Case: A.B. v. Hawaii State Department of Education

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2126863.), filed by A. B., T. T.. (Attachments: # 1 Civil Cover Sheet)(Caballero, Mateo) (Entered: 12/06/2018)

1 Civil Cover Sheet

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Summons (Proposed) (Caballero, Mateo) (Entered: 12/06/2018)

Summons (Proposed) (Caballero, Mateo) (Entered: 12/06/2018)

EX PARTE Motion for Order to File Reference List under Seal Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

MOTION for Pro Hac Vice - Jayma M. Meyer Filing fee $ 300, receipt number 0975-2126900.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

MOTION for Pro Hac Vice - Harrison J. Frahn IV Filing fee $ 300, receipt number 0975-2126910.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

MOTION for Pro Hac Vice - Elizabeth Kristen Filing fee $ 300, receipt number 0975-2126912.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

MOTION for Pro Hac Vice - Jeeyung Cacilia Kim Filing fee $ 300, receipt number 0975-2126913.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

MOTION for Pro Hac Vice - Kim Turner Filing fee $ 300, receipt number 0975-2126919.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 12/06/2018)

NOTICE of Case Assignment to U.S. DISTRICT JUDGE LESLIE E. KOBAYASHI and U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Please reflect Civil case number CV 18-00477-LEK-RLP on all further pleadings. (afc) (Entered: 12/06/2018)

Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 1/31/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/6/2018. (afc) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT. (Entered: 12/06/2018)

CLERK OF COURT'S MEMORANDUM re: Corporate Disclosure Statements. (afc) (Entered: 12/06/2018)

Summons Issued as to Hawaii State Department of Education. (afc) (Entered: 12/06/2018)

Summons Issued as to Oahu Interscholastic Association. (afc) (Entered: 12/06/2018)

CIVIL Waiver of Service Packet: (Attachments: NOTICE to Parties regarding service pursuant to Fed.R.Civ.P. 4 and: # 1 AO 398 form: Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 form: Waiver of the Service of Summons) (afc) (Entered: 12/06/2018)

ORDER Granting Plaintiffs' Ex Parte Motion For Order To File Reference List Under Seal re 4 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/6/2018. (cib, ) (Entered: 12/06/2018)

ORDER Granting The Applications Of Jayma M. Meyer, Harrison J. Frahn, IV, Elizabeth Kristen, Jeeyung Cacilia Kim and Kim Turner To Appear Pro Hac Vice re 5 6 7 8 9 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/10/2018. (cib, ) (Entered: 12/10/2018)

NOTICE of Appearance by John M. Cregor, Jr on behalf of Hawaii State Department of Education on behalf of Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 12/14/2018)

SUMMONS Returned Executed by A. B., T. T.. All Defendants. Oahu Interscholastic Association served on 12/7/2018. (Attachments: # 1 Certificate of Service)(Caballero, Mateo) Docket text modified on 12/26/2018 (emt, ). (Entered: 12/21/2018)

EO: The Clerk's Office is directed to reassign this case to another magistrate judge. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh) (Entered: 01/10/2019)

NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 18-00477-LEK-RT on all future pleadings. (cib, ) (Entered: 01/10/2019)

MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 Lyle S. Hosoda appearing for Defendant Oahu Interscholastic Association (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Hosoda, Lyle) (Entered: 01/18/2019)

1 Memorandum

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2 Certificate of Service

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NOTICE of Hearing on Motion 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 : Motion Hearing is set for 4/5/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) (Entered: 01/18/2019)

ANSWER to 1 Complaint by Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 01/18/2019)

REPORT of Planning Meeting . (Attachments: # 1 Exhibit 1)(Caballero, Mateo) (Entered: 01/22/2019)

NOTICE of Appearance by Jongwook Philip Kim on behalf of A. B., T. T. on behalf of A. B., T. T.. (Kim, Jongwook) (Entered: 01/22/2019)

INITIAL DISCLOSURE by Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 01/22/2019)

