Case: Amsterdam v. Na’i Aupuni Foundation

Amsterdam v. Na'I Aupuni Fd

Amsterdam v. Na'I Aupuni Fd

Amsterdam v. Na'I Aupuni Fd

Amsterdam v. Na'I Aupuni Fd

Amsterdam v. Na'I Aupuni Fd

COMPLAINT regarding the Holding of Elections for Delegates to the Constitutional Convention October 27, 2015 - filed by C. Kaui Jochanan Amsterdam. (afc) (Entered: 10/27/2015)

MOTION for an Immediate Temporary Injunction regarding the Holding of Election for Delegates to the Constitutional Convention 10/27/2015 - filed by Plaintiff C. Kaui Jochanan Amsterdam. [Motion for Temporary Restraining Order] (afc) (Entered: 10/27/2015)

MOTION regarding the Holding of Elections for Delegates to the Constitutional Convention October 27, 2015 re: 2 - filed by C. Kaui Jochanan Amsterdam. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B) Staff Notation: The document title is styled to include a Certificate of Service. A Certificate of Service is not included with the document. (afc) (Entered: 10/27/2015)

1 Appendix

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2 Exhibit A

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3 Exhibit B

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Plaintiff's Declaration regarding the Holding of the Election for Delegates to the Constitutional Convention October 27, 2015 re: 1, 2, 3 . Staff Notation: The document title is styled to include a Certificate of Service. A Certificate of Service is not included with the document. (afc) (Entered: 10/27/2015)

SUMMONS IN A CIVIL ACTION - issued. (afc) (Entered: 10/27/2015)

Order Setting Rule 16 Scheduling Conference for 09:30AM on 1/25/2016 before MAGISTRATE JUDGE BARRY M. KURREN. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/27/2015. (Attachments: # 1 Corporate Disclosure Memo) (afc) STAFF NOTATION:The scheduling order is styled with civil case number CV 15-00447HG-BMK. The instant case was initially assigned to Judge Helen Gillmor and U.S. Magistrate Judge Barry M. Kurren. Because a Motion for Temporary Injunction was concurrently filed with the complaint, and because Judge Gillmor is not assigned to "new" actions that are accompanied with a Motion for Temporary and/or Preliminary Injunctions/Restraining Orders, the case was reassigned to Judge J. Michael Seabright. (Entered: 10/27/2015)

Filing fee: $ 400.00, receipt number HI016475 re 1 Complaint. (afc) (Entered: 10/27/2015)

NOTICE of Case Assignment to U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT and U.S. MAGISTRATE JUDGE BARRY M. KURREN. Please reflect Civil case number CV 15-00447-JMS-BMK on all further pleadings. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on Wednesday, October 28, 2015. (Entered: 10/27/2015)

SUMMONS Returned Executed: KUHIO ASAM, President-Na'i Aupuni FD served on 10/27/2015, answer due 11/17/2015. (afc) (Entered: 10/29/2015)

ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER, DOC. NO. 2 . Signed by JUDGE J. MICHAEL SEABRIGHT on 10/29/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on October 30, 2015. (Entered: 10/29/2015)

ANSWER to 1 Complaint by Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni Foundation, Pauline Namuo, Selena L. Schuelke.(Minkin, David) (Entered: 11/17/2015)

Corporate Disclosure Statement by Na'i Aupuni Foundation. (Minkin, David) (Entered: 11/17/2015)

NOTICE of Appearance by Troy J.H. Andrade on behalf of Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni Foundation, Pauline Namuo, Selena L. Schuelke on behalf of Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni Foundation, Pauline Namuo, Selena L. Schuelke. (Andrade, Troy) (Entered: 11/18/2015)

NOTICE of Appearance by Jessica M. Wan on behalf of Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni FD, Pauline Namuo, Selena L. Schuelke on behalf of Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni FD, Pauline Namuo, Selena L. Schuelke. (Wan, Jessica) (Entered: 11/19/2015)

MOTION to Amend 1 Complaint by Plaintiff C. Kaui Jochanan Amsterdam. (afc) STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 12/01/2015)

MEMORANDUM in Support re 15 MOTION to Amend 1 Complaint filed by C. Kaui Jochanan Amsterdam. (afc) (Entered: 12/01/2015)

MOTION for a Continuance by Plaintiff C. Kaui Jochanan Amsterdam. (afc)STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 12/01/2015)

MEMORANDUM in Support re 17 MOTION for Continuance filed by C. Kaui Jochanan Amsterdam. (afc) (Entered: 12/01/2015)

CERTIFICATE OF SERVICE by C. Kaui Jochanan Amsterdam re: 15 MOTION to Amend Complaint, 16 Memorandum in Support of Motion to Amend Complaint, 17 MOTION for Continuance, 18 Memorandum in Support of Motion for Continuance. (afc) (Entered: 12/01/2015)

