Case: United States v. Nago

United States of America v. Nago

COMPLAINT against Scott Nago, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement)(Neff, Eric) Modified on 12/12/2025 Document is signed by co-counsel Brittany E. Bennett (eta). (Entered: 12/11/2025)

1 Civil Cover Sheet

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2 Supplement

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NOTICE of Case Assignment: Please reflect Civil case number CV25-00522 LEK-RT on all further pleadings. (jni) (Entered: 12/11/2025)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/9/2026 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/11/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 12/11/2025)

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: 12/11/2025)

MOTION to Compel Production of Documents Pursuant to the Civil Rights Act of 1960 Eric Neff appearing for Plaintiff United States of America (Attachments: # 1 Memorandum, # 2 Exhibit Exhibits 1-5, # 3 Declaration Declaration of Eric Neff, # 4 Supplement Proposed Order)(Neff, Eric) Modified on 12/12/2025 The motion is signed by co-counsel Brittany E. Bennett (eta). (Entered: 12/11/2025)

1 Memorandum

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2 Exhibit Exhibits 1-5

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3 Declaration Declaration of Eric Neff

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4 Supplement Proposed Order

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EO: ORDER REGARDING PLAINTIFF'S MOTION FOR ORDER TO COMPEL THE PRODUCTION OF RECORDS PURSUANT TO 52 U.S.C. § 20701, ET SEQ.On December 11, 2025, Plaintiff United States of America ("United States") filed a Complaint and a Motion for Order to Compel the Production of Records Pursuant to 52 U.S.C. § 20701, et seq. ("Motion to Compel"). [Dkt. nos. 1, 5.] The parties are hereby informed that this Court will not set the hearing date and the briefing schedule for the Motion to Compel until after the United States files proof that it has completed service upon Defendant Scott Nago, in his official capacity as Chief Elections Officer for the State of Hawai`i.IT IS SO ORDERED. (SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc) (Entered: 12/11/2025)

ADVISORY ENTRY. Incorrect Attorney Filer- Please be advised that ECF Nos. 1 Complaint and 5 MOTION to Compel Production of Documents Pursuant to the Civil Rights Act of 1960, were signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. Additionally, please be advised that exhibits submitted in support of the motion, ECF No. 5, were not separately attached. For future reference, all exhibits should be separately attached to the main document and labeled accordingly. No further action is necessary. (eta)

Advisory Entry-Incorrect Attorney Filer

MOTION to Intervene NAACP CALIFORNIA-HAWAII STATE CONFERENCES MOTION TO INTERVENE AS DEFENDANT William Meheula appearing for Intervenor Defendant NAACP California-Hawaii State Conference (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Meheula, William) (Entered: 12/17/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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EO: ORDER SETTING BRIEFING SCHEDULE. On 12/17/2025 proposed Intervenor Defendant, NAACP California-Hawaii State Conference filed 7 Motion to Intervene.Court sets the following hearing and briefing schedule:Opposition memoranda due: 12/31/2025Optional reply memorandum due: 1/8/2026Motion hearing is set for 1/22/2026 at 11:30 AM before the Honorable Judge Leslie E. Kobayashi.Parties should consult the court's digital calendar on the hearing date for the courtroom assignment. IT IS SO ORDERED. (SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc) (Entered: 12/18/2025)

MOTION for Pro Hac Vice Jacob Shelly, Esq. Filing fee $ 300, receipt number AHIDC-3247741.William Meheula appearing for Intervenor Defendant NAACP California-Hawaii State Conference (Meheula, William) (Entered: 12/23/2025)

MOTION for Pro Hac Vice Qizhou Ge, Esq. Filing fee $ 300, receipt number AHIDC-3247755.William Meheula appearing for Intervenor Defendant NAACP California-Hawaii State Conference (Meheula, William) (Entered: 12/23/2025)

MOTION for Pro Hac Vice Abha Khanna, Esq. Filing fee $ 300, receipt number AHIDC-3247756.William Meheula appearing for Intervenor Defendant NAACP California-Hawaii State Conference (Meheula, William) (Entered: 12/23/2025)

Summons (Proposed) (Bennett, Brittany) (Entered: 12/29/2025)

Summons (Proposed) (Bennett, Brittany) (Entered: 12/29/2025)

NOTICE of No Position by United States of America re 7 MOTION to Intervene NAACP CALIFORNIA-HAWAII STATE CONFERENCES MOTION TO INTERVENE AS DEFENDANT United States of America. (Bennett, Brittany) Modified on 12/29/2025 (eta). (Entered: 12/29/2025)

