Case: Hawaii Disability Rights Center v. Cheung

1:06-cv-00605 | U.S. District Court for the District of Hawaii

Filed Date: Nov. 9, 2006

Closed Date: June 15, 2009

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority and private right of action to enforce its statutory authority. On November 9, 2006, Hawaii Disability Rights Center (Hawaii DRC) filed this lawsuit in the U.S. District Court for the District of Hawaii against Susanna F. Cheung in her official capacity as director of a Hawaii corporation providing support and residential services to individuals with disabilities. Represented by itself, Hawaii DRC alleged tha…

This is a case about a protection and advocacy (P&A) agency’s records access authority and private right of action to enforce its statutory authority. On November 9, 2006, Hawaii Disability Rights Center (Hawaii DRC) filed this lawsuit in the U.S. District Court for the District of Hawaii against Susanna F. Cheung in her official capacity as director of a Hawaii corporation providing support and residential services to individuals with disabilities. Represented by itself, Hawaii DRC alleged that Cheung violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when her corporation refused to provide the P&A with guardian directory records for individuals with disabilities that they served. Judge David Alan Erza presided over this matter.

This lawsuit began after a 2005 settlement between Hawaii DRC and Cheung concerning DRC’s records access authority. Following the settlement, Hawaii DRC received complaints of abuse and neglect by Cheung’s service providers. Hawaii DRC requested records concerning the alleged abuse and neglect and Cheung refused to provide the records. Subsequently, Cheung refused to provide Hawaii DRC records of guardians’ directory and contact information pursuant to its DD Act authority upon receiving a records request denial. Hawaii DRC filed a Motion for Preliminary Injunction to receive the directory records. On January 26, 2007, the court denied Hawaii DRC’s motion because they did not establish that they would suffer irreparable harm if they did not receive the records because they could obtain the directory records through discovery. Subsequently, Cheung filed a Motion to Dismiss, arguing that the DD Act does not provide Hawaii DRC a private right of action to enforce the DD Act. On October 1, 2007, the court denied Cheung’s Motion to Dismiss. The court reasoned that the DD Act creates an implied private right of action for Hawaii DRC by expressly authorizing that P&As may pursue “legal, administrative, and other appropriate remedies” for individuals with disabilities and in furtherance of its responsibilities as the state’s P&A. There were settlement discussions between the parties in 2007 and 2008.  On June 15, 2009, the case was dismissed with prejudice.

Summary Authors

NDRN (7/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4652145/parties/hawaii-disability-rights-center-v-susanna-f-cheung/


Documents in the Clearinghouse

Documents in this case
1

1:06-cv-00605

Complaint for Declaratory and Injunctive Relief: Demand for Jury Trial; Summons

Nov. 9, 2006

Nov. 9, 2006

Complaint
4

1:06-cv-00605

Plaintiff's Motion for Preliminary Injunction; Memorandum in Support of Plaintiff's Motion for Preliminary Injunction; Affidavit of Gary L. Smith; Affidavit of Verna Waikiki; Declaration of Winston D.M. Ling; Exhibits "A" - "H"; Proposed Order

Nov. 9, 2006

Nov. 9, 2006

Pleading / Motion / Brief
24

1:06-cv-00605

Order Denying Plaintiff's Motion for Preliminary Injunction

Jan. 26, 2007

Jan. 26, 2007

Order/Opinion

2007 WL 247765

51

1:06-cv-00605

Order Granting in Part and Denying in Part Plaintiff's Motion to Compel

July 13, 2007

July 13, 2007

Order/Opinion

2007 WL 2106584

82

1:06-cv-00605

Order Denying Defendants’ Motion for Reconsideration

Sept. 4, 2007

Sept. 4, 2007

Order/Opinion

2007 WL 2581468

83

1:06-cv-00605

Plaintiff Hawaii Disability Rights Center's Memorandum in Opposition to Defendants' Motion to Dismiss (Docket #53)

Sept. 5, 2007

Sept. 5, 2007

Pleading / Motion / Brief
98

1:06-cv-00605

Order Denying Plaintiff's Motion for Sanctions and Award of Attorneys’ Fees and Costs

Sept. 27, 2007

Sept. 27, 2007

Order/Opinion

2007 WL 2874842

101

1:06-cv-00605

Order Denying Defendants' Motion to Dismiss

Oct. 1, 2007

Oct. 1, 2007

Order/Opinion

513 F.Supp.2d 1185

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4652145/hawaii-disability-rights-center-v-susanna-f-cheung/

Last updated Aug. 24, 2026, 7:35 p.m.

