Case: Reeves v. Nago

Borja v. Nago

Borja v. Nago

Borja v. Nago

Borja v. Nago

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT filed by Plaintiffs Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi, and Equally American against Scott Nago, in his official capacity as Chief Election Officer of the Hawaii Office of Elections, United States of America, Mark Esper, in his official capacity as the Secretary of Defense, Federal Voting Assistance Program, and David Beirne, in his official capacity as Director of the Federal Voting Assistance Program against All Plaintiffs ( Filing fee $ 400 receipt number 0975-2433224.), filed by Randall Jay Reeves. (Attachments: # 1 Civil Cover Sheet)(Quan, Anthony) (Entered: 10/08/2020)

1 Civil Cover Sheet

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Summons (Proposed) (Quan, Anthony) (Entered: 10/08/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/08/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/08/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/08/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/08/2020)

NOTICE of Case Assignment: Please reflect Civil case number CV 20-00433 JAO-RT on all further pleadings. (emt, ) (Entered: 10/09/2020)

Summons Issued as to Scott Nago. (emt, ) (Entered: 10/09/2020)

Summons Issued as to United States of America. (emt, ) (Entered: 10/09/2020)

Summons Issued as to Mark Esper. (emt, ) (Entered: 10/09/2020)

Summons Issued as to Federal Voting Assistance Program. (emt, ) (Entered: 10/09/2020)

Summons Issued as to David Beirne. (emt, ) (Entered: 10/09/2020)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/7/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/9/2020. (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: 10/09/2020)

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: 10/09/2020)

Corporate Disclosure Statement by Equally American. (Quan, Anthony) (Entered: 10/09/2020)

NOTICE by Randall Jay Reeves re 1 Complaint,, Plaintiffs Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi, and Equally American's Rule 5.1 Notice of Constitutional Challenge to a Statute Randall Jay Reeves. (Attachments: # 1 Certificate of Service)(Quan, Anthony) (Entered: 10/10/2020)

EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) (Entered: 10/13/2020)

MOTION for Pro Hac Vice for Geoffrey Wyatt Filing fee $ 300, receipt number 0975-2434333.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Attachment to Declaration of Counsel, # 3 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/13/2020)

MOTION for Pro Hac Vice for Nicole Cleminshaw Filing fee $ 300, receipt number 0975-2434339.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/13/2020)

MOTION for Pro Hac Vice for Andrew Hanson Filing fee $ 300, receipt number 0975-2434345.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/13/2020)

MOTION for Pro Hac Vice for Zachary Martin Filing fee $ 300, receipt number 0975-2434349.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/13/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO GEOFFREY WYATT re 18 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/14/2020. (emt, ) (Entered: 10/14/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NICOLE CLEMINSHAW re 19 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/14/2020. (emt, ) (Entered: 10/14/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANDREW HANSON re 20 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/14/2020. (emt, ) (Entered: 10/14/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ZACHARY MARTIN re 21 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/14/2020. (emt, ) (Entered: 10/14/2020)

MOTION for Pro Hac Vice for Vanessa L. Williams Filing fee $ 300, receipt number 0975-2439470.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/23/2020)

Errata re 26 MOTION for Pro Hac Vice for Vanessa L. Williams Filing fee $ 300, receipt number 0975-2439470. . (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/23/2020)

MOTION for Pro Hac Vice for Pamela L. Colon Filing fee $ 300, receipt number 0975-2439488.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Scott Nago served on 10/15/2020. (Quan, Anthony) (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Scott Nago served on October 14, 2020 through Deputy Attorney General Amanda Weston (Quan, Anthony) Modified on 10/27/2020 (emt, ). (Entered: 10/23/2020)

Errata re 29 Summons Returned Executed as to Defendant Scott Nago at Hawaii Office of Elections. (Quan, Anthony) (Entered: 10/23/2020)

Errata re 30 Summons Returned Executed as to Defendant Scott Nago at State of Hawaii, Dept. of the Attorney General. (Quan, Anthony) (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. United States of America Mark Esper served on 10/14/2020 . (Quan, Anthony) Modified on 10/27/2020 (emt, ). (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Mark Esper United States of America served on 10/14/2020. (Quan, Anthony) Modified on 10/27/2020 (emt, ). (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Federal Voting Assistance Program served on 10/14/2020. (Quan, Anthony) (Entered: 10/23/2020)

SUMMONS Returned Executed by Randall Jay Reeves. David Beirne served on 10/15/2020. (Quan, Anthony) (Entered: 10/23/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO VANESSA L. WILLIAMS re 26, 27 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/23/2020. (emt, ) (Entered: 10/23/2020)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO PAMELA LYNN COLON re 28 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/23/2020. (emt, ) (Entered: 10/23/2020)