Summons Issued as to Scott Nago. (eta) (Entered: 12/30/2025)

Summons Issued as to Anne E. Lopez, Attorney General for the State of Hawaii. (eta) (Entered: 12/30/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Qizhou Ge, Esq. re 10 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/2/2026.Attorney Qizhou Ge added Pro Hac Vice for proposed Defendant-Intervenor NAACP California-Hawaii State Conference (jni) (Entered: 01/02/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Abha Khanna, Esq. re 11 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/2/2026.Attorney Abha Khanna added Pro Hac Vice for proposed Defendant-Intervenor NAACP California-Hawaii State Conference (jni) (Entered: 01/02/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Jacob Shelly, Esq. re 9 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/2/2026.Attorney Jacob Shelly added Pro Hac Vice for proposed Defendant-Intervenor NAACP California-Hawaii State Conference (jni) (Entered: 01/02/2026)

EO: ORDER GRANTING MOTION TO INTERVENE AS DEFENDANT On December 17, 2025, Proposed Intervenor-Defendant NAACP California-Hawaii State Conference ("NAACP CA-HI") filed a Motion to Intervene as Defendant ("Motion"). [Dkt. no. 7.] The deadline to file any opposition to the Motion was December 31, 2025. See Minute Order - EO: Order Setting Briefing Schedule, filed 12/18/25 (dkt. no. 8). The only response to the Motion was Plaintiff United States of America's ("United States") notice of no position, [filed 12/29/25 (dkt. no. 14)]. Because the Motion is unopposed and for the reasons stated in the Motion, this Court exercises its discretion and GRANTS the Motion pursuant to Federal Rule of Civil Procedure 24(b). NAACP CA-HI has established that it "has a claim or defense that shares with the main action a common question of law or fact," and this Court finds that allowing the NAACP CA-HI to intervene will not "unduly delay or prejudice the adjudication of the original parties' rights." See Fed. R. Civ. P. 24(b)(1)(B), (3). Because Rule 24(b) is a sufficient basis to permit the NAACP CA HI to intervene, this Court makes to findings or conclusions regarding NAACP CA-HI's request to intervene pursuant to Rule 24(a)(2). NAACP CA-HI shall file its answer to the United States's Complaint, in the form attached to the Motion, by January 12, 2026. IT IS SO ORDERED. (SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc) (Entered: 01/05/2026)

ANSWER to 1 Complaint by NAACP California-Hawaii State Conference.(Meheula, William) (Entered: 01/06/2026)

Errata NOTICE OF ERRATA 9 FOR MOTION TO APPEAR PRO HAC VICE for Jacob Shelly, Esq.. (Meheula, William) Modified on 1/9/2026 (eta). (Entered: 01/08/2026)

NOTICE by United States of America re 5 MOTION to Compel Production of Documents Pursuant to the Civil Rights Act of 1960 United States of America. (Attachments: # 1 Exhibit Order to Show Cause, Connecticut)(Bennett, Brittany) (Entered: 01/13/2026)

1 Exhibit Order to Show Cause, Connecticut

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MOTION to Intervene as Defendants of Common Cause, Neil Abercrombie, and Katherine Hammes Emily M. Hills appearing for Intervenor Defendants Common Cause, Neil Abercrombie, Katherine Hammes (Attachments: # 1 Exhibit 1 - Proposed Motion to Dismiss, # 2 Exhibit 2 - Decl. of Camron Hurt, # 3 Exhibit 3 - Decl. of Neil Abercrombie, # 4 Exhibit 4 - Decl. of Katherine Hammes, # 5 Exhibit 5 - US DOJ MOU, # 6 Exhibit 6 - Trans. Weber Hearing, # 7 Exhibit 7 - Weber Order, # 8 Certificate of Service)(Hills, Emily) (Entered: 01/14/2026)

1 Exhibit 1 - Proposed Motion to Dismiss

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2 Exhibit 2 - Decl. of Camron Hurt

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3 Exhibit 3 - Decl. of Neil Abercrombie

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4 Exhibit 4 - Decl. of Katherine Hammes

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5 Exhibit 5 - US DOJ MOU

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6 Exhibit 6 - Trans. Weber Hearing

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7 Exhibit 7 - Weber Order

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8 Certificate of Service

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MOTION for Pro Hac Vice of Ethan Herenstein Filing fee $ 300, receipt number AHIDC-3255207.Emily M. Hills appearing for Intervenor Defendants Neil Abercrombie, Common Cause, Katherine Hammes (Hills, Emily) (Entered: 01/16/2026)

