Case: United States v. Hawaii

No Court

No Court

COMPLAINT; Certificate of the Attorney General; Summons. (Attachments: # 1 Civil Cover Sheet)(afc) (Entered: 08/07/2007)

CIVIL CASE DOCKET SHEET reflecting docket text entry number 1 through 17 (afc) (Entered: 08/07/2007)

PETITION by plaintiff USA for Order to Show Cause why defendants should not be held in contempt; memorandum in support of petition; exhibits 1-44 (wnn) (Entered: 12/14/1994)

RETURN OF SERVICE executed petition for osc and osc on Cheryl DeMello for Sonia Faust on 2/14/94 (tbf) (Entered: 12/20/1994)

ORDER TO SHOW CAUSE why defts should not be held in contempt: by Judge David A. Ezra - on behalf of USA set for 9:00 1/10/95 to Judge David A. Ezra (tbf) (Entered: 12/20/1994)

RETURN OF SERVICE of OSC executed upon defendant State of Hawaii on 12/23/94 (wnn) (Entered: 12/29/1994)

MEMORANDUM by defendant in opposition to United States' petition for an order to show cause why defendants should not be held in contempt [18-1]; declaration of Sherry K. Harrison, exhibit "A"; declaration of Lawrence Miike, M.D.; declaration of Paula E. Ayers; declaration of Antonia S. Austria, M.D.; certificate of service (wnn) (Entered: 12/30/1994)

EX PARTE MOTION by plaintiff USA for an expedited ruling on defendants' request for continuance of contempt hearing (wnn) (Entered: 01/18/1995)

MEMORANDUM by plaintiff USA in opposition to defendants' request for a continuance of the 1/10/95 contempt hearing (wnn) (Entered: 01/18/1995)

ORDER denying defendants' request for continuance by Judge David A. Ezra - on behalf of plaintiff (wnn) (Entered: 01/18/1995)

EP : Order to Show Caue Why defendant Should Not be Held In Contempt: stipulation regarding admissibility of documents in United States' memorandum in support of petition to show cause why defendants should not be held in contempt; order signed and filed. defendants stipulate to the qualification of pltf's experts witnesses, Dr. Jeffrey Geller and Miriam Kile; their declarations and waives cross examination. opening statement by the plaintiff. no evidence submitted by the defts in defense of violations alleged by the plaintiff. the court finds defendants in violation of the Court's order. the cCourt will allow the exceutive and legislative branch of the State of Hawaii prepare a remedial plan in accordance with the remedial measure suggested by the pltf. the submission and approval of such a plan is set for 9:00 1/18/95. the defendants are enjoined from taking any retribution against the "whistle-blowers" and ordered to investigate any threats made thereof.(Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 01/18/1995)

STIPULATION and ORDER by Judge David A. Ezra : regarding admissibility of documents in United States' memorandum in support of petition to show cause why defendants should not be held in contempt - on behalf of USA (wnn) (Entered: 01/18/1995)

ORDER by Judge David A. Ezra holding defendants in contempt - [Court finds defendants in contempt of its 1991 Order; court hereby enjoins any current, former or future HSH or State employee from retaliating in any way against any person who has assisted or assists plaintiff by reporting deficient conditions at Hawaii State Hospital - (cc: all counsel) (wnn) (Entered: 01/18/1995)

EO : the hearing on the submission and approval of the remedial plan is continued to 3:00 1/19/95. ( Ct Rptr : ) JUDGE Judge David A. Ezra (wnn) (Entered: 01/23/1995)

EP : stipulation and order to remedy defendants' contempt of settlement agreement; attachment 1 signed and filed. ( Ct Rptr : YI) JUDGE Judge David A. Ezra (wnn) (Entered: 01/23/1995)

STIPULATION and ORDER by Judge David A. Ezra : to remedy defendants' contempt of settlement agreement; attachment "1" - on behalf of plaintiff USA (wnn) (Entered: 01/24/1995)

STIPULATION and ORDER regrding reporting requirements - by Judge David A. Ezra : on behalf of USA (tbf) (Entered: 02/21/1995)

FIRST STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan (wnn) (Entered: 03/01/1995)

SECOND STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachments 1-2 (attachment 2 filed under seal) (wnn) (rr). (Entered: 04/05/1995)

THIRD STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachments 1-3 (attachment 2 & 3 filed under SEAL) (wnn) (rr). (Entered: 05/02/1995)

