Case: Hawaii Disability Rights Center v. Kishimoto

Hawai`i Disability Rights Center v. Kishimoto

Hawai`i Disability Rights Center v. Kishimoto

Hawai`i Disability Rights Center v. Kishimoto

Hawai`i Disability Rights Center v. Kishimoto

Hawai`i Disability Rights Center v. Kishimoto

COMPLAINT against All Defendants (Filing fee $ 400.), filed by Hawai`i Disability Rights Center.(Osika, Maile) (Entered: 11/28/2018)

Payment of Fees

CIVIL Cover Sheet by Hawai`i Disability Rights Center. (Osika, Maile) (Entered: 11/28/2018)

Summons (Proposed) (Osika, Maile) (Entered: 11/28/2018)

NOTICE of Case Assignment: Please reflect Civil case number CV 18-00465 LEK-RLP on all further pleadings. (emt, ) (Entered: 11/28/2018)

Summons Issued as to All Defendants. (emt, ) (Entered: 11/28/2018)

Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 1/28/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/28/2018. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, ) (Entered: 11/28/2018)

1 Memo from Clerk Re: Corporate Disclosure Statements

View on PACER

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, # 2 AO 399 Waiver of Service of Summons) (emt, ) (Entered: 11/28/2018)

MOTION for Preliminary Injunction Maile Osika appearing for Plaintiff Hawai`i Disability Rights Center (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Maile Osika, # 3 Exhibit "1" - Egan Order, # 4 Exhibit "2" - EPSDT Memo, # 5 Exhibit "3" - DHS May 31 Memo, # 6 Exhibit "4" - DOE Jan. 5 Memo, # 7 Exhibit "5" - DOE Feb. 13 Memo, # 8 Exhibit "6" - DOE HUIPA, # 9 Exhibit "7" - DHS HUIPA, # 10 Exhibit "8" - DOE March 21 Letter, # 11 Exhibit "9" - DHS HUIPA Resp, # 12 Exhibit "10" - DOE HUIPA Resp, # 13 Exhibit "11" - DOE Apr. 4 Testimony, # 14 Exhibit "12" - HSTA Apr. 4 Testimony, # 15 Exhibit "13" - SCR No. 81, # 16 Exhibit "14" - Act 205, # 17 Exhibit "15" - US DOE Report, # 18 Exhibit "16" - Article Mar. 28, # 19 Exhibit "17" - Article Feb. 26, # 20 Exhibit "18" - Article Aug. 19, # 21 Exhibit "19" - CMS Memo, # 22 Exhibit "20" - Nat'l Council on Disability Report, # 23 Exhibit "21" - Law Review Article 2016, # 24 Exhibit "22" - BACB Practice Guideline, # 25 Declaration of Louis Erteschik, # 26 Declaration of Amanda Kelly, PhD, BCBA-D, LBA, # 27 Exhibit "1" - July 2017 emails, # 28 Exhibit "2" - Oct. 2017 email, # 29 Declaration of Naomi Tachera, # 30 Declaration of Jeanette White, # 31 Exhibit "1" - Aug. 2017 Letter, # 32 Exhibit "2" - Oct. 2017 Letter, # 33 Declaration of Maile Rogers, # 34 Declaration of Maureen McComas, # 35 Declaration of Alison Villiarimo, # 36 Declaration of Christine Cosio, # 37 Exhibit "A" - Sept. 2018 Emails, # 38 Declaration of Sheryl Cunningham, # 39 Certificate of Service)(Osika, Maile) (Entered: 11/28/2018)

1

View on RECAP

NOTICE of Hearing on Motion 8 MOTION for Preliminary Injunction : Motion Hearing is set for 1/8/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) (Entered: 11/28/2018)

PAYMENT of Fees - Payment for Complaint re 1 Complaint Filing fee $ 400, receipt number 0975-2123369.. (Osika, Maile)

SUMMONS Returned Executed by Hawai`i Disability Rights Center. Christina Kishimoto. (Osika, Maile) (Entered: 11/29/2018)