INITIAL DISCLOSURE by Oahu Interscholastic Association. (Hosoda, Lyle) (Entered: 01/22/2019)

CERTIFICATE OF SERVICE by A. B., T. T. Regarding Plaintiffs' First Set of Discovery Requests (Kim, Jongwook) (Entered: 01/23/2019)

CERTIFICATE OF SERVICE by A. B., T. T. Regarding Plaintiffs' Rule 26(a) Initial Disclosures (Kim, Jongwook) (Entered: 01/23/2019)

Scheduling Conference Statement . (Hosoda, Lyle) (Entered: 01/24/2019)

Scheduling Conference Statement for Plaintiffs. (Kim, Jongwook) (Entered: 01/24/2019)

Scheduling Conference Statement by Defendant Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 01/24/2019)

EP: Rule 16 Scheduling Conference-Discussion held.Non-Jury Trial is set for February 24, 2020 @ 9:00 a.m. before Judge Kobayashi.Court to issue a Rule 16 Scheduling Conference Order.Dates given: Non-Jury Trial is set for 2/24/2020 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 1/14/2020 at 09:00 AM in Chambers of Magistrate Judge Rom Trader before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 11/21/2019 at 11:00 AM in Chambers of Magistrate Judge Rom Trader before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 9/25/2019. Discovery due by 12/27/2019. Rule 16 Scheduling Conference held on 1/31/2019. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(rls, ) (Entered: 01/31/2019)

RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE ROM TRADER on 1/31/2019. (cib) (Entered: 01/31/2019)

CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Production to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle) (Entered: 03/01/2019)

CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Privilege Log Corresponding to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Production to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle) (Entered: 03/01/2019)

CERTIFICATE OF SERVICE by Oahu Interscholastic Association as to Defendant Oahu Interscholastic Association's Response to Plaintiffs' Request for Interrogatories to Defendant Oahu Interscholastic Association, Set One, dated January 16, 2019, dated March 1, 2019 (Hosoda, Lyle) (Entered: 03/01/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii State Department of Education's Response to Plaintiffs' Interrogatories to Defendant Hawaii State Department of Education] (Cregor, John) (Entered: 03/01/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii' State Department of Education's Response to Plaintiffs' Request for Production] (Cregor, John) (Entered: 03/01/2019)

STIPULATED Protective Order; Exhibit A. Signed by MAGISTRATE JUDGE ROM TRADER on 3/6/2019. (cib) (Entered: 03/07/2019)

MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration)(Caballero, Mateo) (Entered: 03/15/2019)

DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS 1 NOTICE OF OPPOSITION TO PLAINTIFFS MOTION TO APPEAR PRO HAC VICE FILED MARCH 15, 2019 [ECF 42] AND 2 REQUEST FOR A BRIEFING SCHEDULE NOTICE of by Hawaii State Department of Education re 42 MOTION for Pro Hac Vice for Wyatt A. Honse (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 03/15/2019)

MEMORANDUM in Opposition re 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by A. B., T. T.. (Kim, Jongwook) (Entered: 03/15/2019)

STATEMENT of No Opposition re 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 03/15/2019)

EO: On 3/15/19, Plaintiffs A.B., et al., ("Plaintiffs") filed a Motion for Pro Hac Vice for Wyatt A. Honse [ECF No. 42] ("Motion"). On that same day, Defendant Hawaii State Department of Education ("Defendant") filed a Notice of Opposition to Plaintiff's Motion to Appear Pro Hac Vice Filed 3/15/19 and Request for a Briefing Schedule [ECF No. 43]. Defendant's request for a briefing schedule is GRANTED. The opposition to the Motion is due on 3/27/19. The reply is due on 4/5/19. re 43 Notice (Other), 42 MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 03/18/2019)

REPLY re 44 Memorandum in Opposition to Motion, 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Oahu Interscholastic Association. (Hosoda, Lyle) (Entered: 03/22/2019)