United States' fourth STATUS REPORT regarding defendants' compliance with remedial plan; attachment (fe) (Entered: 06/09/1995)

United States' FIFTH STATUS REPORT regarding defendants' compliance with remedial plan; attachment (fe) (Entered: 07/05/1995)

SIXTH STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a; attachment b (wnn) (Entered: 08/01/1995)

Seventh STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a (wnn) (Entered: 09/12/1995)

United States' eighth STATUS REPORT regarding defendants' compiance with remedial plan; attachment a (fe) (Entered: 10/02/1995)

Ninth STATUS REPORT regarding defts' compliance with remedial plan; attachment a - by plaintiff (tbf) (Entered: 11/03/1995)

STIPULATION and ORDER by Judge David A. Ezra : regarding procedures for reporting and investigating allegations of abuse and neglect at Hawaii State Hospital - on behalf of USA (wnn) (Entered: 11/16/1995)

TENTH STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a (wnn) (Entered: 12/04/1995)

Eleventh STATUS report regarding defendants' compliance with court's orders; attachment a; attachment b - by plaintiff USA (tbf) (Entered: 01/09/1996)

TWELFTH STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b (wnn) (Entered: 02/01/1996)

Thirteenth Status REPORT regarding defts' compliance with court's orders; attachment a; attachment b - by plaintiff USA (tbf) (Entered: 03/05/1996)

United States' Fourteenth STATUS REPORT regarding defendants' compliance with court's orders; attachment a - on behalf of pltf (fe) (Entered: 04/11/1996)

Fifteenth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c (wnn) Modified on 05/06/1996 (Entered: 05/06/1996)

JOINT MOTION by plaintiff USA for status conference - set for 8:00 5/22/96 before Judge David Alan Ezra (wnn) (Entered: 05/07/1996)

EP : Status conference held 5/22/96 before Judge David A. Ezra ; pltf's counsel Verlin Hughes recited on the record to this court the update on conditions at the State Hospital; the next written status report from the plaintiff's to this court is due by 7/1/96 ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/28/1996)

STIPULATION and ORDER - [re progress regarding implementation of certain provisions of stip and order to remedy defts' contempt of settlement agreement and remedial plant entered as an order on 01/19/95, and to address areas in continuing need of correction at Hawaii State Hospital; all provisions of (1) order entered 9/19/91, (2) stip and order entered 1/19/95, and (3) stip and order entered 11/15/95 that do not otherwise conflict with the terms of this order shall remain in full force and effect] - by Judge David A. Ezra - on behalf of pltf (fe) Modified on 07/02/1996 (Entered: 07/02/1996)

Sixteenth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a (wnn) (Entered: 07/02/1996)

Seventeenth STATUS REPORT regarding defts' compliance with court's orders; attachment a - by plaintiff USA (tbf) (Entered: 08/05/1996)

Eighteenth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (wnn) (Entered: 08/30/1996)

Ninteenth STATUS REPORT regarding defts' complaince with court's orders; attachment a; attachment b; attachment c; attachment d - plaintiff USA (tbf) (Entered: 10/03/1996)

United States' Twentieth STATUS REPORT regarding defts' compliance with court's orders; attachment a (fe) (Entered: 11/04/1996)

Twenty First STATUS REPORT by plaintiff USA regarding defendants' compliance with court orders; attachment a; attachment b; attachment c (wnn) (Entered: 12/03/1996)

United States' Twenty-Second STATUS REPORT regarding defts' compliance with court's orders; attachment a - on behalf of pltf (fe) (Entered: 01/06/1997)

Twenty-Third STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a (wnn) (Entered: 02/07/1997)

Twenty-Fourth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a (wnn) (Entered: 03/03/1997)

Twenty-Fifth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a (wnn) (Entered: 04/02/1997)

Twenty-Sixth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (fe) (Entered: 05/06/1997)

Twenty Seventh STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c (wnn) (Entered: 06/05/1997)

NOTIFICATION by plaintiff USA of name change of counsel - [Verlin Hughes' name changed to Verlin Hughes Deerinwater] (fe) (Entered: 07/09/1997)

TWENTY-EIGHTH STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b (fe) (Entered: 07/09/1997)

Twenty-Ninth STATUS REPORT regarding defts' compliance with court's orders; attachment a; attachment b; attachment c - by plaintiff USA (tbf) (Entered: 08/07/1997)

THIRTIETH STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a (fe) (Entered: 08/26/1997)