AMENDED COMPLAINT against All Defendants, filed by Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi, and Equally American .(Quan, Anthony) Modified on 10/30/2020 (emt, ). (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons (Proposed) (Quan, Anthony) (Entered: 10/29/2020)

Summons Issued as to Scott Nago, in his official capacity as Chief Election Officer for the Hawaii Office of Elections. (emt, ) (Entered: 10/30/2020)

Summons Issued as to Glen Takahashi, in his official capacity as Clerk of the City and County of Honolulu. (emt, ) (Entered: 10/30/2020)

Summons Issued as to Kathy Kaohu, in her official capacity as Clerk of the County of Maui. (emt, ) (Entered: 10/30/2020)

Summons Issued as to United States of America. (emt, ) (Entered: 10/30/2020)

Summons Issued as to Mark Esper, in his official capacity as the Secretary of Defense. (emt, ) (Entered: 10/30/2020)

Summons Issued as to Federal Voting Assistance Program. (emt, ) (Entered: 10/30/2020)

Summons Issued as to David Beirne, in his official capacity as Director of the Federal Voting Assistance Program. (emt, ) (Entered: 10/30/2020)

EO: The Court ADVANCES the Telephonic Rule 16 Scheduling Conference set for 12/7/2020 at 09:00 AM to 08:30 AM the same day before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/02/2020)

ACKNOWLEDGEMENT OF SERVICE Executed as to 39 Amended Complaint, 47 Summons Issued as to Defendant Scott Nago at Hawaii Office of Elections Acknowledgement filed by Randall Jay Reeves. (Quan, Anthony) (Entered: 11/04/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Glen Takahashi served on 11/2/2020. (Quan, Anthony) (Entered: 11/04/2020)

SUMMONS Returned Executed by Randall Jay Reeves. Kathy Kaohu served on 10/30/2020. (Quan, Anthony) (Entered: 11/04/2020)

NOTICE of Appearance by Dana A. Barbata on behalf of David Beirne, Mark Esper, Federal Voting Assistance Program, United States of America on behalf of David Beirne, Mark Esper, Federal Voting Assistance Program, United States of America. (Barbata, Dana) (Entered: 11/06/2020)

NOTICE of Appearance by Ernest H. Nomura on behalf of Glen Takahashi on behalf of Glen Takahashi. (Attachments: # 1 Certificate of Service)(Nomura, Ernest) (Entered: 11/13/2020)

NOTICE of Appearance by Robert M. Kohn on behalf of Glen Takahashi on behalf of Glen Takahashi. (Attachments: # 1 Certificate of Service)(Kohn, Robert) (Entered: 11/13/2020)

NOTICE of Appearance by Lori N. Tanigawa on behalf of Scott Nago on behalf of Scott Nago. (Attachments: # 1 Certificate of Service)(Tanigawa, Lori) (Entered: 11/13/2020)

NOTICE of Appearance by Caleb P. Rowe on behalf of Kathy Kaohu on behalf of Kathy Kaohu. (Rowe, Caleb) (Entered: 11/13/2020)

EO: In light of the Parties request, the Court hereby converts the Rule 16 Scheduling Conference set for 12/7/2020 at 08:30 AM to a Telephonic Status Conference before MAGISTRATE JUDGE ROM TRADER.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(rls, ) (Entered: 11/17/2020)

NOTICE of Appearance by Stephen M. Pezzi on behalf of David Beirne, Mark Esper, Federal Voting Assistance Program, United States of America on behalf of David Beirne, Mark Esper, Federal Voting Assistance Program, United States of America. (Pezzi, Stephen) (Entered: 11/17/2020)

Joint MOTION Parties' Joint Motion to Set Stipulated Briefing Schedule filed by Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Exhibit [Proposed] Order, # 2 Certificate of Service)(Quan, Anthony) (Entered: 11/23/2020)

REPORT of Planning Meeting Joint Report of the Parties Pursuant to FRCP 26(f) and LR26.1. (Attachments: # 1 Certificate of Service)(Quan, Anthony) (Entered: 11/23/2020)