NOTICE of Withdrawal of Opposition, Doc 43 by John M. Cregor, Jr on behalf of Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) Modified on 3/25/2019 to correct event and to link to the document that is being withdrawn. (apg, ). (Entered: 03/25/2019)

EO: On 3/25/19, Defendant Hawaii State Department of Education filed its "Notice of Withdrawal of Defendant Hawaii State Department of Education's 1 Notice of Opposition to Plaintiffs Motion to Appear Pro Hac Vice Filed March 15, 2019 [ECF 42] and 2 Request for a Briefing Schedule, Filed December 6, 2018 (ECF 22); Filed March 15, 2019 (ECF 43)" ("Withdrawal") [ECF No. 48]. Given Defendant's Withdrawal, the Court VACATES the briefing schedule granted on March 18, 2019 [ECF No. 46]. re 46 Link,, 42 MOTION for Pro Hac Vice for Wyatt A. Honse Filing fee $ 300, receipt number 0975-2172091.. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 03/29/2019)

ORDER Granting Motion To Appear Pro Hac Vice Wyatt A. Honse as to Plaintiffs A.B. and T.T. re 42 . Signed by MAGISTRATE JUDGE ROM TRADER on 4/1/2019. (cib) (Entered: 04/01/2019)

EP: Motion Hearing held on 4/5/2019 re 22 MOTION to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.'s Complaint for Declaratory and Injunctive Relief, filed herein on December 6, 2018 filed by Oahu Interscholastic Association ; denying 22 Motion to Dismiss; DOP=4/5/2019. (Court Reporter Debi Read.) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 04/05/2019)

Defendant Oahu Interscholastic Association's ANSWER to 1 Complaint for Declaratory and Injunctive Relief by Oahu Interscholastic Association.(Hosoda, Lyle) (Entered: 04/18/2019)

EO: Pursuant to Plaintiffs' counsels' request, a Status Conference re: Discovery Dispute is set for 4/22/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 04/19/2019)

EP: Status Conference re: Discovery Dispute - Mateo Caballero and Jongwook Kim present for Plaintiffs A.B. and T.T. John Cregor present for Defendant Hawaii State Department of Education. Lauren Nakamura present for Defendant Oahu Interscholastic Association.Discussion had concerning discovery. In open court, Mr. Cregor provided Plaintiffs with two CDs containing additional documents responsive to currently outstanding discovery requests. Mr. Cregor also anticipates additional documents to be provided within the next three weeks. The Court will stage discovery with the first phase involving documents and information relating to class certification. Counsel are directed to meet and confer within 10 days and formulate a joint discovery plan targeting class certification which will be due by 6/14/19. The Court sets a status conference for 6/19/19 at 9:00 a.m. Status Conference is set for 6/19/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 04/22/2019)

EO: Pursuant to Counsels' request, a Status Conference re: Discovery Dispute is set for 4/22/2019 02:15 PM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 04/22/2019)

EP: Status Conference re: Discovery Dispute - Mateo Caballero and Jongwook Kim present for Plaintiffs A.B. and T.T.John Cregor present for Defendant Hawaii State Department of Education.Lauren Nakamura present for Defendant Oahu Interscholastic Association.Discussion had re: whether or not the questions asked during the deposition were outside the scope of the class certification issue.Pursuant to Mr. Cregor's request, counsel to suspend the deposition.The court reporter will email the partial transcript to the CRM and chambers asap - no objection by Plaintiffs' counsel.A Status Conference is set for 4/23/19 @ 8:30 a.m. by telephone. Status Conference 3 is set for 4/23/2019 08:30 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 04/22/2019)

TRANSCRIPT of Proceedings held on 04-05-2019, before Judge Leslie E. Kobayashi. Court Reporter - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 5/13/2019. Redacted Transcript Deadline set for 5/21/2019. Release of Transcript Restriction set for 7/19/2019. (dr@, hid.uscourts.gov) (Entered: 04/23/2019)