SUMMONS Returned Executed by Hawai`i Disability Rights Center. Pankaj Bhanot. (Osika, Maile) (Entered: 11/29/2018)

EO: To assist the parties in resolving discovery issues prior to the Preliminary Injunction Hearing set for 1/8/2019, the Court DIRECTS the parties to submit letter briefs addressing discovery issues related to the upcoming hearing as follows: Plaintiff shall submit its brief, five pages or less, inclusive of all exhibits. no later than 4:00 p.m. on 12/14/2018; Defendants shall submit their letter brief, five pages or less, inclusive of all exhibits, no later than 2:00 p.m. on 12/17/2018; Plaintiff may submit a reply, three pages or less, no later than 12:00 p.m. on 12/18/2018. The letter briefs shall be copied to all counsel and submitted by email to puglisi_orders@hid.uscourts.gov. Discovery issues that are unrelated to the upcoming hearing will not be addressed at this time. After the Court reviews the parties' letter briefs, the Court will issue a written order or set a discovery conference as appropriate. Plaintiff shall serve a copy of this EO on Defendants upon receipt. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) (Entered: 12/14/2018)

EO: Status Conference is set for 12/27/2018 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 12/14/2018)

ORDER Regarding Discovery Letter Briefs - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/18/2018. (cib, ) (Entered: 12/18/2018)

MEMORANDUM in Opposition re 8 MOTION for Preliminary Injunction filed by Pankaj Bhanot, Christina Kishimoto. (Attachments: # 1 Declaration of Judy Mohr Peterson, # 2 Declaration of Yvonne Humble, # 3 Declaration of Annie Kalama, # 4 Exhibit A to Dec of Annie Kalma, # 5 Exhibit B to Dec of Yvonne Humble, # 6 Certificate of Service)(Cruz, Skyler) (Entered: 12/18/2018)

MOTION for Leave to File Unredacted Versions of Declarations of Peterson and Kalama, Skyler G. Cruz appearing for Defendants Pankaj Bhanot, Christina Kishimoto (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 12/18/2018)

Defendants Christina Kishimoto and Pankaj Bhanot's ANSWER to 1 Complaint Filed on November 28, 2018 by Pankaj Bhanot, Christina Kishimoto. (Attachments: # 1 Certificate of Service)(Akamine, Ryan) (Entered: 12/19/2018)

EO: The Court has reviewed 17 Defendants' Motion for Leave to File Unredacted Versions of the Declaration of Judy Mohr Peterson and the Declaration of Annie Kalama Under Seal and finds good cause to seal the documents at issue. The Clerk's Office is directed to place under seal the unredacted versions of the Declarations of Judy Mohr Peterson and the Declaration of Annie Kalama filed in support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. The redacted copies already on the docket, see ECF Nos. 16-1 and 16-3, shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) (Entered: 12/20/2018)

SEALED Declaration of Judy Mohr Peterson filed by Pankaj Bhanot, Christina Kishimoto. (cib, ) (Entered: 12/21/2018)

SEALED Declaration of Annie Kalama filed by Pankaj Bhanot, Christina Kishimoto. (cib, ) (Entered: 12/21/2018)

REPLY re 8 MOTION for Preliminary Injunction filed by Hawai`i Disability Rights Center. (Attachments: # 1 Declaration Supplemental Declaration of Maile Osika, # 2 Exhibit "1" - Email from Kristin Holland to Skyler Cruz dated 12/19/18, # 3 Exhibit "2" - Memo from Kathryn Matayoshi to Grant Chun dated 11/17/15, # 4 Exhibit "3" - DOE Parent Consent form, # 5 Exhibit "4" - S.B. No. 1394, # 6 Declaration Supplemental Declaration of Amanda Kelly, # 7 Exhibit "1" - Notice from Jason Glikas, # 8 Declaration Supplemental Declaration of Alison Villiarimo, # 9 Exhibit "1" - Email from Alison Villiarimo dated 11/14/16, # 10 Exhibit "2" - Email from Alison Villiarimo dated 1/12/17, # 11 Certificate of Word Count, # 12 Certificate of Service)(Osika, Maile) (Entered: 12/21/2018)