EO: The parties filed a 65 Joint Motion to Set Stipulated Briefing Schedule, identifying the relevant legal issues and proposing a briefing and hearing schedule for the motions for summary judgment that are expected to resolve this litigation. Given the issues to be litigated, the Court finds that judicial economy will be served by a multistep process. The parties dispute Plaintiffs' standing, a threshold issue concerning subject matter jurisdiction. Therefore, it should be addressed as a preliminary matter, particularly because the Court may "allow or [] require the plaintiff to supply, by amendment to the complaint or by affidavits, further particularized allegations of fact deemed supportive of plaintiff's standing." Maya v. Centex Corp., 658 F.3d 1060, 1067 (9th Cir. 2011) (citation and quotations omitted). Once the motion(s) regarding standing are filed, the Court will set the briefing schedule. Only after standing is resolved should the parties file their anticipated motions for summary judgment. Accordingly, the Joint Motion is DENIED. (JUDGE JILL A. OTAKE)(shm) (Entered: 11/24/2020)

NOTICE of Appearance by Glen Ramos Pascual on behalf of Kathy Kaohu on behalf of Kathy Kaohu. (Attachments: # 1 Certificate of Service)(Pascual, Glen) (Entered: 11/25/2020)

Email from Robert M. Kohn, Deputy Corporation Counsel re ECF No. 67, dated December 1, 2020. (emt, ) (Entered: 12/01/2020)

EO: Counsel emailed the Courtroom Manager requesting the Court's confirmation that filing motions to dismiss based solely on standing will not waive their right to move to dismiss on other grounds later. The Court declines to opine on this matter, but notes that the multistep process was in part implemented due to the parties' representation that this case is susceptible to resolution by summary judgment. Defendants did not express any intention to file motions to dismiss. (JUDGE JILL A. OTAKE)(shm) (Entered: 12/01/2020)

EP: TELEPHONIC STATUS CONFERENCE held.Discussion had. Parties confirm expectation that case will likely resolve by cross-motions. United States to file motion to dismiss, however, if denied, it will participate in cross motions. Parties discussing possible stipulation as to facts applicable to anticipated motions.Court declines to set trial date and deadlines, however, will continue to monitor case via periodic status conferences. Court sets Telephone Conference for 4/2/2021 at 9:00 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326 (ATT / 8:30 a.m. - 8:35 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 12/07/2020)

STIPULATION PERMITTING LEAVE TO PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/18/2020. (Attachments: # 1 Exhibit A).NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants through their respective counsel, good cause appearing and justice so requiring, Plaintiffs should be permitted leave to file their Second Amended Complaint, attached as Exhibit A, upon entry of an order of the Court approving same. Defendants reserve all rights to challenge and/or object to the allegations of the Second Amended Complaint.(jni) (Entered: 12/18/2020)

Second AMENDED COMPLAINT against All Defendants, filed by Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi, and Equally American .(Quan, Anthony) Modified on 12/20/2020 (emt, ). (Entered: 12/18/2020)

MOTION to Dismiss for Lack of Jurisdiction Stephen M. Pezzi appearing for Defendants Christopher C. Miller, Federal Voting Assistance Program, United States of America, David Beirne (Pezzi, Stephen) (Entered: 01/14/2021)

MEMORANDUM in Support re 74 MOTION to Dismiss for Lack of Jurisdiction filed by David Beirne, Federal Voting Assistance Program, Christopher C. Miller, United States of America. (Pezzi, Stephen) (Entered: 01/14/2021)

EO: The parties are notified that per standard practice in this district, memoranda in support of motions, as well as declarations, exhibits, and certificates of service, should be filed as attachments to the associated motions, not as separate documents. (JUDGE JILL A. OTAKE)(shm) (Entered: 01/14/2021)

EO: The hearing on 74 Federal Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction is SET for 3/5/21 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Responses are due by 2/5/21, Reply due by 2/12/21.The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) (Entered: 01/15/2021)

Defendant Scott Nago's Partial MOTION for Joinder re 74 MOTION to Dismiss for Lack of Jurisdiction and 75 Memorandum in Support Lori N. Tanigawa appearing for Defendant Scott Nago (Tanigawa, Lori) Modified on 1/19/2021 (emt, ). (Entered: 01/15/2021)

Defendant Glen Takahashi's Partial MOTION for Joinder re 74 MOTION to Dismiss for Lack of Jurisdiction and 75 Memorandum in Support Robert M. Kohn appearing for Defendant Glen Takahashi (Kohn, Robert) Modified on 1/19/2021 (emt, ). (Entered: 01/15/2021)

Defendant Kathy Kaohu's Partial MOTION for Joinder re 74 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support 75 Caleb P. Rowe appearing for Defendant Kathy Kaohu (Rowe, Caleb) Modified on 1/19/2021 (emt, ). (Entered: 01/15/2021)