EP: Status Conference re: Discovery Dispute - Kim Turner (Pro Hac Vice), Mateo Caballero and Jongwook Kim appearing by phone for Plaintiffs.John Cregor appearing by phone for Defendant (Hawaii DOE).Lyle Hosoda and Lauren Nakamura for Defendant (OIA).Discussion had concerning proffers and objections relating to the scope of deposition questions posed to Nicole Isa-Iijima on 4/22/19. The Court has reviewed the draft partial transcript of 4/22/19 of said deposition which is hereby made part of the record. The Court reaffirms its prior oral ruling at the Status Conference held on 4/21/19 that discovery is to proceed on a bifurcated basis with the initial phase limited to class certification only. Given the purported class alleged in the Complaint [Docket #1] as confirmed by Plaintiffs' counsel on record and the fundamental principles which guide the tailoring of discovery to the specific needs of the case after considering factors such as, relevance, scope, issues involved and the need for the information sought at this pre-certification stage of the proceedings, the Court limits the questioning of deponent Nicole Isa-Iijima, as well as, other deponents under Rules 30(b)(1) and 30(b)(6) to matters relating to class certification only. This limitation shall continue until further order by this Court or the agreement of counsel. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) Modified on 4/24/2019 (tbf, ). (Entered: 04/24/2019)

EP: Status Conference re: Discovery Dispute - (AMENDED)Kim Turner (Pro Hac Vice), Mateo Caballero and Jongwook Kim appearing by phone for Plaintiffs.John Cregor appearing by phone for Defendant (Hawaii DOE).Lyle Hosoda and Lauren Nakamura for Defendant (OIA).Discussion had concerning proffers and objections relating to the scope of deposition questions posed to Nicole Isa-Iijima on 4/22/19. The Court has reviewed the rough draft of the partial transcript of 4/22/19 of said deposition which is not filed as part of the record. The Court reaffirms its prior oral ruling at the Status Conference held on 4/21/19 that discovery is to proceed on a bifurcated basis with the initial phase limited to class certification only. Given the purported class alleged in the Complaint [Docket #1] as confirmed by Plaintiffs' counsel on record and the fundamental principles which guide the tailoring of discovery to the specific needs of the case after considering factors such as, relevance, scope, issues involved and the need for the information sought at this pre-certification stage of the proceedings, the Court limits the questioning of deponent Nicole Isa-Iijima, as well as, other deponents under Rules 30(b)(1) and 30(b)(6) to matters relating to class certification only. This limitation shall continue until further order by this Court or the agreement of counsel.Status Conference held on 4/23/2019. (Court Reporter FTR C7.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 05/21/2019)

MOTION to Certify Class Mateo Caballero appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of A.B., # 3 Declaration of C.B., # 4 Declaration of D.B., # 5 Declaration of T.T., # 6 Declaration of K.T., # 7 Declaration of S.T., # 8 Declaration of Elizabeth Kristen, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Exhibit L, # 21 Exhibit M, # 22 Exhibit N, # 23 Exhibit O, # 24 Exhibit P, # 25 Exhibit Q, # 26 Exhibit R, # 27 Exhibit S, # 28 Exhibit T, # 29 Certificate of Service)(Caballero, Mateo) Modified on 6/29/2022 (afe). (Entered: 05/03/2019)

1 Memorandum in Support of Motion

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2 Declaration of A.B.

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3 Declaration of C.B.

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4 Declaration of D.B.

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5 Declaration of T.T.

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6 Declaration of K.T.

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7 Declaration of S.T.