Docket for: Hawaii Disability Rights Center v. Susanna F. Cheung
ECF Number Date Description Link
1 Nov. 9, 2006

COMPLAINT against all defendants (Filing fee $ 350.), filed by Hawaii Disability Rights Center. Plaintiffs Corporate Disclosure Statement due by 11/24/2006. (Attachments: # 1 Demand for Jury Trial # 2 Summons in a Civil Case)(afc) (Entered: 11/11/2006)

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2 Demand for Jury Trial

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3 Summons in a Civil Case

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2 Nov. 9, 2006

Order Setting Rule 16 Scheduling Conference for 09:00AM on 2/5/2007 before JUDGE BARRY M. KURREN - by Judge HELEN GILLMOR.(afc) (Entered: 11/11/2006)

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3 Nov. 9, 2006

Filing fee: $ 350.00, receipt number 237344 (afc) (Entered: 11/11/2006)

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4 Nov. 9, 2006

MOTION for Preliminary Injunction by plaintiff Hawaii Disability Rights Center. (Attachments: # 1 Memorandum in Support of M/PI (preceded by the Table of Contents and Table of Authorities) # 2 Affidavit of Gary L. Smith # 3 Affidavit of Verna Waikiki # 4 Declaration of Winston D.M. Ling # 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 PROPOSED Order granting M/PI)(afc) (Entered: 11/11/2006)

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2 Memorandum in Support of M/PI (preceded by the Table of Contents and Table of Au

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3 Affidavit of Gary L. Smith

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4 Affidavit of Verna Waikiki

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5 Declaration of Winston D.M. Ling

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6 Exhibit A

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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11 Exhibit F

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12 Exhibit G

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13 Exhibit H

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14 PROPOSED Order granting M/PI

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5 Nov. 14, 2006

SUMMONS Returned Executed Opportunities for the Retarded, Inc. served thru Suzanna Cheung on 11/14/2006, answer due 12/4/2006. (gls, ) (Entered: 11/15/2006)

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6 Nov. 14, 2006

SUMMONS Returned Executed Susanna F. Cheung served on 11/14/2006, answer due 12/4/2006. (gls, ) (Entered: 11/15/2006)

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7 Nov. 16, 2006

Corporate Disclosure Statement by Hawaii Disability Rights Center; Certificate of Service. (gab, ) (Entered: 11/17/2006)

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8 Nov. 29, 2006

NOTICE of Hearing on Motion 4 MOTION for Preliminary Injunction:. Motion Hearing set for 12/28/2006 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, ) (Entered: 11/29/2006)

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9 Nov. 30, 2006

EO: 4 -MOTION for Preliminary Injunction set for hearing on 12/28/2006 continued to 1/22/2007 09:00 AM before JUDGE DAVID ALAN EZRA. (Judge DAVID ALAN EZRA )(lls, ) (Entered: 11/30/2006)

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10 Dec. 4, 2006

Susanna F. Cheung and Opportunities for the Retarded, Inc.'s ANSWER to Complaint for Declaratory and Injunctive Relief, First COUNTERCLAIM of Defendants Susanna F. Cheung and Opportunities for the Retarded, Inc. against Hawaii Disability Rights Center by Susanna F. Cheung. (Attachments: # 1 COUNTERCLAIM)(Arikawa, Karen) Modified on 12/4/2006 (afc). (Entered: 12/04/2006)

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12 Dec. 4, 2006

Plaintiff's NOTICE of Hearing on Motion and certificate of service re: 4 Hawaii Disability Rights Center's MOTION for Preliminary Injunction: Motion Hearing set for 1/22/2007 09:00 AM before JUDGE DAVID ALAN EZRA. (afc) (Entered: 12/05/2006)