MOTION for Pro Hac Vice of Sophia Lin Lakin Filing fee $ 300, receipt number AHIDC-3255269.Emily M. Hills appearing for Intervenor Defendants Neil Abercrombie, Common Cause, Katherine Hammes (Hills, Emily) (Entered: 01/16/2026)

MOTION for Pro Hac Vice of Theresa J. Lee Filing fee $ 300, receipt number AHIDC-3255270.Emily M. Hills appearing for Intervenor Defendants Neil Abercrombie, Common Cause, Katherine Hammes (Hills, Emily) (Entered: 01/16/2026)

MOTION for Pro Hac Vice of William Hughes Filing fee $ 300, receipt number AHIDC-3255271.Emily M. Hills appearing for Intervenor Defendants Neil Abercrombie, Common Cause, Katherine Hammes (Hills, Emily) (Entered: 01/16/2026)

SUMMONS Returned Executed USM-285 Form by United States of America. Scott Nago served on 1/15/2026. (Bennett, Brittany) Modified on 1/21/2026 (eta). (Entered: 01/20/2026)

SUMMONS Returned Executed USM-285 Form by United States of America. Anne E. Lopez, Attorney General, State of Hawaii served on 1/15/2026. (Bennett, Brittany) Modified on 1/21/2026 (eta). (Entered: 01/20/2026)

EO: ORDER REGARDING MOTION OF COMMON CAUSE, NEIL ABERCROMBIE, AND KATHERINE HAMMES TO INTERVENE AS DEFENDANTS On January 14, 2026, Common Cause, Neil Abercrombie, and Katherine Hammes filed a motion to intervene as defendants in this case ("Proposed Intervenors" and "Motion"). [Dkt. no. 24.] Counsel for the Proposed Intervenors and counsel for all parties that have entered an appearance in this case are DIRECTED to meet and confer regarding whether any party intends to oppose the Motion. If the Motion will be unopposed, the parties shall prepare a stipulation allowing the Proposed Intervenors to intervene as defendants in this case. The stipulation shall be submitted to this Court for approval by February 3, 2026. If any party in this case intends to oppose the Motion, that party shall file a one-page notice stating its intent. The notice shall be filed by February 3, 2026. This Court will thereafter set a briefing schedule and a hearing date for the Motion. IT IS SO ORDERED. (SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc) (Entered: 01/20/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Ethan Herenstein, Esq. re 25 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2026.Attorney Ethan Herenstein added Pro Hac Vice for proposed Intervenor-Defendants Neil Abercrombie, Common Cause, Katherine Hammes. (jni) (Entered: 01/21/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Sophia Lin Lakin, Esq. re 26 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2026.Attorney Sophia Lin Lakin added Pro Hac Vice for proposed Intervenor-Defendants Neil Abercrombie, Common Cause, Katherine Hammes. (jni) (Entered: 01/21/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Theresa J. Lee, Esq. re 27 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2026.Attorney Theresa J. Lee added Pro Hac Vice for proposed Intervenor-Defendants Neil Abercrombie, Common Cause, Katherine Hammes. (jni) (Entered: 01/21/2026)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to William Hughes, Esq. re 28 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2026.Attorney William Hughes added Pro Hac Vice for proposed Intervenor-Defendants Neil Abercrombie, Common Cause, Katherine Hammes. (jni) (Entered: 01/21/2026)

Process Receipt and Return - USM 285 by U.S. Marshals Service. re 15 Summons Issued to Scott Nago served on 1/15/2026. (Attachments: # 1 copy of issued summons as to Scott Nago) Note: The proof of service page was not included with the copy of the issued summons. (eta) (Entered: 01/23/2026)

Process Receipt and Return - USM 285 by U.S. Marshals Service re 16 Summons Issued as to Anne E. Lopez served on 1/15/2026. (Attachments: # 1 copy of issued summons as to Anne E. Lopez) Note: The proof of service page was not included with the copy of the issued summons. (eta) (Entered: 01/23/2026)

NOTICE of Appearance by Kalikoonalani Diara Fernandes on behalf of Scott Nago on behalf of Scott Nago. (Attachments: # 1 Certificate of Service)(Fernandes, Kalikoonalani) (Entered: 01/22/2026)

NOTICE of Appearance by Thomas J. Hughes on behalf of Scott Nago on behalf of Scott Nago. (Attachments: # 1 Certificate of Service)(Hughes, Thomas) (Entered: 01/22/2026)

NOTICE of Appearance by Andrew Zheng Mitteness Teoh on behalf of Scott Nago on behalf of Scott Nago. (Attachments: # 1 Certificate of Service)(Teoh, Andrew) (Entered: 01/22/2026)