Thirty-First STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 10/06/1997)

SUPPLEMENT by plaintiff USA to 31st status report regarding defts' compliance with court's order [68-1]; attachment a; attachment b (fe) (Entered: 10/21/1997)

Joint MOTION for status conference - referred to Judge David A. Ezra - on behalf of USA (fe) (Entered: 10/29/1997)

EO : status conference set for 3:00 11/18/97 before Judge David A. Ezra ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe) (Entered: 10/29/1997)

Thirty-second STATUS REPORT by plaintiff USA regarding deft' compliance with court's orders; attachment a (fe) (Entered: 11/05/1997)

EP : Status conference on the consent decree held 11/18/97 before Judge David A. Ezra ; an updated report was presented to the court by pltf's counsel as to the compliance or non-compliance by the State of Hawai'i to the consent decree the parties were ordered by the court to do the following: 1) the parties are to meet again to discuss and resolve the areas of non compliance as outlined by pltf; 2) submit another status report by 12/15/97( Ct Rptr : Debra Chun) JUDGE Judge David A. Ezra (wnn) Modified on 11/24/1997 (Entered: 11/24/1997)

Thirty-Third STATUS REPORT regarding defts' compliance with court's orders; attachment a; attachment b - by plaintiff USA (tbf) (Entered: 12/04/1997)

STATEMENT by defendant State of Hawaii re: joint status report pursuant to 11/18/97 order [parties intend to complete their discussions by the end of this week; hope plan to be submitted to the court by that time] (wnn) (Entered: 12/15/1997)

Thirty-Fourth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a (wnn) (Entered: 01/02/1998)

STATUS REPORT regarding defts' compliance with court's orders; attachment a - by plaintiff USA (tbf) (Entered: 02/03/1998)

EX PARTE MOTION to shorten time; declaration of Michael Chun; Order - as to pltf's m/appt of an independent expert, etc - set for 2/13/98 @ 9:00 a.m. DAE - by Judge David A. Ezra by plaintiff (tbf) (Entered: 02/11/1998)

NOTICE OF MOTION and motion by plaintiff for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs ; memorandum in support; attachments 1-8; certificate of service - set for 9:00 2/13/98 before Judge David A. Ezra (tbf) (Entered: 02/11/1998)

MEMORANDUM by defendant in opposition to motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79-1]; declaration of counsel; exhibit "a"; declaration of Howard R. Weiner, Ph.d.; exhibits "a"-"b"; declaration of Carol Matsuoka; exhibit "a"; certificate of service (tbf) (Entered: 02/13/1998)

STIPULATION and ORDER; attachments a - e - re non compliance of the court's orders - by Judge David A. Ezra : on behalf of USA (tbf) (Entered: 02/17/1998)

ORDER by Judge David A. Ezra denying the United States' motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79-1] - denied without prejudice (cc: all counsel) (tbf) (Entered: 02/17/1998)

EP :denying motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79-1] ( Ct Rptr : Yukie Ichikawa) JUDGE Judge David A. Ezra (tbf) (Entered: 02/17/1998)

DECLARATION by defendant of Ann V. Andreas; exhibit "a"; certificate of service (tbf) Modified on 02/27/1998 (Entered: 02/27/1998)

Thirty-Sixth STATUS REPORT by plaintiff United States regarding defts' compliance with court's orders; attachment a (fe) (Entered: 03/06/1998)

Thirty-Seventh STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 04/02/1998)

Thirty-eighth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (fe) (Entered: 05/04/1998)

Thirty-Ninth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 06/02/1998)

Thirty-Ninth STATUS REPORT re defts' compliance with court's orders; attachment a; attachment b - by plaintiff USA (tbf) (Entered: 06/19/1998)

Fourtieth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a; attachment b (wnn) (Entered: 07/01/1998)

Forty-First STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d; attachment e (fe) (Entered: 08/10/1998)

42nd STATUS REPORT re defts' compliance with court's orders; attachment a; attachment b - by plaintiff (tbf) (Entered: 09/01/1998)

Forty-Third STATUS report regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d - by plaintiff (tbf) (Entered: 10/02/1998)

TRANSCRIPT of proceedings for the following date(s): 9/16/91 - original - Terrence Chun (Re: ) (tbf)

Forty-Fourth STATUS REPORT by plaintiff USA regarding defendant's compliance with court's orders; attachment a; attachment b (sealed) (Entered: 11/03/1998)