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8 Declaration of Elizabeth Kristen

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9 Exhibit A

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10 Exhibit B

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11 Exhibit C

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12 Exhibit D

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13 Exhibit E

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14 Exhibit F

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15 Exhibit G

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16 Exhibit H

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17 Exhibit I

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18 Exhibit J

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19 Exhibit K

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20 Exhibit L

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21 Exhibit M

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22 Exhibit N

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23 Exhibit O

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24 Exhibit P

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25 Exhibit Q

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26 Exhibit R

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27 Exhibit S

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28 Exhibit T

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29 Certificate of Service

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NOTICE of Hearing on Motion 59 MOTION to Certify Class : Motion Hearing is set for 7/5/2019 at 09:45 AM in Chambers of Judge Leslie E. Kobayashi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) (Entered: 05/06/2019)

EO: The Court schedules a Status Conference for 5/14/2019 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 05/06/2019)

AMENDED NOTICE of Hearing on Motion 59 MOTION to Certify Class : Motion Hearing set for 7/5/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) (Entered: 05/07/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Defendant Hawaii State Department of Education's First Request for Production of Documents and Things to Plaintiff A.B.] (Cregor, John) (Entered: 05/10/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Hawaii State Department of Education's First Request for Answers to Interrogatories to Plaintiff A.B.] (Cregor, John) (Entered: 05/10/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Defendant Hawaii State Department of Education's First Request for Answers to Interrogatories to Plaintiff T.T.] (Cregor, John) (Entered: 05/10/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Certificate of Service to Hawaii State Department of Education's First Request for Production of Documents to Plaintiff T.T.] (Cregor, John) (Entered: 05/10/2019)

EO: Kim Turner is allowed to appear by telephone at the Status Conference set for 5/14/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 05/13/2019)

EP: Status Conference - Discussion held re: the motion for class certification currently set for 7/5/19 before Judge Kobayashi and discovery matters.Plaintiffs' counsel informed the Court they are planning to file a motion to amend complaint to add an additional plaintiff.Given the defendants' concerns, and comments by plaintiffs, it is clear that the 7/5/19 hearing date is probably not workable.A Status Conference is currently set for 6/19/19, and the Court will try to assist the parties with discovery issues.Court will confer with Judge Kobayashi and inform her that it is anticipated that a motion to amend will be filed, it will be scheduled as quickly as possible, and that the discovery issues need to be resolved. This Court will recommend to Judge Kobayashi that the hearing on the motion for class certification be continued.Ms. Turner requests that if the motion for class certification is continued, deadlines be continued as well. To the extent a continuance has an impact on those deadlines, parties may request the Court to address those deadlines.Status Conference #2 held on 5/14/2019. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 05/14/2019)

MOTION for Leave to File First Amended Complaint Jongwook Philip Kim appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Memorandum in support of Motion, # 2 Exhibit A - Proposed First Amended Complaint, # 3 Exhibit B - Redlined Proposed First Amended Complaint, # 4 Certificate of Service)(Kim, Jongwook) (Entered: 05/16/2019)

EX PARTE Motion for Order to File First Amended Reference List Under Seal Jongwook Philip Kim appearing for Plaintiffs A. B., T. T. (Attachments: # 1 Declaration in support of Motion)(Kim, Jongwook) (Entered: 05/16/2019)

1 Declaration in support of Motion

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EX PARTE ORDER Granting Plaintiffs' Ex Parte Motion For Order To File First Amended Reference List Under Seal re 70 . Signed by MAGISTRATE JUDGE ROM TRADER on 5/17/2019. (cib) (Entered: 05/17/2019)

First Amended Reference List (L.R. 100.10.2) filed by A. B., T. T.**Document Sealed** . (cib) (Entered: 06/05/2019)

NOTICE of Hearing on Motion 69 MOTION for Leave to File First Amended Complaint : Motion Hearing is set for 6/19/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (tbf, ) (Entered: 05/20/2019)

EO: COURT ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. 59 MOTION to Certify Class . Motion Hearing set for 7/5/2019 is continued to 9/20/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 05/23/2019)