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Dec. 4, 2006

CORRECTIVE ENTRY re: docket entry number 10 Answer to Complaint and Counterclaim filed by Susanna F. Cheung. Because the attachment in the document was not described, please be advised that the Clerk's Office will modify the docket text to describe the attachment as "COUNTERCLAIM". Secondly, as it appears that only party Susanna F. Cheung was selected as a counter-claimant, the Clerk's office will add party "OPPORTUNITIES FOR THE RETARDED, INC. --named in the Counterclaim--as party counter-claimant. No further action by the filing party is required . (afc)

11 Dec. 5, 2006

NOTICE by Hawaii Disability Rights Center, Hawaii Disability Rights Center re 4 MOTION for Preliminary Injunction Notice of Hearing Hawaii Disability Rights Center, Hawaii Disability Rights Center. (Erteschik, Louis) (Entered: 12/05/2006)

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13 Dec. 20, 2006

ANSWER to Counterclaim of Defendants Cheung, et al. by Hawaii Disability Rights Center.(Erteschik, Louis) (Entered: 12/20/2006)

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14 Dec. 20, 2006

CERTIFICATE OF SERVICE by Hawaii Disability Rights Center re 13 Answer to Counterclaim of Defendants Cheung, et al. (Erteschik, Louis) Modified on 12/20/2006: The filing party has been contacted in regards to including counsel identification in the upper-left hand corner of the document. (afc). (Entered: 12/20/2006)

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15 Dec. 20, 2006

ANSWER to Counterclaim; certificate of service - by Hawaii Disability Rights Center.(afc) (Entered: 12/21/2006)

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16 Dec. 27, 2006

Corporate Disclosure Statement by Opportunities for the Retarded, Inc.. (Arikawa, Karen) (Entered: 12/27/2006)

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17 Jan. 4, 2007

MEMORANDUM in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Susanna F. Cheung. (Attachments: # 1 Declaration of Karen Y. Arikawa# 2 Exhibit "A"# 3 Certificate of Service)(Arikawa, Karen) Modified on 1/6/2007 to create link to the Motion for PI: 4 (afc). (Entered: 01/04/2007)

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18 Jan. 5, 2007

MEMORANDUM in Opposition (Amended) to Plaintiff's Motion for Preliminary Injunction filed by Susanna F. Cheung. (Attachments: # 1 Declaration of Ann Higa# 2 Declaration of Karen Y. Arikawa# 3 Exhibit "A"# 4 Certificate of Service)(Arikawa, Karen) Modified on 1/6/2007 to create link to the Motion for PI: 4 (afc). (Entered: 01/05/2007)

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Jan. 5, 2007

ADVISORY ENTRY. No link to pleading re: Memorandum in Opposition & Amended Memorandum in Opposition to plaintiff's Motion for Preliminary Injunction, docket entry numbers 17 and 18 . The Office of the Clerk will modify the docket text to include a link to the subject Motion for PI, docket entry number 4 . For the filing parties future reference, CM/ECF does allow the filer to create a "link" to pleadings by presenting the text: "Should the document you are filing link to another document in this case?" In this instance, the filer would have checked the box and linked the filing to the pertinent document - the Motion for Preliminary Injunction . (afc)

19 Jan. 8, 2007

ORIGINAL SIGNATURE page to the Declaration of Ann Higa submitted by and for defendants Susanna F. Cheung and Opportunities for the Retarded, Inc. re 18 Amended Memorandum in Opposition to 4 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1# 2 Certificate of Service)(afc) (Entered: 01/09/2007)

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20 Jan. 11, 2007

REPLY to Response to 18 Amended Memorandum in Opposition to 4 Plaintiff's MOTION for Preliminary Injunction - filed by Hawaii Disability Rights Center. (Attachments: # 1 Second Affidavit of Gary L. Smith # 2 Declaration of Louis Erteschik # 3 Exhibit I # 4 Certificate of Service)(afc) (Entered: 01/12/2007)

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21 Jan. 18, 2007

Scheduling Conference Statement; Certificate of Service by Hawaii Disability Rights Center. (afc) (Entered: 01/19/2007)

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22 Jan. 18, 2007

REPORT of the Meeting of the Parties; Certificate of Service by Hawaii Disability Rights Center. (afc) (Entered: 01/19/2007)