1 Declaration Supplemental Declaration of Maile Osika

View on PACER

2 Exhibit "1" - Email from Kristin Holland to Skyler Cruz dated 12/19/18

View on PACER

3 Exhibit "2" - Memo from Kathryn Matayoshi to Grant Chun dated 11/17/15

View on PACER

4 Exhibit "3" - DOE Parent Consent form

View on PACER

5 Exhibit "4" - S.B. No. 1394

View on PACER

6 Declaration Supplemental Declaration of Amanda Kelly

View on PACER

7 Exhibit "1" - Notice from Jason Glikas

View on PACER

8 Declaration Supplemental Declaration of Alison Villiarimo

View on PACER

9 Exhibit "1" - Email from Alison Villiarimo dated 11/14/16

View on PACER

10 Exhibit "2" - Email from Alison Villiarimo dated 1/12/17

View on PACER

11 Certificate of Word Count

View on PACER

12 Certificate of Service

View on PACER

EP: Status Conference held on 12/27/2018. Hearing on Motion for Preliminary Injunction currently set for 1/8/2019 at 9:45 AM before Judge Leslie E. Kobayashi is hereby Vacated. (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 12/27/2018)

EO: COURT ORDER REGARDING EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 12/27/2018)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Production of Documents to Christina Kishimoto, in her Official Capacity as Superintendent of the State of Hawaii, Department of Education; Exhibit "A"] (Osika, Maile) (Entered: 01/07/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Production of Documents to Defendant Pankaj Bhanot, in his Official Capacity as Director of the State of Hawaii, Department of Human Services; Exhibit "A"] (Osika, Maile) (Entered: 01/07/2019)

Letter Brief addressed to Judge Leslie E. Kobayashi from Maile Osika, Counsel for Plaintiff, dated 1/8/2019 re: Plaintiff's Witnesses and Exhibits for Evidentiary Hearing 24 . (cib, ) (Entered: 01/14/2019)

Letter Brief addressed to Judge Leslie E. Kobayashi from Skyler G. Cruz, Counsel for Defendants, dated on 1/15/2019 re: Evidentiary hearing on Plaintiff Hawaii Disability Rights Center's Motion For Preliminary Injunction re 24 . (cib, ) (Entered: 01/16/2019)

STIPULATED PROTECTIVE ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 1/17/2019. (cib) (Entered: 01/17/2019)

EO: COURT ORDER DIRECTING PARTIES TO SCHEDULE STATUS CONFERENCE. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 01/17/2019)

REPORT of Planning Meeting . (Attachments: # 1 Certificate of Service)(Osika, Maile) (Entered: 01/18/2019)

1 Certificate of Service

View on PACER

Scheduling Conference Statement . (Attachments: # 1 Certificate of Service)(Osika, Maile) (Entered: 01/18/2019)

1 Certificate of Service

View on PACER

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff Hawaii Disability Rights Center's Initial Disclosures] (Osika, Maile) (Entered: 01/18/2019)

Scheduling Conference Statement . (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 01/18/2019)

1 Certificate of Service

View on PACER

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto Re Defendants Christine Kishimoto And Pankaj Bhanot's Initial Disclosures (Cruz, Skyler) (Entered: 01/18/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit "A" - Designated Representative of the State of Hawaii, Department of Education] (Osika, Maile) (Entered: 01/18/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit "A" - Designated Representative of the State of Hawaii, Department of Human Services] (Osika, Maile) (Entered: 01/18/2019)

EP: Rule 16 Scheduling Conference held on 1/28/2019. Rule 16 Scheduling Conference Order to be issued. Non-Jury Trial is set for 4/6/2020 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 2/25/2020 at 09:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Settlement Conference is set for 1/15/2020 at 10:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Settlement Conference statements by 1/08/2020. Dispositive Motions filed by 11/6/2019. Discovery due by 2/7/2020. (Court Reporter In chambers - not reported. 9:30 a.m. - 9:40 a.m.) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) (Entered: 01/28/2019)

RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 1/28/2019. (cib) (Entered: 01/29/2019)

