Case: Students for Fair Admissions v. Trustees of the Estate of Bernice Pauahi Bishop

COMPLAINT against Trustees of the Estate of Bernice Pauahi Bishop dba Kamehameha Schools ( Filing fee $ 405 receipt number BHIDC-3223237.), filed by Students for Fair Admissions. (Attachments: # 1 Civil Cover Sheet)(Franklin-Murdock, Jesse) (Entered: 10/20/2025)

1 Civil Cover Sheet

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Summons (Proposed) (Franklin-Murdock, Jesse) (Entered: 10/20/2025)

Corporate Disclosure Statement by Students for Fair Admissions. (Franklin-Murdock, Jesse) (Entered: 10/20/2025)

NOTICE of Case Assignment: Please reflect Civil case number CV25-00450 LEK-RT on all further pleadings. (jni) (Entered: 10/20/2025)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/15/2025 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/20/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 10/20/2025)

CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 Waiver of the Service of Summons)(jni) (Entered: 10/20/2025)

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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. (jni) (Entered: 10/20/2025)

Summons Issued as to Trustees of The Estate of Bernice Pauahi Bishop. (jni) (Entered: 10/20/2025)

MOTION for Pro Hac Vice [R. Gabriel Anderson, Esq.] Filing fee $ 300, receipt number BHIDC-3223400.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Cameron T. Norris, Esq.] Filing fee $ 300, receipt number AHIDC-3223403. Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [J. Michael Connolly, Esq.] Filing fee $ 300, receipt number AHIDC-3223405.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Julius Kairey, Esq.] Filing fee $ 300, receipt number AHIDC-3223407.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Adam K. Motara, Esq.] Filing fee $ 300, receipt number AHIDC-3223409.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Thomas R. McCarthy, Esq.] Filing fee $ 300, receipt number AHIDC-3223852.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/21/2025)

SUMMONS Returned Executed by Students for Fair Admissions. Trustees of The Estate of Bernice Pauahi Bishop served on 10/21/2025. (Franklin-Murdock, Jesse) (Entered: 10/21/2025)

ORDER OF RECUSAL - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 10/21/2025. (eta) (Entered: 10/21/2025)

NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00450 MWJS-RT on all further pleadings. (eta) (Entered: 10/22/2025)

NOTICE by Students for Fair Admissions of Constitutional Challenge Students for Fair Admissions. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 10/23/2025)

1 Certificate of Service

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ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to R. Gabriel Anderson, Esq. re 9 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney R. Gabriel Anderson added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Cameron T. Norris, Esq. re 10 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Cameron T. Norris added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to J. Michael Connolly, Esq. re 11 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney J. Michael Connolly added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Julius Kairey, Esq. re 12 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Julius Kairey added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Adam K. Mortara, Esq. re 13 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025. Attorney Adam K. Mortara added Pro Hac Vice for Plaintiff Students for Fair Admissions.(jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Thomas R. McCarthy, Esq. re 14 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Thomas R. McCarthy added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

EO: On October 23, 2025, Plaintiff Students for Fair Admissions ("SFFA") filed a 18 Notice of Constitutional Challenge pursuant to Rule 5.1(a) of the Federal Rules of Civil Procedure, notifying the Attorney General of the United States that "this matter draws into question the constitutionality of 42 U.S.C. § 1981." Dkt. No. 18, at PageID.98. The notice states that Rule 5.1(a) "appear[s] to be satisfied." Id. If Rule 5.1(a) is indeed satisfied, then the court "must, under 28 U.S.C. § 2403," certify to the Attorney General of the United States "that a statute has been questioned." Fed. R. Civ. P. 5.1(b). SFFA has not taken a position on the issue of certification by the court under Rule 5.1(b). Defendant Trustees of the Estate of Bernice Pauahi Bishop d/b/a Kamehameha Schools ("Kamehameha Schools") has not yet entered an appearance in this case and therefore also has not taken a position. Within three days of Kamehameha Schools entering an appearance in this case, each party shall file a response to the question of whether the court should certify to the Attorney General of the United States that a statute has been questioned. Each response shall be no longer than three pages. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) (Entered: 10/27/2025)