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23 Jan. 22, 2007

EP: Motions terminated: 4 MOTION for Preliminary Injunction filed by Hawaii Disability Rights Center, Motion Hearing held on 1/22/2007 re 4 MOTION for Preliminary Injunction filed by Hawaii Disability Rights Center-DENIED without prejudice. (Court Reporter cynthia fazio.) (Judge DAVID ALAN EZRA )(tl, ) (Entered: 01/23/2007)

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24 Jan. 26, 2007

ORDER DENYING 4 Plaintiff's MOTION for Preliminary Injunction. Signed by Judge DAVID ALAN EZRA on 1/26/07. (afc) (Entered: 01/26/2007)

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Jan. 26, 2007

COURT'S CERTIFICATE of Service - a copy of 24 ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, has been served by First Class Mail to the addresses of record on January 26, 2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

25 Jan. 29, 2007

TRANSCRIPT of Proceedings (MOTION FOR PREL INJUNC) held on 1/22/07 before Judge DAVID ALAN EZRA. Court Reporter: Cynthia Fazio. (31 pp.) (cf@hid.uscourts.gov) (Entered: 01/29/2007)

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26 Jan. 29, 2007

Scheduling Conference Statement; Certificate of Service by defendant Susanna F. Cheung, defendant Opportunities for the Retarded, Inc.. (afc) (Entered: 01/30/2007)

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27 Feb. 5, 2007

EP: Rule 16 Scheduling Conference not held. The Rule 16 Scheduling Conference and a Settlement Conference will be set. Parties to call with a date. (FTR-Ctrm C6 no record, 9:13 - 9:30) (Judge BARRY M. KURREN)(rwy) (Entered: 02/06/2007)

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28 Feb. 13, 2007

EO: Status Conference Re Expedited Discovery is set for 2/20/2007 at 09:00 AM before JUDGE BARRY M. KURREN at the agreement of the parties. (Judge BARRY M. KURREN)(rwy) (Entered: 02/13/2007)

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29 Feb. 20, 2007

EP: Status Conference Re Expedited Discovery - discovery has not been stayed. (FTR-Ctrm C5 no record, 9:20 - 9:27) (Judge BARRY M. KURREN)(rwy) (Entered: 02/20/2007)

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30 Feb. 22, 2007

EO: Settlement Conference and Rule 16 Scheduling Conference are set for 09:00 AM on 4/12/2007 before JUDGE BARRY M. KURREN. Confidential Settlement Conference Statements due 4/9/2007. (Judge BARRY M. KURREN)(rwy) (Entered: 02/22/2007)

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31 March 15, 2007

NOTICE of Withdrawal and Substitution of Attorneys for Plaintiff; Certificate of Service. Attorney Lissa D. Shults and Attorney Bradley R. Tamm of Shults & Tamm LLP, substitute as counsel for plaintiff Hawaii Disability Rights Center. Attorneys Louis Erteschik, Matthew C. Bassett, and Winston D.M. Ling WITHDRAW as counsel for plaintiff Hawaii Disability Rights Center. Signed by Judge BARRY M. KURREN. (afc) Modified (deleted typographical error) on 3/28/2007 (afc). (Entered: 03/17/2007)

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32 March 27, 2007

CERTIFICATE OF SERVICE by Hawaii Disability Rights Center (re: First Request for Answers to Interrogatories to Defendants Opportunities for the Retarded Inc., and Susana F. Cheung) (Tamm, Bradley) (Entered: 03/27/2007)

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33 April 12, 2007

EP: Settlement Conference held. Further Settlement Conferences will be set up with individual parties. Rule 16 Scheduling Conference not held. (FTR-Ctrm Chambers, 9 -9:25) (Judge BARRY M. KURREN)(rwy) Modified on 4/16/2007 (afc). (Entered: 04/13/2007)

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April 13, 2007

CORRECTIVE ENTRY re docket entry number 33 Minutes regarding Settlement Conference, Rule 16 Scheduling Conference. Please be advised that the "date-filed" field, entered for the date of 4/13/07, will be modified to reflect the date of the hearing, 4/12/07. (afc)

34 April 26, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. (afc) (Entered: 04/27/2007)

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35 April 26, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. (afc) (Entered: 04/27/2007)