EO: Plaintiff has filed a Motion to Amend Complaint, Doc. No. 15, seeking leave to amend his October 27, 2015 Complaint. The Motion is unnecessary. Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff may amend a complaint "once as a matter of course within:... 21 days after service of a responsive pleading[.]" Defendants filed an Answer on November 17, 2015. Under Rule 15(a)(1)(B), Plaintiff does not need permission to file an Amended Complaint if filed within 21 days after service of the Answer (which period has not yet expired). Accordingly, the Motion to Amend Complaint is DENIED as MOOT. Plaintiff may file an Amended Complaint under Rule 15(a)(1)(B) until the applicable time period expires.Plaintiff has also filed a "Motion for Continuance," Doc. No. 17, which the court construes as a Motion to Stay this action pending a decision by the Supreme Court in Akina v. State, No. 15A551 (S. Ct. filed Nov. 23, 2015). This court is aware of, and is monitoring, the pending proceedings in Akina, but finds no reason at this time to stay this case (Amsterdam v. Nai Aupuni, Civ. No. 15-00447 JMS-BMK). The Motion for Continuance is DENIED without prejudice. This ruling is subject to change, depending on further orders of the Supreme Court in Akina. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/02/2015)

AMENDED COMPLAINT filed by C. Kaui Jochanan Amsterdam. (afc) STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 12/08/2015)

CERTIFICATE OF SERVICE by C. Kaui Jochanan Amsterdam re 21 Amended Complaint. (afc) (Entered: 12/08/2015)

Defendants' ANSWER to 21 Amended Complaint, of October 27, 2015, Filed December 8, 2015; Certificate of Service by Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni FD, Pauline Namuo, Selena L. Schuelke.(Minkin, David) (Entered: 12/18/2015)

Scheduling Conference Statement ; Certificate of Service. (Minkin, David) (Entered: 01/15/2016)

EO: Due to a conflict with the Court's schedule, the Rule 16 Scheduling Conference set for 1/25/2016 is CONTINUED to 3/3/2016 at 9:30AM before Judge Barry M. Kurren. Scheduling Conference Statements are due 2/25/2016. (MAGISTRATE JUDGE BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/15/2016)

INITIAL DISCLOSURE by Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni FD, Pauline Namuo, Selena L. Schuelke. (Minkin, David) (Entered: 01/28/2016)

Plaintiff C. Kaui Jochanan Amsterdam's MOTION for Emergency Hearing/Ruling. [MOTION for Temporary Restraining Order] (afc) (Entered: 02/02/2016)

MEMORANDUM in Support re: 27 MOTION for Emergency Hearing/Ruling - filed by C. Kaui Jochanan Amsterdam. (afc) (Entered: 02/02/2016)

CERTIFICATE OF SERVICE by C. Kaui Jochanan Amsterdam. (afc) (Entered: 02/02/2016)

EO: The court will hold a status conference on Plaintiff's Motion for Emergency Hearing/Ruling, Doc. No. 27, on Thursday, February 4, 2016 at 3:00 p.m. Defendants' Response to the Motion is due by Wednesday, February 3, 2016 by 5:00 p.m. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/02/2016)

RESPONSE re 28 Memorandum in Support of Motion, 27 MOTION for Temporary Restraining Order, Filed February 2, 2016 [Dkt. No. 28]; Declaration of Troy J. H. Andrade; Certificate of Service filed by Kuhio Asam, Kealoha Ballesteros, Gerry Miyamoto, Na'i Aupuni FD, Pauline Namuo, Selena L. Schuelke. (Attachments: # 1 Declaration of Troy J. H. Andrade, # 2 Certificate of Service)(Minkin, David) (Entered: 02/03/2016)

EP: Status conference; Hearing on 27 Plaintiff's Motion for Emergency Hearing/Ruling held.Oral arguments heard. 27 Plaintiff's Motion for Emergency Hearing/Ruling - DENIED.Court to issue written order.(Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/04/2016)

ORDER DENYING PLAINTIFF'S MOTION FOR EMERGENCY HEARING/RULING, DOC. NO. 27 . Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 2/5/2016. (afc) Order follows hearing held 2/4/2016 on plaintiff's Motion. Minutes of hearing: doc no. 32 . CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/05/2016)

MOTION for Reconsideration filed by Plaintiff C. Kaui Jochanan Amsterdam re: 33, 27 . (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 MOTION for Emergency Hearing/Ruling, # 5 Declaration of Plaintiff, # 6 Certificate of Service) (afc) (Entered: 02/24/2016)

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, DOC. NO. 34 . "Plaintiff's Motion for Reconsideration is DENIED. Accordingly, Plaintiff's corresponding Motion for Emergency Hearing/Ruling, Doc. No. 34 -4, is DENIED as moot." Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 2/24/2016. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on February 25, 2016. (Entered: 02/24/2016)