Motion to Enter STIPULATION and ORDER regarding children and adolescent residential services - by Judge David A. Ezra - on behalf of pltf (fe) (Entered: 11/30/1998)

Forty-Fifth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 12/09/1998)

JOINT MOTION for status conference - referred to Judge David A. Ezra - on behalf of pltf & defts (fe) (Entered: 12/09/1998)

ORDER granting joint motion for status conference [97-1] - [ status conference set for 9:00 2/1/99 before Judge David A. Ezra ] - by Judge David A. Ezra (cc: all counsel) (fe) (Entered: 12/09/1998)

TRANSCRIPT of proceedings for the following date(s): 1/19/94 - original - Yukie Ichikawa (Re: ) (lyc)

TRANSCRIPT of proceedings for the following date(s): 2/13/98 - original - Yukie Ichikawa (Re: ) (lyc)

Forty-Sixth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c; attachment d; attachment e (wnn) (Entered: 12/30/1998)

EP : status conference held 2/1/99 ; oral report and recommendations made by the Verlin Derinwater for the government; the state of HI was mandated by the court to do the following: 1. the state of HI will assemble a compliance team of 5 members; the Dept of Health will appoint 3 members and the Dept of Justice will select the remaining two members; the goal of the team is to study, identify and seek a solution to each outstanding issues in compliance with federal law; the study will be completed and submitted to the court by 6/1/99; 2. pursuant to findings and recommendations of the compliance team, the state of HI will set in place programs to rectify these problems by 6/15/99; 3. if the state of HI fails or does not materially comply with the findings of the compliance team, the court will appoint a special master to run the Dept of Health pursuant to federal law; 4. the state of HI is ordered to submit to the court for public review the members of the compliance team by 3/15/99; further status conference set for 9:00 12/20/99 before Judge David A. Ezra ( Ct Rptr : Lisa Groulx) JUDGE Judge David A. Ezra (tbf) (Entered: 02/03/1999)

MOTION by plaintiff USA to enter order establishing compliance committee, reporting schedule, and setting status conference - before Judge David A. Ezra (tbf) (Entered: 02/18/1999)

REPORT on compliance committee; and certificate of service - by defendant (tbf) (Entered: 03/16/1999)

ORDER by Judge David A. Ezra establishing compliance committee, reporting schedule, and setting status conference - status conference set for 9:00 12/20/99 before Judge David A. Ezra (cc: all counsel) (tbf) (Entered: 03/19/1999)

Joint MOTION for extension of time for filing status report ; ORDER granting extension - [parties shall have until 07/02/99 to file status rpt] - by Judge David A. Ezra (fe) (Entered: 06/15/1999)

STATUS REPORT; exhibits 1 and 2 - by plaintiff USA (lmg) (Entered: 07/06/1999)

Defendant's STATUS Conference REPORT by defendant State of Hawaii; Appendices 1 and 2; Certificate of Service (3 Volumes) (gab) (Entered: 12/15/1999)

STATUS REPORT of the United States; attachements (sic) a-d - by plaintiff (lmg) (Entered: 12/23/1999)

EP : Status Report held; plaintiff's summary of findings of the State Hospital's compliance to the consent decree and defendant's response were presented to the court; pursuant to the reports submitted, the court orders the appointment of a special court monitor to oversee the operations of the Adult State Facility; in the event the defendant does not comply with the conditions of the consent decree within six months, the court will appoint a special master; the defendant have 10 days in which to file their response as to the duties of the special court monitor ( Ct Rptr : T.C.) JUDGE Judge David A. Ezra (lmg) (Entered: 12/27/1999)

RESPONSE by defendant to status report of the United States concerning powers of monitor; certificate of service [107-1], to [105-1] (tbf) (Entered: 01/04/2000)

PARTIAL TRANSCRIPT filed ( Ct Rptr Terrence Chun) taken on 12/20/99 (fe)

ORDER Setting powers of special monitor - by Judge David A. Ezra - [court appointed a special mointor to be in place within 30 days of December 20, 1999] (cc: all counsel) (lmg) (Entered: 01/10/2000)

MOTION by defendant Naleen N. Andrade, defendant Henry Foley, defendant John Lewin, defendant John Waihee, defendant State of Hawaii for reconsideration, or amendment of order setting powers of special monitor ; memorandum in support of motion for reconsideration, or amendment of powers of special monitor; certificate of service - reffered to Judge David A. Ezra (eps) (Entered: 01/21/2000)