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36 April 27, 2007

EO: Site Visit with defendants is set for 5/1/2007 at 01:30 PM before JUDGE BARRY M. KURREN. Site Visit with plaintiff is set for 5/15/2007 at 01:30 PM before JUDGE BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy) (Entered: 04/27/2007)

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37 May 1, 2007

EP: Further Settlement Conference (site visit with defendants) held on 5/1/2007. (FTR-Ctrm Chambers, 1-4) (Judge BARRY M. KURREN)(rwy) (Entered: 05/01/2007)

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38 May 15, 2007

EP: Further Settlement Conference (site visit with plaintiff) held on 5/15/2007. (FTR-Ctrm Chambers, 1:30 - 2:40) (Judge BARRY M. KURREN)(rwy) (Entered: 05/21/2007)

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39 May 24, 2007

MOTION to Compel Answer to Interrogatory by Hawaii Disability Rights Center. (Attachments: # 1 Memorandum # 2 Certification of Plaintiff's Good Faith Attemtp to Confer with Defendants# 3 Declaration of Bradley R. Tamm# 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 Certificate of Service)(Tamm, Bradley) (Entered: 05/24/2007)

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40 May 25, 2007

NOTICE of Appearance by Peter W. Olson on behalf of Hawaii Disability Rights Center on behalf of Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Olson, Peter) (Entered: 05/25/2007)

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41 June 1, 2007

NOTICE of Hearing on Motion- 39 -MOTION to Compel Answer to Interrogatory set for hearing on for 7/6/2007 02:30 PM before JUDGE BARRY M. KURREN. (lls, ) (Entered: 06/01/2007)

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42 June 15, 2007

ORDER OF RECUSAL. Magistrate Judge BARRY M. KURREN recused. Case reassigned to Magistrate Judge LESLIE E KOBAYASHI for all further proceedings. New case number is: CV 06-00605DAE-LEK. Signed by Magistrate Judge BARRY M. KURREN on June 15, 2007. (bbb, ) (Entered: 06/15/2007)

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June 15, 2007

COURT'S CERTIFICATE of Service - a copy of 42 Order of Recusal, has been served by First Class Mail to the addresses of record on 06/15/2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )

43 June 18, 2007

NOTICE of Appearance by Todd A. Boley on behalf of Susanna F. Cheung, Opportunities for the Retarded, Inc. on behalf of Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 06/18/2007)

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44 June 18, 2007

MEMORANDUM in Opposition to Motion to Compel filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 06/18/2007)

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45 June 18, 2007

AFFIDAVIT in Opposition to Motion to Compel by Ann Higa filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 06/18/2007)

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46 June 18, 2007

AFFIDAVIT in Opposition to Motion to Compel by Richard Renshaw filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 06/18/2007)

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47 June 18, 2007

REQUEST For Judicial Notice by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 06/18/2007)

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June 18, 2007

ADVISORY ENTRY. The entry docket number 46 Affidavit in Opposition to Motion and, 45 Affidavit in Opposition to Motion filed by Susanna F. Cheung, Opportunities for the Retarded, Inc. was filed incorrectly in this case. All parts of a pleading/submission shall be articulated as separate PDF attachments (e.g., Exhibits). The filing party is cautioned to consult with local counsel and/or the standing procedural order in future filings. No action is required.. (gls, )

48 June 21, 2007

EO: 39 MOTION to Compel Answer to Interrogatory. Motion Hearing set for 7/6/2007 at 02:30 PM before JUDGE BARRY M. KURREN is continued to 7/20/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 06/21/2007)

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49 June 25, 2007

REPLY to Response to Motion re 39 MOTION to Compel Answer to Interrogatory filed by Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Tamm, Bradley) (Entered: 06/25/2007)

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50 July 11, 2007

EO: Plaintiff Hawaii Disability Rights Center's Motion to Compel Answer to Interrogatory set for 7/20/2007 at 09:00 AM before Magistrate Judge Leslie E. Kobayashi is Vacated. Defendants' Request for Judicial Notice is GRANTED and Plaintiff's Motion to Compel is GRANTED, subject to a protective order. The Court will prepare the Order Granting Plaintiff's Motion to Compel. Status Conference/Trial Setting Conference set for 7/30/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. Motions terminated: 39 MOTION to Compel Answer to Interrogatory filed by Hawaii Disability Rights Center. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 07/11/2007)

