Case: Kapa'a v. Trump

Legal Defense Fund

President Donald Trump

COMPLAINT for Declaratory and Injunctive Relief against Donald J. Trump, Howard Lutnick, Laura Grimm, Eugenio Pineiro Soler and Doug Burgum( Filing fee $ 405 receipt number AHIDC-3156876.), filed by Kapaa, Conservation Council for Hawaii and Center for Biological Diversity . (Attachments: # 1 Civil Cover Sheet)(Henkin, David) Modified on 5/22/2025 (eta). (Entered: 05/22/2025)

1 Civil Cover Sheet

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Summons (Proposed) (Henkin, David) (Entered: 05/22/2025)

Corporate Disclosure Statement by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Henkin, David) (Entered: 05/22/2025)

NOTICE of Case Assignment: Please reflect Civil case number CV 25-00209 WRP on all further pleadings. (eta) (Entered: 05/22/2025)

Summons Issued as to All Defendants. (eta) (Entered: 05/22/2025)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/21/2025 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/22/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 05/22/2025)

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 a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 05/22/2025)

Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) (Entered: 05/22/2025)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. PLEASE COMPLETE AND FILE THE ATTACHED ELECTION FORM (FILING INSTRUCTIONS ARE ATTACHED. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (Attachments: # 1 Election Form ) ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 05/22/2025)

Consent Election Form (Entered: 06/03/2025)

NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00209 MWJS-WRP on all further pleadings. (eta) (Entered: 06/04/2025)

NOTICE of Appearance by John H. Martin on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Martin, John) (Entered: 06/24/2025)

MOTION for Summary Judgment Re: Fifth and Sixth Claims for Relief David L. Henkin appearing for Plaintiffs Center for Biological Diversity, Kapaa, Conservation Council for Hawaii (Attachments: # 1 Memorandum)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

1 Memorandum

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CONCISE STATEMENT in Support re 13 of Undisputed Material Facts Re: Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief filed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Attachments: # 1 Declaration of Solomon Pili Kahoohalahala, # 2 Declaration of Jonnetta Peters, # 3 Declaration of Brian Zgliczynski, Ph.D, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Declaration of Maxx Phillips, # 8 Declaration of Stuart A. Sandin, Ph.D, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Declaration of Alan M. Friedlander, Ph.D, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Declaration of Angelo Villagomez, # 21 Exhibit 14, # 22 Exhibit 15, # 23 Declaration of David L. Henkin, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

MOTION TO EXPEDITE PURSUANT TO 16 U.S.C. § 1855(f)(4) OR, ALTERNATIVELY, 28 U.S.C. § 1657(a) David L. Henkin appearing for Plaintiffs Center for Biological Diversity, Kapaa, Conservation Council for Hawaii (Attachments: # 1 Memorandum in Support)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

1 Memorandum in Support

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SUMMONS Returned Executed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. All Defendants. (Henkin, David) (Entered: 06/25/2025)

EO: In light of the parties' agreement, see ECF No. 15, Plaintiffs' 13 Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief is SET for hearing on August 5, 2025, at 1:00 PM in Aha Kaulike before JUDGE MICAH W.J. SMITH. Briefing shall proceed in accordance with Local Rule 7.2: An opposition shall be due July 15, 2025. Any reply shall be due July 22, 2025. In addition, Defendants may file any position statement on Plaintiffs' 15 Motion to Expedite Pursuant to 16 U.S.C. § 1855(f)(4) or, Alternatively, 28 U.S.C. § 1657(a) by July 15, 2025. The court will decide the motion to expedite no later than August 5, 2025. If any party believes that this motion should be decided sooner, they may file a letter request. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rlfh) (Entered: 06/25/2025)

EO: In light of the pending 13 Motion for Summary Judgment, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 7/21/2025 to 10/6/2025 at 9:30 a.m. before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 06/26/2025)

NOTICE of Appearance by Jennifer A Sundook on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Sundook, Jennifer) (Entered: 06/27/2025)

NOTICE of Appearance by Sara M. Warren on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Warren, Sara) (Entered: 06/27/2025)

NOTICE of Filing of Administrative File; Certificate of Service by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Attachments: # 1 Exhibit A- Declaration of Sarah Malloy, # 2 Exhibit B- Administrative File Index, # 3 Exhibit C- Administrative File 000001 to 000408, # 4 Exhibit D- Administrative File 000409 to 000925, # 5 Exhibit E- Administrative File 000926 to 001326, # 6 Exhibit F- Administrative File 001327 to 001948, # 7 Exhibit G- Administrative File 001949 to 002288, # 8 Exhibit H- Administrative File 002289 to 002825)(Warren, Sara) Modified on 7/14/2025 (jni) (Entered: 07/14/2025)

RESPONSE in Opposition re 15 MOTION to Expedite FEDERAL DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO EXPEDITE filed by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Sundook, Jennifer) Modified on 7/15/2025 (jni) (Entered: 07/15/2025)

MEMORANDUM in Opposition re 13 MOTION for Summary Judgment Re: Fifth and Sixth Claims for Relief ; Certificate of Service filed by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Warren, Sara) Modified on 7/15/2025 (jni) (Entered: 07/15/2025)