EO: Due to a conflict with the Court's schedule, the Rule 16 Scheduling Conference set for 3/3/2016 is CONTINUED to 4/5/2016 at 9:30AM before Judge Barry M. Kurren. Scheduling Conference Statements, if not already submitted, are due 3/29/2016. Plaintiff and/or defense counsel may participate in this Conference via telephone by notifying Judge Kurren's Courtroom Manager (808-541-1306) of their phone number, prior to the Conference. (MAGISTRATE JUDGE BARRY M. KURREN)(kur2 )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/29/2016)

REPORT of Planning Meeting [Defendants' Rule 26(f) Conference Report and Discovery Plan; Certificate of Service]. (Andrade, Troy) (Entered: 02/29/2016)

MOTION for Continuance [of Rule 16 Scheduling Conference] filed by Plaintiff C. Kaui Jochanan Amsterdam. (afc) STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 03/31/2016)

MEMORANDUM in Support re 38 MOTION for Continuance - filed by C. Kaui Jochanan Amsterdam. (afc) STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 03/31/2016)

Declaration of plaintiff C. Kaui Jochanan Amsterdam re: 38 MOTION for Continuance. (afc) (Entered: 03/31/2016)

CERTIFICATE OF SERVICE by C. Kaui Jochanan Amsterdam. (afc) (Entered: 03/31/2016)

ORDER REASSIGNING MAGISTRATE JUDGE BARRY M. KURREN'S REFERRED CIVIL CASES. U.S. Magistrate Judge assignment reassigned to U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Judge BARRY M. KURREN no longer assigned to case. Please reflect new case number CV 15-00447-JMS-RLP on all further pleadings. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 4/1/2016. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/01/2016)

EO: The Court has carefully reviewed 38 Plaintiff's Motion for Continuance of the Rule 16 Scheduling Conference, wherein Plaintiff requests that the Court continue the Rule 16 Scheduling Conference for an additional 80 days to June 23, 2016. This action was filed on October 27, 2015. Rule 16 of the Federal Rules of Civil Procedures requires that scheduling orders be issued within the earlier of 90 days after defendant has been served or 60 days after defendant has appeared. Here, Defendants were served on October 27, 2015, and answered the complaint on November 17, 2015, more than 130 days ago. Given the age of this case, the Court DENIES Plaintiff's Motion. However, the Court grants Plaintiff permission to appear by telephone at the Rule 16 Scheduling Conference on 4/5/2016 at 9:30 a.m. before Magistrate Judge Richard L. Puglisi. To the extent Plaintiff's Motion renews his prior request to stay this action pending a decision by the Supreme Court in Akina v. State, No. 15A551 (S. Ct. filed Nov. 23, 2015), that request is also denied. As stated by Chief Judge Seabright in his December 20, 2015 order, the court is aware of, and is monitoring, the pending proceedings in Akina, but finds no reason at this time to stay this case, subject to change, depending on further orders of the Supreme Court in Akina. The Court directs Defendants' counsel to email a copy of this EO to Plaintiff upon receipt. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/01/2016)

EP: Rule 16 Scheduling Conference held on 4/5/2016. Rule 16 Scheduling Conference Order to be issued. Non-Jury Trial is set for 4/11/2017 at 09:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 2/28/2017 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Dispositive Motions due by 11/9/2016. Discovery due by 2/10/2017. (Court Reporter In chambers - not reported) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/05/2016)

RULE 16 SCHEDULING ORDER; NOTICE TO PRO SE LITIGANTS - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/5/2016. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on April 6, 2016. (Entered: 04/05/2016)

MOTION for Acceptance; Rule 16 Scheduling Conference filed by Plaintiff C. Kaui Jochanan Amsterdam. (afc)STAFF NOTATION: The "Certificate of Service," as styled in the title of the document, was filed under separate cover. (Entered: 04/22/2016)

MEMORANDUM in Support re 46 MOTION for Acceptance; Rule 16 Scheduling Conference - filed by C. Kaui Jochanan Amsterdam. (afc) (Entered: 04/22/2016)

Declaration Rule 16 Scheduling Conference filed April 21, 2016 - filed by Plaintiff C. Kaui Jochanan Amsterdam. re: 44, 45, 46 . (afc) (Entered: 04/22/2016)

CERTIFICATE OF SERVICE by C. Kaui Jochanan Amsterdam re: 46, 47, 48 . (afc) (Entered: 04/22/2016)

EO: On April 21, 2016, Plaintiff filed a document entitled 46 Motion for Acceptance. Based on the Court's review, this filing appears to be an offer to settle this case upon certain terms, which is not appropriately resolved through a motion to the Court, but rather through direct negotiations with opposing counsel. Accordingly, Plaintiff's Motion is denied. The Court encourages the parties to discuss the possibility of settlement between themselves and to contact the Court if the parties would like to schedule a Settlement Conference. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/27/2016)

STIPULATION OF DISMISSAL WITH PREJUDICE. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 7/29/2016. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/01/2016)