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51 July 13, 2007

ORDER GRANTING IN PART AND DENYING IN PART 39 PLAINTIFFS MOTION TO COMPEL. Signed by Judge LESLIE E KOBAYASHI on 7/13/07. [Court GRANTS Plaintiff's Motion to Compel subject to a protective order and ORDERS Defendants to respond to Plaintiffs Interrogatory No. 2 and provide a complete list of the names and addresses requested therein by August 17, 2007. The Court further ORDERS the parties to meet and confer regarding the protective order and submit a stipulated protective order no later than August 3, 2007. The Court DENIES Plaintiffs request for attorneys' fees and costs.] (afc) (Entered: 07/13/2007)

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52 July 13, 2007

EO: Court's Order re 47 Request for Judicial Notice. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 07/13/2007)

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July 13, 2007

COURT'S CERTIFICATE of Service - a copy of 51 the ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL, has been served by First Class Mail to the addresses of record on July 13, 2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

53 July 18, 2007

First MOTION to Dismiss by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 07/18/2007)

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54 July 18, 2007

MEMORANDUM in Support re 53 First MOTION to Dismiss filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 07/18/2007)

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55 July 18, 2007

REQUEST For Judicial Notice by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) Modified on 7/18/2007 to note that this filing includes an "EXHIBIT A". Notified filing party (afc). (Entered: 07/18/2007)

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56 July 18, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. re 55 Request, 53 First MOTION to Dismiss, 54 Memorandum in Support of Motion (Boley, Todd) (Entered: 07/18/2007)

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57 July 19, 2007

NOTICE of Hearing on Motion 53 First MOTION to Dismiss by Susanna F. Cheung, Opportunities for the Retarded, Inc. Motion Hearing set for 9/24/2007 09:00 AM before JUDGE DAVID ALAN EZRA. (tl, ) (Entered: 07/19/2007)

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58 July 24, 2007

OBJECTION re 51 Order,, GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL (LR 74.1) filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 07/24/2007)

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59 July 24, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. re 58 Objection (Boley, Todd) (Entered: 07/24/2007)

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60 July 25, 2007

EO: Rule 16 Scheduling Conference for 7/30/2007 at 09:00AM is continued to 10/15/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 07/25/2007)

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61 July 26, 2007

Ex Parte MOTION to Shorten Time to hear Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 07/26/2007)

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62 July 26, 2007

SUBMISSION of Proposed Order to Judge DAVID ALAN EZRA Shortening Time For Hearing a Motion To Stay Enforcement of Magistrate's Order Compelling Discovery. (Boley, Todd) (Entered: 07/26/2007)

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63 July 26, 2007

First MOTION to Stay re 51 Order,, Staying Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 07/26/2007)

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64 July 26, 2007

Declaration re 61 Ex Parte MOTION to Shorten Time to hear Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities, of Todd Boley in Support of Defendants Susanna F. Cheung and Opportunities For The Retarded, Inc.'s Ex Parte Motion For Order Shortening Time For Filing A Motion To Stay Enforcement of Magistrate's Order Compelling Discovery. (Boley, Todd) (Entered: 07/26/2007)

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65 July 26, 2007

SUBMISSION of Proposed Order to Judge DAVID ALAN EZRA Staying Enforcement of Magistrate's Order Compelling Discovery. (Boley, Todd) (Entered: 07/26/2007)

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66 July 26, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. re 62 Submission of Proposed Order, 63 First MOTION to Stay re 51 Order,, Staying Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities, 65 Submission of Proposed Order, 64 Declaration, 61 Ex Parte MOTION to Shorten Time to hear Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities (Boley, Todd) (Entered: 07/26/2007)

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67 July 26, 2007

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Hawaii Disability Rights Center re 58 Objection, 51 Order,, (Attachments: # 1 Memorandum # 2 Certificate of Service)(Tamm, Bradley) (Entered: 07/26/2007)

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68 July 26, 2007

STATEMENT of No Opposition re 61 Ex Parte MOTION to Shorten Time to hear Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities filed by Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Tamm, Bradley) (Entered: 07/26/2007)