CONCISE STATEMENT in Opposition re 13 MOTION for Summary Judgment FEDERAL DEFENDANTS' RESPONSE TO PLAINTIFFS' CONCISE STATEMENT OF FACTS AND STATEMENT OF ADDITIONAL FACTS ; Certificate of Service filed by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Attachments: # 1 Declaration of Jason Mehlinger, # 2 Exhibit 1, # 3 Declaration of Stefanie Gutierrez, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Declaration of Mark Fox, # 7 Exhibit 4)(Warren, Sara) Modified on 7/15/2025 (jni) (Entered: 07/15/2025)

EO: Plaintiffs may file any reply in support of their 15 Motion to Expedite Pursuant to 16 U.S.C. § 1855(f)(4) or, Alternatively, 28 U.S.C. § 1657(a) by July 22, 2025. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) (Entered: 07/15/2025)

Letter addressed to the Clerk of Court from Sara M. Warren, Esq., dated July 14, 2025, re: two flash drives containing the administrative file. (Attachments: # 1 Photocopy of Flash Drive, # 2 Mailing Envelope) One flash drive retained by the Clerk's Office.(jni) (Entered: 07/15/2025)

STIPULATION RE: FEDERAL DEFENDANTS' CONCISE STATEMENT OF FACTS AND STATEMENT OF ADDITIONAL FACTS; ORDER - Signed by JUDGE MICAH W.J. SMITH on 7/17/2025. (jni) (Entered: 07/17/2025)

CONCISE STATEMENT in Opposition re 13 MOTION for Summary Judgment ; Certificate of Service filed by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Attachments: # 1 Declaration of Jason Mehlinger, # 2 Exhibit 1, # 3 Declaration of Stefanie Gutierrez, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Declaration of Mark Fox, # 7 Exhibit 4)(Warren, Sara) (Entered: 07/17/2025)

REPLY Plaintiffs' Reply in Support of Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief filed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Henkin, David) (Entered: 07/22/2025)

Concise Statement in Support Plaintiffs' Further Concise Statement of Undisputed Material Facts Re: Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief filed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Attachments: # 1 Declaration of David L. Henkin, # 2 Exhibit 22, # 3 Exhibit 23)(Henkin, David) (Entered: 07/22/2025)

REPLY re 15 Plaintiffs' Reply in Support of Motion to Expedite PURSUANT TO 16 U.S.C. § 1855(f)(4) OR, ALTERNATIVELY, 28 U.S.C. § 1657(a) filed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Henkin, David) Modified on 7/23/2025 to add link. (jni) (Entered: 07/22/2025)

Federal Defendants' ANSWER to 1 Complaint, Certificate of Service by Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump.(Warren, Sara) (Entered: 07/22/2025)

NOTICE of Appearance by Edric Ming-Kai Ching on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Ching, Edric) (Entered: 07/28/2025)

ORDER APPROVING REQUEST FOR MEDIA BLOGGING - Signed by JUDGE MICAH W.J. SMITH on 8/4/2025.Media Outlet: The Associated PressRepresentative: Jennifer Kelleher and/or Audrey McAvoyHearing Date/Time: 8/5/2025 1:00 pm Motion HearingOngoing Hearings: Various, and all future on-the-record proceedings in open courtCOURT'S CERTIFICATE OF SERVICE - Jennifer Kelleher served by email and Notice of Electronic Filing. (jni) (Entered: 08/04/2025)

EP: Hearing on Plaintiffs 13 Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief; and Plaintiffs 15 Motion to Expedite Pursuant to 16 U.S.C. § 1855(f)(4) or, Alternatively, 28 U.S.C. § 1657(a) held.*Christine Terada and Frederick Tucker, agency representatives for NOAA, also present. Oral arguments heard. Plaintiffs 15 Motion to Expedite Pursuant to 16 U.S.C. § 1855(f)(4) or, Alternatively, 28 U.S.C. § 1657(a)--DENIED as MOOT. The court intends to proceed as expeditiously as if the motion had been granted. Plaintiffs 13 Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief is TAKEN UNDER ADVISEMENT. Court to issue written order. (Reporter-Cynthia Fazio) (JUDGE MICAH W.J. SMITH)(tl). (Main Document 35 replaced on 8/7/2025) (tl). (Entered: 08/06/2025)

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT RE: FIFTH AND SIXTH CLAIMS FOR RELIEF re 13 - Signed by JUDGE MICAH W.J. SMITH on 8/8/2025.   The President has concluded that appropriately managed commercia l fishing should be allowed within the Monument Expansion. Persons of good faith might agree or disagree with the President's conclusion.  But this court does not sit in judgment of the wisdom of that policy. The only questions presented here are legal ones: whether Plaintiffs have the procedural right to make the agency hear them out on the question of what restrictions are needed to ensure that commercial fishing in the Monument Expansion is indeed appropriately managed (and to ha ve that opportunity before commercial fishing is given the green light), and whether Plaintiffs have the right to vindicate their asserted procedural right in court.  For the reasons set out above, the court has concluded that Plaintiffs have the right to present their legal claims in court--that is, they have Article III standing, and the APA authorizes this court to exercise judicial review of their claims. And as to whether Plaintiffs' claims are correct--whether Plaintiffs are r ight to contend that they are entitled to participate in a notice and comment procedure--the government has chosen to concede that they are.  Accordingly, Plaintiffs' motion for summary judgment on its fifth and sixth claims for relief, ECF No. 13, is GRANTED, and the National Marine Fisheries Service's April 25, 2025, letter is hereby VACATED.(jni)