Brief re 25 Link,,,,, RESPONSE REGARDING CERTIFICATION OF CONSTITUIONAL QUESTION. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 10/31/2025)

1 Certificate of Service

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MOTION for Leave to File Amicus Curiae Brief in Support of Defendant - by Ni'i Loa M. Kamehameha. (Attachments: # 1 (Proposed) Order, # 2 Memorandum in Support, # 3 Exhibits, # 4 Affidavit, # 5 Certificate of Service, # 6 Mailing Envelope)(jni) (Entered: 11/13/2025)

1 (Proposed) Order

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2 Memorandum in Support

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3 Exhibits

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4 Affidavit

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5 Certificate of Service

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6 Mailing Envelope

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RESPONSE in Opposition re 27 MOTION for Leave to File an Amicus Curiae Brief filed by Students for Fair Admissions. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 11/18/2025)

1 Certificate of Service

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EO: By agreement of the parties, the Rule 16 Scheduling Conference scheduled for 12/15/2025 is CONTINUED to 4/22/2026 at 9:00 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 4/15/2026. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(rt2) (Entered: 11/21/2025)

(non-party) REPLY to Plaintiff's Opposition to Motion for Leave to File Amicus Curiae Brief (Regarding Docket 28) re 27 - filed by Ni'i Loa M. Kamehameha. (Attachments: # 1 Certificate of Service)(jni) (Additional attachment(s) added on 11/24/2025: # 2 Mailing Envelope) (jni). (Entered: 11/24/2025)

(non-party) Motion for Permission to File Electronically (CM/ECF) - by Ni'i Loa M. Kamehameha. (Attachments: # 1 Certificate of Service) (jni) (Additional attachment(s) added on 11/24/2025: # 2 Mailing Envelope) (jni). (Entered: 11/24/2025)

STATEMENT Regarding Proceedings in Response to October 27, 2025, EO Concerning Certification Under Rule 5.1(B) [ECF 25] filed by Trustees of The Estate of Bernice Pauahi Bishop. (Attachments: # 1 Certificate of Service)(Cox, Joachim) (Entered: 11/25/2025)

1 Certificate of Service

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MOTION for Pro Hac Vice [Ellyde R. Thompson] Filing fee $ 300, receipt number AHIDC-3238272.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

MOTION for Pro Hac Vice [John F. Bash] Filing fee $ 300, receipt number AHIDC-3238274.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

MOTION for Pro Hac Vice [William A. Burck] Filing fee $ 300, receipt number AHIDC-3238275.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

AMENDED COMPLAINT; Jury Trial Demanded against Trustees of The Estate of Bernice Pauahi Bishop, filed by Students for Fair Admissions, I. P., B. P..(Franklin-Murdock, Jesse) Modified on 12/1/2025 (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Ellyde R. Thompson, Esq. re 33 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney Ellyde R. Thompson added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to John F. Bash, Esq. re 34 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney John F. Bash added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to William A. Burck, Esq. re 35 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney William A. Burck added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

CERTIFICATION TO THE ATTORNEY GENERAL OF THE UNITED STATES THAT A FEDERAL STATUTE HAS BEEN QUESTIONED, AND ORDERPERMITTING INTERVENTION - Signed by JUDGE MICAH W.J. SMITH on 12/1/2025.   Under 28 U.S.C. § 2403(a) an d Rule 5.1(b) of the Federal Rules of Civil Procedure, the court hereby certifies to the Attorney General of the United States that this action, in part, calls into question the constitutionality of 42 U.S.C. § 1981. The United States shall be p ermitted to intervene in accordance with 28 U.S.C. § 2403(a) and Rule 5.1(c), except that the court extends the deadline for intervention so that it expires 60 days from the date of this order. The Clerk of Court shall serve this certification and order on the Attorney General for the United States.(jni)

FIRST STIPULATION TO FILE FIRST AMENDED COMPLAINT AND IDENTIFY RESPONSE DATE, AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.The Trustees of The Estate of Bernice Pauahi Bishop answer due 1/14/2026.(jni) (Entered: 12/01/2025)

COURT'S CERTIFICATE of Service - a certified copy of 40 Order, has been served by First Class Mail to the Office of the Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 on December 2, 2025. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)