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69 July 30, 2007

NOTICE by Hawaii Disability Rights Center re 51 Order,, Notice of Submission of Proposed "Protective Order" Hawaii Disability Rights Center. (Attachments: # 1 Exhibit "A" - [proposed] Protective Order# 2 Certificate of Service)(Tamm, Bradley) (Entered: 07/30/2007)

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70 July 31, 2007

ORDER DENYING 61 DEFENDANTS SUSANNA F. CHEUNG AND OPPORTUNITIES FOR THE RETARDED, INC.'S EX PARTE MOTION FOR ORDER SHORTENING TIME TO HEAR A MOTION TO STAY ENFORCEMENT OF MAGISTRATE'S ORDER COMPELLING DISCOVERY. Signed by Judge DAVID ALAN EZRA on 7/31/07. [related doc: 63 First Motion to Stay Enforcement of Magistrate's Order Compelling Discovery] (afc) (Entered: 07/31/2007)

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July 31, 2007

COURT'S CERTIFICATE of Service - a copy of 70 the ORDER DENYING DEFENDANTS SUSANNA F. CHEUNG AND OPPORTUNITIES FOR THE RETARDED, INC.'S EX PARTE MOTION FOR ORDER SHORTENING TIME TO HEAR A MOTION TO STAY ENFORCEMENT OF MAGISTRATE'S ORDER COMPELLING DISCOVERY, has been served by First Class Mail to the addresses of record on July 31, 2007. Registered Participants of CM/ECF and the Courtroom Manager to Judge David Alan Ezra received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

Aug. 1, 2007

EO: Motions Taken Under Advisement: 63 First MOTION to Stay re 51 Order,, Staying Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities, 67 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Hawaii Disability Rights Center re 58 Objection, 51 Order. Motions to be decided on the papers without a hearing. (Judge DAVID ALAN EZRA )(tl, )

71 Aug. 3, 2007

MEMORANDUM in Opposition to Defendants' Objections to 51 Magistrate Judge's Order Granting in Part and Denying in Part Plaintiff's Motion to Compel (re: Objection 58 ) filed by Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Tamm, Bradley) Modified on 8/6/2007 (afc). (Entered: 08/03/2007)

RECAP
72 Aug. 3, 2007

MEMORANDUM in Opposition re 63 First MOTION to Stay re 51 Order,, Staying Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities filed by Hawaii Disability Rights Center. (Attachments: # 1 Declaration of Louis Erteschik# 2 Certificate of Service)(Tamm, Bradley) (Entered: 08/03/2007)

RECAP
73 Aug. 6, 2007

RESPONSE re 67 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Hawaii Disability Rights Center re 58 Objection, 51 Order,, filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Attachments: # 1 Main Document "Defendants Susanna F. Cheung and Opportunities for the Retarded, Inc.'s Response to plaintiff's Cross-Appeal of Magistrate's Order Granting in Part and Denying in Part Plaintiff's Motion to Compel; Certificate of Service" # 2 Certificate of Service)(Boley, Todd) Modified on 8/6/2007 to clarify attachment (afc). (Entered: 08/06/2007)

RECAP
74 Aug. 7, 2007

PROTECTIVE ORDER. Signed by Judge LESLIE E KOBAYASHI on 8/7/07. (afc) (Entered: 08/07/2007)

RECAP
Aug. 7, 2007

COURT'S CERTIFICATE of Service - a copy of 74 the PROTECTIVE ORDER,has been served on August 7, 2007 by First Class Mail to the address of record for John T. Komeiji, Esq.. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

75 Aug. 16, 2007

ORDER DENYING 63 DEFENDANTS' MOTION FOR ORDER STAYING ENFORCEMENT OF MAGISTRATE JUDGE'S ORDER COMPELLING DISCOVERY. Signed by Judge DAVID ALAN EZRA on 8/16/07. Order Compelling Discovery: Doc 51 (afc) (Entered: 08/16/2007)

RECAP
Aug. 16, 2007

COURT'S CERTIFICATE of Service - a copy of 75 the ORDER DENYING DEFENDANTS' MOTION FOR ORDER STAYING ENFORCEMENT OF MAGISTRATE JUDGE'S ORDER COMPELLING DISCOVERY, has been served by First Class Mail to the addresses of record on August 16, 2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