EO: The hearing on the following Joinders is set for 3/5/21 at 9:00 A.M. before DISTRICT JUDGE JILL A. OTAKE: 78 Defendant Scott Nago's Partial Joinder in the Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisidction [sic] [ECF #74] and Memorandum in Support [ECF #75]; 79 Defendant Glen Takahashi's Partial Joinder to Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisidction [sic] [ECF #74] and Memorandum in Support [ECF #75]; and 80 Defendant Kathy Kaohu's Partial Joinder to Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF #74] and Memorandum in Support [ECF #75].The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) (Entered: 01/19/2021)

MOTION for Pro Hac Vice for Neil C. Weare, Esq. Filing fee $ 300, receipt number 0975-2480400.Anthony F. Quan, Jr appearing for Plaintiff Randall Jay Reeves (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Proposed Order)(Quan, Anthony) (Entered: 02/02/2021)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NEIL C. WEARE re 82 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/3/2021. (emt, ) (Entered: 02/03/2021)

MEMORANDUM in Opposition to Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Memorandum in Support (Dkt. No.s. 74 and 75 ), and Defendant Scott Nago's (Dkt. No. 78 ), Glen Takahashi's (Dkt. No. 79 ), and Kathy Kaohu's (Dkt. No. 80 ) Partial Joinders to the Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi and Equally American. (Attachments: # 1 Declaration Declaration of Counsel, # 2 Exhibit Brief of Constitutional Law Professors as Amici Curiae in Support of Petitioners at 5-13, Segovia v. United States, No. 17-1463 (U.S. June 2018), # 3 Exhibit Brief of Voting Rights Scholars as Amicus Curiae Supporting Petitioner at 18, Segovia v. United States, No. 17-1463 (U.S. May 23, 2018), # 4 Exhibit Brief of Commonwealth of Puerto Rico as Amicus Curiae in Support of Petitioners at 7-8, Segovia v. United States, No. 17-1463 (U.S. May 23, 2018), # 5 Exhibit Brief of Amicus Curiae U.S. Virgin Islands in Support of Petitioners at 6, Segovia v. United States, No. 17-1463 (U.S. June 28, 2018), # 6 Certificate of Service)(Quan, Anthony) Modified on 2/8/2021 (emt, ). (Entered: 02/05/2021)

Defendant Scott Nago's MEMORANDUM in Partial Opposition to the 74 Federal Defendants' MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support [ECF # 75 ] filed by Scott Nago. (Tanigawa, Lori) Modified on 2/8/2021 (emt, ). (Entered: 02/05/2021)

MEMORANDUM in Opposition re 74 MOTION to Dismiss for Lack of Jurisdiction and 75 Memorandum in Support filed by Glen Takahashi. (Kohn, Robert) (Entered: 02/05/2021)

Defendant Kathy Kaohu's MEMORANDUM in Opposition in Part to 74 Federal Defedants' MOTION to Dismiss for Lack of Jurisdiction and 75 Memorandum in Support filed by Kathy Kaohu. (Rowe, Caleb) Modified on 2/8/2021 (emt, ). (Entered: 02/05/2021)

Federal Defendants' REPLY Memorandum in Support of 74 MOTION to Dismiss for Lack of Jurisdiction filed by David Beirne, Federal Voting Assistance Program, Christopher C. Miller, United States of America. (Pezzi, Stephen) Modified on 2/18/2021 (emt, ). (Entered: 02/12/2021)

EO: The Federal Defendants are directed to confirm that their 75 Memorandum in Support of Motion to Dismiss for Lack of Subject-Matter Jurisdiction and 88 Reply comply with Local Rule 10.2(a)(4)'s requirement that all documents be double spaced. If the briefing is not double spaced -- which appears to be the case -- the Federal Defendants must comply with Local Rule 7.4. A statement of confirmation and/or a certificate of compliance with Local Rule 7.4 shall be filed by 2/24/21. (JUDGE JILL A. OTAKE)(shm) (Entered: 02/23/2021)

STATEMENT of Confirmation in Response to the Court's February 23, 2021 Order re 89 filed by David Beirne, Federal Voting Assistance Program, Christopher C. Miller, United States of America. (Pezzi, Stephen) Modified on 2/25/2021 (emt, ). (Entered: 02/24/2021)

EO: After reviewing the Federal Defendants' 90 Response, the Court notes that they have misapprehended the Courts double-spacing requirement. The Local Rules contemplate the use of Microsoft Words standard double spacing. While it appears that standard double spacing would cause the briefing to exceed the page limitation and might preclude certification of compliance with Local Rule 7.4, the Court will not require resubmission at this time because reformatted briefs will not materially impact the content therein. Should this case survive dismissal, however, all future filings must comply with formatting requirements. (JUDGE JILL A. OTAKE)(shm) (Entered: 02/24/2021)

EO: The following time limits will apply at the hearing on the Federal Defendants' 74 Motion to Dismiss for Lack of Subject-Matter Jurisdiction: (1) Federal Defendants - 20 mins; (2) Hawai'i Defendants - 15 minutes; (3) Plaintiffs - 25 minutes. Defendants may reserve a portion of their allocated time for rebuttal. (JUDGE JILL A. OTAKE)(otake1) (Entered: 03/01/2021)

EP: Hearing on 74 Federal Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Various Joinders 78, 79 and 80 was conducted by video teleconference (VTC).Oral arguments heard. 74 Federal Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction - TAKEN UNDER ADVISEMENT. 78 Defendant Scott Nago's Partial Joinder in the Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisidction [sic] [ECF #74] and Memorandum in Support [ECF #75] - TAKEN UNDER ADVISEMENT. 79 Defendant Glen Takahashi's Partial Joinder to Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisidction [sic] [ECF #74] and Memorandum in Support [ECF #75] - TAKEN UNDER ADVISEMENT. 80 Defendant Kathy Kaohu's Partial Joinder to Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF #74] and Memorandum in Support [ECF #75] - TAKEN UNDER ADVISEMENT.Court to issue a written order. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) (Entered: 03/05/2021)

EO: The parties are directed to file supplemental briefing -- not to exceed ten (10) pages -- addressing the following questions, and should consult M.S. v. Brown, 902 F.3d 1076 (9th Cir. 2018), in doing so: (1) Assuming Plaintiffs' injuries are traceable to UOCAVA, would the declaratory relief requested in paragraph a of the Second Amended Complaint's ("SAC") prayer for relief -- declaring definitions unconstitutional -- without more, allow Plaintiffs to receive absentee ballots? If yes, describe mechanically how this would occur.(2) Assuming Plaintiffs' injuries are not traceable to UOCAVA, would the declaratory relief, applied only to UMOVA and HAR ยง 3-177-600, without more, allow Plaintiffs to receive absentee ballots? If yes, describe mechanically how this would occur. (3) Does the Court have the power to award the injunctive relief requested in paragraph b of the SAC's prayer for relief? Provide legal authority for an affirmative or negative response.(4) Does this case fall under the narrow set of circumstances in which the Court has the authority to order government officials to implement or enact legislation or take other action? See, M.S., 902 F.3d at 1088 n.14.(5) Assuming Plaintiffs lack standing, could amendment of the SAC -- which the Court is authorized to permit -- overcome the asserted defects?Plaintiffs' deadline is 3/19/21 and Defendants' deadline is 4/2/21. Hawaii Defendants may file a consolidated memorandum if they wish. (JUDGE JILL A. OTAKE)(shm) (Entered: 03/05/2021)

TRANSCRIPT of Proceedings Via Video Teleconference, Motion and Various Joinders, held on March 5, 2021, before Judge Jill A. Otake. Court Reporter/Transcriber - ANN MATSUMOTO, Telephone number - 8085412061,Email Address - am@hid. PP. - 51 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 3/30/2021. Redacted Transcript Deadline set for 4/9/2021. Release of Transcript Restriction set for 6/7/2021. (Matsumoto, Ann) (Entered: 03/12/2021)

Plaintiffs SUPPLEMENTAL BRIEF Pursuant to the Court's March 5, 2021 Order re 94 by Randall Jay Reeves, Vicente Topasna Borja, Edmund Frederick Schroeder, Jr., Ravinder Singh Nagi, Patricia Arroyo Rodriguez, Laura Castillo Nagi and Equally American (Attachments: # 1 Certificate of Service)(Quan, Anthony) Modified on 3/22/2021 (emt, ). (Entered: 03/19/2021)

1 Certificate of Service

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EO: Per Defendant's request, the Telephone Conference set for 4/2/2021 is CONTINUED to 5/7/2021 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 03/23/2021)

Defendant Scott Nago's Supplemental Brief Pursuant to the Court's March 5, 2021 Order [ECF #94]. (Tanigawa, Lori) Modified on 4/5/2021 (emt, ). (Entered: 04/01/2021)

Defendant Glen Takahashi's Joinder re 98 Defendant Scott Nago's Supplemental Brief filed by Glen Takahashi. (Kohn, Robert) Modified on 4/5/2021 (emt, ). (Entered: 04/01/2021)

Defendant Kathy Kaohu's Joinder to 98 Defendant Scott Nago's Supplemental Brief PURSUANT TO THE COURTS MARCH 5, 2021 ORDER [ECF #94] filed by Kathy Kaohu. (Rowe, Caleb) Modified on 4/5/2021 (emt, ). (Entered: 04/01/2021)