ORDER Setting Settlement Conference. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 1/28/2019. (cib) (Entered: 01/29/2019)

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto [Re: Defendant Christina Kishimoto's Response To Plaintiff's First Request For Production Of Documents To Christina Kishimoto, In Her Official Capacity As Superintendent Of The State of Hawaii, Department of Education (Akamine, Ryan) (Entered: 02/06/2019)

CERTIFICATE OF SERVICE by Pankaj Bhanot Response to Plaintiff's First Request For Production of Documents (Cruz, Skyler) (Entered: 02/06/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center RE: Plaintiff's First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit A [Designated Representative of the State of Hawaii, Department of Education] (Osika, Maile) (Entered: 02/12/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center RE: Plaintiff's First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit A [Designated Representative of the State of Hawaii, Department of Human Services] (Osika, Maile) (Entered: 02/12/2019)

EO: Status Conference is set for 3/8/2019 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 02/26/2019)

EP: Status Conference held on 3/8/2019. 8 Motion for Preliminary Injunction denied without prejudice to re-filing; (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 03/08/2019)

EO: The parties submitted discovery letter briefs to the Court on March 1, 2019. No later than close of business March 11, 2019, Defendants shall provide to the Court a copy of the documents at issue for in camera review. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh) (Entered: 03/08/2019)

EO: COURT ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. re 8 MOTION for Preliminary Injunction . (JUDGE LESLIE E. KOBAYASHI)(wnn, ) (Entered: 03/11/2019)

ORDER Regarding Discovery Letter Briefs. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/12/2019. (cib) (Entered: 03/12/2019)

TRANSCRIPT of STATUS CONFERENCE Proceedings held on 03-08-2019, before Judge Leslie E. Kobayashi. Court Reporter - Debi Read, Telephone number - 8085412062, Email Address - readit3949@gmail.com. PP. - 20 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 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (dr@, hid.uscourts.gov) (Entered: 03/16/2019)

CERTIFICATE OF SERVICE by Christina Kishimoto re: Pltf's 1st request for POD (Cruz, Skyler) (Entered: 03/22/2019)

CERTIFICATE OF SERVICE by Christina Kishimoto Re Defendant Christina Kishimoto's Second Supplemental Response to Plaintiff's First Request for Production of Documents (Cruz, Skyler) (Entered: 04/09/2019)

ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 18-00465LEK-WRP on all further pleadings, effective 5/13/2019 ). Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 05/08/19. (apg, ) (Entered: 05/10/2019)

CERTIFICATE OF SERVICE by Christina Kishimoto Re: Defendant Christina Kishimoto's Third Supplemental Response to Plaintiff's First Request for Production of Documents (Akamine, Ryan) (Entered: 05/24/2019)

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto Certificate of Service Re: Defendant Christina Kishimoto's Fourth Supplemental Response to Plantiff's First Request for Production of Documents to Christina Kishimoto, in her official capacity as Superintendent of the State of Hawaii, Department of Education; Exhibit A (Cruz, Skyler) (Entered: 06/13/2019)

EO: The parties have informed the Court that they have agreed to submit letter briefs on 8/19/2019 seeking expedited discovery assistance. The parties are reminded that their submissions must comply with the requirements set forth in Local Rule 37.1(c). After the Court reviews the letter briefs, the Court with set a discovery conference or issue an order as appropriate. (MAGISTRATE JUDGE WES REBER PORTER) (agh) (Entered: 08/13/2019)

EO: A Discovery Hearing regarding the parties' discovery letter briefs is set for 9/6/2019 at 10:00 a.m. in Courtroom 7 before Magistrate Judge Wes Reber Porter. Because the letter briefs address discovery of electronically stored information (ESI), the parties are required to have in attendance at the Discovery Hearing their information technology specialists or litigation support staff responsible for electronic discovery. No later than 8/22/2019, Defendants shall submit to the Court, copied to Plaintiff, their privilege log. No later than 8/29/2019, Plaintiff shall submit a supplemental statement to the Court, copied to Defendants, identifying by line number or Bates number range the specific documents on Defendants' privilege log that Plaintiff disputes the claim of privilege. (MAGISTRATE JUDGE WES REBER PORTER)(agh) (Entered: 08/20/2019)

EO: No later than 4:00 p.m. on Tuesday, September 3, 2019, Defendants shall produce to the Court for in camera review copies of the documents in complete and unredacted form that Plaintiff has identified in its supplemental statement to the Court listing the specific documents on Defendants' privilege log that Plaintiff disputes the claim of privilege. (MAGISTRATE JUDGE WES REBER PORTER)(agh) (Entered: 08/30/2019)

NOTICE of Appearance by Madisson Leigh Heinze on behalf of Hawai`i Disability Rights Center on behalf of Hawai`i Disability Rights Center. (Heinze, Madisson) (Entered: 09/04/2019)

EP: Discovery Hearing held on 9/6/2019 regarding letter briefs requesting expedited discovery assistance. Discussion held. Court to issue order. (Court Reporter FTR - C7. 10:10 a.m. - 11:11 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) (Entered: 09/06/2019)

ORDER As To Discovery Letter Briefs. Plaintiff' s request to compel Defendants to immediately produce discovery is DENIED. Plaintiff's request to compel Defendants to produce load files containing metadata is DENIED. Plaintiff's request for native format production of.xls files is GRANTED as detailed above. The Court will issue a further order about the 97 documents produced in camera review. A further Discovery Conference is set for October 8, 2019, at 11:00 a.m. in Courtroom 7. Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/9/2019. (cib) (Entered: 09/09/2019)

EO: COURT ORDER DIRECTING FURTHER BRIEFING. No later than 9/23/2019, Defendants shall submit a supplemental statement to the Court, copied to Plaintiff, that addresses four issues related to the Court's in camera review. No later than 9/30/2019, Plaintiff may submit a responsive supplemental statement to the Court, copied to Defendants, addressing the same issues. Please refer to the attached Minute Order for further details. (MAGISTRATE JUDGE WES REBER PORTER)(agh) (Entered: 09/13/2019)

SECOND ORDER AS TO AUGUST 19, 2019 DISCOVERY LETTER BRIEFS - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/4/2019. (emt, ) (Entered: 10/04/2019)

CERTIFICATE OF SERVICE by Christina Kishimoto Re Defendant Christina Kishimoto's Fifth Supplemental Response to Plaintiff's First Request for Production of Documents (Cruz, Skyler) (Entered: 10/07/2019)

Expert Witness Disclosure. filed by Hawai`i Disability Rights Center. (Attachments: # 1 Exhibit A - Expert Report of Linda Copeland, MD., B.C.B.A., # 2 Exhibit B - Expert Report of Eric V. Larsson, PhD., LP, BCBA-D)(Osika, Maile) (Entered: 10/07/2019)

EP: Discovery Conference held on 10/8/2019. (Court Reporter FTR - C7. 11:00 a.m. - 11:27 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) (Entered: 10/08/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Answers to Interrogatories to Defendant Pankaj Bhanot, in his Official Capacity as Director of the State of Hawaii Department of Human Services] (Osika, Maile) (Entered: 10/11/2019)

CERTIFICATE OF SERVICE by Hawai`i Disability Rights Center [Re: Plaintiff's First Request for Answers to Interrogatories to Christina Kishimoto, in her Official Capacity as Superintendent of the State of Hawaii, Department of Education] (Osika, Maile) (Entered: 10/11/2019)

STIPULATION TO MODIFY RULE 16 SCHEDULING ORDER [DKT. 39 ] - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/25/2019. The Court will issue an Amended Rule 16 Scheduling Order continuing the trial date and all unexpired deadlines for approximately six months. (jo) (Entered: 10/25/2019)

EO: Based on the Stipulation to Modify Rule 16 Scheduling Order, the Court will issue an Amended Rule 16 Scheduling Conference. Non-Jury Trial is set for 10/19/2020 at 9:00 AM in Aha Nonoi before Judge Leslie E. Kobayashi. Final Pretrial Conference is set for 9/8/2020 at 10:00 AM in the Chambers of Magistrate Wes Reber Porter. Settlement Conference is set for 6/4/2020 at 10:00 AM in the Chambers of Magistrate Wes Reber Porter. Settlement Conference statements by 5/28/2020. Dispositive Motions filed by 5/20/2020. Discovery due by 8/21/2020. (MAGISTRATE JUDGE WES REBER PORTER)(agh) (Entered: 10/25/2019)

AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/25/2019. (jo) (Entered: 10/25/2019)

ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/25/2019. Pursuant to LR 16.5(b), all parties to this matter are hereby ORDERED TO APPEAR for a settlement conference, beginning in chambers, on June 4, 2020, at 10:00 a.m. (jo) (Entered: 10/25/2019)

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto [Re: Defendant Christina Kishimoto's Response to Plaintiff's First Request for Answers to Interrogatories to Christina Kishimoto, in her Official Capacity as Superintendent of the State of Hawaii, Department of Education] (Akamine, Ryan) (Entered: 11/15/2019)

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto Re: Defendant Pankaj Bhanot's Response to Plaintiff's First Request for Answers to Interrogatories to Pankaj Bhanot, In His Official Capacity as the State of Hawaii, Department of Human Services (Akamine, Ryan) (Entered: 11/20/2019)

Brief [Letter Brief] to The Honorable Judge Wes Reber Porter. (Akamine, Ryan) (Entered: 01/21/2020)

NOTICE by Hawai`i Disability Rights Center Letter Brief to Judge Wes Reber Porter re Discovery Dispute Hawai`i Disability Rights Center. (Heinze, Madisson) (Entered: 01/21/2020)

ORDER AS TO JANUARY 21, 2020 DISCOVERY LETTER BRIEFS - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/22/2020. (emt, ) (Entered: 01/22/2020)

Letter Brief re 77 Order As to January 21, 2020 Discovery Letter Brief. (Attachments: # 1 Declaration Skyler G. Cruz, # 2 Certificate of Service)(Cruz, Skyler) (Entered: 02/25/2020)

Letter dated 3/17/2020 from Defendants' counsel regarding discovery and request for extension of time to complete discovery review. (agh) (Entered: 03/18/2020)

EO: The Court finds good cause to grant Defendants' request to extend the time to complete their review and production of documents as ordered by the Court on January 22, 2020, ECF No. 77, and ORDERS as follows: No later than April 27, 2020, Defendants shall make a full and complete production of all responsive emails from the emails remaining to be reviewed. If Defendants are unable to finish their review and make a full and complete production of all responsive emails by April 27, 2020, Defendants shall file a declaration so stating no later than April 27, 2020. IT IS SO ORDERED. (MAGISTRATE JUDGE WES REBER PORTER) (agh) (Entered: 03/18/2020)

STIPULATION TO MODIFY AMENDED RULE 16 SCHEDULING ORDER (DKT. NO. 71 ) - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/14/2020. (emt, ) (Entered: 04/14/2020)

EO: Based on 81 STIPULATION TO MODIFY AMENDED RULE 16 SCHEDULING ORDER, Non-Jury Trial set for 10/19/2020 is CONTINUED to 1/25/2021. A Second Amended Rule 16 Scheduling Order to be issued. Non-Jury Trial is set for 1/25/2021 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 12/21/2020 at 10:00 AM in the Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 10/23/2020 at 10:00 AM in the Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference statements by 10/16/2020. Dispositive Motions filed by 8/26/2020. Discovery due by 11/27/2020. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) (Entered: 04/14/2020)

SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/14/2020. (emt, ) (Entered: 04/14/2020)

ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/14/2020. (emt, ) (Entered: 04/14/2020)

Second Declaration of Skyler G. Cruz Regarding Progression of Review and Production of Doe Emails . (Attachments: # 1 Certificate of Service)(Cruz, Skyler) Docket text modified on 4/28/2020 (emt, ). (Entered: 04/27/2020)

ORDER DIRECTING IMMEDIATE PRODUCTION OF EMAILS AND PROCEDURES RELATED TO DISCLOSURE OF PRIVILEGED INFORMATION UNDER FEDERAL RULE OF EVIDENCE 502(d) re 85 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/28/2020. (emt, ) (Entered: 04/28/2020)