76 Aug. 23, 2007

MOTION Motion for Sanctions and Award of Attorneys Fees re 51 Order,, by Hawaii Disability Rights Center. (Attachments: # 1 Memorandum # 2 Declaration of Lissa D. Shults# 3 Certificate of Service)(Tamm, Bradley) (Entered: 08/23/2007)

RECAP
77 Aug. 27, 2007

First MOTION for Reconsideration re 75 Order on Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 08/27/2007)

RECAP
78 Aug. 27, 2007

NOTICE of Hearing on Motion 76 MOTION Motion for Sanctions and Award of Attorneys Fees re 51 Order : Motion Hearing set for 9/27/2007 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (wnn, ) (Entered: 08/27/2007)

RECAP
79 Aug. 27, 2007

Declaration re 77 First MOTION for Reconsideration re 75 Order on Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities [of Ann Higa]. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Boley, Todd) (Entered: 08/27/2007)

RECAP
80 Aug. 27, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. re 77 First MOTION for Reconsideration re 75 Order on Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities, 79 Declaration, of Ann Higa in Support of Motion for Reconsideration (Boley, Todd) (Entered: 08/27/2007)

RECAP
81 Aug. 31, 2007

MEMORANDUM in Opposition re 77 First MOTION for Reconsideration re 75 Order on Motion to Stay Enforcement of Magistrate's Order Compelling Discovery; Points and Authorities filed by Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Tamm, Bradley) (Entered: 08/31/2007)

RECAP
82 Sept. 4, 2007

ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION. Signed by Judge DAVID ALAN EZRA on 9/3/07. (afc) [re: Order denying 77 Defendants' Motion for Reconsideration of 75 the Order denying 63 Defendants' Motion for Order Staying Enforcement of 51 Magistrate Judge's Order Compelling Discovery] (Entered: 09/04/2007)

RECAP
Sept. 4, 2007

COURT'S CERTIFICATE of Service - a copy of 82 the ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION, has been served by First Class Mail to the addresses of record on September 4, 2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)

83 Sept. 5, 2007

MEMORANDUM in Opposition re 53 First MOTION to Dismiss filed by Hawaii Disability Rights Center. (Attachments: # 1 Certificate of Service)(Tamm, Bradley) (Entered: 09/05/2007)

2 Certificate of Service

View on PACER

RECAP
84 Sept. 11, 2007

MEMORANDUM in Opposition re 76 MOTION Motion for Sanctions and Award of Attorneys Fees re 51 Order,, filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 09/11/2007)

RECAP
85 Sept. 11, 2007

Declaration re 84 Memorandum in Opposition to Motion (of Todd Boley in Support of Motion). (Attachments: # 1 Exhibit A to Declaration of Todd Boley# 2 Exhibit B to Declaration of Todd Boley# 3 Exhibit C to Declaration of Todd Boley)(Boley, Todd) (Entered: 09/11/2007)

RECAP
86 Sept. 11, 2007

CERTIFICATE OF SERVICE by Susanna F. Cheung, Opportunities for the Retarded, Inc. re 84 Memorandum in Opposition to Motion, 85 Declaration, (Boley, Todd) (Entered: 09/11/2007)

RECAP
87 Sept. 13, 2007

REPLY to Response to Motion re 53 First MOTION to Dismiss filed by Susanna F. Cheung, Opportunities for the Retarded, Inc.. (Boley, Todd) (Entered: 09/13/2007)

RECAP
88 Sept. 13, 2007

Declaration re 87 Reply to Response to Motion. (Attachments: # 1 Exhibit A to Declaration of Todd Boley# 2 Exhibit B to Declaration of Todd Boley# 3 Exhibit C to Declaration of Todd Boley# 4 Exhibit D to Declaration of Todd Boley)(Boley, Todd) (Entered: 09/13/2007)

RECAP

Case Details

State / Territory:

Hawaii

Case Type(s):

Disability Rights

Key Dates

Filing Date: Nov. 9, 2006

Closing Date: June 15, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Opportunities for the Retarded Inc

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Other Dockets:

District of Hawaii 1:06-cv-00605

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Document/information produced

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation