max N. Otani re Notice of Proposed Settlement to Federal and State Officials as Required Under 28 U.S.C. ยง 1715 (Attachments: # 1 Exhibit A)(Cruz, Skyler) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
96

EO: The parties are directed to submit a single proposed order regarding the pending 93 Joint Motion for Preliminary Approval of Settlement and for Order Setting Fairness Hearing and 94 Joint Motion for Order Approving Notice and Directing Giving Notice to the Class. The proposed order shall be submitted by 3:00 p.m. on 9/8/21 to otake_orders@hid.uscourts.gov.(JUDGE JILL A. OTAKE)(shm) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 9, 2021

Closing Date: Sept. 10, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals detained or incarcerated in Hawai'i prisons and jails, including subclasses for individuals with medical conditions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 250540

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

COVID-19:

COVID vaccination ordered

Independent monitor/inspector imposed/assisted

Mitigation Granted

Mitigation Requested

Quarantine/isolation ordered

Type of Facility:

Government-run