EO: A telephonic status conference to discuss the parties' proposed stipulation to modify the Amended Rule 16 Scheduling Order is set for 7/30/2020 at 09:00 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference (1-888-278-0296, Access Code 8224751). (MAGISTRATE JUDGE WES REBER PORTER)(mrf) (Entered: 07/24/2020)

MOTION for Summary Judgment Skyler G. Cruz appearing for Defendants Pankaj Bhanot, Christina Kishimoto (Attachments: # 1 Memorandum, # 2 Certificate of Compliance, # 3 Certificate of Service)(Cruz, Skyler) Modified on 1/21/2022 (afe). Modified on 3/18/2022 (mta). Modified on 5/17/2022 (reactivated pursuant to Order of USCA 142 (afe). (Entered: 07/29/2020)

CONCISE STATEMENT of Facts re 88 MOTION for Summary Judgment filed by Pankaj Bhanot, Christina Kishimoto. (Attachments: # 1 Declaration Skyler G. Cruz, # 2 Declaration Judy Mohr Peterson, # 3 Declaration Annie Kalama, # 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 Certificate of Service)(Cruz, Skyler) (Entered: 07/29/2020)

EP: Telephonic Status Conference held on 7/30/2020. A Third Amended Rule 16 Scheduling Conference Order to be issued. The Court discussed with the parties regarding scheduling an early settlement conference. Non-Jury Trial is set for 5/17/2021 at 09:00 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 4/6/2021 at 10:00 AM in the Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Early Settlement Conference with Plaintiff only by VTC is set for 8/31/2020 at 10:30 AM before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the conference date. Early Settlement Conference by VTC with Defendants only is set for 8/31/2020 at 12:00 PM before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the conference date. Early Settlement Conference statements submitted to porter_orders@hid.uscourts.gov by 8/24/2020. Settlement Conference by VTC is set for 2/18/2021 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the conference date. Settlement Conference statements submitted to porter_orders@hid.uscourts.gov by 2/11/2021. Dispositive Motions filed by 12/16/2020. Discovery due by 3/19/2021. (Court Reporter AT&T. 9:00 a.m. - 9:30 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) (Entered: 07/30/2020)

THIRD AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/31/2020. (emt, ) (Entered: 07/31/2020)

ORDER SETTING EARLY SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/31/2020. (emt, ) (Entered: 07/31/2020)

ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/31/2020. (emt, ) (Entered: 07/31/2020)

NOTICE of Hearing on Motion 88 MOTION for Summary Judgment . BRIEFING SCHEDULE AS FOLLOWS:Memorandum in Opposition: 9/11/2020.Reply Memorandum is due: 9/18/2020. Motion Hearing is set for 10/2/2020 at 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 07/31/2020)

EO: 88 MOTION for Summary Judgment . Motion Hearing is reset for 10/23/2020 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI) (afe) (Entered: 08/03/2020)

CERTIFICATE OF SERVICE by Pankaj Bhanot, Christina Kishimoto [Re: Defendant Pankaj Bhanot's First Supplemental Response to Plaintiff's First Request for Production of Documents to Pankaj Bhanot, in His Official Capacity as Director of the State of Hawaii, Department of Human Services] (Akamine, Ryan) (Entered: 08/05/2020)

NOTICE of Appearance by Laura P. Moritz on behalf of Hawai`i Disability Rights Center on behalf of Hawai`i Disability Rights Center. (Moritz, Laura) (Entered: 08/14/2020)

MOTION for Pro Hac Vice re Samantha Fahr Filing fee $ 300, receipt number 0975-2410812.Laura P. Moritz appearing for Plaintiff Hawai`i Disability Rights Center (Moritz, Laura) (Entered: 08/14/2020)

MOTION for Pro Hac Vice re Emma Moralyan Filing fee $ 300, receipt number 0975-2410816.Laura P. Moritz appearing for Plaintiff Hawai`i Disability Rights Center (Moritz, Laura) (Entered: 08/14/2020)