ORDER Denying Defendant Oahu Interscholastic Association's Motion To Dismiss Complaint re 22 . On the basis of the foregoing, the OIAs January 18, 2019 Motion to Dismiss Plaintiffs A.B., by her parents and next friends, C.B. and D.B., and T.T., by her parents and next friends, K.T. and S.T.s Complaint for Declaratory andInjunctive Relief, Filed December 6, 2018, is HEREBY DENIED.In light of Plaintiffs Motion for Leave to File First Amended Complaint (Motion to Amend), [filed 5/16/19 (dkt. no. 69),] it is not necessary for the OIA to file its answer to the Complaint at this time. If the Motion to Amend is denied, the OIA is ORDERED to file its answer to the Complaint within twenty days after the magistrate judge issues the order denying the Motion to Amend. If the Motion to Amend is granted and Plaintiffs file an amended complaint, the answers to the amended complaint will be due in the normal course. Signed by JUDGE LESLIE E. KOBAYASHI on 5/24/2019. (cib) (Entered: 05/24/2019)

STATEMENT of No Position re 69 MOTION for Leave to File First Amended Complaint filed by Oahu Interscholastic Association. (Hosoda, Lyle) (Entered: 05/29/2019)

MEMORANDUM in Opposition re 69 MOTION for Leave to File First Amended Complaint [Defendant Dept of Education's Memorandum in Limited Opposition to Plaintiffs' Motion for Leave to File First Amended Complaint] filed by Hawaii State Department of Education. (Attachments: # 1 Certificate of Service)(Cregor, John) (Entered: 05/29/2019)

REPLY re 69 MOTION for Leave to File First Amended Complaint filed by A. B., T. T.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Caballero, Mateo) (Entered: 06/05/2019)

STATUS REPORT re Joint Discovery Plan by A. B., T. T.. (Caballero, Mateo) (Entered: 06/14/2019)

CERTIFICATE OF SERVICE by A. B., T. T. PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS (Kim, Jongwook) (Entered: 06/17/2019)

CERTIFICATE OF SERVICE by A. B., T. T. PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATIONS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES (Kim, Jongwook) (Entered: 06/17/2019)

CERTIFICATE OF SERVICE by A. B., T. T. DECLARATIONS OF A.B. AND T.T. IN REGARDS TO PLAINTIFF A.B. AND T.T.S OBJECTIONS AND RESPONSES TO DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATION'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES (Kim, Jongwook) (Entered: 06/17/2019)

EO: Kim Turner is allowed to appear by telephone at Plaintiffs' Motion for Leave to File First Amended Complaint set for 6/19/19 @ 9:00 a.m. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 06/18/2019)

CERTIFICATE OF SERVICE by Hawaii State Department of Education [Defendant Hawaii State Department of Education's Response to Plaintiffs' Request for Additional Discovery] (Cregor, John) (Entered: 06/18/2019)

EP: Plaintiffs' Motion for Leave to File First Amended Complaint 69 and Status Conference-Discussion held.Court takes judicial notice of the records and files, as well as the operative legal authority, will adopt the arguments and authority relied on by the Plaintiffs, except for the characterization of the DOEs responses or position statement thus far. The Court will grant Plaintiffs' Motion for Leave to File First Amended Complaint based upon Rule 15(a)(2) that the overarching principle for the Court's review of these types of requests is to be freely and liberally granted.Plaintiffs to file the first amended complaint in short order within 7 days.Further discussion held.Parties agree that the defendants have 35 days to file an answer or responsive pleading.Court directs that an answer or responsive pleading by filed by 7/24/19.Mr. Caballero to prepare the appropriate order incorporating the specific deadline and reserving plaintiffs' caveats previously mentioned within 7 days.Discussion held re: discovery and deadlines.Non Jury Trial set for 2/24/20 @ 9:00 a.m. before Judge Kobayashi is continued to 10/26/20 @ 9:00 a.m. All deadlines will be extended.Court to issue an Amended Rule 16 Scheduling Conference Order.Dates given: Discovery due by 8/28/2020. Dispositive Motions filed by 5/27/2020. Non-Jury Trial is set for 10/26/2020 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 9/15/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 7/16/2020 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Court to include in the last paragraph of the Rule 16 Scheduling Order: The last certification of discovery to be completed by 9/6/19, and thereafter subject to either agreement of the parties or order of the Court, discovery as to the merits would be permitted. granting 69 Motion for Leave to File; Motion Hearing held on 6/19/2019 re 69 MOTION for Leave to File First Amended Complaint filed by T. T., A. B.. (Court Reporter FTR C5.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 06/19/2019)

AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 6/19/2019. (emt, ) (Entered: 06/19/2019)

AMENDED COMPLAINT against All Defendants, filed by A. B., T. T., A. M. B..(Kim, Jongwook) (Entered: 06/20/2019)

ORDER Granting Plaintiffs' Motion For Leave To File First Amended Complaint re 69 . Signed by MAGISTRATE JUDGE ROM TRADER on 6/20/2019. (cib) (Entered: 06/21/2019)

CERTIFICATE OF SERVICE by A. M. B., A. B., T. T. re 88 Amended Complaint (Kim, Jongwook) (Entered: 06/21/2019)

ANSWER to 88 Amended Complaint by Oahu Interscholastic Association.(Hosoda, Lyle) (Entered: 07/24/2019)

MOTION to Dismiss for failure to State a Claim John M. Cregor, Jr appearing for Defendant Hawaii State Department of Education (Attachments: # 1 Memorandum in Support of Motion, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Certificate of Service)(Cregor, John) (Entered: 07/24/2019)

1 Memorandum in Support of Motion

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2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Appendix D

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6 Certificate of Service

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NOTICE of Hearing on Motion 92 MOTION to Dismiss for failure to State a Claim. Motion Hearing date has been set for 9/20/2019 at 9:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (tl, ) (Entered: 07/25/2019)

EO: COURT ORDER REGARDING DEFENDANT HAWAII STATE DEPARTMENT OF EDUCATION'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (ECF NO. 88). (JUDGE LESLIE E. KOBAYASHI)(tl, ) (Entered: 08/02/2019)

RESPONSE re 94 Link [Response of Defendant Hawaii State Department of Education and Attorney General in an Order Regarding Defendant Hawaii State Department of Education's Motion to Dismiss Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief] filed by Hawaii State Department of Education. (Attachments: # 1 Declaration of John M. Cregor, Jr., # 2 Certificate of Service)(Connors, Clare) (Entered: 08/15/2019)

1 Declaration of John M. Cregor, Jr.

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2 Certificate of Service

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RESONSE re 94 Link filed by A. M. B., A. B., T. T.. (Attachments: # 1 Declaration of Mateo Caballero, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Service)(Caballero, Mateo) Modified docket text on 8/22/2019 (cib). (Entered: 08/21/2019)

1 Declaration of Mateo Caballero

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Certificate of Service

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MOTION for Leave to File Second Amended Complaint Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., T. T. (Attachments: # 1 Memorandum, # 2 Exhibit A - Proposed Second Amended Complaint, # 3 Exhibit B - Redlined Proposed Second Amended Complaint, # 4 Certificate of Service)(Kim, Jongwook) (Entered: 08/21/2019)

1 Memorandum

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2 Exhibit A - Proposed Second Amended Complaint

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3 Exhibit B - Redlined Proposed Second Amended Complaint

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4 Certificate of Service

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EX PARTE Motion for Order to File Second Amended Reference List Under Seal Jongwook Philip Kim appearing for Plaintiffs A. M. B., A. B., T. T. (Attachments: # 1 Declaration in support of Motion)(Kim, Jongwook) (Entered: 08/21/2019)

1 Declaration in support of Motion

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Declaration re 59 MOTION to Certify Class Declaration of A.M.B.. (Attachments: # 1 Certificate of Service)(Kim, Jongwook) (Entered: 08/21/2019)

1 Certificate of Service

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Declaration re 59 MOTION to Certify Class Declaration of A.P.. (Attachments: # 1 Certificate of Service)(Kim, Jongwook) (Entered: 08/21/2019)

1 Certificate of Service

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